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San Beda Succession

San Beda Succession

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Published by Lenard Trinidad
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Published by: Lenard Trinidad on Mar 24, 2013
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10/27/2013

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San Beda College of Law
53
 
M
EMORY
A
ID IN
C
IVIL
L
AW
 
C
IVIL
L
AW
C
OMMITTEE
 
C
HAIRPERSON
:
 
Romuald Padilla
A
SST
.C
HAIRPERSON
: Vida Bocar, Joyce Vidad
EDP: Alnaiza Hassiman, Dorothy Gayon
 
S
UBJECT
H
EADS
:
 
Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. RhodoraFerrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John StephenQuiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),Ma. Ricasion Tugadi (Conflicts of Law)
SUCCESSION
SUCCESSION
 
A mode of acquisition by virtueof which the property, rights andobligations to the extent of thevalue of the inheritance, of aperson are transmitted throughhis death to another or otherseither by his will or by operationof law.
 
(Art. 774)
 Kinds:
1.
 
Testamentary or Testacy (by will);2.
 
Legal or intestacy (by operation of 
law based on the decedent’s
presumed will);3.
 
Mixed (Partly Testamentary andLegal); and4.
 
Partition inter vivos (to a certaindegree).
Elements
:
1.
 
DECEDENT (subjective element)2.
 
SUCCESSORS (subjective element)a.
 
Heirs - those who are called tothe whole or to an aliquotportion of the inheritance eitherby will or by operation of law1)
 
Voluntary
those institutedby the testator in his will, tosucceed to the inheritanceor the portion thereof of which the testator can freelydispose.2)
 
Compulsory or Forced
thosewho succeed by force of lawto some portion of theinheritance, in an amountpredetermined by law,known as the legitime.3)
 
Legal or Intestate
thosewho succeed to the estate of the decedent who dieswithout a valid will, or tothe portion of such estatenot disposed of by will.b.
 
Devisees or legatees - persons towhom gifts of real or personalproperty are respectively givenby virtue of a will
NOTE:
The distinctions betweenheirs and devisees/legatees aresignificant in these cases:1.
 
Preterition (pretermission)2.
 
Imperfect disinheritance3.
 
After-acquired properties4.
 
Acceptance or non-repudiation of thesuccessional rights.3.
 
DEATH OF THE DECEDENT (casualelement)
 
Moment when rights to succeed aretransmitted (Art 777)
 
However, a person may be
“presumed” dead
 for the purpose of opening his succession
(see rules onpresumptive death). In this case,succession is only of provisionalcharacter because there is alwaysthe chance that the absentee maystill be alive.4.
 
Inheritance (objective element);
NOTE:
Whatever may be the time whenactual transmission takes place,succession takes place in any event at
the moment of the decedent’s death.
(Lorenzo vs. Posadas 64 Phil 353)
 
SUCCESSION INHERITANCE
Refers to the legalmode by whichinheritance istransmitted to thepersons entitledto itRefers to theuniversality orentirety of theproperty, rightsand obligations of a person who died
Inheritance includes:
1.
 
PROPERTY, RIGHTS ANDOBLIGATIONS
NOT EXTINGUISHED
BYDEATH
General rules on rights andobligations extinguished by hisdeath
a)
 
Rights which are
 purely personal
 are by their nature and purpose
intransmissible
for they are
extinguished by death
(e.g.those relating to civilpersonality, family rights,discharge of office).
 
54
 
2005
C
ENTRALIZED
B
 AR 
O
PERATIONS
 
2005
 
C
ENTRALIZED
B
AR
O
PERATIONS
E
XECUTIVE
C
OMMITTEE AND
S
UBJECT
C
HAIRPERSONS
 
Maricel Abarentos
(Over-all Chairperson),
Ronald Jalmanzar
(Over-all Vice Chair),
Yolanda Tolentino
(VC-Acads), J
enniferAng
(VC- Secretariat),
Joy Inductivo
(VC-Finance),
Elaine Masukat
(VC-EDP),
Anna Margarita Eres
(VC-Logistics).
JonathanMangundayao
(Political Law),
Francis Benedict Reotutar
(Labor Law),
Romuald Padilla
(Civil Law),
Charmaine Torres
(Taxation Law),
Mark David Martinez
(Criminal Law),
Garny Luisa Alegre
(Commercial Law),
Jinky Ann Uy
(Remedial Law),
Jackie Lou Bautista
(LegalEthics)
b)
 
Rights which are
 patrimonial
orrelating to property aregenerally part of inheritance asthey
are not extinguished by death
.c)
 
Rights of obligations
are bynature
transmissible
and mayconstitute part of inheritanceboth with respect to the rights of the creditor and as regards tothe obligations of the debtor.2.
 
ALL WHICH HAVE
 ACCRUED
THERETOSINCE THE OPENING OF SUCCESSION(
 Article 781 Civil Code
)
I.
 
TESTAMENTARY SUCCESSION
A. CONCEPTWILL -
an act whereby a person ispermitted, with the formalitiesprescribed by law, to control to a certaindegree the disposition of his estate totake effect after his death (Art. 783)
NOTE:
Thus, a document that does not
purport to dispose of one’s estate either
by the institution of heirs or designationof devisees/legatees or, indirectly, byeffecting a disinheritance, is not to begoverned by the law on testamentarysuccession but by some other applicablelaws.
Kinds of Wills:
1.
 
Notarial or ordinary2.
 
Holographic
Characteristics of a Will:
1.
 
UNILATERAL2.
 
STRICTLY PERSONAL ACT - Thedisposition of property is solelydependent upon the testator.
NOTE:
The following acts MAY NOT beleft to the discretion of a third person:(
 Article 785, 787 Civil Code
)duration or efficacy of the designation of heirs, devisees or legatees;determination of the portions which theyare to take, when referred to byname; anddetermination of whether or not thetestamentary disposition is to beoperative.
NOTE:
However, the following acts MAYbe entrusted to a third person: (
 Article786 Civil Code
)a. distribution of specific propertyor sums of money that he may leavein general to specified classes orcauses; andb. designation of the persons,institutions or establishments towhich such property or sums are tobe given or applied.3. FREE AND VOLUNTARY ACT
Any viceaffecting the testamentary freedom cancause the disallowance of the will.4.
 
FORMAL AND SOLEMN ACT
Theformalities are essential for the validityof the will.5. ACT MORTIS CAUSA
 
6. AMBULATORY AND REVOCABLE
DURING THE TESTATOR’S LIFETIME
 7. INDIVIDUAL ACT
Two or morepersons cannot make a single
 joint
will,either for their reciprocal benefit or foranother person. However, separate orindividually executed wills, althoughcontaining reciprocal provisions (
mutual
 wills), are not prohibited, subject to therule on
disposicion captatoria
.
 
8.
 
DISPOSITION OF PROPERTY
B. INTERPRETATION OF WILLS
(ARTS.788-792)T
he testator’s intent (
animus testandi
),as well as giving effect to such intent, isprimordial. It is sometimes said that thesupreme law in succession is the intentof the testator. All rules of constructionare designed to ascertain and give effectto that intention. It is only when theintention of the testator is contrary tolaw, morals, or public policy that itcannot be given effect.In case of doubt, that interpretation bywhich the disposition is to be operativeshall be preferred. That construction isto be adopted which will sustain anduphold the will in all its parts, if it canbe done consistently with theestablished rules of law.
 
San Beda College of Law
55
 
M
EMORY
A
ID IN
C
IVIL
L
AW
 
C
IVIL
L
AW
C
OMMITTEE
 
C
HAIRPERSON
:
 
Romuald Padilla
A
SST
.C
HAIRPERSON
: Vida Bocar, Joyce Vidad
EDP: Alnaiza Hassiman, Dorothy Gayon
 
S
UBJECT
H
EADS
:
 
Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. RhodoraFerrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John StephenQuiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),Ma. Ricasion Tugadi (Conflicts of Law)
Kinds of Ambiguities:
(Article 786)
 
1. LATENT OR INTRINSIC AMBIGUITIES
 that which does not appear on the faceof the will and is discovered only byextrinsic evidence.2. PATENT OR EXTRINSIC AMBIGUITIES
 that which appears on the face of thewill itself 
NOTES:
 
 
There is no distinction betweenpatent and latent ambiguities, in sofar as the admissibility of parol orextrinsic evidence to aidtestamentary disposition isconcerned.
 
Extrinsic evidence to explainambiguities in a will
cannot
include
oral declarations
of the testator asto his intention.
 
The validity of a will as to its formdepends upon the observance of lawin force at the time it is made. (Art.795).
 
If a law different from the law inforce at the time of the execution of the will goes into effect before orafter the death of the testator, sucha law shall not affect the validity of the will, provided that such will wasduly executed In accordance withthe formalities prescribed by law inforce at the time it was made.
AFTER-ACQUIRED PROPERTY (Art. 793)Gen. Rule:
Property acquired during theperiod between the execution of the willand the death of the testator is NOTincluded among the property disposedof.
Exception:
When a contrary intentionexpressly appears in the will
NOTE:
This rule applies only to legaciesand devises and not to institution of heirs.
C. TESTAMENTARY CAPACITY
 
refers to the ability as well as thepower to make a will.- must be present at the time of theexecution of the will.
Requisites:
1.
At least 18 years of age
2.
Of sound mind, i.e., the ability toknow:
a.
the
nature
of the estate to bedisposed of;
b.
the
 proper objects
of his bounty;and
c.
the
character of thetestamentary act
.
NOTE:
The law
 presumes
that thetestator is of sound mind, UNLESS:a. he, one month or less, before makinghis will, was publicly known to beinsane; orb. was under guardianship at the time of making his will.
(Torres and Lopez deBueno vs. Lopez 48 Phil 772)
In both cases, the burden of provingsanity is cast upon proponents of thewill.
Effect of Certain Infirmities:
 
1.
 
mere senility or infirmity of old agedoes not necessarily imply that aperson lacks testamentary capacity;2.
 
physical infirmity or disease is notinconsistent with testamentarycapacity;3.
 
persons suffering from idiocy (thosecongenitally deficient in intellect),imbecility (those who are mentallydeficient as a result of disease), andsenile dementia (peculiar decay of the mental faculties whereby theperson afflicted is reduced to secondchildhood) do not possess thenecessary mental capacity to make awill;4.
 
an insane delusion which will renderone incapable of making a will maybe defined as a belief in things whichdo not exist, and which no rationalmind would believe to exist;5.
 
if the insane delusion touches tosubject matter of the will,testamentary disposition is void.6.
 
a deaf-mute and blind person canmake a will (i.e. Art. 807-808). Ablind man with a sound and disposingmind can make a holographic will.7.
 
an intoxicated person or personunder the influence of drugs maymake a will as there is no completeloss of understanding.

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