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Cancellation Testator Holographic Rosa Sole Authentication Rosa's Natividad's

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VII.
a) Natividad's holographic will, which had only one (1) substantial provision, as first written, named Rosa as her sole heir. However, when Gregorio presented it for probate, it already contained an alteration, naming Gregorio, instead of Rosa, as sole heir, but without authentication by Natividad's signature. Rosa opposes the probate alleging such lack of proper authentication. She claims that the unaltered form of the will should be given effect. Whose claim should be granted? Explain. (5%)

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SUGGESTED ANSWER:
It depends.  If the cancellation of Rosa's name in the will was done by the testator himself, Rosa's claim that the holographic will in its original tenor should be given effect must be denied.  The said cancellation has revoked the entire will as nothing remains of the will after the name of Rosa was cancelled.  Such cancellation is valid revocation of the will and does not require authentication by the full signature of the testator to be effective.
However, if the cancellation of Rosa's name was not done by the testator himself, such cancellation shall not be effective and the will in its original tenor shall remain valid.  The efficacy of a holographic will cannot be left to the mercy of unscrupulous third parties.
The writing of Gregorio's name as sole heir was ineffective, even though written by the testator himself, because such is an alteration that requires the authentication by the full signature of the testator to be valid and effective.  Not having been authenticated, the designation of Gregorio as an heir was ineffective. (Kalaw v. Relova, GRN L-40207, September 28, 1984).

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