GR L 40207; (September, 1984) (Digest)
G.R. No. L-40207 September 28, 1984
Rosa K. Kalaw, petitioner, vs. Hon. Judge Benjamin Relova, Presiding Judge of the CFI of Batangas, Branch VI, Lipa City, and Gregorio K. Kalaw, respondents.
FACTS
Gregorio K. Kalaw filed a petition for the probate of the holographic will of his deceased sister, Natividad K. Kalaw. The original text of the will named their sister, Rosa K. Kalaw, as the sole heir and executrix. However, the document contained alterations: the name “sister Rosa K. Kalaw” as sole heir was crossed out and “brother Gregorio Kalaw” was handwritten above it, and a similar alteration was made regarding the sole executrix. The National Bureau of Investigation confirmed all handwriting, including these insertions, was that of the testatrix. Rosa opposed probate, arguing the alterations lacked authentication by the testatrix’s full signature as required by Article 814 of the Civil Code. The trial court denied probate of the entire will due to this fatal defect.
ISSUE
Whether the original, unaltered text of the holographic will, after the subsequent unauthenticated alterations are voided, should be probated with Rosa as the sole heir.
RULING
No. The petition is dismissed, and the trial court’s denial of probate is affirmed. The Supreme Court clarified the general rule from Velasco v. Lopez: unauthenticated alterations in a holographic will typically invalidate only the specific changed words, not the entire will. However, this case presents an exception. Here, the sole substantive provision—the designation of the heir—was fundamentally altered. The unauthenticated change substituting Gregorio for Rosa as the sole heir goes to the very essence of the testament. Since this core alteration is void for non-compliance with Article 814, and it completely supersedes the original disposition, nothing of testamentary value remains to be probated. To give effect to the original text would disregard the testatrix’s demonstrable change of intent, yet that changed intent cannot be given legal effect due to the lack of proper authentication. Consequently, the entire will is rendered void. The testatrix’s real intention cannot be determined with certainty, resulting in intestacy.