Professional Documents
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Roxas Vs de Jesus
Roxas Vs de Jesus
2.Petitioner Simeon R. Roxas was appointed administrator. 7.Respondent Luz Roxas de Jesus filed a motion for
Thereafter, he delivered to the lower court a document purporting reconsideration alleging that the alleged holographic Will of the
to be the holographic Will of the deceased Bibiana Roxas de deceased Bibiana R. de Jesus was not dated as required by
Jesus. Article 810 of the Civil Code since it was does not contain the
day, month and year of its execution and that this should be
3.Simeon R. Roxas testified that after his appointment as strictly complied with.
administrator, he found a notebook belonging to the deceased
Bibiana R. de Jesus and that on pages 21, 22, 23 and 24 thereof, 8.Judge Colayco reversed his decision and disallowed the
a letter-win addressed to her children and entirely written and probate of the holographic Will on the ground that the word
signed in the handwriting of the deceased Bibiana R. de Jesus "dated" has generally been held to include the month, day, and
was found. The will is dated "FEB./61 " and states: "This is my year.
win which I want to be respected although it is not written by a
lawyer. ... Issue : Whether or not the date "FEB./61 " appearing on the
holographic Will of the deceased Bibiana Roxas de Jesus is a
4.The testimony of Simeon R. Roxas was corroborated by the valid compliance with the Article 810 of the Civil Code. -YES!
testimonies of Pedro Roxas de Jesus and Manuel Roxas de Ruled in favor of the petitioners.
Jesus who likewise testified that the letter dated "FEB./61 " is the
holographic Will of their deceased mother, Bibiana R. de Jesus. ART. 810. A person may execute a holographic
Both recognized the handwriting of their mother and positively will which must be entirely written, dated, and
Identified her signature. They further testified that their deceased signed by the hand of the testator himself. It is
mother understood English, the language in which the subject to no other form, and may be made in or
holographic Will is written, and that the date "FEB./61 " was the out of the Philippines, and need not be witnessed.
date when said Will was executed by their mother.
Ruling : The court ruled in favored of the petitioner.
5.Respondent Luz R. Henson, another compulsory heir filed an
"opposition to probate" assailing the purported holographic Will of
9.The law has a tender regard for the will of the testator defective because the date "FEB./61 " appearing on the
expressed in his last will and testament on the ground that any holographic Will is not sufficient compliance with Article 810 of the
disposition made by the testator is better than that which the law Civil Code. This objection is too technical to be entertained.
can make. For this reason, intestate succession is nothing more
than a disposition based upon the presumed will of the decedent. As a general rule, the "date" in a holographic Will should include
the day, month, and year of its execution. However, when as in
10.Thus, the prevailing policy is to require satisfaction of the legal the case at bar, there is no appearance of fraud, bad faith, undue
requirements in order to guard against fraud and bad faith but influence and pressure and the authenticity of the Will is
without undue or unnecessary curtailment of testamentary established and the only issue is whether or not the date
privilege. "FEB./61" appearing on the holographic Will is a valid compliance
with Article 810 of the Civil Code, probate of the holographic Will
11.If a Will has been executed in substantial compliance with the should be allowed under the principle of substantial compliance.
formalities of the law, and the possibility of bad faith and fraud in
the exercise thereof is obviated, said Win should be admitted to
probate
12.If the testator, in executing his Will, attempts to comply with all
the requisites, although compliance is not literal, it is sufficient if
the objective or purpose sought to be accomplished by such
requisite is actually attained by the form followed by the testator.