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PHILIPPINEREPORTSANNOTATEDVOLUME043

[No. 17714. May 31, 1922]

In the matter of the estate of Jesus de Leon. IGNACIA
DIAZ, petitioner and appellant, vs. ANA DE LEON,
opponent and appellee.
WILLS
REVOCATION
"ANIMO
REVOCANDI."According to the statute governing the subject
in this jurisdiction the destruction animo revocandi of a will
constitutes, in itself, a sufficient revocation. (Sec. 623, Code of
Civil Procedure.) The original will herein presented for probate
having been destroyed animo revocandi, cannot be declared the
will and last testament of the testator.

APPEAL from a judgment of the Court of First Instance of

Iloilo. Camus, J.
The facts are stated in the opinion of the court.
Montinola, Montinola & Hontiveros and Jose Lopez
Vito for appellant.
Francisco A. Delgado, Powell & Hill and Padilla &
Trenas for appellee.
ROMUALDEZ, J.:
The only question raised in this case is whether or not the
will executed by Jesus de Leon, now deceased, was revoked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 clothed with all the necessary rSquisites to
constitute a sufficient revocation.
But according to the statute governing the subject in
this jurisdiction, the destruction of a will with animo
revocandi constitutes, in itself, a sufficient revocation. (Sec.
623, Code of Civil Procedure.)
From the evidence submitted in this case, it appears
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PHILIPPINEREPORTSANNOTATEDVOLUME043

that the testator, shortly after the execution cution of the

first will
414

414

PHILIPPINE REPORTS ANNOTATED

Berbari vs. General Oil Co.

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 h&d 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 with animo revocandi, cannot now be
probated as the will and last testament of Jesus de Leon.
Judgment is affirmed with costs against the petitioner. So
ordered.
Araullo, C. J., Malcolm, Avancea, Ostrand, and
Johns, JJ., concur.
Villamor, J., did not take part.
Judgment affirmed.
___________

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