This case has been cited 2 times or more.
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2012-11-12 |
PERLAS-BERNABE, J. |
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| While Article 809 allows substantial compliance for defects in the form of the attestation clause, Richard likewise failed in this respect. The statement in the Acknowledgment portion of the subject LAST WILL AND TESTAMENT that it "consists of 7 pages including the page on which the ratification and acknowledgment are written"[10] cannot be deemed substantial compliance. The will actually consists of 8 pages including its acknowledgment which discrepancy cannot be explained by mere examination of the will itself but through the presentation of evidence aliunde.[11] On this score is the comment of Justice J.B.L. Reyes regarding the application of Article 809, to wit: x x x The rule must be limited to disregarding those defects that can be supplied by an examination of the will itself: whether all the pages are consecutively numbered; whether the signatures appear in each and every page; whether the subscribing witnesses are three or the will was notarized. All these are facts that the will itself can reveal, and defects or even omissions concerning them in the attestation clause can be safely disregarded. But the total number of pages, and whether all persons required to sign did so in the presence of each other must substantially appear in the attestation clause, being the only check against perjury in the probate proceedings.[12] (Emphasis supplied) | |||||
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2009-10-30 |
CHICO-NAZARIO, J. |
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| A notarized document includes one that is subscribed and sworn to under oath, or one that contains a jurat.[12] It does not matter whether respondent thought he was subscribing to an oath or a jurat, because in either case, he was deemed to have notarized a document and rendered notarial services. | |||||