THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPTNES 
) 
FIRST REGULAR SESSION 
1 
S E N A T E  
S.B. NO. 
r
L
 
s" t'" 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
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: by video tape or 
other similar visual recording device, to make the law on succession more responsive and 
up-to-date on the use of such technological advances. 
In view of the foregoing, the immediate passage of the bill is earnestly sought, 
DA 
Senator 


THlRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
) 
S E N A T E  
2 
Introduced by SENATOR LUISA “LQI” P. EJERCITO ESTRADA 
AN ACT 
AMENDING THE NEW CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO. 
386 AS AMENDED) ARTICLES 804, 805, 820 AND 81 1 , PROVIDING FOR THE 
USE OF W E 0  TAPES OR OTHER SIMJLAR VISUAL, RECORDING DEVICE FOR 
TESTAMENTARY DISPOSITION OF THE ESTATE OF THE DECEDENT. 
Be it enacted by the Senate and the 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 VEDEO TAPE OR A 
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: 
“Art. 805. 
Every will, other than a holographic will AND A 
ILL CONTAINED 
A W E 0  TAPE O 
OTHER 
S M E A R  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. m’’ 
Sec. 3. Article 8 10 of the same law is hereby amended to read as follows: 


“Art. 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 ALS 
WILL WITH 
THE USE OF VIDEO EQUIPMENT OR OTaER SIMILAR 
VISUAL RECORDING INSTRUMENTS WHICH WILL 
INDICATE WITHOUT DOUBT, THE IDENTITY OF THE 
TESTATOR WHO MUST STATE THE D TE OF THE 
RECORDING OF SUCH WILL. THE DATE, A 
BY THE TESTATOR, SHALL BE TBE DATE WHICH 
WILL DETERMINE THE EXECUTION OF SUCH WILL, 
AND NOT THE DATE AS REFLECTED 
THE 
RECORDING. 
SUCH WILL IS SUBJECT TO NO FO 
AND MAY BE MADE IN OR OUT OF THE PHILIPPINES, 
AND NEED NOT BE WITNESSED.” 
Sec. 4. Article 81 1 of the same law shall be amended to read as follows: 
“Art. 811. 
In the probate of a 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 signature 
are in the handwriting of the testator. If the will is contested, at least three 
of such witnesses shall be required. 
.
.
 . 
TBE PROBATE OF A WILL 
OTHER SIMILAR VISUAL RECORDING 
NECESSARY THAT AT LEAST ONE WITNESS WH 
THE 
IDENTITY 
OF THE TESTAT 
WITH CERTAIN 


AT LEAST THREE OF SUC 
WITNESSES S 
In the absence of any competent witness referred to in the 
GRAPHS, and if the court deems it necessary, expert 
testimony may be resorted to.” 
.
.
 . 
Sec. 5. Sesarabilitv Clause, - If any section or sections of this Act shall be 
declared unconstitutional or invalid, it shall not invalidate the other sections hereof‘. 
Sec. 6. Resealine Clause. - Articles 804, 805, 810 and 81 1 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 days a$er publication in at 
least two newspapers of general circulation. 
Approved,