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Dacanay V Florendo

The Supreme Court affirmed the trial court's decision to dismiss the petition to probate a joint and reciprocal will executed by spouses. Article 669 of the Civil Code prohibits two or more persons from making a will jointly or for their reciprocal benefit. While the surviving spouse sought to probate the joint will after the death of his wife, Article 669 was found to still be valid and controlling, barring the probate of such a joint will.

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95 views1 page

Dacanay V Florendo

The Supreme Court affirmed the trial court's decision to dismiss the petition to probate a joint and reciprocal will executed by spouses. Article 669 of the Civil Code prohibits two or more persons from making a will jointly or for their reciprocal benefit. While the surviving spouse sought to probate the joint will after the death of his wife, Article 669 was found to still be valid and controlling, barring the probate of such a joint will.

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Jim
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11. Dacanay vs.

Florendo
G.R. No. L-2071. September 19, 1950.

“Article 669 of the Civil Code which prohibits the execution of a joint will for the reciprocal benefit
of the testators or for the benefit of a third person is valid and controlling.”

Facts:
A joint and reciprocal will was executed by the spouses Isabel Florendo and Tirso
Dacanay. Upon Isabel’s death, her surviving spouse, Tirso, sought to probate said joint and
reciprocal will in the CFI of La Union. The relatives of the deceased Isabel opposed the probate of
said will on various statutory grounds, among which, Article 669 of the Civil Code which provides
“Two or more persons cannot make a will conjointly or in the same instrument, either for their
reciprocal benefit or for the benefit of a third person.”
The trial court dismissed the petition for probate on the ground that said will is null and
void ab initio, having been executed in violation of Article 669 of the Civil Code. Hence, this appeal.

Issue: WON the joint and reciprocal will may be probated in view of Article 669 of the Civil Code.

Held: NO.
The provision of Article 669 of the Civil Code prohibiting the execution of a will by two or
more persons conjointly or in the same instrument either for their reciprocal benefit or for the
benefit of a third person, is wise and is in accordance with public policy.
Considering the wisdom of the provision of Article 669 and the fact that it has not been
repealed, at least not expressly, as well as the consideration that its provisions are not
incompatible with those of the Code of Civil Procedure on the subject of wills, it is believed that
said article of the Civil Code is still in force. (Doctrine of In re Will of Bilbao, G.R. No. L-2200, August
2, 1950)
JUDGMENT AFFIRMED.

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