Reyes v. CA, S.C. L-5620 July 31, It depends.

The general rule is that the heirs

1954
cannot validly claim ownership over the
-If the contract is void, the property still forms part properties in question if alienated prior to the
of the inheritance in order not to prejudice the heir. decedent’s death. The rights to succession are
transmitted at the moment of death of the
-The natural children of the deceased in this case decedent (Art. 777 of the Civil Code) Exception is
are questioning the intrinsic validity of the will on when said alienation is subsequently declared
the ground that his compulsory heir cannot be one,
void as when there is intent to defraud and to
as theirs was an illicit relationship. SC held that as
a general rule, courts in probate proceedings are deprive the heirs of their legitimes. In such case,
limited to pass only upon the extrinsic validity of said alienation is void. Here, the sale was declared
the will sought to be probated. There are, void for being absolutely simulated and because
however, notable circumstances wherein the of intent to defraud heirs of their legitimes.
intrinsic validity was first determined as when the
Hence, said properties still form part of the
defect of the will is apparent on its face and the
inheritance of the deceased.
probate of the will may become a useless
ceremony if it is intrinsically invalid. The intrinsic
validity of a will may be passed upon because
“practical considerations” demanded it as when
there is preterition of heirs or the testamentary
provisions are doubtful legality. In this case
however, there was never an open admission of
any illicit relationship. Thus, there was no need to
go beyond the face of the will.

FACTS

Benedicto delos Reyes, during his lifetime, sold

some of his properties to the heirs of his executor.
The said sale was challenged by the heirs of the
decedent, contending therein that said properties
cannot be legally disposed by the decedent
because it forms part of his estate to be inherited
by petitioners, the decedent heirs. Both the trial
court upheld the validity of the sale between
decedent and the heirs of the executor having
said that the sold properties were sold before the
death of the decedent and can no longer be part
of the inheritance.

ISSUE

Whether or not the petitioners are entitled of the

property sold by the decedent during his lifetime.

RULING