SUCCESSION

I.

General Provisions

WhatisSuccession?
Successionisamodeofacquisitionbyvirtueofwhichtheproperty,rightsandobligationstotheextentof
thevalueoftheinheritance,ofapersonaretransmittedthroughhisdeathtoanotherorotherseitherbyhis
willorbyoperationoflaw.(Article774)
Whataretransmitted?
Onlytransmissiblerightsandobligationspassbysuccession.
Whatisthegeneralruleastotransmissibility?
Iftherightorobligationisintuitupersonae,itisintransmissible;otherwise,itistransmissible.
Whatisanheir?Whatisadevisee?Alegatee?
AccordingtoArticle782,anheirisapersoncalledtothesuccessioneitherbytheprovisionofawillorby
operationoflaw.Accordingtothesamearticle,deviseesandlegateesarepersonstowhomgiftsofrealand
personalpropertyarerespectivelygivenbyvirtueofawill.Ascanbeobserved,thestatutorydefinitions
arenotthathelpfulpreciselybecausethereisnocleardelineationbetweenanheirandadevisee/legatee.In
otherwords,bythewordsofArticle782,onewhoisanheirisalsoadevisee/legatee,andviceversa.A
morehelpfuldefinitionisprovidedforbyCastan:Anheirisonewhosucceedstothewholeoranaliquot
partoftheinheritance(universalsuccession).Deviseesandlegateesarethosewhosucceedtodefinite,
specificandindividualproperties(particularsuccession).
Q: Enumerate and define the characteristics of a will? (Copied)
A: The characteristics of the making of a will are the following:
1) Personal- A person cannot delegate the making of a will to third persons.
2) Free or Voluntary- As in any act that affects a transfer of real rights, the making of a will must be
done voluntarily.
3) Revocable or Ambulatory- Since the disposition will only take effect upon the death of the testator,
he is given the leeway to change his mind and revoke his will.
4) Formal- The making of a will is surrounded by solemnities prescribed by law.
5) Unilateral- Only one party is necessary to make a will.
6) Effective mortis causa- Regardless of the tenor of the will, the effectivity of the property disposition
is effective only upon the testators death.
7) Individual- The making of a will is an individual act and not a joint undertaking.
8) Statutory- The right of making a will thus allowing the testator to control his property beyond his
lifetime is a right provided by the legislature.

II.

Testamentary Succession

Whatistestamentarysuccession?
Itisthatsuccessionwhichresultsfromthedesignationofanheir,madeinawillexecutedintheform
prescribedbylaw.(seeArticle779)

Whatisawill?
Awillisanactwherebyapersonispermitted,withtheformalitiesprescribedbylaw,tocontroltoacertain
degree,thedispositionofhisestate,totakeeffectafterhisdeath.(seeArticle783)
Vitugvs.CourtofAppeals(183SCRA755[1990]),providesforanotherdefinitionapersonal,solemn,
revocableandfreeactbywhichacapacitatedpersondisposesofhispropertyandrightsanddeclaresor
complieswithdutiestotakeeffectafterhisdeath.
Whatcanservetovitiatetheconsentofatestator?
1.

Insanity2.Fraud3.Violence4.Intimidation5.UndueInfluence6.Fraud7.Mistake

Q: What is the true test of presence of the testator and the witnesses in the execution of a
will? (Copied)
A: The true test of presence is whether they might have seen each other sign, had they chosen to do so,
considering their mental and physical condition and position with relation to each other at the moment of
inscription of each signature. (Nera vs. Rimando)
Q: What is the effect of the failure of the testator to sign the attestation clause of a notarial
will? (Copied)
A: It has no effect. The attestation clause is the certification by the witnesses that the requirements of the
law for the execution of the will have been complied with. It is a declaration made by the witnesses and not
by the testator. Therefore, the attestation clause need be signed only by the witnesses and not by the testator.
(Abangan vs. Abangan)
Q: What are the requisites of testamentary capacity? (Copied)
A: The requisites of testamentary capacity are:
a) Testator is of sound mind at the time of execution (NCC 798);
b) Not under 18 years of age (NCC 797);
c) Not expressly prohibited by law to make a will (NCC 796).

Whatislegalpresumptionastosoundnessofmind?Arethereanyexceptionstothisrule?
Asageneralrule,soundnessofmindispresumed,albeit,thisisarebuttablepresumption.(seeArticle800)
Hence,theburdenofproofthatthetestatorwasnotofsoundmindatthetimeofmakinghisdispositionsis
onthepersonwhoopposestheprobateofthewill.(Ibid)TheCodethroughArticle800andtheRulesof
CourtunderRules93and101providesfortwoexceptionsthatwouldleadtoarebuttablepresumptionof
insanity,effectivelyshiftingtheburdenofprooftotheonewhomaintainsthevalidityofthewill:(1)When
thetestator,onemonthorless,beforetheexecutionofthewillwaspubliclyknowntobeinsane;(2)When
thetestatorexecutedthewillafterbeingplacedunderguardianshipororderedcommitted,ineithercase,
forinsanity,andbeforesaidorderhasbeenlifted.(seealsoTorresvs.Lopez,48Phil774)
Maythewillmaking,inwholeorinpart,bedelegated?
No.Themakingofawillisastrictlypersonalactthatcannotbeleftinwholeorinparttothediscretionof
athirdperson,oraccomplishedthroughtheinstrumentalityofanagentorattorney(seeArticle784).Note
howeverthatitistheexerciseofthedisposingpowerthatcannotbedelegated,hence,mechanicalaspects
donotfallwithintheprohibition.
Doestheruleofnondelegabilityofwillmakinghaveanyexceptions?

Yes.Inasmuchas(1)thepropertyoramountofmoneytobegivenand(2)theclassorcausetobe
benefited,mustbedeterminedbythetestatorandmaynotbedelegated,thedesignationofpersons,
institutionsorestablishmentswithintheclassorcauseandthemannerofdistributionmaybedelegated.
(seeArticle786)
Q: Can a lost holographic still be probated? (Copied)
A: Yes. A photostatic or xerox copy of the holographic will may be allowed because a comparison can be
made with the standard writings of the testator. The holographic will may still be admitted to probate as long
as the photostatic or xerox copy can prove the authenticity of the handwriting of the deceased. (Rodellas vs.
Aranza)

Whataretherequirementsofprobateofaholographicwill?
Atleastonewitnesswhoknowsthehandwritingandsignatureofthetestatorexplicitlydeclaringthatthe
willandthesignatureareinthehandwritingofthetestator(seeArticle811)2.Ifthewilliscontested,at
leastthreeofsuchwitnessesshallberequired(Ibid)3.(1)Intheabsenceofanycompetentwitnessreferred
tointheprecedingparagraph,and(2)iftheCourtdeemitnecessary,experttestimonymayberesortedto
(Ibid)4.Presentationofthewillitself(Ganvs.Yap,104Phil509[1958])
Q: What are the requirements of a valid codicil? (Copied)
A: The following are the requirements for a valid codicil:
1) It is a supplement or addition to a will;
2) It is made after the execution of the will;
3) It is to be annexed and taken s part hereof;
4) It explains, adds or alters the original will;
5) It must be executed following the formalities of a will.
Q: What are the requisites of reserve troncal? (Bar 2014) (Copied)
A: The following are the requisites of Reserva Troncal:
a) The transfer of property by gratuitous title to the descendant from an ascendant or brother or
sister;
b) The existence in the inheritance of such property acquired by the descendant;
c) The existence of an ascendant who inherited property from the descendant by operation of law; and
d) The existence of relatives of the descendant with the 3 rd degree and from the line from where the
properties came from.
Q: Natividads holographic will, which had only one (1) substantial provision, as first written,
named Rosa as her sole heir. However, when Gregorio presented it for probate, it already
contained an alteration, naming Gregorio, instead of Rosa, as sole heir, but without
authentication by Natividads signature. Rosa opposes the probate alleging such lack of
proper authentication. She claims that the unaltered form of the will should be given effect.
Whose claim should be granted? Explain. (2012 Bar) (Copied)
A: Neither claim should be granted. When as in this case, the holographic will in dispute had only one
substantial provision, which was altered by substituting the original heir with another, but which alteration
did not carry the requisite of full authentication by the full signature of the testator, the effect must be that
the entire will is voided or revoked for the reason that nothing remains in the will after that which could
remain valid. (Kalaw vs. Relova)
Q: Is a legacy or devise given to a person who is one of the three witnesses to the execution of
the will void even if he is not one of the subscribing witnesses? (Copied)
A: If the executed will is a holographic will, a legacy or devise given to a person who is one of the three
witnesses to the execution of the said will is not void. According to Article 810 of the New Civil Code, the
holographic will only requires that the will must be entirely written, dated and signed by the hand of the
testator. It is not subject to no other form. Therefore, it is not necessary that there be subscribing witnesses
in the execution of a holographic will. On the other hand, if the will is a notarial will, a legacy or devise given
to a person who is one of the three witnesses to the execution of the said will is void. This is because the law
requires that there must be at least three witnesses who should attest and subscribe the due execution of the
will. If there are only exactly three witnesses, any legacy or devise instituted in a notarial will is void.

Q: During the lifetime of X, X donated a parcel of land to his niece, Y.

a. Suppose X died leaving Z, his brother, as his sole surviving heir. Should the
donation of X to Y, during Xs lifetime, be collated? (Copied)
A: No. Collation is only necessary whenever there is a compulsory heir because its primary purpose is to
determine the distributable hereditary estate as a basis to find out the amount of the legitime of the
compulsory heir or heirs of the decedent. Z, Xs brother, is not a compulsory heir of X. Therefore, the
donation of X to Y, during Xs lifetime, cannot be compelled to be collated.
b.

Suppose Y died ahead of X leaving his children, A and B. Subsequently, X died

leaving C, his legitimated son. You were asked by C if the children of Y may be
compelled to bring to collation the donation of X to Y, during Xs lifetime. Decide.

A: A and B, the children of Y, may not be compelled to bring to collation the donation of X to Y, during Xs
lifetime. The obligation to collate is personal to the person to whom the donation inter vivos is given. The
obligation to collate is not transmitted to the heirs of the donee. Upon the death of Y, the obligation to collate
of Y ceased.
Q: X and Y are brothers. When X died, X had an estate of P90,000,000 leaving A and B, the
half-blood and full-blood grandsons of Y respectively, as his sole surviving heirs. Distribute
the estate. (Copied)
A: X = P45,000,000; Y = P45,000,000.As among brothers and sisters and nephews and nieces, there is a 2:1
ratio for full-blood and half-blood relatives. However, this distinction does not apply with respect to other
collateral relatives. A and B are grandnephews of X. Therefore, the estate of X should be distributed equally
without distinction to full and half-blood grandnephews.
Q: On 8 March 2014, X, a 75 year old Filipino citizen, boarded Singapore Airlines Flight 413
(SA 413) in Singapore bound to Manila, Philippines. However, on 9 March 2014, it was
reported that the plane suddenly disappeared. On 8 March 2019, the heirs of X instituted
intestate proceedings for the estate of X. Subsequently, on 8 March 2024, the pieces of debris
of SA 413 were recovered near the West Philippines Sea. Given the foregoing circumstances,
when did Xs succession open? (Copied)
A: The succession of X opened on 9 March 2014, the date when the plane went missing, because it is one of
those enumerated under Article 391 of the New Civil Code regarding extraordinary presumption of death. In
such cases, the presumptive date of death is fixed on the very day of the occurrence of the event which may
have occasioned death. (Austria vs. Reyes)
Q: X, the testator, is the adoptive father of Y. Subsequently, Y predeceased X. Y was survived
by his four children namely: A, his legitimate son; B, his legitimated daughter; C, his adopted
son; D, his illegitimate daughter. Among Ys children, who can represent Y in the estate of X?
(Copied)
A: No one. An adopted person cannot be represented.

Atty.Baetiongisboththenotarypublicandanattestingwitnessofawill.Isthewillinvalidated?
Notnecessarily.Ifthereareonlythreeattestingwitnesses,oneofthembeingAtty.Baetiong,thenthewill
isinvalidatednotbecauseofthelackofcapacityonthepartofthenotarypublic,butbecausethe
instrumentalwitnessesarelacking.However,iftherearemorethanthreeattestingwitnesses,thenthewill
remainsvalid,notwithstandingthefactthatAtty.Baetiongcannotbeoneoftheattestingwitnesses.
Whatareexamplesofdefectsthatcanbesuppliedbyanexaminationofthewill?
Canedaprovidedforexamplesofdefectsthatcanbesuppliedbyanexaminationofthewill:(1)whether
pagesareconsecutivelynumbered,(2)whethersignaturesappearineachandeverypage,(3)whetherthere
arethreesubscribingwitnessesand(4)whetherthewillwasnotarized.

III.

Legal or Intestate Succession

Whatisintestateorlegalsuccession?AlthoughnotfoundintheCode,itisthesuccessionthattakesplace
byoperationoflawintheabsenceofavalidwill.
Whatisthebasisofintestatesuccession?
Thepresumedwillofthedecedent,whichwoulddistributetheestateinaccordancewiththeloveand
affectionhehasforhisfamilyandcloserelatives,andindefaultofthesepersons,thepresumeddesireof
thedecedenttopromotecharitableandhumanitarianactivities.
Whatarethebasicrulesofintestacy?
1.

PreferenceofLines2.ProximityofDegree3.Equalityamongrelativesofthesamedegree4.
Relationship

Whatarethethreelineofrelationshipandwhatistheorderofpreferencebetweenthem?
1.

Descending2.Ascending3.Collaterals

Whoaretheintestateheirs?
1.LegitimateChildren/Descendants2.IllegitimateChildren/Descendants3.LegitimateParents/Ascendants
4.IllegitimateParents5.SurvivingSpouse6.Brothers,Sisters,Nephews,Nieces7.OtherCollateralsto
the5thDegree8.State
Q: What law governs the persons capacity to succeed?
A: It is governed by the national law of the decedent. It is not the national law of the heir. (NCC 1039)
Q: Should the heir be living at the moment of death of the decedent to inherit? (Copied)
A: It depends. As a general rule, the heir must be living at the moment of death of the decedent to inherit
because it is that exact time when succession opens (NCC 1025). The only exception is in cases of reserva
troncal. In reserva troncal, the heir (reservees) does not need to be living at the time of the decedents death
but it is necessary that the heir (reserves) survives the reservista. Moreover, the heir (reservee) is actually
inheriting directly from the decedent (prepositus) and not from the reservista.
Q: Is the right of representation available to the illegitimate descendants of legitimate
children in the inheritance of a legitimate grandparent? (Copied)
A: No, Article 992 of the New Civil Code prohibits absolutely a succession ab intestate between the
illegitimate child and the legitimate children and relatives of the father or mother.
Q: How can an incapacitated heir, because of unworthiness to inherit under Article 1032 of
the New Civil Code, be restored to his/her capacity? (Copied)
A: The unworthiness is set aside and the unworthy heir restored to capacity in two ways:
1) A written condonation, or
2) The execution by the offended party of a will of a will with knowledge of the cause of unworthiness.
(Balane)

IV.

Provisions Common to Testate and Intestate Succession

Q: What are the requisites of Accretion? (Copied)

A: The requisites of Accretion are:
a) Unity of object;
b) Plurality of persons;
c) Repudiation, incapacity, or predecease;
d) Acceptance;

e)

No earmarking which means that after distributing the estate, the other heirs must not be holding the
property in the concept of co-ownership.

Whataretherightsoftheheirstowhomtheinheritanceaccrues?
Theheirstowhomtheinheritanceaccruesshallsucceedtoalltherightsandobligationswhichtheheirwho
renouncedorcouldnotreceiveitwouldhavehad(Article1020).
Whataretheexceptions,ifany,totherulejuststated?
1.

Intestamentarysuccession,ifthetestatorprovidesotherwise;2.Iftheobligationispurely
personal,andhenceintransmissible.

Whatisthepossiblesignificanceoftheruleofnonaccretioninthelegitime?
Therulewouldprobablyfindsignificanceinthecomputationoflegitimesofillegitimatechildrenor
survivingspousewhenconcurringwithlegitimatechildren.
Intestamentarysuccession,assumingsubstitutionisprovidedinthewill,wouldaccretionstillapply?Why?
Intestamentarysuccession,accretionissubordinatetosubstitution,ifthetestatorhassoprovided.Thisis
becausesubstitutionisthetestatorsexpressintent,whereasaccretionismerelyhisimpliedintent.