In re: Will of Jose Riosa.

In the matter of the probation of the will of Jose Riosa.

Facts: Jose Riosa made a will in 1908 and it was duly executed in accordance with the

law then in force which is section 618 of the Code of Civil Procedure, disposing his
estate valued at more than 35,000. He died on April 17, 1917. But before his death on
July 1, 1916 Act No. 2645 amending the section 618 of the Civil Code of Procedure took
effect. The said act prescribed certain additional formalities for the signing and
attestation of wills which the will made by Riosa did not conform with the new
requirements. Thus, applying the new law before his death, the will shall render
invalid.

Issue: Whether the law existing at the time of the execution of the will OR law

existing at the time of the death of deceased controls?

HELD: The rule prevailing in many other jurisdictions is that the validity of the

execution of a will must be tested by the statutes in force at the time of its execution and
that statutes subsequently enacted have no retrospective effect. In the Philippine
Islands, the law existing at the date of the execution of a will is controlling.
Furthermore, the general rule of statutory construction that “all statutes are to be
construed as having only a prospective operation unless the purpose and intention of
the legislature to give them a retrospective effect is expressly declared or is necessarily
implied from the language used. In every case of doubt, the doubt must be resolved
against the retrospective effect” applied to the law of wills. Therefore, the will of Jose
Riosa is valid.