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    Digest 22. Spouses Ajero vs. CA

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    Paul Martin Marasigan
    This document summarizes a Supreme Court case regarding the probate of a holographic will. The Court of Appeals had reversed the trial court's decision to admit the decedent's holographic will to probate, finding that it did not meet the requirements of Articles 813 and 814 of the Civil Code regarding signatures and dates. However, the Supreme Court reversed, stating that the only relevant issues in admitting a will to probate are whether it is the decedent's last will, whether it was properly executed, and whether the decedent had testamentary capacity and acted voluntarily. Failure to comply with formalities affects the validity of dispositions but not the probate of the whole will.

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    Digest 22. Spouses Ajero vs. CA

    Uploaded by

    Paul Martin Marasigan
    406 views2 pages
    This document summarizes a Supreme Court case regarding the probate of a holographic will. The Court of Appeals had reversed the trial court's decision to admit the decedent's holographic will to probate, finding that it did not meet the requirements of Articles 813 and 814 of the Civil Code regarding signatures and dates. However, the Supreme Court reversed, stating that the only relevant issues in admitting a will to probate are whether it is the decedent's last will, whether it was properly executed, and whether the decedent had testamentary capacity and acted voluntarily. Failure to comply with formalities affects the validity of dispositions but not the probate of the whole will.

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    case digest of Spouses Ajero vs. CA: wills; probate; allowance and disallowance of wills

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    This document summarizes a Supreme Court case regarding the probate of a holographic will. The Court of Appeals had reversed the trial court's decision to admit the decedent's holographic will to probate, finding that it did not meet the requirements of Articles 813 and 814 of the Civil Code regarding signatures and dates. However, the Supreme Court reversed, stating that the only relevant issues in admitting a will to probate are whether it is the decedent's last will, whether it was properly executed, and whether the decedent had testamentary capacity and acted voluntarily. Failure to comply with formalities affects the validity of dispositions but not the probate of the whole will.

    Copyright:

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

    Digest 22. Spouses Ajero vs. CA

    Uploaded by

    Paul Martin Marasigan
    This document summarizes a Supreme Court case regarding the probate of a holographic will. The Court of Appeals had reversed the trial court's decision to admit the decedent's holographic will to probate, finding that it did not meet the requirements of Articles 813 and 814 of the Civil Code regarding signatures and dates. However, the Supreme Court reversed, stating that the only relevant issues in admitting a will to probate are whether it is the decedent's last will, whether it was properly executed, and whether the decedent had testamentary capacity and acted voluntarily. Failure to comply with formalities affects the validity of dispositions but not the probate of the whole will.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    106720 (9/15/94)
    SPOUSES AJERO vs. CA
    FACTS: Petitioners instituted Sp. Proc. No. Q-37171,
    for allowance of decedent ANNIE SANDS holographic
    will. Notwithstanding the oppositions, the trial court
    admitted the decedent's holographic will to probate.
    On appeal, said Decision was reversed, and the
    petition for probate of decedent's will was dismissed.
    The Court of Appeals found that, "the holographic will
    fails to meet the requirements for its validity." It held
    that the decedent did not comply with Articles 813 and
    814 of the New Civil Code. It alluded to certain
    dispositions in the will which were either unsigned and
    undated, or signed but not dated. It also found that the
    erasures, alterations and cancellations made thereon
    had not been authenticated by decedent.
    ISSUE: Whether or not a will may be disallowed
    probate based on Arts. 813 and 814.
    Ruling: SC reversed CA ruling. Section 9, Rule 76 of
    the Rules of Court provides that a will shall be
    disallowed in any of the following cases: (a) If not
    executed and attested as required by law; (b) If the
    testator was insane, or otherwise mentally incapable
    to make a will, at the time of its execution; (c) If it was
    executed under duress, or the influence of fear, or
    threats; (d) If it was procured by undue and improper
    pressure and influence, on the part of the beneficiary,
    or of some other person for his benefit; (e) If the

    signature of the testator was procured by fraud or


    trick, and he did not intend that the instrument should
    be his will at the time of fixing his signature thereto.
    In the same vein, Article 839 of the New Civil
    Code reads:
    Art. 839: The will shall be disallowed in any of the
    following cases: (1) If the formalities required by law
    have not been complied with; (2) If the testator was
    insane, or otherwise mentally incapable of making a
    will, at the time of its execution; (3) If it was executed
    through force or under duress, or the influence of fear,
    or threats; (4) If it was procured by undue and
    improper pressure and influence, on the part of the
    beneficiary or of some other person; (5) If the
    signature of the testator was procured by fraud; (6) If
    the testator acted by mistake or did not intend that the
    instrument he signed should be his will at the time of
    affixing his signature thereto.
    These lists are exclusive; no other grounds can serve
    to disallow a will. Thus, in a petition to admit a
    holographic will to probate, the only issues to be
    resolved are: (1) whether the instrument submitted is,
    indeed, the decedent's last will and testament; (2)
    whether said will was executed in accordance with the
    formalities prescribed by law; (3) whether the
    decedent had the necessary testamentary capacity at
    the time the will was executed; and, (4) whether the
    execution of the will and its signing were the voluntary
    acts of the decedent. In the case at bench, respondent
    Page 1 of 2

    court held that the holographic will of Anne Sand was


    not executed in accordance with the formalities
    prescribed by law. It held that Articles 813 and 814 of
    the New Civil Code, ante, were not complied with,
    hence, it disallowed the probate of said will. This is
    erroneous.

    A reading of Article 813 of the New Civil Code shows


    that its requirement affects the validity of the
    dispositions contained in the holographic will, but not
    its probate. If the testator fails to sign and date some
    of the dispositions, the result is that these
    dispositions cannot be effectuated. Such failure,
    however, does not render the whole testament void.

    Page 2 of 2

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