Case Digest: Icasiano v. Icasiano (11 SCRA 422)
Icasiano v. Icasiano 11 SCRA 422 FACTS: Celso Icasiano filed a petition for the allowance and admission to probate of the alleged will of Josefa Villacorte, and for his appointment as executor thereof. Natividad and Enrique Icasiano, a daughter and son of the testatrix, filed their opposition thereto. During the course of the trial, on […]
Case Digest: Nera v. Rimando (18 P 450)
Nera v. Rimando 18 P 450 FACTS: The only question raised by the evidence in this case as to the due execution of the instrument propounded as a will in the court below, is whether one of the subscribing witnesses was present in the small room where it was executed at the time when the […]
Case Digest: Barut v. Cabacungan (21 P 461)
Barut v. Cabacungan 21 P 461 FACTS: Barut applied for the probate of the will of deceased, Maria Salomon. The testatrix stated in the will that being unable to read or write, the will was read to her by Ciriaco Concepcion and Timotea Inoselda and that she had instructed Severo Agayan to sign her name […]
Case Digest: Garcia v. Lacuesta (90 P 489)
Garcia v. Lacuesta 90 P 489 FACTS: This case involves the will of Antero Mercado, which among other defects was signed by the testator through a cross mark (an “X”). The will was signed by Atty. Javier who wrote the name of Mercado as testator and the latter allegedly wrote a cross mark after his […]
Case Digest: Matias v. Salud (L-10751, 23 June 1958)
Matias v. Salud L-10751, 23 June 1958 FACTS: The CFI denied probate of the will of Gabina Raquel. It must be noted that Gabina Raquel was suffering from herpes zoster that afflicted the right arm and shoulder of the testatrix, which made writing difficult and a painful act. Thus, upon the insistence of the attorney, […]
Case Digest: Noble v. Abaja (450 SCRA 265)
Noble v. Abaja 450 SCRA 265 FACTS: The case is about the probate of the will of Alipio Abada (Not respondent Abaja). Petitioner Belinda Noble is the administratrix of the estate of Abada. Respondent Alipio Abaja filed a petition for the probate of Abada’s will. Petitioner Noble moved for dismissal of the petition for probate. […]
Case Digest: Suroza v. Honrado(110 SCRA 388 )
Suroza v. Honrado 110 SCRA 388 FACTS: Spouses Mauro Suroza and Marcelina Salvador, who were childless, reared a boy named Agapito. Agapito and his wife Nenita de Vera had a daughter named Lilia. Nenita became Agapito’s guardian when he became disabled. A certain Arsenia de la Cruz also wanted to be his guardian in another […]
Case Digest: Vitug v. CA (183 SCRA 755)
Vitug v. CA 183 SCRA 755 FACTS: Romarico Vitug and Nenita Alonte were co-administrators of Dolores Vitug’s (deceased) estate. Rowena Corona was the executrix. Romarico, the deceased’s husband, filed a motion with the probate court asking for authority to sell certain shares of stock and real properties belonging to the estate to cover alleged advances […]
Case Digest: Bonilla v. Barcena (71 SCRA 491 )
Borja v. Borja 46 SCRA 577 FACTS: On March 31, 1975 Fortunata Barcena, mother of minors Rosalio Bonilla and Salvacion Bonilla and wife of Ponciano Bonilla, instituted a civil action in the CFI of Abra, to quiet title over certain parcels of land located in Abra. The defendants filed a motion to dismiss the complaint […]
Case Digest: Borja v. Borja (46 SCRA 577)
Borja v. Borja 46 SCRA 577 FACTS: Francisco de Borja filed a petition for probate of the will of his wife who died, Josefa Tangco, with the CFI of Rizal. He was appointed executor and administrator, until he died; his son Jose became the sole administrator. Francisco had taken a 2nd wife Tasiana before he […]
