Title
Bona vs. Briones
Case
G.R. No. 10806
Decision Date
Jul 6, 1918
Francisco Briones' 1911 will, contested by his first marriage's children, was upheld by the Supreme Court, ruling it complied with legal formalities despite a notary also serving as a witness.
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Case Summary (G.R. No. 10806)

Case Background

  • This case involves the probate of the will of Francisco Briones, executed on September 16, 1911, which Monica Bona, his widow from a second marriage, sought to validate after his death on August 14, 1913.
  • The will faced opposition from Briones' legitimate children from his first marriage, who claimed it was executed under duress and lacked proper witnessing.

Legal Proceedings

  • Initial Petition: Counsel for Monica Bona filed for the probate of the will, leading to a hearing scheduled for January 20, 1915.
  • Opposition: The Briones children contested the will, asserting it did not meet the legal requirements stipulated in Section 618 of Act No. 190.
  • Trial and Testimony: Witnesses provided testimony affirming the proper execution of the will, including Gregorio Bustilla, who confirmed the presence of witnesses and the sound judgment of the testator.

Judicial Findings

  • Denial of Probate: The lower court denied the probate of the will on March 27, 1915, prompting Monica Bona to appeal.
  • Nature of Appeal: The court allowed the appeal, recognizing Bona as a pauper for the purposes of the appeal.

Legal Provisions Cited

  • Section 618, Act No. 190:
    • Establishes the requirements for a valid will, including:
      • Must be in writing and signed by the testator or by another at the testator's direction.
      • Must be attested by three or more credible witnesses in the presence of the testator.
    • A will can still be considered valid if it is proven to have been signed and attested properly despite minor defects.

Key Legal Principles

  • Execution of Wills: The will must be executed in accordance with the requirements of the law in force at the time of its execution.
  • Witness Testimony: The testimony of witnesses confirmed that the will was executed with the necessary formalities.
  • Absence of Retroactive Effect: The amendments to the law (Act No. 2645) could not retroactively invalidate the will executed before its enactment.

Court Decision

  • The Supreme Court reversed the lower court's decision, declaring that:
    • The will was executed in due form and properly expressed the testator's wishes.
    • The court ordered the lower court to proceed with the necessary inheritance proceedings.

Key Takeaways

  • The will of Francisco Briones was upheld despite challenges regarding its execution.
  • The
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