G.R. No. 174144, 17 April 2007, 521 SCRA 39
Felisa Buenaventura, mother of petitioner Bella Guerrero and respondent Resurreccion Bihis, died. Guerrero filed for probate in the RTC QC. Bihis opposed her elder sister’s petition on the following grounds: the will was not executed and attested as required by law; its attestation clause and acknowledgment did not comply with the requirements of the law; the signature of the testatrix was procured by fraud and petitioner and her children procured the will through undue and improper pressure and influence. The trial court denied the probate of the will ruling that Article 806 of the Civil Code was not complied with because the will was “acknowledged” by the testatrix and the witnesses at the testatrix’s residence at No. 40 Kanlaon Street, Quezon City before Atty. Macario O. Directo who was a commissioned notary public for and in Caloocan City.
Did the will “acknowledged” by the testatrix and the instrumental witnesses before a notary public acting outside the place of his commission satisfy the requirement under Article 806 of the Civil Code?
No. One of the formalities required by law in connection with the execution of a notarial will is that it must be acknowledged before a notary public by the testator and the witnesses. This formal requirement is one of the indispensable requisites for the validity of a will. In other words, a notarial will that is not acknowledged before a notary public by the testator and the instrumental witnesses is void and cannot be accepted for probate.
The Notarial law provides: SECTION 240.Territorial jurisdiction. — The jurisdiction of a notary public in a province shall be co-extensive with the province. The jurisdiction of a notary public in the City of Manila shall be co-extensive with said city. No notary shall possess authority to do any notarial act beyond the limits of his jurisdiction.
Since Atty. Directo was not a commissioned notary public for and in Quezon City, he lacked the authority to take the acknowledgment of the testratix and the instrumental witnesses. In the same vain, the testratix and the instrumental witnesses could not have validly acknowledged the will before him. Thus, Felisa Tamio de Buenaventura’s last will and testament was, in effect, not acknowledged as required by law.
*Case digest by Margaret R. Manjaal, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019