Mitra v. Sablan-Guevarra
REITERATIONFacts
The Antecedents: Petitioner Margie Santos Mitra filed a petition for the probate of the notarial will of Remedios Legaspi, alleging she was the de facto adopted daughter of the deceased. The will named petitioner, Orlando Castro, Perpetua Sablan Guevarra, and Remigio Legaspi Sablan as heirs and devisees, and Mary Ann Castro as executor. Respondents Perpetua L. Sablan-Guevarra and Remigio L. Sablan, claiming to be legal heirs, opposed the probate, asserting the will was not executed with the required legal formalities. They contended that the last page, containing the Acknowledgment, was not signed by the testator and witnesses, the attestation clause failed to state the number of pages, and the will was executed under undue influence. Procedural History: The Regional Trial Court (RTC), Branch 128 of Caloocan City, initially granted the petition for probate, finding the will duly executed and the testator of sound mind. The RTC reasoned that the last page was a mere continuation of the Acknowledgment and not required to be signed, and that the number of pages was stated in the Acknowledgment. The respondents appealed this decision to the Court of Appeals (CA). The CA reversed the RTC's decision, holding that the attestation clause must strictly state the number of pages and that a photocopy of the will submitted on appeal lacked the instrumental witnesses' signatures on each page, rendering the will invalid. The CA denied the petitioner's motion for reconsideration. The Petition: Petitioner Margie Santos Mitra filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the CA's decision and resolution. The petition argues that the CA erred in finding that the instrumental witnesses failed to sign each page of the will, asserting that the original copy clearly showed their signatures on every page except the last, and that a misleading photocopy was submitted to the CA. Petitioner also contends that the CA erred in ruling that the failure to state the number of pages in the attestation clause renders the will defective, citing substantial compliance as the number of pages was indicated in the Acknowledgment section of the will. The petition seeks to reinstate the RTC's decision admitting the will to probate.
Issue(s)
Whether the CA erred in finding that the instrumental witnesses to the will failed to sign on each and every page thereof on the left margin, except the last, as required under Article 805 of the Civil Code. Whether the CA erred in ruling that the failure to state the number of pages comprising the will on the attestation clause renders such will defective.
Ruling
The petition is GRANTED. The Decision dated May 22, 2013 and Resolution dated August 15, 2014 of the Court of Appeals in CA-G.R. CV No. 93671 are REVERSED and SET ASIDE. The Decision dated February 23, 2009 of the Regional Trial Court, Branch 128 of Caloocan City in SP. Proc. Case No. C-3450 is REINSTATED and AFFIRMED. The case is remanded to the trial court for further proceedings.
Ratio Decidendi
On the issue of instrumental witnesses' signatures: The Court found that the CA erred in concluding that the instrumental witnesses failed to sign on each and every page of the will, except the last. The petitioner argued that the original copy clearly showed the signatures on the left margin of every page, except the last, and that the respondents submitted an altered photocopy to the CA, which misled the appellate court. The respondents did not deny that the original copy bore the signatures but claimed the photocopier might have unintentionally excluded the left portion due to the binding. The Court held that it is uncontested that the instrumental witnesses signed on each and every page of the will, except the last page, thus complying with Article 805 of the Civil Code. The Court also clarified that the testator and witnesses are not required to sign the last page if it is merely a continuation of the Acknowledgment and contains no testamentary disposition. On the issue of the attestation clause and the number of pages: The Court acknowledged that the attestation clause failed to state the number of pages. However, it noted that prior rulings from Uy Coque and In re: Will of Andrada, which deemed such omissions fatal, were made before the effectivity of the Civil Code. Subsequently, in Singson v. Florentino, a more liberal approach was adopted. The Court emphasized that Article 809 of the Civil Code embodies the substantial compliance rule, which allows for the admission of a will despite defects in the form of the attestation or language used, provided there is no bad faith, forgery, fraud, or undue influence, and the will was executed and attested in substantial compliance with Article 805. In this case, the omission in the attestation clause was supplied by the Acknowledgment portion of the will itself, which stated that the will was composed of four pages, including the Acknowledgment. This was permissible as it did not require extrinsic evidence. Therefore, the will substantially complied with the requirements, and the CA erred in considering the omission a fatal flaw.
Main Doctrine
Substantial compliance with the formalities of a will, particularly regarding the attestation clause and witness signatures, may suffice for probate, provided defects are not due to bad faith, forgery, fraud, or undue influence, and can be supplied by examining the will itself.