G.R. No. L-47351; April 18, 1941
Testamentaria del finado Emiliano Alcala. DOLORES BUENDIA DE ALCALA, solicitante-apelada, vs. LORENZO DE VILLA, opositor-apelante.

FACTS

Emiliano Alcala died on October 12, 1937. His widow, Dolores Buendia de Alcala, presented for probate a will he executed on September 3, 1937. Lorenzo de Villa, a nephew of the deceased and his legal heir, opposed the probate. He alleged that the signatures on the will were obtained by fraud, that the deceased had no intention for the document to be his will when he signed it, that the will was not executed and signed in accordance with legal formalities, and that it was executed under the improper influence of the widow. The Court of First Instance of Tayabas, after hearing, issued an order on March 5, 1938, allowing the probate of the will (Exhibit A) and declaring it as the last will of Emiliano Alcala. The court found the following facts established: The will, written in Tagalog, was drafted by lawyer Emiliano de Gala according to the testator’s instructions. It was read aloud to the testator and the three instrumental witnesses. The testator then read it to himself. He signed on the left margin of all four pages and at the end of the will in the presence of the three witnesses. The witnesses, in turn, signed on the left margin of all pages and at the attestation clause in the presence of the testator and of each other. The testator was of sound mind, understood Tagalog, and executed the will without undue pressure or influence. The opponent appealed, contending primarily that the attestation clause was not drafted in conformity with Article 618 of the Code of Civil Procedure, as amended.

ISSUE

Whether the attestation clause of the will is legally valid despite grammatical errors and omissions in its phrasing.

RULING

The Supreme Court affirmed the lower court’s order allowing the probate. The attestation clause, though defectively worded, substantially complies with the law. The Court applied liberal rules of interpretation to cure the grammatical defects. Reading the clause as a whole, it is evident that the omissions are mere grammatical errors that do not alter the clear intention of the testator and the witnesses. Specifically, the word “testador” after “de cada pagina del” should be read as “testamento” to make sense. Furthermore, the verb “firmamos” (we signed) must be supplied after the adverb “tambien” (also) in the final sentence to complete its meaning and indicate that the witnesses also signed each page. These corrections align with the fundamental rule of interpretation that the intention of the instrument’s author must prevail. The Court found no evidence of fraud or undue influence in the execution of the will. The attestation clause, as interpreted, sufficiently shows that the will was signed by the testator and the witnesses in the presence of each other, fulfilling the substantial requirements of the law. The appealed order was confirmed, with costs against the appellant.