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    ABAYS Vs ZALAMERO

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    May Chan
    Roman Abaya filed a petition to allow the will of Juan Zalamero, which was opposed by Donata Zalamero who alleged it was made under undue pressure and did not follow the requirements of Section 618 of the Civil Procedure Code. The lower court refused to admit the will. The Supreme Court had to determine if the will was made under undue pressure and influence or if it followed the requirements of Section 618. The Court ruled that since it was not alleged that the testator was insane or incapable, it had to decide based on whether the requirements of Section 618 were met. The Court found that the will was executed with the requirements of the law in force at the time.

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    ABAYS Vs ZALAMERO

    Uploaded by

    May Chan
    107 views1 page
    Roman Abaya filed a petition to allow the will of Juan Zalamero, which was opposed by Donata Zalamero who alleged it was made under undue pressure and did not follow the requirements of Section 618 of the Civil Procedure Code. The lower court refused to admit the will. The Supreme Court had to determine if the will was made under undue pressure and influence or if it followed the requirements of Section 618. The Court ruled that since it was not alleged that the testator was insane or incapable, it had to decide based on whether the requirements of Section 618 were met. The Court found that the will was executed with the requirements of the law in force at the time.

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    ABAYS vs ZALAMERO

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    Roman Abaya filed a petition to allow the will of Juan Zalamero, which was opposed by Donata Zalamero who alleged it was made under undue pressure and did not follow the requirements of Section 618 of the Civil Procedure Code. The lower court refused to admit the will. The Supreme Court had to determine if the will was made under undue pressure and influence or if it followed the requirements of Section 618. The Court ruled that since it was not alleged that the testator was insane or incapable, it had to decide based on whether the requirements of Section 618 were met. The Court found that the will was executed with the requirements of the law in force at the time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    107 views1 page

    ABAYS Vs ZALAMERO

    Uploaded by

    May Chan
    Roman Abaya filed a petition to allow the will of Juan Zalamero, which was opposed by Donata Zalamero who alleged it was made under undue pressure and did not follow the requirements of Section 618 of the Civil Procedure Code. The lower court refused to admit the will. The Supreme Court had to determine if the will was made under undue pressure and influence or if it followed the requirements of Section 618. The Court ruled that since it was not alleged that the testator was insane or incapable, it had to decide based on whether the requirements of Section 618 were met. The Court found that the will was executed with the requirements of the law in force at the time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    [G.R. No. L-3907. March 12, 1908.

    ROMAN ABAYA, Petitioner-Appellant, v. DONATA ZALAMERO, Respondent-Appellee.

    FACTS:

    Roman Abaya filed a petition with the Court of First Instance for the allowance of the will executed by Juan
    Zalamero. Donata Zalamero opposed the petition, alleging that the will had been executed under pressure and
    unlawful and improper influence on the part of those who were to benefit thereby, and that it had not been
    executed and signed in accordance with the provisions of section 618 of the Code of Civil Procedure.

    The lower court refused to admit the will of said Juan Zalamero. Abaya appealed from the decision and moved
    for a new trial which motion has not been finally acted upon by the lower court.

    Two points were presented. The first is, that Juan Zalamero, while in life; and second, that the.

    ISSUES:

    1. Whether or not Juan Zalamero executed his will, under lawful pressure and influence exercised by
    those who were thereby benefited

    2. Whether or not said will was not executed and signed in accordance with the provisions of section 618
    of the Code of Civil Procedure

    RULING:

    1.Since it was not expressly pretended that the said will should be disallowed under the provisions of section 634
    of the Code of Civil Procedure, either because the testator was insane or otherwise mentally incapable to execute
    such instrument at the time of its execution, or because it was procured by undue and improper pressure and
    influence on the part of the beneficiaries, the Supreme Court had to disregard them and rest the decision upon
    the allegation that the will was not executed in accordance with the provisions of section 618 of the Code of Civil
    Procedure.

    2. YES. The will in question was executed with the requirements established by the law in force.

    Mariano Zaguirre, who was requested by the testator to write his name and surname at the end of his will, did
    not affix his own signature immediately below the name and surname of Juan Zalamero and below the cross
    placed by the latter with the words "by request of the testator Juan Zalamero;" but in the said will are clearly
    stated the reason why it was not signed by the testator himself as also the request he made to the witness
    Zaguirre, and a repetition thereof was not necessary. The same witness, upon being requested, wrote with his
    own hand the name and surname of the testator, who afterwards placed the cross between them, stating that it
    was his statement, all of which was written immediately after the said name and surname of

    Classified as Confidential. Please do not forward this to unintended users. Otherwise, request necessary permission.

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