Professional Documents
Culture Documents
21 Balonan v. Abellana
21 Balonan v. Abellana
360
LABRADOR, J.:
http://www.central.com.ph/sfsreader/session/00000165d16b62a22ec1f794003600fb002c009e/p/ASH733/?username=Guest Page 1 of 5
PHILIPPINE REPORTS ANNOTATED VOLUME 109 13/09/2018, 1*35 PM
"It appears on record that the last Will and Testament (Exhibit 'A'),
which is sought to be probated, is written in the Spanish language
and consists of two (2) typewritten pages (pages 4 and 5 of the
record) double space. The first page is signed by Juan Bello and
under his name appears typewritten 'Por la testadora Anacleta
Abellana, residence Certificate A-1167629, Enero 20, 1951, Ciudad
de Zamboanga', and on the second page appears the signature of
the three (3) instrumental witnesses Blas Sebastian, Faustino
Macaso and Rafael Ignacio, at the bottom of which appears the
signature of T. de los Santos and below his signature is his official
designation as the notary public who notarized the said testament.
On the first page on the left margin of the said instru-
361
http://www.central.com.ph/sfsreader/session/00000165d16b62a22ec1f794003600fb002c009e/p/ASH733/?username=Guest Page 2 of 5
PHILIPPINE REPORTS ANNOTATED VOLUME 109 13/09/2018, 1*35 PM
Note that the old law as well as the new require that the
testator himself sign the will, or if he cannot do so, the
testator's name must be written by some other person
362
"It will be noticed from the above-quoted section 618 of the Code of
Civil Procedure that where the testator does not know how, or is
http://www.central.com.ph/sfsreader/session/00000165d16b62a22ec1f794003600fb002c009e/p/ASH733/?username=Guest Page 3 of 5
PHILIPPINE REPORTS ANNOTATED VOLUME 109 13/09/2018, 1*35 PM
The same ruling was laid down in the case of Cuison vs.
Concepcion, 5 Phil., 552. In the case of Barut vs.
Cabacungan, 21 Phil., 461, we held that the important
thing is that it clearly appears that the name of the
testatrix was signed at her express direction; it is
unimportant whether the person who writes the name of
the testatrix signs his own or not. Cases of the same import
are as follows: (Ex Parte Juan Ondevilla, 13 Phil., 479,
Caluya vs. Domingo, 27 Phil., 330; Garcia vs. Lacuesta, 90
Phil., 489).
363
http://www.central.com.ph/sfsreader/session/00000165d16b62a22ec1f794003600fb002c009e/p/ASH733/?username=Guest Page 4 of 5
PHILIPPINE REPORTS ANNOTATED VOLUME 109 13/09/2018, 1*35 PM
_______________
http://www.central.com.ph/sfsreader/session/00000165d16b62a22ec1f794003600fb002c009e/p/ASH733/?username=Guest Page 5 of 5