Case Digest (G.R. No. 10806)
Facts:
Counsel for Monica Bona, widow by second marriage of the deceased Francisco Briones (died August 14, 1913), filed for the probate of a will executed September 16, 1911, and for approval of partition; by order of January 20, 1915 the trial court set the matter for hearing. Counsel for Hospicio Briones, Gregoria Briones, and Carmen Briones, legitimate children by the first marriage, opposed the probate on grounds of defective attestation and undue influence; after testimony, including that of witness Gregorio Bustilla, the trial court denied probate by judgment dated March 27, 1915, and Bona appealed.
Issues:
- Were the solemnities prescribed by section 618 of Act No. 190 observed in the execution of the will of Francisco Briones?
- Did the amendatory requisites of Act No. 2645 apply to the probate of the will executed in 1911?
Ruling:
The Court reversed the trial court and declared that the will (Exhibit A) was duly executed by Francisco Briones on September 16, 1911, and contained his last testamentary wishes. The records were ordered returned to the lower court for further proceedings and for issuance of certified copies; no special ruling as to costs.
Ratio:
Testimony established that the testator signed the will in the joint presence of the notary Domingo de la Fuente and two other witnesses, all of whom signed in each other's presence, and that the testator was of sound mind and acted voluntarily. Under the last paragraph of section 618 of Act No. 190, a will is not invalid for lack of formal attestation if it is proven that it was in fact signed and attested as required; moreover, Act No. 2645 did not apply retroactively to a will executed in 1911 because the amendment took effect only in 1916 and hereditary rights arise at death.
Doctrine:
- A will executed and signed in the presence of the testator and attested by witnesses satisfies section 618 of Act No. 190 when proof shows actual signing and attestation despite minor formal defects.
- The last paragraph of section 618 of Act No. 190 permits probate where the attestation form is defective but the substantive requirements are proven.
- An amendatory statute (here Act No. 2645) does not govern instruments executed before its effective date where rights arose under the former law.
- A notary who drafts a will at the testator’s direction may also qualify as an attesting witness if he participated and signed as such.