Gonzales v.

CA
G.R. No. L-37453 May 25, 1979
Guerrero, J. (Ponente)

Facts:
1. Petitioner Rizalina Gonzales and Lutgarda Santiago (Private
respondent) are the nieces of the deceased Isabel Gabriel who died a
widow. A will was thereafter submitted to probate. The said will was
typewritten, in Tagalog and appeared to have been executed in April
1961 or two months prior to the death of Isabel. It consisted of 5
pages including the attestation and acknowledgment, with the
signature of testatrix on page 4 and the left margin of all the pages.

2. Lutgarda was named as the universal heir and executor. The

petitioner opposed the probate.

3. The lower court denied the probate on the ground that the will was
not executed and attested in accordance with law on the issue of the
competency and credibility of the witnesses.

Issue: Whether or not the credibility of the subscribing witnesses is

material to the validity of a will

RULING: No. The law requires only that witnesses posses the
qualifications under Art. 820 (NCC) and none of the disqualifications of
Art. 802. There is no requirement that they are of good standing or
reputation in the community, for trustworthiness, honesty and
uprightness in order that his testimony is believed and accepted in
court. For the testimony to be credible, it is not mandatory that
evidence be established on record that the witnesses have good
standing in the the community. Competency is distinguished from
credibility, the former being determined by Art. 820 while the latter
does not require evidence of such good standing. Credibility depends
on the convincing weight of his testimony in court.