- Statute
- Philippine Civil Code
- Article
- Art. 809
- 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
In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of article 805. (n)
Intellegal Wiki · In plain terms
This is the substantial-compliance rule for the attestation clause. Where there is no bad faith, forgery, fraud or undue and improper pressure or influence, a defect or imperfection in the form of the attestation — or in the language used in it — does not invalidate the will, provided it is proved that the will was in fact executed and attested in substantial compliance with Article 805. The saving applies to the attestation clause; the requirements Article 805 imposes on the execution of the will itself, including subscription by the testator and attestation by three or more credible witnesses, are not dispensed with.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Paz Samaniego-Celada v. Lucia D. Abena G.R. No. 145545
- In the Matter of the Testate Estate of Aida A. Bambao v. Cosme B. Sekito, Jr. G.R. No. 237449
- 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
- Teodoro Caneda v. Hon. Court of Appeals G.R. No. 103554
- Margie Santos Mitra v. Perpetua L. Sablan-Guevarra G.R. No. 213994