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The error is not merely clerical. (just in case Ma’am asks for the dissenting opinion of
This is too much of a clerical error for it effects the Justice Tuason)
very essence of the clause. Alleged errors may be
overlooked or correct only in matters of form which TUAZON, J., dissenting:
do not affect the substance of the statement.
The will is valid.
A correction by inference cannot be made. 1. The attestation clause is truncated and
Section 618 of Act No. 190, before it was amended, meaningless. With the inclusion of the omitted
contained the following: phrase, the clause should read thus:
…But the absence of such form of attestation shall
not render the will invalid if it proven that the will “We, the undersigned all adults, certify that the will
was in fact signed and attested as in this section that precedes written in the Spanish language known
provided. to the testator, composed of useful paginated with
attestation clause paginated consecutively in letters
However, Act No. 2645, besides increasing the and numbers at the top of the box as well as all the
contents of the attestation clause, entirely leaves thereof (has been signed by the testator) in
suppressed the above-quoted provision. This would our presence and that each of us have witnessed and
show that the purpose of the amending act was to signed the document and all pages of the same
surround the execution of a will with greater presence of the testator and in each of us.”
guarantees and solemnities.
2. It is obvious that the missing phrase was
The testator cannot certify his own signature. inadvertently left out. The probabilities of error in
It is contended that the deficiency in the attestation the copy are enhanced by the fact that the form of
clause is cured by the last paragraph of the body of the will was not in controversy. The form of the will
the alleged will. being immaterial, it is easily conceivable that little or
on care was employed in the copying thereof in the
It is evident that one cannot certify his own pleading or record on appeal above mentioned. The
signature, for it does not increase the evidence of its absence of the signature of the testator on the first
authenticity. It would be like lifting one's self by his page of the copy is an additional proof that little or
own bootstraps. Consequently, the last paragraph of on pain was taken to insure accuracy in the
the will cannot cure in any way the fatal defect of transcription.
the attestation clause of the witnesses.
3. Read in the light of these circumstances — that
The rules of statutory construction are applicable to the testator signed the will in the presence of the
wills, but only to the body and not the attestation attesting witnesses — so important an omission as
clause. to make the sentence senseless — granting such
omission existed in the original document-could not
While rules of statutory construction apply to have been intentional or due to ignorance. The most
documents and wills, said rules apply to the body of that can be said is that the flaw was due to a clerical
the will containing the testamentary provisions, but mistake, inadvertance, or oversight.
not to the attestation clause, which must be so clear
that it should not require any construction.
2
53. RABADILLA VS. CA AND MARLENA shall have also the obligation to respect and deliver
COSCOLUELLA Y BELLEZA yearly ONE HUNDRED (100) piculs of sugar to Maria
GR No. 113725 Marlina Coscolluela y Belleza, on each month of
Date: June 29, 2000 December, SEVENTY FIVE (75) piculs of Export and
Ponente: Purisima TWENTY FIVE (25) piculs of Domestic, until Maria
Digest Author: MGUY Marlina shall die, lastly should the buyer, lessee or
the mortgagee of this lot, not have respected my
Topic in the Syllabus: command in this my addition (Codicil), Maria
Wills - Defined in Art. 783 Marlina Coscolluela y Belleza, shall immediately seize
this Lot No. 1392 from my heir and the latter's heirs,
Relevant Law: and shall turn it over to my near desendants, and the
Art. 783 [desendants] shall then have the obligation to give
the ONE HUNDRED (100) piculs of sugar until Maria
Doctrine: In the interpretation of Wills, when an Marlina shall die.
uncertainty arises on the face of the Will, as to the
application of any of its provisions, the testator's I further command in this my addition (Codicil) that
intention is to be ascertained from the words of the my heir and his heirs of this Lot No. 1392, that they
Will, taking into consideration the circumstances will obey and follow that should they decide to sell,
under which it was made. lease, mortgage, they cannot negotiate with others
than my near descendants and my sister."
Testatrix: Aleja Belleza
Will: Parties:
"FIRST
Nature of the Case:
I give xxx the following property owned by me to Dr. Petition for review on certiorari assailing the
Jorge Rabadilla resident of 141 P. Villanueva, Pasay decision of the CA which set aside the decision of
City: RTC Bacolod.
(a) Lot No. 1392 of the Bacolod Cadastre, covered by
Transfer Certificate of Title No. RT-4002 (10942),xxx FACTS:
(b) That should Jorge Rabadilla die ahead of me, the
property and the rights which I shall set forth ● In a Codicil appended to the Last Will and
hereinbelow, shall be inherited and acknowledged Testament of testatrix Aleja Belleza, Dr. Jorge
by the children and spouse of Jorge Rabadilla. Rabadilla, predecessor-in-interest of the herein
Xxx petitioner, Johnny S. Rabadilla, was instituted as
a devisee of 511, 855 square meters of that
FOURTH parcel of land of the Bacolod Cadastre.
(a)....It is also my command, in this my addition ● The said Codicil, which was duly probated and
(Codicil), that should I die and Jorge Rabadilla shall admitted in Special Proceedings before the CFI
have already received the ownership of the said Lot, of Bacolod.
and also at the time that the lease of Balbinito G. ● Pursuant to the Codicil, the lot was transferred
Guanzon of the said lot shall expire, Jorge Rabadilla to herein Dr. Rabadilla.
shall have the obligation until he dies, every year to ● Dr. Rabailla died.
give to Marlina Coscolluela y Belleza, Seventy (75) ○ He was survived by his wife, herein
piculs of Export sugar and Twenty Five (25) piculs of petitioner Johnny Rabadilla, and three other
Domestic sugar, until the said Marlina Coscolluela y siblings.
Belleza dies. ● Respondent Conscoluella y Belleza brought a
complaint before the RTC in Bacolod against the
FIFTH heirs of Rabadilla to enforce the provisions of
(a) Should Jorge Rabadilla die, his heir xxx shall have the Codicil [Read above - under Will: Aleja]
the obligation to still give yearly, the sugar as ○ The complaint alleged that petitioner and
specified in the Fourth paragraph of his testament, other heirs violated the conditions of the
to Marlina Coscolluela y Belleza on the month of Codicil: by mortgaging it to PNB; failed to
December of each year. deliver piculs of sugard; banks failed to
provide piculs of sugar to herein private
SIXTH respondent.
I command, in this my addition (Codicil) that the Lot, ● The parties admitted that respondent Belleza
in the event that the one to whom I have left and and certain Allan Azurin arrived at an amicable
bequeathed, and his heir shall later sell, lease, settlement and entered into an Agreement on
mortgage this said Lot, the buyer, lessee, mortgagee, the obligation to deliver piculs of sugar.
3
○ Instead of delivering the said sugar, cash Substitution is the designation by the testator of a
will be given in a staggered basis. person or persons to take the place of the heir or
○ But this was not complied with. heirs first instituted.
● RTC dismissed the complaint: no cause of action Under substitutions in general, the testator may
against defendants - premature. either
● CA reversed this ordering the petitioner to (1) provide for the designation of another heir to
reconvey the said title in favor of private whom the property shall pass in case the original heir
respondent Belleza. should die before him/her, renounce the inheritance
or be incapacitated to inherit, as in a simple
ISSUES: substitution, or
Whether the private respondent had a legally (2) leave his/her property to one person with the
demandable right against the petitioner - YES express charge that it be transmitted subsequently to
another or others, as in a fideicommissary
RULING: substitution. The Codicil sued upon contemplates
neither of the two.
It is a general rule under the law on succession that
successional rights are transmitted from the The institution of an heir in the manner prescribed in
moment of death of the decedent[10] and Article 882 is what is known in the law of succession
compulsory heirs are called to succeed by operation as an institucion sub modo or a modal institution.
of law.
The petitioner, his mother and sisters, as compulsory In a modal institution, the testator states
heirs of the instituted heir, Dr. Jorge Rabadilla, (1) the object of the institution,
succeeded the latter by operation of law, without (2) the purpose or application of the property left by
need of further proceedings, and the successional the testator, or
rights were transmitted to them from the moment (3) the charge imposed by the testator upon the heir.
of death of the decedent, Dr. Jorge Rabadilla.
A "mode" imposes an obligation upon the heir or
Under Article 776 of the New Civil Code, legatee but it does not affect the efficacy of his rights
inheritance includes all the property, rights and to the succession.
obligations of a person, not extinguished by his
death. On the other hand, in a conditional testamentary
Conformably, whatever rights Dr. Jorge Rabadilla disposition, the condition must happen or be fulfilled
had by virtue of subject Codicil were transmitted to in order for the heir to be entitled to succeed the
his forced heirs, at the time of his death. testator. The condition suspends but does not
obligate; and the mode obligates but does not
And since obligations not extinguished by death also suspend. To some extent, it is similar to a resolutory
form part of the estate of the decedent; corollarily, condition.
the obligations imposed by the Codicil on the
deceased Dr. Jorge Rabadilla, were likewise From the provisions of the Codicil litigated upon, it
transmitted to his compulsory heirs upon his death. can be gleaned unerringly that the testatrix intended
that subject property be inherited by Dr. Jorge
Upon the death of Dr. Jorge Rabadilla, his Rabadilla.
compulsory heirs succeeded to his rights and title
over the said property, and they also assumed his It is likewise clearly worded that the testatrix
(decedent's) obligation to deliver the fruits of the lot imposed an obligation on the said instituted heir and
involved to herein private respondent. his successors-in-interest to deliver one hundred
piculs of sugar to the herein private respondent,
Such obligation of the instituted heir reciprocally Marlena Coscolluela Belleza, during the lifetime of
corresponds to the right of private respondent over the latter.
the usufruct, the fulfillment or performance of which
is now being demanded by the latter through the However, the testatrix did not make Dr. Jorge
institution of the case at bar. Rabadilla's inheritance and the effectivity of his
institution as a devisee, dependent on the
Therefore, private respondent has a cause of action performance of the said obligation.
against petitioner and the trial court erred in
dismissing the complaint below. It is clear, though, that should the obligation be not
complied with, the property shall be turned over to
[Not so important but just in case - italicized] the testatrix's near descendants.
[IMPORTANT PART]
4
In the interpretation of Wills, when an uncertainty
arises on the face of the Will, as to the application
of any of its provisions, the testator's intention is to
be ascertained from the words of the Will, taking
into consideration the circumstances under which it
was made. Such construction as will sustain and
uphold the Will in all its parts must be adopted.
DISPOSITIVE PORTION:
The petition is hereby DISMISSED and the decision of
the Court of Appeals in CA-G.R. No. CV-35555
AFFIRMED
5
54. PASCUAL v. DELA CRUZ ET. AL that, after a lapse of eight years, said witnesses
GR No. L-24819 will not retain a vivid picture of the details
Date: 30 May 1969 surrounding the execution and signing of the
Ponente: REYES, J.B.L, Acting C.J: will of Catalina de la Cruz.
Digest Author: Vener Margallo
ISSUES:
Topic in the Syllabus: Whether or not Andres Pascual, an Attorney and the
Testamentary Succession: Subscribing witness best nephew of the deceased, procured the will of the
qualified to testify on due execution of will deceased with due execution? YES.
DISPOSITIVE PORTION:
WHEREFORE, the decree of probate appealed from is
affirmed.
7
55. BELLIS v. BELLIS FACTS:
GR. No. L-23678 ● Amos G. Bellis, born in Texas, was "a citizen of
Date: 6 June 1967 the State of Texas and of the United States."
Ponente: BENGZON, J.P., J. ● By his first wife, Mary E. Mallen, whom he
Digest Author: Vener Margallo divorced, he had five legitimate children:
○ Edward A. Bellis, George Bellis (who
Topic: Testamentary Succession: pre-deceased him in infancy), Henry A.
Law applicable with reference to the intestate and Bellis, Alexander Bellis and Anna Bellis
testamentary succession of an alien Allsman;
● His second wife, Violet Kennedy, who survived
Relevant Law: Article 16 and Article 1039 of the Civil him, he had three legitimate children:
Code ○ Edwin G. Bellis, Walter S. Bellis and Dorothy
Bellis
Doctrine: ● He had three illegitimate children:
A provision in a foreigner's will to the effect that his ○ Amos Bellis, Jr., Maria Cristina Bellis and
properties shall be distributed in accordance with Miriam Palma Bellis.
Philippine law and not with his national law, is illegal ● Amos G. Bellis executed a will in the Philippines,
and void for his national law cannot be ignored in in which he directed that his distributable estate
regard to those matters that Article 10 — now should be divided, in trust, in the following
Article 16 — of the Civil Code states said national law order and manner:
should govern. (a) $240,000.00 to his first wife, Mary E. Mallen;
(b) P120,000.00 to his three illegitimate
Decedent: Amos G. Bellis children, Amos Bellis, Jr., Maria Cristina Bellis,
Will: Yes. and Miriam Palma Bellis, or P40,000.00 each
The distributable estate should be divided, in trust, and
in the following order and manner: (c) after the foregoing two items have been
(a) $240,000.00 to his first wife, Mary E. Mallen; satisfied, the remainder shall go to his seven
(b) P120,000.00 to his three illegitimate children, surviving children by his first and second wives
Amos Bellis, Jr., Maria Cristina Bellis, and Miriam in equal shares.
Palma Bellis, or P40,000.00 each and ● Amos G. Bellis died a resident in San Antonio
(c) after the foregoing two items have been satisfied, Texas, USA.
the remainder shall go to his seven surviving children ● His will was admitted to probate in the Court of
by his first and second wives in equal shares. First Instance of Manila.
● The People's Bank and Trust Company, as
Parties: executor of the will, paid all the bequests
therein.
● Preparatory to closing its administration, the
executor submitted and filed its "Executor's
Final Account, Report of Administration and
Project of Partition" wherein it reported the
satisfaction of the legacies.
● In the project of partition, the executor —
pursuant to the "Twelfth" clause of the
testator's Last Will and Testament — divided the
residuary estate into seven equal portions for
the benefit of the testator's seven legitimate
children by his first and second marriages.
● Maria Cristina Bellis and Miriam Palma Bellis
filed their respective oppositions to the project
of partition on the ground that they were
deprived of their legitimes as illegitimate
children.
● Lower Court overruled oppositions and
approved the executor’s partition. Hence,
oppositors-appellants appealed directly to the
SC.
ISSUE:
Whether or not Texas law or Philippine law applies
to the testamentary will of the deceased alien?
8
Texas Law Applies. G. Bellis.
Decedent: Valente Z. Cruz. SC: last will and testament was not executed in
Will: There is a will but it is not quoted in the decision accordance with law.
11
57. GARCIA v. GATCHALIAN After due trial, the court rendered the appealed
GR No. 20357 decision finding the document Exhibit "C" to be the
Date: November 25, 1967 authentic last will of the deceased but disallowing it
Ponente: Dizon, J. for failure to comply with the mandatory
Digest Author: Charry requirement of Article 806 of the New Civil Code —
that the will must be acknowledged before a notary
Topic in the Syllabus: public by the testator and the witnesses.
Testamentary Succession
An examination of the document (Exhibit "C") shows
Relevant Law: that the same was acknowledged before a notary
Article 806: public by the testator but not by the instrumental
Every will must be acknowledged before a notary witnesses.
public by the testator and the witnesses. The notary
public shall not be required to retain a copy of the ISSUES:
will, or file another with the office of the Clerk of WON a will must be acknowledged before a notary
Court. public by the testator and also by the witnesses in
order to be valid.
Doctrine:
A will must be acknowledged before a notary public YES
by the testator and also by the witnesses in order to
be valid. RULING:
Decedent: Gregorio Gatchalian Article 806 of the New Civil Code reads as follows:
Will: YES “Every will must be acknowledged before a
notary public by the testator and the
Parties: witnesses. The notary public shall not be
required to retain a copy of the will, or file
another with the office of the Clerk of
FACTS: Court.”
This case is super short. I don’t think it needs to be
shortened :) We have held heretofore that compliance with the
requirement contained in the above legal provision
This is an appeal taken by Pedro Reyes Garcia from to the effect that a will must be acknowledged
the decision of the CFI of Rizal denying the allowance before a notary public by the testator and also by
of the will of the late Gregorio Gatchalian, on the the witnesses is indispensable for its validity (In re:
ground that the attesting witnesses did not Testate Estate of Alberto, G. R. No. L-11948, April 29,
acknowledge it before a notary public, as required 1959).
by law.
As the document under consideration does not
On March 15, 1967, Gregorio Gatchalian, a widower comply with this requirement, it is obvious that the
of 71 years of age, died in the municipality of Pasig, same may not be probated.
Province of Rizal, leaving no forced heirs.
12
58. NEYRA vs. NEYRA Trinidad Neyra (full blood sister of encarnacion)
C.A. No. 8075
Date: March 25, 1946
Ponente: De Joya, J. FACTS:
Digest Author: Biag
● Severo Neyra died intestate in the City of
Topic in the Syllabus: Manila, on May 6, 1938, leaving certain
Testamentary Succession properties and
○ two children, by his first marriage, named
Doctrine: Encarnacion Neyra and Trinidad Neyra, and
Where the mind of testator is in perfectly sound ○ other children by his second marriage.
condition, neither old age, nor ill health, nor the fact ● After the death of Severo Neyra, the two sisters,
that he might sign, is sufficient to invalidate his will. Encarnacion Neyra and Trinidad Neyra, had
serious misunderstandings, in connection with
Insomnia, in spite of the testimony of two doctors, the properties left by their deceased father,
who testified for the opponents to the probate of a ○ so serious that, after March 31, 1939, they
will, to the effect that it tended to destroy mental had two litigations in the Court of First
capacity, was held not to affect the full possession of Instance of Manila, concerning said
the mental faculties deemed necessary and properties.
sufficient for its execution. ○ In the first case, filed on March 31, 1939,
Trinidad Neyra and others demanded from
Where it appears that a few hours and also a few Encarnacion Neyra and others the
days after the execution of the will, the testator annulment of the sale of the property
intelligently and intelligibly conversed with other located at No. 366 Raon Street, Manila,
persons, although lying down and unable to move or which was finally decided in favor of the
stand up unassisted, but could still effect the sale of defendants, in the court of first instance,
property belonging to him, these circumstances and in the Court of Appeals, on December
show that the testator was in a perfectly sound 21, 1943 (G. R. No. 8162); and
mental condition at the time of the execution of the ○ the second is the instant case.
will. ● In the meanwhile, Encarnacion Neyra had
become seriously ill, suffering from Addison's
Decedent: Encarnacion Neyra disease, and on October 31, 1942, she sent for
Will: With will. But the object in question here is not her religious adviser and confessor, Mons.
the will but the compromise or agreement. Vicente Fernandez of the Quiapo Church to
make confession.
***In the condition that the property involved
therein should be given exclusively to Trinidad Neyra, ● After the mass, Father Garcia talked to
that the latter should waive her share in the rents of Encarnacion Neyra and advised reconciliation
said property collected by Encarnacion, and that between the two sisters, Encarnacion and
Trinidad had no more indebtedness to Encarnacion. Trinidad Neyra.
They also agreed to send for Atty. Alejandro M. ○ Encarnacion accepted said advise and,
Panis, to prepare the necessary document ○ at about noon of the same day (November
embodying the said agreement; 1, 1942), that the two sisters greeted each
other on a most affectionate manner, and
That Attorney Panis prepared said document of became reconciled and the two had a long
compromise as well as the new will and testament, and cordial conversation, in the course of
naming Trinidad Neyra and Eustaquio Mendoza as which they also talked about the properties
beneficiaries therein, pursuant to Encarnacion's left by their father and their litigations they
express instructions, and the two documents were agreed to have it dismissed.
prepared, in duplicate, and were ready for signature, ● They agreed under the condition mentioned
since the morning of November 3, 1942; above (***)
● They also agreed to send for Atty. Alejandro M.
Parties: Panis, to prepare the necessary document
Petitioners: embodying the said agreement.
Encarnacion Neyra (deceased) ● Attorney Panis could come only in the afternoon
Atty. Lucio Javillonar (represented Encarnacion) of the following day, November 2, 1942, when
Teodora Neyra (half-blood sister of encarnacion and Encarnacion gave him instructions for the
trinidad) preparation of the document embodying their
Other relatives who are interested parties agreement and other instructions for the
Respondent: preparation of her last will and testament.
13
● Teodora Neyra, Presentacion Blanco and
● That Attorney Panis prepared Ceferina de la Cruz testified, however, that
○ said document of compromise when the thumb mark of Encarnacion Neyra
○ as well as the new will and testament, was affixed to the agreement in question, dated
naming Trinidad Neyra and Eustaquio November 3, 1942,
Mendoza as beneficiaries therein, pursuant ○ she was sleeping on her bed in the sala; and
to Encarnacion's express instructions, ○ that the attesting witnesses were not
and the two documents were prepared, in present, as they were in the caida.
duplicate, and were ready for signature, since ○ That the contention of the petitioners is
the morning of November 3, 1942; that the attesting witnesses were not
● In the afternoon, Attorney Panis read said present, at the time E. N. thumbmarked the
document of compromise and last will and agreement and will in question.
testament to Encarnacion Neyra, ○ Also claiming that the alleged compromise
○ slowly and in a loud voice, or agreement, dated November 3, 1942,
○ in the presence of Father Teodoro Garcia, could not have been understood by
Dr. Moises B. Abad, Dr. Eladio Aldecoa, Encarnacion Neyra,
Trinidad Neyra, and others, ■ as she was already then at the
○ after which he asked her if their terms were threshold of death, and
in accordance with her wishes, or if she ■ that as a matter of fact she died the
wanted any change made in said following day; and
documents; ■ that if it had been signed at all by said
● Encarnacion Neyra did not suggest any change, Encarnacion Neyra, her thumb mark
and appearing on said document must have
○ asked for the pad and the two documents, been affixed thereto by Trinidad
and, Neyra's attorney, against Encarnacion's
○ with the help of a son of Trinidad, placed will.
her thumb mark at the foot of each one of
the two documents, in duplicate, on her ISSUES:
bed in the sala, Whether or not said compromise or agreement had
○ in the presence of the attesting witnesses, been legally executed and signed by Encarnacion
Dr. Moises B. Abad, Dr. Eladio R. Aldecoa Neyra, on November 3, 1942. YES.
and Atty. Alejandro M. Panis,
● Said witnesses signed at the foot of the will, in RULING:
the presence of Encarnacion Neyra, and of each
other. Encarnacion Neyra was of sound mind and
● The agreement was also signed by Trinidad possessed the necessary testamentary and mental
Neyra, as party, and by Dr. M. B. Abad and capacity, at the time of the execution of the
Eustaquio Mendoza, a protege, as witnesses. agreement and will, dated November 3, 1942.
● Father Teodoro Garcia was also present at the
signing of the two documents, at the request of According to medical authorities, persons suffering
Encarnacion Neyra. from Addison's disease often live as long as ten (10)
● The foregoing facts have been established by years, while others die after a few weeks only, and
the witnesses presented by Trinidad Neyra, who that as the disease progresses, asthenia sets in, and
are all trustworthy men, and who had absolutely from 80 per cent to 90 per cent of the patients
no interest in the final outcome of this case. develop tuberculosis, and complications of the heart
○ Two of them are ministers of the Gospel, also appear. (Cecil, Textbook of Medicine, 3d ed.,
while three of the attesting witnesses are 1935, pp. 1250-1253; McCrae, Osler's Modern
professional men of irreproachable Medicine, 3d ed., Vol. V, pp. 272-279.)
character, who had known and seen and
actually talked to the testatrix. And it has been conclusively shown that Encarnacion
● Petitioner Teodora Neyra, half sister of Neyra died on November 4, 1942, due to a heart
Encarnacion, and her young daughter Ceferina attack, at the age of 48, after an illness of about two
de la Cruz, and Presentacion Blanco, daughter of (2) years.
petitioner Maria Jacobo Vda. de Blanco,
substantially corroborated the testimony of the Presentacion Blanco, in the course of her
witnesses presented by Trinidad Neyra, with cross-examination, frankly admitted that, in the
reference to the signing of documents, in the morning and also at about 6 o'clock in the afternoon
bedroom of Encarnacion Neyra, in the afternoon of November 3, 1942, Encarnacion Neyra talked to
of November 3, 1942. her and that they understood each other clearly,
thus showing that the testatrix was really of sound
14
mind, at the time of signing and execution of the section 17 of Rule 3 of the Rules of Court, is hereby
agreement and will in question. denied; and the decision of the Court of Appeals for
Manila, dated November 10, 1942, dismissing the
It may, therefore, be reasonably concluded that the appeal, is hereby re-affirmed, without costs. So
mental faculties of persons suffering from Addison's ordered.
disease, like the testatrix in this case, remain
unimpaired, partly due to the fact that, on account
of the sleep they enjoy, they necessarily receive the
benefit of physical and mental rest. And that like
patients suffering from tuberculosis, insomnia or
diabetes, they preserve their mental faculties until
the moments of their death.
DISPOSITIVE PORTION:
It having been shown that the said compromise or
agreement had been legally signed and executed by
Encarnacion Neyra on November 3, 1942, in the
presence of credible and trustworthy witnesses, and
that she was compos mentis and possessed the
necessary testamentary and mental capacity at the
time; the petition for reconsideration filed by Atty.
Lucio Javillonar, on November 23, 1942, on behalf of
a client, Encarnacion Neyra, who had been dead
since November 4, 1942, and some relatives, who
have appeared, in accordance with the provisions of
15
59. ORTEGA vs. VALMONTE in accordance with the rites and said Church and
478 SCRA 247 that a suitable monument to be erected and
Date: 2005 provided my by executrix (wife) to perpetuate my
Ponente:Panganiban, J. memory in the minds of my family and friends;
Digest Author: de Vera 2. I give, devise and bequeath unto my loving
wife, JOSEFINA C. VALMONTE, one half (1/2) portion
Topic in the Syllabus: of the follow-described properties, which belongs to
me as [co-owner]:
a. Lot 4-A, Block 13 described on plan Psd-28575,
Relevant Law: LRC, (GLRO), situated in Makati, Metro Manila,
described and covered by TCT No. 123468 of the
Article 839. The will shall be disallowed in any of the Register of Deeds of Pasig, Metro-Manila registered
following cases: jointly as co-owners with my deceased sister (Ciriaca
(1) If the formalities required by law have not Valmonte), having share and share alike;
been complied with; b. 2-storey building standing on the
(2) If the testator was insane, or otherwise above-described property, made of strong and
mentally incapable of making a will, at the time of its mixed materials used as my residence and my wife
execution; and located at No. 9200 Catmon Street, Makati,
(3) If it was executed through force or under Metro Manila also covered by Tax Declaration No.
duress, or the influence of fear, or threats; A-025-00482, Makati, Metro-Manila, jointly in the
(4) If it was procured by undue and improper name of my deceased sister, Ciriaca Valmonte and
pressure and influence, on the part of the myself as co-owners, share and share alike or equal
beneficiary or of some other person; co-owners thereof;
(5) If the signature of the testator was procured 3. All the rest, residue and remainder of my real
by fraud; and personal properties, including my savings
(6) If the testator acted by mistake or did not account bank book in USA which is in the possession
intend that the instrument he signed should be his of my nephew, and all others whatsoever and
will at the time of affixing his signature thereto. wherever found, I give, devise and bequeath to my
said wife, Josefina C. Valmonte;
4. I hereby appoint my wife, Josefina C. Valmonte
Doctrine: The law favours the probate of a will. as sole executrix of my last will and testament, and it
Upon those who oppose it rests the burden of is my will that said executrix be exempt from filing a
showing why it should not be allowed. bond. IN WITNESS WHEREOF, I have hereunto set
my hand this 15th day of June 1983 in Quezon City,
Decedent: Placido Valmonte Philippines.
ISSUES:
HELD:
1. YES.
Despite his advanced age, he was still able to identify
accurately the kinds of property he owned, the
extent of his shares in them and even their location.
As regards the proper objects of his bounty, it was
sufficient that he identified his wife as sole
beneficiary. The omission of some relatives from the
will did not affect its formal validity. There being no
showing of fraud in its execution, intent in its
disposition becomes irrelevant.
2. NO.
● Fraud is a trick, secret devise, false
statement, or pretense, by which the
subject of it is cheated. It may be of such
character that the testator is misled or
deceived as to the nature or contents of the
document which he executes, or it may
relate to some extrinsic fact, in
consequence of the deception regarding
which the testator is led to make a certain
will which, but for fraud, he would not have
made.
● The party challenging the will bears the
burden of proving the existence of fraud at
the time of its execution. The burden to
show otherwise shifts to the proponent of
17
60. GARCIA V. VASQUEZ to execute a simulated and fraudulent deed of
GR No. L-26615 absolute sale dated 10 January 1961 allegedly
Date April 30, 1970 conveying unto said spouses for the paltry sum of
Ponente: REYES, J.B.L., J P30,000.00 ownership of 3 parcels of land and the
Digest Author: [Dimlove] improvements thereon located in Quiapo and San
Nicolas, Manila, with a total assessed value of
Topic in the Syllabus: P334,050.00.
[insert text]
Oppositors contended that since it is the duty of
Relevant Law: the administrator to protect and conserve the
RT. 808. If the testator is blind, the will shall be read properties of the estate, and it may become
to him twice; once, by one of the subscribing necessary that an action for the annulment of the
witnesses, and again, by the notary public before deed of sale and for recovery of the
whom the will is acknowledged aforementioned parcels of land be filed against the
special administratrix, as wife and heir of Alfonso
Doctrine: Precilla, the removal of the said administratrix was
The rationale behind the requirement of reading the imperative.
will to the testator if he is blind or incapable of
reading the will himself is to make the provisions In addition, the oppositors presented evidence that
thereof known to him, so that he may be able to Consuelo asked the court to issue new Certificates of
object if they are not in accordance with his wishes. Titles to certain parcels of land for the purpose of
preparing the inventory to be used in the probate.
Decedent: Gliceria A. del Rosario Also shown was that NEW TCTs were issued by the
RD for certain lands of the deceased after Consuelo
Will: Two wills (but not specifically discussed so asked for the old TCTs.
nothing to paste) 1956 (valid) 1960 (void)
At the end of the probate proceedings, the court
Parties: ruled that Consuelo should be made the
Note: It will be too confusing to put in a table, due to administrator, and that the will was duly executed
the fact that she died without really any ascendants because of these reasons: NO EVIDENCE HAS BEEN
or descendants. Just remember that the petitioner is PRESENTED to establish that the deceased was not
the NIECE THE DESCEDENT, and respondents are of sound mind, that even tough the allegations state
some fifth degree relatives, and the main petitioner that the deceased prepared another will in 1956
is GARCIA IS A LEGATEE IN THE EARLIER (AND VALID) (12pages), the latter is not prevented from executing
WILL. another will in 1960 (1page), and that
inconsistencies in the testimonies of the witnesses
prove their truthfulness.
FACTS: From this order all the oppositors appealed, the case
being docketed in this Court as G. R. No. L-27200.
This is a petition for appeal from the CFI of Manila The records of the probate proceeding fully establish
admitting to probate the will of Gliceria Avelino del the fact that the testatrix, Gliceria A. del Rosario,
Rosario (“Gliceria”) executed in 1960. Likewise, this during her lifetime, executed two wills: one on 9
is also an appeal to remove the current June 1956 consisting of 12 pages and written in
administrator, Consuelo Spanish, a language that she knew and spoke,
Gonzales-Precilla(“Consuelo”) as special witnessed by Messrs. Antonio Cabrera, Jesus Y. Ayala
administratrix of the estate on the ground of and Valentin Marquez, and acknowledged before
Consuelo possesses interest adverse to the estate notary public Jose Ayala; and another, dated 29
and to order the register of deeds of Manila to December 1960, consisting of 1 page and written in
annotate on the registered lands a notice of Lis Tagalog, witnessed by Messrs. Vicente Rosales,
Pendens. Francisco Decena, and Francisco Lopez and
acknowledged before notary public Remigio M.
When Gliceria died she had no descendants, Tividad.
ascendants, brothers or sisters and 90 yrs old. After MAIN CONTENTION OF THE LESSON
which, her niece, Consuelo petitioned the court to The oppositors-appellants in the present case,
be the administratrix of the properties. The court challenging the correctness of the probate court's
approved this because Consuelo has been was ruling, maintain that on 29 December 1960 the
already managing the properties of the deceased eyesight of Gliceria del Rosario was so poor and
during her lifetime. It was their claim that the defective that she could not have read the provisions
special administratrix and her deceased husband, of the will, contrary to the testimonies of witnesses
Alfonso Precilla, had caused Gliceria A. del Rosario Decena, Lopez and Rosales.
18
practically blind and that the consideration given
On this point, we find the declarations in court of Dr. seems unconscionably small for the properties, there
Jesus V. Tamesis very material and illuminating. Said was likelihood that a case for annulment might be
opthalmologist, whose expertise was admitted by filed against the estate or heirs of Alfonso Precilla.
both parties, testified, among other things, that And the administratrix being the widow and heir of
when Doña Gliceria del Rosario saw him for the alleged transferee, cannot be expected to sue
consultation on 11 March 1960 he found her left eye herself in an action to recover property that may
to have cataract (opaque lens),[15] and that it was turn out to belong to the estate.
"above normal in pressure", denoting a possible
glaucoma, a disease that leads to blindness. This, plus her conduct in securing new copies of the
owner’s duplicate of titles without the court’s
knowledge and authority and having the contract
ISSUE: Whether or not the Petitioner’s alleged will bind the land through issuance of new titles in her
is valid husband’s name, cannot but expose her to the
charge of unfitness or unsuitability to discharge the
RULING: trust, justifying her removal from the administration
of the estate.
Held: NO. The condition of her eyesight in August,
1960, and there is no evidence that it had improved We also find merit in the complaint of oppositors
by 29 December 1960, Gliceria del Rosario was Lucio V. Garcia, Et Al., against the denial by the
incapable of reading, and could not have read the probate court of their petition for the removal of
provisions of the will supposedly signed by her on 29 Consuelo Gonzales Vda. de Precilla as special
December 1960. It is worth noting that the administratrix of the estate of the deceased Doña
instrumental witnesses stated that she read the Gliceria (Petition, G.R. No. L-26615, Annex "B").
instrument "silently” which is a conclusion and not a
fact. PROCEDURAL
The oppositors’ petition was based allegedly on the
Upon its face, the testamentary provisions, the existence in the special administratrix of an interest
attestation clause and acknowledgment were adverse to that of the estate.
crammed together into a single sheet of paper, so
much so that the words had to be written very close It was their contention that through fraud her
to the top, bottom and two sides of the paper; husband had caused the deceased Gliceria del
leaving no margin whatsoever; the word "and" had Rosario to execute a deed of sale, dated 10 January
to be written by the symbol "&", apparently to save 1961, by virtue of which the latter purportedly
on space. Plainly, the testament was not prepared conveyed unto said Alfonso D. Precilla, married to
with any regard for the defective vision of Doña Consuelo Gonzales y Narciso, the ownership of 3
Gliceria. parcels of land and the improvements thereon,
assessed at P334,050.00, for the sum of P30,000.00.
It is difficult to understand that so important a
document containing the final disposition of one’s The issue in controversy here is simply the fitness or
worldly possessions should be embodied in an unfitness of said special administratrix to continue
informal and untidy written instrument; or that the holding the trust, it does not involve or affect at all
glaring spelling errors should have escaped her the title to, or possession of, the properties covered
notice if she had actually retained the ability to read by TCT Nos. 81735, 81736 and 81737. Clearly, the
the purported will and had done so. pendency of such case (L-26615) is not an action that
can properly be annotated in the record of the titles
The rationale behind the requirement of reading the to the properties.
will to the testator if he is blind or incapable of
reading the will himself is to make the provisions
thereof known to him, so that he may be able to DISPOSITIVE PORTION:
object if they are not in accordance with his wishes.
There is also no evidence that the 1960 will satisfied FOR THE FOREGOING REASONS, the order of the
the requisites of Art. 808 of the Civil Code of the court below allowing to probate the alleged 1960
Philippines that "if the testator is blind, the will shall will of Gliceria A. del Rosario is hereby reversed and
be read to him twice," have not been complied with, set aside. The petition in G.R. No. L-26615 being
the said 1960 will suffer from infirmity that affects meritorious, the appealed order is set aside and the
its due execution. court below is ordered to remove the administratrix,
Consuelo Gonzales Vda. de Precilla, and appoint one
Considering that the alleged deed of sale was of the heirs intestate of the deceased Doña Gliceria
executed when Gliceria del Rosario was already Avelino del Rosario as special administrator for the
19
purpose of instituting action on behalf of her estate
to recover the properties allegedly sold by her to the
late Alfonso D. Precilla. And in Case G.R. No.
L-26864, petition is dismissed. No costs.
20
61. In the Matter of the Probate of the Last Will and testator did not personally read the final draft of the
Testament of the Deceased Brigido Alvarado, codicil.
CESAR ALVARADO vs. HON. RAMON G. GAVIOLA,
JR., Presiding Justice, HON. MA. ROSARIO Instead, it was respondent who read it aloud in his
QUETULIO LOSA and HON. LEONOR INES LUCIANO, presence and in the presence of the three
Associate Justices, Intermediate Appellate Court, instrumental witnesses (same as those of the
First Division (Civil Cases), and BAYANI MA. RINO notarial will) and the notary public who followed the
reading using their own copies.
G.R. No. 74695
September 14, 1993 A petition for the probate of the notarial will and
BELLOSILLO, J. codicil was filed upon the testator's death on by
Digest Author: Dizon private respondent as executor with the CFI.
3 instrumental witnesses, the notary public and the The main contentions were -
respondent, who were present at the execution, ● that the deceased was blind within the meaning
testified that the testator did not read the final draft of the law at the time his will and the codicil
of the will himself. attached was executed; and
● that since the reading required by Art. 808 of
Instead, respondent, as the lawyer who drafted the the Civil Code was admittedly not complied
8-paged document, read the same aloud in the with, probate of the deceased's last will and
presence of the testator, the 3 instrumental codicil should have been denied.
witnesses and the notary public.
CA:
The latter 4 followed the reading with their own ● Alvarado was not blind at the time his last will
respective copies previously furnished them. and codicil were executed;
● that assuming his blindness, the reading
Meanwhile, Alvarado's holographic will was requirement of Art. 808 was substantially
subsequently admitted to probate on 9 December complied with when both documents were read
1977. aloud to the testator with each of the 3
instrumental witnesses and the notary public
Later that month, a codicil entitled "Kasulatan ng following the reading with their respective
Pagbabago sa Ilang Pagpapasiya na Nasasaad sa copies of the instruments.
Huling Habilin na may Petsa Nobiembre 5, 1977 ni ● Although Art. 808 was not followed to the letter,
Brigido Alvarado" was executed changing some there was substantial compliance since its
dispositions in the notarial will to generate cash for purpose of making known to the testator the
the testator's eye operation. contents of the drafted will was served.
But the disinheritance and revocatory clauses were 1) Was Alvarado “blind” as per Art. 808 at the time
unchanged. As in the case of the notarial will, the his will and its codicil were executed? (Yes)
21
Court concluded that Alvarado comes within the
2) If so, was the double-reading requirement of said scope of the term "blind". Unless the contents were
article complied with? (No) read to him, he had no way of ascertaining whether
or not the lawyer who drafted the will and codicil did
RULING: so with his instructions.
1) There is no dispute that Alvarado was not totally 2) Art. 808 provides that in case of a blind testator,
blind at the time the will and codicil were executed. the will shall be read to him twice; once, by one of
the subscribing witnesses, and again, by the notary
However, his vision on both eyes was only of public before whom the will is acknowledged.
"counting fingers at three feet" by reason of the
glaucoma which he had been suffering from for In this case, instead of the notary public and an
several years and even prior to his first consultation instrumental witness, it was the lawyer (respondent)
with an eye specialist on who drafted the will and codicil, who read the same
14 December 1977. aloud to the testator, and read them only once, not
twice, as required by law.
Art. 808 of the Civil Code provides:
Art. 808. If the testator is blind, the will shall be read Respondent insists that there was substantial
to him twice; once, by one of the subscribing compliance and that the single reading suffices for
witnesses, and again, by the notary public before purposes of the law. On the other hand, petitioner
whom the will is acknowledged. maintains that neither the notary public nor an
instrumental witness read the contents of the will
Petitioner contends that although his father was not and codicil to Alvarado, probate of the latter's will
totally blind when the will and codicil were and codicil should have been disallowed.
executed, he can be so considered within the scope
of the term as it is used in Art. 808. The lawyer read the testator’s will and codicil aloud
in the presence of the testator, his 3 instrumental
Petitioner presented before the trial court a medical witnesses, and the notary public.
certificate issued by Dr. Salceda, Director of the
Institute of Opthalmology (Philippine Eye Research Prior and subsequent thereto, the testator affirmed,
Institute), the contents of which were interpreted in upon being asked, that the contents read
layman's terms by Dr. Roasa, whose expertise was nly then did
corresponded with his instructions. O
admitted by respondent. the signing and acknowledgment take place.
Dr. Roasa explained that although the testator could There is no evidence that the contents of the will
visualize fingers at 3 feet, he could no longer read and the codicil were not sufficiently made known
either printed or handwritten matters as of 14 and communicated to the testator.
December 1977, the day of his first consultation. With 4 persons, mostly known to the testator,
following the reading word for word with their own
CA: the testator could still read on the day the will copies, it can be safely concluded that the testator
and the codicil were executed but chose not to do so was reasonably assured that what was read to him
because of "poor eyesight." Since the testator was were the terms actually appearing on the
still capable of reading at that time, the court typewritten documents.
concluded that Art. 808 need not be complied with.
The rationale behind the requirement of reading the
SC: agrees with petitioner – regardless of will to the testator if he is blind or incapable of
respondent's contention that the testator was still reading the will to himself (as when he is illiterate), is
capable of reading at the time his will and codicil to make the provisions thereof known to him, so
were prepared, the fact remains and this was that he may be able to object if they are not in
testified to by his witnesses, that Alvarado did not do accordance with his wishes.
so because of his "poor," "defective," or "blurred"
vision making it necessary for respondent to do the Although there should be strict compliance with the
actual reading for him. substantial requirements of law in order to insure
the authenticity of the will, the formal imperfections
Art. 808 applies not only to blind testators but also should be brushed aside when they do not affect its
to those who, for one reason or another, are purpose and which, when taken into account, may
"incapable of reading their wills." Since Alvarado was only defeat the testator’s will.
incapable of reading the final drafts of his will and
codicil on the separate occasions of their execution The Court sustained respondent's stand, thus, the
due to his poor, defective, or blurred vision, the petition was denied.
22
62. IN THE MATTER FOR THE PETITION FOR THE ● Then, Richard filed a petition for the probate of
PROBATE OF THE LAST WILL AND TESTAMENT OF his father's Last Will before the RTC and for the
ENRIQUE LOPEZ V DIANA LOPEZ ET.AL issuance of letters testamentary in his favor.
GR No. 189984 ● Marybeth opposed the petition contending -
Date November 12, 2012 ○ that the purported last will and testament
Ponente: Perlas-Bernabe J. was not executed and attested as required
Digest Author: LAI by law, and
○ that it was procured by undue and
Topic: improper pressure and influence on the
Testamentary Succession part of Richard.
● The said opposition was also adopted by
Relevant Law: Victoria.
ART. 805. Every will, other than a holographic will, ● Richard presented attesting witnesses, who
must be subscribed at the end thereof by the testified that after the late Enrique read and
testator himself or by the testator's name written by signed the will on each and every page, they
some other person in his presence, and by his also read and signed the same in the latter's
express direction, and attested and subscribed by presence and of one another.
three or more credible witnesses in the presence of ○ Photographs of the incident were taken and
the testator and of one another. presented during trial.
The testator or the person requested by him to write ○ One of them even testified that she was the
his name and the instrumental witnesses of the will, one who prepared the drafts and revisions
shall also sign, as aforesaid, each and every page from Enrique before the final copy of the
thereof, except the last, on the left margin, and all will was made.
the pages shall be numbered correlatively in letters ○ The lawyer witness also testified that he
placed on the upper part of each page. prepared the will in accordance with
The attestation shall state the number of pages used Enrique's instruction and added that
upon which the will is written, and the fact that the Enrique was in good health and of sound
testator signed the will and every page thereof, or mind at that time.
caused some other person to write his name, under ● The only witness presented by the Respondents
his express direction, in the presence of the was Paraon OIC of the Notarial Section, Office of
instrumental witnesses, and that the latter the Clerk of Court, RTC, Manila saying that Atty.
witnessed and signed the will and all the pages Nolasco was not a notary public for the City of
thereof in the presence of the testator and of one Manila at that time.
another.
If the attestation clause is in a language not known ● RTC: It disallowed the probate of the will for
to the witnesses, it shall be interpreted to them. failure to comply with Article 805 of the Civil
Code which requires a statement in the
ART. 809. In the absence of bad faith, forgery, or attestation clause of the number of pages used
fraud, or undue and improper pressure and upon which the will is written.
influence, defects and imperfections in the form of ○ It held that while Arti 809 of the same Code
attestation or in the language used therein shall not requires mere substantial compliance of the
render the will invalid if it is proved that the will was form laid down in Art 805, the rule only
in fact executed and attested in substantial applies if the number of pages is reflected
compliance with all the requirements of Article 805. somewhere else in the will with no
Parties: evidence aliunde or extrinsic evidence
required.
PETITIONER: Richard Lopez – son / executor and ○ While the acknowledgment portion stated
administrator that the will consists of 7 pages including
the page on which the ratification and
RESPONDENT: Diana Lopez and 3 others -daughters acknowledgment are written, the RTC
observed that it has 8 pages including the
FACTS: acknowledgment portion.
● Before Enrique Lopez died, he executed a last ○ As such, it disallowed the will for not having
will on Aug 1996 and constituted Richard as been executed and attested in accordance
executor and administrator. with law.
○ He left his wife Wendy Lopez, and their 4
legit children namely petitioner Richard and ● CA: RTC Affirmed
Respondents Diana, Marybeth, and Victoria ○ It found no valid reason to deviate from the
as compulsory heirs. findings of the RTC that the failure to state
23
the number of pages of the will in the attestation clause, being the only check against
attestation clause was fatal. perjury in the probate proceedings.
○ While Article 809 of the Civil Code sanctions ● The CA properly sustained the disallowance of
mere substantial compliance with the the will. DENIED
formal requirements set forth in Article 805
thereof, there was a total omission of such
fact in the attestation clause.
○ Moreover, while the acknowledgment of
the will made mention of "7 pages including
the page on which the ratification and
acknowledgment are written," the will had
actually 8 pages including the
acknowledgment portion thus,
necessitating the presentation of evidence
aliunde to explain the discrepancy.
ISSUES:
1) WON there was a substantial compliance in the
formal requirements of a will for it to be on probate
RULING:
24
63. CAGRO v. CAGRO signatures at the bottom thereof negatives their
GR No. L-5828 participation.
Date April 29, 1953
Ponente: Paras, C.J. Signatures of the witnesses on the left-hand margin
Digest Author: Lim does not substantially conform to the law and may
not be deemed as their signatures to the
Topic in the Syllabus: attestation clause.
Testamentary Succession; Two kinds of wills;
Holographic Said signatures are in compliance with the legal
mandate that the will be signed on the left-hand
Relevant Law: margin of all its pages.
[insert text]
If an attestation clause not signed by the three
Doctrine: witnesses at the bottom thereof, be admitted as
Inasmuch as the signatures of the three witnesses to sufficient, it would be easy to add such clause to a
the wil do not appear at the bottom of the will on a subsequent occasion and in the absence of
attestation clause, although the page containing the the testator and any or all of the witnesses
same is signed by the witnesses on the left-hand
margin, the will is fatally defective. The attestation DISPOSITIVE PORTION:
clause is “a memorandum of the facts attending to Wherefore, the appealed decision is reversed and
the execution of the will” required by law to be the probate of the will in question denied. So
made by the attesting witnesses, and it must ordered with costs against the petitioner and
necessarily bear their signatures. appellee.
Parties:
● Petitioner-appellee: Testate estate of the
late Vicente Cagro, Jesusa Cagro
● Oppositors-appellants: Pelagio Cagro, Et al
FACTS:
ISSUES:
Whether the will is fatally defective because its
attestation clause is not signed by the attesting
witnesses. [YES]
RULING: