Balonan vs.

Abellana

Anacleta Abellana left a will. In said will, she let a certain Juan Bello sign the will for
her. The will consists of two pages. The first page is signed by Juan Abello and under
his name appears typewritten “Por la testadora Anacleta Abellana”. On the second
page, appears the signature of Juan Bello under whose name appears the phrase,
“Por la Testadora Anacleta Abellana” – this time, the phrase is handwritten.

ISSUE: Whether or not the signature of Bello appearing above the typewritten phrase
“Por la testadora Anacleta Abellana” comply with the requirements of the law
prescribing the manner in which a will shall be executed.

HELD: No. Article 805 of the Civil Code provides that:

“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 witnesses in the presence of the testator and of one another.”
In the case at bar the name of the testatrix, Anacleta Abellana, does not appear
written under the will by said Abellana herself, or by Juan Abello. There is, therefore, a
failure to comply with the express requirement in the law that the testator must
himself sign the will, or that his name be affixed thereto by some other person in his
presence and by his express direction.
Note that the phrase “Por la testadora Anacleta Abellana” was typewritten and above
it was the signature of Abello – so in effect, when Abello only signed his name without
writing that he is doing so for Anacleta, he actually omitted the name of the testatrix.
This is a substantial violation of the law and would render the will invalid.

Source: http://www.uberdigests.info/2012/08/lucio-balonan-vs-eusebia-abellana/

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