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    Taboada vs. Rosal No. L-35033, November 5, 1982 (118 SCRA 195) Facts: RULING: No. Undoubtedly, Under Article 805 of

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    Jerwin Dave
    The Supreme Court ruled that the will was validly executed and should be admitted to probate. While perfection is desirable, unsubstantial departures from form should be ignored where authenticity is not in question. The law requires that the will be signed by the testator at the end and attested by three witnesses in the testator's presence. These requirements were met, as the testator signed the first page containing the full will and the witnesses signed the same page, sufficiently identifying it as the will executed by the testator in their presence. Their signatures were not required to be directly at the end, so long as the document's authenticity was established.

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    Taboada vs. Rosal No. L-35033, November 5, 1982 (118 SCRA 195) Facts: RULING: No. Undoubtedly, Under Article 805 of

    Uploaded by

    Jerwin Dave
    59 views1 page
    The Supreme Court ruled that the will was validly executed and should be admitted to probate. While perfection is desirable, unsubstantial departures from form should be ignored where authenticity is not in question. The law requires that the will be signed by the testator at the end and attested by three witnesses in the testator's presence. These requirements were met, as the testator signed the first page containing the full will and the witnesses signed the same page, sufficiently identifying it as the will executed by the testator in their presence. Their signatures were not required to be directly at the end, so long as the document's authenticity was established.

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    16. Taboada v. Rosal

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    The Supreme Court ruled that the will was validly executed and should be admitted to probate. While perfection is desirable, unsubstantial departures from form should be ignored where authenticity is not in question. The law requires that the will be signed by the testator at the end and attested by three witnesses in the testator's presence. These requirements were met, as the testator signed the first page containing the full will and the witnesses signed the same page, sufficiently identifying it as the will executed by the testator in their presence. Their signatures were not required to be directly at the end, so long as the document's authenticity was established.

    Copyright:

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

    Taboada vs. Rosal No. L-35033, November 5, 1982 (118 SCRA 195) Facts: RULING: No. Undoubtedly, Under Article 805 of

    Uploaded by

    Jerwin Dave
    The Supreme Court ruled that the will was validly executed and should be admitted to probate. While perfection is desirable, unsubstantial departures from form should be ignored where authenticity is not in question. The law requires that the will be signed by the testator at the end and attested by three witnesses in the testator's presence. These requirements were met, as the testator signed the first page containing the full will and the witnesses signed the same page, sufficiently identifying it as the will executed by the testator in their presence. Their signatures were not required to be directly at the end, so long as the document's authenticity was established.

    Copyright:

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

    Taboada vs. Rosal No.

    L-35033, November 5,
    1982 (118 SCRA 195)
    RULING: No. Undoubtedly, under Article 805 of
    FACTS: the Civil Code, the will must be subscribed or
    signed at its end by the testator himself or by the
     In the petition for probate, the petitioner testator's name written by another person in his
    Taboada attached the alleged last will and presence, and by his express direction, and
    testament of the late Dorotea Perez. Written in attested and subscribed by three or more credible
    Cebuano-Visayan dialect, the will consists of witnesses in the presence of the testator and of
    two pages. one another.
     The first page contains the entire testamentary
    dispositions and is signed at the end or bottom It must be noted that the law uses the terms
    of the page by the testatrix alone and at the left attested and subscribed. Attestation consists in
    hand margin by the three (3) instrumental witnessing the testator's execution of the will in
    witnesses. order to see and take note mentally that those
     The second page which contains the attestation things are done which the statute requires for the
    clause and the acknowledgment is signed at the execution of a will and that the signature of the
    end of the attestation clause by the three testator exists as a fact. On the other hand,
    attesting witnesses and at the left hand margin subscription is the signing of the witnesses'
    by the testatrix. names upon the same paper for the purpose of
     Since no opposition was filed after the identification of such paper as the will which was
    petitioner's compliance with the requirement of executed by the testator.
    publications, the trial court commissioned the Insofar as the requirement of subscription is
    branch clerk of court to receive the petitioner's concerned, the Court ruled that the will in this
    evidence. Accordingly, the petitioner submitted case was subscribed in a manner which fully
    his evidence and presented one of the satisfies the purpose of identification.
    subscribing witnesses to the will, who testified
    on its genuineness and due execution. The signatures of the instrumental witnesses on
     The trial court issued the questioned order the left margin of the first page of the will attested
    denying the probate of the will of Dorotea Perez not only to the genuineness of the signature of
    for want of a formality in its execution. In the the testatrix but also the due execution of the will
    same order, the petitioner was also required to as embodied in the attestation clause.
    submit the names of the intestate heirs with their
    While perfection in the drafting of a will may be
    corresponding addresses so that they could be
    desirable, unsubstantial departure from the usual
    properly notified and could intervene in the
    forms should be ignored, especially where the
    summary settlement of the estate.
    authenticity of the will is not assailed.
     The respondent Judge interprets Art. 805 of the
    NCC to require that, for a notarial will to be valid, The objects of attestation and of subscription
    it is not enough that only the testatrix signs at were fully met and satisfied in the present case
    the "end" but all the three subscribing witnesses when the instrumental witnesses signed at the left
    must also sign at the same place or at the end, margin of the sole page which contains all the
    in the presence of the testatrix and of one testamentary dispositions, especially so when the
    another because the attesting witnesses to a will will was properly identified by subscribing witness
    attest not merely the will itself but also the to be the same will executed by the testatrix.
    signature of the testator. It is not sufficient There was no question of fraud or substitution
    compliance to sign the page, where the end of behind the questioned order.
    the will is found, at the left hand margin of that
    page.
    ISSUE: W/N Article 805 of the Civil Code require
    that the testatrix and all the three instrumental
    and attesting witnesses sign at the end of the will
    and in the presence of the testatrix and of one
    another for the validity of a formal notarial will

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