G.R. No. L-24665, October 13, 1926
Estate of Isidra Abquilan. ATANASIO ABQUILAN, petitioner-appellant, vs. FELICIANA ABQUILAN, opponent-appellee.

FACTS

Atanasio Abquilan filed a petition for the probate of a document purporting to be the last will and testament of his deceased sister, Isidra Abquilan. The deceased left no forced heirs, and her only heirs in case of intestacy are her brother Atanasio (the proponent) and her sister Feliciana (the opponent). Feliciana opposed the probate, alleging the will was apocryphal and forged. The trial court denied probate, finding that the signatures on the will were forgeries, that the testatrix was suffering from cerebral hemorrhage and paralysis on the purported date of execution (November 6, 1924) and was incapable of intelligently participating in the execution of a will, and that the document was fabricated later, likely on November 7, 1924.

ISSUE

Whether the document (Exhibit A) should be admitted to probate as the valid last will and testament of Isidra Abquilan.

RULING

No. The Supreme Court affirmed the trial court’s order denying probate. The Court found that a clear preponderance of the evidence established:
1. Incapacity: On November 6, 1924, the purported date of execution, the testatrix was suffering from paralysis due to cerebral hemorrhage to such a degree that she was completely incapacitated from intelligently participating in the act of making a will.
2. Forgery: A comparison of the signatures on the purported will with the testatrix’s authentic signatures showed that the signatures on Exhibit A were made by another person.
3. Fabrication: The testimony of witnesses demonstrated that no will was executed on November 6. Instead, an attempt to fabricate a will that night failed. The instrument in question was likely fabricated on November 7, when the testatrix was still incapable of rational participation.

Therefore, the document was not the genuine will of the deceased and was correctly denied probate. Costs were imposed on the appellant.