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Santiago Galvez vs. Canuta Galvez G.R. No. L-6650, December 5, 1913 Torres, J

Victor Galvez executed two wills on August 12, 1910. His daughter contested the second will's validity, claiming her father lacked capacity due to serious cholera sickness. However, the will's witnesses testified that Galvez affirmed the will's contents and appeared of sound mind. The court upheld the second will, finding the witnesses' testimony and the will's correction of an earlier error showed Galvez understood his actions and was competent to execute the will.

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143 views2 pages

Santiago Galvez vs. Canuta Galvez G.R. No. L-6650, December 5, 1913 Torres, J

Victor Galvez executed two wills on August 12, 1910. His daughter contested the second will's validity, claiming her father lacked capacity due to serious cholera sickness. However, the will's witnesses testified that Galvez affirmed the will's contents and appeared of sound mind. The court upheld the second will, finding the witnesses' testimony and the will's correction of an earlier error showed Galvez understood his actions and was competent to execute the will.

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CAJ
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  • Facts
  • Ruling

SANTIAGO GALVEZ

vs.
CANUTA GALVEZ
G.R. No. L-6650, December 5, 1913
TORRES, J.

Facts:
This case deals with the probate of the second will executed by
Victor Galvez on August 12, 1910, and signed in his presence by the
witness Juan Dimanlig, Nazaria Galvez and J. Leoquinco, and, as the
testator was no longer able to sign on account of his sickness,
Lorenzo Galvez, at his request, affixed his own signature to the
instrument, for him and below his written name. This will, written in
Tagalog and translated into Spanish.

The other will, written in Tagalog was presented during the


proceedings; it was the first one the testator executed on the same
date, and, for the purpose of correcting an error contained in this
first will, he executed another will, the second, which is the one
exhibited for probate.

The testator's daughter, Canuta Galvez, alleged that her father,


owing to his very serious sickness with cholera, lacked the intellectual
capacity and clear judgment requisite for making a will. The
subscribing witnesses to the will affirmed under oath that they were
present when Victor Galvez, then sick in his house, stated to them
that the document read before them by Lorenzo Galvez contained his
last will and testament, and that, as the testator was no longer able
to sign, he charged his nephew Lorenzo to do so in his stead, which
he latter did by affixing his own signature to the document, after
having written at the foot of the same the name and surname of the
testator, Victor Galvez, who as these witnesses observed, was of
sound mind and in the full enjoyment of his mental faculties; he
talked intelligently and with perfect knowledge of what was taking
place. They further testified that they all, including the said Lorenzo
Galvez, signed the will in the presence of the testator, Victor Galvez,
who was at the time lying on his bed.

Issue:
Whether or not the testator, Victor Galvez, on account of
serious sickness, was of sound mind and have full knowledge of his
acts at the time he executed his will.
Ruling:
The Court ruled in the affirmative because it is necessary that
the proceedings disclose conclusive proof of his mental incapacity
and of his evident lack of reason and judgment at the time he
executed his will in the presence of the witnesses whose signatures
appear at the foot thereof. Since the witnesses positively affirmed
that Victor Galvez, on executing his will showed that he was in full
possession of his intellectual faculties and was perfectly cognizant of
his acts, he was then of sound mind.

Besides the attestation of the aforesaid subscribing witnesses,


the contents of the will and the testator's positive determination to
rectify the error he incurred in the execution of his first will, show
that Victor Galvez was in his sound mind and was perfectly aware of
his duties in respect to the legal, inviolable rights of his daughter and
sole heir, Canuta Galvez.

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