Guevara v.

Guevara Digest

Facts:
1. Victorino Guevara executed a will in 1931 wherein he made various bequests t his
wife, stepchildren, wife in the 2nd marriage. He has a legitimate son Ernesto and a
natural daughter Rosario. Therein, he acknowledged Rosario as his natural daughter.

2. In 1933, Victorino died but his last will was never presented for probate nor was
there any settlement proceeding initiated. It appeared that only his son Ernest
possessed the land which he adjudicated to himself. While Rosario who had the will
in her custody, did nothing to invoke the acknowledgment, as well as the devise
given to her.

3. Subsequently, Rosario filed an action for the recovery of her legitime from
Ernesto, a portion of a large parcel of land invoking the acknowledgment contained
in the will and based on the assumption that the decedent died intestate because
his will was not probated. She alleged that the disposition in favor of Ernesto should
be disregarded.

4. The lower court and the Court of Appeals sustained Rosario's theory.

Issue: Whether or not the probate of a will can be dispensed with

RULING: No. Rosario's contention violates procedural law and considered an attempt
to circumvent the last will and testament of the decedent. The presentation of a
will to the court for probate is mandatory and its allowance is essential
and indispensable to its efficacy.

Suppression of the wil is contrary to law and public policy for without
probate, the right of a person to dispose of his property by will may be
rendered nugatory.