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Kalaw Vs Relova

1. Rosa K. Kalaw opposed the probate of her sister Natividad K. Kalaw's holographic will, claiming the will contained alterations without proper authentication by the testatrix's full signature as required by law. 2. The trial court denied probate of the will, and Rosa filed a petition for review. 3. The Supreme Court ruled that since the sole substantial provision of the will was altered without the required authentication, the entire will was revoked and could not be probated.

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43 views1 page

Kalaw Vs Relova

1. Rosa K. Kalaw opposed the probate of her sister Natividad K. Kalaw's holographic will, claiming the will contained alterations without proper authentication by the testatrix's full signature as required by law. 2. The trial court denied probate of the will, and Rosa filed a petition for review. 3. The Supreme Court ruled that since the sole substantial provision of the will was altered without the required authentication, the entire will was revoked and could not be probated.

Uploaded by

Christine
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© © All Rights Reserved
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Kalaw vs Relova GR No.

L 40207
Facts:
1.

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 Court of First Instance of Batangas, Branch
VI, Lipa City, for the probate of her holographic Will executed on December 24, 1968.

2.

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: 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.

3.
4.

After trial, respondent Judge denied probate.


ROSA filed this Petition for Review on certiorari on the sole legal question of 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.

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:
The Will shall not be probated. 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,

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