Testacy Of Sixto Lopez. Jose S.

Lopez, Petitioner
V.
Agustin Liboro, Oppositor

FACTS: Don Sixto Lopezs last will and testament was allegedly not executed in all
particulars as required by law (the two-page will is not numbered and only affixed his
thumbmark, and not signed it. Lopez should have directed another person to sign if
Lopez suffered from partial paralysis), according to Liboro.

ISSUE
1. Is the will in correct form though the pages are unnumbered?
2. Is the will in correct form though he only affixed his thumbmark?

HELD
1. Yes. Omission of the number in the firstpage is still identified in the context of
the second page. To guard against fraud and substitution is the purpose of the
law in prescribing the paging of wills.
2. Yes. No form is specified in signing as long as the requirement of putting a
signature is satisfied in order to authenticate his will. The testator can freely
choose what mark he would use.