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    Ajero V CA

    Uploaded by

    Gillian Calpito
    The document discusses the case of Ajero v CA regarding the probate of Annie Sand's holographic will. The Court of Appeals had rejected the probate due to non-compliance with Articles 813 and 814 of the Civil Code regarding the signing and dating of dispositions. However, the Supreme Court held that failure to comply with Articles 813 and 814 does not render the entire will void, and a holographic will can still be admitted for probate even if it does not meet the requirements of Article 814, as the formalities for validity differ from those for probate. For probate of a holographic will, Article 810 only requires that it be entirely handwritten,

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    Ajero V CA

    Uploaded by

    Gillian Calpito
    119 views2 pages
    The document discusses the case of Ajero v CA regarding the probate of Annie Sand's holographic will. The Court of Appeals had rejected the probate due to non-compliance with Articles 813 and 814 of the Civil Code regarding the signing and dating of dispositions. However, the Supreme Court held that failure to comply with Articles 813 and 814 does not render the entire will void, and a holographic will can still be admitted for probate even if it does not meet the requirements of Article 814, as the formalities for validity differ from those for probate. For probate of a holographic will, Article 810 only requires that it be entirely handwritten,

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    Ajero v CA

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    The document discusses the case of Ajero v CA regarding the probate of Annie Sand's holographic will. The Court of Appeals had rejected the probate due to non-compliance with Articles 813 and 814 of the Civil Code regarding the signing and dating of dispositions. However, the Supreme Court held that failure to comply with Articles 813 and 814 does not render the entire will void, and a holographic will can still be admitted for probate even if it does not meet the requirements of Article 814, as the formalities for validity differ from those for probate. For probate of a holographic will, Article 810 only requires that it be entirely handwritten,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    119 views2 pages

    Ajero V CA

    Uploaded by

    Gillian Calpito
    The document discusses the case of Ajero v CA regarding the probate of Annie Sand's holographic will. The Court of Appeals had rejected the probate due to non-compliance with Articles 813 and 814 of the Civil Code regarding the signing and dating of dispositions. However, the Supreme Court held that failure to comply with Articles 813 and 814 does not render the entire will void, and a holographic will can still be admitted for probate even if it does not meet the requirements of Article 814, as the formalities for validity differ from those for probate. For probate of a holographic will, Article 810 only requires that it be entirely handwritten,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Ajero v CA

    FACTS:
    The instrument submitted for probate is the holographic will of the
    late Annie Sand. Private respondent opposed the petition on the grounds
    that: neither the testament's body nor the signature therein was in
    decedent's handwriting; it contained alterations and corrections which
    were not duly signed by decedent; and, the will was procured by
    petitioners through improper pressure and undue influence.
    The trial court admitted the decedent's holographic will to probate.
    The trial court ruled that the petitioners have satisfactorily shown in Court
    that the holographic will in question was indeed written entirely, dated
    and signed in the handwriting of the testatrix. Three witnesses who have
    convincingly shown knowledge of the handwriting of the testatrix have
    been presented and have explicitly and categorically identified the
    handwriting with which the holographic will in question was written to be
    the genuine handwriting and signature of the testatrix.
    On appeal, the trial court’s Decision was reversed, and the petition
    for probate of decedent's will was dismissed. The Court of Appeals found
    that, "the holographic will fails to meet the requirements for its validity." It
    held that the decedent did not comply with Articles 813 and 814 of the
    New Civil Code, which read, as follows:
    Art. 813: When a number of dispositions appearing in a holographic
    will are signed without being dated, and the last disposition has a
    signature and date, such date validates the dispositions preceding
    it, whatever be the time of prior dispositions.
    Art. 814: In case of insertion, cancellation, erasure or alteration in a
    holographic will, the testator must authenticate the same by his full
    signature.

    ISSUE:
    Whether or not the non-compliance to Arts. 813 and 814 will result to
    the disallowance of the probate proceedings

    HELD:
    No. Article 813 of the New Civil Code shows that its requirement
    affects the validity of the dispositions contained in the holographic will,
    but not its probate. If the testator fails to sign and date some of the
    dispositions, the result is that these dispositions cannot be effectuated.
    Such failure, however, does not render the whole testament void. A
    holographic will can still be admitted to probate, notwithstanding non-
    compliance with the provisions of Article 814.
    The requirements of authentication of changes and signing and
    dating of dispositions appear in provisions (Articles 813 and 814) separate
    from that which provides for the necessary conditions for the validity of
    the holographic will (Article 810).

    For purposes of probating non-holographic wills, these formal


    solemnities include the subscription, attestation, and acknowledgment
    requirements under Articles 805 and 806 of the New Civil Code.
    In the case of holographic wills, on the other hand, what assures
    authenticity is the requirement that they be totally autographic or
    handwritten by the testator himself, as provided under Article 810 of the
    New Civil Code, thus:
    A person may execute a holographic will which must be entirely
    written, dated, and signed by the hand of the testator himself. It is
    subject to no other form, and may be made in or out of the
    Philippines, and need not be witnessed.

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