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CASE DIGEST: NOBLE V. ABAJA (450 SCRA 265)

Published by paul on June 25, 2013 | Leave a response

Noble v. Abaja
450 SCRA 265

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 Abada’s 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.

Criminal Attorneys
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