7/25/2019 Lopez vs Lopez Et Al.digest

1/2

Christine Joymarie Perias

Succession

IN THE MATTER OF THE PETITION FOR THE PROBATE OF THE LAST WILL AND TESTAMENT OF ENRIQUE S.

LOPEZ RICHARD B. LOPEZ vs. DIANA JEANNE LOPEZ, MARYBETH DE LEON and VICTORIA L. TUAZON

.R. N!. "#$$#% N!v&'(&) "*, *+"*

D!-)n&/The law is clear that the attestation must state the number of pages used upon which the will is written. The purpose ofthe law is to safeguard against possible interpolation or omission of one or some of its pages and prevent any increaseor decrease in the pages.

Fa-s/

Enrique S. Lopez (Enrique) died leaving his wie! "endy #. Lopez (Lopez)! and their our legitimate children! namely!petitioner $ichard! %iana! &ary'eth and ictoria as compulsory heirs. #eore Enriques death! he e*ecuted a Last "illand +estament and constituted $ichard as his e*ecutor and administrator.

$ichard iled a petition or the pro'ate o his ather,s Last "ill and +estament 'eore the $+C with prayer or the

issuance o letters testamentary in his avor. &ary'eth opposed the petition contending that the purported last will andtestament was not e*ecuted and attested as required 'y law! and that it was procured 'y undue and improper pressureand inluence on the part o $ichard. ictoria also adopted the said opposition.

-ter su'mitting proos o compliance with urisdictional requirements! $ichard presented the attesting witnesses!namely/ $eynaldo &anea0 $omulo &onteiro0 -na &aria Lourdes &analo (&analo)0 and the notary pu'lic whonotarized the will! -tty. Perecto 1olasco (-tty. 1olasco). +he instrumental witnesses testiied that ater the late Enriqueread and signed the will on each and every page! they also read and signed the same in the latter,s presence and oone another. Photographs o the incident were ta2en and presented during trial. &analo urther testiied that she wasthe one who prepared the drats and revisions rom Enrique 'eore the inal copy o the will was made.

Li2ewise! -tty. 1olasco claimed that Enrique had 'een his client or more than 34 years. +he latter consulted him in thepreparation o the su'ect will and urnished him the list o his properties or distri'ution among his children. 5eprepared the will in accordance with Enrique,s instruction and that 'eore the latter and the attesting witnesses signed itin the presence o one another! he translated the will! which was written in English to 6ilipino and added that Enrique

was in good health and o sound mind at that time.

$+C/ disallowed the pro'ate o the will or ailure to comply with -rticle 748 o the Civil Code which requires astatement in the attestation clause o the num'er o pages used upon which the will is written. 9t held that while -rticle74: o the same Code requires mere su'stantial compliance o the orm laid down in -rticle 748 thereo! the rule onlyapplies i the num'er o pages is relected somewhere else in the will with no evidence aliunde or e*trinsic evidence

required. "hile the ac2nowledgment portion stated that the will consists o ; pages including the page on which theratiication and ac2nowledgment are written! the $+C o'served that it has 7 pages including the ac2nowledgmentportion. -s such! it disallowed the will or not having 'een e*ecuted and attested in accordance with law.

C-/ ound no valid reason to deviate rom the indings o the $+C that the ailure to state the num'er o pages o thewill in the attestation clause was atal. 9t noted that while -rticle 74: o the Civil Code sanctions mere su'stantialcompliance with the ormal requirements set orth in -rticle 748 thereo! there was a total omission o such act in theattestation clause. &oreover! while the ac2nowledgment o the will made mention o

7/25/2019 Lopez vs Lopez Et Al.digest

2/2

H&1d/+he provisions o the Civil Code on 6orms o "ills! particularly! -rticles 748 and 74: o the Civil Code provide/

-$+. 748. Every will! other than a holographic will! must 'e su'scri'ed at the end thereo 'y the testator himsel or 'ythe testator,s name written 'y some other person in his presence! and 'y his e*press direction! and attested andsu'scri'ed 'y three or more credi'le witnesses in the presence o the testator and o one another.

+he testator or the person requested 'y him to write his name and the instrumental witnesses o the will! shall alsosign! as aoresaid! each and every page thereo! e*cept the last! on the let margin! and all the pages shall 'enum'ered correlatively in letters placed on the upper part o each page.

+he attestation shall state the num'er o pages used upon which the will is written! and the act that the testator signedthe will and every page thereo! or caused some other person to write his name! under his e*press direction! in thepresence o the instrumental witnesses! and that the latter witnessed and signed the will and all the pages thereo inthe presence o the testator and o one another.

-$+. 74:. 9n the a'sence o 'ad aith! orgery! or raud! or undue and improper pressure and inluence! deects andimperections in the orm o attestation or in the language used therein shall not render the will invalid i it is proved thatthe will was in act e*ecuted and attested in su'stantial compliance with all the requirements o -rticle 748.

"hile -rticle 74: allows su'stantial compliance or deects in the orm o the attestation clause! $ichard li2ewise ailedin this respect. +he statement in the -c2nowledgment portion o the su'ect last will and testament that it