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- The petitioner challenged the mental capacity of the testator, Josefina C. Valmonte, claiming he was already 84 years old and no longer of sound mind when he executed his last will and testament.
- Philippine law states that to have testamentary capacity, the testator must know the nature of the estate being disposed of, the proper objects of their bounty, and the character of the testamentary act.
- Applying this test, the court found that despite his advanced age, the testator was still able to accurately identify his property, his shares in them, their locations, and his wife as the sole beneficiary. Therefore, he possessed testamentary capacity.
- The petitioner challenged the mental capacity of the testator, Josefina C. Valmonte, claiming he was already 84 years old and no longer of sound mind when he executed his last will and testament.
- Philippine law states that to have testamentary capacity, the testator must know the nature of the estate being disposed of, the proper objects of their bounty, and the character of the testamentary act.
- Applying this test, the court found that despite his advanced age, the testator was still able to accurately identify his property, his shares in them, their locations, and his wife as the sole beneficiary. Therefore, he possessed testamentary capacity.
- The petitioner challenged the mental capacity of the testator, Josefina C. Valmonte, claiming he was already 84 years old and no longer of sound mind when he executed his last will and testament.
- Philippine law states that to have testamentary capacity, the testator must know the nature of the estate being disposed of, the proper objects of their bounty, and the character of the testamentary act.
- Applying this test, the court found that despite his advanced age, the testator was still able to accurately identify his property, his shares in them, their locations, and his wife as the sole beneficiary. Therefore, he possessed testamentary capacity.
LETICIA VALMONTE ORTEGA, petitioner vs JOSEFINA C. VALMONTE, respondent G.R. No. 157451, December 1, !""5 FACTS# Two years ater t!e arri"a# o $#acido rom t!e %nited &tates and at t!e a'e o (0 !e wed )ose*na +a#monte w!o was t!en 2( years o#d. ,-t in a #itt#e more t!an two years o wedded b#iss, $#acido died on .ctober (, 1/(4. ,eore deat! !owe"er, $#acido e0ec-ted a notaria# #ast wi## and testament, 'rantin' -nto said )ose*na certain properties, written in 1n'#is! and consistin' o two 223 pa'es, and dated )-ne 15, 1/(4 b-t ac5now#ed'ed on#y on 6-'-st /, 1/(4. T!e oppositor 7eticia attac5ed t!e menta# capacity o t!e testator, dec#arin' t!at at t!e time o t!e e0ec-tion o t!e notaria# wi## t!e testator was a#ready (4 years o#d and was no #on'er o so-nd mind. &!e 5new w!ereo s!e spo5e beca-se in 1/(4 $#acido #i"ed in t!e 8a5ati residence and as5ed 7eticia9s ami#y to #i"e wit! !im and t!ey too5 care o !im. D-rin' t!at time, t!e testator9s p!ysica# and menta# condition s!owed deterioration, aberrations and seni#ity. T!is was corroborated by !er da-'!ter 8ary )ane .rte'a or w!om $#acido too5 a ancy and wanted to marry. ISS$E# :!et!er or not $#acido +a#monte !as testamentary capacity at t!e time !e a##e'ed#y e0ec-ted t!e s-b;ect wi##. %ELD# T!e co-rt r-#ed t!at in determinin' t!e capacity o t!e testator to ma5e a wi##, t!e Ci"i# Code 'i"es t!e o##owin' '-ide#ines< =6rtic#e 7/(. >n order to ma5e a wi## it is essentia# t!at t!e testator be o so-nd mind at t!e time o its e0ec-tion. =6rtic#e 7//. To be o so-nd mind, it is not necessary t!at t!e testator be in -## possession o a## !is reasonin' ac-#ties, or t!at !is mind be w!o##y -nbro5en, -nimpaired, or s!attered by disease, in;-ry or ot!er ca-se. =>t s!a## be s-?cient i t!e testator was ab#e at t!e time o ma5in' t!e wi## to 5now t!e nat-re o t!e estate to be disposed o, t!e proper ob;ects o !is bo-nty, and t!e c!aracter o t!e testamentary act. =6rtic#e (00. T!e #aw pres-mes t!at e"ery person is o so-nd mind, in t!e absence o proo to t!e contrary. =T!e b-rden o proo t!at t!e testator was not o so-nd mind at t!e time o ma5in' !is dispositions is on t!e person w!o opposes t!e probate o t!e wi##@ b-t i t!e testator, one mont!, or #ess, beore ma5in' !is wi## was p-b#ic#y 5nown to be insane, t!e person w!o maintains t!e "a#idity o t!e wi## m-st pro"e t!at t!e testator made it d-rin' a #-cid inter"a#.A 6ccordin' to 6rtic#e 7//, t!e t!ree t!in's t!at t!e testator m-st !a"e t!e abi#ity to 5now to be considered o so-nd mind are as o##ows< 213 t!e nat-re o t!e estate to be disposed o, 223 t!e proper ob;ects o t!e testator9s bo-nty, and 243 t!e c!aracter o t!e $a'e 1 o ! G.R. No. 157451 Testamentary Capacity December 16, 2005 testamentary act. 6pp#yin' t!is test to t!e present case, we *nd t!at t!e appe##ate co-rt was correct in !o#din' t!at $#acido !ad testamentary capacity at t!e time o t!e e0ec-tion o !is wi##. >t m-st be noted t!at despite !is ad"anced a'e, !e was sti## ab#e to identiy acc-rate#y t!e 5inds o property !e owned, t!e e0tent o !is s!ares in t!em and e"en t!eir #ocations. 6s re'ards t!e proper ob;ects o !is bo-nty, it was s-?cient t!at !e identi*ed !is wie as so#e bene*ciary. 6s we !a"e stated ear#ier, t!e omission o some re#ati"es rom t!e wi## did not aBect its orma# "a#idity. T!ere bein' no s!owin' o ra-d in its e0ec-tion, intent in its disposition becomes irre#e"ant. $a'e ! o !