Abangan vs. Abangan

The formal requisites of signing each sheet on the left margin and numbering pages correlatively in letters are not required where all the testamentary dispositions are written on a single sheet signed at the bottom by the testator and three witnesses, and a separate sheet contains only the attestation clause signed by the witnesses. The statute's object — preventing substitution of sheets and guaranteeing authenticity — disappears when the dispositions are contained in one sheet, because removal of that single sheet cannot be hidden even if unnumbered.

The case concerns the probate of the will of Ana Abangan, executed in July 1916 in Cebu. The applicable statute at the time was Act No. 2645, which required that each and every sheet of a will be signed on the left margin by the testator and three witnesses in the presence of each other, and that each page be numbered correlatively in letters on the upper part of the sheet. The opponents of the will appealed from the decision of the Court of First Instance of Cebu admitting the will to probate on September 19, 1917.

Ana Abangan executed a will in July 1916 in Cebu. The will, duly probated, consisted of two sheets. The first sheet contained all of the testamentary dispositions of the testatrix, duly signed at the bottom by Martin Montalban in the name and under the direction of the testatrix, and by three witnesses. The second sheet contained only the attestation clause, duly signed at the bottom by the three instrumental witnesses.

Neither sheet was signed on the left margin by the testatrix and the three witnesses, nor were the sheets numbered by letters. The opponents of the will contended that these omissions were defects that should have resulted in the denial of probate. The will was executed in the city of Cebu, in the dialect of that locality, where the testatrix was a neighbor. The record did not show that the testatrix knew the dialect in which the will was written, but the will itself indicated it was executed in Cebu in the local dialect.

• Sufficiency of Formalities: The appellee-executrix maintained that the will was duly admitted to probate notwithstanding the absence of margin signatures and page numbering, because the statutory requirements were not applicable where all dispositions were contained in a single sheet signed at the bottom.

• Defective Execution: The appellants contended that the absence of signatures on the left margin of each sheet by the testatrix and the three witnesses, and the failure to number the pages by letters, were defects that should have resulted in the denial of probate under Act No. 2645.
• Lack of Knowledge of Dialect: The appellants also alleged that the records did not show that the testatrix knew the dialect in which the will was written.

• Margin Signatures: Whether the will was defectively executed for lack of signatures on the left margin of each sheet by the testatrix and the three witnesses, as required by Act No. 2645.
• Page Numbering: Whether the will was defectively executed for failure to number each page correlatively in letters on the upper part of the sheet, as required by Act No. 2645.
• Knowledge of Dialect: Whether the probate should have been denied because the records did not show that the testatrix knew the dialect in which the will was written.

• Margin Signatures: No. The signatures on the left margin were not required where all the testamentary dispositions were written on only one sheet signed at the bottom by the testator and three witnesses, as such signatures would be completely purposeless.
• Page Numbering: No. The object of the numbering requirement — to detect whether any sheet had been removed — disappeared where all dispositive parts were written on one sheet only, because removal of that single sheet could not be hidden even if unnumbered.
• Knowledge of Dialect: No. The circumstance appearing in the will itself that it was executed in the city of Cebu in the dialect of that locality, where the testatrix was a neighbor, was enough, absent proof to the contrary, to presume that she knew the dialect.

• Margin Signatures: Act No. 2645, in requiring that each and every sheet of the will be signed on the left margin by the testator and three witnesses in the presence of each other, evidently had for its object, referring to the body of the will itself, to avoid the substitution of any of said sheets, thereby changing the testator's dispositions. However, when the dispositions are wholly written on only one sheet signed at the bottom by the testator and three witnesses, their signatures on the left margin would be completely purposeless. The statute took into consideration the case of a will written on several sheets and must have referred to the sheets which the testator and the witnesses do not have to sign at the bottom. A different interpretation would assume that the statute requires that a sheet already signed at the bottom be signed twice, an intention that cannot be attributed to the statute. If the signatures at the bottom guarantee the sheet's authenticity, another signature on its left margin would be unnecessary; if they do not guarantee it, the same signatures affixed on another part of the same sheet would add nothing.

• Page Numbering: The object of requiring that each and every page of a will be numbered correlatively in letters placed on the upper part of the sheet is to know whether any sheet of the will has been removed. But when all the dispositive parts of a will are written on one sheet only, the object of the statute disappears because the removal of this single sheet, although unnumbered, cannot be hidden. The same reasoning applies to the attestation clause. Without considering whether the attestation clause is an essential part of the will, the signatures of the testatrix and the three witnesses on the margin and the numbering of the pages of the sheet are formalities not required by the statute. Referring specially to the signature of the testatrix, it is not necessary in the attestation clause because this, as its name implies, appertains only to the witnesses and not to the testator, since the latter does not attest, but executes, the will.

• Knowledge of Dialect: The circumstance appearing in the will itself that it was executed in the city of Cebu and in the dialect of that locality, where the testatrix was a neighbor, is enough, in the absence of any proof to the contrary, to presume that she knew the dialect in which the will was written.

• Substantial Compliance with Will Formalities — The solemnities surrounding the execution of wills are intended to close the door against bad faith and fraud, to avoid substitution of wills and testaments, and to guarantee their truth and authenticity. The laws on this subject should be interpreted to attain these primordial ends, but not to restrain and curtail the exercise of the right to make a will. Where an interpretation already assures these ends, any other interpretation that demands more requisites entirely unnecessary, useless, and frustrative of the testator's last will must be disregarded. Applied here, the Court held that margin signatures and page numbering were unnecessary where all dispositions were contained in a single sheet signed at the bottom.

• Purposive Interpretation of Statutory Formalities — When the object of a statutory requirement disappears under the circumstances of the case, the requirement itself need not be complied with. The Court reasoned that the purpose of margin signatures and page numbering — preventing substitution of sheets — was already achieved where all dispositions were on one sheet signed at the bottom, making the additional formalities purposeless.

• "In requiring that each and every sheet of the will should also be signed on the left margin by the testator and three witnesses in the presence of each other, Act No. 2645 (which is the one applicable in the case) evidently has for its object (referring to the body of the will itself) to avoid the substitution of any of said sheets, thereby changing the testator's dispositions. But when these dispositions are wholly written on only one sheet signed at the bottom by the testator and three witnesses (as the instant case), their signatures on the left margin of said sheet would be completely purposeless." — This passage articulates the core reasoning for dispensing with margin signatures where all dispositions are on a single sheet.

• "The object of the solemnities surrounding the execution of wills is to close the door against bad faith and fraud, to avoid substitution of wills and testaments and to guaranty their truth and authenticity. Therefore the laws on this subject should be interpreted in such a way as to attain these primordal ends. But, on the other hand, also one must not lose sight of the fact that it is not the object of the law to restrain and curtail the exercise of the right to make a will." — This is the canonical statement of the interpretive principle governing will formalities, frequently cited in subsequent jurisprudence.

• "Synthesizing our opinion, we hold that in a will consisting of two sheets the first of which contains all the testamentary dispositions and is signed at the bottom by the testator and three witnesses and the second contains only the attestation clause and is signed also at the bottom by the three witnesses, it is not necessary that both sheets be further signed on their margins by the testator and the witnesses, or be paged." — This is the operative holding of the case, stating the specific rule for wills with a separate attestation clause.

N/A — The decision cites no prior cases.

• Act No. 2645 — The statute governing the formal requisites of will execution at the time. The Court interpreted its requirements for margin signatures and page numbering as inapplicable where all testamentary dispositions are contained in a single sheet signed at the bottom, and where a separate sheet contains only the attestation clause.

Arellano, C.J., Torres, Johnson, Araullo, Street and Malcolm, JJ., concurred.

N/A — No dissenting opinions are noted in the decision.