G.R. No. 19142; March 5, 1923
In the matter of the estate of Mariano Corrales Tan, deceased. FLAVIANA SAMSON, petitioner-appellee, vs. VICENTE CORRALES TAN QUINTIN, oppositor-appellant.

FACTS

Flaviana Samson petitioned for the probate of a document alleged to be the last will and testament of the deceased Mariano Corrales Tan. Vicente Corrales Tan Quintin opposed the probate, alleging the will was incomplete, fraudulent, executed under duress and undue influence, and that the testator was not of sound mind at the time of execution. The testator died on the evening of December 26, 1921, and the will was allegedly executed in the forenoon of the same day. The opponent presented evidence, including testimony from the attending physician Dr. Tee Han Kee, that the deceased was suffering from diabetes and had been in a comatose condition for several days prior to death. The petitioner presented five witnesses who testified that the deceased was conscious, could understand, and indicate his desires at the time of execution.

ISSUE

Whether the testator, Mariano Corrales Tan, was of sound and disposing mind at the time of the execution of the alleged will.

RULING

Yes, the testator was of sound and disposing mind. The Supreme Court affirmed the order of the Court of First Instance admitting the will to probate. The Court held that while the deceased was in a feeble condition, the positive testimony of five credible witnesses for the petitioner established that he was conscious and capable of making a will during a lucid interval. This testimony outweighed the opponent’s evidence, which consisted of the interested testimony of the opponent’s wife and the physician’s professional speculation about a comatose state, which the Court noted can have varying degrees and allow for periods of consciousness. The Court also found no merit in the appellant’s procedural objections regarding the publication of the hearing and the unsigned transcript of a witness’s testimony, as the publication issue was not raised below and the signing requirement for testimony was directory, not mandatory.