DOCTRINE IN HOLOGRAPHIC WILLS

GAN V YAP

In the probate of a holographic will, the document itself must be produced. Therefore, a lost
holographic will cannot be probated.
When the will itself is not submitted, the means of opposition and of assessing the evidence, are not
available. And then, the only guaranty of authenticitythe testators handwritinghas disappeared.
The execution and the contents of a lost or destroyed holographic will may not be proved by the bare
testimony of witnesses who have seen and/or read such will.
Ordinary vs. holographic wills. The difference lies in the nature of wills. In holographic wills, the only
guarantee of authenticity is the handwriting itself; in ordinary wills, the testimony of the subscribing or
instrumental witnesses and of the notary. The loss of the holographic will entails the loss of the only
medium of proof; if the ordinary will is lost, the subscribing witnesses are available to authenticate.

RODELAS V ARANZA

Exception to the Gan ruling.

Issue: whether a lost holographic will can be proved by means of a photostatic copy.
Evidently, the photostatic or xerox copy of the lost or destroyed holographic will may be admitted
because the authenticity of the handwriting of the deceased can be determined by the probate court
(i.e., comparison can be made with the standard writings of the testator.