Bicol College

SCHOOL OF LAW
Daraga, Albay

COURSE SYLLABUS
[LAW ON SUCCESSION]

Subject Title SUCCESSION

School Year/Sem 1st Semester/ School Year 2020-2021
Units 4 units
Subject Description Deals with the basic principles of distribution of property upon death
of the owner. Death is a major occasion for the transfer of property
and the principles relating to it form an important part of any legal
practice.

While the course encompasses upon the rules and practice relating to
distribution of property on death, various aspects of social policy are
considered. The following topics likewise will be covered: wills;
distribution upon intestacy; family provision; probate and
administration, partition and the choice of law principles that govern
the law applicable to succession issues which are connected to more
than one jurisdiction.
Course Outline
I. INRODUCTION

 STATUTORY DEFINITION OF SUCCESSION

 SUCCESSION AS A MODE OF ACQUISITION
 ORIGINAL AND DERIVATIVE CLASSES OF
ACQUIRING OWNERSHIP
 ELEMENTS OF SUCCESSION
 REQUISITES OF SUCCESSION
 HEIR
 KINDS OF HEIRS
 WHEN SUCCESSIONAL RIGHTS ARE
VESTED
 LAW THAT GOVERNS DISTRIBUTION OF
ESTATE
 HEIRS SUCCEED NOT ONLY TO THE
RIGHTS OF THE DECEASED BUT ALSO TO
HIS OBLIGATIONS; EXCEPTION

II. GENERAL PROVISIONS

 SUCCESSION; DEFINITION
 “DECEDENT” AND “TESTATOR”
 INHERITANCE
 Heirs subrogated to the rights and obligations of
the decedent
 Debts of deceased must first be paid before his
heirs can inherit
 Binding effect of contracts upon heirs of deceased
party
 RIGHTS TO THE SUCCESSION; WHEN
VESTED
 Vesture of successional rights
 Vested rights to succession not impaired by new
 law
 Right of heir to dispose of share accrues upon
decedent’s death
 Heir may sell hereditary rights to co-heir
 Value of inheritance reckoned as of time of death
of decedent
 Declaration of heirship not needed to establish
right to inheritance
 Action to quiet title survives the death of decedent
 Heirs generally bound by contracts entered into by
predecessors;
 KINDS OF SUCCESSION
 TESTAMENTARY SUCCESSION
 MIXED SUCCESSION
 WHAT THE INHERITANCE COMPRISES AND
EXCLUDES
 Future inheritance
 Transfer to heir of duties and rights
 Right of redemption transmissible to heirs
 KINDS OF SUCCESSORS; HEIR, DEVISEE
AND LEGATEE

III. TESTAMENTARY SUCCESSION

 WILL; DEFINITION
 Wills as species of conveyance
 Will as an intent to dispose mortis causa
 WILL-MAKING A STRICTLY PERSONAL
ACT
 NON-DELEGABLE COMPONENTS OF A
WILL
 PROVISIONS IN A WILL THAT CAN BE
ENTRUSTED TO A THIRD PERSON
 EFFICACY OF A WILL CANNOT BE LEFT TO
THE DISCRETION OF ANOTHER PERSON
 CONSTRUCTION THAT WILL GIVE EFFECT
TO A DISPOSITION FAVORED
 Court could vary the language of the will to give it
effect
 TESTATOR’S INTENTION TO BE
ASCERTAINED FROM THE WORDS OF THE
WILL
 ORDINARY AND TECHNICAL WORDS IN A
WILL; HOW CONSTRUED
 Execution of a will to be settled pursuant to
testator’s intention
 PREFERENCE TO BE ACCORDED TO
EXPRESSIONS GIVING EFFECT TO A WILL
 PARTIAL VALIDITY AND INVALIDITY OF A
WILL
 STATUS OF AFTER-ACQUIRED PROPERTY
 DEVISE OR LEGACY TO COVER ALL
INTEREST OF TESTATOR
 LAW GOVERNING FORM OF WILLS
 Validity of will to be judged by the law at the time
of its making
 TESTAMENTARY CAPACITY; GENERALLY
 PRESUMED
 MINORS INCAPACITATED TO MAKE A
WILL
 TESTATOR MUST BE OF SOUND MIND AT
THE TIME OF EXECUTION OF WILL
 WHAT CONSTITUTES A SOUND MIND
 General presumption of sanity and burden of
proving the contrary
 REVERSE PRESUMPTION
 EFFECTS OF SUPERVENING CAPACITY
AND INCAPACITY
 MARRIED WOMAN MAY MAKE A WILL
WITHOUT HUSBAND’S CONSENT AND
COURT AUTHORITY
 MARRIED WOMAN MAY DISPOSE OF BY
WILL HER SEPARATE AND CONJUGAL
PROPERTY
 REQUIREMENTS COMMON TO WILLS
 NOTARIAL WILL

i. Attestation Clause
ii. Purpose of attestation clause
iii. Purpose of requiring the numbering of pages
iv. Precision of language in drafting attestation
clause not imperative.
v. Number of sheets or pages used; failure to state
deemed fatal
vi. Number of pages; purpose of stating it in the
attestation clause
vii. Signatures of witnesses at bottom of attestation
clause mandatory
viii. Subscription of signatures of testator and
attesting witnesses
ix. Attestation clause pertains only to witnesses
x. Subscription
xi. Test of presence of testator and witnesses
xii. Subscription on various periods not permitted
by law
xiii. Signatures of testator and witnesses appearing
in right margin
xiv. Use of thumbprint or other mark allowed
xv. Inadvertent failure of witness to affix signature
to a page not fatal
xvi. Signing by another op testator’s name at
latter’s direction
xvii. Third person requested by testator to write his
name need not sign will himself
xviii. Will subscribed at the end by some person
other than the testator, insufficient compliance
with the law
xix. Position of testator and witnesses when will is
subscribed
xx. Primary purpose of pagination requirement
xxi. Use of Arabic numerals in lieu of letters
allowed

 NOTARIAL ACKNOWLEDGMENT OF WILLS

i. Purpose of acknowledgment
ii. Certification of notary that testament was duly
acknowledged is not part of acknowledgment
or testamentary act
iii. Acknowledgment and jurat distinguished
iv. Notary public cannot serve as witness at the
same time
 RULE IN CASE THE TESTATOR IS DEAF OR
DEAF-MUTE
 RULE IN CASE THE TESTATOR IS BLIND;
RATIONALE FOR THE RULE
 DEFECTS AND IMPERFECTIONS IN THE
FORM OF ATTESTATION; DOCTRINE OF
LIBERAL INTERPRETATION
 HOLOGRAPHIC WILL; FORM
i. Effect of failure to observe formalities
ii. Complete date requirement; exception
iii. WITNESS/ES OR EXPERT ON THE
HANDWRITING AND SIGNATURE OF
TESTATOR
iv. 3-witness requirement not mandatory for
holographic wills
v. Holographic will itself must be presented for
probate; exception
vi. Date in a holographic will to include the day,
month and year of execution; exception
vii. Where to place the date of the holographic will
viii. DISPOSITIONS BELOW TESTATOR’S
SIGNATURE
ix. Only unsigned words erased, corrected are
invalidated; exception
x. SIGNED BUT UNDATED DISPOSITIONS;
HOW VALIDATED; EFFECT
xi. AUTHENTICATING INSERTIONS,
CANCELLATIONS, ERASURES OR
ALTERATIONS

 WILL MADE BY A FILIPINO ABROAD MAY

BE PROBATED IN THE PHILIPPINES
 EFFECT OF WILL MADE BY AN ALIEN WHO
IS ABROAD
 EFFECT OF WILL MADE IN THE
PHILIPPINES BY CITIZEN OF ANOTHER
COUNTRY
 JOINT WILL PROHIBITED
 JOINT WILLS EXECUTED BY FILIPINOS
AND ALLOWED IN ANOTHER COUNTRY
NOT VALID HERE
 WITNESSES TO WILLS; QUALIFICATIONS

i. Good reputation of witness presumed

ii. Credibility as the other principal qualification
of witness to a will
iii. Relatives of testator or heirs not prohibited
from being witnesses
iv. Competency of witness determined by law
 while his credibility rests upon appreciation
thereof by the court
v. Competency and credibility as a witness
distinguished
 COMPETENCY OF WITNESSES MUST BE
PRESENT AT TIME OF ATTESTATION;
THEIR SUBSEQUENT INCOMPETENCY WILL
NOT BAR PROBATE OF WILL
 WITNESS, HIS SPOUSE, PARENT, CHILD OR
PERSON CLAIMING UNDER ANY OF THEM
CANNOT INHERIT
 CREDITORS OF A TESTATOR MAY BE
COMPETENT WITNESSES TO HIS WILL
 CODICIL; DEFINITION
 FORMAL REQUISITES OF A CODICIL
 INCORPORATION OF DOCUMENT IN A
WILL BY REFERENCE; REQUIREMENTS
 REVOCATION OF WILLS
 LAW THAT GOVERNS REVOCATION
 INSTANCES WHEN A WILL OR PART OF IT
MAY BE REVOKED

i. Physical act of destruction of will not suffice to

revoke the same
ii. Doctrine of dependent relative revocation
iii. When cancellation or destruction of a will may
be presumed
iv. Effect of will torn by another without testator’s
express direction
 IMPLIED PARTIAL REVOCATION
 DOCTRINE OF ABSOLUTE REVOCATION
 REVOCATION BY MISTAKE
 EFFECT OF REVOCATION OF WILL ON
RECOGNITION OF ILLEGITIMATE CHILD
 REPUBLICATION AND REVIVAL OF WILLS
 EFFECT OF EXECUTION OF A CODICIL
REFERRING TO A PRIOR WILL
 REVIVAL OF WILLS: REVOCATION OF 2ND
WILL REVOKING 1ST WILL DOES NOT
REVIVE THE LATTER
 ALLOWANCE AND DISALLOWANCE OF
WILLS (PROBATE)
 WHEN WILL MAY BE DISALLOWED
 INSTITUTION OF HEIR; DEFINITION
 EFFECTS OF NON-INSTITUTION OR
PARTIAL INSTITUTION OF AN HEIR, ETC.
 Effect of partial disposition of testator’s estate
 FREEDOM OF DISPOSITION; TESTATE
SUCCESSION PREFERRED OVER
INTESTACY
 DESIGNATION OF HEIR BY NAME OR
OTHER IDENTIFYING CIRCUMSTANCES
 EFFECT OF ERROR IN NAME, ETC. AND
IDEN TICAL NAMES
 DISPOSITION IN FAVOR OF UNKNOWN OR
UNIDENTIFIED PERSON NOT VALID
 RULE WHERE HEIRS ARE INSTITUTED
 WITHOUT DESIGNATION OF SHARES
 CONSTRUCTION WHEN HEIRS ARE
INDIVIDUALLY AND COLLECTIVELY
INSTITUTED
 INSTITUTION OF BROTHERS AND SISTERS
OF THE FULL AND HALF BLOOD
 INSTITUTION OF A PERSON AND HIS
CHILDREN
 EFFECT OF INSTITUTION OF AN HEIR
BASED ON A FALSE CAUSE
 Annulment of institution of heirs based on false
cause; requisites
 INSTITUTION OF ONE OR SEVERAL HEIRS
TO AN ALIQUOT PART OF INHERITANCE
 WHEN HEIRS’ TOTAL ALIQUOT PARTS ARE
LESS THAN THE WHOLE INHERITANCE
 RULE WHEN HEIRS’ TOTAL ALIQUOT
PARTS EXCEED THE ENTIRE ESTATE
 PRETERITION OR PRETERMISSION OF
HEIRS

i. Preterition defined
ii. Successional rights of illegitimate children
iii. Rule on preterition applies to testator’s adopted
child, not to spouse

 COMPLETION OF LEGITIME
 PREDECEASE, INCAPACITY AND
RENUNCIATION; GROUNDS FOR
DISQUALIFICATION OF HEIRS
 Elements of a valid repudiation or waiver of
inheritance
 EFFECTS OF PREDECEASE
 SUBSTITUTION OF HEIRS
 KINDS OF SUBSTITUTION
 SIMPLE OR COMMON SUBSTITUTION
 BRIEF OR COMPENDIOUS SUBSTITUTION
 RECIPROCAL SUBSTITUTION; EFFECTS
 CHARGES AND CONDITIONS IMPOSABLE
UPON THE SUBSTITUTE
 FIDEICOMMISSARY SUBSTITUTION
 LEGITIME NOT TO BE AFFECTED BY
FIDEICOMMISSARY SUBSTITUTION
 FIDEICOMMISSARY SUBSTITUTION MUST
BE EXPRESSLY MADE TO BE VALID
 ENTITLEMENT OF FIDUCIARY TO
DEDUCTIONS FOR LEGITIMATE EXPENSES
 WHEN THE RIGHTS OF THE FIRST AND
SECOND HEIRS ARE VESTED
 WHEN FIDEICOMMISSARY SUBSTITUTIONS
ARE DEEMED VOID
 EFFECTS OF NULLITY OF
FIDEICOMMISSARY SUBSTITUTION
 PROVISION ON USUFRUCT
 DISPOSITION DECLARING ESTATE
INALIENABLE FOR A CERTAIN PERIOD
 CONDITIONAL TESTAMENTARY
 DISPOSITIONS AND TESTAMENTARY
DISPOSITIONS WITH A TERM; FREEDOM OF
DISPOSITION
 CHARGE, CONDITION OR SUBSTITUTION
UPON THE LEGITIME DEEMED VOID
 IMPOSSIBLE AND UNLAWFUL CONDITIONS
 CONDITION PROHIBITING MARRIAGE
 SCRIPTURA CAPTATORIA OR DISPOSICION
CAPTATORIA
 PURELY POTESTATIVE CONDITION
 CASUAL AND MIXED CONDITIONS
 DISPOSITION WITH A SUSPENSIVE TERM
 NEGATIVE POTESTATIVE CONDITION
 EFFECT OF SUSPENSIVE CONDITION OR
TERM OR FAILURE TO GIVE BOND
 PLACEMENT OF THE ESTATE UNDER
ADMINISTRATION MODE
 ANALOGOUS AND CONSTRUCTIVE
COMPLIANCE
 RULES FOR CONDITIONAL OBLIGATIONS
 TERM OR PERIOD IN TESTAMENTARY
DISPOSITIONS
 LEGITIME; DEFINITION; WHAT
CONSTITUTES LEGITIME
 WHO ARE THE COMPULSORY HEIRS?
 LEGITIME OF LEGITIMATE CHILDREN AND
DESCENDANTS
 LEGITIME OF LEGITIMATE PARENTS OR
ASCENDANTS
 LEGITIME OF LEGITIMATE PARENTS
 RESERVA TRONCAL
 PRINCIPLE OF RESERVA TRONCAL
 LEGITIMES OF 1 LEGITIMATE CHILD AND
SURVIVING SPOUSE
 LEGITIMES OF LEGITIMATE PARENTS AND
SURVIVING SPOUSE
 LEGITIMES OF ILLEGITIMATE CHILDREN
AND SURVIVING SPOUSE
 LEGITIMES OF LEGITIMATE AND
ILLEGITIMATE CHILDREN
 LEGITIMES OF LEGITIMATE PARENTS AND
ILLEGITIMATE CHILDREN
 LEGITIMES OF LEGITIMATE AND
ILLEGITIMATE CHILDREN AND SURVIVING
SPOUSE
 LEGITIMES OF LEGITIMATE PARENTS,
ILLEGITIMATE CHILDREN AND SURVIVING
SPOUSE
 LEGITIME OF THE SURVIVING SPOUSE
 LEGITIME OF ILLEGITIMATE CHILDREN
 RIGHTS OF ILLEGITIMATE CHILDREN TO
LEGITIME; WHEN TRANSMITTED
 LEGITIMES OF ILLEGITIMATE PARENTS
AND SURVIVING SPOUSE OF
ILLEGITIMATE CHILD
 NON-DISPOSABILITY OF LEGITIME;
EXCEPTIONS
 RENUNCIATION OR COMPROMISE OF
FUTURE LEGITIME VOID
 REMEDY IN CASE OF INCOMPLETE
LEGITIME
 INOFFICIOUS OR EXCESSIVE
TESTAMENTARY DISPOSITIONS;
REMEDIES
 DEDUCTION AND COLLATION
 DONATIONS TO CHILDREN AND
STRANGERS AND INOFFICIOUS
DONATIONS
 TREATMENT OF DONATIONS GIVEN TO
ILLEGITIMATE CHILD
 PROCEDURE FOR REDUCTION OF
TESTAMENTARY DISPOSITIONS AND
DONATIONS
 RULES ON REDUCTION OF DEVISES
 FREEDOM OF TESTATOR TO DISPOSE OF
FREE PORTION
 DISINHERITANCE; DEFINITION
 DISINHERITANCE CAN ONLY BE EFFECTED
THROUGH A WILL
 BURDEN OF PROVING CAUSE OF
DISINHERITANCE RESTS ON OTHER HEIRS
 GROUNDS FOR IMPERFECT OR
INEFFECTIVE DISINHERITANCE; EFFECT
 SUFFICIENT CAUSES FOR DISINHERITING
CHILDREN AND DESCENDANTS
 SUFFICIENT CAUSES FOR DISINHERITING
PARENTS OR ASCENDANTS
 SUFFICIENT CAUSES FOR DISINHERITING
A SPOUSE
 EFFECT OF ENSUING RECONCILIATION
BETWEEN OFFENDER AND OFFENDED
 EFFECTS OF DISINHERITANCE ON
CHILDREN. DESCENDANTS AND PARENTS
 LEGACIES AND DEVISES; DEFINITION
 WHAT CAN BE BEQUEATHED OR DEVISED
 PERSONS CHARGED WITH LEGACIES AND
DEVISES
 LIABILITY WHEN ONE OR NONE OF THE
HEIRS CHARGED WITH LEGACY OF DEVISE
 LIABILITY FOR LOSS OR DESTRUCTION OF
THING DEVISED OR BEQUEATHED
 LIABILITY FOR EVICTION
 REMEDIES IF TESTATOR, HEIR OR
LEGATEE OWNS ONLY A PART OR
INTEREST IN THE THING BEQUEATHED
 LEGACY OR DEVICE VITIATED BY
MISTAKE
 LEGACY OR DEVICE OF A THING NOT
OWNED BY TESTATOR
 LEGACY OR DEVISE OF THING BELONGING
TO LEGATEE OR DEVISEE
 EFFECTS OF GRATUITOUS AND ONEROUS
ACQUISITION BY LEGATEE OR DEVISEE OF
THING BEQUEATHED AFTER THE MAKING
 OF WILL
 LEGACY OR DEVISE OF THING PLEDGED
OR MORTGAGED
 LEGACIES OF CREDIT OF A THIRD PERSON
AND REMISSION OF DEBT OF LEGATEE
 WHEN LEGACY OF CREDIT OR REMISSION
REVOKED
 WHAT A GENERIC LEGACY OF RELEASE
OR REMISSION OF DEBTS COVERS
 APPLICATION OF LEGACY OR DEVISE
MADE TO A CREDITOR
 DISPOSITION OF NON-EXISTING DEBT AND
OVERPAYMENT OF SPECIFIC DEBT
 ALTERNATIVE LEGACY OR DEVISE
 LEGACY OR DEVISE OF GENERIC
PROPERTY
 RIGHT OF CHOICE
 CHOICE MADE IRREVOCABLE
 LEGACY FOR EDUCATION OR SUPPORT
 LEGACY OF PENSION
 LEGACY OF A THING UNDER USUFRUCT
 RIGHT TO PURE AND SIMPLE LEGACIES OR
DEVISES; WHEN ACQUIRED
 LEGACY OR DEVICE OF SPECIFIC AND
DETERMINATE THING
 LEGACY OF GENERIC THING AND
OWNERSHIP OF ITS FRUITS AND
INTERESTS
 ORDER OF PREFERENCE IN THE PAYMENT
OF LEGACIES OR DEVISES
 MANNER OF DELIVERY OF LEGACY OR
DEVISE
 EXPENSES FOR DELIVERY OF THING
BEQUEATHED FOR WHOSE ACCOUNT
 REQUEST FOR DELIVERY AND POSSESSION
OF THING BEQUEATHED
 ACCEPTANCE AND REPUDIATION IN PART
OF LEGACY OR DEVISE
 ACCEPTANCE OR RENUNCIATION OF
ONEROUS AND/OR GRATUITOUS LEGACIES
OR DEVISES
 EFFECT OF INEFFECTIVE LEGACY OR
DEVISE
 GROUNDS FOR REVOCATION OF LEGACY
OR DEVISE
 EFFECT OF MISTAKE AS TO NAME OF THE
THING BEQUEATHED OR DEVISED
 DISPOSITION IN FAVOR OF TESTATOR’S
RELATIVES; RULE OF PROXIMITY APPLIES

III: LEGAL OR INTESTATE SUCCESSION

 LEGAL OR INTESTATE SUCCESSION;
DEFINITION
 CAUSES OF INTESTACY
 ORDER OF INTESTATE OR LEGAL
SUCCESSION
 Classification of intestate or legal heirs
 RULE OF EQUAL DIVISION
 RELATIONSHIP; FUNDAMENTAL
CONCEPTS AND RULES IN RELATIONSHIP
 PROXIMITY OF RELATIONSHIP; HOW
DETERMINED
 DIRECT AND COLLATERAL LINES
 DEGREES; HOW COUNTED
 KINDS OF BLOOD RELATIONSHIP
 INCAPACITY TO SUCCEED; WHEN
ACCRETION IN INTESTACY TAKES PLACE
 EFFECT OF REPUDIATION OF
INHERITANCE BY NEAREST RELATIVES
 RIGHT OF REPRESENTATION; DEFINITION
 REPRESENTATIVE SUCCEEDS THE
DECEDENT NOT THE PERSON
REPRESENTED
 REPRESENTATION OCCURS ONLY IN THE
DIRECT DESCENDING LINE
 CAPACITY OF REPRESENTATIVE TO
SUCCEED DECEDENT
 DIVISION OF ESTATE IN SUCCESSION BY
REPRESENTATION
 PER CAPITA
 PER STIRPES
 INHERITANCE OF NEPHEWS AND NIECES
 Nephew or niece of full blood entitled to inherit
share double that of nephew or niece of half blood
 REPRESENTATION BY RENOUNCER OR
REPUDIATOR
 REPRESENTATION OF RENOUNCER OR
REPUDIATOR
 Representation in adoption
 ORDER OF INTESTATE SUCCESSION
 SUCCESSION PERTAINS TO DESCENDING
DIRECT LINE
 ADOPTED CHILD SUCCEEDS TO THE
PROPERTY OF THE ADOPTING PARENTS
 CHILDREN OF DECEASED ALWAYS
INHERIT FROM HIM IN THEIR OWN RIGHT
 INHERITANCE OF CHILDREN OF
DECEASED AND DESCENDANTS OF OTHER
CHILDREN WHO ARE DEAD
 GRANDCHILDREN INHERIT BY RIGHT OF
REPRESENTATION; EXCEPTION
 LEGITIME OF ILLEGITIMATE CHILD;
PROPORTION
 LEGAL HEIRS OF ADOPTED CHILD
 INHERITANCE OF PARENTS AND
ASCENDANTS
 INHERITANCE OF FATHER AND/OR
MOTHER
 INHERITANCE OF ASCENDANTS NEAREST
IN DEGREE
 INHERITANCE OF ILLEGITIMATE
CHILDREN
 INHERITANCE OF ILLEGITIMATE
CHILDREN AND DESCENDANTS OF
 ANOTHER ILLEGITIMATE CHILD
 HEREDITARY RIGHTS OF ILLEGITIMATE
CHILDREN; WHEN TRANSMITTED
 INHERITANCE OF ILLEGITIMATE
CHILDREN AND LEGITIMATE
ASCENDANTS
 RULE OF BARRIER BETWEEN LEGITIMATE
AND ILLEGITIMATE FAMILIES
 Iron curtain bar rule
 INHERITANCE FROM ILLEGITIMATE
DECEDENT
 SURVIVING SPOUSE OF ILLEGITIMATE
CHILD; ALONE OR WITH RELATIVES
 INHERITANCE OF SURVIVING SPOUSE
 Surviving spouse not an intestate heir of parent-in-
law
 SURVIVING SPOUSE CONCURRING WITH A
LEGITIMATE CHILD ENTITLED TO 1/2 OF
THE INTESTATE ESTATE
 RULE WHEN WIDOW OR WIDOWER
SURVIVES WITH LEGITIMATE PARENTS OR
ASCENDANTS
 RULE WHEN SURVIVING SPOUSE
CONCURS WITH ILLEGITIMATE CHILDREN
 RULE WHEN WIDOW OR WIDOWER
SURVIVES WITH LEGITIMATE AND
ILLEGITIMATE CHILDREN OR THEIR
DESCENDANTS
 RULE WHEN NEAREST SURVIVING
RELATIVES OF THE DECEDENT ARE THE
PARENTS, SPOUSE AND AN ADOPTED
CHILD
 RULE WHEN BROTHERS AND SISTERS OR
THEIR CHILDREN CONCUR WITH
SURVIVING SPOUSE
 Brother’s right to succeed
 What precludes succession by collateral relatives
 SURVIVING SPOUSE WHO GAVE CAUSE
FOR LEGAL SEPARATION NOT ENTITLED
TO SUCCESSIONAL RIGHTS
 COLLATERAL RELATIVES SUCCEED IN
DEFAULT OF ASCENDANTS, ILLEGITIMATE
CHILDREN OR SURVIVING SPOUSE
 Collateral relatives excluded by children of
intestate decedent
 RULE WHEN BROTHERS AND SISTERS OF
THE FULL BLOOD ARE THE ONLY
SURVIVORS
 RULE WHEN BROTHERS AND SISTERS
SURVIVE WITH NEPHEWS AND NIECES
 RULE WHEN BROTHER AND SISTERS OF
THE FULL BLOOD CONCUR WITH
BROTHERS AND SISTERS OF THE HALF
BLOOD
 RULE WHEN BROTHERS AND SISTERS OF
THE HALF BLOOD, SOME ON THE
FATHER’S AND SOME ON THE MOTHER’S
 SIDE, ARE THE ONLY SURVIVORS
CHILDREN OF BROTHERS AND SISTERS OF
THE HALF BLOOD
 Nephew or niece of full blood entitled to inherit
share double that of the nephew or niece of half
blood
 OTHER COLLATERAL RELATIVES; WHEN
ENTITLED TO SUCCESSION
 COLLATERALS BEYOND 5TH DEGREE
EXCLUDED
 STATE AS INTESTATE HEIR
 ESCHEAT PROCEDURE

i. Escheat proceeding an exercise of state sovereignty

ii. Legal basis of state’s right to receive property in
escheat; state as last intestate heir
iii. Requisites for the filing of petition for escheat
iv. Reversion or escheat of lands which sold to
disqualified aliens
 ASSIGNMENT OF ESTATE
 RIGHT OF PERSON LEGALLY ENTITLED TO
ESCHEATED PROPERTY
 ORDER OF PREFERENCE AND ORDER OF
CONCURRENCE IN INTESTATE
SUCCESSION UNDER ARTICLES 978 TO 1014
IV. PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSIONS

 RIGHT OF ACCRETION; ACCRETION

 REQUISITES OF ACCRETION IN
TESTAMENTARY SUCCESSION
 RIGHT OF ACCRETION APPLIES WHERE
IDENTITY OF SHARE NOT DETERMINATE
 ACCRETION IN LEGAL OR INTESTATE
SUCCESSION
 PROPORTIONAL DISTRIBUTION OF SHARE
SUBJECT OF ACCRETION
 RIGHTS AND OBLIGATIONS ASSUMED BY
HEIRS RECEIVING THE ACCRETION
 WHEN RIGHT OF ACCRETION OCCURS
AMONG COMPULSORY HEIRS
 EFFECT IF THERE IS NO ACCRETION
 ACCRETION INVOLVING DEVISEES,
LEGATEES AND USUFRUCTUARIES
 CAPACITY TO SUCCEED BY WILL OR BY
INTESTACY; WHO MAY SUCCEED BY WILL
OR BY INTESTATE SUCCESSION
 REQUISITES FOR INHERITANCE BY WILL
OR BY INTESTACY
 CAPACITY TO SUCCEED OF JURIDICAL
AND NON-JURIDICAL ENTITIES
 PERSONS INCAPACITATED TO SUCCEED
BASED ON UNDUE INFLUENCE OR
INTEREST
 PROHIBITIONS ON DONATIONS
APPLICABLE TO TESTAMENTARY
PROVISIONS
 DISPOSITION FOR PRAYERS AND PIOUS
WORKS FOR THE TESTATOR’S SOUL
 TESTAMENTARY PROVISIONS IN FAVOR
OF THE POOR IN GENERAL
 PROVISION IN FAVOR OF A DISQUALIFIED
PERSON UNDER ANY GUISE VOID
 ACTS OF UNWORTHINESS
 WHEN CAUSE OF UNWORTHINESS
DEEMED INEFFECTIVE
 TIME TO DETERMINE CAPACITY OF HEIR
 RIGHT OF DISQUALIFIED HEIR TO
NECESSARY EXPENSES FOR
PRESERVATION
 LIABILITY OF INCAPACITATED PERSON
POSSESSING HEREDITARY PROPERTY IN
BAD FAITH
 LAW GOVERNING CAPACITY TO SUCCEED
 Doctrine of renvoi; when applicable
 Lex rei sitae or Situs rule
 PERIOD TO RECOVER INHERITANCE FROM
DISQUALIFIED HEIR
 ACCEPTANCE AND REPUDIATION OF THE
INHERITANCE; A FREE AND VOLUNTARY
ACT
 What acts do not constitute acceptance
 RETROACTIVE EFFECT OF ACCEPTANCE
OR REPUDIATION
 REQUIREMENTS FOR ACCEPTANCE OR
REPUDIATION
 PERSONS WHO MAY ACCEPT OR
REPUDIATE
 Judicial approval required in repudiation by
parents and guardians
 JUDICIAL AUTHORIZATION REQUIRED IN
CASE OF REPUDIATION BY LEGAL
REPRESENTATIVE OF AN ENTITY
 Property subject to collation; assessment of
property donated
 ACCEPTANCE OR REPUDIATION BY
PUBLIC OFFICES SUBJECT TO
GOVERNMENT APPROVAL
 REPUDIATION BY MARRIED WOMAN;
EXCEPTIONS
 ACCEPTANCE OR REPUDIATION OF
INHERITANCE BY DEAF-MUTES
 EXPRESS OR TACIT ACCEPTANCE
 INSTANCES OF TACIT ACCEPTANCE
 FORMS OF REPUDIATION
 REPUDIATION PREJUDICIAL TO HEIR’S
OWN CREDITORS
 EFFECT OF HEIR’S DEATH WITHOUT
ACCEPTANCE OR REPUDIATION
 ACCEPTANCE AND REPUDIATION BY
SOME HEIRS
 HEIR BY WILL AND BY LAW REPUDIATING
AS TESTAMENTARY HEIR
 IRREVOCABILITY AND INDISPUTABILITY
 OF ACCEPTANCE AND REPUDIATION;
EXCEPTIONS
 IMPLIED ACCEPTANCE BY INACTION
WITHIN REGLEMENTARY PERIOD
 EXECUTORS AND ADMINISTRATORS;
ADMINISTRATION OF ESTATES OF
DECEASED PERSONS GOVERNED BY
RULES OF COURT
 APPLICABLE PROVISIONS WHERE
ESTATE’S ASSETS INSUFFICIENT TO PAY
DEBTS
 CORPORATION OR ASSOCIATION AS
ESTATE EXECUTOR, ADMINISTRATOR,
GUARDIAN, OR TRUSTEE
 COLLATION; DEFINITION
 Limitations on donation; when donation is
collatable or reducible
 What is brought to collation; rationale for the rule
 When may inofficiousness of donation be
determined
 Prescriptive period for action to reduce inofficious
donation
 OBLIGATION OF COMPULSORY HEIR TO
COLLATE
 INSTANCES WHEN COLLATION SHALL NOT
TAKE PLACE
 PROPERTY LEFT BY WILL CONSTRUED AS
DEVISES OR LEGACIES; HOW COLLATED
 GRANDCHILDREN WHO SURVIVE WITH
UNCLES, AUNTS OR FIRST COUSINS AND
INHERIT BY RIGHT OF REPRESENTATION
 DONATIONS TO CHILDREN OF
COMPULSORY HEIRS
 DONATIONS TO SPOUSE OF CHILD
 EXPENSES FOR SUPPORT, ETC. NOT
SUBJECT TO COLLATION
 EXPENSES FOR CHILD’S CAREER
 PAYMENTS FOR CHILD’S DEBTS, ETC
 GIFTS FOR CHILD’S WEDDING
 WHAT IS BROUGHT TO COLLATION;
PRINCIPLES OF RES PERIT DOMINO AND
ACCESSION
 DONATIONS MADE BY BOTH PARENTS
AND BY ONE PARENT ONLY
 EQUALIZATION OF SHARES OF DONEE
AND CO-HEIRS
 WHAT MAY BE RECEIVED IN CASE
COLLATABLE PROPERTY HAS NO
EQUIVALENT
 FRUITS AND INTEREST OF THE
COLLATABLE PROPERTY
 REIMBURSEMENT OF EXPENSES IN CASE
OF TOTALLY INOFFICIOUS DONATION
 DISTRIBUTION OF ESTATE MUST NOT BE
DISRUPTED BY ISSUE ON COLLATION
 PARTITION AND DISTRIBUTION OF THE
ESTATE; CONCEPT OF CO-OWNERSHIP
 PARTITION
i. Partition by extrajudicial settlement of
the estate
ii. Rationale for the rule on extrajudicial
partition
iii. Judicial action for partition as a remedy
of a co-owner
iv. Phases of judicial partition
v. Delineations of the 2 phases of judicial
partition
vi. Action for partition does not prescribe
and is not barred by laches
vii. Action for partition an action for
declaration of co-ownership
viii. Family home protected from immediate
partition
ix. Court to determine first the issue
ownership prior to effecting partition

 PARTITION BY AN ACT INTER VIVOS

i. Partition inter vivos; how made and
forms required
ii. Partition inter vivos requires a prior
will
iii. Partition inter vivos void where will
void
iv. Partition of estate in will valid
v. Partition of inherited property need not
be in a public document
vi. Oral partition valid; non-registration of
extrajudicial settlement does not affect
its validity

 PARTITION BY THIRD PERSON OR

MANDATORY
 PARTITION PRESUMED FROM ACTS
INTENDED TO DIVIDE ESTATE
 Sale deemed to be a partition
 TESTATOR EMPOWERED TO FORBID
PARTITION FOR 20 YEARS; EXCEPTIONS
 INSTITUTION OF VOLUNTARY HEIRS WITH
SUSPENSIVE CONDITION
 EQUALITY OF PARTITION AMONG CO-
HEIRS
 CONSTRUCTIVE PARTITION THROUGH
PAYMENT OF CO-HEIRS OR PUBLIC SALE
 MUTUAL ACCOUNTING TO BE RENDERED
BY CO-HEIRS
 LEGAL REDEMPTION IN FAVOR OF CO-
HEIRS
 DELIVERY OF TITLES TO CO-HEIRS
 EFFECTS OF PARTITION
 OBLIGATION OF MUTUAL WARRANTY BY
CO-HEIRS
 RULE AS TO THE PROPORTIONAL
LIABILITY OF CO-HEIRS ON WARRANTY
 10-YEAR PRESCRIPTIVE PERIOD FOR
 ENFORCEMENT OF WARRANTIES
 CREDIT ASSIGNED TO CO-HEIR IN
PARTITION; WARRANTY OF DEBTOR’S
SOLVENCY
 INSTANCES WHEN THERE IS NO MUTUAL
WARRANTY
 RESCISSION AND NULLITY OF PARTITION
 RESCISSION OF PARTITION DUE TO LESION
 PARTITION MADE BY TESTATOR HIMSELF
NOT SUBJECT OF RESCISSION
 ACTION FOR RESCISSION DUE TO LESION;
PRESCRIPTIVE PERIOD
 DEFENDANT’S OPTIONS; FORMS OF
INDEMNITY
 HEIR WHO ALIENATED SHARE CANNOT
SUE FOR RESCISSION DUE TO LESION
 INCOMPLETENESS OF PARTITION NOT A
GROUND FOR RESCISSION
 EFFECT OF PRETERITION OF COMPULSORY
HEIR IN PARTITION
 EFFECT OF INCLUSION OF NON-HEIR IN
PARTITION
CLASS Class attendance
REQUIREMENTS/ Recitations
ACTIVITY/IES Periodical Examinations
Required Numbers of 54 HOURS
hours
Relevant 1. Civil Code of the Philippines
material/s/reference/s [From Article 774 to Article 1105]
2. Jurisprudential Rulings
Prepared by: ATTY. CHARLIE R. ROMANO, JR.