San Beda Succession

San Beda College of Law
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MEMORY AID
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CIVIL LAW
SUCCESSION
SUCCESSION 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: . !estamentary or !estacy (by will)" #. $egal or intestacy (by operation of law based on the decedent%s presumed will)" &. 'ixed ((artly !estamentary and $egal)" and 4. (artition inter vivos (to a certain degree). Elements: . )*+*)*,! (sub-ective element) #. ./++*..01. (sub-ective element) a. 2eirs 3 those who are called to the whole or to an aliquot portion of the inheritance either by will or by operation of law ) 4oluntary 5 those instituted by the testator in his will, to succeed to the inheritance or the portion thereof of which the testator can freely dispose. #) +ompulsory or 6orced 5 those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law, 7nown as the legitime. &) $egal or 8ntestate 5 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. b. )evisees or legatees 3 persons to whom gifts of real or personal property are respectively given by virtue of a will NOTE: !he distinctions between heirs and devisees9legatees are significant in these cases: . (reterition (pretermission) #. 8mperfect disinheritance &. After3acquired properties 4. Acceptance or non3 repudiation of the successional rights. &. )*A!2 06 !2* )*+*)*,! (casual element) 'oment when rights to succeed are transmitted (Art 777) 2owever, a person may be ;presumed< dead for the purpose of opening his succession (see rules on presumptive death). 8n this case, succession is only of provisional character because there is always the chance that the absentee may still be alive. 4. 8nheritance (ob-ective element)" NOTE: =hatever may be the time when actual transmission ta7es place, succession ta7es place in any event at the moment of the decedent%s death. (Lorenzo vs. Posadas 64 Phil 353) SUCCESSION
1efers to the legal mode by which inheritance is transmitted to the persons entitled to it
INHERITANCE
1efers to the universality or entirety of the property, rights and obligations of a person who died
Inheritance includes: . (10(*1!>, 18?2!. A,) 0@$8?A!80,. NO !" #N$%#&'!( @> )*A!2 General rules on rights and obligations extinguished b his death a) 1ights which are purel) personal are by their nature and purpose intrans*issi+le for they are e,tinguished +) death (e.g. those relating to civil
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnai a Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

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MEMORY AID
personality, family rights, discharge of office). b) 1ights which are patri*onial or relating to property are generally part of inheritance as they are not e,tinguished +) death. c) -ights of o+ligations are by nature trans*issi+le and may constitute part of inheritance both with respect to the rights of the creditor and as regards to the obligations of the debtor. #. A$$ =28+2 2A4* .//-%!( !2*1*!0 .8,+* !2* 0(*,8,? 06 ./++*..80, (.rticle 012 /ivil /ode)
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determination of the portions which they are to ta7e, when referred to by name" and determination of whether or not the testamentary disposition is to be operative. NOTE: 2owever, the following acts 'A> be entrusted to a third person: ( .rticle 016 /ivil /ode) a. distribution of specific property or sums of money that he may leave in general to specified classes or causes" and b. designation of the persons, institutions or establishments to which such property or sums are to be given or applied. &. 61** A,) 40$/,!A1> A+! 5 Any vice affecting the testamentary freedom can cause the disallowance of the will. 4. 601'A$ A,) .0$*', A+! 5 !he formalities are essential for the validity of the will. B. A+! '01!8. +A/.A C. A'@/$A!01> A,) 1*40+A@$* )/18,? !2* !*.!A!01%. $86*!8'* 7. 8,)848)/A$ A+! 5 !wo or more persons cannot ma7e a single 4oint will, either for their reciprocal benefit or for another person. 2owever, separate or individually executed wills, although containing reciprocal provisions (*utual wills), are not prohibited, sub-ect to the rule on disposicion captatoria. A. )8.(0.8!80, 06 (10(*1!> )! INTER$RETATION O* %I&&S (A1!.. 7AA37D#) !he testator%s intent (ani*us testandi), as well as giving effect to such intent, is primordial. 8t is sometimes said that the supreme law in succession is the intent of the testator. All rules of construction are designed to ascertain and give effect to that intention. 8t is only when the intention of the testator is contrary to law, morals, or public policy that it cannot be given effect. 8n case of doubt, that interpretation by which the disposition is to be operative shall be preferred. !hat construction is to be adopted which will sustain and uphold the will in all its parts, if it can
I! TESTA"ENTAR# SUCCESSION
A! CONCE$T %I&& ' an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate to ta7e effect after his death (Art. 7A&) NOTE: !hus, a document that does not purport to dispose of one%s estate either by the institution of heirs or designation of devisees9legatees or, indirectly, by effecting a disinheritance, is not to be governed by the law on testamentary succession but by some other applicable laws. Kinds o( %ills: . ,otarial or ordinary #. 2olographic Characteristics o( a %ill: . /,8$A!*1A$ #. .!18+!$> (*1.0,A$ A+! 3 !he disposition of property is solely dependent upon the testator. NOTE: !he following acts 'A> ,0! be left to the discretion of a third person: (.rticle 0153 010 /ivil /ode) duration or efficacy of the designation of heirs, devisees or legatees"
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MEMORY AID
be done consistently established rules of law. with the
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CIVIL LAW
3 must be present at the time of the execution of the will.
Kinds o( A+biguities: (Article 7AC) . $A!*,! 01 8,!18,.8+ A'@8?/8!8*. 5 that which does not appear on the face of the will and is discovered only by extrinsic evidence. #. (A!*,! 01 *E!18,.8+ A'@8?/8!8*. 5 that which appears on the face of the will itself NOTES: !here is no distinction between patent and latent ambiguities, in so far as the admissibility of parol or extrinsic evidence to aid testamentary disposition is concerned. *xtrinsic evidence to explain ambiguities in a will cannot include oral declarations of the testator as to his intention. !he validity of a will as to its form depends upon the observance of law in force at the time it is made. (Art. 7DB). 8f a law different from the law in force at the time of the execution of the will goes into effect before or after the death of the testator, such a law shall not affect the validity of the will, provided that such will was duly executed 8n accordance with the formalities prescribed by law in force at the time it was made. A*TER'AC,UIRE- $RO$ERT# .Art! /012 Gen! Rule: (roperty acquired during the period between the execution of the will and the death of the testator is ,0! included among the property disposed of. Exce3tion: =hen a contrary intention expressly appears in the will NOTE: !his rule applies only to legacies and devises and not to institution of heirs. C! TESTA"ENTAR# CA$ACIT# 4 refers to the ability as well as the power to ma7e a will. CIVIL LAW COMMITTEE
Re5uisites: 1. At least A years of age 2. 0f sound mind, i.e., the ability to 7now: a. the nature of the estate to be disposed of" b. the proper o+4ects of his bounty" and c. the character of the testa*entar) act. NOTE: !he law presu*es that the testator is of sound mind, /,$*..: a. he, one month or less, before ma7ing his will, was publicly 7nown to be insane" or b. was under guardianship at the time of ma7ing his will. ( orres and Lopez de 5ueno vs. Lopez 41 Phil 006) 8n both cases, the burden of proving sanity is cast upon proponents of the will. Effect of Certain Infirmities: . mere senility or infirmity of old age does not necessarily imply that a person lac7s testamentary capacity" #. physical infirmity or disease is not inconsistent with testamentary capacity" &. persons suffering from idiocy (those congenitally deficient in intellect), imbecility (those who are mentally deficient as a result of disease), and senile dementia (peculiar decay of the mental faculties whereby the person afflicted is reduced to second childhood) do not possess the necessary mental capacity to ma7e a will" 4. an insane delusion which will render one incapable of ma7ing a will may be defined as a belief in things which do not exist, and which no rational mind would believe to exist" B. if the insane delusion touches to sub-ect matter of the will, testamentary disposition is void. C. a deaf3mute and blind person can ma7e a will (i.e. Art. AF73AFA). A

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blind man with a sound and disposing mind can ma7e a holographic will. 7. an intoxicated person or person under the influence of drugs may ma7e a will as there is no complete loss of understanding. !,ception: where the testator has used intoxicating liquor or drugs excessively to such an extent as to impair his mind, so that at the time the will is executed, he does not 7now the extent and value of his property, or the names of persons who are the natural ob-ects of his bounty, the instrument thus executed will be denied probate for lac7 of testamentary capacity. -! *OR"A&ITIES O* %I&&S .E6TRINSIC 7A&I-IT#2 CO""ON *OR"A&ITIES . *very will must be in writing" and #. *xecuted in a language or dialect 7nown to the testator. S$ECIA& *OR"A&ITIES I! NOTARIAL OR ORDINARY WILL a. ./@.+18(!80, 5 made at the end thereof by the testator himself or by the testatorGs name written by some other person in his presence and by his express direction" &u+scription refers to the *anual act of testator and also of his instru*ental 7itnesses of affi,ing their signature to the instru*ent. b. A!!*.!A!80, A,) ./@.+18(!80, 3 (evidenced +) an 8attestation clause9) by & or more credible witnesses in the presence of the testator and of one another" Attestation consists in the act of witnesses of witnessing the execution of the will in order to see and ta7e note mentally that such will has been executed in accordance with requirements prescribed by law. ATTESTATION
. an act of the senses #. mental act &. purpose is to render available proof during probate of will
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CIVIL LAW
&. purpose is identification
c. 'A1?8,A$ .8?,A!/1*. 5 affixed by the testator or the person requested by him to write his name and the instrumental witnesses of the will on each and every page thereof, except the last, on the left margin" Exce3tions to the rule that all o( the 3ages o( the 8ill shall ha9e to be signed on the le(t +argin b the testator and 8itnesses:: ( ) in the last page, when the will consists of two or more pages" (#) when the will consists of only one page" (&) when the will consists of two pages, the first of which contains all the testamentary dispositions 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. !he inadvertent failure of one witness to affix his signature to one page of a testament, due to the simultaneous lifting of two pages in the course of signing, is not per se sufficient to -ustify denial of probate (#casiano vs. #casiano ## &/-. 466).
d. (A?* ,/'@*18,?. 5 =ritten correlatively in letters placed on the upper part of each page" NOTE: !his is not necessary when all of the dispositive parts of a will are written on one sheet only. e. A+H,0=$*)?'*,! 5 )one before a notary public by the testator and the instrumental witnesses. NOTE: !he notary public before whom the will was ac7nowledged cannot be considered as the third instrumental witness since he cannot ac7nowledge before himself his having signed the will. 8f the third witness were the notary
SU)SCRI$TION
. an act of the hand #. mechanical act
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MEMORY AID
public himself, he would have to avow, assent, or admit his having signed the will in front of himself. !o allow such would have the effect of having only two attesting witnesses to the will which would be in contravention of Arts. AFB and AFC. (/ruz vs. :illasor 54 &/-. 32) "ANNER O* SIGNING: !he use of any signature, mar7s or design intended by the testator to authenticate renders the will sufficiently signed by the testator. A signature by mar7 will be sufficient even if at the time of placing it, the testator 7new how to write and is able to do so. 8t is sufficiently signed by writing his initials, or his first name, or he may use even an assumed name. A complete signature is not essential to the validity of a will, provided the part of the name written was affixed to the instrument with intent to execute it as a will. ATTESTATION C&AUSE 3 memorandum or record of facts wherein the witnesses certify that the will has been executed before them, and that it has been executed in accordance with the formalities prescribed by law. Absence of this clause will render the will a nullity. 8t must state the following ESSENTIAL FACTS: . the number of pages used upon which the will is written" 20=*4*1, even if number of pages is omitted in the A+ @/! if there is an ac7nowledgment clause which states the number of pages or the will itself mentioned such number of pages, it may still be considered valid applying the $iberal 8nterpretation of the law. ( a+uada vs. -osal) #. the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the CIVIL LAW COMMITTEE
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presence of the instrumental witnesses" =hen the testator expressly caused another to sign the former%s name, this fact must be recited in the attestation clause. 0therwise, the will is fatally defective. ($arcia vs. Lacuesta ;< Phil 41;) &. that the witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. TEST O* $RESENCE: ,ot 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. (=a+oneta vs. $ustilo)
8n the case of an ordinary or attested will, its attestation clause need not +e 7ritten in a language or dialect >no7n to the testator since it does not form part of the testamentary disposition. !he language used in the attestation clause li7ewise need not even +e >no7n to the attesting 7itnesses . Art. AFB merely requires that, in such a case, the attestation clause shall be interpreted to said witnesses. (/aneda vs. /. 666 &/-. 012)
E((ects o( de(ects or i+3er(ections in the Attestation Clause: 8f the defect of the attestation clause goes into the very essence of the clause itself or consists in the omission of one, some, or all of the essential facts, and such omission cannot be cured by an examination of the will itself, the defect is substantial in character, as a consequence of which the will is invalidated. 2owever, 8n the absence of bad faith, forgery, fraud, or undue and

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improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with Art. AFB (for*al re?uire*ents). !his is 7nown as the -OCTRINE O* &I)ERA& INTER$RETATION (Art. AFD) $ur3oses o( re5uiring 8itness to attest and to subscribe to a 8ill: . identification of the instrument #. protection of the testator from fraud and deception &. the ascertainment of the testamentary capacity of the testator. NOTE: Certain points to consider ( olentino) . 'ere 7nowledge by testator that another is signing, and acquiescing in it, there being no express direction, is ,0! sufficient. #. ,ot required that the name of the person who writes the testator%s name should also appear on the will" enough that testator%s name is written. &. 8f the required numbers of attesting witness are competent, the fact that an additional witness, who was incompetent also attested to the will, cannot impair the validity. 4. 8mmaterial in what order the acts are performed provided the signature or ac7nowledgment by the testator and the attestation of the witnesses be accomplished in one occasion, and as part of one transaction. B. !he law refers to pa e and not to sheet or leaf or folio, so every page used in the will should be signed on the left margin. C. An attestation clause need be signed 0,$> by the witnesses and not by the testator as it is a declaration made by the witnesses. 7. date of !ill: CIVIL LAW COMMITTEE
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a. ordinar) 7ill: not an essential part" b. holographic 7ill: an essential part. A. 6ailure or error to state the place of exec"tion will not invalidate the will. D. .igning of a will by the testator and witnesses and ac7nowledgment before a notary public, need not be a single act. F. Testamentar# capacit# must also exist at the time of ac7nowledgment. A--ITIONA& RE,UIRE"ENTS *OR S$ECIA& CASES $% Deaf or deaf&m"te testator: a) personal reading of the will, if able to do so" 01 b) if not possible, designation of # persons to read the will and communicate to him, in some practicable manner, the contents thereof. (Article AF7) '% (lind testator: )ouble3reading requirement: a. first, by one of the subscribing witnesses, A,) b. second, by the notary public before whom the will is ac7nowledged. (.rticle 1<1) Art. AFA applies not only to blind testators but also to those who, for one reason or another are incapable of reading their wills (e.g. poor, defective or blurred vision). 8n a case where the testator did not read the final draft of the will, but the lawyer who drafted the document, read the same aloud in the presence of the testator, & witnesses, and notary public, the +ourt held that the formal imperfections should be brushed aside when the spirit behind the law was served though the letter was not. (.lvarado vs. $aviola 666 &/-. 340)
%ITNESS TO NOTARIA& %I&&S (A1!.. A#F I A# ) Re5uire+ents: 1. of sound mind"

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2. 3. 4. 5. 6.
able to read and write" not blind, deaf or dumb" at least A years of age" domiciled in the (hilippines" has not been convicted of falsification of a document, per-ury, or false testimony
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de =esus and 5i+iana -o,as de =esus3 234 &/-. 645) Rule in case o( insertion, cancellation, eras"re or alteration: !estator must authenticate the same by his @%LL &#$N. %-!. (.rticle 124) NOTE: 8n the case of Aala7 vs. -elova (234 &/-. 642)3 the holographic will in dispute had only one substantial provision, which was altered by substituting the original heir with another, but which alteration did not carry the requisite of full authentication by the full signature of the testator, the effect must be that the entire will is voided or revo7ed for the simple reason that nothing remains in the will after that which could remain valid. E((ects o( 8ords 8ritten b another and inserted in the 8ords 8ritten b the testator: a. 8f the insertion was made after the e,ecution of the will, but 7ithout the consent of the testator, such insertion is considered as not 8ritten, because the validity of the will cannot be defeated by the malice or caprice of third person. b. 8f the insertion after the e,ecution of the will was 7ith the consent of the testator, the 8ill re+ains 9alid but the insertion is 9oid. c. 8f the insertion after the e,ecution is validated +) the testator +) his signature thereon, then the insertion becomes part of the will, and the entire 8ill beco+es 9oid, because of failure to comply with the requirement that it must be wholly written by the testator. d. 8f the insertion made by a third person is made conte*poraneous to the e,ecution of the will, then the 8ill is 9oid because it is not written entirely by the testator. $robate o( Hologra3hic %ill . 8f %N/ON !& !(3 requires that at least witness who 7nows the handwriting and signature of the testator explicitly declare that the will and signature are in the
NOTE: A witness need not 7now the contents of the will, and need not be shown to have had a good standing in the community where he lives. Also, the ac7nowledging notary public cannot be one of the & minimum numbers of witnesses. Interested 8itness A witness to a will who is incapacitated from succeeding from the testator by reason of a devise9legacy or other testamentary disposition therein in his favor, or in favor of his spouse, parent, or child. 'o7ever3 his co*petence as a 7itness su+sists. :! )OLO*RA+)IC WILL .Article ;<=2 a. entirely 7ritten by the hand of the testator" b. entirely dated by the hand of the testator" and c. entirely signed by the hand of the testator. NOTE: !he law exacts literal compliance with these requirements. 2*,+*, !2* )0+!18,* 06 $8@*1A$ 8,!*1(1*!A!80, +A,,0! @* A(($8*). ,evertheless, the +ourt held in a case that as a general rule, the ;date< in a holographic will should include the day, month, and year of its execution. 2owever, when there is no appearance of fraud, bad faith, undue influence and pressure and the authenticity of the will is established and the only issue is whether or not the date ;6*@.9C < appearing on the will is a valid compliance with Art. A F, probate of the holographic will should be allowed under the principle of substantial compliance. (#n the *atter of #ntestate !state of .ndres
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handwriting of the testator" if no witness, expert testimony may be resorted to. #. 8f /ON !& !(3 requires at least & of such credible witnesses, if none expert witness. NOTE: =here the testator himself petitions for the probate of his holographic will and no contest is file, the fact that he affirms that the holographic will and the signature are in his own handwriting, shall be sufficient evidence thereof. 8f the holographic will is contested, the burden of disproving the genuineness and due execution thereof shall be on the contestant. A photostatic or xerox copy of a lost or destroyed holographic will may be admitted because the authenticity of the handwriting of the deceased can be determined by the probate court, as comparison can be made with the standard writings of the testator. (-odelas vs. .ranza3 22; &/-. 26)
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#) !he law of the place in which he resides" or &) !he law of his country" or 4) !he law of the (hilippines. As3ects o( the 8ill go9erned b National &a8 o( the -ecedent (Article F&D and Article C +ivil +ode) a. 0rder of succession b. Amount of successional rights c. 8ntrinsic validity d. +apacity to succeed Koint will 5 a single testamentary instrument which contains the wills of two or more persons, -ointly executed by them, either for their reciprocal benefit or for the benefit of a third person 33will of # or more persons is made in the same instrument and is -ointly signed by them 'utual wills 5 wills executed pursuant to an agreement between two or more persons to dispose of their property in a particular manner, each in consideration of the other 33separate wills of # persons, which are reciprocal in their provisions. 1eciprocal wills3 wills in which the testators name each other as beneficiaries under similar testamentary plans NOTE: A will that is both -oint and mutual is one executed -ointly by two or more persons, the provisions of which are reciprocal and which shows on its face that the devises are made in consideration of the other. .uch is prohibited. Reasons: . will is purely personal and unilateral act #. contrary to the revocable character of a will &. may expose the testator to undue influence, and may even induce one of the testators to 7ill the other. NOTE: Koint wills executed by 6ilipinos in a foreign country shall not be valid in the (hilippines, even though authoriJed
GO7ERNING &A% ON *OR"A&ITIES $% As to time: !he validity of a will as to its for* depends upon the observance of the la8 in (orce at the ti+e it is +ade . 8ts intrinsic validit), however, is -udged at the ti+e o( the decedent>s death b the la8 o( his nationalit . :! As to place: a. 6ilipino testator executing a will in the (hilippines: (hilippine law b. 6ilipino testator executing a will outside of the (hilippines: either ) !he law of the country in which it is executed" or #) !he law of the (hilippines. c. Alien testator executing a will in the (hilippines: either ) !he law of the (hilippines" or #) !he law of the country of which he is a citiJen or sub-ect. d. Alien testator executing a will outside of the (hilippines: either ) !he law of the place where it is executed" or CIVIL LAW COMMITTEE

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by the foreign country in which they may have been executed (.rticle 12; /ivil /ode). !his prohibition is applicable only in -oint wills executed by @ilipinos in a foreign country" it does ,0! A(($> to -oint wills executed by aliens. E! CO-ICI& AN- INCOR$ORATION )# RE*ERENCE CO-ICI& A supplement or addition to a will, made after the execution of a will and annexed to be ta7en as a part thereof, by which any disposition made in the original will is explained, added to, or altered. (Article A#B) NOTE: !o be effective, it must be executed as in the case of a will. 8ts execution has the effect of republishing the will as modified. INCOR$ORATION )# RE*ERENCE (A1! A#7) +ontemplates only lists of properties, boo7s of accounts, and inventories. (rovisions which are in the nature of testamentary dispositions must be contained in the will itself. Re5uisites (or a 9alid incor3oration b re(erence: (A1! A#7) . !he document or paper referred to in the will must be in existence at the time of the execution of the will" #. !he will must clearly describe and identify the same, stating among other things the number of pages thereof" &. 8t must be identified by clear and satisfactory proof as the document or paper referred to therein" 4. 8t must be signed by the testator and the witnesses on each and every page, except in case of voluminous boo7s of account or inventories. *! RE7OCATION O* %I&&S TESTA"ENTAR# -IS$OSITIONS CIVIL LAW COMMITTEE AN-
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RE7OCATION An act of the mind, terminating the potential capacity of the will to operate at the death of the testator, manifested by some outward or visible act or sign, symbolic thereof. .uch right to revo7e a will cannot be waived or restricted. &A%S %HICH GO7ERN RE7OCATION (A1! A#D) <! 8f the revocation ta7es place in the (hilippines, whether the testator is do*iciled in the Philippines or in so*e other countr), it is valid when it is in accordance with the la8s o( the $hili33ines :! 8f the revocation ta7es place outside the (hilippines, by a testator 7ho is do*iciled in the Philippines, it is valid when it is in accordance with the la8s o( the $hili33ines &. 1evocation done outside the (hilippines, by a testator 7ho does not have his do*icile in this countr), is valid when it is done according to the: a! la8s o( the 3lace 8here the 8ill 8as +ade, or b! la8s o( the 3lace in 8hich the testator had his do+icile at the ti+e o( re9ocation" "O-ES O* RE7OCATION (A1! A&F) 1. @y implication of law: a. legal separation revo7es testamentary provisions in favor of the offending spouse" b. preterition revo7es the institution of heir" c. -udicial action for recovery of debt revo7es a legacy of credit9remission of debt" d. transformation, alienation, or loss of bequeathed property revo7es a legacy of such property" e. act of unworthiness by an heir, devisee9legatee revo7es testamentary provisions in his favor" f. if both spouses of the subsequent marriage acted in bad faith, said marriage shall be

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void ab initio and testamentary dispositions made by one in favor of the other are revo7ed by operation of law (Art. 44, 6amily +ode)" and g. void ab initio or annulled marriages revo7e testamentary dispositions made by one spouse in favor of the other (Art. BF, 6amily +ode). #. @y some will, codicil, or other writing, executed as provided in case of wills, which may either be: a. *xpress 5 when there is a revocatory clause expressly revo7ing the previous will or a part thereof b. 8mplied 5 when the provisions thereof are partially or entirely inconsistent with those of the previous will NOTE: =hile express revocation may be effected by a subsequent will, or a codicil, or a nontestamentary writing executed as provided in case of wills, implied revocation may be effected only by either a subsequent will, or a codicil. &. @y burning, tearing, cancelling, or obliterating the will. Re5uisites: a. testamentary capacity at the time of performing the act of destruction" b. intent to revo7e (animus revocandi)" c. actual physical act of destruction" d. completion of the sub-ective phase" and e. performed by the testator himself or by some other person in his presence and express direction (!2* $8.! 8. *E+$/.84*.) NOTE: !he act of revocation is a personal act of the testator. 2e cannot delegate to an agent the authority to do the act for him. Another person, however, may be selected by him as an instrument and directed to do the revocatory acts in his presence. A destruction not accomplished in the CIVIL LAW COMMITTEE
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CIVIL LAW
testator%s presence is an ineffective revocation of the will. -OCTRINE O* $RESU"E- RE7OCATION =henever it is established that the testator had in his possession or had ready access to the will, but upon his death it cannot be found or located, the presumption arises that it must have been revo7ed by him by an overt act. =here it is shown that the will was in custody of the testator after its execution, and subsequently, it was found among the testator%s effects after his death in such a state of mutilation, cancellation or obliteration as represents a sufficient act of revocation, it will be presumed in the absence of evidence to the contrary, that such act was performed by the testator with the intention of revo7ing the will. -OCTRINE O* -E$EN-ENT RE&ATI7E RE7OCATION (A1! A&#) A revocation sub-ect to a condition does not revo7e a will unless and until the condition occurs. !hus, where a testator ;revo7es< a will with the proven intention that he would execute another will, his failure to validly ma7e a latter will would permit the allowance of the earlier will. =here the act of destruction is connected with the ma7ing of another will so as fairly to raise the inference that the testator meant the revocation of the old to depend upon the efficacy of the new disposition intended to be substituted, the revocation will be conditional and dependent upon the efficacy of the new disposition" and if for any reason, the new will intended to be made as a substitute is inoperative, the revocation fails and the original will remains in full force (4da. )e 'olo vs. 'olo DF (hil &7).

63
MEMORY AID
Re9ocation b +ista?e A revocation of a will based on a false cause or an illegal cause is null and void. !hus, where a testator by a codicil or later will, expressly grounding such revocation on the assumption of fact which turns out to be false, as where it is stated that the legatees9devisees named therein are dead, when in fact, they are living, the revocation does not ta7e effect. G! RE$U)&ICATION AN- RE7I7A& O* %I&&S RE$U)&ICATION !he act of the testator whereby he reproduces in a su+se?uent 7ill (express) the dispositions contained in a previous will which is void as to its form, or he executes a codicil (constructive) to his will. 8ts purpose is to cure the will of its formal defects. NOTES: !o republish a will void as to its for*3 all the dispositions must be reproduced or copied in the new or subsequent will" !o republish a will valid as to its for* +ut alread) revo>ed the execution of a codicil which ma7es reference to the revo7ed will is sufficient. E((ects o( Re3ublication b 9irtue o( a Codicil: . +odicil revives the previous will #. !he old will is republished as of the date of the codicilL ma7es it spea7, as it were, from the new and later date. &. A will republished by a codicil is governed by a statute enacted to the execution of the will, but which was operative when the codicil was executed. RE$U)&ICATION
. !a7es place by an act of the testator
IN
CIVIL LAW
#. +orrects extrinsic and intrinsic defects.
#. 1estores revo7ed will
RE7I7A& !he restoration to validity of a will previously revo7ed by operation of law (implied revocation). $RINCI$&E O* INSTANTER !he e,press revocation of the first will renders it void because the revocatory clause of the second will, not being testamentary in character, operates to revo7e the previous will instantly upon the execution of the will containing it. NOTE: 8n i*plied revocation, the first will is not instantly revo7ed by the second will because the inconsistent testamentary dispositions of the latter do not ta7e effect immediately but only after the death of the testator. H! A&&O%ANCE AN- -ISA&&O%ANCE O* %I&&S $RO)ATE A special proceeding mandatorily required for the purpose of establishing the validity of a will. !he statute of limitations is not applicable to probate of wills. ,uestions deter+inable b the 3robate court: (8+*) . identity of the will" #. testamentary capacity of the testator at the time of the execution of the will" and &. due execution of the will.
RE7I7A&
. !a7es place by operation of law.
$!N!-.L -%L!: 8n probate proceeding, the court%s area of inquiry is limited to an examination of, and resolution on the extrinsic validity if the will, the due execution thereof, the testatrix%s testamentary capacity and the compliance with the requisites or solemnities prescribed by law. !he probate court cannot inquire into the intrinsic validity of testamentary provisions.
CIVIL LAW COMMITTEE


64
MEMORY AID
!"/!P #ON: (ractical considerations, e.g. when the will is intrinsically void on its face.
8n Nuguid vs Nuguid (20 &/-. 44;)3 the .upreme +ourt held that, if the case were to be remanded for probate of the will, nothing will be gained. 0n the contrary, this litigation would be protracted. And for aught that appears in the record, in the event of probate or if the court re-ects the will, probability exists that the case will come up once again before us on the same issue of the intrinsic validity or nullity of the will. 1*./$!: waste of time, effort, expense, plus added anxiety.
IN
CIVIL LAW
legacy in compliance with a clause in the defective will, the payment is effective and irrevocable ( .rticle 243<3 N//C Natural O+ligations). Grounds (or -isallo8ance o( a %ill (A1! A&D) . 6ormalities required by law have not been complied with" #. !estator was insane, or otherwise incapable of ma7ing a will, at the time of its execution" &. =ill was executed through force or under duress, or the influence of fear, or threats" 4. =ill was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person" B. .ignature of the testator was procured by fraud" C. !estator acted by mista7e or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. NOTE: ?10/,). A1* *E+$/.84*. 6air arguments, persuasion, appeal to emotions, and entreaties which, without fraud or deceit or actual coercion, compulsion or restraint do not constitute undue influence sufficient to invalidate a will. (5arreto vs. -e)es ;1 Phil ;;6) @urden is on the person challenging the will to show that such influence was exerted at the time of its execution. !o ma7e a case of /,)/* 8,6$/*,+*, the free agency of the testator must be shown to have been destroyed" but to establish a ground of contest based on 61A/), free agency of the testator need not be shown to have been destroyed. Allegations of fraud and undue influence are mutually repugnant and exclude each other" their -oining as grounds for opposing probate shows absence of definite evidence against the validity of the will (#casiano vs. #casiano 22 &/-. 466)
8n Nepo*uceno vs /. (23; &/-. 6<0)3 the +ourt ruled that ;the court can inquire as to the intrinsic validity of the will because there was an express statement that the beneficiary was a mistress. NOTES: +riminal action will not lie against the forger of a will which had been duly admitted to probate by a court of competent -urisdiction. (Bercado vs. &antos 66 Phil. 625) !he fact that the will has been allowed without opposition and the order allowing the same has become final and executory is not a bar to the presentation of a codicil, provided it complies with all the formalities for executing a will. 8t is not necessary that the will and codicil be probated together as the codicil may be concealed by an interested party. !hey may be probated one after the other. (Baca* vs. $at*aitan 6< Phil 351) =hen a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a
CIVIL LAW COMMITTEE


65
MEMORY AID
RE7OCATION
. voluntary act of the testator. #. with or without cause. &. may be partial or total.
IN
CIVIL LAW
-ISA&&O%ANCE
. given by -udicial decree. #. must always be for a legal cause. &. always total e,cept: when the ground of fraud or influence for example affects only certain portions of the will.
deemed to have been instituted simultaneously and not successively. INSTITUTION )ASE- ON A *A&SE CAUSE .Article ;@=2 $!N!-.L -%L!: !he statement of a false cause for the institution of an heir shall be considered as not written. Reason: ?enerosity of the testator is the real cause of the testamentary disposition. !"/!P #ON: 8f it appears from the face of the will that the testator would not have made the institution had he 7nown the falsity of the cause. !,a*ple: =here the person instituted is a total stranger to the testator, it is obvious that the real cause of the testamentary disposition is not the generosity of the testator but the fact itself which turned out to be false. RE,UISITES *OR THE ANNU&"ENT O* INSTITUTION O* HEIRS: . cause of institution of heirs must be stated in will" #. cause must be shown to be false" &. it must appear from the face of the will that the testator would not have made the institution had he 7nown the falsity of the cause. =here the one3sentence will institutes the petitioner as the sole, universal heir and preterits the parents of the testatrix, and it contains no specific legacies or bequests, such universal institution of petitioner, by itself, is void. 8ntestate succession ensues. (Nuguid vs. Nuguid3 et al. 20 &/-. 44;)
I! INSTITUTION O* HEIRS (A1!.. A4F3ABC) INSTITUTION An act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. (Art A4F) !he proper test in order to determine the validity of an institution of heir is the possibility of finally ascertaining the identity of the instituted heir by intrinsic or extrinsic evidence. $RESU"$TIONS . $resu+3tion o( E5ualit 5 2eirs instituted without designation of shares shall inherit in equal parts. !his is limited only to the case where all of the heirs are of the same class or -uridical condition, and where there are compulsory heirs among the heirs instituted, it should be applied only to the disposable free portion. #. $resu+3tion o( Indi9idualit 5 =hen the testator institutes some heirs individually and others collectively, those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. &. $resu+3tion o( Si+ultaneit 5 when the testator calls to the succession a person and his children, they are all CIVIL LAW COMMITTEE
$RETERITION (A1!. AB4) 0mission in the testator%s will of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator. Re5uisites:

66
MEMORY AID
. !he heir omitted must be a compulsory heir in the direct line" #. !he omission must be complete and total in character" and &. !he compulsory heir omitted must survive the testator. There is no total o+ission 8hen: a. A devise9legacy has been given to the heir by the testator b. A donation inter vivos has been previously given to the heir by the testator" or c. Anything is left from the inheritance which the heir may get by way of intestacy. NOTE: 8n the above cases, the remedy of the heir is completion of legitime under Art. DFC, in case the value of the property received is less than the value of the legitime. E((ects o( $reterition: . 8t annuls the institution of heir" #. !he devises and legacies are valid insofar as they are not inofficious" and &. 8f the omitted compulsory heir should die before the testator, the institution shall be effectual, without pre-udice to the right of representation. NOTE: 8n case of o*ission 7ithout preterition, the rule in Art. ABB should be followed. !he suggested alternate phrasing of )r. !olentino to the said article is: 8 he share of the co*pulsor) heir o*itted in a 7ill *ust +e first ta>en fro* the part of the estate not disposed of +) the 7ill3 if an)C if that is not sufficient3 so *uch as *a) +e necessar) *ust +e ta>en proportionall) fro* the shares of the heirs given to the* +) 7ill.9 $RETERITION
. deprivation of a compulsory heir of his legitime is tacit #. may be voluntary but the law presumes that it is involuntary &. law presumes that there has been merely an oversight or mista7e on the part of the testator. 4. omitted heir gets not only his legitime but also his share in the free portion not disposed of by way of legacies9 devises.
IN
CIVIL LAW
voluntary.
&. done with legal cause.
4. if disinheritance is not lawful, compulsory heir is merely restored to his legitime.
=here the deceased left no descendants, legitimate or illegitimate, but she left forced heirs in the direct ascending lineLher parents, and her holographic will does not explicitly disinherit them but simply omits them altogether, the case is one of preterition of parents, not a case of ineffective disinheritance. (Nuguid vs. Nuguid 20 &/-. 44;)
NOTE: (reterition of the surviving spouse (..) does not entirely annul the institution of the heir since .. is not a compulsory heir in the direct line. 2owever, since Article A4# protects the legitime of the .., the institution is partially annulled by reducing the rights of the instituted heir to the extent necessary to cover the legitime of ... ( olentino) E**ECT O* $RE-ECEASE 33an heir who dies before the testator shall transmit no right to his own heirs (rule is absolute with respect to a voluntary heir) 33what is transmitted to the representatives of compulsory heir is his right to the legitime and not to the free portion E**ECT O* INCA$ACIT# 33A voluntary heir who is incapacitated to succeed from testator shall transmit no right to his own heirs. 33compulsory heir may be represented, but only with respect to his legitime
-ISINHERITANCE
. deprivation of a compulsory heir of his legitime is express. #. always
CIVIL LAW COMMITTEE


67
MEMORY AID
E**ECT O* RE$U-IATION 33whether voluntary or compulsory, the heir who repudiates his inheritance cannot transmit any right to his own heirs. A! SU)STITUTION O* HEIRS (A1!. AB73A7F) SU)STITUTION !he act by which the testator designates the person or persons to ta7e the place of the heir or heirs first instituted (!olentino). 8t may be considered as a subsidiary and conditional institution. Kinds: . Si+3le or Co++on (that which ta7es place when the testator designates one or more persons to substitute the heirs9s instituted in case such heir9s should die before him, or should not wish, or should be incapacitated to accept the inheritance) #. )rie( or Co+3endious: +rief (there are two or more persons designated by the testator to substitute for only one heir), co*pendious (one heir is designated to ta7e the place of two or more heirs) Instances 8hen substitution ta?es 3lace: a. instituted heir predeceases the testator" b. incapacit) of the instituted heir to succeed from the testator" and c. repudiation of the inheritance. E((ect o( substitution: *eneral r"le: once the substitution has ta7en place, the substitute shall not only ta7e over the share that would have passed to the instituted heir, but he shall be sub-ect to the same charges and conditions imposed upon such instituted heir. Exceptions: ( ) =hen the testator has expressly to the contrary" CIVIL LAW COMMITTEE
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CIVIL LAW
(#) =hen the charges or conditions are personally applicable only to the heir instituted. 1! *ideico++issar Re5uisites: a. 6irst heir (fid"ciar#) called to the succession. b. An obligation clearly imposed upon such first heir to preserve the property and to transmit it to the second heir. c. .econd heir (fideicommissar#) to whom the property is transmitted by the first heir. =ithout the obligation clearly imposing upon the first heir the preservation of the property and its transmission to the second heir, there is no fideicommissary substitution (-a+adilla vs. /. 334 &/-. 566) NOTE: (ending transmission of property, the fiduciary is entitled to all the rights of a usufructuary, although the fideicommissary is entitled to all the rights of a na7ed owner. &i+itations: a. .ubstitution must not go beyond one degree from the heir originally instituted. b. 8(egree9 means degree of relationship. c. 6iduciary and fideicommissary must be living at the time of the death of the testator. d. .ubstitution must not burden the legitime of compulsory heirs. e. .ubstitution must be made expressly. A fideicommissary substitution is void if the first heir is not related in the st degree to the second heir (-a*irez vs. :da. (e -a*irez 222 &/-. 0<4) K! CON-ITIONA&B "O-A& TESTA"ENTAR# -IS$OSITIONSB ANTESTA"ENTAR# -IS$OSITIONS %ITH A TER" (A1! A7 3AAB)

6
MEMORY AID
$!N!-.L -%L!: !he institution of an heir may be made ) conditionally, #) for a term, or &) for a certain purpose or cause (modal). +onditions, terms, and modes however, are not presumed" they must be clearly expressed in the will. !he condition must fairly appear from the language of the will. 0therwise, it is not binding. L#B# . #ON&: . !he testator cannot impose any charge, burden, encumbrance, condition, or substitution whatsoever upon the legiti*e of co*pulsor) heirs. #. #*possi+le conditions and those contrar) to la7 or good custo*s are presumed to have been imposed erroneously or through oversight, thus, are considered as not imposed. &. An a+solute condition not to contract a first marriage is always void and will be considered as not written. 4. An a+solute condition not to contract a su+se?uent marriage is generally void, unless imposed upon a widow or widower by the deceased spouse or by the latter%s ascendants or descendants. *ven so, however, the legiti*e of the surviving spouse cannot +e i*paired.
An absolute condition not to contract marriage when validly imposed is resolutory in character. +onsequently, if the testator institutes his wife as heir sub-ect to the condition that she will never marry again, she immediately acquires a right to the inheritance upon the death of testator, but if she violates the condition by contracting a #nd marriage, she loses her right to said inheritance.
IN
CIVIL LAW
not with to a
c. specific condition contract marriage determinate person.
B. Any disposition made upon the condition that the heir shall ma7e some provisions in his will in favor of the testator or of any other person shall be void (disposicion captatoria). C. +onditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by the law on succession. Kinds o( Conditions . Potestative /ondition 5 depends exclusively upon the will of the heir, devisee, or legatee, and must be performed by him personally. #. /ausal /ondition 5depends upon the will of the heir, devisee, or legatee, but upon the will of a third person. &. Bi,ed 5 depends -ointly upon the will of the heir, devisee, or legatee and upon chance and9or will of a third person. *ul(ill+ent o( Conditions: . Potestative /onditions must be fulfilled after the death of the testator (except when it has already been fulfilled and is of such nature that it cannot be repeated)" #. /ausal or *i,ed conditions may be fulfilled either .efore or after such death3 unless the testator has provided otherwise.
NOTE: 2owever, the following relative conditions regarding marriage have been considered as -alid and .indin : a. generic condition to contract marriage" b. specific condition to contract marriage with a determinate person" and CIVIL LAW COMMITTEE
"O-A& INSTITUTION .INSTITUCION SU) "O-O2 Attachment by the testator to an institution of heir, or to a devise or legacy, of a statement of the: a. o+4ect of the institution" b. application of the property left by testator" or c. charge imposed by him. NOTES:

6!
MEMORY AID =hen in doubt as to whether there is

a condition or merely a *ode3 consider the same as *ode. =hen in doubt as to whether there is a *ode or merely a suggestion3 consider same only as a suggestion. !he Mcondition% suspends but does not obligate" the Mmode% o+ligates but does not suspend (for he who inherits with a mode is already an heir" one who inherits conditionally is not yet an heir)
IN
CIVIL LAW
is termed under the ,++ as the ;free portion< from which the legitime of the concurring compulsory heirs are ta7en. !his ;free portion< is different from the ;disposable free portion< over which the testator has testamentary control. !he ;disposable free portion< is that which remains after the legitime has been covered. CO"$U&SOR# HEIRS .CH2 !hose for whom the legitime is reserved by law, and who succeed whether the testator li7es it or not. !hey cannot be deprived by the testator of their legitime e,cept by disinheritance properly effected. Kinds o( Co+3ulsor Heirs: . $ri+ar 5 those who have precedence over and e,clude other +2. *.g. $+). #. Secondar 5 those who succeed only in the a+sence of the pri*ar) +2. *.g. $(A or 8(. &. Concurring 5 those who succeed together with the primary or secondary +2. *.g. 8+) and ... I( the testator is a &EGITI"ATE 3erson
. $egitimate children and descendants ($+)) 8n default of the foregoing, legitimate parents and ascendants ($(A) .urviving spouse (..)
-OCTRINE o( CONSTRUCTI7E *U&*I&&"ENT: =hen without the fault of the fault of the heir, an institucion sub modo cannot ta7e effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes. NOTE: 8f the condition is casual, the doctrine is not applicable since the fulfillment of the event which constitutes the condition is independent of the will of the heir, devisee9legatee. 8f the condition is potestative or mixed, the doctrine is applicable. &! &EGITI"ES (A1!. AAC 5 D 4) &EGITI"E !hat part of the testator%s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.
I( the testator is an I&&EGITI"ATE 3erson

. $egitimate children and descendants ($+)) 8llegitimate children and descendants (8+))
#.
#.
!he course of action to enforce a legitime accrues upon the death of the donor3decedent since it is only then that the net estate may be ascertained and on which basis, the legitime may be determined. (#*perial vs. /. 326 &/-. 323)
&.
&.
8n default of the foregoing, illegitimate parents onl) (8() .urviving spouse (..)
4.
NOTE: 0ne half of the estate is always reserved for the primary or secondary compulsory heirs. !he other half is what CIVIL LAW COMMITTEE
8llegitimate children and descendants (8+))
4.

7"
MEMORY AID
NOTES: .ee .ections 7 I A of 1.A. ABB#. @y force of the 6amily +ode, adopted children are deemed legitimate children of the adopters. @y force of the 6amily +ode, 8+ without distinction and so long as their filiation is duly established or proved in accordance with law, are each entitled to 9# of the legitime of a $+, thus abrogating the B:4 ratio between ;natural< and ;non3 natural< 8+. RU&ES: . )irect descending line a. 1ule of preference between lines b. 1ule of proximity c. 1ight of representation ad infinitu* in case of predecease, incapacity, or disinheritance ($+: $) only" 8+: both $) and 8)) d. 8f all the $+ repudiate their legitime, the next generation of $) succeed in their own right #. )irect ascending line a. 1ule of division by lines b. 1ule of equal division &. ,on3impairment of legitime TA)&E O* &EGITI"ES ./148401 $*?8!8'*
$+ N
IN
CIVIL LAW
share of the .. having preference over that of the 8+, whose share may suffer reduction pro rata because there is no preference among themselves.
$(A
=hether they survive alone or with concurring +2. 8+ succeed in the P in equal shares.
$(A 8+ $(A .. $(A .. 8+ 8+
N P N P N 9A P N
)ivide equally among the 8+.
,0!*.
)ivide by the O of $+, whether they survive alone or with concurring +2.
.. 8+ ..
9& 9& N 9& if marriage is in articulo mortis and deceased spouse dies within & mos. after the marriage.
$+ .. # or more $+ .. $+ 8+ $+ .. 8+
N P N equal to $+ N N of N P N of $+ All the concurring +2 get from the half free portion, the 8( 8( Any child N 3excluded3 8t depends
+hildren inherit in the amounts established in the foregoing rules.
$+
CIVIL LAW COMMITTEE


7#
MEMORY AID
8( .. P P 0nly the parents are of 8+ are included. ?randparents and other ascendants are excluded.
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CIVIL LAW
legitime of
not to impair the compulsory heirs.
STE$S IN -ETER"INING THE &EGITI"E O* CO"$U&SOR# HEIRS: . )etermination of the ross -al"e of the estate at the time of the death of the testator" #. )etermination of all de.ts and c/ar es which are chargeable against the estate" &. )etermination of the net value of the estate by deducting all the debts and charges from the gross value of the estate" 4. Collation or addition of the value of all donations inter vivos to the net value of the estate" B. )etermination of the amount of the le itime from the total thus found" C. Imp"tation of the value of all donations inter vivos made to compulsory heirs against their legitime 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" and 7. Distri."tion of the residue of the estate in accordance with the will of the testator CO&&ATION . 6ictitious mathematical process of adding the value of the thing donated to the net value of the hereditary estate (Art. DFA and Arts. FC 3 F77). #. Act of charging or imputing such value against the legitime of the compulsory heir to whom the thing was donated (Arts. FC 3 F77). &. Actual act of restoring to the hereditary estate that part of the donation which is inofficious in order CIVIL LAW COMMITTEE
RESER7A TRONCA& (A1! AD ) !he 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, is obliged to reserve such property for the benefit of relatives who are within the &rd degree and who belong to the line from which such property came. 8t constitutes as an e,ception to both the system of legitime and the order of intestate succession. $ur3oses: . !o reserve certain property in favor of certain persons" #. !o prevent persons outside a family from acquiring, by some chance or accident, property which otherwise would have remained with the said family" &. !o maintain a separation between paternal and maternal lines. NOTE: +onsidering the rationale for reserva troncal which is to ultimately revert ownership of property that originally belongs to a line of relatives but which by force of law passes to a different line, the reserva would have no reason to arise where the ascendants who acquire the property themselves belong to the line of relatives from which the property was, in turn, acquired by the descendant. Re5uisites: . !he property should have been acquired by operation of law by an ascendant (reser-ista) from his descendant (proposit"s) upon the death of the latter. #. !he property should have been previously acquired by gratuitous title by the descendant (proposit"s) from another ascendant or from a brother or sister (ori inator). &. !he descendant (proposit"s) should have died without any legitimate issue in the direct descending line who could inherit from him.

7$
MEMORY AID
$ersonal ele+ents: . Ori inator 5 the ascendant, or brother or sister from whom the propositus had acquired the property by gratuitous title (e.g. donation, remission, testate or intestate succession)" #. +roposit"s 5 the descendant who died and from whose death the reservista in turn had acquired the property by operation of law (e.g. by way of legitime or intestate succession). !he so3called ;arbiter of the fate of the reserva troncal.< &. Reser-ista 5 the ascendant, not belonging to the line from which the property came (Kustice 4itug) that is the only compulsory heir and is obliged to reserve the property. NOTE: )r. !olentino is of the view that even if the reservista and the originator belong to the sa*e line, there is still an obligation to reserve. 4. Reser-atarios 5 the relatives of the propositus within the &rd degree and who belong to the line from which the property came and for whose benefit the reservation is constituted. !hey must be related by blood not only to the propositus but also to the originator. NOTE: .ll personal ele*ents *ust +e 4oined +) +onds of legiti*ate relationship. NOTE: 8n determining the right of the reservatarios over the reservable property, there are 6 events to consider: . Deat/ of proposit"s: all qualified reservatarios acquire an inchoate right. -eservista o7ns the propert) su+4ect to a resolutor) condition. #. Deat/ of reser-ista: surviving reservatarios acquire a perfect right. NOTE: !he ,++ did not provide for the rules on how the reservatarios would succeed to the reservista. 2owever, the following rules on intestacy have been consistently applied: a. 1ule of preference between lines b. 1ule of proximity CIVIL LAW COMMITTEE
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CIVIL LAW
c. 1ight of representation (provided that the representative is a relative of the descendant3 propositus within &rd degree, and that he belongs to the line from which the reservable property came) d. ;6ull blood9double share< rule in Art. FFC (roperty sub-ect to reservation: must be the same property which the reservista had acquired by operation of law from propositus upon the death of the latter and which the latter, in turn had acquired by gratuitous title during his lifetime from another ascendant, brother9sister.
Obligations o( Reser9ista: ( ) !o ma7e an inventory of all reservable property" (#) !o appraise value of all reservable movable property" (&) !o annotate in 1egistry of property the reservable character of all reservable immovable property" (4) !o secure by mortgage (a) restitution of movables not alienated, (b) payment of damages caused by his fault or negligence, (c) return of price received for movables alienated and (d) payment of value of immovable alienated.
A reservatorio may dispose of his

e,pentanc) to the reservable property during pendency of the reserve in its uncertain and conditional form. 8f he dies before the reservista, he has not transmitted anything, but if he survives such reservista, the transmission shall become effective.
. 7ill *a) prevent the constitution

of a reserva. 8n case of testate succession, only the legitime passes by operation of law. !he propositus may, +) 7ill, opt to give the legitime of his ascendant without

73
MEMORY AID
giving to the latter properties he had acquired by gratuitous title from another ascendant, or brother or sister. #n such case3 a reserva troncal is avoided. 2owever, if the ascendant was not disentitled in the will to receive such properties, the reser-a minima rule (proportional reserva) should be followed. !he rule holds that all property passing to the reservista must be considered as passing partly by operation of law and partly by will of the propositus. !hus, one half of the properties acquired by gratuitous title should be reservable, and the other half should be free. Causes (or Extinguish+ent o( Reser9a Troncal: 1. )eath of reservatarios" 2. )eath of all relatives of propositus within the &rd degree who belong to the line from which the property came" 3. $oss of the reservable property for causes not due to the fault or negligence of the reservista. 4. =aiver or renunciation by the reservatarios" 5. (rescription of the right of the reservatarios, when the reservista holds the property adversely against them in the concept of an absolute owner" 6. 1egistration by the reservista of the property as free property under the $and 1egistration Act "! -ISINHERITANCE (A1! D B 5 D#&) A testamentary disposition by which a person is deprived of, or excluded from, the inheritance to which he has a right. A disinheritance properly effected totally excludes the disinherited heir from the inheritance. !he disinherited heir is deprived not only of the legiti*e but also of such part of the free portion that would have passed to him by a previous will (which is revo7ed, as inconsistent with, the subsequent disinheritance) or by intestate succession. CIVIL LAW COMMITTEE
IN
CIVIL LAW
Re5uisites: . *ffected only through a valid will" #. 6or a cause expressly stated by law" &. +ause must be stated in the will itself" 4. +ause must be certain and true" B. /nconditional" C. !otal" and 7. !he heir disinherited must be designated in such a manner that there can be no doubt as to his identity. E((ects o( -isinheritance: 1. )eprivation of the compulsory heir who is disinherited of any participation in the inheritance including the legitime. 2. !he children9descendants of the person disinherited shall ta7e his or her place and shall preserve the rights of compulsory heirs with respect to the legitime. 3. !he disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. I"$ER*ECT -ISINHERITANCE A disinheritance which does not have one or more of the essential requisites for its validity. E((ects: . 8f testator had made disposition of the entire estate: annulment of the testamentary dispositions only in so far as they pre-udice the legitime of the person disinherited" does not affect the dispositions of the testator with respect to the free portion. #. 8f testator did not dispose of the free portion: compulsory heir is given all that he is entitled to receive as if the disinheritance has not been made, without pre-udice to lawful dispositions made by the testator in favor of others. &. )evises, legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.

74
MEMORY AID
IN
CIVIL LAW
I"$ER*ECT -ISINHERITANCE
. !he person disinherited may be any compulsory heir #. Always express &.Always intentional
$RETERITION
. !he person omitted must be a compulsory heir in the direct line #. Always implied &. 'ay intentional unintentional be or
4. *ffect: (artial annulment of institution of heirs
4. *ffect: !otal annulment of institution of heirs
Co++on Causes (or -isinheritance o( children or descendantsB 3arents or ascendantsB and s3ouse: . =hen the heir has been found guilty of an attempt against the life of the testator, his9her descendants or ascendants, and spouse in case of children and parents" #. =hen the heir has accused the testator of a crime for which the law prescribes imprisonment for C years or more, if the accusation has been found groundless" &. =hen the heir by fraud, violence, intimidation, or undue influence causes the testator to ma7e a will or to change one already made" 4. 1efusal without -ustifiable cause to support the testator who disinherits such heir. $eculiar Causes (or -isinheritance 1. ChildrenC-escendants: a. =hen the child9descendant has been convicted of adultery or concubinage with the spouse of the testator" b. 'altreatment of the testator by word or deed by the child9descendant" c. =hen the child9descendant leads a dishonorable or disgraceful life" +onviction of a crime which carries with it a penalty of civil interdiction. CIVIL LAW COMMITTEE
2. $arentsCAscendants: a. =hen the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue" b. =hen the parent9ascendant has been convicted of adultery or concubinage with the spouse of the testator" c. $oss of parental authority for causes specified in the +ode" and d. Attempt by one of the parents against the life of the other, unless there has been reconciliation between them. 3. S3ouse: a. =hen the spouse has given cause for legal separation" =hen the spouse has given grounds for the loss of parental authority. Re9ocation o( -isinheritance: . 1econciliation" #. .ubsequent institution of the disinherited heir" and &. ,ullity of the will which contains the disinheritance. NOTE: 0nce disinheritance has been revo7ed or rendered ineffectual, it cannot be renewed except for causes su+se?uent to the revocation or based on ne7 grounds. RECONCI&IATION 8t is the resumption of genuine cordial relationship between the testator and the disinherited heir, approximating that which prevailed before the testator learned of the cause for disinheritance, reciprocally manifested by their actions subsequent to the act of disinheritance. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made. (Art. D##)

75
MEMORY AID
IN
CIVIL LAW
portion of the estate, thus, the provisions on institution of heirs are generally applicable to them. NOTES: 'ere civilit) which may characteriJe their relationship, a conduct that is naturally expected of every decent person, is not enough. 8n order to be effective, the testator must pardon the disinherited heir. .uch pardon must specifically refer to the heir and to the acts causing the disinheritance. he heir *ust accept the pardon. ,o particular form is required. 8t may be made expressly or tacitly. NOTE: =here the cause for disinheritance is li7ewise a ground for un7orthiness to succeed, what is the effect of a subsequent reconciliation upon the heir%s capacity to succeedQ . #f disinheritance has +een *ade: 1ule on reconciliation applies. !he disinheritance becomes ineffective. #. #f disinheritance has not +een *ade: 1ule on reconciliation does not apply. !he heir continues to be incapacitated to succeed unless pardoned by the testator under Art. F&&. !he law effects the disinheritance. N! &EGACIES AN- -E7ISES (A1!.. D#4 5 DBD) $ersons charged 8ith legacies and de9ises: ( ) compulsory heir" (#) voluntary heir" (&) legatee or devisee" (4) estate NOTES: 8f the will is silent with regard to the person who shall pay or deliver the legacy9devise, there is a presumption that such legacy or devise constitutes a charge against the decedent%s estate. .ince legacies and devises are to be ta7en from the disposable free CIVIL LAW COMMITTEE
STATUS O* $RO$ERT# GI7EN )# &EGAC#C-E7ISE

. @elonging to the testator at the time of the execution of the will until his death #. @elonging to the testator at the time of the execution of the will but alienated in favor of a &rd person &. @elonging to the testator at the time of the execution of the will but alienated in favor of the legatee9devisee gratuitousl) 4. @elonging to the testator at the time of the execution of the will but alienated in favor of the legatee or devisee onerousl) B. ,ot belonging to the testator at the time the will is executed but he has ordered that the thing be acquired in order that it be given to the legatee9devisee C. ,ot belonging to the testator at the time the will is executed and the testator erroneously believed that the thing pertained to him 7. ,ot belonging to the testator at the time the will is executed but afterwards becomes his by whatever title
E**ECT ON THE &EGAC#C-E7ISE
*ffective
1evo7ed
,o revocation. !here is a clear intention to comply with legacy or devise.
$egatee9devisee can demand reimbursement from the heir or estate
*ffective
4oid
*ffective

76
MEMORY AID
A. Already belonged to the legatee9devisee at the time of the execution of the will even though another person may have interest therein D. Already belonged to the legatee or devisee at the time of the execution of the will even though it may have been subsequently alienated by him F.!estator had 7nowledge that the thing bequeathed belonged to a third person and the legatee9devisee acquired the property gratuitousl) after the execution of the will .!estator had 7nowledge that the thing bequeathed belonged to a third person and the legatee9devisee acquired the property by onerous title ( ) =hen the reduction is necessary to preserve the legitime of compulsory heirs from impairment whether there are donations inter vivos or not" or (#) =hen, although, the legitime has been preserved by the testator himself there are donations inter vivos.
IN
CIVIL LAW
8neffective
( ) =hen there are no compulsory heirs and the entire estate is distributed by the testator as legacies or devises" or
8neffective
(#) =hen there are compulsory heirs but their legitime has already been provided for by the testator and there are no donations inter vivos.
$egatee9devisee can claim nothing by virtue of the legacy9devise
NOTES: 8n case of reduction in the above cases, the inverse order of payment should be followed.
$egatee9devisee can demand reimbursement from the heir or estate
=hen the question of reduction is

exclusively among legatees and devisees themselves, .rticle ;5< governs" but when there is a conflict between compulsory heirs and devisees and legatees, .rticle ;22 applies. GROUN-S *OR RE7OCATION O* &EGACIES AN- -E7ISES (A1! DB7) . !estator transfor*s the thing bequeathed in such a manner that it does not retain either the form or the denomination it had. #. !estator by any title or for any cause alienates the thing bequeathed, or any part thereof, it being understood that in the latter case the legacy or devise shall be without effect only with respect to the part alienated. !,cept: when the thing should again belong to the testator after alienation. &. !hing bequeathed is totall) lost during the lifetime of the testator, or after his death without the heirs fault
ART! 0<<
Order o( 3re(erence: ($8(0) . &egitime of compulsory heirs #. )onations inter vivos &. $referential legacies or devices 4. All other legacies or devices pro rata
ART! 0@=
Order o( 3re(erence: (1(.*.0) . Remuneratory $9) #.$referential $9) &.$ for support 4.$ for education B.$9) of a specific, determinate thing which forms a part of the estate All others pro rata
A33lication:
A33lication:
CIVIL LAW COMMITTEE


77
MEMORY AID
4. 0ther causes: nullity of the will" noncompliance with suspensive conditions affecting the bequests" sale of the thing to pay the debts of the deceased during the settlement of his estate. NOTE: $8.! 8. ,0! *E+$/.84*
IN
CIVIL LAW
does not apply, the rules on Intestate succession shall ta7e over. A! RU&ES 1. Rule o( $re(erence bet8een lines !hose in the direct descending line shall exclude those in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn, exclude those in the collateral line. 2. Rule o( $roxi+it !he relative nearest in degree excludes the more distant ones, saving the right of representation when it properly ta7es place. !his rule is sub-ect to the rule of preference between lines. 3. Rule o( E5ual -i9ision 1elatives in the sa*e degree shall inherit in equal shares. !"/!P #ON&: a) )ivision in the ascending line (between paternal and maternal grandparents)" b) )ivision among brothers and sisters, some of whom are of the full and others of half blood" and c) )ivision 8n cases where the right of representation ta7es place. NOTE: !his rule is sub-ect to the rule of preference between lines. 4. Rule o( )arrier bet8een the legiti+ate (a+il and the illegiti+ate (a+il !he illegitimate family cannot inherit +) intestate succession from the legitimate family and vice3versa. B. Rule o( -ouble Share (or (ull blood collaterals =hen full and half3blood brothers or sisters, nephews or nieces, survive, the full blood shall ta7e a portion in the inheritance double that of the half3blood. NOTE: 8n case of a disposition made in general terms under Article DBD, only the 1ule of (roximity applies.
II! &EGA& SUCCESSION
OR
INTESTATE
!hat which is effected by operation of law in the absence or default of a will.
CAUSES O* INTESTAC# 1. 8f a person dies without a will, or with a void will, or one which has subsequently lost its validity" 2. Absence of an institution of heir" 3. (artial institution of heir. 8n such case, intestacy ta7es place as to the undisposed portion (mixed succession)" 4. ,on3fulfillment of suspensive condition attached to the institution of heir" 5. (redecease of the instituted heir" 6. 1epudiation by the instituted heir" 7. 8ncapacity of instituted heir" 8. (reterition. 8ntestacy may be total or partial depending on whether or not there are legacies9devises" 9. 6ulfillment of resolutory condition" 10. *xpiration of term or period of institution" 11. ,on3compliance or impossibility of compliance with the will. NOTE: 8n all cases where there has been an institution of heir, follo7 the #.&.-...#. order of Kustice (aras. 8f the Institution fails, Substitution occurs. 8f there is no substitute, the right of Representation applies in the direct descending line to the legitime if the vacancy is caused by predecease, incapacity, or disinheritance. !he right of Accretion applies to the free portion when the requisites in Art. F C are present. 8f there is no substitute, and the right of 1epresentation or Accretion CIVIL LAW COMMITTEE

7
MEMORY AID
)! RE&ATIONSHI$ (A1!.. DC& 5 DCD) . ,umber of generations determines proximity. #. *ach generation forms a degree. &. A series of degrees forms a line. 4. A line may be direct or collateral. A direct line is that constituted by the series of degrees among ascendants and descendants (ascending and descending). B. A collateral line is that constituted by the series of degrees among persons who are not ascendants or descendants, but who come from a common ancestor. C. 6ull blood: same father and mother" half blood: only one of either parent is the same. 7. 8n adoption, the legal filiation is personal and exists only between the adopter and the adopted. !he adopted is deemed a legitimate child of the adopter (A(), but still remains as an intestate heir of his natural parents and other blood relatives. C! RIGHT O* RE$RESENTATION .RR2 (A1!.. D7F 5 D77) A right created by fiction of law, by virtue of which the representative is raised to the place and degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. !he representative is called to the succession by the law not by the person represented. 2e succeeds the one whom the person represented would have succeeded. NOTES: 8n the direct line, representation ta7es place ad infinitu* in the direct descending line, never in the ascending. 8n the collateral line, representation ta7es place only in favor of the children of brothers or sisters (nephews and nieces), whether of the full or half3blood, and only if they concur with at least uncle or aunt. <! Testa+entar Succession CIVIL LAW COMMITTEE
IN
CIVIL LAW
a) =hen a compulsory heir in the direct descending line had predeceased the testator and was survived by his children or descendants. b) =hen a compulsory heir in the direct descending line is excluded from the inheritance due to incapacit) or un7orthiness and he has children or descendants. c) =hen a compulsory heir in the direct descending line is disinherited and he has children or descendants" representation covers only the legitime. d) A legatee9devisee who died after the death of the testator may be represented by his heirs. :! Intestate Succession a) =hen a legal heir in the direct descending line had predeceased the decedent and was survived by his children or descendants. b) =hen a legal heir in the direct descending line is excluded from the inheritance due to incapacit) or un7orthiness and he has children or descendants. c) =hen brothers or sisters had predeceased the decedent and they had children or descendants. d) =hen illegiti*ate children represent their illegitimate parents who already died in the estate of their grandparents. e) =hen nephe7s and nieces inherit together with their uncles and aunts in representation of their deceased parents who are the brothers or sisters of said uncles and aunts. -! INTESTATE OR &EGA& HEIRS !hose who are called by law to the succession either in the absence of a will or of qualified heirs, and who are deemed called based on the presumed will of the decedent. REGU&AR OR-ER O* SUCCESSION .-ecedent is a legiti+ate 3erson2:

7!
MEMORY AID
. $egitimate children or descendants ($+)) #. $egitimate parents or ascendants ($(A) &. 8llegitimate children or descendants (8+)) 4. .urviving spouse (..) B. @rothers and sisters, nephews and nieces (@.9,,) C. 0ther collateral relatives within the Bth degree (+B) 7. .tate
8( .. .. @.9,, $+ .. 8+
IN
CIVIL LAW
IRREGU&AR OR-ER O* SUCCESSION .-ecedent is an illegiti+ate 3erson2: . $egitimate children or descendants ($+)) #. 8llegitimate children or descendants (8+)) &. 8llegitimate parents (8() 4. .urviving spouse (..) B. @rothers and sisters, nephews and nieces (@.9,,) C. .tate OR-ER O* CONCURRENCE . $+), 8+), and .. #. $(A, 8+), and .. &. 8+) and .. 4. .. and 8( B. @.9,, and .. C. +B (alone) 7. .tate (alone) TA)&E O* INTESTATE SHARES ./148401
Any class alone $+ .. # or more $+ .. $(A .. $(A .. 8+
# or more $+ .. 8+
9# 9# ( he la7 is silent. .ppl) concurrence theor).) 9# 9# 6irst, satisfy legitimes. *state would be insufficient. 1eduction must be made according to the rules on legitimes. !he legitimes of $+) and .. shall always be first satisfied in preference to the 8+). 6irst, satisfy legitimes. !here would be an excess in the estate. )istribute such excess in the proportion :#:#, in accordance with the concurrence theor).
OR-ER O* CONCURRENCE IN THE CASE O* A-O$TE- CHI&SUR7I7ORS SHARE

. $(A98( A( #. $(A98( A( .. &. $(A A( 8+) 4. $(A A( .. 8+) N N
N
N
N
N 9&
9& 9&
8,!*.!A!* .2A1*
*ntire estate 9# 9# ((iongson vs. /inco3 04 &/-. 221) +onsider .. as $+, then divide estate by total number. 9# 9# 9# 94 94
CAR-INA& $RINCI$&ES O* INTESTATE SUCCESSION .Austice $aras2 . *ven if there is an order of intestate succession, the +ompulsory 2eirs .CH) are never excluded. !he +ivil +ode follows the concurrence theory, not the exclusion theory. #. 1ight of 1epresentation .RR) in the collateral line occurs only in intestate succession, never in testamentary succession because a voluntary heir cannot be represented (collateral relatives are not +2).
CIVIL LAW COMMITTEE


"
MEMORY AID
&. !he intestate shares are either equal to or greater than the legitime. 4. $!N!-.L -%L!: ?randchildren always inherit by 11, provided representation is proper. !"/!P #ON: =henever all the children repudiate, the grandchildren inherit in their own right because 11 would not be proper. B. ,ephews and nieces inherit either by 11 or in their 0wn 1ight (OR). a. 11: when they concur with aunts and uncles (provided that 11 is proper)
IN
CIVIL LAW
that they are entitled to receive from such disposable free portion as intestate heirs. &. 8f the intestate share of a compulsory heir is equal to his legitime, then the amount of the testamentary disposition must be deducted only from the intestate shares of the others, in the proportions stated above. 4. 8f the testamentary dispositions consume the entire disposable free portion, then the intestate heirs who are compulsory heirs will get only their legitime, and those who are not compulsory heirs will get nothing.
C. 7. A. D.
b. 01: when they do not concur with aunts and uncles. 8+) of legiti*ates cannot represent because of the barrier, but both the 8+) and $+) of illegiti*ates can. !here can be reserva troncal in intestate succession. A renouncer can represent, but cannot be represented. A person who cannot represent a near relative cannot also represent a relative farther in degree.
I7! $RO7ISIONS CO""ON TO TESTA"ENTAR# ANINTESTATE SUCCESSIONS A! RIGHT O* ACCRETION .A2 (A1!. F B 5 F#&) A right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to one who renounce or cannot receive his share, or who died before testator, is added or incorporated to that of his co3heirs, co3devisees, or co3 legatees. A right based on the presumed will of the deceased that he prefers to give certain properties to certain individuals, rather than to his legal heirs. Re5uisites: . # or more persons must have been called to the same inheritance, legacy or devise, or to the same portion thereof, pro indiviso" and #. there must be a vacancy in the inheritance, legacy or devise (caused b 3redeceaseB inca3acit B re3udiationB non(ul(ill+ent o( sus3ensi9e condition or 9oid or ine((ecti9e testa+entar dis3ositions!2
III! "I6ESUCCESSION $ARTIA& INTESTAC#
OR
.uccession that is effected partly by will and partly by operation of law.
RU&ES: . !he law of legitimes must be brought into operation in partial intestacy, because the testamentary dispositions can affect only the disposable free portion but never the legitimes. #. 8f among the concurring intestate heirs there are compulsory heirs, whose legal or intestate portions exceed their respective legitimes, then the amount of the testamentary disposition must be deducted from the disposable free portion, to be borne by all the intestate heirs in the proportions CIVIL LAW COMMITTEE

#
MEMORY AID
E**ECTS o( $RE-ECEASEB INCA$ACIT#B -ISINHERITANCEB or RE$U-IATION in both TESTA"ENTAR# and INTESTATE SUCCESSION
CAUSE O* 7ACANC# TESTA"ENTAR# SUCCESSION &egiti+e *ree $ortion . 11 .A #. 8. #. 8. 11 A #. 8. 8. . 11 R #. 8. 8. A INTESTATE SUCCES' SION .IS2 . 11 #. 8. . 11 #. 8. R A
IN
CIVIL LAW
Re5uisites: 1. !he heir, legatee9devisee must be living or in existence at the moment the succession opens" and 2. 2e must not be incapacitated or disqualified by law to succeed. THE *O&&O%ING ARE INCA$A)&E O* SUCCEE-ING: A! )ased on Undue In(luence or Interest: ((8?1A() 1. $riest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period" 2. Individuals, associations and corporations not permitted by law to inherit" 3. Guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof" nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid" 4. Relatives of such priest or minister of the gospel within the 4 th degree, the church, order, chapter, community, organiJation or institution to which such priest or minister may belong" 5. Attesting witness to the execution of a will, the spouse, parents or children, or any one claiming under such witness, spouse, parents or children" and 6. $hysician, surgeon, nurse, health officer or druggist who too7 care of the testator during his last illness. )! )ased on "oralit or $ublic $olic (A1! 7&D) . !hose made in favor of a person with whom the testator was guilty of adultery or concubinage at the time of the ma7ing of the will. #. !hose made in consideration of a crime of which both the testator and the beneficiary have been found guilty.
$redecease Inca3acit -isinheri' tance Re3udia' tion
Su++ar : .A2 In testa+entar succession: ( ) $egitime: (a) 8n case of predecease of an heir, there is representation if there are children or descendants" if none, the others inherit in their own right. (b) 8n case of incapacity, results are the same as in predecease. (c) 8n case of disinheritance, results are the same as in predecease. (d) 8n case of repudiation by an heir, the others inherit in their own right. (#) )isposable free portion: Accretion ta7es place when requisites are present" but if such requisites are not present, the others inherit in their own right. .)2 In intestate succession: ( ) 8n case of predecease, there is representation if there are children or descendants" if none, the others inherit in their own right. (#) 8n case of incapacity, results are the same as in predecease. (&) 8n case of repudiation, there is always accretion. )! CA$ACIT# TO SUCCEE- )# %I&& OR )# INTESTAC# (A1!.. F#4 5 F4F) CIVIL LAW COMMITTEE

$
MEMORY AID
&. !hose made in favor of a public officer or his spouse, descendants and ascendants, by reason of his public office C! )ased on Acts o( Un8orthiness (A46&() 1. (arents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue" 2. Any person who has been convicted of an attempt against the life of the testator, his9her spouse, descendants or ascendants" 3. Any person who has accused the testator of a crime for which the law prescribes imprisonment for C years or more, if the accusation has been found groundless" 4. Any person convicted of adultery or concubinage with the spouse of the testator" 5. Any heir of full age who, having 7nowledge of the violent death of the testator, should (ail to report it to an officer of the law within a month, unless the authorities have already ta7en action" this prohibition shall not apply to cases wherein, according to law, there is no obligation to ma7e an accusation" 6. Any person who by (raud, violence, intimidation, or undue influence should cause the testator to ma7e a will or to change one already made" 7. Any person who (alsifies or forges a supposed will of the decedent" and 8. Any person who by the same means 3revents another from ma7ing a will, or from revo7ing one already made, or who supplants, conceals, or alters the latterGs will. NOTE: !he moment the testator uses one of the acts of unworthiness as a cause for disinheritance, he thereby submits it to the rules on disinheritance. !hus, reconciliation renders the disinheritance ineffective. $AR-ON O* ACTS O* UN%ORTHINESS E6$RESS I"$&IE. made by the execution of a . effected when testator ma7es a document or any writing in which the decedent condones the cause of incapacity #. cannot be revo7ed
IN
CIVIL LAW
will instituting the unworthy heir with 7nowledge of the cause of incapacity #. revo7ed when the testator revo7es the will or the institution
C! ACCE$TANCE AN- RE$U-IATION O* INHERITANCE (A1!.. F4 5 FB7) Characteristics: (481) . 7oluntary and free #. Irrevocable, except if there is vitiation of consent or an un7nown will appears &. Retroactive Re5uisites: . certainty of the death of decedent #. certainty of the right to inheritance the the
Acceptance vs. 1epudiation: ( ) Acceptan ce involves the confirmation of transmission of successional rights, while repudiation renders such transmission ineffective. (#) 1epudiat ion is equivalent to an act of disposition and alienation. (&) !he publicity required for repudiation is necessary for the protection of other heirs and also of creditors. *or+ o( Acce3tance . *xpress Acceptance 5 one made in a public or private document. #. !acit Acceptance 5 one resulting from acts by which the intention to accept is necessarily implied or which one would have no right to do except in the capacity of an heir Tacit acce3tance is pres"med (ro+ certain acts o( the heir as: . =hen heir sells, donates, or assigns his right.
CIVIL LAW COMMITTEE


3
MEMORY AID
#. =hen heir renounces it for the benefit of one or more heirs. &. =hen renunciation is in favor of all heirs indiscriminately for consideration 4. 0ther acts of tacit acceptance a. heir demands partition of the inheritance b. heir alienates some ob-ects of the inheritance c. /nder Art FB7, failure to signify acceptance or repudiation within &F days after an order of distribution by the probate court.
IN
CIVIL LAW
title, in order that it may be computed in the determination of the legitime of each heir, and in the account of partition. (Art. FC ) An act of returning or restoring to the common mass of the estate, either actually or fictitiously, any property which a person may have received from the decedent during the latter%s lifetime, but which is understood for legal purposes as an advance from inheritance.
1*(/)8A!80, must be made in a

pu+lic instru*ent (ac7nowledged before a notary public) or authentic docu*ent (equivalent of an indubitable writing or a writing whose authenticity is admitted or proved) or by petition presented to the court having -urisdiction over the testamentary or intestate proceeding.
O$ERATIONS RE&ATE- TO CO&&ATION . +ollation 5 adding to the mass of the hereditary estate the value of the donation or gratuitous disposition #. 8mputing or +harging 5 crediting the donation as an advance on the legitime (if the donee is a compulsory heir) or on the free portion (if the donee is a stranger) &. 1eduction 5 determining to what extent the donation will remain and to what extent it is excessive or inofficious. 4. 1estitution 5 return or payment of the excess to the mass of hereditary estate. $ersons obliged to collate 1. $!N!-.L -%L!: compulsory heirs !"/!P #ON&: a. =hen the testator should have so expressly provided" and b. =hen the compulsory heir should have repudiated his inheritance #. ?randchildren who survive with their uncles, aunts, or st cousins, and inherit by right of representation. NOTE: ?randchildren may inherit from grandparent in their own right (i.e. heirs next in degree) and not by right of representation if their parent repudiates the inheritance of the grandparent, as no living person can be represented except in cases of disinheritance and incapacity. #n such case grandchildren are not o+liged to +ring to collation 7hat their parent has received gratuitousl) fro* their grandparent) %hat to collate:
Reason (or (or+alit : $aw considers

that the act of repudiation is more solemn than the act of acceptance and that repudiation produces a more violent and disturbing consequences.
Heir in t8o ca3acities: An heir who

is such by will and by law, and he repudiates the inheritance as a testamentary heir, will be considered to have repudiated the inheritance as a legal heir. @ut when an heir repudiates as a legal heir, he may later on accept as a testamentary heir. -! CO&&ATION (A1!.. FC 3 F77) *very compulsory heir, who succeeds with other compulsory heirs must bring into the mass of the estate any property or right which he may received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous CIVIL LAW COMMITTEE

4
MEMORY AID
. Any property or right received by gratuitous title during the testator%s lifetime #. All that they may have received from the decedent during his lifetime &. All that their parents would have brought to collation if alive $ro3erties not subDect to collation .:nd conce3t2: 1. Absolutely no collation (all concepts): a. *xpenses for support, education (ele*entar) and secondar) onl)), medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts (Art. FC7). 2. ?enerally not imputable to legiti*e: a. *xpenses incurred by parents in giving their children professional, vocational or other career unless the parents so provide, or unless they impair the legitime. b. =edding gifts by parents and ascendants consisting of -ewelry, clothing, and outfit except when they exceed 9 F of the sum disposable by will. E! $ARTITION AN- -ISTRI)UTION O* ESTATE (A1!.. F7A 5 FB) 8t is the separation, division and assignment of a thing held in common among those to whom it may belong. 8t includes every act which is intended to put an end to indivision among co3heirs, and legatees or devisees, although it should purport to be a sale, exchange, compromise, or any other transaction. 8t is not sub-ect to any form. %ho +a effect 3artition: . decedent himself during his lifetime by an act inter vivos or by will" #. heirs themselves" &. competent court" 4. &rd person designated by the decedent. %ho can demand 3artition: CIVIL LAW COMMITTEE . #. &. 4.
IN
CIVIL LAW
compulsory heir" voluntary heir" legatee or devisee" any person who has acquired interest in the estate.
%hen 3artition cannot be de+anded: ((A(/) . when expressly 3rohibited by the testator himself for a period not exceeding #F years" #. when the co3heirs agreed that the estate shall not be divided for a period not exceeding F years, renewable for another F years" &. when 3rohibited by law" 4. when to partition the estate would render it unserviceable for the use for which it is intended. $rohibition to $artition . !he prohibition to partition for a period not e,ceeding #F years can be imposed on the legitime. #. 8f the prohibition to partition is for more than #F years, the e,cess is void. &. *ven if a prohibition is imposed, the heirs by mutual agreement can still ma7e the partition.
$ARTITION INTER 7I7OS (A1! FAF) 8t is one that merely allocates specific items or pieces of property on the basis of the pro3indiviso shares fixed by law or given under the will to heirs or successors. NOTE: (artition is not itself a mode of acquiring ownership, nor a title therefore. !his partition, being predicated on succession, necessitates relationship to the decedent (in case of intestacy) or a will duly probated (in case of testacy). A partition inter vivos made in favor of intestate heirs could be operative. )ispositions, however, to non3 intestate heirs may suffer an impediment unless based on a valid will, except perhaps when such dispositions are intended to ta7e effect during the life of the testator and the formalities of donations are properly complied with.

5
MEMORY AID
IN
CIVIL LAW
and #. 8f the beneficiaries in the void will were legal heirs.
E**ECTS O* INC&USION O* INTRU-ER IN $ARTITION: . 5et7een a true heir and several *ista>en heirs 5 partition is 408). #. 5et7een several true heirs and a *ista>en heir 5 transmission to mista7en heir is 408). &. hrough error or *ista>e3 share of true heir is allotted to *ista>en heir 5 partition shall not be rescinded unless there is bad faith or fraud on the part of the other persons interested, but the latter shall be proportionately obliged to pay the true heir of his share NOTE: partition with respect to the mista7en heir is 408). A 7OI- %I&& "A# )E A 7A&I$ARTITION: . 8f the will was in fact a partition" CIVIL LAW COMMITTEE

San Beda Succession

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San Beda College of Law

CIVIL LAW COMMITTEE

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CIVIL LAW COMMITTEE

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3 must be present at the time of the execution of the will.

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&. purpose is identification

CIVIL LAW COMMITTEE

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San Beda College of Law

%ITNESS TO NOTARIA& %I&&S (A1!.. A#F I A# ) Re5uire+ents: 1. of sound mind"

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CIVIL LAW COMMITTEE

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San Beda College of Law

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San Beda College of Law

#. +orrects extrinsic and intrinsic defects.

#. 1estores revo7ed will

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CIVIL LAW COMMITTEE

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San Beda College of Law

&. done with legal cause.

4. if disinheritance is not lawful, compulsory heir is merely restored to his legitime.

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San Beda College of Law

c. specific condition contract marriage determinate person.

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MEMORY AID =hen in doubt as to whether there is

I( the testator is an I&&EGITI"ATE 3erson

8llegitimate children and descendants (8+))

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$(A 8+ $(A .. $(A .. 8+ 8+

)ivide equally among the 8+.

+hildren inherit in the amounts established in the foregoing rules.

CIVIL LAW COMMITTEE

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not to impair the compulsory heirs.

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A reservatorio may dispose of his

. 7ill *a) prevent the constitution

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San Beda College of Law

4. *ffect: (artial annulment of institution of heirs

4. *ffect: !otal annulment of institution of heirs

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STATUS O* $RO$ERT# GI7EN )# &EGAC#C-E7ISE

E**ECT ON THE &EGAC#C-E7ISE

,o revocation. !here is a clear intention to comply with legacy or devise.

$egatee9devisee can demand reimbursement from the heir or estate

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$egatee9devisee can claim nothing by virtue of the legacy9devise

=hen the question of reduction is

CIVIL LAW COMMITTEE

San Beda College of Law

II! &EGA& SUCCESSION

!hat which is effected by operation of law in the absence or default of a will.

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San Beda College of Law

OR-ER O* CONCURRENCE IN THE CASE O* A-O$TE- CHI&SUR7I7ORS SHARE