Case Digest (G.R. No. 106720)
Facts:
In Spouses Roberto and Thelma Ajero v. Court of Appeals and Clemente Sand (G.R. No. 106720, September 15, 1994), petitioners Roberto and Thelma Ajero sought to probate the holographic will of their aunt, Annie Sand, who died on November 25, 1982. On January 20, 1983, they filed Special Proceeding No. Q-37171 before the Regional Trial Court (RTC) of Quezon City, Branch 94, alleging that the testament was entirely in decedent’s handwriting, properly signed and dated, and free from fraud, duress, or undue influence. Private respondent Clemente Sand opposed on the grounds that portions of the will were neither in Annie Sand’s handwriting nor authenticated, that there were undated or unsigned dispositions, and that undue pressure had been exerted. Dr. Jose Ajero also contested the testamentary disposition of a house and lot in Cabadbaran, Agusan del Norte, claiming Annie Sand lacked full ownership. The trial court admitted the holographic will to probate, finding the handwriting idenCase Digest (G.R. No. 106720)
Facts:
- Procedural history
- On January 20, 1983, spouses Roberto and Thelma Ajero filed Special Proceeding No. Q-37171 before the RTC of Quezon City, Branch 94, seeking probate of the holographic will of Annie Sand, who died on November 25, 1982.
- The RTC rendered its decision on November 19, 1988, admitting the will to probate. The Court of Appeals (CA-G.R. CV No. 22840) reversed and dismissed the petition on March 30, 1992. The Ajeros then brought a petition for certiorari (G.R. No. 106720) before the Supreme Court, decided September 15, 1994.
- Instrument and oppositions
- The holographic will, entirely handwritten, dated, and signed by Annie Sand, named as devisees: Roberto and Thelma Ajero; private respondent Clemente Sand; Meriam S. Arong; Leah, Lilia, Edgar, Fe, and Lisa S. Sand; Dr. Jose Ajero Sr.; and their descendants.
- Clemente Sand opposed on grounds that the text and signature were not wholly in decedent’s handwriting, that erasures and alterations were not authenticated, and that the will was procured by undue influence.
- Dr. Jose Ajero contested the disposition of a house and lot in Cabadbaran, Agusan del Norte, arguing that Annie Sand was not its sole owner and could not validly convey it in its entirety.
Issues:
- Formal compliance with New Civil Code for holographic wills
- Did the will satisfy Article 810 (entirely handwritten, dated, and signed by the testatrix)?
- Did noncompliance with Articles 813 (undated or unsigned dispositions) and 814 (unauthenticated erasures/alterations) invalidate its probate?
- Testamentary capacity and voluntariness
- Was the testatrix of sound and disposing mind, aware of her estate’s nature, the objects of her bounty, and the effect of her act?
- Was the execution free from duress, undue influence, fear, or fraud under Section 9, Rule 76 and Article 839 of the New Civil Code?
- Validity of specific property disposition
- Could Annie Sand validly dispose of the entire Cabadbaran house and lot given her partial ownership?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)