G.R. No. 17714 - MAY 1922 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. 17714May 31, 1922 In re: Jesus de Leon. Igancia Diaz vs. Ana de Leon G.R. No. 17551May 31, 1922 Bachrach Motor Company, Inc. vs. Teofilo Mendoza G.R. No. 17430May 31, 1922 In re: Geronima Uy Coque. Andrea uy Coque, et al. vs. Juan Navas L. Sioca G.R. No. 16932May 31, 1922 Francisco J. Aguado vs. Pax Roman de Gueriguet, et al. G.R. No. 16716May 31, 1922 Alfonso Rocha vs. Prats & Company G.R. No. 17836May 29, 1922 Involuntary Insolvency of Dy Poco. Te Pate vs. Frank B. Ingersoll G.R. No. 17751May 29, 1922 Siuliong & Company, Inc. vs. Pedro Ylagan G.R. No. 16870May 25, 1922 Genato & Company, Ltd. vs. Florentino Pareja, et al. G.R. No. 16692May 24, 1922 Fortunato Liangko vs. Municipality of Tabaco, Albay, et al. G.R. No. 9031May 22, 1922 Director of the Bureau of Commerce and Industry vs. Pedro Concepcion, et al. G.R. No. 17304May 22, 1922 In re: Maria P. Roque. Ceferino Aldaba vs. Ludovico Roque Feliciano GomezMay 16, 1922 In re: Feliciano Gomez G.R. No. 17799May 9, 1922 Smith, Bells & Company, Ltd. vs. Bruna Mangahas, et al. G.R. No. 17789May 8, 1922 Benedicta Garcia vs. Juan Castillo G.R. No. 17480May 4, 1922 In re: Dolores Coronel Lorenzo Pecson vs. Eriberto Coronel, et al. The Lawphil Project - Arellano Law Foundation, Inc. In re: Jesus de Leon. Igancia Diaz vs. Ana de Leon Bachrach Motor Company, Inc. vs. Teofilo Mendoza In re: Geronima Uy Coque. Andrea uy Coque, et al. vs. Juan Navas L. Sioca Francisco J. Aguado vs. Pax Roman de Gueriguet, et al. Alfonso Rocha vs. Prats & Company Involuntary Insolvency of Dy Poco. Te Pate vs. Frank B. Ingersoll Siuliong & Company, Inc. vs. Pedro Ylagan Genato & Company, Ltd. vs. Florentino Pareja, et al. Fortunato Liangko vs. Municipality of Tabaco, Albay, et al. Director of the Bureau of Commerce and Industry vs. Pedro Concepcion, et al. In re: Maria P. Roque. Ceferino Aldaba vs. Ludovico Roque In re: Feliciano Gomez Smith, Bells & Company, Ltd. vs. Bruna Mangahas, et al. Benedicta Garcia vs. Juan Castillo In re: Dolores Coronel Lorenzo Pecson vs. Eriberto Coronel, et al. The Lawphil Project - Arellano Law Foundation, Inc.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 17714 May 31, 1922
In the mater of the estate of Jesus de Leon.
IGNACIA DIAZ,petitioner-appellant,
vs.
ANA DE LEON,opponent-appellee.
Montinola, Montinola & Hontiveros and Jose Lopez Vito for appellant.
Francisco A. Delgado, Powell & Hill and Padilla & Treñas for appellee.
ROMUALDEZ,J.:
The only question raised in this case is whether or to the will executed by Jesus de Leon, now, was revoked by him.
The petitioner denies such revocation, while the contestant affirms the same by alleging that the testator revoked his will by destroying it, and by executing another will expressly revoking the former.
We find that the second will Exhibit 1 executed by the deceased is not cloth with all the necessary requisites to constitute a sufficient revocation.
But according to the statute governing the subject in this jurisdiction, the destruction of a willanimo revocandiconstitutes, in itself, a sufficient revocation. (Sec. 623, Code of Civil Procedure.)lävvphì1·né+
From the evidence submitted in this case, it appears that the testator, shortly after the execution of the first will in question, asked that the same be returned to him. The instrument was returned to the testator who ordered his servant to tear the document. This was done in his presence and before a nurse who testified to this effect. After some time, the testator, being asked by Dr. Cornelio Mapa about the will, said that it had been destroyed.
The intention of revoking the will is manifest from the established fact that the testator was anxious to withdraw or change the provisions he had made in his first will. This fact is disclosed by the testator's own statements to the witnesses Canto and the Mother Superior of the Hospital where he was confined.
The original will herein presented for probate having been destroyed withanimo revocandi, cannot now be probated as the will and last testament of Jesus de Leon.
Judgement is affirmed with costs against the petitioner. So ordered.
Araullo, C.J., Malcolm, Avanceña, Ostrand and Johns, JJ., concur.
Villamor, J., took no part.