G.R. No. 35586 - Ticson vs. Gorostiza

The case involves the will of the deceased Caridad Alcantara de Gorostiza, which consisted of two pages.
The attestation clause in the will contained the standard form language—including phrases such as “the testatrix, whose name is signed hereinabove” and “the foregoing will consisting of two pages as her Last Will and Testament, and has signed the same in our presence.”
A typographical error is noted where “publish” is used instead of “published,” though the overall form mirrors that found in established legal forms.

The probate of the will was denied by the trial court on the ground that the attestation clause did not expressly state that the testatrix signed every page of the will.
The underlying statutory requirement comes from section 618, as amended, of the Code of Civil Procedure, which mandates that the attestation clause indicate that the testator signed “the will and every page thereof” in the presence of the attesting witnesses.

The phrase “the testatrix, whose name is signed hereinabove” should not only refer to the signature at the end but also include the signatures on the margin of both pages.
The subsequent use of “the same” in the attestation clause refers to the two pages of the will, implying that the testatrix signed on every page.

The clause merely certifies that the testatrix signed the will (as a document) in the presence of the witnesses, without explicitly stating that she signed on every page.
The ambiguity in referencing “the same” fails to fulfill the statutory requirement of attesting the signature on all pages.

The attesting witnesses had also signed at the end of the attestation clause, and on each page as indicated by the clause.

The attestation clause is an exact transcription of a form from a recognized legal encyclopedia (Justice Fisher’s New Encyclopedia of Philippine Legal Forms), suggesting that such wording is used in other wills in the jurisdiction.
There exists a notable divergence in the interpretation of statutory language governing wills, with some courts adopting a strict construction and others a more liberal approach based on reason and the intent of the deceased.

Whether the attestation clause in the will meets the statutory requirements stipulated by section 618, as amended, of the Code of Civil Procedure.

Does the language “the testatrix, whose name is signed hereinabove” adequately imply that she signed every page of the will?
Does the use of the word “the same” refer to the entire document including every page, or merely to the will as a whole?
Can the overall wording and accompanying evidence in the instrument be interpreted as fulfilling the legal requirement without a strict literal recital of every formality?