Za. Dichoso Vs Gorostiza (ART 809 Forms of Will)

Estate of the deceased Caridad Alcantara de Gorostiza.
CONSORCIA DICHOSO
DE TICSON, Petitioner-Appellant, v. MARINO DE GOROSTIZA, Oppositor-
Appellee.
MALCOLM, J.:
The will of the deceased Caridad Alcantara de Gorostiza

was denied probate in the trial court, for the reason that the
attestation clause failed to state that the testatrix signed
every page of the will as required by section 618, as
amended, of the Code of Civil Procedure. The attestation
clause in question reads:
"We, the undersigned attesting witnesses, whose residences

are stated opposite our respective names, do hereby certify
that the testatrix, whose name is signed hereinabove, has
publish unto us the foregoing will consisting of two pages as
her Last Will and Testament, and has signed the same in our
presence, and in witness whereof we have each signed the
same and each page thereof in the presence of said testatrix
and in the presence of each other." The single question is, if
the attestation clause above quoted is fatally defective and so
annuls the will, of if the said attestation clause conforms to
the law and so permits the court to respect the wishes of the
deceased and to sustain the will.
The theses of the appellant and the appellee are as far apart
as the poles. Appellant says that when the attestation clause
mentions "the testatrix, whose name is signed hereinabove",
the word "hereinabove" should be taken as not only referring
to the signature at the end of the will but to the signatures
on the margin of its two pages, and that when later the
attestation clause mentions "the foregoing will consisting of
two pages as her Last Will and Testament, and has signed
the same", the word "same" refers to the two pages of the
will and not to the will itself. Appellee on the other hand
maintains that in the attestation clause, all that has been said
about the testatrix, "whose name is signed hereinabove" is
that" she has signed the same (will) in our (witnesses)
presence", and that the attestation clause does not set forth
that the testatrix has signed every page of the will in the
presence of the attestating witnesses.
Placing the attestation clause under the judicial microscope,

we observe, after analytical study, that it shows compliance
with statutory provisions. We must reject as untenable the
interpretation of the appellant relative to the word
"hereinabove", for this simply has reference to the signature
of the testatrix at the end of the will. We must reject also as
untenable the interpretation of the appellant that the word
"same" refers back to "pages" and not to "will", for such an
interpretation would be
inconsistent with the language used further on in the
attestation clause where mention
is made of the signing by the witnesses of "the same and
each page thereof", meaning the will and each page thereof.
We are, however, clear that when the attestation clause
states that the testatrix "has publish unto us the foregoing
will consisting of two pages as her Last Will and Testament,
and has signed the same", the word "same" signifies the
foregoing will consisting of two pages, which necessarily
implies the signature by the testatrix of the will and every
page thereof. In our judgment, an interpretation sustaining
the validity of the attestation clause is neither forced nor
illogical.
Precision of language in the drafting of an attestation clause

is desirable. However, it is not imperative that a parrot-like
copy of the words of the statute be made. It is sufficient if
from the language employed it can reasonably be deduced
that the attestation clause fulfills what the law expects of it.
There is another aspect to the case. Evidence of course may

not be admitted to supply omissions in an attestation
clause. The attestation clause must show on its face a
compliance with the law. But this does not preclude an
examination of the will, and here the will itself shows that
the testatrix and the witnesses signed on the left-hand
margin of the two pages; that the testatrix signed at the end
of the will, and that the witnesses signed at the end of the
attestation clause. The attestation clause is a part of the
instrument which so closely, if not literally, adheres to the
law of wills.
It has been observed during our deliberations that a decision

upholding the will before us would run counter to a uniform
line of authorities to the contrary. That is hardly an exact
statement. The truth is that there have been noticeable in the
Philippines two divergent tendencies in the law of wills —
the one being planted on strict construction and the other on
liberal construction. A late example of the former views may
be found in the decision in Rodriguez v. Alcala ([1930], 55
Phil., 150), sanctioning a literal enforcement of the law. The
basic case in the other direction, predicated on reason, is
Abangan v. Abangan ([1919], 40 Phil., 476), oft-cited
approvingly in later decisions.
The attestation clause here is an exact transcription of the

form found in former Justice Fisher’s New Encyclopedia of
Philippine Legal Forms, third edition, page 495, except that,
by typographical error, the word "published" has been
written "publish." So it would be a safe assumption that
there are other wills in this jurisdiction having similar
attestation clauses. A decision against the will in this case
might accordingly have far- reaching and disastrous results.
Legalistic formalities should not be permitted to obscure the
use of good sound
common sense in the consideration of wills and to frustrate
the wishes of deceased persons solemnly expressed in
testaments, regarding the execution of which there is not
even a hint of bad faith or fraud. We find the attestation
clause legally sufficient, and order that the will of the
deceased Caridad Alcantara de Gorostiza be admitted to
probate.
Judgment reversed, the costs of both instances to be paid by

the appellee.

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Estate of the deceased Caridad Alcantara de Gorostiza.

The will of the deceased Caridad Alcantara de Gorostiza

"We, the undersigned attesting witnesses, whose residences

Placing the attestation clause under the judicial microscope,

Precision of language in the drafting of an attestation clause

There is another aspect to the case. Evidence of course may

It has been observed during our deliberations that a decision

The attestation clause here is an exact transcription of the

Judgment reversed, the costs of both instances to be paid by

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