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Lopez v. Lopez, G.R. No. 189984, November 12, 2012.

14 Aug

[PERLAS-BERNABE, J.]

FACTS

The RTC disallowed the probate of the will for failure to comply with the required statement in the attestation clause as to the number of pages used upon which the will is written. While the acknowledgment portion stated that the will consists of 7 pages including the page on which the ratification and acknowledgment are written, the RTC observed that it has 8 pages including the acknowledgment portion. As such, it disallowed the will for not having been executed and attested in accordance with law.

 

ISSUE

Whether or not the discrepancy between the number of pages in the attestation clause and the actual number of pages in the will that would warrant its disallowance.

 

RULING

YES. The provisions of the Civil Code on Forms of Wills, particularly, Articles 805 and 809 of the Civil Code provide that the attestation must state the number of pages used upon which the will is written. The purpose of the law is to safeguard against possible interpolation or omission of one or some of its pages and prevent any increase or decrease in the pages. Here, the will actually consists of 8 pages including its acknowledgment which discrepancy cannot be explained by mere examination of the will itself but through the presentation of evidence aliunde.

 

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