Case Digest (G.R. No. 1641)
Facts:
In German Jaboneta v. Ricardo Gustilo et al., G.R. No. 1641, decided January 19, 1906, the Supreme Court of the Philippines reviewed the denial of probate of the last will and testament of Macario Jaboneta, deceased. Macario Jaboneta executed the document on December 26, 1901, at the house of Arcadio Jarandilla in Jaro, Iloilo. He called three witnesses—Isabelo Jena, Aniceto Jalbuena, and Julio Javellana—to attest his signature. According to Jena’s uncontroverted testimony, he signed first, followed by Jalbuena, after which he observed Javellana with pen in hand “in position ready to sign” as he was leaving the room. He believed Javellana signed but did not actually see the name affixed. The trial court found that Javellana’s signature was not made “in the presence of” Jena as required by section 618 of...Case Digest (G.R. No. 1641)
Facts:
- Execution of the Will
- On December 26, 1901, Macario Jaboneta, while at the house of Arcadio Jarandilla in Jaro, Iloilo, ordered a document to be written as his last will and testament.
- He summoned three witnesses: Julio Javellana, Aniceto Jalbuena, and Isabelo Jena, all of whom were present in the room for its execution.
- Witness Signing Sequence and Testimony
- Isabelo Jena testified that he signed first. Immediately afterward, Aniceto Jalbuena signed, and then Jena, in haste, left the room.
- As Jena was leaving, he saw Javellana holding the pen poised over the will “in actitud de firmar,” believed Javellana signed, but did not actually see the signature being affixed.
- Lower Court Findings and Denial of Probate
- The trial court found that Javellana did not sign in the presence of Jena as required by section 618 of the Code of Civil Procedure, because Jena had already left the room.
- Based on that finding, probate of Jaboneta’s will was denied for failure to comply with the statutory attestation requirements.
Issues:
- Statutory Compliance with Section 618, Code of Civil Procedure
- Whether the signature of witness Javellana was affixed “in the presence” of witness Jena, as required by statute.
- How “presence” is to be interpreted and applied in the context of will execution.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)