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MARGIE SANTOS MITRA v. PERPETUA L. SABLAN-­GUEVARRA

FACTS:

Margie Santos Mitra filed a petition for the probate of the notarial will of Remedios Legaspi y Reyes (Legaspi) with the RTC. Mitra claimed to be the de facto adopted daughter of Legaspi, who died on December 22, 2004. Legaspi left a notarial will that named Mitra, Orlando Castro, Perpetua Sablan Guevarra, and Remigio Legaspi Sablan as heirs, legatees, and devisees. The will also designated Mary Ann Castro as the executor. Perpetua L. Sablan-Guevarra and Remigio L. Sablan opposed the petition, arguing that the will was not executed in accordance with the required formalities and that Legaspi did not intend it to be her last will and testament. The RTC admitted Legaspi's will for probate, stating that the last page was a continuation of the Acknowledgement and that the number of pages was stated in the Acknowledgement. The CA reversed the RTC's decision, ruling that the will should be declared invalid for failing to state the number of pages in the attestation clause and for lacking signatures of instrumental witnesses on each page. The respondents' motion for reconsideration was denied by the CA, prompting Mitra to file a Petition for Review on Certiorari.

ISSUES:

  1. Whether the instrumental witnesses to the will failed to sign on each and every page thereof on the left margin, except the last, as required under Article 805 of the Civil Code.

  2. Whether the failure to state the number of pages comprising the will on the attestation clause renders such will defective.

RULING:

  1. The Court held that a detailed examination of the factual findings of the CA is necessary to determine whether the instrumental witnesses failed to sign on each and every page of the will and whether the failure to state the number of pages in the attestation clause renders the will defective. However, due to the substantive merit of the case and the conflicting rulings of the RTC and CA, a relaxation of the procedural rules is warranted to prevent the commission of a grave injustice. A rigid application of the rules would result in the automatic invalidation of the will, which is not commensurate with the petitioner's failure to comply with proper procedures.

PRINCIPLES: