36. BUGNAO vs. UBAG ET AL.

G.R. No. 4445           September 18, 1909

(Effect of old age, infirmity or disease)

FACTS: Domingo Ubag’s last will and testament was admitted to probate as contested by
his brothers and sisters led by Francisco Ubag. The challenged will stated that Catalina Bugnao,
the testator’s wife, was designated as his sole beneficiary, leaving nothing to his siblings who
are entitled to share in the distribution of his estate since he left no heirs in the direct ascending
and descending line.

Appellee submitted that the said instrument was signed by the testator in the presence
of three subscribing and attesting witnesses, and appears upon its face to have been duly
executed in accordance with the provisions of the Code of Civil Procedure. Two of the
subscribing witnesses, Victor J. Bingtoy and Catalino Mariño, testified in support of the will, the
latter being the justice of the peace of the municipality wherein it was executed; and their
testimony was corroborated in all important details by the testimony of the proponent herself,
who was present when the will was made. The subscribing witnesses gave full and detailed
accounts of the execution of the will and swore that the testator, at the time of its execution, was
of sound mind and memory, and in their presence attached his signature thereto as his last will
and testament, and that in his presence and in the presence of each other, they as well as the
third subscribing witness.

Appellants alleged that Ubag, being physically and mentally incapable due to his
sickness, was not of sound mind and memory when he signed the said instrument. Thus, it was
not executed in conformity with the manner and form prescribed under section 618 of the Code
of Civil Procedure. They also questioned the credibility of the said witnesses, alleging that both
had different manifestations as to the signing of the will. One saying that the testator sat up in
bed, then signed his name, and then was fed by his wife; while the other stating that he was
assisted into a sitting position, was given something to eat before he signed his name. In
proving the incapacity of said testator, they presented four witnesses who were allegedly saw
the execution of the will. Among them, two were not present at the time the will was executed
and two other were the appellant himself and his close relative.

Also, a genuine authentic signature of the deceased was introduced as evidence for
comparison with the signature attached to the will. No expert witness was called to confirm the
veracity of the said signatures.

ISSUE: WON the effect of old age, infirmity or disease establishes the lack of
testamentary capacity of the testator in executing his last will and testament, thus, rendering the
said instrument invalid.

HELD: NO. That the testator was mentally capable of making the will is in our opinion
fully established by the testimony of the subscribing witnesses who swore positively that, at the
time of its execution, he was of sound mind and memory. It is true that their testimony discloses
the fact that he was at that time extremely ill, in an advanced stage of tuberculosis complicated
with severe intermittent attacks of asthma; that he was too sick to rise unaided from his bed;
that he needed assistance even to rise himself to a sitting position; and that during the
paroxysms of asthma to which he was subject he could not speak; but all this evidence of
physical weakness in no wise establishes his mental incapacity or a lack of testamentary
capacity, and indeed the evidence of the subscribing witnesses as to the aid furnished them by
the testator in preparing the will, and his clear recollection of the boundaries and physical
description of the various parcels of land set out therein, taken together with the fact that he
was able to give to the person who wrote the will clear and explicit instructions as to his desires
touching the disposition of his property, is strong evidence of his testamentary capacity.
 Testamentary capacity is the capacity to comprehend the nature of the
transaction which the testator is engaged at the time, to recollect the
property to be disposed of and the person who would naturally be
supposed to have claims upon the testator, and to comprehend the manner
in which the instrument will distribute his property among the objects of
his bounty.

In our opinion, the evidence of record establishes in a strikingly conclusive manner the
execution of the instrument propounded as the last will and testament of the deceased; that it
was made in strict conformity with the requisites prescribed by law; and that, at the time of its
execution, the deceased was of sound mind and memory, and executed the instrument of his
own free will and accord.

DECISION: The order probating the will should be land is hereby affirmed, with the cost of
this instance against the appellants.