FIRST DIVISION
[G.R. No. 240142. August 13, 2018.]
VICTORIA U. MIRANDA AND CATHERINE U. ANTONIO, petitioners, vs.TERESITA S. CUETO AND ERLINDA S. MAGAT, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 13, 2018which reads as follows: HTcADC
"G.R. No. 240142 (Victoria U. Miranda and Catherine U. Antonio v. Teresita S. Cueto and Erlinda S. Magat). — After review, the Court resolves to DENY the petition and AFFIRM the Decision and Resolution of the Court of Appeals (CA), dated March 15, 2018 and June 11, 2018, respectively, in CA-G.R. CV No. 109137 for failure to sufficiently show that the CA committed any reversible error in affirming the Order of the Regional Trial Court (RTC), Branch 3, Balanga City, Bataan in Special Proceeding No. 7523.
As correctly held by the CA, the motion for intervention of petitioners was manifestly filed too late and, thus, merited denial. We likewise see no compelling reason to overturn the appellate court's finding that the appeal filed by petitioners before it was also filed out of time.
With regard to the other arguments of petitioners, which essentially question the alleged premature ruling of the RTC on the intrinsic validity of the will, the same deserve scant consideration. Suffice it to state, the rule on probate is not inflexible and absolute. While it is true that the general rule is that courts in probate proceedings are limited to pass only upon the extrinsic validity of the will sought to be probated, probate courts are not precluded from passing on the intrinsic validity of a will because of "practical considerations." These considerations could, in fact, be as significant as concerning the preterition of heirs or that the testamentary provisions are of doubtful legality. Here, we see no fatal harm on the part of the RTC and the CA to rule in passing on the intrinsic validity of the will, most especially because it is an undisputable fact that the testator died without any issue.
WHEREFORE, the petition is DENIED. The Decision and Resolution of the Court of Appeals, dated March 15, 2018 and June 11, 2018, respectively, in CA-G.R. CV No. 109137 are AFFIRMED.
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. aScITE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court