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Kalaw v. Relova

This case involves a dispute over the probate of the holographic will of Natividad K. Kalaw. [1] The will originally named Rosa K. Kalaw as the sole heir but was later altered to replace Rosa with Gregorio K. Kalaw. [2] The trial court denied probate finding the alterations were not authenticated by the testatrix's signature as required by law. [3] On appeal, the Supreme Court affirmed, holding that since the sole substantial provision of the will was altered, but not properly authenticated, the entire will was voided.

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943 views2 pages

Kalaw v. Relova

This case involves a dispute over the probate of the holographic will of Natividad K. Kalaw. [1] The will originally named Rosa K. Kalaw as the sole heir but was later altered to replace Rosa with Gregorio K. Kalaw. [2] The trial court denied probate finding the alterations were not authenticated by the testatrix's signature as required by law. [3] On appeal, the Supreme Court affirmed, holding that since the sole substantial provision of the will was altered, but not properly authenticated, the entire will was voided.

Uploaded by

Charmila Siplon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Kalaw v Relova

Facts:

 On September 1, 1971, PRIVATE RESPONDENT GREGORIO K. KALAW, claiming to be the sole heir
of his deceased sister, Natividad K. Kalaw, filed a petition before the CFI of Batangas, Branch VI,
Lipa City, for the probate of her holographic Will executed on December 24, 1968.
 The holographic Will reads in full as follows:

My Last will and Testament

In the name of God, Amen.

I Natividad K. Kalaw Filipino 63 years of age, single, and a resident of Lipa City, being of sound
and disposing mind and memory, do hereby declare thus to be my last will and testament.

1. It is my will that I'll be burried in the cemetery of the catholic church of Lipa City. In
accordance with the rights of said Church, and that my executrix hereinafter named provide and
erect at the expose of my state a suitable monument to perpetuate my memory.

xxx xxx xxx

 The holographic Will, as first written, named ROSA K. Kalaw, a sister of the testatrix as her sole
heir.
 Hence, on November 10, 1971, petitioner ROSA K. Kalaw opposed probate alleging, in
substance, that the holographic Will contained alterations, corrections, and insertions without
the proper authentication by the full signature of the testatrix as required by Article 814 of the
Civil Code reading:
o Art. 814. In case of any insertion, cancellation, erasure or alteration in a holographic will
the testator must authenticate the same by his full signature.
 ROSA's position was that the holographic Will, as first written, should be given effect and
probated so that she could be the sole heir thereunder.
 After trial, respondent Judge denied probate in an Order, dated September 3, 197 3, reading in
part:
o The document Exhibit "C" was submitted to the NBI for examination. The NBI reported
that the handwriting, the signature, the insertions and/or additions and the initial were
made by one and the same person. Consequently, Exhibit "C" was the handwriting of
the decedent, Natividad K. Kalaw. The only question is whether the win, Exhibit 'C',
should be admitted to probate although the alterations and/or insertions or additions
above-mentioned were not authenticated by the full signature of the testatrix pursuant
to Art. 814 of the Civil Code. The petitioner contends that the oppositors are estopped
to assert the provision of Art. 814 on the ground that they themselves agreed thru their
counsel to submit the Document to the NBI FOR EXAMINATIONS. This is untenable. The
parties did not agree, nor was it impliedly understood, that the oppositors would be in
estoppel.
o The Court finds, therefore, that the provision of Article 814 of the Civil Code is
applicable to Exhibit "C". Finding the insertions, alterations and/or additions in Exhibit
"C" not to be authenticated by the full signature of the testatrix Natividad K. Kalaw, the
Court will deny the admission to probate of Exhibit "C".
o WHEREFORE, the petition to probate Exhibit "C" as the holographic will of Natividad K.
Kalaw is hereby denied.
 From that Order, GREGORIO moved for reconsideration arguing that since the alterations
and/or insertions were the testatrix, the denial to probate of her holographic Will would be
contrary to her right of testamentary disposition.
 Reconsideration was denied in an Order, dated November 2, 1973, on the ground that "Article
814 of the Civil Code being , clear and explicit, (it) requires no necessity for interpretation."
 Hence, this petition for review.

ISSUE: WHETHER OR NOT THE ORIGINAL UNALTERED TEXT AFTER SUBSEQUENT ALTERATIONS AND
INSERTIONS WERE VOIDED BY THE TRIAL COURT FOR LACK OF AUTHENTICATION BY THE FULL
SIGNATURE OF THE TESTATRIX, SHOULD BE PROBATED OR NOT, WITH HER AS SOLE HEIR.

RULING: No.

 Ordinarily, when a number of erasures, corrections, and interlineations made by the testator in
a holographic Will litem not been noted under his signature, ... the Will is not thereby
invalidated as a whole, but at most only as respects the particular words erased, corrected or
interlined.
 However, when as in this case, the holographic Will in dispute had only one substantial
provision, which was altered by substituting the original heir with another, but which alteration
did not carry the requisite of full authentication by the full signature of the testator, 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.
 To state that the Will as first written should be given efficacy is to disregard the seeming change
of mind of the testatrix. But that change of mind can neither be given effect because she failed
to authenticate it in the manner required by law by affixing her full signature,
 The ruling in Velasco, supra, must be held confined to such insertions, cancellations, erasures or
alterations in a holographic Will, which affect only the efficacy of the altered words themselves
but not the essence and validity of the Will itself. As it is, with the erasures, cancellations and
alterations made by the testatrix herein, her real intention cannot be determined with certitude.

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