Case Summary (G.R. No. 143755-58)
Procedural History
RTC-Kabankalan admitted Toray’s will in 1981 (becoming final). After appointment of Caponong-Noble as special administratrix in 1990, the court denied her motion to dismiss the petition for Abada’s will (1991). In 1994, the RTC resolved that Abada’s will substantially complied with formalities and admitted it to probate, appointing Noel Abellar administrator of Toray’s estate. Caponong-Noble appealed; the Court of Appeals affirmed in 2001.
Issues Presented
- Applicable law for probate of a 1932 will
- Whether acknowledgment before a notary public is required
- Requirement to state in the will the language known to the testator
- Compliance of the attestation clause with statutory requisites
- Waiver or preclusion of language-knowledge issue
- Admissibility of proof aliunde to establish formal compliance
Applicable Law on Will Formalities
Under Section 618 of the 1901 Code of Civil Procedure (as amended by Act 2645), a valid will must be:
• Written in a language or dialect known to the testator
• Signed by the testator (or by another at his direction)
• Attested and subscribed by three credible witnesses in each other's and the testator’s presence
• Signed on each page by testator and witnesses on the left margin
• Pages numbered correlatively in letters at the top of each sheet
• Attestation clause stating number of pages, testator’s signing, and witnesses’ signing in requisite presence
Disputed Formal Requirements
Caponong-Noble argued the will (1) lacks an express statement that it is in a language known to Abada and (2) requires acknowledgment before a notary under Civil Code Articles 804 and 806 (New Civil Code), contending these apply by analogy to the Old Code.
Language Requirement & Acknowledgment
• Notarial acknowledgment is not required under the Code of Civil Procedure provisions in force in 1932.
• No statutory mandate demands that a will recite the testator’s knowledge of the language; such fact may be proven by evidence aliunde.
• Alipio C. Abaja’s testimony on Abada’s use of Spanish in social gatherings sufficed to prove the testator’s familiarity with the language.
Attestation Clause & Substantial Compliance
The Spanish-language attestation clause recites that Abada signed “in our presence” on the left margin of each of the two pages (numbered UNO and DOS) and that “each one of us” signed in the presence of the testator and one another.
• The clause indicates two pages and three subscribing witnesses, fulfilling numbering and margin-signing requirements.
• Although the clause does not explicitly recite the number of witnesses or repeat each statutory phrase, it achieves the purpose of the statute.
Liberal Construction & Proof Within the Instrument
Applying the liberal-construction doctrine long recognized by the Court (Dichoso de Ticson v. De Gorosti
Case Syllabus (G.R. No. 143755-58)
Antecedent Facts
- Alipio Abada died in May 1940 and his widow, Paula Toray, died in September 1943, both without legitimate children.
- On September 13, 1968, Alipio C. Abaja filed SP No. 070 for probate of Abada’s last will, naming his natural children Eulogio Abaja and Rosario Cordova as heirs; Alipio is Eulogio’s son.
- Nicanor Caponong opposed SP No. 070, alleging no valid will, defective execution, lack of testamentary intent, and undue influence.
- The nephews, nieces, and grandchildren of Abada and Toray (Joel, Julian, Paz, Evangeline, Geronimo, Humberto, Teodora, Elena Abada; Levi, Leandro, Antonio, Florian, Hernani, Carmela Tronco) also opposed on the same grounds.
- On the same date, SP No. 071 was filed to probate Toray’s will; Caponong and the same oppositors filed similar oppositions.
- On September 20, 1968, Caponong filed SP No. 069 seeking letters of administration for the intestate estates of Abada and Toray.
- August 14, 1981: RTC-Kabankalan admitted Toray’s will to probate; the order became final for lack of reconsideration.
- November 23, 1990: RTC designated Belinda Caponong-Noble as special administratrix of both estates.
- August 20, 1991: RTC denied Caponong-Noble’s motion to dismiss Abada’s probate petition.
- June 22, 1994: RTC rendered a resolution admitting Abada’s will, finding notice given, formalities substantially complied with, no fraud or bad faith, and appointed administrators.
- January 12, 2001: Court of Appeals in CA-G.R. CV No. 47644 affirmed the RTC resolution.
Issues
- Which laws govern the probate of Abada’s will?
- Does Abada’s will require acknowledgment before a notary public?
- Must the will expressly state it is written in a language known to the testator?
- Does the will contain an attestation clause, and does it comply with legal requirements?
- Is Caponong-Noble precluded from raising the language-knowledge issue on appeal?
- May evidence aliunde be offered in the probate proceedings?
Applicable Law
- Abada executed his will on June 4, 1932, when the Old Civil Code (1889) and Ac