Taboada VS Rosal

TABOADA VS.
ROSAL
G.R. No. L-36033. November 5, 1982
Facts
Apolonio Taborada filed for the probate of the will of the late Dorotea Perez and presented as evidence
the alleged will and the testimony of one of the subscribing witnesses thereto. The will consists of two
pages:
 The first page contains the entire testamentary dispositions and is signed at the end or bottom of
the page by the testatrix alone and at the left hand margin by the three (3) instrumental
witnesses.
 The second page which contains the attestation clause and the acknowledgment is signed at the
end of the attestation clause by the three attesting witnesses and at the left hand margin by the
testatrix.
Accordingly, the petitioner submitted his evidence and presented Vicente Timkang, one of the subscribing
witnesses to the will, who testified on its genuineness and due execution.
However, respondent judge disallowed the will for want of formality in its execution because the will was
signed at the bottom of the page solely by the testatrix and at the left hand margin by three instrumental
witnesses. Respondent judge interpreted Article 805 of the Civil Code to require that, for a notarial will to
be valid, it is not enough that only the testatrix signs at the "end" of the will but all the three subscribing
witnesses must also sign at the same place or at the end, in the presence of the testatrix and of one
another, because the attesting witnesses to the will attest not merely the will itself but also the signature
of the testator.
On the other hand, the petitioner maintains that Article 805 of the Civil Code does not make it a condition
precedent or a matter of absolute necessity for the extrinsic validity of the will that the signatures of the
subscribing witnesses should be specifically located at the end of the will after the signature of the
testatrix.
ISSUE 1: W/N Art. 805 of the Civil Code must be strictly construed in order for a will to be valid
HELD: No. Undoubtedly, under Article 805 of the Civil Code, the will must be subscribed or signed
at its end by the testator himself or by the testator's name written by another person in his
presence, and by his express direction, and attested and subscribed by three or more credible
witnesses in the presence of the testator and of one another.
It must be noted that the law uses the terms attested and subscribed. Attestation consists in witnessing
the testator's execution of the will in order to see and take note mentally that those things are done which
the statute requires for the execution of a will and that the signature of the testator exists as a fact. On the
other hand, 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.
In the case at bar, the objects of attestation and of subscription were fully met and satisfied in the present
case when the instrumental witnesses signed at the left margin of the sole page which contains all the
testamentary dispositions, especially so when the will was properly identified by subscribing witness
Vicente Timkang to be the same will executed by the testatrix. There was no question of fraud or
substitution behind the questioned order.
ISSUE 2: W/N the will is void for failure to state the number of pages used in writing the will.
HELD: NO.
This would have been a fatal defect were it not for the fact that, in this case, it is discernible from the
entire will that it is really and actually composed of only two pages duly signed by the testatrix and her
instrumental witnesses. [T]he first page which contains the entirety of the testamentary dispositions is
signed by the testatrix at the end or at the bottom while the instrumental witnesses signed at the left
margin. The other page which is marked as “Pagina dos” comprises the attestation clause and the
acknowledgment. The acknowledgment itself states that “This Last Will and Testament consists of two
pages including this page”.
While perfection in the drafting of a will may be desirable, unsubstantial departure from the usual forms
should be ignored, especially where the authenticity of the will is not assailed.
The law is to be liberally construed, "the underlying and fundamental objective permeating the provisions
on the law on wills in this project consists in the liberalization of the manner of their execution with the end
in view of giving the testator more freedom in expressing his last wishes but with sufficient safeguards
and restrictions to prevent the commission of fraud and the exercise of undue and improper pressure and
influence upon the testator. This objective is in accord with the modern tendency in respect to the
formalities in the execution of a will".

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