Case Digest (G.R. No. 189984)
Facts:
- Case: "Lopez v. Lopez"
- Petitioner: Richard B. Lopez
- Respondent: Marybeth de Leon and Victoria L. Tuazon
- Context: Richard sought the probate of his father Enrique S. Lopez's Last Will and Testament.
- Date of Death: June 21, 1999
- Family: Enrique left behind his wife Wendy B. Lopez and four children: Richard, Diana Jeanne Lopez, Marybeth de Leon, and Victoria L. Tuazon.
- Will Execution Date: August 10, 1996
- Executor: Richard B. Lopez
- Initial Filing: September 27, 1999, before the Regional Trial Court (RTC) of Manila
- Opposition: Marybeth opposed citing improper execution and undue pressure; Victoria adopted this opposition.
- Trial Evidence: Richard presented attesting witnesses and the notary public, Atty. Perfecto Nolasco.
- Discrepancy: Discrepancy in the number of pages in the attestation clause.
- RTC Decision: Disallowed probate due to non-compliance with Article 805 of the Civil Code.
- CA Decision: Affirmed RTC’s decision.
- Present Petition: Richard filed a petition for review on certiorari.
Issue:
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Ruling:
- Non-Compliance: The Supreme Court ruled that the Last Will and Testament did not comply with the formal requirements of Article 805 of the Civil Code.
- Fatal Defect: The Court held that the discrepancy in the number of pages stated in the attestation clause was a fatal defect....(Unlock)
Ratio:
- Strict Compliance: The Supreme Court stressed the need for strict compliance with the formal requirements for the execution and attestation of wills as per Article 805 of the Civil Code.
- Attestation Clause: The attestation clause must state the exact number of pages to prevent interpolation or omission.
- Discrepancy: The discrepancy in the attestation clause (stating seven pages instead of eight) could not be resolved by examining the will alone and required extrinsic evidence, which is not allowed.
- Article 809: Substantial compliance under Article 809 is only permissible for defects verifiable by examining the document itself.
- Safeguards: The attestation clause must clearly mention the total number of pages and the presence of all required signatures to prevent forgery.
- Mode of Appeal: Richard used the wrong mode of a...continue reading
Case Digest (G.R. No. 189984)
Facts:
In the case of "Lopez v. Lopez," the petitioner, Richard B. Lopez, sought the probate of the Last Will and Testament of his father, Enrique S. Lopez, who passed away on June 21, 1999. Enrique left behind his wife, Wendy B. Lopez, and their four legitimate children: Richard, Diana Jeanne Lopez, Marybeth de Leon, and Victoria L. Tuazon. Enrique executed his Last Will and Testament on August 10, 1996, appointing Richard as the executor and administrator. On September 27, 1999, Richard filed a petition for probate before the Regional Trial Court (RTC) of Manila, with a prayer for the issuance of letters testamentary in his favor. Marybeth opposed the petition, arguing that the will was not executed and attested as required by law and was procured through undue and improper pressure by Richard. Victoria adopted Marybeth's opposition. During the trial, Richard presented the attesting witnesses and the notary public, Atty. Perfecto Nolasco, who testified to the proper execution and attestation of the will. The oppositors presented Gregorio B. Paraon, who initially questioned Atty. Nolasco's notary public status but later confirmed his commission. The RTC disallowed the probate of the will, citing non-compliance with Article 805 of the Civil Code due to a discrepancy in the number of pages stated in the attestation clause. The Court of Appeals (CA) affirmed the RTC's decision, leading Richard to fil...