EVIDENCE Best Evidence Rule Rodelas v. Aranza, GR L-58509, 7 December 1982

 Rodelas v. Aranza, GR L-58509, 7 December 1982

Doctrine: The photostatic or xerox copy of the lost or destroyed holographic will may be admitted because then the authenticity of the handwriting of the deceased can be determined by the probate court.

FACTS: On January 11, 1977 appellant filed a petition with the Court of First Instance of Rizal for the probate of the holographic will of Ricardo B. Bonilla and the issuance of letters testamentary in her favor.

The petition was opposed by the appellee Amparo Aranza Bonilla on the grounds that lost or destroyed holographic wills cannot be proved by secondary evidence unlike ordinary wills.

Trial Court dismissed the petition for the probate of the will of Ricardo B. Bonilla and ruled that once the original copy of the holographic will is lost, a copy thereof cannot stand in lieu of the original.

ISSUE: WHETHER OR NOT A HOLOGRAPHIC WILL WHICH WAS LOST OR CANNOT BE FOUND CAN BE PROVED BY MEANS OF A PHOTOSTATIC COPY?

HELD: YES, It may be proven by photostatic copy. Pursuant to Article 811 of the Civil Code, probate of holographic wills is the allowance of the will by the court after its due execution has been proved. However, if the holographic will has been lost or destroyed and no other copy is available, the will cannot be probated because the best and only evidence is the handwriting of the testator in said will.

It is necessary that there be a comparison between sample handwritten statements of the testator and the handwritten will. But, a photostatic copy or xerox copy of the holographic will may be allowed because comparison can be made with the standard writings of the testator.

The Court ruled that 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. The will itself must be presented; otherwise, it shall produce no effect. The law regards the document itself as material proof of authenticity. Perhaps it may be proved by a photographic or photostatic copy.

Even a mimeographed or carbon copy; or by other similar means, if any, whereby the authenticity of the handwriting of the deceased may be exhibited and tested before the probate court."

Evidently, the photostatic or xerox copy of the lost or destroyed holographic will may be admitted because then the authenticity of the handwriting of the deceased can be determined by the probate court.