IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF

MELECIO LABRADOR vs. COURT OF APPEALS, April 5, 1990

FACTS:
On June 10, 1972, Melecio Labrador died in Iba, Zambales,
where he was residing, leaving behind:
1) a parcel of land
2) the following heirs, namely: Sagrado, Enrica, Cristobal, Jesus,
Gaudencio, Josefina, Juliana, Hilaria and Jovita, all surnamed
Labrador; and
3) a holographic will.

On July 28, 1975, Sagrado, Enrica and Cristobal , filed a petition

for the probate of the alleged holographic will of Melecio.
On September 30, 1975, Jesus (now deceased but substituted
by his heirs), and Gaudencio filed an opposition to the petition on
the ground that the will has been extinguished. They alleged that on
September 30, 1971, before his death, testator Melecio executed a
Deed of Absolute Sale in favor of Jesus and Gaudencio for the
price Six Thousand (P6,000) Pesos.
On November 28, 1975, Sagrado filed against his brothers,
Gaudencio and Jesus, for the annulment of the Deed of Absolute
Sale over a parcel of land because it is fictitious.
On February 28, 1985, the trial court rendered a joint decision
allowing the probate of the holographic will and declaring void the
Deed of Absolute sale.
On March 10, 1988, the Court of Appeals modified the joint
decision of the trial court by denying the allowance of the probate of
the will for being undated.
Thus, it was brought to the Supreme Court.

ISSUE:
 Whether the alleged holographic will Melecio Labrador is dated.

HELD: YES
RESOLUTION:
The holographic will is really dated, although the date is not in
its usual place.
The will has been dated in the hand of the testator himself in
perfect compliance with Article 810. The first paragraph of the
second page of the holographic will states:
“And this is the day in which we agreed that we are making the
partitioning and assigning the respective assignment of the said
fishpond, and this being in the month of March, 17th day, in the
year 1968, and this decision and or instruction of mine is the matter
to be followed. And the one who made this writing is no other than
MELECIO LABRADOR, their father.”

The law does not specify a particular location where the date
should be placed in the will. The only requirements are that the
date be in the will itself and executed in the hand of the testator.
These requirements are present in the subject will.

The intention to show 17 March 1968 as the date of the

execution of the will is plain from the tenor of the succeeding words
of the paragraph. The will was not an agreement but a unilateral act
of Melecio Labrador who plainly knew that what he was executing
was a will. The act of partitioning and the declaration that such
partitioning as the testator's instruction or decision to be followed
reveal that Melecio Labrador was fully aware of the nature of the
estate property to be disposed of and of the character of the
testamentary act as a means to control the disposition of his estate.