Unson vs. Abella 43 Phil. 494, June 12, 1922

 

Unson vs. Abella 43 Phil. 494 , June 12, 1922| Ponente: VILLAMOR Nature:

APPEAL from a judgment of the Court of First Instance of Laguna Facts:

Doña Josefa Zalamea y Abella, single, 60 years old executed her last will and testament. Upon her death, the executor appointed in the will, Pedro Unson, filed f iled in the Court of First Instance of Laguna a petition to probate her will and the issuance of the proper letters of administration in his favor. The said application was opposed by Antonio Abella, Ignacia Abella, Avicencia Abella, and Santiago Vito, alleging that the supposed will of the deceased Zalamea was not executed in conformity with the provisions of the law inasmuch as it was not paged correlatively in letters, nor was there any attestation clause in it, nor was it signed by the testatrix and the witnesses in the presence of each other. The appellants contend that the court below erred in admitting the will to  probate notwithstand notwithstanding ing the omission of the proponent to produce one of the attesting witnesses. Ruling of the Lower Court:

The trial court ordered the probate of the will, Exhibit A, and the inventory, Exhibit A-1, holding that both documents contained the true and last will of the deceased Josefa Zalamea. Ruling of the Court of Appeals:

Wherefore, we find that the non-production of the attesting witness, Pedro de Jesus, as accounted for by the attorney for f or the proponent at the trial, does not render r ender void the decree of the court a quo, allowing the probate.

Issue:

Whether or not the will is valid? Ruling of the Supreme Court:

Yes. Though the general rule is that, if opposition is presented to the probate of a will, all the attesting witnesses must be produced; nevertheless, there are exceptions to this rule, to wit: When one of the witnesses is dead, or cannot be served with process of the court, or his reputation for truth is questioned, or he appears to

Wills and Successions

Unson vs. Abella

Case Digested by: Cyhna Torre | 1

 

 be hostile hostile to the cause of the parties seeking the pro probate bate of tthe he will will.. In such cases the will may be admitted to probate, if upon the evidence actually introduced the court is satisfied of the due execution of the will, inasmuch as even if said witness had  been produced pr oduced and had testified against the application, the result would not have  been changed, if the court was satisfied upo upon n the evidence add adduced uced that the will has  been executed in in the manner prescribed by the llaw. aw.

Wills and Successions

Unson vs. Abella

Case Digested by: Cyhna Torre | 2