Kalaw v.

Relova
G.R. No. L-40207 September 28, 1984
Melencio-Herrera, J. (Ponente)

Facts:

1. Gregorio Kalaw, the private respondent, claiming to be the sole heir of sister
Natividad, filed a peition for probate of the latter's holographic will in 1968. The will
contained 2 alterations: a) Rosa's name, designated as the sole heir was crossed out
and instead "Rosario" was written above it. Such was not initialed, b) Rosa's name was
crossed out as sole executrix and Gregorio's ma,e was written above it. This alteration
was initialed by the testator.

2. Rosa contended that the will as first written should be given effect so that she would
be the sole heir. The lower court denied the probate due to the unauthenticated
alterations and additions.

Issue: Whether or not the will is valid

RULING: No, the will is voided or revoked since nothing remains in the will which could
remain valid as there was only one disposition in it. Such was altered by the substitution
of the original heir with another. To rule that the first will should be given effect is to
disregard the testatrix' change of mind. However, this change of mind cannot be given
effect either as she failed to authenticate it in accordance with Art. 814, or by affixing
her full signature.