An act of the mind terminating the potential capacity of the will to operate at the death of the testator, manifested

by some outward or visible act or sign. Q: Can the testator make a will irrevocable? A: No. As long as he is alive, he can revoke will at pleasure. Distinguish th is from a donation inter vivos w/c cannot be revoked at pleasure by the donor. Q: How do you revoke? What law governs revocation? A: It depends where the revocation is made: 1. If done outside the Phils: a. If the testator is not domiciled in the Phils: (i) the law of the place where the will was made (ii) the law of the place where the tes tator was domiciled at the time of the revocation b. If the testator is domiciled in the Phils: (i) Phil. law bec. his domicile is here. (ii) Law of the place of revocation bec. of Art. 17, NC C 2. If done inside the Phils., follow Phil. law.

Revocation by Codicil: 1. Partial Has the effect of republishing the will as of the date of the co dicil with respect to all parts not revoked 2. Total No republication Notes: 1. How much destruction of the corpus do you need? You need the physical d estruction of the will itself. Does it mean total destruction of the will, so t hat nothing will be left? No. As long as there is evidence of physical destruc tion, like let us say, edges were burned. If only the cover was burned, there i s no revocation-- no corpus. If the destruction was not total, there is still revocation, as long as there is/ was evidence of the destruction of the will, th e destruction need not be total. 2. A man can not revoke the will effectively bec. of insanity. 3. In case of tearing, there must be intent to revoke. That is, the testat or had completed what he intended to be done. If in the act of tearing, the tes tator was dissuaded not to continue, is there revocation? No, bec. the testator was not able to do what he intended to be done. E.g., If the testator tore the will into 2, and when he was about to tear it int o quarters, the heir asked for his forgiveness. The testator said: "Just paste the will." Is there revocation? None. There is no animus bec. he was not abl e to complete what he intended to do. 4. If the testator totally destroyed the will and he changed his mind, is t here revocation? Yes. The act was already consummated. His remedy is to execu te another will. WHEN MAY REVOCATION BE EFFECTED A will may be revoked by the testator at any time before his death. Any waiver o r restriction of this right is void. (737a LAW GOVERNING REVOCATION A revocation done outside the Philippines, by a person who does not have his dom icile in this country, is valid when it is done according to the law of the plac e where the will was made, or according to the law of the place in which the tes tator had his domicile at the time; and if the revocation takes place in this co untry, when it is in accordance with the provisions of this Code. (n) MODES OF REVOCATION No will shall be revoked except in the following cases: (IWB) (1) By implication of law; or (2) By some will, codicil, or other writing executed as provided in case of

wills; or (3) By burning, tearing, cancelling, or obliterating (BTCO) the will with th e intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the ex press direction of the testator, the will may still be established, and the esta te distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established a ccording to the Rules of Court. 1. By implication of law: a. legal separation revokes testamentary provisions in favor of the offendi ng spouse; b. preterition revokes the institution of heir; c. judicial action for recovery of debt revokes a legacy of credit/remissio n of debt; d. transformation, alienation, or loss of bequeathed property revokes a leg acy of such property; e. act of unworthiness by an heir, devisee/legatee revokes testamentary pro visions in his favor; f. if both spouses of the subsequent marriage acted in bad faith, said marr iage shall be void ab initio and testamentary dispositions made by one in favor of the other are revoked by operation of law (Art. 44, Family Code); and g. void ab initio or annulled marriages revoke testamentary dispositions ma de by one spouse in favor of the other (Art. 50, Family Code). 2. By some will, codicil, or other writing, executed as provided in case of wills, which may either be: a. Express when there is a revocatory clause expressly revoking the previou s will or a part thereof b. Implied when the provisions thereof are partially or entirely inconsiste nt with those of the previous will The present action was filed in 1925 with the purpose to secure the probation of the April 16, 1919 will. The petition was opposed by Cornelio Mamuyac and 3 oth ers alleging that (1) the will is a copy of the 2nd will and testament executed by Miguel Mamuyac; (2) that the same had been cancelled and revoked during Migue ls lifetime; and will was not the last will and testament of Miguel. Judge Teodoro denied the probation of the 1919 will on the ground that it had be en cancelled and revoked in 1920. It was a mere carbon copy of the original whic h remained in the possession of the deceased who revoked it before his death as per testimony of witnesses. The opponents have successfully established that fat her Miguel Mamuyac had executed in 1920 another will. Adriana Maloto died leaving her niece and nephews, the petitioners Aldina Maloto -Casiano and Constancio, Maloto, and private respondents Panfilo Maloto and Feli no Maloto. Believing the deceased did not leave a will, these 4 heirs commenced an intestate proceeding for settlement of their aunt s estate. While the case wa s still in progress the parties Aldina, Constancio, Panfilo, and Felino executed an agreement of extrajudicial settlement of Adriana s estate. The agreement pro vided for the division of the estate into four equal parts. The Malotos presente d such agreement, which was approved by the TC. 3 years later, Atty. Palma, former associate of Adriana s counsel, discovered a document entitled "KATAPUSAN NGA PAGBUBULAT-AN (Testamento)," dated January 3, 1 940, and purported to be Adrianas last will. Atty. Palma found it while going thr ough some materials inside the cabinet. The document was submitted to the office of the clerk. While Panfilo and Felino are still named as heirs in the said wil l, Aldina and Constancio are bequeathed much bigger and more valuable shares. Th

e will likewise gives devises and legacies to other parties, among them being th e petitioners Asilo de Molo, Roman Catholic Church of Molo, and Purificacion Mir aflor. Thus, Aldina and Constancio, joined by the other devisees and legatees na med in the will, filed for the allowance of the will. TC DENIED SC REMANDED and advised that a separate proceeding for the probate of the allege d will would be the appropriate vehicle to thresh out the matters raised by the petitioners CFI found the will to be revoked by the testator through burning and the suffici ent existence of animus revocandi. CA AFFIRMED based on the fact that the documents were not in the 2 safes in Adri anas residence. Private respondents argue revocation could be inferred because a substantial bul k of the properties mentioned in the will had been disposed of. EFFECT OF REVOCATION Subsequent wills which do not revoke the previous ones in an express manner, ann ul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter will s. (n) Note: Kinds of revocation a. Express when there is a revocatory clause expressly revoking the previou s will or a part thereof b. Implied when the provisions thereof are partially or entirely inconsiste nt with those of the previous will. This article covers implied revocation, only those provisions that are incompati ble with the first will that will be revoked. A revocation made in a subsequent will shall take effect, even if the new will s hould become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or by their re nunciation. (740a) Note: Doctrine of Dependent Relative Revocation: A doctrine which makes the revocation of a will dependent upon the effic acy of the new disposition. Distinction bet an invalid will and an ineffective will 1. An invalid revoking will cannot revoke a previous will 2. An inoperative or ineffective valid will can revoke a previous will Not effective because of 1. Incapacity of the heir, devisee or legatee 2 . renunciation A revocation of a will based on a false cause or an illegal cause is null and vo id. (n) Note: Ex. A designated X as heir to the law library, but on the information that he did no t pass the Bar exams he revoke it. But it turned out that he actually passed. Th

e revocation is void because it is based on a false cause. The recognition of an illegitimate child does not lose its legal effect, even th ough the will wherein it was made should be revoked. (714) DOCTRINE OF DEPENDENT RELATIVE REVOCATION Revocation of the first will is made by the testator to be dependent on the capa city and acceptance of the heirs, devisees, and legatees of the subsequent will. How do you know? The testator said so in the will. Elements for Revocation to be Inoperative: (CFFF) a. Cause must be a concrete and a factual one; b. Cause must be false; c. Testator must not know of its falsity; d. It appears on the face of the will that the testator is revoking bec. of the false cause.