Scribd Logo
Upload

Welcome to Scribd!

  • 37 views

    45 Garcia v. Gatchalian

    Uploaded by

    Nat Dugan
    This case discusses the validity of a will under Philippine law. The will was signed by the testator before a notary public but not acknowledged by the witnesses. The court affirmed that for a will to be valid under Article 806 of the Civil Code, it must be acknowledged by both the testator and witnesses before a notary public. As this will was not acknowledged by the witnesses, it did not comply with the mandatory legal requirements and could not be probated.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    45 Garcia v. Gatchalian

    Uploaded by

    Nat Dugan
    37 views1 page
    This case discusses the validity of a will under Philippine law. The will was signed by the testator before a notary public but not acknowledged by the witnesses. The court affirmed that for a will to be valid under Article 806 of the Civil Code, it must be acknowledged by both the testator and witnesses before a notary public. As this will was not acknowledged by the witnesses, it did not comply with the mandatory legal requirements and could not be probated.

    Original Description:

    CASE DIGEST

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case discusses the validity of a will under Philippine law. The will was signed by the testator before a notary public but not acknowledged by the witnesses. The court affirmed that for a will to be valid under Article 806 of the Civil Code, it must be acknowledged by both the testator and witnesses before a notary public. As this will was not acknowledged by the witnesses, it did not comply with the mandatory legal requirements and could not be probated.

    Copyright:

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

    45 Garcia v. Gatchalian

    Uploaded by

    Nat Dugan
    This case discusses the validity of a will under Philippine law. The will was signed by the testator before a notary public but not acknowledged by the witnesses. The court affirmed that for a will to be valid under Article 806 of the Civil Code, it must be acknowledged by both the testator and witnesses before a notary public. As this will was not acknowledged by the witnesses, it did not comply with the mandatory legal requirements and could not be probated.

    Copyright:

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

    Garcia v.

    Gatchalian
    November 25 1967| J. Dizon|Notarial Wills
    MND

    DOCTRINE: A will to be valid, must be acknowledged before a notary public not only by the testator but also by attesting
    witnesses.
    CASE SUMMARY: Garcia filed a petition for probate of Gatchalian’s will, alleging that he was instituted as the sole heir.
    The CFI found that while the will was authentic, it failed to comply with Art 806 which is a mandatory requirement.

    FACTS:
     On March 15, 1967, Gregorio Gatchalian, a widower of 71 years of age, died in the municipality of Pasig, Province of
    Rizal, leaving no forced heirs.
     On April 2 of the same year, Pedro Garcia filed a petition for the probate of said alleged will wherein he was instituted
    as sole heir. Felipe Gatchalian, Aurora G. Camins, Angeles G. Cosca, Federico G. Tubog, Virginia G. Talanay and
    Angeles C. Talanay, opposed the petition on the ground, among others, that the will was procured by fraud; that the
    deceased did not intend the instrument signed by him to be as his will; and that the deceased was physically and mentally
    incapable of making a will at the time of the alleged execution of said will.
     After due trial, the court rendered a decision finding the document to be the authentic last will of the deceased but
    disallowing it for failure to comply with the mandatory requirement of Article 806 of the New Civil Code —
    that the will must be acknowledged before a notary public by the testator and the witnesses.
     Garcia now appeals the decision.

    ISSUE: W/N the will may be probated? NO.

    RULING:
     An examination of the document shows that the same was acknowledged before a notary public by the testator but not
    by the instrumental witnesses.
     Article 806 of the New Civil Code reads as follows: "Every will must be acknowledged before a notary public by the
    testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the
    office of the Clerk of Court."
     We have held heretofore that compliance with the requirement contained in the above legal provision to the effect that
    a will must be acknowledged before a notary public by the testator and also by the witnesses is indispensable for its
    validity (In re: Testate Estate of Alberto, G.R. No. L-11948, April 29, 1959). As the document under consideration
    does not comply with this requirement, it is obvious that the same may not be probated.

    DISPOSITION: WHEREFORE, the decision appealed from is affirmed, with costs.

    You might also like