BALANE

NOTES 2018 | ATENEO LAW REVIEW CLASS ON SUCCESSION

SUCCESSION 4. There is no representation in the ascending

line. This is a rule with no exceptions.
Representation descends.
Art 777 The rights to the succession are
transmitted from the moment of death of the Illustration
decedent.
X

Uson v del Rosario
As between an estranged legal spouse and a A (+) B (+)

beloved common-law wife, it is the former who
has the right of succession. A1 (+) A2 B1 B2
Balane: if she is not legal, she is no wife :P
How much will A2, B1 and B2 inherit?
De Borja v De Borja The legitime is half of the entire estate. A gets
A surviving spouse, barring unworthiness or valid 1/4 and B gets 1/4.
disinheritance, has a successional interest Since A1 died, A2 gets the entire 1/4.
independent of the testator’s last will and B1 and B2 get 1/8 each.
testament.
GR: The basic legitime is 1/2
Bonilla v Barcena Balane: 12 of the 15 combinations involving
From the moment of death of the decedent, the legitime is 1/2, which is why 1/2 is deemed to be
heirs become the absolute owners of his the basic legitime.
property. The moment of death is the
determining factor when the heirs acquire a XPN:
definite right to the inheritance whether such (1) Art 894 – surviving spouse + illegitimate
right be pure or contingent. children, 1/3
If the testator leaves illegitimate children, the
LEGITIME surviving spouse shall be entitled to 1/3 of the
hereditary estate of the deceased and the
Art 886 Legitime is that part of the testator’s illegitimate children to another third. The
property which he cannot dispose of because remaining third shall be at the free disposal of
the law has reserved it for certain heirs who are, the testator.
therefore, called compulsory heirs.
(2) Art 900 (2) – new spouse, 1/3
Sps Joaquin v CA If the marriage between between the surviving
Prior to a testator’s death, heirs merely have an spouse and the testator was solemnized articulo
inchoate right over the former’s properties. The mortis, and the testator died within 3 months
right only ripens into a legal right only upon the from the time of the marriage, the legitime of the
testator’s death. surviving spouse as the sole heir shall be 1/3 of
the hereditary estate, except when they have
been living as husband and wife for more than 5
BALANE CHEAT CODES
years. In the latter case, the legitime of the
surviving spouse shall be that specified in Art 900
1. Nearer excludes the farther (1).
2. Division by line
3. Equal division within the line (3) Art 903 – surviving spouse + parents of
illegitimate child, 1/4 each

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… If only the widow or widower survives with Aznar v Duncan
parents of the illegitimate child, the legitime of If an illegitimate child receives a legacy, he/she is
the parents if 1/4 of the hereditary estate of the not considered preterited. Preterition refers to a
child, and that of the surviving spouse also 1/4 of complete omission from the inheritance.
the estate.
Acain v IAC
§ May adopted children inherit from their There is preterition when an adopted child is
biological parents? completely omitted from the inheritance.
Yes.
2. Those born after the will was made but
In re: adoption of Garcia before the death of the testator
The adoptee remains an intestate heir of the
biological parent. 3. Applies to the right to representation like
when a child predeceases a parent and there
SSS v Bartolome was potential preterition, and the child has
***Similar import here. THE SC ACTUALLY CITES descendants
PROFESSOR BALANE***
The term “dependent parents” should include all Illustration
parents, whether legitimate or illegitimate and
X (2018)
whether by nature or adoption.

PRETERITION A (2014) B



Preterition is the complete omission from the A1

inheritance.


The will was made in 2008, leaving half of the
Seangio v Reyes
estate to B and the other half to USC BarOps.
If a will does not contain any institution of an heir

but merely contains a disinheritance of a
In which case there is preterition of A1 because
compulsory heir, other compulsory heirs not
she was completely omitted from the
expressly disinherited should not be considered
inheritance, and not because A was preterited.
preterited. The will should be interpreted to

mean that the estate has been bequeathed to all
As to A, there is no preterition because he
compulsory heirs except those disinherited.
predeceased X.


Ureta v Ureta
JLT Agro v Balasag
Preterition is a concept of testamentary
Preterition may only be determined at the death
succession. If there is no will, there can be no
of the testator.
preterition.


§ How do you remedy preterition?
§ Who can be preterited?
Nuguid v Nuguid
1. Ascendants and descendants of the direct
Institution of an heir is annulled or set aside.
line; compulsory heirs who may be

legitimate/illegitimate
Situation

X has a compulsory heir A. He institutes Y as an

heir of half of his estate. He also leaves Php 6M

to USC BarOps. His total estate is 12M.

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not make much sense, but the law does not have
In this case there is a preterition of A. Y’s to be logical, as long as it is not unconstitutional.
institution is annulled. USC BarOps and A each
get Php 6M. RESERVA TRONCAL
REPRESENTATION
This is also called reserva familial or reserva

extra-ordinaria.
Art 902 The rights of illegitimate children set

forth in the preceding articles are transmitted
Art 891 The ascendant who inherits from his
upon their death to their descendants, whether
descendant any property which the latter may
legitimate or illegitimate.
have acquired by gratuitous title from another

ascendant, or a brother or sister, is obliged to
vis-à-vis
reserve such property as he may have acquired

by operation of law for the benefit of relatives
Art 992 An illegitimate child has no right to
who are within the third degree and who
inherit ab instato from the legitimate children
belong to the line from which said property
and relatives of his father or mother; nor shall
came.
such children or relatives inherit in the same

manner from the illegitimate child
De Papa v Camacho

The purpose of reserva troncal is to return the
Illustration
X property to the line from which it came.



Chua v CFI
A B
In order that a property may be impressed with

a reservable character, these requisites must
A1 A2 B1 B2 exist:

1. the property was acquired by a descendant

from an ascendant or from a sibling by gratuitous
B is the illegitimate child of X.
titles
A2 is the illegitimate child of A, and B2 is the

illegitimate child of B.
2. the said descendant died without an issue


§ What are the successional repercussions if A
3. the property is inherited by another ascendant
and B both predecease X?
by operation of law
1. A1 will inherit.


4. there are relatives within the third degree
2. Corpuz v Administrator
belonging to the line from which the said
A2 cannot inherit under the iron curtain
property came
provision, or the successional bar found in Art

992.
Esteban v Abellana

The parties involved in reserva troncal are:
3. B1 will inherit.
1. The person obliged to reserve is the reservoir

(reservista) – the ascendant who inherits by
4. As a child of an illegitimate child, B2 may also
operation of law property from his descendant.
inherit, as supported by Art 902.

Balane: 902 and 992 place illegitimate children
2. The persons for whom the property is
of an illegitimate child in a better position than
reserved are the reservees (reservatorios) –
illegitimate children of a legitimate child. It does

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relatives within the third degree counted from Florentino v Florentino
the descendant (propositus), and belonging to The right of the half-blood sibling is 1/2 of the
the line from which the property came. right of the full-blood sibling.

3. The propositus – the descendant who received Bacayo v Borromeo
by gratuitous title and died without issue, In intestacy, nephews and nieces exclude all
making his other ascendant inherit by operation other collaterals.
of law.
§ Can the origin and reservista belong to the
Illustration same line?
Manresa says yes. JBL Reyes says no because it
Ascendant 1 Ascendant 2 defeats the very purpose of having reserva
troncal. Balane agrees with JBL Reyes.
By gratuitous By operation of
title: law:
§ Should reservatario be blood related to the
1. succession 1. legitime
2. intestacy
origin?
2. donation
Sanchez Roman says yes. Other commentators
say otherwise. Balane agrees with Sanchez
Roman.

Child § What is the nature of reserva troncal from
the reservista’s point of view?
Arbiter of the troncal

Edroso v Sablan
Relative of Ascendant 1, within 1. It is a type of ownership subject to a resolutory
rd
3 degree of the child condition.
2. It is alienable subject to the same resolutory
All the relationships must be legitimate. condition.
3. It is registrable.
1. Ascendant 1 – origin or the mediate source;
must be a legitimate ascendant or the legitimate § What is the nature of reserva troncal from
sibling of the propositus. the reservatario’s point of view?

2. Ascendant 2 – reservor, reservista, or “another Sienes v Espacia
ascendant” as shown in Art 891. 1. It is a right of expectancy.
2. It is subject to a suspensive condition.
3. Relatives – reservatarios, must be alive when 3. It is alienable that is subject to a suspensive
reservista dies, not the propositus. condition.
4. It is registrable.
§ Who among the reservatarios receives the
property? Sumaya v CFI
Reserva troncal is an encumbrance. A
Padura v Baldovino reservatario has the following rights:
Among reservatarios, rules of intestacy operate
like in: 1. right of annotation within 90 days
2. right of security
3. right of inventory
4. right of registration

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§ When is a reserva troncal extinguished? Lopez v Lopez
1. upon the death of the reservista A certification of acknowledgment detailing the
2. upon the death of all the reservatarios during number of pages in the will cannot cure its
the life of the reservista absence from the attestation clause, moreso if
3. renunciation of all reservatarios the certification mentions the incorrect number
4. total fortuitous loss of the reserved property of pages.
5. consolidation/merger of the rights of the
reservista and reservatarios Selada v Abena
6. prescription It is fatal for the attestation clause to state the
incorrect number of pages of the will.
FORMS OF WILLS
HOLOGRAPHIC WILLS
Art 808 If the testator is blind, the will shall be
read to him twice; once, by one of the § What are the requisites for a valid
subscribing witnesses, and again, by the notary holographic will?
public before whom the will is acknowledged. 1. It must be entirely written
2. It must be dated
Garcia v Vasquez 3. It must be signed
Art 808 is mandatory. 4. It must be in the hand of the testator himself

Alvarado v Gaviola Labrador v CA
Art 808 must be liberally construed. There is A holographic will may be dated anywhere, even
substantial compliance when the lawyer who on the testamentary provisions itself.
prepared the will read it aloud in the presence of
the testator, notary public, and the witnesses, all § Where should the signature be?
of whom had a copy of the will and who followed There is no jurisprudence on this but Tolentino
the reading with their eyes/ears. and Professor Balane opine that it should be at
the end of the will.
Art 809 In the absence of bad faith, forgery, or
fraud, or undue and improper pressure and Roxas v de Jesus
influence, defects and imperfections in the form It is sufficient for the will to simply be dated with
of attestation or in the language used therein the month and year of its creation since the Code
shall not render the will invalid if it is proved does not specify that the day should be placed.
that the will was in fact executed and attested Balane: This should only be applicable when no
in substantial compliance with all the other will is presented.
requirements in Art 805.
PROBATE
Cañeda v CA

The substantial compliance rule must be limited
Art 838 No will shall pass either real or personal
to disregarding those defects that can be
property unless it is proved and allowed in
supplied by an examination of the will itself.
accordance with the Rules of Court.


Azuela v CA
The testator himself may, during his lifetime,
Failure to sign at the bottom of the clause, or
petition the court having jurisdiction for the
when the attestation clause does not contain the
allowance of his will. In such case, the pertinent
number of pages of the will, are fatal.
provisions of the Rules of Court for the

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allowance of wills after the testator’s death Balane told us to memorize these exclusive
shall govern. grounds.

The Supreme Court shall formulate such Art 818 Two or more persons cannot make a will
additional Rules of Court as may be necessary jointly, or in the same instruments, either for
for the allowance of wills their reciprocal benefit or for the benefit of a
third person.
Subject to the rights of appeal, the allowance of
the will, either during the lifetime of the Art 819 Wills, prohibited by the preceding
testator or after his death, shall be conclusive as article, executed by Filipinos in a foreign
to its due execution. country shall not be valid in the Philippines,
even thought authorized by the laws of the
Guevara v Guevara; Seangio v Reyes; Heirs of country where they may have been executed.
Lasam v Umengan
Probate is mandatory. Dela Cerna v Potot
The husband and wife executed a joint will.
Gallanosa v Arcangel When the husband died, the will was presented
Probate determines conclusively the due as his during probate and was admitted. There
execution/formal validity of the will: was no appeal, hence it became res judicata.
1. that the testator was of sound and disposing
mind (testamentary capacity) Years after, the wife died and the same will was
2. formal requirements of the document itself, presented as hers in probate. It was not admitted
such as the number of witnesses in probate court.
3. consent was not vitiated
4. genuineness of the will As to the husband’s will, it was valid as to form
because it had attained finality.
Art 839 The will shall be disallowed in any of the Balane: This is a curious decision. The only
following cases: reason the joint will was considered valid is
because it was presented as the husband’s will,
1. If the formalities required by law have not and it attained finality.
been complied with;
Art 811 In the probate of a holographic will, it
2. If the testator was insane, or otherwise shall be necessary that at least one witness who
mentally incapable of making a will, at the time knows the handwriting and signature of the
of its execution; testator explicitly declare that the will and the
signature are in the handwriting of the testator.
3. It it was executed through force or under If the will is contested, at least three of such
duress, or the influence of fear, or threats; witnesses shall be required.

5. If the signature of the testator was procured In the absence of any competent witness
by fraud; referred to in the preceding paragraph, and if
the court deemed it necessary, expert
6. If the testator acted by mistake or did not testimony may be resorted to.
intend that the instrument he signed should be
his will as the time of affixing his signature Gan v Yap
thereto. The probate of a holographic will requires the
production of the document itself. It is the

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document itself that is the material proof of its preserve and to transmit to a second heir the
authenticity. whole or part of the inheritance, shall be valid
and shall take effect, provided such substitution
Rodelas v Aranza does not go beyond one degree from the heir
A photocopy of the will suffices as material originally instituted, and provided, further, that
proof. the fiduciary or first heir and the second heir are
living at the time of the death of the testator.
§ Is Art 811 mandatory as regards the
requirement of producing 3 witnesses if the Palacios v Ramirez
will is contested? Although the Code enumerates four classes,
there are really only two principal classes of
Azaola v Singson substitutions: the simple and the
It depends on why it is being contested. If it is the fideicommissary. The others are merely
authenticity of the will that is being challenged, variations of these two.
then the presentation of 3 witnesses is required.
Otherwise it is deiscretionary. § What are the types of substitution?
1. simple/common – this is essentially the right
Codoy v Calugay to make a 2nd choice
Presentation of 3 witnesses became mandatory
because the will was contested on the ground of 2. fideicommissary – right to impose a burden on
forgery. the 1st heir
Modalities:
ACCRETION 1. compendious/brief
2. reciprocal


Accretion is a mode to fill-up a vacancy. It occurs
§ What are the requisites for a valid
when there is no substitution. It can only happen
fideicommissary?
in wills and intestacy. There is no accretion in
1. fiduciary – 1st heir
legitimes.
2. fideicommissary – 2nd heir

3. 2nd heir within 1 degree from 1st heir
Requisites:
4. PCI Bank v Escolin
1. Two or more heirs are called to the same
There is an absolute obligation to preserve and
inheritance pro indiviso; such shares need not be
transmit in a fidecommissary.
equal
5. heirs (1 and 2) must be alive and capable at the
2. One of them dies or renounces or is
time of the testator’s death.
incapacitated

§ Where does the property go when the 2nd
SUBSTITUTION heir dies after the testator?
The property goes to the heirs of the 2nd heir by
Art 859 The testator may designate one or more succession. The right to the property was already
persons to substitute the heir or heirs instituted vested to the fideicommissary at the time of the
in case such heir or heirs should die before him, testator’s death, even when it may still be held
or should not wish, or should be incapacitated by the fiduciary.
to accept the inheritance.

Art 863 A fideicommissary substitution by
virtue of which the fiduciary or first heir
instituted is entrusted with the obligation to

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§ What happens when it is the 1st heir who is
disqualified? 5. Caucion muciana – security given by the
Manresa and Justice Vitug say the property must instituted heir or his heirs for the compliance
be given directly to the 2nd heir since it is closer with the wishes of the testator and for the return
to the intent of the testator. of anything he or they may receive, together
with its fruits and interests, if he or they should
REVOCATION disregard this obligation. He or they may not
enter into possession of the property until after

having given such sufficient securiyty, Arts 882,
Art 832 A revocation made in a subsequent will
885.
shall take effect, even if the new will should

become inoperative by reason of the incapacity
6. Accretion – a right by virtue of which, when
of the heirs, devisees or legatees designated
two or more persons are called to the same
therein, or by their renunciation.
inheritance, devise or legacy, the part assigned

to the one who renounces or who cannot receive
§ What are the requisites of a valid
his share, or who died before the testator, is
revocation?
added or incorporated to that of his co-heirs, co-
Maloto v CA
devisees, or co-legatees, Art 1015.
1. corpus – destruction itself; any kind of

destruction
7. Representation – a right created by fiction of
2. animus revocandi – intent to revoke
law, by virtue of which the representative is

raised to the place and the degree of the person
Gago v Mamuyak
represented, and acquires the rights which the
Revocation is presumed when a will is not
latter would have if he were living or if he could
produced during probate.
have inherited, Art 970.

FINAL TIPS 8. Legitime – part of the testator’s property
Balane said these are definitions to know by which he cannot dispose of because the law has
heart. reserved it for certain heirs who are, therefore,
called compulsory heirs, Art 886.
1. Will – an act whereby a person is permitted,
with the formalities prescribed by law, to control 9. Codicil – a supplement or addition to a will,
to a certain degree the disposition of his estate, made after the execution of a will and annexed
to take effect after his death, Art 783. to be taken as part thereof, by which any
disposition made in the original will is explained,
2. Holographic will – a will that is entirely added to, or altered, Art 825.
written, dated and signed by the hand of the
testator himself. It is subject to no other form, 10. Heir – a person called to the succession
and may be made in or out of the Philippines, either by the provision of a will or by operation
and need not be witnessed, Art 810. of law, Art 782.

3. Inheritance – includes all the property, rights 11. Devisee – a person to whom gifts of real
and obligations of a person which are not property are given by virtue of a will, Art 782.
extinguished by his death, Art 776.
12. Legatee – a person to whom gifts of personal
4. Substitution – the appointment of another property are given by virtue of a will, Art 782.
heir so that he may enter into the inheritance in
default of the heir originally instituted, Art 857.

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13. Scriptura/ dispsición captatoria – a void testator to make a will or to change one already
disposition made upon the condition that the made;
heir shall make some provision in his will in favor 5. A refusal without justifiable cause to support
of the testator or of any any other person, Art the parent or ascendant who disinherits such
875. child or descendant;
6. Maltreatment of the testator by word or deed,
14. Acknowledgment – the act of one who has by the child or descendant;
executed a deed in going before some 7. When a child or descendant leads a
competent officer or court and declaring it to be dishonorable or disgraceful life;
his act or deed. It involves an extra step 8. Conviction of a crime which carries with it the
undertaken whereby the signatory actually penalty of civil interdiction.
declares to the notary public that the same is his
or her own free act and deed, Lee v Tambago. 3. Grounds for disinheritance of parents or
ascendants, whether legitimate or illegitimate,
These are lists to know by heart: Art 920
1. When the parents have abandoned their
1. Grounds for opposing a will, Art 839 children or induced their daughters to live a
1. If the formalities required by law have not corrupt or immoral life, or attempted against
been complied with; their virtue;
2. If the testator was insane, or otherwise 2. When the parent of ascendant has been found
mentally incapable of making a will, at the time guilty of an attempt against the life of the
of its execution; testator, his or her spouse, descendants, or
3. It it was executed through force or under ascendants;
duress, or the influence of fear, or threats; 3. When the parent of ascendant has accused the
5. If the signature of the testator was procured testator or a crime for which the law prescribes
by fraud; imprisonment for six years or more, if the
6. If the testator acted by mistake or did not accusation has been found to be false;
intend that the instrument he signed should be 4. When the parent of ascendant has been
his will as the time of affixing his signature convicted of adultery or concubinage with the
thereto. spouse of the testator;
5. When the parent of ascendant by fraud,
2. Grounds for disinheritance of children and violence, intimidation, or undue influence causes
descendants, legitimate as well as illegitimate, the testator to make a will or to change one
Art 919 already made;
1. When a child or descendant has been found 6. The loss of parental authority for causes
guilty of an attempt against the life of the specified in the Civil Code;
testator, his or her spouse, descendants, or 7. The refusal to support the children or
ascendants; descendants without justifiable cause;
2. When a child or descendant has accused the 8. An attempt by one of the parents against the
testator of a crime for which the law prescribes life of the other, unless there has been
imprisonment for six years or more, if the reconciliation between them.
accusation has been found groundless;
3. When a child or descendant has been 3. Grounds for disinheritance of a spouse, Art
convicted of adultery or concubinage with the 921
spouse of the testator; 1. When the spouse has been convicted of an
4. When a child or descendant by fraud, violence, attempt against the life of the testator, his or her
intimidation, or undue influence causes the descendants, or ascendants;

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2. When the spouse has accused the testator or according to law, there is no obligation to make
a crime for which the law prescribes an accusation;
imprisonment for six years or more, and the 5. Any person convicted of adultery of
accusation has been found to be false; concubinage with the spouse of the testator;
3. When the spouse by fraud, violence, 6. Any person who by fraud, violence,
intimidation, or undue influence causes the intimidation, or undue influence causes the
testator to make a will or to change one already testator to make a will or to change one already
made; made;
4. When the spouse has given cause for legal 7. Any person who by the same means prevents
separation; another from making a will, or from revoking one
5. When the spouse has given grounds for loss of already made, or who supplants, conceals, or
parental authority; alters the latter’s will;
6. Unjustifiable refusal to support the children of 8. Any person who falsifies or forges a supposed
the other spouse. will if that decedent.

4. Ways of revoking a will, Art 830 ~ - ~ - ~ 0 ~ - ~ - ~
1. by implication of law; or May the good hands of the Lord be upon you.//
2. by some will, codicil, or other writing executed
as provided in case or wills; or
3. by burning, tearing, cancelling, or obliterating
the will with the intention of revoking it, by the
testator himself, or by some other person in his
presence and by his express direction. If burned,
torn, cancelled, or obliterated by some other
person, without the express direction of the
testator, the will may still be established, and the
estate distributed in accordance therewith, if its
contents, and due execution, and the fact of its
unauthorized destruction, cancellation, or
obliteration are established according to the
Rules of Court.

5. Grounds of unworthiness, Art 1032
1. Parents who have abandoned their children
or induced their daughters to lead a corrupt or
immoral life, or attempted against their virtue;
2. Any person who has been convicted of an
attempt against the life of the testator, his or her
spouse, descendants, or ascendants;
3. Any person who has accused the testator of a
crime for which the law prescribes imprisonment
for six years or more, if the accusation has been
found groundless;
4. Any heir of full age who, having knowledge of
the violent death of the testator, should fail to
report it to an officer of the law within a month,
unless the authorities have already taken action;
this prohibition shall not apply to cases wherein,

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