Republication and Revival of Wills in Philippine Civil Law

1. Definition and Scope
Republication and revival of wills pertain to the legal mechanisms by which a previously executed will, that has either been revoked or has become invalid, may be re-established or rendered effective again. These doctrines are governed primarily by the Civil Code of the Philippines and pertinent jurisprudence.

Republication of Wills

1. What is Republication?
Republication refers to the act of re-executing or reaffirming a previously executed will to give it effect as of the date of republication. This may occur explicitly through a codicil or other means that clearly express the testator’s intent.

2. Key Legal Basis

Article 836 of the Civil Code of the Philippines provides that a will may be republished by the execution of a codicil referring to it or confirming its provisions.

3. Modes of Republication

By Codicil: A codicil is a supplement or addition to a will, which may modify, explain, or confirm the original provisions of the will. When a codicil republishes a will, the will is deemed re-executed on the date of the codicil.
By Re-Execution: This involves the formal re-execution of the will with the same formalities required by law for the execution of wills.

4. Effects of Republication

Date of Execution: The will takes effect as if it were executed on the date of republication, except in matters involving the formalities of its original execution.
Formal Validity: Republication does not cure defects related to the original execution of the will. If the will was invalid due to lack of formality, republication will not validate it.
Subsequent Law Application: A republished will is subject to the laws in effect at the time of republication, not at the time of the original execution.

5. Limitations

Intent Required: Republication must clearly show the testator’s intent to revive or reaffirm the earlier will.
Codicil Reference: The codicil must explicitly refer to the earlier will; otherwise, no republication occurs.

Revival of Wills

1. What is Revival of Wills?
Revival refers to the re-establishment of the effectivity of a will that had been revoked. This can occur by express or implied acts of the testator under conditions prescribed by law.

2. Key Legal Basis

Article 837 of the Civil Code of the Philippines provides the rules for the revival of wills, stating:
- A revoked will may be revived only if the testator re-executes it or republishes it through a codicil.
- If the revoking will itself is revoked, the earlier will is not revived unless the testator manifests an intent to restore its effect.

3. Modes of Revival

Re-Execution: The testator may formally re-execute the earlier will following the legal requirements for a valid will.
Republication: The earlier will may be revived by the execution of a codicil that refers to or confirms it.

4. Effects of Revival

Earlier Will Restored: Revival reinstates the provisions of the earlier will as if it had never been revoked, subject to any modifications introduced by the codicil or re-execution.
Date of Revival: The date of revival determines the applicability of laws and rules concerning the revived will.
Subsequent Revocations: Revival is voided if the revived will is later revoked.

5. Limitations

No Automatic Revival: An earlier will does not revive merely because the revoking will has been revoked; the testator must expressly or impliedly indicate an intention to revive the earlier will.
Intention Requirement: The courts heavily rely on the testator’s expressed intention in determining whether revival has occurred.

Key Jurisprudence

Philippine courts have underscored the following principles regarding republication and revival of wills:

Intent is Paramount: Courts require clear evidence of the testator’s intention to republish or revive a will. Ambiguities are resolved in favor of not reviving a revoked will.
Strict Compliance with Formalities: Both republication and revival must comply with the formalities required for the execution of wills under the Civil Code.
Provisions of Codicils: A codicil must specifically refer to the earlier will to effectively republish or revive it.

Practical Implications for Testators

Codicils as a Tool: Testators who wish to modify, confirm, or revive wills should execute codicils with precise language referring to the earlier will.
Avoid Ambiguity: Clear and unequivocal language must be used to demonstrate intent. Vagueness can render attempts to republish or revive ineffective.
Legal Counsel: Consulting a lawyer to draft codicils or oversee the re-execution of wills ensures compliance with legal requirements and prevents future disputes.

Conclusion

Republication and revival of wills are technical but powerful legal tools under Philippine law. They provide flexibility to testators in managing their estate plans while ensuring that legal formalities and clear intentions safeguard the validity of their testamentary dispositions. Properly executed, these doctrines ensure that the testator’s wishes are honored and given effect.