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    Rodelas vs. Aranza 119 SCRA 16, December 07, 1982 Facts

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    Diomarie Pedrozo
    The case involved a petition to probate a holographic will that had been lost. The opponents argued that lost holographic wills could not be proved through secondary evidence like ordinary wills. The court ruled that while a lost holographic will could not be probated without the original, a photostatic or xerox copy of the lost holographic will could be admitted as evidence to allow comparison of the handwriting to the testator's standard writings. This would allow authentication of the handwriting and probate of the lost holographic will.

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    Rodelas vs. Aranza 119 SCRA 16, December 07, 1982 Facts

    Uploaded by

    Diomarie Pedrozo
    48 views1 page
    The case involved a petition to probate a holographic will that had been lost. The opponents argued that lost holographic wills could not be proved through secondary evidence like ordinary wills. The court ruled that while a lost holographic will could not be probated without the original, a photostatic or xerox copy of the lost holographic will could be admitted as evidence to allow comparison of the handwriting to the testator's standard writings. This would allow authentication of the handwriting and probate of the lost holographic will.

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    Original Title

    83.-Rodelas-v.-Aranza

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    The case involved a petition to probate a holographic will that had been lost. The opponents argued that lost holographic wills could not be proved through secondary evidence like ordinary wills. The court ruled that while a lost holographic will could not be probated without the original, a photostatic or xerox copy of the lost holographic will could be admitted as evidence to allow comparison of the handwriting to the testator's standard writings. This would allow authentication of the handwriting and probate of the lost holographic will.

    Copyright:

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

    Rodelas vs. Aranza 119 SCRA 16, December 07, 1982 Facts

    Uploaded by

    Diomarie Pedrozo
    The case involved a petition to probate a holographic will that had been lost. The opponents argued that lost holographic wills could not be proved through secondary evidence like ordinary wills. The court ruled that while a lost holographic will could not be probated without the original, a photostatic or xerox copy of the lost holographic will could be admitted as evidence to allow comparison of the handwriting to the testator's standard writings. This would allow authentication of the handwriting and probate of the lost holographic will.

    Copyright:

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

    83. Rodelas vs.

    Aranza 119 SCRA 16 , December 07, 1982

    FACTS: Appellant filed a petition for the probate of the holographic will of Ricardo
    B. Bonilla and the issuance of letters testamentary in her favor. The petition was
    opposed by the appellees on the ground that Lost or destroyed holographic wills cannot
    be proved by secondary evidence unlike ordinary wills.

    ISSUE: WON holographic will which was lost or cannot be found can be proved by
    means of a photostatic copy.

    RULING: YES. However, if the holographic will has been lost or destroyed and no
    other copy is available, the will can not be probated because the best and only evidence
    is the handwriting of the testator in said will. It is necessary that there be a comparison
    between sample handwritten statements of the testator and the handwritten will. But, a
    photostatic copy or xerox copy of the holographic will may be allowed because
    comparison can be made with the standard writings of the testator. In the case of Gam
    vs. Yap, 104 PHIL. 509, the Court ruled that "the execution and the contents of a lost or
    destroyed holographic will may not be proved by the bare testimony of witnesses who
    have seen and/or read such will. The will itself must be presented; otherwise, it shall
    produce no effect. The law regards the document itself as material proof of authenticity."
    But, in Footnote 8 of said decision, it says that "Perhaps it may be proved by a
    photographic or photostatic copy. Even a mimeographed or carbon copy; or by other
    similar means, if any, whereby the authenticity of the handwriting of the deceased may
    be exhibited and tested before the probate court," Evidently, the photostatic or xerox
    copy of the lost or destroyed holographic will may be admitted because then the
    authenticity of the handwriting of the deceased can be determined by the probate court.

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