Case Summary (G.R. No. 16008)
Applicable Law
The decision revolves around Section 618 of the Code of Civil Procedure, as amended by Act No. 2645. This provision mandates that any will must adhere strictly to specified formalities to be valid, including the requirement for a clear attesting clause.
Legal Proceedings and Findings
Upon presenting the petition for the will's probate, Judge Villareal determined that the document did not comply with the legal requirements outlined in the aforementioned section. Specifically, the will failed to indicate the number of sheets or pages on which it was written, although it confirmed that the testatrix and the instrumental witnesses signed each page. Despite the presence of Visayan words numerically labeling the pages, the absence of the specific number in the attesting clause was deemed a critical defect.
Court's Reasoning
The court emphasized that the inclusion of the number of sheets or pages in the attesting clause serves to prevent potential tampering, such as the addition or removal of pages from the will. While some protective measures are already established through the signing of each page and correlating numbers, the legislature's requirement for this specification is seen as a necessary precaution.
Comparison with Previous Cases
In previous rulings, the Supreme Court had allowed certain irregularities to be overlooked when determining the validity of wills. However, in those instances, the defects were minor compared to the more significant omission in the current case. The court referenced past decisions, including "In re will of Abangan" and "Avera vs. Garcia and Rodriguez," where less severe lapses were considered insignificant, illustrating
...continue readingCase Syllabus (G.R. No. 16008)
Case Citation
- G. R. No. 16008
- September 29, 1921
- 42 Phil. 180
Background of the Case
- Lucina Andrada passed away on June 5, 1919, in the Municipality of Capiz, Province of Capiz.
- Following her death, Lucila Arce filed a petition with the Court of First Instance of Capiz to establish a document she claimed was Lucina Andrada's last will and testament.
Initial Proceedings
- The petition was heard by Judge Antonio Villareal of the Court of First Instance of Capiz.
- The court found that the alleged will did not meet the execution requirements specified in section 618 of the Code of Civil Procedure, as amended by Act No. 2645.
Findings of the Court
- The court concluded that the will was not admissible for probate due to a defect in the attesting clause.
- The attesting clause failed to specify the number of sheets or pages on which the will was written, although it was indicated that both the testatrix and the witnesses signed each page.
- The pages of the will were numbered using Visayan words for numbers ("isa," "duha," "tatlo," "apat," "lima&qu