Succession and Property Uribe Notes

Uribe Civil Law Review (Succession and Property)
Day 7: Succession
Quiz
A legatee is a person called to the succession either by the
provision of a will or by operation of law. False. A legatee
inherits by will and not by operation of law.
The validity of a will depends upon the observance of the
law in force at the time of death of the testator. False. Not
absolutely true. Intrinsic validity is governed by the law at
the time of death of the testator but formal requirements are
governed by the laws at the time of execution of the will.
Capacity to succeed is governed by the law of the nation of
the decedent. True. Capacity to succeed is governed by
decedents national law. This is by provision of Art. 1039
(not Art. 161).
In order to make a will it is essential that the testator be of
sound mind at the time of its probate. False. In most cases,
the probate of a will is done post mortem. How could the
testator be of sound mind if he is already dead? What is
essential is that the testator be of sound mind at the time of
execution of the will. Sound mind in testamentary
succession means that the testator knew (1) the
nature of his estate to be disposed of; (2) the proper
subjects of his bounty; and (3) the character of the
testamentary act.
Succession 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 to another or
others either by his will or by operation of law. False. This is
an incomplete definition. Death is required for the
transmission to happen.
Legatees and devisees are persons to whom gifts of real and

personal property are respectively given by virtue of a will.
False. It is the other way around.2
Legitime is that part of the testators property which he
cannot dispose of because the law has reserved it for certain
heirs who are, therefore, called legal heirs. False. Legitime is
reserved for compulsory heirs.
Every will must be acknowledged before a notary public by
the testator and the witnesses, in the presence of each other.
False. Acknowledgment does not have to be done at the same
time.
If the testator be deaf, or a deaf-mute, the will shall be read
to him twice; otherwise, he shall designate two persons to
read it and communicate to him, in some practicable
manner, the contents thereof. False. For obvious reasons. It
would be pointless to have someone read the will to him
twice, thrice or even a hundred times. Deaf and deaf-mutes
must personally read the will. If this is not possible, he shall
designate two persons (who need not be one of the
subscribing witnesses or the notary public) to read it and
communicate to him, in some practicable manner, the
contents thereof. The rule that the will must be read to him
twice (once by a subscribing witness and again by the notary
public) is applicable to blind testators.
Full blood relationship is that existing between persons who
have legitimate relations. False. It is possible to have only a
half blood relationship with a legitimate brother. Full blood
relationship is that existing between persons who have the
same father and the same mother. Half blood relationship is
that existing between persons who have the same father, but
not the same mother, or the same mother, but not the same
father.
1Art. 16 states that
(1) the order of succession; (2) amount of

hereditary rights; and (3) intrinsic validity of testamentary
succession are governed by the national law of the decedent.
2 LP , DR
Azys
Notes
A was one of the three witnesses in the execution of the will

of X. In the will, X gave a car to A. Which of the following is
correct? (a) legacy is void (b) will is void (c) cannot be
considered as a competent witness. A. Interested
witnesses are not prohibited from being witnesses
to a will but the devise or legacy, so far only as
concerns him, his spouse, parent or child, or anyone
claiming under any of them shall be void unless
there are three other competent witnesses to the
will.
The rights to the succession are transmitted from the
moment of the death of the decedent. What are its
implications?
o A will is an act mortis causa.
o In Bonilla, The moment of death is the determining
factor when the heirs acquire a definite right to the
inheritance whether such right be pure or contingent.
The right of the heirs to the property of the deceased
vests in them even before judicial declaration of their
being heirs in the testate or intestate proceedings.
o In Uson, the NCC was not given retroactive effect so
that the illegitimate children of the deceased may
inherit from him. The Court held that, There shall be
retroactive effect only when the new rights do not
prejudice any vested or acquired right of the same
origin. The right of ownership of Maria Uson over the
lands in question became vested in 1945 upon the
death of her late husband and this is so because of the
imperative provision of the law which commands that
the rights to succession are transmitted from the
moment of death. The new right recognized by the
new Civil Code in favor of the illegitimate children of
the deceased cannot, therefore, be asserted to the
impairment of the vested right of Maria Uson over the
lands in dispute.
Notes
The intrinsic validity of testamentary dispositions shall be

governed by the national law of the decedent. Art. 16 par. 2
X, a citizen of France but a permanent resident of Canada,
suffered a heart attack and died in Japan while attending a
conference. He was survived by his wife, an American
citizen, his parents, a sister and two children who are both
Filipino citizens. He left properties in the Philippines and in
France. He left a will which he executed in London. The
capacity of his children to succeed shall be governed by
what law? French law. Under Art. 1039, the national law of
the testator governs capacity to succeed.
Recit
Reserva minima is more consistent with the philosophy of
socialization of ownership.3
Succession is a mode of acquisition but not necessarily
acquisition of ownership. E.g. what is transmitted only is the
right of a usufructuary over a thing.
Philippine laws on succession has a basis in property law
(e.g. devises and legacees) as well as in the law on family
relations (e.g. legitime).
X, a resident of California, died with children A (legitimate)
and B (illegitimate). Can B inherit from X? Depends. The
problem does not mention the nationality of X. In
succession, Art. 1039 provides that the national law of the
decedent determines the capacity of heirs to succeed.
Will was executed by a French national in the Philippines.
Which law should the will have conformed to in order to be
3 Recall that in reserva troncal, the subject property must have
been received by the reservista by operation of law. In reserva
maxima, all of the properties which the descendant had previously
acquired by gratuitious title from an ascendant, brother or sister
must be considered as passing to the ascendant-reservista insofar
as his legitime can contain. In reserva minima, subject property
must be considered as passing to the ascendant-reservista partly
by operation of law and partly by force of the descendants will.
Azys
2
probated in the Philippines? Either French or Philippine law.

Generally, probation only looks at the compliance of the
execution of the will with respect to the formal requirements
of the law. Under Philippine law, formal requirements of a
will may follow the laws of any of the following: (1) laws of
the place of nationality of the testator; (2) laws of the place of
residence of the testator; (3) laws of the place of domicile of
the testator; (4) laws of the place of execution of the will; or
(5) laws of the Philippines.
A Filipino executed will in Kuwait but not in accordance
with the law Kuwait. May the will be probated in the
Philippines? Depends. Said Filipino may execute his will
according to the laws of his nationality (Philippines), laws of
place of residence, or the NCC. (Art. 816 by analogy)
A certain property was given by Y to Z. What law should
govern in deciding the validity of this disposition? Capacity
to succeed is governed by the law of the nation of the
decedent. (Art. 1039)
A will was executed abroad. Is there a need to probate said
will in this country? Yes if there are properties in the
Philippines that were disposed of through the will.
If the will above has not yet been probated abroad, can it be
probated in the Philippines? Yes. There is no law requiring
probate abroad before it may be probated in the Philippines.
However, there there is jurisprudence ruling on the matter.
In Palaganas, the Court held that our laws do not
prohibit the probate of wills executed by foreigners
abroad although the same have not as yet been
probated and allowed in the countries of their
execution.
What is the Doctrine of Processual Presumption? Foreign
law, whenever applicable, should be proved as facts.
Otherwise, it is to be presumed that it is the same as the law
of the forum.
Notes
Bellis case: Art. 17 is no longer an exception to Art. 16. Thus,

even if the national law of the testator does not provide for
legitimes, said national law must still prevail.
No Notes for Days 8 and 9
Day 10: Succession

Recit
Every will must be in writing and in a language or dialect
known to the testator.
Holographic will must be written, signed and dated entirely
by the hand of the testator.
Notarial wills must be/contain4: (1) Subscribed by the
testators and at least three instrumental witnesses; (2)
Attested by at least three instrumental witnesses; (3)
Marginal signatures on every page except the last by the
testator and at least three instrumental witnesses 5; (4)
Paginated with numbers correlatively in letters on the upper
part6; (5) Attestation clause containing facts certifying that
the will has been executed before the witnesses in accordance
with the formalities prescribed by law 7; and (6)
4 SAM-PAA
5 That the marginal signatures be on the left margin is merely
directory; Inadvertence of one of the witnesses in failing to sign
every page should not prejudice the testator
6 What is mandatory is that the will be paginated
Facts that must be indicated:Number of pages used in

making the will
(2) That the testator signed the will and every page thereof in
the presence of the witnesses or if the testator did not sign
it himself, that he caused some other person to write his
name under his express direction and in the presence of
Azys
3
Acknowledged before a notary public by the testator and

witnesses8.
Objects of Formalities: (1) Close the door against bad faith
and fraud; (2) Avoid substitution of wills; and (3) Guarantee
the truth and authenticity of wills. The doctrine of
substantial compliance may be applied if it does not run
counter to these objectives.
In re Enrique Lopez: When the attestation clause fails to
indicate number of pages of will or the facts required to be
indicated regarding signing the will, substantial compliance
may be invoked if these facts can be ascertained without the
need of presentation of evidence alliunde.
Icasiano v Icasiano: One of the pages of the will was not
signed. However, the Court said that this was mere
inadvertence on the part of the witness and the testatrix
should not be penalized for this.
Garcia v Vasquez: Rules on blind testators apply to persons
who are essentially blind (e.g. advanced stage of glaucoma)
Notary public signed the will not in the presence of the
testator and the witnesses. Does this invalidate the will?
What if the Notary public failed to sign? Neither will affect
the validity of the will. What is required is that the
notary acknowledge the will, not sign it.
Gonzales v CA: Credible as used in NCC 805 should not be
given the same meaning it has under the Naturalization Law.
The witnesses required under the latter law are character
witnesses, while the witnesses under the former merely
attest to the due execution of a will and affirm the
the witnesses
(3) That the witnesses signed the will and every page thereof
in the presence of the testator and of each other
formalities attendant thereto. To be a witness, what

is necessary only is that he is qualified under Art.
820 of the NCC9 and not disqualified under Art. 821
of the NCC.10
Note that the following may be credible witnesses but not
competent to be a witness to a will: (1) below the age of 18;
(2) blind, deaf or dumb; (3) not able to read and write; (4)
not domiciled in the Phil.
The following persons are neither credible nor competent:
those who have been convicted of falsification of a document,
perjury or false testimony.
The law presumes credibility.
Kalaw v Relova: Mere authentication of an insertion to
a will will not suffice. The law expressly requires
authentication by the full signature of testatrix.
Roxas v De Jesus: When the law requires the will to be dated,
the law means that the testator must indicate the day, month
and year of execution. However, an exception is made under
the doctrine of substantial compliance when there is no
showing of bad faith, undue influence and pressure, and the
authenticity of the will is established.
Qualifications of Witnesses to Wills:sound mind

(2) at least 18 years old
(3) Not blind, deaf or dumb
(4) Able to read and write
10
8 The notarial will remains valid even if the notary public failed to
sign the will. What is required is that the will be acknowledged
before the notary public. Note also that the acknowledgment need
not be done on the same day as the execution of the will.
Disqualifications of Witnesses to Wills:Not domiciled in the

Philippines
(2) Convicted of falsification of a document, perjury or false
testimony
Azys
Notes
Incorporation v Codicil v New Will
Incorporation
A
document
incorporated in a will to
clarify the provisions
Document
is
incorporated at the
time of execution.
Testamentary
dispositions
not
allowed.
Must be referred to in
the will indicating the
number of pages of the
document
incorporated. It must
also be signed by the
testator
and
the
witnesses on each and
every page, except if
voluminous.
Ex.
Sketches,
Inventories, Books of
accounts
Codicil
Adds to, explains or
alters a provision in a
previous will
Made
after
the
execution
of
the
previous will.
A codicil may add or
annul
testamentary
dispositions,
and
republish or revoke
previous wills.
May be attested or
holographic. It does not
have to follow the form
of the previous will.
New Will
Makes an independent
disposition
Ex. In previous will,

testator bequeather a
car to A. The legacy is
made more particular
by specifying which car
through a codicil.
Ex.
The
document
makes a testamentary
disposition in favor of
someone who was not
included in the previous
will.
Made
after
the
execution
of
the
previous will.
A new will may add or
annull
testamentary
dispositions,
and
republish or revoke
previous wills.
May be attested or
holographic. It does not
have to follow the form
of the previous will.
In the incorporation of document by reference, do the

witnesses referred to in Art. 827(1) have to be the same set of
witnesses as in the will? Yes, precisely because they are
incorporated in the same will to be attested, they are also
executed at the same time.
How are will republished? Depends on what the reason for
nullity is. If it is void as to its form, it is necessary to
republish by reproducing the testamentary dispositions in
the previous will. If the nullity however is for other reasons,
the will may be republished through a codicil which will refer

to the previous will.
There are three modes of revocation 11. Bear this in mind.
Even if the will was not destroyed, the will or certain
provisions of the will may be revoked by implication of law
(e.g. heir committed an act of unworthiness or became
incapacitated to inherit).
There need not be any reason for making revocations.
However, if a cause is provided and the said cause happened
to false or illegal, the revocation is null and void.
Difference of the effects of an express and implied
revocation: If after making a will, the testator makes a
second will expressly revoking the first, the revocation of the
second does not revive the first. If the second will only
impliedly revoked the first will, the first will is automatically
revived with the revocation of the second will.
A revocation made in a subsequent will shall take effect, even
if the new will should become inoperative because the heirs,
legatees or devisees renounce or become incapacitated will
not revive the first will. However, in Molo v Molo, the Court
held that under the Doctrine of Dependent Relative
Revocation, where the act of destruction is connected with
the making of another will so as fairly to raise the inference
that the testator meant the revocation of the old to depend
upon the efficacy of a new disposition intended to be
substituted, the revocation will be conditional and dependent
upon the efficacy of the new disposition; and if, for any
reason, the new will intended to be made as a substitute is
11
Three Modes of Revocationby operation of law

(2) by a codicil or a new will
(3) by physically destroying the will with intention to destroy
the same
**Examples of (1): Incapacity; Legal Separation; Preterition;
Judicial suit against the debtor in a legacy of credit or remission
Azys
Notes
inoperative, the revocation fails and the original will remains

in full force.
The finality of the allowance of a will has the following
effects: (1) conclusive as to the formal validity of the will; (2)
not subject to collateral attack; and (3) conclusive to the
whole world. Thus, the issue as to the voluntariness of its
execution may not be raised anymore. In fact, a criminal
action against the forger of a will which had been duly
admitted to probate by a court of competent jurisdiction is
barred after the finality of the allowance of the will.
In Rodelas, the Court held that unlike notarial wills,
holographic wills may not be proved by testimonial
evidence when lost or destroyed. The general rule is that
the original of the holographic will must be presented during
its probate. However, a photostatic copy may also be
admitted since a comparison with the handwriting of the
testator may still be made.
In Codoy, the Court ruled that Art. 811 is mandatory. At least
one witness who shall testify that the testamentary
dispositions and the signature are in the handwriting of the
testator. If, however, the will is contested, at least three such
witnesses must be presented. In both cases, expert witnesses
may be resorted to.
Day 11: Succession12

Recit
Who may inherit from the adopted child? RJs position is
that, because the legal ties between the adopted child and his
biological parents are already severed and that, for purposes
of the law, the adopted child shall be considered a legitimate
child of his/her adopter/s, only the adopter/s should inherit
from the adopted child. However, Professor Uribe believes
otherwise and argues that it should be 50-50
Preterition is the omission in the will of one, some or all of
his compulsory heirs in the direct line. Its effect is to annul
the institution of heirs. However, devises and legacies remain
valid insofar as they are not inofficious.
Omission of the spouse in the will is not preterition
because she is not a compulsory heir in the direct
line. There is also no preterition if the compulsory
heir received inheritance by way of (1) devise or
legacy; (2) donation inter vivos; or (3) intestate
succession. In all these cases, the heirs instituted are not
annulled. The remedy of the affected heir/s is for the
completion of their legitime.
There is also no preterition when the compulsory heir
omitted in the will is a disinherited compulsory heir. A
disinherited heir may be deprived of his legitime.
Can brothers and sisters be validly disinherited? Note that
the law only provides grounds for disinheritance of
ascendants, descendants and spouse. Yes, brothers and
sisters may be disinherited. The law does not provide the
grounds with respect to siblings which implies that
disinheritance may be for any ground. Unlike the
compulsory heirs, the law did not deem it necessary to limit
the grouds for their disinheritance.
12 Notes for 2nd half of Day 11 only
Azys
Notes
May a disinherited heir inherit more than his legitime such

as if the free portion was given to disinherited heir by
intestate succession? No. According to sir, to do so would be
contrary to the intention of the testator to disinherit or
deprive the heir of his legitime.
What if the will containing a disinheritance of an heir on a
ground which is one of those provided by law is declared
void? Will the disinheritance be valid? Not necessarily.
Consider the ground for disinheritance. Some of them may
be an act of unworthiness which does not require that the
same be written on the will.
Incapacity is legal disinheritance or disinheritance by
operation of law.13 Disinheritance, on the other hand, must
be in writing and conform to the requirements of Art. 918.
13 Who are incapacitated to succeed? Art. 1027
(1) The priest who heard the confession of the testator
during his last illness, or the minister of the gospel who
extended spiritual aid to him during the same period
(2) The relatives of such priest or minister of the gospel
within the fourth degree, the church, order, chapter,
community, organization, or 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 approved, even if the
testator should die after the approval thereof;
nevertheless, any provision made by the ward in favor
of the guardian when the latter is his ascendants,
descendant, brother, sister, or spouse, shall be valid;
(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 children;
(5) Any physician, surgeon, nurse, health officer or druggist
who took care of the testator during his last illness;
(6) Individuals,
associations
and
corporations
not
permitted by law to inherit.
Art 1028 in relation to 739
(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 consideration thereof;
Incapacity under Art. 1027 (1) to (5) and under Art.

1028 refers only to testamentary dispositions. They
may still inherit through intestacy. Incapacity based on
unworthiness disqualifies a compulsory heir from succeeding
even to his legitime.
Only reconciliation is necessary to reverse
disinheritance whereas it is necessary that there be
something in writing to overcome incapacity
through acts of unworthiness.
If there is no will, reconciliation will bar the offended person
from later on disinheriting the offending person. If
(3) Those made to a public officer or his wife, descendants
and ascendants, by reason of his office.
Art. 1032: Causes of unworthiness
(1) Parents who have abandoned their children or induced
their daughters to lead a corrupt or immoral life, or
attempted against their virtues;
(2) Any person who has been convicted of an attempt
against the life of the testator, his or her spouse,
descendants or ascendants;
(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 found to be
groundless;
(4) Any heir of full age who, having knowledge of the
violent death of 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 cases wherein, according to law, there
is no obligation to make an accusation;
(5) Any person convicted of adultery or concubinage with
the spouse of the testator;
(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;
(7) Any person who by the same means prevents another
from making a will, or from revoking one already made,
or who supplants, conceals, or alters the latter's will;
(8) Any person who falsifies or forges a supposed will of
the decedent.
Azys
Notes
disinheritance has been made, such disinheritance is set

aside.
If testator knew of the cause of the unworthiness at the time
of making the will, the cause of unworthiness shall be
without effect. If he should find out after the execution of the
will, the testator may condone them in writing.
If the ground for disinheritance also happens to be a
ground for unworthiness14, reconciliation will have
the effect of condonation if the decedent actually
disinherited the unworthy heir. If no disinheritance
was effected, a written pardon is still necessary.
Why is there a need to still disinherit when the ground is
already a ground for unworthiness? Filipinos easily forget.
If it is written on the will, the executor will be reminded of
the act of unworthiness.
Will all cases involving loss of parental authority be a
ground for the the disinheritance of said parent? No. The
loss of parental authority may be due to emancipation or
adoption.
The wife had an illicit relationship with her ex-boyfriend.
The husband filed for legal separation. However, husband
died before the issuance of the decree of legal separation.
Will the wife inherit from the husband? Not if the husband
validly disinherited the wife. The ground for disinheritance
only requires that the spouse has given cause for legal
separation. It is not necessary that there be a final judgment
granting the petition for legal separation. If, on the other
hand, the petition for legal separation has already been
granted by the court, a will disinheriting the guility spouse is

no longer necessary. The guilty spouse becomes
incapacitated to inherit by intestate succession by operation
of law.
14 What grounds are common in disinheritance and

unworthiness? Art. 1032 except (4), (7) and (8). With respect to
the cause attempt on the life of the testator, his or her spouse or
any of his descendants or ascendants, if a descendant is the one
being disinherited, a finding of guilit by final judgment is
necessary. For all other persons, a conviction of an attempt on the
life is enough to disinherit as well as make a person unworthy to
inherit.
Azys
Notes
Legitimate Child
Surviving Spouse
Legitimate Children
Surviving Spouse
Legitimate Child
Illegitimate Children
Surviving Spouse
Legitimate Children
15
b.
c.
d.
e.
f.
g.
Surviving Spouse
Legitimate Children
Surviving Spouse
Legitimate Parents
Legitimate Parents
Legitimate Parents
Surviving Spouse
Legitimate Parents
Surviving Spouse
Illegitimate Parentsc
Illegitimate Parents
Surviving Spouse
Surviving Spouse
Brothers
and
Sisters,
Nephews and Niecese
Brothers
and
Sisters,
Nephews and Niecese
Other collateral relativesf
Stateg
Legitimes and Intestate Succession15

Amount
Legitime
same as 1 LC
of 1 LCa
of 1 LCa
of
Intestate
Succession
Equal shares for

all heirs
same as SS
of 1 LC
same as 1 LCb
same as SS
of LC
Legitimes and Intestate SuccessionThe legitime of an

illegitimate child is not necessarily of a legitimate child if
the estate is not enough. The illegitimate children will share
amongst themselves whatever is left of the estate after
deducting the legitimes of the legitimate children and of the
surviving spouse.
Similar to the preceding rule, ensure that the legitimes of the
legitimate children and of the surviving spouse are not
impaired. To illustrate, the value of the estate is P200K. There
are 2 legitimate children and 5 illegitimate children. Following
Art. 983 literally will give us P50K for each legitimate child and
P25K for each illegitimate child. However, this would be more
than the value of the estate. Thus, the share of the illegitimate
children are adjusted to P20K each.
Illegitimate parents are excluded by children of any class
1/3 share for the surviving spouse if (1) the marriage was
celebrated in articulo mortis; (2) the other spouse dies within
three months; (3) the spouse who dies is the person who was
contemplating death at the time of the marriage; and (4) they
have not lived together for five years.
Share of a full-blood is twice the share of a half-blood
Collateral Relatives
No distinction between half-blood and full-blood
Nearer excludes the remote
No representation
Up to the 5th degree only

State
Personal property city/municipality of residence; if nonresident, where it may be found
Real property city/municipality where it may be found
same as 1 LC
of 1 LCa
or d
None
same as LC
Twice an IC
of 1 LCb
Entire Estate
Entire Estate
Entire Estate
None
Entire Estate
None
None
Entire Estate
Entire Estate
Limitations to Legitimes of Compulsory Heirs

o Reserva Troncal Its purpose is to prevent people
outside the family to receive property, by chance or
accident, property which otherwise would have
remained with the said family.
Azys
Notes
o Disinheritance Art. 91816 provides the requisites

of a valid disinheritance. Art. 919-921 provides for the
grounds for the disinheritance of compulsory heirs.
The compulsory heir may be deprived of his legitime
as a consequence of the disinheritance. He, however,
may still inherit through intestate succession.
o Reserva Adoptiva In Teotico v del Val, the Court
held that under our law, the relationship established
by adoption is limited solely to the adopter and the
adopted and does not extend to the relatives of the
adopting parents or of the adopted child except only
as expressly provided for by law. Hence, no
relationship is created between the adopted and the
collaterals of the adopting parents. As a consequence,
the adopted is an heir of the adopter but not of the
relatives of the adopter.
Reserva Troncal
o Transfer of the Properties
(1) Ascendant, brother or sister who transfers
subject property by gratuitous title to the
Descendant of the Reservista (a.k.a.
Mediate source)
(2) Descendant of the Reservista (a.k.a.
Prepositus)
(3) Reservista who inherits from the
Descendant by intestate succession
16
b.
c.
d.
e.
f.
g.
h.
Notes
Requisites of a valid disinheritance:It must be done in a

valid will;
It must be express;
There must be a true cause;
The cause must be existing;
It must be total and complete;
The cause must be stated in the will;
The heir disinherited must be identified;
The will must not have been revoked.
(4) Relatives who are within the third degree

and who belong to the line from which said
property came (a.k.a. Reservatorios)
o The three degrees is counted from the prepositus
o It is not required that a reservatorio be alive at the
time of death of the prepositus. What is important
is that he is alive to inherit at the time of death of
the reservista.
o If there are no reservatorios at the time of death of
the reservista, the property subject of reserva
troncal forms part of the estate of the reservista
o Apply the rules on intestate succession:
Nearer excludes the more remote
Representation in favor of the children of
predeceased siblings (nephews and nieces)
of the prepositus
A full-blood is entitled to a share double
that of a half-blood
COLLATION PROBLEM: X died intestate in 1985 leaving
3 legitimate children (A, B and C) and 2 illegitimate
children (D and E). He donated P30K to F, a friend, in 1970;
to A, P40K in 1975, and to D P50K in 1980. He left an estate
amounting to P100K with debts in the amount of P40K.
o Who will inherit from the estate? What are their
respective shares?
(1) Deduct the debts of the estate from the Gross
Estate to find the value of the Net Hereditary
Estate
P100K P40K = P60K
(2) Add the value of the properties donated 17 unless
such donation is not subject to collation 18 to find
17 Use values at the time of donation

18 What donations are not subject
to collation?Donations
made by a person who does not have compulsory heirs.
Collation is done so as not to impair the legitime. Here,
Azys 10

the value of the Distrubutable Estate; The
Distributable Estate is the basis for the calculation
of legitimes
P60K + P120K = P180K
(3) Determination of the Legitimes
Legitimate children = P30K each
Illegitimate child = P15K each
(4) Determination of the Free Portion
P180K (P30K x 3) (P15K x 2) = P60K
(5) Charging
If the donee is a compulsory heir, the
donation is to be charged to his legitime
unless the donor provided otherwise
there is no such legitime that may be impaired.
When in a donation to a compulsory heir, the testator
provided that said donation shall not be subject to
collation.**
When a donee who is also a compulsory heir repudiates the

inheritance, those donations that he received will not be
subject to collation.**
Donations given by ascendants to the children of the

compulsory heir in the descending line (e.g. Grandfather of
A donated property to A. As grandfather died with As
father as one of the surviving compulsory heirs. As father
is not obliged to bring into collation the donated property)
Property donated to the spouse of a child (but if the

property was donated to the spouses jointly, the childs
share will be subject to collation)
Expenses for support, education, medical attendance,

apprenticeship, ordinary equipment or customary gifts.
Expenses incurred by the parents in giving their children a

career unless they impair the legitime If the legitime is
impaired, the sum which the child would have spent if he
had lived in the house of his parents are not included in the
collation.
Wedding gifts to ascendants that do not exceed 1/10 of the

free portion
**The general rule is that a donation to a compulsory heir is
collated (imputed or charged) to his legitime.
Notes
A P30K to the legitime

D P15K to the legitime
If the donation to the compulsory heir is
greater than his or her legitime, charge the
excess to the free portion
A P10K
D P35K
If the donee is not a compulsory heir, the
donation is to be charged to the freely
disposable portion
F P30K
o In the problem above, it appears that there is P15K
worth of inofficious donation. Who will suffer the
reduction?
Reduction of devises and legacies pro-rata.
Reduce the donations. Follow the later-intime rule (Last in, First out) but be careful
not to impair the legitime. In this case, the
donation to D must be reduced by P15K.
What if the FP is not enough to provide for the legacies and
devices? Art. 911 provides a rule. However, Art. 950 also
provides for a pecking order. Apply Art. 950 if the scenario is
purely among legatees and devisees. Otherwise, apply Art.
911.
If a donation is void, it will not be a subject of collection.
Instead it will be part of the gross estate.
Principles Affecting the Freely Disposable Portion: (1)
Institution of Heirs; (2) Substitution; and (3) Legacies and
Devises
May there be a valid institution of heir pertaining to the
entire estate? Yes, if there are no compulsory heirs or the
instituted heirs are also the compulsory heirs.
May a will be valid even though there are no heirs
instituted? Yes, there may be legacies and devises.
Azys 11
The following are presumptions in the institution of heirs: (1)

presumption of equality; (2) presumption of individuality;
and (3) presumption of simultaneity.
o If the instituted heirs are brothers but one is of the
half-blood while the other is of the full-blood, the
presumption is that their shares are equal.19
(Presumption of equality)
o I hereby institute A, B and the 10 children of C as my
heirs. Interpret this that their share in the estate is to
be divided into 12 shares. (Presumption of
individuality)
o In testatmentary succession, if a parent and his
children are instituted, the parent and his children
will inherit simultaneously. Rule on proximity does
not apply. (Presumption of simultaneity)
Kinds of Institution:
(1) Simple (I hereby give my car to A
(2) Conditional (I hereby give my car to A upon As passing
the bar exam)
(3) Modal (I hereby give you a piece of land but with the
obligation to deliver 10 cavans of rice to my spouse)
If the condition happens, its effect will retroact to
the date of the death of the testator. However, the
heir must have capacity to succeed at the time of the
happening of the suspensive condition.
Generally, conditions not to marry are prohibited in
testamentary dispositions. However, the prohibition does
not apply when the condition is imposed on the surviving
spouse by the deceased spouse or by the latters ascendants
or descendants.
If condition is impossible, condition is considered not
written. This is the same rule in donations inter vivos.
19 Contrast this with intestate succession where the 2:1

proportion applies
Notes
Contrast these two to impossible conditions in onerous

obligations. Under Art. 1183, the obligation which depends
upon the condition are annulled. In the first and second, it is
the condition that is nullified.
An heir subject to a suspensive term has vested rights over
the inheritance. However, the inheritance is not demandable
until the happening of the term.
A mode does not suspend but obligates unlike a
condition which does not obligate but suspends. For
this reason, the law requires a caucion muciana or a security
to be put up to protect the right of the heirs (who would
succeed to the property) in case the condition, term or mode
is violated.
To be construed as a mode, it must be a clear obligation and
not just a wish on the part of the testator.
The definition of substitution under 859 does not
contemplate fideicommissary substitution. This is so
because in a fideicommissary substitution both the original
heir and the substitute inherit from the testator (hence the
requirement that both must be living at the time of the death
of the testator). But if you read 859, it presupposes that
substitution only happens if the original heir should die,
repudiate, or be incapacitated to accept the inheritance. This
is not the case in a fideicommissary substitution.
A simple substitution, without a statement of the cases to
which it refers, shall comprise the three possible causes for
substitution: (1) predecease; (2) repudiation; and (3)
incapacity.20
In fideicommissary substitution, the 2nd heir must be one
degree away from the 1 st heir. They must both be living and
qualified at the time of death of the testator. The 1 st heir has
the obligation to preserve the property inherited and
transmit the same to the heir either at a given time or upon
20 RIP
Azys 12
his death. In the event that the 2 nd heir dies before the
transmission, his successors may succeed by representation.
This is because from the moment of death of the testator, the
rights of the 1st and 2nd heirs are vested.21
Capacity to succeed of the substitute would be in
relation to the testator and not the heir to be substituted.
X has two children A and B. His net estate is P1M. In his
will, he instituted A and B as his sole heirs. However, there
was a provision in the will obliging B to give to Y P25K per
month for 1 year. How much will Y get? P25K x 12 months =
P300K but this will impair Bs legitime. Therefore, Y may
only receive a maximum of P250K so that Bs legitime of
P250K will not be impaired.
What are the rules with respect to legacies and devisees
when they are bequeathed by the testator even though he
did not own the same?
o If testator did not know that he did not know it,
legacy or devise is void. (Art. 930, vitiated by
mistake)
o If testator knew, Art. 931 applies whether or not
there was an order to buy the devise or legacy in
the will. It is to be presumed that the estate is
ordered to do so to fulfill the obligation imposed
by the testamentary disposition.
What if the legacy or devise is already owned by the legatee
or devisee at the time of execution of the will? This is an
ineffective legacy or devise.
What if the legacy or devise was acquired by the legatee or
devisee after the execution of the will? Depends if the
acquisition was gratuitous or onerous. If onerous, the legatee
or devisee will be reimbursed.
21 Dont confuse this with reserva troncal where the death of the
Who will reimburse the legatee or devisee in the problem

above? If it is a sub-legacy or a mode (e.g. I will give to you
of my estate if you give B a car), it is the heir who must
make the reimbursement. Otherwise, it is the estate.
Is there any situation where the reimbursement need not be
made eventhough the legatee or devisee acquired after the
execution the legacy or devise by gratuitous title? Yes, if the
legatee or devisee acquired the same from the testator.
What if the legacy or devise has been pledged or
mortgaged? It is immaterial whether the pledge or mortgage
of the thing was done before or after the execution of the will.
The debt must be paid to release the thing from the debt or
mortgage.
What is a legacy of credit? It is a legacy wherein the testator
bequeths to another a credit against a third person. E.g. I
give to B all the debts A owes me.
What is a legacy of remission? It is a testamentary
disposition of a debt in favor of the debtor. E.g. I give to A
everything as legacy his debt to me.
Note however that the legacy of credit or remission will
only cover those debts incurred prior to the
execution of the will. Thus, even if the will states that
testator will pay his credit of P1M to the legatee, if at the time
of death only P50K remains of the P1M loan, only the P50K
will be paid out as legacy.
Moreover, a judicial suit against the debtor in a legacy of
credit or remission essentially revokes the legacy of credit or
remission.
What are the rules with respect to generic devises and
indeterminate devises? A generic legacy is valid
eventhough there is nothing of the same kind which
exists in the estate. The estate will have to buy it. The rule
is different with respect to indeterminate devises. There
reservatorios will result in the property going to the estate of the

reservista
Notes
Azys 13
must exist immovables of the same kind for the devise to be

valid.
A legacy for education lasts until the legatee is of age in order
that the legatee may finish his professional, vocational or
general course.
A legacy for support lasts for the lifetime of the legatee. The
amount, if not indicated by the testator, will be presumed to
be the same as the amount given by the testator to the
legatee when the testator was still living. Circumstances such
as the social standing and the needs of the legatee as well as
the value of the estate will also be taken into consideration in
the determination of the amount of the legacy of support.
The 2:1 Proportion Rule with respect to half-bloods
and full-bloods does not apply (1) in testamentary
succession; (2) in reserva troncal; and (3) when
collateral relatives inherit by intestate succession.
Day 12: Succession and Property Relations22

Lecture on Succession
What is the proximity rule? The relative nearest in degree
excludes the more distant ones. Each generation forms a
degree.
What are the exceptions to the proximity rule?
1. Right of representation
2. Direct line preferred over collateral line
3. Nephews and nieces exclude uncles and aunts even though
they may be of the same degree
4. Full blood preferred over half-blood
5. Legitimate children is preferred over illegitimate children
6. Iron curtain bar
Whether in testamentary or intestate succession,
there is never a right of representation in the
ascending line; only in the descending line.
There is no right of representation in the collateral
line except in intestate succession with respect to
the children of brothers and sisters.
In the right of representation, the person representing
inherits directly from the deceased and not from the person
being represented. This is most relevant in cases of
incapacity (e.g. grandson committed an act of unworthiness
against his father, grandson can still inherit from his
grandfather through right of representation.)
Exceptions to the equal distribution principle
1. Right of representation
2. In the ascending line only equal between maternal and
paternal lines
Accretion takes place only if there is no substitution (testate)
or no representation (testate and intestate).
22Notes for 2nd half of Day 12 only
Notes
Azys 14
Accretion is the presumed will but a substitution is an

express will. Between a presumed will and an express will,
the one expressed prevails.
In testamentary succession, accretion takes place if there are
two or more persons called to the same inheritance, the
share of the heir who dies, renounces or becomes
incapacitated accrue to the other heirs. (e.g. Car is bequethed
to A and B. A dies. The car goes to B alone.)
In testamentary succession, follow this order:
o If the institution of heirs fails (predecease,
incapacitated or renounce), substitution occurs.
o If there is no substitution, the right of
representation applies in the direct
descending line to the legitime if the vacancy
is caused by predecease, incapacity or
disinheritance.
o The right of accretion applies to the free
portion if two or more persons are called to the
same inheritance and one or some (but not all) of
the said heirs predecease, renounce or be
incapacitated.
In intestacy, accretion always takes place when
inheritance is renounced because there is no
representation in repudiation.
There is no representation in repudiation. This is regardless
of whether the inheritance repudiated was by will or by law.
There is also no right of representation in favor of
an illegitimate child with respect to his legitimate
parents. On the other hand, an illegitimate child of an
illegitimate parent may represent such illegetimate parent in
their grandparents estate.
A disinherited heir may be representated when he is
a compulsory heir but only up to the value of his
Notes
legitime. A disinherited heir may not be represented under

any other circumstance.
A disinherited heir may also inherit through intestate
succession but only to the value of his legitime.
Should the part repudiated be the legitime, the other co-heirs
shall succeed to in their own right, and not by the right of
accretion. Although the effect is tially the same.
Bars to accretion: (1) express provision; (2) substitution; (3)
representation; (4) when the shares have been designated
and such sharing are not equal23
Partition may be done (1) thru a will; (2) by asking a
third person to take charge of the partition; or (3) by
agreement among all the heirs through an
extrajudicial settlement when there is no will and no
creditors.
Before the partition of the land, one of the heirs sold his
share. May the other heirs redeem the property? Yes, within
30 days from written notice or from actual notice.
Quiz
An action filed by a co-owner against another will not
prosper. False A co-owner may file an action against another
co-owner. E.g. Action for partition; Action for ejectment
when the co-owner takes exclusive possession and asserts
exclusive ownership over the co-owned property (De Guia)
Possession constitutes the foundation of a prescriptive
right. False. The possession should be adverse possession. In
Bogo-Medellin Milling, the Court held that for possession
to constitute the foundation of a prescriptive right,
it must be under claim of title or adverse. It must be
coupled with the element of hostility towards the true
owner.
23 If the sharing, by will, is not equal, the portion of the person who
predecease or who is incapacitated will not go to the other testate heir, but
will be distributed to the legal heirs instead.
Azys 15
An easement is non-apparent if it is used at intervals and

depends on the act of man, like the easement of right of
way. False. An easement is discontinuous if it is used at
intervals and deoends on the act of man (e.g. road v.
drainage). It is the presence of physical signs indicating their
existence that makes an easement apparent (asphalt road v.
unpaved road). The determination of whether an easement is
continuous or discontinuous or whether it is apparent or
non-apparent is relevant in determining whether the
easement may be acquired by prescription. Only
continuous and apparent easements may be
acquired by prescription of 10 years. All other
easements are acquired by virtue of a title.
An easement or servitude is a personal right, constituted on
the corporeal movable property of another, by virtue of
which the owner has to refrain from doing, or must allow
someoene to do something on his property, for the benefit of
another thing or person. False. An easement must be
constituted on an immovable property.
Donations of an immovable property must be in writing to
be valid. False. The law further requires that donation be
on a public instrument specifying therein the
property donated and the value of the charges, if
any.24
The non-registration of a deed of donation does not affect
its validity. True. The registration of a donation does not
affect its validity. However, it must be registered in
order to affect third persons.
24
Notes
If movable property is donatedOral donation with

simultaneous delivery of the thing to be donated or the
document representing the right donated
Both donation and acceptance must be in writing if the
value of the movable exceeds P5K
The lease of a property for more than one year is

considered not merely an act of administration but an act
of strict dominion or ownerhsip. False. This should be lease
of real property.
In case of double sale of real property which is registered
under the Torrens system, mere registration is not enough
to give such registrar a better right over the property. True.
The registration should have been done in good faith.
A builder in good faith cannot be compelled to pay rentals
during the period of retention nor be disturbed in his
possession by ordering him to vacate. True. In Nuguid, the
Court held that the right of retention is considered as one of
the measures devised by the law for the protection of
builders in good faith. Its object is to guarantee full and
prompt reimbursement of necessary and useful expenses
The owner of the land has the right to offset or compensate
the necessary and useful expenses incurred by the builderpossesor in good faith with the fruits received by the latter.
False. See Nuguid case cited above. Builder possessor in
good faith has to be reimbursed.
Legal easements are those established by the will of the
owners. False. Legal easements are established by law.
Voluntary easements are those established by the will of the
owners.
A person, as a buyer or mortgagee, is not required to go
beyond what appears on the face of the covering title itself.
False. When the OCT/TCT is in the name of the seller when
the land is sold, the buyer has a right to rely on what appears
on the face of the document. If there is nothing that indicates
any irregularity, he is not expected to make further
investigations or inquiries. However, the rule above does not
apply to banks since a higher degree of diligence is expected
of them.
Where the party has knowledge of a prior existing interest
which is unregistered at the time he acquired a right to the
Azys 16
same land, his knowledge of that prior unregistered interest

has the efect of registration as to him. True.
Ordinary acquisitive prescription requires possession of
things in good faith and with just title for a period of thirty
years. FALSE. Only ten years is required for acquisitive
prescription if the possession is in good faith and with just
title. It is in extraordinary acquisitive prescription that thirty
years of open, continuous, exclusive and notorious
possession is required.
The statutory period of prescription starts when a person
who has neither title nor good faith, secures tax declaration
in his name and may, therefore, be said to have adversely
claimed the ownership of the lot. False. The statement is
only accurate if the person who acquired the tax declaration
is in actual possession of the land.
Ownership is one of the attributes of possession. False. Its
the other way around.
Those who occupy the land of another at the latters
tolerance without any contract between them, are
necessarily bound by an implied promise that the occupants
will vacate the property upon demand. True.
A co-owner of an undivided parcel of land is an owner of
the whole, and over the whole he exercises the right of
dominion. True.
There is still co-ownership even if the different portions
owned by different people have already been concretely
determined and separately identified if they have not yet
been technically described. False. There is no co-ownership
if the property has been partitioned.
An action to demand partition is imprescriptible and not
subject to laches. True. A co-owner may demand partition
anytime except (1) if there is an agreeement to keep the thing
undivided25; (1) if the donor or testator prohibited

partition26; or (3) if it is prohibited by law.
Sample Bar Exam Questions
Manila Petroleum Co. owned and operated a petroleum

operation facility off the coast of Manila. The facility was
located on a floating platform made of wood and metal,
upon which was permanently attached the heavy
equipment of the petroleum operations and living quarters
of the crew. The floating platform likewise contained a
garden area, where trees, plants and flowers were planted.
The platform was tethered to a ship, the MV 101, which was
anchored to seabed.
(1) Is the platform movable or immovable property?
Immovable under par. 9 of Art. 415 if it can be shown that
it was intended to remain fixed on the sea.
(2) Are the equipment and living quarters movable or
immovable property?
Immovable under par. 5 of Art. 415 if it can be shown that
they are being used for the industry, and that they were
permanently attached to the immovable property by the
owner of said immovable property.
(3) Are the trees, plants and flowers immovable or
immovable property?
25 said agreement cannot indicate more than 10 years but this

period may be extended by a new agreement
26 the prohibition cannot be for more than 30 years
Notes
Azys 17

Yes. Under par. 2 of Art. 415, trees, plants and growing
fruits are immovable while they are attached to another
immovable property. Flowers, although not expressly
included in the enumeration, can fall under growing
fruits.
Salvador, a timber concessionare, built on his lot a

warehouse where he processes and stores his timber for
shipment. Adjoing the warehouse is a furniture factory
owned by NARRAMIX of which Salvador is a majority
stockholder. NARRAMIX leased space in the warehouse
where it placed its furniture-making machinery.
(1) How would you classify the furniture-making
machinery as property under the Civil Code?
Movable. It was not attached to the land by the owner of
the land but only by the lessee. Except in cases where the
Court applies the doctrine of piercing the veil of
corporate fiction, Salvador, although a majority
stockholder of Narramix, is a separate entity from the
corporation.
(2) Suppose the lease contract between Salvador and
NARRAMIX stipulates that at the end of the lease the
machinery shall become the property of the lessor, will
your answer be the same?
My answer would be different. In Davao Saw Mill, the
Court ruled that the lessee was acting as an agent of the
lessor of the premises. Therefore, the machinery attached
by lessee Narramix was, by fiction of law, attached by
owner Salvador.
Notes
The following things are property of public dominion,

except:
(1) Ports and bridges constructed by the State Art. 420
(2) Vehicles and weapons of the AFP for public service
(3) Rivers Art. 420
(4) Lands reclaimed by the state from the sea ANSWER;
This is patrimonial property of the State that may be
alienated.
Which of the following statements is worng?

(1) Patrimonial property of the state, when no longer
intended for public use or for public service, shall
become property of public dominion
(2) All property of the State, which is not of public
dominion, is patrimonial property
(3) The property of provinces, cities and municipalities is
divided into property for public use and patrimonial
property
(4) Property is either of public dominion or of private
ownerhship
Answer: (1) because it is the other way around
ANSWER; It is the other way around. Property of public
dominion, when no longer intended for public use or for
public service, shall become patrimonial property of the
state.
(2) is true. Property owned by the State which is not
intended for public use or public service is patrimonial.
(3) is true. Property of provinces, cities and
municipalities is divided into property for public use and
patrimonial property. Property for public use in these
LGUs consist of the provincial roads, city streets,
municipal streets, the squares, fountains, public waters,
Azys 18

promenades, and public works for publc service paid for
by the concerned LGUs. All others are patrimonial
property.
(4) Property is either of public dominion or of private
ownership.
The relevance of distinguishing public properties from
private ones is that the former are exempt from execution
because of their necessity for governmental functions.
For the same reason, properties of the public domain are
not within the commerce of men.
Distinguish occupation from possession

(1) Both are modes of acquiring ownership
(2) Occupation is a way of acquiring things that are
appropriable by nature which are without an owner
such as animals, hidden treasure and abandoned
movables. It is, however, not a mode for acquiring a
piece of land.
(3) On the other hand, possession is a mode for acquiring
both movables and immovables. In the case of
immovables, such possession must be adverse in
character.
Anthony bought a piece of untitled agricultural land from
Bert. Bert, in turn, acquired the property by forging Carlos
signature in a deed of sale over the property. Carlo had
been in possession of the property for 8 years, declared it
for tax purposes, and religiously paid all taxes due on the
property. Anthony is not aware of the defect in Berts title,
but has been in actual physical possession of the property
from the time he bought it from Bert, who had never been in
possession. Anthony has since then been in possession of the
property for one year.
Notes
(1) Can Anthony acquire the property through acquisitive

prescription?
Yes. He can acquire the property through acquisitive
prescription because the subject land is unregistered
property.
(2) How many years does Anthony need?
1 year because Anthony is a possessor in good faith. Thus,
the 8 years of possession by Carlo can be continued by
Anthony to acquire the real property through ordinary
acquisitive prescription.
(3) If Carlo is able to legally recover his property, can he
require Anthony to account for all the fruits he has
harvested from the property while in possession?
No. The general rule is that the fruits pertain to the
owner. There are exceptions to this rule such as: (1) when
possessor of the land receives the fruits in good faith; (2)
in antichresis where the creditor gets the fruits; (3) in
usufructuary where the possesor has the right to enjoy
the fruits; and (4) in a lease agreement where the lessee
gets the natural and industrial fruits.27
(4) If there are standing crops on the property when Carlo
recovers possession, can Carlo appropriate them?
Yes. Art. 448 applies since both parties acted in good
faith. Carlo, as owner of the land, has the following
options:
a. Appropriate the fruits
27 PAUL
Azys 19

b. Compel Bert, who is a sower in good faith, to rent
the land
Marcelino, a treasure hunter as just a hobby, has found a

map which appears to indicate the location of hidden
treasure. He has an idea of the land where the treasure
might possibly be found. Upon inquiry, Marcelino learns
that the owner of the land, Leopoldo, is a permanent
resident of Canada. Nobody, however, could give him
Leopoldo's exact address. Ultimately, anyway, he enters the
land and conducts a search. He succeeds. Leopoldo,
learning of Marcelino find", seeks to recover the treasure
from Marcelino but the latter is not willing to part with it.
Falling to reach an agreement, Leopoldo sues Marcelino for
the recovery of the property, Marcelino contests the action.
How would you decide the case?
(1) Is this still by chance since he found a map and used it
to find the hidden treasure?
No. It is by chance if it is by good luck. In this case,
Marcelino used a map to find it.
(2) Is Leopoldo entitled to a share?
Yes. The owner of the land is the owner of its surface and
everything under it. Assuming arguendo that Marcelino
found the subject property by chance and that the find is
therefore hidden treasure, Leopoldo is still entitled to
ownership of the subject property. Under Art. 438,
hidden treasure belongs to the owner of the land,
building or other property on which it is found.
Marcelino would have been entitled to a 50% share
except that he was a trespasser.
Notes
Adam, a building contractor, was engaged by Blas to

construct a house on a lot which he (Blas) owns. While
digging on the lot in order to lay down the foudation of the
house, Adam hit a very hard object. It turned out to be the
vault of the old Banco de las Islas Filipinas. Using a
detonation device, Adam was able to open the vault
containing old notes and coins which were in circulation
during the Spanish era. While the notes and coins are no
longer legal tender, they were valued at P100 million
because of their historical value and the coins silver nickel
content. The following filed legal claims over the notes and
coins:
(1) Adam, as finder;
(2) Blas, as owner of the property where they were found;
(3) Bank of the Philippine Islands, as successor-in-interest
of the owner of the vault; and
(4) The Philippine Government because of their historical
value.
Who owns the notes and coins?
From RJ: It depends on how you argue:
a. It can belong to BPI if you argue that the vault containing
the notes and coins are not hidden treasure (because the
ownership of which is apparent), but simply a lost movable;
hence the finder has the duty to return (but the finder will
get 1/10 as finder's share) (see 439, 720)
b. It can belong to Adam, as finder, and Blas, as owner if you
argue that it is a res nullius (owned by no one) because of the
length of time and therefore, a hidden treasure.
Azys 20

Assuming that either or both Adam and Blas are adjudged
as owners, will the notes and coins be deemed part of their
absolute community or conjugal partnership of gains with
their respective spouses?
From RJ: As for the question whether or not it will form part
of the community property or conjugal property, the answer
is yes. It forms part of community property because it is
property that is acquired during the marriage. It forms part
of conjugal property by express provision of law 117 (4).
Demetrio knew that a piece of land bordering the beach

belonged to Ernesto. However, since the latter was studying
in Europe and no one was taking care of the land Demetrio
occupied the same and constructed thereon nipa sheds with
tables and benches which he rented out to people who want
to have a picnic by the beach. When Ernesto returned, he
demanded the return of the land. Demetrio agreed to do so
after he has removed the nipa sheds. Ernesto refused to let
Demetrio remove the nipa sheds on the ground that these
already belonged to him by right of accession. Who is
correct?
Ernesto is correct. Demetrio built the nipa huts with the
knowledge that Ernesto owned the lot and without the
consent of Ernesto. He was therefor a builder in bad faith. In
cases where the landowner acted in good faith while the
builder acted in bad faith, Art. 449 applies. Thus, the builder,
planter or sower loses what is built, planted or sown, and the
landowner becomes the owner of the same.
As an alternative, Ernesto may demand the demolition of the
nipa hut at the expense of Demetrio in order to restore the
land to its former condition.
Notes
Another option available to Ernesto is to compel Demetrio to

buy the land regardless if the value of the land is
considerably more than the nipa hut.
In all three cases, the landowner is entitled to damages and
the builder, planter or sower has a right to be reimbursed for
necessary expenses for the preservation of the land.
In good faith, Pedro constructed a five-door commercial

building on the land of Pablo who was also in good faith.
When Pablo discovered the construction, he opted to
appropriate the building by paying Pedro the cost thereof.
However, Pedro insists that he should be paid the current
market value of the building, which was much higher
because of inflation.
(1)
Who is correct, Pedro or Pablo?
Pablo is correct. Under Article 448 of the New Civil Code in

relation to Article 546, the builder in good faith is entitled to
a refund of the necessary and useful expenses incurred by
him, or the increase in value which the land may have
acquired by reason of the improvement, at the option of the
landowner. The option between the two is determined by the
landowner Pablo.
The case of Pecson v. CA is not applicable to the problem. In
the Pecson case, the builder was the owner of the land who
later lost the property at a public sale due to non-payment of
taxes. The Court ruled that Article 448 does not apply to the
case where the owner of the land is the builder but who later
lost the land; not being applicable, the indemnity that should
be paid to the buyer must be fair market value of the building
and not just the cost of construction thereof. The Court
Azys 21

opined in that case that to do otherwise would unjustly
enrich the new owner of the land.
(2)
In the meantime that Pedro is not yet paid, who is

entitled to the rentals of the building, Pedro or Pablo?
Pablo is entitled to the rentals of the building. As the owner

of the land, Pablo is also the owner of the building being an
accession thereto. However, Pedro who is entitled to retain
the building is also entitled to retain the rentals. He,
however, shall apply the rentals to the indemnity payable to
him after deducting reasonable cost of repair and
maintenance.
For many years, the Rio Grande river deposited soil along
its bank, beside the titled land of Jose. In time, such deposit
reached an area of one thousand square meters. With the
permission of Jose, Vicente cultivated the said area. Ten
years later, a big flood occurred in the river and
transferred the 1,000 square meters to the opposite bank,
beside the land of Agustin. The land transferred is now
contested by Jose and Agustin as riparian owners and by
Vicente who claims ownership by prescription. Who should
prevail,? Why?
Jose should prevail. The disputed area, which is an alluvion,
belongs by right of accretion to Jose, the riparian owner (Art.
457). When, as given in the problem, the very same area was
"transferred" by flood waters to the opposite bank, it became
an avulsion and ownership thereof is retained by Jose who
has two years to remove it (Art. 459, CC).
Vicente's claim based on prescription is baseless since his
possession was by mere tolerance of Jose and, therefore, did
not adversely affect Jose's possession and ownership (Art.
Notes
537, CC). Inasmuch as his possession is merely that of a

holder, he cannot acquire the disputed area by prescription.
The properties of Jessica and Jenny, who are neighbors, lie

along the banks of the Marikina River. At certain times of
the year, the river would swell and as the water recedes,
soil, rocks and other materials are deposited on Jessica's
and Jenny's properties. This pattern of the river swelling,
receding and depositing soil and other materials being
deposited on the neighbors' properties have gone on for
many years. Knowing this pattern, Jessica constructed a
concrete barrier about 2 meters from her property line and
extending towards the river, so that when the water
recedes, soil and other materials are trapped within this
barrier. After several years, the area between Jessica's
property line to the concrete barrier was completely filled
with soil, effectively increasing Jessica's property by 2
meters. Jenny's property, where no barrier was
constructed, also increased by one meter along the side of
the river.
(1) Can Jessica and Jenny legally claim ownership over
the additional 2 meters and one meter, respectively,
of land deposited along their properties?
Only Jenny may legally claim ownership over the
additional one meter in her property. Under Art. 457, to
the owners of lands adjoining the banks of rivers belong
the accretion which they gradually receive from the
effects of the current of the waters. Deposit should be
gradual and natural without intervention of man. By
constructing a barrier to trap the soil and other materials
brought by the water, the accretion can no longer be said
to have been from the effects of the current of the
Marikina River.
Azys 22

Ulpiano also regularly paid taxes on the land, as shown by
tax declarations, for over thirty years.
(2) If Jessica's and Jenny's properties are registered,

will the benefit of such registration extend to the
increased area of their properties?
When Marciano learned of the increase in the size of the

land, he ordered Ulpiano to demolish the huts, and
demanded that he be paid his share in the proceeds of the
harvest. Marciano claims that under the Civil Code, the
alluvium belongs to him as a registered riparian owner to
whose land the accretion attaches, and that his right is
enforceable against the whole world.
No, there is a need to register the accretion. To the

owners of land adjoining banks of rivers belong the
accretions it receives from the gradual effects of the
current of the waters. When the accretion was created, its
ownership was passed automatically to Jenny. However,
there is still a need to register the same in order for that
portion of the land to be imprescriptible.
Is Marciano correct? Explain.
(3) Assume the two properties are on a cliff adjoining

the shore of Laguna Lake. Jessica and Jenny had a
hotel built on the properties. They had the earth and
rocks excavated from the properties dumped on the
adjoining shore, giving rise to a new patch of dry
land. Can they validly lay claim to the patch of land?
From RJ: Marciano is correct. As the registered riparian

owner of the land, the alluvium (resulting from effects of the
current of the waters) belongs to him and his right is
enforceable against the world.
What rights, if any, does Ulpiano have against Marciano?
Explain.
No. This is reclamation without the authority of the State.

As held in Chavez v PEA, reclaimed land belongs to the
State. Since the bed of the lake is public dominion then
everything above it is also part of public dominion.
Marciano is the owner of a parcel of land through which a

river runs out into the sea. The land had been brought
under the Torrens System, and is cultivated by Ulpiano and
his family as farmworkers therein. Over the years, the river
has brought silt and sediment from its sources up in the
mountains and forests so that gradually the land owned by
Marciano increased in area by three hectares. Ulpiano built
three huts on this additional area, where he and his two
married children live. On this same area, Ulpiano and his
family planted peanuts, monggo beans and vegetables.
Notes
From RJ: Ulpiano, who is a builder and sower in bad faith,

has the right to receive reimbursement for the necessary
expenses of preservation of the land (452) and if Marciano
appropriates the harvest, to the expenses in his production,
gathering, and preservation (443).
Alex died without a will, leaving only an undeveloped and

untitled lot in Taguig City. He is survived by his wife and 4
children. His wife told the children that she is waiving her
share in the property, and allowed Bobby, the eldest son
who was about to get married, to construct his house on
of the lot, without however obtaining the consent of his
siblings. After settlement of Alexs estate and partition
among the heirs, it was discovered that Bobbys house was
Azys 23

constructed on the portion allocated to his sister, Cathy.
Cathy asked Bobby to demolish his house and vacate the
portion allotted to her. In lieu of demolition, Bobby offered
to purchase from Cathy the lot portion on which his house
was constructed. At that time, the house was valued at
P300,000 while the portion of the lot on which the house
was constructed was valued at P350,000.
a)
Can Cathy lawfully ask for demolition of Bobbys
house?
Based on the facts, there appears to be no reason to believe
that Bobby knew that the land where he constructed his
house was on the lot portion alloted to Cathy. Thus, in the
absence of contrary facts, it is to be presumed that Bobby
acted in good faith. Since Cathy and Bobby both acted in
good faith, the provisions of Art. 448 applies. There are only
three alternatives available to the landowner in Art. 448 and
demolition of the building, planting or sowing is not one of
them. Demolition is only available in cases where the
landowner acted in good faith while the builder, planter or
sower acted in bad faith.
Donation Inter Vivos vis--vis Donation Mortis Causa

Donation Inter Vivos
The act is immediately operative,
even if the actual execution may be
deferred until the death of the donor
May be revocable or irrevocable28
The death of the donor irrelevant
after conveyance since the thing
already belongs to the donee upon
donation.
**In case of doubt, the conveyance should be deemed donation

inter vivos rather than mortis causa, in order to avoid
uncertainty as to the ownership of the property subject of the
deed.
b)
Can Bobby legally insist on purchasing the land?
No, it is the landowner who has the option between (1)

appropriating the work, planting or sowing for himself or (2)
selling the land to the builder or planter or renting the land
to the sower.
Donation Mortis Causa

Nothing is conveyed to the grantee
and nothing is acquired by the latter,
until the death of the grantortestator, the disposition being until
then ambulatory and not final
Revocable
The death of the donee before the
grantor-testator will render the
testamentary disposition in donees
favor inoperative since there is no
right
of
representation
in
testamentary succession except with
respect to legitimes.
Ownership may be exercised over things and rights. An

owner has the right to enjoy and dispose the thing, as well as
the right to file an action against the holder or possessor to
recover it.29
Possession is the holding of the thing and the enjoyment of a
right. It is acquired by the material occupation of the thing or
the exercise of a right, or by the fact that it is subject to the
action of our will or by the proper acts and legal formalities
established for acquiring rights.
Actions to Recover Property:
o If movable, replevin.
o If immovable:
To recover possession
28 The specification in a deed of the causes whereby the act may
Notes
be revoked by the donor indicates that the donation is inter vivos.

29 RED (recover, enjoy, dispose)
Azys 24
Forcible entry must be filed within 1

year from dispossession or within 1 year
from discovery of dispossession if
stealth was employed by defendant;
dispossession must be due to force,
intimidation,
stealth,
treaths,
or
strategy30
Unlawful detainer must be filed within
1 year from the time the possession
became unlawful
Accion publiciana must be brought
within 10 years
To claim ownership
Accion reinvindicatoria must be
brought within 10 or 30 years, dependng
on whether the other party seeks to
obtain ownership over the property
through ordinary or extraordinary
prescription
Actual possession under claim of ownership raises
disputable presumption of ownership. The true owner
must resort to judicial process for th recovery of the
property. In such actions, the property must be identified
and the plaintiff must rely on the strength of his title and not
the weakness of the defendants claim.
If an entire parcel is possessed under claim of ownership,
there is constructive possession of the entire parcel,
unless a portion thereof is adversely possessed by another.
What are the rules or criteria to be used in case of conflict
or dispute regarding possession?
1. The present possessor should be preferred
2. If both are present possessors, the one longer in
possession
3. If the dates or possession are the same, the one who

presents a title
4. If all conditions are equal, the thing shall be placed in
juducial deposit pending determination by the court
What are the rules in case of double sale or double donation
of an immovable?
1. First to register in good faith
2. If there is no registration, first to possess in good faith
3. If there was no possession, the person who presents
the oldest title, provided it was acquired in good faith
What is the rule in case of double sale or double donation of
a movable? First possessed in good faith.
Lopez v Orosa: A building is by itself is an immovable
property irrespective of whether or not said structure and the
land on which it is adhered to belong to the same owner.
Davao Saw Mill: Machinery which is movable by nature
becomes immovable only when placed by the owner of the
property or plant, but not when so placed by a usufructuary,
a tenant or any person only having temporary rights, unless
such person acted as an agent of the owner.
Extraordinary applications of Art. 448:
o Children were invited by the parents to occupy their
lot (Macasaet v Macasaet)
o The builder, planter or sower was the owner himself
who subsequently lost the land thru public auction
(Pecson v CA)
30 FISTS
Notes
Azys 25

Rules in BPS
Presumption is that landowner built whatever is built,
planted or sown.
Landowner used other persons materials
If landowner and owner of materials both in GF (also applies
if both are in BF)
- landowner must pay for the materials used
- owner of materials has right to remove materials but
only if if he can do so without injury to the work
constructed, or without destroying the plantings,
constructions or works
If landowner in BF but owner of materials in GF
- landowner must pay for the materials used
- plus damages
- owner of materials has right to remove materials
If landowner in GF but owner of materials in BF? Maybe
same situation as landowner in GF but BPS in BF
Builder, Planter or Sower on somebody elses land
than the value of the works or planting or compel

the sower to rent the land
BPS has a right of retention in case landowner chooses to
appropriate the building, planting or sowing
If landowner in GF but BPS in BF

- BPS loses what is built, planted or sown without right to
indemnity but is entitled to reimbursement of necessary
expenses of preservation of the land
- Landowner has two options:
o (1) Demolish the works or remove the planting or
sowing at the expense of the BPS
o (2) Compel the BP to buy the land regardless of the
disproportionality in the price of the works,
planting or sowing and of the land or compel the
sower to rent the land
- In both cases, the landowner is entitled to indemnity
If landowner in BF but BPS in GF (Note: this is similar to a
situation where the landowner was in BF and used the materials
of someone else who acted in GF)
- Landowner must pay for the value of the materials
- Plus damages
- Owner of materials has right to remove materials
If landowner and BPS both in GF (also applies if they are both in

BF)
- landowner has two options:
o (1) appropriate the works, plantings or sowing
upon reimbursing the BPS of necessary and useful
expenses; or
o (2) compel the builder and planter to buy the land
if the value of the land is not considerably more
Notes
Azys 26

Incapacity and Disinheritance
1. Priest or minister who heart the confession or extended
spiritual aid to testator during testators last illness
including his
a. Relatives to the 4th civil degree
b. Church or institution to which such priest or
minister belongs
2. Guardian but only before the final accounts of the
guardianship have been approved
3. An attesting witness to the will including his
a. Spouse
b. Parents
c. Children
4. Physician, nurse or health officer who took care of the
testator during his last illness
5. Those not permitted by law to inherit
Art 1028 in relation to 739
(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 consideration thereof;
(3)
Those made to a public officer or his wife, descendants
and ascendants, by reason of his office.
Art. 1032: Causes of unworthiness
(1)
Parents who:
- Abandoned their children or
- induced daughter to lead a corrupt or immoral life or
- attempted against their virtues
(2)
Convicted of an attempt against the life of the testator, his
or her spouse, descendants or ascendants;
(3)
Accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation
has been found to be groundless
Notes
(4)
Knew of testators violent death but failed to report the
same within 1 month
(5)
Convicted of adultery or concubinage with the spouse of
the testator;
(6)
By fraud, violence, intimidation, or undue influence
should cause the testator to make a will or to change one already
made;
(7)
Any person who by the same means prevents another
from making a will, or from revoking one already made, or who
supplants, conceals, or alters the latter's will;
(8)
Any person who falsifies or forges a supposed will of the
decedent.
What grounds are common in disinheritance and unworthiness?
Art. 1032 except (4), (7) and (9).
(4) Fails to report testators violent death within 1 month (Note:
Sir said this is inoperative because there is no such obligation in
law)
(7) Prevents testator from making or revoking a will or who
conceals or alters the same
(8) Falsifies or forges a testators supposed will
**With respect to the cause attempt on the life of the testator,
his or her spouse or any of his descendants or ascendants, if a
descendant is the one being disinherited, a finding of guilit by
final judgment is necessary. For all other persons, a conviction
of an attempt on the life is enough
Azys 27

Grounds for the ff:
Declaration of marriage null and void
1. Art 35: Essential and formal requisites (Below 18;
Authorization of Solemnizing Officer; No marriage
license; Bigamous; Mistake in Identity; Failure to register
partition and distribution)
2. Art. 36: Psychological Incapacity
3. Art. 37: Incestuous (between brothers and sisters;
between ascendants and descendants)
4. Art. 38: Public Policy (Adopting parents, adopted
children and their spouses; Killed own spouse or other
persons spouse; Step parents and step children)
5. Art. 41 when both parties acted in BF
1.
2.
3.
4.
Annullment of marriage
18-21 no parental consent
Insanity
Force, intimidation or undue influence
Concealment of: (1) Crime involving moral turpitude; (2)
STD; (3) Habitual alcoholism; (4) Drug addiction; (5)
Homosexuality; or (6) Pregnant by another man
5. Inability to consummate marriage
6. Serious and incurable STD
5. Drug addiction or habitual alcoholism

6. Lesbianism or homosexuality
7. Contracting a bigamouse marriage
8. Sexual infidelity or perversion
9. Attempt against the life
10. Abandonment without justifiable cause for more than 1
year
Judicial separation of property
1. Voluntary agreement between the spouses
2. Sentenced to a penalty which carries with it civil
interdiction
3. Judicially declared absentee
4. Loss of parental authority
5. Abandoned spouse
6. Spouse granted administration powers in the marriage
settlement abused such power
7. Separated in fact for at least 1 year and reconciliation is
improbable
1.
2.
3.
4.
Administration of exclusive property of the other

spouse
Becomes the guardian of the other spouse
Judicially declared absentee
Sentenced to a penalty which carries with it civil
interdiction
Fugitive
Legal separation
1. Repeated physical violence to spouse or any of his or her
children
2. Physical abuse or moral influence to compel to change
religious or political affiliations
3. Attempt or connive to induce or corrupt to engage in
prostitution
4. Final judgment of imprisonment of more than 6 years
Notes
Azys 28

Children conceived and born oustide of wedlock will be
legitimated by a subsequent valid marriage between the
parents. NOT ALWAYS TRUE. It may be that the child was
conceived at a time when there was a legal impediment to the
marriage of the childs parents.
The action to claim legitimacy ay be brought by the child
during his or her lifetime and shall be transmitted to the
heirs who shall have a period of five years within which to
institute the action. THIS ONLY APPLIES TO MINORS.
Children conceived and born during the marriage of the

parents are legitimate. TRUE. The law only requires that the
child be conceived or born. This more than complies with the
law.
Under Art. 147, wages and salaries are divided equally. It is
with respect to properties that there is co-ownership.
Children conceived and born outside a valid marriage are

illegitimate. THERE ARE EXCEPTIONS (e.g. Art. 36).
Notes
Azys 29

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Legatees and devisees are persons to whom gifts of real and

1Art. 16 states that

(1) the order of succession; (2) amount of

Uribe Civil Law Review (Succession and Property)

A was one of the three witnesses in the execution of the will

The intrinsic validity of testamentary dispositions shall be

Uribe Civil Law Review (Succession and Property)

probated in the Philippines? Either French or Philippine law.

Bellis case: Art. 17 is no longer an exception to Art. 16. Thus,

Day 10: Succession

Facts that must be indicated:Number of pages used in

Uribe Civil Law Review (Succession and Property)

Acknowledged before a notary public by the testator and

formalities attendant thereto. To be a witness, what

Qualifications of Witnesses to Wills:sound mind

Disqualifications of Witnesses to Wills:Not domiciled in the

Uribe Civil Law Review (Succession and Property)

Incorporation v Codicil v New Will

Ex. In previous will,

In the incorporation of document by reference, do the

the will may be republished through a codicil which will refer

Three Modes of Revocationby operation of law

Uribe Civil Law Review (Succession and Property)

inoperative, the revocation fails and the original will remains

Day 11: Succession12

Uribe Civil Law Review (Succession and Property)

May a disinherited heir inherit more than his legitime such

Incapacity under Art. 1027 (1) to (5) and under Art.

Uribe Civil Law Review (Succession and Property)

disinheritance has been made, such disinheritance is set

granted by the court, a will disinheriting the guility spouse is

14 What grounds are common in disinheritance and

Uribe Civil Law Review (Succession and Property)

Legitimes and Intestate Succession15

Equal shares for

Legitimes and Intestate SuccessionThe legitime of an

No distinction between half-blood and full-blood

Nearer excludes the remote

Up to the 5th degree only

Personal property city/municipality of residence; if nonresident, where it may be found

Real property city/municipality where it may be found

Limitations to Legitimes of Compulsory Heirs

Uribe Civil Law Review (Succession and Property)

o Disinheritance Art. 91816 provides the requisites

Requisites of a valid disinheritance:It must be done in a

(4) Relatives who are within the third degree

17 Use values at the time of donation

Uribe Civil Law Review (Succession and Property)

When a donee who is also a compulsory heir repudiates the

Donations given by ascendants to the children of the

Property donated to the spouse of a child (but if the

Expenses for support, education, medical attendance,

Expenses incurred by the parents in giving their children a

Wedding gifts to ascendants that do not exceed 1/10 of the

A P30K to the legitime

Uribe Civil Law Review (Succession and Property)

The following are presumptions in the institution of heirs: (1)

19 Contrast this with intestate succession where the 2:1

Contrast these two to impossible conditions in onerous

Uribe Civil Law Review (Succession and Property)

Who will reimburse the legatee or devisee in the problem

reservatorios will result in the property going to the estate of the