Title
Azaola vs. Singson
Case
G.R. No. L-14003
Decision Date
Aug 5, 1960
A holographic will's authenticity was contested; the Supreme Court ruled Article 811's witness requirement is directory, not mandatory, and remanded for further evidence.

Case Summary (G.R. No. L-14003)

Key Dates and Procedural Posture

The trial court rendered a decision on January 15, 1958, denying probate of a holographic will. The proponent appealed to the Supreme Court on points of law. The Supreme Court reviewed whether the quantity and kind of evidence required by Article 811 of the Civil Code for probate of a holographic will is mandatory in the manner applied by the trial court and whether the proponent was obliged to produce three witnesses in a contested proceeding.

Applicable Law and Constitutional Context

Primary statutory provision: Article 811, Civil Code of the Philippines (as quoted in the decision), which prescribes that at least one witness who knows the handwriting and signature of the testator must declare that the will and signature are in the testator’s handwriting, and that if the will is contested at least three such witnesses shall be required; if no competent witness is available, expert testimony may be resorted to if the court deems it necessary. Other relevant Civil Code provisions cited: Articles 805 and 810 (on formal requisites of ordinary and holographic wills). Constitutional context: the decision was rendered in 1960, during the period governed by the 1935 Philippine Constitution.

Facts Found by the Trial Court

The trial court found that Fortunata died on September 9, 1957. The holographic will (Exh. C) named Maria Milagros Azaola as sole heir. The proponent offered one witness, Francisco Azaola, who testified that he had seen the holographic will about a month before the testatrix’s death, received it from the testatrix, and that he recognized the handwriting and signatures as those of the testatrix. To corroborate, the proponent introduced several documents (a mortgage, powers of attorney, deeds of sale, an affidavit, and residence certificates) to show comparable handwriting and signatures. The estate included property in Luskot, Quezon City valued at P7,000.

Grounds of Opposition at Trial

The oppositor contested the probate on two principal grounds: (1) that execution of the will was procured by undue and improper influence exerted by the proponent and his wife; and (2) that the testatrix did not intend the instrument to be her last will, and that the instrument’s date was falsified (it was argued to have been written in August 1957 rather than dated November 20, 1956).

Trial Court’s Ruling and Basis for Denial

The trial court denied probate on the ground that Article 811 required the proponent, in a contested proceeding, to produce at least three witnesses who can declare that the will and signature are in the handwriting of the testatrix; because the proponent produced only one witness, and because that witness did not prove sufficiently that the body of the will was in the testatrix’s handwriting, probate was rejected.

Issue on Appeal

Whether Article 811 compels compulsory presentation of three witnesses to identify the handwriting and signature of a holographic will in every contested probate proceeding such that failure to produce three witnesses mandates denial of probate; and whether a single lay witness’s testimony supplemented by documentary comparisons and, where necessary, expert examination can suffice.

Legal Analysis and Interpretation of Article 811

The Supreme Court agreed with the proponent that when the authenticity of a holographic will is not contested, one witness is sufficient. More critically, the Court held that Article 811 should not be interpreted so rigidly as to make the production of three witnesses a mandatory and conclusively dispositive requirement in every contested case. The Court reasoned that the statutory rule must be read in light of the nature of holographic wills: unlike ordinary wills (Article 805) that require at least three witnesses to be present at execution, holographic wills (Article 810) require no witnesses at execution. Consequently, requiring production of three witnesses post factum could be impossible or absurd, since knowledgeable witnesses may not exist or may be unwilling to testify. The statute itself anticipates such eventualities by permitting resort to expert testimony “in the absence of any competent witness” and by conditioning that recourse on the court’s discretion (“if the court deems it necessary”).

Role of Expert Testimony and Judicial Discretion

The Court emphasized that the trial court must be satisfied of the will’s authenticity and must “exhaust all available lines of inquiry.” Where lay testimonial identification is lacking or unconvincing, the court should call for handwriting experts. Even where lay witnesses are produced, prudence may dictate expert comparison to dissolve remaining doubts. The phrase “if the court deem it necessary” grants the trial court discretion to require expert evidence; the failure of a party to offer expert testimony does not, by itself, produce an adverse inference unless the court expresses dissatisfaction with lay testimony.

Policy and Comparative Reasoning

The Court observed that the three-witness rule for holographic wills likely derives from rules governing ordinary wills under older jurisprudence, but that the rigid import of that rule is inappropriate for holographic wills due to their solitary execution. The Court cited doctrinal commentary (on analogous Spanish law) to support the view that trial courts should often seek expert comparison to assist in evaluating holographic testamentary documents, even when

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