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Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

Table 1. VALIDITY AND EFFECT OF LEGACY

VALIDITY AND EFFECT OF LEGACY


Thing owned in part by testator General Rule: Conveys only interest or part owned by
(Art. 929) testator
Exception: if testator otherwise provides –
1. He may convey more than what he owns - the state
should try to acquire the part or interest owned by other
parties. If other parties are unwilling to alienate, the
estate should give the legatee/devisee the monetary
equivalent (analogy with Article 931)
2. He may convey less than what he owns (Article 794)
Thing owned by another General Rule:
(Arts. 930-931) 1. If testator ordered acquisition of the thing - the
order should be complied with. If the owner is unwilling
to part with the thing, the legatee/devisee should be
given the monetary equivalent

2. If testator erroneously believed that the thing


belonged to him - legacy/device is void
Exception: if testator acquire the thing onerously or
gratuitously after making of the disposition, disposition
is validated

3. If testator knew that the thing did not belong to him


but did not order its acquisition - code is silent but
disposition should be considered valid - there is an
implied order to acquire and doubts must be resolved
in favor of intestacy
Thing already owned to the 1. If thing already belonged to legatee/devisee at time
legatee/devisee (Arts 932-933) of execution of will – legacy/devise is void

2. If thing was owned by another person at time of


making the will and thereafter it is acquired by
legatee/devisee:
a. If testator erroneously believed that he owned the
thing – legacy /devise is void
b. If testator was not in error –
i. If thing was acquired onerously by L/D –
L/D entitled to be reimbursed
ii. If thing was acquired gratuitously by L/D –
nothing is due

3. If thing was owned by testator at time will was made


and L/D acquired the thing from him thereafter – law is
silent
*Balane – L/D deemed revoked
*Tolentino – no intention to revoke (BUT if the testator
has not alienated the thing directly to the L/D, but to a
rd
3 person and the former just acquired it from the
latter, there is an intention to revoke)
Legacy/Devise to remove
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Valid, if the encumbrance can be removed for a
encumbrance
are neededover a thing
to see this picture. consideration
belonging to testator (Art 932
par 2)
Legacy/Devise of a thing The encumbrance must be removed by paying the debt
pledged or mortgaged (Article unless the testator intended otherwise
934)
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Table 2. RULES OF EXCLUSION AND CONCURRENCE

Intestate Heir EXCLUDES EXCLUDED BY CONCURS WITH


Legitimate children and Ascendants, No one Surviving spouse
Legitimate descendants collaterals and Illegitimate children
state
Illegitimate children and Illegitimate No one Surviving spouse
Descendants parents, Legitimate children
collaterals and and legitimate parents
state
Legitimate parents and Collaterals and Legitimate Illegitimate children
legitimate ascendants state children and surviving spouse
Illegitimate parents Collaterals and Legitimate Surviving spouse
state children and
illegitimate
children
Surviving spouse Collaterals No one Legitimate children
other than Illegitimate children
siblings, Legitimate parents
nephews and and Illegitimate
nieces parents
Siblings, nephews nieces All other Legitimate Surviving spouse
collaterals and children,
state illegitimate
children,
Legitimate
parents and
illegitimate
parents
Other collaterals within 5th Collateral Legitimate Collaterals in the
degree remoter in children same degree
degree and Illegitimate
state children
Legitimate
parents
Illegitimate
parents and
Surviving
spouse
State No one Everyone No one

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Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Table 3. SUMMARY OF INTESTATE SHARES

Legitimate Children and Legitimate Descendants Alone

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ ½ 1
children
TOTAL ½ ½ 1

One Legitimate Child and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate child ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1

Legitimate Children and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ Remaining Whole estate
children portion of estate divided equally
after paying between total
legitimes number of
children plus the
surviving spouse
Surviving spouse Same as share Legitimes to be No. of children
of @ legitimate divided equally plus the surviving
child between total no. spouse (see
of children plus above)
the surviving
spouse
TOTAL Varies on no. of Varies on no. of 1
children children

Legitimate Children and Illegitimate Children

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ Remaining portion Whole estate
children of estate after divided by the
paying legitimes ratio of 2:1 for
each legitimate
child as compared
to the illegitimate
child
Illegitimate ½ share of @ Legitimes to be 1 for @
children legitimate child divided by the illegitimate child
ratio of 2 for @ provided that
legitimate child, 1 legitimes wouldn’t
for @ illegitimate be impaired
child
TOTAL Varies on no. of Varies on no. of
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One Legitimate Child, Illegitimate Child, and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate child ½ Remaining Whole estate
portion of estate divided by the
after paying ratio of 2 @
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legitimes to be legitimate child
divided by the
ratio of 2:1 for @
legitimate child
and @
illegitimate child,
respectively
Illegitimate child ½ share of @ 1 for @ 1 for @
legitimate child illegitimate child illegitimate child
(see above)
Surviving spouse ¼ Same share as a Legitimes
legitimate child wouldn’t be
impaired
TOTAL Varies depending Varies depending 1
on no. of on no. of
illegitimate illegitimate
children children

Legitimate Children, Illegitimate Children and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ Remaining portion Whole estate
children of estate, if any divided by the
after paying ratio of 2:1 for @
legitimes to be legitimate child
divided by the and illegitimate
ratio of 2 for @ child respectively
legitimate child
Illegitimate ½ share of @ legit 1 for @ 1 for @
children child illegitimate child illegitimate child
(see above) (see above)
Surviving spouse ¼ Same share as a Same share as a
legitimate child, legitimate child,
provided legitimes provided legitimes
are not impaired are not impaired
TOTAL Varies depending Varies depending 1
on no. of on no. of
illegitimate illegitimate
children children

Legitimate Parents Alone

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ ½ 1
parents
TOTAL ½ ½ 1

Legitimate Parents and Illegitimate Children

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate parents ½ ½
Illegitimate ¼ ¼ ½
children
QuickTime™ and a
TIFF (Uncompressed)
TOTAL decompressor ¾ ¼ 1
are needed to see this picture.

Legitimate Parents and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ ½
parents
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Legitimate Parents, Surviving Spouse and Illegitimate Children

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Legitimate ½ ½
parents
Surviving spouse 1/8 1/8 ¼
Illegitimate ¼ ¼
children
TOTAL 7/8 1/8 1

Illegitimate Children and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Illegitimate 1/3 1/6 ½
children
Surviving spouse 1/3 1/6 ½
TOTAL 2/3 1/3 1

Surviving Spouse

SHARE AS SHARE AS FREE TOTAL INTESTATE


Intestate Heir
LEGITIME DISPOSAL SHARE
Surviving spouse ½ or 1/3 ½ or 1/3 1
TOTAL ½ or 1/3 ½ or 1/3 1

Illegitimate Parents Alone

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Illegitimate ½ ½ 1
parents
TOTAL ½ ½ 1

Illegitimate Parents and Surviving Spouse

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Illegitimate ¼ ¼ ½
parents
Surviving spouse ¼ ¼ ½
TOTAL ½ ½ 1

Siblings, Nephews and Nieces Alone

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Siblings, ½ ½ 1
nephews, nieces
QuickTime™ and a
TOTAL
TIFF (Uncompressed) decompressor ½ ½ 1
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Surviving Spouse, Siblings, Nephews and Nieces

Intestate Heir SHARE AS SHARE AS FREE TOTAL INTESTATE


LEGITIME DISPOSAL SHARE
Surviving spouse ½ ½
Siblings, ½ ½
nephews, nieces
TOTAL ½ ½ 1
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Table 4. IMPORTANT PERIODS TO REMEMBER:

PERIODS TO REMEMBER ON PARTITION


1 month or less before Testator, if publicly known to be
making a will insane, burden of proof is on the one
claiming validity of the will
20 years Maximum period testator can prohibit
alienation of dispositions
5 years from delivery to To claim property escheated to the
the State State
1 month To report knowledge of violent death of
decedent lest he be considered
unworthy
5 years from the time Action for declaration of incapacity &
disqualified person took for recovery of the inheritance, devise
possession or legacy
30 days from issuance of Must signify acceptance/repudiation
order of distribution otherwise, deemed accepted
1 month form written Right to repurchase hereditary rights
notice of sale sold to a stranger by a co-heir
10 years To enforce warranty of title/quality of
property adjudicated to co-heir from
the time right of action accrues
5 years from partition To enforce warranty of solvency of
debtor of the estate at the time
partition is made
4 years form partition Action for rescission of partition on
account of lesion

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