The document discusses the requirements for a valid will under Philippine law. It examines a case where a will was signed by a witness on behalf of the testator, but did not include the testator's name. The court ruled this did not meet the legal requirements for a valid will as the testator's name was not written by the witness signing on their behalf as the law requires.
The document discusses the requirements for a valid will under Philippine law. It examines a case where a will was signed by a witness on behalf of the testator, but did not include the testator's name. The court ruled this did not meet the legal requirements for a valid will as the testator's name was not written by the witness signing on their behalf as the law requires.
The document discusses the requirements for a valid will under Philippine law. It examines a case where a will was signed by a witness on behalf of the testator, but did not include the testator's name. The court ruled this did not meet the legal requirements for a valid will as the testator's name was not written by the witness signing on their behalf as the law requires.
The document discusses the requirements for a valid will under Philippine law. It examines a case where a will was signed by a witness on behalf of the testator, but did not include the testator's name. The court ruled this did not meet the legal requirements for a valid will as the testator's name was not written by the witness signing on their behalf as the law requires.
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BALONAN v.
ABELLANA Arts. 805, 806: Specific Requirements
LUCIO BALONAN v. EUSEBIA ABELLANA, et al.
G.R. No. L-15153, AUGUST 31, 1960
Where the testator does not know how or is unable to sign, it will not be sufficient that one of the attesting witnesses signs the will at the testator’s request, but it is necessary that the testator’s name be written by the person signing in his stead in the place where he would have signed if he knew how or was able to do so, and this in the testator’s presence and by his express direction, so that a will signed in a manner different than that prescribed by law shall not be valid and will not allowed to be probated.
Where a testator does not know how, or is unable for by any reason, to sign the will himself, it shall be signed in the following manner: “John Doe by the testator, Richard Roe”; or in this form, “By the testator, John Doe, Richard Doe”. All of this must be written by the witness signing at the request of the testator.
FACTS:
The last will and testament which is sought to be probated is written in the Spanish language and consists of two typewritten pages, double space. The first page is signed by Juan Bello and under his name appears typewritten ‘Por la testadora Anacleta Abellana, residence Certificate A-1167629, Enero 20, 1951, Ciudad de Zamboanga’, and on the second page appears the signature of the three instrumental witnesses Blas Sebastian, Faustino Macaso, and Rafael Ignacio, at the bottom of which appears the signature of T. de los Santos and below his signature is his official designation as the notary public who notarized the said document. On the first page on the left margin of the said instrument also appear the signatures of the instrumental witnesses.
On the second page, which is the last page of said last will and testament, also appears the signature of the three instrumental witnesses and on that second page on the left margin appears the signature of Juan Bello under whose name appears handwritten the following phrase, ‘Por da Testadora Anacleta Abellana’. The will is duly acknowledged before Notary Public, Atty. Timoteo de los Santos.
ISSUE: Whether the signature of Dr. Juan A. Balloon above the typewritten statement “Por la Testadora Anacleta Abellana, xxx Ciudad de Zamboanga” comply with the requirements of Art 805 of the Civil Code which prescribes the manner in which a will shall be executed.
RULING:
NO. Art. 805 of the Civil Code, in part provides as follows:
“Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself 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 of one another.”
The clause “must be subscribed at the end thereof by the testator himself or by the testator’s name written by some other person in his presence and by his express direction,” is practically the same as the provisions of Section 618 of the Code of Civil Procedure (Act No. 190). BALONAN v. ABELLANA Arts. 805, 806: Specific Requirements
The old law as well as the new require that the testator himself sign the will, or if he cannot do so, the testator’s name must be written by some other person in his presence and by his express direction. Applying this provision, the Court ruled in the case of Ex Parte Pedro Arcenas, et al., that where the testator does not know how, it is unable to sign, it will not be sufficient that one of the attesting witnesses signs the will at the testator’s request, but it is necessary that the testator’s name be written by the person signing in his stead in the place where he would have signed if he knew how or was able to do so, and this in the testator’s presence and by his express direction, so that a will signed in a manner different than that prescribed by law shall not be valid and will not allowed to be probated.
Where a testator does not know how, or is unable for by any reason, to sign the will himself, it shall be signed in the following manner: “John Doe by the testator, Richard Roe”; or in this form, “By the testator, John Doe, Richard Doe”. All of this must be written by the witness signing at the request of the testator.
In this case, the name of the testatrix, Anacleta Abella, does not appear written under the will by said Abellana herself, or by Dr. Juan Abello. Therefore, there is a failure to comply with the express requirement in the law that the testator must himself sign the will, or that his name be affixed thereto by some other person in his presence and by his express direction.
It appearing that the above provision of the law has not been complied with, the Court ruled that the said will of the deceased Anacleta Abellana may not be admitted to probate.
