GR L 3747; (November, 1907) (Digest)
G.R. No. L‑3747
November 22, 1907
FACTS
– Petitioner‑appellee Yu Chengco filed a petition to have a will admitted and to have an administrator appointed over the estate of the presumed testator, José Santiago Tiaoqui, who allegedly died in China in January 1883.
– The will, written in Chinese characters, was said to have been signed by the testator, witnessed by three persons, and “allowed” by the Chinese Court of Dam Hua. An American Consular seal purportedly certified the seal of the district magistrate of Naurva, Fukien.
– The petition relied on Sections 637638 of the Code of Civil Procedure, which permit admission of foreign wills if they are duly authenticated in accordance with the procedural requirements of §§ 304, 313 (certification by the foreign court, attestation by its clerk, and confirmation by a U.S. diplomatic officer).
– The Court of First Instance admitted the will, but the record contained none of the certifications required by the statutes. No official Chinese authentication of the will, its witnesses, or the seal was presented. Moreover, the testator’s signature was in Spanish placed over the seal, suggesting the seal pre‑dated the signature.
ISSUE
Whether the will of José Santiago Tiaoqui, allegedly executed and proved in China, may be admitted, authenticated, and recorded in a Philippine court under the existing statutory scheme for foreign wills.
RULING
The Supreme Court reversed the lower court’s decision. It held that the will failed to satisfy the statutory authentication requirements of §§ 304 and 313:
1. No Chinese court certification, clerk’s attestation, or U.S. diplomatic confirmation was offered.
2. The authenticity of the testator’s signature and of the witnesses was not proven.
3. The seal appearing on the document was demonstrably placed before the alleged signature, contradicting the claim of proper execution.
Consequently, the document could not be deemed a duly authenticated foreign will and therefore could not be allowed, authenticated, or recorded in the Philippine courts. No special order on costs was made.