Lopez v.

Lopez
G.R. No. 189984 (Resolution)
[November 12, 2012]
698 PHIL 423-428

Facts:
 Richard, the son of Enrique Lopez, and the named executor in the will, filed for
the probate of his father’s will.
 The RTC disallowed the probate of the will for failure to comply with the required
statement in the attestation clause as to the number of pages used upon which
the will is written.
 While the acknowledgment portion stated that the will consists of 7 pages
including the page on which the ratification and acknowledgment are written, the
RTC observed that it has 8 pages including the acknowledgment portion.
Issue:
 Did the discrepancy between the number of pages in the attestation clause and
the actual number of pages in the will warrant the disallowance of the will?
Ruling:
 Yes.
 The law is clear that the attestation must state the number of pages used upon
which the will is written.
 The provisions of the Civil Code on Forms of Wills, particularly, Articles 805 and
809 of the Civil Code provide that the attestation must state the number of pages
used upon which the will is written.
 The purpose of the law is to safeguard against possible interpolation or omission
of one or some of its pages and prevent any increase or decrease in the pages.
 Here, the will actually consists of 8 pages including its acknowledgment which
discrepancy cannot be explained by mere examination of the will itself but
through the presentation of evidence aliunde.
In re: Labrador v. Court of Appeals
G.R. Nos. 83843-44
[April 5, 1990]
263 PHIL 50-57

Facts:

 Melecio died leaving behind a parcel of land to his heirs. He had executed a

holographic will.
 During probate proceedings, two heirs filed an opposition on the ground that the
will has been extinguished by implication of law
 They were alleging that before Melecio’s death, the parcel of land was already
sold to them. They eventually sold the same property to another person.
 RTC admitted the will to probate and declared the TCT null and void
 The CA denied the appeal on the ground that it was undated.
o The date was not in the usual place
 Usually found on the front page, upper right hand corner
 The date, in this case, was on the second page, and incorporated
within the first paragraph.

Issue:

 Was the will dated in accordance with Art. 810?

Ruling:

 Yes.
 The law does not specify a particular location where the date should be placed in
the will. The only requirements are that the date be in the will itself and executed
in the hand of the testator. These requirements are present in the subject will.
 The will has been dated in the hand of the testator himself in perfect compliance
with Article 810. It is worthy of note to quote the first paragraph of the second
page of the holographic will.
 The one who made this writing is no other than Melecio himself.
Spouses Ajero v. Court of Appeals
G.R. No. 106720
[September 15, 1994]
306 PHIL 500-510

Facts:
 The holographic will of Annie Sand was submitted for probate.
 Private respondent opposed the petition on the grounds that: neither the
testament's body nor the signature therein was in decedent's handwriting; it
contained alterations and corrections which were not duly signed by decedent;
and, the will was procured by petitioners through improper pressure and undue
influence.
 The disposition in the will of a house and lot was also contested: that the said
property could not be conveyed by decedent in its entirety, as Annie Sand was
not its sole owner.
 The trial court still admitted the decedent’s holographic will to probate.
o The trial court held that since it must decide only the question of the
identity of the will, its due execution and the testamentary capacity of the
testatrix, it finds no reason for the disallowance of the will for its failure to
comply with the formalities prescribed by law nor for lack of testamentary
capacity of the testatrix.
 On appeal, the CA reversed said trial court decision holding that the decedent did
not comply with Articles 313 and 314 of the NCC.
o It found that certain dispositions in the will were either unsigned or
undated, or signed by not dated. It also found that the
erasures, alterations and cancellations made had not
been authenticated by decedent.
Issues:
 Did the CA make a mistake in holding that Art. 813 and 814 were no complied
with?
Ruling:
 Yes.
 A reading of Article 813 of the New Civil Code shows that its requirement
affects the validity of the dispositions contained in the holographic will, but
not its probate. If the testator fails to sign and date some of the
dispositions, the result is that these dispositions cannot be effectuated.
Such failure, however, does not render the whole testament void.
 Likewise, a holographic will can still be admitted to probate,
notwithstanding non-compliance with the provisions of Article 814.
 Thus, unless the unauthenticated alterations, cancellations or insertions
were made on the date of the holographic will or on testator's
signature, their presence does not invalidate the will itself. The lack of
authentication will only result in disallowance of such changes.
 It is also proper to note that the requirements of authentication of changes
and signing and dating of dispositions appear in provisions (Articles 813
and 814) separate from that which provides for the necessary conditions
for the validity of the holographic will (Article 810).
 This separation and distinction adds support to the interpretation that only
the requirements of Article 810 of the New Civil Code — and not those
found in Articles 813 and 814 of the same Code — are essential to the
probate of a holographic will.
Kalaw v. Relova
G.R. No. L-40207
[September 28, 1984]
217 PHIL 232-238

Facts:
 Gregorio Kalaw, claiming to be the sole heir of his deceased sister, Natividad,
filed a petition for the probate of her holographic will
 The holographic Will, as first written, named Rosa Kalaw, a sister of the testatrix
as her sole heir.
 She opposed probate alleging that the holographic Will
contained alterations, corrections, and insertions without the
proper authentication by the full signature of the testatrix (Art. 814)
 Rosa’s position was that the holographic Will, as first written, should be given
effect and probated so that she could be the sole heir.
 Trial Court denied petition to probate the holographic will
 Reconsideration denied.
Issue:
 Should the original, unaltered text of the will be probated?
Ruling
 Ordinarily, when a number of erasures, corrections, and interlineations
made by the testator in a holographic will have not been noted under his
signature, the will is not thereby invalidated as a whole, but at most only as
respects the particular words erased, corrected or interlined.
 However, when as in this case, the holographic Will in dispute had only
one substantial provision, which was altered by substituting the original
heir with another, but which alteration did not carry the requisite of full
authentication by the full signature of the testator, the effect must be that
 the entire Will is voided or revoked for the simple reason that nothing
remains in the Will after that which could remain valid.
 To state that the Will as first written should be given efficacy is to disregard
the seeming change of mind of the testatrix. But that change of mind can
neither be given effect because she failed to authenticate it in the manner
required by law by affixing her full signature.
 Teehankee, concurring:
o The original unaltered will naming Rosa as sole heir cannot,
however, be given effect in view of the trial court's factual finding that
the testatrix had by her own handwriting substituted Gregorio for
Rosa, so that there is no longer any will naming Rosa as sole heir.
The net result is that the testatrix left no valid will and both Rosa and
Gregorio as her next of kin succeed to her intestate estate.