Kalaw vs Relova Topic: Insertions, Topic: Insertions, Cancellations, Erasures and Alterations (Art. 814) Doctrine: Doctrine: When When the the holo hologr grap aphi hic c Will ill in disp disput ute e had had only only one one substantial proision, !hich !as altered by substituting the original heir !ith another, but !hich alteration did not carry the re"uisite o# #ull authentication by the #ull signature o# the testator, the e$ect %ust be that the entire Will is oided or reo&ed #or the si%ple reaso eason n that that noth nothin ing g re%ai e%ains ns in the the Will ill a#te a#terr that that !hic !hich h could could re%ain alid. 'o state that the Will as rst !ritten should be gien ecacy is to disregard the see%ing change o# %ind o# the testatri*. Facts: +n ept 1-1, herein priate respondent, /regorio 0ala!, clai%ing to be the sole heir o# his deceased ister, atiidad 0ala!, led led a peti petitio tion n #or #or the the prob probat ate e o# her her holo hologr grap aphi hic c !ill. !ill. 2u 2utt the the proceeding !as ob3ected by one osa 0ala!. It appears that the holographic !ill, as rst !ritten a) na%ed her (osa), also a sister o# the testatri* as sole heir, and that (b) she !as also na%ed as sole e*ecutri*. 5o!eer, the !ill appears to contain 6 alterations. 7irst, osa osas s na%e na%e,, desi design gnat ated ed as the the sole sole heir heir !as !as cros crosse sed d out out and and inst instea ead d 9os 9osar ario io99 !as !as !rit !ritte ten n abo aboe e it. it. uch uch !as !as not not init initia iale led. d. eco econd nd,, osa osas s na%e na%e !as !as cros crosse sed d out out as sole sole e*ecut ecutri ri* * and and /regorios na%e !as !ritten aboe it. 'his alteration !as initialed by the testator. 'hus, her opposition !as based on the #act that the !ill contai containin ning g altera alteratio tions, ns, corre correctio ctions, ns, and insert insertion ion is !ithou !ithoutt the prop proper er auth authen enti tica cati tion on by the the ll ll sign signat atur ure e o# the the test testat atri ri* * as re"u e"uired ired by Art. 814 !c read eads: ;In cas case o# any any inse inserrtio tion, cancellation, erasure or alteration in a holographic !ill the testator %ust authenticate the sa%e by his #ull signature< he no! argues that the holographic !ill, as rst !ritten, should be gien e$ect and probated so that she could be the sole heir thereunder. 'C denied petition to probate Issue: W+ the original unaltered te*t a#ter subse"uent alterations and insertions !ere oided by the 'C #or lac& o# authentication by the #ull signature o# the testatri*, should be probated or not, !ith osa as sole heir= Held & Rati Held Ration onal ale: e: o. o. /enera /enerally lly,, !hen !hen a nu%ber nu%ber o# erasur erasures, es, corrections, cancellation, or insertions are %ade by the testator in the !ill but the sa%e hae not been noted or authenticated !ith his #ull signature, only the particular !ords erased, corrected, altered !ill be inalidated, not the entirety o# the !ill. 'his general rule has e*ceptions, as in this case. When the holographic !ill had only one substantial proision, !hich !as altered by substituting the original
heir !ith another, and the sa%e did not carry the re"uisite #ull signature o# the testator, or si%ply put, !here the change a$ects the essence o# the !ill o# the testator, the entirety o# the !ill is oided or reo&ed. 'o rule that the rst !ill should be gien e$ect is to disregard the testatri* change o# %ind. 5o!eer, this change o# %ind cannot be gien e$ect either as she #ailed to authenticate it in accordance !ith Art. 814, or by a*ing her #ull signature. Dispositive: >etition #ailed Additional Important Note: General Rules: When a nu%ber o# erasures, corrections, cancellation, or insertions are %ade by the testator in the !ill but the sa%e hae not been noted or authenticated !ith his #ull signature, only the particular !ords erased, corrected, altered !ill be inalidated, not the entirety o# the !ill. Exception: 1. Where the change a$ects the essence o# the !ill o# the testator? ote: When the holographic !ill had only one substantial proision, !hich !as altered by substituting the original heir !ith another, and the sa%e did not carry the re"uisite #ull signature o# the testator, the entirety o# the !ill is oided or reo&ed. Reason: What !as cancelled here !as the ery essence o# the !ill? it a%ounted to the reocation o# the !ill. 'here#ore, neither the altered te*t nor the original unaltered te*t can be gien e$ect. (0ala! . eloa, /.. o. @4B6B, ept. 68, 1-84) 6. Where the alteration a$ects the date o# the !ill or the signature o# the testator. . I# the !ords !ritten by a rd person !ere conte%poraneous !ith the e*ecution o# the !ill, een though authenticated by the testator, the entire !ill is oid #or iolation o# the re"uisite that the holographic !ill %ust be entirely in the testatorDs hand!riting.
