In re: Will and Testament of the deceased REVEREND SANCHO ABADIA, SEVERINA A

VDA DE ENRI!"E#, ET A$ % &I'"E$ ABADIA, ET A$

'R No $()*++, , A-.-st *,/0
&ONTE&A1OR, J.:
2ACTS:
On Se3tem4er 5, *,67, 2ather Sancho A4adia e8ec-ted a doc-ment 3-r3ortin. to 4e his $ast
Will and Testament Resident of the Cit9 of Ce4-, he died on :an-ar9 *0, *,07 He left 3ro3erties
estimated at ;+,<<< in %al-e On Octo4er 6, *,05, one Andres Enri=-e>, one of the le.atees, filed
a 3etition for its 3ro4ate in the Co-rt of 2irst Instance of Ce4- Some co-sins and ne3he?s ?ho
?o-ld inherit the estate of the deceased if he left no ?ill, filed o33osition
D-rin. the hearin., it ?as esta4lished that 2ather Sancho ?rote o-t the ?ill in lon.hand in
S3anish ?hich the testator s3o@e and -nderstood, and that he si.ned on the left hand mar.in of
the front 3a.e of each of the three folios or sheets of ?hich the doc-ment is com3osed, and
n-m4ered the same ?ith Ara4ic n-merals, and that he si.ned his name at the end of his ?ritin. at
the last 3a.e All this ?as done in the 3resence of the three attestin. ?itnesses after tellin. that it
?as his last ?ill The said three ?itnesses si.ned their names on the last 3a.e after the attestation
cla-se in his 3resence and in the 3resence of each other
The trial co-rt fo-nd and declared the ?ill to 4e a holo.ra3hic ?ill Altho-.h at the time it ?as
e8ec-ted and at the time of the testatorAs death, holo.ra3hic ?ills ?ere not 3ermitted 49 la?, still,
4eca-se at the time of the hearin. and ?hen the case ?as to 4e decided the ne? Ci%il Code ?as
alread9 in force, ?hich Code 3ermitted the e8ec-tion of holo.ra3hic ?ills, -nder a li4eral %ie?,
and to carr9 o-t the intention of the testator ?hich accordin. to the trial co-rt is the controllin.
factor and ma9 o%erride an9 defect in form, said trial co-rt 49 order dated :an-ar9 60, *,/6,
admitted to 3ro4ate the ?ill as the $ast Will and Testament of 2ather Sancho A4adia The
o33ositors a33ealed from that decision, and 4eca-se onl9 =-estions of la? are in%ol%ed in the
a33eal, the case ?as certified to the S-3reme Co-rt 49 the Co-rt of A33eals
ISS"E:
Whether or not a ?ill ?hich 3-r3ortedl9 is a holo.ra3hic ?ill e8ec-ted 4efore the Ne? Ci%il
Code ma9 4e considered for 3ro4ate as s-ch d-rin. the effecti%it9 of the same
R"$IN':
No
At the time 2ather A4adia died in *,07, holo.ra3hic ?ills ?ere not 3ermitted The la? at the
time im3osed certain re=-irements for the e8ec-tion of ?ills, s-ch as n-m4erin. correlati%el9
each 3a.e in letters and si.nin. on the left hand mar.in 49 the testator and 49 the three attestin.
?itnesses, re=-irements ?hich ?ere not com3lied ?ith The fail-re of the testator and his
?itnesses to si.n on the left hand mar.in of e%er9 3a.e %itiates the testament
What is the la? to a33l9 to the 3ro4ate of the ?ill of 2ather A4adiaB &a9 ?e a33l9 the
3ro%isions of the ne? Ci%il Code ?hich not allo?s holo.ra3hic ?illsB B-t article ),/ of this
same ne? Ci%il Code e83ressl9 3ro%ides: CThe %alidit9 of a ?ill as to its form de3ends -3on the
o4ser%ance of the la? in force at the time it is madeC The a4o%e 3ro%ision is 4-t an e83ression
or statement of the ?ei.ht of a-thorit9 to the affect that the %alidit9 of a ?ill is to 4e D-d.ed not
49 the la? enforce at the time of the testatorAs death or at the time the s-33osed ?ill is 3resented
in co-rt for 3ro4ate or ?hen the 3etition is decided 49 the co-rt 4-t at the time the instr-ment
?as e8ec-ted One reason in s-33ort of the r-le is that altho-.h the ?ill o3erates -3on and after
the death of the testator, the ?ishes of the testator a4o-t the dis3osition of his estate amon. his
heirs and amon. the le.atees is .i%en solemn e83ression at the time the ?ill is e8ec-ted, and in
realit9, the le.ac9 or 4e=-est then 4ecomes a com3leted act
Of co-rse, there is the %ie? that the intention of the testator sho-ld 4e the r-lin. and controllin.
factor and that all ade=-ate remedies and inter3retations sho-ld 4e resorted to in order to carr9
o-t said intention, and that ?hen stat-tes 3assed after the e8ec-tion of the ?ill and after the death
of the testator lessen the formalities re=-ired 49 la? for the e8ec-tion of ?ills, said s-4se=-ent
stat-tes sho-ld 4e a33lied so as to %alidate ?ills defecti%el9 e8ec-ted accordin. to the la? in
force at the time of e8ec-tion Ho?e%er, ?e sho-ld not for.et that from the da9 of the death of
the testator, if he lea%es a ?ill, the title of the le.atees and de%isees -nder it 4ecomes a %ested
ri.ht, 3rotected -nder the d-e 3rocess cla-se of the constit-tion a.ainst a s-4se=-ent chan.e in
the stat-te addin. ne? le.al re=-irements of e8ec-tion of ?ills ?hich ?o-ld in%alidate s-ch a
?ill B9 3arit9 of reasonin., ?hen one e8ec-tes a ?ill ?hich is in%alid for fail-re to o4ser%e and
follo? the le.al re=-irements at the time of its e8ec-tion then -3on his death he sho-ld 4e
re.arded and declared as ha%in. died intestate, and his heirs ?ill then inherit 49 intestate
s-ccession, and no s-4se=-ent la? ?ith more li4eral re=-irements or ?hich dis3enses ?ith s-ch
re=-irements as to e8ec-tion sho-ld 4e allo?ed to %alidate a defecti%e ?ill and there49 di%est the
heirs of their %ested ri.hts in the estate 49 intestate s-ccession The .eneral r-le is that the
$e.islat-re can not %alidate %oid ?ills
In %ie? of the fore.oin., the ?ill concerned is denied 3ro4ate