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Lopez Vs Liboro

The document summarizes a Supreme Court case from 1978 regarding the last will and testament of Don Sixto Lopez. The only objection raised on appeal was the lack of page numbers on the first sheet of the will. The Supreme Court ruled that this did not invalidate the will. Another issue was the testator placing his thumbprint instead of a signature, but the Court still upheld the will. Lastly, while the will was in Spanish and did not specify the testator's knowledge of the language, the Court found this immaterial as there is a presumption that a testator knows the language of their will.

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96 views1 page

Lopez Vs Liboro

The document summarizes a Supreme Court case from 1978 regarding the last will and testament of Don Sixto Lopez. The only objection raised on appeal was the lack of page numbers on the first sheet of the will. The Supreme Court ruled that this did not invalidate the will. Another issue was the testator placing his thumbprint instead of a signature, but the Court still upheld the will. Lastly, while the will was in Spanish and did not specify the testator's knowledge of the language, the Court found this immaterial as there is a presumption that a testator knows the language of their will.

Uploaded by

emerson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Facts : TESTACY OF SIXTO LOPEZ, JOSE LOPEZ VS. LIBORO(GR No. L-1787; Aug.

27, 1978)FACTS: The will


subject of the controversy is the last will and testament of Don Sixto Lopezwho died at the age of 83 in
Balayan, Batangas on March 3, 1947. Only one of the objectionsraised in the lower court was raised on
appeal: that the said will (Exhibit A) was not executedin accordance with requirements under the law.
The fatal defect pertained to by theoppositor is the absence of a page in the first sheet, either in letters
or in Arabic numerals. In the case of Abangan, the purpose of the law in prescribing the paging of wills is
to guardagainst fraud, and to afford means of preventing the substitution or of detecting the loss of any
ofits pages. Another, the Supreme Court dwelled on the issue also of putting his thumbmark by
thetestator instead of a signature. Lastly, Supreme Court raised that appellant impugns the willbecause
of its silence on the testator’s understanding of the language used in the testament whichis Spanish.

Issues: WON the testator’s knowledge of the Spanish language used in the will is material.

Ruling: No. The knowledge of Spanish language of the testator is immaterial according tothe Supreme
Court. There is no statutory requirement that such knowledge beexpressly stated in the will itself.
Citing Gonzales vs. Laurel (46 Phil 781), there is apresumption that the testator knew the language.

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