RODRIGUEZ vs. BORJA

 RODRIGUEZ vs. BORJA

17 SCRA 41

FACTS:

In this case, there were 2 proceedings.  First was an intestate proceeding instituted meaning, a proceeding to settle the estate of a deceased person who died without a will. But subsequently, a will was found and again another proceeding was instituted, this time, testate proceeding wherein the estate of the deceased person is settled if that person has left a will.  We are confronted here of 2 proceedings, one was instituted ahead of the other. 

ISSUE:

Which proceeding should be preferred? 

RULING: 

As long as there is a will, even if that will is found later and even if the proceeding for the settlement of the estate of a person with a will is filed later, that should be preferred.  The will should be probated.  The will should be given effect as much as possible in order to give effect to the wishes of the testator.  The wishes of the testator must be given such preference first.  Probate of the will is needed in order to determine whether or not the will was indeed valid, whether or not the will was executed in observance with the formalities required by law and whether or not the testator executed it with a sound mind. 

If later on in the probate proceeding, the will is found not to have validly executed, then you go to intestate proceeding.  But first you go to testate.