GR 45260; (November, 1938) (Digest)
G.R. No. L-45260; November 28, 1938
In re Will of Maximo Sarmiento, deceased. BARBARA ECHAVARRIA, petitioner-appellant, vs. ROMAN SARMIENTO, ET AL., oppositors-appellees.
FACTS
Maximo Sarmiento executed a document purported to be his last will and testament. The will itself contained a clause stating it was composed of five pages, but the attestation clause signed by the three witnesses did not mention the number of pages of the will. The Court of First Instance denied probate of the will due to this omission.
ISSUE
Whether a will is valid if its attestation clause fails to state the number of pages composing the will, as required by law.
RULING
No. The Supreme Court affirmed the denial of probate. Under Section 618 of the Code of Civil Procedure, as amended, the attestation clause must state the number of sheets or pages used upon which the will is written. This requirement is mandatory. The purpose is to ensure the authenticity of the will and provide strong legal guarantees for its execution. Following the precedent in Gumban vs. Gorecho, the Court held that the omission of this statutory requirement invalidates the will. The attestation clause’s failure to state the number of pages is a fatal defect.
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