G.R. No. L-26808, 28 March 1969, 32 SCRA 489
Gliceria del Rosario executed 2 wills, one in June 1956, written in Spanish, a language she knew and spoke. The other will was executed in December 1960 consisting of only one page, and written in Tagalog. The witnesses to the 1960 will declared that the will was first read ‘silently’ by the testatrix before signing it. The probate court admitted the will.
The oppositors alleged that the eyesight of the testatrix as of December 1960, was so poor and defective that she could not have read the provisions contrary to the testimony of the witnesses.
Whether or not the will is valid
The will is not valid. If the testator is blind, Art. 808 of the New Civil Code (NCC) should apply.If the testator is blind or incapable of reading, he must be apprised of the contents of the will for him to be able to have the opportunity to object if the provisions therein are not in accordance with his wishes.
The testimony of her opthalmologist established that notwithstanding an operation to remove her cataract and being fitted with the lenses, this did not improve her vision. Her vision remained mainly for viewing distant objects and not for reading. There was no evidence that her vision improved at the time of the execution of the 2nd will. Hence, she was incapable of reading her own will. The admission of the will to probate is therefore erroneous.
*Case digest by Margaret R. Manjaal, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019