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    Mitra Vs Sablan Guevarra

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    sally dee
    The Supreme Court reversed the Court of Appeals' decision and affirmed the trial court's ruling to allow the probate of Remedios Legaspi's notarial will. The last page of the will was a mere continuation of the acknowledgement, which does not require signatures. While the attestation clause did not state the number of pages, this information was provided in the acknowledgement without needing external evidence. Omitting the page count did not prevent the will's probate. The instrumental witnesses had signed every page except the last acknowledgement sheet, satisfying the legal requirements. The will substantially complied with formalities for notarial wills.

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    Mitra Vs Sablan Guevarra

    Uploaded by

    sally dee
    389 views2 pages
    The Supreme Court reversed the Court of Appeals' decision and affirmed the trial court's ruling to allow the probate of Remedios Legaspi's notarial will. The last page of the will was a mere continuation of the acknowledgement, which does not require signatures. While the attestation clause did not state the number of pages, this information was provided in the acknowledgement without needing external evidence. Omitting the page count did not prevent the will's probate. The instrumental witnesses had signed every page except the last acknowledgement sheet, satisfying the legal requirements. The will substantially complied with formalities for notarial wills.

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    Original Title

    Mitra-vs-Sablan-Guevarra

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    The Supreme Court reversed the Court of Appeals' decision and affirmed the trial court's ruling to allow the probate of Remedios Legaspi's notarial will. The last page of the will was a mere continuation of the acknowledgement, which does not require signatures. While the attestation clause did not state the number of pages, this information was provided in the acknowledgement without needing external evidence. Omitting the page count did not prevent the will's probate. The instrumental witnesses had signed every page except the last acknowledgement sheet, satisfying the legal requirements. The will substantially complied with formalities for notarial wills.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    389 views2 pages

    Mitra Vs Sablan Guevarra

    Uploaded by

    sally dee
    The Supreme Court reversed the Court of Appeals' decision and affirmed the trial court's ruling to allow the probate of Remedios Legaspi's notarial will. The last page of the will was a mere continuation of the acknowledgement, which does not require signatures. While the attestation clause did not state the number of pages, this information was provided in the acknowledgement without needing external evidence. Omitting the page count did not prevent the will's probate. The instrumental witnesses had signed every page except the last acknowledgement sheet, satisfying the legal requirements. The will substantially complied with formalities for notarial wills.

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    © All Rights Reserved
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    2021212

    MARGIE SANTOS MITRA, PETITIONER, VS. PERPETUA L. SABLAN-GUEVARRA,


    REMEGIO L. SABLAN, ET AL.
    G.R. No. 213994
    April 18, 2018

    Doctrine:
    The last page of the will is but a mere continuation of the Acknowledgement portion,
    which the testator and the witnesses are not required to sign.

    The omission of the number of pages in the attestation clause, this was supplied by the
    Acknowledgment portion of the will itself without the need to resort to extrinsic evidence. Such
    omission does not in any way serve as hindrance to probate.

    Facts:
    On June 26, 2006, Mitra (petitioner) filed a petition for the probate of the notarial will of
    Remedios Legaspi (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.
    Perpetua and Remegio (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.

    The RTC ruled in favor of Mitra. The probate court explained that the last page of the will
    is but a mere continuation of the Acknowledgement portion, which the testator and the
    witnesses are not required to sign. CA reversed the decision and adhered to the strict
    compliance of the rule in the attestation clause that the number of pages must be contained
    therein.

    Issue:
    Whether or not the last page of the will, which was a mere continuation of the
    Acknowledgement, must be signed by the instrumental witness to allow probate in compliance
    with Art. 805 of the NCC.

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

    Ruling:
    The Court REVERSED and SET ASIDE the decision of the CA and AFFIRMED the
    RTC.

    It is uncontested and can be readily gleaned that the instrumental witnesses signed on
    each and every page of the will, except the last page. Such being the case, the CA erred in
    concluding otherwise. There is no doubt that the requirement under the Article 805 of the Civil
    Code, which calls for the signature of the testator and of the instrumental witnesses on each
    and every page of the will on the left margin, except the last, was complied with.

    Legaspi's last will and testament has substantially complied with all the formalities
    required of a notarial will. It has been proven that Legaspi and the instrumental witnesses
    signed on every page of the will, except on the last, which refers to the Acknowledgment page.
    With regard to the omission of the number of pages in the attestation clause, this was supplied
    by the Acknowledgment portion of the will itself without the need to resort to extrinsic evidence.
    Contrary to the CA conclusion, such omission does not in any way serve as hindrance to
    probate.

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