Samson v. Corrales Tan Quintin
REITERATIONFacts
1. The Antecedents: This case concerns the probate of the alleged last will and testament of the deceased Mariano Corrales Tan. The oppositor-appellant, Vicente Corrales Tan Quintin, believed to be the son of the deceased, contested the will, asserting it was incomplete, fraudulent, did not reflect the testator's true intent, and that the testator was under duress, undue influence, and lacked sound and disposing mind at the time of its execution. 2. Procedural History: The case originated in the Court of First Instance of Manila, which issued an order admitting the document to probate as the last will and testament of Mariano Corrales Tan. The oppositor-appellant, Vicente Corrales Tan Quintin, appealed this order to the Supreme Court. 3. The Petition: The appellant's petition for review raises two main arguments. First, it is contended that the court erred in admitting the will to probate without proof of the publication of the time and place of the hearing, as required by section 630 of the Code of Civil Procedure. Second, the appellant argues that the testimony of Dr. N. M. Saleeby should have been excluded because the transcript was not signed by the witness, contrary to the provisions of section 630 of the Code of Civil Procedure.
Issue(s)
Whether the testator was of sound and disposing mind when the document in question was executed. Whether the court erred in admitting the will to probate without proof of publication of the hearing. Whether the testimony of a witness, not signed by the witness, should have been excluded.
Ruling
The order admitting the will to probate is affirmed. The appeal is dismissed with costs against the appellant.
Ratio Decidendi
On Whether the testator was of sound and disposing mind when the document in question was executed: The Court found that the oppositor failed to prove that the testator acted under duress or undue influence. While the attending physician testified that the deceased was suffering from diabetes and had been in a comatose condition for several days prior to his death, the Court noted that coma has varying degrees and may include lucid intervals. The physician's testimony indicated the deceased "seemed" to be in a state of coma on December 25th and in the "same state of coma" on the forenoon of December 26th, the day the will was executed. The wife of the opponent testified that the deceased could not talk and did not recognize anyone on December 26th. However, five witnesses presented by the petitioner testified that the deceased was conscious, could hear and understand, and was able to indicate his desires. Four of these witnesses stated he could speak distinctly, while one stated he only moved his head. The Court found no reason to discredit the petitioner's witnesses, noting that discrepancies in their accounts were minor and indicated an absence of conspiracy. The Court held that the positive statements of five apparently credible witnesses, whose testimony was not unreasonable, should prevail over mere professional speculation and the testimony of a non-disinterested witness. On Whether the court erred in admitting the will to probate without proof of publication of the hearing: The Court held that this question was not raised in the court below and therefore would not be considered on appeal. On Whether the testimony of a witness, not signed by the witness, should have been excluded: The Court ruled that when testimony is taken by the court stenographer and certified by him, the provision requiring the witness to sign the transcript is merely directory and failure to comply does not render the testimony inadmissible. The Court cited Reese vs. Nolan.
Main Doctrine
The testimony of five apparently credible witnesses who attest to the testator's consciousness and capacity to make a will, despite being in an exceedingly feeble condition and suffering from diabetes, prevails over the testimony of the attending physician and the testator's wife, especially when the physician's testimony regarding the testator's state of coma admits of varying degrees and the possibility of lucid intervals.