Montinola-Sanson Vs CA
Montinola-Sanson Vs CA
Montinola-Sanson Vs CA
#130
2.
WON the fact that in her holographic will the testatrix failed to
dispose of all of her estate is an indication of the unsoundness of her mind.
24
it was held
The appellants emphasize the fact that family ties in this country are very
strongly knit and that the exclusion of a relative from one's estate is an
exceptional case. It is true that the ties of relationship in the Philippines are
very strong, but we understand that cases of preterition of relatives
from the inheritance are not rare. The liberty to dispose of one's
estate by will when there are no forced heirs is rendered sacred by
the Civil Code in force in the Philippines since 1889...
Article 842 of the Civil Code provides that one who has no compulsory heirs may
dispose by will of all his estate or any part of it in favor of any person having
capacity to succeed.
It is within the right of the testatrix not to include her only sister who is
not a compulsory heir in her will. Nevertheless, per testimony of Asuncion
Gemperle, the latter had reserved two boxes of jewelry worth P850,000.00 for
petitioner. Furthermore, petitioner's son Francis was instituted as an heir in the
contested will.
RULING 2:
Thus, the fact that in her holographic will, testatrix disposed of only eleven
(11) of her real properties does not invalidate the will, or is it an indication that
the testatrix was of unsound mind. The portion of the estate undisposed of shall
pass on to the heirs of the deceased in intestate succession.
Neither is undue influence present just because blood relatives, other than
compulsory heirs have been omitted, for while blood ties are strong in the
Philippines, it is the testator's right to disregard non-compulsory heirs. 25 The fact
that some heirs are more favored than others is proof of neither fraud or undue
influence. 26 Diversity of apportionment is the usual reason for making a
testament, otherwise, the decedent might as well die intestate. 27