Beruflich Dokumente
Kultur Dokumente
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* FIRST DIVISION.
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nessed and signed the will and all the pages thereof in the presence
of the testator and of one another. If the attestation clause is in a
language not known to the witnesses, it shall be interpreted to
them. Art. 806. Every will must be acknowledged before a notary
public by the testator and the witnesses. The notary public shall not
be required to retain a copy of the will, or file another with the
Office of the Clerk of Court.
Same; Same; Same; The state of being forgetful does not
necessarily make a person mentally unsound so as to render him
unfit to execute a Will.·We agree with the position of the CA that
the state of being forgetful does not necessarily make a person
mentally unsound so as to render him unfit to execute a Will.
Forgetfulness is not equivalent to being of unsound mind. Besides,
Article 799 of the New Civil Code states: Art. 799. To be of sound
mind, it is not necessary that the testator be in full possession of all
his reasoning faculties, or that his mind be wholly unbroken,
unimpaired, or unshattered by disease, injury or other cause. It
shall be sufficient if the testator was able at the time of making the
will to know the nature of the estate to be disposed of, the proper
objects of his bounty, and the character of the testamentary act.
Same; Same; Same; A purported will is not to be denied
legalization on dubious grounds. Otherwise, the very institution of
testamentary succession will be shaken to its foundation, for even if
a will has been duly executed in fact, whether it will be probated
would have to depend largely on the attitude of those interested in
the estate of the deceased.·It is worth stressing that bare
arguments, no matter how forceful, if not based on concrete and
substantial evidence cannot suffice to move the Court to uphold said
allegations. Furthermore, „a purported will is not [to be] denied
legalization on dubious grounds. Otherwise, the very institution of
testamentary succession will be shaken to its foundation, for even if
a will has been duly executed in fact, whether x x x it will be
probated would have to depend largely on the attitude of those
interested in [the estate of the deceased].‰
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DEL CASTILLO, J.:
It is incumbent upon those who oppose the probate of a
will to clearly establish that the decedent was not of sound
and disposing mind at the time of the execution of said will.
Otherwise, the state is duty-bound to give full effect to the
wishes of the testator to distribute his estate in the manner
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1 Gonzales Vda. de Precilla v. Narciso, 150-B Phil. 437, 473; 46 SCRA
538, 565 (1972).
2 Rollo, pp. 9-31.
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3 CA Rollo, pp. 177-192; penned by Associate Justice Andres B. Reyes,
Jr. and concurred in by Associate Justices Hakim S. Abdulwahid and
Vicente Q. Roxas.
4 Records, pp. 220-246; penned by Judge Jonel S. Mercado.
5 CA Rollo, p. 192.
6 Id., at p. 212.
7 Exhibit „G,‰ Folder of Exhibits, pp. 36-39.
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„x x x x
Fourth·In consideration of their valuable services to me since
then up to the present by the spouses LORENZO LAXA and
CORAZON F. LAXA, I hereby BEQUEATH, CONVEY and GIVE all
my properties enumerated in parcels 1 to 5 unto the spouses
LORENZO R. LAXA and CORAZON F. LAXA and their children,
LUNA LORELLA LAXA and KATHERINE LAXA, and the spouses
Lorenzo R. Laxa and Corazon F. Laxa both of legal age, Filipinos,
presently residing at Barrio Sta. Monica, [Sasmuan], Pampanga
and their children, LUNA LORELLA and KATHERINE ROSS
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LAXA, who are still not of legal age and living with their parents
who would decide to bequeath since they are the children of the
spouses;
xxxx
[Sixth]·Should other properties of mine may be discovered aside
from the properties mentioned in this last will and testament, I am
also bequeathing and giving the same to the spouses Lorenzo R.
Laxa and Corazon F. Laxa and their two children and I also
command them to offer masses yearly for the repose of my soul and
that of D[ñ]a Nicomeda Regala, Epifania Regala and their spouses
and
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8 Exhibit „G-11,‰ id., at p. 38.
9 Exhibits „G-9,‰ „G-10,‰ and „G-11,‰ id., at pp. 36, 37 and 39.
10 Exhibit „G-6,‰ id., at p. 38.
11 Exhibits „G-4,‰ „G-5,‰ and „G-7,‰ id., at pp. 36, 37 and 39.
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12 English Translation of the Last Will and Testament of Miss
Paciencia Regala, Exhibits „H-1‰ and „H-2,‰ id., at pp. 41-42.
13 TSN dated April 18, 2001, pp. 2-6.
14 Records, pp. 1-3.
15 Id., at pp. 13-14.
16 TSN dated June 22, 2000, p. 2.
17 Id., at p. 5.
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18 Id., at pp. 2-4.
19 Id., at p. 3.
20 Id., at p. 2.
21 Id., at p. 6.
22 Motion with Leave of Court to Admit Instant Opposition to Petition
of Lorenzo Laxa; records, pp. 17-18.
23 Id., at p. 17.
24 Id., at pp. 25-28.
25 Article 1049. Acceptance may be express or tacit.
xxxx
Acts of mere preservation or provisional administration do not imply
an acceptance of the inheritance if, through such acts, the title or
capacity of an heir has not been assumed.
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26 Records, p. 26.
27 Id., at p. 27.
28 Id., at pp. 42-43.
29 Id., at pp. 44-45.
30 Id., at p. 52.
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31 TSN dated January 18, 2001, pp. 2-4.
32 Id., at pp. 5-6.
33 TSN dated April 18, 2001, pp. 1- 28.
34 Id., at pp. 9-15.
35 Id., at pp. 16-17.
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shortly after her arrival in the USA but that he saw a copy
of the Will only after her death.36
As to Francisco, he could no longer be presented in court
as he already died on May 21, 2000.
For petitioners, Rosie testified that her mother and
Paciencia were first cousins.37 She claimed to have helped
in the household chores in the house of Paciencia thereby
allowing her to stay therein from morning until evening
and that during the period of her service in the said
household, LorenzoÊs wife and his children were staying in
the same house.38 She served in the said household from
1980 until PacienciaÊs departure for the USA on September
19, 1981.39On September 13, 1981, Rosie claimed that she
saw Faustino bring „something‰ for Paciencia to sign at the
latterÊs house.40 Rosie admitted, though, that she did not
see what that „something‰ was as same was placed inside
an envelope.41 However, she remembered Paciencia
instructing Faustino to first look for money before she signs
them.42 A few days after or on September 16, 1981,
Paciencia went to the house of AntonioÊs mother and
brought with her the said envelope.43 Upon going home,
however, the envelope was no longer with Paciencia.44
Rosie further testified that Paciencia was referred to as
„magulyan‰ or „forgetful‰ because she would sometimes
leave her wallet in the kitchen then start looking for it
moments later.45 On cross examination, it was established
that Rosie was neither a doctor nor a psychiatrist,
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36 Id., at pp. 24-25.
37 TSN dated November 27, 2002, p. 4.
38 Id., at p. 5.
39 TSN dated December 4, 2002, p. 8.
40 Id., at pp. 2-3.
41 Id., at p. 4.
42 Id.
43 Id., at p. 7.
44 Id., at p. 8.
45 Id., at p. 9.
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46 Id., at p. 10.
47 Id., at p. 11.
48 TSN dated January 7, 2003, p. 3.
49 Id., at pp. 6-8.
50 Id., at p. 12.
51 Id., at p. 11.
52 Id., at p. 16.
53 Id., at p. 17.
54 Id.
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55 Id., at pp. 18-19.
56 Records, pp. 220-246.
57 Id., at p. 246.
58 Id., at pp. 245-246.
59 CA Rollo, p. 185.
60 Id., at p. 188.
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Issues
I.
THE HONORABLE COURT OF APPEALS SERIOUSLY ERRED
WHEN IT ALLOWED THE PROBATE OF PACIENCIAÊS WILL
DESPITE RESPONDENTÊS UTTER FAILURE TO COMPLY WITH
SECTION 11, RULE 76 OF THE RULES OF COURT;
II.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN
MAKING CONCLUSIONS NOT IN ACCORDANCE WITH THE
EVIDENCE ON RECORD;
III.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN
RULING THAT PETITIONERS FAILED TO PROVE THAT
PACIENCIA WAS NOT OF SOUND MIND AT THE TIME THE
WILL WAS ALLEGEDLY EXECUTED63
Our Ruling
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61 Id., at pp. 193-199.
62 Id., at p. 212.
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63 Rollo, p. 18.
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Rule 75
Production of Will. Allowance of
Will Necessary.
„Section 1. Allowance necessary. Conclusive as to execution.·
No will shall pass either real or personal estate unless it is proved
and allowed in the proper court. Subject to the right of appeal, such
allowance of the will shall be conclusive as to its due execution.‰
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64 Pastor, Jr. v. Court of Appeals, 207 Phil. 758, 766; 122 SCRA 885, 897
(1983).
65 Id.
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The attestation shall state the number of pages used upon which
the will is written, and the fact that the testator signed the will and
every page thereof, or caused some other person to write his name,
under his express direction, in the presence of the instrumental
witnesses, and that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of one another.
If the attestation clause is in a language not known to the
witnesses, it shall be interpreted to them.
Art. 806. Every will must be acknowledged before a notary
public by the testator and the witnesses. The notary public shall not
be required to retain a copy of the will, or file another with the
Office of the Clerk of Court.‰
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and to his two (2) children. A third child was born after the
execution of the will and was not included therein as devisee.70
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70 CA Rollo, pp. 185-186.
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RULE 76
Allowance or Disallowance of Will
„Section 11. Subscribing witnesses produced or accounted for
where will contested.·If the will is contested, all the subscribing
witnesses, and the notary in the case of wills executed under the
Civil Code of the Philippines, if present in the Philippines and not
insane, must be produced and examined, and the death, absence, or
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71 Gonzales Vda. de Precilla v. Narciso, supra note 1 at p. 445; pp. 542-543.
72 Id., at p. 474; pp. 565-566.
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the evidence presented that the will was executed and attested in
the manner required by law.
If a holographic will is contested, the same shall be allowed if at
least three (3) witnesses who know the handwriting of the testator
explicitly declare that the will and the signature are in the
handwriting of the testator; in the absence of any competent
witnesses, and if the court deem it necessary, expert testimony may
be resorted to.‰ (Emphasis supplied.)
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73 Id., at p. 452; p. 548.
74 Id., at p. 453; p. 548.
75 Id., at p. 473; p. 565.
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··o0o··
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