Short answer. Yes. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his own will. Philippine law expressly allows probate to happen either before or after the testator's death, and the allowance is conclusive as to due execution either way.
What the law says
The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will.
Civil Code, Article 838 — No Will Passes Property Until Probated. Read the full provision →
Probate during the testator's own lifetime is expressly allowed
The statute states plainly that the testator himself may petition the court for the allowance of his will while he is still alive. Your father does not have to wait until his death for someone else to bring the will to court — he can initiate the probate proceeding himself, seeking the court's approval of the will's due execution during his own lifetime.
Why a will needs probate at all
The rule exists because no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. A will, by itself, does not transfer property just because it was signed — it has to go through the probate process for it to actually operate to distribute the estate. Allowing the testator to seek that approval in advance is meant to let this requirement be satisfied earlier rather than only after death.
The legal effect is the same whether probate happens before or after death
The article makes clear that, subject to the right of appeal, the allowance of the will — whether obtained during the testator's lifetime or after his death — is conclusive as to its due execution. This means a will probated while your father is alive is not treated as somehow less final or less binding than one probated posthumously; the conclusiveness on due execution attaches the same way in either case, appeal rights aside.
What this article leaves to procedural rules
The statute itself directs that the pertinent provisions of the Rules of Court for allowance of wills after death shall govern a lifetime petition as well, and it anticipates that the Supreme Court may formulate additional rules specifically for this kind of petition. This means the substantive right to petition for probate during one's lifetime comes from this article, but the actual procedural steps for doing so are found in the applicable Rules of Court rather than spelled out here.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Spouses Ricardo Pascual and Consolacion Sioson vs. Court of Appeals, et al, G.R. No. 115925, August 15, 2003 — read the decision on LawPhil →
- In the matter of the petition for the probate of the will of Consuelo, G.R. No. 204793, June 8, 2020 — read the decision on LawPhil →
- Dolores L. Hacbang and Bernardo J. Hacbang vs. Atty. Basilio H. Alo, G.R. No. 191031, October 5, 2015 — read the decision on LawPhil →
- Alejandra Arado, et al. vs. Anacleto Alcoran and Elenette Sunjaco, G.R. No. 163362, July 8, 2015 — read the decision on LawPhil →