G.R. No.

L-3362 March 1, 1951

TESTATE estate of Carlos Gil, deceased. ISABEL HERREROS VDA. DE GIL, administratrix-appellee,
vs.
PILAR GIL VDA. DE MURCIANO, oppositor-appellant.

Facts

A last will and testament was executed by Carlos Gil, In 1945, before the will come up for probate, the
record, along with the will was destroyed by fire or looted necessitating its reconstitution. The parties
submitted a stipulation of the facts agreeing that the will as transcribed in the record appeal in another case
is true and correct copy. The CFI Manila admitted to probate the will of Carlos Gil.

Carlos Gil’s nephew and sister contended that the will is invalid since the attestation clause did not state
that the testator signed the will, it declared only that it was signed by the witnesses (Alfredo T. Rivera,
Ramon Mendiola and Mariano Omana)

Issue

Whether or not the will is valid?

Ruling.

No. It will be noted that the attestation clause above quoted does not state that the alleged testor signed
the will. It declares only that it was signed by the witnesses. This is a fatal defect, for the precise purpose of
the attestation clause is to certify that the testator signed the will, this being the most essential element of
the clause. Without it there is no attestation at all. It is said that the court may correct a mere clerical error.

The court held that the right to dispose of property by will is not natural but statutory, and statutory
requirements should be satisfied.

The right to make a testamentary disposition of one's property is purely of statutory creation, and is
available only upon the compliance with the requirements of the statute. The formalities which the
Legislature has prescribed for the execution of a will are essential to its validity, and cannot be disregarded

It has always been the policy of this court to sustain a will if it is legally possible to do so, but we cannot
break down the legislative barriers protecting a man's property after death, even if a situation may be
presented apparently meritorious.

The decision appealed from is reversed, denying the probate of the alleged will and declaring intestate the
estate of the deceased Carlos Gil.