ose Lopez vs Liboro On July 17, 2012 0 0 81 PHIL 429 Succession Pagination of the Will Witnesses to a Will Language

uage of th e Will Thumb Mark as Signature In 1947, Don Sixto Lopez executed a will where Jose Lopez was named an heir. Agu stin Liboro questioned the validity of the said will based on the following grou nd, among others: 1. The first sheet, which is also the first page) is not paged either in lett ers or in Arabic numerals. 2. That the witnesses to the will provided contradictory statements. 3. That Don Sixto used his thumb mark to sign the will. 4. There was no indication in the will that the language used therein is know n by Don Sixto Lopez. ISSUE: Whether or not the will is valid. HELD: Yes, the will is valid. 1. The omission to put a page number on the first sheet, if that be necessary , is supplied by other forms of identification more trustworthy than the convent ional numeral words or characters. The unnumbered page is clearly identified as the first page by the internal sense of its contents considered in relation to t he contents of the second page. By their meaning and coherence, the first and se cond lines on the second page are undeniably a continuation of the last sentence of the testament, before the attestation clause, which starts at the bottom of the preceding page. Further, the first pages is captioned Testamento. 2. The contradictions in the testimony of the instrumental witnesses as are s et out in Liboros appelants brief are incidents not all of which every one of the witnesses can be supposed to have perceived, or to recall in the same order in which they occurred. 3. Don Sixto affixed his thumb mark to the instrument instead of signing his name. The reason for this was that he was suffering from partial paralysis. There is nothing curious or suspicious in the fact that the testator chose the use of mark as the means of authenticating his will. It was a matter of taste or prefer ence. Both ways are good. 4. There is no statutory requirement which prescribes that it must be express ly placed in the will that the testator knows the language being used therein. I t is a matter that may be established by proof aliunde.