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A
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2007
Civil Law
SUMMER REVIEWER
 
 —Adviser:
Dean Cynthia del Castillo
Head:
Joy Ponsaran, Eleanor Mateo
; Understudy:
Joy Tajan, John Paul Lim;
Subject Head:
Polaris Rivas
;
SUCCESSIONCHAPTER 1: GENERAL PROVISIONSELEMENTS OF SUCCESSION
1.
Decedent
2.
Successors
a. Heirs – those who are called to the whole orto an aliquot portion of the inheritance eitherby will or by operation on lawb. Devisees or Legatees – persons to whomgifts of real or personal property arerespectively given by virtue of a will.3.
Death of the Person
– However, a person maybe presumed dead for the purpose of opening hissuccession (
see rules on presumptive death 
). Inthis case, succession is only of provisionalcharacter because there is always the chancethat the absentee may be alive.4.
Inheritance
– is the subject matter of Successionit includes:
•
Property and
transmissible
rights andobligations
•
Existing at the
time of his death
 
•
AND those which have
accrued
theretosince the opening of succession.
RIGHTS EXTINGUISHED BY DEATH
1. Support2. Usufruct3. Those arising from personal consideration4. Personal easements5. Partnership rights6. Agency7. Life Annuity
Succession Inheritance
Refers to the legal
mode
by whichinheritance istransmitted to thepersons entitled to it.Refers to the
universality
or entiretyof the property, rightsand obligations of aperson who died.
KINDS OF SUCCESSION
1.
Testamentary
– that which results from thedesignation of an heir, made in a will executed inthe form prescribed by law2.
Legal or Intestate
– that which takes place byoperation of law in the absence of a valid will
SUCCESION
- Is a mode of acquisition byvirtue of which the property, rights andobligations to the extent of the value of theinheritance, of a person are transmittedthrough his death to another or others eitherby his will or by operation of law (Art. 774)
 
3.
Mixed
– that which is effected partly by will andpartly by operation of law
KINDS OF HEIRS
1.
Compulsory
– those who succeed by force oflaw to some portion of the inheritance, in anamount predetermined by law, of which theycannot be deprived by the testator, except by avalid disinheritance2.
Voluntary or Testamentary
– those who areinstituted by the testator in his will, to succeed tothe portion of the inheritance of which the testatorcan freely dispose3.
Legal or Intestate
– those who succeed to theestate of the decedent who dies without a validwill, or to the portion of such estate not disposedof by will
CHAPTER 2: GENERAL PROVISIONS ON WILLSELEMENTS OF A WILL
1. It is an act;2. whereby a person is
permitted 
;3. with the
formalities 
prescribed by law;4. to
control 
to a certain degree;5. the
disposition 
of his estate;6. to take effect
after 
his death.
KINDS OF WILLS:
1. Notarial – an ordinary or attested will2. Holographic – a handwritten will
COMMON REQUISITES BETWEEN THE TWOWILLS:
1. must be in writing and2. in a language or dialect known to the testator
CHARACTERISTICS OF A WILL:
1. Unilateral2. Strictly Personal acta. Acts which may not be left to the discretion ofthird persons (Articles 785 AND 787):i. Duration or efficacy of the designation ofheirs, devisees or legatees;
 
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Civil Law Summer Reviewer
 
A
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C
ENTRAL
B
AR
O
PERATIONS
2007
 
Page 84 of 297
 
ii. Determination of the portions which theyare to take, when referred to by name;andiii. Determination of whether or not thetestamentary disposition is to beoperativeb. Acts which may be entrusted to third persons(Article 787);i. Distribution of specific property or sumsof money that he may leave in general tospecified classes or causes; andii. Designation of the persons, institutions orestablishments to which such property orsums are to be given or applied.3. Free and voluntary act4. Formal and solemn act5. Act mortis causa6. Ambulatory and revocable during the testator’slifetime7. Individual act
INTERPRETATION OF WILLS
1.
Animus Testandi
- The testator’s intent (
animus testandi),
as well as giving effect to such intent isprimordial.
EXCEPT
: when the intention of thetestator is contrary to law, morals or public policy.2. In case of doubt, the interpretation by which thedisposition is to be operative or will sustain anduphold the will in all its parts shall be adopted,provided that it can be done consistently with theestablished rules of law.3.
Ambiguities in Wills
– Intrinsic or extrinsicevidence may be used to ascertain the testatorialintent of the testator.
EXCEPT:
the oraldeclarations of the testator as to his intentionsmust be excluded because such testimony wouldbe hearsay.
4.
After Acquired Property
- Property acquiredduring the period between the execution of thewill and the death of the testator is
NOT
includedamong the property disposed of.
EXCEPT:
Whena contrary intention expressly appears on the will.
NOTE:
This rule applies only to legacies and devisees and not to institution of heirs 
TESTAMENTARY CAPACITY
1. All persons who are not expressly prohibited bylaw2. 18 years old and above3. Of sound mind, at the time of its execution; Atestator is considered of sound mind if he knowsat the time of making of the will the following:
a.
Nature 
of the estate to be disposed of
b.
Proper
objects 
 
of his bounty
c.
Character 
of the testamentary act
•
Supervening capacity or incapacity does notaffect the will because the validity of a will isdetermined at the time of the execution of thewill.
 LEGAL PRESUMPTION IN FAVOR OFSOUNDNESS OF MIND
•
 
GENERAL RULE:
The
 
law presumes that thetestator is of sound mind
 
•
 
EXCEPT:
 a. When the testator, one month or less, beforemaking his will was publicly known to beinsane; orb. Was under guardianship at the time of themaking of his will.
(Torres and Lopez de Bueno vs. Lopez, 48 Phil. 772)
 
CHAPTER 3: FORMS OF WILL1. NOTARIAL WILL –
a valid notarial will:a. Must be in writing and in a language ordialect known to the testatorb. Subscribed at the end by the testator himselfor by the testator’s name written by someother person in his presence, and by hisexpress directionc. Attested & subscribed by three or morecredible witnesses in the presence of thetestator and of one another
•
 
Mandatory Part:
The signing on everypage in the witnesses’ presence
•
 
NOTE:
Test of presence is
 
not whetherthey actually saw each other sign, butwhether they might have seen each othersign had they chosen to do soconsidering their mental and physicalcondition and position with relation toeach other at the moment of inscriptionof each signature.
•
 
Directory Part:
The
 
place of
 
thesignature, i.e. the left margin; thesignature can be affixed anywhere on thepage.
 
 
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Civil Law Summer Reviewer
 
A
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2007
 
Page 85 of 297
 
d. Each and every page, except the last, must besigned by the testator or by the person requestedby him to write his name, and by the instrumentalwitnesses of the will, on the left margin.Signatures on the left margin on each and everypage
NOT REQUIRED
:i. In the last page, when the will consists of twoor more pages;ii. When the will consists of only one page;iii. When the will consists of two pages, the firstconsists of all the testamentary dispositionand is signed at the bottom by the testatorand the witnesses and the second containsonly the attestation clause duly signed at thebottom by the witnesses.e. Each and every page of the will must benumbered correlatively in letters placed on theupper part of each page.
•
 
Mandatory Part:
Pagination by means of aconventional system.
•
 
Directory Part:
The
 
pagination in
letters on the upper part 
of each pagef. It must contain an attestation clause, stating thefollowing:a. The number of pages used upon which thewill is writtenb. The fact that the testator signed the will andevery page, or caused some other person towrite his name, under his express direction,in the presence of the instrumental witnessesc. All the instrumental witnesses witnessed andsigned the will and all its pages in thepresence of the testator and of one anotherg. It must be acknowledged before a notary publicby the testator and the witnesses
ATTESTATION v. SUBSCRIPTION
•
The attestation clause need not be written ina language or dialect known to the testatornor to the witnesses since it does not formpart of the testamentary disposition
•
The attestation clause need only be signedby the witnesses and not by the testator as itis a declaration made by the witnesses.
ADDITIONAL REQUISITES FOR VALIDITY
a.
If the Testator be Deaf or Deaf-Mute:
i. Testator must personally read the will, ifable to do so;ii. Otherwise, he shall designate twopersons to read it and communicate tohim, in some practicable manner, itscontents (Art 807)b.
If the Testator be Blind:
The will shall be readto the testator twice -i. Once by one of the subscribingwitnesses
ATTESTATION SUBSCRIPTION
1. act of the senses 1. act of the hand2. mental act 2. mechanical act3. Purpose is to renderavailable proof during theprobate that such will hadbeen executed inaccordance with theformalities prescribed bylaw3. Purpose is foridentification4. Found after theattestation clause at theend or last page of the will4. Found at the left sidemargin of every page ofthe will
Icasiano vs. Icasiano, II SCRA 422 
–theinadvertent failure of one witness to affix hissignature to one page of the original will due tothe simultaneous lifting of two pages in thecourse of signing is not per se sufficient to justify denial of probate when the duplicate willshows
Cruz v. Villasor, 54 SCRA 31- 
the notarypublic cannot be counted as one of the attestingwitnesses
 
Subscription -
The manual act of instrumentalwitnesses in affixing their signature to theinstrument.
 Attestation
– An
 
act of witnessing execution ofwill by testator in order to see and take notementally those things are done which thestatute requires for the execution of a will andthat the signature of the testator exists as afact.
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07 / 25 / 2010This doucment made it onto the Rising List!
Al -Rasheed

I submit, hindi ka lng mabait! Maganda pa! Thnx so much for sharing your notes.

reply02 / 23 / 2010
migay_pelaez

np.thank you rin po. hope nkatulong. =)

02 / 26 / 2010
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