In RE Tampoy: Diosdada Alberastine, petitioner GR L-14322, 25 February 1960 (107 Phil 100) En Banc, Bautista Angelo (p): 10 concurring

Facts: On 19 November 1939, Petronila Tampoy, a widow and without children, requested with Bonifacio Minoza to read a testament and explain its contents to her in her house in San Miguel street, municipality of Argao, province of Cebu in 19 November 1939, which he did in the presence of tree instrumental witnesses, Rosario K. Chan, Mauricio de la Pena, and Simeona Omboy. After confirming the contents of the testament, she requested Bonifacio Minoza to write her name at the foot of the testament in the second page, which he did, and after which she stamped her thumbmark between her name and surname in the presence of all three instrumental witnesses. Bonifacio Minoza also signed at the foot of the testament, in the second page, in the presence of the testator and all three abovenamed witnesses. However, the testator, just like Bonifacio Minoza, did not sign on the left margin or any part of the first page of the testament, composed of two pages. All the three instrumental witnesses signed at the foot of the acknowledgment written in the second page of the testament, and the left margin of the first and second page, in the presence of the testator, Bonifacio Minoza, Atty. Kintanar, and the others. The testament was executed freely and spontaneously, without having been threatened, forced and intimidated, and not having exercised on her (the testator) undue influence, being the same in full use of her mental faculties and enjoying good health. On 22 February 1957, the testator died in here house in Argao. On 7 March 1957, or two weeks after, the heir found in the testament, Carman Aberastine died, leaving her mother, the petitioner Diosdada Alberastine. After trial on the probate o a document purportedly to be the last and testament of Petronila Rampoy, the trial court denied the petition on the ground that the left hand margin of the first page of the will does not bear the thumbmark of the testatrix. Petitioner appealed from this ruling. The Court of Appeals certified the case to the Supreme Court because it involves purely a question of law. Issue: Whether the absence of the testators thumbmark in the first page is fatal to render the will void Held: Statutes prescribing the formalities to be observed in the execution of wills are very strictly construed. A will must be executed in accordance with the statutory requirements; otherwise it is entirely void. In the present case, the contention that the petition for probate is unopposed, and that the three testimonial witnesses testified and manifested to the court that the document expresses the true and voluntary will of the deceased, cannot be sustained as it runs counter to the express provision of the law. Since the will suffers the fatal defect, as it does not bear the thumbmark of the testatrix on its first page even if it bears the signature of the three instrumental witnesses, the same fails to comply with the law and therefore cannot be admitted to probate. The Supreme Court affirmed the appealed order, without pronouncement as to costs.