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IN MATTER OF PETITION FOR PROBATE OF LAST WILL v. DIANA JEANNE LOPEZ

FACTS:

Enrique S. Lopez (Enrique) died leaving his wife and four children. Before his death, he executed a Last Will and Testament and appointed his son Richard as his executor and administrator. Richard filed a petition for the probate of the will, but one of the children opposed it, arguing that the will was not executed and attested as required by law. The attesting witnesses testified that the will was properly executed, while the opposing party presented a witness who claimed that the notary public was not authorized at the time of execution.

ISSUES:

  1. Whether the will was executed and attested as required by law.

  2. Whether the failure to state the number of pages used in the attestation clause rendered the will invalid.

RULING:

  1. The Supreme Court held that the will was not executed and attested in accordance with the law. Article 805 of the Civil Code requires the attestation clause to state the number of pages used upon which the will is written. The purpose of this requirement is to prevent interpolation or omission of pages. Although Article 809 allows substantial compliance for defects in the form of the attestation clause, the Court found that the statement in the acknowledgment portion of the will, which mentioned 7 pages including the acknowledgment, did not constitute substantial compliance because the will was actually 8 pages long. The discrepancy could not be explained by examination of the will itself and required the presentation of extrinsic evidence. The Court also noted that the appeal should have been made through a record on appeal, as provided in Section 2(a), Rule 41 of the Rules of Court. Therefore, the Court affirmed the disallowance of the will and dismissed the appeal.

PRINCIPLES:

  • The attestation clause in a will must state the number of pages used upon which the will is written to prevent interpolation or omission of pages.

  • Substantial compliance with the requirements of the law is allowed for defects in the form of the attestation clause, but there must be no total omission of necessary information.

  • The appeals in special proceedings, such as the probate of a will, must be made through a record on appeal, as provided in Section 2(a), Rule 41 of the Rules of Court.