Balonan vs. Abellana GR No. L-15153, August 31, 1960

Facts: A 2-page Will and Testament by the testatrix Anacleta Abellana was sought to be probated at rhe CFI of Zamboanga City. ON the second page, which is the last page of the Will, on the left margin appears the signature of Juan Bello under whose name appears handwritten the following phrase 'Por la Testadora Anacleta Abellana' (for the tetattrix Anacleta Abellana). (The CFI admitted the probate of the will. Hence, this appeal, the petitioner contending that the signature of Juan A. Abello on top of the phrase ‘por la tetadora Anacleta Abellana did not comply with the requirements of the law prescribing the manner in which it ill be executed.)

ISSUE: Does the signature of Dr. Juan A. Abello above the typewritten statement "Por la Testadora Anacleta Abellana . . ., Ciudad de Zamboanga," comply with the requirements of the law prescribing the manner in which a will shall be executed?

HELD: The present law, Article 805 of the Civil Code, in part provides as follows:

"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." (Italics supplied.)

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. Cases of the same import are as follows: (Ex Parte Juan Ondevilla, 13 Phil., 479, Caluya vs. Domingo, 27 Phil., 330; Garcia vs. Lacuesta, 90 Phil., 489).

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.