San Beda College of Law
: Vida Bocar, Joyce Vidad
EDP: Alnaiza Hassiman, Dorothy Gayon
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:
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
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
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.
When a contrary intentionexpressly appears in the will
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.
At least 18 years of age
Of sound mind, i.e., the ability toknow:
of the estate to bedisposed of;
of his bounty;and
character of thetestamentary act
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:
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.