Severina vda. de Enriquez vs. Miguel Abadia.
G.R. No. L-7188 August 9, 1954
On September 6, 1923, Father Sancho Abadia, parish priest executed a holographic will. He died on January 14, 1943 and left properties estimated at P8,000 in value. Andres Enriquez, one of the legatees filed a petition for its probate. Some cousins and nephews who would inherit the estate of the deceased if he left no will, filed opposition.
At the time of the testator’s death, holographic wills were not permitted by law. However during the hearing, the new Civil Code was already in force, which Code permitted the execution of holographic wills. The trial court admitted to probate the will for the reason that under a liberal view, and to carry out the intention of the testator which is the controlling factor and may override any defect in form. The oppositors are appealing from that decision.
(1) What law shall govern the will of Father Abadia?
(2) Whether failure to observe formal requirements at the time of execution invalidates the will?
(1) The validity of a will as to form is to be judged not by the law in force at the time of the testator’s death or at the time the supposed will is presented in court for probate or when the petition is decided by the court but at the time the instrument was executed. One reason in support of the rule is that although the will operates upon and after the death of the testator, the wishes of the testator about the disposition of his estate among his heirs and among the legatees is given solemn expression at the time the will is executed, and in reality, the legacy or bequest then becomes a completed act.
(2) YES. When one executes a will which is invalid for failure to observe and follow the legal requirements at the time of its execution then upon his death he should be regarded and declared as having died intestate, and his heirs will then inherit by intestate succession, and no subsequent law with more liberal requirements or which dispenses with such requirements as to execution should be allowed to validate a defective will and thereby divest the heirs of their vested rights in the estate by intestate succession. The general rule is that the Legislature can not validate void wills.
Please check out our tags for more personal case digests!
51 Phil. 725 (1928) (1) 69 SCRA 643 1979 (1) 122 SCRA 461 (1983) (1) 174 SCRA 401 1989 (1) 223 SCRA 443 1993 (1) 245 SCRA 268 1995 (1) Aban (1) abuse of rights (2) Administrative Law (5) Agency (4) alteration (2) American Express International Inc. (1) Argente (1) Article 19 (2) Article 26 of the Family Code (2) article 36 (4) Article 148 of the Family Code (2) Article 153 of the Family Code (3) Asian Crusader (1) Bill of Rights (3) Canilang (1) capacity to contract marriage (2) Case Digest (259) Chain of Custody (2) Civil Code (20) civil law (40) Civil Procedure (48) commercial law (41) Commissioner of Internal Revenue (1) Company Policies (2) Conflicts of Law (33) Constitutional Law (25) Constitutional Rights of Employers and Employees (2) court of appeals (9) Credit Card (2) Credit Transactions (7) criminal procedure (9) Different Kind Of Obligations (2) dismissal (2) divorce (2) Donor's Tax (1) Dreamwork (2) ec2 (2) ejusdem generis (2) Election Law (2) Eminent Domain (4) Employee’s Rights (2) evidence (2) Extinguishment of Obligations – Compensation (2) family code (17) family home (4) Florendo (1) foreign divorce (2) forgery (2) G.R. No. 144134 (1) G.R. No. 149110 (1) instagram (2) Insurance (15) Intellectual Property (6) japan (4) Judicial review (2) labor law (37) Law School (249) Local Government Code (2) Manila Bankers Life Insurance Corporation (1) marriage (12) NAIA Terminal 3 (2) National Labor Relations Commission (7) National Power Corporation (1) negotiable instrument (10) No. L-32364 (1) Oblicon (19) Obligation and Contracts (25) Persons and Family Relations (21) Philam Plans Inc. (1) Philippine Airlines (2) Philippine Airlines Inc. (2) Philippine citizenship (2) Police power (2) Political Law (33) Ponente (7) programming (2) property (6) Psychological Incapacity (4) public officers (2) Ramie Textiles Inc. Mathay Sr. (1) Remedial Law (52) Residence (2) Rights to Security of Tenure and Due Process (2) security (2) Seven (7) Cardinal Rights of Workers (2) shrines (2) Social justice (7) Sources of Labor Rights and Obligations (4) Succession (3) Sunlife (1) Taxation Law (6) temple (2) tokyo (3) TYPES of Employees (2)