SUCCESSION his title from the heirs, represented by the administrator, as their

trustee or legal representative.

CHAPTER 1
General Provisions Observations on Butte
 Art. 1623: right of legal redemption should be exercised “within
Art. 774. 30 days from the notice in writing by the prospective vendor”
 Counting of the 30-day redemption period should have been
Distinction Between Inheritance and Succession counted from when Angela Butte actually received the written
notice of Marie Garnier on 19 December 1958
Inheritance Succession  Angela Butte exercised the right of redemption on 15 January
Decedent’s properties, rights Mode of acquisition 1959. Clearly the redemption period had not yet expired
and obligations not extinguished
by death b. Transmission of Rights

The object of the succession  Rights are either personal (intransmissible) or

Elements of Succession
1. Mode of Acquisition
Art. 721 – 6 Modes of Acquisition: OLDTIPS
1) Occupation
2) Law
3) Donation
4) Tradition
5) Intellectual creation
6) Prescription
7) Succession
Types:
1) Original – no previous owner (occupation + intellectual
creation)
2) Derivative – has a previous owner who transmits title to a
transferee (law, donation, succession, tradition,
prescription)
2. Transmission of an Inheritance
a. Transmission of Property – death extinguishes
juridical capacity, hence dominion over his
property ends
i. Inheritance = assets and liabilities of a person at the
time of his death
ii. Without succession, assets would be res nullius hence
the necessity of transmitting inheritance to heirs
Butte v. Manuel Uy & Sons Inc
 The rights to the succession of a deceased person are
transmitted to his heirs from the moment of his death, and the
right of succession includes all property rights and obligations that
survive the decedent.
 A co-owner of an undivided share is necessarily a co-owner of
the whole. Therefore, any one of the heirs of an undivided estate,
as such co-owner, becomes entitled to exercise the right of legal
redemption as soon as another co-owner has sold his undivided
share to a stranger. This right of redemption vests exclusively in
consideration of the redemptioner's quality of co-owner,
independently of the size of the redemptioner's share which the
law nowhere takes into account.
 When the heirship is undisputed, the purchaser of hereditary
property is not deemed to have acquired directly from the
decedent, because a dead man cannot convey title, or from the
administrator who owns no part of the estate. He can only derive
transmissible.
 Ex. of personal right: right to hold public office
 Ex. of transmissible right: contractual rights, upon death of
a buyer of a parcel of land on installment basis, his rights
and interests over the property are transferred to his heirs.
National Housing Authority v. Almeida
The initial applicant’s death would transfer all her property, rights and
obligations to the estate including whatever interest she has or may
have had over the disputed properties over which she had been
granted the right to buy—to the extent of the interest that the original
owner had over the property, the same should go to her estate.
Verdad v. CA
 Private respondent, even if a mere relative by affinity, has a right
to the property in her capacity as a legal heir of her husband,
part of whose estate is a share in his mother’s inheritance.
 David Rosales, became a co-owner of his mother’s estate upon
the death of the latter, who later upon his death, passed on to
his widow, private respondent, his own estate including his
undivided interest over the estate of his mother.
 “ART. 995. In the absence of legitimate descendants and
ascendants, and illegitimate children and their descendants,
whether legitimate or illegitimate, the surviving spouse shall
inherit the entire estate, without prejudice to the rights of brothers
and sisters, nephews and nieces, should there be any, under
article 1001. “Should brothers and sisters or their children survive
with the widow or widower, the latter shall be entitled to one-half
of the inheritance and the brothers and sisters or their children to
the other half.” Socorro and herein private respondents, along
with the co-heirs of David Rosales, thereupon became co-
owners of the property that originally descended from Macaria.
c. Transmission of Obligations
 GR: Death of the obligor does not extinguish his
contractual obligations (Art. 1311)
 Art. 774 – successions transfers not only rights but also
obligations however limits the liability of the heirs for the
debts of the decedent to the value of the inheritance
 “obligation” includes contingent liabilities
Estate of Hemady v. Luzon Surety Co. Inc
 The most common example of the contingent claim is that which
arises when a person is bound as surety or guarantor for a
principal who is insolvent or dead
 The binding effect of contracts upon the heirs of the deceased
party is not altered by the provision in the Rules of Court that
money debts of a deceased must be liquidated and paid from his
estate before the residue is distributed among said heirs (Rule
89). The reason is that whatever payment is thus made from the
estate is ultimately a payment by the heirs and distributees, since
the amount of the paid claim in fact diminishes or reduces the
shares that the heirs would have been entitled to receive. The
general rule, therefore, is that a party’s contractual rights and
obligations are transmissible to the successors.
 A solidary guarantor’s liability is not extinguished by his death,
and that in such event Luzon Surety has the right to file against
the estate a contingent claim for reimbursement
d. Transmission to the Heirs of the Estate
 Before inheritance can be distributed to the heirs,
procedures must be completed:
o Payment of outstanding debts
o Estate tax
o Collation
o Final determination of ownership of contested
property
 According to NHA: the estate of a decedent is a juridical
person
Limjoco v Intestate Estate of Fragante
Within the philosophy of the present legal system and within the
framework of the constitution, the estate of P. O. F. should be
considered an artificial or juridical person for the purposes of the
settlement and distribution of his estate which, of course, include the
exercise during the judicial administration thereof of those rights and
the fulfillment of those obligations of his which survived after his death.
One of those rights was the one involved in his pending application
before the Public Service Commission in the instant case, consisting
in the prosecution of said application to its final conclusion. An injustice
would ensue from the opposite course.
If by legal fiction the personality of P. O. F. is considered extended so
that any debts or obligations left by, and surviving, him may be paid,
and any surviving rights may be exercised for the benefit of his
creditors and heirs, respectively, there is no sound and cogent reason
for denying the application of the same fiction to his citizenship, and
for not considering it as likewise extended for the purposes of the
aforesaid unfinished proceeding before the Public Service
Commission.
The Limjoco, Billings and NHA Rules discussed
1) 2 types of persons:
a. natural
b. Artificial
i. Collection or succession of natural persons forming a
corporation
ii. Collection of property to which the law attributes the
capacity of having rights and duties
2) In Billings, Estate of Morgan must be considered a juridical
entity since no one could be prosecuted for forgery
3) Billings: estate of deceased person is a juridical entity for limited
purposes (justice for forger)
4) Billings used in Limjoco – estate of a deceased person is
considered a person to avoid injustice or prejudice resulting
from the impossibility of exercising such legal rights and fulfilling
such legal obligations
5) Neither did Billings nor Limjoco establish a general rule: they
created an exception. NHA “to the extent of the interest that the
original owner had over the property, the same should go to the
estate
3. The Object of Succession is the Inheritance
a. Future Property vs. Future Inheritance
Future Property Future Inheritance
Anything which a person does Contingent universality or
not own at present but which complex of rights and
the person may acquire or obligations that are passed to
proposes to acquire in the the heirs upon death of the
future grantor
Can be the object of a contract Cannot be the object of a
contract
b. Contracts Involving Future Inheritance
Blas v. Santos
When agreement to transmit one-half of conjugal share is a contract
as to future inheritance.—-A document signed by the testator's wife,
promising that she would respect and obey all the dispositions in the
latter's will, and that she would hold one-half of her share in the
conjugal assets in trust for the heirs and legatees of her husband in his
will, with the obligation of conveying the same to such of his heirs or
legatees as she might choose in her last will and testament, is a
compromise and at the same time a contract with sufficient cause or
consideration.
Future inheritance is any property or right, not .in existence or capable
of determination at the time of the contract, that a person may in the
future acquire by succession.
De Belen vda. De Cabalu v. Tabu
Under Article 1347 of the Civil Code, “No contract may be entered into
upon future inheritance except in cases expressly authorized by law.”
Paragraph 2 of Article 1347, characterizes a contract entered into upon
future inheritance as void. The law applies when the following
requisites concur: (1) the succession has not yet been opened; (2) the
object of the contract forms part of the inheritance; and (3) the
promissor has, with respect to the object, an expectancy of a right
which is purely hereditary in nature.
Observations on vda de Cabalu
1) The succession has not yet been opened
 Succession of Faustina’s estate was opened at death,
probate had nothing to do with the opening of succession
 Probate – judicial proceeding that the law prescribes solely
for the purpose of determining:
i. Testamentary capacity of the testator
ii. Compliance with formalities prescribed by law
iii. Identification of the purported will as that of the
testator
iv. That the testator freely and voluntarily executed the
will
2) The object of the contract forms part of the inheritance
 9, 000 m2 property formed part of Faustina’s estate
however, upon her demise the property became part of
Faustina’s actual inheritance
3) The promissor has, with respect to the object, an expectancy of  Donations mortis causa between future spouses now require the
a right which is purely hereditary in nature execution of wills
 Benjamin inherited property from Faustina in 1941
 Domingo and his mother inherited from Benjamin in 1960 5. Succession is Governed by the Will or by Law
 Domingo sold the property in 1975 – his right was not a Succession may be governed by:
mere expectancy but had inherited at least part of it from 1) The rules of testamentary succession, if there is a will
his father 2) The rules of intestate succession, if decedent died without a will,
a void will or with a will that has subsequently lost its validiy
4. Death Triggers Succession 3) Combination of the rules of testate and intestate succession if the
Death may be: decedent executed a valid will which did not completely dispose
a) Actual of the inheritance
b) Presumed
i. Ordinary Succession may be classified as:
ii. Extraordinary As to effectivity Either inter vivos or mortis causa
As to the existence Testamentary, intestate or mixed
Circumstance (390 Length of time Date of Death of the will
and 391) disappeared As to the Compulsory = succession of compulsory
absentee 10 years Occurred at the end transferees heirs to the legitime
of the 10 years from Voluntary = succession of voluntary heirs,
the disappearance legatees and devisees to the disposable
If 75 years old at 5 years Occurred at the end free portion
the time of of the 5 years from As to the extent Universal = entire estate
disappearance the disappearance Particular = specific property or portion
Person on board a 4 years Occurred on the
missing vessel, date of the Art. 775
airplane disappearance of Art. 782
disappeared the absentee,
Person in armed although Definitions of Heir, Legatee and Devisee
forces taken part in presumption only 1. Heir – person called to the succession in the testator’s will,
war arises at the end of who pursuant to the terms will either receive the entirety or
Person in danger of the 4-yr period a fractional part of the inheritance
death under other 2. Legatee – person called to the succession in the testator’s
circumstances will, who will receive MOVABLE property specifically
identified by the testator
a. Succession Inter Vivos 3. Devisee - person called to the succession in the testator’s
 Succession triggered by the annulment or declaration of nullity of will, who will receive IMMOVABLE property specifically
marriage identified by the testator
 Art. 50. Final judgment shall provide for. . .delivery of their
presumptive legitimes (to common children) Importance of the Distinction
 Art. 51. Presumptive legitimes are computed as of the date of final
judgment of the trial court HEIRS LEGATEE/DEVISEE
 Art. 52. Record of judgment of nullity/annulment and delivery of Preterition (not mentioning the Preterition does not annul the
legitimes in the civil registry/ registries of propertiesotherwise it name of the heir in a will) legacy or devise (must not be
shall not affect third persons annuls the institution inofficious)
 Art. 50 of the family code implicitly amends Art. 774 such that Annulment of institution is Will still get gifts of movable or
succession may now occur during the lifetime of a person TOTAL leaving nothing under immovable property as long as
the will these do not impair the legitime
b. Contractual Succession Art. 918. Invalid disinheritance Invalid disinheritance does not
 Gratuitous disposition of future property mortis causa made by annuls the institution of heirs annul the devises or legacies
one future spouse to the other (or bilaterally) in the ante-nuptial insofar as it prejudices the and they shall be valid to the
contract invalidly disinherited heir extent they d not impair the
 Art. 130 (CC). future spouses may give each other as much as legitime, although gifts of
one-fifth of their present property, and with respect to their future movable or immovable property
property, only in the event of death may be reduced or abated if
 Art. 84 amended Art.130. future spouses are expressly total annulment is insufficient to
permitted to give donations of present property to each other make whole the legitime of a
however, donations of future property has two requisites: compulsory heir
o Donation mortis causa shall be governed by law on Are not given specific property Given specific movable or
testamentary succession by the testator but only immovable properties
o The donor must comply with the formalities of a will fractional parts
Art. 776
Art. 781
The Inheritance
 Art. 781 – accruals to the hereditary estate are liable for the
payment of the outstanding obligations of the decedent
 The inheritance of a person includes properties, rights and
obligations which are not extinguished by his death, however,
accruals thereto, while not forming part of the hereditary estate,
are liable for the payment of the claims of the creditors of the
decedent
Exclusion to Inheritance
1. FIDEICOMMISSARY SUBSTITUTIONS
 Art 863. Testator simultaneously institute two heirs to one and
the same inheritance
 First heir receives inheritance at death of the testator, however,
must preserve and transmit to second heir
 Property does not form part of inheritance of the first heir
2. RESERVA TRONCAL
 Art. 891. Ascendant who inherits from his descendant any
property which the latter may have acquired gratuitous title from
another ascendant, or a brother or sister IS OBLIGED TO
RESERVE SUCH PROPERTY for the BENEFIT OF RELATIVES
WITHIN THIRD DEGREE and WHO BELONG TO THE LINE
FROM WHICH THE PROPERTY CAME
3. MATTER OF VLID ALEATORY CONTRACTS
 Contracts where by two or more persons pool their resources in
a joint investment and stipulate that the survivor among them
shall take absolute title over the entirety of the investment upon
the death of one of them
Macam v. Gatmaitan and Gatmaitan
Exhibit C is an aleatory contract whereby, according to article 1790 of
the Civil Code, one of the parties or both reciprocally bind themselves
to give or do something as an equivalent for that which the other party
is to give or do in case of the occurrence of an event which is uncertain
or will happen at an indeterminate time.
Leonarda and Juana reciprocally assigned their respective property to
one another conditioned upon who might die first, the time of death
determining the event upon which the acquisition of such right by the
one or the other depended.
Rivera v Peoples’ Bank and Trust Company
Is the survivorship agreement valid? Prima facie, we think it is valid. It
is an aleatory contract supported by law a lawful consideration — the
mutual agreement of the joint depositors permitting either of them to
withdraw the whole deposit during their lifetime, and transferring the
balance to the survivor upon the death of one of them.
But although the survivorship agreement is per se not contrary to law,
its operation or effect may be violative of the law. For instance, if it be
shown in a given case that such agreement is a mere cloak to hide an
inofficious donation, to transfer property in fraud of creditors, or to
defeat the legitime of a forced heir, it may be assailed and annulled
upon such grounds. No such vice has been imputed and established
against the agreement involved in the case.
Vitug vs. CA
 In this case, the monies subject of savings account No. 35342-
038 were in the nature of conjugal funds. There is no showing that
the funds exclusively belonged to one party, and hence it must be
presumed to be conjugal, having been acquired during the
existence of the marita. relations.
 Neither is the survivorship agreement a donation inter vivos, for
obvious reasons, because it was to take effect after the death of
one party. Secondly, it is not a donation between the spouses
because it involved no conveyance of a spouse's own properties
to the other.
 The validity of the contract seems debatable by reason of its
"survivor-take-all" feature, but in reality, that contract imposed a
mere obligation with a term, the term being death. Such
agreements are permitted by the Civil Code.
 The fulfillment of an aleatory contract depends on either the
happening of an event which is (1) "uncertain," (2) "which is to
occur at an indeterminate time."
 Survivorship agreements are valid and binding, not only
between the parties but also their respective successors
provided that the operation of such agreements do not violate
the law such as:
(1) When used to conceal and inofficious donation
(2) When used to transfer property in fraud of creditors
(3) When used to defeat the legitime of compulsory heirs
Art. 777
Time and Death of the Decedent
 Ownership of inheritance passes to heirs at the time of
death of the decedent
 Physical delivery, however, may be delayed by legal
formalities such as:
o CPA statement on itemized assets and deduction
from estate
o Estate tax returns,
o Execution of deed of partition
o Publication requirements
 Time of death of decedent determines:
i) Law applicable to the substantive validity of his will
ii) Composition of the decedent’s assets and their
valuation
iii) Compulsory heirs who are to succeed the decedent
and their testamentary capacity to succeed
iv) Determination of issues relating to preterition
v) Testamentary capacity of the testator
vi) Timeliness of acceptance or repudiation of the
inheritance and the effects thereof
Consequences of Art. 777
1. Death, the Defining Moment
Bonilla vs. Barcena
The moment of death is the determining factor when the heirs acquire
a definite right to the inheritance whether such right to be pure or
contingent. The right of the heirs to the property of the deceased vests
in them even before juridical declaration of their being heirs.
2. Distribution Subject to the Existence of a Residual Estate
Salvador v Sta. Maria
The right of the heirs to specific distributive shares of the inheritance
does not become finally determinable until all the debts of the estate
are paid.
Final distributive shares are inchoate until death of decedent and
cannot be enforced. Residual estate after payment of decedent’s
death determines distribution.
3. Automatic Transmission of the Hereditary Estate
Ramirez v Baltazar
The rights to succession are automatically transmitted to the heirs from
the moment of death of the decedent. While, as a rule, the formal
declaration or recognition to such successional rights need judicial
confirmation, the court has protected these rights from encroachment
made or attempted before the judicial declaration.
4. Recognition of Ownership by Reason of Succession
GR: rights to succession are transmitted from the moment of
decedent’s death. However, recognition of the ownership of the
inheritance by reason of succession is not self-executory in the case
of the transfer of ownership of shares of stock of a corporation. Heirs
do not automatically become stockholders of a corporation. Art. 63 of
the Corp. Code – no transfer of shares shall be valid until transfer is
recorded in the books of the corporation.
Puno v Puno Enterprises, Inc.
Upon the death of a shareholder, the heirs do not automatically
become stockholders of the corporation and acquire the rights and
privileges of the deceased as shareholder of the corporation—the
stocks must be distributed first to the heirs in estate proceedings, and
the transfer of the stocks must be recorded in the books of the
corporation; During such interim period, the heirs stand as the
equitable owners of the stocks, the executor or administrator duly
appointed by the court being vested with the legal title to the stock.
Reyes v. Regional Trial Court of Makati
The status of heirs as co-owners of shares of stocks prior to the
partition of the decedent’s estate does not immediately and
necessarily make them stockholders of the corporation—unless and
until there is compliance with Section 63 of the Corporation Code on
the manner of transferring shares, the heirs do not become registered
stockholders of the corporation
Comments on Reyes
No law requires succession to be declared. The right of an heir to
inherit arises from the moment of death of the decedent, although his
right to specific distributive is inchoate. The process of liquidating the
estate does not reduce the successional rights of the heir to a mere
expectancy. The “right to inherit” is not synonymous to “the right to
specific distributive share”.
5. Disposal of Hereditary Share of Inheritance
There is no legal bar to a successor to dispose of the hereditary share
immediately after such death, even if the actual extent of such share
is not determined until the subsequent liquidation of the estate. Effect
of such alienation is deemed limited to what is ultimately adjudicated
to the vendor heir.
De Borja v. Vda. De Borja
As owner of an undivided hereditary share, an heir can dispose of it
in favor of anyone. Such alienation is recognized by Art. 1088 of the
Civil Code, “Should any of the heirs sell his hereditary rights to a
stranger before the partition, any or all of the co-heirs may be
subrogated to the rights of the purchaser by reimbursing him for the
price of the sale. . . “
6. Sale of an Undivided Share of the Inheritance
An heir may only sell his ideal or undivided share in the estate, not any
specific property therein. An heir can only alienate such portion of the
estate that may ultimately be allotted to him in the division of the estate
by the probate or intestate court after final adjudication, after all debts
have been paid or the devisees or legatees shall have been given their
shares.
Lee v. RTC of Quezon City (GR 146006)
Where the appropriation of estate properties is invalid, the subsequent
sale thereof to a third party without court approval is likewise invalid.
The sale of the property of the estate by an administrator without the
order of the probate court is void and passes no title to the purchaser,
and any unauthorized disposition of estate property can be annulled
by the probate court, there being no need for a separate action to annul
the unauthorized disposition.
7. Court Approval for Disposition of the Hereditary Estate
A stipulation requiring court approval of any disposition does not
affect the validity and the effectivity of the sale as regards the selling
heirs.
Heirs of Sps. Sandejas v. Lina (141634)
Court approval is required in any disposition of the decedent’s estate,
but reference to judicial approval, cannot adversely affect the
substantive rights of heirs to dispose of their own pro indiviso shares
in the co-heirship or co-ownership. Where other heirs did not consent
to the sale of their ideal shares in the inherited property, the sale will
only be limited to the pro indiviso share of the selling heir.
8. Co-ownership during the Period of Indivision
Co-owner has no right to sell or alienate a specific or determinate part
of the thing owned in common. The sale is not void but is valid on with
respect to the aliquot share of the selling co-owner. It is subject to the
results of the partition.
Santos v. Lumbao (169129)
Even while an estate remains undivided, co-owners have each full
ownership of their respective aliquots or undivided shares and may
therefore alienate, assign or mortgage them, and, in any case, the
mere fact that the deed purports to transfer a concrete portion does
not per se render the sale void.
Heirs are bound by contracts entered into by their predecessors-in-
interest—whatever rights and obligations of the decedent have over a
property are transmitted to the heirs by way of succession, a mode of
acquiring the property, rights and obligations of the decedent to the
extent of the value of the inheritance of the heirs
Summary of Jurisprudence on Art. 777
(1) Hereditary estate passes in ownership to the heirs from the
moment of decedent’s death. Heirs become co-owners
(2) Right of heirs to specific distributive shares of the inheritance
does not become final until all debts of the estate are paid
(3) Pending partition, each co-heir may convey the whole or a portion
of his undivided interest in the inheritance. If co-heir sells his
share, other co-heirs are entitled to exercise the right of
redemption under Art. 1088.
(4) Pending partition, co-heirs may enter into a compromise
agreement even if such compromise alters the distribution of the
estate as prescribed by the will of the testator
(5) Court approval is required in any disposition of specific property
forming part of the decedent’s estate. Heirs can sell their rights,
interest or participation in the estate under administration
(6) Upon death of shareholder, heirs do not automatically become
stockholders of the corporation but is merely an equitable owner
of the stocks, pending the distribution and registration of the
transfer of shares.
Art. 778
Art. 779.
Art. 780.
Types of Succession
1. TESTAMENTARY – testator dies with a valid and operative
will which must be valid in two ways:
a. Extrinsic – compliance with the formal requirements of
a will
b. Intrinsic – substantive validity of testator’s dispositions
contained therein
2. LEGAL OR INTESTATE – without valid and operative will,
distribution of estate is controlled by law
3. MIXED:
a. Will does not distribute the entire estate or there is no
provision as to how the residual property is to be
disposed
b. Provisions are not considered testamentary/property
dispositions
i. Ex. provision of the will relates to the appointment of
an administrator, payment of debts or
acknowledgment of an illegitimate child
c. Beneficiaries are incapable to accept or enter into
inheritance and there being no substitution,
representation or accretion
Rodriguez, et al. v Borja, et al. (L-21993)
Intestacy is subsidiary to testacy.—Intestate succession is only
subsidiary or subordinate to the testate, since intestacy takes place
only in the absence of a valid operative will. Only after a final decision
as to the nullity of testate succession could an intestate succession be
instituted. The institution of intestacy proceedings in one court may not
thus proceed while the probate of the purported will of the deceased is
pending in another court.
CHAPTER 2
TESTAMENTARY SUCCESSION
Section 1 – Wills
Subsection 1 – Wills in General
Art. 783.
Characteristics of a Will
1. Statutory Right – conferred solely by law, not a natural right
2. Unilateral Act – unlike contracts, consent of the beneficiaries to
the execution of the will is unnecessary; beneficiaries merely
accept of repudiate
3. Formal Act – failure to comply with statutory requirements
results in nullity of the will. Form is either:
a. Notarial Will (Art. 804-806)
b. Holographic Will (Art. 810)
4. Personal Act – exercise of testator’s judgment or discretion in
determining the testamentary dispositions is NON-DELEGABLE;
mechanical act of drafting and finalizing will may be delegated to
third party, agent or attorney
5. Effective Mortis Causa – will becomes effective after testator’s
death; exception: payment of presumptive legitime in FC Art. 50
6. Essentially Ambulatory – testator may revoke his will at any
time before death, any waiver or restriction of this right is void;
testator must have testamentary capacity at the time of revocation
(ex. cannot be insane)
7. Free Act – Notarial will: notary public knowledges that will is
free and voluntary; Holographic will: no need for notary public
however, Art. 839 denies probate if:
a. procured by undue pressure by beneficiary or other
b. signature of testator was procured by fraud
c. testator acted by mistake in signing the will
Limitations on the Power to Control
Limitations of testator in executing a will are:
1. Legitime – part of testator’s property which he cannot dispose of
because the law has reserved it for certain heirs who are called
compulsory heirs; may be deprived through disinheritance
2. Reservable Property – Art. 891. Ascendant who inherits from hid
descendant any property which the latter obtained by gratuitous
title from another ascendant, brother or sister must reserve such
for the benefit of relatives within the third degree and who belong
to the line from which said property came
3. Mistress – forbidden by public policy
4. Fideicommissary Substitution – 2 heirs, related to each other
within the first degree of consanguinity
5. Condition Not to Marry – absolute condition not to contract a
first marriage is void and deemed not written; subsequent
marriage valid only if imposed on widow or widower by deceased
spouse or ascendants/descendants
6. Dispocicion Captatoria – condition that heir shall make some
provision in his will in favor of the testator or any other person is
void
7. Dispositions in Favor of Incapacitated Persons – Art. 1027
(priest, relative of such priest, guardian, attesting witness,
physician, others not permitted by law to inherit) and 1028 (guilty
of adultery/concubinage, guilty of the same criminal offense,
public officer to wife, Des/Asc)
Necessity of Conveyance of Property
A will must convey property over which testator has some degree of
control, otherwise the document is not a will. A document is not a will
if its only disposition is recognition of an illegitimate child. However, it
is a will if it relates to the disinheritance of a compulsory heir.
Seangio v. Reyes (140372-72)
For disinheritance to be valid, Article 916 of the Civil Code requires
that the same must be effected through a will wherein the legal cause
therefor shall be specified; Maltreatment of a parent by a child presents
a sufficient cause for the disinheritance of the latter.
A holographic will must be entirely written, dated, and signed by the
hand of the testator himself—it is subject to no other form, and may be
made in or out of the Philippines, and need not be witnessed.
Observations on Seangio
If SC already ruled on the extrinsic validity of the will, why did it
remand the case to the probate court? The only thing left to do is to
liquidate the estate and distribute the proceeds.
Art. 784.
Non-Delegability of Testamentary Discretion.
 Testamentary dispositions  discretion of testator
 Mechanical act of preparing notarial will  attorney
TEST OF DETERMINING TESTEMTARY CHARACTER OF A
DISPOSITION:
Does it answer the question:
(1) Who will inherit? (i.e. Nothing for Alfredo)
(2) What or how much will be inherited? (distribute by
intestacy)
Art. 785
Art. 786.
Strictly a Personal Act
If heirs, legatees or devisees are identified in the will by name,
testator may not delegate to third person:
(1) Duration of designation of heirs, legatees or devisees
(2) Efficacy of their designation
(3) Portions or property to be given to such heirs, legatees or
devisees
Implementation of testamentary disposition is DELEGABLE.
Class Institution
Testator may entrust to a third person the distribution of the property
that he left by will to such class or cause:
Art. 1030. Testamentary provisions in favor of the poor in general . . .
shall be limited to the poor living in the domicile of the testator at the
time of his death, unless intention was otherwise.
Designation of the persons who are to be considered as poor and the
distribution of the property shall be made by the person appointed by
the testator for that purpose (in lieu, executor, justice of the peace,
mayor, municipal treasurer)
Art. 787.
Prohibited Delegation – discretion to determine whether or not a
testamentary disposition would be operative; gives person the power
to countermand his testamentary directive
Art. 789.
Defective Testamentary Dispositions
(1) Imperfect description of a property to be given to a
particular recipient
(2) Imperfect description of a person who is to receive the
property
(3) Uncertainty as the face of the will on the application of any
of its provisions
Classification of Defects
1. Patent Defects – apparent merely by reading it
“To some of my brothers I bequeath one-half of my estate”
2. Latent Defects – ambiguity appears when disposition is
examined in light of extrinsic facts
“To my friend Joe” however testator has two friends named
Joe
Remedial Measures – determine the true intention of the testator by
1. Examine the will in its entirety
2. Use extrinsic evidence (except oral declaration of the
testator) either testimonial or domentary
Art. 788
Rationale – rules of interpretation must be used to ensure that the
testamentary directive is given effect; exercise of control should be
respected
Art. 790. Ordinary and Technical Sense
De Roma v. CA (L-46903)
Fact that a donation is irrevocable does not necessarily exempt the
donated properties from collation as required under Art. 1061, Civil
Code; Given the precise language of the deed of donation the
decedent-donor would have included an express prohibition to collate
if that had been the donor's intention. Intention to exempt donated
properties from collation should be expressed plainly and
unequivocally as an exception to the general rule in Art. 1062, Civil
Code; Absent such a clear indication of that intention, the rule not the
exception should be applied.
Art. 791
Dizon-Rivera v. Dizon (L-24561)
The testator's wishes and intention constitute the first and principal law
in the matter of testaments, and to paraphrase an early decision of the
Supreme Court of Spain, when expressed clearly and precisely in his
last will amount to the only law whose mandate must imperatively be
faithfully obeyed and complied with by his executors, heirs and
devisees and legatees, and neither these interested parties nor the
courts may substitute their own criterion for the testator's wiIl.
The repeated use of the words "I bequeath" in the testamentary
dispositions acquire no legal significance, such as to convert the same
into devises to be taken solely from the free one-half disposable
portion of the estate where the testator's intent that his testamentary
dispositions were by way of adjudications to the beneficiaries as heirs
and not as mere devisees, is clear and that said dispositions were
borne out by the use of phrase "my heirs in this testament" referring to
the "devisees."
Vda de. Villafolor v. Juico (L-15737)
The intention and wishes of the testator, when clearly expressed in his
will, constitute the fixed law of interpretation, and all questions raised
at the trial, relative to its execution and fulfillment, must be settled in
accordance therewith, following the plain and literal meaning of the
testator's words, unless it clearly appears that his intention was
otherwise.
Observations on vda. De Villaflor
Villaflor was a “reversionary legatee” such that legacy did not give her
ownership over properties but merely a lifetime usufruct. Upon death
of decedent, usufruct was extinguished.
Art. 792.
Separability Clause – nullity of one of the testamentary dispositions
does not invalidate the others, unless the valid dispositions depend
upon the void disposition.
Balanay, Jr. v. Martinez (L-39247)
The rule is that “the invalidity of one of several dispositions contained
in a will does not result in the invalidity of the other dispositions, unless
it is to be presumed that the testator would not have made such other
dispositions if the first invalid disposition had not been made”
Art. 793
Purpose of the Law – permits a testator to dispose of property
acquired after the making of a will without having to execute a new will;
minimizes partial intestacy; testator simply indicates an intention to
dispose all properties acquired after the making of the will and how
Distinguished from the “Future Property” in Art. 781
781 793
Accruals to the inheritance Property acquired by testator
after the death of the testators after execution of the will
Belong to the heirs by right of
accession
To pay for the testator’s debts
General Rule and Exceptions
GR: a will can only distribute properties owned by testator at the time
of the execution of the will
Exc: 793: testator may dispose future property if he indicates so (“I
hereby bequeath all other property which I have not otherwise
disposed in this will, as well as all property which I may in the future
acquire by any title, to X and Y in equal shares.”)
Art. 794.
General Rule – every legacy or devise is presumed to convey to the
beneficiary the entirety of the testator’s interest in the specific property
subject matter thereof (if entire, then entire, if aliquot , then aliquot
only); no one can give what he does not have
Grant of Less then Full Interest – testator may grant to one a
naked title and to another usufruct; may grant one-half pro indiviso
interest or bequeath a car to two persons jointly
Grant of Greater Interest – testator may convey interest in property
that exceeds his rights thereto; may be that 3rd party interest be
acquired so as to give the thing in its entirety to the beneficiary
Art. 795. Formal Validity of a Will
Two kinds of validity of a will: formal and substantive
Rules as to Formal Requirements
1. As to Time – formal validity of a will is governed by the law
in effect at the time of its execution; even if the formal
requirements are amended subsequent to its execution (for
substantive – law at the time of death of testator)
2. As to Place – testator may choose the law that will govern
the formal validity of his will; Filipino testator abroad may
use foreign law or Philippine law; likewise with foreign
national in the Philippines
Conflict Rules as to Formal Requirements
Choice of Law as to Place of Execution
Filipino Testator a) Philippine law
b) Law of country where will is executed
c) Any form established by the law of the
country in which he is; may be probated
in the Phil
Resident and a) Law of country where will is executed
Non-Resident b) Will of an alien executed abroad is
Alien Testator effective in the Phil if made with
formalities prescribed by the law of the
place where he resides, observed in his
country, or in conformity with Phil law
Conflict Rules as to Substantive Requirements
Choice of Law as to Substantive Validity
As to Time Law in force at time of death of the testator
As to Place Art. 16 – national law of the person whose
succession is under consideration, whatever
the nature of the property, regardless of the
country where property is found
Bellis v. Bellis (L-23678)
The doctrine of renvoi is usually pertinent where the decedent is a
national of one country and is domiciled in another. It does not apply
to a case where the decedent was a citizen of Texas and was
domiciled therein at the time of his death. So that, even assuming that
Texas has a conflicts rule providing that the domiciliary law should
govern successional rights, the same would not result in a reference
back (renvoi) to Philippine law, but it would still refer to Texas law.
Nonetheless, if Texas has a conflicts rule, adopting the rule of lex rei
sitae, which calls for the application of the law of the place where the
properties are situated, renvoi would arise, where the properties
involved are found in the Philippines.
Subsection 2 – Testamentary Capacity and Intent
Art. 796.
Art. 797.
Art. 798.
Elements of Testamentary Capacity
Testator:
(1) Is a natural person
(2) Is at least 18 yrs of age at the time of the execution of the
will
(3) Must be of sound mind at the time of the execution of the will
(4) Is not expressly prohibited by law from making a will
Age Requirement – to ensure that the testator possesses sufficient
discretion, emotional and intellectual maturity
Capacity to Act – power of a person to perform an act with legal effect;
not an element of testamentary capacity; minority insanity and
imbecility disqualify a person from executing a will
Art. 799.
Soundness of Mind
GUIDELINES TO DETERMINE WHETHER TESTATOR IS OF
SOUND MIND:
(1) Should know the nature of the estate to be disposed
(2) Should know the proper objects of his bounty
(3) Conscious of the nature of the testamentary act
De Guzman v. Intestate Estate of Francisco Benitez (61167-68)
Benitez was confined in the National mental Hospital for varying
periods of time before executing his will. Trial court ruled that he was
not of sound mind at the time he executed his will.
 Baltazar v. Laxa (174489) Suroza v. Honrado (AM 2026)
Testatrix did not know English, yet the will was written in English and
Art. 800 was affixed with her thumb mark. In the opening paragraph of the will,
Presumption of Sanity – may be controverted by competent it was stated that English was a language “understood and known” to
evidence; burden of proof with person opposing probate the testatrix. In its concluding paragraph it stated that it was read to
the textatrix “and translated into Pilipino language”
Exceptions to the Presumption of Sanity
(1) One month or less, before the execution of the will, testator was b. Circumstances indicating knowledge of the language
publicly known to be insane Reyes v. Vda de Vidal (L-2867)
(2) Prior judicial declaration of testator’s insanity, unless such Deceased was a mestiza Española married to a Spaniard, made
declaration has been set aside prior to execution of the will several trips to Spain. Letters of deceased were written in Spanish.
(3) Prior judicial appointment of a guardian over the person/property
of a person by reason of having been found to be insane c. Presumption of knowledge of the language – where it is
proved that testator resides in a particular locality, a
To maintain validity of the will in these circumstance, one must prove presumption arises that he knows the language or dialect
that testator was spoken therein
i. In a lucid interval
ii. Regained his sanity 3. The testator must sign at the end of the will
a. Purpose – indicate the logical end of the testamentary
dispositions
Art. 801 o additional disposition appearing after the signature of the
Determination of Testamentary Capacity – at the time of the testator compromises the genuineness of the will
execution of the will b. Bottom signature does not apply to the witnesses – they
may sign at any other place to identify the pages of the will
Art. 802. Married woman without consent of husband and to prevent fraudulent substitution
Art. 803. Married woman – sep. property and conj property
Taboada v. Rosal (L-36033)
Subsection 3 – Forms of Wills The signatures of the instrumental witnesses on the left margin of the
first page of the will attested not only to the genuineness of the
Art. 804 signature of the testatrix but also the due execution of the will as
Art. 805 embodied in the attestation clause.
Art. 806
Forms of Wills It must be noted that the law uses the terms attested
1. Notarial (attested) and subscribed. Attestation consists in witnessing the testator’s
2. Holographic (handwritten execution of the will in order to see and take note mentally that those
no other form is recognized things are done which the statute requires for the execution of a will
and that the signature of the testator exists as a fact. On the other
The Purpose of the Formalities hand, subscription is the signing of the witnesses’ names upon the
“to close the door on bad faith and fraud, to avoid substitution of wills same paper for the purpose of identification of such paper as the will
and testaments, and to guarantee their truth and authenticity.” which was executed by the testator.
 A testator can no longer confirm or explain his testamentary
dispositions, hence strict conformity is required for distribution of c. Sufficiency of the customary signature of the testator – may
the estate to be executed according to his intent affix his initials if that is his customary signature, may be
thumb mark, if an X must be proved that this is his usual
Formal Requisites of a Notarial Will signature
1. A will must be in writing d. Facsimile signature is not acceptable – risk of unauthorized
 To evidence compliance with the formalities prescribed by stamping
law e. Requisites for third person signing on behalf of the testator
 To serve as exclusive proof of its contents, avoiding i. Testator makes an express directive to the third person
reliance on the memory of man ii. Third person should write the name of the testator and
Must likewise be presented to the court during probate so that: not his own name
 A visual inspection to determine compliance with formalities iii. Third person writes the testator’s name in the will in the
 After verifying compliance, opportunity to examine the presence of the testator and of each of the instrumental
testamentary dispositions witnesses
(hence, an illiterate person, may execute a notarial will)
2. A will must be written in a language or dialect known to the
testator Balonan v. Abellana, et al. (L-15153)
 to ensure that testator understand contents of his will, The name of testatrix Anacleta Abellana, does not appear under the
protection against fraud will by said Abellana or by Dr. Juan Abello, hence failure to comply
with requirement that testator must himself sign the will or some other
a. Circumstances Indicating lack of knowledge of the in his presence with her express direction
language

4. A will must be attested and subscribed by three credible
witnesses
Functions of witnesses:
i. Attesting the due execution of the will
- Declare compliance with formalities which law requires
to be confirmed in the attestation clause
ii. Subscribing thereto
- Signing of witnesses’ names upon the same paper for
identification of such as the will executed by the testator
b. Effect of a missing signature – witnesses should sign the
will ON THE LEFT MARGIN OF EVERY PAGE except the
last
- if one page was missed but the other pages signed, the
formal defect is cured and will be admitted to probate
Icasiano v. Icasiano (L-18979)
Failure of witness to sign one page is cured by complete set of
signatures in the duplicate copy.
c. Credible witness – credible is “worthy of belief”; cannot be
legislated
d. Competent witness – Art. 820 enumerates qualifications of
a witness to a notarial will, 821 enumerates disqualifications
5. The testator and witnesses must sign in the presence of one
another
Nera v. Rimando (5971)
The position of testator and of the witnesses to a will, at the moment
of the subscription by each, must be such that they may see each other
sign if they choose to do so. The question whether the testator and the
subscribing witnesses to an alleged will sign the instrument in the
presence of each other does not depend upon proof of the fact that
their eyes were actually cast upon the paper at the moment of its
subscription by each of them, but whether at that moment existing
conditions and the position of the parties, with relation to each other,
were such that by merely casting their eyes in the proper direction they
could have seen each other sign.
6. The testator and witnesses must sign on the left margin of
each page
 Fully met when instrumental witnesses signed at the left margin
of the sole page which contains all the testamentary dispositions
to prevent substitution of pages
7. Each page of the will must be numbered correlatively
 Safeguards against possible insertion
 Location of the page number is not material for as long as there
is pagination
 Pagination need not be in letters and may be in Arabic numerals
 If the first page is not numbered, omission does not necessarily
invalidate the will
Lopez v Liboro (L-1787)
The purpose of the law in prescribing the paging of wills is to guard
against fraud, and to afford means of preventing the substitution or of
detecting the loss of any of its pages. The omission to put a page
number on a sheet, if that be necessary, may be supplied by other
forms of identification more trustworthy than the conventional numeral
words or characters.
8. The will must contain in an attestation clause
Attestation clause = part of a will where witnesses certify:
1) The number of pages used upon which the will was written
2) That the testator signed the will or caused another to write
his name by his express direction and in his presence and
present of the witnesses
3) That the testator and the witness signed the will in the
presence of one another
a. Attestation clause fails to state the number of pages – not
necessarily a fatal defect if the number of pages is readily
discernible
Tabaoada v. Rosal (L-36033)
b. Error in indicating the actual number of pages – not
necessarily a fatal error
Samaniego-Celeda v. Abena (145545) - While it is true that
the attestation clause is not a part of the will, the court, after
examining the totality of the will, is of the considered opinion
that error in the number of pages of the will as stated in the
attestation clause is not material to invalidate the subject
will.
 If notarial acknowledgment indicates pages different from number
of pages in actuality, Court disallowed probate
Lopez v. Lopez (189984) - The law is clear that the
attestation must state the number of pages used upon
which the will is written. The purpose of the law is to
safeguard against possible interpolation or omission of one
or some of its pages and prevent any increase or decrease
in the pages.
c. Attestation clause fails to state the number of witnesses –
not a fatal error
Testate Estate of the Late Alipio Abada v. Abaja (147145)
d. Attestation clause fails to state that the testator’s name was
written by a third person – fatally defective
Garcia v. Lacuesta (L-4067) – signature page says that
testator requested lawyer to write his name, however, the
attestation clause did not say so hence, denial of probate
e. Attesting witnesses did not sign at the bottom of the
attestation clause
Cagro v Cagro (L-5826) - signature of the witnesses do not
appear at the bottom of the attestation clause although
were on the left hand margin  fatally defective
f. Fatally defective attestation clause
Azuela v CA (122880) – attestation clause does not contain
number of pages, is not signed by the instrumental
witnesses, does not contain an acknowledgment (only a
jurat)
g. Conflicting testimonies of the witnesses
Vda. De Ramos v. CA (L-40804)
Observations on Vda. De Ramos v. CA
 Witness does not merely attest to the signatures of the testatrix,
but also to the proper execution of the will
 Witnesses testified against the validity of the will because it was
not signed by the testatrix before their presence
 If they indeed did not see the testatrix sign the will, they
committed perjury when they signed the attestation clause
 If the testatrix signed the will in their presence, they committed
perjury when they testified falsely on the witness stand

9. The will must be acknowledged before a notary public

a. Definition of acknowledgment – act of one who has
executed a deed in going before some competent officer
and declaring it to be his act or deed
- Witness and testator need acknowledge the will at the
same time, however, must be before the same notary
public

b. Acknowledgment must be made by testator and witnesses

3 Components of a notarial will:
1) Testamentary dispositions of the testator
2) Attestation of the witnesses:
a. Actual number of pages used upon which the
will was written
b. Testator signed the will on every page thereof
or caused some other to write his name, under
his express direction, in the presence of
instrumental witnesses
c. The instrumental witnesses witnessed and
signed the will and all the pages thereof in the
presence of the testator and of one another
3) Notarial acknowledgment

Garcia v Gatchalian (L-20357) – document was

acknowledged before a notary public by the testator but not
by the instrumental witnesses hence cannot be probated

c. Role of the Notary Public

- GR: not necessary to be present in the execution of the
will
- Ex: blind testator

d. Disqualifications of a Notary Public

iii. Notary public must be duly commissioned
- Outside of his territorial jurisdiction, a notary public
has no authority to perform the notarial functions

Guerrero v. Bihis (174144) – Atty. Directo was not a

commissioned notary public for and in Quezon City,
hence, he lacked the authority to take the
acknowledgment of the testatrix and the instrumental
witnesses.

iv. Notary public must not be an instrumental witness

Cruz v. Villasor (L-32213) – To allow the notary public
to act as a third witness, would have the effect of only
having two attesting witnesses in contravention of Art.
805