GR 39078; (December, 1933) (Digest)
G.R. No. 39078 , December 22, 1933
In re estate of the deceased Luciana Batallones. NICASIA BATALLONES, petitioner-appellant, vs. PUBLEO BATALLONES, ET AL., oppositors-appellees.
FACTS
Nicasia Batallones petitioned for the probate of a document purporting to be the last will and testament of her deceased sister, Luciana Batallones. The will, Exhibit B, was typewritten in Tagalog and signed at the foot by Juan Salazar, who wrote the name of the illiterate testatrix at her request, and by three instrumental witnesses. The Court of First Instance of Laguna declared the will null and void, finding it not duly executed. The oppositors claimed the will was fabricated after Luciana’s death, arguing it was improbable for the witnesses to have been present at the execution. Nicasia, named executrix in the will, appealed the denial of probate.
ISSUE
1. Whether the document Exhibit B was duly executed as the last will and testament of Luciana Batallones.
2. Whether the attestation clause complies with legal requirements.
3. Whether the petitioner-appellant, as executrix, is an interested party with standing to appeal.
RULING
The Supreme Court reversed the lower court’s judgment and allowed the will to probate.
1. The will was duly executed. The Court found the testimonies of the witnesses credible, establishing that Juan Salazar signed the testatrix’s name at her request in the presence of the testatrix and the three witnesses, who then signed in the presence of the testatrix and each other. The oppositors’ evidence did not conclusively prove the impossibility of the witnesses’ presence at the execution. The circumstances (e.g., the testatrix’s advanced age, simple lifestyle, and choice of humble witnesses) did not indicate falsification.
2. The attestation clause is valid. It substantially complies with the law by stating that Juan Salazar wrote the testatrix’s name at her request and signed in the presence of the testatrix and the witnesses, and that the witnesses signed in the presence of the testatrix and each other.
3. The executrix, Nicasia Batallones, is an interested party with standing to appeal. As the person charged with executing the will and delivering the estate to the instituted heir, she represents the heir’s interest and has a duty to uphold the will’s validity.
AI Generated by Armztrong.