Gago v. Mamuyac Digest

Gago vs. Mamuyac 

G.R. No. L-26317 January 29, 1927

Johnson, J. (Ponente)

Facts: 

1. Previously, Francisco Gago filed a petition for the probate of a will of Miguel Mamuyac executed on July 27, 1918. The oppositors alleged that the said will was already annulled and revoked. It appeared that on April 16, 1919, the deceased executed another will. The lower court denied the probate of the first will on the ground of the existence of the second will.

2. Another petition was filed to seek the probate of the second will. The oppositors alleged that the second  will presented was merely a copy. According to the  witnesses, the said will was allegedly revoked as per the testimony of Jose Tenoy, one of the witnesses who typed the document. Another witness testified that on December 1920 the original will was actually cancelled by the testator.  

3. The lower court denied the probate and held that the same has been annulled and revoked.

Issue: Whether or not there was a valid revocation of the will

RULING: Yes. The will was already cancelled in 1920. This was inferred when after due search, the original will cannot be found. When the will which cannot be found in shown to be in the possession of the testator when last seen, the presumption is that in the absence of other competent evidence, the same was deemed cancelled or destroyed. 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.