FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~T..E 
S.No. 
~~15 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Republic Act No. 386, as amended, otherwise known as the Civil Code, provides for two 
modes of testamentary disposition by the decedent: by notarized will or 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 of 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: by video tape or other 
similar visual recoding device, to make the law on succession more responsive and up-to-date on 
the use of such technological advances. * 
~'--
~ k-v¢","" . ~'" :t~ 
-MYMIRIAM DIiFtlNSOR sMILf'u 
, 
• This bill Was originally filed during the Thirteenth Congress, First Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
~NLlT..e 
S.No. 
1~15 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 386, AS AMENDED, OTHERWISE KNOWN AS THE 
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CIVIL CODE, ARTICLES 804, 805, 810 AND 811, PROVIDING FOR THE USE OF VIDEO 
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TAPES OR OTHER SIMILAR VISUAL RECORDING DEVICE FOR TEST AMENT ARY 
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DISPOSITION OF THE ESTATE OF THE DECEDENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
, 
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SECTION 1. Article 804 of Republic Act No. 386 as amended, otherwise known as the 
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Civil Code, is hereby amended to read as follows: 
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"Art. 804. Every will must be in writing OR CONTAINED IN A VIDEO 
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TAPE OR ANY OTHER SIMILAR VISUAL RECORDING DEVICE and 
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executed in a language or dialect known to the testator." 
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SECTION 2. Article 805 of the same law is hereby amended to read as follows: 
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"Art. 805. Every will, other than a holographic will AND A WILL 
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CONTAINED IN A VIDEO TAPE OR ANY SIMILAR VISUAL 
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RECORDING DEVICE, must be subscribed at the end thereof by the testator 
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himself or by the testator's name written by some other person in his presence, 
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and by his express direction, and attested and subscribed by three or more credible 
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witnesses in the presence of the testator and of one another. xxx" 
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SECTION 3. Article 810 of the same law is hereby amended to read as follows: 
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"Art. 810. A person may execute a holographic will which must be 
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entirely written, dated, and signed by the hand of the testator himself. It is subject 
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to no other fonn, and may be made in or out of the Philippines, and need not be 
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witnessed. 
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A PERSON MAY ALSO EXECUTE A WILL WITH THE USE OF 
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VIDEO EQUIPMENT OR OTHER SIMILAR VISUAL RECORDING 
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INSTRUMENTS WHICH WILL INDICATE, WITHOUT DOUBT, THE 
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IDENTITY OF THE TESTATOR WHO MUST STATE THE DATE OF 
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THE RECORDING OF SUCH WILL. THE DATE, AS STATED BY THE 
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TESTATOR, SHALL BE THE DATE WHICH WILL DETERMINE THE 
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EXECUTION OF SUCH WILL, AND NOT THE DATE AS REFLECTED 
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IN THE RECORDING. SUCH WILL IS SUBJECT TO NO FORM, AND 
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MAY BE MADE IN OR OUT OF THE PHILIPPINES, AND NEED NOT 
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BE WITNESSED." 
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SECTION 4. Article 811 of the same law shall be amended to read as follows: 
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"Article 811. In the probate of a holographic will, it shall be necessary 
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that at least one witness who knows the handwriting and signature of the testator 
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explicitly declare that the will and the signature are in the handwriting of the 
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testator. If the will is contested, at least three of such witnesses shall be required. 
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,IN THE PROBATE OF A WILL IN VIDEO TAPE OR OTHER 
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SIMILAR VISUAL RECORDING DEVICE, IT SHALL BE NECESSARY 
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THAT AT LEAST ONE WITNESS WHO KNOWS THE IDENTITY OF 
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THE TESTATOR ESTABLISH SUCH TESTATOR'S IDENTITY WITH 
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CERTAINTY. IF THE WILL IS CONTESTED, AT LEAST THREE OF 
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SUCH WITNESSES SHALL BE REQUIRED. 
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In the absence of any competent witness referred to in the preceding 
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paragraphs, and if the court deems it necessary, expert testimony may be resorted 
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to." 
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• 
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SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instmction, administrative order, mle or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECtION 7. EffectiVity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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