Gonzales v.

CA
G.R.
No.
Guerrero, J. (Ponente)

L-37453

May

25,

1979

Facts:
1. Petitioner Rizalina Gonzales and Lutgarda Santiago (Private respondent) are the nieces of the
deceased Isabel Gabriel who died a widow. A will was thereafter submitted to probate. The said will
was typewritten, in Tagalog and appeared to have been executed in April 1961 or two months prior to
the death of Isabel. It consisted of 5 pages including the attestation and acknowledgment, with the
signature of testatrix on page 4 and the left margin of all the pages.
2. Lutgarda was named as the universal heir and executor. The petitioner opposed the probate.
3. The lower court denied the probate on the ground that the will was not executed and attested in
accordance with law on the issue of the competency and credibility of the witnesses.
Issue: Whether or not the credibility of the subscribing witnesses is material to the validity of a will
RULING: No. The law requires only that witnesses posses the qualifications under Art. 820 (NCC)
and none of the disqualifications of Art. 802. There is no requirement that they are of good standing
or reputation in the community, for trustworthiness, honesty and uprightness in order that his
testimony is believed and accepted in court. For the testimony to be credible, it is not mandatory that
evidence be established on record that the witnesses have good standing in the the community.
Competency is distinguished from credibility, the former being determined by Art. 820 while the
latter does not require evidence of such good standing. Credibility depends on the convincing weight
of his testimony in court.
- See more at: http://lawsandfound.blogspot.com/2013/02/gonzales-v-court-of-appeals-cadigest.html#sthash.HK1ZWYSl.dpuf