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    Visayan Although Residing in San Juan, Rizal at The Time of His Death. The Will Was Executed in The City

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    Praisah Marjorey Picot
    The Supreme Court ruled that the will written in Spanish was invalid because there was no evidence that the testator, Jose J. Javellana, knew Spanish. Javellana was a Visayan resident of San Juan, Rizal. Letters he wrote were in the Visayan dialect, not Spanish. As Spanish was not the primary language of the area and there was no proof Javellana knew Spanish, the legal presumption of knowing the language of the will did not apply in this case. The petition to probate the Spanish will was denied.

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    Visayan Although Residing in San Juan, Rizal at The Time of His Death. The Will Was Executed in The City

    Uploaded by

    Praisah Marjorey Picot
    198 views1 page
    The Supreme Court ruled that the will written in Spanish was invalid because there was no evidence that the testator, Jose J. Javellana, knew Spanish. Javellana was a Visayan resident of San Juan, Rizal. Letters he wrote were in the Visayan dialect, not Spanish. As Spanish was not the primary language of the area and there was no proof Javellana knew Spanish, the legal presumption of knowing the language of the will did not apply in this case. The petition to probate the Spanish will was denied.

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    Javellana-vs-Javellana

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    The Supreme Court ruled that the will written in Spanish was invalid because there was no evidence that the testator, Jose J. Javellana, knew Spanish. Javellana was a Visayan resident of San Juan, Rizal. Letters he wrote were in the Visayan dialect, not Spanish. As Spanish was not the primary language of the area and there was no proof Javellana knew Spanish, the legal presumption of knowing the language of the will did not apply in this case. The petition to probate the Spanish will was denied.

    Copyright:

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

    Visayan Although Residing in San Juan, Rizal at The Time of His Death. The Will Was Executed in The City

    Uploaded by

    Praisah Marjorey Picot
    The Supreme Court ruled that the will written in Spanish was invalid because there was no evidence that the testator, Jose J. Javellana, knew Spanish. Javellana was a Visayan resident of San Juan, Rizal. Letters he wrote were in the Visayan dialect, not Spanish. As Spanish was not the primary language of the area and there was no proof Javellana knew Spanish, the legal presumption of knowing the language of the will did not apply in this case. The petition to probate the Spanish will was denied.

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

    Testate Estate JAVELLANA vs JAVELLANA

    G.R. No. L-13781             January 30, 1960

    is no evidence, that Spaniards is the language


    currently used either in San Juan, Rizal, or Manila. It
    follows, therefore, that no presumption can rise that
    FACTS: A petition to probate the will and testament
    the testator knew the Spanish Language.
    (written in Spanish) of Jose J. Javellana, a resident
    of San Juan, was filed before the CFI of Rizal on June
    29, 1957 by the widow and brother of the deceased.
    This petition was opposed on the grounds that the
    alleged will was not executed "in accordance with the
    formalities required by law" and that "the legal
    requirements necessary for its validity" had not been
    complied with.

    The oppositor introduced two letters in the Visayan


    dialect allegedly written by the deceased, the
    signatures appearing thereon being identified by as
    those of the deceased, for the sole purpose of
    comparing said signatures with those appearing in
    the will.

    ISSUE: Whether the presumption of knowledge of


    the language of the will is applicable is applicable. -
    NO

    RULING: The language requirement of the law on


    wills has not been satisfactorily complied with in this
    case. Admittedly, there is want of expression in the
    body of the will itself or in its attestation clause that
    the testator knew Spanish, the language in which it
    is written. It is true that there is no statutory
    provision requiring this and that proof thereof may
    be established by evidence aliunde. But here, there is
    absolutely no such evidence presented by the
    petitioners-appellees. Not even the petition for
    probate contains any allegation to this effect.

    Some Cases where Presumption Applies


    In some cases, it is true, this lack of evidence was
    considered cured by presumption of knowledge of
    the language or dialect used in the will, as where the
    will is executed in a certain province or locality, in
    the dialect currently used in such province or locality
    in which the testator is a native or resident, the
    presumption arises that the testator knew the dialect
    so used, in the absence of evidence to the contrary;
    or where the will is in Spanish, the fact that the
    testratrix was a "mestiza española", was married to
    a Spaniard, made several trips to Spain, and some of
    her letters in her own handwriting submitted as
    evidence by the oppositor, are in Spanish, give rise
    to the presumption that she knew the language in
    which the will was written, in the absence of proof to
    the contrary.

    Presumption Does Not Apply in this Case


    No such or similar circumstances exist. On the
    contrary, there is evidence that the testator is a
    Visayan although residing in San Juan, Rizal at the
    time of his death. The will was executed in the City
    of Manila. Undoubtedly, it cannot be said, and there

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