Teotico vs Del Val

GR No. L18753, March 26, 1965

FACTS: Maria Mortera died, she left properties worth P600,000. A

will was executed before her death written in Spanish; she signed
the will and was notarized by an attorney. Among the legacies
made in the will was the P20,000 for Rene Teotico who was
married to the testatrixs niece, Josefina Mortera. The usufruct of
Marias interest in the Calvo Building were left to the said spouses
and the ownership thereof was left in equal parts to her
grandchildren, the legitimate children of said spouses. Josefina
was likewise instituted, as sole and universal heir to all the
remainder of her properties not otherwise disposed by will.
Vicente Teotico filed a petition for the probate of the will,
however, it was opposed by Ana del Val Chan, stating that she
was an adopted child of Francisca (deceased sister of Maria) and
an acknowledged natural child of Jose (deceased brother of
Maria), that said will was not executed as required by law and that
Maria as physically and mentally incapable to execute the will at
the time of its execution and was executed under duress, threat,
or influence of fear.

ISSUE: Whether or not defendant has right to intervene in this

proceeding.

HELD: The court held that it is a well-settled rule that in order that
a person may be allowed to intervene in a probate proceeding is
that he must have an interest in the estate, will or in the property
to be affected by either as executor or as a claimant of the estate

and be benefited by such as an heir or one who has a claim

against it as creditor.
Under the terms of the will, defendant has no right to intervene
because she has no such interest in the estate either as heir,
executor or administrator because it did not appear therein any
provision designating her as heir/ legatee in any portion of the
estate. She could have acquired such right if she was a legal heir
of the deceased but she is not under the CIVIL CODE. Even if her
claims were factual, the law does not give her any right to
succeed the estate of the deceased sister of both Jose and
Francisca because being an illegitimate child she is barred by law
from succeeding to the legitimate relatives of her natural father
and that relationship established by adoption is incomplete solely
to the adopter and adopted and does not extend to the relatives
of the adopting parents except only as expressly provided by law.
As a consequence, she is an heir of the adopter but not of the
relatives of the adopter.

WHEREFORE, with the exception of that portion of the decision

which declares that the will in question has been duly executed
and admitted the same to probate, the rest of the decision is
hereby set aside. This case is ordered remanded to the court a
quo for further proceedings. No pronouncement as to costs.