Professional Documents
Culture Documents
Reviewer Succession
Reviewer Succession
53
MEMORY AID
IN
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)
NOTE:
The distinctions between
heirs and devisees/legatees are
significant in these cases:
1. Preterition (pretermission)
2. Imperfect disinheritance
3. After-acquired properties
4. Acceptance
or
nonrepudiation
of
the
successional rights.
Kinds:
1. Testamentary or Testacy (by will);
2. Legal or intestacy (by operation of
law based on the decedents
presumed will);
3. Mixed (Partly Testamentary and
Legal); and
4. Partition inter vivos (to a certain
degree).
Elements:
1. DECEDENT (subjective element)
2. SUCCESSORS (subjective element)
a. Heirs - those who are called to
the whole or to an aliquot
portion of the inheritance either
by will or by operation of law
1) Voluntary those instituted
by the testator in his will, to
succeed to the inheritance
or the portion thereof of
which the testator can freely
dispose.
2) Compulsory or Forced those
who succeed by force of law
to some portion of the
inheritance, in an amount
predetermined
by
law,
known as the legitime.
3) Legal or Intestate those
who succeed to the estate of
the decedent who dies
without a valid will, or to
the portion of such estate
not disposed of by will.
b. Devisees or legatees - persons to
whom gifts of real or personal
property are respectively given
by virtue of a will
INHERITANCE
Refers
to
the
universality
or
entirety of the
property,
rights
and obligations of a
person who died
Inheritance includes:
1. PROPERTY, RIGHTS AND OBLIGATIONS
NOT EXTINGUISHED BY DEATH
General rules on rights and
obligations extinguished by his
death
a) Rights which are purely personal
are by their nature and purpose
intransmissible for they are
extinguished by death (e.g.
those
relating
to
civil
personality,
family
rights,
discharge of office).
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
b) Rights which are patrimonial or
relating
to
property
are
generally part of inheritance as
they are not extinguished by
death.
c) Rights of obligations are by
nature transmissible and may
constitute part of inheritance
both with respect to the rights
of the creditor and as regards to
the obligations of the debtor.
2. ALL WHICH HAVE ACCRUED THERETO
SINCE THE OPENING OF SUCCESSION
(Article 781 Civil Code)
I. TESTAMENTARY SUCCESSION
A. CONCEPT
WILL - 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
take effect after his death (Art. 783)
NOTE: Thus, a document that does not
purport to dispose of ones estate either
by the institution of heirs or designation
of devisees/legatees or, indirectly, by
effecting a disinheritance, is not to be
governed by the law on testamentary
succession but by some other applicable
laws.
Kinds of Wills:
1. Notarial or ordinary
2. Holographic
Characteristics of a Will:
1. UNILATERAL
2. STRICTLY PERSONAL ACT - The
disposition of property is solely
dependent upon the testator.
NOTE: The following acts MAY NOT be
left to the discretion of a third person:
(Article 785, 787 Civil Code)
duration or efficacy of the designation of
heirs, devisees or legatees;
determination of the portions which they
are to take, when referred to by
name; and
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
Kinds of Ambiguities: (Article 786)
1. LATENT OR INTRINSIC AMBIGUITIES
that which does not appear on the face
of the will and is discovered only by
extrinsic evidence.
2. PATENT OR EXTRINSIC AMBIGUITIES
that which appears on the face of the
will itself
NOTES:
There 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.
Extrinsic evidence to explain
ambiguities in a will cannot include
oral declarations of the testator as
to his intention.
The validity of a will as to its form
depends upon the observance of law
in force at the time it is made. (Art.
795).
If 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 In accordance with
the formalities prescribed by law in
force at the time it was made.
AFTER-ACQUIRED PROPERTY (Art. 793)
Gen. Rule: Property acquired during the
period between the execution of the will
and the death of the testator is NOT
included among the property disposed
of.
Exception: When a contrary intention
expressly appears in the will
NOTE: This rule applies only to legacies
and devises and not to institution of
heirs.
C. TESTAMENTARY CAPACITY
refers to the ability as well as the
power to make a will.
- must be present at the time of the
execution of the will.
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Requisites:
1. At least 18 years of age
2. Of sound mind, i.e., the ability to
know:
a. the nature of the estate to be
disposed of;
b. the proper objects of his bounty;
and
c. the
character
of
the
testamentary act.
NOTE: The law presumes that the
testator is of sound mind, UNLESS:
a. he, one month or less, before making
his will, was publicly known to be
insane; or
b. was under guardianship at the time of
making his will. (Torres and Lopez de
Bueno vs. Lopez 48 Phil 772)
In both cases, the burden of proving
sanity is cast upon proponents of the
will.
Effect of Certain Infirmities:
1. mere senility or infirmity of old age
does not necessarily imply that a
person lacks testamentary capacity;
2. physical infirmity or disease is not
inconsistent
with
testamentary
capacity;
3. 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 make a
will;
4. an insane delusion which will render
one incapable of making a will may
be defined as a belief in things
which do not exist, and which no
rational mind would believe to exist;
5. if the insane delusion touches to
subject
matter
of
the
will,
testamentary disposition is void.
6. a deaf-mute and blind person can
make a will (i.e. Art. 807-808). A
blind man with a sound and disposing
mind can make a holographic will.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
7. an intoxicated person or person
under the influence of drugs may
make a will as there is no complete
loss of understanding.
Exception: 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
know the extent and value of his
property, or the names of persons
who are the natural objects of his
bounty,
the
instrument
thus
executed will be denied probate for
lack of testamentary capacity.
D. FORMALITIES OF WILLS
(EXTRINSIC VALIDITY)
COMMON FORMALITIES
1. Every will must be in writing; and
2. Executed in a language or dialect
known to the testator.
SPECIAL FORMALITIES
I. NOTARIAL OR ORDINARY WILL
a. SUBSCRIPTION made at the end
thereof by the testator himself or by
the testator's name written by some
other person in his presence and by
his express direction;
Subscription refers to the
manual act of testator and also
of his instrumental witnesses of
affixing their signature to the
instrument.
b. ATTESTATION AND SUBSCRIPTION (evidenced by an attestation
clause) by 3 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 take note mentally that
such will has been executed in
accordance with requirements
prescribed by law.
ATTESTATION
1. an act of the
senses
2. mental act
SUBSCRIPTION
1. an act of the
hand
2. mechanical act
3. purpose is to
render available
proof during
probate of will
IN
CIVIL LAW
3. purpose is
identification
d. PAGE
NUMBERINGS
Written
correlatively in letters placed on the
upper part of each page;
NOTE: This is not necessary when all of
the dispositive parts of a will are written
on one sheet only.
e. ACKNOWLEDGMENT Done before a
notary public by the testator and the
instrumental witnesses.
NOTE: The notary public before whom
the will was acknowledged cannot be
considered as the third instrumental
witness since he cannot acknowledge
before himself his having signed the will.
If the third witness were the notary
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
public himself, he would have to avow,
assent, or admit his having signed the
will in front of himself. To allow such
would have the effect of having only two
attesting witnesses to the will which
would be in contravention of Arts. 805
and 806. (Cruz vs. Villasor 54 SCRA 31)
MANNER OF SIGNING:
The use of any signature, marks or
design intended by the testator to
authenticate
renders
the
will
sufficiently signed by the testator.
A signature by mark will be sufficient
even if at the time of placing it, the
testator knew how to write and is
able to do so.
It 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 CLAUSE
- 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.
It must state the following ESSENTIAL
FACTS:
1. the number of pages used upon
which the will is written;
HOWEVER, even if number of pages is
omitted in the AC BUT if there is an
acknowledgment clause which states the
number of pages or the will itself
mentioned such number of pages, it may
still be considered valid applying the
Liberal Interpretation of the law.
(Tabuada vs. Rosal)
2. 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
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
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. 805 (formal
requirements). This is known as the
DOCTRINE
OF
LIBERAL
INTERPRETATION (Art. 809)
Purposes of requiring witness to attest
and to subscribe to a will:
1. identification of the instrument
2. protection of the testator from fraud
and deception
3. the
ascertainment
of
the
testamentary
capacity
of
the
testator.
NOTE:
Certain points to consider
(Tolentino)
1. Mere knowledge by testator that
another is signing, and acquiescing in
it,
there
being
no
express
direction, is NOT sufficient.
2. Not required that the name of the
person who writes the testators
name should also appear on the will;
enough that testators name is
written.
3. If 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. Immaterial in what order the acts
are
performed
provided
the
signature or acknowledgment by the
testator and the attestation of the
witnesses be accomplished in one
occasion, and as part of one
transaction.
5. The law refers to page and not to
sheet or leaf or folio, so every page
used in the will should be signed on
the left margin.
6. An attestation clause need be signed
ONLY by the witnesses and not by
the testator as it is a declaration
made by the witnesses.
7. date of will:
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
2.
3.
4.
5.
6.
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
handwriting of the testator; if no
witness, expert testimony may be
resorted to.
2. If CONTESTED, requires at least 3 of
such credible witnesses, if none
expert witness.
NOTE: Where 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. If the holographic will
is contested, the burden of disproving
the genuineness and due execution
thereof shall be on the contestant.
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
by the foreign country in which they may
have been executed (Article 819 Civil
Code).
This prohibition is applicable
only in joint wills executed by Filipinos
in a foreign country; it does NOT APPLY
to joint wills executed by aliens.
E. CODICIL AND INCORPORATION BY
REFERENCE
CODICIL
A supplement or addition to a will,
made after the execution of a will
and annexed to be taken as a part
thereof, by which any disposition
made in the original will is
explained, added to, or altered.
(Article 825)
NOTE: To be effective, it must be
executed as in the case of a will. Its
execution has the effect of republishing
the will as modified.
INCORPORATION BY REFERENCE
(ART 827)
Contemplates
only
lists
of
properties, books of accounts, and
inventories.
Provisions which are in the nature of
testamentary dispositions must be
contained in the will itself.
Requisites for a valid incorporation by
reference: (ART 827)
1. The document or paper referred to
in the will must be in existence at
the time of the execution of the
will;
2. The will must clearly describe and
identify the same, stating among
other things the number of pages
thereof;
3. It must be identified by clear and
satisfactory proof as the document
or paper referred to therein;
4. It must be signed by the testator and
the witnesses on each and every
page, except in case of voluminous
books of account or inventories.
F. REVOCATION OF WILLS
TESTAMENTARY DISPOSITIONS
CIVIL LAW COMMITTEE
AND
IN
CIVIL LAW
REVOCATION
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.
Such right to revoke a will cannot be
waived or restricted.
LAWS WHICH GOVERN REVOCATION
(ART 829)
1. If the revocation takes place in the
Philippines, whether the testator is
domiciled in the Philippines or in
some other country, it is valid when
it is in accordance with the laws of
the Philippines
2. If the revocation takes place outside
the Philippines, by a testator who is
domiciled in the Philippines, it is
valid when it is in accordance with
the laws of the Philippines
3. Revocation
done
outside
the
Philippines, by a testator who does
not have his domicile in this
country, is valid when it is done
according to the:
a. laws of the place where the
will was made, or
b. laws of the place in which the
testator had his domicile at the
time of revocation;
MODES OF REVOCATION (ART 830)
1. By implication of law:
a. legal
separation
revokes
testamentary provisions in favor
of the offending spouse;
b. preterition
revokes
the
institution of heir;
c. judicial action for recovery of
debt revokes a legacy of
credit/remission of debt;
d. transformation, alienation, or
loss of bequeathed property
revokes a legacy of such
property;
e. act of unworthiness by an heir,
devisee/legatee
revokes
testamentary provisions in his
favor;
f. if
both
spouses
of
the
subsequent marriage acted in
bad faith, said marriage shall be
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
void ab initio and testamentary
dispositions made by one in
favor of the other are revoked
by operation of law (Art. 44,
Family Code); and
g. void ab initio or annulled
marriages revoke testamentary
dispositions made by one spouse
in favor of the other (Art. 50,
Family Code).
2. By some will, codicil, or other
writing, executed as provided in
case of wills, which may either be:
a. Express when there is a
revocatory
clause
expressly
revoking the previous will or a
part thereof
b. Implied when the provisions
thereof are partially or entirely
inconsistent with those of the
previous will
NOTE: While 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.
3. By burning, tearing, cancelling, or
obliterating the will.
Requisites:
a. testamentary capacity at the
time of performing the act of
destruction;
b. intent
to
revoke
(animus
revocandi);
c. actual
physical
act
of
destruction;
d. completion of the subjective
phase; and
e. performed by the testator
himself or by some other person
in his presence and express
direction
(THE LIST IS EXCLUSIVE.)
NOTE: The act of revocation is a
personal act of the testator. He 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
IN
CIVIL LAW
Revocation by mistake
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
REVIVAL
1. Takes place by an
act of the testator
1. Takes place by
operation of law.
2. Corrects extrinsic
and
intrinsic
defects.
IN
CIVIL LAW
2. Restores a revoked
will
REVIVAL
The restoration to validity of a will
previously revoked by operation of
law (implied revocation).
PRINCIPLE OF INSTANTER
The express revocation of the first
will renders it void because the
revocatory clause of the second will,
not being testamentary in character,
operates to revoke the previous will
instantly upon the execution of the
will containing it.
NOTE: In implied revocation, the first
will is not instantly revoked by the
second will because the inconsistent
testamentary dispositions of the latter
do not take effect immediately but only
after the death of the testator.
H. ALLOWANCE AND DISALLOWANCE OF
WILLS
PROBATE
A special proceeding mandatorily
required for the purpose of
establishing the validity of a will.
The statute of limitations is not
applicable to probate of wills.
Questions determinable by the probate
court: (ICE)
1. identity of the will;
2. testamentary
capacity
of
the
testator at the time of the execution
of the will; and
3. due execution of the will.
GENERAL
RULE:
In
probate
proceeding, the courts area of inquiry is
limited to an examination of, and
resolution on the extrinsic validity if the
will, the due execution thereof, the
testatrixs testamentary capacity and
the compliance with the requisites or
solemnities prescribed by law.
The
probate court cannot inquire into the
intrinsic
validity
of
testamentary
provisions.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
DISALLOWANCE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
1. voluntary act of
the testator.
1. given by judicial
decree.
2. with or without
cause.
2. must always be
for a legal cause.
3. may be partial or
total.
3. always total
except: when the
ground of fraud or
influence
for
example
affects
only
certain
portions of the
will.
I. INSTITUTION OF HEIRS
(ARTS. 840-856)
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 840)
The 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.
PRESUMPTIONS
1. Presumption of Equality Heirs
instituted without designation of
shares shall inherit in equal parts.
This is limited only to the case
where all of the heirs are of the
same class or juridical condition, and
where there are compulsory heirs
among the heirs instituted, it should
be applied only to the disposable
free portion.
2. Presumption of Individuality When
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.
3. Presumption of Simultaneity when
the testator calls to the succession a
person and his children, they are all
deemed to have been instituted
simultaneously and not successively.
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
2. The omission must be complete and
total in character; and
3. The compulsory heir omitted must
survive the testator.
There is no total omission
when:
a. A devise/legacy 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:
In the above cases, the
remedy of the heir is completion of
legitime under Art. 906, in case the
value of the property received is less
than the value of the legitime.
Effects of Preterition:
1. It annuls the institution of heir;
2. The devises and legacies are valid
insofar as they are not inofficious;
and
3. If the omitted compulsory heir
should die before the testator, the
institution
shall
be
effectual,
without prejudice to the right of
representation.
NOTE:
In case of omission without
preterition, the rule in Art. 855 should
be followed. The suggested alternate
phrasing of Dr. Tolentino to the said
article is: The share of the compulsory
heir omitted in a will must be first
taken from the part of the estate not
disposed of by the will, if any; if that is
not sufficient, so much as may be
necessary must be taken proportionally
from the shares of the heirs given to
them by will.
PRETERITION
DISINHERITANCE
1. deprivation of a
compulsory heir of
his legitime is tacit
1. deprivation of a
compulsory heir of
his
legitime
is
express.
2. may be voluntary
but
the
law
presumes that it is
involuntary
2.
voluntary.
always
IN
CIVIL LAW
3. law presumes
that there has been
merely an oversight
or mistake on the
part of the testator.
3. done with
legal cause.
4. if disinheritance
is
not
lawful,
compulsory heir is
merely restored to
his legitime.
NOTE:
Preterition of the surviving
spouse (SS) does not entirely annul the
institution of the heir since SS is not a
compulsory heir in the direct line.
However, since Article 842 protects the
legitime of the SS, the institution is
partially annulled by reducing the rights
of the instituted heir to the extent
necessary to cover the legitime of SS.
(Tolentino)
EFFECT OF PREDECEASE
--an heir who dies before the testator
shall transmit no right to his own heirs
(rule is absolute with respect to a
voluntary heir)
--what
is
transmitted
to
the
representatives of compulsory heir is his
right to the legitime and not to the free
portion
EFFECT OF INCAPACITY
--A voluntary heir who is incapacitated
to succeed from testator shall transmit
no right to his own heirs.
--compulsory heir may be represented,
but only with respect to his legitime
EFFECT OF REPUDIATION
--whether voluntary or compulsory, the
heir who repudiates his inheritance
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
cannot transmit any right to his own
heirs.
J. SUBSTITUTION OF HEIRS
(ARTS 857-870)
SUBSTITUTION
The act by which the testator
designates the person or persons to
take the place of the heir or heirs
first instituted (Tolentino). It may be
considered as a subsidiary and
conditional institution.
Kinds:
1. Simple or Common (that which
takes place when the testator
designates one or more persons to
substitute the heirs/s instituted in
case such heir/s should die before
him, or should not wish, or should be
incapacitated
to
accept
the
inheritance)
2. Brief or Compendious: brief (there
are two or more persons designated
by the testator to substitute for only
one heir), compendious (one heir is
designated to take the place of two
or more heirs)
Instances when substitution
takes place:
a. instituted heir predeceases the
testator;
b. incapacity of the instituted heir
to succeed from the testator;
and
c. repudiation of the inheritance.
Effect of substitution:
General rule: once the substitution
has taken place, the substitute shall
not only take over the share that
would have passed to the instituted
heir, but he shall be subject to the
same
charges
and
conditions
imposed upon such instituted heir.
Exceptions:
(1) When the testator has expressly
to the contrary;
(2) When the charges or conditions
are personally applicable only to the
heir instituted.
3. Fideicommissary
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Requisites:
a. First heir (fiduciary) 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. Second heir (fideicommissary) to
whom the property is transmitted by
the first heir.
Without 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 (Rabadilla vs. CA 334
SCRA 522)
NOTE: Pending 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 naked owner.
Limitations:
a. Substitution must not go beyond one
degree from the heir originally
instituted.
b. Degree
means
degree
of
relationship.
c. Fiduciary and fideicommissary must
be living at the time of the death of
the testator.
d. Substitution must not burden the
legitime of compulsory heirs.
e. Substitution must be made expressly.
A fideicommissary substitution is
void if the first heir is not related in
the 1st degree to the second heir
(Ramirez vs. Vda. De Ramirez 111
SCRA 704)
K.
CONDITIONAL,
MODAL
TESTAMENTARY DISPOSITIONS, AND
TESTAMENTARY DISPOSITIONS WITH A
TERM (ART 871-885)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
the language of the will. Otherwise, it is
not binding.
LIMITATIONS:
1. The testator cannot impose any
charge,
burden,
encumbrance,
condition,
or
substitution
whatsoever upon the legitime of
compulsory heirs.
2. Impossible conditions and those
contrary to law or good customs are
presumed to have been imposed
erroneously or through oversight,
thus, are considered as not imposed.
3. An absolute condition not to
contract a first marriage is always
void and will be considered as not
written.
4. An absolute condition not to
contract a subsequent marriage is
generally void, unless imposed upon
a widow or widower by the deceased
spouse or by the latters ascendants
or descendants. Even so, however,
the legitime of the surviving spouse
cannot be impaired.
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
The condition suspends but does
not obligate; the mode obligates
but does not suspend (for he who
inherits with a mode is already an
heir; one who inherits conditionally
is not yet an heir)
DOCTRINE
of
CONSTRUCTIVE
FULFILLMENT: When without the fault
of the fault of the heir, an institucion
sub modo cannot take 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:
If 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,
devisee/legatee. If the condition is
potestative or mixed, the doctrine is
applicable.
L. LEGITIMES (ARTS 886 914)
LEGITIME
That part of the testators property
which he cannot dispose of because
the law has reserved it for certain
heirs who are, therefore, called
compulsory heirs.
IN
CIVIL LAW
those
who
have
precedence over and exclude other
CH. E.g. LCD.
2. Secondary those who succeed only
in the absence of the primary CH.
E.g. LPA or IP.
3. Concurring those who succeed
together with the primary or
secondary CH. E.g. ICD and SS.
If the testator is
a LEGITIMATE
person
If the testator is
an ILLEGITIMATE
person
1.
Legitimate
children
and
descendants
(LCD)
1.
Legitimate
children
and
descendants
(LCD)
2.
In default of
the foregoing,
legitimate
parents
and
ascendants
(LPA)
2.
Illegitimate
children and
descendants
(ICD)
3.
Surviving
spouse (SS)
3.
In default of
the foregoing,
illegitimate
parents
only
(IP)
4.
Illegitimate
children
and
descendants
(ICD)
4.
Surviving
spouse (SS)
NOTES:
See Sections 17 & 18 of R.A. 8552.
By force of the Family Code,
adopted children are deemed
legitimate children of the adopters.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
RULES:
1. Direct descending line
a. Rule of preference between lines
b. Rule of proximity
c. Right of representation ad
infinitum in case of predecease,
incapacity, or disinheritance (LC:
LD only; IC: both LD and ID)
d. If all the LC repudiate their
legitime, the next generation of
LD succeed in their own right
2. Direct ascending line
a. Rule of division by lines
b. Rule of equal division
3. Non-impairment of legitime
TABLE OF LEGITIMES
SURVIVOR
LEGITIME
LC
1 LC
SS
2 or more
LC
SS
equal to 1
LC
LC
IC
of 1 LC
LC
SS
IC
of 1 LC
NOTES
Divide by the
#
of
LC,
whether they
survive alone
or
with
concurring
CH.
All
the
concurring CH
get from the
half
free
portion, the
share of the
SS
having
preference
over that of
the IC, whose
share
may
suffer
CIVIL LAW
reduction pro
rata because
there is no
preference
among
themselves.
IN
LPA
Whether they
survive alone
or
with
concurring
CH.
LPA
IC
IC succeed in
the
in
equal shares.
LPA
SS
LPA
SS
IC
1/8
IC
SS
IC
1/3
1/3
SS
IP
IP
Any child
-excludedIt depends
Children
inherit in the
amounts
established in
the foregoing
rules.
IP
SS
Only
the
parents are of
IC
are
included.
Grandparents
and
other
ascendants
are excluded.
Divide equally
among the IC.
1/3
if
marriage is in
articulo
mortis
and
deceased
spouse
dies
within 3 mos.
after
the
marriage.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
in turn had acquired the property by
operation of law (e.g. by way of
legitime or intestate succession). The
so-called arbiter of the fate of the
reserva troncal.
3. Reservista the ascendant, not
belonging to the line from which the
property came (Justice Vitug) that is
the only compulsory heir and is
obliged to reserve the property.
NOTE: Dr. Tolentino is of the view that
even if the reservista and the originator
belong to the same line, there is still an
obligation to reserve.
4. Reservatarios the relatives of the
propositus within the 3rd degree and
who belong to the line from which
the property came and for whose
benefit
the
reservation
is
constituted. They must be related by
blood not only to the propositus but
also to the originator.
NOTE: All personal elements must be
joined
by
bonds
of
legitimate
relationship.
NOTE: In determining the right of the
reservatarios
over
the
reservable
property, there are 2 events to consider:
1. Death of propositus: all qualified
reservatarios acquire an inchoate
right. Reservista owns the property
subject to a resolutory condition.
2. Death of reservista: surviving
reservatarios acquire a perfect right.
NOTE: The NCC did not provide for the
rules on how the reservatarios would
succeed to the reservista. However, the
following rules on intestacy have been
consistently applied:
a. Rule of preference between lines
b. Rule of proximity
c. Right
of
representation
(provided
that
the
representative is a relative of
the
descendantpropositus
within 3rd degree, and that he
belongs to the line from which
the reservable property came)
d. Full blood/double share rule
in Art. 1006
IN
CIVIL LAW
Obligations of Reservista:
(1) To make an inventory of all
reservable property;
(2) To appraise value of all
reservable movable property;
(3) To annotate in Registry of
property
the
reservable
character of all reservable
immovable property;
(4) To 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.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
property passing to the reservista must
be considered as passing partly by
operation of law and partly by will of the
propositus. Thus, one half of the
properties acquired by gratuitous title
should be reservable, and the other half
should be free.
Causes for Extinguishment of Reserva
Troncal:
1. Death of reservatarios;
2. Death of all relatives of propositus
within the 3rd degree who belong to
the line from which the property
came;
3. Loss of the reservable property for
causes not due to the fault or
negligence of the reservista.
4. Waiver or renunciation by the
reservatarios;
5. Prescription of the right of the
reservatarios, when the reservista
holds the property adversely against
them in the concept of an absolute
owner;
6. Registration by the reservista of the
property as free property under the
Land Registration Act
M. DISINHERITANCE (ART 915 923)
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.
The
disinherited heir is deprived not only
of the legitime but also of such part
of the free portion that would have
passed to him by a previous will
(which is revoked, as inconsistent
with, the subsequent disinheritance)
or by intestate succession.
Requisites:
1. Effected only through a valid will;
2. For a cause expressly stated by law;
3. Cause must be stated in the will
itself;
4. Cause must be certain and true;
5. Unconditional;
6. Total; and
CIVIL LAW COMMITTEE
IN
CIVIL LAW
IMPERFECT
DISINHERITANCE
PRETERITION
1.
The
person
disinherited may be
any compulsory heir
1.
The
person
omitted must be a
compulsory heir in
the direct line
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
2. Always express
2. Always implied
3.Always intentional
3.
May
intentional
unintentional
4. Effect: Partial
annulment
of
institution of heirs
4. Effect: Total
annulment
of
institution of heirs
be
or
2. Parents/Ascendants:
a. When
the
parents
have
abandoned their children or
induced their daughters to live a
corrupt or immoral life, or
attempted against their virtue;
CIVIL LAW COMMITTEE
IN
CIVIL LAW
NOTES:
Mere civility which may characterize
their relationship, a conduct that is
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
NOTE:
Where
the
cause
for
disinheritance is likewise a ground for
unworthiness to succeed, what is the
effect of a subsequent reconciliation
upon the heirs capacity to succeed?
1. If disinheritance has been made:
Rule on reconciliation applies. The
disinheritance becomes ineffective.
2. If disinheritance has not been made:
Rule on reconciliation does not
apply. The heir continues to be
incapacitated to succeed unless
pardoned by the testator under Art.
1033.
The
law
effects
the
disinheritance.
N. LEGACIES AND DEVISES (ARTS. 924
959)
Persons charged with legacies and
devises:
(1) compulsory heir;
(2) voluntary heir;
(3) legatee or devisee;
(4) estate
NOTES:
If the will is silent with regard to the
person who shall pay or deliver the
legacy/devise,
there
is
a
presumption that such legacy or
devise constitutes a charge against
the decedents estate.
Since legacies and devises are to be
taken from the disposable free
portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.
STATUS OF
EFFECT ON THE
PROPERTY GIVEN BY LEGACY/DEVISE
CIVIL LAW COMMITTEE
IN
CIVIL LAW
LEGACY/DEVISE
1. Belonging to the
testator at the time of
the execution of the
will until his death
2. Belonging to the
testator at the time of
the execution of the
will but alienated in
favor of a 3rd person
Effective
Revoked
3. Belonging to the
testator at the time of
the execution of the
will but alienated in
favor
of
the
legatee/devisee
gratuitously
No
revocation.
There is a clear
intention
to
comply
with
legacy or devise.
4. Belonging to the
testator at the time of
the execution of the
will but alienated in
favor of the legatee or
devisee onerously
Legatee/devisee
can
demand
reimbursement
from the heir or
estate
Effective
Void
Effective
Ineffective
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
Ineffective
10.Testator
had
knowledge that the
thing
bequeathed
belonged to a third
person
and
the
legatee/devisee
acquired the property
gratuitously after the
execution of the will
Legatee/devisee
can claim nothing
by virtue of the
legacy/devise
11.Testator
had
knowledge that the
thing
bequeathed
belonged to a third
person
and
the
legatee/devisee
acquired the property
by onerous title
Legatee/devisee
can
demand
reimbursement
from the heir or
estate
NOTES:
In case of reduction in the above
cases, the inverse order of payment
should be followed.
ART. 911
ART. 950
Order of
preference:
(LIPO)
Order of preference:
(RPSESO)
1. Legitime of
compulsory
heirs
2. Donations inter
vivos
3. Preferential
legacies or
devices
4. All other
legacies or
devices pro
rata
1. Remuneratory L/D
2.Preferential L/D
3.L for support
4.L for education
5.L/D of a specific,
determinate thing
which forms a part
of the estate
All others pro rata
Application:
Application:
(1)
When
the
reduction
is
necessary
to
preserve
the
legitime
of
compulsory heirs
from impairment
donations
inter
vivos or not; or
(2)
When,
although,
the
legitime has been
preserved by the
testator
himself
there
are
donations
inter
vivos.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
4. Other 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: LIST IS NOT EXCLUSIVE
II.
LEGAL
SUCCESSION
OR
INTESTATE
CAUSES OF INTESTACY
1. If 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. Partial institution of heir. In such
case, intestacy takes place as to the
undisposed
portion
(mixed
succession);
4. Non-fulfillment
of
suspensive
condition attached to the institution
of heir;
5. Predecease of the instituted heir;
6. Repudiation by the instituted heir;
7. Incapacity of instituted heir;
8. Preterition. Intestacy may be total
or partial depending on whether or
not there are legacies/devises;
9. Fulfillment of resolutory condition;
10. Expiration of term or period of
institution;
11. Non-compliance or impossibility of
compliance with the will.
NOTE: In all cases where there has been
an institution of heir, follow the
I.S.R.A.I. order of Justice Paras. If the
Institution fails, Substitution occurs. If
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. The right
of Accretion applies to the free portion
when the requisites in Art. 1016 are
present. If there is no substitute, and
the right of Representation or Accretion
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
B. RELATIONSHIP (ARTS. 963 969)
1. Number of generations determines
proximity.
2. Each generation forms a degree.
3. 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).
5. 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.
6. Full blood: same father and mother;
half blood: only one of either parent
is the same.
7. In adoption, the legal filiation is
personal and exists only between the
adopter and the adopted. The
adopted is deemed a legitimate child
of the adopter (AP), but still remains
as an intestate heir of his natural
parents and other blood relatives.
C. RIGHT OF REPRESENTATION (RR)
(ARTS. 970 977)
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. The representative
is called to the succession by the law
not by the person represented. He
succeeds the one whom the person
represented would have succeeded.
NOTES:
In the direct line, representation
takes place ad infinitum in the
direct descending line, never in the
ascending.
In the collateral line, representation
takes place only in favor of the
children of brothers or sisters
(nephews and nieces), whether of
the full or half-blood, and only if
they concur with at least 1 uncle or
aunt.
1. Testamentary Succession
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
1. Legitimate children or descendants
(LCD)
2. Legitimate parents or ascendants
(LPA)
3. Illegitimate children or descendants
(ICD)
4. Surviving spouse (SS)
5. Brothers and sisters, nephews and
nieces (BS/NN)
6. Other collateral relatives within the
5th degree (C5)
7. State
INTESTATE SHARE
Entire estate
1/2
1/2
(Diongson vs. Cinco, 74
SCRA 118)
Consider SS as 1 LC,
then divide estate by
total number.
1/2
1/2
1/2
1/4
1/4
IP
SS
SS
BS/NN
1 LC
SS
IC
2 or more LC
SS
IC
IN
CIVIL LAW
1/2
1/2
(The law is silent. Apply
concurrence theory.)
1/2
1/2
First, satisfy legitimes.
Estate
would
be
insufficient. Reduction
must be made according
to
the
rules
on
legitimes. The legitimes
of LCD and SS shall
always be first satisfied
in preference to the ICD.
First, satisfy legitimes.
There would be an
excess in the estate.
Distribute such excess in
the proportion 1:2:2, in
accordance with the
concurrence theory.
2. LPA/IP
AP
SS
3. LPA
AP
ICD
4. LPA
AP
SS
ICD
1/3
1/3
1/3
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
3. The intestate shares are either equal
to or greater than the legitime.
4. GENERAL RULE: Grandchildren
always inherit by RR, provided
representation is proper.
EXCEPTION: Whenever all the
children
repudiate,
the
grandchildren inherit in their own
right because RR would not be
proper.
5. Nephews and nieces inherit either by
RR or in their Own Right (OR).
a. RR: when they concur with aunts
and uncles (provided that RR is
proper)
6.
7.
8.
9.
III.
MIXED
SUCCESSION
PARTIAL INTESTACY
OR
RULES:
1. The 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.
2. If 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
IN
CIVIL LAW
IV.
PROVISIONS
COMMON
TO
TESTAMENTARY
AND
INTESTATE
SUCCESSIONS
A. RIGHT OF ACCRETION (A)
(ARTS 1015 1023)
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
co-heirs,
co-devisees,
or
colegatees.
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.
Requisites:
1. 2 or more persons must have been
called to the same inheritance,
legacy or devise, or to the same
portion thereof, pro indiviso; and
2. there must be a vacancy in the
inheritance,
legacy
or
devise
(caused by predecease, incapacity,
repudiation,
nonfulfillment
of
suspensive condition or void or
ineffective
testamentary
dispositions.)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
EFFECTS of PREDECEASE, INCAPACITY,
DISINHERITANCE, or REPUDIATION in
both TESTAMENTARY and INTESTATE
SUCCESSION
CAUSE OF
VACANCY
Predecease
Incapacity
Disinheritance
Repudiation
TESTAMENTARY
SUCCESSION
Legitime
Free
Portion
1. RR
1. A
2. IS
2. IS
RR
A
2. IS
IS
1. RR
_
2. IS
IS
A
INTESTATE
SUCCESSION
(IS)
1. RR
2. IS
1. RR
2. IS
_
A
Summary:
(A)
In
testamentary succession:
(1) Legitime:
(a) In 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) In case of incapacity,
results are the same as in
predecease.
(c) In case of disinheritance,
results are the same as in
predecease.
(d) In case of repudiation by an
heir, the others inherit in
their own right.
(2) Disposable free portion:
Accretion takes place when
requisites are present; but if
such requisites are not present,
the others inherit in their own
right.
(B) In intestate succession:
(1) In case of predecease, there is
representation if there are children
or descendants; if none, the others
inherit in their own right.
(2) In case of incapacity, results are the
same as in predecease.
(3) In case of repudiation, there is
always accretion.
B. CAPACITY TO SUCCEED BY WILL OR
BY INTESTACY (ARTS. 1024 1040)
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Requisites:
1. The heir, legatee/devisee must be
living or in existence at the moment
the succession opens; and
2. He must not be incapacitated or
disqualified by law to succeed.
THE FOLLOWING ARE INCAPABLE OF
SUCCEEDING:
A. Based on Undue Influence or
Interest: (PIGRAP)
1. Priest 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,
organization
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. Physician, surgeon, nurse, health
officer or druggist who took care of
the testator during his last illness.
B. Based on Morality or Public Policy
(ART 739)
1. Those made in favor of a person with
whom the testator was guilty of
adultery or concubinage at the time
of the making of the will.
2. Those made in consideration of a
crime of which both the testator and
the beneficiary have been found
guilty.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
3. Those made in favor of a public
officer or his spouse, descendants and
ascendants, by reason of his public
office
C. Based on Acts of Unworthiness
(A4F3P)
1. Parents 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,
his/her
spouse,
descendants or ascendants;
3. Any person who has accused the
testator of a crime for which the law
prescribes imprisonment for 6 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
knowledge of the violent death of
the testator, should fail to report it
to an officer of the law within a
month, unless the authorities have
already taken action; this prohibition
shall not apply to cases wherein,
according to law, there is no
obligation to make an accusation;
6. Any person who by fraud, violence,
intimidation, or undue influence
should cause the testator to make a
will or to change one already made;
7. Any person who falsifies or forges a
supposed will of the decedent; and
8. Any person who by the same means
prevents another from making a will,
or from revoking one already made,
or who supplants, conceals, or alters
the latter's will.
NOTE: The moment the testator uses
one of the acts of unworthiness as a
cause for disinheritance, he thereby
submits it to the rules on disinheritance.
Thus,
reconciliation
renders
the
disinheritance ineffective.
PARDON OF ACTS OF UNWORTHINESS
EXPRESS
IMPLIED
1.
made by the
execution
of
a
1. effected when
testator makes a
document or any
writing in which the
decedent condones
the
cause
of
incapacity
2.
cannot
be
revoked
IN
CIVIL LAW
the
the
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
3. When renunciation is in favor of all
heirs
indiscriminately
for
consideration
4. Other acts of tacit acceptance
a. heir demands partition of the
inheritance
b. heir alienates some objects of
the inheritance
c. Under Art 1057, failure to signify
acceptance or repudiation within
30 days after an order of
distribution by the probate
court.
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
1. Any property or right received by
gratuitous title during the testators
lifetime
2. All that they may have received from
the decedent during his lifetime
3. All that their parents would have
brought to collation if alive
Properties not subject to collation (2nd
concept):
1. Absolutely
no
collation
(all
concepts):
a. Expenses for support, education
(elementary
and
secondary
only), medical attendance, even
in
extraordinary
illness,
apprenticeship,
ordinary
equipment, or customary gifts
(Art. 1067).
2. Generally not imputable to legitime:
a. Expenses incurred by parents in
giving
their
children
professional, vocational or other
career unless the parents so
provide, or unless they impair
the legitime.
b. Wedding gifts by parents and
ascendants
consisting
of
jewelry, clothing, and outfit
except when they exceed 1/10
of the sum disposable by will.
E. PARTITION AND DISTRIBUTION OF
ESTATE (ARTS. 1078 1105)
It is the separation, division and
assignment of a thing held in
common among those to whom it
may belong. It includes every act
which is intended to put an end to
indivision among co-heirs, and
legatees or devisees, although it
should purport to be a sale,
exchange, compromise, or any other
transaction. It is not subject to any
form.
Who may effect partition:
1. decedent himself during his lifetime
by an act inter vivos or by will;
2. heirs themselves;
3. competent court;
4. 3rd person designated by the
decedent.
Who can demand partition:
CIVIL LAW COMMITTEE
1.
2.
3.
4.
IN
CIVIL LAW
compulsory heir;
voluntary heir;
legatee or devisee;
any person who has acquired interest
in the estate.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
and
2. If the beneficiaries in the void will
were legal heirs.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)