Case Title: Topic: Doctrine

CASE TITLE: Lopez v. Lopez, G.R.NO. 189984,Nov.
12, 2012
TOPIC: Arts. 805 and 809
DOCTRINE: The law is clear that the attestation must state the
number of pages used upon which the will is written. The purpose
of the law is to safeguard against possible interpolation or omission
of one or some of its pages and prevent any increase or decrease in
the pages.
The rule must be limited to disregarding those defects that can

be supplied by an examination of the will itself: whether all the
pages are consecutively numbered; whether the signatures appear
in each and every page; whether the subscribing witnesses are
three or the will was notarized. All these are facts that the will itself
can reveal, and defects or even omissions concerning them in the
attestation clause can be safely disregarded. But the total number
of pages, and whether all persons required to sign did so in the
presence of each other must substantially appear in the attestation
clause, being the only check against perjury in the probate
proceedings.
FACTS:
Enrique S. Lopez (Enrique) died leaving his wife, Wendy B.

Lopez, and their four legitimate children, namely, petitioner Richard
B. Lopez (Richard) and the respondents Diana Jeanne Lopez
(Diana), Marybeth de Leon (Marybeth) and Victoria L. Tuazon
(Victoria) as compulsory heirs. Before Enrique’s death, he executed
a Last Will and Testament and constituted Richard as his executor
and administrator.
Richard filed a petition for the probate of his father's Last Will
and Testament before the RTC of Manila with prayer for the
issuance of letters testamentary in his favor. Marybeth opposed the
petition contending that the purported last will and testament was
not executed and attested as required by law, and that it was
procured by undue and improper pressure and influence on the part
of Richard. The said opposition was also adopted by Victoria.
However, the RTC disallowed the probate of the will for failure
to comply with Article 805 of the Civil Code which requires a
statement in the attestation clause of the number of pages used
upon which the will is written. It held that while Article 809 of the
same Code requires mere substantial compliance of the form laid
down in Article 805 thereof, the rule only applies if the number of
pages is reflected somewhere else in the will with no extrinsic
evidence required. While the acknowledgment portion stated that
the will consists of 7 pages including the page on which the
ratification and acknowledgment are written, the RTC observed that
it has 8 pages including the acknowledgment portion. As such, it
disallowed the will for not having been executed and attested in
accordance with law.
ISSUE: WON the will executed is valid.
RULING:
NO, the will executed is not valid.
The provisions of the Civil Code on Forms of Wills,

particularly, Articles 805 and 809 of the Civil Code provide:
ART. 805. Every will, other than a holographic will, must be

subscribed at the end thereof by the testator himself or by the
testator's name written by some other person in his presence,
and by his express direction, and attested and subscribed by
three or more credible witnesses in the presence of the
testator and of one another.
The testator or the person requested by him to write his name

and the instrumental witnesses of the will, shall also sign, as
aforesaid, each and every page thereof, except the last, on
the left margin, and all the pages shall be numbered
correlatively in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon

which the will is written, and the fact that the testator signed
the will and every page thereof, or caused some other person
to write his name, under his express direction, in the presence
of the instrumental witnesses, and that the latter witnessed
and signed the will and all the pages thereof in the presence
of the testator and of one another.
If the attestation clause is in a language not known to the

witnesses, it shall be interpreted to them.
ART. 809. In the absence of bad faith, forgery, or fraud, or
undue and improper pressure and influence, defects and
imperfections in the form of attestation or in the language
used therein shall not render the will invalid if it is proved that
the will was in fact executed and attested in substantial
compliance with all the requirements of Article 805.
The law is clear that the attestation must state the number of
pages used upon which the will is written. The purpose of the law is
to safeguard against possible interpolation or omission of one or
some of its pages and prevent any increase or decrease in the
pages.
While Article 809 allows substantial compliance for defects in the

form of the attestation clause, Richard likewise failed in this respect.
The statement in the Acknowledgment portion of the subject last
will and testament that it "consists of 7 pages including the page on
which the ratification and acknowledgment are written" cannot be
deemed substantial compliance. The will actually consists of 8 pages
including its acknowledgment which discrepancy cannot be
explained by mere examination of the will itself but through the
presentation of evidence aliund. On this score is the comment of
Justice J.B.L. Reyes regarding the application of Article 809, to wit:
The rule must be limited to disregarding those defects that can be

supplied by an examination of the will itself: whether all the pages
are consecutively numbered; whether the signatures appear in each
and every page; whether the subscribing witnesses are three or the
will was notarized. All these are facts that the will itself can reveal,
and defects or even omissions concerning them in the attestation
clause can be safely disregarded. But the total number of pages,
and whether all persons required to sign did so in the presence of
each other must substantially appear in the attestation clause,
being the only check against perjury in the probate proceedings.

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CASE TITLE: Lopez v. Lopez, G.R.NO. 189984,Nov.

TOPIC: Arts. 805 and 809

The rule must be limited to disregarding those defects that can

Enrique S. Lopez (Enrique) died leaving his wife, Wendy B.

ISSUE: WON the will executed is valid.

NO, the will executed is not valid.

The provisions of the Civil Code on Forms of Wills,

ART. 805. Every will, other than a holographic will, must be

The testator or the person requested by him to write his name

The attestation shall state the number of pages used upon

If the attestation clause is in a language not known to the

While Article 809 allows substantial compliance for defects in the

The rule must be limited to disregarding those defects that can be

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