Baltazar V Laxa
Baltazar V Laxa
Baltazar V Laxa
ABC, 3-D
RELEVANT FACTS
Paciencia was a 78 year old childless spinster when she made her will (Tauli Nung Bilin o Testamento Miss
Paciencia Regala) in the Pampango dialect on September 13, 1981. Respondent Lorenzo is her nephew whom
she raised from birth and treated as her own son, who also treated her as his own mother. Paciencia lived with
his family in Sasmuan, Pampanga until she left for the United States six days after the execution of the will on
September 19, 1981, where she resided with Lorenzo and his family until her death on January 4, 1996.
Petitioner’s arguments:
● Properties subject of Paciencia’s Will belong to Nicomeda Mangalindan, his predecessor-in-interest;
hence, Paciencia had no right to bequeath them to Lorenzo. Also, one of the petitioners, Rosie Mateo
testified that Paciencia is in the state of being “mangulyan” or forgetful making her unfit for executing a
will and that the execution of the will had been procured by undue and improper pressure and
influence.
● The issuance of the Letters of Administration in Lorenzo’s favor arguing that Lorenzo was disqualified to
be appointed as such, he being a citizen and resident of the USA. Petitioners prayed that Letters of
Administration be instead issued in favor of Antonio.
RTC denied the petition for probate of the will and concluded that when Paciencia signed the will, she was no
longer possessed of the sufficient reason or strength of mind to have the testamentary capacity. On appeal, CA
reversed the decision of the RTC and granted the probate of the will. The petitioner went up to SC for a petition
for review on Certiorari.
RULING
WHEREFORE, WHEREFORE, the petition is DENIED. The Decision dated June 15, 2006 and the Resolution
dated August 31, 2006 of the Court of Appeals in CA-G.R. CV No. 80979 are AFFIRMED.
SO ORDERED.