Gallanosa v Arcangel

Facts
 61 parcels of land left by Florentino Hitosis
 Opposed by the testator’s legal heirs (BNNs)
 Testamentary heirs submitted project of partition
Issue
 W/N the will was valid?
Ruling
 After the finality of the allowance of a will, issue of voluntariness of its execution cannot be
raied anymore
 Austria v Ventenilla: a petition for annulment of a will not entertained after the decree of
probate became final

Nepomuceno v CA
Facts
 Concerns probate of Martin Jugo’s will
 Will was duly signed by him at the end of page 3 and on left margins
 Named and appointed Sofia as his sole and only executor – had been estranged from wife
 LC denied probate bec. He admitted that he was cohabiting with Sofia in his will
Issue
 W/N LC acted with GAD in declaring that it was validly drawn
Ruling
 SC agreed with Resp. argument
o Fact that the will expressly admits relationship merits Nuguid doctrine
o TC acted correctly in passing upon intrinsic validity before extrinsic validity

Austria v CA
Facts
 Basilia Austria filed a petition for probate of hew own will and testament
 Bulk of estate to pass to her legally adopted children
 Complaint in intervention assails legality of the tie of the adopted children
Issue
 W/N will should be probated
Ruling
 Express adoption of legitimes should indicate her agreement to the statutory scheme
 Decedent’s will does not state in a specific manner the cause for the institution
 “sapilitang tagapagmana” “sapilitang mana”
o No absolute indication that she would have willed her estate any other way

Palacios v Ramirez
Facts
 Widow Marcelle was a French in Paris; Wanda was Austrian in Spain
 Testator provided for substitutions
 Will admitted to probate in Manila
 Probate opposed on ground of “vulgar substitutions”
Issue
 Manner of partitioning the testate estate of Jose Ramirez
Ruling
 Fideicommissary substitution
 Correct in claim that it is void
 Substitutes are not related to Wanda (heir instituted)
 Fideicommissary can only either be a child or parent of the first heir

Crisologo v Singson
Facts
 Action for partition commend by sps Florentino against Manuel Singson over a residential
lot
 Complaiant: Singson owned ½ pro-indiviso of the property; Florentino owned other ½ by
virtue of probated will of Leona Singson
 Defense: Consolacion was a mere usufrctuary
Issue
 W/N the testamentary disposition provided for susticion vulgar/susticion fideicomisaria
Ruling
 Apply laws prior to NCC
 Old law provides for substitution –upon Consolacion’s death, property delivered to 3
brothers (susticion vulgar) Consolacion became owner
  BUT if susticion fidecomisaria  nothing more than usufructuary rights

PCIB v CA
Facts
 Certiorari –declare acts of CA in estate of Linnie Jane Hodges void
 Linnie died leaving a will
o All debts paid out of estate
o Devise residue to husband Charles
o Direct Charles to manage and enjoy estate
o At his death residue to be divided among siblings of Linnie
o If siblings die, children of siblings
o Husband as testator
 Will was probated
Issue
 W/N CA decision void?
Ruling
 2 kinds of substitution:
o Simple
o Fideicommissary
 Error in PCIB position: views disposition exclusively in light of substitution in CC –
substitution occurs only when another heir is appointed in a will
 Partially resolutory
 If no absolution obligation to preserve and transmit  no fidecomisaria

Rabadilla v CA
Facts
 Codicil in Last will of Aleja Belleza – Jorje Rabadilla appointed as devisee to a parcel of land
 Codicil was probated
 Property transferred to Jorje (died)
 Maria Marlena filed complaint against Jorje’s heirs (violation of codicil)
Issue
 W/N codicil was violated?
Ruling
 CA erred not in ruling that the institution was in the nature of a modal institution (A882)
 Institution sub modo
 Mode imposes obligation upon heir or legatee but does not affect the efficacy of his rights
 Testatrix intended subject property to be inherited by Jorje –if not complied with, turned
over to descendants
 Testamentary dispositions = acts of liberality