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GARCIA vs. GATCHALIAN G.R. No.

L-20357 November 25, 1967 FACTS: This is an appeal taken by Pedro Reyes Garcia from the decision of the Court of First Instance of Rizal in Special Proceedings No !"!# denying the allo$ance of the $ill of the late Gregorio Gatchalian% on the ground that the attesting $itnesses did not ackno$ledge it before a notary public% as re&uired by la$ 'fter due trial% the court rendered the appealed decision finding the document ()hibit *C* to be the authentic last $ill of the deceased but disallo$ing it for failure to comply $ith the mandatory re&uirement of 'rticle +," of the Ne$ Ci-il Code . that the $ill must be ackno$ledged before a notary public by the testator and the $itnesses 'n e)amination of the document sho$s that the same $as ackno$ledged before a notary public by the testator but not by the instrumental $itnesses H L!: 'rticle +," of the Ne$ Ci-il Code reads as follo$s/ (-ery $ill must be ackno$ledged before a notary public by the testator and the $itnesses The notary public shall not be re&uired to retain a copy of the $ill% or file another $ith the office of the Clerk of Court 0e ha-e held heretofore that compliance $ith the re&uirement contained in the abo-e legal pro-ision to the effect that a $ill must be ackno$ledged before a notary public by the testator and also by the $itnesses is indispensable for its -alidity 's the document under consideration does not comply $ith this re&uirement% it is ob-ious that the same may not be probated