NERA VS RAYMUNDO

FACTS: The subscribing witness, Javellana, was in the outer room;

while, the testator , Jaboneta, and the other witnesses were in the
(small) inner room when the testator signed the instrument. The
witness was probably 8 to 10 ft. away in a large room which was
connected to the smaller room by a doorway with a curtain.
ISSUE: Whether the execution and signing of the will was made in the
presence of the testator and of one another.
RULING: YES.
The true test of presence of the testator and witnesses in the
execution of a will is NOT whether they actually saw each other sign,
but whether they might have seen each other sign had they chosen to
do so considering the mental and physicial condition at the time of
inscription of each signature.
During that time, the witness was actually and physically present. He
was in such a position that he could see everything that took place by
merely casting his eyes in the proper direction and without any
physical obstruction to prevent him from doing so.