Title
Codoy vs. Calugay
Case
G.R. No. 123486
Decision Date
Aug 12, 1999
Petitioners sought probate of a contested holographic will; Supreme Court ruled Article 811 mandatory, remanded due to insufficient evidence and handwriting discrepancies.

Case Digest (G.R. No. 123486)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural History
    • Petitioners
      • Eugenia Ramonal Codoy and Manuel Ramonal, legally adopted children of the deceased Matilde SeAo Vda. de Ramonal.
      • Filed opposition to the probate of her alleged holographic will.
    • Respondents
      • Evangeline R. Calugay, Josephine Salcedo, and Eufemia Patigas, named devisees and legatees.
      • Petitioned the RTC (Misamis Oriental, Branch 18) on April 6, 1990, to probate a will dated August 30, 1978.
    • Lower Court Disposition
      • Respondents presented six lay witnesses and documentary evidence.
      • Petitioners filed a demurrer to evidence; RTC granted it on November 26, 1990, denying probate for insufficiency of proof.
    • Court of Appeals Decision
      • CA in CA-G.R. CV No. 31365 reversed RTC on October 9, 1995.
      • Relied on Azaola v. Singson to hold that Article 811 CC’s three-witness rule is directory, admitted the will on unrebutted lay testimony.
  • Evidence and Key Testimonies
    • Lay Witnesses for Respondents
      • Evangeline Calugay (adopted daughter)—familiar with testatrix’s signature from daily life.
      • Matilde Ramonal Binanay (niece and former bookkeeper)—handled rentals, receipts, account records.
      • Rodolfo Waga (former lawyer of testatrix)—recognized signature as “similar.”
      • Teresita Vedad (DENR employee)—handled decedent’s pasture-permit paperwork.
      • Augusto Neri (Clerk of Court)—produced court records but did not vouch handwriting.
      • Generosa Senon (election registrar)—could not produce destroyed voter’s affidavit.
    • Cross-Examination Highlights
      • Binanay admitted he possessed the will since 1985, kept it hidden from petitioners.
      • Counsel pointed out hesitations, retracings, uneven strokes in the will’s signatures.
      • Waga stated he was “not familiar” but that the signatures merely “seem” similar to those in partition records.

Issues:

  • Interpretation of Article 811, Civil Code:
    • Is the requirement of three qualified witnesses in a contested holographic will mandatory or directory?
  • Sufficiency of Evidence:
    • Did respondents prove by credible evidence that the will’s date, text, and signature were entirely in the testatrix’s handwriting?
  • Signature Authenticity Analysis:
    • Did the CA err in failing to analyze discrepancies between the holographic will’s signatures and other writings of Matilde?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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