17. Bagtas vs. Paguio

17. Bagtas vs. Paguio

FACTS: 1. Pioquinto Paguio died on September 28, 1909. 2. For some 14 or 15 years prior to the time of his death, he suffered from a paraysis of the eft side of  his body! that a fe" years prior to his death his hearing be#ame impaired and that he ost the po"er of  spee#h. $. %e retained the use of his right hand and "as abe to "rite fairy "e. 4. &hrough the medium of signs he "as abe to indi#ate his "ishes to his "ife and to other members of  his famiy. 5. &he testator "rote out on se'era pie#es of paper the disposition of his property. (. &he same "as in turn dei'ered to one Se)or *ar#o "ho trans#ribed and put them in form. +. &he pie#es of paper "ere then dei'ered to a a"yer "ho read them to the testator asing if they "ere his dispositions. 8. &he testator assented ea#h time "ith an affirmati'e mo'ement of his head. 9. &he "ido" of the de#edent -uiana agtas then sought the probate of the purported ast "i and testament of Pioquinto. 10. &he /F of ataan admitted the same for probate. 11. 11. sidoro Paguio, a son of the de#edent de#edent by a former marriage, opposed the probation on the ground that the testator "as not in fu enoyment and use of his menta fa#uties and "as "ithout menta #apa#ity ne#essary to ee#ute a 'aid "i. ISSUE: 3as the "i 'aidy ee#uted HELD: &he rue of a" reating to the presumption of menta soundness is "eestabished, and the testator in the #ase at bar ne'er ha'ing been adudged insane by the #ourt of #ompetent urisdi#tion , this presumption #ontinues, and it is therefore in#umbent upon the opponents to o'er#ome this ega presumption by proper e'iden#e. &he opponents faied to do this. &he #ourts ha'e repeatedy hed that mere "eaness of mind and body , indu#ed by age and disease does not render a person in#apabe of maing a "i. &he a" does not require that a person sha #ontinue in the fu enoyment and use of his pristine physi#a and menta po"ers in order to ee#ute a 'aid "i. f su#h "ere the ega standard , fe" indeed "oud be the number of "is that #oud meet su#h ea#ting requirements. &he authorities, both medi#a and ega, are uni'ersa in the statement that the question of menta #apa#ity is one of degree, and that there are many gradations from the high highest est degre degree e of menta menta sound soundne ness ss to the o"est o"est #ondi #onditio tions ns of disea diseased sed menta mentait ity y "hi#h "hi#h are denominated insanity or idio#y.