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Probate Validity of Will in Mitra Case

The petitioner filed a petition to probate the notarial will of Remedios Legaspi. Respondents opposed the petition claiming the will was invalid for various technical reasons including that the last page containing the acknowledgement was not signed and the attestation clause failed to state the number of pages. The Supreme Court held that failure to state the number of pages in the attestation clause does not invalidate the will if it is proved the will was executed and attested in substantial compliance with the requirements. Since the number of pages was supplied in the acknowledgement portion, the will was valid and the petition was granted.

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764 views1 page

Probate Validity of Will in Mitra Case

The petitioner filed a petition to probate the notarial will of Remedios Legaspi. Respondents opposed the petition claiming the will was invalid for various technical reasons including that the last page containing the acknowledgement was not signed and the attestation clause failed to state the number of pages. The Supreme Court held that failure to state the number of pages in the attestation clause does not invalidate the will if it is proved the will was executed and attested in substantial compliance with the requirements. Since the number of pages was supplied in the acknowledgement portion, the will was valid and the petition was granted.

Uploaded by

Lara Cacal
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

213994, April 18, 2018


MARGIE SANTOS MITRA v. PERPETUA L. SABLAN-GUEVARRA, [Link].

FACTS:

On June 26, 2006, petitioner filed a petition for the probate of the notarial will of
Remedios Legaspi with prayer for issuance of letters testamentary before the RTC. It was
alleged that the petitioner is the de facto adopted daughter of Legaspi; that Legaspi, single,
died on December 22, 2004 in Caloocan City; that Legaspi left a notarial will, instituting the
petitioner, Orlando Castro, Perpetua Sablan Guevarra, and Remigio Legaspi Sablan, as her
heirs, legatees and devisees; that Legaspi left real and personal properties with the
approximate total value of P1,032,237.00; and that Legaspi named Mary Ann Castro as the
executor of the will. Respondents who claim to be Legaspi's legal heirs, opposed the
petition. They aver that the will was not executed in accordance with the formalities
required by law; that since the last page of the will, which contained the Acknowledgement,
was not signed by Legaspi and her instrumental witnesses, the will should be declared
invalid; that the attestation clause failed to state the number of pages upon which the will
was written; and that the will was executed under undue and improper pressure, thus,
Legaspi could not have intended the document to be her last will and testament.

ISSUE:

Whether or not the failure to state the number of pages comprising the will on the
attestation clause renders such will defective.

HELD:

No. The Court cited Singson vs. Florentino, wherein the Court adopted a more liberal
approach and allowed probate, even if the number of pages of the will was mentioned in
the last part of the body of the will and not in the attestation clause. This is to prevent the
will of the testator from being defeated by purely technical considerations. The substantial
compliance rule is embodied in the Civil Code as Article 809 provides that in the absence of
bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and
imperfections in the form of attestation or in the language used therein shall not render the
will invalid if it is proved that the will was in fact executed and attested in substantial
compliance with all the requirements of Article 805.

In this case, the failure to state the number of pages in the attestation clause, was
supplied by the Acknowledgment portion of the will itself without the need to resort to
extrinsic evidence. Thus, the petition was granted.

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