G.R. No. 48389 - Velez vs. Balzarza

The proceeding involves the probate of the last will and testament of the deceased Antonio Mojal, initiated by his surviving spouse, Filomena Nayve.
The probate was opposed by Leona Mojal (the deceased’s sister) and Luciana Aguilar (the deceased’s niece), who contested the will's validity.

The will, referred to as Exhibit A, is made up of four sheets, with written matter appearing on one side of each sheet.
The pages are sequentially numbered “Pag. 1,” “Pag. 2,” “Pag. 3,” and “Pag. 4.”
The execution details include:

On the first two pages, both the testator and the three witnesses signed on the left margin.
On the third page, while the three witnesses signed on the left margin, the testator signed near the middle of the page, at the end of the will just before the attestation clause.
On the fourth page, the testator signed on the left margin, whereas the witnesses signed at the bottom of the attestation clause instead of on the left margin.

The absence of uniformity in the placement of signatures (i.e., not all signatures appear on the left margin of every page).
The use of Arabic numerals for paging rather than letters, as might be expected under certain formal requirements.
The attestation clause does not explicitly state the number of sheets or pages composing the will, although that information is provided in the last paragraph of the will.
Questions raised on whether the testator signed all pages in the presence of the witnesses and whether the witnesses attested to all pages in each other’s presence.

The case of Avera vs. Garcia and Rodriguez (42 Phil. 145) was cited to support the notion that the placement of signatures (left or right margin) is not determinative of the validity of a will.
The case of Unson vs. Abella (43 Phil. 494) was noted to indicate that paging with Arabic numerals is acceptable and valid.

Although the attestation clause does not state the number of pages, the last paragraph of the will clearly mentions that the document is “composed of four sheets.”
The attestation clause confirms that the testator signed the will in the presence of the witnesses and that the witnesses signed in each other’s presence and in the presence of the testator.

The majority opinion affirmed the validity of the will and its probate, holding that the defects cited did not compromise the authentication and integrity of the document.
A dissenting opinion argued that the failure to state the number of sheets in the attestation clause is a critical defect that invalidates the will, emphasizing strict compliance with the statutory requirements.

Whether the deviation in the signature placement (i.e., signatures not uniformly on the left margin) undermines the validity of the will.
Whether the use of Arabic numerals instead of letters for paging amounts to a material defect under the law governing the execution of wills.
Whether the absence of the statement of the number of sheets or pages in the attestation clause invalidates the will, despite appearing in the main body of the document.
Whether the process of having the testator and witnesses sign each page—despite the noted deviations—satisfies the legal requirement of witnessing and attestation to prevent fraud.