Escolar Documentos
Profissional Documentos
Cultura Documentos
Article 777. The rights to the succession are transmitted from the Q: Wife and children survive the decedent. Wife sells conjugal
moment of death of the decedent. property. Valid?
• A: Yes, but only insofar as her share is concerned. As to the
REQUISITES FOR SUCCESSION MORTIS CAUSA: shares of her children, sale is invalid.
1. Death (actual or presumed) • Reason: Children acquired the properties at the moment of
2. Rights or properties that are transmissible decedent’s death (and not at the time of the judicial declaration of
3. Transferee (must be living, i.e. no predecease; no repudiation; no heirship). Ibarie vs. Po. L-5046, Feb. 27, 1953
incapacity)
KINDS OF SUCCESSION
PRESUMPTION OF DEATH
1. Ordinary presumption of death (no probability of death) Article 778. Succession may be:
• 10 years 1. Testamentary;
• Absentee disappears under normal conditions – 10 years; 2. Legal or intestate; or
• If the person aged 75 disappears – 5 years 3. Mixed
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4. Compulsory or forced succession – where the decedent is Article 793. Property acquired after the making of a will shall only pass
compelled to give the heirs their legitimes; heirs, however, are free thereby, as if the testator had possessed it at the time of making the
to refuse will, should it expressly appear by the will that such was his intention.
5. Contractual succession
Example:
TESTAMENTARY SUCCESSION • In 2010 T made a will disposing of all his five (5) beach resorts and
giving the same to his mentor. From 2010 to 2014, T acquired four
WILLS (4) more beach resorts. T died in January of 2015. How many
beach resorts will the mentor get?
Article 783. A will is an act whereby a person is permitted, with the o Answer: Only 5. The other 4 are after acquired
formalities prescribed by law, to control to a certain degree the properties. These properties will go to the compulsory
disposition of his estate, to take effect after his death. heirs by intestate succession.
3. T is an ALIEN IN THE PHILIPPINES • He executed a will in Manila on March 5, 1951. He had a lone
a) Law of his nationality acknowledged natural child named Maria Lucy Christensen who
b) Philippine law was deprived of legitime per Christensen’s will.
Remember: MVP Stephen Curry, Katy Perry, George Clooney • Issue: What law should govern the intrinsic validity of the will in the
light of the renvoi doctrine, CA law or Philippine law?
Example: Alien abroad • Held: “Reason demands that We should enforce the California
• An Australian, domiciled in France, is en route to Switzerland. He internal law for prescribed for its citizens residing therein, and
has a 5 hour lay over in Spain. While in the airport (Spain), he enforce the conflict of law rules law for the citizens domiciled
makes a will. What country’s/countries’ formalities should he abroad. If we must enforce the law of California as in comity we are
observe to make sure that the will is valid as to its form? bound to do so, as so declared in Art. 16 of our Civil Code, then we
o Answer: This is a case of an ALIEN ABROAD. He can must enforce the law of California in accordance with the express
apply the formalities prescribed in the following places. mandate thereof and as above explained, i.e., apply the internal law
Hence, apply Di Na Po Love: for residents therein, and its conflict of laws rule for those domiciled
1. France (Domicile) abroad.
2. Australia (Nationality) • The conflict of law rule in California, Article 946, Civil Code,
3. Philippines precisely refers back the case, when a decedent is not domiciled in
4. Spain (Lex loci celebrationis) California, to the law of his domicile, the Philippines in the case at
bar. The court of the domicile cannot and should not refer the case
Example: Alien in the Philippines back to California; such action will leave the issue incapable of
• A Korean who has a Korean Restaurant in Manila has been determination because the case will then be like football, tossed
residing in the Philippines for 15 years now. She intends to make a back and forth between the two states, between the country of
will. What country’s/countries’ formalities must she observe? which the decedent was a citizen and the country of his domicile.
• Answer: • The Philippine Court must apply its own law as directed in the
1. Korea (nationality) [Art. 817 – lex nationalii] conflict of law rule of the state of the decedent, if the question has
2. Philippines [Art 17 – lex loci] to be decided, especially as the application of the internal law of
California provides no legitime for children while the Philippine law,
AS TO LEGALITY OF PROVISIONS: INTRINSIC VALIDITY Arts. 887 (4) and 894, Civil Code of the Philippines, makes natural
• NATIONAL LAW of the testator governs children legally acknowledged forced heirs of the parent
• Regardless of the place of execution of the law or of the place of recognizing them.” (Christensen Case)
death of the testator
JOINT WILLS
BELLIS VS BELLIS
• Facts: T was a citizen and resident of Texas who had illegitimate Art. 818. Two or more persons cannot make a will jointly, or in the
children in the Philippines. He had two wills one disposing of his same instrument, either for their reciprocal benefit or for the benefit of
properties in Texas and the other disposing of his properties in the a third person.
Philippines. He had recognized illegitimate children in the
Philippines but were not given anything in the will. Texas had no • Joint wills are VOID whether they are reciprocal or not.
conflict of law rules. Also, Texan law did not have compulsory • If the will is executed by Filipinos, regardless where they execute
heirs. His will stated that the Philippine properties be distributed in the same, the will is VOID due to public policy.
accordance with Philippine laws and not with his own national law. • If foreigners execute a joint will abroad and it is valid in the place of
• Issue: W/N said provision is valid. execution in accordance with Art. 816, the same shall be
• Held: Not valid. It is void. Said provision contravenes Art/ 16, considered valid here.
par.2 of the NCC. • If foreigners execute a joint will in the Philippines, the will is VOID.
3. T is of sound mind at the time of the execution of the will [Art. 798] SUPERVENING INCAPACITY AND SUPERVENING CAPACITY
SOUNDNESS OF MIND Article. 801. Supervening incapacity does not invalidate an effective
will, nor is the will of an incapable validated by the supervening of
Article 799. To be of sound mind, it is not necessary that the testator capacity.
be in full possession of all his reasoning faculties, or that his mind be
wholly unbroken, unimpaired, or unshattered by disease, injury or FORMS OF WILLS
other cause. 1. ORDINARY OR NOTARIAL WILL
o With an attestation clause and
It shall be sufficient if the testator was able at the time of o Acknowledgment before a notary public
making the will to know the nature of estate, proper objects of his 2. HOLOGRAPHIC WILL
bounty, and character of the testamentary act o Entirely handwritten,
o Dated,
IMPORTANT: o and Signed by the T
1. Nature of the estate – what the T is giving
2. Proper objects of his bounty – recipients of T’s bounty; persons SUBSECTION 3. FORMS OF WILLS
to whom T is giving
3. Character of the testamentary act – ambulatory and revocable NOTARIAL WILLS
ORTEGA VS VALMONTE Article 805. Every will, other than a holographic will, must be
• “Between the highest degree of soundness of mind and memory subscribed at the end thereof by the testator himself or by the
which unquestionably carries with it full testamentary capacity, and testator's name written by some other person in his presence, and by
that degrees of mental aberration generally known as insanity or his express direction, and attested and subscribed by three or more
idiocy, there are numberless degrees of mental capacity or credible witnesses in the presence of the testator and of one another.
incapacity and while on one hand it has been held that mere
weakness of mind, or partial imbecility from disease of body, or The testator or the person requested by him to write his name and the
from age, will not render a person incapable of making a will; a instrumental witnesses of the will, shall also sign, as aforesaid, each
weak or feebleminded person may make a valid will, provided he and every page thereof, except the last, on the left margin, and all the
has understanding and memory sufficient to enable him to know pages shall be numbered correlatively in letters placed on the upper
what he is about to do and how or to whom he is disposing; it is not part of each page.
necessary that the mind be unbroken or unimpaired or unshattered
by disease or otherwise. It has been held that testamentary The attestation shall state the number of pages used upon which the
capacity does not necessarily require that a person shall actually be will is written, and the fact that the testator signed the will and every
insane or of unsound mind.” Ortega vs. Valmonte, G.R. No. page thereof, or caused some other person to write his name, under
157451, December 16, 2005 citing Alsua Betts vs. CA , 92 SCRA his express direction, in the presence of the instrumental witnesses,
332 (1979) and that the latter witnessed and signed the will and all the pages
thereof in the presence of the testator and of one another.
PRESUMPTION OF SOUNDNESS OF MIND If the attestation clause is in a language not known to the witnesses, it
shall be interpreted to them.
Article 800. The law presumes that every person is of sound mind, in
the absence of proof to the contrary. REQUIREMENTS OF A NOTARIAL WILL
1. In writing
The burden of proof that the testator was not of sound mind at the time 2. In a language known the testator
of the making of the dispositions is on the person who opposes the o This need not be indicated on the face of the will
probate of the will, but if the testator, one month or less, before making 3. Subscribed by the testator himself or by the testator’s name written
the will was publicly known to be insane, the person who maintains the by another person in his presence, and by his express direction.
validity of the will must prove that the testator made it during a lucid o T must sign at the logical end
interval. o First name only – valid
o Thumbmark, cross, initials – Valid provided the T intends
this to be his signature
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o If T cannot write his name, another person may do so " There is substantial compliance when the number
provided: of pages can be found somewhere else in the
1) It is done in the presence of T; and will itself. There should be no need for evidence
2) It is by T’s express direction. aliunde
# person should not be one of the three instrumental o PURPOSES OF ATTESTATION CLAUSE:
witnesses; person does not have to sign his/her own 1. To preserve in permanent form a record of the facts
name; cannot put his/her name instead of the T’s attending to the execution of the will….
4. Attested and subscribed by three or more witnesses in the 2. Proof of compliance with the statutory requisites for
presence of the testator and of each other the execution of the will.
o Attest – to affirm to be true or genuine; to authenticate 3. To minimize commission of FRAUD.
officially o Q: Attestation clause fails to state that the T signed in the
o Subscribe – to write one’s name underneath presence of the three witnesses. Is the will valid?
o In the presence – not physical presence but " A: _________________________________
POSSIBILITY OF SEEING WITHOUT PHYSICAL
OBSTRUCTION o Q: Attestation clause states that the witnesses signed in
Different scenarios (curtain, hallway, looking at a the presence of the T but is quiet as to whether or not the
passing celebrity) witnesses signed in the presence of each other. Is the will
5. Marginal Signatures. The testator or the person asked by him to valid?
write his name AND the instrumental witnesses shall sign each and " A: ____________________________________
every page of the will except the last, on the left margin
o Signatures appear on the last page already. REQUISITES OF A NOTARIAL WILL
o Failure to comply with this is a FATAL DEFECT and • NB: Commit to memory arts 804 to 809 of NCC for the Requisites
renders the will VOID. of a notarial will
o The purpose of this requirement is to PREVENT FRAUD.
o T signs second page but fails to sign the first page. Will is Article 804. Every will must be in writing and executed in a language or
VOID. dialect known to the testator.
o If the whole will is only on one page, no need for marginal
signatures Article 805. Every will, other than a holographic will, must be
o If the signatures appear on the right, upper, or lower subscribed at the end thereof by the testator himself or by the
margin – VALID; purpose is nonetheless served – FRAUD testator's name written by some other person in his presence, and by
is prevented. his express direction, and attested and subscribed by three or more
6. Numbered correlatively in letters on the upper part of each page credible witnesses in the presence of the testator and of one another.
o Prescribed: One, Two, Three, etc
o Substantial Compliance: Page 1, Page 2, Page 3, etc.1, The testator or the person requested by him to write his name and the
2, 3, etc. instrumental witnesses of the will, shall also sign, as aforesaid, each
7. Attestation Clause and every page thereof, except the last, on the left margin, and all the
o Must include the ff. info: pages shall be numbered correlatively in letters placed on the upper
a) Number of pages (know substantial compliance) part of each page.
b) That the testator signed the will in the presence of the
instrumental witnesses The attestation shall state the number of pages used upon which the
c) That the witnesses signed the will in the presence of will is written, and the fact that the testator signed the will and every
the testator and of one another page thereof, or caused some other person to write his name, under
o Absence of the Attestation Clause = FATAL DEFECT # his express direction, in the presence of the instrumental witnesses,
Will is VOID. and that the latter witnessed and signed the will and all the pages
o Attestation clause not signed by the witness at the bottom thereof in the presence of the testator and of one another.
= FATAL DEFECT # Will is VOID
o Failure to state number of pages = FATAL DEFECT # If the attestation clause is in a language not known to the witnesses, it
VOID shall be interpreted to them.
o GR: No of pages not stated = VOID
" E: When there is substantial compliance
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Article 806. Every will must be acknowledged before a notary public by PROBATE
the testator and the witnesses. The notary public shall not be required • Probate – allowance of a will after proof of its due execution
to retain a copy of the will, or file another with the office of the Clerk of • In the probate of holographic wills:
Court.
UNCONTESTED 1 witness who knows the
Article 807. If the testator be deaf, or a deaf-mute, he must personally handwriting of the testator (not
read the will, if able to do so; otherwise, he shall designate two necessarily the subscribing
persons to read it and communicate to him, in some practicable witnesses)
manner, the contents thereof. CONTESTED At least 3 identifying witnesses
Article 808. If the testator is blind, the will shall be read to him twice; LOST OR DESTROYED HOLOGRAPHIC WILLS
once, by one of the subscribing witnesses, and again, by the notary • Lost or destroyed holographic will without intent to revoke #
public before whom the will is acknowledged. CANNOT be probated as there is no comparison as to T’s
handwriting
Article 809. In the absence of bad faith, forgery, or fraud, or undue and • Photostatic copy of the holographic will # may be allowed as
improper pressure and influence, defects and imperfections in the form there can now be comparison as to T’s handwriting.
of attestation or in the language used therein shall not render the will
invalid if it is proved that the will was in fact executed and attested in NB: Holographic will can be made in the Philippines or outside the
substantial compliance with all the requirements of article 805. Philippines
DONATION MORTIS CAUSA SUBSECTION 4. WITNESSES TO WILLS
• Partakes of the nature of testamentary provisions (Art. 728).
• Thus, requisites of a notarial will must be complied with. Article 820. Any person of sound mind and of the of eighteen years or
more, and not blind, deaf or dumb, and able to read and write, may be a
HOLOGRAPHIC WILL witness to the execution of a will mentioned in Article 805 of this Code
Article 810. A person may execute a holographic will which must be QUALIFICATIONS OF WITNESSES
entirely written, dated, and signed by the hand of testator himself. It is 1. Of sound mind [Art. 820]
subject to no other form, and may be made in or out of the Philippines, 2. At least 18 years old [Art. 820]
and need not be witnessed. 3. Not deaf, blind or dumb [Art. 820]
4. Able to read and write [Art. 820]
VDA. DE ENRIQUEZ VS. ABADIA, ET AL., (L-7188, AUGUST 9, 1954) 5. Domiciled in the Philippines [Art. 821]
• 1923 Sancho Abadia executed a holographic will. Holographic will 6. Not convicted by final judgment of:
were not allowed in 1923. • FALSIFICATION of a document;
• In 1946, the will was presented for probate. • PERJURY; or
• On August 30, 1950, the NCC was adopted, thereby allowing • FALSE TESTIMONY [Art. 821]
execution of holographic wills
• In 1952 the trial court allowed probate. DISQUALIFICATIONS
• Q: Should the court have allowed probate of the holographic will?
o A: NO! The holographic will should not have been allowed Article 821. The following are disqualified from being witnesses to a
probate. will:
o Under Article 795 “The validity of a will as to its form 1. Any person NOT DOMICILED in the Philippines;
depends upon observance of the law in force at the time it 2. Those who have been CONVICTED of FALSIFICATION OF
is made.” Here, the holographic will was made in 1923 DOCUMENT, PERJURY or FALSE TESTIMONY.
when there was no law allowing holographic wills.
Applying Art. 795, as there was yet no law at the time the DISQUALIFICATION OF A NOTARY PUBLIC
holographic will was made, the will then is extrinsically • The notary public before whom the notarial will is acknowledged is
VOID. disqualified to be a witness to said will.
o Hence, it should not be allowed probate.
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• It would be absurd for him (as a witness) to be acknowledging 4. It must be signed by the testator and the witnesses on each and
something before himself (as notary public). every page thereof, except when in case of voluminous books of
• Cruz v.Villasor, et al., L-32213, November 26, 1973 account or inventories.
SUBECTION 5. CODICILS AND INCORPORATION REFERENCE SUBSECTION 6. REVOCATION OF WILLS AND TESTAMENTARY
DISPOSITION
CODICIL
Article 825. A codicil is a supplement or addition to a will, made after MODES OF REVOCATION
the execution of a will and annexed to be taken as a part thereof, by
which any disposition made in the original will is explained, added, or Article 830. No will shall be revoked except in the following cases:
altered.
(1) By implication of law; or
FORMS OF CODICILS
1. Notarial or Ordinary Codicils (2) By some will, codicil, or other writing executed as provided in case
2. Holographic Codicils of wills; or
INCORPORATION BY REFERENCE (3) By burning, tearing, cancelling, or obliterating the will with the
intention of revoking it, by the testator himself, or by some other
Article 827. If a will, executed as required by this Code, incorporates person in his presence, and by his express direction. If burned, torn,
into itself by reference any document or paper, such document or cancelled, or obliterated by some other person, without the express
paper shall not be considered a part of the will unless the following direction of the testator, the will may still be established, and the estate
requisites are present: distributed in accordance therewith, if its contents, and due execution,
and the fact of its unauthorized destruction, cancellation, or
(1) The document or paper referred to in the will must be in existence at obliteration are established according to the Rules of Court.
the time of the execution of the will;
MODES OF REVOCATION
(2) The will must clearly describe and identify the same, stating among 1. By implication of law
other things the number of pages thereof; • Testator sells or donates the property after making the will.
[Art. 957]
(3) It must be identified by clear and satisfactory proof as the document • Heir (compulsory or voluntary) commits an act or unworthiness.
or paper referred to therein; and [Art. 1032]
2. By a revoking will or codicil
(4) It must be signed by the testator and the witnesses on each and • A will may be revoked by a subsequent will or codicil. It may either
every page, except in case of voluminous books of account or be notarial or holographic.
inventories. • The revoking will must be VALID.
• Revocation must be definite.
WHEN MADE/PURPOSE o E: However, conditional revocation is allowed, i.e.
• When the T wants to incorporate in his will certain documents only by revocation takes place when a condition is fulfilled. This is
reference without need of copying or attaching said documents to the called conditional revocation or dependent relative
will. revocation.
3. Revocation by overt act
REQUISITES PER 827 • REQUISITES:
1. Document in existence at the time of the execution of the will. 1. Overt act
2. The will must clearly describe and identify the document 2. Completion, at least of the subjective phase
incorporated by reference. 3. Animus revocandi
3. The document incorporated by reference should be identified by • BURNING
clear and satisfactory proof. o The will need not be burned entirely.
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o If burning of the will is accidental, there is no revocation as Article 837. If after making the will, the testator makes a second will
there is no animus revocandi. revoking the first, the revocation of the second will does not revive the
o Remember the requisites for this act: first will, which can be revived only by another will or codicil.
a) there be an overt act;
b) animus revocandi Example:
st nd st
o Situations • Q: 1 will is made. T makes a 2 will revoking the 1 will. T makes
rd nd st
• TEARING a 3 will revoking the 2 will. Is the 1 will
o Document need not be torn into pieces revived/reestablished?
st st
o Slight tearing is sufficient to constitute an overt act o A: No. The 1 will remains revoked. The 1 will can only
st
o Subjective phase (as to the T’s intention) must completed way the 1 will can be given effect is by way of:
o Cutting is construed tearing. 1. Republication (re-execution and by codicil) – made by
o Situation: T tears will. X is able to stop T from tearing the the T
will. Is there valid revocation? 2. Revival – by operation of the law
" A: _____________________________________
• OBLITERARING OR CANCELING EXPRESS REVOCATION
st nd st
o Cancelling is made by putting lines across the disposition. • Q: 1 will is made. T makes a 2 will revoking the 1 will. T makes
rd nd st
The disposition, however, can still be read. a 3 will revoking the 2 will. Is the 1 will required (feeling ko
o Obliterating renders the text no longer legible revived yung word dapat ditto hindi required…)?
st nd
o A: No. The 1 will was revoked immediately by 2 Will.
REVOCATION BASED ON FALSE CAUSE The Principle of Instanter applies.
o The second will took effect immediately.
Article 833. A revocation of a will based on a false cause or an illegal o While a will takes effect mortis causa, the revocation takes
cause is null and void. effect inter vivos.
(4) If it was procured by undue and improper pressure and influence, EFFECTS OF PRETERITION
on the part of the beneficiary or of some other person; • The institution of heirs is annulled.
• Annulment of the institution is automatic; there is no need for legal
(5) If the signature of the testator was procured by fraud; action.
• In brief, preterition renders the institution of the legatees and
(6) If the testator acted by mistake or did not intend that the instrument devisees void
he signed should be his will at the time of affixing his signature • Q: Mario has three children Apple, Banana, and Carrot. Mario
thereto. made a will instituting Apple, Banana, and Dean Lawiswis. Carrot
was completely omitted. How is the P30 M estate divided?
SECTION 2. INSTITUTION OF HEIR o A: Apple, Banana, and Carrot shall share P10 M each.
Nothing for Dean Lawiswis.
INSTITUTION OF HEIR
• Institution refers to devisees and legatees Q: Can a spouse be preterited?
• A: No. A spouse is not in the direct line?
REQUISITES FOR VALID INSTITUTION
1. Will is extrinsically valid. Q: Can a brother or a sister be preterited?
2. The institution is valid intrinsically. • A: No. Neither is in the direct line?
3. The institution must be effective (no predecease, no repudiation by
the heir, no incapacity of the heir) Q: Can an ascendant be preterited?
• A: Yes, if the ascendant is the nearest relative surviving.
INSTITUTION OF CLASSES (CLASS INSTITUTION)
• T can entrust to a third person the distribution of a specific property Q: Can an adopted child be preterited?
of sums of money that he may leave in general to specified classes. • A: Yes. An adopted child has the same rights as that of the
legitimate child.
COMMIT TO MEMORY
1. There is only institution of heirs in testate succession. Q: Can an illegitimate child be preterited?
2. Institution of heirs refer only to the Free Portion. • A: Yes. He is a compulsory heir in the direct line. The law does not
3. Legacies and Devises must not impair the legitimes. distinguish between legitimate children andillegitimate children.
PRETERITION
PRETERITION
BY MISTAKE OR INADVERTENCE VOLUNTARY OR INTENTIONAL
Article 854. The preterition or omission of one, some, or all the
compulsory heirs in the direct line, whether living at the time of the
Considered true preterition Considered defective disinheritance
execution of the will or born after the death of the testator, shall annul
the institution of heir, but the devises and legacies shall be valid
insofar as they are not inofficious. Total intestacy results Institution of heirs is not wholly void
but only insofar as it prejudices the
If the omitted compulsory heirs should die before the testator, the legitime of the person disinherited
institution shall be effectual, without prejudice to the right of
representation. Nullity of the institution is only partial
• This is void as it makes the execution of the will a contractual act. RESERVA TRONCAL
• Disposition captatoria vs. Reciprocal Succession 1. Origin
2. Prepositus
3. Reservor/Reservista
SECTION 3. SUBSTITUTION OF HEIRS 4. Reservees/Reservatarios
SUBSTITUTION OF HEIR Q: What happens if the reservista sells the property, is the sale valid?
• Substitution - is the designation by the testator of a person or • A: Yes, the sale is valid subject to a resolutory condition. The
persons to take the place of the heir or heirs first instituted buyer then acquires a revocable title.
(Rabadilla vs. Villacarlos) • After the death of the reservista, the reservatorios may rescind the
contract because the resolutory condition to which the reserva is
KINDS OF SUBSTITUTION subject has already been fulfilled. Sumaya vs. IAC, Sept. 2, 1991.
1. Simple or common
o One takes the place of another Q: Assuming that at the time of the reservista’s death, there are no
o In case of PIR/RIP reservatarios, what happens?
" Predecease • A: The property is released from reserva troncal and becomes part
" Incapacity of the estate of the reservista
" Repudiation • “If there are no reservatarios, the property subject of reserva troncal
2. Brief or compendious is released and will be adjudicated in accordance with the regular
o Brief – 2 or more take the place of one order of succession.” Sumaya vs. IAC, Sept. 2, 1991
" Ex. Annie is the instituted heir. Buknoy and
Charlie are her substitutes. Q: Must there be annotation/registration?
o Compendious – one takes the place of two or more • A: Yes, if only to protect the rights of the reservatarios against
" Ex. Buknoy and Charie are the instituted heirs. buyers in good faith and for value.
Annie is the substitute
3. Reciprocal Q: Can the reservista dispose of the property in his will?
o Ex. Tatang instituted Alhambra to 4/5 of the property and • A: No for as long as the reservatarios are living. The property is not
Buknoy to 1/5. If Alhambra predeceases, is incapacitated, his. The reservatarios are the heirs mortis causa. (See Tioco de
or renounces, her share of 4/5 goes to Buknoy. If Buknoy Papa vs. Camacho, Sept. 24, 1986)
predeceases, is incapacitated, or renounces, his share of
1/5 goes to Alhambra.
4. Fideicommissary
o Where the first heir called the fiduciary preserves and
transmits to the second heir called the fideicommissary the
inheritance.
o REQUISITES:
st
1. 1 heir (with right to usufruct)
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SECTION 5. LEGITIMES (2) When a child or descendant has accused the testator of a crime for
which the law prescribes imprisonment for six years or more, if the
LEGITIMES accusation has been found groundless;
Article 886. Legitime is that part of the testator’s property which he (3) When a child or descendant has been convicted of adultery or
cannot dispose of because the law has reserved it for certain heirs who concubinage with the spouse of the testator;
are, therefore called compulsory heirs.
(4) When a child or descendant by fraud, violence, intimidation, or
COMPULSARY HEIRS undue influence causes the testator to make a will or to change one
already made;
Article 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their (5) A refusal without justifiable cause to support the parent or
legitimate parents and ascendants; ascendant who disinherits such child or descendant;
(2) In default of the foregoing, legitimate parents and ascendants, with (6) Maltreatment of the testator by word or deed, by the child or
respect to their legitimate children and descendants; descendant;
(3) The widow or widower; (7) When a child or descendant leads a dishonorable or disgraceful life
(4) Acknowledged natural children, and natural children by legal (8) Conviction of a crime which carries with it the penalty of civil
fiction; interdiction
(5) Other illegitimate children referred to in article 287. GROUND FOR DISINHERITANCE OF PARENTS OR ASCENDANTS
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by Article 920. The following shall be sufficient causes for the
those in Nos. 1 and 2; neither do they exclude one another. disinheritance of parents or ascendants, whether legitimate or
illegitimate:
In all cases of illegitimate children, their filiation must be duly proved.
(1) When the parents have abandoned their children or induced their
The father or mother of illegitimate children of the three classes daughters to live a corrupt or immoral life, or attempted against their
mentioned, shall inherit from them in the manner and to the extent virtue;
established by this Code.
(2) When the parent or ascendant has been convicted of an attempt
ILLEGITIMATE CHILDREN against the life of the testator, his or her spouse, descendants, or
• An illegitimate child gets half of what the legitimate child gets ascendants;
SECTION 6. DISINHERITANCE (3) When the parent or ascendant 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 false;
GROUNDS FOR DISINHERITANCE OF CHILDREN
(4) When the parent or ascendant has been convicted of adultery or
Article 919. The following shall be sufficient causes for the concubinage with the spouse of the testator;
disinheritance of children and descendants, legitimate as well as
illegitimate: (5) When the parent or ascendant by fraud, violence, intimidation, or
undue influence causes the testator to make a will or to change one
(1) When a child or descendant has been found guilty of an attempt already made;
against the life of the testator, his or her spouse, descendants, or
ascendants; (6) The loss of parental authority for causes specified in this Code;
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(7) The refusal to support the children or descendants without Article 956. If the legatee or devisee cannot or is unwilling to accept
justifiable cause; the legacy or devise, or if the legacy or devise for any reason should
become ineffective, it shall be merged into the mass of the estate,
(8) An attempt by one of the parents against the life of the other, unless except in cases of substitution and of the right of accretion.
there has been a reconciliation between them.
Example:
GROUNDS FOR DISINHERTIANCE OF A SPOUSE • T has a brother Jun but instead instituted Ime, her best friend, as a
legatee. Ime has two children Ian and Zara. If Ime repudiates,
Article 921. The following shall be sufficient causes for disinheriting a neither Ian nor Zara can represent her as there is no right of
spouse: representation as to voluntary heirs.
• As there is no substitute and accretion under the given facts, as
(1) When the spouse has been convicted of an attempt against the life provided by Art. 956, the legacy shall be merged into the mass of
of the testator, his or her descendants, or estate, and will therefore go to Jun as the nearest intestate heir
ascendants;
(2) When the spouse has accused the testator of a crime for which the CHAPTER 3. LEGAL OR INTESTATE SUCCESSION
law prescribes imprisonment of six years or more, and the accusation CHAPTER 4. PROVISIONS COMMON TO TESTATE AND INTERSTATE
has been found to be false; SUCCESSIONS
(4) When the spouse has given cause for legal separation; ACCRETION DEFINED
(5) When the spouse has given grounds for the loss of parental Article 1015. Accretion is a right by virtue of which, when two or more
authority; ( persons are called to the same inheritance, devise or legacy, the part
assigned to the one who renounces, or cannot receive his share, or
6) Unjustifiable refusal to support the children or the other spouse. who died before the testator, is added or incorporated to that of his co-
(756, 855, 674a) heirs, co-devisees, co-legatees
NOTES:
• In case of reconciliation between the parties, the offended person
loses his right to disinherit. REPRESENTATION DEFINED
• Any disinheritance is rendered ineffectual by a reconciliation
• Disinheritance covers both the legitime and the free portion. The Article 970. Representation is a right created by fiction of law, by virtue
person is completely disinherited. of which the representative is raised to the place and the degree of the
person represented, and acquires the rights which the latter would
SECTION 7. LEGACIES AND DEVISES have if he were living or if he could have inherited.
Article 950. If the estate should not be sufficient to cover all legacies LEGAL OR INTESTATE SUCCESSION
or devises, their payment shall be made in the following order: • There is no will.
1. Remuneratory legacies and devises; • Principle of Nearer Excludes the Farther
2. Legacies or devises declared by the testator to be 1. Car dies intestate leaving Ghia a daughter and a niece Chiclet.
preferential; Only Ghia inherits because the nearer excludes the farther.
3. Legacies for support; Chiclet does not inherit.
4. Legacies for education; 2. Froilan dies without a will and leaves behind a grandmother
5. Legacies or devises of a specific or determinate thing which and a sister. Only the grandmother inherits. Although Froilan
forms a part of the estate; and his sister are two degrees apart just like Froilan and his
6. All others, pro rata. grandmother, the direct line is preferred over the collateral line.
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Article 970. Representation is a right created by fiction of law, by virtue Art. 1032. The following are incapable of succeeding by reason of
of which the representative is raised to the place and the degree of the unworthiness
person represented, and acquires the rights which the latter would 1. Parents who have abandoned their children or induced their
have if he were living or he could have inherited. daughters to lead a corrupt or immoral life, or attempted
against their virtue;
ADOPTED CHILD 2. Any person who has been convicted of an attempt against the
• An adopted child cannot represent and cannot be represented. life of the testator, his or her spouse, descendants,
ascendants;
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3. Any person who has accused the testator of a crime for which 4. Donation to the spouse of the child (Art. 1066)
the law prescribes imprisonment for six years or more, if the 5. Parents are not obliged to bring to collation in the inheritance of
accusation has been found to be groundless; their ascendants any property which may have been donated by the
4. Any heir of full age who, having knowledge of the violent death latter to their children (Art. 1065)
of the testator, should fail to report it to an officer of the law
within a month, unless the authorities have already taken SELF-ADJUDICATION VS EXTRAJUDICIAL SETTLEMENT
action; this prohibition shall not apply to cases wherein, • If there is only one heir, there is no need for a judicial declaration of
according to law, there is no obligation to make an accusation. heirship. He may execute an affidavit entitled Self-Adjudication and
5. Any person convicted of adultery or concubinage with the have it registered with the Registry of Property.
spouse of the testator.
6. Any person who by fraud, violence, Intimidation, or undue REQUISITES FOR EXTRAJUDICIAL SETTLEMENT:
influence should cause the testator to make a will or to change 1. no will
one already made; 2. no debt
7. Any person who by the same means prevents another from 3. heirs of legal age
making a will, or from one revoking on already made, or who 4. public instrument
supplants, conceals, or alters the latter’s will;
8. Any person who falsifies or forges a supposed will of the
decedent. --------------------------------------------- END -------------------------------------------------
COLLATION
COLLATION DEFINITION
• Computing or adding certain values to the estate and charging the
same to the legitime.
DUTY TO COLLATE
• Every compulsory heir, who succeeds with other compulsory heirs,
must bring into the mass of the estate any property or right which
he ma have received form the decedent, during the lifetime of the
latter, by way of donation or any other gratuitous title, in order that it
may be computed in the determination of the legitime of each heir,
and in the account of the partition.