Sancho V Abella

SANCHO v.
ABELLA testatrix was 88 years of age when she made her

G.R. No. L-39033 November 13, 1933 will, she was already suffering from senile debility
FACTS: and therefore her mental faculties were not
functioning normally anymore and that she was not
 On April 13, 1932, Matea Abella—the fully aware of her acts. As an indication of her senile
testatrix, accompanied by her niece debility, respondent attempted to prove that the
Filomena Inay, left her home to consult a testatrix had very poor memory in connection with
physician in San Fernando, La Union, her properties and interest; that she could not go
stopping at the convent of the parish downstairs without assistance, and that she could
church of the said municipality, in charge of not recall her recent acts.
Father Cordero with whom she was
acquainted he having been the parish priest ISSUE: WON the testatrix is of sound mind at the
of Sinait. time of the execution of her will? YES.
 During her stay in the said convent, she
went to Dr. Antonio Querol's clinic twice RULING: : (1) Neither senile debility, nor deafness,
within the period of one week accompanied nor blindness, nor poor memory, is by itself
by her aforesaid niece, Filomena Inay, to sufficient to establish the presumption that the
consult the said physician who, after person suffering therefrom is not in the full
submitting her to a general medical enjoyment of his mental faculties, when there is
examination, found that she was suffering sufficient evidence of his mental sanity at the time of
from dyspepsia and cancer of the stomach the execution of the will; and (2) that neither the
fact of her being given accommodations in a
 April 26, 1932, Matea Abella—the testatrix,
convent, nor the presence of the parish priest, nor a
expressed her desire to make a will, in the
priest acting as a witness, constitutes undue
presence of the Father Cordero's sister,
influence sufficient to justify the annulment of a
Father Zoilo Aguda, Macario Calug and the
legacy in favor of the bishop of a diocese made in
fiscal of the convent.
her will by a testatrix 88 years of age, suffering from
 Due to some reasons, the interview with
defective eyesight and hearing, while she is stopping
the testatrix did not finish on the first day
at a convent within the aforestated diocese.
and had to continue it the following day,
also in the presence of Father Cordero, his EVIDENCE TO PROVE HER SANITY: As to the mental
sister, Filomena Inay. sanity of the testatrix at the time of the execution of
 After the will had been drafted in Ilocano, her will, we have the undisputed fact of her having
the dialect of the testatrix it was again read left her home in Sinait, Ilocos Sur, in order to go to
to the testatrix and she expressed her San Fernando, La Union, to consult a doctor,
approval thereof, but inasmuch she did not stopping at the convent of the parish church; the
sign the same suggesting that it be fact of her having walked twice to the aforesaid
postponed to the following day, April 29, doctor's clinic, accompanied by her niece, Filomena
1932, which was done. Inay; the fact that she had personally furnished the
aforesaid doctor with all the necessary data
 After the testatrix, each of the instrument regarding the history of her illness the fact of her
witnesses signed in the presence of the having brought with her in her trunk the deeds to
testatrix and of each and every one of the her properties; the fact of her having called for
other witnesses. After the will had been Attorney Teodoro R. Reinoso; the fact of her having
signed, Attorney Reinoso delivered the personally furnished said attorney all the data she
original and the copies thereof to the wished to embody in her relative to her properties
testatrix, retaining one for his file. and the persons in whose favor she wished to
bequeath them; the fact of her not wishing to sign
 On July 3, 1932, Matea Abella died of the her will on the night of April 28, 1932, but the
senile debility in the municipality of Sinait at following day, in order to be able to see it better,
the age of 88 years. and the fact of her having affixed her signature, in
her own handwriting, to the original as well as to the
Respondent’ contentions: The testatrix was deaf
copies of her will which consisted of nine pages.
and that her eyesight was defective; inasmuch as the
 All these data show that the testatrix was
not so physically weak, nor so blind, nor so
deaf, nor so lacking in intelligence that she
could not, with full understanding thereof,
dispose of her properties and make a will.
Neither senile debility, nor blindness, nor
deafness, nor poor memory, is by itself
sufficient to incapacitate a person for
making his ill (Avelino vs. De la Cruz, 21
Phil., 521;)
As to Respondent’s contention that the testatrix

bequeathed properties which she had already
donated to other persons:
The mere fact that in her will Matea Abella disposed

of properties, which she had already donated to
other persons at a prior date, is not an indication of
mental insanity. At most it constitutes forgetfulness
or a change of mind, due to ignorance of the
irrevocability of certain donations
As to undue influence in the execution of the will:
It is insinuated that the testatrix has been unduly

influenced in the execution of her will. There is
nothing in the records establishing such claim either
directly or indirectly. The fact of her having stopped
at the convent of the parish church of San Fernando,
La Union, is not unusual in the Philippines where,
due to lack of hotels, the town convents are usually
given preference by strangers because they are
given better accommodations and allowed more
freedom.
In the present case, the testatrix Matea Abella was a

stranger in San Fernando, La Union. Inasmuch as
Father Cordero, the parish priest of the said town,
was well known to her having served in the church of
Sinait, Ilocos Sur, in the same capacity, she did not
have any difficulties in obtaining accommodations in
his convent. The fact that Matea Abella stopped at a
convent and enjoyed the hospitality of a priest who
gave her accommodations therein, nor the fact that
the will was executed in the convent in question in
the presence of the parish priest and witnessed by
another priest, could certainly not be considered as
an influence which placed her under the obligation
to bequeath of her property to the bishop of said
diocese.

Sancho V Abella

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SANCHO v.

ABELLA testatrix was 88 years of age when she made her

As to Respondent’s contention that the testatrix

The mere fact that in her will Matea Abella disposed

As to undue influence in the execution of the will:

It is insinuated that the testatrix has been unduly

In the present case, the testatrix Matea Abella was a

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