Case Digest (G.R. No. 147145) Core Legal Reasoning Model
Facts:
In Testate Estate of the Late Alipio Abada, G.R. No. 147145, decided January 31, 2005, petitioner Belinda Caponong-Noble assails the probate of the last will and testament of the late Alipio Abada (died May 1940) in the Regional Trial Court of Kabankalan, Negros Occidental, Branch 61 (RTC-Kabankalan) and the Court of Appeals (CA). Abada’s widow, Paula Toray, died September 1943; both spouses left no legitimate children. On September 13, 1968, Alipio C. Abaja, son of Abada’s natural son, petitioned the then Court of First Instance for probate of Abada’s 1932 will (SP No. 070), naming Eulogio Abaja and Rosario Cordova as heirs. Oppositions were filed by Nicanor Caponong, Joel Abada et al., and Levi Tronco et al., alleging lack of due execution, absence of attestation, lack of testamentary intent, and undue influence. Concurrently, Abaja filed for probate of Toray’s will (SP No. 071) while Caponong sought letters of administration of the intestate estates (SP No. 069). The RTC adm
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Case Digest (G.R. No. 147145) Expanded Legal Reasoning Model
Facts:
- Decedent and Family Background
- Alipio Abada died in May 1940; his widow, Paula Toray, died in September 1943; both left no legitimate children.
- Alleged natural children of Abada were Eulogio Abaja and Rosario Cordova; Eulogio’s son Alipio C. Abaja later acted as petitioner for probate.
- Probate Proceedings
- On 13 September 1968, Alipio C. Abaja filed SP No. 070 (313-8668) in the CFI (now RTC-Kabankalan) to probate Abada’s 4 June 1932 will; oppositors included Nicanor Caponong and collateral heirs (nephews, nieces, grandchildren).
- On the same date, SP No. 071 (312-8669) was filed to probate Toray’s will; oppositors raised identical grounds of invalidity.
- On 20 September 1968, Caponong filed SP No. 069 (309) for letters of administration of the intestate estates.
- In August 1981, the RTC admitted Toray’s will; order became final when oppositors did not seek reconsideration.
- In November 1990, Belinda Caponong-Noble was appointed Special Administratrix of Abada and Toray’s estate; her motion to dismiss the petition to probate Abada’s will was denied in August 1991.
- In June 1994, the RTC rendered a resolution admitting Abada’s will, finding substantial compliance with formalities, and appointed administrators.
- Caponong-Noble appealed; in January 2001, the Court of Appeals affirmed the RTC decision.
Issues:
- What law governs the form and probate of Abada’s 1932 will?
- Does Abada’s will require acknowledgment before a notary public?
- Must the will expressly state it was written in a language known to the testator?
- Does the will contain a valid attestation clause under applicable law?
- Is Caponong-Noble precluded from challenging the language requirement on appeal?
- May evidence aliunde be used to establish testator’s knowledge of the language?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)