Title
Coso vs. Deza
Case
G.R. No. 16763
Decision Date
Dec 22, 1921
A testator's will, favoring his illegitimate son and mistress, was upheld as valid; undue influence claims were unproven, preserving his free agency.

Case Digest (G.R. No. 16763)
Expanded Legal Reasoning Model

Facts:

  • Background of the parties and the will
    • The testator was a married man and resident of the Philippine Islands.
    • He became acquainted with Rosario Lopez in Spain in 1898 and had illicit relations with her for many years.
    • Rosario Lopez followed the testator to Manila in February 1918 and stayed in close contact with him until his death in February 1919.
    • The testator executed a will which gave the *tercio de libre disposicion* (one-third of the estate subject to free disposition) to his illegitimate son by Rosario Lopez.
    • The will also provided for the payment to Rosario Lopez of 1,900 Spanish duros as reimbursement for expenses incurred while taking care of the testator in Barcelona during his severe illness from 1909 to 1916.
  • Legal challenge and context
    • The Court of First Instance of Manila set aside the will on the ground that Rosario Lopez exerted undue influence over the testator’s mind.
    • The testator was a lawyer by profession, intelligent, and apparently aware of his own mind.
    • The main legal question is whether the influence exercised by Rosario Lopez over the testator was of such a character as to vitiate the will.

Issues:

  • Whether the influence exerted by Rosario Lopez on the testator constituted undue influence sufficient to invalidate the will.
  • Whether the will expresses the testator’s own free will or the will imposed by another.
  • Whether there was any imposition, fraud, or destruction of the testator’s free agency.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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