This action might not be possible to undo. Are you sure you want to continue?
SUCCESSION CHAPTER 1: GENERAL PROVISIONS SUCCESION - Is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law (Art. 774) KINDS OF SUCCESSION 1. Testamentary – that which results from the designation of an heir, made in a will executed in the form prescribed by law 2. Legal or Intestate – that which takes place by operation of law in the absence of a valid will 3. Mixed – that which is effected partly by will and partly by operation of law KINDS OF HEIRS 1. Compulsory – those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law, of which they cannot be deprived by the testator, except by a valid disinheritance 2. Voluntary or Testamentary – those who are instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator can freely dispose 3. Legal or Intestate – those who succeed to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will
ELEMENTS OF SUCCESSION 1. Decedent 2. Successors a. Heirs – those who are called to the whole or to an aliquot portion of the inheritance either by will or by operation on law b. Devisees or Legatees – persons to whom gifts of real or personal property are respectively given by virtue of a will. 3. Death of the Person – However, a person may be presumed dead for the purpose of opening his succession (see rules on presumptive death). In this case, succession is only of provisional character because there is always the chance that the absentee may be alive. 4. Inheritance – is the subject matter of Succession it includes: • Property and transmissible rights and obligations • Existing at the time of his death • AND those which have accrued thereto since the opening of succession. RIGHTS EXTINGUISHED BY DEATH 1. Support 2. Usufruct 3. Those arising from personal consideration 4. Personal easements 5. Partnership rights 6. Agency QuickTime™ and a decompressor 7. Life Annuity TIFF (Uncompressed) this picture. are needed to see Succession Refers to the legal mode by which inheritance is transmitted to the persons entitled to it. Inheritance Refers to the universality or entirety of the property, rights and obligations of a person who died.
CHAPTER 2: GENERAL PROVISIONS ON WILLS ELEMENTS 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 will 2. Holographic – a handwritten will COMMON REQUISITES BETWEEN THE TWO WILLS: 1. must be in writing and 2. in a language or dialect known to the testator CHARACTERISTICS OF A WILL: 1. Unilateral 2. Strictly Personal act a. Acts which may not be left to the discretion of third persons (Articles 785 AND 787): i. Duration or efficacy of the designation of heirs, devisees or legatees;
—Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Polaris Rivas;
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Determination of the portions which they are to take, when referred to by name; and iii. Determination of whether or not the testamentary disposition is to be operative b. Acts which may be entrusted to third persons (Article 787); i. Distribution of specific property or sums of money that he may leave in general to specified classes or causes; and ii. Designation of the persons, institutions or establishments to which such property or sums are to be given or applied. Free and voluntary act Formal and solemn act Act mortis causa Ambulatory and revocable during the testator’s lifetime Individual act ii. 3. Of sound mind, at the time of its execution; A testator is considered of sound mind if he knows at 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 not affect the will because the validity of a will is determined at the time of the execution of the will. IN FAVOR OF
LEGAL PRESUMPTION SOUNDNESS OF MIND • •
3. 4. 5. 6. 7.
INTERPRETATION OF WILLS 1. Animus Testandi - The testator’s intent (animus testandi), as well as giving effect to such intent is primordial. EXCEPT: when the intention of the testator is contrary to law, morals or public policy. 2. In case of doubt, the interpretation by which the disposition is to be operative or will sustain and uphold the will in all its parts shall be adopted, provided that it can be done consistently with the established rules of law. 3. Ambiguities in Wills – Intrinsic or extrinsic evidence may be used to ascertain the testatorial intent of the testator. EXCEPT: the oral declarations of the testator as to his intentions must be excluded because such testimony would be hearsay. 4. After Acquired Property - Property acquired during the period between the execution of the will and the death of the testator is NOT included among the property disposed of. EXCEPT: When a contrary intention expressly appears on the will. QuickTime™ and a to NOTE: This rule applies decompressor legacies and only TIFF (Uncompressed) are needed to see this picture. devisees and not to institution of heirs TESTAMENTARY CAPACITY 1. All persons who are not expressly prohibited by law 2. 18 years old and above
GENERAL RULE: The law presumes that the testator is of sound mind EXCEPT: a. When the testator, one month or less, before making his will was publicly known to be insane; or b. Was under guardianship at the time of the making of his will. (Torres and Lopez de Bueno vs. Lopez, 48 Phil. 772)
CHAPTER 3: FORMS OF WILL 1. NOTARIAL WILL – a valid notarial will: a. Must be in writing and in a language or dialect known to the testator b. Subscribed at the end by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction c. Attested & subscribed by three or more credible witnesses in the presence of the testator and of one another • Mandatory Part: The signing on every page in the witnesses’ presence • NOTE: Test of presence is not whether they actually saw each other sign, but 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. • Directory Part: The place of the signature, i.e. the left margin; the signature can be affixed anywhere on the page.
Page 84 of 297
Once by one of the subscribing witnesses Page 85 of 297 . act of the hand 2. The fact that the testator signed the will and every page. ii. If the Testator be Blind: The will shall be read to the testator twice i. its contents (Art 807) b. When the will consists of two pages. If the Testator be Deaf or Deaf-Mute: i.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. except the last. if able to do so. are needed to see this picture. and by the instrumental witnesses of the will. Villasor. SUBSCRIPTION Attestation – An act of witnessing execution of will by testator in order to see and take note mentally those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a QuickTime™ and a TIFF (Uncompressed) decompressor fact. It must contain an attestation clause. he shall designate two persons to read it and communicate to him. Each and every page. Testator must personally read the will. on the left margin. act of the senses 2. Found after the attestation clause at the end or last page of the will SUBSCRIPTION 1. ATTESTATION 1. • Directory Part: The pagination in letters on the upper part of each page f. Icasiano vs. e. Each and every page of the will must be numbered correlatively in letters placed on the upper part of each page. mental act 3. 54 SCRA 31. When the will consists of only one page. It must be acknowledged before a notary public by the testator and the witnesses ATTESTATION v. • Mandatory Part: Pagination by means of a conventional system. must be signed by the testator or by the person requested by him to write his name.the notary public cannot be counted as one of the attesting witnesses Subscription .The manual act of instrumental witnesses in affixing their signature to the instrument. Signatures on the left margin on each and every page NOT REQUIRED: i. stating the following: a. ii. or caused some other person to write his name. Otherwise. when the will consists of two or more pages. Icasiano. in the presence of the instrumental witnesses c. Purpose is to render available proof during the probate that such will had been executed in accordance with the formalities prescribed by law 4. Found at the left side margin of every page of the will ADDITIONAL REQUISITES FOR VALIDITY a. II SCRA 422 – the inadvertent failure of one witness to affix his signature to one page of the original will due to the simultaneous lifting of two pages in the course of signing is not per se sufficient to justify denial of probate when the duplicate will shows Cruz v. the first consists of all the testamentary disposition and is signed at the bottom by the testator and the witnesses and the second contains only the attestation clause duly signed at the bottom by the witnesses. in some practicable manner. • The attestation clause need not be written in a language or dialect known to the testator nor to the witnesses since it does not form part of the testamentary disposition 4. Purpose is for identification g. mechanical act 3. under his express direction. The number of pages used upon which the will is written b. In the last page. iii. All the instrumental witnesses witnessed and signed the will and all its pages in the presence of the testator and of one another • The attestation clause need only be signed by the witnesses and not by the testator as it is a declaration made by the witnesses.
Exception: When copy of the will is produced . • EXCEPTION: If the will is contested. CANCELLATION. the will remains valid but the insertion is void. Of sound mind Of the age of 18 years or more Not blind. a lost holographic will cannot be probated. where the last disposition has a signature and a date. • Once by the notary public before whom the will is acknowledged (Art 808) NOTE: Articles 807 and 808 are mandatory. failure to comply with either would result in nullity and denial of probate. (Art 811) QuickTime™ and a NOTE: This(Uncompressed) decompressor only to post article applies TIFF are needed to see this picture. such date validates the dispositions preceding it. then its formal validity is governed either: Page 86 of 297 Gan v. and signed by the hand of the testator himself c. f. Dispositions of the testator written below his signature must be dated and signed by him in order to validate the testamentary dispositions. whatever be the time of prior dispositions • A holographic will is subject to no other form. e. perjury or false testimony CHAPTER 4: LAWS GOVERNING VALIDITY OF A WILL 1. FORMAL VALIDITY a. deaf or dumb Able to read and write Domiciled in the Philippines Have not been convicted of falsification of a document. In writing and in a language or dialect known to the testator b. In the absence of such competent witness and if the court deems it necessary. and the entire will becomes void. c. ERASURE ALTERATION IN A HOLOGRAPHIC WILL OR 2. b. HOLOGRAPHIC WILL – a holographic will is valid if it is: a. who knows the handwriting and signature of the testator c. If the insertion after the execution of the will was with the consent of the testator. and may be made in or out of the Philippines. a. (Art 810) PROBATE OF HOLOGRAPHIC WILL a. Yap. such insertion is considered as not written because the validity of the will cannot be defeated by the malice or caprice of a third person b. expert testimony may be resorted to. then the insertion becomes part of the will. If the insertion made by a third person is made contemporaneous to the execution of the will. If the insertion after the execution is validated by the testator by his signature thereon. • must explicitly declare that the will and the signature are in the handwriting of the testator. There must be at least one witness.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ii. and need not be witnessed. the document itself must be produced. INSERTION. If the testator is a Filipino and the will is executed in the Philippines then its formal validity is governed by the CC of the Philippines b. at least three of such witnesses shall be required (merely directory). c. If made after the execution of the will. d. If the testator is a Filipino and the will is executed in a foreign country. 104 Phil 509 – in the probate of a holographic will. dated. (Art 812) • EXCEPT: In case of dispositions appearing in a holographic will which are signed without being dated. mortem probates and not to ante mortem probates since in such cases the testator himself files the petition and will identify the document himself. Entirely written. because of failure to comply with the requirement that it must be wholly written by the testator d. then the will is void because it is not written entirely by the testator WHO MAY BE A WITNESS TO A WILL – Any person may be a witness provided he is: a. but without the consent of the testator. b.
2. then its formal validity is governed either: i. 3. c. By the CC of the Philippines ii. (669) NOTE: Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines. even though authorized by the laws of the country where they may have been executed. By the execution of a will.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 i. By the law of his own country REQUISITES REFERENCE Intrinsic validity VALIDITY OF JOINT WILLS • Two or more persons cannot make a will jointly. decree of legal separation b. By the CC of the Philippines 2. the document or paper referred to in the will must be in existence at the time of the execution of the will 2. Order of succession Capacity to succeed Amount of successional rights Intrinsic validity (Art 16) BY 1. By the law of the place where the will was made ii. devisee or legatee commits any of the acts of unworthiness 2. It is a supplementary or addition to a will made after the execution of the will and annexed to be taken as a part thereof by which any disposition in the original will may be explained. Through a codicil which may either be notarial or holographic ELEMENTS OF A CODICIL d. If the testator is a foreigner and the will is executed in a foreign country. it must be identified by clear and satisfactory proof as the document or paper referred to therein 4. codicil or other writing executed as provided in case of wills a. testator brings action against debtor d. when heir. and everything is written by the hand of the testator himself b. SUBSTANTIVE VALIDITY ASPECTS OF THE WILL GOVERNED NATIONAL LAW OF THE DECEDENT: a. substantial transformation of specific thing bequeathed e. AMENDMENT OF WILLS 1. then its formal validity is governed either: i. If the testator is a foreigner and the will is executed in the Philippines. preterition c. except in case of voluminous books of account or inventories REVOCATION OF WILLS 1. Notarial – only through a codicil 2. d. Dispositions may be added below the signature. By the law of the country where he resides iv. By operation of law – instances of revocation by operation of law: a. By the law of the place where the will was made By the CC of the Philippines are also dated and signed. it must be signed by the testator and the witnesses on each and every page. REVOCATION AND REPUBLICATION OF WILLS QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. the will must clearly describe and identify the same. 4. By the law of his own country iii. 1. added to or altered FOR INCORPORATION BY c. Holographic – in three ways a. b. PROVIDED that said dispositions Page 87 of 297 . EXPRESS – When there is a revocatory clause expressly revoking the previous will or a part thereof • CHAPTER 5: AMENDMENTMENT. ii. stating among other things the number of pages thereof 3. legacy or credit against third person or remission of debt was provided in will and subsequently. Certain dispositions or additional matter may be suppressed or inserted PROVIDED that said cancellation is signed by the testator and written by the hand of the testator himself c. either for their reciprocal benefit or for the benefit of a third person. or in the same instrument.
the revocation of the second will does not revive the first will. It must appear from the will that the testator is revoking because of the cause which is false. If the revocation takes place outside the Philippines. FACTS DEMONSTRATING ART 837 • In 1985. the only way to republish it is to execute a subsequent will and reproduce it The testator need only execute a subsequent will or codicil referring to the previous will if the testator wishes to republish a will that is either: a. If after making a will. Art. by a testator who is domiciled in the Philippines. tearing. d. even if the new will should become inoperative by reason of the incapacity of the heirs. REQUISITES: a. X executed Will 2. even though the will wherein it was made should be revoked. Laws of the Philippines Revocation done outside the Philippines by a testator who is not domiciled in this country. If the revocation takes place in the Philippines whether the testator is domiciled in the Philippines or not. factual and not purely subjective b. EXCEPTION: Molo v. AND e.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. canceling. or by some other person in his presence. Art. (90 Phil 37). c. devisees or legatees designated therein. a. 834. X executed Will 1 • In 1987. • REPUBLICATION Takes place by an act of the testator Corrects extrinsic and extrinsic defects REVIVAL Takes place by operation of law Restores a revoked will Page 88 of 297 . Intent to revoke (animus revocandi). Completion of the subjective phase. By burning. Void for reason other than a formal defect b. or b. or by their renunciation. expressly revoking Will 1 • In 1990. Molo. (dependant relative subsequent will revocation) REVOCATION BASED ON A FALSE OR ILLEGAL CAUSE • Revocation based on a false or illegal cause is null and void. Actual physical act of destruction. 837. Art. REPUBLICATION AND REVIVAL OF WILLS • If the testator wishes to republish a will that is void as to form. It must be false c. devisees. or legatees instituted in the TIFF (Uncompressed) decompressor are needed to see this picture. Performed by the testator himself or by some other person in his presence and express direction LAWS WHICH GOVERN REVOCATION 1. 832 A revocation made in a subsequent will shall take effect. b. which can be revived only by another will or codicil. Previously revoked 3. Laws of the Philippines 2. revoking Will 1 CONCLUSION ON THE FACTS • The Revocation of Will 2 by Will 3 does not revive Will 1 • This demonstrates the theory of instant revocation because the revocatory effect of the second will is immediate upon the first will • NOTE: This article only applies where the revocation of the first will by the second will is express. a. Laws of the place where the will was made. REQUISITES: a. Testamentary capacity at the time of performing the act of destruction. The testator must not know of its falsity d. a. by the testator himself. Laws of the place in which the testator had his domicile at the time of the revocation. X executed Will 3. and by his express direction. the testator makes a second will expressly revoking the first. IMPLIED – When the provisions thereof are partially or entirely inconsistent with those of the previous wills 3. The cause must be concrete. When the testator provides in the subsequent will that the revocation of the prior one is dependent on the capacity or acceptance of QuickTime™ and a the heirs. or obliterating the will with the intention of revoking it. The recognition of an illegitimate child does not lose its legal effect.
That his consent was not vitiated iii. the probate court may pass upon the intrinsic validity of the will when its probate might become an idle ceremony if on the will’s face it appears to be intrinsically void. Post-Mortem – after the testator’s death 2. on the part of the beneficiary or of some other person. That the will was signed by the required number of witness iv. at the time of its execution. e. or threats. Probate of a will is mandatory c. they are instituted simultaneously and not successively RULES ON A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE KINDS OF PROBATE 1. the designation must be resolved by discerning the testator’s intent.designation of name and surname b. intestacy to that portion results. QuickTime™ and a c.(Art 839) REVOCATION Voluntary act of the testator With or without cause May be partial or total affixing his signature DISALLOWANCE Given by judicial decree Always for a legal cause Always total EXCEPT when the ground of fraud or influence for example affects only certain portions of the will CHAPTER 7: INSTITUTION OF HEIRS INSTITUTION OF HEIR 1. Ante-Mortem – during his lifetime FINAL DECREE OF PROBATE • Once a decree of probate becomes final in accordance with the rules of procedure it becomes Res Judicata • It is conclusive as to the due execution of the will (extrinsic validity only) 2. If it was TIFF (Uncompressed) decompressorforce or under executed through are needed to see this picture. b. A special proceeding required for the purpose of establishing the validity of the will. That the will is genuine EXCEPTION: Nuguid v. Mandatory – identity of the heir must be established. If the testator acted by mistake or did not intend that the instrument should be his will Page 89 of 297 . 2. If the formalities required by law have not been complied with.grounds for disallowance of a will: a. No preterition results from the effect of such will THREE PRINCIPLES IN THE INSTITUTION OF HEIRS 1. DISALLOWANCE OF WILL . Designation in will of person/s to succeed a. otherwise void disposition. 17 SCRA 449. Directory . Equality – heirs who are instituted without a designation of shares inherit in equal parts 2. If the testator was insane. unless his identity becomes certain. Nuguid. f. which include the following: i. b. Will specifically assigns to such person an inchoate share in the estate. or the influence of fear. If the ambiguity cannot be resolved. duress. at the time of thereto. or otherwise mentally incapable of making a will. The person so named has capacity to succeed 4. the person or persons who are to succeed him in his property and transmissible 3. If it was procured by undue and improper pressure and influence. Individuality – heirs collectively instituted are deemed individually named unless a contrary intent is proven 3. No vice of consent is present 6. If the signature of the testator was procured by fraud. The probate court can only inquire into the extrinsic validity of testamentary provisions.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CHAPTER 6: ALLOWANCE AND DISALLOWANCE OF WILLS 1. 3. PROBATE OF A WILL a. rights and obligations REQUISITES FOR A VALID INSTITUTION OF HEIR 1. The will is formally valid 5. That the testator was of sound and disposing mind ii. Simultaneity – when several heirs are instituted. NOTE: If there is ambiguity in the designation. It is an act by virtue of which a testator designates in his will 2. d.
Brief or Compendious – two or more persons may be substituted for one. There must be an omission of one. Each heir’s share shall be proportionally increased: a. RULES ON INSTITUTION OF ALIQUOT SHARE LESS THAN OR IN EXCESS OF THE WHOLE ESTATE: 1. The testator intended the heirs to inherit the whole estate c. However. he must respect restrictions imposed by special laws 2. The omission must be complete and total in character. If there are more than one substitute. the heir institutes an aliquot portion of the estate b. A devise or legacy has been given to the heir b. The institution of heir is annulled 2. Each heir’s share shall be proportionally decreased: a. He can give his estate to any person qualified to inherit under him b. some or all of the heir/s in the will QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Devises and legacies shall remain valid as long as they are not inofficious 3. If one has no compulsory heirs: a. compulsory heir his share in the free is merely restored to his portion not disposed of legitime by way of legacies or devises CHAPTER 8: SUBSTITUTION OF HEIRS CLASSES OF SUBSTITUTION: 1. The omission must be that of a COMPULSORY HEIR 3. die before him (PREDECEASE) b. The omitted compulsory heir must be LIVING at the time of testator’s death or must at least have been CONCEIVED before the testator’s death 5. A donation inter vivos has been previously given to the heir c. and one person for two or more heirs 3. The testator intended the heirs to inherit the whole estate c. Legitimes of compulsory heirs must be respected REQUISITES FOR THE ANNULMENT OF INSTITUTION OF HEIRS: 1. It appears from the face of the will that the testator would not have made the institution had he known the falsity of the cause. the substitute shall acquire the share of the heir who dies. Intestacy Results if a. There are more than one instituted heir b. The aliquot parts of each share exceed the whole inheritance PRETERITION 1. unless it clearly appears that the intention of the testator was otherwise. the institution shall be effectual. should not wish. If the omitted compulsory heir should die before the testator. Anything is left from the inheritance which the heir may get by way of intestacy EFFECTS OF PRETERITION: 1. Page 90 of 297 . : There is no omission if a. 2. Cause must be shown to be false 3. The aliquot parts of each share do not cover the whole inheritance 3. He can give only the disposable portion to strangers b. Vulgar or Simple – the testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should: a. to only one heir If the heir institutes several heirs to an aliquot part of the 2. Compulsory heir omitted must be of the DIRECT LINE 4. There are more than one instituted heir b. If one has compulsory heirs: a.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. or incapacitated. should be incapacitated to accept the inheritance (INCAPACITATED) 2. (RENOUNCE) or c. without prejudice to the right of representation DISTINGUISH PRETERITION FROM DISINHERITANCE PRETERITION DISINHERITANCE Deprivation of a Deprivation of the compulsory heir of his compulsory of his legitime legitime is tacit is express May be voluntary but Always voluntary the law presumes that it is involuntary Law presumes that Done with a legal cause there has been merely an oversight or mistake on the part of the testator Omitted heir gets not If disinheritance is only his legitime but also unlawful. Cause of institution of the heirs must be stated in will 2. renounces. Reciprocal – if heirs instituted in unequal shares should be reciprocally substituted.
CHAPTER 9: CONDITIONAL TESTAMENTARY DISPOSITIONS AND DISPOSITIONS WITH A TERM TESTAMENTARY DISPOSITIONS 1. The fideicommissary substitution is imposed on the free portion of the estate and never on the legitime • NOTE: Pending the transmission of the property. in cases of contravention 2. or a past event unknown to the parties. If testator unaware of fact of fulfillmentdeemed fulfilled b. and interests. 5. Modal Institution – the statement of the institution. If it can be fulfilled again – must be fulfilled again Constructive Compliance a. Potestative Condition – one the fulfillment of which depends purely on heir 8. Condition – future or uncertain event. one who inherits conditionally is not yet an heir. Fideicommissary Substitution . Suspensive term – one that merely suspends the demandability of a right.It is mixed if it depends both partly upon the will of the heir himself and upon chance and/or the will of a third person 7. upon which the performance of an obligation depends 2. CASUAL AND MIXED CONDITIONS 1. the mode obligates but does not suspends (for he who inherits with a mode is already an heir. Term – the day or time when an obligation either becomes demandable or terminates 3. the one to receive the property is the fideicommissary or second heir REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION: 1.) • RULES ON POTESTATIVE. If testator aware thereof – i. consider same only as a suggestion The condition suspends but does not obligate. A fiduciary or first heir instituted entrusted with the obligation to preserve and to transmit to a fideicommissary substitute or second heir the whole or part of the inheritance 2. Mixed Condition . The fiduciary or first heir and the second heir are living at the time of the death of the testator 4. consider the same as mode • When in doubt as to whether there is a mode or merely a suggestion. Disposicion Captatoria – condition that the heir shall make some provision in his will of the testator or of any other person (prohibited because it willTIFF (Uncompressed) decompressor the will a make QuickTime™ and a of the making contractual act) are needed to see this picture. • If ALREADY FULFILLED at the time of execution of the will a. Caucion Muciana – bond or security that should be given in favor of those who would get the property if the condition not be complied with INTERPRETATION • When in doubt whether there is a condition or merely a mode. CASUAL OR MIXED Positive • GENERAL RULE – may be fulfilled at any other time (before testator’s death). POTESTATIVE Positive Potestative Condition: • General Rule – must be fulfilled as soon as the heir learns of the testator’s death • EXCEPTION a. fruits. application of the property left by the testator or the charge imposed on him 4.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 they shall have the same share in the substitution as in the institution 4. the condition was already complied with at the time the heir learns of the testator’s death b. Causal Condition – condition us casual if it depends upon chance and/or upon the will of a third person 6. It is sure to happen 9. If it can no longer be fulfilled again – deemed fulfilled ii. the condition is of such nature that it cannot be fulfilled again Negative Potestative Condition: • Heir must give security to guarantee the return of the value of property. Such substitution must not go beyond one degree from the heir originally instituted 3. unless testator provides otherwise. the fiduciary is entitled to all the rights of a usufructuary although the fideicommissary is entitled to all the rights of a naked owner.if the testator institutes an heir with an obligation to deliver to another the property so inherited. The fideicommissary substitution must be expressly made 5. if casual – not applicable Page 91 of 297 . The heir instituted to such condition is called the first heir or fiduciary heir.
On the offending spouse – disqualified ii. with respect to their legitimate children and descendants QuickTime™ and a 3. Concurring –TIFF (Uncompressed) decompressor together with those who succeed are needed to see this picture. legitimate parents and ascendants Surviving spouse Testator is an Illegitimate Person Legitimate children and descendants Illegitimate parents and ascendants In default of the foregoing. Rule of preference between lines b. incapacity or disinheritance 2. Direct descending line a. if 3rd party not interested – not applicable EFFECTS OF SUSPENSIVE CONDITION OR TERM • The estate shall be placed under administration until 1. Right of representation ad infinitum in case of predecease. until arrival of the term CONDITIONS PROHIBITING MARRIAGE 1. with respect to their legitimate parents and ascendants 2. If dependent partly on chance – not applicable ii. Testamentary dispositions made by the predecessor to the compulsory heir. On the innocent spouse – no effect c. if 3rd party interested – applicable 2.valid 3.Any compulsory heir who was given title less than his legitime may demand that the same be completed (Art 906) EXCEPTIONS: a. If a subsequent marriage is prohibited as imposed by the deceased spouse or by his/her ascendants or descendants . condition is fulfilled 2. the primary or the secondary compulsory heirs • Widow or widower (legitimate) – the surviving spouse referred to is the spouse of the decedent. Legitimate Children or Descendants ½ of the net estate ½ of the net estate CLASSES OF COMPULSORY HEIRS 1. Rule of division by line b. Direct ascending line a. Effect of decree of legal separation: Share of legitimate children and descendants Free portion Page 92 of 297 . • NOTE: a. Mere estrangement is not a ground for the disqualification of the surviving spouse as heir b. illegitimate parents only Surviving spouse i. Death of either spouse during the pendency of a petition for legal separation – dismissal of the case Illegitimate children and descendants (legitimate or illegitimate) • Illegitimate children and descendant GENERAL RULES IN ASCERTAINING LEGITIMES 1.considered not written CHAPTER 10: LEGITIMES • • The portion of the decedent’s estate reserved by law is called the legitime. If dependent partly on will of third party – 1. if a subsequent marriage is prohibited and imposed by anyone else. Testator is a Legitimate Person Legitimate children and descendant In default of the foregoing. until it becomes certain condition will never be fulfilled 3.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. unless the testator provides that it should be considered part of the legitime. SHARES OF COMPULSORY HEIRS 1. If the predecessor gave the compulsory heir a donation inter vivos and provided that it was not charged against the legitime (Art 1062) b. if mixed – i. Rule of equal division 3. If a first marriage is prohibited – condition considered always as not imposed 2. Non-impairment of legitime . Primary – those who have precedence over and exclude other compulsory heirs • Legitimate children and descendants (legitimate). Secondary – those who succeed only in the absence of the primary heirs • Legitimate parents and ascendants (legitimate). The heirs for whom the law reserves such portion are called compulsory heirs. Rule of proximity c.
Legitimate ascendants. Legitimate Parents and Ascendants Share of legitimate parents and ascendants Free portion of the estate 3. 11. Surviving spouse. Legitimate descendant. Surviving spouse Equal to the portion of the legitime of each legitimate child ½ of the share of each legitimate child Whatever remains parents or Surviving spouse. ½ of the net estate Illegitimate children ½ of the net estate Free portion One legitimate child or descendant. Page 93 of 297 Share of legitimate parents ½ of the net estate QuickTime™ and a and ascendants TIFF (Uncompressed) decompressor Illegitimate children are needed to see this picture. Illegitimate children Share of a legitimate child Share of the surviving spouse Free disposable portion 4. surviving spouse ½ of the net estate Portion equal to the legitime of each of the legitimate children or descendant Whatever remains or ascendants. Share of illegitimate children Free portion ½ of the net estate ½ of the estate 13. 2. 4. With surviving spouse.net estate ¼ of the Free portion ¼ of the estate 9. ½ of the net estate ¼ of the free portion ¼ of the estate Illegitimate children. Illegitimate children children and Share of legitimate children and descendants ½ of the net estate . Determination of the amount of the legitime from the total thus found. Surviving spouse. Determination of all debts and charges which are chargeable against the estate. Legitimate parents or ascendants. surviving spouse 1/3 of the net estate 1/3 of the net estate 1/3 of the net estate Share of illegitimate children Share of surviving spouse Free portion 8. ½ of the net estate ¼ of the net estate ¼ of the estate 10. Determination of the gross value of the estate at the time of the death of the testator. Illegitimate children. With illegitimate and legitimate children or descendant. Surviving Share of legitimate children Share of the surviving spouse Free disposable portion 6. Illegitimate children only. Surviving spouse only. Determination of the net value of the estate by deducting all the debts and charged from the gross value of the estate. Collation or addition of the value of all donations inter vivos to the net value of the estate. Legitimate spouse parents 12. Illegitimate children STEPS IN DETERMINING THE LEGITIME OF COMPULSORY HEIRS: 1. 5. ½ of the net estate ½ of the legitime of each legitimate children or ascendant Whatever remains Share of legitimate parents and ascendants Surviving spouse Illegitimate children Free portion ½ of the net estate 1/8 of the estate ¼ of the estate 1/8 of the estate Share of children and descendants Share of each illegitimate children Free portion 5. 3. Illegitimate parents only. legitimate children. Share of illegitimate parents only Free portion Share of illegitimate parents Share of the surviving spouse Free portion ½ of the net estate ½ of the estate ¼ of the net estate ¼ of the estate ½ of the estate Share of legitimate parents or ascendants Share of the surviving spouse Free disposable portion 7.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Exception: Marriage in articulo mortis Surviving spouse only Free portion Surviving spouse only (marriage in articulo mortis) Free portion ½ of the net estate ½ of the estate 1/3 of the net estate 2/3 of the estate Two or more legitimate children or descendant.
the following rules on intestacy have been consistently applied: a. RESERVATARIOS – The relative of the propositus within the 3rg degree and who belong to the line from which the property came and for whose benefit reservation is constituted. They must be related by blood not only to the propositus but also to the originator. 2. by will. Rule of proximity c. Third.” Note: Prepositus can terminate the reserva by: a. By bequeathing or devising it either to the potential reservista or to other third person c. If legitime is impaired. However. First.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 6. 3. To reserve certain properties in favor of certain persons.The reservation by virtue of which an ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant or a brother or sister. not belonging to the line from which the property came that is the only compulsory heir and is obliged to reserve the property. By partitioning it and assigning the property to parties other than the reservista 3. • NOTE: The Civil Code did not provide for the rules on how the reservatarios would succeed to the reservista. Rule of preference between the lines b. an law by ascendant (RESERVISTA) from his descendant (PROPOSITUS) upon the death of the latter. reduce pro rata the preferred legacies and devises c. CHAPTER 11: RESERVA TRONCAL Reserva Troncal . Right of representation – provided that the representative is a relative within the 3rd degree. b. all relationships must be legitimate PERSONAL ELEMENTS 1. and that he belongs to the line from which the reservable property came d. which reservatarios were to get the reserved property PURPOSE OF RESERVA TRONCAL: 1. 4. the following reductions shall be made: a. To maintain a separation between paternal and maternal lines. To prevent person outside a family from acquiring. ORIGINATOR – the ascendant. The so called “ARBITER OF THE FATE OF THE RESERVA TRONCAL. by some chance or accident. either by legitime or intestacy 2. NOTE: Nieva v. PROPOSITUS – The descendant who died and from whose death the reservistas in turn had acquired the property by operation of law. Page 94 of 297 . NOTE: by operation of law is limited to succession. • It constitutes as an exception to both the system of legitime and the order of intestate succession. 104 Phil 479. Second. reduce pro-rata non-preferred legacies and devises. Distribution of the residue of the estate in accordance with the will of the testator. The propositus should have died without any legitimate issue in the direct descending line who could inherit from him. “full blood/double share” rule in Article 1006 NOTE: Gonzales v. The property should haveandbeen acquired by QuickTime™ a TIFF (Uncompressed) decompressor operation ofare needed to see this picture. Substituting or alienating the property b. RESERVISTA – The ascendant. NOTE: gratuitous encompasses transmissions by donation and succession. 7. 3. is obliged to reserve the property form the benefit of relative within the 3rd degree and who belong from the same line from which the property came from. 41 Phil 495. brother or sister from whom the propositus had acquired the property by gratuitous title 2. REQUISITES OF RESERVA TRONCAL 1. The property should have been previously acquired by gratuitous title by the propositus from another ascendant or from a brother or sister (ORIGINATOR). reduce the donations inter vivos according to the inverse order of their dates 8. Imputation of all the value of all donations inter vivos made to compulsory heirs against their legitimes and of the value of all donations inter vivos made to strangers against the disposable free portion and restoration to the hereditary estate if the donation is inofficious. the reservista had no power to appoint. Alcala. property which otherwise would have remained with the said family. and the testamentary dispositions. CFI.
descendant a. 4. the right of ownership is alienable 4. For a cause expressly stated by law.” no particular form In unworthiness. 13. never in the ascending b. Representation 3. Substitution Page 95 of 297 . 6. Confusion or merger of rights 6. 6. 2. As long as there is reconciliation. 5. RIGHT OF THE RESERVISTA OVER THE RESERVABLE PROPERTY 1. Total Fortuitous loss of the reserved property 5. Cause must be expressly state in the will itself. The right of ownership is registrable 2. The death of the Reservista 2. The death of the all the Reservatorios’ 3. Death of Reservista – surviving reservatarios acquire a perfect right. 4.Something happens to the heir HOW VACANCIES ARE FILLED 1. partly by will and partly by operation of law. Only in the descending line. no conviction needed c. Will containing disinheritance must be probated. SAI Even if validly disinherited. Disinheritance . REQUIREMENTS FOR VALID DISINHERITANCE EXTINGUISHMENT OF RESERVA TRONCAL 1. Effect: Heir loses legitime. Death of Propositus – qualified reservatario merely acquire an inchoate right. Incapacity/Predecease .The heir does something 3. Accretion DISINHERITANCE 1. 12. reconciliation does not erase the fact that the heir is unworthy.The testator creates it himself 2. The reservistas own the property subject to the resolutory condition 2. 9. spouse. AND The heir disinherited must be designated in such a manner that there can be no doubt as to his identity. Ineffective disinheritance v. If grounds for disinheritance and unworthiness are common. the disinherited heir can be represented in the legitime. Reserva Maxima Much of the potentially reservable property as possible must be demed included in the part that passes by operation of law Maximizes the scope of reserva Rerserva Minima Every single property in the Prepositus estate must be deemed to pass. The ownership is subject to a resolutory condition 3. 7. in the same proportion that the part given by will bears to the part not so given Minima finds wider acceptance here 10. Cause must be certain and true. 8. Effected only through a valid will. there must a pardon in writing to remove incapacity to inherit. Conviction necessary b. provided none is born subsequently 4. ascendant. 1. it does not have to be in a will. only with respect to nephews and nieces. Unconditional. Counterpart in intestate is unworthiness. Reconciliation – when in “speaking terms again. Renunciation by all Reservatorios. 2. Grounds for Disinheritance Common To All Compulsory Heirs 1. 11. 3. Prescription or adverse possession 1. In the free portion. CHAPTER 12: DISINHERITANCE GROUNDS FOR DISINHERITANCE CAUSES OF VACANCYQuickTime™ and a IN SUCCESSION TIFF (Uncompressed) decompressor are needed to see this picture. In case of spouse. it should be considered to have revoked the inheritance as well as the unworthiness. 5. Heir is being deprived of his legitime. 3. Include both attempted and frustrated.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RIGHT OF THE RESERVATARIOS OVER THE RESERVABLE PROPERTY 1. In collateral line. Only in cases of testate succession. Preterition 7. However. heir can still be validly restored in the legitime by RECONCILIATION. Repudiation . a. Total. However. Attempt on the life of testator. The right of the reservista over the reserved property is one of ownership 2. giving cause for legal separation.
Attempt on life of relatives. 3. No need for conviction. 2. 2. Grounds for Disinheritance Common Ascendant and Spouse (in addition to A. a. Spouse has TIFF (Uncompressed) decompressor given QuickTime™ and a loss of parental cause for are needed to see this picture. not actually imposed. Legal separation instituted but not terminated. there is a need to disinherit 1. Willfully left the children to fend for themselves b. but it must exist. No need for previous conviction b.e. Groundless – court should make a positive finding that the testator has not committed the crime. b. Will – purely personal b. Accusation of a crime with penalty of six years or more. Only refers to abandoned child. authority. it is outside criminal proceeding. Leading a disgraceful life (or dishonest) i. EXCEPT for those enumerated in A. May be spoken or written. false. By word – slander. Will + disinheritance (will making) e. e. Abandonment by parents a. Induced daughters to lead a disgraceful life – also applicable to sons. It means that the act is committed which may be a cause for loss of parental authority over their common children. Attempt on the life of one parent against another parent. Even if parents are not married. Laying hands if not under attempt on life. Ascendant of testator 3. c. reclusion perpetua. 232 of the Family Code 2. 3. 5. Will + amended will + disinheritance (will changing) 4. However. Must prove obligation to give support b. 4. prostitutes. Chismis – not the one referred here. Descendant convicted of crime with civil interdiction. daughter living with a married man. If there is already a decree: i.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. B) • Loss of parental authority 1. No need to prove grounds unless contested by the heir. No actual deprivation. Grounds for Disinheritance Only against spouse – refers to legal spouses only. c. Ground is conclusive ii. d. But. They do not need to be spouses. 2. Found to be groundless. d. 230. Support unjustifiably not given. 231. may be consummated. It is then false. Penalty imposable. Giving cause for legal separation a. Vices of consent. offensive language. d. Parent v. Induce testator to make/change the will. a. d. drug dealers. As long as the heir can prove that there is an attempt. legally married to each other 1. 4. Abdication of parental duties. Made by the heir in a proceeding as a complainant or witness in a criminal case. c. parent b. it is still a ground. drug addict. estafadora. the testator must be a common child. By deed – no need for violence. Maltreatment of testator a. Reclusion temporal. a. b. b. Ground for Disinheritance Ascendants (Parents) Only against 1. Prove infidelity if cause is contested c. 2. not actually imposed. Commission of crime which carries with it the penalty of civil interdiction a.. It does not punish the result but the interference in the making/changing of the will. Reason must be unjustifiable Grounds for Disinheritance Common between Ascendants and Descendants • Adultery and Concubinage – with the spouse of the testator It must be the heir who committed such liaison With the legal spouse of the testator Not necessarily incestuous Applicable to both legitimate and illegitimate descendant Grounds for Descendant Disinheritance Only against 1. Causes: Arts. a. c. 3. There are no common grounds between spouse and descendants. insult. OK e. Necessarily imposable. libel. Spouses: mutual obligation to give support c. something which caused the testator to be humiliated. Page 96 of 297 . d.
Common children of the testator and the spouse c. determinate thing which forms a part of the 6. there is a presumption that such legacy or devise constitutes a charge against the decedent’s estate Since legacies and devises are to be taken from the disposable free portion of the estate. Legacies for Education 5. Reconciliation 2. f. compulsory heir given all that he is entitled to receive as if the disinheritance has not been made. Devisees. legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime IMPERFECT DISINHERITANCE Person disinherited may be any compulsory heir Always express Always intentional Effect: partial annulment of institution of heirs PRETERITION The person omitted must be a compulsory heir in the direct line Always implied May be intentional or unintentional Effect: total annulment of institution of heirs • ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL LEGACIES AND DEVICES 1. by any title or for any cause. Subsequent institution of the disinherited heir 3. Spouse refuses to give support to the child d. Offended the testator b. does not affect the dispositions of the testator with respect to the free portion 2. Page 97 of 297 . the heir continues to be incapacitated to succeed unless the testator pardoned him under Art. estate 7. If the testator transform the thing bequeathed or devised in such a manner that it does not retain its form and denomination 2. All others. 3. Legacies or devises declared by the testator to be preferential 3. Nullity of the will which contains the disinheritance • NOTE: Where the ground for disinheritance is also a ground for unworthiness to succeed. 4. Refusal of the other spouse causes damage to the other. or after his death without the heir’s fault REVOCATION OF DISINHERITANCE 1. If the testator did not dispose of the free portion. Support – refusal to give support to the children a. If the will is silent as to who shall pay or deliver the legacy/devise. alienates the thing bequeathed or devised or any part thereof 3. annulment of the testamentary disposition only in so far as they prejudice the legitime of the person disinherited. Legacies for Support 4. Legacies or devises of a specific. Remuneratory legacies or devises 2. what QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. (testator) IMPERFECT DISINHERITANCE Imperfect Disinheritance . If the testator. Voluntary heir. 2. the disinheritance becomes ineffective 2. Estate. iii. See 10 causes under the Family Code. Parents share in support of their common children. the provisions on institution of heirs are generally applicable to them EFFECTS OF IMPERFECT DISINHERITANCE 1. Legatee or devisee. CHAPTER 13: LEGACIES AND DEVICES PERSONS CHARGED WITH LEGACIES AND DEVICES: 1. 2.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effects: Guilty spouse is not entitled to inherit. pro-rata WHEN LEGACY/DEVISE CAN BE REVOKED BY OPERATION OF LAW 1. If disinheritance has been made: Rule on reconciliation applies. is the effect of a subsequent reconciliation upon the heir’s capacity to succeed? 1.Disinheritance which does not have one or more of the essential requisites for its validity. • Compulsory heir. If the thing bequeathed or devised is totally lost during the lifetime of the testator. 1033. without prejudice to lawful dispositions made by the testator in favor of others 3. If disinheritance has not been made: The rule on reconciliation does not apply. If the testator had made disposition of the entire estate.
or any part thereof. i. If the Institution fails. (Uncompressed) decompressor TIFF f. Incapacity of Unworthiness 3. 2. In the absence of applicable valid will a. Substitution occurs. Expiration of term or period of institution BASIC PRINCIPLES IN INTESTATE SUCCESSION 1. follow the I. NOTE: In all cases where there has been an institution of heirs. CA. . b. the rule of Intestate succession shall take over. Spouse . When will loses its validity. Descending line is always preferred over ascending and collateral lines. sale of the thing to pay the debts of the deceased during the settlement of his estate. If the legacy is a credit against a third person or the remission of a debt. Predecease 2. he can represent the person whose inheritance he has Page 98 of 297 renounced. Preterition are needed to see this picture. purely personal c. Institution subject to conditions i. which could result to unequal shares when there is only one grandparent in the maternal line while both grandparents survived in the paternal side. Repudiation (one or all) c. Will not probated.R. Other Causes: nullity of the will. or after his death without the heirs fault. Descending line – difference in class in the cases of legitimate or illegitimate filiation. Adoptive relation – adopter/adopted.S.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. it being understood that in the latter case the legacy or devise shall be without only with respect to the part alienated EXCEPT: when the thing should again belong to the testator after alienation. Except: a. Revocation. Disinheritance • NOTE: In case of repudiation. Incapacity d. State – in the event no heir can inherit. Testator transforms the thing bequeathed in such a manner it does not retain either the form or the denomination it had. Ineffective disinheritance (a portion) b. and the testator. The nearer excludes the farther (rule of proximity) – the relative nearest in degree exclude the farther one. 3. Disinheritance e. If there is no substitute. The thing bequeathed is totally lost during the lifetime of the testator. Direct line is always preferred over collateral 4. noncompliance with suspensive conditions affecting the bequests. 4. 6. Ascending line – the shares are divided equally between maternal and paternal lines. QuickTime™ and a e. In the absence of qualified heirs a. accretion takes place. The testator by any title or for any cause alienates the thing bequeathed. REPRESENTATION Representation Occurs: Instances when VALIDITY AND EFFECT OF LEGACY/DEVISE Please Refer to Succession Table 1 GROUNDS FOR REVOCATION OF LEGACIES OR DEVISES 1. Sayson v. Testator did not make any will. 2. 3. CHAPTER 14: GENERAL PROVISIONS ON LEGAL OR INTESTATE SUCCESSION CAUSES OF GENERAL INTESTATE SUCCESSION IN 1. If there is no substitute. order of Justice Paras. stranger in the family b. The right of Accretion applies to the free portion when the requisites in Article 1016 are present. subsequent to the making of the will brings an action against such debtor for payment iii. Resolutory condition happens. although a renouncer cannot be represented. incapacity or disinheritance. 2. In case of paternal/maternal lines ii. right of Representation applies in the direct descending line to the legitime of the vacancy is caused by predecease. Annulment of institution of heirs. Ascending line is always preferred over collateral 5.I. Rule of equal division– – the relatives who are in the same degree shall inherit in equal shares same class Exception: a.not related by blood. Suspensive condition did not happen ii. Intestate heirs always related by blood. 1. d. Collateral – half or full blood b. 205 SCRA 324. c. and the right of representation or accretion does not apply. fiction by law created by adoption.A.
If the child to be represented is illegitimate – both legitimate and illegitimate children/descendants can represent him. 2. 2. NOTE: If all the brothers and sisters are disqualified. Representation does not exist in the ascending line. becomes incapacitated. the rationale why an adopted child can neither represent or be represented is because the legal relationship created by the adoption is strictly between the adopter and the adopted Page 99 of 297 . 4. Predecease. 6. The representative himself must have capacity to succeed the decedent 2. 5. b. Is a compulsory heir. REPRESENTATION OF ADOPTED CHILDREN ILLEGITIMATE OR • CHAPTER 15: ORDER OF INTESTATE SUCCESSION INTESTATE HEIRS 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 IN WHAT KINDS OF REPRESENTATION OPERATES SUCCESSION QUALIFICATIONS TO REPRESENT 1. The representative need not be qualified to succeed the person represented. Factual Situation If all the children are disqualified If all the brothers /sisters are disqualified Division All grandchildren still inherit per stirpes Nephews and nieces inherit per capita THE SUCCESSIONAL BARRIER • An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother. or becomes incapacitated or be disinherited by B. Legitimate Children/Descendants Illegitimate Children/Descendants Legitimate Parents/ Ascendants Illegitimate Parents Surviving Spouse Brothers. 2. (Art 992) The Barrier rule only applies if there is a legitimate and illegitimate relation. it takes place only in favor of the children of brother or sisters (nieces and nephews of the decedent. If the child to TIFF (Uncompressed) decompressor be represented is legitimate – only are needed to see this picture. Nieces Other Collaterals – to the 5th degree State QuickTime™ and a 1. In the collateral line. 7. not grand-nieces or grand-nephews). nor shall such children or relatives inherit in the same manner from the illegitimate child. C cannot inherit from B if A predeceases.in the direct descending line only. Del Val. Nephews. 1. In the direct descending line. 2. An adopted child can neither represent nor be represented RULES OF EXCLUSION AND CONCURRENCE Please Refer to Succession Table 2 Teotica v. 5. Legitimes • The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heir with respect to the legitime (Art 923) • And only when the heir to be represented: a. Intestate succession • Representation occurs in all intestate estate. No right of representation if the heir to be represented is a voluntary heir. Example: A is the legitimate son of B. Intestacy: a. All legal heirs may be represented when proper. the nephews and nieces shall inherit per capita. HOW REPRESENTATION OPERATES Division shall be made PER STIRPES. C is the illegitimate son of A. legitimate children and descendants can represent him. (It is not proper only when the heir to be represented repudiated his share in the inheritance) IN WHAT OBTAIN LINES DOES REPRESENTATION 1. or was disinherited by the testator. the father cannot represent the son in the inheritance from the grandfather. c. 3. 2. 13 SCRA 406. Legitime . b. Sisters. Hence.
CAPACITY TO SUCCEED The following are capable of succeeding: 1. Two or more persons are called to the same inheritance. the other co-compulsory heir inherits the repudiated share in their own right and not through accretion. Not necessarily equal. Organizations or associations which possess juridical personality CHAPTER 16: PROVISIONS COMMON TO INTESTATE AND INTESTATE SUCCESSION RIGHT TO ACCRETION 1. In cases of legacy or devise. or motu proprio. Repudiation d. because substitutes are instituted by the testator. Non-fulfillment of suspensive condition imposed upon instituted heir e. Juridical Persons a. 3. Real property – where situated b. hence. • NOTE: The heir to whom the portion goes by the right of accretion takes it in the same proportion that they inherit 2. it is okay to earmark parts of the free portion as long as no specific property has been designated. For the benefit of public educational and charitable institutions in the respective municipalities/cities b. express will prevails over presumed will. If the cause of the vacancy is PID. Alternatively. Incapacity of legal heir (only when representation does not apply) c. pro QuickTime™ and a indiviso (aliquot share) sed) decompressor TIFF (Uncompres are needed to see this picture. NOTE: It is enough that the heir. Personal property – to the municipality of last residence ii. Page 100 of 297 . or to the same portion thereof. c. Ineffective testamentary disposition 2. at the instance of an interested party. predecease or incapacity of one (or more but less than all) of the instituted heirs. In Testamentary Succession a. Repudiation by a legal heir ELEMENTS OF ACCRETION IN TESTAMENTARY SUCCESSION 1. representation will occur. How Property is to be Used a. 2. 2. Once a certain specific part of the free portion has already been specifically earmarked. a. the court may order the permanent trust for the benefit of the institutions concerned d. Predecease b. If decedent was never a resident of the Philippines i. Accretion is subordinate to substitution. Assignment and Disposition of Assets a. devisee or legatee be already conceived in accordance with Arts 40 and 41. • NOTE: if there is neither accretion nor substitution in testamentary succession. If institution subject to a suspensive term – must be alive only at the moment of decedent’s death. If institution subject to a suspensive condition – successor must be living both when decedent dies and when the condition happens c. as long as there is no specific designation of the specific share of each legacy or devise. Personal and real property – where respectfully situated 2. b. Renunciation. The one that the heir gets from accretion can be renounced separate from the inheritance attributed to the heir who will renounced the accrued inheritance. Incapacity c. the part left vacant will lapse into testacy 4. b. But. to be considered living. Accretion in testate succession only takes place in the free portion. In Intestate Succession a. Natural Persons a. FUNDAMENTAL PRINCIPLES IN ACCRETION 1. No accretion in the legitime because when the compulsory heir repudiates his legitime. General Rule – must be living when succession opens. Accretion also takes place in cases of devisees and legatees and usufructuaries under the same conditions established for heirs. Predecease of a legal heir (only when representation does not apply) b. if decedent is a resident of the Philippines at any time i. there is no accretion and there is no express provision on accretion.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 WHEN DECEDENT HAS NO HEIRS 1. successor need not be alive when the term alives.
or institution to which such priest or minister may belong c. Public Document b. When heir sells. Private Writing 2. 673. b. Those made between persons found guilty of the same criminal offense. Individuals. conceals. donates. even though made under the guise of an onerous contract. h. c. Tacit Acceptance a. associations. 3. or who supplants. g.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 WHO ARE INCAPABLE OF SUCCEEDING 1. health officer or druggist who took care of the testator during his last illness f. 674a) • NOTE: The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will. even if the testator should die after the approval thereof. Guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved. violence. by reason of his office. Persons not incapacitated by law may succeed by will or ab intestato. Heir demands partition of the inheritance Page 101 of 297 . or ascendants. Priest who heard the confession of the testator during his last illness. nurse. 4. his or of TIFF (Uncompressed) decompressor are needed to see this picture. When renunciation is in favor of all heirs indiscriminately for consideration d. community. and corporations not permitted by law to inherit 2. sister. having known of them subsequently. f. Any person who falsifies or forges a supposed will of the decedent. Physician. The capacity to succeed is governed by the law of the nation of the decedent. Other acts of tacit acceptance: i. b. spouse. 2. Any heir of full age who. unless the authorities have already taken action. Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more. Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life. (755) ACCEPTANCE OF INHERITANCE – Two kinds: 1. descendant. having knowledge of the violent death of the testator. EXCEPT if the guardian is his ascendant. in consideration thereof. this prohibition shall not apply to cases wherein. Attesting witness to execution of will. shall be void. c.). Those Prohibited under Art 1027 a. surgeon. according to law. or the minister of the gospel who extended spiritual aid to him during the same period b. When heir renounces it for the benefit of one or more heirs. Express a. should fail to report it to an officer of the law within a month. there is no obligation to make an accusation. or made through an intermediary. brother. or spouse d. Those made between persons who were guilty of adultery or concubinage at the time of the donation. Any person who by fraud. or from revoking one already made. (757a) ADDITIONAL NOTES 1. or if. or undue influence should cause the testator to make a will or to change one already made. he should condone them in writing. or alters the latter's will. If the heir excluded from the inheritance by reason of incapacity is a compulsory heir. (756. a. or attempted against their virtue. chapter. Any person who has been convicted of an QuickTime™ attempt against the life and athe testator. Any person convicted of adultery or concubinage with the spouse of the testator. The following are incapable of succeeding by reason of unworthiness: a. Those prohibited under Art 739 from giving and receiving donation from each other. b. e. 3. children or any one claiming under such witness. their spouses. c. descendants. if the accusation has been found groundless. descedants and ascendants. and if such compulsory heir has children or descendant. intimidation. organization. Any person who by the same means prevents another from making a will. her spouse. order. A testamentary provision in favor of a disqualified person. parents or children e. parents. or assigns his right. d. the latter shall acquire the incapacitated heir’s right to the legitime (by representation. the church. Relatives of such priest or minister of the gospel within the 4th degree. Those made to a public officer or his wife.
If specific heir – whether or not renouncing heir receives anything. so long as they do not exceed 1/10 of the disposable portion OPERATIONS RELATED TO COLLATION 1. Free and Voluntary Act 2. but which the law considers as an advance from the inheritance. 3. In favor of all co-heirs but in proportion different from those they would receive by accretion: considered as tacit acceptance. iii. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. a. Collation – adding to the mass of the hereditary estate the value of the donation or gratuitous disposition 2. 3.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ii. without knowledge of being a testate heir. b. If onerously: • There is no repudiation • Transfer considered to be with consideration • There are also tax implications because there are two transfers. or by a petition presented to the court having jurisdiction over the testamentary or intestate proceedings. Imputing or Charging – crediting the donation as an advance on the legitime (if the donee is a Page 102 of 297 . If gratuitous in favor of one or some of his co-heirs – deemed conveyance in favor of the co-heirs specified. vocational. accretion takes place. CHARACTERISTICS OF REPUDIATION 1. PROPERTIES OR RIGHTS COMPULSORY HEIR NOT COLLATION RECEIVED SUBJECT BY TO 1. ordinary equipment or customary gifts 5. Property which may have been donated by an ascendant of the compulsory heir 3. There are two transfers. except in cases vitiating consent. Heir repudiating must be certain of two things before repudiating: a. If gratuitous – i. clothing and outfit. so that a division may be effected according to law and the will of the testator. apprenticeship. Who may repudiate? Any person having the free disposal of his property. in fact or by fiction. If an heir is both a testate and legal heir. the latter may petition the court to authorize them to accept it in the name of the heir. Wedding gifts consisting of jewelry. he may still accept the inheritance as a legal heir. • NOTES: If renounced in favor of other heirs. Retroactive REQUISITES FOR A VALID REPUDIATION 1. repudiation of the inheritance as a testate heir. In favor of all his co heirs indiscriminately . b. or other career 6. How is repudiation made? The repudiation of the inheritance shall be made in a public or authentic instrument. c. If the heir repudiates the inheritance to the prejudice of his own creditors. should he repudiate as a legal heir. the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him. education. Right to the inheritance. ii. 2. failure to signify acceptance or repudiation within 30 days after an order of distribution by the probate court. iii. given by parents or ascendants.there is repudiation because heir deemed to have not accepted. However. Expenses incurred by parents in giving their children a professional. considered as acceptance on the part of the heir. Irrevocable once made and cannot be impugned. To collate – is to bring back or to return to the hereditary mass. property which came from the estate of the decedent. he is understood to have repudiated in both capacities. Death of the person from whom he is to inherit. during his lifetime. b. Property left by will 2. Property donated to the spouse of the compulsory heir 4. medical attendance even in extraordinary illness. does it mean acceptance? It depends: a. Expenses for support. COLLATION Collation – is the act by virtue of which. hence there is acceptance. Heir alienates some objects of the inheritance Under Article 1057. Hence.
When the compulsory heir should have repudiated his inheritance fixed by law or given under the will to heirs or successors. and b. Heir themselves. Compulsory heir. 3. PERSONS OBLIGATED TO COLLATE • • GENERAL RULE: compulsory heirs EXCEPT: a. When the co-heirs Agreed that the estate shall not be divided for a period not exceeding 10 QuickTime™ and a years. Restitution – return or payment of the excess to the mass of hereditary estate. 2. 2. 2. Any person who has acquired interest in the estate WHEN PARTITION CANNOT BE DEMANDED (PAPU) 1. 4. share of true heir is allotted to mistaken heir – partition shall not be rescinded unless there is bad faith or fraud on the part of the other persons interested. Competent court. Between a true heir and several mistaken heirs – Partition is VOID 2. 3rd person designated by the decedent WHO CAN DEMAND PARTITION 1. 3. • NOTE: Partition Inter Vivos – it is one that merely allocates specific items or pieces of property on the basis of the pro-indiviso shares Page 103 of 297 . When Prohibited by law. Voluntary heir Legatee or devisee. When to partition the estate would render it Unserviceable for the use for which it is intended. Reduction – determining to what extent the donation will remain and to what extent it is excessive or inofficious 4. are needed to see this picture. When the testator should have so expressly provided. 3.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 compulsory heir) or on the free portion (if the donee is a stranger) 3. but the latter shall be proportionately obliged to pay the true heir of his share • CHAPTER 17 : PARTITION AND DISTRIBUTION OF ESTATE NOTE: Partition with respect to the mistaken heir is VOID. Between several true heirs and a mistaken heir – transmission to mistaken heir is VOID 3. renewable(Uncompressed) decompressor TIFF for another 10 years. EFFECTS OF INCLUSION OF INTRUDER IN PARTITION 1. 4. When expressly Prohibited by the testator himself for a period not exceeding 20 years. Through error or mistake. IMPORTANT PERIODS TO REMEMBER Please Refer to Succession Table 4 WHO MAY PARTITION 1. Decedent himself during his lifetime by an act inter vivos or by will.