Reviewer Succession

San Beda College of Law
53
MEMORY AID IN CIVIL LAW
SUCCESSION
SUCCESSION NOTE: The distinctions between
A mode of acquisition by virtue heirs and devisees/legatees are
of which the property, rights and significant in these cases:
obligations to the extent of the 1. Preterition (pretermission)
value of the inheritance, of a 2. Imperfect disinheritance
person are transmitted through 3. After-acquired properties
his death to another or others 4. Acceptance or non-
either by his will or by operation repudiation of the
of law. (Art. 774) successional rights.
Kinds: 3. DEATH OF THE DECEDENT (casual

1. Testamentary or Testacy (by will); element)
2. Legal or intestacy (by operation of Moment when rights to succeed are
law based on the decedents transmitted (Art 777)
presumed will); However, a person may be
3. Mixed (Partly Testamentary and presumed dead for the purpose of
Legal); and opening his succession (see rules on
4. Partition inter vivos (to a certain presumptive death). In this case,
degree). succession is only of provisional
character because there is always
Elements: the chance that the absentee may
1. DECEDENT (subjective element) still be alive.
2. SUCCESSORS (subjective element) 4. Inheritance (objective element);
a. Heirs - those who are called to
the whole or to an aliquot NOTE: Whatever may be the time when
portion of the inheritance either actual transmission takes place,
by will or by operation of law succession takes place in any event at
1) Voluntary those instituted the moment of the decedents death.
by the testator in his will, to (Lorenzo vs. Posadas 64 Phil 353)
succeed to the inheritance
or the portion thereof of SUCCESSION INHERITANCE
which the testator can freely Refers to the legal Refers to the
dispose. mode by which universality or
2) Compulsory or Forced those inheritance is entirety of the
who succeed by force of law transmitted to the property, rights
to some portion of the persons entitled and obligations of a
to it person who died
inheritance, in an amount
predetermined by law,
known as the legitime. Inheritance includes:
3) Legal or Intestate those 1. PROPERTY, RIGHTS AND OBLIGATIONS
who succeed to the estate of NOT EXTINGUISHED BY DEATH
the decedent who dies General rules on rights and
without a valid will, or to obligations extinguished by his
the portion of such estate death
not disposed of by will. a) Rights which are purely personal
b. Devisees or legatees - persons to are by their nature and purpose
whom gifts of real or personal intransmissible for they are
property are respectively given extinguished by death (e.g.
by virtue of a will those relating to civil
personality, family rights,
discharge of office).
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
54
b) Rights which are patrimonial or determination of whether or not the

relating to property are testamentary disposition is to be
generally part of inheritance as operative.
they are not extinguished by
death. NOTE: However, the following acts MAY
c) Rights of obligations are by be entrusted to a third person: (Article
nature transmissible and may 786 Civil Code)
constitute part of inheritance a. distribution of specific property
both with respect to the rights or sums of money that he may leave
of the creditor and as regards to in general to specified classes or
the obligations of the debtor. causes; and
b. designation of the persons,
2. ALL WHICH HAVE ACCRUED THERETO institutions or establishments to
SINCE THE OPENING OF SUCCESSION which such property or sums are to
(Article 781 Civil Code) be given or applied.
3. FREE AND VOLUNTARY ACT Any vice
I. TESTAMENTARY SUCCESSION affecting the testamentary freedom can
cause the disallowance of the will.
A. CONCEPT 4. FORMAL AND SOLEMN ACT The
formalities are essential for the validity
WILL - an act whereby a person is of the will.
permitted, with the formalities 5. ACT MORTIS CAUSA
prescribed by law, to control to a certain 6. AMBULATORY AND REVOCABLE
degree the disposition of his estate to DURING THE TESTATORS LIFETIME
take effect after his death (Art. 783) 7. INDIVIDUAL ACT Two or more persons
cannot make a single joint will, either
NOTE: Thus, a document that does not for their reciprocal benefit or for
purport to dispose of ones estate either another person. However, separate or
by the institution of heirs or designation individually executed wills, although
of devisees/legatees or, indirectly, by containing reciprocal provisions (mutual
effecting a disinheritance, is not to be wills), are not prohibited, subject to the
governed by the law on testamentary rule on disposicion captatoria.
succession but by some other applicable 8. DISPOSITION OF PROPERTY
laws.
B. INTERPRETATION OF WILLS (ARTS.
Kinds of Wills: 788-792)
1. Notarial or ordinary The testators intent (animus testandi),
2. Holographic as well as giving effect to such intent, is
primordial. It is sometimes said that the
Characteristics of a Will: supreme law in succession is the intent
1. UNILATERAL of the testator. All rules of construction
2. STRICTLY PERSONAL ACT - The are designed to ascertain and give effect
disposition of property is solely to that intention. It is only when the
dependent upon the testator. intention of the testator is contrary to
law, morals, or public policy that it
NOTE: The following acts MAY NOT be cannot be given effect.
left to the discretion of a third person:
(Article 785, 787 Civil Code) In case of doubt, that interpretation by
duration or efficacy of the designation of which the disposition is to be operative
heirs, devisees or legatees; shall be preferred. That construction is
determination of the portions which they to be adopted which will sustain and
are to take, when referred to by uphold the will in all its parts, if it can
name; and be done consistently with the
established rules of law.
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
55
Kinds of Ambiguities: (Article 786)

1. LATENT OR INTRINSIC AMBIGUITIES Requisites:
that which does not appear on the face 1. At least 18 years of age
of the will and is discovered only by 2. Of sound mind, i.e., the ability to
extrinsic evidence. know:
2. PATENT OR EXTRINSIC AMBIGUITIES a. the nature of the estate to be
that which appears on the face of the disposed of;
will itself b. the proper objects of his bounty;
and
NOTES: c. the character of the
There is no distinction between testamentary act.
patent and latent ambiguities, in so
far as the admissibility of parol or NOTE: The law presumes that the
extrinsic evidence to aid testator is of sound mind, UNLESS:
testamentary disposition is a. he, one month or less, before making
concerned. his will, was publicly known to be
Extrinsic evidence to explain insane; or
ambiguities in a will cannot include b. was under guardianship at the time of
oral declarations of the testator as making his will. (Torres and Lopez de
to his intention. Bueno vs. Lopez 48 Phil 772)
In both cases, the burden of proving
The validity of a will as to its form sanity is cast upon proponents of the
depends upon the observance of law will.
in force at the time it is made. (Art.
795). Effect of Certain Infirmities:
If a law different from the law in 1. mere senility or infirmity of old age
force at the time of the execution of does not necessarily imply that a
the will goes into effect before or person lacks testamentary capacity;
after the death of the testator, such 2. physical infirmity or disease is not
a law shall not affect the validity of inconsistent with testamentary
the will, provided that such will was capacity;
duly executed In accordance with 3. persons suffering from idiocy (those
the formalities prescribed by law in congenitally deficient in intellect),
force at the time it was made. imbecility (those who are mentally
deficient as a result of disease), and
AFTER-ACQUIRED PROPERTY (Art. 793) senile dementia (peculiar decay of
Gen. Rule: Property acquired during the the mental faculties whereby the
period between the execution of the will person afflicted is reduced to second
and the death of the testator is NOT childhood) do not possess the
included among the property disposed necessary mental capacity to make a
of. will;
Exception: When a contrary intention 4. an insane delusion which will render
expressly appears in the will one incapable of making a will may
be defined as a belief in things
NOTE: This rule applies only to legacies which do not exist, and which no
and devises and not to institution of rational mind would believe to exist;
heirs. 5. if the insane delusion touches to
subject matter of the will,
C. TESTAMENTARY CAPACITY testamentary disposition is void.
refers to the ability as well as the 6. a deaf-mute and blind person can
power to make a will. make a will (i.e. Art. 807-808). A
- must be present at the time of the blind man with a sound and disposing
execution of the will. mind can make a holographic will.
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
56
7. an intoxicated person or person 3. purpose is to 3. purpose is

under the influence of drugs may render available identification
make a will as there is no complete proof during
loss of understanding. probate of will
Exception: where the testator has
used intoxicating liquor or drugs c. MARGINAL SIGNATURES affixed by
excessively to such an extent as to the testator or the person requested
impair his mind, so that at the time by him to write his name and the
the will is executed, he does not instrumental witnesses of the will on
know the extent and value of his each and every page thereof, except
property, or the names of persons the last, on the left margin;
who are the natural objects of his
bounty, the instrument thus Exceptions to the rule that all of the
executed will be denied probate for pages of the will shall have to be
lack of testamentary capacity. signed on the left margin by the
testator and witnesses::
D. FORMALITIES OF WILLS (1) in the last page, when the will
(EXTRINSIC VALIDITY) consists of two or more pages;
(2) when the will consists of only one
COMMON FORMALITIES page;
1. Every will must be in writing; and (3) when the will consists of two
2. Executed in a language or dialect pages, the first of which contains all
known to the testator. the testamentary dispositions and is
signed at the bottom by the testator
SPECIAL FORMALITIES and the witnesses and the second
I. NOTARIAL OR ORDINARY WILL contains only the attestation clause
a. SUBSCRIPTION made at the end duly signed at the bottom by the
thereof by the testator himself or by witnesses.
the testator's name written by some
other person in his presence and by The inadvertent failure of one
his express direction; witness to affix his signature to one
Subscription refers to the page of a testament, due to the
manual act of testator and also simultaneous lifting of two pages in
of his instrumental witnesses of the course of signing, is not per se
affixing their signature to the sufficient to justify denial of probate
instrument. (Icasiano vs. Icasiano II SCRA 422).
b. ATTESTATION AND SUBSCRIPTION -
(evidenced by an attestation d. PAGE NUMBERINGS Written
clause) by 3 or more credible correlatively in letters placed on the
witnesses in the presence of the upper part of each page;
testator and of one another;
Attestation consists in the act of NOTE: This is not necessary when all of
witnesses of witnessing the the dispositive parts of a will are written
execution of the will in order to on one sheet only.
see and take note mentally that
such will has been executed in e. ACKNOWLEDGMENT Done before a
accordance with requirements notary public by the testator and the
prescribed by law. instrumental witnesses.
NOTE: The notary public before whom

ATTESTATION SUBSCRIPTION
1. an act of the 1. an act of the
the will was acknowledged cannot be
senses hand considered as the third instrumental
2. mental act 2. mechanical act witness since he cannot acknowledge
before himself his having signed the will.
If the third witness were the notary
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
57
public himself, he would have to avow, presence of the instrumental

assent, or admit his having signed the witnesses;
will in front of himself. To allow such When the testator expressly caused
would have the effect of having only two another to sign the formers name,
attesting witnesses to the will which this fact must be recited in the
would be in contravention of Arts. 805 attestation clause. Otherwise, the
and 806. (Cruz vs. Villasor 54 SCRA 31) will is fatally defective. (Garcia vs.
Lacuesta 90 Phil 489)
MANNER OF SIGNING:
The use of any signature, marks or 3. that the witnesses witnessed and
design intended by the testator to signed the will and all the pages
authenticate renders the will thereof in the presence of the
sufficiently signed by the testator. testator and of one another.
A signature by mark will be sufficient
even if at the time of placing it, the TEST OF PRESENCE: Not whether
testator knew how to write and is they actually saw each other sign,
able to do so. but whether they might have seen
It is sufficiently signed by writing his each other sign had they chosen to
initials, or his first name, or he may do so considering their mental and
use even an assumed name. physical condition and position with
A complete signature is not essential relation to each other at the
to the validity of a will, provided the moment of inscription of each
part of the name written was affixed signature. (Jaboneta vs. Gustilo)
to the instrument with intent to
execute it as a will. In the case of an ordinary or attested
will, its attestation clause need not
ATTESTATION CLAUSE be written in a language or dialect
- memorandum or record of facts known to the testator since it does
wherein the witnesses certify that the not form part of the testamentary
will has been executed before them, and disposition.
that it has been executed in accordance The language used in the attestation
with the formalities prescribed by law. clause likewise need not even be
Absence of this clause will render known to the attesting witnesses.
the will a nullity. Art. 805 merely requires that, in
such a case, the attestation clause
It must state the following ESSENTIAL shall be interpreted to said
FACTS: witnesses. (Caneda vs. CA 222 SCRA
1. the number of pages used upon 781)
which the will is written;
HOWEVER, even if number of pages is Effects of defects or imperfections in
omitted in the AC BUT if there is an the Attestation Clause:
acknowledgment clause which states the If the defect of the attestation
number of pages or the will itself clause goes into the very essence of
mentioned such number of pages, it may the clause itself or consists in the
still be considered valid applying the omission of one, some, or all of the
Liberal Interpretation of the law. essential facts, and such omission
(Tabuada vs. Rosal) cannot be cured by an examination
of the will itself, the defect is
2. the fact that the testator signed substantial in character, as a
the will and every page thereof, consequence of which the will is
or caused some other person to invalidated.
write his name, under his
express direction, in the However, In the absence of bad
faith, forgery, fraud, or undue and
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
58
improper pressure and influence, a. ordinary will: not an essential

defects and imperfections in the part;
form of attestation or in the b. holographic will: an essential
language used therein shall not part.
render the will invalid if it is proved 8. Failure or error to state the place of
that the will was in fact executed execution will not invalidate the
and attested in substantial will.
compliance with Art. 805 (formal 9. Signing of a will by the testator and
requirements). This is known as the witnesses and acknowledgment
DOCTRINE OF LIBERAL before a notary public, need not be
INTERPRETATION (Art. 809) a single act.
10. Testamentary capacity must also
exist at the time of
Purposes of requiring witness to attest acknowledgment.
and to subscribe to a will: ADDITIONAL REQUIREMENTS FOR
1. identification of the instrument SPECIAL CASES
2. protection of the testator from fraud 1. Deaf or deaf-mute testator:
and deception a) personal reading of the will, if
3. the ascertainment of the able to do so; OR
testamentary capacity of the b) if not possible, designation of 2
testator. persons to read the will and
communicate to him, in some
NOTE: Certain points to consider practicable manner, the contents
(Tolentino) thereof. (Article 807)
1. Mere knowledge by testator that 2. Blind testator:
another is signing, and acquiescing in Double-reading requirement:
it, there being no express a. first, by one of the subscribing
direction, is NOT sufficient. witnesses, AND
2. Not required that the name of the b. second, by the notary public
person who writes the testators before whom the will is
name should also appear on the will; acknowledged. (Article 808)
enough that testators name is Art. 808 applies not only to blind
written. testators but also to those who, for
3. If the required numbers of attesting one reason or another are incapable
witness are competent, the fact that of reading their wills (e.g. poor,
an additional witness, who was defective or blurred vision).
incompetent also attested to the
will, cannot impair the validity. In a case where the testator did not
4. Immaterial in what order the acts read the final draft of the will, but
are performed provided the the lawyer who drafted the
signature or acknowledgment by the document, read the same aloud in
testator and the attestation of the the presence of the testator, 3
witnesses be accomplished in one witnesses, and notary public, the
occasion, and as part of one Court held that the formal
transaction. imperfections should be brushed
5. The law refers to page and not to aside when the spirit behind the law
sheet or leaf or folio, so every page was served though the letter was
used in the will should be signed on not. (Alvarado vs. Gaviola 226 SCRA
the left margin. 347)
6. An attestation clause need be signed
ONLY by the witnesses and not by WITNESS TO NOTARIAL WILLS
the testator as it is a declaration (ARTS. 820 & 821)
made by the witnesses. Requirements:
7. date of will: 1. of sound mind;
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
59
2. able to read and write; de Jesus and Bibiana Roxas de Jesus,

3. not blind, deaf or dumb; 134 SCRA 245)
4. at least 18 years of age;
5. domiciled in the Philippines; Rule in case of insertion, cancellation,
erasure or alteration:
6. has not been convicted of
Testator must authenticate the same
falsification of a document, perjury,
or false testimony by his FULL SIGNATURE. (Article 814)
NOTE: A witness need not know the NOTE: In the case of Kalaw vs. Relova
contents of the will, and need not be (134 SCRA 241), the holographic will in
shown to have had a good standing in the dispute had only one substantial
community where he lives. Also, the provision, which was altered by
acknowledging notary public cannot be substituting the original heir with
one of the 3 minimum numbers of another, but which alteration did not
witnesses. carry the requisite of full authentication
Interested witness by the full signature of the testator, the
A witness to a will who is effect must be that the entire will is
voided or revoked for the simple reason
incapacitated from succeeding from
that nothing remains in the will after
the testator by reason of a
that which could remain valid.
devise/legacy or other testamentary
disposition therein in his favor, or in
Effects of words written by another
favor of his spouse, parent, or child.
and inserted in the words written by
However, his competence as a
the testator:
witness subsists.
a. If the insertion was made after the
execution of the will, but without
2. HOLOGRAPHIC WILL (Article 810)
the consent of the testator, such
a. entirely written by the hand of
insertion is considered as not
the testator;
written, because the validity of the
b. entirely dated by the hand of
will cannot be defeated by the
the testator; and
malice or caprice of third person.
c. entirely signed by the hand of
b. If the insertion after the execution
the testator.
of the will was with the consent of
the testator, the will remains valid
NOTE: The law exacts literal but the insertion is void.
compliance with these requirements. c. If the insertion after the execution is
HENCE, THE DOCTRINE OF LIBERAL validated by the testator by his
INTERPRETATION CANNOT BE APPLIED. signature thereon, then the insertion
becomes part of the will, and the
Nevertheless, the Court held in a entire will becomes void, because
case that as a general rule, the of failure to comply with the
date in a holographic will should requirement that it must be wholly
include the day, month, and year of written by the testator.
its execution. However, when there d. If the insertion made by a third
is no appearance of fraud, bad faith, person is made contemporaneous to
undue influence and pressure and the execution of the will, then the
the authenticity of the will is will is void because it is not written
established and the only issue is entirely by the testator.
whether or not the date FEB./61
appearing on the will is a valid Probate of Holographic Will
compliance with Art. 810, probate of 1. If UNCONTESTED, requires that at
the holographic will should be least 1 witness who knows the
allowed under the principle of handwriting and signature of the
substantial compliance. (In the testator explicitly declare that the
matter of Intestate Estate of Andres will and signature are in the
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
60
handwriting of the testator; if no 2) The law of the place in which he

witness, expert testimony may be resides; or
resorted to. 3) The law of his country; or
2. If CONTESTED, requires at least 3 of 4) The law of the Philippines.
such credible witnesses, if none
expert witness. Aspects of the will governed by
National Law of the Decedent (Article
NOTE: Where the testator himself 1039 and Article 16 Civil Code)
petitions for the probate of his a. Order of succession
holographic will and no contest is file, b. Amount of successional rights
the fact that he affirms that the c. Intrinsic validity
holographic will and the signature are in d. Capacity to succeed
his own handwriting, shall be sufficient
evidence thereof. If the holographic will Joint will a single testamentary
is contested, the burden of disproving instrument which contains the wills of
the genuineness and due execution two or more persons, jointly executed by
thereof shall be on the contestant. them, either for their reciprocal benefit
or for the benefit of a third person
A photostatic or xerox copy of a lost --will of 2 or more persons is made in the
or destroyed holographic will may be same instrument and is jointly signed by
admitted because the authenticity of them
the handwriting of the deceased can
be determined by the probate court, Mutual wills wills executed pursuant to
as comparison can be made with the an agreement between two or more
standard writings of the testator. persons to dispose of their property in a
(Rodelas vs. Aranza, 119 SCRA 16) particular manner, each in consideration
of the other
GOVERNING LAW ON FORMALITIES --separate wills of 2 persons, which are
1. As to time: reciprocal in their provisions.
The validity of a will as to its form
depends upon the observance of the Reciprocal wills- wills in which the
law in force at the time it is made. testators name each other as
Its intrinsic validity, however, is beneficiaries under similar testamentary
judged at the time of the plans
decedents death by the law of his
nationality. NOTE: A will that is both joint and
mutual is one executed jointly by two or
2. As to place: more persons, the provisions of which
a. Filipino testator executing a will in are reciprocal and which shows on its
the Philippines: Philippine law face that the devises are made in
b. Filipino testator executing a will consideration of the other. Such is
outside of the Philippines: either prohibited.
1) The law of the country in which
it is executed; or Reasons:
2) The law of the Philippines. 1. will is purely personal and unilateral
c. Alien testator executing a will in the act
Philippines: either 2. contrary to the revocable character
1) The law of the Philippines; or of a will
2) The law of the country of which 3. may expose the testator to undue
he is a citizen or subject. influence, and may even induce one
d. Alien testator executing a will of the testators to kill the other.
outside of the Philippines: either
1) The law of the place where it is NOTE: Joint wills executed by Filipinos
executed; or in a foreign country shall not be valid in
the Philippines, even though authorized
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
61
by the foreign country in which they may

have been executed (Article 819 Civil REVOCATION
Code). An act of the mind, terminating the
This prohibition is applicable potential capacity of the will to
only in joint wills executed by Filipinos operate at the death of the testator,
in a foreign country; it does NOT APPLY manifested by some outward or
to joint wills executed by aliens. visible act or sign, symbolic thereof.
Such right to revoke a will cannot be
waived or restricted.
E. CODICIL AND INCORPORATION BY
REFERENCE LAWS WHICH GOVERN REVOCATION
(ART 829)
CODICIL 1. If the revocation takes place in the
A supplement or addition to a will, Philippines, whether the testator is
made after the execution of a will domiciled in the Philippines or in
and annexed to be taken as a part some other country, it is valid when
thereof, by which any disposition it is in accordance with the laws of
made in the original will is the Philippines
explained, added to, or altered. 2. If the revocation takes place outside
(Article 825) the Philippines, by a testator who is
NOTE: To be effective, it must be domiciled in the Philippines, it is
executed as in the case of a will. Its valid when it is in accordance with
execution has the effect of republishing the laws of the Philippines
the will as modified. 3. Revocation done outside the
Philippines, by a testator who does
INCORPORATION BY REFERENCE not have his domicile in this
(ART 827) country, is valid when it is done
Contemplates only lists of according to the:
properties, books of accounts, and a. laws of the place where the
inventories. will was made, or
Provisions which are in the nature of b. laws of the place in which the
testamentary dispositions must be testator had his domicile at the
contained in the will itself. time of revocation;
Requisites for a valid incorporation by MODES OF REVOCATION (ART 830)

reference: (ART 827) 1. By implication of law:
1. The document or paper referred to a. legal separation revokes
in the will must be in existence at testamentary provisions in favor
the time of the execution of the of the offending spouse;
will; b. preterition revokes the
2. The will must clearly describe and institution of heir;
identify the same, stating among c. judicial action for recovery of
other things the number of pages debt revokes a legacy of
thereof; credit/remission of debt;
3. It must be identified by clear and d. transformation, alienation, or
satisfactory proof as the document loss of bequeathed property
or paper referred to therein; revokes a legacy of such
4. It must be signed by the testator and property;
the witnesses on each and every e. act of unworthiness by an heir,
page, except in case of voluminous devisee/legatee revokes
books of account or inventories. testamentary provisions in his
favor;
F. REVOCATION OF WILLS AND f. if both spouses of the
TESTAMENTARY DISPOSITIONS subsequent marriage acted in
bad faith, said marriage shall be
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
62
void ab initio and testamentary testators presence is an ineffective

dispositions made by one in revocation of the will.
favor of the other are revoked
by operation of law (Art. 44, DOCTRINE OF PRESUMED REVOCATION
Family Code); and Whenever it is established that the
g. void ab initio or annulled testator had in his possession or had
marriages revoke testamentary ready access to the will, but upon
dispositions made by one spouse his death it cannot be found or
in favor of the other (Art. 50, located, the presumption arises that
Family Code). it must have been revoked by him by
2. By some will, codicil, or other an overt act.
writing, executed as provided in Where it is shown that the will was
case of wills, which may either be: in custody of the testator after its
a. Express when there is a execution, and subsequently, it was
revocatory clause expressly found among the testators effects
revoking the previous will or a after his death in such a state of
part thereof mutilation, cancellation or
b. Implied when the provisions obliteration as represents a
thereof are partially or entirely sufficient act of revocation, it will
inconsistent with those of the be presumed in the absence of
previous will evidence to the contrary, that such
NOTE: While express revocation may be act was performed by the testator
effected by a subsequent will, or a with the intention of revoking the
codicil, or a nontestamentary writing will.
executed as provided in case of wills,
implied revocation may be effected only DOCTRINE OF DEPENDENT RELATIVE
by either a subsequent will, or a codicil. REVOCATION (ART 832)
A revocation subject to a condition
3. By burning, tearing, cancelling, or does not revoke a will unless and
obliterating the will. until the condition occurs. Thus,
Requisites: where a testator revokes a will
a. testamentary capacity at the with the proven intention that he
time of performing the act of would execute another will, his
destruction; failure to validly make a latter will
b. intent to revoke (animus would permit the allowance of the
revocandi); earlier will.
c. actual physical act of
destruction; Where the act of destruction is
d. completion of the subjective connected with the making of
phase; and another will so as fairly to raise the
e. performed by the testator inference that the testator meant
himself or by some other person the revocation of the old to depend
in his presence and express upon the efficacy of the new
direction disposition intended to be
(THE LIST IS EXCLUSIVE.) substituted, the revocation will be
conditional and dependent upon the
NOTE: The act of revocation is a efficacy of the new disposition; and
personal act of the testator. He cannot if for any reason, the new will
delegate to an agent the authority to do intended to be made as a substitute
the act for him. Another person, is inoperative, the revocation fails
however, may be selected by him as an and the original will remains in full
instrument and directed to do the force (Vda. De Molo vs. Molo 90 Phil
revocatory acts in his presence. A 37).
destruction not accomplished in the
Revocation by mistake
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
63
A revocation of a will based on a

false cause or an illegal cause is null 2. Corrects extrinsic 2. Restores a revoked
and void. Thus, where a testator by and intrinsic will
defects.
a codicil or later will, expressly
grounding such revocation on the
assumption of fact which turns out REVIVAL
to be false, as where it is stated that The restoration to validity of a will
the legatees/devisees named therein previously revoked by operation of
are dead, when in fact, they are law (implied revocation).
living, the revocation does not take
effect. PRINCIPLE OF INSTANTER
The express revocation of the first
G. REPUBLICATION AND REVIVAL OF will renders it void because the
WILLS revocatory clause of the second will,
not being testamentary in character,
REPUBLICATION operates to revoke the previous will
The act of the testator whereby he instantly upon the execution of the
reproduces in a subsequent will will containing it.
(express) the dispositions contained NOTE: In implied revocation, the first
in a previous will which is void as to will is not instantly revoked by the
its form, or he executes a codicil second will because the inconsistent
(constructive) to his will. testamentary dispositions of the latter
Its purpose is to cure the will of its do not take effect immediately but only
after the death of the testator.
formal defects.
H. ALLOWANCE AND DISALLOWANCE OF
WILLS
NOTES:
To republish a will void as to its PROBATE
form, all the dispositions must be A special proceeding mandatorily
reproduced or copied in the new or required for the purpose of
subsequent will; establishing the validity of a will.
To republish a will valid as to its The statute of limitations is not
form but already revoked the applicable to probate of wills.
execution of a codicil which makes
reference to the revoked will is Questions determinable by the probate
sufficient. court: (ICE)
1. identity of the will;
Effects of Republication by virtue of a 2. testamentary capacity of the
Codicil: testator at the time of the execution
1. Codicil revives the previous will of the will; and
2. The old will is republished as of the 3. due execution of the will.
date of the codicil makes it speak,
as it were, from the new and later GENERAL RULE: In probate
date. proceeding, the courts area of inquiry is
3. A will republished by a codicil is limited to an examination of, and
governed by a statute enacted to the resolution on the extrinsic validity if the
execution of the will, but which was will, the due execution thereof, the
operative when the codicil was testatrixs testamentary capacity and
executed. the compliance with the requisites or
solemnities prescribed by law. The
REPUBLICATION REVIVAL probate court cannot inquire into the
intrinsic validity of testamentary
1. Takes place by an 1. Takes place by provisions.
act of the testator operation of law.
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
64
EXCEPTION: Practical considerations, the defective will, the payment is

e.g. when the will is intrinsically void on effective and irrevocable (Article
its face. 1430, NCC; Natural Obligations).
In Nuguid vs Nuguid (17 SCRA 449), Grounds for Disallowance of a Will (ART
the Supreme Court held that, if the 839)
case were to be remanded for 1. Formalities required by law have not
probate of the will, nothing will be been complied with;
gained. On the contrary, this 2. Testator was insane, or otherwise
litigation would be protracted. And incapable of making a will, at the
for aught that appears in the record, time of its execution;
in the event of probate or if the 3. Will was executed through force or
court rejects the will, probability under duress, or the influence of
exists that the case will come up fear, or threats;
once again before us on the same 4. Will was procured by undue and
issue of the intrinsic validity or improper pressure and influence, on
nullity of the will. RESULT: waste of the part of the beneficiary or of
time, effort, expense, plus added some other person;
anxiety. 5. Signature of the testator was
procured by fraud;
In Nepomuceno vs CA (139 SCRA 6. Testator acted by mistake or did not
207), the Court ruled that the court intend that the instrument he signed
can inquire as to the intrinsic should be his will at the time of
validity of the will because there affixing his signature thereto.
was an express statement that the NOTE: GROUNDS ARE EXCLUSIVE.
beneficiary was a mistress.
NOTES:
Criminal action will not lie against Fair arguments, persuasion, appeal
the forger of a will which had been to emotions, and entreaties which,
duly admitted to probate by a court without fraud or deceit or actual
of competent jurisdiction. (Mercado coercion, compulsion or restraint do
vs. Santos 66 Phil. 215) not constitute undue influence
sufficient to invalidate a will.
The fact that the will has been (Barreto vs. Reyes 98 Phil 996)
allowed without opposition and the Burden is on the person challenging
order allowing the same has become the will to show that such influence
final and executory is not a bar to was exerted at the time of its
the presentation of a codicil, execution.
provided it complies with all the To make a case of UNDUE
formalities for executing a will. It is INFLUENCE, the free agency of the
not necessary that the will and testator must be shown to have been
codicil be probated together as the destroyed; but to establish a ground
codicil may be concealed by an of contest based on FRAUD, free
interested party. They may be agency of the testator need not be
probated one after the other. shown to have been destroyed.
(Macam vs. Gatmaitan 60 Phil 358) Allegations of fraud and undue
influence are mutually repugnant
When a will is declared void because and exclude each other; their joining
it has not been executed in as grounds for opposing probate
accordance with the formalities shows absence of definite evidence
required by law, but one of the against the validity of the will
intestate heirs, after the settlement (Icasiano vs. Icasiano 11 SCRA 422)
of the debts of the deceased, pays a
legacy in compliance with a clause in REVOCATION DISALLOWANCE
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
65
1. voluntary act of 1. given by judicial INSTITUTION BASED ON A FALSE CAUSE

the testator. decree. (Article 850)
2. with or without 2. must always be
GENERAL RULE: The statement of a
cause. for a legal cause. false cause for the institution of an heir
shall be considered as not written.
3. may be partial or 3. always total Reason: Generosity of the testator is
total. except: when the the real cause of the testamentary
ground of fraud or disposition.
influence for EXCEPTION: If it appears from the face
example affects
only certain of the will that the testator would not
portions of the have made the institution had he known
will. the falsity of the cause.
Example: Where the person
I. INSTITUTION OF HEIRS instituted is a total stranger to the
(ARTS. 840-856) testator, it is obvious that the real
cause of the testamentary
INSTITUTION disposition is not the generosity of
An act by virtue of which a testator the testator but the fact itself which
designates in his will the person or turned out to be false.
persons who are to succeed him in
his property and transmissible rights REQUISITES FOR THE ANNULMENT OF
and obligations. (Art 840) INSTITUTION OF HEIRS:
The proper test in order to 1. cause of institution of heirs must be
determine the validity of an stated in will;
institution of heir is the possibility of 2. cause must be shown to be false;
finally ascertaining the identity of 3. it must appear from the face of the
the instituted heir by intrinsic or will that the testator would not have
extrinsic evidence. made the institution had he known
the falsity of the cause.
PRESUMPTIONS
1. Presumption of Equality Heirs Where the one-sentence will
instituted without designation of institutes the petitioner as the sole,
shares shall inherit in equal parts. universal heir and preterits the
This is limited only to the case parents of the testatrix, and it
where all of the heirs are of the contains no specific legacies or
same class or juridical condition, and bequests, such universal institution
where there are compulsory heirs of petitioner, by itself, is void.
among the heirs instituted, it should Intestate succession ensues.
be applied only to the disposable (Nuguid vs. Nuguid, et al. 17 SCRA
free portion. 449)
2. Presumption of Individuality When
the testator institutes some heirs PRETERITION (ART. 854)
individually and others collectively, Omission in the testators will of
those collectively designated shall one, some, or all of the compulsory
be considered as individually heirs in the direct line, whether
instituted, unless it clearly appears living at the time of the execution of
that the intention of the testator the will or born after the death of
was otherwise. the testator.
3. Presumption of Simultaneity when
the testator calls to the succession a Requisites:
person and his children, they are all 1. The heir omitted must be a
deemed to have been instituted compulsory heir in the direct line;
simultaneously and not successively.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
66
2. The omission must be complete and

total in character; and 3. law presumes 3. done with a
3. The compulsory heir omitted must that there has been legal cause.
survive the testator. merely an oversight
or mistake on the
part of the testator.
There is no total omission
when: 4. omitted heir gets 4. if disinheritance
a. A devise/legacy has been given not only his legitime is not lawful,
to the heir by the testator but also his share in compulsory heir is
b. A donation inter vivos has been the free portion not merely restored to
previously given to the heir by disposed of by way his legitime.
the testator; or of legacies/ devises.
c. Anything is left from the
inheritance which the heir may Where the deceased left no
get by way of intestacy. descendants, legitimate or
illegitimate, but she left forced heirs
NOTE: In the above cases, the in the direct ascending lineher
remedy of the heir is completion of parents, and her holographic will
legitime under Art. 906, in case the does not explicitly disinherit them
value of the property received is less but simply omits them altogether,
than the value of the legitime. the case is one of preterition of
parents, not a case of ineffective
Effects of Preterition: disinheritance. (Nuguid vs. Nuguid
1. It annuls the institution of heir; 17 SCRA 449)
2. The devises and legacies are valid
insofar as they are not inofficious; NOTE: Preterition of the surviving
and spouse (SS) does not entirely annul the
3. If the omitted compulsory heir institution of the heir since SS is not a
should die before the testator, the compulsory heir in the direct line.
institution shall be effectual, However, since Article 842 protects the
without prejudice to the right of legitime of the SS, the institution is
representation. partially annulled by reducing the rights
NOTE: In case of omission without of the instituted heir to the extent
preterition, the rule in Art. 855 should necessary to cover the legitime of SS.
be followed. The suggested alternate (Tolentino)
phrasing of Dr. Tolentino to the said
article is: The share of the compulsory EFFECT OF PREDECEASE
heir omitted in a will must be first --an heir who dies before the testator
taken from the part of the estate not shall transmit no right to his own heirs
disposed of by the will, if any; if that is (rule is absolute with respect to a
not sufficient, so much as may be voluntary heir)
necessary must be taken proportionally --what is transmitted to the
from the shares of the heirs given to representatives of compulsory heir is his
them by will. right to the legitime and not to the free
portion
PRETERITION DISINHERITANCE EFFECT OF INCAPACITY
--A voluntary heir who is incapacitated
1. deprivation of a 1. deprivation of a to succeed from testator shall transmit
compulsory heir of compulsory heir of no right to his own heirs.
his legitime is tacit his legitime is --compulsory heir may be represented,
express. but only with respect to his legitime
2. may be voluntary 2. always EFFECT OF REPUDIATION
but the law voluntary.
presumes that it is
--whether voluntary or compulsory, the
involuntary heir who repudiates his inheritance
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
67
cannot transmit any right to his own Requisites:

heirs. a. First heir (fiduciary) called to the
succession.
J. SUBSTITUTION OF HEIRS b. An obligation clearly imposed upon
(ARTS 857-870) such first heir to preserve the
property and to transmit it to the
SUBSTITUTION second heir.
The act by which the testator c. Second heir (fideicommissary) to
designates the person or persons to whom the property is transmitted by
take the place of the heir or heirs the first heir.
first instituted (Tolentino). It may be Without the obligation clearly
considered as a subsidiary and imposing upon the first heir the
conditional institution. preservation of the property and its
transmission to the second heir,
Kinds: there is no fideicommissary
1. Simple or Common (that which substitution (Rabadilla vs. CA 334
takes place when the testator SCRA 522)
designates one or more persons to
substitute the heirs/s instituted in NOTE: Pending transmission of property,
case such heir/s should die before the fiduciary is entitled to all the rights
him, or should not wish, or should be of a usufructuary, although the
incapacitated to accept the fideicommissary is entitled to all the
inheritance) rights of a naked owner.
2. Brief or Compendious: brief (there
are two or more persons designated Limitations:
by the testator to substitute for only a. Substitution must not go beyond one
one heir), compendious (one heir is degree from the heir originally
designated to take the place of two instituted.
or more heirs) b. Degree means degree of
relationship.
Instances when substitution c. Fiduciary and fideicommissary must
takes place: be living at the time of the death of
a. instituted heir predeceases the the testator.
testator; d. Substitution must not burden the
b. incapacity of the instituted heir legitime of compulsory heirs.
to succeed from the testator; e. Substitution must be made expressly.
and A fideicommissary substitution is
c. repudiation of the inheritance. void if the first heir is not related in
the 1st degree to the second heir
Effect of substitution: (Ramirez vs. Vda. De Ramirez 111
General rule: once the substitution SCRA 704)
has taken place, the substitute shall
not only take over the share that K. CONDITIONAL, MODAL
would have passed to the instituted TESTAMENTARY DISPOSITIONS, AND
heir, but he shall be subject to the TESTAMENTARY DISPOSITIONS WITH A
same charges and conditions TERM (ART 871-885)
imposed upon such instituted heir.
Exceptions: GENERAL RULE: The institution of an
(1) When the testator has expressly heir may be made 1) conditionally, 2) for
to the contrary; a term, or 3) for a certain purpose or
(2) When the charges or conditions cause (modal). Conditions, terms, and
are personally applicable only to the modes however, are not presumed; they
heir instituted. must be clearly expressed in the will.
The condition must fairly appear from
3. Fideicommissary
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
68
the language of the will. Otherwise, it is the testator or of any other person
not binding. shall be void (disposicion
captatoria).
LIMITATIONS: 6. Conditions imposed by the testator
1. The testator cannot impose any upon the heirs shall be governed by
charge, burden, encumbrance, the rules established for conditional
condition, or substitution obligations in all matters not
whatsoever upon the legitime of provided for by the law on
compulsory heirs. succession.
2. Impossible conditions and those
contrary to law or good customs are Kinds of Conditions
presumed to have been imposed 1. Potestative Condition depends
erroneously or through oversight, exclusively upon the will of the heir,
thus, are considered as not imposed. devisee, or legatee, and must be
3. An absolute condition not to performed by him personally.
contract a first marriage is always 2. Causal Condition depends upon the
void and will be considered as not will of the heir, devisee, or legatee,
written. but upon the will of a third person.
4. An absolute condition not to 3. Mixed depends jointly upon the will
contract a subsequent marriage is of the heir, devisee, or legatee and
generally void, unless imposed upon upon chance and/or will of a third
a widow or widower by the deceased person.
spouse or by the latters ascendants
or descendants. Even so, however, Fulfillment of Conditions:
the legitime of the surviving spouse 1. Potestative Conditions must be
cannot be impaired. fulfilled after the death of the
testator (except when it has already
An absolute condition not to been fulfilled and is of such nature
contract marriage when validly that it cannot be repeated);
imposed is resolutory in character. 2. Causal or mixed conditions may be
Consequently, if the testator fulfilled either before or after such
institutes his wife as heir subject to death, unless the testator has
the condition that she will never provided otherwise.
marry again, she immediately
acquires a right to the inheritance
upon the death of testator, but if she
violates the condition by contracting MODAL INSTITUTION (INSTITUCION SUB
a 2nd marriage, she loses her right to MODO)
said inheritance. Attachment by the testator to an
institution of heir, or to a devise or
NOTE: However, the following relative legacy, of a statement of the:
conditions regarding marriage have been a. object of the institution;
considered as valid and binding: b. application of the property left
a. generic condition to contract by testator; or
marriage; c. charge imposed by him.
b. specific condition to contract
marriage with a determinate NOTES:
person; and When in doubt as to whether there is
c. specific condition not to a condition or merely a mode,
contract marriage with a consider the same as mode.
determinate person. When in doubt as to whether there is
a mode or merely a suggestion,
5. Any disposition made upon the
consider same only as a suggestion.
condition that the heir shall make
some provisions in his will in favor of
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
69
The condition suspends but does disposable free portion is that which
not obligate; the mode obligates remains after the legitime has been
but does not suspend (for he who covered.
inherits with a mode is already an
heir; one who inherits conditionally COMPULSORY HEIRS (CH)
is not yet an heir) Those for whom the legitime is
reserved by law, and who succeed
DOCTRINE of CONSTRUCTIVE whether the testator likes it or not.
FULFILLMENT: When without the fault They cannot be deprived by the
of the fault of the heir, an institucion testator of their legitime except by
sub modo cannot take effect in the disinheritance properly effected.
exact manner stated by the testator, it
shall be complied with in a manner most Kinds of Compulsory Heirs:
analogous to and in conformity with his 1. Primary those who have
wishes. precedence over and exclude other
CH. E.g. LCD.
NOTE: 2. Secondary those who succeed only
If the condition is casual, the in the absence of the primary CH.
E.g. LPA or IP.
doctrine is not applicable since the
3. Concurring those who succeed
fulfillment of the event which
together with the primary or
constitutes the condition is
secondary CH. E.g. ICD and SS.
independent of the will of the heir,
devisee/legatee. If the condition is
potestative or mixed, the doctrine is If the testator is If the testator is
applicable. a LEGITIMATE an ILLEGITIMATE
person person
L. LEGITIMES (ARTS 886 914)
LEGITIME 1. Legitimate 1. Legitimate
children and children and
That part of the testators property
descendants descendants
which he cannot dispose of because (LCD) (LCD)
the law has reserved it for certain
heirs who are, therefore, called 2. In default of 2. Illegitimate
compulsory heirs. the foregoing, children and
legitimate descendants
parents and (ICD)
ascendants
(LPA)
The course of action to enforce a
3. Surviving 3. In default of
legitime accrues upon the death of spouse (SS) the foregoing,
the donor-decedent since it is only illegitimate
then that the net estate may be parents only
ascertained and on which basis, the (IP)
legitime may be determined.
(Imperial vs. CA 316 SCRA 313) 4. Illegitimate 4. Surviving
children and spouse (SS)
NOTE: One half of the estate is always descendants
reserved for the primary or secondary (ICD)
compulsory heirs. The other half is what
is termed under the NCC as the free NOTES:
portion from which the legitime of the See Sections 17 & 18 of R.A. 8552.
concurring compulsory heirs are taken. By force of the Family Code,
This free portion is different from the adopted children are deemed
disposable free portion over which the legitimate children of the adopters.
testator has testamentary control. The
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
70
By force of the Family Code, IC reduction pro

rata because
without distinction and so long as
there is no
their filiation is duly established or preference
proved in accordance with law, are among
each entitled to 1/2 of the legitime themselves.
of a LC, thus abrogating the 5:4 ratio
between natural and non- LPA Whether they
natural IC. survive alone
or with
RULES: concurring
CH.
1. Direct descending line
a. Rule of preference between lines LPA IC succeed in
b. Rule of proximity IC the in
c. Right of representation ad equal shares.
infinitum in case of predecease,
incapacity, or disinheritance (LC: LPA
LD only; IC: both LD and ID) SS
d. If all the LC repudiate their
legitime, the next generation of LPA
SS 1/8
LD succeed in their own right
IC
2. Direct ascending line
a. Rule of division by lines IC Divide equally
b. Rule of equal division among the IC.
3. Non-impairment of legitime
TABLE OF LEGITIMES SS 1/3

SURVIVOR LEGITIME NOTES IC 1/3
LC Divide by the SS 1/3 if

# of LC, marriage is in
whether they articulo
survive alone mortis and
or with deceased
concurring spouse dies
CH. within 3 mos.
after the
1 LC marriage.
SS
IP
2 or more
LC equal to 1
SS LC IP -excluded- Children
Any child It depends inherit in the
LC amounts
IC of 1 LC established in
the foregoing
LC All the rules.
SS concurring CH
IC of 1 LC get from the IP Only the
half free SS parents are of
portion, the IC are
share of the included.
SS having Grandparents
preference and other
over that of ascendants
the IC, whose are excluded.
share may
suffer
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
71
obliged to reserve such property for

the benefit of relatives who are
STEPS IN DETERMINING THE LEGITIME within the 3rd degree and who belong
OF COMPULSORY HEIRS: to the line from which such property
1. Determination of the gross value of came.
the estate at the time of the death It constitutes as an exception to
of the testator; both the system of legitime and the
2. Determination of all debts and order of intestate succession.
charges which are chargeable Purposes:
against the estate; 1. To reserve certain property in favor
3. Determination of the net value of of certain persons;
the estate by deducting all the debts 2. To prevent persons outside a family
and charges from the gross value of from acquiring, by some chance or
the estate; accident, property which otherwise
4. Collation or addition of the value of would have remained with the said
all donations inter vivos to the net family;
value of the estate; 3. To maintain a separation between
5. Determination of the amount of the paternal and maternal lines.
legitime from the total thus found; NOTE: Considering the rationale for
6. Imputation of the value of all reserva troncal which is to ultimately
donations inter vivos made to revert ownership of property that
compulsory heirs against their originally belongs to a line of relatives
legitime and of the value of all but which by force of law passes to a
donations inter vivos made to different line, the reserva would have no
strangers against the disposable free reason to arise where the ascendants
portion and restoration to the who acquire the property themselves
hereditary estate if the donation is belong to the line of relatives from
inofficious; and which the property was, in turn,
7. Distribution of the residue of the acquired by the descendant.
estate in accordance with the will of
the testator Requisites:
1. The property should have been
COLLATION acquired by operation of law by an
1. Fictitious mathematical process of ascendant (reservista) from his
adding the value of the thing descendant (propositus) upon the
donated to the net value of the death of the latter.
hereditary estate (Art. 908 and Arts. 2. The property should have been
1061-1077). previously acquired by gratuitous
2. Act of charging or imputing such title by the descendant (propositus)
value against the legitime of the from another ascendant or from a
compulsory heir to whom the thing brother or sister (originator).
was donated (Arts. 1061-1077). 3. The descendant (propositus) should
3. Actual act of restoring to the have died without any legitimate
hereditary estate that part of the issue in the direct descending line
donation which is inofficious in order who could inherit from him.
not to impair the legitime of
compulsory heirs. Personal elements:
1. Originator the ascendant, or
RESERVA TRONCAL (ART 891) brother or sister from whom the
The reservation by virtue of which propositus had acquired the property
an ascendant who inherits from his by gratuitous title (e.g. donation,
descendant any property which the remission, testate or intestate
latter may have acquired by succession);
gratuitous title from another 2. Propositus the descendant who died
ascendant or a brother or sister, is and from whose death the reservista
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
72
in turn had acquired the property by Property subject to reservation:

operation of law (e.g. by way of must be the same property which
legitime or intestate succession). The the reservista had acquired by
so-called arbiter of the fate of the operation of law from propositus
reserva troncal. upon the death of the latter and
3. Reservista the ascendant, not which the latter, in turn had
belonging to the line from which the acquired by gratuitous title during
property came (Justice Vitug) that is his lifetime from another ascendant,
the only compulsory heir and is brother/sister.
obliged to reserve the property.
NOTE: Dr. Tolentino is of the view that Obligations of Reservista:
even if the reservista and the originator (1) To make an inventory of all
belong to the same line, there is still an reservable property;
obligation to reserve. (2) To appraise value of all
4. Reservatarios the relatives of the reservable movable property;
propositus within the 3rd degree and (3) To annotate in Registry of
who belong to the line from which property the reservable
the property came and for whose character of all reservable
benefit the reservation is immovable property;
constituted. They must be related by (4) To secure by mortgage (a)
blood not only to the propositus but restitution of movables not
also to the originator. alienated, (b) payment of
damages caused by his fault or
NOTE: All personal elements must be negligence, (c) return of price
joined by bonds of legitimate received for movables alienated
relationship. and (d) payment of value of
immovable alienated.
NOTE: In determining the right of the
reservatarios over the reservable A reservatorio may dispose of his
property, there are 2 events to consider: expentancy to the reservable
1. Death of propositus: all qualified property during pendency of the
reservatarios acquire an inchoate reserve in its uncertain and
right. Reservista owns the property conditional form. If he dies before
subject to a resolutory condition. the reservista, he has not
2. Death of reservista: surviving transmitted anything, but if he
reservatarios acquire a perfect right. survives such reservista, the
transmission shall become effective.
NOTE: The NCC did not provide for the
rules on how the reservatarios would
succeed to the reservista. However, the
A will may prevent the constitution
following rules on intestacy have been of a reserva. In case of testate
consistently applied: succession, only the legitime passes
a. Rule of preference between lines by operation of law. The propositus
b. Rule of proximity may, by will, opt to give the legitime
c. Right of representation of his ascendant without giving to
(provided that the the latter properties he had acquired
representative is a relative of by gratuitous title from another
the descendant- propositus ascendant, or brother or sister. In
within 3rd degree, and that he such case, a reserva troncal is
belongs to the line from which avoided.
the reservable property came) However, if the ascendant was
d. Full blood/double share rule not disentitled in the will to receive such
in Art. 1006 properties, the reserva minima rule
(proportional reserva) should be
followed. The rule holds that all
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
73
property passing to the reservista must 7. The heir disinherited must be

be considered as passing partly by designated in such a manner that
operation of law and partly by will of the there can be no doubt as to his
propositus. Thus, one half of the identity.
properties acquired by gratuitous title
should be reservable, and the other half Effects of Disinheritance:
should be free. 1. Deprivation of the compulsory heir
who is disinherited of any
Causes for Extinguishment of Reserva participation in the inheritance
Troncal: including the legitime.
1. Death of reservatarios; 2. The children/descendants of the
2. Death of all relatives of propositus person disinherited shall take his or
within the 3rd degree who belong to her place and shall preserve the
the line from which the property rights of compulsory heirs with
came; respect to the legitime.
3. Loss of the reservable property for 3. The disinherited parent shall not
causes not due to the fault or have the usufruct or administration
negligence of the reservista. of the property which constitutes
4. Waiver or renunciation by the the legitime.
reservatarios;
5. Prescription of the right of the IMPERFECT DISINHERITANCE
reservatarios, when the reservista A disinheritance which does not have
holds the property adversely against
one or more of the essential
them in the concept of an absolute
requisites for its validity.
owner;
Effects:
6. Registration by the reservista of the
1. If testator had made disposition of
property as free property under the
the entire estate: annulment of the
Land Registration Act
testamentary dispositions only in so
far as they prejudice the legitime of
M. DISINHERITANCE (ART 915 923)
the person disinherited; does not
A testamentary disposition by which
affect the dispositions of the
a person is deprived of, or excluded
testator with respect to the free
from, the inheritance to which he
portion.
has a right.
2. If testator did not dispose of the free
A disinheritance properly effected
portion: compulsory heir is given all
totally excludes the disinherited heir that he is entitled to receive as if
from the inheritance. The the disinheritance has not been
disinherited heir is deprived not only made, without prejudice to lawful
of the legitime but also of such part dispositions made by the testator in
of the free portion that would have favor of others.
passed to him by a previous will 3. Devises, legacies and other
(which is revoked, as inconsistent testamentary dispositions shall be
with, the subsequent disinheritance) valid to such extent as will not
or by intestate succession. impair the legitime.
Requisites:
1. Effected only through a valid will;
IMPERFECT PRETERITION
2. For a cause expressly stated by law;
DISINHERITANCE
3. Cause must be stated in the will
itself; 1. The person 1. The person
4. Cause must be certain and true; disinherited may be omitted must be a
5. Unconditional; any compulsory heir compulsory heir in
6. Total; and the direct line
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
74
b. When the parent/ascendant has

2. Always express 2. Always implied been convicted of adultery or
concubinage with the spouse of
3.Always intentional 3. May be the testator;
intentional or c. Loss of parental authority for
unintentional
causes specified in the Code; and
4. Effect: Partial 4. Effect: Total
d. Attempt by one of the parents
annulment of annulment of against the life of the other,
institution of heirs institution of heirs unless there has been
reconciliation between them.
Common Causes for Disinheritance of 3. Spouse:
children or descendants, parents or a. When the spouse has given
ascendants, and spouse: cause for legal separation; When
1. When the heir has been found guilty the spouse has given grounds for
of an attempt against the life of the the loss of parental authority.
testator, his/her descendants or
ascendants, and spouse in case of Revocation of Disinheritance:
children and parents; 1. Reconciliation;
2. When the heir has accused the 2. Subsequent institution of the
testator of a crime for which the law disinherited heir; and
prescribes imprisonment for 6 years 3. Nullity of the will which contains the
or more, if the accusation has been disinheritance.
found groundless;
3. When the heir by fraud, violence, NOTE: Once disinheritance has been
intimidation, or undue influence revoked or rendered ineffectual, it
causes the testator to make a will or cannot be renewed except for causes
to change one already made; subsequent to the revocation or based
4. Refusal without justifiable cause to on new grounds.
support the testator who disinherits
such heir. RECONCILIATION
It is the resumption of genuine
Peculiar Causes for Disinheritance cordial relationship between the
1. Children/Descendants: testator and the disinherited heir,
a. When the child/descendant has approximating that which prevailed
been convicted of adultery or before the testator learned of the
concubinage with the spouse of cause for disinheritance, reciprocally
the testator; manifested by their actions
b. Maltreatment of the testator by subsequent to the act of
word or deed by the disinheritance.
child/descendant; A subsequent reconciliation between
c. When the child/descendant leads the offender and the offended
a dishonorable or disgraceful person deprives the latter of the
life; Conviction of a crime which right to disinherit, and renders
carries with it a penalty of civil ineffectual any disinheritance that
interdiction. may have been made. (Art. 922)
2. Parents/Ascendants:
a. When the parents have NOTES:
abandoned their children or Mere civility which may characterize
induced their daughters to live a their relationship, a conduct that is
corrupt or immoral life, or
attempted against their virtue;
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
75
naturally expected of every decent LEGACY/DEVISE

person, is not enough.
In order to be effective, the testator 1. Belonging to the
testator at the time of Effective
must pardon the disinherited heir.
the execution of the
Such pardon must specifically refer will until his death
to the heir and to the acts causing
the disinheritance. The heir must 2. Belonging to the
accept the pardon. testator at the time of Revoked
No particular form is required. It the execution of the
may be made expressly or tacitly. will but alienated in
favor of a 3rd person
NOTE: Where the cause for
3. Belonging to the No revocation.
disinheritance is likewise a ground for testator at the time of There is a clear
unworthiness to succeed, what is the the execution of the intention to
effect of a subsequent reconciliation will but alienated in comply with
upon the heirs capacity to succeed? favor of the legacy or devise.
1. If disinheritance has been made: legatee/devisee
Rule on reconciliation applies. The gratuitously
disinheritance becomes ineffective.
2. If disinheritance has not been made: 4. Belonging to the Legatee/devisee
Rule on reconciliation does not testator at the time of can demand
the execution of the reimbursement
apply. The heir continues to be will but alienated in from the heir or
incapacitated to succeed unless favor of the legatee or estate
pardoned by the testator under Art. devisee onerously
1033. The law effects the
disinheritance. 5. Not belonging to the
testator at the time Effective
N. LEGACIES AND DEVISES (ARTS. 924 the will is executed but
959) he has ordered that the
thing be acquired in
order that it be given
Persons charged with legacies and
to the legatee/devisee
devises:
(1) compulsory heir; 6. Not belonging to the
(2) voluntary heir; testator at the time Void
(3) legatee or devisee; the will is executed
(4) estate and the testator
erroneously believed
NOTES: that the thing
If the will is silent with regard to the pertained to him
person who shall pay or deliver the 7. Not belonging to the Effective
legacy/devise, there is a testator at the time
presumption that such legacy or the will is executed but
devise constitutes a charge against afterwards becomes his
the decedents estate. by whatever title
Since legacies and devises are to be
8. Already belonged to
taken from the disposable free
the legatee/devisee at Ineffective
portion of the estate, thus, the the time of the
provisions on institution of heirs are execution of the will
generally applicable to them. even though another
person may have
interest therein
STATUS OF EFFECT ON THE

PROPERTY GIVEN BY LEGACY/DEVISE
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
76
whether there are

9. Already belonged to
the legatee or devisee Ineffective
at the time of the
execution of the will
even though it may
have been
subsequently alienated
by him
donations inter (2) When there are
vivos or not; or compulsory heirs but
10.Testator had Legatee/devisee (2) When, their legitime has
knowledge that the can claim nothing although, the already been
thing bequeathed by virtue of the legitime has been provided for by the
belonged to a third legacy/devise preserved by the testator and there
person and the testator himself are no donations
legatee/devisee there are inter vivos.
acquired the property donations inter
gratuitously after the vivos.
execution of the will
11.Testator had Legatee/devisee

knowledge that the can demand NOTES:
thing bequeathed reimbursement In case of reduction in the above
belonged to a third from the heir or cases, the inverse order of payment
person and the estate should be followed.
legatee/devisee
acquired the property
by onerous title When the question of reduction is
exclusively among legatees and
devisees themselves, Article 950
ART. 911 ART. 950 governs; but when there is a conflict
between compulsory heirs and
Order of Order of preference: devisees and legatees, Article 911
preference: (RPSESO) applies.
(LIPO)
GROUNDS FOR REVOCATION OF
1. Legitime of 1. Remuneratory L/D LEGACIES AND DEVISES (ART 957)
compulsory 2.Preferential L/D
1. Testator transforms the thing
heirs 3.L for support
2. Donations inter 4.L for education
bequeathed in such a manner that it
vivos 5.L/D of a specific, does not retain either the form or
3. Preferential determinate thing the denomination it had.
legacies or which forms a part
devices of the estate 2. Testator by any title or for any cause
4. All other All others pro rata alienates the thing bequeathed, or
legacies or any part thereof, it being understood
devices pro that in the latter case the legacy or
rata devise shall be without effect only
with respect to the part alienated.
Except: when the thing should again
Application: Application: belong to the testator after
alienation.
(1) When the (1) When there are no
reduction is compulsory heirs and 3. Thing bequeathed is totally lost
necessary to the entire estate is during the lifetime of the testator,
preserve the distributed by the or after his death without the heirs
legitime of testator as legacies fault
compulsory heirs or devises; or
from impairment
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
77
4. Other causes: nullity of the will; does not apply, the rules on Intestate
noncompliance with suspensive succession shall take over.
conditions affecting the bequests;
sale of the thing to pay the debts of A. RULES
the deceased during the settlement 1. Rule of Preference between lines
of his estate. Those in the direct descending
line shall exclude those in the
NOTE: LIST IS NOT EXCLUSIVE direct ascending and collateral
lines, and those in the direct
II. LEGAL OR INTESTATE ascending line shall, in turn,
SUCCESSION exclude those in the collateral
line.
2. Rule of Proximity
That which is effected by operation
The relative nearest in degree
of law in the absence or default of a
excludes the more distant ones,
will.
saving the right of
representation when it properly
CAUSES OF INTESTACY takes place.
1. If a person dies without a will, or This rule is subject to the rule of
with a void will, or one which has preference between lines.
subsequently lost its validity; 3. Rule of Equal Division
2. Absence of an institution of heir; Relatives in the same degree
3. Partial institution of heir. In such shall inherit in equal shares.
case, intestacy takes place as to the EXCEPTIONS:
undisposed portion (mixed
a) Division in the ascending line
succession);
(between paternal and maternal
4. Non-fulfillment of suspensive
grandparents);
condition attached to the institution
b) Division among brothers and
of heir;
sisters, some of whom are of the
5. Predecease of the instituted heir;
full and others of half blood; and
6. Repudiation by the instituted heir;
c) Division In cases where the right
7. Incapacity of instituted heir;
of representation takes place.
8. Preterition. Intestacy may be total
NOTE: This rule is subject to the
or partial depending on whether or
rule of preference between lines.
not there are legacies/devises;
4. Rule of Barrier between the
9. Fulfillment of resolutory condition;
legitimate family and the
10. Expiration of term or period of
illegitimate family
institution;
The illegitimate family cannot
11. Non-compliance or impossibility of
compliance with the will. inherit by intestate succession
from the legitimate family and
NOTE: In all cases where there has been vice-versa.
5. Rule of Double Share for full blood
an institution of heir, follow the
I.S.R.A.I. order of Justice Paras. If the collaterals
Institution fails, Substitution occurs. If When full and half-blood
there is no substitute, the right of brothers or sisters, nephews or
Representation applies in the direct nieces, survive, the full blood
descending line to the legitime if the shall take a portion in the
vacancy is caused by predecease, inheritance double that of the
incapacity, or disinheritance. The right half-blood.
of Accretion applies to the free portion
when the requisites in Art. 1016 are NOTE: In case of a disposition made in
present. If there is no substitute, and general terms under Article 959, only the
the right of Representation or Accretion Rule of Proximity applies.
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
78
B. RELATIONSHIP (ARTS. 963 969) a) When a compulsory heir in the

1. Number of generations determines direct descending line had
proximity. predeceased the testator and
2. Each generation forms a degree. was survived by his children or
3. A series of degrees forms a line. descendants.
4. A line may be direct or collateral. A b) When a compulsory heir in the
direct line is that constituted by the direct descending line is
series of degrees among ascendants excluded from the inheritance
and descendants (ascending and due to incapacity or
descending). unworthiness and he has
5. A collateral line is that constituted children or descendants.
by the series of degrees among c) When a compulsory heir in the
persons who are not ascendants or direct descending line is
descendants, but who come from a disinherited and he has children
common ancestor. or descendants; representation
6. Full blood: same father and mother; covers only the legitime.
half blood: only one of either parent d) A legatee/devisee who died after
is the same. the death of the testator may be
7. In adoption, the legal filiation is represented by his heirs.
personal and exists only between the
adopter and the adopted. The 2. Intestate Succession
adopted is deemed a legitimate child a) When a legal heir in the direct
of the adopter (AP), but still remains descending line had predeceased
as an intestate heir of his natural the decedent and was survived
parents and other blood relatives. by his children or descendants.
b) When a legal heir in the direct
C. RIGHT OF REPRESENTATION (RR) descending line is excluded from
(ARTS. 970 977) the inheritance due to
A right created by fiction of law, by incapacity or unworthiness and
virtue of which the representative is he has children or descendants.
raised to the place and degree of the c) When brothers or sisters had
person represented, and acquires predeceased the decedent and
the rights which the latter would they had children or
have if he were living or if he could descendants.
have inherited. The representative d) When illegitimate children
is called to the succession by the law represent their illegitimate
not by the person represented. He parents who already died in the
succeeds the one whom the person estate of their grandparents.
represented would have succeeded. e) When nephews and nieces inherit
together with their uncles and
NOTES: aunts in representation of their
In the direct line, representation deceased parents who are the
takes place ad infinitum in the brothers or sisters of said uncles
direct descending line, never in the and aunts.
ascending.
D. INTESTATE OR LEGAL HEIRS
In the collateral line, representation Those who are called by law to the
takes place only in favor of the
succession either in the absence of a
children of brothers or sisters
will or of qualified heirs, and who
(nephews and nieces), whether of
are deemed called based on the
the full or half-blood, and only if
presumed will of the decedent.
they concur with at least 1 uncle or
aunt.
REGULAR ORDER OF SUCCESSION
(Decedent is a legitimate person):
1. Testamentary Succession
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
79
1. Legitimate children or descendants IP 1/2

(LCD) SS 1/2
2. Legitimate parents or ascendants (The law is silent. Apply
(LPA) concurrence theory.)
SS 1/2
3. Illegitimate children or descendants BS/NN 1/2
(ICD) 1 LC First, satisfy legitimes.
4. Surviving spouse (SS) SS Estate would be
5. Brothers and sisters, nephews and IC insufficient. Reduction
nieces (BS/NN) must be made according
6. Other collateral relatives within the to the rules on
5th degree (C5) legitimes. The legitimes
7. State of LCD and SS shall
always be first satisfied
in preference to the ICD.
2 or more LC First, satisfy legitimes.
SS There would be an
IRREGULAR ORDER OF SUCCESSION IC excess in the estate.
(Decedent is an illegitimate person): Distribute such excess in
1. Legitimate children or descendants the proportion 1:2:2, in
(LCD) accordance with the
2. Illegitimate children or descendants concurrence theory.
(ICD)
3. Illegitimate parents (IP)
4. Surviving spouse (SS) ORDER OF CONCURRENCE IN THE CASE
5. Brothers and sisters, nephews and OF ADOPTED CHILD
nieces (BS/NN) SURVIVORS SHARE
6. State 1. LPA/IP
AP
ORDER OF CONCURRENCE 2. LPA/IP

AP
1. LCD, ICD, and SS
SS
2. LPA, ICD, and SS
3. ICD and SS
4. SS and IP 3. LPA
5. BS/NN and SS AP
6. C5 (alone) ICD
7. State (alone) 4. LPA 1/3
AP
SS 1/3
ICD 1/3
TABLE OF INTESTATE SHARES
SURVIVOR INTESTATE SHARE

Any class Entire estate CARDINAL PRINCIPLES OF INTESTATE
alone SUCCESSION (Justice Paras)
1 LC 1/2 1. Even if there is an order of intestate
SS 1/2 succession, the Compulsory Heirs
(Diongson vs. Cinco, 74 (CH) are never excluded. The Civil
SCRA 118) Code follows the concurrence theory,
2 or more LC Consider SS as 1 LC, not the exclusion theory.
SS then divide estate by
2. Right of Representation (RR) in the
total number.
LPA 1/2 collateral line occurs only in
SS 1/2 intestate succession, never in
LPA 1/2 testamentary succession because a
SS 1/4 voluntary heir cannot be represented
IC 1/4 (collateral relatives are not CH).
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
80
3. The intestate shares are either equal that they are entitled to receive
to or greater than the legitime. from such disposable free portion as
4. GENERAL RULE: Grandchildren intestate heirs.
always inherit by RR, provided 3. If the intestate share of a
representation is proper. compulsory heir is equal to his
EXCEPTION: Whenever all the legitime, then the amount of the
children repudiate, the testamentary disposition must be
grandchildren inherit in their own deducted only from the intestate
right because RR would not be shares of the others, in the
proper. proportions stated above.
5. Nephews and nieces inherit either by 4. If the testamentary dispositions
RR or in their Own Right (OR). consume the entire disposable free
a. RR: when they concur with aunts portion, then the intestate heirs who
and uncles (provided that RR is are compulsory heirs will get only
proper) their legitime, and those who are
not compulsory heirs will get
nothing.
b. OR: when they do not concur

with aunts and uncles. IV. PROVISIONS COMMON TO
6. ICD of legitimates cannot represent TESTAMENTARY AND INTESTATE
because of the barrier, but both the SUCCESSIONS
ICD and LCD of illegitimates can.
7. There can be reserva troncal in A. RIGHT OF ACCRETION (A)
intestate succession. (ARTS 1015 1023)
8. A renouncer can represent, but A right by virtue of which, when two
cannot be represented. or more persons are called to the
9. A person who cannot represent a same inheritance, devise or legacy,
near relative cannot also represent a the part assigned to one who
relative farther in degree. renounce or cannot receive his
share, or who died before testator, is
III. MIXED SUCCESSION OR added or incorporated to that of his
PARTIAL INTESTACY co-heirs, co-devisees, or co-
legatees.
A right based on the presumed will
Succession that is effected partly by
of the deceased that he prefers to
will and partly by operation of law.
give certain properties to certain
individuals, rather than to his legal
RULES:
heirs.
1. The law of legitimes must be brought
into operation in partial intestacy,
Requisites:
because the testamentary
1. 2 or more persons must have been
dispositions can affect only the
called to the same inheritance,
disposable free portion but never the
legacy or devise, or to the same
legitimes.
portion thereof, pro indiviso; and
2. If among the concurring intestate
2. there must be a vacancy in the
heirs there are compulsory heirs,
inheritance, legacy or devise
whose legal or intestate portions
(caused by predecease, incapacity,
exceed their respective legitimes,
repudiation, nonfulfillment of
then the amount of the
suspensive condition or void or
testamentary disposition must be
ineffective testamentary
deducted from the disposable free
dispositions.)
portion, to be borne by all the
intestate heirs in the proportions
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
81
EFFECTS of PREDECEASE, INCAPACITY, Requisites:

DISINHERITANCE, or REPUDIATION in 1. The heir, legatee/devisee must be
both TESTAMENTARY and INTESTATE living or in existence at the moment
SUCCESSION the succession opens; and
CAUSE OF TESTAMENTARY INTESTATE 2. He must not be incapacitated or
VACANCY SUCCESSION SUCCES- disqualified by law to succeed.
Legitime Free SION
Portion (IS)
Predecease 1. RR 1. A 1. RR THE FOLLOWING ARE INCAPABLE OF
2. IS 2. IS 2. IS SUCCEEDING:
Incapacity RR A 1. RR A. Based on Undue Influence or
2. IS IS 2. IS Interest: (PIGRAP)
Disinheri- 1. RR _ _
tance 2. IS
1. Priest who heard the confession of
Repudia- IS A A the testator during his last illness, or
tion the minister of the gospel who
extended spiritual aid to him during
Summary: the same period;
(A) In 2. Individuals, associations and
testamentary succession: corporations not permitted by law to
(1) Legitime: inherit;
(a) In case of predecease of an 3. Guardian with respect to
heir, there is testamentary dispositions given by a
representation if there are ward in his favor before the final
children or descendants; if accounts of the guardianship have
none, the others inherit in been approved, even if the testator
their own right. should die after the approval
(b) In case of incapacity, thereof; nevertheless, any provision
results are the same as in made by the ward in favor of the
predecease. guardian when the latter is his
(c) In case of disinheritance, ascendant, descendant, brother,
results are the same as in sister, or spouse, shall be valid;
predecease. 4. Relatives of such priest or minister
(d) In case of repudiation by an of the gospel within the 4 th degree,
heir, the others inherit in the church, order, chapter,
their own right. community, organization or
institution to which such priest or
(2) Disposable free portion: minister may belong;
Accretion takes place when 5. Attesting witness to the execution of
requisites are present; but if a will, the spouse, parents or
such requisites are not present, children, or any one claiming under
the others inherit in their own such witness, spouse, parents or
right. children; and
6. Physician, surgeon, nurse, health
(B) In intestate succession: officer or druggist who took care of
(1) In case of predecease, there is the testator during his last illness.
representation if there are children
or descendants; if none, the others B. Based on Morality or Public Policy
inherit in their own right. (ART 739)
(2) In case of incapacity, results are the 1. Those made in favor of a person with
same as in predecease. whom the testator was guilty of
(3) In case of repudiation, there is adultery or concubinage at the time
always accretion. of the making of the will.
2. Those made in consideration of a
B. CAPACITY TO SUCCEED BY WILL OR crime of which both the testator and
BY INTESTACY (ARTS. 1024 1040) the beneficiary have been found
guilty.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
82
3. Those made in favor of a public document or any will instituting the

officer or his spouse, descendants and writing in which the unworthy heir with
ascendants, by reason of his public decedent condones knowledge of the
office the cause of cause of incapacity
incapacity
2. cannot be 2. revoked when
C. Based on Acts of Unworthiness
revoked the testator
(A4F3P) revokes the will or
1. Parents who have abandoned their the institution
children or induced their daughters
to lead a corrupt or immoral life, or C. ACCEPTANCE AND REPUDIATION OF
attempted against their virtue; INHERITANCE (ARTS. 1041 1057)
2. Any person who has been convicted
of an attempt against the life of the Characteristics: (VIR)
testator, his/her spouse, 1. Voluntary and free
descendants or ascendants; 2. Irrevocable, except if there is
3. Any person who has accused the vitiation of consent or an unknown
testator of a crime for which the law will appears
prescribes imprisonment for 6 years 3. Retroactive
or more, if the accusation has been
found groundless; Requisites:
4. Any person convicted of adultery or 1. certainty of the death of the
concubinage with the spouse of the decedent
testator; 2. certainty of the right to the
5. Any heir of full age who, having inheritance
knowledge of the violent death of
the testator, should fail to report it
to an officer of the law within a Acceptance vs. Repudiation:
month, unless the authorities have (1) Acceptan
already taken action; this prohibition ce involves the confirmation of
shall not apply to cases wherein, transmission of successional rights,
according to law, there is no while repudiation renders such
obligation to make an accusation; transmission ineffective.
6. Any person who by fraud, violence, (2) Repudiat
intimidation, or undue influence ion is equivalent to an act of
should cause the testator to make a disposition and alienation.
will or to change one already made; (3) The
7. Any person who falsifies or forges a publicity required for repudiation is
supposed will of the decedent; and necessary for the protection of other
8. Any person who by the same means heirs and also of creditors.
prevents another from making a will,
or from revoking one already made, Form of Acceptance
or who supplants, conceals, or alters 1. Express Acceptance one made in a
the latter's will. public or private document.
2. Tacit Acceptance one resulting from
NOTE: The moment the testator uses acts by which the intention to
one of the acts of unworthiness as a accept is necessarily implied or
cause for disinheritance, he thereby which one would have no right to do
submits it to the rules on disinheritance. except in the capacity of an heir
Thus, reconciliation renders the
disinheritance ineffective. Tacit acceptance is presumed from
certain acts of the heir as:
PARDON OF ACTS OF UNWORTHINESS 1. When heir sells, donates, or assigns
EXPRESS IMPLIED his right.
1. made by the 1. effected when 2. When heir renounces it for the
execution of a testator makes a benefit of one or more heirs.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
83
3. When renunciation is in favor of all the legitime of each heir, and in the
heirs indiscriminately for account of partition. (Art. 1061)
consideration An act of returning or restoring to
4. Other acts of tacit acceptance the common mass of the estate,
a. heir demands partition of the either actually or fictitiously, any
inheritance property which a person may have
b. heir alienates some objects of received from the decedent during
the inheritance the latters lifetime, but which is
c. Under Art 1057, failure to signify understood for legal purposes as an
acceptance or repudiation within advance from inheritance.
30 days after an order of
distribution by the probate OPERATIONS RELATED TO COLLATION
court. 1. Collation adding to the mass of the
hereditary estate the value of the
REPUDIATION must be made in a donation or gratuitous disposition
public instrument (acknowledged 2. Imputing or Charging crediting the
before a notary public) or authentic donation as an advance on the
document (equivalent of an legitime (if the donee is a
indubitable writing or a writing compulsory heir) or on the free
whose authenticity is admitted or portion (if the donee is a stranger)
proved) or by petition presented to 3. Reduction determining to what
the court having jurisdiction over the extent the donation will remain and
testamentary or intestate to what extent it is excessive or
proceeding. inofficious.
4. Restitution return or payment of
the excess to the mass of hereditary
estate.
Reason for formality: Law considers
that the act of repudiation is more
Persons obliged to collate
solemn than the act of acceptance
1. GENERAL RULE: compulsory heirs
and that repudiation produces a
more violent and disturbing EXCEPTIONS:
consequences. a. When the testator should have
so expressly provided; and
b. When the compulsory heir should
Heir in two capacities: An heir who
have repudiated his inheritance
is such by will and by law, and he 2. Grandchildren who survive with their
repudiates the inheritance as a uncles, aunts, or 1st cousins, and
testamentary heir, will be considered inherit by right of representation.
to have repudiated the inheritance
as a legal heir. But when an heir NOTE: Grandchildren may inherit from
repudiates as a legal heir, he may grandparent in their own right (i.e. heirs
later on accept as a testamentary next in degree) and not by right of
heir. representation if their parent repudiates
the inheritance of the grandparent, as
D. COLLATION (ARTS. 1061-1077) no living person can be represented
Every compulsory heir, who succeeds except in cases of disinheritance and
with other compulsory heirs must incapacity. In such case grandchildren
bring into the mass of the estate any are not obliged to bring to collation
property or right which he may what their parent has received
received from the decedent, during gratuitously from their grandparent)
the lifetime of the latter, by way of
donation, or any other gratuitous What to collate:
title, in order that it may be
computed in the determination of
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
84
1. Any property or right received by 1. compulsory heir;

gratuitous title during the testators 2. voluntary heir;
lifetime 3. legatee or devisee;
2. All that they may have received from 4. any person who has acquired interest
the decedent during his lifetime in the estate.
3. All that their parents would have
brought to collation if alive When partition cannot be demanded:
(PAPU)
Properties not subject to collation (2nd 1. when expressly prohibited by the
concept): testator himself for a period not
1. Absolutely no collation (all exceeding 20 years;
concepts): 2. when the co-heirs agreed that the
a. Expenses for support, education estate shall not be divided for a
(elementary and secondary period not exceeding 10 years,
only), medical attendance, even renewable for another 10 years;
in extraordinary illness, 3. when prohibited by law;
apprenticeship, ordinary 4. when to partition the estate would
equipment, or customary gifts render it unserviceable for the use
(Art. 1067). for which it is intended.
2. Generally not imputable to legitime:
a. Expenses incurred by parents in Prohibition to Partition
giving their children 1. The prohibition to partition for a
professional, vocational or other period not exceeding 20 years can be
career unless the parents so imposed on the legitime.
provide, or unless they impair 2. If the prohibition to partition is for
the legitime. more than 20 years, the excess is
b. Wedding gifts by parents and void.
ascendants consisting of 3. Even if a prohibition is imposed, the
jewelry, clothing, and outfit heirs by mutual agreement can still
except when they exceed 1/10 make the partition.
of the sum disposable by will.
E. PARTITION AND DISTRIBUTION OF

ESTATE (ARTS. 1078 1105) PARTITION INTER VIVOS (ART 1080)
It is the separation, division and It is one that merely allocates
assignment of a thing held in specific items or pieces of property
common among those to whom it on the basis of the pro-indiviso
may belong. It includes every act shares fixed by law or given under
which is intended to put an end to the will to heirs or successors.
indivision among co-heirs, and
legatees or devisees, although it NOTE: Partition is not itself a mode of
should purport to be a sale, acquiring ownership, nor a title
exchange, compromise, or any other therefore. This partition, being
transaction. It is not subject to any predicated on succession, necessitates
form. relationship to the decedent (in case of
intestacy) or a will duly probated (in
Who may effect partition: case of testacy). A partition inter vivos
1. decedent himself during his lifetime made in favor of intestate heirs could be
by an act inter vivos or by will; operative. Dispositions, however, to non-
2. heirs themselves; intestate heirs may suffer an
3. competent court; impediment unless based on a valid will,
4. 3rd person designated by the except perhaps when such dispositions
decedent. are intended to take effect during the
life of the testator and the formalities of
Who can demand partition: donations are properly complied with.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
85
and
2. If the beneficiaries in the void will
were legal heirs.
EFFECTS OF INCLUSION OF INTRUDER

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

PARTITION:
1. If the will was in fact a partition;
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),

Reviewer Succession

Uploaded by

Copyright:

Available Formats

Reviewer Succession

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Reviewer Succession

Uploaded by

Copyright:

Available Formats

San Beda College of Law

MEMORY AID IN CIVIL LAW

Kinds: 3. DEATH OF THE DECEDENT (casual

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

b) Rights which are patrimonial or determination of whether or not the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

Kinds of Ambiguities: (Article 786)

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

7. an intoxicated person or person 3. purpose is to 3. purpose is

NOTE: The notary public before whom

MEMORY AID IN CIVIL LAW

public himself, he would have to avow, presence of the instrumental

MEMORY AID IN CIVIL LAW

improper pressure and influence, a. ordinary will: not an essential

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

2. able to read and write; de Jesus and Bibiana Roxas de Jesus,

MEMORY AID IN CIVIL LAW

handwriting of the testator; if no 2) The law of the place in which he

MEMORY AID IN CIVIL LAW

by the foreign country in which they may

Requisites for a valid incorporation by MODES OF REVOCATION (ART 830)

MEMORY AID IN CIVIL LAW

void ab initio and testamentary testators presence is an ineffective

MEMORY AID IN CIVIL LAW

A revocation of a will based on a

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

EXCEPTION: Practical considerations, the defective will, the payment is

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

1. voluntary act of 1. given by judicial INSTITUTION BASED ON A FALSE CAUSE

MEMORY AID IN CIVIL LAW

2. The omission must be complete and

MEMORY AID IN CIVIL LAW

cannot transmit any right to his own Requisites:

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

By force of the Family Code, IC reduction pro

TABLE OF LEGITIMES SS 1/3

LC Divide by the SS 1/3 if

MEMORY AID IN CIVIL LAW

obliged to reserve such property for

MEMORY AID IN CIVIL LAW

in turn had acquired the property by Property subject to reservation:

MEMORY AID IN CIVIL LAW

property passing to the reservista must 7. The heir disinherited must be

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

b. When the parent/ascendant has

MEMORY AID IN CIVIL LAW

naturally expected of every decent LEGACY/DEVISE

STATUS OF EFFECT ON THE

MEMORY AID IN CIVIL LAW