G.R. No. 1092. February 18, 1904

It is very evident that this case is a special proceeding upon the
allowance of the will of the late Doña Leona Ochoa at the instance of
Don Luis Querido. The decision was that the will presented on August
20, 1901 (Exhibit A), is the last will of the said Doña Leona Ochoa,
and “that all the wills executed by Doña Leona Ochoa are rescinded by
virtue of the will marked ‘Exhibit A.’ ” Ramon Florendo and Prudencio
Espiritu, who appeared in this special proceeding to oppose the
allowance of the will, as “executors under bond of the will of Doña
Leona Ochoa de la Cruz y Dominga, already allowed prior to this
allowance,” excepted to the said decision and presented a bill of
exceptions, which was printed for the purpose of the trial of the case
in this court.

The bill only contains the will, its translation, and the testimony
of Doroteo Alviar, Ramon Querubin, Monico Prudencio, and Francisco
Josue, the latter three only being attesting witnesses.

With this, the judgment, the decision of the court, the bond and the
exception of the opposing parties, Florendo and Espiritu, it is
impossible for this court to form an exact opinion upon the decision
appealed, and this is due to the fact that instead of a bill of
exceptions the proper proceeding was an appeal in accordance with
section 781 of the Code of Civil Procedure, which provides that upon
the filing of notice of appeal and a bond the clerk shall immediately
transmit to the Supreme Court a certified copy of all the evidence
taken at the hearing and the judgment of the court, and also the
original of the will, in case there is any controversy concerning the
identity of the writing. If these formalities had been complied with we
should have had before us the testimony of the other two attesting
witnesses, as well as the original will, for the purpose of determining
the questions raised, among others
that as to whether the attesting witnesses did or did not certify to
their acquaintance with the testatrix.

The clerk is therefore ordered to comply with section 781 of the
Code of Civil Procedure and to transmit a certified copy of all the
evidence taken at the hearing and of the judgment of the court, as well
as the original will, a certified copy of which will be kept among his
records.

Torres, Cooper, Willard, and Mapa, JJ., concur.
McDonough, J., reserves his vote.