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    In The Matter of The Probate of The Will of Consuelo Santiago Garcia GR No. 204793 June 8, 2020 Case Digest

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    In the matter of the probate of the will of Consuelo Santiago Garcia GR No. 204793; June 8, 2020 Case digest

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    In The Matter of The Probate of The Will of Consuelo Santiago Garcia GR No. 204793 June 8, 2020 Case Digest

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    In the matter of the probate of the will of Consuelo Santiago Garcia GR No. 204793; June 8, 2020 Case digest

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    In the matter of the probate of the will of Consuelo Santiago Garcia GR No. 204793; June 8, 2020; Case digest

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    In the matter of the probate of the will of Consuelo Santiago Garcia GR No. 204793; June 8, 2020 Case digest

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    © All Rights Reserved
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    In The Matter of The Probate of The Will of Consuelo Santiago Garcia GR No. 204793 June 8, 2020 Case Digest

    Uploaded by

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    In the matter of the probate of the will of Consuelo Santiago Garcia GR No. 204793; June 8, 2020 Case digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    In the matter of the probate of the will of Consuelo Santiago Garcia GR No.

    204793; June 8, 2020

    Facts: Consuelo had two daughters, (Remedios) and (Natividad). Remedios


    predeceased Consuelo and left behind her children, which included Catalino
    Tanchanco (Catalino) and Ronaldo Tanchanco .
    On April 4, 1997, Consuelo, at 91 years old, passed away. On August 11, 1997,
    Catalino filed a petition to settle the intestate estate of Consuelo. Natividad filed a
    Motion to Dismiss[10] stating that she already filed a petition[11] for the probate of
    the Last Will and Testament. As the named executrix in the will, Natividad also
    prayed that letters testamentary be issued in her favor.

    The Tanchancos filed an Opposition[13] to Natividad's petition for probate alleging


    that the will's attestation clause did not state the number of pages and that the will
    was written in Tagalog, and not the English language usually used by Consuelo in
    most of her legal documents. They also pointed out that Consuelo could not have
    gone to Makati where the purported will was notarized considering her failing
    health and the distance of her residence in Pasay City. Moreover, they alleged that
    Consuelo's signature was forged. Thus, they prayed for the disallowance of probate
    and for the proceedings to be converted into an intestate one.
    RTC denied the probate of the will but Ca reversed it holding that the will
    complied with the formalities required under the law.

    Issue: Whether THE HONORABLE COURT OF APPEALS ERRED


    WHEN IT ALLOWED THE PROBATE OF THE DECEDENT'S WILL  

    Held: No. The Court concurs with the CA in holding that the trial court erred in
    lending credence to the allegations of the Tanchancos which are bereft of
    substantiation that Consuelo's signature was forged or that undue duress was
    employed in the execution of the will in question. it is settled that "the law favors
    testacy over intestacy.
    The will faithfully complied with the formalities required by law. What is
    imperative for the allowance of a will despite the existence of omissions is that
    such omissions must be supplied by an examination of the will itself, without the
    need of resorting to extrinsic evidence.In the instant case, the attestation clause
    indisputably omitted to mention the number of pages comprising the will.
    Nevertheless, the acknowledgment portion of the will supplied the omission by
    stating that the will has five pages
    The burden of proof is upon the Tanchancos to show that Consuelo could not have
    executed the will or that her signature was forged. The Tanchancos failed to
    disprove that Consuelo was more comfortable to use the Tagalog dialect in writing
    the will.
    About the claim of forgery, the same remains unsubstantiated because the
    Tanchancos merely surmised that there were discrepancies in Consuelo's signatures
    in the Residence Certificates and in the will, and insisted that the said signatures
    should not be "perfectly written" and instead should be "crooked" due to
    Consuelo's age.
    Bare allegations without corroborating proof that Consuelo was under duress in
    executing the will cannot be considered. The Tanchancos did not adduce evidence
    to corroborate their allegation that Consuelo declared that she would not execute a
    last will and testament, other than their self-interested statements.

    Considering the foregoing, the will of Consuelo should be allowed probate as it


    complied with the formalities required by the law.

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