FELIX AZUELA vs.

COURT OF APPEALS
G.R. No. 122880: April 12, 2006
TINGA, J
Fa!" o# !$% Ca"%:
The case involves a highly defective notarial will, purportedly
executed by Eugenia E. Igsolo (decedent), who died on 16 ece!ber 1"#$
at the age of #%. &etitioner is the son of the cousin of the decedent. The will
consists of two ($) pages and is written in the vernacular &ilipino. The three
na!ed witnesses to the will affixed their signatures on the left'hand !argin
of both pages of the will, but not at the botto! of the attestation clause. The
probate petition adverted to only two ($) heirs, legatees and devisees of the
decedent, na!ely( petitioner hi!self, and one Irene )ynn Igsolo.
The petition was opposed by *eralda +ida ,astillo who represented
herself as the attorney'in'fact of -the 1$ legiti!ate heirs- of the decedent.
*eralda ,astillo clai!ed that the will is a forgery and not executed and
attested to in accordance with law.
I""&% o# !$% Ca"%:
.hether the will should be disallowed due to its defects.
R&li'( o# !$% Co&r!:
The will should be disallowed. /n exa!ination of the will itself
reveals a couple of even !ore critical defects that should necessarily lead to
its re0ection. 1or one, the attestation clause was not signed by the
instru!ental witnesses. + notarial will that is not ac2nowledged before a
notary public by the testator and the witnesses is fatally defective, even if it
is subscribed and sworn to before a notary public. +ll told, the string of
!ortal defects which the will in 3uestion suffers fro! !a2es the probate
denial inexorable.