Escolar Documentos
Profissional Documentos
Cultura Documentos
GENERAL PROVISION S
a. Occupation
b. Intelle ctual creati on
c. Law
d. Donati on
e. Testate and intestate succession
f. Tradition ( In consequence of certain
contracts)
g. Prescripti on 1
The first three are original and the last four are
derivative.
MODE TITLE
1
Article 712 NCC
2
What is succession?
2
Article 774 NCC
3
Article 533 NCC: “The possession of hereditary
property is deemed transmitted to the heir without
3
a. Property;
b. Transmissible rights (tho se not extinguished by death);
c. Transmissible obligation s (those not extingui shed by
death); and
d. All property which have accrued thereto since the
opening of the succession (death of the decedent). 5
a. Alluvial deposits
b. Intere sts on credit s
6
Article 793 NCC
5
The heirs are only entit led to get what remain s in the
inheritance after payment of all obligati ons. H owever, t he
heirs are not liable for the debts of the decedent which debts
must be paid or charged against the property left by the
deceased. And if this property is not enough t o defray all t he
indebtedness, the heirs are not liable to pay the balance.
(Pavia vs. Dela Rosa, 8 Phil. 70; Suilong & Co. vs. Chio –
Tayson, 1 2 Phil. 1; Centeneral vs. Sotto, 78 Phil. 432 ) Thu s,
the heir may inherit obligations but only to the extent of t he
value of the inheritance. The heir cannot be required to pay
more than what he gets. (Nacar vs. Nistal, 119 SCRA 29) It is
the estate of the decedent, instead of the heirs, who is vested
and charged with his right s and obligation s, whi ch survi ve
after his death. Fo r thi s purpose, it has been held that it is
the estate, rather than the hei r, whi ch mu st be consider ed
the decedent’s personality.
7
Article 603, par 1 NCC
6
8
“Rule 90, Sec. 1. When the order for the distribution
of residue made. – When the debts, funeral charges, and
expenses of administration, the allowance to the widow, and
inheritance tax, if any, chargeable to the estate in accordance
with law, have been paid, the court, on the application of the
executor or administrator, or of a person interested in the
estate, and after hearing upon notice, shall assign the residue
of the estate to the person entitled to the same, naming them
and the proportions, or parts, to which each is entitled, and
such persons may demand and recover their respective
shares from the executor or administrator, or any other
person having the same in his possession. If there is a
controversy before the court as to who are the lawful heirs of
the deceased person or as to the distributive shares to which
person is entitled under the law, the controversy shall be
heard and decided as in ordinary cases.
No distribution shall be allowed until the payment
of the obligations above mentioned has been made or
provided for, unless the distributes, or any of them, give a
bond, in a sum to be fixed by the court, conditioned for the
payment of said obligations within such time as the court
directs.”
9
“Article 1311. Contracts take effect only between
the parties, the assigns and heirs, except in case where the
rights and obligations arising from the contract are not
7
Observat ions:
10
Article 391 NCC
11
Article 777 NCC
12
Vide Article 533 NCC
9
13
Facts: Maria Uson was the lawful wife of Faustino
Nebreda who upon his death in 1945 left five parcels of land.
Faustino Nebreda left no other heir except his widow, Maria
Uson. Defendant Maria Del Rosario was the common law wife
of Nebreda with whom she has several illegitimate children,
the other defendants. Maria Uson file the present action for
the recovery of the ownership and the possession of said
lands claiming that when Nebreda died his common law wife
took possession of said lands. The defendant contended that
under the new Civil Code, which took effect in 1950, the
illegitimate children are given the status and rights of natural
children and are entitled to the successional rights which the
law accords to the latter and because these successional
rights were declared for the first time in the new Civil Code,
they shall be given retroactive effect even though the even
10
Illustrations:
which gave rise to them may have occurred under the prior
legislation.
Ruling: There is no merit in this claim. Article
2253 above referred to provides indeed that rights which are
declared for the first time shall have retroactive effect even
though the event which gave rise to them may have occurred
under the former legislation, but this is so only when the new
rights do not prejudice any vested or acquired right of the
same origin. Thus, said article provides that “if a right should
be declared for the first time in this Code, it shall be effective
at once, even though the act or event which give rise thereto
may have been done or may have occurred under the prior
legislation, provided said new right does not prejudice or
impair any vested or acquired right of the same origin.” As
already stated in the early part of this decision, the right of
ownership of Maria Uson over the lands in question became
vested in 1945 upon the death of her late husband and this is
so because of the imperative provision of the law which
commands that the rights to succession are transmitted from
the moment of death. The new right recognized by the new
Civil Code in favor of the illegitimate children of the deceased
cannot, therefore, be asserted to the impairment of the
vested right of Maria Uson over the lands in dispute.
11
Yes.
14
Article 1347. x x x “No contract may be entered
into upon future inheritance except in cases expressly
authorized by law.
15
Article 84. “If the future spouses agree upon a
regime other than the absolute community of property, they
cannot donate to each other in their marriage settlements
12
CHAPTER 2
TESTAMENTARY SUCCESSION
Section I. WILLS
What is a will?
16
Article 783 NCC
17
Vide Article 783 NCC
18
Articles 769 – 798 NCC
14
19
Article 784 NCC
20
Article 777 NCC
21
Article 828 NCC
22
Article 839 NCC
23
Vide Articles 818 and 819.
15
24
Under R.A. No. 6809 (1989) legal age is now 18
years.
25
Article 785 NCC
26
Article 787 NCC
16
28
What are the kinds of ambiguity in a will?
Examples:
27
Article 786 NCC
28
Article 789 NCC
17
Examples:
29
How may the ambiguities be cured?
Illustrations:
29
Article 789 NCC
18
30
Article 791 NCC
19
2. Exceptions:
31
Article 792 NCC
32
Article 793 NCC
20
2. Exceptions:
33
Article 836 NCC
34
Vide Article 930 NCC
35
Article 935, par. 1 NCC
36
Article 794 NCC
37
Real properties are enumerated in Article 415 and
personal properties in Articles 416 and 417 NCC
38
Article 929 NCC
21
a) For Filipinos –
39
Vide Articles 930 and 931 NCC
40
Vide Article 937 NCC
41
Vide Article 930 NCC
42
Article 795 NCC
43
Articles 804- 814 NCC
44
Article 815 NCC
22
b) For foreigners –
45
Article 17 NCC (Lex loci celebrationis or locus regit
actum)
46
Article 816 NCC
47
Article 17 NCC
48
Article 817 NCC
49
Article 17 NCC
50
Vide Article 2263 NCC
51
Article 2263. Rights to the inheritance of a person
who died, with or without a will, before the effectivity of this
Code, shall be governed by the Civil Code of 1889, by other
previous laws, and by the Rules of Court. The inheritance of
those who, with or without a will, die after the beginning of
the effectivity of this Code, shall be adjudicated and
distributed in accordance with this new body of laws and by
the Rules of Court; but the testamentary provisions shall be
carried out insofar as they may be permitted by this Code.
Therefore, leitimes, betterments, legacies and bequests shall
be respected; however, their amount shall be reduced if no
other manner can every heir be given his full share according
to this Code.
23
Illustration:
Problems:
52
Article 16. Par. 2 x x x However, intestate and
testamentary succession, both with respect to the order of
succession and the amount of successional rights and the
intrinsic validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is under
consideration, whatever may be the nature of the property
and regardless wherein said property may be found.
53
Article 1039. Capacity to succeed is governed by the
law of the nation of the decedent.
54
Article 16 NCC
55
Vda de Enriquez vs. Miguel Abadia, L-7188, August
9, 1954
24
56
Article 2263 NCC
25
Negatively:
57
Article 797 NCC
58
Article 798 NCC
27
1. In writing; and
2. In a language or dialect known to the testator.
Notes:
Notes:
Some discrepancies:
4. Signature; and
5. Date
Therefore;
Note:
Articles 815, 816 and 817 lay down the rules of formal
validity of wills:
Thus:
47
a. be of sound mind
b. be at least 18 years of age
c. be able to read and write
d. not be blind, deaf, or dumb
e. be domiciled in the Philippines
f. not have been convicted (by final judgment)
of falsification of a document, perjury, or
false testimony
59
Section 20. Witnesses; their qualifications. – Except
as provided in the next succeeding section, all persons who
can perceive, and perceiving, can make known their
perception to others, may be witnesses.
50
1. the witness;
2. the spouse of the witness;
3. the parent of the witness;
4. the child of the witness;
5. anyone claiming the right of said witness, spouse,
parent or child (ex. The creditor of the witness if the
said creditor has not been paid.)
SUBSECTION 5. CODICILS
AND INCORPORATION BY REFERENCE
1. Burning;
2. Tearing;
3. Canceling; or
4. Obliterating.
SUBSECTION 7. – REPUBLICATION
AND REVIVAL OF WILLS
59
What is republication?
Application:
What is probate?
Notes:
PERTINENT PROVISIONS
RULE 75
RULE 76
60
Article 887 enumerates the compulsory heirs –
1. Legitimate children and descendants, with
respect to their legitimate parents and ascendants;
2. In default of the foregoing, legitimate
parents and ascendants, with respect to their
legitimate children and descendants;
3. The widow or widower;
72
Concept of legitime:
1. He is a testamentary heir as
distinguished from a legal or intestate
heir. He is also different from a devisee
or legatee.
2. He continues the juridical personality of
the testator but only in relation to the
No, except:
Note:
Each gets 20, 000. While the law mentions only full
and the half-brother, it is evident that the others may be
considered in the same category as strangers, making Article
846 applicable.
Note:
Application:
X- ½ (180, 000)
Y- 1/3 (120, 000)
Z- ¼ (90, 000)
390, 000
Excess: 30, 000
A= 3/12
B= 2/12
C=4/12
A = 6/12
B = 4/12
C = 3/12
6 + 4 + 3 = 13
a. Testamentary succession,
b. Legacy or devise,
c. Donation inter vivos, or propter nuptials,
d. Intestacy.
Other effects:
4. Adopted children.
Application:
Yes, in Acain vs. IAC, G.R. No. 72706, Oct. 27, 1987,
it was held that if preterition is by mistake or inadvertence,
there is true preterition and total intestacy results. The
reason for this is the inability to determine how the testator
would have distributed his estate if none of the heirs had
been omitted or forgotten.
If the omission is intentional, the effect would be a
defective disinheritance covered by Article 918, in which case
the institution of heirs is not wholly void but only insofar as it
prejudices the legitime of the person disinherited. The nullity
is partial unlike in true preterition where the nullity is total.
Preterition is presumed to be only an involuntary
omission; that if the testator had known of the existence of
the compulsory heir at the time of the execution of the will,
he would have instituted such heir. On the other hand, if the
testator attempts to disinherit a compulsory heir, the
presumption of the law is that he wants such heir to receive
as little as possible from the estate.
Application:
ii. If A is incapacitated?
Notes:
3. Reciprocal (reciproca)
4. Fideicommissary (fideicommisaria).
A = 2/6
B = 1/6
2:1 = 3
A = 2/3
B = 1/3
A = 2/3 x ½ = 2/6
B = 1/3 x ½ =1/6
Exceptions:
Summary:
3. Substitution as to legitime – It is
not only fideicommissary
substitution that cannot be
established with respect to the
legitimes of compulsory heirs; all
kinds of substitutions are prohibited
in so far as legitimes are
concerned. If the testator provides
for a substitution in relation to a
legitme, the substitution is
considered as not imposed.
SECTION 4
GENERAL PROVISIONS
CONDITIONS
Exceptions:
a) If imposed by the
deceased spouse or by his
ascendants or
descendants – condition is
valid.
b) If imposed by anyone else
– condition is considered
as not written.
a. Positive:
2. Exceptions –
b. Negative:
TERMS
2. Resolutory term
Rules:
126
What is a mode?
Requisites:
Principles:
CAUCION MUCIANA
SUBSTANTIAL COMPLIANCE
What are the rules in substantial compliance?
SECTION 5. LEGITIME
What is legitime?
62
Paragraphs 4 and 5 [bracketed] are
deemed deleted by Article 165, EO No. 209 {Family Code},
and to read “illegitimate children”.
133
Thus, under the law now, there are only four (4)
groups of compulsory heirs:
63
Section 18. Succession. – In legal and
intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from
legitimate filiation. However, if the adoptee and his/her
biological parent(s) left a will, the law on testamentary
succession govern (R.A. No. 8552).
134
LC alone –
½ of the estate.
LC and SS –
1LC and SS –
LC and IC –
64
Article 172. The filiation of legitimate
children is established by any of the following:
1. The record of birth appearing in the civil
register or final judgment;
2. An admission of legitimate filiation in a
public instrument or a private handwritten
instrument and signed by the parent concerned;
In the absence of the foregoing evidence, the
legitimate filiation shall be proved by:
1. The open and continuous possession if the
status of a legitimate child; or
2. Any other means allowed by the Rules of
Court and special laws (Family Code).
Article 175. Illegitimate children may
establish their illegitimate filiation in the same way and the
same evidence as legitimate children.
The action must be brought within the same
period specified in Article 173, except when the action is
based on the second paragraph of Article 172, in which case
the action may be brought during the lifetime of the alleged
parent (Family Code).
135
1LC, IC and SS –
LP alone –
½ of the estate.
LP and IC –
LP: ½ of the estate;
IC: ¼ of the estate.
LP and SS –
LP, IC and SS –
SS alone –
SS and IC –
SS and IP –
IC alone –
½ of the estate.
IP alone –
½ of the estate.
65
Applies if free portion is sufficient,
otherwise, free portion will be divided equally. (Unless
otherwise specified by the testator, sharing in the available
free portion is equal [Article 846].
137
Illeg. Parents ¼
66
Reason:: They are not compulsory heirs.
Hence, they are not entitled to legitime. They can become
heirs only in intestat4e succession (Article 1001 and 994) or if
designated as devisees or legatees, i.e. as voluntary heirs.
138
67
Article 1347. All things which are not
outside the commerce of men, including future things, may
be the object of a contract. All rights which are not
intransmissible may also be the object of contracts.
No contract may be entered into upon
future inheritance except in cases expressly authorized by
law.
141
3 steps:
NOTES:
Summary of donations:
Exceptions –
146
c. Donation to spouse –
68
NOTE: The donations made to legitimate
parents or ascendants or to the parents of illegitimate
children should only be charged to their legitime when they
are compulsory heirs, since they are not primary compulsory
heirs but only secondary and, therefore, may not always be
compulsory heirs if there are present the primary compulsory
heirs.
147
Reservatorio
O (Origin) R (Reservista)
P (Prepositus)
152
RESERVISTA
ASCENDANT
ASCENDANT (RECEIVES BY LAW)
Notes:
154
69
Section 17. Legitimacy. – The adoptee shall be
considered the legitimate son/daughter of the adopter(s) for
all intents and purposes and as such is entitled to all the
155
They are (1) death of the reservista; and (2) the fact
that the reservatorio has survived the reservista.
70
Article 1461. Things having potential
existence may be the object of the contract of sale.
163
Illustration:
Extinguishment
SECTION 6. DISINHERITANCE
Define disinheritance
a. His legitime;
b. His intestate portion; and
c. Any other testamentary disposition made in a prior
will of the disinheriting testator.
Summary:
NOTES:
Enumeration is exclusive.
Nos. 2, 5 & 7 are the same as the grounds in Art.
919.
174
What is legacy?
What is devise?
1. Primarily – substitution;
2. Secondarily – accretion;
3. Tertiarily – intestacy.
that all the relatives involved should belong to the same line.
In other words, it is subject to the principle of preference
between lines.
Define representation.
Notes:
What is representation?
a. Legitime; and
b. Intestacy.
1. In testamentary succession:
2. In intestate succession:
1. Legitimate children/
descendants;
2. Illegitimate
children/descendants;
3. Legitimate parents/ascendants;
4. Illegitimate parents;
5. Surviving spouse;
191
a. Exclude parents,
collaterals and state.
b. They concur with
surviving spouse and
illegitimate children.
c. They are excluded by no
one.
a. Exclude illegitimate
parents, collaterals and
state
b. Concur with surviving
spouse, legitimate
children and legitimate
parents
c. They are excluded by no
one
a. Exclude collaterals in
remoter degree and the
state
b. Concur with collaterals in
the same degree
c. Are excluded by legitimate
children, illegitimate
children, legitimate
parents, illegitimate
parents, surviving spouse,
brothers and sisters, and
nephews and nieces.
(8) State.
193
a. Excludes no one
b. Concurs with no one
c. Is excluded by everyone
1. Personality property – to
municipality of last
residence
2. Real property – where
situated
2. 1 leg. Child 2. ½
1.Spouse 1. ¼ Article
1000
2. Leg. parents 2. ½
3. Illeg. Children 3. ¼
1. Spouse 1. ½ Articles
1001 & 994
2. Brothers & 2. ¼
sisters, nephews &
nieces
71
Formula: The legitimate and illegitimate children will
divide the estate in the proportion of 2:1. The surviving
spouse will be considered as one legitimate child. If due to
the number of illegitimate children, the legitimes of the
legitimate children and the spouse are impaired, the
illegitimate children will receive only what is the equivalent of
the free portion in testamentary succession.
201
2. Biological parents
Parents/ascendants – ½ of the
estate
Adopter – ½ of the estate
Define accretion
1) Predecease
2) Incapacity
3) Repudiated
I. In testamentary succession:
a. As to legitime:
i. In case of prerdecease of
an heir, there is
representation if there are
children or descendants; if
none, the other heirs
inherit in their own right.
ii. In case of incapacity of an
heir, the results are the
same as in predecease.
iii. In case of disinheritance
of an heir, the results are
204
1. A written condonation, or
2. The execution by the offended party of a will with
knowledge of the cause of unworthiness.
Consequences:
72
Article 533: “The possession of hereditary property
is deemed transmitted to the heir without interruption, and
from the moment of death of the decedent, in case the
inheritance is accepted. One who validly renounces an
inheritance is deemed never to have possessed the same.”
213
SECTION 5. COLLATION
73
Article 546, par. 1. Necessary expenses shall be
refunded to every possessor; but only the possessor in good
faith may retain the thing until he has been reimbursed
therefore.
74
Article 546, par 2. Useful expenses shall be
refunded only to the possessor in good faith with the same
right of retention, the person who has defeated him in the
possession having the option of refunding the amount of the
expenses or of paying the increase in value which the thing
may have acquired by reason thereof.
75
Article 548. Expenses for pure luxury or mere
pleasure shall not be refunded to the possessor in good faith;
but he may remove the ornaments with which he has
embellished the principal thing if it suffers no injury thereby,
and if his successor in the possession does not prefer to
refund the amount expended.
225
I. PARTITION
1. Define partition.
1) Extra-judicial – when it is
effected by the testator himself,
226
d. By will, or
e. By act inter vivos
76
Article 494, par. 1. No co-owner shall be obliged to
remain in the co-ownership. Each co-owner may demand at
any time the partition of the thing owned in common, in so
far as his share is concerned.
229
14. Where there are two or more heirs, the whole estate
of the decedent is, before its partition, owned in
common by such heirs, subject to the payment of
the debts of the deceased. (Article 1078)
Kinds of partition:
Note:
Note: This article only provides for the right over the
document. The co-heirs, however, have the right to
have the title divided into individual titles, separate
for each of the owners to correspond to the separate
portions held by them respectively.
26. What is the right of the heirs who pay for the
insolvent heir?
77
Article 501. Every co-owner shall, after partition, be
liable for defects of title and quality of the portion assigned to
each of the co-owners.
234
Exceptions:
236
36. What are the options of the heir who is sued for
rescission?