IN A MATTER OF THE PROBATE OF THE LAST WILL AND TESTAMENT OF THE DECEASED BRIGIDO ALVARADO, CESAR ALVARADO VS RAMON

G. GAVIOLA, JR., ET.AL.

Facts: Brigido Alvarado executed a will, Huling Habilin, disinheriting Cesar Alvarado, an illegitimate son. This will revoked previously executed holographic will awaiting probate. On December 29, 1977, a codicil entitled Kasalatan ng Pagbabago sa Ilang Pagpapasiya na Nasasaad sa Huling Habilin was executed changing some dispositions to generate cash for the testators glaucoma. Both the will and the codicil was not read by the testator but instead read to him aloud by Bayani Ma. Rino, who drafted the will. Upon probate, it was contested by the herein petitioner on the ground that it was not executed and attested as required by law for he is not blind at the time it was executed.

Issue: 1. Whether or not Brigido was blind for the purpose of Art. 808. 2. If so, was the double-reading requirement was complied with. Ruling: Brigido was not totally blind at the time the will and codicil were executed. His vision on both eyes was only of counting finger at 3 feet. He could no longer read either printed or handwritten matters as of December 14, 1977 or had poor eyesight. The Supreme Court declared that the rationale behind Article 808 is the provisions thereof known to him, so that he may able to object if they are not in accordance with his wishes. Clear that Article 808 applies not only to blind testators but also to those who are incapable of reading the will. This includes the illiterate. Moreover, since Brigido was incapable of reading the final draft he comes to the scope of the term blind. On the second issue, Article 808 was not strictly complied. Instead by the notary public and the instrumental witnesses, it was the respondent lawyer who read once not twice followed by the notary public and witnesses, albeit silently. Supreme Court ruled that with four persons following the reading word for word with their own copies, it can be safely concluded that the testator was reasonably assured that what was read to him were the terms actually appearing on the type written documents.