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    679 Fernandez V Vergel de Dios

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    Juslyn Jennifer So
    The Supreme Court reversed the lower court's decision and ordered the probate of the will in question. The Court found that the law does not require the attestation clause of a will to be signed by the testator or for the sheet containing the attestation clause to be numbered. Specifically, the attestation clause pertains only to the witnesses and not the testator, and the law does not impose any signature or pagination requirements for the attestation clause itself. Therefore, the will's attestation clause in this case was valid despite lacking the testator's signature or sheet numbering.

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    679 Fernandez V Vergel de Dios

    Uploaded by

    Juslyn Jennifer So
    340 views1 page
    The Supreme Court reversed the lower court's decision and ordered the probate of the will in question. The Court found that the law does not require the attestation clause of a will to be signed by the testator or for the sheet containing the attestation clause to be numbered. Specifically, the attestation clause pertains only to the witnesses and not the testator, and the law does not impose any signature or pagination requirements for the attestation clause itself. Therefore, the will's attestation clause in this case was valid despite lacking the testator's signature or sheet numbering.

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    679 Fernandez v Vergel de Dios -

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    The Supreme Court reversed the lower court's decision and ordered the probate of the will in question. The Court found that the law does not require the attestation clause of a will to be signed by the testator or for the sheet containing the attestation clause to be numbered. Specifically, the attestation clause pertains only to the witnesses and not the testator, and the law does not impose any signature or pagination requirements for the attestation clause itself. Therefore, the will's attestation clause in this case was valid despite lacking the testator's signature or sheet numbering.

    Copyright:

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

    679 Fernandez V Vergel de Dios

    Uploaded by

    Juslyn Jennifer So
    The Supreme Court reversed the lower court's decision and ordered the probate of the will in question. The Court found that the law does not require the attestation clause of a will to be signed by the testator or for the sheet containing the attestation clause to be numbered. Specifically, the attestation clause pertains only to the witnesses and not the testator, and the law does not impose any signature or pagination requirements for the attestation clause itself. Therefore, the will's attestation clause in this case was valid despite lacking the testator's signature or sheet numbering.

    Copyright:

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

    679 Fernandez v Vergel de Dios

    GR No. L-2115 The fact that in said clause the signature of the testator does not appear or that it is not
    DATE: Feb 25, 1924 numbered does not affect its validity for the law does not require that it be signed by the
    testator or that it be numbered.
    Topic: Specific Requirements
    Petitioner-Appellant: Ramon Fernandez DISPOSITIVE: The judgment appealed from is reversed, and it is ordered that the lower court
    Legatees-Appellants: Hermelo Vergel De Dios and Severima Javier proceed with the probate of the will Exhibit A in accordance with law, without express
    Opponent-Appellees: Fernando Vergel De Dios et Al pronouncement as to costs. So ordered.
    Ponente: Romualdez, J.
    DOCTRINE:
    The law does not require that the sheet containing nothing but the attestation clause, wholly
    or in part, be numbered or paged and the testator’s signature is not necessary in the
    attestation clause because this, as its name implies, appertains only to the witnesses and not
    to the testator.

    FACTS:
    The question in this case is as to the validity of the document Exhibit A as a will, which was
    propounded by Ramon J. Fernandez for probate, and contested by Fernando Vergel de Dios
    and Francisco, Ricardo and Virgilio Rustia, the CIF of Manila having denied its probate

    The CIF held that the attestation clause was fatally defective since it was not signed by the
    testator and it was not numbered or paginated

    ISSUE: Whether the attestation clause must be signed by the testator and the sheet on
    which it is written must be numbered

    RULING: NO
    The law does not require that the sheet containing nothing but the attestation clause, wholly
    or in part, be numbered or paged and the testator’s signature is not necessary in the
    attestation clause because this, as its name implies, appertains only to the witnesses and not
    to the testator.

    These are the solemnities that must surround the execution of the will properly speaking,
    without any reference whatsoever to the attestation clause not treated in the second
    paragraph of Art 805 of the Civil Code. It is in this second paragraph which deals only with the
    will (without including the attestation clause), that the signature or name of the testator and
    those of the witnesses are mentioned as necessary on the left margin of each and everyone
    of the sheets of the will (not of the attestation clause), as well as the paging of said sheets (of
    the will, and not of the attestation clause which is not yet spoken of).

    On the other hand, Art 805, par 3 of the Civil Code, does not require that the attestation be
    signed by the testator or that the page or sheet containing it be numbered. It requires that
    the text of the attestation clause must express compliance with the requirements prescribed
    for the will.

    In this case, the attestation clause states the requirements prescribed for the will were
    complied with, and this is enough for it, as such attestation clause, to be held as meeting the
    requirements prescribed by the law for it.

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