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IN MATTER OF PETITION TO APPROVE WILL OF MELECIO LABRADOR v. CA

FACTS:

This case involves the probate of the alleged holographic will of Melecio Labrador. Melecio Labrador died leaving behind a parcel of land and several heirs. Sagrado, Enrica, and Cristobal Labrador filed a petition for probate of the holographic will, while Jesus and Gaudencio Labrador opposed it, claiming that the will had been revoked when Melecio executed a Deed of Absolute Sale of the land. Sagrado subsequently filed a case for annulment of the Deed of Absolute Sale against Jesus and Gaudencio. The trial court allowed the probate of the holographic will and declared the Deed of Absolute Sale null and void. The court also ordered the defendants in the annulment case to reimburse Sagrado for the redemption price paid for the property. However, the Court of Appeals modified the decision, denying the probate of the will and reversing the order of reimbursement. The petitioners now seek the allowance of the probate of the holographic will and the reinstatement of the order of reimbursement. In addition, the court provides a translation of the alleged will written in Ilocano.

ISSUES:

  1. The sole issue in this case is whether or not the alleged holographic will of Melecio Labrador is dated, as required by Article 810 of the New Civil Code.

RULING:

  1. The Court of Appeals erred in denying the allowance of the probate of the holographic will for being undated. The Supreme Court reinstated the decision of the trial court and held that the holographic will should be probated. The Court emphasized that Article 810 of the New Civil Code does not require the will to be dated; it only requires that the will be entirely written, dated and signed by the hand of the testator. As long as the will is entirely written, signed, and complies with the prescribed formalities, it should be admitted to probate.

PRINCIPLES:

  • In order for a holographic will to be valid, it must be entirely written, dated, and signed by the hand of the testator. (Article 810, New Civil Code)

  • The requirement of a date in a holographic will does not refer to the time of the execution of the will, but to the day, month, and year when the testator wrote the will. (Baes vs. Abiera, G.R. No. 103727, January 31, 1996)