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    Gago V Mamuyac, 49 Phil 902

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    Jeorge Ryan Mangubat
    The testator Miguel Mamuyac executed two wills, one in 1918 and another in 1919. When his heirs sought to probate the 1919 will after his death, opponents argued it had been revoked. The court found that the 1919 will was in the testator's possession and witnesses testified they saw him cancel it, and the original could not be found after his death. As the law presumes a will is revoked if the original cannot be found after being in the testator's possession, the court denied probating the 1919 will, finding it had been cancelled by the testator in 1920.

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    Gago V Mamuyac, 49 Phil 902

    Uploaded by

    Jeorge Ryan Mangubat
    57 views1 page
    The testator Miguel Mamuyac executed two wills, one in 1918 and another in 1919. When his heirs sought to probate the 1919 will after his death, opponents argued it had been revoked. The court found that the 1919 will was in the testator's possession and witnesses testified they saw him cancel it, and the original could not be found after his death. As the law presumes a will is revoked if the original cannot be found after being in the testator's possession, the court denied probating the 1919 will, finding it had been cancelled by the testator in 1920.

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    succession case digest

    Original Title

    W&S.10.1

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    The testator Miguel Mamuyac executed two wills, one in 1918 and another in 1919. When his heirs sought to probate the 1919 will after his death, opponents argued it had been revoked. The court found that the 1919 will was in the testator's possession and witnesses testified they saw him cancel it, and the original could not be found after his death. As the law presumes a will is revoked if the original cannot be found after being in the testator's possession, the court denied probating the 1919 will, finding it had been cancelled by the testator in 1920.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views1 page

    Gago V Mamuyac, 49 Phil 902

    Uploaded by

    Jeorge Ryan Mangubat
    The testator Miguel Mamuyac executed two wills, one in 1918 and another in 1919. When his heirs sought to probate the 1919 will after his death, opponents argued it had been revoked. The court found that the 1919 will was in the testator's possession and witnesses testified they saw him cancel it, and the original could not be found after his death. As the law presumes a will is revoked if the original cannot be found after being in the testator's possession, the court denied probating the 1919 will, finding it had been cancelled by the testator in 1920.

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    W&S.10.

    1 Gago v Mamuyac, 49 Phil 902


    FACTS: Miguel Mamuyac died on January 2, 1922, in the municipality of Agoo, La Union. It
    appears from the record the he executed a last will and testament on July 27, 1918. Gago
    presented a petition in the CFI for the probation of the will. It was opposed by the respondents.
    The said will was denied upon the ground that the deceased had executed a new will and
    testament on April 16, 1919 (will of 1919).
    The present action was commenced to secure the probation of the will of 1919. Again, the
    respondents opposed it on the ground that, among others, the same had been cancelled and
    revoked in 1920. The judge denied the probation of the 1919 will upon the ground that the same
    has been cancelled and revoked in the year 1920. The court found that the exhibited document
    is a carbon copy of the 1919 will which remained in the possession of the deceased, who revoked
    it before his death as per testimony of a witness. Another witness testified that he saw the original
    copy of the 1919 will actually cancelled by the testator. The sister of the deceased also testified
    that the original copy of the will of 1919 could not be found.
    ISSUE: Whether or not the last will and testament of 1919 cannot be probated because it was
    already revoked.
    RULING: Yes. The law does not require any evidence of the revocation of a will to be preserved.
    The fact that such revocation has taken place must be inferred from the evidence showing that
    after due search the original will cannot be found. Where a will which cannot be found is shown
    to have been in the possession of the testator, when last seen, the presumption is, in the absence
    of other competent evidence, that the same was cancelled or destroyed. The same presumption
    arises where it is shown that the testator had ready access to the will and it cannot be found after
    his death. It will not be presumed that such will has been destroyed by any other person without
    the knowledge or authority of the testator. The force of the presumption of cancellation or
    revocation by the testator, while varying greatly, being weak or strong according to the
    circumstances, is never conclusive, but may be overcome by proof that the will was not destroyed
    by the testator with intent to revoke it.
    Copies of wills should be admitted by the courts with great caution. When it is proven,
    however, by proper testimony that a will was executed in duplicate and each copy was executed
    with all the formalities and requirements of the law, then the duplicate may be admitted in evidence
    when it is made to appear that the original has been lost and was not cancelled or destroyed by
    the testator. (Borromeo vs. Casquijo, G.R. No. L-26063.)
    After a careful examination of the entire record, we are fully persuaded that the will
    presented for probate had been cancelled by the testator in 1920.

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