FOURTEENTH CONGRESS OF THE JEPUSLIC) 
First Regular Session 
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OF THE PHILIPPINES 
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A L J ~ J - 0  
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.* 
This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
7 FJJ5 -6 
I ”  
‘-0 
OF THE PHILIPPINES 
1 
8 ’  J 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING REPUBLIC ACT NO. 386, AS AMENDED, OTHERWISE KNOWN AS THE 
CIVIL CODE, ARTICLES 804,805,810 AND 81 1, 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 the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 804 of Republic Act No. 386 as amended, otherwise known as the 
Civil Code, is hereby amended to read as follows: 
“Art. 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.” 
SECTION 2. Article 805 of the same law is hereby amended to read as follows: 
“Art. 805. Every will, other than a holographic will AND A WILL 
CONTAINED IN A VIDEO TAPE OR ANY 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. xxx ” 
SECTION 3. Article 810 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. 
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A PERSON MAY ALSO EXECUTE A WILL WITH THE USE OF 
VIDEO EQUIPMENT OR OTHER SIMILAR VISUAL RECORDING 
INSTRUMENTS WHICH WILL INDICATE, WITHOUT DOUBT, THE 
IDENTITY OF THE 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.” 
SECTION 4. Article 81 1 of the same law shall be amended to read as follows: 
“Article 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. 
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 
SUCH 
TESTATOR’S 
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.” 
SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
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 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions ofthis 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 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
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