succession san beda

8/21/2019 Succession San Beda

http://slidepdf.com/reader/full/succession-san-beda 1/33

San Beda College of Law53

MEMORY AID IN CIVIL LAW

SUCCESSION

SUCCESSION

A mode of acquisition by virtueof which the property, rights andobligations to the extent of thevalue of the inheritance, of aperson are transmitted throughhis death to another or otherseither by his will or by operationof law. (Art. 774)

Kinds:. !estamentary or !estacy (by will)"#. $egal or intestacy (by operation of

law based on the decedent%spresumed will)"&. 'ixed (artly !estamentary and

$egal)" and4. artition inter vivos (to a certain

degree).

Elements:. *+**! (sub-ective element)#. /++*01 (sub-ective element)

a. 2eirs 3 those who are called tothe whole or to an aliquotportion of the inheritance either

by will or by operation of law) oluntary 5 those instituted

by the testator in his will, tosucceed to the inheritanceor the portion thereof ofwhich the testator can freelydispose.

#) +ompulsory or 6orced 5 thosewho succeed by force of lawto some portion of theinheritance, in an amountpredetermined by law,nown as the legitime.

&) $egal or 8ntestate 5 thosewho succeed to the estate ofthe decedent who dieswithout a valid will, or tothe portion of such estatenot disposed of by will.

b. evisees or legatees 3 persons towhom gifts of real or personalproperty are respectively givenby virtue of a will

NOTE: !he distinctions betweenheirs and devisees9legatees aresignificant in these cases:

. reterition (pretermission)#. 8mperfect disinheritance&. After3acquired properties4. Acceptance or non3

repudiation of thesuccessional rights.

&. *A!2 06 !2* *+**! (casualelement)

'oment when rights to succeed are

transmitted (Art 777) 2owever, a person may be

;presumed< dead for the purpose ofopening his succession (see rules onpresumptive death). 8n this case,succession is only of provisionalcharacter because there is alwaysthe chance that the absentee maystill be alive.

4. 8nheritance (ob-ective element)"

NOTE: =hatever may be the time whenactual transmission taes place,

succession taes place in any event atthe moment of the decedent%s death.(Lorenzo vs. Posadas 64 Phil 353)

SUCCESSION INHERITANCE1efers to the legalmode by whichinheritance istransmitted to thepersons entitledto it

1efers to theuniversality orentirety of theproperty, rightsand obligations of aperson who died

Inheritance includes:

. 10*1!>, 18?2! A0@$8?A!80 NO !"#N$%#&'! @>*A!2General rules on rights andobligations extinguished b hisdeatha) 1ights which are purel personal

are by their nature and purposeintrans*issi+le for they aree,tinguished + death (e.g.those relating to civil

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon

S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Aleandro Ca!a-ar)Pro&er"y+, 'a.R#odora*errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"e&#en0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#onyPur(anan)/TD+,'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+





personality, family rights,discharge of office).

b) 1ights which are patri*onial orrelating to property are

generally part of inheritance asthey are not e,tinguished +death.

c) -ights of o+ligations are bynature trans*issi+le and mayconstitute part of inheritanceboth with respect to the rightsof the creditor and as regards tothe obligations of the debtor.

#. A$$ =28+2 2A* //-%! !2*1*!08+* !2* 0*8? 06 /++*80( rticle 012 /ivil /ode)

I! TESTA"ENTAR# SUCCESSION

A! CONCE$T

%I&& ' an act whereby a person ispermitted, with the formalitiesprescribed by law, to control to a certaindegree the disposition of his estate totae effect after his death (Art. 7&)

NOTE: !hus, a document that does not

purport to dispose of one%s estate eitherby the institution of heirs or designationof devisees9legatees or, indirectly, byeffecting a disinheritance, is not to begoverned by the law on testamentarysuccession but by some other applicablelaws.

Kinds o( %ills:. otarial or ordinary#. 2olographic

Characteristics o( a %ill:

. /8$A!*1A$#. !18+!$> *10A$ A+! 3 !he

disposition of property is solelydependent upon the testator.

NOTE: !he following acts 'A> 0! beleft to the discretion of a third person:( rticle 015 010 /ivil /ode)duration or efficacy of the designation of

heirs, devisees or legatees"

determination of the portions which theyare to tae, when referred to byname" and

determination of whether or not the

testamentary disposition is to beoperative.

NOTE: 2owever, the following acts 'A>be entrusted to a third person: ( rticle016 /ivil /ode)

a. distribution of specific propertyor sums of money that he may leavein general to specified classes orcauses" and

b. designation of the persons,institutions or establishments towhich such property or sums are to

be given or applied.&. 61** A 0$/!A1> A+! 5 Any viceaffecting the testamentary freedom cancause the disallowance of the will.4. 601'A$ A 0$*' A+! 5 !heformalities are essential for the validityof the will.B. A+! '01!8 +A/AC. A'@/$A!01> A 1*0+A@$*

/18? !2* !*!A!01% $86*!8'*7. 888/A$ A+! 5 !wo or morepersons cannot mae a single oint will,either for their reciprocal benefit or for

another person. 2owever, separate orindividually executed wills, althoughcontaining reciprocal provisions (*utualwills), are not prohibited, sub-ect to therule on disposicion captatoria.. 808!80 06 10*1!>

)! INTER$RETATION O* %I&&S (A1!.737D#)!he testator%s intent (ani*us testandi),as well as giving effect to such intent, isprimordial. 8t is sometimes said that thesupreme law in succession is the intentof the testator. All rules of constructionare designed to ascertain and give effectto that intention. 8t is only when theintention of the testator is contrary tolaw, morals, or public policy that itcannot be given effect.

8n case of doubt, that interpretation bywhich the disposition is to be operativeshall be preferred. !hat construction isto be adopted which will sustain anduphold the will in all its parts, if it can







be done consistently with theestablished rules of law.

Kinds o( A+biguities: (Article 7C). $A!*! 01 8!188+ A'@8?/8!8* 5that which does not appear on the faceof the will and is discovered only byextrinsic evidence.#. A!*! 01 *E!188+ A'@8?/8!8* 5that which appears on the face of thewill itself

NOTES:

!here is no distinction betweenpatent and latent ambiguities, in sofar as the admissibility of parol or

extrinsic evidence to aidtestamentary disposition isconcerned.

*xtrinsic evidence to explain

ambiguities in a will cannot includeoral declarations of the testator asto his intention.

!he validity of a will as to its formdepends upon the observance of lawin force at the time it is made. (Art.7DB).

8f a law different from the law in

force at the time of the execution ofthe will goes into effect before orafter the death of the testator, sucha law shall not affect the validity ofthe will, provided that such will wasduly executed 8n accordance withthe formalities prescribed by law inforce at the time it was made.

A*TER'AC,UIRE- $RO$ERT# .Art! /012Gen! Rule: roperty acquired during theperiod between the execution of the willand the death of the testator is 0!included among the property disposedof.Exce3tion: =hen a contrary intentionexpressly appears in the will

NOTE: !his rule applies only to legaciesand devises and not to institution ofheirs.

C! TESTA"ENTAR# CA$ACIT#4 refers to the ability as well as thepower to mae a will.

3 must be present at the time of theexecution of the will.

Re5uisites:

1. At least years of age

2. 0f sound mind, i.e., the ability tonow:a. the nature of the estate to be

disposed of"b. the proper o+ects of his bounty"

andc. the character of the

testa*entar act.

NOTE: !he law presu*es that the

testator is of sound mind, /$*:a. he, one month or less, before mainghis will, was publicly nown to beinsane" orb. was under guardianship at the time ofmaing his will. (orres and Lopez deueno vs. Lopez 41 Phil 00)

8n both cases, the burden of provingsanity is cast upon proponents of thewill.

Effect of Certain Infirmities:. mere senility or infirmity of old age

does not necessarily imply that aperson lacs testamentary capacity"

#. physical infirmity or disease is notinconsistent with testamentarycapacity"

&. persons suffering from idiocy (thosecongenitally deficient in intellect),imbecility (those who are mentallydeficient as a result of disease), andsenile dementia (peculiar decay ofthe mental faculties whereby theperson afflicted is reduced to second

childhood) do not possess thenecessary mental capacity to mae awill"

4. an insane delusion which will renderone incapable of maing a will maybe defined as a belief in thingswhich do not exist, and which norational mind would believe to exist"

B. if the insane delusion touches tosub-ect matter of the will,testamentary disposition is void.

C. a deaf3mute and blind person canmae a will (i.e. Art. F73F). A







blind man with a sound and disposingmind can mae a holographic will.

7. an intoxicated person or personunder the influence of drugs may

mae a will as there is no completeloss of understanding.

!,ception: where the testator hasused intoxicating liquor or drugsexcessively to such an extent as toimpair his mind, so that at the timethe will is executed, he does notnow the extent and value of hisproperty, or the names of personswho are the natural ob-ects of hisbounty, the instrument thusexecuted will be denied probate forlac of testamentary capacity.

-! *OR"A&ITIES O* %I&&S.E6TRINSIC 7A&I-IT#2

CO""ON *OR"A&ITIES. *very will must be in writing" and#. *xecuted in a language or dialect

nown to the testator.

S$ECIA& *OR"A&ITIESI! NOTARIAL OR ORDINARY WILLa. /@+18!80 5 made at the end

thereof by the testator himself or by

the testatorGs name written by someother person in his presence and byhis express direction"

&u+scription refers to the*anual act of testator and alsoof his instru*ental 7itnesses ofaffi,ing their signature to theinstru*ent.

b. A!!*!A!80 A /@+18!80 3(evidenced + an 8attestationclause9) by & or more crediblewitnesses in the presence of thetestator and of one another"

Attestation consists in the act ofwitnesses of witnessing theexecution of the will in order tosee and tae note mentally thatsuch will has been executed inaccordance with requirementsprescribed by law.

ATTESTATION SU)SCRI$TION. an act of the

senses. an act of thehand

#. mental act #. mechanical act

&. purpose is torender availableproof duringprobate of will

&. purpose isidentification

c. 'A1?8A$ 8?A!/1* 5 affixed bythe testator or the person requestedby him to write his name and theinstrumental witnesses of the will oneach and every page thereof, exceptthe last, on the left margin"

Exce3tions to the rule that all o( the3ages o( the 8ill shall ha9e to besigned on the le(t +argin b thetestator and 8itnesses::

() in the last page, when the will

consists of two or more pages"(#) when the will consists of only onepage"(&) when the will consists of twopages, the first of which contains allthe testamentary dispositions and issigned at the bottom by the testatorand the witnesses and the secondcontains only the attestation clauseduly signed at the bottom by thewitnesses.

!he inadvertent failure of one

witness to affix his signature to onepage of a testament, due to thesimultaneous lifting of two pages inthe course of signing, is not per sesufficient to -ustify denial of probate(#casiano vs. #casiano ## &/- 4).

d. A?* /'@*18? 5 =rittencorrelatively in letters placed on theupper part of each page"

NOTE: !his is not necessary when all ofthe dispositive parts of a will are written

on one sheet only.

e. A+H0=$*?'*! 5 one before anotary public by the testator and theinstrumental witnesses.

NOTE: !he notary public before whomthe will was acnowledged cannot beconsidered as the third instrumentalwitness since he cannot acnowledgebefore himself his having signed the will.8f the third witness were the notary







public himself, he would have to avow,assent, or admit his having signed thewill in front of himself. !o allow suchwould have the effect of having only two

attesting witnesses to the will whichwould be in contravention of Arts. FBand FC. (/ruz vs. illasor 54 &/- 32) "ANNER O* SIGNING:

!he use of any signature, mars ordesign intended by the testator toauthenticate renders the willsufficiently signed by the testator.

A signature by mar will besufficient even if at the time ofplacing it, the testator new how towrite and is able to do so.

8t is sufficiently signed by writing hisinitials, or his first name, or he mayuse even an assumed name.

A complete signature is not essentialto the validity of a will, provided thepart of the name written was affixedto the instrument with intent toexecute it as a will.

ATTESTATION C&AUSE3 memorandum or record of factswherein the witnesses certify that thewill has been executed before them, andthat it has been executed in accordancewith the formalities prescribed by law.

Absence of this clause will renderthe will a nullity.

8t must state the following ESSENTIALFACTS:

. the number of pages used uponwhich the will is written"

20=**1, even if number of pages isomitted in the A+ @/! if there is anacnowledgment clause which states the

number of pages or the will itselfmentioned such number of pages, it maystill be considered valid applying the$iberal 8nterpretation of the law.(a+uada vs. -osal)

#. the fact that the testator signedthe will and every page thereof,or caused some other person towrite his name, under hisexpress direction, in the

presence of the instrumentalwitnesses"

=hen the testator expressly causedanother to sign the former%s name,

this fact must be recited in theattestation clause. 0therwise, thewill is fatally defective. ($arcia vs.Lacuesta ;< Phil 41;)

&. that the witnesses witnessed andsigned the will and all the pagesthereof in the presence of thetestator and of one another.

TEST O* $RESENCE: ot whetherthey actually saw each other sign,but whether they might have seen

each other sign had they chosen todo so considering their mental andphysical condition and position withrelation to each other at themoment of inscription of eachsignature. (=a+oneta vs. $ustilo)

8n the case of an ordinary or attestedwill, its attestation clause need not+e 7ritten in a language or dialect>no7n to the testator since it doesnot form part of the testamentarydisposition.

!he language used in the attestationclause liewise need not even +e>no7n to the attesting 7itnesses.Art. FB merely requires that, insuch a case, the attestation clauseshall be interpreted to saidwitnesses. (/aneda vs. / &/-012)

E((ects o( de(ects or i+3er(ections inthe Attestation Clause:

8f the defect of the attestation

clause goes into the very essence ofthe clause itself or consists in theomission of one, some, or all of theessential facts, and such omissioncannot be cured by an examinationof the will itself, the defect issubstantial in character, as aconsequence of which the will isinvalidated.

2owever, 8n the absence of badfaith, forgery, fraud, or undue and







improper pressure and influence,defects and imperfections in theform of attestation or in thelanguage used therein shall not

render the will invalid if it is provedthat the will was in fact executedand attested in substantialcompliance with Art. FB ( for*alre?uire*ents). !his is nown as the-OCTRINE O* &I)ERA&INTER$RETATION (Art. FD)

$ur3oses o( re5uiring 8itness to attestand to subscribe to a 8ill:. identification of the instrument#. protection of the testator from fraud

and deception&. the ascertainment of the

testamentary capacity of thetestator.

NOTE: Certain points to consider(olentino). 'ere nowledge by testator that

another is signing, and acquiescing init, there being no expressdirection, is 0! sufficient.

#. ot required that the name of theperson who writes the testator%s

name should also appear on the will"enough that testator%s name iswritten.

&. 8f the required numbers of attestingwitness are competent, the fact thatan additional witness, who wasincompetent also attested to thewill, cannot impair the validity.

4. 8mmaterial in what order the actsare performed provided thesignature or acnowledgment by thetestator and the attestation of thewitnesses be accomplished in oneoccasion, and as part of onetransaction.

B. !he law refers to pae and not tosheet or leaf or folio, so every pageused in the will should be signed onthe left margin.

C. An attestation clause need be signed0$> by the witnesses and not bythe testator as it is a declarationmade by the witnesses.

7. date of !ill:

a. ordinar 7ill: not an essentialpart"

b. holographic 7ill: an essentialpart.

. 6ailure or error to state the place ofexec"tion will not invalidate thewill.

D. igning of a will by the testator andwitnesses and acnowledgmentbefore a notary public, need not bea single act.

F. Testamentar# capacit# must alsoexist at the time ofacnowledgment.

A--ITIONA& RE,UIRE"ENTS *ORS$ECIA& CASES$% Deaf or deaf&m"te testator:

a) personal reading of the will, ifable to do so" 01

b) if not possible, designation of #persons to read the will andcommunicate to him, in somepracticable manner, thecontents thereof. (Article F7)

'% (lind testator:

ouble3reading requirement:a. first, by one of the subscribing

witnesses, Ab. second , by the notary public

before whom the will is

acnowledged. (rticle 1<1) Art. F applies not only to blind

testators but also to those who, forone reason or another are incapableof reading their wills (e.g. poor,defective or blurred vision).

8n a case where the testator did notread the final draft of the will, butthe lawyer who drafted thedocument, read the same aloud inthe presence of the testator, &

witnesses, and notary public, the+ourt held that the formalimperfections should be brushedaside when the spirit behind the lawwas served though the letter wasnot. (lvarado vs. $aviola 6 &/-340)

%ITNESS TO NOTARIA& %I&&S(A1!. #F I #)Re5uire+ents:

1. of sound mind"





San Beda College of Law5!


2. able to read and write"

3. not blind, deaf or dumb"

4. at least years of age"

5. domiciled in the hilippines"

6. has not been convicted offalsification of a document, per-ury,or false testimony

NOTE: A witness need not now thecontents of the will, and need not beshown to have had a good standing inthe community where he lives. Also, theacnowledging notary public cannot beone of the & minimum numbers ofwitnesses.Interested 8itness

A witness to a will who isincapacitated from succeeding fromthe testator by reason of adevise9legacy or other testamentarydisposition therein in his favor, or infavor of his spouse, parent, or child.'o7ever his co*petence as a7itness su+sists.

! )OLO*RA+)IC WILL .Article ;<=2a. entirely 7ritten by the hand of

the testator"b. entirely dated by the hand of

the testator" andc. entirely signed by the hand ofthe testator.

NOTE: !he law exacts literalcompliance with these requirements.2*+*, !2* 0+!18* 06 $8@*1A$8!*11*!A!80 +A0! @* A$8*.

evertheless, the +ourt held in acase that as a general rule, the;date< in a holographic will shouldinclude the day, month, and year of

its execution. 2owever, when thereis no appearance of fraud, bad faith,undue influence and pressure andthe authenticity of the will isestablished and the only issue iswhether or not the date ;6*@.9C<appearing on the will is a validcompliance with Art. F, probate ofthe holographic will should beallowed under the principle ofsubstantial compliance. (#n the*atter of #ntestate !state of ndres

de =esus and i+iana -o,as de =esus234 &/- 45)

Rule in case o( insertion, cancellation,

eras"re or alteration: !estator must authenticate the same

by his @%LL &#$N%-! . ( rticle 124)

NOTE: 8n the case of Aala7 vs. -elova(234 &/- 42) the holographic will indispute had only one substantialprovision, which was altered bysubstituting the original heir withanother, but which alteration did notcarry the requisite of full authenticationby the full signature of the testator, theeffect must be that the entire will is

voided or revoed for the simple reasonthat nothing remains in the will afterthat which could remain valid.

E((ects o( 8ords 8ritten b anotherand inserted in the 8ords 8ritten bthe testator:a. 8f the insertion was made after the

e,ecution of the will, but 7ithoutthe consent of the testator, suchinsertion is considered as not8ritten, because the validity of thewill cannot be defeated by the

malice or caprice of third person.b. 8f the insertion after the e,ecution

of the will was 7ith the consent ofthe testator, the 8ill re+ains 9alidbut the insertion is 9oid.

c. 8f the insertion after the e,ecution isvalidated + the testator + hissignature thereon, then the insertionbecomes part of the will, and theentire 8ill beco+es 9oid, becauseof failure to comply with therequirement that it must be whollywritten by the testator.

d. 8f the insertion made by a thirdperson is made conte*poraneous tothe e,ecution of the will, then the8ill is 9oid because it is not writtenentirely by the testator.

$robate o( Hologra3hic %ill. 8f %N/ON!&! requires that at

least witness who nows thehandwriting and signature of thetestator explicitly declare that thewill and signature are in the





San Beda College of Law6"


handwriting of the testator" if nowitness, expert testimony may beresorted to.

#. 8f /ON!&! requires at least & of

such credible witnesses, if noneexpert witness.

NOTE: =here the testator himselfpetitions for the probate of hisholographic will and no contest is file,the fact that he affirms that theholographic will and the signature are inhis own handwriting, shall be sufficientevidence thereof. 8f the holographic willis contested, the burden of disprovingthe genuineness and due executionthereof shall be on the contestant.

A photostatic or xerox copy of a lostor destroyed holographic will may beadmitted because the authenticity ofthe handwriting of the deceased canbe determined by the probate court,as comparison can be made with thestandard writings of the testator.(-odelas vs. ranza 22; &/- 26)

GO7ERNING &A% ON *OR"A&ITIES$% As to time:

!he validity of a will as to its for*

depends upon the observance of thela8 in (orce at the ti+e it is +ade.8ts intrinsic validit , however, is-udged at the ti+e o( thedecedent>s death b the la8 o( hisnationalit.

! As to place: a. 6ilipino testator executing a will in

the hilippines: hilippine lawb. 6ilipino testator executing a will

outside of the hilippines: either) !he law of the country in which

it is executed" or#) !he law of the hilippines.

c. Alien testator executing a will in thehilippines: either) !he law of the hilippines" or#) !he law of the country of which

he is a citiJen or sub-ect.d. Alien testator executing a will

outside of the hilippines: either) !he law of the place where it is

executed" or

#) !he law of the place in which heresides" or

&) !he law of his country" or4) !he law of the hilippines.

As3ects o( the 8ill go9erned bNational &a8 o( the -ecedent (ArticleF&D and Article C +ivil +ode)a. 0rder of successionb. Amount of successional rightsc. 8ntrinsic validityd. +apacity to succeed

Koint will 5 a single testamentaryinstrument which contains the wills oftwo or more persons, -ointly executed bythem, either for their reciprocal benefit

or for the benefit of a third person33will of # or more persons is made in thesame instrument and is -ointly signed bythem

'utual wills 5 wills executed pursuant toan agreement between two or morepersons to dispose of their property in aparticular manner, each in considerationof the other33separate wills of # persons, which arereciprocal in their provisions.

1eciprocal wills3 wills in which thetestators name each other asbeneficiaries under similar testamentaryplans

NOTE: A will that is both -oint andmutual is one executed -ointly by two ormore persons, the provisions of whichare reciprocal and which shows on itsface that the devises are made inconsideration of the other. uch isprohibited.

Reasons:. will is purely personal and unilateral

act#. contrary to the revocable character

of a will&. may expose the testator to undue

influence, and may even induce oneof the testators to ill the other.

NOTE: Koint wills executed by 6ilipinosin a foreign country shall not be valid inthe hilippines, even though authoriJed





San Beda College of Law6#


by the foreign country in which they mayhave been executed ( rticle 12; /ivil/ode).

!his prohibition is applicable

only in -oint wills executed by @ilipinosin a foreign country" it does 0! A$>to -oint wills executed by aliens.

E! CO-ICI& AN- INCOR$ORATION )#RE*ERENCE

CO-ICI&

A supplement or addition to a will,made after the execution of a willand annexed to be taen as a partthereof, by which any disposition

made in the original will isexplained, added to, or altered.(Article #B)

NOTE: !o be effective, it must beexecuted as in the case of a will. 8tsexecution has the effect of republishingthe will as modified.

INCOR$ORATION )# RE*ERENCE (A1! #7)

+ontemplates only lists ofproperties, boos of accounts, andinventories.

rovisions which are in the nature oftestamentary dispositions must becontained in the will itself.

Re5uisites (or a 9alid incor3oration bre(erence: (A1! #7). !he document or paper referred to

in the will must be in existence atthe time of the execution of thewill"

#. !he will must clearly describe andidentify the same, stating among

other things the number of pagesthereof"&. 8t must be identified by clear and

satisfactory proof as the documentor paper referred to therein"

4. 8t must be signed by the testator andthe witnesses on each and everypage, except in case of voluminousboos of account or inventories.

*! RE7OCATION O* %I&&S AN-TESTA"ENTAR# -IS$OSITIONS

RE7OCATION

An act of the mind, terminating thepotential capacity of the will to

operate at the death of the testator,manifested by some outward orvisible act or sign, symbolic thereof.uch right to revoe a will cannot bewaived or restricted.

&A%S %HICH GO7ERN RE7OCATION(A1! #D)<! 8f the revocation taes place in the

hilippines, whether the testator isdo*iciled in the Philippines or inso*e other countr , it is valid whenit is in accordance with the la8s o(

the $hili33ines! 8f the revocation taes place outside

the hilippines, by a testator 7ho isdo*iciled in the Philippines, it isvalid when it is in accordance withthe la8s o( the $hili33ines

&. 1evocation done outside thehilippines, by a testator 7ho doesnot have his do*icile in thiscountr , is valid when it is doneaccording to the:a! la8s o( the 3lace 8here the

8ill 8as +ade, or

b! la8s o( the 3lace in 8hich thetestator had his do+icile at theti+e o( re9ocation"

"O-ES O* RE7OCATION (A1! &F)1. @y implication of law:

a. legal separation revoestestamentary provisions in favorof the offending spouse"

b. preterition revoes theinstitution of heir"

c. -udicial action for recovery ofdebt revoes a legacy ofcredit9remission of debt"

d. transformation, alienation, orloss of bequeathed propertyrevoes a legacy of suchproperty"

e. act of unworthiness by an heir,devisee9legatee revoestestamentary provisions in hisfavor"

f. if both spouses of thesubsequent marriage acted inbad faith, said marriage shall be





San Beda College of Law6$


void ab initio and testamentarydispositions made by one infavor of the other are revoedby operation of law (Art. 44,

6amily +ode)" andg. void ab initio or annulled

marriages revoe testamentarydispositions made by one spousein favor of the other (Art. BF,6amily +ode).

#. @y some will, codicil, or otherwriting, executed as provided incase of wills, which may either be:a. *xpress 5 when there is a

revocatory clause expresslyrevoing the previous will or apart thereof

b. 8mplied 5 when the provisionsthereof are partially or entirelyinconsistent with those of theprevious will

NOTE: =hile express revocation may beeffected by a subsequent will, or acodicil, or a nontestamentary writingexecuted as provided in case of wills,implied revocation may be effected onlyby either a subsequent will, or a codicil.

&. @y burning, tearing, cancelling, orobliterating the will.

Re5uisites:a. testamentary capacity at the

time of performing the act ofdestruction"

b. intent to revoe (animusrevocandi)"

c. actual physical act ofdestruction"

d. completion of the sub-ectivephase" and

e. performed by the testatorhimself or by some other personin his presence and expressdirection

(!2* $8! 8 *E+$/8*.)

NOTE: !he act of revocation is apersonal act of the testator. 2e cannotdelegate to an agent the authority to dothe act for him. Another person,however, may be selected by him as aninstrument and directed to do therevocatory acts in his presence. Adestruction not accomplished in the

testator%s presence is an ineffectiverevocation of the will.

-OCTRINE O* $RESU"E- RE7OCATION

=henever it is established that thetestator had in his possession or hadready access to the will, but uponhis death it cannot be found orlocated, the presumption arises thatit must have been revoed by him byan overt act.

=here it is shown that the will wasin custody of the testator after itsexecution, and subsequently, it wasfound among the testator%s effectsafter his death in such a state ofmutilation, cancellation or

obliteration as represents asufficient act of revocation, it willbe presumed in the absence ofevidence to the contrary, that suchact was performed by the testatorwith the intention of revoing thewill.

-OCTRINE O* -E$EN-ENT RE&ATI7ERE7OCATION (A1! &#)

A revocation sub-ect to a conditiondoes not revoe a will unless anduntil the condition occurs. !hus,where a testator ;revoes< a willwith the proven intention that hewould execute another will, hisfailure to validly mae a latter willwould permit the allowance of theearlier will.

=here the act of destruction isconnected with the maing ofanother will so as fairly to raise theinference that the testator meantthe revocation of the old to depend

upon the efficacy of the newdisposition intended to besubstituted, the revocation will beconditional and dependent upon theefficacy of the new disposition" andif for any reason, the new willintended to be made as a substituteis inoperative, the revocation failsand the original will remains in fullforce (da. e 'olo vs. 'olo DF hil&7).







Re9ocation b +ista?e

A revocation of a will based on afalse cause or an illegal cause is nulland void. !hus, where a testator by

a codicil or later will, expresslygrounding such revocation on theassumption of fact which turns outto be false, as where it is stated thatthe legatees9devisees named thereinare dead, when in fact, they areliving, the revocation does not taeeffect.

G! RE$U)&ICATION AN- RE7I7A& O*%I&&S

RE$U)&ICATION

!he act of the testator whereby hereproduces in a su+se?uent 7ill(express) the dispositions containedin a previous will which is void as toits form, or he executes a codicil(constructive) to his will.

8ts purpose is to cure the will of itsformal defects.

NOTES:

!o republish a will void as to its for* all the dispositions must be

reproduced or copied in the new orsubsequent will"

!o republish a will valid as to its for* +ut alread revo>ed theexecution of a codicil which maesreference to the revoed will issufficient.

E((ects o( Re3ublication b 9irtue o( aCodicil:. +odicil revives the previous will#. !he old will is republished as of the

date of the codicilL maes it spea,

as it were, from the new and laterdate.

&. A will republished by a codicil isgoverned by a statute enacted to theexecution of the will, but which wasoperative when the codicil wasexecuted.

RE$U)&ICATION RE7I7A&

. !aes place byan act of the

. !aes place byoperation of law.

testator

#. +orrects extrinsic

and intrinsicdefects.

#. 1estores a

revoed will

RE7I7A&

!he restoration to validity of a willpreviously revoed by operation oflaw (implied revocation).

$RINCI$&E O* INSTANTER

!he e,press revocation of the firstwill renders it void because therevocatory clause of the second will,not being testamentary in character,

operates to revoe the previous willinstantly upon the execution of thewill containing it.

NOTE: 8n i*plied revocation, the firstwill is not instantly revoed by thesecond will because the inconsistenttestamentary dispositions of the latterdo not tae effect immediately but onlyafter the death of the testator.H! A&&O%ANCE AN- -ISA&&O%ANCE O*%I&&S

$RO)ATE

A special proceeding mandatorilyrequired for the purpose ofestablishing the validity of a will.

!he statute of limitations is notapplicable to probate of wills.

,uestions deter+inable b the 3robatecourt: (8+*). identity of the will"#. testamentary capacity of the

testator at the time of the executionof the will" and

&. dueexecution of the will.

$!N!-L -%L!: 8n probateproceeding, the court%s area of inquiry islimited to an examination of, andresolution on the extrinsic validity if thewill, the due execution thereof, thetestatrix%s testamentary capacity andthe compliance with the requisites orsolemnities prescribed by law. !heprobate court cannot inquire into theintrinsic validity of testamentaryprovisions.







!"/!P#ON: ractical considerations,e.g. when the will is intrinsically void onits face.

8n Nuguid vs Nuguid (20 &/- 44;)the upreme +ourt held that, if thecase were to be remanded forprobate of the will, nothing will begained. 0n the contrary, thislitigation would be protracted. Andfor aught that appears in the record,in the event of probate or if thecourt re-ects the will, probabilityexists that the case will come uponce again before us on the sameissue of the intrinsic validity or

nullity of the will. 1*/$!: waste oftime, effort, expense, plus addedanxiety.

8n Nepo*uceno vs / (23; &/-<0) the +ourt ruled that ;the courtcan inquire as to the intrinsicvalidity of the will because therewas an express statement that thebeneficiary was a mistress.

NOTES:

+riminal action will not lie againstthe forger of a will which had beenduly admitted to probate by a courtof competent -urisdiction. (Bercadovs. &antos 66 Phil. 25)

!he fact that the will has beenallowed without opposition and theorder allowing the same has becomefinal and executory is not a bar tothe presentation of a codicil,provided it complies with all theformalities for executing a will. 8t isnot necessary that the will and

codicil be probated together as thecodicil may be concealed by aninterested party. !hey may beprobated one after the other.(Baca* vs. $at*aitan 6< Phil 351)

=hen a will is declared void becauseit has not been executed inaccordance with the formalitiesrequired by law, but one of theintestate heirs, after the settlementof the debts of the deceased, pays a

legacy in compliance with a clause inthe defective will, the payment iseffective and irrevocable ( rticle243< N//C Natural O+ligations).

Grounds (or -isallo8ance o( a %ill (A1!&D). 6ormalities required by law have not

been complied with"#. !estator was insane, or otherwise

incapable of maing a will, at thetime of its execution"

&. =ill was executed through force orunder duress, or the influence offear, or threats"

4. =ill was procured by undue andimproper pressure and influence, on

the part of the beneficiary or ofsome other person"

B. ignature of the testator wasprocured by fraud"

C. !estator acted by mistae or did notintend that the instrument he signedshould be his will at the time ofaffixing his signature thereto.

NOTE: ?10/ A1* *E+$/8*.

6air arguments, persuasion, appealto emotions, and entreaties which,

without fraud or deceit or actualcoercion, compulsion or restraint donot constitute undue influencesufficient to invalidate a will.(arreto vs. -ees ;1 Phil ;;6)

@urden is on the person challengingthe will to show that such influencewas exerted at the time of itsexecution.

!o mae a case of //*86$/*+*, the free agency of thetestator must be shown to have been

destroyed" but to establish a groundof contest based on 61A/, freeagency of the testator need not beshown to have been destroyed.

Allegations of fraud and undueinfluence are mutually repugnantand exclude each other" their -oiningas grounds for opposing probateshows absence of definite evidenceagainst the validity of the will(#casiano vs. #casiano 22 &/- 4)







RE7OCATION -ISA&&O%ANCE . voluntary act ofthe testator.

. given by -udicialdecree.

#. with or withoutcause.

#. must always befor a legal cause.

&. may be partial ortotal.

&. always totale,cept: when theground of fraud orinfluence forexample affectsonly certainportions of thewill.

I! INSTITUTION O* HEIRS

(A1!. 4F3BC)

INSTITUTION

An act by virtue of which a testatordesignates in his will the person orpersons who are to succeed him inhis property and transmissible rightsand obligations. (Art 4F)

!he proper test in order todetermine the validity of aninstitution of heir is the possibility offinally ascertaining the identity ofthe instituted heir by intrinsic or

extrinsic evidence.

$RESU"$TIONS. $resu+3tion o( E5ualit 5 2eirs

instituted without designation ofshares shall inherit in equal parts.!his is limited only to the casewhere all of the heirs are of thesame class or -uridical condition, andwhere there are compulsory heirsamong the heirs instituted, it shouldbe applied only to the disposablefree portion.

#. $resu+3tion o( Indi9idualit 5 =henthe testator institutes some heirsindividually and others collectively,those collectively designated shallbe considered as individuallyinstituted, unless it clearly appearsthat the intention of the testatorwas otherwise.

&. $resu+3tion o( Si+ultaneit 5 whenthe testator calls to the succession aperson and his children, they are all

deemed to have been institutedsimultaneously and not successively.

INSTITUTION )ASE- ON A *A&SE CAUSE

.Article ;@=2 $!N!-L -%L!: !he statement of afalse cause for the institution of an heirshall be considered as not written.

Reason: ?enerosity of the testator isthe real cause of the testamentarydisposition.

!"/!P#ON: 8f it appears from the faceof the will that the testator would nothave made the institution had he nownthe falsity of the cause.

!,a*ple: =here the person

instituted is a total stranger to thetestator, it is obvious that the realcause of the testamentarydisposition is not the generosity ofthe testator but the fact itself whichturned out to be false.

RE,UISITES *OR THE ANNU&"ENT O*INSTITUTION O* HEIRS:. cause of institution of heirs must be

stated in will"#. cause must be shown to be false"&. it must appear from the face of the

will that the testator would not havemade the institution had he nownthe falsity of the cause.

=here the one3sentence willinstitutes the petitioner as the sole,universal heir and preterits theparents of the testatrix, and itcontains no specific legacies orbequests, such universal institutionof petitioner, by itself, is void.8ntestate succession ensues.(Nuguid vs. Nuguid et al. 20 &/-

44;)

$RETERITION (A1!. B4)

0mission in the testator%s will ofone, some, or all of the compulsoryheirs in the direct line, whetherliving at the time of the execution ofthe will or born after the death ofthe testator.

Re5uisites:







. !he heir omitted must be acompulsory heir in the direct line"

#. !he omission must be complete andtotal in character" and

&. !he compulsory heir omitted mustsurvive the testator.

There is no total o+ission8hen:

a. A devise9legacy has been givento the heir by the testator

b. A donation inter vivos has beenpreviously given to the heir bythe testator" or

c. Anything is left from theinheritance which the heir mayget by way of intestacy.

NOTE: 8n the above cases, theremedy of the heir is completion oflegitime under Art. DFC, in case thevalue of the property received is lessthan the value of the legitime.

E((ects o( $reterition:. 8t annuls the institution of heir"#. !he devises and legacies are valid

insofar as they are not inofficious"and

&. 8f the omitted compulsory heir

should die before the testator, theinstitution shall be effectual,without pre-udice to the right ofrepresentation.

NOTE: 8n case of o*ission 7ithout preterition, the rule in Art. BB shouldbe followed. !he suggested alternatephrasing of r. !olentino to the saidarticle is: 8he share of the co*pulsorheir o*itted in a 7ill *ust +e firstta>en fro* the part of the estate notdisposed of + the 7ill if anC if that isnot sufficient so *uch as *a +enecessar *ust +e ta>en proportionall

fro* the shares of the heirs given tothe* + 7ill.9

$RETERITION -ISINHERITANCE

. deprivation of acompulsory heir ofhis legitime is tacit

. deprivation of acompulsory heir ofhis legitime isexpress.

#. may be voluntary #. always

but the lawpresumes that it isinvoluntary

voluntary.

&. law presumesthat there has beenmerely an oversightor mistae on thepart of the testator.

&. done with alegal cause.

4. omitted heir getsnot only his legitimebut also his share inthe free portion notdisposed of by wayof legacies9 devises.

4. if disinheritanceis not lawful,compulsory heir ismerely restored tohis legitime.

=here the deceased left no

descendants, legitimate orillegitimate, but she left forced heirsin the direct ascending lineLherparents, and her holographic willdoes not explicitly disinherit thembut simply omits them altogether,the case is one of preterition ofparents, not a case of ineffectivedisinheritance. (Nuguid vs. Nuguid20 &/- 44;)

NOTE: reterition of the survivingspouse () does not entirely annul the

institution of the heir since is not acompulsory heir in the direct line.2owever, since Article 4# protects thelegitime of the , the institution ispartially annulled by reducing the rightsof the instituted heir to the extentnecessary to cover the legitime of .(olentino)

E**ECT O* $RE-ECEASE33an heir who dies before the testatorshall transmit no right to his own heirs(rule is absolute with respect to a

voluntary heir)33what is transmitted to therepresentatives of compulsory heir is hisright to the legitime and not to the freeportionE**ECT O* INCA$ACIT#33A voluntary heir who is incapacitatedto succeed from testator shall transmitno right to his own heirs.33compulsory heir may be represented,but only with respect to his legitime







E**ECT O* RE$U-IATION33whether voluntary or compulsory, theheir who repudiates his inheritancecannot transmit any right to his own

heirs.

! SU)STITUTION O* HEIRS(A1! B737F)

SU)STITUTION

!he act by which the testatordesignates the person or persons totae the place of the heir or heirsfirst instituted (!olentino). 8t may beconsidered as a subsidiary andconditional institution.

Kinds:. Si+3le or Co++on (that which

taes place when the testatordesignates one or more persons tosubstitute the heirs9s instituted incase such heir9s should die beforehim, or should not wish, or should beincapacitated to accept theinheritance)

#. )rie( or Co+3endious: +rief (thereare two or more persons designatedby the testator to substitute for onlyone heir), co*pendious (one heir is

designated to tae the place of twoor more heirs)

Instances 8hen substitutionta?es 3lace:

a. instituted heir predeceases thetestator"

b. incapacit of the instituted heirto succeed from the testator"and

c. repudiation of the inheritance.

E((ect o( substitution:*eneral r"le: once the substitutionhas taen place, the substitute shallnot only tae over the share thatwould have passed to the institutedheir, but he shall be sub-ect to thesame charges and conditionsimposed upon such instituted heir.Exceptions: () =hen the testator has expresslyto the contrary"

(#) =hen the charges or conditionsare personally applicable only to theheir instituted.

1! *ideico++issarRe5uisites:

a. 6irst heir ( fid"ciar# ) called to thesuccession.

b. An obligation clearly imposed uponsuch first heir to preserve theproperty and to transmit it to thesecond heir.

c. econd heir ( fideicommissar# ) towhom the property is transmitted bythe first heir.

=ithout the obligation clearlyimposing upon the first heir the

preservation of the property and itstransmission to the second heir,there is no fideicommissarysubstitution (-a+adilla vs. / 334&/- 5)

NOTE: ending transmission of property,the fiduciary is entitled to all the rightsof a usufructuary, although thefideicommissary is entitled to all therights of a naed owner.

&i+itations:

a. ubstitution must not go beyond onedegree from the heir originallyinstituted.

b. 8egree9 means degree ofrelationship.

c. 6iduciary and fideicommissary mustbe living at the time of the death ofthe testator.

d. ubstitution must not burden thelegitime of compulsory heirs.

e. ubstitution must be madeexpressly.

A fideicommissary substitution isvoid if the first heir is not related inthe st degree to the second heir(-a*irez vs. da. e -a*irez 222&/- 0<4)

K! CON-ITIONA&B "O-A&TESTA"ENTAR# -IS$OSITIONSB AN-TESTA"ENTAR# -IS$OSITIONS %ITH ATER" (A1! 73B)







$!N!-L -%L!: !he institution of anheir may be made ) conditionally, #) fora term, or &) for a certain purpose orcause (modal). +onditions, terms, and

modes however, are not presumed" theymust be clearly expressed in the will.!he condition must fairly appear fromthe language of the will. 0therwise, it isnot binding.

L#B##ON&:. !he testator cannot impose any

charge, burden, encumbrance,condition, or substitutionwhatsoever upon the legiti*e ofco*pulsor heirs.

#. #*possi+le conditions and those

contrar to la7 or good custo*s arepresumed to have been imposederroneously or through oversight,thus, are considered as not imposed.

&. An a+solute condition not tocontract a first marriage is alwaysvoid and will be considered as notwritten.

4. An a+solute condition not tocontract a su+se?uent marriage isgenerally void, unless imposed upona widow or widower by the deceasedspouse or by the latter%s ascendants

or descendants. *ven so, however,the legiti*e of the surviving spousecannot +e i*paired .

An absolute condition not tocontract marriage when validlyimposed is resolutory in character.+onsequently, if the testatorinstitutes his wife as heir sub-ect tothe condition that she will nevermarry again, she immediatelyacquires a right to the inheritance

upon the death of testator, but ifshe violates the condition bycontracting a #nd marriage, she losesher right to said inheritance.

NOTE: 2owever, the following relativeconditions regarding marriage have beenconsidered as -alid and .indin:

a. generic condition to contractmarriage"

b. specific condition to contractmarriage with a determinateperson" and

c. specific condition not tocontract marriage with adeterminate person.

B. Any disposition made upon thecondition that the heir shall maesome provisions in his will in favor ofthe testator or of any other personshall be void ( disposicioncaptatoria).

C. +onditions imposed by the testatorupon the heirs shall be governed bythe rules established for conditionalobligations in all matters notprovided for by the law onsuccession.

Kinds o( Conditions. Potestative /ondition 5 depends

exclusively upon the will of the heir,devisee, or legatee, and must beperformed by him personally.

#. /ausal /ondition 5depends upon thewill of the heir, devisee, or legatee,but upon the will of a third person.

&. Bi,ed 5 depends -ointly upon the willof the heir, devisee, or legatee andupon chance and9or will of a thirdperson.

*ul(ill+ent o( Conditions:. Potestative /onditions must be

fulfilled after the death of thetestator (except when it has alreadybeen fulfilled and is of such naturethat it cannot be repeated)"

#. /ausal or *i,ed conditions may befulfilled either .efore or after suchdeath unless the testator hasprovided otherwise.

"O-A& INSTITUTION .INSTITUCION SU)"O-O2

Attachment by the testator to aninstitution of heir, or to a devise orlegacy, of a statement of the:a. o+ect of the institution"b. application of the property left

by testator" orc. charge imposed by him.

NOTES:







=hen in doubt as to whether there is

a condition or merely a *odeconsider the same as *ode.

=hen in doubt as to whether there is

a *ode or merely a suggestionconsider same only as a suggestion.

!he Mcondition% suspends but does

not obligate" the Mmode% o+ligatesbut does not suspend (for he whoinherits with a mode is already anheir" one who inherits conditionallyis not yet an heir)

-OCTRINE o( CONSTRUCTI7E*U&*I&&"ENT: =hen without the faultof the fault of the heir, an institucion

sub modo cannot tae effect in theexact manner stated by the testator, itshall be complied with in a manner mostanalogous to and in conformity with hiswishes.

NOTE:

8f the condition is casual, thedoctrine is not applicable since thefulfillment of the event whichconstitutes the condition isindependent of the will of the heir,devisee9legatee. 8f the condition is

potestative or mixed, the doctrine isapplicable.

&! &EGITI"ES (A1! C 5 D4)&EGITI"E

!hat part of the testator%s propertywhich he cannot dispose of becausethe law has reserved it for certainheirs who are, therefore, calledcompulsory heirs.

!he course of action to enforce alegitime accrues upon the death ofthe donor3decedent since it is onlythen that the net estate may beascertained and on which basis, thelegitime may be determined.(#*perial vs. / 326 &/- 323)

NOTE: 0ne half of the estate is alwaysreserved for the primary or secondarycompulsory heirs. !he other half is what

is termed under the ++ as the ;freeportion< from which the legitime of theconcurring compulsory heirs are taen.!his ;free portion< is different from the

;disposable free portion< over which thetestator has testamentary control. !he;disposable free portion< is that whichremains after the legitime has beencovered.

CO"$U&SOR# HEIRS .CH2

!hose for whom the legitime isreserved by law, and who succeedwhether the testator lies it or not.!hey cannot be deprived by thetestator of their legitime e,cept bydisinheritance properly effected.

Kinds o( Co+3ulsor Heirs:. $ri+ar 5 those who have

precedence over and e,clude other+2. *.g. $+.

#. Secondar 5 those who succeed onlyin the a+sence of the pri*ar +2.*.g. $A or 8.

&. Concurring 5 those who succeedtogether with the primary orsecondary +2. *.g. 8+ and .

I( the testator isa &EGITI"ATE

3erson

I( the testator isan I&&EGITI"ATE

3erson

. $egitimatechildren anddescendants($+)

. $egitimatechildren anddescendants($+)

#. 8n default ofthe foregoing,legitimateparents andascendants

($A)

#. 8llegitimatechildren anddescendants(8+)

&. urvivingspouse ()

&. 8n default ofthe foregoing,illegitimate

parents onl(8)

4. 8llegitimatechildren anddescendants(8+)

4. urvivingspouse ()





San Beda College of Law7"


NOTES:

ee ections 7 I of 1.A. BB#.

@y force of the 6amily +ode,

adopted children are deemed

legitimate children of the adopters.

@y force of the 6amily +ode, 8+

without distinction and so long astheir filiation is duly established orproved in accordance with law, areeach entitled to 9# of the legitimeof a $+, thus abrogating the B:4 ratiobetween ;natural< and ;non3natural< 8+.

RU&ES:. irect descending line

a. 1ule of preference between linesb. 1ule of proximityc. 1ight of representation ad

infinitu* in case of predecease,incapacity, or disinheritance ($+:$ only" 8+: both $ and 8)

d. 8f all the $+ repudiate theirlegitime, the next generation of$ succeed in their own right

#. irect ascending linea. 1ule of division by linesb. 1ule of equal division

&. on3impairment of legitime

TA)&E O* &EGITI"ES/1801 $*?8!8'* 0!*

$+ N ivide by theO of $+,whether theysurvive aloneor withconcurring+2.

$+

NP

# or more$+

Nequal to $+

$+8+

NN of $+

$+8+

NPN of $+

All theconcurring +2get from thehalf freeportion, the

share of the havingpreferenceover that ofthe 8+, whose

share maysufferreduction prorata becausethere is nopreferenceamongthemselves.

$A N =hether theysurvive aloneor withconcurring+2.

$A8+

NP

8+ succeed inthe P inequal shares.

$A

NP

$A8+

N9P

8+ N ivide equallyamong the 8+.

8+

9&9&

N 9& ifmarriage is inarticulomortis anddeceasedspouse dieswithin & mos.after themarriage.

8 N

8Any child

3excluded38t depends

+hildreninherit in theamountsestablished inthe foregoingrules.





San Beda College of Law7#


8

PP

0nly theparents are of8+ areincluded.

?randparentsand otherascendantsare excluded.

STE$S IN -ETER"INING THE &EGITI"EO* CO"$U&SOR# HEIRS:. etermination of the ross -al"e of

the estate at the time of the deathof the testator"

#. etermination of all de.ts andc/ares which are chargeableagainst the estate"

&. etermination of the net value ofthe estate by deducting all the debtsand charges from the gross value ofthe estate"

4. Collation or addition of the value ofall donations inter vivos to the netvalue of the estate"

B. etermination of the amount of theleitime from the total thus found"

C. Imp"tation of the value of alldonations inter vivos made tocompulsory heirs against theirlegitime and of the value of alldonations inter vivos made tostrangers against the disposable freeportion and restoration to thehereditary estate if the donation isinofficious" and

7. Distri."tion of the residue of theestate in accordance with the will ofthe testator

CO&&ATION

. 6ictitious mathematical process ofadding the value of the thingdonated to the net value of thehereditary estate (Art. DF and Arts.FC3F77).

#. Act of charging or imputing suchvalue against the legitime of thecompulsory heir to whom the thingwas donated (Arts. FC3F77).

&. Actual act of restoring to thehereditary estate that part of thedonation which is inofficious in order

not to impair the legitime ofcompulsory heirs.

RESER7A TRONCA& (A1! D)

!he reservation by virtue of whichan ascendant who inherits from hisdescendant any property which thelatter may have acquired bygratuitous title from anotherascendant or a brother or sister, isobliged to reserve such property forthe benefit of relatives who arewithin the &rd degree and who belongto the line from which such propertycame.

8t constitutes as an e,ception toboth the system of legitime and the

order of intestate succession.$ur3oses:. !o reserve certain property in favor

of certain persons"#. !o prevent persons outside a family

from acquiring, by some chance oraccident, property which otherwisewould have remained with the saidfamily"

&. !o maintain a separation betweenpaternal and maternal lines.

NOTE: +onsidering the rationale forreserva troncal which is to ultimately

revert ownership of property thatoriginally belongs to a line of relativesbut which by force of law passes to adifferent line, the reserva would have noreason to arise where the ascendantswho acquire the property themselvesbelong to the line of relatives fromwhich the property was, in turn,acquired by the descendant.

Re5uisites:. !he property should have been

acquired by operation of law by anascendant (reser-ista) from hisdescendant ( proposit"s) upon thedeath of the latter.

#. !he property should have beenpreviously acquired by gratuitoustitle by the descendant ( proposit"s)from another ascendant or from abrother or sister (oriinator ).

&. !he descendant ( proposit"s) shouldhave died without any legitimateissue in the direct descending linewho could inherit from him.





San Beda College of Law7$


$ersonal ele+ents:. Oriinator 5 the ascendant, or

brother or sister from whom the

propositus had acquired the propertyby gratuitous title (e.g. donation,remission, testate or intestatesuccession)"

#. +roposit"s 5 the descendant who diedand from whose death the reservistain turn had acquired the property byoperation of law (e.g. by way oflegitime or intestate succession). !heso3called ;arbiter of the fate of thereserva troncal.<

&. Reser-ista 5 the ascendant, notbelonging to the line from which the

property came (Kustice itug) that isthe only compulsory heir and isobliged to reserve the property.

NOTE: r. !olentino is of the view thateven if the reservista and the originatorbelong to the sa*e line, there is still anobligation to reserve.4. Reser-atarios 5 the relatives of the

propositus within the &rd degree andwho belong to the line from whichthe property came and for whosebenefit the reservation isconstituted. !hey must be related by

blood not only to the propositus butalso to the originator.

NOTE: ll personal ele*ents *ust +e oined + +onds of legiti*aterelationship.

NOTE: 8n determining the right of thereservatarios over the reservableproperty, there are events to consider:. Deat/ of proposit"s: all qualified

reservatarios acquire an inchoateright. -eservista o7ns the propertsu+ect to a resolutor condition.

#. Deat/ of reser-ista: survivingreservatarios acquire a perfect right.

NOTE: !he ++ did not provide for therules on how the reservatarios wouldsucceed to the reservista. 2owever, thefollowing rules on intestacy have beenconsistently applied:

a. 1ule of preference between linesb. 1ule of proximity

c. 1ight of representation( provided that therepresentative is a relative ofthe descendant3 propositus

within &rd

degree, and that hebelongs to the line from whichthe reservable property came)

d. ;6ull blood9double share< rulein Art. FFC

roperty sub-ect to reservation:must be the same property whichthe reservista had acquired byoperation of law from propositusupon the death of the latter andwhich the latter, in turn hadacquired by gratuitous title during

his lifetime from another ascendant,brother9sister.

Obligations o( Reser9ista:() !o mae an inventory of all

reservable property"(#) !o appraise value of all

reservable movable property"(&) !o annotate in 1egistry of

property the reservablecharacter of all reservableimmovable property"

(4) !o secure by mortgage (a)

restitution of movables notalienated, (b) payment ofdamages caused by his fault ornegligence, (c) return of pricereceived for movables alienatedand (d) payment of value ofimmovable alienated.

A reservatorio may dispose of his

e,pentanc to the reservableproperty during pendency of thereserve in its uncertain and

conditional form. 8f he dies beforethe reservista, he has nottransmitted anything, but if hesurvives such reservista, thetransmission shall become effective.

7ill *a prevent the constitutionof a reserva. 8n case of testatesuccession, only the legitime passesby operation of law. !he propositusmay, + 7ill, opt to give thelegitime of his ascendant without







giving to the latter properties he hadacquired by gratuitous title fromanother ascendant, or brother orsister. #n such case a reserva

troncal is avoided .2owever, if the ascendant was

not disentitled in the will to receive suchproperties, the reser-a minima rule( proportional reserva) should befollowed. !he rule holds that allproperty passing to the reservista mustbe considered as passing partly byoperation of law and partly by will of thepropositus. !hus, one half of theproperties acquired by gratuitous titleshould be reservable, and the other halfshould be free.

Causes (or Extinguish+ent o( Reser9aTroncal:1. eath of reservatarios"2. eath of all relatives of propositus

within the &rd degree who belong tothe line from which the propertycame"

3. $oss of the reservable property forcauses not due to the fault ornegligence of the reservista.

4. =aiver or renunciation by thereservatarios"

5. rescription of the right of thereservatarios, when the reservistaholds the property adversely againstthem in the concept of an absoluteowner"

6. 1egistration by the reservista of theproperty as free property under the$and 1egistration Act

"! -ISINHERITANCE (A1! DB 5 D#&)

A testamentary disposition by whicha person is deprived of, or excludedfrom, the inheritance to which hehas a right.

A disinheritance properly effectedtotally excludes the disinherited heirfrom the inheritance. !hedisinherited heir is deprived not onlyof the legiti*e but also of such partof the free portion that would havepassed to him by a previous will(which is revoed, as inconsistentwith, the subsequent disinheritance)or by intestate succession.

Re5uisites:. *ffected only through a valid will"#. 6or a cause expressly stated by law"

&. +ause must be stated in the willitself"4. +ause must be certain and true"B. /nconditional"C. !otal" and7. !he heir disinherited must be

designated in such a manner thatthere can be no doubt as to hisidentity.

E((ects o( -isinheritance:

1. eprivation of the compulsory heirwho is disinherited of any

participation in the inheritanceincluding the legitime.

2. !he children9descendants of theperson disinherited shall tae his orher place and shall preserve therights of compulsory heirs withrespect to the legitime.

3. !he disinherited parent shall not

have the usufruct or administrationof the property which constitutesthe legitime.

I"$ER*ECT -ISINHERITANCE A disinheritance which does not haveone or more of the essentialrequisites for its validity.

E((ects:. 8f testator had made disposition of

the entire estate: annulment of thetestamentary dispositions only in sofar as they pre-udice the legitime ofthe person disinherited" does notaffect the dispositions of thetestator with respect to the freeportion.

#. 8f testator did not dispose of the freeportion: compulsory heir is given allthat he is entitled to receive as ifthe disinheritance has not beenmade, without pre-udice to lawfuldispositions made by the testator infavor of others.

&. evises, legacies and othertestamentary dispositions shall bevalid to such extent as will notimpair the legitime.







I"$ER*ECT-ISINHERITANCE

$RETERITION

. !he persondisinherited may beany compulsory heir

. !he personomitted must be acompulsory heir inthe direct line

#. Always express #. Always implied

&.Always intentional &. 'ay beintentional orunintentional

4. *ffect: artialannulment of

institution of heirs

4. *ffect: !otalannulment of

institution of heirs

Co++on Causes (or -isinheritance o(children or descendantsB 3arents orascendantsB and s3ouse:. =hen the heir has been found guilty

of an attempt against the life of thetestator, his9her descendants orascendants, and spouse in case ofchildren and parents"

#. =hen the heir has accused thetestator of a crime for which the lawprescribes imprisonment for C years

or more, if the accusation has beenfound groundless"

&. =hen the heir by fraud, violence,intimidation, or undue influencecauses the testator to mae a will orto change one already made"

4. 1efusal without -ustifiable cause tosupport the testator who disinheritssuch heir.

$eculiar Causes (or -isinheritance1. Children-escendants:

a. =hen the child9descendant has

been convicted of adultery orconcubinage with the spouse ofthe testator"

b. 'altreatment of the testator byword or deed by thechild9descendant"

c. =hen the child9descendant leadsa dishonorable or disgracefullife" +onviction of a crime whichcarries with it a penalty of civilinterdiction.

2. $arentsAscendants:

a. =hen the parents haveabandoned their children orinduced their daughters to live acorrupt or immoral life, orattempted against their virtue"

b. =hen the parent9ascendant hasbeen convicted of adultery orconcubinage with the spouse ofthe testator"

c. $oss of parental authority forcauses specified in the +ode" and

d. Attempt by one of the parentsagainst the life of the other,

unless there has beenreconciliation between them.

3. S3ouse:a. =hen the spouse has given

cause for legal separation" =henthe spouse has given grounds forthe loss of parental authority.

Re9ocation o( -isinheritance:. 1econciliation"#. ubsequent institution of the

disinherited heir" and&. ullity of the will which contains the

disinheritance.

NOTE: 0nce disinheritance has beenrevoed or rendered ineffectual, itcannot be renewed except for causessu+se?uent to the revocation or basedon ne7 grounds.

RECONCI&IATION

8t is the resumption of genuinecordial relationship between thetestator and the disinherited heir,approximating that which prevailedbefore the testator learned of thecause for disinheritance, reciprocallymanifested by their actionssubsequent to the act ofdisinheritance.

A subsequent reconciliation betweenthe offender and the offendedperson deprives the latter of theright to disinherit, and rendersineffectual any disinheritance thatmay have been made. (Art. D##)







NOTES: 'ere civilit which may characteriJe

their relationship, a conduct that isnaturally expected of every decentperson, is not enough.

8n order to be effective, the testatormust pardon the disinherited heir.uch pardon must specifically referto the heir and to the acts causingthe disinheritance. he heir *ustaccept the pardon.

o particular form is required. 8t

may be made expressly or tacitly.

NOTE: =here the cause fordisinheritance is liewise a ground forun7orthiness to succeed, what is theeffect of a subsequent reconciliationupon the heir%s capacity to succeedQ. #f disinheritance has +een *ade:

1ule on reconciliation applies. !hedisinheritance becomes ineffective.

#. #f disinheritance has not +een *ade:1ule on reconciliation does notapply. !he heir continues to be

incapacitated to succeed unlesspardoned by the testator under Art.F&&. !he law effects thedisinheritance.

N! &EGACIES AN- -E7ISES (A1!. D#4 5DBD)

$ersons charged 8ith legacies andde9ises:() compulsory heir"(#) voluntary heir"(&) legatee or devisee"

(4) estate

NOTES:

8f the will is silent with regard to theperson who shall pay or deliver thelegacy9devise, there is apresumption that such legacy ordevise constitutes a charge againstthe decedent%s estate.

ince legacies and devises are to betaen from the disposable free

portion of the estate, thus, theprovisions on institution of heirs aregenerally applicable to them.

STATUS O*$RO$ERT# GI7EN )#

&EGAC#-E7ISE

E**ECT ON THE&EGAC#-E7ISE

. @elonging to thetestator at the time ofthe execution of thewill until his death

*ffective

#. @elonging to thetestator at the time ofthe execution of the

will but alienated infavor of a &rd person

1evoed

&. @elonging to thetestator at the time ofthe execution of thewill but alienated infavor of thelegatee9devisee

gratuitousl

o revocation.!here is a clearintention tocomply withlegacy or devise.

4. @elonging to thetestator at the time ofthe execution of the

will but alienated infavor of the legatee ordevisee onerousl

$egatee9deviseecan demandreimbursement

from the heir orestate

B. ot belonging to thetestator at the timethe will is executed buthe has ordered that thething be acquired inorder that it be givento the legatee9devisee

*ffective

C. ot belonging to thetestator at the time

the will is executedand the testatorerroneously believedthat the thingpertained to him

oid

7. ot belonging to thetestator at the timethe will is executed butafterwards becomes hisby whatever title

*ffective







. Already belonged tothe legatee9devisee atthe time of theexecution of the willeven though anotherperson may haveinterest therein

8neffective

D. Already belonged tothe legatee or deviseeat the time of theexecution of the willeven though it mayhave beensubsequently alienatedby him

8neffective

F.!estator had

nowledge that thething bequeathedbelonged to a thirdperson and thelegatee9deviseeacquired the property

gratuitousl after theexecution of the will

$egatee9devisee

can claim nothingby virtue of thelegacy9devise

.!estator hadnowledge that thething bequeathedbelonged to a thirdperson and the

legatee9deviseeacquired the propertyby onerous title

$egatee9deviseecan demandreimbursementfrom the heir orestate

ART! 0<< ART! 0@=

Order o(3re(erence:

($80)

Order o( 3re(erence:(1*0)

. &egitime ofcompulsoryheirs

#. onations intervivos

&. $referentiallegacies ordevices

4. All otherlegacies ordevices prorata

. Remuneratory $9#.$referential $9&.$ for support4.$ for educationB.$9 of a specific,

determinate thingwhich forms a partof the estate

All others pro rata

A33lication: A33lication:

() =hen thereduction isnecessary topreserve the

legitime ofcompulsory heirsfrom impairmentwhether there are

() =hen there are nocompulsory heirs andthe entire estate isdistributed by the

testator as legaciesor devises" or

donations intervivos or not" or (#) =hen,although, thelegitime has beenpreserved by thetestator himselfthere aredonations inter

vivos.

(#) =hen there arecompulsory heirs buttheir legitime hasalready beenprovided for by thetestator and thereare no donationsinter vivos.

NOTES:

8n case of reduction in the abovecases, the inverse order of paymentshould be followed.

=hen the question of reduction is

exclusively among legatees anddevisees themselves, rticle ;5<governs" but when there is a conflict

between compulsory heirs anddevisees and legatees, rticle ;22applies.

GROUN-S *OR RE7OCATION O*&EGACIES AN- -E7ISES (A1! DB7). !estator transfor*s the thing

bequeathed in such a manner that itdoes not retain either the form orthe denomination it had.

#. !estator by any title or for any causealienates the thing bequeathed, or

any part thereof, it being understoodthat in the latter case the legacy ordevise shall be without effect onlywith respect to the part alienated.!,cept: when the thing should againbelong to the testator afteralienation.

&. !hing bequeathed is totall lostduring the lifetime of the testator,or after his death without the heirsfault







4. 0ther causes: nullity of the will"noncompliance with suspensiveconditions affecting the bequests"

sale of the thing to pay the debts ofthe deceased during the settlementof his estate.

NOTE: $8! 8 0! *E+$/8*

II! &EGA& OR INTESTATESUCCESSION

!hat which is effected by operationof law in the absence or default of awill.

CAUSES O* INTESTAC#1. 8f a person dies without a will, or

with a void will, or one which hassubsequently lost its validity"

2. Absence of an institution of heir"3. artial institution of heir. 8n such

case, intestacy taes place as to theundisposed portion (mixedsuccession)"

4. on3fulfillment of suspensivecondition attached to the institutionof heir"

5. redecease of the instituted heir"6. 1epudiation by the instituted heir"7. 8ncapacity of instituted heir"8. reterition. 8ntestacy may be total

or partial depending on whether ornot there are legacies9devises"

9. 6ulfillment of resolutory condition"10. *xpiration of term or period of

institution"11. on3compliance or impossibility of

compliance with the will.

NOTE: 8n all cases where there has been

an institution of heir, follo7 the#.&.-..#. order of Kustice aras. 8f theI nstitution fails, Substitution occurs. 8fthere is no substitute, the right ofRepresentation applies in the directdescending line to the legitime if thevacancy is caused by predecease,incapacity, or disinheritance. !he rightof Accretion applies to the free portionwhen the requisites in Art. FC arepresent. 8f there is no substitute, andthe right of 1epresentation or Accretion

does not apply, the rules on I ntestatesuccession shall tae over.

A! RU&ES

1. Rule o( $re(erence bet8een lines !hose in the direct descending

line shall exclude those in thedirect ascending and collaterallines, and those in the directascending line shall, in turn,exclude those in the collateralline.

2. Rule o( $roxi+it

!he relative nearest in degreeexcludes the more distant ones,saving the right ofrepresentation when it properly

taes place. !his rule is sub-ect to the rule of

preference between lines.3. Rule o( E5ual -i9ision

1elatives in the sa*e degreeshall inherit in equal shares.

!"/!P#ON&:a) ivision in the ascending line

(between paternal and maternalgrandparents)"

b) ivision among brothers andsisters, some of whom are of the

full and others of half blood" andc) ivision 8n cases where the rightof representation taes place.

NOTE: !his rule is sub-ect to therule of preference between lines.

4. Rule o( )arrier bet8een thelegiti+ate (a+il and theillegiti+ate (a+il

!he illegitimate family cannotinherit + intestate successionfrom the legitimate family andvice3versa.

B. Rule o( -ouble Share (or (ull blood

collaterals =hen full and half3blood

brothers or sisters, nephews ornieces, survive, the full bloodshall tae a portion in theinheritance double that of thehalf3blood.

NOTE: 8n case of a disposition made ingeneral terms under Article DBD, onlythe 1ule of roximity applies.







)! RE&ATIONSHI$ (A1!. DC& 5 DCD). umber of generations determines

proximity.#. *ach generation forms a degree.

&. A series of degrees forms a line.4. A line may be direct or collateral. A

direct line is that constituted by theseries of degrees among ascendantsand descendants (ascending anddescending).

B. A collateral line is that constitutedby the series of degrees amongpersons who are not ascendants ordescendants, but who come from acommon ancestor.

C. 6ull blood: same father and mother"half blood: only one of either parent

is the same.7. 8n adoption, the legal filiation is

personal and exists only between theadopter and the adopted. !headopted is deemed a legitimate childof the adopter (A), but still remainsas an intestate heir of his naturalparents and other blood relatives.

C! RIGHT O* RE$RESENTATION .RR2(A1!. D7F 5 D77)

A right created by fiction of law, byvirtue of which the representative is

raised to the place and degree of theperson represented, and acquiresthe rights which the latter wouldhave if he were living or if he couldhave inherited. !he representativeis called to the succession by the lawnot by the person represented. 2esucceeds the one whom the personrepresented would have succeeded.

NOTES:

8n the direct line, representation

taes place ad infinitu* in thedirect descending line, never in theascending.

8n the collateral line, representation

taes place only in favor of thechildren of brothers or sisters(nephews and nieces), whether ofthe full or half3blood, and only ifthey concur with at least uncle oraunt.

<! Testa+entar Succession

a) =hen a compulsory heir in thedirect descending line had

predeceased the testator andwas survived by his children or

descendants.b) =hen a compulsory heir in the

direct descending line isexcluded from the inheritancedue to incapacit orun7orthiness and he haschildren or descendants.

c) =hen a compulsory heir in thedirect descending line isdisinherited and he has childrenor descendants" representationcovers only the legitime.

d) A legatee9devisee who died

after the death of the testatormay be represented by his heirs.

! Intestate Successiona) =hen a legal heir in the direct

descending line had predeceasedthe decedent and was survivedby his children or descendants.

b) =hen a legal heir in the directdescending line is excluded fromthe inheritance due toincapacit or un7orthiness andhe has children or descendants.

c) =hen brothers or sisters had predeceased the decedent andthey had children ordescendants.

d) =hen illegiti*ate childrenrepresent their illegitimateparents who already died in theestate of their grandparents.

e) =hen nephe7s and nieces inherittogether with their uncles andaunts in representation of theirdeceased parents who are thebrothers or sisters of said unclesand aunts.

-! INTESTATE OR &EGA& HEIRS

!hose who are called by law to thesuccession either in the absence of awill or of qualified heirs, and whoare deemed called based on thepresumed will of the decedent.

REGU&AR OR-ER O* SUCCESSION.-ecedent is a legiti+ate 3erson2:







. $egitimate children or descendants($+)

#. $egitimate parents or ascendants($A)

&. 8llegitimate children or descendants(8+)

4. urviving spouse ()B. @rothers and sisters, nephews and

nieces (@9)C. 0ther collateral relatives within the

Bth degree (+B)7. tate

IRREGU&AR OR-ER O* SUCCESSION.-ecedent is an illegiti+ate 3erson2:

. $egitimate children or descendants($+)#. 8llegitimate children or descendants(8+)&. 8llegitimate parents (8)4. urviving spouse ()B. @rothers and sisters, nephews and

nieces (@9)C. tate

OR-ER O* CONCURRENCE. $+, 8+, and

#. $A, 8+, and &. 8+ and 4. and 8B. @9 and C. +B (alone)7. tate (alone)

TA)&E O* INTESTATE SHARES

/1801 8!*!A!* 2A1*Any classalone

*ntire estate

$+

9#9#(iongson vs. /inco 04&/- 221)

# or more $+

+onsider as $+,then divide estate bytotal number.

$A

9#9#

$A8+

9#9494

8

9#9#(he la7 is silent. pplconcurrence theor.)

@9

9#

9# $+8+

6irst, satisfy legitimes.*state would beinsufficient. 1eductionmust be made accordingto the rules onlegitimes. !he legitimesof $+ and shallalways be first satisfiedin preference to the 8+.

# or more $+8+

6irst, satisfy legitimes.!here would be anexcess in the estate.istribute such excess in

the proportion :#:#, inaccordance with theconcurrence theor .

OR-ER O* CONCURRENCE IN THE CASEO* A-O$TE- CHI&-

SUR7I7ORS SHARE. $A98

A N N

#. $A98A

N

N

&. $A A 8+

N

N

4. $A A 8+

9&

9& 9&

CAR-INA& $RINCI$&ES O* INTESTATESUCCESSION .ustice $aras2

. *ven if there is an order of intestatesuccession, the +ompulsory 2eirs.CH) are never excluded. !he +ivil+ode follows the concurrencetheory, not the exclusion theory.

#. 1ight of 1epresentation .RR ) in thecollateral line occurs only inintestate succession, never intestamentary succession because avoluntary heir cannot be represented(collateral relatives are not +2).





San Beda College of Law"


&. !he intestate shares are either equalto or greater than the legitime.

4. $!N!-L -%L!: ?randchildrenalways inherit by 11, provided

representation is proper. !"/!P#ON: =henever all thechildren repudiate, thegrandchildren inherit in their ownright because 11 would not beproper.

B. ephews and nieces inherit either by11 or in their 0wn 1ight (OR ).a. 11: when they concur with aunts

and uncles (provided that 11 isproper)

b. 01: when they do not concurwith aunts and uncles.

C. 8+ of legiti*ates cannot representbecause of the barrier, but both the8+ and $+ of illegiti*ates can.

7. !here can be reserva troncal inintestate succession.

. A renouncer can represent, butcannot be represented.

D. A person who cannot represent anear relative cannot also represent a

relative farther in degree.

III! "I6E- SUCCESSION OR$ARTIA& INTESTAC#

uccession that is effected partly bywill and partly by operation of law.

RU&ES:. !he law of legitimes must be brought

into operation in partial intestacy,because the testamentary

dispositions can affect only thedisposable free portion but never thelegitimes.

#. 8f among the concurring intestateheirs there are compulsory heirs,whose legal or intestate portionsexceed their respective legitimes,then the amount of thetestamentary disposition must bededucted from the disposable freeportion, to be borne by all theintestate heirs in the proportions

that they are entitled to receivefrom such disposable free portion asintestate heirs.

&. 8f the intestate share of a

compulsory heir is equal to hislegitime, then the amount of thetestamentary disposition must bededucted only from the intestateshares of the others, in theproportions stated above.

4. 8f the testamentary dispositionsconsume the entire disposable freeportion, then the intestate heirs whoare compulsory heirs will get onlytheir legitime, and those who arenot compulsory heirs will getnothing.

I7! $RO7ISIONS CO""ON TOTESTA"ENTAR# AN- INTESTATESUCCESSIONS

A! RIGHT O* ACCRETION .A2(A1! FB 5 F#&)

A right by virtue of which, when twoor more persons are called to thesame inheritance, devise or legacy,the part assigned to one whorenounce or cannot receive hisshare, or who died before testator,is added or incorporated to that ofhis co3heirs, co3devisees, or co3legatees.

A right based on the presumed willof the deceased that he prefers togive certain properties to certainindividuals, rather than to his legalheirs.

Re5uisites:

. # or more persons must have beencalled to the same inheritance,legacy or devise, or to the sameportion thereof, pro indiviso" and

#. there must be a vacancy in theinheritance, legacy or devise(caused b 3redeceaseB inca3acitBre3udiationB non(ul(ill+ent o(sus3ensi9e condition or 9oid orine((ecti9e testa+entardis3ositions!2





San Beda College of Law#


E**ECTS o( $RE-ECEASEB INCA$ACIT#B-ISINHERITANCEB or RE$U-IATION inboth TESTA"ENTAR# and INTESTATESUCCESSION

CAUSE O*7ACANC# TESTA"ENTAR#SUCCESSION INTESTATESUCCES'SION.IS2

&egiti+e *ree$ortion

$redecease . 11#. 8

. A#. 8

. 11#. 8

Inca3acit 11#.8

A8

.11#.8

-isinheri'tance

.11#.8

R R

Re3udia'tion

8 A A

Su++ar:.A2 In

testa+entar succession:() $egitime:

(a) 8n case of predecease of anheir, there isrepresentation if there arechildren or descendants" ifnone, the others inherit intheir own right.

(b) 8n case of incapacity,results are the same as inpredecease.

(c) 8n case of disinheritance,results are the same as in

predecease.(d) 8n case of repudiation by an

heir, the others inherit intheir own right.

(#) isposable free portion:Accretion taes place whenrequisites are present" but ifsuch requisites are not present,the others inherit in their ownright.

.)2 In intestate succession:() 8n case of predecease, there is

representation if there are childrenor descendants" if none, the othersinherit in their own right.

(#) 8n case of incapacity, results are thesame as in predecease.

(&) 8n case of repudiation, there isalways accretion.

)! CA$ACIT# TO SUCCEE- )# %I&& OR)# INTESTAC# (A1!. F#4 5 F4F)

Re5uisites:1. !he heir, legatee9devisee must be

living or in existence at the momentthe succession opens" and

2. 2e must not be incapacitated ordisqualified by law to succeed.

THE *O&&O%ING ARE INCA$A)&E O*SUCCEE-ING:A! )ased on Undue In(luence orInterest: (8?1A)1. $riest who heard the confession of

the testator during his last illness, orthe minister of the gospel whoextended spiritual aid to him duringthe same period"

2. Individuals, associations and

corporations not permitted by law toinherit"

3. Guardian with respect totestamentary dispositions given by award in his favor before the finalaccounts of the guardianship havebeen approved, even if the testatorshould die after the approvalthereof" nevertheless, any provisionmade by the ward in favor of theguardian when the latter is hisascendant, descendant, brother,sister, or spouse, shall be valid"

4. Relatives of such priest or ministerof the gospel within the 4 th degree,the church, order, chapter,community, organiJation orinstitution to which such priest orminister may belong"

5. Attesting witness to the execution ofa will, the spouse, parents orchildren, or any one claiming undersuch witness, spouse, parents orchildren" and

6. $hysician, surgeon, nurse, healthofficer or druggist who too care ofthe testator during his last illness.

)! )ased on "oralit or $ublic $olic(A1! 7&D). !hose made in favor of a person with

whom the testator was guilty ofadultery or concubinage at the timeof the maing of the will.

#. !hose made in consideration of acrime of which both the testator andthe beneficiary have been foundguilty.





San Beda College of Law$


&. !hose made in favor of a publicofficer or his spouse, descendants andascendants, by reason of his publicoffice

C! )ased on Acts o( Un8orthiness(A46&)1. arents who have abandoned their

children or induced their daughtersto lead a corrupt or immoral life, orattempted against their virtue"

2. Any person who has been convictedof an attempt against the life of thetestator, his9her spouse,descendants or ascendants"

3. Any person who has accused thetestator of a crime for which the law

prescribes imprisonment for C yearsor more, if the accusation has beenfound groundless"

4. Any person convicted of adultery orconcubinage with the spouse of thetestator"

5. Any heir of full age who, havingnowledge of the violent death ofthe testator, should ( ail to report itto an officer of the law within amonth, unless the authorities havealready taen action" this prohibitionshall not apply to cases wherein,

according to law, there is noobligation to mae an accusation"

6. Any person who by ( raud, violence,intimidation, or undue influenceshould cause the testator to mae awill or to change one already made"

7. Any person who ( alsifies or forges asupposed will of the decedent" and

8. Any person who by the same means3revents another from maing a will,or from revoing one already made,or who supplants, conceals, or altersthe latterGs will.

NOTE: !he moment the testator usesone of the acts of unworthiness as acause for disinheritance, he therebysubmits it to the rules on disinheritance.!hus, reconciliation renders thedisinheritance ineffective.

$AR-ON O* ACTS O* UN%ORTHINESS

E6$RESS I"$&IE-. made by theexecution of a

. effected whentestator maes a

document or anywriting in which thedecedent condonesthe cause ofincapacity

will instituting theunworthy heir withnowledge of thecause of incapacity

#. cannot berevoed

#. revoed whenthe testatorrevoes the will orthe institution

C! ACCE$TANCE AN- RE$U-IATION O*INHERITANCE (A1!. F4 5 FB7)

Characteristics: (81). 7oluntary and free#. Irrevocable, except if there is

vitiation of consent or an unnownwill appears

&. Retroactive

Re5uisites:. certainty of the death of the

decedent#. certainty of the right to the

inheritance

Acceptance vs. 1epudiation:() Acceptan

ce involves the confirmation oftransmission of successional rights,while repudiation renders suchtransmission ineffective.

(#) 1epudiation is equivalent to an act ofdisposition and alienation.

(&) !hepublicity required for repudiation isnecessary for the protection of otherheirs and also of creditors.

*or+ o( Acce3tance. *xpress Acceptance 5 one made in a

public or private document.#. !acit Acceptance 5 one resulting fromacts by which the intention toaccept is necessarily implied orwhich one would have no right to doexcept in the capacity of an heir

Tacit acce3tance is pres"med (ro+certain acts o( the heir as:. =hen heir sells, donates, or assigns

his right.







#. =hen heir renounces it for thebenefit of one or more heirs.

&. =hen renunciation is in favor of allheirs indiscriminately for

consideration4. 0ther acts of tacit acceptance

a. heir demands partition of theinheritance

b. heir alienates some ob-ects ofthe inheritance

c. /nder Art FB7, failure to signifyacceptance or repudiation within&F days after an order ofdistribution by the probatecourt.

1*/8A!80 must be made in a

pu+lic instru*ent (acnowledgedbefore a notary public) or authenticdocu*ent (equivalent of anindubitable writing or a writingwhose authenticity is admitted orproved) or by petition presented tothe court having -urisdiction over thetestamentary or intestateproceeding.

Reason (or (or+alit: $aw considersthat the act of repudiation is moresolemn than the act of acceptanceand that repudiation produces amore violent and disturbingconsequences.

Heir in t8o ca3acities: An heir who

is such by will and by law, and herepudiates the inheritance as atestamentary heir, will beconsidered to have repudiated theinheritance as a legal heir. @ut when

an heir repudiates as a legal heir, hemay later on accept as atestamentary heir.

-! CO&&ATION (A1!. FC3F77)

*very compulsory heir, who succeedswith other compulsory heirs mustbring into the mass of the estate anyproperty or right which he mayreceived from the decedent, duringthe lifetime of the latter, by way ofdonation, or any other gratuitous

title, in order that it may becomputed in the determination ofthe legitime of each heir, and in theaccount of partition. (Art. FC)

An act of returning or restoring tothe common mass of the estate,either actually or fictitiously, anyproperty which a person may havereceived from the decedent duringthe latter%s lifetime, but which isunderstood for legal purposes as anadvance from inheritance.

O$ERATIONS RE&ATE- TO CO&&ATION. +ollation 5 adding to the mass of the

hereditary estate the value of thedonation or gratuitous disposition

#. 8mputing or +harging 5 crediting thedonation as an advance on thelegitime (if the donee is acompulsory heir) or on the freeportion (if the donee is a stranger)

&. 1eduction 5 determining to whatextent the donation will remain andto what extent it is excessive orinofficious.

4. 1estitution 5 return or payment ofthe excess to the mass of hereditaryestate.

$ersons obliged to collate

1. $!N!-L -%L!: compulsory heirs

!"/!P#ON&:a. =hen the testator should have

so expressly provided" andb. =hen the compulsory heir should

have repudiated his inheritance#. ?randchildren who survive with their

uncles, aunts, or st cousins, andinherit by right of representation.

NOTE: ?randchildren may inherit fromgrandparent in their own right (i.e. heirsnext in degree) and not by right ofrepresentation if their parent repudiatesthe inheritance of the grandparent, asno living person can be representedexcept in cases of disinheritance andincapacity. #n such case grandchildrenare not o+liged to +ring to collation7hat their parent has received

gratuitousl fro* their grandparent)

%hat to collate:







. Any property or right received bygratuitous title during the testator%slifetime

#. All that they may have received from

the decedent during his lifetime&. All that their parents would have

brought to collation if alive

$ro3erties not subDect to collation .nd

conce3t2:1. Absolutely no collation (all

concepts):a. *xpenses for support, education

(ele*entar and secondaronl), medical attendance, evenin extraordinary illness,apprenticeship, ordinary

equipment, or customary gifts(Art. FC7).

2. ?enerally not imputable to legiti*e:a. *xpenses incurred by parents in

giving their childrenprofessional, vocational or othercareer unless the parents soprovide, or unless they impairthe legitime.

b. =edding gifts by parents andascendants consisting of-ewelry, clothing, and outfitexcept when they exceed 9F

of the sum disposable by will.

E! $ARTITION AN- -ISTRI)UTION O*ESTATE (A1!. F7 5 FB)

8t is the separation, division andassignment of a thing held incommon among those to whom itmay belong. 8t includes every actwhich is intended to put an end toindivision among co3heirs, andlegatees or devisees, although itshould purport to be a sale,exchange, compromise, or any othertransaction. 8t is not sub-ect to anyform.

%ho +a effect 3artition:. decedent himself during his lifetime

by an act inter vivos or by will"#. heirs themselves"&. competent court"4. &rd person designated by the

decedent.

%ho can demand 3artition:

. compulsory heir"#. voluntary heir"&. legatee or devisee"4. any person who has acquired interest

in the estate.

%hen 3artition cannot be de+anded:(A/). when expressly 3rohibited by the

testator himself for a period notexceeding #F years"

#. when the co3heirs agreed that theestate shall not be divided for aperiod not exceeding F years,renewable for another F years"

&. when 3rohibited by law"4. when to partition the estate would

render it unserviceable for the usefor which it is intended.

$rohibition to $artition. !he prohibition to partition for a

period not e,ceeding #F years can beimposed on the legitime.

#. 8f the prohibition to partition is formore than #F years, the e,cess isvoid.

&. *ven if a prohibition is imposed, theheirs by mutual agreement can stillmae the partition.

$ARTITION INTER 7I7OS (A1! FF)

8t is one that merely allocatesspecific items or pieces of propertyon the basis of the pro3indivisoshares fixed by law or given underthe will to heirs or successors.

NOTE: artition is not itself a mode ofacquiring ownership, nor a titletherefore. !his partition, beingpredicated on succession, necessitatesrelationship to the decedent (in case ofintestacy) or a will duly probated (incase of testacy). A partition inter vivosmade in favor of intestate heirs could beoperative. ispositions, however, to non3intestate heirs may suffer animpediment unless based on a valid will,except perhaps when such dispositionsare intended to tae effect during thelife of the testator and the formalities ofdonations are properly complied with.







E**ECTS O* INC&USION O* INTRU-ERIN $ARTITION:. et7een a true heir and several

*ista>en heirs 5 partition is 08.#. et7een several true heirs and a

*ista>en heir 5 transmission tomistaen heir is 08.

&. hrough error or *ista>e share oftrue heir is allotted to *ista>enheir 5 partition shall not berescinded unless there is bad faith orfraud on the part of the otherpersons interested, but the lattershall be proportionately obliged topay the true heir of his shareNOTE: partition with respect to themistaen heir is 08.

A 7OI- %I&& "A# )E A 7A&I-$ARTITION:. 8f the will was in fact a partition"

and#. 8f the beneficiaries in the void will

were legal heirs.


S H C# i " # R ' i )P d * il R l "i + Al d C - )P " + '

succession san beda

Documents