Professional Documents
Culture Documents
RUBEN BALANE)
ARTICLES 774/776
Union Bank v. Santibanez
452 SCRA 228 | Abu
FACTS:
Edmund was not approved by the probate court, it was null and
void; hence, she was not liable to Union Bank under the joint
agreement.
Union Bank asserts that the obligation of the deceased had
passed to his legitimate heirs (Edmund and Florence) as provided
in Article 774 of the Civil Code; and that the unconditional signing
of the joint agreement estopped Florence, and that she cannot
deny her liability under the said document.
In her comment to the petition, Florence maintains that
Union Bank is trying to recover a sum of money from the deceased
Efraim Santibaez; thus the claim should have been filed with the
probate court. She points out that at the time of the execution of
the joint agreement there was already an existing probate
proceedings. She asserts that even if the agreement was
voluntarily executed by her and her brother Edmund, it should still
have been subjected to the approval of the court as it may
prejudice the estate, the heirs or third parties.
ISSUE:
W/N the claim of Union Bank should have been filed with the
probate court before which the testate estate of the late Efraim
Santibaez was pending. W/N the agreement between Edmund and
Florence (which was in effect, a partition of hte estate) was void
considering that it had not been approved by the probate court.
W/N there can be a valid partition among the heirs before the will is
probated.
HELD:
ARTICLE 77
HELD:
1. Yes. There is no dispute that Maria Uson, is the lawful wife of
Faustino Nebreda, former owner of the five parcels of lands
litigated in the present case. There is likewise no dispute that
Maria del Rosario, was merely a common-law wife with whom
she had four illegitimate children with the deceased. It likewise
appears that Faustino Nebreda died in 1945 much prior to the
effectivity of the new Civil Code. With this background, it is
evident that when Faustino Nebreda died in 1945 the five
parcels of land he was seized of at the time passed from the
moment of his death to his only heir, his widow Maria Uson (Art
777 NCC).As this Court aptly said, "The property belongs to the
heirs at the moment of the death of the ancestor as completely
as if the ancestor had executed and delivered to them a deed
for the same before his death". From that moment, therefore,
the rights of inheritance of Maria Uson over the lands in
question became vested.
The claim of the defendants that Maria Uson had
relinquished her right over the lands in question because she
expressly renounced to inherit any future property that her
husband may acquire and leave upon his death in the deed of
separation, cannot be entertained for the simple reason that
future inheritance cannot be the subject of a contract nor can it
be renounced.
2. No. The provisions of the NCC shall be given retroactive
effect even though the event which gave rise to them may have
occurred under the prior legislation only if no vested rights are
impaired. Hence, since the right of ownership of Maria Uson
over the lands in question became vested in 1945 upon the
death of her late husband, the new right recognized by the new
Civil Code in favor of the illegitimate children of the deceased
FACTS:
ARTICLE 804
Suroza v. Honrado
110 SCRA 388 | Atcheco
FACTS:
Spouses Mauro Suroza and Marcelina Salvador, who were
childless, reared a boy named Agapito. Agapito and his wife Nenita
de Vera had a daughter named Lilia. Nenita became Agapitos
guardian when he became disabled. A certain Arsenia de la Cruz
also wanted to be his guardian in another proceeding but it was
dismissed. Arsenia then delivered a child named Marilyn Sy to
Marcelina who brought her up as a supposed daughter of Agapito.
Marilyn used the surname Suroza although not legally adopted by
Agapito. When Marcelina (who was an illiterate) was 73 years old,
she supposedly executed a notarial will which was in English and
thumbmarked by her. In the will, she allegedly bequeathed all her
properties to Marilyn. She also named as executrix her
laundrywoman, Marina Paje. Paje filed a petition for probate of
Marcelinas will. Judge Honrado appointed Paje as administratrix
and issued orders allowing the latter to withdraw money from the
savings account of Marcelina and Marilyn, and instructing the
testatrix, and which is probably a forged will because she and the
attesting witnesses did not appear before the notary as admitted
by the notary himself.
HELD:
YES. Respondent judge, on perusing the will and noting that
it was written in English and was thumbmarked by an obviously
illiterate testatrix, could have readily perceived that the will is void.
In the opening paragraph of the will, it was stated that English was
a language understood and known to the testatrix. But in its
concluding paragraph, it was stated that the will was read to the
testatrix and translated into Filipino language. That could only
mean that the will was written in a language not known to the
illiterate testatrix and, therefore, it is void because of the
mandatory provision of article 804 of the Civil Code that every will
must be executed in a language or dialect known to the testator.
The hasty preparation of the will is shown in the attestation
clause and notarial acknowledgment where Marcelina Salvador
Suroza is repeatedly referred to as the testator instead of
testatrix. Had respondent judge been careful and observant, he
could have noted not only the anomaly as to the language of the
will but also that there was something wrong in instituting the
supposed granddaughter as sole heiress and giving nothing at all to
her supposed father who was still alive. Furthermore, after the
hearing conducted by the deputy clerk of court, respondent judge
could have noticed that the notary was not presented as a witness.
In spite of the absence of an opposition, respondent judge should
have personally conducted the hearing on the probate of the will so
that he could have ascertained whether the will was validly
executed.
Noble v. Abaja
450 SCRA 265 | Bautista
FACTS:
The case is about the probate of the will of Alipio Abada (Not
respondent Abaja). Petitioner Belinda Noble is the administratrix of
the estate of Abada. Respondent Alipio Abaja filed a petition for the
probate of Abadas will. Petitioner Noble moved for dismissal of the
petition for probate.
ISSUE:
W/N the will was valid.
HELD:
ISSUE:
Was the dissimilarity in handwriting sufficient to deny probate of
the will?
HELD:
HELD:
Citing Jaboneta v. Gustilo, the court held that The true test
of presence of the testator and the witnesses in the execution of a
will is not whether they actually saw each other sign, but whether
they might have been seen each other sign, had they chosen to do
so, considering their mental and physical condition and position
Icasiano v. Icasiano
11 SCRA 422 | Dela Cuesta
FACTS:
Celso Icasiano filed a petition for the allowance and
admission to probate of the alleged will of Josefa Villacorte, and for
his appointment as executor thereof.
Natividad and Enrique
Icasiano, a daughter and son of the testatrix, filed their opposition
thereto. During the course of the trial, on 19 March 1959, Celso,
started to present his evidence. But later, on 1 June 1959, he then
filed an amended and supplemental petition, alleging that the
decedent had left a will executed in duplicate and with all the legal
requirements, and that he was submitting the duplicate to the
court, which he found only on 26 May 1959. Natividad and Enrique
filed their opposition, but the will and its duplicate was admitted to
probate by the trial court. Hence, this appeal by the oppositors.
Oppositors-appellants (Natividad and Enrique) in turn
introduced expert testimony to the effect that the signatures of the
testatrix in the duplicate are not genuine, nor were they written or
affixed on the same occasion as the original, and further aver that
ISSUE:
Was the trial court correct in admitting the will and its duplicate to
probate given the allegations of forgery of the testators signature,
or that the will was executed under circumstances constituting
fraud and undue influence and pressure?
HELD:
Two years after the arrival of Placido from the United States
and at the age of 80 he wed Josefina who was then 28 years old.
But in a little more than two years of wedded bliss, Placido died.
Placido executed a notarial last will and testament written in
English and consisting of 2 pages, and dated 15 June 1983but
acknowledged only on 9 August 1983. The allowance to probate of
this will was opposed by Leticia, Placidos sister. According to the
notary public who notarized the testators will, after the testator
instructed him on the terms and dispositions he wanted on the will,
the notary public told them to come back on 15 August 1983 to
give him time to prepare. The testator and his witnesses returned
on the appointed date but the notary public was out of town so
they were instructed by his wife to come back on 9 August 1983.
The formal execution was actually on 9 August 1983. He reasoned
he no longer changed the typewritten date of 15 June 1983
because he did not like the document to appear dirty.
Petitioners argument:
1. At the time of the execution of the notarial will Placido was
already 83 years old and was no longer of sound mind.
2. Josefina conspired with the notary public and the 3 attesting
witnesses in deceiving Placido to sign it. Deception is allegedly
ISSUE:
Was the will spurious?
HELD:
Yes, thus Tambago violated the Notarial Law and the ethics
of legal profession.
The law provides for certain formalities that must be
followed in the execution of wills. The object of solemnities
surrounding the execution of wills is to close the door on bad faith
and fraud, to avoid substitution of wills and testaments and to
guarantee their truth and authenticity.
A notarial will, as the contested will in this case, is required
by law to be subscribed at the end thereof by the testator himself.
In addition, it should be attested and subscribed by three or more
credible witnesses in the presence of the testator and of one
another. The will in question was attested by only two witnesses.
On this circumstance alone, the will must be considered void. This
is in consonance with the rule that acts executed against the
provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity. The Civil Code likewise
requires that a will must be acknowledged before a notary public
by the testator and the witnesses. An acknowledgment is the act of
one who has executed a deed in going before some competent
officer or court and declaring it to be his act or deed. It involves an
extra step undertaken whereby the signatory actually declares to
the notary public that the same is his or her own free act and deed.
The acknowledgment in a notarial will has a two-fold purpose: (1) to
safeguard the testators wishes long after his demise and (2) to
assure that his estate is administered in the manner that he
intends it to be done.
A cursory examination of the acknowledgment of the will in
question shows that this particular requirement was neither strictly
nor substantially complied with. For one, there was the conspicuous
absence of a notation of the residence certificates of the notarial
witnesses Noynay and Grajo in the acknowledgment. Similarly, the
notation of the testators old residence certificate in the same
acknowledgment was a clear breach of the law. These omissions by
respondent invalidated the will.
On
5 November 1977, 79-year old Brigido Alvarado
executed a notarial will entitled Huling Habilin wherein he
disinherited an illegitimate son, petitioner Cesar Alvarado, and
YES. The spirit behind the law was served though the letter
was not. Although there should be strict compliance with the
substantial requirements of law in order to insure the authenticity
mind and that the testator was in good health and was not unduly
influenced in any way in the execution of his will.
Probate court then rendered a decision declaring the will in
question as the last will and testament of the late Mateo Caballero.
CA affirmed the probate courts decision stating that it
substantially complies with Article 805. Hence this appeal.
ISSUE:
W/N the attestation clause in the will of the testator is fatally
defective or can be cured under the art. 809.
HELD:
Rodelas filed a petition with the CFI of Rizal for the probate
of the holographic will of Ricardo B. Bonilla and the issuance of
letters testamentary in her favor.
Aranza, et al. filed a MTD on the grounds of:
1. Rodelas was estopped from claiming that the deceased left
a will by failing to produce the will within twenty days of the
death of the testator as required by Rule 75, section 2 of the
Rules of Court;
HELD:
1. YES. The word shall connotes a mandatory order, an
imperative obligation and is inconsistent with the idea of
discretion and that the presumption is that the word shall,
when used in a statute, is mandatory.
In the case at bar, the goal to be achieved by the law, is to
give effect to the wishes of the deceased and the evil to be
prevented is the possibility that unscrupulous individuals who
for their benefit will employ means to defeat the wishes of the
testator.
The paramount consideration in the present petition is to
determine the true intent of the deceased.
2. NO. We cannot be certain that the holographic will was in
the handwriting of the deceased.
The clerk of court was not presented to declare explicitly
that the signature appearing in the holographic will was that of
the deceased.
The election registrar was not able to produce the voters
affidavit for verification as it was no longer available.
The deceaseds niece saw pre-prepared receipts and letters
of the deceased and did not declare that she saw the deceased
sign a document or write a note.
The will was not found in the personal belongings of the
deceased but was in the possession of the said niece, who kept
the fact about the will from the children of the deceased,
putting in issue her motive.
Evangeline Calugay never declared that she saw the
decreased write a note or sign a document.
The former lawyer of the deceased expressed doubts as to
the authenticity of the signature in the holographic will.
(As it appears in the foregoing, the three-witness
requirement was not complied with.)
A visual examination of the holographic will convinces that
the strokes are different when compared with other documents
written by the testator.
The records are remanded to allow the oppositors to
adduce evidence in support of their opposition.
ARTICLE 814
Kalaw v. Relova
132 SCRA 237 | Posadas
FACTS:
1. 1. Can a witness be considered competent under Art 820821 and still not be considered credible as
required by Art.
805?
2. Is it required that there must be evidence on record that the
witness to a will has good standing in his/her community or
that he/she is honest or upright?
HELD:
HELD:
HELD:
Roberts v. Leonidas
129 SCRA 754 | Suarez
FACTS:
FACTS:
ISSUE:
W/N the will may be probated.
Reyes v. CA
281 SCRA 277 | Tan
FACTS:
2. NO.
ARTICLE 854
Reyes v. Barretto-Datu
19 SCRA 85 | Ventura
FACTS:
Aznar v. Duncan
17 SCRA 590 | Villarica
FACTS:
Christensen died testate. The will was admitted to probate.
The court declared that Helen Garcia was a natural child of the
deceased. The Court of First Instance equally divided the properties
of the estate of Christensen between Lucy Duncan (whom testator
expressly recognized in his will as his daughter) and Helen Garcia.
In the order, the CFI held that Helen Garcia was preterited in the
will thus, the institution of Lucy Duncan as heir was annulled and
the properties passed to both of them as if the deceased died
intestate.
ISSUE: