TESTATE ESTATE OF THE LATE ALIPIO ABADA v.

ALIPIO
ABAJA
G.R. NO. 147145 : January 31, 25
!ARPIO, J.:
Fa"#$ %& #'( !a$(:
Abada died sometime in May 1940.

Abada allegedly named as his
testamentary heirs his natural children Eulogio Abaja and Rosario Cordova.
Alipio is the son o Eulogio. !he oppositors are the nephe"s# nieces and
grandchildren o Abada and !oray. !hey opposed the petition on the ground
that Abada let no "ill "hen he died in 1940. !hey urther alleged that the
"ill# i Abada really e$ecuted it# should be disallo"ed or the ollo"ing
reasons% &1' it "as not e$ecuted and attested as re(uired by la") &*' it "as
not intended as the last "ill o the testator) and &+' it "as procured by undue
and improper pressure and inluence on the part o the beneiciaries. ,n an
-rder dated 14 August 19.1# the R!C/0aban1alan admitted to probate the
"ill o !oray. 2ince the oppositors did not ile any motion or
reconsideration# the order allo"ing the probate o !oray3s "ill became inal
and e$ecutory. 4ot satisied "ith the Resolution# Caponong/4oble iled a
notice o appeal.
I$$u($ %& #'( !a$(:
5hether the "ill should be disallo"ed or not complying "ith the
ormalities re(uired by la".
Ru)*n+ %& #'( !%ur#:
!he "ill should be allo"ed or having complied "ith the ormalities
re(uired by la". -ppositor asserts that the "ill o Abada does not indicate
that it is "ritten in a language or dialect 1no"n to the testator. 6urther# she
maintains that the "ill is not ac1no"ledged beore a notary public. 2he
points out that no"here in the "ill can one discern that Abada 1ne" the
2panish language. 2he alleges that such deect is atal and must result in the
,*$a))%-an"( %& #'( -*)). -n this issue# the Court o Appeals held that the
matter "as not raised in the motion to dismiss# and that it is no" too late to
raise the issue on appeal. 5e agree that the doctrine o estoppel does not
apply in probate proceedings. ,n addition# the language used in the "ill is
part o the re(uisites under 2ection 71. o the Code o Civil 8rocedure and
the Court deems it proper to pass upon this issue. 4evertheless# the
contention must still ail. !here is no statutory re(uirement to state in the
"ill itsel that the testator 1ne" the language or dialect used in the "ill. !his
is a matter that a party may establish by proo aliunde. -ppositor urther
argues that Alipio# in his testimony# has ailed# among others# to sho" that
Abada 1ne" or understood the contents o the "ill and the 2panish language
used in the "ill. 9o"ever# Alipio testiied that Abada used to gather
2panish/spea1ing people in their place. ,n these gatherings# Abada and his
companions "ould tal1 in the 2panish language. !his suiciently proves that
Abada spea1s the 2panish language.