ADDITIONAL CASES (BASED ON ATTY ● "No will, except as provided in the

GRAVADOR’S PPT) preceding section" (as to wills executed

by a Spaniard or a resident of the
MODULE 5 Philippine Islands, before the Code of
Civil Procedure went into effect), "shall
Acop v. Piraso be valid to pass any estate, real or
GR L-28946| Date Jan. 16, 1929 personal, nor charge or affect the same,
Pinol unless it be written in the language or
dialect known by the testator.”
FACTS ● Nor can the presumption in favor of a
will established by this court in Abangan
This case is an appeal taken from the judgement vs. Abangan to the effect that the
of the CFI of Benguet denying for probate the testator is presumed to know the dialect
instrument purported to be the last will and of the locality where he resides, unless
testament of the deceased Piraso due to the fact there is proof to the contrary, even be
that the said will was written in the English invoked in support of the probate of said
language which the decedent did not know, as document, as a will, because, in the
found by the lower court. instant case, not only is it not proven
that English is the language of the City
Appellants now questions the ruling of the lower of Baguio where the deceased Piraso
court holding that the in order to be valid the lived and where instrument was drawn,
will in question should have been drawn up in but that the record contains positive
the Ilocano dialect. Such statement reads: proof that said Piraso knew no other
language than the Igorrote dialect, with
"The evidence shows that Piraso knew a smattering of Ilocano, and that is, he
how to speak the Ilocano dialect, did not know the English language in
although imperfectly, and could make which the intrument is written.
himself understood in that dialect, and
the court is of the opinion that his will 2. The fact is that it is quite certain that the
should have been written in that instrument was written in English, which
dialect." the supposed testator Piraso did not know,
is sufficient to invalidate said will
according to the clear and positive
ISSUES provisions of the law, and inevitably
prevents its probate. (This is the closest
1. WON the lower court erred in holding statement to the one stipulated by Atty. in his
that the will should have been drawn up slide.)
in the Ilocano dialect in order to be
valid?
2. WON the lower court erred in refusing Gala v. Gonzales
to admit the will for probate? (NO) GR 30289 | Date March 26, 1929
Pena

RULING FACTS
Severina Gonzales(Severina) executed a will in
1. The court said that the above-quoted which Serapia de Gala(Serapia), a niece of
statement was unnecessary for the Severina, was designated executrix. When
decision of the case once it has been proven Severina died, Serapia presented the will for
without contradiction that the deceased did not probate. Apolinario Gonzales(Apolinario), a
know English, in which language the instrument nephew of the deceased, filed an opposition to
was written. the will on the ground that it had not been

1
executed in conformity with the law. Serapia clause of the body of the will. It may be conceded
was appointed special administratrix of the that the attestation clause is not artistically drawn
estate of the deceased. But was later on and that, standing alone, it does not quite meet
replaced by the surviving husband, Sinforoso the requirements of the statute, but taken in
Ona(Sinforoso), on the ground that he had connection with the last clause of the body of the
possession of the property in question and that will, it is fairly clear and sufficiently carries out the
legislative intent; it leaves no possible doubt as to
his appointment would simplify the proceedings.
the authenticity of the document.
In the meantime, the court declared the will
valid and admitted it to probate. This was
opposed by Sinforoso and Apolinario on the
Leano v. Leano
following grounds:
GR | Date
Pameron
1. xxx
2. that the attestation clause does not
FACTS:
mention the placing of the thumb-mark
Cristina Valdes, deceased, placed her costs
of the testatrix in the will; and
against her name, attached by some other
3. xxx
person to the instrument offered for probate
which purports to be her last will and testament,
ISSUE in the presence of three witnesses whose names
are attached to the attesting clause, and that
WON the signing using a thumb-mark by
testatrix Severina valid they attested and subscribed the instrument in
her presence and in the presence of each other.
RULING
YES. The construction put upon the word 'signed' ISSUE:
by most courts is the original meaning of a sign, Whether or not the placing of the cross opposite
rather than the derivative meaning of a sign her name at the construction of the instrument
manual or handwriting. A statute requiring a will to was a sufficient compliance for the will to be
be 'signed' is satisfied if the signature is made by admitted to probate.
the testator's mark. Severina’s thumb-mark
appears in the center of her name as written by RULING:
Serapia on all of the pages of the will. Yes, placing the cross opposite her name at the
construction of the instrument was a sufficient
Furthermore, in the attestation clause of the compliance with the requirements of section
said will, it states that: 618 of the Code of Civil Procedure, which
prescribes that except where wills are signed by
“xxx I request my niece Serapia de Gala some other person than the testator in the
to write my name, and above this I placed manner and from herein indicated, a valid will
my right thumb-mark at the end of this must be signed by the testator.
will and to each of the six pages of this
document, and this was done at my
SC is of the opinion, that the evidence of record
direction and in the presence of three
satisfactorily establishes the execution of that
attesting witnesses, this 23d of
instrument as and for her last will and testament
November, 1920.
in the manner and form prescribed by law.

As will be seen, it is not mentioned in the Cartagena v. Lijauco

attestation clause that the testatrix signed by G.R. No. 9677 | December 15, 1914
thumb-mark, but it does there appear that the Paasa
signature was affixed in the presence of the
witnesses, and the form of the signature is TOPIC: Signing by the testator in the
sufficiently described and explained in the last presence of witnesses

2
 will was executed and which carries with it the
FACTS: presumption of correctness, is sufficient to
Tomasa Nepomuceno executed a will on the 3rd sustain the finding of the trial court that the
day of March, 1913, but her attorney having will was properly executed and should be
been informed that the will was signed by probated.
herself when only two of the three attesting
witnesses were present, he advised her that the
will be re-executed and that the testatrix sign Jaboneta v. Gustillo
the will in the presence of all three attesting GR | Date
witnesses. Accordingly, on the day following, Macaraeg
the will was re-executed and all of the
formalities required by law were observed.||| FACTS:
It is contended on the part of the appellants that Macario Jaboneta executed under the
the will was not executed in the manner following circumstances the document
required by law and that the testimony of the in question, which has been presented
attesting witnesses was not sufficiently uniform for probate as his will:
to demonstrate that all of the formalities
Jaboneta ordered that the document in question
required by law had been complied with.|||
be written, and calling Javellana, Jalbuena, and
Jena as witnesses. They were all in one room
ISSUE: WoN the presence of the three attesting
where Jaboneta was, and were present when he
witnesses is an essential requisite in the
signed the document. Jena signed afterwards,
execution of the will by the testator (YES)
followed by Jalbuena in Jaboneta’s presence and
in the presence of the other two witnesses in
RULING:
both instances. At that moment, Jena, being in
While the first part of section 618 of the Code of
a hurry to leave, took his hat and left the room.
Civil Procedure does not expressly require that
As he was leaving the house, Javellana took the
the testator sign the will in the presence of the
pen in his hand and put himself in position to
three attesting witnesses, the second part
sign the will as a witness, but did not sign in the
thereof does require that fact to appear in
presence of Jena; nevertheless, after Jena had
the attestation clause, The second part of
left the room, Javellana signed as a witness in
section 618 provides that "the attestation shall
the presence of the testator and of the witness
state the fact that the testator signed the will,
Jalbuena.
or caused it to be signed by some other person,
at his express direction, in the presence of three
ISSUE:
witnesses, and that they attested and
subscribed it in his presence and in the presence Whether or not Javellana signed in the
of each other”, and such signing is an essential presence of Jena
requisite to the due execution of the will.
RULING
It appears clear from the testimony of the
attesting witnesses that the testatrix signed Yes. The fact that Jena was in the act of leaving,
the will in their presence and that, at her and that his back was turned while a portion of
request, each one of the witnesses in the the name of the witness was being written, is of
presence of the testatrix and of the other two no importance. They have assembled for the
attesting witnesses signed the will. This is all purpose of execution the testament, and were
that the law requires and while there may be together in the same room for that purpose.
some hesitation in the testimony of some of When Javellana signed the document, Jena was
the witnesses, we are satisfied that the actually and physically present and in such
evidence, such as it is, taken in connection position with relation to Javellana that he could
with the attesting clause attached to the will, see everything which took place by merely
which was made and signed at the time the casting his eyes in the proper direction, and

3
without any physical obstruction to prevent his ISSUE: Whether the Deed of Donation
doing so. complied with the formalities of a will - NO.

The true test of presence of the testator and the RULING:

witnesses in the execution of a will is not - The phrase in the earlier-quoted Deed
whether they actually saw each other sign, but of Donation "to become effective upon
whether they might have seen each other sign, the death of the DONOR" admits of no
had they chosen to do so, considering their other interpretation than to mean that
mental and physical condition and position with Matilde did not intend to transfer the
relation to each other at the moment of ownership of the six lots to Maria during
inscription of each signature. her lifetime.
- Matilde retained ownership of the lots
and reserved in her the right to dispose
Aluad v. Aluad of them. That the donation is mortis
G.R. No. 176943| Date: October 17, 2008 causa is fortified by Matilde’s acts of
Ledesma possession as she continued to pay the
taxes for the said properties which
FACTS: remained under her name;
- Danilo Alaud et. al. (petitioners) are the appropriated the produce; and applied
children of Maria Alaud. for free patents for which OCTs were
- Zenaido Alaud (respondent) and Maria issued under her name.
Alaud were raised by childless spouses - The donation being then mortis causa,
Matilde and Crispin Alaud. the formalities of a will should have
- On November 14, 1981, Matilde been observed but they were not, as it
executed a document entitled "Deed of was witnessed by only two, not three or
Donation of Real Property Inter Vivos" more witnesses following Article 805 of
in favor of Maria covering all the six lots the Civil Code.
which she inherited from her husband - Further, the witnesses did not even sign
Crispin. the attestation clause, the execution of
- On August 26, 1991, Matilde sold Lot which clause is a requirement separate
No. 676 to Zenaido by a Deed of from the subscription of the will and the
Absolute Sale of Real Property. affixing of signatures on the left-hand
- Subsequently or on January 14, 1992, margins of the pages of the will.
Matilde executed a last will and
testament, devising Lot Nos. 675, 677,
682, and 680 to Maria, and her Lee v. Tambago
"remaining properties" including Lot No.
674 to Zenaido. A.C. NO. 5281 | February 12, 2008
- The RTC declared the petitioners as Guzman
rightful owners but the CA reversed this
holding that the Deed of Donation was FACTS
actually a donation mortis causa, not
inter vivos, and that it did not comply Complainant Manuel L. Lee charged respondent
with the formalities of a will. Atty. Regino B. Tambago with violation of the
- It found that the Deed of Donation was Notarial Law and the ethics of the legal
witnessed by only two witnesses and profession for notarizing a spurious last will and
had no attestation clause which is not in testament.
accordance with Article 805 of the Civil
Code. Lee averred that his father, the decedent
- Vicente Lee, Sr., never executed the contested
will. Furthermore, the spurious will contained

4
the forged signatures of Cayetano Noynay and estate is administered in the manner that he
Loreto Grajo, the purported witnesses to its intends it to be done.
execution.
A cursory examination of the acknowledgment
He questioned the absence of notation of the of the will in question shows that this particular
residence certificates of the purported witnesses requirement was neither strictly nor
Noynay and Grajo. He alleged that their substantially complied with. For one, there was
signatures had likewise been forged and merely absence of a notation of the residence
copied from their respective voters' affidavits. certificates of the notarial witnesses Noynay and
Grajo in the acknowledgment. Similarly, the
ISSUE notation of the testator's old residence
Were the requirements pertaining to certificate in the same acknowledgment was a
acknowledgement of Notarial Wills clear breach of the law. These omissions by
complied with? No. respondent invalidated the will.

RULING The Notarial Law is explicit on the obligations

and duties of notaries public. They are required
A notarial will, as the contested will in this case, to certify that the party to every document
is required by law to be subscribed at the end acknowledged before him had presented the
thereof by the testator himself. In addition, it proper residence certificate (or exemption from
should be attested and subscribed by three or the residence tax); and to enter its number,
more credible witnesses in the presence of the place of issue and date as part of such
testator and of one another. certification.

The will in question was attested by only two

witnesses, Noynay and Grajo. On this
circumstance alone, the will must be considered
void. This is in consonance with the rule that Avera v. Garcia
acts executed against the provisions of GR | Date
mandatory or prohibitory laws shall be void, Go
except when the law itself authorizes their
validity. FACTS:

The Civil Code likewise requires that a will must Eutiquia Avera filed a petition for the probate of
be acknowledged before a notary public by the the will of Esteban Garcia which was contested
testator and the witnesses. The importance of by Marino Garcia and Juan Rodriguez as
this requirement is highlighted by the fact that guardian for the minors Jose Garcia and Cesar
it was segregated from the other requirements Garcia.
under Article 805 and embodied in a distinct and
separate provision On the day of the hearing, the proponent of the
will introduced one of the three attesting
An acknowledgment is the act of one who has witnesses who testified that the will was
executed a deed in going before some executed with all necessary external formalities,
competent officer or court and declaring it to be and that the testator was at the time in full
his act or deed. It involves an extra step possession of disposing faculties, but two of the
undertaken whereby the signatory actually attesting witnesses were not introduced, nor
declares to the notary public that the same is was their absence accounted for by the
his or her own free act and deed. The proponent of the will.
acknowledgment in a notarial will has a two-fold
purpose: (1) to safeguard the testator's wishes ISSUE:
long after his demise and (2) to assure that his

5
 such deviation must be considered too
1. Whether a will can be admitted to trivial to invalidate the instrument.
probate, where opposition is made, upon the
proof of a single attesting witness, without ||| So far as concerns the
producing or accounting for the absence of the authentication of the will, and of every
other two. part thereof, it can make no possible
2. Whether the will is rendered invalid by difference whether the names appear
reason that the signature of the testator and of on the left or on the right margin,
the three attesting witnesses are written on the provided they are on one or the other.
right margin of each page of the will instead of
the left margin. A will otherwise properly executed
in accordance with the
RULING: requirements of existing law is not
rendered invalid by the fact that the
1. No. When the petition for probate of a paginal signatures of the testator
will is contested the proponent should and attesting witnesses appear in
introduce all three of the attesting the right margin instead of the
witnesses, if alive and within reach of the left.|||
process of the court; and the execution of
the will cannot be considered sufficiently
proved by the testimony of only one, Nayve v. Mojal
without satisfactory explanation of the GR L-21755 | Dec 29, 1924
failure to produce the other two Gingoyon
DOCTRINE:
However,|this question was only raised
for the first time in SC. The appellant 1. The fact that the signatures on each page
should have raised this question in the do not all appear on the left margin thereof does
lower court, either at the hearing or not detract from the validity of the will.
upon a motion for a new trial, as that
court would have had the power, and it 2. Paging with Arabic numerals (1,2,3) and
would have been its duty, considering not with letters is within the spirit of the law,
the tardy institution of the contest, to and is just as valid as paging with letters.
have granted a new trial in order that all
the witnesses to the will might be 3. The number of sheets or pages of which
brought into court.||. the will is composed must be stated in the
attestation clause but where such a fact appears
at the end of the will so that no proof aliunde is
necessary of the number of its sheets, then the
2. No. The will in question is valid. It is true failure to state in the attestation clause the
that the statute says that the testator and number of the pages of the instrument does
the instrumental witnesses shall sign their not invalidate it.
names on the left margin of each and every
page; and it is undeniable that the general FACTS:
doctrine is to the effect that all statutory This is a proceeding for the probate of
requirements as to the execution of wills the will of the deceased Antonio Mojal, instituted
must be fully complied with. by his surviving spouse, Filomena Nayve. The
probate is opposed by Leona Mojal and Luciana
However, where ingenuity could not Aguilar, sister and niece, respectively, of the
suggest any possible prejudice to any deceased. The will in question is composed of
person, as attendant upon the actual four sheets. The four sides or pages containing
deviation from the letter of the law, written matter are paged ""Pag. 1," Pag. 2,"

6
"Pag. 3,", "Pag. 4," successively. On the third Paging with Arabic numerals and not with
page, the signatures of the 3 witnesses appear letters is within the spirit of the law, and is just
on the left margin but the signature of the as valid as paging with letters.
testator is not on the margin, but about the
middle of the page at the end of the will and The number of sheets or pages of which the will
before the attestation clause. On the fourth is composed must be stated in the attestation
page, the signatures of the witnesses do not clause; but where such a fact appears at the
appear on the margin, but at the bottom of the end of the will so that no proof aliunde is
attestation clause, it being the signature of the necessary of the number of its sheets, then
testator that is on the left margin. the failure to state in the attestation clause
the number of the pages of the instrument does
The Court of First Instance of Albay ordered the not invalidate it.
probate of the will, of the deceased of Antonio
Mojal, executed in accordance with law. The The attestation clause must state the fact that
respondents attributed the following defects in the testator and the witnesses reciprocally saw
the will: (a) The fact of not having been signed the signing of the will, for such an act cannot be
by the testator and the witnesses on each and proved by the mere exhibition of the will, if it is
every sheet on the left margin; (b) the fact of not stated therein. But the fact that the testator
the sheets of the document not being paged and the witnesses signed each and every page
with letters; (c) the fact that the attestation of the will can be proved also by the mere
clause does not state the number of sheets or examination of the signatures appearing on the
pages actually used of the will; and (d) the fact document itself, and the omission to state such
that the testator does not appear to have signed evident fact does not invalidate the will.
all the sheets in the presence of the three
witnesses, and the latter to have attested and
signed all the sheets in the presence of the Aspe v. Prieto
testator and of each other. GR L-17761 | April 28, 1922
Fuentes
Attestation Clause: "In witness whereof, I set
my hand unto this will here in the town of FACTS
Camalig, Albay, Philippine Islands, this 26th day Appellant prays for the reversal of the judgment
of November, nineteen hundred and eighteen, appealed from, denying the probate of the
composed of four sheets, including the next: document which is said to be the last will and
"ANTONIO MOJAL " (Signed and declared by the testament of Ventura Prieto, on the ground that
testator Don Antonio Mojal to be his last will and the attesting witnesses did not sign on the left
testament in the presence of each of us, and at margins of the five pages preceding that
the request of said testator Don Antonio Mojal, containing the attestation.
we signed this will in the presence of each other
and of the testator.) "PEDRO CARO "SlLVERIO ISSUE
MORCO "ZOILO MASINAS" Whether or not the attesting witnesses signed
on the left margins of the five pages preceding
ISSUE: Whether or not the will is valid that containing the attestation.

RULING: Yes. RULING

The Supreme Court ruled that where each and From an examination of the document in
every page upon which the will is written was question, it appears that the left margins of the
signed by the testator and the witnesses, the six pages of the document are signed only by
fact that the signatures on each page do not all Ventura Prieto.
appear on the left margin thereof does not
detract from the validity of the will. The noncompliance with section 2 of Act No.
2645 by the attesting witnesses who omitted to

7
sign with the testator at the left margin of each instead of one when he signed the same.
of the five pages of the document alleged to be Nonetheless, he affirmed that page 3 was duly
the will of Ventura Prieto, is a fatal defect that signed in his presence by the testatrix and the
constitutes an obstacle to its probate. other witnesses.

Icasiano v. Icasiano
G.R. No. L-18979 | June 30, 1964 Lopez v. Liboro
Espiritu GR L-1787 | Date Aug. 27, 1948
Tagalog

FACTS FACTS
The testatrix, Josefa Villacorte, created a last Respondent opposed the probate of the last will
will and testament that was set for probate. Her and testament of Don Lopez.
daughter and son both opposed the probate of
the said will. The will in question comprises two pages, each
of which is written on one side of a separate
The son alleged that the decedent left a will sheet. The first sheet is not paged either in
executed in duplicate with all the legal letters or in Arabic numerals. Respondent
requirements. believes that this is a fatal defect.

The evidence presented by the oppositors is to ISSUE

the effect that the testatrix executed a will in Whether the unpaged first sheet of the will is a
duplicate of her original will, attested by 3 fatal defect? NO.
instrumental witnesses and acknowledged by a
notary public.
RULING
The original copy of the will consists of 5 pages The purpose of the law in prescribing the paging
and is signed at the end and on every page, of wills is to guard against fraud, and to afford
except it does not contain the signature of one means of preventing the substitution or of
of the witnesses on page 3. However, the detecting the loss of any of its pages.
duplicate copy has all the complete signatures
in each and every page. In the present case, the omission to put a
page number on the first sheet, if that be
The witness who failed to sign page 3 of the necessary, is supplied by other forms of
original copy said that his failure to do so was identification more trustworthy than the
merely due to inadvertence. conventional numeral words or characters.
The unnumbered page is clearly identified as the
ISSUE first page by the internal sense of its contents
W/N the inadvertent failure of a witness to sign considered in relation to the contents of the
a page renders the entire will invalid. NO. second page.

RULING By their meaning and coherence, the first and

The inadvertent failure of an attesting witness second lines on the second page are
to affix his signature to one page of a testament, undeniably a continuation of the last
due to the simultaneous lifting of two pages in sentence of the testament, before the
the course of signing, is not per se sufficient to attestation clause, which starts at the bottom of
justify denial of probate. the preceding page.

In this case, the witness was able to prove that Furthermore, the unnumbered page contains
his failure to sign page 3 of the original copy was the caption "TESTAMENTO," the invocation of
only because he may have lifted two pages the Almighty, and a recital that the testator was

8
in full use of his testamentary faculty, — all of entirely unnecessary, useless, and frustrative of
which, in the logical order of sequence, precede the testator's last will, must be disregarded.
the direction for the disposition of the maker's
property. Again, as page two contains only the This does not mean that the numbering in
two lines above mentioned, the attestation letters is a requisite of no importance. But since
clause, the mark of the testator and the its principal object is to give the correlation of
signatures of the witnesses, the other sheet can the pages, we hold that his object may be
not by any possibility be taken for other than attained by writing one, two, three, etc., as well
page one. as by writing A, B, C, etc. There is no reason
why the same rule should not be applied where
Unson v. Abella the paging is in Arabic numerals, instead of in
GR 17857 | June 12, 1922 letters, as in the inventory in question in this
Emilio case.

FACTS: The application for the probate of the

will of Doña Josefa Zalamea y Abella was Testate Estate of Paula Toray
opposed by Antonio Abella, Ignacia Abella, GR L-2415| Date July 31, 1950
Avicencia Abella, and Santiago Vito, alleging Ejem
that the supposed will of the deceased Zalamea
was not executed in conformity with the FACTS
provinces of the law, inasmuch as it was not This is an appeal from an order of the Court of
paged correlatively in letters, nor was there any First Instance of Negros Occidental denying
attestation clause in it, nor was it signed by the probate of a will.
testatrix and the witnesses in the presence of
each other. The opposition impeached the The will in question purports to have been
credibility of the witnesses for the proponent executed in August, 1943, by Paula Toray, who
and the fact that the will has no attestation died the following month. Presented for probate
clause and its paging is made in Arabic numerals by one of the legatees, the herein appellant
and not in letters. Tenefrancia, it was opposed by Abaja, daughter
of the deceased Eulogia Abaja, instituted heir in
an earlier will executed by the same testatrix
ISSUE: WON the will is valid. and her deceased husband. The lower court
disallowed the will on the ground that it was not
RULING: The will is valid. executed in accordance with law in that the
attestation clause did not state that the testatrix
As to the paging of the will in Arabic numerals, signed the will in the presence of the
instead of in letters, the court followed the instrumental witnesses.
doctrine in Aldaba vs. Roque where it held that
the object of the law in requiring that the paging It is pointed out, however, that the attestation
be made in letters is to make falsification more clause states that the testatrix declared in the
difficult. The object of the solemnities presence of the three witnesses that the
surrounding the execution of wills is to close the document in question was her last will or
door against bad faith and fraud, to avoid testament, and it is argued that this testament
substitution of wills and testaments and to taken together with the preceding clause which
guarantee their truth and authenticity. reads: "En fe de todo lo cual firmo con mi
nombre este mi testamento o ultima voluntad,
It is not the object of the law to restrain and escrito en dialecto visayo que es el dialecto que
curtail the exercise of the right to make a will. poseo y hablo, en Inayauan, comprension de
So when an interpretation whatsoever, that Cawayan, Filipinas, hoy a 16 de Agosto de
adds nothing but demands more requisites 1943," expresses the idea that the testatrix
signed the will in the presence of the witnesses.

9
 through fraud and undue influence; that the
ISSUE formalities required by law for the execution of
What makes an attestation clause? a will and codicil have not been complied with
as the same were not properly attested to or
RULING executed and not expressing the free will and
deed of the purported testatrix; that the late
By the attestation clause is meant "that clause Eugenia Danila had already executed on
wherein the witnesses certify that the November 5, 1951, her last will and testament
instrument has been executed before them, and which was duly probated and not revoked or
the manner of the execution of the same." annulled during the lifetime of the testatrix, and
(Black, Law Dictionary.) It is signed not by the that the petitioner is not competent and
testator but by the witnesses, for it is a qualified to act as administratrix of the estate.
declaration made by the witnesses and not by
the testator. And the law is clear that it is the During the trial, two of the attesting witnesses,
attestation clause that must contain a Odon Sarmiento and Rosendo Paz, testified that
statement, among others, that the testator they did not see the testratrix sign the will but
signed the will in the presence of the witnesses. that the same was already signed by her when
Without that statement, the attestation clause they affixed their own signatures thereon.
is fatally defective. However, the trial court gave more weight and
merit to the "straight-forward and candid"
Among the formalities prescribed by law testimony of Atty. Ricardo Barcenas, the Notary
(section 618 of Act 190, as amended by Act No. Public who assisted in the execution of the will,
2645) to a valid will is the requirement that the affirming that the testatrix and the three (3)
attestation clause should state "the fact that the instrumental witnesses signed the will in the
testator signed the will and every page thereof, presence of each other, and that with respect to
or caused some other person to write his name, the codicil, the same manner was likewise
under his express direction, in the presence of observed as corroborated to by the testimony of
three witnesses." This requirement was not another lawyer, Atty. Manuel Alvero who was
complied with in the present case, for the also present during the execution of the codicil.
attestation clause fails to state that fact.ch an rob lesvirtualawlibrar chanrobles v irtual law l ibrary Hence, the will was probated.

Vda. de Ramos v. CA On the other hand, the CA disallowed the

GR | Date probate of the will on the ground that the
Dumasig evidence failed to establish that the testatrix
FACTS Eugenia Danila signed her will in the presence
On June 2, 1996, Adelaida Nista, who lained to of the instrumental witnesses in accordance
be one of the instituted heirs, filed a petition for with Article 805 of the Civil Code, as testified to
the probate of the alleged will and codicil dated by the two surviving instrumental witnesses.
April 18, 1963 of the late Eugenia Danial who
died on May 21, 1996. She prayed that she or
any other person be appointed as administrator ISSUE: Whether or not the last testament and
of the testatrix's estate. its accompanying codicil were executed in
accordance with the formalities of the law
Buenaventura and Marcelina (Martina) both
surnamed Guerra, filed an opposition on July RULING:
18, 1966 and an amended opposition on August YES. There is ample and satisfactory evidence
19, 1967, to the petition alleging among others to convince Us that the will and codicil were
that they are the legally adopted son and executed in accordance with the formalities
daughter of the late spouses Florentino Guerra required by law.
and Eugenia Danila ; that the purported will and
codicil subject of the petition were procured

10
Unlike other deeds, ordinary wills by written, and the fact that the testator signed the
necessity of law must contain an will and every page thereof, or caused some
attestation clause which, significantly, is a other person to write his name, under his
separate memorandum or record of the express direction, in the presence of the testator
facts surrounding the conduct of and of each other.
execution. Once signed by the attesting
witnesses, it affirms that compliance with Against this conclusion of the CA, petitioner puts
the indispensable legal formalities had forward the contention that it has decided a
been observed. (this is what was provided in question of substance in a way not probably
Atty’s ppt) accord with the law and the applicable decisions
of this court (Rule 47, par. E[1] of Supreme
This Court had previously held that the Court). The rule of liberal construction of the
attestation clause basically contradicts the applicable law should, petitioner avers, be held
pretense of undue execution which later on may to apply in the case at bar.
be made by the attesting witnesses. In the
attestation clause, the witnesses do not merely ISSUE
attest to the signature of the testatrix but also WON the attestation clause conforms with the
to the proper execution of the will, and their requirements set forth in Section 618
signatures following that of the testatrix show
that they have in fact attested not only to the RULING
genuineness of the testatrix's signature but also Yes. An attestation clause is made for the
to the due execution of the will as embodied in purpose of preserving, in permanent form, a
the attestation clause. By signing the will, the record of the facts attending the execution of
witnesses impliedly certiciency of execution, the the will, so that in case of failure of the memory
capacity of the testatrix, the absence of undue of the subscribing witnesses, or other casualty,
influence, and the like they may still be proved.

Leynez v. Leynez A will, therefore, should not be rejected where

GR 46097| October 18, 1939 its attestation clause serves the purpose of the
Dilag law.
FACTS
This is a petition for writ of certiorari to review This purpose was indicated when our legislature
the decision of the Court of Appeals affirming provided for the exclusion of evidence aliunde
the decision of the CFI of Mindor denying to prove the execution of the will. We should
probate of the will of the deceased Valerio not, however, attribute the prohibition as
Leynex, on the ground that its attestation clause indicative of a desire to impose unreasonable
does not confirm to the requirements of Section restraint or beyond what reason and justice
618 of the Code of Civil Procedure. permit.

There was an alleged defect in the attestation It could not have been the intention of the
clause of the controverted will. It failed to state legislature in providing for the essential
that the testator and the three witnesses signed safeguards in the execution of a will to shackle
each and every page of the will in the manner the very right of testamentary disposition which
prescribed by law. the law recognizes and holds sacred. The
pronouncement in Abangan vs. Abangan
The question presented is, under Section 618, expresses the sound rule to which we have
is this attestation clause legally sufficient? The recently adhered in principle.
pertinent portion of this section of the Code is
as follows:
...the attestation shall state the number
of sheets or pages used, upon which the will is Fernandez v. De Dios

11
 GR No. 21151 | Feb. 25, 1924
Diez Constantino made it appear that the testator
Severino Cabrales and the attesting witnesses,
FACTS: Dr. Eliezer Asuncion, Mary Balintona and Dr.
● Ramon Fernandez had the will of Justino Balintona acknowledged the Last Will
Antonio Vergel De Dios to be probated and Testament before Atty. Bernardo
in court. Constantino while in truth they never appeared
● Fernando De Dios contested the will to acknowledge the same.
claiming it was invalid. One of the errors
that alleged was that the attestation ISSUE
clause of the will was not signed by the (This is a criminal case, so no issue relating to
testator. Succession)
ISSUE:
Whether a will is valid even if the testator did RULING
not sign the attestation clause (Yes) One of the very purposes of requiring
documents to be acknowledged before a notary
RULING: public, in addition to the solemnity which should
surround the execution and delivery of
The Supreme Court, citing Abangan vs Abangan documents, is to authorize such documents to
in its decision, said that, The testator's be given in evidence without further proof of
signature is not necessary in the attestation their execution and delivery. A last will and
clause because this, as its name implies, testament, however, is specifically excluded
appertains only to the witnesses and not to the from the application of Rule 132, Section 19 of
testator. the Rules of Court (documents that are
considered public documents). This implies that
What is important is that the attestation clause when the document being presented as
provides that the testator signed each page of evidence is a last will and testament, further
the will and that he signed it in the presence of evidence is necessary to prove its due
the witnesses, and that the witnesses also execution, whether notarized or not.
signed each page of the will and the
attestation clause in the presence of the The formalities required by law to prove a
testator and in the presence of one notarial will's authenticity do not pertain to the
another. notarization, but to the attestation and
subscription of the testator and the attesting
witnesses. In Caneda v. Court of Appeals, is:

. . . that part of an ordinary will whereby the

Constantino v. People attesting witnesses certify that the instrument
G.R. No. 225696 | April 8, 2019 has been executed before them and to the
Dela Rosa manner of the execution of the same. It is a
separate memorandum or record of the facts
FACTS surrounding the conduct of execution and once
Atty. Constantino and Teresita C. Saliganan signed by the witnesses, it gives affirmation to
were charged with falsification of a public the fact that compliance with the essential
document. Constantino took advantage of his formalities required by law has been observed.
being a notary public for Laoag City and Ilocos It is made for the purpose of preserving in a
Norte, together with Teresita c. Saliganan, permanent form a record of the facts that
conspired, confederated and mutually helped attended the execution of a particular will, so
each other, cause to appear in the Last Will and that in case of failure of the memory of the
Testament executed by Severino C. Cabrales in attesting witnesses, or other casualty, such
favor of Teresita C. Saliganan. facts may still be proved.

12
An authentic attestation clause must not only Whether or not the attestation clause is valid.
contain the names of the instrumental
witnesses. Mere mention of their names in the RULING
attestation clause will not accurately represent
the fact of their attestation and subscription. YES. As was said in one case, "the object of the
Instead, the instrumental witnesses must also solemnities surrounding the execution of the
sign the instrument before it is notarized by the wills is to close the door against bad faith and
notary public. fraud, to avoid substitution of wills and
testaments and to guarantee their truth and
authenticity. Therefore the laws on this subject
Venzon v. Achacosco should be intrepreted in such a way as to attain
GR | Date this premordial ends. But on the other hand,
Chiu also one must not lose sight of the fact that it is
FACTS not the object of the law to restrain and curtail
the exercise of the right to make a will. So when
On January 19, 1946, Jose Venzon died in Iba, an interpretation already given assures such
Zambales, leaving a will. In said will the ends, any other interpretation whatsoever, that
deceased instituted as his heirs, Valentina adds nothing but demands more requisites
Cuevas, his widow and Rosario Asera Venzon, entirely unnecessary, useless and frustrative of
his daughter. He named therein his widow as the testator's will, must be disregarded."
executrix of the will. On February 1, 1946,
Valentina Cuevas filed a petition for the probate Tenefrancia v. Abaja
of said will. GR L2415 | July 31, 1950
Archival
On May 10, 1946, one Pilar Achacoso filed an FACTS
alternative petition for the probate of a previous The will executed by a certain Paula Toray in
will executed by the deceased praying therein 1943 was questioned for probate for failing to
that, if the will submitted by the widow be state in the attestation clause that the testatrix
rejected, the other will be admitted to probate signed the will in the presence of instrumental
in lieu thereof. In the previous will there are witnesses.
other heirs instituted, among them petitioner
Pilar Achacoso. Pilar Achacoso objected to the The petitioners however argued that the
probate of the second will executed by the attestation clause already stated that the
deceased on October 10, 1945. After due testatrix declared in the presence of three
hearing, the court found that the latter will was witnesses that the document in question was
executed in accordance with law and ordered her last will or testament (but again, no mention
that it be admitted to probate. Pilar Achacoso that it was signed in their presence) and thus
took the case to the Court of Appeals, but the this already meant that she signed it in the
latter certified it to this Court on the ground that presence of the witnesses.
it involves purely questions of law.
ISSUE
The main error assigned refers to the alleged WON an attestation clause which fails to state
lack of attestation clause in the will under that the testator signed the will in the presence
consideration, or to the fact that, if there is such of witnesses can be cured by substantial
attestation clause, the same has not been compliance. NO.
signed by the instrumental witnesses, but by
the testator himself, and it is claimed that this RULING
defect has the effect of invalidating the will.. Among the formalities prescribed by law to a
valid will is the requirement that the attestation
ISSUE clause should state "the fact that the testator

13
signed the will and every page thereof, or other. Neither do these facts appear in any
caused some other person to write his name, other part of the will. Statutes prescribing the
under his express direction, in the presence of formalities to be observed in the execution of
three witnesses." This requirement was not wills are very strictly construed. As stated in 40
complied with in the present case, for the Cyc., at page 1097, "A will must be executed in
attestation clause fails to state that fact. accordance with the statutory requirements;
otherwise it is entirely void.
This defect is not cured by proof aliunde, or
even by a judicial finding based upon such proof Moreover, the amendments introduced by Act
that the testator did in fact sign the will in the No. 2645 amending Sec. 618 of the Code of Civil
presence of the subscribing witnesses. Procedure are (a) that the will must now be
executed in a language or dialect known to the
Uy Coque v. Naves Sioca testator; (b) that the testator and witnesses
G.R. No. 17430 | May 31, 1922 must sign each page on the left margin; (c) that
Cagnan the pages be numbered correlatively; (d) that
FACTS: the attestation clause shall state the
number sheets or page used in the will and
This is an appeal from an order of the Court of (e) that it must appear from the attestation
First Instance of Samar, admitting a will to clause itself that the testator and witnesses
probate. The subject matter in this case is the signed in the form and manner required by law
validity of the will of the late Geronima Uy and that is this can no longer be proven by
Coque. The validity of the will is attacked on the evidence aliunde.
ground that the testatrix was mentally
incapacitated at the time of its execution and on The purpose of requiring the number of sheets
the further ground that it was not executed on to be stated in the attestation clause is obvious;
the form prescribed by section 618 of the Code the document might easily be so prepared that
of Civil Procedure as amended by Act No. 2645. the removal of a sheet would completely change
the testamentary dispositions of the will and in
The formal defects of the will in question occur the absence of a statement of the total number
in its attestation clause which, in translation, of sheets such removal might be effected by
read as follows: taking out the sheet and changing the numbers
at the top of the following sheets or pages. If,
We, the undersigned witnesses of this will, state on the other hand, the total number of
that it has been shown to us by the testatrix as sheets is stated in the attestation clause
her last will and testament. And as she cannot the falsification of the document will
sign her name, she asked that Mr. Filomeno involve the inserting of new pages and the
Piczon sign her name in the presence of each of forging of the signatures of the testator
us, and each of us, the witnesses, also signed in and witnesses in the margin, a matter
the presence of the testatrix. attended with much greater difficulty
hence making the falsification of a will
ISSUE: more difficult.
WON the said will complied with the formalities
in the due execution of a will despite failure to Thus, the defect in the attestation clause of the
indicate the number of pages of the will in the alleged will renders it null and void and such
attestation clause cannot be admitted to probate.

RULING: In Re: Will of Andrada

It can be noted in the case at bar that the G.R. No. 16008 | September 29, 1921
attestation clause does not state the number of Boycillo
pages contained in the will nor does it state that
the witnesses signed in the presence of each

14
FACTS: Lucina Andrada died on June 5, 1919, evident purpose being to safeguard the
in the Municipality of Capiz, Province of Capiz; document from the possibility of the
and soon thereafter a petition was presented to interpolation of additional pages or the omission
the Court of First Instance of Capiz by Lucila of some of the pages actually used.
Arce to establish a document purporting to be
the last will and testament of the deceased. It is true that this point is also safeguarded by
the other two requirements that the pages shall
Judge Antonio Villareal declared that the be consecutively lettered and that each page
document in question had not been executed in shall be signed on the left margin by the testator
conformity with section 618 of the Code of Civil and the witnesses. In the light of these
Procedure, as amended by Act No. 2645 of the requirements it is really difficult to see any
Philippine Legislature, which requires that each practical necessity for the additional
and every page of the will shall be numbered requirement that the attesting clause shall state
correlatively in letters and that the attesting the number of sheets or pages used.
clause shall state the number of sheets or Nevertheless, it cannot be denied that the
pages used. He therefore refused to admit the last mentioned requirement affords
purported will to probate. additional security against the danger that
the will may be tampered with; and as the
The attesting clause of the will in question is Legislature has seen fit to prescribe this
incorporated in the will itself, constituting the requirement, it must be considered material.
last paragraph thereof; and its defect consists
in the fact that it does not state the number In two cases we have held that the failure to
of sheets or pages upon which the will is comply with the strict requirements of this law
written, though it does state that the testatrix does not invalidate the instrument, but the
and the instrumental witnesses signed on every irregularities presented in those cases were
page, as is in fact obvious from an inspection of entirely trivial, the defect in one case being that
the instrument. Each of the pages moreover a will in which the dispositive part consisted of
bears successively the Visayan words, "isa," a single sheet was not signed in the margin in
"duha," "tatlo," "apat," "lima," which mean addition to being signed at the bottom (In re will
respectively "one," "two," "three," "four," "five," of Abangan, 40 Phil., 476); in the other, that the
Visayan being the dialect in which the pages comprising the body of the will were
instrument is written. signed by the testator and witnesses on the
right margin instead of the left (Avera v. Garcia
ISSUE: Whether or not failure to state the and Rodriguez, p. 145, ante). In the case now
number of pages in the attestation clause is a before us the defect is, in our opinion, of
fatal defect? more significance.

RULING: YES. A document purporting to be the NOTE: In Atty’s ppt: “In In re: Will of Andrada,
will of a deceased person cannot be admitted to the Court deemed the failure to state the
probate where the attesting clause fails to state number of pages in the attestation clause, fatal.
the number of sheets or pages in the will. Both pronouncements were, however, made
prior to the effectivity of the Civil Code on
Without deciding in this case whether the will in August 30, 1950. (Mitra v. Sablan-Guevarra,
question is rendered invalid by reason of the G.R. No. 213994, [April 18, 2018])”
manner in which the pages are numbered, the
court is unanimous upon the point that the Singson v. Florentino
defect pointed out in the attesting clause is GR | Date
fatal. Beluan

The law plainly says that the attestation shall FACTS

state the number of sheets or pages used, the

15
The appointed executor of the estate of the FACTS: The trial court disallowed the will for
deceased Leona Singson filed a petition for the want of formality in its execution because the
probate of the will she left. The said petition was will was signed at the bottom of the page solely
opposed by the grandniece of the decedent by the testratrix and at the left hand margin by
contending that the said will was not executed three instrumental witnesses.
in accordance with the formalities set forth by
law. They alleged that the said will is defective ISSUE: WON the will should be allowed to be
for having failed to state the number of pages probated.
in the attestation clause.
RULING: Yes. The SC held that the objects of
ISSUE attestation and subscription in the present case
when the instrumental witnesses signed at the
WON the said will is valid despite its failure to left margin of the sole page which contains all
indicate the number of pages in the attestation testamentary dispositions, especially so when
clause as required by law? the wills was properly identified by the
subscribing witness to be the same will executed
RULING by the testratrix and that the failure of the
attestation clause to state the the number of of
Yes, the said will is still valid. pages used in writing the will would have been
a fatal defect were it not for the fact that it is
The NCC requires that the attestation clause really and actually composed of only two pages
shall state the number of pages or sheets upon duly signed by the testratrix and her
which the will is written. This requirement has instrumental witnesses.
been held to be mandatory as an effective
safeguard against the possibility of interpolation
or omission of some of the pages of the will to Echavez v. Dozen Construction
the prejudice of the heirs to whom the property G.R. No. 192916 | October 11, 2010
is intended to be bequeathed. Failure to state Baddong
the number of pages in the attestation clause
FACTS
will generally invalidate the will. But if such
deficiency can be supplied with or answered by
Vicente donated lots to and was accepted by
examining the will itself, then such will is
Manuel (through a Deed of Donation Mortis
considered to have substantially complied with
Causa), but he executed a Contract to Sell over
the requirements set forth by law.
the same lots in favor of Dozen Corporation.
Deeds of Absolute Sale were executed over the
In the case at bar, the attestation clause does
same properties covered by the previous
not state the number of sheets or pages upon
Contract to Sell.
which the will is written, however, the last part
of the body of the will contains a statement that
When Vicente died, Cabanig, his nephew, filed a
it is composed of eight pages, which
petition for the settlement of Vicente’s intestate
circumstance takes this case out of the rigid rule
estate, while Manuel filed a petition to approve
of construction and places it within the realm of
Vicente’s donation mortis causa in his favor and
similar cases where a broad and more liberal
an action to annul the contracts of sale Vicente
view has been adopted to prevent the will of the
executed in favor of Dozen Corporation which
testator from being defeated by purely technical
were jointly heard.
considerations.

RTC dismissed Manuel’s petitions. It found that

Taboada v. Hon. Rosal
the execution of a Contract to Sell in favor of
GR | Date
Dozen Corporation, after Vicente had donated
Bantiquete
the lots to Manuel, was an equivocal act that
revoked the donation. CA affirmed the RTC’s

16
decision by saying that since the subject ATTESTATION AND ACKNOWLEDGEMENT
donation was a donation mortis causa, ARE TWO SEPARATE PARTS OF A WILL
compliance with the formalities for the validity
of wills should have been observed. However, Even granting that the Acknowledgment
the deed of donation did not contain an embodies what the attestation clause requires,
attestation clause; hence, void. we are not prepared to hold that an attestation
clause and an acknowledgment can be merged
The Petition for Review on Certiorari in one statement. That the requirements of
Manuel claims that the CA should have applied attestation and acknowledgment are embodied
the rule on substantial compliance in the in two separate provisions of the Civil Code
construction of a will to Vicente’s donation (Articles 805 and 806, respectively) indicates
mortis causa. He insists that the strict that the law contemplates two distinct acts that
construction of a will was not warranted in the serve different purposes. An acknowledgment is
absence of any indication of bad faith, fraud, or made by one executing a deed, declaring before
substitution in the execution of the Deed of a competent officer or court that the deed or act
Donation Mortis Causa. He argues that the CA is his own. On the other hand, the attestation of
ignored the Acknowledgment portion of the a will refers to the act of the instrumental
deed of donation, which contains the "import witnesses themselves who certify to the
and purpose" of the attestation clause required execution of the instrument before them and to
in the execution of wills. the manner of its execution.

ISSUE Although the witnesses in the present case

WON the Rule on Substantial Compliance acknowledged the execution of the Deed of
applies in the case at bar. Donation Mortis Causa before the notary public,
this is not the avowal the law requires from the
RULING instrumental witnesses to the execution of a
NO. decedent’s will. An attestation must state all the
details the third paragraph of Article 805
The CA correctly declared that a donation mortis requires. In the absence of the required avowal
causa must comply with the formalities by the witnesses themselves, no attestation
prescribed by law for the validity of wills, clause can be deemed embodied in the
"otherwise, the donation is void and would Acknowledgement of the Deed of Donation
produce no effect." Articles 805 and 806 of the Mortis Causa.
Civil Code should have been applied.
Finding no reversible error committed by the
As the CA correctly found, the purported CA, the Court hereby DENIES Manuel’s petition
attestation clause embodied in the for review on certiorari.
Acknowledgment portion does not contain the
number of pages on which the deed was written. Bonilla v. Aranza
The exception to this rule in Singson v. GR L-58509 | Dec. 7, 1982
Florentino and Taboada v. Hon. Rosal, cannot Arendain
be applied to the present case, as the facts of
this case are not similar with those of Singson FACTS: Marcela Rodelas filed a petition for
and Taboada. In those cases, the Court found probate of the will of Ricardo Bonilla and for the
that although the attestation clause failed to issuance of letters testamentary in her favor.
state the number of pages upon which the will Opposition to said petition was based on the
was written, the number of pages was stated in main ground that the alleged holographic will
one portion of the will. This is not the factual was not presented but only a copy thereof. The
situation in the present case. lower court dismissed the petition for probate of
Bonilla’s will on its ruling that “once the original

17
copy of the holographic will is lost, a copy
thereof cannot stand in lieu of the original”.

ISSUE: Whether a holographic will which was

lost or cannot be found can be proved by means
of a photostatic copy.

RULING: If the holographic will has been lost

or destroyed and no other copy is available, the
will can not be probated because the best and
only evidence is the handwriting of the testator
in said will. It is necessary that there be a
comparison between sample handwritten
statements of the testator and the handwritten
will. But, a photostatic copy of the holographic
will may be allowed because comparison can be
made with the standard writings of the testator.

In Footnote 8 of Gan v. Yap, the Court said that

“Perhaps it may be proved by a photographic or
photostatic copy. Even a mimeographed or
carbon copy; or by other similar means, if any,
whereby the authenticity of the handwriting of
the deceased may be exhibited and tested
before the probate court.” Evidently, the
photostatic copy of the lost or destroyed
holographic will may be admitted because then
the authenticity of the handwriting of the
deceased can be determined by the probate
court.

18