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SUCCESSION

Kwin
June 15, 2010

SCHEDULE OF EXAMS: OF A PERSON.


Premidterms jul 13 There are two kinds of persons. NATURAL and Juridical.
Midterms aug 14 Succession refers to natural persons.
Prefinals sept 14
Finals oct 12
TO ANOTHER OR OTHERS.
We first define what is all about the subject, succession One word. HEIRS, single or collective.

Art. 774.
Succession THROUGH HIS DEATH.
is a mode of acquisition by virtue of which You can transfer your property during lifetime like donation – an act where a
the property, rights and obligations person disposes gratuitously in favor of another who accepts it. You call this
to the extent of the value of the inheritance, of a person DONATION INTERVIVOS.
are transmitted through his death to another or others But you can also transfer effective upon deathof the transferor. This is where
either by his will or by operation of law. (n) our subject will come in. DONATION MORTIS CAUSA.
MODE.
Mode? What mode? What do you derive from the decedent?
EITHER BY HIS WILL.
The property is passed. Mode? How do you connect this to property?
This presupposes the existence of a last will and testament.
Art. 712.
If a person dies w/o a will or with a void will, then the manner of succession
is LEGAL.
Legal because it is dictated by law how the properties will be distributed to
So in succession, it is a MODE OF ACQUIRING OWNERSHIP of the property or
the heirs.
rights.
Unlike if you have a last will and testament, to a certain extent; you can
There are many ways of acquiring property like purchase, donation, etc.
determine how much an heir can receive. In this case, we call this
TESTAMENTARY.
So how do you acquire it, by succession?
If there is no will, we call that INTESTATE.
PROPERTY.
What kind of property is subject to succession?
All. Real
Personal
Tangible
WHY IS THERE A THING AS SUCCESSION? – BASiS
Intangible
It is a consequence of ownership.
It embraces everything.
It is incomplete if the right to dispose is not given to he owner.
And surprisingly, it is not only property that is acquired. There are also
In property, we have the attributes of ownership. Right to fruits, right to use.
RIGHTS. But only TRANSMISSIBLE RIGHTS.
So if there is No right to dispose, ownership is incomplete or imperfect.
Do you also succeed you father’s right to vote? No. That is purely personal.
So only those that can be transferred.
Another bases is to take care those who you leave behind.
What about marital rights? No.

And then surprisingly OBLIGATIONS are also transferred., again subject to the
qualification that it is TRANSMISSIBLE.

So that if the decedent is a debtor and his monetary liability exceeds his
Art. 775.
assets that are not collectible from the heirs.
In this Title,
"decedent" --is the general term applied to
Ex. This room is leased. If the lessee dies, the heirs can continue for as long the person whose property is transmitted
as it has not expired. through succession,
whether or not he left a will.
So both rights and obligations should be transmissible.
--If he left a will, he is also called
the testator. (n)
TO THE EXTENT OF THE VALUE OF INHERITANCE.
If the decedent dies and has 1m, it is not that the heir will get 1m. you have DECEDENT and namatay.
to consider the existing obligations contracted by the deceased during his TESTATOR if you make a will.
lifetime.
In general term decedent embraces the person w/ or w/o a will.
Monetary bligations survive.
What obligations are extinguished by death? If you say testator, there has to be a valid will.
Only personal obligations.

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Art. 776.
The inheritance includes Art. 778.
--all the property, Succession may be: (1) Testamentary;
rights and of a person (2) Legal or intestate; or
obligations which are not extinguished by his death. (3) Mixed.

TESTAMENTARY presupposes the existence of a will


This talks about what comprises the inheritance.
INTESTATE when there is no will. Assuming there is, but it is void, it has no
NOT EXTINGUISHED BY HIS DEATH. effect at all.
Meaning not purely personal.
LEGAL because it is the law that distributes the property of the deceased.
Then with the right, what is the period of commencement? When does
succession take place? So if there is no will or if it is void, then the property will be distributed thru
UPON DEATH. legal succession.

So what is testamentary, that w/c results in the designation of a will made


Art. 777. and executed in accordance of the law.
The rights to the succession
--are transmitted --from the moment of the death of the decedent.

If the person died today, june 15


This is D Art. 779.
This is H Testamentary succession
These are the properties. --is that which results from the designation of an heir,
made in a will executed in the form prescribed by law.
RIGHT TO SUCCESSION is transmitted?
Succession is a mode. What is testamentary succession? That w/h results in a designation of an heir
Will you call these properties succession? in form prescribe by law.
The appropriate term should have been RIGHT TO INHERITANCE. Kinahanglan valid imong will.
Bec the will may be void because it doesn’t come in the prescribed form.
If a person dies, there is no vacuum. The moment he dies, the heirs will
immediately succeed. The property can never become ownerless. Testamentary presupposes the existence of a valid will.

FROM THE MOMENT OF THE DEATH. If there is no will, intestate. I have said this b4. Balaod na imong tanawon.
There are two kinds of death: Unsa ang relation w/ the decedent.
1. natural/physical death,
2. presumed death
Art. 780.
Which is referred here? Both. Mixed succession
--is that effected partly by will and partly by operation of law.
Q: for purposes of opening succession, w/in what time a person may succeed
if the death is physical? Principally, there are two kinds of succession, testamentary and intestate.
A: the moment he dies. But we now have mixed. This means partly by will and partly by operation of
law.
Q: supposing, he is presumed dead, how many years will he have to wait for
purposes of succession? Ex. The decedent died gave ½ to his only child 50k thru will. What about the
A: 10 years other half? The first half is testamentary because it Is a valid will. The
second half not mentioned in the will will be covered by intestate
7years -presumption of death, ORDINARY succession.
10 years -for purposes of opening succession. The intestate succession prescribes that the half will be given to the only
child.
Presumption of death: So the 100k will be broken down as follows: first 50k by virtue of a will,
nd
1. ordinary-- 7 yrs,10 yrs. therefore testamentary. The 2 50k not covered by the will will be
2. qualified distributed thru the provision of the law. So he acquires it in two capacities,
a. on board an aircraft or commercial vessel reported missing as a testamentary heir and as a legal heir. That is what we call MIXED
-4 years from the date of disappearance or occurrence of event SUCCESSION.
After that, you can now divide the properties. This is common.
b. member of the armed forces who participated in the war and is missing/
dangerous circumstance
-4 years
Art. 781.
What is the difference? The inheritance of a person
1. O:10 years b4 division of estate. --includes not only the property and
Q: 4 years b4 division of estate the transmissible rights and existing at the
obligations time of his death,
2. O:presumed dead after the lapse of 10 years
but also those which have accrued thereto
Q:presumed dead on the date of occurrence of the event
since the opening of the succession.
Modification of the family code is for purposes of marriage only.
Passing lang. this is not significant.

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Art. 782. Can you dispose? No.
An heir The distribution of the property is fully booked. There is no ore free
--is a person called to the succession portion. Legitimate will get ½, the wife will get ¼ bec there is only one child,
either by the provision of a will or illegitimate will get ½ of the legitimate share, that is ¼. The total is 100%.
by operation of law. No more free portion. Magdispose ka but wa nakay mahatag. The will is
valid but ineffective.
Devisees and legatees
--are persons to whom gifts of real and personal property
There are properties but he cannot dispose of because it is already reserved
are respectively given by virtue of a will. (n)
to the compulsory heirs.

Regardless the manner of succession, testamentary or legal, the recipient is


called the heir. These are the persons to whom the properties are TO CONTROL A CERTAIN DEGREE.
transferred. To a certain degree means to a limited part of the property. Unless if you
don’t have compulsory heirs. Then, you can dispose all.
Legacy is personal property give to the heir by virtue of a will. Legacy exists
only if there is a will. Ex. Automobile from the dead grandmother. So you TO TAKE EFFECT UPON HIS DEATH.
can say that the automobile is your legacy. The heir is called a legatee. Meaning, donation mortis causa.
For succession to take effect , there has to be death of the testator.
There is no such thing as legacy without having a will. During his lifetime, that will is revocable anytime. To show your sincerity,
pakamatay sa! Ang imo rabang gihatag kay di na marevoke.
What about real property? That is called a devise. And the person receiving it
is called a devisee. He is executed as a devisee.

So magdaog rana sa nature sa property. Common denominator is that it is


given by virtue of a will. If it is real, devise, if it is personal, legacy. After break…

Legatee and devisee are still covered in the term heirs. The real difference Art. 784.
The making of a will
between them will come in 854.
--is a strictly personal act;
--it cannot be left in whole or in part of the discretion of a third person, or
So the main characters are the decedent, the heirs and the poperties. accomplished through the instrumentality
of an agent or attorney.

STRICTLY PERSONNAL ACT.


If I will hire a lawyer to make my will, is that prohibited? No.
If he will dictate the intrinsic contents of the will, is that prohibited? Yes.

Let’s now go to testamentary succession. Will making is purely personal. The contents of the will cannot be delegated
to any person. It is only the testator who has the absolute discretion on
Art. 783. what is to be said and what is to be stated in the will. No body else can pass
A will judgment upon it.
--is an act whereby a person is permitted,
with the formalities prescribed by law,
Lawyers are hired only for assisting the mechanical act of writing but never
to control to a certain degree the disposition of this estate,
to decide what is given and how much.
to take effect after his death. (667a)
RD
Let’s take the meaning one by one. IT CANNOT BE LEFT TOP THE DISCRETION OF THE 3 P.
Ex. If my neighbor will approve… then it is your neighbor who determines.
ACT.
If you will execute a will, what is the testator doing? What is the primordial You can be assisted but never to pass judgment particularly on who will
purpose? Para Makita na nindot and agi? receive and how much is to be received. This is an absolute discretion of the
Will making is an act of disposition. Hatag, hatag, hatag. You don’t make a testator. The point is, they will never decide on your behalf.
will without disposing the property to a certain person. Primarily. Why?
Because there may be a will without disposing the property. It is valid, but There is no exception to this.
the manner of succession will be legal, not testamentary. Mura rakag This is the RULE OF NONDELEGATION OF THE DECLARATION OF
naglista og properties. TESTAMENTARY PROVISIONS.
Kung kinsa ang nakabutang dinha, walay makabuot nimo.
PERSON.
Nadiscuss naman ni ganina. This refers to the NATURAL person. Ang imong pagbuot diri sa yuta maoy matuman.
Because juridical person do not have physical existence. They exist only in
contemplation of law. The lawyer’s job is to assist only in the mechanical act of writing or perhaps
Cebu city is a person but can you touch her? Nag agbayay mo padong diri? something you ca perceive as something that is inaccurately described, kay
ikaw may familiar. Munang strictly personal.
PERMITTED.
Is it not a natural right for every person qualified to make a will? No. it is not The testator has the absolute right to determine who receive it and how
a natural right. It is a STRATUTORY RIGHT and therefore regulated by law. much.
Ex. You have 1b or 1000m. You execute a will. But sometimes the law will not But I’m not saying that what is contained in the will should be followed
allow you to dispose a single centavo. because if it will contradict the provision of the law, then it will not have
But have we not said that ownership comes with it the right to dispose? any effect. WILLMAKING IS SUBORDINATED TO LAW AND PUBLIC POLICY.
Nakay 1 anak legitimate, 1 anak illegitimate, 1 asawa. This provision overemphasized the personal character of lawmaking.

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Art. 785. Art. 790.
The duration or efficacy of the designation of heirs, The words of a will
devisees or --are to be taken in their ordinary and grammatical sense,
legatees, or unless a clear intention to use them in another sense can be gathered, and
the determination of the portions which they are to take, that other can be ascertained.
when referred to by name,
--cannot be left to the discretion of a third person. (670a) Do not make an interpretation that is a complete departure from his ordinary
meaning. Unless it is a technical matter.
This is overemphasizing. –cannot be left to the discretion of a third person.
Nasulti nana uy. Gahi man kag ulo. Balikon nalang.

You cannot interfere as to the intrinsic provision of the will. But para nako, if we follow the proper order we should not be talking about
the interpretation of the will we should first talk about who are qualified to
make a will. Who are the persons authorized to perform a will.
Art. 786. So allow me to proceed to Art. 796.
The testator Why? Because we are still on the stage of preparation. Kinsay pwede
--may entrust to a third person maghimo, before sa unsaon paghimo. Let us be methodical.
the distribution of specific property or sums of money
that he may leave in general to specified classes or causes,
and also
the designation of the persons,
institutions or
establishments Art. 796.
to which such property or sums are to be given or applied. All persons who are not expressly prohibited by law
--may make a will. (662)
Art. 787.
The testator But this article doesn’t answer the question, who can make a will.
--may not make a testamentary disposition Positive. Si kinsa.
in such manner that another person
has to determine whether or not it is to be operative. (n)

Mura sad gihapon.


Lahi ang tao magbuot… Art. 797.
If my neighbor will find it reasonable, Persons of either sex under eighteen years of age
If my first cousin will approve. --cannot make a will. (n)

Ay pagbutang ug tugon na delegated to a third person. Positive. Those 18 years and above may make a will. You should be at least
Third person cannot determine whether or not it is to be operative. 18.
It is purely a personal act. Kay kani tubag ni na implication. Dili direct na answer.
Gibalikbalik ra gyud. This is an age requirement at the time of the making of the will.

So if you decide to make a will then all the testamentary disposition must There is also a complimentary requirement.
emanate from your own will. Be independent in your decision. Be a decision
maker. No ‘pancitical’ attitude- walay baruganan.
Art. 798.
In order to make a will
--it is essential that the testator
784-787 articles have a common denominator- will making is purely
be of sound mind at the time of its execution. (n)
personal. It cannot be interfered by somebody else.
Somebody else—embraces all third persons other than the testator.
Soundness of mind is very important. Not just the age requirement. The two
must not be divorced.

You must be of sound mind at the time of the execution of the will.
First scenario, you made a will. Just after you placed the signature, nabuang
Art. 788.
ka.
If a testamentary disposition admits of different interpretations,
in case of doubt, Second scenario. Buang daan. After nagpirma, naulian.
that interpretation by which the disposition is to be operative W/c one is valid?
--shall be preferred. (n) First is valid.

This article made a pronouncement, of the two modes, testamentary and The period is very critical.
intestate, testamentary shall be preferred. Soundness of mind at the time of execution. He has to be sane at the time of
Our policy of the state leans towards testamentary. making of the will.
Supervening event of insanity is insignificant.
But then in reality, it is intestate. Because making a will is cumbersome. Lisod
kayo mahimo og will. So not just soundness of mind but soundness of mind at the time of
execution.

If we are talking about contracts, insane mind makes the contract voidable.
Art. 789. But in wills, there is no such thing as voidable. Only valid and void.
We cannot yet understand intrinsic/extrinsic. So premature.
Remember, do not divorce soundness of mind from the age requirement.

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will will defend the will as they will now prove b4 the court that the testator
What do you mean by soundness of mind? is not insane.
There is a positive soundness of mind and a negative soundness of mind. Or they can say that the testator was not known publicly.
Therefore, even if you are insane but not known to the public; only few
Art. 799. knows, you will still be presumed sane.
To be of sound mind,
--it is not necessary that the testator be in full possession of Again, the presumption is that the testator is sane at the time of execution.
all his reasoning faculties, or However, there is an exemption.
that his mind be wholly unbroken, by disease, If the testator, in one mo or less from its execution is known publicly to be
unimpaired, or injury or insane, the presumption is that the testator is still insane at the time of
unshattered other cause. execution.
So proponents of the will will have to prove that the testator was sane.
--It shall be sufficient if the testator
was able at the time of making the will Or they will have to prove that the insanity was not publicly known.
to know the nature of the estate to be disposed of,
the proper objects of his bounty, and What is publicly known? If the community where you reside, it is of common
the character of the testamentary act. (n) knowledge to them on the state of mind of the testator.

The negative definition is the first paragraph. How many persons must know in order for it to qualify as public knowledge?
The positive definition is the second paragraph. There is no set number. But rather it is the knowledgeability of the
inhabitants of the community. We cannot prove by the number to make it
NATURE OF THE WILL TO BE DIPOSED OF. public.
You are aware what part the heir shall receive. Outside sa imong family wa pay nakahibalo, is that public knowledge? Dili pa.
Ang butang na gusto nimo ihatag.

PROPER OBJECT OF HIS BOUNTY.


Meaning who are the persons who are the recipient.
Hinganlan nimo sila, or you make something that will describe the person
intended to receive it.
Si kinsa and mga tao na gusto nimo hatagan.

CHARACTER OF THE TESTAMANTARY ACT.


You know that it is strictly a personal act of the testator.

Muni ang positive.

Mas mayo ang positive na answer kaysa sa negative.

It is enough that I know the properties that I am disposing. Likewise I know


the person who will receive it. And I know the natureof the last will and
testament… I can revoke it any time if I want to, I can modify, I can create
another one.

Art. 800.

The law presumes


--that every person is of sound mind,
in the absence of proof to the contrary.

The burden of proof that the testator


was not of sound mind at the time of making his dispositions
--is on the person who opposes the probate of the will;

but if the testator, one month, or less,


before making his will was publicly known to be insane,
the person who maintains the validity of the will
--must prove that the testator made it during a lucid interval. (n)

Presumption of sanity.
Whoever alleges that the testator is insane must prove such a fact.
Presumption is in favor of sanity.

But then there is something in succession that is not in contracts.

Ex. Today is june 15. One month before or less, if the testator is insane and is
publicly known, the presumption is shifted. It is presumed that he is insane
at the time of execution. Therefore, the proponent of the will/ heirs of the

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June 16, 2010 ART 801
Supervening incapacity
--does not invalidate an effective will,
Art. 799.
To be of sound mind, nor is the will of an incapable
--it is not necessary that the testator be in full possession of --validated by the supervening of capacity.
all his reasoning faculties, or
that his mind be wholly unbroken, by disease,
unimpaired, or injury or Gabali bali rana class.
unshattered other cause.

--It shall be sufficient if the testator SUPEVENING INCAPACITY.


was able at the time of making the will If you executed a will with a sound and disposing mind, and
to know the nature of the estate to be disposed of, after the execution, you find the testator insane, the insanity
the proper objects of his bounty, and
the character of the testamentary act. (n) is inconsequential.
Why? It cannot be denied that the testator was of sound
So every person is presumed to be sane. mind.
Ang importante is that at the time of execution, mayo ka.
But if the testator is publicly known to be insane 1 mo or less
b4 the execution of the will, the burden is shifted to the O baliha.
proponents of the will that the testator acted during lucid Ang baung nagbuhat og will. After that naulian siya. Unsa may
interval. effect? Does that validate the defective will? No. it remains a
void will for the simple reason that he is not of a sound and
What is lucid interval? disposing mind at the time of executing the will.
A lucid interval is a point in time where an insane person
temporarily gain sanity. Kana bang maulian ka. Does not make any change on the effectivity of a will.

If made june 16, you count 30 days backward, that is may 17,
if the testator is publicly known to be insane, the
proponents/petitioner (heirs) will prove he acted during ART 802
A married woman
lucid interval para ang wil nimo ma approve. --may make a will without the consent of her husband, and
without the authority of the court. (n)
Unsa tong qualifications sa testator? To make a will you
must be at least 18 years of age, sound and disposing mind Married woman, is there a need for you to ask consent of the
at the time of execution. husband?
No. Because you are disposing your own property.
Unya ang presumption karon kay continuing man that is why The exclusive property of the wife is paraphernal property
you have to prove that he acted during lucid interval. and the husband’s is capital property.

If admitted insane but not publicly, the qualification is not You can act independently after all the object of disposition
achieved. embodied in the will refers to exclusive property of each
spouse.
The qualifier is that if at the time he made the will, 30 days b4
or less than 30 days b4, he was known publicly as insane. What are your exclusive property?- family code
Acquired during marriage by gratuitous title.
Napay isa class, judicially declared to be a will w/o filing a --naminyo ka, gihatagan kag donation. That is exclusive
motion to set aside the judicial declaration. So magpadayon unless the donor provides that it shall form part of the
ang declaration court. community property
Those for personnal and exclusive use of each spouse.
So if you are judicially declared to be insane, you file a --Ex. Glasses.
motion in court to set aside the declaration of insanity to lift
it. What about community property?
There has got to be liquidation first to isolate the one half.
Pero panagsa rani class. The net estate. The formula is gross estate owned by the
husband and the wife minus the deduction under art 94 of
family code. After the deduction, you will get the net
Bear in mind the provisions in 800 refering to a married community property. You divide this by two. And you share
woman. Og married man diay?

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can now be an object of disposition because that belongs to ART 805
you exclusively. It ceases to be a conjugal property. First par.
Every will, other than a holographic will,
--must be
Liquidation usa. You cannot dispose the property that you 1. subscribed at the end thereof
do not own/ community property. by the testator himself or
by the testator's name
written by some other person in his presence,
and by his express direction, and
2.attested and subscribed
ART 803 by three or more credible witnesses
A married woman in the presence of the testator and of one another.
--may dispose by will of all her separate property
as well as 2nd par.
her share of the conjugal partnership or The testator or the person requested by him to write his name and
absolute community property. the instrumental witnesses of the will,
--shall also sign, as aforesaid, each and every page thereof,
ART 804 except the last, on the left margin,
Every will
--must be in writing and and all the pages
executed in a language or dialect known to the testator. --shall be numbered correlatively in letters placed
on the upper part of each page.

We know who are qualified to make a will. 3rd par


Let’s now go to the critical period in making the will. That is The attestation
why makadiscourage maghimo og will. Kay og sundon nimo --shall state the number of pages used upon which the will is written, and
the fact
tanan formalities mura imong kamatyan. 1. that the testator
signed the will and every page thereof, or
IN WRITING. caused some other person to write his name,
under his express direction,
All must be in writing. in the presence of the instrumental witnesses, and
2.that the latter witnessed and signed
THE LANGUAGE MUST BE KNOWN AND USED BY TESTATOR. the will and all the pages thereof
in the presence of the testator and of one another.
It can be in Cebuano except is you don’t understand it.
The important thing is you understand it. If the attestation clause is in a language not known to the witnesses, it
--shall be interpreted to them. (n)

Non-cupative wills/ oral wills are not allowed in the


Philippines. EVERY WILL OTHER THAN HOLOGRAPHIC.
Holographic will is entirely written and signed by the
Ang kinahanglan sa 804 duha. First, must be in writing. testator. That is allowed.
Second, in language known and used by the testator. But the petitioner will have to prove later on that he is
familiar with the handwriting.
If Arabic, di ka kasabot, that is void.
The other kind of will is the ordinary or notarial will.

There are two kinds.


Ordinary/notarial and holographic.

What we will be discussing today will be the ordinary or


notarial will—‘other than holographic will’

EX. You have a three page will.


Each number up to no. 8 w/ the lines are the testamentary
dispositions. Dinhi ang imong mga tugon.

So again, what are the formalities required in the execution


of the will?
It is in writing, check.
It is in language of the testator.
It must be subscribed by the testator.

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SUBSCRIBED. IN THE PRESENCE OF THE TESTATOR AND OF ONE ANOTHER.


To subscribe must be to sign. If you get out momentarily, then that is defective.
If you get out momentarily, that is void.
EVEY WILL MUST BE SUBSCRIBED AT THE END THEREOF.
In our example, the logical end is after number 8. There was an explosion outside. Curious? You get out of the
The logical end is where the testamentary disposition is room while signature was on progress. The will is void.
concluded. Because there a defect on attestation on the part of the
witnesses as well as testator.
If the pages are wrong, you still put it after 8 even if it is page
2. That is the logical end because that is the place where the You can imagine there are 4 of you inside until the conclusion
testamentary disposition is concluded. of the signature.

Can you let somebody else place my signature or my name? So to attest means to know what is being done and to be
Yes. It is in the law itself that it must be subscribed by the sensible to the passing of the event.
testator himself or by the testator’s name written in his
favor. But it must be in his presence and his express So kung katugon ka, din a attesting.
direction. Meaning, per instruction.
So another option kay manugo lang ka sa imong secretary. Di man kinahanglan magtan aw ka sa ilang kamot og
magirma, but anytime, pwede ka mutan aw w/o barrier.
How will the other person sign? Nothing will obscure you vision. Nothing will impead your
‘Or the testator’s name by some other person’. vision, even if transparent.
The name signed will be the testators name not the name of
the person requested to write the name. the secretary need Meaning in the presence of the witnesses.
not write her own name or place ‘by’ Ug mugawas ka, di pwede. Defective because it was not
But there is a qualifier. It must be made in the presence of attested by the testator and the witnesses. If di ka mugawas
the testator and hid direction. Sa ato pa, per instruction. but natog ka, di pwede. Di man ka sensible of what
Ibuatng diri, kani na ballpen gamita… transpired.

So the witnesses will sign below the attestation clause.


ATTESTED AND SUBSCRIBED BY THREE OR MORE CREDIBLE The testator will sign immediately after the testamentary
WITNESSES. disposition.
So the will will have an attestation clause. After that it is Do not align them. Otherwise it will be void. Bec that will
signed by three or more witnesses. become joint will. That is not allowed in our jurisdiction.
The witnesses are A, B and C.
It must be at least three. Otherwise it will be defective and Nothing, however transparent, or no object whether
void. transparent or not that will impair or impede your vision.
Mubitaw nang kaso dinha na nay kurtina na nipis. But then
What do you mean by ATTESTED? that is not allowed. Void again. You would not know because
Kabaw naman tag subscribed. To subscribe means to sign. your vision is impaired even if transparent.
To attest means:
To be aware of what is being done. IN THE PRESENCE OF THE TESTATOR AND OF ONE ANOTHER.
To be sensible of the passing of the event. IOW, In the presence of the witnesses and the testators.
So you can think of at least 4 persons in that room.
Sa ato pa class, kung kamo witnesses, dapatnaa jud mo. Di
pwede niguwa ka kay nangihi paka. Nahibalo ka kung unsa Remember attestation comes b4 the subscription by the
and nahitabo sa sulod. witnesses.

Dil lang ang witnesses. The testator must also be there The witnesses must be there at the time of the signing of the
likewise. So you can imagine at least 4 persons in the room. will by the testator. Not necessarily at the time of the
The testator and the three witnesses. preparation of the will. What is critical is the signature.
Why? To see to it that there is no fraud or there is no force
or intimidation employed on the person of the testator.
Gihulga palang ka pagpirma nimo, walay nakakita.

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At the time of the preparation, the witnesses need not be
present. In fact I can ask the lawyer to draft it for me. I
decide what is to be placed.

Ang abogado ani kutob ra sa pagnotario. The presence of the


lawyer at the time of the signing is not even important
during the signing by the testator. In fact it is not even
stated in the law, class.

The witnesses are not allowed to read to maintain the


secrecy of the will. They are only witnesses regarding the
signing by the testator. That is also to protect the testator.
Patyon palang ka og pabor sa ila.

So what are the requirements?


In writing.
In dialect known and used by the testator.
Subscribed at the end by testator.
Attested and subscribed by three or more credible witnesses
in the presence of all.

Sa ato pa, up to first paragraph of 805 4 na tanan. 2 sa 804


and 2 sa 805.
And 2 sa 805 kay ang signature of the testator himself or
some other person in hes presence and direction.
Ang ika 2 kay attested and subscribed by three or more
credible witnesses in the prensence of the testator and the
presence of one another.

So opat na.
Ari na ta sa second paragraph.

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June 22, 2010 Let’s go to third paragraph. We now consider what is inside
the attestation clause
Let us reproduce our will. Who will attest? The witnesses. That’s why below the
3 page will attestation clause, you will find their signatures. The testator
8 testamentary dispositions will not.
Signature of testator To attest means to be aware of the events; to take notice of
Attestation clause what is being done; to be sensible of the passing of the
Attested and subscribed by three or more credible event. Attestation is mental.
instrumental witnesses
There should be at least three. Distinguished from subscription.
OW it is defective as to form and is void Attestation is mental, subscription is manual.

Then we consider the second paragraph Propose is here identification that it is signed by the testator
The testator or the person requested by him to write his name and in their presence.
the instrumental witnesses of the will,
--shall also sign, as aforesaid, each and every page thereof,
except the last, on the left margin, If you read the third paragraph, meaning when they placed
their signature, all of them are present in one simultaneous
and all the pages
--shall be numbered correlatively in letters placed single setting. So you can imagine that if it takes place in this
on the upper part of each page. classroom, there are four persons.

One is the witness to each other to prevent fraud.


So the testator shall sign each and every page except the last
page
Let us now regroup that in terms of contents. And gibutang sa
We call this marginal signature. It is found in the left margin.
third par, kung unsa ang substance na ibutang nimo.
The reason why there is no marginal signature in the last
This instrument consists of three pages including the page
page is that there is already a signature by him.
where the acknowledgment is placed (kay notariohan
mani.), has been signed by the testator in our presence. And
As well as the instrumental witnesses.
we, the witnesses likewise signed the same in the presence
You will also find there marginal signatures in the left margin.
of the testator and all of us.
AND SHALL CORRELATIVELY NUMBERED IN LETTERS PLACED
Mura na ang substance class.
ON THE UPPER PART OF ITS PAGE.
Dili number. You spell out in words.
Attestation clause is a memorandum of facts certifying that
Asa ibutang?basta kay babaw. Left, right or middle.
that the will has been signed by the testator and that the
No exception. Pages: One, two, three.
signing was in accordance of the law.
Ang marginal signature, exclude the last page.
Unya di ni sya strikto ning attestation clause because of
The reason is obvious. It already bears the signature of the
article 809.
persons.
ART 809
ART 805 In the absence of bad faith,
3rd Par forgery, or
The attestation fraud, or
--shall state the number of pages used upon which the will is written, and undue and improper pressure and influence,
the fact defects and imperfections in the form of attestation or
1. that the testator in the language used therein
signed the will and every page thereof, or --shall not render the will invalid
caused some other person to write his name, if it is proved that the will
under his express direction, was in fact executed and attested
in the presence of the instrumental witnesses, and in substantial compliance with all the requirements of Article 805.
2.that the latter witnessed and signed
the will and all the pages thereof Liberalized maning attestation clause.
in the presence of the testator and of one another.

If the attestation clause is in a language not known to the witnesses, it Who attested this? The witnesses. That is why you will find
--shall be interpreted to them. (n) their signatures there

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Supposing that the attestation clause is in the language not You are deaf or deaf mute, but you can read the will, of couse
known to the witnesses, is that will void? read the will. If you require another person, they will come
It is merely interpreted to the witnesses as to its meaning. to know about the contents.
Of curse necessary masabtan sa testator. Kay remember in But if you cannot read, two persons shall be designated by
804, it must be in the language known to the testator. him. The person of your trust will read for you the contents
Pero sa witnesses, di kinahanglan they would understand it. on some practicable manner

Not that you are innocent about the will because you decided
ART806 what the will will contain. But probably the purpose is to
Every will determine if the instructions of the testator was carried out
--must be acknowledged before a notary public
by the testator and the witnesses. by the person who drafted it
He cannot be supposed to be ignorant because it is the
The notary public testator who made the substance of the will. But somebody
--shall not be required to retain a copy of the will, or
file another with the Office of the Clerk of Court. else may have written it. We just have to confirm if the
instruction of the testator was religiously carried out in the
Now you observe, in the matter of acknowledgemnt or mechanical act of writing.
notarization, is there a requirement that it be in the Because if somebody else did it for you, that is not allowed.
presence of the testator and of one another? If mechanically write, ok lang.
It is not place there. What is the implication? You can have it So munai ang purpose: to confirm if what was instructed was
notarized at different occation provided you appear before religiously and faithfully carried out by the person writing it.
him. But not that single setting of transaction. Because the The making of a will is a strictly personal act. It cannot be left
requirement of – in the presence of the testator and of one in the discretion of the third person.
another is no longer present.
Unya napay grabe.
So you can appear before the notary public w/o the Panaglitan, blind pwede bah?
witnesses. But you must appear in person and acknowledge Yes. It need not be that he is in possession of all his sensory
that that is your signature and signatures of the witnesses. faculties.
Therefore, age ra, 18 og sound and disposing mind.
Sa ubos notaryohan. Pero napa gihapoy sepecial rule para niya
Understandable, we should not impede the writing above.
ART 808
So pila na: If the testator is blind,
the will
1.Writing --shall be read to him twice;
2.Language and dialect known to the testator once, by one of the subscribing witnesses,
3.Subscribe- signed by the testator and again, by the notary public before whom the will is acknowledged.
4.Numbered in the upper part of the page
5.Attestation clause- will state the number of pages upon So two persons again.
which the will was written and there is a declaration that it But this time, notice. The persons are designated by law, not
was signed by the testator in the presence of the witnesses just designate 2 persons of the choice of testator. First by
and that the witnessed and signed the will in presence of he one of the subscribing witnesses.The second is the notary
testator and of one another. public before whom the will was acknowledged.
6.Notarized So very competent.

Just in case the testator is deaf mute. The law designated the persons in advance, not just anybody
Is he qualified? Yes. It’s only age and soundness of mind that as compare to 807.
is required. Why do you have to exclude just because he if
deaf. But there is a requirement in art 807 If it was read more than twice, there is no prohibition.
The most important part is that fully disclosed ang contents.
ART 807 That is his will. He decides.
If the testator be deaf, or a deaf-mute,
--he must personally read the will, if able to do so; Og bungol unya buta pa jud? Competent ba sya?
otherwise, So free interpretation.
he shall designate two persons to read it and communicate to him, Ang imong nakita ngara kay opinion rana.
in some practicable manner, the contents thereof. (n) There is no governing provision.

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If ang testator kay punkol, tiil nalang, or mouth. Of course undue and improper influence, we cannot
After all, the law is up for personal distinctiveness. countenance that.
The purpose is to obtain authenticity of your signature. You can now visualize the will making.
So if there are other means where you can write, that is
permitted even if that’s not with the use of you hands. Strikto because of the requirement of attestation clause.
If there are four witnesses and one is out, does that destroy
Pwede ang thumbmark? the validity of the will? No. after all the requirement is just
Kung sa testator, pwede. three.

Pero what is obtaining in relation to the question, if blind siya


unya at the same time deaf, wala tay authority nor ART 810-814
jurisprudence, that is only opinion. Holographic na class.
Asa gani ta nakaencounter og holographic? Sa 805. Every will
Why can we say it is allowed? other than holographic will.
First, he is not disqualified. Because he is 18 and of sound
and disposing mind. ART 810
A person
--may execute a holographic will
Plus, the purpose of 807 is to designate 2 persons. That is which must be entirely written,
accomplished also in 808, in order to comply the dated, and
requirement of third persons. signed by the hand of the testator himself.
It-is subject to no other form, and
And tuyo sa 807 is to effectively communicate the contents may be made in or out of the Philippines, and
of the will. need not be witnessed. (678, 688a)
That can be done, with greater reason because one of the
two is a notary public. Therefore, if you can with 807 and Holographic will is one that is entirely written and signed by
808, to my mind there is no reason why he is excluded. the signature. There has to be a date and a signature.
The emphasis is that it has to be written.
Third, the policy of our country is testamentary. It requires no formalities except the first two:
It should be interpreted liberally in favor of his qualification. 1. in writing and
2. in the language of the testator.
So a deaf and blind person can make a will. The rest of the formalities, not required. Very convenient.
Provided he can effectively communicate the contents to
the testator. Basta ikaw lang jud ang magsuwat.
That can be done by the lawyer. Siguradua and pirma og date, otherwise, that is void.
So to reject that particular person, that defeats public policy- The marginal signatures, witnesses and notarization are
testamentary. dispensed w/.
Maserve man nimo ang 807 and 808 combined.
Practical and convenient, although dangerous. Because it may
So to carry out the desired policy, then there’s no basis for be copied.
the refusal.
Matter of opinion rana. You are free to interpret provided The last will and testament is notarized but it is not a public
you provide the sound reasoning. instrument. Because the nature of the will a secret. You just
But of course the interpretation of the source has a register that but you cannot retain a copy. You don’t have to
persuasive effect read. You are not allowed to read. Unless if musugot ang
testator also.
ART 809 Maybe in public instrument, one of the characteristics is that
In the absence of bad faith, it will be available to the public.
forgery, or
fraud, or
Therefore, the last will and testament is notarized but not
undue and improper pressure and influence, public. It is considered private with respect to the contents.
defects and imperfections in the form of attestation or
in the language used therein
--shall not render the will invalid
if it is proved that the will
was in fact executed and attested Cge pick up ta sa holographic.
in substantial compliance with all the requirements of Article 805.
ENTIRELY WRITTEN, DATED AND SIGNED.
Wa nay formalities lain.
That is attestation clause, liberalized and treatment.

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Dali ra. Unya sekreto pa kayo because he is the only person
who is a privy to the will What is the rule that requires to make it a part of the
Pero kuyaw lang because someone may make it appear that holographic will? ART 812
it is your last will and testament. Dated and signed to make it a valid testamentary
disposition. ‘Must’ na siya class ha?
Art. 811. Otherwise, the additional disposition will be void.
In the probate of a holographic will,
it
--shall be necessary that at least one witness So if mu add ka june 27, you date it and sign.
who knows the handwriting and signature of the testator If mu add ka june 30, you date and sign it likewise.
explicitly declare that the will and the signature Both dated and signed to make it valid dispositions.
are in the handwriting of the testator.

If the will is contested, I’m referring to the additions ha? Kana bang testamentary
--at least three of such witnesses shall be required. dispositions below the signature.
In the absence of any competent witness referred to in the preceding If the additions are made on separate date, then each made
paragraph, and on the different dates shall be dated and signed separately.
if the court deem it necessary,
--expert testimony may be resorted to. (619a)
Art. 813.
Will must be probated, meaning approved by the court.
When a number of dispositions appearing in a holographic will
How about the holographic will? In the matter of probate, are signed without being dated, and
how many witnesses are needed? the last disposition has a signature and a date,
This witness must be familiar with the writing of the --such date validates the dispositions preceding it,
whatever be the time of prior dispositions. (n)
testator.
How many? Only one is needed. Let us say there are 4 additional dispositions. The situation is
Unless it is contested this. The first was on march.
In which case, you will produce 3 witnesses. The second and third, there were no date but there is
You add two more to make it three. signature.
The fourth is dated and signed.
Kay kung nay opositor, it is likely na ang iyang opposition ana What is the effect?
parte jud sa testator ba jud na. Therefore, the court must be
convinced that it is indeed in the handwriting of the If the last testamentary disposition is dated, then it will cure
testator. the prior disposition.
Nay minimum but way maximum. Pwede lima og gusto ka. Let’s read the governing rule in ART 813.

But there is no guarantee on the authenticity or genuineness. Bisan pa ang tanan kay way pitsa but nay pirma, except the
You won’t know if at the time of the making of the will he is last. They were made on different occasions. What is the
intimidated, coerced or if fraud was employed. And he is effect?
already dead. The last validates the prior invalidated disposition.
Theres a curative measure. Duna lay pitsa ang katapusan
Ari nalang sa notarial. May be burdensome, pero mas nimo, it will validate so long as there is signature. So
guarantisado. Daghan manunod og prima. validated. As if there is a date.

Art. 812. Panaglitan, ang third lang ang naa. Ang first og second walay
date but nay signature. Ang third nay date and signature.
In holographic wills,
the dispositions of the testator written below his signature Ang fourth, walay date nay signature.
--must be dated and signed by him Does the third disposition cure it?
in order to make them valid as testamentary dispositions. (n) \ No. because the law specifies that the disposition that
Ex. validates and cures is the last testamentary disposition. That
You have this holographic will. You have already signed it. umber three is second to the last, not the last.
Concluded na. You want to add some more additional Therefore, only third ra ang valid.
disposition. Giemphasize man ang ‘last’. Muingon unta na subsequent
The indication of the signature is that it marks that the disposition will cure the previous undated dispositions.
testamentary disposition is already concluded.
So you put additional dispositions below. So we are settled. Of there are additional testamentary
Is that permitted? dispositions written below the signature, there has to be a
Yes. date and a signature to be valid.
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Should there be none, then it is invalid for lack of However, if they are made on the same date, then single
formalities. date and signature are sufficient.
However, if the last disposition bears a date and a signature,
the defect of date with respect to the prior dispositions are ART 814
deemed cured. In case of any insertion,
cancellation, in a holographic will,
But there is no curative signature. With respect to signature, erasure or
there is no validation. Only the date can be validated by the alteration
last disposition.
the testator must
--authenticate the same by his full signature. (n)
What if type written and additional disposition or if
somebody else wrote it?
That is fatal for the entire will. That invalidates the entire will. Kaning will, it is essentially revocable. Therefore, there may
Reason; that is a holographic will. It must be entirely written. be a change in the decision of the testator. The last article
Unless it was made without the knowledge and consent of on cancellation, erasure, addition, or any modification on
testator. the holographic will can be done.
Example, gitagaan nimo si Juan Cruz. But you changed it to
Can additional disposition modify the original disposition? Pedro Santos. So on top of that, you superimpose the name.
The additional disposition will prevail in case there is conflict. you are cancelling.
Because it will manifest the latest expression of the testator. What is the formalities?
You simply disregard the first. So authenticate it by his own customary signature.
As in fact you can revoke, rive, cancel or erase. What is important is that you are customarily using it. You
authenticate that.
Can there be a presumption if there is no date and signature
on the first three but in last, that it was made in Kadto diay date and signature? Para rato sa additional
The word used is validated. Not presumption. dispositions.
What validates is only the date. There is no validation as to
signature. So the rule is, additional testamentary dispoaitions below the
signature must be dated and signed always.
Remember that date is required only on The only exception could be if the additional dispositions
Why additional disposition be dated and signed. were made on the same occasion, on the same date, or
simultaneously, then even if there were similar, then a
Situation: signlke date and date is sufficient.
1st no date, no signature
2nd no date, no signature However if made on different occasions, and the last bears a
3rd no date, no signature date and a signature, the date can validate the previous
th
4 w/ date and signature dispositions made. But if the previous dispositions do not
There has to be a date and signature. have signature, then has no effect. It is void.
The 1st, 2nd and 3rd are void because there is no signature.
th
4 is valid. So if you are the proponent, then you convince the court the
dispositions are made on the same date.
But if four of them are made on the same date, only one
signature and one date is enough. Even if it is made on
different hours of the day. The civil code speaks of one day
as 24 hours from sunrise to sunset. The date and the
signature already embrace the four.

Art 813 is applicable when the additional dispositions are


made on different dates.

It is the proponent of the additional dispositions who will


prove that they are made on the same date to refute the
claims that the first three are invalid.
So the additional dispositions below the signature should be
dated and signed individually

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In Philippines Philippine law
So what laws as to country can we follow as to form?
Philippine law So in the country where he may be.
Abroad Domiciliary law
Lex Lucis celebrationes Diri, Philippine laws gitugon. Because you are more
Place cognizant of the law of your country.
Philippine law Pwede law of the domicile. So Sweden.
In Philippines National law You also recognize lex lucis celebrations. So pwede ra south
Lex lucis celebrationes
Extrinsic validity Africa. Where he or she may be. So south Africa.
National law
Abroad Domiciliary law Art. 816.
Lex Lucis celebrationes The will of an alien who is abroad
Philippine Law --produces effect in the Philippines
if made with the formalities prescribed by the
Time Law at time of makin law of the place in which he resides, or
according to the formalities observed in his country, or
in conformity with those which this Code prescribes. (n)
Place National Law
Intrinsic validity This time the testator is an alien. Chinese. He is residing in
Time Law at time of death
the Philippines
What formalities will he comply as to form?
We’ll shift to forms ART 815-817
Chinese national siya, mas sweto siya sa law niya. So national
There are two forms of validity.
law of the alien or the Chinese law.
Intrinsic validity and extrinsic validity
Gitugot ba ang Phil law? Yes.
If testator is Filipino living in Philippines. Wala nay gubot.
Follow Philippine laws.
If an alien is permitted to use phil laws, why can’t Filipino
abroad use phil law? So you can use also phil law. Nagtugot
What is extrinsic validity?
man gani ka sa alien unsa pa kaha ang Filipino.
1.You look at the capacity of the testator.
You look at ART 797. The capacity to be required is the age
Persons, ART 15 on forms and solemnities.
requirement, at least 18 and the soundness of mind. Art. 15. Laws relating to family rights and duties, or to the status, condition
2. Whether he voluntarily consented and signed the will. and legal capacity of persons are binding upon citizens of the Philippines,
Wala bay employment of fraud. Wala bay intimidation or even though living abroad. (9a)
coerceon.
3. Whether the will comprised the formalities. Nganong sundon gihapon ang sa pilipinas bisan napas gawas?
Signature, marginal signature, notarization, etc. Shall be binding upon the phils even though living abroad.
He should not be denied phil law. As to form.
If intrinsic, it refers to the testamentary disposition.
Valid ba ning disposition? What else?
First, as to place. Then as to time. What if Chinese national but niadto siya momentarily sa
Indonesia, and made a will there. So Chinese national living
Why? What will govern if the Filipino is in the Philippines or in the Philippines and sojourning in Indonesia.
outside? Pwede ang lex lucis celebrations.
So VIEWED FROM PLACE. Can that be probated in our court? Yes.
If you are a Filipino residing in the Phils. As to form, you
should comply the phil laws. And no other. Ang alien gihapon pero abroad.
Spanish national, residing in germany but he is in laos.
But if the testator is a Filipino but then residing abroad and He is allowed to use national law, Spanish law
momentarily he is south Africa to watch the world cup. He is also allowed to use the law of domicile, German Law
Pwede sad lex lucis celebrations, Laos Law
ART 815
When a Filipino is in a foreign country, Go back to Filipino abroad, nothing has been positively said
he that he is allowed phil law.
--is authorized to make a will in any of the forms
established by the law of the country in which he may be.

Such will
--may be probated in the Philippines. (n)

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If an alien abroad is allowed phil laws, why can’t you give the ART 816
same opportunity to a Filipino abroad. So Filipinos abroad The will of an alien who is abroad
--produces effect in the Philippines
are allowed to use Philippine laws by implication. if made with the formalities prescribed by the law of
the place in which he resides, or
according to the formalities observed in his country, or
in conformity with those which this Code prescribes. (n)
Holographic will, before the civil code, holographic wills a re
not allowed.
The new civil code took effect on aug 3, 1950.
It will be governed by the national law of theperson whose
If you made a holographic will b4 that date.
succession is under consideration.
At the time it was made, it was not permitted. But at the time
Kanang namatay, Filipino. So national law niya, Philippine law
of the death of the testator, that was already permitted.
will apply.
What shall govern? Law at the making? Or law at the death?
So exclusive. Way enumeration isturyahon.
Law at the time of making!!! As to form ni atong gisturyahan.
National law in short. Regardless of the place where the law
should be found.
ART 795
The validity of a will as to its form
--depends upon the observance of the law in force at the time it is made. ART 1039
Capacity to succeed
So if you make a holographic will way back in 1949. There is --is governed by the law of the nation of the decedent. (n)
still no law allowing holographic will. What is the status of
the will? It is void, even if he died at 1952. Duna bakay kapasidad manunod?
Di lang siya expressive. Mubo lang. lahi ra nang iusausa gyud.
Therefore, if karon magbuhat ka, make follow new civil code. On the order of succession. – kinsay unahon og hatag.
On amount os successionalrights. – pilay share nimo.
Ngari ta sa intrinsic. Also categorized in: viewed from place On the intrinsic validity of the will. – testamentary
and time. disposition

What will govern the intrinsic validity of the will? Whether So governed by the law of the testator. Wholesale ang
the particular disposition is allowed or not, what will application.
govern?
Intrinsic validity means whether the testamentary disposition So as to place, national law of the testator.
is valid or not. Whether that person can be recipient, whther
that amount is allowed by law. Last item.
Kaning time.
Example, illegitimate children before the family code, they The right of succession if enforced at the time of death of the
were given half of the share of the legitimate children. The decedent. So the law enforced at the time of the death.
testamentary disposition for the illegitimate child is now put
into issue. Because he gave the illegitimate child an equal Notice the difference: ang forms, the law at the time of the
footing with the legitimate child. Is this permissible? The making. Pagintrinsic validity: the law at the time of the
answer to this cannot be found on the validity on the form. death. This is consistent w/ ART 777
The issue os on the testamentary disposition itself, the
intrinsic validity. Art. 777.
The rights to the succession
--are transmitted --from the moment of the death of the decedent. (657a)
Filipino residing in US, California. He died in Barcelona. What
law will govern the distribution of his estate? Mas sayon ning intrinsic validity.
Art. 16. Persons and family relations
Real property as well as personal property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary successions, both with respect to the
order of succession and to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration, whatever
may be the nature of the property and regardless of the country wherein said
property may be found. (10a)

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SUCCESSION
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June 23, 2010
Kana gung joint will, daghan kayo nag lapso.
In case of intrinsic extrinsic validity, much has been said First, it violates the secrecy of the will.
about the date and the signature. Second, it is difficult to revoke or mutilate. The other will not
Play it safe. Every additional disposition, place a signature. because that is his will also.
That can never be wrong.
Pero a better suggestion, if they are made in one day, to Worse if it is mutual. What do you mean by mutual heirs? If
avoid confusion, please place a bracket to indicate that the the testators are heirs of to other who is deceased.
dispositions are made on the same date. Rather than placed If A dies, B is the heir to the properties of A. If B dies, A is the
below. heir. Reciprocal na. If joint and reciprocal, void gihapon.
Page 118 of Paras
Ang nullity is not because it is reciprocal and mutual. Ang
We’ll open up a new topic:JOINT WILL nullity is because it is joint.

ART 118 Mutual and reciprocal will, gitugot mana.


Two or more persons There are two separate wills, executed by A and B
--cannot make a will jointly, or
in the same instrument, respectively. A said it is B who will inherit and vice versa.
either for their reciprocal benefit or That is reciprocal and mutual. That is not prohibited.
for the benefit of a third person. (669)
If ever that is void, that is because it is joint not because it is
Joint obligation. Sayon ra. Opposite sa solidary.
mutual.
Joint will mani.
If the will of two or more persons is embodied in one and the
But let us go to aliens.
same document or identical document, you call that a joint
If executed in the Philippines, we do not allow it
will.
But if executed abroad and the country or state where joint
will is executed permits that, like in germany, will that be
This is a last will and testament, then signed by A and B. they
probated if ever submitted in the courts?
jointly sign the testament embodied in one or same or
Yes. If made by the alien and in the country where it is
identical instrument.
executed permits it. The court will probate it. They will just
impead and prove the foreign law that permits it.
But if the will of A is placed on top and B’s will is place at the
back. That is not a joint will. There are two separate will.
Pero og Filipino gani ka, absolute ang prohibition here and
Buwag man. Samot kung ang will ni b nasa likod. Or to your
abroad.
left, kan A og kay B ang right.
Kung alien pero diri gibuhat, di gihapon.
And mahimo ra jud kay alien and executed abroad that allows
Identical document, bahalag pila ka provision, duha ka tao
it.
kapin ang nagpirma. Muna ang joint will.
Worse, the testator will be tempted to kill basta reciprocal.
What is the status of joint will?
That is absolutely not allowed. If you will make one then that
ART 819
is void. We do not allow that. Wills, prohibited by the preceding article,
executed by Filipinos in a foreign country
If executed abroad by Filipinos and in the country where they --shall not be valid in the Philippines,
even though authorized by the laws of the country
executed a will jointly, that is permitted, joint will is still not where they may have been executed. (733a)
allowed wherever it may be executed; in or outside the
country. If you are a Filipino, that is absolutely not allowed.
Art819 clarifies lang sa akong gisulti. Para mahan ay lang ang
That is exception of lex lucis celebrationes. If valid at the article, just read it in passing.
place of celebration or execution, that is an exception. A
joint will executed by Filipino/s are always void. So absolute ang prohibition. Diri or sa gawas.

Pananglitan executed by aliens in the Philippines.


Again, in the Philippines, we do not allow it.

Filipino gani, in or out, di jud mutugot.


Aliens gani dinhi sa Philippines, di lang gihapon ta musugot.
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ART 820 Final judgment means the period for which to appeal has
Any person of sound mind and already lapsed.
of the age of eighteen years or more, and
not bind, deaf or dumb, and
able to read and write, So unom tanan. I positive pag state.
--may be a witness to the execution of a will
mentioned in Article 805 of this Code. (n)
So it’s easy to be a testator rather than a witness. Kay mas
ART 821 daghan man siyag qualification
The following are disqualified from being witnesses to a will:
(1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of
falsification of a document,
perjury or ART 823
false testimony. (n) If a person attests the execution of a will,
to whom or to whose spouse, or parent, or child, a devise or legacy
is given by such will,
Expound ta sa instrumental witnesses. such devise or legacy
We and ordinary is notarial will, there has got to be three --shall, so far only as concerns
instrumental witnesses. such person, or spouse, or parent, or child of such person,
or any one claiming under
Who could be witnesses of a will? Do they have same such person or spouse, or parent, or child,
qualification as the testator? be void,
A cursory reading of 820 will reveal that if you witness, you unless there are three other competent witnesses to such will.
have more qualifications than a testator. However, such person so attesting
--shall be admitted as a witness
Cge, you have al the 4 in 820. as if such devise or legacy had not been made or given. (n)
Installment mana ang pagkahataga. You complement that w/
Should you be a witness, then what is the adverse
art 821. In 821, you are disqualified. If you are disqualifies,
consequence it?
you are not qualified. So I positive ang statement?
You are competent as a witness, but you are incapacitated
to inherit should there be a provision designating you as a
There are six qualifications actually.
beneficiary heir so that you are devisee/legatee.
1. sound mind
2. age: 18 or more
If out of the will, you are favored by it, you are incapacitated
3. not blind, deaf or dumb
to inherit.
4. able to read and write
5. domiciled in Philippines
It also covers your spouse or parent or children. They are
6. convicted of falsification of a document,
also disqualified.
perjury or
false testimony
Look at the person adversely affected.
Why?
You must be domicile in the Philippines.
Because Filipinos are very enterprising. You always ask for
What do you mean by domicile of the Philippines?
concession.
It id the place where one is habitually present, and
whenever he is absent, he has the intention to return to that
Also barred are any of the persons claiming from the persons
place.
mentioned.
Anyone claiming from your spouse is also barred.
Technically domicile and residence is different.
But the validity of the will is not affected.
Why is it important to be a domicile in the Philippines?
Asa padong ihatag nimo?
Availability if ever there is should there be a summons to
Intestacy follows, unless there is substitution.
appear in court.
If creditor ko sa testator, 100k, nagpakamatay. Wa ko bayri.
The witness must not have been convicted of falsification,
Unya I am also a witness to his will.
perjury, false testimony.
Is the obligation extinguished? Am I also barred from
What is the common denominator?
receiving the credit due on me?
Your credibility is at stake.
No. Monetary liability is not extinguished by death. Only
personal obligation is extinguished. He can be a competent
witness, likewise he can collect his claim. So creditor is
exempted in this article.

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ART 825-827 talks about codicil.

ART 825
A codicil
--is supplement or addition to a will,
made after the execution of a will and
annexed to be taken as a part thereof,
by which disposition made in the original will is explained,
added to, or
altered. (n)

This defines a codicil.

Therefore, this is a will. This is a codicil.


What is the purpose of a codicil?
Primarily it is to add, alter and explain the testamentary
disposition in the will.

Unya, accordingly, in order that it may be valid it should be


executed with the formalities of the will.
All formalities of a will should also be applied with the
codicil. 804-806

So what is the difference between the two?


At most, in point in time, the will was executed ahead of the
codicil. Because if there is no will, nothing is to be added,
altered or explained.

Supposing the codicil did not add, alter or explain any


dispositions of the original will, what do you call this when it
is not doing its function?
To my mind this codicil should be treated as a separate will.
And therefore there are two wills this time.

All the dispositions, unless they are inconsistent with each


other shall be given effect. If there is no conflict, you give
meaning and enforce the dispositions.
If there is inconsistency, the codicil will prevail. That
represents the latest intention of the testator.
The intention of the testator is the supreme law in
succession.
If the codicil did not explain, add or alter, that is still a valid
codicil.
If there are new matters in the codicil, then let it stand just
like a will.
If the codicil did not revoke the will expressly or impliedly,
then those two provisions shall be enforced. If you have
probate, you present both.

*When you add, the addition should be related to the will.


*Your will can be revoked by a codicil and a codicil can be revoked
by a will.
*If the will is defective formally, the codicil can cure the defect. ART
835-837, we are a topic on republication and revival.

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June 29, 2010 ART. 830.
No will shall be revoked except in the following cases:
(1) By implication of law; or
ART 826
In order that a codicil may be effective, it (2) By some will,
--shall be executed as in the case of a will. codicil, or
other writing executed as provided in case of wills; or
So they have the same formalities.
(3) By burning, the will with the intention of revoking it,
You know already the formalities of the notarial will. tearing, by the testator himself, or
cancelling, or by some other person in his presence, and
obliterating by his express direction.

If burned, by some other person,


ART 827 torn, without the express direction of the testator,
If a will, executed as required by this Code, cancelled, or
incorporates into itself by reference any document or paper, obliterated
such document or paper
--shall not be considered a part of the will the will may still be established, and
unless the following requisites are present: the estate distributed in accordance therewith,
(1) The document or paper referred to in the will if its contents, and due execution, and
--must be in existence at the time of the execution of the will; the fact of its unauthorized
(2) The will destruction, cancellation, or obliteration
--must clearly describe and identify the same, are established according to the Rules of Court. (n)
stating among other things the number of pages thereof;
(3) It
--must be identified by clear and satisfactory proof
What are the different ways a valid will can be revoked?
as the document or paper referred to therein; and 1. By implication of law or operation of law.
(4) It For instance, a certain person is named as the heir of the
--must be signed by the testator and the witnesses
on each and every page,
will, describing the properties to be given to him.
except in case of voluminous books of account or inventories. (n) Later the testator disposed of by way of sale of the
properties.
Just in case you want to incorporate the document to your The act of alienation by the testator will revoke the will by
will, because you find it hard to copy the words in the will, operation of law.
just incorporate that. That would represent a change of his heart or
Just like in a compliant, you annex that to the document reconsideration of his decision.
material to the cause of action.
Or another case, transformation.
But if you want to incorporate a document, there are things This is a warehouse. In lieu of the person of the heir in the
that must be observed. will.
1. Document must be existing at the time of the making if the Later on the testator transformed the warehouse into an
will apartment.
2. It must be described and identified, stating the number of The transformation signifies his change of heart.
pages.
3. It must be identified with satisfactory proof Loss of the thing intended to be given to you.
4. The testator and witnesses must sign all pages except for That also extinguishes the right of the heir.
voluminous records of account or inventories.
In the family code you have come across the decree of
annulment or legal separation. What are the effects?
We might proceed to revocation. Testamentary disposition of the guilty spouse will be
ART 828. revoked by operation of law.
A will Kung guilty spouse ka, and the innocent spouse executed a
--may be revoked by the testator
at any time before his death. will before the separation or annulment, that disposition is
deemed revoked.
Any waiver or restriction of this right That is true in case of testate and intestate succession, again
--is void. (737a)
by operation of law. Balaod ang nagbuot to penalize the
guilty spouse.
To revoke, to nullify to render ineffective, to void, to set
aside.
2. By Executing a revoking will or codicil.
Because a will can be revoked by another will or codicil.
If the will is void, there is no need for you to revoke.

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The mental process (intent to revoke) must concur with the
3. By overt act. physical fact (actual destruction of the thing).
Usually mga american cases, they have persuasive effect Kay nakay intention to destroy, but wa kay gihimo, di jud na
because that originated in California. marevoke.
But we have jurisprudence on the matter. So we don’t have However slight the destruction, so long as it is coupled with
to copy all their decisions. intent to destroy, the will is revoked
Overt acts specified by law must be construed strictly Wa man guy standard. Walay sukod sa gisi.
Why?
Because the policy is testamentary. c. There must be intent to revoke the will
Before it is carried into action, it originated from your mind.
What are the overt acts?
1. Burning d. The testator must have some capacity to make a will at the
2. Tearing time of the revocation
3. Mutilation – to tear it some more, or something that is This is only incidental.
already torn Capacity to make a will must be present at the time of
4. Cancellation – placing a line that crosses each other, or execution. That holds true at the time of execution.
lines across the words. Maybe the testator must not have acted while in the state of
5. Obliteration – to render the writings unreadable illegible. mental disturbance.
Diba requirement is that you are of sound and disposive
There are only 4 overt acts mind.
In your book you can read Roxas v Roxas, crumpling the will. Nganong in contract, if insane ka, the contract is voidable
Is that included? because you are not aware of what you are doing.
It is not included in the enumeration. Wa lay voidable sa will.
There was error committed by the judge. The party plaintiff If the act of tearing by the testator at the time he has no
did not appeal. So it became final. And you know that even if capacity because he is suffering from insanity, naturally, that
the judgment is erroneous, after it gets finality, it is cannot be revocation. He is not aware of what he’s doing.
executed.
Technicality man gud. Wa ni appeal. It became final. e. It must be done by the testator or some other person in his
presence and express direction
What about eating the instrument? Imo nalang ipagisi.
Not included. Critical jud ning tulo.
But I submit that that will revoke of course. First, your brain intended to revoke the will.
Naturally magisigisi jud. Then you carry that out in subjective phase.
Ang imong laway, di nana mabasa. And then seeing to it that the act done is one of those
Nana ang tearing og obliteration. specified by law.
In the case, Perks v Perks
The testator tore the will but repentant to what he has done, Di sad mahitabo na di magisi. Hait man imong ngipon.
he tried to assemble the torn pieces. Makagisi man gai nag pochero. Unsa oak aha nag papel.
Munang ma empbrace gihapon na siya sa those specified by
Nasay lain kaso, law.
Ang envelope ray nasunog. He did not know that the will was
indide.
By implication of law
Nay guide nato. When the overt act had deemed to have Scattered ang provisions ana.
revoked the will. They can revoke each other.

Let us look at what are the requirements of the overt act: Strictly construed.
Why?
a. There is an overt act specified by law. In order not to defeat the intent of the testator considering
We will not extend the meaning of the overt act. our policy is testamentary
Because like we said, our policy is testamentary. As much as possible we will give meaning to the
So, even if it materially destroyed, it may still not amount to testamentary disposition.
an overt ac.

b. It must have passed the subjective phrase.

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ART 834 ART 831
The recognition of an illegitimate child Subsequent wills
--does not lose its legal effect, which do not revoke the previous ones in an express manner,
even though the will wherein it was made should be revoked. (714) --annul only such dispositions in the prior wills
as are inconsistent with or contrary to those contained in the latter wills.
Sometime, during our first meeting, I mentioned, the primary
Sayon rani sabton. Implied revocation.
purpose of the will is disposition- who and how much
These are the testamentary dispositions in will number 1.
But there are will that do not function to dispose of the
Will number 2 has no revocatory clause.
property like in 834.
What will you do?
Sometimes the will is executed and there is a recognition or
You pick out the disposition inconsistent with the second.
the illegitimate child.
Only the dispositions are revoked. The will is still good.
The disposition in the previous will which are contrary or
What is the effect if there is a recognition of the will and then
inconsistent with the latter will, the dispositions of the
the will was revoked?
second will will prevail.
Let it be known in terms of succession, you’ve got to
establish your filiations to the deceased. Otherwise,
So this is implied revocation.
everyone can just claim.
What about other disposition not inconsistent?
And how do you establish your filiations?
It stands good and still forms part of the will. The two wills
1. Statement in court of records
will be presented together.
Stenographic notes- in direct or cross examination, you
But first remember, efforts must be made to reconcile the
mentioned someone to be your child
disposition in order to give meaning to the dispositions,
2. Birth of record
giving effect to our policy.
3. Wills
In kaso walay inconsistency, then the two wills will be
Therefore, if you are recognized in a will but it is
considered and presented in the probate later on.
subsequently revoked, what is the effect on the status of
The revocation is implied.
recognition?
If there is revocatory clause, inconsistent of not, marevoke
It shall not lose its legal effect even if the will where it was
nani tanan.
made was subsequently revoked
This is express revocation.

It is difficult to imagine a saving clause where there is also a


What is the reason?
revoking clause.
Because recognition is not a testamentary disposition.
You cannot conceive a situation.
And it is immediate effective.
Q&A 53 min resume
While will is mortis causa, effective upon the death; After the probate of the will, the due execution is conclusive.
recognition s inter vivos, effective during the lifetime. Capacity of the testator.
You are not disposing properties when you recognize. 1 year after the brother questioned, Res judicata

If noverlap ang mahatag sa will, hire a private surveyor.


So ilay down lang daan. An illegitimate must be recognized There may be proportional reduction.
voluntarily, compulsorily or judicially.
And 832
Sa mother lisod pagdisown. A revocation made in a subsequent will
--shall take effect,
even if the new will should become inoperative
So you prepare the predicate. Pag andam. by reason of the incapacity
You communicate. of the heirs, devisees or legatees designated therein, or
Communication must be preserved. by their renunciation. (740a)

It is not a testamentary disposition that is why it will survive The will is valid even if the persons designated cannot inherit.
even if the will was revoked. Why? He may be disqualified by law. So the will is still valid.
And the revoking will must be a valid will also. An invalid will Ex.
cannot revoke be valid will. Will number 1. Ang will number 2, the beneficiary cannot
inherit.
Is the second will valid?
Yes.

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Even if you will renounce? I can execute a codicil. It has the effect of republishing the
Yes. Because to inherit is not an obligation but a right previous will as modified by the codicil.
Therefore if you renounce, you cannot be compelled to
accept. You describe the will… this first will consists of five pages,
What happens to the revoking will? date, and notarized.
The revoking will is still good. Even if the person designated Paghimo dayon og declaration… that I am adopting the will as
to receive will refuse or willing to receive but cannot my last will and testament.
because of provision of the law. Sa ato pa you are giving effect or giving life to the which was
otherwise useless.
You declare expressly that you are adopting this will as you
last will and testament. I describe.
ART 833 Unsay effect?
A revocation of a will based on a false cause or an illegal cause The will is now effective. The will will now be governed by
--is null and void. (n)
property distribution.
There is a will. Ang beneficiary, transferee or heir is A.
If the testator is 15 years of age at the time of execution.
Testator still living, somebody told him that A already died.
For lack of capacity it is void.
So iyang giilisan si A. Si B nalang.
Upon the death of testator
If mamatay ang testator, the first will will be followed.
A should receive not B.
Make sure na 18 na siya when he made the codicil.
This is a revocation based on the false cause. The revocation
is void.
What to do:
Contract: the object is unlawful cause
1. describe.
It has no effect, either if unlawful or false.
2. make a declaration.

When we talk about extrinsic validity, we talk about:


1. capacity of testator
2. form

ART 835-837 republication and revival


Isa sa makalibog sa balaod ka yang di i-organaize pag present.
Supposing the will is void because it is lacking in form, will
ART 836 is the rule.
that codicil be applicable?
ART 835 is the exception.
No. That’s why I erased the two witness because that is
defect as to form.
ART 836
The execution of a codicil referring to a previous will
--has the effect of republishing the will as modified by the codicil. (n) General rule, codicil can republish a previous will which is
void or has been revoked.
By example. However if there is a defect as to form, we read trhe
(Wrong example. Follow example of age below. This is a flaw on formalities) exception in art 835
This is a will. Kani siya, duha ra kabuok witnesses.
Is the will valid?
No. Because it is lacking its formalities.
Pagkahuman nay republication ART 835
The testator
Unsay republication? --cannot republish, without reproducing in a subsequent will,
the dispositions contained in a previous one
And meaning nay comment sa 835. which is void as to its form. (n)
Republication is the process of republishing a will that has
become useless. If the nullity proceeds from defect as to form…
Why useless? Cge balikon nako ang 2 witnesses only. Defect as to form. Can
1. it is void. the codicil republish the void will?
2. it is valid but has been revoked. No. if the nullity proceeds from defect as to form, the codicil
cannot republish.
Is there a chance I can give effect to that will or republish it?
I can.

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GR - a codicil can republish a void or revoked will If will 1 is impliedly revoked, the revocation of will 2 by will 3
EXPT – if the defect is void as to form (expressed or implied) will revive the will 1.
In which case, execution of a subsequent will or
reexecution by copying the void will be sufficient to Revival means to restore the effectiveness.
republish
Supposing will 3 reviving the will 1 has a testamentary
So what is needed? disposition inconsistent with will 1, of course will 3 will
It needs to be executed in a separate will or simply prevail because it is the latest intention.
reexecution.
Copy what has appears in the void will. This time, have three ART 838
witnesses. No will
--shall pass either real or personal property
unless it is proved and allowed in accordance with the Rules of Court.
So there are three witnesses this time. Wa nay depekto.
Codicil is not sufficient. The testator himself
--may, during his lifetime,
Reexecution or you make a subsequent will containing the petition the court having jurisdiction for the allowance of his will.
same disposition
In such case,
the pertinent provisions of the Rules of Court
Marepublish gihapon? for the allowance of wills after the testator's a death
Yes. But dili codicil ang makarepublish niya. Reexecution. --shall govern.

The Supreme Court


--shall formulate such additional Rules of Court
as may be necessary for the allowance of wills on petition of the testator.
ART 837
Subject to the right of appeal,
If after making a will,
the allowance of the will, either during the lifetime of the testator or
the testator makes a second will expressly revoking the first,
after his death,
the revocation of the second will
--shall be conclusive as to its due execution. (n)
--does not revive the first will,
which can be revived only by another will or codicil. (739a)

You can think about three wills here. Probate is referred to as protocolization or sometimes
Will number 2 expressly revoke number 1. authentication.
Because of the revocatory clause, let us totally disregard the
first. Not just the disposition but the will itself. What can probate?
Contrast ni ganina. Ganina implied to kani express. Probate is proving before the competent court the due
execution the will by a person possessed with testamentary
What is the effect of express revocation? capacity as well as…
Totally, the will is revoked.
What court?
Supposed a third will is executed which in turn revoked the RTC of the province where the testator is resident.
revoking will, does that revive the first will?
It does not. Resident means actual residency. As contradistinguished
Because the revocation is expressed. Di najud na from legal residency.
mabanhaw. Actual residency is where you are residing in person.

But how do you revive it? If you are here in Cebu for purposes of studying, after the
Execute a codicil or a will for that matter. semester you will go home to your province, your domicile is
your province.
Had it been an implied revocation in will 2, those dispositions
inconsistent will be deemed revoked. If will 2 is likewise Domicile is the place where you are habitually present, and
revoked by will 3 (express or implied), what is the effect? whenever you are absent, have the intent to return to that
That gives life to will 1 automatically. place.
This does not have a direct provision but this is guided by Residence is the actual place where you are at a given time.
direct provision.
Why? If 837, referring to express revocation does not revive Therefore if the testator is a resident of the Philippines, then
the first, contrary, if revocation is implied, it will revive. the RTC of the province where he is a resident is the venue.

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If he is not a resident on the Philippines, then the RTC of the Supposing once probated, what is the effect
province where the property is located. 4th par of 838
Subject to the right of appeal,
the allowance of the will, either during the lifetime of the testator or
What is the function of a probate court? after his death,
Kanang probate court has a limited authority over the will --shall be conclusive as to its due execution.
presented to it.
Why limited? Findings of the court is conclusive as to the due execution.
The function of the probate court is only to determine You cannot question that anymore
1. Whether the testator has the capacity to execute a will.
-question of capacity Example:
2. Whether the will was in fact executed in substantial The testator is only 15 years.
compliance with the requirement of the law Gipresent iyang will before the probate court by any person
-question of due execution with interest of the will.
3. Whether the signature appearing in that will is indeed the They succeeded because the court approved the will.
signature of the testator. 1 year later the brother of testator questioned the will.
-question of identification Void man jud tinuoray lang.
These are the only functions of the probate court. But the status if his question is res judicata.
The probate court will take care only of the extrinsic validity Because the findings of the probate court is conclusive. That
of the will. is beyond question.
By fiction of law, it is as if he is 18 at the time of the
If you would want to question whether you are receiving less execution.
than what you are entitled, the probate court has no Indeed 15 but du naka paminawon.
business dealing with that issue.
You can bring that in a separate court. By fiction of law, he was already 18.
Intrinsic validity gani, file it in another court other than the Giraise unta nimo during the probate.
probate court. If not, you avail of the remedy in rule 38, petition for relief
within 6 months.
Because the probate court is limited only to the extrinsic But 1 year naman ang nilabay. No more.
validity of the will.
Although as we progress, when we review cases decided by Ang question nimo, itugot lang, on the grounds of lack of
SC, it allows the probate court to pass certain issues apart jurisdiction.
from the extrinsic.
If you present that for probate. Sa rule, it appears can be
Just to mention few; to determine whether there is done ante mortem or post mortem. Meaning during lifetime
exclusion of a compulsory heir. or after death.
Sc says that while it is true that probate court has no But why not if after death?
function dealing with the intrinsic issue of a will, Because SC is authorized to make implementing rules and
nevertheless we give our approval considering that if in the regulations. But that they did not make any rules of
probate there is exclusion, then that will is useless. procedure regarding petition for probate during the lifetime
of testator.
So in a case to case basis lang. Very few ra ang musugot. That is most desired because the testator the testator can
But GR – the probate court will only take care of the extrinsic clarify matters while he is still living
aspect. Until now, the probate can only be made post mortem.
Capacitated ba ang testator at the time of the execution of Tanan ambiguity masettle kay buhi paman siya.
the will?
Is it executed in accordance with the requirements of the
law?
Is it indeed the signature of the testator found in the will?
Is there no fraud, etc?

If muingon ka, ako man ang tinuod na asawa, tanawa pa ang


marriage contract, don’t bring that to the probate court.
Intrinsic naman na.

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SUCCESSION
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ART 839 These are the causes of vitited consent 3-6.
The will Kana sa number 6, gimislead siya. He was made to
--shall be disallowed in any of the following cases:
(1) If the formalities required by law understand na nagsign lang siya og autograph.
--have not been complied with; Pwede ra nimo marefer sa lacking of capacity.
(2) If the testator
--was insane, or otherwise Of course desirable na makaindividual ka nila
mentally incapable of making a will, at the time of its execution; Ang mahitabo, vitiated consent.
In which case it is disallowed by the court.
(3) If it
--was executed through force or
under duress, or What is the difference between disallowance and revocation?
the influence of fear, or Ang common denominator, the will cannot be given effect.
threats;

(4) If it In disallowance, it is pronounced by the court. And if you


--was procured by undue and improper pressure and influence, notice, there are legal grounds in 839.
on the part of the beneficiary or of some other person;

(5) If the signature of the testator In revocation, the will is revoked at the pleasure of the
--was procured by fraud; testator, with or without grounds at all.
(6) If the testator Di mana obligation nimo pagpanghatag sa mga tao.
--acted by mistake or
did not intend that the instrument he signed
should be his will
at the time of affixing his signature thereto. (n)

839 is about disallowance.

When is it disallowed? Let us now examine the provisions.


1. When the will does not comply with the forms prescribed Let us not discuss about forms and extrinsic validity.
by law. We now look at a concrete will then let us look at the
Just by mere looking at it, the form can be reflected in the testamentary disposition.
document. It is governed under ART 840-856 - institution
It does not merit.
Tingali og minor lang, like 3rd page bears no marginal ART 840
signature. Institution of heir
--is an act by virtue of which a testator
Maybe the judge can wait for explanation. Ex. Simultaneous designates in his will the person or persons
lifting of the page. who are to succeed him
in his property and transmissible rights and obligations. (n)

Look at 2, 3, 4, 5, there is a common denominator. What is institution?


2. When testator is insane or mentally incapacitated at the It is defined in the provision above.
time of the making of the will -To designate the person of the heir
Capacity, familiar nasad ka ana because we have discussed 18 -To name
years of age and sound and disposing mind. -To identify who is the recepient

To institute means to designate the person of the heir.


3. When executed through force or under duress, or the
influence of fear, or threats;
Then what do you remember in 1330 in oblig con?
We list down the causes of vitiated consent
Di man freely given. Therefore, vitiated consent

4. When procured by undue and improper pressure and


influence

5. When procured by fraud

6. When acted by mistake or did not intend to sign a will

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ART 841 ART 842
A will This is about compulsory heirs.
--shall be valid
even though it should not contain an institution of an heir, or Premature pa unya na, ig abot sa legitimes.
such institution should not comprise the entire estate, and
even though ART 843-845
the person so instituted should not accept the inheritance or
should be incapacitated to succeed. This is institution, naming or designating an heir.
How do you designate an heir in a will?
In such cases I will give the name and the surname of the person
the testamentary dispositions made in accordance with law
--shall be complied with and
the remainder of the estate ART 843
--shall pass to the legal heirs. (764) The testator
--shall designate the heir by his name and surname, and
In passing rani siya. when there are two persons having the same names,
First instance: he
Will does not institute an heir. --shall indicate some circumstance
by which the instituted heir may be known.
So a will is valid even if it does not institute an heir.
The primary function of will making is disposition of the Even though the testator may have omitted the name of the heir,
property. should he designate him in such manner that there can be no doubt as to who
has been instituted,
Pero tawagon nag valid but ineffective the institution
--shall be valid. (772)
Second instance:
If it does not dispose of the entire estate. First and foremost, names, surnames
The assets are 10m but disposed only 7m. There is a residue
of 3m But the possibility of having the same name and surname is
The will is valid anyway. high.
You are not under the obligation to distribute all. So you put some circumstances by which he could be
It shall be covered by intestate succession. identified.
It will be mixed succession.
If the names, surnames and circumstances are similar, read
Third instance: ART 843 second paragraph
The person designated is incapacitated to inherit. If you cannot establish who is referred to by the testator.
What are the different ways where a person may be Give extrinsic evidence, papers, and documents other than
disqualified to inherit? the context of the will. But first you look at the context of
1. Incapacitated the will.
a. Unworthiness. You are incapacitated under law. Ay lang nang oral evidence because it’s easy to fabricate.
What happens to the property?
Intestate succession will follow. If you have no extrinsic evidence, none of them shall be an
heir.
Fourth instance: Diba ang proposition is share and share alike? Di musugot.
The person of the heir renounced the inheritance. Reason of the law: you are giving to a person that the
To renounce means to give up or relinquish an existing right. testator did not desire to give.
To inherit, it os not an obligation. It is a right. The right may But are you not also depriving intended by the testator to
be waived unless it is contrary to law, morals, public safety, receive?
public purpose, etc.
ART 843 second paragraph
The will is still valid For as long as it is possible to identify the person intended.
Error in name, surname, circumstances, it does not matter so
In the case of number one or in the case of incapacity. long as you can identify the heir intended.
A will is valid but ineffective.

What will happen to the estate?


Intestate succession

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ART 844 ART 847-849 have ambiguous terms
An error in the name, surname, or circumstances of the heir
--shall not vitiate the institution
when it is possible, in any other manner, ART 847
to know with certainty the person instituted. When the testator institutes some heirs individually and
others collectively
If among persons having the same names and surnames, as when he says, "I designate as my heirs A and B, and the children of C,"
there is a similarity of circumstances those collectively designated
in such a way that, even with the use of the other proof, --shall be considered as individually instituted,
the person instituted cannot be identified, unless it clearly appears that the intention of the testator was otherwise.
--none of them shall be an heir. (773a) (769a)
2.45.34
Of the 2270 articles in the civil code, this is the only one that
ART 844 first paragraph
carries an example on it.
Mahimo raman diay na even if the name, surname or
circumstances are stated, but the heir can be determined
Example.
with certainty, it is still valid
You don’t have spouse, parents or children. You are free to
Just describe him
dispose your properties to whichever wishes you.
For as long as you can determine with certainty who is
The nearest to you is your brother who is two degrees from
aluded to by the testator.
you.
Muni ang kinagrabihan.
In succession, if you have no compulsory heirs like you
“pagumangkon na kusog mukaon og adobo”
children, spouse or parents, the next nearest will be your
siblings.
If you have a sibling who has died but had children, so in lieu
of you brother you designate ‘children of C’. there are five
ART 845
Every disposition in favor of an unknown person children.
--shall be void, Can A and B say that their share will be only from C’s share?
unless by some event or circumstance his identity becomes certain. No. They are deemed individually instituted.
However, They stand in equal footing.
a disposition in favor of a definite class or group of persons The estate shall be divided by 7. (5 children + 2 siblings)
--shall be valid. (750a)

ART 845
Unknown person has a different meaning to the literal
signification. An unknown person is somebody you do not ART 848
know. If the testator should institute his brothers and sisters, and
But within the context of the will, an unknown person may be he has some of full blood and others of half blood,
very close to you. the inheritance
Unknown person is one who cannot be identified from the --shall be distributed equally unless a different intention appears. (770a)
context of the will. Not a stranger.
In which case, consequently that institution is void. Full blood relationship exists between persons of the same
Maybe in the testator’s mind, he is referring to a neighbor father and the same mother.
that is a close friend, but reading from the context of the Half blood relationship exists between persons of the same
will, we cannot infer that that is the person described is the father but of different mother or the same mother or of
neighbor. different father.
Mu unta ni ang gamit se ante mortem probate of will. Ang
testator unta ang muexplain. In a last will and testament, if magtipon gani ang full blood
and half blood, walay palabihon. Sa will ha?
Kay kung intestate or legal baya, naa raba nay significance.
The full blood siblings get twice the share of the half blood
ART 846 siblings. There will even instances when they will receive
Heirs instituted without designation of shares less.
--shall inherit in equal parts. (765)
But in testate succession, they will all receive equal share.
They are in equal footing with each other.
I hereby institute the following A,B,C,D,E. the designation of
shares is silent. What is the solution?
They shall inherit equal parts.

Basta silent, equal.

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SUCCESSION
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ART 849 July 6, 2010
When the testator
calls to the succession a person and his children
they ART 850
--are all deemed to have been instituted simultaneously and not successively. The statement of a false cause for the institution of an heir
--shall be considered as not written,
unless it appears from the will
This is simultaneous, and not successive. that the testator would not have made such institution
Ex. if he had known the falsity of such cause. (767a)
‘Juan de le Cruz and his legitimate children’
Even if the children are designated with their father who is 850 is about institution based in a false cause.
older than them, dili successive ang paaginherit ana. But
simultaneous. Dungan sila. “For having topped the bar examination I hereby institute A
as my heir.”
The enjoyment of the property given is simultaneous. But the truth of the matter is A is only a passer but not a
The father cannot assert that he be the only one to use it. topnotcher.
Father is not given preference. How would you comment? Is that valid?
Unsa may rason? Natural, mahadlok man ang mga bata nimo. Disposition is valid. After all, it was the generosity that
prompted the testator to give. Passing as a board as a
Kadtong ganina na nay ‘children of C’, it is collectively topnotcher that he has heard was merely incidental. What
designated. dictated him to give is the generous impulse of his heart.
Generosity gihapon and cause, lawful cause.

Unless from the tenor, it was apparent that the, testator, had
he known of the falsity of the cause had not given him the
property he owns.
Tenor, “I hereby institute Juan dela Cruz as my heir because
he topped the bar exam”
Therefore would it not for the information that he topped the
bar, juan would not have been instituted.
The primary, proximate cause on the institution is the
information received that Juan topped the bar.
In which case, the institution is void.
Had he known the falsity of the information, he would not
have instituted such person.

ART 851
If the testator has instituted only one heir, and
the institution is limited to an aliquot part of the inheritance,

legal succession
--takes place with respect to the remainder of the estate.

The same rule applies


--if the testator has instituted several heirs,
each being limited to an aliquot part, and
all the parts do not cover the whole inheritance. (n)

First par only one heir is instituted


2nd par 2 heirs or more
Same rule will apply

There’s only 1 heir instituted.


Of the 1m worth of estate, he will receive 600k.
It does not comprise the entire estate.
What about the balance of 400k?
400k is subject to legal or intestate succession.

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SUCCESSION
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A will receive 600k as a voluntary heir. Because it springs If you will add their shares, there is still a residue of 80
from a valid will undistributed. Where will that go?
400k will be given to the intestate heir. (brothers/sisters, Here we emphasize ‘sole heirs’. So the 80 will be added to
nieces/nephews, cousins) the share of A, B, C. Because the testator does not wish
anybody else to inherit.
If you will inherit by virtue of a will, you will be called
voluntary heir. As a devisee and legatee. To what amount are they to receive?
They will based on the ratio they are to receive.
So the rule is that the residue or balance will be distributed to Proportional. Therefore, 2:1:1.
the intestate heirs and will be governed by intestate
succession So we are not distributing the 80k by way of intetastacy. We
are adding it to the heirs instituted.
If 2 or more are designated heirs,
A will receive 600k and B 300K. Total is 900K Why is there a difference?
What about the 100k residue? Because in 852, the instituted heirs are designated as the
The same rule will apply. sole/exclusive heirs. The testator would not permit any
person to share with them.
The part of the estate which is not instituted will be
distributed intestate to the legal heir of T. So noticeably, in 851 the residue is given to the legal heirs but
in 852 the residue is added to the original shares of the sole
So you restate it: heirs in proportion to the institution.
If there is only one heir or several heirs and the instituted
parts taken together will not comprise the entire estate, the
residue or balance will be distributed to the legal heirs. ART 853
If each of the instituted heirs
has been given an aliquot part of the inheritance, and
the parts together exceed the whole inheritance, or
ART 852 the whole free portion, as the case may be,
If it was the intention of the testator each part
that the instituted heirs --shall be reduced proportionally. (n)
should become sole heirs to the whole estate, or
the whole free portion, as the case may be,
and each of them has been instituted to an aliquot part of the inheritance 853 is opposite of 852 because the testator is giving more
and than what they own
their aliquot parts together do not cover the whole inheritance, or the
whole free portion,
each part Situation:
--shall be increased proportionally. (n) Instituted heirs: ABCD
Estate: 120k
852 is different from 851 but they differ only in two words. Institution: A:1/2
Aliquot part means fractional. B:1/4
C:1/4
Situation: D:1/8
T,testator. (this implies a valid will)
Instituted heirs: ABC Heirs Institution Ratio Deduction Distribution
Estate: 240k A 1/2=60k 4 6,666.67 53,333.33
B 1/4=30k 2 3,333.33 26,666.67
Institution: A:1/3
C 1/4=30k 2 3,333.33 26,666,67
B:1/6 D 1/8=15k 1 1,666,67 13,333.33
C:1/6 Total 135k 15k 120k
T made it clear that A,B,C are sole heir (exclusive heirs).
Meaning he will not allow other persons to inherit from his Even if ABC’s shares will use up the whole estate, we still
estate. (To the exclusion of all other persons.) need to give D’s share because we have to give meaning of
the will of the testator. We cannot suppress his intention.
Heirs Institution Ratio Addition Distribution
A 1/3=80k 2 40k 120k Now, if you add D’s share, the estate cannot cover all their
B 1/6=40k 1 20k 60k shares.
C 1/6=40k 1 20k 60k
Total 160k 80k 420k
So what is the solution?
All shares must be proportionately reduced.

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We cannot say that only D’s share will be taken. So preterition is the omission of compulsory hei from
D’s share will also be subject to reduction. receiving inheritance.

You divide the 15k excess by 9 (total of their ratio), then you This point, we have to connect the connecting articles.
distribute their share in deduction. Who are the compulsory heirs?
ART. 887.
So the amount of the distribution will be net of their shares The following are compulsory heirs:
(1) Legitimate children and descendants,
from the proportionate reduction. with respect to their legitimate parents and ascendants;

You must give meaning what has been (2) In default of the foregoing,
legitimate parents and ascendants,
All heirs must proportionately reduce with respect to their legitimate children and descendants;

(3) The widow or widower;


ART 854 (4) Acknowledged natural children, and natural children by legal fiction;
The preterition or omission
of one, some, or all of the compulsory heirs (5) Other illegitimate children referred to in Article 287.
in the direct line,
whether living at the time of the execution of the will or
born after the death of the testator, Compulsory heirs mentioned in Nos. 3, 4, and 5
--shall annul the institution of heir; --are not excluded by those in Nos. 1 and 2;
neither do they exclude one another.
but the devises and legacies
--shall be valid insofar as they are not inofficious. In all cases of illegitimate children,
their filiation
--must be duly proved.
If the omitted compulsory heirs
should die before the testator, The father or mother of illegitimate children of the three classes mentioned,
the institution --shall inherit from them in the manner and to the extent established
--shall be effectual, by this Code. (807a)
without prejudice to the right of representation. (814a)
the compulsory heirs in the order of preference are as
follows:
What does preterition mean? 1. legitimate children and their descendants
It means omission or neglect. Wa na nimo hatagi sa imong 2. legitimate parents and ascendants, in default of the
inheritance. foregoing
3. surviving spouse
In other books, preterition means the omission of a 4. illegitimate
compulsory heir in the direct line in the will of the testator.
Di ni tinuod uy!!! 4 and 5 in the article has been changed. Under the family
code, there are only two kinds of children, legitimate or
Preterition means completely omitted in the inheritance, dili illegitimate.
sa will. But if you are illegitimate, you must prove your filiations in
Because you name can be motioned 100 times in the will but order to avoid fabrication.
you can still be preterited because you are not receiving You have got to be recognized by the testator either
anything from the testator. voluntarily or involuntarily.
Therefore preterited rests not on the will but rather
completely omitted from receiving anything from the will. Illegitimate children are those who are born outside of
wedlock of his parents.
On the other hand, my name never appears in the will but
I’m receiving something, like by way of donation during his There are four compulsory heirs
lifetime. There is no preterition. Donation received was Knowing them, you are entitled to legitime.
advance ligitime.
You ligitime is 4m and you had received 1m by was of Term legitime is limited only to the compulsory heirs.
donation, you just add 3m at the time of death. Legitime is the part of the testator’s property which he
The point is there is no preterition because they are cannot freely dispose of because they are already reserved
receiving something from the estate, even if you are not on by law to compulsory heirs.
the will.
Remember that an illegitimate child is a compulsory heir but
remember that you have to establish filiations first.

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How do you establish affiliation So you know know who are the compulsory heirs. And you
1. record of birth also know how much they will receive.
2. statement of the court of record ½ of the estate. That ½ will be divided by the number of
During a cross examination you have admitted that a children.
child is an illegitimate child. If you have 100k as estate. Half will be the estate to be
3. will divided by five children. So 50k divide by 5 is 10k each.
That is why recognition of an illegitimate child in a
will does not lose its legal effect even if the will where
it has been made is revoked Who is the object of preterition?
4. other authentic document A compulsory heir in direct line.
So from those that we had mentioned from the compulsory
So the compulsory heirs are identified. heirs, those in direct line are children and descendants, and
What is the importance? Because there is a legitime reserved parents and ascendants.
by law. The legitime will come into play once testator dies.
Preterition will only operate to the direct line, the children
How much is the legitime? and descendants and parents and ascendants.
The answer is found in ART 888.
ART 888 Brothers and sisters and spouses are compulsory heirs but
The legitime of legitimate children and descendants not of the direct line. They cannot be object of preterition.
--consists of one-half of the hereditary estate of the father and
of the mother.
Only compulsory heirs are entitled without legitime.
The latter
--may freely dispose of the remaining half,
subject to the rights of illegitimate children and Situtation:
of the surviving spouse as hereinafter provided. Testator executed a valid will,
Compulsory heirs: C1, C2, C3
One half of the hereditary estate. Assets: 120k
That is why a testator is permitted to control a certain Distribution in will: C1-30k
degree. That is being we are ascertaining that the legitime is C2-30k
not impaired. C3-0
F (close friend)-60k
You can never be deprived of you legitime by the testator.
Why? 904 Heirs Institution Ratio Add/(ded) Distribution
ART 904 C1 30k 1 10k 40k
The testator C2 30k 1 10k 40k
--cannot deprive his compulsory heirs of their legitime, C3 0 1 40k 40k
except in cases expressly specified by law. F 60k 0 (60k) 00k
Total 120k 120k
Neither can he impose upon the same any
burden,
encumbrance, So C1,C2, and f are the instituted heirs
condition, or
substitution of any kind whatsoever.
Libre jud not class. Is there preterition?
Legitime is not given to you by the testator but by law. Yes because C3 is a compulsory heir in the direct line. And
That’s why there is something special about you simply he has been deemed completely omitted from his
because you are someone’s child. You have areserved inheritance.
portion.
What is the effect?
“The preterition or omission
That’s why sometimes you cannot give away a single centavo of one, some, or all of the compulsory heirs
from your property. Because they may be booked for the in the direct line,
compulsory heirs. whether living at the time of the execution of the will or
born after the death of the testator,
The legitime is ½ of the estate. --shall annul the institution of heir”

The annulment is by operation of law. No action is to be


filed in the court.

Since that has not effect, what will happen?

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It will throw the whole estate to intestacy. Inofficious means, if it encroaches the legitime.

Now, how much is the legitime of the compulsory heirs?


That is ½ of 120k=60k
Why? How much is the free portion?
Because of preterition it is as if there is no institution, there 60k also.
is no will.
That is why the 60k given to F belongs to him. You cannot
Do not say the will is null and void. That is not what the law touch that because it did not encroach the legitime.
says. The law says – it annuls the institution of the heirs. A free portion will result after all the legitimes are satisfied.
It is as if there is no will
So what will happen?
So we will only annul the institution of the heirs, C1 and C2.
What will be the distribution now? The 60k will be distributed intestate. Only that 60 is left
Each will be entitled to 40k each. because the other 60 had been given out as legacy.
F will have nothing. Because a friend is not an intestate or
legal heir. He was designated as an heir, but that was 60k will be divided by 3.
nullified.

So how much will be distributed?


Another example; C1=20k
Testator executed a valid will, C2=20k
Compulsory heirs: C1, C2, C3 C3=20k
Assets: 120k F =60k
Distribution in will: C1-30k
C2-30k Can the compulsory heirs complain that F gets more?
C3-0 For as long as they are receiving their legitime, they can no
F (close friend)-60k given a legacy longer complain.
or device
The difference between the two examples is that in the first
Heirs Institution Ratio Add/(ded) Distribution one, F was instituted as an heir. In the second one, F was
C1 30k 1 (10k) 20k instituted as a legatee or devisee.
C2 30k 1 (10k) 20k
C3 0 1 20k 20k
F 60k 0 60k If instituted as legatee or devisee, it will be valid insofar as it
Total 120k 120k is not inofficious. So the condition is not to encroach the
legitime.
Is there a preterition here?
Yes 60k if the free disposable portion. The testator is free to give
to anyone with capacity to succeed.
Effect? That’s why F is given the 60k. his designation is a legatee not
It shall annul the institution of the heirs. an heir.

Therefore, let us consider, who are the instituted heirs? While ART 782 says:
An heir
C1 and C2 --is a person called to the succession
either by the provision of a will or
F is not an instituted heir unlike in the last example. He by operation of law.
receives the 60k by way of legacy. Devisees and legatees
--are persons to whom gifts of real and personal property
So therefore, kutob land ta kang C1 and C2 mucancel, are respectively given by virtue of a will. (n)
because the institution of heirs are annulled.
For general purpose, a legatee and devisee are considered
Why? heis.
Because the law says: However in some article like 854, there is a difference
“but the devises and legacies between a legatee and a devisee and an heir.
--shall be valid insofar as they are not inofficious”

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What is the difference? ART 911
If you are instituted as an heir, that is nullified. After the legitime
has been determined in accordance with the three preceding articles,
The result? You are receiving nothing because you are not a the reduction
legal heir. --shall be made as follows:
If you are instituted as a legacy or devisee, the institution (1) Donations
--shall be respected
shall remain valid insofar as they are not inofficious or as long as the legitime can be covered,
insofar as they do not encroach the legitime. reducing or annulling, if necessary,
the devises or legacies made in the will;
Is it not necessary that you place ‘legatee/devisee/heir’? (2) The reduction of the devises or legacies
It depends on the designation and on what capacity you are --shall be pro rata,
giving him. Do not make assumptions. If cannot be guided without any distinction whatever.
from the context of the will on what capacity he is bound, If the testator has directed that a certain devise or legacy
the other heirs will certainly object that it be excluded. They be paid in preference to others,
would rather assert intestacy. They would file for it
--shall not suffer any reduction
annulment. until the latter have been applied
So therefore, person s interested against the will will work in full to the payment of the legitime.
against the institution of F if it is not designated on what
(3) If the devise or legacy
capacity he is to inherit. consists of a usufruct or life annuity,
whose value may be considered greater than
that of the disposable portion,
the compulsory heirs
Supposing what is given to the legacy is more than the free --may choose between complying with the testamentary provision and
portion; delivering to the devisee or legatee
the part of the inheritance
Compulsory heirs: C1, C2, C3 of which the testator could freely dispose.
Assets: 120k
Distribution in will: C1-30k Ok. “After legitime has been determined”, so ang mag una
C2-30k ang legitime jud. Bahalag matotally revoked ang legacy or
C3-0 devise.
F (close friend)-70k given a legacy
or device In our this case, we only reduce 10k from F. So 60k will be
divided by 3 giving each compulsory heir 20k.
Heirs Institution Ratio Add/(ded) Distribution
C1 25k 1 (5k) 20k
C2 25k 1 (5k) 20k I reduce jud na partially or totally.
C3 0 1 20k 20k Kay basin fully booked na.
F 70k 0 (10k) 60k EX:
Total 120k 120k
Assets: 1m
Legacy to F 200k
F here got more than the free portion, meaning he Survivors LEGITIME
encroached the legitime. 1 legitimate: 1/2 500k
The balance here is 50k. If the legitime of the compulsory 1 illegitimate: 1/2 of legitimate 250k
heirs are 20k each, then from 50k, they will receive less. Wife: 1/2 of legitimate child 250

What to do? There is no free portion. In effect, the whole 200k given in
The share of F will also be reduced in a manner that C1 and the will be revoked when you file a petition for revocation.
C2 will not be deprived of their legitime. It can be partially
reduces or totally reduced to satisfy the legitime of the So mag agad ka sa free portion
compulsory heirs.
Free portion means the difference after allthe legitimes has
ART 906 been satisfied.
Any compulsory heir That is why a will is an act whereby a person os permitted to
to whom the testator has left by any title
less than the legitime belonging to him control a certain degree – because legitime has to be
--may demand that the same be fully satisfied. satisfied.
Legacy or device is valid provided it will not impair the
The una jud na hatagan kay naa sa 911: order of payment legitime of the compulsory heir.
Magkadaghan ang anak, magkadako ang free portion.
So far 854,

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SUCCESSION
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If institution as an heir, it shall be annulled. ART 855
Consequence: intestacy. The share of a child or descendant omitted in a will
--must first be taken from the part of the estate
not disposed of by the will, if any;
If institution as legatee, devisee, it shall be valid if it does not
interfere with the legitime. if that is not sufficient,
so much as may be necessary
The free portion will be given to the legatee or devisee and --must be taken proportionally
the legitime will be given to the compulsory heirs. from the shares of the other compulsory heirs. (1080a)
For as long as you are receiving you legitime, you cannot
complain. Is there a part of the estate that’s undisposed?
Yes. 10k. (1st par of 855)
Compulsory heirs: C1, C2, C3
Assets: 120k You cannot say there is preterition because the undisposed
Distribution in will: C1-30k part of the estate will automatically be given to you.
C2-30k
C3-0 So that amount will automatically be given to C3. So he is
F (close friend)-60k instituted as an now receiving part, although we realize that it does not
heir cover his legitime

Heirs Institution Ratio Add/(ded) Distribution What is the remedy of compulsory heir receiving his legitime?
C1 30k 1 (5k) 20k We have said this before…
C2 30k 1 (5k) 20k
C3 0 1 20k 20k
ART 906
Any compulsory heir
F 60k (10k) 60k
to whom the testator has left by any title
Total 120k 120k less than the legitime belonging to him
--may demand that the same be fully satisfied.
Is there preterition?
Yes. He may demand that his legitime be fully satisfied
Consequence? It shall be taken from the other compulsory heirs in
Annulled. proportion

What if given as a legacy or device? For that purpose, we go back to 855 (above)
The free portion is 60. So everything is valid. If the undisposed portion is not sufficient, it will be taken
from the other compulsory heir in proportion to their
shares.
Another example:
Compulsory heirs: C1, C2, C3 So both C1 an C2’s share will be deducted with 5k each. As a
Assets: 120k result, each of them will receive 20k.
Distribution in will: C1-25k F will not be deducted, because F is not a compulsory heir.
C2-25k After all, F’s share did not encroach their legitime at all.
C3-0
F (close friend)-60k instituted as an
Heir
No other disposition was made. *“During his lifetime, received a donation.”
Ex. During the lifetime of T , C1 is receiving 20k by way of
Heirs Institution Ratio Add/(ded) Distribution donation inter vivos.
C1 25k 1 (5k) 20k In this case, the 20k will be regarded as advance legitime. So
C2 25k 1 (5k) 20k when you compute the legitime, 20 will be included.
C3 10k 1 20k 20k
F 60k 60k
Total 110k 120k
*these discussion will apply to ascendants and descandants in
direct line. It does not cover only children. It will cover all in
Is there preterition?
the direct line. REWORDED: the share of the omitted
No. there is a portion that is not designated (10k).
compulsory heir in the direct line.

*There is no preterition when the wife is not included.


Because the wife is not in the direct line.

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SUCCESSION
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You will only ask for you legitime but not be able to annul or Compulsory heirs: IC1, IC2, IC3 (illegitimate children)
invalidate the institution of the third person. Reduction of Assets: 120k
the institution lang. Distribution in will: IC1-X-25k
IC2-Y-25k
*parent or ascendant can inherit only in the absence of IC3-Z-0
children or descendants. The legitimate descendants F (close friend)-90k instituted as an
exclude the ascendants. Heir
No other disposition was made
*it is not at all times that an illegitimate child will receive ½ of
Heirs Institution Ratio Add/(ded) Distribution
the share of the legitimate child.
C1 1 20k 20k
C2 1 20k 20k
C3 1 20k 20k
ART 856 F 90k (30) 60k
A voluntary heir Total 90k 30k 120k
who dies before the testator
--transmits nothing to his heirs.
Illegitimate children, basta testamentary will still get 1/2 or
A compulsory heir
who dies before the testator,
60k
a person incapacitated to succeed, and
one who renounces the inheritance, ART 901
--shall transmit no right to his own heirs When the testator dies leaving illegitimate children and
except in cases expressly provided for in this Code. (766a) no other compulsory heirs,
such illegitimate children
In our example before who among C1, C2, C3 and F is a --shall have a right to one-half of the hereditary estate of the deceased.
voluntary heir?
The other half
F is a voluntary heir. Without the testamentary disposition F --shall be at the free disposal of the testator. (842a)
cannot receive anything.
You gave 90. Therefore it must be partially reduced by 30k
A voluntary heir is a person who receives by virtue of a will. because it has impaired the legitime.

C1, C2, C3 are compulsory heirs. They can receive even *Pero ang illegitimate ang pinaka daogdaog
without a will. The legitime given to them are given to them If the legitime is not enough, they will suffer the reduction.
by law.

If F died first, a voluntary heir (predeceased).


A voluntary heir who dies before the testator transmits SUBSTITUTION
nothing to their heirs. Iyang mga anak di makadawat from T. ART 857
Substitution
But if compulsory heir dies before the testator, they may not --is the appointment of another heir
so that he may enter into the inheritance
receive it but their heirs will represent them. in default of the heir originally instituted. (n)
C1 died in 2010, T died in 2011.
So A and B sons of C1 will represent him. They will receive Substitution is the appointment of another heir to enter into
what their parent would have received. inheritance in default of the heir originally instituted.

So it marks a difference. Instituted heir si A, Substitute si B.


Because when a compulsory her has predeceased the
testator, imong mga anak, makadawat. ART 858
But a voluntary heir transmits nothing if he predeceased the Substitution of heirs may be:
testator. (1) Simple or common;
(2) Brief or compendious;
(3) Reciprocal; or
(4) Fideicommissary. (n)

858 talks about the classification of substitution.

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By the way what are the grounds of substitution? 2. BRIEF OR COMPENDIOUS SUBSTITUTION
It’s in 859 ART 860
ART 859 Two or more persons
The testator --may be substituted for one; and
--may designate one or more persons
to substitute the heir or heirs instituted One person
in case such heir or heirs -- for two or more heirs. (778)
should die before him, or
should not wish, or Is it possible that 1 heir will have 2 substitutes?
should be incapacitated to accept the inheritance.
Yes. We call that brief substitution.
A simple substitution,
without a statement of the cases to which it refers, Ex.
--shall comprise the three mentioned in the preceding paragraph,
unless the testator has otherwise provided. (774) X is the heir originally instituted. In case he predeceased,
incapacity or renunciation, the substitute heirs are as
Nganong mailisan man? What is the basis? follows: A and B.
1. Predeceased – the instituted heir dies before the testator
2. Renounce – alive but does not want to receive Usa ilisag duha.
3. Incapacitated to receive the inheritance – alive but not
allowed to receive by the law Or ang duha ka eredero ilisag usa
Ex.
859 talks about grounds by which substitution will be A and B are the original heirs. But their substitute is S. A will
permissible. have 2/3 and B 1/3.
For number 3, soon in the latter part, we will talk of If A will die, his share will go to S.
incapacity. Gusto unta ka but di ka tugtan sa balaod mu If both A or B will die, both shares will go to S.
succeed. That’s in 1032
3. RECIPROCAL SUNSTITUTION
Ex. ART 861
If heirs instituted in unequal shares
Instrumental witness at the same time you are an heir. should be reciprocally substituted,
the substitute
In incapacity. It is not your will not to inherit but the law’s. --shall acquire the share of the heir who dies,
renounces, or
is incapacitated,
If the testator did not specify the grounds, then it comprises unless it clearly appears
the three. that the intention of the testator was otherwise.
But if they specify the cause, then you observe that. If there are more than one substitute,
they
Ex. --shall have the same share in the substitution as in the institution. (779a)
S is the substitute in case the heir originally instituted should
die before the testator. Or better still, the instituted heirs are substitutes of each
other.
In this example, it singled out the cause of substitution. We call this reciprocal substitution.
Therefore, if he renounces, then person originally instituted Sila ray magpinulihay.
can still receive it.
Why? Only one cause is given by the testator – predeceased. Ex.
So if di predeceased ang hinungdan, pirmi ka makadawat. Reciprocal the heirs are substitute of each other.
Mura manag condition. Assets: 90k
A: 2/3= 60k
If the cause is silent, then it covers all three. B: 1/3= 30k
If A becomes incapacitated, his 2/3 will be given to B
Let’s go back to the classification in 858 If B becomes incapacitated, his 1/3 will be given to A
1. SIMPLE/COMMON SUBSTITUTION Reciprocal.
Ex.
Testator designated X as heir
In case X will predecease S will substitute X.

This is the standard substitution.

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Ex. This should appear in the will: that the first heir is obliged to
The testator instituted the following as reciprocal subtitues: preserve and transmit.
Assets 100k Fideicommissary substitution must be express.
A: ½= 50k So if he says transmit after 10 years, then you follow that. If
B: 1/4= 25k it’s silent as to when to transmit, then transmit when the
C: 1/4= 25k first heir dies.

Heirs Institution Ratio Add/(ded) Distribution If you say ‘it is advisable to preserve and transmit’, this is not
A 1/2 50k 2 16,666 66,666
B 1/4 25k 1 (25k) 00
allowed. Kinahanglan in form of obligation.
C 1/4 25k 1 8,333 33,333
Total 100k 100k So when T dies in 2000, the property will go to H. succession
will take place.
If B died, his ¼ will go to A and C, his substitutes. So how do you describe H? Is he an owner?
Remember H cannot dispose the property to somebody else
How do you divide? because he is obliged to preserve and transmit either upon
You maintain the institution. Divide proportionately. his death or specified time.
A will receive 16,666 and C will receive 8,333
Hardly will he be called an owner. An owner has a right to
So you follow what is intended by the testator. You presume dispose. You are tied with the testamentary disposition.
that because the shares are unequal, you maintain those
shares. Pero makapahimos ka.

If silent as to the shares, you divide equally. Is it usufructuary?


This is when 846 will come in handy. Dili sad. Class, succession is a mode of acquiring ownership
ART 846 baya.
Heirs instituted without designation of shares
--shall inherit in equal parts. (765)
So how do we call him?
Ang-ang man ang tanan.
4. FIDEICOMMISSARY
Labing duol ra gyud kay usufructuary. Use and fruits.
Lt’s give you a general idea.
But then again he is the naked owner.
Ex.
T (fideicommitente)
Upon the arrival of the period, or upon death, the H or his
H (1st heir) ( fiduciary)
heirs will transfer the property to S consistent to the will of
S (2nd heir) (fideicommissary)
the testator.
In case of ‘PRI’, S will substitute the 1st heir.
Therefore, ownership is now consolidated in S.

When did S acquire the right to succeed?


Requisites:
Upon T’s death.
1. There must be a first heir called for primarily enjoyment of
property (H)
From whom did S inherit? T or H?
2. He (H) is charged to preserve and transmit the aforesaid
T
property to the second heir (S)
3. There must be a second heir (S)
So at the time T died, H and S succeeded at the same time.
4. The first heir and second heir must be 1 degree apart.
st nd However the enjoyment of the property is successive.
5. Both 1 and 2 heir must be living (or at least conceived)
If S died ahead of H, where will the property go?
at the time of death of testator.
It will go to heirs of S.
What determines personality?
In art 40, birth determines personality.
ART 866
Therefore, without birth, they do not have The second heir
personality. You cannot an object of legal relation. --shall acquire a right to the succession
But why is conceived child allowed? from the time of the testator's death,
even though he should die before the fiduciary.
Because in a limited sense, a conceived child is
considered born for purposes favorable to it, such as The right of the second heir
succession. --shall pass to his heirs. (784)
Remember that S acquired the property the moment T died.
Only that the enjoyment was delayed.

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SUCCESSION
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--transmits nothing to his heirs.
Ang importatnte buhi ka sa pagkamatay ni T.
July 7, 2010 Walay ikapasa si S and H. wa man sila kadawat.
We resume from the last discussion:
Year died Child So where will the inheritance go?
T (fideicommitente) +2000 The legal heirs of T. Intestate succession will follow.
st
H (1 heir) ( fiduciary) +2004 D
nd
S (2 heir) (fideicommissary) +2002 X Wa gani sila ang principal na tao, unsa pa kaha ang
sumusunod lang.
The last article we touched was 866.
Just remember the requisites.
The death of testator, that means the first and second heir The fifth requisite is that both first and second heir must be
already acquired simultaneously their right to property. living at the time of death.

S predeceased H, survived by X
2 years after H died, survived by daughter D
D is claiming it. Reason, that her father was the owner when Situation:
he died. Year died Child
X is also claiming it. Reason, that he will represent his father T (fideicommitente) +2004
in claiming. H (1st heir) ( fiduciary) D
So there are two claimants, X and D S (2nd heir) (fideicommissary) +2000 X

Who has better right? 2nd heir predeceased the fideicommitente.


X has better right against D
Reason: What happens to the institution of the first heir, is that
S has acquired his right in year 2000. adversely affected?
The only difference is the first heir can use the property first No. it is simply that there is no more substitute.
followed by the substitute.
Therefore, to use is successive, but to inherit is ART 868
The nullity of the fideicommissary substitution
simultaneous. --does not prejudice the validity of the institution of the heirs first
designated;
X can represent his father. Why?
the fideicommissary clause
The right was already transferred to him at the time of S’s --shall simply be considered as not written. (786)
death.
866 par 2: The right of the second heir shall pass to his heirs It will not affect the validity. It is as if there is no substitute.
even if he should die before the fiduciary.

Situation: Situation:
Year died Child Year died Child
T (fideicommitente) +2005 T (fideicommitente) +2007
st st
H (1 heir) ( fiduciary) +2002 D H (1 heir) ( fiduciary) +2009 D
nd nd
S (2 heir) (fideicommissary) +2004 X S (2 heir) (fideicommissary) +2002 X

2005 is crucial because that marks the transmission. 2nd heir predeceased 1st heir.
Who between D and X will inherit? Did they acquire any
rights? What is the effect of S’s death? Will 868 apply?
To answer that, first determine, did their fathers acquire any It is as if there is no more substitute. Just simply remove
rights? him.
Both H and S predeceased T.
Both are voluntary heirs because their rights are derived One of the requirements is that both must be living at the
from the execution of a will. time of institution.
Remember 856: Therefore, there is no substitute.
ART 856 Ownership is consolidated to H. He is now the owner jud.
A voluntary heir
who dies before the testator

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Another reason is that a voluntary heir who dies before the This is not strictly succession in concepy. This is only
testator transmits nothing to his heirs. incidental to succession.
Class, kanag property mahimong pagbut an sa testator.
Therefore H is the heir, and the owner of the property.
Way substitute, owner jud si H. ‘This property cannot be alienated in for 15 years.’
The effect is that it merely eliminates the substitute. Are you bound to follow that?
Yes.

What is placed there is that it is void if more than 20 years.


Situation: If the restriction is 20 or less, that means it is allowed.
Year died Child
T (fideicommitente) +2004 What is nullified by law is more than 20.
H (1st heir) ( fiduciary) +2000 D EX. ‘you cannot alienate the property within 30 years’
S (2nd heir) (fideicommissary) X What is the effect?
The first 20 years shall be recognized valid.
1st heir predeceased the fideicommitente. Kay ang void, more than 20 years.

What is the effect? So what then is the period you may be restrained from
Remember that substitution takes effect if heir disposing it?
predeceased, revoked or became incapacitated. 20 or less.
In this case, H predeceased T.
So S acquired it as a substitute of H. But that restriction applies only to the free portion.
It does not apply to the legitime.
ART 869 Why not?
A provision Because in legitime, the testator can never impose any
whereby the testator leaves
to a person the whole or part of the inheritance, and burden, encumbrance, condition, or substitution
to another the usufruct, whatsoever.
--shall be valid.

If he gives the usufruct to various persons, So that applies only to free portion. Not to legitime
not simultaneously, Kung giingnan kag ayaw, unya free portion imo nadawat,
but successively, then you follow.
--the provisions of Article 863 shall apply. (787a)

869 is a matter of information. Exactly 20, that is not covered by the prohibition.
You can be the usufruct of the property of another. And you
can likewise give the naked ownership to another person.
ART 871
The institution of an heir
Usufructuary is a person who enjoys the property belonging --may be made conditionally, or
to another. for a certain purpose or cause. (790a)
The naked owner is the owner of the property being used.
871 is a new topic. There is a conditional institution.
Why ‘naked’ owner?
In property, the most important right is the right to use. Naghatag kag hassle sa imong gitagaan.
You are the owner but you are denied the use of your Generosity na tinihik.
property.

So what you will do… cge, property nato is 1 hectare.


Usufruct imo, 10 years. Pwede man.
Sa usufructuary, kutob raka sa enjoyment sa property.
It is a matter of information.
ART 870
The dispositions of the testator
declaring all or part of the estate inalienable
for more than twenty years
--are void. (n)

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ART 872 ART 874
The testator An absolute condition
--cannot impose any charge, condition, or substitution whatsoever not to contract a first or subsequent marriage
upon the legitimes prescribed in this Code. --shall be considered as not written
unless such condition has been imposed on the widow or widower
Should he do so, by the deceased spouse, or
the same by the latter's ascendants or
--shall be considered as not imposed. (813a) descendants.

Nevertheless,
Testator cannot impose burden on the legitime. the right of usufruct, or an allowance or some personal prestation
OW it is considered not written --may be devised or bequeathed
Why? to any person
for the time during which he or she should remain
Because it is given not by him but by the law. unmarried or in widowhood. (793a)

Art 904 second sentence, is more expressive on the matter. Absolute prohibition to contract marriage. Totally ban
ART 904 marriage.
The testator
--cannot deprive his compulsory heirs of their legitime,
except in cases expressly specified by law. It is not valid because it entails the freedom of the person to
choose his status. It is contrary to public policy.
Neither can he impose upon the same any
burden,
encumbrance, What is the effect?
condition, or It is considered as not written.
substitution of any kind whatsoever.

This applies to the legitime. But this applies only when the condition is absolute.

The only instance where you can lose your legitime is when But if the condition is only relative, like
you are validly disinherited for a cause that is proved. “not marry in 1 year”
“not marry in Cebu City”
Art 872 is a duplication of 904. This is valid.

What are the requisites to allow the prohibition against


Art 873 marriage? Or when is it considered written?
Impossible conditions and 1. imposed on surviving spouse
those contrary to law or good customs 2. imposed by deceased spouse
--shall be considered as not imposed and
--shall in no manner prejudice the heir, deceased spouse’s ascendants
even if the testator should otherwise provide. deceased spouse’s descendants
*condition is relative
Considered as not written or not imposed ang impossible *condition is on free portion
condition

Do you remember this article in obligcon- impossible


conditions or those contrary to law, morals, public policy or
public order shall annul the condition or obligation. The
obligation dependent on the condition shall be nullified by Exam is until ART 856.
operation of law. In such condition there is no obligation. Exclude substitution.
Good luck to us all.
In 783 it is considered as not written. Therefore, the
institution is valid.

What happens to the institution?


Institution is Valid but considered not written

What is the difference then, in 1183, it nullifies the entire


obligation. But in succession, the institution is valid. It is not
nullified but considered unwritten.

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July 14, 2010 It’s not understood that they can impose restrictions on the
Absolute prohibition to contract first marriage is void. properties of the deceased spouse. Because they cannot
Why? pass judgment with respect to the property of another
It is contrary to public policy and it limits the right of the person.
person to choose.
Pero relative prohibition gani, that is valid.
Absolute prohibition to contract a second marriage is still Ex. Not to marry in Cebu City.
void. Not to marery this year.

To contract a second marriage is generally void Unya if absolute prohibition to contact second marriage, wa
The only difference is it allows exceptions. jud nay prohibition. Absolutely void.

What are the exceptions? The restriction should be within a reasonable time.
1. If ever imposed by a diseased spouse. 75 years cannot be considered as relative prohibition. That is
-he executed a will giving the free portion to the surviving too burdensome. It is amounting to absolute prohibition.
spouse provided she will not contract a second marriage Or even when you say not to marry within the whole Asia,
that is considered absolute
2. If the prohibition is imposed by the ascendant of the
deceased spouse.
-with respect to the properties they own and give them to ART 875
surviving spouse Any disposition made upon the condition
that the heir shall make some provision in his will in favor
of the testator or
2. If the prohibition is imposed by the descendant of the of any other person
deceased spouse. --shall be void. (794a)

Example 1. This is mutual will.


H is extremely industrious. He died. This is void.
But then there is will giving the free portion to W worth 10m,
provided she will not contract a second marriage. ‘Tagaan taka, but in return you make a testamentary will in
That is valid condition. my favor or somebody else.’

Example 2. As a result, the testamentary disposition becomes


Assumed by the parents of H contractual. That is void. This is what we call disposition
F and M gave to W a lot, subject to the condition that she will capcatoria?
not contract second marriage.
That is valid again. I think that is no longer a product of generosity because you
are imposing a burden. Ay higtig lanot ang imong
Either imposed by the spouse and the ascendants of the ipanghatag.
deceased spouse.
By ascendant, we will not limit to parents. There are only 9 articles regarding condition.
Or the descendants of the deceased spouse.

Example 3.
Supposing they own a property and they would like to their
widowed mother, they can impose a condition not to
contract a second marriage out of their property given to
their mother by virtue of a will.

So there are only three instances allowed regarding


exemption to absolute prohibition to contract second
marriage.
That presupposes that there was a prior will.

The restriction is with respect to the property they own.

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ART 877 ART 878
If the condition is casual or mixed, A disposition with a suspensive term
it --does not prevent the instituted heir
--shall be sufficient if it happens or from acquiring his rights and
be fulfilled at any time before or after the death of the testator, transmitting them to his heirs even before the arrival of the term.
unless he has provided otherwise.

Should it have existed or should it have been fulfilled at the time the will was ART 879
executed and the testator was unaware thereof, it If the potestative condition
--shall be deemed as complied with. imposed upon the heir is negative, or
consists in not doing or not giving something,
If he had knowledge thereof, he
the condition --shall comply by giving a security
--shall be considered fulfilled that he will not do or give that which has been prohibited by the testator,
only when it is of such a nature and
that it can no longer exist or be complied with again. (796) that in case of contravention
he will return whatever he may have received,
together with its fruits and interests. (800a)
Actually class, kaning mga topic sa condition, you have
encountered that in oblicon. 878 is for a term
As a matter of proof, in 884 – in matters not provided for in And atong gidiscuss ganina is condition which is conditional.
this code, the deficiency will be provided for by the We will then discuss term or period and modal institution
provisions of conditional obligations. 879 is a negative potestative condition.
So therefore if you have knowledge in the conditional
obligation, this is not difficult. You only change debtor- What is a potestaive condition?
creditor to testator-heir. When the fulfillment of the condition debents on the sole
will of the heir.
Have you heard about casual condition?
If the fulfillment of the will depends upon third person. Go direct to the example of negative potestative condition.
I’ll institute an heir if you will stop smoking.
Mixed gani, partly the will of the party, partly the will of third The fulfillment depends solely on the heir, legatee or devise.
person, or partly by chance or fortune. The control is on you.

So therefore we make an institution of that nature. Negative potestative.


Example: The nature is, you can immediately inherit at the time the
If candidate will as the president of the Philippines. testator has died. Kay mura mag resolutory ang nature ana.
Kanang winning of presindency, what are the factors?
Factor ba ana ang heir? So it takes effect at once, then it terminates or ceased the
You are talking about the whole electorate. moment you smoke.
So therefore the condition is casual. The moment you will smoke, you will violate the condition,
So you wait. Magagad lang kung siyay swertehon your right as an heir seizes.
That’s why it is negative potestive condition
Mixed gani, like passing the board exam,
This is partly the will of the heir (your studying), partly the Potestative kay ikay magbuot..
will of third person (the examiner), and partly by chance Negative kay gidil-an man ka; not to do a particular act.
(luck). Gibasa nimo tibuok libro, pero ang question kay unsay
pangalan sa author sa imong gibasa.
Conditional gani, determine:
Then you are to comply the condition as soon as you learn 1. Capacitated to inherit at time of death
the condition of the testator. 2. Capacitated to inherit at time condition is fulfilled

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ART 880 Be it known lang that before the fulfillment of the condition
If the heir be instituted under a suspensive condition or term, which is suspensive in nature, properties will be subject to
the estate
--shall be placed under administration the administrator.
until the condition is fulfilled, or Why?
until it becomes certain that it cannot be fulfilled, or We will not know when the condition will be fulfilled.
until the arrival of the term.
If you take the bar now, it’s not sure if you will pass.
The same
--shall be done Condition is uncertain. Once you are certain, it becomes an
if the heir does not give the security required in the preceding article.
institution with a term.
If you will pass the bar exam, that is suspensive. That means
that you are instituted as an heir subject to the condition
RETURN OF PREMID EXAM RESULTS.
that you will pass the bar exam.
Before the fulfillment, during the INTERVENING PERIOD (the
space of time covered from the death of the testator to the
death of actual fulfillment), you cannot demand the
inheritance

During the intervening period, who will take charge of the


property?
ART 880 will guide you.
So administrator. By the time the condition is fulfilled, the
administrator is under obligation to deliver to the heirs.

885 (2nd sentence)


The designation of the day or time
when the effects of the institution of an heir
shall commence or cease
--shall be valid.

In both cases,
the legal heir
--shall be considered as called to the succession
until the arrival of the period or its expiration.

But in the first case


he
--shall not enter into possession of the property
until after having given sufficient security,
with the intervention of the instituted heir. (805)

Who is charged in 885 during the intervening period?


In 885, the legal heirs are being mentioned as those in
possession of the property during the intervening period
prior to the arrival of the term or fulfillment of the
condition.

So which is which? The administrator or the legal heir in 885?


If conditional, before fulfillment, it will be with the
administrator.
If subject to a term, before arrival, it will be with the legal
heirs.

IOW 880 shall control if the condition has not yet been
fulfilled by the person instituted as an heir.
But when we go to term, other person will be the caretaker
– legal heirs.

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July 20, 2010 You return the property you received with the fruits and
interest.
There are two more provisions for conditions
ART 879 Therefore if you want it to be yours, ayawa panabvako sa isa
If the potestative condition ka tuig. Mura mana ang condition
imposed upon the heir is negative, or
consists in not doing or not giving something,
he If suspensive, you will be instituted as an heir if you will
--shall comply by giving a security smoke. But that is frowned upon.
that he will not do or give that which has been prohibited by the testator,
and
that in case of contravention
he will return whatever he may have received,
together with its fruits and interests. (800a)
On the other hand, if suspensive – if you become a lawyer in
2012. Suspensive in nature.
NEGATIVE POTESTATIVE CONDITION.
What is the result?
You recall potestative in obligcon in ART1182.
By the time testator has died, you are not yet entitled
because you have not yet fulfilled the condition.
When you say potestative condition, the fulfillment of the
condition is dependent upon the heir, legatee of devisee.
In suspensive condition, the fulfillment of the condition shall
give rise to the right of the heir.
Ex. Testator instituted H subject to the condition that he will
not travel to any part of the country within this year.
Who will take care of the property pending the fulfillment?
Who will decide if he will travel or not?
Since you have to wait until 2012, you apply 880.
Only the heir.
Art 880.
Why is it negative? If the heir be instituted under a suspensive condition or term,
Because you are prohibited from doing something. In this the estate
case, from travelling. --shall be placed under administration
until the condition is fulfilled, or
until it becomes certain that it cannot be fulfilled, or
So when it is negative potestative condition, there is until the arrival of the term.
something prohibited and the fulfillment or non fulfillment
The same
rests upon the heir instituted. --shall be done
if the heir does not give the security required in the preceding article.
Another examples:
If you will not smoke, Ay sa apila ang term. Suspensive condition lang sa kay lahi
If you will not run for office. raba nag term.
The estate is placed under administration until the fulfillment
What will you do? of the condition. Dinha lang sa momentarily.
Before the testator shall have died, you can immediately
receive the property instituted to you because it is ART 880 applies only to conditional institution of an heir,
resolutory in nature. which is suspensive in character.
Pending fulfillment, the property upon the death of the
Resolutory condition takes effect at once but terminates testator shall be placed under administration.
upon the fulfillment of the condition. By the time it is already fulfilled, it will be turned over to the
heir.
Therefore, let’s say that the testator died today, that
conditional heir can immediately get the property. Lahi sa resolutory because in resolutory condition, it will be
effective immediately.
ART 1179 2nd sentence NCC
Every obligation which contains a resolutory condition What happens if the testator did not die by 2012? What
--shall also be demandable,
without prejudice to the effects of the happening of the event. happens to the institution?
You right accrues upon the death of the testator.
But the moment you will smoke, there is a violation of the Because succession opens at the time of the death of the
condition. testator.
Your right to the property is now extinguished.

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Pariah ragud sa term, You will inherit but 5 years later, the right is extinguished.
There are three articles for the term. The point is, there is indeed an institution subject to a term.

Gitugit ba ang institution of a term or period? Just like the first discussion on term;
Yes. Instituted to heir subject to the term. The commencement is
upon death of the testator until ten years there after.
st
ART 885 (1 sentence) During the intervening period, who will take possession?
The designation of the day or time Upon the death of the testator, the instituted heir will take
when the effects of the institution of an heir
shall commence or cease possession of the property.
--shall be valid. But upon the arrival of the term, that extinguishes is right.
In both cases,
the legal heir Baliha suspensive, instituted as an heir subject to a term, 10
--shall be considered as called to the succession years after the death. Who will take possession of the
until the arrival of the period or its expiration. property?
But in the first case The legal heir.
he We corrected 880, because it says that it will be under
--shall not enter into possession of the property administration.
until after having given sufficient security,
with the intervention of the instituted heir. (805) Then we said that 885 2nd par will control.

‘The effect of the institution shall commence or cease’ And accordingly, what is stated in 885
In both cases,
Examples: the legal heir
Shall commence five years after the death. --shall be considered as called to the succession
If the testator died in 2010, allow 5 years to pass. until the arrival of the period or its expiration.
Therefore 2015 paka makapanunod.
So it’s the legal heir, not the administrator.
Or cease …
And when the day comes, he shall turn over it to the
H is instituted until 2013.
instituted heir.
Therefore, at death, you will inherit.
By 2013, it is extinguished because it is subject to a term.
Why is this emphasized?
Because in 880, it is placed under administration.
Term can be suspensive or resolutory.
In effect it is in conflict with 885 - Legal heir of the testator
Suspensive term means you will wait for the arrival of a date
will inherit upon death.
or event certain to happen.
Apply 880 if conditional.
Death? Is that certain to happen?
Apply 885 if term or period.
Yes.
Why would I say that?
What is day certain?
Because 880 embraces term and condition, and that it shall
ART 1193 (3rd paragraph) NCC
A day certain be subject to administration.
--is understood to be that which must necessarily come,
- although it may not be known when. So let’s go back to our example.
The heir instituted subject to a term of ten years, when is he
So death of a neighbor is a term or period. Because the going to inherit from the testator? Is it upon the arrival of
neighbor will certainly die. the period? Or is it upon the death of the testator that
confers him the right?
But if you say upon the death of Maria by reason of cancer, is
that condition or term?
Condition because the cause is specified. Death will come, ART 878
but not necessarily through cancer. A disposition with a suspensive term
--does not prevent the instituted heir
from acquiring his rights and
The institution of a will may be subject to a term. transmitting them to his heirs even before the arrival of the term.
Upon death or 3 years after the death
Or it can be resolutory; effective unpon death until five years
thereafter.

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That’s very clear; even before the arrival of the period. They will now take possession. He inherit at 2010, at the
That does not prohibit the heir instituted from acquiring his time the possession died. But the enjoyment will come
right. 2020, had he been living. But in our premise, the instituted
heir died before 2020. So it is now the heir who will acquire
So if I am an heir subject to the term, I will acquire my right his right because that right is transmissible.
upon the death of the testator and not upon the arrival of
the term. Mao rani sa Fideicommissary na ang death of the testator is
the marking point of the acquisition of the right of the first
Only that my right to enjoy is suspended momentarily. and the second heir.

Why?
Because the ten year period has not yet arrived. ART 882
But then my right accrues attaches upon the death of the The statement of the object of the institution, or
the application of the property left by the testator, or
testator. the charge imposed by him,
--shall not be considered as a condition
He died 2010. So Juan already acquired then. unless it appears that such was his intention.

That which has been left in this manner


If and when, upon the arrival of the period contemplated, --may be claimed at once
Juan already died, what is the result? provided that the instituted heir or his heirs give security
for compliance with the wishes of the testator and
Then the heirs of Juan will acquire his right. for the return of anything he or they may receive,
Because that right was already his upon the death of the together with its fruits and interests,
testator. if he or they should disregard this obligation. (797a)

Do not say the heir instituted subject to a term acquired the Institution can be conditional, subject to a term or modal.
right upon the arrival of the period. Modal institution. Do not confuse this with condition.
It is the enjoyment of the property or possession.
But the right accrues at the death of the testator. Let us say J instituted a statement as an object of institution –
I hereby instituted as heir, 100k, so that you can sue the
Can the heir instituted subject to a term to apply a portion of money for your education.
the property upon his death?
Not yet. Statement of the object of institution.
The reason: you are not yet in possession.
So you can inherit but use that money for the purpose
One of the requirements is possession in property titling. intended by the testator.
But only the documents, you have to file it.
But the evidence of possession is also important. Or…
Application of the property left by the testator.
885 applies when there is a term or period, even if 880 also J instituted a parcel of land then he is to construct a barangay
made mention of term. chapel within the premises. Part of it shall be utilized for the
Why? Because the latter provision in statutory contruction construction.
prevails. IOW there is an obligation on your part to comply with the
desires of the testator. There is an obligation imposed and
Pero ang ako gilecture in 878, the right of the heir instituted not a mere condition.
with the term ripened at the time of the death of the
testator. Or…
200k but half of that amount shall be given to a charitable
It is passed to the heirs if the heir died before the arrival of institution.
the term, because the right was already existing as early as There is a corresponding burden on which you are bound to
2010. It was superseded by his death. He will now transfer comply.
the right to his heirs.
Something is required/ burden to be performed.
Had Juan survived by 2010, where will the property go?
To the legal heirs of Juan. Reason: because they acquire the If you will not comply, you are duty bound to return what you
rights of their predeceased father. received together with the fruits. So if it is money, return
with interest.

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SUCCESSION
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*If instead of a term, subject to a resolutory condition
In condition, it may be fulfilled or not. The enjoyment the shall be terminated upon the graduation
Your right pending fulfillment is suspended also. of his eldest son on 2014.
If he died before 2012.
But in modal, it obligates but does not suspend. You are There is no direct provision in conditional institution.
required to comply. But is submit it will not go to the heirs of J.
Unlike in the case of a term where there is a definitive
We have a sanction in Art 882 last paragraph.: period given, here it is conditional. It will not pass to the
That which has been left in this manner heir.
--may be claimed at once
provided that the instituted heir or his heirs give security
for compliance with the wishes of the testator and Condition may or may not happen. Term is certain to come.
for the return of anything he or they may receive, Therefore, in condition, the enjoyment is co- terminus. In
together with its fruits and interests,
if he or they should disregard this obligation. case of term, definitive ang enjoyment.

So the sanction if you will not comply is that you have to The conditional instituted heir, his right cannot pass.
return what you have received with interest.
Modal obliges but does not suspend. Condition suspends but
does not oblige.
Maimo pero buhaton nimo. Sa condition, tumanon sa una ART 886 LEGITIME
Legitime
makapaningil. --is that part of the testator's property
And modal, mapaningil na nimo, tumana na ang gihatag na which he cannot dispose of
burden. because the law has reserved it for certain heirs who are, therefore,
called compulsory heirs. (806)

In case magduda ka you shall treat it as a modal, because it


As we have intimated earlier, this is part or portion of the
immediately entitles you.
estate of the testator which he cannot dispose by will
because it has already been reserved for compulsory heirs.
ART 883
When without the fault of the heir, So system of legitime is a limitation of disposal of property.
an institution referred to in the preceding article One of the attributes of ownership is right to dispose.
cannot take effect in the exact manner stated by the testator,
it
--shall be complied with There are three important systems in the distribution of the
in a manner most analogous to and property if the estate/hereditary property.
in conformity with his wishes. 1. absolute freedom of disposition
If the person interested in the condition You can dispose your property to any person or non
should prevent its fulfillment, person as you please. You are only required to
without the fault of the heir, preserve just enough for the minor children if any. The
the condition
--shall be deemed to have been complied with. (798a) rest you are at liberty.
What country adopted this? US, Canada, England,
Mexico, Panama, Argentina, Costa Rica.
*the government will attest if condition is not fulfilled and no 2. system of total reservation
heirs are available Exemplified by soviet civil code.
*1010 cousin of fifth degree relation ship diha kutob ang You are not allowed to dispose your properties. Only
heirs the specified heirs are given. The only instance where
you can dispose. You have to work for the good of the
*Pat’s question: state.
2010 death of testator 3. system of partial reservation
Instituted within 10 years with resolutory term. This is where we fall.
So J is to enjoy until 2020. There’s a portion given by the law called legitime.
J died 2015, before the arrival of the period. There’s a portion called free part or free portion. There
Who is in possession of the property? are times that there are no free portion.
X Z Heirs of J to enjoy the property
Then after exhaustion of the ten years, it is now the
obligation of the testator to return the property.

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Why is there legitime? ART 887
What is the purpose of legitime? The following are compulsory heirs:
(1) Legitimate children and descendants,
Weakness of testator. with respect to their legitimate parents and ascendants;
Thoughtlessness of testator.
Unjustified anger of the testator. (2) In default of the foregoing,
legitimate parents and ascendants,
That is the rationale behind preterition. with respect to their legitimate children and descendants;

Apart from that, these are the different systems worldwide. (3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;


There are three kinds of heirs also.
1. testamentary or voluntary heirs (5) Other illegitimate children referred to in Article 287.
These are the heirs who derive/ inherit be virtue of a
will. It presupposes the existence of a valid will. Would Compulsory heirs mentioned in Nos. 3, 4, and 5
it not for a will where they are instituted, they would --are not excluded by those in Nos. 1 and 2;
neither do they exclude one another.
never inherit. This exists only in testamentary
succession. In all cases of illegitimate children,
their filiation
--must be duly proved.
2. legal or intestate heirs
Those who will inherit in absence of the will. The father or mother of illegitimate children of the three classes mentioned,
--shall inherit from them in the manner and to the extent established
Succession is by virtue of law.
by this Code. (807a)

3. Compulsory or forced heirs Who are the compulsory heirs?


They are those who succeed whether the testator 1. Legitimate children and descendants
likes it or not. They are reserved by law an aliquot part 2. Legitimate parents and ascendants (in default of 1)
of the inheritance; whether or not there is a will. 3. Surviving spouse
Succession is by operation of law 4. Illegitimate cgildren
Compulsory heirs are subclassified into 3:
1. primary compulsory heirs The children under the family code, there are only 2 kinds of
2. secondary compulsory heirs children
3. concurring compulsory heirs ART 164 legitimate children
ART165 illegitimate children
Why do you call them primary heir?
Because they will take precedence.
They will even exclude other heirs. ART 888
The legitime of legitimate children and descendants
If there are children, surviving spouse, and parents. --consists of one-half of the hereditary estate of the father and
of the mother.
Succession pertains in the first place in the direct
descending. The latter
It will take precedence over other compulsory heirs. --may freely dispose of the remaining half,
subject to the rights of illegitimate children and
Parents cannot receive. of the surviving spouse as hereinafter provided.

Similarly, if you die without legitimate children SITUTATION:


So they are secondary. T
|
Secondary compulsory heirs will inherit only in the absence of C
the primary compulsory heirs. Estate: 120k
So if there are no children, the parents can now inherit. Legitime: 60k
Free portion: 60k
Concurring compulsory heir will not exclude each other. It consists of ½ of the estate
So the wife and children do not exclude each other.
To concur means to go together. Compulsory heir cannot be deprived of legitime nor can it be
subject to encumbrance.

What happens to the other 60k?

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That is the free portion subject top disposition. Those conceived on the time the parents have no legal
impediment to marry each other.
What will happen if there is disposition that will encroach the They can be legitimated if parents get married.
legitime?
Art 907-reduced or revoked (total or partial) to satisfy the
legitime.
SITUATION:
What if there is a legally adopted child A What is the basis where you can say that legitimated children
F can succeed?
| ART 177FC
T Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any
/\ impediment to marry each other may be legitimated. (269a)
A C
ART 179FC
Is an adopted child entitled to a legitime? Legitimated children shall enjoy the same rights as legitimate children. (272a)
Yes.

In your family code


ART189FC SITUATION:
Adoption shall have the following effects: If 2 legitimate children
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of
the adopters and both shall acquire the reciprocal rights and obligations Estate: 120k
arising from the relationship of parent and child, including the right of the C1: 30k
adopted to use the surname of the adopters; C2: 30k
(2) The parental authority of the parents by nature over the adopted shall
terminate and be vested in the adopters, except that if the adopter is the Total: 60k
spouse of the parent by nature of the adopted, parental authority over the
adopted shall be exercised jointly by both spouses; and SITUATION:
(3) The adopted shall remain an intestate heir of his parents and other blood
relatives. (39(1)a, (3)a, PD 603) If 3 children or more
Estate: 120k
Adoptor and adopted acquires the reciprocal rights of the C1: 20k
relationship between parent and child. C2: 20k
By fiction of law, the adopted child is treated as a legitimate. C3: 20k
So what is afforded to a legitimate child is afforded to an Total: 60k
adopted child. Legitimate children will have ½ of the estate to be divided by
them equally.
Ayaw jud na ang concept na equal footing na sila. Sa tanan compulsory, mura na ang ½ basta testamentary
For purposes of suceession, the juridical tie is created
between the adoptor and the adopted. Not between SITUATION: REPRESENTATION BY DIRECT DESCENDING
adopted and legitimate children or parents. C, the only legitimate child predeceased testator. C has 2
Ka unfair if di nimo apo mudawat. Dapat apo ra jud mu children K and L
dawat. Estate:120k
T
So therefore, included in the term (succession wise) of |
legitimate child is the legally adopted child. C
/\
Because if T predeceased the father K L
Will A receive from the estate of F? |
No. There is no juridical tie between them. W
That is why do not say there in equal footing with legitimate A. If C predeceased T
children. K=30k
They are only in equal footing with legitimate child with L=30k
respect to the properties of adoptive parents. They inherit by representation. Had C survived, he would
have received 60.
Who else? 60 will be divided by K and L.
Natural children. The process s called representation.
K and L are called representatives.

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B. If C and K predeceased T The estate will not be divided equally. Because they are not
W=30k of the same line. They are not related by blood.
L=30k
RULE: There is representation in direct descending line E. if F ,M ,Al, Ab predeceased
RULE: There is no representation of direct ascending Gm=30k
Gf=30k
ART 889 Isa naman lang ka line.
The legitime of legitimate parents or ascendants
--consists of one-half of the hereditary estates
of their children and descendants. F. if F, M, Al, Ab, Gf predeceased
Gf=60k
The children or descendants
--may freely dispose of the other half,
subject to the rights of illegitimate children and Will Ws not get any share?
of the surviving spouse as hereinafter provided. No, because there is no representation in the ascending line.
PRINCIPLE: the nearer relative excludes the further one.
ART 889 talks about Parent OR ascendant. They are not Your grandfather is 2 degrees away from you.
concurring compulsory heirs. (not AND) Your great grandfather is 3 degrees away from you.

SITUATION: REPRESENTATION BY DIRECT ASCENDING But this principle will not apply in descendants because it
Ws allows representation.
\
AlAbGfGm If there is no compulsory heirs? Where will it go?
\/ \/ Brothers and sisters
F M Nephews and nieces
\/ Cousins
T State – based on Regalian doctrine – state is the owner of
A. if testator died the property within its territory.
F=30k
M=30k 888 sa anak and descendants – can be represented
Free portion =60k 889 sa parents and ascendants – no representation
Parents will get ½ of the estate, which will be divided by them
both. ART 888
The legitime of legitimate children and descendants
--consists of one-half of the hereditary estate of the father and
B. if F predeceased of the mother.
If F died first, where will the 30k of F go?
If one of the parents will die, the whole shall pass to the The latter
--may freely dispose of the remaining half,
survivor subject to the rights of illegitimate children and
M=60k of the surviving spouse as hereinafter provided.
Even if F still had mother and father.
There is no representation of the ascending line. ART 889
The legitime of legitimate parents or ascendants
--consists of one-half of the hereditary estates
C. if F and M predeceased of their children and descendants.
What if M also died, survived by grandparents of paternal and
maternal line – legitime will be divided equally between The children or descendants
--may freely dispose of the other half,
both lines. subject to the rights of illegitimate children and
Al=15k of the surviving spouse as hereinafter provided.
Ab=15k
Gf=15k
Gm=15k

D. if F, M, Al predeceased
Ab=30k
Gm=15k
Gf=15k
The share of Al will go to Ab.

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RULE: representation is allowed in direct descending line. SITUATION: LC AND SS
T__W
SITUATION: |
T C
| C= 60k ½
C W= 30k ¼
/\ FP= 30k
X Y If only one legitimate child or descendant of the deceased survives,
the widow or widower
/\ --shall be entitled to one-fourth of the hereditary estate.
S W
A. if C and Y predeceased
X=30 SITUATION: LD’s & SS
S=15 T__W
W=15 / \
You cannot say you give all to X C1 C2
If X can represent his deceased father, so can W and S. C1= 30k ½ /2
Y, had he been alive, he would have received the same C2= 30k ½ /2
amount received by X. The share shall be divided by the W= 30k SS=1LC
number of representatives. FP= 30k
Should there be two or more children, the share of the
The point is, representation in direct descending is unlimited. surviving spouse will be equal to the legitimate children
If there are two or more legitimate children or descendants,
If illegitimate ang apo, nay problem… pero unya na na. layo the surviving spouse
--shall be entitled to a portion equal to the legitime
pa na. of each of the legitimate children or descendants.

Why is there no representation on ascending line? SITUATION: LD’s & SS


The rule is absolute. T_______W
Because normally, they have already died. / | \
C1 C2 C3
REMEMBER: C1= 20k ½ /3
Children AND descendant – there is right of representation. C2= 20k ½ /3
Parents OR descendant – there is no chance that they will C3= 20k ½ /3
inherit at the same time for lack of representation. W= 20k SS=1LC
FP= 40k
Art 891 Surviving spouse is treated as a legitimate child if there are
Omit. Di pa mo ready. more than 1 children

ART 892 COMBINING OF TWO COMPULSORY HEIRS So if you only have 1 child; flat rate ¼
If only one legitimate child or descendant of the deceased survives,
the widow or widower
If you have two or more; same as a share of 1 LC.
--shall be entitled to one-fourth of the hereditary estate. And the more children you have, the less your share will be.
And the more children you have, the bigger the free portion
In case of a legal separation,
the surviving spouse there will be.
--may inherit if it was the deceased who had given cause for the same.
SITUATION:LD’s & SS
If there are two or more legitimate children or descendants,
the surviving spouse T_______W
--shall be entitled to a portion equal to the legitime / | | \
of each of the legitimate children or descendants. C1 C2 C3 C4
In both cases, C1= 15k ½ /4
the legitime of the surviving spouse C2= 15k ½ /4
--shall be taken from the portion that can be freely disposed of C3= 15k ½ /4
by the testator. (834a)
C4= 15k ½ /4
W= 15k SS=1LC
Combining of 2 concurring compulsory heirs
FP= 45k

The more the children, the higher the free portion

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SUCCESSION
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Where will the free portion go? B. if C1, C2, C3 predeceased
Apply ART 841 A and B will not inherit by representation but by their own
right.
ART 841 A= 30k ½ /2
A will B= 30k ½ /2
--shall be valid
even though it should not contain an institution of an heir, or W= 20k SS=LC
such institution should not comprise the entire estate, and FP= 40K
even though
the person so instituted should not accept the inheritance or
should be incapacitated to succeed. Had C1, C2, and C3 been living, they would have received
total of 60k.
In such cases A and B will not inherit by representation but will inherit in
the testamentary dispositions made in accordance with law
--shall be complied with and their own right. Wala man silay representahan.
the remainder of the estate Representation is permitted only if you concur with an aunt
--shall pass to the legal heirs. (764) or an uncle. Nya nanagmatay naman silang tanan.
W’s share is still 20 because that is how much each LC should
If it is not designated to anyone, there will be mixed receive. A and B are not her children.
succession.
Intestate succession will follow. ART 893 PARENTS/ASCENDANTS AND SURVIVING SPOUSE
You follow the rules of intestacy. If the testator leaves no legitimate descendants,
And in testate succession, they will all receive equal share. but leaves legitimate ascendants,
the surviving spouse
So, 45 divided by 5 equals to 9. --shall have a right to one-fourth of the hereditary estate.
So add 9 to all.
This fourth
--shall be taken from the free portion of the estate. (836a)
So you can say that C1 inherits 15k as a compulsory heir and
9k as intestate heir.
SITUATION: SS & P’s
F M
\/
SITUATION:LC’s & SS; LC PREDECEASE
T_____W
T_______W
/ | \
A. if F and M survive
C1 C2 C3
F= 30k ½ /2
/\
M= 30k ½ /2
A B
W= 30k ¼
FP= 30K
A. if C1 predeceased
A= 10k ½ /3/2
B. if F predecease
B= 10k ½ /3/2
M= 60k ½
C1= 20k ½ /3
W= 30k ¼
C2= 20k ½ /3
FP= 30k
W= 20k SS=1LC
FC= 40K
nd
ART 892 2 PAR
Even if all children died, W will only get what each legitimate In case of a legal separation,
child ought to receive. the surviving spouse
The representative will never receive higher than the amount --may inherit if it was the deceased who had given cause for the same.
the amount to be received on person receiving.
A and B represent C1 who is to get 20. Remember, the guilty spouse in case of annulment are
barred, testate of intestate from succeeding from the
innocent spouse.
But is the surviving spouse may inherit.

Moreover, testate or intestate succession to guilty spouse is


revoked by operation of law.

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SUCCESSION
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July 21, 2010 SITUATION:IC’s & P/A
X & Y are an illegitimate children
ART 892 F M
1ST PAR- 1LC & SS \/
ND
2 PAR-LC’s & SS T
RD
3 PAR- FREE PORTION /\
X Y
ART 893 – SS & P/A F= 30k ½ /2
M= 30k ½ /2
ART 893 X= 15k ¼ /2
If the testator leaves no legitimate descendants, Y= 15k ¼ /2
but leaves legitimate ascendants,
the surviving spouse FP= 30k
--shall have a right to one-fourth of the hereditary estate. Meaning to say, the IC share is fixed on ¼. They will divide the
1.4 by themselves. Not that they will each receive ¼.
This fourth
--shall be taken from the free portion of the estate. (836a)
If there are three IC’s, each will receive 10k.
SITUATION: SS & P/A
F M
\/ ART 894 ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE
If the testator leaves illegitimate children,
T_____W the surviving spouse
F= 30k ½ /2 --shall be entitled to one-third of the hereditary estate of the deceased and
M= 30k ½ /2 the illegitimate children
-- to another third.
W= 30k ¼
FP= 30K The remaining third
--shall be at the free disposal of the testator. (n)
Free portion is the free hereditary estate after the legitime
SITUATION:IC’s & SS
had been satisfied.
X and Y are illegitimate children
The share of the surviving spouse is taken from the free
T_____W
portion
/\
X Y
ART 896 ILLEGITIMATE CHILDREN AND LEGITIMATE PARENTS
Illegitimate children X= 20k 1/3 /2
who may survive with legitimate parents or ascendants of the deceased Y= 20k 1/3 /2
--shall be entitled to one-fourth of the hereditary estate W= 40k 1/3
to be taken from the portion at the free disposal of the testator. (841a)
FP= 40k

SITUATION: IC & P/A X and Y will divide among themselves the 1/3.
X is an illegitimate child Wife’s share is fixed at 1/3
F M
\/
T There are different combinations:
/ -LC and P/A =P/A are disqualified
X -LC and SS =concurrent
F= 30k ½ /2
M= 30k ½ /2 Legitimate parents are already disqualified by the presence of
X= 30k ¼ legitimate children.
FP= 30k

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SUCCESSION
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ART 895 SITUATION: IC & P/A
The legitime of each of the acknowledged natural children and F M
each of the natural children by legal fiction
--shall consist of one-half of the legitime of each of \ /
the legitimate children or descendants. T
/
The legitime of an illegitimate child
who is neither an acknowledged natural, X
nor a natural child by legal fiction, X is illegitimate
--shall be equal in every case to four-fifths of the legitime X= 30
of an acknowledged natural child.
FM= 60
The legitime of the illegitimate children
--shall be taken from the portion of the estate ART 897
at the free disposal of the testator, When the widow or widower
provided that in no case survives with legitimate children or descendants, and
shall the total legitime of such illegitimate children acknowledged natural children, or
exceed that free portion, and
natural children by legal fiction,
that the legitime of the surviving spouse
such surviving spouse
must first be fully satisfied. (840a)
--shall be entitled to a portion equal
to the legitime of each of the legitimate children
First par – now we only have legitimate and illegitimate as which must be taken from that part of the estate
which the testator can freely dispose of. (n)
changed by the family code.
The share of the illegitimate is half the share of the
ART 898
legitimate. If the widow or widower
Second par – just the same. Inactive nasad survives with legitimate children or descendants, and
Third par – is still active. Restriction mana sa illegitimate. with illegitimate children other than acknowledged natural, or
natural children by legal fiction,
These are requirements for the illegitimate to succeed. the share of the surviving spouse
1. you have to be recognized --shall be the same as that provided in the preceding article. (n)
Judicial recognition. File an action to establish your
illegitimate filiations Art 897 and 898 – there is no need for you to classify that.
2. In no case the total share of the illegitimate children How do you classify?
exceed the free portion – last par Natural filiations may be legitimate or illegitimate. Ans
3. preference on surviving spouse’s legitime legitimate sa 164, children conceived or born during the
marriage.
SITUATION: LC’S SHARE NOT EXCEED FREE PORTION And illegitimate sa 165, children conceived or born outside
XYZ are illegitimate valid marriage.
C is legitimate
In 897
T_______W SITUATION: LC’s, IC, SS
/ | | \ X is illegitimate child
X Y Z C T________W
W= 30k ¼ (only 1 LC) / | \
C= 60k ½ C1 C2 X
X= 10k C1= 30k ½ /2
Y= 10k C2= 30k ½ /2
Z= 10k W= 30k SS=1LC
X= 15k IC= ½ LC
C will get the legitime of ½ of estate FP= 15k
W will get ¼ because there is only 1 LC
FP from C and W’s shares total 30.
XYZ are supposed to get share of ½ of 1LC each = 15k each,
totaling 45k; exceeding the 30k FP.
But since the FP is only 30k , then they will divide 30k equally.
FP is the remainder of the estate after the legitime are
satisfied. In this case, the 30k is not really free because the
are 3 IC’s left.
In no case shall the share of IC exceed the free portion.
In effect, the shares of IC will suffer a reduction.
The shares of LC and SS shall be first fully satisfied.

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SUCCESSION
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SITUATION: LC’s, IC’s, SS SITUATION:LC, IC’s, SS
X & Y are illegitimate children T______W
T________W / | | \
/ | | \ X Y Z C1
C1 C2 X Y C1= 60k ½
C1= 30k ½ /2 W= 30k ¼
C2= 30k ½ /2 X= 10k 30/3
W= 30k SS=1LC Y= 10k 30/3
X= 15k IC= ½ LC Z= 10k 30/3
Y= 15k IC= ½ LC
XYZ can no longer get the share of 30k each (1/2 of 1LC)
No more free portion. because the FP will not accommodate.
Would it not that X and Y will receive 7.5k each?
No. Since there is asset available for distribution then the
IC’s can get their share. ART 899
When the widow or widower
Survives with legitimate parents or ascendants and
The time where the IC will have less share is if the shares of IC with illegitimate children,
is more than FP. Ang agdon ra kay and FP their total legitime such surviving spouse
shall in no case exceed the free portion. --shall be entitled to one-eighth of the hereditary estate of the deceased
which must be taken from the free portion, and

SITUATION: LC’s, IC’s, SS the illegitimate children


X Y Z are illegitimate --shall be entitled to one-fourth of the estate
which shall be taken also from the disposable portion.
T______W
/ / / | | \ The testator
X Y Z C1 C2 C3 --may freely dispose of the remaining one-eighth of the estate. (n)
C1= 20k ½ /3
C2= 20k ½ /3 SITUATION: IC, P/A, W
C3= 20k ½ /3 X is an illegitimate child
W= 20k SS=1LC F
X= 10k 30/3 |
Y= 10k 30/3 T______W
Z= 10k 30/3 /
The illegitimate share cannot get the ½ of 1LC share because X
the FP cannot accommodate. F= 60 ½
X= 30 ¼
SITUATION: LC’s, IC, SS W= 15 1/8
X is illegitimate FP= 15 1/8
T______W
/ | | \
X C1 C2 C3
C1= 20k ½ /3
C2= 20k ½ /3
C3= 20k ½ /3
W= 20k SS= 1LC
X= 10k IC=½ LC
FP= 30k

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SUCCESSION
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ART 900 SURVIVING SPOUSE July 27, 2010
If the only survivor is the widow or widower,
she or he
--shall be entitled to one-half of the hereditary estate of the deceased spouse, 901-illegitimate children ½
and 890-legitimate parents or ascendants ½
900-survivind spouse GR ½ , 1/3 to ½
the testator
--may freely dispose of the other half. (837a)

If the marriage between the surviving spouse and the testator ART 901 ILLEGITIMATE CHILDREN ONLY
was solemnized in articulo mortis, and When the testator dies leaving illegitimate children and no other compulsory
the testator died within three months from the time of the marriage, heirs,
the legitime of the surviving spouse as the sole heir such illegitimate children
--shall be one-third of the hereditary estate, --shall have a right to one-half of the hereditary estate of the deceased.
except when they have been living as husband and wife
for more than five years. The other half
--shall be at the free disposal of the testator. (842a)
In the latter case,
the legitime of the surviving spouse SITUATION: IC, REPRESENTED BY IC
--shall be that specified in the preceding paragraph. (n)
X is an illegitimate child
SITUATION: SS Y is illegitimate child of X
T_________W
W= 60k ½ A. if T died
FP= 60K ½ T
/
SITUATION: SS AT ARTICULO MORTIS X
In articulo mortis, one of the contracting party is at the point /\
of death and he died within three months from the date of Y C
marriage, the SS share will be reduced drastically to 1/3. X=60
But if you have been living together 5 years before the
celebration, you restore again the 1/2. But as usual, you are to prove your filiations
The other half is your free portion
Should there be two or more illegitimates, then ½ will be net
hereditary or more to be divided by the number of
illegitimates. Then 30 a piece if there are two.

ART 902
The rights of illegitimate children set forth in the preceding articles
--are transmitted upon their death to their descendants,
whether legitimate or illegitimate. (843a)

902 is a continuation of 901.


However, there is a slight modification.

B. if X predeceased T.
T died at 2001.
X died at 2000.
At the time of X’s death, he is survived by one legitimate C
and one illegitimate Y. remember that X is an illegitimate
child.
In our previous discussions, we had talk about
representation.
Is C allowed to represent?
Yes.
So also the illegitimate.

If the person is an illegitimate, his descendant can represent


him, whether legitimate or illegitimate.

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SUCCESSION
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ART 902- transmitted to his descendants, whether legitimate Basis:
or illegitimate. ART 992
They are called representative. An illegitimate child
--has no right to inherit ab intestato
from the legitimate children and relatives
Whose estate is subject to inheritance? of his father or mother;
The estate of T
nor shall such children or relatives
So the legitime of 60 will now be subject to representation. --inherit in the same manner from the illegitimate child. (943a)

How much will Y and C receive? A straight line can be represented by another straight line but
Ratio a broken line can be represented by another broken line or
C= 40k 2 straight line.
Y= 20k 1 IC=1/2 of LC
Broken line is 902
You maintain the ratio, even if you apply the representation. Straight line is on 992
The 60 is originally intended to be received by X. but since he
died before the testator. Then children will represent, Why do we have to discriminate the legitimates?
notwithstanding their legitimacy. To discourage further illegitimacy.
The only problem is – how much they will receive. 20.44
Between two children whose parents r=predeceases, you will
If the person to be represented is an illegitimate child, then notice that privilege is given more to an illegitimate.
the descendant of the former can represent him regardless
whether he is a legitimate or illegitimate. ART 903
The legitime of the parents who have an illegitimate child,
when such child leaves neither legitimate descendants,
nor a surviving spouse,
nor illegitimate children,
SITUATION: REPRESENTATION BY AN ILLEGITIMATE CHILD --is one-half of the hereditary estate of such illegitimate child.
X is an illegitimate child
If only legitimate or illegitimate children are left,
Y is illegitimate child of X the parents
W is illegitimate child of B --are not entitled to any legitime whatsoever.
T
If only the widow or widower survives with parents of the illegitimate child,
/ \ the legitime of the parents
X B --is one-fourth of the hereditary estate of the child, and
/\ /\
that of the surviving spouse
Y C WF --also one-fourth of the estate. (n)

A. if T died For the first time, the testator is an illegitimate person.


B= 60k ½ On first par, we are talking about the illegitimate parents.
X= 30k IC=1/2 of LC
SITUATION: ILLEGITIMATE PARENTS
B. if B and X predeceased!!! T is illegitimate because he was born outside of wedlock.
W= 0 - IC of LC F M
F= 60 ½ - LC of LC \/
Y= 10 (1/2 of LC)/ 1/3 - IC of IC T
C= 20 (1/2 of LC)/ 2/3 - LC of IC F= 30k ½ /2
M= 30k ½ /2
Illegitimate child of an illegitimate child is more advantageous You have to prove your paternity (ang mama din a madeny).
because he can represent.
If the person to be represented is an illegitimate, then the If only one parent survives, he gets the whole ½.
descendant of that person whether legitimate or illegitimate Same rule as the LC.
can represent him.
If the person to be represented is a legitimate, only legitimate
child/ren of that person can represent him.

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SUCCESSION
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SITUATION:ILLEGITIMATE ASCENDANTS SITUATION: LEGITIMATE CHILD OF AN ILLEGITIMATE CHILD
If F and M predecease. X is an illegitimate child
Al Ab Gf Gm F M
\/ \/ \ /
F M T
\ / /
T X

If F and M died, grandparents cannot inherit. FM= 60 ½


Not like of LG. X= 30 ¼
Legitimate grandparents cannot inherit. It does not exist in If the testator is a legitimate, his illegitimate child will not
law/recognized in law. exclude the legitimate parents
Para di ka malibog tangtanga ang nasa ibabaw. If the testator is an illegitimate, his legitimate child will
exclude the legitimate parents.
LC- covers legitimate parents and ascendants.
IC- covers only legitimate parents. SITUATION: 2 COMPULSORY HEIRS SURVIVING IC
T is illegitimate child
F M
SITUATION: \ /
T is an illegitimate child. T______W
X is an illegitimate child.
F M FM= 30k ¼
\ / W= 30k ¼
T FP= 60K
/
X If only the widow or widower survives with parents of the illegitimate child,
the legitime of the parents
--is one-fourth of the hereditary estate of the child, and
X= 60k ½
F= 0k Dako kayo ang FP.
M= 0k
If only legitimate or illegitimate children are left, ART 904
the parents The testator
--are not entitled to any legitime whatsoever. --cannot deprive his compulsory heirs of their legitime,
except in cases expressly specified by law.
What a difference now. Of T was illegitimate, the children will
be concurred by the legitimate parents. ( ½ p, ¼ ic) Neither can he impose upon the same any
But if the child is illegitimates, illegitimate parents are burden,
encumbrance,
excluded by an illegitimate child. condition, or
substitution of any kind whatsoever. (813a)
RULE: an illegitimate child of the testator who is also a
legitimate can exclude the parents of the testator. 904 is an article protecting the legitime of the compulsory
RULE: a legitimate child of an illegitimate testator will be a heirs.
concurring heir of the surviving parents of the testator. Rule: testator cannot deprive legitime of compulsory heirs
Except: in case of disinheritance
There are now two differences:
1. The legitimate parents are the only compulsory heirs in the Rule:
upper line. No more legitimate ascendants. Cannot dispose legitime
2. In case the testator is illegitimate, his own illegitimate child Cannot impose condition, etc. on the legitime
excludes legitimate parents.
You can impose condition on the free portion; never the
legitime.

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SUCCESSION
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ART 905 ART 907
Every renunciation or compromise Testamentary dispositions
as regards a future legitime between the person owing it and his compulsory that impair or diminish the legitime of the compulsory heirs
heirs --shall be reduced on petition of the same,
--is void, insofar as they may be inofficious or excessive. (817)

and the latter


--may claim the same upon the death of the former; Annulled. Revoked.
but they must bring to collation whatever they may have received You are permitted to reduce or annul partially or totally the
by virtue of the renunciation or compromise. (816) legacy or device given to satisfy the legitime of the
compulsory heir.
Legitime is given by law not by the testator. This is the reason
why he cannot impose conditions on the legitime. ART 908
To determine the legitime,
Why? the value of the property left at the death of the testator
--shall be considered, deducting all debts and charges,
He is not the source of the right. It is the law that gives that which shall not include those imposed in the will.
right to the compulsory heir.
To the net value of the hereditary estate,
--shall be added the value of all donations by the testator
The person who is the source of the right carries with it that are subject to collation,
restriction also. at the time he made them. (818a)

1st par:
It is void: every compromise involving legitime Art 908 gives us a formula to determine legitime.
Reason: 1347 of contracts You martial all the properties of the testator. You consolidate
Art. 1347. all. Get the evaluation.
No contract may be entered into upon future inheritance except in cases
expressly authorized by law. Ex. it will illicit this amount:

Future pa gud. Gross estate 1m


All you have is mere expectancy. Inchoate right. - Debts and charges 300k
Compromise is a contract. =Net hereditary estate 700k
+Donation inter vivos (if any) 100k
What is a compromise agreement? =Net distributable estate 800k
Compromise agreement – Parties obtain reciprocal
concession to avoid litigation or set aside if there is already If there is donation inter vivos, you add because that is
one, or put an end to one already coming. advance legitime.
From the net distributable estate, you get the legitime. If
Kanus a man maimo? there is residue, then you can dispose that in the will.
Art 777 – moment of the death.
ART 777 ART 911 ORDER OF DEISTRIBUTION OF NET HEREDITARY
The rights to the succession ESTATE
--are transmitted --from the moment of the death of the decedent. After the legitime
has been determined in accordance with the three preceding articles,
the reduction
--shall be made as follows:
ART 906 (1) Donations
Any compulsory heir --shall be respected
to whom the testator has left by any title as long as the legitime can be covered,
less than the legitime belonging to him reducing or annulling, if necessary,
--may demand that the same be fully satisfied. (815) the devises or legacies made in the will;

(2) The reduction of the devises or legacies


If nakadawat ka pero kulang man. --shall be pro rata,
We will demand that the same be fully satisfied. without any distinction whatever.

If the testator has directed that a certain devise or legacy


If the legitime is 100k and you are only given 50k, what will be paid in preference to others,
you do? it
Apply 907 --shall not suffer any reduction
until the latter have been applied
in full to the payment of the legitime.

(3) If the devise or legacy


consists of a usufruct or life annuity,
whose value may be considered greater than

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SUCCESSION
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that of the disposable portion, ART 915 DISINHERITANCE
the compulsory heirs A compulsory heir
--may choose between complying with the testamentary provision and --may, in consequence of disinheritance,
delivering to the devisee or legatee be deprived of his legitime,
the part of the inheritance for causes expressly stated by law. (848a)
of which the testator could freely dispose.
How do you distribute net distributable estate?
What is reserved to you by law may be withheld because you
ART 911 is already in order of priority:
are disinherited
1. Legitime
You are denied participation
2. Donation inter vivos
3. Preferred legacy
Pero way kuyaw satungod sa 915.
-legacy declared by the testator as preferred
The result of disinheritance is that the compulsory heir is
-ex. legacy for education/ support
deprived of his legitime. You are denied any participation in
4. all other pro- rata
the estate of the testator.
915 gives the definition.
Remember you cannot deprive the legitime of the
compulsory heir unless disinherited.
ART 916 FORM OF DISINHERITANCE
Estate tax is found in the charges. Disinheritance
--can be effected only through a will
wherein the legal cause therefor shall be specified. (849)

ART 910 How do we disinherit? Is there formality? Can it be verbal?


Donations which an illegitimate child Answer is in art 916.
may have received during the lifetime of his father or mother, 1. There should be a valid and unrevoked will.
--shall be charged to his legitime.
Because if it is revoked, it is no longer effective.
Should they exceed the portion that can be freely disposed of, Therefore, you need a will to disinherit.
they 2. Identify the compulsory heir to be disinherited.
--shall be reduced in the manner prescribed by this Code. (847a)
Walay presumption ang inheritance.
That is strictly interpreted. Because that is in
derogation of the natural right to inherit.
Donations made to the compulsory heirs shall be charged to
That’s why it’s liberally interpreted in favor of heirs.
the legitime.
Donation to strangers shall be charged to free portion.
ART 917
The burden of proving the truth of the cause for disinheritance
If there is donation inter vivos and the legitime is not --shall rest upon the other heirs of the testator,
satisfied, collate that. Meaning add all collatable donations if the disinherited heir should deny it. (850)
together. To collate means to put together.
Why? What are the cause? Who shall prove?
In order to maintain equality among compulsory heirs.
Requisites for disinheitance:
Ex. The gift in your wedding. 1. It must be made in a will, identifying the heir sought to be
disinherited
2. Substance is proved and be proved if denied by a forcive
Art. 913. heir
If the heirs or devisees -not a product of fabrication
do not choose to avail themselves of the right granted by the preceding -if not denied, no need to prove.
article,
any heir or devisee who did not have such right -what are the things you need not prove in court?
--may exercise it; First, facts that are admitted.
3. Therefore the cause must be specified by law/Legal.
should the latter not make use of it,
the property -prove the grounds of disinheritance
--shall be sold at public auction Child or descendant 919
at the instance of any one of the interested parties. (822) Parents or ascendants 920
Surviving Spouse 921
Art. 914. 4. Cause must be existing
The testator
--may devise and bequeath the free portion as he may deem fit. (n) -Existing ang cause. Meaning it already happen.
Ex. I will disinherit if he will refuse to give support in
my last days. – this cannot be.
It must be existing. It must already occur
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SUCCESSION
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5. Legal/lawful ART 920
Exiting The following
shall be sufficient causes for the disinheritance
Proved of parents or ascendants, whether legitimate or illegitimate:
Be proved if denied by a forcive heir
If di mudeny, you don’t need to prove (1) When the parents
--have abandoned their children or
COMMON GROUNDS induced their daughters to live a corrupt or immoral life, or
ART 919 attempted against their virtue;
The following
shall be sufficient causes for the disinheritance (2) When the parent or ascendant
of children and descendants, legitimate as well as illegitimate: --has been convicted of an attempt against the life of
the testator,
(1) When a child or descendant his or her spouse,
--has been found guilty of an attempt against the life of the testator, descendants, or
his or her spouse, ascendants;
descendants, or
ascendants; (3) When the parent or ascendant
--has accused the testator of a crime
(2) When a child or descendant for which the law prescribes imprisonment for six years or more,
--has accused the testator of a crime if the accusation has been found to be false;
for which the law prescribes imprisonment for six years or more,
if the accusation has been found groundless; (4) When the parent or ascendant
--has been convicted of adultery or concubinage
(3) When a child or descendant with the spouse of the testator;
--has been convicted of adultery or concubinage
with the spouse of the testator; (5) When the parent or ascendant by fraud,
violence,
(4) When a child or descendant by fraud, intimidation, or
violence, undue influence
intimidation, or --causes the testator to make a will or to change one already made;
undue influence
--causes the testator to make a will or to change one already made; (6) The loss of parental authority for causes specified in this Code;

(5) A refusal without justifiable cause (7) The refusal to support


to support the parent or ascendant the children or descendants
who disinherits such child or descendant; without justifiable cause;

(6) Maltreatment of the testator by word or deed, (8) An attempt by one of the parents
by the child or descendant; against the life of the other,
unless there has been a reconciliation between them. (756, 854, 674a
(7) When a child or descendant leads a dishonorable or disgraceful life;
ART 921
(8) Conviction of a crime
which carries with it the penalty of civil interdiction. (756, 853, 674a)
The following shall be sufficient causes for disinheriting a
spouse:

(1) When the spouse


--has been convicted of an attempt against the life of
the testator,
his or her descendants, or
ascendants;

(2) When the spouse


--has accused the testator of a crime
for which the law prescribes imprisonment of six years or more, and
the accusation has been found to be false;

(3) When the spouse by fraud,


violence,
intimidation, or
undue influence
--cause the testator to make a will or to change one already made;

(4) When the spouse


--has given cause for legal separation;

(5) When the spouse


--has given grounds for the loss of parental authority;

(6) Unjustifiable refusal to support the children or


the other spouse. (756, 855, 674a)

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SUCCESSION
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What are the common grounds of disinheritance? ART 923
1.GUILTY OF ATTEMPT OF LIFE OF TESTATOR AND FAMILY The children and descendants of the person disinherited
--shall take his or her place and
-covers spouse, ascendants and descendants --shall preserve the rights of compulsory heirs with respect to the legitime;
-In ‘attempt’, all the stages of the commission are included.
-‘guilty’, there should be a conviction. but the disinherited parent
--shall not have the usufruct or administration of the property which
constitutes the legitime. (857)
2.ACCUSED TESTATOR OF CRIME W/C LAW PRSCRIBES
IMPRISONMENT OF 6 YRS OR MORE, AND FOUND Assuming wala mareconcile?
GROUNDLESS Himumdumi na tanan buhat sa ginikanan kay para sa anak.
-To impute a crime against the testator which crime carries a Ang imong concern ang imong anak.
penalty of imprisonment of 6 years or more
-‘Accuse’ – to impute a crime Representation is allowed.
-Need to have a declaration by court that the imputation is Representation is allowed in case of
malicious, groundless. 1. Predeceased,
If not able to prove, that is not malicious. 2. Incapacity,
-Remember, not only an imputation of a crime, even if you 3. Disinheritance
TESTIFY CONFIRMING existence of the crime allegedly
committed by the testator. Mere appearance in the court If you are disinherited, what you cannot receive by
against him would be sufficient. disinheritance, but your children will inherit through
representation.
3. CONVICTED OR ADULTERY OR CONCUBINAGE WITH
SPOUSE OF TESTATOR. (for ascendants and descendants) So sige, ayaw ko hatgi, muabot man gihapon na sa akong
-There should be conviction anak.
-Not in spouse but in children and descendants.
-INFIDELITY (for spouses) The cause of representation is disinheritance.
In legal separation, there is carnal conversation with
another bisag kausa ra. In what cases can a living person be represented?
1. Disinheritance
4. TESTATOR MAKES OR CHANGES WILL CAUSED BY FRAUD, 2. Incapacity
VIOLENCE, INTIMIDATION, UNDUE INFLUENCE
-Common denominator is vitiated consent In renunciation, that is absolute. You cannot represent.
-Any cause of vitiated consent leading to the execution of Representation will be discussed further once we reach 970-
the will. Either forcing him to make one or you caused him 977
to revoke.
-Kay ngano man? Og di gani ka maigo sa disinherit, ngadto BOOK: REPRESENTATION IN TERMS OF LEGITIME
ka sa unworthiness effected by law. What is the object of representation?
Only the legitime and no other.
5. REFUSAL TO GIVE SUPPORT WITHOUT JUSTIABLE CAUSE
-Refusal to give support Ang free portion?
A voluntary heir cannot be represented. A voluntary heir
who dies before the testator transmits nothing to his heirs.

ART 922 So again, the remedy of disinheritance is reconciliation.


A subsequent reconciliation In case you fail, representation is permitted.
between the offender and the offended person
--deprives the latter of the right to disinherit, and
So ang makadawat kay imong mga anak og imong mga
renders ineffectual any disinheritance that may have been made. (856) kaliwat. Because representation in direct descending line is
unlimited. So it goes down to your great grand children.
If ever you admitted.
Simple reconciliation para ang grounds shall be erased. A voluntary heir who dies before the testator, or is
incapacitated or will renounce will transmit nothing to his
‘disinheritance that may have been made’ will be rendered heir.
ineffectual. Kana ra jud compulsory heir with respect to his legitime.

Same with legal separation; spouses will execute a joint


affidavit and filed in the court; reconciled dayon.

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ART 924-959 LEGACY AND DEVICE 2. grandfather is 2 degrees away from grandchild.
Ipatumoy sa ni. Laktawan sa nato.
How many degrees away is F from A?
We follow in our discussion: testate, intestate, common 3. great grandfather is 2 degrees away from great
grandchild.

INTESTATE SUCCESSION How many degrees away is G from F?


RULE: Your intestate share is always equal or higher than your 6. Wa nay labot kay more tan 5 na. it cannot go beyond 5th
legitime. degree relationship.

Muni ang mga principal na pangutana: Remember the rule of proximity.


Makapanunod ko? – tan awon nato imong relasyon sa A B D F are relatives of direct line. You have common
namatay. ancestors.
Pila may ako madawat? B in relation to C E G are collateral relatives.
Nay will? Wala? A line is a series of degrees.
A is the common relative of B and C.

ART 963 ART 967


Proximity of relationship Full blood relationship
--is determined by the number of generations. --is that existing between persons
who have the same father and the same mother.
Each generation
--forms a degree. (915) Half blood relationship
--is that existing between persons
who have the same father, but not the same mother, or
Each generation forms a degree. the same mother, but not the same father. (920a)
Each degree forms a line. Ascending or descending.
Proximity of relationship is determined by a number of Half blood relationships: Same mother, different father, or
generation. Same father different mother.
You should know how to count the degree.

There is a limit on who can secceed.


ART 1010 - Cannot go beyond 5th degree – children of your
first cousin and vise versa.

Rule of proximity : The nearer relative excludes the more


distant ones.

Kada generation isa ka de3gree

A
/ \
B C
| |
D E
| |
F G
How many degrees away is B from C?
2.
Proximity and relationship is determined by the number of
generation.

How many degrees away is B from A?


1. parent is one degree away from child

How many degrees away is D from A?

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July 28, 2010 1. IF A PERSON DIES WITHOUT A WILL
What is the result?
LEGAL /INTESTATE SUCCESSION Intestate succession or legal succession will take place.
ART 960 Ang madawat nimo, you call that legal or intestate share.
Legal or intestate succession takes place:

(1) If a person dies without a will, or Remember, madawat nimo tanan. Wala nay free portion.
with a void will, or
one which has subsequently lost its validity; Who are the intestate heirs?
(2) When the will does not institute an heir to, or 1. Those compulsory heirs are also intestate heirs.
dispose of all the property belonging to the testator. a. legitimate children and descendants
b. legitimate parents and ascendants
In such case,
legal succession c. surviving spouse
--shall take place only with respect to the property d. illegitimate children
of which the testator has not disposed; But nay napuno.
(3) If the suspensive condition attached to the institution of heir 2. Brothers and sisters
does not happen or is not fulfilled, or 3. Nephews and nieces.
if the heir dies before the testator, or 4. Cousins
repudiates the inheritance,
there being no substitution, and 5. Collateral relative within the fifth degree.
no right of accretion takes place; -child of your cousin
ART 1010
(4) When the heir instituted is incapable of succeeding,
The right to inherit ab intestato shall not extend beyond the fifth degree
except in cases provided in this Code. (912a)
of relationship in the collateral line. (955a)

Why did the law prescribe the manner of apportionment of SITUATION:


distribution? T
It is presumed by law that had he been alive, this would /\
have been the manner of distribution taking into C1 C2
consideration the love and affection to those closest to him. | |
A B
So this is on a presumed will. Not like in testamentary which | |
is based on the express will. D F
They are legal heirs but not compulsory.
In legal succession, it will be the law that will determine the D and B
distribution. It is called intestate because there is no will left F and A
by the decedent. Shall not extend beyond 5th degree
Munang karong DECEDENT na ato gamiton. Di na testator.
2. PERSON DIES WITH A VOID WILL
What are the instances when there is legal succession? Void will confers no right. It creates no obligation. IOW it is
The law will determine when legal succession will take place. wholly inoperative.
Art 960 enumerates the instances. As to the law, it does not exist.
In number one, there are three
In number two, there are two Ex. executed by 15 year old testator. / insane
In number three, there are three No legal capacity.
In number four, there is one Void from its origin.
Total of 9
What is the result?
FIRST It is equivalent to no will. Intestacy follows.
(1) If a person dies without a will, or
with a void will, or Just the same.
one which has subsequently lost its validity;
1. no will 3. PERSON DIES WITH A WILL BUT SUBSEQUENTLY LOST ITS
2. void will VALIDITY
3. will subsequently lost its validity. Under number 1, there is a valid will but it has already lost its
validity.
A will executed and is valid, the validity is continuing
What is lost is its effectiveness or efficacy.
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Probably it is revoked. What is the result? Valid ang will but As a matter of fact, T can give the free portion to anyone,
ineffective on account of revocation. related or not.

For number 1 alone, 3 na. So C2 receives in 3 capacities.


As compulsory heir
SECOND As voluntary heir
(2) When the will does not institute an heir to, or As legal heir.
dispose of all the property
belonging to the testator.
Succession to legitime is succession by operation of law.
In such case, Succession by virtue of will.
legal succession
--shall take place only with respect to the property Legal succession is succession by operation of law.
of which the testator has not disposed;
If walay free portion, walay will. The legitime must first be
for number 2, duha rasad satisfied.
4. Will does not institute an heir
5. Will does not dispose all property The result of this is mixed succession.

4. WILL DOES NOT INSTITUTE AN HEIR *Compulsory heirs will inherit whether there is a will or not
Nagsige rag enumerate pero way gitudlo na manununod. Legal heir will inherit in absence of will.
Valid ang will but walay instituted heir.
*Legitime will operate upon moment of death
5. WILL DOES NOT DISPOSE ALL PROPERTY
Will is still valid.
An heir is instituted but the n it does not dispose the entire THIRD
property of the testator (3) If the suspensive condition attached to the institution of heir
does not happen or is not fulfilled, or
T has 2 children C1 and C2. if the heir dies before the testator, or
His instituted heirs are repudiates the inheritance,
A= 5k there being no substitution, and
no right of accretion takes place;
B= 5k and
C2= 10k
6. Suspensive condition does not happen/fulfilled
7. Heir predeceased (no substitution or right of accretion)
So we give first the legitime, 30
8. Heir repudiated (no substitution or right of accretion)
Legitime Instituted Intestate
C1= 30k 20k
6. SUSPENSIVE CONDITION IS NOT FULFILLED
C2= 30k 10k 20k
If there is suspensive condition attached to the institution
A= 5k
and not having fulfilled the condition.
B= 5k
Ex. The instituted heir will receive 200k provided you will pass
2012 bar exam.
Legitime 60k
If you did not pass, that means you will not be entitled.
Institution 20k
200k will be vacant portion which will be instituted by legal
Total 80k
succession.
To whom will the 200k go?
Excess of 40 is subject to intestacy.
The nearer relative excludes the more distant ones.
Rule of proximity.
C2 receives 30k as a compulsory heir, from legitime,
10k as a voluntary heir, from institution, &
I’m talking about the promise of 200k.
20k as a legal heir, from intestate succession.
Total of 60k
The 200k is still part of the estate of the decedent.
Why?
C1 cannot complain so long as C1 are receiving the legitime
The condition attached to the institution was not fulfilled.
already
Testator can dispose the free portion.
The legal heirs will receive by legal succession, depending on
Testator can never deprive the compulsory heirs as the
who is nearer to him in relationship.
legitime.

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7. HEIR WOULD PREDECEASE (No representation/accretion)


Unless there is a substitute.

If there is a substitute, you will give it to the substitute.


Substitution is the appointment of another heir so that it will
enter into inheritance in default of the heir who is instituted.

8. RENUNCIATION (No representation/accretion)


To renounce is to relinquish a certain right.
To inherit is a right and not an obligation.

FOURTH
(4) When the heir instituted is incapable of succeeding,
except in cases provided in this Code. (912a)

9. INCAPABLE OF SUCCEEDING (no representation)


Incapacity -1027, 1028, 1032- these are the cases later on you
will come to know why you are incapacitated to inherit:
Undue influence
Public morality
Unworthiness

Willing unta ka but the law will prohibit you from succeeding.
Therefore, you are called incapacitated.
Unless, there is representation, the estate will be distributed
legally.

When is there representation permitted?


Disinheritance.
Predecease
Incapacity

When the representation is permitted on the assumption na


walay substitute. If nay substitute, didto ihatag sa substitute.

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SUCCESSION
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July 3, 2010 X and Y are called representatives. They will divide the the
ART 963 inheritance per STIRPES.
Proximity of relationship
--is determined by the number of generations.
Representation- is the right created by fiction of law whereby
Each generation the representatives is raised in the place or degree of the
--forms a degree. (915) person represented and acquire the rights of the latter that
he could have inherited.
There is no need for us to talk about degrees.
A series of degrees forms a line. So what A cannot receive, it is now X and Y who will represent
Kinds: him.
Direct line, ascending or descending.
Collateral line The process is called representation
In obligation, we call that subrogation.
The children of A is now subrogated in the place of A
ART 973
In order that representation may take place,
--it is necessary that the representative himself You call X and Y representatives.
be capable of succeeding the decedent. (n)
X and Y will inherit as representatives.
We now go to representation – a right created by fiction of
law by virtue of which the representative is raised to the Had A been living, he would have inherited in his own right.
place and degree of the person represented and acquire the But if you are a representative, you will inherit by right of
rights of the latter which he could not have inherited. representation. – meaning you derive the right from another
In civil law, this is what we call subrogation person.

You are called representatives.


SITUATION: The process is called representation.
A. if D died
D In testamentary also, it is the children of A who will
/\ represent.
AB But what is the difference?
/\ Representation in testamentary is permitted only in
XY legitime.
A= 60k ½ There is no representation in the free portion.
B= 60k ½ Because the voluntary heir could die before the testator and
In intestate succession, you dispose the whole estate of 120k. transmits nothing to his heir.
There is no more free portion. And if you get your share in representation, you are a
voluntary heir.
A.1. if it were testamentary succession So that is the difference.
T In testamentary, representation is permitted only in the case
/\ of legitime. But not the free portion.
A B
A= 30k But look at intestate.
B= 30k Representation here is the entire legal share appertaining
FP= 60k the predeceased father.
It is relatively easier because there is no free portion to talk
about here. There is no legitime here to be satisfied.
B. if A predeceased
X= 30k ½ /2 But knowledge of legitime is very important. Because the
Y= 30k ½ /2 solution of estate rests on the legitime.
B= 60k ½
Ex. The legal share is in no case below the legitime. It can be
This is where representation will come into play. equal or higher.
The share to be succeeded by A will be represented by X and If your legal share is less than the legitime, that is wrong.
Y.

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ART 971 Surviving spouse
The representative Illegitimate children.
--is called to the succession by the law and
not by the person represented.

The representative
--does not succeed the person represented
but the one whom the person represented would have succeeded. (n)

Using this as graphical representation: In line with 971, you now understand from whom the
SITUATION: representatives inherits.
D X and Y inherited directly from the estate of their
/\ grandfather.
AB They do not inherit from father who predeceased.
/\
XY But should A has property of his own, X and Y will not inherit
by representation but will inherit in their own right.
From whom did representatives, X and Y inherit? From D or There in is no more representation.
from A whom they represent?
From D. But since we are talking in relation to D, the grandparent,
then X and Y are representatives.

Representatives do not inherit from the person represented, There are 2 kinds of succeeding:
but the from the one whom they represented would have 1. IN YOUR OWN RIGHT
succeeded. -if you derive your right out of your own
2. BY REPRESENTATION
IOW X and Y inherits from A. -they are called upon by law to reopresent

What are the ways representation can come into play? 970- definition
Predeceased 971- from whom
Incapacitated
Disinheritance
Repudiation ART 972
The right of representation
--takes place in the direct descending line,
Basta by representation. Without prejudice to what they can but never in the ascending.
inherit from separate property of A. you can inherit in your
In the collateral line, it
own right. --takes place only in favor of the children of brothers or sisters,
whether they be of the full or half blood. (925)
If A does not have representative, where will 60 go?
When representation is proper? When representation is
SITUATION: permitted?
D Direct descending line.
/ \ Representation is unlimited
A____W B
SITUATION:
1. If A has SS? D
Then it will go to W. /
W will get the entire share. A
/ \
2. If A has other ascendants other than D who died? X Y
Then the ascendants. |
Mother will get ½ F
Surviving spouse gets ¼
Yu must be familiar with direct descending.
In order: If A and X died, F can represent.
Legitimate children or descendant Because representation in direct descending is unlimited.
Legitimate parents or ascendants

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There is no representation in direct ascending. R= 40k
That is why if there is only one surviving parent, he gets it all, M=0k
even if the grandfather of the person is still living, because O= 40k
there is no representation in the ascending line.
In relation to D, M is a grandnephew or grand niece.
M cannot be allowed to represent.
In collateral line, representation is limited only children of the
Collateral line is permitted but only as to the children of your brothers or sisters of the deceased.
brothers and sister of the decedent.
-nephews and nieces. REMEMBER: Representation in the collateral line is allowed
on legal or intestate succession.
SIRUATION:
D____B_____R_____S_______O CONDITIONS:
| /\ | 1. You must concur with the brother or sister of decedent
X YZ W -one of the siblings must survive
| 2. Representative must have capacity to succeed
M
Had they been living, 40 a piece unta COUTERPART IN TESTAMENTARY
In the collateral line, representation is permitted also with SITUATION:
respect to the children of their brothers and sisters of the T
decedent. / | \
Meaning, representation is allowed in favor of the nephews A B C
and nieces of the decedent. |
X
1. If D died Estate is 120k
B= 30k In the will T instituted as heirs: A B C and F
R= 30k Instituted: no mention how much
S= 30k
0= 30k 1. If T died
Legitime Voluntary TOTAL
2. If B predeceased A 20k 15k 30k
X= 30k B 20k 15k 30k
R= 30k C 20k 15k 30k
S= 30k
O= 30k F 15k 15k

X will represent B. First you give the legitime


Because his father or mother is the brother or sister of the Then you divide the free portion equally.
decedent.
2. If A predecease
3. If R predeceases Legitime Voluntary Legal TOTAL
B= 30k X 20k 5k 25k
Y= 15k B 20k 15k 5k 25k
Z= 15k C 20k 15k 5k 25k
S= 30k
O= 30k F 15k 15k

4. If S predeceases You notice that the representation is testamentary is limited


B= 30k to the legitime.
R= 30k The portion not subject to representation will be an object of
W= 30k legal succession of the legal heirs of decedent.
0= 30k Here, the legal heirs of D are X B C

5. If S and W predeceased With regards to legal inheritance,


B= 40k B and C will inherit in own right

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X will inherit as a representative Yu cannot deprive a compulsory heir from his legitime.
Besides, it cannot be subjected to his control because
So representation in testamentary, only the legitime is representation is called upon by law not by the person.
susceptible to representation.
With respect to intestate succession, the entire legal share
pertaining the person represented maoy madawat.
The representative must have capacity to succeed
SITUATION: ART 974
D Whenever there is succession by representation,
the division of the estate
/ | \ --shall be made per stirpes,
A B C in such manner that the representative or representatives
| shall not inherit more than what the person they represent would inherit,
if he were living or could inherit. (926a)
X
1. If D died If you will inherit by right of representation, how will you
A= 40k apportion among the representatives?
B= 40k
C= 40k SITUATION:
D
2. If A predeceased / | \
X= 40k A B C
B= 40k | /\ /|\
C= 40k X YZ KLM

The representatives must be capacitated to inherit from the 1. if D dies


decedent grandfather. A= 40k
B= 40k
1. If X is disinherited by A, X can still represent A to the estate C= 40k
of D. it is not the estate of A that is the subject matter of the
issue, but the estate of D. 2. if A predeceased, B is incapacitated, C predeceased
The representative must have capacity to inherit not from the X= 40k
person represented but the decedent. Y= 20k
X inherits from D not from A. Z= 20k
K= 13.333k
2. If X is disinherited by D, and A B C are still alive, there is no L= 13.333k
need to disinherit. Anyway X cannot receive because the M= 13.333k
nearer relatives excludes the more distant ones.
They will receive as representatives.
3. If X is disinherited by D and A predeceases D, the X cannot What is supposed to be received by he parents, you now
be representative because he is disinherited for grounds divide it by the number of representatives per sibling.
enumerated under 919. This is what you call per stirpes/estirpes.

Grounds in 919 are strictly construed because that is a Stirpes is made in such a manner that the representatives will
derogation of the natural right to inherit. not inherit more than what the person would have received.

Therefore, the division of the estate if you will inherit by right


of representation is per stirpes.
Back in 15k of A, can T stipulate that X cannot inherit?
Yes. Free portion. Stirpes means group inheritance representing one head of
So subject to the will of testator. Then you cannot also the family. The representatives if combined will not receive
receive if that is the will of the testator. more than what the person would have received if the were
living or perhaps could have inherited.
But if you say that X cannot represent in the estate of A in his
will? 3. If A is still living, B and C predeceased/incapacitated
You cannot do that. A= 40k
Y= 20k

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Z= 20k Reason: The nephews and nieces no longer derive the right
K= 13.333k from the parents.
L= 13.333k If they will inherit, they will inherit on their own right
M= 13.333k because they are the relative next in degree

A inherits in his own right -per capita 4. If N is an illegitimate child


Y-M inherit through representation -per stirpes 992 - N will not be entitled. An IC will not be allowed to
ART 975 REPRESENTATION BY NEPHEWS AND NIECES ON THE inherit ab intestate from the legitimate relatives of parents.
ESTATE OF THE DECEDENT UNCLE ART 976
When children of one or more brothers or sisters of the deceased survive, A person
they --may represent him whose inheritance he has renounced. (928a)
--shall inherit from the latter by representation,
if they survive with their uncles or aunts.
SITUATION:
But if they alone survive, D
they |
--shall inherit in equal portions. (927)
A
|
SITUATION:
C (RENOUNCER)
D____B____R____S_____W
|
| /\ /|\ |
W
X Y Z KLM N
Because inheritance is not an obligation but rather a right, it
1. D died without issue
can be renounced.
-Meaning without decedent of your own
C renounced his inheritance from his father A.
B= 30k
R= 30k
If A predeceased D, may C represent A?
S= 30k
Yes. A person may represent him whose inheritance he has
W=30k
renounced.
A renouncer can represent.
2. If B R S predeceased
Just because you renounce you inheritance form your
X= 30k
father, that does not bar the renouncer from inheriting from
Y= 15k
his grandfather by representation.
Z= 15k
K= 10k
But then additionally, in 977…
L= 10k
M=10k
ART 977
W=30k Heirs who repudiate their share
--may not be represented. (929a)
Representation in the collateral line is allowed, provided
they concur or survive with an uncle or an aunt. If you are the renouncer, you can be represented.

3. If B R S W predeceased SITUATION:
X= 17k D
Y= 17k |
Z= 17k A
K= 17k |
L= 17k C (RENOUNCER)
M=17k |
N= 17k W

But if they alone will survive, they will inherit in equal 1. If C predeceased, may W represent C?
shares. No. he who repudiated the shares cannot be represented.
They will inherit in their own right and not anymore in W cannot represent A as to the estate of A.
representation
A renouncer can represent but cannot be represented.

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2. What about the right of W to represent to the estate of D? In Legal succession, accretion is applicable.
No Where will the share of the person who renounces his share
W can never represent to any person not only to the extent go considering he cannot represent?
of grandfather, great grandfather, etc. Accretion is applicable.

Basta kay renouncer and imong amahan, din a jud ka But if accretion is it applicable, legal succession will take
makarepresent to whomsoever. place.

C is the person who renounced. ISRAI


Remember that a renouncer can represent. I instituted heir
If there is anyone who cannot represent, then it should be S substitute
the renouncer to any person for that matter. R representative
A accretion
Why adversely affect the legitimate child of C? I instituted heir
There is a reason advanced by an authoritative author –
because renunciation is a form of deposition. So if you do it If you read your book you will come across this. This is a good
to yourself, you also do that to your children. guide for you – in testamentary succession, first look at the
Having disposed that right, including your own heirs are instituted heirs after the legitime are satisfied. If there is no
disposed of such right. testamentary heir, look if there is a substitute. If there is no
substitute, then you go with representation. If there is no
Ako, di ko motolite. Di combinsing. representation, accretion is next. If there is no accretion
How can you dispose something you never received in the because the properties are earmarked, then intestate
first place? succession.

A RENOUNCER CAN REPRESENT BUT CANNOT BE In legal or intestate succession, there is no instituted heir, nor
REPRESENTED substitute. There fore, what is left is representation. Then
look if accretion applies. If not apply accretion, then
Because there is no representation, there is such thing as intestacy follows.
accretion.
Substitution is preferred over representation because it is
ART 1015 ACCRETION derived from the express will of the testator.
Accretion
is a right by virtue of which,
when two or more persons As for C, thereis no accretion because he is the only child. So,
are called to the same inheritance, devise or legacy, intestate succession follows. Relative of A or D as the case
the part assigned to the one who renounces or cannot receive his share, or may be. Nearer relatives excludes the further.
who died before the testator,
is added or incorporated
to that of his co-heirs, co-devisees, or co-legatees. (n) Accretion applies to both testate and intestate succession.
That is why the heading is – provisions common to testate
So giipon ang gi renounce and it will be given to your co-heir and intestate succession.

Accretion is when the part of the estate renounced, or cannot But in testamentary, there are two portions, the part of the
receive or predeceased is added or incorporated to that of legitime and the part of free portion. THERE WILL BE NO
the co-heirs. ACCRETION ON THE PART OF THE LEGITIME.
The share of the co-heirs will increase because you share is
added to theirs. No accretion with respect to legitime.
Basis: 1021 2nd sentence
Ex. parents died with three children. Children are co-heirs.
Co-heirs are co-owners. ART 1021
Among the compulsory heirs
If the estate is 300k, they should have 100k each. the right of accretion
But 1 died, and 2 are surviving. Therefore, they get 150k shall take place only when the free portion is left to two or more of them, or
each. to any one of them and to a stranger.
Why? Should the part repudiated be the legitime,
Because the share appertaining to the deceased is added or the other co-heirs
incorporated to his co-heirs. shall succeed to it in their own right, and not by the right of accretion. (985)

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Therefore accretion applies to both testamentary or instate Naturally by legal succession, F is the absolute owner.
succession. But in testamentary, accretion applies only to Nut this will not happen.
the free portion. This is what you can reserva extraordinaria.
Why? You are not the owner. Just keep it momentarily.
So wa gani will, representation applies. Duna ganiy will, You are only a reservoir of the property in favor of some
rd
tanawa kung kinsay gitagaan. If di kadawat for whatever other person who are the relatives of M and P within 3
reason, tan awa sa og nabay substitute, then representation, degree relatives of P.
then accretion, then legal succession.
So kanang representation of collateral line sa mga
pagumangkon, it applies only on legal or intestate M -origin
succession. P -propositus
F -reservor
There is no such thing as testamentary representation of 3rd -reservees
collateral line. -1. grandparents of maternal line
2. great grand parents
In testamentary, they are not compulsory heirs. Therefore if 3. brothers and sisters or propositus
they are receiving something from the testator, they are 4. uncles and aunties in the maternal line
voluntary heirs. They transmit no rights to their heirs if they 5. nephews and nieces of P
die before the testator.
So the flow is from an ascendant to a descendant. Then from
That is why it only applies to legal or intestate succession. the descendant to another ascendant.

Plus, it has the same condition. They must be survived with The reservoir can announce o the whole world that he is the
another uncle or aunt. owner. But then when he should have died, your heirs will
If they alone will survive, they will inherit in their own right not be the owners. It will go to the reserves, should here be
and not by representation. And they will be receiving per any at the time of your death. If there are reserves, then by
capita and not per stirpes. operation of law, it should be given back to them.

The reserves must be within the third degree relationship of


ART 891 the propositus.
The ascendant who inherits from his descendant
any property
which the latter may have acquired by gratuitous title So the ownership of the propositus is conditional. If there are
from another ascendant, or a brother or sister, reserves at the time of death, then you transfer it to them. If
--is obliged to reserve such property there are none, then it is yours absolutely.
as he may have acquired by operation of law
for the benefit of relatives The ownership is conditional; subject to RESOLUTORY
who are within the third degree and CONDITION that in the event there are reserves, the
who belong to the line from which said property came. (871) property goes to the reservees.

1.32.37 08-03-10
RESERVA TRONCAL
It is called as such because it operates above and over the What must the transfer be from the origin to propusitus?
legitime. It has a different application, ot disregards the It must be gratuitous
rules of legitime. Ex. Donation, Succession

SITUATION: What must the transferred be from propositus to reservor?


M F By operation of law
3rd deg Ex. intestate, legitime
relatives
P For how long will he hold the property?
During his lifetime.
M and F are married.
M during his lifetime gave by gratuitous title to P, their only The ultimate destination is the reservees.
child. The reserves if you noticed is on the side of M.
P also died without issue/without descendant of his own. This is to return the property back to where it came from.
This is the purpose of reserve troncal; to keep the property

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SUCCESSION
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where it came from and to avoid persons by special
accidents of life acquire the property which does not belong How to extinguish reserve troncal:
to them. Reserve troncal is to maintain as soon as possible 1. Tranfer to reserves upon the death of reservoir.
the property where it came from. 2. No reservees even before the death of resorvor.
3. Loss of the thing without fault of the part of ascendant.
Reserve troncal will apply upon the death of P.

Before the death of P, P has equal right to encumber or If F predeceased, what will happen?
perhaps dispose the property. No reserva troncal to talk about.

Upon death of P, F becomes owner momentarily. The greater


part is usufructuary, or care taker because of the reserves. After break.

Requisites therefore are:


1. M is the origin, where the property originated is an Just like testamentary, in intestate, there are also
ascendant of P. preferences.
2. The transfer of P must be by gratuitous title.
a. donation Order of intestate succession of legitimate decedent:
b. succession 1. legitimate children and descendants
3. The transfer to an ascendant must be by operation of law. 2. legitimate parents and ascendants, in default of 1
4. System of legitime the moment F has inherited – BY 3. illegitimate children and descendants
OPERATIONOF LAW. (legitimate/illegitimate)
a. intestate succession 4. surviving spouse, without prejudice to brothers and sisters,
b. legitime; in case of testamentary nephews and nieces
5. Reservees are relatives of P within 3rd degrees 5. collateral relatives within the 5th degree
a. great grand parents in same line of origin 6. state
b. grandparent in the same line of origin
c. origin Lahi ang rule if testate succession of an illegitimate decedent.
d. uncles and aunts of P in same line of origin
e. brothers and sisters of P We start first with the legitimate decedent.
f. nephews and nieces of P ART 978
Succession
--pertains, in the first place,
While in the hands of the propositus, he can do anything with to the descending direct line. (930)
the property. There is no reserve troncal yet.
But the moment P dies, the reservation now starts. ART 979
The system of legitime will only stop the moment F inherited. Legitimate children and their descendants
--succeed the parents and other ascendants,
But then in 891- if you are not the owner… he I merely a without distinction as to sex or age, and
reservor. He is reserving in behalf of the reserves if existing even if they should come from different marriages.
at the time of his death.
An adopted child
--succeeds to the property of the adopting parents
If P sold it for 2m? Is 2m reservable? in the same manner as a legitimate child. (931a)
No. That is no longer identical property: “such property”.
Gikan yuta, nahimog kwarta. Legitimate children will succeed even if from different
That is no longer the same property received. marriages
Age and gender is never a factor of succession.
Remember also that F should acquire the same property by
operation of law. SITUATION:
If P executed a will, he designated his entire property to F. B_______H________W
how much is the reservable amount? | / \
1m. Sa 2m, ½ of that is legitime. Legitime is succession by X A B
operation of law (reservable). The other half is testamentary H married W and had A and B as children.
(not reservable). Later W died.
H had a subsequent marriage with B and had X as child.
However, if there is no will, all transfer is by operation of law. The second marriage is valid.
The whole of 2m is reservable. H is the common father.

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H and B died. D
/ \
A B X will inherit in equal footing in terms of inheritance from X A
H even if they come from different marriages. ratio
The second marriage is valid because the first has already A= 80k 2
been dissolved by the death of W. X= 40k 1

If B never got married with H, X is an illegitimate. SITUATION:


X can inherit if recognized but the amount will vary. X and Y are IC
D
/|\
ART 980 XYA
The children of the deceased ratio
--shall always inherit from him in their own right,
dividing the inheritance in equal shares. (932) A= 60k 2
X= 30k 1
This is the first intestate distribution. Y= 30k 1

SITUATION: SITUATION:
D WXY are IC
| D
A / | | \
A= 120k 100% W Y X A
Ratio (not followed) legitime
SITUATION: A= 60k 2 ½
D W=20k 1 ½ /3
/\ Y= 20k 1 ½ /3
AB X= 20k 1 ½ /3
A= 60k 100%/2
B= 60k 100%/2 Not use ratio of 5 because A should receive legitime.

A and B will inherit in their own right. ART 892 COMBINING OF TWO COMPULSORY HEIRS
If only one legitimate child or descendant of the deceased survives,
the widow or widower
If this were testamentary, --shall be entitled to one-fourth of the hereditary estate.
Legitime Legal Total
In case of a legal separation,
A= 30k 30k 60k the surviving spouse
B= 30k 30k 60k --may inherit if it was the deceased who had given cause for the same.

If there are two or more legitimate children or descendants,


Included with these legitimate children are the legitimated the surviving spouse
children whose parents at the time he was conceived, there --shall be entitled to a portion equal to the legitime
is no legal impediment to marry and has subsequently of each of the legitimate children or descendants.
married after birth. In both cases,
the legitime of the surviving spouse
What else? The legally adopted children. --shall be taken from the portion that can be freely disposed of
by the testator. (834a)
Because family code 189, a legally adopted child acquires
the relationship of a parent and child which entitles the
2.32.01 8.03.20
latter to acquire all the rights of a legitimate children.
IC will suffer a reduction if the estate is not enough.
Therefore, those included in this article are:
In no case will the legitime of illegitimate children exceed the
1. legitimate children
free disposable portion.
2. legitimated children
3. legally adopted children

What if D has an illegitimate child?


SITUATION:
X is an IC

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SITUATION: SITUATION:
X is an illegitimate XYZWM are IC
D D________W
/ | | | \ / | | | | \
X A B C E X Y Z WM A
Ratio Legitime-complied Ratio (not followed) Legitime
A= 26+k 2 15k ½ /4 W= 30k 1 ¼
B= 26+k 2 15k ½ /4 A= 60k 2 ½
C= 26+k 2 15k ½ /4 X= 6k 1 ¼ /5
E= 26+k 2 15k ½ /4 Y= 6k 1 ¼ /5
X= 13+k 1 7.5k ½ /4 /2 Z= 6k 1 ¼ /5
W= 6k 1 ¼ /5
SITUATION: M= 6k 1 ¼ /5
X and Y are illegitimate
D RULE: give at least the legitime to legitimate children and
/ | | | | \ surviving spouse
X Y A B C E
IF TESTAMENTARY
Ratio Legitime-complied
A= 24k 2 15k ½ /4 SITUATION:
B= 24k 2 15k ½ /4 T
C= 24k 2 15k ½ /4 /\
E= 24k 2 15k ½ /4 AB
X= 12k 1 7.5k ½ /4 /2 Friend = 20k
Y= 12k 1 7.5k ½ /4 /2 Compulsory Voluntary Legal Total
A= 30k ½ /2 20k 50k
SITUATION: B= 30k ½ /2 20k 50k
XYZW are IC F= 20k 20k
D
/ | | | \
X Y Z W A ART 980
Ratio (not followed) Legitime The children of the deceased
--shall always inherit from him in their own right,
A= 60k 2 ½ dividing the inheritance in equal shares. (932)
X= 15k 1 ½ /4
Y= 15k 1 ½ /4 Adopted, is he allowed to represent?
Z= 15k 1 ½ /4 No. Because there is no juridical tie existing between him
W= 15k 1 ½ /4 and the parent of adopter or the person whom he would
represent.
SITUATION:
XYZWM are IC SITUATION:
D A is adopted
/ | | | | \ T
X Y Z W M A |
Ratio (not followed) Legitime D
A= 60k 2 ½ /\
X= 12k 1 ½ /5 AB
Y= 12k 1 ½ /5 If D predeceased T.
Z= 12k 1 ½ /5 Only B can represent
W= 12k 1 ½ /5
M= 12k 1 ½ /5 Juridical relation is created between adopted and the adopter
only.

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August 4, 2010 SITUATION:
ART 983 HW S
If illegitimate children survive with legitimate children, \ \ /
the shares of the former
--shall be in the proportions prescribed by Article 895. (n) A
HW are biological parents
In 893, we are talking about the legitimate and illegitimate S is adopter
concurring (2:1 ratio, then check legitime) A is legally adopted
F the legitime if the legitimate is impaired, reduce the share
of the illegitimate children. H= 30k ½ /2
W= 30k ½ /2
SITUATION: S= 60k ½
XYZ are IC
D Following the language in 984, the parents by consanguinity
/ | | \ (HW) will succeed.
X Y Z C But then that language has already been repealed by family
Ratio (not followed) Legitime code.
X= 60k 2 ½
Y= 20k 1 ½ /3 ART 190 FC 2nd par
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants
Z= 20k 1 ½ /3 of the adopted concur with the adopter, they shall divide the entire estate,
C= 20k 1 ½ /3 one-half to be inherited by the parents or ascendants and the other half, by
the adopters;
SITUATION:
Y is IC The adopting parent will get half and the biological parents
D will also get half.
/ | \ Therefore, there is reciprocity. The adopted can succeed from
Y C E the adopter and vise versa.
Ratio Legitime-complied This is to encourage people to adopt.
Y= 24k 1 ½ of 1 LC
C= 48k 2 ½ /2 Another reason of adoption is to improve the status of the
E= 48k 2 ½ /2 child.

ART 190 FC is used in intestacy referring to a decedent who is


Regardless og pila ang legitimate and illegitimate, you an adopted child.
maintain the proportion

ART 984 ART 985-87 refers to parents or ascendants.


In case of the death of an adopted child, This has no difference with testamentary succession except
leaving no children or descendants, for the value.
his parents and relatives by consanguinity and not by adoption,
--shall be his legal heirs. (n)
ART 985
In default of legitimate children and descendants of the deceased,
Adopted is the decedent. his parents and ascendants
Adopted are entitled to rights pertaining to legitimate. --shall inherit from him,
Because in family code, adoption acquires the relationship to the exclusion of collateral relatives. (935a)
of a legitimate child/ entitles the adopted to acquire rights
appertaining to a legitimate child. SITUATION:
Therefore, a legally adopted child is a compulsory heir with F M
respect to the property if the adopter. \ /
D
But in 894, and namatay kay ang adopted.
Does the adaptor have reciprocal rights? F= 60k 100%/2
M= 60k 100%/2

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ART 986 SITUATION:
The father and mother, if living, XYL are IC
--shall inherit in equal shares.
D
Should one only of them survive, /\
he or she X Y
--shall succeed to the entire estate of the child. (936)
/\
Gf Gm Al Am
K L
\/ \/
X= 60k ½
F M
K= 40k ½ X (2/3)
\ /
L= 20k ½ X (1/3)
D
1. If F died
An illegitimated child may be represented by descendant
M= 120k 100%
whether legitimate or illegitimate.
You cannot pass it to the ascendants because there is no
representation in the direct ascendants
SITUATION:
YWL are IC
2. If F and M died
D
Gf= 30k 50%/2
/ \
Gm= 30k 50%/2
X Y
Al= 30k 50%/2
/\ /\
Am= 30k 50%/2
SW K L
X and Y predeceased.
3. If only Al survives
Al= 120k 100%
S= 60k ½
W= 0k
K= 40k ½ X (2/3)
ART 988
In the absence of legitimate descendants or ascendants, L= 20k ½ X 1/3)
the illegitimate children
--shall succeed to the entire estate of the deceased. (939a) A legitimate child may only be represented by a legitimate
child but not an illegitimate child.
SITUATION:
X is illegitimate Art 902 is more expressive on this rule:
D ART 902
| The rights of illegitimate children set forth in the preceding articles
X --are transmitted upon their death to their descendants,
whether legitimate or illegitimate. (843a)
X= 120k 100%
902 should be read in relation of 989.
Og duha sila 60-60k
ART 990
The hereditary rights
ART 989 granted by the two preceding articles
If, together with illegitimate children, to illegitimate children
there should survive descendants --shall be transmitted upon their death to their descendants,
of another illegitimate child who is dead, who shall inherit by right of representation
the former from their deceased grandparent. (941a)
--shall succeed in their own right and
the latter
-- by right of representation. (940a) What kind of descendant?
Whether legitimate or illegitimate.(clearer in 902)

What is transmitted?
The right given or granted to illegitimate under the
preceding article 901 which is given to the descendant
whether legitimate or illegitimate.

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ART 991 Aug 10, 2010
If legitimate ascendants are left,
the illegitimate children
--shall divide the inheritance with them, ART 992
taking one-half of the estate, An illegitimate child
whatever be the number of the ascendants or --has no right to inherit ab intestato
of the illegitimate children. (942-841a) from the legitimate children and relatives
of his father or mother;

Who are the concurrent legal heirs here? nor shall such children or relatives
Ascendants and IC --inherit in the same manner from the illegitimate child. (943a)

First this concerns an illegitimate child.


SITUATION: Restriction: negative - You cannot inherit from any legitimate
X is illegitimate children of your parent or any of his legitimate relatives.
F You are barred.
|
D
/ SITUATION:
X BXY are illegitimate
F= 60k ½ B and C \predeceased
X= 60k ½ Year died
T 2003
As compare to testate succession, the share of the IC is C 2001
elevated to ½ from ¼. B 2000
That is why it is easier in intestate succession because if there T
are only two legal heirs, usually it will be ½: ½. / \
B C
SITUATION: /\ /\
XY are IC Y F X A
F Y= 40k ½ X (2/3)
| F = 20k ½ X (1/3)
D X= 0k
/\ A= 60k ½
X Y
F= 60k ½ Without reading the book, it would appear that C, the
X= 30k ½ /2 legitimate child will have more right than B.
Y= 30k ½ /2
The more the illegitimate children, the lesser their shares will Y and F can represent.
be. If the person to be represented is an illegitimate, any child
may represent whether legitimate or illegitimate.
But then notice. The share of the legitimate is double the
share of the illegitimate.

When C predeceased, only A is allowed to represent. X is


barred from representing.
So, the lesser right is given to the legitimate child

What about X?
You connect that to 992. An illegitimate child like X has no
right to inherit from the legitimate children or relatives of
his father. He is barred from representing.
Because when you represent, you will inherit from T. T is a
legitimate relative of C.

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SITUATION: There is no prohibition. They are both illegitimate. What is
BXY are illegitimate prohibited is the succession from IC from LC.
B and C \predeceased
Year died Reason: There is an existing hostility. And the law would not
T 2003 want to further the resentment by totally abrogating their
C 2001 blood relationship.
B 2000
T
/ \ ART 993
B C If an illegitimate child should die without issue,
either legitimate or illegitimate,
/\ /\ his father or mother
Y F X A --shall succeed to his entire estate; and

if the child's filiation


If A also died without issue and without a will. is duly proved as to both parents,
A is illegitimate half blood brother. who are both living,
Born outside of valid marriage. they
--shall inherit from him share and share alike. (944)

Estate of A is 1m.
And namatay ang illegitimate.
X can never inherit from the estate of A.
SITUATION:
An IC cannot inherit from the LC of the parent.
X is IC
IC is barred because of 992.
F M
\/
SITUATION:
X
X is IC
D___B____R____S
1. If X died
|
F= 60k ½
X
M= 60k ½
B= 60k ½
Remember: kutob rana kang F and C. No representation.
R= 60k ½
For IC, only parents can inherit. No ascendants.
X= 0
Not like for LC – parents or ascendants.
Nephews and nieces can represent.
2. If F and C also died
Except if s/he is IC th
Go to relatives to the 5 degree and other legal heirs.
If you are an IC, all persons legitimately related from your
This is by inference because you do not find brothers and
father or mother; those are the persons whom you cannot
sisters in the provision.
inherit.
Only 993 and 994 are devoted for IC.
He who wants to claim from an illegitimate must establish his
ART 994
In default of the father or mother,
relation.
an illegitimate child
--shall be succeeded by his or her surviving spouse Finally, if there are no relatives, the state will inherit.
who shall be entitled to the entire estate.
But the state is lenient. You are given 5 years from the time of
If the widow or widower death to establish filiations.
should survive with brothers and sisters, nephews and nieces,
she or he
--shall inherit one-half of the estate, and
Remember that there are no illegitimate grand parents
the latter recognized by law.
-- the other half. (945a)
SITUATION:
X Y are IC
C
/ | \
X Y Z
Can IC X inherit from an IC Y?
Yes. By inference.

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ART 994 SITUATION:
In default of the father or mother, W is wife
an illegitimate child
--shall be succeeded by his or her surviving spouse B is the other woman
who shall be entitled to the entire estate. B bore X.
If the widow or widower X is illegitimate son.
should survive with brothers and sisters, nephews and nieces,
she or he W died
--shall inherit one-half of the estate, and H and B got married
B subsequently bore C and A
the latter
-- the other half. (945a) C and A are legitimate children.
C died.

SITUATION: B_____H_____W
X________W /|\
XAC
W= 120k 100%
XAC are full blood siblings.
This is the same with testamentary. But in relation to A and C, X is illegitimate.
The only difference is the share.
In legal or intestate, there is no prohibition or reduction on 1. If C died
mortis causa. When C died, only A will inherit. Because X id an IC.
X is barred by 992.
ART 995
In the absence of legitimate descendants and ascendants, and 2. If X was subsequently adopted
illegitimate children and their descendants,
whether legitimate or illegitimate, Only A will inherit.
the surviving spouse C has no juridical relation with X.
--shall inherit the entire estate, The improvement of the status of the adopted illegitimate
without prejudice to the rights of brothers and sisters,
nephews and nieces, child is that he will enjoy all the rights of the legitimate with
should there be any, respect to B and H. but not to C.
under article 1001. (946a)

903 3rd par


SITUATION: The legitime of the parents who have an illegitimate child,
XYZ are IC when such child leaves neither legitimate descendants,
nor a surviving spouse,
W is wife nor illegitimate children,
--is one-half of the hereditary estate of such illegitimate child.
X___Y____Z___W
If only legitimate or illegitimate children are left,
the parents
Y= 30k ½ /2 --are not entitled to any legitime whatsoever.
Z= 30k ½ /2
If only the widow or widower survives with parents of the illegitimate child,
W= 60k ½ the legitime of the parents
--is one-fourth of the hereditary estate of the child, and
nd
Necessarily, the brothers and sisters referred in 2 par are IC.
that of the surviving spouse
This is by inference. --also one-fourth of the estate. (n)

In 993 and 994, the decedent is an IC.


And the order of intestate succession of an IC is different
from LC.
1. legitimate children and their descendants
2. illegitimate children and their descendants whether
legitimate or illegitimate.
3. illegitimate parents (no ascendants)
- can be excluded by an IC if decedent is also IC
4. surviving spouse

If the decedent is an IC, the parents will be excluded.

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SUCCESSION
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ART 995 SITUATION:
In the absence of legitimate descendants and ascendants, and X is IC
illegitimate children and their descendants,
whether legitimate or illegitimate, D____W
the surviving spouse /\
--shall inherit the entire estate, X C
without prejudice to the rights of brothers and sisters,
nephews and nieces, Ratio – not followed Legitime
should there be any, W= 30k 2 ¼
under article 1001. (946a) C= 60k 2 ½
Here, only the surviving spouse is left. X= 30k 1 ½ of 1LC
The surviving spouse will get 100%.
NOT FOLLOW 2:2:1!!! Because should not receive less than
In testamentary, there are 4 compulsory heirs. If only 1 is left, the legitime.
you will get ½ of the legitime. The other half is free portion.
In intestate/legal succession, the legal share is the entire There are times that the solution testamentary is the solution
estate. of the intestate.
In effect, there is no more disposable portion.
But if there are brothers in law or sisters in law, then you get
½ - ½ - without prejudice man. SITUATION:
X is IC
ART 996 D____W
If a widow or widower and legitimate children or descendants are left,
the surviving spouse / | \
--has in the succession the same share X C F
as that of each of the children. (834a) Ratio Legitime (complied)
W= 34+k 2 1 of 1 LC
The successors are the legitimate children and the surviving C= 34+k 2 ½ /2
spouse. F= 34+k 2 ½ /2
X= 17+k 1 ½ of 1 LC
SITUATION:
D____W SITUATION:
/\ X is IC
A B D____W
A= 40k 100%/3 /| |\
B= 40k 100%/3 X C F G
W= 40k 100%/3 Ratio Legitime (complied)
W= 26+k 2 1 of 1 LC
C= 26+k 2 ½ /3
SITUATION: F= 26+k 2 ½ /3
D____W G= 26+k 2 ½ /3
/|\ X= 13+k 1 ½ of 1 LC
ABC
W= 30 100%/4
A= 30 100%/4
B= 30 100%/4
C= 30 100%/4

SITUATION:
D____W
|
C
W= 60 100%/2
C= 60 100%/2

Case: Claro Santillon v Perfecta Miranda, et al. GR L-19281


Plural includes singular. Surviving spouse will get the same
share as the legitimate child.

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ART 997 In 997: concurrent heirs are parents and surviving spouse
When the widow or widower In 998: concurrent heirs are illegitimate children and surviving
survives with legitimate parents or ascendants,
the surviving spouse spouse
--shall be entitled to one-half of the estate, and
In both cases, the surviving spouse’s inheritance has
the legitimate parents or ascendants
-- to the other half. (836a) increased.

Noticeably, the surviving spouse is improved 100%. After break.

IN TESTAMENTARY; ART 999


When the widow or widower
SITUATION: survives with legitimate children or their descendants and
F M illegitimate children or their descendants,
\ / whether legitimate or illegitimate,
such widow or widower
T_____W --shall be entitled to the same share as that of a legitimate child. (n)
Legitime
F= 30k ½ /2 The share of the SS is always equal to LC.
M= 30k ½ /2
W= 30k ¼ ART 1000
If legitimate ascendants,
IN INSTESTATE; the surviving spouse, and are left,
illegitimate children
SITUATION:
F M the ascendants
\ / --shall be entitled to one-half of the inheritance, and
the other half
D_____W --shall be divided between the surviving spouse and
FM= 0 the illegitimate children
W= 100% so that such widow or widower
--shall have one-fourth of the estate, and the illegitimate children the other
fourth. (841a)

ART 998 If the heirs left are ascendants, illegitimate children and
If a widow or widower
survives with illegitimate children,
surviving spouse;
such widow or widower In testamentary, the shares would be ½, ¼, 1/8.
--shall be entitled to one-half of the inheritance, and Reason: so that there is something left for the testator to
the illegitimate children or their descendants,
dispose
whether legitimate or illegitimate,
-- to the other half. (n) In intestate succession, legal share is now ¼, at par with the
illegitimate children.
The concurrent legal heirs are illegitimate children and
surviving spouse.
IN TESTAMENTARY; ART 1001
SITUATION: If legitimate ascendants,
X is IC the surviving spouse, and are left,
illegitimate children
T______W
| the ascendants
X --shall be entitled to one-half of the inheritance, and
the other half
W= 40k 1/3 --shall be divided between the surviving spouse and
X= 40k 1/3 the illegitimate children
so that such widow or widower
--shall have one-fourth of the estate, and the illegitimate children the other
IN INTESTATE; fourth. (841a)
SITUATION:
X is IC You read this connection in 995. In 995, if only surviving
D______W spouse is present, all will be given to her. But without
| prejudice to the brothers and sisters and nephews and
X nieces.
W= 60k 1/2 They will concur with surviving spouse. ½ for SS and ½ for4 BS
X= 60k 1/2 regardless of their number.

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SITUATION: AND! This is allowed only in LEGAL OR INTESTATE
W____D___B___R____S___U SUCCESSION.
ALSO REMEMBER, that the legitimate will receive double of
W= 60k ½ the illegitimate.
Walay representation sa ascending. Labi na jud sa collateral.
B= 15k ½ /4
R= 15k ½ /4 2.37. 8-10-10
S= 15k ½ /4 Let’s compare representation in testamentary and
U= 15k ½ /4 representation in intestate.
BRSU are brothers and sisters of the decedent. And the
decedent is the husband of W. INTESTATE:
SITUATION:
Representation by the nephews and nieces are allowed. D
Must concur with an uncle or an aunt /| |\
OW, they will not inherit by representation but inherit in their A B C D
own right. Plus they must be in equal shares,. Not per A= 30k 100%/4
stirpes. B= 30k 100%/4
C= 30k 100%/4
ART 975 D= 30k 100%/4
When children of one or more brothers or sisters of the deceased survive,
they
--shall inherit from the latter by representation, TESTAMENTARY:
if they survive with their uncles or aunts. SITUATION:
T instituted free portion to LC
But if they (NEPHEWS AND NIECES)alone survive,
they T
--shall inherit (IN THEIR OWN RIGHT) in equal portions. (927) /| |\
A B C D
SITUATION: Compulsory Voluntary heir Total
W_____D____B____R____S____U A= 15k ½ /4 15k 30k
/|\ /\ | B= 15k 15k 30k
XYZ KL V C= 15k 15k 30k
1. If D died D= 15k 15k 30k
W= 60k ½
Legitime is 60. Divide by 4, that’s 15k each.
X= 5k ½ /4 /3 Notice that they will receive less than in intestate. Because in
Y= 5k ½ /4 /3 intestate, they will give all.re, only legitime is given.
Z= 5k ½ /4 /3 The free disposable portion is 60k. as voluntary heir, they will
K= 7.5k ½ /4 /2 receive 15k each. (in proportion)
L= 7.5k ½ /4 /2
V= 15k ½ /4 INTETSTATE:
U= 15k ½ /4 SITUATION:
D
2. If U also died / | | \
W= 60k ½ A B C D
| /\ /|\
X= 10k ½ /6 K LM NOP
Y= 10k ½ /6 BCD predeceased
Z= 10k ½ /6 A= 30 100%/4
K= 10k ½ /6 K= 30 100%/4
L= 10k ½ /6 L= 15 100%/4/2
V= 10k ½ /6 M= 15 100%/4/2
N= 10 100%/4/3
Here, they will inherit in their own right. Equally/per capita. O= 10 100%/4/3
Representation in collateral line is exercisable by the P= 10 100%/4/3
nephews and nieces, provided they concur with uncles and KLMNOP will receive by representation. Because
unts. representation in the direct descending.

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2.42.30 8-10-10 ACCRETION
ART 1021
TESTAMENTARY: Among the compulsory heirs the right of accretion
shall take place only when the free portion is left
SITUATION: to two or more of them, or
T instituted LC the free portion to any one of them and to a stranger.
BDC predeceased
Should the part repudiated be the legitime,
T the other co-heirs
/ | | \ shall succeed to it in their own right, and not by the right of accretion. (985)
A B C D
| /\ /|\ Accretion is only to free portion just like in our example.
K LM NOP
Ang legitime diay? Is there accretion?
Compulsory Voluntary heir Total Not allowed. 2nd paragraph.
A= 15k ½ /4 15 (A) 15k (B) 15k (C) 15k (D) 75k
K= 15k ½ /4 15k Therefore by virtue of 1015 the part assigned to one who
L= 7.5k ½ /4/2 7.5k predeceases, repudiates or is incapacitated is incorporated
M= 7.5k ½ /4/2 7.5k to that of his co-heirs.
N= 5k ½ /4/3 5k
O= 5k ½ /4/3 5k In this case, who are the co-heirs of BCD?
P= 5k ½ /4/3 5k A.

The other half is not subject to representation. Therefore A will receive his legitime and 15k from free
Because a voluntary heir transmits no right. portion. The 15k pertaining to B who predeceases will now
Therefore representation refers only on the legitime. be given to A by right of accretion. Also the 15k of B and D
each will also be given to A by accretion.
KLMNOP will inherit by representation. In the representation
of the intestate, all that the person represented would have KLMNOP will not get the free portion because they are not
received are given. co-heirs. They are representatives.

But in testate succession, only the legitime is subject to Representation is not allowed. So the parts left will be given
representation. to the co-heirs. Reference is on 1015. Co-heirs are the other
There is no representation on the free portion. They are legal heirs.
receiving it as a voluntary heir. And a voluntary heir who
dies before the testator or is incapacitated transmits nothing The children are not co-heirs but mere representatives. They
to their heirs. will not receive by way of accretion.

So where will it go? The substance is: representation with respect to


In your book, you will find ISRAI testamentary is allowed only to legitime. There is no
I= instituted heir representation in the free portion. Voluntary heirs result
S= substitutes from the will.
R= representation
A= accretion The co-heirs are the co-legatees and co-devisees.
I= intestate succession
What if representation is unavailing. Like you don’t have any
In this case, the instituted heirs have died. There is no children?
substitute given. There can be no representation on the free That portion will be subject to intestate succession. You find
portion. ACCRETION will then happen. your other relatives
-brothers and sisters, nephews and nieces.
What is the justification for accretion?
ART 1021, first paragraph.
There is no representation on the free portion. But there is
accretion on the free portion.

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The free portion, how do we distribute? August 11, 2010
Accretion, if applicable.
ART 1002
What is the guide for application of accretion? In case of a legal separation,
if the surviving spouse gave cause for the separation,
When there is co-ownership. he or she
shall not have any of the rights granted in the preceding articles. (n)
When is there co-ownership?
When undivided item belongs to different owners. In legal separation, the guilty spouse is the one referred to as
one who cannot inherit. (offending-offended spouse)
If there is no co-ownership, accretion is not allowed.
Intestacy will be followed. The guilty spouse is the one who gave a cause for legal
separation/ facilitated the ground for the other party to file
We will discuss more on these soon. What is important now is for legal separation.
that we know that accretion is only on the free portion.
So you cannot inherit if you committed any of those
enumerated n ART 85 of FC – grounds for legal separation.
As a consequence, you \canot inherit from the innocent
spouse.

Not only legal separation. What about annulment?


It is included as stated in family code.
Art. 63. FC The decree of legal separation shall have the following effects:
(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent spouse shall be revoked by
operation of law. (106a)

So it shall be revoked by operation of law.

The guilty spouse should be understood literally that there is


a criminal case. What you will present is only the decision by
the court that there is legal separation.

So this covers even in the case of annulment.

For the meantime, ang clear is ang legal separation. There


must be actual legal separation proved in the court.
That is to penalize the guilty spouse.

Di ni bag o. Sa 892, testamentary succession, nara gihapon


na.Di lang sa intestate succession, even in testamentary.
If you are the cause of the legal separation, you cannot
inherit from the innocent spouse.

Ex. grounds: homosexuality, infidelity, psychological


incapacity

The difference in legal separation is that you cannot contract


a second marriage. Your marriage bond is not severed at all.

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ART 1003 ART 1006
If there are no descendants, ascendants, illegitimate children, or a surviving Should brother and sisters of the full blood
spouse, survive together with brothers and sisters of the half blood,
the collateral relatives the former shall be entitled to a share double that of the latter
shall succeed to the entire estate of the deceased
in accordance with the following articles. (946a)
SITUATION:
B_____H______W
Who are these collateral relatives?
/\ /|\
1004
D E ABC
H married W.
ART 1004
Should the only survivors be brothers and sisters of the full blood, W bore ABC.
they W died.
shall inherit in equal shares. (947) H married B.
B bore D and E.
SITUATION: BROTHERS AND SISTERS OF FULL BLOOD
1. If C died
D_____B_______R_______S Ratio
D= 20k 1
B= 40k 100%/3 E= 20k 1
R= 40k 100%/3 A= 40k 2
S= 40k 100%/3 B= 40k 2

ART 1005 D and E are half blood siblings of ABC because they have
Should brothers and sisters
survive together with nephews and nieces, same father but different mothers.
who are the children of the descendant's brothers and sisters of the full
blood, PURO LEGITIMATE! Remember that.Legitimate half blood
the former shall inherit per capita, and
the latter per stirpes. (948)
2. If E died
In legal succession, there is representation in the collateral Ratio
line. That is the nephews and the nieces of the decedent. D= 48k 2
A= 24k 1
SITUATION: B= 24k 1
S predeceases C= 24k 1
D_____B_______R_______S
/|\
KLM SITUATION:
B= 40k 100%/3 B_____H______W
R= 40k 100%/3 /\ /|\
K= 13k 100%/3/3 D E ABC
L= 13k 100%/3/3 D and E are IC
M= 13k 100%/3/3 B is the other woman
If H will marry B after W died, will there be legitimation?
B R will inherit in their own right, per capita No. because at the time they were conceived, there was a
K L M will inherit by right of representation. Division is per legal impediment to marry.
stirpes.
Per stirpes, it means that in its totality, in no case shall it D E cannot inherit from ABC.
exceed what otherwise the person represented should have
received.

True that brothers, sisters, nieces and nephews can be


instituted as an heir. Otherwise, they can succeed through
testamentary succession. But if they are not in the will, and
it is testamentary, they will not receive any.

In legal succession, you will notice that they are allowed to


represent.

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ART 1007 ART 1008
In case brothers and sisters of the half blood, Children of brothers and sisters of the half blood
some on the father's and some on the mother's side, shall succeed per capita or per stirpes,
are the only survivors, in accordance with the rules laid down
all shall inherit in equal shares for the brothers and sisters of the full blood. (915)
without distinction as to the origin of the property. (950)
SITUATION:
The concurrent collateral relative are lahlf blood brothers and A___B H__W B__W
sisters of mother’s/father’s side. /\ /|\ >>> /\
A___B H__W B__W D E ABC Z Y
/\ /|\ >>> |
D E ABC Z DEABC inherit in their own right.
A and H died This is not representation.
B and W got married
Representation happens when they cannot inherit and they
Z died have their children to represent them.
D= 24k 100%/5
E= 24k 100%/5 But see to it that their children are legitimate. OW there will
A= 24k 100%/5 be a barrier.
B= 24k 100%/5
C= 24k 100%/5 ART 1009
Should there be neither brothers nor sisters
ABC are half blood brothers and sisters from the mother’s nor children of brothers or sisters,
the other collateral relatives
side. shall succeed to the estate.
DE are half blood brothers and sisters from father’s side.
The latter
shall succeed without distinction of lines or preference
They will all inherit in equal shares. among them by reason of relationship by the whole blood. (954a)

SITUATION:
A___B H__W B__W
/\ /|\ >>> /\
D E ABC Z Y

Z died
Ratio
D= 17k 1
E= 17k 1
A= 17k 1
B= 17k 1
C= 17k 1
Y= 34k 2
Y will get double the share because he is a legitimate full
blood sibling.

All of them are legitimately related because all of them were


born at the tome their parents were born.

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SUCCESSION
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Aug 31, 2010 2. UNITY OF OBJECT
ART 1015 -one and same object but there are two or more called upon
Accretion to inherit
--is a right by virtue of which,
when two or more persons
are called to the same inheritance, devise or legacy, 3. EXISTENCE OF VACANT PORTION
the part assigned to the one who renounces or cannot receive his share, or -ex. the testator has deposit of 10m in PNB. He left the 10m
who died before the testator,
is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. to ABCD.
(n) If ABCD were all living at the time, then they would
receive ¼ each.
ART 1016 But A predeceases or incapacitated.
In order that the right of accretion may take place in a testamentary There will be a vacant portion of ¼.
succession, it shall be necessary:
(1) That two or more persons be called to the same inheritance, or to the ¼ will be added to the share of the other co-heirs, BCD.
same portion thereof, pro indiviso; and The ¼ will be divided by three (proportion).
(2) That one of the persons thus called die before the testator, or renounce -ABCD are co-owners. One of them died or predeceased or
the inheritance, or be incapacitated to receive it. (928a)
incapacitated. As consequence, the share appertaining to
Part of which have already been considered in our lecture him is now passed to the co-heirs by virtue of accretion.
before – accretion. -if there is representation, representation should prevail
over accretion (ISRAI)
**remember that the part that can be represented is the
From the definition, you will gather what is the basis of
legitime. But the free portion cannot be represented.
accretion.
-in this case, for each of them, 2.5m is received by institution
Just like substitution before it is placed in case of predecease
or incapacity or repudiation by one or some of co-heirs or and 88k+ is by accretion. They are receiving it in different
co-owners. It applies also to legacy or devise. capacity

The basis for accretion is the presumed will of the testator, 4. ACCEPTANCE OF VACANT PORTION BY THE HEIRS
-accretion is not an obligation but a right. Therefore, you can
that he intended to give to the other heirs.
refuse.
-accretion is based on presumed will. So di ka makabuot og
Because that is based on the presumed will only, that can be
defeated by the express will of the testator. di mudawat.
-true that this is a right. But a right can be waived.
But let us first understand when is there accretion. -this happens in testamentary succession, but in intestate,
Let’s look at first the requirements. 1016 what happens?
Ex. D died intestate survived by XYZW
How much will each receive from 10m?
It testamentary succession. What are the requisites of
2.5m per person.
succession:
1. plurality of heirs
2. unity of object If one predeceased, simply divide it by three.
3. existence of vacant portion Each of them will get 3.333m.
4. acceptance of vacant portion by heirs If X predeceased, he will no longer receive anything. He
does not have personality. Before you can succeed, the
requirement is that you are at least conceived or living.
1. PLURALITY OF HEIRS
As effect of his death, there is no more free portion.
-2 or more persons are called for the same inheritance
Therefore, in INTESTAE SUCCESSION, THERE IS NO
-they are in the state of co-ownership (undivided share and
right is owned by a number of persons) ACCRETION.
-ex:
a. they buy 1 building. 5 persons are involved. 1/5 is the ART 1018
In legal succession the share
aliquot part of the person who repudiates the inheritance
b. co-heirs are co-owners --shall always accrue to his co-heirs. (981)
c. hunting baboy hass So mangutana ka, repudiate re diay, what if
-because first, before accretion will apply, the heirs are in predeceased?
state of co-ownership, they are actually co-owners of a Precisely, in repudiation, share shall go to co-heirs. So
certain object. accretion takes place in legal succession only if there is
-spiritual share repudiation.
Ngano man diay og predecease?
Walay vacant portion.

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And you will notice a walay incapacity na gikarga sa legal The will of the testator. If there was a will and it says there
or intestate succession. shall be no accretion, then the same shall be followed.
In case you are incapacitated, there is still accretion. This
is without prejudice to representation. Kay mag una ang Why?
representation sa accretion. The basis of accretion is presumed will. So the express will
will prevail over presumed will.
So if one is incapacitated, the same will happen. The The will of the testator even if contrary to the provision of
divisor will be three instead of four. 1015, the law will give way.

But is repudiation gani, sigurado jud na accretion jud and So there are two instances when there is no accretion:
mahitabo kay wa may representation. 1. If the testator will say that there is no accretion
2. If the share given is properly earmarked or individualized
or particularized

When is there no accretion? If they are earmarked, what is given to them in not co-owed.
When the share appertaining to the co-heirs is already They are the heirs of the individual properties assigned to
earmarked or particularized or specifically determined. them. No co-ownership will take place. No accretion will
take place because accretion is predicated to the fact that
Ex. there is co-ownership (undivided share/pro-
ABCD are instituted heirs, D deposited 10m in 4 banks: indiviso/unpartitioned).
China bank 3m to A
PBN 2m to B When is there no longer co-ownership?
Metrobank 4m to C The moment you partition the property, there is no more
BDO 1m to D co-ownership because then you will become the exclusive
A predeceased. owner of the part assigned to you.
Accretion is not applicable because there is earmarking or
particularization. What if fractional shares are given, is there a chance that
accretion will take place?
So if there is earmarking, accretion will not apply. Ex. the testator says: I’ll give ½, ¼, 1/8? Will there be
3m will now be free portion. accretion?
Since there is no accretion applicable, the 3m will go to Yes. You are only given the quantity but you do not know
intestate succession. (ISRAI) which in particular is yours. There can be accretion.

Ex. Ex. in equal shares? Will there be accretion?


If this was a lot, and humana sukda og hingan na sila and Yes. You have not yet identified your part. You cannot
individualized: pinpoint your share. There can be accretion.
A lot no 101
B lot no 102 But once there is partition, there will no longer be accretion.
C lot no 103 Because what will put an end to the co-ownership is the
D lot no 104 partition.
There will be no accretion because the part assigned to them
is already earmarked. ART 1017
The words "one-half for each" or "in equal shares" or any others which,
though designating an aliquot part,
Ex. do not identify it by such description
ABCD are heirs. A predeceases the testator. But there is a will as shall make each heir the exclusive owner of determinate property,
--shall not exclude the right of accretion.
executed by the testator in his lifetime where he says thet In case of money or fungible goods,
there shall be no accretion. if the share of each heir is not earmarked,
In our lecture before, the effect should have been that there there shall be a right of accretion. (983a)
is now a vacant portion. But the testator does not want
accretion to take place. “shall not exclude” gud. So apil na siya sa accretion bisan pag
What will be followed? The will of the testator even if aliquot part na gihatag numerically. Fractional share bah.
accretion is applicable in this case? Or there must be
accretion because the testamentary disposition of the Sauna rana na kung dili equal, wala nay accretion. We do not
testator is contrary to law? follow that now.

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ART 1018 So the principle in testamentary succession, there is no
In legal succession the share accretion with respect to legitime.
of the person who repudiates the inheritance
--shall always accrue to his co-heirs. (981)
How about the free portion of 250k, is there accretion?
st
We are done with this. In legal succession, it will always go to Yes. 1021 1 par.
the co-heirs. Natural kay kung murepudiate ka, wala may
representation allowed. So you go to accretion. Compulsory heir Voluntary heir Total
A 250k 250k 500k
So if the co-heir repudiated, predeceased or is incapacitated, B 250k 250k 500k
and there is no specific designation (even if fractional shares
are given on the bank deposit), there can still be accretion. By institution By accretion

If you say the amount in the right drawer will go to A and left In legitime, no accretion is applicable. But on free portion,
drawer will go to B, walay accretion mahitable ana. Kay accretion is applicable.
earmarked naman daan. The co-heir of A is B. B will receive the free portion of 500k
broken down as follows: 250 by institution and 250 by
ART 1019 accretion.
The heirs to whom the portion goes
by the right of accretion What if we change the situation:
--take it in the same proportion that they inherit. (n)
If the instituted heirs are ABC. C is a stranger.
Compulsory heir Voluntary heir
A 250k 166.66
ART 1021
Among the compulsory heirs the right of accretion B 250k 166.66
shall take place only when the free portion is left to two or more of them, or
to any one of them and to a stranger. C 166.66
Should the part repudiated be the legitime,
the other co-heirs
shall succeed to it in their own right, and By institution 83.33 By accretion
not by the right of accretion. (985)
C will not receive as a compulsory heir.
Art 1021 pertains to testamentary succession The 166.66 of A, will go to co-heirs, B and C. They will receive
83.333 each.
SITUATION:
T
ART 1022
/\ In testamentary succession,
AB when the right of accretion does not take place,
Testator has 2 children. the vacant portion of the instituted heirs,
if no substitute has been designated,
In his will, he stated: Free portion (500k) is given to A and B shall pass to the legal heirs of the testator,
Estate is 1m. who shall receive it with the same charges and obligations. (986)

1. A predeceased T If there is no accretion in testamentary, where will it go?


Legal heirs of testator. Therefore, interstate heirs.
Which part is susceptible to accretion? -ISRAI - LAST I
250k receives by A from free portion.
ART 1023
Is there accretion with respect to legitime? Accretion
shall also take place among devisees, legatees and usufructuaries under the
No. 1021, 2nd par. same conditions established for heirs. (987a)

2. If A repudiated the inheritance


Is there accretion with respect to legitime?
No.
Where will legitime go?
To co-heir, B in his own right
B will now have 500k as his legitime.

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September 7, 2010 ABSOLUTE INCAPACITY
-means you cannot inherit from any person in any form
When is a person said to be capacitated to succeed? whatsoever. You are totally barred.
1. living or at least conceived -REASON: -they have no personality in the first place
2. not incapacitated by law -example: -dead people
-association or entity which are not permitted by
ART 1024 the law creating them
Persons not incapacitated by law -charter creating does not permit the institute to
--may succeed by will or ab intestato.
The provisions relating to incapacity by will inherit. You are a creature of the law. And the law
--are equally applicable to intestate succession. (744, 914) does not allow you. (no 6 of 1027)

ART 1025 Art 1027 no 6 is misplaced. It does not fall with relatives. It is
In order to be capacitated to inherit, in relation to absolute incapacity.
the heir, devisee or legatee (6) Individuals, associations and corporations not permitted by law to
--must be living at the moment the succession opens, inherit.
except in case of representation, when it is proper.
The result of this is absolute incapacity because the law
A child already conceived at the time of the death of the decedent creating you does not allow you to inherit.
--is capable of succeeding provided it be born later
under the conditions prescribed in article 41. (n)
Who can inherit?
Must be a person, natural or juridical.
1. LIVING OR CONCEIVED
But if the law creating the juridical person does not allow it
So the heir must living or at least be conceived at the time
to inherit, it cannot.
the succession opens.
Living means you are alive.
RELATIVE INCAPACITY
-You are not permitted to inherit from a certain person by
ART 41 FC
For civil purposes, the fetus is considered born if it is alive at the time it is reason of your relation. You may not inherit from a certain
completely delivered from the mother's womb. However, if the fetus had an person, but from other persons, you are capacitated.
intra-uterine life of less than seven months, it is not deemed born if it dies -It is in case to case basis.
within twenty-four hours after its complete delivery from the maternal
womb. -example: guardian
Confessor
You may also be conceived already. Because in ART 41 – you
are considered living for those whose purpose is favorable Undue influence is the reason behind 1027.
to it. 1027 and 1028 applies only to testamentary succession that
Or if there was premature delivery of 7 months, the baby does not apply to the legitime. It applies only to the free
must be living for at least 24 hours in order to acquire portion.
juridical personality. 1032 applies both to testate and intestate
Actually what determines personality is birth.
When you are dead, you no longer have personality. BY REASON UNDUE INFLUENCE
ART 1027
The following are incapable of succeeding:
2. NOT INCAPACITATED OR DISQUALIFIED BY LAW (1) The priest who heard the confession of the testator during his last illness,
Second one is that the person must not be incapacitated by or the minister of the gospel who extended spiritual aid to him during
law. the same period;
(2) The relatives of such priest or minister of the gospel within the fourth
This means you are not disqualified by law to inherit. degree, the church, order, chapter, community, organization, or
Soon enough we will know who are incapacitated. institution to which 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
-KIND OF INCAPACITY approved, even if the testator should die after the approval thereof;
1. absolute nevertheless, any provision made by the ward in favor of the guardian
2. relative when the latter is his ascendant, descendant, brother, sister, or spouse,
shall be valid;
a. by reason of undue influence 1027 -5 (4) Any attesting witness to the execution of a will, the spouse, parents, or
b. by reason of public policy 1028 -3 children, or any one claiming under such witness, spouse, parents, or
c. by reason of unworthiness 1032 -8 children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care
d. by operation of law of the testator during his last illness;
(6) Individuals, associations and corporations not permitted by law to
inherit. (745, 752, 753, 754a)

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(1) The priest who heard the confession of the testator during his last illness, Qualification: before approval of financial account
or the minister of the gospel who extended spiritual aid to him during the
same period; Financial account is made by the guardian upon termination
‘priest’ -because we are dominantly roman catholic. And we of guardianship respecting financial matters handled by him
have the practice of confessing while being a guardian.
‘minister of the gospel who extended spiritual aid’- embraces If it is approved, there is no more authority.
all religion. It need not be confession.
(4) Any attesting witness to the execution of a will, the spouse, parents, or
children, or any one claiming under such witness, spouse, parents, or
If you are a priest, after the confession, the confessor (priest children;
who administered the confession) is one of the beneficiary. INTRUMENTAL WITNESS IN WILL
That confessor cannot receive. Because undue influence is -includes spouse, parent, children, or anyone claiming from
conclusively presumed by law. these persons
This is familiar from the provisions for witnesses.
‘last illness’ -that which the testator died. Sakit na iyang
namatyan.
(5) Any physician, surgeon, nurse, health officer or druggist who took care of
the testator during his last illness;
Reason: because there are enterprising priest who may MEDICAL WORKER WHO TOOK CARE
capitalize the religion who might induce the testator for the ‘druggist’: pharmacist
purpose of selling his soul.
Even the children of the testator are covered in the
There is no need to prove there is undue influence prohibition, even if there is moral obligation to take care of
(conclusively presumed). You only need to prove he had them.
confession with him before he died. The visit should be periodic, not isolated to qualify as
Therefore, if there is a will before the confession, then the someone who took care. There should be a sense of
priest is not anymore prohibited because you cannot say continuity to the service rendered.
that the priest has exercised undue influence. Because when
you confess, it is believed that in that point in time, undue These are strictly interpreted because these provisions are in
influence was exerted. derogation of the natural right to inherit.

(2) The relatives of such priest or minister of the gospel within the fourth (6) Individuals, associations and corporations not permitted by law to
degree, the church, order, chapter, community, organization, or institution to inherit.
which such priest or minister may belong; NOT PERMITTED BY LAW TO INHERIT
This covers relative of priest within the fourth degree, or Absolute incapacity because the law creating prohibits from
group where the priest is a member. They are barred from inheriting. This is not relative incapacity.
inheriting.
So murag nangmung ra ang pari. Wa jud tay sala. And sala Therefore, from any person, for whatever nature of property,
nato kay relative nato ang pari? you cannot inherit.

(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 BY REASON OF MORALITY
provision made by the ward in favor of the guardian when the latter is his ART 1028
ascendant, descendant, brother, sister, or spouse, shall be valid; The prohibitions mentioned in article 739,
GUARDIANS concerning donations inter vivos
--shall apply to testamentary provisions. (n)
This is understandable because guardians have moral
ascendancy over the ward.
Does not enumerate but gives cross reference on donation
ART 739 on donation- who are the persons who cannot be
Consolation: not at all disqualified. If your guardian is your
donor or done.
ascendant, brother, sister or spouse, they can still receive Art. 739. The following donations shall be void:
inheritance. (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
Reason: undue influence employed by the guardian. consideration thereof;
(3) Those made to a public officer or his wife, descedants and ascendants, by
Remedy if there is a person/stranger who exerted undue reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be
influence: it is a ground for nullification of the will in 839 brought by the spouse of the donor or donee; and the guilt of the donor and
donee may be proved by preponderance of evidence in the same action. (n)

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These are donations which cannot be made between them. In (1) Parents who have abandoned their children or induced their daughters to
lead a corrupt or immoral life, or attempted against their virtue;
739 is donation intervivos.
There are three situations in number 1:
PARENTS who have
Now, donation man gihapon and succession but donation
a. ABANDONED
morts causa mani. Therefore effective upon the death. So
-does not necessarily mean endangers the life
we modify 729.
-broad term: neglected something which is necessary for
the development of the child
1. Guilty of adultery or concubinage at the time of making of
-ex. you still let him live in your house but you don’t let
the will.
him go to school
2. Guilty of criminal offense in consideration thereof
-support is anything that indispensible for sustenance,
3. In favor of public officers by reason of public office
dwelling, clothing, medical attendance, education or
transportation
For purpose of nullifying the institution as an heir based on
1.25.04
the ground of adultery and concubinage, the nature of the
b. INDUCED TO LIVE A CORRUPT AND IMMORAL LIFE
action is a civil case. PREPONDERANCE OF EVIDENCE is
-if it is the will of the child to live a corrupt and immoral
sufficient to establish the will, not proof beyond reasonable
life, it does not disinherit the parents, although
doubt because they are not prosecuted criminally.
admittedly there is failure on the part of the parent to
rear his child
Institution is void because it bounders on moral institution.
c. ATTEMPT AGAINST VIRTUE
3 cases where there is concubinage (crim) (2) Any person who has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;
CONVICTION AGAINST LIFE
UNWORTHINESS -convicted against life of Testator
ART 1032 Spouse
The following are incapable of succeeding by reason of unworthiness: Ascendant
(1) Parents who have abandoned their children or induced their daughters to
lead a corrupt or immoral life, or attempted against their virtue; Descendant
(2) Any person who has been convicted of an attempt against the life of the For you to become an unworthy heir, you attempted against
testator, his or her spouse, descendants, or ascendants; any of their lives. But you need conviction, and
(3) Any person who has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been pronouncement of court s already final. So if it still on
found groundless; appeal, it is not a constituted ground. It is not yet final. The
(4) Any heir of full age who, having knowledge of the violent death of the appellate court may still reverse the decision. Wait for the
testator, 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 result of the appellate court.
cases wherein, according to law, there is no obligation to make an accusation; IOW your capacity to succeed is vested twice: (both must be
(5) Any person convicted of adultery or concubinage with the spouse of the complied)
testator;
(6) Any person who by fraud, violence, intimidation, or undue influence 1. at time of death of testator
should cause the testator to make a will or to change one already made; 2. at time of resolution of the appellate court
(7) Any person who by the same means prevents another from making a will, -final judgment is awaited (possibility of overruling the
or from revoking one already made, or who supplants, conceals, or alters the
latter's will; judgment of the lower court)
(8) Any person who falsifies or forges a supposed will of the decedent. (756,
673, 674a) ART 1034
In order to judge the capacity of the heir, devisee or legatee,
Here you are prohibited from inheriting because from your his qualification at the time of the death of the decedent
acts, you are considered unworthy. This is familiar to you --shall be the criterion.
because this is a ground for disinheritance. In cases falling under Nos. 2, 3, or 5 of Article 1032,
--it shall be necessary to wait until final judgment is rendered, and
1.13.01 09-07-10
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 compliance with the condition
--shall also be considered. (758a)

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Generally, you need to be capacitated only at the time of the (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
death of the testator. latter's will;
Except in 2, 3, and 5 of 1032where you also need to have PREVENT FROM MAKING OR REVOKE, SUUPLANT, CONCEAL,
capacity at the time of the resolution of the appellate court. ATLERS
-supplant-to add somthing
Final means that the period has already lapsed and there is -conceal-to hide
no appeal. After final judgment, there will be execution -alter-to modify what has been provided
-this is the same as fraud because without knowledge on the
(3) Any person who has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been part of the testator, you change his will.
found groundless;
UCCUSED CRIME PUNISHABLE BY 6 YRS AND FOUND (8) Any person who falsifies or forges a supposed will of the decedent.
GROUNDLESS FALSIFY OR FORGE
Act that made him unworthy: imputed a crime against the -forge-gisundog
person of the testator which carries a penalty of 6 years or -falsify-to alter what has been said or to make another 1.
more
Then, found to be groundless. 2.04.54 09-07-10
Worse if you fabricate a crime. Anything without knowledge or without approval will make
you unworthy as it is part of concept of fraud. Will making is
a-c Common denominator: incapacity to succeed free and voluntary. No influence and based on his own will.
undue influence, immorality, unworthiness. All of those from 1 to 8 except number four, the basis is
But be it known that 27 and 28 is applicable only on unworthiness because of the act committed to will or to
Testamentary succession referring to your free portion. testator.
That does not deny you of your legitime. Remember that
legal succession is based on operation of law and it is not 1027 refer only to free portion
from the testator. 1032 refer to legitime and free portion

But what is the cure of unworthiness? If in disinheritance


(4) Any heir of full age who, having knowledge of the violent death of the needs reconciliation, how about unworthiness? In
testator, 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 disinheritance, factor ka kung kanus a nimo tunlon imong
cases wherein, according to law, there is no obligation to make an accusation; garbo, og managyo kag pasaylo. But in unworthiness, mag
FAILURE TO REPORT DEATH agad ka niya.
-it is the fiscal who has the due to make accusation
ART 1033
The cause of unworthiness
(5) Any person convicted of adultery or concubinage with the spouse of the shall be without effect
testator; if the testator had knowledge thereof at the time he made the will, or
CONVICTED OF ADULTERY OR CONCUBINAGE W/ SPOUSE OF if, having known of them subsequently, he should condone them in writing.
TETSTATOR (757a)
If brother was caught with your wife, brother cannot inherit
because he is unworthy-guilty of adultery or concubinage Condonation should be in writing.
with spouse.
What about the wife? There are two kind of condonation:
She can still inherit. 1. Implied condonation
By operation of law happens when the guilty spouse gives 2. Express condonation
cause for the separation or annulment.
Conviction will not result in annulment or separation. ‘In writing’ is an express condonation.
Here, she gave cause but there is no separation or
annulment. Wa man nikiha ang bana. It will only happen if There is also condonation that is in writing. Example, if the
here is a petition for that purpose. testator knew about the act that will make you unworthy.
But notwithstanding of the act that you have committed,
you are instituted as an heir. If so, the act of instituting the
(6) Any person who by fraud, violence, intimidation, or undue influence
should cause the testator to make a will or to change one already made; person who is unworthy is an implied condonation.
FVIU CAUSED TO CHANGE OR MAKE WILL The act of instituting an unworthy heir with full knowledge he
-vitiated consent is unworthy is an implied condonation.

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In unworthiness, pardon should be in writing, unless of Within 5 years from the time the incapacitated heir took
course you are instituted with full knowledge that you are possession of the property.
an unworthy heir, which is allowed as an implied
condonation. ‘Disqualified person’ means inspected heir.
In disinheritance, reconciliation need not be in writing. There ‘Interested person’ means any person who may have a right
is only restoration of one’s feelings. to that estate. It may be in the concept of legatee, devisee
or an ordinary heir, who has a right to the share of the
1032 applies not only to the free portion BUT ALSO TO THE estate.
LEGITIME. If you are an unworthy heir, you are deprived of
all entitlement. That means you receive nothing. ART 1052
In effect mura siya disinheritance. And disinheritance lang If the heir repudiates the inheritance to the prejudice of his own creditors,
the latter
magbuhat pa og will. may petition the court to authorize them to accept it in the name of the heir.

I have noticed that some of the grounds of unworthiness are The acceptance
shall benefit the creditors
also the grounds of disinheritance. How do we resolve only to an extent sufficient to cover the amount of their credits.
these?
If it is disinherited by will, it shall be governed by the law of The excess, should there be any,
shall in no case pertain to the renouncer,
disinheritance. So how do you cure it? Reconciliation only. but shall be adjudicated to the persons to whom,
If you will does not disinherit, the law will disinherit that in accordance with the rules established in this Code, it may belong. (1001)
unworthy heir for you. So how do you cure it? With 1032.
Pardon should be in writing. Is a creditor an interested party?
No. Wala siyay labot sa estate itself.
Consent means to approve before the act is done.
Condonation means to approve after the act was done. If the heir has big debt, and he would renounce his
Condone or pardon is the same. inheritance to avoid payment of the creditor, what should
the creditor do?
But forgiveness under 33 is in writing, unless if there is The creditor may petition before the court that he be
implied condonation. allowed to accept the inheritance in the name of the heir
If there was already a will then the condonation needs to be that he may be permitted to accept it in behalf of the heir.
in writing.
Why?
Conclusion, it all depends on testator to avail of The act of renunciation is prejudicial to the creditor. This is
disinheritance or to leave it to the law. To restore rights for protection to creditor.
depends on how heir was not allowed to inherit.
You are at the mercy of the repudiating heir. Magpaabot ka if
ART 1040 dawaton nalang niya o dili.
The action for a declaration of incapacity and Your acceptance will retroact top the death of the testator.
for the recovery of the inheritance, devise or legacy
shall be brought within five years
from the time the disqualified person took possession thereof. Coverage on the exam:
Legal or intestate 960-before accretion 1015
It may be brought by any one who may have an interest in the succession.
(762a)

What will happen if the person is incapacitated but was


instituted despite his incapacity?
If you are incapacitated based on 27, 28 or 32, any person
interested on the estate may bring an action before the
court.

What is the action?


Action for declaration of the incapacity of the heir and
recovery of inheritance. So you prove that he is
incapacitated so that there will be a judicial pronouncement
or judicial institution

When will you file?

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September 8, 2010 The co-heir will get damages commensurate to the value of
the property. You are made to pay because you are an
Last night we talked about how to erase unworthiness. unworthy heir.
Pardon must be done through writing, or institution
notwithstanding knowledge of unworthy heir. So what is the idea? Before the transaction, you wait for the
result of the action for the declaration of incapacity.
Why did we mention disinheritance? So better if you have notice of lis pendens.
The effect of disinheritance is it deprives the heir everything.
32, Unworthiness applies to testate and intestate. This is
Unworthiness will also deprive the heir of his legitime as well different to 57 and 28 that applies only to testamentary
as free proportion. In effect, he will not be receiving respecting only the free portion and you can receive the
anything. legitime.

It shall be governed by disinheritance if you disinherit him. The child may be unworthy but his siblings may still allow him
to receive properties. Blood is thicker than water. This does
But if you were not able to disinherit him, the law will effect not qualify as a donation. It’s just that they will allow the
the disinheritance for him. Practically, you can call this legal cause for unworthiness to pass. You did not avail of the
disinheritance because you cannot receive any. ground to make him unworthy.

Just because he is unworthy, is that automatic? He will inherit on his own right, if at all the other siblings are
No. passive about his unworthiness because there is no person
You are to bring an action before the court. questioning his capacity to inherit. Therefore, he stands
capacitated. Wala may nag question. The presumption is you
What is the name of the action? are capacitated; it needs to be proved before the court. As if
Action for declaration of incapacity and recovery of there is no ground for incapacity
inheritance/legacy/devise.
ART 1040
So there is a chance that before deliberation of the court, The action for a declaration of incapacity and
for the recovery of the inheritance, devise or legacy
there will be a declaration of exclusion. Meaning, you will be shall be brought within five years
excluded from receiving the inheritance. from the time the disqualified person took possession thereof.

It may be brought by any one who may have an interest in the succession.
But before the deliberation, there is a chance that the (762a)
incapacitated heir will obtain possession of the share
appertaining to him because there is yet no judicial What time to file the action?
declaration of exclusion. Within 5 years from the time the incapacitated heir took
possession of the property, actually or constructively.
If the unworthy heir took possession of the property and sold
it to the buyer in good faith, what is the status of the If there is failure to file an action, that would mean, you lose
transaction? What can the co heirs do. your right forever. You can no longer question and that
This is entered into by an unworthy heir if he took unworthy heir can inherit just the same.
possession and sold it before there had been deliberation
and later on the court issued a judicial declaration of
exclusion. If the unworthy heir is also a compulsory heir, he cannot
In effect, co heirs are denied of what they are entitled. receive anything including the legitime, however his children
can represent him on the portion of the legitime. The free
What is your liability? portion cannot be represented.
You are liable for damages to your co-heirs. What they
cannot receive materially, that is converted to monetary Remember that there can be representation if:
equal to the value of the property received and alienated. Predecease
Incapacity
You cannot take it back from the purchaser. Disinheritance
Why not?
Remember that the purchaser is a purchaser in good faith
and for value.

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Here, what the children may represent is the legal share of
which they are entitled to.
In testamentary succession, only the legitime is subject to
representation.
But in case of intestacy, all that the unworthy heir is entitled
to receive as a legal heir is to be represented.

Example, the estate is 90 k and there are three children.


In testamentary, the legitime is 45k, making 15k share per
child. Because he is A unworthy heir, he cannot receive the
15k but he may be represented by his son.
But on the free portion that is to be divided equally among
siblings cannot be represented because A is a voluntary heir.
He transmits nothing to his heirs.

In intestate succession, each of them will receive 30k each.


That can be represented by his son as a whole.

PRINCIPLE:
In testamentary succession, only the legitime can be
susceptible to representation.
In legal or intestate succession, the entire legal share can be
the object to representation.

CONCLUSION:
Mas dako and imong marepresent kung ngara ka sa intestacy.

BUT IF YOU REPUDIATE, there is no representation


permissible. Legal or testamentary, a person who repudiated
his share cannot be represented.

In testamentary succession there is no representation with


respect to the nephews and the nieces of the decedent. The
representation is by the descending line.
But in intestacy, the nephews and nieces may represent
provided that they concur with an uncle or an aunt. OW,
they will inherit in their own right of representation.

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September 14, 2010 (recordings cut) ART 1044
Any person having the free disposal of his property
may accept or repudiate an inheritance.
Nature in matters pertaining to acceptance and repudiation:
1. Purely voluntary and free (1041) Any inheritance left to minors or incapacitated persons
2. Retroactive effect (1042) may be accepted by their parents or guardians.
3. (1043) Parents or guardians
4. Capacity to accept or dispose (1044) may repudiate the inheritance left to their wards
only by judicial authorization.
ART 1041 The right to accept an inheritance left to the poor
The acceptance or repudiation of the inheritance shall belong to the persons designated by the testator
is an act which is purely voluntary and free. to determine the beneficiaries and distribute the property, or
1. Purely voluntary and free (1041) in their default, to those mentioned in Article 1030. (992a)
-voluntary means you own will/volition
-free means independent external interference acceptance repudiation art
persons under guardianship guardian judicial approval 1044

ART 1042 corporation, institution legal separation judicial approval 1045


The effects of the acceptance or repudiation deaf mute not know how to read/write guardian judicial approval 1048
shall always retroact to the moment of the death of the decedent.
2. Retroactive effect (1042)
4. Person accepting or repudiating must have capacity to
-retroactive is the magic word
dispose (1044)
Who can accept, who can repudiate?
The BOD adopted a resolution to be adopted today to
The person accepting or repudiating must have capacity to
increase the salary of all the employees, retroactive jenuary
dispose.
today.
What is the meaning of retroactive?
Is it possible that you are the owner of the property but you
To retrace back. The resolution is on September but the
don’t have right to dispose?
effect starts from January.
Yes.
If you don’t have right to dispose, it is as if you are not the
As to effect; if you do accept today, Septempber 14 and the
owner, because that is the essence of ownership.
testator died aug 1, it is as if you accepted or repudiated in
aug 1. Meaning simultaneous to the death of the testator or
Ex. You are a minor (incapacitated). By virtue of succession,
decedent.
you own the property. But as an owner, you do not have
That is the effect. After all the right to succession is effective
legal capacity to dispose for lack of legal capacity to dispose.
upon the death of the decedent.
Who are incapable of giving consent?
What is the purpose of retroactivity?
1. minor
To avoid vacuum with respect to property ownership, that’s
2. civil interdiction
why is simultaneous to the death.
-in criminal law :It is an accessory penalty if the penalty is
It is made by fiction of law.
12 years or more
The character of continuity is maintained.
-effect: :denial of all you rights,
loss of parental authority,
3. (1043)
not be able to dispose inter vivos.
ayaw lang sa ni. We skip this.
-But you can execute a will
The question here is: When are you going to accept or
Reason: :because the will is effective mortis causa.
repudiate?
If you do not have capacity to dispose, you cannot repudiate
nor accept.
So how can you accept?
You guardian can receive in you behalf.
You must have free disposal of the thing
If you are civilly interdicted or minor, you cannot dispose. If at
all, the contract is voidable.
Because usually
If youy are the owner you carry with it capacity to dispose.
Yet you will find now an owner who cannot dispose

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SUCCESSION
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17.01
1043 Art 1045
Before you accept or repudiate, what is essential? This talks about corporation and entities allowed to inherit.
This is different on the capacity to succeed where you will Their acceptance is made bytheor legal representative.
need to be living or conceived and not disqualified by law While their repudiation also needs judicial approval
43 answers that. You need 2 things.
First, you must be certain of the death of the person from 1046
whom you will inherit. Next is public official and governemt, GOCC.
Second, you must be certain of your right. They will decide if they accept or not. Because you are under
their supervision
On the death, just because you see him not moving, would
you say he is death? Ask for certificate of death. Competent 1047
doctor will pronounce it. Married woman may on her own accpt or repudiate because
Legally speaking, you need a certificate from a competent that is exclusive property.
doctor. That is how you prove the death of a person. This is In family code, 92, what are excluded in community
a matter of proof. property?
Those acquired during marriage, by gratuitous transfer exceot
Second, you must be certain of your right. How? What If you if the transferor provided that it be part of the community
are not his child? property.
You would say that before he died, he told you he favored
you in his will. That is not enough. Remember, will is Other exclusive property would be the articles of personal
essentially revocable. use, property before marriage acquired from a prior
If at all there is a will, make sure you are there and make sure marriage.
that the will is not revoke. That is assuming you are a But in community property, you should get the consent of the
stranger and not a relative. This invokes your knowledge on husband.
intestacy. This is ‘married woman’ because before, married woman are
prohibited from accepting donation without consent of the
4. before acceptance or repudiation (1043) husband.
a. must be certain of death of testator or decedent
b. must be certain of his rights to the inheritance 1048
Deaf mute who knows how to read and write he by yourself
the question, when is a person capacitated? can accept or repudiate.
Must be living or at least conceived and not disqualified by
law. But if deaf mute cannot read and write, judicial approval is
again needed
When is a person capacitated to succeed?
The two requisite of death and rights will apply. Let’s go to form of acceptance
1049
These are highlights regarding acceptance or repudiate. If you accept, it can be express or tacit.
When you say express acceptance, it should be in writing,
Acceptance is simplier than repudiation. notariado o dili.
Acceptance, something is added to you When you say implied/tacit, it is by inference, the act
Repudiation is protected by law because there is something performed by the heir, gives us deduction that he has
lost on the heir. accepted.

Art 1044 2nd par. The third one is in 1057, presumed acceptance.
This answers who can repudiate If you do not say or do anything, within 30 days, you are
Parents pr guardians can accept deemed to have accepted the inheritance.
But in repudiation, there should be approval from the court.
There cannot be unilateral act by parent or guardian. It falls So the classification is
to prejudice the heir. Expres
Implied
Therefore persons under guardianship, in acceptance, the Presumed
guardian and parents can unilaterally act but in repudiation,
there should be judicial approval. What are the acts that would show acceptance

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1050 gives the specific acts that implies acceptance But in case the heir dies, who will accpt or reject. Is the right
Selling of the share transmissible.
Because selling can only be done by the person of an owner Answer is in 1053
Donation of share The right is transmissible
In same way, you are transferring ownership The heirs of the deceased will decide.
Assigning of share The point is the right to accept or repudiate is transmittable
Because succession is transmissible rights and obligations
All these three can only be done by the owner. 1055
Implied acceptance are any act which can only be done by an
owner. T
/\
After break. AB
1049 In 911
In implied acceptance, Th elegitime of a and b is 60k
Whn you renounce, there is o representation,there will be Compulsory heir voluntary heir
accretion A 30 30
So if you renounce for the benefit of co-heirs, the result is B 30 30
implied acceptance. Because when you renounce in their
favor, this connoted disposition., because before you can Then examine the will
dispose, necessarily you have accepted. There is no donation inte vivos
Then you give the device and legacy
In renunciation for a price, apparently there is a In free prortion as a voluntary heir, each will receive equal
consideration. Because of this there is implied acceptance shares
again Therefore two of them are receiving in two capacities, as a
So these are other implied acceptance. compulsory heir and as voluntary heir.
The object of your bounty is you children.
1050
1051 But additionally, A will renounce his capacity as voluntary heir
made in due form (followed the law)
Strict. It should be in public or authentic document or petition
in court. Because a renounced, he cannot receive the free portion.
When you say public instrument, it means it is duly How about the legitime?
authorized. It means that you know what you are doing. Ab intestate means. By operation of law
Because it is signed and sowen before you. Because you have renounced as a voluntary heir, you have
Authentic is separate. It means that it must be established to also renounced your capacity as a compulsory heir. It carries
be a genuine document. It hase reference to the with it.
genuineness of the cocument. Why? Because if you don’t care what the testator has given
It is separated from public, kay naniguro and government. you, would you expect what the law would give you?
Therefore the document must be proven to be genuine and it Compulsory heir is given by law.
is an act of the person whose signature appears thereon.
Why? Because repudiation is an act of disposition. Namay But what if a will renounce his legitime?what happens then?
mawala sa imo. Would it also renounce the free portion?
That is to insure that he understood the consequences of his He is still permitted to accpt the free protion. Provided he did
act. not know that he is instituted heir in the will.

1052 was mentioned before. Legal share.


I have a debt unpaid. i repudiated my inheritance. In the first case, first paragraph you are both voluntary heir
The remedy given to the creditor is to petition to the court and legal heir.
that he be llowed to accept the inheritance in behalf of the
heir to the extent of the credit. (way labot subra) Let’s create a situation where he can receive as a lega heir
and a voluntary heir.
1054 T has a will. (to have a voluntary heir)
Here, there are many heirs, some will accept some may He said that he will give both a and b as voluntary heirs.
repudiate. Walay magbuot. Because it is free and voluntary Voluntary heir legal heir total
A 20k 45k 65k

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B 10k 45k 55k What we have adopted in the last example, is only to adopt
55.
Readily we can say that the whole of 30 will be given because So when the questioninvolves 55, you adopt the last solution.
it is not inofficious. All other matters, adopt the solution with three capacities.
The undisposed portion is 90k
What will we do with 90k. What if fractional share is repudiated?
90 will be divided through intestacy. Tetstator says that tha he will ninstitute his childer ¾ to A ¼
If the testator shall not dispose of entire estate, the to B
remainder shall be given in intestate succession. So what you will do now is to transform these fraction to
amount. You get the amounts from the free portion of 60k
Remember that in estate succession, for the 90k, each child Voluntary heir legal
will receive in equal shares. That means they will receive 45k A 45 30
each as a legal heir B 15 30
980 If A renounce renounce 30 without knowledge that he is also
a voluntary heir, he can still accept the 45k.
In total they have unequal shares If A renounces the 45k, he has also deemed to renounce his
A now repudiated his 20k as voluntary heir. 30k
What will happen to the 45 as legal heir?
He is deemed to have renounced it two. Renunciation of Lets’ now try to solve this based on ordinary rules other than
capacity as voluntary heir carries with it renunciation of 1055
capacity as legal heir. Compulsory heir voluntary heir
A 30 45
Principle: repudiation as voluntary heir carries with it B 30 45
repudiation of legal heir
Reason. What is given to you by law is based on presumed When you apply 55, you will have a problem,. Because if you
will. renounce your legitime, that is not your legal heir.

What if A repudiates share as a legal heir? This does not apply to intestate succession
What happens to the share given to him as a volunatary heir? D
The law says that he can receive the 20k if he does not know /\
hat he is also an instituted heir. AB
‘MAY’ still accept. Therefore that is directory. He can also It does not mention of voluntary heirs.
reject. So there is a chance that he will respect the You will only think of legitime as a guide to make sure that he
generosity of his father. will receive less than the legitime
CONDITION: at the time he repudiated his legal heir, he must
not have knowledge that he inctituted as a volunatary heir. What if you will state clearly that you will only recounce the
share as voluntary heir but not legal heir?
Therefore, if he already knew, his repudiation as a legal heir That may not happen. If you want, just receive them all and
carries with it the repudiation as a voluntary heir. give it to your neighbors.

So, it is a case to case basis., look at the state of mind of the 1056
repudiating heir. It depends now if he knows that he is an When you accept or repudiate, that is irrevocable.
instituted heir. Why?
To maintain stability.
In 55, it aly talks about legal heir and voluntary heir.
So let’s to insert the legitime If the decision is vitiated.
The effect is that it will be revocalbel
Compulsory voluntary legal total
A 30 20 15 65 Another instance is if unknown will appears.
B 30 10 15 55

So you will see three capacities now.


If you adopt this, this is still correct.

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SUCCESSION
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September 15, 2010 Other than donation, what lse is considered as advance
legitime
1057 1069
Presumed acceptance Any sums paid by a parent in satisfaction of the debts of his children, election
expenses, fines, and similar expenses shall be brought to collation. (1043a)

1061
Every compulsory heir, who succeeds with other compulsory heirs, must Debts paid by your parents are also collated because these
bring into the mass of the estate any property or right which he may have are part of legitime
received from the decedent, during the lifetime of the latter, by way of Election expense. If you run for office, these are also advance
donation, or any other gratuitous title, in order that it may be computed in
the determination of the legitime of each heir, and in the account of the legitime
partition. (1035a) Fines and expenses are also advance legitime
Collation If father pays for the land and the buyer’s name in the
document is in the child’s name. that is part of the legitime.
Let’s have installment on every phrase The payment for the renovation or fixing of your house is also
advance legitime.
Estate of testator is worth 60k
During his lifetime, he dame a donation intervivos valued at The basis: all, not just donation, that you have received by
20k in favor of Y, one of his legitimate children. gratuitos title shall be computed and form part of legitime.
At the time of his death, he is survived by Y and X his
legitimate children. Tuition fee is coolatable because that is a natural right of
T gave a legacy to F 10 parent.
Distribute There is no character of donation.
T That is included in their obligation to give support.
/\ Pusuing higher copuse is not a barrier. Because it is more of a
YX moral and natural obligation of parents who are obligated to
give support.

Legitime Volunatry legal total Lodging after you have graduated is collationable. That is no
Y (20k) 15k longer their obligation.
X 20k 15k There is a list on what is collationable and what is not
F 10k
1067
Estate 60 Expenses for support, education, medical attendance, even in extraordinary
illness, apprenticeship, ordinary equipment, or customary gifts are not subject
Donation inter vivos 20 to collation. (1041)

Total distributable estate 80 So these are collationable. Muna kwentahon na siya.

Consistent with 61, those that have been received during It increases you patrimony and decreases the property of the
lifetime is to be brought with the distributable estate. father. That is collationable.
Their legitime would be 20k each
There is fee portion of 40k One of the children is the done. For puposes of collation,
After the legacy, 30k is left to be divided by what is the value entered into? Value at the time of death or
60 is available for distribution. value of the time of donation?
Donation inter vivos is advance legitime. Value at the time of donation
Because donation inter vivos or any transfer by gratuitous Subsequent increase in price is for the benefit of the done.
title is advance legitime.
So anything that you have received gratuitously is part of Like estate tax, the bases is the value at the time of death and
your legitime, and it is called advance legitime not the value at the time of payment (even if after 20 years)

Reason: to include in the determination of the estate, in


account of equality

Collation is only fictional reunion of the value or actual return


of the property

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September 21, 2010 Fines and other similar expenses are also found in 69

We will discuss again collation These below don’t have any article but have the same nature
In 1061, the most familiar transaction is donation which you REMISSION OF DEBT OF THE HEIR
have received during his lifetime. You owe your father but he condoned the obligation
Donation indirect amount paid to satisfy the debt of an heir The debtor accepted. That will extinguish the obligation
election expenses because that is one mode of extinguishing the obligation.
fines and other similar expenses If you paid you would have been poorer by 100m
remission of debt of an heir That is again indirect donation. It will be treated as advance
repairs and improvements of tenements
legitime. Collated.
purchase of an immovable in the name of the heir
wedding gift in excess of 10% of the free disposable
portion REPAIRS AND IMPROVEMENTS OF TENEMENTS
You have your house repaired or extended. Your parents paid
direct or ordinary for 1m. They did not ask for reimbursement.
Your parents advanced the expenses. That is collatable
There are two kinds of donation: because that is advance legitime.
1. direct donation
These are the donations contemplated in 725 PURCHASE OF IMMOVABLE IN YOUR OWN NAME
Purchase of immovable and registered in the name of an heir
2. indirect donation Your father brought a property and it is registered under your
These are – by other gratuitously. name. You are richer by the value of the property
These are not direct donations because it did not follow That amount should be collated.
the forms of donation. But you are receiving it
gratuitously. WEDDING GIFT IN EXCESS OF 10% OF FREE DISPOSABLE
PORTION
YOUR PARENT PAID FOR YOUR DEBT Wedding gift in excess of 10% of the free disposable portion
That is indirect donation. The amount so paid that was not When you get married, you are given gifts. Only in excess of
reimbursed for. 10% of free portion is collated.
It does not follow the form of donation
Under 748 and 749. So it’s like donation. So these are the indirect provisions
Because the law says ‘any other gratuitous title’
Why is it like that?
Because we are going to collate this.
Is collation applicable only to the compulsory heir?
ELECTION EXPENSES No.
That is collated because that is advance legitime If you are a compulsory heir, donations intervivos will be
You were given 100k charged to the legitime. If you are a stranger, that will
charged to the free portion.
EXAMPLE:
Father gave donation of 1m to his favorite son
When he died the estate is already worth 100k, 50k per piece.
But if you total A =50k but B gets 50k plus 1m
That is why we devise a way in order that the determination
of legitime is equal
That is the reason why we collate to determine the
calculation of legitime.

So the law can be easily violated without that law on collation

ART 1069
Any sums paid by a parent in satisfaction of the debts of his children, election
expenses, fines, and similar expenses shall be brought to collation. (1043a)

Election expenses in 1069. These are indirect donation. It is


collationable.
FINES AND OTHER SIMILAR EXPENSES

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SITUATION: The donation given to the stranger shall be charged to the
During the lifetime of D he made the ff donations inter vivos FDP. What is left will be distriburted to legal heirs.
F= 30k to a friend
C= 20k for election expenses to son
D died intestate with net estate worth 70k What if what was given was in excess of the legitime?
Distribute the estate\ SITUATION:
He died intestate leaving LC ABC D
D /|\
/|\ ABC
ABC D gave to F 70 donation inter vivos
The estate is only 50k.
Estate: 70k
Donations: Estate 50k
F 30k Donation 70k
C 20k Total 120k
Total 120k
Had there been no advance donation:
Had there been no advance donation: Legitime Free portion Total
Legitime Free portion Total A 20k 20k
A 20k 10k 30k B 20k 20k
B 20k 10k 30k C 20k 20k
C 20k 10k 30k F 60k 60k
F 30k 30k Total 60k 60k 120k
Total 60k 60k 120k
ACTUAL DISTRIBUTION:
ACTUAL DISTRIBUTION: Legitime Total
Legitime FDP Total A 20k 20k
A 20k 10k 30k B 20k 20k
B 20k 10k 30k C 20k 20k
C __ 10k 10k
40k 30k 70k F 60k
(10) (10k)
F 30k 50k
60k
You cannot give more than the free disposable portion
908, 910 – donations to compulsory heirs shall be charged to because that will impair the legitime.
the legitime. Because it is in excess, the donation shall be reduced to
Donations to the stranger will be charged to the free satisfy the legitime.
disposable portion. When donation is inofficious, it exceeds the free disposable
portion and impairs the legitime. It can even be totally
Collation refers to fictional or mathematical additions to the revoked when it is necessary like when the heirs left are 1
legitime. While collation is 61 refers not only addition but LC, 1IC and SS (there if no free portion).
including returning any excesses. Therefore, it forms part of Dili stable ang donation. It involves actual returning also.
the process.
In art 911, it sets the order of distribution. It is the legitime
So you bring the two donations into the mass of the estate. always. Therefore we do not respect donation if the legitime
The distributable estate now is 120k. collate the donation is lacking.
intervivos whether given to a stranger or a compulsory heir.
Who can file the petition for revocation?
Let us first distribute the legitime. It is 50% of net The compulsory heirs. “the same”
deitributable estate. 60k will give 20k per person. Byt ART 907
because C already received advance legitime, he will not Testamentary dispositions
that impair or diminish the legitime of the compulsory heirs
receive the 20k. Donation to the compulsory heir shall be --shall be reduced on petition of the same,
charged to the legitime. insofar as they may be inofficious or excessive. (817)

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Creditors cannot file for revocation. The can file for claims The 12k shall not be considered as advance legitime. It will be
against the estate. imputed on the FDP. It is free.
28k is the excess of 10% of FDP. This will be considered
What value? advance legitime.
Value at the time of donation

At the time he donated, he had no children or spouse. Later


on a child was born. The basis is at the time of the death if
he had no compulsory heir.
ART 960
Every donation inter vivos, made by a person having no children or
descendants, legitimate or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced as provided in the next article, by the
happening of any of these events:

WEDDING GIFT
ART 1070
Wedding gifts by parents and ascendants consisting of jewelry, clothing, and
outfit, shall not be reduced as inofficious except insofar as they may exceed
one-tenth of the sum which is disposable by will. (1044)

ABC are legitimate children of D. When A got married in


2005, D gave her a wedding gift consisting of jewelry worth
40k. Later D died intestate. The value of his estate is worth
200k. Distribute the intestate estate

40 shall not be collated because it is qualified – in excess of


1/10.
How do we know the free disposable portion?
Let us first establish the net distributable estate.

Estate 200k
Wedding gift 40k
Net dist estate 240k

Legitime 120k
FDP 120k
10% of FDP 12k
Excess of 10% 40-12= 28k

Had there been no advance donation:


Legitime Free portion Total
A 40k 40k 80k
B 40k 40k 80k
C 40k 40k 80k
Total 80k 80k 240k

ACTUAL DISTRIBUTION
Legitime FDP (120-12) Total
A 12k (40-28) 36k 48k
B 40k 36k 76k
C 40k 36k 76k
Total 92k 108k 200k

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SUCCESSION
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September 22, 2010
ART 1066 (refer to article above)
Not all received gratuitously are subject to collation. By You also don’t collate this; the done is the spouse of the child.
provision of law, there are some items which you receive First line, who is the done?
also gratuitously from parents which are not subject to Daughter in law/spouse of the child.
collation.
Reason is that it is not the decedent’s son who received. They
1. 1063-given through will have different personality. The daughter in law is not a
2. 1064 compulsory heir of the father in law (decedent).
3. 1065-given by ascendant to descendant
4. 1066-given to the spouse of the child But if that is jointly donated to the spouses, then ½ shall be
5. 1067-support collated because that part was received by him.
6. 10% of FDP for wedding gifts
8. 1068-vocational/professional and other career 10% of FDP ON WEDDING GIFT.
These are also not collationable. Only the amount in excess of
Art. 1063. Property left by will is not deemed subject to collation, if the 10% is collationable.
testator has not otherwise provided, but the legitime shall in any case remain
unimpaired. (1037)
Art. 1064. When the grandchildren, who survive with their uncles, aunts, or The point is, not all those received during lifetime is
cousins, inherit from their grandparents in representation of their father or collationable.
mother, they shall bring to collation all that their parents, if alive, would have
been obliged to bring, even though such grandchildren have not inherited the
property. ART 1067 (refer to article above)
They shall also bring to collation all that they may have received from the Support in 194. –support: education, medical attendance,
decedent during his lifetime, unless the testator has provided otherwise, in
which case his wishes must be respected, if the legitime of the co-heirs is not sustenance, clothing, dwelling, transportation
prejudiced. (1038)
Art. 1065. Parents are not obliged to bring to collation in the inheritance of Who are obliged to give support?
their ascendants any property which may have been donated by the latter to
their children. (1039) Parents and their children L/I (descendants L/I)
Art. 1066. Neither shall donations to the spouse of the child be brought to
collation; but if they have been given by the parent to the spouses jointly, the Therefore your parents have legal, moral, and social
child shall be obliged to bring to collation one-half of the thing donated.
(1040) obligation to give support.
Art. 1067. Expenses for support, education, medical attendance, even in
extraordinary illness, apprenticeship, ordinary equipment, or customary gifts This does not acquire the character of donation.
are not subject to collation. (1041)

ART 1063 (refer to article above) ART 1068


Expenses incurred by the parents in giving their children a professional,
These are properties given to you through will. vocational or other career shall not be brought to collation unless the parents
This is still gratuitous but it is not intervivos. It will only take 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
effect upon the death of the testator. What is to be collated
house and company of his parents shall be deducted therefrom. (1042a)
are those received gratuitously during the lifetime of the
decedent.

ART 1065 (refer to article above)


SITUATION:
D
/\
AB
|
X

If you are A, are you going to collate those that were received
by him during his lifetime.
The property given by the grandfather to grandchild will not
be collated. Reason: because the child is not the recipient of
the donation.
X is a stranger with respect to being the compulsory heir of D.
So if the donation to X impairs the legitime, then the
donation may be reduced or revoked

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SUCCESSION
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September 29, 2010
ART 924 Administrator is appointed by the court.
All things and rights which are within the commerce of man If no body is charged, it is the estate or the executor or
--be bequeathed or devised. (865a)
administrator.
Personal property can be bequeathed.
ART 926
Real property can be devised. When the testator charges one of the heirs with a legacy or devise,
he alone
What personal or real property may be given? --shall be bound.
All things within the commerce of men susceptible to Should he not charge anyone in particular,
appropriation can be the object of a legacy or device. all
--shall be liable in the same proportion in which they may inherit. (859)
ART 925
A testator SITUATION:
--may charge with legacies and devises X is charged to give to Y as sublegacy.
not only his compulsory heirs but also the legatees and devisees.
X alone shall be bound, even if there are 3 legatees.
The latter
--shall be liable for the charge only If one of the many legatees is charged then him alone.
to the extent of the value of the legacy or the devise received by them.

The compulsory heirs SITUATION:


--shall not be liable for the charge Legatees A B and C are charged or ordered to give 20k to J
beyond the amount of the free portion given them. (858a)
How do you divide?
In proportion to the institution. Those who will receive more
But if you are a recipient, this is effective only upon death.
will give more.
How do you give to testator if he is dead? But who is charged
to give that to you, when the person giving it is already
dead? Who will carry out the order to give that to you? Who
ART 927
may be charged in order to give the legacy or device? If two or more heirs take possession of the estate,
The compulsory heirs can be charged. There are 3 persons they
who can be charged. Children or descendant, parents or --shall be solidarily liable
for the loss or destruction of a thing devised or bequeathed,
ascendants or surviving spouse. even though only one of them should have been negligent. (n)

You can also charge the legatees. Ex. A, the legatee give you What if gidalidali ka? 2 ka tao gitagaan. What will you do?
100k but he is charged to give B, the sublegatee 50k. You are joint legatees.

So those who can be charged are: SITUATION:


1. Compulsory heirs You are joint legatees of a certain brand new car of the
2. Legatee (personal) testator. One drove the car and hit it. The car that was
3. Devisee (devise) supposed to be given to them was totally damaged. When
he was driving the car, he was with three other friends. The
So kung ikaw gisugo, tumanon nimo. Para di ka ungrateful. crash was due to gross negligence
But there is limitation. You are obliged to give, but always If the value of the car was 1m, what is the remedy? Who is
secure you legitime. responsible? What is the liability?
So if you are a compulsory heir, the limit is the legitime. If you Liability is solidary
are a legacy or devise, see to it that the value is not more Therefore, anyone who took possession.
than the value you are receiving.
ART 928
Something not in the book, what if no body is charged, who The heir who is bound to deliver the legacy or devise
will give it to him? --shall be liable in case of eviction,
if the thing is indeterminate and is indicated only by its kind. (860)
From what we know from the previous principle, the
continuity of the deceased personality is represented by the
You know what eviction is?
estate.
Partnership has eviction, 1736. Law on sale also has eviction,
And who will administrate that?
1555.
The person of the testator or the administrator.
The testator is the person designated in the last will and
testament as the caretaker of the property of the deceased.

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SUCCESSION
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Eviction in the contest of succession, it is the deprivation in ART 931
whole and in part the property given by the testator by If the testator orders
that a thing belonging to another be acquired
virtue of the final judgment issued by the court based on the in order that it be given to a legatee or devisee,
right existing prior to the effectivity of the will. the heir upon whom the obligation is imposed or the estate
-must acquire it and give the same to the legatee or devisee;
Sa bisaya, giimbargo. but if the owner of the thing
refuses to alienate the same, or
SITUATION. demands an excessive price therefor,
the heir or the estate
You have received it. Gipara ka kay nay checkpoint. One the --shall only be obliged to give the just value of the thing. (861a)
process, it was discovered that the car was car napped.
Eventually there is the owner, in effect you are deprived of 930 and 931. Read this together.
the thing received by will. The root discussion is things belonging to another is given by
What will happen? the compulsory heir.
You will not leave without remedy. ‘Another’ means person other than the testator
You can ask the heir for the reimbursement.
For you the testator gave you a thing only to realize that it is
Di mumatch and example. not the testator giving it to you.
The object given to you must be indeterminate/generic.
Why? In sale and partnership, the object given must be ART 930
specific or determinate. THINGS BELONGING TO ANOTHER
But in succession, it is generic/indeterminate. 1. terstator erroneously believes to be his
-At the time the testator made the will, he is under the
So in our example, the testator would say, I will give A CAR. impression that he owns the property.
If what is given to your eldest son was eventually taken by the a. if that another continuous to be the owner until the
rightful owner, then the legatee is deprived. death of the testator
-ex. The testator gave you a thing believing that it is his.
You can ask the heir that another car be given to you. Any car The other person has been continuing to hold the thing
will not matter because it is generic. as the owner until his death.
-What happens to the legacy? What is the effect?
REASON: Because the heir charged may chose any property Void
whose title is not questionable. -Reason by the law: ignorance of the testator is
presumed by law. (mild na kasaba)
The heir could have chosen any because it is generic. -The ownership of the thing cannot be transferred
because the transferor is not the owner.
There is a chance that the testator has bought a stolen thing
without him knowing. b. if subsequently acquired by the testator by whatever
If at all you cannot give another one, then he will give you the title and still exists until his death
value. -ex. Testator gave the thing he doesn’t own. He
erroneously believes is his. But it subsequently became
ART 929 his. He became the owner and still is at the time of his
If the testator, heir, or legatee
owns only a part of, or an interest in the thing bequeathed,
death.
the legacy or devise -What is the effect?
--shall be understood limited to such part or interest, Valid
unless the testator expressly declares that he gives the thing in its entirety.
After all legacy or devise is effective only at the time of
death. Therefore you are charged.
ART 930
The legacy or devise of a thing belonging to another person
-Just like in sale, at the time of the delivery I must own
--is void, if the testator erroneously believed that the thing pertained to the building for delivery to transfer the ownership OW it
him. will be void. It is not perfection of sale that will transfer
But if the thing bequeathed, the ownership. But delivery.
though not belonging to the testator when he made the will,
afterwards becomes his, 2. testator had knowledge that he does not own the thing
by whatever title,
the disposition
--shall take effect. (862a)

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SUCCESSION
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October 5, 2010 Art 932
FIRST PART OF RECORSING IS IN CREATIVE ZEN The legacy or devise of a thing
which at the time of the execution of the will
SECOND PART IN IN MY CREATIVE already belonged to the legatee or devisee
--shall be ineffective,
The thing is owned by another even though another person may have some interest therein.
1. Testator erroneously believes the thing to be his If the testator expressly orders
a. if that another continuous to be the owner until the that the thing be freed from such interest or encumbrance,
death of the testator the legacy or devise
--shall be valid to that extent. (866a)
-Effect: VOID because ignorance of the testator is
presumed
ART 933
If the thing bequeathed
b. if subsequently acquired by the testator by whatever belonged to the legatee or devisee
title and still exists until his death at the time of the execution of the will,
the legacy or devise
-Effect: VALID because after all the legacy or device is --shall be without effect,
effective after death even though it may have subsequently alienated by him.

If the legatee or devisee


2. Testator had knowledge that the object of legacy or device acquires it gratuitously after such time,
is not his. he
-What is the status of the legacy or device? --can claim nothing by virtue of the legacy or devise;
There is an implied order of acquisition. but if it has been acquired
Iyang pangitaan og paagi na mahatag. by onerous title
he
--can demand reimbursement from the heir or the estate. (878a)
a. Acquisition is successful and still owned by the successor
at the time of his death AT THE TIME OF EXECUTION OF THE WILL THE OBJECT GIVEN
-If the implied order is carried out and actualized. 1. already owned by the legatee or the devisee.
-Legacy or device is valid If the thing given to the legatee or the devisee is already
owned by the legatee or devisee at the time of the
b. Testator was not able to acquire it execution of the will. What is the effect?
-Ex. Maybe the owner does not want to sell it or maybe Ineffective.
the owner wants to have an excessive price You cannot give the thing to the owner.
-Acquisition was unsuccessful.
-What is the effect on the legacy or device? How will you 2. is owned by legatee or devisee but alienated and
satisfy the intent of the testator? reacquired later on
N lieu of the thing given, you convert it to monetary. If after the execution you are no longer the owner, like it
Just give the just value of the thing. was sold. After making the will, she alienated so much so
Because we would want to give his intent to give it to that she is no longer the owner. But before the death of the
the heir. testator, she reacquired it. Maybe ang iynag gibaligyaan kay
In succession, the supreme law is the testator. nalouy man niya, muna gibalik.

a. gratuitously
What is the effect?
Legatee or devisee acquires nothing.
He cannot ask for the just value because he got is back
gratuitously.

b. onerously
What is the effect?
Entitled to reimbursement equivalent to the value of the
thing in exchange of the object. Meaning reimburse for
the expenses at the time of the reacquisition. Or the
value of the thing in case of barter.

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ART 934 In legacy of remission.
If the testator Opposite of that is legacy of remission/release/waiver.
should bequeath or devise something pledged or mortgaged
to secure a recoverable debt before the execution of the will, He owes me 100k. The obligation is still outstanding but I am
the estate giving the amount to the debtor to be applied to the debt.
--is obliged to pay the debt, He will not get 100k, but the same will be applied to the
unless the contrary intention appears.
obligation
The same rule applies Remission if a mode of extinguishing an obligation by
when the thing is pledged or mortgaged abandonment of his right to collect. So the amount that you
after the execution of the will.
owe is compensated by the amount given.
Any other charge, perpetual or temporary,
with which the thing bequeathed is burdened, The debtor or creditor will persist. You say that you will be
--passes with it to the legatee or devisee. (867a)
giving money but the money is to be applies to the debt.
That is why it is legacy of release. It is called legacy of waiver
ART 935
The legacy of a credit against a third person or because I will not be collecting.
of the remission or release of a debt of the legatee
--shall be effective only There is another legacy. LEGACY OF SECURITY.
as regards that part of the credit or debt
existing at the time of the death of the testator. In paras he has an example in p 422.
To T was pledged a security a ring by L (to secure the
In the first case, obligation of L) the value of the debt is 1m.
the estate
--shall comply with the legacy To secure payment if 1m, the debtor pledged. T gave to L a
by assigning to the legatee legacy of the ring.
all rights of action it may have against the debtor.
Remember that the ring is owned by L.
In the second case,
by giving the legatee an acquittance, Since the ring is owned by the legatee, then the sale must be
should he request one.
ineffective. (refer to discussion above)
In both cases, At the time of maturity L failed to pay. It is the essence of the
the legacy contract of pledge that if it is unpaid it will be subject to
--shall comprise all interests on the credit or debt
which may be due the testator at the time of his death. (870a)
auction sale. After two unsuccessful auction sale, the
creditor may now appropriate the thing. Being appropriated,
Here, we see the different kinds of legacies. the ownership is transferred.
What are the specific legacies? This time, T now has the right to give in the will.
1. Legacy of credit If only the ring is returned, what is extinguished is the
2. Legacy of remission accessory contract of pledge is extinguished. But the
principal contract of loan will subsist.
In legacy of credit.
If I will assign my credit to somebody else, it is now the CREDIT REMISSION
assignee who has all my rights and is entitled to collect.
IOW, the person of the testator who is the creditor is
subrogated to the legatee concerned.
The credit is the object of legacy. I give it to him.
This is novation. The person of the creditor is transferred to
another who is the legatee. So the lagatee now will collect. It
includes in it all actions pertaining to it to affect collection.
The object here does not mean corporeal thing. What is
given is the right to collect. In you Obligcon, you have
novation. Novation is to change the object of principal
condition or parties.
The legacy is now subrogated of my right. In effect I am giving
him 100k.

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ART 944 1. remunerative
A legacy for education These are legacies given in consideration of past services
--lasts until the legatee is of age, or
beyond the age of majority rendered to the testator or his family
in order that the legatee may finish some professional, 2. Preferred
vocational or course, 3. Support
general
provided he pursues his course diligently. 4. Education
5. specific/determinate thing
A legacy for support 6. All others prorate
--lasts during the lifetime of the legatee,
if the testator has not otherwise provided.
IN 911 AND 950. The order of arrangement is different.
If the testator Preferred is 3 in 911 but 1 in 950.
has not fixed the amount of such legacies,
it
--shall be fixed in accordance with the social standing and So how do we resolve this?
the circumstances of the legatee and If it is purely legacies and devices are the problem, apply
the value of the estate.
950.
If the testator or during his lifetime But if the problem includes legitime (interfering the
used to give the legatee a certain sum of money or legacies), use 911.
other things by way of support,
the same amount
--shall be deemed bequeathed, Or assuming there are no donation or legitimes to be
unless it be markedly disproportionate to the value of the estate. (879a)
satisfied, 950.
If there is legitime and donation intervivos interfering with
LEGACY OF EDUCATION OR SUPPORT. legitime, apply 911.
For how long is the legacy for education?
As long as you finish, except if it is stipulated. After break
SITUATION:
If you have office, that is not included. T
/\
Lifetime unless specified by testator. AB
Legacy of education. The following received legacy or device:
It covers tuition fee, clothing, transportation, medical A
attendance, sustenance. This is what support includes. B
C-preferred 200k
D-support 200k
ORDER OF PAYMENT E-education 100k
911 order of payment of estate G-alternative 50k
1. Legitime
2. Donation intervivos F-donation intervivos 200k
3. Preferred legacy – as declared by tetstaor Estate at time of death 800k
4. Other legacies prorate Net distributable estate 1000k
Legitime FDP
But in 950, the order of payment has been changed A 250k
ART 950 B 250k
If the estate
should not be sufficient to cover all the legacies or devises,
their payment C 200k preferred
--shall be made in the following order:
(1) Remuneratory legacies or devises;
All other legacies prorata
(2) Legacies or devises declared by the testator to be preferential; D 57.142k (200/350) X 100k
(3) Legacies for support; E 58.571k (100/350) X 100k
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a part
G 14.285k (50/350) X 100k
of the estate; 500k 300k
(6) All others pro rata. (887a)
F 200k -charged to FDP

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SITUATION:
He has no heirs
Estate if 300k
C-preferred 200k
D-support 200k
E-education 100k
G-alternative 50k

ART 950
Remunerative
Preferred 200k
Support 100k
300k
And that’s all it can accommodate.

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Partition44.50
The parents died, leaving 1 hectare and 5 children Oct 6
They are all co-heirs. 2 or more co owner
But their relation to the land, they are co-owners Before partition
But what is the meaning? Buyer must be a tranger
What is partition Within 30 days from notice
Sepatration or division of af a thing held in common
1079 The buyer, in the law of sale, the expenses in connection to
the sale is chargeable to the seller unless expressly
Can you sell your hereditotary right pending partition? Yes stipulated
Before it is distributed, it is called proportionte, spirituatl,
abstract, metaphysical,
You ownin common
The right of redemption 8min
The reason why there is redemption is because the law frown So we hire a geodetic engineer/surveyor in order to partition.
on co-ownership. It is a source of conflict. They put a common road right of way

It must do that within 30 days from notice of writing 1085 equality must be observed no matter th epartition
How? You tender payent to the buyer
So that the share bought by one of the siblings will be yours. What is the effect of partition
1091

When you partition, you put a landmark

1092
Warranty against eviction

No need that uu are deprived. It is sufficientthat you are


disturbed
Co
So confer exclusive ownership

Talking abut warrant

Can th ecopartition agreement be annulled? Why not ?


Vitiated consent.

You are given 10 years from the date of partition

Can you rescind the contract of rescission


Yes
But under what circumstance you are allowed to rescind?

When a co owner suffers lesion of ¼ (not more than ¼)

What contracts are voidable

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When do you rescind?


Within 4 years.

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