1. Pecson V. Mediavillo, Digest Orig.pdf

PETITIONER: RESPONDENT:

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FILOMENA PECSON ROSARIO MEDIAVILLA

FACTS last will and testament of Florencio Pecson was presented to the Court of First Instance of the Province of Albay for probate Mr. Tomas Lorayes, an attorney at law, opposed the legalization of the will on the ground that it had not been authorized nor signed by the deceased, in accordance with the provisions of the Code of Civil Procedure. Honorable Percy M. Moir, judge, found that the will had been signed and executed in accordance with the provisions of law, and denied the opposition on the 17th day of September, 1910. From the evidence it appears that the deceased had eight children by his wife Nicolasa Manjares, likewise deceased which children are those named Emerenciano, Teresa, Filomena, Asuncion, Rufino, Zoila, Emiliano, and Perfecto, all surnamed Pecson. It also appears from the evidence that Teresa Pecson married Basiliso Mediavillo, by whom she had two children, Joaquin and Rosario Mediavillo. Rosario is the only living daughter of Teresa and the latter's husband, Basiliso Mediavillo, is also living. The evidence shows that this girl Rosario became insane in 1895, it has been proved that it was previous to this date that she disobeyed her grandfather and raised her hand against him, and, as the testator states in the third paragraph of his will, he disinherited her.

PETITIONER’S CONTENTION

RESPONDENT’S CONTENTION Rosario Mediavillo is and Joaquin Mediavillo was a legitimate child of the deceased Teresa Pecson, who also was a daughter of the testator, Florencio Pecson. Therefore, she was a grandchild of the testator. She alleged that she was disinherited by her grandfather, the testator Florencio Pecson, according to clause 3 of the will, because she failed to show him due respect and on a certain occasion raised her hand against him. The defendant, Rosario Mediavillo, in the motion which she presented and which is copied above, alleges that she was disinherited without cause. ISSUE/S Whether Rosario disinherit by Florencio Pecson. – YES! REGIONAL TRIAL COURT The lower court found that she had been disinherited without cause and annulled said paragraph 3 of the will. COURT OF APPEALS







DOCTRINE

SUPREME COURT The evidence shows that this girl Rosario became insane in 1895, when she went to Nueva Caceres to study in college, and it has been proved that it was previous to this date that she disobeyed her grandfather and raised her hand against him, and, as the testator states in the third paragraph of his will, he disinherited her. This court understands that this Rosario, who was then 14 years of age, and who shortly afterwards became insane, was not responsible for her acts and should not have been disinherited by her grandfather. Article 849 of the Civil Code provides that the disinheritance can only be effected by the testament, in which shall be mentioned the legal grounds or causes for such disinheritance. It remains, however, to be seen whether the evidence adduced during the trial of the present cause was sufficient to show that the disinheritance made in paragraph 3 of the will was made for just cause. It appears from the record that when Rosario Mediavillo was about 14 years of age, she had received some attentions from a young man — that she had received a letter from him — and that her grandfather, Florencio Pecson, took occasion to talk to her about the relations between her and the said young man; that it was upon that occasion when, it is alleged, the disobedience and disrespect were shown to her grandfather, and that was the cause for her disinheritance by her grandfather. The record shows that very soon after said event she lost the use of her mental powers and that she has never regained them, except for very brief periods, up to the present time. The lower court, taking into consideration her tender years, and the fact that she very soon thereafter lost the use of her mental faculties, reached the conclusion that she was probably not responsible for the disrespect and disobedience shown to her grandfather in the year 1894 or 1895. we are inclined to believe that the same supports the conclusions of the lower court and that he did not commit the error complained of in the first assignment of error.

With reference to the second assignment of error, it will be remembered that Teresa Pecson, the mother of Rosario Mediavillo, at the time of her death left two children, Rosario and Joaquin, and her husband Basiliso Mediavillo, and that the said Joaquin Mediavillo died without heirs. The lower court gave one-half of the inheritance of the said Teresa Pecson to Rosario Mediavillo and the share that would have gone to Joaquin Mediavillo, to his father Basiliso Mediavillo. In that conclusion of the lower court we think error was committed. The appellant relies upon the provisions of article 925 of the Civil Code, in his contention that the lower court committed an error. Article 925 provides that: "The right of representation shall always take place in the direct descending line, but never in the ascending In collateral lines, it shall take place only in favor of the children of brothers or sisters, whether they be of the whole or half blood."