Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

Table 1. VALIDITY AND EFFECT OF LEGACY
VALIDITY AND EFFECT OF LEGACY
Thing owned in part by testator
General Rule: Conveys only interest or part owned by
testator
(Art. 929)

Thing owned by another

(Arts. 930-931)

Exception: if testator otherwise provides

1. He may convey more than what he owns - the state
should try to acquire the part or interest owned by other
parties. If other parties are unwilling to alienate, the
estate should give the legatee/devisee the monetary
equivalent (analogy with Article 931)
2. He may convey less than what he owns (Article 794)
General Rule:
1. If testator ordered acquisition of the thing - the
order should be complied with. If the owner is unwilling
to part with the thing, the legatee/devisee should be
given the monetary equivalent
2.

If testator erroneously believed that the thing

belonged to him - legacy/device is void
Exception: if testator acquire the thing onerously or
gratuitously after making of the disposition, disposition
is validated

3.

Thing already owned to the

legatee/devisee (Arts 932-933)

1.

2.

If testator knew that the thing did not belong to him

but did not order its acquisition - code is silent but
disposition should be considered valid - there is an
implied order to acquire and doubts must be resolved
in favor of intestacy
If thing already belonged to legatee/devisee at time
of execution of will legacy/devise is void
If thing was owned by another person at time of
making the will and thereafter it is acquired by
legatee/devisee:
a. If testator erroneously believed that he owned the
thing legacy /devise is void
b. If testator was not in error
i.
If thing was acquired onerously by L/D
L/D entitled to be reimbursed
ii.
If thing was acquired gratuitously by L/D
nothing is due

3.

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encumbrance
a thing
belonging to testator (Art 932
par 2)
Legacy/Devise of a thing
pledged or mortgaged (Article
934)

If thing was owned by testator at time will was made

and L/D acquired the thing from him thereafter law is
silent
*Balane L/D deemed revoked
*Tolentino no intention to revoke (BUT if the testator
has not alienated the thing directly to the L/D, but to a
rd
3 person and the former just acquired it from the
latter, there is an intention to revoke)
Valid, if the encumbrance can be removed for a
consideration

The encumbrance must be removed by paying the debt

unless the testator intended otherwise

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ATENEO CENTRAL BAR OPERATIONS 2007
Table 2. RULES OF EXCLUSION AND CONCURRENCE
Intestate Heir
Legitimate children and
Legitimate descendants
Illegitimate children and
Descendants

Legitimate parents and

legitimate ascendants
Illegitimate parents

Surviving spouse

Siblings, nephews nieces

EXCLUDES
Ascendants,
collaterals and
state
Illegitimate
parents,
collaterals and
state
Collaterals and
state
Collaterals and
state

Collaterals
other than
siblings,
nephews and
nieces
All other
collaterals and
state

Other collaterals within 5th

degree

Collateral
remoter in
degree and
state

State

No one

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EXCLUDED BY
No one

CONCURS WITH
Surviving spouse
Illegitimate children

No one

Surviving spouse
Legitimate children
and legitimate parents

Legitimate
children
Legitimate
children and
illegitimate
children
No one

Illegitimate children
and surviving spouse
Surviving spouse

Legitimate
children,
illegitimate
children,
Legitimate
parents and
illegitimate
parents
Legitimate
children
Illegitimate
children
Legitimate
parents
Illegitimate
parents and
Surviving
spouse
Everyone

Legitimate children
Illegitimate children
Legitimate parents
and Illegitimate
parents
Surviving spouse

Collaterals in the
same degree

No one

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Table 3. SUMMARY OF INTESTATE SHARES
Legitimate Children and Legitimate Descendants Alone
Intestate Heir
Legitimate
children
TOTAL

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

One Legitimate Child and Surviving Spouse

Intestate Heir
Legitimate child
Surviving spouse
TOTAL

SHARE AS
LEGITIME

Legitimate Children and Surviving Spouse

Intestate Heir

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL
Remaining
portion of estate
after paying
legitimes

Surviving spouse

Same as share
of @ legitimate
child

TOTAL

Varies on no. of
children

Legitimes to be
divided equally
between total no.
of children plus
the surviving
spouse
Varies on no. of
children

Legitimate
children

TOTAL INTESTATE
SHARE
Whole estate
divided equally
between total
number of
children plus the
surviving spouse
No. of children
plus the surviving
spouse (see
above)

Legitimate Children and Illegitimate Children

Intestate Heir

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL
Remaining portion
of estate after
paying legitimes

Illegitimate
children

share of @
legitimate child

TOTAL

Varies on no. of
children

Legitimes to be
divided by the
ratio of 2 for @
legitimate child, 1
for @ illegitimate
child
Varies on no. of
children

Legitimate
children

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TOTAL INTESTATE
SHARE
Whole estate
divided by the
ratio of 2:1 for
each legitimate
child as compared
to the illegitimate
child
1 for @
illegitimate child
provided that
legitimes wouldnt
be impaired

One Legitimate Child, Illegitimate Child, and Surviving Spouse

Intestate Heir
Legitimate child

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL
Remaining
portion of estate
after paying

TOTAL INTESTATE
SHARE
Whole estate
divided by the
ratio of 2 @

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Illegitimate child

share of @
legitimate child

Surviving spouse

TOTAL

Varies depending
on no. of
illegitimate
children

legitimes to be
divided by the
ratio of 2:1 for @
legitimate child
and @
illegitimate child,
respectively
1 for @
illegitimate child
(see above)
Same share as a
legitimate child
Varies depending
on no. of
illegitimate
children

legitimate child

1 for @
illegitimate child
Legitimes
wouldnt be
impaired
1

Legitimate Children, Illegitimate Children and Surviving Spouse

Intestate Heir

Illegitimate
children

share of @ legit
child

Surviving spouse

TOTAL

Varies depending
on no. of
illegitimate
children

SHARE AS FREE
DISPOSAL
Remaining portion
of estate, if any
after paying
legitimes to be
divided by the
ratio of 2 for @
legitimate child
1 for @
illegitimate child
(see above)
Same share as a
legitimate child,
provided legitimes
are not impaired
Varies depending
on no. of
illegitimate
children

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

Legitimate
children

SHARE AS
LEGITIME

TOTAL INTESTATE
SHARE
Whole estate
divided by the
ratio of 2:1 for @
legitimate child
and illegitimate
child respectively
1 for @
illegitimate child
(see above)
Same share as a
legitimate child,
provided legitimes
are not impaired
1

Legitimate Parents Alone

Intestate Heir
Legitimate
parents
TOTAL

Legitimate Parents and Illegitimate Children

Intestate Heir
Legitimate parents
Illegitimate
children
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TOTAL
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Legitimate Parents and Surviving Spouse

Intestate Heir
Legitimate
parents
Surviving spouse
TOTAL

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Legitimate Parents, Surviving Spouse and Illegitimate Children
Intestate Heir

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

1/8

1/8

7/8

1/8

SHARE AS
LEGITIME
1/3

SHARE AS FREE
DISPOSAL
1/6

TOTAL INTESTATE
SHARE

1/3
2/3

1/6
1/3

Intestate Heir

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

Surviving spouse

or 1/3

or 1/3

TOTAL

or 1/3

or 1/3

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

Legitimate
parents
Surviving spouse
Illegitimate
children
TOTAL

Illegitimate Children and Surviving Spouse

Intestate Heir
Illegitimate
children
Surviving spouse
TOTAL

Surviving Spouse

Illegitimate Parents Alone

Intestate Heir
Illegitimate
parents
TOTAL

Illegitimate Parents and Surviving Spouse

Intestate Heir
Illegitimate
parents
Surviving spouse

SHARE AS
LEGITIME

SHARE AS
LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

TOTAL

Siblings, Nephews and Nieces Alone

Intestate Heir
Siblings,
nephews, nieces
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Surviving Spouse, Siblings, Nephews and Nieces

Intestate Heir
Surviving spouse
Siblings,
nephews, nieces
TOTAL

SHARE AS
LEGITIME

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ATENEO CENTRAL BAR OPERATIONS 2007
Table 4. IMPORTANT PERIODS TO REMEMBER:

PERIODS TO REMEMBER ON PARTITION

1 month or less before Testator, if publicly known to be
making a will
insane, burden of proof is on the one
claiming validity of the will
20 years
Maximum period testator can prohibit
alienation of dispositions
5 years from delivery to To claim property escheated to the
the State
State
1 month
To report knowledge of violent death of
decedent lest he be considered
unworthy
5 years from the time Action for declaration of incapacity &
disqualified person took for recovery of the inheritance, devise
possession
or legacy
30 days from issuance of Must signify acceptance/repudiation
order of distribution
otherwise, deemed accepted
1 month form written Right to repurchase hereditary rights
notice of sale
sold to a stranger by a co-heir
10 years
To enforce warranty of title/quality of
property adjudicated to co-heir from
the time right of action accrues
5 years from partition
To enforce warranty of solvency of
debtor of the estate at the time
partition is made
4 years form partition
Action for rescission of partition on
account of lesion

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