G.R. No. L-42619, 11 March 1937, 64 Phil. 187


A will was presented for probate, and no objection was presented. After the judgment had become final and executor, a codicil made after the execution of the will was presented for probate.


May the codicil be still probated?


Yes, since the codicil may have revoked expressly or impliedly the will and it is, well known that a will is essentially revocable. It is not indeed essential for both the will and the codicil to have been presented for probate at the same time. Moreover, opposition to the probate of the codicil may still be allowed, even if the oppositor had not objected to the will itself. This is because, in the opinion of the oppositor, the codicil may be deffective.

*Case digest by Johanes Ruedas, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019