Octavio Maloles II vs. Court of Appeals
G.R. No. 133359, January 31, 2000
FACTS:
On July 20, 1995, Dr. Arturo de Santos, Filipino and a resident of Makati City, filed a petition for probate of his will 1 in the Regional Trial Court. He alleged that he had no compulsory heirs; that he had named in his will as sole legatee and devisee the Arturo de Santos Foundation, Inc.; that he disposed by his will his properties with an approximate value of not less than P2,000,000.00; and that copies of said will were in the custody of the named executrix, private respondent Pacita de los Reyes Phillips.
Petitioner Octavio S. Maloles II filed a motion for intervention claiming that, as the only child of Alicia de Santos (testator’s sister) and Octavio L. Maloles, Sr., he was the sole full-blooded nephew and nearest of kin of Dr. De Santos. He likewise alleged that he was a creditor of the testator. Petitioner thus prayed for the reconsideration of the order allowing the will and the issuance of letters of administration in his name.
ISSUE:
Whether or not the petitioner, being a creditor of the late Dr. Arturo de Santos, has a right to intervene and oppose the petition for issuance of letters testamentary filed by the respondent
RULING:
No. The petitioner in this case avers that, as the nearest next of kin and creditor of the testator, his interest in the matter is material and direct. Even if petitioner is the nearest next of kin of Dr. De Santos, he cannot be considered an “heir” of the testator. It is a fundamental rule of testamentary succession that one who has no compulsory or forced heirs may dispose of his entire estate by will. Thus, Article 842 of the Civil Code provides:
“One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed.”
“One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitimate of said heirs.”
Compulsory heirs are limited to the testator’s —
- Legitimate children and descendants, with respect to their legitimate parents and ascendants;
- In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
- The widow or widower;
- Acknowledged natural children, and natural children by legal fiction;
- Other illegitimate children referred to in Article 287 of the Civil Code.
Petitioner, as nephew of the testator, is not a compulsory heir who may have been preterited in the testator’s will. Nor does he have any right to intervene in the settlement proceedings based on his allegation that he is a creditor of the deceased. Since the testator instituted or named an executor in his will, it is incumbent upon the Court to respect the desires of the testator. Only if the appointed executor is incompetent, refuses the trust, or fails to give bond may the court appoint other persons to administer the estate. None of these circumstances is present in this case.
