CIVL LAW REVIEW I

DEAN MEL STA. MARIA

SUCCESSION

CHARACTERISTICS;
- Ambulatory
- Personal – only the testator himself can make it unless subject to his express direction
- Revocable – can be revoke during the lifetime of the testator
- Individual and Unilateral Act
- Act of mortis causa
- Formal and solemn
- Disposition of Property

LATENT AND PATENT AMBIGUITY

RULE: First, look at the text to know the intent of the testator then examine the context of the
testator.

Interpretation towards intestacy is not preferred. Respect towards the will or intent of the
decedent is given.

Technical words must be interpreted in its technical sense unless otherwise expressed.

Extrinsic validity, lex celebrationis.

Intrinsic, must conform to the laws of the Philippines.

Requisite of to be a Valid Testator

1. Soundmind
To be of sound mind, it is sufficient that the testator knows:
1. Nature of the estate;
2. Proper Object of the bounty
3. Character of the Testamentary Act

2. Legal Age

Deaf/Deaf-mute – Must be read twice – once by one of the witnesses; once by the notarizing
officer

Elements of a Valid Attestation Clause:

…

Attesting is the attestation of sound mind.

Subscribing is a the mechanical operation.

Wills are not public document even though acknowledged by a notary public.
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DEAN MEL STA. MARIA
Substantial compliance – only those defects that involves the form and the language of the
wills.

Presumption that the testator knows the dialect or language of the will provided that it is
shown that the community knows the language (Abangan v Abangan)

Witnesses:
Must sign all the pages

Signature usually signifies the end of disposition. Hence, all dispositions made after the
signature must be signed and dated again.

Holographic will
Must be dated, signed and completely handwritten.
No witnesses required

Absence of date on the dispositions above signature may be cured by date made after.

It case of the absence of the will, photocopy may be probated so long as it is shown that it is
the faithful copy of the original will.

One witness may be presented before the court to prove the handwriting of the testator.
If contested, 3 witness.

Codoy v. Calugay – Credibility of the witnesses is mandatory, not the number.

Azaola case – Not mandatory because the sitting judge may reject the statements of the
witnesses

Joint will – creation of a will between 2 persons beneficial to both of them. Not allowed in the
Philippines even if allowed in the country where the law is created.

Who can be a witness? Art. 820 and 821

1. of sound mind
2. of legal age
3. not blind, deaf, and dumb
4. able to read and write
5. domiciled in the Philippines
6. not convicted of falsification, perjury or false testimony

Codicil – amend, modify or clarify an existing will; it must be executed in accordance with the
form of a valid will.

Incorporation of Referrence:
1. Existing
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DEAN MEL STA. MARIA
2. Described
3. Identified
4. Signed every page except voluminous.

Revocation of the will

1. Implication of law
2. By some will, codicil, or other writings
3. By burning, tearing, cancelling, or obliterating the will with: a. overt act; b. animus revocandi

Doctrine of Conditional or Dependent Relative Revocation

If the testator revokes a will with a present intention of making a new one immediately and as
substitute and the new will is not made or if made but fails to effect for any reason it will be
presumed that the testator preferred the old will to intestacy and the one will be admitted to
probate.

Republication – reestablishing of the will; recopying of the will and correcting the will; with
witnesses if notarial will

Will can only be void or valid. No voidable

Questions in a probate
Existence of the will
Forms and formalities is in accordance with the law
Capacity of the testator

Grounds for disallowance of a will

1. Non fulfillment of the requirements
2. Vitiated consent

Institution of heirs

Legitime – reserved property of the decedent to the compulsory heirs

In cases of preterition, intrinsic validity of the will may be question in the probate of the will

In case there are two person having the same name, designation of heir by name must also
indicate some circumstances by which the instituted heir may be known.

Aggregate portion of estate x share of the person

Total amount of given to them

Preterition – omission of one or some or all of the compulsory heirs in the direct line; annuls
the institution of heir.
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DEAN MEL STA. MARIA
Donation given to compulsory heirs and 3rd person may be collated. The amount is the one to
be collated not the actual donation for computation.

Institution of heirs may be annulled in case of preterition but legacy made may stand although
in can be inofficious.

Preterition does not apply to wife. Portion of the wife is equivalent to 1 legitimate child taken
from the free portion of the estate.

Adopted child may be preterited.

Substitution of heirs
Simple
Brief or compendium
Fideicommissary – Fiduciary instituted to whom he was entrusted the obligation to preserve
and to transmit to a fideicommissary the whole or part of the inheritance.

Fiduciary and Fideicommissary must both be living at the time of death of the decedent.

Fideicommissary must be 1st degree of consanguinity.

When will the fiduciary transmit the inheritance? Upon death

How to know if fiduciary – there is express statement that the inheritance is for preservation

STOPPED AT 876

Grounds to allow substitution (RIP)

Repudiation
Incapacity
Pre deceased.

Where does the bounty goes?ISRAI

Institution –> Substitution –> Representation –> Accretion –> Intestacy.