5. Gago vs.

Mamuyac

G.R. No. L-26317 January 29, 1927

Facts: 1. Previously, Francisco Gago filed a petition for the probate of a will of Miguel
Mamuyac executed on July 27, 1918. The oppositors alleged that the said will was already
annulled and revoked. It appeared that on April 16, 1919, the deceased executed another
will. The lower court denied the probate of the first will on the ground of the existence of
the second will.
2. Another petition was filed to seek the probate of the second will. The oppositors
alleged that the second will presented was merely a copy. According to the witnesses,
the said will was allegedly revoked as per the testimony of Jose Tenoy, one of the
witnesses who typed the document. Another witness testified that on December 1920 the
original will was actually cancelled by the testator.
3. The lower court denied the probate and held that the same has been annulled
and revoked.
Issue: Whether or not there was a valid revocation of the will
RULING: Yes. The will was already cancelled in 1920. This was inferred when after due
search, the original will cannot be found. When the will which cannot be found in shown to
be in the possession of the testator when last seen, the presumption is that in the absence
of other competent evidence, the same was deemed cancelled or destroyed. The same
presumption applies when it is shown that the testator has ready access to the will and it
can no longer be found after his death.