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Chapter 2 Sec1 Subsec4
Chapter 2 Sec1 Subsec4
COMMENT:
(1) Qualifications for Witnesses to Notarial Wills
At the time of attesting (Arts. 820 and 821), the witness
must:
(a) be of sound mind (Art. 820)
(b) be at least 18 years (Art. 820)
(c) be able to read and write (Art. 820)
(d) not be blind, deaf, or dumb (Art. 820)
(e) be domiciled in the Philippines (Art. 821)
(f) not have been CONVICTED (by final judgment)
of FALSIFICATION of a document; PERJURY; or
FALSE TESTIMONY (Art. 821)
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CIVIL CODE OF THE PHILIPPINES Art. 821
ANS.: No, since after all, the witness does not even have
to know the contents of the will. Therefore, he does not have
to understand the language concerned. (See 57 Am. Jur. Wills,
Sec. 311).
[NOTE: It is not even essential for the witness to know
the language in which the attestation has been written. It is
sufficient that same be interpreted to him. (See Art. 805).].
COMMENT:
127
Art. 821 CIVIL CODE OF THE PHILIPPINES
128
CIVIL CODE OF THE PHILIPPINES Art. 822
COMMENT:
Effect of Subsequent Incapacity
(a) Observe that subsequent incapacity is immaterial. Of
course, if the witness is incapacitated to testify at the time
of probate, he cannot testify as a witness. This does not
mean, however, that the validity of the will is impaired
by such fact.
(b) Note also that capacity as a witness to a will is different
from capacity as a witness in court. To be a witness in
court, it is sufficient that a person be “possessed of organs
of perception, and perceiving can make known what he
has perceived.” Hence, a 15-year-old person, for example,
may be a witness in court.
129
Art. 823 CIVIL CODE OF THE PHILIPPINES
COMMENT:
130
CIVIL CODE OF THE PHILIPPINES Arts. 824-825
COMMENT:
Creditors as Witnesses
(a) The charge referred to here is a debt of the estate or of
the testator.
(b) While a creditor who acts as a witness is disqualified to
inherit, he is qualified to receive his credit, which after
all cannot be considered a gift.
131