Case Digest: Garcia vs. Gatchalian, G.R. No. G.R. No. L-20357, November 25, 1967

  Art. 806  | Succession, Notary Public, Witness

Provision:

Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will or file another with the office of the Clerk of Court.

Ponente:
Dizon, J.,




Petitioner: Pedro Reyes Garcia
Respondents: Felipe Gatchalian, Aurora Camins, Angeles Cosca, Federico Tubog, Virginia Talanay, and Angeles Talanay

Recit Version:
Gregorio Gatchalian, died leaving no forced heirs. Pedro Reyes Garcia filed a petition before for the probate of the alleged will, wherein he was instituted as sole heir.

An examination of the document shows that the same was acknowledged before a notary public by the testator but not by the instrumental witnesses. A will must be acknowledged before a notary public by the testator and also by the witnesses is for its validity. 

Facts:
In 1967, Gregorio Gatchalian, a widower of 71 years of age, died leaving no forced heirs.

Pedro Reyes Garcia filed a petition before CFI-Rizal for the probate of the alleged will, wherein he was instituted as sole heir.

Felipe Gatchalian, Aurora Camins, Angeles Cosca, Federico Tubog, Virginia Talanay, and Angeles Talanay opposed the petition on the ground of fraud and incapacity, among others.

CFI-Cebu: Found the document to be the authentic last will of the deceased but disallowing it for failure to comply with the mandatory requirement of Article 806 of the New Civil Code — that the will must be acknowledged before a notary public by the testator and the witnesses.

Issue:
WoN the last will and testament of Gregorio Gatchalian was executed in accordance with law. NO

Held:
An examination of the document shows that the same was acknowledged before a notary public by the testator but not by the instrumental witnesses.

Article 806 of the New Civil Code reads as follows:
Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court.

We have held heretofore that compliance with the requirement contained in the above legal provision to the effect that a will must be acknowledged before a notary public by the testator and also by the witnesses is indispensable for its validity. As the document under consideration does not comply with this requirement, it is obvious that the same may not be probated.

WHEREFORE, the decision appealed from is affirmed, with costs.

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