Chapter 2: Testamentary Succession no person may give by way of donation more than he

Section 5: Legitime may give by will. (Art 762)

ARTICLE 886. LEGITIME IS THAT PART OF THE ARTICLE 887. THE FOLLOWING ARE COMPULSORY
TESTATORS PROPERTY WHICH HE CANNOOT DISPOSE HEIRS:
OF BECAUSE THE LAW HAS RESERVED IT FOR CERTAIN (1) LEGITIMATE CHILDREN AND DESCENDANTS,
HEIRS WHO ARE, THEREFORE CALLED COMPULSORY WITH RESPECT TO THEIR LEGITIMATE PARENTS
HEIRS. AND ASCENDANTS;
(2) IN DEFAULT OF THE FOREGOING, LEGITIMATE
3 Systems Affecting Legitime: PARENTS AND ASCENDANTS, WITH RESPECT
1. System of Legitime (Partial Reservation) Part TO THEIR LEGITIMATE CHILDREN AND
legitime and part free portion DESCENDANTS;
2. System of Total Reservation everything goes (3) THE WIDOW OR WIDOWER;
to compulsory heirs, as long as there is at least (4) ACKNOWLEDGED NATURAL CHILDREN AND
one. NATURAL CHILDREN BY LEGAL FICTION;
3. System of Total Freedom of Disposition No (5) OTHER ILLEGITIMATE CHILDREN REFERED TO
legitime. Everything is free IN ARTICLE 287.
COMPULSORY HEIRS MENTIONED IN NOS. 3, 4
Purpose of Legitime AND 5 ARE NOT EXCLUDED BY THOSE NOS. 1 AND 2;
1. To protect the children and surviving widow or NEITHER DO THEY EXCLUDE ONE ANOTHER.
widower from the unjustified anger and IN ALL CASES OF ILLEGITIMATE CHILDREN,
thoughtlessness of the other spouse. THEIR FILIATION MUST BE DULY PROVED.
2. If there are no compulsory heirs, it follows that THE FATHER OR MOTHER OF ILLEGITIMATE
there is no legitime. CHILDREN OF THE 3 CLASSES MENTIONED, SHALL
3. Legitime may be received in 2 aspects: as a right INHERIT FROM THEM IN MANNER AND TO THE EXTENT
and as the property itselg\f ESTABLISHED BY THIS CODE.
4. The testator cannot deprive his compulsory
heirs of their legitime except in cases expressly Classes of Compulsory Heirs
specified by law. Neither can he impose upon Primary Compulsory Heirs Secondary Compulsory
the same any burden, encumbrance, condition, (heirs get their legitime even in Heirs
or substitution whatsoever (Art 904), except, of the presence of the other (They inherit only in the
primary compulsory heirs and absence or default of another
course, the condition that the property will not even the presence of secondary compulsory heir)
be divided for a period not exceeding 20 years compulsory heirs)
(Art 870). (1) Legitimate and their (4) Legitimate Parents
Descendants (Art 992) and Ascendants Only
Compulsory called so because the testator cannot inherit in default of #1
disregard them but they are never compelled to accept (2) Surviving Spouse (5) Illegitimate Parents
the legitime for no one can compel another to receive a (No other ascendants)
gift or an economic advantage. Only inherit in default of
#1 and #3
Vested Right to the Legitime: (3) Illegitimate Children
It is undeniable that a necessary or forced heir and their Descendants
(compulsory heir), according to the system of legitimes, (legitimate or illegitimate)
has by provision of law, from the time of his birth, a (Art 902)
vested right to eventually acquire the inheritance from
his ascendants, the right to be actually vested, from the Brothers and sisters, along with strangers (friends), are
moment of death. Such vested right is inherent with his termed VOLUNTARY HEIRS (heirs when the testator
filiation to which belong the obligations and rights of wants; from free portion) OR DEVISEES OR LEGATEES as
the author of his being. the case may be.

Right of Completion of Legitime

If some heirs are genuinely interested in
securing that part of their late fathers property which
has been reserved for them in their capacity as
compulsory heris, then they should simple exercise
their action ad supplendam legitiman, or their right of
completion of legitime

Effect of Donations:
The law respects the legitime so much that even
donations inter vivos are to be reduced if found
inofficious (That is, if found to exceed free portion) for
Articled of the Civil Code Involving the Legitimes of the Compulsory Heirs:
ARTICLE 888. THE LEGITIME OF THE LEGITIMATE LEGITIMATE CHILDREN AND ASCENDANTS
CHILDREN AND DESCENDANTS CONSIST OF ONE-HALF
OF THE HEREDITARY ESTATE OF THE FATHER AND OF
THE MOTHER.
THE LATTER MAY FREELY DISPOSE OF THE
REMAINING HALF, SUBJECT TO THE RIGHTS OF THE
ILLEGITIMATE CHILDREN AND OF THE SURVIVING
SPOUSE AS HEREIN PROVIDED.

ARTICLE 889. THE LEGITIME OF THE LEGITIMATE LEGITIMATE PARENTS OR ASCENDANTS

PARENTS AND ASCENDANTS CONSISTS OF ONE-HALF
OF THE HEREDITARY ESTATES OF THEIR CHILDREN
AND DESCENDANTS.
THE CHILDREN OR DESCENDANTS MAY
FREELY DISPOSE OF THE OTHER HALF, SUBJECT TO
THE RIGHTS OF ILLEGITIMATE CHILDREN AND OF THE
SURVIVING SPOUSE AS HEREINAFTER PROVIDED.

ARTICLE 890. THE LEGITIME RESERVED FOR THE DIVISION OF LEGITIME OF LEGITIMATE PARENTS OR
LEGITIMATE PARENTS SHALL BE DEVIDED BETWEEN ASCENDANTS
THEM EQUALLY; IF ONE OF THE PARENTS SHOULD
HAVE DIED, THE WHOLE SHALL PASS TO THE
SURVIVOR.
IF THE TESTATOR LEAVES NEITHER FATHER OR
MOTHER, BUT IS SURVIVED BY ASCENDANTS OF
EQUAL DEGREE OF THE PATERNAL AND MATERNAL
LINES, THE LEGITIME SHALL BE DIVIDED EQUALLY
BETWEEN BOTH LINES. IF THE ASCENDANTS SHOULD
BE OF DIFFERENT DEGREES, IT SHALL PERTAIN
ENTIRELY TO THE ONES NEAREST IN DEGREE OF
EITHER LINE.

ARTICLE 892. IF ONLY ONE LEGITIMATE CHILD OR A. ONE LEGITIMATE CHILD OR DESCENDANT CONCURRING
DESCENDANT OF THE DECEASED SURVIVES, THE WITH THE SURVIVING SPOUSE
WIDOW OR WIDOWER SHALL BE ENTITLED TO ONE-
FOURTH OF THE HEREDITARY ESTATE. IN CASE OF
LEGAL SEPARATION, THE SURVIVING SPOUSE MAY
INHERIT IF WAS THE DECEASED WHO HAD GIVEN
CAUSE FOR THE SAME.
IF THERE ARE TWO OR MORE LEGITIMATE B. TWO OR MORE LEGITIMATE CHILDREN OR DESCNEDANTS
CHILDREN OR DESCENDANTS, THE SURVIVING TOGETHER WITH THE SURVIVING SPOUSE
SPOUSE SHALL BE ENTITLED TO A PORTION EQUAL TO
THE LEGITIME OF EACH OF THE LEGITIMATE
CHILDREN OR DESCENDANTS.
IN BOTH CASES, THE LEGITIME OF THE
SURVIVING SPOUSE SHALL BE TAKEN FROM THE
PORTION THAT CAN BE FREELY DISPOSED BY THE
TESTATOR.

ARTICLE 893. IF THE TESTATOR LEAVES NO LEGITIME LEGITIMATE PARENTS OR ASCENDANTS WITH THE SURVIVING
DESCENDANTS BUT LEAVES LEGITIME ASCENDANTS, SPOUSE
THE SURVIVING SPOUSE SHALL HAVE A RIGHT TO
ONE FOURTH OF THE HEREDITARY ESTATE.
THIS FOURTH SHALL BE TAKEN FROM THE
FREE PORTION OF THE ESTATE.
ARTICLE 894. IF THE TESTATOR LEAVES ILLEGITIMATE ILLEGITIMATE CHILDREN WITH SURVIVING SPOUSE
CHILDREN, THE SURVIVING SPOUSE SHALL BE
ENTITLED TO ONE-THIRD OF THE HEREDITARY ESTATE
OF THE DECEASED AND THE ILLEGITIMATE CHILDREN
TO ANOTHER THIRD. THE REMAINING THIRD SHALL
BE THE FREE DISPOSAL OF THE TESTATOR.
ARTICLE 895 (3). THE LEGITIME OF THE ILLEGITIMATE LEGITIMATE CHILDREN OR DESCENDANTS WITH NATURAL AND
CHILDREN SHALL BE TAKEN FROM THE PORTION OF OTHER ILLEGITIMATE CHILDREN
THE ESTATE AT THE FREE DISPOSAL OF THE
TESTATOR, PROVIDED THAT IN NO CASE SHALL THE
TOTAL LEGITIME OF SUCH ILLEGITIMATE CHIRLDREN
EXCEED THAT FREE PORTION, AND THAT THE
LEGITIME OF THE SURVIVING SPOUSE MUST FIRST BE
FULLY SATISFIED.

ARTICLE 896. ILLEGITIMATE CHILDREN WHO MAY LEGITIMATE PARENTS OR ASCENDANTS AND ILLEGITIMATE
SURVIVE WITH LEGITIMATE PARENTS OR CHILDREN
ASCENDANTS OF THE DECEASED SHALL BE ENTITLED
TO ONE-FOURTH OF THE HEREDITARY ESTATE TO BE
TAKEN FROM THE PORTION AT THE FREE DISPOSAL
OF THE TESTATOR.

ARTICLE 897. WHEN THE WIDOW OR WIDOWER SURVIVING SPOUSE WITH LEGITIMATE CHILDREN OR
SURVIVES WITH LEGITIMATE CHILDREN OR DESCENDANTS AND NATURAL CHILDREN
DESCENDANTS, AND ACKNOWLEDGED NATURAL
CHILDREN, OR NATURAL CHILDREN BY LEGAL
FICTION, SUCH SURVIVING SPOUSE SHALL BE
ENTITLED TO A PORTION EQUAL TO THE LEGITIME OF
EACH OF THE LEGITIMATE CHILDREN WHICH MUST BE
TAKEN FROM THAT PART OF THE ESTATE WHICH THE
TESTATOR CAN FREELY DISPOSE OF.

ARTICLE 898. IF THE WIDOW OR WIDOWER SURVIVES SURVIVING SPOUSE WITH LEGITIMATE CHILDREN OR
WITH LEGITIMATE CHILDREN OR DESCENDANTS, AND DESCENDANTS AND ILLEGITIMATE CHILDREN OTHER THAN
WITH ILLEGITIMATE CHILDREN OTHER THAN NATURAL
ACKNOWLEDGED NATURAL, OR NATURAL CHILDREN
BY LEGAL FICTION, THE SHARE OF THE SURVIVING
SPOUSE SHALL BE THE SAME AS THAT PROVIDED IN
THE PRECEEDING ARTICLE. Rule in Case of Legitime and Illegitimate Children Surviving
Together (With or Without the Surviving Spouse)
(a) First, give the legitimes of the legitimate children and of
the surviving spouse (if any)
(b) Secondly, give the legitimes of the illegitimate children in
proportion to the legitime of the legitimate children (10,5)
if estate is SUFFICIENT (for in no case should the
legitimes of the legitimate children and of the surviving
spouse be reduced)
(c) If estate is NOT SUFFICIENT, just give whatever remains of
the estate to the illegitimate children.
ARTICLE 899. WHEN THE WIDOW OR WIDOWER SURVIVING SPOUSE WITH (AT LEAST ONE) LEGITIMATE
SURVIVES WITH LEGITIMATE PARENTS OR PARENTS OR ASCENDANTS AND (AT LEASTT ONE) ILLEGIMATE
ASCENDANTS AND WITH ILLEGITIMATE CHILDREN, CHILDREN
SUCH SURVIVING SPOUSE SHALL BE ENTITLED TO
ONE-EIGHT OF THE HEREDITARY ESTATE OF THE
DECEASED WHICH MUST BE TAKEN FROM THE FREE
PORTION, AND THE ILLEGITIMATE CHILDREN SHALL
BE ENTITLED TO ONE-FOURTH OF THE ESTATE WHICH
SHALL BE TAKEN ALSO FROM THE DISPOSABLE
PORTION. THE TESTATOR MAY FREELY DISPOSE OF
THE REMAINING ONE-EIGHT OF THE ESTATE.
ARTICLE 900. IF THE ONLY SURVIVOR IS THE WIDOW
OR WIDOWER, SHE OR HE SHALL BE ENTITLED TO
ONE-HALF OF THE HEREDITARY ESTATE OF THE
DECEASED SPOUSE, AND THE TESTATOR MAY FREELY
DISPOSE OF THE OTHER HALF.
IF THE MARRIAGE BETWEEN THE SURVIVING
SPOUSE AND THE TESTATOR WAS SOLEMNIZED IN
ARTICULO MORTIS, AND THE TESTATOR DIED WITHIN
THREE MONTHS FROM THE TIME OF THE MARRIAGE,
THE LEGITIME OF THE SURVIVING SPOUSE AS THE
SOLE HEIR SHALL BE ONE-THIRD OF THE HEREDITARY
ESTATE, EXCEPT WHEN THEY HAVE BEEN LIVING AS
HUSBAND AND WIFE FOR MORE THAN FIVE YEARS. IN
THE LATTER CASE, THE LEGITIME OF THE SURVIVING
SPOUSE SHALL BE THAT SPECIFIED IN THE
PRECEEDING PARAGRAPH.
SURVIVING SPOUSE ALONE
General Rule: Surviving spouse, if she is the ONLY compulsory
heir left, gets
Exception Surviving Spouse get 1/3 if:
(a) The marriage was in articulo mortis;
(b) And the testator/ testatrix died within 3 months from
the time of the celebration of marriage. (Applies only if
it was the deceased who was in danger of death at the
time of marriage and the cause of death was the same
illness existing at the time of marriage)
(reason: to avoid marriage purely for Financial Gain)
Exception to exception Surviving spouse gets if despite the
presence of requirements of (b), the couple had been living
previously as husband and wife (without marriage) for more
than 5 years. (reason: suspicion of financial profit motive is
more or less erased)

ARTICLE 901. WHEN THE TESTATOR DIES LEAVING
ILLEGITIMATE CHILDREN AND NO OTHER
COMPULSORY HEIRS, SUCH ILLEGITIMATE CHILDREN
SHALL HAVE A RIGHT TO ONE-HALF OF THE
HEREDITARY ESTATE OF THE DECEASED.
THE OTHER HALD SHALL BE AT THE FREE
DISPOSAL OF THE TESTATOR.
ILLEGITIMATE CHILDREN, WITH NO OTHER COMPULSORY HEIR
ARTICLE 902. THE RIGHTS OF ILLEGITIMATE CHILDREN SET
FORTH IN THE PRECEEDING ARTICLES ARE TRANSMITTED
UPON THEIR DEATH TO THE DESCENDANTS, WHETHER
LEGITIMATE OR ILLEGITIMATE.

ARTICLE 903. THE LEGITIME OF THE PARENTS WHO A. PARENTS OF THE ILLEGITIMATE CHILD WHO LEAVES
HAVE AN ILLEGITIMATE CHILD, WHEN SUCH CHILD NEITHER LEGITIMATE DESCENDANTS, NOR A SURVIVING
LEAVES NEITHER LEGITIMATE DESCENDANTS, NOR A SPOUSE, NOR ILLEGITIMATE CHILDREN
SURVIVING SPOUSE, NOT ILLEGITIMATE CHILDREN, IS
ONE-HALF OF THE HEREDITARY ESTATE OF SUCH
ILLEGITIMATE CHILD. IF ONLY LEGITIMATE OR
ILLEGITIMATE CHILDREN ARE LEFT, THE PARENTS ARE
NOT ENTITLED TO LEGITIME WHATSOEVER. IF ONLY B. PARENTS OF THE ILLEGITIMATE CHILD WITH THE
YHE WIDOW OR WIDOWER SURVIVES WITH PARENTS SURVIVING SPOUSE
OF THE ILLEGITIMATE CHILD, THE LEGITIME OF THE
PARENTS IS ONE-FOURTH OF THE HEREDITARY
ESTATE OF THE CHILD, AND THAT OF THE SURVIVING
SPOUSE ALSO ONE-FOURTH OF THE ESTATE.
Note: Art 903 refers only to illegitimate parents and not to
other ascendants like parents of the illegitimate parents. This
rule here is different from the case of the grandparents of a
legitimate child, for they may inherit in default of legitimate
parents.

Legitimate Children: All the children or descendants of
the deceased spouse are included whether they be of
the recently dissolved or any previous marriage.
Legacy or Devise to Surviving Spouse: Any devise or
legacy given to the surviving spouse should be
considered as being in addition to his or her legitime,
and must therefore be charged to the free portion. Such
devise or legacy should be considered in the same
footing as those given to strangers.
Presence of Grandchildren: if there be no children (or
all children repudiated), but there are, say, six
grandchildren, the share of the surviving spouse should
not be the same of the grandchildren but should be
computed on the number of children which said
grandchildren are supposed to represent, for after all,
grandchildren inherit by right of representation.
The right of representation is given both to legitimate
and illegitimate descendants of illegitimate children.
The illegitimate descendants CANNOT inherit by right of
representation of legitimate children (Reason: Barrier
between the legitimate family) [This is UNFAIR because
if allowed, this would place the illegitimate children of
illegitimate children in better position that the
illegitimate children of legitimate children. ;/ The law, as
harsh as it is, must be applied.]
Shares of Representatives: When representative are of
different classes (legitimate, acknowledged or spurios),
they inherit in the SAME PROPORTIONS as in Art 895,
since this is also the rule in legal succession and
succession by representation is nothing but succession
by OPERATION OF LAW.
RESERVA TRONCAL
ARTICLE 891. THE ASCENDANT WHO INHERITS FROM
HIS DESCENDANT ANY PROPERTY WHICH THE LATTER
MAY HAVE ACQUIRED BY GRATUITOUS TITLE FROM
ANOTHER ASCENDANT, OR A BROTHER OR SISTER, IS
OBLIGED TO RESERVE SUCH PROPERTY AS HE MAY
HAVE ACQUIRED BY OPERATION OF LAW FOR THE
BENEFIT OF RELATIVES WHO ARE WITHIN THE THIRD
DEGREE AND WHO BELONG TO THE LINE FROM WHICH
SAID PROPERTY CAME.
Purpose of Reserva Troncal: To keep the property in the
family to which the property belongs.
At Least FOUR (4) People involved:
1. ORIGIN - The ASCENDANT or brother or sister
from whom the property came
Must be LEGITIMATE relative because
Reserva Troncal exist only in the
legitimate family
Transmission from the origin to
propositus must be by gratuitous title
2. PROPOSITUS The Descendant who acquired
the property gratuitously (donation, remission,
testamentary succession, legal succession)
The Descendant or brother or sister
whose death gave rise to the reserve
From whom the 3rd degree is counted
Must be a legitimate descendant (or
legitimate half-brother or half-sister) of
the origin of the property
He may defeat the reserve by not giving
the property to the ascendant by
operation of law effective partition or
testamentary succession may happen
3. RESERVOR/ RESERVISTA The Ascendant who
in turn acquired the property from the
descendant by operation of law
Person who inherits by OPERATION of
Law
Who has the obligation to preserve
Ownership in the property: full
ownership subject to resolutory
condition (if at the reservors death,
there should still exist relatives within
3rd degree of the propositus, and
belonging to the line from which the
property came from, the reservors
ownership is terminated.
Property is not part of reservors estate
if the resolutory condition happens and
the property cannot be subject to the
reservors debts.
In general, the reservoir must make an
INVENTORY (including the actual
condition of the properties and their
value) of the reservable property, and
must furnish a BOND, SECURITY or
MORTGAGE to guarantee the safe
delivery later on to the reserve of the
properties concerned, or their values, in
the proper cases. [Bond/
security/mortgage is not needed when
the property has been registered as
SUBJECT to the reservation or reserve
troncal]
UNLESS: the property involved
is a real property, the inventory can be
any form, judicially or extrajudicially,
private or public writing. If real property
is involved, its eventual registration
necessarily presupposes the execution
of a public instrument
Reservoir is liable for all deteriorations
imputable to his neglect, fault or malice
The reservor, being full owner of the
reservable PERSONAL property, may
donate, sell, or pledge them and the
done-purchaser becomes full owner of
the property. reservees should be
reimbursed for whatever they lost by
virtue of such donation, sale or pledge.
May the property subject to reserve be
alienated?
Inasmuch as the reservoir is not
mere usufructuary, the answer is YES,
without prejudice to reimbursement by
his estate concerning personal
properties and without prejudice to the
reservation insofar as real properties
are concerned.
Said alienation or encumbrance
can even be made without the consent
of, or notice to, the reserves.
If reservable land is registered
under the Torrens System as FREE, an
innocent purchaser for value will be
preffered over the reservee. However,
the estate of the reservoir will of course
have to indemnify the reserve.
If the real property is registered
as FREE but the purchaser knows of the
existence of the reserve, it is clear that
he buys the property subject to reserve
(actual knowledge is equivalent to
 registration). Reservees can get the real
property from the buyer. Of course, it is
permissible for the reservees to ratify
the sale (they validly renounce their
right to reserva)
The reservoir is duty bound NOT to
substitute the reservable property with
others
If the property is lost or destroyed
through his fault or, in case the real
property is now in the ahsnds of an
innocent purchaser for value who
cannot be made to give up the
property, the reservoir must respond
either with money or with equivalent
substitute property.
Reserva Troncal constitutes a restriction
or limitation on the right to the
Legitime of ascendants.
4. RESERVEES/ RESERVATARIOS the relatives
within the 3rd degree belonging to the line from
which the property came
The reservee must be a legitimate
relative of the origin and propositus
Are the ones who will become full
owners of the property the moment the
READ THE FUCKING page 315 to 342!
The Legitime of the Forced heir Cannot be Impaired
NO DEPRIVATION OR BURDEN ON THE LEGITIME
ARTICLE 904. THE TESTATOR CANNOT DEPRIVE HIS
COMPULSORY HEIRS OF THEIR LEGITIME, EXCEPT IN
CASES SPECIFIED BY LAW.
NEITHER CAN HE IMPOSE UPON THE SAME
ANY BURDEN, ENCUMBRANCE, CONDITION OR
SUBSTITUTION OF ANY KIND WHATSOEVER.
Reason: due to the very nature of the legitime
that part exclusively reserved for the forced
heirs
Should there be any charge, condition,
substitution or encumbrance upon the legitime,
said charge etc shall be considered as not
imposed or disregarded or as not written,
except of course the prohibition to partition the
inheritance, including legitime, for a period of
not exceeding 20 years (Art 1083)
ONLY WAY TO DEPRIVE COMPULSORY HEIRS:
DISINHERITING THEM ACCORDING TO ART 916
AND 917
Intentional or unintentional PRETERITION does
not deprive the compulsory heirs of their
legitime, and as a matter of fact, preterition
shall annul the institution of heir (Art 854)
RENUNCIATION OR COMPROMISE OF FUTURE LEGITIME
ARTICLE 905. EVERY RENUNCIATION OR COMPROMISE
AS REGARDS TO FUTURE LEGITIME BETWEEN THE
PERSON OWING IT AND HIS COMPULSORY HEIRS IS
VOID, AND THE LATTER MAY CLAIM THE SAME UPON
THE DEATH OF THE FORMER; BUT THEY MUST BRING
reservoir dies such death extinguish
the reserva
Requisites of valid passing of title:
1. Death or the reservatario or
reservoir
2. The fact that the reservista had
survived the reservatario
They inherit from the propositus not
from the reservor
Extinguishment of the Reserva
1. Death of the reservoir
2. Death of all the would-be reservees AHEAD of
the reservor
3. Loss of the reservable properties, provided the
reservor had no fault or negligent (accidental
loss)
4. Prescription (as when the reservor or stranger
holds property adversely against the reservees,
as FREE from the reserve BF real 30 yrs,
personal 8 yrs)
5. Registration under Torrens System as free from
the reservation (without prejudice to the
liability of the reservor to the reservees)
6. Renunciation or waiver by ALL the reservees
AFTER the death of reservoir.
TO COLLATION WHATEVER THEY MAY HAVE RECEIVED
BY VIRTURE OF RENUNCIATION OR COMPROMISE.
Reason: the right to future legitime is a mere
expectancy, an inchoate right regarding future
inheritance, hence, it cannot be made the subject of a
contract inasmuch as it is against public policy.
RIGHT OF FORCED HEIR FOR HIS LEGITIME: Right of
Completion of Legitime
ARTICLE 906. ANY COMPULSORY HEIR WHOM THE
TESTATOR HAS LEFT BY ANY TITLE LESS THAN THE
LEGITIME BELONGING TO HIM MAY DEMAND THAT
THE SAME BE FULLY SATISFIED.
REDUCTION OF INOFFICIOUS TESTAMENTARY
DISPOSITION
ARTICLE 907. TESTAMENTARY DISPOSITIONS THAT
IMPAIR OR DIMINISH THE LEGITIME OF THE
COMPULSORY HEIRS SHALL BE REDUCED ON PETITION
OF THE SAME, INSOFAR AS THEY MAY BE INOFFICIOUS
OR EXCESSIVE
Can be availed only by compulsory heirs
Applies only to testamentary dispositions
Reason: the legitime of the forced heir cannot
be impaired
DETERMINATION OF THE VALUE OF THE HEREDITARY
ESTATE AND LEGITIME
ARTICLE 908. TO DETERMINE THE LEGITIME, THE
VALUE OF THE PROPERTY LEFT AT THE DEATH OF THE
TESTATOR SHALL BE CONSIDERED PROPERTY LEFT AF
THE DEATH OF THE TESTATOR SHLL BE CONSIDERED,
DEDUCTING ALL DEBTS AND CHARGES, WHICH SHALL
NOT INCLUDE, THOSE IMPOSED IN THE WILL.
TO THE NET VALUE OF THE HEREDITARY
ESTATE, SHALL BE ADDED THE VALUE OF ALL
DONATIONS BY THE TESTATOR THAT ARE SUBJECT TO
COLLATION, AT THE TIME HE MADE THEM.
FORMULA FOR THE COMPUTATION OF THE NET
HEREDITARY ESTATE
NET HEREDITARY ESTATE = PROPERTY LEFT DEBTS
AND CHARGES + VALUE OF COLLATIONABLE
DONATIONS
Charges not the charges imposed in the will
(like legacies) but the charges which, even
without the will, would be demandable
Value of Collationable Donations not at the
time of death but at the time the donations
were made [Reason: ownership was transfered
once the donation was accepted, the increase in
value will be given to the done or the perils of
the property donated]
How is the Value of the Estate be determined?
(a) If there are JUDICIAL PROCEEDINGS where the
estate is settled, the ADMINISTRATOR must
determine the value of the estate with the help
of tax appraiser
(b) If there are no juridical proceedings, the heirs
must also determine the value of the estate,
subject to the provisions of the IRC. MV must be
considered it is presumed that Assessed Value
= MV :/
DONATIONS INTER VIVOS TO CHILDREN AND
STRANGERS
ARTICLE 909. DONATIONS GIVEN TO CHILDREN SHALL
BE CHARGED TO THEIR LEGITIME.
DONATION MADE TO STRANGERS SHALL BE
CHARGED TO THAT PART OF THE ESTATE OF WHICH
THE TESTATOR COULD HAVE DISPOSED BY HIS LAST
WILL.
INSOFAR AS THEY MAY BE INOFFICIOUS OR
MAY EXCEED THE DISPOSABLE PORTION, THEY SHALL
BE REDUCED ACCORDING TO THE RULES ESTABLISHED
BY THIS CODE.
DONATION TO CHILDREN:
(a) First to the childs legitime
(b) If legitime cannot cover such donation, excess
should be charged to free portion
(c) If it is still excessive, they should be reduced so
as not to impair the legitime of others.
DONATION TO STRANGERS
(a) May donations to strangers be reduced?
YES, if found inofficious or they exceed the
amount set for free disposal.
(b) Should Donation Intervivos to strangers be
collated?
3 Views:
1. According to Sanchez Roman, Scaevola and
Manressa, SHOULD NOT since Art 1061 on
collation speaks only of compulsory heirs
being forced to collate.
2. According to Falcon, Morrel, the SC of Spain
and Capistrano, SHOULD BE since they
should be considered as advances on the
free disposal just as the donation to
children be considered as advances to their
inheritance or legitime.
(Paras agrees to this opinion)
3. According to Phil SC, citing Manresa,
Donation are collationable only when the
heir of the deceased are forced heirs and
when it is proven that they prejudice the
legitime.
DONATION TO ILLEGITIMATE CHILDREN ALSO
CHARGED AGAINST LEGITIME
ARTICLE 910. DONATIONS WHICH AN ILLEGITIMATE
CHILD MAY BE RECEIVED DURING THE LIFETIME OF HIS
FATHER OR MOTHER, SHALL BE CHARGED TO HIS
LEGITIME.
SHOULD THEY EXCEED THE PORTION THAT
CAN BE FREELY DISPOSED OF, THEY SHALL BE REDUCED
IN THE MANNER PRESCRIBED IN THIS CODE
Donation are collationable
Never impair the legitime of the legitimate
children
Any donation in excess of the legitime shall be
charged to the free disposal and shall be
considered in the same category as donations
to strangers.
ARTICLE 911. AFTER THE LEGITIME HAS BEEN
DETERMINED IN ACCORDANCE WITH THE THREE
PRECEEDING ARTICLES, THE REDUCTION SHALL BE
MADE AS FOLLOWS:
(1) DONATIONS SHALL BE RESPECTED AS LONG AS
THE LEGITIME CAN BE COVERED, REDUCING
OR ANNULLING, IF NECESSARY, THE DEVISES
OR LEGACIES MADE IN THE WILL;
(2) THE REDUCTION OF THE DEVISES OR LEGACIES
SHALL BE PRO RATA WITHOUT ANY
DISTINCTION WHATEVER.
IF THE TESTATOR HAS DIRECTED THAT
A CERTAIN DEVISE OR LEGACY BE PAIN
PREFERENCE TO OTHERS, IT SHALL NOT SUFFER
ANY REDUCTION UNTIL THE LATTER HAVE
BEEN APPLIED IN FULL TO THE PAYMENT OF
THE LEGITIME.
(3) IF THE DEVISE OR LEGACY CONSISTS OF A
USUFRUCT OR LIFE ANUITY, WHOSE VALUE
MAY BE CONSIDERED GREATER THAN THAT OF
THE DISPOSABLE PORTION, THE COMPULSORY
HEIRS MAY CHOOSE BETWEEN COMPLYING
WITH THE TESTAMENTARY PROVISION AND
DELIVERING TO THE DEVISEE OR LEGATEE THE
 PART OF THE INHERITANCE OF WHICH THE
TESTATOR COULD FREELY DISPOSE.
ORDER OF PREFERENCE IN HEREDITARY ESTATE (ART
911)
After the the NHE has been ascertained, what
should be the order of payment?
(1st) Give the legitimes
(2nd) Donations inter vivos
(3rd) Preferred legacies and devises (indicated in
the will)
(4th) All other devises and legacies pro rata (In
case the estate is not sufficient)
(the reduction should be made in an inverse order)
Article 950 of NCC reads as follows: if the testate
should not be sufficient to cover all the legacies and
devices, their payment shall be made in the following
order:
(1st) Remuneratory legacies or devices
(2nd) Legacies or devises declared by the testator
to be preferencial
(3rd) Legacies for support
(4th) Legacies for education
(5th) Legacies or devices of a specific determinate
thing which forms part of the estate
(6th) All other pro rata
Is there NO conflict bet Art 911 and 950? None!
Art 911 applies only when aside from the
various legacies and devises, there are legitimes to be
preserved or there are donations inter vivos which
should be respected as much as possible.
Art 950 is applicable only when THERE ARE
NO COMPULSORY HEIRS or when there are no
inofficious donations inter vivos (the reduction concerns
itself is merely with legacies and devises)
Reason why Donation Inter Vivos is Preffered over
Mortis Causa:
(a) They were made first
(b) Donation is a bilateral act
(c) Donations are generally irrevocable
Preference among Multiple Donations Inter Vivos and
the disposable portion is not sufficient
(1st) The more recent date donation shall be
reduced with regard to the excess (due to first
come first serve rule)
(2nd) If the dates of donation is the same, they
should all be proportionately reduced.
Usufructs and Life Annuities
Since Usufructs and Life annuities might extend in a
conceivable long period of time or till the usufructuarys
death or the life annuitys recipients death, the
usufruct or life annuity amount may conceivable exceed
the free disposable portion of the testator. Hence, the
necessity of granting the COMPULSORY HEIRS the
option to choose between complying with the
testamentary provision and delivering to the devisee or
legatee the part of inheritance of which the testator
could freely dispose.
HOW TO REDUCE INOFFICIOUS DEVISES
ARTICLE 912. IF THE DEVISE SUBJECT TO REDUCTION
SHOULD CONSIST OF REAL PROPERTY, WHICH CANNOT
BE CONVENIENTLY DIVIDED, IT SHALL GO TO THE
DEVISEE IF THE REDUCTION DOES NOT ABSORB ONE-
HALF OF ITS VALUE; AND IN A CONTRARY CASE, TO
THE COMPULSORY HEIRS; BUT THE FORMER AND THE
LATTER SHALL REIMBURSE EACH OTHER IN CASH FOR
WHAT RESPECTIVELY BELONG TO THEM.
THE DEVISEE WHO IS ENTITLED TO A LEGITIME
MAY RETAIN THE ENTIRE PROPERTY, PROVIDED ITS
VALUE DOES NOT EXCEED THAT OF THE DISPOSABLE
PORTION AND OF THE SHARE PERTAINING TO HIS AS
LEGITIME.
if amount of reduction is greater than of the
propertys value, compulsory heirs shall own such
devise after reimbursing the devisee the reduced
amount due to him.
If the amount of reduction is less than or exactly half
the value of the devise, the devisee should get the
devise after proper reimbursement to the compulsory
heirs.
ARTICLE 913. IF THE HEIRS OR DEVISES DO NOT
CHOOSE TO AVAIL THEMSELVES OF THE RIGHT
GRANTED BY THE PRECEEDING ARTICLE, ANY HEIR OR
DEVISEE WHO DID NOT HAVE SUCH RIGHT MAY
EXERCISE IT; SHOULD THE LATTER NOT MAKE USE OF
IT, THE PROPERTY SHALL BE SOLD AT PUBLIC AUCTION
AT THE INSTANCE OF ANY ONE THE INTERESTED
PARTIES.
ARTICLE 914. THE TESTATOR MAY DEVISE AND
BEQUEATH THE FREE PORTION AS HE MAY DEEM FIT.
FREE PORTION LEGITIME OF SURVIVING SPOUSE AND
LEGITIMATE CHILDREN = FREE DISPOSAL
Free disposal may be object of charge,
substitution or condition