RM Succession

Notes And Cases On SUCCESSION
Based on Lectures given by: Prof. Ruben Ba ane and Prof. Arace i Baviera Co!"i ed and Edited by Rode A. #o ina IN$RO%UC$ION
Conce"t.&& Succession is the last mode of acquiring ownership. It is an independent mode of acquiring ownership. Re'uisites of Succession: (1) Death of the predecessor; (2) Existence and capacit of the successor; (!) "ro#ision of the law or pro#ision of a will granting the right of succession; ($) %cceptance & the successor. (: Is tradition )de ivery* re'uired for o+ners,i" to transfer%' (o. )wnership is transferred & succession* not & an other mode. Ety!o ogy.&& Succession is deri#ed from 2 +atin words' sub* meaning under (e.g.* an underling* a su&ordinate* if a plane tra#els at a su&sonic speed or fl &elow opposite,, su&sonic) and cedere* meaning to gi#e* to pass. Succession* therefore* is a passing under. It gi#es the idea of the nature of succession as originated from -oman +aw. .h do the -omans call it a passing under/ 0ec. of the fiction in -oman +aw that a personalit occupies a space* that is* a legal personalit is permanent. % permanent fixture &ut the occupant will go awa . %nd it is the successor who will occup the space ou left #acant. 1here is alwa s what ou call personalitas. 2Sound through2 li3e a pla * where ou wear a mas3* and the one &ehind the curtain is sounding through. that is* some&od is reall tal3ing &ehind ou. 1his* & analog is* succession. Persona means 2 ou*2 the character. Personalita or personalit w4c is alwa s there* and there is or there will alwa s &e an occupant* who comes and goes; it ma change the character* the person passes under. .hat is &ehind all this/ "ersonalit ne#er dies. .e are &ut dust and shadows &ased on the realit of death. .h do we ha#e to de#ise this fiction/ .h the law on succession/ 1he +aw on succession has #arious underpinnings in -oman +aw* that is* first* the #ague idea of after life* li3e the ideas of 5orace ,, state of good in the Elipian fields; second* that the law de#elops &ased on conditions of societ . )ne of the most &asic desire of man is the desire for immortalit . 5ow* .hen* 1o .hom* In .hat proportion are the transmitted ,, Succession. 0%SIS )6 15E +%. )( S788ESSI)(' 1. Succession pro#ides the #ehicle for satisf ing our earning and longing for immortalit . It satisfies or consoles ourself that something in ou li#es fore#er and this is our personalit . )thers usuall lea#e something li3e paintings* &oo3 of poems* statue so that the will &e
Notes and Cases on SUCCESSION

8ompiled and Edited & -%9
remem&ered fore#er* e.g.* 5orace & Sha3espeare. 2. 8oncept of pater familias. Diligence of pater familias. Pater familias means head of the famil . 1he &asic unit of -oman societ . It is he who managed and exercised authorit o#er his children* a&solute control o#er his wife. In -oman law* a man:s wife is his child. It is he who is the guardian of the famil gods. It is a position that must &e occupied e#er time. It is unthin3a&le to &e otherwise. )nce he dies* it is a&solutel necessar not onl in religion that he is to &e replaced immediatel . 1his is indispensa&le. 1hese underpinnings are gone now. 1oda * succession is nothing &ut a mode of acquiring ownership. .h / 0ecause ou do not ha#e the fiction to ha#e succession* &ec. of the spread of 8hristianit w4c too3 the place of those earnings that it is &elie#ing in ;od and life after death. (o more earnings for immortalit * unless ou do not &elie#e in the teachings of 8hristianit . %lso* the concept of pater familias is no longer applica&le &ec. of parental authorit w4c restricted the authorit of the head of the famil . .e no longer ha#e sla#es* a&solute control o#er children* etc. 0ut old &eliefs do not die easil . Some pro#isions of the law on succession are influenced & these underpinnings. +i3e* 2heirs are the continuation of the personalit of the decedent.2 %nother is' when a condition is imposed upon the su&stitute* does the su&stitute ha#e to fulfill the condition/ %ll of these are residual elements of -oman +aw. %efinition of Succession.&& Succession in a <uridical sense is the su&stitution of one person for another in a determina&le relationship or a su&rogation of one person & another in a <uridical situation. (9anresa.) Succession is the su&stitution of a person to the determina&le legal relationship of another. (8astan.) 8astan:s definition is &etter. (0alane.) P.ILIPPINE LA/ ON SUCCESSION )Based on t,e ecture given by 0BL Reyes.* E#er person during his lifetime is at the center of a num&er of <uridical relation flowing from personalit . Some of these legal relations are permanent* some are transitor . Some of these relations are' paternit and filiation* marriage and maternit * mem&ership of the &ar* student of 7"* etc.* w4c other persons do not ha#e. 1here are transitor relations* and examples of these are one when &ought a &ottle of 8o3e; lease of an apartment unit; a mortgage; a contract of partnership; when one rides a &us* etc. .hen a person dies* personalit is extinguished. Some of these <uridical relations will die w4 ou,, intuitu personae-- SSS* ;SIS,, if the die w4 ou* no pro&lem. &ut some of them sur#i#e* e.g.* land* sa a thousand hectares. If it is onl a &all pen left & the decedent* it is not a &ig pro&lem. 0ut what if the decedent left a &ig tract of land* or there is a contract of sale w4c transfers ownership &et. the decedent and third parties. =ou ha#e to set a de#ise. =ou can not lea#e them hanging in the air. =ou ha#e to de#ise a set of rules to determine the how* when* to whom* to what extent these rights will &e transmitted. 1he law w4c go#erns them is succession. %nd that is all on succession* e#er thing is footnotes. %I11EREN$ 2IN%S O1 SUCCESSION %. 0 the moment of transmission'
"%;E 2

1. mortis causa-- ta3es place & #irtue of death 2. inter vivos-- ta3es place independentl of death during the lifetime of the parties (now called Donation inter vivos.) 0. Extent of rights in#ol#ed' 1. Universal,, this is #er catch , it in#ol#es the entire estate or fractional or aliquot or undi#ided part of the estate* e.g.* I gi#e ou 142 of m estate. 2. Particular/ partial.,, succession to specific items a. legac ,, specific personal prop.* e.g.* I gi#e ou m car &. de#ise,, specific real prop.* e.g.* I gi#e to ; m fishpond in +aguna. 8. %s to cause' 1. Compulsory.,, that effected & operation of law to forced heirs e#en if not in a will; succession to the reser#ed portion4 legitime 2. Testamentary.-- & will !. Intestate or legal.-- succession in default of a will; su&ordinate to testamentar succession $. Mixed.,, com&ination of the a&o#e. >. Contractual.,, E.g.* donation propter nuptias & one to another of future prop. w4c ta3es effect after death. .h contractual/ 0ec. of the transfer of prop. is not & #irtue of a will &ut & contract. So it is go#erned & the law on contracts. 5ence* it must &e go#erned & the Statute of 6rauds. It must &e in writing to &e enforcea&le. D. %s to parties to succession' 1. Decedent* transferor* causante, acutor, de cuius 2. Successor* transferee* causa abiente E. %s to terms' 1. 1estator.,, decedent left a will 2. Intestate.,, decedent did not lea#e a will !. 5eir.,, one who succeeds & uni#ersal title or to a share of the estate $. De#isee.,, one who succeeds & particular title to real prop. >. +egatee.,, one who succeeds to a specific personal prop. E e!ents of Succession )#anresa.*: 1. 8hange of su&<ect (cambio de su eto.),, ownership is transferred from deceased to heir (su&<ecti#e change.) 2. Identit of )&<ect (identidad de ob!ecto),, same prop. is in#ol#ed* onl the owner is changed. 1he right is the same (o&<ecti#e identit .) I!"ortant Princi" es of Succession )+,ic, "er!eates t,e entirety of Succession*: 1. Mortis Causa.--Succession can not ta3e place while the owner is ali#e. 1he heir4 successor has a mere expectanc right to the prop. of the decedent* during the lifetime of the latter. 2. Interest of the famil ma o#erride the will of the decedent &ec. of compulsor heirs. 1here is a legitime reser#ed for the famil . % will cannot impair the legitime. !. 1he estate passes or de#ol#es to the famil unless the decedent expressl orders otherwise in a will. 6amil co#ers spouse* ascendants* descendants* and collateral relati#es.
"%;E !

$. 1he famil can not &e entirel depri#ed of the estate &ec. of the s stem of legitime. >. .ithin the famil * heirs of equal degree4 proximit inherit in equal shares. "resumption of equalit . 1his is onl the general rule. 1here are exceptions. ?. 1he State has a share in the inheritance through taxes. @. 1he heirs are not lia&le for the de&ts of the estate &e ond their share in the inheritance. Estate is lia&le for the de&ts left & the decedent. De&ts are to &e deducted &efore the heirs can get their shares. "rocedure' 8ollect all assets* deduct de&ts* then partition the shares. 7p to what extent/ 7p to all its assets. If the estate is Aero &alance* the heirs get nothing. 7nder the modern ci#il law* if the decedent left more de&ts than assets* it will not change or affect our status an wa * &ut not w4 the decedent:s creditors,, the ha#e to &eware,, caveat creditor. Basis of t,e La+ on Succession.&& Some sa it is the law on propert w4c seems to &e the &asic attitude of the 8ode. )thers sa succession is a law on persons &ec. of the compulsor heirs. 5ow can ou explain that/ Is there some lin3 &et. the law on succession and propert / 1here is. 8astan said that law on succession is &oth law on persons and propert . 5owe#er* in a pure testamentar succession* the law on persons do not come to pla . Sa * a will gi#ing 7" a propert . 1his is more on the law of propert . 1his is the ecclectic theor of 8astan. #a3or C,anges in t,e Ne+ Civi Code on Succession: 1. %llowance of holographic wills (%rt. B1C.) It gi#es greater freedom to the decedent to choose in what form he can dispose & will his estate. 5olographic will is not a no#elt &ut a re#i#al. 1his was allowed in the Spanish times &ut was a&rogated during the %merican regime. It was onl restored under the (88. 2. Impro#ement in the successional position of the sur#i#ing spouse. 7nder the )88* the sur#i#ing spouse had a right of usufruct onl . 7nder the (88* the sur#i#ing spouse is gi#en full ownership and is a compulsor heir. 1he share is #aria&le that it is so &ewildering. !. %&olition of the right of me!ora or &etterment (the right of the parent to gi#e a child more than the other.) 1his is &asicall a portion of the legitime* 14!. 6reedom is gi#en to the testator as to who among his children he will gi#e the 14!. 1his s stem was ne#er utiliAed &ec. it was ne#er understood & the people. $. %&olition of the reservas and reversiones. 1he (88 restored reserva troncal, reversion adoptiva (under "D ?C!.) >. ;ranting successional rights to4 for spurious children,, illegitimate other than natural. 1his is one of the re#olutionar changes in the (88. 7nder the )88 onl legitimate children ha#e successional rights. (88 li&eraliAed it & granting successional rights to spurious children. ?. ;reater facilit in the pro&ate of wills. .h / 0ec. of the allowance of ante mortem pro&ate* that is* during the lifetime of the testator. (ow* pro&ate ma &e post-mortem or ante mortem. @. 1he application of the prohi&ition outlined in %rt. @!D to succession. this is & #irtue of %rt. 1C!B. %rt. @!D pro#ides that'
Artic e 456. $,e fo o+ing donations s,a be void: )7* $,ose !ade bet+een "ersons +,o +ere gui ty of adu tery or concubinage at t,e ti!e of t,e donation8 )9* $,ose !ade bet+een "ersons found gui ty of t,e sa!e cri!ina offense: in consideration t,ereof8 )5* $,ose !ade to a "ub ic officer or ,is +ife: descendants and ascendants: by reason of ,is office.
"%;E $

8ompiled and Edited & -%9 In t,e case referred to in No. 7: t,e action for dec aration of nu ity !ay be broug,t by t,e s"ouse of t,e donor or donee8 and t,e gui t of t,e donor and donee !ay be "roved by "re"onderance of evidence in t,e sa!e action.
B. Increase of the free portion,, corollar to the a&olition of the me!ora D. +imitation of the fideicommisar su&stitution to one degree (&efore* two degrees) 1C. Intestate succession is narrowed from sixth degree to fifth degree. 11. %&olition of the institution under pupilar and e!emplar (su&stitution.) 12. %llowance of lifetime pro&ate.
Areas in Succession Affected by t,e A!erican Code: 1. 2. !. $. >. ?. @. -ules in interpretation.,, %rts. @BB,@D2 -ules on formal requirements of a will.,, %rts. BC$,BCD -ules go#erning witnesses to wills.,, %rts. B2C,B2$ -ules on repu&lication and re#i#al of wills.,, %rts. B!>,B!? -ules on re#ocation.,, %rts. B2D,B!1 -ules on allowance and disallowance of wills.,, %rts. B!B,B!D -ules on 1estamentar capacit .
8hapter 1 ;ENERAL PRO<ISIONS Art. 44=. Succession is a !ode of ac'uisition by virtue of +,ic, t,e "ro"erty: rig,ts and ob igations to t,e e>tent of t,e va ue of t,e in,eritance of a "erson are trans!itted t,roug, ,is deat, to anot,er or ot,ers eit,er by ,is +i or by o"eration of a+. 0alane' 7. Succession is a !ode of ac'uisition.&& "ropert * rights* and o&ligations are transmitted; those w4c are not extinguished & death of the decedent is inheritance. Succession is &ut a process of transmission. Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or & operation of law. 9. $+o e e!ents of Succession.&& (1) identit of o&<ects; (2) change of su&<ects. 5. Ru e.&& 1he estate of the decedent pa s for the o&ligations of the decedent. .hat is left is gi#en to the heirs. =. Connect Art. 44= +? Art. 44@: su"ra. 6or mone de&ts' If not paid in settlement proceedings* heirs could &e lia&le to the extent
"%;E >

of what the recei#ed 6or o&ligations' E.g.* lessee,lessor,, possession is transmitted to the heirs.
o&ligation to 3eep the lessee in the peaceful
A. Pro"erty and Rig,ts& "assed on to the decedent:s successors @. Ob igations: a. #onetary.&& ;eneral rule' 1he estate pa s for them &efore the estate is partitioned Exception' %l#areA case. "redecessor fraudulentl disposed of the prop. during litigation. S8 held that heirs cannot escape lia&ilit for their father:s transactions w4c ga#e wa to this claim for damages. E#en though the did not inherit the prop.* the monetar equi#alent thereof was de#ol#ed into the mass of the estate w4c the heirs inherited. 5ereditar estates are alwa s lia&le in their totalit for the pa ments of the de&ts of the estate. .hate#er pa ment made & the estate is ultimatel a pa ment & the heirs &ec. these pa ments decrease their inheritance. b. Non&!onetary.&& 1ransmitted to the heirs. Art. 44A. In t,is $it e: BdecedentB is t,e genera ter! a"" ied to t,e "erson +,ose "ro"erty is trans!itted t,roug, succession: +,et,er or not ,e eft a +i . If ,e eft a +i : ,e is ca ed t,e testator. 0alane' E#er testator is a decedent &ut not all decedents are testators. 7nder the %merican s stem* a decedent who did not lea#e a will is called 2intestate.2 0ut this is not true in the "hils. Art. 44@. $,e in,eritance inc udes a t,e "ro"erty: rig,ts and ob igations of a "erson +,ic, are not e>tinguis,ed by ,is deat,. 0alane' 1ransmissi&le propert * rights and o&ligations constitute inheritance. ;uide ines on +,et,er rig,ts? ob igations are e>tinguis,ed by deat,: 1. "ropert * rights and o&ligations which are purel personal are extinguished & the death of the decedent. 1he are not part of the inheritance* e.g.* mem&ership in the &ar or right of consortium w4 our wife. 2. 1hose w4c are purel patrimonial. ;eneral rule' 1he form part of the inheritance* e.g.* credits. Exception' 9one de&ts.,, o&ligation to pa is not transmissi&le* although purel patrimonial &ec. the estate pa s for it. !. 1hose o&ligations transmitted to the heirs w4c are not monetar * e.g.* o&ligation of a lessor,, patrimonial. 0 leased to 8 a parcel of land for a term of ! ears. %fter 2 ears* 0 died. 1he heirs of 0 are &ound & the lease contract. )&ligation as lessee and &ailee are transmissi&le. Art. 444. $,e rig,ts to t,e succession are trans!itted fro! t,e !o!ent of t,e deat, of t,e decedent. 0alane' 1. 1his article literall means that the 2decedent has the right to the succession which is
"%;E ?

transmitted upon his death.2 1his is illogical &ec. the decedent does not ha#e rights to the succession. 1o impro#e the pro#ision* change the words 2succession2 to 2inheritance2 (the right to succeed is an inchoate right) and the #er& 2transmitted2 to 2&ecome #ested.2 9. 1our E e!ents of Succession: 1. Death 2. .ill or )peration of law !. Existence and capacit of the successor $. %cceptance. !. 1his pro#ision is the heart and soul of succession. 1he most essential pro#ision of the law on succession. $. -ights to succession #est at the moment of death* not transmitted. 1he right should &e made effecti#e from the moment of death. 1his is so &ec. the rights to succession &efore death are mere inchoate. 0ut from the moment of death* those inchoate rights &ecome a&solute. -ights to succession are #ested from the moment of death* not upon the filing of petition for testate4 intestate proceedings* not upon the declaration of heirship or upon settlement of the estate. 1he rights to succession are automatic. 1radition or deli#er is not needed. 6iction of the law is that from the moment of the death of the decedent* the right passes to the heirs. During the lifetime of the predecessor* rights to succession are a mere expectanc . 5ence* no contract can &e legall entered into regarding the expected inheritance. .hen a heir recei#es his inheritance* he is deemed to ha#e recei#ed it at the point of death. this is so & legal fiction to a#oid confusion. >. 8%SES' 7son #. Del -osario.,, 7pon the death of the hus&and &efore the (88* the rights of the wife to the inheritance were #ested. So the rights of the illegitimate children under the (88 to inherit can not pre<udice the #ested rights of the wife. .e ha#e to appl the )88 &ec. at the time of his death* it is the )88 w4c go#erned the law on succession. 6or the determination of successional rights* the law at the point of death should &e the one applied. 0or<a #. 0or<a.,, 1he right to inherit is #ested at the moment of death. E#en if she did not 3now how much she was going to inherit* she could still dispose of her share in the inheritance. Said right to the share was hers from the moment of death and she could do whate#er she wanted w4 her share* e#en sell it. 0onilla #. 0arcena.,, =ou do not need a declaration of heirship whether testate or intestate* #oluntar * etc. 1he rights of the heirs to the prop. #est in them e#en &efore <udicial declaration of their &eing heirs in the testate proceedings. %n action to quiet title is not extinguished & the death of the decedent* it &eing a patrimonial right. 5ence* the heirs ha#e the right to &e su&stituted to the action e#en &efore their ha#ing declared as heirs. EimeneA #. 6ernandeA.,, 8arlos died in 1D!?* &efore the effecti#it of the (88. %s such* his illegitimate child cannot inherit from him. %s such* title to the land &elongs to the cousin who inherited the land w4 8arlos. .
"%;E @

Art. 44C. Succession !ay be: )7* $esta!entary8 )9* Lega or Intestate8 or )5* #i>ed. 0alane' 1. 1estamentar (%rt. @@D.),, designation of an heir in a will 2. +egal or Intestate .,, w4o a will or the will is in#alid !. 9ixed (%rt. @BC.),, partl & will and partl & operation of law $. 8ompulsor .,, Succession to the legitime & a forced heir. Art. 446. $esta!entary succession is t,at +,ic, resu ts fro! t,e designation of an ,eir: !ade in a +i e>ecuted in t,e for! "rescribed by a+. 0alane' 5eir includes de#isees and legatees. Art. 4CD. #i>ed succession is t,at effected "art y by +i and "art y by o"eration of a+. Art. 4C7. $,e in,eritance of a "erson inc udes not on y t,e "ro"erty and t,e trans!issib e rig,ts and ob igations e>isting at t,e ti!e of ,is deat,: but a so t,ose +,ic, ,ave accrued t,ereto since t,e o"ening of t,e succession. 0alane' It is &etter to scrap %rt. @B1. It has no significance. E#en w4o it* those w4c accrue after death will still &elong to the heirs. E.g.* % has a son* F. % dies in 1DBB. Inheritance is a mango plantation. In 1DDC* there is a crop. Is it part of the inheritance/ 1. %ccording to %rt. @B1* es. 1his is inconsistent w4 %rt @@@ &ec. succession occurs at the moment of death. %rt. @B1 implies a second succession. 2. +egal concept.,, (o. F owns it through accession and not succession. 6ruits are no longer part of the inheritance. It &elongs to the heir &ec. of ownership of the land he recei#ed at the moment of death. (%rt. @@@.) 1hose w4c ha#e accrued thereto after death do not comprise the inheritance &ut the accrue & #irtue of ownership (accretion.) Art. 4C9. An ,eir is a "erson ca ed to t,e succession eit,er by t,e "rovision of a +i or by o"eration of a+. %evisees and egatees are "ersons to +,o! gifts of rea and "ersona "ro"erty are res"ective y given by virtue of a +i . 0alane' 1he definitions gi#en in this article are not good. 1he definitions contained in the Spanish 8i#il 8ode were &etter. %n heir succeeds & uni#ersal title. De#isee or legatee succeeds & particular title. %ccording to 8astan* an heir is one who succeeds to the whole (uni#ersal) or aliquot part of the estate. De#isee or legatee is one who succeeds to definite* specific* and indi#idualiAed
"%;E B

properties. E.g.* I &equeathed 142 of m fishpond in "ampanga to %. Is the successor an heir* legatee or de#isee/ % de#isee* the prop. &eing a specific real prop. (: Is it i!"ortant to distinguis, bet. ,eir devisee and egatee%' 0efore* es. 1he heir inherited e#en de&ts of the decedent* e#en if it exceed the #alue of the propert . De#isees or legatees were lia&le for de&ts of the decedent onl up to the extent of the #alue of the prop. (ow* (o. Except in one instance* in case of preterition in %rt. B>$. If read carefull * institution of heir is annulled while de#ise and legac are not* so long as there is no impairment of the legitime. Art. 4C9 is not a +orEing definition.&& Someone who is a de#isee (succeeded & a particular title) can fit into the definition of an heir (succeeds to a fractional4 aliquot4 undi#ided part of the estate.) and #ice #ersa.
"%;E D

C,a"ter 9 $ES$A#EN$ARF SUCCESSION Section 7 /ILLS Subsection 7 /ILLS IN ;ENERAL Art. 4C5. A +i is an act +,ereby a "erson is "er!itted: +it, t,e for!a ities "rescribed by a+: to contro to a certain degree t,e dis"osition of ,is estate: to taEe effect after ,is deat,. 0alane' %efinition of +i : 1. 2"erson.2,, refers onl to natural persons. 2. 2"ermitted to control to a certain degree.2,, wh certain degree/ 0ec. compulsor heirs cannot &e depri#ed of their legitimes. If there are no compulsor heirs* the power of the decedent to dispose of his estate is a&solute. If there are compulsor heirs* he onl has a limited degree to dispose. 1hat is wh the will can onl co#er the disposa&le portion of the estate (free portion.) !. 8omment' . a. %n 2act.2,, is too general; &etter 2document2 &ec. a will must &e in writing &. 2%fter2,, &etter 2upon.2 C,aracteristics of /i s: 1. "urel personal act. (%rts. @B$,@B@.),, non,delega≤ personal participation of the testator is required. 2. 6ree act.,, it means w4o fraud* #iolence* deceit* duress* or intimidation. It is #oluntar . (o #itiated consent. !. Dispositi#e of propert .,, If it does not* it will &e useless. 0ut as far as the law is concerned* it can &e pro&ated &ut a useless expense. It is onl #alid as to form and nothing else. Exceptions' a. when a will recogniAes an illegitimate child &. when a will disinherits a compulsor heir c. when it appoints an executor $. Essentiall re#oca&le.,, ambulatory, it is not fixed* can &e ta3en &ac3 (while the
"%;E 1C

testator is ali#e.) 1here is no such thing as an irre#oca&le will. It onl &ecomes irre#oca&le upon death of the testator. >. 6ormall executed.,, If the form is defecti#e* it is #oid. It can not &e cured. ?. 1estamentar capacit of the testator. @. 7nilateral act.,, does not in#ol#e an exchange of #alues or depend on simultaneous offer and acceptance. B. Mortis causa.,, ta3es effect upon the person:s death (%rt. @@@.) D. Statutor grant.,, granted onl & ci#il law. 1he law can also ta3e it awa . It is not a constitutional right &ut merel statutor . In -ussia* there are no wills* all intestac 1C. "nimus Testandi.-- 1here must &e an intent to dispose mortis causa the propert of the testator. 1here must &e a real intent to ma3e a will or a disposition to ta3e effect upon death. Said intent must appear from the words of the will. 9ontinola #. 8%* ! 8% -eports !@@.,, 1he -epu&lic contended that the phrase 2I here& lea#e ou (motherland)* parents* lo#ed ones... 2 is a testamentar disposition in fa#or of the -epu&lic as an heir. 8% ruled that it was not. 1he phrase is a mere piece of poetr * there &eing no animus testandi. 1he lac3 of such intent might &e seen from the face of the document itself. 11. Indi#idual.,, )ne person alone. Eoint wills are prohi&ited under %rt. B1B. Gitug #. 8%.,, % couple executed a sur#i#orship agreement wherein their <oint &an3 account would &ecome the sole propert of the sur#i#ing spouse should one of them die. 1he S8 held that such agreement is #alid. 1he con#e ance is not a will &ec. in a will* a person disposes of his prop. In this case* the &an3 account is part of the con<ugal funds. (either is the agreement a donation inter vivos &ec. it ta3es effect after death. Art. 4C=. $,e !aEing of a +i is a strict y "ersona act8 it cannot be eft in +,o e or in "art to t,e discretion of a t,ird "erson: or acco!" is,ed t,roug, t,e instru!enta ity of an agent of an attorney. 0alane' 1he ma3ing of a will is a purel personal act. It is an exercise of the disposing power w4c can not &e delegated. 0ut the ph sical act of ma3ing a notarial will can &e delegated to the secretar &ut not the execution or ma3ing of holographic wills. E.g.* % dictated 1he Secretar wrote it down and t ped. Is the will #alid/ =es. .hat cannot &e left in whole or in part to a third person is the exercise of the will ma3ing power* the exercise of the disposing or testamentar power. 1he mechanical act can &e delegated. Art. 4CA. $,e duration or efficacy of t,e designation of ,eirs: devisees or egatees: or t,e deter!ination of t,e "ortions +,ic, t,ey are to taEe: +,en referred to by na!e: cannot be eft to t,e discretion of a t,ird "erson 0alane' 1his pro#ision clarifies %rt. @B$ on will,ma3ing power. $,ings /,ic, Cannot be %e egated to a $,ird Person by t,e $estator: 1. Designation of heir* legatee or de#isee* e.g.* I here& appoint F as m executor and it is in his discretion to distri&ute m estate to whome#er he wants to gi#e it. 1his can not &e done. 2. Duration or efficac of such disposition li3e* 20ahala 3a na* -u&en.2 !. Determination of the portion to w4c the are to succeed* when referred to & name.
"%;E 11

Art. 4C@. $,e testator !ay entrust to a t,ird "erson t,e distribution of s"ecific "ro"erty or su!s of !oney t,at ,e !ay eave in genera to s"ecified c asses or causes: and a so t,e designation of t,e "ersons: institutions or estab is,!ents to +,ic, suc, "ro"erty or su!s of !oney are to be given or a"" ied. 0alane' %rt. @B? is an exception to %rts @B$ and @B>. It co#ers things that are part of the essence of will ma3ing &ut allowed to &e delegated. E>a!" es of Pro,ibited %e egation: 1. 8an not delegate the designation of the amount of prop.* e.g.* I here& set aside the sum HHHHH w4c m executor ma determine for the cause of mental health. 1he amount is not specified. 2. 8an not delegate the determination of causes or classes to w4c a certain amount is to &e gi#en* e.g.* I here& set aside "19 for such worth causes as ou ma determine. 1his is not #alid &ec. the cause is not specific. 0 wa of exception* there are 2 things w4c can &e delegated. 1he testator must specif ,, (a) the amount of propert ; (2) the cause of classes of propert ,, &efore the delegation can ta3e effect. 1. 1he designation of person or institution falling under the class specified & the testator. 8hoosing the mem&ers of the class &ut is restricted & the class designation* e.g.* I here& set aside the sum of "19 for the de#elopment of %IDS research. 9 will choose w4c institution. 1his is allowed &ec. ou ha#e guided alread 9:s decision. 5owe#er* 9 cannot designate 9anila 5otel. 2. 1he manner of distri&ution or power of apportioning the amount of mone pre#iousl set aside or prop. specified & the testator* e.g.* I designate the following hospitals to get the share in m estate and appoint 9 to apportion the amount of "1C9. I set aside "2>C*CCC for the following institutions' 7"* ";5* S-* in an amount as m executor ma determine. 1he a&o#e mentioned are exceptions to the rule that the ma3ing of a will are non,delega&le. Art. 4C4. $,e testator !ay not !aEe a testa!entary dis"osition in suc, !anner t,at anot,er "erson ,as to deter!ine +,et,er or not it is to be o"erative. 0alane' 1his pro#ision clarifies what is meant that 2a will is personal.2 1his is in effect delegating the discretion to the disposition of the will. Artic es 4CC& 469. Inter"retation of /i s? Ru es of Construction. Art. 4CC. If a testa!entary dis"osition ad!its of different inter"retations: in case of doubt: t,at inter"retation by +,ic, t,e dis"osition is to be o"erative s,a be "referred. 0alane' %rt. @BD is the rule on interpretation in order that the will ma &e #alid and not perish. -ationale' 1he State prefers testate to intestate. .h / 0ec. testamentar disposition is the express will of the decedent. Intestamentar is the presumed will of the decedent. 1his is mere speculation on what the decedent wanted.
"%;E 12

Ut res mages valet #uam pereat.-- that the thing &e #alid than perish. E.g.* 1he word 2chic32 can ha#e 2 interpretations' (1) a girl in w4c case inoperati#e &ec. not w4in the commerce of man and (2) sisiw.,, operati#e. Interpret according to the second. Art. 4C6. /,en t,ere is an i!"erfect descri"tion: or +,en no "erson or "ro"erty e>act y ans+ers t,e descri"tion: !istaEes and o!issions !ust be corrected: if t,e error a""ears fro! t,e conte>t of t,e +i or fro! e>trinsic evidence: e>c uding t,e ora dec arations of t,e testator as to ,is intention8 and +,en an uncertainty arises u"on t,e face of t,e +i : as to t,e a"" ication of any of its "rovisions: t,e testatorGs intention is to be ascertained fro! t,e +ords of t,e +i : taEing into consideration t,e circu!stances under +,ic, it +as !ade: e>c uding suc, ora dec arations. 0alane' 7. 2inds of A!biguity: a. "atent* apparent.,, that w4c appears in the face of the will* e.g.* 2I gi#e 142 of m estate to one of m &rothers.2 .ho among the &rothers/ 1his is patentl am&iguous. &. +atent* hidden.,, perfectl unclear on its face. 1he am&iguit does not appear until ou appl the pro#isions of the will* e.g.* 2I gi#e to 9 the prop. intersecting 0uendia and ". de -oxas. 1he am&iguit is determined onl when the will is pro&ated. 1hat is* when it appears that I am the owner of all the $ corners of the lot. (ow* w4c of those lots/ 9. Ru e: 8larif am&iguit and &e guided & these' 1estac should &e preferred or upheld as far as practica&le. %n dou&t shall &e resol#ed in fa#or of testac . (: .o+ +i you reso ve t,e a!biguity- /,at evidence do you ad!it%' =ou can admit an 3ind of e#idence as long as rele#ant and admissi&le according to the -ules of 8ourt. 1his includes written declarations. Except' )ral declarations of the testator. .h / 0ec. the cannot &e questioned & the deceased. %lso* &ec. the are eas to fa&ricate. If inspite of e#idence ou still cannot cure am&iguit * then annul the will. If the am&iguit is patent* disregard the will. If latent* loo3 into the e#idences allowed & law.
Art. 46D. $,e +ords of a +i are to be taEen in t,eir ordinary and gra!!atica sense: un ess a c ear intention to use t,e! in anot,er sense can be gat,ered: and t,at ot,er can be ascertained. $ec,nica +ords in a +i are to be taEen in t,eir tec,nica sense: un ess t,e conte>t c ear y indicates a contrary intention: or un ess it satisfactori y a""ears t,at t,e +i +as dra+n so e y by t,e testator: and t,at ,e +as unac'uainted +it, suc, tec,nica sense. Art. 469. $,e inva idity of one of severa dis"ositions contained in a +i does not resu t in t,e inva idity of t,e ot,er dis"ositions: un ess it is to be "resu!ed t,at t,e testator +ou d not ,ave !ade suc, ot,er dis"ositions if t,e first inva id dis"osition ,ad not been !ade. 0alane' ;eneral rule' Se#era&ilit . % flaw does not affect the other pro#isions. Exception' If it was meant that the were to &e operati#e together as seen in the will.
"%;E 1!

Art. 465. Pro"erty ac'uired after t,e !aEing of a +i s,a on y "ass t,ereby: as if t,e testator ,ad "ossessed it at t,e ti!e of !aEing t,e +i : s,ou d it e>"ress y a""ear by t,e +i t,at suc, +as ,is intention. 0alane' 1his is a new pro#ision. It is &etter if this was not placed here. .h / 0ec. prop. acquired after the ma3ing of the will will not pass unless there is a clear intention or express pro#isions that the prop. will &e passed & the testator. E.g.* I gi#e as legac to 9 m cars. I onl had 2 cars when I executed the will. %fter w4c I acquired 1> more cars. .hen I die* how man cars will she get/ 6ollowing %rt. @D!* she will get onl 2 cars. 1he additional cars are not included. ;eneral rule' %fter acquired propert shall not pass. Exception' If the will pro#ides otherwise. If he said 2all m cars when I die* 2 then 9 gets all 1@ cars. 8)99E(1' 1his is craA . %rt. @D! is inconsistent w4 %rt. @@@. %t the time of the death* the succession will open. %s such* all cars should &e gi#en. 0ut the law should &e applied as it is. (o matter how inconsistent it is as pointed out & 1olentino. 6or as law ers* ou should ad#ise our clients to &e clear or clarif e#er thing to a#oid this am&iguit . 1ell our clients to specif 2as of the time of m death.2 1he solution to this inconsistenc &et. the 2 articles is to repeal %rt. @D!. Art. 46=. Every devise or egacy s,a convey a t,e interest +,ic, t,e testator cou d devise or be'ueat, in t,e "ro"erty dis"osed of: un ess it c ear y a""ears fro! t,e +i t,at ,e intended to convey a ess interest. 0alane' ;eneral rule' +egac or de#ise will pass exactl the interest of the testator o#er the propert . Exception' 7nless it appears from the will that he is gi#ing less. E.g.* sa ou own a parcel of land. )nl the ownership of the land can &e gi#en. If the testator is a usufructuar * he can onl &equeath his rights as usufructuar * nothing more* nothing less. 8an ou gi#e &igger/ =es. %rt. D2D sa s so. )nl good if the other co,owner is willing to sell. I' 0* ; and E are co,owners. 0 ga#e to % the land the owned in common* that is the entire land and full ownership o#er it gi#ing more than what he owns. Is this allowed/ %' =es. 1he remed is to &u the shares of E and ; &ut he can not compel them to &u his share* there &eing no redemption of the whole land or gi#e to % the #alue of 0:s share* if ; and E are not willing to sell their shares. 1he testator ma gi#e a lesser interest* e.g.* I gi#e the usufruct of m land to F. .hat results/ 7sufruct to F* ownership of the land goes & intestac . Art. 46A. $,e va idity of a +i as to its for! de"ends u"on t,e observance of t,e a+ in force at t,e ti!e it is !ade.
"%;E 1$

0alane' 7. 1or!a <a idity a. 1ime criterion.,, law at the time of execution; su&sequent laws cannot appl retroacti#el . &. "lace criterion.,, 7nder %rt B1>,B1@* fi#e (>) choices are a#aila&le to the testator' 1. 8itiAenship 2. -esidence !. Domicile $. Execution >. "hilippines 9. Intrinsic <a idity a. 1ime.,, time of death &ec. of %rt. @@@ &. "lace.,, +aw of citiAenship of decedent. Subsection 9.&& Testamentary Capacity and Intent 0alane' Testamentification activa is the capacit to ma3e a will. Testamentification pasiva is the capacit to inherit &ased on a will. .ho has testamentar capacit / %ll natural persons. 8orporations can not ma3e wills. )nl natural human &eings can ma3e a will. Art. 46@. A "ersons +,o are not e>"ress y "ro,ibited by a+ !ay !aEe a +i . 0alane' ;eneral rule' %ll persons ha#e the testamentar capacit to ma3e a will. Exception' Incapacit * when expressl prohi&ited & law' (1) disqualified & reason of age (%rt. @D@); (2) disqualified & reason of mental incompetence. (%rt. @DB.) Art. 464. Persons of eit,er se> under eig,teen years of age cannot !aEe a +i . 0alane' (: .o+ do you co!"ute t,e age%' %ccording to the %dmin. 8ode* age is rec3oned according to the calendar month. Art. 46C. In order to !aEe a +i it is essentia t,at t,e testator be of sound !ind at t,e ti!e of its e>ecution. 0alane' $oundness of mind is determined at the time of the execution of the will. Art. 466. $o be of sound !ind: it is not necessary t,at t,e testator be in fu "ossession of a ,is reasoning facu ties: or t,at ,is !ind be +,o y unbroEen: uni!"aired: or uns,attered by disease: in3ury or ot,er cause. It s,a be sufficient if t,e testator +as ab e at t,e ti!e of !aEing t,e +i to Eno+ t,e nature of t,e estate to be dis"osed of: t,e "ro"er ob3ects of ,is bounty: and t,e c,aracter of t,e testa!entary act. 0alane'
"%;E 1>

7. Soundness of !ind.&& does not require that the testator &e in full possession of reasoning capacit or that it &e wholl un&ro3en* unimpaired or unshattered. 9. It !eans rea iHation of or Eno+ing: a. 1he nature of his estate.,, Jnow what ou own. 1his does not mean that the testator has to 3now the description of his propert in detail. It is enough that he has more or less a fairl accurate idea what his properties are. 1his depends upon the circumstances. Sa -oc3efeller. 1he idea is less if ou owned more. the more a person owns* the more he is apt to forget what he has in detail. If ou thin3 ou own % ala &ridge and gi#es it as a de#ise* something is wrong w4 ou. &. "roper o&<ects of his &ount .,, Jnow his immediate relati#es. Experience of man3ind is that ou gi#e to people who are attached to ou & &lood. Immediate relati#es referred to are spouses* parents* children * &rothers* sisters* &ut not first cousins. 6irst cousins usuall are not 3nown especiall if the li#e a&road. 1he nearer the relation* the more ou should 3now. 1he farther* the less the law expects of ou. If the testator can not recogniAe his immediate relati#es* then there is something wrong. c. 8haracter of the testamentar act.,, Jnow the essence of ma3ing a will. Jnow that ou are' (1) ma3ing a document that disposes (freel * gratuitousl ) of our propert ; (2) to ta3e effect upon our death. (ote' E#en if ou are insane as to other things* as long as ou 3now these three (!) things* ou ha#e testamentar capacit . 5. Insanity is re ative. It is different in marriage and in contracts. 0ut in wills* not 3nowing one or more of the ! mentioned a&o#e* ou are considered insane. Art. CDD. $,e a+ "resu!es t,at every "erson is of sound !ind: in t,e absence of "roof to t,e contrary. $,e burden of "roof t,at t,e testator +as not of sound !ind at t,e ti!e of !aEing ,is dis"osition is on t,e "erson +,o o""oses t,e "robate of t,e +i 8 but if t,e testator: one !ont,: or ess: before !aEing ,is +i +as "ub ic y Eno+n to be insane: t,e "erson +,o !aintains t,e va idity of t,e +i !ust "rove t,at t,e testator !ade it during a ucid interva . 0alane' 1his is the law on presumption of soundness of mind as of the time of the execution of the will. ;enera ru e: "resumption is for soundness of mind.,, proponent of will does not ha#e to pro#e the soundness of mind of the testator. .h / 1he law on e#idence sa s that ou don:t ha#e to pro#e' (1) that w4c is admitted; (2) that w4c is presumed; and (!) that w4c is ta3en <udicial notice of. Disputa&le presumptions ma &e o#ercome & proof to the contrar . 1here are ! presumptions of law' (1) conclusi#e; (2) quasi,conclusi#e w4c can &e o#ercome onl & specific proof; (!) disputa&le E>ce"tion: Insanit is re&utta&le presumed when' 1. %rt. BCC par. 2.,, )ne month or less &efore the ma3ing of the will* the testator was pu&licl 3nown to &e insane. E.g.* %* one month &efore ma3ing of the will was running in the "laAa 9iranda na3ed and shouting 2I&agsa3K2 1his is what ou mean & pu&licl 3nown. 2. If there had &een a <udicial declaration of insanit and &efore such order has &een re#o3ed. (1orres #. +opeA* $B " @@2.)
"%;E 1?

In these 2 cases* it is the proponent:s dut to offer e#idence to the contrar * i.e.* pro#e that the ma3ing of the said will was made & the testator during a lucid inter#al. 0udicia %ec aration of Insanity Consists of: 1. % guardian appointed & reason of insanit . (-ule D!* -)8.) 2. If the insane was hospitaliAed & order of the court In either of these cases* there is a presumption of insanit . 0ut once the order is lifted* the presumption ceases. Effect' 1. -e&utta&le presumption of sanit is nullified or swept awa . 2. 1here is a re&utta&le presumption of unsoundness of mind. Art. CD7. Su"ervening inca"acity does not inva idate an effective +i : nor is t,e +i of an inca"ab e va idated by t,e su"ervening of ca"acity. 0alane' 1his article ma3es explicit what was mentioned in %rt. BCC. 1he requirement is that sanit should exist onl at the time of execution. Su&sequent insanit does not affect the #alidit of the will nor an in#alid will &e #alidated & the reco#er of the senses of the testator. Art. CD9. A !arried +o!an !ay !aEe a +i +it,out t,e consent of ,er ,usband: and +it,out aut,ority of t,e court. Art. CD5. A !arried +o!an !ay dis"ose by +i of a ,er se"arate "ro"erty as +e as ,er s,are of t,e con3uga "artners,i" or abso ute co!!unity "ro"erty.
Subsection 5.&& Forms of Wills 0alane' 2inds of /i s a o+ed under t,e NCC.&& (1) ordinary or notarial %ill w4c requires an attestation clause* an ac3nowledgement &efore a notar pu&lic; (2) olograp ic %ill w4c must &e entirel written* dated and signed in the handwriting of the testator. (: .o+ about Non-cupative /i s%' 1he are not allowed & the (88. 1his 3ind of will is an oral will made & the testator in contemplation of death. 1his is allowed among 9uslims onl . Co!!on Re'uire!ents for bot, Einds of +i s: 1. It must &e in writing 2. Executed in the language or dialect 3nown to the testator. I' .hat 3ind of language/ %' It must &e a language (a) spo3en & a su&stantial num&er of persons; (&) must ha#e &een reduced to writing and (c) fairl su&stanti#e &od of literature
"%;E 1@

I' .hat is a dialect %' % dialect is a #ariation of tongue. Art. CD=. Every +i !ust be in +riting and e>ecuted in a anguage or dia ect Eno+n to t,e testator. 0alane' Re'uire!ents: 1. In writing &ut no specific form is required. It could &e in a mar&le glass or on a wall* so long as there was testamentar capacit . 2. .ritten in a language or dialect 3nown to the testator. SuroAa #. 5onrado.,, 1he issue here is whether the will* w4c was written in English is #alid. 1he S8 ruled that it is not. 1he testatrix does not 3now English* &eing an Igorot and an illiterate. )&#iousl * the will is #oid* &ec. of non,compliance w4 %rt. BC$. In a will* can ou conclude that it is #oid where in the attestation clause* it was stated that the will was read and translated to 6ilipino/ 1he law does not require translation nor interpretation of the language to the testator &ut that he himself personall understands the said language. I' Is it necessar for a will to state that the testator 3new the language/ %' (o. Extrinsic4 testimonial e#idence ma pro#e this. I' Is direct e#idence alwa s necessar to pro#e that the testator 3new the language/ %' (o. Sometimes* circumstantial e#idence is sufficient. E.g.* a person w4 a college degree does a will in English. Is it not enough that he studied ! le#els to pro#e that he understands English. Artic es CDA to CD6.&& S"ecia Re'uire!ents for Attested /i s. Art. CDA. Every +i : ot,er t,an a ,o ogra",ic +i : !ust be subscribed at t,e end t,ereof by t,e testator ,i!se f or by t,e testatorGs na!e +ritten by so!e ot,er "erson in ,is "resence: and by ,is e>"ress direction: and attested and subscribed by t,ree or !ore credib e +itnesses in t,e "resence of t,e testator and of one anot,er. $,e testator or t,e "erson re'uested by ,i! to +rite ,is na!e and t,e instru!enta +itnesses of t,e +i : s,a a so sign: as aforesaid: eac, and every "age t,ereof: e>ce"t t,e ast: on t,e eft !argin: and a t,e "ages s,a be nu!bered corre ative y in etters " aced on t,e u""er "art of eac, "age. $,e attestation s,a state t,e nu!ber of "ages used u"on +,ic, t,e +i is +ritten: and t,e fact t,at t,e testator signed t,e +i and every "age t,ereof: or caused so!e ot,er "erson to +rite ,is na!e: under ,is e>"ress direction: in t,e "resence of t,e instru!enta +itnesses: and t,at t,e atter +itnessed and signed t,e +i and a t,e "ages t,ereof in t,e "resence of t,e testator and of one anot,er. If t,e attestation c ause is in a anguage not Eno+n to t,e +itnesses: it s,a be inter"reted to t,e!. 0alane' %. 6ourth "aragraph.,, Jnow the language 1. 0od of the will.,, testator 2. %ttestation clause
"%;E 1B

a. 1estator.,, (o. &. witnesses.,, (o. )nl required to 3now the contents thereof. 0. Discrepancies 1. "ar. 1.,, (o mention that the testator signs in the presence of witnesses and et par. ! states this. 2. "ar. 2.,, (o statement that the testator and the witnesses must sign e#er page in one another:s presence and et that is required to &e stated in the attestation clause. !. "ar. !.,, In case of agent* all it requires is that the agent signed & his direction and not in his presence* &ut that is required in par. 1. 8. -equisites for an ordinar attested will (notariAed will.).,, "urpose of requisites' <udgment call of 8ode 8ommission; &alancing of 2 policies.,, (1) to encourage a person to ma3e a will; (2) to ma3e sure that the will is testament of the testator to minimiAe fraud. 7. Signed by t,e testator or ,is agent in ,is "resence and by ,is e>"ress direction at t,e end t,ereof and in t,e "resence of t,e +itnesses. a. Su&scri&e.,, literall means 2to write one:s name.2 Sign means 2to put a distincti#e mar32 (this is the &etter term to use.) &. Signing.,, & writing his own name; a person ma sign in other wa s (i) 9atias #. Salud.,, 1he testator signed affixing her thum& mar3 on the will* this is &ecause he can no longer write due to sic3ness4 disease called erpes &oster* cold* ph sical infirmit . Is this a sufficient signature/ =es. % thum& mar3 is a sufficient signature of the testator. In fact* it is alwa s and under an and all circumstances a #alid wa to sign a will. -eason' It is less posssi&le to forge. % thum& mar3 is alwa s a #alid wa of signing whether literate or illiterate. 5owe#er* there is also the danger of falsif ing it & affixing the thum& of a newl dead person. I' .hat if the testator has no disease &ut signed in his thum& mar3/ %' 1his will do &ec. thum& mar3 is a sufficient signature under all circumstances. 1he contro#ers is that what if after the testator affixed his thum& mar3* another person signed on her &ehalf. %ttestation clause does not state this. I mean* it would not appear in the attestation clause. 1he S8 said that the person signing on his &ehalf is not an agent and &esides it was alread signed & the testator affixing his thum& mar3 and to state this (the affixing of the thum& mar3) in the attestation is a mere surplusage. (ii) ;arcia #. de la 8uesta.,, 1estator signed w4 a cross. Is this #alid/ (o. 1his is so &ec. such cross is eas to falsif . % cross can not &e considered a signature. ;eneral rule' % cross is unaccepta&le as a signature. Exception' 1hat is his normal wa of signing. c. "urpose.,, to authenticate the will d. .here should the testator sign/ %t the end of the will. 1here are 2 3inds of ends' (i) "h sical end.,, where the writing ends (ii) +ogical end.,, that where testamentar disposition ends. 7suall * the are the same. 0ut if different* t hen either will do. .hat if after the signature* some clauses follow/ .hat is the effect of the said clauses to the will/ If annuls or
"%;E 1D

ma3es the whole #oid &ec. of the non,compliance w4 %rt. BC>. e. 1estator directs another to sign his name. (i) 6our cases' 1estator, %; %gent, 0 a. 202 is not #alid &. 2%2 handwritten 2& 02 t pewritten is #alid c. 2%2 t pewritten 2& 02 handwritten is not #alid. d. 2%2 is #alid (ii) 8ases' a. 0arut #. 8a&acungan.,, -equirements' (1) agent must write the name of the testator & hand; (2) ad#isa&le if the agent write his name also. &. 0alonan #. %&ellana.,, 1he witness signed his name a&o#e the t pewritten words 2por la testadora %nacleta %&ellana.2 1he S8 held that the testator:s name &e written & the agent signing in his stead in the place where he would ha#e signed if he were a&le to do so. It is required that the witness write the testator:s name in the testator:s presence and under her express direction. (iii) 1he agent must sign where the testator:s signature should &e. (i#) "urpose of the rules' to test the authenticit of the agenc . It is an added safeguard to minimiAe fraud. f. 1estator must sign in the presence of witnesses (i) 6our cases' 1estator.,, %; .itnesses.,, 0* 8* D a. % signs w4 0 &reathing on her face. Is it signing in the presence of the testator/ =ES. &. % signs while 0 is tal3ing to 8. 0 can see % through peripheral #ision. Is % signing in 0: s presence/ =ES c. % signs while 0 is tal3ing to 8 w4 0:s &ac3 to %. Is it signing in 0:s presence/ =ES. d. 0 goes out and stands &ehind the wall. 5e cannot see %. 0 is also tal3ing to 6. Is a signing in 0:s presence/ (). (ii) (era #. -imando.,, %ctual seeing is not required. .hat is required is that the person required to &e present must ha#e &een a&le to see the signing* if he wanted to do so* & casting his e es in the proper direction. 5is line of #ision must not &e impeded & a wall or curtain. 1his is a question of fact for the lower court to determine. 0lind witnesses are therefore disqualified. 9. Attested and subscribed by at east t,ree credib e +itnesses in t,e testatorGs "resence and of one anot,er. a. I' 8an the testator sign first not in the witness: presence* then let the witnesses sign/ (o. %rt. BC> requires that the testator should sign at their presence (Gda. de -amos case.) 1here is some inconsistenc here &ut we ha#e to follow %rt. BC>. I' 8an the #alidit &e affected if the witness signed ahead of the testator/ %' (o. "ro#ided it is made in one occasion or transaction. 5owe#er* in strict theor * it can not &e done &ec. &efore the testator signed there is no will at all w4c the witnesses can sign and attest to. If there is more than one transaction* then the testator must alwa s sign ahead of the
"%;E 2C

witnesses. &. %ttestation ,,#isual act ,,witness Su&scri&ing ,, manual act ,, sign
1he three witnesses must do &oth attesting and su&scri&ing. c. .here must witnesses sign/ 1his is not clear. 1a&oada #. -osal.,, In this case* the witnesses signed at the left hand margin. "etitioner contended that the should ha#e singed at the same place where the testator signed* that is* at the &ottom of the end of the will. 1he S8 was li&eral. 1he purpose of signing at the end is to pre#ent interpolation. 1he o&<ect of attestation and su&scription which is for identification* was met when the witnesses signed at the left hand margin of the sole page w4c contained all the testamentar dispositions. (1his concerned a 2,page will w4 the first page containing all the dispositions and the second page the attestation and ac3nowledgement.) 1he will was signed & the witnesses at each and e#er page thereof. +iteral requirement.,, witnesses must also sign at the end4 last page In the case.,, as long as signed in the margin* )J (ow.,, under or on margin* )J. d. 8an witnesses sign w4 thum& mar3/ (1) Some sa =es &ec. it is onl an act of authentication; (2) some sa no &ec. one requirement is that witnesses must 3now how to read and write w4c implies that the witness write his name. 5. $,e testator or agent !ust sign every "age e>ce"t t,e ast on t,e eft !argin. a. "urpose.,, to pre#ent the disappearance of the pages. &. 2E#er page except the last.2 .h not the last/ 0ec. it will alread &e signed at the &ottom. c. +eft hand margin.,, requirement was made when right hand was not <ustified when t ped. d. (ow* testator can sign an where in the page. (i) each page is signed and authenticated.,, mandator (ii) left margin.,, director . =. /itnesses !ust sign eac, and every "age: e>ce"t t,e ast: on t,e eft !argin. 1his is the same as num&er !. .itnesses ma sign an where as long as the sign Icasiano #. Icasiano.,, In the will su&mitted for pro&ate* one page was not signed & one of the witnesses. Such failure to sign was due to inad#ertence since in the cop * all pages were signed. 1he S8 held that this was not a fatal defect. 8onsidering the circumstances* the fact that the other requirement was complied with* and the notarial seal coincided w4 the third page during the sealing* then the will could &e pro&ated. 7nusual circumstances w4c existed in the case' (1) there was another cop (2) inad#ertence4 o#ersight (!) &ecause of the notarial seal.
"%;E 21

1he presence of these facts led the S8 to allow the will. 1he general rule* howe#er* is that* the failure to sign an page is a fatal defect. A. A "ages !ust be nu!bered in etters on t,e u""er "art of t,e "age. a. 9andator .,, there must &e a method & w4c the sequence of the pages can &e 3nown; to pre#ent an insertion or ta3ing out of a page. &. Director (i) 9anner it is num&ered, letters* num&ers* %ra&ic* roman numerals* etc.; an con#entional sequence of s m&ols is allowed (ii) 7pper part @. Attestation C ause. a. 1hree things that must &e stated' (i) the num&er of pages in the will (ii) the fact that the testator or his agent signed the will in e#er page thereof in the presence of the instrumental witnesses (iii) that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. &. %ttestation clause is not a part of the will proper &ec. if contains no dispositions. It is merel essential for the formal requirements of a #alid will. It is a statement of the witnesses. c. .here must witnesses sign/ %t the &ottom in order to pre#ent additions. 8agro #. 8agro.,, In the case* the page where the attestation clause appears was signed & the witnesses on the side and not after the attestation clause. 1he S8 held that this was a fatal defect. 1he logic is that if there had &een no signature at the &ottom &ut on the sides* there will &e ample room for fraud* that is* to add in the attestation clause upon the death of the decedent an essential matter w4c was not there in the first place to #alidate it.; d. 9ust the language of the will &e understood or 3nown & the witnesses/ (o. %fter all* witnesses need not 3now the contents of the will. I' Is it required that the witnesses 3new the language of the attestation clause' %' (o. So long as it has &een interpreted to them. I' 9ust the testator 3now the language of the attestation clause/ %' (o. .hat is required of the testator is to 3now the language of the will. %n express requirement of %rt. BC$. -eason for the a&o#e rules' In order to minimiAe fraud. 1he #er purpose of %rt. BC$ and BC>. 1he law encourages not discourages will ma3ing. "recisel &ec. it wanted to encourage wills. It sets up safeguards to protect the will. e. 9ust the testator sign the attestation clause/ (o. %&angan #. %&angan.,, 1his case concerns a will that has onl 2 pages. 1he first page contained the dispositions and was signed & the testator and the witnesses at the &ottom. 1he
"%;E 22

second page contained the attestation clause onl and was signed & the witnesses at the &ottom. 6rom the case* we can learn 2 things' 1he first concerns the first page. Since it was signed & the testator and the witnesses at the &ottom* then there is no need for them to sign at the left margin. 1he second concerns the second page. Since it was alread signed & the witnesses at the &ottom of the attestation clause* then there is no need for them to sign on the margin. I' 9ust an attested will &e dated/ %' (o. +ac3 of date does not annul an attested will. 0ut a holographic will must &e dated. (%rt. B1C.) 4. NotariHation.&& % will is a pu&lic instrument that is wh it must notariAed. Art. CD@. Every +i !ust be acEno+ edged before a notary "ub ic by t,e testator and t,e +itnesses. $,e notary "ub ic s,a not be re'uired to retain a co"y of t,e +i : or fi e anot,er +it, t,e office of t,e C erE of Court. 0alane' 1. 8ruA #. Gillasor.,, 1his case in#ol#es a will wherein the notar pu&lic was also one of the three instrumental witnesses. Did the will compl w4 the requirement of ! witnesses/ (o. 1he S8 ga#e 2 reasons' (1) 1he notar pu&lic can not &e an oath witness and at the same time an oath ta3er. It is impossi&le for him to ac3nowledge &efore himself; (2) the aim of the notar pu&lic to insure the trustworthiness of the instrument would &e lost &ec. he will tr to insure the #alidit of his own act. ;eneral rule' 1he notar pu&lic cannot &e a witness. Exception' .hen there are more than ! witnesses. In such a case* the requisite of ! witnesses is achie#ed. 2. ;a&ucan #. 9anta.,, In the case* the notarial ac3nowledgement of the will lac3ed a documentar stamp. %s such the <udge in the lower court denied pro&ate. Does the a&sence of the documentar stamp in#alidate the will/ (o. 1he a&sence of the documentar stamp does not affect the #alidit of the will. Its onl effect is to pre#ent it from &eing presented as e#idence. 1he solution is to &u a documentar stamp and attach it to the will. !. Ea#ellana #. +edesma.,, 1he case deals w4 the question of whether or not the ac3nowledgement of the will should &e done on the same occasion as the execution of the will. 1he S8 said no. 1he law does not require that execution and ac3nowledgement &e done on the same occasion. %c3nowledgement ma &e #alidl done after execution. In fact* the testator and the witnesses do not ha#e to ac3nowledge together. =ou can ac3nowledge one & one. 1he law does not require it to &e made simultaneousl . %s long as the testator maintains his testamentar capacit and the witnesses maintain their witnessing capacit until the last person ac3nowledges* then the will is #alid. 5owe#er* if the testator dies &efore the last person ac3nowledges* then the will is not #alid. 1he will is considered as &eing unac3nowledged. $. Iuestions. I1' 8an a witness &e an agent who will sign for the testator/ %1' (a) =es. 1here is no prohi&ition. (&) (o. 1he testator must sign &efore ! witnesses. 5e cannot sign &efore himself. 1o &e safe* do not let this happen. %s the law er* &e sure ou ha#e at least ! witnesses.
"%;E 2!

I2' Is there an particular order of signing/ %2' (a) (o. %s long as the signing is done on one occasion or one continuing transaction. (&) =es. If the signing is not done on one occasion or transaction. In such a case* there is nothing that the witness is attesting to.
Artic es CD4 and CDC are s"ecia additiona re'uire!ents +,ic, are !andatory. Art. CD4. If t,e testator be deaf: or a deaf&!ute: ,e !ust "ersona y read t,e +i : if ab e to do so8 ot,er+ise: ,e s,a designate t+o "ersons to read it and co!!unicate to ,i!: in so!e "racticab e !anner: t,e contents t,ereof. 0alane' 1his pro#ision lists down a special requirement if a notarial will is executed & a deaf, mute testator. 1. 1here are two cases contemplated' (1) If the testator can read* then he must read the will personall ; (2) If illiterate* then 2 persons must read the will and communicate to him the meaning of the will in some practica&le manner. 2. 1he law is not clear if the 2 persons reading it to him would do it separatel or in consonance. !. 1hese additional requirements are mandator & perfect analog to the case of ;arcia #. GasqueA.. Art. CDC. If t,e testator is b ind: t,e +i s,a be read to ,i! t+ice8 once: by one of t,e subscribing +itnesses: and again: by t,e notary "ub ic before +,o! t,e +i is acEno+ edged. 0alane' 1. If the testator is &lind* the will must &e read to him twice' (1) & one of the su&scri&ing witnesses; and (2) & the notar pu&lic* not necessaril in that order. 2. a. Is the pro#ision mandator / =es. If this is not followed* the will is #oid. (;arcia #. GasqueA.) In the case* the will was read to the testator onl once. 1he S8 denied pro&ate of the will for failing to compl w4 the requirements of %rt. BCB. Such failure is a formal defect. &. 8an this &e presumed/ (o. c. 8an this &e pro#en to ha#e &een complied w4 & competent e#idence/ =es. In the a&sence of w4c the will is #oid. Such fact or reading must &e pro#en & e#idence during the pro&ate proceedings. !. "urpose' 1he reading is mandator for the purpose of ma3ing 3nown to the testator the pro#ision of the will so that he ma o&<ect if it is not in accordance w4 his wishes. Art. CD6. In t,e absence of bad fait,: forgery: or fraud: or undue and i!"ro"er
"%;E 2$

"ressure and inf uence: defects and i!"erfections in t,e for! of attestation or in t,e anguage used t,erein s,a not render t,e +i inva id if it is "roved t,at t,e +i +as in fact e>ecuted and attested in substantia co!" iance +it, a t,e re'uire!ents of artic e CDA. 0alane' 1his is a li&eraliAation rule* an attempt to li&eraliAe %rticles BC$ to BCB. Su&stantial compliance w4 %rticles BC> and BC? will #alidate the will despite some defects in the attestation clause. +oo3ing at %rt. BCD* ou get the impression of utmost li&eraliAation. .e can not determine how li&eral we can &e or can we go. 1his article does not gi#e a clear rule. E0+ -e es and 1olentino suggest that ou ma3e a distinction. ;uide' If the defect is something that can &e remedied & the #isual examination of the will itself* li&eraliAe. If not* then ou ha#e to &e strict. Illustration' If in an attestation clause* the num&er of pages used was not stated* then ou can li&eraliAe &ec. & examining the will itself* ou can detect the defect. 1his is &ec. the pagination of statement in the attestation clause is merel a dou&le chec3. If the attestation clause failed to state that 2the testator signed in the presence of witnesses*2 and this can not &e remedied & #isual examination of the will* then ou need to &e strict. Suggested amendment of the law' 2If such defect and imperfections can &e supplied & examination of the will itself and it is pro#ed.2 Artic es C7D to C7=.&& Provisions on Holographic Wills. Art. C7D. A "erson !ay e>ecute a ,o ogra",ic +i +,ic, !ust be entire y +ritten: dated: and signed by t,e ,and of t,e testator ,i!se f. It is sub3ect to no ot,er for!: and !ay be !ade in or out of t,e P,i i""ines: and need not be +itnessed. 0alane' %. %d#antages' 1. 8heaper* simple* easier to re#ise* no notar pu&lic needed 2. %&solute secrec is guaranteed, onl ou* the father and the mem&ers of the famil will 3now its contents. Disad#antages' 1. "recisel &ec. it guarantees secrec and is simpler* it is also easier to falsif ,, less people ou need to collude w4,, onl ourself* &ut in attested will* ou need at least four ($) other people. 2. It ma not express testator:s wishes due to fault expression !. (o protection against causes #itiating consent &ec. there are no witnesses,, danger is higher. $. Does not re#eal testamentar capacit of testator due to lac3 of witnesses >. Easier to conceal than an attested will.,, ou can allege that no will was made ?. ;enerall * danger of am&iguit is greater than in attested wills.,, &ec. testator is not a law er* he ma not understand technical and legal words. In attested will* the testator is assisted & a law er. E0+ -e es opines that the disad#antages outweigh the ad#antages. 5e suggested a middle ground* a m stic will (testamento cerrado.) It is not as strict as a notarial will* &ut not as fraught w4 ris3s as a holographic will. 1his 3ind of will is sealed in an en#elope and &rought to
"%;E 2>

the notar who puts his seal and signs to authenticate* and it will &e opened onl upon the death of the testator. 1his 3ind of will minimiAes the ris3 of fraud and protects the pri#ac of the testator. 0. -eal -equirements.,, 9%(D%1)-=.,, must &e & the hand of the testator himself. 1. .ritten entirel & the testator (a) If partl & the testator and partl & another person* G)ID (&) If another person wrote an additional part w4o 3nowledge of the testator* the will is G%+ID &ut the addition is G)ID. (c) If another person wrote an additional part w4 the 3nowledge of the testator* G)ID. 2. Dated a. (1) -oxas #. de Eesus.,, )n the will* the date was written as 26e&.4 ?1.2 Is it #alid/ =es. ;eneral rule' Da * month and ear must &e indicated. Exception' .hen there is no appearance of fraud* &ad faith* undue influence* and pressure and the authenticit of the will is esta&lished* and the onl issue is whether or not 26e&.4?12 is #alid* then it should &e allowed under the principle of su&stantial compliance. 8)99E(1' I am not happ w4 the decision &ec. the period co#ers one whole month. )ne of the purposes is to 3now when it was executed* speciall in the cases where there are other wills. Example* another will dated 6e&. 1@4 ?1. %s such* it is dangerous to sa that 26e&.4?12 is sufficient. (2) +a&rador #. 8a.,, In this case * the date was indicated in the &od of the will as part of the narration. Is this #alid/ =es. It is not necessar that the will &e separate from the &od . In fact* it can &e an where in the will as long as the date appears in the will. &. If the date is pro#en wrong* then its #alidit depends on whether the error is deli&erate or not. If deli&erate* the will is considered not dated and the will is #oid. If not deli&erate* the date will &e considered as the true date. c. Date is usuall written & putting the da * month* and ear. 5owe#er* other wa s ma &e adopted such as 28hristmas da of 1DD>.2 !. Signature.,, 8ommentators ha#e said that the signature must consist of the testator:s writing his name down. 1he reason for this is since he is a&le to write his will* then he is literate enough to write his name. 8. 1. %re holographic wills in letters allowed/ =es* pro#ided there is an intent on the part of the testator to dispose of the propert in the letters and the ! requisites are present. E.g.* 2I gi#e ou 142 of m estate as pro#ided for in the document I 3ept in the safe.2 1his is a holographic will &ec. the letter does not in itself dispose of the propert . 2. 8an a &lind testator ma3e a holographic will/ =es. 1here is no form required. .hat is important is the presence of the ! requisites. E.g.*
"%;E 2?

Art. C77. In t,e "robate of a ,o ogra",ic +i : it s,a be necessary t,at at east one +itness +,o Eno+s t,e ,and+riting and signature of t,e testator e>" icit y dec are t,at t,e +i and t,e signature are in t,e ,and+riting of t,e testator. If t,e +i is contested: at east t,ree of suc, +itnesses s,a be re'uired. In t,e absence of any co!"etent +itness referred to in t,e "receding "aragra",: and if t,e court dee! it necessary: e>"ert testi!ony !ay be resorted to. 0alane' Re'uire!ents in t,e Probate of .o ogra",ic /i s: 1. Documentar -equirement a. ;eneral rule' 1he will itself must &e presented ;an #. =ap.,, In the case* the proponent of the supposed will sought to esta&lish its contents through extrinsic e#idence. 1he S8 denied such attempt to pro&ate a holographic will that was not presented &efore the court. 1he S8 said that the actual will should &e presented to the court. 1he reason is that the will itself is the onl material proof of authenticit . 5ow can the oppose the will if the will is not there/ E.g.* =ou are presented in the pro&ate court the &lood test papers of % in 8i#il +aw* <ust to show the handwriting of %* &ut ou do not ha#e the will. 5ow will ou compare when ou do not ha#e an will to &e compared. 0ut if the will is there* I would &e the first one to pro#e our handwriting & showing our &lood test papers. (0alane.) Exception' If there is an existing cop or duplicate photostatic xerox. -odelas #. %ranAa.,, In the case* the proponent of the will sought to present a cop of the holographic will to the court. 1he court allowed the production of the cop . 1he &asis of this acceptance is the footnote no. B in the case of ;an #. =an where the court said that 2perhaps if a photostatic cop is presented...2 1he merit of the -odelas case is dou&tful.. %uthenticit of the will is &ased on the handwriting and the signature. 5andwriting experts use as a &ases the penlifts of the writer. In photocopies* penlifts are not discerni&le and so the experts are depri#ed of their &asis in determining the authenticit of the will. &. +ost holographic wills can not &e pro&ated e#en & the testimonies of the witnesses. 1he reason is that the will itself is the onl proof of its authenticit . 2. 1estimonial -equirement a. 7ncontested will.,, onl one witness to identif the signature and handwriting of the testator. &. 8ontested will.,, three witnesses to identif the signature and handwriting of the testator. %Aaola #. Singson.,, In the case* the oppositors of the will contested the will on the ground that it was executed through fraud. 1he * howe#er* admitted its due execution. During the case* the proponent presented onl one witness to identif the signature and handwriting of the testator. Is one witness sufficient considering there is an oppositor to the will/ =es. 1he S8 held that one witness is sufficient. .hat the law en#isions is that the genuineness of the handwriting and signature &e contested. 8ontested holographic will refers to the challenge & the oppossitors that the will is not in the handwriting of the deceased. 1he oppossitors in this case did not challenge the handwriting of the deceased. 1heir ground for
"%;E 2@

opposing pro&ate is that the will was executed through fraud and improper and undue influence. 5ence* the pro&ate required onl one witness. 1he authenticit of the will is not contested. 1herefore* the will itself* not &eing contested was that of the testator. 1he oppossitors here precisel admit that authenticit of the will &ut oppose on the ground that there is fraud or undue influence initiated upon her in the execution of the will. 5ence* it is uncontested. 'biter dictum( 1he three witness pro#ision for contested holographic will is merel director . 1he court upon satisf ing itself of the authenticit of the will can require one or ten witnesses. 1he <udge 3nows &est. 1he second paragraph of %rt. B11 gi#es the court discretion* hence the director effect of the %rt.,, (a) it is a matter of qualit and not quantit ; (&) to require ! witnesses* ma3es it worse than treason* w4c requires onl 2 witnesses. .hich is &etter/ )ne who testif &ut w4 unquestioned credi&ilit or 2C %GSE8)9 witnesses/ So do not rel on the quantit . 1he case of %Aaola is merel a guide and interprets %rt. B11 for us. It is not mandator . It alwa s depends on the <udge. Art. C79. In ,o ogra",ic +i s: t,e dis"ositions of t,e testator +ritten be o+ ,is signature !ust be dated and signed by ,i! in order to !aEe t,e! va id as testa!entary dis"ositions. 0alane' 1o authenticate additional dispositions* the same must &e signed and dated & the testator. Art. C75. /,en a nu!ber of dis"ositions a""earing in a ,o ogra",ic +i are signed +it,out being dated: and t,e ast dis"osition ,as a signature and date: suc, date va idates t,e dis"ositions "receding it: +,atever be t,e ti!e of "rior dis"ositions. 0alane' If a will has se#eral additions* the testator has two options' (1) Sign each disposition and sign and date the last; or (2) Sign and date each one of the additions. Art. C7=. In case of any insertion: cance ation: erasure or a teration in a ,o ogra",ic +i : t,e testator !ust aut,enticate t,e sa!e by ,is fu signature. 0alane' Insertion: Cance ation: Erasure: or A teration.&& %uthenticate & 2full signature*2 that is* in the manner the testator usuall signs his name. Jalaw #. -elo#a.,, In the case* there were 2 alterations. In the first alteration* the name of -osa as sole heir was crossed out and ;regorio:s name was inserted. In the second alteration* the name of -osa as executor was crossed out and ;regorio:s name was inserted. 1he second alteration was initialed. %re the alterations #alid/ (o. %lteration 1' (ot signed* thus* not #alid. %lteration 2' Initialed* thus* not #alid; it must &e full signature. ;regorio cannot inherit as a sole heir &ec. it was not authenticated. -osa cannot inherit as sole heir &ec. her name was crossed out. 1his indicated a change of mind on the part of the testator. 1he S8 held that a change done & cancellation and putting in a new name* w4o the full signature* is not #alid. %s such* the pro&ate is denied and the &oth inherit & intestac . 0alane' -osa should inherit as sole heir. 1he cancellation was not done properl since it
"%;E 2B

was not signed. 1he effect is as if the cancellation was not done. If the testator wants to change his mind* he should reflect it in the proper wa . (: .o+ do +e !aEe a c,ange in a notaria +i %' 1here is no pro#ision of law dealing on this. 1he ordinar rules of e#idence will appl . 1o pro#e change* the testator should affix either his signature or initials. 1he &est wa * howe#er* is to ha#e the testator and notar pu&lic sign. Artic es C7A to C74.&& La s hich govern formal e!ecution according to the place of e!ecution. Art. C7A. /,en a 1i i"ino is in a foreign country: ,e is aut,oriHed to !aEe a +i in any of t,e for!s estab is,ed by t,e a+ of t,e country in +,ic, ,e !ay be. Suc, +i !ay be "robated in t,e P,i i""ines. Art. C7@. $,e +i of an a ien +,o is abroad "roduces effect in t,e P,i i""ines if !ade +it, t,e for!a ities "rescribed by t,e a+ of t,e " ace in +,ic, ,e resides: or according to t,e for!a ities observed in ,is country: or in confor!ity +it, t,ose +,ic, t,is Code "rescribes. Art. C74. A +i !ade in t,e P,i i""ines by a citiHen or sub3ect of anot,er country: +,ic, is e>ecuted in accordance +it, t,e a+ of t,e country of +,ic, ,e is a citiHen or sub3ect: and +,ic, !ig,t be "roved and a o+ed by t,e a+ of ,is o+n country: s,a ,ave t,e sa!e effect as if e>ecuted according to t,e a+s of t,e P,i i""ines. 0alane' 1. 6our com&inations as to situation' a. 6ilipino ma3es a will here &. 6ilipino ma3es a will a&road. c. 6oreigner ma3es a will here. d. 6oreigner ma3es a will a&road. 2. .hat law go#erns the #alidit of will/ a. Intrinsic.,, the national law of the testator &. 1ime.,, %t the time of death. c. "lace.,, the same for 6ilipinos and aliens. 1he same rule where#er ou ma3e our will. =ou ha#e fi#e (>) choices,, the law of 1. 1he testator:s citiAenship 2. 1estator:s domicile !. "lace of execution $. 1estator:s residence >. "hilippines. Example* an %rgentine citiAen* domiciled in 6rance* residing in 0elgium #isiting the "hils. In Eapan* he executed a will. 5e ma choose among the fi#e (>) places as to what law shall go#ern the formal requirements of his will.
"%;E 2D

If -u&en executed a will in 9a3ati* he will ha#e to follow "hilippine law &ec. all the choices points to that onl .
Art. C7C. $+o or !ore "ersons cannot !aEe a +i 3oint y: or in t,e sa!e instru!ent: eit,er for t,eir reci"roca benefit or for t,e benefit of a t,ird "erson. 0alane' 7. %efinitions.&& (a) % <oint will is one document w4c ser#es as the will of 2 persons; this is prohi&ited; (&) % reciprocal will in#ol#es 2 instruments reciprocall ma3ing each other heir; this is not prohi&ited. 9. E e!ents of a 0oint /i : (a) one single instrument; (&) it is the will of 2 or more persons. 5. (: /,y are 0oint /i s Pro,ibited%' (a) It encourages undue influence* murder* or attempt to 3ill the other &ec. generall * <oint wills &enefit each other. (&) It runs counter to the idea that wills are re#oca&le. It ma3es re#ocation more difficult. E.g.* tearing it up,, destro s the will of another. (c) It undermines the personal element of a will.,, It &ecomes a multiple will. =. E>a!" es: a. )ne sheet of paper. )n each side is a will of one person. Is it #alid/ =es* &ec. there are 2 documents. &. )ne sheet of paper. )n the front page* on the upper half is a will of %. )n the &ottom half is the will of 0. Is it #alid/ =es. 1his is not a <oint will &ec. there are still 2 documents. $. In ;erman * <oint wills are allowed onl if executed & the spouses. >. 1he presumption is that wills are #alid. 1he fault pro&a&l is in the wording of the law. Eoint will,, one instrument. .hat the law prohi&its is not 2 wills on the same sheet of paper &ut <oint wills. Art. C76. /i s: "ro,ibited by t,e "receding artic e: e>ecuted by 1i i"inos in a foreign country s,a not be va id in t,e P,i i""ines: even t,oug, aut,oriHed by t,e a+s of t,e country +,ere t,ey !ay ,ave been e>ecuted. 0alane' 1. 1his pro#ision is an exception to the rule enunciated in %rticles B1> to B1@ that for 6ilipinos* as long as the will is #alid in the place of execution* then it is #alid in the "hils. 2. 6ilipinos* whether here or a&road* cannot execute <oint wills. It is against pu&lic polic . !. 8an aliens execute <oint wills/ a. If executed in the countr where it is allowed* =ES* it ma &e pro&ated here. &. If made here and their countr allows them to do this/ 1here are 2 #iews on this' (i) =es* follow the personal law. (ii) (o &ec. it is against pu&lic polic .
"%;E !C

Subsection =.&& Witnesses to Wills. Art. C9D. Any "erson of sound !ind and of t,e age of eig,teen years or !ore: and not b ind: deaf or du!b: and ab e to read and +rite: !ay be a +itness to t,e e>ecution of a +i !entioned in artic e CDA of t,is Code. Art. C97. $,e fo o+ing are dis'ua ified fro! being +itnesses to a +i : )7* Any "erson not do!ici ed in t,e P,i i""ines8 )9* $,ose +,o ,ave been convicted of fa sification of a docu!ent: "er3ury or fa se testi!ony. 0alane' %rticles B2C and B21 ma &e ta3en together. 1hese pro#isions are applica&le onl to attested wills and not to holographic wills. Si> (ua ifications of /itnesses to /i s or Re'uisites for Co!"etence to be a /itness: a. $ound Mind.-- %&ilit to comprehend what he is doing* same as soundness of mind for contracts. &. "t least )* yrs or over.-- 8omputed according to the calendar ear. c. +ot ,lind, deaf and mute/ dumb.-- 1his is important &ec. these are the three senses ou use for witnessing. d. "ble to read and %rite.,, +iterate. Some commentators sa thum& mar3 is not sufficient for witnesses; he has to affix his signature. e. -e must be domiciled in t e P ilippines. I' If a will is executed a&road in a place where there is no one domiciled in the "hils. although there are 6ilipino citiAens not domiciled in the "hils.* does domicile requirement still appl / %' 1here are two answers for all theor 1. =es &ec. the law does not distinguish 2. (o* there is an implied qualification.,, 1he rule applies in wills executed in the "hils. 1o &e practical* there are two solutions' 1. =ou ha#e > choices as to w4c law go#erns. 8hoose an . 2. Eust execute a holographic will. f. -e must not testimony. ave been convicted of falsification of document, per!ury or false
I' .h not rape/ %' 0ec. chastit has nothing to do w4 truthfulness. 1ruthfulness is the gauge. ;onAales #. 8%.,, In the case* the oppossitor of the pro&ate alleged that the will cannot &e pro&ated &ec. the proponent was not a&le to pro#e that the ! witnesses were credi&le. She claims that %rt. BC> requires that witnesses must &e credi&le as shown in the e#idence of record. Is the oppossitor correct/ (o. 7nder the law* there is no mandator requirement that the proponent of the will pro#e the credi&ilit of the witnesses to the will. Such credi&ilit is presumed. 5owe#er* the oppossitor ma pro#e otherwise & presenting e#idence. 1he S8 also said that credi&ilit is determined & the manner the witness testifies in court. In other words*
"%;E !1

credi&ilit depends on how much the court appreciates and &elie#es his testimon . Social standing or financial position has nothing to do w4 a witness: credi&ilit . +astl * the S8 said that competenc and credi&ilit are different. % witness to a will is competent if he has all the qualifications and none of the disqualifications to &e a witness while credi&ilit depends on the appreciation of the court of the testimon of the witness. Art. C99. If t,e +itnesses attesting t,e e>ecution of a +i are co!"etent at t,e ti!e of attesting: t,eir beco!ing subse'uent y inco!"etent s,a not "revent t,e a o+ance of t,e +i . 0alane' 8ompetenc or capacit to &e a witness' (1) is determined at the time of witnessing; (2) must ha#e the six qualifications. In effect* this is the same rule in testamentar capacit .
Art. C95. If a "erson attests t,e e>ecution of a +i : to +,o! or to +,ose s"ouse: or "arent: or c,i d: a devise or egacy is given by suc, +i : suc, devise or egacy s,a : so far on y as concerns suc, "erson: or s"ouse: or "arent: or c,i d of suc, "erson: or any one c ai!ing under suc, "erson or s"ouse: or "arent: or c,i d: be void: un ess t,ere are t,ree ot,er co!"etent +itnesses to suc, +i . .o+ever: suc, "erson so attesting s,a be ad!itted as a +itness as if suc, devise or egacy ,ad not been !ade or given. 0alane' 1his is a misplaced pro#ision. It should not &e put here &ut on the section on the disqualification to inherit. It does not tell us that it incapacitates a witness. It tells us of the incapacit of a witness to succeed. ;eneral rule' .itness* his spouse* parent* child* or person claiming under an of them cannot inherit. Exception' 1here are three other witnesses to the will. E.g.' (a) 1estator %* .itnesses 0* 8* D. It is presumed that the are all qualified to &e witnesses. %* in a will* ma3es legac to 0* gi#ing him a car. Does it disqualif 0 to &e a witness/ (o* it disqualifies 0 to inherit. 1he legac is #oid. (&) If there were $ witnesses. 1he legac is gi#en to 0. Is the legac #alid/ =es* &ec. there are ! other witnesses. (c) If there are four witnesses* each one is gi#en a de#ise or legac . (i) %re the competent to &e witnesses/ =es. (ii) %re &equests to them #alid/ 1here are 2 #iews' 1. =es. 0ec. for each of them* there are three other witnesses. (+i&eral #iew.) 2. (o. 0ec. this is an o&#ious circum#ention of %rt. B2!. %rt. B2! has for its purpose the pre#ention of collusion. (Strict #iew.) Art. C9=. A !ere c,arge on t,e estate of t,e testator for t,e "ay!ent of debts due at t,e ti!e of t,e testatorGs deat, does not "revent ,is creditors fro! being co!"etent +itnesses to ,is +i . Subsection A.&& Codicils and Incorporation "y #eference.
"%;E !2

Art. C9A. A codici is a su"" e!ent or addition to a +i : !ade after t,e e>ecution of a +i and anne>ed to be taEen as a "art t,ereof: by +,ic, any dis"osition !ade in t,e origina +i is e>" ained: added to: or a tered. 0alane' E.g.* In a will* 2I gi#e m car to %* Eul 2* 1DD>.2 0ec. I want to specif w4c of m cars* I ma3e a will stating 2In m will of Eul 2* 1DD>* I ga#e a car to %. I want to clarif that I am gi#ing him m 09. w4 plate num&er .......2 I' .hen is a su&sequent document a codicil and when is it another will/ %' 1. It is a codicil when it explains* adds to* or alters a pro#ision in a prior will. 2. It is another will if it ma3es an independent disposition. E.g.* Eune 1* 1DD>* 2I gi#e m car to %.2 Eul 1* 1DD>* 2I gi#e m house to 0.2 1his is a second will. 6our Iuestions' 1. If original will is attested* can ou ma3e an attested codicil/ 2. If original will is attested* can ou ma3e a holographic codicil/ !. If original will is holographic* can ou ma3e a holographic codicil/ $. If the original will is holographic* can ou ma3e an attested codicil/ %' =es to all. 1he form of a codicil does not ha#e to conform to the form of the will. % will does not impose its form on the codicil. %s long as the codicil complies w4 the form of wills* it is #alid. (%rt. B2?.) Art. C9@. In order t,at a codici !ay be effective: it s,a be e>ecuted as in t,e case of a +i . 0alane' .hether ou call the second document a will or a codicil does not reall matter. It is all theoretical. It is onl a matter of terminologies. 1he &oth require the formal requisites of a will.
Art. C94. If a +i : e>ecuted as re'uired by t,is Code: incor"orates into itse f by reference any docu!ent or "a"er: suc, docu!ent or "a"er s,a not be considered a "art of t,e +i un ess t,e fo o+ing re'uisites are "resent: )7* $,e docu!ent or "a"er referred to in t,e +i !ust be in e>istence at t,e ti!e of t,e e>ecution of t,e +i 8 )9* $,e +i !ust c ear y describe and identify t,e sa!e: stating a!ong ot,er t,ings t,e nu!ber of "ages t,ereof8 )5* It !ust be identified by c ear and satisfactory "roof as t,e docu!ent or "a"er referred to t,erein8 and )=* It !ust be signed by t,e testator and t,e +itnesses on eac, and every "age: e>ce"t in case of vo u!inous booEs of account or inventories. 0alane' I' .hat do ou incorporate/ %' ;enerall * the documents that clarif pro#isions in the will to w4c it is attached. E.g.*
"%;E !!

in#entories* s3etches* &oo3s of account I' 8an a document contain an testamentar disposition/ .h / %' (o. 0ec. the do not conform to the requirements of wills. Re'uisites for Incor"oration by Reference: 1. Document must pre,exist the will. It must &e in existence when the will is made. 2. 1he will must refer to the document* stating among other things the num&er of pages of the document. !. 1he document must &e identified during the pro&ate of the will as the document referred to in the will $. It must &e signed & the testator and the witnesses on each and e#er page* except in case of #oluminous &oo3s of accounts or in#entories. I' 8an a document &e incorporated in a holographic will considering that the attached document must &e signed & witnesses and that the holographic will has no witnesses/ %' 1here are 2 #iews. (a) =es* witnesses referred to & law should &e ta3en to mean onl if there are witnesses to the will. 1here is no specification in the law. (&) (o. 1he fourth requisite presupposes there were witnesses. It seems to co#er onl attested wills. Subsection @. #evocation of Wills and Testamentary $ispositions. Art. C9C. A +i !ay be revoEed by t,e testator at any ti!e before ,is deat,. Any +aiver or restriction of t,is rig,t is void. 0alane' )ne of the characteristics of a will is that it is am&ulator . It is not fixed* it is re#oca&le. -e#oca&ilit is an essential requisite of a will. So an wai#er or restriction of this right is #oid. 1here are no exceptions to this rule. I' 8an the testator ma3e a will irre#oca&le/ %' (o. %s long as he is ali#e* he can re#o3e will at pleasure. Distinguish this from a donation inter vivos w4c cannot &e re#o3ed at pleasure & the donor.
Art. C96. A revocation done outside t,e P,i i""ines: by a "erson +,o does not ,ave ,is do!ici e in t,is country: is va id +,en it is done according to t,e a+ of t,e " ace +,ere t,e +i +as !ade: or according to t,e a+ of t,e " ace in +,ic, t,e testator ,ad ,is do!ici e at t,e ti!e8 and if t,e revocation taEes " ace in t,is country: +,en it is in accordance +it, t,e "rovisions of t,is Code. 0alane' 1his article is incomplete. It does not co#er all situations. I' 5ow do ou re#o3e/ .hat law go#erns re#ocation/ %' It depends where the re#ocation is made' 1. If done outside the "hils' a. If the testator is not domiciled in the "hils'
"%;E !$

(i) the law of the place where the will was made (ii) the law of the place where the testator was domiciled at the time of the re#ocation &. If the testator is domiciled in the "hils' (i) "hil. law &ec. his domicile is here. (ii) +aw of the place of re#ocation &ec. of %rt. 1@* (88 2. If done inside the "hils.* follow "hil. law. Art. C5D. No +i s,a be revoEed e>ce"t in t,e fo o+ing cases: )7* By i!" ication of a+8 or )9* By so!e +i : codici : or ot,er +riting e>ecuted as "rovided in case of +i s8 or )5* By burning: tearing: cance ing: or ob iterating t,e +i +it, t,e intention of revoEing it: by t,e testator ,i!se f: or by so!e ot,er "erson in ,is "resence: and by ,is e>"ress direction. If burned: torn: cance ed: or ob iterated by so!e ot,er "erson: +it,out t,e e>"ress direction of t,e testator: t,e +i !ay sti be estab is,ed: and t,e estate distributed in accordance t,ere+it,: if its contents: and due e>ecution: and t,e fact of its unaut,oriHed destruction: cance ation: or ob iteration are estab is,ed according to t,e Ru es of Court. 0alane' $,ree /ays of RevoEing a /i : 7. By I!" ication of La+. a. %rt. 1C!2.,, 7nworthiness to succeed* e.g.* I instituted " as heiress* after which she 3illed m parents. 1he will instituting her as heiress is re#o3ed & implication of law. &. %rt. D>@.,, Deals w4 the de#ise or legac .,, transformation of the propert & the testator* e.g.* If I con#erted to a su&di#ision the fishpond w4c I ga#e to 1 as de#ise. c. %rt. 1C?.,, +egal separation. 1he guilt spouse* who ga#e the ground for legal separation* will not inherit and an thing gi#en to her is impliedl ta3en awa & law. d. %rt. B>$.,, Preterition annuls the institution of heirs. 9. By Subse'uent Instru!ent: /i or Codici : a. -equisites' 1. 8apacit to re#o3e.,, Insane persons can not re#o3e 2. -e#o3ing instrument* will or codicil must &e #alid !. -e#o3ing instrument* will or codicil must contain either a re#o3ing clause (express) or &e incompati&le (implied) $. -e#o3ing will must &e pro&ated &ec. w4o pro&ating* it can not ha#e the effect of re#ocation. &. Such re#ocation ma either &e' 1. Express.,, 8ontains an express re#ocator clause 2. Implied.,, "ro#isions of su&sequent will are incompati&le with the pro#isions of the prior will. It ma either &e' (i) total when all the pro#isions are incompati≤ (ii) partial
"%;E !>

when onl some pro#isions are incompati&le. 5. By ",ysica %estruction.&& 1his is the most unlimited wa of re#ocation &ec. it co#ers an act of ph sical destruction. It is not an exclusi#e list &ut more or less co#ers e#er thing E e!ents: a. Corpus.,, %ct of destruction,, completion of intent,, all acts needed to re#o3e ha#e &een done I' 9ust it &e total destruction/ %' (o. %s long as e#idence on the face of the will shows act to re#o3e. &. "nimus.,, Intent and capacit to re#o3e. 0oth elements must concur. Examples' a. % &lind testator as3ed his nurse to gi#e him his will. 1he nurse ga#e him his old letters. 1he testator thin3ing it is his will* threw it into the fire. In this case* there is animus &ut no corpus. -e#ocation is ineffecti#e. &. I threw m ci#il law exams. 0ut it turned out it was m will. -e#ocation is not #alid. 1here is no animus or intent to re#o3e. Notes: 1. 5ow much destruction of the corpus do ou need/ =ou need the ph sical destruction of the will itself. Does it mean total destruction of the will* so that nothing will &e left/ (o. %s long as there is e#idence of ph sical destruction* li3e let us sa * edges were &urned. If onl the co#er was &urned* there is no re#ocation,, no corpus. If the destruction was not total* there is still re#ocation* as long as there is4 was e#idence of the destruction of the will* the destruction need not &e total. 2. % man can not re#o3e the will effecti#el &ec. of insanit . !. In case of tearing* there must &e intent to re#o3e. 1hat is* the testator had completed what he intended to &e done. If in the act of tearing* the testator was dissuaded not to continue* is there re#ocation/ (o* &ec. the testator was not a&le to do what he intended to &e done. E.g.* If the testator tore the will into 2* and when he was a&out to tear it into quarters* the heir as3ed for his forgi#eness. 1he testator said' 2Eust paste the will.2 Is there re#ocation/ (one. 1here is no animus &ec. he was not a&le to complete what he intended to do. $. If the testator totall destro ed the will and he changed his mind* is there re#ocation/ =es. 1he act was alread consummated. 5is remed is to execute another will. 9aloto #. 8%.,, In the case* the estate was distri&uted equall & intestac &et. the $ heirs. Su&sequentl * a will was found. In the will* more was gi#en to 2 of the heirs. %s such* the 2 who got more sought the pro&ate of the will. 1he other 2 o&<ected claiming that the will had &een re#o3ed. 1he issue is whether or not there had &een a #alid re#ocation. 1he S8 held no. .hile there ma ha#e &een intent to re#o3e* there was no corpus. 1here is no e#idence to show that what was re#o3ed was the will of the testator. %lso* the destruction was not pro#en to ha#e &een done in the presence and under the expression of the testator.
"%;E !?

;ago #. 9amu ac.,, .here the will can not &e located at the time of the death of the testator &ut was shown to ha#e &een in the possession or control of the testator when last seen* the presumption is that in the a&sence of competent e#idence to the contrar * the will was cancelled or destro ed & the testator. 1he rationale is that it is hard to pro#e the act of re#ocation of the testator. 1he presumption is disputa&le. I' In the case* what if the will was not seen in the possession of the testator/ .ill there &e the same presumption of re#ocation/ %' 1he case does not sa so. 0ut & analog * es. 1he S8* howe#er* had not gone this far. Art. C57. Subse'uent +i s +,ic, do not revoEe t,e "revious ones in an e>"ress !anner: annu on y suc, dis"ositions in t,e "rior +i s as are inconsistent +it, or contrary to t,ose contained in t,e atter +i s. 0alane' 1his is included as an element in re#ocation & su&sequent instrument. Art. C59. A revocation !ade in a subse'uent +i s,a taEe effect: even if t,e ne+ +i s,ou d beco!e ino"erative by reason of t,e inca"acity of t,e ,eirs: devisees or egatees designated t,erein: or by t,eir renunciation. 0alane' ;eneral -ule' Doctrine of %&solute -e#ocation.,, 1he re#ocation of a prior will & means of a su&sequent will is a&solute. Such re#ocation does not depend on' 1. 8apacit of heirs* de#isees* and legatees in the 2nd will; or 2. )n their acceptance. 1he re#ocation will &e operati#e e#en the heirs* de#isees* or legatees named in the re#o3ing will are disqualified or the renounce. E.g.* .ill 1.,, 2I gi#e m house and lot to %.2 (1DD>) .ill 2.,, 2I gi#e m house to 0 and here& re#o3e m first will.2 (1DD@) Suppose* upon the testators:s death* 0 renounces or is incapacitated* what is the effect/ 1he institution of % is still re#o3ed. 5ouse and lot will go & intestac . 1he first will not &e re#i#ed & the reason of the inoperation of the re#o3ing will due to its renunciation or the incapacit of heirs* de#isees* or legatees in it. 1he rationale is that the second will was #alid except that it was rendered inoperati#e. Exception' Doctrine of Dependent -elati#e -e#ocation.,, -e#ocation of the first will is made & the testator to &e dependent on the capacit and acceptance of the heirs* de#isees* and legatees of the su&sequent will. 5ow do ou 3now/ 1he testator said so in the will. E.g.* .ill 1.,, 2I gi#e m car to %.2 (1DD>) .ill 2.,, 2I gi#e m car to 0. Such legac is dependent upon the capacit and acceptance of 0.2 (1DD@) 1he institution of 0 is conditional. "rimar institution,, 0; Secondar institution,, %. Art. C55. A revocation of a +i based on a fa se cause or an i ega cause is nu and void.
"%;E !@

0alane' Is this article #iolati#e of the right to re#o3e* e#en without reason/ (o. 1he testator need not ha#e a reason to re#o3e his will. 5e ma re#o3e it capriciousl or whimsicall at pleasure. 0ut if the re#ocation is due to mista3e or is &ased on some cause and such cause was later pro#en to &e false* then the re#ocation is #oid &ec. all transactions &ased on mista3e are #itiated* that is* ou are acting on a false cause of facts. 1he cause* howe#er* must &e stated in the will. 1his shows respect for the freedom of the testator to re#o3e* that his real intent &e followed. E.g.* a. 0ased on fact (3ind of dependent relati#e re#ocation &ec. he would re#o3e onl if his information is true.),, I instituted 8 as m heir. +ater* I heard that it was 8 who 3illed m &rother in Da#ao. So* I re#o3ed m will. 0ut it turned out that 8 did not do it. -e#ocation therefore is #oid. &. 0ased on impression.,, I gi#e m car to 0 who is from 9anila. I re#o3e m designation of 0 &ec. I ha#e <ust found out that she is from IueAon and I hate people from IueAon &ec. the are arrogant and o&noxious. Is the re#ocation #alid/ =es. 0ec. the re#ocation is &ased on impression or is out of caprice* pre<udice* or unfounded ethnic opinion. E e!ents for Revocation to be Ino"erative: a. &. c. d. 8ause must &e a concrete and a factual one; 8ause must &e false; 1estator must not 3now of its falsit ; It appears on the face of the will that the testator is re#o3ing &ec. of the false cause.
Art. C5=. $,e recognition of an i egiti!ate c,i d does not ose its ega effect: even t,oug, t,e +i +,erein it +as !ade s,ou d be revoEed. 0alane' 1his pro#ision is particularl true under the (88 &efore the enactment of the 68. )ne of the modes of recognition was & a will. E#en if the will is re#o3ed* recognition is #alid. -ecognition is irre#oca&le. .h / 0ec. it is not a testamentar act &ut an act w4c under the law admits a relationship of paternit . 1he same rule is still applica&le under the 68. Subsection 4.&& #epu"lication and #evival of Wills.. Art. C5A. $,e testator cannot re"ub is,: +it,out re"roducing in a subse'uent +i : t,e dis"ositions contained in a "revious one +,ic, is void as to its for!. . Art. C5@. $,e e>ecution of a codici referring to a "revious +i ,as t,e effect of re"ub is,ing t,e +i as !odified by t,e codici . 0alane' %rt. B!> is deri#ed from %rgentine 8ode. If ou want to re#i#e a will w4c is #oid as to its form* ou must repu&lish the will and <ust cannot refer to it. Example* %ttested will w4 <ust 2 witnesses. =ou disco#ered the mista3e later on. =ou cannot <ust repu&lish it. =ou ha#e to write it all o#er again.
"%;E !B

)n the other hand* %rt. B!? is deri#ed from the 8alifornia code. 1he mere reference to a pre#ious will will re#i#e it -esult of the two articles' 8haosK 5ow to reconcile/ +oo3 at 1olentino. %rt. B!> explicitl refers to wills #oid as to form. 8ause of the nullit is the defect in the form. =ou must reproduce the dispositions in a su&sequent will. %rt. B!? applies if the reason of nullit is other than defecti#e form* e.g.* 7nderage testator* fraud* under duress. =ou ma repu&lish or refer to the will. E.g.* 2I here& repu&lish and re#i#e m will of )ct. 1>* 1DD>...2 Said repu&lication was made after the disco#er of the reason of the nullit .
Art. C54. If after !aEing a +i : t,e testator !aEes a second +i e>"ress y revoEing t,e first: t,e revocation of t,e second +i does not revive t,e first +i : +,ic, can be revived on y by anot,er +i or codici . 0alane' %. 1his pro#ision is craA KKK Situation' F ma3es a will in 1DD! (.ill 1) F ma3es a will in 1DD$ expressl re#o3ing will 1. (.ill 2.) F ma3es a will in 1DD> re#o3ing will 2. (.ill !.)
-e#ocation Instanter-- instantl .ill 1 is not re#i#ed &ec. its re#ocation was instant Exception' 1. .ill ! expressl re#i#es .ill 1. 2. will ! reproduces pro#isions of .ill 1.
.h craA / 0ec. this is contrar to esta&lished principles in succession. Succession "rinciple 1. .ill ta3es effect upon death. %rt. B!@ 1. ;i#es the will 2 effects ante mortem* e#en if the testator is still ali#e. It ma3es the will operati#e e#en if the testator is ali#e. 2. 9a3es it irre#oca&le.
2. -e#oca&ilit of wills.
0. %pplies onl when re#ocation of will 1 & will 2 is express. 0 contrar implication* if re#ocation of will 1 & will 2 is implied* then re#ocation of will 2 & will ! will re#i#e will 1 except if will ! is incompati&le w4 will 1. In such cases* %rt. B!@ does not appl .
"%;E !D

Subsection C.&& %llo ance and $isallo ance of Wills. Art. C5C. No +i s,a "ass eit,er rea or "ersona "ro"erty un ess it is "roved and a o+ed in accordance +it, t,e Ru es of Court. $,e testator ,i!se f !a: during ,is ifeti!e: "etition t,e court ,aving 3urisdiction for t,e a o+ance of ,is +i . In suc, case: t,e "ertinent "rovisions of t,e Ru es of Court for t,e a o+ance of +i s after t,e testatorGs deat, s,a govern. $,e Su"re!e Court s,a for!u ate suc, additiona Ru es of Court as !ay be necessary for t,e a o+ance of +i s on "etition of t,e testator. Sub3ect to t,e rig,t of a""ea : t,e a o+ance of t,e +i : eit,er during t,e ifeti!e of t,e testator or after ,is deat,: s,a be conc usive as to its due e>ecution. 0alane' "ro&ate is mandator . 1here are 2 3inds of pro&ate' (a) ante-mortem at the instance of the testator; (&) post, mortem at the instance of an interested part . Effect' It is su&<ect to appeal &ut once final* it &ecomes conclusi#e or res !udicata as to its due execution and testamentar capacit of the testator (extrinsic #alidit .) Advantages of %nte-mortem Probate: 1. It eases the mind of the testator 2. 1here is opportunit to change !. =ou can pro#e the capacit of the testator %isadvantage of %nte-mortem Probate.&& otios,, superfluous* futile. .h / 0ec. the testator can easil ma3e a su&sequent will re#o3ing it. So unless the testator is #er sure* it might &e useless to ha#e an ante-mortem pro&ate. 1he issue in pro&ate is the extrinsic or formal #alidit of the will. ;eneral rule' Intrinsic or su&stanti#e #alidit is not in issue. Exception' 1here is an intrinsic defect on the face of the will. (epomoceno #. 8%.,, In the case* the testator left his entire estate to his legal wife and children &ut de#ised the free portion to his common,law wife. .hen the common,law wife sought the pro&ate of the will* the 8% declared the will #alid* &ut held the de#ise to the common, law wife null and #oid for &eing contrar to %rt. @!D of the (88. In effect* the court ruled on the intrinsic #alidit of the will in the pro&ate proceedings. .as the holding of the 8% correct/ 1he S8 held that it was correct. %lthough the general rule is that onl extrinsic #alidit could &e at issue during the pro&ate* this rule is not a&solute. ;i#en exceptional circumstances* the pro&ate court ma do what the situation constrains it to do & passing upon certain pro#isions of the will. 8learl * the de#ise for the common,law wife was #oid. 1he 8% had the authorit to rule on such nullit . It would &e practical for the court to rule on such an o&#ious matter. )therwise* the pro&ate might &ecome an idle ceremon if on its face it appears to &e intrinsicall #oid. ;allanosa #. %rcangel, "ro&ate are proceedings in rem and are mandator . If the
"%;E $C

pro&ate is allowed* it &ecomes conclusi#e as to its extrinsic #alidit which pro#ides that' 1. 1he testator was of sound mind when he executed the will. 2. 1he testator was not acting under duress or fraud,, his consent was not #itiated !. 1he will was executed in accordance w4 the formalities required & law $. 1he will is genuine and not a forger I' .hat if after the pro&ate court &ecomes final a person was charged w4 forger of the will* can he can he &e con#icted/ %' (o* the pro&ate is conclusi#e as to the will:s genuineness e#en against the state. De la 8erna #. -e&eca,"otot.,, 1his case in#ol#es a <oint will executed & a hus&and and a wife. 1he hus&and died &efore the wife and the will was pro&ated. (ow* the wife died and the testamentar heirs sought the pro&ate of the will. .ill the will &e pro&ated/ (o. 1he S8 held that the first pro&ate was #alid onl as to the share of the hus&and. 5owe#er* such earlier pro&ate cannot &e applied for the share of the wife &ec. she was still li#ing at the time the first pro&ate was made. %s such* there is no res !udicata as to the share of the wife. %s to the wife* since it is against a <oint will* then it is #oid and her propert will pass & intestac . Art. C56. $,e +i s,a be disa o+ed in any of t,e fo o+ing cases: )7* If t,e for!a ities re'uired by a+ ,ave not been co!" ied +it,8 )9* If t,e testator +as insane: or ot,er+ise !enta y inca"ab e of !aEing a +i : at t,e ti!e of its e>ecution8 )5* If it +as e>ecuted t,roug, force or under duress: or t,e inf uence of fear: or t,reats8 )=* If it +as "rocured by undue and i!"ro"er "ressure and inf uence: on t,e "art of t,e beneficiary or of so!e ot,er "erson8 )A* If t,e signature of t,e testator +as "rocured by fraud8 )@* If t,e testator acted by !istaEe or did not intend t,at t,e instru!ent ,e signed s,ou d be ,is +i at t,e ti!e of affi>ing ,is signature t,ereto. 0alane' 1his enumeration is exclusi#e. 1he either ma3e the will #oid or #alid. 1here is no such thing as a #oida&le will. 1. 6ormalities.,, %rt. BC> et seq. 2. Insanit .,, %rt. @DD !. 6orce.,, #iolence,, %rt. 1!!> par. 1 Duress,, intimidation,, %rt. 1!!> par. 2 $. 7ndue and Improper pressure and influence.,, %rt. 1!!@ >. 6raud.,, %rt. 1!!B ?. 9ista3e.,, %rt. 1!!1. Section 9.&& Institution of Heir. Art. C=D. Institution of ,eir is an act by virtue of +,ic, a testator designates in ,is +i t,e "erson or "ersons +,o are to succeed ,i! in ,is "ro"erty and trans!issib e rig,ts and ob igations.
"%;E $1

0alane' 1he rules on institution of heir also appl to de#isees and legatees.
Art. C=7. A +i s,a be va id even t,oug, it s,ou d contain an institution of an ,eir: or suc, institution s,ou d not co!"rise t,e entire estate: and even t,oug, t,e "erson so instituted s,ou d not acce"t t,e in,eritance or s,ou d be inaca"acitated to succeed. In suc, cases t,e testa!entary dis"ositions !ade in accordance +it, a+ s,a be co!" ied +it, and t,e re!ainder of t,e estate s,a "ass to t,e ega ,eirs. 0alane' 1. E#en if there is no institution of an heir* the will is #alid* &ut it is useless unless it ac3nowledges an illegitimate child or disinherits a compulsor heir. 2. If the institution does not co#er the entire estate* the excess shall either go to the compulsor heirs or & intestac . (9ixed succession.) !. 5ow much can the testator dispose of from his estate/ 5e can dispose all* except when there are compulsor heirs. In such a case* he can onl dispose of the free portion. $. ;eneral rule' If the will does not institute an heir* it need not &e pro&ated. Exception' E#en if it does not institute an heir* if an of the following are present' a. .hen the will recogniAes an illegitimate child; &. .hen it disinherits a compulsor heir; c. .hen it instituted an executor. >. If the instituted heir should repudiate or &e incapacitated to inherit* then legal succession ta3es place. Art. C=9. One +,o ,as no co!"u sory ,eirs !ay dis"ose by +i of a ,is estate or any "art of it in favor of any "erson ,aving ca"acity to succeed. One +,o ,as co!"u sory ,eirs !ay dis"ose of ,is estate "rovided ,e does not contravene t,e "rovisions of t,is Code +it, regard to t,e egiti!e of said ,eirs. 0alane' F ,,,,,,,, spouse 4 L M % 0 8 F has a spouse and ! children. 8hildren get 142 of the estateM ,,,,,,, +egitimes Spouse gets 14? of the estate4
Art. C=5. $,e testator s,a designate t,e ,eir by ,is na!e and surna!e: and +,en t,ere are t+o "ersons ,aving t,e sa!e na!es: ,e s,a indicate so!e circu!stance by +,ic, t,e instituted ,eir !ay be Eno+n. Even t,oug, t,e testator !ay ,ave o!itted t,e na!e of t,e ,eir: s,ou d ,e
"%;E $2

designate ,i! in suc, !anner t,at t,ere can be no doubt as to +,o ,as been instituted: t,e institution s,a be va id. 0alane' ;eneral rule' %n heir must &e designated & name and surname. 1his also applies to de#isees and legatees. If there are 2 or more people ha#ing the same name and surname* the testator must indicate some identif ing mar3 or circumstance to which he ma &e 3nown* otherwise there ma &e a latent am&iguit . E.g.* I institute m cousin %. 0ut I ha#e ! cousins & the name of %. 7nless I gi#e an identif ing mar3 or circumstance as to w4c cousin % I refer to* there will &e a latent am&iguit . Exception' E#en w4o gi#ing the name* the identit of the heir can &e ascertained w4 sufficient certaint or clarit * e.g. the present Dean of the 7" 8ollege of +aw* m oldest &rother. .hat is important is that the identit of the heir &e 3nown and not necessaril his name. Art. C==. An error in t,e na!e: surna!e: or circu!stances o f t,e ,eir s,a not vitiate t,e institution +,en it is "ossib e: in any ot,er !anner: to Eno+ +it, certainty t,e "erson instituted. If a!ong "ersons ,aving t,e sa!e na!es and surna!es: t,ere is a si!i arity of circu!stances in suc, a +ay t,at: even +it, t,e use of ot,er "roof: t,e "erson instituted cannot be identified: none of t,e! s,a be an ,eir. 0alane' 1. "aragraph 1.,, E#en though there ma &e an error in the name of the heir* the error is immaterial if his identit can &e 3nown in an other manner. 2. "aragraph 2.,, See the rules on latent am&iguit . 6irst' 7se extrinsic e#idence except the oral declarations of the testator as to his intentions to cure the am&iguit . Second' If am&iguit still exists* none of them will inherit. Art. C=A. Every dis"osition in favor of an unEno+n "erson s,a be void: un ess by so!e event or circu!stance ,is identity beco!es certain. .o+ever: a dis"osition in favor of a definite c ass or grou" of "ersons s,a be va id. 0alane' 1. 8an the testator gi#e his entire free portion to a person he does not personall 3now/ =es. 1he 2un3nown person2 referred to in this article refers to one who cannot &e identified and not to one whom the testator does not personall 3now. 1he &asis of the nullit is the ina&ilit to determine the intention of the testator. E.g.* 21o someone who cares.2 ,, Goid. 21o someone w4 ten e es.2 ,, Goid* this refers to someone who does not exist.
1his designation is #alid if the identit is not 3nown at the time of ma3ing the will &ut can &e 3nown in the future & circumstances. 5ow/ 0 esta&lishing certain criteria at the proper time* e.g.* 6irst 6ilipino who wins a gold medal in the )l mpics.
"%;E $!

2. 8lass designation is #alid* class in 8i#il +aw -e#iew* 7" 8ollege of +aw* 1DD>,1DD?. 9ass institution' see %rticles @B?* B$B (&rothers and sisters)* B$D (designation of a person and his children) D>D (relati#es)* 1C2D (pra ers and pious wor3s for the &enefit of his soul)* and 1C!C (poor.) Art. C=@. .eirs instituted +it,out designation of s,ares s,a in,erit in e'ua "arts. 0alane' 1his is a presumption of equalit . 1his supports the underl ing principle of this chapter w4c is respect for the wishes of the testator. Art. C=4. /,en t,e testator institutes so!e ,eirs individua y and ot,ers co ective y as +,en ,e says: BI designate as !y ,eirs A and B: and t,e c,i dren of C:B t,ose co ective y designated s,a be considered as individua y instituted: un ess it c ear y a""ears t,at t,e intention of t,e testator +as ot,er+ise. 0alane' "ro&lem' 1he testator pro#ides 2I gi#e 14! of m estate to %* 0 and 8.2 8 is a class of people. 5ow do ou di#ide the estate/ %' It is not to &e interpreted as 14! to %* 0 and class 8. -ather* the 14! of the estate should &e di#ided equall among %* 0 and the mem&ers of class 8. .h / 0ec. the presumption is that the mem&ers of 8 were indi#iduall designated. 0ut if the testator sa s 2I gi#e 14! of m estate to %* 0 and class 8 as a unit* then 14! will &e di#ided equall among %* 0 and class 8. Art. C=C. If t,e testator s,ou d institute ,is brot,ers and sisters: and ,e ,as so!e of fu b ood and ot,ers of ,a f b ood: t,e in,eritance s,a be distributed e'ua y: un ess a different intention a""ears. 0alane' 6ull &lood means same parents; half &lood means onl one parent is the same. ;eneral rule' 0rothers and sisters* whether full or half &lood* inherit in equal shares. Exceptions' (a) If the testator pro#ides otherwise in the will (&) If the inherit & intestac . -atio is 2'1 in fa#or of full &lood &rothers and sisters. (%rt. 1CC?.) Art. C=6. /,en t,e testator ca s to t,e succession a "erson and ,is c,i dren: t,ey are a dee!ed to ,ave been instituted si!u taneous y and not successive y. 0alane' 1his article is a species of %rt. B$@. Successi#el refers to fideicommisary. Art. CAD. $,e state!ent of a fa se cause for t,e institution of an ,eir s,a be considered as not +ritten: un ess it a""ears fro! t,e +i t,at t,e testator +ou d not ,ave !ade suc, institution if ,e ,ad Eno+n t,e fa sity of suc, cause. 0alane' ;eneral rule' E#en if the cause if false* institution is effecti#e. .h / 0ec. cause of the
"%;E $$

institution is the li&eralit of the testator and not the cause stated. I' 2% is the tallest in the class. I gi#e him 142 of m estate.2 If % is not the tallest* is the institution ineffecti#e/ %' (o. 6ollow the general rule &ec. the real cause was not the height &ut the li&eralit of the testator. %ustria #. -e es.,, In the case* the oppossitor sought to nullif the institution of the adopted children as heirs &ec. it was found out that the adoption did not compl w4 the law. 1he S8 held that the institution was #alid. 6or it to &e in#alid* and &e an exception to the general rule* ! requisites must concur' 1. 8ause for the institution must &e stated in the will; 2. 8ause must &e shown to &e false; !. It must appear on the face of the will that the testator would not ha#e made such institution if he had 3nown the falsit of the cause. 1he wishes of the testator must &e respected. In the case* the third requisite was a&sent. %s such* the exception was not applica&le and the general rule would appl . If there is dou&t as to whether there is a #alid institution &ec. of the false cause* resol#e it in fa#or of #alidit . Art. CA7. If t,e testator ,as instituted on y one ,eir: and t,e institution is i!ited to an a i'uot "art of t,e in,eritance: ega succession taEes " ace +it, res"ect to t,e re!ainder of t,e estate. $,e sa!e ru e a"" ies: if t,e testator ,as instituted severa ,eirs eac, being i!ited to an a i'uot "art: and a t,e "arts do not cover t,e +,o e in,eritance. 0alane' 1he principle enunciated here has alread &een pro#ided in %rt. B$1. %ssuming in par. 1 a. 1he testator has no compulsor heirs ,, part of the whole estate not disposed of & will goes & intestac . E.g.* (o compulsor heirs and the testator sa s 2I gi#e 14! of m estate to F.2 14! will go to F and the 24! will go & intestac . &. 1estator has compulsor heirs,, part of the free portion not disposed of & will goes & intestac . E.g.* 1wo legitimate children and testator sa s 2I gi#e 14$ of m estate to F.2 142 will go to the 2 children* 14$ will go to F* and 14$ will go & intestac . 1he same applies when a #acanc occurs. Art. CA9. If it +as t,e intention of t,e testator t,at t,e instituted ,eirs s,ou d beco!e so e ,eirs to t,e +,o e estate: or t,e +,o e free "ortion: as t,e case !ay be: and eac, of t,e! ,as been instituted to an a i'uot "art of t,e in,eritance and t,eir a i'uot "arts toget,er do not cover t,e +,o e in,eritance: or t,e +,o e free "ortion: eac, "art s,a be increased "ro"ortiona y.
"%;E $>

0alane' 1his article spea3s of the testator:s intention to gi#e the entire free portion* or the entire inheritance* as the case ma &e* &ut he made a mista3e in the addition of the different proportions. Elements' 1. Se#eral heirs; 2. Indicates his intention to gi#e his entire estate to this heirs a. If no compulsor heirs* whole estate &. If w4 compulsor heirs* whole free portion !. Indicates portions he wants to gi#e to each $. 1otal of portions is less than whole estate or free portion* as the case ma &e. E.g.* 1estator has no compulsor heirs. 5e indicates in the will that his intention to gi#e his entire estate to his heirs. 5e gi#es 14$ to %* 14? to 0* 14! to 8. 1he estate is worth "12C*CCC. % 0 8 "!C*CCC 2C*CCC $C*CCC "DC*CCC
.hat do ou do with the remaining "!C*CCC/ 1. ;et the least common denominator,, 12 %N !412* 0N 2412* 8N $412 2. ;et the ratio of the shares w4 each other. % (!) ' 0 (2) ' 8 ($) , ! O 2 O $ N D !. 9ultipl the remainder & the share of each heir w4 respect to the ratio in num&er 2. 6or %* !4D x !C*CCC N 1C*CCC 6or 0* 24D x !C*CCC N ?*???.?@ 6or 8* $4D x !C*CCC N 1!*!!!.!! $. %dd the result to what the originall recei#ed and the sum will &e their complete inheritance. 6or %* !C*CCC O 1C*CCC N $C*CCC 6or 0* 2C*CCC O ?*???.?@ N 2?*???.?@ 6or 8* $C*CCC O 1!*!!!.!! N >!*!!!.!! >. %dd our figures in num&er $ to ma3e sure that it equals to the #alue of the entire estate. (1o ma3e sure that ou did not ma3e a mista3e.) $C*CCC O 2?*???*?@ O >!*!!!.!! N 12C*CCC (ote' ?. If ou want to get the inheritance of each right awa * multipl the ratio in num&er ! with the #alue of the whole estate. 6or %* !4D x 12C*CCC N $C*CCC 6or 0* 24D x 12C*CCC N 2?*???.?@ 6or 8* $4D x 12C*CCC N >!*!!!.!!
"%;E $?

=ou get the same results &ut faster. Art. CA5. If eac, of t,e instituted ,eirs ,as been given an a i'uot "art of t,e in,eritance: and t,e "arts toget,er e>ceed t,e +,o e in,eritance: or t,e +,o e free "ortion: as t,e case !ay be: eac, "art s,a be reduced "ro"ortiona y. 0alane' 1he same principle as in %rt. B>2* onl this time ou decrease. Elements' 1 to ! ,, same as those in %rt. B>2 $. 1otal of portion exceeds the whole estate* or whole free portion* as the case ma &e E.g.* same as a&o#e except that % gets 142* 0 gets 14!* and 8 gets 14$. 1he #alue of the estate is "!C*CCC. % 0 8 1>*CCC 1C*CCC @*>CC !2*>CC
.hat do ou do w4 the excess of "2*>CC/ 1. ;et the +8D* 12 % N ?412* 0 N $412* 8 N !412 2. ;et the ratio of the shares with each other % (?) ' 0 ($) ' 8 (!) , ? O $ O ! N 1! !. 9ultipl the excess & the share of each heir in the ratio in num&er 2. 6or %* ?41! x 2*>CC N 1*1>!.B$ 6or 0* $41! x 2*>CC N @?D.2! 6or 8* !41! x 2*>CC N >@?.D! $. Su&tract the results in num&er ! from what each heir was to recei#e initiall . 6or %* 1>*CCC , 1*1>!.B$ N 1!*B$?.1? 6or 0* 1C*CCC , @?D.2! N D*2!C.@@ 6or 8* @*>CC , >@?.D! N ?*D2!.C@ >. %dd the figures in num&er $ to ma3e sure it equals to the #alue of the whole estate. 1!*B$?.1? O D*2!C.@@ O ?*D2!.C@ N !C*CCC (ote' ?. If ou want to get the inheritance of each right awa * multipl the ration in num&er ! & the #alue of the estate. 6or %* ?41! x !C*CCC N 1!*B$?.1? 6or 0* $41! x !C*CCC N D*2!C.@@
"%;E $@

6or 8* !41! x !C*CCC N
?*D2!.C@
I' If the testator ma3es ! wills. .ill 1,, 2I gi#e $CP of m estate to %.2 .ill 2,, 2I gi#e $CP of m estate to 0.2 .ill !,, 2I gi#e $CP of m estate to 8.2 5ow will the estate & di#ided/ 1here are two answers. 1. 14! will go to each. %ppl %rt. B>!. 2. 8 gets $CP* 0 gets !CP* and % gets !CP. %ssume the third will is incompati&le to the first 2. Art. CA=. $,e preterition or o!ission of one: so!e: or a of t,e co!"u sory ,eirs in t,e direct ine: +,et,er iving at t,e ti!e of t,e e>ecution of t,e +i or born after t,e deat, of t,e testator: s,a annu t,e institution of ,eir8 but t,e devisees and egacies s,a be va id insofar as t,ey are not inofficious. If t,e o!itted co!"u sory ,eirs s,ou d die before t,e testator: t,e institution s,a be effectua : +it,out "re3udice to t,e rig,t to re"resentation. 0alane' %. 8larification' 1. 2.hether li#ing at the time of the execution of the will or &orn after the death of the testator.2 1his does not co#er all the possi&ilities. .hat a&out those &orn after the execution of the will &ut &efore the death of the testator/ %rt. B>$ also co#ers them* <ust an o#ersight. 2. Extends protection onl to 2compulsor heirs in the direct line.2 Is this redundant/ %ren:t compulsor heirs in the direct line/ (o. Spouses are compulsor heirs not in the direct line. So what is the remed of the wife who has &een omitted/ Demand her legitime. 8ompulsor heirs in the direct line co#er onl ascendants and descendants. 0. Preterition.-, 2praeter2 means 2to go &e ond2 ,, not enough to 3now the meaning. 1. .ho is a person preterited/ 9anresa.,, 28omplete omission from the will2 ,, .rongK .h / It presupposes that if mentioned in the will* then the heir is not preterited. 5owe#er* whether ou are mentioned in the will or not has no effect on the preterition. Illustrations' (1) I ha#e a son* %. 1he will states 2I gi#e 142 to 0.2 % is not preterited &ec. he gets the other half. (2) I ha#e a son* %. 1he will states 2I gi#e 14! to 0 and 14! to 8.2 % is not preterited &ec. he gets the other 14!. 5is legitime* howe#er* is impaired. (!) I ha#e a son* %. 1he will states 2I gi#e 142 to 0* 142 to 0* and to %* all m lo#e.2 %* e#en if mentioned in the will* was preterited. Preterition occurs if the heir recei#es nothing from the inheritance & testamentar disposition* de#ise* legac * intestac * or donation inter vivos. wa of
"%;E $B

2. Situations a. 5eir is mentioned &ut nothing is left to him,, 5eir is preterited if he recei#es nothing & intestac . &. 5eir is instituted in the will &ut the part she is instituted in is less than her legitime.,, 1here is no preterition. -e es #. 0arreto,Datu.,, In the case* +ucia recei#ed a part of the estate through a <udiciall appro#ed pro<ect of partition w4c was &ased on the will of her father. 5owe#er* it was found out later on that he Salud was not reall the child of her parents. %s such* +ucia sought to annul the institution of Salud as heir claiming that she was preterited. 1he S8 held that she was not preterited &e. she had recei#ed a part of the estate. 1here is no preterition if the heir is gi#en testamentar disposition* e#en if it &e less than her legitime. 1he remed of the heir is for the completion of her legitime pursuant to %rt. DC?. !. Definition of preterition.-, Preterition happens when the compulsor heirs in the direct line are totall omitted from the inheritance* that is the heir got nothing & wa of testamentarr disposition* donation* legac * de#ise or intestac . 8. .ho can &e preterited/ 1. +egitimate children,, =es. 2. Illegitimate children,, =es. 1he law ma3es no distinction. !. "arents* whether legitimate or illegitimate.,, =es. (uguid #. (uguid.,, In the case* -osa died ha#ing ? &rothers and sisters and her parents. 5owe#er* she instituted one of her sisters as her uni#ersal heir. 1he parents opposed the pro&ate claiming the were preterited. 1he S8 held that the parents were preterited. %s such* the institution of the sister as uni#ersal heir is #oid. 1he estate will &e distri&uted & intestac . 1he S8 further stated that <ust &ec. ou are an heir* &ut not a compulsor heir* it does not mean that ou will recei#e an thing. If compulsor heirs in the direct line are preterited* and the free portion had alread &een de#ised to other people* the annulment of the institution of heir will in effect anull our institution. %lso* when the law sa s de#ise or legac * this is used in its ordinar sense. 1he claim of the sister that her institution as a uni#ersal heir is equi#alent to a de#ise is untena&le. If such were accepted* it would render %rt. B>$ useless. $. ;randparents.,, =es. >. Spouse.,, (o. ?. %dopted child.,, =es. %cain #. %cain.,, In the case* %cain left his estate to his &rothers* completel omitting his wife and legall adopted daughter. %s such* the two opposed the pro&ate of the will claiming the were preterited. 1he S8 held that the adopted child was preterited &ut not the wife. % wife is not a compulsor heir in the direct line so she cannot &e preterited. .ith respect to the adopted child* it is different. 7nder %rt. !D of "D ?C!* adoption gi#es to the adopted person the same rights and duties as if he were a legitimate child of the adopter and ma3es the adopted person a legal heir of the adopter. 1he S8 further stated that since there were no de#ises or legacies* and a compulsor heir was preterited* the effect is* as if nothing was written in the will. 1he whole estate will &e distri&uted & intestac . D. Effect of preterition.-, 2%nnul the institution of heir &ut de#ises and legacies shall &e #alid insofar as the are not inofficious.2 ,, %&rogate* set aside* eliminate* cancel.
"%;E $D

1. Effect of preterition (of parents) when there are no de#ises or legacies ((uguid case),, whole will is considered inexistent. 2. If there are de#ises or legacies.,, Set aside onl the institution of heirs &ut not the institution of de#isees and legatees. If the de#ise and legac exceed the free portion* decrease the de#ise and legac . Solano #. 8%.,, 1his case made a wrong decision. It made the effect of preterition the reduction of the share of the instituted heir rather than annulling the whole institution of heir. %cain #. I%8.,, 1his case restored the correct interpretation laid down in (uguid that preterition annuls the institution of heirs. E.g.* 1estator has son* %. 5is will states 2I gi#e 142 of m estate to % and "!CC*CCC to (.2 1he estate is worth "?CC*CCC. 5ow much will each get/ ( gets !CC*CCC. % gets the other !CC*CCC. 9 gets nothing. E. 8riticism 1. .h not extend the application to the wife/ 2. .h distinguish &etween heir and de#isee and legatee/ ()1E' 1his is the onl case where it is important to 3now the distinction &etween heir* on the one hand* and de#isee and legatee on the other. Art. CAA. $,e s,are of a c,i d or descendant o!itted in a +i !ust first be taEen fro! t,e "art of t,e estate not dis"osed of by t,e +i : if any8 if t,at is not sufficient: so !uc, as !ay be necessary !ust be taEen "ro"ortiona y fro! t,e s,ares of t,e ot,er co!"u sory ,eirs. 0alane' 1his is not a case of preterition. 1his is a case of completion of legitime. 1. Is this right limited or restricted to a child or descendant/ (o. It also applies to heirs similarl situated. a. spouse &. parents c. ascendants. 2. Does this appl to preterition/ a. =es.,, %ccording to the 8ode 8ommission. 1heir intent was to ma3e %rt. B>> appl to preterition. &. (o.,, If ou anal Ae the pro#ision* it does not refer to preterition. It applies when something is left to an heir &ut is less than his legitime. (i) Incomplete legitime.,, 2ta3en from part not disposed of & will2 ,, heir will recei#e something & intestac ,, no preterition. (ii) Preterition.-, If the whole estate is disposed of.,, ;o to %rt. B>$. !. 1wo errors a. .h is it limited onl to child or descendant/ 1his (article) should &e applica&le to an compulsor heir whose legitime is impaired or who recei#es less than his legitime. (1he
"%;E >C

latter) ma institute an action to complete his legitime. &. .here do ou get the share to complete/ 1. Gacant portion (undisposed) 2. If #acant portion is not enough,, 2compulsor heirs.2 ,, .-)(;. =ou do not reduce the shares of compulsor heirs &ut the shares of testamentar heirs. If the compulsor heir gets more than his legitime* the excess can &e reduced. .h / %s to the excess* he is considered a testamentar heir. Illustration' % has ! children* F* = and Q. 5is will states 2I gi#e F* 14! of m estate* %* 1412 of m estate* and 0* 142. 1he estate is worth ?CC*CCC. F N 14! N 2CC*CCC , excess 1CC*CCC Q N 1412 N >C*CCC , lac3s >C*CCC 0 N 142 N !CC*CCC = N C N C , lac3s 1CC*CCC +egitime , !CC*CCC4 ! N 1CC*CCC each. +ac3s 1>C*CCC (Q O =) 1. Is = preterited/ (o. 1here is >C*CCC that he will get & intestac . = can demand completion of his legitime under %rt. B>>. 5e can get >C*CCC from the undisposed portion. 5e <ust lac3s >C*CCC. .here do ou get the deficienc / a. If we follow %rt. B>>* get from the compulsor heirs. In other words* get from F and Q proportionatel . 1he result is that Q will complain &ec. now his legitime would &e incomplete. &. ;et the deficienc proportionall from testamentar heirs. .h / 1he are not entitled to an share if it impairs the legitime of the compulsor heirs. 1otal lac3 of legitimes ,, 1>C*CCC. 1. ;et the >C*CCC undisposed of ,, +ac3ing onl 1CC*CCC. 2. ;et proportionall from the shares of testamentar heirs. 1estamentar heirs' F N 1CC*CCC , 2>*CCC 0 N !CC*CCC , @>*CCC 1CC*CCC
Art. CA@. A vo untary ,eir +,o dies before t,e testator trans!its not,ing to ,is ,eirs. A co!"u sory ,eir +,o dies before t,e testator: a "erson inca"acitated to succeed: and one +,o renounces t,e in,eritance: s,a trans!it no rig,t to ,is o+n ,eirs e>ce"t in cases e>"ress y "rovided for in t,is Code. 0alane'
"%;E >1

Jind of 5eir 8ompulsor Goluntar Intestate
"redecease 1( -ep. 1( -ep. 1( -ep.
Incapacit 1( -ep. 1( (o -ep. 1( -ep.
-enunciation 1( (o -ep. 1( (o -ep. 1( (o -ep.
+egend'
1(,, 1ransmits (othing -ep.,, 1here is -epresentation (o rep.,, 1here is no representation.
)&ser#ations' 1. 1here is no transmission of an right from an heir to his own heirs for an of the three cases ("* I and -.) 1here is no exception. 2. 6or #oluntar * there is no representation* no matter what the reason for disqualification is !. 6or renunciation* there is no representation* no matter what 3ind of heir. Section 5.&& &u"stitution of Heirs. Art. CA4. Substitution is t,e a""oint!ent of anot,er ,eir so t,at ,e !ay enter into t,e in,eritance in defau t of t,e ,eir origina y instituted. 0alane' 1. 2In default.2 ,, failure to inherit &ecause of' (a) predecease* (&) renunciation or (c) incapacit . a. Is it a complete definition/ (o. It is incomplete &ec. default co#ers or defines onl simple su&stitution and not fideicommissary su&stitution. &. 8omplete definition.,, Su&stitution is the appointment of another heir so that he ma enter into the inheritance either in default of the heir originall instituted or after. Simple.,, Second heir enters after the default of the first .ideicommissary.-, Second heir enters after the first. 2. 0asis for su&stitution.,, It co#ers the free portion onl . 0ec. it is possi&le that the testator ma ha#e a second preference. In relation to the first heir instituted* the first is preferred o#er the su&stitute. 0ut in default or after the first* the testator would rather that the inheritance go to the su&stitute than & intestac . %llowing su&stitution is gi#ing respect to the first and second preference of the testator.
"%;E >2

1he power to ma3e su&stitution is &ased on the power to ma3e testamentar dispositions. 1his is reall a condition imposed on the institution of heirs. E.g.* % has sons whom he does not want to get the free portion. 5e wants to gi#e it to 0. 0ut 0 ma die &efore %. %fter 0* % prefers 8 to get it. %s &et. 8 and his children* % would rather that 8 get it. %s such* 8 is appointed & the testator as 0:s su&stitute. Art. CAC. Substitution of ,eirs !ay be: )7* Si!" e or co!!on8 )9* Brief or co!"endious8 )5* Reci"roca 8 or )=* Fideicommissary. 0alane' %. Jinds of Su&stitution' 1. Simple or common (%rt. B>D.) 2. .ideicommissary. (%rt. B?!.) 0. .h did we earlier define su&stitution w4 onl 2 3inds/ 0ec. there are onl 2 3inds. 0rief and reciprocal are <ust #ariations and not 3inds of su&stitutions. =ou cannot ha#e a purel reciprocal su&stitution. %ll su&stitutions are either simple or fideicommissary. 8. In the )88* there were two others' 1. /!emplar.,, % su&stitution a father was allowed to ma3e &ec. his son was insane. 1his was a 3ind of fideicommissary. 2. Popular.,, % su&stitution a father made in &ehalf of a child who died &efore he reaches 1B. Art. CA6. $,e testator !ay designate one or !ore "ersons to substitute t,e ,eir or ,eirs instituted in case suc, ,eir or ,eirs s,ou d die before ,i!: or s,ou d not +is,: or s,ou d be inca"acitated to acce"t t,e in,eritance. A si!" e substitution: +it,out a state!ent of t,e cases to +,ic, it refers: s,a co!"rise t,e t,ree !entioned in t,e "receding "aragra",: un ess t,e testator ,as ot,er+ise "rovided. 0alane' Simple Su&stitution. 1. 8auses4 grounds for the second heir to inherit in place of the first. a. "redecease of the first heir &. -enunciation of the first heir c. Incapacit of the first heir 2. 1wo wa s of ma3ing a simple su&stitution' a. Enumerate all the cases. E.g.* 2I institute %* in case % predeceases me* or renounces* or is incapacitated to succeed* then 0 will su&stitute him.2 &. 0 <ust calling it. E.g.* 2I institute %* and & wa of simple su&stitution* I institute 0 as su&stitute.2 In such
"%;E >!

a case* all the three causes of su&stitution will appl unless the testator pro#ides otherwise. (ote' 1he testator ma limit the operation of the ! causes. 5e can <ust mention what he wants to appl * e.g.* 2I institute %* and if he predeceases me* then 0 will su&stitute him.2 In such a case* 0 will onl su&stitute % if % dies &efore the testator. 5owe#er* if the cause is not co#ered & the causes gi#en in this article* then the estate will pass & intestac . Art. C@D. $+o or !ore "ersons !ay be substituted for one8 and one "erson for t+o or !ore ,eirs. 0alane' 1. 0rief or 8ompendious.,, )ne su&stitutes for two or more heirs or two or more su&stitutes for one heir* e.g.* 2I institute % to 14B of m estate and as his su&stitute & wa of simple su&stitution* I designate F and =.2 2. 1his is <ust a #ariation of either simple or fideicommissary. E.g.* simple,, loo3 at the example a&o#e. .ideicommissary-- 2I institute % to 142 of m estate and impose upon him the o&ligation to preser#e and transmit the propert upon his death to F and =.2 !. Strictl or technicall spea3ing* &rief and compendious are not the same. 0rief,, 2 or more for one heir; compendious ,, one for two or more heirs. (ote* howe#er* the are s non mous and ma &e used interchangea&l . $. "ro&lem' 2I institute %* 0 and 8 to 14! each of m estate and in case the all die &efore me* I institute D as su&stitute & wa of simple su&stitution.2 If % and 0 predecease the testator* will D get their shares/ (o. 1he su&stitution will ta3e effect onl upon the death of all the three. 5owe#er* if what the will stated was 2an or... all die &efore me*2 then D will get % and 0:s shares. Art. C@7. If ,eirs instituted in une'ua s,ares s,ou d be reci"roca y substituted: t,e substitute s,a ac'uire t,e s,are of t,e ,eir +,o dies: renounces: or is inca"acitated: un ess it c ear y a""ears t,at t,e intention of t,e testator +as ot,er+ise. If t,ere are !ore t,an one substitute: t,ey s,a ,ave t,e sa!e s,are in t,e substitution as in t,e institution. 0alane' -eciprocal su&stitution. 1he heirs are su&stituted for each other &ased on either simple or fideicommissary su&stitution. If &oth are disqualified* then no su&stitution will ta3e place and the estate will pass & intestac . Example of second sentence' 2I institute % to 14!* 0 to 14?* and 8 to 142 of m estate and & wa of simple su&stitution* I institute them as su&stitutes of one another.2 If 8 predeceases the testator* how will his share &e di#ided if the estate is worth "?C*CCC/ % N 14! N "2C*CCC 0 N 14? N 1C*CCC 8 N 142 N !C*CCC 5ow will the !C*CCC &e di#ided &etween % and 0/
"%;E >$

1. ;et the +8D of the remaining heirs. In the example* it is ?. 2. ;et the ratio &et. the remaining heirs and the sum of the ratios. % N 24?* 0 N 14?. 1he ratio &etween % and 0 is 2 ' 1. 1he sum of the ratios is !. !. 1wo wa s' a. Di#ide the !C*CCC & the sum of the ratios (!) and multipl the result & the ratio &et. them of each heir. !C*CCC4 ! N 1C*CCC. % N 2 x 1C*CCC N 2C*CCC 0 N 1 x 1C*CCC N 1C*CCC &. 9ultipl !C*CCC & the ratio of each heir with respect to the total ratio. % N 24! x !C*CCC N 2C*CCC; 0 N 14! x !C*CCC N 1C*CCC $. %dd the result in num&er ! to what the initiall recei#ed. % N 2C*CCC O 2C*CCC N $C*CCC; 0 N 1C*CCC O 1C*CCC N 2C*CCC. (ote' If ou want another wa to compute' 1. ;et the +8D &etween % and 0. In this case ?. % N 24?* 0 N 14? 2. ;et the ratio &etween % and 0. In this case* 2 ' 1* % N 24!* 0 N 14! !. 9ultipl the original share of 8 & the ratio in 2. % N 24! x 142 N 24?* 0 N 14! x 142 N 14? $. %dd the result in num&er ! to their original shares. % N 24? O 24? N $4?* 0 N 14? O 14? N 24? >. 9ultipl the result in num&er $ & the #alue of the estate. % N $4? x ?C*CCC N $C*CCC; 0 N 24? x ?C*CCC N 2C*CCC. Art. C@9. $,e substitute s,a be sub3ect to t,e sa!e c,arges and conditions i!"osed u"on t,e instituted ,eir: un ess t,e testator ,as e>"ress y "rovided t,e contrary: or t,e c,arges or conditions are "ersona y a"" icab e to t,e ,eir instituted. 0alane' In su&stitution* the 2nd heir ta3es the place of the first heir. % 3ind of su&rogation. %s such* the general rule is' 1he second is su&<ect to the same charges and conditions as the first heir. Exceptions' 1. 1estator has expressl pro#ided the contrar . 2. 8harges and o&ligations are personall applica&le to the first heir. 1he article does not onl co#er charges and conditions &ut also the rights of the first heir* su&<ect to the same exceptions.
Art. C@5. A fideicommissary substitution by virtue of +,ic, t,e fiduciary or first ,eir instituted is entrusted +it, t,e ob igation to "reserve and to trans!it to a second ,eir t,e +,o e or "art of t,e in,eritance: s,a be va id and s,a taEe effect: "rovided suc,
"%;E >>

substitution does not go beyond one degree fro! t,e ,eir origina y instituted: and "rovided: furt,er: t,at t,e fiduciary or first ,eir and t,e second ,eir are iving at t,e ti!e of t,e deat, of t,e testator. 0alane' 1our E e!ents of a Fideicommissary Substitution: 7. $,ere !ust be a first ,eir or fiduciary. 6or the su&stitution to operate* the first heir recei#es propert * either upon the death of the testator or upon the fulfillment of an suspensi#e condition imposed & the will. %s distinguished from a simple su&stitution where the second heir recei#es propert onl upon default of the first heir. 6irst heir does not recei#e the propert . 9. An abso ute ob igation is i!"osed u"on t,e fiduciary to "reserve and to trans!it to a second ,eir t,e "ro"erty at a given ti!e. a. Essence of a fideicommissary su&stitution,, dual o&ligation. &. 2;i#en time.2,, "ro#ided & the testator; if not* then it is understood that the period is the lifetime of the fudiciar . "8I0 #. Escolin.,, In the case* the spouses executed reciprocal wills. It pro#ided that the share in the con<ugal assets will pass to the sur#i#ing spouse and that the sur#i#ing spouse can do whate#er he or she wants with the inheritance* e#en sell it* and if there is an residue from the inheritance from the other spouse upon the death of the sur#i#ing spouse* it shall pass to the &rothers and sisters of the spouse who first died. 1he wife died first. 1he hus&and did not liquidate the con<ugal assets &ec. he was the sole heir of his wife. 7pon the hus&and:s death* it is now questioned whether there is an residue from the wife:s estate that could pass to her &rothers and sisters. "8I0* (and the) administratrix of the hus&and claims that' (1) 1here was no fideicommissary su&stitution &ec. there was no o&ligation upon the hus&and to preser#e and transmit the prop. to the &rothers and sisters of the wife as seen in his authorit to sell the propert * and (2) since there was an in#alid attempt to ma3e a su&stitution* then the testamentar disposition is #oid and there can &e no transmission of rights to the &rothers and sisters. 1he S8 agreed w4 contention no. 1 on the same ground. 1he second requisite was a&sent and there could &e no ficeicommissary su&stitution. .ith regard to the second contention* the S8 disagreed. 1he S8 said there was a simultaneous su&stitution. 1he institution of the hus&and was su&<ect to a resolutor condition while the institution of the &rothers and sisters was su&<ect to a suspensi#e condition. 0oth conditions are one and the same. It is the existence in the hus&and:s estate of assets he recei#ed from his wife at the time of his death. If there is* the hus&and:s right to the residue is extinguished upon his death while the right of the &rothers and sisters #ests at the same time. d. Scae#ola.,, 8haracteriAed the situation as a legac or de#ise of the residue. 5. $,ere is a second ,eir +,o !ust be one degree fro! t,e first ,eir. a. 2)ne generation.2 Does it refer to the degree of relationship or num&er of su&stitution/ It refers to the degree of relationship. See "alacios #. -amireA. 5owe#er* fideicommissary su&stitutions are also limited to one transmission. 7pon the lapse of time for the first heir* he transmits the propert to the second heir. 1he cannot &e an more fideicommissary su&stitution coming from the same testator. In other words* there can onl &e one fideicommissary transmission such that after the first* there can &e no second
"%;E >?

fideicommissary su&stitution. "alacios #. -amireA.,, In the case* 24! of the usufruct of the free portion was gi#en to .anda* w4 2 other persons not related to her as her su&stitutes & wa of simple and fideicommissary su&stitution. 5er grandnephews o&<ect on the ground that there could &e no fideicommissary su&stitution &ec. the su&stitutes were not w4in one degree of each other. 1he S8 agreed w4 the nephews. It said* quoting 1olentino* that one degree refers to one generation. %s such* the fideicommissary can onl &e either a parent or child of the fiduciar . =. $,e first and second ,eir !ust bot, be iving and 'ua ified at t,e ti!e of t,e deat, of t,e testator. a. 6rom the moment of the death of the testator* the rights of the first and second heir are #ested. (loo3 at %rt. B??.) &. (ature of right of first heir.,, Similar to usufruct.,, "ossessor and en<o ment rights w4o right to alienate. If fiduciar is a&le to register the propert in his name* fideicommissary should annotate his claim on the land on the title to protect himself against an alienations in fa#or of innocent third parties. Ba ane disagrees +? $o entino that there can &e no successi#e fideicommissaries or se#eral transmissions. If this is allowed* chaos will result if the fideicommissaries die. =ou will not 3now who will get the propert and that the propert ma &e tied up for centuries.. Art. C@=. A fideicommissary substitution can never burden t,e egiti!e. 0alane' In fact* no testamentar disposition can &urden the legitime &ec. legitime is transmitted & operation of law upon the death of the testator. Art. C@A. Every fideicommissary substitution !ust be e>"ress y !ade in order t,at it !ay be va id. $,e fiduciary s,a be ob iged to de iver t,e in,eritance to t,e second ,eir: +it,out ot,er deductions t,an t,ose +,ic, arise fro! egiti!ate e>"enses: credits and i!"rove!ents: save in t,e case +,ere t,e testator ,as "rovided ot,er+ise. 0alane' 1here are 2 wa s of ma3ing a fideicommissary su&stitution' 1. 0 naming it.,, 2I institute % to 142 of m estate* and & wa of fideicommissary su&stitution* I institute 0 as his su&stitute.2 2. 0 imposing upon the fiduciar the o&ligation to preser#e and transmit.,, 2I institute % to 142 of m estate and impose upon him the o&ligation to preser#e and to transmit the same to 0 upon his return.2
Art. C@@. $,e second ,eir s,a ac'uire a rig,t to t,e succession fro! t,e ti!e of t,e testatorGs deat,: even t,oug, ,e s,ou d die before t,e fiduciary. $,e rig,t of t,e second ,eir s,a "ass to ,is ,eirs.
"%;E >@

0alane' 1his relates to the fourth requisite of fideicommissary. %t the time of the testator:s death* right of the first and second heir &ecome #ested. Art. C@4. $,e fo o+ing s,a not taEe effect: )7* Fideicommissary substitutions +,ic, are not !ade in an e>"ress !anner: eit,er by giving t,e! t,is na!e: or i!"osing u"on t,e fiduciary t,e abso ute ob igation to de iver t,e "ro"erty to a second ,eir8 )9* Provisions +,ic, contain a "er"etua "ro,ibition to a ienate: and even a te!"orary one: beyond t,e i!it fi>ed in artic e C@58 )5* $,ose +,ic, i!"ose u"on t,e ,eir t,e c,arge of "aying to various "ersons successive y: beyond t,e i!it "rescribed in artic e C@5: a certain inco!e or "ension8 )=* $,ose +,ic, eave to a "erson t,e +,o e or "art of t,e ,ereditary "ro"erty in order t,at ,e !ay a"" y or invest t,e sa!e according to secret instructions co!!unicated to ,i! by t,e testator. 0alane' Reasons +,y t,ey +i not taEe effect: 1. -elate to %rt. B?>* par. 1. It will not ta3e effect as a fideicommissary su&stitution &ut ma ta3e effect as something else. 2. 1his is not a fideicommissary &ut a prohi&ited institution. a. "erpetual prohi&ition will freeAe the propert w4c is against pu&lic polic . &. 1emporar prohi&ition is allowed &ut cannot go &e ond the limit in %rt. B?!,, limit is the death of the fiduciar . 8annot prohi&it alienation &e ond the death of the fiduciar . .hen the propert goes to the second heir* there is no more prohi&ition. 8ommentators sa that it refers to %rt. B@C rather than %rt. B?!. 1he contend that the limit is 2C rs. In such a case* the contention is #alid if ou do not ma3e it applica&le to su&stitutions. I' If ou prohi&it for !C rs.* what will happen/ %' 1here are 2 answers. 1. 1he whole period is #oid. 2. )nl the first 2C ears is #alid. (0alane agrees w4 this.) !. %ttempt to circum#ent one degree limitation of fideicommissary su&stitution. E.g.* 2I gi#e 14! of m estate to F and impose upon him the o&ligation to gi#e a ">*CCC pension to % and in %:s death* to %:s son.2 1his is allowed. 0ut if this is extended to the son of the son of %* then it won:t &e allowed. 1he first and second recipient must &e w4in one degree. 0ut it cannot extend &e ond the second recipient. $. Dumm pro#ision. 1his is usuall used as a means to circum#ent some prohi&ition of law. Example* "rohi&ition of gi#ing to paramour % has a paramour F. % gets 0 as a dumm . 0ecause of the prohi&ition of gi#ing to a paramour* the agree &etween themsel#es that % will lea#e to 0 a de#ise and from its profits 0 will gi#e F. So % pretends to name 0 as heir. 0ut in realit * such institution is for the &enefit of F. a. In such a case* the institution will not &enefit F. E#en if F shows a written agreement &et. % and 0* it cannot &e enforced &ec. it is contrar to law. &. %s regards 0* he can 3eep the inheritance e#en if he dou&le,crosses %. % instituted 0 at his own ris3 that he ma &e dou&le,crossed & 0. 1oo &ad for F.
"%;E >B

Art. C@C. $,e nu ity of t,e fideicommissary substitution does not "re3udice t,e va idity of t,e institutions of t,e ,eirs first designated8 t,e fideicommissary c ause s,a si!" y be considered as not +ritten. 0alane' 1he nullit of the fideicommissary su&stitution will not affect #alidit of institution of the first heir. E.g.* 2I here& institute % to 14! of m estate under o&ligation to preser#e and to transmit the same to 0 upon his death.2 a. If institution of 0 is in#alid* what will happen to the institution of %/ Galid. Institution of % is #alid w4o su&stitution. &. If the institution of % is in#alid* what will happen to the institution of 0/ 1he law does not pro#ide. 1hin3 a&out it. Art. C@6. A "rovision +,ereby t,e testator eaves to a "erson t,e +,o e or "art of t,e in,eritance: and to anot,er t,e usufruct: s,a be va id. If ,e gives t,e usufruct to various "ersons: not si!u taneous y: but successive y: t,e "rovisions of artic e C@5 s,a a"" y. 0alane' 1his is similar to %rt. B?@* par. ! Example* 2I gi#e to % na3ed ownership* and to 0 the usufruct and upon 0:s death* to his son 8.2 1his is #alid. .4in the limit of %rt. B?!. If it goes to the son of the son of 0* then it is in#alid. (ote' Eust as there can &e a su&stitution w4 regard to the usufruct* there can also &e a su&stitution w4 regard to the na3ed ownership. Art. C4D. $,e dis"ositions of t,e testator dec aring a ina ienab e for !ore t,an t+enty years are void. or "art of t,e estate
0alane' 1his has nothing to do w4 su&stitution. It refers to simple institution of heir* de#isee or legatee. I' 8an it go &e ond 2C rs/ %' 1here are 2 answers. 1. (o. 1he whole period is #oid. 2. (o. 0ut #alid onl for the first 2C ears. Section =.&& Conditional Testamentary $ispositions and Testamentary $ispositions With a Term %rticles B@1,B@> tal3 of three things' 1estamentar dispositions with a,, 1. 8ondition 2. 1erm,, certain as to time or certain as to occurrence !. 9ode
"%;E >D

a. Similarit &etween condition and term.,, 0oth refer to a future e#ent. Difference &etween condition and term.,, % condition is uncertain; a term is certain. &. 9ode is not included in the title of the section .,, %n o#ersight. c. -ationale for right to ma3e either of the three' 1. -ight stems from the right of freedom to dispose of his propert mortis causa. If he can dispose of his propert mortis causa* then he can certainl impose either a condition* term or mode. 2. Same principle as su&stitution Simple su&stitution,, special 3ind of condition .ideicommissary-- Institution su&<ect to some encum&rance d. 1he arrangement of this Section is disorganiAed. 1o rearrange' 1. ;eneral "ro#isions,, applies to all three,, %rticles B@1 and B@2. 2. 8ondition.,, %rticles B@! to B@@* B@D to BB1* BB!* par. 2* BB$ !. 1erm.,, %rticles B@B* BB> $. 9ode.,, %rticles BB2* BB! par. 1 7. ;enera Provisions. Art. C47. $,e institution of an ,eir !ay be !ade conditiona y: or for a certain "ur"ose or cause. 0alane' 1his gi#es the testator the right to ma3e these dispositions. 1he article did not include an institution with a term. 1his is an o#ersight. Art. C49. $,e testator cannot i!"ose any c,arge: condition or substitution +,atsoever u"on t,e egiti!es "rescribed in t,is Code. S,ou d ,e do so: t,e sa!e s,a be considered as not i!"osed. 0alane' ;eneral limitation' 1he testator cannot impair the legitime. .h / 0ec. the testamentar disposition is &ased on the power to dispose mortis causa. +egitimes* on the other hand* are passed & operation of law. 1his is repeated in %rt. DC$. 9. Conditions. 0alane' % suspensi#e condition gi#es rise to the right if it happens. % resolutor condition extinguishes the right if it happens. Jinds of 8onditions' 1. Impossi&le 8onditions. Art. C45. I!"ossib e conditions and t,ose contrary to a+ or good custo!s s,a be considered as not i!"osed and s,a in no !anner "re3udice t,e ,eir: even if t,e testator
"%;E ?C

s,ou d ot,er+ise "rovide. 0alane' Impossi&le conditions include those w4c are illegal* against pu&lic order and pu&lic polic . Effect' It nullifies the condition. 1he condition is deemed as not imposed. 1he testamentar disposition &ecomes pure* a&solute and unconditional. 8ompare with donations (%rt. @2@.) and onerous o&ligations (%rt. 11B!.)
Art. 494. I ega or i!"ossib e conditions in si!" e and re!uneratory donations s,a be considered as not i!"osed. Art. 77C5. I!"ossib e conditions: t,ose contrary to good custo!s or "ub ic "o icy and t,ose "ro,ibited by a+ s,a annu t,e ob igation +,ic, de"ends u"on t,e!. If t,e ob igation is divisib e: t,at "art t,ereof +,ic, is not affected by t,e i!"ossib e or un a+fu condition s,a be va id.
(ullifies the 8ondition a. 1estamentar dispositions &. Donations.
(ullifies the )&ligation a. )nerous o&ligations
.h the difference/ 1estamentar dispositions and donations are acts of li&eralit . 1he mo#ing factor is li&eralit . If ou ta3e awa the impossi&le condition* the mo#ing factor still exists* the li&eralit . .hile in onerous donations* the condition is an element of cause. If the condition is impossi&le* there is a failure of cause. 1his results in a #oid o&ligation. E.g.* 2I sell ou m car if ou impregnate the great &lue &ear of %ntartica and if ou pa me "1C*CCC.2 Since there is an impossi&le condition* there is a failure of cause. Since there is no cause* then the o&ligation is #oid. 2. 8ondition "rohi&iting 9arriage. Art. C4=. An abso ute condition not to contract a first or subse'uent !arriage s,a be considered as not +ritten un ess suc, condition ,as been i!"osed on t,e +ido+ or +ido+er by t,e deceased s"ouse: or by t,e atterGs ascendants or descendants. Nevert,e ess: t,e rig,ts of usufruct: or an a o+ance or so!e "ersona "restation !ay be devised or be'ueat,ed to any "erson for t,e ti!e during +,ic, ,e or s,e s,ou d re!ain un!arried or in +ido+,ood. 0alane' Distinguish.,, 1. If the condition is on the first marriage.,, 1he condition is considered as not imposed. E.g.* 2I gi#e 14! of m estate to % if she does not get married.2 1he condition is considered as not imposed. 2. If the condition is imposed on the second marriage.,, ;eneral rule' 1he condition is deemed as not imposed. Exception' Galid if imposed & ' (a) spouse; (&) ascendants of spouse; (c) descendants of spouse. Example' ;eneral rule' 2I gi#e 14! of m estate to 9r. % on the condition that if he should &e widowed* he will not get married.2 1he condition is deemed as not imposed here. Exception' 2I gi#e the entire free portion of m estate to m hus&and % on the condition that if I predecease him* he will not get married.2 1he condition is #alid in this case.
"%;E ?1

)ther Situations' 1. .hat a&out a condition to contract marriage/ Galid &ec. it is not prohi&ited and & contrar implication. 2. .hat a&out a condition to enter into religious life/ Galid. !. .hat a&out a condition to renounce a religion/ (ot #alid. 1he second paragraph relaxes the rule to go around the prohi&ition of the first par. E.g.* 2I gi#e % a pension of "1C*CCC during the entire time she is single.2 1his is a #alid condition. Art. C4A. Any dis"osition !ade u"on t,e condition t,at t,e ,eir s,a !aEe so!e "rovision in ,is +i in favor of t,e testator or of any ot,er "erson s,a be void. 0alane' E.g.* 2I gi#e 14! of m estate to % pro#ided he ma3es a will instituting me (or 0) as heir.2 1he disposition is #oid. .h / a. It is against pu&lic polic &ec. it impairs the #oluntariness of wills; &. It is against re#oca&ilit ' If ou can alter our will after recei#ing* then it is a &reach of good faith. 0ut if the testator is not allowed to alter the will* the condition is against re#oca&ilit . Either option is unaccepta&le. 8onsider (the article) restricti#el .,, +imit it to cases where the &eneficiar is to ma3e a will instituting the testator or a third person. $. Suspensi#e 8onditions. Art. C4@. Any "ure y "otestative condition i!"osed u"on an ,eir !ust be fu fi ed by ,i! as soon as ,e earns of t,e testatorGs deat,. $,is ru e s,a not a"" y +,en t,e condition: a ready co!" ied +it,: cannot be fu fi ed again. Art. C44. If t,e condition is casua or !i>ed it s,a be sufficient if it ,a""en or be fu fi ed at any ti!e before or after t,e deat, of t,e testator: un ess ,e ,as "rovided ot,er+ise. S,ou d it ,ave e>isted or s,ou d it ,ave been fu fi ed at t,e ti!e t,e +i +as e>ecuted and t,e testator +as una+are t,ereof: it s,a be dee!ed as co!" ied +it,. If ,e ,ad Eno+ edge t,ereof: t,e condition s,a be considered fu fi ed on y +,en it is of suc, a nature t,at it can no onger e>ist or be co!" ied +it, again. . Art. C46. If t,e "otestative condition i!"osed u"on t,e ,eir is negative: or consists in not doing or not giving so!et,ing: ,e s,a co!" y by giving a security t,at ,e +i not do or give t,at +,ic, ,as been "ro,ibited by t,e testator: and t,at in case of contravention ,e +i return +,atever ,e !ay ,ave received: toget,er +it, its fruits and interests.
Art. CC5. >>> If t,e "erson interested in t,e condition s,ou d "revent its fu fi !ent: +it,out t,e
"%;E ?2

fau t of t,e ,eir: t,e condition s,a be dee!ed to ,ave been co!" ied +it,. 0alane' $,ere are $,ree 2inds of Sus"ensive Conditions: 1. "urel "otestati#e.,, 1he fulfillment of the condition depends solel upon the will of the heir* de#isee or legatee. E.g.* 2I gi#e m entire free portion to Erap should he sha#e his moustache.2 ;eneral rule' 1he condition must &e fulfilled as soon as the heir learns of the testator:s death. Exception' If the condition has alread &een fulfilled and it cannot &e fulfilled again* the condition is deemed fulfilled. 8onstructi#e compliance is applica&le. 2. 8asual.,, 1he fulfillment of the condition depends solel on chance or on the will of a third person. E.g.* 2I gi#e F* 14! of m estate should 9a on erupt one ear from now.2 !. 9ixed.,, 1he fulfillment of the condition depends partl on chance and partl on the will of the heir* de#isee* or legatee. E.g.* 2I gi#e one million to % pro#ided he sets up a foundation for the #ictims of the next eruption of 9a on.2 -ules for casual and mixed conditions' ;eneral rule' 1he condition ma &e fulfilled an time* either &efore or after the testator:s death unless the testator pro#ides otherwise. .h / It is not w4in the heir* de#isee or legatee:s control. Iualification' If condition is alread fulfilled at the time of the execution. a. 1estator is unaware,, 1he condition is deemed complied w4 or fulfilled. &. 1estator is aware.,, (1) If the condition can no longer &e fulfilled again* it is deemed fulfilled; (2) If the condition can still &e fulfilled* fulfill it again. -ules for 8onstructi#e compliance.,, 1hat when the heir* de#isee or legatee has done e#er thing to compl w4 the condition &ut the condition still does not happen. 1. "urel potestati#e.,, %pplica&le. 2. 8asual.,, (ot applica&le. !. 9ixed.,, a. 0 will , (1) "erson interested , applica&le (2) "erson not interested , not applica&le &. 0 chance.,, (ot applica&le. >. )ther "ro#isions. Art. CCD. If t,e ,eir be instituted under a sus"ensive condition or ter!: t,e estate s,a be " aced under ad!inistration unti t,e condition is fu fi ed: or unti it beco!es certain t,at it cannot be fu fi ed: or unti t,e arriva of t,e ter!. $,e sa!e s,a be done if t,e ,eir does not give t,e security re'uired in t,e "receding artic e.
"%;E ?!

0alane' If the suspensi#e condition is not fulfilled* place the estate under administration until' 1. 1he condition is fulfilled* in w4c case the estate should &e gi#en to the instituted heir; 2. It &ecomes o&#ious that it cannot &e fulfilled* in w4c case* the estate should &e gi#en to the intestate heirs. E.g.* 2I gi#e a car to % when he places first in the &ar.2 1estator dies while % is still ta3ing law. 1he car is put under administration until' (1) % tops the &ar* in w4c case the car should &e gi#en to him; or (&) % dies while re#iewing in w4c case* the car should &e gi#en to the intestate heirs &ec. the condition has &ecome o&#iousl impossi&le of &eing fulfilled. Art. CC7. $,e a""oint!ent of t,e ad!inistrator of t,e estate !entioned in t,e "receding artic e: as +e as t,e !anner of t,e ad!inistration and t,e rig,ts and ob igations of t,e ad!inistrator s,a be governed by t,e Ru es of Court. Art. CC=. Conditions i!"osed by t,e testator u"on t,e ,eirs s,a be governed by t,e ru es estab is,ed for conditiona ob igations in a !atters not "rovided for by t,is Section. 0alane' -ules on conditional o&ligations will appl suppletoril . %rticles 11@D to 11D2.
5. $er!. Art. C4C. A dis"osition +it, a sus"ensive ter! does not "revent t,e instituted ,eir fro! ac'uiring ,is rig,ts and trans!itting t,e! to ,is ,eirs even before t,e arriva of t,e ter!. 0alane' 1his is founded on the principle that the right of the heir instituted su&<ect to a term is #ested at the time of the testator:s death,, he will <ust wait for the term to expire. 1he heir must sur#i#e the testator. If the heir dies after the testator &ut &efore the term expires* he transmits his rights to his own heirs &ec. of the #ested right. E.g.* 2I gi#e "19 to F* fi#e ears after m death.2 8ompare this w4 conditional.,, %rt. 1C!$* par. !,, Iualification of heir,, 1he heir must &e ali#e and qualified at the time of the testator:s death and when the condition happens. Art. CCA. $,e designation of t,e day or ti!e +,en t,e effects of t,e institution of an ,eir s,a co!!ence or cease s,a be va id. In bot, cases: t,e ega ,eir s,a be considered as ca ed to t,e succession unti t,e arriva of t,e "eriod or its e>"iration. But in t,e first case ,e s,a not enter into "ossession of t,e "ro"erty unti after ,aving given sufficient security: +it, t,e intervention of t,e instituted ,eir. 0alane' .hat happens when the testator dies/ Distinguish &etween' 1. Suspensi#e (ex die),, gi#e it to the intestate heirs for them to en<o &ut in order to
"%;E ?$

protect the right of the instituted heir* intestate heirs must put up a &ond (caucion muciana.) 2. -esolutor (in diem.),, ;i#e it to the instituted heirs &ut when the term arri#es* he must gi#e it to the intestate heirs. 1he instituted heir does not ha#e to file a &ond. =. #ode. Art. CC9. $,e state!ent of t,e ob3ect of t,e institution: or t,e a"" ication of t,e "ro"erty eft by t,e testator: or t,e c,arge i!"osed by ,i!: s,a not be considered as a condition un ess it a""ears t,at suc, +as ,is intention. $,at +,ic, ,as been eft in t,is !anner !ay be c ai!ed at once "rovided t,at t,e instituted ,eir or ,is ,eirs give security for co!" iance +it, t,e +is,es of t,e testator and for t,e return of anyt,ing ,e or t,ey !ay receive: toget,er +it, its fruits and interests: if ,e or t,ey s,ou d disregard t,is ob igation. 0alane' % mode is an o&ligation imposed upon the heir to do or to gi#e something. E.g.* 2I gi#e 14! of me estate to % &ut impose upon him the o&ligation to pa for m son:s education.2 % condition suspends &ut does not o&ligate while a mode o&ligates &ut does not suspend. -ules' 1. In case of dou&t &etween a mode and a condition* resol#e in fa#or of mode. 2. In case of dou&t whether a mode exists* resol#e in fa#or of it &eing a request. Art. CC5. /,en +it,out fau t of t,e ,eir: an institution referred to in t,e "receding artic e cannot taEe effect in t,e e>act !anner stated by t,e testator: it s,a be co!" ied +it, in a !anner !ost ana ogous to and in confor!ity +it, ,is +is,es. >>> 0alane' % caucion muciana is a securit to &e put up to protect the right of the heirs (who would succeed to the propert ) in case the condition* term or mode is #iolated. Instances when it is needed' 1. Suspensi#e condition.,, %rt. BB>. 2. (egati#e potestati#e condition.,, %rt. B@D. !. 9ode.,, %rt. BB2* par. 2. Section A.&& Legitime. 0alane' +egitime comes a 6rench word w4c means 2legitimate share..2 1his was deri#ed from the Spanish 8i#il 8ode &ut was simplified. 1here are ! 3inds of S stems' 1. "artial -eser#ation.,, set aside for compulsor heirs 2. 8ommon law,, no reser#ation except for support !. 1otal reser#ation,, e#er thing is set aside. 6or the "hils.* we ha#e partial reser#ation.
"%;E ?>

(ew 8i#il 8ode Spanish 8i#il 8ode HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH +egitimes4 6ree portion L Short 9e<ora 6ree "ortion L +egitime 0etterment L HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH L L %&olished me!ora &ec.' L goes to the goes to the 1. It opened a&uses and ga#e L children in children &ut parents power to influence4 L equal shares the testator has &lac3mail their children; L freedom as to L how the chil, L dren will share L it. 2. It was a s stem our people L M 4 ne#er applied nor understood. L M 4 L +ong +egitime HHHHHHHHHHHHHHHHHHHHHHHHHHHHHLHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
Art. CC@. Legiti!e is t,at "art of t,e testatorGs "ro"erty +,ic, ,e cannot dis"ose of because t,e a+ ,as reserved it for certain ,eirs +,o are: t,erefore: ca ed co!"u sory ,eirs. 0alane' 1. 1here is compulsion on the part of the testator to reser#e that part of the estate w4c corresponds to the legitime. 1he law sets a fractional portion of the estate aside for the compulsor heirs. 1he law does not specif w4c prop. to reser#e &ut onl sets aside a fractional portion of the estate. 1here is no o&ligation on the compulsor heirs to accept. 2. 1he prohi&ition imposed on the testator is that he is prohi&ited from ma3ing gratuitous disposition' (a) testamentar disposition mortis causa0 (&) donation inter vivos )nl the legitime is reser#ed. 1he free portion ma &e disposed of & will. E.g.* % is married to 0. 1he had a child 8. % owns lot worth ">9. a. % sells the lot to D for ">9. 1his is #alid. 1he prohi&ition does not co#er an onerous disposition &ec. this in#ol#es an exchange of #alues. &. % donates to D. 1his is not #alid if it impairs the legitime of 0 and 8. Art. CC4. $,e fo o+ing are co!"u sory ,eirs: )7* Legiti!ate c,i dren and descendants: +it, res"ect to t,eir egiti!ate "arents and ascendants8 )9* In defau t of t,e foregoing: egiti!ate "arents and ascendants: +it, res"ect to t,eir egiti!ate c,i dren and descendants8 )5* $,e +ido+ or +ido+er8 )=* AcEno+ edged natura c,i dren: and natura c,i dren by ega fiction8
"%;E ??

)A* Ot,er i egiti!ate c,i dren referred to in artic e 9C4. Co!"u sory ,eirs !entioned in Nos. 5: = and A are not e>c uded by t,ose in Nos. 7 and 98 neit,er do t,ey e>c ude one anot,er. In a cases of i egiti!ate c,i dren: t,eir fi iation !ust be du y "roved. $,e fat,er or !ot,er of i egiti!ate c,i dren of t,e t,ree c asses !entioned: s,a in,erit fro! t,e! in t,e !anner and to t,e e>tent estab is,ed by t,is Code. 0alane' 1here are 6i#e (>) 3inds of 8ompulsor heirs' 1. +egitimate children and descendants 2. +egitimate parents and ascendants !. .idow or widower $. %c3nowledged natural children* and natural children & legal fiction >. )ther illegitimate children 7nder the 6amil 8ode* there is no more distinction &etween ac3nowledged natural children and illegitimate children. 1he are all considered as illegitimate. -osales #. -osales.,, In this case* the deceased was the mother,in,law of the plaintiff. 1he plaintiff:s hus&and had predeceased his mother. 1he plaintiff widow see3s a share in her mother,in,law:s estate claiming she is a compulsor heir &eing a widow. 1he S8 denied her claim &ec. the widow in the law refers to the widow of the deceased and not of a relati#e of t he deceased. $,ree 2inds of Re ations,i" A!ong Co!"u sory .eirs: 1. "rimar .,, +egitimate children* and in their a&sence* legitimate descendants. 1he are primar &ec. the are a&solutel preferred* and the exclude the secondar . 2. Secondar .,, +egitimate parents* and in their a&sence* legitimate ascendants 1he inherit onl in the a&sence of default of the primar . !. 8oncurring.,, Sur#i#ing spouse and illegitimate children. 1he get their legitime together w4 the primar or secondar heirs. (either exclude primar or secondar heirs nor each other. Except' Illegitimate children exclude illegitimate parents. Artic es CCC to 6D5. %ifferent Co!binations I. %ccording to 1olentino (all shares are w4 respect to the whole estate unless otherwise pro#ided.) 1. +egitimate children 142* in equal portions* whether the concurring compulsor heirs. (%rt. BBB.) 2. !. )ne legitimate child ,, 142 (%rt. BBB.) Sur#i#ing spouse ,, 14$ (%rt. BD2* par. 1.) +egitimate children ,, 142* in equal portions (%rt. BBB.) Sur#i#ing spouse ,, share equal to that of each child (%rt. BD2* par. 2.) sur#i#e alone or with
"%;E ?@

$. R I >. ?.
+egitimate children ,, 142* in equal portions. (%rt. BBB.) (atural children ,, 142 the share of each legitimate child (%rt. BD>* par. 1.) +egitimate children ,, 142* in equal portions. (%rt. BBB.) Illegitimate children ,, 24> the share of each legitimate child (%rt. BD>* par. 2.) +egitimate children ,, 142* in equal portions. (atural children ,, 142 of the share of a legitimate child. (%rt. BD>* par. 1.) Illegitimate children ,, $4> of the share of each natural child. (%rt. BD>* par. 2.) )ne legitimate child ,, 142 (%rt. BBB.) (atural children ,, 142 of the share of a legitimate child. (%rt. BD>* par. 1.) Illegitimate children ,, $4> of the share of a natural child. (%rt. BD>* par. 2.) Sur#i#ing spouse ,, 14$ (%rt. BD2* par. 1.)
@.
()1E' %ll concurring heirs get their share from the free portion. 1he sur#i#ing spouse will &e preferred o#er the natural and illegitimate children* whose share ma suffer reduction pro rata. (%rt. BD>* last par.) B. +egitimate children ,, 142* in equal portions. (%rt. BBB.) (atural children ,, 142 of the share of a legitimate child. (%rt. BD>* par. 1.) Illegitimate children ,, $4> of the share of a natural child. (%rt. BD>* par. 2.) Sur#i#ing spouse ,, share equal to that of a legitimate child. (%rt. BD2* par. 2* ,, 142* whether the sur#i#e alone or w4 concurring
BD@* BDB.) D. +egitimate parents compulsor heirs. (%rt. BBD.) 1C. 11. R 12.
+egitimate parents ,, 142 (%rt. BBD.) (atural children ,, 14$* in equal shares. (%rt. BD?.) +egitimate parents ,, 142 (%rt. BBD.) Illegitimate children ,, 14$* in equal shares (%rt. BD?.) +egitimate parents ,, 142 (%rt. BBD.) (atural children ,,,,,,, M 14$ (%rt. BD?) &ut each illegitimate child gets $4> of the share of each natural child (%rt. BD> Illegitimate children ,,, 4 par. 2.) +egitimate parents ,, 142 (%rt BBD.) Sur#i#ing spouse ,, 14$ (%rt. BD!.) +egitimate parents ,, 142 (%rt. BBD.) (atural children ,,,,,, M 14$ (%rt. BD?) &ut each illegitimate child gets $4> of the share of each natural child. Illegitimate children ,, 4 par. 2.) Sur#i#ing spouse ,, 14B (%rt. BDD.)
1!. R 1$.
(%rt. BD>*
1>. (atural and4 or illegitimate children ,, all together get 142 (%rt. DC1.) If all natural
"%;E ?B

or all illegitimate* di#e the portion equall . If some are natural and others illegitimate* each of the illegitimate child gets onl $4> of the share of each natural child. (%rt. BD>* par. 2.) I 1>. Sur#i#ing spouse ,, 14! (%rt. BD$.) 1@. Sur#i#ing spouse alone ,, 142 or 14! if the marriage is in articulo mortis and the deceased dies w4in ! months after the marriage. (%rt. DCC.) 1B. 1D. 2C. Illegitimate parents (natural or otherwise) alone ,, 142 (%rt. DC!.) Illegitimate parents ,, none. (%rt. DC!.) 8hildren or an class ,, same as in nos. 1* $* ? and 1>* as the case ma &e. Illegitimate parents ,, 14$ Sur#i#ing spouse ,, 14$ (%rt. DC!.) 1?. (atural and4 or illegitimate children ,, 14! (%rt. BD$.)* di#iding it as in num&er
II. %ccording to 0alane (all shares are w4 respect to the whole estate unless otherwise pro#ided.) 1. 2. 2 legitimate children ,, 142 shared equall Sur#i#ing spouse (hereinafter SS) ,, 14$ N 14$ each
> +egitimate children ,, 142 shared equall N 141C SS ,, same share as in legitimate child N 141C )0SE-GE' 1here is an in#erse proportion &etween num&er of children and the
share of the SS. !. 1 leg. child ,, 142 SS ,, 14$ ;eneral rule' SS gets share equal to 1 leg. child. Exception' If onl 1 leg. child* SS gets 14$ $. >. 2 leg. parents ,, 142 shared equall SS ,, 14$ 2 leg. parents ,, 142 shared equall SS ,, 14B 1 illeg. child ,, 14$ 2 leg. parents ,, 142 shared equall ! illeg. children ,, 14$ shared equall 2 illeg. parents ,, none ! illeg. children ,, 142 shared equall 1 adopted child ,, 142
?. @. B.
"%;E ?D

2 leg. parents ,, none. D. 1C. SS ,, 14! $ illeg. children ,, 14! shared equall SS ,, 14$ $ illeg. children ,, 142 of the share of a leg. child N 14B each 2 leg. children ,, 142 shared equall N 14$ each If it exceeds the estate* rata&l diminish the legitime of the illeg. children N 141? 2 illeg. parents ,, 14$ shared equall SS ,, 14$ 2 leg. children ,, 142 shared equall SS ,, share equal to 1 leg. child N 14$ HH leg. parents ,, none 1 adopted child ,, M 1 leg. child ,,,,,,, 4 SS ,, 14$ SS ,, 14$ Illeg. parents ,, none 1 adopted child ,, 142 SS alone ,, 142 except if the marriage is in articulo mortis* in w4c case the share a. &. c. d. 1?. 1@. 9arriage is in articulo mortis Dies w4in ! months (ot li#ed together for > ears "erson who dies is the sic3 spouse 142 shared equall
11. 12.
1!.
1$.
1>. is 14!
1 adopted child ,, 142 1 illeg. child ,, 142 of the share of an adopted child N 14$ B leg. children ,, 142 shared equall N 141? 1 illeg. child ,, 142 of the share of a leg. child N 14!2 SS ,, same as the share of 1 leg. child N 141? B leg. children ,, M 142 shared equall 1 adopted child , 4 N 141B each 1 illeg. child ,, 142 of the share of a leg. child N 14!? SS ,, same share as 1 leg. child N 141B 1 leg. parent ,, 142 SS ,, 14B 1 illeg. child ,, 14$ 1 leg. parent ,, 142 SS ,, 14$
1B.
1D.
2C.
"%;E @C

21. 22.
1 leg. parent ,, 142 1 illeg. child ,, 14$ 1 adopted child ,, M 142 shared equall 1 leg. child ,,,,,,, 4 N 14$ SS ,, same share as a leg. child N 14$ 1 illeg. child ,, 142 share of leg. child N 14B 2 leg. or illeg. parents ,, none 1 adopted child ,, 142 SS ,, 14$ 1 illeg. child ,, 14$ 2 leg. or illeg. parents ,, none
2!.
7nder the 6amil 8ode' 1. If the decedent died &efore the 6amil 8ode too3 effect ,, leg. ' natural ' illeg. N 1C ' > ' $ 2. If the decedent died after the 68 too3 effect ,, leg. ' illeg. N 2 ' 1. Do not distinguish &etween natural and spurious. (conc)urring fraction ,, 142 ,, called &asic legitime In most cases* there will &e a group or single heir who will get 142 of the estate. Exceptions' (1) %rt. BD$. ,, Illeg. children (14!) and SS (14!) (2) %rt. DC!. ,, Illeg. parents (14$) and SS (14$) (!) %rticles DCC ,, SS alone in case of marriage in articulo mortis with the following requisites' a. &. c. d. 9arriage in articulo mortis 1he spouse dies w4in ! months 1he ha#e not li#ed together for > ears Spouse who dies is the sic3 spouse
Example* %* in the I87* is rich and d ing of %IDS. 0* who has not li#ed w4 %* accepts %:s proposal of marriage. 1he get married in the hospital. %fter getting married* % lapses into a coma. 1he doctor sends 0 to &u the medicine. %s 0 is crossing the street* she is run o#er & a &us and dies. % is the onl compulsor heir of 0. Is this the marriage in articulo mortis contemplated & the !rd exception/ (o. 1he one who should die w4in ! months should &e % for the exception to appl . -ationale for the exception in num&er ! ,, It is the law:s wa of showing its distaste to marriages for con#enience or for interest or gain. Exception to exception' If the ha#e li#ed together for at least > ears &efore the marriage. 1his shows that it was not onl for interest. (ow that one is d ing* to reward the other spouse. Exception to num&er ! ,, %pplies onl if the wife is (the) onl compulsor heir. .h / 0ec. in other cases* she will alwa s get less than 142. Does not also appl to intestac if the wife is the onl intestate heir. She will get the whole estate. In such a case* the testator was not gi#en
"%;E @1

a change to ma3e a will. If gi#en a chance* he could ha#e named other people.
Art. CCC. $,e egiti!e of egiti!ate c,i dren and descendants consists of one&,a f of t,e ,ereditary estate of t,e fat,er and of t,e !ot,er. $,e atter !ay free y dis"ose of t,e re!aining ,a f: sub3ect to t,e rig,ts of i egiti!ate c,i dren and of t,e surviving s"ouse as ,ereinafter "rovided. 0alane' 1. If there are legitimate children* the will get collecti#e legitime of 142 of the estate. It does not sa how the will di#ide the legitime. 8ommentators agree that the will di#ide the 142 equall regardless of age* sex* marriage of origin (whether 1st* 2nd* etc.) 2. .h descendants/ -ule' (earer excludes more remote. If there are children* the will exclude the more remote descendants* e.g.* grandchildren .hen descendants/ a. -ight of representation exists &. %ll children renounce. Since all renounce* the next in line will inherit equall not & #irtue of representation &ut &ec. the are the nearest relati#es in the descending line.
F 4 L M % 0 8 4L 4M L M e f gh i < a. If %* 0 and 8 renounce* grandchildren will inherit &. If onl 0 renounces* legitime will &e di#ided into 2 onl * 0:s children cannot represent him. !. )ther half of the estate ,, free portion. Su&<ect to the free disposal of the testator. If not disposed of & the testator* then it will go & intestac .
Art. CC6. $,e egiti!e of egiti!ate "arents or ascendants consists of one&,a f of t,e ,ereditary estates of t,eir c,i dren and descendants. $,e c,i dren or descendants !ay free y dis"ose of t,e ot,er ,a f: sub3ect to t,e rig,ts of i egiti!ate c,i dren and of t,e surviving s"ouse as ,ereinafter "rovided. Art. C6D. $,e egiti!e reserved for t,e egiti!ate "arents s,a be divided bet+een t,e! e'ua y8 if one of t,e "arents s,ou d ,ave died: t,e +,o e s,a "ass to t,e survivor. If t,e testator eaves neit,er fat,er nor !ot,er: but is survived by ascendants of e'ua degree of t,e "aterna and !aterna ines: t,e egiti!e s,a be divided e'ua y bet+een bot, ines. If t,e ascendants s,ou d be of different degrees: it s,a "ertain entire y
"%;E @2

to t,e ones nearest in degree of eit,er ine. 0alane' %rticles BBD and BDC ,, +egitimate parents or ascendants alone ,, 142 of the estate.
%. 1hree rules' 1. (earer excludes the more remote. (o representation in the ascending line. Illustration' %1 M 4 % M M J F 2. Di#ision & (&etween the) lines ,, 142 of legitime each to maternal and paternal (assuming that the nearest relati#es in &oth sides are of the same degree.) Illustration (see illustration a&o#e.) a. If &oth parents predecease F* the nearest ascendants would &e the grandparents. Di#ision & line will appl . 1he estate will &e di#ided equall &et. the maternal and paternal lines (14$ of estate each.) +egitimes' %1 N 14B* %2 N 14B* 01 N 14B* 02 N 14B &. If %1 predeceases F* there will still &e equal di#ision & lines. 0oth lines get 14$ of the estate each. +egitimes' %2 N 14$* 01 N 14B* 02 N 14B. ()1E' If one of the parents* either % or 0* is ali#e* di#ision & line will not appl . -ule 1 would appl where the nearer would exclude the more remote. 1he parent would exclude the grandparent. !. Equal di#ision w4in the line. 0. 5ow far up do ou go/ %s far as possi&le as long as all lower ascendants are dead. 1he law does not limit &ut nature does. Art. C69. If on y one egiti!ate c,i d or descendant of t,e deceased survives: t,e +ido+ or +ido+er s,a be entit ed to one& fourt, of t,e ,ereditary estate. In case of a ega se"aration: t,e surviving s"ouse !ay in,erit if it +as t,e deceased +,o ,ad given cause for t,e sa!e. If t,ere are t+o or !ore egiti!ate c,i dren or descendants: t,e surviving s"ouse s,a be entit ed to a "ortion e'ua to t,e egiti!e of eac, of t,e egiti!ate c,i dren or descendants. In bot, cases: t,e egiti!e of t,e surviving s"ouse s,a be taEen fro! t,e "ortion t,at can be free y dis"osed of by t,e testator. %2 01 02 M 4 0 4 4 4 a. If F dies* the legitime will &e shared & the parents % and 0 &ec. the nearer excludes the more remote. &. If % predeceases F* 0 gets all. %1 and %2 will get nothing &ec. there is no right of representation in the ascending line.
"%;E @!

0alane' %. +egitime of Sur#i#ing spouse' 1. If #alid or #oida&le marriage ,, Iualified. Spouse ma inherit. 2. If legall separated* it depends' a. If innocent spouse ,, not disqualified to inherit from the guilt spouse &. If guilt spouse ,, disqualified to inherit from the innocent spouse. 0. -ules as to legitime of the sur#i#ing spouse if concurring w4 legitimate children. 1. 1 leg. child ,, 142 of estate SS ,, 14$ of estate 2. 2 or more leg. children ,, 142 of estate shared equall SS ,, share equal to that of a leg. child.
8. 2)r descendant2 (all portions are in relation to the whole estate unless otherwise pro#ided.)
Illustration' F ,,,,,,,,,,, = (spouse) ? K J % 0 8 4L 4LM LM 12!$>?@ 1. If 0 predeceases F % N 14? 0:s children N 141B per child 8 N 14? = N 14? % N 14$ 8 N 14$ = N 14$ 1 and 2 N 1412 each !* $ and > N 141B each ? and @ N 1412 each = N 14?
2. If 0 renounces
!. If %* 0 and 8 predecease ,,, representation
%ccording to commentaries' =:s share is &ased on what the children would ha#e recei#ed if the were ali#e. $. If %* 0 and 8 renounce ,,, no representation legitime of 142 is di#ided equall &etween the D grandchildren = N /
%ccording to 1olentino* = gets 14?. =:s share is &ased on the num&er of children. 1o allow =:s share to &e equal to a grandchild would gi#e the children the opportunit to reduce the
"%;E @$

legitime of =* especiall if = is onl a stepmother. 1he pro&lem in this case is when 2or descendants2 will appl . 1his issue is undecided. Art. C65. If t,e testator eaves no egiti!ate descendants: but eaves egiti!ate ascendants: t,e surviving s"ouse s,a ,ave a rig,t to one&fourt, of t,e ,ereditary estate. $,is fourt, s,a be taEen fro! t,e free "ortion of t,e estate. 0alane' 8om&ination' +egitimate parents or ascendants ,, 142 (di#ide according to %rt. BBD and BDC.) Spouse ,, 14$ 6ree portion ,, 14$ Art. C6=. If t,e testator eaves i egiti!ate c,i dren: t,e surviving s"ouse s,a be entit ed to one&t,ird of t,e ,ereditary estate of t,e deceased and t,e i egiti!ate c,i dren to anot,er t,ird. $,e re!aining t,ird s,a be at t,e free dis"osa of t,e testator. 0alane' 1his is one of the exceptions to the &asic rule of 142. Illeg. children ,, 14! collecti#el $) or after (equal) the 6amil 8ode. Sur#i#ing spouse ,, 14! 6ree portion ,, 14! Art. C6A. $,e egiti!e of eac, of t,e acEno+ edged natura c,i dren and eac, of t,e natura c,i dren by ega fiction s,a consist of one&,a f of t,e egiti!e of eac, of t,e egiti!ate c,i dren or descendants. $,e egiti!e of an i egiti!ate c,i d +,o is neit,er an acEno+ edged natura c,i d : nor a natura c,i d by ega fiction: s,a be e'ua in every case to four&fift,s of t,e egiti!e of an acEno+ edged natura c,i d. $,e egiti!e of t,e i egiti!ate c,i dren s,a be taEen fro! t,e "ortion of t,e estate at t,e free dis"osa of t,e testator: "rovided t,at in no case s,a t,e tota egiti!e of suc, i egiti!ate c,i dren e>ceed t,at free "ortion: and t,at t,e egiti!e of t,e surviving s"ouse !ust first be fu y satisfied.
Art. 74@. I egiti!ate c,i dren s,a use t,e surna!e and s,a be under t,e "arenta aut,ority of t,eir !ot,er: and s,a be entit ed to su""ort in confor!ity +it, t,is code. $,e egiti!e of eac, i egiti!ate c,i d s,a consist of one&,a f of t,e egiti!e of a egiti!ate c,i d. )1a!i y Code.*
N di#ided depending if the decedent died &efore (> '
0alane' 1. +egitime of illeg. children affected & the 6amil 8ode. a. If &efore ,, 1C ' > ' $ &. If after ,, 2 ' 1 2. 8om&ination'
"%;E @>

+eg. children ,, 142 collecti#el Illeg. children ,, 142 of the share of a leg. child each SS ,, share is equal to that of 1 leg. child. !. Illustration' F,,,,,,,,,= 4 L % 0 8 D %fter the 6amil 8ode. a. % 0 = 8 D N N N N N 14$ 14$ 14$ 14B 14B &. % 0 = 8 D E If there is a third illeg. child* E N 14$ N 14$ +egitime exceeds estate N 14$ N 14B M N 14B , -educe proportionall N 14B 4
8 N 1412 D N 1412 E N 1412 Art. C6@. I egiti!ate c,i dren +,o !ay survive +it, egiti!ate "arents or ascendants of t,e deceased s,a be entit ed to one&fourt, of t,e ,ereditary estate to be taEen fro! t,e "ortion at t,e free dis"osa of t,e testator. 0alane' +eg. parents ,, 142 di#ided according to %rt. BBD and BDC Illeg. children ,, 14$ collecti#el di#ided according to whether decedent died &efore or after the 6amil 8ode. Art. C64. /,en t,e +ido+ or +ido+er survives +it, egiti!ate c,i dren or descendants: and acEno+ edged natura c,i dren: or natura c,i dren by ega fiction: suc, surviving s"ouse s,a be entit ed a "ortion e'ua to t,e egiti!e of eac, of t,e egiti!ate c,i dren +,ic, !ust be taEen fro! t,at "art of t,e estate +,ic, t,e testator can free y dis"ose of. 0alane' 1his is a repetition of %rt. BD>. Art. C6C. If t,e +ido+ or +ido+er survives +it, egiti!ate c,i dren or descendants: and +it, i egiti!ate c,i dren ot,er t,an acEno+ edged natura : or natura c,i dren by ega fiction: t,e s,are of t,e surviving s"ouse s,a be t,e sa!e as t,at "rovided in t,e "receding artic e. 0alane' 1his is the same as %rt. BD>. 1he 68 has simplified this.
"%;E @?

Art. C66. /,en t,e +ido+ or +ido+er survives +it, egiti!ate "arents or ascendants and +it, i egiti!ate c,i dren: suc, surviving s"ouse s,a be entit ed to one& eig,t, of t,e ,ereditary estate of t,e deceased +,ic, !ust be taEen fro! t,e free "ortion: and t,e i egiti!ate c,i dren s,a be entit ed to one&fourt, of t,e estate +,ic, s,a be taEen a so fro! t,e dis"osab e "ortion. $,e testator !ay free y dis"ose of t,e re!aining one& eig,t, of t,e estate. 0alane' 1his shows how ar&itrar legitime scheme is with regard to the sur#i#ing spouse. +eg. parents ,, 142 di#ided according to %rticles BBD and BDC Illeg. children ,, 14$ di#ided depending on when the decedent died SS ,, 14B 6ree portion ,, 14B
Art. 6DD. If t,e on y survivor is t,e +ido+ or +ido+er: s,e or ,e s,a be entit ed to one&,a f of t,e ,ereditary estate of t,e deceased s"ouse: and t,e testator !ay free y dis"ose of t,e ot,er ,a f. If t,e !arriage bet+een t,e surviving s"ouse and t,e testator +as so e!niHed in articulo mortis: and t,e testator died +it,in t,ree !ont,s fro! t,e ti!e of t,e !arriage: t,e egiti!e of t,e surviving s"ouse as t,e so e ,eir s,a be one&t,ird of t,e ,ereditary estate: e>ce"t +,en t,ey ,ave been iving as ,usband and +ife for !ore t,an five years. In t,e atter case: t,e egiti!e of t,e surviving s"ouse s,a be t,at s"ecified in t,e "receding "aragra",. 0alane' +egitime of sur#i#ing spouse when he4 she sur#i#es alone' ;eneral rule ,, 142; 6ree portion ,, 142 Exception ,, 9arriage in articulo mortis ,, 14!; 6ree portion ,, 24!
Art. 6D7. /,en t,e testator dies eaving i egiti!ate c,i dren and no ot,er co!"u sory ,eirs: suc, i egiti!ate c,i dren s,a ,ave a rig,t to one&,a f of t,e ,ereditary estate of t,e deceased. $,e ot,er ,a f s,a be at t,e free dis"osa of t,e testator. 0alane' Illeg. children ,, 142 di#ided either equall (decedent died after the 68) or > ' $ (decedent died &efore the 68.) Art. 6D9. $,e rig,ts of i egiti!ate c,i dren set fort, in t,e "receding artic es are trans!itted u"on t,eir deat, to t,eir descendants: +,et,er egiti!ate or i egiti!ate. 0alane' Illustration' F % ?J ? a1 a2 &1 &2 4 0
"%;E @@

1. % is legitimate while 0 is illeg. 0oth % and 0 predeceased F. % left a1* a leg. child and a2* an illeg. child. 0 left &1* a leg. child and &2* an illeg. child. .ho will inherit and not inherit when F dies/ %1 can inherit from F & representation. %2 cannot inherit from F in either intestate or compulsor succession &ecause of %rt. DD2 w4c pro#ides that an illegitimate cannot inherit ab intestado from the legitimate relati#es of the father or mother and #ice,#ersa 1his results in inconsistenc and unfairness. (%rt. DC2) read with %rt. DD2 puts a premium on &astardness. "reference is gi#en to &astard children of &astard children as compared to &astard children of legitimate children. 2. If &oth % and 0 are dead. .ho can F inherit from/ a1 dies ,, F can inherit. a2 dies ,, F cannot inherit &ecause of %rt. DD2 &2 dies ,, F cannot inherit. In illegitimac * ou cannot go &e ond the parent in representation. &1 dies ,, 7n3nown. 1he law is silent on this. Art. 6D5. $,e egiti!e of t,e "arents +,o ,ave an i egiti!ate c,i d: +,en suc, c,i d eaves neit,er egiti!ate descendants: nor a surviving s"ouse: nor i egiti!ate c,i dren: is one& ,a f of t,e ,ereditary estate of suc, i egiti!ate c,i d. If on y egiti!ate or i egiti!ate c,i dren are eft: t,e "arents are not entit ed to any egiti!e +,atsoever. If on y t,e +ido+ or +ido+er survives +it, "arents of t,e i egiti!ate c,i d: t,e egiti!e of t,e "arents is one& fourt, of t,e ,ereditary estate of t,e c,i d: and t,at of t,e surviving s"ouse a so one&fourt, of t,e estate. 0alane' 1here are 2 com&inations' 1. and BDC. 2. Illeg. parents ,, none +eg. or illeg. children ,, depending on who is left -ules' a. )nl leg. children exclude leg. parents &. %n 3ind of children exclude illeg. children. #eserva Troncal. Art. C67. $,e ascendant +,o in,erits fro! ,is descendant any "ro"erty +,ic, t,e atter !ay ,ave ac'uired by gratuitous tit e fro! anot,er ascendant: or a brot,er or sister: is ob iged to reserve suc, "ro"erty as ,e !ay ,ave ac'uired by o"eration of a+ for t,e benefit of re atives +,o are +it,in t,e t,ird degree and +,o be ong to t,e ine fro! +,ic, said "ro"erty ca!e. Illeg. parents ,, 142 does not go &e ond illeg. parents unli3e %rticles BDD
"%;E @B

0alane' 5istor of 1eserva Troncal' In the old law* there were 2 reser#ations' 1. 2iudal ,, 2ordinaria2* %rt. D?B* )88 2. Troncal ,, 2lineal*2 2familial*2 2extraordinaria*2 %rt. B11 of the )88 In addition' 1eversiones 1. +egal ,, %rt. B12 2. %doption ,, -ules of 8ourt -eser#ations.,, "ropert set aside for a group of people who are limited to persons related from whom it came 1eversiones.-, "ropert goes &ac3 to the person from whom it came. 1he 8ode 8ommission a&olished all $. In the floor of 8ongress* there was a last minute amendment to include reserva troncal. In 1D?!* "D ?1! re#i#ed reversion adoptiva. 0ut this was eliminated & the 6amil 8ode. (ow* onl reserva troncal remains. 19S M M !4 M 4 M M 4 M 2" $-
19S (9ediate Source) ,,,, gratuitous title ,,,, 2" (Prepositus) ,,, & operation of law ,,, !(1eservista/ reserver) ,,, $- 31eservatorios/ reservees) I. "urpose of 1eserva Troncal ;onAales #. 86I.,, 1he purpose of reserva troncal is to return the propert to where it originated and from where it stra ed due to the accident of marriage. 2%ccident2 here means unforeseen de#elopment. 1. 6eudal a. 7nderl ing concept.,, "ropert should sta w4 the famil &ecause it has sta ed w4 them for so long and marriage should not &e allowed to cause that propert to lea#e that famil . &. 1o pre#ent the propert from lea#ing the famil through the accident of marriage. E.g.* F ,,,,,,,,,, = L %
"ropert from F:s famil . F dies* propert goes to %. % dies* propert goes to =. 1he propert ma end up w4 =:s famil . 2. 1his is not good a. It impairs the free circulation of propert
"%;E @D

&. 7nderl ing philosoph is &ad,, outdated* aristocratic. II. -equisites 8hua #. 86I.,, 1. 1he propert was acquired & a person from an ascendant of from a &rother or sister & gratuitous title. 2. Said person died without legitimate issue. !. 1he propert is inherited & another ascendant & operation of law. $. 1here are relati#es w4in the third degree &elonging to the line from w4c said propert came. 8omments' 1. 2descendant2 ,, applies onl if one got it from an ascendant; &ut what if one got it from a &rother; it should ha#e &een 2& a person or indi#idual2 2. Indi#idual died without legitimate issue. 2Issue2 here means children or descendants. If w4 legitimate issue* this will not appl &ut will go to legitimate descendants. If w4 legitimate issue &ut the all renounce* the indi#idual dies as if there was no legitimate issue !. 2)peration of law2 means legal or compulsor succession.
III. "-)8ESS. 19S M % M 4 0 4 M 2" $1. % N 19S ,, 2" a. 9S ,, either onl an' (1) (2) ascendant M ,, of 2" &rother or sister 4 (1) donation (2) succession !M M 8 4 M
&. 9S to " ,, & gratuitous title ,, either'
8hua #.s 86I.,, %s long as the transmission to the heir is free from an condition imposed & the deceased himself and the propert is gi#en out of pure generosit * it is gratuitous.
"%;E BC

E#en if the 8ourt ordered the heirs to pa Standard )il* it is still gratuitous. If the expense or charge is <ust incidental* it is still considered gratuitous. E.g.* 2I gi#e ou m house pro#ided ou pa the mortgage.2 1his is still gratuitous &ut ou su&tract the #alue of what ou paid. 2. 0 N 2" ,, !)peration of law' (a) compulsor succession (&) intestate succession
8annot &e & ' (a) testate succession (&) donation 1eserva troncal commences at this point. !. 8 N !- ,, $1his is a consequence of reserva troncal 1his occurs when the reservista dies 1eserva troncal ends here. IG. (%17-E 1. )f right of the reservista o#er the reser#ed propert . Edroso #. Sa&lan.,, a. -eser#ista:s right o#er the propert is that of ownership &. -eser#ista:s right is su&<ect to a resolutor condition which is that the reservatorios exist at the time of the reser#ista:s death. If there are* the reser#ista:s right terminates and the propert will pass to the reservatorios. c. -eser#ista:s ownership is aliena&le &ut su&<ect to the same resolutor condition. 1he &u er:s ownership is su&<ect to the same resolutor condition. d. -eser#ista:s right of ownership is registra&le. S27ncle ;erman' ,, 2germanus2 ,, coming from the same seed; later came to mean 2&rother.2T Error in the case' 1he case said 2reservatorios cannot dispose of the expectanc .2 %ccording to the Sienes case* supra.* which is correct* the expectanc can &e alienated. 2. )f right of the reservatorios o#er the reser#ed propert . Sienes #. Esparcia.,, a. -eser#atorious right o#er the propert during the life of the reser#ista is a mere expectanc . &. 1he expectanc is su&<ect to a suspensi#e condition which is that the reser#atorio is ali#e at the time the reservista dies c. 1he right of expectanc can &e alienated &ut it will &e su&<ect to the same suspensi#e condition d. 1he right of expectanc is registra&le. It must &e annotated at the &ac3 of the title to protect the reservatorios from innocent purchasers for #alue. Errors in the case' 1. 1he case said the 2right of reservista is su&<ect to a dou&le resolutor condition.2 ,,
"%;E B1

(a) death of the reservista; and (&) sur#i#al or reservatorio 5owe#er* the death of the reservista is a term. reservatorio is su&<ect to a suspensi#e condition.2
It should &e the 2right of (the)
2. 1he case said that 2alienation & (the) reservatorios is su&<ect to a resolutor condition.2 It should read 2suspensi#e condition.2 G. "%-1IES. %. 6our "arties. 1. 9ediate Source.,, Either an ascendant or a &rother or sister of the prepositus. a. If ascendant* there is no pro&lem. =ou 3now from what line the propert came from. &. If &rother or sister and full or half &lood. (i) If half &lood* no pro&lem. =ou 3now what line the propert came from. (ii) If full &lood* there is a pro&lem. 5ow will ou what line it came from/ E0+ -e es.,, 1eserva troncal applies onl to half &lood &rothers and sisters. =ou cannot determine the line if it is of full &lood. 9anresa.,, It should appl regardless of whether it is of full or half &lood. 1he law does not distinguish. .hat line do ou appl it to/ =ou cannot appl it to either line as long as it is within the third degree. .h / 1he purpose of the law is not onl to &ring &ac3 the propert to the line (curati#e) &ut also to pre#ent it from lea#ing the famil . E.g. %,,,,,,,,,,0 4 M F = = to F. % is dead. F dies* so the propert goes to 0. 0 remarries. 1he propert is lost. 9anresa:s #iew is the accepted #iew. 2. Prepositus.,, Either a descendant* or &rother or sister of the mediate source. 5e is the central figure in the reserva troncal &ecause' a. %t the time he recei#es the propert * he &ecomes the a&solute owner. 5e can pre#ent reser#a troncal from happening. 5ow/ 0 pre#enting it from going to an ascendant & operation of law. 5ow/ 1. 0 selling it. Dispose of a potentiall free portion propert (e#en & pacto de retro.)
"%;E B2

2. ;i#e it to an ascendant & succession.
donation* de#ise* legac
or testamentar
&. 5e is the &asis or point of reference for the third degree relationship. (ote' 1here is no reserva troncal et while the propert is in the hands of the prepositus. !. 1eservista,, called 2ascendant reser#ista.2 5e must &e another ascendant other than the mediate source if the mediate source is an ascendant. 1eserva troncal &egins once the reservista inherits the propert . 5e is &ound & the o&ligations.
I' 9ust the ascendant,reservista &elong to a line similar to the mediate source or should he &e from a different line/ E.g.* F,,,,,,,,,,= L %,,,,,,,,,,0 L 8 F donates to 8. 8 dies and it goes to %. 19S ,, F 2" ,, 8 !- ,, % /
Is there reserva troncal/ 1. (o. 1he propert ne#er left the line. 2. =es. 1here is no requirement in %rt BD1 that the 19S and !- must &elong to different lines. 1his is the #iew accepted & the ma<orit of commentators. $. 1eservatorios ,, class or group a. -equirements' 1. 9ust &e w4in the third degree from the prepositus. 2. 9ust &e from the line from w4c the propert came !. 9ust &e related & &lood to the mediate source. (%ccording to commentators.) E.g.* %,,,,,,,,,,%1 L 0,,,,,,,,,,01 (1eservista) L 8 (Prepositus) 0 died. 7pon %:s death* 8 inherits from %. 7pon 8:s death* the propert is transmitted to 01. Is %1 a reservatorio/ 6ollowing the ! requisites'
"%;E B!

1. =es. 2. =es. !. (o. %1 is not related & &lood to the mediate source. &. -eser#ation.,, in fa#or of a class. It is not required that reser#atorios &e li#ing at the time of the prepositus: death &ut required to &e ali#e at the time of the death of the reser#ista. 4 y5 ,ec. reservation is in favor of a class. "s long as you belong to t e class % en t e reservista dies* then ou are a reservatorio. c. 5ow do the inherit w4in the class/ "adura #. 0aldo#ina.,, %ppl the rules in intestate succession' a. (earer excludes the more remote. &. -epresentation in fa#or or nieces for predeceased &rother c. "roportion of 2 ' 1 &etween full and half &lood nephews and &rothers. 5owe#er* there is no representation in the case &ec. there are no other &rothers. 5owe#er* the ratio of 2 ' 1 is maintained. 6lorentino #. 6lorentino.,, -epresentation onl in fa#or of nephews and nieces of deceased &rothers and sisters of the prepositus. 1he case is wrong* howe#er* when it did not distinguish &etween full and half &lood nephews and nieces. 0. 1hree relationships 1. 9ediate Source.,, Prepositus,, ascendant or &rother or sister 2. Prepositus.-- 1eservista ,, descendant , ascendant relationship !. 1eservatorio -1eservista 9ediate Source ,, &lood relation Prepositus ,, within the !rd degree
%ll relationship must &e legitimate. In effect* this requirement punishes legitimate relations &ec. if the relation is illegitimate* there is no o&ligation to reser#e. IG. "-)"E-1=. %. In order for reserva troncal to exist* propert from 19S ,,, 2" and from " ,, - must &e the same. .hat 3ind of propert / %n 3ind* whether real or personal* as long as it is the same propert . .hat a&out mone * can it &e reser#ed/ =es. In mone * the propert is the purchasing power and not the &ills. %s such* the #alue of the mone can &e reser#ed. 0. Special "ro&lems
"%;E B$

9S M 4 " 9S dontes a piece of land to " worth "1CC*CCC. " then dies w4o legitimate issue. - is the morther of ". 1. If " had no will and the land is the onl propert in his estate* what is reser#ed/ 1he whole land. (ote' 142 to - as legitime 142 to - & intestac . 2. If with a will that said 2I gi#e the free portion to m mother*2 what is reser#ed/ )ne, half (142) of the land. (ote' 142 to - as legitime 142 to - & will .hat is reser#ed is what - recei#ed as legitime (transferred & operation of law.) !. If " acquired another piece of land worth "1CC*CCC &efore he died and he did not ha#e a will* what is reser#ed/ 1he land from 9S is reser#ed. $. Same as num&er !* &ut this time " died w4 a will stating 2I gi#e the free portion to m mother.2 .hat is reser#ed/ (ote' 142 to - as legitime N "1CC*CCC 142 to - & will N "1CC*CCC +and from 9S ,, can &e reser#ed +and su&sequentl acquired ,, cannot &e reser#ed.
1wo theories' a. 1eserva maxima (maximum operation of reserva troncal) ,, fit as much of reser#a&le propert as ou can in the 142 & legitime. In the example* the whole land from 9S is reser#a&le. &. 1eserva minima (followed & most commentators) ,, E#er item will pass according to ratios of the properties. In the example* 142 will pass as legitime and 142 & will for &oth pieces of land N 142 of land from 9S is reser#a&le. >. If the land from 9S is 1CC*CCC and the land su&sequentl acquired is ?C*CCC* and " died w4o a will* what is reser#ed/ (ote' 142 as legitime N BC*CCC 142 & intestac N BC*CCC a. 1eserva Maxima , B41C of land from 9S is reser#a&le &. 1eserva Minima , 142 of the land from 9S is reser#a&le ?. Same as num&er ? &ut " had a will stating 2I &equeath 14$ of m estate to m mother.2 .hat is reser#ed/
"%;E B>

(ote'
142 as legitime N BC*CCCM 14$ & intestac N $C*CCC 14$ & will N $C*CCC
!4$ & ope, 4 ration of law
a. 1eserva maxima ,, .hole land from 9S is reser#a&le &. 1eserva minima ,, !4$ of land from 9S is reser#a&le +oo3 at how much passes & operation of law. 1his arises onl if' 1. " dies lea#ing propert he got from 9S & gratuitous title and other propert from other sources. 2. " made a will instituting the reservista to part of the estate. GI. -I;51S %(D )0+I;%1I)(S )6 15E "%-1IES. -ights of 1eservatorio 1. 1o demand in#entor and appraisal 2. 1o demand annotation of reser#a&le character of the prop. !. 1o demand securit 4 &ond )&ligations of 1eservista 1. 1o in#entor and appraise 2. 1o annotate reser#a&le character of proper. w4in DC da s !. 1o gi#e scurit 4 &ond
Suma a #. I%8 ,, It is <urisprudence onl that states that there is an o&ligation to annotate. 1he other rights exist & analog from the )ld 8ode wherein similar rights existed for reserva viudal. GIII. Extinguishment 1. Death of reservista ,, (o more reserva troncal. 1he reservatorios get the propert . If there are no reservatorios* the prop. shall form part of the estate of the reservista. It is a 3ind of dela ed succession (E0+ -e es) from the prepositus. 8ano #. Director ,, 1he reser#ed prop. does not form part of the reservista6s estate if there are reservatorios 2. Death of all the reservatorios ,, 1eservista6s title to the prop. &ecomes a&solute and unconditional. !. 6ortuitous loss of the reser#ed prop. If the loss was due to the fault of the reservista* the securit will answer for the propert . $. .ai#er & all the reservatorios pro#ided no reser#atorio is su&sequentl &orn ,, 1his is a tentati#e extinguishment &ec. those su&sequentl &orn cannot &e &ound & the wai#er. % wai#er is personal. >. -egistration of the prop. under the 1orrens s stem & an innocent purchaser for #alue wherein the reser#a&le character of the prop. is not annotated on the title ,, not reall an extinguishment &ut more of a freeing of the prop. 1he reservista* howe#er* is lia&le for the #alue of the prop. plus damages.
"%;E B?

?. Extincti#e prescription ,, reservista ad#ersel occupies the prop. or openl denies the reserva. @. 9erger ,, 1eservista can alienate ,, &ut must &e to all the reservatorios or if onl to one* then merger ta3es place onl w4 regard to that share. In settlement proceedings of the estate of the reservista, reservatorios ma enter a claim to exclude the prop. from the in#entor . 1eservatorios can also file an accion reivindicatoria. 5owe#er* this is usuall consolidated w4 the settlement proceedings.
Art. 6D=. $,e testator cannot de"rive ,is co!"u sory ,eirs of t,eir egiti!e: e>ce"t in cases e>"ress y s"ecified by a+. Neit,er can ,e i!"ose u"on t,e sa!e any burden: encu!brance: condition: or substitution of any Eind +,atsoever. 0alane' "ar. 1.,, 1he testator cannot depri#e his compulsor heirs of their legitime. )therwise* he will preterit them or disinherit them ineffecti#el . "ar. 2.,, See %rt. B?$ and B@2. 1he principle is that the testator has no power o#er the legitime Exceptions' a. %rt. 2!B.,, 6amil home,, 1en (1C) ears. &. %rt. 1CBC.,, "artition inter vivos of will c. %rt. 1CB!.,, Indi#ision for 2C ears d. %rt. BD1.,, 1eserva troncal. Art. 6DA. Every renunciation or co!"ro!ise as regards a future egiti!e bet+een t,e "erson o+ing it and ,is co!"u sory ,eirs is void: and t,e atter !ay c ai! t,e sa!e u"on t,e deat, of t,e for!er8 but t,ey !ust bring to co ation +,atever t,ey !ay ,ave received by virtue of t,e renunciation or co!"ro!ise. 0alane' 1his is the prodigal son pro#ision. 1. 9one recei#ed & the compulsor heir (is) considered as ad#ance on his legitime. %rt. DC> prohi&its an contract or agreement &etween the predecessor and the successor. E#en if there is an agreement* the same is not &inding and the heir can still get his legitime minus the ad#ance. 2. If the agreement is &etween the heir and his &rother that he will wai#e his legitime in fa#or of his &rother* can he later claim his legitime after their father:s death/ (o. 1he agreement is #oid under %rt. 1!$@ that 2(o contract ma &e entered into upon future inheritance except in cases expressl authoriAed & law.2 1wo #iews' a. 1olentino.,, 1he heir should return mone to his &rother as a matter of equit .
"%;E B@

1his is not a case of collation &ec. the mone was not recei#ed from the decedent. &. Do not return the mone &ec. the are in pari delicto. 1he should &e left as the are. 1he reason is that the right of the compulsor heirs is onl inchoate* the same principle applied in %rt. @@@.
Art. 6D@. Any co!"u sory ,eir to +,o! t,e testator ,as eft any tit e ess t,an t,e egiti!e be onging to ,i! !ay de!and t,at t,e sa!e be fu y satisfied. 0alane' 20 an title2 means & gratuitous title. (It also co#ers) donation inter vivos which are considered ad#ances on the legitime. -elate this pro#ision to %rticles DCD and D1C. -elate his also to %rt. 1C?2 where the testator expresses otherwise for purposes of collation onl and not preterition. Art. 6D4. $esta!entary dis"ositions t,at i!"air or di!inis, t,e egiti!e of t,e co!"u sory ,eirs s,a be reduced on "etition of t,e sa!e: insofar as t,ey !ay be inofficious or e>cessive. 0alane' -elate this pro#ision to %rt. 1C11. Art. 6DC. $o deter!ine t,e egiti!e: t,e va ue of t,e "ro"erty eft at t,e deat, of t,e testator s,a be considered: deducting a debts and c,arges: +,ic, s,a not inc ude t,ose i!"osed in t,e +i . $o t,e net va ue of t,e ,ereditary estate: s,a be added t,e va ue of a donations by t,e testator t,at are sub3ect to co ation: at t,e ti!e ,e !ade t,e!. 0alane' 5ow to compute the net estate' 1. In#entor all gross assets. 2. Deduct unpaid de&ts from the gross assets since the de&ts of the decedent are to &e paid & his estate. ;ross assets , De&ts N %#aila&le assets. !. %dd donations inter vivos made & the decedent to an one. 1he #alue of the donated propert is to &e ascertained at the time the donation was made. %n change in the #alue is for the account of the donee,owner. %#aila&le assets O Donations N (et 5ereditar Estate. L 1he &asis for computing the legitime ;ross %ssets )utstanding de&ts "2*>CC*CCC >CC*CCC
"%;E BB

%#aila&le assets Donation to eldest son KDD1 stoc3 to &rother Donation to daughter (et Estate If there are ! children , legitime N Spouse , legitime N >CC*CCC.
2*CCC*CCC O !CC*CCC O >CC*CCC O 2CC*CCC "!*CCC*CCC 1*>CC*CCC >CC*CCC each.
Art. 6D6. %onations given to c,i dren s,a be c,arged to t,eir egiti!e. %onations !ade to strangers s,a be c,arged to t,at "art of t,e estate of +,ic, t,e testator cou d ,ave dis"osed by ,is ast +i . Insofar as t,ey !ay be inofficious or !ay e>ceed t,e dis"osab e "ortion: t,ey s,a be reduced according to t,e ru es estab is,ed by t,is Code.
Art. 67D. %onations +,ic, an i egiti!ate c,i dI !ay ,ave received during t,e ifeti!e of ,is fat,er or !ot,er: s,a be c,arged to ,is egiti!e. S,ou d t,ey e>ceed t,e "ortion t,at can be free y dis"osed of: t,ey s,a be reduced in t,e !anner "rescribed by t,is Code. 0alane' %rticles DCD and D1C are ta3en together. %. 1. Donation to child* whether legitimate or illegitimate Donation to parents or ascendants (%rt. 1C?2.) ;eneral rule' 8harged to the legitime Exception' If the testator pro#ides otherwise. (%rt. 1C?2.) 2. Donation to spouse ;eneral rule' (ot allowed. Exception' ;ifts of moderate #alue; treat the same as a donation to a compulsor heir. !. Donation to a stranger ,, charged to the free portion.
0. 8ollation (%rt. 1C?1.) 1. 1hree senses a. 8omputation.,, %rt. DCB* par. 2 &. Imputation.,, %rticles DCD and D1C. c. -eduction4 return.,, %rticles D11 to D1!. 2. Example*
"%;E BD

F ,,,,,,,,,,,,,,,, L L L ' % 0 8 D ;ross Estate +ess' De&ts %#aila&le assets %dd' Donations' 1DB@ to % 1DBD to 9 1DD1 to D (et 5ereditar Estate +egtimes ' Donation %d#ance on +egitime 1>*CCC C C $C*CCC ' @C*CCC !>*CCC !>*CCC 1>*CCC !C*CCC $C*CCC 12C*CCC +ac3 HHHHHHH
% 0 8 D
2C*CCC 2C*CCC 2C*CCC 1C*CCC
>*CCC 2C*CCC 2C*CCC (!C*CCC)
"$>*CCC is needed to compl w4 the legitime &ut (we) onl ha#e !>*CCC a#aila&le assets. So we need 1C*CCC. -educe the donations. a. Donation to 0 is considered as donation to a stranger as far as the !C*CCC is concerned &. Donation to 9 is a donation to a stranger c. Donation to % is not su&<ect to reduction
1he first to &ear the reduction is the donation to D* so deduct 1C*CCC from him % 0 8 D 9 N N N N N 2C*CCC 2C*CCC 2C*CCC !C*CCC !C*CCC
Art. 677. After t,e egiti!e ,as been deter!ined in accordance +it, t,e t,ree "receding artic es: t,e reduction s,a be !ade as fo o+s: )7* %onations s,a be res"ected as ong as t,e egiti!e can be covered: reducing or annu ing: if necessary: t,e devise or egacies !ade in t,e +i 8
"%;E DC

)9* $,e reduction of t,e devises or egacies s,a be pro rata: +it,out any distinction +,atever. If t,e testator ,as directed t,at a certain devise or egacy be "aid in "reference to ot,ers: it s,a not suffer any reduction unti t,e atter ,ave been a"" ied in fu to t,e "ay!ent of t,e egiti!e. )5* If t,e devise or egacy consists of a usufruct or ife annuity: +,ose va ue !ay be considered greater t,an t,at of t,e dis"osab e "ortion: t,e co!"u sory ,eirs !ay c,oose bet+een co!" ying +it, t,e testa!entary "rovision and de ivering to t,e devisee or egatee t,e "art of t,e in,eritance of +,ic, t,e testator cou d free y dis"ose. 0alane' )rder of reduction 1. +egacies and de#ises. (%rt. DC@.) ;eneral rule' "ro,rata. Exception' "referred ones as stated & the testator will &e the last to &e reduced among the de#ises and legacies if still needed. 2. -educe donations to strangers. -ule' 9ost recent donation to &e reduced first (earlier donations are preferred.) See %rt. @@!* (88. (ote' 1 and 2 will &e reduced e#en up to C as long as needed. !. -educe the share of illegitimate children.
Art. 6AD. If t,e estate s,ou d not be sufficient to cover a t,e egacies or devises: t,eir "ay!ent s,a be !ade in t,e fo o+ing order: )7* Re!uneratory egacies or devises8 )9* Legacies or devises dec ared by t,e testator to be "referentia 8 )5* Legacies for su""ort8 )=* Legacies for education8 )A* Legacies or devises of a s"ecific: deter!inate t,ing +,ic, for!s "art of t,e estate8 )@* A ot,ers "ro rata.
Art. 679. If t,e devise sub3ect to reduction s,ou d consist of rea "ro"erty: +,ic, cannot be convenient y divided: it s,a go to t,e devisee if t,e reduction does not absorb one&,a f of its va ue8 and in a contrary case: to t,e co!"u sory ,eirs8 but t,e for!er and t,e atter s,a rei!burse eac, ot,er in cas, for +,at res"ective y be ongs to t,e!. $,e devisee +,o is entit ed to a egiti!e !ay retain t,e entire "ro"erty: "rovided its va ue does not e>ceed t,at of t,e dis"osab e "ortion and of t,e s,are "ertaining to ,i! as egiti!e. Art. 675. If t,e ,eirs or devisees do not c,oose to avai t,e!se ves of t,e rig,t granted by t,e "receding artic e: any ,eir or devisee +,o did not ,ave suc, rig,t !ay e>ercise it8 s,ou d t,e atter not !aEe use of it: t,e "ro"erty s,a be so d at "ub ic auction at t,e instance of any one of t,e interested "arties. Art. 67=. $,e testator !ay devise and be'ueat, t,e free "ortion as ,e !ay dee! fit.
"%;E D1

Section @.&& $isinheritance. 0alane' % compulsor heir cannot depri#e his compulsor heir of his legitime unless expressl pro#ided & law. 1he law expressl pro#ides onl one wa * #alid disinheritance. -equisites' 1. 9ade in a #alid will. (%rt. D1?.) 2. Identit of the heir is clearl esta&lished !. 6or a legal cause. (%rticles D1D to D21.) $. Expressl made >. 8ause stated in the will. ?. %&solute or unconditional (not 2if he doesn:t apologiAe.2) @. 1otal B. 8ause must &e true and if challenged & the heir* it must &e pro#ed to &e true (proponent of disinheritance has the &urden of proof.)
Art. 67A. A co!"u sory ,eir !ay: in conse'uence of disin,eritance: be de"rived of ,is egiti!e: for causes e>"ress y stated by a+. Art. 67@. %isin,eritance can be effected on y t,roug, a +i +,erein t,e ega cause t,erefor s,a be s"ecified. Art. 674. $,e burden of "roving t,e trut, of t,e cause for disin,eritance s,a rest u"on t,e ot,er ,eirs of t,e testator: if t,e disin,erited ,eir s,ou d deny it. Art. 67C. %isin,eritance +it,out a s"ecification of t,e cause: or for a cause t,e trut, of +,ic,: if contradicted: is not "roved: or +,ic, is not one of t,ose set fort, in t,is Code: s,a annu t,e institution of ,eirs insofar as it !ay "re3udice t,e "erson disin,erited8 but t,e devises and egacies and ot,er testa!entary dis"ositions s,a be va id to suc, e>tent as +i not i!"air t,e egiti!e. Art. 676. $,e fo o+ing s,a be sufficient causes for t,e disin,eritance of c,i dren and descendants: egiti!ate as +e as i egiti!ate: )7* /,en a c,i d or descendant ,as been found gui ty of an atte!"t against t,e ife of t,e testator: ,is or ,er s"ouse: descendants: or ascendants8 )9* /,en a c,i d or descendant ,as accused t,e testator of a cri!e for +,ic, t,e a+ "rescribes i!"rison!ent for si> years or !ore: if t,e accusation ,as been found ground ess8 )5* /,en a c,i d or descendant ,as been convicted of adu tery or concubinage +it, t,e s"ouse of t,e testator8 )=* /,en a c,i d or descendant by fraud: vio ence: inti!idation: or undue inf uence causes t,e testator to !aEe a +i or to c,ange one a ready !ade8 )A* A refusa +it,out 3ustifiab e cause to su""ort t,e "arent or ascendant +,o
"%;E D2

disin,erits suc, c,i d or descendant8 )@* #a treat!ent of t,e testator by +ord or deed: by t,e c,i d or descendants8 )4* /,en a c,i d or descendant eads a dis,onorab e or disgracefu ife8 )C* Conviction of a cri!e +,ic, carries +it, it t,e "ena ty of civi interdiction. 0alane' 1his is an exclusi#e list and not illustrati#e. ;rounds' 1. %ttempt against the life* etc.,, 6inal con#iction is necessar . 2%ttempt2 is a generic term which includes all 3inds of commission* whether frustrated or consummated. Intent to 3ill must &e present. 2. %ccusation. Elements' a. %ccusation is a generic term which includes' (i) filing of an information; (ii) presenting incriminating e#idence; (iii) acting as a witness against the ascendant. &. Imprisonment of more than six (?) ears c. %ccusation is groundless.,, %scendant is acquitted on the finding that' (i) there is no crime; or (ii) that the ascendant did not commit it. If the ascendant was acquitted on reasona&le dou&t* the ascendant cannot disinherit &ecause the accusation is not groundless. !. %dulter and concu&inage.,, 1his needs con#iction. remarries someone oung and ou ha#e an affair with that person. E.g.* .hen our parent
$. 6raud* #iolence* intimidation or undue influence as regards the will.,, 1his goes into the #er essence of will,ma3ing,, the freedom depri#ed & the child or descendant. It does not mention pre#ent &ecause if he was pre#ented* how can he ma3e a will of disinheritance/ "re#ention is a ground for unworthiness (%rt. 1C!2* par. @) which has the same effect as disinheritance. >. -efusal to support without <ustifia&le cause.,, -efusal* itself* is not a ground; it must &e un<ustified. E.g.* In the 68* there is an order of preference for support. 1he person ma &e willing to support &ut it is not economicall feasi&le. % person must support his wife and children first. 1here is here a <ustified refusal. ?. 9altreatment.,, (o con#iction is required as compared to num&er 1 wherein con#iction is needed. 1his ma &e pro#en & preponderance of e#idence. It is possi&le for an act not to fall in num&er 1 &ut to fall in num&er ?. E.g.* 1he son shoots his father. 1he father is wounded &ut he reco#ers. 1he father does not want a scandal so he does not file charges against his son. So* he disinherits his son not under num&er 1 &ut under no. ?. @. +eads a dishonora&le life.,, 1his is a catch,all pro#ision. 2+eads2 denotes ha&itualit . Dishonora&le and disgraceful are &ased on the sense of the communit as percei#ed & the <udge. It is not limited to sexual immoralit . E.g.* drug addict* alcoholic. D. 8i#il Interdiction.,, 8on#iction is required. %ccessor penalt that goes w4 the principal penalt of reclusion temporal and up.
"%;E D!

(otes' 8on#iction is required in num&ers 1* ! and D. Art. 69D. $,e fo o+ing s,a be sufficient causes for t,e disin,eritance of "arents or ascendants: +,et,er egiti!ate or i egiti!ate: )7* /,en t,e "arents ,ave abandoned t,eir c,i dren or induced t,eir daug,ters to ive a corru"t or i!!ora ife: or atte!"ted against t,eir virtue8 )9* /,en t,e "arent or ascendant ,as been convicted of an atte!"t against t,e ife of t,e testator: ,is or ,er s"ouse: descendants: or ascendants8 )5* /,en t,e "arent or ascendant ,as accused t,e testator of a cri!e for +,ic, t,e a+ "rescribes i!"rison!ent for si> years or !ore: if t,e accusation ,as been found to be fa se8 )=* /,en t,e "arent or ascendant ,as been convicted of adu tery or concubinage +it, t,e s"ouse of t,e testator8 )A* /,en t,e "arent or ascendant by fraud: vio ence: inti!idation: or undue inf uence causes t,e testator to !aEe a +i or to c,ange one a ready !ade8 )@* $,e oss of "arenta aut,ority for causes s"ecified in t,is Code8 )4* $,e refusa to su""ort t,e c,i dren or descendants +it,out 3ustifiab e cause8 )C* An atte!"t by one of t,e "arents against t,e ife of t,e ot,er: un ess t,ere ,as been a reconci iation bet+een t,e!. 0alane' (um&ers 2* > and @ are the same as the grounds in %rt. D1D. ;rounds' 1. Enumerates ! grounds' a. %&andonment & parent of his children.,, In a&andonment* there are two (2) #iews' 1. Strict.,, +ea#ing them alone while still children under circumstances that would endanger them. 2. %ccepted.,, %n case where a parent* without <ustifia&le cause* withholds his care. E.g.* +ea#ing someone at the doorstep. &. Induced their daughter to li#e a corrupt or immoral life.,, Does it include grandparents to granddaughters/ =es. 1he pro#ision co#ers ascendant:s #is,U,#is descendants. c. %ttempt against their #irtues.,, 9ere attempt is enough as long as it can &e pro#en. (ote' In all ! cases* con#iction is not required. ?. +oss of parental authorit .,, 68 does not include all causes of loss of parental authorit . Exception' %doption* age of ma<orit . 1he grounds refer to those which in#ol#e the same moral culpa&ilit . Exception' %rticles 22D* par. $* 2!C and 2!1 of 68. B. %ttempt & a parent against the other.,, 1his does not need con#iction. Exception' .hen the reconcile. 1his presupposes that there is no disinheritance et. +osses right to disinherit upon reconciliation. 0ut what if alread disinherited &efore reconciliation/ 1his is not clear. 0ut it should &e considered re#o3ed &ec. in case of dou&t* resol#e against disinheritance.
"%;E D$

Art. 697. $,e fo o+ing s,a be sufficient causes for disin,eriting a s"ouse: )7* /,en t,e s"ouse ,as been convicted of an atte!"t against t,e ife of t,e testator: ,is or ,er descendants: or ascendants8 )9* /,en t,e s"ouse ,as accused t,e testator of a cri!e for +,ic, t,e a+ "rescribes i!"rison!ent for si> years or !ore: and t,e accusation ,as been found to be fa se8 )5* /,en t,e s"ouse by fraud: vio ence: inti!idation: or undue inf uence causes t,e testator to !aEe a +i or to c,ange one a ready !ade8 )=* /,en t,e s"ouse ,as given cause for ega se"aration8 )A* /,en t,e s"ouse ,as given grounds for t,e oss of "arenta aut,ority8 )@* Un3ustifiab e refusa to su""ort t,e c,i dren or t,e ot,er s"ouse. 0alane' Similar grounds found in %rticles D1D and D2C. 1. 0oth. 2. 0oth. !. 0oth. >. %rt. D2C onl . ?. 0oth. 1he onl new ground is num&er $' +egal separation is not a ground. If there is legal separation* ou do not need to disinherit. Disinheritance ta3es place & operation of law. %s long as there is cause for legal separation* ou can disinherit pro#ided ou are the offended spouse. Art. 699. A subse'uent reconci iation bet+een t,e offender and t,e offended "erson de"rives t,e atter of t,e rig,t to disin,erit: and renders ineffectua any disin,eritance t,at !ay ,ave been !ade. 0alane' 1. -econciliation.,, 1wo persons who are at odds decide to set aside their differences and to resume their relations. 1he need not go &ac3 to their old relation. % handsha3e is not reconciliation. It has to &e something more. It must &e clear and deli&erate. 2. .hat is the effect of reconciliation/ a. If there is no will.,, It depri#es the offended person of his right to disinherit the offending person. &. If alread disinherited.,, It sets aside disinheritance alread made. !. 1his is inconsistent with %rt. 1C!!. In disinheritance* reconciliation is sufficient. It need not &e in writing. In unworthiness* howe#er* it needs to &e in writing. 1his is inconsistent &ec. when ou are dealing w4 the express will to disinherit* reconciliation is enough when ou are dealing w4 the presumed will* it must &e in writing. Art. 695. $,e c,i dren and descendants of t,e "erson disin,erited s,a taEe ,is or ,er " ace and s,a "reserve t,e rig,ts of co!"u sory ,eirs +it, res"ect to t,e egiti!e8 but t,e disin,erited "arent s,a not ,ave t,e usufruct or ad!inistration of t,e "ro"erty +,ic, constitutes t,e egiti!e. 0alane' -epresentation in case of disinheritance'
"%;E D>

1. Effect of disinheritance is not explicitl pro#ided for. 1he total exclusion N loss of legitime* right to intestate succession* and of an disposition in a prior will. 2. 21a3es place onl in legitime.2,, 1he law assumes that free portion has &een gi#en awa . If not* include the intestate portion. !. -epresentation.,, (1his is applica&le onl ) if (the) person disinherited is a child or descendant. Includes &oth legitime and intestate share of the disinherited heir. F ,,,,,,,,,, L
L % 0 ,,,,,,,, K K a1
a2
a. F made a will gi#ing =* a friend* 142 of his estate. 1his co#ered the free portion. F #alidl disinherited %. 8an a1 and a2 represent %/ =es. 8hildren of % can represent him as to the legitime onl &ec. the free portion has &een gi#en to 0. &. F #alidl disinherits %. F did not dispose of his free portion. 5ow much will the children of % inherit from F/ 1he will inherit %:s share in the legitime and in the free portion* 14$ ,, legitime 14$ ,, free portion. 1he representati#e of the disinherited person will recei#e &oth the legitime and the free portion which might ha#e accrued to the person disinherited if he had not &een disinherited. Section 4.&& Legacies and $evises. 0alane' Definition in %rt. @B2 is not a good definition. 1. 8astan.,, 2% legac or a de#ise is a gratuitous grant in a will of a specific personal or real propert .2 2. a. In a de#ise or legac * 2a person succeeds & particular title*2 to a specific propert . &. 5eir is 2a person who succeeds & uni#ersal title*2 to a fractional part of the estate. Art. 69=. A t,ings and rig,ts +,ic, are +it,in t,e co!!erce of !an !ay be be'ueat,ed or devised. 0alane' .hat can &e &equeathed or de#ised/ %n thing w4in the commerce of man or w4c is aliena&le.
"%;E D?

Art. 69A. A testator !ay c,arge +it, egacies and devises not on y ,is co!"u sory ,eirs but a so egatees and devisees. $,e atter s,a be iab e for t,e c,arge on y to t,e e>tent of t,e va ue of t,e egacy of t,e devise received by t,e!. $,e co!"u sory ,eirs s,a not be iab e for t,e c,arge beyond t,e a!ount of t,e free "ortion given t,e!. 0alane' 1his pro#ision gi#es a misimpression. ;eneral rule' +egac or de#ise is an o&ligation of the estate unless it impairs the legitimes. Exception' If the o&ligation is imposed & the testator on a testamentar heir* de#isee or legatee. 1he o&ligation &ecomes a su&,de#ise or su&,legac N mode imposed on the heir* de#isee or legatee. E.g.* 2I gi#e % 14$ of m estate &ut I impose upon him the o&ligation to gi#e 0 a car.2 If % wants to accept the 14$* he will ha#e to gi#e a car to 0. Art. 69@. /,en t,e testator c,arges one of t,e ,eirs +it, a egacy or devise: ,e a one s,a be bound. S,ou d ,e not c,arge anyone in "articu ar: a s,a be iab e in t,e sa!e "ro"ortion in +,ic, t,ey !ay in,erit. Art. 694. If t+o or !ore ,eirs taEe "ossession of t,e estate: t,ey s,a be so idari y iab e for t,e oss or destruction of a t,ing devised or be'ueat,ed: even t,oug, on y one of t,e! s,ou d ,ave been neg igent. Art. 69C. $,e ,eir +,o is bound to de iver t,e egacy or devise s,a be iab e in case of eviction: if t,e t,ing is indeter!inate and is indicated on y by its Eind. 0alane' (1his is a) &ad wa to put it. %s in %rt. D2>* it is not the heir* de#isee or legatee who is lia&le &ut the estate unless su&,legac is imposed. E.g.* 2I gi#e a fishpond to F.2 1he fishpond was gi#en to F. If a third person then puts a claim on the fishpond and succeeds in ta3ing possession of the fishpond & winning the suit* then as a general rule* the estate is lia&le unless it is a su&,de#ise or su&,legatee* in w4c case the de#isee or legatee is lia&le. Art. 696. If t,e testator: ,eir: or egatee o+ns on y a "art of: or an interest in t,e t,ing be'ueat,ed: t,e egacy or devise s,a be understood i!ited to suc, "art or interest: un ess t,e testator e>"ress y dec ares t,at ,e gives t,e t,ing in its entirety. 0alane' 1he propert gi#en is owned onl in part & the testator. ;eneral rule' If the testator owns onl a part* the de#isee or legatee will onl get that part. Exceptions' (1) 1estator gi#es more.,, E.g.* ;i#ing it in it:s entiret . 5ow/ 1he estate should &u out the rest of the propert . If co,owners don:t li3e to sell* then the estate gi#es him the testator:s
"%;E D@

share plus the cash #alue of the rest of the propert . (2) 1estator gi#es less.,, %rt. @D$. Art. 65D. $,e egacy or devise of a t,ing be onging to anot,er "erson is void: if t,e testator erroneous y be ieved t,at t,e t,ing "ertained to ,i!. But if t,e t,ing be'ueat,ed: t,oug, not be onging to t,e testator +,en ,e !ade t,e +i : after+ards beco!es ,is: by +,atever tit e: t,e dis"osition s,a taEe effect. Art. 657. If t,e testator orders t,at a t,ing be onging to anot,er be ac'uired in order t,at it be given to a egatee or devisee: t,e ,eir u"on +,o! t,e ob igation is i!"osed or t,e estate !ust ac'uire it and give t,e sa!e to t,e egatee or devisee8 but if t,e o+ner of t,e t,ing refuses to a ienate t,e sa!e: or de!ands an e>cessive "rice t,erefor: t,e ,eir or t,e estate s,a on y be ob iged to give t,e 3ust va ue of t,e t,ing. 0alane' %rticles D!C and D!1. %rt. D!C.,, ;eneral rule' % legac or de#ise of a thing &elonging to someone else when the testator thought that he owned it is a #oid legac or de#ise &ec. it is #itiated & mista3e. Exception' If the testator acquires it after ma3ing his will. %rt. D!1.,, If the thing gi#en as de#ise or legac is not owned & the testator at the time he made the will &ut he orders his estate to acquire it* it is a #alid legac or de#ise. 1he testator 3new that he did not own it. 1here is no mista3e. 9iddle ground.,, Supposing' a. 1he testator 3new that he did not own it.,, %rt. D!C does not appl . &. 1estator does not order his estate to purchase it.,, %rt. D!1 does not appl . .hat is the status of that legac or de#ise/ %ccording to 1olentino* when the testator ga#e the legac or de#ise 3nowing that it is not his* there is an implied order to the estate to acquire it. %ppl %rt. D!1 & analog . %t the #er least* there is a dou&t and dou&ts are resol#ed in fa#or of #alidit . Art. 659. $,e egacy or devise of a t,ing +,ic, at t,e ti!e of t,e e>ecution of t,e +i a ready be onged to t,e egatee or devisee s,a be ineffective: even t,oug, anot,er "erson !ay ,ave interest t,erein. If t,e testator e>"ress y orders t,at t,e t,ing be freed fro! suc, interest or encu!brance: t,e egacy or devise s,a be va id to t,at e>tent. 0alane' +egac of a thing alread &elonging to the legatee or de#isee. Art. 655. If t,e t,ing be'ueat,ed be onged to t,e egatee or devisee at t,e ti!e of t,e e>ecution of t,e +i : t,e egacy or devise s,a be +it,out effect: even t,oug, it !ay ,ave been subse'uent y a ienated by ,i!. If t,e egatee or devisee ac'uires it gratuitous y after suc, ti!e: ,e can c ai! not,ing by virtue of t,e egacy or devise8 but if it ,as been ac'uired by onerous tit e ,e can de!and rei!burse!ent fro! t,e ,eir or t,e estate.
"%;E DB

0alane' 1his is the same situation as in %rt. D!2. "ar. 1.,, 1he legac or de#ise is ineffecti#e e#en if the legatee or de#isee alienates the thing after the will is made. "ar. 2.,, If at the time the legac or de#ise is made* the thing did not &elong to the legatee or de#isee &ut later on he acquires it* then' a. If he acquired it & gratuitous title* then the legac or de#ise is #oid &ec. the purpose of the testator that the propert go to the de#isee or legatee has alread &een accomplished with no expense to the legatee or de#isee. &. If he acquired it & onerous title* then the legac or de#ise is #alid and the estate ma &e required to reim&urse the amount. Art. 65=. If t,e testator s,ou d be'ueat, or devise so!et,ing " edged or !ortgaged to secure a recoverab e debt before t,e e>ecution of t,e +i : t,e estate is ob iged to "ay t,e debt: un ess t,e contrary intention a""ears. $,e sa!e ru e a"" ies +,en t,e t,ing is " edge or !ortgaged after t,e e>ecution of t,e +i . Any ot,er c,arge: "er"etua or te!"orary: +it, +,ic, t,e t,ing be'ueat,ed is burdened: "asses +it, it to t,e egatee or devisee. 0alane' "ar. 1.,, 1he purpose of the pa ment of de&t is so that the legatee or de#isee will get it free from encum&rance. ;eneral rule' "ledge4 mortgage must &e paid & the estate. Exception' If the testator pro#ides otherwise. "ar. !.,, E.g.* Easement* usufruct. Art. 65A. $,e egacy of a credit against a t,ird "erson or of t,e re!ission or re ease of a debt of t,e egatee s,a be effective on y as regards t,at "art of t,e credit or debt e>isting at t,e ti!e of t,e deat, of t,e testator. In t,e first case: t,e estate s,a co!" y +it, t,e egacy by assigning to t,e egatee a rig,ts of action it !ay ,ave against t,e debtor. In t,e second case: by giving t,e egatee an ac'uittance: s,ou d ,e re'uest one. In bot, cases: t,e egacy s,a co!"rise a interests on t,e credit or debt +,ic, !ay be due t,e testator at t,e ti!e of ,is deat,. Art. 65@. $,e egacy referred to in t,e "receding artic e s,a a"se if t,e testator: after ,aving !ade it: s,ou d bring an action against t,e debtor for t,e "ay!ent of ,is debt: even if suc, "ay!ent s,ou d not ,ave been effected at t,e ti!e of ,is deat,. $,e egacy to t,e debtor of t,e t,ing " edged by ,i! is understood to disc,arge on y t,e rig,t of " edge. 0alane' 1he legac to the de&tor of the thing pledged & him is understood to discharge onl the right of pledge. Art. 654. A generic egacy of re ease or re!ission of debts co!"rises t,ose e>isting at t,e ti!e of t,e e>ecution of t,e +i : but not subse'uent ones.
"%;E DD

0alane' +egac of credit or remission. %rticles D!> to D!@. %. Definitions. 1. +egac of credit.,, ta3es place when the testator &equeaths to another a credit against a third person. In effect* it is a novation of the credit & the su&rogation of the legatee in the place of the original creditor. E.g.* 2I gi#e to % all the de&ts 0 owes me.2 2. +egac of remission.,, a testamentar disposition of a de&t in fa#or of the de&tor. 1he legac is #alid onl to the extent of the amount of the credit existing at the time of the testator:s death. In effect* the de&t is extinguished. E.g.* 2I gi#e to % as legac his de&t to me.2 0. -ules applica&le. 1. %rt. D!>.,, +egac applies onl to the amounts outstanding at the time of the testator:s death. E.g.* % owes 0 "1*CCC. 0 ma3es a will gi#ing as legac to % the de&t of %. %fter the will is made* % pa s 0 >CC. 5ow much is the legac / ">CC. 2. %rt. D!?.,, 1he legac is re#o3ed if the testator files an action (<udicial suit) against the de&tor. E.g.* % &equeaths the credit he has against 0 to 0. %fter ma3ing the will* % sues 0 for collection. % dies while the suit is pending. Does 0 ha#e a right to the credit/ (o. 1he filing of the action re#o3ed the legac . !. %rt. D!@.,, It applies onl to credits existing at the time the will was made* and not to su&sequent credits. E.g.* 2I gi#e to % all the credits I ha#e against 0.2 .hen the will was made* 0 had ! de&ts. %fter the will was made* 0 incurs 2 more de&ts. .hich ones can % claim/ ;eneral rule' )nl the first !. Exception' .hen the testator pro#ides otherwise. Art. 65C. A egacy or devise !ade to a creditor s,a not be a"" ied to ,is credit: un ess t,e testator so e>"ress y dec ares. In t,e atter case: t,e creditor s,a ,ave t,e rig,t to co ect t,e e>cess: if any: of t,e credit or of t,e egacy or devise. 0alane' ;eneral rule' +egac or de#ise is not considered pa ment of a de&t. .h / 0ec. if it is* then it would &e a useless legac or de#ise since it will reall &e paid. Exception' If the testator pro#ides otherwise. Art. 656. If t,e testator orders t,e "ay!ent of +,at ,e be ieves ,e o+es but does not in fact o+e: t,e dis"osition s,a be considered as not +ritten. If as regards a s"ecified debt !ore t,an t,e a!ount t,ereof is ordered "aid: t,e e>cess is not due: un ess a contrary intention a""ears. $,e foregoing "rovisions are +it,out "re3udice to t,e fu fi !ent of natura ob igations. Art. 6=D. In a ternative egacies or devises: t,e c,oice is "resu!ed to be eft to t,e ,eir u"on +,o! t,e ob igation to give t,e egacy or devise !ay be i!"osed: or t,e e>ecutor or ad!inistrator of t,e estate if no "articu ar ,eir is so ob iged. If t,e ,eir: egatee or devisee: +,o !ay ,ave been given t,e c,oice: dies before !aEing it: t,is rig,t s,a "ass to t,e res"ective ,eirs.
"%;E 1CC

Once !ade: t,e c,oice is irrevocab e. In a ternative egacies or devises: e>ce"t as ,erein "rovided: t,e "rovisions of t,is Code regu ating ob igations of t,e sa!e Eind s,a be observed: save suc, !odifications as !ay a""ear fro! t,e intention e>"ressed by t,e testator. 0alane' 2heir upon whom the o&ligation to gi#e the legac or de#ise ma &e imposed.2 (1his is) not necessar . +oo3 at the general rule and the exception in %rt. D2>. 1he same rules as in alternati#e o&ligations appl . See %rticles 11DD to 12C?. Art. 6=7. A egacy of generic "ersona "ro"erty s,a be va id if t,ere be no t,ings of t,e sa!e Eind in t,e estate. A devise of indeter!inate rea "ro"erty s,a be va id on y if t,ere be i!!ovab e "ro"erty of its Eind in t,e estate. $,e rig,t of c,oice s,a be ong to t,e e>ecutor or ad!inistrator +,o s,a co!" y +it, t,e egacy by t,e de ivery of a t,ing +,ic, is neit,er of inferior nor of su"erior 'ua ity. 0alane' ;eneric +egac E#en if no thing of the same 3ind exist in the estate* the legac is #alid. 1he estate will ha#e to &u it. #s. Indeterminate De#ise 1here must exist immo#a&les of the same 3ind in order to &e #alid.
.h the difference in the rules/ 5istoricall * in -oman +aw* personal propert was treated with more li&eralit &ec. the were easier to acquire and dispose. If gi#en a choice* I would amend the law and ma3e the same rule applica&le to &oth* namel * the rule on de#ises. 1his would &e more in conformit with the intent of the testator. (0alane.) -ight of choice.,, Executor4 administrator. 9ust gi#e neither inferior nor superior qualit . Art. 6=9. /,enever t,e testator e>"ress y eaves t,e rig,t of c,oice to t,e ,eir: or to t,e egatee or devisee: t,e for!er !ay give or t,e atter !ay c,oose +,ic,ever ,e !ay "refer. Art. 6=5. If t,e ,eir: egatee or devisee cannot !aEe t,e c,oice: in case it ,as been granted ,i!: ,is rig,t s,a "ass to ,is ,eirs8 but a c,oice once !ade s,a be irrevocab e. Art. 6==. A egacy for education asts unti t,e egatee is of age: or beyond t,e age of !a3ority in order t,at t,e egatee !ay finis, so!e "rofessiona : vocationa or genera course: "rovided ,e "ursues ,is course di igent y. A egacy for su""ort asts during t,e ifeti!e of t,e egatee: if t,e testator ,as not ot,er+ise "rovided. If t,e testator ,as not fi>ed t,e a!ount of suc, egacies: it s,a be fi>ed in
"%;E 1C1

accordance +it, t,e socia standing and t,e circu!stances of t,e egatee and t,e va ue of t,e estate. If t,e testator during ,is ifeti!e used to give t,e egatee a certain su! of !oney or ot,er t,ings by +ay of su""ort: t,e sa!e a!ount s,a be dee!ed be'ueat,ed: un ess it be !arEed y dis"ro"ortionate to t,e va ue of t,e estate. 0alane' Duration and %mount of the different legacies. -ules as to amount' 1. %mount prescri&ed & the testator 2. .hat the testator used to gi#e during his lifetime !. In accordance with the social standing and circumstances of the legatee. In other words* according to his needs.
Art. 6=A. If a "eriodica "ension: or a certain annua : !ont, y: or +eeE y a!ount is be'ueat,ed: t,e egatee !ay "etition t,e court for t,e first insta !ent u"on t,e deat, of t,e testator: and for t,e fo o+ing ones +,ic, s,a be due at t,e beginning of eac, "eriod8 suc, "ay!ent s,a not be returned: even t,oug, t,e egatee s,ou d die before t,e e>"iration of t,e "eriod +,ic, ,as co!!enced. 0alane' E.g.* 1estator dies on 9arch 1* 1DD?. 5e has a will gi#ing % a monthl pension of "1*CCC. 1. If we follow %rt. D$> literall * % can compel the estate to gi#e him his pension from 9arch 1* 1DD?. 2. In realit * % has to wait. 1he estate should &e settled first (will pro&ated* pa ment of de&ts* determine if legac is effectual* etc.) %fter settlement of the estate* % can demand his legac and its effecti#it will retroact to 9arch 1* 1DD?. Art. 6=@. If t,e t,ing be'ueat,ed s,ou d be sub3ect to a usufruct: t,e egatee or devisee s,a res"ect suc, rig,t unti it is ega y e>tinguis,ed. 0alane' 1his is the same as in %rt. D!$* par. !. Art. 6=4. t,e egatee or devisee ac'uires a rig,t to t,e "ure and si!" e egacies or devises fro! t,e deat, of t,e testator: and trans!its it to ,is ,eirs.
Art. 6=C. If t,e egacy or devise is of a s"ecific and deter!inate t,ing "ertaining to t,e testator: t,e egatee or devisee ac'uires t,e o+ners,i" t,ereof u"on t,e deat, of t,e testator: as +e as any gro+ing fruits: or unborn offs"ring of ani!a s: or unco ected inco!e8 but not t,e inco!e +,ic, +as due and un"aid before t,e atterGs deat,. 1ro! t,e !o!ent of t,e testatorGs deat,: t,e t,ing be'ueat,ed s,a be at t,e risE of t,e egatee or devisee: +,o s,a : t,erefore: bear its oss or deterioration: and s,a be benefitted by its increase or i!"rove!ent: +it,out "re3udice to t,e res"onsibi ity of t,e e>ecutor or ad!inistrator.
"%;E 1C2

Art. 6=6. If t,e be'uest s,ou d not be of a s"ecific and deter!inate t,ing: but is generic or of 'uantity: its fruits and interests fro! t,e ti!e of t,e deat, of t,e testator s,a "ertain to t,e egatee or devisee if t,e testator ,as e>"ress y so ordered. 0alane' %rticles D$@ to D$D.,, -ules on Demanda&ilit * 6ruits and )wnership. 1. Demanda&ilit depends on whether' a. "ure.,, 7pon the testator:s death. (%rticles D$@* D$>.) &. .ith a term.,, 7pon arri#al of the term c. 8onditional.,, 7pon the happening of the suspensi#e condition. 2. 6ruits w4c depends on whether' a. "ure and specific.,, 7pon the testator:s death. (%rt. D$B.) &. "ure and generic.,, 7pon determination of what is to &e deli#ered to the de#isee or legatee unless the testator pro#ides otherwise. (%rt. D$D.) c. .ith a term.,, 7pon arri#al of the term. d. 8onditional.,, 7pon the happening of the suspensi#e condition. !. )wnership a. "ure and specific.,, 7pon the death of the testator. (%rt. @@@.) &. "ure and generic.,, It depends' (i) if the thing comes from the testator:s estate* upon the testator:s death (ii) if the thing has to &e acquired from a third person* upon the acquisition of the thing. c. .ith a term.,, 7pon the testator:s death (effect retroacts.) d. 8onditional.,, 7pon the testator:s death (effect retroacts.) Art. 6AD. If t,e estate s,ou d not be sufficient to cover a t,e egacies or devises: t,eir "ay!ent s,a be !ade in t,e fo o+ing order: )7* Re!uneratory egacies or devises8 )9* Legacies or devises dec ared by t,e testator to be "referentia 8 )5* Legacies for su""ort8 )=* Legacies for education8 )A* Legacies or devises of a s"ecific: deter!inate t,ing +,ic, for!s "art of t,e estate8 )@* A ot,ers pro rata. 0alane' )rder of preference. 1his conflicts w4 %rt. D11.,, 2If ou reduce legacies* reduce all except those preferred according to the testator.2,, Inconsistent. Solution according to commentators.,, ;i#e each its own sphere of operation' 1. If ou ha#e to reduce &ec. legitimes ha#e &een impaired* follow %rt. D11. 2. If for an other reason* follow %rt. D>C. Art. 6A7. $,e t,ing be'ueat,ed s,a be de ivered +it, a its accessions and accessories and in t,e condition in +,ic, it !ay be u"on t,e deat, of t,e testator.
"%;E 1C!

Art. 6A9. $,e ,eir: c,arged +it, a egacy or devise: or t,e e>ecutor or ad!inistrator of t,e estate: !ust de iver t,e very t,ing be'ueat,ed if ,e is ab e to do so and cannot disc,arge t,is ob igation by "aying its va ue. Legacies of !oney !ust be "aid in cas,: even t,oug, t,e ,eir or t,e estate !ay not ,ave any. $,e e>"enses necessary for t,e de ivery of t,e t,ing be'ueat,ed s,a be for t,e account of t,e ,eir or t,e estate: but +it,out "re3udice to t,e egiti!e. Art. 6A5. $,e egatee or devisee cannot taEe "ossession of t,e t,ing be'ueat,ed u"on ,is o+n aut,ority: but s,a re'uest its de ivery and "ossession of t,e ,eir c,arged +it, t,e egacy or devise: or of t,e e>ecutor or ad!inistrator of t,e estate s,ou d ,e be aut,oriHed by t,e court to de iver it. Art. 6A=. $,e egatee or devisee cannot acce"t a "art of t,e egacy or devise and re"udiate t,e ot,er: if t,e atter be onerous. S,ou d ,e die before ,aving acce"ted t,e egacy or devise: eaving severa ,eirs: so!e of t,e atter !ay acce"t and t,e ot,ers !ay re"udiate t,e s,are res"ective y be onging to t,e! in t,e egacy or devise. 0alane' 1his applies to a situation where there is onl one legac or de#ise. "ar. 2.,, 1he same rule as in accretion* acceptance and renunciation. Art. 6AA. $,e egatee or devisee of t+o egacies or devises: one of +,ic, is onerous cannot renounce t,e onerous one and acce"t t,e ot,er. If bot, are onerous or gratuitous: ,e s,a be free to acce"t or renounce bot,: or to renounce eit,er. But if t,e testator intended t,at t,e t+o egacies or devises s,ou d be inse"arab e fro! eac, ot,er: t,e egatee or devisee !ust eit,er acce"t or renounce bot,. Any co!"u sory ,eir +,o is at t,e sa!e ti!e a egatee or devisee !ay +aive t,e in,eritance and acce"t t,e egacy or devise: or renounce t,e atter and acce"t t,e for!er: or +aive or acce"t bot,. 0alane' 1his applies to a situation where there are two or more legacies or de#ises. ;eneral rule' 1he same rule as in %rt. D>$. Exception' 1estator pro#ides otherwise. Art. 6A@. If t,e egatee or devisee cannot or is un+i ing to acce"t t,e egacy or devise: or if t,e egacy or devise for any reason s,ou d beco!e ineffective: it s,a be !erged into t,e !ass of t,e estate: e>ce"t in cases of substitution and of t,e rig,t of accretion. Art. 6A4. $,e egacy or devise s,a be +it,out effect: )7* If t,e testator transfor!s t,e t,ing be'ueat,ed in suc, a !anner t,at it does not retain eit,er t,e for! or t,e deno!ination it ,ad8 )9* If t,e testator by any tit e or for any cause a ienates t,e t,ing be'ueat,ed or any
"%;E 1C$

"art t,ereof: it being understood t,at in t,e atter case t,e egacy or devise s,a be +it,out effect on y +it, res"ect to t,e "art t,us a ienated. If after t,e a ienation t,e t,ing s,ou d again be ong to t,e testator: even if it be by reason of t,e nu ity of t,e contract: t,e egacy or devise s,a not t,ereafter be va id: un ess t,e reac'uisition s,a ,ave been effected by virtue of t,e e>ercise of t,e rig,t of re"urc,ase8 )5* If t,e t,ing be'ueat,ed is tota y ost during t,e ifeti!e of t,e testator: or after ,is deat, +it,out t,e ,eirGs fau t. Nevert,e ess: t,e "erson ob iged to "ay t,e egacy or devise s,a be iab e for eviction if t,e t,ing be'ueat,ed s,ou d not ,ave been deter!inate as to its Eind: in accordance +it, t,e "rovisions of artic e 69C. 0alane' ;rounds for the re#ocation of legac or de#ise (ta3es effect & operation of law.) 1. 1ransformation of the thing. E.g. a. 2I &equeath m ring to 0.2 %fter ma3ing the will* the ring is melted and turned into a pendant. &. .hen a coconut plantation is transformed into a fishpond. 2. 1his manifests the intent to re#o3e. Exception' If pacto de retro and reacquired during the testator:s lifetime. %nnulment depends on the &asis' a. Gitiated consent.,, (ot re#o3ed &ec. there was no intention to re#o3e &. %ll other reasons.,, -e#o3ed. !. 1otall lost. Art. 6AC. A !istaEe as to t,e na!e of t,e t,ing be'ueat,ed or devised: is of no conse'uence: if it is "ossib e to identify t,e t,ing +,ic, t,e testator intended to be'ueat, or devise. 0alane' 1his is similar to %rt. @BD. Art. 6A6. A dis"osition !ade in genera ter!s in favor of t,e testatorGs re atives s,a be understood to be in favor of t,ose nearest in degree. 0alane' 1his does not refer to legacies and de#ises 1his article is misplaced. 1his should &e in the 8hapter on Institution of 5eirs 1his applies onl in fa#or of the testator:s own relati#es.
"%;E 1C>

C,a"ter 5 LE;AL OR IN$ES$A$E SUCCESSION Section 7.&& 'eneral Provisions. I(1-)D781I)( I. Intestac .,, 1hat which ta3es place & operation of law in default of compulsor and testamentar succession. It is the least preferred among the three modes of succession* &ut is the most common. It ta3es place onl ' (a) insofar as it does not impair legitimes; (&) onl if there is no will disposing of the propert . It applies the principle of exclusion and concurrence (the same principles as in compulsor succession.) II. .5) %-E I(1ES1%1E 5EI-S/ 1. 2. !. $. >. ?. @. B. +egitimate children or descendants Illegitimate children or descendants +egitimate parents or ascendants Illegitimate parents Sur#i#ing spouse 0rothers and sisters* nephews and nieces )ther collateral relati#es up to the fifth degree 1he State.
(otes' (um&ers 1 to > are &oth compulsor and intestate heirs. (um&ers ? to B are intestate heirs. 1his shows wh the rules on legitime are similar to the rules of intestac . III. 0%SI8 -7+ES )6 I(1ES1%8= 1. -ule of -elationship.,, Intestate heir must &e related to the deceased. 1here are four 3inds' a. 6amil .,, 7s familial, ascendants and descendants in the direct line. &. 0lood.,, 7us sanguinis* collaterals up to the fifth degree. c. Spouse.,, 7us con!ugis. d. State.,, 7us imperii* the right of so#ereignt . 2. -ule of "reference of lines.,, 1his is also true in compulsor succession. 1he descending is preferred o#er the ascending. !. -ule on proximit of degree.,, 1his rule excludes the further. (1his qualifies)
"%;E 1C?

representation. $. -ule of equalit among relati#es of the same degree.,, 1his is corollar to the third. 6i#e exceptions' a. -elati#es of the full and half &lood.,, %rt. 1C2? (does not refer to &lood cousins* &ec. the inherit equall .) &. -ule of di#ision & line in the ascending line.,, 9aternal4 paternal c. -ule on preference of lines.,, %rt. D2B if decedent is sur#i#ed & a father and son* the father is excluded. d. Distri&ution &etween legitimate and illegitimate children.,, 2 ' 1* although in the same degree. e. 0 representation.,, 0ecause of this* the inherit in different shares. Art. 6@D. Lega or intestate succession taEes " ace: )7* If a "erson dies +it,out a +i : or +it, a void +i : or one +,ic, ,as subse'uent y ost its va idity8 )9* /,en t,e +i does not institute an ,eir to: or dis"ose of a t,e "ro"erty be onging to t,e testator. In suc, case: ega succession s,a taEe " ace on y +it, res"ect to t,e "ro"erty of +,ic, t,e testator ,as not dis"osed8 )5* If t,e sus"ensive condition attac,ed to t,e institution of ,eir does not ,a""en or is not fu fi ed: of if t,e ,eir dies before t,e testator: or re"udiates t,e in,eritance: t,ere being no substitution: and no rig,t of accretion taEes " ace8 )=* /,en t,e ,eir instituted is inca"ab e of succeeding: e>ce"t in cases "rovided in t,is Code. 0alane' 1his enumeration is not exclusi#e. 1here are other causes. %. Jinds 1. 1otal , (o testamentar disposition at all. 2. "artial , % will that disposes of part of the free portion 0. 8auses 1. when re#o3ed. 2. !. institution. a. 2does not institute an heir.2,, 7seless will as far as succession is concerned. &. 2Does not dispose all.2,, "artial intestac 2Suspensi#e condition does not happen.2,, Intestac as to that specific a. (o will.,, 1otal intestac &. Goid will N no will.,, 1otal intestac c. Erroneous.,, will* once #alid* alwa s #alid &ut ma lose its efficac * e.g.*
$. 2Incapa&le of succeeding,, )nl specific pro#ision will gi#e rise to intestac . >. )thers not in %rt. D?C.
"%;E 1C@

a. 1he arri#al of the resolutor term. &. Impossi&ilit of ascertaining the will of the testator. Art. 6@7. In defau t of testa!entary ,eirs: t,e a+ vests t,e in,eritance: in accordance +it, t,e ru es ,ereinafter set fort,: in t,e egiti!ate and i egiti!ate re atives of t,e deceased: in t,e surviving s"ouse: and in t,e State. Art. 6@9. In every in,eritance: t,e re ative nearest in degree e>c udes t,e !ore distant ones: saving t,e rig,t of re"resentation +,en it "ro"erty taEes " ace. Re atives in t,e sa!e degree s,a in,erit in e'ua s,ares: sub3ect to t,e "rovisions of artic e 7DD@ +it, res"ect to re atives of t,e fu and ,a f b ood: and of artic e 6C4: "aragra", 9: concerning division bet+een t,e "aterna and !aterna ines. Subsection 7.&& #elationship. Art. 6@5. Pro>i!ity of re ations,i" is deter!ined by t,e nu!ber of generations. Eac, generation for!s a degree. Art. 6@=. A series of degrees for!s a ine: +,ic, !ay be eit,er direct or co atera . A direct ine is t,at constituted by t,e series of degrees a!ong ascendants and descendants. A co atera ine is t,at constituted by t,e series of degrees a!ong "ersons +,o are ascendants and descendants: but +,o co!e fro! a co!!on ancestor. Art. 6@A. $,e direct ine is eit,er descending or ascending. $,e for!er unites t,e ,ead of t,e fa!i y +it, t,ose +,o descend fro! ,i!. $,e atter binds a "erson +it, t,ose fro! +,o! ,e descends. Art. 6@@. In t,e ine: as !any degrees are counted as t,ere are generations or "ersons: e>c uding t,e "rogenitor. In t,e direct ine: ascent is !ade to t,e co!!on ancestor. $,us: t,e c,i d is one degree re!oved fro! t,e "arent: t+o fro! t,e grandfat,er: and t,ree fro! t,e great& grand"arent. In t,e co atera ine: ascent is !ade to t,e co!!on ancestor and t,en descent is !ade to t,e "erson +it, +,o! t,e co!"utation is to be !ade. $,us: a "erson is t+o degrees re!oved fro! ,is brot,er: t,ree fro! ,is unc e: +,o is t,e brot,er of ,is fat,er: four fro! ,is first cousin: and so fort,. Art. 6@4. 1u b ood re ations,i" is t,at e>isting bet+een "ersons +,o ,ave t,e sa!e fat,er and t,e sa!e !ot,er. .a f b ood re ations,i" is t,at e>isting bet+een "ersons +,o ,ave t,e sa!e fat,er: but not t,e sa!e !ot,er: or t,e sa!e !ot,er: but not t,e sa!e fat,er.
"%;E 1CB

0alane' %rticles D?! to D?@ on relationships. 1. (1hese rules on relationship are) important &ecause of certain principles which ordain in intestac * namel ' a. (earer excludes the more remote; &. Direct line is preferred o#er the collateral; c. Descending line is preferred o#er the ascending. 2. 1wo &asic concepts in relationship' a. 8oncept of degree.,, 1his is the method of computing the proximit of relationship. E#er degree is one generation. &. 8oncept of lines.,, (1hese are) relati#e positions in the famil &etween 2 persons (genealogical chart.) In intestac ' a. 1here is no limit.,, Direct line,, (i) ascending (ii) descending &. +imit of fi#e degrees.,, 8ollateral line,, 2 persons ha#ing a common ascendant Illustration' % L 0 L 8 M D L E
6or 0* % is in the direct line. D is in the collateral line. !. 6ull and half,&lood relations in intestac . a. 0rothers and sisters. (%rt. 1CC?.),, 2 ' 1,, 1his is applica&le onl in intestate succession. &. (ephews and nieces. (%rt. 1CCB.),, 2 ' 1,, (ephews or nieces of the half &lood,, child of a &rother or sister of the half &lood.
Art. 6@C. If t,ere are severa re atives of t,e sa!e degree: and one or so!e of t,e! are un+i ing or inca"acitated to succeed: ,is "ortion s,a accrue to t,e ot,ers of t,e sa!e degree: save t,e rig,t of re"resentation +,en it s,ou d taEe " ace. Art. 6@6. If t,e in,eritance s,ou d be re"udiated by t,e nearest re atives: s,ou d t,ere be one on y: or by a t,e nearest re atives ca ed by a+ to succeed: s,ou d t,ere be severa : t,ose of t,e fo o+ing degree s,a in,erit in t,eir o+n rig,t and cannot re"resent t,e "erson or "ersons re"udiating t,e in,eritance.
Subsection 9.&& #ight of #epresentation. Art. 64D. Re"resentation is a rig,t created by fiction of a+: by virtue of +,ic, t,e
"%;E 1CD

re"resentative is raised to t,e " ace and t,e degree of t,e "erson re"resented: and ac'uires t,e rig,ts +,ic, t,e atter +ou d ,ave if ,e +ere iving or ,e cou d ,ave in,erited. 0alane' 1. 1his article contains the definition of representation. -epresentation is not a #er accurate term &ecause it does not con#e the full meaning of the process. Illustration' F 4 L M % 0 8 4 M &1 &2 0 predeceases F. .hen F dies* &1 and &2 are excluded &ec. of the rule that the nearer excludes the more remote. )nl % and 8 should inherit. 0ut &ecause of the right of representation* &1 and &2 will inherit in the place of 0. 1he are raised to the le#el of 0. 1he will onl get what 0 would ha#e gotten. 1he &etter term is successional subrogation* as E0+ -e es calls it. It is a process where& one person ta3es another:s place. 1he representati#e is su&rogated (ta3es the place) of the person represented. 2. 7nder what situations does it operate/ a. "redecease.,, %rticles DB2* D@>. &. Disinheritance.,, %rt. D2!. c. Incapacit or unworthiness to succeed.,, %rt. 1C!>. (1his) does not appl to renunciation. (See %rticles D?B* D?D* D@@.) !. In what 3inds of succession does it operate/ a. 8ompulsor &. Intestate It does not appl to testamentar succession. E.g.* 2I institute m son* and if he predeceases me* he will &e represented & his son.2 1his is su&stitution and not representation. Art. 647. $,e re"resentative is ca ed to t,e succession by t,e a+ and not by t,e "erson re"resented. $,e re"resentative does not succeed t,e "erson re"resented but t,e one +,o! t,e "erson re"resented +ou d ,ave succeeded. Art. 649. $,e rig,t of re"resentation taEes " ace in t,e direct descending ine: but never in t,e ascending. In t,e co atera ine: it taEes " ace on y in favor of t,e c,i dren of brot,ers or sisters: +,et,er t,ey be of t,e fu or ,a f b ood. 0alane' 1. In legitime* in what direction does it operate/ )nl in the descending* ne#er in the ascending. 2. In intestac * in what direction does it operate/
"%;E 11C

a. In descending line.,, Same as in legitimes. &. )nl one instance in the collateral line.,, (ephews and nieces in representation of their parents who predeceased their decedent &rother or sister. F 4 L M % 0 8 4 M &1 &2 0 predeceases %. .hen % dies* &1 and &2 can represent 0 in 0:s share in the estate of %. 1eotico #. Del Gal.,, %n adopted child cannot represent his adopti#e parent &ec. the fiction is onl &etween the adopter and the adopted. Art. 645. In order t,at re"resentation !ay taEe " ace: it is necessary t,at t,e re"resentative ,i!se f be ca"ab e of succeeding t,e decedent. 0alane' 8apacit to succeed.,, In representation* there are three parties' 1. 1he decedent; 2. 1he person represented; !. 1he representati#e. Iuestions' a. 9ust ! ha#e capacit to succeed from 1/ =es* &ec. he is reall succeeding from 1. &. 9ust ! ha#e capacit to succeed from 2/ (o* &ec. ! is not succeeding from 2. c. 9ust 2 ha#e capacit to succeed from 1/ (o. 1his is precisel wh ! succeeds 1.
Art. 64=. /,enever t,ere is succession by re"resentation: t,e division of t,e estate s,a be !ade per stirpes: in suc, !anner t,at t,e re"resentative or re"resentatives s,a not in,erit !ore t,an +,at t,e "erson t,ey re"resent +ou d in,erit: if ,e +ere iving or cou d in,erit. Art. 64A. /,en c,i dren of one of !ore brot,ers or sisters of t,e deceased survive: t,ey s,a in,erit fro! t,e atter by re"resentation: if t,ey survive +it, t,eir unc es or aunts. But if t,ey a one survive: t,ey s,a in,erit in e'ua "ortions. 0alane' -epresentation' 1. In collateral line. a1 4 %,, a2 4
"%;E 111

F,, 0 ,, & M 8,, c1 M c2 a. If %* 0 and 8 predecease F* all nephews inherit in their son right* per capita. 2. In the direct line. (%rt. DB2.) F L M % 0 8 4 L L L M a1 a2 & c1 c2 4 a. In %* 0 and 8 predecease F* all grandchildren inherit & representation* per stirpes. &. If %* 0 and 8 renounce* all grandchildren inherit & their own right* per capita. Art. 64@. A "erson !ay re"resent ,i! +,ose in,eritance ,e ,as renounced. Art. 644. .eirs +,o re"udiate t,eir s,are !ay not be re"resented. 0alane' %rticles D@? and D@@. In renunciation' a. "erson who renounces cannot &e represented. (%rt. D@@.) &. "erson who renounces can represent. (%rt. D@?.) Illustration' % L 0 L 8 L D
8 renounces his inheritance from 0. 0 then dies. +ater on* % dies. Effect' 1. D cannot represent 8 in 0:s estate. 2. 8an 8 represent 0 in %:s estate/ =es. .hen 8 renounced* he onl renounced his right to inherit from 0. 5e did not renounce his right to inherit from %.
Section. 9.&& (rder of Intestate &uccession.
"%;E 112

Subsection 7.&& $escending $irect Line. Art. 64C. Succession "ertains: in t,e first " ace: to t,e descending direct ine. Art. 646. Legiti!ate c,i dren and t,eir descendants succeed t,e "arents and ot,er ascendants: +it,out distinction as to se> or age: and even if t,ey s,ou d co!e fro! different !arriages. An ado"ted c,i d succeeds to t,e "ro"erty of t,e ado"ting "arents in t,e sa!e !anner as a egiti!ate c,i d. Art. 6CD. $,e c,i dren of t,e deceased s,a a +ays in,erit fro! ,i! in t,eir o+n rig,t: dividing t,e in,eritance in e'ua s,ares. Art. 6C7. S,ou d c,i dren of t,e deceased and descendants of ot,er c,i dren +,o are dead: survive: t,e for!er s,a in,erit in t,eir o+n rig,t: and t,e atter by rig,t of re"resentation. Art. 6C9. $,e grandc,i dren and ot,er descendants s,a in,erit by rig,t of re"resentation: and if any one of t,e! s,ou d ,ave died: eaving severa ,eirs: t,e "ortion "ertaining to ,i! s,a be divided a!ong t,e atter in e'ua "ortions. 0a#iera' )nl legitimate descendants ;eneral rule' %rt. DB2 Exception' %rt. DD2.,, %n illegitimate child has no right to inherit ab intestato from the legitimate children and relati#es of his father or mother; nor shall such children or relati#es inherit in the same manner from the illegitimate child. 1his applies onl to child* not descendant 1his is called the 2iron curtain rule.2 Art. 6C5. If i egiti!ate c,i dren survive +it, egiti!ate c,i dren: t,e s,ares of t,e for!er s,a be in t,e "ro"ortions "rescribed by artic e C6A. 0a#iera' %rticle BD> , note article 1@? 68 , Illegitimate child is entitled to 142 of share of a legitimate child. 1he legitime of the illegitimate child shall &e ta3en from the free portion* pro#ided in no case shall the total legitime of illegitimate child exceed the free portion* and the legitime of sur#i#ing spouse must first &e full satisfied. Art. 6C=. In case of deat, of an ado"ted c,i d: eaving no c,i dren or descendants: ,is "arents and re atives by consanguinity and not by ado"tion: s,a be ,is ega ,eirs. Subsection9.&& %scending $irect Line.
"%;E 11!

Art. 6CA. In defau t of egiti!ate c,i dren and descendants of t,e deceased: ,is "arents and ascendants s,a in,erit fro! ,i!: to t,e e>c usion of co atera re atives. Art. 6C@. $,e fat,er and !ot,er: if iving: s,a in,erit in e'ua s,ares. S,ou d one on y of t,e survive: ,e or s,e s,a succeed to t,e entire estate of t,e c,i d. Art. 6C4. In defau t of t,e fat,er and !ot,er: t,e ascendants nearest in degree s,a in,erit. S,ou d t,ere by !ore t,an one of e'ua degree be onging to t,e sa!e ine t,ey s,a divide t,e in,eritance per capita8 s,ou d t,ey be of different ines but of e'ua degree: one& ,a f s,a go to t,e "aterna and t,e ot,er ,a f to t,e !aterna ascendants. In eac, ine t,e division s,a be !ade per capita. 0a#iera' Per capita means equall Subsection 5.&& Illegitimate Children. Art. 6CC. In t,e absence of egiti!ate descendants or ascendants: t,e i egiti!ate c,i dren s,a succeed to t,e entire estate of t,e deceased. Art. 6C6. If: toget,er +it, i egiti!ate c,i dren: t,ere s,ou d survive descendants of anot,er i egiti!ate c,i d +,o is dead: t,e for!er s,a succeed in t,eir o+n rig,t and t,e atter by rig,t of re"resentation. Art. 66D. $,e ,ereditary rig,ts granted by t,e t+o "receding artic es to i egiti!ate c,i dren s,a be trans!itted u"on t,eir deat, to t,eir descendants: +,o s,a in,erit by rig,t of re"resentation fro! t,eir deceased grand"arent. Art. 667. If egiti!ate ascendants are eft: t,e i egiti!ate c,i dren s,a divide t,e in,eritance +it, t,e!: taEing one&,a f of t,e estate: +,atever be t,e nu!ber of t,e ascendants or of t,e i egiti!ate c,i dren. Art. 669. An i egiti!ate c,i d ,as no rig,t to in,erit a" intestato fro! t,e egiti!ate c,i dren and re atives of ,is fat,er or !ot,er8 nor s,a suc, c,i dren or re atives in,erit in t,e sa!e !anner fro! t,e i egiti!ate c,i d. 0a#iera' 1his applies onl to child* not descendants 1his is called the iron curtain rule Art. 665. If an i egiti!ate c,i d s,ou d die +it,out issue: eit,er egiti!ate or i egiti!ate: ,is fat,er or !ot,er s,a succeed to ,is entire estate8 and if t,e c,i dGs fi iation is du y "roved as to bot, "arents: +,o are bot, iving: t,ey s,a in,erit fro! ,i! s,are and
"%;E 11$

s,are a iEe. Art. 66=. In defau t of t,e fat,er or !ot,er: an i egiti!ate c,i d s,a be succeeded by ,is or ,er surviving s"ouse: +,o s,a be entit ed to t,e entire estate. If t,e +ido+ or +ido+er s,ou d survive +it, brot,ers and sisters: ne",e+s and nieces: s,e or ,e s,a in,erit one&,a f of t,e estate: and t,e atter t,e ot,er ,a f. Subsection =.&& &urviving &pouse. Art. 66A. In t,e absence of egiti!ate descendants and ascendants: and i egiti!ate c,i dren and t,eir descendants: +,et,er egiti!ate or i egiti!ate: t,e surviving s"ouse s,a in,erit t,e entire estate: +it,out "re3udice to t,e rig,ts of brot,ers and sister: ne",e+s and nieces: s,ou d t,ere by any under artic e 7DD7.
Art. 7DD7. S,ou d brot,ers and sisters or t,eir c,i dren survive +it, t,e +ido+ or +ido+er: t,e atter s,a be entit ed to one&,a f of t,e in,eritance and t,e brot,ers and sisters or t,eir c,i dren to t,e ot,er ,a f.
Art. 66@. If a +ido+ or +ido+er and egiti!ate c,i dren or descendants are eft: t,e surviving s"ouse ,as in t,e succession t,e sa!e s,are as t,at of eac, of t,e c,i dren.
Art. 664. /,en t,e +ido+ or +ido+er survives +it, egiti!ate "arents or ascendants: t,e surviving s"ouse s,a be entit ed to one&,a f of t,e estate: and t,e egiti!ate "arents or ascendants to t,e ot,er ,a f. Art. 66C. If a +ido+ or +ido+er survives +it, i egiti!ate c,i dren: suc, +ido+ or +ido+er s,a be entit ed to one&,a f of t,e in,eritance: and t,e i egiti!ate c,i dren or t,eir descendants: +,et,er egiti!ate or i egiti!ate: to t,e ot,er ,a f. Art. 666. /,en t,e +ido+ or +ido+er survives +it, egiti!ate c,i dren or t,eir descendants and i egiti!ate c,i dren or t,eir descendants: +,et,er egiti!ate or i egiti!ate: suc, +ido+ or +ido+er s,a be entit ed to t,e sa!e s,are as t,at of a egiti& !ate c,i d. Art. 7DDD. If egiti!ate ascendants: t,e surviving s"ouse: and i egiti!ate c,i dren are eft: t,e ascendants s,a be entit ed to one&,a f of t,e in,eritance: and t,e ot,er ,a f s,a be divided bet+een t,e surviving s"ouse and t,e i egiti!ate c,i dren so t,at suc, +ido+ or +ido+er s,a ,ave one&fourt, of t,e estate: and t,e i egiti!ate c,i dren t,e ot,er fourt,.
"%;E 11>

Art. 7DD7. S,ou d brot,ers and sisters or t,eir c,i dren survive +it, t,e +ido+ or +ido+er: t,e atter s,a be entit ed to one&,a f of t,e in,eritance and t,e brot,ers and sisters or t,eir c,i dren to t,e ot,er ,a f. Art. 7DD9. In case of a ega se"aration: if t,e surviving s"ouse gave cause for t,e se"aration: ,e or s,e s,a not ,ave any of t,e rig,ts granted in t,e "receding artic e.
Subsection A.&& Collateral #elatives Art. 7DD5. If t,ere are no descendants: ascendants: i egiti!ate c,i dren: or a surviving s"ouse: t,e co atera re atives s,a succeed to t,e entire estate of t,e deceased in accordance +it, t,e fo o+ing artic es. Art. 7DD=. S,ou d t,e on y survivors be brot,ers and sisters of t,e fu b ood: t,ey s,a in,erit in e'ua s,ares. Art. 7DDA. S,ou d brot,ers and sisters survive toget,er +it, ne",e+s and nieces: +,o are t,e c,i dren of t,e decedentGs brot,ers and sisters of t,e fu b ood: t,e for!er s,a in,erit per capita: and t,e atter per stirpes. 0a#iera' Per capita means equall per stirpes means & representation Art. 7DD@. S,ou d brot,ers and sisters of t,e fu b ood survive toget,er +it, brot,er and sisters of t,e ,a f b ood: t,e for!er s,a be entit ed to a s,are doub e t,at of t,e atter. Art. 7DD4. In case brot,ers and sisters of t,e ,a f b ood: so!e on t,e fat,erGs and so!e on t,e !ot,erGs side: are t,e on y survivors: a s,a in,erit in e'ua s,ares +it,out distinction as to t,e origin of t,e "ro"erty. Art. 7DDC. C,i dren of brot,ers and sisters of t,e ,a f b ood s,a succeed per capita or per stirpes: in accordance +it, t,e ru es aid do+n for brot,ers and sisters of t,e fu b ood. Art. 7DD6. S,ou d t,ere be neit,er brot,ers nor sisters nor c,i dren of brot,ers or sisters: t,e ot,er co atera re atives s,a succeed to t,e estate. $,e atter s,a succeed +it,out distinction of ines or "reference a!ong t,e! by reason of re ations,i" by t,e +,o e b ood. Art. 7D7D. $,e rig,t to in,erit a" intestato s,a not e>tend beyond t,e fift, degree
"%;E 11?

of re ations,i" in t,e co atera ine. Subsection @.&& The &tate. Art. 7D77. In defau t of "ersons entit ed to succeed in accordance +it, t,e "rovisions of t,e "receding Sections: t,e State s,a in,erit t,e +,o e estate. Art. 7D79. In order t,at t,e State !ay taEe "ossession of t,e "ro"erty !entioned in t,e "receding artic e: t,e "ertinent "rovisions of t,e Ru es of Court !ust be observed. Art. 7D75. After t,e "ay!ent of debts and c,arges: t,e "ersona "ro"erty s,a be assigned to t,e !unici"a ity or city +,ere t,e deceased ast resided in t,e P,i i""ines: and t,e rea estate to t,e !unici"a ities or cities: res"ective y: in +,ic, t,e sa!e is situated. If t,e deceased never resided in t,e P,i i""ines: t,e +,o e estate s,a be assigned to t,e res"ective !unici"a ities or cities +,ere t,e sa!e is ocated. Suc, estate s,a be for t,e benefit of "ub ic sc,oo s: and "ub ic c,aritab e institutions and centers: in suc, !unici"a ities or cities. $,e court s,a distribute t,e estate as t,e res"ective needs of eac, beneficiary !ay +arrant. $,e court: at t,e instance of an interested "arty: or in its o+n !otion: !ay order t,e estab is,!ent of a "er!anent trust: so t,at on y t,e inco!e fro! t,e "ro"erty s,a be used. Art. 7D7=. If a "erson ega y entit ed to t,e estate of t,e deceased a""ears and fi es a c ai! t,ereto +it, t,e court +it,in five years fro! t,e date t,e "ro"erty +as de ivered to t,e State: suc, "erson s,a be entit ed to t,e "ossession of t,e sa!e: or if so d: t,e !unici"a ity or city s,a be accountab e to ,i! for suc, "art of t,e "roceeds as !ay not ,ave been a+fu y s"ent. 0alane' Intestate heirs' 1. +egitimate children4 descendants a. excludes ascendants* all collaterals* the State &. concurs with illegitimate children4 descendants* sur#i#ing spouse c. excluded & no one. 2. Illegitimate children4 descendants a. excludes illegitimate parents* collaterals* the State &. concurs with sur#i#ing spouse* legitimate children* legitimate ascendants c. excluded & no one. !. +egitimate parents a. excludes collaterals* the State &. concurs with illegitimate children* sur#i#ing spouse c. excluded & legitimate children. $. Illegitimate ascendants a. excludes collaterals* the State
"%;E 11@

&. concurs with the sur#i#ing spouse c. excluded & legitimate descendants* illegitimate descendants. >. Sur#i#ing spouse a. excludes collaterals* other than &rothers and sisters* nephews and nieces* the State &. concurs with legitimate child* illegitimate child* legitimate and illegitimate &rothers and sisters* nephews and nieces. c. excluded & no one. ?. 0rothers* sisters* nephews and nieces a. excludes all other collaterals* the State &. concurs with the sur#i#ing spouse c. excluded & legitimate children* illegitimate children* legitimate parents* illegitimate parents. @. )ther collaterals a. exludes collaterals in remote degrees* the State &. concurs with collaterals in equal degree c. excludes legitimate4 illegitimate children4 parents* sur#i#ing spouse* &rothers and sisters* nephews and nieces. B. 1he State a. excludes no one &. concurs with no one c. excluded & e#er &od else. %rticles D@B to 1C1$.,, Garious 8om&inations,, 1otal Intestac (ote' 1he rules on exclusion and concurrence in legitimes will also appl to intestac . 1. +egitimate children and4 or descendants alone.,, Entire estate di#ided equall among them. (%rt. D@D.) 2. +egitimate children and illegitimate children.,, Entire estate in proportion of 2 ' 1 or 1C ' > ' $ as the case ma &e. 1his is without pre<udice to the impairment of legitimes. (%rt. DB!.) !. +egitimate children and sur#i#ing spouse.,, Sur#i#ing spouse share equal to that of one legitimate child. If onl 1 legitimate child* 142 each. (%rt. DD?.) 6ormula' no. of legitimate children O 1 (sur#i#ing spouse) N share of each Estate $. +egitimate children Sur#i#ing spouse.,, Same share as a legitimate child Illegitimate children.,, 142 or $ ' > ' 1C ratio w4 share of a legitimate child. (%rt. DDD.) +egitimate parents alone.,, Entire estate shared equall .
>.
?. +egitimate ascendants alone.,, %ppl %rticles BBD and BDC which are the rules on legitime.
"%;E 11B

@.
+egitimate parents (or ascendants).,, 1 ' 2 Illegitimate children.,, 142 6ree portion N 14$ to illegitimate children. (%rt. DD1.) "artial Intestac
B.
+egitimate parents (or ascendants).,, 142 Sur#i#ing spouse.,, 142 6ree portion.,, 14$ to the sur#i#ing spouse. (%rt. DD@.) "artial Intestac
D.
+egitimate parents (or ascendants.),, 142 Sur#i#ing spouse.,, 14$ Illegitimate children.,, 14$ 6ree portion.,, 14B to sur#i#ing spouse. (%rt. 1CCC.) Illegitimate children alone.,, Entire estate di#ided equall or > ' $ as the case ma &e. 6ree portion N 142 to illegitimate children. (%rt. DBB.) Illegitimate children.,, 142 di#ided as in num&er 1C Sur#i#ing spouse.,, 142 6ree portion.,, 14? to &oth. (%rt. DDB.) "artial intestac
1C. 11.
12. 1!.
Sur#i#ing spouse alone.,, Entire estate. 6ree portion.,, 142 to sur#i#ing spouse. (%rticles DD$ and DD>.) Sur#i#ing spouse.,, 142 Illegitimate children.,, 142 6ree portion N 14$ to &oth (no article.)
1$.
Sur#i#ing spouse.,, 142 +egitimate &rothers and sisters and nephews and nieces.,, 142 full ' half N 2 ' 1 6ree portion N 142 to &rothers and sisters and nephews and nieces If marriage is in articulo mortis* add 14? to free portion once the legitime of the wife is reduced to 14! (%rt. 1CC1.) 1>. Sur#i#ing spouse.,, 142 Illegitimate &rothers and sisters* nephews and nieces (if decedent is illegitimate).,, 142 6ull ' 5alf N 2 ' 1 6ree portion N 142 to illegitimate &rothers and sisters and nephews and nieces (%rt. DD$.) Illegitimate parents alone.,, entire estate 6ree portion.,, 142 to illegitimate parents. (%rt. DD!.) Illegitimate parents.,, none.
1?. 1@.
"%;E 11D

8hildren of an 3ind.,, Entire estate di#ided according to earlier rules. (%rt. DD!.) 1B. +egitimate &rothers and sisters alone.,, .hole estate di#ided in the ratio of 2 ' 1 &etween full and half &lood. (%rticles 1CC$ and 1CC?.) 1D. +egitimate &rothers and sisters and nephews and nieces.,, Entire estate with the ratio of 2 ' 1 &etween full and half &lood a. (ephews and nieces inherit & representation.,, per stirpes. &. (ephews and nieces inherit &ec. all &rothers and sisters predecease.,, per capita. (%rticles 1CC> and 1CCB.) 2C. (ephews and nieces.,, Entire estate. 7ncles and aunts.,, (one. 0aca o #. 0orromeo.,, (ephews and nieces exclude uncles and aunts e#en if the ma &e &oth onl three (!) degrees awa from the decedent. (%rt. 1CCD & inference.) 21. Illegitimate &rothers and sisters and nephews and nieces.,, Entire estate with the ratio of 2 ' 1 &etween full and half &lood. 1his applies onl if the decedent is also illegitimate. %ppl the rules for nephews and nieces stated in num&er 1D (none.) 22. (ephews and nieces alone.,, Entire estate with the ratio of 2 ' 1 &etween full and half &lood. Per capita. (%rticles D@> and 1CCB.) -ight of representation. 2!. )ther collaterals.,, Entire estate in equal shares -ules' a. (o distinction &etween full and half &lood &. (o representation c. (earer excludes the more remote d. 7p to the fifth degree onl . (%rticles 1CCD and 1C1C.) In case of an illegitimate decedent* collaterals are onl up to nephews and nieces. 2$. 1he State.,, the entire estate. (%rt. 1C11.)
()1E' 6ollow the rules except num&ers 2 and $ which requires two (2) steps. (um&ers 2 and $ are tric3 &ecause ou ma end up impairing the legitime. -E9E90E-' +egitimes cannot &e impaired. ;ood (ews' Eust follow the rules* the legitimes will ne#er &e impaired. 1he are automaticall co#ered & the rules. 0ad (ews' %rt. DB!* which co#ers the com&ination of legitimate and illegitimate children* might impair the legitime.
Illustration' F:s estate is worth "1BC*CCC.
"%;E 12C

F ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, L L ' ' ' ' ' 0 8 D E 6 ;
1. If ou follow %rt. DB! literall * 2 ' 2 ' 1 ' 1 ' 1 ' 1 ' 1 assuming the decedent died after the 6amil 8ode too3 effect. % N $C*CCC 0 N $C*CCC 8 N 2C*CCC D N 2C*CCC E N 2C*CCC 6 N 2C*CCC 6 N 2C*CCC ; N 2C*CCC 0ut the legitime of % and 0 is impaired. +egitime of % and 0 N DC*CCC Share of % and 0 BC*CCC +egitime lac3s 1C*CCC 2. Since %rt. DB! impairs the legitime* follow this two, step process' a. ;i#e the legitime first. (;i#e to the legitimate first &efore the illegitimate.) &. (i) If there is an excess* di#ide it according to the ratio of 2 ' 1 or 1C ' > ' $ depending on the circumstances. (ii) If lac3ing* reduce the share of illegitimate children pro-rata. In the illustration' % N $>*CCC 0 N $>*CCC 8 N 22*>CC D N 22*>CC E N 22*>CC 6 N 22*>CC ; N 22*>CC 1)1%+ 2C2*>CC 1he estate lac3s 22*>CC -educe the shares of illegitimate children pro-rata N 22*>CC4 > N $*>CC each. 1he share of each illegitimate child will equal 1B*CCC. (ote' 1. %n adopted child is treated as a legitimate child. 2. Spouse recei#es shares if' a. 1he #alid is marriage &. Giola&le &ut not annulled If legall separated* appl the same rules as in legitimes.
"%;E 121

C,a"ter = PRO<ISIONS CO##ON $O $ES$A$E AN% IN$ES$A$E SUCCESSIONS Section 7.&& #ight of %ccretion. 0alane' (1he right of accretion) ta3es place in' (1) testamentar succession (2) intestate succession 0ut not with respect to legitimes.,, %rt. 1C21 par. 2. 1his pro#ision was copied from the )88 and is inapplica&le now &ecause it was used for the me!ora. 5owe#er* it must still &e applied.
"%;E 122

Art. 7D7A. Accretion is a rig,t by virtue of +,ic,: +,en t+o or !ore "ersons are ca ed to t,e sa!e in,eritance: devise or egacy: t,e "art assigned to t,e one +,o renounces or cannot receive ,is s,are: or +,o died before t,e testator: is added or incor"orated to t,at of ,is co&,eir: co&devisees: or co& egatees. Art. 7D7@. In order t,at t,e rig,t of accretion !ay taEe " ace in a testa!entary succession: it s,a be necessary: )7* $,at t+o or !ore "ersons be ca ed to t,e sa!e in,eritance: or to t,e sa!e "ortion t,ereof: pro indiviso: and )9* $,at one of t,e "ersons t,us ca ed die before t,e testator: or renounce t,e in,eritance: or be inca"acitated to receive it. 0alane' %rticles 1C1> and 1C1?. -equisites' 1. 1wo or more heirs* de#isees and legatees are called to the same inheritance* de#ise or legac pro-indiviso. Pro indiviso means without designation of parts or the portions are undi#ided. 2. )ne of the persons called' a. Die &efore the testator &. -enounce the inheritance c. 0e incapacitated to recei#e it. (ote' 1hese are the same causes for su&stitution. Su&stitution 1. predecease 2. incapacit !. renunciation %ccretion 1. predecease 2. incapacit !. renunciation -epresentation 1. predecease 2. incapacit !. disinheritance
Examples' 1. 2I gi#e >CCC to % and 0.2 If % dies and does not ha#e an children or descendants* accretion will ta3e place. 0 will get >*CCC* 2>CC & his own right and 2*>CC & accretion. 2. 2I gi#e >CCC to % and 0 in equal shares.2 %ccretion will still appl . 2Equal shares2 ma3es explicit what is implied &ecause if nothing is said* it is presumed that it is in equal shares. !. 2I gi#e 142 to %* 14$ 0 and 14B to 8.2 1his seems to impl accretion. a. Is it possi&le to ha#e unequal pro indiviso shares/ =es. %s long as the are 2undi#ided*2 2aliquot2 or 2a&stract.2 It is not required that the &e in equal shares. .hat is required is that it &e pro indiviso. &. %ccretion will not appl according to commentators. Pro indiviso is not a good phrase* it should &e 2without an particular designation of shares.2 If equal shares.,, %rt. 1C1@* accretion applies. If unequal shares* can accretion appl /
"%;E 12!

(i) =es.,, %rt. 1C1? (ii) (o.,, 8ommentators. If sharing is not the same* accretion cannot ta3e place.
Art. 7D74. $,e +ords Bone&,a f for eac,B or Bin e'ua s,aresB or any ot,ers +,ic,: t,oug, designating an a i'uot "art: do not identify it by suc, descri"tion as s,a !aEe eac, ,eir t,e e>c usive o+ner of deter!inate "ro"erty: s,a not e>c ude t,e rig,t of accretion. In case of !oney or fungib e goods: if t,e s,are of eac, ,eir is not ear!arEed: t,ere s,a be a rig,t of accretion. Art. 7D7C. In ega succession t,e s,are of t,e "erson +,o re"udiates t,e in,eritance s,a a +ays accrue to ,is co&,eirs. 0alane' %ccretion ta3es place onl if there is no representation. Some rules from %rt. 1C1B & implication' 1. In renunciation* there is alwa s accretion. .h / 0ecause there is no representation in renunciation. 1his applies onl to intestac and testamentar succession. 2. In intestac * appl representation first. If there is none* then accretion will appl . !. In testamentar succession* appl su&stitution first. If there is no su&stitution* then accretion will appl .
Art. 7D76. $,e ,eirs to +,o! t,e "ortion goes by t,e rig,t of accretion taEe it in t,e sa!e "ro"ortion t,at t,ey in,erit. 0alane' 1his implies proportion is different. 1his applies in intestac and not to testamentar (succession.) In testamentar (succession)* shares are alwa s equal &ec. of designation of shares. In intestac * it is possi&le to ha#e different shares. E.g.* full and half &lood. Example* F % 0 8 D
Estate N ?CC*CCC. If 8 predecease F* then 0 N 2CC*CCC O $C*CCC N 2$C*CCC 8 N 2CC*CCC O $C*CCC N 2$C*CCC D N 1CC*CCC O 2C*CCC N 12C*CCC Share of 8 di#ided in the proportion the were to inherit. Art. 7D9D. $,e ,eirs to +,o! t,e in,eritance accrues s,a succeed to a t,e rig,ts and ob igations +,ic, t,e ,eir +,o renounced or cou d not receive it +ou d ,ave ,ad.
"%;E 12$

0alane' 1. 8o,heirs get (their) share with the same o&ligations and conditions. 2. 8an representati#es get accretion/ =es. If person represented will get the accretion* then the representati#e should (also) get the accretion. Illustration' a1 ,,,,,,% 4 L M a2 L L ,,,,0 F ,,,,L L ,,,,8 L ,,,,,D Estate is worth ?CC. % predeceased F. 0 renounced. If all present* then 1>C each. a1 and a2 N 1>C O >C N 2CC 8 N 1>C O >C N 2CC D N 1>C O >C N 2CC 0:s share acquired & the others & accretion 1>C a1 and a2 get accretion &ec. the represent % in %:s rights as if % is still around. 1he stand in the same position as a person represented. a1 and a2 get @> each & right of representation* and 2> each & accretion.
Art. 7D97. A!ong t,e co!"u sory ,eirs t,e rig,t of accretion s,a taEe " ace on y +,en t,e free "ortion is eft to t+o or !ore of t,e!: or to any of t,e! and to a stranger. S,ou d t,e "art re"udiated be t,e egiti!e: t,e ot,er co&,eirs s,a succeed to in t,eir o+n rig,t: and not by t,e rig,t of accretion. Art. 7D99. In testa!entary succession: +,en t,e rig,t of accretion does not taEe " ace: t,e vacant "ortion of t,e instituted ,eirs: if no substitute ,as been designated: s,a "ass to t,e ega ,eirs of t,e testator: +,o s,a receive it +it, t,e sa!e c,arges and ob igations. Art. 7D95. Accretion s,a a so taEe " ace a!ong devisees: usufructuaries under t,e sa!e conditions estab is,ed for ,eirs. Section 9.&& Capacity to &ucceed "y Will or "y Intestacy. Art. 7D9=. Persons not inca"acitated by a+ !ay succeed by +i or a" intestato. egatees and
"%;E 12>

$,e "rovisions re ating to inca"acity by +i succession.
are e'ua y a"" icab e to intestate
0alane' "ar. 1.,, "b intestato refers &oth to legitime and intestac . "ar. 2.,, 9ista3e , not true. Incapacit to succeed & will* 1C2@* 1C2B and 1C!2* are the applica&le to intestac / (ot all. a. %pplies onl to incapacit & will.,, %rticles 1C2@* paragraphs 1 to >* 1C2B (applica&le onl in testamentar succession.) &. %pplies to &oth.,, %rticles 1C2@* par. ?* 1C!2.) Art. 7D9A. In order to be ca"acitated to in,erit: t,e ,eir: devisee or egatee !ust be iving at t,e !o!ent t,e succession o"ens: e>ce"t in case of re"resentation: +,en it is "ro"er. A c,i d a ready conceived at t,e ti!e of t,e deat, of t,e decedent is ca"ab e of succeeding "rovided it be born ater under t,e conditions "rescribed in artic e =7. 0alane' ;eneral rule' Succession opens at the death of the decedent. (%rt. @@@.) 1he heir must &e ali#e when succession opens. 1he same as %rt. 1C!$. Exception' 2In case of representation* when proper.2 1his is wrong. 1he representati#e must &e ali#e when the decedent dies. Illustration' F 4 L M % 0 8 L &1 1. 0 dies on Ean. 1DD?. 0:s wife is pregnant. F dies in 9arch 1DD?. &1 is &orn in Eul 1DD?. .as &1 ali#e when F died/ =es. %rt. $1* the foetus is considered ali#e from the moment of conception. 1his is not an exception &ec. &1 is ali#e. 2. 0 is disinherited in 1DD?. F dies in 1DD@. &1 is &orn in 1DDD. a. 8an &1 represent 0/ (o. 5e was not li#ing at the time F died. &. 8an &1 inherit from F/ (o. %rt. 1C2>* par. 1. "arish "riest of Gictoria #. -igor ,, In the case* the priest pro#ided that his estate will go to an of the nephews who ma enter the priesthood. 1he nephew claiming* howe#er* was &orn after the priest had died. %s such * the nephew cannot inherit.
Art. 7D9@. A testa!entary dis"osition !ay be !ade to t,e State: "rovinces: !unici"a cor"orations: "rivate cor"orations: organiHations: or associations for re igious: scientific: cu tura : educationa : or c,aritab e "ur"oses. A ot,er cor"orations or entities !ay succeed under a +i : un ess t,ere is a "rovision to t,e contrary in t,eir c,arter or t,e a+s of t,eir creation: and a +ays sub3ect to t,e sa!e. 0alane' I' 8an ou ma3e a testamentar disposition in fa#or of <uridical persons/
"%;E 12?

%' =es* if allowed & their charter. 1he must exist* howe#er* at the time of the death of the decedent. E.g.* 2I gi#e 14! of m estate to Da#id,(a#ato )rganiAation* a non,incorporated org.2 Is this #alid/ (o. It has no <uridical personalit
Artic e 7D94. $,e fo o+ing are inca"ab e of succeeding: )7* $,e "riest +,o ,eard t,e confession of t,e testator during ,is ast i ness: or t,e !inister of t,e gos"e +,o e>tended s"iritua aid to ,i! during t,e sa!e "eriod8 )9* $,e re atives of suc, "riest or !inister of t,e gos"e +it,in t,e fourt, degree: t,e c,urc,: order: c,a"ter: co!!unity: organiHation: or institution to +,ic, suc, "riest or !inister !ay be ong8 )5* A guardian +it, res"ect to testa!entary dis"ositions given by a +ard in ,is favor before t,e fina accounts of t,e guardians,i" ,ave been a""roved: even if t,e testator s,ou d die after t,e a""rova t,ereof8 nevert,e ess: any "rovision !ade by t,e +ard in favor of t,e guardian +,en t,e atter is ,is ascendants: descendant: brot,er: sister: or s"ouse: s,a be va id8 )=* Any attesting +itness to t,e e>ecution of a +i : t,e s"ouse: "arents: or c,i dren: or any one c ai!ing under suc, +itness: s"ouse: "arents: or c,i dren8 )A* Any ",ysician: surgeon: nurse: ,ea t, officer or druggist +,o tooE care of t,e testator during ,is ast i ness8 )@* Individua s: associations and cor"orations not "er!itted by a+ to in,erit. 0alane' (um&ers 1 to > ha#e no application to legitimes. %. Example num&er 1. %* a priest* is a friend of 0. 0 regularl goes to confession to %. 0 then &ecomes seriousl ill. 5e executes a will instituting % to 14! to his estate. Is this testamentar disposition #alid or is % capacitated to inherit from 0/ =es. Example num&er 2. )n his death&ed* F ma3es a will instituting =* a priest. 1hin3ing he will die* F calls = to confess. Is = capacitated to inherit from F/ =es. 1. .hen does par. 1 appl * in other words* when is the priest incapacitated to succeed/ a. .hen the confession is made prior to the ma3ing of a will. If simultaneous* the priest is still disqualified. If the will is made first* the priest can inherit. &. If the confession was made &efore the will was made and the priest is the son of the sic3 person* can the priest inherit upon the death of the sic3 person/ =es. 5e can get the legitime. If the priest were a &rother/ =es. 5e can inherit & intestac . Disqualification applies onl to testamentar dispositions. 2. 2"riest or minister of the gospel.2,, Despite this apparent restriction to 8hristian ministers* this applies to all spiritual ministers* e.g.* 0uddhist mon3s. .h / 0ecause it is conclusi#el presumed that the spiritual minister used his moral influence to induce or influence the sic3 person to ma3e a testamentar disposition in his fa#or. !. -equisites' a. 1he will was made during the last illness
"%;E 12@

&. 1he spiritual ministration must ha#e &een extended during the last illness c. 1he will was executed during or after the spiritual ministration. 0. -elati#es of the priest of minister of the gospel 1his widens the disqualification in %. )mission was made of the spouse of the minister of the gospel. .hat do ou do/ %ppl %rt. 1C!1. 1o disqualif the spouse* ou ha#e to show that the testamentar &enefaction gi#en to the wife was meant to &enefit the minister. 1his is harder to pro#e. 8. ;uardian ;eneral rule' Disqualification applies when the disposition is made' %fter the guardianship &egan (&eginning of the guardianship) ,,, 0efore termination of guardianship (appro#al of final accounts or lifting of guardianship.) Exception' Disposition is #alid when the guardian is an ascendant* descendant* &rother* sister or spouse. 1. 1his exception is not present in the case of a priest. .h / 1he were deri#ed different laws. 1he omission in the case of the priest was stupid. 2. Seems to refer onl to guardian of the propert . 8ommentators agree that this also co#ers guardians o#er the person &ec. the latter ha#e more opportunit to influence the ward. D. %ttesting witness. 8orrelate this w4 %rt. D2!. ;eneral rule' .itness* spouse.... are disqualified. Exception' If there are three (!) other witnesses to the will. E. "h sician* surgeon* nurse* health officer or druggist. 1he latter must ha#e ta3en care of the sic3 person. -equisites' 1. 1he will was made during the last illness 2. 1he sic3 person must ha#e &een ta3en cared of during his last illness. 9edical attendance was made. !. 1he will was executed during or after he was &eing ta3en cared of. Art. 7D9C. $,e "ro,ibitions !entioned in artic e 456: concerning donations inter vivos s,a a"" y to testa!entary "rovisions.
Artic e 456. $,e fo o+ing donations s,a be void: )7* $,ose !ade bet+een "ersons +,o +ere gui ty of adu tery or concubinage at t,e ti!e of t,e donation8 )9* $,ose !ade bet+een "ersons found gui ty of t,e sa!e cri!ina offense: in consideration t,ereof8 )5* $,ose !ade to a "ub ic officer or ,is +ife: descendants and ascendants: by reason of ,is office. In t,e case referred to in No. 7: t,e action for dec aration of nu ity !ay be broug,t by t,e s"ouse of t,e donor or donee8 and t,e gui t of t,e donor and donee
"%;E 12B

8ompiled and Edited & -%9 !ay be "roved by "re"onderance of evidence in t,e sa!e action.
0alane' 1his applies onl to testamentar succession. Art. 7D96. S,ou d t,e testator dis"ose of t,e +,o e or "art of ,is "ro"erty for "rayers and "ious +orEs for t,e benefit of ,is sou : in genera ter!s and +it,out s"ecifying it a"" ication: t,e e>ecutor: +it, t,e courtGs a""rova s,a de iver one&,a f t,ereof or its "roceeds to t,e c,urc, or deno!ination to +,ic, t,e testator !ay be ong: to be used for suc, "rayers and "ious +orEs: and t,e ot,er ,a f to t,e State: for t,e "ur"oses !entioned in artic e 7D75. 0alane' Disposition in fa#or of' (a) pra ers; (&) pious wor3s,, for the soul of the testator. 142 to the 8hurch which the testator &elongs and 142 to the State. 1his is &ecause of %rt. 1C2D* this is not a disposition in fa#or of an un3nown person. Art. 7D5D. $esta!entary "rovisions in favor of t,e "oor in genera : +it,out designation of "articu ar "ersons or of any co!!unity: s,a be dee!ed i!ited to t,e "oor iving in t,e do!ici e of t,e testator at t,e ti!e of ,is deat,: un ess it s,ou d c ear y a""ear t,at ,is intention +as ot,er+ise. $,e designation of t,e "ersons +,o are to be considered as "oor and t,e distribution of t,e "ro"erty s,a be !ade by t,e "erson a""ointed by t,e testator for t,e "ur"ose8 in defau t of suc, "erson: by t,e e>ecutor8 and s,ou d t,ere be no e>ecutor: by t,e 3ustice of t,e "eace: t,e !ayor: and t,e !unici"a treasurer: +,o s,a decide by a !a3ority of votes a 'uestions t,at !ay arise. In a t,ese cases: t,e a""rova of t,e Court of 1irst Instance s,a be necessary. $,e "receding "aragra", s,a a"" y +,en t,e testator ,as dis"osed of ,is "ro"erty in favor of t,e "oor of a definite oca ity. 0alane' 1. 1his is limited to the poor li#ing at the domicile of the testator upon his death. 1his is not clear. .hat is the scope of domicile/ Does it refer to countr * pro#ince* cit or &aranga / 2. .ho is to designate/ (In the order of preference) a. "erson appointed & the testator for that purpose &. Executor c. 918 <udge* ma or* municipal treasurer. 1his ne#er happens &ec. if there are no a and &* the court appoints an administrator. Art. 7D57. A testa!entary "rovision in favor of a dis'ua ified "erson: even t,oug, !ade under t,e guise of an onerous contract: or !ade t,roug, an inter!ediary: s,a be void. 0alane' .hat ou cannot do directl * ou cannot do indirectl . 1his is the same as %rt. B?@* par. $.,, 7se of a (a) dumm ; (&) contract Artic e 7D59. $,e fo o+ing are inca"ab e of succeeding by reason of un+ort,iness: )7* Parents +,o ,ave abandoned t,eir c,i dren or induced t,eir daug,ters to ead a
"%;E 12D

corru"t or i!!ora ife: or atte!"ted against t,eir virtues8 )9* Any "erson +,o ,as been convicted of an atte!"t against t,e ife of t,e testator: ,is or ,er s"ouse: descendants or ascendants8 )5* Any "erson +,o ,as accused t,e testator of a cri!e for +,ic, t,e a+ "rescribes i!"rison!ent for si> years or !ore: if t,e accusation ,as been found to be ground ess8 )=* Any ,eir of fu age +,o: ,aving Eno+ edge of t,e vio ent deat, of t,e testator: s,ou d fai to re"ort it to an officer of t,e a+ +it,in a !ont,: un ess t,e aut,orities ,ave a ready taEen action8 t,is "ro,ibition s,a not a"" y to cases +,erein: according to a+: t,ere is no ob igation to !aEe an accusation8 )A* Any "erson convicted of adu tery or concubinage +it, t,e s"ouse of t,e testator8 )@* Any "erson +,o by fraud: vio ence: inti!idation: or undue inf uence s,ou d cause t,e testator to !aEe a +i or to c,ange one a ready !ade8 )4* Any "erson +,o by t,e sa!e !eans "revents anot,er fro! !aEing a +i : or fro! revoEing one a ready !ade: or +,o su"" ants: concea s: or a ters t,e atterGs +i 8 )C* Any "erson +,o fa sifies or forges a su""osed +i of t,e decedent. 0alane' ;rounds 1* 2* !* > and ? are the same as in disinheritance. (um&er $ has no application &ecause there is no o&ligation to accuse. 1here is no law that o&ligates to accuse. )nl a ci#ic or moral dut &ut not a legal dut . (um&ers ?* @ and B co#er six (?) cases of acts relating to a will' a. 8ausing the testator to ma3e a will &. 8ausing the testator to change an existing will c. "re#enting the decedent from ma3ing a will d. "re#enting the testator from re#o3ing his will e. Supplanting* concealing* or altering the testator:s will. f. 6alsif ing or forging a supposed will of the decedent. 1here is no conflict with disinheritance despite similar grounds. Illustration' %* son of 0* tries to 3ill 0. 0 ma disinherit him or not. If 0 disinherits him under %rt. D1D* then % is disqualified to inherit. 5owe#er* e#en if 0 did not disinherit %* % is incapacitated to inherit &ec. of %rt. 1C!2. If disinherited under %rt. D1D* there is dou&le disinheritance. Disinheritance in the will is redundant. In the common grounds* ou do not ha#e to disinherit in %rt. D1D since the effect of %rticles D1D and 1C!2 are the same. Art. 7D55. $,e causes of un+ort,iness s,a be +it,out effect if t,e testator ,ad Eno+ edge t,ereof at t,e ti!e ,e !ade t,e +i : or if: ,aving Eno+n of t,e! subse'uent y: ,e s,ou d condone t,e! in +riting. 0alane' 1. a. 25ad 3nowledge at the time he made the will.2,, In this case* it is presumed that the testator had pardoned the offender. &. 2Jnown su&sequentl .2,, (eeds written pardon. 2. "ro&lem' In disinheritance* incapacit to disinherit is lifted & reconciliation. 0ut in %rt. 1C!!* there must &e a pardon in writing. 1his is strange. In %rt. D1D , express will ,, reconciliation is enough In %rt. 1C!! , presumed will ,, needs written pardon.
"%;E 1!C

"ro&lem arises if the testator made a will disinheriting. .hat rule do ou appl if the reason for disinheriting was a common ground/ a. If ou follow the rules of disinheritance.,, =es. &. If ou follow the rules of unworthiness.,, (o. 8ommentators.,, -ules of disinheritance should appl . 1o ma3e the rules of unworthiness appl would &e gi#ing precedence to the presumed will o#er the express will. Art. 7D5=. In order to 3udge t,e ca"acity of t,e ,eir: devisee or egatee: ,is 'ua ification at t,e ti!e of t,e deat, of t,e decedent s,a be t,e criterion. In cases fa ing under Nos. 9: 5 or A of artic e 7D59: it s,a be necessary to +ait unti fina 3udg!ent is rendered: and in t,e case fa ing under No. =: t,e e>"irattion of t,e !ont, a o+ed for t,e re"ort. If t,e institution: devise or egacy s,ou d be conditiona : t,e ti!e of t,e co!" iance +it, t,e condition s,a a so be considered. 0alane' 1ime to <udge the capacit of the heir. "ar. 1.,, 1ime of death. correlate with par. 1 of %rt. 1C2>. 1he time succession opens* no exceptions. "ar. 2.,, ;rounds 2* ! and >.,, .ait for final <udgment when con#iction is needed. "ar. !.,, 8onditional.,, 8onsider &oth time of compliance and time of death of the decedent. Art. 7D5A. If t,e "erson e>c uded fro! t,e in,eritance by reason of inca"acity s,ou d be a c,i d or descendant of t,e decedent and s,ou d ,ave c,i dren or descendant: t,e atter s,a ac'uire ,is rig,t to t,e egiti!e. $,e "erson so e>c uded s,a not en3oy t,e usufruct and ad!inistration of t,e "ro"erty t,us in,erited by ,is c,i dren. 0alane' 1his grants right of representation to children or descendants of incapacitated children or descendants. 1his co#ers the legitime and intestac . It does not mention intestate share onl legitime. .h / 0ecause %rt. 1C!> assumes that the free portion has &een disposed of completel . 0ut if not* then intestate share is included. Art. 7D5@. A ienations of ,ereditary "ro"erty: and acts of ad!inistration "erfor!ed by t,e e>c uded ,eir: before t,e 3udicia order of e>c usion: are va id as to t,ird "ersons +,o acted in good fait,8 but t,e co&,eirs s,a ,ave a rig,t to recover da!ages fro! t,e dis'ua ified ,eir. 0alane' 1his applies the doctrine of innocent purchaser for #alue without pre<udice to the right to damages of the pre<udiced heirs against the incapacitated heir. Art. 7D54. $,e un+ort,y ,eir +,o is e>c uded fro! t,e succession ,as a rig,t to de!and inde!nity for any e>"enses incurred in t,e "reservation of t,e ,ereditary "ro"erty: and to enforce suc, credits as ,e !ay ,ave against t,e estate.
"%;E 1!1

0alane' 1his is the right gi#en to e#er possessor* whether he &e in good or &ad faith in %rt. $$!. (ecessar expenses for preser#ation. Art. 7D5C. Any "erson inca"ab e of succession: +,o: disregarding t,e "ro,ibition stated in t,e "receding artic es: entered into "ossession of t,e ,ereditary "ro"erty: s,a be ob iged to return it toget,er +it, its accessions. .e s,a be iab e for a t,e fruits and rents ,e !ay ,ave received: or cou d ,ave received t,roug, t,e e>ercise of due di igence. 0alane' "ossessor in &ad faith means he 3nows that he is incapacitated. 5e must return the propert * fruits and rents. Art. 7D56. Ca"acity to succeed is governed by t,e a+ of t,e nation of t,e decedent. Art. 7D=D. $,e action for a dec aration of inca"acity and for t,e recovery of t,e in,eritance: devise or egacy s,a be broug,t +it,in five years fro! t,e ti!e t,e dis'ua ified "erson tooE "ossession t,ereof. It !ay be broug,t by any one +,o !ay ,ave an interest in t,e succession. 0alane' -ight of heir to reco#er the inheritance must &e exercised within fi#e ears.
Section 5.&& %cceptance and #epudiation of the Inheritance. Art. 7D=7. $,e acce"tance or re"udiation of t,e in,eritance is an act +,ic, is "ure y vo untary and free. 0alane' 1. %cceptance.,, (a) #oluntar ; (&) free 2. 0asic -ules a. -ules for acceptance are more li&eral than the rules of renunciation &ecause the former are &eneficial to the heir while the latter is pre<udicial to the heir. &. In case an heir is incompetent4 insane or a minor* acceptance or repudiation must &e made & a representati#e. In case of renunciation* court appro#al is necessar &ec. of a. Art. 7D=9. $,e effects of t,e acce"tance or re"udiation s,a a +ays retroact to t,e !o!ent of t,e deat, of t,e decedent. 0alane' 1his is &ecause of %rt. @@@ which states that 2the right to the succession are transmitted from the moment of the death of the decedent.2 Art. 7D=5. No "erson !ay acce"t or re"udiate an in,eritance un ess ,e is certain of t,e deat, of t,e "erson fro! +,o! ,e is to in,erit: and of ,is rig,t to t,e in,eritance.
"%;E 1!2

0alane' 1his article requires' (a) certaint of death; (&) right to inherit (is esta&lished.) Art. 7D==. Any "erson ,aving t,e free dis"osa of ,is "ro"erty !ay acce"t or re"udiate an in,eritance. Any in,eritance eft to !inors or inca"acitated "ersons !ay be acce"ted by t,eir "arents or guardians. Parents or guardians !ay re"udiate t,e in,eritance eft to t,eir +ards on y by 3udicia aut,oriHation. $,e rig,t to acce"t an in,eritance eft to t,e "oor s,a be ong to t,e "ersons designated by t,e testator to deter!ine t,e beneficiaries and distribute t,e "ro"erty: or in t,eir defau t to t,ose !entioned in artic e 7D5D. 0alane' "ar. 1.,, 9ust ha#e capacit to dispose of the propert . a. )f age &. (ot restricted in his capacit to act. "ar. 2.,, 9inors or incapacitated can inherit through their parents or legal guardians. 0ut to renounce* <udicial appro#al is necessar . Art. 7D=A. $,e a+fu re"resentatives of cor"orations: associations: institutions and entities 'ua ified to ac'uire "ro"erty !ay acce"t any in,eritance eft to t,e atter: but in order to re"udiate it: t,e a""rova of t,e court s,a be necessary. 0alane' %cceptance needs a lawful representati#e while renunciation needs court appro#al. Art. 7D=@. Pub ic officia estab is,!ents can neit,er acce"t nor re"udiate an in,eritance +it,out t,e a""rova of t,e govern!ent. Art. 7D=4. A !arried +o!an of age !ay re"udiate an in,eritance +it,out t,e consent of ,er ,usband. 0alane' ;eneral rule' % married woman ma accept without the consent of her hus&and. Exception' If she is insane. In this case* howe#er* the marriage is not the reason for the incapacit . Art. 7D=C. %eaf&!utes +,o can read and +rite !ay acce"t or re"udiate t,e in,eritance "ersona y or t,roug, an agent. S,ou d t,ey not be ab e to read and +rite: t,e in,eritance s,a be acce"ted by t,eir guardians. $,ese guardians !ay re"udiate t,e sa!e +it, 3udicia a""rova . 0alane' ;eneral rule' 0eing a deaf,mute is not a restriction on the a&ilit to accept or renounce as long as he can read and write. 5e ma accept or renounce personall or through an agent. Exception' If he cannot read or write* he can onl accept through a guardian. If he renounces* the renunciation needs court appro#al.
"%;E 1!!

Art. 7D=6. Acce"tance !ay be e>"ress or tacit. An e>"ress acce"tance !ust be !ade in a "ub ic or "rivate docu!ent. A tacit acce"tance is one resu ting fro! t,e acts by +,ic, t,e intention to acce"t is necessari y i!" ied: or +,ic, one +ou d ,ave no rig,t to do e>ce"t in t,e ca"acity of an ,eir. Acts of !ere "reservation or "rovisiona ad!inistration do not i!" y an acce"tance of t,e in,eritance if: t,roug, suc, acts: t,e tit e or ca"acity of an ,eir ,as not been assu!ed. 0alane' 6orms of acceptance' 1. Express.,, In clear and explicit terms. In writing* whether in a pri#ate or pu&lic document. 2. 1acit.,, %rt. 1C>C.,, -esults from acts from which intent to accept is implied. !. Implied.,, %rt. 1C>@.,, If does not do an thing w4in thirt (!C) da s* then it is deemed accepted. Art. 7DAD. An in,eritance is dee!ed acce"ted: )7* If t,e ,eirs se s: donates: or assigns ,is rig,t to a stranger: or to ,is co&,eirs: or to any of t,e!8 )9* If t,e ,eir renounces t,e sa!e: even t,oug, gratuitous y: for t,e benefit of one or !ore of ,is co&,eirs8 )5* If ,e renounces it for a "rice in favor of a ,is co&,eirs indiscri!inate y8 but if t,is renunciation s,ou d be gratuitous: and t,e co&,eirs in +,ose favor it is !ade are t,ose u"on +,o! t,e "ortion renounced s,ou d devo ve by virtue of accretion: t,e in,eritance s,a not be dee!ed as acce"ted. 0alane' "ar. 1.,, %cts of ownership,, to do these acts* the heir must ha#e accepted the inheritance. "ar. 2.,, 5eir is reall gi#ing it,, to do this* the heir must ha#e accepted it first "ar. !.,, Sells it,, must ha#e acquired something &efore ou can sell. 5owe#er* if gratuitous in fa#or of co,heirs indiscriminatel * to whom it would ha#e de#ol#ed & accretion* then true renunciation.
Art. 7DA7. $,e re"udiation of an in,eritance s,a be !ade in a "ub ic or aut,entic instru!ent: or by "etition "resented to t,e court ,aving 3urisdiction over t,e testa!entary or intestate "roceedings. 0alane' 6orms of renunciation' 1. "u&lic or authentic document 2. "etition presented to the court. Strict form is required. )ne cannot renounce tacitl or impliedl . Art. 7DA9. If t,e ,eir re"udiates t,e in,eritance to t,e "re3udice of ,is o+n creditors: t,e atter !ay "etition t,e court to aut,oriHe t,e! to acce"t it in t,e na!e of t,e ,eir.
"%;E 1!$

$,e acce"tance s,a benefit t,e creditors on y to an e>tent sufficient to cover t,e a!ount of t,eir credits. $,e e>cess: s,ou d t,ere be any: s,a in no case "ertain to t,e renouncer: but s,a be ad3udicated to t,e "ersons to +,o!: in accordance +it, t,e ru es estab is,ed in t,is Code: it !ay be ong. 0alane' "ccion Pauliana.,, 1he right of the creditor to set aside dispositions or renunciations pre<udicial to them. 5ow much/ 1o the extent to co#er the de&t onl . 1he excess is gi#en to whom it would properl &elong. 1his assumes that ou do not ha#e enough mone to pa our creditors.
Art. 7DA5. If t,e ,eir s,ou d die +it,out ,aving acce"ted or re"udiated t,e in,eritance ,is rig,t s,a be trans!itted to ,is ,eirs. 0alane' .h / 0ecause the right has #ested in him at the time the decedent died. Art. 7DA=. S,ou d t,ere be severa ,eirs ca ed to t,e in,eritance: so!e of t,e! !ay acce"t and t,e ot,ers !ay re"udiate it. 0alane' Illustration' F ,,,,,,,,,, L L L % 0 8 ,,,,, L L L a&c F died on Ean. 1* 1DD?. % died on Ean. 1$* 1DD? without ha#ing accepted or repudiated the inheritance. a* & and c get the rights of %. %n of them ma renounce. If a and & renounce* then 24! of %:s share is deemed renounced. (o accretion ta3es place &etween a* & and c. "artial acceptance is allowed. E.g.* 0 renounces 24! of what he will get. Art. 7DAA. If a "erson: +,o is ca ed to t,e sa!e in,eritance as an ,eir by +i and a" intestato: re"udiates t,e in,eritance in ,is ca"acity as a testa!entary ,eir: ,e is understood to ,ave re"udiated it in bot, ca"acities. S,ou d ,e re"udiate it as an intestate ,eir: +it,out Eno+ edge of ,is being a testa!entary ,eir: ,e !ay sti acce"t it in t,e atter ca"acity. 0alane' If the heir is &oth a testate and intestate heir' 1. If he renounces in a testate capacit .,, 5e is deemed to ha#e renounced in &oth capacities. .h / If the heir re<ected an express will* then he is deemed to ha#e re<ected the implied will. 2. If he renounces in an intestate capacit * whether he had 3nowledge that he was a testate heir or not* onl his capacit to inherit as an intestate heir is renounced. E#en if he had 3nowledge* he ma want to accept the testate share to show respect for the will of the testator.
"%;E 1!>

"hilosoph &ehind this is that testamentar succession is superior to intestate succession. (ote' +egitime is treated separatel .,, 1his ma &e accepted or renounced separatel . 1he heir ma accept the testate share and re<ect the legitime and #ice #ersa. Art. 7DA@. $,e acce"tance or re"udiation of an in,eritance: once !ade: is irrevocab e: and cannot be i!"ugned: e>ce"t +,en it +as !ade t,roug, any of t,e causes t,at vitiate consent: or +,en an unEno+n +i a""ears. 0alane' ;eneral rule' Irre#oca&ilit of acceptance or repudiation. Exceptions' 1. Gitiated consent* e.g.* when there is fraud 2. .hen an un3nown will appears.,, =ou cannot renounce what ou do not 3now. Art. 7DA4. /it,in t,irty days after t,e court ,as issued an order for t,e distribution of t,e estate in accordance +it, t,e Ru es of Court: t,e ,eirs: devisees and egatees s,a signify to t,e court ,aving 3urisdiction +,et,er t,ey acce"t or re"udiate t,e in,eritance. If t,ey do not do so +it,in t,at ti!e: t,ey are dee!ed to ,ave acce"ted t,e in,eritance. 0alane' Implied acceptance.,, 1he thirt da period is counted from the receipt of the order.
Section =.&& )!ecutors and %dministrators. Art. 7DAC. A !atters re ating to t,e a""oint!ent: "o+ers and duties of e>ecutors and ad!inistrators and concerning t,e ad!inistration of estates of deceased "ersons s,a be governed by t,e Ru es of Court. Art. 7DA6. If t,e assets of t,e estate of a decedent +,ic, can be a"" ied to t,e "ay!ent of debts are not sufficient for t,at "ur"ose: t,e "rovisions of artic es 9956 to 99A7 on Preference of Credits s,a be observed: "rovided t,at t,e e>"enses referred to in artic e 99==: No. C: s,a be t,ose invo ved in t,e ad!inistration of t,e decedentGs estate. Art. 7D@D. A cor"oration or association aut,oriHed to conduct t,e business of a trust co!"any in t,e P,i i""ines !ay be a""ointed as an e>ecutor: ad!inistrator: guardian of an estate: or trustee: in iEe !anner as an individua 8 but it s,a not be a""ointed guardian of t,e "erson of a +ard. 0alane' %rticles 1C>B to 1C?C.,, 6or the procedural aspects* see -ules @! to D1 of the -ules of 8ourt.
"%;E 1!?

Section A.&& Collation. 0alane' Definition' Steps ta3en to settle the estate to &e a&le to gi#e it to the heirs. 1hree (!) senses' 1. Computation.,, ;et together all assets* su&tract the de&ts and add the donations to get the net hereditar estate. 2. Imputation.,, Determine if the donation is chargea&le4 imputa&le to the legitime or the free portion. ;eneral rule' If compulsor heir* imputa&le to the legitime. Exception' If testator has pro#ided otherwise. !. 1estoration/ return.-- If donation to a stranger exceeds the free portion* he would ha#e to gi#e &ac3 to the estate as much as is needed to complete the legitimes. 1his will not happen if the legitimes are not impaired. Art. 7D@7. Every co!"u sory ,eir: +,o succeeds +it, ot,er co!"u sory ,eirs: !ust bring into t,e !ass of t,e estate any "ro"erty or rig,t +,ic, ,e !ay ,ave received fro! t,e decedent: during t,e ifeti!e of t,e atter: by +ay of donation: or any ot,er gratuitous tit e: in order t,at it !ay be co!"uted in t,e deter!ination of t,e egiti!e of eac, ,eir: and in t,e account of t,e "artition. 0alane' 6irst sense* computation. 1his is the same as the third step in %rt. DCB. Inaccurac in the pro#ision.,, 2collation done & compulsor heirs.2,, %ll donations are collated pro#ided there is at least one compulsor heir &ec. there will &e a legitime. Art. 7D@9. Co ation s,a not taEe " ace a!ong co!"u sory ,eirs if t,e donor s,ou d ,ave so e>"ress y "rovided: or if t,e donee s,ou d re"udiate t,e in,eritance: un ess t,e donation s,ou d be reduced as inofficious. 0alane' Second sense* imputation. (%rticles DCD* D1C.) ;eneral rule' Donation to a compulsor heir shall &e collated (imputed) to his legitime. Exceptions' (1) Donor pro#ides otherwise. In such a case* it will &e imputed to the free portion. (2) Donee repudiates the inheritance. Art. 7D@5. Pro"erty eft by +i is not dee!ed sub3ect to co ation: if t,e testator ,as not ot,er+ise "rovided: but t,e egiti!e s,a in any case re!ain uni!"aired. 0alane' Second sense* imputation. 1estamentar Disposition. 1his is imputed against the free portion and not against the legitime. 1he heir gets legitime O testamentar disposition. .h / If not* what is the use/ 5e will get it an wa . 7nless* of course* if it impairs the legitime of others.
"%;E 1!@

Art. 7D@=. /,en grandc,i dren: +,o survive +it, t,eir unc es: aunts: or cousins: in,erit fro! t,eir grand"arents in re"resentation of t,eir fat,er or !ot,er: t,ey s,a bring to co ation a t,at t,eir "arents: if a ive: +ou d ,ave been ob iged to bring: even t,oug, suc, grandc,i dren ,ave not in,erited t,e "ro"erty. $,ey s,a a so bring to co ation a t,at t,ey !ay ,ave received fro! t,e decedent during ,is ifeti!e: un ess t,e testator ,as "rovided ot,er+ise: in +,ic, case ,is +is,es !ust be res"ected: if t,e egiti!e of t,e co&,eirs is not "re3udiced. 0alane' Second sense* imputation. 2;randchildren2 refer to all descendants who inherit & representation. Illustration' F 4 % 0 ? J &1 &2 M
0 predeceased F. 1. In 1DBB* F donated to 0 "@C*CCC. 2. In 2CC1* F donated to &1 and &2 ">C*CCC .hat will &1 and &2 impute when F dies/ "ar. 1.,, 1DBB donation.,, =es &ec. 0 would ha#e imputed it (if he) were he ali#e. "ar. 2.,, 2CC1 donation.,, =es. 1his is not logical &ec. &1 and &2 inherit & representation. 1he general rule is that onl persons who recei#e the donation are &ound to impute it. Art. 7D@A. Parents are not ob iged to bring to co ation in t,e in,eritance of t,e ascendants any "ro"erty +,ic, !ay ,ave been donated by t,e atter to t,eir c,i dren. 0alane' Second sense* imputation. Illustration' F 4 % 0 K ? J a1 &1 &2 In 1DD>* F donated to a1. In 2CC1* F dies while % is still ali#e. .ill % impute the donation to a1/ (o. a1 is considered a stranger &ec. he is not a compulsor heir. Impute #s. the free portion. Art. 7D@@. Neit,er s,a donations to t,e s"ouse of t,e c,i d be broug,t to co ation8 but if t,ey ,ave been given by t,e "arent to t,e s"ouses 3oint y: t,e c,i d s,a be ob iged to M
"%;E 1!B

bring to co ation one&,a f of t,e t,ing donated. 0alane' Second sense* imputation. Illustration' F K %: &&&&% 1wo cases' 1. F donates to %: onl * imputed to the free portion. 2. F donates to &oth % and %:* impute 142 to legitime of % and 142 to the free portion. -ule' Donation gi#en to the spouse will not &e imputed to the legitime of the descendant spouse &ec. the spouse is considered a stranger. Art. 7D@4. E>"enses for su""ort: education: !edica : attendance: even in e>traordinary i ness: a""rentices,i": ordinary e'ui"!ent: or custo!ary gifts are not sub3ect to co ation. 0alane' 6irst sense* computation. 1. )#erlap &etween support in the (88 and in the 68.,, Support in the 68 alread includes medical attendance. 2. %ll expenses in %rt. 1C?@ are not imputed to the legitime.,, Including ? things in support in the 68. Art. 7D@C. E>"enses incurred by t,e "arents in giving t,eir c,i dren a "rofessiona : vocationa or ot,er career s,a not be broug,t into co ation un ess t,e "arents so "rovide: or un ess t,ey i!"air t,e egiti!e8 but +,en t,eir co ation is re'uired: t,e su! +,ic, t,e c,i d +ou d ,ave s"ent if ,e ,ad ived in t,e ,ouse and co!"any of ,is "arents s,a be deducted t,erefro!. 0alane' Second sense* imputation. 1his qualifies %rt. 1C?@. ;eneral rule' Imputed #ersus the free portion. Exceptions' (1) .hen parents pro#ide otherwise (2) .hen it impairs the legitimes of other compulsor heirs. 0ut if ou li#ed awa from home* deduct the li#ing expenses from what would &e imputed against our legitime. 1his is inconsistent &ec. this is included in support under the 6amil 8ode. Art. 7D@6. Any su!s "aid by a "arent in satisfaction of t,e debts of ,is c,i dren: e ection e>"enses: fines: and si!i ar e>"enses s,a be broug,t to co ation. 0alane' Second sense* imputation. Art. 7D4D. /edding gifts by "arents and ascendants consisting of 3e+e ry: c ot,ing:
"%;E 1!D

and outfit: s,a not be reduced as inofficious e>ce"t insofar as t,ey !ay e>ceed one&tent, of t,e su! +,ic, is dis"osab e by +i . 0alane' Second sense* imputation. .edding gifts.,, 1wo #iews' 1. +iteral.,, 8annot &e &e ond 141C of the free portion. If it exceeds* return the excess. 2. +i&eral.,, a. &elow 141C of the free portion* impute to the free portion &. a&o#e 141C of the free portion* impute to the legitime.
E.g.* Estate is worth ?CC. 1here are ! children. +egitimes N !CC. .hen % got married* he was gi#en a gift of $C. 1his is more than 141C of the free portion. 1. +iteral N !C* impute to the legitime 1C* return 2. +i&eral N !C* impute to the free portion 1C* impute to the legitime. Art. 7D47. $,e sa!e t,ings donated are not to be broug,t to co ation and "artition: but on y t,eir va ue at t,e ti!e of t,e donation: even t,oug, t,eir 3ust va ue !ay not t,en ,ave been assessed. $,eir subse'uent increase or deterioration and even t,eir tota oss or destruction: be it accidenta or cu "ab e: s,a be for t,e benefit or account and risE of t,e donee. 0alane' "ar. 1.,, 6irst and second senses* computation and imputation. .hat do ou compute/ 1he #alue at the time of the donation. "ar. 2.,, %n change in the #alue is for the account of the donee. .h / 0ec. the donee is the owner of the thing donated. (1es perit domino.) Art. 7D49. In t,e co ation of a donation !ade by bot, "arents: one&,a f s,a be broug,t to t,e in,eritance of t,e fat,er: and t,e ot,er ,a f: to t,at of t,e !ot,er. $,at given by one a one s,a be broug,t to co ation in ,is or ,er in,eritance. 0alane' 6irst and second senses* computation and imputation. 1his pro#ision contemplates <oint donation & parents from their common propert . a. 142 computed for determination of the estate of the hus&and. &. 142 computed for determination of the estate of the wife. Same rule for imputation w4 respect to the donee. Impute 142 to father and 142 to mother. Art. 7D45. $,e doneeGs s,are of t,e estate s,a be reduced by an a!ount e'ua to t,at a ready received by ,i!8 and ,is co& ,eirs s,a receive and e'uiva ent: as !uc, as "ossib e: in "ro"erty of t,e sa!e nature: c ass and 'ua ity. 0alane' Second sense* imputation. In partition* there should &e among heirs of the same class* as much as possi&le* equalit not onl as to #alue &ut also as to 3ind and nature. 1his is su&<ect* of course* to a contrar agreement of the heirs concerned.
"%;E 1$C

Art. 7D4=. S,ou d t,e "rovisions of t,e "receding artic e be i!"racticab e: if t,e "ro"erty donated +as i!!ovab e: t,e co&,eirs s,a be entit ed to receive its e'uiva ent in cas, or securities: at t,e rate of 'uotation8 and s,ou d t,ere be neit,er cas, nor !arEetab e securities in t,e estate: so !uc, of t,e ot,er "ro"erty as !ay be necessary s,a be so d at "ub ic auction. If t,e "ro"erty donated +as !ovab e: t,e co&,eirs s,a on y ,ave a rig,t to se ect an e'uiva ent of ot,er "ersona "ro"erty of t,e in,eritance at its 3ust "rice. 0alane' Second sense* imputation. %pplies if %rt. 1C@! is not possi&le. 1. Immo#a&les,, cash or securities 2. 9o#a&les,, similarl #alued mo#a&le Art. 7D4A. $,e fruits and interest of t,e "ro"erty sub3ect to co ation s,a not "ertain to t,e estate e>ce"t fro! t,e day on +,ic, t,e succession is o"ened. 1or t,e "ur"ose of ascertaining t,eir a!ount: t,e fruits and interest of t,e "ro"erty of t,e estate of t,e sa!e Eind and 'ua ity as t,at sub3ect to co ation s,a be !ade t,e standard of assess!ent. 0alane' 1hird sense* return. 1. %ssume that the propert donated has to &e returned &ec. the legitime has &een impaired. 1he return ma &e total or partial. 2. Donee ma return' (a) propert ; (&) cash #alue !. )&ligation to return arises at the time of death. 1he fruits are also returned from that time. 1he amount depends on how much of the propert has to &e returned. E.g.* % donated to F a mango plantation. 1. If F has to return all* return all the fruits from the time of the death of %. 2. If F has to return 142* return 142 of the fruits from the time of the death of %. 0a#iera' %t the moment of death of donor* donee:s right o#er the propert is modified Art. 7D4@. $,e co&,eirs are bound to rei!burse to t,e donee t,e necessary e>"enses +,ic, ,e ,as incurred for t,e "reservation of t,e "ro"erty donated to ,i!: t,oug, t,ey !ay not ,ave aug!ented its va ue. $,e donee +,o co ates in Eind an i!!ovab e: +,ic, ,as been given to ,i!: !ust be rei!bursed by ,is co&,eirs for t,e i!"rove!ents +,ic, ,ave increased t,e va ue of t,e "ro"erty: and +,ic, e>ists at t,e ti!e t,e "artition is effected. As to +orEs !ade on t,e estate for t,e !ere " easure of t,e donee: no rei!burse!ent is due ,i! for t,e!8 ,e ,as: ,o+ever: t,e rig,t to re!ove t,e!: if ,e can do so +it,out in3uring t,e estate. 0alane' 1hird sense* return* on the assumption that the donation is totall inofficious.
"%;E 1$1

"ar. 1.,, 1he donee* &eing the rightful owner* has to &e reim&ursed the necessar expenses. 5ow much/ It depends on how much is collated. (same as %rt. 1C@>.) "ar. 2.,, 7seful expenses.,, %ppl the same rules as in necessar expenses. "ar. !.,, )rnamental expenses.,, (o right to reim&ursement &ut has the right to remo#e. 1hese are incidental o&ligations arising from collation in the third sense. Art. 7D44. S,ou d any 'uestion arise a!ong t,e co&,eirs u"on t,e ob igation to bring to co ation or as to t,e t,ings +,ic, are sub3ect to co ation: t,e distribution of t,e estate s,a not be interru"ted for t,is reason: "rovided ade'uate security is given.
Art. A7. >>> $,e de ivery of t,e "resu!"tive egiti!es ,erein "rescribed s,a in no +ay "re3udice t,e u ti!ate successiona rig,ts of t,e c,i dren accruing u"on t,e deat, of eit,er or bot, of t,e "arents8 but t,e va ue of t,e "ro"erties a ready received under t,e decree of annu !ent or abso ute nu ity s,a be considered as advances on t,eir egiti!e. )1a!i y Code: "ar. 5 t,ereof.* Art. 994. If t,e "arents entrust t,e !anage!ent or ad!inistration of any of t,eir "ro"erties to an une!anci"ated c,i d: t,e net "roceeds of suc, "ro"erty s,a be ong to t,e o+ner. $,e c,i d s,a be given a reasonab e !ont, y a o+ance in an a!ount not ess t,an t,at +,ic, t,e o+ner +ou d ,ave "aid if t,e ad!in& istrator +ere a stranger: un ess t,e o+ner: grants t,e entire "roceeds to t,e c,i d. In any case: t,e "roceeds t,us given in +,o e or in "art s,a not be c,arged to t,e c,i dGs egiti!e. )1a!i y Code.*
0alane' %ll three (!) senses. Section @.&& Partition and $istri"ution of the )state. Subsection 7.&& Partition.
0alane' "artition.,, "rocedural* a special proceeding. 1his is rele#ant if there are two or more heirs.
Decedent dies,,,V Successional rights ,,,V 0ut propert ,,,V 8o,ownership,,,V E#entuall * get,,,V Di#ide #est in the heirs is still there among heirs things together Estate (first immediate effect (second imme, and compute %mong of death) diate effect of 5eirs death)
Art. 7D4C. /,ere t,ere are t+o or !ore ,eirs: t,e +,o e estate of t,e decedent is: before its "artition: o+ned in co!!on by suc, ,eirs: sub3ect to t,e "ay!ent of debts of t,e deceased.
"%;E 1$2

Art. 7D46. Partition: in genera : is t,e se"aration: division and assign!ent of a t,ing ,e d in co!!on a!ong t,ose to +,o! it !ay be ong. $,e t,ing itse f !ay be divided: or its va ue. 0alane' Definition.,, 2Separate* di#ide and assign.2 1. .a s to go a&out partition. a. Extra<udiciall .,, Decedent dies intestate and there are no de&ts. (i) %ll the heirs agree among themsel#es.,, 7pon agreement* partition is alread #alid. (ii) If registered propert is included* pu&lish the partition in a pu&lic document (iii) ;o to the -egister of Deeds to ha#e titles transferred &. Eudicial (i) Settlement proceeding (ii) )rdinar action on co,ownership 2. ;eneral "rocedure a. If with a will* it must first &e pro&ated. %fter pro&ate* the heirs can choose &etween' (i) Extra<udicial (ii) Eudicial.,, Eudge will di#ide &ut will first gi#e the heirs a chance to su&mit their own partition. &. If the heirs do not agree on the partition * the <udge will appoint a commissioner. c. 8ommissioner will su&mit a pro<ect of partition to the <udge. 1his pro<ect of partition* howe#er* is not &inding on the <udge. d. 1he <udge will issue an order of partition. "ropert will &e ad<udicated among the heirs accordingl .
Art. 7DCD. S,ou d a "erson !aEe a "artition of ,is estate by an act inter vivos: or by +i : suc, "artition s,a be res"ected: insofar as it does not "re3udice t,e egiti!e of t,e co!"u sory ,eirs. A "arent +,o: in t,e interest of ,is or ,er fa!i y: desires to Eee" any agricu tura : industria : or !anufacturing enter"rise intact: !ay avai ,i!se f of t,e rig,t granted ,i! in t,is artic e: by ordering t,at t,e egiti!e of t,e ot,er c,i dren to +,o! t,e "ro"erty is not assigned: be "aid in cas,. 0alane' "ar. 1.,, "erson can ma3e partition. 5ow/ 1. 0 will,, ma3ing two things' a. 1estamentar disposition.,, State what #alue the person will get. &. "artition.,, State specific propert the heir will get or what comprises the #alue. E.g.* F has no compulsor heirs. 5e states in his will 2I gi#e to % 14! of m estate. 1o comprise %:s share* I would li3e her to get m house in %la&ang.2 1he testator is allowed to do so e#en if he has compulsor heirs. 1he partition is #alid as long as the items gi#en do not impair the legitime.
"%;E 1$!

2. %ct inter vivos* e.g.* pri#ate writing not a will. a. -ule under the )88 ,, to do this* there has to &e a prior existing will. .h / If no prior existing will* ou are gi#ing the person power to ma3e dispositions not in the form of a will. 1his is seen in the use of the word 2testator2 in the article. &. -ules under the (88* is it #alid/ (i) =es* as long as (it is) strictl confine(d) to rules of intestate succession since there is no will. (=ou) can onl state what properties the are to recei#e and not ma3e testamentar dispositions. (ii) )therwise* he will ha#e to ma3e a supporting will. 1his is seen in the use of the word 2person2 in the article. (ote' (1his) can still &e done in (the) manner done in the )88. Example' Estate of % consists of -1. factor and cash. % has ! compulsor heirs F* = and Q. % wants the factor to go to F. % ma3es a partition 26actor to F. = and Q are to get their legitime in cash.2 1his is #alid. 0ec. legitimes are onl #alues and not specific properties. %lso* the legitimes are not impaired. 8ha#eA #. I%8.,, In the case* 9anuela assigned or distri&uted her estate equall among her six (?) children. 1hree of those sold their share to a sister* 8oncepcion* with the consent of 9anuela. 9anuela then sold the entire propert to 6errer. .as the partition & an act i nter vivos #alid/ =es. %rt. 1CBC allows the person to ma3e a partition. If the partition is & will* it must &e with the formalities on wills. If the partition is & an act inter vivos* the partition ma &e oral or written* and need not &e in the form of a will* pro#ided the partition does not pre<udice the legitime of the compulsor heirs. 1he deeds of sale &etween 8oncepcion and her sisters are #alid &ec. the are not contracts with respect to future inheritance &ut rather a contract perfected and consummated during the lifetime of 9anuela* who signed and ga#e her consent. Art. 7DC7. A "erson !ay: by an act inter vivos or mortis causa: intrust t,e !ere "o+er to !aEe t,e "artition after ,is deat, to any "erson +,o is not one of t,e co&,eirs. $,e "rovisions of t,is and of t,e "receding artic e s,a be observed even s,ou d t,ere be a!ong t,e co&,eirs a !inor or a "erson sub3ect to guardians,i"8 but t,e !andatary: in suc, case: s,a !aEe an inventory of t,e "ro"erty of t,e estate: after notifying t,e co&,eirs: t,e creditors: and t,e egatees or devisees. 0alane' 1. 7nder this article* partition ma &e made & ' (a) the testator himself; (&) 1hird person who is not an heir. 2. Does this article also prohi&it a de#isee or legatee from &eing appointed/ It is not certain. If he is gi#en a specific portion* then there is no temptation to fa#or himself. 0ut if his share &e a generic portion* then the temptation exists. !. Mandatary refers to a person entrusted to ma3e the partition. Art. 7DC9. Every act +,ic, is intended to "ut an end to indivision a!ong co&,eirs and egatees or devisees is dee!ed to be a "artition: a t,oug, it s,ou d "ur"ort to be a sa e: an e>c,ange: a co!"ro!ise: or any ot,er transaction. 0alane' %n act or an mode of distri&ution that ends the co,ownership is a partition. 1he rules
"%;E 1$$

on co,ownership appl . 1. "h sical partition* e.g.* actuall di#iding the land. 2. 8onstructi#e partition, %rt. 1CB? If indi#isi&le (e.g.* a house) or if it will &e greatl impaired if partitioned. 5ow do ou partition/ & constructi#e partition. a. %ssign the propert to the one who will gi#e the other share in cash. &. If an o&<ect* the propert is sold at pu&lic auction. .h will an o&<ect/ "u&lic auction will usuall &ring a higher selling price. I' 5ow do ou determine if the propert is indi#isi&le or not/ %' 0 agreement &etween the co,owners. If none* the courts will decide. Art. 7DC5. Every co&,eir ,as a rig,t to de!and t,e division of t,e estate un ess t,e testator s,ou d ,ave e>"ress y forbidden its "artition: in +,ic, case t,e "eriod of indivision s,a not e>ceed t+enty years as "rovided in artic e =6=. $,is "o+er of t,e testator to "ro,ibit division a"" ies to t,e egiti!e. Even t,oug, forbidden by t,e testator: t,e co&o+ners,i" ter!inates +,en one of t,e causes for +,ic, "artners,i" is disso ved taEes " ace: or +,en t,e court finds for co!"e ing reasons t,at division s,ou d be ordered: u"on "etition of one of t,e co&,eirs. 0alane' ;eneral rule' %n of the co,heirs can demand a partition at an time. Exception' "artition is for&idden & the testator in his will. 1his applies e#en to the legitime. 0ut it cannot exceed twent (2C) ears. "ar. 2.,, Despite the prohi&ition* if an ground in %rticles 1B!C or 1B!1 (grounds for dissolution of a partnership exists)* partition will happen. Art. 7DC=. <o untary ,eirs u"on +,o! so!e condition ,as been i!"osed cannot de!and a "artition unti t,e condition ,as been fu fi ed8 but t,e ot,er co&,eirs !ay de!and it by giving sufficient security for t,e rig,ts +,ic, t,e for!er !ay ,ave in case t,e condition s,ou d be co!" ied +it,: and unti it is Eno+n t,at t,e condition ,as not been fu fi ed or can never be co!" ied +it,: t,e "artition s,a be understood to be "rovisiona . 0alane' .h / -ight as heir #ests onl when the suspensi#e condition happens. .hat a&out the other heirs/ 1he can as3 that the propert &e partitioned &ut the must gi#e securit . Art. 7DCA. In t,e "artition of t,e estate: e'ua ity s,a be observed as far as "ossib e: dividing t,e "ro"erty into ots: or assigning to eac, of t,e co&,eirs t,ings of t,e sa!e nature: 'ua ity and Eind. 0alane' .e alread saw this in %rticles 1C@! and 1C@$. It applies to heirs similarl situated. It is su&<ect to agreement &etween the parties.
"%;E 1$>

Art. 7DC@. S,ou d a t,ing be divisib e: or +ou d be !uc, i!"aired by its being divided: it !ay be ad3udicated to one of t,e ,eirs: "rovided ,e s,a "ay t,e ot,ers t,e e>cess in cas,. Nevert,e ess: if any of t,e ,eirs s,ou d de!and t,at t,e t,ings be so d at "ub ic auction and t,at strangers be a o+ed to bid: t,is !ust be done. 0alane' If one or more of the heirs demand that the propert &e sold pu&licl * then this pre#ails o#er the offer of one to gi#e the others their share in cash &ecause he will &u it. Art. 7DC4. In t,e "artition t,e co&,eirs s,a rei!burse one anot,er for t,e inco!e and fruits +,ic, eac, one of t,e! !ay ,ave received fro! any "ro"erty of t,e estate: for any usefu and necessary e>"enses !ade u"on suc, "ro"erty: and for any da!age t,ereto t,roug, !a ice or neg ect. Illustration' %* 0 and 8 are heirs. %* 0 and 8 ta3e possession and manage a fishpond* citrus plantation and apartment house respecti#el . +ater* the decide to partition the propert . %ssuming the ha#e equal shares* the must each account for the fruits actuall recei#ed and these fruits will &e di#ided equall among them. % recei#ed !C as fruits 0 recei#ed >C as fruits 8 recei#ed 2C as fruits %dd this and di#ide equall among them. Art. 7DCC. S,ou d any of t,e ,eirs se ,is ,ereditary rig,ts to a stranger before t,e "artition: any or a of t,e co&,eirs !ay be subrogated to t,e rig,ts of t,e "urc,aser by rei!bursing ,i! for t,e "rice of t,e sa e: "rovided t,ey do so +it,in t,e "eriod of one !ont, fro! t,e ti!e t,ey +ere notified in +riting of t,e sa e by t,e vendor.
Art. 7@9D. A co&o+ner of a t,ing !ay e>ercise t,e rig,t of rede!"tion in case t,e s,ares of a t,e ot,er co&o+ners or of any of t,e!: are so d to a t,ird "erson. If t,e "rice of t,e a ienation is gross y e>cessive: t,e rede!"tioner s,a "ay on y a reasonab e one. S,ou d t+o or !ore co&o+ners desire to e>ercise t,e rig,t of rede!"tion: t,ey !ay on y do so in "ro"ortion to t,e s,are t,ey !ay res"ective y ,ave in t,e t,ing o+ned in co!!on. Art. 7@76. Lega rede!"tion is t,e rig,t to be subrogated: u"on t,e sa!e ter!s and conditions sti"u ated in t,e contract: in t,e " ace of one +,o ac'uires a t,ing by "urc,ase or dation in payment: or by any ot,er transaction +,ereby o+ners,i" is trans!itted by onerous tit e.
0alane' %. 1he right of redemption gi#en to the co,heir pro#ided the co,heir4 #endor sold his undi#ided share or a portion thereof in the estate. %rticle 1?2C on legal redemption and %rt. 1CBB are the same. 1he onl difference is in the application. 1. %rt. 1?2C applies to specific propert 2. %rt. 1CBB applies to hereditar mass
"%;E 1$?

0. 5ow will the right of redemption &e exercised/ 1. If onl one will redeem* he will pa the purchase price. 2. If more than one will redeem* the will pa purchase price proportionall to their share in the propert . (ote' Share must ha#e &een sold to a stranger. If sold to a co,heir* the right of redemption does not exist. .h / 1he purpose is to 3eep the proprietar mass w4in the co, owners. Art. 7DC6. $,e tit es of ac'uisition or o+ners,i" of eac, "ro"erty s,a be de ivered to t,e co&,eir to +,o! said "ro"erty ,as been ad3udicated. 0alane' )nce partition is made* respecti#e titles are gi#en to the respecti#e heirs. .h / So that the can transfer the titles in their names. Art. 7D6D. /,en t,e tit e co!"rises t+o or !ore "ieces of and +,ic, ,ave been assigned to t+o or !ore co&,eirs: or +,en it covers one "iece of and +,ic, ,as been divided bet+een t+o or !ore co&,eirs: t,e tit e s,a be de ivered to t,e one ,aving t,e argest interest: and aut,entic co"ies of t,e tit e s,a be furnis,ed to t,e ot,er co&,eirs at t,e e>"ense of t,e estate. If t,e interest of eac, co&,eir s,ou d be t,e sa!e: t,e o dest s,a ,ave t,e tit e. 0alane' (1his is) to ena&le e#er &od to get their respecti#e properties 7suall ou must ha#e the land resur#e ed. Subsection 9.&& )ffects of Partition. Art. 7D67. A "artition ega y !ade confers u"on eac, ,eir t,e e>c usive o+ners,i" of t,e "ro"erty ad3udicated to ,i!. 0alane' Effect of partition.,, %rt. 1CD1 or to terminate co,ownership. Art. 7D69. After t,e "artition ,as been !ade: t,e co&,eirs s,a be reci"roca y bound to +arrant t,e tit e to: and t,e 'ua ity of: eac, "ro"erty ad3udicated. 0alane' .arranties are the same as in sales' 1. E#iction (title.) 2. 5idden defects (qualit .) E.g.* 1hree co,heirs %* 0 and 8 di#ided the land the inherited equall . 0ut part of the land gi#en to % did not reall &elong to the predecessor so % losses part of his share. .hat happens/ 0 and 8 will &e lia&le for the warrant for the part lost. 1he will either' (a) gi#e cash; or (&) gi#e land. Art. 7D65. $,e reci"roca ob igation of +arranty referred to in t,e "receding artic e
"%;E 1$@

s,a be "ro"ortionate to t,e res"ective ,ereditary s,ares of t,e co&,eirs8 but if any of one of t,e! s,ou d be inso vent: t,e ot,er co&,eirs s,a be iab e for ,is "art in t,e sa!e "ro"ortion: deducting t,e "art corres"onding to t,e one +,o s,ou d be inde!nified. $,ose +,o "ay for t,e inso vent ,eir s,a ,ave a rig,t of action against ,i! for rei!burse!ent: s,ou d ,is financia condition i!"rove. 0alane' Illustration' %* 0* 8 and D. % lost part (as in %rt. 1CD2) worth DC. 1. 0* 8 and D will share equall in the DC* !C each 2. If D is insol#ent* %* 0 and 8 will shoulder his !C share* 1C each !. ;eneral rule' %* 0 and 8 ha#e a right of reim&ursement against D should his financial situation impro#e. Exception' If D gets a <udicial declaration of insol#enc . 1his wipes out all his de&ts. Art. 7D6=. An action to enforce t,e +arranty a!ong co&,eirs !ust be broug,t +it,in ten years fro! t,e date t,e rig,t of action accrues. 0alane' 1he ten (1C) was disco#ered. ears is counted from the time the portion was lost or the hidden defect
Art. 7D6A. If a credit s,ou d be assigned as co ectib e: t,e co&,eirs s,a not be iab e for t,e subse'uent inso vency of t,e debtor of t,e estate: but on y for ,is inso vency at t,e ti!e t,e "artition is !ade. $,e +arranty of t,e so vency of t,e debtor can on y be enforced during t,e five years fo o+ing t,e "artition. Co&,eirs do not +arrant bad debts: if so Eno+n to: and acce"ted by t,e distributee. But if suc, debts are not assigned to a co&,eir: and s,ou d be co ected: in +,o e or in "art: t,e a!ount co ected s,a be distributed "ro"ortionate y a!ong t,e ,eirs. 0alane' 1. 8an ou assign a credit/ =es. % credit is a propert . 2. 1ime of insol#enc of the de&tor is important. a. If the de&tor was originall sol#ent (sol#ent &efore the assignment)* then later on &ecomes insol#ent* the co,heirs are not lia&le. &. If the de&tor was insol#ent &efore the partition. ;eneral rule' .arrant holds and co,heirs are lia&le. Exception' If co,heir4 distri&utee 3new of the insol#enc and still accepted the &ad de&t* then the co,heirs are not lia&le. Art. 7D6@. $,e ob igation of +arranty a!ong co&,eirs s,a cease in t,e fo o+ing cases: )7* /,en t,e testator ,i!se f ,as !ade t,e "artition: un ess it a""ears: or it !ay be reasonab y "resu!ed: t,at ,is intention +as ot,er+ise: but t,e egiti!e s,a a +ays re!ain uni!"aired8 )9* /,en it ,a+s been so e>"ress y sti"u ated in t,e agree!ent of "artition: un ess t,ere ,as been bad fait,8 )5* /,en t,e eviction is due to a cause subse'uent to t,e "artition: or ,as been caused by t,e fau t of t,e distributee of t,e "ro"erty. 0alane' 1he warrant does not exist in the situations gi#en. 6or par. 1.,, ;eneral rule' .arrant does not appl .
"%;E 1$B

Exception' If legitimes are impaired. Subsection 5.&& #escission and Nullity of Partition. Art. 7D64. contracts. A "artition !ay be rescinded or annu ed for t,e sa!e causes as
0alane' %. -escission.,, %rticles 1!B1 to 1!B2. 0. %nnulment.,, %rt. 1!DC. 1. "art incapa&le of gi#ing consent 2. Gitiated consent a. 9ista3e &. Giolence c. Intimidation d. 7ndue Influence e. 6raud. Art. 7D6C. A "artition: 3udicia or e>tra&3udicia : !ay a so be rescinded on account of esion: +,en any one of t,e co&,eirs received t,ings +,ose va ue is ess: by at east one& fourt,: t,an t,e s,are to +,ic, ,e is entit ed: considering t,e va ue of t,e t,ings at t,e ti!e t,ey +ere ad3udicated. 0alane' +esion is the same as that in %rt. 1!B1* paragraphs 1 and 2. 1his applies whether the partition was <udicial or extra<udicial. E.g.* % is a co,heir of 0 and 8. % is entitled to recei#e 1CC. In partition* he recei#es' 1. "ropert worth BC. (o rescission of partition &ec. the lesion is less then 14$. 0ut % has rights under the warranties. So he can as3 for completion. 2. "ropert is worth @>. 1here is lesion so % can demand for the rescission of the partition. In actualit * (this is) hard to do,, how do ou pro#e #alues* the are #er su&<ecti#e. 1his is not loo3ed upon w4 fa#or & 8i#il +aw commentators. Art. 7D66. $,e "artition !ade by t,e testator cannot be i!"ugned on t,e ground of esion: e>ce"t +,en t,e egiti!e of t,e co!"u sory ,eirs is t,ereby "re3udiced: or +,en it a""ears or !ay reasonab y be "resu!ed: t,at t,e intention of t,e testator +as ot,er+ise. 0alane' If partition was done & the testator.,, ;eneral rule' 1he heirs cannot demand rescission on the ground of lesion. Exceptions' (1) when the legitime of an compulsor heir was impaired. (2) when the testator:s intent was not carried out. Art. 77DD. $,e action for rescission on account of esion s,a "rescribe after four years fro! t,e ti!e t,e "artition +as !ade. 0alane' "rescripti#e period.,, 6our ($) ears from the time the partition was made.
"%;E 1$D

Art. 77D7. $,e ,eir +,o is sued s,a ,ave t,e o"tion of inde!nifying t,e " aintiff for t,e oss: or consenting to a ne+ "artition. Inde!nity !ay be !ade by "ay!ent in cas, or by t,e de ivery of a t,ing of t,e sa!e Eind and 'ua ity as t,at a+arded to t,e " aintiff. If a ne+ "artition is !ade: it s,a affect neit,er t,ose +,o ,ave not been "re3udiced nor t,ose +,o ,ave not received !ore t,an t,eir 3ust s,are. 0alane' If there is lesion* there are two (2) options' 1. 9a3e a new partition 2. ;i#e the pre<udiced heir the monetar equi#alent of the damage. .ho can choose/ 1he heir sued. E.g. %* 0 and 8. % is supposed to recei#e 1CC*CCC. 5e recei#es onl @C*CCC. % sues 0 and 8. 0 and 8 has the choice of which option to follow. Art. 77D9. An ,eir +,o ,as a ienated t,e +,o e or a considerab e "art of t,e rea "ro"erty ad3udicated to ,i! cannot !aintain an action for rescission on t,e ground of esion: but ,e s,a ,ave a rig,t to be inde!nified in cas,. 0alane' 1his pro#ision does not mean much. Art. 77D5. $,e o!ission of one or !ore ob3ects or securities of t,e in,eritance s,a not cause t,e rescission of t,e "artition on t,e ground of esion: but t,e "artition s,a be co!" eted by t,e distribution of t,e ob3ects or securities +,ic, ,ave been o!itted. 0alane' 1his contemplates a case where there is an incomplete partition. .h / E.g.* It was not 3nown that the existed. 1he solution is to partition the newl disco#ered o&<ects. Art. 77D=. A "artition !ade +it, preterition of any of t,e co!"u sory ,eirs s,a not be rescinded: un ess it be "roved t,at t,ere +as bad fait, or fraud on t,e "art of t,e ot,er "ersons interested8 but t,e atter s,a be "ro"ortionate y ob iged to "ay to t,e "erson o!itted t,e s,are +,ic, be ongs to ,i!. 0alane' 1his refers to omission of heir in partition and not to preterition. 1he heir omitted has the right to demand his share. Art. 77DA. A "artition +,ic, inc udes a "erson be ieved to be an ,eir: but +,o is not: s,a be void on y +it, res"ect to suc, "erson. 0alane' 1his is the opposite of %rt. 11C$. It does not nullif the partition. It ma3es the recipient return what was mista3enl gi#en to him. -%9 124!C4D>
"%;E 1>C

RM Succession

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RM Succession

Uploaded by

Copyright:

Available Formats

Notes And Cases On SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

o&ligation to 3eep the lessee in the peaceful

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

6or 8* !41! x !C*CCC N

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Jind of 5eir 8ompulsor Goluntar Intestate

"redecease 1( -ep. 1( -ep. 1( -ep.

Incapacit 1( -ep. 1( (o -ep. 1( -ep.

-enunciation 1( (o -ep. 1( (o -ep. 1( (o -ep.

1(,, 1ransmits (othing -ep.,, 1here is -epresentation (o rep.,, 1here is no representation.

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

2CCCCCC O !CCCCC O >CCCCC O 2CCCCC "!CCCCCC 1>CCCCC >CCCCC each.

2CCCC 2CCCC 2CCCC 1CCCC

>CCC 2CCCC 2CCCC (!CCCC)