G.R. No. L-54919, May 30, 1984
- GENERAL RULE: Limited jurisdiction of the probate court
- EXCEPTION: Where practical considerations demand that the intrinsic validity of the will be passed upon, even before it is probated, the court should meet the issues.
FACTS:
Adoracion C. Campos died, leaving Hermogenes Campos (father) and her sisters, Nenita Paguia, Remedios Lopez, and Marieta Medina as the surviving heirs. As the only compulsory heir is Hermogenes, he executed an Affidavit of Adjudication, adjudicating unto himself the entire estate of Adoracion.
Later that same year, Nenita filed a petition for reprobate of a will, alleging among others that Adoracion was an American citizen and that the will was executed in teh US. Adoracion died in Manila while temporarily residing in Malate.
While this case was still pending, Hermogenes died and left a will, appointing Polly Cayetano as the executrix. Hence, this case.
ISSUEs:
- Whether or not the will was valid
- Whether or not the court has jurisdiction over probate proceedings
HELD:
As a general rule, the probate court's authority is limited only to the extrinsic validity of the will, the due execution thereof, the testatrix's testamentary capacity and the compliance with the requisites or solemnities prescribed by law. The intrinsic validity normally comes only after the court has declared that the will has been duly authenticated. However, where practical considerations demand that the intrinsic validity of the will be passed upon, even before it is probated, the court should meet the issues.
In this case, it was sufficiently established that Adoracion was an American citizen and the law which governs her will is the law of Pennsylvania, USA, which is the national law of the decedent.
It is a settled rule that as regards the intrinsic validity of the provisions of the will, the national law of the decedent must apply.
As to the issue of jurisdiction --
The settlement of estate of Adoracion Campos was correctly filed with the CFI of Manila where she had an estate since it was alleged and proven that Adoracion at the time of her death was a citizen and permanent resident of Pennsylvania, USA and not a usual resident of Cavite.
Moreover, petitioner is now estopped from questioning the jurisdiction of the probate court in the petition for relief. It is a settled rule that a party cannot invoke the jurisdiction of a court to secure affirmative relief, against his opponent and after failing to obtain such relief, repudiate or question that same jurisdiction.
