SECTION 6.

- Disinheritance
Art. 915. A compulsory heir may, in consequence of disinheritance, be deprived o
f his legitime, for causes expressly stated by law.
Art. 916. Disinheritance can be effected only through a will wherein the legal c
ause therefore shall be specified.
Disinheritance:
Act of testator in depriving compulsory heir of his inheritance for caus
e expressly stated by law
? Only compulsory heirs can be disinherited for they alone are entitled to legit
ime
? No disinheritance is involved in Intestate Succession since can only be made e
xpressly in a will
? Implies revocation of legacies to the disinherited heir unless the testator ot
herwise provides
? Since compulsory heir may be disinherited only for lawful causes, the courts m
ay inquire into the validity of the disinehritance
? The disinherited heir is deprived not only of his legitime but also of the fre
e portion or his share thereof
Rule on Adoption:
An adopter may disinherit the adopted child but cannot revoke the adoption (S
ec 19, RA 8552)
The adopted child is impliedly given the right of representation which right
was not accorded to him/ her before (Sec 17, RA 8552).
Requisites for a Valid Disinheritance:
1. The disinheritance must be for a cause expressly stated by the law
2. It must be effected only through a will
3. The legal cause for disinheritance must be specified in the will itself
4. The cause must be certain and true and its existence duly proved by evidence
5. The disinheritance must be total
6. The disinheritance must be unconditional
7. If the truth of the cause is denied, it must be proved by the proponent
Purpose of Disinheritance is not vengeance but retribution. It is to punish the
ungrateful.
Other ways of Depriving the Heirs of their legitime:
1. Predecease, incapacity or repudiation
2. Liabilities of the estate equal or exceed its assets

Art. 917. The burden of proving the truth of the cause for disinheritance shall
rest upon the other heirs of the testator, if the disinherited heir should deny
it.
V other heirs = not necessarily forced heirs
V Preponderance of evidence is enough
Defective or Imperfect Disinheritance:
Art. 918. Disinheritance
* without a specification of the cause, or
* for a cause the truth of which, if contradicted, is not proved, or
* which is not one of those set forth in this Code,
* shall
o annul the institution of heirs insofar as it may prejudice the person disinher
ited;
o but the devises and legacies and other testamentary dispositions shall be vali
d to such extent as will not impair the legitime.

Preterition
Imperfect
Refers to all
Disinheritance
those cases where the disinheritance is not made in accordance wit
h the requisite
Results in PARTIALformalities
ANNULMENT:required
Institution
by lawremains valid as long as the legitime
of the
Institution
Disinherited
Omitted
Always
May or may
defectively
express
implied
intentional
heirnot
ofmust
heir
heirs
be may
be
intentional
disinherited
aisbecompulsory
TOTALLY
any compulsory
heir
annulled
heirhadinheir
not
thebeen
direct
impaired
line
Similarities of Imperfect Disinheritance and Preterition:
1. Heir get their legitimes
2. Devisees and legacies remain valid if they are not inofficious
3. Involve compulsory heirs only
Valid
Preterition
Omission
Always
With
Cause
Annuls
ADisinherited
Institution
May
will
exist
be
ormust
Disinheritance
intentional
the
is
valid
without
may
with
always
always
institution;
iswhen
bealways
heir
orcause
either
required
be stated
inherits
without
all void
the
intentional
omitted
aexcept
requirements
nothing
in the
will heir
when
orinherits
will;
unintentional
preterited
of must
the law
be true
heirfollowed
are and
predeceases
legal the testator

Causes for Disinheritance: (919-921)

Descendant
Ascendant
Spouse (921)
(920)
(919)
When the heir has been found guilty of an attempt against the life of the testat
or, his or her spouse, descendants, or ascendants
When the heir has accused the testator of a crime for which the law prescribes i
mprisonment for six years or more, if the accusation has been found groundless
When the heir by fraud, violence, intimidation, or undue influence causes the te
stator to make a will or to change one already made
When the heir (legitimate or not) has been convicted of adultery or concubinage
with the spouse of the testator (w/ or w/out incest)
Loss of parental authority due to fault of the heir
Refusal to support
Unjustifiable
Maltreatment ofrefusal
thechildren
the
testator
totestator
support
and
by word
without
descendants
the or
children
justifiable
deed,
without
or thejustifiable
by cause
other or
child spouse
descendant
cause (Maltre
atment of child by parent is not ground for disinheriting parent because it is p
art oftheparental
When parentsdiscipline)
have abandoned their children or induced their daughters to liv
e a corrupt or immoral life, or attempted against their virtue
When athechild
spouse
or descendant
has given cause
leadsfor
a dishonorable
legal separation
or disgraceful life
An attempt by one of the parents against the life of the other, unless there has
Conviction
been a reconciliation
of a crime which
between
carries
them with it the penalty of civil interdiction

Causes for disinheritance of children or descendants (legitimate or illegitimate

) enumeration is exluclusive: (Art 919)
1. Attempt against the life of testator
a. Attempt is used non-technically thus covers attempted, frustrated or consummate
d stage
b. There must be conviction by final judgment
c. Convicted heir is granted executive clemency or pardon, he may still be disin
herited since this is personal to the testator
d. Heir is only accessory after the fact = could not be disinherited since his p
articipation was subsequent to the commission of the crime
2. Groundless or baseless accusation against the testator
a. Accused is used generically and will include filing of the complaint before the
Office of the Prosecutor, or presenting incriminating evidence against testator
or suppressing exculpatory evidence
b. Heir may be complainant or witness
c. Acquittal based on reasonable doubt or on the ground that the accused had no
criminal intent is not equivalent to finding the accusation groundless
3. Conviction of Adultery or Concubinage with the spouse of the testator (with o
r without incest)
a. There must be a final conviction
b. The guilty spouse is deemed disinherited by operation of law in case of legal
separation decreed by court. This is disinheritance without formal disposition
in a will. Preponderance of evidence is enough.
c. Son commits adultery with his mother. Can the mother disinherit him? No becau
se the law does not say so and causes of disinheritance must be strictly constru
ed
4. Causing testator to make a will or change one already made
a. For this to be made, there must be a new will where the disinheritance is mad
e
5. Unjustifiable refusal to give support
a. There must have been a need and a demand (judicial or extra-judicial) for sup
port. No judicial demand is needed.
b. Refusal is justified if obligor does not have enough resources, recipient no
longer needs the allowance, or recipient has committed some acts which give rise
to disinheritance
6. Maltreatment (by word or deed) of testator
a. Required that the act of verbal or physical assault be of serious nature. It
must be done intentionally.
b. 14-year old child raised his hand against his grandfather. The child later be
came insane. This is not sufficient ground for disinheritance (Pecson v. Mediavi
llo 28 P 81)
c. No conviction is required. Criminal case need not be filed.
d. All acts of physical violence against the testator but not sufficient to kill
are encompassed in maltreatment.
e. Maltreatment by an ascendant of a descendant does not constitute ground for t
he descendant to disinherit the ascendant for while it may be ABUSE, it is gener
ally in the exercise of a power
7. Leading a Dishonorable or Disgraceful Life
a. Lead means there must be habituality to the conduct
b. placing the family in ridicule; destruction of the family s good reputation
c. Ex: becoming a prostitute, drug pusher or smuggling (conviction not needed)
8. Conviction for a crime with civil interdiction
a. There must be final judgment. Accessory penalty of civil interdiction is give
n to death (if commuted), RP, & RT

Causes for the disinheritance of parents or ascendants:

1. Abandonment of children, inducement of daughters to lead a corrupt or immoral
life, or attempt against their virtue
a. Abandonment = not restricted to those instances penalized by RPC but includes
all conduct constituting a repeater or total refusal or failure to care for the
child
b. Corrupt or Immoral life = e.g.: make her a prostitute or concubine of a married
man
c. Daughters includes other descendants
d. Attempt against virtue = no conviction is required
2. Conviction for an attempt against the life of the testator, his or her spouse
, descendants or ascendants
a. There must be intent to kill. If cause of death or injuries of the descendant
is merely negligence or reckless imprudence on part of the parent-heir, there i
s no intent to kill.
b. Final judgment is necessary
3. Groundless accusation for a crime
a. Testifying falsely against testator in a criminal case punishable with a pena
lty of at least 6 years = ground
b. Does not cover the filing of groundless civil case. It contemplates only crim
inal cases
4. Conviction for adultery or concubinage with the spouse of the testator
5. Causing the testator to make or change a will, through vices of consent
6. Loss of parental authority
a. Not all causes of loss of parental authority are grounds for disinheritance l
ike attainment of age of majority
b. LOSS: judicial declaration of abandonment, deprivation of parental authority
on ground of sexual abuse, absence or incapacity of person exercising parental a
uthority
c. SUSPENSION: excessively harsh or cruel treatment of the child; giving child c
orrupting orders, counsel or example; compelling child to beg; or subjecting chi
ld or allowing him to be subjected to acts of lasciviousness
d. Pinada opines that par 6 refers only to loss but not to suspension of parenta
l authority
e. If parental authority was restored = 2 views: SANCHEZ ROMAN opines that disin
heritance continues to be valid because the basis of disinheritance is not the l
oss of parental authority but the offense committed by the offender; MANRESA & S
CAEVOLA opines that disinheritance becomes invalid because legal basis for disin
heritance no longer exists
7. Unjustifiable refusal to give support
8. Attempt by one parent or ascendant against the life of the other parent or as
cendant
a. EXCEPTION: if the offended parent has forgiven the offending parent or if rec
onciliation has been reached between them, the disinheritance of the former will
not be sanctioned by law
b. Does not require conviction
Causes for Disinheriting a Spouse:
1. Conviction for attempt against the life of the testator, his descendants or a
scendants
a. Crime committed by the guilty spouse could either be frustrated or attempted
parricide
b. Final conviction is necessary
2. False accusation against spouse
3. Spouse causing testator to make or change a will already made
4. Giving cause for legal separation
a. A decree of legal separation is not essential nor is a final judgment in a cr
iminal case required
b. There are 10 causes for legal separation under Art 55 of FC
5. Giving cause for loss of parental authority
a. No need for judicial pronouncement
6. Unjustifiable refusal to give support to children or to the other spouse
a. Justifiable reason for not supporting wife is when she has been convicted of
adultery
Rules when there s attempted or frustrated parricide:
Child/
Requisite
Offender
Previous
1Spouse
Conviction
Offendedof
descendant
criminal
is
the
isthenot
testator:
testator
OR parent/
conviction
necessary
himself
because
ascendant
necessary
this(919[1];
is also920[2])
a ground for legal separation (
2Offended criminal
921[4])
Previous is descendant
conviction
or ascendant
necessary (921[1])
Art. 55. A petition for legal separation may be filed on any of the following gr
ounds:
(1) Repeated physical violence or grossly abusive conduct directed against the p
etitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change relig
ious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, o
r a child of the petitioner, to engage in prostitution, or connivance in such co
rruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six ye
ars, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in
the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more
than one year.
 For purposes of this Article, the term "child" shall include a child by nature
or by adoption.
Art. 922. A subsequent reconciliation between the offender and the offended per
son
* deprives the latter of the right to disinherit, and
* renders ineffectual any disinheritance that may have been made.
Reconciliation:
Either an express pardon extended by the testator to the offending heir or un
equivocal conduct of the testator towards the offending heir which reveals the t
estator s intent to forgive the offense.
Effect of reconciliation:
If it occurs before disinheritance is made Right to disinherit is extinguishe
d.
If it occurs after the disinheritance is made Disinheritance is set aside
Effects of setting aside of the disinheritance:
1. The disinherited heir is restored to his legitime.
2. If testator gave away the free portion through testamentary dispositions, the
se dispositions are valid and compulsory heir improperly disinherited gets only
his legitime.
3. If he testator did not, the compulsory heir will be entitled to his correspon
ding share of the free portion as well.

Cause of Disinheritance is also a Cause of Unworthiness (1033):

1. BASIS: abandonment of children and attempt to take the life of testator
2. If cause of unworthiness was made a ground for disinheritance and there is re
conciliation = Art 922 governs unworthiness is extinguished
3. If cause of unworthiness was not ground for disinheritance or there has been
no disinheritance = Art 1033 governs unworthiness is without effect if testator
knew of the ground and condoned it
How disinheritance is revoked:
1. Subsequent reconciliation
2. Nullification of the will of the testator
3. Subsequent institution of the disinherited heir in a subsequent will
Art. 923. The children and descendants of the person disinherited
* shall take his or her place and shall preserve the rights of compulsory heirs
with respect to the legitime;
* but the disinherited parent
o shall not have the usufruct or administration of the property which constitute
s the legitime.
Effect of Disinheritance: (Right of Representation)
The right of representation is granted only to descendants of disinherited de
scendants. Disinheritance is personal to the disinherited and affects him only n
ot his children and descendants.
Representative takes the place of disinherited heir with respect to legitime
and his share in intestate portion. Representation occurs in compulsory and inte
state succession, but not in testamentary succession.
SECTION 7. - Legacies and Devises
Art. 924. All things and rights which are within the commerce of man may be beq
ueathed or devised.
Legacy: (Bequeathed)
Gift of personal property given in a will
Testamentary disposition of personal property by particular title
Devisee: (Devised)
Gift of real property given in a will
Testamentary disposition of real property by particular title
Limitation -- should not impair the legitime
Legacy
Testamentary
Legatee
Heir
In case
receives
orof
orDevisee
devisee
preterition,
Disposition
an aliquot
receives
valid
invalidated
to fractional
or anifHeir
specific
not inofficious
orpart
generic
of the
personalty
inheritance
or realty
Classes:
1. By their object (subject matter):
a. Legacies
b. Devisees
c. Of property specific or generic (including money)
d. Of rights
2. By the person burdened or benefited:
a. Legacy Proper = charged to the estate
b. Sub-legacy = charged to an heir or legatee (926)
c. Pre-legacy = legacy in favor of an heir

Art. 925. A testator may charge with legacies and devises

* not only his compulsory heirs
* but also the legatees and devisees. (sub-devise or sub-legacy)
The latter shall be liable for the charge only to the extent
* of the value of the legacy or the devise received by them.
* The compulsory heirs shall not be liable for the charge beyond the amount of t
he free portion given them.
Art. 926. When the testator charges one of the heirs with a legacy or devise, h
e alone shall be bound.
Should he not charge anyone in particular, all shall be liable in the sa
me proportion in which they may inherit.
Persons who May be Charged by Testator with Payment or Delivery of Legacy or Dev
ise:
1. any compulsory heir;
2. any voluntary heir;
3. any legatee or devisee; or
4. the estate, represented by the executor or administrator.
GR: If no one is charged with the duty of giving legacies and devisees, it is th
e estate which must give the legacies or devisees
EXCEPTION:
If the testator gives this duty to the compulsory heirs, or to legatees
and devisees (Sub-Devisee or Sub-Legacy)
Limitations:
V Burden on compulsory heir must not impair his legitime he will only be liable
to the extent of the free portion he received
V Devisee or legatee = limited to the value of what they received
V Must deliver the very thing bequeathed = cannot discharge oblig. by paying its
value (952 giving out of the exact thing described in the will)
Art. 927. If two or more heirs take possession of the estate, they shall be sol
idarily liable for the loss or destruction of a thing devised or bequeathed, eve
n though only one of them should have been negligent.
NOTE: Liability is based on malice, fault or negligence
Warranty against Eviction (for generic thing):
Art. 928. The heir who is bound to deliver the legacy or devise
* shall be liable in case of eviction,
* if the thing is indeterminate and is indicated only by its kind.
Generic or Indeterminate:
It is not particularly designated or physically segregated from all othe
r things belonging to the same class.
NOTE:
If the thing lost is determinate, the obligation to deliver is extinguished p
rovided the obligor is not guilty of fault, delay or fraud.
If the legacy or devise is a burden on the estate itself, there is no warrant
y against eviction if there were court proceedings which ordered the giving of s
uch legacy.
Who is liable in case of eviction?
GR: the estate
EXCEPTION:
In case of subsidiary legacy or devisee the heir, legatee or devisee cha
rge

Grant of a Part Interest: Stranger is partial owner

Art. 929. If the testator, heir, or legatee owns only a part of, or an interest
in the thing bequeathed,
* the legacy or devise shall be understood limited to such part or interest,
* unless the testator expressly declares that he gives the thing in its entirety
. (rel w/ 931)
Testator knows he is not the owner:
Art. 931. If the testator orders that a thing belonging to another be acquired i
n order that it be given to a legatee or devisee,
* the heir upon whom the obligation is imposed or
* the estate
o must acquire it and
o give the same to the legatee or devisee;
* but if the owner of the thing refuses to alienate the same, or
* demands an excessive price therefore,
o the heir or the estate shall only be obliged to give the just value of the thi
ng.
Testator did not know he is the owner: Thing totally owned by a stranger
Art. 930. The legacy or devise of a thing belonging to another person is void,
* if the testator erroneously believed that the thing pertained to him.
* But if the thing bequeathed, though not belonging to the testator when he made
the will, afterwards becomes his, by whatever title,
o the disposition shall take effect.
GR: Only the part owned by the testator should be given whether or not the testa
tor knew that somebody else partly owned the property
EXCEPTION:
Testator provides otherwise:
1. He may convey more than he owns = estate should try to acquire the part or in
terest owned by other parties OR estate gives the monetary equivalent (931)
2. He may convey less than he owns (794)
Legacy/ Devise of a thing belonging to another: (930-931)
1. Testator ordered the acquisition
a. Estate should try to acquire the part or interest owned by other parties OR
b. (If the owner is unwilling to part with the thing) estate gives the monetary
equivalent
2. Testator erroneously believed that the thing belonged to him
a. GR: legacy/ devise is void
b. EXCEPTION: testator acquired the thing after making the disposition
3. Testator knew that the thing did not belong to him but did not order its acqu
isition
a. Code is silent but rational solution is that disposition is valid since this
implies an order to acquire
Art. 932. The legacy or devise of a thing which at the time of the execution of
the will already belonged to the legatee or devisee
* shall be ineffective, even though another person may have some interest therei
n.
* If the testator expressly orders that the thing be freed from such interest or
encumbrance,
o the legacy or devise shall be valid to that extent.

Art. 933. If the thing bequeathed belonged to the legatee or devisee at the tim
e of the execution of the will,
* the legacy or devise shall be without effect,
* even though it may have subsequently alienated by him.
If the legatee or devisee
* acquires it gratuitously after such time,
o he can claim nothing by virtue of the legacy or devise;
* but if it has been acquired by onerous title
o he can demand reimbursement from the heir or the estate.
Legacy/ Devise of a thing already belonging to the legatee/ devisee or subsequen
tly acquired by him: (932-933)
1. Thing already belongs to the legatee/ devisee at the time of the execution of
the will
a. Legacy/ devise is void
b. Not validated by subsequent alienation by devisee/ legatee
2. Thing is owned by stranger at the time of the execution of the will and acqui
red thereafter by legatee/ devisee
a. Testator erroneously believed that it belonged to him = legacy/ devise is voi
d
b. Testator was not in error = legatee/ devisee is entitled to reimbursement if
this was acquired onerously; BUT nothing more is due if it was acquired gratuito
usly
3. Thing owned by testator at the time of execution of the will and acquired the
reafter from him by the legatee/ devisee
a. Legacy/ devise deemed revoked (957[2])
NOTE:
Legacy/ Devise to remove encumbrance over a thing belonging to legatee/ devis
ee is valid if encumbrance can be removed for a consideration (932[2])
Legacy of a thing pledged or mortgaged: Encumbrance must be removed unless testa
tor intends otherwise
Art. 934. If the testator should bequeath or devise something pledged or mortga
ged
* to secure a recoverable debt before the execution of the will,
o the estate is obliged to pay the debt, unless the contrary intention appears.
* The same rule applies
o when the thing is pledged or mortgaged after the execution of the will.
* Any other charge, perpetual or temporary, with which the thing bequeathed is b
urdened,
o passes with it to the legatee or devisee. (ex.: easements, usufructs, leases)
GR: Estate should answer for the indebtedness
Exception:
Testator expressly provide that the devisee or legatee shall pay
Ex to the EX:
Devisee or legatee may be ordered to pay provided the amount does not exceed
the value of the devise or legatee (925)

Art. 935. The legacy of a credit against a third person or of the remission or
release of a debt of the legatee shall be effective only as regards that part of
the credit or debt existing at the time of the death of the testator.
(How to comply w/ the legacy?)
In the first case (LEGACY OF CREDIT), the estate shall comply with the legacy
by assigning to the legatee all rights of action it may have against the debtor
. In the second case (LEGACY OF REMISSION), by giving the legatee an acquittance
, should he request one.
In both cases, the legacy shall comprise all interests on the credit or
debt which may be due the testator at the time of his death.
Art. 936. The legacy referred to in the preceding article shall lapse
j if the testator, after having made it, should bring an action against the debt
or for the payment of his debt, (must be judicial one)
j even if such payment should not have been effected at the time of his death.
The legacy to the debtor of the thing pledged by him is understood to di
scharge only the right of pledge. (principal oblig. remains)
Art. 937. A generic legacy of release or remission of debts comprises those exi
sting at the time of the execution of the will, but not subsequent ones.
Legacy of credit or remission: (935-937)
1. Applies only to amount still unpaid at the time of the testator s death (935)
2. Revoked if testator subsequently sues the debtor for collection (936)
3. If generic, applies only to those existing at the time of the execution of th
e will, unless otherwise provided (937; 793)
Generic
Specific
No specific
Legacy
Legacy
debtofofmentioned
Release
Releaseorto
orRemission
Remission
be released (includes all debts whether pure, cond
Not liable
itional
Particular
Only
Liable
those
for
or for
witheviction
debt
existing
eviction
a term)
is specified
at the time
as the will
one being
was made
released
shouldorberemitted
included
Art. 938. A legacy or devise made to a creditor
j shall not be applied to his credit,
j unless the testator so expressly declares.
o In the latter case, the creditor shall have the right to collect the excess, i
f any, of the credit or of the legacy or devise.
Legacy or Devise to a creditor:
GR: Will be treated like any other legacy/ devise and therefore will not be impu
ted to the debt
EXCEPTION:
Will be imputed to the debt if
1. testator so provides, and
2. if the debt exceeds the legacy/ devise, the excess may be demanded as an obli
gation of the estate
Effect of Erroneous Payment:
Art. 939. If the testator orders the payment of what he believes he owes but do
es not in fact owe,
j the disposition shall be considered as not written.
j If as regards a specified debt more than the amount thereof is ordered paid,
o the excess is not due, unless a contrary intention appears.
The foregoing provisions are without prejudice to the fulfillment of nat
ural obligations. (1423; 1429-30)
Testamentary Instruction to pay a debt:
1. This is not a testamentary disposition, but merely a direction to discharge a
civil obligation
2. Instruction to pay a non-existing debt = should be disregarded, because this
would be solution indebiti (2154)
3. Instruction to pay more than what is due = effective only as to what is due,
unless the bigger amount specified constitutes a natural obligation (1423-1430)
Art. 940. In alternative legacies or devises, the choice is presumed
j to be left to the heir upon whom the obligation to give the legacy or devise m
ay be imposed, or
j the executor or administrator of the estate if no particular heir is so oblige
d.
If the heir, legatee or devisee, who may have been given the choice, die
s before making it, this right shall pass to the respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises, except as herein provided, the p
rovisions of this Code regulating obligations of the same kind shall be observed
, save such modifications as may appear from the intention expressed by the test
ator. (1199-1206)
Alternative Devise or Legacy:
One which provides that among several things mentioned, only one is to be giv
en.
Right of Choice:
GR: Given to the person burdened (executor or administrator, heir, legatee or de
visee)
EXCEPTION:
The legatee/ devisee, if the testator so provides
Person who is to choose dies before choice is made:
1. Choice belongs to executor or administrator = right is transmitted to his suc
cessor in office
2. Choice belongs to an heir, legatee or devisee = right is transmitter to his o
wn heirs
NOTE:
Once the choice is made, it is irrevocable. The alternative legacy is co
nverted into pure obligation (1179)
Generic Legacies/ Devisies:
Art. 941. A legacy of generic personal property shall be valid even if there be
no things of the same kind in the estate. (bec. genus or personal prop is deter
mined by their nature)
A devise of indeterminate real property shall be valid (practically no g
enus bec. each prop is individualized by efforts of man) only if there be immova
ble property of its kind in the estate. (determining point: time of testator s dea
th)
The right of choice shall belong to the executor or administrator who sh
all comply with the legacy by the delivery of a thing which is neither of inferi
or nor of superior quality.
Art. 942. Whenever the testator expressly leaves the right of choice to the hei
r, or to the legatee or devisee, the former may give or the latter may choose wh
ichever he may prefer.
Art. 943. If the heir, legatee or devisee cannot make the choice, in case it ha
s been granted him, his right shall pass to his heirs; but a choice once made sh
all be irrevocable.
Rules on Validity: (941)
1. Generic Legacy = valid even if no such movables exist in the estate estate wi
ll simply acquire it
2. Generic Devise = valid only if there exists such an immovable in the testator s
estate at the time of his death
Right of Choice: (942)
1. person burdened
2. estate limitations
a. choice must neither be inferior or superior quality
b. for generic personal legacies = if there be some in the estate, person charge
d must select from them and not from outside the estate
NOTE:
Testator can donate all parts of his body = effective immediately, even befor
e the will is probated
Art. 944. A legacy for education lasts
j until the legatee is of age, or
j beyond the age of majority in order that the legatee may finish some professio
nal, vocational or general course,
o provided he pursues his course diligently.
A legacy for support lasts
j during the lifetime of the legatee,
o if the testator has not otherwise provided.
j If the testator has not fixed the amount of such legacies, it shall be fixed i
n accordance with
o the social standing and
o the circumstances of the legatee and
o the value of the estate. (entire residue of the hereditary estate)
j If the testator or during his lifetime used to give the legatee a certain sum
of money or other things by way of support,
o the same amount shall be deemed bequeathed,
o unless it be markedly disproportionate to the value of the estate.
NOTE:
Diligence required in pursuing the course is a juridical question
Legacy for support includes sustenance, dwelling, clothing, medical atte
ndance and transportation expenses (194 FC)
Both legacies for support and education are ordinarily personal and cann
ot therefore be transmitted unless the testator ordered otherwise.
Art. 945. If a periodical pension, or a certain annual, monthly, or weekly amou
nt is bequeathed,
j the legatee may petition the court for the first installment (he should first
wait for the order of distribution for all the estate s debt must first be paid;
SUPPORT IN ARREARS may be granted)
o upon the death of the testator, and
j for the following ones
o which shall be due at the beginning of each period;
j such payment shall not be returned,
o even though the legatee should die before the expiration of the period which h
as commenced
o .
Duration:
Legacy foraSupport
of Education
Periodical Pension
1. Age of majority; or
2. Completion of professional, vocation, or general course (if legatee pursues h
is studies diligently
Whichever comes later
Duration:
Legatee
Demandability:
s lifetime, unless the testator has provided otherwise
1. Upon testator s death
2. Succeeding ones = beginning of the period without duty to reimburse should th
e legatee die before the lapse of the period
Amount:
1. fixed by testator
2. proper as determined by legatee s social standing and circumstances; & value of
disposable estate
Amount:
1. fixed by testator
2. testator during his lifetime used to give the legatee, unless markedly dispro
portionate to the value of disposable portion
3. reasonable as determined by legatees s social standing & value of disposable e
Legatee must wait until an order for distribution has been issued.
state
Date of effectivity retroacts to the decedent s death if legacy not inofficious
Art. 946. If the thing bequeathed should be subject to a usufruct, the legatee
or devisee shall respect such right until it is legally extinguished. (603)
Usufruct is extinguished by:
1. death of the usufructuary, unless a contrary intention clearly appears
2. expiration of the period or fulfillment of resolutory condition
3. merger of the usufruct and ownership
4. renunciation of the usufructuary
5. total loss of the thing in usufruct
6. termination of the right of the person constituting the usufruct
7. prescription
Art. 947. The legatee or devisee acquires a right to the pure and simple legaci
es or devises from the death of the testator, and transmits it to his heirs.
Right to Legacy or Devise is vested the moment of the testator s death. BUT diff
erent rules in ff circumstances:
1. Subject to a condition = under administration until condition is fulfilled
2. Subj, to a suspensive term = begin upon arrival of the term
3. Subj. to resolutory condition = cease to exist upon the arrival of the term

The Right to Property itself is vested:

1. Specific = from the testator s death
2. Generic = from the time a selection has been made, so as to make the prop spe
cific
3. Alternative = from the time the choice has been made
4. Acquired from a stranger by virtue of the testator s order = from the moment of
such acquisition
Art. 948. If the legacy or device is of a specific and determinate thing pertai
ning to the testator,
j the legatee or devisee acquires the ownership thereof upon the death of the te
stator,
o as well as any growing fruits, or unborn offspring of animals, or uncollected
income;
o but not the income which was due and unpaid before the latter's death.
j From the moment of the testator's death, the thing bequeathed shall be at the
risk of the legatee or devisee,
o who shall, therefore, bear its loss or deterioration, and
o shall be benefited by its increase or improvement, without prejudice to the re
sponsibility of the executor or administrator.
Belongs to grantee from the testator s death provided that the grantee is capacita
ted and accepts the gift:
1. Devise or Legacy
2. Growing fruits
3. Unborn offspring of animals
4. Uncollected income (but not those due and unpaid before the testator s death)
Art. 949. If the bequest should not be of a specific and determinate thing, but
is generic or of quantity, its fruits and interests from the time of the death
of the testator shall pertain to the legatee or devisee if the testator has expr
essly so ordered.
1. Bequest of specific prop = from the time of death
2. Bequest of generic prop = not entitled UNLESS expressly ordered (entitled to
fruits only after selection)
Money
Considered as generic; Interest may be recovered from the time of demand, jud
icially or extra-judicially

Legacies:
1.
Pure
Upon
Fruits
Ownership
Demandability
from
& Generic
testator
Determinate
testator
s death
s estate = upon testator s death
2. acquired
With
Upon adetermination,
the
(suspensive)
arrival
from of
3rdthe
unless
term
person
termtestator
term,= but
uponthe
acquisition
provides
right tootherwise
it vests(949)
upon the testator s death
Upon
(878)the
Conditional
testator
happening
arrival
(suspensive)
s death,
ofofthe
the
ifterm
the
condition,
condition
(implied
condition
unless
from
is fulfilled
885)
testator (1187)
provides otherwise (884; 11
87)
Order of Preference of Legacies and Devisees:
Art. 950. If the estate should not be sufficient to cover all the legacies or de
vises, their payment shall be made in the following order: (RP-SESA)
(1) Remuneratory legacies or devises; (moral obligations)
(2) Legacies or devises declared by the testator to be preferential;
(3) Legacies for support; (include legacies for education under 194 FC B
UT here, must be distinguished)
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a p
art of the estate;
(6) All others pro rata.
Applies
Art
Provides
911 when
950 pro the
for rataorder
an legitime
reduction
of preference
hasofbeen
devises
impaired
in the
and payment
legacies
or whenofthere
devises
are donations
and legacies
inter vi
vos chargeable
Applies when thetoreduction
the free concerns
disposal the legacies or devisees (e.g: no compulsory
heirs or legitimes have already been satisfied through donations inter vivos)
Art. 951. The thing bequeathed shall be delivered
* with all its accessions and accessories and
* in the condition in which it may be upon the death of the testator.
Accessions
Inseparably united to the principal;
May be natural or industrial; like fruits & rents
Accessories
Things necessary for the use of thing bequeathed (like jack for an automobile
; antennae of TV)
Art. 952. The heir, charged with a legacy or devise, or the executor or adminis
trator of the estate,
* must deliver the very thing bequeathed if he is able to do so and
* cannot discharge this obligation by paying its value.
Legacies of money must be paid in cash, even though the heir or the esta
te may not have any. (estate has no money, prop shd be sold)
The expenses necessary for the delivery of the thing bequeathed shall be
for the account of the heir or the estate, but without prejudice to the legitim
e.
Art. 953. The legatee or devisee cannot take possession of the thing bequeathed
upon his own authority, but
* shall request its delivery and possession
o of the heir charged with the legacy or devise, or
o of the executor or administrator of the estate should he be authorized by the
court to deliver it.
Art. 954. The legatee or devisee cannot accept a part of the legacy or devise a
nd repudiate the other,
* if the latter be onerous.
* Should he die before having accepted the legacy or devise, leaving several hei
rs,
o some of the latter may accept and the others may repudiate the share respectiv
ely belonging to them in the legacy or devise.
NOTE:
Death of the devisee or legatee must be after the death of the testator
If before, voluntary heirs cannot be represented
Art. 955. The legatee or devisee of two legacies or devises, one of which is on
erous,
* cannot renounce the onerous one and accept the other.
* If both are onerous or gratuitous,
o he shall be free to accept or renounce both, or to renounce either.
o But if the testator intended that the two legacies or devises should be insepa
rable from each other,
* the legatee or devisee must either accept or renounce both.
Any compulsory heir who is at the same time a legatee or devisee may
* waive the inheritance and accept the legacy or devise, or
* renounce the latter and accept the former, or
* waive or
* accept both.
Rules on Acceptance and Repudiation of Legacies/ Devises:
1. Acceptance may be total or partial EXCEPT if the legacy/ devise is partly one
rous and partly gratuitous, the recipient cannot accept the gratuitous part and
renounce the onerous part
2. If the legatee/ devisee dies before accepting or renouncing, his heirs shall
exercise such right (heirs exercise right as to their pro-indiviso share)
Rules when 2 Legacies/ Devises to the Same Recipient:
1. Both gratuitous = may accept or repudiate both
2. Both onerous = may accept or repudiate both
3. One gratuitous & the other onerous = the recipient cannot accept the gratuito
us part and renounce the onerous part
Legacy/ Devise to one who is also a compulsory heir:
Recipient may accept either or both
NOTE:
All of the above rules only apply when the will is silent
Art. 956. If the legatee or devisee
* cannot or is unwilling to accept the legacy or devise, or
* if the legacy or devise for any reason should become ineffective,
o it shall be merged into the mass of the estate,
o except in cases of (apply ISRAI: institution, substitution, representation, ac
cretion, intestacy)
* substitution and (857)
* of the right of accretion. (1015)
Devisee or Legacy becomes inoperative:
1. legatee or devisee becomes incapacitated to inherit (1027 & 1032)
2. he becomes incapacitated to receive or when unwilling to accept (1032 & 1041)
3. he repudiates the inheritance (1051)
4. the devise or legacy is without effect (957)

Rule in case of Repudiation or Incapacity of Legatee/ Devisee:

1. Primarily = substitution
2. Secondarily = accretion
3. Tertiarily = intestacy
Legacy/ Devise is revoked by operation of law:
Art. 957. The legacy or devise shall be without effect:
(1) If the testator transforms the thing bequeathed in such a manner tha
t it does not retain either the form or the denomination it had;
(2) If the testator by any title or for any cause alienates (must be vol
untary) the thing bequeathed or any part thereof, it being understood that in th
e latter case the legacy or devise shall be without effect only with respect to
the part thus alienated.
* If after the alienation the thing should again belong to the testator,
* even if it be by reason of nullity of the contract,
o the legacy or devise shall not thereafter be valid,
o unless the reacquisition shall have been effected by virtue of the exercise of
the right of repurchase;
(3) If the thing bequeathed is totally lost
* during the lifetime of the testator, or
* after his death without the heir's fault.
o Nevertheless, the person obliged to pay the legacy or devise shall be liable f
or eviction
o if the thing bequeathed should not have been determinate as to its kind, in ac
cordance with the provisions of article 928.
When Legacy or Devise can be Revoked by Operation of Law:
1. If the testator transforms the thing bequeathed or devised in such a manner t
hat it does not retain its form and denomination;
2. If the testator, by any title or for any cause, alienates the thing bequeathe
d or devised or any part thereof;
3. If the thing bequeathed or devised is totally lost during the lifetime of the
testator, or after his death without the heir's fault;
4. If the legacy is a credit against a third person or the remission of a debt,
and the testator, subsequent to the taking of the will, brings an action against
such debtor for payment.
Abatement of Legacies
The reduction of legacies for the purpose of paying the testator's debts
Ademption
Taking away or revocation of legacy, by the testator

Art. 958. A mistake as to the name of the thing bequeathed or devised, is of no

consequence, if it is possible to identify the thing which the testator intended
to bequeath or devise.
Art. 959. A disposition made in general terms in favor of the testator's relativ
es shall be understood to be in favor of those nearest in degree.
* relatives are by blood and not by affinity
* must not go beyond the 5th degree
* right of representation does not apply; it is the rule of proximity w/c prevai
ls
* no preference as to maternal or paternal lines

Classification of Legacies/ Devises According to Validity:

Void
Valid
Ineffectual
Within
Those
Owned
Outside
abby
revoked
man
Initio
man
testator
stranger
sor
scommerce
commerce
expressly
Inoprative
but mistakenly believed by testator to be owned by him (unless
Those
laterrevoked
owned byimpliedly,
testator)as when the legacy is given to another by a subsequent
Owned by stranger if there is an order, express or implied, to acquire it from h
will
im
Those
Owned revoked
by legateeby implication
at time willofwaslawmadetransformation,
(even if it is subsequently
alienation byalienated)
testator excep
If
Predecease,
Disinheritance
t when
Legacy
Destruction
Given
Intentional
Generic
totally
because
as
reacquiring
inreal
personal
aainofficious
natural
incapacity,
void
of
destruction
property
of
if
loss
moral
will
property
legatee
bythru
obligation
right
if
obligation
repudiation
bythere
aistestator
fortuitous
even
of
compulsory
repurchase
beifnone
of
there
event
legatee
of
heir
be
or none
its judicial
kindininthe
demand
theestate
estate
Situation:
Father R devised a parcel of Riceland in favor of his nearest male relat
ive who would become a priest. In the meantime, the land is administered by the
Parish. 21 years after Father R s death, the Parish now wants for delivery of land
to the Church as trustee. Father R s relatives opposed saying a grand-nephew of h
is is studying for priesthood. Is the devise inoperative and legal heirs entitle
d to Riceland?
ANS: It depends. If grand-nephew was already conceived at the time of Fa
ther R s death, then the devise is valid. The Parish will administer the land pend
ing the time the grand-nephew becomes a priest.
If the seminarian was conceived after Father R s death, the bequest is ino
perative because of non-fulfillment of condition. The legal heirs will then be e
ntitled to the land.

Chapter 3: LEGAL OR INTESTATE SUCCESSION

SECTION 1. - General Provisions
Legal Succession:
Kind of succession prescribed by the law (and presumed by it to be the d
esire of the deceased), which takes place when the expressed will of the deceden
t has not been set down in a will.
Legal succession tries to follow the presumed will of the decedent. In f
orced succession (succession to the legitime), regardless of the decedent s desire
, he must comply with the rules on the legitime.
Order of Decreasing Superiority of the 3 kinds of Succession:
1. Forced Succession
2. Testamentary Succession
3. Intestate Succession
j Intestate shares are equal or more than the legitime (like the case of survivi
ng spouse)
Art. 960. Legal or intestate succession takes place:
(1) If a person dies
a. without a will, or
b. with a void will, or
c. one which has subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all the property
belonging to the testator. In such case, legal succession shall take place only
with respect to the property of which the testator has not disposed;
(3) If the
a. suspensive condition attached to the institution of heir does not happen or i
s not fulfilled, or
b. if the heir dies before the testator, or
c. repudiates the inheritance, there being no substitution, and no right of accr
etion takes place;
(4) When the heir instituted is incapable of succeeding, except in cases provide
d in this Code.
Other Causes of Intestacy:
(5) Happening of resolutory condition
(6) Expiration of resolutory term
(7) Preterition
(8) In cases of ineffective testamentary disposition (960, 854)
If after the heirs had already partitioned the estate in the intestate procee
dings, a will was subsequently discovered, the same must be probated.
Does Preterition Convert a Court Proceeding into an Intestate Proceeding?
If the proceeding is a testate proceeding and it is established that a compul
sory heir in the direct line was preterited, the testate proceeding will be conv
erted into testate proceeding because the same court will have jurisdiction over
all the properties of the deceased, whether or not included in the institution
or partition that is set aside by reason of preterition
If the proceeding filed by the preterited heir is an ordinary civil action to
set aside the partition effected by the other co-heirs, this ordinary action ca
nnot be converter into an intestate proceeding because the authority of the cour
t is limited to the properties and assets described in the pleadings.
Requisites before Intestate Heirs can inherit in case of Void or Ineffective wil
l:
1. Declaration that the will is void; or
2. Positive disallowance thereof by the probate court
Art. 961. In default of testamentary heirs, the law vests the inheritance,
in accordance with the rules hereinafter set forth,
O in the legitimate and illegitimate relatives of the deceased,
O in the surviving spouse, and
O in the State.
Art. 962. In every inheritance, the relative nearest in degree excludes the more
distant ones, saving the right of representation when it properly takes place.
Relatives in the same degree shall inherit in equal shares, subject to the pr
ovisions of article 1006 with respect to relatives of the full and half blood, a
nd of article 987, paragraph 2, concerning division between the paternal and mat
ernal lines.

Principle of Preference of Lines in Intestate Succession:

Relatives of the decedent who are in the direct descending line shall exclude
those who are in the direct ascending or in the collateral line, while those in
the direct ascending line excludes those who are in the collateral line (Direct
Descending ? Direct Ascending ? Collateral)
GR: Direct Line is preferred to the collateral line
EXCEPTION:
(Art 959) In disposition made in general terms in favor of testator s rela
tives, it will be in favor to those nearer in degree, regardless of the lines wh
ere the relatives come from. (Rule of Proximity prevails over Rule of Line Prefe
rence)
Principle of Proximity
Relatives of the decedent nearest in degree shall exclude the more remote one
s.
This rule, however, presupposes the fact that all of the relatives involved s
hould belong to the same line. Still subject to the preferences between lines, e
xcept when right of representation properly takes place.
j Right of representation takes place in the direct descending line, but never i
n the ascending
j In the collateral line, right of representation takes place only in favor of t
he children of brothers or sisters --- full or half-blood
o Representation in the collateral line is true only in legal succession because
collaterals are not compulsory heirs, and a voluntary heir cannot be represente
d
j There is representation in the illegitimate line
Equal Division Rule:
General Rule:
Relatives of the same degree shall inherit in equal shares
Exceptions:
1. When the inheritance is divided between paternal and maternal grandparents. (
The rule of Division by Line in the ascending line)
2. The distinction between full blood and the half blood relationship among brot
hers and sisters, as well as nephews and nieces;
3. In certain cases when the right of representation takes place. In this case,
the division of inheritance is per stirpes and not per capita.
4. The rule of preference of lines
5. The distinction between legitimate and illegitimate filation (the ratio is 2:
1)
NOTES:
j Intestate heirs are not necessarily compulsory heirs (e.g.: brothers and siste
rs)
j Intestate heirs who are not compulsory heirs cannot be disinherited. Only comp
ulsory heirs can be disinherited
j Intestate heirs who are not compulsory heirs can be excluded from the estate t
hrough a provision in the will
GR: Heir must be a blood relative of the decedent.
EXCEPTION:
1. surviving spouse
2. State
Hence, other juridical persons cannot succeed ab instestato.

SUBSECTION 1. - Relationship
Relationship or Kinship:
The tie or vinculum which binds natural persons by reason of their comin
g from a common ancestor or stock.
j Consanguinity = tie which connects these persons is by blood
o Legitimate = arisen from valid marriage
o Illegitimate arisen from an illicit relationship
j Affinity = tie is established by marriage of a relative with another thereby m
aking the latter an in-law relation
Art. 963. Proximity of relationship is determined by the number of generations.
Each generation forms a degree.
Art. 964. A series of degrees forms a line, which may be either direct or collat
eral.
A direct line is that constituted by the series of degrees among ascendants a
nd descendants.
A collateral line is that constituted by the series of degrees among persons
who are not ascendants and descendants, but who come from a common ancestor.
Art. 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends.
Art. 966. In the line, as many degrees are counted as there are generations or p
ersons, excluding the progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is
one degree removed from the parent, two from the grandfather, and three from th
e great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descen
t is made to the person with whom the computation is to be made. Thus, a person
is two degrees removed from his brother, three from his uncle, who is the brothe
r of his father, four from his first cousin, and so forth. (918a)
Direct Line:
No legal limit to the number of degrees for entitlement to intestate suc
cession
Collateral Line:
Computation of degrees is particularly important because intestate succe
ssion extends only to the 5th degree of collateral relationship (1010)

Art. 967. Full blood relationship is that existing between persons who have the
same father and the same mother.
Half blood relationship is that existing between persons who have the same fa
ther, but not the same mother, or the same mother, but not the same father.
Importance of Distinction:
j Brother & Sisters and Nephews & nieces = ration of 2:1 for full blood and half
blood relationship
j Other collateral relatives = full blood and half blood relationship is immater
ial

Accretion in Intestacy: Predecease, Incapacity or Renunciation

Art. 968. If there are several relatives of the same degree, and one or some of
them are unwilling or incapacitated to succeed, his portion shall accrue to the
others of the same degree, save the right of representation when it should take
place.
j In case of predecease or incapacity, REPRESENTATION will prevent accretion
o No right of representation in repudiation BUT accretion will take place
j Relatives must be in the same kind of relationship because of principle of pre
ference of lines
Art. 969. If the inheritance should be repudiated by the nearest relative, shoul
d there be one only, or by all the nearest relatives called by law to succeed, s
hould there be several, those of the following degree shall inherit in their own
right and cannot represent the person or persons repudiating the inheritance.
Rules Governing Vacancies which Occur in Intestate Succession:
Dueall
The
If to co-heirs
representatives
co-heirs
PREDECEASE
REPUDIATION,
in repudiate,
the& same
INCAPACITY,
share
(heirsgroup
goes
nextheirs
the to:
(no
share
in degree)
representation)
next
goesinto:degree, in their own right (per cap
ita)State
The next order (class) of heirs intestate
SUBSECTION 2. - Right of Representation
(mem!) Art. 970. Representation is a right created by fiction of law, by virtue
of which the representative is raised to the place and the degree of the person
represented, and acquires the rights which the latter would have if he were livi
ng or if he could have inherited.
Art. 971. The representative is called to the succession by the law and no
t by the person represented. The representative does not succeed the person repr
esented but the one whom the person represented would have succeeded.
Art. 972. The right of representation takes place in the direct descending line,
but never in the ascending.
In the collateral line, it takes place only in favor of the children of broth
ers or sisters, whether they be of the full or half blood.
Art. 973. In order that representation may take place, it is necessary that the
representative himself be capable of succeeding the decedent.
Art. 974. Whenever there is succession by representation, the division of the es
tate shall be made per stirpes, in such manner that the representative or repres
entatives shall not inherit more than what the person they represent would inher
it, if he were living or could inherit.
Art. 975. When children of one or more brothers or sisters of the deceased
survive, they shall inherit from the latter by representation, if they survive
with their uncles or aunts. But if they alone survive, they shall inherit in equ
al portions.
Art. 976. A person may represent him whose inheritance he has renounced.
Art. 977. Heirs who repudiate their share may not be represented. (929a)
j Representation is like subrogation in ordinary contracts
j In Testamentary Succession, representation is a right which pertains only to t
he legitime of compulsory heirs
j Instances when representation operates:
o Predecease
o Incapacity or Unworthiness
o Disinheritance
j Representation never operates: REPUDIATION
j Kinds of Succession that representation operates:
o Legitime
o Intestacy (Representation does not take place with respect to rights or inheri
tance voluntarily given by will. It takes place only with respect to rights or i
nheritance conferred by law)
j What lines does representation obtain
o Legitime = direct descending line only
o Intestacy = direct descending line; and collateral line in case of nephews and
nieces representing brothers and sisters of the deceased

1. Art.
Testamentary
Intestate
When it 856(2):
takes
Succession
Succession
place
When a compulsory heir in the direct descending line has predece
ased the testator and is survived by his children or descendants.
2. Art. 1035: When a compulsory heir in the direct descending line is excluded f
rom the inheritance due to incapacity or unworthiness and he has children or des
cendants.
3. Art. 923: When a compulsory heir in the direct descending line is disinherite
d and who has children or descendants. (Representation covers only the legitime)
.
4. Art. 954: A devisee or legatee who died after the death of the testator may b
e represented by his heirs.
1. Arts. 981 & 982: When a legal heir in the direct descending line had predece
ased the decedent and is survived by his children or descendants.
2. Art. 1035: When a legal heir in the direct descending line is excluded from
the inheritance by reason of incapacity or unworthiness. (This is applied also i
n testamentary succession).
3. Arts. 981 & 975: When brothers or sisters (when there is no exclusion) had p
redeceased the decedent and they had children or descendants.
4. Art. 989: When the illegitimate children represent their illegitimate parent
s who already died in the estate of their grandparents.
5. Art. 1005: When nephews and nieces inherit together with their uncles and aun
ts, in representation of their deceased parents who are the brothers/sisters of
their said uncles or aunts.
Share given
Legitime
Entire share
of compulsory
toofrepresentative
the legal
heirheir
whowho
is is
represented
represented

Kinds of Division of Estate:

1. Per Capita = succession is by head or by the number of persons who succeed (
like heirs of the same degree inherit equally)
2. Per Stirpes = representatives receive only what the person represented would
have received; inheritance by group
3. Per Line = succession is in the ascending line between paternal and maternal
lines. Each line will receive equally
Grandchildren:
Grandchildren always inherit by representation whether they concur with the c
hildren or not.
They inherit in their own right only when all the children renounce, and they
share equally or per capita (Art. 982).
Nephews and nieces:
Nephews and nieces inherit either by representation or in their own right. (A
rt. 1005).
1. They inherit by right of representation when they concur with aunts and uncle
s, who divide per capita, while nephews/ nieces divide per stirpes. (Calisterio
v. Calisterio, GR 136467, April 6, 2000).
2. They inherit in their own right when they do not concur with aunts and uncles
; in this case, they divide per capita or equally (Art. 975).
Illegitimate children:
1. Child to be represented is legitimate = only legitimate children/ descendants
can represent him
2. Child to be represented is illegitimate = both legitimate and illegitimate ch
ildren/ descendants can represent him

Adopted Child:
An adopted child can neither represent nor be represented.
Teotico v. Del Val (13 S 406)
Being an illegitimate child she is prohibited by law from succeeding to the
legitimate relatives of her natural father
The relationship established by adoption is limited solely to the adopter an
d the adopted and does not extend to the relatives of the adopting parents or of
the adopted child except only as expressly provided for by law. Hence, no relat
ionship is created between the adopted and the collaterals of the adopting paren
ts. As a consequence, the adopted is an heir of the adopter but not of the relat
ives of the adopter.
BUT Pineda opines that:
Sec 17 of RA 8552 (2/25/1998) gives the adopted child the right to represent
the adopter in the estate of the latter s parents or ascendants.
Sec 16 of RA 8552 has also severed the relationship between the adopted child
and his/ her parents by nature. The adopted child is not an intestate heir of h
is/ her parents by nature.
Renouncer:
A renouncer can represent but cannot be represented (Arts. 976, 977).
j There is also reserva troncal in legal succession, because legal succession is
by operation of law.
Rules on Qualification:
1. The representative must be qualified to succeed the decedent (The representat
ive must al least be conceived at the time succession opens)
2. The representative need not be qualified to succeed the person represented
3. The person represented need not be qualified to succeed the decedent

When Representation Fills Vacancies:

FreeRepresentation
Legitime
Causes
Predecease
Intestacy
Incapacity
Repudiation
No
Representation
Disinheritance
Not applicable
Part BUT Substitution or Accretion
NOTE: Representation on one hand and Substitution (or Accretion) on the other, a
re mutually exclusive.

SECTION 2. - Order of Intestate Succession

Intestate Heirs:
1. Legitimate Children/ Descendants
2. Illegitimate Children/ Descendants
3. Legitimate Parents/ Ascendants
4. Illegitimate Parents
5. Surviving Spouse
6. Brothers, Sisters, Nephews, Nieces
7. Other Collateral to the 5th degree
8. State
NOTE: First 5 are also compulsory heirs

Summary of Order of Intestate Succession:

1Deceased
Legitimateischildren
a Legitimate
an Illegitimate
and their
Child
Child
legitimate descendants (992)
(This group includes the legitimated, adopted children & descendants)
2Legitimate
Legitimate parents
childrenand
andother
theirlegitimate
legitimateascendants
descendants(992)
(979)
(no right of representation in ascending; if there are no legitimate parents, th
e adopting parents will take their place but they will concur with the surviving
spouse and the illegitimate children)[190 FC]
Illegitimate children and their descendants, whether legitimate or illegitimate
3(988,
Illegitimate
989, 990)
children and their descendants, whether legitimate or illegitimate
[988, 990, 992)
Illegitimate parents or parents by nature
4(ascendants
Surviving spouse,
of illegitimate
without prejudice
parents to
arethe
notrights
included)
of brothers
[993] and sisters, nephe
ws and nieces if there be any (995)
Surviving spouse (994); Illegitimate brothers and sisters, nephews and nieces if
5Brothers
there beand
anysisters,
(by inference
nephewsfrom
and994[2])
nieces
6Brothers
Other collateral
and sisters,
relatives
nephews
up the
and 5th
nieces
degree of relationship (1010)
7State
State (1011)

Concurrence Theory:
Satisfy legitime and distribute disposable portion, if any, pro rata
Exclusion Theory:
Satisfy the legitime, and then give disposable portion, if any, to the p
referred heir in the order of intestate succession

ALL
1Intestacy:
Art SPOUSE:
995 &alone
994
Intestate
(1) Share of Surviving Spouse:
2a. SPOUSE
b. 1 legit. child
Art 996
Santillon v Miranda (14 S 563); Arcenas v. Conco (74 S 118)
3a. SPOUSE
b. 2 orestate
Divide more legit.
by total
children
number of legitimate children plus the spouse. Spouse is
considered 1 child.
4a. SPOUSE
b. legit. children
c. illegit.
Same share aschildren
one legitimate child
2 share each
1 share each
(proportion 2:1)
5Art
a. SPOUSE
999 & 176 of FC
b. Legit. parents
Art 997
6a. SPOUSE
b. Illegit. parents
Art 991 (analogy)
Art 889 (analogy)
7a. SPOUSE
b. Illegit. children

8Art
a. SPOUSE
998
b. Legit. parents
c. Illegit. children


9Art
a. SPOUSE
1000
b. Brothers & Sisters, Nephews & Nieces

Art 1001 & 994

Intestate succession in adoption:

1. In the intestate succession of the adopter, the adopter(s) and the adoptee sha
ll have reciprocal rights of succession without distinction from legitimate fili
ation (Art. 18, RA 8552).
a. The adopted child inherits from his adopter/s in exactly the same way and to
exactly the same extent as a legitimate child (189[1])
2. In the intestate succession of the adopted child:
a. Again apply Art. 18, RA 8552
b. If the adopter dies ahead of the adopted child, the parents and relatives by
consanguinity of the adopted child are his legal heirs (Art. 984, NCC).
c. If only the parents by nature of the adopted child survive, they get all.
3. In the intestate succession of the parents by nature and other blood relative
s of the adopted child, the adopted child remains an intestate heir (Art. 189(3)
FC) [contrary to Pineda s view]
4. If the adopter predeceases the adopted child, the latter cannot represent the
former in the inheritance from the legitimate relatives of the adopter, because
the filiation created by fiction of law is exclusively between the adopter and
the adopted.
1a. legitimate
Succession to children
the Estate of an Adopted Child: (190 FC)
b. illegitimate children
c.
2Rule
a. biological
surviving
on intestacy
spouse
parents
applies
(legitimate or illegitimate or legitimate ascendants, as t
he case may be)
b.ofb.the
adopter/s
estate
3a.ofsurviving
the estate
spouse or illegitimate children
b.ofadopter/s
the estate
4a.ofsurviving
the estate
spouse
b. illegitimate children
c. adopter/s
1/3 of the estate
1/3 of the estate
51/3
6Whole
Rules
CAollateral
dopter/s
ofon
estate
theintestacy
alone
estaterelatives
blood applies alone
SUBSECTION 1. - Descending Direct Line
Art. 978. Succession pertains, in the first place, to the descending direct line
.
Sayson vs. CA
The philosophy underlying this article is that a person's love descends firs
t to his children and grandchildren before it ascends to his parents and thereaf
ter spreads among his collateral relatives. It is also supposed that one of his
purposes in acquiring properties is to leave them eventually to his children as
a token of his love for them and as a provision for their continued care even af
ter he is gone from this earth.
There is no question that a legitimate daughter of a person who predeceased
his parents, and thus their granddaughter, has a right to represent her deceased
father in the distribution of the intestate estate of her grandparents. Under A
rticle 981, she is entitled to the share her father would have directly inherite
d had he survived, which shall be equal to the shares of her grandparents' other
children.
But a different conclusion must be reached for persons to whom the grandpare
nts were total strangers. While it is true that the adopted child shall be deeme
d to be a legitimate child and have the same right as the latter, these rights d
o not include the right of representation. The relationship created by the adopt
ion is between only the adopting parents and the adopted child and does not exte
nd to the blood relatives of either party.
Art. 979. Legitimate children and their descendants succeed the parents and othe
r ascendants, without distinction as to sex or age, and even if they should come
from different marriages. An adopted child succeeds to the property of the adop
ting parents in the same manner as a legitimate child. (931a)
Art. 980. The children of the deceased shall always inherit from him in their ow
n right, dividing the inheritance in equal shares.
Art. 981. Should children of the deceased and descendants of other childre
n who are dead, survive, the former shall inherit in their own right, and the la
tter by right of representation.
Art. 982. The grandchildren and other descendants shall inherit by right of repr
esentation, and if any one of them should have died, leaving several heirs, the
portion pertaining to him shall be divided among the latter in equal portions.
EXCEPTION:
Grandchildren inherit in their own right when all heirs repudiates.
Art. 983. If illegitimate children survive with legitimate children, the shares
of the former shall be in the proportions prescribed by article 895. (RATIO: 2:1
)
Art. 984. repealed by RA 8552.
SUBSECTION 2. - Ascending Direct Line
Art. 985. In default of legitimate children and descendants of the deceased, his
parents and ascendants shall inherit from him, to the exclusion of collateral r
elatives.
The ascendants contemplated are the legitimate ascendants. The successio
n of illegitimate ascendants is covered by Art 993 & 994.
Art. 986. The father and mother, if living, shall inherit in equal shares.
Should one only of them survive, he or she shall succeed to the entire estate
of the child. (since no right of representation in ascending line)
Art. 987. In default of the father and mother, the ascendants nearest in degree
shall inherit.
Should there be more than one of equal degree belonging to the same line they
shall divide the inheritance per capita; should they be of different lines but
of equal degree, one-half shall go to the paternal and the other half to the mat
ernal ascendants. In each line the division shall be made per capita.
SUBSECTION 3. - Illegitimate Children
Art. 988. In the absence of legitimate descendants or ascendants, the illegitima
te children shall succeed to the entire estate of the deceased.
Art. 989. If, together with illegitimate children, there should survive descenda
nts of another illegitimate child who is dead, the former shall succeed in their
own right and the latter by right of representation.
Art. 990. The hereditary rights granted by the two preceding articles to illegit
imate children shall be transmitted upon their death to their descendants, who s
hall inherit by right of representation from their deceased grandparent.
GR: Representation takes place in favor of legitimate descendants
EXCEPTION:
An illegitimate child can represent his parents provided said parents ar
e also illegitimate children of the decendent. Representation is allowed only if
the line is totally illegitimate. (NOTE: a legitimate child can always represen
t a predecessor, whether the latter is legitimate or illegitimate)

Art. 991. If legitimate ascendants are left, the illegitimate children sha
ll divide the inheritance with them, taking one-half of the estate, whatever be
the number of the ascendants or of the illegitimate children.
Successional Barrier between the Legitimate and the Illegitimate Relatives of De
cedent: (Iron Curtain)
Art. 992. An illegitimate child has no right to inherit ab intestato from the le
gitimate children and relatives of his father or mother; nor shall such children
or relatives inherit in the same manner from the illegitimate child.
Corpus vs. Administrator (85 S 567)
There is a successional barrier between the legitimate and illegitimate relat
ives of the deceased. The rule in Article 943 is now found in article 992 of the
Civil Code which provides that "an illegitimate child has no right to inherit a
b intestato from the legitimate children and relatives of his father or mother;
nor shall such children or relatives inherit in the same manner from the illegit
imate child"
That rule is based on the theory that the illegitimate child is disgracefully
looked upon by the legitimate family while the legitimate family is, in turn, h
ated by the illegitimate child. The law does not recognize the blood tie and see
ks to avoid further grounds of resentment.
Leonardo vs, CA (120 S 890)
An illegitimate cannot, by right of representation, claim a share of the est
ate left by the legitimate relatives by his father considering that as found aga
in by the CA, he was born outside wedlock as shown by the fact that when he was
born on September 13, 1938, his alleged putative father and mother were not yet
married, and what is more, his alleged father s first marriage was still subsistin
g. At most, petitioner would be an illegitimate child who has no right to inheri
t ab intestato from the legitimate children and relatives of his father.
Diaz vs. CA (150 S 645)
Art 992 of the New Civil Code provides a barrier or iron curtain in that it
prohibits absolutely a succession ab intestato between the illegitimate child an
d the legitimate children and relatives of the father or mother of said legitima
te child. They may have a natural tie of blood, but this is not recognized by la
w for the purposes of Art 992. Between the legitimate family and the illegitimat
e family there is presumed to be an intervening antagonism and incompatibility.
The illegitimate child is disgracefully looked down upon by the legitimate f
amily; the family is in turn hated by the illegitimate child; the latter conside
rs the privileged condition of the former and the resources of which it is there
by deprived; the former, in turn, sees in the illegitimate child nothing but the
product of sin, palpable evidence of a blemish broken in life; the law does no
more than recognize this truth, by avoiding further grounds of resentment.
So that while Art, 992 prevents the illegitimate issue of a legitimate child
from representing him in the intestate succession of the grandparent; the illeg
itimates of an illegitimate child can now do so.
Diaz vs. CA (182 S IAC)
The right of representation is not available to illegitimate descendants of
legitimate children in the inheritance of a legitimate grandparent. It may be ar
gued, as done by petitioners, that the illegitimate descendant of a legitimate c
hild is entitled to represent by virtue of the provisions of Article 982, which
provides that "the grandchildren and other descendants shall inherit by right of
representation." Such a conclusion is erroneous. It would allow intestate succe
ssion by an illegitimate child to the legitimate parent of his father or mother,
a situation which would set at naught the provisions of Article 992. Article 98
2 is inapplicable to instant case because Article 992 prohibits absolutely a suc
cession ab intestato between the illegitimate child and the legitimate children
and relatives of the father or mother. It may not be amiss to state that Article
982 is the general rule and Article 992 the exception.
The word "relative" as used in Article 992 is broad enough to comprehend all
the kindred of the person spoken of. The word "relatives" should be construed i
n its general acceptation.
According to Prof Balane, to interpret the term relatives in Article 992 in
a more restrictive sense than it is used and intended is not warranted by any ru
le of interpretation. Besides, he further states that when the law intends to us
e the term in a more restrictive sense, it qualifies the term with the word coll
ateral, as in Articles 1003 and 1009 of the New Civil Code.
Art. 993. If an illegitimate child should die without issue, either legitimate o
r illegitimate, his father or mother shall succeed to his entire estate; and if
the child's filiation is duly proved as to both parents, who are both living, th
ey shall inherit from him share and share alike.
Art. 994. In default of the father or mother, an illegitimate child shall be suc
ceeded by his or her surviving spouse who shall be entitled to the entire estate
.
If the widow or widower should survive with brothers and sisters, nephews and
nieces, she or he shall inherit one-half of the estate, and the latter the othe
r half.
SUBSECTION 4. - Surviving Spouse
Art. 995. In the absence of legitimate descendants and ascendants, and illegitim
ate children and their descendants, whether legitimate or illegitimate, the surv
iving spouse shall inherit the entire estate, without prejudice to the rights of
brothers and sisters, nephews and nieces, should there be any, under article 10
01.
It is of no moment whether the marriage is in articulo mortis or not
Art. 996. If a widow or widower and legitimate children or descendants are left,
the surviving spouse has in the succession the same share as that of each of th
e children.
If only 1 child and the spouse survived, both will share the estate equa
lly.
Santillon vs. Miranda (14 S 563)
There is a conflict with what the Civil Code provides as legitime of a spous
e and what he or she may receive by way of intestacy. Art. 892 of the New Civil
Code falls under the chapter on Testamentary Succession, whereas Art. 996 comes
under the chapter on Legal or Intestate Succession. Art. 892 merely fixes the le
gitime of the surviving spouse and Art 888 thereof, the legitime of children in
testate succession. While it may indicate the intent of the law with respect to
the ideal shares that a child and a spouse should get when they concur with each
 other, it does not fix the amount of shares that such child and spouse are enti
tled to when intestacy occurs. Thus, upon intestacy, the provisions of Art 996 a
pplies.
Art. 997. When the widow or widower survives with legitimate parents or ascendan
ts, the surviving spouse shall be entitled to one-half of the estate, and the le
gitimate parents or ascendants to the other half.
In case of partial intestacy, as when the testator has given a legacy to
a voluntary heir and made no disposition as to the remaining estate, the legacy
shall be deducted from the share of the spouse because his or her legitime is l
ess than that of the legitimate child, as long as the reduction will not impair
his or her legitime.
Art. 998. If a widow or widower survives with illegitimate children, such widow
or widower shall be entitled to one-half of the inheritance, and the illegitimat
e children or their descendants, whether legitimate or illegitimate, to the othe
r half.
Art. 999. When the widow or widower survives with legitimate children or their d
escendants and illegitimate children or their descendants, whether legitimate or
illegitimate, such widow or widower shall be entitled to the same share as that
of a legitimate child.
This article does not apply when there is only 1 legitimate child.
If there are several illegitimate children, they will equally divide amo
ng themselves what is left of the estate after giving the shares of the legitima
te children and the surviving spouse.
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate chil
dren are left, the ascendants shall be entitled to one-half of the inheritance,
and the other half shall be divided between the surviving spouse and the illegit
imate children so that such widow or widower shall have one-fourth of the estate
, and the illegitimate children the other fourth.
In case of partial intestacy, the legacy or devise shall be deducted from or
charged to the share of the surviving spouse without however impairing his or he
r legitime of one-eight (1/8) of the estate.
Art. 1001. Should brothers and sisters or their children survive with the widow
or widower, the latter shall be entitled to one-half of the inheritance and the
brothers and sisters or their children to the other half.
If brothers/ sisters of the decedent had become incapacitated or had pre
deceased the decedent, but have children, the latter can represent the incapacit
ated or predeceased if there is no repudiation of the estate.
If the decedent had children, even if illegitimate, the brothers or sist
ers of the decedent are excluded.
In case of partial intestacy, the legacies or devises shall be charged t
o the brothers or sisters or their children.
Art. 1002. In case of a legal separation, if the surviving spouse gave cause for
the separation, he or she shall not have any of the rights granted in the prece
ding articles.
SUBSECTION 5. - Collateral Relatives
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a
surviving spouse, the collateral relatives shall succeed to the entire estate of
the deceased in accordance with the following articles. (Proximity Rule applies
)
Art. 1004. Should the only survivors be brothers and sisters of the full blood,
they shall inherit in equal shares.
Art. 1005. Should brothers and sisters survive together with nephews and nieces,
who are the children of the descendant's brothers and sisters of the full blood
, the former shall inherit per capita, and the latter per stirpes. (Right of Rep
resentation exists)
Art. 1006. Should brother and sisters of the full blood survive together with br
others and sisters of the half blood, the former shall be entitled to a share do
uble that of the latter.
Art. 1007. In case brothers and sisters of the half blood, some on the father's
and some on the mother's side, are the only survivors, all shall inherit in equa
l shares without distinction as to the origin of the property.
Art. 1008. Children of brothers and sisters of the half blood shall succeed per
capita or per stirpes, in accordance with the rules laid down for the brothers a
nd sisters of the full blood.
Art. 1009. Should there be neither brothers nor sisters nor children of brothers
or sisters, the other collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among the
m by reason of relationship by the whole blood.
Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth d
egree of relationship in the collateral line. (no right of representation in the
collateral line beyond nephews and nieces)
SUBSECTION 6. - The State
Art. 1011. In default of persons entitled to succeed in accordance with the prov
isions of the preceding Sections, the State shall inherit the whole estate.
Art. 1012. In order that the State may take possession of the property mentioned
in the preceding article, the pertinent provisions of the Rules of Court must b
e observed.
Art. 1013. After the payment of debts and charges, the personal property shall b
e assigned to the municipality or city where the deceased last resided in the Ph
ilippines, and the real estate to the municipalities or cities, respectively, in
which the same is situated.
If the deceased never resided in the Philippines, the whole estate shall be a
ssigned to the respective municipalities or cities where the same is located.
Such estate shall be for the benefit of public schools, and public charitable
institutions and centers, in such municipalities or cities. The court shall dis
tribute the estate as the respective needs of each beneficiary may warrant.
The court, at the instance of an interested party, or on its own motion, may
order the establishment of a permanent trust, so that only the income from the p
roperty shall be used.
Art. 1014. If a person legally entitled to the estate of the deceased appears an
d files a claim thereto with the court within five years from the date the prope
rty was delivered to the State, such person shall be entitled to the possession
of the same, or if sold the municipality or city shall be accountable to him for
such part of the proceeds as may not have been lawfully spent.
Escheat:
 Succession by the State to ownerless properties due to lack of qualified
legal heirs

When the State inherits, the Assignment and Disposition of Decedent s Assets are t
he ff:
1. If decedent is a resident of the Philippines at any time
a. Personal Property = to municipality of last residence
b. Real Property = where situated
2. If decedent never a resident of the Philippines
a. Personal and real property = where respectively situated
How Property is to be used by the State:
1. For the benefit of public educational and charitable institutions in the resp
ective municipalities/cities
2. Alternatively, at the instance of an interested party, or motu proprio, court
may order creation of a permanent trust for the benefit of the institutions con
cerned
NOTE: Heirs may recover property within 5 years from delivery to the State (1014
)

CHAPTER 4
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS
Filling of Vacancies:
FreeRepresentation
Legitime
Causes
1.
Predecease
Intestacy
Portion
2. Co-heirs in their own right
3. Secondary forced heirs
4. Other relatives by intestacy
1. Substitution
2. Accretion (1016)
3. Representation
1. Legal heirs by intestacy
2. Co-heirs in their own right
3. Nextasorder
Incapacity
(same in predecease)
of heirs under rules of intestacy
1. Co-heirs in their own right (no representation)
Repudiation
2. If all repudiates, heirs of the next degree in their own right (no representa
tion)
3. Secondary forced heirs
4. Intestacy
(same
1. Accretion
as in predecease)
2. Heirs of the next degree in their own right (no representation)
3. Next
(same
Disinheritance
Not applicable
asininline
predecease)
of heirs in the order of intestacy

SECTION 1. - Right of Accretion

Art. 1015. Accretion is a right by virtue of which, when two or more persons are
called to the same inheritance, devise or legacy, the part assigned to the one
who renounces or cannot receive his share, or who died before the testator, is a
dded or incorporated to that of his co-heirs, co-devisees, or co-legatees.
ELEMENTS of Right of Accretion:
Art. 1016. In order that the right of accretion may take place in a testamentary
succession, it shall be necessary:
(1) That two or more persons be called to the same inheritance, or to the same p
ortion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or renounce the
inheritance, or be incapacitated to receive it.
Meaning of pro indiviso
j Either the co-heirs are instituted without individual designation of shares
j The co-heirs are instituted with the specification that they share equally ( in
equal shares ) or that they have the same fractional sharing for each

Instances when there is Accretion:

1. Repudiation
2. Predecease (in case of intestate, if representation does not take place)
3. Incapacity (in case of intestate, if representation does not take place)
4. Non-fulfillment of suspensive condition imposed upon instituted heir
5. Ineffective testamentary disposition
NOTE: Only the first 3 instances are applicable in both testamentary and intesta
te succession. The rest are only applicable in testamentary succession.
j No accretion when there is representation
j No accretion when there is substitution
j ORDER of Preference (ISRAI)
o Institution
o Substitution
o Representation
o Accretion
o Intestacy
Requisites of Accretion:
1. Unity of object; (the same inheritance, legacy or devise)
2. Plurality of subjects; (2 or more persons are called to the same property pro
indiviso)
3. Vacant portion; DUE TO:
a. Repudiation
b. Predecease
c. Incapacity
d. If a suspensive condition is not fulfilled
e. If a particular heir cannot be identified
4. Acceptance

Representation
Accretion
TESTAMENTARY SUCCESSION: (no conflict between representation and accretion since
the first pertains only to legitime of the compulsory heir, the 2nd pertains to
free portion which is rendered vacant by predecease or incapacity)
On case
In the legitime
of predecease, incapacity or disinheritance, representation will operate
if the heir had children/descendants. If none, other heirs will inherit in thei
r own right.
Accretion
In case ofisrepudiation,
not applicable
otherinheirs
legitime.
will inherit
It applies
theonly
vacant
in portion
free portion
in their
(1021)
own
right
On case
In the free
of predecease,
portion there is no right of representation (voluntary heir who d
ies beforetakes
Accretion testator
placecannot
if alltransmit
the requisites
anythingintoArt
his1016
heirs)
are present. If not, oth
er heirs will inherit in their own right
INTESTATE SUCCESSION: (there is conflict in case the heir who predeceased decede
nt or incapacitated to succeed is survived by children/ descendants AND by his c
o-heirs, co-legatees or co-devisees. BUT right of representation prevails)
Predecease and will
Representation incapacity
operate if there are children or descendants. Otherwise, leg
al heirs will inherit in their own right.
Repudiation
Repudiator
There is always
cannot
(if accretion
allberepudiates,
represented
in favor
theofffco-heirs
degree will inherit in their own right)

Art. 1017. The words "one-half for each" or "in equal shares" or any others whic
h, though designating an aliquot part, do not identify it by such description as
shall make each heir the exclusive owner of determinate property, shall not exc
lude the right of accretion.
In case of money or fungible goods, if the share of each heir is not earmarke
d, there shall be a right of accretion.
Art. 1018. In legal succession the share of the person who repudiates the inheri
tance shall always accrue to his co-heirs.
Similarities between Accretion and Substitution:
1. Both refer only to the free portion of the inheritance (904, 1021)
2. Both are possible only if there is a vacancy in the inheritance due to predec
ease, incapacity, or repudiation (859, 1016)
3. In both processes, the vacant portion is generally received with the same con
ditions and charges attached thereto (861, 1019)
Art. 1019. The heirs to whom the portion goes by the right of accretion take it
in the same proportion that they inherit.
Art. 1020. The heirs to whom the inheritance accrues shall succeed to all the ri
ghts and obligations which the heir who renounced or could not receive it would
have had.
EXCEPTIONS:
1. In testamentary succession, if the testator provides otherwise;
2. If the obligation is purely personal, and hence intransmissible
Art. 1021. Among the compulsory heirs the right of accretion shall take place on
ly when the free portion is left to two or more of them, or to any one of them a
nd to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall succeed
to it in their own right, and not by the right of accretion. (No accretion in th
e legitime)
Art. 1022. In testamentary succession, when the right of accretion does not take
place, the vacant portion of the instituted heirs, if no substitute has been de
signated, shall pass to the legal heirs of the testator, who shall receive it wi
th the same charges and obligations.
Art. 1023. Accretion shall also take place among devisees, legatees and usufruct
uaries under the same conditions established for heirs.

When Accretion Fills Vacancies:

Free
Legitime
Causes
Predecease
Intestacy
Incapacity
YES,
No
Disinheritance
Yes
Not
Repudiation
Accretion
applicable
Part Substitution is provided
unless

SECTION 2. - Capacity to Succeed by Will of by Intestacy

Capacity to Succeed (Passive Testamentary Capacity)
Ability to inherit and retain property obtained mortis causa
Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato.
The provisions relating to incapacity by will are equally applicable to intes
tate succession. (not accurate)
Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee m
ust be living at the moment the succession opens, except in case of representati
on, when it is proper. (exception not accurate)
A child already conceived at the time of the death of the decedent is capable
of succeeding provided it be born later under the conditions prescribed in arti
cle 41.
Requisites before a person can inherit by will or intestacy:
1. The heir, legatee or devisee must be living or in existence at the moment the
succession opens; and
a. If institution is subject to a suspensive condition = successor must also be
living when condition happens (1034(3))
b. If institution is subject to a suspensive term = requirement of being alive a
pplies only at the decedent s death
2. Such heir, legatee or devisee must not be incapacitated or disqualified by la
w to succeed
j Succession opens at the decedent s death (777)
j living = enough that the heir, legatee or devisee be already conceived when the
decedent dies, provided it be born later fulfilling Art 40 & 41
Art. 40. Birth determines personality; but the conceived child shall be consider
ed born for all purposes that are favorable to it, provided it be born later wit
h the conditions specified in the following article.
Art. 41. For civil purposes, the foetus is considered born if it is alive at the
time it is completely delivered from the mother's womb. However, if the foetus
had an intra-uterine life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery from the maternal wom
b.
Representation is NOT an Exception:
Heir must be alive when the decedent dies. There is no exception to this
rule because of Art 971 & 973
Parish Priest of Roman Catholic Church vs. Rigor (89 S 493)
Where a priest makes a provision in his will that certain legacies shall pas
s to his nearest male relative who pursues priesthood, it is said to be limited
to those living at the time of the execution of the will. We hold that the said
bequest refers to the testator's nearest male relative living at the time of his
death and not to any indefinite time thereafter.
"In order to be capacitated to inherit, the heir, devisee or legatee must be
living at the moment the succession opens, except in case of representation, wh
en it is proper" (Art. 1025 NCC).
Art. 1026. A testamentary disposition may be made to the
O State,
O provinces,
O municipal corporations,
O private corporations,
O organizations, or associations for religious, scientific, cultural, educationa
l, or charitable purposes.
All other corporations or entities may succeed under a will, unless there is
a provision to the contrary in their charter or the laws of their creation, and
always subject to the same.

Juridical Persons Requirement for capacity to succeed:

 It must already exist as a juridical person when the decedent dies.
BUT private juridical persons cannot inherit in legal succession.
Enumeration of Juridical Persons:
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose
, created by law; their personality begins as soon as they have been constituted
according to law;
(3) Corporations, partnerships and associations for private interest or purpose
to which the law grants a juridical personality, separate and distinct from that
of each shareholder, partner or member.
Balene opines that organizations or associations which do not possess juridica
l personality cannot succeed, because legally they would not exist.
Pineda though states that these organizations can still inherit even if they a
re not registered in accordance with law in accord with the spirit and philanthr
opy of modern times
GR: A thing or an entity which is neither a natural nor a juridical person canno
t inherit by will (1025)
EXCEPTION:
1. Organizations or associations for religious, scientific, cultural, educationa
l, or charitable purposes(1026) ; and
2. The poor in general (1030)
Kinds of Incapacity to Succeed:
1. Absolute or Per Se = incapacity of a person, whether natural or juridical, to
succeed any person in any form with regard to any property
a. Those not living at the moment the succession opened
b. Those who lack juridical capacity e.g. abortive infants, child not yet concei
ved
c. Uncertain persons
d. Individual, associations, and corporations not permitted by law or their char
ters to inherit
2. Relative or Per Accidens = incapacity of a person, whether natural or juridic
al, to succeed by reason of a special relation which he has to the decedent or t
o other persons, or to the property disposed of
a. Incapacity due to undue influence, public policy, acts of unworthiness
b. Incapacity of the guilty spouse to inherit where there is a decree of legal s
eparation
c. Incapacity of legitimate and illegitimate relatives to inherit from each othe
r ab intestato

Incapacitated to Succeed by Will:

Art. 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness,
or the minister of the gospel who extended spiritual aid to him during the same
period;
(2) The relatives of such priest or minister of the gospel within the fourth deg
ree, the church, order, chapter, community, organization, or institution to whic
h such priest or minister may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his
favor before the final accounts of the guardianship have been approved, even if
the testator should die after the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when the latter is his ascendant, desc
endant, brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or ch
ildren, or any one claiming under such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of t
he testator during his last illness;
(6) Individuals, associations and corporations not permitted by law to inherit.
Other Grounds:
(7) Persons with whom the testator is guilty of adultery or concubinage at time
of execution of the will (criminal conviction not necessary)
(8) Persons found guilty of same criminal offense as the testator, when the inhe
ritance, legacy or devise is in consideration thereof;
(9) A public officer or his or her spouse, descendants, or ascendants, when the
inheritance, legacy or devise is given by reason of his or her office
j All of the above grounds, except par 6, applies only to testamentary successio
n
j So, if compulsory heir was excluded based on Art 1027, free portion given to h
im is affected BUT NOT his legitime
j But if compulsory heir violated Art 1032, even his legitime is affected
j In these cases, undue influence is CONCLUSIVELY PRESUMED
Requisites for Priest or Minister of the Gospel to be disqualified:
1. The will must have been executed during the testator s last illness
2. The spiritual ministration (confession not sacrament) must have been extended
during the last illness
3. The will must have been executed during or after the spiritual ministration
Q: Testator, after executing the will dies 10 months afterwards due to relapse.
Would the priest be disqualified?
ANS: 2 views
1. Since the disposition was void, it cannot be ratified thus priest is disquali
fied
2. Testator s failure to rectify the disposition is deemed to be a ratification or
confirmation of the same (Jurado s preference)
j Is Spouse of the minister disqualified? Balane says yes because the evil sought
to be avoided can be circumvented by the spouse BUT Jurado says no since the law d
oes not say so

Guardian:
j For this disqualification to apply, the will must have been executed by the wa
rd during the effectivity of the guardianship
j Kind of Guardianship covered limited to guardians over property OR over person
s
j EXCEPTION: a guardian who happens to be an ascendant, descendant, brother, sis
ter, or spouse of the ward-testator is excluded from the prohibition
j Relatives of the Guardian are not included in the incapacity
Attesting Witness
j This is an exception to Art 823
j Attesting witness is disqualified to succeed unless aside from him, there are
3 or more witnesses who witnessed the execution of the will
j If the witness is a compulsory heir, he is not disqualified to get his legitim
e -- disqualification refers only to the free portion
j Notary public who acknowledged the testator s will is not disqualified
Physician
Taking care means medical attendance with some regularity or continuity be
cause it is in such circumstances that the possibility of duress exists.
If the physician is also the testator s spouse, child or parent, the prohi
bition does not apply
Art. 1028. The prohibitions mentioned in article 739, concerning donations inter
vivos shall apply to testamentary provisions.
Art. 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the
time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in con
sideration thereof;
(3) Those made to a public officer or his wife, descedants and ascendants, by re
ason of his office.
In the case referred to in No. 1, the action for declaration of nullity may
be brought by the spouse of the donor or donee; and the guilt of the donor and d
onee may be proved by preponderance of evidence in the same action.
Q: Testator s wife was convicted of adultery but testator died without a will. Can
wife inherit?
ANS: Yes, wife can inherit because the only time when guilty spouse is c
onsidered unworthy is when there is a decree of legal separation. In this case,
there is no decree.
Art. 1029. Should the testator dispose of the whole or part of his property for
prayers and pious works for the benefit of his soul, in general terms and withou
t specifying its application, the executor, with the court's approval shall deli
ver
O one-half thereof or its proceeds to the church or denomination to which the te
stator may belong, to be used for such prayers and pious works, and
O the other half to the State, for the purposes mentioned in article 1013.

Art. 1030. Testamentary provisions in favor of the poor in general, without desi
gnation of particular persons or of any community, shall be deemed limited to th
e poor living in the domicile of the testator at the time of his death, unless i
t should clearly appear that his intention was otherwise.
The designation of the persons who are to be considered as poor and the distr
ibution of the property shall be made
O by the person appointed by the testator for the purpose;
O in default of such person, by the executor, and
O should there be no executor, by the justice of the peace, the mayor, and the m
unicipal treasurer, who shall decide by a majority of votes all questions that m
ay arise.
O In all these cases, the approval of the Court of First Instance shall be neces
sary.
The preceding paragraph shall apply when the testator has disposed of his prop
erty in favor of the poor of a definite locality. (749a)
Special Dispositions:
1. For prayers and pious works for the benefit of the soul of the testator, made
in general terms (1029)
2. Disposition in favor of the poor in general (1030)
Art. 1031. A testamentary provision in favor of a disqualified person, even thou
gh made under the guise of an onerous contract, or made through an intermediary,
shall be void.
INTERPOSITION:
A qualified person is names as the apparent heir, devisee, or legatee in
a will. In truth, however, another person is to benefit from the testamentary d
isposition.
Effect of Simulation or Circumvention:
The disposition is void hence ineffective both as to the intended benefi
ciary and the intermediary. The intestate heirs, to whom the property would go,
have the right to claim the nullity.
Disqualified Persons:
Refers to a person absolutely incapacitated to inherit or to a person in
capacitated by reason of incapacity (1027) or by reason of public morality (1028
)
The term does not refer to those incapacitated by reason of unworthiness
under 1032 because of 1033 since there can be condonation in unworthiness
(mem) Art. 1032. The following are incapable of succeeding by reason of unworthi
ness:
1. Parents who have abandoned their children or induced their daughters to lead
a corrupt or immoral life, or attempted against their virtue;
2. Any person who has been convicted of an attempt against the life of the testa
tor, his or her spouse, descendants, or ascendants;
3. Any person who has accused the testator of a crime for which the law prescrib
es imprisonment for six years or more, if the accusation has been found groundle
ss;
4. Any heir of full age who, having knowledge of the violent death of the testat
or, should fail to report it to an officer of the law within a month, unless the
authorities have already taken action; this prohibition shall not apply to case
s wherein, according to law, there is no obligation to make an accusation;
5. Any person convicted of adultery or concubinage with the spouse of the testat
or;
6. Any person who by fraud, violence, intimidation, or undue influence should ca
use the testator to make a will or to change one already made;
7. Any person who by the same means prevents another from making a will, or from
revoking one already made, or who supplants, conceals, or alters the latter's w
ill;
8. Any person who falsifies or forges a supposed will of the decedent.
j Applicable to testate and intestate succession
j Incapacity due to unworthiness is only relative
Requisites for Failure to Report the Violent Death of Testator to the Authoritie
s:
1. The heir has knowledge of violent death of the decedent;
2. The heir is of legal age;
3. The heir fails to report it to all officer of the law within a month (after l
earning of it);
4. The authorities have not yet taken action;
5. There is a legal obligation for the heir to make an accusation. (now: no one
is bound to make an accusation except the authorities concerned)
Effects of Acts of Unworthiness: Total Disqualification
Even if the heir is a compulsory heir, he loses his right to the legitim
e.
The effect of unworthiness is a kind of legal disinheritance; it is a pe
nalty declared by law itself for serious offenses committed by the heir, devisee
, or legatee against the decedent
The unworthy compulsory heir FORFEITS EVERYTHING which he could have rec
eived mortis cause from the decedent. The devisee and legatee are considered as
if they did not exist.
Donations inter vivos are not affected. They can be revoked by the deced
ent during his lifetime. If not revoked, they are subject to collation only
Condonation:
Art. 1033. The cause of unworthiness shall be without effect if the testator had
knowledge thereof at the time he made the will, or if, having known of them sub
sequently, he should condone them in writing.
Restoration of Capacity:
1. [EXPRESS CONDONATION] A written condonation
2. [IMPLIED CONDONATION] The execution by the offended party of a will with know
ledge of the cause of unworthiness (making a will is not enough; the will must a
lso either institute the unworthy heir or restore him to capacity)
j There are grounds for unworthiness which are the same grounds for disinheritan
ce.
j For DISINHERITANCE, subsequent reconciliation is enough but for UNWORTHINESS,
there must either be a written pardon or subsequent will
Restoration of Capacity: Overlap of Rules on Unworthiness & Disinheritance
1. If the offended party does not make a will subsequent to the occurrence of th
e (common) cause
a. 1033 applies = written condonation is necessary to restore capacity
2. If the offended party makes a will subsequent to the occurrence of the (commo
n) cause
a. If he knew of the cause
i. If he disinherits = apply 922
ii. If he institutes or pardons the offender = offender restored to capacity
iii. If will is silent = disputed but better view is that the unworthiness stays
b. If he did not know of the cause = unworthiness stays
NOTE: for Pineda, the rule on disinheritance prevails if testator disinherited t
he heir on (common) cause no need to bother with rules on unworthiness
Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his q
ualification at the time of the death of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary
to wait until final judgment is rendered, and in the case falling under No. 4,
the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of the c
ompliance with the condition shall also be considered. (758a)
GR: Capacity is determined at the time of the time of the decedent s death (777)
EXCEPTION:
1. If institution is subject to a suspensive condition (DOUBLE CAPACITY)
a. Time of decedent s death; and
b. Time of happening of condition
2. If final judgment is a requisite of unworthiness = time of final judgment
Representation in Unworthiness:
Art. 1035. If the person excluded from the inheritance by reason of incapacity s
hould be a child or descendant of the decedent and should have children or desce
ndants, the latter shall acquire his right to the legitime.
The person so excluded shall not enjoy the usufruct and administration of the
property thus inherited by his children.
j Extent of Representation: extends not only to the legitime, but also to whatev
er portion in the intestate succession the person represented may have been enti
tled to (but for Sempio-Dy, representation is only in the legitime since there i
s no right of representation with respect to the free portion)
j If the unworthy heir has no descendant, the property shall go back to the esta
te of the decedent for disposition in favor of the legal heirs
j For unworthy brother or sister, his/her children will represent
Art. 1036. Alienations of hereditary property, and acts of administration perfor
med by the excluded heir, before the judicial order of exclusion, are valid as t
o the third persons who acted in good faith; but the co-heirs shall have a right
to recover damages from the disqualified heir.
Art. 1037. The unworthy heir who is excluded from the succession has a right
O to demand indemnity or any expenses incurred in the preservation of the heredi
tary property, and
O to enforce such credits as he may have against the estate.
Right to Reimbursement granted to the excluded heir is irrespective of his bad
faith because the expenses incurred under this Article are necessary expenses
Art. 1038. Any person incapable of succession, who, disregarding the prohibition
stated in the preceding articles, entered into the possession of the hereditary
property, shall be obliged to return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or coul
d have received through the exercise of due diligence.
Disqualified heir who took the possession of the hereditary property is a posses
sor in bad faith.
1. Obligation to return, with accessions;
2. Liability for fruits which were received and could have been received

National law of the Decedent governs not that of the heir

Art. 1039. Capacity to succeed is governed by the law of the nation of the deced
ent.
National Law of the Deceased Governs:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of the provisions of the will
4. Capacity to succeed
Art. 1040. The action for a declaration of incapacity and for the recovery of th
e inheritance, devise or legacy shall be brought within five years from the time
the disqualified person took possession thereof. It may be brought by any one w
ho may have an interest in the succession.
SECTION 3. - Acceptance and Repudiation of the Inheritance
Art. 1041. The acceptance or repudiation of the inheritance is an act which is p
urely voluntary and free.
Art. 1042. The effects of the acceptance or repudiation shall always retroact to
the moment of the death of the decedent.
j If acceptance & repudiation is vitiated by vices of consent, these can be repu
diated
j Partial acceptance & repudiation is allowed EXCEPT cannot repudiate onerous pa
rt and accept gratuitous part (990)
j Conditional Acceptance & Repudiation is PROHIBITED because the hair has no rig
ht over the property until he accepts the inheritance
Retroactivity:
1. Of acceptance = successor deemed to have owned or possessed the property from
the precise moment of the decedent s death
2. Of renunciation = renouncer is deemed to have never owned or possessed the pr
operty
3. Conditional Institutions = retroact to the moment of death of decedent upon t
he fulfillment of condition (or when condition is not fulfilled intestate heir is
deemed owner from the moment of death of decedent)
a. During the interim, the property must be placed under administration (880)
Requisites for Acceptance & Repudiation:
Art. 1043. No person may accept or repudiate an inheritance unless he is certain
O of the death of the person from whom he is to inherit, and
O of his right to the inheritance.
Art. 1044. Any person having the free disposal of his property may accept or rep
udiate an inheritance.
Any inheritance left to minors or incapacitated persons may be accepted by th
eir parents or guardians. Parents or guardians may repudiate the inheritance lef
t to their wards only by judicial authorization.
The right to accept an inheritance left to the poor shall belong to the perso
ns designated by the testator to determine the beneficiaries and distribute the
property, or in their default, to those mentioned in article 1030.
1. Requirement for personal acceptance or repudiation = capacity to act
2. Acceptance or Renunciation on behalf of minors or other incapacitated parties
= through their legal representatives BUT repudiation must be with court approv
al
3. Acceptance of testamentary grants to the poor = person empowered under 1030
a. These authorized individuals can only accept, not reject the grant
b. The persons selected as qualified recipients, for their own part, free to acc
ept or renounce the benefit
Art. 1045. The lawful representatives of corporations, associations, institution
s and entities qualified to acquire property may accept any inheritance left to
the latter, but in order to repudiate it, the approval of the court shall be nec
essary.
Art. 1046. Public official establishments can neither accept nor repudiate an in
heritance without the approval of the government.
Public Official Establishments:
Refer to organizations devoted to public purposes, like charity and educ
ation, and supported by public funds like Red Cross, BSP, GSP
Do not refer to the administrative organization of the gov t such as the b
ureaus and departments of the Government
Art. 1047. A married woman of age may repudiate an inheritance without the conse
nt of her husband.
Art. 1048. Deaf-mutes who can read and write may accept or repudiate the inherit
ance personally or through an agent. Should they not be able to read and write,
the inheritance shall be accepted by their guardians. These guardians may repudi
ate the same with judicial approval.
j Deaf-mute who can read and write has contractual capacity (1327)
j Illiterate deaf-mutes is incompetent so can only accept or repudiate through r
epresentative (1044)
Summary of who may accept or repudiate:
GR: if the heir, legatee or devisee has the free disposal of his property, he hi
mself may accept or repudiate his inheritance, legacy or devise
SPECIAL LIMITATIONS:
1. If beneficiary is incapacitated (minor, deaf-mute who cannot read or write, i
nsolvent judicially declared, under civil interdiction) = guardian or legal repr
esentative may accept or repudiate but in case of repudiation, judicial authoriz
ation is necessary
2. If beneficiary is the poor = right to accept belongs to the person designated
by testator, executor. But repudiation is only exercised by beneficiaries
3. If beneficiary is a corporation = legal representative shall accept or repudi
ate but judicial authorization is needed for repudiation
Art. 1049. Acceptance may be express or tacit.
An express acceptance must be made in a public or private document.
A tacit acceptance is one resulting from acts by which the intention to accep
t is necessarily implied, or which one would have no right to do except in the c
apacity of an heir.
Acts of mere preservation or provisional administration do not imply an accep
tance of the inheritance if, through such acts, the title or capacity of an heir
has not been assumed.
Kinds of Acceptance:
1. Express
a. Public document; or
b. Private writing
2. Tacit = acts by which the intention to accept is necessarily implies or which
one would have no right to do except in the capacity of an heir (like taking po
ssession)
3. Implied (1057) = by operation of law, when the heir has not signified his acc
eptance or repudiation within 30 days
GR: Act of mere preservation or provisional administration is not acceptance
EXCEPTION:
If side by side with the acts of preservation, the heir has assumed the
title or capacity of an heir (Exercising acts of dominion is implied acceptance)
s
Instances of TACIT Acceptance:
Art. 1050. An inheritance is deemed accepted:
(1) If the heirs sells, donates, or assigns his right to a stranger, or to his c
o-heirs, or to any of them;
(2) If the heir renounces the same, even though gratuitously, for the benefit of
one or more of his co-heirs;
(3) If he renounces it for a price in favor of all his co-heirs indiscriminately
; but if this renunciation should be gratuitous, and the co-heirs in whose favor
it is made are those upon whom the portion renounced should devolve by virtue o
f accretion, the inheritance shall not be deemed as accepted.
Art. 1051. The repudiation of an inheritance
O shall be made in a public or authentic instrument, or
O by petition presented to the court having jurisdiction over the testamentary o
r intestate proceedings.
Requisites of valid waiver of inheritance:
1. Existence of a right;
2. Knowledge of existence thereof; and
3. Intention to relinquish such right
Reasons why repudiation must be express:
1. it is an act of alienation of property rights;
2. creditors of the renounces must be protected; and
3. it has the effect of disturbing the juridical relations intended by the testa
tor in his will
Acceptance
Act
Definition
Repudiation
of an heir manifesting his willingness to receive the inheritance to which h
e is being
Heir s act called
of manifesting
to succeed
his rejection of the inheritance to which he is being ca
lledExpress
1.
Form to succeed
2. Tacit
3. Public
1. Impliedor authentic instrument
2. Petition is filed in the settlement proceedings
Art. 1052. If the heir repudiates the inheritance to the prejudice of his own cr
editors, the latter may petition the court to authorize them to accept it in the
name of the heir.
The acceptance shall benefit the creditors only to an extent sufficient to co
ver the amount of their credits. The excess, should there be any, shall in no ca
se pertain to the renouncer, but shall be adjudicated to the persons to whom, in
accordance with the rules established in this Code, it may belong.
j This is an instance of accion publiciana right given to creditors to impugn or
set aside contracts, transactions or dispositions of their debtors which will p
rejudice or defraud them (1177; 1313)
j LIMIT: creditors can only accept the amount to the extent of their claims; the
rest can be repudiated
j If there are several creditors, the acceptance of one is enough

When Creditors cannot invoke Art 1052:

1. If the repudiating heir has sufficient properties of his own to pay the claim
s
2. Persons who became creditors only after the repudiation cannot invoke Art 105
2 because at the time of the repudiation, they have not been prejudiced yet
Art. 1053. If the heir should die without having accepted or repudiated the inhe
ritance his right shall be transmitted to his heirs.
j What is being transmitted to the heirs of the legal or instituted heir (who di
ed without having accepted or repudiated the inheritance) is the latter s right to
accept or repudiate
j This is not the right of representation which operates in case of predecease,
incapacity and disinheritance under 970
The right
Right
Art 1053
of Representation
is derived not from the person represented but from the estate of the
Right transmitted is directly derived from the deceased predecessor and involves
deceased
Takes
only place
the right
onlytoinaccept
the direct
or repudiate
descending line but never in ascending. In collat
eralsuch
No line,
limitation
only in favor of nephews and nieces
Effect of Acceptance:
The heirs who accepted are inheriting directly from the deceased and not
from the predecessor of the deceased.
ILLUSTRATION: Testator instituted A as legatee. A died after Testator s death s
o A s children, B&C accepted the legacy. B & C inherited from A, not from the test
ator.
Art. 1054. Should there be several heirs called to the inheritance, some of them
may accept and the others may repudiate it.
Illustration of Partial Acceptance/ Repudiation:
Art. 1055. If a person, who is called to the same inheritance as an heir by will
and ab intestato, repudiates the inheritance in his capacity as a testamentary
heir, he is understood to have repudiated it in both capacities.
Should he repudiate it as an intestate heir, without knowledge of his being a
 testamentary heir, he may still accept it in the latter capacity.
j Will is the express will of the testator while succession by intestacy is only the
presumed will of the decedent
j Rejection of express will implies the rejection of the presumed will
1. Renounces as testamentary heir = deemed to have renounced as intestate heir a
s well
2. Renounces as intestate heir without knowledge of his being testamentary heir
= not deemed to have renounced testamentary heir
3. Renounces as intestate heir with knowledge of his being testamentary heir = 2
views but Pineda opines that renouncer is deemed estopped
Non-applicability of rule to legitime:
Should the heir be simultaneously a compulsory heir and a testamentary h
eir, he can accept either or both

Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevo

cable, and cannot be impugned, except when it was made through any of the causes
that vitiate consent, or when an unknown will appears.
Exception to rule of finality of acceptance or renunciation:
1. Vitiated consent
a. violence,
b. intimidation,
c. undue influence,
d. mistake and
e. fraud
2. Appearance of an unknown will
Art. 1057. Within thirty days after the court has issued an order for the distri
bution of the estate in accordance with the Rules of Court, the heirs, devisees
and legatees shall signify to the court having jurisdiction whether they accept
or repudiate the inheritance.
If they do not do so within that time, they are deemed to have accepted the i
nheritance.
j Order of distribution is issued when there is already a final project of parti
tion
j The order of distribution is itself a writ of execution
SECTION 4. - Executors and Administrators
Art. 1058. All matters relating to the appointment, powers and duties of executo
rs and administrators and concerning the administration of estates of deceased p
ersons shall be governed by the Rules of Court.
Art. 1059. If the assets of the estate of a decedent which can be applied to the
payment of debts are not sufficient for that purpose, the provisions of article
s 2239 to 2251 on Preference of Credits shall be observed, provided that the exp
enses referred to in article 2244, No. 8, shall be those involved in the adminis
tration of the decedent's estate.
Art. 1060. A corporation or association authorized to conduct the business of a
trust company in the Philippines may be appointed as an executor, administrator,
guardian of an estate, or trustee, in like manner as an individual; but it shal
l not be appointed guardian of the person of a ward.
SECTION 5. - Collation
Meanings of Collation:
1. Collation as computation
2. Collation as imputation
3. Collation as return
Collation as computation: To find out how much he left behind (908, 1061)
This is a simple accounting or arithmetical process, whereby the value of all
donations inter vivos made by the decedent is added to his available assets in
order to arrive at the value of the net hereditary estate.
STEPS: (paper computation; purely arithmetical)
1. Inventory all assets of the estate
2. Deduct or set aside an amount or property representing the outstanding obliga
tions
3. Adding the difference between the 1st & 2nd value of all donations inter vivo
s made by the decedent (only donations to compulsory heirs)
NOTE: proceeds of life insurance are not collationable because they are not cons
idered donations
Collation as imputation: How donation inter vivos are to be treated (1063-1066;
1068-1073)
This is the process by which donations inter vivos by the decedent are c
orrespondingly charged either to the donee s legitime or against the disposable po
rtion.
Collation as restoration or return: Reduction of inofficious donations in law of
prop: 752; 771-773; 909-910
If a donation inter vivos impairs the legitime, then it is inofficious and mu
st be reduced to the extent of the impairment (1075, 7076)
This takes place when a donation inter vivos is found to be inofficious
and so much of its value as is inofficious is returned to the decedent s estate to
satisfy the legitimes
Inofficious Donation: Exceeds disposable portion
General Rule:
Since donations given to compulsory heirs are charged to their respective leg
itimes, such donations are not subject to collation in the 3rd sense because the
re would in such a case be no possibility of inofficiousness since these donatio
ns convert into legitimes
What donation can be collated in this 3rd sense:
* donations to strangers
* donation to compulsory heirs which the donor expressly exempts from imputation
; and
* donation to compulsory heirs which, falling under the general rule of being im
puted to the legitime, are in excess of the donee s legitime (excess is treated as
donation to a stranger)
What shd be returned prop itself or value?
* no article or juris would say
* 760 & 762 = thing itself be returned, no option being given to the donee
* Code Commission & Paras = donee has the option of either returning the thing i
tself or its value
Collation as Computation:
Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, must
bring into the mass of the estate any property or right which he may have recei
ved from the decedent, during the lifetime of the latter, by way of donation, or
any other gratuitous title, in order that it may be computed in the determinati
on of the legitime of each heir, and in the account of the partition.
j Spouse not included here since spouses are prohibited from donating to each ot
her during their marriage
j Donations made before the marriage is considered as donation made to a strange
r and charged against free portion
j What should be included in the computation of net hereditary estate = all dona
tions inter vivos whether made to compulsory heirs or to strangers should be inc
luded
j Value to be computed = value of the property at the time the donation was made
Both Direct and Indirect Donations are Collationable:
1. Direct donations = ordinary donations effected in accordance with 725
2. Indirect donations = given through some other ways such as remission of debts
of the heir
Vizconde vs. CA
Collation is the act by virtue of which descendants or other forced heirs wh
o intervene in the division of the inheritance of an ascendant bring into the co
mmon mass the property which they received from him, so that the division may be
made according to law and the will of the testator.
Collation is only required of compulsory heirs succeeding with other compuls
ory heirs and involves property or rights received by donation or gratuitous tit
le during the lifetime of the decedent. The purpose is to attain equality among
the compulsory heirs in so far as possible for it is presumed that the intention
of the testator or predecessor in interest in making a donation or gratuitous t
ransfer to a forced heir is to give him something in advance on account of his s
hare in the estate, and that the predecessors will is to treat all his heirs equ
ally, in the absence of any expression to the contrary. Collation does not impos
e any lien on the property or the subject matter of collationable donation. What
is brought to collation is not the property donated itself, but rather the valu
e of such property at the time it was donated, the rationale being that the dona
tion is a real alienation which conveys ownership upon its acceptance, hence any
increase in value or any deterioration or loss thereof is for the account of th
e heir or donee.
Thus, it is an error to require a son-in-law of the decedent to be included i
n the collation as he is not a compulsory heir.
Collation as Imputation:
Art. 1062. Collation shall not take place among compulsory heirs
O if the donor should have so expressly provided, or
O if the donee should repudiate the inheritance, unless the donation should be r
educed as inofficious.
Donations Inter vivos to Compulsory Heirs:
GR: Donation to a compulsory heir is considered as an advance on his legitime (9
09, 910)
EXCEPTION: Donation made to a compulsory heir will not be charged to his legitim
e but to the FREE PORTION
1. if the donor (the decedent) makes such a provision in the Deed of Donation
2. if donee should repudiate
Donations Inter vivos to Strangers:
Donations made to strangers will be imputed to the disposable portion since t
hey have no legitime to speak of (909)
Instances when donations inter vivos are to be imputed to the free portion:
1. When made to strangers
2. When made to compulsory heirs, and the donor so provides;
3. When made to compulsory heirs who renounce the inheritance:
4. When in excess of the compulsory heir's legitime, as to the excess.
Collation as Imputation:
Art. 1063. Property left by will is not deemed subject to collation, if the test
ator has not otherwise provided, but the legitime shall in any case remain unimp
aired.
Rule on Testamentary Dispositions to Compulsory Heirs:
GR: They should not be imputed to the legitime, but to the free portion (collati
on covers only donation inter vivos)
EXCEPTION:
If the testator provides otherwise
Collation as Imputation:
Art. 1064. When the grandchildren, who survive with their uncles, aunts, or cous
ins, inherit from their grandparents in representation of their father or mother
, they shall bring to collation all that their parents, if alive, would have bee
n obliged to bring, even though such grandchildren have not inherited the proper
ty.
They shall also bring to collation all that they may have received from the d
ecedent during his lifetime, unless the testator has provided otherwise, in whic
h case his wishes must be respected, if the legitime of the co-heirs is not prej
udiced. (1038)

Collation as Imputation:
Art. 1065. Parents are not obliged to bring to collation in the inheritance of t
heir ascendants any property which may have been donated by the latter to their
children.
Donation to the grandchild should be imputed to the free portion since i
t is a donation to stranger
Collation as Imputation:
Art. 1066. Neither shall donations to the spouse of the child be brought to coll
ation; but if they have been given by the parent to the spouses jointly, the chi
ld shall be obliged to bring to collation one-half of the thing donated.
Collation as Computation:
Art. 1067. Expenses for support, education, medical attendance, even in extraord
inary illness, apprenticeship, ordinary equipment, or customary gifts are not su
bject to collation.
Support in this article does not include expenses for the recipient s prof
essional, vocational or other career because those items are governed by 1068
Collation as Imputation:
Art. 1068. Expenses incurred by the parents in giving their children a professio
nal, vocational or other career shall not be brought to collation unless the par
ents so provide, or unless they impair the legitime; but when their collation is
required, the sum which the child would have spent if he had lived in the house
and company of his parents shall be deducted therefrom.
Collation as Imputation:
Art. 1069. Any sums paid by a parent in satisfaction of the debts of his childre
n, election expenses, fines, and similar expenses shall be brought to collation.
Art. 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothi
ng, and outfit, shall not be reduced as inofficious except insofar as they may e
xceed one-tenth of the sum which is disposable by will.
Gift will be imputed to the free portion to the extent of 1/10 of the fr
ee portion. Beyond the value, the excess will be imputable to the recipient s legi
time.
Collation as Computation and Imputation:
Art. 1071. The same things donated are not to be brought to collation and partit
ion, but only their value at the time of the donation, even though their just va
lue may not then have been assessed.
Their subsequent increase or deterioration and even their total loss or destr
uction, be it accidental or culpable, shall be for the benefit or account and ri
sk of the donee.
Collation as Computation and Imputation:
Art. 1072. In the collation of a donation made by both parents, one-half shall b
e brought to the inheritance of the father, and the other half, to that of the m
other. That given by one alone shall be brought to collation in his or her inher
itance.
Collations as Imputation:
Art. 1073. The donee's share of the estate shall be reduced by an amount equal t
o that already received by him; and his co-heirs shall receive an equivalent, as
much as possible, in property of the same nature, class and quality.

Remedy when Equality cannot be Reached:

Art. 1074. Should the provisions of the preceding article be impracticable, if t
he property donated was immovable, the co-heirs shall be entitled to receive
O its equivalent in cash or securities, at the rate of quotation; and
O should there be neither cash or marketable securities in the estate, so much o
f the other property as may be necessary shall be sold at public auction.
If the property donated was movable, the co-heirs shall only have a right to
select an equivalent of other personal property of the inheritance at its just p
rice.
Collations as Return:
Art. 1075. The fruits and interest of the property subject to collation shall no
t pertain to the estate except from the day on which the succession is opened.
For the purpose of ascertaining their amount, the fruits and interest of the
property of the estate of the same kind and quality as that subject to collation
shall be made the standard of assessment.
Collations as Return:
Art. 1076. The co-heirs are bound to reimburse to the donee the necessary expens
es which he has incurred for the preservation of the property donated to him, th
ough they may not have augmented its value.
The donee who collates in kind an immovable which has been given to him must
be reimbursed by his co-heirs for the improvements which have increased the valu
e of the property, and which exist at the time the partition if effected. (Usefu
l Improvements)
As to works made on the estate for the mere pleasure of the donee, no reimbur
sement is due him for them; he has, however, the right to remove them, if he can
do so without injuring the estate.
If the thing has to be returned in its entirety:
1. Necessary expenses = reimbursement to the full extent
2. Useful expenses = reimbursement to the full extent provided that the improvem
ent is still in existence
3. Ornamental expenses = no reimbursement but right of removal is granted if no
injury to the estate will be caused
If the thing to be returned only in part:
1. Necessary and useful expenses = reimbursement is also partial, in proportion
of the value to be returned
2. Ornamental expenses = same rule in total return
Art. 1077. Should any question arise among the co-heirs upon the obligation to b
ring to collation or as to the things which are subject to collation, the distri
bution of the estate shall not be interrupted for this reason, provided adequate
security is given.
Properties or Rights received by Compulsory Heir not subject to Collation:
1. Property left by will
2. Property which may have been donated by an ascendant of the compulsory heir t
o the children of the latter;
3. Property donated to the spouse of the compulsory heir;
4. Expenses for support, education, medical attendance even in extraordinary ill
ness, apprenticeship, ordinary equipment, or customary gifts;
5. Expenses incurred by parents in giving their children a professional, vocatio
nal, or other career;
6. Wedding gifts consisting of jewelry, clothing, and outfit, given by parents o
r ascendants, so long as they do not exceed 1/10 of the disposable portion
SECTION 6. - Partition and Distribution of the Estate
SUBSECTION 1. - Partition
Art. 1078. Where there are two or more heirs, the whole estate of the decedent i
s, before its partition, owned in common by such heirs, subject to the payment o
f debts of the deceased.
j The immediate effect of the decedent s death is the vesting of the successional
rights of the successors (777).
j What the successors acquire vested rights over is the net estate what remains
after all the unpaid debts of the decedent are paid, and the value of all the do
nations inter vivos is added.
j The immediate effect of the decedent s death as far as successional law is conce
rned is a co-ownership of the heirs over the entire mass.
Sequence:
1. Upon decedent s death co-ownership of heirs over net hereditary or partible est
ate
2. Subsequent partition
a. Extrajudicial agreement among the heirs (Rule 74, Sec 1 of Revised Rules of C
ourt)
b. Through judicial order in appropriate settlement court (Rule 90, Revised Rule
s of Court)
j If there is ONLY ONE HEIR, he can adjudicate himself the entire estate by mean
s of an affidavit filed with the Office of Register of Deeds (Affidavit of Self-
Adjudication)
Art. 1079. Partition, in general, is the separation, division and assignment of
a thing held in common among those to whom it may belong. The thing itself may b
e divided, or its value.
 Partition end the co-ownership among the co-heirs as to the thing partit
ioned.
Kinds of Partition:
1. Actual = physical division of the thing among the co-heirs
2. Constructive = Any act, other than physical division, which terminates the co
-ownership (such as sale to a 3rd person)
Classes of Partition:
1. Partition according to the forum where effected
a. Judicial Partition = partition approved by the court either in testate or int
estate proceedings or in an ordinary action for partition to divide hereditary p
roperty (Rule 78-90; Rule 69, RRC)
b. Extrajudicial Partition = partition of the estate done outside of court
2. Partition according to duration of existence
a. Definite Partition = partition which is not subject to any condition. It is a
bsolute and permanent
b. Provisional Partition = partition which is subject to the happening of a cond
ition. It becomes permanent after the fulfillment of the condition or compliance
therewith.
3. Partition according to extent
a. Total Partition = partition when all the net inheritance had been divided amo
ng the heirs or partaking heirs
b. Partial Partition = partition where there are still properties of the estate
left undivided

Modes of Partition (Who may Effect Partition):

1. the heirs themselves, extra-judicially
2. by the court in an ordinary action for partition or in the course of administ
ration proceedings
3. by the testator himself (through his will or through an act inter vivos)
4. by the third person designated by the testator
NOTE: Quieting of title may not be used as a basis for partition.
Judicial Partition:
j Probate court may compel administrator or executor to submit project of partit
ion, otherwise, can be punished for contempt of court
j Heirs who did not participate in the judicial partition are not bound. REMEDY
(subject to prescriptive period):
o Accion Reinvindicatoria or
o file a petition for relief or
o file a case for annulment of settlement
Extra-judicial Partition:
j If executed by the heirs without knowledge and consent of other co-heirs, the
latter have the right to vindicate their inheritance regardless of the lapse of
time
j Those who got hold of the properties were possessing only as trustees
j If there are no debts and every heir is of age or represented by guardians, OR
AL PARTITION can be made. (REASON: not a conveyance by simply a separation or de
signation)
* To register agreement to bind 3rd person, a public instrument is necessary
4 Ways in Partitioning under the Rules of Court:
1. By extra-judicial settlement (Rule 74, Sec 1)
2. By ordinary action for partition (Rule 74, Sec 1)
3. By judicial summary judgment (Rule 24, Sec 2)
4. By administration proceedings (Rule 78-90)
Who can Demand the Partition of the Decedent s Estate after his Death:
1. By any compulsory heir;
2. By any voluntary heir;
3. By any legatee or devisee; and
4. By any person who has acquired an interest in the estate
It cannot however be demanded in the following cases:
1. When the partition has been expressly prohibited by the testator for a period
which shall not exceed 20 years (1083)
2. When the co-heirs have agreed that the estate shall not be divided for a peri
od which shall not exceed 10 years, renewable for another 10 years (494)
3. When the partition is prohibited by law (494)
4. When to partition the estate would render it unserviceable for the use for wh
ich it is intended (494)

Partition Inter Vivos:

Art. 1080. Should a person make partition of his estate by an act inter vivos, o
r by will, such partition shall be respected, insofar as it does not prejudice t
he legitime of the compulsory heirs.
PARTITION TO KEEP AN ENTERPRISE INTACT:
A parent who, in the interest of his or her family, desires to keep any agric
ultural, industrial, or manufacturing enterprise intact, may avail himself of th
e right granted him in this article, by ordering that the legitime of the other
children to whom the property is not assigned, be paid in cash.
Partition by the Causante (decedent)
1. Nature of partition by causante
a. It takes effect only upon death
b. It is revocable as long as the causante is alive (hence, causante can change,
or modify it, or even rescind it during his lifetime)
2. How causante may make the partition
a. By will; or
b. By act inter vivos (must at least be in a public instrument if real property
is involved)
3. Limitation: legitimes of the causante s compulsory heirs cannot be impaired
4. A partition validly made by the testator CANNOT be set aside by another parti
tion effected by the heirs
Legasto vs. Verzosa (54 P 766)
A testator may, by an act inter vivos, partition his property, but he must f
irst make a will with all the formalities provided for by law. And it could not
be otherwise, for without a will there can be no testator; when the law, therefo
re, speaks of the partition inter vivos made by a testator of his property, it n
ecessarily refers to that property which he has devised to his heirs A person wh
o disposes of his property gratis inter vivos is not called testator, but a donor. I
n employing the word "testator," the law evidently desired to distinguish betwee
n one who freely donates his property in life and one that disposes of it by wil
l to take effect after his death.
By Act Inter Vivos: Art 1080 now use person instead of testator
A partition inter vivos can be validly made even without a prior support
ing will, provided that it is not used to make mortis causa dispositions.
The only way a partition without a will can be valid is by following str
ictly the intestate portions provided by law the partition should conform exactl
y to the portions provided by law in intestate succession, for then the causante
would not be making testamentary dispositions in the partition, the disposition
s would be by virtue of intestate succession.
Fajardo vs. Fajardo
There are only two ways in which said partition could have been made: By an
act inter vivos, or by will.
In either case there were formalities which must be followed. If the partiti
on was made by an act inter vivos, it should have been reduced in writing in a p
ublic instrument, because it was a conveyance of real estate. If by last will an
d testament, the legal requisites should have been observed.
Chavez vs. IAC
Art 1080 of the Civil Code clearly gives a person two options in making a pa
rtition of his estate; either by an act inter vivos or by will.
When a person makes a partition by wilI, it is imperative that such partitio
n must be executed in accordance with the provisions of the law on wills; howeve
r, when a person makes the partition of his estate by an act inter vivos, such p
artition may even be oral or written, and need not be in the form of a will, pro
vided that the partition does not prejudice the legitime of compulsory heirs.
(RFB: This ruling should not be used as it raises eyebrows very high. It gives a
partition an irrevocable character and allows a conveyance of the compulsory he
irs of their legitimes even during their lifetimes.)
MANDATARY:
Art. 1081. A person may, by an act inter vivos or mortis causa, intrust the mere
power to make the partition after his death to any person who is not one of the
co-heirs.
The provisions of this and of the preceding article shall be observed even sh
ould there be among the co-heirs a minor or a person subject to guardianship; bu
t the mandatary, in such case, shall make an inventory of the property of the es
tate, after notifying the co-heirs, the creditors, and the legatees or devisees.

Mandatary cannot be a co-heir to ensure fairness and impartiality

The power delegated refers only to the implementation of the physical di
vision of the estate based on the dispositions already made by the decedent or t
estator. Delegation of the power can be done inter vivos or mortis causa
If the co-heirs find the physical division made by the mandatary unaccep
table, they could reject it. In which case, the intervention of the court will b
e necessary to resolve the controversy.
The will must first be probated before there can be partition.
Constructive Paritition:
Art. 1082. Every act which is intended to put an end to indivision among co-heir
s and legatees or devisees is deemed to be a partition, although it should purpo
rt to be a sale, and exchange, a compromise, or any other transaction.
Tuason vs. Tuason Jr.
Where heirs contracted with a third person to develop their co-owned lot, wi
th the stipulation that the co-ownership shall subsist until all the lots have b
een sold, is not a violation of Art 400, and is only a-mere incident to the main
object of the partnership, which is to dissolve the co-ownership.
Art. 1083. Every co-heir has a right to demand the division of the estate unless
the testator should have expressly forbidden its partition, in which case the p
eriod of indivision shall not exceed twenty years as provided in article 494. Th
is power of the testator to prohibit division applies to the legitime.
Even though forbidden by the testator, the co-ownership terminates
O when any of the causes for which partnership is dissolved takes place, or
O when the court finds for compelling reasons that division should be ordered, u
pon petition of one of the co-heirs.
GR: Co-heir may demand the partition at any time (Partition is generally a matte
r of right)
EXCEPTIONS:
1. When forbidden by the testator for a period not exceeding 20 years. EXCEPTION
S:
a. When any of the causes for the dissolution of partnership occurs
b. When the court finds compelling reason for partition
2. When the co-heirs agree on indivision for a period not exceeding 10 years, re
newable for like periods (494)
Causes to dissolve a partnership (1830-1831)
1. The business becomes unlawful
2. Insolvency of one partner
3. Civil interdiction of one partner
4. Insanity of one partner
5. It has become impractical to carry out the business
6. Business can be carried out only at a loss

Art. 1084. Voluntary heirs upon whom some condition has been imposed cannot dema
nd a partition until the condition has been fulfilled; but the other co-heirs ma
y demand it by giving sufficient security for the rights which the former may ha
ve in case the condition should be complied with, and until it is known that the
condition has not been fulfilled or can never be complied with, the partition s
hall be understood to be provisional.
j This applies in institutions with suspensive condition.
j Heir instituted under a suspensive condition acquires no rights unless and un
til the condition happens
j The other heirs not so instituted, however, should not be deprived of their ri
ght to demand partition, subject to the obligation to protect the inchoate right
of the conditional heir, by furnishing adequate security
1. Permanent Heirs = those who will inherit without any condition to fulfill or
to await for
2. Conditional Heirs = those who will inherit only upon fulfillment of the condi
tion/s imposed by testator
Art. 1085. In the partition of the estate, equality shall be observed as far as
possible, dividing the property into lots, or assigning to each of the co-heirs
things of the same nature, quality and kind.
Equality among Co-heirs:
1. Quantitative = the shares of the co-heirs are not necessarily equal in value,
but are determined by law and by will
2. Qualitative = whatever the aliquot portions be, however, the law mandates equ
ality in nature, kind, and quality (if A gets a parcel of rice land, B should al
so get one) EXCEPTIONS:
a. If the causante has made the partition himself
b. If the co-heirs agree otherwise;
c. If qualitative equality is impossible or impracticable
Constructive Partition:
Art. 1086. Should a thing be indivisible, or would be much impaired by its being
divided, it may be adjudicated to one of the heirs, provided he shall pay the o
thers the excess in cash.
Nevertheless, if any of the heirs should demand that the thing be sold at pub
lic auction and that strangers be allowed to bid, this must be done.
Art. 1087. In the partition the co-heirs shall reimburse one another
O for the income and fruits which each one of them may have received from any pr
operty of the estate,
O for any useful and necessary expenses made upon such property, and
O for any damage thereto through malice or neglect.
Co-heirs must render mutual accounting upon partition
Reimbursement may be enforced through filing an action for reimbursement or as
an incident in an action for judicial partition

Right of Redemption of Co-heir:

Art. 1088. Should any of the heirs sell his hereditary rights to a stranger befo
re the partition, any or all of the co-heirs may be subrogated to the rights of
the purchaser by reimbursing him for the price of the sale, provided they do so
within the period of one month from the time they were notified in writing of th
e sale by the vendor.
Requisites for Legal Redemption of Co-heir:
1. There must be at least two or more heirs
2. One heir must sell his hereditary rights
3. The buyer must be a stranger. If the buyer is a co-heir, there is no right of
redemption.
4. The sale must be before the partition
5. At least one co-heir must demand the redemption; but 2 heirs may redeem in pr
oportion to their shares in the inheritance
6. The demand must be made within a period of 1 month from the notice in writing
of the sale by the vendor
7. Price to be paid by the redemptioner is the same price of the sale
Stranger:
A devisee or legatee is considered a stranger if he is not a compulsory
heir.
A disinherited heir is considered also a stranger
Verbal notice or notice by registration is not sufficient. Written notice is ind
ispensable.
Garcia vs. Calaliman (172 S 201)
Written notice is required for the period of one month for the other co-heir
s to redeem begins to run.
Both the letter and spirit of the new Civil Code argue against any attempt t
o widen the scope of the notice specified in Article 1088 by including therein a
ny other kind of notice, such as verbal or by registration. Written notice is in
dispensable, actual knowledge of the sale acquired in some other manners by the
redemptioner, notwithstanding. He or she is still entitled to written notice, as
exacted by the Code, to remove all uncertainty as to the sale, its terms and it
s validity, and to quiet any doubt that the alienation is not definitive. The la
w not having provided for any alternative, the method of notifications remains e
xclusive, though the Code does not prescribe any particular form of written noti
ce nor any distinctive method for written notification of redemption.
j If several co-heirs want to redeem, they may redeem in proportion to their res
pective shares
j The right to redeem is personal and cannot be transferred to other persons who
are strangers
j After the agreement of partition is approved, Art 1088 does not apply anymore
because the parties are no longer co-heirs but are no co-owners apply 1620
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Art. 1089. The titles of acquisition or ownership of each property shall be deli
vered to the co-heir to whom said property has been adjudicated.
Title refers to Document of Ownerhsip
Art. 1090. When the title comprises two or more pieces of land which have been a
ssigned to two or more co-heirs, or when it covers one piece of land which has b
een divided between two or more co-heirs, the title shall be delivered to the on
e having the largest interest, and authentic copies of the title shall be furnis
hed to the other co-heirs at the expense of the estate. If the interest of each
co-heir should be the same, the oldest shall have the title.
SUBSECTION 2. - Effects of Partition
Art. 1091. A partition legally made confers upon each heir the exclusive ownersh
ip of the property adjudicated to him.
Rights of third persons are not, however, affected by the partition
If co-heir had sold his share before the partition is made, the purchase
r acquires the property adjudicated to said heir.
Obligation of Mutual Warranty:
Art. 1092. After the partition has been made, the co-heirs shall be reciprocally
bound to warrant the title to, and the quality of, each property adjudicated.
Warranty against Eviction: (1548)
There can be eviction even if the heir does not lose ownership --- as lo
ng as there is a lessening of his right to enjoy the same (eg: it was subject to
usufruct or easement)
Warranty on the Quality (Warranty against Hidden Defects) [1561]
If the object or property given turned out to be unfit for the use intend
ed or diminishes its fitness for such use
Character of Warranty: Mutual or Reciprocal AND Proportionate
Art. 1093. The reciprocal obligation of warranty referred to in the preceding ar
ticle shall be proportionate to the respective hereditary shares of the co-heirs
, but if any one of them should be insolvent, the other co-heirs shall be liable
for his part in the same proportion, deducting the part corresponding to the on
e who should be indemnified.
Those who pay for the insolvent heir shall have a right of action against him
for reimbursement, should his financial condition improve.
Exception to the right of reimbursement from insolvent obligor:
Insolvency judicially declared -- which extinguishes all obligations
Art. 1094. An action to enforce the warranty among heirs must be brought within
ten years from the date the right of action accrues.
Action Accrues:
j Warranty on the quality = heir discovers the hidden defect
j Warranty against eviction = heir learns of the burden which the co-heirs had a
cknowledged or from the finality of judgment of eviction

Art. 1095. If a credit should be assigned as collectible, the co-heirs shall not
be liable for the subsequent insolvency of the debtor of the estate, but only f
or his insolvency at the time the partition is made.
The warranty of the solvency of the debtor can only be enforced during the fi
ve years following the partition.
Co-heirs do not warrant bad debts, if so known to, and accepted by, the distr
ibutee. But if such debts are not assigned to a co-heir, and should be collected
, in whole or in part, the amount collected shall be distributed proportionately
among the heirs.
Art. 1096. The obligation of warranty among co-heirs shall cease in the followin
g cases:
(1) When the testator himself has made the partition, unless it appears, or it m
ay be reasonably presumed, that his intention was otherwise, but the legitime sh
all always remain unimpaired;
(2) When it has been so expressly stipulated in the agreement of partition, unle
ss there has been bad faith;
(3) When the eviction is due to a cause subsequent to the partition, or has been
caused by the fault of the distributee of the property.
In addition: obligation of warranty may be waived or suppressed (1548[3])
Instances when there is no mutual warranty:
1. Partition by the testator himself (save where the legitime has been impaired)
2. Agreement among the co-heirs to suppress the warranty
3. Supervening events causing the loss or the diminution in value
4. Faulty of the co-heir
5. Waiver

SUBSECTION 3. - Rescission and Nullity of Partition

Art. 1097. A partition may be rescinded or annulled for the same causes as contr
acts.
Similarity: Not void contracts and both are susceptible of ratification
There is extrinsic
Rescission
Annulment
Contract is(1390)
(1381)
rescissible
voidable
defect like economic damage or lesion to the creditors or obl
There is intrinsic defect like presence of vices of consent such as violence, in
ige
timidation,
Art. 1381. Thefraud,
following
undue contracts
influence are rescissible:
(2) Those which are entered into by guardians whenever the wards whom they repre
sent suffer lesion by more than one-fourth of the value of the things which are
the object thereof;
(3) Those agreed upon in representation of absentees, if the latter suffer the l
esion stated in the preceding number;
(4) Those undertaken in fraud of creditors when the latter cannot in any other m
anner collect the claims due them;
(5) Those which refer to things under litigation if they have been entered into
by the defendant without the knowledge and approval of the litigants or of compe
tent judicial authority;
(6) 1390.
Art. All other
The following
contracts contracts
specially are
declared
voidable
by law
or annullable,
to be subjecteven
to though
rescission.
there
may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undu
e influence or fraud.
These contracts are binding, unless they are annulled by a proper action in cour
t. They are susceptible of ratification.
Prescriptive period of the ACTION FOR annulment or rescission is 4 years
from discovery of fraud, i.e., from registration of the deed
Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on acc
ount of lesion, when any one of the co-heirs received things whose value is less
, by at least one-fourth, than the share to which he is entitled, considering th
e value of the things at the time they were adjudicated.
Lesion:
Economic injury, where the party receives less than he is entitled to re
ceive
Proper action of the prejudiced heir is for damages
Art. 1099. The partition made by the testator cannot be impugned on the ground o
f lesion, except
O when the legitime of the compulsory heirs is thereby prejudiced, or
O when it appears or may reasonably be presumed, that the intention of the testa
tor was otherwise.
Art. 1100. The action for rescission on account of lesion shall prescribe after
four years from the time the partition was made.
Exception:
If the partition had been submitted to court for approval, the 4-year pe
riod shall be reckoned not from the time of the making of the partition but from
the date of approval thereof by the court
Art. 1101. The heir who is sued shall have the option of indemnifying the plaint
iff for the loss, or consenting to a new partition.
Indemnity may be made by payment in cash or by the delivery of a thing of the
same kind and quality as that awarded to the plaintiff.
If a new partition is made, it shall affect neither
O those who have not been prejudiced nor
O those have not received more than their just share.
Art. 1102. An heir who has alienated the whole or a considerable part of the rea
l property adjudicated to him cannot maintain an action for rescission on the gr
ound of lesion, but he shall have a right to be indemnified in cash.
Preterition of Property:
Art. 1103. The omission of one or more objects or securities of the inheritance
shall not cause the rescission of the partition on the ground of lesion, but the
partition shall be completed by the distribution of the objects or securities w
hich have been omitted.
Incompleteness of the partition is not a ground for rescission. The REME
DY is a supplemental partition
Art. 1104. A partition made with preterition of any of the compulsory heirs shal
l not be rescinded, unless it be proved that there was bad faith or fraud on the
part of the other persons interested; but the latter shall be proportionately o
bliged to pay to the person omitted the share which belongs to him.
Not preterition under 854; This is simply omission of a compulsory heir in th
e partition
Partition
Preterition
The compulsory
heir must
will
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heir
be Partition
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in
need
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be inline
unless the
there
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linefaith of fraud in its executio
nThe preterition of compulsory heir in the direct line will annul the institution
of heir. However, if the preterited compulsory heir had predeceased the testato
r, the institution shall be effectual without prejudice to the right of represen
tation
Art. 1105. A partition which includes a person believed to be an heir, but who i
s not, shall be void only with respect to such person.
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1
Succession Reviewer (2)
emily zen chua