G.R. No. 75700-01 - Lopez Sugar Corp. vs. Federation of Free Workers

The case is an appeal from an order of the Court of First Instance of the Province of Bulacan.
The appeal challenges the denial of probate of a document purported to be the last will and testament of Esperanza Cecilio, deceased.

The document in question lacks the explicit attachment of the deceased’s name by herself or by someone else at her request.
The concluding paragraph states:

"In witness whereof, and at my request, on account of my weakness and inability to sign my name, this document has been written by Mr. Eugenio Agustines, and after having been executed and read to me I have caused him to sign it, in this town of Polo, barrio of Pariancillo, this 6th day of July, 1903."

The instrument carries the signature of Mr. Eugenio Agustines, followed by the customary attesting clause and the signatures of the witnesses.

Appellants contend that the signature of Mr. Agustines effectively represents the testatrix’s signature, as it has been executed in accordance with a common practice under Spanish law for persons unable to write.
They argue that the manner in which the signature was attached is merely a formality, and the document should be admitted to probate given its clear intent as a testamentary instrument.
Counsel for the appellant further relies on the first and second official translations of section 618 of Act No. 190, which prescribe the mode of authenticating last wills and testaments.

Section 618 of Act No. 190 mandates that a last will and testament must be signed “by the testator, or by the testator’s name written by some other person in his presence and by his express direction.”
The English text of the statute is clear and explicit about this requirement, despite imperfect translations in Spanish that may suggest otherwise.
References are made to analogous English cases (In re Clark and In re Blair) and statutes (English Statute of Frauds and English Statute of Wills), which however, differ from the Philippine statute in that they do not expressly require the testator’s name to be written when signed by another person.

Whether the will, executed without the testator’s own signature or without her name being attached in the prescribed manner, satisfies the formal requirements of section 618 of Act No. 190.
Whether the mode of execution, though traditionally acceptable for other written instruments under Spanish law, can be considered valid for a last will and testament under the current statutory framework.

Whether proof of good faith in the execution of the document can substitute for the strict adherence to the prescribed formalities.
Whether a relaxed interpretation of the signature requirement, under the pretext of customary practices, undermines the statutory safeguard against errors and fraudulent wills.