Republic of the Philippines SUPREME COURT Manila EN BANC C.A. No.

8075 March 25, 1946

TRINIDAD NEYRA, plaintiff-appellant, vs. ENCARNACION NEYRA, defendant-appellee. Alejandro M. Panis for appellant. Lucio Javillonar for appellee. DE OYA, J.! On October 2 , !"#", $rinidad Ne%ra filed a co&plaint a'ainst her sister, Encarnacion Ne%ra, in the Court of (irst )nstance of the Cit% of Manila, for the recover% of one-half *+, of the propert% &entioned and described therein, -hich had been left b% their deceased father, .evero Ne%ra, and -hich had been previousl% divided e/uall% bet-een the t-o e0tra1udiciall%, de&andin' at the sa&e ti&e one-half *+, of the rents collected on the said propert% b% the defendant Encarnacion Ne%ra. $he defendant filed an ans-er ad&ittin' that the propert% &entioned and described therein -as co&&unit% propert%, and at the sa&e ti&e set up counterclai&s a&ountin' to over P!,222, for &one% spent, durin' the last illness of their father, and for &one% loaned to the plaintiff. After the trial of the case, the court found that the plaintiff -as reall% entitled to one-half *+, of the said propert%, ad1udicatin' the sa&e to her, but at the sa&e ti&e ordered said plaintiff to pa% to the defendant the su& of P323.33, plus interests, b% virtue of said counterclai&s. Plaintiff $rinidad Ne%ra appealed fro& the said decision, to the Court of Appeals for Manila, alle'in' several errors, attac4in' the e0ecution and validit% of said a'ree&ent5 and on Nove&ber !2, !"62, said appeal -as dis&issed, pursuant to the to an a'ree&ent or co&pro&ise entered into b% the parties, as sho-n b% the correspondin' docu&ent, dated Nove&ber #, !"62, -hich -as filed in the case the follo-in' da%, Nove&ber 6, !"62. )n the &ean-hile, Encarnacion Ne%ra, -ho had been sic4l% for about t-o %ears, une0pectedl% died, on Nove&ber 6, !"62 at the a'e of 67, alle'edl% fro& heart attac4, as a conse/uence of Addison8s disease fro& -hich, it -as clai&ed, she had been sufferin' for so&eti&e. )n vie- of the decision of the Court of Appeals, dated Nove&ber !2, !"62, dis&issin' the appeal, b% virtue of said a'ree&ent or co&pro&ise, Att%. 9ucio :avillonar, clai&in' to represent Encarnacion Ne%ra, -ho had died since Nove&ber 6, !"62, and other relatives of hers, filed a petition, dated Nove&ber 2#, !"62, as4in' for the reconsideration of said decision of the Court of Appeals, dis&issin' the appeal, clai&in' that the alle'ed co&pro&ise or a'ree&ent, dated Nove&ber #, !"62, could not have been understood b% Encarnacion Ne%ra, as she -as alread% then at the threshold of death, and that as a &atter of fact she died the follo-in' da%5 and that if it had been si'ned at all b% said Encarnacion Ne%ra, her thu&b&ar4 appearin' on said docu&ent &ust have been affi0ed thereto b% $rinidad Ne%ra8s attorne%, a'ainst Encarnacion8s -ill5 and that the court had no &ore 1urisdiction over the case, -hen the alle'ed a'ree&ent -as filed on Nove&ber 6, !"62, at the instance of $rinidad Ne%ra, as Encarnacion -as alread% dead at the ti&e. $he principal /uestion to be decided, in connection -ith said petition for reconsideration, is -hether or not said co&pro&ise or a'ree&ent had been le'all% e0ecuted and si'ned b% Encarnacion Ne%ra, on Nove&ber #, !"62. $rinidad Ne%ra &aintains the affir&ative. $he volu&inous evidence, testi&onial and docu&entar%, adduced b% the parties, in this case, has full% established the follo-in' facts; $hat .evero Na%ra died intestate in the Cit% of Manila, on Ma% <, !"#7, leavin' certain properties and t-o children, b% his first &arria'e, na&ed Encarnacion Ne%ra and $rinidad Ne%ra, and other children b% his second &arria'e5 $hat after the death of .evero Ne%ra, the t-o sisters, Encarnacion Ne%ra and $rinidad Ne%ra, had serious &isunderstandin's, in connection -ith the properties left b% their deceased father, and so serious -ere their dissensions that, after March #!, !"#", the% had t-o liti'ations in the Court of (irst )nstance of Manila, concernin' said properties. )n the first case, filed in March #!, !"#", $rinidad Ne%ra and others de&anded b% Encarnacion Ne%ra and others the annul&ent of the sale of the propert% located at No. #<< Raon .treet, Manila -hich -as finall% decided in favor of the defendants, in the court of first instance, and in the Court of Appeals, on =ece&ber 2!, !"6# *>.R. No. 7!<2,5 and the second is the instance case. $hat Encarnacion Ne%ra, -ho had re&ained sin'le, and -ho had no lon'er an% ascendants, e0ecuted a -ill on .epte&ber !6, !"#", &ar4ed E0hibit !<, disposin' of her properties in favor of the ?Con're'acion de Reli'iosas de la @ir'en Maria? and her other relatives, na&ed $eodora Ne%ra, Pilar de >uA&an and Maria :acobo @da. de Blanco, &a4in' no provision -hatsoever in said -ill, in favor of her onl% sister of the -hole blood, $rinidad Ne%ra, -ho had beco&e her bitter ene&%5 that -hen the said -ill -as brou'ht to the attention of the authorities of said Con're'ation, after due deliberation and consideration, said reli'ious or'aniAation declined the bount% offered b% Encarnacion Ne%ra, and said decision of the Con're'ation -as dul% co&&unicated to her5 that in order to overco&e the difficulties encountered b% said reli'ious or'aniAation in not acceptin' the 'enerosit% of Encarnacion Ne%ra, the latter decided to &a4e a ne- -ill, and for that purpose, about one -ee4 before her death, sent for Att%. Ricardo .i4at, and 'ave hi& instructions for the preparation of a ne- -ill5 that Att%. .i4at, instead of preparin' a ne- -ill, &erel% prepared a draft of a codicil, a&endin' said -ill, dated .epte&ber !6, !"#", a'ain na&in' said reli'ious or'aniAation, a&on' others as beneficiar%, and said draft of a codicil -as also for-arded to the authorities of reli'ious or'aniAation, for their consideration and acceptance5 but it -as also re1ected. )n the &ean-hile, Encarnacion Ne%ra had beco&e seriousl% ill, sufferin' fro& Addison8s disease, and on October #!, !"62, she sent for her reli'ious adviser and confessor, Mons. @icente (ernandeA of the Buiapo Church to &a4e confession, after -hich she re/uested that hol% &ass be celebrated in her house at No. #<< Raon .treet, Cit% of Manila, so that she &i'ht ta4e hol% co&&union5 that Mons. (ernandeA caused the necessar% arran'e&ents to be &ade, and, as a &atter of fact, on Nove&ber !, !"62, hol% &ass -as sole&niAed in her house b% (ather $eodoro >arcia, also of the Buiapo Church, on -hich occasion, Encarnacion Ne%ra, -ho re&ained in bed, too4

hol% co&&union5 that after the &ass, (ather >arcia tal4ed to Encarnacion Ne%ra and advised reconciliation bet-een the t-o sisters, Encarnacion and $rinidad Ne%ra. Encarnacion accepted said advise and, at about noon of the sa&e da% *Nove&ber !, !"62,, sent Eusta/uio MendoAa to fetch her sister $rinidad, -ho ca&e at about 2;#2 that sa&e afternoon5 that the t-o sisters 'reeted each other in &ost affectionate &anner, and beca&e reconciled and t-o had a lon' and cordial conversation, in the course of -hich the% also tal4ed about the properties left b% their father and their liti'ations -hich had reached the Court of Appeals for the Cit% of Manila, the instant case bein' the second, and the% a'reed to have the latter dis&issed, on the condition that the propert% involved therein should be 'iven e0clusivel% to $rinidad Ne%ra, that the latter should -aive her share in the rents of said propert% collected b% Encarnacion, and the $rinidad had no &ore indebtedness to Encarnacion. $he% also a'reed to send for Att%. Ale1andro M. Panis, to prepare the necessar% docu&ent e&bod%in' the said a'ree&ent, but Attorne% Panis could co&e onl% in the afternoon of the follo-in' da%, Nove&ber 2, !"62, -hen Encarnacion 'ave hi& instructions for the preparation of the docu&ent e&bod%in' their a'ree&ent, and other instructions for the preparation of her last -ill and testa&ent5 that Attorne% Panis prepared said docu&ent of co&pro&ise as -ell as the ne- -ill and testa&ent, na&in' $rinidad Ne%ra and Eusta/uio MendoAa beneficiaries therein, pursuant to Encarnacion8s e0press instructions, and the t-o docu&ents -ere prepared, in duplicate, and -ere read% for si'nature, since the &ornin' of Nove&ber #, !"625 that in the afternoon of that da%, of co&pro&ise and last -ill and testa&ent to Encarnacion Ne%ra, slo-l% and in a loud voice, in the presence of (ather $eodoro >arcia, =r. Moises B. Abad, =r. Eladio Aldecoa, $rinidad Ne%ra, and others, after -hich he as4ed her if their ter&s -ere in accordance -ith her -ishes, or if she -anted an% chan'e &ade in said docu&ents5 that Encarnacion Ne%ra did not su''est an% chan'e, and as4ed for the pad and the t-o docu&ents, and, -ith the help of a son of $rinidad, placed her thu&b&ar4 at the foot of each one of the t-o docu&ents, in duplicate, on her bed in the sala, in the presence of attestin' -itnesses, =r. Moises B. Abad, =r. Eladio R. Aldecoa and Att%. Ale1andro M. Panis, after -hich said -itnesses si'ned at the foot of the -ill, in the presence of Encarnacion Ne%ra, and of each other. $he a'ree&ent -as also si'ned b% $rinidad Ne%ra, as part%, and b% =r. M. B. Abad and Eusta/uio MendoAa, a prote'e, as -itnesses. (ather $eodoro >arcia -as also present at the si'nin' of the t-o docu&ents, at the re/uest of Encarnacion Ne%ra. $he fore'oin' facts have been established b% the -itnesses presented b% $rinidad Ne%ra, -ho are all trust-orth% &en, and -ho had absolutel% no interest in the final outco&e of this case. $-o of the& are &inisters of the >ospel, -hile three of the attestin' -itnesses are professional &en of irreproachable character, -ho had 4no-n and seen and actuall% tal4ed to the testatri0. Petitioner $eodora Ne%ra, half sister of Encarnacion, and her young dau'hter Ceferina de la CruA, and Presentacion Blanco, dau'hter of petitioner Maria :acobo @da. de Blanco, substantiall% corroborated the testi&on% of the -itnesses presented b% $rinidad Ne%ra, -ith reference to the si'nin' of docu&ents, in the bedroo& of Encarnacion Ne%ra, in the afternoon of Nove&ber #, !"62. $eodora Ne%ra, Presentacion Blanco and Ceferina de la CruA testified, ho-ever, that -hen the thu&b&ar4 of Encarnacion Ne%ra -as affi0ed to the a'ree&ent in /uestion, dated Nove&ber #, !"62, she -as sleepin' on her bed in the sala5 and that the attestin' -itnesses -ere not present, as the% -ere in the caida. But Ceferina de la CruA also stated that the attestin' -itnesses si'ned the docu&ents thu&b&ar4ed b% Encarnacion Ne%ra, in the sala near her bed, thus contradictin' herself and $eodora Ne%ra and Presentacion Blanco. .tran'e to sa%, $eodora Ne%ra, Presentacion Blanco and Ceferina de la CruA also testified that Encarnacion Ne%ra8s, thu&b&ar4 -as affi0ed to the -ill, onl% in the &ornin' of Nove&ber 6, !"62, b% $rinidad Ne%ra and one )ldefonso del Barrio, -hen Encarnacion -as alread% dead. $he testi&on% of =r. =ionisio Parulan, alle'ed &edical e0pert, as to the nature of effects of Addison8s disease, is absolutel% unreliable. Ce had never seen or tal4ed to the testatri0 Encarnacion Ne%ra. Accordin' to &edical authorities, persons sufferin' fro& Addison8s disease often live as lon' as ten *!2, %ears, -hile others die after a fe- -ee4s onl%, and that as the disease pro'resses, asthenia sets in, and fro& 72 per cent to "2 per cent of the patients develop tuberculosis, and co&plications of the heart also appear. *Cecil, $e0tboo4 of Medicine, #d ed., !"# , pp. !2 2-!2 #5 McCrae, Osler8s Modern Medicine, #d ed., @ol. @, pp. 232-23"., And it has been conclusivel% sho-n that Encarnacion Ne%ra died on Nove&ber 6, !"62, due to a heart attac4, at the a'e of 67, after an illness of about t-o *2, %ears. )n connection -ith &ental capacit%, in several cases, this court has considered the testi&on% of -itnesses, -ho had 4no-n and tal4ed to the testators, &ore trust-orth% than the testi&on% of the alle'ed &edical e0perts. )nso&nia, in spite of the testi&on% of t-o doctors, -ho testified for the opponents to the probate of a -ill, to the effect that it tended to destro% &ental capacit%, -as held not to effect the full possession of &ental faculties dee&ed necessar% and sufficient for its e0ecution. *Ca'uioa vs. Calderon, 22 Phil., 622., $he testatri0 -as held to have been compos mentis, in spite of the ph%sician8s testi&on% to the contrar%, to the effect that she -as ver% -ea4, bein' in the third or last sta'e of tuberculosis. *Dap $ua vs. Dap Ca Euan and Dap Ca 9lu, 23 Phil., 3"., $he testi&on% of the attendin' ph%sician that the deceased -as sufferin' fro& diabetes and had been in a co&atose condition for several da%s, prior to his death, -as held not sufficient to establish testa&entar% incapacit%, in vie- of the positive state&ent of several credible -itnesses that he -as conscious and able to understand -hat -as said to hi& and to co&&unicate his desires. *.a&son vs. Corrales $an Buintin, 66 Phil., 3#., Fhere the &ind of the testator is in perfectl% sound condition, neither old a'e, nor ill health, nor the fact that so&ebod% had to 'uide his hand in order that he &i'ht si'n, is sufficient to invalidate his -ill *A&ata and Al&o1uela vs. $abliAo, 67 Phil., 67 ., Fhere it appears that a few hours and also a fe- da%s after the e0ecution of the -ill, the testator intelli'entl% and intelli'ibl% conversed -ith other persons, althou'h l%in' do-n and unable to &ove or stand up unassisted, but could still effect the sale of propert% belon'in' to hi&, these circu&stances sho- that the testator -as in a perfectl% sound &ental condition at the ti&e of the e0ecution of the -ill. *A&ata and Al&o1uela vs. $abliAo, 67 Phil., 67 ., Presentacion Blanco, in the course of her cross-e0a&ination, fran4l% ad&itted that, in the &ornin' and also at about < o8cloc4 in he afternoon of Nove&ber #, !"62, Encarnacion Ne%ra tal4ed to her that the% understood each other clearl%, thus sho-in' that the testatri0 -as reall% of sound &ind, at the ti&e of si'nin' and e0ecution of the a'ree&ent and -ill in /uestion.

)t &a%, therefore, be reasonabl% concluded that the &ental faculties of persons sufferin' fro& Addison8s disease, li4e the testatri0 in this case, re&ain uni&paired, partl% due to the fact that, on account of the sleep the% en1o%, the% necessaril% receive the benefit of ph%sical and &ental rest. And that li4e patients sufferin' fro& tuberculosis, inso&nia or diabetes, the% preserve their &ental faculties until the &o&ents of their death. :ud'in' b% the authorities above cited, the lo'ical conclusion is that Encarnacion Ne%ra -as of sound &ind and possessed the necessar% testa&entar% and &ental capacit%, at the ti&e of the e0ecution of the a'ree&ent and -ill, dated Nove&ber #, !"62. $he contention that the attestin' -itnesses -ere not present, at the ti&e Encarnacion Ne%ra thu&b&ar4ed the a'ree&ent and -ill in /uestion, on her bed, in the sala of the house, as the% -ere alle'edl% in the caida, is untenable. )t has been full% sho-n that said -itnesses -ere present, at the ti&e of the si'nin' and e0ecution of the a'ree&ent and -ill in /uestion, in the sala, -here the testatri0 -as l%in' on her bed. $he true test is not -hether the% actuall% sa- each other at the ti&e of the si'nin' of the docu&ents, but -hether the% &i'ht have seen each other si'n, had the% chosen to do so5 and the attestin' -itnesses actuall% sa- it all in this case. *:aboneta vs. >ustilo, Phil., 6!., And the thu&b&ar4 placed b% the testatri0 on the a'ree&ent and -ill in /uestion is e/uivalent to her si'nature. *Dap $ua vs. Dap Ca Euan and Dap Ca 9lu, 23 Phil., 3"., $eodora Ne%ra and her principal -itnesses are all interested parties, as the% are children of le'atees na&ed in the -ill, dated .epte&ber !6, !"#", but eli&inated fro& the -ill, dated Nove&ber #, !"62. (urther&ore, the testi&on% of $eodora Ne%ra and her -itnesses, to the effect that there could have been no reconciliation bet-een the t-o sisters, and that the thu&b&ar4 of Encarnacion Ne%ra -as affi0ed to the docu&ents e&bod%in' the a'ree&ent, -hile she -as sleepin', on Nove&ber #, !"62, in their presence5 and that her thu&b&ar4 -as affi0ed to the -ill in /uestion, -hen she -as alread% dead, in the &ornin' of Nove&ber 6, !"62, -ithin their vie-, is absolutel% devoid of an% se&blance of truth. .aid testi&on% is contrar% to co&&on sense. )t violates all sense of proportion. $eodora Ne%ra and her -itnesses could not have told the truth5 the% have testified to deliberate falsefoods5 and the% are, therefore, absolutel% un-orth% of belief. And to the evidence of the petitioners is co&pletel% applicable the le'al aphoris& G falsus in uno, falsus in omnibus. *>onAales vs. Mauricio, # Phil., 327, 3# ., $o sho- the alle'ed i&probabilit% of reconciliation, and the e0ecution of the t-o docu&ents, dated Nove&ber #, !"62, petitioners have erroneousl% placed 'reat e&phasis on the fact that, up to October #!, !"62, the t-o sisters Encarnacion and $rinidad Ne%ra -ere bitter ene&ies. $he% -ere ban4in' evidentl% on the co&&on belief that the hatred of relatives is the &ost violent. $errible indeed are the feuds of relatives and difficult the reconciliation5 and %et not i&possible. $he% had for'otten that Encarnacion Ne%ra -as a reli'ious -o&an instructed in the ancient virtues of the Christian faith, and hope and charit%, and that to for'ive is a divine attribute. $he% had also for'otten that there could be no &ore subli&e love than that e&bal&ed in tears, as in the case of a reconciliation. )t -as &ost natural that there should have been reconciliation bet-een the t-o sisters, Encarnacion and $rinidad Ne%ra, as the latter is the nearest relative of the for&er, her onl% sister of the -hole blood. $he approach of i&&inent death &ust have evo4ed in her the tenderest recollections of fa&il% life. And believin' perhaps that her little triu&phs had not al-a%s brou'ht her happiness, and that she had al-a%s been 1ust to her sister, -ho had been de&andin' insistentl% -hat -as her due, Encarnacion finall% decided upon reconciliation, as she did not -ant to 'o to her eternal rest, -ith hatred in her heart or -rath upon her head. )t -as, therefore, &ost lo'ical that Encarnacion should &a4e $rinidad the benificiar% of her 'enerosit%, under her last -ill and testa&ent, and end all her troubles -ith her, b% e0ecutin' said a'ree&ent, and thus depart in perfect peace fro& the scenes of her earthl% labors. )t havin' been sho-n that the said co&pro&ise or a'ree&ent had been le'all% si'ned and e0ecuted b% Encarnacion Ne%ra on Nove&ber #, !"62, in the presence of credible and trust-orth% -itnesses, and that she -as compos mentis and possessed the necessar% testa&entar% and &ental capacit% of the ti&e5 the petition for the reconsideration filed b% Att%. 9ucio :avillonar, on Nove&ber 2#, !"62, on behalf of a client, Encarnacion Ne%ra, -ho had been dead since Nove&ber 6, !"62, and so&e of her relatives, -ho have appeared, in accordance -ith the provisions of section !3 of Rule # of the Rules of Court, is hereb% denied5 and the decision of the Court of Appeals for Manila, dated Nove&ber !2, !"62, dis&issin' the appeal, is hereby re-affirmed, -ithout costs. .o ordered. !aeta, Perfecto, "ilado, and #eng!on, JJ., concur.