Title
Vda. de Ramos vs. Court of Appeals
Case
G.R. No. L-40804
Decision Date
Jan 31, 1978
Adelaida Nista sought probate of Eugenia Danila's will; Guerras opposed, alleging fraud. Compromise Agreement set aside; trial court allowed probate. Court of Appeals reversed; Supreme Court reinstated probate, affirming will's validity.

Case Summary (G.R. No. L-40804)

Procedural History

Adelaida Nista filed for the probate of Eugenia Danila's will dated March 9, 1963, and a codicil dated April 18, 1963. Respondents Buena­ventura and Marcelina Guerra opposed the petition, alleging it was procured through fraud and failed to comply with legal formalities. Subsequently, both parties entered a Compromise Agreement, which the lower court initially approved. However, intervenors later sought to challenge the compromise, leading the lower court to disapprove it and allow the intervenors to participate in the proceedings.

Compromise Agreement

The Compromise Agreement acknowledged the status of the oppositors as legally adopted children of the deceased and provided for the settlement of certain debts. However, it ultimately abrogated the will and codicil submitted by Adelaida Nista, implying no estate remained to be probated due to prior conveyances made by Eugenia Danila.

Trial Court’s Decision

The trial court later allowed the probate of the will despite conflicting testimonies from two attesting witnesses, which claimed that they had not seen the testatrix sign the will. The court favored the testimony of a Notary Public, who affirmed that proper formalities were observed during the execution of the will and codicil.

Appeal to Court of Appeals

The Court of Appeals reversed the trial court's decision, ruling that the evidence did not adequately establish the execution of the will and codicil, primarily citing the testimonies of the attesting witnesses who testified they had not witnessed the signing. The court recognized the discrepancies in witness credibility but relied heavily on the negative testimonies.

Arguments in Appeal

The petitioners contended that the Court of Appeals erred in disregarding the attestation clauses, which constituted admissions of due execution. They argued that the presence of a Notary Public during the signing added credibility to their claim, despite the opposing testimony. Opponents argued that the absence of photographs capturing the testatrix's signing cast doubt on their execution.

Supreme Court’s Ruling

The Supreme Court found merit in the petitioners' arguments, noting that the Court of Appeals had not sufficiently weighed the significance of the attestation clauses. It highlighted the inadequacy of negative testimony without supporting evidence to refut

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