FACTS:

Calibia Lingdan Bulanglang executed a Last Will and Codicil in 1972 and 1973, respectively. The documents contained the thumbmarks of the decedent and were signed by three attesting witnesses each. The executor named in the will filed a Petition for its allowance before the RTC of Bontoc. Relatives of the decedent opposed the petition on various grounds, such as unfamiliarity with the dialect used, mental incapacity of the decedent, procurement of thumbmarks through fraud and undue influence, and non-compliance with the law in the execution of the codicil. The trial court approved the will and its codicil, while the Court of Appeals reversed the decision. The Court of Appeals found that the signatures in the will and codicil were not made in the presence of each other because of discrepancies in the color of ink used. The petitioner, as the substituted executor, appealed the decision of the Court of Appeals, arguing that it was based on speculation and disregarded the testimonies of the witnesses.

ISSUES:

1. Whether or not the Last Will and Codicil were subscribed by the witnesses in the presence of the testator and of one another, in accordance with the requirements of Article 805 of the Civil Code.

RULING:

1. The Supreme Court upheld the ruling of the Court of Appeals and disallowed the probate of the Last Will and Codicil. The Court agreed with the Court of Appeals' conclusion that the documents were not signed by the testator and instrumental witnesses in each other's presence, based on the discrepancies in the color of ink used for their signatures. The Court found that the admissions of the instrumental witnesses themselves during cross-examination revealed that they did not all sign the documents in the presence of each other, as they used different ball pens with different colors of ink. The Court also noted that the signatures appeared to be of different broadness, indicating the use of different ball pens. Therefore, the Court ruled that the documents did not meet the requirements of Article 805 of the Civil Code.

PRINCIPLES:

• The requirements under Article 805 of the Civil Code should be strictly followed in order to ensure the authenticity and validity of a last will and testament.

• Discrepancies in the color of ink used for signatures in a last will and testament can be evidence that the document was not signed in the presence of the testator and the witnesses.

• Admissions of the instrumental witnesses themselves during cross-examination can be used as evidence in determining whether the requirements of Article 805 have been complied with.

• The authenticity and validity of a last will and testament can be challenged by opposing parties on the grounds of language comprehension, mental capacity, fraud, undue influence, and non-compliance with formalities.