Clause Law Attestation Spanish Philippine Observed Answer C

5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation clause of the said will does not contain Buko's signature.  It is valid under Spanish law. At its probate in Manila, it is being opposed on the ground that the attestation clause does not contain BUKO's signature Is the opposition correct? Choose the best answer.

a) Yes, because it is a fatal defect.

b) Yes, the will is not valid under Philippine law.

c) No, attestation clause is not an act of the testator.

d) No, the governing law is Spanish law.

SUGGESTED ANSWER:

c) or d)

NOTE:  the facts do not state the Law observed by the Testator in executing his will.  He could have observed Spanish Law or Philippine LAw (See comment of Tolentino to Article 815, NCC in 3Tolentino117, 1992).  If he observed Spanish Law, hence choice d) is the correct answer.  If he observed Philippine Law, the opposition is still not correct because Philippine Law does not require the testator to sign the Attestation Clause of his will, said clause not being his act.  In such case, choice c) is the correct answer.