Professional Documents
Culture Documents
- Disinheritance
Art. 915. A compulsory heir may, in consequence of disinheritance, be deprived o
f his legitime, for causes expressly stated by law.
Art. 916. Disinheritance can be effected only through a will wherein the legal c
ause therefore shall be specified.
Disinheritance:
Act of testator in depriving compulsory heir of his inheritance for caus
e expressly stated by law
? Only compulsory heirs can be disinherited for they alone are entitled to legit
ime
? No disinheritance is involved in Intestate Succession since can only be made e
xpressly in a will
? Implies revocation of legacies to the disinherited heir unless the testator ot
herwise provides
? Since compulsory heir may be disinherited only for lawful causes, the courts m
ay inquire into the validity of the disinehritance
? The disinherited heir is deprived not only of his legitime but also of the fre
e portion or his share thereof
Rule on Adoption:
An adopter may disinherit the adopted child but cannot revoke the adoption (S
ec 19, RA 8552)
The adopted child is impliedly given the right of representation which right
was not accorded to him/ her before (Sec 17, RA 8552).
Requisites for a Valid Disinheritance:
1. The disinheritance must be for a cause expressly stated by the law
2. It must be effected only through a will
3. The legal cause for disinheritance must be specified in the will itself
4. The cause must be certain and true and its existence duly proved by evidence
5. The disinheritance must be total
6. The disinheritance must be unconditional
7. If the truth of the cause is denied, it must be proved by the proponent
Purpose of Disinheritance is not vengeance but retribution. It is to punish the
ungrateful.
Other ways of Depriving the Heirs of their legitime:
1. Predecease, incapacity or repudiation
2. Liabilities of the estate equal or exceed its assets
Art. 917. The burden of proving the truth of the cause for disinheritance shall
rest upon the other heirs of the testator, if the disinherited heir should deny
it.
V other heirs = not necessarily forced heirs
V Preponderance of evidence is enough
Defective or Imperfect Disinheritance:
Art. 918. Disinheritance
* without a specification of the cause, or
* for a cause the truth of which, if contradicted, is not proved, or
* which is not one of those set forth in this Code,
* shall
o annul the institution of heirs insofar as it may prejudice the person disinher
ited;
o but the devises and legacies and other testamentary dispositions shall be vali
d to such extent as will not impair the legitime.
Preterition
Imperfect
Refers to all
Disinheritance
those cases where the disinheritance is not made in accordance wit
h the requisite
Results in PARTIALformalities
ANNULMENT:required
Institution
by lawremains valid as long as the legitime
of the
Institution
Disinherited
Omitted
Always
May or may
defectively
express
implied
intentional
heirnot
ofmust
heir
heirs
be may
be
intentional
disinherited
aisbecompulsory
TOTALLY
any compulsory
heir
annulled
heirhadinheir
not
thebeen
direct
impaired
line
Similarities of Imperfect Disinheritance and Preterition:
1. Heir get their legitimes
2. Devisees and legacies remain valid if they are not inofficious
3. Involve compulsory heirs only
Valid
Preterition
Omission
Always
With
Cause
Annuls
ADisinherited
Institution
May
will
exist
be
ormust
Disinheritance
intentional
the
is
valid
without
may
with
always
always
institution;
iswhen
bealways
heir
orcause
either
required
be stated
inherits
without
all void
the
intentional
omitted
aexcept
requirements
nothing
in the
will heir
when
orinherits
will;
unintentional
preterited
of must
the law
be true
heirfollowed
are and
predeceases
legal the testator
Art. 933. If the thing bequeathed belonged to the legatee or devisee at the tim
e of the execution of the will,
* the legacy or devise shall be without effect,
* even though it may have subsequently alienated by him.
If the legatee or devisee
* acquires it gratuitously after such time,
o he can claim nothing by virtue of the legacy or devise;
* but if it has been acquired by onerous title
o he can demand reimbursement from the heir or the estate.
Legacy/ Devise of a thing already belonging to the legatee/ devisee or subsequen
tly acquired by him: (932-933)
1. Thing already belongs to the legatee/ devisee at the time of the execution of
the will
a. Legacy/ devise is void
b. Not validated by subsequent alienation by devisee/ legatee
2. Thing is owned by stranger at the time of the execution of the will and acqui
red thereafter by legatee/ devisee
a. Testator erroneously believed that it belonged to him = legacy/ devise is voi
d
b. Testator was not in error = legatee/ devisee is entitled to reimbursement if
this was acquired onerously; BUT nothing more is due if it was acquired gratuito
usly
3. Thing owned by testator at the time of execution of the will and acquired the
reafter from him by the legatee/ devisee
a. Legacy/ devise deemed revoked (957[2])
NOTE:
Legacy/ Devise to remove encumbrance over a thing belonging to legatee/ devis
ee is valid if encumbrance can be removed for a consideration (932[2])
Legacy of a thing pledged or mortgaged: Encumbrance must be removed unless testa
tor intends otherwise
Art. 934. If the testator should bequeath or devise something pledged or mortga
ged
* to secure a recoverable debt before the execution of the will,
o the estate is obliged to pay the debt, unless the contrary intention appears.
* The same rule applies
o when the thing is pledged or mortgaged after the execution of the will.
* Any other charge, perpetual or temporary, with which the thing bequeathed is b
urdened,
o passes with it to the legatee or devisee. (ex.: easements, usufructs, leases)
GR: Estate should answer for the indebtedness
Exception:
Testator expressly provide that the devisee or legatee shall pay
Ex to the EX:
Devisee or legatee may be ordered to pay provided the amount does not exceed
the value of the devise or legatee (925)
Art. 935. The legacy of a credit against a third person or of the remission or
release of a debt of the legatee shall be effective only as regards that part of
the credit or debt existing at the time of the death of the testator.
(How to comply w/ the legacy?)
In the first case (LEGACY OF CREDIT), the estate shall comply with the legacy
by assigning to the legatee all rights of action it may have against the debtor
. In the second case (LEGACY OF REMISSION), by giving the legatee an acquittance
, should he request one.
In both cases, the legacy shall comprise all interests on the credit or
debt which may be due the testator at the time of his death.
Art. 936. The legacy referred to in the preceding article shall lapse
j if the testator, after having made it, should bring an action against the debt
or for the payment of his debt, (must be judicial one)
j even if such payment should not have been effected at the time of his death.
The legacy to the debtor of the thing pledged by him is understood to di
scharge only the right of pledge. (principal oblig. remains)
Art. 937. A generic legacy of release or remission of debts comprises those exi
sting at the time of the execution of the will, but not subsequent ones.
Legacy of credit or remission: (935-937)
1. Applies only to amount still unpaid at the time of the testator s death (935)
2. Revoked if testator subsequently sues the debtor for collection (936)
3. If generic, applies only to those existing at the time of the execution of th
e will, unless otherwise provided (937; 793)
Generic
Specific
No specific
Legacy
Legacy
debtofofmentioned
Release
Releaseorto
orRemission
Remission
be released (includes all debts whether pure, cond
Not liable
itional
Particular
Only
Liable
those
for
or for
witheviction
debt
existing
eviction
a term)
is specified
at the time
as the will
one being
was made
released
shouldorberemitted
included
Art. 938. A legacy or devise made to a creditor
j shall not be applied to his credit,
j unless the testator so expressly declares.
o In the latter case, the creditor shall have the right to collect the excess, i
f any, of the credit or of the legacy or devise.
Legacy or Devise to a creditor:
GR: Will be treated like any other legacy/ devise and therefore will not be impu
ted to the debt
EXCEPTION:
Will be imputed to the debt if
1. testator so provides, and
2. if the debt exceeds the legacy/ devise, the excess may be demanded as an obli
gation of the estate
Effect of Erroneous Payment:
Art. 939. If the testator orders the payment of what he believes he owes but do
es not in fact owe,
j the disposition shall be considered as not written.
j If as regards a specified debt more than the amount thereof is ordered paid,
o the excess is not due, unless a contrary intention appears.
The foregoing provisions are without prejudice to the fulfillment of nat
ural obligations. (1423; 1429-30)
Testamentary Instruction to pay a debt:
1. This is not a testamentary disposition, but merely a direction to discharge a
civil obligation
2. Instruction to pay a non-existing debt = should be disregarded, because this
would be solution indebiti (2154)
3. Instruction to pay more than what is due = effective only as to what is due,
unless the bigger amount specified constitutes a natural obligation (1423-1430)
Art. 940. In alternative legacies or devises, the choice is presumed
j to be left to the heir upon whom the obligation to give the legacy or devise m
ay be imposed, or
j the executor or administrator of the estate if no particular heir is so oblige
d.
If the heir, legatee or devisee, who may have been given the choice, die
s before making it, this right shall pass to the respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises, except as herein provided, the p
rovisions of this Code regulating obligations of the same kind shall be observed
, save such modifications as may appear from the intention expressed by the test
ator. (1199-1206)
Alternative Devise or Legacy:
One which provides that among several things mentioned, only one is to be giv
en.
Right of Choice:
GR: Given to the person burdened (executor or administrator, heir, legatee or de
visee)
EXCEPTION:
The legatee/ devisee, if the testator so provides
Person who is to choose dies before choice is made:
1. Choice belongs to executor or administrator = right is transmitted to his suc
cessor in office
2. Choice belongs to an heir, legatee or devisee = right is transmitter to his o
wn heirs
NOTE:
Once the choice is made, it is irrevocable. The alternative legacy is co
nverted into pure obligation (1179)
Generic Legacies/ Devisies:
Art. 941. A legacy of generic personal property shall be valid even if there be
no things of the same kind in the estate. (bec. genus or personal prop is deter
mined by their nature)
A devise of indeterminate real property shall be valid (practically no g
enus bec. each prop is individualized by efforts of man) only if there be immova
ble property of its kind in the estate. (determining point: time of testator s dea
th)
The right of choice shall belong to the executor or administrator who sh
all comply with the legacy by the delivery of a thing which is neither of inferi
or nor of superior quality.
Art. 942. Whenever the testator expressly leaves the right of choice to the hei
r, or to the legatee or devisee, the former may give or the latter may choose wh
ichever he may prefer.
Art. 943. If the heir, legatee or devisee cannot make the choice, in case it ha
s been granted him, his right shall pass to his heirs; but a choice once made sh
all be irrevocable.
Rules on Validity: (941)
1. Generic Legacy = valid even if no such movables exist in the estate estate wi
ll simply acquire it
2. Generic Devise = valid only if there exists such an immovable in the testator s
estate at the time of his death
Right of Choice: (942)
1. person burdened
2. estate limitations
a. choice must neither be inferior or superior quality
b. for generic personal legacies = if there be some in the estate, person charge
d must select from them and not from outside the estate
NOTE:
Testator can donate all parts of his body = effective immediately, even befor
e the will is probated
Art. 944. A legacy for education lasts
j until the legatee is of age, or
j beyond the age of majority in order that the legatee may finish some professio
nal, vocational or general course,
o provided he pursues his course diligently.
A legacy for support lasts
j during the lifetime of the legatee,
o if the testator has not otherwise provided.
j If the testator has not fixed the amount of such legacies, it shall be fixed i
n accordance with
o the social standing and
o the circumstances of the legatee and
o the value of the estate. (entire residue of the hereditary estate)
j If the testator or during his lifetime used to give the legatee a certain sum
of money or other things by way of support,
o the same amount shall be deemed bequeathed,
o unless it be markedly disproportionate to the value of the estate.
NOTE:
Diligence required in pursuing the course is a juridical question
Legacy for support includes sustenance, dwelling, clothing, medical atte
ndance and transportation expenses (194 FC)
Both legacies for support and education are ordinarily personal and cann
ot therefore be transmitted unless the testator ordered otherwise.
Art. 945. If a periodical pension, or a certain annual, monthly, or weekly amou
nt is bequeathed,
j the legatee may petition the court for the first installment (he should first
wait for the order of distribution for all the estate s debt must first be paid;
SUPPORT IN ARREARS may be granted)
o upon the death of the testator, and
j for the following ones
o which shall be due at the beginning of each period;
j such payment shall not be returned,
o even though the legatee should die before the expiration of the period which h
as commenced
o .
Duration:
Legacy foraSupport
of Education
Periodical Pension
1. Age of majority; or
2. Completion of professional, vocation, or general course (if legatee pursues h
is studies diligently
Whichever comes later
Duration:
Legatee
Demandability:
s lifetime, unless the testator has provided otherwise
1. Upon testator s death
2. Succeeding ones = beginning of the period without duty to reimburse should th
e legatee die before the lapse of the period
Amount:
1. fixed by testator
2. proper as determined by legatee s social standing and circumstances; & value of
disposable estate
Amount:
1. fixed by testator
2. testator during his lifetime used to give the legatee, unless markedly dispro
portionate to the value of disposable portion
3. reasonable as determined by legatees s social standing & value of disposable e
Legatee must wait until an order for distribution has been issued.
state
Date of effectivity retroacts to the decedent s death if legacy not inofficious
Art. 946. If the thing bequeathed should be subject to a usufruct, the legatee
or devisee shall respect such right until it is legally extinguished. (603)
Usufruct is extinguished by:
1. death of the usufructuary, unless a contrary intention clearly appears
2. expiration of the period or fulfillment of resolutory condition
3. merger of the usufruct and ownership
4. renunciation of the usufructuary
5. total loss of the thing in usufruct
6. termination of the right of the person constituting the usufruct
7. prescription
Art. 947. The legatee or devisee acquires a right to the pure and simple legaci
es or devises from the death of the testator, and transmits it to his heirs.
Right to Legacy or Devise is vested the moment of the testator s death. BUT diff
erent rules in ff circumstances:
1. Subject to a condition = under administration until condition is fulfilled
2. Subj, to a suspensive term = begin upon arrival of the term
3. Subj. to resolutory condition = cease to exist upon the arrival of the term
Legacies:
1.
Pure
Upon
Fruits
Ownership
Demandability
from
& Generic
testator
Determinate
testator
s death
s estate = upon testator s death
2. acquired
With
Upon adetermination,
the
(suspensive)
arrival
from of
3rdthe
unless
term
person
termtestator
term,= but
uponthe
acquisition
provides
right tootherwise
it vests(949)
upon the testator s death
Upon
(878)the
Conditional
testator
happening
arrival
(suspensive)
s death,
ofofthe
the
ifterm
the
condition,
condition
(implied
condition
unless
from
is fulfilled
885)
testator (1187)
provides otherwise (884; 11
87)
Order of Preference of Legacies and Devisees:
Art. 950. If the estate should not be sufficient to cover all the legacies or de
vises, their payment shall be made in the following order: (RP-SESA)
(1) Remuneratory legacies or devises; (moral obligations)
(2) Legacies or devises declared by the testator to be preferential;
(3) Legacies for support; (include legacies for education under 194 FC B
UT here, must be distinguished)
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a p
art of the estate;
(6) All others pro rata.
Applies
Art
Provides
911 when
950 pro the
for rataorder
an legitime
reduction
of preference
hasofbeen
devises
impaired
in the
and payment
legacies
or whenofthere
devises
are donations
and legacies
inter vi
vos chargeable
Applies when thetoreduction
the free concerns
disposal the legacies or devisees (e.g: no compulsory
heirs or legitimes have already been satisfied through donations inter vivos)
Art. 951. The thing bequeathed shall be delivered
* with all its accessions and accessories and
* in the condition in which it may be upon the death of the testator.
Accessions
Inseparably united to the principal;
May be natural or industrial; like fruits & rents
Accessories
Things necessary for the use of thing bequeathed (like jack for an automobile
; antennae of TV)
Art. 952. The heir, charged with a legacy or devise, or the executor or adminis
trator of the estate,
* must deliver the very thing bequeathed if he is able to do so and
* cannot discharge this obligation by paying its value.
Legacies of money must be paid in cash, even though the heir or the esta
te may not have any. (estate has no money, prop shd be sold)
The expenses necessary for the delivery of the thing bequeathed shall be
for the account of the heir or the estate, but without prejudice to the legitim
e.
Art. 953. The legatee or devisee cannot take possession of the thing bequeathed
upon his own authority, but
* shall request its delivery and possession
o of the heir charged with the legacy or devise, or
o of the executor or administrator of the estate should he be authorized by the
court to deliver it.
Art. 954. The legatee or devisee cannot accept a part of the legacy or devise a
nd repudiate the other,
* if the latter be onerous.
* Should he die before having accepted the legacy or devise, leaving several hei
rs,
o some of the latter may accept and the others may repudiate the share respectiv
ely belonging to them in the legacy or devise.
NOTE:
Death of the devisee or legatee must be after the death of the testator
If before, voluntary heirs cannot be represented
Art. 955. The legatee or devisee of two legacies or devises, one of which is on
erous,
* cannot renounce the onerous one and accept the other.
* If both are onerous or gratuitous,
o he shall be free to accept or renounce both, or to renounce either.
o But if the testator intended that the two legacies or devises should be insepa
rable from each other,
* the legatee or devisee must either accept or renounce both.
Any compulsory heir who is at the same time a legatee or devisee may
* waive the inheritance and accept the legacy or devise, or
* renounce the latter and accept the former, or
* waive or
* accept both.
Rules on Acceptance and Repudiation of Legacies/ Devises:
1. Acceptance may be total or partial EXCEPT if the legacy/ devise is partly one
rous and partly gratuitous, the recipient cannot accept the gratuitous part and
renounce the onerous part
2. If the legatee/ devisee dies before accepting or renouncing, his heirs shall
exercise such right (heirs exercise right as to their pro-indiviso share)
Rules when 2 Legacies/ Devises to the Same Recipient:
1. Both gratuitous = may accept or repudiate both
2. Both onerous = may accept or repudiate both
3. One gratuitous & the other onerous = the recipient cannot accept the gratuito
us part and renounce the onerous part
Legacy/ Devise to one who is also a compulsory heir:
Recipient may accept either or both
NOTE:
All of the above rules only apply when the will is silent
Art. 956. If the legatee or devisee
* cannot or is unwilling to accept the legacy or devise, or
* if the legacy or devise for any reason should become ineffective,
o it shall be merged into the mass of the estate,
o except in cases of (apply ISRAI: institution, substitution, representation, ac
cretion, intestacy)
* substitution and (857)
* of the right of accretion. (1015)
Devisee or Legacy becomes inoperative:
1. legatee or devisee becomes incapacitated to inherit (1027 & 1032)
2. he becomes incapacitated to receive or when unwilling to accept (1032 & 1041)
3. he repudiates the inheritance (1051)
4. the devise or legacy is without effect (957)
SUBSECTION 1. - Relationship
Relationship or Kinship:
The tie or vinculum which binds natural persons by reason of their comin
g from a common ancestor or stock.
j Consanguinity = tie which connects these persons is by blood
o Legitimate = arisen from valid marriage
o Illegitimate arisen from an illicit relationship
j Affinity = tie is established by marriage of a relative with another thereby m
aking the latter an in-law relation
Art. 963. Proximity of relationship is determined by the number of generations.
Each generation forms a degree.
Art. 964. A series of degrees forms a line, which may be either direct or collat
eral.
A direct line is that constituted by the series of degrees among ascendants a
nd descendants.
A collateral line is that constituted by the series of degrees among persons
who are not ascendants and descendants, but who come from a common ancestor.
Art. 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends.
Art. 966. In the line, as many degrees are counted as there are generations or p
ersons, excluding the progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is
one degree removed from the parent, two from the grandfather, and three from th
e great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descen
t is made to the person with whom the computation is to be made. Thus, a person
is two degrees removed from his brother, three from his uncle, who is the brothe
r of his father, four from his first cousin, and so forth. (918a)
Direct Line:
No legal limit to the number of degrees for entitlement to intestate suc
cession
Collateral Line:
Computation of degrees is particularly important because intestate succe
ssion extends only to the 5th degree of collateral relationship (1010)
Art. 967. Full blood relationship is that existing between persons who have the
same father and the same mother.
Half blood relationship is that existing between persons who have the same fa
ther, but not the same mother, or the same mother, but not the same father.
Importance of Distinction:
j Brother & Sisters and Nephews & nieces = ration of 2:1 for full blood and half
blood relationship
j Other collateral relatives = full blood and half blood relationship is immater
ial
1. Art.
Testamentary
Intestate
When it 856(2):
takes
Succession
Succession
place
When a compulsory heir in the direct descending line has predece
ased the testator and is survived by his children or descendants.
2. Art. 1035: When a compulsory heir in the direct descending line is excluded f
rom the inheritance due to incapacity or unworthiness and he has children or des
cendants.
3. Art. 923: When a compulsory heir in the direct descending line is disinherite
d and who has children or descendants. (Representation covers only the legitime)
.
4. Art. 954: A devisee or legatee who died after the death of the testator may b
e represented by his heirs.
1. Arts. 981 & 982: When a legal heir in the direct descending line had predece
ased the decedent and is survived by his children or descendants.
2. Art. 1035: When a legal heir in the direct descending line is excluded from
the inheritance by reason of incapacity or unworthiness. (This is applied also i
n testamentary succession).
3. Arts. 981 & 975: When brothers or sisters (when there is no exclusion) had p
redeceased the decedent and they had children or descendants.
4. Art. 989: When the illegitimate children represent their illegitimate parent
s who already died in the estate of their grandparents.
5. Art. 1005: When nephews and nieces inherit together with their uncles and aun
ts, in representation of their deceased parents who are the brothers/sisters of
their said uncles or aunts.
Share given
Legitime
Entire share
of compulsory
toofrepresentative
the legal
heirheir
whowho
is is
represented
represented
Adopted Child:
An adopted child can neither represent nor be represented.
Teotico v. Del Val (13 S 406)
Being an illegitimate child she is prohibited by law from succeeding to the
legitimate relatives of her natural father
The relationship established by adoption is limited solely to the adopter an
d the adopted and does not extend to the relatives of the adopting parents or of
the adopted child except only as expressly provided for by law. Hence, no relat
ionship is created between the adopted and the collaterals of the adopting paren
ts. As a consequence, the adopted is an heir of the adopter but not of the relat
ives of the adopter.
BUT Pineda opines that:
Sec 17 of RA 8552 (2/25/1998) gives the adopted child the right to represent
the adopter in the estate of the latter s parents or ascendants.
Sec 16 of RA 8552 has also severed the relationship between the adopted child
and his/ her parents by nature. The adopted child is not an intestate heir of h
is/ her parents by nature.
Renouncer:
A renouncer can represent but cannot be represented (Arts. 976, 977).
j There is also reserva troncal in legal succession, because legal succession is
by operation of law.
Rules on Qualification:
1. The representative must be qualified to succeed the decedent (The representat
ive must al least be conceived at the time succession opens)
2. The representative need not be qualified to succeed the person represented
3. The person represented need not be qualified to succeed the decedent
Concurrence Theory:
Satisfy legitime and distribute disposable portion, if any, pro rata
Exclusion Theory:
Satisfy the legitime, and then give disposable portion, if any, to the p
referred heir in the order of intestate succession
ALL
1Intestacy:
Art SPOUSE:
995 &alone
994
Intestate
(1) Share of Surviving Spouse:
2a. SPOUSE
b. 1 legit. child
Art 996
Santillon v Miranda (14 S 563); Arcenas v. Conco (74 S 118)
3a. SPOUSE
b. 2 orestate
Divide more legit.
by total
children
number of legitimate children plus the spouse. Spouse is
considered 1 child.
4a. SPOUSE
b. legit. children
c. illegit.
Same share aschildren
one legitimate child
2 share each
1 share each
(proportion 2:1)
5Art
a. SPOUSE
999 & 176 of FC
b. Legit. parents
Art 997
6a. SPOUSE
b. Illegit. parents
Art 991 (analogy)
Art 889 (analogy)
7a. SPOUSE
b. Illegit. children
8Art
a. SPOUSE
998
b. Legit. parents
c. Illegit. children
9Art
a. SPOUSE
1000
b. Brothers & Sisters, Nephews & Nieces
Art 1001 & 994
Art. 991. If legitimate ascendants are left, the illegitimate children sha
ll divide the inheritance with them, taking one-half of the estate, whatever be
the number of the ascendants or of the illegitimate children.
Successional Barrier between the Legitimate and the Illegitimate Relatives of De
cedent: (Iron Curtain)
Art. 992. An illegitimate child has no right to inherit ab intestato from the le
gitimate children and relatives of his father or mother; nor shall such children
or relatives inherit in the same manner from the illegitimate child.
Corpus vs. Administrator (85 S 567)
There is a successional barrier between the legitimate and illegitimate relat
ives of the deceased. The rule in Article 943 is now found in article 992 of the
Civil Code which provides that "an illegitimate child has no right to inherit a
b intestato from the legitimate children and relatives of his father or mother;
nor shall such children or relatives inherit in the same manner from the illegit
imate child"
That rule is based on the theory that the illegitimate child is disgracefully
looked upon by the legitimate family while the legitimate family is, in turn, h
ated by the illegitimate child. The law does not recognize the blood tie and see
ks to avoid further grounds of resentment.
Leonardo vs, CA (120 S 890)
An illegitimate cannot, by right of representation, claim a share of the est
ate left by the legitimate relatives by his father considering that as found aga
in by the CA, he was born outside wedlock as shown by the fact that when he was
born on September 13, 1938, his alleged putative father and mother were not yet
married, and what is more, his alleged father s first marriage was still subsistin
g. At most, petitioner would be an illegitimate child who has no right to inheri
t ab intestato from the legitimate children and relatives of his father.
Diaz vs. CA (150 S 645)
Art 992 of the New Civil Code provides a barrier or iron curtain in that it
prohibits absolutely a succession ab intestato between the illegitimate child an
d the legitimate children and relatives of the father or mother of said legitima
te child. They may have a natural tie of blood, but this is not recognized by la
w for the purposes of Art 992. Between the legitimate family and the illegitimat
e family there is presumed to be an intervening antagonism and incompatibility.
The illegitimate child is disgracefully looked down upon by the legitimate f
amily; the family is in turn hated by the illegitimate child; the latter conside
rs the privileged condition of the former and the resources of which it is there
by deprived; the former, in turn, sees in the illegitimate child nothing but the
product of sin, palpable evidence of a blemish broken in life; the law does no
more than recognize this truth, by avoiding further grounds of resentment.
So that while Art, 992 prevents the illegitimate issue of a legitimate child
from representing him in the intestate succession of the grandparent; the illeg
itimates of an illegitimate child can now do so.
Diaz vs. CA (182 S IAC)
The right of representation is not available to illegitimate descendants of
legitimate children in the inheritance of a legitimate grandparent. It may be ar
gued, as done by petitioners, that the illegitimate descendant of a legitimate c
hild is entitled to represent by virtue of the provisions of Article 982, which
provides that "the grandchildren and other descendants shall inherit by right of
representation." Such a conclusion is erroneous. It would allow intestate succe
ssion by an illegitimate child to the legitimate parent of his father or mother,
a situation which would set at naught the provisions of Article 992. Article 98
2 is inapplicable to instant case because Article 992 prohibits absolutely a suc
cession ab intestato between the illegitimate child and the legitimate children
and relatives of the father or mother. It may not be amiss to state that Article
982 is the general rule and Article 992 the exception.
The word "relative" as used in Article 992 is broad enough to comprehend all
the kindred of the person spoken of. The word "relatives" should be construed i
n its general acceptation.
According to Prof Balane, to interpret the term relatives in Article 992 in
a more restrictive sense than it is used and intended is not warranted by any ru
le of interpretation. Besides, he further states that when the law intends to us
e the term in a more restrictive sense, it qualifies the term with the word coll
ateral, as in Articles 1003 and 1009 of the New Civil Code.
Art. 993. If an illegitimate child should die without issue, either legitimate o
r illegitimate, his father or mother shall succeed to his entire estate; and if
the child's filiation is duly proved as to both parents, who are both living, th
ey shall inherit from him share and share alike.
Art. 994. In default of the father or mother, an illegitimate child shall be suc
ceeded by his or her surviving spouse who shall be entitled to the entire estate
.
If the widow or widower should survive with brothers and sisters, nephews and
nieces, she or he shall inherit one-half of the estate, and the latter the othe
r half.
SUBSECTION 4. - Surviving Spouse
Art. 995. In the absence of legitimate descendants and ascendants, and illegitim
ate children and their descendants, whether legitimate or illegitimate, the surv
iving spouse shall inherit the entire estate, without prejudice to the rights of
brothers and sisters, nephews and nieces, should there be any, under article 10
01.
It is of no moment whether the marriage is in articulo mortis or not
Art. 996. If a widow or widower and legitimate children or descendants are left,
the surviving spouse has in the succession the same share as that of each of th
e children.
If only 1 child and the spouse survived, both will share the estate equa
lly.
Santillon vs. Miranda (14 S 563)
There is a conflict with what the Civil Code provides as legitime of a spous
e and what he or she may receive by way of intestacy. Art. 892 of the New Civil
Code falls under the chapter on Testamentary Succession, whereas Art. 996 comes
under the chapter on Legal or Intestate Succession. Art. 892 merely fixes the le
gitime of the surviving spouse and Art 888 thereof, the legitime of children in
testate succession. While it may indicate the intent of the law with respect to
the ideal shares that a child and a spouse should get when they concur with each
other, it does not fix the amount of shares that such child and spouse are enti
tled to when intestacy occurs. Thus, upon intestacy, the provisions of Art 996 a
pplies.
Art. 997. When the widow or widower survives with legitimate parents or ascendan
ts, the surviving spouse shall be entitled to one-half of the estate, and the le
gitimate parents or ascendants to the other half.
In case of partial intestacy, as when the testator has given a legacy to
a voluntary heir and made no disposition as to the remaining estate, the legacy
shall be deducted from the share of the spouse because his or her legitime is l
ess than that of the legitimate child, as long as the reduction will not impair
his or her legitime.
Art. 998. If a widow or widower survives with illegitimate children, such widow
or widower shall be entitled to one-half of the inheritance, and the illegitimat
e children or their descendants, whether legitimate or illegitimate, to the othe
r half.
Art. 999. When the widow or widower survives with legitimate children or their d
escendants and illegitimate children or their descendants, whether legitimate or
illegitimate, such widow or widower shall be entitled to the same share as that
of a legitimate child.
This article does not apply when there is only 1 legitimate child.
If there are several illegitimate children, they will equally divide amo
ng themselves what is left of the estate after giving the shares of the legitima
te children and the surviving spouse.
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate chil
dren are left, the ascendants shall be entitled to one-half of the inheritance,
and the other half shall be divided between the surviving spouse and the illegit
imate children so that such widow or widower shall have one-fourth of the estate
, and the illegitimate children the other fourth.
In case of partial intestacy, the legacy or devise shall be deducted from or
charged to the share of the surviving spouse without however impairing his or he
r legitime of one-eight (1/8) of the estate.
Art. 1001. Should brothers and sisters or their children survive with the widow
or widower, the latter shall be entitled to one-half of the inheritance and the
brothers and sisters or their children to the other half.
If brothers/ sisters of the decedent had become incapacitated or had pre
deceased the decedent, but have children, the latter can represent the incapacit
ated or predeceased if there is no repudiation of the estate.
If the decedent had children, even if illegitimate, the brothers or sist
ers of the decedent are excluded.
In case of partial intestacy, the legacies or devises shall be charged t
o the brothers or sisters or their children.
Art. 1002. In case of a legal separation, if the surviving spouse gave cause for
the separation, he or she shall not have any of the rights granted in the prece
ding articles.
SUBSECTION 5. - Collateral Relatives
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a
surviving spouse, the collateral relatives shall succeed to the entire estate of
the deceased in accordance with the following articles. (Proximity Rule applies
)
Art. 1004. Should the only survivors be brothers and sisters of the full blood,
they shall inherit in equal shares.
Art. 1005. Should brothers and sisters survive together with nephews and nieces,
who are the children of the descendant's brothers and sisters of the full blood
, the former shall inherit per capita, and the latter per stirpes. (Right of Rep
resentation exists)
Art. 1006. Should brother and sisters of the full blood survive together with br
others and sisters of the half blood, the former shall be entitled to a share do
uble that of the latter.
Art. 1007. In case brothers and sisters of the half blood, some on the father's
and some on the mother's side, are the only survivors, all shall inherit in equa
l shares without distinction as to the origin of the property.
Art. 1008. Children of brothers and sisters of the half blood shall succeed per
capita or per stirpes, in accordance with the rules laid down for the brothers a
nd sisters of the full blood.
Art. 1009. Should there be neither brothers nor sisters nor children of brothers
or sisters, the other collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among the
m by reason of relationship by the whole blood.
Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth d
egree of relationship in the collateral line. (no right of representation in the
collateral line beyond nephews and nieces)
SUBSECTION 6. - The State
Art. 1011. In default of persons entitled to succeed in accordance with the prov
isions of the preceding Sections, the State shall inherit the whole estate.
Art. 1012. In order that the State may take possession of the property mentioned
in the preceding article, the pertinent provisions of the Rules of Court must b
e observed.
Art. 1013. After the payment of debts and charges, the personal property shall b
e assigned to the municipality or city where the deceased last resided in the Ph
ilippines, and the real estate to the municipalities or cities, respectively, in
which the same is situated.
If the deceased never resided in the Philippines, the whole estate shall be a
ssigned to the respective municipalities or cities where the same is located.
Such estate shall be for the benefit of public schools, and public charitable
institutions and centers, in such municipalities or cities. The court shall dis
tribute the estate as the respective needs of each beneficiary may warrant.
The court, at the instance of an interested party, or on its own motion, may
order the establishment of a permanent trust, so that only the income from the p
roperty shall be used.
Art. 1014. If a person legally entitled to the estate of the deceased appears an
d files a claim thereto with the court within five years from the date the prope
rty was delivered to the State, such person shall be entitled to the possession
of the same, or if sold the municipality or city shall be accountable to him for
such part of the proceeds as may not have been lawfully spent.
Escheat:
Succession by the State to ownerless properties due to lack of qualified
legal heirs
When the State inherits, the Assignment and Disposition of Decedent s Assets are t
he ff:
1. If decedent is a resident of the Philippines at any time
a. Personal Property = to municipality of last residence
b. Real Property = where situated
2. If decedent never a resident of the Philippines
a. Personal and real property = where respectively situated
How Property is to be used by the State:
1. For the benefit of public educational and charitable institutions in the resp
ective municipalities/cities
2. Alternatively, at the instance of an interested party, or motu proprio, court
may order creation of a permanent trust for the benefit of the institutions con
cerned
NOTE: Heirs may recover property within 5 years from delivery to the State (1014
)
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS
Filling of Vacancies:
FreeRepresentation
Legitime
Causes
1.
Predecease
Intestacy
Portion
2. Co-heirs in their own right
3. Secondary forced heirs
4. Other relatives by intestacy
1. Substitution
2. Accretion (1016)
3. Representation
1. Legal heirs by intestacy
2. Co-heirs in their own right
3. Nextasorder
Incapacity
(same in predecease)
of heirs under rules of intestacy
1. Co-heirs in their own right (no representation)
Repudiation
2. If all repudiates, heirs of the next degree in their own right (no representa
tion)
3. Secondary forced heirs
4. Intestacy
(same
1. Accretion
as in predecease)
2. Heirs of the next degree in their own right (no representation)
3. Next
(same
Disinheritance
Not applicable
asininline
predecease)
of heirs in the order of intestacy
Representation
Accretion
TESTAMENTARY SUCCESSION: (no conflict between representation and accretion since
the first pertains only to legitime of the compulsory heir, the 2nd pertains to
free portion which is rendered vacant by predecease or incapacity)
On case
In the legitime
of predecease, incapacity or disinheritance, representation will operate
if the heir had children/descendants. If none, other heirs will inherit in thei
r own right.
Accretion
In case ofisrepudiation,
not applicable
otherinheirs
legitime.
will inherit
It applies
theonly
vacant
in portion
free portion
in their
(1021)
own
right
On case
In the free
of predecease,
portion there is no right of representation (voluntary heir who d
ies beforetakes
Accretion testator
placecannot
if alltransmit
the requisites
anythingintoArt
his1016
heirs)
are present. If not, oth
er heirs will inherit in their own right
INTESTATE SUCCESSION: (there is conflict in case the heir who predeceased decede
nt or incapacitated to succeed is survived by children/ descendants AND by his c
o-heirs, co-legatees or co-devisees. BUT right of representation prevails)
Predecease and will
Representation incapacity
operate if there are children or descendants. Otherwise, leg
al heirs will inherit in their own right.
Repudiation
Repudiator
There is always
cannot
(if accretion
allberepudiates,
represented
in favor
theofffco-heirs
degree will inherit in their own right)
Art. 1017. The words "one-half for each" or "in equal shares" or any others whic
h, though designating an aliquot part, do not identify it by such description as
shall make each heir the exclusive owner of determinate property, shall not exc
lude the right of accretion.
In case of money or fungible goods, if the share of each heir is not earmarke
d, there shall be a right of accretion.
Art. 1018. In legal succession the share of the person who repudiates the inheri
tance shall always accrue to his co-heirs.
Similarities between Accretion and Substitution:
1. Both refer only to the free portion of the inheritance (904, 1021)
2. Both are possible only if there is a vacancy in the inheritance due to predec
ease, incapacity, or repudiation (859, 1016)
3. In both processes, the vacant portion is generally received with the same con
ditions and charges attached thereto (861, 1019)
Art. 1019. The heirs to whom the portion goes by the right of accretion take it
in the same proportion that they inherit.
Art. 1020. The heirs to whom the inheritance accrues shall succeed to all the ri
ghts and obligations which the heir who renounced or could not receive it would
have had.
EXCEPTIONS:
1. In testamentary succession, if the testator provides otherwise;
2. If the obligation is purely personal, and hence intransmissible
Art. 1021. Among the compulsory heirs the right of accretion shall take place on
ly when the free portion is left to two or more of them, or to any one of them a
nd to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall succeed
to it in their own right, and not by the right of accretion. (No accretion in th
e legitime)
Art. 1022. In testamentary succession, when the right of accretion does not take
place, the vacant portion of the instituted heirs, if no substitute has been de
signated, shall pass to the legal heirs of the testator, who shall receive it wi
th the same charges and obligations.
Art. 1023. Accretion shall also take place among devisees, legatees and usufruct
uaries under the same conditions established for heirs.
Guardian:
j For this disqualification to apply, the will must have been executed by the wa
rd during the effectivity of the guardianship
j Kind of Guardianship covered limited to guardians over property OR over person
s
j EXCEPTION: a guardian who happens to be an ascendant, descendant, brother, sis
ter, or spouse of the ward-testator is excluded from the prohibition
j Relatives of the Guardian are not included in the incapacity
Attesting Witness
j This is an exception to Art 823
j Attesting witness is disqualified to succeed unless aside from him, there are
3 or more witnesses who witnessed the execution of the will
j If the witness is a compulsory heir, he is not disqualified to get his legitim
e -- disqualification refers only to the free portion
j Notary public who acknowledged the testator s will is not disqualified
Physician
Taking care means medical attendance with some regularity or continuity be
cause it is in such circumstances that the possibility of duress exists.
If the physician is also the testator s spouse, child or parent, the prohi
bition does not apply
Art. 1028. The prohibitions mentioned in article 739, concerning donations inter
vivos shall apply to testamentary provisions.
Art. 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the
time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in con
sideration thereof;
(3) Those made to a public officer or his wife, descedants and ascendants, by re
ason of his office.
In the case referred to in No. 1, the action for declaration of nullity may
be brought by the spouse of the donor or donee; and the guilt of the donor and d
onee may be proved by preponderance of evidence in the same action.
Q: Testator s wife was convicted of adultery but testator died without a will. Can
wife inherit?
ANS: Yes, wife can inherit because the only time when guilty spouse is c
onsidered unworthy is when there is a decree of legal separation. In this case,
there is no decree.
Art. 1029. Should the testator dispose of the whole or part of his property for
prayers and pious works for the benefit of his soul, in general terms and withou
t specifying its application, the executor, with the court's approval shall deli
ver
O one-half thereof or its proceeds to the church or denomination to which the te
stator may belong, to be used for such prayers and pious works, and
O the other half to the State, for the purposes mentioned in article 1013.
Art. 1030. Testamentary provisions in favor of the poor in general, without desi
gnation of particular persons or of any community, shall be deemed limited to th
e poor living in the domicile of the testator at the time of his death, unless i
t should clearly appear that his intention was otherwise.
The designation of the persons who are to be considered as poor and the distr
ibution of the property shall be made
O by the person appointed by the testator for the purpose;
O in default of such person, by the executor, and
O should there be no executor, by the justice of the peace, the mayor, and the m
unicipal treasurer, who shall decide by a majority of votes all questions that m
ay arise.
O In all these cases, the approval of the Court of First Instance shall be neces
sary.
The preceding paragraph shall apply when the testator has disposed of his prop
erty in favor of the poor of a definite locality. (749a)
Special Dispositions:
1. For prayers and pious works for the benefit of the soul of the testator, made
in general terms (1029)
2. Disposition in favor of the poor in general (1030)
Art. 1031. A testamentary provision in favor of a disqualified person, even thou
gh made under the guise of an onerous contract, or made through an intermediary,
shall be void.
INTERPOSITION:
A qualified person is names as the apparent heir, devisee, or legatee in
a will. In truth, however, another person is to benefit from the testamentary d
isposition.
Effect of Simulation or Circumvention:
The disposition is void hence ineffective both as to the intended benefi
ciary and the intermediary. The intestate heirs, to whom the property would go,
have the right to claim the nullity.
Disqualified Persons:
Refers to a person absolutely incapacitated to inherit or to a person in
capacitated by reason of incapacity (1027) or by reason of public morality (1028
)
The term does not refer to those incapacitated by reason of unworthiness
under 1032 because of 1033 since there can be condonation in unworthiness
(mem) Art. 1032. The following are incapable of succeeding by reason of unworthi
ness:
1. Parents who have abandoned their children or induced their daughters to lead
a corrupt or immoral life, or attempted against their virtue;
2. Any person who has been convicted of an attempt against the life of the testa
tor, his or her spouse, descendants, or ascendants;
3. Any person who has accused the testator of a crime for which the law prescrib
es imprisonment for six years or more, if the accusation has been found groundle
ss;
4. Any heir of full age who, having knowledge of the violent death of the testat
or, should fail to report it to an officer of the law within a month, unless the
authorities have already taken action; this prohibition shall not apply to case
s wherein, according to law, there is no obligation to make an accusation;
5. Any person convicted of adultery or concubinage with the spouse of the testat
or;
6. Any person who by fraud, violence, intimidation, or undue influence should ca
use the testator to make a will or to change one already made;
7. Any person who by the same means prevents another from making a will, or from
revoking one already made, or who supplants, conceals, or alters the latter's w
ill;
8. Any person who falsifies or forges a supposed will of the decedent.
j Applicable to testate and intestate succession
j Incapacity due to unworthiness is only relative
Requisites for Failure to Report the Violent Death of Testator to the Authoritie
s:
1. The heir has knowledge of violent death of the decedent;
2. The heir is of legal age;
3. The heir fails to report it to all officer of the law within a month (after l
earning of it);
4. The authorities have not yet taken action;
5. There is a legal obligation for the heir to make an accusation. (now: no one
is bound to make an accusation except the authorities concerned)
Effects of Acts of Unworthiness: Total Disqualification
Even if the heir is a compulsory heir, he loses his right to the legitim
e.
The effect of unworthiness is a kind of legal disinheritance; it is a pe
nalty declared by law itself for serious offenses committed by the heir, devisee
, or legatee against the decedent
The unworthy compulsory heir FORFEITS EVERYTHING which he could have rec
eived mortis cause from the decedent. The devisee and legatee are considered as
if they did not exist.
Donations inter vivos are not affected. They can be revoked by the deced
ent during his lifetime. If not revoked, they are subject to collation only
Condonation:
Art. 1033. The cause of unworthiness shall be without effect if the testator had
knowledge thereof at the time he made the will, or if, having known of them sub
sequently, he should condone them in writing.
Restoration of Capacity:
1. [EXPRESS CONDONATION] A written condonation
2. [IMPLIED CONDONATION] The execution by the offended party of a will with know
ledge of the cause of unworthiness (making a will is not enough; the will must a
lso either institute the unworthy heir or restore him to capacity)
j There are grounds for unworthiness which are the same grounds for disinheritan
ce.
j For DISINHERITANCE, subsequent reconciliation is enough but for UNWORTHINESS,
there must either be a written pardon or subsequent will
Restoration of Capacity: Overlap of Rules on Unworthiness & Disinheritance
1. If the offended party does not make a will subsequent to the occurrence of th
e (common) cause
a. 1033 applies = written condonation is necessary to restore capacity
2. If the offended party makes a will subsequent to the occurrence of the (commo
n) cause
a. If he knew of the cause
i. If he disinherits = apply 922
ii. If he institutes or pardons the offender = offender restored to capacity
iii. If will is silent = disputed but better view is that the unworthiness stays
b. If he did not know of the cause = unworthiness stays
NOTE: for Pineda, the rule on disinheritance prevails if testator disinherited t
he heir on (common) cause no need to bother with rules on unworthiness
Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his q
ualification at the time of the death of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary
to wait until final judgment is rendered, and in the case falling under No. 4,
the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of the c
ompliance with the condition shall also be considered. (758a)
GR: Capacity is determined at the time of the time of the decedent s death (777)
EXCEPTION:
1. If institution is subject to a suspensive condition (DOUBLE CAPACITY)
a. Time of decedent s death; and
b. Time of happening of condition
2. If final judgment is a requisite of unworthiness = time of final judgment
Representation in Unworthiness:
Art. 1035. If the person excluded from the inheritance by reason of incapacity s
hould be a child or descendant of the decedent and should have children or desce
ndants, the latter shall acquire his right to the legitime.
The person so excluded shall not enjoy the usufruct and administration of the
property thus inherited by his children.
j Extent of Representation: extends not only to the legitime, but also to whatev
er portion in the intestate succession the person represented may have been enti
tled to (but for Sempio-Dy, representation is only in the legitime since there i
s no right of representation with respect to the free portion)
j If the unworthy heir has no descendant, the property shall go back to the esta
te of the decedent for disposition in favor of the legal heirs
j For unworthy brother or sister, his/her children will represent
Art. 1036. Alienations of hereditary property, and acts of administration perfor
med by the excluded heir, before the judicial order of exclusion, are valid as t
o the third persons who acted in good faith; but the co-heirs shall have a right
to recover damages from the disqualified heir.
Art. 1037. The unworthy heir who is excluded from the succession has a right
O to demand indemnity or any expenses incurred in the preservation of the heredi
tary property, and
O to enforce such credits as he may have against the estate.
Right to Reimbursement granted to the excluded heir is irrespective of his bad
faith because the expenses incurred under this Article are necessary expenses
Art. 1038. Any person incapable of succession, who, disregarding the prohibition
stated in the preceding articles, entered into the possession of the hereditary
property, shall be obliged to return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or coul
d have received through the exercise of due diligence.
Disqualified heir who took the possession of the hereditary property is a posses
sor in bad faith.
1. Obligation to return, with accessions;
2. Liability for fruits which were received and could have been received
Collation as Imputation:
Art. 1065. Parents are not obliged to bring to collation in the inheritance of t
heir ascendants any property which may have been donated by the latter to their
children.
Donation to the grandchild should be imputed to the free portion since i
t is a donation to stranger
Collation as Imputation:
Art. 1066. Neither shall donations to the spouse of the child be brought to coll
ation; but if they have been given by the parent to the spouses jointly, the chi
ld shall be obliged to bring to collation one-half of the thing donated.
Collation as Computation:
Art. 1067. Expenses for support, education, medical attendance, even in extraord
inary illness, apprenticeship, ordinary equipment, or customary gifts are not su
bject to collation.
Support in this article does not include expenses for the recipient s prof
essional, vocational or other career because those items are governed by 1068
Collation as Imputation:
Art. 1068. Expenses incurred by the parents in giving their children a professio
nal, vocational or other career shall not be brought to collation unless the par
ents so provide, or unless they impair the legitime; but when their collation is
required, the sum which the child would have spent if he had lived in the house
and company of his parents shall be deducted therefrom.
Collation as Imputation:
Art. 1069. Any sums paid by a parent in satisfaction of the debts of his childre
n, election expenses, fines, and similar expenses shall be brought to collation.
Art. 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothi
ng, and outfit, shall not be reduced as inofficious except insofar as they may e
xceed one-tenth of the sum which is disposable by will.
Gift will be imputed to the free portion to the extent of 1/10 of the fr
ee portion. Beyond the value, the excess will be imputable to the recipient s legi
time.
Collation as Computation and Imputation:
Art. 1071. The same things donated are not to be brought to collation and partit
ion, but only their value at the time of the donation, even though their just va
lue may not then have been assessed.
Their subsequent increase or deterioration and even their total loss or destr
uction, be it accidental or culpable, shall be for the benefit or account and ri
sk of the donee.
Collation as Computation and Imputation:
Art. 1072. In the collation of a donation made by both parents, one-half shall b
e brought to the inheritance of the father, and the other half, to that of the m
other. That given by one alone shall be brought to collation in his or her inher
itance.
Collations as Imputation:
Art. 1073. The donee's share of the estate shall be reduced by an amount equal t
o that already received by him; and his co-heirs shall receive an equivalent, as
much as possible, in property of the same nature, class and quality.
Art. 1084. Voluntary heirs upon whom some condition has been imposed cannot dema
nd a partition until the condition has been fulfilled; but the other co-heirs ma
y demand it by giving sufficient security for the rights which the former may ha
ve in case the condition should be complied with, and until it is known that the
condition has not been fulfilled or can never be complied with, the partition s
hall be understood to be provisional.
j This applies in institutions with suspensive condition.
j Heir instituted under a suspensive condition acquires no rights unless and un
til the condition happens
j The other heirs not so instituted, however, should not be deprived of their ri
ght to demand partition, subject to the obligation to protect the inchoate right
of the conditional heir, by furnishing adequate security
1. Permanent Heirs = those who will inherit without any condition to fulfill or
to await for
2. Conditional Heirs = those who will inherit only upon fulfillment of the condi
tion/s imposed by testator
Art. 1085. In the partition of the estate, equality shall be observed as far as
possible, dividing the property into lots, or assigning to each of the co-heirs
things of the same nature, quality and kind.
Equality among Co-heirs:
1. Quantitative = the shares of the co-heirs are not necessarily equal in value,
but are determined by law and by will
2. Qualitative = whatever the aliquot portions be, however, the law mandates equ
ality in nature, kind, and quality (if A gets a parcel of rice land, B should al
so get one) EXCEPTIONS:
a. If the causante has made the partition himself
b. If the co-heirs agree otherwise;
c. If qualitative equality is impossible or impracticable
Constructive Partition:
Art. 1086. Should a thing be indivisible, or would be much impaired by its being
divided, it may be adjudicated to one of the heirs, provided he shall pay the o
thers the excess in cash.
Nevertheless, if any of the heirs should demand that the thing be sold at pub
lic auction and that strangers be allowed to bid, this must be done.
Art. 1087. In the partition the co-heirs shall reimburse one another
O for the income and fruits which each one of them may have received from any pr
operty of the estate,
O for any useful and necessary expenses made upon such property, and
O for any damage thereto through malice or neglect.
Co-heirs must render mutual accounting upon partition
Reimbursement may be enforced through filing an action for reimbursement or as
an incident in an action for judicial partition
Art. 1089. The titles of acquisition or ownership of each property shall be deli
vered to the co-heir to whom said property has been adjudicated.
Title refers to Document of Ownerhsip
Art. 1090. When the title comprises two or more pieces of land which have been a
ssigned to two or more co-heirs, or when it covers one piece of land which has b
een divided between two or more co-heirs, the title shall be delivered to the on
e having the largest interest, and authentic copies of the title shall be furnis
hed to the other co-heirs at the expense of the estate. If the interest of each
co-heir should be the same, the oldest shall have the title.
SUBSECTION 2. - Effects of Partition
Art. 1091. A partition legally made confers upon each heir the exclusive ownersh
ip of the property adjudicated to him.
Rights of third persons are not, however, affected by the partition
If co-heir had sold his share before the partition is made, the purchase
r acquires the property adjudicated to said heir.
Obligation of Mutual Warranty:
Art. 1092. After the partition has been made, the co-heirs shall be reciprocally
bound to warrant the title to, and the quality of, each property adjudicated.
Warranty against Eviction: (1548)
There can be eviction even if the heir does not lose ownership --- as lo
ng as there is a lessening of his right to enjoy the same (eg: it was subject to
usufruct or easement)
Warranty on the Quality (Warranty against Hidden Defects) [1561]
If the object or property given turned out to be unfit for the use intend
ed or diminishes its fitness for such use
Character of Warranty: Mutual or Reciprocal AND Proportionate
Art. 1093. The reciprocal obligation of warranty referred to in the preceding ar
ticle shall be proportionate to the respective hereditary shares of the co-heirs
, but if any one of them should be insolvent, the other co-heirs shall be liable
for his part in the same proportion, deducting the part corresponding to the on
e who should be indemnified.
Those who pay for the insolvent heir shall have a right of action against him
for reimbursement, should his financial condition improve.
Exception to the right of reimbursement from insolvent obligor:
Insolvency judicially declared -- which extinguishes all obligations
Art. 1094. An action to enforce the warranty among heirs must be brought within
ten years from the date the right of action accrues.
Action Accrues:
j Warranty on the quality = heir discovers the hidden defect
j Warranty against eviction = heir learns of the burden which the co-heirs had a
cknowledged or from the finality of judgment of eviction
Art. 1095. If a credit should be assigned as collectible, the co-heirs shall not
be liable for the subsequent insolvency of the debtor of the estate, but only f
or his insolvency at the time the partition is made.
The warranty of the solvency of the debtor can only be enforced during the fi
ve years following the partition.
Co-heirs do not warrant bad debts, if so known to, and accepted by, the distr
ibutee. But if such debts are not assigned to a co-heir, and should be collected
, in whole or in part, the amount collected shall be distributed proportionately
among the heirs.
Art. 1096. The obligation of warranty among co-heirs shall cease in the followin
g cases:
(1) When the testator himself has made the partition, unless it appears, or it m
ay be reasonably presumed, that his intention was otherwise, but the legitime sh
all always remain unimpaired;
(2) When it has been so expressly stipulated in the agreement of partition, unle
ss there has been bad faith;
(3) When the eviction is due to a cause subsequent to the partition, or has been
caused by the fault of the distributee of the property.
In addition: obligation of warranty may be waived or suppressed (1548[3])
Instances when there is no mutual warranty:
1. Partition by the testator himself (save where the legitime has been impaired)
2. Agreement among the co-heirs to suppress the warranty
3. Supervening events causing the loss or the diminution in value
4. Faulty of the co-heir
5. Waiver
1
Succession Reviewer (2)
emily zen chua