G.R. No.
L-15153, August 31, 1960
IN THE
MATTER OF THE SUMMARY SETTLEMENT OF THE ESTATE OF THE DECEASED ANACLETA
ABELLANA.
LUCIO
BALONAN VS. EUSEBIA ABELLANA, ET AL.
FACTS:
The last Will and Testament sought to be probated is
written in the Spanish language. Said instrument was signed by Juan Bello and under his name appears typewritten 'Por la
testadora Anacleta Abellana, residence Certificate A-1167629, Enero 20, 1951,
Ciudad de Zamboanga', and on the second page appears the signature of
the three (3) instrumental witnesses
ISSUE:
Whether the signature of Dr. Juan A. Abello above the
typewritten statement "Por la Testadora Anacleta Abellana * * *, Ciudad de
Zamboanga," comply with the requirements of the law.
RULING: NO. The
old law as well as the new require that the testator himself sign the will, or
if he cannot do so, the testator's name must be written by some other person in
his presence and by his express direction. In the case of Barut vs.
Cabacungan, 21 Phil., 461, we held that the important thing is that it clearly
appears that the name of the testatrix was signed at her express direction; it
is unimportant whether the person who writes the name of the testatrix signs
his own or not. In the case at bar the name of the testatrix, Anacleta
Abellana, does not appear written under the will by said Abellana herself,
or by Dr. Juan Abello. There is, therefore, a failure to comply with the
express requirement in the law that the testator must himself sign the will, or
that his name be affixed thereto by some other person in his presence and by
his express direction.
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