Scribd
Upload
1K views2 pages

Testate Estate of Alipio Vs Abaja

1) Abada executed his will in 1932, so the laws that apply are the Civil Code of 1889 and the Code of Civil Procedure from that time, which did not require wills to be acknowledged before a notary public. 2) Caponong-Noble argued the will was invalid because it lacked notary acknowledgment, but cited articles from the newer Civil Code which did not apply. 3) While the attestation clause omitted the number of witnesses, inspection showed three witnesses signed as required, so the will was admitted to probate following substantial compliance.

Uploaded by

Vikki Amorio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views2 pages

Testate Estate of Alipio Vs Abaja

1) Abada executed his will in 1932, so the laws that apply are the Civil Code of 1889 and the Code of Civil Procedure from that time, which did not require wills to be acknowledged before a notary public. 2) Caponong-Noble argued the will was invalid because it lacked notary acknowledgment, but cited articles from the newer Civil Code which did not apply. 3) While the attestation clause omitted the number of witnesses, inspection showed three witnesses signed as required, so the will was admitted to probate following substantial compliance.

Uploaded by

Vikki Amorio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

TESTATE ESTATE OF THE LATE ALIPIO ABADA, BELINDA CAPONONG-

NOBLE vs ALIPIO ABAJA and NOEL ABELLAR


G.R. No. 147145 January 31, 2005
Facts:
Abada died sometime in May 1940. His widow Paula Toray ("Toray") died sometime in
September 1943. Both died without legitimate children.
Alipio C. Abaja filed a petition for the probate of the will (executed on June 1932) of
Abada. Abada allegedly named as his testamentary heirs his natural children Eulogio
Abaja ("Eulogio") and Rosario Cordova. Alipio is the son of Eulogio.
Caponong and the nephews, nieces and grandchildren of Abada and Toray opposed the
petition on the ground that Abada left no will when he died in 1940. They alleged that:
a. it was not executed and attested as required by law;
b. it was not intended as the last will of the testator; and
c. it was procured by undue and improper pressure and influence on the part of the
beneficiaries.
Caponong-Noble moved for the dismissal of the petition for probate of the will of Abada.
The RTC-Kabankalan denied the motion in an Order dated 20 August 1991. In 1993, the
RTC-Kabankalan rendered a Resolution admitting and allowing the probate of the Last
Will and Testament of Alipio Abada.
The Court of Appeals affirmed the Resolution of the RTC. Hence, this petition.
Issues:
(1) What laws apply to the probate of the last will of Abada?
(2) Does the will of Abada requires acknowledgment before a notary public? NO
(3) Did the attestation clause complied with the requirements of the applicable laws?
YES
Ruling:
(1) Abada executed his will on 4 June 1932. The laws in force at that time are the Civil
Code of 1889 or the Old Civil Code, and Act No. 190 or the Code of Civil
Procedure which governed the execution of wills before the enactment of the New
Civil Code.

(2) Caponong-Noble asserts that the will is not acknowledged before a notary public.
She cites in particular Articles 804 and 805 of the Old Civil Code, which provides:
Art. 804. Every will must be in writing and executed in [a] language or dialect
known to the testator.
Art. 806. Every will must be acknowledged before a notary public by the testator
and the witnesses. xxx
However, Caponong-Noble actually cited Articles 804 and 806 of the New Civil
Code. Article 804 of the New Civil Code is taken from Section 618 of the Code of
Civil Procedure. Article 806 of the New Civil Code is taken from Article 685 of the
Old Civil Code. These provisions have been repealed by the Code of Civil
Procedure. Under the Code of Civil Procedure, the intervention of a notary is not
necessary in the execution of any will. Therefore, Abada’s will does not require
acknowledgment before a notary public.
(3) As to the attestation clause, the Court has applied the rule on substantial
compliance even before the effectivity of the New Civil Code. Thus, while the
attestation clause does not state the number of witnesses, a close inspection of the
will shows that three witnesses signed it. The court ruled to apply the liberal
construction in the probate of Abada’s will.

You might also like