Constantino C. Acain v. Hon. Intermediate Appellate Court (Third Special Cases Division)

Summary

This case involves the probate of Nemesio Acain's will, which instituted his deceased brother's children as universal heirs but omitted his legally adopted daughter Virginia Fernandez and widow Rosa Diongson. The Supreme Court affirmed the Court of Appeals' dismissal of the probate petition, ruling that Virginia's complete omission from the will constituted preterition under Article 854 of the Civil Code. As a legally adopted child, Virginia was a compulsory heir in the direct line whose preterition annuls the entire institution of heirs, resulting in intestate succession. The universal institution being nullified, petitioner Constantino lacked legal standing to seek probate. The case establishes that probate courts may exceptionally rule on intrinsic validity when circumstances demand, and that certiorari is proper to prevent futile proceedings where dismissal grounds are indubitable.