UP Law F2021 055 Jaboneta v.

Gustilo
Succession Sec. 618 Code of Civil 1906 Carson
Procedure

SUMMARY

MAcario Jaboneta executed a will in the presence of three other witnesses: Julio Javellana, Aniceto
Jalbuena and Isabelo Jena. Jaboneta, Jena and Jalbuena signed the document in the presence of
everyone. When it was Javellana’s turn, Jena left the room, saying that he was in a hurry. Javellana
nevertheless signed in the presence of the remaining two other people—Jaboneta and Jalbuena. This
incident was the basis of litigation, averring that such signing without the presence of Jena as witness
constitute violation of Sec. 618 of Code Civil Procedure. The trial court decided it was a violation. Upon
appeal, the SC ruled that it did not violate Sec. 618 and the same was satisfied by the mere knowledge of
Jena that Javellana was about to sign the will when he left the room.

FACTS

 Dec. 26, 1901 – Macario Jaboneta executed his will in the presence of Julio Javellana, Aniceto
Jalbuena and Isabelo Jena;
 They were all together in one room when Jaboneta signed the document;
 Jeuna signed next and then Jalbueana signed next, both also in the presence of the three other person
 Jena was in a hurry; he left the room when Javellana was about to sign. Javellana still sign the
document, but only in the presence of two people—testator Jaboneta, and other one witness
Jalbuena;
 The incident constituted a ground for the present litigation, averring that the same was a violation of
Sec. 618 of Civil Procedure;
 Trial court ruled in the favor of the oppositors/appallees Gustilo et.al;
 German Jaboneta, one of the descendants, appealed the decision to the SC.

RATIO

W/N requisite of Sec. 618 of Code of Civil Procedure were satisfied in the execution of Jaboneta’s will
Yes.

The Court said that the fact that Jena was still in the room when he saw Javellana moving his hand and pen
in the act of affixing his signature to the will, taken together with the testimony of the remaining witnesses,
which shows that Javellana did in fact there and then sign his name to the will, convinces us that the
signature was affixed in the presence of Jena. The fact that he was in the act of leaving, and that his back was
turned while a portion of the name of the witness was being written, is of no importance. He, with the
other witnesses and the testator, has assembled for the purpose of execution the testament, and
were together in the same room for that purpose, and at the moment when the witness Javellana
signed the document he was actually and physically present and in such position with relation to
Javellana that he could see everything which took place by merely casting his eyes in the proper
direction, and without any physical obstruction to prevent his doing so, therefore we are of opinion
that the document was in fact signed before he finally left the room.

It was further held that it is sufficient if it witnesses are together for the purpose of witnessing the
execution of the will, and in a position to actually see the testator write, if they choose to do so; and there
are many cases which law down the rule that the true test of vision is not whether the testator actually saw
the witness sign, but whether he might have seen him sign, considering his mental and physical condition
and position at the time of the subscription.
 FALLO

The judgment of the trial court is reversed, without especial condemnation of costs, and after twenty days
the record will be returned to the court from whence it came, where the proper orders will be entered in
conformance herewith. So ordered.

Notes:

Sec. 618. Requisites of Will. No will, except as provided in the preceding section shall be valid to pass any
estate, real or personal, nor change or affect the same, unless it be written in the language or dialect known
by the testator and signed by him, 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 witnesses in the
presence of the testator and of each other. The testator or the person requested by him to write his name
and the instrumental witnesses of the will shall also sign, as aforesaid, each and every page thereof, on the
left margin, and such pages be numbered correlatively in letters placed on the upper part of each sheet. The
attestation shall state the number of sheets or pages used, upon which the will was written, and the fact that
the testator signed the will and every page thereof, or caused some other person to write his name, under
his express direction, in the presence of three witnesses, and the latter witnessed and signed the will and all
pages thereof in the presence of the testator and of each other.