Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. Oo

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING REPUBLIC ACT NO. 386, AS AMENDED, OTHERWISE KNOWN AS THE
CiViL CODE, 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

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 holograj
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 recording device, to make the law on succession more responsive and
up-to-date on the use of such technological advances.

IBIP Al

YU

LUIS RA\ IND “LRAY”/F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bit No.8940

introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING REPUBLIC ACT NO. 386, AS AMENDED, OTHERWISE KNOWN AS THE
CIVIL CODE, 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 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 AVIDEO.
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. Aperson 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.


APERSON MAY ALSO EXECUTE AWILL 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
CH WILL, AND NOT THE DATE AS REFLECTED IN THE RECORDING. SUCH Witt
IS SUBJECT TO NO FORM, AND MAY BE MADE IN OR OUT OF THE PHILIPPINES,
AND NEED NOT BE WITNESSED.”

SECTION 4. Article 811 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 shalll 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 valid and subsisting.

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 of this Act is hereby repealed, modified or amended
accordingly,

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,