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KALAW v.

RELOVA
Sept. 28, 1984 | MELENCIO-HERRERA, J.| Wills > Forms > Holographic; Formal Reqs
PETITIONERS: ROSA KALAW
RESPONDENTS: HON. JUDGE RELOVA (became SC justice ata in this case, but took no part) &
GREGORIO KALAW
SUMMARY: Brother petitioned for probate of holo will of their dead sister. Living sister opposes due to
erasures in holo will that have not been authenticated, pursuant to Art. 814, CC. CFI denied probate for
non-compliance. SC holds that the entire will is invalidated, since the will in this case had only one
substantial provision, and invalidating the non-authenticated words would essentially leave nothing else in
the holo will.
.
DOCTRINE: See Held #s 1 & 2

FACTS:
1. Respondent, claiming to be the sole heir of his sister, Natividad, filed a petition for the probate of
her holographic will. (Contents of holographic will: she was to be buried in the cemetery of the
Catholic church in Lipa, and that her executrix erect a suitable monument to perpetuate her
memory)
2. Petitioner, Rosa, who was first written as executrix in the will, opposed the probate, alleging
violations of Art. 814 of the Civil Code, as the alterations, corrections, and insertions in the will were
made without the proper authentication (full signature) by the testatrix. She contended that the will,
as first written (without the insertions, etc) should be given effect, which would make her the sole
heir of Natividad.
3. CFI denied probate, holding that although the NBI did find that the insertions, etc. were made in
the handwriting of Natividad, Art. 814 applies insofar as such insertions were not made with the
authentication by her.
4. Respondent filed MR: denial of the probate of her will would violate her right to testamentary
disposition. Denied: Art. 814 is clear and explicit.
5. Petitioner filed Petition for Review on Certiorari.
ISSUE: WN the original unadulterated text, after subsequent alterations were voided by the TC due to lack
of authentication by the testatrix, should be probated with petitioner as the sole heir: - Y

HELD:
1. Ordinarily, when a number of erasures made by the testator in a holographic will are not
noted under his signature, the entire will is not invalidated, but at most, only with respect to
the particular words erased.
2. In this case, however, the will had only one substantial provision, which was altered
(substituting the heir) but not authenticated, the entire will must be voided because nothing
remains in the will after that which could remain valid. To state that the will, as first written,
should be given effect is to disregard the apparent changing mind of Natividad. The Court
also said, however, that the alterations may not be given effect as she failed to comply with
Art. 814.
3. (As to the ruling in Velasco see Held #1) Such is confined to the insertions which affect only the
efficacy of the words themselves, and not the essence of the will itself. In this case, the erasures
made by Natividad do not betray her intentions.
CONCURRING (TEEHANKEE, J.)
Probate of the radically altered will is properly denied, due to non-authentication. The original
unaltered will cannot be given effect pursuant to the established fact that the alterations were made by
Natividad in her handwriting, meaning that essentially, there was no longer any will naming Rosa as the
sole heir. To conclude, there was no valid will, and the parties succeed intestate.

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