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Jan 5, 2013

Cruz v. Villasor Digest

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Cruz v. Villasor
G.R. L-32213 November 26, 1973
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1. The CFI of Cebu allowed the probate of the last will and testament of the late provider can be a daunting
Valenti Cruz. However, the petitioner opposed the allowance of the will alleging task for a new vehicle owner
that it was executed through fraud, deceit, misrepresentation, and undue influence. and that includes even a law
student like me. Choosin...
He further alleged that the instrument was executed without the testator having
been informed of its contents and finally, that it was not executed in accordance
with law.

2. One of the witnesses, Angel Tevel Jr. was also the notary before whom the will
was acknowledged. Despite the objection, the lower court admitted the will to
probate on the ground that there is substantial compliance with the legal
requirements of having at least 3 witnesses even if the notary public was one of Hello, there!
them.
Shan Moore
Follow 69
Issue: Whether or not the will is valid in accordance with Art. 805 and 806 of
the NCC View my
complete profile
HELD: NO.
The will is not valid. The notary public cannot be considered as the third Visits
instrumental witness since he cannot acknowledge before himself his having
signed the said will. An acknowledging officer cannot serve as witness at the same
time. 1 0 4 3 6 1 9

To acknowledge before means to avow, or to own as genuine, to assent, admit,

and 'before' means in front of or preceding in space or ahead of. The notary cannot
split his personality into two so that one will appear before the other to
acknowledge his participation int he making of the will. To permit such situation
would be absurd.
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Finally, the function of a notary among others is to guard against any illegal or I used to wonder
how slim girls eat
immoral arrangements, a function defeated if he were to be one of the attesting or everything they like
instrumental witnesses. He would be interested in sustaining the validity of the will and still look
amazing.
as it directly involves himself and the validity of his own act. he would be in an
inconsistent position, thwarting the very purpose of the acknowledgment, which is
to minimize fraud.

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