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TESTACY OF SIXTO LOPEZ. JOSE S. LOPEZ vs.

AGUSTIN LIBORO
GR NO. L-1787 August 27, 1948

ART 804. Every will must be in writing and executed in a language or dialect known to the testator.

FACTS:
Liboro opposed the probate of the last will and testament of Don Sixto Lopez.
Liboro alleged that the will was not executed and attested as required by law.
Liboro also impugned the will for being silent on the testators understanding of Spanish, the language used in writing
the will.
Liboro alleged that the trial court erred in allowing Jose Lopez to introduce evidence to prove that the will was written in
a language known to the decedent, after Lopez already rested his case and over Liboros vigorous objection.

ISSUE:
WON the will must express that it was in a language known to the testator? NO.

HELD:
No. There is no statutory requirement that the will must expressly state knowledge of the language used in the will by
the testator.
The testators knowledge of the language used in the will may be established by proof aliunde.
There is a presumption that the decedent knew and understood the language in which the will was written.
Furthermore, it is also within the discretion of the trial court to allow evidence to be introduced to prove knowledge and
understanding of the decedent of the language.
As ruled in Gonzales vs. Laurel, 46 Phil., 781, in which the probate of a will written in Tagalog was ordered although it
did not say that the testator knew that idiom. In fact, there was not even extraneous proof on the subject other than the
fact that the testator resided in a Tagalog region, from which the court said "a presumption arises that said Maria Tapia
knew the Tagalog dialect.