GR L 2200; (August, 1950) (Digest)
G.R. No. L-2200; August 2, 1950
In re Will of Victor Bilbao. RAMON N. BILBAO, petitioner-appellant, vs. DALMACIO BILBAO, CLEOFAS BILBAO, EUSEBIA BILBAO, CATALINA BILBAO, FILEMON ABRINGE and FRANCISCO ACADEMIA, oppositors-appellees.
FACTS
Victor S. Bilbao died on July 13, 1943. His widow, Ramona M. Navarro, filed a petition for the probate of his last will and testament, executed on October 6, 1931. The will was a single instrument jointly executed by Victor Bilbao and his wife Ramona. It contained reciprocal provisions, directing that all properties of both spouses, whether private, conjugal, or otherwise, be given to the surviving spouse. The oppositors, including a near relative, contested the probate, arguing that a will executed conjointly by husband and wife for their reciprocal benefit was invalid under Article 669 of the Civil Code and was not executed as required by law. The trial court denied the petition for probate, finding the will to be a prohibited joint and reciprocal will.
ISSUE
Whether a joint and reciprocal will executed by husband and wife is valid under Philippine law, or whether Article 669 of the Civil Code, which prohibits such wills, remains in force and was not repealed by the provisions on wills in the Code of Civil Procedure ( Act No. 190 ).
RULING
The Supreme Court affirmed the trial court’s decision, denying probate to the will. It held that Article 669 of the Civil Code, which provides that “[t]wo or more persons cannot make a will conjointly or in the same instrument, either for their reciprocal benefit or for the benefit of a third person,” remains in force and was not repealed by the Code of Civil Procedure. The Court ruled that the provisions of the Code of Civil Procedure on wills did not completely supersede or repeal the Civil Code provisions on the same subject, as evidenced by previous cases applying Civil Code articles alongside the Code of Civil Procedure. The Court found the prohibition in Article 669 wise and not against public policy, as it prevents potential undue influence or temptation arising from reciprocal benefits in a single instrument. The Court noted that this article was reproduced verbatim in Article 818 of the New Civil Code ( Republic Act No. 386 ), indicating its continued validity. Therefore, the joint and reciprocal will executed by Victor Bilbao and his wife was invalid and could not be admitted to probate.
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