G.R. No. 35586 ; October 31, 1932
Estate of the deceased Caridad Alcantara de Gorostiza. CONSORCIA DICHOSO DE TICSON, petitioner-appellant, vs. MARINO DE GOROSTIZA, oppositor-appellee.

FACTS

The will of Caridad Alcantara de Gorostiza was denied probate by the trial court because its attestation clause allegedly failed to state that the testatrix signed every page of the will, as required by Section 618 of the Code of Civil Procedure, as amended. The attestation clause stated 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 in our presence…” The oppositor argued this clause did not explicitly certify that the testatrix signed each page.

ISSUE

Whether the attestation clause is fatally defective for not expressly stating that the testatrix signed every page of the will.

RULING

No. The Supreme Court reversed the trial court and admitted the will to probate. The attestation clause, when read as a whole and in context with the will itself (which showed signatures on the left-hand margin of both pages), sufficiently complies with the law. The phrase “has signed the same” refers to the “foregoing will consisting of two pages,” which implies the signing of the will and every page thereof. The Court adopted a liberal construction, emphasizing that the attestation clause need not parrot the statute’s exact words, so long as compliance can reasonably be deduced, and that technicalities should not frustrate the testator’s clearly expressed wishes absent any hint of fraud.

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