Case Digest (G.R. No. 72566)
Facts:
In Bagtas vs. Paguio, G.R. No. 6801, decided March 14, 1912 by the Court of First Instance of Bataan and affirmed by the Supreme Court, Juliana Bagtas (widow and executrix) propounded what she claimed was the last will and testament of her late husband, Pioquinto Paguio y Pizarro, executed April 19, 1908 in Pilar, Bataan. The testator died September 28, 1909. Opponents—his son and grandchildren by a former marriage—challenged probate on two grounds: non‐compliance with statutory formalities and lack of testamentary capacity. The lower court admitted the will to probate, finding that the testator, despite long‐standing left‐side paralysis, impaired hearing and speech loss, had personally drafted notes of dispositions, handed them to Atty. Marco for transcription, assented by head-nod to each draft reading, signed the final document before four subscribing witnesses (Agustin, Anacleto, Francisco, and Pedro Paguio), and that each witness signed in his presence. Medical witnesses noCase Digest (G.R. No. 72566)
Facts:
- Parties and Procedural History
- Juliana Bagtas, widow of Pioquinto Paguio y Pizarro, propounds a will executed April 19, 1908; Paguio died September 28, 1909.
- Opponents are a son and several grandchildren by a former marriage. They appeal from the Court of First Instance of Bataan’s order admitting the will to probate.
- Execution of the Will
- Testator’s condition: 14–15 years of left-side paralysis, impaired hearing, loss of speech, drooping head, saliva flow; retained right-hand writing ability and used signs to communicate.
- Formalities observed: testator wrote disposal notes, attorney Marco transcribed and read them, testator assented by head movements, the will was read aloud, testator signed before four subscribing witnesses (Agustin, Anacleto, Francisco, Pedro Paguio), who then signed in his presence.
- Evidence on Mental Capacity
- Witnesses for propounder: three attesting witnesses and Florentino Ramos testified to testator’s coherent assent, participation, and writing ability.
- Witnesses for opponents: two attesting witnesses offered uncertain opinions; Dr. Basa noted some mental disorder but gave no opinion on capacity at execution; Dr. Viado, relying on hypothetical inputs, could not certify incapacity.
Issues:
- Did the will comply with the statutory formalities for testamentary execution under the Code of Civil Procedure?
- Did Pioquinto Paguio possess the requisite mental capacity to execute a valid will at the time of its execution?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)