Noble

450 SCRA 265

v.

Abaja

FACTS:
The case is about the probate of the will of Alipio Abada (Not respondent Abaja).
Petitioner Belinda Noble is the administratrix of the estate of Abada. Respondent Alipio
Abaja filed a petition for the probate of Abadas will. Petitioner Noble moved for dismissal
of the petition for probate.
Caponong-Noble points out that nowhere in the will can one discern that Abada knew the
Spanish language. She alleges that such defect is fatal and must result in the disallowance
of the will.
ISSUE:
Should it be expressly stated in the will that it (the will) was in a language known by the
testator?
HELD:
No. There is no statutory requirement to state in the will itself that the testator knew the
language or dialect used in the will.[25] This is a matter that a party may establish by
proof aliunde. In this case, Alipio testified that Abada used to gather Spanish-speaking
people in their place. In these gatherings, Abada and his companions would talk in the
Spanish language. This sufficiently proves that Abada speaks the Spanish language.