lopez.pdf - l\epublit of tbe ~btlippine£ QI:ourt �;«lantla ~upreme SECOND DIVISION IN THE MATTER OF TI-lE PETITION FOR THE PROBATE OF THE LAST WILL

lopez.pdf - lepublit of tbe ~btlippine£ QI:ourt...

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l\epublit of tbe ~btlippine£' ~upreme QI:ourt · ;«lantla SECOND DIVISION IN THE MATTER OF TI-lE PETITION FOR THE PROBATE OF THE LAST WILL AND TESTAMENT OF ENRIQlJE S. LOPEZ RICHARD B. LOPEZ, Petitioner, -versus- DIANA .JEANNE LOPEZ, MARYBETH DE LEON and VICTORIA L. TUAZON, Respondents. G.R. No. 189984 Present: CARPIO, J., Chairperson, BRION, DEL CASTILLO, PEREZ, PERLAS-BERNABE, JJ Promulgated: NOV 1 2. 2012 x----------------------------------------------------------- .. ---------------------------------------------x RESOLUTION PERLAS-BERNABE, J.: This Petition for Review on Certiorari assails the March 30, 2009 Decision 1 and October 22, 2009 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 87064 which atlirmed the August 26, 2005 Decision 3 of the Regional Trial Court of Manila, Branch 42 (RTC), in SP. Proc. No. 99- 95225 disallowing the probate of the Last Will and Testament of Enrique S. I ,opez. Rollo, pp. 38-53. Penned by Associate Justice Noel G Tijam, with Presiding Justice Conrado M. Vasquez, Jr., and Associate Justice Sesinando E. Villon, concurring. ld. at 55-58. Records, Vol. lll, pp. 378-383.
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Resolution 2 G.R. No. 189984 The Factual Antecedents On June 21, 1999, Enrique S. Lopez (Enrique) died leaving his wife, Wendy B. Lopez, and their four legitimate children, namely, petitioner Richard B. Lopez (Richard) and the respondents Diana Jeanne Lopez (Diana), Marybeth de Leon (Marybeth) and Victoria L. Tuazon (Victoria) as compulsory heirs. Before Enrique’s death, he executed a Last Will and Testament 4 on August 10, 1996 and constituted Richard as his executor and administrator. On September 27, 1999, Richard filed a petition for the probate of his father's Last Will and Testament before the RTC of Manila with prayer for the issuance of letters testamentary in his favor. Marybeth opposed the petition contending that the purported last will and testament was not executed and attested as required by law, and that it was procured by undue and improper pressure and influence on the part of Richard. The said opposition was also adopted by Victoria. After submitting proofs of compliance with jurisdictional requirements, Richard presented the attesting witnesses, namely: Reynaldo Maneja; Romulo Monteiro; Ana Maria Lourdes Manalo (Manalo); and the notary public who notarized the will, Atty. Perfecto Nolasco (Atty. Nolasco). The instrumental witnesses testified that after the late Enrique read and signed the will on each and every page, they also read and signed the same in the latter's presence and of one another. Photographs of the incident were taken and presented during trial. Manalo further testified that she was the one who prepared the drafts and revisions from Enrique before the final copy of the will was made.
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