Taboada v.

Rosal
Gutierrez,Jr. (Nov. 5, 1982)

Pet: Apolonio Tobadoa, for the probate of the will of Dorotea Perez
Res: Hon. Avelino S. Rosal, Judge CFI Leyte who denied the probate of the will for want of formality in
execvution.

Doctrine: Specific requirements for a Notarial Will may be liberally construed to prevent the will of the
testator from being defeated by purely technical considerations. Here, witness signatures at the margin
was sufficient compliance of the req. for attestation and subscription by 3credible witnesses.

Facts:
1. FILED: Probate of the will of Dorotea Perez, written in the Cebuano-Visayan Dialect consisting of two
pages. Page1: the entire testamentary dispositions and signed at the end by the testatrix. The
witnesses signed at the left hand margin. Page2:Attestation and acknowledgment, signed by the
testatrix at the left hand margin, signed by the three witnesses at the end.
2. The petitioner complied with the requirement of publication and no opposition was filed. Hence the
court commissioned the clerk of court to receive evidence which was accordingly presented.
3. CFI: J.Pamatian – DENIED the probate of the will for want of formality in execution. It also required
the petitioners to submit the names of the intestate heirs with their corresponding addresses so
that they could be properly notified and could intervene in the summary settlement of the estate.
4. Instead of complying Pet FILED: M for 30day period(extension) to deliberate. And the 10day period
of submitting the list be held in abeyance.
5. Pet FILED: MR – but was not acted upon by J.Pamatian coz he was transferred. And M for
Appointment of a Special Administrator.
6. New CFI J. Rosal (Resp.) – DENIED the MR as well as the motion because the pet failed to comply
with the order requiring him to submit the list of intestate heirs.
Hence pet filed the present petition.
Issue: w/n for the validity of a notarial will, does Art 805 NCC, require that BOTH the testatrix and the
3witnesses to sign at THE END of the will and in the presence of the testatrix and one another?
Decision: No. Liberal Construction, would permit the testatrix to sign at the end and the witnesses at the
margins.
1. Art 805 NCC provides:
Every will, other than a hol,ographic will, must be subscribed at the end thereof by the testator
himself or by the testator’s name written by sonme other person in his presence, and by his
express dirextion, and attested and subscribed by three or more credible witnesses in the
presence of the testator and one another…
2. Lower Court’s Stand: Both the testatrix and the witnesses should sign at the end.
Pet. Stand: Art 805 does not make it a condition precedent or a matter of absolute necessity for
witnesses to sign specifically at the end of the will after the signature of the testatrix.
3. Note that the law uses the terms attested and subscribed differently:
“Attestation” – witnessing the execution of the will
“Subscription” – is the signing of the witnesses names upon the same paper for the purpose of
identification of such paper as the will which was executed by the testator.l;…………….