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    Notes And Cases On SUCCESSION

    Based on Lectures given by:

    Prof. Ruben Baane and Prof. Aracei Baviera

    Co!"ied and Edited by Rode A. #oina

    IN$RO%UC$ION

    Conce"t.&& Succession is the last mode of acquiring ownership. It is an independent mode of

    acquiring ownership.

    Re'uisites of Succession:

    (1) Death of the predecessor;

    (2) Existence and capacit of the successor;

    (!) "ro#ision of the law or pro#ision of a will granting the right of succession;

    ($) %cceptance & the successor.

    (: Is tradition )deivery* re'uired for o+ners,i" to transfer-

    %' o. wnership is transferred & succession* not & an other mode.

    Ety!oogy.&& Succession is deri#ed from 2 +atin words' sub* meaning under (e.g.* an underling*

    a su&ordinate* if a plane tra#els at a su&sonic speed or fl &elow opposite,, su&sonic) and cedere*meaning to gi#e* to pass.

    Succession* therefore* is a passing under. It gi#es the idea of the nature of succession as

    originated from -oman +aw. h do the -omans call it a passing under/ 0ec. of the fiction in

    -oman +aw that a personalit occupies a space* that is* a legal personalit is permanent. %permanent fixture &ut the occupant will go awa. %nd it is the successor who will occup the

    space ou left #acant. here is alwas what ou callpersonalitas. Sound through li3e a pla*

    where ou wear a mas3* and the one &ehind the curtain is sounding through. that is* some&od is

    reall tal3ing &ehind ou. his* & analog is* succession.

    Persona means ou* the character. Personalitaor personalit w4c is alwas there* and

    there is or there will alwas &e an occupant* who comes and goes; it ma change the character*

    the person passes under. hat is &ehind all this/ "ersonalit ne#er dies. e are &ut dust and

    shadows &ased on the realit of death.

    h do we ha#e to de#ise this fiction/ h the law on succession/ he +aw on

    succession has #arious underpinnings in -oman +aw* that is* first* the #ague idea of after life*li3e the ideas of 5orace ,, state of good in the Elipian fields; second* that the law de#elops &ased

    on conditions of societ. ne of the most &asic desire of man is the desire for immortalit.

    5ow* hen* o hom* In hat proportion are the transmitted ,, Succession.

    0%SIS 6 5E +% S788ESSI'

    1. Succession pro#ides the #ehicle for satisfing our earning and longing for immortalit. It

    satisfies or consoles ourself that something in ou li#es fore#er and this is our personalit.

    thers usuall lea#e something li3e paintings* &oo3 of poems* statue so that the will &e

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    Notes and Cases on SUCCESSION8ompiled and Edited & -%9

    remem&ered fore#er* e.g.* 5orace & Sha3espeare.

    2. 8oncept of pater familias. Diligence of pater familias. Pater familias means head of the

    famil. he &asic unit of -oman societ. It is he who managed and exercised authorit o#er his

    children* a&solute control o#er his wife. In -oman law* a man:s wife is his child. It is he who isthe guardian of the famil gods. It is a position that must &e occupied e#er time. It is

    unthin3a&le to &e otherwise. nce he dies* it is a&solutel necessar not onl in religion that heis to &e replaced immediatel. his is indispensa&le.

    hese underpinnings are gone now. oda* succession is nothing &ut a mode of acquiring

    ownership. h/ 0ecause ou do not ha#e the fiction to ha#e succession* &ec. of the spread of

    8hristianit w4c too3 the place of those earnings that it is &elie#ing in od and life after death.

    o more earnings for immortalit* unless ou do not &elie#e in the teachings of 8hristianit.

    %lso* the concept ofpater familiasis no longer applica&le &ec. of parental authorit w4c

    restricted the authorit of the head of the famil. e no longer ha#e sla#es* a&solute control

    o#er children* etc.

    0ut old &eliefs do not die easil. Some pro#isions of the law on succession are

    influenced & these underpinnings. +i3e* heirs are the continuation of the personalit of the

    decedent. %nother is' when a condition is imposed upon the su&stitute* does the su&stitute ha#eto fulfill the condition/ %ll of these are residual elements of -oman +aw.

    %efinition of Succession.&& Succession in a

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    1. mortis causa-- ta3es place & #irtue of death

    2. inter vivos-- ta3es place independentl of death during the lifetime of the parties (now

    called Donation inter vivos.)

    0. Extent of rights in#ol#ed'1. Universal,, this is #er catch, it in#ol#es the entire estate or fractional or aliquot or

    undi#ided part of the estate* e.g.* I gi#e ou 142 of m estate.2. Particular/ partial.,, succession to specific items

    a. legac,, specific personal prop.* e.g.* I gi#e ou m car

    &. de#ise,, specific real prop.* e.g.* I gi#e to m fishpond in +aguna.

    8. %s to cause'

    1. Compulsory.,, that effected & operation of law to forced heirs e#en if not in a will;

    succession to the reser#ed portion4 legitime

    2. Testamentary.--& will

    !. Intestate or legal.-- succession in default of a will; su&ordinate to testamentar

    succession

    $. Mixed.,, com&ination of the a&o#e.

    >. Contractual.,, E.g.* donationpropter nuptias & one to another of future prop. w4cta3es effect after death. h contractual/ 0ec. of the transfer of prop. is not & #irtue of a will

    &ut & contract. So it is go#erned & the law on contracts. 5ence* it must &e go#erned & the

    Statute of 6rauds. It must &e in writing to &e enforcea&le.

    D. %s to parties to succession'

    1. Decedent* transferor* causante, acutor, de cuius

    2. Successor* transferee* causa abiente

    E. %s to terms'

    1. estator.,, decedent left a will

    2. Intestate.,, decedent did not lea#e a will

    !. 5eir.,, one who succeeds & uni#ersal title or to a share of the estate$. De#isee.,, one who succeeds & particular title to real prop.

    >. +egatee.,, one who succeeds to a specific personal prop.

    Ee!ents of Succession )#anresa.*:

    1. 8hange of su&

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    $. he famil can not &e entirel depri#ed of the estate &ec. of the sstem of legitime.

    >. ithin the famil* heirs of equal degree4 proximit inherit in equal shares.

    "resumption of equalit. his is onl the general rule. here are exceptions.

    ?. he State has a share in the inheritance through taxes.

    @. he heirs are not lia&le for the de&ts of the estate &eond their share in the inheritance.Estate is lia&le for the de&ts left & the decedent. De&ts are to &e deducted &efore the heirs can

    get their shares. "rocedure' 8ollect all assets* deduct de&ts* then partition the shares. 7p to whatextent/ 7p to all its assets. If the estate is Aero &alance* the heirs get nothing.

    7nder the modern ci#il law* if the decedent left more de&ts than assets* it will not change or

    affect our status anwa* &ut not w4 the decedent:s creditors,, the ha#e to &eware,, caveat

    creditor.

    Basis of t,e La+ on Succession.&& Some sa it is the law on propert w4c seems to &e the &asic

    attitude of the 8ode. thers sa succession is a law on persons &ec. of the compulsor heirs.

    5ow can ou explain that/ Is there some lin3 &et. the law on succession and propert/ here is.

    8astan said that law on succession is &oth law on persons and propert. 5owe#er* in a pure

    testamentar succession* the law on persons do not come to pla. Sa* a will gi#ing 7" a

    propert. his is more on the law of propert. his is the ecclectic theor of 8astan.

    #a3or C,anges in t,e Ne+ Civi Code on Succession:

    1. %llowance of holographic wills (%rt. B1C.) It gi#es greater freedom to the decedent tochoose in what form he can dispose & will his estate. 5olographic will is not a no#elt &ut a

    re#i#al. his was allowed in the Spanish times &ut was a&rogated during the %merican regime.

    It was onl restored under the 88.

    2. Impro#ement in the successional position of the sur#i#ing spouse. 7nder the 88*

    the sur#i#ing spouse had a right of usufruct onl. 7nder the 88* the sur#i#ing spouse is gi#en

    full ownership and is a compulsor heir. he share is #aria&le that it is so &ewildering.

    !. %&olition of the right of me!ora or &etterment (the right of the parent to gi#e a child

    more than the other.) his is &asicall a portion of the legitime* 14!. 6reedom is gi#en to thetestator as to who among his children he will gi#e the 14!. his sstem was ne#er utiliAed &ec. it

    was ne#er understood & the people.

    $. %&olition of the reservas and reversiones. he 88 restored reserva troncal,

    reversion adoptiva (under "D ?C!.)

    >. ranting successional rights to4 for spurious children,, illegitimate other than natural.

    his is one of the re#olutionar changes in the 88. 7nder the 88 onl legitimate childrenha#e successional rights. 88 li&eraliAed it & granting successional rights to spurious children.

    ?. reater facilit in the pro&ate of wills. h/ 0ec. of the allowance ofante mortem

    pro&ate* that is* during the lifetime of the testator. ow* pro&ate ma &e post-mortemor ante

    mortem.@. he application of the prohi&ition outlined in %rt. @! to succession. this is & #irtue

    of %rt. 1C!B. %rt. @! pro#ides that'

    Artice 456. $,e foo+ing donations s,a be void:

    )7* $,ose !ade bet+een "ersons +,o +ere guity of adutery or

    concubinage at t,e ti!e of t,e donation8

    )9* $,ose !ade bet+een "ersons found guity of t,e sa!e cri!ina offense

    in consideration t,ereof8

    )5* $,ose !ade to a "ubic officer or ,is +ife descendants and ascendants

    by reason of ,is office.

    "%E $

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    Notes and Cases on SUCCESSION8ompiled and Edited & -%9

    In t,e case referred to in No. 7 t,e action for decaration of nuity !ay be

    broug,t by t,e s"ouse of t,e donor or donee8 and t,e guit of t,e donor and donee

    !ay be "roved by "re"onderance of evidence in t,e sa!e action.

    B. Increase of the free portion,, corollar to the a&olition of the me!ora

    . +imitation of the fideicommisar su&stitution to one degree (&efore* two degrees)

    1C. Intestate succession is narrowed from sixth degree to fifth degree.11. %&olition of the institution underpupilar and e!emplar (su&stitution.)

    12. %llowance of lifetime pro&ate.

    Areas in Succession Affected by t,e A!erican Code:

    1. -ules in interpretation.,, %rts. @BB,@2

    2. -ules on formal requirements of a will.,, %rts. BC$,BC

    !. -ules go#erning witnesses to wills.,, %rts. B2C,B2$

    $. -ules on repu&lication and re#i#al of wills.,, %rts. B!>,B!?>. -ules on re#ocation.,, %rts. B2,B!1

    ?. -ules on allowance and disallowance of wills.,, %rts. B!B,B!

    @. -ules on estamentar capacit.

    8hapter 1

    ;ENERAL PRO

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    of what the recei#ed

    6or o&ligations' E.g.* lessee,lessor,, o&ligation to 3eep the lessee in the peaceful

    possession is transmitted to the heirs.

    . Pro"erty and Rig,ts& "assed on to the decedent:s successors

    @. Obigations:a. #onetary.&& eneral rule' he estate pas for them &efore the estate is partitioned

    Exception' %l#areA case. "redecessor fraudulentl disposed of the prop. during

    litigation. S8 held that heirs cannot escape lia&ilit for their father:s transactions w4c ga#e wa to

    this claim for damages. E#en though the did not inherit the prop.* the monetar equi#alent

    thereof was de#ol#ed into the mass of the estate w4c the heirs inherited. 5ereditar estates are

    alwas lia&le in their totalit for the paments of the de&ts of the estate. hate#er pament made

    & the estate is ultimatel a pament & the heirs &ec. these paments decrease their inheritance.

    b. Non&!onetary.&& ransmitted to the heirs.

    Art. 44. In t,is $ite decedent is t,e genera ter! a""ied to t,e "erson +,ose"ro"erty is trans!itted t,roug, succession +,et,er or not ,e eft a +i. If ,e eft a +i ,e

    is caed t,e testator.

    0alane' E#er testator is a decedent &ut not all decedents are testators. 7nder the %merican

    sstem* a decedent who did not lea#e a will is called intestate. 0ut this is not true in the "hils.

    Art. 44@. $,e in,eritance incudes a t,e "ro"erty rig,ts and obigations of a

    "erson +,ic, are not e>tinguis,ed by ,is deat,.

    0alane' ransmissi&le propert* rights and o&ligations constitute inheritance.

    ;uideines on +,et,er rig,ts? obigations are e>tinguis,ed by deat,:

    1. "ropert* rights and o&ligations which are purel personal are extinguished & the

    death of the decedent. he are not part of the inheritance* e.g.* mem&ership in the &ar or right of

    consortium w4 our wife.2. hose w4c are purel patrimonial. eneral rule' he form part of the inheritance*

    e.g.* credits.

    Exception' 9one de&ts.,, o&ligation to pa is not transmissi&le* although purel

    patrimonial &ec. the estate pas for it.!. hose o&ligations transmitted to the heirs w4c are not monetar* e.g.* o&ligation of a

    lessor,, patrimonial. 0 leased to 8 a parcel of land for a term of ! ears. %fter 2 ears* 0 died.he heirs of 0 are &ound & the lease contract.

    &ligation as lessee and &ailee are transmissi&le.

    Art. 444. $,e rig,ts to t,e succession are trans!itted fro! t,e !o!ent of t,e deat,

    of t,e decedent.

    0alane' 1. his article literall means that the decedent has the right to the succession which is

    "%E ?

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    transmitted upon his death. his is illogical &ec. the decedent does not ha#e rights to the

    succession. o impro#e the pro#ision* change the words succession to inheritance (the right

    to succeed is an inchoate right) and the #er& transmitted to &ecome #ested.

    9. 1our Ee!ents of Succession:

    1. Death2. ill or peration of law

    !. Existence and capacit of the successor

    $. %cceptance.

    !. his pro#ision is the heart and soul of succession. he most essential pro#ision of the law on

    succession.

    $. -ights to succession #est at the moment of death* not transmitted. he right should &e made

    effecti#e from the moment of death. his is so &ec. the rights to succession &efore death are mere

    inchoate. 0ut from the moment of death* those inchoate rights &ecome a&solute.

    -ights to succession are #ested from the moment of death* not upon the filing of petition

    for testate4 intestate proceedings* not upon the declaration of heirship or upon settlement of theestate.

    he rights to succession are automatic. radition or deli#er is not needed. 6iction of

    the law is that from the moment of the death of the decedent* the right passes to the heirs.

    During the lifetime of the predecessor* rights to succession are a mere expectanc.5ence* no contract can &e legall entered into regarding the expected inheritance. hen a heir

    recei#es his inheritance* he is deemed to ha#e recei#ed it at the point of death. this is so & legal

    fiction to a#oid confusion.

    >. 8%SES'

    7son #. Del -osario.,, 7pon the death of the hus&and &efore the 88* the rights of the

    wife to the inheritance were #ested. So the rights of the illegitimate children under the 88 to

    inherit can not pre

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    Notes and Cases on SUCCESSION8ompiled and Edited & -%9

    Art. 44. Succession !ay be:

    )7* $esta!entary8

    )9* Lega or Intestate8 or

    )5* #i>ed.

    0alane'1. estamentar (%rt. @@.),, designation of an heir in a will

    2. +egal or Intestate .,, w4o a will or the will is in#alid

    !. 9ixed (%rt. @BC.),, partl & will and partl & operation of law

    $. 8ompulsor.,, Succession to the legitime & a forced heir.

    Art. 446. $esta!entary succession is t,at +,ic, resuts fro! t,e designation of an

    ,eir !ade in a +i e>ecuted in t,e for! "rescribed by a+.

    0alane' 5eir includes de#isees and legatees.

    Art. 4D. #i>ed succession is t,at effected"arty by +i and "arty by o"eration of

    a+.

    Art. 47. $,e in,eritance of a "erson incudes not ony t,e "ro"erty and t,e

    trans!issibe rig,ts and obigations e>isting at t,e ti!e of ,is deat, but aso t,ose +,ic,

    ,ave accrued t,ereto since t,e o"ening of t,e succession.

    0alane' It is &etter to scrap %rt. @B1. It has no significance. E#en w4o it* those w4c accrue after

    death will still &elong to the heirs.

    E.g.* % has a son* F. % dies in 1BB. Inheritance is a mango plantation. In 1C* there isa crop. Is it part of the inheritance/

    1. %ccording to %rt. @B1* es. his is inconsistent w4 %rt @@@ &ec. succession occurs at

    the moment of death. %rt. @B1 implies a second succession.

    2. +egal concept.,, o. F owns it through accession and not succession. 6ruits are no

    longer part of the inheritance. It &elongs to the heir &ec. of ownership of the land he recei#ed at

    the moment of death. (%rt. @@@.)hose w4c ha#e accrued thereto after death do not comprise the inheritance &ut the

    accrue & #irtue of ownership (accretion.)

    Art. 49. An ,eir is a "erson caed to t,e succession eit,er by t,e "rovision of a +i

    or by o"eration of a+.%evisees and egatees are "ersons to +,o! gifts of rea and "ersona "ro"erty are

    res"ectivey given by virtue of a +i.

    0alane' he definitions gi#en in this article are not good. he definitions contained in the

    Spanish 8i#il 8ode were &etter. %n heir succeeds & uni#ersal title. De#isee or legatee succeeds

    & particular title.

    %ccording to 8astan* an heir is one who succeeds to the whole (uni#ersal) or aliquot part

    of the estate. De#isee or legatee is one who succeeds to definite* specific* and indi#idualiAed

    "%E B

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    Notes and Cases on SUCCESSION8ompiled and Edited & -%9

    properties.

    E.g.* I &equeathed 142 of m fishpond in "ampanga to %. Is the successor an heir* legatee

    or de#isee/ % de#isee* the prop. &eing a specific real prop.

    (: Is it i!"ortant to distinguis, bet. ,eir devisee and egatee-

    %' 0efore* es. he heir inherited e#en de&ts of the decedent* e#en if it exceed the #alue of the

    propert. De#isees or legatees were lia&le for de&ts of the decedent onl up to the extent of the#alue of the prop.

    ow* o. Except in one instance* in case of preterition in %rt. B>$. If read carefull*

    institution of heir is annulled while de#ise and legac are not* so long as there is no impairment of

    the legitime.

    Art. 49 is not a +oring definition.&& Someone who is a de#isee (succeeded & a particular

    title) can fit into the definition of an heir (succeeds to a fractional4 aliquot4 undi#ided part of the

    estate.) and #ice #ersa.

    "%E

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    C,a"ter 9

    $ES$A#EN$ARF SUCCESSION

    Section 7

    /ILLS

    Subsection 7

    /ILLS IN ;ENERAL

    Art. 45. A +i is an act +,ereby a "erson is "er!itted +it, t,e for!aities

    "rescribed by a+ to contro to a certain degree t,e dis"osition of ,is estate to tae effect

    after ,is deat,.

    0alane' %efinition of +i:1. "erson.,, refers onl to natural persons.

    2. "ermitted to control to a certain degree.,, wh certain degree/ 0ec. compulsor

    heirs cannot &e depri#ed of their legitimes. If there are no compulsor heirs* the power of the

    decedent to dispose of his estate is a&solute. If there are compulsor heirs* he onl has a limiteddegree to dispose. hat is wh the will can onl co#er the disposa&le portion of the estate (free

    portion.)

    !. 8omment' .

    a. %n act.,, is too general; &etter document &ec. a will must &e in writing

    &. %fter,, &etter upon.

    C,aracteristics of /is:

    1. "urel personal act. (%rts. @B$,@B@.),, non,delega personal participation of the

    testator is required.2. 6ree act.,, it means w4o fraud* #iolence* deceit* duress* or intimidation. It is

    #oluntar. o #itiated consent.!. Dispositi#e of propert.,, If it does not* it will &e useless. 0ut as far as the law is

    concerned* it can &e pro&ated &ut a useless expense. It is onl #alid as to form and nothing else.

    Exceptions'

    a. when a will recogniAes an illegitimate child

    &. when a will disinherits a compulsor heir

    c. when it appoints an executor

    $. Essentiall re#oca&le.,, ambulatory, it is not fixed* can &e ta3en &ac3 (while the

    "%E 1C

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    testator is ali#e.) here is no such thing as an irre#oca&le will. It onl &ecomes irre#oca&le upon

    death of the testator.

    >. 6ormall executed.,, If the form is defecti#e* it is #oid. It can not &e cured.

    ?. estamentar capacit of the testator.

    @. 7nilateral act.,, does not in#ol#e an exchange of #alues or depend on simultaneousoffer and acceptance.

    B. Mortis causa.,, ta3es effect upon the person:s death (%rt. @@@.). Statutor grant.,, granted onl & ci#il law. he law can also ta3e it awa. It is not a

    constitutional right &ut merel statutor. In -ussia* there are no wills* all intestac

    1C. "nimus Testandi.-- here must &e an intent to dispose mortis causa the propert of

    the testator. here must &e a real intent to ma3e a will or a disposition to ta3e effect upon death.

    Said intent must appear from the words of the will.

    9ontinola #. 8%* ! 8% -eports !@@.,, he -epu&lic contended that the phrase I here&

    lea#e ou (motherland)* parents* lo#ed ones... is a testamentar disposition in fa#or of the

    -epu&lic as an heir. 8% ruled that it was not. he phrase is a mere piece of poetr* there &eing

    no animus testandi. he lac3 of such intent might &e seen from the face of the document itself.

    11. Indi#idual.,, ne person alone. oint wills are prohi&ited under %rt. B1B.

    Gitug #. 8%.,, % couple executed a sur#i#orship agreement wherein their

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    Art. 4@. $,e testator !ay entrust to a t,ird "erson t,e distribution of s"ecific

    "ro"erty or su!s of !oney t,at ,e !ay eave in genera to s"ecified casses or causes and

    aso t,e designation of t,e "ersons institutions or estabis,!ents to +,ic, suc, "ro"erty or

    su!s of !oney are to be given or a""ied.

    0alane' %rt. @B? is an exception to %rts @B$ and @B>. It co#ers things that are part of the essenceof will ma3ing &ut allowed to &e delegated.

    E>a!"es of Pro,ibited %eegation:

    1. 8an not delegate the designation of the amount of prop.* e.g.* I here& set aside the sum HHHHH

    w4c m executor ma determine for the cause of mental health. he amount is not specified.

    2. 8an not delegate the determination of causes or classes to w4c a certain amount is to &e gi#en*

    e.g.* I here& set aside "19 for such worth causes as ou ma determine. his is not #alid &ec.

    the cause is not specific.

    0 wa of exception* there are 2 things w4c can &e delegated. he testator must specif,, (a) theamount of propert; (2) the cause of classes of propert,, &efore the delegation can ta3e effect.

    1. he designation of person or institution falling under the class specified & the testator.

    8hoosing the mem&ers of the class &ut is restricted & the class designation* e.g.* I here& setaside the sum of "19 for the de#elopment of %IDS research. 9 will choose w4c institution.

    his is allowed &ec. ou ha#e guided alread 9:s decision. 5owe#er* 9 cannot designate 9anila

    5otel.

    2. he manner of distri&ution or power of apportioning the amount of mone pre#iousl set aside

    or prop. specified & the testator* e.g.* I designate the following hospitals to get the share in m

    estate and appoint 9 to apportion the amount of "1C9. I set aside "2>C*CCC for the following

    institutions' 7"* "5* S-* in an amount as m executor ma determine.

    he a&o#e mentioned are exceptions to the rule that the ma3ing of a will are non,delega&le.

    Art. 44. $,e testator !ay not !ae a testa!entary dis"osition in suc, !anner

    t,at anot,er "erson ,as to deter!ine +,et,er or not it is to be o"erative.

    0alane' his pro#ision clarifies what is meant that a will is personal. his is in effect

    delegating the discretion to the disposition of the will.

    Artices 4& 469. Inter"retation of /is? Rues of Construction.

    Art. 4. If a testa!entary dis"osition ad!its of different inter"retations in case of

    doubt t,at inter"retation by +,ic, t,e dis"osition is to be o"erative s,a be "referred.

    0alane' %rt. @B is the rule on interpretation in order that the will ma &e #alid and not perish.

    -ationale' he State prefers testate to intestate. h/ 0ec. testamentar disposition is

    the express will of the decedent. Intestamentar is the presumed will of the decedent. his is

    mere speculation on what the decedent wanted.

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    Ut res mages valet #uam pereat.-- that the thing &e #alid than perish.

    E.g.* he word chic3 can ha#e 2 interpretations' (1) a girl in w4c case inoperati#e &ec. not w4in

    the commerce of man and (2) sisiw.,, operati#e. Interpret according to the second.

    Art. 46. /,en t,ere is an i!"erfect descri"tion or +,en no "erson or "ro"ertye>acty ans+ers t,e descri"tion !istaes and o!issions !ust be corrected if t,e error

    a""ears fro! t,e conte>t of t,e +i or fro! e>trinsic evidence e>cuding t,e ora

    decarations of t,e testator as to ,is intention8 and +,en an uncertainty arises u"on t,e face

    of t,e +i as to t,e a""ication of any of its "rovisions t,e testatorGs intention is to be

    ascertained fro! t,e +ords of t,e +i taing into consideration t,e circu!stances under

    +,ic, it +as !ade e>cuding suc, ora decarations.

    0alane'

    7. 2inds of A!biguity:

    a. "atent* apparent.,, that w4c appears in the face of the will* e.g.* I gi#e 142 of m

    estate to one of m &rothers. ho among the &rothers/ his is patentl am&iguous.

    &. +atent* hidden.,, perfectl unclear on its face. he am&iguit does not appear untilou appl the pro#isions of the will* e.g.* I gi#e to 9 the prop. intersecting 0uendia and ". de

    -oxas. he am&iguit is determined onl when the will is pro&ated. hat is* when it appears that

    I am the owner of all the $ corners of the lot. ow* w4c of those lots/

    9. Rue: 8larif am&iguit and &e guided & these' estac should &e preferred or upheld as far

    as practica&le. %n dou&t shall &e resol#ed in fa#or of testac.

    (: o+ +i you resove t,e a!biguity- /,at evidence do you ad!it-

    %' =ou can admit an 3ind of e#idence as long as rele#ant and admissi&le according to the -ules

    of 8ourt. his includes written declarations.

    Except' ral declarations of the testator. h/ 0ec. the cannot &e questioned & thedeceased. %lso* &ec. the are eas to fa&ricate.

    If inspite of e#idence ou still cannot cure am&iguit* then annul the will.

    If the am&iguit is patent* disregard the will. If latent* loo3 into the e#idences allowed &

    law.

    Art. 46D. $,e +ords of a +i are to be taen in t,eir ordinary and gra!!atica

    sense uness a cear intention to use t,e! in anot,er sense can be gat,ered and t,at ot,er

    can be ascertained.

    $ec,nica +ords in a +i are to be taen in t,eir tec,nica sense uness t,e conte>t

    ceary indicates a contrary intention or uness it satisfactoriy a""ears t,at t,e +i +as

    dra+n soey by t,e testator and t,at ,e +as unac'uainted +it, suc, tec,nica sense.

    Art. 469. $,e invaidity of one of severa dis"ositions contained in a +i does not

    resut in t,e invaidity of t,e ot,er dis"ositions uness it is to be "resu!ed t,at t,e testator

    +oud not ,ave !ade suc, ot,er dis"ositions if t,e first invaid dis"osition ,ad not been

    !ade.

    0alane' eneral rule' Se#era&ilit. % flaw does not affect the other pro#isions. Exception' If it

    was meant that the were to &e operati#e together as seen in the will.

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    Art. 465. Pro"erty ac'uired after t,e !aing of a +i s,a ony "ass t,ereby as if

    t,e testator ,ad "ossessed it at t,e ti!e of !aing t,e +i s,oud it e>"ressy a""ear by t,e

    +i t,at suc, +as ,is intention.

    0alane' his is a new pro#ision. It is &etter if this was not placed here. h/ 0ec. prop.acquired after the ma3ing of the will will not pass unless there is a clear intention or express

    pro#isions that the prop. will &e passed & the testator. E.g.* I gi#e as legac to 9 m cars. I

    onl had 2 cars when I executed the will. %fter w4c I acquired 1> more cars. hen I die* how

    man cars will she get/ 6ollowing %rt. @!* she will get onl 2 cars. he additional cars are not

    included.

    eneral rule' %fter acquired propert shall not pass.

    Exception' If the will pro#ides otherwise. If he said all m cars when I die* then 9

    gets all 1@ cars.

    899E' his is craA. %rt. @! is inconsistent w4 %rt. @@@. %t the time of the death* the

    succession will open. %s such* all cars should &e gi#en.

    0ut the law should &e applied as it is. o matter how inconsistent it is as pointed out &olentino. 6or as lawers* ou should ad#ise our clients to &e clear or clarif e#erthing to

    a#oid this am&iguit. ell our clients to specif as of the time of m death.

    he solution to this inconsistenc &et. the 2 articles is to repeal %rt. @!.

    Art. 46=. Every devise or egacy s,a convey a t,e interest +,ic, t,e testator

    coud devise or be'ueat, in t,e "ro"erty dis"osed of uness it ceary a""ears fro! t,e +i

    t,at ,e intended to convey a ess interest.

    0alane' eneral rule' +egac or de#ise will pass exactl the interest of the testator o#er the

    propert.Exception' 7nless it appears from the will that he is gi#ing less.

    E.g.* sa ou own a parcel of land. nl the ownership of the land can &e gi#en. If the

    testator is a usufructuar* he can onl &equeath his rights as usufructuar* nothing more* nothing

    less.

    8an ou gi#e &igger/ =es. %rt. 2 sas so. nl good if the other co,owner is willingto sell.

    ' 0* and are co,owners. 0 ga#e to % the land the owned in common* that is the entire land

    and full ownership o#er it gi#ing more than what he owns. Is this allowed/%' =es. he remed is to &u the shares of and &ut he can not compel them to &u his share*

    there &eing no redemption of the whole land or gi#e to % the #alue of 0:s share* if and are notwilling to sell their shares.

    he testator ma gi#e a lesser interest* e.g.* I gi#e the usufruct of m land to F. hat

    results/ 7sufruct to F* ownership of the land goes & intestac.

    Art. 46. $,e vaidity of a +i as to its for! de"ends u"on t,e observance of t,e

    a+ in force at t,e ti!e it is !ade.

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    0alane'

    7. 1or!a "ressy "ro,ibited by a+ !ay !ae a +i.

    0alane' eneral rule' %ll persons ha#e the testamentar capacit to ma3e a will. Exception'

    Incapacit* when expressl prohi&ited & law' (1) disqualified & reason of age (%rt. @@); (2)

    disqualified & reason of mental incompetence. (%rt. @B.)

    Art. 464. Persons of eit,er se> under eig,teen years of age cannot !ae a +i.

    0alane'

    (: o+ do you co!"ute t,e age-

    %' %ccording to the %dmin. 8ode* age is rec3oned according to the calendar month.

    Art. 46. In order to !ae a +i it is essentia t,at t,e testator be of sound !ind at

    t,e ti!e of its e>ecution.

    0alane' $oundness of mindis determined at the time of the execution of the will.

    Art. 466. $o be of sound !ind it is not necessary t,at t,e testator be in fu

    "ossession of a ,is reasoning facuties or t,at ,is !ind be +,oy unbroen uni!"aired

    or uns,attered by disease in3ury or ot,er cause.

    It s,a be sufficient if t,e testator +as abe at t,e ti!e of !aing t,e +i to no+

    t,e nature of t,e estate to be dis"osed of t,e "ro"er ob3ects of ,is bounty and t,e c,aracter

    of t,e testa!entary act.

    0alane'

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    7. Soundness of !ind.&& does not require that the testator &e in full possession of reasoning

    capacit or that it &e wholl un&ro3en* unimpaired or unshattered.

    9. It !eans reaiHation of or no+ing:

    a. he nature of his estate.,, Jnow what ou own. his does not mean that the testatorhas to 3now the description of his propert in detail. It is enough that he has more or less a fairl

    accurate idea what his properties are. his depends upon the circumstances. Sa -oc3efeller.he idea is less if ou owned more. the more a person owns* the more he is apt to forget what he

    has in detail. If ou thin3 ou own %ala &ridge and gi#es it as a de#ise* something is wrong w4

    ou.

    &. "roper o&

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    In these 2 cases* it is the proponent:s dut to offer e#idence to the contrar* i.e.* pro#e that

    the ma3ing of the said will was made & the testator during a lucid inter#al.

    0udicia %ecaration of Insanity Consists of:

    1. % guardian appointed & reason of insanit. (-ule !* -8.)2. If the insane was hospitaliAed & order of the court

    In either of these cases* there is a presumption of insanit. 0ut once the order is lifted* the

    presumption ceases.

    Effect' 1. -e&utta&le presumption of sanit is nullified or swept awa.

    2. here is a re&utta&le presumption of unsoundness of mind.

    Art. D7. Su"ervening inca"acity does not invaidate an effective +i nor is t,e +i

    of an inca"abe vaidated by t,e su"ervening of ca"acity.

    0alane' his article ma3es explicit what was mentioned in %rt. BCC. he requirement is that

    sanit should exist onl at the time of execution. Su&sequent insanit does not affect the #alidit

    of the will nor an in#alid will &e #alidated & the reco#er of the senses of the testator.

    Art. D9. A !arried +o!an !ay !ae a +i +it,out t,e consent of ,er ,usband

    and +it,out aut,ority of t,e court.

    Art. D5. A !arried +o!an !ay dis"ose by +i of a ,er se"arate "ro"erty as +e

    as ,er s,are of t,e con3uga "artners,i" or absoute co!!unity "ro"erty.

    Subsection 5.&& Forms of Wills

    0alane' 2inds of /is ao+ed under t,e NCC.&& (1) ordinary or notarial %ill w4c requires

    an attestation clause* an ac3nowledgement &efore a notar pu&lic; (2) olograpic %ill w4c must

    &e entirel written* dated and signed in the handwriting of the testator.

    (: o+ aboutNon-cupative/is-

    %' he are not allowed & the 88. his 3ind of will is an oral will made & the testator in

    contemplation of death. his is allowed among 9uslims onl.

    Co!!on Re'uire!ents for bot, inds of +is:1. It must &e in writing

    2. Executed in the language or dialect 3nown to the testator.

    ' hat 3ind of language/

    %' It must &e a language (a) spo3en & a su&stantial num&er of persons; (&) must ha#e &een

    reduced to writing and (c) fairl su&stanti#e &od of literature

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    ' hat is a dialect

    %' % dialect is a #ariation of tongue.

    Art. D=. Every +i !ust be in +riting and e>ecuted in a anguage or diaect no+n

    to t,e testator.

    0alane'

    Re'uire!ents:

    1. In writing &ut no specific form is required. It could &e in a mar&le glass or on a wall* so long

    as there was testamentar capacit.

    2. ritten in a language or dialect 3nown to the testator.

    SuroAa #. 5onrado.,, he issue here is whether the will* w4c was written in English is

    #alid. he S8 ruled that it is not. he testatrix does not 3now English* &eing an Igorot and an

    illiterate. iousl* the will is #oid* &ec. of non,compliance w4 %rt. BC$. In a will* can ou

    conclude that it is #oid where in the attestation clause* it was stated that the will was read and

    translated to 6ilipino/ he law does not require translation nor interpretation of the language to

    the testator &ut that he himself personall understands the said language.

    ' Is it necessar for a will to state that the testator 3new the language/

    %' o. Extrinsic4 testimonial e#idence ma pro#e this.

    ' Is direct e#idence alwas necessar to pro#e that the testator 3new the language/

    %' o. Sometimes* circumstantial e#idence is sufficient. E.g.* a person w4 a college degree does

    a will in English. Is it not enough that he studied ! le#els to pro#e that he understands English.

    Artices D to D6.&& S"ecia Re'uire!ents for Attested /is.

    Art. D. Every +i ot,er t,an a ,oogra",ic +i !ust be subscribed at t,e end

    t,ereof by t,e testator ,i!sef or by t,e testatorGs na!e +ritten by so!e ot,er "erson in ,is

    "resence and by ,is e>"ress direction and attested and subscribed by t,ree or !ore

    credibe +itnesses in t,e "resence of t,e testator and of one anot,er.

    $,e testator or t,e "erson re'uested by ,i! to +rite ,is na!e and t,e instru!enta

    +itnesses of t,e +i s,a aso sign as aforesaid eac, and every "age t,ereof e>ce"t t,e

    ast on t,e eft !argin and a t,e "ages s,a be nu!bered correativey in etters "aced

    on t,e u""er "art of eac, "age.

    $,e attestation s,a state t,e nu!ber of "ages used u"on +,ic, t,e +i is +ritten

    and t,e fact t,at t,e testator signed t,e +i and every "age t,ereof or caused so!e ot,er

    "erson to +rite ,is na!e under ,is e>"ress direction in t,e "resence of t,e instru!enta

    +itnesses and t,at t,e atter +itnessed and signed t,e +i and a t,e "ages t,ereof in t,e"resence of t,e testator and of one anot,er.

    If t,e attestation cause is in a anguage not no+n to t,e +itnesses it s,a be

    inter"reted to t,e!.

    0alane'

    %. 6ourth "aragraph.,, Jnow the language

    1. 0od of the will.,, testator

    2. %ttestation clause

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    a. estator.,, o.

    &. witnesses.,, o. nl required to 3now the contents thereof.

    0. Discrepancies

    1. "ar. 1.,, o mention that the testator signs in the presence of witnesses and et par. !states this.

    2. "ar. 2.,, o statement that the testator and the witnesses must sign e#er page in oneanother:s presence and et that is required to &e stated in the attestation clause.

    !. "ar. !.,, In case of agent* all it requires is that the agent signed & his direction and

    not in his presence* &ut that is required in par. 1.

    8. -equisites for an ordinar attested will (notariAed will.).,, "urpose of requisites'

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    witnesses.

    &. %ttestation Su&scri&ing

    ,,#isual act ,, manual act

    ,,witness ,, sign

    he three witnesses must do &oth attesting and su&scri&ing.

    c. here must witnesses sign/ his is not clear.

    a&oada #. -osal.,, In this case* the witnesses signed at the left hand margin. "etitioner

    contended that the should ha#e singed at the same place where the testator signed* that is* at the

    &ottom of the end of the will. he S8 was li&eral. he purpose of signing at the end is to pre#ent

    interpolation. he o&ce"t t,e ast on t,e eft !argin.

    his is the same as num&er !.itnesses ma sign anwhere as long as the sign

    Icasiano #. Icasiano.,, In the will su&mitted for pro&ate* one page was not signed & one

    of the witnesses. Such failure to sign was due to inad#ertence since in the cop* all pages were

    signed. he S8 held that this was not a fatal defect. 8onsidering the circumstances* the fact that

    the other requirement was complied with* and the notarial seal coincided w4 the third page during

    the sealing* then the will could &e pro&ated. 7nusual circumstances w4c existed in the case'

    (1) there was another cop

    (2) inad#ertence4 o#ersight

    (!) &ecause of the notarial seal.

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    he presence of these facts led the S8 to allow the will.

    he general rule* howe#er* is that* the failure to sign an page is a fatal defect.

    . A "ages !ust be nu!bered in etters on t,e u""er "art of t,e "age.

    a. 9andator.,, there must &e a method & w4c the sequence of the pages can &e 3nown;to pre#ent an insertion or ta3ing out of a page.

    &. Director

    (i) 9anner it is num&ered, letters* num&ers* %ra&ic* roman numerals* etc.; an

    con#entional sequence of sm&ols is allowed

    (ii) 7pper part

    @. Attestation Cause.

    a. hree things that must &e stated'

    (i) the num&er of pages in the will

    (ii) the fact that the testator or his agent signed the will in e#er page thereof in

    the presence of the instrumental witnesses(iii) that the instrumental witnesses witnessed and signed the will and all the

    pages thereof in the presence of the testator and one another.

    &. %ttestation clause is not a part of the will proper &ec. if contains no dispositions. It ismerel essential for the formal requirements of a #alid will. It is a statement of the witnesses.

    c. here must witnesses sign/ %t the &ottom in order to pre#ent additions.

    8agro #. 8agro.,, In the case* the page where the attestation clause appears was signed

    & the witnesses on the side and not after the attestation clause. he S8 held that this was a fatal

    defect. he logic is that if there had &een no signature at the &ottom &ut on the sides* there will

    &e ample room for fraud* that is* to add in the attestation clause upon the death of the decedent anessential matter w4c was not there in the first place to #alidate it.;

    d. 9ust the language of the will &e understood or 3nown & the witnesses/ o. %fter

    all* witnesses need not 3now the contents of the will.

    ' Is it required that the witnesses 3new the language of the attestation clause'%' o. So long as it has &een interpreted to them.

    ' 9ust the testator 3now the language of the attestation clause/

    %' o. hat is required of the testator is to 3now the language of the will. %n expressrequirement of %rt. BC$.

    -eason for the a&o#e rules' In order to minimiAe fraud. he #er purpose of %rt. BC$

    and BC>. he law encourages not discourages will ma3ing. "recisel &ec. it wanted to encourage

    wills. It sets up safeguards to protect the will.

    e. 9ust the testator sign the attestation clause/ o.

    %&angan #. %&angan.,, his case concerns a will that has onl 2 pages. he first page

    contained the dispositions and was signed & the testator and the witnesses at the &ottom. he

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    second page contained the attestation clause onl and was signed & the witnesses at the &ottom.

    6rom the case* we can learn 2 things' he first concerns the first page. Since it was signed & the

    testator and the witnesses at the &ottom* then there is no need for them to sign at the left margin.

    he second concerns the second page. Since it was alread signed & the witnesses at the &ottom

    of the attestation clause* then there is no need for them to sign on the margin.

    ' 9ust an attested will &e dated/%' o. +ac3 of date does not annul an attested will. 0ut a holographic will must &e dated. (%rt.

    B1C.)

    4. NotariHation.&& % will is a pu&lic instrument that is wh it must notariAed.

    Art. D@. Every +i !ust be acno+edged before a notary "ubic by t,e testator

    and t,e +itnesses. $,e notary "ubic s,a not be re'uired to retain a co"y of t,e +i or fie

    anot,er +it, t,e office of t,e Cer of Court.

    0alane'

    1. 8ruA #. Gillasor.,, his case in#ol#es a will wherein the notar pu&lic was also one of the

    three instrumental witnesses. Did the will compl w4 the requirement of ! witnesses/ o. heS8 ga#e 2 reasons' (1) he notar pu&lic can not &e an oath witness and at the same time an

    oath ta3er. It is impossi&le for him to ac3nowledge &efore himself; (2) the aim of the notar

    pu&lic to insure the trustworthiness of the instrument would &e lost &ec. he will tr to insure the

    #alidit of his own act.

    eneral rule' he notar pu&lic cannot &e a witness.

    Exception' hen there are more than ! witnesses. In such a case* the requisite of !

    witnesses is achie#ed.

    2. a&ucan #. 9anta.,, In the case* the notarial ac3nowledgement of the will lac3ed a

    documentar stamp. %s such the

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    2' Is there an particular order of signing/

    %2' (a) o. %s long as the signing is done on one occasion or one continuing

    transaction.

    (&) =es. If the signing is not done on one occasion or transaction. In such a

    case* there is nothing that the witness is attesting to.

    Artices D4 and D are s"ecia additiona re'uire!ents +,ic, are !andatory.

    Art. D4. If t,e testator be deaf or a deaf&!ute ,e !ust "ersonay read t,e +i if

    abe to do so8 ot,er+ise ,e s,a designate t+o "ersons to read it and co!!unicate to ,i!

    in so!e "racticabe !anner t,e contents t,ereof.

    0alane' his pro#ision lists down a special requirement if a notarial will is executed & a deaf,

    mute testator.

    1. here are two cases contemplated' (1) If the testator can read* then he must read the willpersonall; (2) If illiterate* then 2 persons must read the will and communicate to him the

    meaning of the will in some practica&le manner.

    2. he law is not clear if the 2 persons reading it to him would do it separatel or in consonance.

    !. hese additional requirements are mandator & perfect analog to the case of arcia #.

    GasqueA..

    Art. D. If t,e testator is bind t,e +i s,a be read to ,i! t+ice8 once by one of

    t,e subscribing +itnesses and again by t,e notary "ubic before +,o! t,e +i is

    acno+edged.

    0alane'

    1. If the testator is &lind* the will must &e read to him twice' (1) & one of the su&scri&ing

    witnesses; and (2) & the notar pu&lic* not necessaril in that order.

    2. a. Is the pro#ision mandator/ =es. If this is not followed* the will is #oid. (arcia #.GasqueA.)

    In the case* the will was read to the testator onl once. he S8 denied pro&ate of the will

    for failing to compl w4 the requirements of %rt. BCB. Such failure is a formal defect.

    &. 8an this &e presumed/ o.

    c. 8an this &e pro#en to ha#e &een complied w4 & competent e#idence/ =es. In thea&sence of w4c the will is #oid. Such fact or reading must &e pro#en & e#idence during the

    pro&ate proceedings.

    !. "urpose' he reading is mandator for the purpose of ma3ing 3nown to the testator the

    pro#ision of the will so that he ma o&

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    "ressure and infuence defects and i!"erfections in t,e for! of attestation or in t,e

    anguage used t,erein s,a not render t,e +i invaid if it is "roved t,at t,e +i +as in fact

    e>ecuted and attested in substantia co!"iance +it, a t,e re'uire!ents of artice D.

    0alane' his is a li&eraliAation rule* an attempt to li&eraliAe %rticles BC$ to BCB. Su&stantialcompliance w4 %rticles BC> and BC? will #alidate the will despite some defects in the attestation

    clause.+oo3ing at %rt. BC* ou get the impression of utmost li&eraliAation. e can not

    determine how li&eral we can &e or can we go. his article does not gi#e a clear rule. 0+ -ees

    and olentino suggest that ou ma3e a distinction.

    uide' If the defect is something that can &e remedied & the #isual examination of the

    will itself* li&eraliAe. If not* then ou ha#e to &e strict.

    Illustration' If in an attestation clause* the num&er of pages used was not stated* then ou can

    li&eraliAe &ec. & examining the will itself* ou can detect the defect. his is &ec. the pagination

    of statement in the attestation clause is merel a dou&le chec3.

    If the attestation clause failed to state that the testator signed in the presence of

    witnesses* and this can not &e remedied & #isual examination of the will* then ou need to &e

    strict.Suggested amendment of the law' If such defect and imperfections can &e supplied &

    examination of the will itself and it is pro#ed.

    Artices 7D to 7=.&& Provisions on Holographic Wills.

    Art. 7D. A "erson !ay e>ecute a ,oogra",ic +i +,ic, !ust be entirey +ritten

    dated and signed by t,e ,and of t,e testator ,i!sef. It is sub3ect to no ot,er for! and !ay

    be !ade in or out of t,e P,ii""ines and need not be +itnessed.

    0alane'

    %. %d#antages'1. 8heaper* simple* easier to re#ise* no notar pu&lic needed

    2. %&solute secrec is guaranteed, onl ou* the father and the mem&ers of the famil

    will 3now its contents.

    Disad#antages'

    1. "recisel &ec. it guarantees secrec and is simpler* it is also easier to falsif,, lesspeople ou need to collude w4,, onl ourself* &ut in attested will* ou need at least four ($) other

    people.

    2. It ma not express testator:s wishes due to fault expression

    !. o protection against causes #itiating consent &ec. there are no witnesses,, danger ishigher.

    $. Does not re#eal testamentar capacit of testator due to lac3 of witnesses>. Easier to conceal than an attested will.,, ou can allege that no will was made

    ?. enerall* danger of am&iguit is greater than in attested wills.,, &ec. testator is not a

    lawer* he ma not understand technical and legal words. In attested will* the testator is assisted

    & a lawer.

    0+ -ees opines that the disad#antages outweigh the ad#antages. 5e suggested a

    middle ground* a mstic will (testamento cerrado.) It is not as strict as a notarial will* &ut not as

    fraught w4 ris3s as a holographic will. his 3ind of will is sealed in an en#elope and &rought to

    "%E 2>

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    Art. 77. In t,e "robate of a ,oogra",ic +i it s,a be necessary t,at at east one

    +itness +,o no+s t,e ,and+riting and signature of t,e testator e>"icity decare t,at t,e

    +i and t,e signature are in t,e ,and+riting of t,e testator. If t,e +i is contested at east

    t,ree of suc, +itnesses s,a be re'uired.

    In t,e absence of any co!"etent +itness referred to in t,e "receding "aragra",and if t,e court dee! it necessary e>"ert testi!ony !ay be resorted to.

    0alane'

    Re'uire!ents in t,e Probate of oogra",ic /is:

    1. Documentar -equirement

    a. eneral rule' he will itself must &e presented

    an #. =ap.,, In the case* the proponent of the supposed will sought to esta&lish its

    contents through extrinsic e#idence. he S8 denied such attempt to pro&ate a holographic will

    that was not presented &efore the court. he S8 said that the actual will should &e presented to

    the court. he reason is that the will itself is the onl material proof of authenticit. 5ow canthe oppose the will if the will is not there/

    E.g.* =ou are presented in the pro&ate court the &lood test papers of % in 8i#il +aw*

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    was not signed. he effect is as if the cancellation was not done. If the testator wants to change

    his mind* he should reflect it in the proper wa.

    (: o+ do +e !ae a c,ange in a notaria +i-

    %' here is no pro#ision of law dealing on this. he ordinar rules of e#idence will appl. opro#e change* the testator should affix either his signature or initials. he &est wa* howe#er* is

    to ha#e the testator and notar pu&lic sign.

    Artices 7 to 74.&& Las hich govern formal e!ecution

    according to the place of e!ecution.

    Art. 7. /,en a 1ii"ino is in a foreign country ,e is aut,oriHed to !ae a +i in

    any of t,e for!s estabis,ed by t,e a+ of t,e country in +,ic, ,e !ay be. Suc, +i !ay

    be "robated in t,e P,ii""ines.

    Art. 7@. $,e +i of an aien +,o is abroad "roduces effect in t,e P,ii""ines if

    !ade +it, t,e for!aities "rescribed by t,e a+ of t,e "ace in +,ic, ,e resides oraccording to t,e for!aities observed in ,is country or in confor!ity +it, t,ose +,ic, t,is

    Code "rescribes.

    Art. 74. A +i !ade in t,e P,ii""ines by a citiHen or sub3ect of anot,er country

    +,ic, is e>ecuted in accordance +it, t,e a+ of t,e country of +,ic, ,e is a citiHen or

    sub3ect and +,ic, !ig,t be "roved and ao+ed by t,e a+ of ,is o+n country s,a ,ave

    t,e sa!e effect as if e>ecuted according to t,e a+s of t,e P,ii""ines.

    0alane'

    1. 6our com&inations as to situation'a. 6ilipino ma3es a will here

    &. 6ilipino ma3es a will a&road.

    c. 6oreigner ma3es a will here.

    d. 6oreigner ma3es a will a&road.

    2. hat law go#erns the #alidit of will/a. Intrinsic.,, the national law of the testator

    &. ime.,, %t the time of death.

    c. "lace.,, the same for 6ilipinos and aliens. he same rule where#er ou ma3e our

    will. =ou ha#e fi#e (>) choices,, the law of1. he testator:s citiAenship

    2. estator:s domicile!. "lace of execution

    $. estator:s residence

    >. "hilippines.

    Example* an %rgentine citiAen* domiciled in 6rance* residing in 0elgium #isiting the "hils. In

    apan* he executed a will. 5e ma choose among the fi#e (>) places as to what law shall go#ern

    the formal requirements of his will.

    "%E 2

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    If -u&en executed a will in 9a3ati* he will ha#e to follow "hilippine law &ec. all the

    choices points to that onl.

    Art. 7. $+o or !ore "ersons cannot !ae a +i 3ointy or in t,e sa!e

    instru!ent eit,er for t,eir reci"roca benefit or for t,e benefit of a t,ird "erson.

    0alane' 7. %efinitions.&& (a) % to B1@ that for 6ilipinos*

    as long as the will is #alid in the place of execution* then it is #alid in the "hils.

    2. 6ilipinos* whether here or a&road* cannot execute

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    Subsection =.&& Witnesses to Wills.

    Art. 9D. Any "erson of sound !ind and of t,e age of eig,teen years or !ore and

    not bind deaf or du!b and abe to read and +rite !ay be a +itness to t,e e>ecution of a

    +i !entioned in artice D of t,is Code.

    Art. 97. $,e foo+ing are dis'uaified fro! being +itnesses to a +i:

    )7* Any "erson not do!icied in t,e P,ii""ines8

    )9* $,ose +,o ,ave been convicted of fasification of a docu!ent "er3ury or fase

    testi!ony.

    0alane' %rticles B2C and B21 ma &e ta3en together. hese pro#isions are applica&le onl to

    attested wills and not to holographic wills.

    Si> (uaifications of /itnesses to /is or Re'uisites for Co!"etence to be a /itness:

    a. $ound Mind.-- %&ilit to comprehend what he is doing* same as soundness of mind

    for contracts.&. "t least )* yrs or over.-- 8omputed according to the calendar ear.

    c. +ot lind, deaf and mute/ dumb.-- his is important &ec. these are the three senses

    ou use for witnessing.

    d. "ble to read and %rite.,, +iterate. Some commentators sa thum& mar3 is notsufficient for witnesses; he has to affix his signature.

    e. e must be domiciled in te Pilippines.

    ' If a will is executed a&road in a place where there is no one domiciled in the "hils.

    although there are 6ilipino citiAens not domiciled in the "hils.* does domicile requirement still

    appl/

    %' here are two answers for all theor

    1. =es &ec. the law does not distinguish2. o* there is an implied qualification.,, he rule applies in wills executed in

    the "hils.

    o &e practical* there are two solutions'

    1. =ou ha#e > choices as to w4c law go#erns. 8hoose an.

    2. ust execute a holographic will.

    f. e must not ave been convicted of falsification of document, per!ury or false

    testimony.

    ' h not rape/%' 0ec. chastit has nothing to do w4 truthfulness. ruthfulness is the gauge.

    onAales #. 8%.,, In the case* the oppossitor of the pro&ate alleged that the will cannot

    &e pro&ated &ec. the proponent was not a&le to pro#e that the ! witnesses were credi&le. She

    claims that %rt. BC> requires that witnesses must &e credi&le as shown in the e#idence of record.

    Is the oppossitor correct/ o. 7nder the law* there is no mandator requirement that the

    proponent of the will pro#e the credi&ilit of the witnesses to the will. Such credi&ilit is

    presumed. 5owe#er* the oppossitor ma pro#e otherwise & presenting e#idence. he S8 also

    said that credi&ilit is determined & the manner the witness testifies in court. In other words*

    "%E !1

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    Art. 9. A codici is a su""e!ent or addition to a +i !ade after t,e e>ecution of

    a +i and anne>ed to be taen as a "art t,ereof by +,ic, any dis"osition !ade in t,e

    origina +i is e>"ained added to or atered.

    0alane'E.g.* In a will* I gi#e m car to %* ul 2* 1>. 0ec. I want to specif w4c of m cars* I ma3e

    a will stating In m will of ul 2* 1>* I ga#e a car to %. I want to clarif that I am gi#ing him

    m 09 w4 plate num&er .......

    ' hen is a su&sequent document a codicil and when is it another will/

    %' 1. It is a codicil when it explains* adds to* or alters a pro#ision in a prior will.

    2. It is another will if it ma3es an independent disposition.

    E.g.* une 1* 1>* I gi#e m car to %.

    ul 1* 1>* I gi#e m house to 0. his is a second will.

    6our uestions'

    1. If original will is attested* can ou ma3e an attested codicil/2. If original will is attested* can ou ma3e a holographic codicil/

    !. If original will is holographic* can ou ma3e a holographic codicil/

    $. If the original will is holographic* can ou ma3e an attested codicil/

    %' =es to all. he form of a codicil does not ha#e to conform to the form of the will. % will

    does not impose its form on the codicil. %s long as the codicil complies w4 the form of wills* it is

    #alid. (%rt. B2?.)

    Art. 9@. In order t,at a codici !ay be effective it s,a be e>ecuted as in t,e case

    of a +i.

    0alane' hether ou call the second document a will or a codicil does not reall matter. It is all

    theoretical. It is onl a matter of terminologies. he &oth require the formal requisites of a will.

    Art. 94. If a +i e>ecuted as re'uired by t,is Code incor"orates into itsef by

    reference any docu!ent or "a"er suc, docu!ent or "a"er s,a not be considered a "art of

    t,e +i uness t,e foo+ing re'uisites are "resent:

    )7* $,e docu!ent or "a"er referred to in t,e +i !ust be in e>istence at t,e ti!e of

    t,e e>ecution of t,e +i8

    )9* $,e +i !ust ceary describe and identify t,e sa!e stating a!ong ot,er t,ings

    t,e nu!ber of "ages t,ereof8)5* It !ust be identified by cear and satisfactory "roof as t,e docu!ent or "a"er

    referred to t,erein8 and

    )=* It !ust be signed by t,e testator and t,e +itnesses on eac, and every "age

    e>ce"t in case of vou!inous boos of account or inventories.

    0alane'

    ' hat do ou incorporate/

    %' enerall* the documents that clarif pro#isions in the will to w4c it is attached. E.g.*

    "%E !!

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    in#entories* s3etches* &oo3s of account

    ' 8an a document contain an testamentar disposition/ h/

    %' o. 0ec. the do not conform to the requirements of wills.

    Re'uisites for Incor"oration by Reference:

    1. Document must pre,exist the will. It must &e in existence when the will is made.

    2. he will must refer to the document* stating among other things the num&er of pages

    of the document.

    !. he document must &e identified during the pro&ate of the will as the document

    referred to in the will

    $. It must &e signed & the testator and the witnesses on each and e#er page* except in

    case of #oluminous &oo3s of accounts or in#entories.

    ' 8an a document &e incorporated in a holographic will considering that the attached document

    must &e signed & witnesses and that the holographic will has no witnesses/

    %' here are 2 #iews. (a) =es* witnesses referred to & law should &e ta3en to mean onl ifthere are witnesses to the will. here is no specification in the law.

    (&) o. he fourth requisite presupposes there were witnesses. It seems to co#er onl

    attested wills.

    Subsection @.#evocation of Wills and Testamentary $ispositions.

    Art. 9. A +i !ay be revoed by t,e testator at any ti!e before ,is deat,. Any

    +aiver or restriction of t,is rig,t is void.

    0alane' ne of the characteristics of a will is that it is am&ulator. It is not fixed* it is re#oca&le.

    -e#oca&ilit is an essential requisite of a will. So an wai#er or restriction of this right is #oid.here are no exceptions to this rule.

    ' 8an the testator ma3e a will irre#oca&le/

    %' o. %s long as he is ali#e* he can re#o3e will at pleasure. Distinguish this from a donation

    inter vivos w4c cannot &e re#o3ed at pleasure & the donor.

    Art. 96. A revocation done outside t,e P,ii""ines by a "erson +,o does not ,ave

    ,is do!icie in t,is country is vaid +,en it is done according to t,e a+ of t,e "ace +,ere

    t,e +i +as !ade or according to t,e a+ of t,e "ace in +,ic, t,e testator ,ad ,is do!icie

    at t,e ti!e8 and if t,e revocation taes "ace in t,is country +,en it is in accordance +it,t,e "rovisions of t,is Code.

    0alane' his article is incomplete. It does not co#er all situations.

    ' 5ow do ou re#o3e/ hat law go#erns re#ocation/

    %' It depends where the re#ocation is made'

    1. If done outside the "hils'

    a. If the testator is not domiciled in the "hils'

    "%E !$

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    (i) the law of the place where the will was made

    (ii) the law of the place where the testator was domiciled at the time of

    the re#ocation

    &. If the testator is domiciled in the "hils'(i) "hil. law &ec. his domicile is here.

    (ii) +aw of the place of re#ocation &ec. of %rt. 1@* 88

    2. If done inside the "hils.* follow "hil. law.

    Art. 5D. No +i s,a be revoed e>ce"t in t,e foo+ing cases:

    )7* By i!"ication of a+8 or

    )9* By so!e +i codici or ot,er +riting e>ecuted as "rovided in case of +is8 or

    )5* By burning tearing canceing or obiterating t,e +i +it, t,e intention of

    revoing it by t,e testator ,i!sef or by so!e ot,er "erson in ,is "resence and by ,is

    e>"ress direction. If burned torn canceed or obiterated by so!e ot,er "erson +it,out

    t,e e>"ress direction of t,e testator t,e +i !ay sti be estabis,ed and t,e estate

    distributed in accordance t,ere+it, if its contents and due e>ecution and t,e fact of itsunaut,oriHed destruction canceation or obiteration are estabis,ed according to t,e

    Rues of Court.

    0alane'

    $,ree /ays of Revoing a /i:

    7. By I!"ication of La+.

    a. %rt. 1C!2.,, 7nworthiness to succeed* e.g.* I instituted " as heiress* after which she

    3illed m parents. he will instituting her as heiress is re#o3ed & implication of law.

    &. %rt. >@.,, Deals w4 the de#ise or legac.,, transformation of the propert & thetestator* e.g.* If I con#erted to a su&di#ision the fishpond w4c I ga#e to as de#ise.

    c. %rt. 1C?.,, +egal separation. he guilt spouse* who ga#e the ground for legal

    separation* will not inherit and anthing gi#en to her is impliedl ta3en awa & law.

    d. %rt. B>$.,, Preteritionannuls the institution of heirs.

    9. By Subse'uent Instru!ent /i or Codici:

    a. -equisites'

    1. 8apacit to re#o3e.,, Insane persons can not re#o3e2. -e#o3ing instrument* will or codicil must &e #alid

    !. -e#o3ing instrument* will or codicil must contain either a re#o3ing clause(express) or &e incompati&le (implied)

    $. -e#o3ing will must &e pro&ated &ec. w4o pro&ating* it can not ha#e the effect

    of re#ocation.

    &. Such re#ocation ma either &e'

    1. Express.,, 8ontains an express re#ocator clause

    2. Implied.,, "ro#isions of su&sequent will are incompati&le with the pro#isions

    of the prior will. It ma either &e' (i) total when all the pro#isions are incompati (ii) partial

    "%E !>

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    ago #. 9amuac.,, here the will can not &e located at the time of the death of the

    testator &ut was shown to ha#e &een in the possession or control of the testator when last seen* the

    presumption is that in the a&sence of competent e#idence to the contrar* the will was cancelled

    or destroed & the testator. he rationale is that it is hard to pro#e the act of re#ocation of thetestator. he presumption is disputa&le.

    ' In the case* what if the will was not seen in the possession of the testator/ ill there&e the same presumption of re#ocation/

    %' he case does not sa so. 0ut & analog* es. he S8* howe#er* had not gone this

    far.

    Art. 57. Subse'uent +is +,ic, do not revoe t,e "revious ones in an e>"ress

    !anner annu ony suc, dis"ositions in t,e "rior +is as are inconsistent +it, or contrary

    to t,ose contained in t,e atter +is.

    0alane' his is included as an element in re#ocation & su&sequent instrument.

    Art. 59. A revocation !ade in a subse'uent +i s,a tae effect even if t,e ne+

    +i s,oud beco!e ino"erative by reason of t,e inca"acity of t,e ,eirs devisees or egatees

    designated t,erein or by t,eir renunciation.

    0alane' eneral -ule' Doctrine of %&solute -e#ocation.,, he re#ocation of a prior will &

    means of a su&sequent will is a&solute. Such re#ocation does not depend on'

    1. 8apacit of heirs* de#isees* and legatees in the 2nd will; or

    2. n their acceptance.

    he re#ocation will &e operati#e e#en the heirs* de#isees* or legatees named in the

    re#o3ing will are disqualified or the renounce.

    E.g.* ill 1.,, I gi#e m house and lot to %. (1>)ill 2.,, I gi#e m house to 0 and here& re#o3e m first will. (1@)

    Suppose* upon the testators:s death* 0 renounces or is incapacitated* what is the effect/

    he institution of % is still re#o3ed. 5ouse and lot will go & intestac. he first will not &e

    re#i#ed & the reason of the inoperation of the re#o3ing will due to its renunciation or the

    incapacit of heirs* de#isees* or legatees in it. he rationale is that the second will was #alid

    except that it was rendered inoperati#e.

    Exception' Doctrine of Dependent -elati#e -e#ocation.,, -e#ocation of the first will is

    made & the testator to &e dependent on the capacit and acceptance of the heirs* de#isees* and

    legatees of the su&sequent will. 5ow do ou 3now/ he testator said so in the will.E.g.* ill 1.,, I gi#e m car to %. (1>)

    ill 2.,, I gi#e m car to 0. Such legac is dependent upon the capacit andacceptance of 0. (1@)

    he institution of 0 is conditional.

    "rimar institution,, 0; Secondar institution,, %.

    Art. 55. A revocation of a +i based on a fase cause or an iega cause is nu and

    void.

    "%E !@

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    0alane' Is this article #iolati#e of the right to re#o3e* e#en without reason/ o. he testator

    need not ha#e a reason to re#o3e his will. 5e ma re#o3e it capriciousl or whimsicall at

    pleasure. 0ut if the re#ocation is due to mista3e or is &ased on some cause and such cause was

    later pro#en to &e false* then the re#ocation is #oid &ec. all transactions &ased on mista3e are

    #itiated* that is* ou are acting on a false cause of facts. he cause* howe#er* must &e stated inthe will. his shows respect for the freedom of the testator to re#o3e* that his real intent &e

    followed.E.g.* a. 0ased on fact (3ind of dependent relati#e re#ocation &ec. he would re#o3e

    onl if his information is true.),, I instituted 8 as m heir. +ater* I heard that it was 8 who 3illed

    m &rother in Da#ao. So* I re#o3ed m will. 0ut it turned out that 8 did not do it. -e#ocation

    therefore is #oid.

    &. 0ased on impression.,, I gi#e m car to 0 who is from 9anila. I re#o3e m

    designation of 0 &ec. I ha#e is deri#ed from %rgentine 8ode. If ou want to re#i#e a will w4c is #oid as to

    its form* ou must repu&lish the will and

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    Subsection .&& %lloance and $isalloance of Wills.

    Art. 5. No +i s,a "ass eit,er rea or "ersona "ro"erty uness it is "roved and

    ao+ed in accordance +it, t,e Rues of Court.

    $,e testator ,i!sef !a during ,is ifeti!e "etition t,e court ,aving 3urisdiction

    for t,e ao+ance of ,is +i. In suc, case t,e "ertinent "rovisions of t,e Rues of Court fort,e ao+ance of +is after t,e testatorGs deat, s,a govern.

    $,e Su"re!e Court s,a for!uate suc, additiona Rues of Court as !ay be

    necessary for t,e ao+ance of +is on "etition of t,e testator.

    Sub3ect to t,e rig,t of a""ea t,e ao+ance of t,e +i eit,er during t,e ifeti!e of

    t,e testator or after ,is deat, s,a be concusive as to its due e>ecution.

    0alane' "ro&ate is mandator.

    here are 2 3inds of pro&ate' (a) ante-mortemat the instance of the testator; (&) post,

    mortem at the instance of an interested part.

    Effect' It is su&

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    pro&ate is allowed* it &ecomes conclusi#e as to its extrinsic #alidit which pro#ides that'

    1. he testator was of sound mind when he executed the will.

    2. he testator was not acting under duress or fraud,, his consent was not #itiated

    !. he will was executed in accordance w4 the formalities required & law

    $. he will is genuine and not a forger

    ' hat if after the pro&ate court &ecomes final a person was charged w4 forger of the will* canhe can he &e con#icted/

    %' o* the pro&ate is conclusi#e as to the will:s genuineness e#en against the state.

    De la 8erna #. -e&eca,"otot.,, his case in#ol#es a et seq.2. Insanit.,, %rt. @

    !. 6orce.,, #iolence,, %rt. 1!!> par. 1

    Duress,, intimidation,, %rt. 1!!> par. 2

    $. 7ndue and Improper pressure and influence.,, %rt. 1!!@>. 6raud.,, %rt. 1!!B

    ?. 9ista3e.,, %rt. 1!!1.

    Section 9.&& Institution of Heir.

    Art. =D. Institution of ,eir is an act by virtue of +,ic, a testator designates in ,is

    +i t,e "erson or "ersons +,o are to succeed ,i! in ,is "ro"erty and trans!issibe rig,ts

    and obigations.

    "%E $1

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    0alane' he rules on institution of heir also appl to de#isees and legatees.

    Art. =7. A +i s,a be vaid even t,oug, it s,oud contain an institution of an

    ,eir or suc, institution s,oud not co!"rise t,e entire estate and even t,oug, t,e "ersonso instituted s,oud not acce"t t,e in,eritance or s,oud be inaca"acitated to succeed.

    In suc, cases t,e testa!entary dis"ositions !ade in accordance +it, a+ s,a be

    co!"ied +it, and t,e re!ainder of t,e estate s,a "ass to t,e ega ,eirs.

    0alane' 1. E#en if there is no institution of an heir* the will is #alid* &ut it is useless unless it

    ac3nowledges an illegitimate child or disinherits a compulsor heir.

    2. If the institution does not co#er the entire estate* the excess shall either go to the compulsor

    heirs or & intestac. (9ixed succession.)

    !. 5ow much can the testator dispose of from his estate/ 5e can dispose all* except when there

    are compulsor heirs. In such a case* he can onl dispose of the free portion.

    $. eneral rule' If the will does not institute an heir* it need not &e pro&ated.

    Exception' E#en if it does not institute an heir* if an of the following are present'

    a. hen the will recogniAes an illegitimate child;&. hen it disinherits a compulsor heir;

    c. hen it instituted an executor.

    >. If the instituted heir should repudiate or &e incapacitated to inherit* then legal succession ta3es

    place.

    Art. =9. One +,o ,as no co!"usory ,eirs !ay dis"ose by +i of a ,is estate orany "art of it in favor of any "erson ,aving ca"acity to succeed.

    One +,o ,as co!"usory ,eirs !ay dis"ose of ,is estate "rovided ,e does not

    contravene t,e "rovisions of t,is Code +it, regard to t,e egiti!e of said ,eirs.

    0alane'

    F ,,,,,,,, spouse 4 L M

    % 0 8

    F has a spouse and ! children.8hildren get 142 of the estateM

    ,,,,,,, +egitimesSpouse gets 14? of the estate4

    Art. =5. $,e testator s,a designate t,e ,eir by ,is na!e and surna!e and +,en

    t,ere are t+o "ersons ,aving t,e sa!e na!es ,e s,a indicate so!e circu!stance by +,ic,

    t,e instituted ,eir !ay be no+n.

    Even t,oug, t,e testator !ay ,ave o!itted t,e na!e of t,e ,eir s,oud ,e

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    designate ,i! in suc, !anner t,at t,ere can be no doubt as to +,o ,as been instituted t,e

    institution s,a be vaid.

    0alane' eneral rule' %n heir must &e designated & name and surname. his also applies to

    de#isees and legatees.

    If there are 2 or more people ha#ing the same name and surname* the testator mustindicate some identifing mar3 or circumstance to which he ma &e 3nown* otherwise there ma

    &e a latent am&iguit.

    E.g.* I institute m cousin %. 0ut I ha#e ! cousins & the name of %. 7nless I gi#e an

    identifing mar3 or circumstance as to w4c cousin % I refer to* there will &e a latent am&iguit.

    Exception' E#en w4o gi#ing the name* the identit of the heir can &e ascertained w4

    sufficient certaint or clarit* e.g. the present Dean of the 7" 8ollege of +aw* m oldest &rother.

    hat is important is that the identit of the heir &e 3nown and not necessaril his name.

    Art. ==. An error in t,e na!e surna!e or circu!stances o f t,e ,eir s,a notvitiate t,e institution +,en it is "ossibe in any ot,er !anner to no+ +it, certainty t,e

    "erson instituted.

    If a!ong "ersons ,aving t,e sa!e na!es and surna!es t,ere is a si!iarity of

    circu!stances in suc, a +ay t,at even +it, t,e use of ot,er "roof t,e "erson instituted

    cannot be identified none of t,e! s,a be an ,eir.

    0alane' 1. "aragraph 1.,, E#en though there ma &e an error in the name of the heir* the error is

    immaterial if his identit can &e 3nown in an other manner.

    2. "aragraph 2.,, See the rules on latent am&iguit.

    6irst' 7se extrinsic e#idence except the oral declarations of the testator as to his

    intentions to cure the am&iguit.Second' If am&iguit still exists* none of them will inherit.

    Art. =. Every dis"osition in favor of an unno+n "erson s,a be void uness by

    so!e event or circu!stance ,is identity beco!es certain. o+ever a dis"osition in favor of

    a definite cass or grou" of "ersons s,a be vaid.

    0alane' 1. 8an the testator gi#e his entire free portion to a person he does not personall 3now/

    =es.

    he un3nown person referred to in this article refers to one who cannot &e identifiedand not to one whom the testator does not personall 3now. he &asis of the nullit is the

    ina&ilit to determine the intention of the testator.

    E.g.* o someone who cares. ,, Goid.

    o someone w4 ten ees. ,, Goid* this refers to someone who does not exist.

    his designation is #alid if the identit is not 3nown at the time of ma3ing the will &ut

    can &e 3nown in the future & circumstances. 5ow/ 0 esta&lishing certain criteria at the proper

    time* e.g.* 6irst 6ilipino who wins a gold medal in the lmpics.

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    2. 8lass designation is #alid* class in 8i#il +aw -e#iew* 7" 8ollege of +aw* 1>,1?.

    9ass institution' see %rticles @B?* B$B (&rothers and sisters)* B$ (designation of a

    person and his children) > (relati#es)* 1C2 (praers and pious wor3s for the &enefit of his

    soul)* and 1C!C (poor.)

    Art. =@. eirs instituted +it,out designation of s,ares s,a in,erit in e'ua "arts.

    0alane' his is a presumption of equalit. his supports the underling principle of this chapter

    w4c is respect for the wishes of the testator.

    Art. =4. /,en t,e testator institutes so!e ,eirs individuay and ot,ers coectivey

    as +,en ,e says I designate as !y ,eirs A and B and t,e c,idren of C t,ose coectivey

    designated s,a be considered as individuay instituted uness it ceary a""ears t,at t,e

    intention of t,e testator +as ot,er+ise.

    0alane' "ro&lem' he testator pro#ides I gi#e 14! of m estate to %* 0 and 8. 8 is a class ofpeople. 5ow do ou di#ide the estate/

    %' It is not to &e interpreted as 14! to %* 0 and class 8. -ather* the 14! of the estate

    should &e di#ided equall among %* 0 and the mem&ers of class 8. h/ 0ec. the presumption

    is that the mem&ers of 8 were indi#iduall designated.0ut if the testator sas I gi#e 14! of m estate to %* 0 and class 8 as a unit* then 14! will

    &e di#ided equall among %* 0 and class 8.

    Art. =. If t,e testator s,oud institute ,is brot,ers and sisters and ,e ,as so!e of

    fu bood and ot,ers of ,af bood t,e in,eritance s,a be distributed e'uay uness a

    different intention a""ears.

    0alane' 6ull &lood means same parents; half &lood means onl one parent is the same.

    eneral rule' 0rothers and sisters* whether full or half &lood* inherit in equal shares.

    Exceptions' (a) If the testator pro#ides otherwise in the will

    (&) If the inherit & intestac. -atio is 2'1 in fa#or of full &lood

    &rothers and sisters. (%rt. 1CC?.)

    Art. =6. /,en t,e testator cas to t,e succession a "erson and ,is c,idren t,ey

    are a dee!ed to ,ave been instituted si!utaneousy and not successivey.

    0alane' his article is a species of %rt. [email protected]#el refers tofideicommisary.

    Art. D. $,e state!ent of a fase cause for t,e institution of an ,eir s,a be

    considered as not +ritten uness it a""ears fro! t,e +i t,at t,e testator +oud not ,ave

    !ade suc, institution if ,e ,ad no+n t,e fasity of suc, cause.

    0alane' eneral rule' E#en if the cause if false* institution is effecti#e. h/ 0ec. cause of the

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    institution is the li&eralit of the testator and not the cause stated.

    ' % is the tallest in the class. I gi#e him 142 of m estate. If % is not the tallest* is the

    institution ineffecti#e/

    %' o. 6ollow the general rule &ec. the real cause was not the height &ut the li&eralit of

    the testator.

    %ustria #. -ees.,, In the case* the oppossitor sought to nullif the institution of theadopted children as heirs &ec. it was found out that the adoption did not compl w4 the law. he

    S8 held that the institution was #alid. 6or it to &e in#alid* and &e an exception to the general rule*

    ! requisites must concur'

    1. 8ause for the institution must &e stated in the will;

    2. 8ause must &e shown to &e false;

    !. It must appear on the face of the will that the testator would not ha#e made such

    institution if he had 3nown the falsit of the cause.

    he wishes of the testator must &e respected.

    In the case* the third requisite was a&sent. %s such* the exception was not applica&le and

    the general rule would appl.

    If there is dou&t as to whether there is a #alid institution &ec. of the false cause* resol#e it

    in fa#or of #alidit.

    Art. 7. If t,e testator ,as instituted ony one ,eir and t,e institution is i!ited to

    an ai'uot "art of t,e in,eritance ega succession taes "ace +it, res"ect to t,e re!ainder

    of t,e estate.

    $,e sa!e rue a""ies if t,e testator ,as instituted severa ,eirs eac, being i!ited

    to an ai'uot "art and a t,e "arts do not cover t,e +,oe in,eritance.

    0alane' he principle enunciated here has alread &een pro#ided in %rt. B$1.

    %ssuming in par. 1

    a. he testator has no compulsor heirs ,, part of the whole estate not disposed of & will

    goes & intestac.

    E.g.* o compulsor heirs and the testator sas I gi#e 14! of m estate to F. 14! will go

    to F and the 24! will go & intestac.

    &. estator has compulsor heirs,, part of the free portion not disposed of & will goes

    & intestac.

    E.g.* wo legitimate children and testator sas I gi#e 14$ of m estate to F. 142 will

    go to the 2 children* 14$ will go to F* and 14$ will go & intestac.

    he same applies when a #acanc occurs.

    Art. 9. If it +as t,e intention of t,e testator t,at t,e instituted ,eirs s,oud

    beco!e soe ,eirs to t,e +,oe estate or t,e +,oe free "ortion as t,e case !ay be and

    eac, of t,e! ,as been instituted to an ai'uot "art of t,e in,eritance and t,eir ai'uot "arts

    toget,er do not cover t,e +,oe in,eritance or t,e +,oe free "ortion eac, "art s,a be

    increased "ro"ortionay.

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    0alane' his article spea3s of the testator:s intention to gi#e the entire free portion* or the entire

    inheritance* as the case ma &e* &ut he made a mista3e in the addition of the different proportions.

    Elements'

    1. Se#eral heirs;

    2. Indicates his intention to gi#e his entire estate to this heirsa. If no compulsor heirs* whole estate

    &. If w4 compulsor heirs* whole free portion

    !. Indicates portions he wants to gi#e to each

    $. otal of portions is less than whole estate or free portion* as the case ma &e.

    E.g.* estator has no compulsor heirs. 5e indicates in the will that his intention to gi#e his

    entire estate to his heirs. 5e gi#es 14$ to %* 14? to 0* 14! to 8. he estate is worth "12C*CCC.

    % "!C*CCC

    0 2C*CCC

    8 $C*CCC "C*CCC

    hat do ou do with the remaining "!C*CCC/

    1. et the least common denominator,, 12

    %N !412* 0N 2412* 8N $412

    2. et the ratio of the shares w4 each other.

    % (!) ' 0 (2) ' 8 ($) , ! O 2 O $ N

    !. 9ultipl the remainder & the share of each heir w4 respect to the ratio in num&er 2.

    6or %* !4 x !C*CCC N 1C*CCC6or 0* 24 x !C*CCC N ?*???.?@

    6or 8* $4 x !C*CCC N 1!*!!!.!!

    $. %dd the result to what the originall recei#ed and the sum will &e their complete

    inheritance.

    6or %* !C*CCC O 1C*CCC N $C*CCC6or 0* 2C*CCC O ?*???.?@ N 2?*???.?@

    6or 8* $C*CCC O 1!*!!!.!! N >!*!!!.!!

    >. %dd our figures in num&er $ to ma3e sure that it equals to the #alue of the entireestate. (o ma3e sure that ou did not ma3e a mista3e.)

    $C*CCC O 2?*???*?@ O >!*!!!.!! N 12C*CCC

    ote' ?. If ou want to get the inheritance of each right awa* multipl the ratio in num&er !

    with the #alue of the whole estate.

    6or %* !4 x 12C*CCC N $C*CCC

    6or 0* 24 x 12C*CCC N 2?*???.?@

    6or 8* $4 x 12C*CCC N >!*!!!.!!

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    =ou get the same results &ut faster.

    Art. 5. If eac, of t,e instituted ,eirs ,as been given an ai'uot "art of t,e

    in,eritance and t,e "arts toget,er e>ceed t,e +,oe in,eritance or t,e +,oe free "ortion

    as t,e case !ay be eac, "art s,a be reduced "ro"ortionay.

    0alane' he same principle as in %rt. B>2* onl this time ou decrease.

    Elements'

    1 to ! ,, same as those in %rt. B>2

    $. otal of portion e