Taboada vs Rosal The failure to include in the attestation clause of

the number of pages used in writing the will

Dorotea Perez left a will. The will has two pages. would have been a fatal defect. But then again,
On the first page, which contains the entire the matter should be approached liberally. There
testamentary dispositions, were the signatures of were only two pages in the will left by Perez. The
the three instrumental witnesses and that of first page contains the entirety of the
Dorotea Perez. The signatures of the three testamentary dispositions and signed by the
instrumental witnesses were on the left margin testatrix at the end or at the bottom while the
while Perez signature was on the bottom. On the instrumental witnesses signed at the left margin.
second page, which contains the attestation The other page which is marked as Pagina dos
clause and the acknowledgement, were the comprises the attestation clause and the
signatures of the three attesting witnesses and acknowledgment. Further, the acknowledgment
that of Dorotea Perez. The attestation clause itself states that This Last Will and Testament
failed to state the number of pages used in the consists of two pages including this page.
will. Taboada petitioned for the admission to
probate of the said will. The judge who handled
the petition was Judge Ramon Pamatian. He
denied the petition. Taboada filed a motion for
reconsideration but Pamatian was not able to act
on it because he was transferred to another
jurisdiction. The case was inherited by Judge
Rosal who also denied the MFR on the grounds
that a) that the testator and the instrumental
witnesses did not all sign on the left margin of
the page as prescribed by law; that the testator
and the witnesses should have placed their
signature in the same place b) that the
attestation clause failed to state the number of
pages used in writing the will this, according to
Judge Rosal violated the requirement that the
attestation clause shall state the number of pages
or sheets upon which the will is written, which
requirement has been held to be mandatory as
an effective safeguard against the possibility of
interpolation or omission of some of the pages of
the will to the prejudice of the heirs to whom the
property is intended to be bequeathed.

ISSUE: Whether or not the will should be

admitted to probate.

HELD: Yes. The law must be interpreted liberally.

Further, there is substantial compliance with the

law. It would be absurd that the legislature
intended to place so heavy an import on the
space or particular location where the signatures
are to be found as long as this space or particular
location wherein the signatures are found is
consistent with good faith.