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  • Testator Signing Through An Agent - Art. 805, NCC: Eloise

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    Eloise Coleen Sulla Perez
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    This case discusses the requirements for validly signing a will through an agent under Article 805 of the Civil Code of the Philippines. The Supreme Court ruled the will of Anacleta Abellana invalid because it was signed by Juan Bello without Abellana's name being written by Bello in her presence and at her express direction, as required by law. The testator must personally sign the will or have their name written by another at their direction for it to be valid. As these requirements were not met, the petition to probate Abellana's will was denied.

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    29 Balonan v. Abellana.docx

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    This case discusses the requirements for validly signing a will through an agent under Article 805 of the Civil Code of the Philippines. The Supreme Court ruled the will of Anacleta Abellana invalid because it was signed by Juan Bello without Abellana's name being written by Bello in her presence and at her express direction, as required by law. The testator must personally sign the will or have their name written by another at their direction for it to be valid. As these requirements were not met, the petition to probate Abellana's will was denied.

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    36 views1 page

    Testator Signing Through An Agent - Art. 805, NCC: Eloise

    Uploaded by

    Eloise Coleen Sulla Perez
    This case discusses the requirements for validly signing a will through an agent under Article 805 of the Civil Code of the Philippines. The Supreme Court ruled the will of Anacleta Abellana invalid because it was signed by Juan Bello without Abellana's name being written by Bello in her presence and at her express direction, as required by law. The testator must personally sign the will or have their name written by another at their direction for it to be valid. As these requirements were not met, the petition to probate Abellana's will was denied.

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    © All Rights Reserved
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    of 1

    Eloise

    Case No. 29
    Testator signing through an agent | Art. 805, NCC
    Balonan v. Abellana (1960)

    Nature of the Case: Appeal from a decision of CFI-Zamboanga admitting to probate the will of Anacleta Abellana. Case was originally
    appealed to the CA; in view of the fact that the appeal involves a question of law, CA has certified the case to RTC.

    Facts: A two-page typewritten Will and Testament in the Spanish language supposedly made by the testatrix Anacleta Abellana was
    sought to be probated at CFI-Zamboanga City. The first page of the will is signed by Juan Bello and under his name appears the
    typewritten “Por la testadora Anacleta Abellana…”, and on the second page appears the signature of three (3) instrumental
    witnesses Blas Sebastian, Faustino Macaso and Rafael Ignacio, at the bottom of which appears the signature of T. de los Santos and
    below his signature is his official designation as the notary public who notarized the said testament.

    Issue: Whether the signature of another person (Juan A. Abello) above the name of the testator (or above the typewritten statement
    "Por la Testadora Anacleta Abellana…”) comply with the requirements of law prescribing the manner in which a will shall be
    executed.

    Ruling: NO.
    Article 805 of the NCC, in part provides as follows:
    Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's
    name written by some other person in his presence, and by his express direction, and attested and subscribed by three or
    more credible witness in the presence of the testator and of one another.

    Hence, the testator himself must 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 (main point; pg. 73 in Mison). In the case of Ex Parte Pedro Arcenas, where a testator
    does not know how, or is unable for any reason, to sign the will himself, it shall be signed in the following manner: John Doe by the
    testator, Richard Doe; or in this form: "By the testator, John Doe, Richard Doe." All this must be written by the witness signing at the
    request of the testator.

    Also, in the case of Barut vs. Cabacungan, the Court 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
    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.

    Decision appealed from is SET ASIDE and petition for the probate of the will DENIED.

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