SUCCESSION

KINDS OF SUCCESSION
1. Testamentary that which results from the
designation of an heir, made in a will executed in
the form prescribed by law
2. Legal or Intestate that which takes place by
operation of law in the absence of a valid will
3. Mixed that which is effected partly by will and
partly by operation of law

CHAPTER 1: GENERAL PROVISIONS

SUCCESION - Is a mode of acquisition by
virtue of which the property, rights and
obligations to the extent of the value of the
inheritance, of a person are transmitted
through his death to another or others either
by his will or by operation of law (Art. 774)
ELEMENTS OF SUCCESSION
1. Decedent
2. Successors
a.Heirs those who are called to the whole or
to an aliquot portion of the inheritance either
by will or by operation on law
b. Devisees or Legatees persons to whom gifts of real or
personal property are respectively given by virtue of a
will.
3. Death of the Person However, a person may be
presumed dead for the purpose of opening his
succession (see rules on presumptive death). In this
case, succession is only of provisional character
because there is always the chance that the absentee
may be alive.
4. Inheritance is the subject matter of Succession
it includes:
Property and transmissible rights and obligations
Existing at the time of his death
AND those which have accrued thereto since the
opening of succession.
1.
2.
3.
4.
5.

RIGHTS EXTINGUISHED BY DEATH

Support
Usufruct
Those arising from personal consideration
Personal easements
Partnership rights
6. Agency
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7. Life Annuity

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Succession
Refers to the legal
mode
by
which
inheritance
is
transmitted to the
persons entitled to it.

Inheritance
Refers
to
the
universality or entirety
of the property, rights
and obligations of a
person who died.

KINDS OF HEIRS
1. Compulsory those who succeed by force of
law to some portion of the inheritance, in an
amount predetermined by law, of which they
cannot be deprived by the testator, except by a
valid disinheritance
2. Voluntary or Testamentary those who are
instituted by the testator in his will, to succeed to
the portion of the inheritance of which the testator
can freely dispose
3. Legal or Intestate those who succeed to the
estate of the decedent who dies without a valid
will, or to the portion of such estate not disposed
of by will
CHAPTER 2: GENERAL PROVISIONS ON WILLS
1.
2.
3.
4.
5.
6.

ELEMENTS OF A WILL
It is an act;
whereby a person is permitted;
with the formalities prescribed by law;
to control to a certain degree;
the disposition of his estate;
to take effect after his death.

KINDS OF WILLS:
1. Notarial an ordinary or attested will
2. Holographic a handwritten will
COMMON REQUISITES BETWEEN THE TWO
WILLS:
1. must be in writing and
2. in a language or dialect known to the testator
CHARACTERISTICS OF A WILL:
1. Unilateral
2. Strictly Personal act
a. Acts which may not be left to the discretion of
third persons (Articles 785 AND 787):
i.
Duration or efficacy of the designation of
heirs, devisees or legatees;

Adviser: Dean Cynthia del Castillo Head : Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul
Lim;
Subject Head : Polaris Rivas;

ii.

3.
4.
5.
6.
7.

Determination of the portions which they

are to take, when referred to by name;
and
iii. Determination of whether or not the
testamentary disposition is to be
operative
b. Acts which may be entrusted to third persons
(Article 787);
i.
Distribution of specific property or sums
of money that he may leave in general to
specified classes or causes; and
ii.
Designation of the persons, institutions or
establishments to which such property or
sums are to be given or applied.
Free and voluntary act
Formal and solemn act
Act mortis causa
Ambulatory and revocable during the testators
lifetime
Individual act

INTERPRETATION OF WILLS
1. Animus Testandi - The testators intent (animus
testandi), as well as giving effect to such intent is
primordial. EXCEPT: when the intention of the testator
is contrary to law, morals or public policy.
2. In case of doubt, the interpretation by which the
disposition is to be operative or will sustain and uphold
the will in all its parts shall be adopted, provided that it
can be done consistently with the established rules of
law.
3. Ambiguities in Wills Intrinsic or extrinsic evidence
may be used to ascertain the testatorial intent of the
testator. EXCEPT: the oral declarations of the testator
as to his intentions must be excluded because such
testimony would be hearsay.
4. After Acquired Property - Property acquired
during the period between the execution of the
will and the death of the testator is NOT included
among the property disposed of. EXCEPT: When
a contrary intention expressly appears on the will.
NOTE: This
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heirs
TESTAMENTARY CAPACITY
1. All persons who are not expressly prohibited by law
2. 18 years old and above
d. Each and every page, except the last, must be
signed by the testator or by the person requested

3. Of sound mind, at the time of its execution; A

testator is considered of sound mind if he knows
at the time of making of the will the following:
a. Nature of the estate to be disposed of
b. Proper objects of his bounty
c. Character of the testamentary act

Supervening capacity or incapacity does not

affect the will because the validity of a will is
determined at the time of the execution of the
will.

LEGAL
PRESUMPTION
SOUNDNESS OF MIND

IN

FAVOR

OF

GENERAL RULE: The law presumes that the

testator is of sound mind
EXCEPT:
a. When the testator, one month or less, before
making his will was publicly known to be
insane; or
b.Was under guardianship at the time of the
making of his will. (Torres and Lopez de
Bueno vs. Lopez, 48 Phil. 772)
CHAPTER 3: FORMS OF WILL
1. NOTARIAL WILL a valid notarial will:
a. Must be in writing and in a language or
dialect known to the testator
b. Subscribed at the end by the testator himself
or by the testators name written by some
other person in his presence, and by his
express direction
c.

Attested & subscribed by three or more

credible witnesses in the presence of the
testator and of one another
Mandatory Part: The signing on every
page in the witnesses presence
NOTE: Test of presence is not whether
they actually saw each other sign, but
whether they might have seen each other
sign had they chosen to do so

considering their mental and physical

condition and position with relation to
each other at the moment of inscription
of each signature.
Directory Part: The place of the
signature, i.e. the left margin; the
signature can be affixed anywhere on the
page.
by him to write his name, and by the instrumental
Page 2 of 297

ii.

witnesses of the will, on the left margin.

Signatures on the left margin on each and every
page NOT REQUIRED:
i.
In the last page, when the will consists of two
or more pages;
When the will consists of only one page;
iii. When the will consists of two pages, the first
consists of all the testamentary disposition
and is signed at the bottom by the testator
and the witnesses and the second contains
only the attestation clause duly signed at the
bottom by the witnesses.

The attestation clause need only be signed

by the witnesses and not by the testator as it
is a declaration made by the witnesses.

Icasiano vs. Icasiano, II SCRA 422 the

inadvertent failure of one witness to affix his
signature to one page of the original will due to
the simultaneous lifting of two pages in the
course of signing is not per se sufficient to
justify denial of probate when the duplicate will
shows
Cruz v. Villasor, 54 SCRA 31- the notary
public cannot be counted as one of the attesting
witnesses

e. Each and every page of the will must be

numbered correlatively in letters placed on the
upper part of each page.
Mandatory Part: Pagination by means of a
conventional system.
Directory Part: The pagination in letters on
the upper part of each page

Subscription - The manual act of instrumental

witnesses in affixing their signature to the
instrument.

f.

It must contain an attestation clause, stating the

following:
a. The number of pages used upon which the
will is written
b. The fact that the testator signed the will and every
page, or caused some other person to write his name,
under his express direction, in the presence of the
instrumental witnesses
c. All the instrumental witnesses witnessed and
signed the will and all its pages in the
presence of the testator and of one another

ATTESTATION

SUBSCRIPTION

1. act of the senses

1. act of the hand

2. mental act

2. mechanical act

3. Purpose is to render
3. Purpose is for
available proof during the
identification
probate that such will had
been executed in
g. It must be acknowledged before a notary public
accordance with the
by the testator and the witnesses
formalities prescribed by
law
ATTESTATION v. SUBSCRIPTION
4. Found after the
4. Found at the left side
attestation clause at the
margin of every page of
Attestation An act of witnessing execution of will by testator in order
take
those things are do
end or to
lastsee
pageand
of the
will note
the mentally
will

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The attestation clause need not be written in

a language or dialect known to the testator
nor to the witnesses since it does not form
part of the testamentary disposition

ADDITIONAL REQUISITES FOR VALIDITY

a.

If the Testator be Deaf or Deaf-Mute:

i.
Testator must personally read the will, if
able to do so;
ii.
Otherwise, he shall designate two
persons to read it and communicate to
him, in some practicable manner, its
contents (Art 807)
b. If the Testator be Blind:
The3will
shall be read to
Page
of 297

the testator twice i.

Once by one of the
ii.
Once by the notary public before whom
the will is acknowledged (Art 808)
NOTE: Articles 807 and 808 are mandatory, failure to
comply with either would result in nullity and denial of
probate.

2. HOLOGRAPHIC WILL a holographic will is valid if it

is:
a. In writing and in a language or dialect known
to the testator
b. Entirely written, dated, and signed by the hand of the
testator himself
c. Dispositions of the testator written below his signature
must be dated and signed by him in order to validate
the testamentary dispositions. (Art 812)
EXCEPT: In case of dispositions
appearing in a holographic will which are
signed without being dated, where the last
disposition has a signature and a date,
such date validates the dispositions
preceding it, whatever be the time of prior
dispositions
A holographic will is subject to no other form, and may
be made in or out of the Philippines, and need not be
witnessed. (Art 810)
PROBATE OF HOLOGRAPHIC WILL
a. There must be at least one witness.
EXCEPTION: If the will is contested, at
least three of such witnesses shall be
required (merely directory). In the absence
of such competent witness and if the court
deems it necessary, expert testimony may be
resorted to.
b. who knows the handwriting and signature of
the testator
c.

must explicitly declare that the will and the

signature are in the handwriting of the
testator. (Art 811)QuickTime and a

subscribing witnesses

INSERTION, CANCELLATION, ERASURE

ALTERATION IN A HOLOGRAPHIC WILL

OR

a. If made after the execution of the will, but

without the consent of the testator, such
insertion is considered as not written
because the validity of the will cannot be
defeated by the malice or caprice of a third
person
b. If the insertion after the execution of the will
was with the consent of the testator, the will
remains valid but the insertion is void.
c.

If the insertion after the execution is validated

by the testator by his signature thereon, then
the insertion becomes part of the will, and the
entire will becomes void, because of failure
to comply with the requirement that it must
be wholly written by the testator

d. If the insertion made by a third person is

made contemporaneous to the execution of
the will, then the will is void because it is not
written entirely by the testator
WHO MAY BE A WITNESS TO A WILL
person may be a witness provided he is:

Any

a. Of sound mind
b. Of the age of 18 years or more
c. Not blind, deaf or dumb
d. Able to read and write
e. Domiciled in the Philippines
f. Have not been convicted of falsification of a
document, perjury or false testimony
CHAPTER 4: LAWS GOVERNING VALIDITY OF A
WILL

1. FORMAL VALIDITY
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a. If the testator is a Filipino and the will is
mortem pro b a t e s a n d n o t to ante
executed in the Philippines then its formal
mortem probates since in such cases the
validity is governed by the CC of the
testator himself files the petition and will
Philippines
identify the document himself.
Gan v, Yap, 104 Phil 509 in the probate of a
holographic will, the document itself must be
i.
By a
thelost
lawholographic
of the place
thebe
will
produced;
willwhere
cannot
probated. Exception: When copy of the will is
produced

b. If the testator is a Filipino and the will is

executed in a foreign country, then its formal
validity is governed either:
was made
Page 4 of 297

ii.

By the CC of the Philippines

c.

If the testator is a foreigner and the will is

executed in the Philippines, then its formal
validity is governed either:
By the CC of the Philippines
By the law of his own country

i.
ii.

d. If the testator is a foreigner and the will is

executed in a foreign country, then its formal
validity is governed either:
i.
By the law of the place where the will
was made
By the law of his own country
iii. By the law of the country where he
resides
By the CC of the Philippines

ii.
iv.

BY

a. Order of succession
b. Capacity to succeed
c. Amount of successional rights
d. Intrinsic validity (Art 16)
VALIDITY OF JOINT WILLS

ELEMENTS OF A CODICIL
1. It is a supplementary or addition to a will
2. made after the execution of the will
3. and annexed to be taken as a part thereof
4. by which any disposition in the original will may
be explained, added to or altered
REQUISITES
REFERENCE

2. SUBSTANTIVE VALIDITY
ASPECTS OF THE WILL GOVERNED
NATIONAL LAW OF THE DECEDENT:

are also dated and signed, and everything is

written by the hand of the testator himself
b. Certain dispositions or additional matter may
be suppressed or inserted PROVIDED that
said cancellation is signed by the testator
and written by the hand of the testator
himself
c. Through a codicil which may either be
notarial or holographic

Two or more persons cannot make a will jointly, or in

the same instrument, either for their reciprocal benefit
or for the benefit of a third person. (669)
NOTE: Joint wills executed by Filipinos in a
foreign country shall not be valid in the
Philippines, even though authorized by the laws
of the country where they may have been
executed.
CHAPTER 5: AMENDMENTMENT, REVOCATION
AND REPUBLICQuAickTTimIOeNandOa F WILLS
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AMENDMENT OF WILLS
1. Notarial only through a codicil
2. Holographic in three ways
a. Dispositions may be added below the
signature, PROVIDED that said dispositions

b. IMPLIED When the provisions thereof are

partially or entirely inconsistent with those of

FOR

INCORPORATION

BY

1. the document or paper referred to in the will must

be in existence at the time of the execution of the
will
2. the will must clearly describe and identify the
same, stating among other things the number of
pages thereof
3. it must be identified by clear and satisfactory
proof as the document or paper referred to
therein
4. it must be signed by the testator and the
witnesses on each and every page, except in
case of voluminous books of account or
inventories
REVOCATION OF WILLS
1. By operation of law instances of revocation by
operation of law:
a. decree of legal separation
b. preterition
c. legacy or credit against third person or
remission of debt was provided in will and
subsequently, testator brings action against
debtor
d. substantial transformation of specific thing
bequeathed
e. when heir, devisee or legatee commits any of
the acts of unworthiness
2. By the execution of a will, codicil or other writing
executed as provided in case of wills
a. EXPRESS When there is a revocatory
clause expressly revoking the previous will or
a part thereof
the previous wills
Page 5 of 297

c.

3. By burning, tearing, canceling, or obliterating the

will with the intention of revoking it, by the
testator himself, or by some other person in his
presence, and by his express direction.
REQUISITES:
a. Testamentary capacity at the time of
performing the act of destruction;
b. Intent to revoke (animus revocandi);
Actual physical act of destruction;
d. Completion of the subjective phase; AND
e. Performed by the testator himself or by some
other person in his presence and express
direction

a. The cause must be concrete, factual and not

purely subjective
b. It must be false
c. The testator must not know of its falsity
d. It must appear from the will that the testator
is revoking because of the cause which is
false.
Art. 834. The recognition of an illegitimate child
does not lose its legal effect, even though the
will wherein it was made should be revoked.

Art. 837. If after making a will, the testator

makes a second will expressly revoking the first,
the revocation of the second will does not revive
the first will, which can be revived only by
another will or codicil.

LAWS WHICH GOVERN REVOCATION

If the revocation takes place in the Philippines whether
the testator is domiciled in the Philippines or not,
a. Laws of the Philippines

1.

2.

If the revocation takes place outside the Philippines, by

a testator who is domiciled in the Philippines,
a. Laws of the Philippines

3.

Revocation done outside the Philippines by a testator

who is not domiciled in this country,
a. Laws of the place where the will was made;
or
b. Laws of the place in which the testator had
his domicile at the time of the revocation.

FACTS DEMONSTRATING ART 837

In 1985, X executed Will 1
In 1987, X executed Will 2, expressly revoking
Will 1
In 1990, X executed Will 3, revoking Will 1
CONCLUSION ON THE FACTS
The Revocation of Will 2 by Will 3 does not revive

Art. 832 A revocation made in a subsequent

will shall take effect, even if the new will should become inoperative by reason of the incapacity of the heirs, devisees or le

EXCEPTION: Molo v. Molo, (90 Phil 37), When the testator provides in the subsequent will that the revocation of the pr

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subsequent
revocation)

REVOCATION BASED ON A FALSE OR ILLEGAL

CAUSE

Revocation based on a false or illegal cause is null and

void. REQUISITES:

will

Will 1
This demonstrates the theory of instant
revocation because the revocatory effect of the
second will is immediate upon the first will
NOTE: This article only applies where the
revocation of the first will by the second will is
express.

REPUBLICATION AND REVIVAL OF WILLS

If the testator wishes to republish a will that is

void as to form, the only way to republish it is to
execute a subsequent will and reproduce it
Page 6 of 297

(dependa

The testator need only execute a

subsequent will or codicil referring to the

CHAPTER 6: ALLOWANCE AND DISALLOWANCE

OF WILLS

c.
i.
iii.

1. PROBATE OF A WILL
a. A special proceeding required for the purpose of
establishing the validity of the will.
b. Probate of a will is mandatory
The probate court can only inquire into the extrinsic
validity of testamentary provisions, which include the
following:
That the testator was of sound and disposing mind
ii.
That his consent was not vitiated
That the will was signed by the required number of
witness
iv. That the will is genuine

previous will if the testator wishes to republish a

will that is either:
a. Void for reason other than a formal defect
b. Previously revoked
at the time of affixing his signature
thereto.(Art 839)
REPUBLICATION
REVIVAL
Takes place by an act of
Takes
place
by
the testator
operation of law
and Restores a revoked will
Corrects
extrinsic
extrinsic defects

EXCEPTION: Nuguid v. Nuguid, 17 SCRA

449, the probate court may pass upon the
intrinsic validity of the will when its probate
might become an idle ceremony if on the wills
face it appears to be intrinsically void.

KINDS OF PROBATE
1. Post-Mortem after the testators death
2. Ante-Mortem during his lifetime

FINAL DECREE OF PROBATE

Once a decree of probate becomes final in accordance
with the rules of procedure it becomes Res Judicata
It is conclusive as to the due execution of the will
(extrinsic validity only)

2. DISALLOWANCE OF WILL - grounds for disallowance

of a will:
a. If the formalities required by law have not
been complied with;
b. If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its execution;
ui ckTim
c. If it was executQeTIFF
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udga h force or under
ar e n e ed e d t o
duress, or th e i n f lu e nsece ethisopifctufree.ar, or
threats;
d. If it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some
other person;
e. If the signature of the testator was procured
by fraud;
f. If the testator acted by mistake or did not intend that
the instrument should be his will
Page 7 of 297

CHAPTER 7: INSTITUTION OF
HEIRS INSTITUTION OF HEIR
1. It is an act by virtue of which a testator
designates in his will
2. the person or persons who are to succeed
him in his property and transmissible
3. rights and obligations
REQUISITES FOR A VALID INSTITUTION OF
HEIR
1. Designation in will of person/s to succeed
a. Directory - designation of name and
surname
b. Mandatory identity of the heir must
be
established,
otherwise
void
disposition, unless his identity becomes
certain.

REVOCATION
DISALLOWANCE
Voluntary act of the Given by judicial decree
testator NOTE: If there is ambiguity in the
designation,
designation
must
With or without
cause the Always
for a legal
causebe
resolved
by
discerning
the
testators
intent.
If
May be partial or total
Always total EXCEPT
when
the
ground
of
fraud
the ambiguity cannot be resolved, intestacy
or influence for example
to that portion results.
affects
only
certain
2. Will specifically assigns to such person an
portions of the will
inchoate share in the estate.
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
THREE PRINCIPLES IN THE INSTITUTION OF
HEIRS
1. Equality heirs who are instituted without a
designation of shares inherit in equal parts
2. Individuality heirs collectively instituted are
deemed individually named unless a contrary
intent is proven
3. Simultaneity when several heirs are instituted,
they are instituted simultaneously and not
successively
RULES ON A PERSONS RIGHT TO DISPOSE OF
HIS ESTATE

Page 8 of 297

1. If one has no compulsory heirs:

a. He can give his estate to any person
qualified to inherit under him
b. However, he must respect restrictions
imposed by special laws
2. If one has compulsory heirs:
a. He can give only the disposable portion to
strangers
b. Legitimes of compulsory heirs must be respected
REQUISITES FOR THE ANNULMENT OF
INSTITUTION OF HEIRS:
1. Cause of institution of the heirs must be stated in
will
2. Cause must be shown to be false
3. It appears from the face of the will that the
testator would not have made the institution had
he known the falsity of the cause.
RULES ON INSTITUTION OF ALIQUOT SHARE
LESS THAN OR IN EXCESS OF THE WHOLE
ESTATE:
1. Intestacy Results if
a. the heir institutes an aliquot portion of the estate
b. to only one heir If the heir institutes several
heirs to an aliquot part of the
2. Each heirs share shall be proportionally increased:
a. There are more than one instituted heir
b. The testator intended the heirs to inherit the whole
estate
c. The aliquot parts of each share do not cover
the whole inheritance
3. Each heirs share shall be proportionally
decreased:
a. There are more than one instituted heir
b. The testator intended the heirs to inherit the whole
estate
c. The aliquot parts of each share exceed the
whole inheritance
PRETERITION
1. There must be an omission of one, some or all of
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2. The omission m u s t b e t h a t o f a
COMPULSORY HEIR
3. Compulsory heir omitted must be of the DIRECT
LINE
4. The omitted compulsory heir must be LIVING at the
time of testators death or must at least have been
CONCEIVED before the testators death
5. The omission must be complete and total in character. :
There is no omission if
they shall have the same share in the substitution
as in the institution

a. A devise or legacy has been given to the heir

b. A donation inter vivos has been previously
given to the heir
c. Anything is left from the inheritance which the
heir may get by way of intestacy
EFFECTS OF PRETERITION:
1. The institution of heir is annulled
2. Devises and legacies shall remain valid as long
as they are not inofficious
3. If the omitted compulsory heir should die before
the testator, the institution shall be effectual,
without prejudice to the right of representation
DISTINGUISH
PRETERITION
FROM
DISINHERITANCE
PRETERITION
DISINHERITANCE
Deprivation
of
a Deprivation
of
the
compulsory heir of his compulsory of his legitime
legitime is tacit
is express
May be voluntary but Always voluntary
the law presumes that it
is involuntary
Law presumes
that Done with a legal cause
there has been merely
an oversight or mistake
on the part of
the
testator
Omitted heir gets not If
disinheritance
is
only his legitime but also unlawful, compulsory heir
his share in the free is merely restored to his
portion not disposed of legitime
by way of legacies or
devises
CHAPTER 8: SUBSTITUTION OF HEIRS
CLASSES OF SUBSTITUTION:
1. Vulgar or Simple the testator may designate
one or more persons to substitute the heir or
heirs instituted in case such heir or heirs should:
a. die before him (PREDECEASE)
b. should not wish, (RENOUNCE) or
c. should be incapacitated to accept the
inheritance (INCAPACITATED)
2. Brief or Compendious two or more persons
may be substituted for one; and one person for
two or more heirs
3. Reciprocal if heirs instituted in unequal shares
should be reciprocally substituted, the substitute
shall acquire the share of the heir who dies,
renounces, or incapacitated, unless it clearly
appears that the intention of the testator was
otherwise. If there are more than one substitute,
4. Fideicommissary Substitution - if the testator

institutes an heir with an obligation to deliver to

another the property so inherited. The heir
instituted to such condition is called the first heir
or fiduciary heir, the one to receive the property is
the fideicommissary or second heir

1.

3.
4.
5.

REQUISITES
FOR
A
FIDEICOMMISSARY
SUBSTITUTION:
A fiduciary or first heir instituted entrusted with the
obligation to preserve and to transmit to a
fideicommissary substitute or second heir the whole or
part of the inheritance
2. Such substitution must not go beyond one
degree from the heir originally instituted
The fiduciary or first heir and the second heir are living
at the time of the death of the testator
The fideicommissary substitution must be expressly
made
The fideicommissary substitution is imposed on the
free portion of the estate and never on the legitime

NOTE: Pending the transmission of the property,

the fiduciary is entitled to all the rights of a
usufructuary although the fideicommissary is
entitled to all the rights of a naked owner.
CHAPTER 9: CONDITIONAL TESTAMENTARY
DISPOSITIONS AND DISPOSITIONS WITH A
TERM

TESTAMENTARY DISPOSITIONS
1. Condition future or uncertain event, or a past
event unknown to the parties, upon which the
performance of an obligation depends
2. Term the day or time when an obligation either
becomes demandable or terminates
3. Modal Institution the statement of the
institution; application of the property left by the
testator or the charge imposed on him
4. Disposicion Captatoria condition that the heir
shall make some provision in his will of the
testator or of any other person (prohibited

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contractual act) are needed to see this picture.

5. Causal Condition condition us casual if it
depends upon chance and/or upon the will of a
third person
6. Mixed Condition - It is mixed if it depends both partly
upon the will of the heir himself and upon chance
and/or the will of a third person
7. Potestative Condition one the fulfillment of

8. Suspensive term one that merely suspends

the demandability of a right. It is sure to happen
9. Caucion Muciana bond or security that should
be given in favor of those who would get the
property if the condition not be complied with
INTERPRETATION
When in doubt whether there is a condition or
merely a mode, consider the same as mode

When in doubt as to whether there is a mode or

merely a suggestion, consider same only as a
suggestion

The condition suspends but does not obligate,

the mode obligates but does not suspends (for he
who inherits with a mode is already an heir; one
who inherits conditionally is not yet an heir.)

RULES ON POTESTATIVE, CASUAL AND MIXED

CONDITIONS
1. POTESTATIVE
Positive Potestative Condition:
General Rule must be fulfilled as soon as the
heir learns of the testators death
EXCEPTION
a. the condition was already complied with at
the time the heir learns of the testators death
b. the condition is of such nature that it cannot
be fulfilled again
Negative Potestative Condition:
Heir must give security to guarantee the return of
the value of property, fruits, and interests, in
cases of contravention
2. CASUAL OR MIXED
Positive
GENERAL RULE may be fulfilled at any other
time (before testators death), unless testator
provides otherwise.
If ALREADY FULFILLED at the time of
execution
of the will
a. If testator
unaware of fact of fulfillmentwhich depends purely on heir

deemed fulfilled
ii.
If it can be fulfilled again must be
fulfilled again
b. If testator aware thereof
Constructive
Compliance
i.
If it can no longer be fulfilled again
a.
if
casual

not
applicable
deemed fulfilled
b. if mixed
3. until arrival of the term
i. If dependent partly on chance not
applicable
CONDITIONS PROHIBITING MARRIAGE
ii. If dependent partly on will of third party
rd
1. if 3 party interested applicable
1. If a first marriage is prohibited condition considered
rd
2. if 3 party not interested not
always as not imposed
applicable
2. If a subsequent marriage is prohibited as imposed
by the deceased spouse or by his/her ascendants
EFFECTS OF SUSPENSIVE CONDITION OR TERM
or descendants - valid
3. if a subsequent marriage is prohibited and imposed by
The estate shall be placed under administration until
anyone else- considered not written
1. condition is fulfilled
2. until it becomes certain condition will never be fulfilled