SUCCESSION REVIEWER PARTITION AND DISTRIBUTION OF THE ESTATE SUBSECTION 1.

- Partition
The immediate effect of the decedents death is the vesting of the successional rights of the successors, because the rights to the succession are transmitted from the moment of the death of the decedent. What the successors acquire vested rights over is the net estate and the net estate is what remains after all the unpaid debts of the decedent are paid, and the value of all the donations inter vivos is added. Thus, debts first have to be paid; it is possible, if the debts exceed the assets, that after the debts are paid, there will be no estate to speak of. If however the decedents gross assets exceed his liabilities, or if there are inofficious donations to be returned, his net estate passes to his successors heirs, legatees, devisees! at the precise moment of death. The estate however, is a mass of properties, usuall" consisting of various items. The immediate effect therefore, of the decedents death as far as successional rights are concerned, is a #$%$W&'()*I+ of the heirs over the entire mass. The legatees and devisees will acquire a right to the specific items given to them, assuming the legacies and devises are not inofficious. The actual partition of the estate among the heirs terminating the co%ownership can be done basicall" through , methods.. 'xtra/udicial agreement among the heirs, or ,. 0udicial proceedings The sequence ma" be outlines as1. 1pon decedents death 2 co%ownership of heirs over net hereditar" or partible estate 2. )ubsequent +artition a. 3" extra/udicial agreement under (ule 45 )ec. of the ($# b. Through /udicial order in appropriate proceedings under (ule 67 (o# 8ctuall", the /udicial proceeding in which the partition is ordered comprises the entire settlement of the estate of the decedent, covered b" (ules 49%67 of the (o# In this part of successional law, i.e. the partition of the estate, substantive law and procedural law intersect. +artition ends the co%ownership among the co%heirs as to the thing partitioned. :I&;) $< +8(TITI$& 8. 8ctual 2 ph"sical division of the thing among the co%heirs 3. #onstructive 2 an" act, other than ph"sical division, which terminates the co%ownership such as sale to a 9rd person 2 in relation to 8rticles .7=, and .7=>!.

Art. 1080. Sho%ld a #erso! ma,e #artitio! of his estate "$ a! a t i!ter *i*os, or "$ will, s% h #artitio! shall "e res#e ted, i!sofar as it does !ot #re&%di e the le)itime of the om#%lsor$ heirs. A #are!t who, i! the i!terest of his or her famil$, desires to ,ee# a!$ a)ri %lt%ral, i!d%strial, or ma!%fa t%ri!) e!ter#rise i!ta t, ma$ a*ail himself of the ri)ht )ra!ted him i! this arti le, "$ orderi!) that the le)itime of the other hildre! to whom the #ro#ert$ is !ot assi)!ed, "e #aid i! ash.
+8(TITI$& 3? #81)8&T' The causante decedent! can himself effect the partition of his estate. .. Nature of Partition by Causante 2 a partition made b" the causante has the ff. characteristicsa. It takes effect onl" upon death, b. It is revocable as long as the causante is alive; hence the causante can change or modif" it, or even rescind it during his lifetime. o These characteristics stem from the fact that the partition is based on succession as the mode of transfer and succession is necessaril" mortis causa. )uccession, in our law, cannot take place during the causantes lifetime; that would be a donation inter vivos, not succession. ,. How causante may make t e Partition 2 a. 3" WI@@, or b. 3" 8ct Inter Aivos i. <orm of +artition b" 8ct Inter Aivos 2 there is authorit" to the effect that a partition inter vivos should be in writin! and in a "ub#ic instrument. <a/ardo v. <a/ardo! 3ut in an obiter, )# held that even an oral partition is valid. #haveB v. I8#!

Art. 1078. Where there are two or more heirs, the whole estate of the de ede!t is, "efore its #artitio!, ow!ed i! ommo! "$ s% h heirs, s%"&e t to the #a$me!t of de"ts of the de eased. Art. 107'. (artitio!, i! )e!eral, is the se#aratio!, di*isio! a!d assi)!me!t of a thi!) held i! ommo! amo!) those to whom it ma$ "elo!). +he thi!) itself ma$ "e di*ided, or its *al%e.

SUCCESSION REVIEWER
ii. In case of a partition inter vivos, must there be a prior willC #ertainl", a mere partition inter vivos which does not observe the formalities of a will cannot b" itself, make testamentar" dispositions because that would circumvent the requirement that dispositions mortis causa can be made onl" b" means of a will. 8 person cannot, in the guise of making a partition, make disposition of propert" to take effect upon his death. $ustice HO%I says t at if "artition is ma&e by "ri'ate writin!( after w ic a wi## is e)ecute&( t e subse*uent wi## +OES NOT cure t e "ri'ate writin!. T erefore( t e "artition is not effecti'e. ,#sua -Betts '. C, provides that the partition inter vivos is void even if a subsequent will is executed in conformit" with the provisions of the prior partition. The case of .e!asto '. /er0osa provides that a mere partition not connected to a will is not binding. The act of disposition has to be b" will, but the partitionDdistribution ma" be done b" will or in writing. )till, it must be pursuant to or connected to a WI@@.

Art. 1081. A #erso! ma$, "$ a! a t i!ter *i*os or mortis a%sa, i!tr%st the mere #ower to ma,e the #artitio! after his death to a!$ #erso! who is !ot o!e of the o-heirs. +he #ro*isio!s of this a!d of the #re edi!) arti le shall "e o"ser*ed e*e! sho%ld there "e amo!) the o-heirs a mi!or or a #erso! s%"&e t to )%ardia!shi#. "%t the ma!datar$, i! s% h ase, shall ma,e a! i!*e!tor$ of the #ro#ert$ of the estate, after !otif$i!) the o-heirs, the reditors, a!d the le)atees or de*isees.

Gandatar" cannot be a co%heir 2 the reason for this prohibition is to ensure fairness and impartialit".

Art. 108/. E*er$ a t whi h is i!te!ded to #%t a! e!d to i!di*isio! amo!) o-heirs a!d le)atees or de*isees is deemed to "e a #artitio!, altho%)h it sho%ld #%r#ort to "e a sale, a!d e0 ha!)e, a om#romise, or a!$ other tra!sa tio!.
#$&)T(1#TIA' +8(TITI$& +artition ma" be actual or constructive, in relation to 8rticle .746. This article refers to cases of constructive partition. #8)' Tuason '. Tuason 1 2re!orio ,raneta Inc.

9. +ossible 'ffect of 8mended Wording of 8rt.7=7 The old #ode used the term EtestatorF while 8rt.7=7 used the term EpersonF. 1nder the present provision, a partition inter vivos can be validl" made even without a prior supporting will, provided that it is not used to make mortis causa dispositions &othing can take the place of a will to dispose of propert" mortis causa. *ence, the onl" wa" a partition without a will can be valid is b" following strictl" the intestate portions provided b" law- i.e. the partition should conform exactl" to the portions provided b" law in intestate succession, for then the causante would not be making testamentar" dispositions in the partition 2 the dispositions would be b" virtue of intestate succession. @imitation on +artition b" #ausante The legitimes of the causantes compulsor" heirs cannot be impaired b" partition made b" him, whether in a will or b" an act inter vivos, pursuant to 8rt675. +aragraph , 2 +artition to :eep an 'nterprise Intact It seems onl" a "arent is allowed the privilege of this paragraph. It is understood that this privilege to make the partition in such a wa" as to keep the enterprise intact can be exercised onl" if enough cash or other propert" is available to satisf" the legitimes of the other children. 1nder no circumstances should the legitimes be impaired.

Art. 1081. E*er$ o-heir has a ri)ht to dema!d the di*isio! of the estate %!less the testator sho%ld ha*e e0#ressl$ for"idde! its #artitio!, i! whi h ase the #eriod of i!di*isio! shall !ot e0 eed twe!t$ $ears as #ro*ided i! arti le 2'2. +his #ower of the testator to #rohi"it di*isio! a##lies to the le)itime. E*e! tho%)h for"idde! "$ the testator, the o-ow!ershi# termi!ates whe! a!$ of the a%ses for whi h #art!ershi# is dissol*ed ta,es #la e, or whe! the o%rt fi!ds for om#elli!) reaso!s that di*isio! sho%ld "e ordered, %#o! #etitio! of o!e of the o-heirs.
+artition Henerall" a Gatter of (ight 8s a general rule, an" co%heir ma" demand partition at an" time. This is the same rule laid down in 8rt565 par.Art. 494. No co-owner shall be obliged to remain in the coownership. Each co-owner may demand at any time the partition of

SUCCESSION REVIEWER
the thing owned in common, insofar as his share is concerned. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not e ceeding ten years, shall be valid. !his term may be e tended by a new agreement. A donor or testator may prohibit partition for a period which shall not e ceed twenty years. Neither shall there be any partition when it is prohibited by law. No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he e pressly or impliedly recogni"es the co-ownership. ).* A partner becomes in any other way incapable of performing his part of the partnership contract)%* A partner has been guilty of such conduct as tends to affect pre0udicially the carrying on of the business)4* A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him)2* !he business of the partnership can only be carried on at a loss)3* 5ther circumstances render a dissolution e1uitable. 5n the application of the purchaser of a partner6s interest under Article #$#% or #$#4( )#* After the termination of the specified term or particular undertaking).* At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.

E3CE(+IONS 4 des#ite this im#osed i!di*isio!, #artitio! ma$ "e dema!ded5 1. 3 en any of t e causes for &isso#ution of a "artners i" occurs( un&er ,rts. 1456-14517
Art. #$%&. 'issolution is caused( )#* +ithout violation of the agreement between the partners( )a* ,y the termination of the definite term or particular undertaking specified in the agreement)b* ,y the e press will of any partner, who must act in good faith, when no definite term or particular is specified)c* ,y the e press will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking)d* ,y the e pulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners).* /n contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this article, by the e press will of any partner at any time)%* ,y any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership)4* +hen a specific thing which a partner had promised to contribute to the partnership, perishes before the delivery- in any case by the loss of the thing, when the partner who contributed it having reserved the ownership thereof, has only transferred to the partnership the use or en0oyment of the same- but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has ac1uired the ownership thereof)2* ,y the death of any partner)3* ,y the insolvency of any partner or of the partnership)4* ,y the civil interdiction of any partner)$* ,y decree of court under the following article. Art. #$%#. 5n application by or for a partner the court shall decree a dissolution whenever( )#* A partner has been declared insane in any 0udicial proceeding or is shown to be of unsound mind-

8. 3 en t e Court fin&s com"e##in! reasons for "artition. When the co%heirs agree on indivision for a period not exceeding .7"ears, renewable for like periods.

Art. 1082. Vol%!tar$ heirs %#o! whom some o!ditio! has "ee! im#osed a!!ot dema!d a #artitio! %!til the o!ditio! has "ee! f%lfilled. "%t the other o-heirs ma$ dema!d it "$ )i*i!) s%ffi ie!t se %rit$ for the ri)hts whi h the former ma$ ha*e i! ase the o!ditio! sho%ld "e om#lied with, a!d %!til it is ,!ow! that the o!ditio! has !ot "ee! f%lfilled or a! !e*er "e om#lied with, the #artitio! shall "e %!derstood to "e #ro*isio!al.
8pplication of 8rticle 2 Institutions with a )uspensive #ondition (ationale The heir instituted under a suspensive condition acquires no rights unless and until the condition happens. The other heirs not so instituted, however, should not be deprived of their right to demand partition, sub/ect to the obligation to protect the inchoate right of the conditional heir, b" furnishing adequate security.

Art. 1086. I! the #artitio! of the estate, e7%alit$ shall "e o"ser*ed as far as #ossi"le, di*idi!) the #ro#ert$ i!to lots, or assi)!i!) to ea h of the o-heirs thi!)s of the same !at%re, 7%alit$ a!d ,i!d.
'I18@IT? 8G$&H #$%*'I() Iuantitative 2 the shares of the co%heirs are not necessaril" equal in value, but are determined b" the law and b" will.

SUCCESSION REVIEWER
Iualitative 2 whatever the aliquot portions be, however, the law mandates equalit" in nature, kind and qualit", so that if 8 gets a parcel of rice land, 3 should also be given one. reimbursement from his co%heirs in the same proportion. This article la"s down the same rule contained in the Title on #o%ownership under 8rtK77Art. 2&&. 7pon partition, there shall be a mutual accounting for benefits received and reimbursements for e penses made. 8ikewise, each co-owner shall pay for damages caused by reason of his negligence or fraud.

'J#'+TI$&) D I18@I<I#8TI$&) to the requirement of Iualitative 'qualit" 2 .. If the causante has made the partition himself ,. If the co%heirs agree otherwise 9. If qualitative equalit" is impossible or impracticable.

Art. 1088. Sho%ld a thi!) "e i!di*isi"le, or wo%ld "e m% h im#aired "$ its "ei!) di*ided, it ma$ "e ad&%di ated to o!e of the heirs, #ro*ided he shall #a$ the others the e0 ess i! ash. Ne*ertheless, if a!$ of the heirs sho%ld dema!d that the thi!) "e sold at #%"li a% tio! a!d that stra!)ers "e allowed to "id, this m%st "e do!e.
This is another instance of constructive partition- sale of the thing and division of the proceeds among the heirs. This will have to be resorted to if the thing is essentiall" indivisible or in ph"sical partition will so diminish its value that it becomes unserviceable or useless. To whom thing ma" be sold.. To a 9rd person, or ,. If none of the co%heirs ob/ect, to an" one of them who is interested. If more than one are interested in bu"ing, the" ma" bu" it /ointl" and have the proceeds distributed among the others to the extent of their respective shares. 3ut the co%ownership will continue as to the bu"ers.

Art. 1088. Sho%ld a!$ of the heirs sell his hereditar$ ri)hts to a stra!)er "efore the #artitio!, a!$ or all of the o-heirs ma$ "e s%"ro)ated to the ri)hts of the #%r haser "$ reim"%rsi!) him for the #ri e of the sale, #ro*ided the$ do so withi! the #eriod of o!e mo!th from the time the$ were !otified i! writi!) of the sale "$ the *e!dor.
(ight of an *eir to #onve" )hare 3efore +artition )uccessional rights vest upon the decedents death. #onsequentl", an heir ma" dispose of his aliquot share after that time; he ma" do this gratuitousl" or onerousl". (IH*T $< (';'G+TI$& I& #8)' $< )8@' In the event an" co%heir sells his aliquot portion to a stranger before partition time, this article entitles an" co%heir to redeem the portion sold. 8. )ale must be to a stranger 2 a stranger within the meaning of this article is an"one who is not a co%heir. 3asa v. 8guilar! 3. When right of redemption ma" be exercised 2 the right ma" be exercised onl" before partition, not after. #aro v. #8! (equirement of Written &otice The article gives the co%heirs the right of redemption, which can be exercised within one month from written notice to them b" the vendor. Written notice therefore is required; without it the period does not commence to run. The )# has, as a rule, interpreted this requirement of written notice strictl". 2arcia '. Ca#a#iman 2 Written notice is indispensable, actual knowledge of the sale acquired in some other manners b" the redemptioner, notwithstanding. *e or she is still entitled to written notice to remove all uncertaint" as to the sale, its terms and its validit", and to quiet an" doubt that the alienation is not definitive. The law not having provided for an" alternative, the method of notifications remains exclusive, though the #ode

Art. 1087. I! the #artitio! the o-heirs shall reim"%rse o!e a!other for the i! ome a!d fr%its whi h ea h o!e of them ma$ ha*e re ei*ed from a!$ #ro#ert$ of the estate, for a!$ %sef%l a!d !e essar$ e0#e!ses made %#o! s% h #ro#ert$, a!d for a!$ dama)e thereto thro%)h mali e or !e)le t.
G1T18@ 8##$1&TI&H 1pon partition, the co%heirs shall render a mutual accounting of benefits received and expenses, both necessar" and useful, incurred b" each of them. Thus, an" heir who between the decedents death and partition time, received fruits from the estate shall reimburse his co%heirs their respective shares, in proportion to the hereditar" interest of each. )imilarl", an" heir who incurred necessar" or useful expenses on the hereditar" estate ma" demand

SUCCESSION REVIEWER
does not prescribe an" particular form of written notice nor an" distinctive method for written notification of redemption. The same rule is laid down in 8rt.>,7 which applies where the co%ownership covers s"ecific propert". While 8rticle .7== applies where the co%ownership covers the mass of the hereditar" estate. 3ut the distinction is academic and the rule is the same.
Art. #3.&. A co-owner of a thing may e ercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third person. /f the price of the alienation is grossly e cessive, the redemptioner shall pay only a reasonable one. 9hould two or more co-owners desire to e ercise the right of redemption, they may only do so in proportion to the share they may respectively have in the thing owned in common.

Art. 10'/. After the #artitio! has "ee! made, the o-heirs shall "e re i#ro all$ "o%!d to warra!t the title to, a!d the 7%alit$ of, ea h #ro#ert$ ad&%di ated.
$3@IH8TI$& $< G1T18@ W8((8&T? +artition among co%heirs imposes upon them the same mutual obligation of warranties imposed among co%owners in general. 8ccording to 8rtK7.- E'ver" co%owner shall, after partition, be liable for defects of title and qualit" of the portion assigned to each of the other co% owners.F

When more than one co%owner wish to redeem 2 implicit in article .7== and explicit in article .>,7 is that in such case, 8@@ the co%owners wishing to redeem ma" do so, but in proportion to each ones hereditar" interest over the mass.

Art. 108'. +he titles of a 7%isitio! or ow!ershi# of ea h #ro#ert$ shall "e deli*ered to the o-heir to whom said #ro#ert$ has "ee! ad&%di ated.
This is particularl" important in case of re!istere& #an& because the old title has to be surrendered so that a new title in the name of the heir ma" be issued.

(1@' $& W8((8&TI') The applicable rules on warranties are found in 8rticles .K54%.K=7 in the title on )ales, insofar as those articles are not inconsistent with the rules given in this subsection.

Art. 10'0. Whe! the title om#rises two or more #ie es of la!d whi h ha*e "ee! assi)!ed to two or more o-heirs, or whe! it o*ers o!e #ie e of la!d whi h has "ee! di*ided "etwee! two or more o-heirs, the title shall "e deli*ered to the o!e ha*i!) the lar)est i!terest, a!d a%the!ti o#ies of the title shall "e f%r!ished to the other o-heirs at the e0#e!se of the estate. If the i!terest of ea h o-heir sho%ld "e the same, the oldest shall ha*e the title.
This article onl" provides for the right over the document. The co%heirs however have the right to have the title divided into individual titles, a separate one for each of the owners to correspond to the separate portions held b" them respectivel".

Art. 10'1. +he re i#ro al o"li)atio! of warra!t$ referred to i! the #re edi!) arti le shall "e #ro#ortio!ate to the res#e ti*e hereditar$ shares of the o-heirs, "%t if a!$ o!e of them sho%ld "e i!sol*e!t, the other o-heirs shall "e lia"le for his #art i! the same #ro#ortio!, ded% ti!) the #art orres#o!di!) to the o!e who sho%ld "e i!dem!ified. +hose who #a$ for the i!sol*e!t heir shall ha*e a ri)ht of a tio! a)ai!st him for reim"%rseme!t, sho%ld his fi!a! ial o!ditio! im#ro*e.
+roportional @iabilit" of #o%heirs on Warrant" 3urdens should be proportional to benefits. Insolvenc" of $ne of $bligors 2 should one of the co% heirs bound to make good the warrant" be insolvent, his portion shall be borne proportionall" b" all, including the one entitled to the warrant"- 'xample % #o%heirs are 8, 3, #, ; and ' in equal shares of +>7k each. 3 claims warrant" for the total amount of his share because he was evicted. 8, #, ; and ' have to contribute +.,k each to make good the warrant". )ince there was eviction in the amount of +>7k, the total value to be partitioned was onl" +,57k, hence +5=k each. )hould 8 be insolvent, his +.,k share shall be borne b" all the others, including 3. *ence, #, ; and ' have to contribute +9k more, making their individual liabilit" +.Kk. 3 receives a total of +5Kk, having borne his own share of +9k from 8s insolvenc".

SUBSECTION 8. - Effects of Partition Art. 10'1. A #artitio! le)all$ made o!fers %#o! ea h heir the e0 l%si*e ow!ershi# of the #ro#ert$ ad&%di ated to him.
The effect of partition is termination of co%ownership.

SUCCESSION REVIEWER
'J#'+TI$& to right to reimbursement from insolvent obligor- insolvenc" that is /udiciall" declared, under the Insolvenc" @aw, since /udiciall" declared insolvenc" extinguishes all obligations. &$ G1T18@ W8((8&T?. It is not accurate to refer to it as a cessation, since there was none to begin with. These are 2 .. +artition b" the testator himself 2 save where the legitime is impaired. ,. 8greement among the co%heirs to suppress the warrant". 9. )upervening events causing the loss or the diminution in value. 5. <ault of the co%heir K. Waiver

Art. 10'2. A! a tio! to e!for e the warra!t$ amo!) heirs m%st "e "ro%)ht withi! te! $ears from the date the ri)ht of a tio! a r%es. Art. 10'6. If a redit sho%ld "e assi)!ed as olle ti"le, the o-heirs shall !ot "e lia"le for the s%"se7%e!t i!sol*e! $ of the de"tor of the estate, "%t o!l$ for his i!sol*e! $ at the time the #artitio! is made. +he warra!t$ of the sol*e! $ of the de"tor a! o!l$ "e e!for ed d%ri!) the fi*e $ears followi!) the #artitio!. Co-heirs do !ot warra!t "ad de"ts, if so ,!ow! to, a!d a e#ted "$, the distri"%tee. 9%t if s% h de"ts are !ot assi)!ed to a oheir, a!d sho%ld "e olle ted, i! whole or i! #art, the amo%!t olle ted shall "e distri"%ted #ro#ortio!atel$ amo!) the heirs.
#redit 8ssigned to #o%*eir in +artition The warrant" covers onl" insolvenc" of the decedents debtor at the time of partition, not subsequent insolvenc", for which the co%heir takes the risk. <oolhard" is the co%heir who will accept a collectible as part of his share in the partition. 8 credit, even under the best of circumstances, is aleator". The warrant" has a special prescriptive period of <IA' LKM ?'8(). 3ad ;ebt 8ssigned to a #o%*eir 8 co%heir who accepts a known bad debt as his share is either a fool or a masochist.

SUBSECTION 5. - 9escission an& Nu##ity of Partition Art. 10'7. A #artitio! ma$ "e res i!ded or a!!%lled for the same a%ses as o!tra ts.
CAUSES <OR ANNU=>EN+ 8rt. .967. The following contracts are voidable or annullable, even though there ma" have been no damage to the contracting partiesL.M Those where one of the parties is incapable of giving consent to a contract; L,M Those where the consent is vitiated b" mistake, violence, intimidation, undue influence or fraud. These contracts are binding, unless the" are annulled b" a proper action in court. The" are susceptible of ratification. CAUSES <OR RESCISSION 8rt. .9=.. The following contracts are rescissibleL.M Those which are entered into b" guardians whenever the wards whom the" represent suffer lesion b" more than one%fourth of the value of the things which are the ob/ect thereof; L,M Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; L9M Those undertaken in fraud of creditors when the latter cannot in an" other manner collect the claims due them; L5M Those which refer to things under litigation if the" have been entered into b" the defendant without the knowledge and approval of the litigants or of competent /udicial authorit"; LKM 8ll other contracts speciall" declared b" law to be sub/ect to rescission. +aragraphs . and , are modified b" the following article.

Art. 10'8. +he o"li)atio! of warra!t$ amo!) oheirs shall ease i! the followi!) ases5 :1; Whe! the testator himself has made the #artitio!, %!less it a##ears, or it ma$ "e reaso!a"l$ #res%med, that his i!te!tio! was otherwise, "%t the le)itime shall alwa$s remai! %!im#aired. :/; Whe! it has "ee! so e0#ressl$ sti#%lated i! the a)reeme!t of #artitio!, %!less there has "ee! "ad faith. :1; Whe! the e*i tio! is d%e to a a%se s%"se7%e!t to the #artitio!, or has "ee! a%sed "$ the fa%lt of the distri"%tee of the #ro#ert$.
This article enumerates the instances when there is

SUCCESSION REVIEWER Art. 10'8. A #artitio!, &%di ial or e0tra-&%di ial, ma$ also "e res i!ded o! a o%!t of lesio!, whe! a!$ o!e of the o-heirs re ei*ed thi!)s whose *al%e is less, "$ at least o!e-fo%rth, tha! the share to whi h he is e!titled, o!sideri!) the *al%e of the thi!)s at the time the$ were ad&%di ated.
@')I$& is economic in/ur", where the part" receives less than he is entitled to receive. @esion is exceedingl" difficult to determine and evaluate and is viewed with increasing disfavor b" modern civil law. 8mount of @esion The minimum extent of lesion for rescission to be available is $&'%<$1(T* or ,KN. &ote the slight variation from paragraphs . and , of 8rt.9=. which specifies G$(' than O. 'videntl", in cases of partition of the inheritance, 8rt.76= applies. 8& 'J#'+TI$& T$ T*I) 8(TI#@' I) <$1&; I& T*' <$@@$WI&H 8(TI#@'.

!or those ha*e !ot re ei*ed more tha! their &%st share.
O9=I?OR@S O(+IONS 2 it is the co%heir who is sued for rescission who has the option. *e has , choices.. To have a (e%partition, or ,. To indemnif" the co%heir the amount of the lesion suffered.

Art. 110/. A! heir who has alie!ated the whole or a o!sidera"le #art of the real #ro#ert$ ad&%di ated to him a!!ot mai!tai! a! a tio! for res issio! o! the )ro%!d of lesio!, "%t he shall ha*e a ri)ht to "e i!dem!ified i! ash.
#orrelated with the preceding article, this article is unnecessar" since an"wa" it is the part" sued who is given the option.

Art. 10''. +he #artitio! made "$ the testator a!!ot "e im#%)!ed o! the )ro%!d of lesio!, e0 e#t whe! the le)itime of the om#%lsor$ heirs is there"$ #re&%di ed, or whe! it a##ears or ma$ reaso!a"l$ "e #res%med, that the i!te!tio! of the testator was otherwise.
This article is an exception to the preceding article. 8 partition made b" the Testator himself is &$T sub/ect to rescission even in case of lesion in the amount specified in the preceding article. E3CE(+ i! the followi!) ases5 .. Impairment of the legitime even if the lesion is less than one%fourth! ,. Gistake b" the testator or vitiation of his intent.

Art. 1101. +he omissio! of o!e or more o"&e ts or se %rities of the i!herita! e shall !ot a%se the res issio! of the #artitio! o! the )ro%!d of lesio!, "%t the #artitio! shall "e om#leted "$ the distri"%tio! of the o"&e ts or se %rities whi h ha*e "ee! omitted.
Incompleteness of the partition is not a ground for rescission. The remed" is a supplemental partition.

Art. 1100. +he a tio! for res issio! o! a o%!t of lesio! shall #res ri"e after fo%r $ears from the time the #artitio! was made.
+rescriptive period of <$1( L5M ?'8() 2 this is the same period laid down in the general rule of rescission of contracts under article .9=6.

Art. 1102. A #artitio! made with #reteritio! of a!$ of the om#%lsor$ heirs shall !ot "e res i!ded, %!less it "e #ro*ed that there was "ad faith or fra%d o! the #art of the other #erso!s i!terested. "%t the latter shall "e #ro#ortio!atel$ o"li)ed to #a$ to the #erso! omitted the share whi h "elo!)s to him.
This is &$T preterition under 8rt=K5. This is simpl" an omission of a compulsor" heir in the partition, the assumption being something is left for him in the form of an undisposed portion of the estate. The omitted heir simpl" gets his rightful share &on v. #8! If the compulsor" heir is one in the direct line and is tota##y omitted from the inheritance, 8rt=K5 applies.

Art. 1101. +he heir who is s%ed shall ha*e the o#tio! of i!dem!if$i!) the #lai!tiff for the loss, or o!se!ti!) to a !ew #artitio!. I!dem!it$ ma$ "e made "$ #a$me!t i! ash or "$ the deli*er$ of a thi!) of the same ,i!d a!d 7%alit$ as that awarded to the #lai!tiff. If a !ew #artitio! is made, it shall affe t !either those who ha*e !ot "ee! #re&%di ed

Art. 1106. A #artitio! whi h i! l%des a #erso! "elie*ed to "e a! heir, "%t who is !ot, shall "e *oid o!l$ with res#e t to s% h #erso!.

SUCCESSION REVIEWER
This is the reverse of the preceding article. *ere an outsider is mistakenl" included in the partition. The obvious remed" is to recover the propert" from him and have it redistributed among the proper recipients.
8 person who disposes of his propert" gratis inter vivos is not called a testator, but a donor. In emplo"ing the word Qtestator,Q the law evidentl" desired to distinguish between one who freel" donates his propert" in life and one who disposes of it b" will to take effect after his death.

Tuason '. Tuason

- The siblings 8ngela, &ievaes and 8ntonio Tuason 0r., are co%owners of a land in )ampaloc, Ganila, each owning an undivided .D9 portion. &ieves wanted and asked for a partition of the propert", but failing in this, she offered to sell her .D9 portion. *er sister, brother and mother declined to bu" her share so she sold it to Hregorio 8raneta, a domestic corporation. - The new co%owners executed a G$8 to the effect that the" all agreed to improve the propert" b" filling it and constructing roads and curbs on the same and then subdivide it into small lots for sale. It also provided that the co%ownership shall be preserved until all the lots have been sold. - ;uring and after the execution of the G$8 8tt". 0. 8ntonio 8raneta, a member of the board of 8raneta, acted as the attorne" in fact of 8ngela and 8ntonio Tuason. - 8fter some time, 8ngela revoked the powers conferred on her attorne" in fact and decided to rescind the contract and asked that the propert" be partitioned. W$& the contract be declared null and void because its terms violate the provision of 8rt. 577 of the #ivil #ode. &o, 8rt.577 of the ## is not applicable. The contract far from violating the legal provision that forbids a co%owner from being obliged to remain a part" to the communit", precisel" has for its purpose and ob/ect the dissolution of the co%ownership and of the communit" b" selling the parcel held in common and dividing the proceeds of the sale among the co%owners. The obligation imposed in the contract to preserve the co%ownership until all the lots shall have been sold, is a mere incident to the main ob/ect of dissolving the co%ownership. - 3" virtue of the document, the parties thereto practicall" and substantiall" entered into a contract of partnership as the best and most expedient means of eventuall" dissolving the co%ownership, the life of the said partnership to end when the ob/ect of its creation shall have been attained. - 8rt. 577- &o co%owners shall be obliged to remain a part" to the communit". 'ach ma", at an" time, demand the partition of the thing held in common. - &evertheless, an agreement to keep the thing undivided for a specified length of time, not exceeding ten "ears, shall be valid. This period ma" be a new agreement.

#8)') <$( 8(TI#@') .74=%..7K .e!asto '. /er0osa

$n Ga" .9, .6,K, )abina 8lmadin executed a will devising certain parcels of land belonging to her, to her four nieces, Garia AerBosa, $liva AerBosa, Toribia AerBosa, and (uperta +alma, daughters of her sister #atalina 8lmadin, designating the parcels to be given to each. $n 8ugust =, .6,K, )abina 8lmadin partitioned her propert" among her aforesaid sister and nieces, executing separate ;eeds of )ale in favor of each of her nieces. The assignees, Garia AerBosa, Toribia AerBosa, $liva AerBosa, and (uperta +alma, took possession of their respective parcels thus ceded b" )abina 8lmadin, and have been cultivating them as exclusive owners thereof. 1nfortunatel", the will of )abina was not admitted to probate. 8 complaint was filed b" the administrator seeking deliver" of the parcels of land in the possession of )abinas nieces. 8s )abina 8lmadinPs will was disallowed for the reason that it did not contain all the essential requisites provided b" law for its validit", can the aforesaid partition of her estate made b" said testatrix among her nieces be deemed validC &$. It is an indispensable condition precedent to a testator partitioning his estate inter vivos that he have made a valid will disposing of said estate among his heirs; and if this will be declared null and void, the partition made b" the testator in pursuance of its provisions is likewise null and void, for where these provisions cease to exist, the partition made in conformit" therewith also becomes null and void, as the cessation of the cause implies the cessation of the effect. 8nd since )abina, 8lmadinPs will is null and void for lack of the legal requisites, consequentl", the partition which she made of her estate among her nieces the defendants%appellants herein, during her lifetime is likewise null and void. 8(T. .7K>. If the testator should make a partition of his propert" b" an act inter vivos, or b" will, such partition shall stand in so far as it does not pre/udice the legitime of the forced heirs. 8 testator ma", b" an act inter vivos, partition his propert", but he must first make a will with all the formalities provided for b" law. 8nd it could not be otherwise, for without a will there can be no testator; when the law, therefore, speaks of the partition inter vivos made b" a testator of his propert", it necessaril" refers to that propert" which he has devised to his heirs.

2arcia '. Ca#inisan

- Helacio Harcia died intestate, leaving a parcel of unregistered land Iloilo.$ - n his death the propert" was inherited b" his nephews, nieces, grandnephews who are the descendants of his late brothers, +edro, )imeon, 3uenaventura and Garcos. - 8 group of heirs signed a document entitled E'xtra/udicial +artition and ;eed of )aleF. In the same document, the heirs transferred the land to )pouses #alaliman. - The document was inscribed in the (; of Iloilo. - , weeks after, another group of heirs sold to )pouses #alaliman their shares, rights, interest and participation in the same parcel of land. The ;eed of )ale was registered in the (; of Iloilo.

SUCCESSION REVIEWER
- K months after, some of the heirs Lpetitioners hereinM filed a case for legal redemption of the R of the land which was sold b" their co%heirs to )pouses #alaliman. - The trial court ruled in favor of petitioners and ordering defendants to resell the propert". - *owever, the #8 reversed the decision and ordered for the dismissal of the complaint. - *ence, this petition. Whether petitioners exercised their right of redemption within the period fixed b" 8rt. .7==. - ?'). The )# reversed the decision of the #8 and reinstated the decision of the trial court. - &o notification in writing was ever received b" petitioners about the sale of the hereditar" interest of some of their co% heirs in the parcel of land the" inherited from the late Helacio Harcia. - 8lso, the )# held untenable the argument of respondents that the requirement that the notice must be in writing is deemed satisfied when petitioner <rancisco Harcia went to the $ffice of the (egister of ;eeds and saw for himself, read and understood the contents of the deeds of sale. - 3" citing another case, the #ourt did not consider the registration of the deed of sale with the (egister of ;eeds sufficient notice, most speciall" because the propert" involved was unregistered land. - Thus, the )# held that petitioners have not lost their right to redeem, for in the absence of a written notification of the sale b" the vendors, the 97%da" period has not even begun to run. - The )# also declared that petitioners can claim attorne"Ps fees for bad faith on the part of respondents, first, for refusing redemption, and secondl" for declaring the entire land as theirs, although the" knew some heirs had not sold their shares. - In the interpretation of a related provision L8rticle .>,9 of the &ew #ivil #odeM this #ourt had stressed that written notice is indispensable, actual knowledge of the sale acquired in some other manners b" the redemptioner, notwithstanding. *e or she is still entitled to written notice, as exacted b" the #ode, to remove all uncertaint" as to the sale, its terms and its validit", and to quiet an" doubt that the alienation is not definitive. The law not having provided for an" alternative, the method of notifications remains exclusive, though the #ode does not prescribe an" particular form of written notice nor an" distinctive method for written notification of redemption. - In the absence of a written notification of the sale b" the vendors, the 97%da" period provided in 8rt. .7== has not even begun to run. hereditar" rights in favor of his children in deference to the memor" of his wife. The #ourt gave effect to the affidavit and conformit" of the surviving spouse. Geanwhile, a certain 8tt". ;avid GontaSa, )r. allegedl", in behalf of the petitioner, moved to dismiss the probate proceedings and requested authorit" to proceed b" intestate proceedings on the ground that the will was void Lbecause @eodegaria cannot validl" dispose of her husbands shareM. This motion was granted b" the probate court and the petition for the allowance of the will was dismissed. <elix appealed the decision of the trial court declaring the will void before resolving the question of its formal validit".

Whether the probate court erred in passing upon the intrinsic validit" of the will, before ruling on its allowance or formal validit", and in declaring it void. - &$. In view of certain unusual provisions of the will, which are of dubious legalit", and because of the motion to withdraw the petition for probate Lwhich the lower court assumed to have been filed with the petitionerPs authoriBationM, the trial court acted correctl" in passing upon the willPs intrinsic validit" even before its formal validit" had been established. - The probate of a will might become an idle ceremon" if on its face it appears to be intrinsicall" void. Where practical considerations demand that the intrinsic validit" of the will be passed upon, even before it is probated, the court should meet the issue Whether or not the testator validl" prohibited the partition of her properties until after the lifetime of her husband and consequentl" ordered that the legitimes be paid in cash. - This provision of the will is void. <irst, the prohibition to partition the estate is onl" valid for twent" "ears. *ence, the prohibition lasting for the husbands lifetime shall be limited to ,7 "ears. - )econd, the provision stating that the legitimes should be paid in cash is contrar" to article .7=7 of the #ivil #ode - The onl" instance when the legitimes could be paid in cash is when an agricultural, commercial or manufacturing enterprise is granted to one or more children, in which case the legitimes of the other children to whom the propert" was not assigned shall be paid in cash. The article is not applicable when such propert" is devised to all the children. - 8rt .7=7

Ba#anay $r. '. :artine0

- @eodegaria 0ulian, in her will, partitioned her paraphernal as well as all the con/ugal properties as if the" were all owned b" her, disposing of her husbandPs one%half share. - The will also provided that the properties should not be divided during her husbandPs lifetime but should remain intact and that the legitimes should be paid in cash to be satisfied out of the fruits of the properties. - <elix 3alana", 0r. filed a petition for the approval of his motherPs will which was opposed b" the husband and some of her children. - ;uring the pendenc" of the probate proceedings <elix submitted to the court a document showing his fatherPs conformit" to the testamentar" distribution, renouncing his

,#e;an&ro '. C, 2arcia '. Ca#aiman /er&a& '. C,

Gacaria 8tega was the owner of a parcel of land. 8t the time of her death, she was survived b" her son from the first marriage, (amon burdeos and her children from the second marriage, including ;avid (osales. )ometime after Gacarias death, ;avid (osales likewise died intestate leaving his wife )ocorro and his brothers and sisters as his onl" heirs. The heirs of (amon 3urdeos sold to Tosima Aerdad their interest on the lot inherited from Gacaria. -

SUCCESSION REVIEWER
)ocorro discovered the sale while she was on the #it" Treasurers $ffice and that a da" after, she immediatel" sought for the redemption of the propert" for +,9,777. This offer was refused b" Tosima for being inadequate, the lots current value being =7,777. *ence, )ocorro filed a claim for legal redemption against Tosima Aerdad. Whether or &ot )ocorro has the legal standing to redeem said propert" ?es. It must be remembered that )ocorro is not filing for the legal redemption as an intestate heir of the mother%in% law, apparentl" she is not one. )ocorro derived the right from her husband, part of whose estate is a share in the mothers inheritance. It must be remembered that ;avid survived his mother, and hence when ;avid died, the inheritance derived from his mother was transmitted to the wife. Whether or not the cause of action alread" prescribed &o. 8ccording to 8rt .>,9 of the #ivil #ode, the right of redemption is to be exercised within 97 da"s from written notice b" the prospective vendor. The written notice under said article has been declared mandator" b" the court so as to remove all uncertainties about the sale, its terms and conditions, as well as its efficac" and status. The written notice of sale, which will commence the prescriptive period for the filing of an action for legal redemption granted to heirs, is G8&;8T$(?.

ENA O< <INA=S REVIEWER

CO>(ARISON O< RU=ES ON +ES+A+E ANA IN+ES+A+E SUCCESSION

RU=E
RI?B+ O< ACCRE+ION
+ES+A+E 8rt. .7.>. In order that the right of accretion ma" take place in a testamentar" succession, it shall be necessar"L.M That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and L,M That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. 8rt. .7,,. In testamentar" succession, when the right of accretion does not take place, the vacant portion of the IN+ES+A+E 8rt. .7.=. In legal succession the share of the person who repudiates the inheritance shall alwa"s accrue to his co%heirs. 8rt. 6>=. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. NO+ES 8rt. .7.K. 8ccretion is a right b" virtue of which, when two or more persons are called to the same inheritance, devise or legac", 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. 8rt. .7.6. The heirs to whom the portion goes b" the right of accretion take it in the same proportion that the" inherit. 8rt. .7,.. 8mong the compulsor" heirs the right of accretion shall

SUCCESSION REVIEWER
instituted heirs, if no substitute has been designated, shall pass to the legal heirs of the testator, who shall receive it with the same charges and obligations. take place onl" when the free portion is left to two or more of them, or to an" one of them and to a stranger. )hould the part repudiated be the legitime, the other co% heirs shall succeed to it in their own right, and not b" the right of accretion. 8rt. .7,K. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. 8 child alread" conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 5.. 8rt. .7KK. If a person, who is called to the same inheritance as an heir b" will and ab intestato, repudiates the inheritance in his capacit" as a testamentar" heir, he is understood to have repudiated it in both capacities. )hould he repudiate it as an intestate heir, without knowledge of his being a testamentar" heir, he ma" still accept it in the latter capacit". 8rt. .7,5. +ersons not incapacitated b" law ma" succeed b" will or ab intestato. The provisions relating to incapacit" b" will are equall" applicable to intestate succession.

CA(ACI+C +O SUCCEEA

8rt. .7,K. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. 8 child alread" conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 5.. 8rt. .7KK. If a person, who is called to the same inheritance as an heir b" will and ab intestato, repudiates the inheritance in his capacit" as a testamentar" heir, he is understood to have repudiated it in both capacities. )hould he repudiate it as an intestate heir, without knowledge of his being a testamentar" heir, he ma" still accept it in the latter capacit".

ACCE(+ANCE OR RE(UAIA+ION O< INBERI+ANCE

8rt. .75.. The acceptance or repudiation of the inheritance is an act which is purel" voluntar" and free. 8rt. .75,. The effects of the acceptance or repudiation shall alwa"s retroact to the moment of the death of the decedent. 8rt. .759. &o person ma" accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance.

BA=< 9=OOA ANA <U== 9=OOA 9RO+BERS ANA SIS+ERS RE(RESEN+A +ION

8rt. =5=. If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood, the inheritance shall be distributed equall" unless a different intention appears. 8rt. =K>. 8 voluntar" heir who dies before the testator transmits nothing to his heirs. 8 compulsor" heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressl" provided for in this #ode.

8rt. .77>. )hould brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. 8rt. 6>6. If the inheritance should be repudiated b" the nearest relative, should there be one onl", or b" all the nearest relatives called b" law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. 8rt. 64,. The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place onl" in favor of the children of brothers or sisters, whether the" be of the full or half blood. 8rt. 649. In order that representation ma" take place, it is necessar" that the representative himself be capable of succeeding the decedent.

SUCCESSION REVIEWER
8rt. 645. Whenever there is succession b" representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person the" represent would inherit, if he were living or could inherit. 8rt. 64K. When children of one or more brothers or sisters of the deceased survive, the" shall inherit from the latter b" representation, if the" survive with their uncles or aunts. 3ut if the" alone survive, the" shall inherit in equal portions.