110 SCRA 388 - Succession - Will Should Be Written in A Language Known To The Testator
110 SCRA 388 - Succession - Will Should Be Written in A Language Known To The Testator
110 SCRA 388 - Succession - Will Should Be Written in A Language Known To The Testator
110 SCRA 388 Succession Will Should be Written in a Language Known to the Testator
In 1973, Marcelina Suroza supposedly executed a notarial will bequeathing her house and
lot to a certain Marilyn Suroza. In 1974, Marcelina died. Marina Paje was named as the
executrix in the said will and she petitioned before CFI Rizal that the will be admitted to
probate. The presiding judge, Honrado admitted the will to probate and assigned Paje as
the administratrix. Honrado also issued an ejectment order against the occupants of the
house and lot subject of the will.
Nenita Suroza, daughter in law of Marcelina (her husband, son of Marcelina was confined in
the Veterans Hospital), learned of the probate proceeding when she received the ejectment
order (as she was residing in said house and lot).
Nenita opposed the probate proceeding. She alleged that the said notarial will is void
because (a) the instituted heir therein Marilyn Suroza is actually Marilyn Sy and she is a
stranger to Marcelina, (b) the only son of Marcelina, Agapito Suroza, is still alive and is the
compulsory heir, (c) the notarial will is written in English a language not known to Marcelina
because the latter was illiterate so much so that she merely thumbmarked the will, (d) the
notary public who notarized will admitted that Marcelina never appeared before him and that
he notarized the said will merely to accommodate the request of a lawyer friend but with the
understanding that Marcelina should later appear before him but that never happened.
Honrado still continued with the probate despite the opposition until testamentary
proceeding closed and the property transferred to Marilyn Sy.
Nenita then filed this administrative case against Honrado on the ground of misconduct.
ISSUE: Whether or not Honrado is guilty of misconduct for admitting into probate a void will.
HELD: Yes. Despite the valid claim raised by Nenita, he still continued with the
testamentary proceeding, this showed his wrongful intent. He may even be criminally liable
for knowingly rendering an unjust judgment or interlocutory order or rendering a manifestly
unjust judgment or interlocutory order by reason of inexcusable negligence or ignorance.
The will is written in English and was thumb marked by an obviously illiterate Marcelina.
This could have readily been perceived by Honrado that that the will is void. In the opening
paragraph of the will, it was stated that English was a language understood and known to
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the testatrix. But in its concluding paragraph, it was stated that the will was read to the
testatrix and translated into Filipino language. That could only mean that the will was
written in a language not known to the illiterate testatrix and, therefore, it is void because of
the mandatory provision of Article 804 of the Civil Code that every will must be executed in
a language or dialect known to the testator. Had Honrado been careful and observant, he
could have noted not only the anomaly as to the language of the will but also that there was
something wrong in instituting to Marilyn Sy as sole heiress and giving nothing at all to
Agapito who was still alive.