Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1914 > March 1914 Decisions > G.R. No. 7647 March 27, 1914 - DOMINGO CALUYA v. LUCIA DOMINGO

027 Phil 330:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 7647. March 27, 1914. ]

DOMINGO CALUYA, Petitioner-Appellant, v. LUCIA DOMINGO, Respondent-Appellee.

Lucas Paredes for Appellant.

Julio Adiarte for Appellee.

SYLLABUS


1. WILLS; EXECUTION; SIGNATURE IN BEHALF OF TESTATOR. — Where a testator is unable to write and his name is signed by another at his request, in his presence and in that of the subscribing witnesses thereto, it is unimportant, so far as the validity of the will is concerned, whether the person who writes the name of the testator signs his own or not. The important thing is that it clearly appear that the name of the testator was signed at his direction in the presence of the subscribing witnesses and that they attest and subscribe it in his presence and in the presence of each other.

2. ID.; ID.; VALIDITY OF WILL. — Under section 618 of the Code of Civil Procedure if the attestation clause is defective or even absent, the will is valid provided it is satisfactorily proved that it was in fact signed, executed, and attested as required by law.

3. ID.; ID.; COMPETENCY OF ATTESTING WITNESS. — The fact that the testator in his will mentioned a sale of real estate, fully consummated before his death, which he had made to one of the witnesses to his will, does not make such person an incompetent witness; nor does the fact that he signed the will as one of the attesting witnesses render the will invalid under section 622 of the Code of Civil Procedure.


D E C I S I O N


MORELAND, J. :


This is an appeal from a judgment of the Court of First Instance of the Province of Ilocos Norte denying the probate of a will.

The learned court below based its judgment upon three grounds. The first one was that, although the testator had signed by mark, it nowhere appeared in the will who had written the signature or that it had been written at his request. The second, that the witness Antonino Pandaraoan could not really have signed the attestation clause because, at the time it was executed, he was attending a session of the municipal council of Piddig as a member thereof. Third: That as to the other witness, Segundino Asis, the will mentioned and confirmed a sale of land to him by the testator, and he being thereby an interested party his testimony could not be believed.

We do not believe that any of the objections are well founded and the judgment refusing its probate must, therefore, be reversed.

Section 618 of the Code of Civil Procedure provides in part:jgc:chanrobles.com.ph

"No will, except as provided in the preceding section, shall be valid to pass any estate, real or personal, nor charge or affect the same, unless it be in writing and signed by the testator, or by the testator’s name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of each other. . . ."cralaw virtua1aw library

It is nowhere required that, where the testator is unable to write, the fact that his signature was written by some other person, at his request and express direction, should appear in the body of the will itself. In the case of Barut v. Cabacungan (21 Phil. Rep., 461, 463) we held the following:jgc:chanrobles.com.ph

"From these provisions it is entirely clear that, with respect to the validity of the will, it is unimportant whether the person who writes the name of the testatrix signs his own or not. The important thing is that it clearly appears that the name of the testatrix was signed at her express direction in the presence of three witnesses and that they attested and subscribed it in her presence and in the presence of each other. That is all the statute requires. It may be wise as a practical matter that the one who signs the testator’s name signs also his own; but that is not essential to the validity of the will. Whether one person or another signed the name of the testatrix in this case is absolutely unimportant so far as the validity of her will is concerned. The plain wording of the statute shows that the requirement laid down by the trial court, if it did lay it down, is absolutely unnecessary under the law; and the reasons underlying the provisions of the statute relating to the execution of wills do not in any sense require such a provision. From the standpoint of language it is an impossibility to draw from the words of the law the inference that the person who signs the name of the testator must sign his own name also. The law requires only three witnesses to a will, not four.

"Nor is such requirement found in any other branch of the law. The name of a person who is unable to write may be signed by another, by express direction, to any instrument known to the law. There is no necessity whatever, so far as the validity of the instrument is concerned, for the person who writes the name of the principal in the document to sign his own name also. As a matter of policy it may be wise that he do so inasmusch as it would give such intimation as would enable a person proving the document to demonstrate more readily the execution by the principal. But as a matter of essential validity of the document, it is unnecessary. The main thing to be established in the execution of the will is the signature of the testator. If that signature is proved, whether it be written by himself or by another at his request, it is none the less valid, and the fact of such signature can be proved as perfectly and as completely when the person signing for the principal omits to sign his own name as it can when he actually signs. To hold a will invalid for the lack of the signature of the person signing the name of the principal is, in the particular case, a complete abrogation of the law of wills, as it rejects and destroys a will which the statute expressly declares is valid."cralaw virtua1aw library

The section above quoted also provides that "the attestation clause shall state the fact that the testator signed the will, or caused it to be signed by some other person, at his express direction, in the presence of three witnesses, and that they attested and subscribed it in his presence and in the presence of each other. But the absence of such form of attestation shall not render the will invalid if its is proven that the will was in fact signed and attested as in this section provided."cralaw virtua1aw library

Not only does attestation clause comply with the requirements of this section, but it appears clearly proved in evidence that the name of the testator was signed by another person at his request and under his direction and in his presence and in the presence of the witnesses to the will. Moreover, as appears from the last clause of the section, if the attestation clause is defective, or even absent, the will is nevertheless valid provided it is satisfactorily proved that it was in fact signed and executed as provided by law.

As to the second objection, namely, that Antonino Pandaraoan could not have signed the will as a witness thereto, as stated in the attestation clause, because he was attending a meeting of the municipal council of Pidding at the time the will is alleged to have been executed, we believe this also to be without merit. It does appear in the evidence of the opposition that the witness Pandaraoan was attending a meeting of the municipal council of Pidding from something like 10 o’clock till 12:30 o’clock of the day on which the will was executed and that the will was executed sometime between 10 and 12 o’clock. Too much weight, however, can not be given to the testimony relative to the precise time of the execution of the will. The barrio of Pidding is only a short distance from the house in which the will was executed and it would have taken but a short time to cover the distance. The witness Pandaraoan himself testified directly and positively that, after having left the meeting of the municipal council, he went to the house of the testator by appointment and there signed the will as stated in the attestation clause. He asserts that he covered the distance on horseback. The other witnesses to be the will support this declaration. Not only this, but the notary public who drew up the will and who translated it to the testator and who was present at the time of its execution, declared and testified that witnesses whose names appear upon the will were present at the time it was executed by the testator and that they signed the same at his request and in his presence and in the presence of each other. All of the witnesses to the will unite in declaring that they were there present at the time the will was executed and that they signed as witnesses in the presence of the testator and of each other. The mere fact that there was a session of the municipal council of Pidding about the same time that the will was executed is not necessarily conclusive against the fact that Antonino Pandaraoan was present and signed as a subscribing witness as he declares. Mistakes in time are easily made among witnesses who measure time not so much by clocks or watches as by the sun. Antonino Pandaraoan testified that the municipal council began its session about 10 o’clock; that in order to attend the execution of the will, as he had agreed with the notary public he would do, he was obliged to leave the session before it terminated; that he so left the session, mounted a horse and arrived at the house of the testator at about 12 o’clock, in time to take part in the execution of the will as stated in the attestation clause.

We do not believe that the clear and positive testimony of the witnesses to the will and of the notary public is overcome by the evidence offered in opposition to the probate.

As to the third ground upon which the court based its decision; namely, that the will having mentioned and confirmed a sale of land to Segundino Asis, one of the witnesses to the will, while not rendering the will entirely invalid, throws great doubt upon the legality of its execution and especially the testimony of said witness relating thereto.

Section 622 provides:jgc:chanrobles.com.ph

"If a person attests the execution of a will, to whom or to whose wife or husband, or parent, or child, a beneficial devise, legacy, or interest, of or affecting real or personal estate, is given by such will, such devise, legacy, or interest shall, so far only as concerns such person, or the wife or husband, or parent or child of such person, or anyone claiming under such person or such wife or husband, or parent or child, be void, unless there are three other competent witnesses to such will, and such person so attesting shall be admitted as a witness as if such devise, legacy, or interest had not been made or given. But a mere charge on the real or personal estate of the testator, for the payment of debts, shall not prevent his creditors from being competent witnesses to his will."cralaw virtua1aw library

As will readily be seen on reading this section, nothing in the will before us relative to the sale of land to Segundino Asis creates such an interest therein as falls within the provisions thereof. Indeed, no interest of any kind was created by the will in favor of Segundino Asis, nor did it convey or transfer any interest to him. It simply mentioned a fact already consummated, a sale already made. Even if, however, the will had conveyed an interest Segundino Asis, it would not have been for that reason void. Only that clause of the will conveying and interest to him would have been void; the remainder could have stood and would have stood as a valid testament.

We are confident from a thorough examination of the record that a fair preponderance of the evidence is in favor of the proponents, and there being no legal impediment to the probate the court erred in refusing it.

The judgment appealed from is hereby reversed and the cause remanded to the court whence it came with instructions to legalize and probate the will in accordance with the petition.

Arellano, C.J., Carson and Trent, JJ., concur.

Separate Opinions


ARAULLO, J., dissenting:chanrob1es virtual 1aw library

I do not concur in the result and in one of the grounds thereof.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1914 Jurisprudence                 

  • G.R. No. 9267 March 2, 1914 - UNITED STATES v. GERVASIO GUMARANG ET AL.,

    027 Phil 1

  • G.R. No. 9291 March 2, 1914 - UNITED STATES v. CAMILA CUNANAN

    027 Phil 6

  • G.R. No. 8254 March 3, 1914 - MARIANO GONZAGA ET AL. v. FELISA GARCIA ET AL.

    027 Phil 7

  • G.R. No. 8913 March 3, 1914 - NELLIE LOUISE COOK v. J. MCMICKING

    027 Phil 10

  • G.R. No. 9201 March 3, 1914 - UNITED STATES v. PABLO SUAN

    027 Phil 12

  • G.R. No. 8223 March 4, 1914 - UNITED STATES v. EVARISTO PAINAGA

    027 Phil 18

  • G.R. No. 7657 March 6, 1914 - AMBROSIO TIEMPO v. VIUDA E HIJOS DE PLACIDO REYES

    027 Phil 33

  • G.R. No. 8429-27 March 7, 1914 - CITY OF MANILA v. EVARISTO BATLLE ET AL.

    027 Phil 34

  • G.R. No. 8662 March 7, 1914 - UNITED STATES v. HERMOGENES BESUÑA

    027 Phil 39

  • G.R. No. 8699 March 7, 1914 - LA COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. SHERIFF OF OCCIDENTAL NEGROS

    027 Phil 41

  • G.R. No. 8983 March 7, 1914 - UNITED STATES v. EULOGIO EDPALINA

    027 Phil 43

  • G.R. No. 9066 March 7, 1914 - UNITED STATES v. ANASTASIO HUDIERES

    027 Phil 45

  • G.R. No. 7946 March 9, 1914 - CITY OF MANILA v. SATURNINA RIZAL

    027 Phil 50

  • G.R. No. 8227 March 9, 1914 - ANTONIO M. JIMENEZ v. FIDEL REYES

    027 Phil 52

  • G.R. No. 8325 March 10, 1914 - C. B. WILLIAMS v. TEODORO R. YANGCO

    027 Phil 68

  • G.R. No. 8927 March 10, 1914 - ASUNCION NABLE JOSE ET AL. v. MARIA IGNACIA USON ET AT.

    027 Phil 73

  • G.R. No. 9147 March 10, 1914 - UNITED STATES v. PERFECTO LAMADRID ET AL.

    027 Phil 76

  • G.R. No. 8603 March 13, 1914 - SEVERINO CORNISTA v. SEVERA TICSON

    027 Phil 80

  • G.R. No. 8984 March 13, 1914 - UNITED STATES v. JUAN LABIAL

    027 Phil 82

  • G.R. Nos. 9471 & 9472 March 13, 1914 - UNITED STATES v. EVARISTO VAQUILAR

    027 Phil 88

  • G.R. No. 8748 March 14, 1914 - UNITED STATES v. SANTOS P. PALMA

    027 Phil 94

  • G.R. No. 8931 March 14, 1914 - UNITED STATES v. JUAN MARQUI

    027 Phil 97

  • G.R. No. 8971 March 14, 1914 - UNITED STATES v. CIRILO BAUA

    027 Phil 103

  • G.R. No. 9006 March 14, 1914 - JOSE ANTONIO GASCON ENRIQUEZ v. A.D. GIBBS

    027 Phil 110

  • G.R. No. 9059 March 14, 1914 - UNITED STATES v. BUENAVENTURA SARMIENTO

    027 Phil 121

  • G.R. No. 9099 March 14, 1914 - J. MCMICKING v. SPRUNGLI & CO. ET AL.

    027 Phil 125

  • G.R. No. 9169 March 14, 1914 - UNITED STATES v. PANTELEON MARIANO ET AL.

    027 Phil 132

  • G.R. No. 9348 March 14, 1914 - UNITED STATES v. ELEUTERO MANTE

    027 Phil 134

  • G.R. No. 7352 March 15, 1914 - CATALINO HILLARO v. LA CONGREGACION DE SAN VICENTE DE PAUL

    027 Phil 593

  • G.R. No. 8140 March 16, 1914 - FORTUNATO GASPAR v. ANACLETO QUINADARA

    027 Phil 139

  • G.R. No. 8851 March 16, 1914 - AGAPITO BONZON v. STANDARD OIL CO. OF NEW YORK ET AL.,

    027 Phil 141

  • G.R. No. 8200 March 17, 1914 - LEONARDO LUCIDO v. GELASIO CALUPITAN ET AL.

    027 Phil 148

  • Special proceeding March 17, 1914 - IN RE: EUGENIO DE LARA

    027 Phil 176

  • G.R. No. 7333 March 18, 1914 - DEMETRIO ARCENAS v. ESTANISLAO LASERNA

    027 Phil 599

  • G.R. No. 7790 March 19, 1914 - EL BANCO ESPANOL-FILIPINO v. MCKAY & ZOELLER

    027 Phil 183

  • G.R. No. 8235 March 19, 1914 - ISIDORO SANTOS v. LEANDRA MANARANG

    027 Phil 209

  • G.R. No. 8414 March 19,1914

    ROMAN CATHOLIC ARCHIBISHOP OF MANILA v. DIRECTOR OF LANDS

    027 Phil 245

  • G.R. No. 8998 March 19, 1914 - JOSE FLORENDO v. EUSTAQUIO P. FOZ

    027 Phil 249

  • G.R. No. 9307 March 19, 1914 - UNITED STATES v. FRANCISCO GARCIA ET AL.

    027 Phil 254

  • G.R. No. 9098 March 20, 1914 - JOSE M. GONZALEZ v. PERCY M. MOIR

    027 Phil 256

  • Special proceeding March 21, 1914 - IN RE: LUICIANO DE LA ROSA

    027 Phil 258

  • G.R. No. 8937 March 21, 1914 - ALHAMBRA CIGAR AND CIGARETTE MANUFACTURING. CO. v. PEDRO N. MOJICA

    027 Phil 266

  • G.R. No. 9302 March 21, 1914 - UNITED STATES v. AGATON DUNGCA

    027 Phil 274

  • G.R. No. 6960 March 23, 1914 - VICENTE GUASH v. JUANA ESPIRITU

    027 Phil 278

  • G.R. No. 7909 March 24, 1914 - GUTIERREZ HERMANOS v. ISABEL RAMIREZ

    027 Phil 281

  • G.R. No. 8385 March 24, 1914 - LUCIO ALGARRA v. SIXTO SANDEJAS

    027 Phil 284

  • G.R. No. 8314 March 25, 1914 - M. A. CLARKE v. MANILA CANDY COMPANY

    027 Phil 310

  • G.R. No. 8461 March 25, 1914 - RAMON MEDINA ONG-QUINGCO v. CECILIO IMAZ

    027 Phil 314

  • G.R. No. 9124 March 25, 1914 - PIO MERCADO v. MARIA TAN-LINGCO

    027 Phil 319

  • Special Proceeding March 25, 1914 - IN RE: EMILIANO TRIA TIRONA

    027 Phil 323



  • G.R. No. 7721 March 25, 1914 - INCHAUSTI & CO. v. GREGORIO YULO

    034 Phil 978


  • G.R. No. 7420 March 25, 1914 - NAZARIO CABALLO ET AL. v. CIPRIANO DANDOY ET. AL.

    027 Phil 606

  • G.R. No. 7762 March 25, 1914 - BEHN v. JOSE MCMICKING

    027 Phil 612

  • G.R. No. 7593 March 27, 1914 - UNITED STATES v. JOSE M. IGPUARA

    027 Phil 619

  • G.R. No. 7647 March 27, 1914 - DOMINGO CALUYA v. LUCIA DOMINGO

    027 Phil 330

  • G.R. No. 7670 March 28, 1914 - CARMEN AYALA DE ROXAS v. CITY OF MANILA

    027 Phil 336

  • G.R. No. 8051 March 28, 1914 - UNITED STATES v. VICENTE MADRIGAL ET AL.

    027 Phil 347

  • G.R. No. 9010 March 28, 1914 - J. H. CHAPMAN v. JAMES M. UNDERWOOD

    027 Phil 374

  • G.R. Nos. 9619 & 9620 March 28, 1914 - NGO YAO TIT EL AL. v. SHERIFF OF THE CITY OF MANILA

    027 Phil 378

  • G.R. No. 7270 March 29, 1914 - GREGORIO JIMENEZ ET AL. v. PASCUALA LOZADA ET AL.

    027 Phil 624

  • G.R. No. 7287 & 7288 March 29, 1914 - PEDRO MONTIERO v. VIRGINIA SALGADO Y ACUÑA

    027 Phil 631

  • G.R. No. 7896 March 30, 1914 - JOSE MCMICKING v. CRISANTO LICHAUGO ET AL.

    027 Phil 386

  • G.R. No. 8313 March 30, 1914 - JOSE MA. Y. DE ALDECOA v. JOSE FORTIS ET AL.

    027 Phil 392

  • G.R. No. 8362 March 30, 1914 - JOSE PEREZ PASTOR v. PEDRO NOEL ET AL.

    027 Phil 393

  • G.R. No. 8375 March 30, 1914 - INTERISLAND EXPRESS CO. v. INSULAR COLLECTOR OF CUSTOMS

    027 Phil 396

  • G.R. No. 8478 March 30, 1914 - LUIS ESPERANZA v. ANDREA CATINDING

    027 Phil 397

  • G.R. No. 8527 March 30, 1914 - WEST COAST LIFE INSURANCE CO. v. GEO. N. HURD

    027 Phil 401

  • G.R. No. 8579 March 30, 1914 - UNITED STATES v. RUPERTO T. SANTIAGO

    027 Phil 408

  • G.R. No. 8654 March 30, 1914 - EUGENIO RESOLME ET AL. v. ROMAN LAZO

    027 Phil 416

  • G.R. No. 8689 March 30, 1914 - LIBRADO MANAS ET AL. v. MARIA RAFAEL

    027 Phil 419

  • G.R. No. 8781 March 30, 1914 - UNITED STATES v. ANTONIO JAVIER DICHAO

    027 Phil 421

  • G.R. No. 8785 March 30, 1914 - UY ALOC ET AL. v. CHO JAN LING ET AL.

    027 Phil 427

  • G.R. No. 9178 March 30, 1914 - UNITED STATES v. FELIPE LASTIMOSA

    027 Phil 432

  • G.R. No. 9217 March 30, 1914 - UNITED STATES v. GREGORIO MARTINEZ

    027 Phil 439

  • G.R. No. 9294 March 30, 1914 - UNITED STATES v. EULOGIO SANCHEZ

    027 Phil 442

  • G.R. No. 9329 March 30, 1914 - UNITED STATES v. SATURNINO AGUAS

    027 Phil 446

  • G.R. No. 9397 March 30, 1914 - UNITED STATES v. JOSE VAYSON

    027 Phil 447