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    E. Debuque For Petitioner-Appellant. E. L. Segovia For Oppositors-Appellees

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    Jordine Umayam
    This case concerns an appeal of a lower court's decision denying the probate of the will of Gregorio Gatchalian. The lower court found that while the will was authentic, it did not comply with the legal requirement that the will must be acknowledged by the testator and witnesses before a notary public. Specifically, the will in question was acknowledged by the testator before a notary public but not by the witnesses. On appeal, the Supreme Court affirmed the lower court's decision, noting that acknowledgement by both the testator and witnesses before a notary public is required for a will to be valid under Article 806 of the Civil Code.

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    E. Debuque For Petitioner-Appellant. E. L. Segovia For Oppositors-Appellees

    Uploaded by

    Jordine Umayam
    35 views1 page
    This case concerns an appeal of a lower court's decision denying the probate of the will of Gregorio Gatchalian. The lower court found that while the will was authentic, it did not comply with the legal requirement that the will must be acknowledged by the testator and witnesses before a notary public. Specifically, the will in question was acknowledged by the testator before a notary public but not by the witnesses. On appeal, the Supreme Court affirmed the lower court's decision, noting that acknowledgement by both the testator and witnesses before a notary public is required for a will to be valid under Article 806 of the Civil Code.

    Original Title

    6.-Garcia-v.-Gatchalian-21-SCRA-1056-1967

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    This case concerns an appeal of a lower court's decision denying the probate of the will of Gregorio Gatchalian. The lower court found that while the will was authentic, it did not comply with the legal requirement that the will must be acknowledged by the testator and witnesses before a notary public. Specifically, the will in question was acknowledged by the testator before a notary public but not by the witnesses. On appeal, the Supreme Court affirmed the lower court's decision, noting that acknowledgement by both the testator and witnesses before a notary public is required for a will to be valid under Article 806 of the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    E. Debuque For Petitioner-Appellant. E. L. Segovia For Oppositors-Appellees

    Uploaded by

    Jordine Umayam
    This case concerns an appeal of a lower court's decision denying the probate of the will of Gregorio Gatchalian. The lower court found that while the will was authentic, it did not comply with the legal requirement that the will must be acknowledged by the testator and witnesses before a notary public. Specifically, the will in question was acknowledged by the testator before a notary public but not by the witnesses. On appeal, the Supreme Court affirmed the lower court's decision, noting that acknowledgement by both the testator and witnesses before a notary public is required for a will to be valid under Article 806 of the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-20357      November 25, 1967

    IN THE MATTER OF THE PETITION FOR THE ALLOWANCE OF THE WILL OF GREGORIO GATCHALIAN, deceased. PEDRO
    REYES GARCIA, petitioner-appellant,
    vs.
    FELIPE GATCHALIAN, AURORA G. CAMINS, ANGELES G. COSCA, FEDERICO G. TUBOG, VIRGINIA G. TALANAY and
    ANGELES G. TALANAY, oppositors-appellees.

    E. Debuque for petitioner-appellant.


    E. L. Segovia for oppositors-appellees.

    DIZON, J.:

    This is an appeal taken by Pedro Reyes Garcia from the decision of the Court of First Instance of Rizal in Special Proceedings No. 2623 denying
    the allowance of the will of the late Gregorio Gatchalian, on the ground that the attesting witnesses did not acknowledge it before a notary
    public, as required by law.

    On March 15, 1967, Gregorio Gatchalian, a widower of 71 years of age, died in the municipality of Pasig, Province of Rizal, leaving no forced
    heirs. On April 2 of the same year, appellant filed a petition with the above named court for the probate of said alleged will (Exhibit "C")
    wherein he was instituted as sole heir. Felipe Gatchalian, Aurora G. Camins, Angeles G. Cosca, Federico G. Tubog, Virginia G. Talanay and
    Angeles G. Talanay, appellees herein, opposed the petition on the ground, among others, that the will was procured by fraud; that the deceased
    did not intend the instrument signed by him to be as his will; and that the deceased was physically and mentally incapable of making a will at
    the time of the alleged execution of said will.

    After due trial, the court rendered the appealed decision finding the document Exhibit "C" to be the authentic last will of the deceased but
    disallowing it for failure to comply with the mandatory requirement of Article 806 of the New Civil Code — that the will must be acknowledged
    before a notary public by the testator and the witnesses.

    An examination of the document (Exhibit "C") shows that the same was acknowledged before a notary public by the testator but not by the
    instrumental witnesses.

    Article 806 of the New Civil Code reads as follows:

    Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a
    copy of the will, or file another with the office of the Clerk of Court.

    We have held heretofore that compliance with the requirement contained in the above legal provision to the effect that a will must be
    acknowledged before a notary public by the testator and also by the witnesses is indispensable for its validity (In re: Testate Estate of Alberto,
    G. R. No. L-11948, April 29, 1959). As the document under consideration does not comply with this requirement, it is obvious that the same
    may not be probated.

    WHEREFORE, the decision appealed from is affirmed, with costs.

    Makalintal, Bengzon, J.P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
    Concepcion, C.J., and Reyes, J.B.L., J., took no part.

    Page 1

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