SECOND DIVISION

PAZ SAMANIEGO-CELADA,

Petitioner,

- versus -

G.R. No. 145545

Present:

QUISUMBING, J., Chairperson,

CARPIO MORALES,

TINGA,

VELASCO, JR., and

BRION, JJ.

LUCIA D. ABENA,

Respondent.

Promulgated:

June 30, 2008

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DECISION

QUISUMBING, J.:

This is a petition for review under Rule 45 of the 1997

Rules of Civil Procedure seeking to reverse the Decision[1]

dated October 13, 2000 of the Court of Appeals in CA-G.R. CV

No. 41756, which affirmed the Decision[2] dated March 2,

1993 of the Regional Trial Court (RTC), Branch 66, Makati

City. The RTC had declared the last will and testament of

Margarita S. Mayores probated and designated respondent

issuance of letters testamentary in favor of respondent.

The facts are as follows:

Petitioner Paz Samaniego-Celada was the first cousin of

decedent Margarita S. Mayores (Margarita) while respondent

was the decedents lifelong companion since 1929.

On April 27, 1987, Margarita died single and without any

ascending nor descending heirs as her parents, grandparents

and siblings predeceased her. She was survived by her first

cousins Catalina Samaniego-Bombay, Manuelita Samaniego

Sajonia, Feliza Samaniego, and petitioner.

Before her death, Margarita executed a Last Will and

Testament[3] on February 2, 1987 where she bequeathed

one-half of her undivided share of a real property located at

Singalong Manila, consisting of 209.8 square meters, and

covered by Transfer Certificate of Title (TCT) No. 1343 to

respondent, Norma A. Pahingalo, and Florentino M. Abena in

equal shares or one-third portion each. She likewise

bequeathed one-half of her undivided share of a real

property located at San Antonio Village, Makati, consisting of

225 square meters, and covered by TCT No. 68920 to

respondent, Isabelo M. Abena, and Amanda M. Abena in

equal shares or one-third portion each. Margarita also left all

her personal properties to respondent whom she likewise

designated as sole executor of her will.

On August 11, 1987, petitioner filed a petition for letters

Makati. The case was docketed as SP Proc. No. M-1531.

On October 27, 1987, respondent filed a petition for

probate of the will of Margarita before the RTC of Makati.

The case was docketed as SP Proc. No. M-1607 and

consolidated with SP Proc. No. M-1531.

On March 2, 1993, the RTC rendered a decision declaring

the last will and testament of Margarita probated and

respondent as the executor of the will. The dispositive

portion of the decision states:

In view of the foregoing, judgment is hereby

rendered:

1) declaring the will as probated;

2) declaring Lucia Abena as the executor of the will

who will serve as such without a bond as stated in

paragraph VI of the probated will;

3) ordering the issuance of letters testamentary in

favor of Lucia Abena.

So ordered.[4]

Petitioner appealed the RTC decision to the Court of

Appeals. But the Court of Appeals, in a decision dated

October 13, 2000, affirmed in toto the RTC ruling. The

dispositive portion of the Court of Appeals decision states:

WHEREFORE, foregoing premises considered, the

appeal having no merit in fact and in law, is hereby

ORDERED DISMISSED and the appealed Decision of the

SO ORDERED.[5]

Hence, the instant petition citing the following issues:

I.

WHETHER OR NOT THE COURT OF APPEALS COMMITTED

A REVERSIBLE ERROR IN NOT INVALIDATING THE WILL

SINCE IT DID NOT CONFORM TO THE FORMALITIES

REQUIRED BY LAW;

II.

WHETHER OR NOT THE COURT OF APPEALS

COMMITTED ERROR IN NOT INVALIDATING THE WILL

BECAUSE IT WAS PROCURED THROUGH UNDUE

INFLUENCE AND PRESSURE[;] AND

III.

WHETHER OR NOT THE COURT OF APPEALS GRAVELY

ERRED IN NOT DECLARING PETITIONER, HER SIBLINGS

AND COUSIN AS THE LEGAL HEIRS OF MARGARITA S.

MAYORES AND IN NOT ISSUING LETTERS OF

ADMINISTRATION TO HER.[6]

Briefly stated, the issues are (1) whether the Court of

Appeals erred in not declaring the will invalid for failure to

comply with the formalities required by law, (2) whether

said court erred in not declaring the will invalid because it

was procured through undue influence and pressure, and (3)

whether it erred in not declaring petitioner and her siblings

as the legal heirs of Margarita, and in not issuing letters of

Petitioner, in her Memorandum,[7] argues that

Margaritas will failed to comply with the formalities

required under Article 805[8] of the Civil Code because the

will was not signed by the testator in the presence of the

instrumental witnesses and in the presence of one another.

She also argues that the signatures of the testator on pages A,

B, and C of the will are not the same or similar, indicating

that they were not signed on the same day. She further

argues that the will was procured through undue influence

and pressure because at the time of execution of the will,

Margarita was weak, sickly, jobless and entirely dependent

upon respondent and her nephews for support, and these

alleged handicaps allegedly affected her freedom and

willpower to decide on her own. Petitioner thus concludes

that Margaritas total dependence on respondent and her

nephews compelled her to sign the will. Petitioner likewise

argues that the Court of Appeals should have declared her

and her siblings as the legal heirs of Margarita since they are

her only living collateral relatives in accordance with

Articles 1009[9] and 1010[10] of the Civil Code.

Respondent, for her part, argues in her

Memorandum[11] that the petition for review raises

questions of fact, not of law and as a rule, findings of fact of

the Court of Appeals are final and conclusive and cannot be

reviewed on appeal to the Supreme Court. She also points out

was no compelling reason to review the petition, the Court of

Appeals proceeded to tackle the assigned errors and rule that

the will was validly executed, sustaining the findings of the

trial court that the formalities required by law were duly

complied with. The Court of Appeals also concurred with the

findings of the trial court that the testator, Margarita, was of

sound mind when she executed the will.

After careful consideration of the parties contentions, we

rule in favor of respondent.

We find that the issues raised by petitioner concern pure

questions of fact, which may not be the subject of a petition

for review on certiorari under Rule 45 of the Rules of Civil

Procedure.

The issues that petitioner is raising now i.e., whether or

not the will was signed by the testator in the presence of the

witnesses and of one another, whether or not the signatures

of the witnesses on the pages of the will were signed on the

same day, and whether or not undue influence was exerted

upon the testator which compelled her to sign the will, are all

questions of fact.

This Court does not resolve questions of fact in a petition

for review under Rule 45 of the 1997 Rules of Civil

Procedure. Section 1[12] of Rule 45 limits this Courts review

to questions of law only.

Well-settled is the rule that the Supreme Court is not a

findings of fact of the Court of Appeals are conclusive and

binding on the parties and are not reviewable by this Court,

unless the case falls under any of the following recognized

exceptions:

(1) When the conclusion is a finding grounded entirely on

speculation, surmises and conjectures;

(2) When the inference made is manifestly mistaken,

absurd or impossible;

(3) Where there is a grave abuse of discretion;

(4) When the judgment is based on a misapprehension of

facts;

(5) When the findings of fact are conflicting;

(6) When the Court of Appeals, in making its findings,

went beyond the issues of the case and the same is

contrary to the admissions of both appellant and

appellee;

(7) When the findings are contrary to those of the trial

court;

(8) When the findings of fact are conclusions without

citation of specific evidence on which they are based;

(9) When the facts set forth in the petition as well as in

the petitioners main and reply briefs are not disputed

by the respondents; and

(10) When the findings of fact of the Court of Appeals are

premised on the supposed absence of evidence and

We find that this case does not involve any of the

abovementioned exceptions.

Nonetheless, a review of the findings of the RTC as

upheld by the Court of Appeals, reveal that petitioners

arguments lack basis. The RTC correctly held:

With [regard] to the contention of the oppositors

[Paz Samaniego-Celada, et al.] that the testator [Margarita

Mayores] was not mentally capable of making a will at

the time of the execution thereof, the same is without

merit. The oppositors failed to establish, by

preponderance of evidence, said allegation and

contradict the presumption that the testator was of sound

mind (See Article 800 of the Civil Code). In fact, witness

for the oppositors, Dr. Ramon Lamberte, who, in some

occasions, attended to the testator months before her

death, testified that Margarita Mayores could engage in a

normal conversation and he even stated that the illness

of the testator does not warrant hospitalization. Not one

of the oppositors witnesses has mentioned any instance

that they observed act/s of the testator during her lifetime

that could be construed as a manifestation of mental

incapacity. The testator may be admitted to be physically

weak but it does not necessarily follow that she was not

of sound mind. [The] testimonies of contestant witnesses

are pure aforethought.

fatally defective for the reason that its attestation clause

states that the will is composed of three (3) pages while in

truth and in fact, the will consists of two (2) pages only

because the attestation is not a part of the notarial will,

the same is not accurate. While it is true that the

attestation clause is not a part of the will, the court, after

examining the totality of the will, is of the considered

opinion that error in the number of pages of the will as

stated in the attestation clause is not material to

invalidate the subject will. It must be noted that the

subject instrument is consecutively lettered with pages A,

B, and C which is a sufficient safeguard from the

possibility of an omission of some of the pages. The error

must have been brought about by the honest belief that

the will is the whole instrument consisting of three (3)

pages inclusive of the attestation clause and the

acknowledgement. The position of the court is in

consonance with the doctrine of liberal interpretation

enunciated in Article 809 of the Civil Code which reads:

In the absence of bad faith, forgery or fraud,

or undue [and] improper pressure and

influence, defects and imperfections in the

form of attestation or in the language used

therein shall not render the will invalid if it

is proved that the will was in fact executed

all the requirements of Article 805.

The court also rejects the contention of the

oppositors that the signatures of the testator were affixed

on different occasions based on their observation that the

signature on the first page is allegedly different in size,

texture and appearance as compared with the signatures

in the succeeding pages. After examination of the

signatures, the court does not share the same observation

as the oppositors. The picture (Exhibit H-3) shows that the

testator was affixing her signature in the presence of the

instrumental witnesses and the notary. There is no

evidence to show that the first signature was procured

earlier than February 2, 1987.

Finally, the court finds that no pressure nor undue

influence was exerted on the testator to execute the

subject will. In fact, the picture reveals that the testator

was in a good mood and smiling with the other witnesses

while executing the subject will (See Exhibit H).

In fine, the court finds that the testator was mentally

capable of making the will at the time of its execution,

that the notarial will presented to the court is the same

notarial will that was executed and that all the formal

requirements (See Article 805 of the Civil Code) in the

execution of a will have been substantially complied with

in the subject notarial will.[14] (Emphasis supplied.)

findings of the RTC. Since, petitioner and her siblings are not

compulsory heirs of the decedent under Article 887[15] of

the Civil Code and as the decedent validly disposed of her

properties in a will duly executed and probated, petitioner

has no legal right to claim any part of the decedents estate.

WHEREFORE, the petition is DENIED. The assailed

Decision dated October 13, 2000 of the Court of Appeals in

CA-G.R. CV No. 41756 is AFFIRMED.

Costs against petitioner.

SO ORDERED.

LEONARDO A. QUISUMBING

Associate Justice

WE CONCUR:

CONCHITA CARPIO MORALES

Associate Justice

DANTE O. TINGA

Associate Justice

PRESBITERO J. VELASCO, JR.

Associate Justice

ARTURO D. BRION

Associate Justice

ATTESTATION

I attest that the conclusions in the above Decision had been

reached in consultation before the case was assigned to the

writer of the opinion of the Courts Division.

Associate Justice

Chairperson

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, and

the Division Chairpersons Attestation, I certify that the

conclusions in the above Decision had been reached in

consultation before the case was assigned to the writer of the

opinion of the Courts Division.

REYNATO S. PUNO

Chief Justice

[1] Rollo, pp. 41-48. Penned by Associate Justice Jose L. Sabio, Jr., with

Associate Justices Salvador J. Valdez, Jr. and Eliezer R. delos Santos

concurring.

[2] Id. at 34-40. Penned by Judge Eriberto U. Rosario, Jr.

[3] Id. at 31-33.

[4] Id. at 40.

[5] Id. at 47.

[6] Id. at 85.

[7] Id. at 82-102.

[8] Art. 805. Every will, other than a holographic will, must be subscribed at

the end thereof by the testator himself or by the testators name written by

some other person in his presence, and by his express direction, and

attested and subscribed by three or more credible witnesses in the

presence of the testator and of one another.

The testator or the person requested by him to write his name and the
instrumental witnesses of the will, shall also sign, as aforesaid, each and

every page thereof, except the last, on the left margin, and all the pages

shall be numbered correlatively in letters placed on the upper part of each

page.

The attestation shall state the number of pages used upon which the will is

written, and the fact that the testator signed the will and every page

thereof, or caused some other person to write his name, under his express

direction, in the presence of the instrumental witnesses, and that the latter

witnessed and signed the will and all the pages thereof in the presence of

the testator and of one another.

If the attestation clause is in a language not known to the witnesses, it

shall be interpreted to them.

[9] Art. 1009. Should there be neither brothers nor sisters nor children of

brothers or sisters, the other collateral relatives shall succeed to the estate.

The latter shall succeed without distinction of lines or preference among

them by reason of relationship by the whole blood.

[10] Art. 1010. The right to inherit ab intestato shall not extend beyond the

fifth degree of relationship in the collateral line.

[11] Rollo, pp. 108-111.

[12] SECTION 1. Filing of petition with Supreme Court. A party desiring to

appeal by certiorari from a judgment or final order or resolution of the

Court of Appeals, the Sandiganbayan, the Regional Trial Court or other

courts whenever authorized by law, may file with the Supreme Court a

verified petition for review on certiorari. The petition shall raise only

questions of law which must be distinctly set forth.

[13] Ontimare, Jr. v. Elep, G.R. No. 159224, January 20, 2006, 479 SCRA 257,
265.

[14] Rollo, pp. 38-40.

[15] Art. 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their

legitimate parents and ascendants;

(2) In default of the foregoing, legitimate parents and ascendants,

with respect to their legitimate children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal

fiction;

(5) Other illegitimate children referred to in article 287.

Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by

those in Nos. 1 and 2; neither do they exclude one another.

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes

mentioned, shall inherit from them in the manner and to the extent

established by this Code.