Abaya v.

Zalamero Doctrine: (1) Where it appears in a will that the testator has stated that by reason of his inability to sign his name he req ested one of the three witnesses present to do so! and that as a matter of fact! said witness wrote the name and s rname of the testator who! stating that the instr ment e"ec ted by him contained his last will! p t the sign of the cross between his said name and s rname! all of which details are set forth in a note which the witnesses forthwith s bscribed in the presence of the testator and of each other! said will may be probated. (#) $he fact that the witness who was req ested to sign the name of the testator! omitted to state the words %by the req est of the testator& when writing of his own hand the name and s rname of the said testator! and the fact that said witness s bscribed his name together with the other witnesses and not below the name of the testator! does not constit te a defect nor invalidate the said will. 'acts: $he testator! ( an Zalamero at his own req est! one of the witnesses to the will! )ariano Zag irre! wrote with his own hand the name and s rname of the testator! and his presence! and that the latter p t a cross between them and a note stating that what had been written before the name and s rname of the said ( an Zalamero! with the cross placed at the foot thereof! was his testament and contained his last will as stated by him when he directed the e"ec tion thereof in the presence of the three witnesses who s bscribed it in his presence! and in the presence of each other. Abaya filed a petition with the *'+ ,ag na! for the allowance of the will e"ec ted by ( an Zalamero. Donata Zalamero opposed the petition. $he co rt ref sed to admit the will of said ( an Zalamero. -ne of the main points being raised is that the said will was not e"ec ted and signed in accordance with the provisions of section .1/ of the *ode of *ivil 0roced re. +ss e: W-1 the will was e"ec ted with the req irements established by law. 2 ling: 3es. +t is tr e that the witness )ariano Zag irre! who was req ested by the testator to write his name and s rname at the end of his will! did not affi" his own signat re immediately below the name and s rname of ( an Zalamero and below the cross placed by the latter with the words 4by req est of the testator ( an Zalamero54 b t in the said will are clearly stated the reason why it was not signed by the testator himself as also the req est he made to the witness Zag irre! and a repetition thereof was not necessary5 f rther! that this same witness! pon being req ested! wrote with his own hand the name and s rname of the testator! who afterwards placed the cross between them! stating that it was his statement! all of which was written immediately after the said name and s rname of the testator and the cross made by him! and the same was s bscribed by the three witnesses in the manner provided by law. $he essential req isites prescribed by the above6mentioned section .1/ of the law have been complied with! namely! that three witnesses were present at the e"ec tion of the will of ( an Zalamero at the date mentioned therein5 that they heard his statement that the said

instr ment! written and drawn p nder his direction! contained his last will5 that they saw and witnessed when! at the e"press req est of the testator! and nder his direction! the witness! )ariano Zag irre! wrote at the foot of the will the name and s rname of ( an Zalamero! and when the latter p t the cross between his written name and s rname! each of the witnesses s bscribing it at the time and in the presence of each other. +n 2e: $estate 7state of 0etronila $ampoy Doctrine: 8tat tes providing for formalities to be observed in the e"ec tion of wills are very strictly constr ed. $he req irement regarding the signing on the left margin of each and every page of the will is mandatory and fail re to comply with it is fatal to the validity of the will 'acts: $his concerns the probate of a doc ment which p rports to be the last will and testament of one 0etronila $ampoy. $he trial co rt denied the petition on the gro nd that the left hand margin of the first page of the will does not bear the th mbmar9 of the testatri". 0etitioner appealed from this r ling b t the *o rt of Appeals certified the case to s beca se it involves p rely a q estion of law. $here being no opposition to the probate of the will. :owever! the trial co rt denied the petition on the gro nd that the first page of the will does not bear the th mbmar9 of the testatri". 0etitioner now prays that this r ling be set aside for the reason that! altho gh the first page of the will does not bear the th mbmar9 of the testatri"! the same however e"presses her tr e intention to give the property to her whose claims remains ndisp ted. 8he wishes to emphasi;e that no one has filed any opposition to the probate of the will and that while the first page does not bear the th mbmar9 of the testatri"! the second however bears her th mbmar9 and both pages were signed by the three testimonial witnesses. )oreover! despite the fact that the petition for probate is nopposed! the three testimonial witnesses testified and manifested to the co rt that the doc ment e"presses the tr e and vol ntary will of the deceased. +ss e: W-1 the will is valid. 2 ling: 1o. $his contention cannot be s stained as it r ns co nter to the e"press provision of the law. $h s! 8ection .1/ of Act 1<=! as amended! req ires that the testator sign the will and each and every page thereof in the presence of the witnesses! and that the latter sign the will and each and every page thereof in the presence of the testator and of each other! which req irement sho ld be e"pressed in the attestation cla se. $his req irement is mandatory! for fail re to comply with it is fatal to the validity of the will. $h s! it has been held that 48tat tes prescribing the formalities to be observed in the e"ec tion of wills are very strictly constr ed. A will m st be e"ec ted in accordance with the stat tory req irements5 otherwise it is entirely void. +n 2e: Andrada

Doctrine: $he law req ires that the attestation shall state the n mber of sheets or pages sed! the evident p rpose being to safeg ard the doc ment from the possibility of the interpolation of additional pages or the omission of some of the pages act ally sed. 'acts: , cina Andrada died in *api;5 thereafter! a petition was presented to *'+ by , cila Arce to establish a doc ment p rporting to be the last will and testament of the deceased. ( dge >illareal! declared that the doc ment in q estion had not been e"ec ted in conformity with the req irements of section .1/ of the *ode of *ivil 0roced re! that the attestation cla se does not state the n mber of sheets or pages pon which the will is written! tho gh it does state that the testatri" and the instr mental witnesses signed on every page! as is in fact obvio s from an inspection of the instr ment. 7ach of the pages moreover bears s ccessively the >isayan words! 4isa!4 4d ha!4 4tatlo!4 4apat!4 4lima!4 which mean respectively 4one!4 4two!4 4three!4 4fo r!4 4five!4 >isayan being the dialect in which the instr ment is written. +ss e: W-1 the will is valid. 2 ling: 1o. ?y section .1/ of the *ode of *ivil 0roced re! as amended by Act 1o. #.@A! it is req ired that each and every page of the will shall be n mbered correlatively in letters and that the attesting cla se shall state the n mber of sheets or pages sed. $he defect pointed o t in the attesting cla se is fatal. $he law plainly says that the attestation shall state the n mber of sheets or pages sed! the evident p rpose being to safeg ard the doc ment from the possiblity of the interpolation of additional pages or the omission of some of the pages act ally sed. +t is tr e that this point is also safeg arded by the other two req irements that the pages shall be consec tively lettered and that each page shall be singed on the left margin by the testator and the witnesses. +n light of these req irements it is really diffic lt to see any practical necessity for the additional req irement that the attesting cla se shall state the n mber of sheets or pages sed. 1evertheless! it cannot be denied that the last mentioned req irement affords additional sec rity against the danger that the will may be tampered with5 and as the ,egislat re has seen fit to prescribe this req irement! it m st be considered material. +n two cases we have held that the fail re to comply with the strict req irements of this law does not invalidate the instr ment! b t the irreg larities presented in those cases were entirely trivial! the defect in one case being that a will in which the dispositive part consisted of a single sheet was not signed in the margin in addition to being signed at the bottom (+n re will of Abangan! @= 0hil.! @B.)5 in the others! that the pages comprising the body of the will were signed by the testator and witnesses on the right margin instead of the left (Avera vs. Carcia and 2odrig e;! p. 1@A! ante). +n the case now before s the defect is! in o r opinion! of more significance5 and the r le here applicable is that en nciated in *araig vs. $atlonghari! 2.C. 1o. 1#AA/! decided )arch #D! 1<1/! not

reported! and (+n re estate of 8ag insim! @1 0hil.! /BA)! in each of which the will was held to be invalid. +t res lts that the trial E dge did not err in ref sing probate of the will! and the E dgment m st be affirmed. +t is so ordered! with costs against the appellant.