G.R. No. L-17761; April 28, 1922
In re will of Ventura Prieto, deceased, GENOVEVA ASPE, petitioner-appellant, vs. MACARIO PRIETO, opponent-appellee.

FACTS

Genoveva Aspe petitioned for the probate of a document alleged to be the last will and testament of Ventura Prieto. The opponent, Macario Prieto, objected. The court examined the document and found that the left margins of all six pages were signed only by the testator, Ventura Prieto. The attesting witnesses did not sign on the left margins of the five pages preceding the page containing the attestation clause.

ISSUE

Whether the omission of the attesting witnesses’ signatures on the left margins of the pages of the will constitutes a fatal defect that prevents its probate.

RULING

Yes. The Supreme Court affirmed the judgment denying probate. The failure of the attesting witnesses to sign the left margins of each page of the will, as required by Section 2 of Act No. 2645, is a fatal defect. This noncompliance is a sufficient obstacle to the probate of the will. The Court found it unnecessary to discuss the additional alleged defect regarding the pagination.