KALAW v.

RELOVA (1984)
Teehankee, J

FACTS:
Herein private respondent, Gregorio Kalaw, claimed to the sole heir of his deceased sister, Nativided.
Filed a first case (different from the one at bar) for the probate of her holographic will.
The proceeding however was objected to by Rosa Kalaw- the aforementioned persons sister.
Rosa claims that she was originally appointed to the sole heir of Natividad.
That the will contained alterations not authenticated by the full signature of the testatrix, as required by NCC 814
1
.
o Claim: Absent said authentication, the first as first written should be given effect.

The RTC, through Respondent-Judge Relova, denied the probate.
Alterations and/or additions in the will that were not authenticated by the full signature of the testatrix.

Subsequently, Rosa filed this petitioner for the execution of the original unaltered text.


WoN the original text remains valid (No)
Ordinarily, when a number of erasures, corrections, and interlineations made by the testator have not been noted under his
signature, the will is not invalidated as a whole, but only as to the particular words annotated.
HOWEVER, in this case, there was only one substantial provision that was altered.
o Velasco, supra, must be held confined to such insertions, cancellations, erasures or alterations in a
holographic Will, which affect only the efficacy of the altered words themselves but not the essence
and validity of the Will itself (must be upheld). As it is, with the erasures, cancellations and alterations made
by the testatrix herein, her real intention cannot be determined.
The entire will therefore is voided or revoked for the simple reason that nothing remains in the Will after that which
could remain valid.
o The fact that it was altered manifests a change of mind of the testatrix, notwithstanding the fact that the
change of mind can neither be given effect because she failed to authenticate it.

DISMISSED


1
Art. 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same
by his full signature.