Cayetano vs.

Leonidas

G.R. No. L-54919, May 30, 1984

o GENERAL RULE: Limited jurisdiction of the probate court

o EXCEPTION: Where practical considerations demand that the intrinsic validity of the will be passed
upon, even before it is probated, the court should meet the issues.

FACTS:

Adoracion C. Campos died, leaving Hermogenes Campos (father) and her sisters, Nenita
Paguia, Remedios Lopez, and Marieta Medina as the surviving heirs. As the only compulsory
heir is Hermogenes, he executed an Affidavit of Adjudication, adjudicating unto himself the
entire estate of Adoracion.

Later that same year, Nenita filed a petition for reprobate of a will, alleging among others that
Adoracion was an American citizen and that the will was executed in teh US. Adoracion died in
Manila while temporarily residing in Malate.

While this case was still pending, Hermogenes died and left a will, appointing Polly Cayetano as
the executrix. Hence, this case.

ISSUEs:

o Whether or not the will was valid

o Whether or not the court has jurisdiction over probate proceedings

HELD:

As a general rule, the probate court's authority is limited only to the extrinsic validity of the will,
the due execution thereof, the testatrix's testamentary capacity and the compliance with the
requisites or solemnities prescribed by law. The intrinsic validity normally comes only after the
court has declared that the will has been duly authenticated. However, where practical
considerations demand that the intrinsic validity of the will be passed upon, even before it is
probated, the court should meet the issues.

In this case, it was sufficiently established that Adoracion was an American citizen and the law
which governs her will is the law of Pennsylvania, USA, which is the national law of the
decedent.

It is a settled rule that as regards the intrinsic validity of the provisions of the will, the national
law of the decedent must apply.

As to the issue of jurisdiction --

The settlement of estate of Adoracion Campos was correctly filed with the CFI of Manila where
she had an estate since it was alleged and proven that Adoracion at the time of her death was a
citizen and permanent resident of Pennsylvania, USA and not a usual resident of Cavite.

Moreover, petitioner is now estopped from questioning the jurisdiction of the probate court in the
petition for relief. It is a settled rule that a party cannot invoke the jurisdiction of a court to secure
affirmative relief, against his opponent and after failing to obtain such relief, repudiate or
question that same jurisdiction.

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