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    CASE #10 in The Matter of The Petition For The Probate of The Will of Consuelo Santiago Garcia: Catalino and Rolando Tanchanco vs. Natividad Santos G.R. No. 204793, June 08, 2020

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    Harlene Hemor
    This case involves a dispute over the probate of Consuelo Santiago Garcia's will between her grandchildren, Catalino and Ronaldo Tanchanco, and her daughter Natividad Santos. The Tanchancos contested the will's validity, alleging signature forgery and non-compliance with formalities. However, the court upheld the will's probate, finding that it substantially complied with legal requirements despite a minor omission in the attestation clause. The court also determined that the lawyers who witnessed the will were qualified and that the Tanchancos did not provide proof of forgery or lack of testamentary capacity. The will was therefore deemed valid and its probate allowed.

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    CASE #10 in The Matter of The Petition For The Probate of The Will of Consuelo Santiago Garcia: Catalino and Rolando Tanchanco vs. Natividad Santos G.R. No. 204793, June 08, 2020

    Uploaded by

    Harlene Hemor
    29 views2 pages
    This case involves a dispute over the probate of Consuelo Santiago Garcia's will between her grandchildren, Catalino and Ronaldo Tanchanco, and her daughter Natividad Santos. The Tanchancos contested the will's validity, alleging signature forgery and non-compliance with formalities. However, the court upheld the will's probate, finding that it substantially complied with legal requirements despite a minor omission in the attestation clause. The court also determined that the lawyers who witnessed the will were qualified and that the Tanchancos did not provide proof of forgery or lack of testamentary capacity. The will was therefore deemed valid and its probate allowed.

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    This case involves a dispute over the probate of Consuelo Santiago Garcia's will between her grandchildren, Catalino and Ronaldo Tanchanco, and her daughter Natividad Santos. The Tanchancos contested the will's validity, alleging signature forgery and non-compliance with formalities. However, the court upheld the will's probate, finding that it substantially complied with legal requirements despite a minor omission in the attestation clause. The court also determined that the lawyers who witnessed the will were qualified and that the Tanchancos did not provide proof of forgery or lack of testamentary capacity. The will was therefore deemed valid and its probate allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views2 pages

    CASE #10 in The Matter of The Petition For The Probate of The Will of Consuelo Santiago Garcia: Catalino and Rolando Tanchanco vs. Natividad Santos G.R. No. 204793, June 08, 2020

    Uploaded by

    Harlene Hemor
    This case involves a dispute over the probate of Consuelo Santiago Garcia's will between her grandchildren, Catalino and Ronaldo Tanchanco, and her daughter Natividad Santos. The Tanchancos contested the will's validity, alleging signature forgery and non-compliance with formalities. However, the court upheld the will's probate, finding that it substantially complied with legal requirements despite a minor omission in the attestation clause. The court also determined that the lawyers who witnessed the will were qualified and that the Tanchancos did not provide proof of forgery or lack of testamentary capacity. The will was therefore deemed valid and its probate allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    CASE #10

    In the matter of the petition for the probate of the will of Consuelo Santiago
    Garcia: CATALINO and ROLANDO TANCHANCO vs. NATIVIDAD SANTOS
    G.R. No. 204793, June 08, 2020

    FACTS:

    Consuelo Santiago Garcia died at 91 years old. She had 2 daughters, Remedios
    and Natividad. Remedios predeceased her and left behind her children, Catalino and
    Ronaldo Tanchanco. Natividad had children of her own. When Consuelo passed away,
    Catalino filed a petition to settle her intestate estate. Natividad filed a Motion to Dismiss
    stating that she already filed a petition for the probate of the Last Will and Testament of
    Consuelo.

    The Tanchancos filed an Opposition to Natividad’s petition alleging that the will’s
    attestation clause did not state the number of pages and that the will was written in
    Tagalog, and not in English which is usually used by Consuelo in her legal documents.
    They also pointed out that Consuelo could not have gone to Makati where the purported
    will was notarized considering the distance of her residence in Pasay City. They also
    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.

    However, Natividad contended that there was substantial compliance with Article
    805 of the New Civil Code, the number of pages was clearly indicated in the
    acknowledgement portion. The will was witnessed by Atty. Tantuico, Atty. Lallana and
    Atty. Paras and notarized by Atty. Marapao. All of the foregoing identified each other
    signatures, as well as that of Consuelo, and stated that they asked Consuelo probing
    questions to determine the soundness of her mind and whether she understood the
    contents of the will. They also stated that they witness each other as they signed the will
    as well as Consuelo.

    Ronaldo who had a close relationship with Consuelo alleges that she told him
    that she did not execute a will. He also alleges that Consuelo cannot walk unaided as
    early as 10 years before the alleged execution of the will because of a previous
    accident. He also alleges that the will was one-sided as most of the properties would be
    given to Natividad and contrary to Consuelo’s intention to equally distribute her estate
    between her daughters. He stated that Consuelo’s signature in the will is the same as
    that in the Deed of Sale signed by her, which he claims to be authentic.
    ISSUE:

    Whether the probate of the Last Will and Testament of Consuelo should be
    allowed.

    HELD:

    YES. The will faithfully complied with the formalities required by the law. An
    examination of the will shows that it complied with the formalities required by law,
    except that the attestation clause failed to indicate the total number of pages upon
    which the will was written. Such was cured by the rule on substantial compliance in
    Article 809 which presupposes that the defects in the attestation clause can be cured or
    supplied by the text of the will or a consideration of matter apparent therefrom which
    would supply the date. Although the attestation clause omitted to mention the number of
    pages comprising the will, nevertheless, the acknowledgement portion of the will
    supplied the omission by stating that the will has five pages.

    Lawyers are not disqualified from being witnesses to a will. The subscribing
    witnesses likewise testified to the due execution of the will. The attesting witnesses to
    the will in question are all lawyers equipped with the qualifications enumerated in Article
    805.

    The claim of forgery remains unsubstantiated because the Tanchancos merely


    surmised that there were discrepancies in Consuelo’s signatures. The burden of proof is
    upon the Tanchancos to show that Consuelo could not have executed the will or that
    her signature was forged. Bare allegations without corroborating proof that Consuelo
    was under duress in executing the will cannot be considered. Lastly, the Tanchancos
    failed to portray that Consuelo did not have the testamentary capacity to execute the will
    or that she was suffering from a condition which could have definitely prevented her
    from doing so.

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