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IN RE PROBATE OF THE WILL OF GABINA RAQUEL

Aurea Matias vs Basilia Salud L-10751

Case Flow:
Aurea Matias (petitioner) The one bequeathed
with most of the properties in the will for taking
care of the testator for more than 30 years.
(Winner ni sya diri)
VS
Basilia Salud (Respondent) Di sya mosugot kay
gamay ra iyang nadawat.
- Aurea Matias initiated probate
proceeding of the will of Gabina Raquel.
- Basilia Salud opposed.
- RTC denied Probate kay nagtuo sya sa
expert findings.
- NO COURT OF APPEALS in this case
- SC Reversed and set the will in probate.

Facts:
- Gabina Raquel, the testator in this case was suffering from Herpes Zoster at the time of the
execution of the will in question.
- In executing the will, she attempted to sign it, but due to the pain brought about by the
disease, she only managed to thumbmark (smudge in violet ink, with blurred ridgelines) the
foot of the document and the left margin on each page accompanied by the words written
"Gabina Raquel" and underneath "by Lourdes Samonte"

Salud raised three contentions. “Di na ta mag Issue Issue kay mao na na ang issue diri na case”
nyaahahah. W/N the will is valid.

Procedure: Nidirecho na ang petitioner sa SC for review kay sobra kuno 50,000 pesos ang under
litigation. (Murag wala pa CA aning panahuna) Mao ni ilang ingon oh:
From the adverse decision of the trial court, the proponent appealed directly to this Court, because
the value of the properties involved in the litigation exceeded P50,000.

1. There are irregularities in the finger mark and
signature appearing below the finger mark, as
found up by an expert.
2. The failure of the petitioner to present the
subscribing witness Modesta Gonzales in
contravention to Sec. 11 Rule 77 of the Rules of
Court.
3. Having said that the finger mark is not valid
for the absence of identifying ridgelines, the
signing by another person on behalf of the
testator must be included in the attestation
clause.
As to the irregularities of the signature base on
expert findings, the court is not convinced given
the circumstances that happened during the
execution wherein they had to stop said execution
for around 10 to 20 minutes in order for the
testator Raquel Gabina to be relieved of pain from
her illness. The court is convinced that this delay
explains the irregularities found by the expert
Capt. Jose Fernandez. (check sa ilalom regarding
sa irregularities)
As to the failure to present the witness Modesta
Gonzales, the petitioners were able to satisfy the
court with two doctors' testimony that the said
witness is suffering from hypertension, and that a
little excitement may cause the witness to die,
hence cannot be risked to be presented on the
witness stand. (The petitioners were not hiding
the whereabouts of the said witness)
As to the clarity of the ridge impressions, it is so
dependent on aleatory requirements as to
require dexterity that can be expected of very
few persons; testators should not be required to
possess the skill of trained officers.
And as to the validity of the thumbprints as
signature, the SC held that it has been held in a
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long line of cases that a thumbprint is always a

valid and sufficient signature for the purpose of
complying with the requirement of the article.
Having established that the fingermark is valid in
this case, the failure to include the writing by
another person of the name of the testator in her
behalf and in her presence in the attestation
clause does not affect the validity of the will.
Add ons:
It is to be conceded that where a testator employs an unfamiliar way of signing, and both the
attestation clause and the will are silent on the matter, such silence is a factor to be considered
against the authenticity of the testament; but the failure to describe the unusual signature by itself
alone is not sufficient to refuse probate where the evidence for the proponent fully satisfies the court
(as it satisfy us in this case) that the will was executed and witnessed as required by law.

Dili jud ni sya mao ang main Issue, ako ra gidungag in kaso mangutana si madame….

Basis of expert testimony of captain Jose Fernandez. He stated the following observations:

1. Fingerprints appear after the name was written contrary to the statement of the witness;

2. That the words "Gabina Raquel by Lourdes Samonte" were falsified;

3. The person who wrote "Gabina Raquel by Lourdes Samonte" is different from the person who
wrote "Lourdes Samonte"

4. The writing of the signature were done on the reverse

5. The pen used in signing at the foot of the will has separated nibs, while the other signatures
were written with round point pen. (Contrary to the contention of the petitioners that only one pen was
used.