Civil Law,  Legally Yours

Yap Tua v. Yap Ca Kuan


G.R. No. 6845 September 1, 1914


Perfecto Gabriel, representing the petitioner, Yap Tua, presented a petition in the Court of First Instance of the city of Manila, asking that the will of Tomasa Elizaga Yap Caong be admitted to probate. Accompanying said petition and attached thereto was the alleged will of the deceased. The will was signed by the deceased, as well as Anselmo Zacarias, Severo Tabora, and Timoteo Paez.

Gabriel La O, as guardian ad litem of Yap Ca Kuan and Yap Ca Llu, appeared in court and presented a motion in which he alleged that the will which was admitted to probate by order of the court was null, for the following reasons:
(a) Because the same had not been authorized nor signed by the witnesses as the law prescribes.
(b) Because at the time of the execution of the will, the said Tomasa Elizaga Yap Caong was not then mentally capacitated to execute the same, due to her sickness.
(c) Because her signature to the will had been obtained through fraud and illegal influence upon the part of persons who were to receive a benefit from the same, and because the said Tomasa Elizaga Yap Caong had no intention of executing the same.

Allegedly, Tomasa was in another room different from that in which the will was written and the will was not written in the presence of Tomasa.


Whether or not the requirement of having the will signed by the testator in the presence of the witnesses was met


Yes. A plan of the room or rooms in which the will was signed was presented as proof and it was shown that there was but one room; that one part of the room was one or two steps below the floor of the other; that the table on which the witnesses signed the will was located upon the lower floor of the room. It was also shown that from the bed in which Tomasa was lying, it was possible for her to see the table on which the witnesses signed the will. While the rule is absolute that one who makes a will must sign the same in the presence of the witnesses and that the witnesses must sign in the presence of each other, as well as in the presence of the one making the will, yet, nevertheless, the actual seeing of the signatures made is not necessary. It is sufficient if the signatures are made where it is possible for each of the necessary parties if they desire to see, may see the signatures placed upon the will.

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