G.R. No. 19079 ; January 15, 1923
Primitivo Gonzalez y Laurel, applicant-appellee, vs. Jovita Laurel y Tapia, opponent-appellant.

FACTS

Primitivo L. Gonzalez petitioned the Court of First Instance of Batangas for the probate of Exhibit A as the last will and testament of the deceased Maria Tapia. Jovita Laurel opposed the probate. The trial court granted the petition and admitted the will to probate. Jovita Laurel appealed, assigning several errors, including: (1) lack of proof that the will was written in a dialect known to the testatrix; (2) that the signatures were obtained through deceit, fraud, or improper means; (3) that the will was procured through unlawful pressure and influence by the applicant and his attorney; and (4) that the testatrix was physically and mentally incapacitated at the time of execution.

ISSUE

Whether the trial court erred in admitting Exhibit A to probate as the valid last will and testament of Maria Tapia.

RULING

The Supreme Court affirmed the trial court’s order admitting the will to probate. On the first assigned error, the Court held that a presumption arose from the record that Maria Tapia, a long-time resident and property owner in the Tagalog province of Batangas who requested her will be drawn in Tagalog, knew the Tagalog dialect. This presumption was not rebutted. Regarding the allegations of fraud, deceit, undue influence, and incapacity, the Court found, after a careful examination of the evidence, that the preponderance of evidence established that the will was executed and signed by Maria Tapia voluntarily, with full knowledge, and while she was mentally capacitated and free from any improper influence. The Court noted an alleged discrepancy in a witness’s testimony but found the witness’s clarification on rebuttal credible. The will was executed with all required formalities and solemnities. The order was affirmed.