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VILLASOR
G.R. L-32213 November 26, 1973
Ponente: Esguerra, J.:
1. The CFI of Cebu allowed the probate of the last will and testament of the late Valent
Cruz. However, the pettoner opposed the allowance of the will alleging that it was
executed through fraud, deceit, misrepresentaton, and undue influence. He further
alleged that the instrument was executed without the testator having been informed of
its contents and finally, that it was not executed in accordance with law.
2. One of the witnesses, Angel Tevel Jr. was also the notary before whom the will was
acknowledged. Despite the objecton, the lower court admitted the will to probate on
the ground that there is substantal compliance with the legal requirements of having at
least 3 witnesses even if the notary public was one of them.
Issue: Whether or not the will is valid in accordance with Art. 805 and 806 of the NCC
HELD: NO.
The will is not valid. The notary public cannot be considered as the third instrumental
witness since he cannot acknowledge before himself his having signed the said will. An
acknowledging officer cannot serve as witness at the same tme.
Finally, the functon of a notary among others is to guard against any illegal or immoral
arrangements, a functon defeated if he were to be one of the attestng or instrumental
witnesses. He would be interested in sustaining the validity of the will as it directly
involves himself and the validity of his own act. he would be in an inconsistent positon,
thwartng the very purpose of the acknowledgment, which is to minimize fraud.