Marcela Rodelas v.

Amparo Aranza
G.R. No. L-58509; December 7, 1982
Facts:
Petitioner-appellant filed a petition with the CFI-Rizal for the probate of the holo will
of Ricardo B. Bonilla and the issuance of letters testamentary in her favor. The
petition wasopposed by appellees Amparo Aranza Bonilla, Wilferine Bonilla Treyes,
Expedita BonillaFrias and Ephraim Bonilla. The grounds of their opposition are as
follows:1. Appellant was estopped from claiming that the deceased left a will by
failing to producethe will within twenty days of the death of the testator.2. The
alleged copy of the will did not contain a disposition of property after death and
wasnot intended to take effect.3. The original must be presented and not the copy
thereof.4. The deceased did not leave any will.The appellees also moved for the
dismissal of the petition for the probate of the will. Theappellees' motions were
denied. They filed a Motion for recon. Motion for Recon wasapproved. Appellant's
motion for recon was denied. Appellant appealed the case to the CAwhich certified
the case to the SC on hte ground that the appeal does not involve questionsof fact.
Issue:
Whether or not a holo will which was lost or cannot be found can be proved by
means of aphotostatic copy.
Ruling:
Yes. a photostatic copy or xerox copy of the holographic will may be allowed
becausecomparison 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 ordestroyed holographic will may not be proved by the bare
testimony of witnesses whohave seen and/or read such will. The will itself must be
presented; otherwise, it shallproduce 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 aphotographic or photostatic copy. Even a
mimeographed or carbon copy; or by othersimilar means, if any, whereby the
authenticity of the handwriting of the deceased may beexhibited 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