r 
, . 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1 S! 5 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
'13 
SEP 11 
P2 :21 
RECEIVE!) m. r .
The Civil Code of the Philippines (Republic Act No. 386 as amended) 
provides for two modes of testamentary disposition by the decedent: by notarized 
will andlor by holographic will. However, in light of technological advances, these 
two modes are now insufficient for the testator's purposes. 
Due to the invention and development of video recording devices, it is now 
more convenient and practicable for the testator to use these devices for the 
disposition of his estate because through these devices, his identity and his 
intent, through his own words, are established with absolute verity. In effect, they 
facilitate the determination of probate cases. 
Hence, a third mode of testamentary disposition is proposed, that is, by 
video tape or other similar visual recording device, to make the law on 
succession more responsive and up-to-date in the light of technological 
advances. 
In view of the foregoing, the immediate passage of the bill is earnestly 
sought. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1 S 2 5 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
'13 
SEP 11 
P2 :21 
AMENDING THE NEW CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT 
NO. 386 AS AMENDED) ARTICLES 804, 805, 810 AND 811, PROVIDING FOR 
THE USE OF VIDEO TAPES OR OTHER SIMILAR VISUAL RECORDING 
DEVICE FOR TESTAMENTARY DISPOSITION OF THE ESTATE OF THE 
DECEDENT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 804 of R.A. No. 386 as amended, otherwise known as 
the Civil Code of the Philippines is hereby amended to read as follows: 
"Article 804. Every will must be in writing OR 
CONTAINED IN A VIDEO TAPE OR ANY OTHER SIMILAR 
VISUAL RECORDING DEVICE and executed in a language 
or dialect known to the testator". 
SEC. 2. The first paragraph of Article 805 of the same law is hereby 
amended to read as follows: 
"Article 805. Every will, other than a holographic will 
AND A WILL CONTAINED IN A VIDEO TAPE OR ANY 
OTHER SIMILAR VISUAL RECORDING DEVICE, must be 
subscribed at the end thereof by the testator himself or by 
the testator's name written by some other person in his 
presence, and by his express direction, and attested and 
subscribed by three or more credible witnesses in the 
presence of the testator and of one another. X x XU 
SEC. 3. 
Article 810 of the same law is hereby amended to read as 
follows: 
"Article 810. A person may execute a holographic will 
which must be entirely written, dated and signed by the hand 
of the testator himself. It is subject to no other form, and 
may be made in or out of the Philippines, and need not be 
witnessed." 


"A PERSON MAY ALSO EXECUTE A WILL WITH 
THE USE OF VIDEO EQUIPMENT OR OTHER SIMILAR 
RECORDING INSTRUMENTS WHICH WILL INDICATE 
WITHOUT DOUBT, THE IDENTITY OF HU; TESTATOR 
WHO MUST STATE THE DATE OF THE RECORDING OF 
SUCH WILL. 
THE DATE, AS STATED BY THE 
TESTATOR, SHALL BE THE DATE WHICH 
WILL 
DETERMINE THE EXECUTION OF SUCH WILL, AND NOT 
THE DATE AS REFLECTED IN THE RECORDING. SUCH 
WILL IS SUBJECT TO NO FORM, AND MAY BE MADE IN 
OR OUT OF THE PHILIPPINES, AND NEED NOT BE 
WITNESSED." 
SEC. 4. Article 811 of the same law shall be amended to read as follows: 
"Article 811. In the probate of holographic will, it shall 
be necessary that at least one witness who knows the 
handwriting and signature of the testator explicitly declare 
that the will and the l;lignature are irl the handwriting of the 
testator. 
If the will is contested, at least three of such 
witnesses shall be required. 
"IN THE PROBATE OF A WILL IN VIDEO TAPE OR 
OTHER SIMILAR VISUAL RECORDING DEVICE, IT 
SHALL BE NECESSARY THAT AT LEAST ONE WITNESS 
WHO KNOWS THE IDENTITY OF THE TESTATOR 
ESTABLISH HIS IDENTITY WITH CERTAINTY. 
IF THE 
WILL IS CONTESTED, AT LEAST THREE OF SUCH 
WITNESSeS SHALL BE REQUIRED. 
"In the absence of any competent witness referred to 
in the preceding PARAGRAPHS, and if the court deems it 
necessary, expert testimony may be resorted to." 
SEC. 5. 
Separability Clause. 
If any provision or part hereof is held 
invalid or unconstitutional, it shall not invalidate the other section hereof. 
SEC. ~. Repealing CI<tuse. Article 804, 805, 810 and 811 of the Civil 
Code of the Philippines (Republic Act No. 386 as amended) and all other laws, 
decrees, orders, proclamations, rules and regulations or parts thereof, 
inconsistent with the provisions of this Act are hereby repealed, amended or 
modified accordingly. 
SEC. 7. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,