G.R. No. 123673 - Calucag vs. Commission on Elections

Petition for Probate
On January 11, 1977, appellant filed a petition in the Court of First Instance of Rizal (Sp. Proc. No. 8432) for the probate of the holographic will of Ricardo B. Bonilla and for the issuance of letters testamentary in her favor.
The petition was based on an alleged photocopy of the decedent’s holographic will.

Opposition to the Petition
Appellees (Amparo Aranza Bonilla, Wilferine Bonilla Treyes, Expedita Bonilla Frias, and Ephraim Bonilla) argued estoppel for failure to produce the will within twenty days after the testator’s death (Rule 75, Sec. 2, Rules of Court).
They contended the copy did not contain a dispositive clause and was merely instructional, not intended to take effect after death.
They maintained that only the original holographic will could be admitted in evidence (citing Gan v. Yap, 104 Phil. 509).
They asserted that the deceased did not leave any validly executed will.

Consolidation and Trial Court Proceedings
The trial court consolidated Sp. Proc. No. 8432 with Sp. Proc. No. 8275 on April 4, 1977.
On November 13, 1978, appellees moved to dismiss the petition on grounds that the document was instructional and that lost holographic wills cannot be proved by secondary evidence.
The court denied the motion to dismiss on February 23, 1979.
Appellees’ motion for reconsideration was granted on July 23, 1979, and the petition was dismissed for loss of the original will and a presumption that the decedent discarded it after a 14-year lapse.
The court denied appellant’s motion for reconsideration, leading to an appeal to the Court of Appeals.

Appeal and Elevation to the Supreme Court
Before the Court of Appeals, appellant assigned errors: (a) that a lost holographic will could be proved by copy, (b) that no presumption of discarding could be drawn, and (c) that dismissal was erroneous.
On July 7, 1980, appellees moved to forward the case to the Supreme Court, alleging it presented pure questions of law.

Whether a holographic will that is lost or cannot be found may be proved by means of a photostatic (xerox) copy.