Azuela v. CA [G.R. No. 122880, April 12, 2006]

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Azuela v. CA

G.R. No. 122880, April 12, 2006

 

SUBJECT: LAW ON WILLS AND SUCESSION

Topic: Formalities of a Will; Acknowledgment; Attestation Clause

 

FACTS: Petitioner Felix Azuela sought to admit to probate the notarial will of Eugenia E. Igsolo. However, this was opposed by Geralda Castillo, who was the attorney-in-fact of “the 12 legitimate heirs” of the decedent. According to her, the will was forged, and imbued with several fatal defects. Particularly, the issue relevant in this subject is that the will was not properly acknowledged. The notary public, Petronio Y. Bautista, only wrote “Nilagdaan ko at ninotario ko ngayong 10 ng Hunyo 10 (sic), 1981 dito sa Lungsod ng Maynila.” The number of pages were also not stated in the attestation, only a blank was there. The witnesses also did not sign under the attestation clause but only on the left hand margin of the page.

  

ISSUE: Whether or not the will is fatally defective.

  

RULING: Yes.

Issue on number of pages: no substantial compliance in this case because no statement in the attestation clause or anywhere else in the will itself as to the number of pages which comprises the will.

 

Issue on witnesses not signing under the attestation clause: the signatures to the attestation clause establish that the witnesses are referring to the statements contained in the attestation clause itself. The attestation clause is separate and apart from the disposition of the will. It is an act of the witnesses and they must sign below it.

 

Issue on acknowledgment: Acknowledgement is the act of one who has executed a deed in going before some competent officer and declaring it to be his act or deed. Moreover, will must be acknowledged and not merely subscribed and sworn to.

 

Yet even if we consider what was affixed by the notary public in the questioned documents is a jurat, the will would nonetheless remain invalid, as the express requirement of Article 806 is that the will be “acknowledged,” and not merely subscribed and sworn to. The will does not present any textual proof, much less one under oath, that the decedent and the instrumental witnesses executed or signed the will as their own free act or deed. The acknowledgment made in a will provides for another all-important legal safeguard against spurious wills or those made beyond the free consent of the testator.

 

A notarial will that is not acknowledged before a notary public by the testator and the witnesses is fatally defective, even if it is subscribed and sworn to before a notary public.

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