First recit: revocation of wills (line-by-line discussion of the modes of revocation by implication of law)

- Q: If the heirs do not raise the grounds in Art. 1032, may the will be probated? Yes.

- Q: Sale or loss of property object of devise or legacy, is it considered an implied revocation? Yes.

- Q: Give an example of the transformation of the thing given as devise or legacy.

- Q: Give a specific example of “credit” referred to in “judicial demand by the testator of a credit which
has been given as a legacy”.

- Q: Why is there revocation when a compulsory heir has been preterited from a will? Impairs legitime.

- Note: Preterition refers to INTRINSIC validity; passed upon during settlement of the estate, not during
probate.

- Lecture: effect of revocation if subsequent instrument is inoperative (distribution of properties

pursuant to intestacy)

- Lecture: concept of Dependent Relative Revocation

- Second recit: Molo v. Molo

- Follow-up Q: Doesn’t the ruling go against Art. 832? No, Art. 832 is the GR. The XPN of the doctrine of
DRR herein applies.

- Lecture: revocation by destruction

- Third recit: Maloto v. CA

- Follow-up Q: What if the will was holographic, and there was no duplicate/ carbon copy? Even
supposing there is no revocation, there would be no way to know what the intent of the testator was. So,
provisions on intestacy govern. Different case if it were a notarial will due to witness requirement.

- END -

Discussion to be continued via Zoom. Bottomline, only two cases were discussed and three people
recited!
Modes of Revocation [Art. 830, Civil Code]:
• 1. By implication of law; •
• EXAMPLE: a. Preterition [Art. 854, Civil Code]
• b. Legal separation [Art. 63, Family Code]
• c. Unworthiness to succeed [Art. 1032, Civil Code]
•
•
• 2. By the execution of a will, codicil or other writing executed as provided in the case of wills
(may be total or partial); or
• 3. By burning, tearing, canceling, or obliterating the will with the intention of revoking it, by
the testator himself, or by some other person in his presence, and by his express direction.
The act contemplating revocation must be done at any time before the death of the testator. The
right of revocation cannot be waived or restricted [Art. 828, Civil Code].
Note: Even if a holographic will was not intended to be revoked, unless a xerox copy exists, it can no longer be
proved.

Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be
severed;

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of the net profits earned by the absolute community
or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions
of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent
spouse shall be revoked by operation of law.

Art. 1032. The following are incapable of succeeding by reason of unworthiness:

(1) Parents who have abandoned their children or induced their daughters to
lead a corrupt or immoral life, or attempted against their virtue;

(2) Any person who has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;

(3) Any person who has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found
groundless;

(4) Any heir of full age who, having knowledge of the violent death of the
testator, should fail to report it to an officer of the law within a month, unless the
authorities have already taken action; this prohibition shall not apply to cases
wherein, according to law, there is no obligation to make an accusation;
 (5) Any person convicted of adultery or concubinage with the spouse of the
testator;

(6) Any person who by fraud, violence, intimidation, or undue influence should
cause the testator to make a will or to change one already made;

(7) Any person who by the same means prevents another from making a will, or
from revoking one already made, or who supplants, conceals, or alters the
latter's will;

(8) Any person who falsifies or forges a supposed will of the decedent.

Art. 957.The legacy or devise shall be without effect:

(1)If the testator transforms the thing bequeathed in such a manner that it does not retain either the
form or the denomination it had;

(2)If the testator by any title or for any cause alienates the thing bequeathed or any part thereof, it
being understood that in the latter case the legacy or devise shall be without effect only with respect
to the part thus alienated.If after the alienation the thing should again belong to the testator, even
if it be by reason of the nullity of the contract, the legacy or devise shall not thereafter be valid,
unless the reacquisition shall have been effected by virtue of the exercise of the right of repurchase;

(3)If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without
the heir's fault.Nevertheless, the person obliged to pay the legacy or devise shall be liable for
eviction if the thing bequeathed should not have been determinate as to its kind, in accordance with
the provisions of article 928.

Balane:Grounds for the revocation of legacy or devise (takes effect by operation of law.)

1.Transformation of the thing.

E.g.a."I bequeath my ring to B."After making the will, the ring is melted and turned into a
pendant.

b.When a coconut plantation is transformed into a fishpond.

2.This manifests the intent to revoke.

Exception: Ifpacto de retroand reacquired during the testator's lifetime.

Annulment depends on the basis: a.Vitiated consent.--Not revoked bec. there was no intention to revoke
b.All other reasons.--Revoked.

3.Totally lost.