In re will of Ana Abangan. GERTRUDIS ABANGAN, executrix-appellee, vs.

ANASTACIA ABANGAN
ET AL., opponents-appellants.
G.R. No. 13431. November 12, 1919

Facts
On September 19, 1917, CFI Cebu admitted to probate Ana Abangan's will executed July, 1916. From
this decision the opponents appealed.

The questioned will consisted of 2 sheets. The first sheet, contained the testatrix’s disposition, signed by
Martin Montalban (in the name and under the direction of testatrix) and by three witnesses. The second
page, contains only the attestation clause signed at the bottom by the 3 witnesses, but this wasn’t signed
by the testatrix, nor was it numbered by letters. These omissions, according to appellants' contention, are
defects whereby the probate of the will should have been denied.

W/N the testatrix should sign the attestation clause when all the dispositive portion of her will is
embodied in one page.
HELD: NO.

In requiring that each and every sheet of the will should also be signed on the left margin by the testator
and three witnesses in the presence of each other, Act No. 2645 evidently has for its object, the body of
the will itself, to avoid the substitution of any of said sheets, thereby changing the testator's dispositions.
But when these dispositions are wholly written on only one sheet signed at the bottom by the
testator and three witnesses (as the instant case) referring specially to the signature of the testatrix,
we can add that same is not necessary in the attestation clause because this, as its name implies,
appertains only to the witnesses and not to the testator since the latter does not attest, but executes, the
will.

In other words, synthesizing our opinion, we hold that in a will consisting of two sheets the first of which
contains all the testamentary dispositions and is signed at the bottom by the testator and three witnesses;
and the second contains only the attestation clause and is signed also at the bottom by the three
witnesses, it is not necessary that both sheets be further signed on their margins by the testator
and the witnesses, or be paged. The testator's signature is not necessary in the attestation clause
because this, as its name implies, appertains only to the witnesses and not to the testator.

Reason:
The object of the solemnities surrounding the execution of wills is to close the door against bad faith and
fraud, to avoid substitution of wills and testaments and to guaranty their truth and authenticity. Therefore
the laws on this subject should be interpreted in such a way as to attain these primordial ends. But, on the
other hand, also one must not lose sight of the fact that it is not the object of the law to restrain and curtail
the exercise of the right to make a will. So when an interpretation already given assures such ends,
any other interpretation whatsoever, that adds nothing but demands more requisites entirely
unnecessary, useless and frustrative of the testator's last will, must be disregarded.

Furthermore, the circumstance appearing in the will itself that same was executed in the city of Cebu and
in the dialect of this locality where the testatrix was a neighbor is enough, in the absence of any proof to
the contrary, to presume that she knew this dialect in which her will is written.