MARGIE SANTOS MITRA vs. PERPETUA L. SABLAN-GUEVARRA, REMEGIO L.

SABLAN, ET
AL.
G.R. No. 213994 April 18, 2018
Second Division / Reyes
Art. 805: Formalities of Wills

FACTS:

Remedios Legaspi died leaving a will. Margie Mitra, alleged adopted daughter filed a petition for the
issuance of letters testamentary. Perpetua Sablan-Guevarra and Remegio Sablan, who claims to be the legal
heirs of the testator opposed the petition on the ground that the last page of the will, which contained the
Acknowledgement, was not signed by Legaspi and her instrumental witnesses.

RTC ruled in favor of Mitra. The probate court explained that the last page of the will is but a mere
continuation of the Acknowledgement portion, which the testator and the witnesses are not required to sign.
In addition, RTC held that inasmuch as the number of pages upon which the will was written was stated in
the Acknowledgement, the will must be admitted to probate. CA reversed the decision and adhered to the
strict compliance of the rule in the attestation clause that the number of pages must be contained therein.

ISSUE: W/n the last page of the will, which was a continuation of the acknowledgment, must be signed by
the instrumental witness to allow probate in compliance with Art 805 of the NCC

HELD/RATIO: NO.

Article 805 of the Civil Code requires the testator to subscribe at the end of the will, it necessarily refers to
the logical end thereof, which is where the last testamentary disposition ends. As the probate court correctly
appreciated, the last page of the will does not contain any testamentary disposition; it is but a mere
continuation of the Acknowledgment.