Dear PAO,

I am the illegitimate child of my father, Anton. In 2018, he executed a last will and testament wherein he made several dispositions and he also indicated therein that he acknowledges me as his illegitimate child. However, in 2019, he made another will expressly revoking his 2018 will. When my father died in 2020, the legitimate children of my father argued that the acknowledgment that my father made in his 2018 will was negated when the said will was revoked. Are they correct?

Aldrin

Dear Aldrin,

First and foremost, we should understand what a last will and testament is. According to Article 783 of the New Civil Code, a will is an act whereby the testator is permitted to dispose a certain part of his estate, provided that he complied with the formalities provided by law to have a valid will. Further, a will takes effect only after the death of the testator.

In other words, a person could dispose a part of his/her estate in favor of other persons, except those disqualified by law, through a will. However, in order for such last will and testament to be valid, it must comply with the formalities provided by law.

Now, the question is: if the testator has already executed a last will and testament, can he/she revoke it later? The answer is in the affirmative. According to Article 828 of the said Code, a will may be revoked by the testator at any time before his/her death.

Under Article 830 of the same Code, a will may be revoked by: (1) implication of law or (2) some will, codicil, or other writing executed as provided in case of wills; or (3) by burning, tearing, cancelling, or obliterating the will with the 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 express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court.

However, as clearly provided under Article 834 of the New Civil Code, if the testator made a will wherein he acknowledges his illegitimate child, and such previous will was validly revoked by a subsequent will, the acknowledgment made by the testator will not lose its legal effect, to quote:

“ARTICLE 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked.”

Applying the said provision of the law to your case, the revocation of the 2018 will executed by your father will not affect his acknowledgment that you are his illegitimate (also known as nonmarital) child. Such acknowledgment stands and did not lose its legal effect even if the will containing it was revoked by a subsequent will.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]