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Grounds for Will Disallowance Case

The document summarizes a case from the Supreme Court of the Philippines regarding the grounds to disallow a will. [1] Carlos Palanca died leaving a large estate and three sets of heirs from three different relationships. [2] His will designated Roman Ozaeta as executor, who petitioned for probate. [3] Maria Cuartero and her children opposed the will, alleging it was obtained through undue influence. However, the Supreme Court ruled there was no evidence the will was obtained through undue influence, as mere conjecture is not enough.

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526 views1 page

Grounds for Will Disallowance Case

The document summarizes a case from the Supreme Court of the Philippines regarding the grounds to disallow a will. [1] Carlos Palanca died leaving a large estate and three sets of heirs from three different relationships. [2] His will designated Roman Ozaeta as executor, who petitioned for probate. [3] Maria Cuartero and her children opposed the will, alleging it was obtained through undue influence. However, the Supreme Court ruled there was no evidence the will was obtained through undue influence, as mere conjecture is not enough.

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Alexis Von Te
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69. Roman Ozaeta vs.

Cuartero (Grounds for disallowance of a will) 99 SCRA 1041

Facts: On September 2 1950, Carlos Palanca (Taguinlay) Born in China of Chinese parents, Palanca, died a
Filipino citizen. Tanguinlay died leaving a large estate and 3 sets of heirs. In 1884 he married Cesarea Gano,
with whom he begot 3 children. Cesarea died in 1907, and 1 year thereafter, lived unmarried with Rosa
Gonzales and came to have 8 children. While living with Rosa, Palanca also sustained a relation with Maria
Cuartero, and with her he came to have 6 children.

Realizing in his old age and failing health that life’s end was fast approaching, he married Rosa Gonzales then
later on made a will.

Designated in the will as substitute executor, Roman Ozoeta, on September 20, 1950, filed a petition in the CFI
of Manila asking for the probate of the will, for issuance of letters of administration and for his appointment
as special administrator pending probate. Cuartero and her 6 children filed their opposition, alleging that the
will was not executed in accordance with law, that it was procured by fraud and undue pressure and influence
on the part of some of the beneficiaries or some other person for their benefit, and that the decedent’s
signature thereon were procured through fraud and trickery, the same having been affixed by him without any
intention of making the document his will.

Issue: Whether or not the will was obtained thru undue influence and improper pressure

Ruling: No. The contention of the petitioner that the will was obtained by undue influence or improper
pressure exerted by the beneficiaries of the will cannot be sustained on mere conjecture or suspicion; as it is
not enough that there was opportunity to exercise undue influence or a possibility that it may have been
exercised. There must be substantial evidence that it was actually exercised.

NOTE: Under Rule 76 of the Rules of Court:

Sec. 9. Grounds for disallowing will. – The will shall be disallowed in any of the following cases:

(a) If not executed and attested as required by law;

(b) If the testator was insane, or otherwise mentally incapable to make a will, at the time of its execution;

(c) If it was executed under duress, or the influence of fear, or threats;

(d) If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of
some other person for his benefit;

(e) If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument
should be his will at the time of fixing his signature thereto.

Sec. 10. Contestant to file grounds of contest. – Anyone appearing to contest the will must state in writing his
grounds for opposing its allowance, and serve a copy thereof on the petitioner and other parties interested in
the estate.

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