TESTATE ESTATE OF THE LATE VICENTE CAGRO. JESUSA CAGRO vs. PELAGO CAGRO, ET AL.

GR NO. L-5826 April 29, 1953

Art 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the
testators name written by some other person in his presence, and by his express direction, and attested and subscribed by three
or more credible witnesses in the presence of the testator and of one another.

FACTS:
Pelagro Cagro, et al. (respondents) allege that the will is fatally defective, because its attestation clause is not signed
by the three attesting witnesses.
In the will, the page containing the attestation clause is signed by the witnesses on the left-hand margin, but said
attesting witnesses did not sign at the bottom.
Vicente Cagro (petitioner) contended that the signatures of the attesting witnesses on the left-hand margin conform
substantially to the law and may be deemed as their signatures to the attestation clause.

ISSUE:
WON the absence of the signatures of the attesting witnesses at the bottom of the attestation clause renders it
fatally defective? YES.

HELD:
Yes. The will becomes fatally defective due to failure to conform with the requirements in Art 805.
The signatures of the three witnesses on the left-hand margin cannot be said to conform substantially to the law,
because said signatures are in compliance with the legal mandate that the will be signed on the left-hand margin of all
its pages.
If an attestation clause is not signed by the three witnesses at the bottom, and still be admitted by the courts sufficient,
it would be easy to add such clause to any will on a subsequent occasion, in the absence of the testator and any or all
of the witnesses.
The will was fatally defective and not admitted to probate.


Dissenting Opinion
The will in question substantially complied with the formalities of the law and, therefore, should be admitted to probate.