7/28/2019 De La Cerna vs Potot

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De la Cerna vs. Potot

Facts:The spouses Bernabe Dela Serna and Gervasia Rebaca executed a joint will whereby 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 submitted to probate by Gervasia before the CFI of Cebu in 1939.

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

The CFI held the petition (Bernabe probate) to be null and void as it is contrary to law. While theCourt 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 for being contrary to the prohibition of joint wills.

Ruling: The Supreme Court affirmed the CA decision and held that once a decree of probate becomesfinal in accordance with the rules of procedure, it is res judicata. The final decree of probate entered in1939 in the CFI of Cebu is conclusive as to the last will of Bernabe despite the fact that even then theCivil Code already decreed the invalidity of joint wills. (There was an error on the court but the decree hasnow become final.)

The probate court committed an error of law which should have been corrected on appeals but which didnot affect the jurisdiction of the probate court, nor the conclusive effect of its final decision. A decisionwhich is binding upon the whole world.

Nevertheless, the probate in 1939 only affected the share of Bernabe and could not include thedisposition 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.