Succession Ateneo 2007 | Will And Testament | Inheritance

ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER

SUCCESSION CHAPTER 1: GENERAL PROVISIONS SUCCESION - Is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law (Art. 774) KINDS OF SUCCESSION 1. Testamentary – that which results from the designation of an heir, made in a will executed in the form prescribed by law 2. Legal or Intestate – that which takes place by operation of law in the absence of a valid will 3. Mixed – that which is effected partly by will and partly by operation of law KINDS OF HEIRS 1. Compulsory – those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law, of which they cannot be deprived by the testator, except by a valid disinheritance 2. Voluntary or Testamentary – those who are instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator can freely dispose 3. Legal or Intestate – those who succeed to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will

ELEMENTS OF SUCCESSION 1. Decedent 2. Successors a. Heirs – those who are called to the whole or to an aliquot portion of the inheritance either by will or by operation on law b. Devisees or Legatees – persons to whom gifts of real or personal property are respectively given by virtue of a will. 3. Death of the Person – However, a person may be presumed dead for the purpose of opening his succession (see rules on presumptive death). In this case, succession is only of provisional character because there is always the chance that the absentee may be alive. 4. Inheritance – is the subject matter of Succession it includes: • Property and transmissible rights and obligations • Existing at the time of his death • AND those which have accrued thereto since the opening of succession. RIGHTS EXTINGUISHED BY DEATH 1. Support 2. Usufruct 3. Those arising from personal consideration 4. Personal easements 5. Partnership rights 6. Agency QuickTime™ and a decompressor 7. Life Annuity TIFF (Uncompressed) this picture. are needed to see Succession Refers to the legal mode by which inheritance is transmitted to the persons entitled to it. Inheritance Refers to the universality or entirety of the property, rights and obligations of a person who died.

CHAPTER 2: GENERAL PROVISIONS ON WILLS ELEMENTS OF A WILL 1. It is an act; 2. whereby a person is permitted; 3. with the formalities prescribed by law; 4. to control to a certain degree; 5. the disposition of his estate; 6. to take effect after his death. KINDS OF WILLS: 1. Notarial – an ordinary or attested will 2. Holographic – a handwritten will COMMON REQUISITES BETWEEN THE TWO WILLS: 1. must be in writing and 2. in a language or dialect known to the testator CHARACTERISTICS OF A WILL: 1. Unilateral 2. Strictly Personal act a. Acts which may not be left to the discretion of third persons (Articles 785 AND 787): i. Duration or efficacy of the designation of heirs, devisees or legatees;

—Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Polaris Rivas;

Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Determination of the portions which they are to take, when referred to by name; and iii. Determination of whether or not the testamentary disposition is to be operative b. Acts which may be entrusted to third persons (Article 787); i. Distribution of specific property or sums of money that he may leave in general to specified classes or causes; and ii. Designation of the persons, institutions or establishments to which such property or sums are to be given or applied. Free and voluntary act Formal and solemn act Act mortis causa Ambulatory and revocable during the testator’s lifetime Individual act ii. 3. Of sound mind, at the time of its execution; A testator is considered of sound mind if he knows at the time of making of the will the following: a. Nature of the estate to be disposed of b. Proper objects of his bounty c. Character of the testamentary act • Supervening capacity or incapacity does not affect the will because the validity of a will is determined at the time of the execution of the will. IN FAVOR OF

LEGAL PRESUMPTION SOUNDNESS OF MIND • •

3. 4. 5. 6. 7.

INTERPRETATION OF WILLS 1. Animus Testandi - The testator’s intent (animus testandi), as well as giving effect to such intent is primordial. EXCEPT: when the intention of the testator is contrary to law, morals or public policy. 2. In case of doubt, the interpretation by which the disposition is to be operative or will sustain and uphold the will in all its parts shall be adopted, provided that it can be done consistently with the established rules of law. 3. Ambiguities in Wills – Intrinsic or extrinsic evidence may be used to ascertain the testatorial intent of the testator. EXCEPT: the oral declarations of the testator as to his intentions must be excluded because such testimony would be hearsay. 4. After Acquired Property - Property acquired during the period between the execution of the will and the death of the testator is NOT included among the property disposed of. EXCEPT: When a contrary intention expressly appears on the will. QuickTime™ and a to NOTE: This rule applies decompressor legacies and only TIFF (Uncompressed) are needed to see this picture. devisees and not to institution of heirs TESTAMENTARY CAPACITY 1. All persons who are not expressly prohibited by law 2. 18 years old and above

GENERAL RULE: The law presumes that the testator is of sound mind EXCEPT: a. When the testator, one month or less, before making his will was publicly known to be insane; or b. Was under guardianship at the time of the making of his will. (Torres and Lopez de Bueno vs. Lopez, 48 Phil. 772)

CHAPTER 3: FORMS OF WILL 1. NOTARIAL WILL – a valid notarial will: a. Must be in writing and in a language or dialect known to the testator b. Subscribed at the end by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction c. Attested & subscribed by three or more credible witnesses in the presence of the testator and of one another • Mandatory Part: The signing on every page in the witnesses’ presence • NOTE: Test of presence is not whether they actually saw each other sign, but whether they might have seen each other sign had they chosen to do so considering their mental and physical condition and position with relation to each other at the moment of inscription of each signature. • Directory Part: The place of the signature, i.e. the left margin; the signature can be affixed anywhere on the page.

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Found at the left side margin of every page of the will ADDITIONAL REQUISITES FOR VALIDITY a. The fact that the testator signed the will and every page. If the Testator be Blind: The will shall be read to the testator twice i. act of the senses 2. and by the instrumental witnesses of the will. Icasiano. mental act 3. ii. e. he shall designate two persons to read it and communicate to him. or caused some other person to write his name. in the presence of the instrumental witnesses c. Found after the attestation clause at the end or last page of the will SUBSCRIPTION 1. Signatures on the left margin on each and every page NOT REQUIRED: i.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. stating the following: a. Testator must personally read the will. ATTESTATION 1. on the left margin. It must contain an attestation clause. Purpose is for identification g. act of the hand 2. mechanical act 3. must be signed by the testator or by the person requested by him to write his name. The number of pages used upon which the will is written b. its contents (Art 807) b. except the last. the first consists of all the testamentary disposition and is signed at the bottom by the testator and the witnesses and the second contains only the attestation clause duly signed at the bottom by the witnesses. if able to do so. II SCRA 422 – the inadvertent failure of one witness to affix his signature to one page of the original will due to the simultaneous lifting of two pages in the course of signing is not per se sufficient to justify denial of probate when the duplicate will shows Cruz v. • Directory Part: The pagination in letters on the upper part of each page f.the notary public cannot be counted as one of the attesting witnesses Subscription . in some practicable manner. In the last page. Icasiano vs.The manual act of instrumental witnesses in affixing their signature to the instrument. Once by one of the subscribing witnesses Page 85 of 297 . All the instrumental witnesses witnessed and signed the will and all its pages in the presence of the testator and of one another • The attestation clause need only be signed by the witnesses and not by the testator as it is a declaration made by the witnesses. Villasor. under his express direction. • The attestation clause need not be written in a language or dialect known to the testator nor to the witnesses since it does not form part of the testamentary disposition 4. ii. Purpose is to render available proof during the probate that such will had been executed in accordance with the formalities prescribed by law 4. are needed to see this picture. SUBSCRIPTION Attestation – An act of witnessing execution of will by testator in order to see and take note mentally those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a QuickTime™ and a TIFF (Uncompressed) decompressor fact. iii. When the will consists of only one page. If the Testator be Deaf or Deaf-Mute: i. Each and every page. • Mandatory Part: Pagination by means of a conventional system. It must be acknowledged before a notary public by the testator and the witnesses ATTESTATION v. 54 SCRA 31. when the will consists of two or more pages. Otherwise. Each and every page of the will must be numbered correlatively in letters placed on the upper part of each page. When the will consists of two pages.

but without the consent of the testator. and the entire will becomes void. • Once by the notary public before whom the will is acknowledged (Art 808) NOTE: Articles 807 and 808 are mandatory. • EXCEPTION: If the will is contested. e. If made after the execution of the will. Entirely written. Exception: When copy of the will is produced . Yap. • must explicitly declare that the will and the signature are in the handwriting of the testator. Of sound mind Of the age of 18 years or more Not blind. b. CANCELLATION. In the absence of such competent witness and if the court deems it necessary. If the insertion after the execution of the will was with the consent of the testator. then the insertion becomes part of the will. 104 Phil 509 – in the probate of a holographic will. and may be made in or out of the Philippines. and need not be witnessed. (Art 812) • EXCEPT: In case of dispositions appearing in a holographic will which are signed without being dated. ERASURE ALTERATION IN A HOLOGRAPHIC WILL OR 2. a. mortem probates and not to ante mortem probates since in such cases the testator himself files the petition and will identify the document himself. If the insertion after the execution is validated by the testator by his signature thereon. at least three of such witnesses shall be required (merely directory). c. FORMAL VALIDITY a. the document itself must be produced. because of failure to comply with the requirement that it must be wholly written by the testator d. HOLOGRAPHIC WILL – a holographic will is valid if it is: a. If the testator is a Filipino and the will is executed in the Philippines then its formal validity is governed by the CC of the Philippines b. If the insertion made by a third person is made contemporaneous to the execution of the will. where the last disposition has a signature and a date. failure to comply with either would result in nullity and denial of probate. the will remains valid but the insertion is void. c. then its formal validity is governed either: Page 86 of 297 Gan v. whatever be the time of prior dispositions • A holographic will is subject to no other form. d. dated. deaf or dumb Able to read and write Domiciled in the Philippines Have not been convicted of falsification of a document. If the testator is a Filipino and the will is executed in a foreign country. a lost holographic will cannot be probated. INSERTION. such date validates the dispositions preceding it. b. expert testimony may be resorted to.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ii. perjury or false testimony CHAPTER 4: LAWS GOVERNING VALIDITY OF A WILL 1. Dispositions of the testator written below his signature must be dated and signed by him in order to validate the testamentary dispositions. who knows the handwriting and signature of the testator c. (Art 811) QuickTime™ and a NOTE: This(Uncompressed) decompressor only to post article applies TIFF are needed to see this picture. f. such insertion is considered as not written because the validity of the will cannot be defeated by the malice or caprice of a third person b. In writing and in a language or dialect known to the testator b. (Art 810) PROBATE OF HOLOGRAPHIC WILL a. then the will is void because it is not written entirely by the testator WHO MAY BE A WITNESS TO A WILL – Any person may be a witness provided he is: a. and signed by the hand of the testator himself c. There must be at least one witness.

then its formal validity is governed either: i. Through a codicil which may either be notarial or holographic ELEMENTS OF A CODICIL d. By the law of his own country REQUISITES REFERENCE Intrinsic validity VALIDITY OF JOINT WILLS • Two or more persons cannot make a will jointly. decree of legal separation b. when heir. By the law of the country where he resides iv. By the CC of the Philippines ii. the document or paper referred to in the will must be in existence at the time of the execution of the will 2. EXPRESS – When there is a revocatory clause expressly revoking the previous will or a part thereof • CHAPTER 5: AMENDMENTMENT.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 i. substantial transformation of specific thing bequeathed e. By operation of law – instances of revocation by operation of law: a. Notarial – only through a codicil 2. Order of succession Capacity to succeed Amount of successional rights Intrinsic validity (Art 16) BY 1. By the law of the place where the will was made By the CC of the Philippines are also dated and signed. By the CC of the Philippines 2. or in the same instrument. If the testator is a foreigner and the will is executed in the Philippines. except in case of voluminous books of account or inventories REVOCATION OF WILLS 1. SUBSTANTIVE VALIDITY ASPECTS OF THE WILL GOVERNED NATIONAL LAW OF THE DECEDENT: a. (669) NOTE: Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines. REVOCATION AND REPUBLICATION OF WILLS QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. codicil or other writing executed as provided in case of wills a. added to or altered FOR INCORPORATION BY c. 4. either for their reciprocal benefit or for the benefit of a third person. it must be signed by the testator and the witnesses on each and every page. 2. Certain dispositions or additional matter may be suppressed or inserted PROVIDED that said cancellation is signed by the testator and written by the hand of the testator himself c. stating among other things the number of pages thereof 3. c. 3. PROVIDED that said dispositions Page 87 of 297 . legacy or credit against third person or remission of debt was provided in will and subsequently. By the execution of a will. 1. preterition c. the will must clearly describe and identify the same. devisee or legatee commits any of the acts of unworthiness 2. AMENDMENT OF WILLS 1. it must be identified by clear and satisfactory proof as the document or paper referred to therein 4. By the law of his own country iii. b. It is a supplementary or addition to a will made after the execution of the will and annexed to be taken as a part thereof by which any disposition in the original will may be explained. and everything is written by the hand of the testator himself b. By the law of the place where the will was made ii. Holographic – in three ways a. testator brings action against debtor d. even though authorized by the laws of the country where they may have been executed. Dispositions may be added below the signature. ii. If the testator is a foreigner and the will is executed in a foreign country. then its formal validity is governed either: i. d.

837. a. expressly revoking Will 1 • In 1990. Performed by the testator himself or by some other person in his presence and express direction LAWS WHICH GOVERN REVOCATION 1. When the testator provides in the subsequent will that the revocation of the prior one is dependent on the capacity or acceptance of QuickTime™ and a the heirs. REPUBLICATION AND REVIVAL OF WILLS • If the testator wishes to republish a will that is void as to form. Previously revoked 3. and by his express direction. Actual physical act of destruction. which can be revived only by another will or codicil. IMPLIED – When the provisions thereof are partially or entirely inconsistent with those of the previous wills 3. even though the will wherein it was made should be revoked.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. a. Testamentary capacity at the time of performing the act of destruction. Completion of the subjective phase. or b. Laws of the place where the will was made. the testator makes a second will expressly revoking the first. (dependant relative subsequent will revocation) REVOCATION BASED ON A FALSE OR ILLEGAL CAUSE • Revocation based on a false or illegal cause is null and void. (90 Phil 37). The cause must be concrete. or legatees instituted in the TIFF (Uncompressed) decompressor are needed to see this picture. Intent to revoke (animus revocandi). or obliterating the will with the intention of revoking it. Art. X executed Will 1 • In 1987. The recognition of an illegitimate child does not lose its legal effect. Art. If the revocation takes place outside the Philippines. If the revocation takes place in the Philippines whether the testator is domiciled in the Philippines or not. Molo. • REPUBLICATION Takes place by an act of the testator Corrects extrinsic and extrinsic defects REVIVAL Takes place by operation of law Restores a revoked will Page 88 of 297 . If after making a will. devisees or legatees designated therein. REQUISITES: a. by a testator who is domiciled in the Philippines. by the testator himself. d. the only way to republish it is to execute a subsequent will and reproduce it The testator need only execute a subsequent will or codicil referring to the previous will if the testator wishes to republish a will that is either: a. the revocation of the second will does not revive the first will. Laws of the Philippines 2. tearing. EXCEPTION: Molo v. It must be false c. It must appear from the will that the testator is revoking because of the cause which is false. By burning. AND e. devisees. Art. canceling. factual and not purely subjective b. even if the new will should become inoperative by reason of the incapacity of the heirs. c. Laws of the place in which the testator had his domicile at the time of the revocation. X executed Will 3. Laws of the Philippines Revocation done outside the Philippines by a testator who is not domiciled in this country. or by some other person in his presence. a. b. 832 A revocation made in a subsequent will shall take effect. Void for reason other than a formal defect b. 834. FACTS DEMONSTRATING ART 837 • In 1985. revoking Will 1 CONCLUSION ON THE FACTS • The Revocation of Will 2 by Will 3 does not revive Will 1 • This demonstrates the theory of instant revocation because the revocatory effect of the second will is immediate upon the first will • NOTE: This article only applies where the revocation of the first will by the second will is express. X executed Will 2. or by their renunciation. REQUISITES: a. The testator must not know of its falsity d.

they are instituted simultaneously and not successively RULES ON A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE KINDS OF PROBATE 1. Directory . If the testator was insane. or the influence of fear. That the will was signed by the required number of witness iv. the probate court may pass upon the intrinsic validity of the will when its probate might become an idle ceremony if on the will’s face it appears to be intrinsically void. duress.designation of name and surname b. It is an act by virtue of which a testator designates in his will 2. The will is formally valid 5. 17 SCRA 449. If it was TIFF (Uncompressed) decompressorforce or under executed through are needed to see this picture. f. No vice of consent is present 6. PROBATE OF A WILL a. If the signature of the testator was procured by fraud. QuickTime™ and a c. Probate of a will is mandatory c. A special proceeding required for the purpose of establishing the validity of the will. Mandatory – identity of the heir must be established. The person so named has capacity to succeed 4. b. on the part of the beneficiary or of some other person. otherwise void disposition. or threats. If the testator acted by mistake or did not intend that the instrument should be his will Page 89 of 297 . the designation must be resolved by discerning the testator’s intent. at the time of thereto. b. Equality – heirs who are instituted without a designation of shares inherit in equal parts 2. That the will is genuine EXCEPTION: Nuguid v. intestacy to that portion results. If it was procured by undue and improper pressure and influence.grounds for disallowance of a will: a. rights and obligations REQUISITES FOR A VALID INSTITUTION OF HEIR 1. NOTE: If there is ambiguity in the designation. No preterition results from the effect of such will THREE PRINCIPLES IN THE INSTITUTION OF HEIRS 1. If the ambiguity cannot be resolved. If the formalities required by law have not been complied with. at the time of its execution. or otherwise mentally incapable of making a will. Will specifically assigns to such person an inchoate share in the estate. Post-Mortem – after the testator’s death 2. DISALLOWANCE OF WILL . which include the following: i. Ante-Mortem – during his lifetime FINAL DECREE OF PROBATE • Once a decree of probate becomes final in accordance with the rules of procedure it becomes Res Judicata • It is conclusive as to the due execution of the will (extrinsic validity only) 2. unless his identity becomes certain.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CHAPTER 6: ALLOWANCE AND DISALLOWANCE OF WILLS 1. Individuality – heirs collectively instituted are deemed individually named unless a contrary intent is proven 3. That his consent was not vitiated iii. Simultaneity – when several heirs are instituted. e.(Art 839) REVOCATION Voluntary act of the testator With or without cause May be partial or total affixing his signature DISALLOWANCE Given by judicial decree Always for a legal cause Always total EXCEPT when the ground of fraud or influence for example affects only certain portions of the will CHAPTER 7: INSTITUTION OF HEIRS INSTITUTION OF HEIR 1. Designation in will of person/s to succeed a. The probate court can only inquire into the extrinsic validity of testamentary provisions. Nuguid. 2. d. That the testator was of sound and disposing mind ii. the person or persons who are to succeed him in his property and transmissible 3. 3.

RULES ON INSTITUTION OF ALIQUOT SHARE LESS THAN OR IN EXCESS OF THE WHOLE ESTATE: 1. There are more than one instituted heir b. If the omitted compulsory heir should die before the testator. Vulgar or Simple – the testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should: a. die before him (PREDECEASE) b. However. A devise or legacy has been given to the heir b. Reciprocal – if heirs instituted in unequal shares should be reciprocally substituted. If one has no compulsory heirs: a. The omission must be that of a COMPULSORY HEIR 3. 2. compulsory heir his share in the free is merely restored to his portion not disposed of legitime by way of legacies or devises CHAPTER 8: SUBSTITUTION OF HEIRS CLASSES OF SUBSTITUTION: 1. some or all of the heir/s in the will QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Brief or Compendious – two or more persons may be substituted for one. The aliquot parts of each share do not cover the whole inheritance 3. renounces. and one person for two or more heirs 3. Devises and legacies shall remain valid as long as they are not inofficious 3. the institution shall be effectual. to only one heir If the heir institutes several heirs to an aliquot part of the 2. The omitted compulsory heir must be LIVING at the time of testator’s death or must at least have been CONCEIVED before the testator’s death 5. or incapacitated. Each heir’s share shall be proportionally increased: a. The institution of heir is annulled 2. The testator intended the heirs to inherit the whole estate c. should be incapacitated to accept the inheritance (INCAPACITATED) 2. he must respect restrictions imposed by special laws 2. unless it clearly appears that the intention of the testator was otherwise. (RENOUNCE) or c. If one has compulsory heirs: a. If there are more than one substitute. Each heir’s share shall be proportionally decreased: a. The aliquot parts of each share exceed the whole inheritance PRETERITION 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. There must be an omission of one. without prejudice to the right of representation DISTINGUISH PRETERITION FROM DISINHERITANCE PRETERITION DISINHERITANCE Deprivation of a Deprivation of the compulsory heir of his compulsory of his legitime legitime is tacit is express May be voluntary but Always voluntary the law presumes that it is involuntary Law presumes that Done with a legal cause there has been merely an oversight or mistake on the part of the testator Omitted heir gets not If disinheritance is only his legitime but also unlawful. Anything is left from the inheritance which the heir may get by way of intestacy EFFECTS OF PRETERITION: 1. It appears from the face of the will that the testator would not have made the institution had he known the falsity of the cause. should not wish. He can give his estate to any person qualified to inherit under him b. Cause must be shown to be false 3. He can give only the disposable portion to strangers b. Page 90 of 297 . the heir institutes an aliquot portion of the estate b. Compulsory heir omitted must be of the DIRECT LINE 4. Intestacy Results if a. Legitimes of compulsory heirs must be respected REQUISITES FOR THE ANNULMENT OF INSTITUTION OF HEIRS: 1. : There is no omission if a. The omission must be complete and total in character. the substitute shall acquire the share of the heir who dies. The testator intended the heirs to inherit the whole estate c. Cause of institution of the heirs must be stated in will 2. There are more than one instituted heir b. A donation inter vivos has been previously given to the heir c.

The fideicommissary substitution must be expressly made 5. application of the property left by the testator or the charge imposed on him 4. consider same only as a suggestion The condition suspends but does not obligate.) • RULES ON POTESTATIVE. in cases of contravention 2. POTESTATIVE Positive Potestative Condition: • General Rule – must be fulfilled as soon as the heir learns of the testator’s death • EXCEPTION a. Such substitution must not go beyond one degree from the heir originally instituted 3. or a past event unknown to the parties. • If ALREADY FULFILLED at the time of execution of the will a. Modal Institution – the statement of the institution.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 they shall have the same share in the substitution as in the institution 4. If testator unaware of fact of fulfillmentdeemed fulfilled b. Suspensive term – one that merely suspends the demandability of a right. the mode obligates but does not suspends (for he who inherits with a mode is already an heir. The heir instituted to such condition is called the first heir or fiduciary heir.if the testator institutes an heir with an obligation to deliver to another the property so inherited. CHAPTER 9: CONDITIONAL TESTAMENTARY DISPOSITIONS AND DISPOSITIONS WITH A TERM TESTAMENTARY DISPOSITIONS 1. Fideicommissary Substitution . Causal Condition – condition us casual if it depends upon chance and/or upon the will of a third person 6. Disposicion Captatoria – condition that the heir shall make some provision in his will of the testator or of any other person (prohibited because it willTIFF (Uncompressed) decompressor the will a make QuickTime™ and a of the making contractual act) are needed to see this picture. If it can no longer be fulfilled again – deemed fulfilled ii. Potestative Condition – one the fulfillment of which depends purely on heir 8. consider the same as mode • When in doubt as to whether there is a mode or merely a suggestion. and interests. It is sure to happen 9. The fiduciary or first heir and the second heir are living at the time of the death of the testator 4. the one to receive the property is the fideicommissary or second heir REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION: 1. CASUAL OR MIXED Positive • GENERAL RULE – may be fulfilled at any other time (before testator’s death). 5. the condition was already complied with at the time the heir learns of the testator’s death b. Mixed Condition . The fideicommissary substitution is imposed on the free portion of the estate and never on the legitime • NOTE: Pending the transmission of the 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. unless testator provides otherwise. CASUAL AND MIXED CONDITIONS 1. if casual – not applicable Page 91 of 297 . upon which the performance of an obligation depends 2. Term – the day or time when an obligation either becomes demandable or terminates 3.It is mixed if it depends both partly upon the will of the heir himself and upon chance and/or the will of a third person 7. A fiduciary or first heir instituted entrusted with the obligation to preserve and to transmit to a fideicommissary substitute or second heir the whole or part of the inheritance 2. Condition – future or uncertain event. the condition is of such nature that it cannot be fulfilled again Negative Potestative Condition: • Heir must give security to guarantee the return of the value of property. If testator aware thereof – i. one who inherits conditionally is not yet an heir. Caucion Muciana – bond or security that should be given in favor of those who would get the property if the condition not be complied with INTERPRETATION • When in doubt whether there is a condition or merely a mode. If it can be fulfilled again – must be fulfilled again Constructive Compliance a. fruits.

valid 3. condition is fulfilled 2. Death of either spouse during the pendency of a petition for legal separation – dismissal of the case Illegitimate children and descendants (legitimate or illegitimate) • Illegitimate children and descendant GENERAL RULES IN ASCERTAINING LEGITIMES 1.considered not written CHAPTER 10: LEGITIMES • • The portion of the decedent’s estate reserved by law is called the legitime. Direct descending line a. Mere estrangement is not a ground for the disqualification of the surviving spouse as heir b. Non-impairment of legitime . Legitimate Children or Descendants ½ of the net estate ½ of the net estate CLASSES OF COMPULSORY HEIRS 1. until arrival of the term CONDITIONS PROHIBITING MARRIAGE 1. with respect to their legitimate children and descendants QuickTime™ and a 3. The heirs for whom the law reserves such portion are called compulsory heirs. Testator is a Legitimate Person Legitimate children and descendant In default of the foregoing.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. if 3rd party not interested – not applicable EFFECTS OF SUSPENSIVE CONDITION OR TERM • The estate shall be placed under administration until 1. unless the testator provides that it should be considered part of the legitime. with respect to their legitimate parents and ascendants 2.Any compulsory heir who was given title less than his legitime may demand that the same be completed (Art 906) EXCEPTIONS: a. Testamentary dispositions made by the predecessor to the compulsory heir. legitimate parents and ascendants Surviving spouse Testator is an Illegitimate Person Legitimate children and descendants Illegitimate parents and ascendants In default of the foregoing. SHARES OF COMPULSORY HEIRS 1. Effect of decree of legal separation: Share of legitimate children and descendants Free portion Page 92 of 297 . Secondary – those who succeed only in the absence of the primary heirs • Legitimate parents and ascendants (legitimate). On the innocent spouse – no effect c. until it becomes certain condition will never be fulfilled 3. if mixed – i. Rule of division by line b. If a subsequent marriage is prohibited as imposed by the deceased spouse or by his/her ascendants or descendants . Rule of proximity c. • NOTE: a. the primary or the secondary compulsory heirs • Widow or widower (legitimate) – the surviving spouse referred to is the spouse of the decedent. On the offending spouse – disqualified ii. Rule of preference between lines b. Primary – those who have precedence over and exclude other compulsory heirs • Legitimate children and descendants (legitimate). If the predecessor gave the compulsory heir a donation inter vivos and provided that it was not charged against the legitime (Art 1062) b. Concurring –TIFF (Uncompressed) decompressor together with those who succeed are needed to see this picture. If dependent partly on chance – not applicable ii. if 3rd party interested – applicable 2. Rule of equal division 3. if a subsequent marriage is prohibited and imposed by anyone else. If a first marriage is prohibited – condition considered always as not imposed 2. illegitimate parents only Surviving spouse i. Direct ascending line a. incapacity or disinheritance 2. If dependent partly on will of third party – 1. Right of representation ad infinitum in case of predecease.

With illegitimate and legitimate children or descendant. Illegitimate children only. Surviving spouse. Surviving spouse Equal to the portion of the legitime of each legitimate child ½ of the share of each legitimate child Whatever remains parents or Surviving spouse. Illegitimate parents only. Determination of the amount of the legitime from the total thus found. surviving spouse ½ of the net estate Portion equal to the legitime of each of the legitimate children or descendant Whatever remains or ascendants. Surviving spouse only. 2. Determination of all debts and charges which are chargeable against the estate. Determination of the net value of the estate by deducting all the debts and charged from the gross value of the estate. Legitimate parents or ascendants. 11. 5. 3. Page 93 of 297 Share of legitimate parents ½ of the net estate QuickTime™ and a and ascendants TIFF (Uncompressed) decompressor Illegitimate children are needed to see this picture. 4. Share of illegitimate parents only Free portion Share of illegitimate parents Share of the surviving spouse Free portion ½ of the net estate ½ of the estate ¼ of the net estate ¼ of the estate ½ of the estate Share of legitimate parents or ascendants Share of the surviving spouse Free disposable portion 7. ½ of the net estate ¼ of the free portion ¼ of the estate Illegitimate children. Illegitimate children. ½ of the net estate Illegitimate children ½ of the net estate Free portion One legitimate child or descendant. Surviving Share of legitimate children Share of the surviving spouse Free disposable portion 6. ½ of the net estate ¼ of the net estate ¼ of the estate 10.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. legitimate children.net estate ¼ of the Free portion ¼ of the estate 9. Legitimate spouse parents 12. Legitimate Parents and Ascendants Share of legitimate parents and ascendants Free portion of the estate 3. Exception: Marriage in articulo mortis Surviving spouse only Free portion Surviving spouse only (marriage in articulo mortis) Free portion ½ of the net estate ½ of the estate 1/3 of the net estate 2/3 of the estate Two or more legitimate children or descendant. Illegitimate children Share of a legitimate child Share of the surviving spouse Free disposable portion 4. Share of illegitimate children Free portion ½ of the net estate ½ of the estate 13. Legitimate ascendants. Illegitimate children STEPS IN DETERMINING THE LEGITIME OF COMPULSORY HEIRS: 1. Legitimate descendant. ½ of the net estate ½ of the legitime of each legitimate children or ascendant Whatever remains Share of legitimate parents and ascendants Surviving spouse Illegitimate children Free portion ½ of the net estate 1/8 of the estate ¼ of the estate 1/8 of the estate Share of children and descendants Share of each illegitimate children Free portion 5. Illegitimate children children and Share of legitimate children and descendants ½ of the net estate . surviving spouse 1/3 of the net estate 1/3 of the net estate 1/3 of the net estate Share of illegitimate children Share of surviving spouse Free portion 8. With surviving spouse. Collation or addition of the value of all donations inter vivos to the net value of the estate. Surviving spouse. Determination of the gross value of the estate at the time of the death of the testator.

b. an law by ascendant (RESERVISTA) from his descendant (PROPOSITUS) upon the death of the latter. RESERVATARIOS – The relative of the propositus within the 3rg degree and who belong to the line from which the property came and for whose benefit reservation is constituted. Distribution of the residue of the estate in accordance with the will of the testator. and that he belongs to the line from which the reservable property came d. 2. is obliged to reserve the property form the benefit of relative within the 3rd degree and who belong from the same line from which the property came from. To prevent person outside a family from acquiring. reduce the donations inter vivos according to the inverse order of their dates 8. not belonging to the line from which the property came that is the only compulsory heir and is obliged to reserve the property. Page 94 of 297 . The propositus should have died without any legitimate issue in the direct descending line who could inherit from him. PROPOSITUS – The descendant who died and from whose death the reservistas in turn had acquired the property by operation of law. The property should haveandbeen acquired by QuickTime™ a TIFF (Uncompressed) decompressor operation ofare needed to see this picture. either by legitime or intestacy 2. By partitioning it and assigning the property to parties other than the reservista 3. the reservista had no power to appoint. which reservatarios were to get the reserved property PURPOSE OF RESERVA TRONCAL: 1. NOTE: gratuitous encompasses transmissions by donation and succession. 3. REQUISITES OF RESERVA TRONCAL 1. 4. • NOTE: The Civil Code did not provide for the rules on how the reservatarios would succeed to the reservista. If legitime is impaired. They must be related by blood not only to the propositus but also to the originator. Second. By bequeathing or devising it either to the potential reservista or to other third person c. 41 Phil 495. CHAPTER 11: RESERVA TRONCAL Reserva Troncal . 3. RESERVISTA – The ascendant. CFI. Rule of proximity c. reduce pro-rata non-preferred legacies and devises. Rule of preference between the lines b. Substituting or alienating the property b. “full blood/double share” rule in Article 1006 NOTE: Gonzales v. reduce pro rata the preferred legacies and devises c. • It constitutes as an exception to both the system of legitime and the order of intestate succession. ORIGINATOR – the ascendant. Alcala. the following rules on intestacy have been consistently applied: a. by will. property which otherwise would have remained with the said family. To reserve certain properties in favor of certain persons. First. To maintain a separation between paternal and maternal lines. by some chance or accident. The property should have been previously acquired by gratuitous title by the propositus from another ascendant or from a brother or sister (ORIGINATOR). Right of representation – provided that the representative is a relative within the 3rd degree. NOTE: Nieva v. brother or sister from whom the propositus had acquired the property by gratuitous title 2. and the testamentary dispositions. the following reductions shall be made: a.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 6. NOTE: by operation of law is limited to succession. all relationships must be legitimate PERSONAL ELEMENTS 1. However.” Note: Prepositus can terminate the reserva by: a. The so called “ARBITER OF THE FATE OF THE RESERVA TRONCAL. 104 Phil 479.The reservation by virtue of which an ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant or a brother or sister. Third. 7. Imputation of all the value of all donations inter vivos made to compulsory heirs against their legitimes and of the value of all donations inter vivos made to strangers against the disposable free portion and restoration to the hereditary estate if the donation is inofficious.

a. it does not have to be in a will.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RIGHT OF THE RESERVATARIOS OVER THE RESERVABLE PROPERTY 1. 4.” no particular form In unworthiness. only with respect to nephews and nieces. Confusion or merger of rights 6. In case of spouse. However. The ownership is subject to a resolutory condition 3. CHAPTER 12: DISINHERITANCE GROUNDS FOR DISINHERITANCE CAUSES OF VACANCYQuickTime™ and a IN SUCCESSION TIFF (Uncompressed) decompressor are needed to see this picture. Accretion DISINHERITANCE 1. Substitution Page 95 of 297 . 2. 5.Something happens to the heir HOW VACANCIES ARE FILLED 1. 6. In collateral line. Reserva Maxima Much of the potentially reservable property as possible must be demed included in the part that passes by operation of law Maximizes the scope of reserva Rerserva Minima Every single property in the Prepositus estate must be deemed to pass. REQUIREMENTS FOR VALID DISINHERITANCE EXTINGUISHMENT OF RESERVA TRONCAL 1. Representation 3. The death of the all the Reservatorios’ 3. 5. Death of Propositus – qualified reservatario merely acquire an inchoate right. ascendant. 7. The right of ownership is registrable 2. For a cause expressly stated by law. Conviction necessary b. 2. Counterpart in intestate is unworthiness. Total Fortuitous loss of the reserved property 5. it should be considered to have revoked the inheritance as well as the unworthiness. descendant a.The heir does something 3. Only in cases of testate succession. the right of ownership is alienable 4. As long as there is reconciliation. Preterition 7. Disinheritance . Heir is being deprived of his legitime. 12. reconciliation does not erase the fact that the heir is unworthy. RIGHT OF THE RESERVISTA OVER THE RESERVABLE PROPERTY 1. Include both attempted and frustrated. If grounds for disinheritance and unworthiness are common. 13. Cause must be expressly state in the will itself. Grounds for Disinheritance Common To All Compulsory Heirs 1. no conviction needed c. Cause must be certain and true. Only in the descending line. 9. Ineffective disinheritance v. in the same proportion that the part given by will bears to the part not so given Minima finds wider acceptance here 10. 6. 4. 3.The testator creates it himself 2. spouse. 8. Will containing disinheritance must be probated. partly by will and partly by operation of law. Attempt on the life of testator. Total. In the free portion. there must a pardon in writing to remove incapacity to inherit. Effected only through a valid will. Prescription or adverse possession 1. Reconciliation – when in “speaking terms again. the disinherited heir can be represented in the legitime. AND The heir disinherited must be designated in such a manner that there can be no doubt as to his identity. Repudiation . 11. 1. never in the ascending b. provided none is born subsequently 4. The right of the reservista over the reserved property is one of ownership 2. Death of Reservista – surviving reservatarios acquire a perfect right. Renunciation by all Reservatorios. Incapacity/Predecease . 3. giving cause for legal separation. SAI Even if validly disinherited. heir can still be validly restored in the legitime by RECONCILIATION. Effect: Heir loses legitime. The reservistas own the property subject to the resolutory condition 2. The death of the Reservista 2. Unconditional. However.

Abandonment by parents a. It does not punish the result but the interference in the making/changing of the will. Only refers to abandoned child. d. Attempt on the life of one parent against another parent. a. Induced daughters to lead a disgraceful life – also applicable to sons. Parent v. b. OK e. Will + amended will + disinheritance (will changing) 4. Vices of consent. Commission of crime which carries with it the penalty of civil interdiction a. Grounds for Disinheritance Only against spouse – refers to legal spouses only. No need to prove grounds unless contested by the heir. Giving cause for legal separation a. 3. Reclusion temporal. Chismis – not the one referred here. May be spoken or written. something which caused the testator to be humiliated. d. Spouses: mutual obligation to give support c. 2. Ground for Disinheritance Ascendants (Parents) Only against 1. may be consummated.. d. b. not actually imposed. Legal separation instituted but not terminated. Descendant convicted of crime with civil interdiction. estafadora. not actually imposed. authority. Induce testator to make/change the will.e. Ascendant of testator 3. c. 4. Maltreatment of testator a. c. Made by the heir in a proceeding as a complainant or witness in a criminal case. 2. offensive language. e. Penalty imposable. d. B) • Loss of parental authority 1. Laying hands if not under attempt on life. By deed – no need for violence. No need for conviction. Even if parents are not married. Support unjustifiably not given. Spouse has TIFF (Uncompressed) decompressor given QuickTime™ and a loss of parental cause for are needed to see this picture. but it must exist. Prove infidelity if cause is contested c. However. Willfully left the children to fend for themselves b. Leading a disgraceful life (or dishonest) i. EXCEPT for those enumerated in A. a. Attempt on life of relatives. Will – purely personal b. 4. 5. By word – slander. Reason must be unjustifiable Grounds for Disinheritance Common between Ascendants and Descendants • Adultery and Concubinage – with the spouse of the testator It must be the heir who committed such liaison With the legal spouse of the testator Not necessarily incestuous Applicable to both legitimate and illegitimate descendant Grounds for Descendant Disinheritance Only against 1. Abdication of parental duties. insult. c. libel. there is a need to disinherit 1. it is outside criminal proceeding. Causes: Arts. it is still a ground. Will + disinheritance (will making) e. It is then false. d. 230. b. 3. No actual deprivation. 232 of the Family Code 2. As long as the heir can prove that there is an attempt. c. There are no common grounds between spouse and descendants. Necessarily imposable. legally married to each other 1. Found to be groundless. Groundless – court should make a positive finding that the testator has not committed the crime. 2. a. No need for previous conviction b. Ground is conclusive ii. 231. 2.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. Page 96 of 297 . They do not need to be spouses. drug dealers. Must prove obligation to give support b. false. Grounds for Disinheritance Common Ascendant and Spouse (in addition to A. reclusion perpetua. the testator must be a common child. prostitutes. a. 3. parent b. drug addict. daughter living with a married man. Accusation of a crime with penalty of six years or more. But. If there is already a decree: i. It means that the act is committed which may be a cause for loss of parental authority over their common children.

3. Legacies for Support 4. Legatee or devisee. Support – refusal to give support to the children a. legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime IMPERFECT DISINHERITANCE Person disinherited may be any compulsory heir Always express Always intentional Effect: partial annulment of institution of heirs PRETERITION The person omitted must be a compulsory heir in the direct line Always implied May be intentional or unintentional Effect: total annulment of institution of heirs • ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL LEGACIES AND DEVICES 1. annulment of the testamentary disposition only in so far as they prejudice the legitime of the person disinherited. If the will is silent as to who shall pay or deliver the legacy/devise. Legacies for Education 5. All others. the heir continues to be incapacitated to succeed unless the testator pardoned him under Art. by any title or for any cause. 4. determinate thing which forms a part of the 6. If the testator had made disposition of the entire estate. 2. Parents share in support of their common children. estate 7. f. 1033. Voluntary heir. does not affect the dispositions of the testator with respect to the free portion 2. If the testator did not dispose of the free portion. If the thing bequeathed or devised is totally lost during the lifetime of the testator. Estate. Nullity of the will which contains the disinheritance • NOTE: Where the ground for disinheritance is also a ground for unworthiness to succeed. alienates the thing bequeathed or devised or any part thereof 3. or after his death without the heir’s fault REVOCATION OF DISINHERITANCE 1.Disinheritance which does not have one or more of the essential requisites for its validity. iii. the provisions on institution of heirs are generally applicable to them EFFECTS OF IMPERFECT DISINHERITANCE 1. Offended the testator b. Refusal of the other spouse causes damage to the other. Remuneratory legacies or devises 2. pro-rata WHEN LEGACY/DEVISE CAN BE REVOKED BY OPERATION OF LAW 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effects: Guilty spouse is not entitled to inherit. Subsequent institution of the disinherited heir 3. Reconciliation 2. 2. there is a presumption that such legacy or devise constitutes a charge against the decedent’s estate Since legacies and devises are to be taken from the disposable free portion of the estate. the disinheritance becomes ineffective 2. what QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. If disinheritance has not been made: The rule on reconciliation does not apply. Devisees. is the effect of a subsequent reconciliation upon the heir’s capacity to succeed? 1. Page 97 of 297 . Legacies or devises declared by the testator to be preferential 3. compulsory heir given all that he is entitled to receive as if the disinheritance has not been made. If the testator transform the thing bequeathed or devised in such a manner that it does not retain its form and denomination 2. Common children of the testator and the spouse c. • Compulsory heir. If disinheritance has been made: Rule on reconciliation applies. without prejudice to lawful dispositions made by the testator in favor of others 3. If the testator. (testator) IMPERFECT DISINHERITANCE Imperfect Disinheritance . Spouse refuses to give support to the child d. See 10 causes under the Family Code. CHAPTER 13: LEGACIES AND DEVICES PERSONS CHARGED WITH LEGACIES AND DEVICES: 1. Legacies or devises of a specific.

Substitution occurs. Resolutory condition happens. which could result to unequal shares when there is only one grandparent in the maternal line while both grandparents survived in the paternal side. Disinheritance e. 6. 205 SCRA 324.not related by blood. sale of the thing to pay the debts of the deceased during the settlement of his estate.S. the rule of Intestate succession shall take over. Preterition are needed to see this picture. he can represent the person whose inheritance he has Page 98 of 297 renounced. Spouse . it being understood that in the latter case the legacy or devise shall be without only with respect to the part alienated EXCEPT: when the thing should again belong to the testator after alienation. CHAPTER 14: GENERAL PROVISIONS ON LEGAL OR INTESTATE SUCCESSION CAUSES OF GENERAL INTESTATE SUCCESSION IN 1. The right of Accretion applies to the free portion when the requisites in Article 1016 are present. 2. The thing bequeathed is totally lost during the lifetime of the testator. Ascending line is always preferred over collateral 5. Institution subject to conditions i. fiction by law created by adoption. Intestate heirs always related by blood. Suspensive condition did not happen ii. If the legacy is a credit against a third person or the remission of a debt. Rule of equal division– – the relatives who are in the same degree shall inherit in equal shares same class Exception: a. Incapacity of Unworthiness 3. (Uncompressed) decompressor TIFF f. 3. Expiration of term or period of institution BASIC PRINCIPLES IN INTESTATE SUCCESSION 1. In the absence of qualified heirs a. Testator did not make any will. and the right of representation or accretion does not apply. b. follow the I. Repudiation (one or all) c. If there is no substitute. c. or after his death without the heirs fault. If there is no substitute. Ineffective disinheritance (a portion) b. 3. Adoptive relation – adopter/adopted. Sayson v. 2. purely personal c.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. Will not probated.R. CA. and the testator. Collateral – half or full blood b. Annulment of institution of heirs. incapacity or disinheritance. When will loses its validity. QuickTime™ and a e. . Incapacity d. Other Causes: nullity of the will. In the absence of applicable valid will a. right of Representation applies in the direct descending line to the legitime of the vacancy is caused by predecease. i. Descending line – difference in class in the cases of legitimate or illegitimate filiation. Descending line is always preferred over ascending and collateral lines. stranger in the family b. Predecease 2. State – in the event no heir can inherit. Ascending line – the shares are divided equally between maternal and paternal lines. although a renouncer cannot be represented.A. If the Institution fails. noncompliance with suspensive conditions affecting the bequests. Revocation. order of Justice Paras. Direct line is always preferred over collateral 4. The nearer excludes the farther (rule of proximity) – the relative nearest in degree exclude the farther one. accretion takes place. In case of paternal/maternal lines ii. Except: a. 2. subsequent to the making of the will brings an action against such debtor for payment iii.I. Testator transforms the thing bequeathed in such a manner it does not retain either the form or the denomination it had. Disinheritance • NOTE: In case of repudiation. d. The testator by any title or for any cause alienates the thing bequeathed. NOTE: In all cases where there has been an institution of heirs. REPRESENTATION Representation Occurs: Instances when VALIDITY AND EFFECT OF LEGACY/DEVISE Please Refer to Succession Table 1 GROUNDS FOR REVOCATION OF LEGACIES OR DEVISES 1. 4. or any part thereof. 1.

or becomes incapacitated or be disinherited by B. Legitimate Children/Descendants Illegitimate Children/Descendants Legitimate Parents/ Ascendants Illegitimate Parents Surviving Spouse Brothers. Nieces Other Collaterals – to the 5th degree State QuickTime™ and a 1. becomes incapacitated. 7. (Art 992) The Barrier rule only applies if there is a legitimate and illegitimate relation. NOTE: If all the brothers and sisters are disqualified. c. 2.in the direct descending line only. C cannot inherit from B if A predeceases. Nephews. In the collateral line. 3. Predecease. REPRESENTATION OF ADOPTED CHILDREN ILLEGITIMATE OR • CHAPTER 15: ORDER OF INTESTATE SUCCESSION INTESTATE HEIRS 1. Legitimes • The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heir with respect to the legitime (Art 923) • And only when the heir to be represented: a. b. it takes place only in favor of the children of brother or sisters (nieces and nephews of the decedent. Intestacy: a. legitimate children and descendants can represent him. Legitime . Factual Situation If all the children are disqualified If all the brothers /sisters are disqualified Division All grandchildren still inherit per stirpes Nephews and nieces inherit per capita THE SUCCESSIONAL BARRIER • An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother. Representation does not exist in the ascending line. If the child to be represented is illegitimate – both legitimate and illegitimate children/descendants can represent him. nor shall such children or relatives inherit in the same manner from the illegitimate child. (It is not proper only when the heir to be represented repudiated his share in the inheritance) IN WHAT OBTAIN LINES DOES REPRESENTATION 1. Sisters. not grand-nieces or grand-nephews). In the direct descending line. No right of representation if the heir to be represented is a voluntary heir. 5. Del Val. 6. 5. Is a compulsory heir.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 IN WHAT KINDS OF REPRESENTATION OPERATES SUCCESSION QUALIFICATIONS TO REPRESENT 1. 2. HOW REPRESENTATION OPERATES Division shall be made PER STIRPES. 2. the father cannot represent the son in the inheritance from the grandfather. C is the illegitimate son of A. The representative need not be qualified to succeed the person represented. 13 SCRA 406. b. Example: A is the legitimate son of B. or was disinherited by the testator. Intestate succession • Representation occurs in all intestate estate. An adopted child can neither represent nor be represented RULES OF EXCLUSION AND CONCURRENCE Please Refer to Succession Table 2 Teotica v. All legal heirs may be represented when proper. 2. the nephews and nieces shall inherit per capita. 2. If the child to TIFF (Uncompressed) decompressor be represented is legitimate – only are needed to see this picture. 1. 4. Hence. the rationale why an adopted child can neither represent or be represented is because the legal relationship created by the adoption is strictly between the adopter and the adopted Page 99 of 297 . The representative himself must have capacity to succeed the decedent 2.

General Rule – must be living when succession opens. CAPACITY TO SUCCEED The following are capable of succeeding: 1. 2. Accretion in testate succession only takes place in the free portion. hence. pro QuickTime™ and a indiviso (aliquot share) sed) decompressor TIFF (Uncompres are needed to see this picture. Once a certain specific part of the free portion has already been specifically earmarked. But. successor need not be alive when the term alives. or motu proprio. devisee or legatee be already conceived in accordance with Arts 40 and 41. Organizations or associations which possess juridical personality CHAPTER 16: PROVISIONS COMMON TO INTESTATE AND INTESTATE SUCCESSION RIGHT TO ACCRETION 1. Two or more persons are called to the same inheritance. there is no accretion and there is no express provision on accretion. Personal and real property – where respectfully situated 2. as long as there is no specific designation of the specific share of each legacy or devise. In Testamentary Succession a. If the cause of the vacancy is PID. b. Renunciation. Incapacity c. • NOTE: The heir to whom the portion goes by the right of accretion takes it in the same proportion that they inherit 2. 2. if decedent is a resident of the Philippines at any time i. Natural Persons a. No accretion in the legitime because when the compulsory heir repudiates his legitime. at the instance of an interested party. Predecease b. it is okay to earmark parts of the free portion as long as no specific property has been designated. NOTE: It is enough that the heir. c. The one that the heir gets from accretion can be renounced separate from the inheritance attributed to the heir who will renounced the accrued inheritance. For the benefit of public educational and charitable institutions in the respective municipalities/cities b. Predecease of a legal heir (only when representation does not apply) b. predecease or incapacity of one (or more but less than all) of the instituted heirs. Ineffective testamentary disposition 2. 3. Non-fulfillment of suspensive condition imposed upon instituted heir e. • NOTE: if there is neither accretion nor substitution in testamentary succession. Personal property – to the municipality of last residence ii. Repudiation d. How Property is to be Used a. or to the same portion thereof. to be considered living.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 WHEN DECEDENT HAS NO HEIRS 1. a. the part left vacant will lapse into testacy 4. Accretion also takes place in cases of devisees and legatees and usufructuaries under the same conditions established for heirs. Page 100 of 297 . Incapacity of legal heir (only when representation does not apply) c. Real property – where situated b. Repudiation by a legal heir ELEMENTS OF ACCRETION IN TESTAMENTARY SUCCESSION 1. In cases of legacy or devise. FUNDAMENTAL PRINCIPLES IN ACCRETION 1. Alternatively. the other co-compulsory heir inherits the repudiated share in their own right and not through accretion. Juridical Persons a. Not necessarily equal. Accretion is subordinate to substitution. express will prevails over presumed will. If institution subject to a suspensive condition – successor must be living both when decedent dies and when the condition happens c. the court may order the permanent trust for the benefit of the institutions concerned d. representation will occur. In Intestate Succession a. Assignment and Disposition of Assets a. If institution subject to a suspensive term – must be alive only at the moment of decedent’s death. If decedent was never a resident of the Philippines i. because substitutes are instituted by the testator. b.

a. brother. Physician. associations. donates. (757a) ADDITIONAL NOTES 1. parents or children e. order. community. d. and corporations not permitted by law to inherit 2. 4. in consideration thereof. Those made between persons who were guilty of adultery or concubinage at the time of the donation. or undue influence should cause the testator to make a will or to change one already made. Any person convicted of adultery or concubinage with the spouse of the testator. by reason of his office. according to law. Any heir of full age who. children or any one claiming under such witness. Heir demands partition of the inheritance Page 101 of 297 . c. e. Those made between persons found guilty of the same criminal offense. b. Tacit Acceptance a. even though made under the guise of an onerous contract. his or of TIFF (Uncompressed) decompressor are needed to see this picture. chapter.). g. When heir sells. A testamentary provision in favor of a disqualified person. sister. the latter shall acquire the incapacitated heir’s right to the legitime (by representation. 673. Any person who by fraud. the church. or alters the latter's will. 674a) • NOTE: The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will. Express a. descedants and ascendants. health officer or druggist who took care of the testator during his last illness f. should fail to report it to an officer of the law within a month. and if such compulsory heir has children or descendant. Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life. shall be void. or from revoking one already made. (756. spouse. violence. Guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved. Other acts of tacit acceptance: i. Relatives of such priest or minister of the gospel within the 4th degree. Any person who falsifies or forges a supposed will of the decedent. surgeon. 3. Those made to a public officer or his wife. The capacity to succeed is governed by the law of the nation of the decedent. if the accusation has been found groundless. or institution to which such priest or minister may belong c. or the minister of the gospel who extended spiritual aid to him during the same period b. or made through an intermediary. there is no obligation to make an accusation. When heir renounces it for the benefit of one or more heirs. this prohibition shall not apply to cases wherein. Priest who heard the confession of the testator during his last illness. intimidation. The following are incapable of succeeding by reason of unworthiness: a. nurse. If the heir excluded from the inheritance by reason of incapacity is a compulsory heir. having known of them subsequently. Public Document b. Any person who has been convicted of an QuickTime™ attempt against the life and athe testator. Those prohibited under Art 739 from giving and receiving donation from each other. EXCEPT if the guardian is his ascendant. When renunciation is in favor of all heirs indiscriminately for consideration d. Attesting witness to execution of will. or attempted against their virtue. (755) ACCEPTANCE OF INHERITANCE – Two kinds: 1. Those Prohibited under Art 1027 a. their spouses. Individuals. even if the testator should die after the approval thereof. or spouse d. b. Private Writing 2. c.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 WHO ARE INCAPABLE OF SUCCEEDING 1. her spouse. or ascendants. h. b. Persons not incapacitated by law may succeed by will or ab intestato. or assigns his right. he should condone them in writing. or if. parents. 2. having knowledge of the violent death of the testator. 3. descendant. Any person who by the same means prevents another from making a will. Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more. or who supplants. conceals. f. organization. unless the authorities have already taken action. c. descendants.

ordinary equipment or customary gifts 5. education. In favor of all his co heirs indiscriminately . so that a division may be effected according to law and the will of the testator. a. given by parents or ascendants. If the heir repudiates the inheritance to the prejudice of his own creditors. COLLATION Collation – is the act by virtue of which. the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him. clothing and outfit. CHARACTERISTICS OF REPUDIATION 1. Irrevocable once made and cannot be impugned. Hence. but which the law considers as an advance from the inheritance. If onerously: • There is no repudiation • Transfer considered to be with consideration • There are also tax implications because there are two transfers. considered as acceptance on the part of the heir. PROPERTIES OR RIGHTS COMPULSORY HEIR NOT COLLATION RECEIVED SUBJECT BY TO 1. b. • NOTES: If renounced in favor of other heirs. or other career 6. How is repudiation made? The repudiation of the inheritance shall be made in a public or authentic instrument. except in cases vitiating consent. Expenses for support. Collation – adding to the mass of the hereditary estate the value of the donation or gratuitous disposition 2. does it mean acceptance? It depends: a. Retroactive REQUISITES FOR A VALID REPUDIATION 1. If specific heir – whether or not renouncing heir receives anything. property which came from the estate of the decedent. c. the latter may petition the court to authorize them to accept it in the name of the heir. b. or by a petition presented to the court having jurisdiction over the testamentary or intestate proceedings. Who may repudiate? Any person having the free disposal of his property. iii. so long as they do not exceed 1/10 of the disposable portion OPERATIONS RELATED TO COLLATION 1. Death of the person from whom he is to inherit. he may still accept the inheritance as a legal heir. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. b. apprenticeship. Heir alienates some objects of the inheritance Under Article 1057. iii. If an heir is both a testate and legal heir. In favor of all co-heirs but in proportion different from those they would receive by accretion: considered as tacit acceptance. Property left by will 2. without knowledge of being a testate heir. Property which may have been donated by an ascendant of the compulsory heir 3. Wedding gifts consisting of jewelry. Heir repudiating must be certain of two things before repudiating: a. failure to signify acceptance or repudiation within 30 days after an order of distribution by the probate court. ii. in fact or by fiction. during his lifetime. If gratuitous – i. hence there is acceptance.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ii. 2. Right to the inheritance. he is understood to have repudiated in both capacities. 3. vocational. repudiation of the inheritance as a testate heir. However.there is repudiation because heir deemed to have not accepted. accretion takes place. There are two transfers. Property donated to the spouse of the compulsory heir 4. If gratuitous in favor of one or some of his co-heirs – deemed conveyance in favor of the co-heirs specified. Imputing or Charging – crediting the donation as an advance on the legitime (if the donee is a Page 102 of 297 . To collate – is to bring back or to return to the hereditary mass. should he repudiate as a legal heir. 3. medical attendance even in extraordinary illness. Free and Voluntary Act 2. Expenses incurred by parents in giving their children a professional.

Between a true heir and several mistaken heirs – Partition is VOID 2. When the compulsory heir should have repudiated his inheritance fixed by law or given under the will to heirs or successors. Reduction – determining to what extent the donation will remain and to what extent it is excessive or inofficious 4. 4. PERSONS OBLIGATED TO COLLATE • • GENERAL RULE: compulsory heirs EXCEPT: a. Compulsory heir. Decedent himself during his lifetime by an act inter vivos or by will. are needed to see this picture. Any person who has acquired interest in the estate WHEN PARTITION CANNOT BE DEMANDED (PAPU) 1. When the testator should have so expressly provided. and b. 2. Competent court. Restitution – return or payment of the excess to the mass of hereditary estate. but the latter shall be proportionately obliged to pay the true heir of his share • CHAPTER 17 : PARTITION AND DISTRIBUTION OF ESTATE NOTE: Partition with respect to the mistaken heir is VOID. share of true heir is allotted to mistaken heir – partition shall not be rescinded unless there is bad faith or fraud on the part of the other persons interested. 3. renewable(Uncompressed) decompressor TIFF for another 10 years. Voluntary heir Legatee or devisee. 2. 2.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 compulsory heir) or on the free portion (if the donee is a stranger) 3. 3. 3. • NOTE: Partition Inter Vivos – it is one that merely allocates specific items or pieces of property on the basis of the pro-indiviso shares Page 103 of 297 . When the co-heirs Agreed that the estate shall not be divided for a period not exceeding 10 QuickTime™ and a years. 4. 3rd person designated by the decedent WHO CAN DEMAND PARTITION 1. Between several true heirs and a mistaken heir – transmission to mistaken heir is VOID 3. EFFECTS OF INCLUSION OF INTRUDER IN PARTITION 1. Heir themselves. When to partition the estate would render it Unserviceable for the use for which it is intended. When expressly Prohibited by the testator himself for a period not exceeding 20 years. When Prohibited by law. IMPORTANT PERIODS TO REMEMBER Please Refer to Succession Table 4 WHO MAY PARTITION 1. Through error or mistake.

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