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    Apolonio Taboada vs. Hon. Avelino Rosal Digest

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    Marie Chielo
    The petitioner filed a petition to probate the will of Dorotea Perez. The will was written in the Cebuano-Visayan dialect across two pages, with the testatrix and witnesses signing in different places on each page. The trial court denied probating the will for lack of proper execution. On appeal, the issue was whether Article 805 of the Civil Code requires the testatrix and all witnesses to sign at the end of the will. The Supreme Court ruled no, finding the will was properly executed and identified as the testatrix's will despite the different signature placements, and the law is to be liberally construed to give effect to the testator's wishes while preventing fraud.

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    Apolonio Taboada vs. Hon. Avelino Rosal Digest

    Uploaded by

    Marie Chielo
    519 views1 page
    The petitioner filed a petition to probate the will of Dorotea Perez. The will was written in the Cebuano-Visayan dialect across two pages, with the testatrix and witnesses signing in different places on each page. The trial court denied probating the will for lack of proper execution. On appeal, the issue was whether Article 805 of the Civil Code requires the testatrix and all witnesses to sign at the end of the will. The Supreme Court ruled no, finding the will was properly executed and identified as the testatrix's will despite the different signature placements, and the law is to be liberally construed to give effect to the testator's wishes while preventing fraud.

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    The petitioner filed a petition to probate the will of Dorotea Perez. The will was written in the Cebuano-Visayan dialect across two pages, with the testatrix and witnesses signing in different places on each page. The trial court denied probating the will for lack of proper execution. On appeal, the issue was whether Article 805 of the Civil Code requires the testatrix and all witnesses to sign at the end of the will. The Supreme Court ruled no, finding the will was properly executed and identified as the testatrix's will despite the different signature placements, and the law is to be liberally construed to give effect to the testator's wishes while preventing fraud.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    519 views1 page

    Apolonio Taboada vs. Hon. Avelino Rosal Digest

    Uploaded by

    Marie Chielo
    The petitioner filed a petition to probate the will of Dorotea Perez. The will was written in the Cebuano-Visayan dialect across two pages, with the testatrix and witnesses signing in different places on each page. The trial court denied probating the will for lack of proper execution. On appeal, the issue was whether Article 805 of the Civil Code requires the testatrix and all witnesses to sign at the end of the will. The Supreme Court ruled no, finding the will was properly executed and identified as the testatrix's will despite the different signature placements, and the law is to be liberally construed to give effect to the testator's wishes while preventing fraud.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Marie Chielo H.

    Ybio
    Succession

    June 24, 2014

    APOLONIO TABOADA vs. HON. AVELINO ROSAL


    118 SCRA 195
    November 5, 1982
    Facts:
    Apolonio Taboada, herein petitioner, filed with the respondent court a petition for
    probate of the will. He attached the subject last will and testament of the late
    Dorotea Perez. Written in the Cebuano-Visayan dialect, the will consists of two pages.
    The first page contains the entire testamentary dispositions and is signed at the end
    or bottom of the page by the testatrix alone and at the left hand margin by the three
    instrumental witnesses. The second page which contains the attestation clause and
    the acknowledgment is signed at the end of the attestation clause by the three
    attesting witnesses and at the left hand margin by the testatrix.
    Since no opposition was filed after the requirement of publication was complied with,
    the clerk of court received the petitioner's evidence. Accordingly, the petitioner
    submitted his evidence and presented Vicente Timkang, one of the subscribing
    witnesses to the will. The trial court denied the probate of the will of Dorotea Perez
    for want of a formality in its execution. It also required the petitioner to submit the
    names of the intestate heirs with their corresponding addresses so that they could be
    properly notified and could intervene in the summary settlement of the estate.
    Petitioner filed a motion for reconsideration of the order denying the probate of the
    will and a manifestation and/or motion ex parte. The said motions were still pending
    resolution when respondent Judge Avelino Rosal assumed the position of presiding
    judge of the respondent court. Subsequently, the new Judge denied all the filed
    motions. Hence, this present petition.
    Issue:
    Whether or not Article 805 of the Civil Code require that the testatrix and all the
    three instrumental and attesting witnesses sign at the end of the will and in the
    presence of the testatrix and of one another
    Ruling:
    No. Under Article 805 of the Civil Code, the will must be subscribed or signed at
    its end by the testator himself or by the testator's name written by another 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 one another. The law
    uses the terms attested and subscribed. Attestation consists in witnessing the
    testator's execution of the will in order to see and take note mentally that
    those things are, done which the statute requires for the execution of a will
    and that the signature of the testator exists as a fact. On the other hand,
    Subscription is the signing of the witnesses' names upon the same paper
    for the purpose of identification of such paper as the will which was
    executed by the testator.
    In the case at bar, the objects of attestation and of subscription were fully met and
    satisfied when the instrumental witnesses signed at the left margin of the sole page
    which contains all the testamentary dispositions, especially so when the will was
    properly Identified by the subscribing witness to be the same will executed by the
    testatrix. There was no question of fraud or substitution behind the questioned order.
    Moreover, the law is to be liberally construed, "the underlying and
    fundamental objective permeating the provisions on the law on wills in this
    project consists in the liberalization of the manner of their execution with
    the end in view of giving the testator more freedom in expressing his last
    wishes but with sufficient safeguards and restrictions to prevent the commission of
    fraud and the exercise of undue and improper pressure and influence upon the
    testator.

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