MARGIE SANTOS MITRA vs.

 PERPETUA L. SABLAN-GUEVARRA, REMEGIO L. SABLAN, ET

AL.
G.R. No. 213994 April 18, 2018
Second Division / Reyes
Art. 805: Formalities of Wills

FACTS:

Remedios Legaspi died leaving a will. Margie Mitra, alleged adopted daughter filed a petition for the
issuance of letters testamentary. Perpetua Sablan-Guevarra and Remegio Sablan, who claims to be the
legal heirs of the testator opposed the petition on the ground that the last page of the will, which contained
the Acknowledgement, was not signed by Legaspi and her instrumental witnesses.

RTC ruled in favor of Mitra. The probate court explained that the last page of the will is but a mere
continuation of the Acknowledgement portion, which the testator and the witnesses are not required to
sign. In addition, RTC held that inasmuch as the number of pages upon which the will was written was
stated in the Acknowledgement, the will must be admitted to probate. CA reversed the decision and
adhered to the strict compliance of the rule in the attestation clause that the number of pages must be
contained therein.

ISSUE: W/n the last page of the will, which was a continuation of the acknowledgment, must be signed
by the instrumental witness to allow probate in compliance with Art 805 of the NCC

HELD/RATIO: NO.

Article 805 of the Civil Code requires the testator to subscribe at the end of the will, it necessarily refers
to the logical end thereof, which is where the last testamentary disposition ends. As the probate court
correctly appreciated, the last page of the will does not contain any testamentary disposition; it is but a
mere continuation of the Acknowledgment.
What is imperative for the allowance of a will despite the existence of omissions is that such
omissions must be supplied by an examination of the will itself, without the need of resorting to
extrinsic evidence. An examination of the will in question reveals that the attestation clause
indeed failed to state the number of pages comprising the will. However, as was the situation in
Taboada, this omission was supplied in the Acknowledgment.

FACTS: Margie Santos Mitra filed a petition for the probate of the notarial will of Remedios
Legaspi. Mitra alleged she is a de facto adopted daughter of Legaspi and Legaspi left a notarial
will instituting Mitra along with Orlando Castro, Perpetua Sablan-Guevarra, and Remigio
LegaspiSablan, as her heirs, legatees and devisees.

Perpetua Sablan-Guevarra and Remegio Sablan opposed the petition. They aver that the will was
not executed in accordance with the formalities required by law since the last page of the will
which contained the Acknowledgment was not signed by Legaspi and her instrumental
witnesses. Further the attestation clause failed to state the number of pages upon which the will
was written. The number of pages was however supplied by the Acknowledgment portion.

ISSUES:
1. Whether the failure to sign the last page of the will is fatal to the will’s validity (NO)
2. Whether the failure to state the number of pages in the attestation clause will invalidate
the will (NO)

RULING: 1. It is a skewed stance in insisting that the testator Legaspi and the instrumental
witnesses should have signed on the last page of the subject will. When Article 805 of the
Civil Code requires the testator to subscribe at the end of the will, it necessarily refers to the
logical end thereof, which is where the last testamentary disposition ends. As the probate
court correctly appreciated, the last page of the will does not contain any testamentary
disposition; it is but a mere continuation of the Acknowledgment.

2. In Taboada vs. Hon. Rosal, the Court allowed the probate of a will notwithstanding that
the number of pages was stated not in the attestation clause, but in the
Acknowledgment. In Azuela vs. CA, the Court ruled that there is substantial compliance
with the requirement, if it is stated elsewhere in the will how many pages it is comprised of.

What is imperative for the allowance of a will despite the existence of omissions is that such
omissions must be supplied by an examination of the will itself, without the need of resorting
to extrinsic evidence. "However, those omissions which cannot be supplied except by
evidence aliunde would result in the invalidation of the attestation clause and ultimately, of
the will itself."

An examination of the will in question reveals that the attestation clause indeed failed to state
the number of pages comprising the will. However, as was the situation in Taboada, this
omission was supplied in the Acknowledgment. It was specified therein that the will is
composed of four pages, the Acknowledgment included.