Gil v. Murciano [G.R. No. L-3362, March 1, 1951]

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Gil v. Murciano

G.R. No. L-3362, March 1, 1951

 

SUBJECT: LAW ON WILLS AND SUCCESSION

Topic: Formalities of a Will; Attestation Clause

FACTS: Carlos Gil executed a last will and testament. However, this will was destroyed and needed to be reconstituted. The parties submitted a “stipulation of facts” in another case is “a true and correct copy”.

 

Opposition is based on the invalidity of the will. The attestation clause of the will of deceased, Carlos Gil does not state that the alleged testator signed the will. It declares only that it was signed by the witnesses. A second ground of attack on the questioned will is that the first page or sheet thereof does not bear the testator's signature.

 

ISSUE: Whether or not the will is valid despite the defective attestation clause.

 

RULING: The will is valid. It seems obvious that the missing phrase was left out from the copy. The problem posed by the omission in question is governed, not by the law of wills which require certain formalities to be fulfilled in the execution but by the rules of construction applicable to statutes and documents in general. The court may and should correct the error by supplying the omitted word or words.

 

Words omitted from a will may be supplied by the court whenever necessary to effectuate the testator's intention as expressed in the will: but not where the effect of inserting the words in the will would alter or defeat such intention, or change the meaning of words that are clear and unequivocal.

 

When the attestation clause is signed by the witnesses to the instruments, besides the testator, such attestation clause is valid and constitutes a substantial compliance with the provisions of section 1 of Act No. 2645, even though the facts recited in said attestation clause appear to have been made by the testator himself.

 

The case at hand, while there is an omission by witnesses to say that the testator signed the will in their presence, the testator said that he did in dispositive part of the will, and the witnesses by their signatures in the will itself, validated it. No extraneous proof was necessary and none was introduced or taken into consideration.

 

On the 2nd ground that the first page or sheet thereof does not bear the testator's signature. Both the testator and the attesting witnesses stated in the will and in the attestation clause, respectively, that the former signed both pages and sheets of the testament. The law is complied with.

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