Taboada v. Rosal [G.R. No. L-36033 November 5, 1982]

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Taboada v. Rosal

G.R. No. L-36033

November 5, 1982, 118 SCRA 195

 

 SUBJECT: LAW ON WILLS AND SUCCESSION

Topic: Formalities of a Will; Attestation and Subscription of Witness

FACTS: A petition for probate was filed by Petitioner Apolonio Taboada before the Court of First Instance, attaching therewith the last will and testament of Dorotea Perez. The will, written in Cebuano-Visayan dialect, consisted of two (2) pages. The first page contains the entire testamentary dispositions and is signed at the bottom of the page by Dorotea alone, and at the left margin by three (3) witnesses. The second page contained the attestation clause and acknowledgement is signed at the end of the attestation by three (3) witnesses and at the left margin by Dorotea, it did not state the number of pages used in writing the will. Since no opposition was filed, the Court allowed the presentation of evidence.

 

The probate court denied the validity of the will. It ruled that Art. 805 of the Civil Code provides that for a notarial will to be valid, it is not enough that only the testatrix signs at the end of the page, but also the subscribing witnesses in the same place or at the end and of one another because attesting witnesses to a will attest not merely the will itself but also the signature of testator.

 

ISSUE: Whether or not the will is valid.

 

RULING: Yes.

 

As to the signatures. The requirement of subscription was fully satisfied, when the instrumental witnesses signed at the left margin of the sole page which contains all the testamentary dispositions, especially so when the will was properly identified by a subscribing witness to be the same will executed by the testatrix  . Clearly, Art. 805 of the Civil Code stated that the will must be subscribed or signed at its end by the testator, or by testator’s name written by another person in his presence, or by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. The signatures of the witnesses on the left margin of the first page of the will attested not only to the genuineness of the signature of the testatrix but also the due execution of the will as embodied in the attestation.

 

As to the number of pages, which was not mentioned in the attestation clause. This would have been a fatal defect were it not for the fact that, in this case, it is discernible from the entire will that it is really and actually composed of only two pages duly signed by the testatrix and her instrumental witnesses.

 

The first page which contains the entirety of the testamentary dispositions is signed by the testatrix at the end or at the bottom while the instrumental witnesses signed at the left margin. The other page which is marked as “Pagina dos” comprises the attestation clause and the acknowledgment. The acknowledgment itself states that “This Last Will and Testament consists of two pages including this page”. There is substantial compliance here, although not mentioned in the attestation clause itself, the omission can be cured or supplied by examining the will itself, without resorting to evidence aliunde (extrinsic evidence).

  

While perfection in the drafting of a will may be desirable, unsubstantial departure from the usual forms should be ignored, especially where the authenticity of the will is not assailed. Thus, the law is to be liberally construed in view of giving the testator more freedom in expressing his last wishes but with sufficient safeguards and restrictions to prevent commission of fraud.

 

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