Case Digest (G.R. No. L-34355)
Facts:
In Agapita N. Cruz v. Hon. Judge Guillermo P. Villasor and Manuel B. Lugay (G.R. No. L-32213, decided February 25, 1974), petitioner Agapita N. Cruz, the surviving spouse of the late Valente Z. Cruz, sought to prevent the probate of her husband’s purported last will and testament (Exhibit “E”) in the Court of First Instance of Cebu, Branch I. She alleged that the will was procured through fraud, deceit, misrepresentation, and undue influence, that the testator was not fully informed of its contents, and that it failed to comply with the formal requisites of law. Despite her objections, the trial court admitted the will to probate and appointed Manuel B. Lugay as executor. Aggrieved, Agapita filed a petition for certiorari before the Supreme Court, contending that the will was not executed in accordance with Articles 805 and 806 of the Civil Code, for lack of three credible witnesses who both attested the will and acknowledged it before a notary public. The attesting parties wereCase Digest (G.R. No. L-34355)
Facts:
- Parties and Nature of the Petition
- Petitioner-Appellant: Agapita N. Cruz, surviving spouse of the late Valente Z. Cruz, opposed the probate of his last will and testament (Exhibit “E”).
- Private Respondent-Appellee: Manuel B. Lugay, named executor in the will.
- Respondent Judge: Hon. Guillermo P. Villasor, Presiding Judge of Branch I, Court of First Instance of Cebu.
- Trial Court Proceedings and Allegations
- Petition for probate filed in the Court of First Instance of Cebu to admit the will of Valente Z. Cruz to probate.
- Agapita N. Cruz alleged that the will was procured by fraud, deceit, misrepresentation, and undue influence; that the testator was not fully informed of the contents or the disposition of his property; and that the will was not executed in accordance with law (Arts. 805 and 806, New Civil Code).
- Despite these objections, the trial court allowed the probate of the will.
- Agapita N. Cruz appealed via petition for certiorari, raising as the sole question whether the will complied with the statutory formalities requiring three credible attesting witnesses and acknowledgment before a notary public.
Issues:
- Whether the will complied with Article 805 of the New Civil Code in that it was attested and subscribed by at least three credible witnesses in the presence of the testator and of each other.
- Whether the will complied with Article 806 of the New Civil Code in that the testator and the three attesting witnesses appeared before a notary public to acknowledge the instrument, when one of the witnesses was the notary himself.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)