Case Digest (G.R. No. 213994) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Margie Santos Mitra vs. Perpetua L. Sablan-Aguevarra, Remegio L. Sablan, et al. (G.R. No. 213994, April 18, 2018), petitioner Margie Santos Mitra, claiming to be the de facto adopted daughter of testatrix Remedios Legaspi y Reyes who died on December 22, 2004 in Caloocan City, filed on June 26, 2006 before RTC Branch 128, Caloocan City, a petition to probate Legaspi’s notarial will and for issuance of letters testamentary to the named executor. The will purportedly disposed of real and personal properties worth ₱1,032,237.00 in favor of Mitra, Orlando Castro, Perpetua Sablan-Guevarra, and Remegio Sablan. Respondents, as alleged legal heirs, opposed the petition on grounds that (a) the last page containing the Acknowledgment was unsigned, (b) the attestation clause did not state the number of pages, and (c) the will was executed under undue influence. The RTC on February 23, 2009 admitted the will to probate, finding all formalities met, including signature requirements and Case Digest (G.R. No. 213994) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Antecedent Facts
- On June 26, 2006, Margie Santos Mitra (petitioner) filed a petition for probate of the notarial will of Remedios Legaspi y Reyes, alleging:
- Legaspi died single on December 22, 2004, leaving real and personal properties valued at ₱1,032,237.00.
- The will named petitioner, Orlando Castro, Perpetua Sablan Guevarra, and Remegio Legaspi Sablan as heirs, legatees, and devisees, and named Mary Ann Castro as executor.
- Respondents Perpetua L. Sablan-Guevarra and Remegio L. Sablan opposed, contending:
- The last page containing the Acknowledgement was unsigned by Legaspi and the witnesses.
- The attestation clause failed to state the number of pages.
- The will was executed under undue influence.
- RTC Decision (February 23, 2009)
- The Regional Trial Court, Branch 128 of Caloocan City, admitted the will to probate, holding that:
- The will was duly executed, with testatrix of sound mind and free from undue influence.
- The last page was a continuation of the Acknowledgement and not required to be signed.
- The attestation clause stated the total number of pages.
- CA Decision (May 22, 2013; Resolution August 15, 2014)
- The Court of Appeals reversed the RTC, finding that:
- The instrumental witnesses did not sign each and every page on the left margin, violating Article 805 of the Civil Code.
- The attestation clause failed to state the number of pages, a fatal defect.
- A motion for reconsideration was denied as filed one day late.
Issues:
- Whether the CA erred in finding that the instrumental witnesses failed to sign each and every page of the will, as required by Article 805 of the Civil Code.
- Whether the CA erred in ruling that the failure to state the number of pages in the attestation clause renders the will invalid.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)