Jaboneta vs. Gustilo,
GR No. 1641, January 19, 1906
Facts:
Macario
Jaboneta ordered that the document in question be written, and calling Julio
Javellana, Aniceto Jalbuena, and Isabelo Jena as witnesses, executed the said
document as his will. They were all together, and were in the room where
Jaboneta was, and were present when he signed the document, Isabelo Jena
signing afterwards as a witness, at his request, and in his presence and in the
presence of the other two witnesses. Aniceto Jalbuena then signed as a witness
in the presence of the testator, and in the presence of the other two persons
who signed as witnesses. At that moment Isabelo Jena, being in a hurry to
leave, took his hat and left the room. As he was leaving the house Julio
Javellana took the pen in his hand and put himself in position to sign the will
as a witness, but did not sign in the presence of Isabelo Jena; but
nevertheless, after Jena had left the room the said Julio Javellana signed as a
witness in the presence of the testator and of the witness Aniceto Jalbuena.
The
probate court denied the last will and testament of Macario Jaboneta, deceased,
because the lower court was of the opinion from the evidence adduced at the
hearing that Julio Javellana, one of the witnesses, did not attach his
signature thereto in the presence of Isabelo Jena, another of the witnesses, as
required by the law.
Issue:
Whether or not signature of
Javellana is in compliance with the law even the other witness also saw the
latter in the act of signing not the actual signing as instrumental witness of
the will.
Held:
YES. SC cannot agree with so much of the above finding of
facts as holds that the signature of Javellana was not signed in the presence
of Jena, in compliance with the provisions of the law. 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, had assembled for
the purpose of executing 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.
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