G.R. No. 17714 ; May 31, 1922
In the matter of the estate of Jesus de Leon. IGNACIA DIAZ, petitioner-appellant, vs. ANA DE LEON, opponent-appellee.

FACTS

Ignacia Diaz petitioned for the probate of the will of the deceased Jesus de Leon. Ana de Leon opposed, alleging that the testator had revoked said will by destroying it and by executing a subsequent will that expressly revoked the former. The evidence showed that after executing the first will, the testator asked for its return, ordered his servant to tear it in his presence, and later confirmed to Dr. Cornelio Mapa that it had been destroyed. The testator also expressed his desire to change the provisions of his first will to other witnesses.

ISSUE

Whether or not the will executed by Jesus de Leon was revoked.

RULING

Yes, the will was revoked. The subsequent will (Exhibit 1) was insufficient to constitute a valid revocation as it lacked necessary requisites. However, under Section 623 of the Code of Civil Procedure, the destruction of a will with the intention to revoke (animo revocandi) constitutes a sufficient revocation. The evidence established that the testator ordered the destruction of the original will in his presence, and his statements confirmed his intention to revoke it. Therefore, the original will, having been destroyed animo revocandi, cannot be probated. The judgment denying probate is affirmed.