Estate of Abada v.

Abaja
G.R. No. 147145, 31 January 2005
FACTS:
Abada died sometime in May 1940. His widow Paula Toray ("Toray") died
sometime in September 1943. Both died without legitimate children. Alipio C. Abaja filed
with the then Court of First Instance of Negros Occidental (now RTC-Kabankalan) a
petition for the probate of the last will and testament ("will") of Abada. Abada allegedly
named as his testamentary heirs his natural children Eulogio Abaja and Rosario
Cordova. Nicanor Caponong opposed the petition on the ground that Abada left no will
when he died in 1940. Alipio filed another petition before the RTC-Kabankalan for the
probate of the last will and testament of Toray. Caponong filed a petition before the
RTC-Kabankalan praying for the issuance in his name of letters of administration of the
intestate estate of Abada and Toray. RTC-Kabankalan designated Belinda Caponong-
Noble ("Caponong- Noble") Special Administratrix of the estate of Abada and Toray.
RTC admitted and allowed the probate of the Last Will and Testament of Alipio Abada

ISSUE: Whether or not the last will of Abada be admitted to probate.

HELD:
YES. The notary and two of the witnesses who authenticate the will must be
acquainted with the testator, or, should they not know him, he shall be identified by two
witnesses who are acquainted with him and are known to the notary and to the attesting
witnesses. The notary and the witnesses shall also endeavor to assure themselves that
the testator has, in their judgment, the legal capacity required to make a will. However,
the Code of Civil Procedure repealed Article 685 of the Old Civil Code. Under the Code
of Civil Procedure, the intervention of a notary is not necessary in the execution of any
will. Therefore, Abada’s will does not require acknowledgement before a notary public.
Furthermore, the Court agrees with the appellate court in applying the rule on
substantial compliance in determining the number of witnesses. While the attestation
clause does not state the number of witnesses, a close inspection of the will shows that
three witnesses signed it. We rule to apply the liberal construction in the probate of
Abada’s will. Abada’s will clearly shows four signatures: that of Abada and of three other
persons.