G.R. No. 1439 - Castaneda vs. Alemany

Antonio Castaneda, plaintiff and appellee, filed a case concerning the probate of a will.
Jose E. Alemany, defendant and appellant, opposed the probate of the will.
The will in question was that of the deceased Dona Juana Moreno.

The will was duly signed by Dona Juana Moreno herself.
Three witnesses signed the will as witnesses in the presence of the testatrix and each other.
The will was typewritten in the office of the lawyer for the testatrix.

The court conducted proceedings for the probate of the will under the new Code of Civil Procedure.
The appellants raised issues regarding the validity of the will, including questions about the appointment of a guardian for the testatrix’ children and the identity of the will presented.
The appellants argued that the will must be written by the testator or by someone in his presence and under his express direction.
They also questioned whether the will presented was the same document to which the witnesses testified.

Was the will of Dona Juana Moreno properly executed in accordance with Section 618 of the Code of Civil Procedure?
Does Section 618 require that the will be written by the testator himself or in his presence and under his express direction?
What is the scope and purpose of the probate proceedings under the new Code of Civil Procedure, especially concerning the validity of provisions in the will?
Could the court in the probate proceedings determine the validity of the appointment of a guardian or other substantive matters in the will?
Did the evidence prove that the will presented in court was the same will executed by the testatrix and testified to by the witnesses?