Professional Documents
Culture Documents
Manner of signing
- Deceased: Mercado
o Executed will in Ilocano
sgd by Atty Javier who wrote Mercado’s name: “A reugo del testator”
Mercado wrote cross immediately after name
- CFI: probate OK
- CA: denied probate
o Attestation clause failed to certify that will sgd on all left margins of three pages and at end by Atty at
express request of Mercado; that after signing, Mercado wrote cross; that three witnesses sgd will in all
pages in presence of each other
- SC:
o No probate
Attestation clause fatally defective
Failed to state Mercado cause ATty to write name under express direction || Civ Pro
Cross not usual signature nor even one of the ways by which he signed
o After mature reflection, court not prepared to liken mere sign of cross to
thumbmark—cross not as trustworthy as thumbmark
o AFFIRMED. Costs against Garcia
- Will executed
o In large room
o Connecting with smaller room by doorway across which hung a curtain
Subscribing witness in small room
With testator and other witnesses when they attached
- TC:
o Rimando: [witness did not see signing]
o || Jaboneta v Gustilo: True test of presence of tor and witnesses in execution of will not whether they
actually saw each other sign, but whether they might have seen each other sign, had they chosen to do
so, considering their mental and physical condition and position with relation to each other at the
moment of inscription of each signature
o Admitted probate of will
- SC:
o That witness in outer room when testator and other witnesses signed not sufficient to invalidate
execution of will
Must note position of parties with relation to other at moment of subscription of each signature
Must see each other sign if they choose to do so
o AFFIRMED.
Celsio Icasiano, ee, v Natividad Icasiano, Enrique Icasiano, opp-ant (1964, Reyes, JBL)
Art 809. In the absence of bad faith, forgery or fraud or undue and improper pressure and influence,
defects and imperfections in the form of attestation or in the language used therein
shall not render the will invalid
if it is proved that the will was in fact executed and attested
in substantial compliance with all the requirements of art 805
Disabled testators
Art 820. Any person of sound mind and of the age of 18 yrs or more,
and not blind, deaf or dumb
and able to read and write
may be a witness to the execution of a will mentioned in 805 of this Code
Art 822. If the witnesses attesting the execution of a will are competent at the time of attesting,
their becoming subsequently incompetent
shall not prevent the allowance of the will
- Deceased: Isabel, 85
o Nieces: Lutgardia, Rizalina
Lutgardia lived with Isabel prior death
o Will: Rizalina as principal beneficiary and executrix
Written two mos prior to death
Five pages (5 dahon) with attestation clause and acknowledgment of notary public
Heading: Pangalan
o Written signatures oof Orobia, Gimpaya, Gimpaya
Same appearing also on margins of other pages
Heading: Tirahan: Philamlife, Navotas, Navotas
Typewritten, in Tagalog
Burial; legacies; expenses; the rest and yet to be acquired to Lutgarda (pinalaki, inalagaan,
minahal na katulad ng isang tunay na anak)
- CFI, Rizal: Lutgarda: special proceedings for probate of will
o Rizalina opposed. Will not genuine, not executed and attested, no testamentary capacity; undue,
imporper influence and pressure
o Not OK. Not executed, attested || law; document not the will executed, dictated, sgd by decedent
- CA: reversed. Executed in presence of three witnesses || law. Probate OK
- SC:
o Rizalina: no proof that three w were credible (absolute requirement which must be complied with
before alleged last will and testament may be admitted to probate; there must be evidence on record
that witness has good standing, honest, upright, reputed to trustworthy, reliable; if not established,
testimony may not be favorably considered; competent =/= credible); prep of will unexpected and coincidental; Atty
Paraiso not furnished with names and residence of w to enable him to typ data into doc; typewritten lines under headings left blank; incredible
that Isable could have dictated will; Orubia not physically present; no undue importance to pictures as proof as will improperly executed ;
o Witnesses ok
Witnesses qualified
|| 820, 821
No requirement that witness testify initially or at any time during trial as to his good
standing, reputation, trustworthiness, reliability, honesty, uprightness in order that his
testimony may be believed and accepted
“credible” in cc =/= “credible” in Naturalization law (witnesses must prove good
standing in community, reputation for trustworthiness, reliableness, etc
o Probate instrumental witnesses not character witnesses
Merely attest execution of will or testmanet and affirm formalities
o Cases on naturalization witnesses not applicable
CA found that witnesses competent and credible || evidence
No disqualification pointed out
Lutgardia: “credible” = one who is not disqualified to testify; competent
Court:
o Competency determined by statute
o Credibility depends on appreciation of testimony and arises from belief and
conclusion of Court that witness is telling the truth
Rule: in order to be competent, comply with 820 and 821
For testimony to be credible, not mandatory that evidence be first established on record
that witnesses have good standing in community or honest or upright, etc
o Since presumption is that a person is such unless contrary established
o No duress, etc. Deceased still capacitated
o Immaterial when lawyer furnished with names and residence of witnesses prior to or on April 15, 61
+ presumption of regularity
o That lines left blank shows beyond cavil that witnesses all present in same occasion
o Orobia physically present
Calling photographer Benjamin Cesar a minor mistake attributable to lapse of time
o …findings of fact of CA OK
o AFFIRMED. Costs against Rizalina
Agapita Cruz v Judge Villasor, CFI Cebu, Manuel Lugay (1973, Esguerra)