Garcia v. Gatchalian 21 SCRA 1056 (1967)

FACTS:

1.      Gregorio Gatchalian, a widower of 71 years of age, died in the municipality of Pasig, Province of Rizal, leaving no forced heirs.

2.      In the same year, appellant filed a petition with the above named court for the probate of said alleged will wherein he was instituted as sole heir.

3.      Felipe Gatchalian, Aurora G. Camins, Angeles G. Cosca, Federico G. Tubog, Virginia G. Talanay and Angeles G. Talanay, appellees herein, opposed the petition on the ground, among others: - that the will was procured by fraud; that the deceased did not intend the instrument signed by him to be as his will; - and that the deceased was physically and mentally incapable of making a will at the time of the alleged execution of said will.

4.      After due trial, the court rendered the appealed decision finding the document to be the authentic last will of the deceased but disallowing it for failure to comply with the mandatory requirement of Article 806 of the New Civil Code that the will must be acknowledged before a notary public by the testator and the witnesses.

ISSUE: Whether or not the will was executed in accordance of Art 806 of the New Civil Code?

HELD: No. Article 806 of the New Civil Code reads as follows: Every will must be acknowledged before a notary public by the testator and witnesses. The notary public shall not be required to retain a copy of the will, or file another with the Office of the Clerk of Court.

We have held heretofore that compliance with the requirement contained in the above legal provision to the effect that a will must be acknowledged before a notary public by the testator and also by the witnesses is indispensable for its validity - As the document under consideration does not comply with this requirement, it is obvious that the same may not be probated.