Wills & Succession 2003

CIVIL LAW REVIEWER
SAINT LOUIS UNIVERSITY BAR OPERATIONS

WILLS & SUCCESSION
GENERAL PROVISIONS
Succession is a mode of acquisition by virtue of which
the property ri!hts and ob"i!ations to the e#tent of the
va"ue of the inheritance of a person are transmitted
throu!h his death to another or others either by his wi""
or by operation of "aw$
%& ' mode of acquisition
(ode ) the "e!a" means by which dominion or
ownership is created transferred or destroyed
*it"e ) on"y constitutes the "e!a" basis by which to
affect dominion or ownership +in succession tit"e is
acquired either by wi"" or by operation of "aw&
,& *he property, rights and obligations to the e#tent of the
va"ue of the inheritance
Inheritance is the universa"ity of the estate +Estate -
Inheritance&
*o the e#tent that they are transmissib"e or not
e#tin!uished by death
.roperty in this case refers to those which can be
appropriated
/u"es0
%& *he ri!hts which are pure"y persona" are
intransmissib"e
,& *he ri!hts which are patrimonia" or re"atin! to
property are !enera""y not e#tin!uished by death
e#cept those e#press"y provided by "aw or the wi""
of the testator
1& *he ri!hts of ob"i!ation are !enera""y
transmissib"e both with respect to the ri!hts of
the creditor and the ob"i!ations of the debtor
E#ceptions0
a& those which are persona"
in the sense that the persona"
circumstances of the debtor have been
ta2en into account
b& those that are
intransmissib"e by e#press a!reement
or by wi"" of the testator
c& those that are
intransmissib"e by e#press provision of
"aw such as "ife pensions !iven under
contract
d& when stipu"ated by the
parties
1& Of a person
3ecedent ) !enera" term app"ied to the person whose
property is transmitted throu!h succession whether or
not he "eft a wi""
*estator ) term for a decedent who has "eft a wi""
4& 're transmitted throu!h death
3eath conso"idates the inchoate ri!ht of the decedent
't the moment of death ownership possession etc$
is transmitted +the correct term shou"d be 5vested6&
53eath6 inc"udes those who are 5presumed6 dead
'rtic"e 1780 'fter an absence of %8 years a
person sha"" presumed dead for the purpose of
openin! his succession9 but if he disappeared
after the a!e of :; an absence of ; years wi"" be
sufficient +death is on the last day of period of
absence&
'rtic"e 17%0 *he fo""owin! are presumed to be
dead for 'LL purposes0
a& a person on board on
board a vesse" "ost durin! a sea voya!e or
an aerop"ane which is missin! who has not
been heard of for 4 years since the "oss of
the vesse" or aerop"ane
b& a person in the armed
forces who has ta2en part in war and had
been missin! for 4 years
c& a person who has been
in dan!er of death under other
circumstances and his e#istence has not
been 2nown for 4 years
NO*E0 *he date of death is fi#ed on the day of
the occurrence of the death
If there is a doubt as between , or more persons who
are ca""ed to succeed each other as to which of them
died first whoever a""e!es the death of one prior to the
other sha"" prove the same9 in the absence of proof
they sha"" be considered to have died at the same
time$
Note0 repudiation or acceptance of the inheritance
retroacts to the moment of death
;& *o another or others
/efers to the heirs devisees and "e!atees
<eir ) a person ca""ed to succession either by the
provision of a wi"" or by operation of "aw
=inds of heirs0
a& compu"sory ) succeeds
by force of "aw which they cannot be
deprived of e#cept by a va"id disinheritance
b& vo"untary or
testamentary ) instituted in a wi"" but on"y
with re!ard to the free portion
c& "e!a" or intestate ) those
who succeed when the decedent dies
without a wi"" O/ the portion of the estate
not disposed of by wi""
3evisee ) one to whom /E'L property is !iven by wi""
Le!atee ) one to whom .E/SON'L property is !iven
by wi""
*he distinction between heirs devisees and "e!atees
is critica"0
a& in preterition
b& with re!ard to property +definition by >?L /eyes&0
heirs ) one who succeeds to the who"e or
an a"iquot part of the inheritance
devisees and "e!atees @ those who succeed
to definite specific and individua" properties
A& Either by his will or by operation of law
Succession may be0
%& *estamentary ) that which resu"ts from the
desi!nation of an heir made in a wi"" e#ecuted in
the form prescribed by "aw
,& Le!a" or intestate ) that which resu"ts when the
decedent "eft no wi""
Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI,
ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON.
All Ri!"# R$#$%&$d by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS '(().
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CIVIL LAW REVIEWER
1& (i#ed ) when there is a party va"id"y disposed of
by wi"" and another part not va"id"y disposed of or
to which no heir is desi!nated by the testator
3istin!uish between future inheritance and future property0
%& Buture inheritance ) you cannot enter into a contract
with re!ard to this9 it is not in eisten!e or is
in!apable of determination at the time of the
perfection of the contract
,& Buture property ) you can enter into a contract with
this
"ES"A#EN"AR$ S%&&ESSION
GENERAL PROVISIONS
' wi"" is0
%& an act
?ut in the .hi"ippine settin! it shou"d a"ways be
in a written instrument
,& whereby a person
/efers on"y to nat'ral persons
1& is permitted
4& with the forma"ities prescribed by "aw
;& to contro" to a certain de!ree the disposition of his
estate
Limited by the system of "e!itimes and the
forma"ities required of wi""s
A& to ta2e effect after his death
*his must be ta2en to mean at the (O(EN* of
death
'"thou!h procedura""y the definition is correct
since it is on"y after the proceedin!s in court have
been fina"iCed that the properties !o to the heirs
Characteristics of Wi""s0
%& pure"y persona" act +note the difference between
draftin! and ma2in! a wi""&
Essence of wi""@ma2in!0
a& desi!nation of heirs devisees and "e!atees
b& duration or efficacy of such desi!nation
c& determination of the portions they are to
receive
*he above enumeration is NO* subDect to
de"e!ation$ Neither is the determination whether
the wi"" be operative or not$
EECE.*0
a& 'rt$ :FA0
Under this provision , thin!s must be
determined by the testator0
i$ the property or amount of money
to be !iven9 and
ii$ the c"ass or the cause to be
benefited
, thin!s may be de"e!ated0
i$ the desi!nation of persons
institutions or estab"ishments within
the c"ass or cause
i$ the manner of distribution
b& 'rt$ %8,70
/equisites for the artic"e to app"y0
i$ disposition for prayers and pious
wor2s for the benefit of the testatorGs
sou"
ii$ no specification of the app"ication of
the disposition
/u"es on the apportionment of the
disposition of the proceeds0
i$ H to the church or denomination to
which the testator be"on!ed
ii$ H to the State to be app"ied as
provided in 'rt$ %8%1
NO*E0 *he e#ecutor with the approva"
of the /*C wi"" carry it out
c& 'rt$ %8,70
When the testator names as his
beneficiaries the .OO/ they may
either be0
i$ of a definite "oca"ity
ii$ of no desi!nated "oca"ity ) in which
the case the poor of the testatorGs
domici"e sha"" be the beneficiaries
*he fo""owin! persons sha"" determine
the individua" beneficiaries within the
c"ass desi!nated0
i$ the person authoriCed by the testator
or in his defau"t
ii$ the e#ecutor or in his defau"t
iii$ the administrator
NO*E0 In either case the approva" of
the /*C sha"" be necessary
,& free and inte""i!ent act0 without vio"ence fraud or
deceit
If vitiated in effect it is IOI3
'rt$ F170 *he wi"" be disa""owed in any
of the fo""owin! cases0
a& if the forma"ities by "aw
have not been comp"ied with
b& if the testator was
insane or otherwise menta""y incapab"e of
ma2in! a wi"" at the time of its e#ecution
c& if it was e#ecuted
throu!h force or under duress or the
inf"uence of fear or threats
d& if it was procured by
undue and improper pressure and inf"uence
on the part of the beneficiary or of some
other person
e& if the si!nature of the
testator was procured by fraud
f& if the testator acted by
mista2e or did not intend that the instrument
he si!ned shou"d be his wi"" at the time of
affi#in! his si!nature thereto
1& disposes of property
Note0 if there is any disposition of property +which
inc"udes disinheritance& the wi"" must be
probated
4& essentia""y revocab"e
*he revocation must be done free"y and there
must be testamentary capacity
See Re(o!ation for further discussion
;& forma""y e#ecuted
It shou"d be written down
's to *I(E0
a& *he va"idity of a wi"" as
to its BO/( depends upon the observance
of the "aw in force at the time it is made
'
CIVIL LAW REVIEWER
b& 's to IN*/INSIC
va"idity the "aw at the time of the testatorGs
death !overns
's to the .L'CE0
a& ' Bi"ipino abroad an a"ien
abroad or an a"ien in the .hi"ippines has ;
choices as to what "aw to fo""ow for the
BO/( of his wi""0
i$ *he "aw of his citiCenship
ii$ *he "aw of the p"ace of e#ecution
iii$ *he "aw of his domici"e
iv$ *he "aw of his residence
v$ .hi"ippine "aw
b& With respect to IN*/INSIC
va"idity the "aw of the deceased sha"" app"y
A& testator has testamentary !apa!ity at the time of
e#ecution0
a& not prohibited under the
"aw
b& natura" person
c& %F years and above
d& of sound mind
*o be of sound mind it is enou!h that the
testator0
i$ m
ust understand the nature and effect of
the act that it is an act mortis causa
which wi"" dispose of his property upon
death
ii$ suf
ficient reco""ection of properties
iii$ re
member the natura" obDects of his bounty
NO*E0 *hese are factua" matters and not
medica" or psycho"o!ica"$ (oreover you
shou"d not "oo2 at the cause but rather the
effect$
Soundness of mind may be ne!ative"y
defined0
i$ it is not necessary that the testator be in fu""
possession of reasonin! facu"ties
ii$ it is not necessary that the testatorGs mind be
who""y unbro2en unimpaired unshattered by
disease inDury or other cause
*he "aw presumes that every person is of
sound mind in absence of proof to the
contrary
*he burden of proof that the testator was not
of sound mind is on the person who
opposes the probate EECE.*0
i$ when the testator % month or "ess before the
e#ecution of the wi"" was pub"ic"y 2nown to be
insane
ii$ when the testator e#ecuted the wi"" after
bein! p"aced under !uardianship or ordered
committed in either case for insanity and
before said order had been "ifted
Supervenin! incapacity does not inva"idate
an effective wi"" nor is the wi"" of an
incapab"e va"idated by the supervenin! of
capacity
:& uni"atera" act
It is NO* a contract because there is no meetin!
of the minds
F& act mortis causa or ta2es effect on"y upon death
'NJ act mortis causa +e$!$ donation mortis
causa& must fo""ow the forma"ities of a wi""
7& individua"
>oint wi""s0 one document which constitutes the
wi""s of , or more individua"s
's distin!uished from0
a& mutua" wi""s ) separate wi""s of , persons
which are /ECI./OC'L in their provisions
b& Doint 'N3 mutua" wi""s ) e#ecuted Doint"y by ,
or more persons the provisions of which are
reciproca" showin! the devises are made one in
consideration of the other
/u"es0
a a& ' Doint wi"" is IOI3
*he "aw does NO* inva"idate , distinct wi""s
written on the same sheet
b& >oint wi""s made by Bi"ipinos abroad are NO*
I'LI3 even if it is authoriCed by the "aw of the
country it is e#ecuted +EECE.*ION to the form
ru"e&
%8& statutory
%%& testamentary intent +animus testandi&
S*'*CONS0
%& 3oubts must be reso"ved in favor of the construction
which wi"" !ive effect to the wi""
,& In these cases paro" or e#trinsic evidence may be
a""owed ?U* not ora" dec"arations0
a& imperfect description of persons or property +"atent
or intrinsic&
b& app"ication of provisions upon the face of the wi""
+patent or e#trinsic&
1& Words wi"" be ta2en in their ordinary and !rammatica"
sense UNLESS there is a contrary intention
4& *echnica" words wi"" be ta2en in their technica" sense
UNLESS0
a& there is a contrary intention
b& the wi"" was drawn so"e"y by the testator
'na!)nowledged with the technica" sense
;& *here is a presumption 'K'INS* intestacy
=inds of wi""s a""owed in the .hi"ippines0
%& ordinary or attested wi""
,& ho"o!raphic or handwritten wi""
Common requirements for the , 2inds of wi""s0
%& in writin!
a& ordinary ) immateria" who persona""y writes it
b& ho"o!raphic ) necessari"y written by the testator
,& in a "an!ua!e or dia"ect 2nown to the testator
*here is a presumption of 2now"ed!e when
a& the wi"" is in a "an!ua!e where it was e#ecuted
b& the testator is a native or resident of the p"ace
note0 codes are o2 as "on! as it is an ante@
mortem probate
NO*E0 *he fu"fi""ment of these , requisites can be proved
by e#trinsic evidence$
's a ru"e paro" or e#trinsic evidence is NO* admissib"e to
show that a decedent intended to e#ecute his wi""
accordin! to a"" the formalities prescribed by statute$
I$ Ordinary or 'ttested Wi""s
'& /equisites0
)
CIVIL LAW REVIEWER
%& SIKNE3 at the end by0
a& the testator9 or
b& his a!ent +this may be proved by e#trinsic evidence
?U* must be attested&
i$ in his presence
ii$ by his epress direction
iii$ in his name +testatorGs */UE name&
NO*E0 *he a!ent must write the testatorLs name
and it is not necessary that he write his own$
<owever it must be stated in the attestation
c"ause that an a!ent si!ned if such was the case$
*he si!nature must appear 'B*E/ the "ast
disposition +referrin! to the "o!ica" end&$ <ence if
the si!nature does NO* appear at the end it is
INI'LI3
*he fo""owin! are a"so a""owed0
a& Si!natures
b& Initia"s
c& (ar2s
Karcia0 a si!n of the cross p"aced by
the testator does not comp"y with the
statutory requirement of si!nature
UNLESS it is the testatorLs usua"
manner of si!nature
d& Bictitious names
?ut must be used frequent"y by the
testator
e& *humbmar2s are a""owed
.ayad0 ' statute requirin! a wi"" to
si!ned is satisfied if the si!nature is
made by the testatorLs thumbmar2
,& 'ttested and subscribed by at "east 1 credib"e +but
must a"so be competent& witnesses in the presen!e
of the testator and of one another
, thin!s are required of the witness0
a& attestin! ) the 'C* of witnessin!
b& subscribin! ) the 'C* of si!nin! in the proper
p"aces
Mua"ifications of witnesses +see
WI*NESSES for further discussion&0
a& natura" person
b& of sound mind
c& at "east %F years of a!e
d& NO* b"ind deaf or dumb
e& domici"ed in the .hi"ippines
f& must NO* have been convicted of0
i$ fa"sification of documents
ii$ perDury
iii$ fa"se testimony
5In the presence6
Nera +obiter&0 it is NO* required that the
testator 'C*U'LLJ SEE the si!nin!$ It is
enou!h that he is not impeded from doin!
so$ *hat a mere act of turnin! around wou"d
entit"e her to see the si!nin!$ *he same
!oes for the other witnesses
It is not a""owed that the testator si!n first
and then show the si!ned wi"" to the
witnesses
<owever when it is the a!ent that si!ns the
a!ent can thereafter "eave since he is on"y a
mechanica" too"
Imp"ication of >aboneta0 if one of the
witnesses "eaves when the other witness
has not yet finished si!nin! then the si!nin!
is not considered 5in the presence6
*he witnesses must si!n in the presence of0
a& the testator
b& other witnesses
1& *he testator or his a!ent 'N3 the witnesses must si!n
every pa!e e#cept the "ast on the "eft mar!in in the
presence of the testator and the other witnesses
*he witnesses are not required to si!n on
the "ast pa!e because they wi"" si!n at the end of
the wi""$ In one case it was he"d that the
si!natures of the witnesses in the "ast pa!e may
be found at the "eft mar!in
<owever differentiate it from the si!nin! in
the attestation c"ause which must a"ways be at
the end +Ca!ro&
4& '"" the pa!es must be numbered corre"ative"y in "etters
on the upper part of each pa!e
;& *here must be an '**ES*'*ION CL'USE
*he "an!ua!e of such may NO* be 2nown
to the witnesses provided they understand it as
such a c"ause
It need NO* be si!ned by the testator since
it is not his dec"aration but the witnesses
Contents0
a& the number of pa!es of the wi""
b& testator si!ned the wi"" and every pa!e thereof
or caused some other person to write his name
under his e#press direction and presence
c& that the si!nin! by the testator or by the
person desi!nated by him was in the presence of
the witnesses
d& that the witness si!ned the wi"" and a"" the
pa!es thereof in the presence of the testator and
each other
3octrine of Substantia" Comp"iance0
app"ies with re!ard to the attestation c"ause
attempt to comp"y with any requisite
a"thou!h the comp"iance is not "itera" wi"" be
sufficient if the obDective or purpose sou!ht
to be accomp"ished is actua""y obtained
the imperfections may either be0
a& in the "an!ua!e used
b& in the form thereof
the fo""owin! must be absent0
a& bad faith
b& for!ery
c& fraud
d& undueN improper
pressure or inf"uence
/u"es0
a& !rammatica" errors may
be over"oo2ed
b& if it appears from conte#t
that words were inadvertent"y omitted
the court may supp"y the omission
c& the who"e "an!ua!e of
the c"ause must be ta2en to!ether
d& Caneda 3octrine0
omissions which can be supp"ied by an
e#amination of the wi"" itse"f without
resortin! to e#trinsic evidence wi"" NO*
be fata"0
i$ whether the pa!es are
consecutive"y numbered
+
CIVIL LAW REVIEWER
ii$ whether the si!natures appear in
each and every pa!e
iii$ whether there are 1 subscribin!
witnesses
iv$ whether the wi"" is notariCed
a& but omissions which
cannot be supp"ied e#cept by
presentin! evidence a"iunde wi""
INI'LI3'*E the attestation c"ause
i$ tota" number of pa!es
ii$ whether a"" the persons required
to si!n did so in the number of
pa!es
iii$ whether there was si!nin! in the
presence of the testator and the
witnesses
A& 'c2now"ed!ement before a notary pub"ic
CruC0 *he notary may NO* ac2now"ed!e
and witness at the same time
>ave""ana0 *he notary need not si!n in the
presence of the testator and witnesses
*he documentary stamp is not necessary
*his is not an inte!ra" part of the wi"" itse"f$
<owever it is an inte!ra" part of the wi""@ma2in!9
in fact it is the "ast step$ (oreover capacity of a""
parties concerned must e#ist unti" this "ast step$
?& Specia" /equirements for
handicapped testators
%& Bor deafNdeaf@mutes0
a& if ab"e to read ) must
read the wi"" persona""y
b& unab"e to read )
desi!nate , persons to read the wi"" and
communicate to him in some practicab"e manner
its contents
,& Bor b"ind testator0 +Karcia0 this app"ies to i""iterates
and those who are not medica""y Ob"indO but for a""
intents and purposes are Ob"indO&
It must be read twice0
%$ by the witness
,$ by the notary
*his requirement is mandatory +Karcia& ?ut may
be "ibera""y construed if substantia""y comp"ied
with +'"varado&$
II* +olographi! or +andwritten ,ills
'& .re"iminaries0
One e#ecuted by the testator himse"f writin! datin! and
si!nin! it by how own hand without the attestation of any
1
rd
person
?& /equisites0
%& Written entire"y by the testator
,& 3ated by the testator
Ba"se or erroneous date0
a& invo"untary mista2e with !ood faith0
i$ does NO* inva"idate the wi""
ii$ true date may be proved
e#trinsica""y +but must have a
basis in the wi""&
b& intentiona" fa"se date0
iii$ nu""ifies the wi""
iv$ proof of fa"sity must be intrinsic
' date written subsequent to the writin! o the wi""
which is the date on which the wi"" was actua""y
written is NO* a fa"se date
1& Si!ned by the testator
Symbo"s or sea"s NO* a""owed +but a customary
si!nature is enou!h&
It must be in the end of the wi""
*he wi"" can be si!ned "on! after it was written$ ?U*
the si!nin! and the date must corre"ate$ ' date p"aced
on the wi"" "on! after the si!nin! is considered a fa"se
date$
Other characteristics0
%& subDect to no other form
?ut intent to dispose mortis causa must c"ear"y
appear
's "on! as it is si!ned dates and written it is a
comp"ete wi""9 hence if a 1
rd
person inserts a
disposition on"y that disposition is void
*he provisions on F%, F%1 and F%4 wi"" not
affect the wi""Ls va"idity
,& maybe made in or out of the .hi"ippines
1& need not be witnessed
C& /u"es in probate0
%& at "east % witness must e#p"icit"y dec"are that the si!nature
and handwritin! is the testatorGs and he 2nows that it is his
,& if the wi"" is contested at "east 1 witnesses sha"" be
required
'Cao"a0 the 1@witness provision is directory NO*
mandatory
Codoy0 the 1@witness provision is mandatory
adheres to the 'Cao"a ru"in!
1& e#pert testimony may be resorted to provided0
a& there is absence of the competent witnesses in +%&
and +,&
b& the court deems it necessary
4& the ho"o!raphic wi"" itse"f must be produced$ ' "ost
ho"o!raphic wi"" C'NNO* be probated +Kan&
E#ception0 ' photostatic or #ero# copy may be a""owed
+/ode"as&
3& 3ispositions and 'dditions
4 situations0
%& if the insertion was made after the e#ecution of the
wi"" but without the consent of the testator such
insertion is considered as not written because the
va"idity of the wi"" cannot be defeated by the ma"ice or
caprice of a 1
rd
person
,& if the insertion after the e#ecution of the wi"" was with
the consent of the testator the wi"" remains va"id but
the insertion is void
1& if the insertion after the e#ecution is va"idated by the
testator by his si!nature thereon then the insertion
becomes part of the wi"" and the entire wi"" becomes
void because of fai"ure to comp"y with the
requirement that it must be who""y written by the
testator
4& if the insertion made by a 1
rd
person is made
contemporaneous to the e#ecution of the wi"" then the
wi"" is void because it is not written entire"y by the
testator
'n additiona" disposition be"ow the si!nature of the testator
maybe considered a ,
nd
wi"" a"ready
ru"es on insertions0 insertions by 1
rd
persons wi"" not affect
the va"idity of the wi"" if0
,
CIVIL LAW REVIEWER
%& they were not authenticated by the testator
,& they were not made contemporaneous"y
/equirements for dispositions ?ELOW the testatorGs
si!nature to be I'LI30
%& si!ned
,& dated
'rt$ F%10 /efers to additiona" dispositions which are si!ned
?U* not dated0 If the "ast disposition is si!ned and dated it
va"idates the prior dispositions
In order for the fo""owin! to be va"id the testator must
authenticate them with his si!nature otherwise they wi"" be
considered as not havin! been written0
%& insertions
,& cance""ations
1& erasures
4& a"terations
NO*E0 *he entire wi"" is NO* inva"idated un"ess the portion
invo"ved is an essentia" part of the wi"" +=a"aw&
III* &odi!ils and in!orporation by referen!e
'& 'fter the testator has a"ready made a wi"" a subsequent
instrument mortis causa may either be0
%& a new wi""
ma2es independent and distinct dispositions from
the prior wi""
,& a codici"
supp"ement or addition to a wi"" anne#ed to be
ta2en as part thereof
by which any disposition made in the ori!ina" wi""
is0
a& e#p"ained
b& added to
c& a"tered
in order to be effective it sha"" be e#ecuted as in
the case of a wi""
?& Incorporation by /eference0
'n e#ception to the ru"e that if an instrument is not
e#ecuted with a"" the forma"ities of a wi"" it cannot be
admitted to probate
/equisites0
%& the document or paper referred to in the wi"" must
be in e#istence at the time of the e#ecution of the
wi""
,& the wi"" must c"ear"y describe and identify the
same statin! amon! other thin!s the number of
pa!es thereof
1& it must be identified by c"ear and satisfactory
proof as the document or paper referred to
therein
4& it must be si!ned by the testator and the
witnesses on each and every pa!e EECE.* in
case of vo"uminous boo2s of account or
inventories
<ence there is an inference that
incorporation app"ies on"y to attested wi""s
NO*E0 the document shou"d NO* ma2e testamentary
dispositions for then the forma" requirements of wi""s
wi"" be circumvented
IV* ,itnesses to ,ills
/efers on"y to notaria" or attested wi""s
*here must be 1 credib"e and competent witnesses0
KonCa"es vs$ C'0 in order to be competent the
witnesses must have the qua"ifications in F,8 and
none of the disqua"ifications in F,%$ *o be credib"e on
the other hand it is NO* required that evidence be
estab"ished that the witnesses have a !ood standin!
in the community or that they are honest upri!ht
trustworthy or re"iab"e for a person is presumed to be
such un"ess the contrary is estab"ished otherwise
Mua"ifications0
%& of sound mind
,& at "east %F years of a!e
1& not b"ind deaf or dumb
4& ab"e to read and write
;& natura" person +because attestation is an act of the
senses&
3isqua"ifications0
%& not domici"ed in the .hi"ippines
however when the wi"" is e#ecuted in a forei!n
country the witnesses need not be domici"ed in
the .hi"ippines
,& those convicted of0
a& fa"sification of a document
b& perDury
c& fa"se testimony
1& Notary cannot be a witness
*he *I(E OB EEECU*ION of the wi"" is the on"y re"evant
tempora" criterion of the witnessG competence
'rt$ F,10 *he fo""owin! are disqua"ified to inherit testate0
%& the witness
,& his spouse
1& parent
4& chi"d
;& anyone c"aimin! under them
NO*E0
%& however they are sti"" qua"ified as witnesses
,& the disqua"ification e#tends a"so even if %@; are heirs
1& to app"y there must on"y be 1 witnesses
4& does NO* app"y to the "e!itime of the compu"sory heir
a mere char!e on the estate of the testator for the payment
of debts due at the time of the testatorGs death does NO*
prevent his creditors from bein! competent witnesses to his
wi""
V* Re(o!ation of wills and testamentary dispositions
' wi"" may be revo2ed by the testator at any time before his
death$ 'ny waiver or restriction of this ri!ht is IOI3
3ifference between revocation and nu""ity0
/u"es for revocation0
'& If made in the .hi"ippines @ fo""ow .hi"ippine "aw
?& If made o'tside the .hi"ippines0
Re(o!ation N'llity
'ct of the testator .roceeds from the "aw
.resupposes a va"id act Inherent in the testament be
it an intrinsic or e#trinsic
defect
*a2es p"ace durin! the "ifetime
of the testator
Invo2ed after testatorGs death
by the heirs
*estator cannot renounce the
ri!ht to revo2e
Can be disre!arded by the
heirs throu!h vo"untary
comp"iance
-
CIVIL LAW REVIEWER
%& If the testator is NO* domici"ed in the .hi"ippines0
a& fo""ow the "aw of the p"ace where the wi"" was
made
b& fo""ow the "aw of the p"ace where the testator was
domici"ed at the time of the revocation
,& If the testator is domici"ed in the .hi"ippines0
a& fo""ow .hi"ippine "aw
b& fo""ow the "aw of the p"ace of revocation
c& fo""ow the "aw of the p"ace where the wi"" was
made
(odes of revo2in! a wi""0
'& ?y operation of "aw +no need for probate because it is
revo2ed a'tomati!ally&
%& acts of unworthiness +%81,&
,& transformation a"ienation or "oss of the obDect devised
or bequeathed +7;:&
1& preterition +F;4&
4& Dudicia" demand of a credit !iven as a "e!acy +71A&
;& "e!a" separation
A& sa"e of the property !iven as devise or "e!acy for the
payment of the debts of the testator
?& ?y a subsequent wi"" or codici"
/equisites0
%& subsequent instrument must comp"y with the
forma" requirements of a wi""
,& testator must possess testamentary capacity
1& the revocation may either be0
a& e#press @ when the "ater wi"" dec"ares the
former or a"" former wi""s revo2ed
b& imp"ied @ the "ater wi"" mere"y ma2es
dispositions inconsistent with those
contained in the subsequent wi""
*o"entino0 No dec"aration of a fi#ed determination to
revo2e at some future time amounts to a revocation$
*here must be ./ESEN* 'C*ION and not a mere
intention to act$ ?U* the revocation may be made
conditiona" upon a future event
C& ?y physica" destruction0
%& *here are 4 ways0
a& burnin! @ some part must be burned
b& tearin! @ it is enou!h that the paper be torn
c& cance""in!
d& ob"iteration
,& (ay be done by0
a& the testator himse"f
b& another person0 IN <IS ./ESENCE and ?J
EE./ESS 3I/EC*ION
NO*E0 Effects of unauthoriCed destruction by another
person0
a& there is NO revocation
b& if attested the wi"" may sti"" be proved
by secondary evidence
c& if ho"o!raphic a copy must be
presented
1& *here must be testamentary capacity
4& *he fo""owin! must concur0 +(a"oto&
a& intent to revo2e
b& physica" fact or actua" destruction
;& *here is a presumption of revocation0 +Ka!o&
a& when a wi"" cannot be found by proper and
di"i!ent search after the death of the testator and
it was "ast seen with him
b& testator had ready access to the wi"" and it
cou"dnLt be found after his death
c& muti"ations ob"iterations and inter"ineations are
./ESU(E3 to have been made after e#ecution
of the wi"" and for the purpose of revo2in! it
d& if shown that the wi"" was NO* in the hands of the
testator the presumption that it was destroyed by
him does NO* arise
' revocation made in a subsequent wi"" sha"" ta2e effect
even if the new wi"" sha"" become inoperative because of0
%& incapacity of the heirs devisees or "e!acies
,& their renunciation
3octrine of 3ependent /e"ative /evocation0
Where the act of destruction is connected with the
ma2in! of another wi"" so as fair"y to raise the
inference that the testator meant the revocation of the
o"d to depend upon the efficacy of the new disposition
intended to be substituted the revocation wi"" be
conditiona" and dependent upon the efficacy of the
new disposition9 and if for any reason the new wi""
intended to be made as a substitute is inoperative the
revocation fai"s and the ori!ina" wi"" remain in fu"" force
'rt$ F11 on Ba"se Cause0 *he "aw respects the testatorLs
true intent$ <ence this artic"e sets aside a revocation not
ref"ectin! the intent$ *hese are the requisites0
%& the cause must be concrete factua" or i""e!a" and
NO* .U/ELJ SU?>EC*IIE
,& it must be fa"se
1& the testator must NO* 2now of its fa"sity
4& it must appear B/O( *<E WILL that the testator is
revo2in! because of the cause which is fa"se
'rt$ F140 *he reco!nition of an i""e!itimate chi"d does not
"ose its "e!a" effect even thou!h the wi"" wherein it was made
shou"d be revo2ed
VI* Rep'bli!ation and Re(i(al of ,ills
'rt$ F1A +Kenera" /u"e&0 *he e#ecution of a codici" referrin!
to a previous wi"" has the effect of repub"ishin! the wi"" as
modified by the codici"
*he artic"e app"ies to0
%& a wi"" void for a reason O*<E/ than a
forma" defect
,& a wi"" previous"y revo2ed
Effect0 the on"y thin! necessary to /E.U?LIS<
the wi"" is for the testator to e#ecute a
subsequent wi"" or codici" referrin! to the previous
wi""
'rt$ F1; +E#ception&0 *he testator cannot repub"ish without
reproducin! in a subsequent wi"" the dispositions contained in a
previous one which is void as to its BO/(
(ere reference to the prior wi"" is NO* enou!h
*he wi"" is void on"y as to BO/(
*o"entino0
?oth artic"es above came from different sources
Conf"ict0 under F1A a proper e#ecution of a
codici" e#tends a"so to the prior wi"" since the ,
are incorporated as %$ 'nd yet under F1; the
void wi""s cannot be uphe"d by mere reference
they shou"d be reproduced entire"y
/econci"iation0 reproduction in the codici" is
required on"y when the ori!ina" wi"" is void as to
its BO/( in a"" other cases +want of
testamentary capacity or undue inf"uence on the
testator& reference to the ori!ina" wi"" suffices to
repub"ish it throu!h the codici"
.
CIVIL LAW REVIEWER
'rt$ F1:0
If after ma2in! a wi"" the testator ma2es a ,
nd
wi""
e#press"y revo2in! the %
st
the revocation of the
,
nd
wi"" does NO* revive the first %
st
wi"" which can
be revived on"y by another wi"" or codici"
*his covers ONLJ e#press revocations
?a"ane0 this is based on the theory of instant
revocation$ <owever this is inconsistent with the
princip"e that wi""s ta2e effect mortis causa$
Burthermore to be effective the ,
nd
wi"" must be
probated but it has a"ready been revo2ed by the
1
rd
wi""P
E#ception0 where the ,
nd
wi"" is ho"o!raphic and it
is revo2ed by physica" destruction because then
the possibi"ity of its probate is forec"osed
?U* if it is and I(.LIE3 /EIOC'*ION +mere
inconsistency between , wi""s& upon the
destruction of the ,
nd
wi"" the %
st
is revived
re!ard"ess of intention provided the %
st
was
preserved +/'*IO0 the ,
nd
wi"" which has the
inconsistent provisions is mere intent and pure"y
testamentary hence has no effect unti" death$ If
the instrument containin! the intent is destroyed
itLs as if no intent was ever present&
note0 you have to probate the ,
nd
wi""
ALLO,AN&E O- ,ILLS
Preliminaries
*o probate a wi"" means to prove before some officer or
tribuna" vested with "aw with authority for that purpose that
the instrument offered to be proved is the "ast wi"" and
testament of the deceased person whose testamentary act
it is a""e!ed to be and that it has been e#ecuted attested
and pub"ished as required by "aw and that the testator was
of sound and disposin! mind
/evocation vs$ 3isa""owance0
No wi"" sha"" pass either rea" or persona" property
un"ess it is proved and a""owed in accordance with the
/u"es of Court
.inds of Probate
%& ante mortem ) that which is had durin! the "ifetime of the
testator
,& post mortem ) after the testatorGs death
A !o'rt a!/'ires 0'risdi!tion to probate a will
when it is shown that
%& a person has e#ecuted a wi"" or has died "eavin! a wi""
,& in the case of a resident that he resides or died in the
province where the court e#ercises territoria" Durisdiction
resides refers to the actua" or physica" p"ace or abode
1& in the case of a non@resident that he has estate in the
province where the court is situated
4& that the testament or "ast wi"" has been de"ivered to the
court and is in the possession thereof
R'les in Presentation for Probate
'fter e#ecutin! the wi"" the testator may deposit such to a
1
rd
person to ho"d for him but it is a"ways subDect to his
contro"
' person havin! custody of a wi"" who ne!"ects to de"iver
the same to the court without reasonab"e cause after
notice by the court to do so may be imprisoned unti" he
de"ivers the wi""
Petition for Probate
Kuevara0 the probate of a wi"" is ('N3'*O/J
'ny e#ecutor devisee or "e!atee named in a wi"" or any
other person interested in the estate may at any time after
the death of the testator petition the court havin!
Durisdiction to have the wi"" probated or a""owed whether
the same be in his possession or not or is "ost or
destroyed
Contents of the .etition0
%& the fact of the testatorGs death indicatin! the time and
p"ace
,& the fact that the deceased "eft a wi"" attachin! a copy
of such
1& the fact that the wi"" was e#ecuted accordin! to "aw
4& whether the person named as e#ecutor consents to
act as such or renounces his ri!ht to become an
e#ecutor
;& the names a!es and residences of the heirs "e!atees
and devisees of the decedent
A& the probab"e va"ue and character of the property of the
estate
:& the name of the person whose appointment as
e#ecutor is prayed for
F& if the wi"" has not been de"ivered to the court the
name of the person havin! custody thereof
On"y persons interested in the a""owance or disa""owance of
the wi"" shou"d be a""owed to intervene in the probate
' notice of hearin! sha"" be sent to a"" the parties
concerned$ Without such the proceedin!s sha"" be void
and shou"d be annu""ed
*he fo""owin! must be proved at the hearin! of the probate
of the wi""0
%& the fact of the testatorGs death in post mortem probate
,& pub"ication of notice of hearin!
1& e#ecution of the wi"" with the forma"ities required by
"aw
No "ost or destroyed wi"" sha"" be proved un"ess its
e#ecution and va"idity has been estab"ished and proved to
be in e#istence at the testatorGs death or shown to have
been accidenta""y or fraudu"ent"y destroyed without his
2now"ed!e nor un"ess its provisions c"ear"y and distinct"y
proved
/evocation 3isa""owance
Io"untary act of the testator ?y Dudicia" decree
(ay be made even without
cause
Can be decreed on"y for the
causes provided by "aw
(ay be partia" '"ways tota"
/
CIVIL LAW REVIEWER
Witnesses to the e#ecution of the wi"" shou"d be presented$
*he number and character of witnesses to be presented
depends on each circumstance
Effe!ts of Probate
SubDect to the ri!ht of appea" the a""owance of the wi""
either durin! the "ifetime of the testator or after his death
sha"" be conc"usive as to its due e#ecution
Once a decree of probate becomes fina" in accordance
with the ru"es of procedure it is res judicata
' fina" decree of probate is conc"usive as to the due
e#ecution of the wi"" +i$e$ as to the wi""Gs e#trinsic or forma"
va"idity on"y&
>I0 *he fo""owin! are reso"ved in probate0
%& due e#ecution +forma"ities&
,& capacity of the testator
a& menta" capacity
b& no vitiation of consent
c& ri!ht a!e
1& wi"" is !enuine
this requirement was added by Ka""anosa
this shows that 'rt$ F17 us NO* e#c"usive
Kenera" /u"e0 ' decree of probate does not concern itse"f
with the question of intrinsic va"idity and the probate court
shou"d not pass upon that issue
Nepomuceno e#ception0 this !enera" ru"e is not inf"e#ib"e
and abso"ute9 the probate of a wi"" mi!ht become an id"e
ceremony if on its face it appears to be intrinsica""y void9
where practica" considerations demand that the intrinsic
va"idity of the wi"" be passed upon even before it is
probated the court shou"d meet the issue
/eyes0
%& Muestions of tit"e to property cannot be passed upon
in the probate court$ EECE.* if the c"aimant and 'LL
the other parties havin! "e!a" interest in the property
assent e#press"y or imp"ied"y to the submission of the
question to the probate court for adDudication
,& *he Durisdiction of the probate court mere"y re"ates to
matters havin! to do with the sett"ement of the estate
and the probate of wi""s of deceased persons and the
appointment and remova" of administrators e#ecutors
!uardians and trustees$ *he question of ownership is
as a ru"e cannot be reso"ved with fina"ity$ *hus for the
purpose of determinin! whether a certain property
shou"d be inc"uded in the inventory of the estate
proceedin! the probate court may pass upon the tit"e
thereto but such is provisiona" and is subDect to the
fina" decision in a separate action to reso"ve tit"e
*he probate of a wi"" is not a bar to the probate of a codici"
*he probate of a wi"" is not a bar to the a""owance of
another wi"" subsequent"y discovered provided that the
"atter is proved to be posterior to the one a"ready probated
or if it is ear"ier that the , wi""s can stand to!ether
' !rant of "etters of administration in intestate proceedin!s
is not a conc"usive adDudication of intestacy so as to bar
the probate of a wi"" subsequent"y discovered
1isallowan!e of wills
*he "aw enumerates the different !rounds for disa""owin!
wi""s$ No other !round than those provided may serve as a
reason for denyin! probate of the wi""
Krounds0
%& if the forma"ities required by "aw have not been
comp"ied with
,& if the testator was insane or otherwise menta""y
incapab"e of ma2in! a wi"" at the time of its e#ecution
1& if it was e#ecuted throu!h force or under duress or
the inf"uence of fear or threats
4& if its was procured by undue and improper pressure
and inf"uence on the part of the beneficiary or of
some other person
;& if the si!nature of the testator was procured by fraud
A& if the testator acted by mista2e or did not intend that
the instrument he si!ned shou"d be his wi"" at the time
of affi#in! his si!nature thereto
NO*E0 if any of these !rounds is proved the wi"" sha"" be
void
*he !rounds are matters invo"ved in forma" va"idity$ <ence
once the probate becomes fina" it forec"oses any cha""en!e
on any of the !rounds
' wi"" shou"d not be disa""owed on dubious !rounds
' void wi"" cannot be ratified$ *his is NO* contract "aw$
INS"I"%"ION O- +EIRS
I* Instit'tion of heir
*he act by which the testator desi!nates the person or
persons who are to succeed him in his property ri!hts
and ob"i!ations
.roperty here is understood in its !eneric sense
and is "imited by0
a& "e!itime
b& corpse
/' 1470 ' person may va"id"y !rant to a
"icensed physician sur!eon 2nown
scientist or any medica" or scientific
institution inc"udin! eye ban2s and
other simi"ar institutions authority to
detach at any time after the !rantorLs
death any or!an part or parts of his
body and to uti"iCe the same for
medica" sur!ica" or scientific purposes
c& specia" "aw +e$!$ C'/.&
*his app"ies as we"" to institution of devisees and
"e!atees
ONLJ the free disposab"e portion is affected
II* Pro(isions with regard to the will2
' wi"" sha"" be I'LI3 even thou!h0
%& an heir is not instituted
,& the institution does not comprise the entire estate
1& the person instituted0
a& does not accept the inheritance
b& is incapacitated to succeed
NO*E0 the testamentary dispositions va"id"y
made sha"" be comp"ied with the remainder
passin! to the "e!a" heirs
<ow much can be disposed of by wi""0
%& if there are no compu"sory heirs @ the entire
hereditary estate
,& if there are compu"sory heirs @ the disposab"e
portion
III* Identifi!ation of heirs
0
CIVIL LAW REVIEWER
%& *he heir sha"" be desi!nated by name and surname
,& If havin! the same name the testator sha"" indicate some
circumstance by which the heir sha"" be 2nown
1& 'n error in the name surname or circumstance sha"" NO*
vitiate the institution when it is possib"e IN 'NJ O*<E/
('NNE/ to 2now with certainty the person instituted
If there are error and ambi!uities0
a& first "oo2 at the wi""
b& then resort to e#trinsic evidence +paro" evidence
is a""owed but NO* the dec"arations of the
testator&
4& 'n omission of the name wi"" sti"" be va"id if the heir is
desi!nated in such a manner that there can be no doubt as
to who was instituted
;& If those havin! the same name surname and
circumstances C'NNO* be identified even with proof
none sha"" be an heir
A& 3ispositions for an UN=NOWN .E/SON sha"" be IOI3
Un2nown person @ one whose identity cannot be
determined because he is not yet individua"iCed9 it
does NO* mean one who is not acquainted with the
testator
's distin!uished from an ine#istent person or one who
has no capacity
:& E#ception to +A&0 by some event or circumstance +past
present or future& the identity is 2nown
In this case the un2nown person becomes
individua"iCed
*he even or circumstance (US* appear in the wi""
itse"f
<owever .arish .riest says that there is a "imitation
of ,8 years
E#ception to the e#ception0
a& the determination of the heir is de"e!ated to
another
b& the instituted heir does NO* have the capacity to
succeed at the testatorLs death
F& ' disposition in favor of a definite c"ass or !roup is I'LI3
IV* Pres'mptions of E/'ality 3the following r'les do
NO" apply if it is !learly shown that the testator
intended otherwise42
%& <eirs instituted without desi!nation of shares sha"" inherit in
equa" parts
'pp"ies on"y to heirs of the same c"ass and Duridica"
re"ation$
*his is in re"ation to the disposab"e portion on"y
,& When some are instituted individua""y and others
co""ective"y those co""ective"y desi!nated sha"" be
considered individua""y instituted
1& Whether fu"" or ha"f@b"ood brothers and sisters sha"" inherit
equa""y
*his artic"e refers on"y to testamentary succession
4& When the testator ca""s to the succession a person and his
chi"dren they are a"" deemed instituted simu"taneous"y and
not successive"y
V* -alse &a'se
Kenera" /u"e0 the fa"sity of the stated cause does
NO* affect the va"idity of the institution
E#ception0 these requisites must CONCU/ +'ustria&
%& the cause for the institution of heirs must be
stated in the wi""
When you say I institute my best friend E
this is not what is contemp"ated by the "aw$
Bor the cause to be OstatedO it shou"d !o
"i2e this0 I institute E be!a'se he is my best
friend$
,& the cause must be shown to be fa"se
1& it must appear from the B'CE OB *<E WILL that
the testator wou"d not have made such institution
if he had 2nown the fa"sity of the cause
in effect this narrows the area of app"ication
because of the !reat burden to prove
NO*E0 the same ru"es app"y for Ocauses contrary to "awO
VI* Art* 567
If the institution is "imited to an ali/'ot part of the
inheritance "e!a" succession ta2es p"ace with respect
to the remainder
*his provision app"ies when the heirs are NO*
instituted as sole heirs un"i2e in F;, and F;1
VII* Art* 568 and 5692
In ?O*< artic"es0
%& there are more than one instituted heirs
,& the testator intended them to !et the who"e
estate or the who"e disposab"e portion as the
case may be
this must appear in the B'CE of the wi""
1& the testator has desi!nated a definite portion for
each heir
3ifferences0
F;,0 the tota" of a"" the portions is "ess than the who"e
estate hence a proportionate INC/E'SE is necessary
F;10 the tota" e#ceeds the who"e estate hence a
proportionate /E3UC*ION is necessary
NO*E0 ?oth provisions app"y to testamentary
succession on"y and the base for increasin! or
reducin! EECLU3ES the "e!itime
VIII* Preterition
.reterition means the tota" omission of a compu"sory heir
from the inheritance$ It consist in the si"ence of the testator
with re!ard to a compu"sory heir omittin! him in the
testament
3istin!uished from 3isinheritance0
/equisites0
%& that there is a *O*'L omission
therefore the heir must have received nothin!
from the testator by way of0
a$ testamentary succession
Preterition 1isinheritan!e
*acit deprivation of a
compu"sory heir of his
"e!itime by the testator
E#press deprivation of a
compu"sory heir of his "e!itime
by the testator
Io"untary but the
presumption is that it is
invo"untary
'"ways vo"untary
*he "aw presumes that there
has been mere"y an
oversi!ht or mista2e on the
part of the testator
*here is some "e!a" cause
Effect0 the omitted heir !ets
not on"y his "e!itime but a"so
his share in the free portion
not disposed of by way of
"e!acies and devises
Effect of inva"id disinheritance0
the compu"sory heir is mere"y
restored to his "e!itime
*(
CIVIL LAW REVIEWER
/eyes0 If the heir in question is
instituted in the wi"" but the portion
!iven to him by the wi"" is "ess than his
"e!itime there is no preterition the
remedy is comp"etion of "e!itime under
'rt$ 78A
b$ "e!acy or devise
'Cnar0 if the heir is !iven a "e!acy or
devise and such is "ess than the heirGs
"e!itime there is no preterition the
remedy is comp"etion of "e!itime under
'rt$ 78A
c$ donation inter vivos
this is treated as an advance to the
"e!itime hence the remedy is 'rt$ 78A
d$ intestacy
the ri!ht of the heir shou"d the vacant
portion be "ess than his "e!itime is
comp"etion under 'rt$ 78A
/eyes0 If the heir in question is instituted in the
wi"" but the portion !iven to him by the wi"" is "ess
than his "e!itime there is no preterition the
remedy is comp"etion of "e!itime under 'rt$ 78A
,& that the person omitted is a compu"sory heir in the
direct "ine
Covers chi"dren or descendants and in proper
cases +in defau"t of chi"dren or descendants&
parents or ascendants
*he survivin! spouse does not fa"" in this
cate!ory since she is not in the direct "ine
'cain0 the adopted chi"d is within the
contemp"ation of the artic"e in preterition as a
compu"sory heir in the direct "ine
1& that the compu"sory heir omitted survive the testator
if the compu"sory heir who has been preterited
dies before the testator it is the same as if there
had been no preterition +but ta2e note of the ri!ht
of representation&
Effect of .reterition0
'nnu"ment of the institution of heirs but va"idity of
"e!acies and devises to the e#tent that these "atter do
not impair the "e!itimes
*his is the on"y instance in succession where the
distinction between heirs and a "e!ateeNdevisee has a
practica" effect
Nu!uid0 .reterition abro!ates the institution of heir but
respects the "e!acies and devises insofar as these do
not impair the "e!itimes$ *hus if the wi"" contains on"y
institutions of heirs and there is preterition tota"
intestacy wi"" resu"t9 if there are "e!acies and devises
and there is preterition the "e!acies or devises wi""
stand to the e#tent of the free portion +mere"y to be
reduced not set aside if the "e!itimes are impaired&
but the institution of heirs if any wi"" be swept away$
I:* "ransmission of Rights2
?ased on the princip"e that no one can transmit to another
more ri!hts than what he himse"f has
S%;S"I"%"ION O- +EIRS
I* Preliminaries
3efinition0 Substitution is the appointment of another heir
so that he may enter into the inheritance in defau"t of the
heir ori!ina""y instituted
*he definition does NO* cover the fideicommissary who
does not succeed in defau"t of the first but 'B*E/ the first
*he ru"es on institution of heirs app"y in a supp"etory
character
In conf"ictin! c"aims between substitution and accretion the
former prevai"s
In rea"ity there are on"y , 2inds of substitution the simp"e
and fideicommissary$ *he others are mere"y variations of
these ,$ In the former the substitute inherits on"y if the %
st
heir fai"s$ In the "atter ?O*< heirs enter in the inheritance$
+they are mutua""y e#c"usive&
II* .inds of S'bstit'tion
'& Simp"e
' form of conditiona" institution
Causes of simp"e substitution0
%& ./E3ECE'SE ) !enera""y time of decedentGs
death is the on"y time important to determine
capacity of the heir
,& /ENUNCI'*ION ) whether the heir is
capacitated at the time of death 'N3 the
renunciation is sti"" to be reso"ved by
Durisprudence
1& INC'.'CI*J @ !enera""y time of decedentGs
death is the on"y time important to determine
capacity of the heir +e#cept in those cases where
a conviction is necessary&
<ow to substitute0
%& specify the cause
,& order substitution in !enera" terms +'LL causes
above are deemed inc"uded&
In an obiter in /abadi""a it seems that there
may be other causes of substitution other
than the ones enumerated above
E#tin!uishment of substitution0
%& nu""ity of the wi""
,& annu"ment of the institution of heir
1& death of the substitute before the testator
4& substitute himse"f is incapacitated to succeed the
testator
the ,
nd
heir must have capacity at the
testatorGs death 'N3 the time the condition
happens +but see ?a"ane ar!uments&
;& substitute repudiates or renounces the
inheritance
?& ?rief or Compendious
Not rea""y a =IN3 but a BO/( of substitution
(ay app"y to ?O*< a simp"e and fideicommissary
substitution
3efinition0
%& ?rief ) , or more substitutes for % ori!ina" heir
,& Compendious ) % substitute for , or more ori!ina"
heirs
NO*E0 ?ut the "aw uses both terms interchan!eab"y
If one is substituted for , or more ori!ina" heirs the effect
of the defau"t of one but not a"" of the ori!ina" heirs wi"" NO*
+eir Prede!ease In!apa!ity Ren'n!iation 1isinheritan!e
Compu"sory NO transmission
/epresentation
NO transmission
/epresentation
NO transmission
NO representation
NO
transmission
/epresentation
Io"untary NO transmission
NO representation
NO transmission
NO representation
NO transmission
NO representation
NN'
Le!a" NO transmission
/epresentation
NO transmission
/epresentation
NO transmission
NO representation
NN'
**
CIVIL LAW REVIEWER
resu"t in substitution$ 'LL of the ori!ina" heirs must be
disqua"ified$ EECE.* when the testator provides that
substitution wi"" happen in the event of the death of 'NJ
ONE of the ori!ina" heirs
C& /eciproca"
Not rea""y a =IN3 but a BO/( of substitution
(ay app"y to ?O*< a simp"e and fideicommissary
substitution
, cases0
%& if , persons are reciproca""y substitutes for each
other the one who succeeds !ets the share of
the heir who dies is incapacitated or repudiates
+un"ess it c"ear"y appears that the testatorGs
intention is otherwise&
,& if there are more than % substitute they sha""
have the same shares in the substitution as in
the institution
3& Bideicommissary
E"ements0
%& a first heir ca""ed to the succession +fiduciary&
reco!niCed as an instituted heir
cannot a"ienate the property
,& a second heir who ta2es the property
subsequent"y from the first heir
rea""y a ,
nd
heir hence he must have
capacity
he does NO* succeed the fiduciary for he
acquires his ri!hts from the moment of the
testatorGs death +if he dies ?EBO/E the %
st
heir the formerGs heirs wi"" acquire the
ri!hts&
1& the second heir must be one de!ree from the first
heir
.a"acios0 5one de!ree6 means one
!eneration9 hence the ,
nd
heir must be either
a parent or chi"d of the first heir
It is possib"e to estab"ish fideicommissary
substitution successive"y in favor of an
un"imited number of persons provided they
are a"" one !eneration from the %
st
heir and
are "ivin! at the time of the testatorGs death
+one de!ree means on !eneration 'N3
transmission&
4& dua" ob"i!ation imposed upon the fiduciary to
preser(e the property and to transmit it after the
"apse of the period to the fideicommissary
if this dua" ob"i!ation is not imposed the
institution is NO* necessari"y void9 it may be
va"id as some other disposition
tenure of fiduciary0
a& primary ru"e ) period indicated by the
testator +subDect to the secondary ru"e&
b& secondary ru"e ) if no period the
fiduciaryGs "ifetime
;& both heirs must be "ivin! and qua"ified to succeed
at the time of the testatorGs death
' fideicommissary substitution can never
burden the "e!itime
' fideicommissary substitution is a
combination of a usufructuary and a trust
' fideicommissary substitution must be
EE./ESSLJ made to be I'LI30
a& use of the term fideicommissary
b& imposin! upon the %
st
heir the
abso"ute ob"i!ation to preserve
and to transmit to the ,
nd
heir
'""owab"e deductions0 +UNLESS the testator provides
otherwise&
%& "e!itimate e#penses
,& credits
1& improvements
NO*E0 this covers on"y necessary and usefu"
e#penses and the amount deductib"e is NO* the
e#pense itse"f but on"y the increase in va"ue
*he fiduciary is NO* "iab"e for deteriorations un"ess
caused by his fau"t or ne!"i!ence
*he nu""ity of the fideicommissary substitution does
not preDudice the va"idity of the institution of the heirs
first desi!nated9 the c"ause sha"" simp"y be considered
as not written +?U* this is not app"icab"e when there is
rea""y no substitution0 e$!$ tacit fideicomiso&
What happens if the ,
nd
heir repudiatesQ
What if the %
st
institution is voidQ *here are ,
ar!uments0
%& annu"ment of the institution voids the substitution
2) the character of substitution is that there is
successive institutions hence the ,
nd
shou"d
succeed
III* Other R'les
*he substitute sha"" be subDect to the same char!es and
conditions imposed upon the instituted heir EECE.*0
%& when the testator e#press"y provides for the contrary
+in the wi"" itse"f&
,& when the condition is persona" to the heir
*he fo""owin! sha"" NO* ta2e effect +considered as not
written&0
%& fideicommissary substitutions not e#press"y made
,& provisions which contain0
a& perpetua" prohibition to a"ienate +ma#imum
shou"d on"y be ,8 years&
b& temporary prohibition to a"ienate +"imit is the %
st
heirGs "ifetime&
1& those which impose upon the heir the char!e of
payin! to various persons successive"y beyond the %
st
heirGs "ifetime a certain income or pension
4& tacit fideicomiso +on"y the secret instruction is void&
those which "eave to a person the who"e or part
of the hereditary property in order that he may
app"y or invest the same accordin! to secret
instructions communicated to him be the testator
+ONLJ the secret instruction is void&
the person who has been named sha"" receive
the property not as an heir but as a mere a!ent
of the testator for carryin! out his secret
instructions +in this case the disposition itse"f is
IOI3&
' provision "eavin! the na2ed tit"e to one and the usufruct
to another is va"id$ If the usufruct is !iven to various
persons not simu"taneous"y but successive"y then the
ru"es on fideicommissary substitution wi"" app"y
*he dispositions dec"arin! the who"e or part of the estate
ina"ienab"e for more than ,8 years are void +?U* if there is
a fidecommissary substitution this wi"" NO* app"y *he "imit
is the first heirGs "ifetime&
*'
CIVIL LAW REVIEWER
.upi"ar ) made by the father namin! a substitute for a chi"d
under his parenta" authority in case the "atter shou"d die
before attainin! maDority +this is now abo"ished&
EDemp"ar ) made by ascendants for descendants who
"ac2ed the required menta" capacity for ma2in! wi""s and
died in such condition +this is now abo"ished&
&ON1I"IONS AN1 "ER#S AN1 #O1ES
I* Preliminaries
1 2inds of dispositions in this section0
%& conditiona" ) that which depends upon0
a& a future9 or
b& uncertain event9 or
c& upon a past event un2nown to the parties
,& term ) that which a day certain has been fi#ed a day
certain meanin! that which must necessari"y come
a"thou!h it may not be 2nown when
1& mode ) that which states0
a& the obDect of the institution
b& the purpose of app"ication of the property "eft
c& the char!e imposed upon the heir
*he ri!ht of the testator to impose conditions terms or
modes sprin!s from testamentary freedom
*he ru"es provided here 3O NO* app"y to "e!itimes
Notes0
%& 'rt$ F:% does not spea2 of terms
,& *he headin! in this section does not spea2 of modes
II* &onditions
*he condition must appear in the testament itse"f CLE'/LJ
If there is doubt whether the testator intended to impose a
condition the interpretation shou"d be that the institution is
pure
In ambi!uous conditions the ru"es of interpretation shou"d
first be resorted to in determinin! the testatorGs intent$ If
that fai"s the condition wi"" be re!arded as an impossib"e
condition
*he fo""owin! sha"" NO* be considered as written0 +hence it
wi"" remain in the rea"m of intestacy&
%& impossib"e conditions
e#amp"e0 conditions on re"i!ion or that prohibitin!
the contest of a wi""
time to determine impossibi"ity0 when the
condition is to be fu"fi""ed +>I0 time of death but
one can a"so ar!ue that it shou"d be the time of
e#ecution&
,& condition contrary to "aw +i""e!a"&
1& condition contrary to !ood customs +immora"&
Conditions prohibitin! marria!e 0 +'?SOLU*ELJ&
%& on the first marria!e ) considered NO* imposed
,& on the subsequent marria!e0
a& if imposed by anyone e"se ) considered NO*
imposed
b& if imposed by deceased spouse or
ascendantsNdescendants @ va"id
When the condition is re"ative it may be va"id ?U* it wi""
be understood as abso"ute of the conditions are practica""y
impossib"e
note0 with re!ard to the ,
nd
para!raph in the artic"e it
shou"d not be a condition rather it shou"d be '=IN to a
term9 as "on! as it is not imposed as a condition and it is
a2in to a term because it refers to a period then it is va"id$
What is critica" is the phrasin!$
When the condition not to marry is va"id"y imposed it is
reso"utory in character$ *he widow or widower !ets the
property upon the death of the decedent but she "oses a""
her ri!hts upon marria!e +?a"ane0 is this subDect to caucion
mucianaQ&
' condition to contract marria!e is I'LI3 +?U* if its
performance becomes impossib"e it is considered as not
written&
'ny disposition made upon the condition that the heir sha""
ma2e some provision in his wi"" in favor of the testator or
any other person sha"" be void +C'.*'*O/I'&$ Note that
the disposition itse"f is IOI3$
/u"es on .otestative Casua" and (i#ed conditions0
'& .otestative +depends so"e"y on the wi"" of the
heirNdeviseeN"e!atee&
%& .ositive
a& Kenera" ru"e0 must be fu"fi""ed as soon as he
"earns of the testatorGs death
E#cept0
i$ the condition was a"ready
comp"ied with at the time the heir
"earns of the testatorGs death
ii$ the condition is of a nature that it
cannot be fu"fi""ed a!ain +if it can
be fu"fi""ed a!ain it shou"d be
fu"fi""ed&
b& Constructive comp"iance0 condition deem
fu"fi""ed +UNLESS the testatorGs wi"" c"ear"y
manifests that constructive comp"iance is
not a""owed&
,& Ne!ative
*here is caucion muciana +the heir must
!ive security to !uarantee the return of the
va"ue of the property fruits and interests in
case of contravention&
*he security may be demanded by those
who wi"" succeed upon the vio"ation of the
condition +e$!$ the substitute co@heirs in
accretion "e!a" heirs in intestacy&
If the caucion muciana is not furnished the
property sha"" be p"aced under
administration unti" the condition is fu"fi""ed
or it becomes certain that it cannot be
fu"fi""ed +however he wi"" sti"" enDoy
usufructuary ri!hts&
?& Casua" +depends on the wi"" of a 1
rd
person O/
chance&
%& Kenera" /u"e0 may be fu"fi""ed at any time +before
or after the testatorGs death& UNLESS the testator
provides otherwise
If a"ready fu"fi""ed at the e#ecution of the wi""0
a& if testator was unaware of the fu"fi""ment )
deemed fu"fi""ed
b& if the testator was aware0
i$ if it can no "on!er be fu"fi""ed a!ain
) deemed fu"fi""ed
ii$ if it can be fu"fi""ed a!ain ) must be
fu"fi""ed
,& Constructive comp"iance0 NO* app"icab"e
C& (i#ed +both a potestative and casua" condition&
*)
CIVIL LAW REVIEWER
%& Kenera" /u"e0 may be fu"fi""ed at any time +before
or after the testatorGs death& UNLESS the testator
provides otherwise
If a"ready fu"fi""ed at the e#ecution of the wi""0
a& if testator was unaware of the fu"fi""ment )
deemed fu"fi""ed
b& if the testator was aware0
i$ if it can no "on!er be fu"fi""ed a!ain
) deemed fu"fi""ed
ii$ if it can be fu"fi""ed a!ain ) must be
fu"fi""ed
,& Constructive comp"iance0
a& if dependent part"y on chance ) NO*
app"icab"e
b& if dependent part"y on a 1
rd
person0
i$ 1
rd
party is an interested party )
app"icab"e
ii$ 1
rd
party NO* an interested party )
NO* app"icab"e +institution
annu""ed&
?etween the time of the testatorGs death and the fu"fi""ment
of the suspensive condition or of the certainty of its non@
occurrence0 the property wi"" be p"aced under
administration +NO ri!ht of usufructuary for the instituted
heir unti" the condition happens&0
%& if the condition is fu"fi""ed ) the property wi"" be turned
over to the instituted heir
,& if it becomes certain the condition wi"" not happen )
the property wi"" be turned over tot he person entit"ed
thereto +e$!$ the substitute co@heir in accretion or
"e!a" heirs in intestacy&
*he "aw !overnin! the administration wi"" be that of the
/u"es of Court
*he ru"es on conditiona" ob"i!ations app"y in a supp"etory
character
*he heir must be "ivin! ?O*< at the testatorGs death and
the happenin! of the condition
III* "erms
3istin!uished from condition0
=inds of dispositions with a term0
%& Suspensive +ex die&
' disposition with a suspensive term does not
prevent the instituted heir from acquirin! his
ri!hts and transmittin! them to his heirs even
before the arriva" of the term
?efore the arriva" of the term the property sha""
be de"ivered to the heirs
*here (US* be a caucion muciana +fai"ure to do
so is equiva"ent to a renunciation and the heir
ne#t in the order of intestacy wi"" fi"e the security9
the State is not required to furnish security
*he testator may desi!nate a person who wi""
enDoy the property unti" the day comes when the
instituted heir sha"" ta2e it
,& /eso"utory +in diem&
?efore the arriva" of the term the property sha""
be de"ivered to the heirs
*he testator may appoint another to succeed the
instituted heir
NO*E0 In both the first heir is bound to preserve the
property unti" the day when the instituted heirGs enDoyment
thereof be!ins or terminates$ *he first heir is mere"y a
usufructuary and cannot a"ienate the property
IV* #ode
3istin!uished from condition0
NO*E0 In case of doubt the institution shou"d be
considered as moda" not conditiona"
' mode must be CLE'/LJ imposed as an ob"i!ation to be
considered as one$ (ere preferences or wishes e#pressed
by the testator are not modes$ In case of doubt the
statement shou"d NO* be considered as mode but mere"y
a su!!estion or discussion
When there is a mode the persons for whose benefit the
ob"i!ation has been imposed upon the heir may demand its
comp"iance$ ?ut if there are no such persons the caucion
muciana !uaranties the performance of the mode
In moda" dispositions a caucion muciana shou"d be posted
Who may enforce the caucion muciana +for comp"iance
and return&Q
%& if a 1
rd
person wi"" benefit from the mode ) such
person +this is one of the distinctions between a
condition and a mode&
,& if there is no 1
rd
person ) the "e!a" heirs
Constructive comp"iance is 'LLOWE3
If the fu"fi""ment of the mode is prevented by the intestate
heirs who wou"d "e!a""y ta2e the property upon non@
comp"iance with the ob"i!ation then the ob"i!ation wi"" be
deemed fu"fi""ed
Effect of non@comp"iance with the mode0 property wi"" be
returned to the estate of the decedent to then pass on
under the ru"es on intestacy +/abadi""a&$ Note that the
same thin! wi"" happen upon the occurrence of a reso"utory
condition$
What if you have an impossib"e i""e!a" or immora" modeQ
LEGI"I#E
I$ 3efinition0
Le!itime is that part of the testatorGs property which he
cannot dispose of because the "aw has reserved it for
certain heirs who are therefore ca""ed compu"sory
heirs
*he compu"sion in the system of "e!itime is on the
testator because the heirs can repudiate the
inheritance
*hose reserved for the "e!itime is *O*'LLJ e#c"uded
from the power of testacy and intestacy
%,& .art of the testatorGs property
&ondition "erm
'cquisition of the ri!ht of the
heir depends upon the
happenin! of the condition
such that if the condition does
not happen the heir does not
succeed
/i!ht is a"ready transmitted to
the heir upon the death of the
testator9 the term mere"y
serves to determine the
demandabi"ity of such ri!ht
a"ready acquired
&ondition #ode
Suspends but does not ob"i!ate Ob"i!ates but does not
suspend
Bu"fi""ed in order to acquire a
perfect ri!ht as heir
Comp"ied with because of
bein! a"ready an heir
*+
CIVIL LAW REVIEWER
there is a debate whether this refers to the
concrete part or the va"ue civi"ists ho"d that it refers to
the concrete part
.roperty inc"udes those which are subDect to
!ollation
*his refers to the net estate +!ross estate
minus the ob"i!ations&
%1& Cannot be disposed of
*he testator cannot deprive his compu"sory
heirs of their "e!itime
Le!itimes cannot be subDect to0
a$ ?urdens
b$ Encumbrance
s
c$ Substitution
d$ Condition
%4& /eservation by "aw
*he testator cannot deprive his compu"sory
heirs of their "e!itime EECE.*0
a& 3isinheritance
b& Incapacity
c& 'rt$ %8F8
d& Bami"y <ome
e& *he testator may
provide for a trust +ma#imum of ,8 years&
f& /eserva tronca"
%;& Compu"sory heirs
a& .rimary ) Le!itimate
chi"dren and descendants with respect to their
"e!itimate parents and ascendants
Le!itimate chi"dren ) those born O/
conceived under a va"id marria!e +it doesnGt
matter whether the "e!itimate chi"d is that of a %
st
marria!e&
Inc"udes "e!itimated chi"dren and adopted
chi"dren
*here is no !on!'rren!e between
"e!itimate chi"dren and descendants$ <ence the
presence of "e!itimate chi"dren e#c"udes the
descendants$ *his is based on the proimity
r'le +the nearer e#c"udes the more remote&
/epresentation is a""owed e!ept in
renunciation +because there is NO representation
in renunciation&
E#c"udes a"" heirs e#cept concurrin! and
testamentary heirs
*he sharin! is equa" e#cept in
representation +but ta2e note that the divisor
remains the same0 the number of chi"dren&
b& Secondary ) Le!itimate
parents and ascendants with respect to their
"e!itimate chi"dren and descendants
*his app"ies ONLJ in defau"t of the primary
compu"sory heirs
*here is no !on!'rren!e between
"e!itimate parents and ascendants$ <ence the
presence of "e!itimate chi"dren e#c"udes the
descendants$ *his is based on the proimity
r'le +the nearer e#c"udes the more remote&
/epresentation does NO* app"y
?aritua0 the parents succeed on"y when
there are no descendants
If the parents predecease the share wi"" be
equa" in each "ine if they are of the same de!ree$
If not fo""ow the pro#imity ru"e$
c& Concurrin! heirs )
I""e!itimate chi"dren 'N3 survivin! spouse +widow or
widower&
*hey succeed whether or not there are primary
or secondary heirs but they on"y !et from the free
portion
In case of "e!a" separation the !ui"ty spouse
wi"" not be entit"ed from the succession
LapuC0 the death of one party causes the
death of the action for "e!a" separation
/osa"es0 *he survivin! spouse referred to
here is the spouse of the decedent not the
spouse of the chi"d who has predeceased the
decedent
?aritua0 mere estran!ement does not
disqua"ify the spouse to inherit
In void marria!es a Dudicia" decree is not
required and the marria!e can be attac2ed
co""atera""y or direct"y at any time
In voidab"e marria!es they are va"id unti"
annu""ed and cannot be assai"ed co""atera""y$
(oreover the annu"ment shou"d be done durin!
the "ifetime of the spouses
*he survivin! spouse if ./EBE//E3 over
the i""e!itimate chi"dren since the shares of the
"atter may be reduced in favor of the former in
certain cases$ ?ut the share of the spouse
cannot be reduced
d& Inferior heirs )
I""e!itimate parents
*he i""e!itimate re"ationship is on"y between
the parent and chi"d and does not inc"ude the
other ascendants
*hey are inferior because they are e#c"uded
by ascendants and descendants +with respect to
the "atter either "e!itimate or i""e!itimate&9 they
can ONLJ concur with the survivin! spouse
II$ Some .ronouncements0
Bree portion vs$ Bree disposab"e portion0 the term
5free portion6 is erroneous since0
%& *he free portion can be ta2en by the survivin!
spouse and i""e!itimate chi"dren in certain
instances
,& Jou can on"y dispose within the "aw and not as you
deem fit
<ence the correct term shou"d be free disposab"e portion$
Le!itime is NO* a type of succession +testate
intestate or mi#ed& it is a system of LI(I*'*ION
.resumptive "e!itimes ) de"ivered upon disso"ution of
a marria!e however they have to be COLL'*E3
III$ Steps to determine "e!itime0
%& determination of the propertyGs va"ue which remains at
the time of the testatorGs death
,& determination of the ob"i!ations debts and char!es
which have to be paid out or deducted from the va"ue
of the property "eft
1& determination of the difference between the assets
and the "iabi"ities !ivin! rise to the net hereditary
estate
4) the addition to the net va"ue thus found of the va"ue
at the time they were made of donations s'b0e!t to
!ollation
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CIVIL LAW REVIEWER
;& determination of the amount of the "e!itimes by !ettin!
from the tota" thus found the portion that the "aw
provides as the "e!itime of each respective
compu"sory heir
II$ 'mounts of "e!itimes0
%& Le!itimate chi"dren
/u"e0 H of the estate in equa" portions
whether they survive a"one or with concurrin!
compu"sory heirs
'rtic"e0 FFF
I""ustration0 +, "e!itimate chi"dren&
,& % Le!itimate chi"d and survivin! spouse
/u"e0 H to "e!itimate chi"d and R to the
survivin! spouse
'rtic"e0 F7,+%&
I""ustration0
1& Le!itimate chi"dren and survivin! spouse
/u"e0 H of the estate in equa" portions to the
chi"dren9 a share equa" to each chi"d for the
spouse
'rtic"e0 F7,+,&
I""ustration0 , "e!itimate chi"dren
4& Le!itimate chi"dren and i""e!itimate chi"dren
/u"e0 H of the estate in equa" portions to the
chi"dren9 H of the share of each "e!itimate for the
i""e!itimate chi"dren
'rtic"e0 %:A of the BC and FFF
I""ustration0 , "e!itimate and , i""e!itimate
;& % "e!itimate i""e!itimate chi"dren and survivin! spouse
/u"e0 H of the estate for the "e!itimate9 each
i""e!itimate H of the "e!itimateGs share9 R of the
estate for the survivin! spouse
'rtic"e0 %:A of the BC and FFF
F7,+%&F7;+1&
I""ustration0 % "e!itimate and , i""e!itimate
NO*E0 *he concurrin! heirs !et from the ha"f free
portion$ *he survivin! spouse havin! preference and
the i""e!itimate chi"dren may s'ffer red'!tion*
A& Le!itimate chi"dren i""e!itimate chi"dren and survivin!
spouse
/u"e0 the chi"dren fo""ow the ru"e on +;&9
survivin! spouse !ets a share equa" to that of a
"e!itimate chi"d
'rtic"e0 F7,+,&F7:F7F
I""ustration0 1 "e!itimate and , i""e!itimate
:& Le!itimate parents
/u"e0 H of the estate whether or not with
concurrin! compu"sory heirs
'rtic"e0 FF7
I""ustration0
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CIVIL LAW REVIEWER
F& Le!itimate parents and i""e!itimate chi"dren
/u"e0 H of the estate for the "e!itimate
parents9 R of the estate in equa" shares to the
i""e!itimate
'rtic"e0 FF7 F7A
I""ustration0 % "e!itimate and , i""e!itimate
7& Le!itimate parents and survivin! spouse
/u"e0 H of the estate for the parents9 R of
the estate to the spouse
'rtic"e0 FF7 F71
I""ustration0
%8& Le!itimate parents i""e!itimate chi"dren and survivin!
spouse
/u"e0 same as in +F&9 the survivin! spouse
!ets %NF of the estate
'rtic"e0 F77
I""ustration0 , i""e!itimate
%%& I""e!itimate chi"dren a"one
/u"e0 H of the estate divided equa""y
'rtic"e0 78%
I""ustration0 1 i""e!itimate
%,& I""e!itimate chi"dren and survivin! spouse
/u"e0 a"" the chi"dren divide %N1 of the estate
equa""y9 survivin! spouse !ets %N1 too
'rtic"e0 F74
I""ustration0 1 i""e!itimate
%1& Survivin! spouse a"one
/u"e ' +Kenera" /u"e&0 H of the estate
'rtic"e0 788
I""ustration0
/u"e? +marria!e in arti!'lo mortis and
deceased dies within 1 months&0 %N1 of the estate
e!ept those who have been "ivin! to!ether for ;
years or more in which /u"e ' app"ies$
'rtic"e0 788
I""ustration0
%4& I""e!itimate parents a"one
/u"e0 H of the estate
'rtic"e0 781
I""ustration0
%;& I""e!itimate parents and chi"dren of any c"ass
/u"e0 i""e!itimate parents none9 chi"dren
same as in +%& +A& and +%%&
'rtic"e0 781
I""ustration0 1 "e!itimate and 1 i""e!itimate
%A& I""e!itimate parents and survivin! spouse
/u"e0 R of the estate to the i""e!itimate
parents9 R to the survivin! spouse
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CIVIL LAW REVIEWER
'rtic"e0 781
I""ustration0
LEKEN30
@ Bree .ortion
@ Survivin! Spouse
@ I""e!itimate Chi"d
@ Le!itimate Chi"d
@ Le!itimate .arents
@ I""e!itimate .arents
NO*E0 *he ri!hts of i""e!itimate chi"dren set forth above are
transmitted upon their death to their descendants whether
"e!itimate or i""e!itimate
II$ Other re"ated provisions0
Every renunciation or compromise as re!ards a future
"e!itime is IOI3$ *he "e!itime may be c"aimed upon death
?U* any property !ratuitous"y received from the
predecessor by virtue of the renunciation or compromise
wi"" be considered an advance on the "e!itime and must be
COLL'*E3$ +this refers on"y to comprises between the
testator and the comp"usory heir9 for the others the
prohibition is found in the provision that prohibits future
inheritance to be contracted away&
/i!ht of comp"etion of "e!itime0 any tit"e "ess than the
"e!itime be"on!in! to the compu"sory heir may demand that
it be fu""y satisfied
/u"e when the devise subDect to reduction shou"d consist of
rea" property which cannot be convenient"y divided0
%& if the e#tent of reduction is "ess than H of the va"ue of
the thin! ) it shou"d be !iven to the devisee
,& if the e#tent of reduction is H or more of the va"ue of
the thin! ) it shou"d be !iven to the compu"sory heir
NO*E0 in either case there shou"d be pecuniary
reimbursement to the party who did not !et his physica"
portion of the thin! devised
If the above ru"e has not been e#ercised0
%& any other heir or devisee who e"ects to do so may
acquire the thin! and pay the parties +the compu"sory
heir and the devisee in question& their respective
shares in money
,& if no heir e"ects to acquire it it sha"" be so"d at pub"ic
auction and the net proceeds accordin!"y divided
between the parties concerned
*he devisee who is entit"ed to a "e!itime may retain the
entire property ./OII3E30 its va"ue does not e#ceed that
of the disposab"e portion 'N3 of the share pertainin! to
him as "e!itime$
RESERVA "RON&AL
.urpose0 It see2s to prevent persons outside a fami"y from
securin! by some specia" accident of "ife property that
wou"d otherwise have remained therein$
Nature0 *he reserva creates a doub"e reso"utory condition
to which the ri!ht of ownership of the person ob"i!ed to
reserve is subDected0
%& the death of the ascendant ob"i!ed to reserve
,& the surviva" at that moment of re"atives within the 1
rd
de!ree be"on!in! to the "ine from which the property
came
/equisites0
%& that the property was acquired by a descendant from
an ascendant or from a brother or sister by !ratuitous
tit"e
,& that said descendant died without an issue
1& that the property is inherited by another ascendant by
operation of law
4& that there are re"atives within the 1
rd
de!ree be"on!in!
to the "ine from which said property came
.rocess of transfers0
%& Birst ) by !ratuitous tit"e from a person to his
descendant brother or sister
,& Second ) by operation of "aw from the transferee in
the first transfer to another ascendant +this !reates
the reserva&
1& *hird ) from the transferee in the second transfer to
the reservatarios
.arties +'"" must be legitimate re"ations&0
%& Ori!in or mediate
*he ascendant or brother or sister from whim the
property ori!ina""y came
It is immateria" whether the property came from
some other person before it became property of
the other ascendant or the brother or sister
*he ascendant may be of an de!ree of ascent
Shou"d the brotherNsister be of the fu"" or ha"f@
b"oodQ , opinions0
NO*E0 *o"entino !oes for the ,
nd
view
,& .repositus
*he descendant who acquired the property by
"ucrative tit"e from the ori!in
Whi"e the property is sti"" in the prepositus there
is as yet no reserva$ Consequent"y the
prepositus has a"" the ri!hts of ownership over
the property any may e#ercise such ri!hts in
order to prevent a reserva from arisin!$
*he prepositus is the arbiter of the reserva
troncal$
3) Reservista
/e"ationship must be of the
ha"f@b"ood because otherwise
the property wou"d not chan!e
"ines in passin! to a common
ascendant of the prepositus
and the brother$ <ence there
shou"d be no reserva if it is a
fu""@b"ood re"ationship because
of impossibi"ity to identify the
"ine of ori!in
It does not matter whether it is
of the fu"" or ha"f@b"ood$ *he
"aw does not distin!uish and
precise"y the reservation is in
favor of a "ine whether
paterna" or materna"
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CIVIL LAW REVIEWER
'scendant who received the property by
operation of law from the descendant
<e is the person ob"i!ed to reserve
*he reservab"e property is NO* part of the estate
of the reservista$
KonCa"es0 the reservista has NO power to
appoint by wi"" which reservatarios were to !et
the reserved property
4) Reservatarios
*he re"atives benefited
*win requirements0
%& within the 1
rd
de!ree from the prepositus
the fo""owin! are the re"atives within the
1
rd
de!ree0
a& father and mother
b& !randparents of the "ine from
which the property came and the
brothers of the fu"" b"ood or those
of the ha"f@b"ood on the side from
which the property came
c& !reat@!randparents the unc"es by
consan!uinity and the nephews
and nieces
,& be"on!in! to the "ine from which the property
came
(ust the reservatario a"so be re"ated to the
ori!inQ *o"entino0 JES$ *here must be a doub"e
re"ation of consan!uinity$ <ence the reservatario
must be re"ated by b"ood not on"y to the
descendant but the ori!in as we""$
's "on! as the reservatario is a"ive at the time of
the reservistas death he qua"ifies as such even
if he was conceived and born after the
prepositusG death
.adua0 the choice of reservatarios are subDect to
the ru"es of intestate succession hence the ru"es
on preference of "ines and pro#imity app"y
B"orentino0 representation wi"" a"so app"y in
reserva troncal as "on! as the person
representin! is a"so in the 1
rd
de!ree$ <ence
there can on"y be one instance of representation
a case of the prepositus bein! survived by
brothersNsisters and chi"dren of a predeceased or
incapacitated brotherNsister
/u"es on the .roperty subDect to reservation0
%& there is no need to inquire into the source of property
further than the ori!in
,& the prepositus must have acquired the property from
the ori!in by "ucrative tit"e
1& the property from the prepositus must pass to the
ascendant reservista by operation of "aw
Operation of "aw0
a& "e!itime in case of testamentary succession
b& entire inheritance in case of intestacy
NO*E0 it shou"d never pass by wi""
*he reservation app"ies ONLJ to properties
which can be distin!uished and individua"iCed$
NO SU?S*I*U*ION is a""owed whether it is of
the same 2in! or va"ue$
It shou"d be noted that before the death of the
prepositus there is no reservation yet and hence
no ob"i!ation to preserve the property
(a#imaNminima0
Bor this , theories to app"y the fo""owin!
must concur0
a& prepositus institutes the ascendant@
reservista to the who"e or a part of the
free portion
b& there is "eft in the prepositusG estate
upon his death in addition to reserved
property property not reservab"e
If the requisites concur app"y either0
a& ma#ima ) the reserva shou"d app"y to
the property that has been !ratuitous"y
acquired from the ori!in that can be
inc"uded within the "e!itime of the
reservista
b& minima ) the property passin! to the
reservista passes part"y by wi"" and
part"y by "aw in the same proportion
that the part !iven by wi"" bears to the
part not so !iven
/i!hts of the Reservista0
%& ownership over the property
,& ownership is subDect to a reso"utory condition +the
e#istence of reservatarios at the time of the
reservistas death&
1& ri!ht of ownership is a"ienab"e but subDect to the same
reso"utory condition
4& reservistas ri!ht of ownership is re!istrab"e
Ob"i!ations of the Reservista0
%& to annotate in the /e!istry of .roperty the reservab"e
character of the immovab"e
the reservista has a period of 78 days from the
time the reserva arises in which to re!ister the
reservab"e character of the immovab"e property9
if he does not vo"untari"y cause the re!istration
within that period then the reservatarios may
Dudicia""y demand that he be compe""ed to ma2e it
,& to ma2e an inventory of a"" the reservab"e property
the actua" condition of the property shou"d be
described and their va"ue stated
the form of the inventory is not important
however when rea" property is invo"ved it shou"d
be in a pub"ic instrument
1& to constitute a mort!a!e or !ive a security to !uaranty0
a& the restitution of persona" property in the
condition in which it may be found at the time of
his death
b& the return of the price received for persona"
property a"ienated or the de"ivery of its va"ue at
the time of a"ienation if this has been made by
!ratuitous tit"e
c& the payment of the dama!es caused by his fau"t
or ne!"i!ence
d& the va"ue of the immovab"e property va"id"y
a"ienated
/i!hts of the Reservatarios0
%& /i!ht of e#pectancy over the property
,& /i!ht is subDect to a suspensive condition +the
e#pectancy ripens to ownership if the reservatarios
survive the reservista&
1& /i!ht is alienable but subDect to the same suspensive
condition
/u"es when the immovab"e has been a"ienated0
a& if the reserva is annotated ) transferee has
on"y a conditiona" tit"e
b& if the reserva is NO* annotated but the
transferee had 2now"ed!e that there was a
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CIVIL LAW REVIEWER
reserva ) transferee has on"y a conditiona"
tit"e
c& if the reserva is NO* annotated the
transferee had NO 2now"ed!e of the
reserva and there is NO re!istration in the
/e!istry0
i$If the transferee re!isters such immovab"e
) the transferee has better tit"e
i$ If the transferee does NO* re!ister )
there are , views but *o"entino ho"ds
that the !ood faith buyer prevai"s since
it was the reservatarios fau"t9 the
recourse is to !o after the reservista$
4& /i!ht is re!istrab"e
E#tin!uishment of theReserva0
1) death of the reservista
2) death of the reservatarios
94 tota" fortuitous "oss of the property
<4 renunciation
64 prescription
=4 confusion or mer!er of ri!hts
>4 *orrens re!istration
1ISIN+ERI"AN&E
I$ .re"imina
ries0
3isinheritance ) the act by which the testator for a Dust
cause deprives a compu"sory heir of his ri!ht to the
"e!itime$ It is a testamentary disposition by which a person
is deprived of or e#c"uded from the inheritance to which
he has a ri!ht
It tota""y e#c"udes the disinherited heir +even in a previous
wi""&
*he ru"es here are strict"y construed
'ccurate"y it on"y spea2s of the "e!itime but its "e!a"
consequence inc"udes intestacy
II$ /equisite
s for disinheritance0
1) *hat it is made in a (alid will
*his means the forma"ities and so"emnities
were comp"ied with
' wi"" is reco!niCed as va"id on"y if admitted
by the probate court
,& *hat it be for a cause desi!nated by "aw
*his is an e#c"usive "ist
1& *hat it be made e#press"y statin! the cause in the wi""
it is advisab"e to put in the detai"s
constitutin! the !rounds ?U* mere statement of
the !round is a"ready sufficient in either case it
has to be proved
4& *he cause must be certain and true and must be
proved by the interested heirs ONLJ if the person
disinherited shou"d deny it
<ence there must be a probate
;& It must be *O*'L
A& *hat it must be unconditiona"
?ut the pardon may be conditiona"
:& *hat the heir disinherited must be desi!nated by name
or in such manner as to "eave no room for doubt as to
who is intended
*he ru"es with re!ard to desi!natin! by
name in institution of heirs is fo""owed
III$ Effect of
a void disinheritance0
%& 'nnu"ment of the testamentary dispositions on"y in so
far as they preDudice the "e!itime of the person
disinherited
,& It doesnGt affect the dispositions of the testator with
respect to the free portion
II$ /econci"i
ation0
%& refers e#press"y to the heir disinherited
,& specifica""y to the acts causin! the disinheritance
1& pardon accepted by the heir
I$ Causes
for revocation of disinheritance0
,& reconci"iation
1& subsequent institution of the disinherited heir
+reconci"iation&
4& nu""ity of the wi"" containin! the disinheritance
II$ /i!ht of
representation0
In case there is disinheritance there is a ri!ht of
representation ?U* on"y with respect to the direct
3ESCEN3INK "ine +this refers ONLJ to chi"dren and
descendants9 'rt$ 7%7&$ *he disinherited parent sha"" NO*
have the usufruct or administration of the property +'
disinherited ascendant or spouse C'NNO* be
represented&
III$ K/OUN
3S0
? @ the !round is a"so present under %81, +unworthiness&$
NO*E0 When the !round for disinheritance over"aps with
unworthiness the choice is in the testator$ If he disinherits then
the ru"es on disinheritance sha"" app"y$ ?U* if he is si"ent then
the ru"es on unworthiness wi"" come into p"ay$
IIII$ /e"ated
matters0
%& Krounds for "oss of parenta" authority0
a& adoption
b& appointment of !enera" !uardian
c& abandonment
d& fina" Dud!ment of the Court
e& absence or incapacity
f& civi" interdiction
!& e#cessiveness harshness or crue"ty
h& corruptin! orders counse" or e#amp"e
i& compe""in! to be!
D& acts of "asciviousness
2& se#ua" abuse
,& Krounds for "e!a" separation0
a& repeated physica" vio"enceN!ross"y abusive
conduct on the spouse or chi"d
b& compe""in! to chan!e re"i!ion or po"itica"
affi"iation
c& prostitution or corruption
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CIVIL LAW REVIEWER
d& imprisonment of more than A years even if
pardoned
e& dru! addiction or habitua" a"coho"ism
f& "esbianism or homose#ua"ity
!& bi!amy
h& se#ua" infide"ity or perversion
i& attempt on "ife
D& abandonment of % year
LEGA&IES AN1 1EVISES
I* Art* @8<
3ifference0
%& Le!ateeN3evisee ) institution of a specificNdeterminate
thin! as stated in the wi""
,& Institution of heir ) institution to an a"iquot portion of
the estate as stated in the wi""
'"" thin!s and ri!hts which are within the commerce of man
may be bequeathed or devised
It is NO* required that the thin! be"on! to the testator
*o be within the commerce of man the thin! shou"d be0
%& susceptib"e of appropriation or of bein! subDected to
property ri!hts of natura" or Duridica" persons
,& transmissib"e from one person to another such that
they may be disposed of as formin! part of oneGs
patrimony
*he fo""owin! are outside the commerce of man0
%& common thin!s +e$!$ air "i!ht&
,& property of pub"ic ownership pub"ic use or owned by
the State
1& res nullius be"on!in! to no one
4& those which are ina"ienab"e +e$!$ sacred and re"i!ious
thin!s&
;& those formin! part of edifices and which cannot be
separated from them without bein! destroyed
II* Art* @86A@8=
Who is char!ed with the burden of "e!acies and devisesQ
%& Kenera" /u"e0 the estate
E#ecutor ) identified and stated in the wi"" to
e#ecute its provisions
'dministrator ) Dudicia""y appointed in the
absence of an e#press desi!nation of an
e#ecutor in a wi"" or in case of intestacy
,& <owever the testator may impose the burden on a
testamentary heir or a "e!atee or devisee +sub@
"e!acyNdevise&
SubDect to the fo""owin! ru"es0
a& compu"sory heir ) sha"" not be "iab"e for the
char!e beyond the amount of the free
portion !iven them
b& primary "e!atees and devisees ) sha"" be
"iab"e for the char!e on"y to the e#tent of the
va"ue of the "e!acy or devise they received
this is a 2ind of moda" institution
When the testator char!es on the heirs with a "e!acy or
devise he a"one sha"" be bound$ Shou"d he not char!e
anyone in particu"ar a"" sha"" be "iab"e in the same
proportion in which they may inherit
Sub@"e!acies or sub@devises0 a "e!acy or devise made to a
1
rd
person of a thin! be"on!in! to an heir "e!atee or
devisee
*o"entino0 sub@devises and "e!acies are I'LI3 on"y0
%& if the testator ma2es an e#press char!e on the heir
"e!atee or devisee
,& if the testator orders that the thin! be acquired by his
estate and de"ivered to the 1
rd
party beneficiary
NO*E0 If the testator did not 2now that the thin! be"on!ed
to his heir devisee or "e!atee the disposition of such thin!
to a 1
rd
person is IOI3
III* Art* @8>
If two or more heirs ta2e possession of the estate they
sha"" be so"idari"y "iab"e for the "oss or destruction of a thin!
devised or bequeathed even thou!h on"y one of them
shou"d have been ne!"i!ent
IV* Art* @85
Who is "iab"e in case of eviction and other warranties +e$!$
hidden encumbrances or defects&
%& Kenera" /u"e ) the estate
,& *he heir devisee or "e!atee char!ed
NO*E0 *his app"ies ONLJ if the "e!acy or devise is
KENE/IC
V* Art* @8@
Kenera" /u"e0 conveys on"y the interest or part owned by
the testator +this app"ies whether or not the testator 2new
that the thin! was part"y owned by a stran!er&
E#ception0 when the testator EE./ESSLJ dec"ares that he
bequeaths the thin! as a who"e in the wi"" itse"f +NO*E0 the
testator must have a 2now"ed!e that heGs bequeathin!
property part"y be"on!in! to a stran!er O/ this shou"d be
proved by competent evidence&
Effect of .artition +by *o"entino&0
*he same ru"e app"ies
<owever if the property is indivisib"e and the thin! is
adDudicated to on"y one and the others are
reimbursed0
%& if the property is adDudicated to the testator heir
devisee or "e!atee0
a& if on"y a part is bequeathed ) on"y that part
b& if the who"e property is bequeathed ) the
who"e property
,& if the property is adDudicated to a 1
rd
person0
a& if on"y a part is bequeathed ) that part is
revo2ed under 'rt$ 7;:
b) if the who"e property is bequeathed ) annu"s
the "e!acy or devise ONLJ of the part
be"on!in! to the testator but the part
correspondin! to the 1
rd
person remains
effective
VI* Art* @9BA@972 R'les when the lega!yCde(ise is a
SPE&I-I& and 1E"ER#INA"E thing belonging to
another
'& If the testator erroneous"y be"ieved that the thin! be"on!ed
to him ) LN3 is IOI3
EECE.* if subsequent to the ma2in! o the
disposition the thin! is acquired by the testator the
disposition is va"idated
?& If the testator O/3E/E3 the acquisition of the thin! ) the
order shou"d be comp"ied with9 if the owner is unwi""in! to
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CIVIL LAW REVIEWER
part with the thin! the LN3 shou"d be !iven the monetary
equiva"ent
3ifference with +'&0 it is presupposed in this case that
the testator 2new that the thin! was not his
Who wi"" acquire the propertyQ
%& Kenera" /u"e0 the e#ecutor or administrator
,& *hat particu"ar heir "e!atee or devisee se"ected
by the testator
C& If the testator 2new that the thin! did not be"on! to him but
did not order its acquisition ) the Code is si"ent on this but
commentators ho"d the ru"es on +'& shou"d app"y$
VII* Art* @98A@992 R'les when the LC1 of a thing already
belongs to the legateeCde(isee
*he ru"es in this case app"y whether or not the testator
2new that the thin! be"on!s to the "e!atee or devisee
'& If the thin! a"ready be"on!ed to the LN3 at the time of
the e#ecution of the wi"" ) the LN3 is void even
thou!h0
%& another person has an interest in the property
,& the property is subsequent"y a"ienated by him
NO*E0 if the testator e#press"y orders that the thin!
be freed from such interest or encumbrance the
"e!acy or devise sha"" be va"id to that e#tent
?& If the thin! was owned by another person at the time
of the ma2in! of the wi"" and acquired thereafter by the
"e!ateeNdevisee0
%& If the testator erroneous"y be"ieved that it
be"on!ed to him ) IOI3
EECE.* if subsequent to the ma2in! o the
disposition the thin! is acquired by the
testator the disposition is va"idated
,& If the testator was not in error0
a& if the thin! was acquired onerous"y ) entit"ed
to reimbursement
b& if the thin! was acquired !ratuitous"y )
nothin! more is due
c& if the thin! was owned by the testator and
acquired thereafter by the LN30
i$ ?a"ane ) LN3 deemed revo2ed
ii$ *o"entino ) no intention to revo2e
+?U* if the testator has not
a"ienated the thin! direct"y to the
LN3 but to a 1
rd
person and the
former Dust acquired it from the
"atter there is an intention to
revo2e&
*he moment to be considered in the ru"es is the date of the
e#ecution of the wi"" +e!ept when the thin! is a"ienated by
the LN3 to the testator himse"f and the "atter continues in
possession unti" death&
*o"entino0 in part ownership of a thin! that which be"on!s
to the LN3 is a"ways IOI3$ With respect to the other part
'rts$ 7,7718 and 71% app"y$
VIII* Art* @9<
Kenera" /u"e0 when the thin! bequeathed has been !iven
as security for a recoverab"e debt the "e!atee or devisee
shou"d receive it free from the encumbrance +subDect tot he
e#press wi"" of the testator&
*he "aw refers to 'LL 2inds of security for the payment of
debts
'"" other burdens or encumbrances +e$!$ usufruct
pensions& which do not constitute a !uaranty for the
payment of demandab"e debts passes with the property to
the LN3
I:* Art* @96A@9=
'& Le!acy of Credit
When the testator bequeaths to another a credit
a!ainst a 1
rd
person
, ways0
%& co""ectin! the credit and de"iverin! the proceeds
to the "e!atee
,& assi!nin! a"" the actions in the credit +but NO
warranty of its e#istence&
*he "e!acy of the thin! !iven as security is a
remission of the !uaranty on"y but not the principa"
ob"i!ation
?& Le!acy of Waiver of Credit
' remission of the debt +hence the credit is inc"uded in
the assets of the estate and is subDect to the ru"es on
inofficious donations&
Not to be confused with an ac2now"ed!ement that the
debt has been paid
, 2inds0
%& specific ) on"y the debt specifica""y mentioned is
remitted
,& !eneric ) on"y those e#istin! at the time the wi""
was made is remitted but not those
subsequent"y contracted
NO*E0 if the tota" debts e#ceed the free portion the
ru"es on app"ication of payments shou"d be app"ied
If payment is made with 2now"ed!e of the "e!acy it
amounts to renunciation
C& .rovisions Common to both "e!acies
*he "e!acy sha"" comprise a"" interests on the credit or
debt which may be due the testator '* *<E *I(E OB
<IS 3E'*<
*he "e!acy sha"" be revo2ed if the testator after the
wi"" has been made brin!s a Dudicia" action for the
recovery of the credit or debt +UNLESS provided
otherwise by the testator&
:* Art* @952 LC1 to a !reditor
Kenera" /u"e0 wi"" be treated "i2e any other LN3 and wi""
NO* be imputed to the debt +no chan!e of creditor@debtor
re"ationship&
E#ception0 wi"" be imputed to the debt if the testator so
provides and if the debt e#ceeds the LN3 the e#cess may
be demanded
Of course it wi"" be better for the creditor to renounce the
LN3 and fi"e a c"aim for her credit
If the testatorGs debt is secured by p"ed!e or mort!a!e and
he e#press"y bequeaths the thin! p"ed!ed or mort!a!ed as
payment of his debt such wi"" constitute dacion en pa!o
When the testator does not e#press"y state that he "eaves a
"e!acy to the creditor but mere"y directs a payment of a
debt there is NO LEK'CJ in favor of the creditor
:I* Art* @9@2 "estamentary instr'!tion to pay a debt
*his is not a disposition but mere"y a direction to dischar!e
a civi" ob"i!ation
/u"es0
%& instruction to pay a non@e#istin! debt ) considered as
NO* written
,& instruction to pay more than what is due ) effective
on"y to what is due
*he ru"es are subDect to the fo""owin! qua"ifications0
%& if the testator rea""y intended to !ive a true LN3
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CIVIL LAW REVIEWER
,& if the ob"i!ation is N'*U/'L and it is paid accordin!
to the order of the testator in his wi"" that which has
been paid can no "on!er be recovered
:II* Art* @<B
3efinition0 one which provides that amon! severa" thin!s
mentioned on"y one is to be !iven
/u"es0
%& the LN3 is comp"ied with by de"iverin! one of the thin!s
desi!nated
,& if one a"ternative cannot be de"ivered the other must
of necessity be !iven
1& if it is not possib"e to de"iver any +e$!$ "oss thin! is not
e#istin! in the estate& the LN3 is inoperative
NO*E0 .rovisions on a"ternative ob"i!ations app"y
supp"etori"y$
/i!ht of choice0 +UNLESS the testator so provides&
%& the e#ecutor or administrator
with the courtGs approva"
if she dies the ri!ht is transmitted to the
successor
,& a particu"ar heir "e!atee or devisee char!ed
if she dies the ri!ht is transmitted to her heirs
NO*E0 once a choice is made it is I//EIOC'?LE
?efore a se"ection is made there is in effect a LN3 of a
!eneric obDect hence the ru"es on such wi"" app"y
:III* Art* @<7A@<9
/u"es on va"idity0
%& Keneric Le!acy
Ia"id even if no such movab"es e#ist in the
testatorGs estate upon his death9 the estate wi""
simp"y have to acquire what is !iven by "e!acy
,& Keneric 3evise
Ia"id on"y if there e#ists such an immovab"e in
the testatorGs estate at the time of his death
*he time considered is '* *<E (O(EN* OB
3E'*<
Certain ru"es0
%& in order to be considered !eneric the !enus or
species of the obDect shou"d be determined and the
quantity specified
,& if the "e!acy shou"d be 5one of my houses6 it is not
rea""y !eneric but an a"ternative LN3
1& when on"y one of the species mentioned is found in
the estate the LN3 is converted to a specific LN3
/i!ht of choice +once made it is I//EIOC'?LE&0
%& the e#ecutor or administrator
if she dies the ri!ht is transmitted to the
successor
,& "e!atee or devisee favored
if she dies the ri!ht is transmitted to the heirs
NO*E0 the choice is "imited to somethin! which is neither
superior nor inferior in qua"ity
:IV* Art* @<<A@<6
'& Le!acy for Education
Strict"y persona" and cannot be transmitted to the
heirs un"ess otherwise provided by the testator
3uration0
%& a!e of maDority9 or
,& comp"etion of a professiona" vocationa" or
!enera" course
provided the course is pursued di"i!ent"y
NO*E0 whichever comes "ater
'mount0
%& primari"y ) that fi#ed by the testator
,& secondari"y ) that which is proper as determined
by0
a& socia" standin! and circumstances of the
"e!atee
b& va"ue of the disposab"e portion of the estate
?& Le!acy for Support
Strict"y persona" and cannot be transmitted to the
heirs un"ess otherwise provided by the testator
3uration0 the "e!ateeGs "ifetime un"ess otherwise
provided by the testator
'mount0
%& primari"y ) that fi#ed by the testator
,& secondari"y ) that which the testator durin! his
"ifetimes used to !ive the "e!atee by way of
support un"ess ('/=E3LJ
3IS./O.O/*ION'*E to the va"ue of the
disposab"e portion
1& tertiari"y ) that which is proper as determined by0
a& socia" standin! and circumstances of the
"e!atee
b& va"ue of the disposab"e portion of the estate
E#tin!uishment of support +app"ies a"so to education&0
%& death of "e!atee
,& reduced resources to the point where he cannot
!ive support without ne!"ectin! his or his fami"yGs
needs
1& "e!atee has improved his fortune that he no
"on!er needs a""owance
4& "e!atee has committed acts !ivin! rise to
disinheritance
;& "e!atee is a descendant brother or sister and
need for support is caused by bad conduct or
"ac2 of app"ication to wor2
NO*E0 these were omitted by the Bami"y Code
C& Le!acy of a .eriodic .ension
3emandabi"ity ) upon the testatorGs death and the
succeedin! ones at the be!innin! of the period
without duty to reimburse shou"d the "e!atee die
before the "apse of the period
?ut note that the debts shou"d be paid first +un"ess the
"e!atee fi"es a bond&$ <owever shou"d the "e!acy
prove not inofficious the date of effectivity retroacts to
the decedentGs death
:V* Art* @<=
If the thin! bequeathed shou"d be subDect to a usufruct the
"e!atee or devisee sha"" respect such ri!ht unti" it is "e!a""y
e#tin!uished
:VI* Art* @<>A@<@2 1emandability, Ownership and -r'its
of LC1
'& 3emandabi"ity0
%& .ure
a& and determinate ) upon the testatorGs death
b& and !eneric ) upon the testatorGs death
,& with suspensive term ) upon arriva" of the term
1& conditiona" +suspensive& ) upon the happenin! of the
condition
?& When ownership vests0
%& .ure
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CIVIL LAW REVIEWER
b& and !eneric0
i$ if from the testatorGs estate ) upon the
testatorGs death
ii$ if from a 1
rd
person ) upon acquisition
,& with suspensive term ) upon arriva" of the term but the
ri!ht to it vests upon the testatorGs
death
1& conditiona" +suspensive& ) upon the testatorGs death if
the condition is fu"fi""ed +retroacts&
NO*E0 the owner bears the improvements and
deteriorations +?U* if the "oss is imputab"e to the person
ob"i!ed to de"iver the "atter is "iab"e for the "oss&
C& Bruits +inc"udes unborn offsprin! and unco""ected UN3UE
income&0
%& .ure
b& and !eneric ) upon determination un"ess the
testator provides otherwise
,& with suspensive term ) upon arriva" of the term
1& conditiona" +suspensive& ) upon the happenin! of the
condition un"ess the testator
provides otherwise
:VII* Art* @6B
If the estate shou"d not be sufficient to cover a"" the
"e!acies or devises their payment sha"" be made in the
fo""owin! order0
%& /emuneratory "e!acies or devises
,& Le!acies or devises dec"ared by the testator to be
preferentia"
1& Le!acies for support
4& Le!acies for education
;& Le!acies or devises of a specific determinate thin!
which forms a part of the estate +must be who""y
owned by the testator&
A& '"" others pro rata
*hose first in order of payment must be paid in fu"" and if
nothin! remains for those fo""owin! then these are
rendered inoperative for "ac2 of sufficient property
's distin!uished from 7%%0
Instances when 7;8 wi"" arise0
%& tota" estate cannot cover the tota" LN3 even when
there are no debts a!ainst the estate ) app"y 7;8
,& !ross estate wou"d have been sufficient but becomes
insufficient due to payment of debts and e#penses0
a& testator provided for payment ) app"y 7;8
b& testator has NO* provided for payment ) the LN3
wi"" be first reduced proportionate"y +e#cept
specific LN3 in accordance with the testatorGs
wi""& thereafter 7;8 app"ies
:VIII* Art* @67
*he thin! bequeathed sha"" be de"ivered upon the testatorGs
death0
%& with a"" its accessories
a"" those thin!s which are necessary for the thin!
the accessory however must be such with
respect tot he principa" thin!
,& with a"" its accessions
that produced by the thin! or which is
incorporated or attached thereto either natura""y
or artificia""y
1& in the condition in which it may be
:I:* Art* @68
*he person ob"i!ed to de"iver the thin! must de"iver the
very thin! bequeathed and not Dust its va"ue +subDect to
a!reement between the parties&
Le!acies of money must be paid in cash even thou!h the
heir or the estate may not have any +hence property can be
so"d&
E#penses for de"ivery0
?orne by the estate
?ut these must be ne!essary e#penses +vo"untary
de"ivery&
If there is a "iti!ation the court wi"" determine who bears the
costs
::* Art* @69
*he "e!atee or devisee cannot ta2e possession of the thin!
bequeathed upon his own authority but sha"" request its
de"ivery and possession
::I* Art* @6<A@662 R'les on A!!eptan!e and
Rep'diation of LC1
'& % LN30
Kenera" /u"e0 acceptance may be tota" or partia"
E#ception0 if the LN3 is part"y onerous and part"y !ratuitous
the recipient cannot accept the !ratuitous part and
renounce the onerous9 any other combination is permitted
If the LN3 dies before acceptin! or renouncin! his heirs
sha"" e#ercise such ri!ht as to their pro@indiviso share in
the same manner above
?& , LN3 to same recipient0
%& if both !ratuitous ) recipient may accept or renounce
either or both
,& if both onerous ) recipient may accept or renounce
either or both
1& if one !ratuitous and the other onerous ) recipient
cannot accept the !ratuitous and renounce the
onerous9 any other combination is permitted
NO*E0 ?ut if the testator intends them to be inseparab"e
?O*< must be accepted or renounced
C& LN3 to one who is a"so a compu"sory heir0 recipient may
accept either or both the LN3 and the "e!itime
3& /u"es '@C wi"" not app"y if the testator provides otherwise
::II* Art* @6=2 R'les in !ase of rep'diation by or
in!apa!ity of LC1 or when it be!omes ineffe!ti(e
%& .rimari"y ) substitution
,& Secondari"y ) accretion
1& *ertiari"y @ intestacy
::III* Art* @6>2 &a'ses for re(o!ation by operation of
law
'& *ransformation
A'thor @77 @6B
?a"ane 'pp"ies if reductions
have to be made
because the "e!itimes
have been impaired
'pp"ies if the reason for
the reduction is not the
impairment of "e!itimes
*o"entino 'pp"ies when there is
a conf"ict between
compu"sory heirs and
devisees and "e!atees
'pp"ies when the
question of reduction is
e#c"usive"y amon!
"e!atees and devisees
themse"ves
'+
CIVIL LAW REVIEWER
'pp"ies ONLJ to specific thin!s be"on!in! to the
testator
It must be ?O*< in +not mere incorporation&0
%& form ) e#terna" appearance of the obDect
,& denomination ) name by which it is 2nown by a""
accordin! to its nature and c"ass
?& '"ienation
It may be onerous or !ratuitous
It must be IOLUN*'/J
*he a"ienation revo2es the LN3 even if for any reason
the thin! reverts to the testator EECE.*0
%& if the reversion is caused by the annu"ment of the
a"ienation and the cause for annu"ment was
vitiation of consent on the !rantorGs part either by
reason of incapacity or of duress
,& if the reversion is by virtue of redemption in a
sa"e with pacto de retro
If the a"ienation is subDect to a suspensive condition
the mere fact of a"ienation does not revo2e the LN3 yet
unti" the condition arrives
If partia" it app"ies on"y to the a"ienated part
C& *ota" Loss
3& Other Causes0 nu""ity of the wi"" non@comp"iance with
suspensive conditions sa"e of thin! to pay debts of the
estate etc$
::IV* Art* @65
' mista2e as to the name of the thin! bequeathed or
devised is of no consequence if it is possib"e to identify the
thin! which the testator intended to bequeath or devise
+ta2e note of the ru"es in the !enera" provisions on wi""s0
paro" evidence is a""owed but ora" dec"arations of the
testator is not&
::V* Art* @6@
' disposition made in !enera" terms in favor of the
testatorGs re"atives sha"" be understood to be in favor of
those nearest in de!ree +UNLESS provided by the testator&
/efers to de!ree whether ascendin! descendin! or
co""atera"
/i!ht of representation does NO* e#ist in this institution
Limited to re"atives in the ;
th
de!ree
IN"ES"A"E S%&&ESSION
I* Preliminaries
Le!a" or intestate succession is that mode of transmission
mortis causa which ta2es p"ace in the absence of the
e#pressed wi"" of the decedent embodied in a testament
, fundamenta" characteristics0
%& "e!a" succession ) because it is succession conferred
by "aw
,& intestate succession ) because it ta2es p"ace on"y in
the absence of a wi""
II* Instan!es when legal or intestate s'!!ession
operates
'& If a person dies0
%& without a wi""
,& with a void wi""
1& wi"" which "oses its va"idity +shou"d be 5efficacy6&
NO*E0 "e!a""y the resu"t is the same in each instance0
there is no wi""
?& When the wi""0
%& does not institute an heir
,& disposes of property partia""y +inc"udes cases where
the dispositions are void&
NO*E0 intestacy here may be tota" or partia"
C& In the fo""owin! instances0
%& the SUS.ENSIIE condition attached to the institution
of heir does not happen
,& predecease
1& repudiation
NO*E0 ?ut intestacy wi"" NO* happen if there is0
a& substitution
b& ri!ht of accretion
3& Incapacity of the heir instituted0
%& %8,: ) re"ative incapacity
,& %8,F ) donations
1& %81, ) unworthiness
NO*E0 ?ut intestacy wi"" NO* happen if there is0
a& substitution
b& ri!ht of accretion
E& Other causes of intestacy0
%& happenin! of a reso"utory condition
,& e#piration of a reso"utory term
1& Snon@comp"iance or impossibi"ity of comp"yin! with the
testatorGs wi""
4& preterition
NO*E0 it was the intention of the "e!is"ature to embrace
within the provisions of 'rt$ 7A8 a"" the causes for intestate
or "e!a" succession
III* Art* @=7
In defau"t of testamentary heirs the "aw vests the
inheritance in accordance with the ru"es hereinafter set
forth0
%& in the "e!itimate and i""e!itimate re"atives of the
deceased
,& in the survivin! spouse
1& in the State
3isinheritance of intestate heirs0
%& tacit ) when a vo"untary heir is instituted thereby
e#c"udin! the intestate heir
,& e#press ) e#c"usion of intestate heir without institutin!
any heir
NO*E0 un"i2e the disinheritance of compu"sory heirs this
e#c"usion does NO* require any "e!a" cause but depends
so"e"y upon the wi"" of the testator
, notab"e features of an epress disinheritance of an
intestate heir0
%& the State cannot be e#c"uded by this method
,& e#c"usion of a person does NO* e#tend to his
descendants and successors un"ess the wi"" provides
for such e#tension
IV* ;asi! R'les of Intesta!y
'& *he ru"e of preference of "ines
*he 1 "ines of re"ationship are0
%& the descendin!
,& the ascendin!
1& the co""atera"
NO*E0 the descendin! e#c"udes the ascendin! and
co""atera" and the ascendin! e#c"udes the co""atera"
?& *he ru"e of pro#imity of de!ree
*he nearer e#c"ude the more remote
E#ceptions0
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CIVIL LAW REVIEWER
%& representation
,& preference amon! "ines
C& *he ru"e of equa"ity amon! re"atives of the same de!ree
/e"atives in the same de!ree sha"" inherit in equa"
shares
E#ceptions0
%& preference amon! "ines
,& distinction between "e!itimate and i""e!itimate
fi"iations
1& ru"e of division by "ine in the ascendin! "ine
4& distinction between who"e and ha"f@b"ood amon!
brothers and sisters as we"" as nephews and
nieces
;& representation
RELA"IONS+IP
I* Preliminaries
.ro#imity of re"ationship is determined by the number of
!enerations$ Each !eneration forms a de!ree
' series of de!rees forms a "ine which may either be0
%& direct ) that constituted by the series of de!rees
amon! ascendants and descendants
a& descendin! ) unites the head of the fami"y with
those who descend from him
b& ascendin! ) binds a person with those from
whom he descends
,& co""atera" ) that constituted by the series of de!rees
amon! persons who are not ascendants and
descendants but who come from a common ancestor
It is important to distin!uish0
%& descendin! and ascendin! +both direct& ) because
descendin! is preferred over the ascendin!
,& direct and co""atera" ) because the direct is preferred
over the co""atera"
II* &omp'tation of degrees
'& 3irect "ine
there is no "e!a" "imit to the number of de!rees for
entit"ement to intestate succession +e#cept human
morta"ity&
one !eneration - one de!ree
?& Co""atera" "ine
Computation of de!rees is important because
intestate succession e#tends ONLJ to the ;
th
de!ree
(ode of computation0
%& from one reference point ascend to nearest
common ancestor
,& then descend to the other reference point
1& number of !enerations comprisin! the ascent
and the descent is the de!ree of co""atera"
re"ationship
III* -'ll and +alfA;lood Relationships
3efinition0
%& Bu"" b"ood ) that e#istin! between persons who have
the same father and the same mother
,& <a"f b"ood ) that e#istin! between persons who have
the same father but the not the same mother or the
same mother but not the same father
Importance of distinction0 there is a ,0% ration with
reference to0
%& brothers and sisters
,& nephews and nieces
NO*E0 with respect to other co""atera" re"atives it is NO*
materia"
IV* Art* @=5
Contemp"ates a case where there are severa" re"atives of
the same de!ree and on"y one or more of them do not wish
to succeed
'ccretion in intestacy amon! heirs of the same de!ree
occurs in case of predecease incapacity or renunciation
subDect to the fo""owin! ru"es0
%& in case of predecease or incapacity representation if
proper wi"" prevent accretion
,& re"atives must be in the same 2ind of re"ationship )
this is because of the princip"e of preference of "ines in
intestate succession9 thus there can be no accretion
amon! a !randchi"d and a brother +even if both are in
the second de!ree& because they are not inheritin!
to!ether in the first p"ace
V* Art* @=@
.resupposes a case where the on"y nearest re"ative or
re"atives rep'diate the inheritance "eavin! none in the
same de!ree to succeed
Effect0 those of the nearest degree sha"" inherit in their
own ri!ht
In case there is predecease or incapacity by a"" in the same
de!ree the same ru"e app"ies +E#cept in cases where
representation is proper0 remember that descendants
a"ways inherit by ri!ht of representation&
RIG+" O- REPRESEN"A"ION
I* Preliminaries
3efinition0 /epresentation is a ri!ht created by fiction of
"aw by virtue of which the representative is raised to the
p"ace and the de!ree of the person represented and
acquires the ri!hts which the "atter wou"d have if the were
"ivin! or if he wou"d have inherited
*he provisions on ri!ht of representation must be strict"y
interpreted and app"ied
Instances when representation operates0
%& predecease
,& incapacity or unworthiness
1& disinheritance
NO*E0 representation NEIE/ operates in renunciation
In what 2inds of succession representation operates0
%& the "e!itime
,& intestacy
NO*E0 there is NO representation in testamentary
succession +its equiva"ent is 5substitution6&
II* R'les
In what "ine does representation obtain0
%& with respect to the "e!itime0 on"y in the direct
descendin! "ine
,& with respect to intestacy0
a& in the direct descendin! "ine
b& in ONE instance in the co""atera"0 nephews and
nieces representin! brothers and sisters of the
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CIVIL LAW REVIEWER
deceased +they (US* concur with unc"es and
aunts&
/epresentation of i""e!itimate chi"dren0
%& if the chi"d to be represented is "e!itimate ) on"y
"e!itimate descendants can represent him
,& if the chi"d to be represented is i""e!itimate ) ?O*<
"e!itimate and i""e!itimate descendants can represent
him
'n adopted can neither represent nor be represented
' person may represent him whose inheritance he has
renounced
*he representative receives on"y what the person
represented wou"d have received$ If there are more than
one representative in the same de!ree then divide the
portion equa""y without preDudice to the distinction between
"e!itimate and i""e!itimate chi"dren when app"icab"e
/u"es on qua"ification0
%& the representative must be qua"ified to succeed the
decedent
,& the representative need not be qua"ified to succeed
the decedent
/epresentation by !randchi"dren and nephewsNnieces0
%& if a"" the chi"dren are disqua"ified0 !randchi"dren sti""
inherit by representation
,& if a"" the brotherNsisters are disqua"ified0 the
nephewsNnieces inherit per capita
NO*E0 if on"y some not a"" chi"dren or brothersNsisters are
disqua"ified the ru"e is the same
Chi"dren and descendants a"ways inherit by ri!ht of
representation
OR1ER O- S%&&ESSION
I* R'les of E!l'sion and &on!'rren!e2
'& Le!itimate Chi"dren0
%& E#c"udes parents co""atera"s and State
,& Concur with survivin! spouse and i""e!itimate chi"dren
1& 're e#c"uded by no one
?& I""e!itimate Chi"dren0
%& E#c"udes i""e!itimate parents co""atera"s and State
,& Concur with survivin! spouse and "e!itimate chi"dren
and "e!itimate parents
1& 're e#c"uded by no one
C& Le!itimate .arents0
%& E#c"udes co""atera"s and State
,& Concur with survivin! spouse and i""e!itimate chi"dren
1& 're e#c"uded by "e!itimate chi"dren
3& I""e!itimate .arents0
%& E#c"udes co""atera"s and State
,& Concur with survivin! spouse
1& 're e#c"uded by "e!itimate chi"dren and i""e!itimate
chi"dren
E& Survivin! Spouse0
%& E#c"udes co""atera"s other than brothers sisters
nephews and nieces and State
,& Concur with "e!itimate chi"dren i""e!itimate chi"dren
"e!itimate parents i""e!itimate parents brothers
sisters nephews and nieces
1& Is e#c"uded by no one
B& ?rothers and Sisters Nephews and Nieces0
%& E#c"udes a"" other co""atera"s and State
,& Concur with survivin! spouse
1& 're e#c"uded by "e!itimate chi"dren i""e!itimate
chi"dren "e!itimate parents i""e!itimate parents
K& Other Co""atera"s0
%& E#c"udes co""atera"s in remoter de!rees and State
,& Concur with co""atera"s in the same de!ree
1& 're e#c"uded by "e!itimate chi"dren i""e!itimate
chi"dren "e!itimate parents i""e!itimate parents
survivin! spouse brothers sisters nephews and
nieces
<& State0
%& E#c"udes no one
,& Concurs with no one
1& Is e#c"uded by everyone
II* An O'tline in Intesta!y 3by DV4
%& Le!itimate chi"dren on"y
Entire estate equa" division
Sayson0 'dopted chi"d sha"" be deemed to be a
"e!itimate chi"d$ ?ut the re"ationship is on"y between
the adoptin! parent and the adopted chi"d
,& Le!itimate chi"dren and i""e!itimate chi"dren
Entire estate with each i""e!itimate chi"d !ettin! H of
what the "e!itime chi"d !ets
1& Le!itimate chi"dren and survivin! spouse
Entire estate divided equa""y +the spouse is deemed
one chi"d&9 the same ru"e ho"ds even if there is on"y
one "e!itimate chi"d
Santi""on0 5Chi"dren6 is interpreted to inc"ude a
situation where there is on"y % chi"d
4& Le!itimate chi"dren survivin! spouse and i""e!itimate
chi"dren
Entire estate spouse deemed % "e!itimate chi"d and
each i""e!itimate chi"d !ettin! H of what the "e!itimate
chi"d !ets
;& Le!itimate parents on"y
Entire estate divided equa""y
A& Le!itimate ascendants +not parents& on"y
Entire estate divided equa""y but with observance of
the ru"e of division by "ine
:& Le!itimate parents and i""e!itimate chi"dren
Le!itimate parents !et H of the estate9 i""e!itimate
chi"dren the other H
F& Le!itimate parents and survivin! spouse
Le!itimate parents !et H of the estate9 spouse !ets
the other H
7& Le!itimate parents survivin! spouse and i""e!itimate
chi"dren
Le!itimate parents !et H of the estate9 spouse and
the i""e!itimate chi"dren !et R each +the "atter to share
amon!st themse"ves of more than %&
%8& I""e!itimate chi"dren on"y
Entire estate divided equa""y
%%& I""e!itimate chi"dren and survivin! spouse
I""e!itimate chi"dren !et H of the estate the spouse
!ets the other H
%,& Survivin! spouse on"y
Entire estate
%1& Survivin! spouse and i""e!itimate parents
.arents !et H and the spouse !ets the other H
%4& Survivin! spouse and "e!itimate brothers and sisters
nephews and nieces
Spouse !ets H of the estate whi"e the rest !ets the
other H with the nephews and nieces inheritin! by
representation if proper
%;& Survivin! spouse and i""e!itimate brothers and sisters
nephews and nieces
'.
CIVIL LAW REVIEWER
Spouse !ets H of the estate whi"e the rest !ets the
other H with the nephews and nieces inheritin! by
representation if proper9 note that a"" the other
re"atives shou"d be 5i""e!itimate6 because of the
successiona" bar ru"e
%A& I""e!itimate parents on"y
Entire estate
%:& I""e!itimate parents and chi"dren of any 2ind
I""e!itimate parents do not inherit9 for the ru"e on the
chi"dren the ru"es above wi"" app"y
%F& Le!itimate brothers and sisters on"y
Entire estate with the fu"" b"ood and ha"f b"ood
distinction
%7& Le!itimate brothers and sisters nephews and nieces
Entire estate but observe the ,0% ratio for fu"" and ha"f
b"ood re"ationships with respect to the brothers and
sisters with the nephews and nieces inheritin! by
representation if proper
,8& Nephews and nieces on"y
Entire estate per capita but observe the ,0% ratio
,%& Other co""atera"s
Entire estate per capita with observance of basic
ru"es
,,& State
*he who"e estate
'ssi!nment and disposition of the decedentGs assets0
a& if the decedent is a resident of the .hi"ippines at
any time0
ii$ persona" property ) to the municipa"ity
of "ast residence
iii$ rea" property ) where situated
b& if the decedent was never a resident of the
.hi"ippines0
.ersona" and rea" property wi"" be !iven to
where such is "ocated
<ow property is to be used0
a& for the benefit of pub"ic educationa" and
charitab"e institutions in the respective
municipa"itiesNcities
b& a"ternative"y at the instance of an interested
party or motu propio the court may order the
creation of a permanent trust for the benefit of
the institutions concerned
In order that the State may ta2e possession of the
property the /u"es on Escheat in the /u"es of Court
must be fo""owed
If a person "e!a""y entit"ed to the estate of the
deceased appears and fi"es a c"aim thereto with the
court within 6 years from the date the property was
de"ivered to the State such person sha"" be entit"ed to
the possession of the same or if so"d the municipa"ity
or city sha"" be accountab"e to him for such part of the
proceeds as may not have been "awfu""y spent
III* S'!!essional ;ar R'le
'n i""e!itimate chi"d has no ri!ht to inherit ab intestato from
the "e!itimate chi"dren and re"atives of his father or mother9
nor sha"" such chi"dren or re"atives inherit in the same
manner from the i""e!itimate chi"d
Corpus0 *here is no reciproca" succession between
"e!itimate and i""e!itimate re"atives$
Leonardo0 'n i""e!itimate chi"d has no ri!ht to inherit ab
intestato from the "e!itimate chi"dren and re"atives of his
father
3iaC0 It is c"ear from 'rt$ 77, that the phrase 5"e!itimateP
re"atives of his father or mother6 inc"udes a"" the 2indred of
the person spo2en of
IV* R'les in partial intesta!y2
%& the "aw of "e!itimes must be brou!ht into operation in
partia" intestacy because the testamentary dispositions can
affect on"y the disposab"e portion but never the "e!itimes
,& if amon! the concurrin! intestate heirs there are
compu"sory heirs whose "e!a" or intestate portions e#ceed
their respective "e!itimes then the amount of the
testamentary disposition must be deducted from the
disposab"e portion to be borne by a"" the intestate heirs in
the proportions that they are entit"ed to receive from such
disposab"e portion as intestate heirs
1& if the "e!a" or intestate share of a compu"sory heir is equa"
to his "e!itime then the amount of the testamentary
disposition must be deducted on"y from the "e!a" or
intestate shares of the others in the proportion stated
above
4& if the testamentary dispositions consume the entire
disposab"e portion then the intestate heirs who are
compu"sory heirs wi"" !et on"y their "e!itimes and those
who are not compu"sory heirs wi"" !et nothin!$
V* +ide and See)2 A g'ide in partial intesta!y
%& Le!itimate chi"dren and i""e!itimate chi"dren
Bree portion went to a"" of them
,& Le!itimate chi"dren and survivin! spouse
Bree portion went to a"" of them9 if there is on"y one
"e!itimate chi"d the free portion went to the spouse
1& Le!itimate chi"dren survivin! spouse and i""e!itimate
chi"dren
Kenera""y free portion went to a"" of them
4& Le!itimate parents and i""e!itimate chi"dren
Bree portion went to the i""e!itimate chi"dren
;& Le!itimate parents and survivin! spouse
Bree portion went to the survivin! spouse
A& Le!itimate parents survivin! spouse and i""e!itimate
chi"dren
Bree portion went to the survivin! spouse
:& I""e!itimate chi"dren and survivin! spouse
F& Survivin! spouse and i""e!itimate parents
7& Survivin! spouse and "e!itimate brothers and sisters
nephews and nieces
Bree portion went to the "e!itimate brothers and
sisters nephews and nieces e!ept if the marria!e
was in articu"o mortis
%8& Survivin! spouse and i""e!itimate brothers and sisters
nephews and nieces
Same ru"es as above9 note that a"" the other re"atives
shou"d be 5i""e!itimate6 because of the successiona"
bar ru"e
%%& Le!itimate brothers and sisters nephews and nieces
%,& Nephews and nieces on"y
%1& Other co""atera"s
'/
CIVIL LAW REVIEWER
A&&RE"ION
I* Preliminaries
'ccretion is a ri!ht by virtue of which when two or more
persons are ca""ed to the same inheritance devise or
"e!acy the part assi!ned to the one who renounces or
cannot receive his share or who died before the testator is
added or incorporated to that of his co@heirs co@devises or
co@"e!atees
*he testator can e#press"y provide that there sha"" be no
accretion amon! persons who wou"d otherwise be entit"ed
thereto
Converse"y the testator may va"id"y provide for accretion in
a case where no accretion wou"d ta2e p"ace under the
provisions of the "aw
*he repudiation of accretion is permissib"e
*here can be accretion ONLJ when there is no
representation
Occasions for the operation of accretion0
%& renunciation
,& predecease
1& incapacity
II* Elements of A!!retion
%& *wo or more persons +severa" subDects& are ca""ed to the
same inheritance or to the same portion thereof pro
indiviso +sin!"e obDect&
(eanin! of pro indiviso0
a& either the co@heirs are instituted without individua"
desi!nation of shares
b& the co@heirs are instituted with the specification
that they share equa""y +in equa" shares& or that
they have the same fractiona" sharin! for each
c& wi"" accretion occur if the fractiona" sharin!s of
the co@heirs are unequa"Q
*o"entino0 NO
?a"ane0 JES
>I0 if it refers to the estate as a who"e
accretion app"ies9 if actua" property there is
no accretion
It must be in the same wi"" and under the same
testamentary disposition without the testator ma2in! a
distribution of shares amon! them or fi#in! a quota or
amount for each heir by desi!nations which ma2e
each one the owner of a separate mass of property
*he reso"ution of the question wi"" a"ways depend
upon the "an!ua!e of the wi"" and the interpretation
which may be p"aced thereon by the courts
In case of money or fun!ib"e !oods if the share of
each heir is not earmar2ed there sha"" be a ri!ht of
accretion
,& Iacancy of Share
/enunciation predecease or incapacity of one +or
more but "ess than a""& of the instituted heirs
*o"entinoGs other causes which may !ive rise to
accretion in testamentary succession0
a& non@fu"fi""ment of a suspensive condition imposed
upon the heir instituted
b& absence of the heir "on! enou!h to dec"are him
presumptive"y dead
c& inefficacy or nu""ity of the testamentary
disposition +e$!$ error in the name surname or
characteristics of the heir concur with the fact
that the person cannot otherwise be identified&
NO*E0 In testamentary succession accretion is subordinate to
substitution if the testator has so provided$ *his is because
substitution is the testatorGs e#press intent whereas accretion is
mere"y his imp"ied intent$ If there is neither substitution nor
accretion the part "eft vacant wi"" "apse into intestacy
III* A!!retion in Intesta!y
%& in repudiation or renunciation
,& in predecease on"y if representation does not ta2e p"ace
+*o"entino0 there is no accretion here&
1& in incapacity or unworthiness on"y if representation does
not ta2e p"ace
NO*E0 accretion rea""y app"ies to testamentary dispositions on"y$
?ut the "aw says it is a"so app"icab"e to intestacy
IV* Pro(isions with regard to heirs
*he heirs to whom the portion !oes by the ri!ht of
accretion ta2e it in the same proportion that they inherit
*he heirs to whom the inheritance accrues sha"" succeed to
a"" the ri!hts and ob"i!ations which the heir who renounced
or cou"d not receive it wou"d have had EECE.*0
%& in testamentary succession if the testator provides
otherwise
,& if the ob"i!ation is pure"y persona" and hence
intransmissib"e
'mon! the compu"sory heirs the ri!ht of accretion sha""
ta2e p"ace on"y when the free portion is "eft to two or more
of them or to any one of them and to a stran!er
NO accretion in "e!itime0 shou"d the part repudiated be the
"e!itime the other co@heirs sha"" succeed to it in their own
ri!ht and not by the ri!ht of accretion
&APA&I"$ "O S%&&EE1
I* Preliminaries
*hese provisions app"y to ?O*< testate and intestate
*he nationa"ity of the decedent !overns with re!ard to
capacity to succeed$
*he critica" time to consider is the (O(EN* OB 3E'*<
but subDect to the fo""owin! N%AN&ES0
%& In !rounds , 1 and ; of unworthiness it is necessary
to wait unti" fina" Dud!ment
,& If the institution is conditiona" the time of the
!omplian!e with the !ondition sha"" a"so be
considered +there must be capacity to succeed durin!
that time&
.rescriptive period is ; years from the time the disqua"ified
person too2 possession for0
%& 'n action for a dec"aration of incapacity9 and
,& Bor the recovery of the inheritance devise or "e!acy
NO*E0 it may be brou!ht by any one who may have an
interest in the succession
'cceptance0
Consummation of succession
(anifestation of the heir to ma2e his own the
property ri!hts and ob"i!ations transmitted to him
In "e!acies and devises you cannot accept those
which are beneficia" and reDect the onerous
*he acceptance retroacts to the moment of death
II* ,ho are !apa!itatedE
'0
CIVIL LAW REVIEWER
%& Kenera" civi" capacity
a& Natura" persons
i$ (ust be
"ivin! at the moment of succession +.arish
.riest& e#cept in case of representation
when it is proper
ii$ ' chi"d
a"ready conceived provided it be born "ater
b& >udicia" persons
Entities !iven "e!a" persona"ities
(ust a"so be 5"ivin!6 ) invested by "aw or
charter with a Duridica" persona"ity
%8,A +Enab"in! C"ause&0 ' testamentary
disposition may be made to the State
provinces municipa" corporations private
corporations or!aniCations or associations
+NO*E0 *he "aw a""ows associations to
succeed even thou!h they do not have
Duridica" persona"ities&
NO*E0 *he basis of capacity is Duridica" persona"ity or
capacity +the fitness to be the subDect of Duridica"
re"ations& which may be brou!ht about either by death
+natura"& or reco!nition +Duridica"& '* *<E (O(EN* of
death of the decedent +but ta2e note of the nuances&$
,& Not incapacitated by "aw
a4 %nworthiness 37B984
i$ Cases of0
'bandonment of chi"d +broad
view&
Inducement to "ead a corrupt "ife
+there must be an e"ement of
permanence and habitua"ity&
'ttempt on the chi"dGs virtue +that
wou"d amount to rape acts of
"asciviousness or seduction&9 >I0 an
attempt on the !randdau!hter is an
attempt on the mother
ii$ 'ttempt
on "ife of the testator spouse descendant or
ascendant
'ttempt here is satisfied as "on!
as there is an intent to 2i""
*here must be a BIN'L conviction
iii$ Ba"se
accusation
*here must be an accusation
It was Dudicia""y dec"ared as fa"se
and there was an a!/'ittal
*he offense char!ed is punishab"e
by A years or more
iv$ Iio"ent
death +doesnGt app"y un"ess there is a "aw&
v$ 'du"tery
or concubina!e with the testatorFs spo'se
*here must be a fina" conviction
vi$ 'cts
re"atin! to a wi""0
Causin! the testator to ma2e a wi""
+must be accompanied by vitiatin!
factors&
Causin! the testator to chan!e a
wi"" +must be accompanied by vitiatin!
factors&
.reventin! the decedent to ma2e
a wi"" +must be accompanied by
vitiatin! factors&
.reventin! the testator to revo2e a
wi"" +must be accompanied by vitiatin!
factors&
Supp"antin! concea"in! or a"terin!
a wi""
Ba"sifyin! or for!in! a wi""
NO*E0 *his is based on mora"ity$ It app"ies to
?O*< testate and intestate and inc"udes
legitimes
.'/3ON +app"ies on"y in unworthiness&0 may
either be0
i$ E#pr
ess @ written
ii$ Imp"i
ed ) e"ements0
E#ecution of the offended party in the wi"" of

the offenderGs name
*here must be 2now"ed!e of the

unworthiness
*he e#ecution must be 'B*E/ the act of

unworthiness was done
b4 1is/'alifi!ation by in!apa!ity
37B8>4
i$ .riest of
minister
Limited to the conte#t of re"i!ion
>I0 it doesnGt inc"ude (i2e Ie"arde
and E" Shaddai
*he i""ness referred to must be the
one in which the testator died off
+e#cept0 when the i"" person met an
accident&
ii$ /e"ative
up to 4
th
civi" de!ree O/ sect
iii$ Kuardian
s
/efers to both !uardians of
persons or property
'pp"ied unti" the !uardianship
endures
iv$ 'ttestin!
or testamentary witness and their spouse
parents or chi"dren
E#cept when there are 1 other
witnesses
v$ .hysician
sur!eon nurse hea"th officer or dru!!ist
Inc"udes i""e!a" practitioners
(ust be the one who too) !are of
the decedent
vi$ Individua"
s associations and corporations NO*
permitted by "aw
*his is the on"y one that app"ies to
?O*< types of succession$
)(
CIVIL LAW REVIEWER
NO*E0 *his is based on pub"ic po"icy$ In these
cases there is a conc"usive presumption of
undue inf"uence
!4 On donations 37B854
i$ *estator
was !ui"ty of adu"tery or concubina!e at the
time of ma2in! the wi""
Needs on"y a preponderance of
evidence not a fina" conviction
ii$ In
consideration of a crime of which both the
testator and the beneficiary have been
found !ui"ty
*here must be a fina" conviction
E"ements0
a& both must be convicted
b& the donation must be in
!onsideration of the crime
iii$ (ade in
favor of a pub"ic officer or his spouse
descendants and ascendants by reason of
his pub"ic office
NO*E0 *his is based on mora"ity$
d4 Anything pres!ribed by
!harter 3in !ase of !orporations4 or by law
III$ .rohibition on Interposition
Interposition may be made in 1 ways0
%& by the institution of a person who has capacity with a
verba" char!e or direction to de"iver the inheritance to
the incapacitated person
,& by dis!uisin! the disposition in the form of a contract
1& by simu"atin! debts in favor of the incapacitated
person
*he prohibited interposition must a"ways be ./OIE3
*his app"ies on"y to incapacity under %8,: and the
prohibition on donations under %8,F +ta2e note of the
persons disqua"ified in those cases&
II$ Other re"ated provisions0
,& /epresentation is present in unworthiness
E#tent of representation ) e#tends not on"y
to the "e!itime but a"so to whatever portion in
intestate succession the person represented may
have been entit"ed to
*he person so e#c"uded sha"" NO* enDoy the
usufruct and administration of the property thus
inherited by his chi"dren
1& '"ienations of hereditary property and acts of
administration performed by the e#c"uded heir before
the 0'di!ial order of e!l'sion are va"id as to 1
rd
persons who acted in !ood faith
*he va"idity of the a"ienation is determined
by the !ood faith or bad faith of the transferee not
of the e#c"uded heir +transferor&
E"ements of !ood faith of the transferee0
a) he must have acquired the thin!
for (al'e
b& without 2now"ed!e of the
transferorGs tit"e
In case of va"id
a"ienations by the disqua"ified heir the ri!htfu"
heirs are not without a remedy they may !o after
the disqua"ified heir for dama!es
<owever distin!uish
between a person who was NEIE/ an heir in
which case fo""ow the ru"es on sa"es
4& *he 'nworthy heir who is e#c"uded from the
succession has the fo""owin! ri!hts0
a& *o demand indemnity for any
e#penses incurred in the preservation of the
property
b& *o enforce such credits as he
may have a!ainst the estate
;& *he disqua"ified heir who too2 possession of the
hereditary property disre!ardin! the provision stated
in the precedin! artic"es sha""0
a& ?e ob"i!ated to return the
property with accessions
b& ?e "iab"e for fruits which were
received and cou"d have been received
A&&EP"AN&E AN1 REP%1IA"ION
I* 1efinitions
'cceptance ) the act by which the person ca""ed to
succeed by universa" tit"e either by the testator or by "aw
manifests his wi"" of ma2in! his own the universa"ity of the
ri!hts and ob"i!ations which are transmitted to him
/epudiation ) the manifestation by the heir of his desire
not to succeed to the said universa"ity
II* &hara!teristi!s
%& It is pure"y vo"untary and free
,& .'/*I'L acceptance or repudiation is permissib"e
1& Its effects sha"" a"ways retroact to the moment of the
decedentGs death
4& 'cceptance or repudiation with a term or condition is
prohibited
III* Re/'isites
%& the heir must be certain of the death of the person from
whom he is to inherit9 'N3
,& the heir must be certain of his ri!hts to the inheritance
IV* ,hoE
%& any person who has the capacity to act
,& as to minor or incapacitated persons0
a& by their parents or !uardians ) when the acceptance
is pure"y beneficia" to the minor or incapacitated
person
b& with court approva"
when it is subDect to a char!e or condition to be
performed by the beneficiary +*o"entino&
repudiation
1& 's to inheritance "eft to the poor0
a& the person desi!nated by the testator to determine the
beneficiaries can on"y accept not reDect the !rant
b) the persons se"ected as qua"ified recipients are for
their own part free to accept or renounce the benefit
4& 's to corporations associations institutions and entities
qua"ified to acquire property0
a& acceptance may be made by their "awfu"
representatives
b& repudiation must be with the approva" of the court
;& .ub"ic officia" estab"ishments can neither accept not
repudiate an inheritance without the approva" of the
!overnment +department head&
)*
CIVIL LAW REVIEWER
5pub"ic estab"ishment6 refers to or!aniCations which
have their own socia" and pub"ic purpose such as for
cu"ture beneficence and other simi"ar purposes
separate from the mere manifestations of the
!overnmenta" functions of the State
A& ' married person of a!e and not incapacitated for nay
reason may accept or renounce an inheritance without his
or her spouseGs consent
:& 's to deaf@mutes0
a& can read and write ) may accept or repudiate
persona""y or throu!h an a!ent
b& cannot read and write
!uardians may accept
but repudiation must be with Dudicia" approva"
V* .inds of A!!eptan!e
'& E#press
%& pub"ic document9 or
,& private document
?& *acit
One resu"tin! from acts by which the intention to
accept is necessari"y imp"ied O/ which one wou"d
have no ri!ht to do e#cept in the capacity of an heir
E#amp"es0
%& when the heir se""s donates or assi!ns his ri!ht
,& when the heir renounces his ri!ht for the benefit
of one or more heirs
1& when the renunciation is in favor of 'LL the co@
heirs but in proportions different from those in
which they wou"d receive by accretion
4& when the renunciation is in favor of a"" heirs
indiscriminate"y for CONSI3E/'*ION
;& when the heir demands partition of the
inheritance
A& when he a"ienates some obDects of the
inheritance
:& when he performs such "i2e acts which show the
c"ear intention to accept
'cts not constitutin! acceptance0
%& abso"ute repudiation0 repudiation without
consideration in favor of the persons to whom his
share wi"" pass in the absence of the heir
repudiatin!
,& acts which the heir has the ri!ht to perform even
without the character of an heir +acts of mere
preservation or provisiona" administration&
C& Imp"ied
Within 18 days after the court issued an order for the
distribution of the estate the heirs devisees and
"e!atees sha"" si!nify whether they accept or
repudiate9 fai"ure to do so within that time is deemed
an acceptance
VI* -orm of Ren'n!iation
%& pub"ic or authentic instrument
5authentic instrument6 refers to one whose
!enuineness is admitted or c"ear"y proved
,& petition fi"ed in the sett"ement proceedin!s
VII* A!!ion Pa'liana
*he ri!ht !iven to creditors to impu!n transactions of their
debtors which wi"" preDudice them
/equisites0
%& there must be a repudiation by the heir@debtor in "e!a"
form a repudiation va"id in "aw
,& that there must be credits e#istin! a!ainst the heir
who repudiates
1& that Dudicia" authoriCation must be obtained before the
creditors may accept for the debtor
4& that the act of repudiation pre0'di!es the c"aims of the
creditors
they must be creditors before the repudiation
the heir@debtor must have received somethin! from the
estate
the heir@debtor must not have other properties
*he ri!ht of the creditor to accept the inheritance in the
name of the debtor e#tends on"y to the amount or va"ue
necessary to satisfy the credit$ 'ny amount in e#cess of
that may be va"id"y renounced by the debtor@heir
VIII* Pro(isions with regard to heirs
If the heir shou"d die without havin! accepted or repudiated
the inheritance his ri!ht sha"" be transmitted to his heirs
+but the heirGs heir (US* have accepted his own
predecessorGs inheritance&
Shou"d there be severa" heirs ca""ed to the inheritance
some of them may accept and the others may repudiate it
When a person is ?O*< a testamentary heir 'N3 an
intestate heir with respect to the same inheritance0
%& if he renounces as testamentary heir ) he is deemed
to have renounced as intestate heir as we""
,& if he renounces as intestate heir WI*<OU*
=NOWLE3KE of his bein! a testamentary heir ) he is
NO* deemed to have renounced as testamentary heir
and may therefore accept or renounce separate"y in
the "atter capacity
?a"ane0 if with 2now"ed!e he can sti"" accept
NO*E0 *his ru"e does NO* app"y to the "e!itime
I:* Irre(o!ability of an a!!eptan!e or rep'diation
E#ceptions0
%& Iitiated consent
a& mista2e or error
must refer to the substance of the thin!
+re"ative who is a"ive but is mista2en for
another who has died& or the principa"
condition
the error0
i$ must not be due to the ne!"i!ence
of the heir
ii$ must be based on facts and
circumstances which the heir
cou"d not have 2nown
notwithstandin! due di"i!ence on
his part
iii$ must be distin!uished from errors
attributab"e to the heir who fai"s to
appraise e#act"y the amount of the
estate or who be"ievin! that he
wi"" win a "iti!ation "oses the same
and the "i2e
b& vio"ence
refers to e#terna" acts imposed upon the
heir
c& intimidation
wor2s interna""y upon the mind of the heir
forcin! him to accept or repudiate
d& undue inf"uence
)'
CIVIL LAW REVIEWER
e& fraud
must be practiced by a 1
rd
person
must be serious and consistin! of insidious
words or machinations
,& 'ppearance of an un2nown wi""
Where the wi"" institutes another person or when
it !rants additiona" "e!acies or revo2ed some
?ut it does NO* app"y when the un2nown wi""
on"y c"arifies a doubtfu" c"ause or modifies
insi!nificant detai"s or a previous one
1& Other Causes
'cceptance or repudiation by a person who is not
entit"ed to the inheritance
When the institution depends upon the fu"fi""ment
of a suspensive condition which is not rea"iCed
*he birth of a posthumous chi"d who is not born
or is born dead
&OLLA"ION
I* R'le on Inoffi!io's dispositions
*estamentary dispositions that impair or diminish the
"e!itime of the compu"sory heirs sha"" be reduced on
petition of the same insofar as they may be inofficious or
e#cessive
On"y compu"sory heirs whose "e!itimes are impaired may
brin! an action to reduce
*hose entit"ed to as2 for reduction of inofficious donations
cannot renounce their ri!ht durin! the "ifetime of the donor
II* Steps to determine the legitime
%& determination of the va"ue of the property which remains at
the time of the testatorGs death
determination of the va"ue of the property0
a& if there are Dudicia" proceedin!s ) administrator
assisted by ta# appraisers
b& if no Dudicia" proceedin!s ) the true va"ue NO*
the assessed va"ue
NO*E0 sentimenta" va"ue sha"" NO* be considered
,& determination of the ob"i!ations debts and char!es which
have to be paid out or deducted from the va"ue of the
property thus "eft
if the ob"i!ation is for the %
st
time created by
testamentary disposition it is NO* deductib"e
on"y ob"i!ations with monetary va"ue which are not
e#tin!uished by death are considered here
1& determination of the difference between the assets and the
"iabi"ities !ivin! rise to the net hereditary estate
4& the addition to the net va"ue thus found of the va"ue at the
time they were made of donations subDect to co""ation
inc"udes donations made to ?O*< compu"sory heirs
and stran!ers
, concepts of co""ation by *o"entino0
a& mere mathematica" operation by the addition of
the va"ue of the donations made by the testator
to the va"ue of the hereditary estate
b& the return to the hereditary estate of property
disposed of by "ucrative tit"e by the testator
durin! his "ifetime
specia" purpose of co""ation0 property donated may be
ta2en 5in the account of the partition6 and such va"ue
char!ed a!ainst the share of the compu"sory heir
donee in the "e!itime
co""ation shou"d ta2e p"ace ONLJ when there are
compu"sory heirs and their presence is determined at
the time of the testatorGs death NO* at the time the
donation was made
*he va"ue of the donations were subDect to co""ation is
determined as of the time when the donations were
made even thou!h their Dust va"ue may not then have
been assessed$
'ny increase or decrease of the thin! is for the
doneeGs account
*he true va"ue at the time of the donation must be
./OIE3 by competent evidence
'side from ordinary donations tacit or indirect
donations are inc"uded
;& determination of the amount of the "e!itimes by !ettin!
from the tota" thus found the portion that the "aw provides
as "e!itime of each compu"sory heir
III* R'les on !ollation and imp'tation
%& 3onations inter vivos to compu"sory heirs0
Imputed to the "e!itime +considered as an advance&
*he survivin! spouse is not inc"uded since donations
durin! marria!e between spouses is prohibited
E#ceptions +the donation in this case wi"" be treated as
if !iven to a stran!er&0
a& if the donor provided otherwise
b& the donation e#ceeds the "e!itime
c& the compu"sory heir0
i$ dies
ii$ is incapacitated
iii$ is disinherited
NO*E0 and there are NO descendants
d& amount !iven for the pursuit of vocationa"
professiona" or other careers
e& repudiation by the heir
f& testamentary dispositions
E#ception to the e#ception0 if the donation is
inofficious they wi"" be reduced
,& 3onations inter vivos to stran!ers +from the free portion&0
' stran!er is anyone who does not succeed as a
compu"sory heir
Necessari"y imputed to the disposab"e portion hence
if it e#ceeds the "atter then it wi"" have to be reduced
as inofficious
*here are NO e#ceptions
IV* Red'!tion of dispositions when the legitimes are
impaired
(ethod of reduction +'rt$ 7%%&0
%& reduce pro rata the non@preferred "e!acies and
devises and testamentary dispositions
,& reduce pro rata the preferred "e!acies and devises
+contra 7;8&
1& reduce the donations inter vivos accordin! to the
inverse order of their dates +if on the same date they
are reduced pro rata&
NO*E0 these reductions sha"" be to the e#tent required to
comp"ete the "e!itimes even if in the process the
disposition is reduced to nothin!
/econci"in! 7%% and 7;80
@77 @6B
Wi"" app"y if reductions
have to be made
because the "e!itimes
have been impaired
Wi"" app"y if the reason for
the reduction is NO* the
impairment of the "e!itimes
))
CIVIL LAW REVIEWER
In case there is a va"id a"ienation to a 1
rd
person and the
transfer cannot be rescinded then the donee is "iab"e for
the va"ue of the e#cess or inofficious part of the donation
In case the donee is inso"vent the amount to be returned
by the inso"vent must be borne and paid by those whose
donations are within the free portion
V* 1e(isesCLega!ies of 's'fr'!tClife
ann'itiesCpensions
*he va"ue of such is difficu"t to determine because it
depends upon the "en!th of "ife of the recipient
/u"es to fo""ow0
%& if upon bein! capita"iCed accordin! to actuaria"
standards the va"ue of the !rant e#ceeds the free
portion it has to be reduced because the "e!itime
cannot be impaired
,& the testator can impose no usufruct or any other
encumbrance on the part that passes as "e!itime
1& subDect to the two ru"es Dust stated the compu"sory
heirs may e"ect between cedin! to the deviseeN"e!atee
the free portion +or the proportiona" part thereof
correspondin! to the said "e!acyNdevise in case there
are other dispositions& or comp"yin! with the terms of
the usufruct or "ife annuity or pension
VI* 9 meanings of !ollation by ;alane
%& as computation ) a simp"e accountin! or arithmetica"
process whereby the va"ue of a"" donations inter vivos
made by the decedent is added to his avai"ab"e assets in
order to arrive at the va"ue of the net hereditary estate
,& as imputation ) the process by which donations inter vivos
made by the decedent are correspondin!"y char!ed either
to the doneeGs "e!itime or a!ainst the disposab"e portion
1& as return ) ta2es p"ace when a donation inter vivos is found
to be inofficious and so much of its va"ue as inofficious is
returned to the decedentGs estate to satisfy the "e!itimes
VII* R'le on testamentary dispositions to !omp'lsory
heirs
Kenera" /u"e0 they shou"d not be imputed to the "e!itime
but to the free portion9 hence the compu"sory heir receives
the testamentary disposition in addition to his "e!itime
E#ception0 if the testator provides otherwise in which case
the testamentary disposition wi"" be mer!ed with the
"e!itime
VIII* &ertain r'les on !ollation as imp'tation
'& Krandchi"dren inheritin! by representation concurrent"y
with chi"dren +unc"es and aunts of the !randchi"dren& who
are inheritin! in their own ri!ht9 the !randchi"dren have to
co""ate or impute0
%& whatever the parent whom they are representin!
wou"d have been ob"i!ed to co""ate
,& whatever they themse"ves have received from the
!randparent by !ratuitous tit"e
?& .arents are not ob"i!ed to brin! to co""ation in the
inheritance of their ascendants any property which may
have been donated by the "atter to their chi"dren
C& Neither sha"" donations to the spouse of the chi"d be
brou!ht to co""ation9 but if they have been !iven by the
parent to the spouses Doint"y the chi"d sha"" be ob"i!ed to
brin! to co""ation H of the thin! donated
3& In the co""ation of a donation made by both parents H sha""
be brou!ht to the inheritance of the father and the other
ha"f to that of the mother$ *hat !iven by one a"one sha"" be
brou!ht to co""ation in his or her inheritance
I:* ,hat wo'ld be !ollated
'& *he fo""owin! are tota""y NO* subDect to co""ation0
%& support
,& education +"imited to secondary instruction&
1& medica" attendance +even in e#traordinary i""ness&
4& apprenticeship
;& ordinary equipment
A& customary !ifts
?& E#penses for chi"dGs professiona" vocationa" or other
career0
Kenera" /u"e0 NO* char!ed a!ainst the recipientGs
"e!itime but a!ainst the free portion
UNLESS0 the parents provide otherwise in which case
it wi"" be char!ed a!ainst the "e!itime but the chi"d is
entit"ed to deduct from said amount the sum
correspondin! to what his parents wou"d have spent
on him had he stayed at home
C& Sums paid by a parent for the chi"d0
%& in satisfaction for the "atterGs debts
,& e"ection e#penses
1& fines
4& simi"ar e#penses
3& *he fo""owin! items !iven by ascendants to their
ascendants are e#empted from co""ation0
%& weddin! !ifts
,& Dewe"ry
1& c"othin! and outfit
NO*E0 <owever the presents shou"d not e#ceed %N%8 of
the sum disposab"e by wi""$ If it does e#ceed it wi"" be
imputed to the "e!itime if a compu"sory heir or otherwise as
inofficious it if e#ceeds %N%8 of the free portion if a stran!er
:* E/'ality of heirs
*here shou"d not on"y be equiva"ence in amount but as far
as possib"e the property shou"d be of the same nature
c"ass and qua"ity
In case no such equa"ity can be effected0
%& if immovab"e ) equiva"ent in case of securities9 or in its
absence so much of the other property sha"" be so"d
at pub"ic auction
,& if movab"e ) ri!ht to se"ect an equiva"ent of other
persona" property of the inheritance at its Dust price
?oth ru"es above wi"" yie"d to a contrary a!reement amon!
the heirs
:I* On fr'its and interests
It sha"" not pertain to the estate EECE.* from the day on
which the succession is opened
Standard of assessment0 fruits and interest of the property
of the estate of the same 2ind and qua"ity as that subDect to
co""ation
:II* R'les on epenses when the donee is obliged to
ret'rn
%& the donation is *O*'LLJ inofficious0
a& necessary e#penses ) fu"" e#tent reimbursement
b& usefu" e#penses ) fu"" e#tent provided it is sti"" in
e#istence
c& ornamenta" e#penses ) no reimbursement but ri!ht of
remova" !ranted if no inDury to the estate wi"" be
caused
,& the donation is .'/*LJ inofficious0
)+
CIVIL LAW REVIEWER
a& necessary e#penses ) reimbursement is partia" in
proportion to the va"ue to be returned
b& usefu" e#penses ) reimbursement is partia" in
proportion to the va"ue to be returned
c& ornamenta" e#penses ) no reimbursement but ri!ht of
remova" !ranted if no inDury to the estate wi"" be
caused9 un"ess the property is physica""y divided and
the ornament happens to be "ocated in the portion
assi!ned to him in which case he wi"" have a"" the
ri!hts of ownership
:III* Administration pro!eedings
Shou"d any question arise amon! the co@heirs upon the
ob"i!ation to brin! to co""ation or as to the thin!s which are
subDect to co""ation the distribution of the estate sha"" not
be interrupted for this reason provided adequate security
is !iven
PAR"I"ION AN1 1IS"RI;%"ION
I* Preliminaries
.artition ) separation division 'N3 assi!nment of a thin!
he"d in common amon! those to whom it may be"on!
Steps0
%& When there are , or more heirs the who"e estate of
the decedent is before partition owned in common by
such heirs
each heir is therefore a co@owner and may se""
her interest
,& <owever the debts and ob"i!ations of the deceased
must first be paid
1& When there are intestate or testamentary
proceedin!s there may be an O/3E/ OB
3IS*/I?U*ION before actua" partition is made
*he order of distribution !enera""y based on a
proDect of partition desi!nates the shares which
pertain to the heirs devisees or "e!atees
.artia" distribution may be made even before the
debts and e#penses have been paid if the
distributees !ive a bond or deposit
*he order of distribution is conc"usive upon a""
parties who have notice of the proceedin!s but
does NO* bind those who have no notice
4& .artition or the 'C*U'L division of the properties
.hysica" division of the property amon! the
beneficiaries accordin! to their proportions fi#ed
and determined in the distribution
*he thin! itse"f maybe divided or its va"ue
.artition ends the co@ownership amon! the co@
heirs as to thin! partitioned
II* ,hen does partition ta)e pla!eE
Kenera" /u"e0 testate and intestate proceedin!s
E#ceptions0
%& testator himse"f partitions either by wi"" or an act inter
vivos +see be"ow&
,& e#tra@Dudicia" partition by the heirs +see be"ow&
1& summary sett"ement of estate
III* .inds of Partition
%& 'ctua" ) physica" division of the thin! amon! co@heirs
,& Constructive ) any act other than physica" division which
terminates the co@ownership0
a4 every act which is intended to put an end to indivision
amon! co@heirs and "e!atees or devisees is deemed
to be a partition a"thou!h it shou"d purport to be a
sa"e an e#chan!e a compromise or any other
transaction
b4 shou"d a thin! be indivisib"e or wou"d be much
impaired by its bein! divided it may be adDudicated to
one of the heirs provided he sha"" pay the other the
e#cess in cash9 neverthe"ess if any of the heirs
shou"d demand that the thin! be so"d at pub"ic auction
and that stran!ers be a""owed to bid this must be
done
IV* ,ho may effe!t partitionE
'& *he heirs themse"ves +e#tra@Dudicia""y or an ordinary action
of partition&
*he decedent must have "eft no debts
(a!"ucot@aw ) in cases invo"vin! ora" partition under
which the parties went into possession e#ercised acts
of ownership or otherwise part"y performed the
partition a!reement equity wi"" confirm such partition
.roperties embraced in a wi"" cannot be va"id"y
partitioned amon! the heirs unti" after the wi"" is
probated
?& *he court in a ordinary action for partition or in the course
of administration proceedin!s
*he action may be brou!ht by any party in interest
' Dudicia" partition does not bind the heirs who were
not parties thereto
C& *he testator himse"f
Nature of the partition0
%& ta2es effect on"y upon death
,& revocab"e as "on! as the decedent is a"ive
<ow the partition can be made0
%& by wi""
,& by act inter vivos
Le!asto0 however there must first be a wi""
with a"" the forma"ities provided by "aw9
hence when the wi"" is nu"" and void for "ac2
of "e!a" requisites the partition made of the
estate durin! the "ifetime of the deceased is
"i2ewise nu"" and void
?a"ane0 a partition witho't a will can be
made provided the partition shou"d conform
e#act"y to the portions provided in intestate
succession
Borm of partition inter vivos0 in writin! and in
pub"ic instrument +?a"ane0 obiter in ChaveC
he"d that ora" partition is va"id&
Limitation on the partition by the testator0 "e!itimes
C'NNO* be impaired
' parent desirin! to 2eep any enterprise intact may
order that the "e!itime of the other chi"dren to whom
the property is not assi!ned be paid in cash
3& ' 1
rd
person desi!nated by the testator +('N3'*'/J&
*he mandatary cannot be a co@heir to insure fairness
and impartia"ity considerin! that she is not under the
CourtGs contro"
In case there is a minor co@heir the mandatary sha""
ma2e an inventory of the property of the estate
It is the simp"e power to partition that may be
de"e!ated by the testator but not the disposition or
distribution of the estate
),
CIVIL LAW REVIEWER
E& Io"untary heirs upon whom some condition has been
imposed C'NNO* demand a partition unti" the condition
has been fu"fi""ed
*he other heirs not so instituted shou"d not be
deprived of their ri!ht to demand partition subDect to
the ob"i!ation to protect the inchoate ri!ht of the
conditiona" heir by furnishin! adequate security
*he partition in the precedin! para!raph is
./OIISION'L
V* &ertain r'les to follow
'& .artition !enera""y a matter of ri!ht
Kenera" /u"e0 any co@heir may demand partition at
any time
E#ceptions0
%& when forbidden by the testator for a period not
e#ceedin! ,8 years +this even covers the
"e!itimes&
e#ception to the e#ception0
a& when any of the causes for the
disso"ution of a partnership occurs
b& when the court finds compe""in!
reasons for partition
NO*E0 this sha"" be made upon petition of
one of the co@heirs
a prohibition of partition imp"y a prohibition
on a"ienation or any constructive partition
,& ?a"ane0 when the co@heirs a!ree on indivision for
a period not e#ceedin! %8 years renewab"e for
"i2e periods +in accordance with the ru"es on co@
ownership&
?& Equa"ity amon! co@heirs
In the partition of the estate equa"ity sha"" be
observed as far as possib"e
Muantitative equa"ity ) the shares of the co@heirs are
not necessari"y equa" in va"ue but are determined by
"aw and by wi""
Mua"itative equa"ity ) whatever the a"iquot portions be
the "aw mandates equa"ity in nature 2ind and qua"ity
subDect to the fo""owin! qua"ifications0
%& if the decedent has made the partition himse"f
,& if the co@heirs a!ree otherwise
1& if it is impossib"e or impracticab"e
C& (utua" 'ccountin!
Upon partition the co@heirs sha"" render a mutua"
accountin! of benefits received and e#penses
incurred by each of them
.eriod contemp"ated0 between the decedentGs death
and partition time
3& Le!a" /edemption by Co@heir
/equisites0
%& that there are severa" heirs of the common
inheritance
,& that one of them se""s his hereditary ri!hts
hence if the a"ienation is not a sa"e one
requisite is "ac2in!
sa"es can be vo"untary or forced +e#ecution
sa"es&
1& that the sa"e is made to a stran!er
a"" persons who are not heirs by wi"" or "aw
are stran!ers
the heirs must 'C*U'LLJ succeed
4& that the sa"e is before partition
to distin!uish it from 'rt$ %A,8 which app"ies
where the co@ownership covers specific
property
this artic"e app"ies where the co@ownership
covers the ('SS of the hereditary estate
and presupposes the fact that there has as
yet been no distribution of the estate
;& that one or more of the co@heirs demand the
repurchase within a period of 7 month counted
from the time he or they were notified in writin! of
the sa"e
the redemption can be e#ercised ONLJ by a
co@heir re!ard"ess of their number
>I0 a "e!atee is NO* a co@owner anymore
since she receives a specific property
a"ready
If an heir has himse"f so"d his own ri!ht he
is not entit"ed to ma2e the redemption of the
ri!ht so"d by another heir to a 1
rd
party
because he himse"f ceases to be an heir
after se""in! his ri!ht
Once subro!ation has ta2en p"ace the other
co@heirs even within the period of % month
can no "on!er as2 for redemption
*he period of % month shou"d be counted
from the time the that the co@heir is notified
IN W/I*INK of the actua" sa"e
Karcia0 written notice is required without it
the period does NO* commence to run
re!istration with the /e!ister of 3eeds is not
sufficient notice most especia""y because the
property invo"ved was unre!istered "and
?a"ane0 in , recent cases the Court has
re"a#ed the requirement of written notice
and he"d that actua" notice to o 2now"ed!e
by the co@heir meets the "e!a" requirement
A& that the buyer is reimbursed the price of the sa"e
*his artic"e does NO* app"y to sa"es of property of a
decedent by the e#ecutor or administrator on orders of the
probate court
VI* Effe!ts of partition
'& ' partition "e!a""y made confers upon each heir the
e#c"usive ownership of the property adDudicated to him
?& *he tit"es of acquisition or ownership of each property sha""
be de"ivered to the co@heir
When the tit"e comprises , or more pieces of "and or
one piece of "and divided between , or more co@heirs0
%& tit"e de"ivered to the one havin! the "ar!er
interest and authentic copies of the tit"e
furnished to other co@heirs at the e#pense of the
estate9 O/
,& if the interest of each co@heir shou"d be the same
the o"dest sha"" have the tit"e
C& Warranties
, 2inds0
%& Warranty a!ainst eviction
'ction for eviction presupposes that the
portion assi!ned to each heir rea""y
represented the share which pertained to
such heir but that it afterwards suffers
chan!es throu!h the e#ercise by a 1
rd
person of specia" ri!hts over the property
adDudicated
)-
CIVIL LAW REVIEWER
*he obDect of this warranty is not to see2 a
new partition but mere"y to compe" the other
heirs to ma2e !ood the dama!es suffered
by the heir concerned by reason of the
eviction
*here is eviction a"thou!h the heir is not
deprived of the ownership of the property
a""otted to him if he is deprived of any other
ri!ht such as usufruct easement etc$
,& Warranty as to qua"ity
Inc"udes a warranty a!ainst hidden defects
*he reciproca" ob"i!ation of warranty sha"" be
proportionate to the respective hereditary shares of
the co@heirs
Inso"vency of one of the ob"i!ors0 his portion sha"" be
borne proportiona""y by a"" inc"udin! the one entit"ed
to the warranty
*hose who pay for the inso"vent heir sha"" have a ri!ht
of action a!ainst him for reimbursement shou"d his
financia" condition improve +E#cept0 inso"vency
Dudicia""y dec"ared which e#tin!uishes a"" ob"i!ations&
'n action to enforce the warranty amon! co@heirs
must be brou!ht within 7B years from the date the
ri!ht of action accrues
3& Credit assi!ned to a co@heir in partition
*he warranty covers on"y inso"vency of the decedentGs
debtor at the time of the partition not subsequent
inso"vency for which the co@heir ta2es the ris2
*he warranty has a prescriptive period of ; years
fo""owin! the partition
Co@heirs do not warrant bad debts of 2nown and
accepted by the distributee
If bad debts were not assi!ned to a co@heir and was
co""ected the amount co""ected sha"" be distributed
proportionate"y
E& *he ob"i!ation of warranty amon! co@heirs sha"" cease
when there is0
%& .artition by the testator himse"f
Mua"ifications0
a& un"ess it appears or it be reasonab"y
presumed his intention was otherwise
b& the "e!itime sha"" a"ways remain unimpaired
,& '!reement amon! the co@heirs to suppress the
warranty
UNLESS there was bad faith
1& Supervenin! events causin! the "oss or the diminution
in va"ue
4& Bau"t of the co@heir
;& Waiver
VII* Res!ission and n'llity of partition
'& Causes for annu"ment
%& those where one of the parties is incapab"e of !ivin!
consent
,& those where the consent is vitiated by mista2e
vio"ence intimidation undue inf"uence or fraud
NO*E0 these are susceptib"e of ratification
?& Causes for rescission
%& ' partition Dudicia" or e#tra@Dudicia" may be rescinded
on account of "esion when any one of the co@heirs
received thin!s whose va"ue is LESS by at "east R
than the share to which he is entit"ed considerin! the
va"ue of the thin!s at the time they were adDudicated
E#ception0 a partition made by the testator
himse"f is not subDect to rescission
E#ception to the e#ception0
%& impairment of the "e!itime +even if "esion is
"ess than R&
,& mista2e by the testator or vitiation of his
intent
'n heir who has a"ienated the who"e or a
considerab"e part of the rea" property adDudicated
to him cannot maintain an action for rescission
on the !round of "esion but he sha"" have a ri!ht
to be indemnified in cash
*he action for rescission on account of "esion
sha"" prescribe after < years from the time the
partition was made
Incomp"eteness of partition is NO* a !round for
rescission$ *he remedy is supp"ementa" partition
,& *hose a!reed upon in representation of absentees if
the "atter suffer the "esion stated in the precedin!
number
1& *hose underta2en in fraud of creditors when the "atter
cannot in any other manner co""ect the c"aims due
them
4& *hose which refer to thin!s under "iti!ation of they
have been entered into by the defendants without the
2now"ed!e and approva" of the "iti!ants or of
competent Dudicia" authority
C& /u"es0
*he heir who is sued sha"" have , options0
' partition made with preterition +not that in F;4& of
any compu"sory heir sha"" not be rescinded UNLESS0
%& it was proved there was bad faith
,& it was proved there was fraud
NO*E0 on the part of the other persons interested
+neverthe"ess the "atter sha"" proportionate"y pay the
person omitted&
' partition which inc"udes a person be"ieved to be an
heir but who is not sha"" be IOI3 on"y with respect to
such person
).

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CIVIL LAW REVIEWER

SAINT LOUIS UNIVERSITY BAR OPERATIONS

E#ecution of the offended party in the wi"" of

*here must be 2now"ed!e of the

he e#ecution must be 'BE/ the act of

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Wills &amp; Succession 2003

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Wills &amp; Succession 2003

Uploaded by

Copyright:

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CIVIL LAW REVIEWER

SAINT LOUIS UNIVERSITY BAR OPERATIONS

E#ecution of the offended party in the wi"" of

*here must be 2now"ed!e of the

*he e#ecution must be 'B*E/ the act of

You might also like

Wills & Succession 2003

Wills & Succession 2003

he e#ecution must be 'BE/ the act of