Dela Cerna v. Potot Digest

Dela Cerna v. Potot Digest

Facts:

1. The spouses Bernabe Dela Serna and Gerasisa Rebabca executed a joint will where they gave two (2) parcels of land to manuela Rebaca, a niece, as they didn't have their own child. When Bernabe died, the said will was probated in 1939.

2. Another petition for probate of the same will insofar as Gervasia was concerned was filed in 1952 but due to the failure of the petitioner (Manuela) to appears, the same was dismissed in 1954. 

3. The CFI held the petition (Bernabe probate) to be null and void as it is contrary to law. While the Court of Appeals reversed and held that the decree of probate in 1939 was issued by a court of probate jurisdiction and conclusive as to the due execution of the will. Hence this appeal.

Issue: Whether or not the will is valid

RULING: The Supreme Court affirmed the CA decision and held that Once a decree of probate becomes final in accordance with the rules of procedure, it is res judicata. THe final decree of probate entered in 1939 in the CFI of Cebu is conclusive as to the last will of Bernabe despite the fact that even then the Civil Code already decreed the invalidity of joint wills. (There was an error on the court but the decree has now become final.)

The probate court committed an error of law which should have been corrected on appeals but which did not affect the jurisdiction of the probate court, nor the conclusive effect of its final decision. A decision which is binding upon the whole world.

Nevertheless, the probate in 1939 only affected the share of Bernabe and could not include the disposition of the share of his wife which was still alive then, her properties were still not within the jurisdiction of the court. Hence, the validity of the will with respect to her, must be on her death, be re-examined and adjudicated de novo -- since a joint will is considered a separate will of each testator.