Nayve vs. Mojal

In the matter of the testate estate of Antonio Mojal, deceased.
FILOMENA NAYVE, petitioner-

appellee, vs. LEONA MOJAL and LUCIANA AGUILAR, opponents-appellants.
DOCTRINE:
RE: Marginal Signatures & Pagination - the fact that the testator and the witnesses signed each and
every page of the will is proven by the mere examination of the signatures in the will, the omission to
expressly state such evident fact does not invalidate the will nor prevent its probate.
FACTS:
This is a proceeding for the probate of the will of the deceased Antonio Mojal instituted by his surviving
spouse, Filomena Nayve. The probate is opposed by Leona Mojal and Luciana Aguilar, sister and niece,
respectively, of the deceased.
The will in question, Exhibit A, is composed of four sheets with written matter on only side of each, that
is, four pages written on four sheets. The four sides or pages containing written matter are paged "Pag. 1,"
"Pag. 2," "Pag. 3," "Pag. 4," successively. Each of the first two sides or pages, which was issued, was
signed by the testator and the three witnesses on the margin, left side of the reader. On the third page
actually used, the signatures of the three witnesses appear also on the margin, left side of the reader, but
the signature of the testator is not on the margin, but about the middle of the page, at the end of the will
and before the attestation clause. On the fourth page, the signatures of the witnesses do not appear on the
margin, but at the bottom of the attestation clause, it being the signature of the testator that is on the
margin, left side of the reader.
The defects attributed to the will are:
(a) The fact of not having been signed by the testator and the witnesses on each and every sheet on the
left margin;
(b) the fact of the sheets of the document not being paged with letters;
(c) the fact that the attestation clause does not state the number of sheets or pages actually used of the
will; and
(d) the fact that the testator does not appear to have signed all the sheets in the presence of the three
witnesses, and the latter to have attested and signed all the sheets in the presence of the testator and of
each other.
As to the signatures on the margin, it is true, as above stated, that the third page actually used was signed
by the testator, not on the left margin, as it was by the witnesses, but about the middle of the page and the
end of the will; and that the fourth page was signed by the witnesses, not on the left margin, as it was by
the testator, but about the middle of the page and at the end of the attestation clause.
ISSUE:
Whether the marginal signatures and the pagination of the will in question is valid.
RULING:
YES. The will in question is valid.
(a) The fact of not having been signed by the testator and the witnesses on each and every sheet on
the left margin;
The rule laid down in that case of Avera vs. Garcia and Rodriguez (42 Phil., 145) where it was signed by
the testator and the witnesses, not on the left, but right, margin, that the document contained the necessary
signatures on each page, whereby each page of the will was authenticated and safeguarded against any
possible alteration. In that case, the validity of the will was sustained, and consequently it was allowed to
probate.
As each page used of the will bears the signatures of the testator and the witnesses, the fact that said
signatures do not all appear on the left margin of each page does not detract from the validity of the will.
(b) The fact of the sheets of the document not being paged with letters;
In the case of Unson vs. Abella (43 Phil., 494), where this court held that paging with Arabic numerals
and not with letters, as in the case before us, is within the spirit of the law and is just as valid as paging
with letters.
(c) The fact that the attestation clause does not state the number of sheets or pages actually used of
the will;
It is true that in the case of Uy Coque vs. Navas L. Sioca (43 Phil., 405), it was held that the attestation
clause must state the number of sheets or pages composing the will; but when, as in the case before us,
such fact, while it is not stated in the attestation clause, appears at the end of the will proper, so that no
proof aliunde is necessary of the number of the sheets of the will, then there can be no doubt that it
complies with the intention of the law that the number of sheets of which the will is composed be shown
by the document itself, to prevent the number of the sheets of the will from being unduly increased or
decreased.
(d) The fact that the testator does not appear to have signed all the sheets in the presence of the
three witnesses, and the latter to have attested and signed all the sheets in the presence of the
testator and of each other.
The act of the testator and the witnesses seeing reciprocally the signing of the will is one which cannot be
proven by the mere exhibition of the will unless it is stated in the document. And this fact is expressly
stated in the attestation clause now before us. But the fact of the testator and the witnesses having
signed all the sheets of the will may be proven by the mere examination of the document, although it does
not say anything about this, and if that is the fact, as it is in the instant case, the danger of fraud in this
respect, which is what the law tries to avoid, does not exist.
In the instant case the fact that the testator and the witnesses signed each and every page of the will is
proven by the mere examination of the signatures in the will, the omission to expressly state such evident
fact does not invalidate the will nor prevent its probate.

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Nayve vs. Mojal

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In the matter of the testate estate of Antonio Mojal, deceased.

FILOMENA NAYVE, petitioner-

The defects attributed to the will are:

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