8/11/2019 Disallowance of Wills - Abada v. Abaja

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TESTATE ESTATE OF THE LATE ALIPIO ABADA v. ALIPIO

ABAJA

G.R. NO. 147145 : January 31, 2 5

!ARPIO, J. :

Fa"#$ %& #'( !a$(:

Abada died sometime in May 1940. Abada allegedly named as his

testamentary heirs his natural children Eulogio Abaja and Rosario Cordova.

Alipio is the son o Eulogio. !he oppositors are the nephe"s# nieces and

grandchildren o Abada and !oray. !hey opposed the petition on the ground

that Abada le t no "ill "hen he died in 1940. !hey urther alleged that the

"ill# i Abada really e$ecuted it# should be disallo"ed or the ollo"ing

reasons% &1' it "as not e$ecuted and attested as re(uired by la") &*' it "as

not intended as the last "ill o the testator) and &+' it "as procured by undue

and improper pressure and in luence on the part o the bene iciaries. ,n an

-rder dated 14 August 19 1# the R!C/ aban alan admitted to probate the"ill o !oray. 2ince the oppositors did not ile any motion or

reconsideration# the order allo"ing the probate o !oray3s "ill became inal

and e$ecutory. ot satis ied "ith the Resolution# Caponong/ oble iled a

notice o appeal.

I$$u($ %& #'( !a$(:

5hether the "ill should be disallo"ed or not complying "ith the

ormalities re(uired by la".

Ru)*n+ %& #'( !%ur#:

!he "ill should be allo"ed or having complied "ith the ormalities

re(uired by la". -ppositor asserts that the "ill o Abada does not indicate

that it is "ritten in a language or dialect no"n to the testator. 6urther# she

maintains that the "ill is not ac no"ledged be ore a notary public. 2he

points out that no"here in the "ill can one discern that Abada ne" the

2panish language. 2he alleges that such de ect is atal and must result in the

8/11/2019 Disallowance of Wills - Abada v. Abaja

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*$a))%-an"( %& #'( -*)) . -n this issue# the Court o Appeals held that the

matter "as not raised in the motion to dismiss# and that it is no" too late to

raise the issue on appeal. 5e agree that the doctrine o estoppel does not

apply in probate proceedings. ,n addition# the language used in the "ill is

part o the re(uisites under 2ection 71 o the Code o Civil 8rocedure and

the Court deems it proper to pass upon this issue. evertheless# the

contention must still ail. !here is no statutory re(uirement to state in the

"ill itsel that the testator ne" the language or dialect used in the "ill. !his

is a matter that a party may establish by proo aliunde . -ppositor urther

argues that Alipio# in his testimony# has ailed# among others# to sho" that

Abada ne" or understood the contents o the "ill and the 2panish language

used in the "ill. o"ever# Alipio testi ied that Abada used to gather

2panish/spea ing people in their place. ,n these gatherings# Abada and his

companions "ould tal in the 2panish language. !his su iciently proves that

Abada spea s the 2panish language.