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KALAW v.

RELOVA
G.R. No. L-40207 | September 28, 1984| Melencio-Herrera J.
Digested by JF Law 105 Succession
Topic: Insertions,

072

Cancellations, Erasures and Alterations (Art. 814)

Gregorio filed for probate of Natividads holographic will. Rosa opposed, alleging that the will contained alterations,
corrections, and insertions without prior authentication by the full signature of the testatrix required by Art. 814. 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 with respect to the particular words erased,
corrected or interlined. But where a holographic will in dispute has only one substantial provision, which was altered by
substituting the original heir with another, but which alteration did not carry the requisite full authentication by the full signature
of the testor, 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.

FACTS

On Sept 1971, herein private respondent, Gregorio Kalaw, claiming to be the sole heir of
his deceased Sister, Natividad Kalaw, filed a petition for the probate of her holographic
will.
But the proceeding was objected by one Rosa Kalaw.
It appears that the holographic will, as first written
o a) named her (Rosa), also a sister of the testatrix as sole heir, and that
o b) she was also named as sole executrix. However, the will appears to contain 2
alterations.
o First, Rosa's name, designated as the sole heir was crossed out and instead
"Rosario" was written above it. Such was not initialed. Second, Rosa's name was
crossed out as sole executrix and Gregorio's name was written above it. This
alteration was initialed by the testator.
Thus, her opposition was based on the fact that the will containing alterations,
corrections, and insertion is without the proper authentication by the fill signature of the
testatrix as required by Art. 814 w/c reads: In case of any insertion, cancellation, erasure
or alteration in a holographic will the testator must authenticate the same by his full
signature
She now argues that the holographic will, as first written, should be given effect and
probated so that she could be the sole heir thereunder.
TC denied petition to probate

ISSUES AND HOLDING:

WON the original unaltered text after subsequent alterations and


insertions were voided by the TC for lack of authentication by the full signature of the testatrix,
should be probated or not, with Rosa as sole heir? NO

RATIO:

Generally, when a number of erasures, corrections, cancellation, or insertions are made


by the testator in the will but the same have not been noted or authenticated with his
full signature, only the particular words erased, corrected, altered will be invalidated,
not the entirety of the will.
This general rule has exceptions, as in this case. When the holographic will had only one
substantial provision, which was altered by substituting the original heir with another,
and the same did not carry the requisite full signature of the testator, or simply put,
where the change affects the essence of the will of the testator, the entirety of the will
is voided or revoked.
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.


Dispositive: Petition failed




Other points:
Exceptions:

1. Where the change affects the essence of the will of the testator; Note: When the holographic
will had only one substantial provision, which was altered by substituting the original heir with
another, and the same did not carry the requisite full signature of the testator, the entirety of
the will is voided or revoked.

Reason: What was cancelled here was the very essence of the will; it amounted to the revocation
of the will. Therefore, neither the altered text nor the original unaltered text can be given effect.
(Kalaw v. Relova, G.R. No. L-40207, Sept. 28, 1984)

2. Where the alteration affects the date of the will or the signature of the testator.

3. If the words written by a 3rd person were contemporaneous with the execution of the will,
even though authenticated by the testator, the entire will is void for violation of the requisite
that the holographic will must be entirely in the testators handwriting.