G.R. No. 35993, December 19, 1932
In re Estate of the deceased Gregorio Tolentino. ADELAIDA TOLENTINO, petitioner-appellee, vs. NATALIA FRANCISCO, ET AL., oppositors-appellants.

FACTS

Gregorio Tolentino died, leaving a will executed on October 22, 1930, which named Adelaida Tolentino de Concepcion as his universal heir, replacing a prior will that had favored his wife’s kin, the Franciscos. The will was prepared by attorney Eduardo Gutierrez Repide. The three attesting witnesses were Jose Syyap, Agustin Vergel de Dios, and Vicente Legarda. The will was signed at the office of La Previsora Filipina. After Tolentino’s death, Adelaida filed for probate of the will. The Franciscos opposed, alleging improper execution. At the hearing, two of the subscribing witnesses, Syyap and Vergel de Dios, repudiated their signatures and denied the validity of the execution, while Legarda affirmed it. The trial court admitted the will to probate, finding it properly executed. The opponents appealed.

ISSUE

Whether the will of Gregorio Tolentino was executed and attested in accordance with the requirements of law, such that it should be admitted to probate.

RULING

Yes, the will was properly executed and should be admitted to probate. The Supreme Court affirmed the trial court’s order. The Court found that the testimony of the one consistent witness, Vicente Legarda, corroborated by circumstantial evidence and the prior statements of Syyap and Vergel de Dios themselves, established that all formalities of execution were complied with: the testator signed the will in the presence of all three witnesses, and the witnesses signed in the presence of the testator and of each other. The recantation of Syyap and Vergel de Dios was deemed part of a conspiracy with the opponents to defeat the will. The law does not require all attesting witnesses to support the will’s validity; probate is proper if the court is satisfied from all the evidence that the legal requirements were met.

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