Civil Law: Succession (quick reviewer – based on RFB’s powerpoint) Atty.

Balane

Succession (3) Concurring heirs: surviving spouse; illegitimate children and/or

Professor Ruben F. Balane descendants (succeed as compulsory heirs together with primary
or secondary heirs except only that illegitimate
children/descendants exclude illegitimate parents
I. Successional system under Phil. Law – partial reservation
5. Combinations
II. Kinds of Succession:
(1) Legitimate children alone: 1/2 of the estate divided equally (Art.
1. Compulsory
888)
2. Testamentary
3. Intestate
(2) Legitimate children and surviving spouse:
a. Legitimate chilren: 1/2 of the estate
III. Compulsory
b. Surviving spouse: a share equal to that of one child (Art.
892, par. 2)
1. Legitime Definition: Art. 886
(3) One legitimate child and surviving spouse:
Article 886. Legitime is that part of the testator's property which he
a. One legitimate child: 1/2 of the estate
cannot dispose of because the law has reserved it for certain heirs
b. Surviving spouse: 1/4 of the estate (Art. 892, par. 1)
who are, therefore, called compulsory heirs. (806)
(4) Legitimate children and illegitimate children
2. Legitime inviolate – Art. 904
a. Legitimate children: 1/2 of the estate
b. Illegitimate children: Each will get 1/2 of share of one
Article 904. The testator cannot deprive his compulsory heirs of their
legitimate child (Art. 176, Family Code)
legitime, except in cases expressly specified by law.
(5) Legitimate children, illegitimate children, and surviving spouse
3. No contract, agreement, renunciation, or compromise on
a. Legitimate children: 1/2 of the estate
legitime or inheritance – Art. 905 and Art. 1347 par. 2, Tanedo v.
b. Illegitimate children: EACH will get 1/2 of share of one
CA, 252 SCRA 80 [1996]
legitimate child
c. Surviving spouse: a share equal to that of one legitimate
Article 905. Every renunciation or compromise as regards a future
child. The surviving spouse's share is preferred over those of
legitime between the person owing it and his compulsory heirs is void,
the illegitimate children which shall be reduced if necessary
and the latter may claim the same upon the death of the former; but
(Art. 895)
they must bring to collation whatever they may have received by
virtue of the renunciation or compromise. (816)
(6) One legitimate child, illegitimate children, and surviving spouse
a. Legitimate child: 1/2 of the estate
4. Kinds of compulsory heirs:
b. Illegitimate children: EACH will get 1/2 of share of the
(1) Primary heirs: legitimate children and or descendants (preferred
legitimate child
over, and exclude the secondary)
c. Surviving spouse: 1/4 of the estate. The surviving spouse's
(2) Secondary heirs: legitimate parents and/or ascendants;
share is preferred over those of the illegitimate children,
illegitimate parents (Receive legitimes only in default of primary)
which shall be reduced if necessary (Art. 895)
 Legitimate parents/ascendants: only in default of
legitimate children/descendants
(7) Legitimate parents alone: 1/2 of the estate (Art. 889)
 Illegitimate parents: only in default of any kind of
children/descendants
(8) Legitimate parents and illegitimate children

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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
a. Legitimate parents: 1/2 of the estate
b. Illegitimate children: 1/4 of the estate (Art. 896)
(9) Legitimate parents and surviving spouse
a. Legitimate parents: 1/2 of the estate
b. Surviving spouse: 1/4 of the estate (Art. 893)
(10) Legitimate parents, illegitimate children, and surviving spouse
a. Legitimate parents: 1/2 of the estate
b. Illegitimate children: 1/4 of the estate
c. Surviving spouse: 1/8 of the estate (Art. 899)
(11) Surviving spouse alone: 1/2 of the estate (or 1/3 if the marriage
being in articulo mortis, falls under Art. 900 par. 2) (Art. 900, par.
1)
Marriage in articulo mortis: requisites
1. The marriage is in articulo mortis
2. The testator died within three months from the time of the
marriage
3. The parties did not cohabit for more than 5 years; and
4. The spouse who died was the party in articulo mortis at the
time of the marriage
(12) Surviving spouse and illegitimate children
a. Surviving spouse: 1/3 of the estate
b. Illegitimate children: 1/3 of the estate (Art. 894)
(13) Surviving spouse and illegitimate parents
a. Surviving spouse: 1/4 of the estate
b. Illegitimate parents: 1/4 of the estate (Art. 903)
(14) Illegitimate children alone: 1/2 of the estate (Art. 901)
(15) Illegitimate parents alone: 1/2 of the estate (Art. 903)
6. Basic legitime; exceptions
(1) Art. 894: surviving spouse and illegitimate children (1/3, 1/3)
(2) Art. 900, par. 2: surviving spouse in a marriage in articulo mortis,
with the conditions specified in that article (1/3)
(3) Art. 903: surviving spouse and illegitimate parents (1/4, 1/4)
Lesley
Atty. Balane
7. Legitimate children and descendants (representation)
 Legitimate descendants: nearer exclude the more remote.
The qualification to this rule is representation (succession per
stirpes) when proper
8. Adopted children
 “SEC. 18. Succession. – In legal and intestate succession, the
adopter(s) and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parent(s) had
left a will, the law on testamentary shall govern.”
 No representation: Teotico v. Del Val, 13 SCRA 406
[1965]; Sayson v. CA, 205 SCRA 321 [1992]
o Teotico v. Del Val: An adopted can neither
represent nor be represented. The relationship
established by adoption is limited solely on the
adopter and the adopted.
o Sayson v. CA: While it is true that the adopted
child shall be deemed to be a legitimate child and
have the same rights as the latter, these rights do
not include the right of representation. The
relationship created by the adoption is between only
the adopting parents and the adopted and does not
extend to the blood relatives of either party
 Can an adopted child inherit ab intestato from his biological
parents – In Re Adoption of Stephanie Garcia (454 SCRA 541
[2005]). Obiter: Under Art. 189(3) of FC & Sec. 18 of RA
8552, the adoptee remains an intestate heir of the biological
parent.
9. Surviving spouse - when concurring with legitimate children
10. Legitimate parents & ascendants: 3 rules (Arts. 889-890)
(1) The nearer exclude the more remote
(2) Division by line
(3) Equal division within the line
11. Illegitimate children - 2: 1 (Art. 176, FC)
 Representation: Art. 902 (compare with Art. 992)
 Article 902. The rights of illegitimate children set forth in the
preceding articles are transmitted upon their death to their
descendants, whether legitimate or illegitimate
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint) Atty. Balane

 Article 992. An illegitimate child has no right to inherit ab  Effect of preterition: Nuguid v. Nuguid, 17 SCRA 449
intestato from the legitimate children and relatives of his [1966]; Acain v. IAC, 155 SCRA 100 [1987]
father or mother; nor shall such children or relatives inherit o Nuguid v. Nuguid: Preterition shall annul the
in the same manner from the illegitimate child institution of heir. This annulment is in toto, unless
 It should be noted that the illegitimate child can be in the will there are, in addition, testamentary
represented by both legitimate and illegitimate descendants, dispositions in the form of devises or legacies
as distinguished from the legitimate child, who can be o Acain v. Acain: Preterition annuls the institution of
represented only by legitimate descendants (successional an heir and annulment throws open to intestate
bar) succession the entire inheritance. The only
provisions which do not result in intestacy are
12. Preterition legacies and devises made in the will for they
 Article 854. The preterition or omission of one, some, or all should stand valid and respected, except insofar as
of the compulsory heirs in the direct line, whether living at the legitimes are concerned
the time of the execution of the will or born after the death  When preterition can be determined – Only upon
of the testator, shall annul the institution of heir; but the testator’s death JLT Agro v.Balasag, 453 SCRA 211 [2005]
devises and legacies shall be valid insofar as they are not o JLT Agro v. Balansag: The determination of
inofficious. whether or not there are preterited heirs can be
made only upon the testator’s death.
If the omitted compulsory heirs should die before the
testator, the institution shall be effectual, without prejudice Note: Art. 855
to the right of representation. (814a) Kind of Predecease Incapacity Renunciation Disinheritance
 Meaning of preterition - Seangio v. Reyes 508 SCRA 177 Heir
Compulsor 1. Transmits 1. Transmits 1. Transmits 1. Transmits
[2006]
y nothing nothing nothing nothing
o For there to be preterition, the heir in question must 2. Representation 2. Representation 2. No 2. Representatio
have received NOTHING from the testator by way representat n
of: ion
(1) Testamentary succession Voluntary 1. Transmits 1. Transmits 1. Transmits Not applicable
(2) Legacy or devise nothing nothing nothing
2. No 2. No 2. No
(3) Donation inter vivos representation representation represent
(4) Intestacy ation
Legal 1. Transmits 1. Transmits 1. Transmit Not applicable
o Preterition means therefore: TOTAL omission in the nothing nothing s nothing
inheritance 2. Representatio 2. Representatio 2. No
n n represen
o Seangio v. Reyes: What constitutes preterition is tation
not omission in the sense of not being mentioned in
the will but being completely left out of the
inheritance 13. Reserva Troncal
 Who can be preterited: A compulsory heir in the direct  Art. 891: The ascendant who inherits from his descendant any
line, “whether living at the time of the execution of the will property which the latter may have acquired by gratuitous title
or born after the death of the testator” [should be read from another ascendant, or a brother or sister, is obliged to
“whether living at the time of the execution of the will or reserve such property as he may have acquired by operation of
born subsequently, even after the testator’s death] law for the benefit of relatives who are within the third degree
and who belong to the line from which said property came. (871)

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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
 Purpose: The reserva troncal is a special rule designed primarily
to assure the return of the reservable property to the third
degree relatives belonging to the line from which the said
property originally came, and to avoid its being dissipated by the
relatives of the inheriting ascendant (reservista)
 Requisites of reserva troncal
1. That the property was acquired by a person from an
ascendant or from a brother or sister by gratuitous title
2. That said person died without legitimate issue
3. That the property is inherited by another ascendant by
operation of law; and
4. That there are relatives within the third degree belonging to
the line from which said property came
 Process
1. First transfer: By gratuitous title (by donation or succession
of any kind) from a person to his descendant, brother, or
sister
2. Second transfer: By operation of law (legitime or intestate
succession, not testamentary succession), from the
transferee of the first transfer to another ascendant. It is this
second transfer which creates the reserva
3. Third transfer: From the transferee in the second transfer
to the relatives – reservatarios
 Parties (there are four parties)
1. Origin or Mediate Source: the transferor in the first transfer
2. Prepositus: the first transferee, who is a descendant or
brother/sister of the Origin
3. Reservista (Reservor): the ascendant obliged to reserve
4. Reservatarios (Reservees): the relatives benefited (must be
within third degree of consanguinity from prepositus and
must belong to the line from which said property came 
this is determined by the Origin/Mediate Source)
o Siblings as mediate source: two schools of thought
o Should Origin and Reservista belong to different lines:
two schools of thought
o Should Reservatario be related to mediate source: two
schools of thought
Lesley
Atty. Balane
 Nature
o Nature of Reservista’s right
1. The reservista’s right over the reserved property is
one of ownership
2. The ownership is subject to a resolutory condition,
i.e. the existence of reservatarios at the time of the
reservista’s death
3. The right of ownership is alienable, but subject to
the same resolutory condition
4. The reservista’s right of ownership is registrable
o Nature of Reservatario’s Right
1. The reservatarios have a right of expectancy over
the property
2. The right is subject to a suspensive condition, i.e.,
the expectancy ripens into ownership if the
reservatarios survive the reservista
3. The right is alienable, but subject to the same
suspensive condition
4. The right is registrable
 Rights and Obligations
(Rights of reservatarios and the corresponding obligations of the
reservista)
1. To inventory properties
2. To annotate the reservable character in the Registry of
Property within 90 days from acceptance by reservista
3. To appraise the movables
4. To secure by means of mortgage: a. the indemnity for any
deterioration of or damage to the property occasioned by the
reservista’s fault or negligence, and b. the payment of the
value of such reserved movables as may have been alienated
by reservista onerously or gratuitously
 Extinguishment of Reserva Troncal
1. The death of the reservista
2. The death of ALL the reservatarios (note: if one subscribes to
the view that the reservista can belong to the line of origin,
this will not ipso facto extinguish the reserve because the
reservista could have a child subsequently who would be a
reservatario
3. Renunciation by ALL the reservatarios, provided that no
other reservatario is born subsequently
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
4. Total fortuitous loss of the reserved property
5. Confusion or merger of rights, as when the reservatarios
acquire the reservista’s right by a contract inter vivos
6. Prescription or adverse possession
 How to detect Reserva Troncal
o Is an ascendant inheriting from a descendant? (Be
particularly careful if a minor or infant dies).
o Is it by compulsory/ intestate succession?
o Did the descendant acquire it by gratuitous title from
another ascendant or brother/sister?
14. Disinheritance and unworthiness: grounds and effect
 Disinheritance: Arts. 915-923
 Requisites of disinheritance:
1. It must be made in a will
2. It must be for a cause specified by law
3. The will must specify the cause
4. It must be unconditional
5. It must be total
6. The cause must be true
7. If the truth of the cause is denied, it must be proved by the
proponent
 Effect of disinheritance: The effect of disinheritance is not just
deprivation of the legitime but TOTAL exclusion of the
disinherited heir from the inheritance (legitime, intestate portion,
any testamentary disposition made in a prior will of the
disinheriting testator)
 Article 919. The following shall be sufficient causes for
the disinheritance of children and descendants, legitimate
as well as illegitimate:
(1) When a child or descendant has been found guilty of an
attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(2) (2) When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found groundless;
(3) (3) When a child or descendant has been convicted of
adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation,
or undue influence causes the testator to make a will or to
change one already made;
Lesley
Atty. Balane
(5) A refusal without justifiable cause to support the parent or
ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or
descendant;
(7) When a child or descendant leads a dishonorable or
disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil
interdiction. (756, 853, 674a)
 Article 920. The following shall be sufficient causes for
the disinheritance of parents or ascendants, whether
legitimate or illegitimate:
(1) When the parents have abandoned their children or induced
their daughters to live a corrupt or immoral life, or attempted
against their virtue;
(2) When the parent or ascendant has been convicted of an
attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a
crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found to be false;
(4) When the parent or ascendant has been convicted of
adultery or concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence,
intimidation, or undue influence causes the testator to make
a will or to change one already made;
(6) The loss of parental authority for causes specified in this
Code;
(7) The refusal to support the children or descendants without
justifiable cause;
(8) An attempt by one of the parents against the life of the
other, unless there has been a reconciliation between them.
(756, 854, 674a)
 Article 921. The following shall be sufficient causes for
disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against
the life of the testator, his or her descendants, or
ascendants;
(2) When the spouse has accused the testator of a crime for
which the law prescribes imprisonment of six years or more,
and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue
influence cause the testator to make a will or to change one
already made;
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental
authority;
(6) Unjustifiable refusal to support the children or the other
spouse. (756, 855, 674a)
 Article 1032. The following are incapable of succeeding
by reason of unworthiness:
(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 or her spouse, descendants, or
ascendants;
(3) Any person who has accused the testator of a crime for
which the law prescribes imprisonment for six years or more,
if the accusation has been found groundless;
(4) 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;
(5) Any person convicted of adultery or concubinage with the
spouse of the testator;
(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 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;
(8) Any person who falsifies or forges a supposed will of the
decedent. (756, 673, 674a)
 Effect of unworthiness: Unworthiness gives rise to total
disqualification, i.e., the unworthy heir is incapacitated to succeed
from the offended party by any form of succession: legitime,
testamentary, intestate
 Thus, unworthiness and disinheritance have identical effects.
Unworthiness is disinheritance imposed by law
Lesley
Atty. Balane
15. Representation
 Representation: Arts. 970-977
 Instances when representation operates:
1. Predecease
2. Incapacity or unworthiness
3. Disinheritance
 Instance when representation never operates: renunciation
 In what kinds of succession representation operates:
1. Legitime
2. Intestacy
 There is no representation in testamentary
succession
 In what lines does representation obtain
1. With respect to the legitime: in the direct descending
line only (Art. 972)
2. With respect to intestacy:
(1) In the direct descending line
(2) In one instance in the collateral: nephews and
nieces and nieces representing brothers and sisters
of the deceased (Art. 975)
 Representation by illegitimate children:
1. If the child to be represented is legitimate: only
legitimate children/descendants can represent him (Art.
992)
2. If the child to be represented is illegitimate: both
legitimate and illegitimate children/descendants can
represent him (Articles 902, 989, 990)
 Representation of and by an adopted child: an adopted can
neither represent nor be represented
 Representation by renouncer: although a renouncer cannot
be represented, he can represent the person whose
inheritance he has renounced (Art. 976)
 How representation operates: per stirpes  the
representative/s receive only what the person represented
would have received
 Rules on Qualification
1. The representative must be qualified to succeed the
decedent (Art. 973)
2. The representative need not be qualified to succeed the
person represented (Art. 971)
3. The person represented need not be qualified to
succeed the decedent
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
 Representation by grandchildren and Representation
by nephews/nieces: Difference in Rule
1. If all the children are disqualified: the grandchildren still
inherit by representation (Art. 982)
2. If all the brothers/sisters are disqualified: The
nephews/nieces inherit per capita (Art. 975)
 If only some, not all children or
brothers/sisters are disqualified, the rule is
the same
IV. Testamentary
1. Can never impair legitime
2. Two kinds of wills and requirements (common and special)
(1) Attested wills
(2) Holographic wills
 Common requirement: Art. 804. Every will must be in writing
and executed in a language or dialect known to the testator.
 Articles 805-808: special requirements for attested wills
 Articles 810-814: special requirements for holographic wills
 Noble v. Abaja, 450 SCRA 265 [2005] – Attestation clause
need not state compliance with language requirement.
 Matias v. Salud & Payad v. Tolentino: The legal requisite that
the will should be signed by the testator is satisfied by a
thumbprint/thumbmark or other mark affixed by him
 Garcia v. Lacuesta, 90:489 (cross): We are not prepared to
liken the mere sign of the cross to a thumbmark and the
reason is obvious. The cross cannot and does not have the
trustworthiness of a thumbmark (EXCEPTION: testator’s
usual manner of signature or one of his ways of signing)
 Nera v. Rimando, 18:450 (“in presence of”): Signing in the
presence of witnesses: The question whether the testator
and the subscribing witnesses to an alleged will sign the
instrument in the presence of each other does not depend
upon proof of the fact that their eyes were actually cast upon
the paper at the moment of its subscription by each of them,
but that at that moment existing conditions and their position
with relation to each other were such that by merely casting
their eyes in the proper direction they could have seen each
other sign.
 Barut v. Cabacungan, (21:461) – what agent must write:
With respect to the validity of the will, it is unimportant
whether the person who writes the name of the testatrix
Lesley
Atty. Balane
signs his own or not. The important thing is that it clearly
appears that the name of the testatrix was signed at her
express direction in the presence of three witnesses and that
they attested and subscribed it in her presence and in the
presence of each other. The main thing to be established in
the execution of the will is the signature of the testator.
 Cagro v. Cagro, 92:1032; reiterated in Azuela v. CA, 487
SCRA 119 [2006] place of signing of attestation clause: The
signatures of the witnesses must be at the bottom of the
attestation clause.
 Ortega v. Valmonte, 478 SCRA 247 [2005] – Discrepancy in
date of attested will & acknowledgment date does not
invalidate will.
 Guerrero v. Bihis, 521 SCRA 394 [2007] – notarization
outside place of notary’s commission: The will is not valid
because there was no proper acknowledgment before the
notary public who acted outside the limits of his territorial
jurisdiction.
 Cruz v. Villasor, 54 SCRA 31[1973] (one of witnesses as
notary): The notary public cannot be counted as one of the
attesting witnesses, since he cannot acknowledge before
himself his having signed the will.
 Garcia v. Vasquez, 32 SCRA 489 [1970] – Art. 808
mandatory: The provision of Article 808 is mandatory. The
rationale behind the requirement of reading the will to the
testator if he is blind or incapable of reading the will himself
(as when he is illiterate) is to make the provisions thereof
known to him, so that he may be able to object if they are
not in accordance with his wishes.
 Alvarado v. Gaviola (226 SCRA 348 [1993]) – liberal
construction of Art. 808: That Art. 808 was not followed
strictly is beyond cavil. Instead of the notary public and an
instrumental witness, it was the lawyer who read the same
aloud to the testator and read them only once not twice, as
Art. 808 requires. This Court has held in a number of
occasions that substantial compliance is acceptable where
the purpose of the law has been satisfied.
 Caneda v. CA (222 SCRA 781 [1993]) – proper application of
Art. 809: The rule must be limited to disregarding those
defects that can be supplied by an examination of the will
itself: whether all the pages are consecutively numbered,
whether the signatures appear in each and every page;
whether the subscribing witnesses are three or the will was
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
notarized. All these are facts that the will itself can reveal,
and defects or even omissions concerning them in the
attestation clause can be safely disregarded. But the total
number of pages, and whether all persons required to sign
did so in the presence of each other must substantially
appear in the attestation clause, being the only check against
perjury in the probate proceedings. We stress once more
that under Article 809, the defects or imperfections would
not render a will invalid should it be proved that the will was
really executed and attested in compliance with Article 805.
In this regard, however, the manner of proving the due
execution and attestation has been held to be limited to
merely an examination of the will itself, without resorting to
evidence aliunde, whether oral or written.
 Azuela v. CA, 487 SCRA 119 [1982] – Failure of attestation
clause to state number of pages is a fatal flaw.
 Labrador v. CA (184 SCRA 170 [1990]) Holographic will may
be dated anywhere
3. Requirement of probate: two kinds of probate (post mortem and
ante mortem)
(1) Probate mandatory (Guevara v. Guevara,74:479; Seangio v.Reyes,
508 SCRA 177 [2006], Heirs of Lasam v. Umengan, 510 SCRA496
[2006])
(2) Probate conclusive as to due execution and formal validity:
1. That the testator was of sound and disposing mind
2. That his consent was not vitiated
3. That will was signed with required number of witnesses
4. That will is genuine Gallanosa v. Arcangel, 83 SCRA 675 [1978]
(reiterated in Nufable v.Nufable, 309 SCRA 692 [1999]; Dorotheo
v. CA, 320 SCRA 12 [1999])
Dorotheo v. CA:
Formal validity encompasses:
1. Whether the will submitted is indeed the decedent’s last will and
testament;
2. Compliance with the prescribed formalities for the execution of
wills
3. Testamentary capacity
4. Due execution of the will.
Lesley
Atty. Balane
Due execution means:
1. The testator’s sound and disposing mind
2. Freedom from vitiating factors (duress, menace, undue influence)
3. Will genuine, not forgery
4. Proper testamentary age
5. The testator is not expressly prohibited by law from making a
will.
(3) Rules for probate of holographic will (Art. 811)
 Gan v. Yap, 104:509: In the probate of a holographic will,
the document itself must be produced. Therefore, a lost
holographic will cannot be probated. The law regards the
document itself as the material proof of authenticity.
 Rodelas v. Aranza, 119 SCRA 16 [1982]: Exception to Gan: A
photostatic or Xerox copy of a lost holographic will may be
allowed because comparison can be made with the standard
writings of the testator.
 Codoy v. Calugay, 312 SCRA 333 [1999]: Art. 811 of the Civil
Code is mandatory. The word “shall” connotes a mandatory
order. Comment: Codoy rather than reversing Azaola, may
have affirmed it – The decisive factor is not quantity, but
quality.
 Azaola v. Singson,109:10 [1960]: The three witness provision
in case of contested holographic wills is directory, not
mandatory.
 Article 814. In case of any insertion, cancellation, erasure
or alteration in a holographic will, the testator must
authenticate the same by his full signature. (n)
o Non-compliance with Art. 814: The will is not
thereby invalidated as a whole, but at most only as
regards the words erased, corrected, interlined,
UNLESS the portion involved is an essential part of
the will, such as the date.
4. Accretion: Articles 1015-1023:
(1) Occasions for the operation of accretion (Art. 1015)
a. Renunciation
b. Predecease
c. Incapacity
(2) Requisites (Article 1016)
a. Two or more persons are called to the same inheritance, or the
same portion thereof, pro indiviso
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint) Atty. Balane

b. Renunciation, predecease, or incapacity of one or more but less has obviously followed this interpretation. The Code clearly
than all, of the instituted heirs indicates that the second heir must be related to and be one
(3) Accretion happens in testamentary and intestate succession generation from the first heir. From this, it follows that the
(4) No accretion in the legitime fideicommissary can only be either a child or a parent of the first
(5) In intestacy, accretion occurs: heir. These are the only relatives who are one generation or
a. In repudiation or renunciation degree from the fiduciary.
b. In predecease, only if representation does not take place o Balane comment: It is not very clear to this writer
c. In incapacity or unworthiness, only if representation does not how the phrase “one degree from the heir originally
take place substituted” clearly indicates that the second heir must
 In intestacy, accretion is subordinate to be related to and be one generation from the first heir,
representation and thereby sweeps aside the theory that degree simply
(6) The co-heirs in whose favor accretion occurs must be co-heirs in the means “transfer.”
same category as the excluded heir  PCIB v. Escolin, 56 SCRA 266 [1974]: There is no
(7) In testamentary succession, accretion is subordinate to substitution, if fideicommissary substitution, because there is no obligation
the testator has so provided imposed thereby on the part of C.N. Hodges (husband) to
preserve the estate or any part thereof for anyone else. The
5. Substitutions brothers and sisters are instituted simultaneously with Hodges,
 Articles 857-870 subject to a resolutory condition insofar as Hodges was
 Substitution: Substitution is the appointment of another heir so concerned and correspondingly a suspensive condition with
that he may enter into the inheritance in default of, or respect to his brothers and sisters-in-law.
subsequent to, the heir originally instituted
 Kinds of substitution 6. Conditions, terms, and modes (disposición captatoria, caución
(1) Simple or common Muciana)
(2) Brief or compendious  Articles 871-885
(3) Reciprocal  Three kinds of testamentary dispositions under this
(4) Fideicommissary section
 Causes for simple substitution (Art. 859) (1) Conditional dispositions
(1) Predecease of first heir (2) Dispositions with a term
(2) Renunciation of the first heir (3) Dispositions with a mode
(3) Incapacity of the first heir
 Elements of fideicommissary substitution (Art. 863) 7. Revocation/Ways of revoking (Arts. 828-834)
(1) A first heir (fiduciary) who takes the property upon the  Rules for revocation
testator’s death (1) If revocation made in the Philippines: follow Phil. law
(2) A second heir (fideicommissary heir) who takes the property (2) If revocation made outside the Philippines
subsequently from the fiduciary a. If testator not domiciled in the Philippines
(3) The second heir must be one degree from the first heir 1. Follow the law of the place where the will was made, or
(4) The dual obligation imposed upon the fiduciary to preserve 2. Follow the law of the place where the testator was
the property and to transmit it after the lapse of the period domiciled at the time of the revocation
to the fideicommissary heir b. If testator was domiciled in the Philippines
(5) Both heirs must be living and qualified to succeed at the a. Follow Philippine law
time of the testator’s death b. Follow the law of the place of revocation
 Palacios v. Ramirez, 111 SCRA 704 [1982]: Manresa, et al. c. Follow the law of the place where the will was made
construe the word “degree” as generation, and the present Code

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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
 Article 830: modes of revoking will under Philippine law
(1) By operation of law
(2) By a subsequent will or codicil
Requisites:
1. The subsequent instrument must comply with the formal
requirements of a will
2. The testator must possess testamentary capacity
3. The subsequent instrument must either contain an express
revocatory clause or be incompatible with the prior will
(revocation by a subsequent instrument may be express or
implied)
4. Revoking will must be probated
(3) By physical destruction
1. Burning
2. Tearing
3. Canceling
4. Obliterating
Elements of revocation by physical destruction
1. Corpus – physical destruction itself
2. Animus - capacity and intent to revoke
 the testator must have completed
everything he intended to do
 Both must concur
 GR: The efficacy of a revocatory clause does not depend on
the testamentary dispositions of the revoking will. Revocation
is independent of the acceptance or capacity of the new heirs
(Art. 832)
o Article 832. A revocation made in a subsequent
will shall take effect, even if the new will should
become inoperative by reason of the incapacity of
the heirs, devisees or legatees designated therein,
or by their renunciation. (740a)
 EX: Dependent relative revocation: An instance where the
testator provides in a subsequent will the revocation of a
prior one is dependent on the capacity or acceptance of heirs
instituted in the subsequent will. The testator intended his
act of revocation to be condition on the making of a new will
or on its validity or efficacy
 Requisites for the application of Art. 833 regarding
revocation for a false cause
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Atty. Balane
(1) The cause must be concrete, factual, and not purely
subjective
(2) It must be false
(3) The testator must not know of its falsity
(4) It must appear from the will that the testator is revoking
it because of the cause which is false
V. Intestate
1. Basic rules of intestacy
(1) The rule of preference of lines
(2) The rule of proximity of degree
(3) The rule of equality among relatives of the same degree
Exceptions to rule of equality in the same degree:
a. The rule of preference of lines (child excludes parent)
b. The distinction between legitimate and illegitimate filiation
c. The rule of division by line in the ascending line
d. The distinction between full-blood and half-blood relationship
among brothers and sisters, as well as nephews and nieces
e. Representation
2. Rules of exclusion and concurrence
(1) Legitimate children
a. Exclude parents, collaterals, and the state
b. Concur with surviving spouse and illegitimate children
c. Are excluded by no one
(2) Illegitimate children
a. Exclude illegitimate parents, collaterals, and state
b. Concur with surviving spouse, legitimate children, and legitimate
parents
c. Are excluded by no one
(3) Legitimate parents
a. Exclude collaterals and state
b. Concur with illegitimate children and surviving spouse
c. Are excluded by legitimate children
(4) Illegitimate parents
a. Exclude collaterals and state
b. Concur with surviving spouse
c. Are excluded by legitimate children and illegitimate children
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
(5) Surviving spouse
a. Excludes collaterals other than brothers, sisters, nephews and
nieces, and state
b. Concurs with legitimate children, illegitimate children, legitimate
parents, illegitimate parents, brothers, sisters, nephews and
nieces
c. Is excluded by no one
(6) Brothers, sisters, nephews and nieces
a. Exclude all other collaterals and the state
b. Concur with surviving spouse
c. Are excluded by legitimate children, illegitimate children,
legitimate parents, and illegitimate parents
(7) Other collaterals
a. Exclude collaterals in remoter degrees and the state
b. Concur with collaterals in the same degree
c. Are excluded by legitimate children, illegitimate children,
legitimate parents, illegitimate parents, surviving spouse, brothers
and sisters, and nephews and nieces
(8) State
a. Excludes no one
b. Concurs with no one
c. Is excluded by everyone
3. Who are intestate heirs: Combinations in Intestate Succession
(Arts. 979-1014)
(1) Legitimate children alone: Art. 979, the whole estate divided equally
(2) Legitimate children and illegitimate children - Art. 983 and Art. 176
(FC): The whole estate, each illegitimate child getting 1/2 share of
one legitimate child
(3) Legitimate children and surviving spouse - Art. 996: the whol estate
divided equally (the surviving spouse counted as one legitimate child)
(4) Legitimate children, surviving spouse, and illegitimate children - Art.
999 and Art. 176 (FC): the whole estate, the surviving spouse being
counted as one legitimate child and each illegitimate child getting 1/2
share of one legitimate child
(5) Legitimate parents alone - Art. 985: the whole estate, divided equally
(6) Legitimate ascendants (other than parents) alone - Art. 987: the
whole estate observing in proper cases the rule of division by line
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(7) Legitimate parents and illegitimate children - Art. 991
a. Legitimate parents: 1/2 of estate
b. Illegitimate children: 1/2 of the estate
(8) Legitimate parents and surviving spouse (Art. 997)
a. Legitimate parents - 1/2 of the estate
b. Surviving spouse - 1/2 of the estate
(9) Legitimate parents, surviving spouse, illegitimate children (Art. 1000)
a. Legitimate parents - 1/2 of the estate
b. Surviving spouse - 1/4 of the estate
c. Illegitimate children - 1/4 of the estate
(10) Illegitimate children alone (Art. 988): The whole estate, divided
equally
(11) Illegitimate children and surviving spouse (ARt. 998)
a. Illegitimate children - 1/2 of the estate
b. Surviving spouse: 1/2 of the estate
(12) Surviving spouse alone (Arts. 994-995): the whole estate
(13) Surviving spouse and illegitimate parents
a. Surviving spouse: 1/2 of the estate
b. Illegitimate parents: 1/2 of the estate (by analogy with Art. 997)
(14) Surviving spouse and legitimate brothers and sisters, nephews and
nieces (Art. 1001)
a. Surviving spouse - 1/2 of the estate
b. Legitimate brothers, sisters, nephews, nieces - 1/2 of the estate
(the nephews and nieces inheriting by representation in the
proper cases)
(15) Surviving spouse and illegitimate brothers and sisters, nephews and
nieces (Art. 994)
a. Surviving spouse: 1/2 of the estate
b. Illegitimate brothers, sisters, nephews, nieces: 1/2 of the estate
(the nephews and nieces inheriting by representation in the
proper cases)
(16) Illegitimate parents alone (Art. 993): the whole estate
(17) Illegitimate parents and children of any kind
a. Illegitimate parents - excluded
b. Children (inherit in accordance with Nos. 1, 2, and 10), supra
(18) Legitimate brothers and sisters alone (Arts. 1004 and 1006): The
whole estate, with a brother/sister of the half-blood inheriting 1/2 the
share of a brother/sister of the full blood
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
(19) Legitimate brothers and sisters, nephews and nieces (Arts. 1005 and
1008) - The whole estate, observing 2:1 proportion of full- and half-
blood fraternity (No. 18, supra) and the nephews and nieces inheriting
by representation in the proper cases
(20) Nephews and nieces with uncles and aunts (Art. 1009) : by inference
uncles and aunts excluded (Bacayo v. Boromeo), nephews and nieces
inheriting in accordance with No. 22, infra
(21) Illegitimate brothers and sisters alone: The whole estate, observing
the 2:1 proportion of full- and half-blood fraternity, by analogy with
No. 18, supra
(22) Illegitimate brothers and sisters, nephews and nieces: The whole
estate, as in No. 19, supra, by analogy
(23) Nephews and nieces alone (Articles 975 and 1008): The whole estate,
per capita, but observing the 2:1 proportion of the full- and half-blood
(24) Other collaterals (Arts. 1009-1010) - The whole estate per capita, the
nearer in degree excluding the more remote
(25) State (Art. 1011) - The whole estate
o Assignment and disposition of decedent’s assets
a. If decedent was a resident of the Philippines at any time
(1) Personal property – to the municipality of last
residence
(2) Real property – wherever situated
b. If decedent never a resident of the Philippines
(1) Personal and real property: where respectively
situated
o How property is to be used
a. For the benefit of public educational and charitable
institutions in the respective municipalities/cities
b. Alternatively, at the instance of an interested party, or
motu proprio, court may order creation of a permanent
trust for the benefit of the institutions covered
4. Representation in intestacy: 2 instances
(1) In the direct descending line (Art. 972)
(2) In one instance in the collateral: nephews and nieces representing
brothers and sisters of the deceased (Art. 975)
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5. Various kinds of children (the two step process) – Art. 983
(1) Segregate the legitimes of the children – both legitimate and
illegitimate
(2) If any residue is left, apportion it in the proportion of 2:1
6. Art. 992: The successional bar
 Article 992. An illegitimate child has no right to inherit ab intestato
from the legitimate children and relatives of his father or mother; nor
shall such children or relatives inherit in the same manner from the
illegitimate child. (943a)
 Corpus v. Corpus, 85 SCRA 567 [1978]: Since Teodoro Yangco
was an acknowledged natural child or was illegitimate and since
Juanita Corpus was the legitimate Child of Jose Corpus (half-brother
of Teodoro), himself a legitimate child, we hold that appellant Tomas
Corpus has no cause of action for the recovery of the supposed
hereditary share of his mother, Juanita Corpus, as legal heir, in
Yangco’s estate. Juanita was not a legal heir of Yangco because there
is no reciprocal succession between legitimate and illegitimate
relatives.
 Diaz v. IAC, 150 SCRA 645 [1987]: Art. 992 of the New Civil Code
provides a barrier or iron curtain in that it prohibits absolutely a
succession ab intestato between the illegitimate child and the
legitimate children and relatives of the father or mother of said
legitimate child. Between the legitimate family and illegitimate family
there is presumed to be an intervening antagonism and
incompatibility. The word “relative” includes all the kindred of the
person spoken of.
 Diaz v. IAC, 182 SCRA 427[1990]: The right of representation is
not available to illegitimate descendants of legitimate children in the
inheritance of a legitimate grandparent. The determining factor is the
legitimacy or illegitimacy of the person to be represented. If the
person to be represented is an illegitimate child, then his
descendants, whether legitimate or illegitimate, may represent him.
However, if the person to be represented is legitimate, his illegitimate
ascendants cannot represent him because the law provides that only
his legitimate descendants may exercise the right of representation by
reason of the barrier imposed by Article 992. The word “relatives” is a
general term and when used in the statute it embraces not only
collateral relatives but also all kindred of the person spoken of.
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
7. Concurrence of surviving spouse and 1 legitimate child (Art. 996)
 Santillon v. Miranda: Under this article, when the widow survives
with only one legitimate child, they share the estate in equal
parts.
 Note: spouse gets more than legitime
8. Concurrence of spouse and brothers/sisters/nephews/nieces
 Armas v. Calisterio, 330 SCRA 201 [2000]: The successional
right in intestacy of a surviving spouse over the net estate of the
deceased, concurring with legitimate brothers and sisters or
nephews and nieces (the latter by right of representation), is
one-half of the inheritance, the brothers and sisters or nephews
and nieces, being entitled to the other half. Nephews and nieces,
however, can only succeed by right of representation in the
presence of uncles and aunts; alone, upon the other hand,
nephews and nieces can succeed in their own right which is to
say that brothers or sisters exclude nephews and nieces except
only in representation by the latter of their parents who
predecease or are incapacitated to succeed.
 Note: spouse gets only legitime
9. Illegitimate brothers and sisters
 Manuel v. Ferrer: The rule in Article 992 has consistently been
applied by the Court in several other cases. Thus, it has ruled
that where the illegitimate child had half-brothers who were
legitimate, the latter had no right to the former's inheritance; that
the legitimate collateral relatives of the mother cannot succeed
from her illegitimate child; that a natural child cannot represent
his natural father in the succession to the estate of the legitimate
grandparent; that the natural daughter cannot succeed to the
estate of her deceased uncle who is a legitimate brother of her
natural father; and that an illegitimate child has no right to
inherit ab intestato from the legitimate children and relatives of
his father. When the law speaks of brothers and sisters, nephews
and nieces as legal heirs of an illegitimate child, it refers to
illegitimate brothers and sisters as well as to the children,
whether legitimate or illegitimate, of such brothers and sisters.
10. Nephews/nieces exclude uncles and aunts
 Bacayo v. Borromeo (145 SCRA 986): A decedent's uncles and
aunts may not succeed ab intestato so long as nephews and
nieces of the decedent survive and are willing and qualified to
succeed. In case of intestacy, nephews and nieces of the de cujus
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exclude all other collaterals (aunts and uncles, first cousins, etc.)
from the succession. This is readily apparent from Articles 1001,
1004, 1005, and 1009 of the Civil Code of the Philippines. Under
Art. 1009, the absence of brothers, sisters, nephews and nieces
of the decedent is a precondition to the other collaterals (uncles,
cousins, etc.) being called to the succession.
11. Full and half blood siblings
(1) Testamentary succession: equal (Art. 848)
(2) Intestate succession - 2:1 (Art. 1006)
VI. Capacity to succeed (Arts. 1024-1028/1032)
 Article 1027. The following are incapable of succeeding:
(1) The 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) The relatives of such priest or minister of the gospel within the fourth
degree, the church, order, chapter, community, organization, or
institution to which such priest or minister may belong;
(3) A 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 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) Any attesting witness to the execution of a will, the spouse, parents,
or children, or any one claiming under such witness, spouse, parents,
or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took
care of the testator during his last illness;
(6) Individuals, associations and corporations not permitted by law to
inherit. (745, 752, 753, 754a)
 Note: Art. 1027 pars. 1-5 applies only to testamentary succession. Par. 6
applies to all kinds of succession (total disqualification)
 Par 1 (priest) disqualification: requisites
1. The will must have been executed during the testator’s last illness
2. The spiritual ministration must have been extended during the last
illness
3. The will must have been executing during or after the spiritual
ministration
 Par. 4, Art. 1027 should be read in relation with Art. 823
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o Article 823. If a person attests the execution of a already made, or who supplants, conceals, or alters the
will, to whom or to whose spouse, or parent, or latter's will;
child, a devise or legacy is given by such will, such (8) Any person who falsifies or forges a supposed will of the
devise or legacy shall, so far only as concerns such decedent. (756, 673, 674a)
person, or spouse, or parent, or child of such o Art. 1032 applies to all kinds of succession
person, or any one claiming under such person or o Effect of unworthiness to succeed: TOTAL
spouse, or parent, or child, be void, unless there are disqualification (legitimate, testamentary, intestate)
three other competent witnesses to such will. VII. Collation
However, such person so attesting shall be admitted  Articles 1061-1077
as a witness as if such devise or legacy had not  Collation: 3 senses
been made or given. (n) (1) Collation as computation
o Exception provided in Art. 823: if there are three  Relate with Art. 908 – net hereditary estate
other competent witnesses  that exception should  Net hereditary estate
be read into this paragraph 1. Inventory of all existing assets (gross assets)
 Article 1028. The prohibitions mentioned in article 739, 2. Deducting unpaid debts and chargers (available assets)
concerning donations inter vivos shall apply to testamentary 3. Adding the value of donations inter vivos (net hereditary
provisions. (n) estate)
o Total disqualification (2) Collation as imputation
 Article 1032. The following are incapable of (3) Collation as return
succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced  Money claims should be filed vs. estate. This is mandatory (Union Bank v.
their daughters to lead a corrupt or immoral life, or Santibañez, 452 SCRA 228 [2005])
attempted against their virtue;
(2) Any person who has been convicted of an attempt VIII. Acceptance and Repudiation (Arts. 1041-1057)
against the life of the testator, his or her spouse,
descendants, or ascendants;  Kinds of acceptance
(3) Any person who has accused the testator of a crime for A. Express
which the law prescribes imprisonment for six years or 1. Public document or
more, if the accusation has been found groundless; 2. Private writing
(4) Any heir of full age who, having knowledge of the B. Tacit
violent death of the testator, should fail to report it to an C. Implied
officer of the law within a month, unless the authorities
have already taken action; this prohibition shall not  Form of renunciation
apply to cases wherein, according to law, there is no A. Public or authentic instrument
obligation to make an accusation; B. Petition filed in the settlement proceedings
(5) Any person convicted of adultery or concubinage with
the spouse of the testator; IX. Definitions
(6) Any person who by fraud, violence, intimidation, or
undue influence should cause the testator to make a will 1. Will - Art. 783
or to change one already made;  Article 783. A will is an act whereby a person is permitted, with
(7) (7) Any person who by the same means prevents the formalities prescribed by law, to control to a certain degree
another from making a will, or from revoking one the disposition of this estate, to take effect after his death.
(667a)

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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
2. Holographic Will - Art. 810
 Article 810. A person may execute a holographic will which must
be entirely written, dated, and signed by the hand of the testator
himself. It is subject to no other form, and may be made in or out
of the Philippines, and need not be witnessed. (678, 688a)
3. Inheritance - Art. 776
 Article 776. The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his death.
(659)
4. Substitution - Art. 857
 Article 857. Substitution is the appointment of another heir so
that he may enter into the inheritance in default of the heir
originally instituted. (n)
5. Caucion Muciana - 3 Instances (Articles 879, 882, and 885)
(1) Art. 879: negative potestative condition
 Article 879. If the potestative condition imposed upon the heir
is negative, or consists in not doing or not giving something, he
shall comply by giving a security that he will not do or give that
which has been prohibited by the testator, and that in case of
contravention he will return whatever he may have received,
together with its fruits and interests. (800a)
(2) Art. 885: suspensive term
 Article 885. The designation of the day or time when the effects
of the institution of an heir shall commence or cease shall be
valid.
 In both cases, the legal heir shall be considered as called to the
succession until the arrival of the period or its expiration. But in
the first case he shall not enter into possession of the property
until after having given sufficient security, with the intervention of
the instituted heir. (805)
(3) Art. 882: mode
 Article 882. The statement of the object of the institution, or
the application of the property left by the testator, or the charge
imposed by him, shall not be considered as a condition unless it
appears that such was his intention.
 That which has been left in this manner may be claimed at once
provided that the instituted heir or his heirs give security for
compliance with the wishes of the testator and for the return of
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anything he or they may receive, together with its fruits and
interests, if he or they should disregard this obligation. (797a)
6. Accretion - Art. 1015
 Article 1015. Accretion is a right by virtue of which, when two or
more persons are called to the same inheritance, devise or
legacy, the part assigned to the one who renounces or cannot
receive his share, or who died before the testator, is added or
incorporated to that of his co-heirs, co-devisees, or co-legatees.
(n)
7. Representation - Art. 970
 Article 970. Representation is a right created by fiction of law, by
virtue of which the representative is raised to the place and the
degree of the person represented, and acquires the rights which
the latter would have if he were living or if he could have
inherited. (942a)
8. Legitime - Art. 886
 Article 886. Legitime is that part of the testator's property which
he cannot dispose of because the law has reserved it for certain
heirs who are, therefore, called compulsory heirs. (806)
9. Codicil - Art. 825
 Article 825. A codicil is supplement or addition to a will, made
after the execution of a will and annexed to be taken as a part
thereof, by which disposition made in the original will is
explained, added to, or altered. (n)
10. Heir and Devisee/Legatee - Art. 782
 Article 782. An heir is a person called to the succession either by
the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and
personal property are respectively given by virtue of a will. (n)
11. Dependent relative revocation (Art. 832): Molo v. Molo
 Molo v. Molo: “The rule is established that 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
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint)
reason, the new will intended to be made as a substitute is
inoperative, the revocation fails and the original will remain in full
force. (Gardner, pp. 232, 233)
12. Scriptura/dispocicion captatoria - Art. 875
 Article 875. Any disposition made upon the condition that the heir
shall make some provision in his will in favor of the testator or of
any other person shall be void. (794a)
X. Enumerations
1. Grounds for opposing probate - Art. 839
Article 839. The will shall be disallowed in any of the following
cases:
(1) If the formalities required by law have not been complied with;
(2) If the testator was insane, or otherwise mentally incapable of making
a will, at the time of its execution;
(3) If it was executed through force or under duress, or the influence of
fear, or threats;
(4) If it was procured by undue and improper pressure and influence, on
the part of the beneficiary or of some other person;
(5) If the signature of the testator was procured by fraud;
(6) If the 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. (n)
2. Grounds for disinheritance - Arts 919-921
 Article 919. The following shall be sufficient causes for
the disinheritance of children and descendants, legitimate
as well as illegitimate:
(1) When a child or descendant has been found guilty of an
attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(2) When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery
or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation,
or undue influence causes the testator to make a will or to
change one already made;
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Atty. Balane
(5) A refusal without justifiable cause to support the parent or
ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or
descendant;
(7) When a child or descendant leads a dishonorable or
disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil
interdiction. (756, 853, 674a)
 Article 920. The following shall be sufficient causes for
the disinheritance of parents or ascendants, whether
legitimate or illegitimate:
(1) When the parents have abandoned their children or induced
their daughters to live a corrupt or immoral life, or attempted
against their virtue;
(2) When the parent or ascendant has been convicted of an
attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a
crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found to be false;
(4) When the parent or ascendant has been convicted of
adultery or concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence,
intimidation, or undue influence causes the testator to make
a will or to change one already made;
(6) The loss of parental authority for causes specified in this
Code;
(7) The refusal to support the children or descendants without
justifiable cause;
(8) An attempt by one of the parents against the life of the
other, unless there has been a reconciliation between them.
(756, 854, 674a)
 Article 921. The following shall be sufficient causes for
disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against
the life of the testator, his or her descendants, or
ascendants;
(2) When the spouse has accused the testator of a crime for
which the law prescribes imprisonment of six years or more,
and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue
influence cause the testator to make a will or to change one
already made;
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Civil Law: Succession (quick reviewer – based on RFB’s powerpoint) Atty. Balane

(4) When the spouse has given cause for legal separation; (6) Any person who by fraud, violence, intimidation, or undue influence
(5) When the spouse has given grounds for the loss of parental should cause the testator to make a will or to change one already
authority; made;
(6) Unjustifiable refusal to support the children or the other (7) Any person who by the same means prevents another from making a
spouse. (756, 855, 674a) will, or from revoking one already made, or who supplants, conceals,
or alters the latter's will;
3. Ways of revoking a will - Art. 830 (8) Any person who falsifies or forges a supposed will of the decedent.
(756, 673, 674a)
Article 830. No will shall be revoked except in the following
cases:

(1) By implication of law; or

(2) By some will, codicil, or other writing executed as provided in case of
wills; or
(3) By burning, tearing, cancelling, or obliterating the will with the
intention of revoking it, by the testator himself, or by some other
person in his presence, and by his express direction. If burned, torn,
cancelled, or obliterated by some other person, without the express
direction of the testator, the will may still be established, and the
estate distributed in accordance therewith, if its contents, and due
execution, and the fact of its unauthorized destruction, cancellation,
or obliteration are established according to the Rules of Court. (n)

4. Grounds for unworthiness - Art. 1032

Article 1032. The following are incapable of succeeding by reason

of unworthiness:
(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 or her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has
been found groundless;
(4) 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;
(5) Any person convicted of adultery or concubinage with the spouse of
the testator;

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