In the Matter of the Petition For the Probate of the Last Will v. Diana Jeanne Lopez

Summary

This case involves the probate of Enrique S. Lopez's Last Will and Testament executed in 1996. His son Richard petitioned for probate but was opposed by his siblings who claimed the will was improperly executed and procured through undue influence. The Regional Trial Court disallowed the probate, finding that the attestation clause failed to state the correct number of pages - while the acknowledgment mentioned 7 pages, the will actually contained 8 pages including the acknowledgment. The Court of Appeals affirmed, also noting Richard used the wrong appeal procedure. The Supreme Court denied the petition, emphasizing that Article 805 of the Civil Code requires the attestation to state the number of pages to prevent interpolation or omission. The discrepancy between stated and actual pages could not be deemed substantial compliance under Article 809 as it required extrinsic evidence to explain, violating the safeguards against perjury in probate proceedings.