G.R. No.
L-36033, November 05, 1982
IN THE MATTER OF THE
PETITION FOR THE PROBATE OF THE WILL OF DOROTEA PEREZ, (DECEASED):
APOLONIO TABOADA VS. HON. AVELINO S. ROSAL, AS
JUDGE OF THE COURT OF FIRST INSTANCE OF SOUTHERN LEYTE, (BRANCH III, MAASIN)
FACTS: In the petition for probate
filed with the respondent court, the petitioner attached the alleged last will
and testament of the late Dorotea Perez. Since no opposition was filed after
the petitioner's compliance with the requirement of publication, the trial
court commissioned the branch clerk of court to receive the petitioner's
evidence. The trial court, thru then Presiding Judge Ramon C. Pamatian issued
the questioned order denying the probate of the will of Dorotea Perez for want
of a formality in its execution.
ISSUE: Whether the will was executed in accordance with the
formality required by law.
RULING: Yes.
We have
examined the will in question and noticed that the attestation clause failed to
state the number of pages used in writing the will. This would have been a
fatal defect were it not for the fact that, in this case, it is discernible
from the entire will that it is really and actually composed of only two pages
duly signed by the testatrix and her instrumental witnesses. As earlier stated,
the first page which contains the entirety of the testamentary dispositions is
signed by the testatrix at the end or at the bottom while the instrumental
witnesses signed at the left margin. The other page which is marked as
"Pagina dos" comprises the attestation clause and the acknowledgment.
The acknowledgment itself states that "This Last Will and Testatment
consists of two pages including this page".
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