Case Digest (G.R. No. L-32213)
Facts:
Agapita N. Cruz v. Hon. Judge Guillermo P. Villasor, G.R. No. L-32213. November 26, 1973, the Supreme Court First Division, Esguerra, J., writing for the Court.Petitioner Agapita N. Cruz (the surviving spouse of the decedent Valente Z. Cruz) opposed the probate of the decedent’s purported last will and testament (Exhibit "E"), filed for probate in the Court of First Instance of Cebu. The petition to probate named Manuel B. Lugay as executor. Petitioner alleged the will was procured through fraud, deceit, misrepresentation and undue influence, that the testator was not fully informed of the contents (particularly the properties disposed of), and that the will was not executed in accordance with law.
At the Court of First Instance of Cebu the trial judge allowed probate despite petitioner’s objections. The critical factual feature was that the instrument purportedly bore the attestations of three instrumental witnesses — Deogracias T. Jamaoas, Jr., Dr. Francisco Panares, and Atty. Angel H. Teves, Jr. — but Atty. Teves also acted as the notary public before whom the will was acknowledged.
Petitioner filed a petition to review on certiorari in the Supreme Court questioning the validity of the will under Articles 805 and 806 of the Civil Code (the first requiring at least three credible attesting witnesses; the second requiring that the testator and witnesses acknowledge the will before a notary...(Subscriber-Only)
Issues:
- Was the last will and testament (Exhibit "E") executed in accordance with law — specifically Articles 805 and 806 of the Civil Code — where one of the three attesting witnesses was also the notary public who acknowled...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)