Title
De Castro vs. De Castro
Case
G.R. No. L-8996
Decision Date
Oct 31, 1956
Marcelo de Castro's will, contested by full-blood brothers, was upheld by the Supreme Court despite claims of incapacity and fraud, affirming its validity and proper execution.

Case Summary (G.R. No. L-8996)

Summary of the Case

Marcelo de Castro passed away on April 22, 1954, without leaving any direct descendants or ascendants. His nearest surviving relatives included his full-blood brothers, who opposed the probate of the will, and half-sisters, who were named as heirs in the will. The properties in question, situated in Quezon City and Batangas, were estimated to be worth P75,000 after debts of approximately P35,000 were deducted. The petitioners followed the proper legal procedures to file for the probate, advertising the petition in the "La Nacion" newspaper and scheduling a hearing.

Opposition to the Will

On June 22, 1954, Emilio and Alvaro de Castro submitted their opposition to the will, alleging several grounds for disallowance: the will was not validly executed, Marcelo was mentally incapacitated at the time of execution due to serious illness, and the thumbmark used was obtained under duress or fraud. By September 27, 1954, the oppositors amended their opposition to include claims that the thumbmark on the will was not Marcelo's.

Testimonies and Evidence

Isabel de Castro, one of the petitioners, testified regarding her role in custody of the will and the events leading to its execution. She and the other witnesses presented evidence claiming Marcelo executed the will voluntarily. Atty. Heraclio H. del Pilar, who notarized the will, and the attesting witnesses testified to the events surrounding the execution. Notably, the execution occurred in the presence of three witnesses after the will was comprehensively conveyed to Marcelo.

Medical History and Competency

Evidence indicated that Marcelo suffered from partial paralysis and hypertension but retained sound mental faculties. The oppositors attempted to discredit the petitioners’ claims on the ground that Marcelo had not executed the will in a legally compliant manner, implying mental incapacity. However, testimonies established that, despite his medical complications, Marcelo understood the contents of the will.

Forensic Analysis

A pivotal aspect of the case was a forensic examination by Detective Reynaldo Sanchez, who concluded that the thumbmark on Exhibit C was not Marcelo’s. This raised significant issues regarding the will’s legitimacy. However, the petitioners chose not to present their own expert in response.

Court Findings and Conclusion

The trial court initially favored the oppositors, expressing skepticism about the petitioners' testimonies and their credibility. However, upon review

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