Case Digest: Balonan vs. Abellana, G.R. No. L-15153, August 31, 1960

 Art. 805  | Succession, Subscription

Provision:

Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof 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 testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page.

The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.

If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.

Ponente:
Labrador, J.

Petitioner: Lucio Balonan

Respondent: Eusebia Abellana, et. al.

Recit Version:

Anacleta Abellana's Last Will and Testament contained the signature of Juan Bello, with a typewritten statement indicating that he signed on behalf of Anacleta Abellana.

The court ruled that when a testator cannot sign the will themselves, it shall be signed in the following manner: John Doe by the testator, Richard Doe; or in this form: "By the testator, John Doe, Richard Doe." Neither Anacleta Abellana nor Dr. Juan Abello wrote her name under the will as required by law. 

Facts:

Anacleta Abellana executed a Last Will and Testament written in Spanish language.

It comprises two typewritten pages.

1. The first page is signed by Juan Bello, and under his name appears typewritten : "Por la testadora Anacleta Abellana, residence Certificate A-1167629, Enero 20, 1951, Ciudad de Zamboanga." On the left margin are the signatures of the instrumental witnesses: Blas Sebastian, Faustino Macaso, and Rafael Ignacio.
2. On the second page, the signatures of the three instrumental witnesses are also present. At the bottom of the second page, there is the signature of T. de los Santos, who is officially designated as the notary public who notarized the testament. On the left margin, there is the signature of Juan Bello, accompanied by the handwritten phrase, "Por la Testadora Anacleta Abellana."

The Will was duly acknowledged before Notary Public, Attorney Timoteo de los Santos.

CFI-Zamboanga City: Admitted the will to probate.

Issue:

WON the signature of Dr. Juan A. Abello above the typewritten statement "Por la Testadora Anacleta Abellana . . ., Ciudad de Zamboanga," comply with the requirements of law prescribing the manner in which a will shall be executed. NO.

Held:

Where the testator does not know how, or is unable, to sign, it will not be sufficient that one of the attesting witnesses signs the will at the testator's request,... but it is necessary that the testator's name be written by the person signing in his stead in the place where he could have signed if he knew how or was able to do so, and this in the testator's presence and by his express direction; so that a will signed in a manner different than that prescribed by law shall not be valid and will not be allowed to be probated.

Where a testator does not know how, or is unable for any reason, to sign the will himself, it shall be signed in the following manner:

John Doe by the testator, Richard Doe; or in this form: "By the testator, John Doe, Richard Doe." 

All this must be written by the witness signing at the request of the testator.

Therefore, under the law now in force, the witness should have written at the bottom of the will the full name of the testator and his own name in one forms given above. He did not do so, however, and this is failure to comply with the law is a substantial defect which affects the validity of the will and precludes its allowance, notwithstanding the fact that no one appeared to oppose it.

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 the case at bar the name of the testatrix, Anacleta Abellana, does not appear written under the will by said Abellana herself, or by Dr. Juan Abello. 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, we are constrained to declare that the said will of the deceased Anacleta Abellana may not be admitted to probate.