Bella A. Guerrero v. Resurreccion A. Bihis

Summary

This case involves siblings Bella Guerrero and Resurreccion Bihis disputing the probate of their mother's will. The Supreme Court unanimously denied probate because the will was acknowledged before a notary public acting outside his territorial jurisdiction, violating Article 806 of the Civil Code. Atty. Directo, commissioned for Caloocan City, took the acknowledgment in Quezon City, rendering it void. The Court emphasized that notarial acts performed outside a notary's territorial jurisdiction have no legal effect, as they violate mandatory statutory requirements. The decision establishes important precedent on strict compliance with notarial formalities in testamentary succession, ultimately resulting in intestate succession. The Court also ordered investigation of the notary public for possible administrative sanctions, highlighting the serious consequences of exceeding notarial authority.