22 PAULA DE LA CERNA, ET AL. v.

MANUELA REBACA POTOT, ET The second probate was denied because the will was
AL., and THE HONORABLE COURT OF APPEALS allegedly executed contrary to the prohibition of joint wills.
G.R. No. L-20234|December 23, 1964| REYES JBL ISSUE:
TOPIC: Notarial Wills  Whether a joint will may be denied subsequent probate
after it was admitted in prior probate proceedings.
DOCTRINE: RULING:
 A final probate decree of a joint will of husband and wife  NO. It is true the law (Art. 669, old Civil Code; Art. 818, new
affects only the share of the deceased spouse and cannot Civil Code) prohibits the making of a will jointly by two or
include the disposition of the share of the surviving spouse. more persons either for their reciprocal benefit or for the
The validity of said joint will, in so far as the estate of the benefit of a third person. However, as in the present case,
latter spouse is concerned, must be, on her death, the joint last will and testament has been admitted to
reexamined and adjudicated de novo. probate by final order of a Court of competent jurisdiction,
 Where a husband and wife executed a join will and upon so that there seems to be no alternative except to give
the death of the husband, said will was admitted to probate effect to the provisions thereof that are not contrary to law.
by a final decree of the court although erroneous, and the It follows that the validity of the joint will, in so far as the
wife dies later, it is held that said first decree of probate estate of Gervasia was concerned, must be, on her death,
affects only the estate of the husband but cannot affect the reexamined and adjudicated de novo, since a joint will is
estate of the wife, considering that a joint will is a separate considered a separate will of each testator.
will of each testator, and a joint will being prohibited by
law, the estate of the wife should pass upon her death to
her intestate heirs and not to the testamentary heirs, unless
some other valid will is shown to exist in favor of the latter
or unless the testamentary heir is the only heir intestate of
said wife.
FACTS:
 A joint will was executed by Bernabe dela Cerna and
Gervasia Rebaca. Bernabe dela Cerna died on August 30,
1939, and the aforesaid will was probated on October 31,
1939.
 Upon the death of Gervasia Rebaca on October 14, 1952,
another petition for the probate of the same will insofar as
Gervasia was concerned was filed on November 6, 1952.