052 ABANGAN v.

ABANGAN (SUPRA)
G.R. No. L-13431; November 12, 1919
TOP!: The Attestation Clause
PON"NT": A#AN!"$A, J.
---
% re& '()) o* A%+ Ab+%,+%.
G"RTRU-S ABANGAN, executrix-appellee, #S.
ANASTA!A ABANGAN, "T AL., opponents-
appellants.
AUT.OR: JANNA
Signature of the Testatrix on a page that only has the
attestation clause is not necessary, because the testatrix does
not attest, but executes the will.
Signature by testatrix and witnesses on left argin are
unnecessary if they already signed at the botto of the page.
Nubering of the sheets is only necessary when the will is
coposed of se!eral pages, so that it can easily be told if
there"s a issing page. #n this case, there"s only $ pages, so if
one page was reo!ed, it would be ob!ious.
/A!TS&
1. 01)2 1913& The sub%ect docuent, the will of Ana Abangan, was executed.
2. Se45ember 19, 1916& C&# Cebu rendered a decision, aditting to probate the will in 'uestion. &ro this decision,
opponent-appelants (Anastacia Abangan et al.) appealed.
3. The docuent, 71)2 4rob+5e7 as Ana Abangan"s '()) , 8o%9(95 o* 5'o 9:ee59:

S.""T 1 S.""T 2
Contains +)) o* 5:e 7(94o9(5(o% of the testatrix
*uly signed at the botto by:
(+) ,artin ,ontalban (in the nae and under the
direction of the testatrix) and
($) by three witnesses.
Contains o%)2 5:e +55e95+5(o% 8)+19e
*uly signed at the botto by:
(+) the three instruental witnesses.

-. Ne(5:er of these sheets is 9(,%e7 o% 5:e )e*5 m+r,(% by the testatrix and the three witnesses, %or %1mbere7 b2 )e55er9.
/. A44e)+%59 A%+95+8(+: 0issions 1 7e*e859 2 3405AT6 of the will 9:o1)7 :+ve bee% 7e%(e7.
SSU"(S):
7hether the absence or oission of: (+) signatures on the left argin. and ($) nubering in letters on the upper part
of the two sheets (of the will) are defects that should ha!e resulted in the denial of the probate.
Whether the numbering in letters on the upper part of the sheet of the will in question is necessary in the attestation
clause ; Whether the signature of the testatrix and the witnesses on the left margin of the attestation clause is
necessary ;
."L-:
N0, the Court is of the opinion that the will was duly aditted to probate. (+) The re'uireent of a signature on the
left argin only applies to cases when a will is written on se!eral sheets and refers to the sheets which the testator and
the witnesses do not ha!e to sign at the botto. ($) 7hen all the dispositi!e parts are written on one sheet only,
nubering is unnecessary. These are also applicable to the attestation clause.
N0, these are foralities not re'uired by the statute.
RATO:
+. #n a will consisting of two sheets the first of which contains all the testaentary dispositions and is signed at the botto
by the testator and three witnesses and the second contains only the attestation clause and is signed also at the botto by
the three witnesses, it is not necessary that both sheets be further signed on their argins by the testator and the witnesses,
or be paged.
+. #n the 8attestation clause9 accopanying the will in 'uestion, the signatures of the testatrix and of the three witnesses on
the argin and the nubering of the pages of the sheet are foralities not re'uired by the statute.
$. ,oreo!er, referring specially to the signature of the testatrix, we can add that sae is not necessary in the attestation
clause because this, as its nae iplies, appertains only to the witnesses and not to the testator since the latter does not
attest, but executes, the will.
:. #n re'uiring that each and e!ery sheet of the will should also be signed on the left argin by the testator and three
witnesses in the presence of each other, Act No. $;-/ e!idently has for its ob%ect to a!oid the substitution of any of said
sheets, thereby changing the testator<s dispositions.
-. 7hen dispositions are wholly written on only one sheet signed at the botto by the testator and three witnesses, their
signatures on the left argin of said sheet would be copletely purposeless. #n re'uiring this signature on the argin, the
statute too= into consideration, undoubtedly, the case of a will written on se!eral sheets and ust ha!e referred to the
sheets which the testator and the witnesses do not ha!e to sign at the botto.
/. 7e cannot assue that the statute regards of such iportance the place where the testator and the witnesses ust sign on
the sheet that it would consider that their signatures written on the botto do not guaranty the authenticity of the sheet but,
if repeated on the argin, gi!e sufficient security.
;. #n re'uiring that each and e!ery page of a will ust be nubered correlati!ely in letters placed on the upper part of the
sheet, it is li=ewise clear that the ob%ect of Act No. $;-/ is to =now whether any sheet of the will has been reo!ed. 5ut,
when all the dispositi!e parts of a will are written on one sheet only, the ob%ect of the statute disappears because the
reo!al of this single sheet, although unnubered, cannot be hidden.
!AS" LA;< -O!TRN":
4eferring specially to the signature of the testatrix, we can add that sae is not necessary in the attestation clause
because this, as its nae iplies, appertains only to the witnesses and not to the testator since the latter does not
attest
The object of the solemnities surrounding the execution of wills is to close the door against bad faith and
fraud, to avoid substitution of wills and testaments and to guaranty their truth and authenticity. Therefore the
laws on this subject should be interpreted in such a way as to attain these primordal ends.
One must not lose sight of the fact that it is not the object of the law to restrain and curtail the exercise of the
right to make a will. So when an interpretation already given assures such ends, any other interpretation
whatsoever, that adds nothing but demands more requisites entirely unnecessary, useless and
frustative of the testator's last will, must be disregarded. lawphil.net