Gil v. Murciano (Flores)
Gil v. Murciano (Flores)
It is to
vda. De Gil v Pilar Gil vda. De Murciano (1951) be supposed that the drafter of the alleged will read the
clear words of the statute when he prepared it. For the
[J. Jugo]
court to supply alleged deficiencies would be against
I. FACTS: the evident policy of the law.
"Section 618 of Act No.190 (Code of Civil Procedure) prior
The CFI of Manila admitted to probate the alleged will
to amendment provides: "… the absence of such form of
and testament of Carlos Gil. The oppositor Pilar Gil attestation shall not render the will invalid if it proven that the
Vda. de Murciano appealed to this Court, raising will was in fact signed and attested as in this section
only question of law. provided."
The issues were: However, Act No. 2645 (An Act Amending Sec. 618
a. The lower Court failed to declare that Carlos Gil's of Act No. 190), besides increasing the contents of the
alleged will has not been granted in accordance attestation clause, entirely suppressed the above-
quoted provision.
with the law.
b. Gil failed to legalize the said will. It is contended that the deficiency in the attestation
Regarding the correctness and accuracy of the clause is cured by the last paragraph of the alleged will.
alleged will, the SC said: The only copy available is a SC held that it unusual that the alleged testator
should have made an attestation clause, which is
printed form contained in the record appeal in case
G.R. No. L-254, entitled "Testate Estate of Carlos Gil; the function of the witness. But the important point is
Isabel Herreros Vda. de Gil, petitioner and appellant that he attests or certifies his own signature or his
signature certifies itself.
vs. Roberto Toledo y Gil, oppositor and appellee."
Both parties agreed that this is a true and correct SC held that one cannot certify his own signature,
copy of the will. for it does not increase the evidence of its
It will be noted that the attestation clause does not authenticity. The last paragraph of the will cannot cure
the fatal defect.
state that the alleged testor signed the will. It
declares only that it was signed by the witnesses. This The rules of statutory construction are applicable
is a fatal defect, for the precise purpose of the to documents and wills. This is true, but only to the
attestation clause is to certify that the testator signed body of the will and not to the attestation clause, which
the will, this being the most essential element of the must be so clear that it should not require any
clause. Without it there is no attestation at all. The court construction.
may correct a mere clerical error. This is too much of
a clerical error for it effects the very essence of the In Gumban v. Gorecho, SC laid down the following
clause. Alleged errors may be overlooked or doctrine:
correct only in matters of form which do not affect 1. The attestation clause must be made in strict
the substance of the statement. conformity with the requirements of section 618 of
II. ISSUES: Act No. 190, as amended. Where said clause fails
to show on its face a full compliance with those
Whether or not the will is valid? (NO) requirements, the defect constitutes sufficient
III. RATIONALE: ground for the disallowance of the will. Evidence
aliunde should not be admitted to establish facts not
SC held that if correction may be made by inference, it appearing on the attestation clause, and where said
would be making interpolations by inferences, evidence has been admitted it should not be given the
implication, and even by internal circumstantial effect intended.
evidence. This would be done in the face of the
clear, uniquivocal, language of the statute as to
2. Section 618 of Act No. 190, as amended, should expressing the intertions of the testator are made without
be given a strict interpretation in order to give observations of the required forms; and whenever that
effect to the intention of the Legislature. Statutes happens, the genuine intention is frustrated. The Legislature
prescribing formalities to be observed in the execution has taught of it best and has therefore determined, to run the
risk of frustrating that intention, in preference to the risk of
of wills are very strictly construed. Courts cannot
giving effect to or facilitating the formation of spurious wills,
supply the defensive execution of will. by the absence of forms."
In Gumban, the objection was that the attestation SC held that it has always been its policy to sustain
clause did not state that the testator and the a will if it is legally possible to do so, but it cannot
witnesses signed each and every page of the will. break down the legislative barriers protecting a
This fact, however, appears in the will itself. It is man's property after death, even if a situation
clear, therefore, that in case of the will complied with presented is apparently meritorious.
all the requisites for its due execution. In the instant
case, essential words were omitted. IV. DISPOSITIVE:
In Rallos v. Rallos, SC held that the only thing Decision appealed from is REVERSED.
omitted is the statement as to the signing of the
V. NOTE:
testatrix and the witnesses of each and every page
of the will, but the omission is cured by the fact that " In testimony of all of which, I sign this my will and on
their signatures appear on every page. This the left margin of each of its two pages, useful with the
attestation clause is different from that involved in the testimony clause in the presence of the witnesses, who
present case. in turn signed each of these pages and the clause of
witnessing in my presence each of them with that of the
There is no reason why wills should not be others, today in Porac, Pampanga, IF, on May 27, nineteen
executed by complying substantially with the clear thirty-nine." (Carlos Gil)
requisites of the law, leaving it to the courts to
…
supply essential elements. The right to dispose of
property by will is not natural but statutory, and "We who subscribe, all of legal age, certify: that the
statutory requirements should be satisfied. testament that precedes this written in the Castilian
language known to the testator, composed of two useful
The formalities which the Legislature has prescribed pages with the testimony clause correlatively parsed in
for the execution of a will are essential to its validity letters and numbers at the top of the box, as well as all the
cannot be disregarded. The mode prescribed is the sheets of the same, in our presence and that each of us have
measure for the exercise of the right, and the heir can witnessed and signed said document and all the sheets of it
be deprived of his inheritance only by a compliance in the presence of the testator and in that of each of us."
(Witnesses)
with this mode. For the purpose of determining
whether a will has been properly executed, the
intention of the testator in executing it is entitled to
no consideration, only the intention of the
legislature.
In interpreting the legislature's thought, courts have
rigidly opposed any exception tending to weaken the
basic principle underlying the law, the chief purpose of
which is to see that the testator's wishes are observed.
It is possible that a decedent may have thought he had
made a will, but the statute says he had not.
"The question is not one of his intention, but of what he
actually did, or failed to do. It may happen that wills truly