San Beda Civil Law Memory Aid Covers Succession Topics

San Beda College of Law 53
MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John
Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
SUCCESSION

SUCCESSION
A mode of acquisition by virtue
of which the property, rights and
obligations to the extent of the
value of the inheritance, of a
person are transmitted through
his death to another or others
either by his will or by operation
of law. (Art. 774)

Kinds:
1. Testamentary or Testacy (by will);
2. Legal or intestacy (by operation of
law based on the decedents
presumed will);
3. Mixed (Partly Testamentary and
Legal); and
4. Partition inter vivos (to a certain
degree).

Elements:
1. DECEDENT (subjective element)
2. SUCCESSORS (subjective element)
a. Heirs - those who are called to
the whole or to an aliquot
portion of the inheritance either
by will or by operation of law
1) Voluntary those instituted
by the testator in his will, to
succeed to the inheritance
or the portion thereof of
which the testator can freely
dispose.
2) Compulsory or Forced those
who succeed by force of law
to some portion of the
inheritance, in an amount
predetermined by law,
known as the legitime.
3) Legal or Intestate those
who succeed to the estate of
the decedent who dies
without a valid will, or to
the portion of such estate
not disposed of by will.
b. Devisees or legatees - persons to
whom gifts of real or personal
property are respectively given
by virtue of a will

NOTE: The distinctions between
heirs and devisees/legatees are
significant in these cases:
1. Preterition (pretermission)
2. Imperfect disinheritance
3. After-acquired properties
4. Acceptance or non-
repudiation of the
successional rights.

3. DEATH OF THE DECEDENT (casual
element)
Moment when rights to succeed are
transmitted (Art 777)
However, a person may be
presumed dead for the purpose of
opening his succession (see rules on
presumptive death). In this case,
succession is only of provisional
character because there is always
the chance that the absentee may
still be alive.
4. Inheritance (objective element);

NOTE: Whatever may be the time when
actual transmission takes place,
succession takes place in any event at
the moment of the decedents death.
(Lorenzo vs. Posadas 64 Phil 353)

SUCCESSION INHERITANCE
Refers to the legal
mode by which
inheritance is
transmitted to the
persons entitled
to it
Refers to the
universality or
entirety of the
property, rights
and obligations of
a person who died

Inheritance includes:
1. PROPERTY, RIGHTS AND
OBLIGATIONS NOT EXTINGUISHED BY
DEATH
General rules on rights and
obligations extinguished by his
death
a) Rights which are purely personal
are by their nature and purpose
intransmissible for they are
extinguished by death (e.g.
those relating to civil
personality, family rights,
discharge of office).


CIVIL LAW COMMITTEE
Stephen
b) Rights which are patrimonial or
relating to property are
generally part of inheritance as
they are not extinguished by
death.
c) Rights of obligations are by
nature transmissible and may
constitute part of inheritance
both with respect to the rights of
the creditor and as regards to
the obligations of the debtor.

2. ALL WHICH HAVE ACCRUED THERETO
SINCE THE OPENING OF SUCCESSION
(Article 781 Civil Code)

I. TESTAMENTARY SUCCESSION

A. CONCEPT

WILL - an act whereby a person is
permitted, with the formalities
prescribed by law, to control to a certain
degree the disposition of his estate to
take effect after his death (Art. 783)

NOTE: Thus, a document that does not
purport to dispose of ones estate either
by the institution of heirs or designation
of devisees/legatees or, indirectly, by
effecting a disinheritance, is not to be
governed by the law on testamentary
succession but by some other applicable
laws.

Kinds of Wills:
1. Notarial or ordinary
2. Holographic

Characteristics of a Will:
1. UNILATERAL
2. STRICTLY PERSONAL ACT - The
disposition of property is solely
dependent upon the testator.

NOTE: The following acts MAY NOT be
left to the discretion of a third person:
(Article 785, 787 Civil Code)
duration or efficacy of the designation of
heirs, devisees or legatees;
determination of the portions which they
are to take, when referred to by
name; and
determination of whether or not the
testamentary disposition is to be
operative.

NOTE: However, the following acts MAY
be entrusted to a third person: (Article
786 Civil Code)
a. distribution of specific property
or sums of money that he may leave
in general to specified classes or
causes; and
b. designation of the persons,
institutions or establishments to
which such property or sums are to
be given or applied.
3. FREE AND VOLUNTARY ACT Any vice
affecting the testamentary freedom can
cause the disallowance of the will.
4. FORMAL AND SOLEMN ACT The
formalities are essential for the validity
of the will.
5. ACT MORTIS CAUSA
6. AMBULATORY AND REVOCABLE
DURING THE TESTATORS LIFETIME
7. INDIVIDUAL ACT Two or more
persons cannot make a single joint will,
either for their reciprocal benefit or for
another person. However, separate or
individually executed wills, although
containing reciprocal provisions (mutual
wills), are not prohibited, subject to the
rule on disposicion captatoria.
8. DISPOSITION OF PROPERTY

B. INTERPRETATION OF WILLS (ARTS.
788-792)
The testators intent (animus testandi),
as well as giving effect to such intent, is
primordial. It is sometimes said that the
supreme law in succession is the intent
of the testator. All rules of construction
are designed to ascertain and give effect
to that intention. It is only when the
intention of the testator is contrary to
law, morals, or public policy that it
cannot be given effect.

In case of doubt, that interpretation by
which the disposition is to be operative
shall be preferred. That construction is
to be adopted which will sustain and
uphold the will in all its parts, if it can
be done consistently with the
established rules of law.



CIVIL LAW COMMITTEE
Stephen
Kinds of Ambiguities: (Article 786)
1. LATENT OR INTRINSIC AMBIGUITIES
that which does not appear on the face
of the will and is discovered only by
extrinsic evidence.
2. PATENT OR EXTRINSIC AMBIGUITIES
that which appears on the face of the
will itself

NOTES:
There is no distinction between
patent and latent ambiguities, in so
far as the admissibility of parol or
extrinsic evidence to aid
testamentary disposition is
concerned.
Extrinsic evidence to explain
ambiguities in a will cannot include
oral declarations of the testator as
to his intention.
The validity of a will as to its form
depends upon the observance of law
in force at the time it is made. (Art.
795).
If a law different from the law in
force at the time of the execution of
the will goes into effect before or
after the death of the testator, such
a law shall not affect the validity of
the will, provided that such will was
duly executed In accordance with
the formalities prescribed by law in
force at the time it was made.

AFTER-ACQUIRED PROPERTY (Art. 793)
Gen. Rule: Property acquired during the
period between the execution of the will
and the death of the testator is NOT
included among the property disposed
of.
Exception: When a contrary intention
expressly appears in the will

NOTE: This rule applies only to legacies
and devises and not to institution of
heirs.

C. TESTAMENTARY CAPACITY
refers to the ability as well as the
power to make a will.
- must be present at the time of the
execution of the will.

Requisites:
1. At least 18 years of age
2. Of sound mind, i.e., the ability to
know:
a. the nature of the estate to be
disposed of;
b. the proper objects of his bounty;
and
c. the character of the
testamentary act.

NOTE: The law presumes that the
testator is of sound mind, UNLESS:
a. he, one month or less, before making
his will, was publicly known to be
insane; or
b. was under guardianship at the time of
making his will. (Torres and Lopez de
Bueno vs. Lopez 48 Phil 772)
In both cases, the burden of proving
sanity is cast upon proponents of the
will.

Effect of Certain Infirmities:
1. mere senility or infirmity of old age
does not necessarily imply that a
person lacks testamentary capacity;
2. physical infirmity or disease is not
inconsistent with testamentary
capacity;
3. persons suffering from idiocy (those
congenitally deficient in intellect),
imbecility (those who are mentally
deficient as a result of disease), and
senile dementia (peculiar decay of
the mental faculties whereby the
person afflicted is reduced to second
childhood) do not possess the
necessary mental capacity to make a
will;
4. an insane delusion which will render
one incapable of making a will may
be defined as a belief in things which
do not exist, and which no rational
mind would believe to exist;
5. if the insane delusion touches to
subject matter of the will,
testamentary disposition is void.
6. a deaf-mute and blind person can
make a will (i.e. Art. 807-808). A
blind man with a sound and disposing
mind can make a holographic will.
7. an intoxicated person or person
under the influence of drugs may
make a will as there is no complete
loss of understanding.


CIVIL LAW COMMITTEE
Stephen
Exception: where the testator has
used intoxicating liquor or drugs
excessively to such an extent as to
impair his mind, so that at the time
the will is executed, he does not
know the extent and value of his
property, or the names of persons
who are the natural objects of his
bounty, the instrument thus
executed will be denied probate for
lack of testamentary capacity.

D. FORMALITIES OF WILLS
(EXTRINSIC VALIDITY)

COMMON FORMALITIES
1. Every will must be in writing; and
2. Executed in a language or dialect
known to the testator.

SPECIAL FORMALITIES
I. NOTARIAL OR ORDINARY WILL
a. SUBSCRIPTION made at the end
thereof by the testator himself or by
the testator's name written by some
other person in his presence and by
his express direction;
Subscription refers to the
manual act of testator and also
of his instrumental witnesses of
affixing their signature to the
instrument.
b. ATTESTATION AND SUBSCRIPTION -
(evidenced by an attestation
clause) by 3 or more credible
witnesses in the presence of the
testator and of one another;
Attestation consists in the act of
witnesses of witnessing the
execution of the will in order to
see and take note mentally that
such will has been executed in
accordance with requirements
prescribed by law.

ATTESTATION SUBSCRIPTION
1. an act of the
senses
1. an act of the
hand
2. mental act 2. mechanical act
3. purpose is to
render available
proof during
probate of will
3. purpose is
identification

c. MARGINAL SIGNATURES affixed by
the testator or the person requested
by him to write his name and the
instrumental witnesses of the will on
each and every page thereof, except
the last, on the left margin;

Exceptions to the rule that all of the
pages of the will shall have to be
signed on the left margin by the
testator and witnesses::
(1) in the last page, when the will
consists of two or more pages;
(2) when the will consists of only one
page;
(3) when the will consists of two
pages, the first of which contains all
the testamentary dispositions and is
signed at the bottom by the testator
and the witnesses and the second
contains only the attestation clause
duly signed at the bottom by the
witnesses.

The inadvertent failure of one
witness to affix his signature to one
page of a testament, due to the
simultaneous lifting of two pages in
the course of signing, is not per se
sufficient to justify denial of probate
(Icasiano vs. Icasiano II SCRA 422).

d. PAGE NUMBERINGS Written
correlatively in letters placed on the
upper part of each page;

NOTE: This is not necessary when all of
the dispositive parts of a will are written
on one sheet only.

e. ACKNOWLEDGMENT Done before a
notary public by the testator and the
instrumental witnesses.

NOTE: The notary public before whom
the will was acknowledged cannot be
considered as the third instrumental
witness since he cannot acknowledge
before himself his having signed the will.
If the third witness were the notary
public himself, he would have to avow,
assent, or admit his having signed the
will in front of himself. To allow such
would have the effect of having only two
attesting witnesses to the will which
would be in contravention of Arts. 805
and 806. (Cruz vs. Villasor 54 SCRA 31)



CIVIL LAW COMMITTEE
Stephen
MANNER OF SIGNING:
The use of any signature, marks or
design intended by the testator to
authenticate renders the will
sufficiently signed by the testator.
A signature by mark will be sufficient
even if at the time of placing it, the
testator knew how to write and is
able to do so.
It is sufficiently signed by writing his
initials, or his first name, or he may
use even an assumed name.
A complete signature is not essential
to the validity of a will, provided the
part of the name written was affixed
to the instrument with intent to
execute it as a will.

ATTESTATION CLAUSE
- memorandum or record of facts
wherein the witnesses certify that the
will has been executed before them, and
that it has been executed in accordance
with the formalities prescribed by law.
Absence of this clause will render
the will a nullity.

It must state the following ESSENTIAL
FACTS:
1. the number of pages used upon
which the will is written;
HOWEVER, even if number of pages is
omitted in the AC BUT if there is an
acknowledgment clause which states the
number of pages or the will itself
mentioned such number of pages, it may
still be considered valid applying the
Liberal Interpretation of the law.
(Tabuada vs. Rosal)

2. the fact that the testator signed
the will and every page thereof,
or caused some other person to
write his name, under his
express direction, in the
presence of the instrumental
witnesses;
When the testator expressly caused
another to sign the formers name,
this fact must be recited in the
attestation clause. Otherwise, the
will is fatally defective. (Garcia vs.
Lacuesta 90 Phil 489)

3. that the witnesses witnessed and
signed the will and all the pages
thereof in the presence of the
testator and of one another.

TEST OF PRESENCE: Not whether
they actually saw each other sign,
but whether they might have seen
each other sign had they chosen to
do so considering their mental and
physical condition and position with
relation to each other at the
moment of inscription of each
signature. (Jaboneta vs. Gustilo)

In the case of an ordinary or attested
will, its attestation clause need not
be written in a language or dialect
known to the testator since it does
not form part of the testamentary
disposition.
The language used in the attestation
clause likewise need not even be
known to the attesting witnesses.
Art. 805 merely requires that, in
such a case, the attestation clause
shall be interpreted to said
witnesses. (Caneda vs. CA 222 SCRA
781)

Effects of defects or imperfections in
the Attestation Clause:
If the defect of the attestation
clause goes into the very essence of
the clause itself or consists in the
omission of one, some, or all of the
essential facts, and such omission
cannot be cured by an examination
of the will itself, the defect is
substantial in character, as a
consequence of which the will is
invalidated.

However, In the absence of bad
faith, forgery, fraud, or undue and
improper pressure and influence,
defects and imperfections in the
form of attestation or in the
language used therein shall not
render the will invalid if it is proved
that the will was in fact executed
and attested in substantial
compliance with Art. 805 (formal
requirements). This is known as the
DOCTRINE OF LIBERAL
INTERPRETATION (Art. 809)



CIVIL LAW COMMITTEE
Stephen
Purposes of requiring witness to attest
and to subscribe to a will:
1. identification of the instrument
2. protection of the testator from fraud
and deception
3. the ascertainment of the
testamentary capacity of the
testator.

NOTE: Certain points to consider
(Tolentino)
1. Mere knowledge by testator that
another is signing, and acquiescing in
it, there being no express
direction, is NOT sufficient.
2. Not required that the name of the
person who writes the testators
name should also appear on the will;
enough that testators name is
written.
3. If the required numbers of attesting
witness are competent, the fact that
an additional witness, who was
incompetent also attested to the
will, cannot impair the validity.
4. Immaterial in what order the acts
are performed provided the
signature or acknowledgment by the
testator and the attestation of the
witnesses be accomplished in one
occasion, and as part of one
transaction.
5. The law refers to page and not to
sheet or leaf or folio, so every page
used in the will should be signed on
the left margin.
6. An attestation clause need be signed
ONLY by the witnesses and not by
the testator as it is a declaration
made by the witnesses.
7. date of will:
a. ordinary will: not an essential
part;
b. holographic will: an essential
part.
8. Failure or error to state the place of
execution will not invalidate the
will.
9. Signing of a will by the testator and
witnesses and acknowledgment
before a notary public, need not be
a single act.
10. Testamentary capacity must also
exist at the time of
acknowledgment.
ADDITIONAL REQUIREMENTS FOR
SPECIAL CASES
1. Deaf or deaf-mute testator:
a) personal reading of the will, if
able to do so; OR
b) if not possible, designation of 2
persons to read the will and
communicate to him, in some
practicable manner, the
contents thereof. (Article 807)
2. Blind testator:
Double-reading requirement:
a. first, by one of the subscribing
witnesses, AND
b. second, by the notary public
before whom the will is
acknowledged. (Article 808)
Art. 808 applies not only to blind
testators but also to those who, for
one reason or another are incapable
of reading their wills (e.g. poor,
defective or blurred vision).

In a case where the testator did not
read the final draft of the will, but
the lawyer who drafted the
document, read the same aloud in
the presence of the testator, 3
witnesses, and notary public, the
Court held that the formal
imperfections should be brushed
aside when the spirit behind the law
was served though the letter was
not. (Alvarado vs. Gaviola 226 SCRA
347)

WITNESS TO NOTARIAL WILLS
(ARTS. 820 & 821)
Requirements:
1. of sound mind;
2. able to read and write;
3. not blind, deaf or dumb;
4. at least 18 years of age;
5. domiciled in the Philippines;
6. has not been convicted of
falsification of a document, perjury,
or false testimony

NOTE: A witness need not know the
contents of the will, and need not be
shown to have had a good standing in the
community where he lives. Also, the
acknowledging notary public cannot be
one of the 3 minimum numbers of
witnesses.


CIVIL LAW COMMITTEE
Stephen
Interested witness
A witness to a will who is
incapacitated from succeeding from
the testator by reason of a
devise/legacy or other testamentary
disposition therein in his favor, or in
favor of his spouse, parent, or child.
However, his competence as a
witness subsists.

2. HOLOGRAPHIC WILL (Article 810)
a. entirely written by the hand of
the testator;
b. entirely dated by the hand of the
testator; and
c. entirely signed by the hand of
the testator.

NOTE: The law exacts literal
compliance with these requirements.
HENCE, THE DOCTRINE OF LIBERAL
INTERPRETATION CANNOT BE APPLIED.

Nevertheless, the Court held in a
case that as a general rule, the
date in a holographic will should
include the day, month, and year of
its execution. However, when there
is no appearance of fraud, bad faith,
undue influence and pressure and
the authenticity of the will is
established and the only issue is
whether or not the date FEB./61
appearing on the will is a valid
compliance with Art. 810, probate of
the holographic will should be
allowed under the principle of
substantial compliance. (In the
matter of Intestate Estate of Andres
de Jesus and Bibiana Roxas de Jesus,
134 SCRA 245)

Rule in case of insertion, cancellation,
erasure or alteration:
Testator must authenticate the same
by his FULL SIGNATURE. (Article 814)

NOTE: In the case of Kalaw vs. Relova
(134 SCRA 241), the holographic will in
dispute had only one substantial
provision, which was altered by
substituting the original heir with
another, but which alteration did not
carry the requisite of full authentication
by the full signature of the testator, the
effect must be that the entire will is
voided or revoked for the simple reason
that nothing remains in the will after
that which could remain valid.

Effects of words written by another
and inserted in the words written by
the testator:
a. If the insertion was made after the
execution of the will, but without
the consent of the testator, such
insertion is considered as not
written, because the validity of the
will cannot be defeated by the
malice or caprice of third person.
b. If the insertion after the execution
of the will was with the consent of
the testator, the will remains valid
but the insertion is void.
c. If the insertion after the execution is
validated by the testator by his
signature thereon, then the insertion
becomes part of the will, and the
entire will becomes void, because
of failure to comply with the
requirement that it must be wholly
written by the testator.
d. If the insertion made by a third
person is made contemporaneous to
the execution of the will, then the
will is void because it is not written
entirely by the testator.

Probate of Holographic Will
1. If UNCONTESTED, requires that at
least 1 witness who knows the
handwriting and signature of the
testator explicitly declare that the
will and signature are in the
handwriting of the testator; if no
witness, expert testimony may be
resorted to.
2. If CONTESTED, requires at least 3 of
such credible witnesses, if none
expert witness.

NOTE: Where the testator himself
petitions for the probate of his
holographic will and no contest is file,
the fact that he affirms that the
holographic will and the signature are in
his own handwriting, shall be sufficient
evidence thereof. If the holographic will
is contested, the burden of disproving
the genuineness and due execution
thereof shall be on the contestant.



CIVIL LAW COMMITTEE
Stephen
A photostatic or xerox copy of a lost
or destroyed holographic will may be
admitted because the authenticity of
the handwriting of the deceased can
be determined by the probate court,
as comparison can be made with the
standard writings of the testator.
(Rodelas vs. Aranza, 119 SCRA 16)

GOVERNING LAW ON FORMALITIES
1. As to time:
The validity of a will as to its form
depends upon the observance of the
law in force at the time it is made.
Its intrinsic validity, however, is
judged at the time of the
decedents death by the law of his
nationality.

2. As to place:
a. Filipino testator executing a will in
the Philippines: Philippine law
b. Filipino testator executing a will
outside of the Philippines: either
1) The law of the country in which
it is executed; or
2) The law of the Philippines.
c. Alien testator executing a will in the
Philippines: either
1) The law of the Philippines; or
2) The law of the country of which
he is a citizen or subject.
d. Alien testator executing a will
outside of the Philippines: either
1) The law of the place where it is
executed; or
2) The law of the place in which he
resides; or
3) The law of his country; or
4) The law of the Philippines.

Aspects of the will governed by
National Law of the Decedent (Article
1039 and Article 16 Civil Code)
a. Order of succession
b. Amount of successional rights
c. Intrinsic validity
d. Capacity to succeed

Joint will a single testamentary
instrument which contains the wills of
two or more persons, jointly executed by
them, either for their reciprocal benefit
or for the benefit of a third person
--will of 2 or more persons is made in the
same instrument and is jointly signed by
them

Mutual wills wills executed pursuant to
an agreement between two or more
persons to dispose of their property in a
particular manner, each in consideration
of the other
--separate wills of 2 persons, which are
reciprocal in their provisions.

Reciprocal wills- wills in which the
testators name each other as
beneficiaries under similar testamentary
plans

NOTE: A will that is both joint and
mutual is one executed jointly by two or
more persons, the provisions of which
are reciprocal and which shows on its
face that the devises are made in
consideration of the other. Such is
prohibited.

Reasons:
1. will is purely personal and unilateral
act
2. contrary to the revocable character
of a will
3. may expose the testator to undue
influence, and may even induce one
of the testators to kill the other.

NOTE: Joint wills executed by Filipinos
in a foreign country shall not be valid in
the Philippines, even though authorized
by the foreign country in which they may
have been executed (Article 819 Civil
Code).
This prohibition is applicable
only in joint wills executed by Filipinos
in a foreign country; it does NOT APPLY
to joint wills executed by aliens.

E. CODICIL AND INCORPORATION BY
REFERENCE

CODICIL
A supplement or addition to a will,
made after the execution of a will
and annexed to be taken as a part
thereof, by which any disposition
made in the original will is


CIVIL LAW COMMITTEE
Stephen
explained, added to, or altered.
(Article 825)
NOTE: To be effective, it must be
executed as in the case of a will. Its
execution has the effect of republishing
the will as modified.

INCORPORATION BY REFERENCE
(ART 827)
Contemplates only lists of
properties, books of accounts, and
inventories.
Provisions which are in the nature of
testamentary dispositions must be
contained in the will itself.

Requisites for a valid incorporation by
reference: (ART 827)
1. The document or paper referred to
in the will must be in existence at
the time of the execution of the
will;
2. The will must clearly describe and
identify the same, stating among
other things the number of pages
thereof;
3. It must be identified by clear and
satisfactory proof as the document
or paper referred to therein;
4. It must be signed by the testator and
the witnesses on each and every
page, except in case of voluminous
books of account or inventories.

F. REVOCATION OF WILLS AND
TESTAMENTARY DISPOSITIONS

REVOCATION
An act of the mind, terminating the
potential capacity of the will to
operate at the death of the testator,
manifested by some outward or
visible act or sign, symbolic thereof.
Such right to revoke a will cannot be
waived or restricted.

LAWS WHICH GOVERN REVOCATION
(ART 829)
1. If the revocation takes place in the
Philippines, whether the testator is
domiciled in the Philippines or in
some other country, it is valid when
it is in accordance with the laws of
the Philippines
2. If the revocation takes place outside
the Philippines, by a testator who is
domiciled in the Philippines, it is
valid when it is in accordance with
the laws of the Philippines
3. Revocation done outside the
Philippines, by a testator who does
not have his domicile in this
country, is valid when it is done
according to the:
a. laws of the place where the
will was made, or
b. laws of the place in which the
testator had his domicile at the
time of revocation;

MODES OF REVOCATION (ART 830)
1. By implication of law:
a. legal separation revokes
testamentary provisions in favor
of the offending spouse;
b. preterition revokes the
institution of heir;
c. judicial action for recovery of
debt revokes a legacy of
credit/remission of debt;
d. transformation, alienation, or
loss of bequeathed property
revokes a legacy of such
property;
e. act of unworthiness by an heir,
devisee/legatee revokes
testamentary provisions in his
favor;
f. if both spouses of the
subsequent marriage acted in
bad faith, said marriage shall be
void ab initio and testamentary
dispositions made by one in
favor of the other are revoked
by operation of law (Art. 44,
Family Code); and
g. void ab initio or annulled
marriages revoke testamentary
dispositions made by one spouse
in favor of the other (Art. 50,
Family Code).
2. By some will, codicil, or other
writing, executed as provided in case
of wills, which may either be:
a. Express when there is a
revocatory clause expressly
revoking the previous will or a
part thereof
b. Implied when the provisions
thereof are partially or entirely
inconsistent with those of the
previous will


CIVIL LAW COMMITTEE
Stephen
NOTE: While express revocation may be
effected by a subsequent will, or a
codicil, or a nontestamentary writing
executed as provided in case of wills,
implied revocation may be effected only
by either a subsequent will, or a codicil.

3. By burning, tearing, cancelling, or
obliterating the will.
Requisites:
a. testamentary capacity at the
time of performing the act of
destruction;
b. intent to revoke (animus
revocandi);
c. actual physical act of
destruction;
d. completion of the subjective
phase; and
e. performed by the testator
himself or by some other person
in his presence and express
direction
(THE LIST IS EXCLUSIVE.)

NOTE: The act of revocation is a
personal act of the testator. He cannot
delegate to an agent the authority to do
the act for him. Another person,
however, may be selected by him as an
instrument and directed to do the
revocatory acts in his presence. A
destruction not accomplished in the
testators presence is an ineffective
revocation of the will.

DOCTRINE OF PRESUMED REVOCATION
Whenever it is established that the
testator had in his possession or had
ready access to the will, but upon
his death it cannot be found or
located, the presumption arises that
it must have been revoked by him by
an overt act.
Where it is shown that the will was
in custody of the testator after its
execution, and subsequently, it was
found among the testators effects
after his death in such a state of
mutilation, cancellation or
obliteration as represents a
sufficient act of revocation, it will
be presumed in the absence of
evidence to the contrary, that such
act was performed by the testator
with the intention of revoking the
will.

DOCTRINE OF DEPENDENT RELATIVE
REVOCATION (ART 832)
A revocation subject to a condition
does not revoke a will unless and
until the condition occurs. Thus,
where a testator revokes a will
with the proven intention that he
would execute another will, his
failure to validly make a latter will
would permit the allowance of the
earlier will.

Where the act of destruction is
connected with the making of
another will so as fairly to raise the
inference that the testator meant
the revocation of the old to depend
upon the efficacy of the new
disposition intended to be
substituted, the revocation will be
conditional and dependent upon the
efficacy of the new disposition; and
if for any reason, the new will
intended to be made as a substitute
is inoperative, the revocation fails
and the original will remains in full
force (Vda. De Molo vs. Molo 90 Phil
37).

Revocation by mistake
A revocation of a will based on a
false cause or an illegal cause is null
and void. Thus, where a testator by
a codicil or later will, expressly
grounding such revocation on the
assumption of fact which turns out
to be false, as where it is stated that
the legatees/devisees named therein
are dead, when in fact, they are
living, the revocation does not take
effect.

G. REPUBLICATION AND REVIVAL OF
WILLS

REPUBLICATION
The act of the testator whereby he
reproduces in a subsequent will
(express) the dispositions contained
in a previous will which is void as to
its form, or he executes a codicil
(constructive) to his will.


CIVIL LAW COMMITTEE
Stephen
Its purpose is to cure the will of its
formal defects.

NOTES:
To republish a will void as to its
form, all the dispositions must be
reproduced or copied in the new or
subsequent will;
To republish a will valid as to its
form but already revoked the
execution of a codicil which makes
reference to the revoked will is
sufficient.

Effects of Republication by virtue of a
Codicil:
1. Codicil revives the previous will
2. The old will is republished as of the
date of the codicil makes it speak,
as it were, from the new and later
date.
3. A will republished by a codicil is
governed by a statute enacted to the
execution of the will, but which was
operative when the codicil was
executed.

REPUBLICATION REVIVAL

1. Takes place by
an act of the
testator

1. Takes place by
operation of law.

2. Corrects extrinsic
and intrinsic
defects.

2. Restores a
revoked will

REVIVAL
The restoration to validity of a will
previously revoked by operation of
law (implied revocation).

PRINCIPLE OF INSTANTER
The express revocation of the first
will renders it void because the
revocatory clause of the second will,
not being testamentary in character,
operates to revoke the previous will
instantly upon the execution of the
will containing it.
NOTE: In implied revocation, the first
will is not instantly revoked by the
second will because the inconsistent
testamentary dispositions of the latter
do not take effect immediately but only
after the death of the testator.
H. ALLOWANCE AND DISALLOWANCE OF
WILLS

PROBATE
A special proceeding mandatorily
required for the purpose of
establishing the validity of a will.
The statute of limitations is not
applicable to probate of wills.

Questions determinable by the probate
court: (ICE)
1. identity of the will;
2. testamentary capacity of the
testator at the time of the execution
of the will; and
3. due execution of the will.

GENERAL RULE: In probate
proceeding, the courts area of inquiry is
limited to an examination of, and
resolution on the extrinsic validity if the
will, the due execution thereof, the
testatrixs testamentary capacity and
the compliance with the requisites or
solemnities prescribed by law. The
probate court cannot inquire into the
intrinsic validity of testamentary
provisions.

EXCEPTION: Practical considerations,
e.g. when the will is intrinsically void on
its face.

In Nuguid vs Nuguid (17 SCRA 449),
the Supreme Court held that, if the
case were to be remanded for
probate of the will, nothing will be
gained. On the contrary, this
litigation would be protracted. And
for aught that appears in the record,
in the event of probate or if the
court rejects the will, probability
exists that the case will come up
once again before us on the same
issue of the intrinsic validity or
nullity of the will. RESULT: waste of
time, effort, expense, plus added
anxiety.

In Nepomuceno vs CA (139 SCRA
207), the Court ruled that the court
can inquire as to the intrinsic
validity of the will because there
was an express statement that the
beneficiary was a mistress.


CIVIL LAW COMMITTEE
Stephen
NOTES:
Criminal action will not lie against
the forger of a will which had been
duly admitted to probate by a court
of competent jurisdiction. (Mercado
vs. Santos 66 Phil. 215)

The fact that the will has been
allowed without opposition and the
order allowing the same has become
final and executory is not a bar to
the presentation of a codicil,
provided it complies with all the
formalities for executing a will. It is
not necessary that the will and
codicil be probated together as the
codicil may be concealed by an
interested party. They may be
probated one after the other.
(Macam vs. Gatmaitan 60 Phil 358)

When a will is declared void because
it has not been executed in
accordance with the formalities
required by law, but one of the
intestate heirs, after the settlement
of the debts of the deceased, pays a
legacy in compliance with a clause in
the defective will, the payment is
effective and irrevocable (Article
1430, NCC; Natural Obligations).

Grounds for Disallowance of a Will (ART
839)
1. Formalities required by law have not
been complied with;
2. Testator was insane, or otherwise
incapable of making a will, at the
time of its execution;
3. Will was executed through force or
under duress, or the influence of
fear, or threats;
4. Will was procured by undue and
improper pressure and influence, on
the part of the beneficiary or of
some other person;
5. Signature of the testator was
procured by fraud;
6. Testator acted by mistake or did not
intend that the instrument he signed
should be his will at the time of
affixing his signature thereto.
NOTE: GROUNDS ARE EXCLUSIVE.

Fair arguments, persuasion, appeal
to emotions, and entreaties which,
without fraud or deceit or actual
coercion, compulsion or restraint do
not constitute undue influence
sufficient to invalidate a will.
(Barreto vs. Reyes 98 Phil 996)
Burden is on the person challenging
the will to show that such influence
was exerted at the time of its
execution.
To make a case of UNDUE
INFLUENCE, the free agency of the
testator must be shown to have been
destroyed; but to establish a ground
of contest based on FRAUD, free
agency of the testator need not be
shown to have been destroyed.
Allegations of fraud and undue
influence are mutually repugnant
and exclude each other; their joining
as grounds for opposing probate
shows absence of definite evidence
against the validity of the will
(Icasiano vs. Icasiano 11 SCRA 422)

REVOCATION DISALLOWANCE

1. voluntary act of
the testator.

1. given by judicial
decree.

2. with or without
cause.

2. must always be
for a legal cause.

3. may be partial or
total.

3. always total
except: when the
ground of fraud or
influence for
example affects
only certain
portions of the
will.

I. INSTITUTION OF HEIRS
(ARTS. 840-856)

INSTITUTION
An act by virtue of which a testator
designates in his will the person or
persons who are to succeed him in
his property and transmissible rights
and obligations. (Art 840)
The proper test in order to
determine the validity of an
institution of heir is the possibility of
finally ascertaining the identity of


CIVIL LAW COMMITTEE
Stephen
the instituted heir by intrinsic or
extrinsic evidence.

PRESUMPTIONS
1. Presumption of Equality Heirs
instituted without designation of
shares shall inherit in equal parts.
This is limited only to the case
where all of the heirs are of the
same class or juridical condition, and
where there are compulsory heirs
among the heirs instituted, it should
be applied only to the disposable
free portion.
2. Presumption of Individuality When
the testator institutes some heirs
individually and others collectively,
those collectively designated shall
be considered as individually
instituted, unless it clearly appears
that the intention of the testator
was otherwise.
3. Presumption of Simultaneity when
the testator calls to the succession a
person and his children, they are all
deemed to have been instituted
simultaneously and not successively.

INSTITUTION BASED ON A FALSE CAUSE
(Article 850)
GENERAL RULE: The statement of a
false cause for the institution of an heir
shall be considered as not written.
Reason: Generosity of the testator is
the real cause of the testamentary
disposition.
EXCEPTION: If it appears from the face
of the will that the testator would not
have made the institution had he known
the falsity of the cause.
Example: Where the person
instituted is a total stranger to the
testator, it is obvious that the real
cause of the testamentary
disposition is not the generosity of
the testator but the fact itself which
turned out to be false.

REQUISITES FOR THE ANNULMENT OF
INSTITUTION OF HEIRS:
1. cause of institution of heirs must be
stated in will;
2. cause must be shown to be false;
3. it must appear from the face of the
will that the testator would not have
made the institution had he known
the falsity of the cause.

Where the one-sentence will
institutes the petitioner as the sole,
universal heir and preterits the
parents of the testatrix, and it
contains no specific legacies or
bequests, such universal institution
of petitioner, by itself, is void.
Intestate succession ensues. (Nuguid
vs. Nuguid, et al. 17 SCRA 449)

PRETERITION (ART. 854)
Omission in the testators will of
one, some, or all of the compulsory
heirs in the direct line, whether
living at the time of the execution of
the will or born after the death of
the testator.

Requisites:
1. The heir omitted must be a
compulsory heir in the direct line;
2. The omission must be complete and
total in character; and
3. The compulsory heir omitted must
survive the testator.

There is no total omission
when:
a. A devise/legacy has been given
to the heir by the testator
b. A donation inter vivos has been
previously given to the heir by
the testator; or
c. Anything is left from the
inheritance which the heir may
get by way of intestacy.

NOTE: In the above cases, the
remedy of the heir is completion of
legitime under Art. 906, in case the
value of the property received is less
than the value of the legitime.

Effects of Preterition:
1. It annuls the institution of heir;
2. The devises and legacies are valid
insofar as they are not inofficious;
and
3. If the omitted compulsory heir
should die before the testator, the
institution shall be effectual,
without prejudice to the right of
representation.


CIVIL LAW COMMITTEE
Stephen
NOTE: In case of omission without
preterition, the rule in Art. 855 should
be followed. The suggested alternate
phrasing of Dr. Tolentino to the said
article is: The share of the compulsory
heir omitted in a will must be first
taken from the part of the estate not
disposed of by the will, if any; if that is
not sufficient, so much as may be
necessary must be taken proportionally
from the shares of the heirs given to
them by will.

PRETERITION DISINHERITANCE

1. deprivation of a
compulsory heir of
his legitime is tacit

1. deprivation of a
compulsory heir of
his legitime is
express.

2. may be voluntary
but the law
presumes that it is
involuntary

2. always
voluntary.

3. law presumes
that there has been
merely an oversight
or mistake on the
part of the testator.

3. done with a
legal cause.

4. omitted heir gets
not only his legitime
but also his share in
the free portion not
disposed of by way
of legacies/ devises.

4. if disinheritance
is not lawful,
compulsory heir is
merely restored to
his legitime.

Where the deceased left no
descendants, legitimate or
illegitimate, but she left forced heirs
in the direct ascending lineher
parents, and her holographic will
does not explicitly disinherit them
but simply omits them altogether,
the case is one of preterition of
parents, not a case of ineffective
disinheritance. (Nuguid vs. Nuguid
17 SCRA 449)

NOTE: Preterition of the surviving
spouse (SS) does not entirely annul the
institution of the heir since SS is not a
compulsory heir in the direct line.
However, since Article 842 protects the
legitime of the SS, the institution is
partially annulled by reducing the rights
of the instituted heir to the extent
necessary to cover the legitime of SS.
(Tolentino)

EFFECT OF PREDECEASE
--an heir who dies before the testator
shall transmit no right to his own heirs
(rule is absolute with respect to a
voluntary heir)
--what is transmitted to the
representatives of compulsory heir is his
right to the legitime and not to the free
portion
EFFECT OF INCAPACITY
--A voluntary heir who is incapacitated
to succeed from testator shall transmit
no right to his own heirs.
--compulsory heir may be represented,
but only with respect to his legitime

EFFECT OF REPUDIATION
--whether voluntary or compulsory, the
heir who repudiates his inheritance
cannot transmit any right to his own
heirs.

J. SUBSTITUTION OF HEIRS
(ARTS 857-870)

SUBSTITUTION
The act by which the testator
designates the person or persons to
take the place of the heir or heirs
first instituted (Tolentino). It may be
considered as a subsidiary and
conditional institution.

Kinds:
1. Simple or Common (that which
takes place when the testator
designates one or more persons to
substitute the heirs/s instituted in
case such heir/s should die before
him, or should not wish, or should be
incapacitated to accept the
inheritance)
2. Brief or Compendious: brief (there
are two or more persons designated
by the testator to substitute for only
one heir), compendious (one heir is
designated to take the place of two
or more heirs)

Instances when substitution
takes place:
a. instituted heir predeceases the
testator;


CIVIL LAW COMMITTEE
Stephen
b. incapacity of the instituted heir
to succeed from the testator;
and
c. repudiation of the inheritance.

Effect of substitution:
General rule: once the substitution
has taken place, the substitute shall
not only take over the share that
would have passed to the instituted
heir, but he shall be subject to the
same charges and conditions
imposed upon such instituted heir.
Exceptions:
(1) When the testator has expressly
to the contrary;
(2) When the charges or conditions
are personally applicable only to the
heir instituted.

3. Fideicommissary
Requisites:
a. First heir (fiduciary) called to the
succession.
b. An obligation clearly imposed upon
such first heir to preserve the
property and to transmit it to the
second heir.
c. Second heir (fideicommissary) to
whom the property is transmitted by
the first heir.
Without the obligation clearly
imposing upon the first heir the
preservation of the property and its
transmission to the second heir,
there is no fideicommissary
substitution (Rabadilla vs. CA 334
SCRA 522)

NOTE: Pending transmission of property,
the fiduciary is entitled to all the rights
of a usufructuary, although the
fideicommissary is entitled to all the
rights of a naked owner.

Limitations:
a. Substitution must not go beyond one
degree from the heir originally
instituted.
b. Degree means degree of
relationship.
c. Fiduciary and fideicommissary must
be living at the time of the death of
the testator.
d. Substitution must not burden the
legitime of compulsory heirs.
e. Substitution must be made
expressly.
A fideicommissary substitution is
void if the first heir is not related in
the 1
st
degree to the second heir
(Ramirez vs. Vda. De Ramirez 111
SCRA 704)

K. CONDITIONAL, MODAL
TESTAMENTARY DISPOSITIONS, AND
TESTAMENTARY DISPOSITIONS WITH A
TERM (ART 871-885)

GENERAL RULE: The institution of an
heir may be made 1) conditionally, 2) for
a term, or 3) for a certain purpose or
cause (modal). Conditions, terms, and
modes however, are not presumed; they
must be clearly expressed in the will.
The condition must fairly appear from
the language of the will. Otherwise, it is
not binding.

LIMITATIONS:
1. The testator cannot impose any
charge, burden, encumbrance,
condition, or substitution whatsoever
upon the legitime of compulsory
heirs.
2. Impossible conditions and those
contrary to law or good customs are
presumed to have been imposed
erroneously or through oversight,
thus, are considered as not imposed.
3. An absolute condition not to
contract a first marriage is always
void and will be considered as not
written.
4. An absolute condition not to
contract a subsequent marriage is
generally void, unless imposed upon
a widow or widower by the deceased
spouse or by the latters ascendants
or descendants. Even so, however,
the legitime of the surviving spouse
cannot be impaired.

An absolute condition not to
contract marriage when validly
imposed is resolutory in character.
Consequently, if the testator
institutes his wife as heir subject to
the condition that she will never
marry again, she immediately
acquires a right to the inheritance
upon the death of testator, but if


CIVIL LAW COMMITTEE
Stephen
she violates the condition by
contracting a 2
nd
marriage, she loses
her right to said inheritance.

NOTE: However, the following relative
conditions regarding marriage have been
considered as valid and binding:
a. generic condition to contract
marriage;
b. specific condition to contract
marriage with a determinate
person; and
c. specific condition not to
contract marriage with a
determinate person.

5. Any disposition made upon the
condition that the heir shall make
some provisions in his will in favor of
the testator or of any other person
shall be void (disposicion
captatoria).
6. Conditions imposed by the testator
upon the heirs shall be governed by
the rules established for conditional
obligations in all matters not
provided for by the law on
succession.

Kinds of Conditions
1. Potestative Condition depends
exclusively upon the will of the heir,
devisee, or legatee, and must be
performed by him personally.
2. Causal Condition depends upon the
will of the heir, devisee, or legatee,
but upon the will of a third person.
3. Mixed depends jointly upon the will
of the heir, devisee, or legatee and
upon chance and/or will of a third
person.

Fulfillment of Conditions:
1. Potestative Conditions must be
fulfilled after the death of the
testator (except when it has already
been fulfilled and is of such nature
that it cannot be repeated);
2. Causal or mixed conditions may be
fulfilled either before or after such
death, unless the testator has
provided otherwise.

MODAL INSTITUTION (INSTITUCION SUB
MODO)
Attachment by the testator to an
institution of heir, or to a devise or
legacy, of a statement of the:
a. object of the institution;
b. application of the property left
by testator; or
c. charge imposed by him.

NOTES:
When in doubt as to whether there is
a condition or merely a mode,
consider the same as mode.
When in doubt as to whether there is
a mode or merely a suggestion,
consider same only as a suggestion.
The condition suspends but does
not obligate; the mode obligates
but does not suspend (for he who
inherits with a mode is already an
heir; one who inherits conditionally
is not yet an heir)

DOCTRINE of CONSTRUCTIVE
FULFILLMENT: When without the fault
of the fault of the heir, an institucion
sub modo cannot take effect in the exact
manner stated by the testator, it shall
be complied with in a manner most
analogous to and in conformity with his
wishes.

NOTE:
If the condition is casual, the
doctrine is not applicable since the
fulfillment of the event which
constitutes the condition is
independent of the will of the heir,
devisee/legatee. If the condition is
potestative or mixed, the doctrine is
applicable.

L. LEGITIMES (ARTS 886 914)
LEGITIME
That part of the testators property
which he cannot dispose of because
the law has reserved it for certain
heirs who are, therefore, called
compulsory heirs.



CIVIL LAW COMMITTEE
Stephen
The course of action to enforce a
legitime accrues upon the death of
the donor-decedent since it is only
then that the net estate may be
ascertained and on which basis, the
legitime may be determined.
(Imperial vs. CA 316 SCRA 313)

NOTE: One half of the estate is always
reserved for the primary or secondary
compulsory heirs. The other half is what
is termed under the NCC as the free
portion from which the legitime of the
concurring compulsory heirs are taken.
This free portion is different from the
disposable free portion over which the
testator has testamentary control. The
disposable free portion is that which
remains after the legitime has been
covered.

COMPULSORY HEIRS (CH)
Those for whom the legitime is
reserved by law, and who succeed
whether the testator likes it or not.
They cannot be deprived by the
testator of their legitime except by
disinheritance properly effected.

Kinds of Compulsory Heirs:
1. Primary those who have
precedence over and exclude other
CH. E.g. LCD.
2. Secondary those who succeed only
in the absence of the primary CH.
E.g. LPA or IP.
3. Concurring those who succeed
together with the primary or
secondary CH. E.g. ICD and SS.

If the testator is
a LEGITIMATE
person
If the testator is
an ILLEGITIMATE
person

1. Legitimate
children and
descendants
(LCD)

1. Legitimate
children and
descendants
(LCD)

2. In default of
the foregoing,
legitimate
parents and
ascendants
(LPA)

2. Illegitimate
children and
descendants
(ICD)

3. Surviving
spouse (SS)

3. In default of
the foregoing,
illegitimate
parents only
(IP)

4. Illegitimate
children and
descendants
(ICD)

4. Surviving
spouse (SS)

NOTES:
See Sections 17 & 18 of R.A. 8552.
By force of the Family Code,
adopted children are deemed
legitimate children of the adopters.
By force of the Family Code, IC
without distinction and so long as
their filiation is duly established or
proved in accordance with law, are
each entitled to 1/2 of the legitime
of a LC, thus abrogating the 5:4 ratio
between natural and non-
natural IC.

RULES:
1. Direct descending line
a. Rule of preference between lines
b. Rule of proximity
c. Right of representation ad
infinitum in case of predecease,
incapacity, or disinheritance (LC:
LD only; IC: both LD and ID)
d. If all the LC repudiate their
legitime, the next generation of
LD succeed in their own right
2. Direct ascending line
a. Rule of division by lines
b. Rule of equal division
3. Non-impairment of legitime

TABLE OF LEGITIMES
SURVIVOR LEGITIME NOTES

LC

Divide by the
# of LC,
whether they
survive alone
or with
concurring
CH.

1 LC
SS

2 or more
LC

equal to 1



CIVIL LAW COMMITTEE
Stephen
SS LC

LC
IC

of 1 LC

LC
SS
IC

of 1 LC

All the
concurring CH
get from the
half free
portion, the
share of the
SS having
preference
over that of
the IC, whose
share may
suffer
reduction pro
rata because
there is no
preference
among
themselves.

LPA

Whether they
survive alone
or with
concurring
CH.

LPA
IC

IC succeed in
the in
equal shares.

LPA
SS

LPA
SS
IC

1/8

IC

Divide equally
among the IC.

SS
IC

1/3
1/3

SS

1/3 if
marriage is in
articulo
mortis and
deceased
spouse dies
within 3 mos.
after the
marriage.

IP

IP
Any child

-excluded-
It depends

Children
inherit in the
amounts
established in
the foregoing
rules.

IP
SS

Only the
parents are of
IC are
included.
Grandparents
and other
ascendants
are excluded.

STEPS IN DETERMINING THE LEGITIME
OF COMPULSORY HEIRS:
1. Determination of the gross value of
the estate at the time of the death
of the testator;
2. Determination of all debts and
charges which are chargeable
against the estate;
3. Determination of the net value of
the estate by deducting all the debts
and charges from the gross value of
the estate;
4. Collation or addition of the value of
all donations inter vivos to the net
value of the estate;
5. Determination of the amount of the
legitime from the total thus found;
6. Imputation of the value of all
donations inter vivos made to
compulsory heirs against their
legitime and of the value of all
donations inter vivos made to
strangers against the disposable free
portion and restoration to the
hereditary estate if the donation is
inofficious; and
7. Distribution of the residue of the
estate in accordance with the will of
the testator

COLLATION
1. Fictitious mathematical process of
adding the value of the thing
donated to the net value of the
hereditary estate (Art. 908 and Arts.
1061-1077).
2. Act of charging or imputing such
value against the legitime of the


CIVIL LAW COMMITTEE
Stephen
compulsory heir to whom the thing
was donated (Arts. 1061-1077).
3. Actual act of restoring to the
hereditary estate that part of the
donation which is inofficious in order
not to impair the legitime of
compulsory heirs.

RESERVA TRONCAL (ART 891)
The reservation by virtue of which
an ascendant who inherits from his
descendant any property which the
latter may have acquired by
gratuitous title from another
ascendant or a brother or sister, is
obliged to reserve such property for
the benefit of relatives who are
within the 3
rd
degree and who belong
to the line from which such property
came.
It constitutes as an exception to
both the system of legitime and the
order of intestate succession.
Purposes:
1. To reserve certain property in favor
of certain persons;
2. To prevent persons outside a family
from acquiring, by some chance or
accident, property which otherwise
would have remained with the said
family;
3. To maintain a separation between
paternal and maternal lines.
NOTE: Considering the rationale for
reserva troncal which is to ultimately
revert ownership of property that
originally belongs to a line of relatives
but which by force of law passes to a
different line, the reserva would have no
reason to arise where the ascendants
who acquire the property themselves
belong to the line of relatives from
which the property was, in turn,
acquired by the descendant.

Requisites:
1. The property should have been
acquired by operation of law by an
ascendant (reservista) from his
descendant (propositus) upon the
death of the latter.
2. The property should have been
previously acquired by gratuitous
title by the descendant (propositus)
from another ascendant or from a
brother or sister (originator).
3. The descendant (propositus) should
have died without any legitimate
issue in the direct descending line
who could inherit from him.

Personal elements:
1. Originator the ascendant, or
brother or sister from whom the
propositus had acquired the property
by gratuitous title (e.g. donation,
remission, testate or intestate
succession);
2. Propositus the descendant who died
and from whose death the reservista
in turn had acquired the property by
operation of law (e.g. by way of
legitime or intestate succession). The
so-called arbiter of the fate of the
reserva troncal.
3. Reservista the ascendant, not
belonging to the line from which the
property came (Justice Vitug) that is
the only compulsory heir and is
obliged to reserve the property.
NOTE: Dr. Tolentino is of the view that
even if the reservista and the originator
belong to the same line, there is still an
obligation to reserve.
4. Reservatarios the relatives of the
propositus within the 3
rd
degree and
who belong to the line from which
the property came and for whose
benefit the reservation is
constituted. They must be related by
blood not only to the propositus but
also to the originator.

NOTE: All personal elements must be
joined by bonds of legitimate
relationship.

NOTE: In determining the right of the
reservatarios over the reservable
property, there are 2 events to consider:
1. Death of propositus: all qualified
reservatarios acquire an inchoate
right. Reservista owns the property
subject to a resolutory condition.
2. Death of reservista: surviving
reservatarios acquire a perfect right.

NOTE: The NCC did not provide for the
rules on how the reservatarios would
succeed to the reservista. However, the
following rules on intestacy have been
consistently applied:


CIVIL LAW COMMITTEE
Stephen
a. Rule of preference between lines
b. Rule of proximity
c. Right of representation
(provided that the
representative is a relative of
the descendant- propositus
within 3
rd
degree, and that he
belongs to the line from which
the reservable property came)
d. Full blood/double share rule
in Art. 1006

Property subject to reservation:
must be the same property which
the reservista had acquired by
operation of law from propositus
upon the death of the latter and
which the latter, in turn had
acquired by gratuitous title during
his lifetime from another ascendant,
brother/sister.

Obligations of Reservista:
(1) To make an inventory of all
reservable property;
(2) To appraise value of all
reservable movable property;
(3) To annotate in Registry of
property the reservable
character of all reservable
immovable property;
(4) To secure by mortgage (a)
restitution of movables not
alienated, (b) payment of
damages caused by his fault or
negligence, (c) return of price
received for movables alienated
and (d) payment of value of
immovable alienated.

A reservatorio may dispose of his
expentancy to the reservable
property during pendency of the
reserve in its uncertain and
conditional form. If he dies before
the reservista, he has not
transmitted anything, but if he
survives such reservista, the
transmission shall become effective.

A will may prevent the constitution
of a reserva. In case of testate
succession, only the legitime passes
by operation of law. The propositus
may, by will, opt to give the
legitime of his ascendant without
giving to the latter properties he had
acquired by gratuitous title from
another ascendant, or brother or
sister. In such case, a reserva troncal
is avoided.
However, if the ascendant was
not disentitled in the will to receive such
properties, the reserva minima rule
(proportional reserva) should be
followed. The rule holds that all
property passing to the reservista must
be considered as passing partly by
operation of law and partly by will of the
propositus. Thus, one half of the
properties acquired by gratuitous title
should be reservable, and the other half
should be free.

Causes for Extinguishment of Reserva
Troncal:
1. Death of reservatarios;
2. Death of all relatives of propositus
within the 3
rd
degree who belong to
the line from which the property
came;
3. Loss of the reservable property for
causes not due to the fault or
negligence of the reservista.
4. Waiver or renunciation by the
reservatarios;
5. Prescription of the right of the
reservatarios, when the reservista
holds the property adversely against
them in the concept of an absolute
owner;
6. Registration by the reservista of the
property as free property under the
Land Registration Act

M. DISINHERITANCE (ART 915 923)
A testamentary disposition by which
a person is deprived of, or excluded
from, the inheritance to which he
has a right.
A disinheritance properly effected
totally excludes the disinherited heir
from the inheritance. The
disinherited heir is deprived not only
of the legitime but also of such part
of the free portion that would have
passed to him by a previous will
(which is revoked, as inconsistent
with, the subsequent disinheritance)
or by intestate succession.



CIVIL LAW COMMITTEE
Stephen
Requisites:
1. Effected only through a valid will;
2. For a cause expressly stated by law;
3. Cause must be stated in the will
itself;
4. Cause must be certain and true;
5. Unconditional;
6. Total; and
7. The heir disinherited must be
designated in such a manner that
there can be no doubt as to his
identity.

Effects of Disinheritance:
1. Deprivation of the compulsory heir
who is disinherited of any
participation in the inheritance
including the legitime.
2. The children/descendants of the
person disinherited shall take his or
her place and shall preserve the
rights of compulsory heirs with
respect to the legitime.
3. The disinherited parent shall not
have the usufruct or administration
of the property which constitutes
the legitime.

IMPERFECT DISINHERITANCE
A disinheritance which does not have
one or more of the essential
requisites for its validity.
Effects:
1. If testator had made disposition of
the entire estate: annulment of the
testamentary dispositions only in so
far as they prejudice the legitime of
the person disinherited; does not
affect the dispositions of the
testator with respect to the free
portion.
2. If testator did not dispose of the free
portion: compulsory heir is given all
that he is entitled to receive as if
the disinheritance has not been
made, without prejudice to lawful
dispositions made by the testator in
favor of others.
3. Devises, legacies and other
testamentary dispositions shall be
valid to such extent as will not
impair the legitime.

IMPERFECT
DISINHERITANCE
PRETERITION

1. The person
disinherited may be
any compulsory heir

1. The person
omitted must be a
compulsory heir in
the direct line

2. Always express

2. Always implied

3.Always intentional

3. May be
intentional or
unintentional

4. Effect: Partial
annulment of
institution of heirs

4. Effect: Total
annulment of
institution of heirs

Common Causes for Disinheritance of
children or descendants, parents or
ascendants, and spouse:
1. When the heir has been found guilty
of an attempt against the life of the
testator, his/her descendants or
ascendants, and spouse in case of
children and parents;
2. When the heir has accused the
testator of a crime for which the law
prescribes imprisonment for 6 years
or more, if the accusation has been
found groundless;
3. When the heir by fraud, violence,
intimidation, or undue influence
causes the testator to make a will or
to change one already made;
4. Refusal without justifiable cause to
support the testator who disinherits
such heir.

Peculiar Causes for Disinheritance
1. Children/Descendants:
a. When the child/descendant has
been convicted of adultery or
concubinage with the spouse of
the testator;
b. Maltreatment of the testator by
word or deed by the
child/descendant;
c. When the child/descendant leads
a dishonorable or disgraceful
life; Conviction of a crime which
carries with it a penalty of civil
interdiction.



CIVIL LAW COMMITTEE
Stephen
2. Parents/Ascendants:
a. When the parents have
abandoned their children or
induced their daughters to live a
corrupt or immoral life, or
attempted against their virtue;
b. When the parent/ascendant has
been convicted of adultery or
concubinage with the spouse of
the testator;
c. Loss of parental authority for
causes specified in the Code; and
d. Attempt by one of the parents
against the life of the other,
unless there has been
reconciliation between them.
3. Spouse:
a. When the spouse has given
cause for legal separation; When
the spouse has given grounds for
the loss of parental authority.

Revocation of Disinheritance:
1. Reconciliation;
2. Subsequent institution of the
disinherited heir; and
3. Nullity of the will which contains the
disinheritance.

NOTE: Once disinheritance has been
revoked or rendered ineffectual, it
cannot be renewed except for causes
subsequent to the revocation or based
on new grounds.

RECONCILIATION
It is the resumption of genuine
cordial relationship between the
testator and the disinherited heir,
approximating that which prevailed
before the testator learned of the
cause for disinheritance, reciprocally
manifested by their actions
subsequent to the act of
disinheritance.
A subsequent reconciliation between
the offender and the offended
person deprives the latter of the
right to disinherit, and renders
ineffectual any disinheritance that
may have been made. (Art. 922)

NOTES:
Mere civility which may characterize
their relationship, a conduct that is
naturally expected of every decent
person, is not enough.
In order to be effective, the testator
must pardon the disinherited heir.
Such pardon must specifically refer
to the heir and to the acts causing
the disinheritance. The heir must
accept the pardon.
No particular form is required. It
may be made expressly or tacitly.

NOTE: Where the cause for
disinheritance is likewise a ground for
unworthiness to succeed, what is the
effect of a subsequent reconciliation
upon the heirs capacity to succeed?
1. If disinheritance has been made:
Rule on reconciliation applies. The
disinheritance becomes ineffective.
2. If disinheritance has not been made:
Rule on reconciliation does not
apply. The heir continues to be
incapacitated to succeed unless
pardoned by the testator under Art.
1033. The law effects the
disinheritance.

N. LEGACIES AND DEVISES (ARTS. 924
959)

Persons charged with legacies and
devises:
(1) compulsory heir;
(2) voluntary heir;
(3) legatee or devisee;
(4) estate

NOTES:
If the will is silent with regard to the
person who shall pay or deliver the
legacy/devise, there is a
presumption that such legacy or
devise constitutes a charge against
the decedents estate.
Since legacies and devises are to be
taken from the disposable free
portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.



CIVIL LAW COMMITTEE
Stephen
STATUS OF
PROPERTY GIVEN BY
LEGACY/DEVISE
EFFECT ON THE
LEGACY/DEVISE

1. Belonging to the
testator at the time of
the execution of the
will until his death

Effective

2. Belonging to the
will but alienated in
favor of a 3
rd
person

Revoked

3. Belonging to the
favor of the
legatee/devisee
gratuitously

No revocation.
There is a clear
intention to
comply with
legacy or devise.

4. Belonging to the
favor of the legatee or
devisee onerously

Legatee/devisee
can demand
reimbursement
from the heir or
estate

5. Not belonging to the
testator at the time
the will is executed but
he has ordered that the
thing be acquired in
order that it be given
to the legatee/devisee

Effective

the will is executed
and the testator
erroneously believed
that the thing
pertained to him

Void

the will is executed but
afterwards becomes his
by whatever title

Effective

8. Already belonged to
the legatee/devisee at
the time of the
execution of the will
even though another
person may have
interest therein

Ineffective

9. Already belonged to
the legatee or devisee
at the time of the
even though it may
have been
subsequently alienated
by him

Ineffective

10.Testator had
knowledge that the
thing bequeathed
belonged to a third
person and the
legatee/devisee
acquired the property
gratuitously after the

Legatee/devisee
can claim nothing
by virtue of the
legacy/devise

11.Testator had
knowledge that the
thing bequeathed
belonged to a third
person and the
legatee/devisee
acquired the property
by onerous title

Legatee/devisee
can demand
reimbursement
from the heir or
estate

ART. 911 ART. 950

Order of
preference:
(LIPO)

Order of preference:
(RPSESO)

1. Legitime of
compulsory
heirs
2. Donations inter
vivos
3. Preferential
legacies or
devices
4. All other
legacies or
devices pro
rata

1. Remuneratory
L/D
2. Preferential L/D
3. L for support
4. L for education
5. L/D of a specific,
determinate thing
which forms a part
of the estate
All others pro rata

Application:

Application:

(1) When the
reduction is
necessary to
preserve the
legitime of
compulsory heirs
from impairment
whether there are

(1) When there are
no compulsory heirs
and the entire estate
is distributed by the
testator as legacies
or devises; or



CIVIL LAW COMMITTEE
Stephen

donations inter
vivos or not; or
(2) When,
although, the
legitime has been
preserved by the
testator himself
there are
donations inter
vivos.

(2) When there are
compulsory heirs but
their legitime has
already been
provided for by the
testator and there
are no donations
inter vivos.

NOTES:
In case of reduction in the above
cases, the inverse order of payment
should be followed.

When the question of reduction is
exclusively among legatees and
devisees themselves, Article 950
governs; but when there is a conflict
between compulsory heirs and
devisees and legatees, Article 911
applies.

GROUNDS FOR REVOCATION OF
LEGACIES AND DEVISES (ART 957)
1. Testator transforms the thing
bequeathed in such a manner that it
does not retain either the form or
the denomination it had.

2. Testator by any title or for any cause
alienates the thing bequeathed, or
any part thereof, it being understood
that in the latter case the legacy or
devise shall be without effect only
with respect to the part alienated.
Except: when the thing should again
belong to the testator after
alienation.

3. Thing bequeathed is totally lost
during the lifetime of the testator,
or after his death without the heirs
fault

4. Other causes: nullity of the will;
noncompliance with suspensive
conditions affecting the bequests;
sale of the thing to pay the debts of
the deceased during the settlement
of his estate.

NOTE: LIST IS NOT EXCLUSIVE

II. LEGAL OR INTESTATE
SUCCESSION

That which is effected by operation
of law in the absence or default of a
will.

CAUSES OF INTESTACY
1. If a person dies without a will, or
with a void will, or one which has
subsequently lost its validity;
2. Absence of an institution of heir;
3. Partial institution of heir. In such
case, intestacy takes place as to the
undisposed portion (mixed
succession);
4. Non-fulfillment of suspensive
condition attached to the institution
of heir;
5. Predecease of the instituted heir;
6. Repudiation by the instituted heir;
7. Incapacity of instituted heir;
8. Preterition. Intestacy may be total
or partial depending on whether or
not there are legacies/devises;
9. Fulfillment of resolutory condition;
10. Expiration of term or period of
institution;
11. Non-compliance or impossibility of
compliance with the will.

NOTE: In all cases where there has been
an institution of heir, follow the
I.S.R.A.I. order of Justice Paras. If the
Institution fails, Substitution occurs. If
there is no substitute, the right of
Representation applies in the direct
descending line to the legitime if the
vacancy is caused by predecease,
incapacity, or disinheritance. The right
of Accretion applies to the free portion
when the requisites in Art. 1016 are
present. If there is no substitute, and
the right of Representation or Accretion
does not apply, the rules on Intestate
succession shall take over.

A. RULES
1. Rule of Preference between lines
Those in the direct descending
line shall exclude those in the
direct ascending and collateral
lines, and those in the direct
ascending line shall, in turn,


CIVIL LAW COMMITTEE
Stephen
exclude those in the collateral
line.
2. Rule of Proximity
The relative nearest in degree
excludes the more distant ones,
saving the right of
representation when it properly
takes place.
This rule is subject to the rule of
preference between lines.
3. Rule of Equal Division
Relatives in the same degree
shall inherit in equal shares.
EXCEPTIONS:
a) Division in the ascending line
(between paternal and maternal
grandparents);
b) Division among brothers and
sisters, some of whom are of the
full and others of half blood; and
c) Division In cases where the right
of representation takes place.
NOTE: This rule is subject to the
rule of preference between lines.
4. Rule of Barrier between the
legitimate family and the
illegitimate family
The illegitimate family cannot
inherit by intestate succession
from the legitimate family and
vice-versa.
5. Rule of Double Share for full blood
collaterals
When full and half-blood
brothers or sisters, nephews or
nieces, survive, the full blood
shall take a portion in the
inheritance double that of the
half-blood.

NOTE: In case of a disposition made in
general terms under Article 959, only the
Rule of Proximity applies.

B. RELATIONSHIP (ARTS. 963 969)
1. Number of generations determines
proximity.
2. Each generation forms a degree.
3. A series of degrees forms a line.
4. A line may be direct or collateral. A
direct line is that constituted by the
series of degrees among ascendants
and descendants (ascending and
descending).
5. A collateral line is that constituted
by the series of degrees among
persons who are not ascendants or
descendants, but who come from a
common ancestor.
6. Full blood: same father and mother;
half blood: only one of either parent
is the same.
7. In adoption, the legal filiation is
personal and exists only between the
adopter and the adopted. The
adopted is deemed a legitimate child
of the adopter (AP), but still remains
as an intestate heir of his natural
parents and other blood relatives.

C. RIGHT OF REPRESENTATION (RR)
(ARTS. 970 977)
A right created by fiction of law, by
virtue of which the representative is
raised to the place and degree of the
person represented, and acquires
the rights which the latter would
have if he were living or if he could
have inherited. The representative
is called to the succession by the law
not by the person represented. He
succeeds the one whom the person
represented would have succeeded.

NOTES:
In the direct line, representation
takes place ad infinitum in the
direct descending line, never in the
ascending.
In the collateral line, representation
takes place only in favor of the
children of brothers or sisters
(nephews and nieces), whether of
the full or half-blood, and only if
they concur with at least 1 uncle or
aunt.

1. Testamentary Succession
a) When a compulsory heir in the
direct descending line had
predeceased the testator and
was survived by his children or
descendants.
b) When a compulsory heir in the
direct descending line is
excluded from the inheritance
due to incapacity or
unworthiness and he has
children or descendants.
c) When a compulsory heir in the
direct descending line is
disinherited and he has children


CIVIL LAW COMMITTEE
Stephen
or descendants; representation
covers only the legitime.
d) A legatee/devisee who died
after the death of the testator
may be represented by his heirs.

2. Intestate Succession
a) When a legal heir in the direct
descending line had predeceased
the decedent and was survived
by his children or descendants.
b) When a legal heir in the direct
descending line is excluded from
the inheritance due to incapacity
or unworthiness and he has
children or descendants.
c) When brothers or sisters had
predeceased the decedent and
they had children or
descendants.
d) When illegitimate children
represent their illegitimate
parents who already died in the
estate of their grandparents.
e) When nephews and nieces inherit
together with their uncles and
aunts in representation of their
deceased parents who are the
brothers or sisters of said uncles
and aunts.

D. INTESTATE OR LEGAL HEIRS
Those who are called by law to the
succession either in the absence of a
will or of qualified heirs, and who
are deemed called based on the
presumed will of the decedent.

REGULAR ORDER OF SUCCESSION
(Decedent is a legitimate person):
1. Legitimate children or descendants
(LCD)
2. Legitimate parents or ascendants
(LPA)
3. Illegitimate children or descendants
(ICD)
4. Surviving spouse (SS)
5. Brothers and sisters, nephews and
nieces (BS/NN)
6. Other collateral relatives within the
5
th
degree (C5)
7. State

IRREGULAR ORDER OF SUCCESSION
(Decedent is an illegitimate person):
1. Legitimate children or descendants
(LCD)
2. Illegitimate children or descendants
(ICD)
3. Illegitimate parents (IP)
4. Surviving spouse (SS)
5. Brothers and sisters, nephews and
nieces (BS/NN)
6. State

ORDER OF CONCURRENCE
1. LCD, ICD, and SS
2. LPA, ICD, and SS
3. ICD and SS
4. SS and IP
5. BS/NN and SS
6. C5 (alone)
7. State (alone)

TABLE OF INTESTATE SHARES

SURVIVOR INTESTATE SHARE
Any class
alone
Entire estate
1 LC
SS
1/2
1/2
(Diongson vs. Cinco, 74
SCRA 118)
2 or more LC
SS
Consider SS as 1 LC,
then divide estate by
total number.
LPA
SS
1/2
1/2
LPA
SS
IC
1/2
1/4
1/4
IP
SS
1/2
1/2
(The law is silent. Apply
concurrence theory.)
SS
BS/NN
1/2
1/2
1 LC
SS
IC
First, satisfy legitimes.
Estate would be
insufficient. Reduction
must be made according
to the rules on
legitimes. The legitimes
of LCD and SS shall
always be first satisfied
in preference to the ICD.
2 or more LC
SS
IC
First, satisfy legitimes.
There would be an
excess in the estate.
Distribute such excess in


CIVIL LAW COMMITTEE
Stephen
the proportion 1:2:2, in
accordance with the
concurrence theory.

ORDER OF CONCURRENCE IN THE CASE
OF ADOPTED CHILD
SURVIVORS SHARE
1. LPA/IP
AP

2. LPA/IP
AP
SS

3. LPA
AP
ICD

4. LPA
AP
SS
ICD
1/3

1/3
1/3

CARDINAL PRINCIPLES OF INTESTATE
SUCCESSION (Justice Paras)
1. Even if there is an order of intestate
succession, the Compulsory Heirs
(CH) are never excluded. The Civil
Code follows the concurrence
theory, not the exclusion theory.
2. Right of Representation (RR) in the
collateral line occurs only in
intestate succession, never in
testamentary succession because a
voluntary heir cannot be represented
(collateral relatives are not CH).
3. The intestate shares are either equal
to or greater than the legitime.
4. GENERAL RULE: Grandchildren
always inherit by RR, provided
representation is proper.
EXCEPTION: Whenever all the
children repudiate, the
grandchildren inherit in their own
right because RR would not be
proper.
5. Nephews and nieces inherit either by
RR or in their Own Right (OR).
a. RR: when they concur with aunts
and uncles (provided that RR is
proper)

b. OR: when they do not concur
with aunts and uncles.
6. ICD of legitimates cannot represent
because of the barrier, but both the
ICD and LCD of illegitimates can.
7. There can be reserva troncal in
intestate succession.
8. A renouncer can represent, but
cannot be represented.
9. A person who cannot represent a
near relative cannot also represent a
relative farther in degree.

III. MIXED SUCCESSION OR
PARTIAL INTESTACY

Succession that is effected partly by
will and partly by operation of law.

RULES:
1. The law of legitimes must be brought
into operation in partial intestacy,
because the testamentary
dispositions can affect only the
disposable free portion but never the
legitimes.
2. If among the concurring intestate
heirs there are compulsory heirs,
whose legal or intestate portions
exceed their respective legitimes,
then the amount of the testamentary
disposition must be deducted from
the disposable free portion, to be
borne by all the intestate heirs in
the proportions that they are
entitled to receive from such
disposable free portion as intestate
heirs.
3. If the intestate share of a
compulsory heir is equal to his
legitime, then the amount of the
testamentary disposition must be
deducted only from the intestate
shares of the others, in the
proportions stated above.
4. If the testamentary dispositions
consume the entire disposable free
portion, then the intestate heirs who
are compulsory heirs will get only
their legitime, and those who are
not compulsory heirs will get
nothing.



CIVIL LAW COMMITTEE
Stephen
IV. PROVISIONS COMMON TO
TESTAMENTARY AND INTESTATE
SUCCESSIONS

A. RIGHT OF ACCRETION (A)
(ARTS 1015 1023)
A right by virtue of which, when two
or more persons are called to the
same inheritance, devise or legacy,
the part assigned to one who
renounce or cannot receive his
share, or who died before testator,
is added or incorporated to that of
his co-heirs, co-devisees, or co-
legatees.
A right based on the presumed will
of the deceased that he prefers to
give certain properties to certain
individuals, rather than to his legal
heirs.

Requisites:
1. 2 or more persons must have been
called to the same inheritance,
legacy or devise, or to the same
portion thereof, pro indiviso; and
2. there must be a vacancy in the
inheritance, legacy or devise
(caused by predecease, incapacity,
repudiation, nonfulfillment of
suspensive condition or void or
ineffective testamentary
dispositions.)

EFFECTS of PREDECEASE, INCAPACITY,
DISINHERITANCE, or REPUDIATION in
both TESTAMENTARY and INTESTATE
SUCCESSION
CAUSE OF
VACANCY
TESTAMENTARY
SUCCESSION
INTESTATE
SUCCES-
SION
(IS)
Legitime Free
Portion
Predecease 1. RR
2. IS
1. A
2. IS
1. RR
2. IS
Incapacity 1. RR
2. IS
1. A
2. IS
1. RR
2. IS
Disinheri-
tance
1. RR
2. IS
_ _
Repudia-
tion
IS A A

Summary:
(A) In testamentary succession:
(1) Legitime:
(a) In case of predecease of an
heir, there is
representation if there are
children or descendants; if
none, the others inherit in
their own right.
(b) In case of incapacity,
results are the same as in
predecease.
(c) In case of disinheritance,
results are the same as in
predecease.
(d) In case of repudiation by an
heir, the others inherit in
their own right.

(2) Disposable free portion:
Accretion takes place when
requisites are present; but if
such requisites are not present,
the others inherit in their own
right.

(B) In intestate succession:
(1) In case of predecease, there is
representation if there are children
or descendants; if none, the others
inherit in their own right.
(2) In case of incapacity, results are the
same as in predecease.
(3) In case of repudiation, there is
always accretion.

B. CAPACITY TO SUCCEED BY WILL OR
BY INTESTACY (ARTS. 1024 1040)

Requisites:
1. The heir, legatee/devisee must be
living or in existence at the moment
the succession opens; and
2. He must not be incapacitated or
disqualified by law to succeed.

THE FOLLOWING ARE INCAPABLE OF
SUCCEEDING:
A. Based on Undue Influence or
Interest: (PIGRAP)
1. Priest who heard the confession of
the testator during his last illness, or
the minister of the gospel who
extended spiritual aid to him during
the same period;
2. Individuals, associations and
corporations not permitted by law to
inherit;
3. Guardian with respect to
testamentary dispositions given by a
ward in his favor before the final
accounts of the guardianship have
been approved, even if the testator


CIVIL LAW COMMITTEE
Stephen
should die after the approval
thereof; nevertheless, any provision
made by the ward in favor of the
guardian when the latter is his
ascendant, descendant, brother,
sister, or spouse, shall be valid;
4. Relatives of such priest or minister
of the gospel within the 4
th
degree,
the church, order, chapter,
community, organization or
institution to which such priest or
minister may belong;
5. Attesting witness to the execution of
a will, the spouse, parents or
children, or any one claiming under
such witness, spouse, parents or
children; and
6. Physician, surgeon, nurse, health
officer or druggist who took care of
the testator during his last illness.

B. Based on Morality or Public Policy
(ART 739)
1. Those made in favor of a person with
whom the testator was guilty of
adultery or concubinage at the time
of the making of the will.
2. Those made in consideration of a
crime of which both the testator and
the beneficiary have been found
guilty.
3. Those made in favor of a public
officer or his spouse, descendants and
ascendants, by reason of his public
office

C. Based on Acts of Unworthiness
(A
4
F
3
P)
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
testator, his/her spouse,
descendants or ascendants;
3. Any person who has accused the
testator of a crime for which the law
prescribes imprisonment for 6 years
or more, if the accusation has been
found groundless;
4. Any person convicted of adultery or
concubinage with the spouse of the
testator;
5. Any heir of full age who, having
knowledge of the violent death of
the testator, 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 cases wherein,
according to law, there is no
obligation to make an accusation;
6. Any person who by fraud, violence,
intimidation, or undue influence
should cause the testator to make a
will or to change one already made;
7. Any person who falsifies or forges a
supposed will of the decedent; and
8. 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 will.

NOTE: The moment the testator uses
one of the acts of unworthiness as a
cause for disinheritance, he thereby
submits it to the rules on disinheritance.
Thus, reconciliation renders the
disinheritance ineffective.

PARDON OF ACTS OF UNWORTHINESS
EXPRESS IMPLIED
1. made by the
execution of a
document or any
writing in which the
decedent condones
the cause of
incapacity
1. effected when
testator makes a
will instituting the
unworthy heir with
knowledge of the
cause of incapacity
2. cannot be
revoked
2. revoked when
the testator
revokes the will or
the institution

C. ACCEPTANCE AND REPUDIATION OF
INHERITANCE (ARTS. 1041 1057)

Characteristics: (VIR)
1. Voluntary and free
2. Irrevocable, except if there is
vitiation of consent or an unknown
will appears
3. Retroactive

Requisites:
1. certainty of the death of the
decedent
2. certainty of the right to the
inheritance



CIVIL LAW COMMITTEE
Stephen
Acceptance vs. Repudiation:
(1) Acceptance involves the
confirmation of transmission of
successional rights, while
repudiation renders such
transmission ineffective.
(2) Repudiation is equivalent to an act
of disposition and alienation.
(3) The publicity required for
repudiation is necessary for the
protection of other heirs and also of
creditors.

Form of Acceptance
1. Express Acceptance one made in a
public or private document.
2. Tacit Acceptance one resulting from
acts by which the intention to
accept is necessarily implied or
which one would have no right to do
except in the capacity of an heir

Tacit acceptance is presumed from
certain acts of the heir as:
1. When heir sells, donates, or assigns
his right.
2. When heir renounces it for the
benefit of one or more heirs.
3. When renunciation is in favor of all
heirs indiscriminately for
consideration
4. Other acts of tacit acceptance
a. heir demands partition of the
inheritance
b. heir alienates some objects of
the inheritance
c. Under Art 1057, failure to signify
acceptance or repudiation within
30 days after an order of
distribution by the probate
court.

REPUDIATION must be made in a
public instrument (acknowledged
before a notary public) or authentic
document (equivalent of an
indubitable writing or a writing
whose authenticity is admitted or
proved) or by petition presented to
the court having jurisdiction over the
testamentary or intestate
proceeding.

Reason for formality: Law considers
that the act of repudiation is more
solemn than the act of acceptance
and that repudiation produces a
more violent and disturbing
consequences.

Heir in two capacities: An heir who
is such by will and by law, and he
repudiates the inheritance as a
testamentary heir, will be
considered to have repudiated the
inheritance as a legal heir. But when
an heir repudiates as a legal heir, he
may later on accept as a
testamentary heir.

D. COLLATION (ARTS. 1061-1077)
Every compulsory heir, who succeeds
with other compulsory heirs must
bring into the mass of the estate any
property or right which he may
received from the decedent, during
the lifetime of the latter, by way of
donation, or any other gratuitous
title, in order that it may be
computed in the determination of
the legitime of each heir, and in the
account of partition. (Art. 1061)
An act of returning or restoring to
the common mass of the estate,
either actually or fictitiously, any
property which a person may have
received from the decedent during
the latters lifetime, but which is
understood for legal purposes as an
advance from inheritance.

OPERATIONS RELATED TO COLLATION
1. Collation adding to the mass of the
hereditary estate the value of the
donation or gratuitous disposition
2. Imputing or Charging crediting the
donation as an advance on the
legitime (if the donee is a
compulsory heir) or on the free
portion (if the donee is a stranger)
3. Reduction determining to what
extent the donation will remain and
to what extent it is excessive or
inofficious.
4. Restitution return or payment of
the excess to the mass of hereditary
estate.



CIVIL LAW COMMITTEE
Stephen
Persons obliged to collate
1. GENERAL RULE: compulsory heirs
EXCEPTIONS:
a. When the testator should have so
expressly provided; and
b. When the compulsory heir should
have repudiated his inheritance
2. Grandchildren who survive with their
uncles, aunts, or 1
st
cousins, and
inherit by right of representation.

NOTE: Grandchildren may inherit from
grandparent in their own right (i.e. heirs
next in degree) and not by right of
representation if their parent repudiates
the inheritance of the grandparent, as
no living person can be represented
except in cases of disinheritance and
incapacity. In such case grandchildren
are not obliged to bring to collation
what their parent has received
gratuitously from their grandparent)

What to collate:
1. Any property or right received by
gratuitous title during the testators
lifetime
2. All that they may have received from
the decedent during his lifetime
3. All that their parents would have
brought to collation if alive

Properties not subject to collation (2
nd

concept):
1. Absolutely no collation (all
concepts):
a. Expenses for support, education
(elementary and secondary
only), medical attendance, even
in extraordinary illness,
apprenticeship, ordinary
equipment, or customary gifts
(Art. 1067).
2. Generally not imputable to legitime:
a. Expenses incurred by parents in
giving their children
professional, vocational or other
career unless the parents so
provide, or unless they impair
the legitime.
b. Wedding gifts by parents and
ascendants consisting of
jewelry, clothing, and outfit
except when they exceed 1/10
of the sum disposable by will.

E. PARTITION AND DISTRIBUTION OF
ESTATE (ARTS. 1078 1105)
It is the separation, division and
assignment of a thing held in
common among those to whom it
may belong. It includes every act
which is intended to put an end to
indivision among co-heirs, and
legatees or devisees, although it
should purport to be a sale,
exchange, compromise, or any other
transaction. It is not subject to any
form.

Who may effect partition:
1. decedent himself during his lifetime
by an act inter vivos or by will;
2. heirs themselves;
3. competent court;
4. 3
rd
person designated by the
decedent.

Who can demand partition:
1. compulsory heir;
2. voluntary heir;
3. legatee or devisee;
4. any person who has acquired interest
in the estate.

When partition cannot be demanded:
(PAPU)
1. when expressly prohibited by the
testator himself for a period not
exceeding 20 years;
2. when the co-heirs agreed that the
estate shall not be divided for a
period not exceeding 10 years,
renewable for another 10 years;
3. when prohibited by law;
4. when to partition the estate would
render it unserviceable for the use
for which it is intended.

Prohibition to Partition
1. The prohibition to partition for a
period not exceeding 20 years can be
imposed on the legitime.
2. If the prohibition to partition is for
more than 20 years, the excess is
void.
3. Even if a prohibition is imposed, the
heirs by mutual agreement can still
make the partition.



CIVIL LAW COMMITTEE
Stephen
PARTITION INTER VIVOS (ART 1080)
It is one that merely allocates
specific items or pieces of property
on the basis of the pro-indiviso
shares fixed by law or given under
the will to heirs or successors.

NOTE: Partition is not itself a mode of
acquiring ownership, nor a title
therefore. This partition, being
predicated on succession, necessitates
relationship to the decedent (in case of
intestacy) or a will duly probated (in
case of testacy). A partition inter vivos
made in favor of intestate heirs could be
operative. Dispositions, however, to non-
intestate heirs may suffer an
impediment unless based on a valid will,
except perhaps when such dispositions
are intended to take effect during the
life of the testator and the formalities of
donations are properly complied with.

EFFECTS OF INCLUSION OF INTRUDER
IN PARTITION:
1. Between a true heir and several
mistaken heirs partition is VOID.
2. Between several true heirs and a
mistaken heir transmission to
mistaken heir is VOID.
3. Through error or mistake, share of
true heir is allotted to mistaken heir
partition shall not be rescinded
unless there is bad faith or fraud on
the part of the other persons
interested, but the latter shall be
proportionately obliged to pay the
true heir of his share
NOTE: partition with respect to the
mistaken heir is VOID.

A VOID WILL MAY BE A VALID
PARTITION:
1. If the will was in fact a partition;
and
2. If the beneficiaries in the void will
were legal heirs.



CIVIL LAW COMMITTEE
Stephen

San Beda Civil Law Memory Aid Covers Succession Topics

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

San Beda Civil Law Memory Aid Covers Succession Topics

Caricato da

Copyright:

Formati disponibili

San Beda College of Law 53

MEMORY AID IN CIVIL LAW

Potrebbero piacerti anche