This case has been cited 3 times or more.
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2012-11-12 |
PERLAS-BERNABE, J. |
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| x x x The rule must be limited to disregarding those defects that can be supplied by an examination of the will itself: whether all the pages are consecutively numbered; whether the signatures appear in each and every page; whether the subscribing witnesses are three or the will was notarized. All these are facts that the will itself can reveal, and defects or even omissions concerning them in the attestation clause can be safely disregarded. But the total number of pages, and whether all persons required to sign did so in the presence of each other must substantially appear in the attestation clause, being the only check against perjury in the probate proceedings.[12] (Emphasis supplied) | |||||
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2008-02-12 |
CORONA, J. |
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| The Civil Code likewise requires that a will must be acknowledged before a notary public by the testator and the witnesses.[19] The importance of this requirement is highlighted by the fact that it was segregated from the other requirements under Article 805 and embodied in a distinct and separate provision.[20] | |||||
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2007-04-17 |
CORONA, J. |
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| The acknowledgment of a notarial will coerces the testator and the instrumental witnesses to declare before an officer of the law, the notary public, that they executed and subscribed to the will as their own free act or deed.[9] Such declaration is under oath and under pain of perjury, thus paving the way for the criminal prosecution of persons who participate in the execution of spurious wills, or those executed without the free consent of the testator.[10] It also provides a further degree of assurance that the testator is of a certain mindset in making the testamentary dispositions to the persons instituted as heirs or designated as devisees or legatees in the will.[11] | |||||