INTRODUCTION What are the two kinds of presumed death?

Cite the instances falling under each

What are the four defective contracts? Distinguish. (6)
classification.

What are the modes of acquiring ownership? (7) At what precise moment will there be

Define each.Are these exclusive? transmission of successional rights?

What will be the effect of the absentees return
Donation
or appearance?

Distinguish Donation Inter vivos from Donation Suppose the heir already spent the money, is

Mortis causa there an obligation to reimburse its value?

2. Successors-Heirs, Legatees, Devisees (Article 782)

Del Rosario v Ferrer Distinguish the three.
3. Inheritance
Is the title of donation controlling?
What is inheritance? (Article 776)
What are the characteristics of a donation How does it differ from succession?
mortis causa? Patrimony?Administration?

Property
Is acceptance necessary in donation mortis
Is human body included?
causa?
How about a human corpse? What are the

If the donors reserve the right, ownership, requisites?

possession, and administration of the Transmissible Rights and Obligations

property, is the donation inter vivos or mortis What is the principle or relativity?

causa? When are rights and obligations

intransmissible? (Law and test)
In case of doubt, how should a donation be
Give examples of transmissible rights and
construed?
obligations.

SUCCESSION Are the heirs liable for the obligations of the

decedent?
CHAPTER 1-GENERAL PROVISIONS
Are all monetary debts chargeable against the
estate? Is there a requirement?
Article 774

What is the basis for succession? Alvarez case

If the decedent during his lifetime
What are the elements of succession?
fraudulently disposed of his property while in
1. Death (Causal) litigation, will the heir be liable?
What is actual death?
Is substitution of heirs allowed? When?
What is presumed death?
 What is the duty of counsel of the counsel in 2. X, decedent, had a wife and an illegitimate child.
case of death of the decedent? In case of When he died before the NCC, illegitimate child
failure, is there a sanction?
has no right to inherit. When the NCC was passed,

What is the extent of inheritance?(Article 781) botth the widow and IC has the right to inherit.
What law shall apply?
What if after death, before distribution was
3. What if the heir did not know the exact amount he
had, interests and rents accrued-are they part
is going to inherit?
of the inheritance?
4. What if there was no declaration of heirship?

4. Acceptance
Note Article 2253.
Why is this necessary?
Article 778-780

Article 776 What are the kinds of succession?

Distinguish decedent from testator. TESTAMENTARY SUCCESSION

Article 777 Wills in General

Are the heirs really the owners of the inheritance at Article 783

the time of death?

Is the word act appropriate?

Is the term transmitted proper?

Who is referred to as person?

What is the consequence of this rule?

Why permitted?

If after death of testator, inheritance was not yet

Why control only to a certain decree?
partitioned, can this be disposed and/or delivered?
Will this violate the rule against alienation of future Why formalities?

inheritance?
What are the characteristics of a will?

Case Analysis:
What is meant when a will is said to be a strictly

1. Decedent had an illegitimate child B and a personal act? (Article 784)

legitimate child A. At the time X died, law provides

What acts cannot be delegated? (Article 785 and
that LC gets of the legitime and IC gets half of
787)
what the former is entitled to. Botth B and A were
Why can they not be delegated?
abroad and so they only partitioned the property
Case Analysis: Identify which of the wills is/are
upon their return after 3 years. A new law was
valid.
enacted stating that the LC gets 1/3 of the legitime

and the IC gets the same. What law should apply?

 a. Testator dictates the contents of his notarial I hereby leave you (motherland), parents, loved
will to his lawyer who types the same. ones.. Is this a testamentary disposition in favor of the
b. Testator dictates the contents of his State?

holographic will to his lawyer who types the

A was given a house, effective immediately. Is there
same.
animus testandi?
c. Testator asks his counsel to copy a pro forma
will from books to serve as his will. He checks Dispositive of Property
it after.
Is a will containing only a disinheritance of a
d. Testator asks his counsel to draft him the usual
compulsory heir valid?
will in which he assigns his wife and children as
his universal heirs. He checks it after. Article 788

What acts can be delegated to a third person? (Article Article 789

786) What is the reason behind this? What if the class

institution is too broad? What are the types of ambiguity? How are they
resolved?
X designates in his will tthat his entire estae of 1M shall
go to Bantay Bata and to Bicol University, his alma Article 790

matter. May he entrust the distribution of the same to

Between idiomatic translation and a literal one, which
A?
shall prevail?

Formal
Article 791

What is a non-cupative will? Is this allowed?

Case Analysis

Joint
1. In his will, testator gave certain properties to his

Is a survivorship agreement executed by spouses to wife for the use and possession thereof if she does

the effect that their joint bank account would become not remarry, otherwise the properties pass to

the sole property of the SS should one of them die formers grandniece. If wife does not remarry, will

valid? the grandniece be entitled to the properties?

2. In the testators will, a devise or Riceland was made

in favor of the testators nearest relative who shall

take priesthood and in the meantime, the same
shall be administered by the Catholic Priest of the
Animus Testandi RCC

Why is testacy preferred over intestacy?

Article 792
Article 793 What is the presumption of law regarding soundness
of mind? Why?
When is this rule applicable? Will this conflict the rule
on extent of inheritance? When is this presumption inversed?

What are the other instances when after-acquired Article 801

properties will be included in the inheritance?
Article 802
Article 794
Article 803
What are the other instances when testator may
Forms of Will (recorder)
convey lesser interest in a devise or legacy?

What are the kinds of will?

Article 795

Article 804
State the rule on governing laws in intrinsic validity
from extrinsic validity To what kinds of will are these requirements
applicable?
Article 15, 16, 17

What is meant by writing? Distinguish this

Testamentary Capacity and Intent (recorder)
requirement as to notarial wills and as to holographic
Distinguish between: wills.

Testamentary capacity v testamentary power What is language? What is a dialect? Is Bicol a

language or a dialect?
Testamentification active v Testamentificationpasiva
Can an illiterate person make a will?
Article 796-798
Is it necessary for a will to state that the testator knew
What are the qualifications of the testator? When must
the language? Is direct evidence always necessary to
these exist?
prove that the testator knew the language

Who are persons expressly prohibited by law to make

A will was written in English. Testator is an Igorot. It
a will?
was stated that the will was read and translated to

How do you compute age? When does a person reach Filipino. Is the will valid?

the age of eighteen?

Article 805-809

Article 799
To which kind of will shall these rules apply?

What is soundness of mind? What is the test?

Article 805

Article 800
What is to subscribe? What is the purpose? What if the will shows different colors of ink use by
the testator and the witnesses?
How is signing made? What is the test in determining
the sufficiency of signature? What is attestation? Subscription? Distinguish the
two. What are their purposes?
Is a thumbark sufficient? (Matias v Salud)
Where should the witnesses sign? (Taboada v Rosal)
How about a crossmark? (Garcia v Lacuesta)
Can witnesses sign with a thumbmark?
Are the rules in these cases absolute?
The testator or agent must sign every page except the
Where should testator sign?
last on the left margin

What if after the signature, some clauses follow?

What is the purpose?

Agent signing the name of testator

Why except the last?

What are the requirements?

What if it was signed on the right margin?

Should the agent sign or should his name be

Witnesses must sign each and every page, except the
written?
last, on the left margin

What if the agent copies the signature of the agent,

What if one of the witnesses failed to sign one of
is this valid?
the pages of the will? (Icasiano v Icasiano)

What is meant by at his express direction?

All pages must be numbered in letters on the upper

Witness who acted as an agent signed his name part of the page

above the typewritten name of the testator. Is the

Is this mandatory? What if letters were used? What if
will valid? (Balonan v Abellana)
the letters were placed at the bottom of the page?

May the agent be one of the subscribing witnesses?

Attestation clause

Testator must sign in the presence of witnesses

Is this part of the will?

What is the test of presence? (Nera v Rimando)

What are its contents?

Attested and subscribed by at least three credible

What are its purposes?
witnesses in the testators presence and of one
another Where must witnesses sign? (Cagro v Cagro)

Is it required that the testator signs ahead of the Must the language of the will be understood or
instrumental witnesses? known by the witnesses?
 Must the language of the attestation clause be The notary public wrote Nilagdaanko at
known to the witnesses?Testator? ninotriokongayongika 20 ngDisyember 1991
ditosalungsodngLegazpu. Is this sufficient?
Must an attested willbe dated?
Why is the notary public not required to retain a copy
What are the effect of defects and imperfections?
or to file another?
(Article 809)

Can the notary public be one of the witnesses? (Cruz v

What is the substantial compliance rule? When is
Villasor)
this applicable?Not applicable?
What is the effect of lack of documentary stamp in the
What if the AC does not state the number of
notarial acknowledgment?
witnesses? Date?That witnesses signed each and
every page thereof? That the will was the Must the acknowledgment be done on the same
notarized? occasion of the execution of the will? Acknowledged in
the presence of one another? (Javellana v Ladesma)
The number of pages? (Taboada v Azuela)
What if the will was executed in Legazpi and notarized
That the persons required to sign did so in the
in Manila, is it valid?
presence of one another? (Caneda v CA)
Article 807
The testator placed her thumbmark on each and
every page of his will and the counsel wrote the Are these requisites mandatory?
formers name to indicate the place where the
Article 808
former had placed his thumbmark. Does the
attestation clause have to state that an agent Must the testator be absolutely blind for this provision
wrote the testators name at his express direction? to apply? (Garcia v Vasquez)
(Payad v Tolentino)
Are the requisites mandatory? What is the purpose?

Can this be presumed?

Article 806
Can this be proven to have been complied with
Who is a notary public? competent evidence?

What is an acknowledgement? What are the witnesses
acknowledging before the notary public? How does it
differ from a jurat?
The counsel read the will aloud to the testator, the
three instrumental witnesses, and the notary public
while the later followed with their eyes using their own
copies. Was there compliance of the requirement?
(Alvarado v Gaviola)
Article 810 Is there an instance where a HW may be probated
without presentation of the will itself? (Rodelas v
What are the advantages of a holographic will? What
Aranza)
are the disadvantages?
Is the ruling adhered to?
What is a mystic will?
Testimonial Requirement
Written, dated and signed by the hand of the testator
himself? 0

What is meant by hand? Is the three witness rule mandatory? (Azaola v

SIngson)
Written
Is there an exception? (Codoy v Calugay)
Which of the following wills is/are valid?

Article 812-813
1. Partly written by the testator, partly by another
person Article 814
2. Another person wrote an additional part without
What if the alteration of the sole heir (with
the knowledge of testator
subsequent insertion of the name of another) is not
3. with the knowledge of the testator
signed? Who shall inherit? (Kalaw v Relova)
Dated
How do we make a change in the notarial will?

How should this be done? Is there an exception?

(Roxas v De Jesus)
Where should the date be located? (Labrador v CA)
What is the effect if the date is wrong?
Signature
If the testator signs the will using his thumbmark, is
this valid?
Are holographic wills in letters allowed?
Laws which govern formal execution according to the
place of execution
Article 815-817
What law governs the validity of the will?
If a will was executed here, does it have to be
probated here?
If a will was executed abroad, can it be probated here?
What is the doctrine of processual presumption?

Article 811 Article 818-819

Documentary requirement What is a joint will? What are its requisites?

State the rule and the reason for it. (Gan v Yap) Why are joint wills prohibited?
What are mutual wills? Reciprocal wills? Are they When is the capacity/competency of witnesses
prohibited? determined?

Are wills contained in a single sheet prohibited?
Which country allows joint wills?
A joint will was erroneously probated, and the
judgment became final. Can the will be given effect?
(De la Cerna v Potot)
Is this the same as the capacity of a person to be a
witness in court?
Article 823
What is the purpose of this rule?
Is the device or legacy valid? Is the person a

Can Filipinos execute joint wills abroad? competent witness?

Can the aliens execute joint wills? Is there an exception to this rule?

A Filipino and an alien executed a joint will. Is the will Suppose a there are four witnesses. One was given a
valid? devise, while another was the notary public. Is the will
valid?
Witnesses to Wills (q and a)
What if the witness is a compulsory heir?
Article 820-821
Article 824
What are the qualifications of witnesses?
Codicils and Incorporation by Reference
Can a person qualified as a testator also be qualified
as a witness to a will? Article 825

What is the purpose of the domicile requirement? Distinguish between a codicil and a subsequent will.

If a will is executed abroad in a place where there is no
one domiciled in the Philippines although there are
Filipino citizens not domiciled in the Philippines, does
the domicile requirement still apply?
Why not convicted of rape?
What is the effect of pardon?
Does the form (kind) of the codicil have to conform to
that of the will?
In case of conflict betwwen the will and codicil, which
shall prevail?
Can a codicil be presented even when the will was
already probated?

Must the proponent of the will prove both Does the failure to file opposition to the probate of a
competency and credibility of the witnesses in will deprive the oppositor of the right to oppose the
initiating the probate of the will? (Gonzales v CA) probate of the codicil?

Article 822 Article 826

Article 827 What are the requisites of revocation by subsequent
instrument, will or codicil?
What is incorporation by reference?
What is the kinds and extent of revocation?
Can the document contain any testamentary
disposition? Are implied revocations favored?

Can incorporation be made in a holographic will? Can two documents, each purporting to be the will
of the testator, be probated at the same time?
Do the documents or inventories need an attestation
clause? A second will was executed stating that sometime in

the future the first will would be revoked. Is there

Revocation of wills
revocation?

Article 828
A second will was referred to as last will. Is there

Can a testator file for probate during his lifetime? If the revocation?

will was allowed probate, can it still be revoked?

What are the elements of revocation by physical

Article 829 destruction or overt act?What should be the extent of

revocation?
State the rules governing the law governing
revocations. A purported document supposedly the will of the
testator was burned by his helpers in the kitchen.
Article 830
The act was done in the presence only of the

What are the three modes of revoking a will? helpers. Is the will revoked? (Maloto v CA)

What is meant by revocation by implication of law? What if in the same case, the testator already tore

Give examples. the first will into pieces. Is there revocation?

This mode of revocation presumes a change of Testator intended to revoke his will through burning

mind on the part of the testator. What if there was the same on stove. B, a beneficiary, was able to save

no change of minds,, should the will still be it without the knowledge of the testator. Has the will

revoked? been revoked?

As to legal separation, is the disqualification of the What is the difference between cancelling and

offending spouse automatic? What are the other obliterating? Distinguish it from burning or tearing.

effects of the decree?

Testator wrote marks or lines or the word revoked

As to the legacy of credit, what is judicial demand? on the blank left margin of the will. Is there
revocation?
 What if a memorandum was written on the blank Article 835-836
portion of a will?
What is republication?
What if it was the signature which was cancelled?
What are the two methods of republication? When are
Signature of the witnesses in a holographic will?
they applicable?
Is cutting included? What about crumpling?
What are the effects of republication by virtue of a
Can a will be revoked by insanity? codicil?

How is revocation proved? Can it be presumed? (Gago What law governs the will republished by virtue of a

v Mamuyac) codicil?

Article 831 At the time a notarial will was executed with two
witnesses, the law required three. Suppose later on,
Article 832
the law changed the required number to two, and

What is the distinction between an invalid will and an suppose this time a codicil referring to the will is made

ineffective will? with two (as required) witnesses, is the old will
republished?
What is the effect if the will is inoperative? (doctrine of
absolute revocation) Article 837

What if the will was disallowed? What is the principle of instanter? When is it
applicable?
A second will was executed containing a revocatory
clause. Such will however was not admitted for Distinguish between republication and revival.

probate because of lack of compliance with the formal

A made Will No. 1, then Will No. 2 expressly revoking
requirements. Is the first will revived? (Molo v Molo)
the first. Then he destroyed Will No. 2, and orally

Article 833 expressed his desire that his first will be followed.

Should this be allowed?

What are the elements for revocation to be

inoperative? Allowance and Disallowance of Wills

Article 834 Article 838

What are the modes of voluntary recognition? Explain the concept of a will.

Why is recognition of an illegitimate child not affected What are the two kinds of probate?

by revocation of will?
What are the advantages of ante mortem probate?

Republication and Revival of Wills Disadvantages?

What is the nature of an action for probate? What if after the probate of the will becomes final, a
person was charged of the forgery of the will, can
Is the probate of a will mandatory? Why? (Guevara v
he be convicted?
Guevara)
Can a criminal case for forgery be filed before the
What if there is only one heir, should the will be
petition for probate?
probated?

If a petition for probate be dismissed for non-

May the heirs agree to extra judicially partition the
appearance of counsel, may it still be subsequently
property?
probated?

May a void will or a will refused probate give rise to

Article 839
a natural obligation?
What are the grounds for the disallowance of wills?
Does the statute of limitations apply to the probate
Briefly explain each ground. Are these grounds
of the wills? What will be the proper remedy of the
exclusive?
aggrieved heirs?
Institution of Heirs
How about estoppel?
Article 840
Who may petition for probate? What is the
requirement for a person to be allowed to intervene What are the requisites of a valid institution? What are
in the probate of the will? the characteristics of an instituted heir?

May a revoked will be admitted to probate? May a conceived child be instituted?

May a co-equal court reverse the allowance of Article 841

probate of another court?
If a will does not institute an heir, is it necessary that it

Where must the petition for probate filed? be probated?

What is the issue in the probate of a will generally? Article 842

Specifically?
May a testator deprive a compulsory heir of his
Can other issues be entertained? When? legitime?
(Nepomuceno v CA)
May he impose a burden upon the legitime?
After the probate of will, can an annulment of the
If the testator left no compulsory heirs, may his
will be sought? (Gallanosa v Arcangel)
freedom of disposition still be restricted?
What are the remedies available to question the
probate of a will?
What if there is only one heir, is a judicial adjudication How is this applied?
still necessary?
Article 848
Article 843-844
What is full blood? half blood?
What if there is ambiguity as to who between two
Article 849
heirs shall inherit. There is similarity in name, surname,

and circumstance. Can the court adjudicate that the Article 850
estate shall jus be distributed between them equally?
What are the requisites in order that institution be
Article 845 annulled based on a false cause? (Austria v Reyes)

Who is an unknown person? What is the rule in ccase of an illegal cause?

Cite examples of class institution.

Cite instances wherein institution is VOID even if an

identifying event or circumstance.

Article 846

What is this principle? When is this applicable? What is

the reason for this rule?

What if there are voluntary heirs, but the shares of

some are designated, while the shares of the others
are not?.

What if specific properties of the estate have been

given to them as part of their share?

Q: A, B, and C were instituted heirs to an estate totally

valued at P300,000 but it was specifically provided that
the piano (in the estate) worth P10,000 should go to A,

and a diamond ring (also in the estate) worth P30,000

must go to B. How will the entire estate be divided?

What if testator stated that the car should go to A,

the ring to B, and the REST would be divided EQUALLY

among A, B, and C?

Article 847