WILLS Article 805

Title GR No. 21755

Nayve vs Mojal Date: December 29, 1924
Ponente: Romualdez, J.
In the matter of the testate estate of Antonio Mojal, Leona Mojal and Luciana Aguilar, respondents
deceased. Filomena Nayve, petitioner
DOCTRINE

1. The fact that the signatures on each page do not all appear on the left margin thereof does not detract from
the validity of the will.
2. Paging with Arabic numerals (1,2,3) and not with letters is within the spirit of the law, and is just as valid as
paging with letters.
3. The number of sheets or pages of which the will is composed must be stated in the attestation clause but
where such a fact appears at the end of the will so that no proof aliunde is necessary of the number of its
sheets, then the failure to state in the attestation clause the number of the pages of the instrument does not
invalidate it.

FACTS
This is a proceeding for the probate of the will of the deceased Antonio Mojal, instituted by his surviving spouse, Filomena
Nayve. The probate is opposed by Leona Mojal and Luciana Aguilar, sister and niece, respectively, of the deceased. The
will in question is composed of four sheets. The four sides or pages containing written matter are paged ""Pag. 1," Pag.
2," "Pag. 3,", "Pag. 4," successively. On the third page, the signatures of the 3 witnesses appear on the left margin but
the signature of the testator is not on the margin, but about the middle of the page at the end of the will and before the
attestation clause. On the fourth page, the signatures of the witnesses do not appear on the margin, but at the bottom
of the attestation clause, it being the signature of the testator that is on the left margin.

The Court of First Instance of Albay ordered the probate of the will, of the deceased of Antonio Mojal, executed in
accordance with law. The respondents attributed the following defects in the will: (a) The fact of not having been signed
by the testator and the witnesses on each and every sheet on the left margin; (b) the fact of the sheets of the document
not being paged with letters; (c) the fact that the attestation clause does not state the number of sheets or pages actually
used of the will; and (d) the fact that the testator does not appear to have signed all the sheets in the presence of the
three witnesses, and the latter to have attested and signed all the sheets in the presence of the testator and of each
other.

Attestation Clause: "In witness whereof, I set my hand unto this will here in the town of Camalig, Albay, Philippine Islands,
this 26th day of November, nineteen hundred and eighteen, composed of four sheets, including the next: "ANTONIO
MOJAL " (Signed and declared by the testator Don Antonio Mojal to be his last will and testament in the presence of each
of us, and at the request of said testator Don Antonio Mojal, we signed this will in the presence of each other and of the
testator.) "PEDRO CARO "SlLVERIO MORCO "ZOILO MASINAS"
ISSUE/S
I. Whether or not the will is valid
RATIO
Yes. The Supreme Court ruled that where each and every page upon which the will is written was signed by the testator
and the witnesses, the fact that the signatures on each page do not all appear on the left margin thereof does not detract
from the validity of the will. Paging with Arabic numerals and not with letters is within the spirit of the law, and is just as
valid as paging with letters. The number of sheets or pages of which the will is composed must be stated in the attestation
clause; but where such a fact appears at the end of the will so that no proof aliunde is necessary of the number of its
sheets, then the failure to state in the attestation clause the number of the pages of the instrument does not invalidate
it. The attestation clause must state the fact that the testator and the witnesses reciprocally saw the signing of the will,
for such an act cannot be proved by the mere exhibition of the will, if it is not stated therein. But the fact that the testator
and the witnesses signed each and every page of the will can be proved also by the mere examination of the signatures
appearing on the document itself, and the omission to state such evident fact does not invalidate the will.
RULING
The order appealed from is affirmed with the costs against the appellants.
BAYOT