Case Summary (G.R. No. 103442-45)
Key Dates
- December 24, 1968: Holographic will executed
- September 1, 1971: Petition for probate filed by Gregorio
- November 10, 1971: Opposition filed by Rosa
- September 3, 1973: Trial court order denying probate
- November 2, 1973: Reconsideration denied
- September 28, 1984: Supreme Court decision
Applicable Law
- Civil Code (1930), Article 814: “In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature.”
- Jurisprudence: Velasco vs. Lopez, 1 Phil. 720 (1903); commentaries of Manresa on Spanish Civil Code art. 688
- Constitution in force: 1935 Philippine Constitution
Procedural History
Gregorio petitioned for probate of Natividad’s holographic will, which originally named Rosa as sole heir but was later altered in Natividad’s handwriting to name Gregorio instead. Rosa opposed, arguing that the insertions and substitutions were not authenticated by Natividad’s full signature as required by Article 814. The trial court referred the document to the NBI, which confirmed the handwriting. It nonetheless denied probate for lack of proper authentication of the alterations. Reconsideration was likewise denied, leading Rosa to elevate the sole legal question to the Supreme Court.
Issue
Does the absence of the testatrix’s full signature on alterations substituting the named heir in a holographic will invalidate the entire instrument or permit probate of the original unaltered text?
Holding
The Supreme Court affirmed the trial court’s denial of probate in toto.
Rationale
- Article 814’s authentication requirement is mandatory: every insertion, erasure, or alteration must bear the testator’s full signature.
- Where a single dispositive clause has been altered to change the sole heir, and that alteration is not authenticated, nothing remains valid in the will.
- Precedents allowing unratified changes that do not affect the w
Case Syllabus (G.R. No. 103442-45)
Facts of the Case
- On September 1, 1971, private respondent Gregorio K. Kalaw filed a petition for the probate of the holographic will of his deceased sister, Natividad K. Kalaw, before the Court of First Instance of Batangas, Branch VI, Lipa City.
- The petition sought to admit to probate a will executed entirely in the handwriting of Natividad on December 24, 1968.
- The original draft of the will named Rosa K. Kalaw, the testatrix’s sister, as sole heir; subsequent alterations substituted Gregorio in that capacity.
Contents of the Holographic Will
- Title: “My Last Will and Testament,” dated December 24, 1968.
- Invocation: “In the name of God, Amen.”
- Testatrix’s Description: Natividad K. Kalaw, Filipino, 63 years old, single, resident of Lipa City, of sound and disposing mind.
- Burial Instructions: Interment in the cemetery of the Catholic Church of Lipa City; erection of a suitable monument at estate expense.
- Dispositive Clause: All real and personal property bequeathed to brother Gregorio Kalaw, to hold absolutely and unconditionally.
- Appointment of Executor: Gregorio Kalaw named sole executrix, exempt from filing a bond.
- Signature and Witness: Signed by Natividad K. Kalaw and witnessed by Lydia S. Pecio.
Opposition to Probate
- On November 10, 1971, Rosa K. Kalaw opposed the petition, alleging:
- The will contained alterations, corrections, and insertions not authenticated by the testatrix’s full signature.
- Such lack of authentication violated Article 814 of the Civil Code, which mandates full‐signature authentication for any change in a holographic will.
- The original text naming Rosa as sole heir should therefore be probated.
Trial Court Proceedings and Findings
- Exhibit “C” (the holographic will) was submitted to the National Bureau of Investigation (NBI) for handwriting analysis.
- NBI Report: Confirmed that the handwriting, signature, insertions,