Azaola vs. Singson Case Digest G.R. No. 14003 August 5, 1960 109 Phil. 102

Azaola vs. Singson Case Digest 

G.R. No. 14003 ; August 5, 1960 ; 109 Phil. 102

PRINCIPLE/S:

Succession

a) Article 811 of the Civil Code of the Philippines is MANDATORY only for notarial wills

Witness/es needs to presented for probate of notarial wills.

Reason: Presence of at least three witnesses at the execution of ordinary wills is made by law essential to their validity

Number of witnesses necessary:

1 – will has no contest

At least 3 – will is contested

c) Rule if there is no witness or none of those produced is convincing

Court may resort to handwriting experts

- The law leaves it to the trial court if experts are still needed

d) Article 811 of the Civil Code of the Philippines is DISCRETIONARY for holographic wills is not contested

- Witness/es are may not be needed for probate of notarial wills if the will is NOT CONTESTED

Reason:  The law does not require any witness to be present at the execution of a holographic wil (Art. 810, new Civil Code). Hence, it becomes obvious that the existence of witness possessing the requisite qualifications is a matter beyond the control of the proponent.

e) Article 811 of the Civil Code of the Philippines is MANDATORY for holographic wills if it is CONTESTED

Number of witnesses necessary:

FACTS: Testator Yance died. Petitioner Francisco Azaola submitted for probate her holographic will, in which Maria Azaola was made the sole heir as against the nephew, respondent Singson.

Francisco Azaola, was also the sole witness presented to testify on the handwriting of the testatrix. He testified that he had seen the holographic will about one month before the death of the testatrix, as it was given to him and his wife and that he recognized all the signatures appearing in the holographic will as the handwriting of the testatrix. Francisco presented presented documents to reinforce his statement.

The probate was opposed. Subsequently, the probate was denied on the ground that under Article 811 of the Civil Code the proponent must present three witnesses who could declare that the will and the signature are in the writing of the testatrix, the probate being contested and because the lone witness presented “did not prove sufficiently that the body of the will was written in the handwriting of the testatrix.”

Petitioner appealed, urging: first, that he was not bound to produce more than one witness because the will’s authenticity was not questioned; and second, that Article 811 does not mandatorily require the production of three witnesses to identify the handwriting and signature of a holographic will, even if its authenticity should be denied by the adverse party.

ISSUE/S: WON Article 811 of the Civil Code is mandatory or permissive.

HELD: Permissive since the authenticity of the will was not contested, petitioner was not required to produce more than one witness. But even if the genuineness of the holographic will were contested, Article 811 can not be interpreted to require the compulsory presentation of three witnesses to identify the handwriting of the testator in holographic wills. This is because no witness may have been present at the execution of a holographic will, none being required by law (Art. 810, new Civil Code), it becomes obvious that the existence of witness possessing the requisite qualifications is a matter beyond the control of the proponent.

As such, if there are no competent witness available, the court may resort to expert evidence. The law leaves it to the trial court if experts are still needed. Hence, the rule requiring production of three witnesses in holographic wills must be deemed merely permissive if absurd results are to be avoided.

Considering, however, that this is the first occasion in which this Court has been called upon to construe the import of said article, the interest of justice would be better served, in our opinion, by giving the parties ample opportunity to adduce additional evidence, including expert witnesses, should the Court deem them necessary.