APOLONIO TABOADA VS. HON. AVELINO S. ROSAL

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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