Apolonio Taboada vs Avelino

Rosal

118 SCRA 195 Succession Substantial Compliance

Dorotea Perez left a will. The will has two pages. On the first page, which contains the
entire testamentary dispositions, were the signatures of the three instrumental witnesses
and that of Dorotea Perez. The signatures of the three instrumental witnesses were on the
left margin while Perez signature was on the bottom. On the second page, which contains
the attestation clause and the acknowledgement, were the signatures of the three attesting
witnesses and that of Dorotea Perez. The attestation clause failed to state the number of
pages used in the will. Taboada petitioned for the admission to probate of the said will. The
judge who handled the petition was Judge Ramon Pamatian. He denied the petition.
Taboada filed a motion for reconsideration but Pamatian was not able to act on it because
he was transferred to another jurisdiction. The case was inherited by Judge Rosal who also
denied the MFR on the grounds that a) that the testator and the instrumental witnesses did
not all sign on the left margin of the page as prescribed by law; that the testator and the
witnesses should have placed their signature in the same place b) that the attestation
clause failed to state the number of pages used in writing the will this, according to Judge
Rosal violated the requirement that the attestation clause shall state the number of pages or
sheets upon which the will is written, which requirement has 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 the prejudice of the heirs to whom the property is intended to be
bequeathed.
ISSUE: Whether or not the will should be admitted to probate.
HELD: Yes. The law must be interpreted liberally.
Further, there is substantial compliance with the law. It would be absurd that the legislature
intended to place so heavy an import on the space or particular location where the
signatures are to be found as long as this space or particular location wherein the
signatures are found is consistent with good faith.
The failure to include in the attestation clause of the number of pages used in writing the will
would have been a fatal defect. But then again, the matter should be approached liberally.
There were only two pages in the will left by Perez. The first page contains the entirety of
the testamentary dispositions and 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. Further, the
acknowledgment itself states that This Last Will and Testament consists of two pages
including this page.