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    Teotico Vs Del Val

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    Victor Lim
    Maria Mortera died leaving a will written in Spanish that left various properties and legacies. Vicente Teotico filed to probate the will. However, Ana del Val Chan opposed the probate, claiming to be Maria's adopted niece and natural great niece and alleging the will was invalid. The court held that del Val had no right to intervene because she had no interest in the estate as an heir, executor, administrator or claimant since the will did not designate her as such and under civil law she was not a legal heir due to being illegitimate. The court set aside the decision except for the will being duly executed and remanded the case for further proceedings.

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    Teotico Vs Del Val

    Uploaded by

    Victor Lim
    94 views2 pages
    Maria Mortera died leaving a will written in Spanish that left various properties and legacies. Vicente Teotico filed to probate the will. However, Ana del Val Chan opposed the probate, claiming to be Maria's adopted niece and natural great niece and alleging the will was invalid. The court held that del Val had no right to intervene because she had no interest in the estate as an heir, executor, administrator or claimant since the will did not designate her as such and under civil law she was not a legal heir due to being illegitimate. The court set aside the decision except for the will being duly executed and remanded the case for further proceedings.

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    Teotico vs Del Val

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    Maria Mortera died leaving a will written in Spanish that left various properties and legacies. Vicente Teotico filed to probate the will. However, Ana del Val Chan opposed the probate, claiming to be Maria's adopted niece and natural great niece and alleging the will was invalid. The court held that del Val had no right to intervene because she had no interest in the estate as an heir, executor, administrator or claimant since the will did not designate her as such and under civil law she was not a legal heir due to being illegitimate. The court set aside the decision except for the will being duly executed and remanded the case for further proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    94 views2 pages

    Teotico Vs Del Val

    Uploaded by

    Victor Lim
    Maria Mortera died leaving a will written in Spanish that left various properties and legacies. Vicente Teotico filed to probate the will. However, Ana del Val Chan opposed the probate, claiming to be Maria's adopted niece and natural great niece and alleging the will was invalid. The court held that del Val had no right to intervene because she had no interest in the estate as an heir, executor, administrator or claimant since the will did not designate her as such and under civil law she was not a legal heir due to being illegitimate. The court set aside the decision except for the will being duly executed and remanded the case for further proceedings.

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    © All Rights Reserved
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    Teotico vs Del Val

    GR No. L18753, March 26, 1965

    FACTS: Maria Mortera died, she left properties worth P600,000. A


    will was executed before her death written in Spanish; she signed
    the will and was notarized by an attorney. Among the legacies
    made in the will was the P20,000 for Rene Teotico who was
    married to the testatrixs niece, Josefina Mortera. The usufruct of
    Marias interest in the Calvo Building were left to the said spouses
    and the ownership thereof was left in equal parts to her
    grandchildren, the legitimate children of said spouses. Josefina
    was likewise instituted, as sole and universal heir to all the
    remainder of her properties not otherwise disposed by will.
    Vicente Teotico filed a petition for the probate of the will,
    however, it was opposed by Ana del Val Chan, stating that she
    was an adopted child of Francisca (deceased sister of Maria) and
    an acknowledged natural child of Jose (deceased brother of
    Maria), that said will was not executed as required by law and that
    Maria as physically and mentally incapable to execute the will at
    the time of its execution and was executed under duress, threat,
    or influence of fear.

    ISSUE: Whether or not defendant has right to intervene in this


    proceeding.

    HELD: The court held that it is a well-settled rule that in order that
    a person may be allowed to intervene in a probate proceeding is
    that he must have an interest in the estate, will or in the property
    to be affected by either as executor or as a claimant of the estate

    and be benefited by such as an heir or one who has a claim


    against it as creditor.
    Under the terms of the will, defendant has no right to intervene
    because she has no such interest in the estate either as heir,
    executor or administrator because it did not appear therein any
    provision designating her as heir/ legatee in any portion of the
    estate. She could have acquired such right if she was a legal heir
    of the deceased but she is not under the CIVIL CODE. Even if her
    claims were factual, the law does not give her any right to
    succeed the estate of the deceased sister of both Jose and
    Francisca because being an illegitimate child she is barred by law
    from succeeding to the legitimate relatives of her natural father
    and that relationship established by adoption is incomplete solely
    to the adopter and adopted and does not extend to the relatives
    of the adopting parents except only as expressly provided by law.
    As a consequence, she is an heir of the adopter but not of the
    relatives of the adopter.

    WHEREFORE, with the exception of that portion of the decision


    which declares that the will in question has been duly executed
    and admitted the same to probate, the rest of the decision is
    hereby set aside. This case is ordered remanded to the court a
    quo for further proceedings. No pronouncement as to costs.

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