GR 39209; (March, 1934) (Digest)
G.R. No. 39209; March 10, 1934
HIPOLITO ANDALIS, petitioner-appellee, vs. LUCIA PULGUERAS, ET AL., oppositors-appellants.
FACTS
Hipolito Andalis petitioned for the probate of the alleged will of Victor Pulgueras. The Court of First Instance of Camarines Sur admitted the will to probate. Oppositors appealed. The testimony of only one attesting witness revealed that the will’s execution occurred over two separate days: the testator and two witnesses signed the first six pages on January 4, 1931, and the remaining three pages were signed by the testator and all three witnesses on January 11, 1931, with the third witness then signing the first six pages on that later date.
ISSUE
Whether the will was executed in conformity with the legal requirements for its validity.
RULING
No. The Supreme Court reversed the lower court’s decision and denied probate to the will. The execution did not comply with Article 618 of the Code of Civil Procedure, as amended. The law requires the execution of a will to be a single, unified act. The process here, where the testator and witnesses signed on different days and in varying combinations, was legally ineffective.
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