Case Summary (G.R. No. 213994)
Petitioner’s Probate Petition and Opposition
On June 26, 2006, petitioner filed for probate of Legaspi’s notarial will and issuance of letters testamentary. Respondents opposed, alleging non-compliance with formalities under Civil Code Article 805—specifically, absence of testator’s and witnesses’ signatures on the last page, omission of the total page count in the attestation clause, and undue influence.
Regional Trial Court Ruling
By Decision dated February 23, 2009, Branch 128, RTC Caloocan City admitted the will to probate. The court held that signature on the last page is not required, that the attestation clause correctly stated the page count, and that respondents failed to prove undue influence. It set issuance of letters testamentary for hearing.
Court of Appeals Reversal
In its May 22, 2013 Decision, the CA reversed. It insisted on strict compliance with Article 805’s page-count declaration in the attestation clause and found that the photocopy before it lacked instrumental witnesses’ signatures on each page. A late motion for reconsideration was denied by resolution dated August 15, 2014.
Issues Presented
- Whether the CA erred in finding failure of instrumental witnesses to sign each page as mandated by Article 805, Civil Code.
- Whether omission of the total number of pages in the attestation clause renders the will invalid.
Supreme Court’s Procedural and Substantial Justice Approach
Applying the 1987 Constitution’s mandate to dispense justice on merits, the Court recognized that strict application of procedural rules must yield to substantial justice. Jurisprudence permits relaxation of procedural defects to avoid grave injustice, especially when conflicting factual findings exist between lower courts.
Compliance with Signature Requirement (Article 805)
Article 805 requires testator and three credible witnesses to sign every page except the last on the left margin. The original will (Exhibit L) clearly bears all required signatures; only the respondents’ photocopy excluded portions bound by the folder. Respondents do not dispute that the original complied. The CA’s contrary finding was based on an altered photocopy and thus manifestly erroneous.
Page-Count Declaration and Substantial Compliance (Ar
...continue readingCase Syllabus (G.R. No. 213994)
Antecedent Facts
- On June 26, 2006, petitioner Margie Santos Mitra filed with the Regional Trial Court (RTC), Branch 128, Caloocan City, a petition for the probate of the notarial will of Remedios Legaspi y Reyes, praying also for the issuance of letters testamentary.
- Petitioner alleged that she was the de facto adopted daughter of Legaspi, a single testatrix who died on December 22, 2004 in Caloocan City.
- Legaspi’s will, dated September 27, 2004, named petitioner, Orlando Castro, Perpetua Sablan Guevarra, and Remegio Legaspi Sablan as heirs, legatees, and devisees.
- The will covered real and personal properties valued at approximately ₱1,032,237.00 and appointed Mary Ann Castro as executor.
- Respondents Perpetua L. Sablan-Guevarra and Remegio L. Sablan, asserting their status as Legaspi’s legal heirs, opposed probate on grounds of noncompliance with formalities, lack of requisite signatures on the acknowledgement page, inadequate attestation clause (omitting the number of pages), and alleged undue influence.
Decision of the Regional Trial Court
- On February 23, 2009, the RTC admitted the will to probate, finding it duly executed by a sound-minded testatrix, free from duress, menace, undue influence, or fraud.
- The court held that the last page containing the acknowledgement need not bear signatures of the testatrix and witnesses, since it merely continued the acknowledgement portion.
- The RTC deemed the attestation clause sufficient because it stated the number of pages comprising the will.
- Allegations of u