Civil Law

Lucio Balonan vs Eusebia Abellana

Can't share this digest on Facebook? Here's why.

image_printPrint this!

G.R. No. L-15153 – 109 Phil. 359 – Civil Law – Succession – Wills – Testamentary Requirements – Extrinsic Validity – Signature of Testator

Anacleta Abellana left a will. In said will, she let a certain Juan Bello sign the will for her. The will consists of two pages. The first page is signed by Juan Abello and under his name appears typewritten “Por la testadora Anacleta Abellana”. On the second page, appears the signature of Juan Bello under whose name appears the phrase, “Por la Testadora Anacleta Abellana” – this time, the phrase is handwritten.

ISSUE: Whether or not the signature of Bello appearing above the typewritten phrase “Por la testadora Anacleta Abellana” comply with the requirements of the law prescribing the manner in which a will shall be executed.

HELD: No. Article 805 of the Civil Code provides that:

“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.”

In the case at bar the name of the testator, Anacleta Abellana, does not appear written under the will by said Abellana herself, or by Juan Abello. There is, therefore, 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.

Note that the phrase “Por la testadora Anacleta Abellana” was typewritten and above it was the signature of Abello – so in effect, when Abello only signed his name without writing that he is doing so for Anacleta, he actually omitted the name of the testator. This is a substantial violation of the law and would render the will invalid.

Read full text.

image_printPrint this!

Leave a Reply