Dy Yieng Seangio v.

Reyes, Alfredo Seangio

Respondents
1988
Petition for Settlement of Intestate Estate Segundo Seangio
Petition for Appointment of Elisa Seangio-Santos as Special Administrator and guardian ad
litem of Dy Yieng Seangio

Dy Yieng, Barbara, Virginia (surnames Seangio)

Opposed petition
(1) Dy Yieng is still very healthy and in full command of her faculties
(2) Segundo executed a GPoA in favor of Virginia to manage and exercise control and
supervision over his business in the Philippines
(3) Virginia is the most competent and qualified to serve as the administrator of the Estate of
Segundo because she is a CPA
(4) Segundo allegedly left a 1995 holographic will, disinheriting one of the respondents,
Alfredo Seangio, for cause.
In view of this said will, the intestate proceedings are to be automatically suspended
and replaced by the proceedings for the probate of the will.

Dy Yieng, Barbara, Virginia (surnames Seangio)

1999
Petition for Probate of the Holographic Will
reiterated prayer to replace the on-going Intestate Proceeding

Holographic Will
tahasan at hayagang inaalisan ko ng lahat at anumang mana ang paganay kong anak na si
Alfredo Seangio dahil siya ay naging lapastangan sa akin [] labis kong kinasama ng loob
ko at sasabe rin ni Alfredo sa akin na ako nasa ibabaw gayon gunit daratin ang araw na ako
nasa ilalim siya at siya nasa ibabaw.
"ikinasama ng loob ko ang gamit ni Alfredo ng akin pagalan para makapagutang na kuarta
siya at kanya asawa na si Merna de los Reyes sa China Bangking Corporation na millon
pesos

"ikinagalit ko pa rin ang pagkuha ni Alfredo at ng kanyang asawa na mga custome[r] ng

Travel Center of the Philippines na pinagasiwaan ko at ng anak ko si Virginia.

Respondents
Dismissal of Probate Proceedings
Grounds:
(1) The will of Segundo does not contain any disposition of the estate of the deceased
thus does not meet the definition of a will under Article 783 of the Civil Code.
(2) The will only shows an alleged act of disinheritance by the decedent of his eldest
son
(3) Assuming arguendo,
Since compulsory heirs were not named nor instituted as heir, devisee or
legatee, hence, there is preterition which would result to intestacy.
Thus, court can liberally pass upon the intrinsic validity of the will, and order its
outright dismissal
Dy Yieng, Barbara, Virginia (surnames Seangio)
Opposition to Motion to Dismiss Probate Proceedings
(1) GR: the authority of the probate court is limited only to a determination of the
extrinsic validity of the will; Thus it must allow probate since nothing is wrong with the
extrinsic aspect.
(2) Kasulatan ng Pag-Aalis ng Mana, contains a disinheritance of a compulsory heir.
(3) Such disinheritance constitutes a disposition of the estate of a decedent; Thus, a
will.
(4) Rule on preterition does not apply because Segundo's will does not constitute a
universal heir or heirs to the exclusion of one or more compulsory heirs.
It appears that Segundo intended all his compulsory heirs, petitioners and
private respondents alike, with the sole exception of Alfredo, to inherit his
estate.
Since there was no institution of heirs, no preterition in the Will.
RTC
There is preterition. Only heirs mentioned were Alfredo and Virginia
Since other heirs were omitted, Art 854 applies.
But, in so far as widow is concerned, Art 854 does not apply, as she is not a
compulsory heir in the direct line.

Thus, using Acain v. IAC, the trial court could have denied its probate outright or could have
passed upon the intrinsic validity of the testamentary provisions before the extrinsic validity
of the will was resolved
SC
(1) There was disinheritance of Alfredo by Segundo; which is VALID
For disinheritance to be valid, Article 916 requires that it must be eected through a Will
wherein the legal cause shall be specified.
In CAB,
the incidents, taken as a whole, can be considered a form of maltreatment by Alfredo of his
father, and that the matter presents a sucient cause
Thus, this is a sucient cause for the disinheritance of a child or descendant under
Article 919 (6) "Maltreatment of the testator by word or deed, by the child or
descendant; "
(2) The document conforms to the formalities of a holographic will.
Written, dated and signed by the hand of Segundo himself.
While it does not make an armative disposition of the Segundo's property, the
disinheritance of Alfredo, nonetheless, is an act of disposition in itself.
It is a disposition in favor of those who would succeed in the absence of Alfredo.
(3) The compulsory heirs in the direct line were not preterited in the will
The will was Segundo's last expression to bequeath his estate to all his compulsory heirs,
with the sole exception of Alfredo.
Also, Segundo did not institute an heir to the exclusion of his other compulsory heirs
Mere mention of the name of one of the petitioners, Virginia, in the document did not
operate to institute her as the universal heir.

RTC to allow probate of Holographic Will.

Testate proceedings for the settlement of the estate of the decedent take precedence over
intestate proceedings for the same purpose.