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19, 1981),
G.R. No. 174489 April 11, 2012 Paciencia left for USA. There, she resided with Lorenzo
Del Castillo, J.: and his family until her death on Jan. 4, 1996. In the
Rule 75 interim, the Will remained in the custody of Judge Limpin.
Digested by Romeo Lanzarrote More than 4 years after the death of Paciencia or on Apr.
Petitioner: Antonio Baltazar 27, 2000, Lorenzo filed a petition with the RTC of Guagua,
Respondent: Lorenzo Laxa Pampanga for the probate of the Will of Paciencia and for
the issuance of Letters of Administration in his favor.
DOCTRINE:
Rule 75 states that the one who possesses the will must On Jun 23, 2000 one of petitioners, Antonio Baltazar filed
produce the same for the allowance of the will. And the will an opposition to Lorenzo’s petition. Antonio averred that
shall be probated, its extrinsic validity tested before it is the properties subject of Paciencia’s Will belong to
allowed probate. Only upon such that the will may pass Nicomeda Mangalindan, his predecessor-in-interest;
property. hence, Paciencia had no right to bequeath them to
Lorenzo. Also, one of the petitioners, Rosie Mateo testified
FACTS: Paciencia was a 78 y/o spinster when she made that Paciencia is in the state of being “mangulyan” or
her last will and testament in the Pampango dialect on forgetful making her unfit for executing a will and that the
Sept. 13, 1981. The will, executed in the house of retired execution of the will had been procured by undue and
Judge Limpin, was read to Paciencia twice. After which, improper pressure and influence.
Paciencia expressed in the presence of the instrumental
witnesses that the document is her last will and testament. Petitioners also opposed the issuance of the Letters of
She thereafter affixed her signature at the end of the said Administration in Lorenzo’s favor arguing that Lorenzo was
document on page 3 and then on the left margin of pages disqualified to be appointed as such, he being a citizen and
1, 2 and 4 thereof. resident of the USA. Petitioners prayed that Letters of
Administration be instead issued in favor of Antonio.
Childless and without any brothers or sisters, Paciencia
bequeathed all her properties to respondent Lorenzo Laxa RTC denies the petition for probate of the will and
and his wife Corazon Laza and their children Luna and concluded that when Paciencia signed the will, she was no
Katherine. Lorenzo is Paciencia’s nephew whom she longer possessed of the sufficient reason or strength of
treated as her own son. Conversely, Lorenzo came to mind to have the testamentary capacity. On appeal, CA
know and treated Paciencia as his own mother. reversed the decision of the RTC and granted the probate
of the will. The petitioner went up to SC for a petition for
review on Certiorari.
ISSUE: Whether the authenticity and due execution of the
will was sufficiently established to warrant its allowance for
probate.