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    Lee Vs Tambago

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    RavenFox
    This case involved a dispute over the validity of a will notarized by Atty. Regino Tambago. Complainant Manuel Lee claimed the will leaving his father's estate mostly to his stepmother was forged. The Supreme Court ruled the will was invalid, as it was only witnessed by two people instead of the required three, and the notarization contained errors like listing an outdated residence certificate for the testator. The Court found Atty. Tambago guilty of violating notarial law and legal ethics, suspending him from practice for one year and revoking his notary license.

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    Lee Vs Tambago

    Uploaded by

    RavenFox
    591 views1 page
    This case involved a dispute over the validity of a will notarized by Atty. Regino Tambago. Complainant Manuel Lee claimed the will leaving his father's estate mostly to his stepmother was forged. The Supreme Court ruled the will was invalid, as it was only witnessed by two people instead of the required three, and the notarization contained errors like listing an outdated residence certificate for the testator. The Court found Atty. Tambago guilty of violating notarial law and legal ethics, suspending him from practice for one year and revoking his notary license.

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    Succession

    Original Title

    Lee vs Tambago

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    This case involved a dispute over the validity of a will notarized by Atty. Regino Tambago. Complainant Manuel Lee claimed the will leaving his father's estate mostly to his stepmother was forged. The Supreme Court ruled the will was invalid, as it was only witnessed by two people instead of the required three, and the notarization contained errors like listing an outdated residence certificate for the testator. The Court found Atty. Tambago guilty of violating notarial law and legal ethics, suspending him from practice for one year and revoking his notary license.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    591 views1 page

    Lee Vs Tambago

    Uploaded by

    RavenFox
    This case involved a dispute over the validity of a will notarized by Atty. Regino Tambago. Complainant Manuel Lee claimed the will leaving his father's estate mostly to his stepmother was forged. The Supreme Court ruled the will was invalid, as it was only witnessed by two people instead of the required three, and the notarization contained errors like listing an outdated residence certificate for the testator. The Court found Atty. Tambago guilty of violating notarial law and legal ethics, suspending him from practice for one year and revoking his notary license.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Lee vs Tambago, A.C No.

    5281, February 2008


    Facts:

    Complainant Manuel lee charged respondent Atty. Regino


    Tambago with violation of the notarial law and the ethics of
    the legal profession for notarising a spurious last will and
    testament.
    Complainant averred that his father, Vicente lee, Sr., never
    executed the contested will. The signature of the two
    witnesses in the will are claimed to be spurious.
    In the said will, the decedent supposedly bequeathed his
    entire estate to his wife Lim Hock Lee, save for a parcel of
    land which he devised to Vicente Lee, Jr., and Elena Lee,
    half siblings of the complainant.
    Complainant claimed that while the will was executed and
    acknowledged on June 1965, the decedents residence
    certificate noted in the acknowledgement of the will was
    dated January 1962.
    Complainant also point out the absence of notation of the
    residence certificate of the two witnesses in the will.
    Respondent answered that the complaint contain false
    allegations. He claimed that the will and testament was
    validly executed and actually notarized by him as per
    affidavit of Gloria Novato, common law wife of the decedent,
    and corroborated by the joint-affidavit of the children of the
    decedent namely Elena Lee and Vicente Lee.
    The RTC referred the case to the IBP for investigation,
    report, and recommendation.
    The IBP investigating commissioner found respondent guilty
    of violation of the old notarial law. Also, the violation
    constituted an infringement of legal ethics of the CPR. The
    commissioner recommended the suspension of the
    respondent for a period of 3 months.
    The IBP Board of Governors, in its resolution, adopted and
    approved with modifications the recommendation of the
    commissioner. Respondent was suspended from the practice
    of law for 1 year and his notarial commission was revoked
    and disqualified from reappointment as notary public for 2
    years.

    Issue:

    Whether or not the will is valid?


    Ruling:

    The SC ruled that the will is invalid.


    The will was attested by only 2 witnesses and therefore
    it is considered void.
    A notarial will is required by law to be subscribed at the
    end thereof by the testator himself. In addition, it should
    be attested and subscribed by 3 or more credible
    witnesses in the presence of the testator and of one
    another.
    The object of solemnities surrounding the execution of
    wills is to close the door on bad faith and fraud, to avoid
    substitution of wills and testaments and to guarantee
    their truth and authenticity.
    The Civil Code likewise requires that a will must be
    acknowledged before a notary public by the testator and
    the witnesses.
    An Acknowledgement is the act of one who has executed
    a deed in going before some competent officer or court
    and declaring it to be his act or deed. An
    Acknowledgement in a notarial will has a two-fold
    purpose: (1) to safeguard the testators wishes long
    after his demise, and (2) to assure that his estate is
    administered in the manner that he intends it to be
    done.
    The acknowledgment of the will in question shows that
    this requirement was neither strictly nor substantially
    complied with. There was an absence of a notation of
    the residence certificate of the notarial witnesses in the
    acknowledgement. Similarly, the notation of the
    testators old residence certificate in the same
    acknowledgment was a clear breach of the law. These
    omissions by respondent invalidated the will.
    Defects in the observance of the solemnities prescribed
    by the law render the entire will invalid.
    Respondent was suspended to practice law for a period
    of 1 year and his notarial commission is revoked and he
    is perpetually disqualified from reappointment as a
    notary public.

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