Balonan v. Abellana [G.R. No. L-15153 August 31, 1960]

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Balonan v. Abellana

G.R. No. L-15153

 August 31, 1960, 109 Phil. 359

 

SUBJECT: LAW ON WILLS AND SUCCESSION

Topic: Formalities of a will 

 

FACTS:  The last Will and Testament sought to be probated consists in two (2) typewritten pages. The first page is signed by Juan Bello and on the left margin appears the signatures of the three (3) instrumental witnesses. On the second page appears the signature of said witnesses, at the bottom of which appears the signature of the notary public and below said signature is his designation as notary public. On the left margin of the second page (last page of the will) appears the signature of Juan Bello under whose name appears above the typewritten phrase, “Por la Testadore Anacleta Abellana” (For the Testate of Anacleta Abellana). The will is duly acknowledged before the notary public.

 

ISSUE: Whether or not the signature of Juan Bello above the typewritten statement, “Por la Testadora Anacleta Abellana” comply with the requirements of law prescribing the manner in which a will shall be executed.

  

RULING: NO.

 

Article 805 of the Civil Code provides:

Every will, other than a holographic will, must be subscribed at the end there of by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.

 

The law requires that the testator himself sign the will, or if he cannot do so, the testator’s name must be written by some other person in his presence and by his express direction. In the case of Barut vs. Cabacungan, 21 Phil., 461, we held that the important thing is that it clearly appears that the name of the testatrix was signed at her express direction; it is unimportant whether the person who writes the name of the testatrix signs his own or not.

 

In this case, the name of the testatrix, Anacleta Abellana does not appear written under the will by said Abellana herself, or by Dr. Juan Bello. There is therefore, a failure to comply with the express requirement in the law that the testator must himself sign the will, or that his name be affixed thereto by some other person in his presence and by his express direction. It appearing that the above provision of the law has not been complied with the will of the deceased Anacleta Abellana must not be admitted to probate.

 

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