- Statute
- Civil Code
- Article
- Art. 805
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. (n)
Intellegal Wiki · In plain terms
Sets the formalities for an ordinary (non-holographic) will: the testator signs at the end—or has another sign the testator's name by express direction—and at least three credible witnesses attest and sign in the presence of the testator and of one another. Every page must be signed on the left margin and numbered, and the attestation clause must state the page count and the signing details.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- In the Matter of the Petition For the Probate of the Last Will v. Jose M. Cosico, Jr. G.R. No. 246997
- Paz Samaniego-Celada v. Lucia D. Abena G.R. No. 145545
- Ma. Estela Maglasang v. The Heirs of Corazon Cabatingan G.R. No. 131953
- In the Matter of the Petition For the Probate of the Will of Consuelo Santiago Garcia v. Natividad Garcia Santos G.R. No. 204793
- In the Matter of the Petition For the Probate of the Last Will v. Diana Jeanne Lopez G.R. No. 189984
- Manuel A. Echavez v. Dozen Construction G.R. No. 192916
- Felix Azuela v. Court of Appeals G.R. No. 122880
- Teodoro Caneda v. Hon. Court of Appeals G.R. No. 103554
Other Supreme Court decisions also apply this article.