REYES VS CA

FACTS:

In this particular case, the late Torcuato J. Reyes executed his last will and testament which states that
he give and bequeath certain personal and real properties to his wife, Asuncion "Oning" R. Reyes.

Julio Vivares, the private respondent in this case was assigned to be the executor. After the testator
died, private respondent filed a petition for probate of the will before the Regional Trial Court of
Mambajao, Camiguin.

Thereafter the natural children of the deceased with a certain Estebana Galolo, Manuel, Mila and
Danilo Reyes and natural children with Celsa Agape namely, Lyn and Marites Agape FILED AN
OPPOSITION with the allegations that first, the last will ad testament was not executed and attested
as required in the formalities of law and there was an alleged undue influence of Asuncion Reyes to
the testator at the execution of the said last will and testament and third, that Asunsion Reyes was
never married to the testator considering that the deceased was married to a certain Lupo Ebale and
that the said marriage is subsisting and never annulled. It was further claim that assuming there's a
marriage between the deceased and Asuncion Reyes, it is void ab initio because they were collateral
relatives within fourth civil degree. Hence, Asuncion Reyes should not be considered as compulsory
heir for the same would constitution violation and against the public policy.

The trial court ruled that the last will and testament is in accordance with the formalities prescribed
by our laws ahowever, it declared that the par. II. a&b is void due to adulterous relationship between
the deceased and Asuncion. Thus, it is INTRINSICALLY INVALID.

On appeal to the Court of Appeals, the said appellate court, ruled on the validity of the said portion
in the last will and testament, on the gorund that the said oppositors did not present ANY
COMPETENT EVIDENCE that the marriage is void.

Hence this petition.

ISSUE:
(1) WHETHER OR NOT the paragraph II a and b of the last will and testament is void.

HELD:
(1) NO.
IT IS VALID.

The court ruled that as a general rule, the courts in probate proceedings ARE LIMITED TO PASS
ONLY UPON THE EXTRINSIC VALIDITY of the will, meaning it should only inquires on the due
execution on whether it complies with the formalities prescribed by law and the capacity of the
testator. The intrinsic validity shall be only first determine ONLY IF DEMANDED BY PRACTICAL
CONSIDERATIONS such as when there is preterition of heirs or the testamentary provisions are of
doubtful legality or where the PARTIES agree that the intrinsic validity be determined first.
In the present case, the petition arose on questions on whether the the testator has capacity, consent
and whether the last will and testament complied with the formalities prescribed by law. Hence, it
does not seek to determine on the intrinsic validity of the will. The declaration that Asuncion Reyes
was not his wife is considered as an inquiry on the will's intrinsic validity. The invocation of the
petitioners in the case of Nepomoceno is incorrect for in that acse the testator admitted the illicit
relationship in the last will and testament in this case, however in this, the testator did not mention
any illicit relationship between him and Asuncion. thus, the presumption of marriage is upheld,

Furthermore, the petitioners presentation of the marriage certificate to prove their complaint in the
CA is immaterial because when they failed it to present before the probate court was considered as a
WAIVER.

Hence, this petition for review on certiorari was DENIED.