Case Digest (G.R. No. 26317)
Facts:
Estate of Miguel Mamuyac, Deceased. Francisco Gago, Petitioner and Appellant, vs. Cornelio Mamuyac, Ambrosio Lariosa, Feliciana Bauzon, and Catalina Mamuyac, Opponents and Appellees, G.R. No. 26317, January 29, 1927, the Supreme Court, Johnson, J., writing for the Court (Street, Malcolm, Villamor, Ostrand, Romualdez, and Villa-Real, JJ., concurring).The testator, Miguel Mamuyac, executed a will on or about July 27, 1918 (referred to in the record as Exhibit A). In January 1922, Francisco Gago filed a petition in the Court of First Instance of the Province of La Union to probate that will; opponents Cornelio Mamuyac, Ambrosio Lariosa, Feliciana Bauzon, and Catalina Mamuyac resisted the petition, alleging that the testator had executed a later will dated April 16, 1919. On November 2, 1923, Judge C. M. Villa-Real denied probate of the 1918 will on the ground that a later testament existed.
On February 21, 1925, a new petition was filed to probate the April 16, 1919 will (Exhibit 1). The opponents again filed oppositions, asserting (a) that the 1919 instrument was a copy of a second will, (b) that it had been cancelled and revoked during Miguel Mamuyac’s lifetime, and (c) that it was not the decedent’s last will.
Judge Anastasio R. Teodoro, after hearing evidence, denied probate of the 1919 will in civil cause No. 1144, Province of La Union, finding that the instrument presented was a mere carbon copy of an original which remained in the deceased’s possession and that the original had been cancelled by the testator in December 1920. The judge relied chiefly on testimony by Jose Fenoy (who typed the will on April 16, 1919) and Carlos Bejar (who saw the origin...(Subscriber-Only)
Issues:
- Did the lower court err in denying probate on the ground that the April 16, 1919 will had been cancelled and revoked by the testator in 1920?
- May a carbon copy (or duplicate) of a will be admitted to probate where the original is lost but the opponents allege and offer evidence...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)