Facts:

The case titled "In the Matter of the Summary Settlement of the Estate of the Deceased Anacleta Abellana" involves Lucio Balonan as the petitioner and appellee, while Eusebia Abellana, among others, serves as the oppositors and appellants. The incident arose from a decision made by the Court of First Instance of Zamboanga City, which admitted the will of Anacleta Abellana to probate. The case reached the Supreme Court on August 31, 1960, following an appeal from the Court of Appeals. The core of the appeal rested on a claimed error by the trial court in affirmatively ruling that the will, identified as Exhibit 'A', was signed in accordance with legal requirements and thus allowed for probate.

The will in question, sought to be probated, was written in the Spanish language and contained two typewritten pages. The first page was signed by Juan Bello, followed by the statement "Por la testadora Anacleta Abellana" along with a residential certificate num

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Facts:

Background of the Case

• The case involves the dispute over the probate of the last Will and Testament of the deceased Anacleta Abellana.
• Lucio Balonan, as petitioner and appellee, opposed the actions of Eusebia Abellana and others, who acted as oppositors and appellants.
• The decision under review originated from the Court of First Instance of Zamboanga City, which had admitted the will to probate.
• With the appeal raising a question of law regarding the validity of the execution of the will, the case was certified to the Supreme Court.

Description of the Will and Its Execution

• The will is written in the Spanish language and comprises two typewritten, double-spaced pages.
• On the first page:
• The signature of Juan Bello appears, accompanied by a typewritten note reading “Por la testadora Anacleta Abellana, residence Certificate A-1167629, Enero 20, 1951, Ciudad de Zamboanga.”
• The left margin also shows the signatures of the instrumental witnesses.
• On the second page:
• The signature of Juan Bello is repeated on the left margin with an accompanying handwritten phrase “Por la Testadora Anacleta Abellana.”
• At the bottom of the page, the signatures of three instrumental witnesses—Bias Sebastian, Faustino Macaso, and Rafael Ignacio—are affixed.
• The signature of T. de los Santos, the Notary Public, appears along with his official designation, indicating that he notarized the testament.

Procedure and Notarization

• The will was duly acknowledged before Notary Public Timoteo de los Santos.
• Despite its execution, questions were raised regarding whether the will complied with the legal formalities required for a valid execution.
• The trial court admitted the will to probate; however, the appeal contested this decision based on the manner of the signature affixing.

Issue:

Central Legal Issue

• Whether the signature (or signature-like inscription) of Dr. Juan A. Abello, which appears above the typewritten statement “Por la Testadora Anacleta Abellana, Ciudad de Zamboanga,” complies with the legal requirements for executing a will.

Specific Questions Raised

• Did the will meet the statutory mandate of Article 805 of the Civil Code and Section 618 of the Code of Civil Procedure, which require that a will must be signed by the testator or, if unable, his name must be written by another in his presence and by his express direction?
• Is the method employed in sealing the signature—where the testatrix’s name was not personally signed by herself—sufficient to validate the will under the law?
• To what extent does the failure to follow the prescribed signing protocol affect the admissibility and validity of the will?

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)