G.R. No. 34288; November 10, 1931
Estate of the deceased Agustina Celiz. ROSARIO REY, petitioner-appellee, vs. GUILLERMO CARTAGENA, ET AL., opponents-appellants.

FACTS

Rosario Rey filed a petition for the probate of the will of Agustina Celiz. The opponents (Guillermo Cartagena et al.) contested the will, alleging it was not the last will of Celiz, her signature was forged, and it was not executed in accordance with legal formalities. The trial court admitted the will to probate, finding it executed in compliance with the law. The opponents appealed, specifically challenging the sufficiency of the attestation clause under Section 618 of Act No. 190, as amended.

ISSUE

Whether the attestation clause of the will substantially complies with the legal requirements for its execution and attestation.

RULING

Yes, the attestation clause is in substantial compliance with the law. The clause, when read as a whole, indicates: (a) the will consists of six pages; (b) the testatrix signed it and all its margins in the presence of the witnesses; and (c) the witnesses also signed in the presence of the testatrix and each other. The word “tambien” (also) connects the witnesses’ actions to those of the testatrix, implying they signed on all margins as she did. The Court emphasized that the purpose of the solemnities is to prevent fraud and ensure authenticity, not to restrict the right to make a will. Where there is substantial compliance and no evidence of bad faith, the will should be probated. The judgment admitting the will to probate is affirmed.

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