Kalaw v. Relova Digest

Kalaw v. Relova

G.R. No. L-40207 September 28, 1984

Melencio-Herrera, J. (Ponente)

Facts:

1. Gregorio Kalaw, the private respondent, claiming to be the sole heir of sister Natividad, filed a peition for probate of the latter's holographic will in 1968. The will contained 2 alterations: a) Rosa's name, designated as the sole heir was crossed out and instead "Rosario" was written above it. Such was not initialed, b) Rosa's name was crossed out as sole executrix and Gregorio's ma,e was written above it. This alteration was initialed by the testator.

2. Rosa contended that the will as first written should be given effect so that she would be the sole heir. The lower court denied the probate due to the unauthenticated alterations and additions.

Issue: Whether or not the will is valid

RULING: No, the will is voided or revoked since nothing remains in the will which could remain valid as there was only one disposition in it. Such was altered by the substitution of the original heir with another. To rule that the first will should be given effect is to disregard the testatrix' change of mind. However, this change of mind cannot be given effect either as she failed to authenticate it in accordance with Art. 814, or by affixing her full signature.