Article 804.

 Every will must be in writing and executed in (1) The document or paper referred to in the will estate distributed in accordance therewith, if its
a language or dialect known to the testator. (n) must be in existence at the time of the execution contents, and due execution, and the fact of its
of the will; unauthorized destruction, cancellation, or
Article 810. A person may execute a holographic will obliteration are established according to the
which must be entirely written, dated, and signed by (2) The will must clearly describe and identify the Rules of Court. (n)
the hand of the testator himself. It is subject to no other same, stating among other things the number of
form, and may be made in or out of the Philippines, and pages thereof; Article 831. Subsequent wills which do not revoke the
need not be witnessed. (678, 688a) previous ones in an express manner, annul only such
(3) It must be identified by clear and satisfactory dispositions in the prior wills as are inconsistent with or
Article 811. In the probate of a holographic will, it shall be proof as the document or paper referred to contrary to those contained in the later wills. (n)
necessary that at least one witness who knows the therein; and
handwriting and signature of the testator explicitly declare Article 832. A revocation made in a subsequent will shall
that the will and the signature are in the handwriting of the (4) It must be signed by the testator and the take effect, even if the new will should become inoperative
testator. If the will is contested, at least three of such witnesses on each and every page, except in by reason of the incapacity of the heirs, devisees or
witnesses shall be required. case of voluminous books of account or legatees designated therein, or by their renunciation.
inventories. (n) (740a)
In the absence of any competent witness referred to in the
preceding paragraph, and if the court deem it necessary, SUBSECTION 6. Revocation of Wills and Article 833. A revocation of a will based on a false cause
expert testimony may be resorted to. (619a) Testamentary Dispositions or an illegal cause is null and void. (n)

Article 812. In holographic wills, the dispositions of the Article 828. A will may be revoked by the testator at any Article 834. The recognition of an illegitimate child does
testator written below his signature must be dated and time before his death. Any waiver or restriction of this right not lose its legal effect, even though the will wherein it
signed by him in order to make them valid as is void. (737a) was made should be revoked. (741)
testamentary dispositions. (n)
Article 829. A revocation done outside the Philippines, by SUBSECTION 7. Republication and Revival of Wills
Article 813. When a number of dispositions appearing in a person who does not have his domicile in this country, is
a holographic will are signed without being dated, and the valid when it is done according to the law of the place Article 835. The testator cannot republish, without
last disposition has a signature and a date, such date where the will was made, or according to the law of the reproducing in a subsequent will, the dispositions
validates the dispositions preceding it, whatever be the place in which the testator had his domicile at the time; contained in a previous one which is void as to its form.
time of prior dispositions. (n) and if the revocation takes place in this country, when it is (n)
in accordance with the provisions of this Code. (n)
SUBSECTION 5. Codicils and Incorporation by Reference Article 836. The execution of a codicil referring to a
Article 830. No will shall be revoked except in the previous will has the effect of republishing the will as
Article 825. A codicil is supplement or addition to a will, following cases: modified by the codicil. (n)
made after the execution of a will and annexed to be
taken as a part thereof, by which disposition made in the (1) By implication of law; or Article 837. If after making a will, the testator makes a
original will is explained, added to, or altered. (n) second will expressly revoking the first, the revocation of
(2) By some will, codicil, or other writing the second will does not revive the first will, which can be
Article 826. In order that a codicil may be effective, it executed as provided in case of wills; or revived only by another will or codicil. (739a)
shall be executed as in the case of a will. (n)
(3) By burning, tearing, cancelling, or obliterating SUBSECTION 8. Allowance and Disallowance of Wills
Article 827. If a will, executed as required by this Code, the will with the intention of revoking it, by the
incorporates into itself by reference any document or testator himself, or by some other person in his Article 838. No will shall pass either real or personal
paper, such document or paper shall not be considered a presence, and by his express direction. If property unless it is proved and allowed in accordance
part of the will unless the following requisites are present: burned, torn, cancelled, or obliterated by some with the Rules of Court.
other person, without the express direction of the
testator, the will may still be established, and the
The testator himself may, during his lifetime, petition the upon the person or property of his spouse, descendants (2) In default of the foregoing, legitimate parents
court having jurisdiction for the allowance of his will. In or ascendants, to give his consent. and ascendants, with respect to their legitimate
such case, the pertinent provisions of the Rules of Court children and descendants;
for the allowance of wills after the testator's a death shall To determine the degree of intimidation, the age, sex and
govern. condition of the person shall be borne in mind. (3) The widow or widower;

The Supreme Court shall formulate such additional Rules A threat to enforce one's claim through competent (4) Acknowledged natural children, and natural
of Court as may be necessary for the allowance of wills on authority, if the claim is just or legal, does not vitiate children by legal fiction;
petition of the testator. consent. (1267a)
(5) Other illegitimate children referred to in article
Subject to the right of appeal, the allowance of the will, Article 1337. There is undue influence when a person 287.
either during the lifetime of the testator or after his death, takes improper advantage of his power over the will of
shall be conclusive as to its due execution. (n) another, depriving the latter of a reasonable freedom of Compulsory heirs mentioned in Nos. 3, 4, and 5
choice. The following circumstances shall be considered: are not excluded by those in Nos. 1 and 2;
Article 839. The will shall be disallowed in any of the the confidential, family, spiritual and other relations neither do they exclude one another.
following cases: between the parties, or the fact that the person alleged to
have been unduly influenced was suffering from mental
weakness, or was ignorant or in financial distress. (n) In all cases of illegitimate children, their filiation must be
(1) If the formalities required by law have not duly proved.
been complied with;
Article 1338. There is fraud when, through insidious
words or machinations of one of the contracting parties, The father or mother of illegitimate children of the three
(2) If the testator was insane, or otherwise classes mentioned, shall inherit from them in the manner
mentally incapable of making a will, at the time of the other is induced to enter into a contract which, without
them, he would not have agreed to. (1269) and to the extent established by this Code. (807a)
its execution;
Article 888. The legitime of legitimate children and
(3) If it was executed through force or under descendants consists of one-half of the hereditary estate
duress, or the influence of fear, or threats; of the father and of the mother.
ILLEGITIME AND COLLATION
(4) If it was procured by undue and improper The latter may freely dispose of the remaining half,
pressure and influence, on the part of the Article 872. The testator cannot impose any charge, subject to the rights of illegitimate children and of the
beneficiary or of some other person; condition, or substitution whatsoever upon the legitimes surviving spouse as hereinafter provided. (808a)
prescribed in this Code. Should he do so, the same shall
(5) If the signature of the testator was procured be considered as not imposed. (813a)
Article 889. The legitime of legitimate parents or
by fraud; ascendants consists of one-half of the hereditary estates
SECTION 5 of their children and descendants.
(6) If the testator acted by mistake or did not Legitime
intend that the instrument, he signed should be The children or descendants may freely dispose of the
his will at the time of affixing his signature Article 886. Legitime is that part of the testator's property other half, subject to the rights of illegitimate children and
thereto. (n) which he cannot dispose of because the law has reserved of the surviving spouse as hereinafter provided. (809a)
it for certain heirs who are, therefore, called compulsory
Article 1335. There is violence when in order to wrest heirs. (806)
Article 890. The legitime reserved for the legitimate
consent, serious or irresistible force is employed. parents shall be divided between them equally; if one of
Article 887. The following are compulsory heirs: the parents should have died, the whole shall pass to the
There is intimidation when one of the contracting parties is survivor.
compelled by a reasonable and well-grounded fear of an (1) Legitimate children and descendants, with
imminent and grave evil upon his person or property, or respect to their legitimate parents and If the testator leaves neither father nor mother, but is
ascendants; survived by ascendants of equal degree of the paternal
and maternal lines, the legitime shall be divided equally The legitime of an illegitimate child who is neither an If the marriage between the surviving spouse and the
between both lines. If the ascendants should be of acknowledged natural, nor a natural child by legal fiction, testator was solemnized in articulo mortis, and the testator
different degrees, it shall pertain entirely to the ones shall be equal in every case to four-fifths of the legitime of died within three months from the time of the marriage,
nearest in degree of either line. (810) an acknowledged natural child. the legitime of the surviving spouse as the sole heir shall
be one-third of the hereditary estate, except when they
Article 891. The ascendant who inherits from his The legitime of the illegitimate children shall be taken from have been living as husband and wife for more than five
descendant any property which the latter may have the portion of the estate at the free disposal of the years. In the latter case, the legitime of the surviving
acquired by gratuitous title from another ascendant, or a testator, provided that in no case shall the total legitime of spouse shall be that specified in the preceding paragraph.
brother or sister, is obliged to reserve such property as he such illegitimate children exceed that free portion, and (n)
may have acquired by operation of law for the benefit of that the legitime of the surviving spouse must first be fully
relatives who are within the third degree and who belong satisfied. (840a) Article 901. When the testator dies leaving illegitimate
to the line from which said property came. (871) children and no other compulsory heirs, such illegitimate
Article 896. Illegitimate children who may survive with children shall have a right to one-half of the hereditary
Article 892. If only one legitimate child or descendant of legitimate parents or ascendants of the deceased shall be estate of the deceased.
the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate to be taken
entitled to one-fourth of the hereditary estate. In case of a from the portion at the free disposal of the testator. (841a) The other half shall be at the free disposal of the testator.
legal separation, the surviving spouse may inherit if it was (842a)
the deceased who had given cause for the same. Article 897. When the widow or widower survives with
legitimate children or descendants, and acknowledged Article 902. The rights of illegitimate children set forth in
If there are two or more legitimate children or natural children, or natural children by legal fiction, such the preceding articles are transmitted upon their death to
descendants, the surviving spouse shall be entitled to a surviving spouse shall be entitled to a portion equal to the their descendants, whether legitimate or illegitimate.
portion equal to the legitime of each of the legitimate legitime of each of the legitimate children which must be (843a)
children or descendants. taken from that part of the estate which the testator can
freely dispose of. (n) Article 903. The legitime of the parents who have an
In both cases, the legitime of the surviving spouse shall illegitimate child, when such child leaves neither legitimate
be taken from the portion that can be freely disposed of by Article 898. If the widow or widower survives with descendants, nor a surviving spouse, nor illegitimate
the testator. (834a) legitimate children or descendants, and with illegitimate children, is one-half of the hereditary estate of such
children other than acknowledged natural, or natural illegitimate child. If only legitimate or illegitimate children
Article 893. If the testator leaves no legitimate children by legal fiction, the share of the surviving spouse are left, the parents are not entitled to any legitime
descendants, but leaves legitimate ascendants, the shall be the same as that provided in the preceding whatsoever. If only the widow or widower survives with
surviving spouse shall have a right to one-fourth of the article. (n) parents of the illegitimate child, the legitime of the parents
hereditary estate. is one-fourth of the hereditary estate of the child, and that
Article 899. When the widow or widower survives with of the surviving spouse also one-fourth of the estate. (n)
This fourth shall be taken from the free portion of the legitimate parents or ascendants and with illegitimate
estate. (836a) children, such surviving spouse shall be entitled to one- Article 904. The testator cannot deprive his compulsory
eighth of the hereditary estate of the deceased which heirs of their legitime, except in cases expressly specified
must be taken from the free portion, and the illegitimate by law.
Article 894. If the testator leaves illegitimate children, the children shall be entitled to one-fourth of the estate which
surviving spouse shall be entitled to one-third of the shall be taken also from the disposable portion. The
hereditary estate of the deceased and the illegitimate Neither can he impose upon the same any burden,
testator may freely dispose of the remaining one-eighth of encumbrance, condition, or substitution of any kind
children to another third. The remaining third shall be at the estate. (n)
the free disposal of the testator. (n) whatsoever. (813a)

Article 900. If the only survivor is the widow or widower, Article 905. Every renunciation or compromise as regards
Article 895. The legitime of each of the acknowledged she or he shall be entitled to one-half of the hereditary
natural children and each of the natural children by legal a future legitime between the person owing it and his
estate of the deceased spouse, and the testator may compulsory heirs is void, and the latter may claim the
fiction shall consist of one-half of the legitime of each of freely dispose of the other half. (837a)
the legitimate children or descendants. same upon the death of the former; but they must bring to
collation whatever they may have received by virtue of the
renunciation or compromise. (816)
Article 906. Any compulsory heir to whom the testator (2) The reduction of the devises or legacies shall All services which are not contrary to law, morals, good
has left by any title less than the legitime belonging to him be pro rata, without any distinction whatever. customs, public order or public policy may likewise be the
may demand that the same be fully satisfied. (815) object of a contract. (1271a)
If the testator has directed that a certain devise
Article 907. Testamentary dispositions that impair or or legacy be paid in preference to others, it shall PD 603 – CHILD AND YOUTH WELFARE CODE
diminish the legitime of the compulsory heirs shall be not suffer any reduction until the latter have been
reduced on petition of the same, insofar as they may be applied in full to the payment of the legitime. Article 39. Effects of Adoption. - The adoption shall:
inofficious or excessive. (817)
(3) If the devise or legacy consists of a usufruct 1. Give to the adopted person the same rights
Article 908. To determine the legitime, the value of the or life annuity, whose value may be considered and duties as if he were a legitimate child of the
property left at the death of the testator shall be greater than that of the disposable portion, the adopter: Provided, That an adopted child cannot
considered, deducting all debts and charges, which shall compulsory heirs may choose between acquire Philippine citizenship by virtue of such
not include those imposed in the will. complying with the testamentary provision and adoption; lawphi1.net
delivering to the devisee or legatee the part of
To the net value of the hereditary estate, shall be added the inheritance of which the testator could freely
dispose. (820a) 2. Dissolve the authority vested in the natural
the value of all donations by the testator that are subject parent or parents, except where the adopter is
to collation, at the time he made them. (818a) the spouse of the surviving natural parent;
Article 912. If the devise subject to reduction should
Article 909. Donations given to children shall be charged consist of real property, which cannot be conveniently
divided, it shall go to the devisee if the reduction does not 3. Entitle the adopted person to use the adopter's
to their legitime. surname; and
absorb one-half of its value; and in a contrary case, to the
compulsory heirs; but the former and the latter shall
Donations made to strangers shall be charged to that part reimburse each other in cash for what respectively 4. Make the adopted person a legal heir of the
of the estate of which the testator could have disposed by belongs to them. adopter: Provided, That if the adopter is survived
his last will. by legitimate parents or ascendants and by an
The devisee who is entitled to a legitime may retain the adopted person, the latter shall not have more
Insofar as they may be inofficious or may exceed the entire property, provided its value does not exceed that of successional rights than an acknowledged
disposable portion, they shall be reduced according to the the disposable portion and of the share pertaining to him natural child: Provided, further, That any property
rules established by this Code. (819a) as legitime. (821) received gratuitously by the adopted from the
adopter shall revert to the adopter should the
Article 910. Donations which an illegitimate child may former predecease the latter without legitimate
Article 913. If the heirs or devisees do not choose to avail issue unless the adopted has, during his lifetime,
have received during the lifetime of his father or mother, themselves of the right granted by the preceding article,
shall be charged to his legitime. alienated such property: Provided, finally, That in
any heir or devisee who did not have such right may the last case, should the adopted leave no
exercise it; should the latter not make use of it, the property other than that received from the
Should they exceed the portion that can be freely property shall be sold at public auction at the instance of adopter, and he is survived by illegitimate issue
disposed of, they shall be reduced in the manner any one of the interested parties. (822) or a spouse, such illegitimate issue collectively or
prescribed by this Code. (847a) the spouse shall receive one-fourth of such
Article 1347. All things which are not outside the property; if the adopted is survived by illegitimate
Article 911. After the legitime has been determined in commerce of men, including future things, may be the issue and a spouse, then the former collectively
accordance with the three preceding articles, the object of a contract. All rights which are not shall receive one-fourth and the latter also one-
reduction shall be made as follows: intransmissible may also be the object of contracts. fourth, the rest in any case reverting to the
adopter, observing in the case of the illegitimate
(1) Donations shall be respected as long as the No contract may be entered into upon future inheritance issue the proportion provided for in Article 895 of
legitime can be covered, reducing or annulling, if except in cases expressly authorized by law. the Civil Code.
necessary, the devises or legacies made in the
will; The adopter shall not be a legal heir of the adopted
person, whose parents by nature shall inherit from him,
except that if the latter are both dead, the adopting parent
or parents take the place of the natural parents in the line may have been donated by the latter to their children. Article 1073. The donee's share of the estate shall be
of succession, whether testate or interstate. (1039) reduced by an amount equal to that already received by
him; and his co-heirs shall receive an equivalent, as much
Article 1066. Neither shall donations to the spouse of the as possible, in property of the same nature, class and
child be brought to collation; but if they have been given quality. (1047)
Article 914. The testator may devise and bequeath the by the parent to the spouses jointly, the child shall be
free portion as he may deem fit. (n) obliged to bring to collation one-half of the thing donated. Article 1074. Should the provisions of the preceding
(1040) article be impracticable, if the property donated was
immovable, the co-heirs shall be entitled to receive its
Article 1067. Expenses for support, education, medical equivalent in cash or securities, at the rate of quotation;
attendance, even in extraordinary illness, apprenticeship, and should there be neither cash or marketable securities
SECTION 5 in the estate, so much of the other property as may be
Collation ordinary equipment, or customary gifts are not subject to
collation. (1041) necessary shall be sold at public auction.

Article 1061. Every compulsory heir, who succeeds with If the property donated was movable, the co-heirs shall
other compulsory heirs, must bring into the mass of the Article 1068. Expenses incurred by the parents in giving
their children a professional, vocational or other career only have a right to select an equivalent of other personal
estate any property or right which he may have received property of the inheritance at its just price. (1048)
from the decedent, during the lifetime of the latter, by way shall not be brought to collation unless the parents so
of donation, or any other gratuitous title, in order that it provide, or unless they impair the legitime; but when their
may be computed in the determination of the legitime of collation is required, the sum which the child would have Article 1075. The fruits and interest of the property
each heir, and in the account of the partition. (1035a) spent if he had lived in the house and company of his subject to collation shall not pertain to the estate except
parents shall be deducted therefrom. (1042a) from the day on which the succession is opened.
Article 1062. Collation shall not take place among
compulsory heirs if the donor should have so expressly Article 1069. Any sums paid by a parent in satisfaction of For the purpose of ascertaining their amount, the fruits
provided, or if the donee should repudiate the inheritance, the debts of his children, election expenses, fines, and and interest of the property of the estate of the same kind
unless the donation should be reduced as inofficious. similar expenses shall be brought to collation. (1043a) and quality as that subject to collation shall be made the
(1036) standard of assessment. (1049)
Article 1070. Wedding gifts by parents and ascendants
Article 1063. Property left by will is not deemed subject to consisting of jewelry, clothing, and outfit, shall not be Article 1076. The co-heirs are bound to reimburse to the
collation, if the testator has not otherwise provided, but reduced as inofficious except insofar as they may exceed donee the necessary expenses which he has incurred for
the legitime shall in any case remain unimpaired. (1037) one-tenth of the sum which is disposable by will. (1044) the preservation of the property donated to him, though
they may not have augmented its value.
Article 1064. When the grandchildren, who survive with Article 1071. The same things donated are not to be
their uncles, aunts, or cousins, inherit from their brought to collation and partition, but only their value at The donee who collates in kind an immovable which has
grandparents in representation of their father or mother, the time of the donation, even though their just value may been given to him must be reimbursed by his co-heirs for
they shall bring to collation all that their parents, if alive, not then have been assessed. the improvements which have increased the value of the
would have been obliged to bring, even though such property, and which exist at the time the partition if
grandchildren have not inherited the property. Their subsequent increase or deterioration and even their effected.
total loss or destruction, be it accidental or culpable, shall
They shall also bring to collation all that they may have be for the benefit or account and risk of the donee. As to works made on the estate for the mere pleasure of
received from the decedent during his lifetime, unless the (1045a) the donee, no reimbursement is due him for them; he has,
testator has provided otherwise, in which case his wishes however, the right to remove them, if he can do so without
must be respected, if the legitime of the co-heirs is not Article 1072. In the collation of a donation made by both injuring the estate. (n)
prejudiced. (1038) parents, one-half shall be brought to the inheritance of the
father, and the other half, to that of the mother. That given Article 1077. Should any question arise among the co-
Article 1065. Parents are not obliged to bring to collation by one alone shall be brought to collation in his or her heirs upon the obligation to bring to collation or as to the
in the inheritance of their ascendants any property which inheritance. (1046a) things which are subject to collation, the distribution of the
estate shall not be interrupted for this reason, provided
adequate security is given. (1050)