17 November 2018

- Will a document that is about to be done by another person at another time, can this be
incorporated into the will?
- “I hereby revoke the will which I executed on 2013.” May this be considered as a codicil?
- There can be revocation through a codicil. If it does, it can only be partial revocation, not total
revocation, otherwise it ceases to be a codicil anymore.
- X wanted to revoke his will, and he asked A, his only son, to get the envelope containing the will.
The son replaced the document with a deed of sale. Was there a revocation? Yes. Revocation by
implication of law due to act of unworthiness (Art. 1032).
- In matters of revocation always look as to where the act may fall from among the three forms of
revocation.
- If X executed a will in 1995, another in 2005, which resulted in the revocation of the first will. If
the second will is revoked, can the first will be given effect? Yes, if the revocation was implied. If
express revocation, the first will can only be valid if there is a subsequent will or codicil under
Art. 837.
- The testator executed a will in 1995 designating A, B and C as heirs. After 10 years, there was
express revocation and designation of D, E and F as heirs. If petition for probate (for the second
will) was filed and was denied probate due to lack of formality, will the first will be given effect?
Yes, under the doctrine of DDRR, or Molo v. Molo.
- Second question supra, should the second be valid but cannot take effect due to incapacity of D,
E and F will the will still be valid? Yes, under
- FYI: “Instanter” means the instantaneous effect of revocatory clause shall take effect once set to
ink.
- Art. 832 will result into an “INOPERATIVE” will--wherein the will is valid, yes, but the heirs
wouldn’t exactly succeed due to their respective incapacities.
- Gago case. The presumption of revocation was not allowed since there was proof of revocation
in 1920. The same presumption applies when it is shown that the testator has ready access to
the will and it can no longer be found after his death. The will must last be seen in the
possession of the testator in order for the presumption would arise.
- Casiano case.
- The testator executed a will in 2005, but realizing that the will was void, he executed another
will in 2010, stating in the 2nd will that the estate will be distributed in accordance with the
provisions in the first will.
- Why is there a need to probate a will? 1st sentence of Art. 838
- If there is a failure to submit the death certificate, will there still be a possibility of probate?
- X designated a notarial will designating his girlfriend as the sole heir. They parted ways, X met
another girl. X instituted the new girl as his sole heir in a holographic will. The will was burned
but Y, a friend read it and memorized it. Can the holo. will still be subject to probate? How about
the previously, expressly revoked notarial will, can it still be revoked? No anent first question, in
light of Gan v. Yap which stated that no probate sans will--but under a footnote of the case, a
photostatic copy will suffice. This lead to the Rodelas case. (Prof. questions Rodelas case since
there are a lot of peeps who can make a fake Xerox of holo.)
- Notarial will can still be probated in light of oral testimony of the witnesses.
- In the girlfriend will question, notarial will can be probated in light of DDRR in Molo v. Molo.
- Only holo wills may be contested because the authenticity of the handwriting is being
questioned, three witnesses must be presented here after all.
- If only one witness was presented in holo will, the will cannot be probated? Yes, it may. The
three witness requirement in probate of holo is only true if the will was contested.
- Azaola case and Codoy case
- Azaola stated that the 3 witness requirement was merely permissive. JBL Reyes here reasoned
out that (a) one can refer to opinion of expert witness anent handwriting (b) the witnesses
might have already died as well.
- Is Art. 839 exclusive? Yes. If so, where can revocation fall under the six paragraphs in Art. 839?
- Jurisdictional matter. Once there is revocation, there is no valid will to speak of, hence, the
probate court can never assume jurisdiction. The Will will not be disallowed but the petition
shall be dismissed.
- Santiago v. Santiago case
- If the only heirs to survive X were his brothers, sisters, nephews and nieces. However during his
life, X donated parcels of land to friends. Is this subject to collation? There is no need for
collation since no compulsory heirs survive.
- Is there a situation where there is no need for collation?
- Reason for collation: To know if there are any legitimes impaired.
- The expenses of the parents in favor of one of the children who studied law school, is that
subject to collation?
- X & Y (spouses) donated a condo worth 12 M to C and W (the fiancée), one of their 3 children (A
and B). How do we go about the collation? 6 million must be charged to the free portion.
- A donation to parents, where is this chargeable? One must determine W/N the parent will be a
CH, otherwise, the donation to the parent can just be checked off at the Free Portion.
- Anything received through right of representation can likewise be subject to collation.
- Will either revocable or irrevocable donation be subject to