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    035 Bagtas v. Paguio

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    Juno Geronimo
    The Supreme Court of the Philippines upheld the decision of the Court of First Instance of Bataan to admit the will of Pioquinto Paguio for probate. Pioquinto's son and grandchildren opposed the probate, arguing he lacked mental capacity when he executed the will due to paralysis. However, the SC found that the opponents did not overcome the presumption of mental capacity. Witnesses testified that though paralyzed, Pioquinto was able to communicate and actively participated in the will's execution in a rational manner. His physical infirmities alone did not prove lack of testamentary intent or capacity.

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    035 Bagtas v. Paguio

    Uploaded by

    Juno Geronimo
    122 views2 pages
    The Supreme Court of the Philippines upheld the decision of the Court of First Instance of Bataan to admit the will of Pioquinto Paguio for probate. Pioquinto's son and grandchildren opposed the probate, arguing he lacked mental capacity when he executed the will due to paralysis. However, the SC found that the opponents did not overcome the presumption of mental capacity. Witnesses testified that though paralyzed, Pioquinto was able to communicate and actively participated in the will's execution in a rational manner. His physical infirmities alone did not prove lack of testamentary intent or capacity.

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    Succession digest

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    The Supreme Court of the Philippines upheld the decision of the Court of First Instance of Bataan to admit the will of Pioquinto Paguio for probate. Pioquinto's son and grandchildren opposed the probate, arguing he lacked mental capacity when he executed the will due to paralysis. However, the SC found that the opponents did not overcome the presumption of mental capacity. Witnesses testified that though paralyzed, Pioquinto was able to communicate and actively participated in the will's execution in a rational manner. His physical infirmities alone did not prove lack of testamentary intent or capacity.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    122 views2 pages

    035 Bagtas v. Paguio

    Uploaded by

    Juno Geronimo
    The Supreme Court of the Philippines upheld the decision of the Court of First Instance of Bataan to admit the will of Pioquinto Paguio for probate. Pioquinto's son and grandchildren opposed the probate, arguing he lacked mental capacity when he executed the will due to paralysis. However, the SC found that the opponents did not overcome the presumption of mental capacity. Witnesses testified that though paralyzed, Pioquinto was able to communicate and actively participated in the will's execution in a rational manner. His physical infirmities alone did not prove lack of testamentary intent or capacity.

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    UP Law F2021 035 Bagtas v.

    Paguio
    Succession Testamentary Capacity 1912 Trent
    and Intent – Arts. 796-803

    SUMMARY

    Pioquinto Paguio executed a will and upon his death, his widow Juliana Bagtas presented to Court the
    same and had it admitted for probation. Pioquinto’s son Isidoro and several grandchildren form
    previous marriage opposed to the probation, averring that Pioquinto had no physical and mental
    capacity to execute a valid will. The CFI of Bataan ruled in favor of Julaina and admitted the document
    for probation. The SC upheld the CFI decision, saying that the presumption of mental capacity should
    hold in the case and that the oppositors failed to establish the lack of mental capacity of Pioquinto
    during the execution of his will.

    FACTS

     Pioquinto Pagui died on Sept. 28, 1909. Her widow Juliana Bagtas offered a document purported to
    be the deceased’s last will and testament to be probated at CFI of Bataan. The document was
    executed on April 19, 1908 ;
     Son Isidoro and several grandchildren by a former marriage opposed the same probation of will;
     The oppositors averred that the formalities and requirements of the law on wills could not have been
    executed since Pioquinto suffered paralysis on the left side of his body fifteen years prior to his
    death, and that he was not in full enjoyment and use of his mental faculties and was without mental
    capacity necessary to execute a valid will;
     The evidence presented that Pioquinto was able to retain the use of his right hand, and was able to
    write fairly well; through medium and signs, he was able to indicate his wishes to his wife and to
    other members of his family;
     At the time of execution, there were four witnesses present, and according to their testimony, the
    will was executed in the following manner:
    o Pioquinto wrote out on pieces of paper notes and items relating to the disposition of his
    property
    o These notes were in turn delivered to Señor Marco (one of the witnesses) who transcribed
    them and put them in form;
    o The document was delivered to an attorney, and the same was read to Pioquinto and he was
    asked if these were his testamentary dispositions, and assented each time with an affirmative
    movement of his head
    o The same was read aloud once more in the presence of the witnesses, Pioquinto then signed it
    in the presence of said witnesses, and the said witnesses signed as well.
     The CFI of Bataan ruled in favor of Juliana Bagtas and admitted to probate the said document;
     Isidoro et. al, appealed to the SC.

    RATIO

    W/N Pioquinto had the mental capacity when he executed his will
    Yes.

    The Court said that the rule of law relating to the presumption of mental soundness was well
    established, and the testator Pioquinto, not having adjudged insane by a court of competent
    jurisdiction, such presumption continues. The defense failed to present proof otherwise, that could
    overthrow the presumption. The testimony of the physicians presented by the defense merely talked
    about his degrading physical state and mental strength but neither attempted to state what was the mental
    condition at the moment of execution of his will. The Court said that the law does not require that a
    person shall continue in the full enjoyment and use of his pristine physical and mental powers in
    order to execute a valid will. The authorities, both legal and medical, are universal in the statement that
    the question of mental capacity is one of degree, and that there are many gradations from highest
    degree of mental soundness to the lowest conditions of diseased mentality.
    The Court relied on the testimonies of the witnesses present at the execution of the will, saying that based
    on the facts as averred, it did not appear that his conduct was irrational and he seemed to have
    comprehended clearly what was the nature of the business was in which he was engaged, and that all
    throughout the procedure, he took an active part which, to the Court’s mind, made the will perfectly
    reasonable and its disposition were those of a rational person.

    FALLO

    For the reasons above stated, the order probating the will should be and the same is hereby affirmed, with
    costs of this instance against the appellants.

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