Professional Documents
Culture Documents
1 Baltazar v. Laxa, G.R. No. 174489, April 11, 2012
1 Baltazar v. Laxa, G.R. No. 174489, April 11, 2012
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* FIRST DIVISION.
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251
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1 Gonzales Vda. de Precilla v. Narciso, 150-B Phil. 437, 473; 46 SCRA
538, 565 (1972).
2 Rollo, pp. 9-31.
252
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3 CA Rollo, pp. 177-192; penned by Associate Justice Andres B. Reyes,
Jr. and concurred in by Associate Justices Hakim S. Abdulwahid and
Vicente Q. Roxas.
4 Records, pp. 220-246; penned by Judge Jonel S. Mercado.
5 CA Rollo, p. 192.
6 Id., at p. 212.
7 Exhibit “G,” Folder of Exhibits, pp. 36-39.
253
“x x x x
Fourth—In consideration of their valuable services to me since
then up to the present by the spouses LORENZO LAXA and
CORAZON F. LAXA, I hereby BEQUEATH, CONVEY and GIVE
all my properties enumerated in parcels 1 to 5 unto the spouses
LORENZO R. LAXA and CORAZON F. LAXA and their children,
LUNA LORELLA LAXA and KATHERINE LAXA, and the
spouses Lorenzo R. Laxa and Corazon F. Laxa both of legal age,
Filipinos, presently residing at Barrio Sta. Monica, [Sasmuan],
Pampanga and their children, LUNA LORELLA and
KATHERINE ROSS LAXA, who are still not of legal age and
living with their parents who would decide to bequeath since they
are the children of the spouses;
x x x x
[Sixth]—Should other properties of mine may be discovered
aside from the properties mentioned in this last will and
testament, I am also bequeathing and giving the same to the
spouses Lorenzo R. Laxa and Corazon F. Laxa and their two
children and I also command them to offer masses yearly for the
repose of my soul and that of D[ñ]a Nicomeda Regala, Epifania
Regala and their spouses and
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8 Exhibit “G-11,” id., at p. 38.
9 Exhibits “G-9,” “G-10,” and “G-11,” id., at pp. 36, 37 and 39.
10 Exhibit “G-6,” id., at p. 38.
11 Exhibits “G-4,” “G-5,” and “G-7,” id., at pp. 36, 37 and 39.
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12 English Translation of the Last Will and Testament of Miss
Paciencia Regala, Exhibits “H-1” and “H-2,” id., at pp. 41-42.
13 TSN dated April 18, 2001, pp. 2-6.
14 Records, pp. 1-3.
15 Id., at pp. 13-14.
16 TSN dated June 22, 2000, p. 2.
17 Id., at p. 5.
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18 Id., at pp. 2-4.
19 Id., at p. 3.
20 Id., at p. 2.
21 Id., at p. 6.
22 Motion with Leave of Court to Admit Instant Opposition to Petition
of Lorenzo Laxa; records, pp. 17-18.
23 Id., at p. 17.
24 Id., at pp. 25-28.
25 Article 1049. Acceptance may be express or tacit.
x x x x
Acts of mere preservation or provisional administration do not imply an
acceptance of the inheritance if, through such acts, the title or capacity of
an heir has not been assumed.
256
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26 Records, p. 26.
27 Id., at p. 27.
28 Id., at pp. 42-43.
29 Id., at pp. 44-45.
30 Id., at p. 52.
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31 TSN dated January 18, 2001, pp. 2-4.
32 Id., at pp. 5-6.
33 TSN dated April 18, 2001, pp. 1- 28.
34 Id., at pp. 9-15.
35 Id., at pp. 16-17.
258
shortly after her arrival in the USA but that he saw a copy
of the Will only after her death.36
As to Francisco, he could no longer be presented in court
as he already died on May 21, 2000.
For petitioners, Rosie testified that her mother and
Paciencia were first cousins.37 She claimed to have helped
in the household chores in the house of Paciencia thereby
allowing her to stay therein from morning until evening
and that during the period of her service in the said
household, Lorenzo’s wife and his children were staying in
the same house.38 She served in the said household from
1980 until Paciencia’s departure for the USA on September
19, 1981.39On September 13, 1981, Rosie claimed that she
saw Faustino bring “something” for Paciencia to sign at the
latter’s house.40 Rosie admitted, though, that she did not
see what that “something” was as same was placed inside
an envelope.41 However, she remembered Paciencia
instructing Faustino to first look for money before she signs
them.42 A few days after or on September 16, 1981,
Paciencia went to the house of Antonio’s mother and
brought with her the said envelope.43 Upon going home,
however, the envelope was no longer with Paciencia.44
Rosie further testified that Paciencia was referred to as
“magulyan” or “forgetful” because she would sometimes
leave her wallet in the kitchen then start looking for it
moments later.45 On cross examination, it was established
that Rosie was neither a doctor nor a psychiatrist,
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36 Id., at pp. 24-25.
37 TSN dated November 27, 2002, p. 4.
38 Id., at p. 5.
39 TSN dated December 4, 2002, p. 8.
40 Id., at pp. 2-3.
41 Id., at p. 4.
42 Id.
43 Id., at p. 7.
44 Id., at p. 8.
45 Id., at p. 9.
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46 Id., at p. 10.
47 Id., at p. 11.
48 TSN dated January 7, 2003, p. 3.
49 Id., at pp. 6-8.
50 Id., at p. 12.
51 Id., at p. 11.
52 Id., at p. 16.
53 Id., at p. 17.
54 Id.
260
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55 Id., at pp. 18-19.
56 Records, pp. 220-246.
57 Id., at p. 246.
58 Id., at pp. 245-246.
59 CA Rollo, p. 185.
60 Id., at p. 188.
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Issues
I.
THE HONORABLE COURT OF APPEALS SERIOUSLY ERRED
WHEN IT ALLOWED THE PROBATE OF PACIENCIA’S WILL
DESPITE RESPONDENT’S UTTER FAILURE TO COMPLY
WITH SECTION 11, RULE 76 OF THE RULES OF COURT;
II.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED
IN MAKING CONCLUSIONS NOT IN ACCORDANCE WITH
THE EVIDENCE ON RECORD;
III.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED
IN RULING THAT PETITIONERS FAILED TO PROVE THAT
PACIENCIA WAS NOT OF SOUND MIND AT THE TIME THE
WILL WAS ALLEGEDLY EXECUTED63
Our Ruling
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61 Id., at pp. 193-199.
62 Id., at p. 212.
63 Rollo, p. 18.
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Rule 75
Production of Will. Allowance of
Will Necessary.
“Section 1. Allowance necessary. Conclusive as to execution.—
No will shall pass either real or personal estate unless it is proved
and allowed in the proper court. Subject to the right of appeal,
such allowance of the will shall be conclusive as to its due
execution.”
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64 Pastor, Jr. v. Court of Appeals, 207 Phil. 758, 766; 122 SCRA 885, 897 (1983).
65 Id.
263
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66 CA Rollo, pp. 193-199.
67 Id., at pp. 194-195.
68 Torres and Lopez de Bueno v. Lopez, 48 Phil. 772, 810 (1926);
Sancho v. Abella, 58 Phil.728, 732-733 (1933).
69 Id., at p. 811.
265
266
RULE 76
Allowance or Disallowance of Will
“Section 11. Subscribing witnesses produced or accounted
for where will contested.—If the will is contested, all the
subscribing witnesses, and the notary in the case of wills executed
under the Civil Code of the Philippines, if present in the
Philippines and not insane, must be produced and examined, and
the death, absence, or insanity of any of them must be
satisfactorily shown to the court. If all or some of such witnesses
are present in the Philippines but outside the province where the
will has been filed, their deposition must be taken. If any or all of
them testify against the due execution of the will, or do not
remember having attested to it, or are otherwise of doubtful
credibility, the will may nevertheless, be allowed if the court is
satisfied from the testimony of other witnesses and from all
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71 Gonzales Vda. de Precilla v. Narciso, supra note 1 at p. 445; pp. 542-543.
72 Id., at p. 474; pp. 565-566.
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73 Id., at p. 452; p. 548.
74 Id., at p. 453; p. 548.
75 Id., at p. 473; p. 565.
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