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    Testate Estate of Abada vs. Abaja

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    Afukuh Ni Ilingentreseneng
    The Supreme Court upheld the Court of Appeals' ruling that affirmed the trial court's decision to admit the probate will of Abada. The opposition argued that the attestation clause was defective because it did not state the number of pages of the will or that the testator signed in the presence of witnesses. However, the Supreme Court found that the attestation clause sufficiently stated that the will consisted of two pages and that the testator signed in the presence of witnesses, as required. Therefore, the will was validly executed and sufficiently proved, and the Court of Appeals properly applied the rule of substantial compliance.

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    Testate Estate of Abada vs. Abaja

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    Afukuh Ni Ilingentreseneng
    169 views2 pages
    The Supreme Court upheld the Court of Appeals' ruling that affirmed the trial court's decision to admit the probate will of Abada. The opposition argued that the attestation clause was defective because it did not state the number of pages of the will or that the testator signed in the presence of witnesses. However, the Supreme Court found that the attestation clause sufficiently stated that the will consisted of two pages and that the testator signed in the presence of witnesses, as required. Therefore, the will was validly executed and sufficiently proved, and the Court of Appeals properly applied the rule of substantial compliance.

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    Wills and succession case digest

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    The Supreme Court upheld the Court of Appeals' ruling that affirmed the trial court's decision to admit the probate will of Abada. The opposition argued that the attestation clause was defective because it did not state the number of pages of the will or that the testator signed in the presence of witnesses. However, the Supreme Court found that the attestation clause sufficiently stated that the will consisted of two pages and that the testator signed in the presence of witnesses, as required. Therefore, the will was validly executed and sufficiently proved, and the Court of Appeals properly applied the rule of substantial compliance.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    169 views2 pages

    Testate Estate of Abada vs. Abaja

    Uploaded by

    Afukuh Ni Ilingentreseneng
    The Supreme Court upheld the Court of Appeals' ruling that affirmed the trial court's decision to admit the probate will of Abada. The opposition argued that the attestation clause was defective because it did not state the number of pages of the will or that the testator signed in the presence of witnesses. However, the Supreme Court found that the attestation clause sufficiently stated that the will consisted of two pages and that the testator signed in the presence of witnesses, as required. Therefore, the will was validly executed and sufficiently proved, and the Court of Appeals properly applied the rule of substantial compliance.

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    of 2

    TESTATE ESTATE OF ABADA vs. ABAJA HELD: No, CA is correct.

    Caponong-Noble proceeds to
    G. R. no. 14714531 January 2005 point out several defects in the attestation clause.
    Carpio, J.: Caponong-Noble alleges that the attestation clause fails
    FACTS: Abada and his wife Toray died without to state the number of pages on which the will is
    legitimate children. Abaja, filed with CFI of Negros written. The allegation has no merit. The phrase "en el
    Occidental a petition for probate of the will of Abada. margen izquierdo de todas
    The latter allegedly named y cada una de las dos hojas de que estacompuesto el
    as his testamentary heirs his natural children, Eulogio mismo" which means "in the left margin of each and
    Abaja and Rosario Cordova. (respondent Abaja was the every one of the two pages consisting of the same"
    son of Eulogio) One Caponong opposed the position on shows that the will consists of two pages. The pages are
    the ground that Abaja left no will when he died and if numbered correlatively with the letters "ONE" and
    such was really executed by him "TWO" as can be gleaned from
    it should be disallowed for the following reasons: (1) it the phrase "las cuales estan paginadascorrelativamente
    was not executed and attested as required by law; (2) it con las letras "UNO" y "DOS."Caponong-
    was not intended as the last will of the testator; and (3) Noble further alleges that the attestation clause fails to
    it wasprocured by undue and improper pressure state expressly that the testator signed the will and its
    and influence on the part of thebeneficiaries. Citing the every page in the presence of three witnesses. She then
    same grounds invoked by Caponong, the alleged faults the Court of Appeals for applying to the present
    intestate heirs of Abada, Joel Abada et. al. also opposed case the rule on substantial compliance found in Article
    the petition. The oppositors are the nephews, nieces 809 of the New Civil
    and grandchildren of Abada and Toray. Code. The first sentence of the attestation
    Respondent Abaja filed another clause reads: "Suscrito y declarado por eltestador Alipio
    petition for the probate will of Toray.Caponong and Joel Abada como su ultimavoluntad y testamento en presen
    Abada et. al opposed the cia denosotros, habiendo tambien el testador firmado
    petition on the same grounds. Caponong en nuestra presencia en el margenizquierdo de todas y
    likewise filed a petition praying for the cada una de las
    issuance in his name of letters of administration of the i hojasdel mismo." The English translation is:
    ntestate estate of Abada and Toray. RTC admitted the "Subscribed and professed by the testator Alipio Abada
    probate will of Toray since the oppositors did not file as his last will and testament in our presence, the
    any motion for reconsideration, the order allowing the testator having also signed it in our presence on the left
    probate of Toray’s will became final andexecutory. The margin of each and every one of the pages of the
    court also assigned oneCaponong- same." The attestation clause clearly states that Abada
    Noble as special administratix of the estate of Abada signed the will and its every page in the presence of the
    and Toray. Caponong – Noble moved for the dismissal witnesses.
    of the petition for the probate will of Abada which was
    denied by the Court.
    During the proceeding, the judgefound out that the mat
    ter on hand wasalready submitted for decision by anoth
    er judge admitting the probate will of abada. Since
    proper notices to the heirs has been complied with as
    well as other requirements, the judge ruled in favor of
    the validity of the probate will. RTC ruled only on the
    issue raised by the oppositors in their motions
    to dismiss the petition for probate that is whether the
    will of Abada has an attestation clause as
    requiredby law. It held that the failure of theoppositors
    to raise any other matterforecloses all other issues.
    Caponong-Noblefiled a notice of appeal. CA affirmed
    RTC’s decision.

    ISSUE: Whether or not the CA ruled in sustaining the


    RTC admitting the probate willof Abada.
    "witnesses may sabotage the will by muddling or bungling
    it or the attestation clause."

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