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    Case Title: Topic: Doctrine:: VILLAFLOR vs. TOBIAS, 53 Phil. 714

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    Daniela Sandra
    Gregoria Villaflor executed a will that was contested after her death. The will was typewritten across eight pages, with the attestation clause on a separate ninth page rather than continuing on the eighth page, where there was some blank space. The court upheld the validity of the will, finding that placing the attestation clause on a separate page did not invalidate it, since there was not enough space to fit it on the last page of the body along with the witness signatures. The court also found that having someone write the testator's name at their request complied with legal requirements.

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    Case Title: Topic: Doctrine:: VILLAFLOR vs. TOBIAS, 53 Phil. 714

    Uploaded by

    Daniela Sandra
    149 views2 pages
    Gregoria Villaflor executed a will that was contested after her death. The will was typewritten across eight pages, with the attestation clause on a separate ninth page rather than continuing on the eighth page, where there was some blank space. The court upheld the validity of the will, finding that placing the attestation clause on a separate page did not invalidate it, since there was not enough space to fit it on the last page of the body along with the witness signatures. The court also found that having someone write the testator's name at their request complied with legal requirements.

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    VILLAFLOR vs. TOBIAS

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    Gregoria Villaflor executed a will that was contested after her death. The will was typewritten across eight pages, with the attestation clause on a separate ninth page rather than continuing on the eighth page, where there was some blank space. The court upheld the validity of the will, finding that placing the attestation clause on a separate page did not invalidate it, since there was not enough space to fit it on the last page of the body along with the witness signatures. The court also found that having someone write the testator's name at their request complied with legal requirements.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    149 views2 pages

    Case Title: Topic: Doctrine:: VILLAFLOR vs. TOBIAS, 53 Phil. 714

    Uploaded by

    Daniela Sandra
    Gregoria Villaflor executed a will that was contested after her death. The will was typewritten across eight pages, with the attestation clause on a separate ninth page rather than continuing on the eighth page, where there was some blank space. The court upheld the validity of the will, finding that placing the attestation clause on a separate page did not invalidate it, since there was not enough space to fit it on the last page of the body along with the witness signatures. The court also found that having someone write the testator's name at their request complied with legal requirements.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    CASE TITLE: VILLAFLOR vs. TOBIAS, 53 Phil.

    714
    TOPIC: Art. 805

    DOCTRINE: The attestation clause of a will was written on a


    separate page and not on the last page of the body of the
    document. It appeared from the document itself that if the clause
    had been written on the said last page, there would not have been
    sufficient space on that page for the signatures of the witnesses to
    the clause. All of the pages, including that upon which the
    attestation clause was written, bore the signatures of all of the
    witnesses and the name of the testatrix was written by another
    person at her request and in the places required by law. Held, that
    in these circumstances the writing of the attestation clause on a
    separate page did not invalidate the will and that the writing of the
    name of the testatrix by another person at her request was in
    sufficient compliance with the law.

    FACTS:

    Gregoria Villaflor executed a will. She eventually died and a


    petition for the probate of the will was instituted by Jose Villaflor,
    one of the testamentary heirs of the deceased. Pilar Villaflor,
    Deogracias Tobias, and several others contested the will upon the
    following grounds:
    (1) That it was not signed by the alleged testatrix personally
    though she was well able to do so at the time of the execution of
    the document;
    (2) that said testatrix did not authorize any one to sign the
    alleged will in her name;
    (3) that both before and after the execution of the document,
    Gregoria Villaflor signed various documents by thumb marks;
    (4) that although it is true that the testatrix requested that the
    will be prepared, she nevertheless refused to sign it because it
    was contrary to her desires and instructions;
    (5) that subsequent to the date upon which the alleged will was
    executed, Gregoria Villaflor on several occasions stated that it
    was not her testament;
    (6) that the alleged will was not executed or signed in conformity
    with the law.
    The trial court ruled in favor of the opponents of the will, holding
    that the will has fatal defects because it was typewritten on
    eight catalan sheets, one separated from the others; that the
    attestation clause was written on a separate sheet, marked page 9,
    when said clause could have been written totally or partially on
    page 8, since one-half of this latter page is blank.

    ISSUE: WON the will is valid.

    RULING:

    YES. That the attestation clause of the will is written on a


    separate page and not on the last page of the body of the document
    is, in our opinion, a matter of minor importance and is explained by
    the fact that if the clause had been written on the eighth page of
    the will in direct continuation of the body thereof, there would not
    have been sufficient space on that page for the signatures of the
    witnesses to the clause. It is also to be observed that all of the
    pages, including that upon which the attestation clause is written,
    bear the signatures of all of the witnesses and that there is no
    question whatever as to the genuineness of said signatures.

    Held, that in these circumstances the writing of the attestation


    clause on a separate page did not invalidate the will and that the
    writing of the name of the testatrix by another person at her
    request was in sufficient compliance with the law.

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