Diaz v. De Leon

Summary

This case established the principle that destruction of a will with animo revocandi (intention to revoke) constitutes valid revocation under Philippine law. Jesus de Leon executed a will but later requested its return and ordered his servant to destroy it in the presence of witnesses. He subsequently told Dr. Mapa the will was destroyed and expressed to other witnesses his desire to change its provisions. While a second will existed, it lacked proper requisites for revocation. The Supreme Court affirmed that under Section 623 of the Code of Civil Procedure, physical destruction with intent to revoke is sufficient revocation, making the destroyed will invalid for probate. This decision clarifies the requirements for will revocation through destruction in Philippine succession law.