FACTS:

Felisa Tamio de Buenaventura, mother of petitioner Bella A. Guerrero and respondent Resurreccion A. Bihis, died on February 19, 1994. Petitioner filed a petition for the probate of the decedent's last will and testament in the Regional Trial Court (RTC) of Quezon City. The petition stated that petitioner was named as the executrix in the decedent's will and that she was qualified to act as such. It also alleged that the decedent was a Philippine citizen at the time of her death and that she was of sound mind and capable of disposing of her estate through a will.

Respondent opposed petitioner's petition, claiming that the will did not comply with the laws on execution and attestation. Respondent argued that the attestation clause and acknowledgment did not meet the requirements of the law and that the testatrix's signature was obtained through fraud, undue influence, and pressure by petitioner and her children.

The trial court appointed petitioner as the special administratrix of the decedent's estate. After petitioner presented her evidence, respondent filed a demurrer claiming that the decedent's will did not comply with Articles 804 and 805 of the Civil Code.

The trial court denied the probate of the will in a resolution, stating that the notary public who acknowledged the will acted outside of his territorial jurisdiction. The court ruled that this failure to comply with the requirements of Article 806 of the Civil Code rendered the will invalid. The court proceeded with intestate succession according to Article 960 of the Civil Code.

Petitioner appealed the decision to the Court of Appeals, which affirmed the trial court's resolution. Petitioner then filed a petition before the Supreme Court arguing that the notary public's acting outside his jurisdiction did not affect the validity of the notarial will.

ISSUES:

1. Did the will acknowledged before a notary public acting outside his territorial jurisdiction satisfy the requirement under Article 806 of the Civil Code?

RULING:

1. No. The will acknowledged before a notary public acting outside his territorial jurisdiction did not satisfy the requirement under Article 806 of the Civil Code.

PRINCIPLES:

• Article 806 of the Civil Code provides that every will must be acknowledged before a notary public by the testator and the witnesses. (Philippine jurisprudence)