Echavarria v. Sarmiento

Summary

This landmark 1938 Supreme Court En Banc decision established the strict compliance rule for will attestation clauses in Philippine law. Maximo Sarmiento's will was denied probate because the attestation clause failed to state the number of pages, despite the testator's signing clause mentioning five pages. The Court affirmed that Section 618 of the Code of Civil Procedure mandates all statutory requirements, including the attestation clause stating the number of pages, to ensure will authenticity and prevent fraud. The decision reinforced the doctrine from Gumban vs. Gorecho that statutory will requirements are mandatory and cannot be dispensed with by courts. This case remains a foundational precedent in Philippine succession law, emphasizing that the right to dispose of property by will is entirely governed by statute and requires strict compliance with all formal requirements. The ruling protects the integrity of testamentary dispositions by maintaining rigid safeguards against potential fraud or irregularities in will execution.