2010 Remedial Law, Q14

Czarina died single. She left all her properties by will to her friend Duqueza. In the will, Czarina stated that she did not recognize Marco as an adopted son because of his disrespectful conduct towards her.
Duqueza soon instituted an action for probate of Czarina’s will. Marco, on the other hand, instituted intestate proceedings. Both actions were consolidated before the RTC of Pasig. On motion of Marco, Duqueza’s petition was ordered dismissed on the ground that the will is void for depriving him of his legitime. Argue for Duqueza. (5%)

Quick check

What is the primary scope of jurisdiction of a probate court during proceedings for the allowance of a will?

Which of the following issues pertains to the intrinsic validity of a will?

May a trial court dismiss a petition for probate on the ground that the will deprives a compulsory heir of his legitime?

What is the legal effect of express disinheritance stated in a will for disrespectful conduct?

Choices available with full access.

When may a court examine the intrinsic validity or substantive provisions of a last will?

Choices available with full access.

Unlock the full Remedial Law answers

Learn more about these topics

1. Probate Court Jurisdiction
Under Rule 75 and Rule 76 of the Rules of Court, the jurisdiction of a probate court in allowance of a will is strictly limited to determining extrinsic validity. Extrinsic validity focuses exclusively on whether the testator had testamentary capacity, whether the will was executed in accordance with statutory formalities, and whether it was executed freely without force, duress, or undue influence. The probate court cannot pass upon the intrinsic validity of testamentary dispositions prior to the formal allowance of the will.

2. Extrinsic vs Intrinsic
Extrinsic validity concerns the formal execution and solemnities required by law for a valid will, whereas intrinsic validity involves the legality of the substantive provisions, such as claims of preterition, disinheritance, or impairment of legitime. Questions touching upon intrinsic validity do not affect the probate of a will and cannot be raised as a ground for dismissing a probate petition prior to the examination of due execution. Intrinsic questions are properly adjudicated only after the will is admitted to probate.

3. Disinheritance and Preterition
Preterition is the total omission of a compulsory heir in the direct line from the inheritance, which annuls the institution of heir under the Civil Code. In contrast, express disinheritance based on a stated legal cause, such as disrespectful conduct or mistreatment, is a matter of intrinsic validity governed by rules on disinheritance. Whether a disinheritance is lawful or invalid cannot be used to abort probate proceedings, because the court must first determine whether the instrument itself is the genuine last will.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026