in re Estate of Bermoy

VOL. 46, No. 12

OFFICIAL GAZETTE

6168

be sentenced in every case to support the offspring of the offended party, if there be any; but with regard to the increase of the indemnity asked for, we find no cause for altering the decision on that point, because we believe that the case invoked by the Solicitor General is not in point with the case at bar, for that case refers to a multiple rape committed by four persons against a single offended party, while in the present case there is only one offender. Wherefore, upon modification of the decision appealed from, the accused is hereby sentenced to undergo an inde­ terminate penalty of from eight (8) years and one (1) day of prisi6n mayor to fourteen (14) years, eight (8) months and (1) day of reclusion temporal, with the accessory penalties prescribed by law, to indemnify eie offended party in the sum of P500, without. subsidiary imprisonment in case of insolvency, to support the offspring of said offended party, if there be any as a result of the offense, and to pay the costs. Torres, Pres. J., and Felix, J., concur. Judgnient modified.

[No. 2300-R.

Janua!'y 19, 1949]

In the matter of the testate estate oi the deceased Filo. mena Bermoy; EMBRENCIANA P. DE VELOSO, petitioner and appellant, vs. JOSE V. PUZON ET 4.L., oppositors and appelleE�. WILL; PROBATE; NON-COMPLIANCE VllTH FORMAL REQUISITES ANNULS Vlir,L; CAS.E AT BAR.-The attestation c�ause in the inbtant case has /ailed to rnenthm that the will to whi�h ;t was at­ tached or any page thereof had been signed by the testatrix, or that s0mebody else, under her express request, signed her nar.1e,

and

th::lt

she

affixed

there to

her thum1'mark in

-It

presence of each and every one of the witnesses.

the

has also

failed to mention that the witnesses signed said will and every one of the pages of which it consists in the presence of each ,other and of the test�_trix.

The omission of these two essential

facts �o the validity of the will renders th� same null and void. (Uy Coque

vs.

48 Phil., 506;

Navas L. Sioca, 43 Phil., 405; Safio Gumban

vs.

vs.

Gorecho, 50 Phil., 30;

Quintana,

Quinto

vs.

Horata, 54 Phil., 481.)

APPEAL from a judgment of the Court of First Instance

of Leyte.

Diez, J.

The facts are stated in the opinion of the court. Gabino R. Veloso for appellant.

Jovencio Borneo for appelJee. RODAS, J.:

Nearly two years after the death of Filomena Berm�y, Jose Puzon, one of her heirs, filed an application for the administration of the estate left by her, or to be more specific, on November 9, 1945, being Special Proceedings

DECEMBER, '.r950 No.

OFFICIAL GAZETTE

6169

16 of the Court of First Instance of Leyte, in which he

himself was appointed special

administrator

on

March

30, 1946. On November 23,

1945, Emerenciana de Veloso, another

heir of the deceased Filomena Bermoy, filed an application for the probate of her so-called last will and testament, which was Special Proceedings No.

48 of the same court.

Opposition was filed to said application by Jose Puzon, , Maximina Puzon, Lourdes Puzon, Primopusa Valenzona, Iluminada Valenzona,

p aricio

Valenzona, Sofronia Valen­

zona, alleged. to be legitimate heirs of the deceased.

At

the trial of said two· cases, the parties entered into the following agreement of facts :

1. That Filomena Bermoy had ahvays been residi11g in barrio Caridad, municipality of Baybay, Leyte, and was the lawful widow of Benito Valenzona, who

de"isl

on No­

vemebr 11, 1914 and that Filomena Bermoy died on June 28, 1943 in said barrio;

2. That the couple had three children nr.med Maura Va­ lenzona who died in 1005, Desiderio ValeEzona 'Yho died on

N ovcmber, 1916 and Leopolda Valenzuna;

3. That Maura Valenzona left three children named Jose Puzon, Cristeta and Isabelo Puzon, this bst one having died in

1941, and left five natural children, all minors,

namely: M�ximo, Remedios, Amada, Bonifacia and Lour­ des, all �urnamed Puzon;

·

4. That Desiderio Valenzona left six legitimate children, 'Jll May 6, 1946:

to \vit: Pri1nopusa; Clotilde, \vhv died

Iluminaclo; Caricio; Eufrcn�r. and Ab�desa, all of leg3l age.

Clotilde Valenzona left three legitimate children, all minors, named Cecilia de Leon; J\faria Della d8 L�on aPd Eufro:r..i o de Leon;

5. That Leopolcla Valenzona was first married to Lino Penaloza by ,,-horn she had five child:'._·en named: Crispina Penaloza de l\Iiraftor, P:'._·oculo Penaloza, l\Ia!.·ia Penaloza de Vicenciv, Lou:·des Penaloza de Bibas and Emerenciana Penaloza de Vel0so; and

ti. That Leoi;olda Valenzona contracted a second mar­ riage \Vith one ?eciro de Veyra, but they had no issue. Both spOLlses were taken by the October,

guerrilla forces

in

rn43 arid were seen no more.

The so-cal�ed last will and testament of Filomena Be1moy, marked Exhibit B, in which she willed all her estate exclusively in favor of her daughtei Leopolda Valenzona, written in the Visayan dialect and c'om�) csed uf three pages is dated Septe:n�er 2,

1942 and thumbm[