Text of the provision
Art. 805. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The core formalities: the will must be subscribed by the testator (or by another in his presence and by his express direction) at the end, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. Every page must be signed on the left margin and numbered correlatively in letters, and the attestation clause must state the number of pages and the manner of signing.
Questions about this provision
- How many witnesses does a typewritten will need in the Philippines, and what exactly must they sign?
Related provisions
- Article 804 — Writing and Language.
- Article 806 — Acknowledgment Before a Notary.
Cases citing this article
- In the matter of the petition for the probate of the will of Consuelo, G.R. No. 204793, June 8, 2020 — read the decision on LawPhil →
- Margie Santos Mitra vs. Perpetua L. Sablan-Guevarra, et al, G.R. No. 213994, April 18, 2018 — read the decision on LawPhil →
- Felix Azuela vs. Court of Appeals, et al, G.R. No. 122880, April 12, 2006 — read the decision on LawPhil →
- Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →
- Richard B. Lopez vs. Diana Jeanne Lopez, et al, G.R. No. 189984, November 12, 2012 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.