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LEILANIE YANGYANG-ESPEJO
ATENEO DE DAVAO UNIVERSITY
Wills and 1ST EXAM COVERAGE
Class Transcription
College of Law
Succession III – Manresa 2019
Sept 23 Part 1 – Claros, EJ You cannot say that in OBLICON, in fact, the condition is made part
of the consideration in an obligation. If a consideration is affected
IMPOSSIBLE OR ILLEGAL CONDITIONS by impossibility or illegality it will affect the very existence of the
obligation. There's nothing else that will support the obligation as a
What is the effect if the institution is subject to an impossible consideration. That's why in OBLICON, if there's a condition which
condition? is impossible or illegal, the conditional obligation shall be void.
ARTICLE 873. Impossible conditions and those contrary to law or So, that's the distinction.
good customs shall be considered as not imposed and shall in no
manner prejudice the heir, even if the testator should otherwise Discussed by LCYE
provide. MICIANO V. BRIMO
50 PHIL 867 November 1, 1927
There are 2 conditions mentioned in Art. 873:
1. Impossible Condition FACTS: He made some partition in his estate, and then he made a
2. Those contrary to law / illegal conditions provision na: ―the disposition shall be governed by the Philippine
law, not by his national law, he was Turkish; of course, this cannot
Now, the impossibility here it could be before or after the death of be given effect.
the testator for as long as it is impossible. It remains to be impossible
of performance. The law says if the institution is subject to Even if the testator says na, ―if my heirs oppose this directive—
impossible condition, it would be considered as not imposed. that my estate shall be distributed in accordance with Philippine
Therefore, just disregard the impossible condition or the illegal Law—the heirs will forfeit their inheritance, so ang imohang
condition and then give effect to the institution. institution of the heirs is subject to a condition nga dili nila i-oppose
ang provision sa imohang will,
Example: Impossible Condition
ISSUE: Now, if an heir opposes that provision, will he forfeit?
I would give this parcel of land to A, if A will become beautiful.
What if pangit jud sya? Physically impossible. Will A get the RULING: No, because that condition is illegal. Article 16 of the Civil
inheritance? Code expressly provides that the intrinsic validity of the
Well, A can invoke Art. 873. That (condition) will be considered as testamentary provision shall be governed by the national law of the
not imposed. decedent. So, that is actually an illegal condition. It will be
considered as not written, and of course, the institution of [heirs/]
the legatee shall be valid .
Example: Illegal Condition
The condition not to do an impossible thing shall be considered as What is the rule with respect to a condition not to marry or remarry?
not having been agreed upon. (1116a)
Example: ―I hereby give 10M if you will not marry, or will not
So, if you remember your OBLICON, when the obligation is subject remarry.
to impossible condition, it's not only the condition which annulled it
is also the oblicgation. Therefore, there is no such obligation. Q: Is that valid?
Why is it in OBLICON we don't just disregard the condition just GENERAL RULE: No, as general rule it is illegal.
like in Succession, considered as not written?
Why? -Because it encourages people to enter into illicit
In Succession, the consideration for the institution is the relationships. Is it wrong? Is it wrong to engage in illicit relationship?
generousity or liberality of the testator. Therefore, we can just That's not what the law says. Even if you disagree, our society
disregard that condition. Because there is something to support the symbolizes Marriage as the foundation of the family.
institution. There is a consideration, which is the liberality of the
testator. So here, if you will say, I will not marry. No problem! Mag live-in
nalang ko. So that's why it is not allowed. Although here, the law
In OBLICON, what is the consideration? Is it gratuitous? or says: Not to have first or subsequent marriage.
Onerous? -Onerous
Therefore, if there is an obligation, which is subject to a condition,
you cannot say that we just disregard the condition because the
underlying consideration is the generousity or liberality of the
creditor.
Palma-Gil | Rosal | Cagas | Flores | Latorza | Du | Sioson | Alba | Puerin | Claros | Lape |
Piodos | Tan N.
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ATTY. LEILANIE YANGYANG-ESPEJO
ATENEO DE DAVAO UNIVERSITY
Wills and 1ST EXAM COVERAGE
Class Transcription
College of Law
Succession III – Manresa 2019
How about I will give you 10M if you will not marry X? Is it valid?
Does if fall under the prohibition?
DISPOSITION CAPTATORIA
A: Here we have acts of prohibition are not to Marry or not to
remarry. So, that's different. Malay mo, dili ganahan si testator kay ARTICLE 875. Any disposition made upon the condition that the
X. So it's his property naman. He can impose conditions so long as heir shall make some provision in his will in favor of the testator or
the conditions are not prohibited under the law. of any other person shall be void. (794a)
Are you familiar with this provision? We discussed this before. This
EXCEPTION: If such condition has been imposed on the widow by is what we call DISPOSITION CAPTATORIA.
the widow‘s spouse/ widow or widower by the deceased spouse, or
by the latter‘s ascendants or descendants. So, I will give to A a parcel of land, provided that A will also give to
me a car.
Example: A and B are spouses. so there is a condition. It's not actually purely out of liberality
because you expect something in return.
B —wife, A —husband,
It violates the basic or essential requisite of a will that it should be
A in his will mentioned, ―I hereby give to B a parcel of land [so UNILATERAL.
devise] subject to the condition that my wife will not re-marry.‖
Condition: If you will re-marry you will forfeit that land. Here, the disposition becomes bilateral.
That is valid. Now the bilateral disposition here must appear in the will itself.
Because for example, A made will. In his will he said I give to B 1
hectare agricultural land.
The same thing if a parent ni A ang naghatag of land kay B. And then B in his will also says, I give to A my house and lot in
I will give you a parcel of land provided that you not remarry if Bolton st. Davao City.
my son, A dies.
What kind of will we have here? It's what we call a reciprocal or twin
-That is a valid condition. Why? For sentimental reasons. will. Are these wills valid? Yes, they are not prohibited. They are not
The family is allowed to keep the property within their line. joint wills and they do not constitute Dispostion Captatoria.
For example the husband, what's the reason nganong pwede nya i- What if in secret nagsabot si A og si B na tagaan tka sa akoang lang
prohibit? ha basta tagae ko sa imung house and lot. So mao na ilahang sabot.
-Mamatay sya, syimpre makuha na ni B ang property and if Would that will be valid? -Yes. Because for it to be considered a
mamatay na si A, B is allowed to remarry. disposition captatoria, the bilateral disposition must appear in the
If B will remarry, the very same property from the deceased spouse will itself.
will now form part of the absolute community or the conjugal Here we just have a case of a twin will or a reciprocal will.
partnership of gains with the new spouse. So swerte kaayo si new
spouse. Gikan sa previous one, by reason of marriage maadto to sa
lain. So, pwede sya. The law says, the decease spouse or the family POTESTATIVE CONDITION
of the decease spouse can actually impose a condition not marry or
remarry. Otherwise, the surviving spouse will forfeit the inheritance.
ARTICLE 876. Any purely potestative condition imposed upon an
heir must be fulfilled by him as soon as he learns of the testator‘s
death.
"Right of usufruct, or an allowance or some personal prestation may This rule shall not apply when the condition, already complied with,
be devised or bequeathed to any person for the time during which cannot be fulfilled again. (795a)
he or she should remain unmarried or in widowhood."
The law says it can be given, devised or bequethed for the time What is a potestative condition? -Going back to OBLICON, it is a
during which he/she is unmarried. Meaning that usufruct, that condition where it is purely dependent upon the will of either
allowance can already be enjoyed by the spouse, the surviving party. Whether the debtor or the creditor.
spouse. So if he/she remarry then he/she will forfeit the usufruct or
allowance. Actually it's not only the spouse but anyone. Are potestative conditions imposed in obligations, valid? Yes, as
long as it is not potestative and suspensive on the part of the debtor.
So, I will give you the usufruct over this property but when you Why? Because if it is potestative, suspensive on the part of the
marry, you will forfeit. So that is not considered as prohibited. debtor chances are the debtor will not fulfill that condition. Nobody
Because the person already enjoys the property in the first place. wants an obligation.
So he has already benefited from that property. He can just choose
whether to marry or to continue to receive or benefit from the Example: I will pay you 10M if I will decide to cut my hair. Well,
property. surely, most probably, the debtor will not cut down his har. Bahalag
unsa na na kataas diha basta dili lang sya kabayad og 10M. So it
tends to make the obligation illusory, that's why it also makes the
conditional obligation void.
Palma-Gil | Rosal | Cagas | Flores | Latorza | Du | Sioson | Alba | Puerin | Claros | Lape |
Piodos | Tan N.
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ATTY. LEILANIE YANGYANG-ESPEJO
ATENEO DE DAVAO UNIVERSITY
Wills and 1ST EXAM COVERAGE
Class Transcription
College of Law
Succession III – Manresa 2019
what of the dies, 6 months after the death of the testator? Will he
have rights? -Yes!
That is provided under Art. 878. It says, it does not prevent the
instituted heir from acquiring his rights and transmitting them to his
heirs even before the arrival of the term.
Another Example:
Year 2000 - Death of the testator
Will - 2M shall be given to A 2 years after the death of the testator -
- This is a period, the 2 years.
What if 6 months after the death of the testator, A died. What are
the rights of A? Because A already died, after 2 years (the period
provided for) his heirs will get the 2M.
-This is different because the heir did not predecease the testator.
He survived the testator, although he died before the expiration of
the term. So naa najud syay right. Which was vested from the
moment of the death of the testator and when the he (heir) died that
right pass on to his own heirs. So it is not the right of representation.
Palma-Gil | Rosal | Cagas | Flores | Latorza | Du | Sioson | Alba | Puerin | Claros | Lape |
Piodos | Tan N.
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