Posts

Case Digest: Testate Estate of Alipio Abada vs. Abaja, G.R. No. 147145, January 31, 2005

Image
Section 618 of the Code of Civil Procedure | Succession, Old Civil Code Provision: SEC. 618. Requisites of will. – No will, except as provided in the preceding section,17 shall be valid to pass any estate, real or personal, nor charge or affect the same, unless it be written in the language or dialect known by the testator and signed by him, 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 each other. 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, on the left margin, and said pages shall be numbered correlatively in letters placed on the upper part of each sheet. The attestation shall state the number of sheets or pages used, upon which the will is written, and the fact that the testator signed the will and every p...

Case Digest: Lopez vs. Lopez, G.R. No. 189984, November 12, 2012

Image
   Art. 805, 809  | Succession, Substantial Compliance 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...

Civil Procedure: Jurisdiction

1.     Jurisdiction of the Supreme Court The highest court of the land is the Supreme Court. It was not affected by the Judiciary Law (BP 129) which reorganized the judiciary in 1983.  Being a constitutional court, its jurisdiction is found in the fundamental law itself.  The SC is both an original and appellate court. Composition It is composed of the Chief Justice and 14 Associate Justices . The Constitution ordains that the President appoints the members of the SC and judges of lower courts from a list of at least three nominees prepared by the JBC for every vacancy and requires the President to issue appointments, for lower courts, within 90 days from submission of the list ( Art. VIII, Sec. 9) and to fill the vacancy of the SC within 90 days from its occurrence. ( Art. VIII, Sec. 4(1) ). All such appointments need no confirmation. Divisions and En Banc The SC sits either en banc or in divisions of 3, 5 or 7 members.  At present, it has ...