Title
Torres vs. Lopez
Case
G.R. No. 24569
Decision Date
Feb 26, 1926
A wealthy man executed a will while under guardianship; contested due to claims of senile dementia, undue influence, and fraud. Court upheld testamentary capacity, admitting the will to probate.

Case Summary (G.R. No. 120600)

Key Dates

• August 10, 1923: Testator appoints Vicente F. Lopez to administer his property.
• October 22, 1923: Guardianship petition filed by Margarita Lopez; court finds the testator mentally and physically incapacitated and names Vicente F. Lopez guardian.
• November 27, 1923–February 25, 1924: Testator confined in Philippine General Hospital.
• December 16 & 29, 1923: Attorney Mina interviews the testator and prepares a draft will.
• January 3, 1924: Will executed before witnesses and physicians at the hospital.
• February 25, 1924: Testator’s death.
• Trial court decision: Will denied probate on grounds of mental incapacity and fraud.
• Supreme Court decision: February 26, 1926.

Applicable Law

• Code of Civil Procedure (Jones Law period):
– Section 614: Testator must be of “sound mind.”
– Section 634(2): Disallow will if “insane or otherwise mentally incapable” at execution.
– Section 634(4): Disallow will if procured by “undue and improper pressure or influence.”
• Civil Code Article 666: Testamentary capacity judged at date of execution.
• Constitutional framework: Government under the Philippine Organic Acts and Jones Law; no native constitution until 1935.

Facts – Guardianship and Drafting of Will

  1. Prior to October 1923, Rodriguez suffered accidents, advancing age, and organic weakness.
  2. He voluntarily appointed Vicente F. Lopez as property administrator (Aug. 10, 1923).
  3. Margarita Lopez petitioned for guardianship on Oct. 22, 1923; testimony showed partial coherence and intelligence, but court nonetheless adjudged him incapacitated and named Vicente F. Lopez guardian.
  4. From Nov. 27, 1923, until death, Rodriguez was hospitalized under Dr. Elias Domingo; visitation restricted to select relatives (excluding Margarita Lopez).
  5. On Rodriguez’s suggestion, Vicente F. Lopez retained Attorney Maximino Mina, who interviewed the testator Dec. 16 and Dec. 29, obtained his testamentary instructions (all property to Vicente F. Lopez and Luz Lopez de Bueno), and prepared a rough draft.

Facts – Execution of the Will

• Jan. 3, 1924: At 3 p.m. in his hospital room, the testator and a small group of relatives, physicians, and attesting witnesses—including Drs. Calderon, Domingo, Herrera, De Asis, Elias Bonoan, and V. L. Legarda—assembled.
• Proponents’ account (Legarda, Drs. Calderon, Domingo, Herrera): The will was cleaned up, read aloud to the testator (who requested better light and read with eyeglasses), and signed by the testator and the three witnesses without hesitation or prompting. The testator expressed understanding of its contents.
• Opponent’s account (Dr. Bonoan): He alleged that Luz Lopez de Bueno told Rodriguez it was a complaint against one Castito, no one read the will to him, and it was signed through deceit.
• Additional evidence: A P1,000 “remuneratory donation” document by Luz Lopez de Bueno in favor of Dr. Bonoan dated Jan. 7, 1924 (disputed significance).

Facts – Medical and Behavioral Observations

• Calderon–Domingo–Herrera certificate (Jan. 3, 1924): Physical diagnoses of senility, hernia, decubitus; mental faculties “sound” except weak recent memory; testator understood and knew the contents of the will at signing.
• De los Angeles–Tietze–Burke certificate (March 15, 1924): Diagnosed senile dementia of a pathological degree; nearly total loss of recent memory; disorientation; impaired judgment and perception; inability to appreciate nature and consequences of dispositions; ongoing organic degeneration.
• Nursing records and testimony: Episodes of incoherent exclamations (“Maria,” “where is my key?”); complaints of generalized pain; childish emotional outbursts.

Issues

  1. Testamentary Capacity: Whether the testator on January 3, 1924, possessed the mental capacity to comprehend the nature, consequences, and objects of his bounty.
  2. Undue Influence: Whether relatives and beneficiaries exerted improper pressure to procure the testator’s signature against his free will.

Analysis – Testamentary Capacity

• Legal standard: Capacity to understand the business in which one is engaged, recollect one’s property and natural claimants, and comprehend dispositive effect.
• Presumption: Every adult is sane; burden on opponents to prove incapacity.
• Evidence conflict: Two physicians (Calderon committee) present at execution found sufficient capacity; thre


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