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    26 Guerrero vs. Bihis (Art 806)

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    Joshua Erik Madria
    The Supreme Court denied the petition to probate the will. The will was not validly acknowledged as required by law because it was acknowledged before a notary public who did not have jurisdiction over the place where the acknowledgment occurred. Specifically, the will was acknowledged in Quezon City before a notary public commissioned for Caloocan City. As a notary public's commission is limited to a specific territorial jurisdiction, the notary lacked authority to take the acknowledgment outside of his jurisdiction, so the acknowledgment was invalid. Without a valid acknowledgment, the will could not be accepted for probate. The Court affirmed the lower court decisions denying the probate of the will.

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    26 Guerrero vs. Bihis (Art 806)

    Uploaded by

    Joshua Erik Madria
    49 views1 page
    The Supreme Court denied the petition to probate the will. The will was not validly acknowledged as required by law because it was acknowledged before a notary public who did not have jurisdiction over the place where the acknowledgment occurred. Specifically, the will was acknowledged in Quezon City before a notary public commissioned for Caloocan City. As a notary public's commission is limited to a specific territorial jurisdiction, the notary lacked authority to take the acknowledgment outside of his jurisdiction, so the acknowledgment was invalid. Without a valid acknowledgment, the will could not be accepted for probate. The Court affirmed the lower court decisions denying the probate of the will.

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    26 Guerrero vs. Bihis (Art 806)

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    The Supreme Court denied the petition to probate the will. The will was not validly acknowledged as required by law because it was acknowledged before a notary public who did not have jurisdiction over the place where the acknowledgment occurred. Specifically, the will was acknowledged in Quezon City before a notary public commissioned for Caloocan City. As a notary public's commission is limited to a specific territorial jurisdiction, the notary lacked authority to take the acknowledgment outside of his jurisdiction, so the acknowledgment was invalid. Without a valid acknowledgment, the will could not be accepted for probate. The Court affirmed the lower court decisions denying the probate of the will.

    Copyright:

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

    26 Guerrero vs. Bihis (Art 806)

    Uploaded by

    Joshua Erik Madria
    The Supreme Court denied the petition to probate the will. The will was not validly acknowledged as required by law because it was acknowledged before a notary public who did not have jurisdiction over the place where the acknowledgment occurred. Specifically, the will was acknowledged in Quezon City before a notary public commissioned for Caloocan City. As a notary public's commission is limited to a specific territorial jurisdiction, the notary lacked authority to take the acknowledgment outside of his jurisdiction, so the acknowledgment was invalid. Without a valid acknowledgment, the will could not be accepted for probate. The Court affirmed the lower court decisions denying the probate of the will.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
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    26

    Bella A. Guerrero Case flow:


    Petitioner
    RTC – Petition for probate of a will – DENIED
    vs. Ratio: Article 806 of the Civil Code was not complied with
    because the will was acknowledged at the testatrix’
    Resurreccion A. Bihis, Respondent residence in Quezon City before a commissioned notary
    public for and in Caloocan City.
    G.R. No. 174144, April 17, 2007
    CA – Affirmed decision of RTC

    SC – Petition denied. Affirmed decision of RTC and CA.


    FACTS:
     February 19, 1994 – Felisa Tamio de Buenaventura, mother of Bella A. Guerrero and Resurreccion A. Bihis, died.
     Petitioner filed a petition for the probate of the last will of the decedent.
     Petitioner was allegedly named as executrix in the will.
     Respondent opposed her elder sister’s petition on the following grounds:
     The will was not executed and attested as required by law;
     Its attestation clause and acknowledgement did not comply with the requirements of the law
    (acknowledged in testatrix’ residence in Quezon City before Atty. Macario O. Directo, a commissioned notary
    public for and in Caloocan City);
     The testatrix’ signature was procured by fraud; and
     Petitioner procured the will through undue and improper pressure and influence.
     Petitioner asserts that the fact that the notary public was acting outside his territorial jurisdiction did not affect
    the validity of the notarial will.
     RTC denied the probate of the will. CA affirmed RTC’s decision.

    ISSUE(s): HELD:
    Did the will “acknowledged” by NO, it did not.
    the testatrix and the
    instrumental witnesses before Article 806 provides that every will must be acknowledged before a notary public.
    a notary public acting outside This formal requirement is one of the indispensible requisites for the validity of a will.
    the place of his commission On the other hand, the Notarial Law provides that a notary public’s commission is
    satisfy the requirement under issued “within and for” a particular territorial jurisdiction. Outside the place of his
    Article 806 of the Civil Code? commission, he is bereft of power to perform any notarial act.

    Since Atty. Directo was not a commissioned notary public for and in Quezon City, he
    lacked the authority to take the acknowledgement of the testatrix and the
    instrumental witnesses. In the same vein, the testatrix and her witnesses could not
    have validly acknowledged the will before him. In effect, the subject will was not
    acknowledged as required by law.

    DOCTRINES ( from eSCRA):

    Wills and Succession; Notarial Law; Words and Phrases; A notarial will that is not acknowledged before a notary public
    by the testator and the instrumental witnesses is void and cannot be accepted for probate; An acknowledgment is the
    act of one who has executed a deed in going before some competent officer and declaring it to be his act or deed, and in
    the case of a notarial will, that competent officer is the notary public.

    Same; Same; The acknowledgment of a notarial will coerces the testator and the instrumental witnesses to declare
    before an officer of the law, the notary public, that they executed and subscribed to the will as their own free act or
    deed; Acknowledgment can only be made before a competent officer, that is, a lawyer duly commissioned as a notary
    public.

    Same; Same; Outside the place of his commission, a notary public is bereft of power to perform any notarial act—he is
    not a notary public; An acknowledgment taken outside the territorial limits of the officer’s jurisdiction is void as if the
    person taking it were wholly without official character.

    Same; Same; The violation of a mandatory or a prohibitory statute renders the act illegal and void unless the law itself
    declares its continuing validity.

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