GARCIA vs SANTOS

FACTS: When Consuelo Garcia died, she left behind several personal and real properties. Herein
petitioners, namely Caralino, Ricardo, Ronaldo, Carmela, Melissa and Gerard (all surnamed Tanchanco)
grandchildren of the decedent petitioned the RTC of Pasay City for the settlement of the intestate estate
of their grandmother. Wherein they alleged that the decedent’s properties are in the possession of one
Natividad Garcia-Santos, their aunt. They also allege that Natividad had also been misappropriating and
dissipating disputed properties. Natividad alleges that Consuelo did not die intestate and that she left
behind a last will and testament which she had already filed for probate in the RTC of Pasay City. The
existence of the last will and testament is also corroborated by the lawyers, Atty. Tantuico, Lallana,
Paras and Marapao. The Tanchanco’s allege that the will was produced through fraud, intimidation, and
deceit because it was not written in English the language normally employed by decedent to converse
and communicate, moreover said will did not conform to the provisions of article 805 of the Civil Code,
and thus fatally defective. The Tanchanco’s pray that the will be processed intestate instead and
disallowed probate.

ISSUES: Whether or not the will should be allowed probate

RULING: An examination of Consuelo’s will shows that it had complied with the formalities required by
the law. Except that the attestation clause failed to indicate the total number of pages upon which the
will was written. The rule stands that omissions which can be supplied by an examination of the will
itself, without need of resorting to extrinsic evidence will not be fatal and corresponding would not
obstruct the allowance to probate of the will being assailed. However those omissions which cannot be
supplied except by evidence aliunde would result in the invalidation of the attestation clause and
ultimately, of the will itself. In the instant case the attestation clause indisputably omitted to mention
the number of pages comprising the will. Nevertheless, the acknowledgement portion of the will
supplied the omission by stating that the will has five pages. Undoubtedly such substantially complied
with article 809 of the Civil Code. Mere reading and observation of the will, without resorting to other
extrinsic evidence yields the conclusion that there are actually five pages even if the said information
was not provided in the attestation clause. In any case, the CA declared that there was substantial
compliance with directives of Article 805 of the Civil Code. Also the Tanchanco’s failed to prove that the
will was executed through force or under duress, or that the signature of the testator was produced
through fraud. Considering the foregoing the will should be allowed probate.