Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1908 > March 1908 Decisions > G.R. No. L-4132 March 23, 1908 - IN RE: MARIA SIASON Y MADRID DE LEDESMA

010 Phil 504:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-4132. March 23, 1908. ]

In the matter of the will of MARIA SIASON Y MADRID DE LEDESMA, Probate proceedings.

Antonio Jayme, for Petitioner.

SYLLABUS


1. PROBATE OF WILL. — When witnesses are to be deemed present within the meaning of the statute.

2. SIGNATURE BY TESTATOR. — The recital of the name of the testator as written below the will at his request, serves as a signature by a third person.


D E C I S I O N


TRACEY, J. :


In this special proceedings for the legalization of a will, the Court of First Instance refused probate on the ground that the instrument was not subscribed by the witnesses in the presence of the testatrix and of each other as required by section 618 of the Code of Civil Procedure.

The testatrix was ill and confined to her house, the execution of the will taking place in the sala where she lay upon a sofa. The witnesses differ as to whether the testatrix from where she lay could read what was written at the table; and the first witness, after signing, went away from the table. These two circumstances do not impair the validity of the execution of the will. The witnesses being in the same apartment were all present and the statute does not exact that either they are the testator shall read what has been written. Had one of the witnesses left the room or placed himself so remotely therein as to be cut off from actual participation in the proceedings, then the subscription might not have taken place in his presence within the meaning of the law.

A second objection is suggested on this appeal, that the signature to the instrument is defective. It ends in this form:jgc:chanrobles.com.ph

"At the request of Señora Maria Siason.

"CATALINO GEVA.

"T. SILVERIO. FRUCTUOSO G. MORIN.

"RAFAEL ESPINOS."cralaw virtua1aw library

Section 618 of the Code of Civil Procedure reads as follows:jgc:chanrobles.com.ph

"Requisites of will. — No will, except as provided in the preceding section, shall be valid to pass any estate, real of personal, nor charge or effect 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 each of the other. The attestation shall estate 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 it is proven that the will was in fact signed and attested as in this section provided."cralaw virtua1aw library

The misunderstanding of this section arising from the incorrect rendering of into Spanish in the official translation was corrected by what was said in the decision of this court in Ex parte Arcenas (4 Phil. Rep., 700). Confusion has also come out of the different wording of the two clauses of this section, the one specifying the requisites of execution and the other those of the attestation clause. The concluding sentence of the section, however, makes clear that the former and not the latter is to control. Consequently the will must be signed by the testator, or by the testator’s name written by some other person in his presence, and by his express direction," and the question presented in this case is, Are the words "Señora Maria Siason" her name written by some other person? They undoubtedly are her name, but occurring as they do after the words "at request of," it is contended that they form a part of the recital and not a signature, the only signature being the names of the witnesses themselves. In Guison v. Concepcion (5 Phil. Rep., 551) it was held that there was no signature, although the attestation clause which followed the will contained the name of the testatrix and was thereafter signed by the witnesses. The distinction between that case and the present one is one of the extreme nicety, and in the judgment of the writer of this opinion should not be attempted. The majority of the court, however, are of the opinion that the distinction is a tenable one inasmuch as in the Concepcion will the name of the testatrix occurred only in the body of the attestation clause, after the first signatures of the witnesses, whereas in this will it immediately follows the testament itself and precedes the names of the witnesses.

In sustaining this form of signature, this court does not intend to qualify the decisions in Ex parte Santiago (4 Phil. Rep., 692), Ex parte Arcenas, above quoted, or in Abaya v. Zalamero. 1 In the Arcenas case the court pointed out the correct formula for a signature which ought to be followed, but did not mean to exclude any other form substantially equivalent.

The decision of the court below is reversed, without costs, and that court is directed to admit the instrument before it to probate as the last will of the testatrix. So ordered.

Arellano, C.J., Torres and Mapa, JJ., concur.

Willard, J., concurs in the result.

Separate Opinions


CARSON, J., with whom concurs JOHNSON, J., dissenting:chanrob1es virtual 1aw library

I dissent. This court has frequently held that a will should not be probated unless there has been strict compliance in its execution with all the "requisites of a will" as prescribed in section 618 of the Code of Civil Procedure.

This section provides that the will must be signed by the testator or that it must be signed by the testator’s name written by some other person. I think it is quite clear that the will in question was signed by the name of the witness written at the request of the testatrix, but that it was not signed by the name of the testatrix written by the witness.

We have heretofore called attention to mistakes in the translation into Spanish of section 618 of the Code of Civil Procedure in the first official translation. I think, however, that the translation in the majority opinion, taken from the last official translation is also imperfect. It fails to convey accurately the idea expressly set out in the English version, which requires that where the testator does not sign his own name, the will must be signed by the name of the testator attached by some other person. The Spanish version seems to prescribe merely that in such cases the will shall bear (lleve) the name of the testator written by some other person. The English version clearly prescribes that the name of the testator shall be affixed to the will as a signature and we have already decided that it is not sufficient that the name of the testator appear in the attestation clause, because in such cases the name is not affixed to the will as a signature. The name of the testatrix was not affixed to the instrument under consideration as a signature, and appears there merely in the recital of the fact that she requested some one to sign for her.

The name of the testatrix appeared in the attestation clause at the end of the will in the case of Guison v. Concepcion (5 Phil. Rep., 551), and it was placed there for precisely the same purpose as it appears in the will under consideration; that is, in a recital of fact that the testatrix had requested some one to attach her signature to the will. We declared in that case, that the will could not be probated because the name of the testatrix was not subscribed to the will in accordance with the provisions of section 618 of the Code of Civil Procedure. I am unable to perceive the distinction between that case and the case under consideration.

I recognize that in the case under consideration a holding that the name of the testatrix is not signed to the will in the manner prescribed by law would appear to defeat the intent of the testatrix, and to invalidate the instrument for a failure to comply with a mere technical formality. But the same reasons of public policy which dictated the provisions of law prescribing certain requisites without which no will is valid, no matter how conclusive the proof as to the fact that the rejected instrument contains the last will of the deceased, and was prepared as such in absolute good faith, imposes upon the courts the duty of scrutinizing every will submitted for probate to ascertain whether there has been a strict compliance in its execution with the requisites prescribed by law.

Endnotes:



1. Page 357, supra.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





March-1908 Jurisprudence                 

  • G.R. No. L-3457 March 2, 1908 - YU BUNUAN ET AL. v. ORESTES MARCAIDA

    010 Phil 265

  • G.R. No. L-4065 March 2, 1908 - BRUNO VILLANUEVA v. MAXIMA ROQUE

    010 Phil 270

  • G.R. No. L-3717 March 5, 1908 - FELIX VELASCO v. MARTIN MASA

    010 Phil 279

  • G.R. No. L-4237 March 5, 1908 - SERAFIN UY PIAOCO v. JOSE MCMICKING

    010 Phil 286

  • G.R. No. L-4447 March 6, 1908 - MURPHY v. COLLECTOR OF CUSTOMS OF THE PHIL. ISLANDS

    010 Phil 292

  • G.R. No. 4438 March 7, 1908 - UNITED STATES v. JACINTO SUNGA, ET AL

    011 Phil 601

  • G.R. No. L-3811 March 7, 1908 - UNITED STATES v. FRANCISCO BLANCO

    010 Phil 299

  • G.R. No. L-4026 March 7, 1908 - UNITED STATES v. PASCUAL DULAY

    010 Phil 302

  • G.R. No. L-3880 March 9, 1908 - TEOPISTA CASTRO v. ANTONIO MARTINEZ GALLEGOS

    010 Phil 306

  • G.R. No. 4131 March 9, 1908 - SERAPIO AVERIA v. LUCIO REBOLDERA

    010 Phil 316

  • G.R. No. 4347 March 9, 1908 - JOSE ROGERS v. SMITH

    010 Phil 319

  • G.R. No. 3279 March 11, 1908 - CITY OF MANILA v. INSULAR GOVERNMENT ET AL.

    010 Phil 327

  • G.R. No. L-2129 March 12, 1908 - C. HEINZEN & CO. v. JAMES J. PETERSON, ET AL.

    010 Phil 339

  • G.R. No. L-3523 March 12, 1908 - CARIDAD MUGURUZA v. INT’L. BANKING CORP.

    010 Phil 347

  • G.R. No. L-3855 March 12, 1908 - EUFEMIA LORETO v. JULIO HERRERA

    010 Phil 354

  • G.R. No. L-3907 March 12, 1908 - ROMAN ABAYA v. DONATA ZALAMERO

    010 Phil 357

  • G.R. No. L-4085 March 12, 1908 - CARLS PALANCA TANGUINLAY v. FRANCISCO G. QUIROS

    010 Phil 360

  • G.R. No. L-4087 March 12, 1908 - UNITED STATES v. AMADOR BARRIOS

    010 Phil 366

  • G.R. No. L-4341 March 12, 1908 - UNITED STATES v. MARCOS ROJO

    010 Phil 369

  • G.R. No. L-469 March 13, 1908 - T. H. PARDO DE TAVERA v. HOLY ROMAN CATHOLIC CHURCH

    010 Phil 371

  • G.R. No. L-3848 March 13, 1908 - UNITED STATES v. ANDRES GIMENO

    010 Phil 380

  • G.R. No. 4146 March 13, 1908 - UNITED STATES v. PETRA DE GUZMAN

    010 Phil 382

  • G.R. No. L-3951 March 14, 1908 - UNITED STATES v. FELICIANO GARCIA

    010 Phil 384

  • G.R. No. L-4169 March 14, 1908 - WILHELM BAUERMANN v. MAXIMA CASAS

    010 Phil 386

  • G.R. No. L-4205 March 16, 1908 - JULIAN CABAÑAS v. DIRECTOR OF LANDS

    010 Phil 393

  • G.R. No. L-4077 March 17, 1908 - MACARIA MATIAS v. AGUSTIN ALVAREZ

    010 Phil 398

  • G.R. No. L-4127 March 17, 1908 - UNITED STATES v. CHARLES J. KOSEL

    010 Phil 409

  • G.R. No. 4051 March 18, 1908 - CATALINA BERNARDO v. VICENTE GENATO

    011 Phil 603

  • G.R. No. L-3606 March 18, 1908 - IGNACIO ACASIO v. FELICISIMA ALBANO

    010 Phil 410

  • G.R. No. L-3699 March 18, 1908 - UNITED STATES v. BENITO CUSI

    010 Phil 413

  • G.R. No. L-4007 March 18, 1908 - WARNER BARNES & CO. v. E. DIAZ & CO.

    010 Phil 418

  • G.R. No. L-4213 March 18, 1908 - UNITED STATES v. POTENCIANO REYES

    010 Phil 423

  • G.R. No. L-4233 March 18, 1908 - EXEQUIEL DELGADO v. MANUEL RIESGO

    010 Phil 428

  • G.R. No. L-4318 March 18, 1908 - UNITED STATES v. GENEROSO ACADEMIA

    010 Phil 431

  • G.R. No. L-4147 March 19, 1908 - AGRIPINO DE LA RAMA v. CONCEPCION SANCHEZ, ET AL.

    010 Phil 432

  • G.R. No. L-4209 March 19, 1908 - INTERNATIONAL BANKING CORP. v. PILAR CORRALES

    010 Phil 435

  • G.R. No. L-3904 March 20, 1908 - KO POCO v. H. B. McCOY

    010 Phil 442

  • G.R. No. L-4104 March 20, 1908 - JAO IGCO v. W. MORGAN SHUSTER

    010 Phil 448

  • G.R. No. L-4155 March 20, 1908 - RUPERTO BELZUNCE v. VALENTINA FERNANDEZ

    010 Phil 452

  • G.R. No. L-4158 March 20, 1908 - UNITED STATES v. MATEO CARIÑO

    010 Phil 456

  • G.R. No. L-4196 March 20, 1908 - BENWIT ULLMANN v. FELIX ULLMANN and CO.

    010 Phil 459

  • G.R. No. L-4241 March 20, 1908 - AGUSTIN G. GAVIERES v. ADMIN. F THE INTESTATE ESTATE OF LUISA

    010 Phil 472

  • G.R. No. L-4399 March 20, 1908 - BENITO LEGARDA v. S. L. P. ROCHA Y RUIZDELGADO

    010 Phil 474

  • G.R. No. L-4436 March 20, 1908 - UNITED STATES v. FRANCISCO CASTRO DI TIAN LAY

    010 Phil 476

  • G.R. No. 4109 March 21, 1908 - UNITED STATES v. JULIANA TORRES

    011 Phil 606

  • G.R. No. L-3968 March 21, 1908 - UNITED STATES v. MARCOS LOPEZ

    010 Phil 479

  • G.R. No. L-3975 March 21, 1908 - UNITED STATES v. ANGEL MARIN

    010 Phil 481

  • G.R. No. L-4167 March 21, 1908 - RAFAELA SALMO v. LUISA ICAZA

    010 Phil 485

  • G.R. No. L-4300 March 21, 1908 - MARIA BARRETTO v. LEONA REYES

    010 Phil 489

  • G.R. No. L-4324 March 21, 1908 - UNITED STATES v. CASIMIRO OLLALES

    010 Phil 493

  • G.R. No. L-3550 March 23, 1908 - GO CHIOCO v. INCHAUSTI & CO.

    010 Phil 495

  • G.R. No. L-3780 March 23, 1908 - UNITED STATES v. PEDRO SELLANO

    010 Phil 498

  • G.R. No. L-4132 March 23, 1908 - IN RE: MARIA SIASON Y MADRID DE LEDESMA

    010 Phil 504

  • G.R. No. L-4215 March 23, 1908 - LUCIO I. LIMPANGCO v. JUANA MERCADO

    010 Phil 508

  • G.R. No. L-4274 March 23, 1908 - JOSE ALANO v. JOSE BABASA

    010 Phil 511

  • G.R. No. L-4352 March 24, 1908 - UNITED STATES v. RICARDO BAYOT

    010 Phil 518

  • G.R. No. L-2674 March 25, 1908 - JOAQUIN JOVER Y COSTAS v. INSULAR GOV’T., ET AL.

    010 Phil 522

  • G.R. No. L-3357 March 25, 1908 - UNITED STATES v. A. W. PRAUTCH

    010 Phil 562

  • G.R. No. L-4012 March 25, 1908 - MAXIMO CORTES Y PROSPERO v. CITY OF MANILA

    010 Phil 567

  • G.R. No. L-4063 March 25, 1908 - UNITED STATES v. JUAN MARIÑO, ET AL.

    010 Phil 571

  • G.R. No. L-4091 March 25, 1908 - UNITED STATES v. BERNABE BACHO

    010 Phil 574

  • G.R. No. L-4354 March 25, 1908 - UNITED STATES v. CANDIDO POBLETE

    010 Phil 578

  • G.R. No. L-4418 March 25, 1908 - UNITED STATES v. ANDRES V. ESTRADA

    010 Phil 583

  • G.R. No. L-3339 March 26, 1908 - ROSA LLORENTE v. CEFERINO RODRIGUEZ

    010 Phil 585

  • G.R. No. L-3812 March 26, 1908 - PHIL. SUGAR ESTATES DEV’T. CO. v. BARRY BALDWIN

    010 Phil 595

  • G.R. No. L-4100 March 26, 1908 - MARIA SINGAYAN v. CALIXTA MABBORANG

    010 Phil 601

  • G.R. No. L-4121 March 26, 1908 - UNITED STATES v. PEDRO GARCIA

    010 Phil 603

  • G.R. No. L-4175 March 26, 1908 - A. W. BEAN v. B. W. CADWALLADER CO.

    010 Phil 606

  • G.R. No. L-4207 March 26, 1908 - JUAN VALLE v. SIXTO GALERA

    010 Phil 619

  • G.R. No. L-4265 March 26, 1908 - UNITED STATES v. LUIS PASCUAL

    010 Phil 621

  • G.R. No. L-4322 March 26, 1908 - INOCENTE MARTINEZ v. G. E. CAMPBELL

    010 Phil 626

  • G.R. No. L-4376 March 26, 1908 - UNITED STATES v. LIM SIP

    010 Phil 627

  • G.R. No. L-4420 March 26, 1908 - UNITED STATES v. NARCISO CAGUIMBAL

    010 Phil 630

  • G.R. No. 4160 March 26, 1908 - ANGEL GUSTILO, ET AL. v. FEDERICO MATTI, ET AL.

    011 Phil 611

  • G.R. No. 3539 March 27, 1908 - MANUEL RAMIREZ, ET AL. v. INSULAR GOVERNMENT

    011 Phil 617

  • G.R. No. 4372 March 27, 1908 - ENRIQUE M. BARRETTO v. CITY OF MANILA

    011 Phil 624

  • G.R. No. L-3612 March 27, 1908 - DOMINGO LIM v. JOSE LIM

    010 Phil 633

  • G.R. No. L-3762 March 27, 1908 - GOV’T. OF THE PHIL. ISLANDS v. ALEJANDRO AMECHAZURRA

    010 Phil 637

  • G.R. No. L-4037 March 27, 1908 - LIM JAO LU v. H. B. McCOY

    010 Phil 641

  • G.R. No. L-4200 March 27, 1908 - UNITED STATES v. SEGUNDO SAMONTE

    010 Phil 642

  • G.R. No. L-4203 March 27, 1908 - MANUEL CRAME SY PANCO v. RICARDO GONZAGA

    010 Phil 646

  • G.R. No. L-4469A March 27, 1908 - FELIPE G. CALDERON v. JOSE MCMICKING

    010 Phil 650

  • G.R. No. L-4017 March 28, 1908 - UNITED STATES v. PEDRO MARIÑO

    010 Phil 652

  • G.R. No. L-3007 March 30, 1908 - ROMAN CATHOLIC CHURCH v. MUNICIPALITY OF BADOC

    010 Phil 659

  • G.R. No. L-4198 March 30, 1908 - JUAN MERCADO v. JOSE ABANGAN

    010 Phil 676

  • G.R. No. L-4222 March 30, 1908 - UNITED STATES v. BASILIO CERNIAS

    010 Phil 682

  • G.R. No. L-4281 March 30, 1908 - JOSE GARRIDO v. AGUSTIN ASENCIO

    010 Phil 691

  • G.R. No. L-4377 March 30, 1908 - UNITED STATES v. VICENTE GARCIA GAVIERES

    010 Phil 694

  • G.R. No. L-3469 March 31, 1908 - JOSEFA AGUIRRE v. MANUEL VILLABA

    010 Phil 701

  • G.R. No. L-4078 March 31, 1908 - CONCEPCION MENDIOLA v. NICOLASA PACALDA

    010 Phil 705

  • G.R. No. L-4257 March 31, 1908 - SIMON MOSESGELD SANTIAGO v. RUFINO QUIMSON ET AL.

    010 Phil 707