Jacinto v. Mercado
REITERATIONFacts
1. The Antecedents: The case concerns a petition for the probate of the last will and testament of the deceased Lupo Mercado. The will was typewritten in Spanish on four sheets of legal-size paper, with writing on only one side of each sheet, and the pages were consecutively numbered 'uno,' 'dos,' 'tres,' and 'cuatro.' 2. Procedural History: The Court of First Instance of Rizal denied the petition for probate. The lower court's decision was based on its interpretation that the attestation clause should have stated that the pages used were numbered, rather than the sheets used, given that only one side of each sheet was utilized. 3. The Petition: The widow of the deceased, Remedios Jacinto, appealed the order of the Court of First Instance. She argued that the attestation clause sufficiently complied with Section 618 of the Code of Civil Procedure, contending that in the context of a typewritten document using only one side of each sheet, the terms 'page' and 'sheet' could be treated as identical for the purpose of the attestation clause.
Issue(s)
Whether the attestation clause of a typewritten will, which uses only one side of each sheet, is defective for stating the number of 'sheets' used instead of 'pages' used, when the pages are numbered correlatively. Whether the lower court erred in denying the probate of the will based on the alleged defect in the attestation clause.
Ruling
The Supreme Court reversed the order of the Court of First Instance, ordering that the will be admitted to probate. No costs were allowed.
Ratio Decidendi
On Issue 1: The Court held that the attestation clause stating the number of 'sheets' used, in a typewritten will where only one side of each sheet is used and the pages are numbered correlatively, is not defective. Section 618 of the Code of Civil Procedure provides that the attestation shall state the number of sheets or pages used. In this specific scenario, where a page used is effectively a sheet used, the distinction between the terms becomes immaterial. The Court emphasized that the crucial aspect is the correlative numbering and the clear indication of the extent of the document, which was satisfied. The situation would differ if writing appeared on both sides of the sheets, necessitating a clearer distinction between pages and sheets. On Issue 2: The Court found that the lower court erred in denying probate based on the alleged defect in the attestation clause. The Court's interpretation of Section 618 of the Code of Civil Procedure, as applied to the facts of the case, indicated substantial compliance with the legal requirements for the attestation clause. The case of Estate of Saguinsin was distinguished as it involved a handwritten will where only the first page of each sheet was numbered and signed, a situation different from the typewritten will presented here. Therefore, the will should have been admitted to probate.
Main Doctrine
The Court held that the attestation clause of a will, as required by Section 618 of the Code of Civil Procedure, must state the number of sheets or pages used. However, in cases where a typewritten will is prepared on only one side of each sheet, the attestation clause may validly refer to 'sheets' or 'pages' interchangeably, as they are effectively the same in such a context. This interpretation aims to uphold the validity of wills that substantially comply with the law's intent, provided the numbering is correlative and the testator's actions are duly attested.