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(d) The will must be SIGNED by the testator himself.[NOTE: 1) The full or customary signature is needed, hence, the full name is not required. If, therefore, the testator’s habitual signature is “Ed Paras,” this is sufficient. (See Art. 814; TS, Jan. 4, 1929; see, however, TS, June 8, 1915).Art. 810
CIVIL CODE OF THE PHILIPPINES112Art. 8102) The signature must appear at the end of the will. This is evident from the fact that additional disposi-tions can be “written below his signature.” (See Art. 812).].(e) There must be animus testandi. (Therefore, a will in the form of a letter is all right, as long as the intent to leave a will is clear, but a letter which incidentally contains testamentary dispositions or probable property dispositions cannot be considered a valid holographic will.)(f) It must be executed at the time that holographic wills are allowed, not before, the time of death being immaterial. (See Art. 796). Illustrative Case:(BAR QUESTION)Vda. de Enriquez, et al. v. Miguel Abadia, et al.L-7188, Aug. 9, 1954FACTS:In 1923, when holographic wills were NOT allowed, Sancho Abadia executed a holographic will. It was presented for probate in 1946. In 1952, the trial court allowed the will on the ground that under the new Civil Code (effective Aug. 30, 1950), holographic wills are now allowed. The case was appealed. HELD:The Will should NOT be allowed because under Art. 795, the extrinsic validity of a will should be judged not by the law existing at the time of the testator’s death nor the law at the time of probate, but by the law existing at the time of the execution of the instrument. This is because, although the Will become operative only after the testator’s death, still his wishes are given expres-sion at the time of execution. (6) Other Features of the Holographic Will(a) No witnesses are required. [If there be witnesses or an attestation clause, the witnesses and the clause will just be disregarded, and considered as mere surplusage, the
CIVIL CODE OF THE PHILIPPINES113will itself remaining valid. (See Jones v. Kyle, 168 La. 728). (See also Re Varela Calderon, 57 Phil. 280).].(b) No marginal signatures on the pages are required. (c) No acknowledgment is required. (d) In case of any insertion, cancellation, erasure or altera-tion, the testator must authenticate the same by his full signature. (Art. 814). (e) May be made in or out of the Philippines, even by Fili-pinos. (See Art. 810). (Note that Art. 815 is only permis-sive.)(f) May be made even by a blind testator, as long as he isliterate, at least 18, and possessed of a sound mind. (g) Even the mechanical act of drafting a holographic will may be left to someone other than the testator, as long as the testator himself copies the draft in his own handwriting, dates it, and signs it. (See Art. 810). (7) QueryWhy should holographic willsbe construed more liberally than the ones drawn by an expert?