Case Digest (G.R. No. L-2797) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In In the Matter of the Probation of the Will of Jose Riosa (39 Phil. 23, G.R. No. 14074, November 7, 1918), testator Jose Riosa executed his will in January 1908, disposing of an estate exceeding ₱35,000. The instrument was written, signed by Riosa, and attested by three credible witnesses in his presence and that of each other, in accordance with section 618 of the Code of Civil Procedure then in force. On July 1, 1916, Act No. 2645 amended section 618 to add new formalities: each page had to be signed on the left margin by the testator and witnesses, pages had to be consecutively letter-numbered, and the attestation clause had to recite these details. Riosa died on April 17, 1917, leaving the 1908 will that did not meet the 1916 requirements. The Court of First Instance of Albay, by order of December 29, 1917, disallowed the will for lack of compliance with the amended formalities. Marcelino Casas, as applicant and appellant, contested that decision before the Supreme Court. Case Digest (G.R. No. L-2797) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Testator and Will Execution
- Jose Riosa died on April 17, 1917, leaving a will made in January 1908 disposing of an estate valued at over P35,000.
- The will was written, signed by the testator (or in his presence by another at his express direction), and attested and subscribed by three credible witnesses in the presence of the testator and each other, in compliance with §618, Code of Civil Procedure (pre-amendment).
- Legislative Amendment and Non-Compliance
- Act No. 2645, effective July 1, 1916, amended §618 by requiring:
- Signing of each page on the left margin by the testator (or his proxy) and all instrumental witnesses;
- Correlative numbering of pages in letters on the upper part of each sheet;
- Attestation reciting the number of sheets/pages and that every page was signed and witnessed accordingly.
- Riosa’s will did not comply with these additional formalities—pages were neither signed nor numbered as required, and the attestation omitted those facts.
- Procedural History and Conflicting Precedents
- On December 29, 1917, the Court of First Instance of Albay disallowed Riosa’s will for failing to meet Act No. 2645 requirements.
- Prior Philippine rulings:
- Caraig v. Tatlonghari (Mar. 23, 1918) held that wills executed after July 1, 1916 must comply with Act No. 2645;
- Bona v. Briones (38 Phil. 276) held the amendatory act inapplicable when the testator died before its effective date.
- The present appeal raises the intermediate question: execution pre-amendment, death post-amendment.
Issues:
- Does Act No. 2645, which amended the formal requisites for wills as of July 1, 1916, apply to a will executed before that date but probated after the testator’s death (April 17, 1917)?
- In Philippine practice, should the formal validity of a will be tested by the law existing at its execution or by the law in force at the testator’s death?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)