Vda de Enriquez vs.

Abadia
GR No. L-7188 (August 9, 1954)

FACTS

The deceased Father Sancho Abadia executed a

holographic will in his own handwriting, numbered and
signed by the testator himself and attested by three (3)
witnesses on September 6, 1923. He died on January 14,
1943 in Cebu. The will was admitted to probate on January
24, 1952. Some of the cousins and nephews, who would
inherit the estate of the deceased if he left no will, filed
opposition.

ISSUE

What law should apply as to the validity of the holographic

will: the old Civil Code when the will was executed or the
new Civil Code which could have validated the will?

RULING

It should be the old Civil Code. The new Civil Code, which
took effect August 30, 1950, provides in Art. 795: “The
validity of a will as to its form depends upon the observance
of the law in force at the time it is made.”

Here, the validity of the holographic will is to be judged

not by the law enforced at the time when the petition is
decided by the court but at the time the instrument was
executed. When one executes a will, which is invalid for
failure to observe and follow the legal requirements at the
time of its execution, just like in this case, then upon his
death he should be regarded and declared as having died
intestate. This is because the general rule is that the
Legislature cannot validate void wills.