Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 633 views

    Lopez vs. Lopez at - @

    Uploaded by

    Jayhze Dizon
    1. Enrique Lopez executed a will in 1996 designating his son Richard as executor. After Enrique's death in 1999, Richard petitioned to probate the will but his sisters Diana, Marybeth, and Victoria opposed it. 2. The trial court disallowed the will, finding it did not comply with the legal requirement that the attestation clause state the correct number of pages. While the attestation said the will was 7 pages, it was actually 8 pages. 3. The Supreme Court upheld this decision, noting that Article 805 of the Civil Code clearly and mandatorily requires the attestation to state the accurate number of pages to safeguard against changes to the will.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Lopez vs. Lopez at - @

    Uploaded by

    Jayhze Dizon
    633 views1 page
    1. Enrique Lopez executed a will in 1996 designating his son Richard as executor. After Enrique's death in 1999, Richard petitioned to probate the will but his sisters Diana, Marybeth, and Victoria opposed it. 2. The trial court disallowed the will, finding it did not comply with the legal requirement that the attestation clause state the correct number of pages. While the attestation said the will was 7 pages, it was actually 8 pages. 3. The Supreme Court upheld this decision, noting that Article 805 of the Civil Code clearly and mandatorily requires the attestation to state the accurate number of pages to safeguard against changes to the will.

    Original Description:

    aa case digest

    Original Title

    Lopez vs. Lopez @_@

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. Enrique Lopez executed a will in 1996 designating his son Richard as executor. After Enrique's death in 1999, Richard petitioned to probate the will but his sisters Diana, Marybeth, and Victoria opposed it. 2. The trial court disallowed the will, finding it did not comply with the legal requirement that the attestation clause state the correct number of pages. While the attestation said the will was 7 pages, it was actually 8 pages. 3. The Supreme Court upheld this decision, noting that Article 805 of the Civil Code clearly and mandatorily requires the attestation to state the accurate number of pages to safeguard against changes to the will.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    633 views1 page

    Lopez vs. Lopez at - @

    Uploaded by

    Jayhze Dizon
    1. Enrique Lopez executed a will in 1996 designating his son Richard as executor. After Enrique's death in 1999, Richard petitioned to probate the will but his sisters Diana, Marybeth, and Victoria opposed it. 2. The trial court disallowed the will, finding it did not comply with the legal requirement that the attestation clause state the correct number of pages. While the attestation said the will was 7 pages, it was actually 8 pages. 3. The Supreme Court upheld this decision, noting that Article 805 of the Civil Code clearly and mandatorily requires the attestation to state the accurate number of pages to safeguard against changes to the will.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    In the matter of the petition for the probate of the last will and testament of Enrique S.

    Lopez, Richard B. Lopez, petitioner v. Diana Jeanne Lopez, Marybeth De Leon and
    Victoria Li Tuazon, respondents

    G.R. No. 189984 November 12, 2012 SECOND DIVISION

    Perlas-Bernabe J.:

    FACTS:
    Enrique Lopez executed a will on August 10, 1996, and thereafter died on June 21,
    1999, leaving his wife Wendy Lopez, and their four legitimate children, Richard Lopez
    petitioner herein, Diana Lopez, Marybeth Lopez, and Victoria Lopez respondents herein,
    all heirs in the estate left by the testator. In the contested will, Richard Lopez was
    designated as the executor of the estate.
    On September 27, 1999, Richard presented the will for probate in the RTC of Manila.
    Marybeth opposed and said opposition was adopted by the other heirs. Oppositors claim
    inter alia, that the will was not executed and attested as required by law and was procured
    by undue influence. After due hearing, the RTC disallowed the will for failure to comply
    with Article 805 of the NCC requiring a correct statement of the number of pages upon
    which the will was written in the attestation clause. Said RTC decision observed that the
    acknowledgment portion stated that the will consists of 7 pages including the page on
    which the ratification and acknowledgment are written but the actual total number of the
    pages is 8, including the acknowledgment portion. Richard then filed with the CA an appeal
    but in vain for which the latter court affirmed the decision of the RTC, hence the present
    petition.

    ISSUE:
    Whether the failure in stating the correct number of pages in the attestation clause renders
    the disallowance of the will.

    RULING:
    Yes. Article 805 of the NCC clearly provides:
    x x x
    x x x
    The attestation shall state the number of pages used upon which the will was written,
    and the fact that the testator signed the will and every page thereof, or caused some other
    person to write his name, under his express direction, in the presence of the instrumental
    witnesses, and that the latter witnessed and signed the will and all the pages thereof in the
    presence of the testator and of one another.
    x x x
    The SC held that the law is clear 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.
    It can also be noted that the provision is strictly observed due to the qualifying word
    shall indicating its mandatory character.

    You might also like