Case Digest: Rodelas vs. Aranza, G.R. No. L-58509, December 7, 1982

  Succession | Lost Will

Ponente:
Bengzon, J.

Recit Version:
-


Facts:
On January 25, 1962, Ricardo B. Bonilla allegedly executed a holographic will.

On May 13, 1976, Ricardo died.

Marcela Rodelas files a petition in the CFI-Rizal for the probate of Ricardo's holographic will and requests letters testamentary.

Amparo Aranza Bonilla, Wilferine Bonilla Treyes, Expedita Bonilla Frias and Ephraim Bonilla opposed the petition on the following grounds:
  1. Appellant failed to produce the will within twenty days of the testator's death, as required by Rule 75, section 2 of the Rules of Court.
  2. The alleged copy of the holographic will did not contain a disposition of property after death and was not intended to take effect after death, therefore it is not a valid will.
  3. The actual holographic will, not a copy, must be produced; otherwise, it would have no legal effect, referencing the Gan v. Yap.
  4. The deceased did not leave any will, holographic or otherwise.
CFI-Rizal: Dismissed the petition for probate of the holographic will, stating that once the original copy of the holographic will is lost, a copy thereof cannot stand in lieu of the original. The court also notes the lapse of more that 14 years from the time of the execution of the will and the death of the testator, suggests that the decedent had discarded the allegedly missing Holographic Will before his death.

Trial Court: Refused to probate the will, and accepted the oppositor's evidence that Felicidad did not and could not have executed such holographic will.

Issue:
WoN a holographic will which was lost or cannot be found can be proved by means of a photostatic copy. YES

Held:
Pursuant to Article 811 of the Civil Code, probate of holographic wills is the allowance of the will by the court after its due execution has been proved. The probate may be uncontested or not. If uncontested, at least one Identifying witness is required and, if no witness is available, experts may be resorted to. If contested, at least three Identifying witnesses are required. 

However, if the holographic will has been lost or destroyed and no other copy is available, the will can not be probated because the best and only evidence is the handwriting of the testator in said will. It is necessary that there be a comparison between sample handwritten statements of the testator and the handwritten will. But, a 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 Gam 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.

WHEREFORE, the order of the lower court dated October 3, 1979, denying appellant's motion for reconsideration dated August 9, 1979, of the Order dated July 23, 1979, dismissing her petition to approve the will of the late Ricardo B. Bonilla, is hereby SET ASIDE.

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