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    34 Kalaw vs. Relova GR No. L-40207

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    Ma. Micaela Binuya
    This document summarizes a Supreme Court case from 1984 regarding a will. The testator, Natividad K. Kalaw, made alterations to her holographic will that changed her sole heir from Rosa K. Kalaw to Gregorio K. Kalaw. However, the alterations were not authenticated by the testator's full signature as required by law. The Supreme Court upheld the trial court's decision to void the entire will, as the sole substantial provision was altered without proper authentication, leaving nothing valid in the will. The Court established that alterations impacting the essence or intention of the will require the testator's full signature to be valid.

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    34 Kalaw vs. Relova GR No. L-40207

    Uploaded by

    Ma. Micaela Binuya
    649 views1 page
    This document summarizes a Supreme Court case from 1984 regarding a will. The testator, Natividad K. Kalaw, made alterations to her holographic will that changed her sole heir from Rosa K. Kalaw to Gregorio K. Kalaw. However, the alterations were not authenticated by the testator's full signature as required by law. The Supreme Court upheld the trial court's decision to void the entire will, as the sole substantial provision was altered without proper authentication, leaving nothing valid in the will. The Court established that alterations impacting the essence or intention of the will require the testator's full signature to be valid.

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    case digets of kalaw vs relowa gr no l-40207

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    This document summarizes a Supreme Court case from 1984 regarding a will. The testator, Natividad K. Kalaw, made alterations to her holographic will that changed her sole heir from Rosa K. Kalaw to Gregorio K. Kalaw. However, the alterations were not authenticated by the testator's full signature as required by law. The Supreme Court upheld the trial court's decision to void the entire will, as the sole substantial provision was altered without proper authentication, leaving nothing valid in the will. The Court established that alterations impacting the essence or intention of the will require the testator's full signature to be valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    649 views1 page

    34 Kalaw vs. Relova GR No. L-40207

    Uploaded by

    Ma. Micaela Binuya
    This document summarizes a Supreme Court case from 1984 regarding a will. The testator, Natividad K. Kalaw, made alterations to her holographic will that changed her sole heir from Rosa K. Kalaw to Gregorio K. Kalaw. However, the alterations were not authenticated by the testator's full signature as required by law. The Supreme Court upheld the trial court's decision to void the entire will, as the sole substantial provision was altered without proper authentication, leaving nothing valid in the will. The Court established that alterations impacting the essence or intention of the will require the testator's full signature to be valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    34

    Kalaw vs. Relova


    G.R. No. L-40207 132 SCRA 245
    September 28, 1984
    MELENCIO-HERRERA, J.:

    Testator: Natividad K. Kalaw


    Proponent: Gregorio K. Kalaw
    Oppositor: Rosa K. Kalaw
    Type of Succession: Testate

    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 Court of First Instance of Batangas,
    Branch VI, Lipa City, for the probate of her holographic Will executed on December 24, 1968. However, the
    holographic Will, as first written, named ROSA K. Kalaw, a sister of the testatrix as her sole heir. 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."
    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, finding the insertions, alterations and/or additions in the
    will was not authenticated by the full signature of the testator. Gregorio moved for reconsideration arguing
    that since the alterations and/or insertions were made by 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." This order at the same time denied the probate
    proceeding of Rosa R Kalaw.
    Hence, this petition for review on certiorari.

    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:
    YES, the will is voided by the Trial court. Ordinarily, when a number of erasures, corrections, and
    interlineations made by the testator in a holographic Will have not been noted under his signature, x x x 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.

    DOCTRINE/PRINCIPLE:
    Omissions or alterations made to the document which are of little to no important to the essence of
    the will need not be subscribed with the full signature of the testater. Howewer, when such alteration or
    omission woul raise doubts as to the intention of the testator then these alterations require the full signature
    of the testator in order to be entertained as the valid intention of the testator.

    Digested by: Micaela Binuya

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