Gonzales vs CA

Facts: 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.

In the said will, Isabel named Lutgarda as the sole heir after the debts, obligations and legitimes are
satisfied.

Gonzales opposed the probate of the court by assailing the credibility of the witnesses who signed the
will.

The Trial Court disallowed the probate of the will. Upon appeal, the Court of appeals revised the ruling
of the Trial court and allowed the probate of the will.

Hence this petition.

Issue: Whether or not the credibility of the subscribing witnesses is material to the validity of a will.

Held: No, the law requires only that witnesses possess 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 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.