a ors a JursreuDexce ans 2, latent as to property—"I devise to my, cous Pico my’ Ashpond In Rexas City” (and the ts- {ator has more than one fshpond in Roxas City). tn netther case does there appear to be ambiguity on the ace of te wil the ambiguity ts latent (latere—to be hidden; to te concealed) BB, Patent — Obvious on the face of the wil: hen an uncertainty arises upon the, face of the will as to the apptetion of any of its provisions” 1. patent as to person—T institute to 1/4 of my e=- {te some of my rst cousins.” 2, patent as to property bequeath to my cousin Prcifica some of my ea. tn both cases the ambiguity Is evident from a reading of ‘he testamentary provisions themselves; the ambiguity is patent Ipatereto be exposed). 1, How to deal with ambiguities: |A.. The provisions of this article do not make a dis linction in the solution ofthe problem of ambigut- les whether latent or patent. Hence, the distinc ton between the «vo Kinds of ambiguity fs, in the light of the codal provisions, an all but theoretical +B. 1. The ambigulty should, as far as possible, be Teared up oF resolved, in order 10 ve effect fo the. testamentary disposition. (Again the principle: Testaey is preferred to intestacy) Method of resolving ambiguity, whether ‘The reason forthe statutory exclusion is obvious: fan a dead man refute a tale? ‘Tester Succession 58 Atle 790: ‘Similar rules are im aol ae ln down In Rte 190, Setons 10 and “Sex 10. mepretaion of urtingecorng ts gal mening The ngage sn wing te peed rn mening bea {Bee fs cen nin he arse “See: 14, Pear sofsation of te tems of «wen are presumed to have been sed {he pay ad geen plato ba dee iiasle to show thatthe have Ia ectncal ‘or otherwise pecullar signification, and were 0 used Sd understood Inthe articaar stance, i whch fave the agiecment must be cnatued according tin contractual interpretation, a similar princ pressed in Arle 1570, pane” Suma Pintle fs ex: “Art 1970, the terms ofa contrat are ana en du nthe neon ef eo trating pres, the ieral meaning of ts stipulations shall contro” spread Artite 791 ‘A similar rule is foun in or cil foun in Role 180, Section 11 of he Rules SECTION 11. Instrument construed eee al provisonsin te construction ofa facet wr thr re eel pov ar Such a conection it ‘ adopted as will give effect to all. eee mn contractual in ion, ow nti erp, Arte 1979 and 1874 ty 3,873. tf some stipaaton of any contract should ait of sever meanings. shall be under ‘88 bearing that import which Is most adequate54 orn xo JumsrRonence ser to render iff “art 1874, ‘The various stipulations of con tract shail be interpreted tether attrbuting tothe oubitut ones that Sense whieh may result rom all ot ‘bem taken oy.” Article 792: 1. This article makes applicable to wils the severabiity or separability principle in statutory construction frequently ex: Dressly provided na separabiliy clause. TL” Article 2085 of the BGB isthe source ofthis article: 2085, fTelweise Unvtresamket) ie Una emit ens van mehr in nem Teste Ghatenen, Vefagungen hat dle Unvarksamkelt der ‘tbrigen Verfagungen sur zur Foge. wenn azine new et dad der Erblaeser diese ohne le unr ame Verfagung mit getofen haben warde” (2085, (Partial invallty] The invaity of one cof several dispositions contained ina wil resol in the nmatiay ofthe other espostons ony Isobe presumed that the testator woul aot have mide Thee i the inal disposition had not been made [German Cr Code) soe we ip ne of fo ache me es as aac i te ts aera om ee ot et von oem ae Takin or the decedent deat (which fe mor lal be Srocaeicase ah wr pret fme ece Oe cena hag setts na sam “Tesnouoeany Succession 35 plate was worth P500,000, Per Article 79, A is entitle to only 25.000, Example No.2: X executes wil fn 1986 contalning a leg: ‘ag: “give to M all my shares in BP The testator dies ty 1990, owning. atthe tme of his desth ten times ss mar Bet shares as he did whien he made the wi, Under Arete 705 the shares acquired after the will was executed are not included ti the legacy IV, Article 799 therefore departs from the codsl phil sophy of Articles 774 and 776 and constitutes an excepto to the concept of succession as linked to death and rendered I sally effective by death ¥. As 4 sugsestion for lew reform—the rule should be tumed around thus: "Property seguted after the making of wil passes thereby unio the contrary clearly apres oe the words or the context ofthe will” Vi. In the meantime, i is suggested that this article be Uberaly construed. Can the word “expressly” inthis article be Anterpreted to mean “clearly” even if it might be stetching & point? Artele 794: 1. This article should be read together with Article 929, 1, General rule: In a legacy or devise the testator gives ‘exactly the interest he has inthe thing (Article 784, Exceptions: He can give a less interest (Article 798) oF a seater interest (Article 929) than he has. Im the latter case, Ifthe person ouming the interest to be acquired does not wish to part with ft the solution in Arte 931 can be applied: te. the legatee or devisee shall be ented only to the just value ofthe interest that should have been ac ‘quired, ARTICLE 795. The valldty of a wil as to its form de- pends upon the observance of the law in force at the time it Is made, (a)ss dorms so Jusreunexce Aspects of Vay of Ws [AL Bxtinsie—refers to the requirement of form formal vali) 1. Governing law a to time: 4 For Plipinosthe law in force when the wil sas exeeuted Arce 728) On ees curce. io Ont the wl le bing probated here 42, Governing law as to place: For Plipinos— 1) law ofetizenstip 2) law of domiee 3} lw of residence 4) law of place of execution, oF 5) Pippne law (Vide comments under Arles 815-817) ‘For fregners—same chotees [BL ninsie—refes tothe substance of the provisions (substandve vali) Governing law a8 ote: a. For Flipinosthe law as of the time of death (nrete 22659 by. For forelgners—depends on thelr personal law ves ts es a a SG Uevmiartcl frre acts Se dare mech minal atcha ae cera ay meso a ees ce are cnet cam 0 7209 “Tesmwrerany Suecesson or (Article 16, par, 2: Arle 10994) 2. Governing law a8 to place: 4 For Flipinow Philippe law Arte 16, par 2 Article 1039) - . For foreigners—thetr national law UArtcle 16, par. 2: Article 1039) ‘SUBSECTION 2.—TESTAMENTARY CAPACITY AND INTENT ARTICLE 796, All persons who are not expressly hibited by law may make a will. (662) ARTICLE 797. Persons of elther sex under eighteen years of age cannot make a will. (a) ARTICLE 798, In order to make a will it is essential that a) ARTICLE 790. To be of sound mind, it ls not neces- sary that the testator be in full possession ofall hls reason {ng faculties, or that his mind be wholly unbroken, nim palred, or unshattered by disease, Injury or other cause, 1 shall be sulcfgp the testator was able a the time of making tp wil tts Bat a tthe ne oe fiieeafthe ontamentasyac ARTICLE 800, The law presumes that every person of sound mind, In the absence of proof tothe : ‘The burden of proof that the testator was. mind at the time of making his dispositions ls ‘oth with respect tothe eer succession and ta the amount of success "ita and to he inven raly ftentamentay roves, sal See ite bythe nana! ew he pemon whose nace rune ole ‘why tect jer i ee ony SEE SCs eset gered yh aw ft tonPy Jormas 0 Jenne exeagion son who opposes the probate of the wil GEM the testator, ne mont’ erie, before suking Bis wil wes pablly Thon tebe iste the pen wht melataine te vay The wit st prove thatthe Yarator mage St eosag't fae interval ARTICLE 801, Supervening Incapacity does not in- validate an effective will, nor is the will of an incapable ‘alldated by the supervening of capacity. (a) Articles 796-801 lay down the rules on testamentary capactyy 1. Testamentary capacty (testament facto testamentifac etn active Legal capacly to make al 1, Who have testamentary capactty—all natural persons, unless dlsgualied by law Jurdieal persons are not granted testamentary capacity Disqualified persons: ‘A. Those under 18 (Article 797) Under £,0, 292, the Administrative Code of 1987 which took effect on November 24, 1969, years are now reckoned ac cording te the Gregorian calendar See. 31. Book I provides: See. 31. Legal Feriads "Year shall be us ‘ecsond to be twelve calendar months "ont." of hin dave, nies Ht refers to. speie calendar tno fn whieh eae shall be computed according {othe mmbar of days the specie momh contain Gay toa day of twenty-four hours and "might trom 1B, Those of unsound mind (Article 798) 1 Unsoundiess of mind Onsanity) — absence of the qualities of soundness of mind arc ‘Tesoumeersy Secession 50 — defined by the Code only by indirection because ‘only soundness of mind ts defined. (Article 799), 2. Soundness of mind (sanity) define. Negatively 4) Not necessary that testator be in full pos session of reasoning facultes; 1M) Not necessary that testator’s mind be wholly unbroken, unimpaired, unshared by disease, injury, or other cats Positively Abily to know three things: 1) ature of estate ta be disposed of: guar) ay “oper cet stones un ond i grater of tamentary ac Re) The testalor should hare_a fly accurate owe of whnt he ous The word “acura Should ef course be Understood tn 2 relate Sense The more one own, the less accra ne’ nowedge of his ctate expected tbe. ‘odern-day Croesus whowe assets might netie Bilions of tollae fot to mention other curren: cies) worth of xed and guid eases Te gang 1 hve a fr les accurate picture ot his econo empire than‘ povery-arcken laborer whose ‘alt consists of two pas of faded denims Rei) The testator should know, under ordinary ci cumstances, hs relates in the moet proces degrees, his Knowiedae expectedly decreasing os the degiees became more remote. And certaiy tine tevtator thinks, fr exami Al ter i ister this would Be aig that he testator doesnot Krow the proper objects of his ‘bounty (unless ofcourse Hier his fatherornncs 2x0 Juneau se Re: i) Its not required, in order for this requisite to be present that the testator know the legal nature Sta wl with the erudition of a ctiist. All that eed the document he is seat. 13, Legal importance and implication of mental capactty— ‘the law is interested in the legal consequences of the testator’ Ihental capactty or incapacity” not in the medical aspects of IMental disease, Conceivably the testator could be mentally ab- ferrant medically but testamentary ci able oF “vice versa, ‘Testavenrae Succession a 4. Presumption. Gener mue~sebuttale presumption sf sanisrile 500) (a) Exceptions—two instances of rebuttable pre sumpilon of insanity: 4) Athen the testator one month or less, before ‘a-be insane (Artiele 800): 0 jdhen the testator executed the wil ater be ‘ng_placesnder_guardianship oF ordered ‘tena competent medically but testamentary Incompetent. ‘# The entero is simple: a long ax the testator atthe time ‘neue the sll va. capable ot persisng the-tse-hings JBemayte medically. Otherwise, he has no testamentary capac: if, no matter what else he may be meically ‘As explained in Ortega v, Valmonte (478 SCRA 247 (2008) -pecwen the het dees of soundness and attr wie enqestoniy er th IR etamentay capaci and that degre of me tle ey tv aly ey there ar mumbai degrees of metal capac or iRctpecty and wie on ene and i has been eld ‘cee eaten mn opr ey mn tose a boty ar om age wna ener person ‘Eegubie ermating wa nen or eens Festa may make tall wil prvied he has unde Ennai 2d memory sun to table hm fo Tw what het abl odo and Now ort whom he 1 Sagoug of is property To cone a sun wud dopa an. to cesar hat he mind Winton be taped or nahatre by dare Sr oer fh nt at = chsund mines Alun Batten 7 Sena 39819790 . ace of Hare requisies 's eveuy, sommilled_in either case. for insanlly fer Rules 93 and 101, respectively, of the ‘and_belore said order has Rules of Court) Deen ited. (Basis of the second exception isthe following statement in ‘ores vs. Lopez, 48 Phil. 774, at pp. 811-812; ‘Counse or the apple make capital of the tes- tator ben under guardanship at the te he made is wi, Cung secon 306 ofthe Code of Ct Proce dure and certain authors, hey est that te eet ff the Judgment i cnctasve wit respect tote com. Sion of the perwon. To this statement we cannot ‘nite down our conformity The provisos of te ete ‘ection were taken from Calon, and there the Se ‘reme Court has never held what is now urge {8 by the apelee. The rule announced that Sone states, by force of statute, the finding of insanity Ie ‘conclusive as tothe existence of insanity during he ‘continuance of edjudeation, t found fo feat on eel sts wc ng count rund Se Pa {opines (22 Gu, O47: Gridley ve. Boggs [1862 62 Eh, 100% tn the mater of tae Estate of Johnson LUBéa, 57 Cal 628) Even where the question ef ir sanity ts putin Issue In the guardianship. proceed ‘ng, the mont that ‘ean be eaid forthe nding Liaise a prsumotion of ncagscty te make all Stes tie iadan ne ‘aseiactsst fan the propane]e Jornvos aso Jursreunence for determining mental capactty—time af exes 5, Time for determining patti 7 fon of wil o-other temporal criterion is to be applied 01) ARTICLE 602. A married woman may make a will without the consent of her husband, and without the au- Thorty of the court. (a) 1. An amusingly sexist provision. It contains an errone cous aid unintended suggestion that @ married man does not hhave the same privilege. 1 Suggested rewording: “a marvied person may make @ will without his or her spouse's consent” [ARTICLE 603. A married woman may dispose by will cperate property as well as her abare of the con Jaen! portacrehip or ebealute community property.) 1 Same observations a8 those on the preceding article 1, Article 97 of the Famuly Code supersedes this in par cart 97 Etter spouse may depos ty wf sis ohne nthe cms roe SUBSECTION 8.—FORMS OF WLS ances 004, very wiianst be i mting nd as: [A Tus rile lays down commen sslmenis, aqurlnte Ga appy tothe fo Kinds of ws recognized Dy UCI he ateted and the epee trements for at [Articles 805-808 lay down special requirements tested wills Articles 810-814 lay dawn specta requirements for holographnc wills. : 'B, ‘Two common requirements lad down by Art. 804: unadoteyy 0) Awning 08 ‘Testaewraey Succession 6s (2) Aaa language oF dialect known to the testator Re: (1) Ora wills (the testamentum runcupatioum of the Institutes) are not recognized in the Code, {Such wills are allowed under the. Code of ‘Muslim Personal Laws of the Philippines [PD 1089}, art. 10212). Re: (2) a) It is otose, for the purpose of this article, {o attempt to draw a distinction between 8 language and a dialect. That ts best left to linguists and cultural anthropologists 1) The provisions of Article 804 are manda: tory.” Consequenty. failure to comply with the to requirements nulliies the all ‘urosa vs, Honrado THOSCRA 386 (1981) AAQUINO, ‘Should dsetpinary action be taken aginst re- spondent jug for having sited to probate Wl which on its fee ts woid because I Is vite in Bag Ish, a language noe known to the lerate teste and which is probably @ forged ul because she and {he attesting witnesses didnot appear before the no ‘ary admitted by the notary ime? Mauro Suroza. a carporal inthe 48th ffancy of the US. Army" (Pallppine Scouts) Fort Meise, ‘mared Maveeina Salvador in 1930 sox They wens ‘less. They reared a boy named Agapto wh acd {he stam Suroza and who considered them ast parents, Mauro dled in 1942. Marcetina, as & veteran's widow, became a pensioner of the Federal Goreng ‘ent That explains why on her desth she had ace ‘mule some aah in to banks,