LUCIO BALONAN VS EUSEBIA ABELLANA (August 31, 1960)

FACTS:
1.
The will of Anacleta Abellana consists of 2 typewritten pages, and written in the Spanish language.
2. On the first page:
a.) signed by Juan Abello and under his name appears typewritten "Por la testadora Anacleta
Abellana, residence Certificate A-1167629, Enero 20, 1951, Ciudad de Zamboanga
b.) on the left margin also appear the signatures of three (3) instrumental witnesses Blas
Sebastian, Faustino Macaso and Rafael Ignacio
3. On the second page:
a.) appears the signature of three (3) instrumental witnesses
b.) at the bottom of which appears the signature of T. de los Santos and below his signature is
his official designation as the notary public who notarized the said testament.
c.) on the left margin appears the signature of Juan Abello under whose name appears
handwritten the following phrase, "Por la Testadora Anacleta Abellana'
4. The Zamboanga CFI admitted the will to probate, and its decision was later affirmed by the CA.
5. Petitioners assail the decision, contending that the court erred in holding that the supposed
testament was signed in accordance with law; and in admitting the will to probate.
ISSUE: WON the will was signed in accordance with law.
HELD: NO
a. ARTICLE 805, CIVIL CODE then in effect Every will, other than a holographic will, must be
subscribed at the end thereof by the testator himself or by the testator's name written by some other
person in his presence, and by his express direction, and attested and subscribed by three or more
credible witness in the presence of the testator and of one another.
b. It is necessary that the testator's name be written by the person signing in his stead in the place
where he could have signed if he knew how or was able to do so. (Ex Parte Pedro Arcenas, et al.)
c. MANNER AND FORM: John Doe by the testator, Richard Doe; or "By the testator, John Doe, Richard
Doe." All this must be written by the witness signing at the request of the testator and at his and the
witnesses presence.
d. The important thing is that it clearly appears that the name of the testatrix was signed at her express
direction; it is unimportant whether the person who writes the name of the testatrix signs his own or
not