Lucio Balonan Vs Eusebia Abellana

G.R. No. L-15153 August 31,1960

Facts:
A two-page will left by the testatrix Anacleta Abellana was sought to be probated. The will was written
in Spanish Language. The first page was signed by the witnesses on the left margin and by a certain
Dr. Juan Bello at the bottom. Under the name of Juan Bello appears the phrase "for the testarix
Anacleta Abellana". On the second page appears the same signature of Juan Bello with the same
phrase appearing under his name.
The Court of First Instance admitted the will to probate. Aggrieved, Eusebia Abellana appealed to the
Court of Appeals, who then reversed the lower court's decision.
Issue:
Whether the signature of Juan Bello is a compliance to the requirements of the law.
Held:
The Supreme Court ruled that there was no valid compliance.
Article 805 of the Civil Code provides that every will, other than a holographic will, must be
subscribed at the end thereof by the testator himself or by the testator's name written by some other
person in his presence, and by his express direction, and attested and subscribed by three or more
credible witness in the presence of the testator and of one another.
In the case at bar the name of the testatrix, Anacleta Abellana, does not appear written under the will
by said Abellana herself, or by Dr. Juan Abello. There is, therefore, a failure to comply with the express
requirement in the law that the testator must himself sign the will, or that his name be affixed thereto
by some other person in his presence and by his express direction.
Thus, the will was not admitted to probate.