Gil Vs Murciano- 16th Case Under Notarial Will

CASE NO. Gil vs. Murciano G.R. No. L-3362. March 1, 195188 Phil 260 Ponente: JUGO, J. FACTS: A last will and testament was executed by Carlos Gil. Early in 1945, before the application was heard on the merit, the record, along with the will, was destroyed, necessitating its reconstitution after liberation. The parties submitted a stipulation of facts agreeing “that the will as transcribed in the record of appeal” in another case is “a true and correct copy.” CFI Manila admitted to probate the alleged will and testament. Carlos Gil’s nephew and sister contended that the will is invalid since the attestation clause did not state that the testator signed the will, it declared only that it was signed by the witnesses. ISSUE: Whether or not the will is valid. RULING: No. It will be noted that the attestation clause above quoted does not state that the alleged testator signed the will. It declares only that it was signed by the witnesses. This is a fatal defect, for the precise purpose of the attestation clause is to certify that the testator signed the will, this being the most essential element of the clause. Without it there is no attestation at all.