REVOCATION OF WILLS AND TESTAMENTARY DISPOSITION

TESTATE ESTATE OF ADRIANA MALOTO V. CA

The physical act of destruction of a will, like burning in this case, does not per se
constitute an effective revocation, unless the destruction is coupled with animus
revocandi on the part of the testator. It is not imperative that the physical
destruction be done by the testator himself. It may be performed by another
person but under the express direction and in the presence of the testator. Of
course, it goes without saying that the document destroyed must be the will itself.
In this case, whileanimus revocandi, or the intention to revoke, may be
conceded, for that is a state of mind, yet that requisite alone would not suffice.
"Animus revocandi is only one of the necessary elements for the effective
revocation of a last will and testament. The intention to revoke must be
accompanied by the overt physical act of burning, tearing, obliterating, or
cancelling the will carried out by the testator or by another person in his presence
and under his express direction.

GAN V. YAP

The execution and the contents of a lost or destroyed holographic will may not be
proved by the bare testimony of witnesses who have seen and/or read such will.
The will itself must be presented; otherwise, it shall produce no effect. The law
regards the document itself as material proof of authenticity

RODELAS V. ARANZA

photostatic copy or xerox copy of the holographic will may be allowed because
comparison can be made with the standard writings of the testator. In the case of
Gan vs. Yap, 104 Phil. 509, the Court ruled that "the execution and the contents
of a lost or destroyed holographic will may not be proved by the bare testimony of
witnesses who have seen and/or read such will. The will itself must be presented;
otherwise, it shall produce no effect. The law regards the document itself as
material proof of authenticity." But, in Footnote 8 of said decision, it says that
"Perhaps it may be proved by a photographic or photostatic copy. Even a
mimeographed or carbon copy; or by other similar means, if any, whereby the
authenticity of the handwriting of the deceased may be exhibited and tested
before the probate court." Evidently, the photostatic or xerox copy of the lost or
destroyed holographic will may be admitted because then the authenticity of the
handwriting of the deceased can be determined by the probate court/