Teotico vs. Del Val

Teotico vs. Del Val

G.R. No. L-18753

Facts:

            Maria Mortera y Balsalobre Vda. de Aguirre died on July 14, 1955 in the City of Manila leaving properties worth P600,000.00. She left a will written in Spanish which she executed at her residence in No. 2 Legarda St., Quiapo, Manila. She affixed her signature at the bottom of the will and on the left margin of each and every page thereof in the presence of Pilar Borja, Pilar G. Sanchez, and Modesto Formilleza, who in turn affixed their signatures below the attestation clause and on the left margin of each and every page of the will in the presence of the testatrix and of each other. Said will was acknowledged before Notary Public Niceforo S. Agaton by the testatrix and her witnesses.

In said will the testatrix made the following preliminary statement: that she was possessed of the full use of her mental faculties; that she was free from illegal pressure or influence of any kind from the beneficiaries of the will and from any influence of fear or threat; that she freely and spontaneously executed said will and that she had neither ascendants nor descendants of any kind such that she could dispose of all her estate.
Among the many legacies and devises made in the will was one of P20,000.00 to Rene A. Teotico, married to the testatrix's niece named Josefina Mortera. To said spouses the testatrix left the usufruct of her interest in the Calvo building, while the naked ownership thereof she left in equal parts to her grandchildren who are the legitimate children of said spouses. The testatrix also instituted Josefina Mortera as her sole and universal heir to all the remainder of her properties not otherwise disposed of in the will.
Ana del Val Chan, claiming to be an adopted child of Francisca Mortera, a deceased sister of the testatrix, as well as an acknowledged natural child of Jose Mortera, a deceased brother of the same testatrix, filed on September 2, 1955 an opposition to the probate of the will alleging the following grounds: (1) said will was not executed as required by law; (2) the testatrix was physically and mentally incapable to execute the will at the time of its execution; and (3) the will was executed under duress, threat or influence of fear.
Vicente B. Teotico filed a motion to dismiss the opposition alleging that the oppositor, Ana del Val, had no legal personality to intervene. The probate court, after due hearing, allowed the oppositor to intervene as an adopted child of Francisco Mortera, and on June 17, 1959, the oppositor amended her opposition by alleging the additional ground that the will is inoperative as to the share of Dr. Rene Teotico because the latter was the physician who took care of the testatrix during her last illness.
After the parties had presented their evidence, the probate court rendered its decision on November 10, 1960 admitting the will to probate but declaring the disposition made in favor of Dr. Rene Teotico void with the statement that the portion to be vacated by the annulment should pass to the testatrix's heirs by way of intestate succession.
Petitioner Teotico, together with the universal heir Josefina Mortera, filed a motion for reconsideration of that part of the decision which declares the portion of the estate to be vacated by the nullity of the legacy made to Dr. Rene Teotico as passing to the legal heirs, while the oppositor filed also a motion for reconsideration of the portion of the judgment which decrees the probate of the will. On his part, Dr. Rene Teotico requested leave to intervene and to file a motion for reconsideration with regard to that portion of the decision which nullified the legacy made in his favor.
The motions for reconsideration above adverted to having been denied, both petitioner and oppositor appealed from the decision, the former from that portion which nullifies the legacy in favor of Dr. Rene Teotico and declares the vacated portion as subject of succession in favor of the legal heirs, and the latter from that portion which admits the will to probate. And in this instance both petitioner and oppositor assign several error which, stripped of non-essentials, may be boiled down to the following: (1) Has oppositor Ana del Val Chan the right to intervene in this proceeding?; (2) Has the will in question been duly admitted to probate?; and (3) Did the probate court commit an error in passing on the intrinsic validity of the provisions of the will and in determining who should inherit the portion to be vacated by the nullification of the legacy made in favor of Dr. Rene Teotico?

Issue:
                Whether or not the oppositor Ana del Val Chan, the adopted child of the testatrix’s sister, has the right to intervene in this proceeding?

Held:
                No. Under the terms of the will, oppositor has no right to intervene because she has no interest in the estate either as heir, executor, or administrator, nor does she have any claim to any property affected by the will, because it nowhere appears therein any provision designating her as heir, legatee or devisee of any portion of the estate. She has also no interest in the will either as administratrix or executrix. Neither has she any claim against any portion of the estate because she is not a co-owner thereof, and while she previously had an interest in the Calvo building located in Escolta, she had already disposed of it long before the execution of the will. The Supreme Court held that 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.

Ratio:
                The oppositor cannot also derive comfort from the fact that she is an adopted child of Francisca Mortera because under our law the relationship established by adoption is limited solely to the adopter and the adopted does not extend to the relatives of the adopting parents or of the adopted child except only as expressly provided for by law. Hence, no relationship is created between the adopted and the collaterals of the adopting parents. As a consequence, the adopted is an heir of the adopter but not of the relatives of the adopter. It thus appears that the oppositor has no right to intervene either as testamentary or as legal heir in this probate proceeding contrary to the ruling of the court a quo.

People vs. Leachon

 People vs. Leachon

Facts:
On August 7, 1990, pursuant to the Resolution of the Municipal Trial Court of San Jose, Occidental Mindoro, the Provincial Prosecutor of Occidental Mindoro filed two separate informations for violation of P.D. 772, otherwise known as the Anti-Squatting Law, against Noli Hablo, Edmundo Mapindan and Diego Escala, docketed as Criminal Case Nos. R-2877 and R-2828, before the Regional Trial Court of Occidental Mindoro presided over by respondent judge. The cases proceeded to trial. After presenting its evidence, the prosecution rested the cases, sending in a written offer of evidence on November 14, 1991. On August 18, 1992, almost a year after the prosecution had rested, the respondent Judge issued an Order dismissing the said cases motu proprio on the ground of "lack of jurisdiction." From the aforesaid order of dismissal, petitioners appealed to this Court via a Petition for Certiorari, Prohibition and Mandamus, which was referred to the Court of Appeals for proper disposition. On December 24, 1992, the 12th Division of the Court of Appeals came out with a decision reversing the appealed Order of dismissal, ordering continuation of trial of subject criminal cases, and disposing, thus: "IN VIEW OF ALL THE FOREGOING considerations, the petition is given due course and the orders of respondent judge dated August 19, 1992 and September 1, 1992 are set aside and declared null and void. Respondent judge is hereby directed to proceed with the hearing of the case, i.e., with the presentation of evidence by the accused, then the rebuttal or surrebuttal evidence, if necessary and thereafter, to decide the case on the basis of the evidence adduced. No pronouncement as to costs. SO ORDERED." On January 19, 1993, instead of conducting the trial, as directed by the Court of Appeals, the respondent judge dismissed the cases motu proprio, once more, opining that P.D. 772 is rendered obsolete and deemed repealed by Sections 9 and 10, Article XIII of the 1987 Constitution, which provide that "urban or rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with law and in a just and humane manner." Petitioners' Motion for Reconsideration interposed on January 29, 1993, having been denied by the respondent Judge on February 4, 1993, petitioners found their way to this court via the instant petition.

Issue:

Whether or not the respondent judge acted with grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing subject criminal cases for violation of the Anti-Squatting Law, and in declaring the said law as repugnant to the provisions of the 1987 Constitution. (Misconstruing the provisions of Anti-squatting law)

Held:
No. The Court holds that the respondent judge did not err in so construing the aforecited constitutional provision. Under Sec. 10, Art. XIII of the 1987 Constitution, what makes the eviction and demolition of urban or rural poor dwellers illegal or unlawful is when the same are not done in accordance with law and in a just and humane manner. The constitutional requirement that the eviction and demolition be in accordance with law and conducted in a just and humane manner does not mean that the validity of legality of the demolition or eviction is hinged on the existence of a resettlement area designated or earmarked by the government. What is meant by "in accordance with law" and "just and humane manner" is that the person to be evicted be accorded due process or an opportunity to controvert the allegation that his or her occupation or possession of the property involved is unlawful or against the will of the landowner; that should the illegal or unlawful occupation be proven, the occupant be sufficiently notified before actual eviction or demolition is done; and that there be no loss of lives, physical injuries or unnecessary loss of or damage to properties. Precisely, the enactment of an anti-squatting law affords the alleged "squatters" the opportunity to present their case before a competent court where their rights will be amply protected and due process strictly observed. By filing the proper informations in court, complainants have complied with the first requirement of due process, that is, the opportunity for the accused to be heard and present evidence to show that his or her occupation or possession of the property is not against the will or without the consent of the landowner and is not tainted by the use of force, intimidation, threat or by the taking advantage of the absence of or tolerance by the landowners