G.R. No. 44276 . November 25, 1936
In re will of the deceased JOSE B. SUNTAY. MARIA NATIVIDAD LIM BILLIAN, petitioner-appellant, vs. APOLONIO SUNTAY, ANGEL SUNTAY, MANUEL SUNTAY, and JOSE SUNTAY, oppositors-appellees.

FACTS

Jose B. Suntay died in Amoy, China. He was survived by children from his first marriage (the oppositors) and by his second wife, Maria Natividad Lim Billian, and their son. The oppositors initiated intestate proceedings. Billian later petitioned for the probate of a will allegedly executed by Suntay. She claimed the original will was in a sealed envelope given to her, and that a copy (Exhibit B) existed. She alleged that two of the oppositors snatched and opened the envelope, taking the contents. The oppositors denied having the will. The trial court dismissed the probate petition, finding insufficient evidence that the envelope contained a valid will.

ISSUE

Whether the loss of the alleged will has been sufficiently established to allow the presentation of secondary evidence (Exhibit B) for probate.

RULING

Yes. The Supreme Court found the evidence sufficient to establish the loss of the will. The oppositors’ answer admitted that a will was prepared and witnessed, and placed in a signed envelope. The empty, signed envelope (Exhibit A) was presented in court. These facts sufficiently indicated the will’s loss, justifying the presentation of secondary evidence on its contents and formalities. The case was remanded to the trial court for further proceedings to determine the authenticity of Exhibit B and whether the lost will complied with legal formalities.

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