Notes on Succession/Outline: Atty. Crisostomo A.

Uribe/Supplied by: Apordo; Guasque; and Mabbun December 19, 2010
Outline In Succession Atty. Crisostomo A. Uribe Supplied by1: Apordo, Mark Christian B. Guasque, Jacqueline M. Mabbun, Ma. Antonette M. I. GENERAL PROVISIONS A. Definition and Concept.

Article 774. Succession 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. (n)
Balane: 1. Succession is a mode of acquisition.-- Property, rights, and obligations are transmitted; those w/c are not extinguished by death of the decedent is inheritance. Succession is but a process of transmission. Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or by operation of law. 2. Two elements of Succession.-- (1) identity of objects; (2) change of subjects. 3. Rule.-- The estate of the decedent pays for the obligations of the decedent. What is left is given to the heirs. 4. Connect Art. 774 w/ Art. 776, supra. For money debts: If not paid in settlement proceedings, heirs could be liable to the extent of what they received For obligations: E.g., lessee-lessor-- obligation to keep the lessee in the peaceful possession is transmitted to the heirs. 5. Property and Rights- Passed on to the decedent's successors 6. Obligations: a. Monetary.-- General rule: The estate pays for them before the estate is partitioned Exception: Alvarez case. Predecessor fraudulently disposed of the prop. during litigation. SC held that heirs cannot escape liability for their father's transactions w/c gave way to this claim for damages. Even though they did not inherit the prop., the monetary equivalent thereof was devolved into the mass of the estate w/c the heirs inherited. Hereditary estates are always liable in their totality for the payments of the debts of the estate. Whatever payment made by the estate is ultimately a payment by the heirs bec. these payments decrease their inheritance. b. Non-monetary.-- Transmitted to the heirs.

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Even though We don’t have any intention to plagiarize (see In the matter of the charges of Plagiarism, ect. Against AJ Mariano C. Del Castillo, AM no. 10-7-17-SC, October 12, 2010) , attribution is hereby made to Rodell A. Molina who compiled the lecture of Prof. Balane and Prof. Baviera. And also to Diaz, Garcia, Ingles, Machuca of “3C”. Page 1 of 79

Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun December 19, 2010 Article 712. Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (609a) Article 1311. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. (1257a)
Basis of Law of Succession Legal Philosophy of the Civil Code on Succession Fundamental Changes in the NCC B. Subjects of Succession

Article 775. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. (n)
Balane: Every testator is a decedent but not all decedents are testators. Under the American system, a decedent who did not leave a will is called "intestate." But this is not true in the Phils.

Article 782. An heir is a person called to the succession either by the provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. (n)
Balane: The definitions given in this article are not good. The definitions contained in the Spanish Civil Code were better. An heir succeeds by universal title. Devisee or legatee succeeds by particular title. According to Castan, an heir is one who succeeds to the whole (universal) or aliquot part of the estate. Devisee or legatee is one who succeeds to definite, specific, and individualized properties. E.g., I bequeathed 1/2 of my fishpond in Pampanga to A. Is the successor an heir, legatee or devisee? A devisee, the prop. being a specific real prop. Q: Is it important to distinguish bet. heir devisee and legatee? A: Before, yes. The heir inherited even debts of the decedent, even if it exceed the value of the property. Devisees or legatees were liable for debts of the decedent only up to the extent of the value of the prop. Page 2 of 79

Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun December 19, 2010
Now, No. Except in one instance, in case of preterition in Art. 854. If read carefully, institution of heir is annulled while devise and legacy are not, so long as there is no impairment ofthe legitime. Art. 782 is not a working definition.-- Someone who is a devisee (succeeded by a particular title) can fit into the definition of an heir (succeeds to a fractional/ aliquot/ undivided part of the estate.) and vice versa.

Article 887. The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in article 287. Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another. In all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. (807a)
Balane: There are Five (5) kinds of Compulsory heirs: 1. Legitimate children and descendants 2. Legitimate parents and ascendants 3. Widow or widower 4. Acknowledged natural children, and natural children by legal fiction 5. Other illegitimate children Under the Family Code, there is no more distinction between acknowledged natural children and illegitimate children. They are all considered as illegitimate. Rosales v. Rosales.-- In this case, the deceased was the mother-in-law of the plaintiff. The plaintiff's husband had predeceased his mother. The plaintiff widow seeks a share in her mother-in-law's estate claiming she is a compulsory heir being a widow. The SC denied her claim bec. the widow in the law refers to the widow of the deceased and not of a relative of t he deceased. Three Kinds of Relationship Among Compulsory Heirs: 1. Primary.-- Legitimate children, and in their absence, legitimate descendants. They are primary bec. they are absolutely preferred, and they exclude the secondary. 2. Secondary.-- Legitimate parents, and in their absence, legitimate ascendants They inherit only in the absence of default of the primary. 3. Concurring.-- Surviving spouse and illegitimate children. They get their legitime together w/ the primary or secondary heirs. Page 3 of 79

(947) Article 1005. (915) Article 1009. Except: Illegitimate children exclude illegitimate parents. ascendants. In case brothers and sisters of the half blood. all shall inherit in equal shares without distinction as to the origin of the property. Should there be neither brothers nor sisters nor children of brothers or sisters. The State Article 1011. (949) Article 1007. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. illegitimate children. or a surviving spouse. Uribe/Supplied by: Apordo. Should brothers and sisters survive together with nephews and nieces.Notes on Succession/Outline: Atty. some on the father's and some on the mother's side. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections. in accordance with the rules laid down for brothers and sisters of the full blood. SUBSECTION 5. (955a) SUBSECTION 6. and Mabbun December 19. they shall inherit in equal shares. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood. the former shall inherit per capita. and the latter per stirpes. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. (954a) Article 1010. Should the only survivors be brothers and sisters of the full blood. (956a) Article 1012. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes. If there are no descendants. the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. Crisostomo A. Collateral Relatives Article 1003. (948) Baviera: Per capita means equally per stirpes means by representation Article 1006. (946a) Article 1004. the State shall inherit the whole estate. (958a) Page 4 of 79 . who are the children of the descendant's brothers and sisters of the full blood. the other collateral relatives shall succeed to the estate. are the only survivors. the pertinent provisions of the Rules of Court must be observed. the former shall be entitled to a share double that of the latter. (950) Article 1008. 2010 Neither exclude primary or secondary heirs nor each other. Guasque. In order that the State may take possession of the property mentioned in the preceding article.

2010 Article 1013. nephews and nieces. (956a) Balane: Intestate heirs: 1. surviving spouse c. nephews and nieces. surviving spouse. 4. concurs with legitimate child. concurs with collaterals in equal degree c. excluded by legitimate children. and Mabbun December 19. 2. concurs with the surviving spouse c. excludes collaterals. concurs with illegitimate children.Notes on Succession/Outline: Atty. the State b. may order the establishment of a permanent trust. nephews and nieces a. excludes collaterals. in such municipalities or cities. Illegitimate children/ descendants a. 6. the State b. illegitimate child. so that only the income from the property shall be used. Surviving spouse a. the State b. concurs with surviving spouse. in which the same is situated. 3. If the deceased never resided in the Philippines. 8. excluded by no one. legitimate and illegitimate brothers and sisters. Illegitimate ascendants a. brothers and sisters. Such estate shall be for the benefit of public schools. The State a. surviving spouse c. the State b. 7. Legitimate children/ descendants a. illegitimate children. legitimate ascendants c. After the payment of debts and charges. legitimate children. The court shall distribute the estate as the respective needs of each beneficiary may warrant. Legitimate parents a. Brothers. nephews and nieces. respectively. the State b. excludes ascendants. c. excludes all other collaterals. other than brothers and sisters. legitimate parents. or on its own motion. and the real estate to the municipalities or cities. concurs with the surviving spouse c. sisters. Guasque. collaterals. illegitimate descendants. excludes no one Page 5 of 79 . illegitimate parents. excludes legitimate/ illegitimate children/ parents. Other collaterals a. excludes illegitimate parents. the State b. exludes collaterals in remote degrees. excludes collaterals. the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines. excluded by no one. The court. the whole estate shall be assigned to the respective municipalities or cities where the same is located. excluded by legitimate descendants. excluded by no one. concurs with illegitimate children/ descendants. the State b. 5. excluded by legitimate children. all collaterals. Uribe/Supplied by: Apordo. and public charitable institutions and centers. Crisostomo A. at the instance of an interested party.

1/2 Free portion. 979. 1.1/2 to surviving spouse.)-.-. Illegitimate children alone. Legitimate parents (or ascendants. concurs with no one c.Surviving spouse share equal to that of one legitimate child.-. Legitimate parents (or ascendants). Free portion.1/2 Free portion.-. (Articles 994 and 995. Legitimate parents alone.-. (Art. 991.) Partial Intestacy 9.1/2 divided as in number 10 Surviving spouse. Crisostomo A.-. 988.1/2 full : half = 2 : 1 Free portion = 1/2 to brothers and sisters and nephews and nieces Page 6 of 79 .-.Various Combinations-. Legitimate children Surviving spouse.) Partial intestacy 12. This is without prejudice to the impairment of legitimes.1/4 Illegitimate children.) 14.Entire estate divided equally or 5 : 4 as the case may be.) 2.1/2 Surviving spouse.-.Entire estate. (Art. (Art. Articles 978 to 1014. Legitimate children and/ or descendants alone. (Art. Legitimate parents (or ascendants). excluded by everybody else.-.1/8 to surviving spouse.) 5.-.Same share as a legitimate child Illegitimate children.Apply Articles 889 and 890 which are the rules on legitime. Illegitimate children. Surviving spouse.-. Legitimate children and surviving spouse. 996. Legitimate ascendants alone.1/2 Legitimate brothers and sisters and nephews and nieces. 997.) 13.-.-.1/4 to the surviving spouse. 7. (Art. Surviving spouse alone.-. Guasque. Legitimate children and illegitimate children. of legitimate children + 1 (surviving spouse) = share of each Estate 4. (Art.1/2 or 4 : 5 : 10 ratio w/ share of a legitimate child.) Partial Intestacy 8. 999. and Mabbun December 19.) 10.-.-. 998.1/6 to both.) 11.-.1/2 Free portion = 1/4 to illegitimate children.-.-.-. If only 1 legitimate child.-.1 : 2 Illegitimate children. Free portion = 1/2 to illegitimate children.Entire estate divided equally among them.-.) Formula: no. 6. Uribe/Supplied by: Apordo.1/2 Free portion = 1/4 to both (no article.) 3.Entire estate in proportion of 2 : 1 or 10 : 5 : 4 as the case may be.1/2 Surviving spouse. 1000. 1/2 each. (Art.-.1/2 Illegitimate children. (Art. 983.Entire estate shared equally.1/4 Free portion. Surviving spouse.-. 2010 b.-.Total Intestacy Note: The rules on exclusion and concurrence in legitimes will also apply to intestacy.Notes on Succession/Outline: Atty.-.-. (Art.

1011. Crisostomo A. Uribe/Supplied by: Apordo.) In case of an illegitimate decedent.Entire estate in equal shares Rules: a. Up to the fifth degree only.-. Numbers 2 and 4 are tricky because you may end up impairing the legitime.Entire estate with the ratio of 2 : 1 between full and half blood a. Nearer excludes the more remote d. Illegitimate parents. 994.-. Children of any kind. (Articles 1009 and 1010.none.-.Entire estate with the ratio of 2 : 1 between full and half blood. (Art. Apply the rules for nephews and nieces stated in number 19 (none. 24. Nephews and nieces alone. (Art.Nephews and nieces exclude uncles and aunts even if they may be both only three (3) degrees away from the decedent.-. Guasque. Borromeo.Entire estate. This applies only if the decedent is also illegitimate. (Art.-. REMEMBER: Legitimes cannot be impaired. and Mabbun December 19.1/2 Full : Half = 2 : 1 Free portion = 1/2 to illegitimate brothers and sisters and nephews and nieces (Art. Bad News: Art. the legitimes will never be impaired. collaterals are only up to nephews and nieces. No representation c.-.) 19. Legitimate brothers and sisters and nephews and nieces.-.Entire estate with the ratio of 2 : 1 between full and half blood.) 21. 1009 by inference. might impair the legitime. Nephews and nieces inherit bec. Other collaterals.-.-.Entire estate divided according to earlier rules. They are automatically covered by the rules. (Articles 1004 and 1006. Uncles and aunts.-. 983. b. 993. Surviving spouse.) NOTE: Follow the rules except numbers 2 and 4 which requires two (2) steps. all brothers and sisters predecease.-.) 20. Illustration: X's estate is worth P180. No distinction between full and half blood b. Nephews and nieces inherit by representation.per capita. Per capita.-.) 17.) Right of representation.the entire estate.) 15.-. Illegitimate brothers and sisters and nephews and nieces. which covers the combination of legitimate and illegitimate children.) 22.None. Legitimate brothers and sisters alone.-.) 18. 2010 If marriage is in articulo mortis. The State. 993. add 1/6 to free portion once the legitime of the wife is reduced to 1/3 (Art. Good News: Just follow the rules.1/2 Illegitimate brothers and sisters.Whole estate divided in the ratio of 2 : 1 between full and half blood. 1001. (Art.-.per stirpes.000.1/2 to illegitimate parents. Bacayo v.-. 23. nephews and nieces (if decedent is illegitimate). Illegitimate parents alone.-. Nephews and nieces. (Articles 1005 and 1008. X ------------------------------||::::: Page 7 of 79 . (Articles 975 and 1008.) 16.entire estate Free portion.Notes on Succession/Outline: Atty.

500 G = 22. A = 40. Guasque. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants.000 G = 20.Notes on Succession/Outline: Atty.500 F = 22.000 2.000 C = 20. Who are the subjects? Relationship Article 963. If you follow Art. A series of degrees forms a line. which may be either direct or collateral.000 D = 20. 1.000 E = 20.500 TOTAL 202. Note: 1. The share of each illegitimate child will equal 18.000 But the legitime of A and B is impaired. apply the same rules as in legitimes.000 C = 22.000 F = 20. Violable but not annulled If legally separated. follow this two. The valid is marriage b. Uribe/Supplied by: Apordo. 983 literally. but who come from a common ancestor.) b. (ii) If lacking. divide it according to the ratio of 2 : 1 or 10 : 5 : 4 depending on the circumstances. reduce the share of illegitimate children pro-rata.000.step process: a.500/ 5 = 4.000 Share of A and B 80. In the illustration: A = 45. Legitime of A and B = 90. An adopted child is treated as a legitimate child.500 E = 22. A direct line is that constituted by the series of degrees among ascendants and descendants. (916a) Page 8 of 79 . Crisostomo A. Since Art.000 B = 40. (i) If there is an excess.500 D = 22. 983 impairs the legitime. (915) Article 964.500 each.000 B = 45. 2. Give the legitime first. 2. 2 : 2 : 1 : 1 : 1 : 1 : 1 assuming the decedent died after the Family Code took effect. Proximity of relationship is determined by the number of generations. Spouse receives shares if: a. Each generation forms a degree.000 F = 20. and Mabbun December 19. (Give to the legitimate first before the illegitimate.500 The estate lacks 22.500 Reduce the shares of illegitimate children pro-rata = 22.000 Legitime lacks 10. 2010 ABCDEFG 1.

1. the child is one degree removed from the parent. Page 9 of 79 . or the same mother. (920a) Balane: Articles 963 to 967 on relationships. Half blood relationship is that existing between persons who have the same father. and Mabbun December 19.Direct line-(i) ascending (ii) descending b. A is in the direct line. Uribe/Supplied by: Apordo. a person is two degrees removed from his brother.-. as many degrees are counted as there are generations or persons.) In intestacy: a.-.This is the method of computing the proximity of relationship. 2. three from his uncle. but not the same mother. Crisostomo A. and so forth. c. b. and three from the great-grandparent.-. who is the brother of his father.Notes on Succession/Outline: Atty.Collateral line-. There is no limit. (These rules on relationship are) important because of certain principles which ordain in intestacy. The former unites the head of the family with those who descend from him. In the collateral line. Nearer excludes the more remote. Concept of lines. (918a) Article 967. In the line. Full blood relationship is that existing between persons who have the same father and the same mother. Every degree is one generation. Direct line is preferred over the collateral. four from his first cousin. Thus. Limit of five degrees. b. Descending line is preferred over the ascending. excluding the progenitor. two from the grandfather. Two basic concepts in relationship: a. namely: a. Concept of degree. ascent is made to the common ancestor. The latter binds a person with those from whom he descends. (917) Article 966.-. Guasque.2 persons having a common ascendant Illustration: A |\ BD || CE For B.(These are) relative positions in the family between 2 persons (genealogical chart. In the direct line. The direct line is either descending or ascending. 2010 Article 965. Thus. ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. D is in the collateral line. but not the same father.

1. 1 of Art. In cases falling under Nos. 3.This is applicable only in intestate succession.Wait for final judgment when conviction is needed. Crisostomo A. However. 1025. (Art.2 : 1-. his qualification at the time of the death of the decedent shall be the criterion.Grounds 2.-. Article 1039.Nephews or nieces of the half blood-child of a brother or sister of the half blood. or by all the nearest relatives called by law to succeed. it shall be necessary to wait until final judgment is rendered. Capacity to Succeed a.2 : 1-. should there be several. If the institution. Nephews and nieces. those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. (10a) Page 10 of 79 . Determination Article 1034. (n) Article 16. and in the case falling under No. Real property as well as personal property is subject to the law of the country where it is stipulated. 1008. Full and half-blood relations in intestacy. should there be one only. The time succession opens. correlate with par. 3. 2. Par. 2.-. Par. 4.)-. both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions.-. or 5 of article 1032.Conditional. Uribe/Supplied by: Apordo. and one or some of them are unwilling or incapacitated to succeed. (758a) Balane: Time to judge the capacity of the heir.-. If there are several relatives of the same degree.-. whatever may be the nature of the property and regardless of the country wherein said property may be found. In order to judge the capacity of the heir. Article 968. Guasque.Time of death. 2010 3. Brothers and sisters. (Art. devisee or legatee. devise or legacy should be conditional. intestate and testamentary successions. (922) Article 969. 1006. save the right of representation when it should take place. Capacity to succeed is governed by the law of the nation of the decedent. If the inheritance should be repudiated by the nearest relative. 3 and 5.)-. b. the expiration of the month allowed for the report. shall be regulated by the national law of the person whose succession is under consideration. no exceptions. Par. the time of the compliance with the condition shall also be considered. his portion shall accrue to the others of the same degree. (923) 3.Notes on Succession/Outline: Atty. and Mabbun December 19.Consider both time of compliance and time of death of the decedent. a.

2. a.not true. 1028 and 1032. Leonides. X dies in March 1996.) Article 1025. Can b1 represent B? No. Uribe/Supplied by: Apordo.In the case. Page 11 of 79 . 1. As such . the nephew cannot inherit. the foetus is considered alive from the moment of conception. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. 41. Was b1 alive when X died? Yes. was born after the priest had died. Applies only to incapacity by will. a. 914) Balane: Par. b1 is alive. Exception: "In case of representation.Articles 1027. are they applicable to intestacy? Not all. 1027.) b.-. Incapacity to succeed by will. when it is proper. (744. This is not an exception bec. (Art. He was not living at the time X died. the priest provided that his estate will go to any of the nephews who may enter the priesthood.Articles 1027.-. 1. par. Art." This is wrong. 2. however. b1 is born in 1999.-. 1025. B's wife is pregnant.Mistake .) The heir must be alive when succession opens. paragraphs 1 to 5. 6. 1032. The same as Art. In order to be capacitated to inherit. The nephew claiming.-. Crisostomo A. Applies to both. the heir. 129 SCRA 522 b.Notes on Succession/Outline: Atty. Parish Priest of Victoria v. Par. Art. 1034. 777. X dies in 1997. 2010 Cayetano vs. Rigor -. devisee or legatee must be living at the moment the succession opens. and Mabbun December 19. 1028 (applicable only in testamentary succession. 1996.Ab intestato refers both to legitime and intestacy. The representative must be alive when the decedent dies. B is disinherited in 1996. b. when proper. Can b1 inherit from X? No. except in case of representation. Who may Succeed? Article 1024. b1 is born in July 1996. The provisions relating to incapacity by will are equally applicable to intestate succession. par. (n) Balane: General rule: Succession opens at the death of the decedent. Guasque. B dies on Jan. Illustration: X /|\ ABC | b1 1. Persons not incapacitated by law may succeed by will or ab intestato.

. 1029. The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose. without designation of particular persons or of any community. city or barangay? 2. Crisostomo A. if allowed by their charter. MTC judge.g. mayor. private corporations. municipal corporations. the court appoints an administrator. a non-incorporated org. and the municipal treasurer. educational. the mayor. This is because of Art. organizations. (746a) Balane: Q: Can you make a testamentary disposition in favor of juridical persons? A: Yes. Testamentary provisions in favor of the poor in general. A testamentary disposition may be made to the State. at the time of the death of the decedent. unless it should clearly appear that his intention was otherwise. scientific. however. to be used for such prayers and pious works. the executor. Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul. shall be deemed limited to the poor living in the domicile of the testator at the time of his death. Who is to designate? (In the order of preference) a. province. Article 1030. They must exist." Is this valid? No. municipal treasurer. In all these cases. What is the scope of domicile? Does it refer to country. Page 12 of 79 . "I give 1/3 of my estate to David-Navato Organization. or charitable purposes. or associations for religious. the approval of the Court of First Instance shall be necessary. in general terms and without specifying its application. and always subject to the same. (747a) Balane: Disposition in favor of: (a) prayers. who shall decide by a majority of votes all questions that may arise. Guasque. and the other half to the State.for the soul of the testator. (749a) Balane: 1. Uribe/Supplied by: Apordo.Notes on Succession/Outline: Atty. All other corporations or entities may succeed under a will. This never happens bec. This is not clear. Executor c. and should there be no executor. in default of such person. This is limited to the poor living at the domicile of the testator upon his death. for the purposes mentioned in article 1013. unless there is a provision to the contrary in their charter or the laws of their creation. Person appointed by the testator for that purpose b. with the court's approval shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong. cultural. if there are no a and b. 1/2 to the Church which the testator belongs and 1/2 to the State. 2010 Article 1026. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. E. (b) pious works-. this is not a disposition in favor of an unknown person. by the justice of the peace. by the executor. and Mabbun December 19. provinces. It has no juridical personality Article 1029.

or children.. He executes a will instituting A to 1/3 to his estate. or any one claiming under such witness. nevertheless. brother. health officer or druggist who took care of the testator during his last illness. Rigor. shall be valid. or spouse. community. A. any provision made by the ward in favor of the guardian when the latter is his ascendant. Page 13 of 79 . (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved. "Priest or minister of the gospel. If the confession was made before the will was made and the priest is the son of the sick person. the priest is still disqualified. this applies to all spiritual ministers. the church. nurse. Is this testamentary disposition valid or is A capacitated to inherit from B? Yes."-. Crisostomo A. a priest.Notes on Succession/Outline: Atty. chapter. Priest Example number 1. 754a) Balane: Numbers 1 to 5 have no application to legitimes. in other words. order. organization. can the priest inherit upon the death of the sick person? Yes. 752. (6) Individuals. (5) Any physician. B then becomes seriously ill. Uribe/Supplied by: Apordo. the priest can inherit. He can get the legitime. Disqualification applies only to testamentary dispositions. Thinking he will die. 753. is a friend of B. Who are incapable of succeeding? Article 1027. X makes a will instituting Y. 2. He can inherit by intestacy. the spouse. If the will is made first. 1.g. 89 SCRA 493 c. Example number 2. X calls Y to confess. descendant.Despite this apparent restriction to Christian ministers. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness. (4) Any attesting witness to the execution of a will. Guasque. parents. If the priest were a brother? Yes. when is the priest incapacitated to succeed? a. e. (2) The relatives of such priest or minister of the gospel within the fourth degree. or the minister of the gospel who extended spiritual aid to him during the same period. or children. sister. even if the testator should die after the approval thereof. B regularly goes to confession to A. Buddhist monks. 2010 Parish Priest of Victoria vs. and Mabbun December 19. (745. or institution to which such priest or minister may belong. When does par. 1 apply. a priest. When the confession is made prior to the making of a will. A. spouse. If simultaneous. surgeon. Is Y capacitated to inherit from X? Yes. parents. associations and corporations not permitted by law to inherit. On his deathbed. b.

Guasque. brother. What do you do? Apply Art. Page 14 of 79 . Relatives of the priest of minister of the gospel This widens the disqualification in A. 2010 Why? Because it is conclusively presumed that the spiritual minister used his moral influence to induce or influence the sick person to make a testamentary disposition in his favor. Attesting witness. (3) Those made to a public officer or his wife. Commentators agree that this also covers guardians over the person bec. Medical attendance was made. Correlate this w/ Art. Physician. This exception is not present in the case of a priest. descendant. 1.. B. The omission in the case of the priest was stupid. To disqualify the spouse. Exception: If there are three (3) other witnesses to the will.. 3.. The spiritual ministration must have been extended during the last illness c. concerning donations inter vivos shall apply to testamentary provisions. The will was executed during or after he was being taken cared of. Crisostomo A. the latter have more opportunity to influence the ward. Requisites: a. Article 1028. (n) Article 739. The will was made during the last illness b. are disqualified.) Exception: Disposition is valid when the guardian is an ascendant. General rule: Witness. nurse. 2. surgeon. Why? They were derived different laws. in consideration thereof. 923. you have to show that the testamentary benefaction given to the wife was meant to benefit the minister. The will was executed during or after the spiritual ministration. Seems to refer only to guardian of the property. 3. The prohibitions mentioned in article 739. Guardian General rule: Disqualification applies when the disposition is made: After the guardianship began (beginning of the guardianship) --. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation. Omission was made of the spouse of the minister of the gospel. E. spouse.Before termination of guardianship (approval of final accounts or lifting of guardianship. by reason of his office. health officer or druggist. descendants and ascendants. (2) Those made between persons found guilty of the same criminal offense. This is harder to prove. and Mabbun December 19. Uribe/Supplied by: Apordo.Notes on Succession/Outline: Atty. C. sister or spouse. Requisites: 1. D. The will was made during the last illness 2. The latter must have taken care of the sick person. The sick person must have been taken cared of during his last illness. 1031.

or who supplants. 1. the action for declaration of nullity may be brought by the spouse of the donor or donee. even though made under the guise of an onerous contract. (8) Any person who falsifies or forges a supposed will of the decedent. you cannot do indirectly. this prohibition shall not apply to cases wherein. (7) Any person who by the same means prevents another from making a will. or made through an intermediary. (755) Balane: What you cannot do directly. 2010 In the case referred to in No. having knowledge of the violent death of the testator. This is the same as Art. There is no law Page 15 of 79 . A testamentary provision in favor of a disqualified person. or undue influence should cause the testator to make a will or to change one already made. shall be void. (4) Any heir of full age who. 674a) Balane: Grounds 1. (5) Any person convicted of adultery or concubinage with the spouse of the testator. or attempted against their virtue. Article 1031. The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life. Balane: This applies only to testamentary succession. 673. unless the authorities have already taken action. 3. 2. par. should fail to report it to an officer of the law within a month.Notes on Succession/Outline: Atty. his or her spouse. according to law. and Mabbun December 19. (3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more. Guasque. descendants. 5 and 6 are the same as in disinheritance. conceals. and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. or alters the latter's will. 867. Uribe/Supplied by: Apordo. Number 4 has no application because there is no obligation to accuse. (2) Any person who has been convicted of an attempt against the life of the testator. (b) contract Article 1032. or from revoking one already made. intimidation.-. there is no obligation to make an accusation.Use of a (a) dummy. 4. or ascendants. (6) Any person who by fraud. if the accusation has been found groundless. violence. Crisostomo A. (756.

Alienations of hereditary property. 919 since the effect of Articles 919 and 1032 are the same. a.Notes on Succession/Outline: Atty.Rules of disinheritance should apply. b. f.-. A is incapacitated to inherit bec. If you follow the rules of unworthiness. 7 and 8 cover six (6) cases of acts relating to a will: a.-. there is double disinheritance. Falsifying or forging a supposed will of the decedent. Article 1033. Numbers 6.express will -. and acts of administration performed by the excluded heir. but the co-heirs shall have a right to recover damages from the disqualified heir."-. Causing the testator to change an existing will c. it is presumed that the testator had pardoned the offender. Page 16 of 79 . However. 2010 that obligates to accuse. 919. Causing the testator to make a will b. tries to kill B. "Known subsequently. even if B did not disinherit A. 2. Effect of Alienations by the excluded heir. incapacity to disinherit is lifted by reconciliation. or altering the testator's will. Problem arises if the testator made a will disinheriting. "Had knowledge at the time he made the will. concealing. there must be a pardon in writing. There is no conflict with disinheritance despite similar grounds. The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will. he should condone them in writing. Only a civic or moral duty but not a legal duty. then A is disqualified to inherit.Needs written pardon. or if.presumed will -. Commentators. are valid as to the third persons who acted in good faith.Yes. son of B. (n) Balane: This applies the doctrine of innocent purchaser for value without prejudice to the right to damages of the prejudiced heirs against the incapacitated heir. If disinherited under Art. Preventing the testator from revoking his will e. d. b. Illustration: A.needs written pardon. But in Art. This is strange.reconciliation is enough In Art. 1032. 1033. of Art. Right of the excluded heirs. (757a) Balane: 1.In this case. In Art. e. Problem: In disinheritance. before the judicial order of exclusion. 919. In the common grounds. Article 1036. Uribe/Supplied by: Apordo. If B disinherits him under Art.-. What rule do you apply if the reason for disinheriting was a common ground? a. Preventing the decedent from making a will d. and Mabbun December 19.No. Supplanting. B may disinherit him or not. you do not have to disinherit in Art. 919 . If you follow the rules of disinheritance. Guasque. having known of them subsequently. Disinheritance in the will is redundant. Crisostomo A."-. To make the rules of unworthiness apply would be giving precedence to the presumed will over the express will. 1033 .

He shall be liable for all the fruits and rents he may have received. Liabilities of the Excluded Heir. or could have received through the exercise of due diligence. Necessary expenses for preservation. Rules for acceptance are more liberal than the rules of renunciation because the former are beneficial to the heir while the latter is prejudicial to the heir. Article 1014.-. The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the hereditary property. It does not mention intestate share only legitime. Crisostomo A. Uribe/Supplied by: Apordo. Article 1037. In case an heir is incompetent/ insane or a minor. such person shall be entitled to the possession of the same. b. Any person incapable of succession.Notes on Succession/Outline: Atty. the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. (n) Balane: 1. court approval is necessary bec. and Mabbun December 19. 443. In case of renunciation. Article 1038. (n) Balane: This is the right given to every possessor. then intestate share is included. (760a) Balane: Page 17 of 79 . 1035 assumes that the free portion has been disposed of completely. 2010 Article 1035.(a) voluntary. This covers the legitime and intestacy. Basic Rules a. the latter shall acquire his right to the legitime. Why? Because Art. Guasque. (b) free 2. of a. f. and to enforce such credits as he may have against the estate. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. who. acceptance or repudiation must be made by a representative. or if sold. disregarding the prohibition stated in the preceding articles. whether he be in good or bad faith in Art. entered into the possession of the hereditary property. Acceptance. shall be obliged to return it together it its accessions. But if not. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State. (761a) Balane: This grants right of representation to children or descendants of incapacitated children or descendants. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants.

Crisostomo A. obligation of a lessor-. X. Inheritance is a mango plantation. of ownership of the land he received at the moment of death. It may be brought by any one who may have an interest in the succession. X owns it through accession and not succession. This is inconsistent w/ Art 777 bec. 3. the estate pays for it. 2. fruits and rents. 777.. (762a) Balane: Right of heir to recover the inheritance must be exercised within five years. Obligation as lessee and bailee are transmissible. The heirs of B are bound by the lease contract. e.-. B leased to C a parcel of land for a term of 3 years. 781 implies a second succession. 2. After 2 years. It belongs to the heir bec.g. It has no significance. Property. rights and obligations which are purely personal are extinguished by the death of the decedent. e.. devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. credits. 2010 Possessor in bad faith means he knows that he is incapacitated. B died. Fruits are no longer part of the inheritance. A has a son. The inheritance includes all the property. Object of the Succession Article 776. Exception: Money debts. 781.) Page 18 of 79 . They are not part of the inheritance. Art. General rule: They form part of the inheritance. although purely patrimonial bec. Guidelines on whether rights/ obligations are extinguished by death: 1.. rights and obligations constitute inheritance. membership in the bar or right of consortium w/ your wife. Even w/o it.patrimonial. In 1990.Notes on Succession/Outline: Atty. According to Art. Those obligations transmitted to the heirs w/c are not monetary. rights and obligations of a person which are not extinguished by his death. g. E. there is a crop. He must return the property. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death. e.. and Mabbun December 19. 781. (Art. Uribe/Supplied by: Apordo. those w/c accrue after death will still belong to the heirs. A dies in 1988. C. Article 781.g. Legal concept.obligation to pay is not transmissible. (659) Balane: Transmissible property. The action for a declaration of incapacity and for the recovery of the inheritance. Guasque. succession occurs at the moment of death.g. Is it part of the inheritance? 1. Those w/c are purely patrimonial.-. but also those which have accrued thereto since the opening of the succession. Prescription of Action Article 1040. yes.g. (n) Balane: It is better to scrap Art.No.

Uribe/Supplied by: Apordo. notable circumstances wherein the intrinsic validity was first determined as when the defect of the will is apparent on its face and the probate of the will may become a useless ceremony if it is intrinsically invalid. if there has been no stipulation to the contrary. public order or public policy may likewise be the object of a contract. Subject to the laws. and indemnification likewise descends to the heirs of the person injured. (1112) Article 1347. the payment is valid and cannot be rescinded by the payer. . (1271a) RPC Article 108. In this case however.The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. reparation. Crisostomo A. or indemnification for consequential damages and action to demand the same . their assigns and heirs. All things which are not outside the commerce of men. No contract may be entered into upon future inheritance except in cases expressly authorized by law. The contracting parties must have clearly and deliberately conferred a favor upon a third person. good customs. as theirs was an illicit relationship. SC L-5620. 1954 The natural children of the deceased in this case are questioning the intrinsic validity of the will on the ground that his compulsory heir cannot be one. If a contract should contain some stipulation in favor of a third person. may be the object of a contract. Obligation to make restoration. or by stipulation or by provision of law. he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. All services which are not contrary to law. A mere incidental benefit or interest of a person is not sufficient. The heir is not liable beyond the value of the property he received from the decedent. except in case where the rights and obligations arising from the contract are not transmissible by their nature. including future things. SC held that as a general rule. Page 19 of 79 . There was never an open admission of any illicit relationship. CA. courts in probate proceedings are limited to pass only upon the extrinsic validity of the will sought to be probated. there was no need to go beyond the face of the will. reparation for damages. Contracts take effect only between the parties. July 31. Guasque. morals. The intrinsic validity of a will may be passed upon because “practical considerations” demanded it as when there is preterition of heirs or the testamentary provisions are doubtful legality. Thus. All rights which are not intransmissible may also be the object of contracts. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased. Reyes vs.) Article 1311. 2010 Those w/c have accrued thereto after death do not comprise the inheritance but they accrue by virtue of ownership (accretion. (1257a) Article 1429. however. all rights acquired in virtue of an obligation are transmissible.Upon whom it devolves. The action to demand restoration.Notes on Succession/Outline: Atty. and Mabbun December 19. Article 1178. There are.

Rights to succession vest at the moment of death. Fiction of the law is that from the moment of the death of the decedent. The rights to the succession are transmitted from the moment of the death of the decedent.The right to inherit is vested at the moment of death. (657a) Balane: 1. CASES: Uson v. it is the OCC w/c governed the law on succession. Acceptance. Death 2. Opening of Succession Article 777. Rights to succession are vested from the moment of death. Del Rosario. at the time of his death. For the determination of successional rights. Borja. 4. Oct 7. Guasque. Hence. Even if she did not know how much she was going to inherit.-. etc. Said right to the share was hers from the moment of death and she could do whatever she wanted w/ her share. During the lifetime of the predecessor. The rights to succession are automatic. This is so bec. the heirs have the right to be substituted to the action even before their Page 20 of 79 . voluntary. the law at the point of death should be the one applied. it being a patrimonial right. the right passes to the heirs. But from the moment of death. even sell it. 1953 D. Barcena." 2. no contract can be legally entered into regarding the expected inheritance. change the words "succession" to "inheritance" (the right to succeed is an inchoate right) and the verb "transmitted" to "become vested. vest in them even before judicial declaration of their being heirs in the testate proceedings. Tradition or delivery is not needed. The rights of the heirs to the prop. Hence. not transmitted. this is so by legal fiction to avoid confusion. The most essential provision of the law on succession. not upon the declaration of heirship or upon settlement of the estate." This is illogical bec. Crisostomo A. To improve the provision. the decedent does not have rights to the succession.Notes on Succession/Outline: Atty.-. 50 OG # 1. he is deemed to have received it at the point of death. not upon the filing of petition for testate/ intestate proceedings. We have to apply the OCC bec. Medina. 3.Upon the death of the husband before the NCC. An action to quiet title is not extinguished by the death of the decedent. Will or Operation of law 3. the rights of the wife to the inheritance were vested. 2010 Guinto vs. The right should be made effective from the moment of death.You do not need a declaration of heirship whether testate or intestate. When a heir receives his inheritance. rights to succession are a mere expectancy. Bonilla v. those inchoate rights become absolute. Four Elements of Succession: 1. Uribe/Supplied by: Apordo. Existence and capacity of the successor 4. and Mabbun December 19. This article literally means that the "decedent has the right to the succession which is transmitted upon his death. This provision is the heart and soul of succession. So the rights of the illegitimate children under the NCC to inherit can not prejudice the vested rights of the wife. the rights to succession before death are mere inchoate. 5. she could still dispose of her share in the inheritance. p 199.-. Borja v.

and by the Rules of Court. The sale of a vain hope or expectancy is void. (Rule 12a) Article 2253. (n) Article 130. and Mabbun December 19. with or without a will. legitimes. morals. 2010 having declared as heirs. One who validly renounces an inheritance is deemed never to have possessed the same. betterments. Fernandez. Article 2263. But if a right should be declared for the first time in this Code. but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. Jimenez v. to the extent laid down by the provisions of this Code referring to testamentary succession. All things which are not outside the commerce of men. (Rule 1) Article 533. The inheritance of those who. All rights which are not intransmissible may also be the object of contracts. (440) Article 1347. legacies and bequests shall be respected. Guasque. provided said new right does not prejudice or impair any vested or acquired right. shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court. Uribe/Supplied by: Apordo. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent. All services which are not contrary to law. may be the object of a contract. before the effectivity of this Code. shall be governed by the Civil Code of 1889. from acts done or events which took place under their regime. by other previous laws. however. only in the event of death. and with respect to their future property. even though the act or event which gives rise thereto may have been done or may have occurred under prior legislation. even though this Code may regulate them in a different manner. No contract may be entered into upon future inheritance except in cases expressly authorized by law.-.Carlos died in 1936. Therefore. Crisostomo A. under said laws. including future things. before the effectivity of the NCC. his illegitimate child cannot inherit from him. (1271a) Article 1461. (1331a) Page 21 of 79 . die after the beginning of the effectivity of this Code. or may not recognize them. title to the land belongs to the cousin who inherited the land w/ Carlos. The Civil Code of 1889 and other previous laws shall govern rights originating. good customs. As such. Rights to the inheritance of a person who died. it shall be effective at once. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property.Notes on Succession/Outline: Atty. As such. The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence. Things having a potential existence may be the object of the contract of sale. in case the inheritance is accepted. of the same origin. with or without a will. public order or public policy may likewise be the object of a contract. their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code.

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.Notes on Succession/Outline: Atty. (2) If the marriage is not celebrated. (130a) Page 22 of 79 . who has not been heard of for four years since the loss of the vessel or aeroplane. 2010 Article 132. A donation by reason of marriage is not revocable. and Mabbun December 19. 84. After an absence of seven years. save in the following cases: (1) If it is conditional and the condition is not complied with. (1333a) Article 390. (n) Article 391. (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. it being unknown whether or not the absentee still lives. (6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. Uribe/Supplied by: Apordo. Any excess shall be considered void. an absence of five years shall be sufficient in order that his succession may be opened. (n) FC Art. and has been missing for four years. (3) When the marriage takes place without the consent of the parents or guardian. Guasque. they cannot donate to each other in their marriage settlements more than onefifth of their present property. If he disappeared after the age of seventy-five years. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. The following shall be presumed dead for all purposes. the donee being the guilty spouse. except for those of succession. (4) When the marriage is annulled. and the donee acted in bad faith. (2) A person in the armed forces who has taken part in war. (5) Upon legal separation. Crisostomo A. he shall be presumed dead for all purposes. If the future spouses agree upon a regime other than the absolute community of property. as required by law. or an aeroplane which is missing. including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage.

as required by law. SECTION 3 Acceptance and Repudiation of the Inheritance Article 1041. (991) Balane: This article requires: (a) certainty of death. (4) Upon legal separation. (b) free 2. (132a) Requisite for the transmission of “Successional Rights”.) Page 23 of 79 . acceptance or repudiation must be made by a representative. Death of the person whose property is the subject of Succession. the donee being the guilty spouse. In case an heir is incompetent/ insane or a minor. (b) right to inherit (is established. b. Rules for acceptance are more liberal than the rules of renunciation because the former are beneficial to the heir while the latter is prejudicial to the heir. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. which shall be governed by Article 81. Basic Rules a. Express will of the testator or provision of law." Article 1043. 2010 FC Art. and the donee acted in bad faith. Acceptance. Guasque. Crisostomo A. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit. (3) When the marriage is annulled. Acceptance of the inheritance. and 3. and of his right to the inheritance. 1. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. 86. (988) Balane: 1.-. 777 which states that "the right to the succession are transmitted from the moment of the death of the decedent. 2. (5) If it is with a resolutory condition and the condition is complied with.(a) voluntary.Notes on Succession/Outline: Atty. (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. Uribe/Supplied by: Apordo. and Mabbun December 19. In case of renunciation. Article 1042. court approval is necessary bec. (989) Balane: This is because of Art. (2) When the marriage takes place without the consent of the parents or guardian. of a. A donation by reason of marriage may be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements.

(995a) Balane: General rule: A married woman may accept without the consent of her husband. If he renounces. 2. Par. institutions and entities qualified to acquire property may accept any inheritance left to the latter. Guasque. Article 1045. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization.Minors or incapacitated can inherit through their parents or legal guardians. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property. the inheritance shall be accepted by their guardians. He may accept or renounce personally or through an agent. he can only accept through a guardian. Any person having the free disposal of his property may accept or repudiate an inheritance. Page 24 of 79 . (992a) Balane: Par. (993a) Balane: Acceptance needs a lawful representative while renunciation needs court approval. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. Exception: If he cannot read or write. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Of age b.-. Crisostomo A. (996a) Balane: General rule: Being a deaf-mute is not a restriction on the ability to accept or renounce as long as he can read and write.Must have capacity to dispose of the property. Exception: If she is insane. Not restricted in his capacity to act. But to renounce. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. to those mentioned in article 1030. In this case. Article 1046. or in their default. the marriage is not the reason for the incapacity. The lawful representatives of corporations. 2010 Article 1044. associations. and Mabbun December 19. These guardians may repudiate the same with judicial approval. Should they not be able to read and write. A married woman of age may repudiate an inheritance without the consent of her husband. the approval of the court shall be necessary. (994) Article 1047. but in order to repudiate it. a. Uribe/Supplied by: Apordo. judicial approval is necessary. however. 1. Article 1048.-.Notes on Succession/Outline: Atty. the renunciation needs court approval.

or to any of them. An express acceptance must be made in a public or private document. 2. Express.to do this. Article 1051.-. One cannot renounce tacitly or impliedly. (1000) Balane: Par.Sells it-.If does not do anything w/in thirty (30) days. if gratuitous in favor of co-heirs indiscriminately.Acts of ownership-. Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if. or which one would have no right to do except in the capacity of an heir. 1050. the heir must have accepted it first Par. to whom it would have devolved by accretion. Strict form is required. then it is deemed accepted.Art. 3. then true renunciation.Art. 1. 2010 Article 1049. Public or authentic document 2.-. Page 25 of 79 . Article 1050.-.-. (3) If he renounces it for a price in favor of all his co-heirs indiscriminately. donates. (2) If the heir renounces the same. the heir must have accepted the inheritance. 2. through such acts. The repudiation of an inheritance shall be made in a public or authentic instrument.to do these acts. Par.-. for the benefit of one or more of his co-heirs.-. even though gratuitously. (1008) Balane: Forms of renunciation: 1. Acceptance may be express or tacit. However. or assigns his right to a stranger. and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion. Guasque.Notes on Succession/Outline: Atty. or to his coheirs. Tacit. the title or capacity of an heir has not been assumed. but if this renunciation should be gratuitous. 1057. In writing.must have acquired something before you can sell. A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied. (999a) Balane: Forms of acceptance: 1. 3. Implied. or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings.-. Uribe/Supplied by: Apordo.-. Petition presented to the court. An inheritance is deemed accepted: (1) If the heirs sells. and Mabbun December 19.Results from acts from which intent to accept is implied. whether in a private or public document.In clear and explicit terms. the inheritance shall not be deemed as accepted. Crisostomo A.Heir is really giving it-.

b and c. If the heir repudiates the inheritance to the prejudice of his own creditors. 1. in accordance with the rules established in this Code. E.The right of the creditor to set aside dispositions or renunciations prejudicial to them. a.-. B renounces 2/3 of what he will get. Uribe/Supplied by: Apordo.g. then 2/3 of A's share is deemed renounced. Article 1053. some of them may accept and the others may repudiate it. then he is deemed to have rejected the implied will.-. Why? If the heir rejected an express will. 2010 Article 1052. who is called to the same inheritance as an heir by will and ab intestato. If a person. Should there be several heirs called to the inheritance. Any of them may renounce. shall in no case pertain to the renouncer. but shall be adjudicated to the persons to whom. This assumes that you do not have enough money to pay your creditors. Crisostomo A.. 1996.Notes on Succession/Outline: Atty.He is deemed to have renounced in both capacities. he may still accept it in the latter capacity. The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. without knowledge of his being a testamentary heir. (1009) Balane: If the heir is both a testate and intestate heir: 1. If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. (1006) Balane: Why? Because the right has vested in him at the time the decedent died. 14. Article 1054. Guasque. (1007a) Balane: Illustration: X ---------| | | A B C ----||| abc X died on Jan. A died on Jan. he is understood to have repudiated it in both capacities. Article 1055. should there be any. b and c get the rights of A. No accretion takes place between a. repudiates the inheritance in his capacity as a testamentary heir. and Mabbun December 19. The excess. Page 26 of 79 . Should he repudiate it as an intestate heir. (1001) Balane: Accion Pauliana. it may belong. the latter may petition the court to authorize them to accept it in the name of the heir. The excess is given to whom it would properly belong. 1996 without having accepted or repudiated the inheritance. If he renounces in a testate capacity. If a and b renounce. Partial acceptance is allowed. How much? To the extent to cover the debt only.

This may be accepted or renounced separately. Kinds of Succession Page 27 of 79 . Art. 94 Phil Borromoe-Herreravs. The records of this case show that the complaint was filed while Barcena while still alive and therefore. Del Rosario 92 Phil 530 De Borja vs. 2010 2.-. Philosophy behind this is that testamentary succession is superior to intestate succession. The acceptance or repudiation of an inheritance. her claim or right to the parcels of land in litigation was not extinguished by her death but was transmitted to heir heirs upon her death. (n) Balane: Implied acceptance. Jan 28. Guasque. Bough vs. Barcena. Article 1056. (997) Balane: General rule: Irrevocability of acceptance or repudiation. Note: Legitime is treated separately. 777 provides that “the rights to the succession are transmitted from the moment of death of the testator.The thirty day period is counted from the receipt of the order. they are deemed to have accepted the inheritance. once made. the heirs. 1954. and Mabbun December 19. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court.. Vitiated consent.Notes on Succession/Outline: Atty. is irrevocable.-. the court had acquired jurisdiction over her person. 71 SCRA 491 In this case. The heir may accept the testate share and reject the legitime and vice versa. If he renounces in an intestate capacity. Borromeo 152 SCRA 171 E. The SC held that the deceased can be substituted by his heirs in pursuing the case at bar. De Borja. or when an unknown will appears. devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. and cannot be impugned. whether he had knowledge that he was a testate heir or not. When an unknown will appears. Exceptions: 1. Even if he had knowledge. 46 SCRA 577 Bonilla vs. Article 1057. when there is fraud 2. If they do not do so within that time. Modesto. except when it was made through any of the causes that vitiate consent.g. Uribe/Supplied by: Apordo.” When Barcena died. he may want to accept the testate share to show respect for the will of the testator. only his capacity to inherit as an intestate heir is renounced. the action to quiet title instituted by the late Barcena while she was still alive was dismissed by the lower court saying that the heirs had no legal capacity to sue.-. Uson vs. Crisostomo A.You cannot renounce what you do not know. e.

-. Uribe/Supplied by: Apordo. Void will = no will. Legal or Intestate . a.-.No testamentary disposition at all. (n) Balane: Heir includes devisees and legatees. always valid but may lose its efficacy. Partial . Compulsory. or repudiates the inheritance. Testamentary Article 779. No will. or dispose of all the property belonging to the testator. or with a void will.)-..w/o a will or the will is invalid 3.designation of an heir in a will 2.A will that disposes of part of the free portion B. 2. 779. made in a will executed in the form prescribed by law. or one which has subsequently lost its validity.Succession to the legitime by a forced heir. Succession may be: (1) Testamentary. there being no substitution. 1. once valid. (912a) Balane: This enumeration is not exclusive. In such case. (2) When the will does not institute an heir to. 2.Total intestacy c. Guasque.-. A.partly by will and partly by operation of law 4.-. Total . Erroneous. 780.Notes on Succession/Outline: Atty.-.will. There are other causes. (n) Balane: 1.when revoked. (2) Legal or intestate.Total intestacy b. or if the heir dies before the testator. legal succession shall take place only with respect to the property of which the testator has not disposed. Kinds 1. except in cases provided in this Code. e. and Mabbun December 19. (4) When the heir instituted is incapable of succeeding. Testamentary (Art. Crisostomo A. or (3) Mixed. Legal or intestate succession takes place: (1) If a person dies without a will. (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled.g.)-. Mixed (Art. and no right of accretion takes place. Legal or Intestate Article 960. Testamentary succession is that which results from the designation of an heir. Causes 1. Page 28 of 79 . 2010 Article 778.

(1271a) Article 752. a.Intestacy as to that specific institution. a. by way of donation. Guasque. 2010 2.Useless will as far as succession is concerned. The provisions of article 750 notwithstanding. "does not institute an heir. "Incapable of succeeding-. no person may give or receive. Uribe/Supplied by: Apordo. to the extent laid down by the provisions of this Code referring to testamentary succession. Crisostomo A. 5. including future things."-. If the future spouses agree upon a regime other than the absolute community of property. b. "Does not dispose all. (n) 4. Any excess shall be considered void. may be the object of a contract. The arrival of the resolutory term. and with respect to their future property. All rights which are not intransmissible may also be the object of contracts. they cannot donate to each other in their marriage settlements more than one-fifth of their present property. b. (636) FC Art."-. No contract may be entered into upon future inheritance except in cases expressly authorized by law. 3. Mixed succession is that effected partly by will and partly by operation of law. All services which are not contrary to law. Others not in Art. Impossibility of ascertaining the will of the testator. morals.Notes on Succession/Outline: Atty. 960. (130a) Testamentary Succession II WILLS A Definition Page 29 of 79 .Only specific provision will give rise to intestacy. only in the event of death.Partial intestacy 3. The donation shall be inofficious in all that it may exceed this limitation. (1331a) Article 1347. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property."-. "Suspensive condition does not happen. more than he may give or receive by will. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. good customs. 4. All things which are not outside the commerce of men. Mixed Article 780. 84. Contractual Article 130. public order or public policy may likewise be the object of a contract. and Mabbun December 19.

non-delegable. It is only valid as to form and nothing else. It is voluntary. 8.takes effect upon the person's death (Art.If it does not.-. and Mabbun December 19."-. he only has a limited degree to dispose. with the formalities prescribed by law. But as far as the law is concerned. 6. violence. (Juridical person will never die. or intimidation. it will be useless. Exceptions: a. No vitiated consent. it is not fixed. when it appoints an executor 4. It only becomes irrevocable upon death of the testator. Crisostomo A.-. Unilateral act. A will is an act whereby a person is permitted. "Person. That is why the will can only cover the disposable portion of the estate (free portion. Formally executed. "Permitted to control to a certain degree. 777. Mortis causa. it is void. a.) There is no such thing as an irrevocable will. 2010 SECTION 1 Wills SUBSECTION 1.) Page 30 of 79 . If there are compulsory heirs.)-. deceit. Free act. Comment: . (Arts. 3. Essentially revocable. to control to a certain degree the disposition of this estate. It can not be cured. Guasque.-. when a will disinherits a compulsory heir c.If the form is defective. to control to a certain degree the disposition of this estate. but it may dissolve) 2. duress. "After"-. Wills in General Article 783.Notes on Succession/Outline: Atty.-.it means w/o fraud.why certain degree? Bec. (667a) Characteristics of Wills: 1. to take effect after his death. 7. A will is an act whereby a person is permitted. personal participation of the testator is required. Testamentary capacity of the testator."-. with the formalities prescribed by law. can be taken back (while the testator is alive.better "upon.ambulatory.-. (667a) Balane: Definition of will: 1. 784-787.refers only to natural persons. Dispositive of property. when a will recognizes an illegitimate child b. 5. If there are no compulsory heirs. An "act."-.) 3.is too general.-. a will must be in writing b. compulsory heirs cannot be deprived of their legitimes.does not involve an exchange of values or depend on simultaneous offer and acceptance." B Characteristic Article 783. Purely personal act. 2. to take effect after his death. better "document" bec. the power of the decedent to dispose of his estate is absolute. it can be probated but a useless expense. Uribe/Supplied by: Apordo.

-. (6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto.The Republic contended that the phrase "I hereby leave you (motherland).One person alone. A will may be revoked by the testator at any time before his death. CA. Individual..-.Art. there are no wills.-. or otherwise mentally incapable of making a will. 2. Crisostomo A. the bank account is part of the conjugal funds. 3 CA Reports 377. Said intent must appear from the words of the will. (5) If the signature of the testator was procured by fraud. Montinola v. a person disposes of his prop. It is not fixed. Undue and Improper pressure and influence.-.-. it takes effect after death. 1335 par. There must be a real intent to make a will or a disposition to take effect upon death.granted only by civil law.Art. " is a testamentary disposition in favor of the Republic as an heir. 1. 818. Article 839.intimidation-. Article 828.Art. The law can also take it away. Page 31 of 79 .Art. there being no animus testandi. loved ones. and Mabbun December 19. (737a) Balane: One of the characteristics of a will is that it is ambulatory. Uribe/Supplied by: Apordo.Art. They either make the will void or valid. Fraud. Neither is the agreement a donation inter vivos bec. or threats. (4) If it was procured by undue and improper pressure and influence. 2 4. Joint wills are prohibited under Art. 1335 par.Art.Notes on Succession/Outline: Atty. parents. Insanity. on the part of the beneficiary or of some other person. Force.-. Vitug v. 805 et seq.Art. It is not a constitutional right but merely statutory.-. Guasque. or the influence of fear. The conveyance is not a will bec. Mistake.A couple executed a survivorship agreement wherein their joint bank account would become the sole property of the surviving spouse should one of them die. Any waiver or restriction of this right is void. Statutory grant. (n) Balane: This enumeration is exclusive. 1338 6. In this case. There is no such thing as a voidable will. in a will. The lack of such intent might be seen from the face of the document itself. 1331. CA ruled that it was not. 1337 5. 2010 9. all intestacy 10. (2) If the testator was insane.There must be an intent to dispose mortis causa the property of the testator.-. Animus Testandi. The SC held that such agreement is valid. Formalities.-. 799 3.. it is revocable.-. (3) If it was executed through force or under duress. 1 Duress-. In Russia. at the time of its execution. CA. 11.-.violence-. The phrase is a mere piece of poetry. The will shall be disallowed in any of the following cases: (1) If the formalities required by law have not been complied with.

the decedent does not have rights to the succession. 3. Article 798. not upon the filing of petition for testate/ intestate proceedings. Article 796. not upon the declaration of heirship or upon settlement of the estate. Guasque. (Art. But from the moment of death. This provision is the heart and soul of succession. Rights to succession vest at the moment of death. To improve the provision. The right should be made effective from the moment of death. Four Elements of Succession: 1. Exception: Incapacity.) Article 797. Rights to succession are vested from the moment of death. Article 777. Tradition or delivery is not needed. So any waiver or restriction of this right is void. The rights to the succession are transmitted from the moment of the death of the decedent. In order to make a will it is essential that the testator be of sound mind at the time of its execution. 2010 Revocability is an essential requisite of a will. 798. change the words "succession" to "inheritance" (the right to succeed is an inchoate right) and the verb "transmitted" to "become vested. Existence and capacity of the successor 4. Uribe/Supplied by: Apordo. There are no exceptions to this rule. those inchoate rights become absolute. Q: Can the testator make a will irrevocable? A: No. 4. The most essential provision of the law on succession. (657a) Balane: 1. when expressly prohibited by law: (1) disqualified by reason of age (Art.Notes on Succession/Outline: Atty." 2." This is illogical bec. (662) Balane: General rule: All persons have the testamentary capacity to make a will. This article literally means that the "decedent has the right to the succession which is transmitted upon his death. Page 32 of 79 . (2) disqualified by reason of mental incompetence. 797). age is reckoned according to the calendar month. the right passes to the heirs. Code. not transmitted. Will or Operation of law 3. and Mabbun December 19. he can revoke will at pleasure. As long as he is alive. (n) Balane: Q: How do you compute the age? A: According to the Admin. The rights to succession are automatic. Death 2. Distinguish this from a donation inter vivos w/c cannot be revoked at pleasure by the donor. Persons of either sex under eighteen years of age cannot make a will. Fiction of the law is that from the moment of the death of the decedent. Crisostomo A. (n) Balane: Soundness of mind is determined at the time of the execution of the will. All persons who are not expressly prohibited by law may make a will. Acceptance. This is so bec. the rights to succession before death are mere inchoate.

Joint will-. (669) Balane: 1.Carlos died in 1936. 3. One sheet of paper. The fault probably is in the wording of the law. murder. One sheet of paper. joint wills benefit each other. 5.destroys the will of another. E. So the rights of the illegitimate children under the NCC to inherit can not prejudice the vested rights of the wife. 2010 During the lifetime of the predecessor.It becomes a multiple will. etc. Hence. As such. Bonilla v. he is deemed to have received it at the point of death.— (a) A joint will is one document w/c serves as the will of 2 persons. even sell it. this is prohibited. bec. Q: Why are Joint Wills Prohibited? A: (a) It encourages undue influence. Said right to the share was hers from the moment of death and she could do whatever she wanted w/ her share. Examples: a. (b) it is the will of 2 or more persons. joint wills are allowed only if executed by the spouses. CASES: Uson v. at the time of his death. Even if she did not know how much she was going to inherit. the heirs have the right to be substituted to the action even before their having declared as heirs. We have to apply the OCC bec. For the determination of successional rights. What the law prohibits is not 2 wills on the same sheet of paper but joint wills. On the bottom half is the will of B. In Germany. or in the same instrument. Del Rosario. the rights of the wife to the inheritance were vested.-. As such. Article 818. Fernandez. b. this is so by legal fiction to avoid confusion. 4. no contract can be legally entered into regarding the expected inheritance. the law at the point of death should be the one applied. tearing it up-. she could still dispose of her share in the inheritance. Hence. on the upper half is a will of A. 5. title to the land belongs to the cousin who inherited the land w/ Carlos.Upon the death of the husband before the NCC. voluntary. generally.You do not need a declaration of heirship whether testate or intestate.-. it is the OCC w/c governed the law on succession.-.one instrument.Notes on Succession/Outline: Atty. either for their reciprocal benefit or for the benefit of a third person. there are still 2 documents. Borja v. 2. When a heir receives his inheritance. (b) A reciprocal will involves 2 instruments reciprocally making each other heir.g. Crisostomo A. Borja. This is not a joint will bec. Jimenez v.The right to inherit is vested at the moment of death. Definitions. rights to succession are a mere expectancy. his illegitimate child cannot inherit from him. Is it valid? Yes. and Mabbun December 19.-. this is not prohibited. vest in them even before judicial declaration of their being heirs in the testate proceedings. The rights of the heirs to the prop. (b) It runs counter to the idea that wills are revocable. On each side is a will of one person. On the front page. An action to quiet title is not extinguished by the death of the decedent. The presumption is that wills are valid. (c) It undermines the personal element of a will. Uribe/Supplied by: Apordo. there are 2 documents. Guasque. it being a patrimonial right. Elements of a Joint Will: (a) one single instrument. Barcena. before the effectivity of the NCC. It makes revocation more difficult..-. or attempt to kill the other bec. Two or more persons cannot make a will jointly. Is it valid? Yes. Page 33 of 79 .

E. But the physical act of making a notarial will can be delegated to the secretary but not the execution or making of holographic wills. Is the will valid? Yes. Can not delegate the determination of causes or classes to w/c a certain amount is to be given. Examples of Prohibited Delegation: 1. This is allowed bec. The testator must specify-.g. (671a) Balane: Art. Page 34 of 79 . when referred to by name.g. It is an exercise of the disposing power w/c can not be delegated. Things Which Cannot be Delegated to a Third Person by the Testator: 1." 3. when referred to by name. A dictated The Secretary wrote it down and typed. there are 2 things w/c can be delegated.g. The making of a will is a strictly personal act. 2010 Article 784. 2. The designation of person or institution falling under the class specified by the testator. cannot be left to the discretion of a third person. I hereby set aside the sum _____ w/c my executor may determine for the cause of mental health.Notes on Succession/Outline: Atty.. Article 786. Designation of heir. you have guided already M's decision. The amount is not specified. I hereby set aside the sum of P1M for the development of AIDS research.g. (670a) Balane: This provision clarifies Art. Choosing the members of the class but is restricted by the class designation. and also the designation of the persons. Uribe/Supplied by: Apordo. It covers things that are part of the essence of will making but allowed to be delegated.. it cannot be left in whole or in part to the discretion of a third person. the exercise of the disposing or testamentary power. Article 785. e. M will choose w/c institution. M cannot designate Manila Hotel. Ruben... e. or the determination of the portions which they are to take.before the delegation can take effect. 1. I hereby set aside P1M for such worthy causes as you may determine. By way of exception. Determination of the portion to w/c they are to succeed. e.(a) the amount of property. The duration or efficacy of the designation of heirs. the cause is not specific. 2. (2) the cause of classes of property-. or accomplished through the instrumentality of an agent or attorney. What cannot be left in whole or in part to a third person is the exercise of the will making power. However. Crisostomo A. The mechanical act can be delegated. Guasque. This is not valid bec. 786 is an exception to Arts 784 and 785. and Mabbun December 19. (670a) Balane: The making of a will is a purely personal act. e.g. This can not be done. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes. I hereby appoint X as my executor and it is in his discretion to distribute my estate to whomever he wants to give it. institutions or establishments to which such property or sums are to be given or applied. legatee or devisee. 784 on will-making power.. Can not delegate the designation of the amount of prop. Duration or efficacy of such disposition like.. devisees or legatees. "Bahala ka na.

hidden.-. mistakes and omissions must be corrected. "I give 1/2 of my estate to one of my brothers. Rule: Clarify ambiguity and be guided by these: Testacy should be preferred or upheld as far as practicable. in an amount as my executor may determine. Article 789.perfectly unclear on its face.-.. when it appears that I am the owner of all the 4 corners of the lot. excluding the oral declarations of the testator as to his intention. C Interpretation Article 788.000 for the following institutions: UP. Patent. E. This is mere speculation on what the decedent wanted. The ambiguity does not appear until you apply the provisions of the will. taking into consideration the circumstances under which it was made. That is. in case of doubt. Latent. e. Ut res mages valet quam pereat. Any doubt shall be resolved in favor of testacy.g. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. "I give to M the prop. PGH. I set aside P250. de Roxas. The manner of distribution or power of apportioning the amount of money previously set aside or prop. This includes written declarations." This is in effect delegating the discretion to the disposition of the will. e..operative. Why? Bec.-. and when an uncertainty arises upon the face of the will. SR.. Page 35 of 79 . (n) Balane: 1. 2010 2.g. that interpretation by which the disposition is to be operative shall be preferred.that the thing be valid than perish. specified by the testator.Notes on Succession/Outline: Atty. if the error appears from the context of the will or from extrinsic evidence. e. as to the application of any of its provisions. the testator's intention is to be ascertained from the words of the will. and Mabbun December 19. intersecting Buendia and P. When there is an imperfect description. 789 is the rule on interpretation in order that the will may be valid and not perish.g. or when no person or property exactly answers the description.g. The word "chick" can have 2 interpretations: (1) a girl in w/c case inoperative bec. w/c of those lots? 2. apparent. (n) Balane: Art. The ambiguity is determined only when the will is probated. (n) Balane: This provision clarifies what is meant that "a will is personal." Who among the brothers? This is patently ambiguous. Intestamentary is the presumed will of the decedent. not w/in the commerce of man and (2) sisiw. Q: How will you resolve the ambiguity? What evidence do you admit? A: You can admit any kind of evidence as long as relevant and admissible according to the Rules of Court. I designate the following hospitals to get the share in my estate and appoint M to apportion the amount of P10M. Guasque. Interpret according to the second. The above mentioned are exceptions to the rule that the making of a will are non-delegable.. Rationale: The State prefers testate to intestate. If a testamentary disposition admits of different interpretations. Now. testamentary disposition is the express will of the decedent. Article 787. b. Crisostomo A. excluding such oral declarations. Uribe/Supplied by: Apordo. Kinds of Ambiguity: a.-.that w/c appears in the face of the will.

you should advise your clients to be clear or clarify everything to avoid this ambiguity. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions. But the law should be applied as it is. as if the testator had possessed it at the time of making the will. that is to be preferred which will prevent intestacy. will be passed by the testator. (675a) Article 791. all cars should be given. unless the context clearly indicates a contrary intention. Exception: If the will provides otherwise. prop. When I die.g. Property acquired after the making of a will shall only pass thereby.Notes on Succession/Outline: Atty. how many cars will she get? Following Art. she will get only 2 cars. acquired after the making of the will will not pass unless there is a clear intention or express provisions that the prop. General rule: After acquired property shall not pass. should it expressly appear by the will that such was his intention. 793. The words of a will are to receive an interpretation which will give to every expression some effect. (n) Balane: General rule: Severability. look into the evidences allowed by law. and of two modes of interpreting a will. At the time of the death.. If latent. Uribe/Supplied by: Apordo. 777. I give as legacy to M my cars. and that other can be ascertained. 2010 Except: Oral declarations of the testator. the 2 articles is to repeal Art. then annul the will. bec. For as lawyers. I only had 2 cars when I executed the will. Why? Bec. Guasque. (n) Article 792. " then M gets all 17 cars. they are easy to fabricate. Exception: If it was meant that they were to be operative together as seen in the will. unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. unless a clear intention to use them in another sense can be gathered. A flaw does not affect the other provisions. Page 36 of 79 . and that he was unacquainted with such technical sense. E. 793 is inconsistent w/ Art. Also." The solution to this inconsistency bet. rather than one which will render any of the expressions inoperative. and Mabbun December 19. If inspite of evidence you still cannot cure ambiguity. 793. Technical words in a will are to be taken in their technical sense. The additional cars are not included. Article 790. Art. or unless it satisfactorily appears that the will was drawn solely by the testator. The words of a will are to be taken in their ordinary and grammatical sense. If the ambiguity is patent. No matter how inconsistent it is as pointed out by Tolentino. Crisostomo A. Tell your clients to specify "as of the time of my death. If he said "all my cars when I die. As such. It is better if this was not placed here. the succession will open. (n) Balane: This is a new provision. Article 793. they cannot be questioned by the deceased. Why? Bec. After w/c I acquired 15 more cars. COMMENT: This is crazy. disregard the will.

Can you give bigger? Yes. If the testator is a usufructuary. Article 930.Art. Art. 930 does not apply.. What results? Usufruct to X. Uribe/Supplied by: Apordo. when the testator gave the legacy or devise knowing that it is not his.-.Notes on Succession/Outline: Atty. it is a valid legacy or devise.-. Only the ownership of the land can be given. unless it clearly appears from the will that he intended to convey a less interest. e.Supposing: a. Middle ground. (862a) Balane: Articles 930 and 931. Q: B. there is an implied order to the estate to acquire it. there being no redemption of the whole land or give to A the value of B's share. Only good if the other co-owner is willing to sell. Art. Is this allowed? A: Yes. The testator may give a lesser interest.-. ownership of the land goes by intestacy.-. 931. 2010 Article 794..-. Sella vs. The testator knew that he did not own it. though not belonging to the testator when he made the will.Art. if G and J are not willing to sell their shares. The testator knew that he did not own it. Exception: Unless it appears from the will that he is giving less.If the thing given as devise or legacy is not owned by the testator at the time he made the will but he orders his estate to acquire it. 931 by analogy. the disposition shall take effect. by whatever title. There is no mistake. Crisostomo A. B gave to A the land they owned in common. E. G and J are co-owners. 930. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of. Testator does not order his estate to purchase it.g. 929 says so. he can only bequeath his rights as usufructuary. nothing less. But if the thing bequeathed. there is a doubt and doubts are resolved in favor of validity. and Mabbun December 19. if the testator erroneously believed that the thing pertained to him. Apply Art. it is vitiated by mistake. (n) Balane: General rule: Legacy or devise will pass exactly the interest of the testator over the property.g. I give the usufruct of my land to X. afterwards becomes his. At the very least. nothing more. Guasque. What is the status of that legacy or devise? According to Tolentino. 931 does not apply. say you own a parcel of land. The remedy is to buy the shares of J and G but he can not compel them to buy his share. Art.General rule: A legacy or devise of a thing belonging to someone else when the testator thought that he owned it is a void legacy or devise bec. that is the entire land and full ownership over it giving more than what he owns. The legacy or devise of a thing belonging to another person is void. 49 Phil 333 D Law Governing Form 1 As to Time of Execution Page 37 of 79 . b. Ascuenta. Exception: If the testator acquires it after making his will.

and those which have for their object public order. and Mabbun December 19. he is authorized to make a will in any of the forms established by the law of the country in which he may be. (n) Article 817. Place criterion. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country. the solemnities established by Philippine laws shall be observed in their execution. Domicile 4. shall be delivered to the surviving spouse. Such will may be probated in the Philippines. (n) Article 816.Under Art 815-817. public policy and good customs shall not be rendered ineffective by laws or judgments promulgated. Guasque. Crisostomo A.time of death bec. or according to the formalities observed in his country.-. as well as the clothing for their ordinary use. (1420) Article 815. Prohibitive laws concerning persons. b. (11a) Article 180. (n) Balane: 1. their acts or property. or by determinations or conventions agreed upon in a foreign country. When a Filipino is in a foreign country.law at the time of execution. Uribe/Supplied by: Apordo.-. Formal Validity a. These effects. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. Four combinations as to situation: Page 38 of 79 . Residence 3. Time. five (5) choices are available to the testator: 1. Place.Notes on Succession/Outline: Atty. 2010 Article 795. Citizenship 2. (n) Balane: 1.-. The forms and solemnities of contracts. Intrinsic Validity a. and which might be proved and allowed by the law of his own country. or in conformity with those which this Code prescribes. Philippines 2. which is executed in accordance with the law of the country of which he is a citizen or subject. shall have the same effect as if executed according to the laws of the Philippines. The bed and bedding which the spouses ordinarily use shall not be included in the inventory.Law of citizenship of decedent.-. 777 b. Execution 5. wills. of Art. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides. subsequent laws cannot apply retroactively. Time criterion. 2 As to Place of Execution Article 17. A will made in the Philippines by a citizen or subject of another country. and other public instruments shall be governed by the laws of the country in which they are executed.

this is prohibited. 3. Testator's residence 5. 2.-. either for their reciprocal benefit or for the benefit of a third person.the national law of the testator b. c. In Germany. or attempt to kill the other bec. Foreigner makes a will here.— (a) A joint will is one document w/c serves as the will of 2 persons. tearing it up-. joint wills benefit each other. Wills.one instrument. even though authorized by the laws of the country where they may have been executed. Crisostomo A. he executed a will. You have five (5) choices-. Philippines. (733a) Balane: Page 39 of 79 . The fault probably is in the wording of the law. Examples: a. Place. Foreigner makes a will abroad. 2010 a. he will have to follow Philippine law bec. there are 2 documents. Article 819. murder. In Japan. He may choose among the five (5) places as to what law shall govern the formal requirements of his will.-. 2. b.the law of 1. On each side is a will of one person. executed by Filipinos in a foreign country shall not be valid in the Philippines. 4. Intrinsic. What law governs the validity of will? a. It makes revocation more difficult. Testator's domicile 3. Two or more persons cannot make a will jointly. (b) it is the will of 2 or more persons. The same rule wherever you make your will.. an Argentine citizen. (669) Balane: 1. Definitions. Joint will-.destroys the will of another. Is it valid? Yes.Notes on Succession/Outline: Atty. On the front page. on the upper half is a will of A. Guasque.It becomes a multiple will. 5. On the bottom half is the will of B.-. (c) It undermines the personal element of a will. there are still 2 documents. bec. What the law prohibits is not 2 wills on the same sheet of paper but joint wills. Is it valid? Yes. or in the same instrument. residing in Belgium visiting the Phils. (b) It runs counter to the idea that wills are revocable. d. and Mabbun December 19. all the choices points to that only. Place of execution 4. Filipino makes a will abroad.-. Q: Why are Joint Wills Prohibited? A: (a) It encourages undue influence. generally. The presumption is that wills are valid. this is not prohibited. Uribe/Supplied by: Apordo. prohibited by the preceding article. c. One sheet of paper. Filipino makes a will here b. Elements of a Joint Will: (a) one single instrument. domiciled in France. Example. E. (b) A reciprocal will involves 2 instruments reciprocally making each other heir. Time.the same for Filipinos and aliens.At the time of death. Article 818.g. The testator's citizenship 2. This is not a joint will bec. One sheet of paper. joint wills are allowed only if executed by the spouses. If Ruben executed a will in Makati.

shall be governed by the Civil Code of 1889. before the effectivity of this Code. shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court. 12 SCRA 576 Estate of Rodriguez. Hix. Therefore. Can aliens execute joint wills? a. What is more decisive is that duress being merely a vice or defect of consent. and by the Rules of Court. Crisostomo A. In re Will of Rev. The inheritance of those who. On top of it. 50 OG #9. The widow later on questioned the validity of this extrajudicial partition. and Mabbun December 19. his children grandchildren. 2657 Dela Cerna vs. (ii) No bec. 48 OG # 7. 54 Phil 610 Estate of Giberson. The widow. follow the personal law. children and grandchildren of the deceased entered into an extra-judicial settlement of his estate. by other previous laws. E Law Governing Content 1 As to Time Article 2263. Therefore. This provision is an exception to the rule enunciated in Articles 815 to 817 that for Filipinos. Guasque. 3. cannot execute joint wills. their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code. Uribe/Supplied by: Apordo. he was survived by his widow. If executed in the country where it is allowed. and the present action was instituted only after 28 years after the intimidation is claimed to have occurred. violence and intimidation. appellant entered into a series of subsequent transactions with appellees that confirmed the contracts that she now tries to set aside. and no less than 9 years after the supposed culprit died. Concepcion Felix. If made here and their country allows them to do this? There are 2 views on this: (i) Yes. this cause of action is clearly barred. YES. Potot. legitimes. The SC agreed with the trial Court that the evidence was not convincing that the contracts of transfer from the widow to her daughter. b. die after the beginning of the effectivity of this Code. it may be probated here. Abadia. 46 OG # 2. saying that she entered such contract under duress. but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. betterments. p 4185 Flemmer vs. p 584 When Domingo Rodriguez died intestate. with or without a will. (Rule 12a) 2 As to Successional Rights Page 40 of 79 . it is against public policy. 2.Notes on Succession/Outline: Atty. legacies and bequests shall be respected. 2010 1. and from the latter to her mother and stepfather were executed through violence or intimidation (this was done to allegedly convert paraphernal property into conjugal). consisting of one-half of the properties allegedly belonging to the conjugal partnership. with or without a will. as long as the will is valid in the place of execution. an action based upon it must be brought within four years after it has ceased. Filipinos. Rights to the inheritance of a person who died. then it is valid in the Phils. however. whether here or abroad. It is against public policy.

whatever may be the nature of the property and regardless of the country wherein said property may be found. (n) Balane: Q: How do you compute the age? A: According to the Admin. and Mabbun December 19. 797). p 7302 Estate of Amos Bellis. Article 798. Who may make a will? Article 796. age is reckoned according to the calendar month. 129 SCRA 524 III TESTAMENTARY CAPACITY AND INTENT A. (n) Balane: Soundness of mind is determined at the time of the execution of the will. when expressly prohibited by law: (1) disqualified by reason of age (Art. However. Crisostomo A. Real property as well as personal property is subject to the law of the country where it is stipulated. (662) Balane: General rule: All persons have the testamentary capacity to make a will. (10a) Estate of Chritensen. (2) disqualified by reason of mental incompetence. shall be regulated by the national law of the person whose succession is under consideration. 20 SCRA 358 Cayateno vs. Code. 798. Exception: Incapacity. 61 OG #46.) Article 797. Page 41 of 79 . Leonides. (Art. All persons who are not expressly prohibited by law may make a will. intestate and testamentary successions. Uribe/Supplied by: Apordo. Persons of either sex under eighteen years of age cannot make a will. both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions. Guasque. 2010 Article 16.Notes on Succession/Outline: Atty. In order to make a will it is essential that the testator be of sound mind at the time of its execution.

the less the law expects of you. (2) to take effect upon your death.Know his immediate relatives. parents. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will. The idea is less if you owned more. you have testamentary capacity. the person who maintains the validity of the will must prove that the testator made it during a lucid interval. Uribe/Supplied by: Apordo. To be of sound mind. The nearer the relation.proponent of will does not have to prove the soundness of mind of the testator.-. gratuitously) of your property. not knowing one or more of the 3 mentioned above. but if the testator. and Mabbun December 19. the more you should know. b. Article 800. Experience of mankind is that you give to people who are attached to you by blood. But in wills. unimpaired or unshattered. This does not mean that the testator has to know the description of his property in detail. then there is something wrong. There are 3 presumptions of law: (1) conclusive. or that his mind be wholly unbroken. Immediate relatives referred to are spouses. Say Rockefeller. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of.Know what you own. This depends upon the circumstances. Crisostomo A. (3) disputable Page 42 of 79 . before making his will was publicly known to be insane. The law presumes that every person is of sound mind. The nature of his estate. The farther. General rule: Presumption is for soundness of mind. (n) Balane: This is the law on presumption of soundness of mind as of the time of the execution of the will. injury or other cause. If you think you own Ayala bridge and gives it as a devise.Know the essence of making a will. (2) that w/c is presumed. or unshattered by disease. (n) Balane: 1.-. Know that you are: (1) making a document that disposes (freely.-. (2) quasi-conclusive w/c can be overcome only by specific proof. you are considered insane.Notes on Succession/Outline: Atty. it is not necessary that the testator be in full possession of all his reasoning faculties.-. and the character of the testamentary act. the more a person owns. and (3) that w/c is taken judicial notice of. something is wrong w/ you. one month. unimpaired. in the absence of proof to the contrary. 2. Insanity is relative. If the testator can not recognize his immediate relatives. 2010 Article 799. Character of the testamentary act. sisters. the more he is apt to forget what he has in detail. Proper objects of his bounty. First cousins usually are not known especially if they live abroad.-. It is enough that he has more or less a fairly accurate idea what his properties are. the proper objects of his bounty. children . Why? The law on evidence says that you don't have to prove: (1) that w/c is admitted. It is different in marriage and in contracts. Guasque.does not require that the testator be in full possession of reasoning capacity or that it be wholly unbroken. as long as you know these three (3) things. Soundness of mind. or less. 3. but not first cousins. It means realization of or knowing: a. brothers. c. Disputable presumptions may be overcome by proof to the contrary. Note: Even if you are insane as to other things.

nor is the will of an incapable validated by the supervening of capacity.— (1) ordinary or notarial will w/c requires an attestation clause. Common Requirements for both kinds of wills: 1. (n) Balane: Kinds of Wills allowed under the NCC. Art. 2010 Exception: Insanity is rebuttable presumed when: 1. the presumption ceases.) In these 2 cases. i. If the insane was hospitalized by order of the court In either of these cases. 48 P 772. The requirement is that sanity should exist only at the time of execution.One month or less before the making of the will. E. and Mabbun December 19.. Guasque. A married woman may make a will without the consent of her husband.g. If there had been a judicial declaration of insanity and before such order has been revoked. A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. It must be in writing 2.Notes on Succession/Outline: Atty. Judicial Declaration of Insanity Consists of: 1. an acknowledgement before a notary public. 2. (n) Balane: This article makes explicit what was mentioned in Art. This is allowed among Muslims only. one month before making of the will was running in the Plaza Miranda naked and shouting "Ibagsak!" This is what you mean by publicly known. (Torres v. (2) holographic will w/c must be entirely written. Article 801. Page 43 of 79 . 2. dated and signed in the handwriting of the testator. the testator was publicly known to be insane.) 2.. 800. Q: How about Non-cupative Wills? A: They are not allowed by the NCC. (n) Article 803. (Rule 93. prove that the making of the said will was made by the testator during a lucid interval.e.-. there is a presumption of insanity. 800 par. A. A guardian appointed by reason of insanity. and without the authority of the court. it is the proponent's duty to offer evidence to the contrary. There is a rebuttable presumption of unsoundness of mind. This kind of will is an oral will made by the testator in contemplation of death. Executed in the language or dialect known to the testator. Supervening incapacity does not invalidate an effective will. Subsequent insanity does not affect the validity of the will nor an invalid will be validated by the recovery of the senses of the testator. Effect: 1. Lopez. 2. Article 802. Rebuttable presumption of sanity is nullified or swept away. Crisostomo A. ROC. Uribe/Supplied by: Apordo. But once the order is lifted.

dated. Subsequent insanity does not affect the validity of the will nor an invalid will be validated by the recovery of the senses of the testator.-. 804. 2010 Q: What kind of language? A: It must be a language (a) spoken by a substantial number of persons. (n) Balane: This article makes explicit what was mentioned in Art. Written in a language or dialect known to the testator. Obviously. Sometimes. E. (678. Suroza v. Article 801. Is it not enough that he studied 3 levels to prove that he understands English. nor is the will of an incapable validated by the supervening of capacity. Uribe/Supplied by: Apordo. can you conclude that it is void where in the attestation clause.The issue here is whether the will. Crisostomo A. and signed by the hand of the testator himself. The SC ruled that it is not. In a will. 688a) Page 44 of 79 . Q: Is direct evidence always necessary to prove that the testator knew the language? A: No. B. circumstantial evidence is sufficient. the will is void. and Mabbun December 19. so long as there was testamentary capacity. bec. The testatrix does not know English. It could be in a marble glass or on a wall. Honrado. A person may execute a holographic will which must be entirely written. It is subject to no other form. The requirement is that sanity should exist only at the time of execution. and may be made in or out of the Philippines. (b) must have been reduced to writing and (c) fairly substantive body of literature Q: What is a dialect A: A dialect is a variation of tongue. of non-compliance w/ Art. Supervening incapacity does not invalidate an effective will. Kind of Wills Article 804. Article 810. Supervening incapacity.Notes on Succession/Outline: Atty. being an Igorot and an illiterate. 2. Q: Is it necessary for a will to state that the testator knew the language? A: No. 800. Guasque.. Every will must be in writing and executed in a language or dialect known to the testator. w/c was written in English is valid.g. it was stated that the will was read and translated to Filipino? The law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language. Extrinsic/ testimonial evidence may prove this. a person w/ a college degree does a will in English. In writing but no specific form is required. IV SOLEMNITIES OF WILLS A. and need not be witnessed. (n) Balane: Requirements: 1.

It is not necessary that the will be separate from the body. Cheaper. Uribe/Supplied by: Apordo.. easier to revise. If the date is proven wrong. Exception: When there is no appearance of fraud. the testator is assisted by a lawyer. then its validity depends on whether the error is deliberate Page 45 of 79 . and it will be opened only upon the death of the testator. it is dangerous to say that "Feb. It may not express testator's wishes due to faulty expression 3. Easier to conceal than an attested will. it can be anywhere in the will as long as the date appears in the will. Real Requirements. you need at least four (4) other people. but not as fraught w/ risks as a holographic will. de Jesus. JBL Reyes opines that the disadvantages outweigh the advantages. Does not reveal testamentary capacity of testator due to lack of witnesses 5. In attested will.MANDATORY. Disadvantages: 1. month and year must be indicated. undue influence. (c) If another person wrote an additional part w/ the knowledge of the testator. This kind of will minimizes the risk of fraud and protects the privacy of the testator. 2. Cases (1) Roxas v. As such.In this case . he may not understand technical and legal words.-. Precisely bec. Generally. no notary public needed 2. the will is VALID but the addition is VOID. then it should be allowed under the principle of substantial compliance. (2) Labrador v. and pressure and the authenticity of the will is established. COMMENT: I am not happy w/ the decision bec. One of the purposes is to know when it was executed. Crisostomo A.must be by the hand of the testator himself.On the will.-. He suggested a middle ground.) It is not as strict as a notarial will. Ad&Disad Advantages: 1. Example. This kind of will is sealed in an envelope and brought to the notary who puts his seal and signs to authenticate. testator is not a lawyer. 1. another will dated Feb. and Mabbun December 19.-. specially in the cases where there are other wills. bad faith. there are no witnesses-. 2.-. 4." Is it valid? Yes.bec. but in attested will./61" is valid./61" is sufficient.only you. Written entirely by the testator E./ 61. b. danger of ambiguity is greater than in attested wills. the date was indicated in the body of the will as part of the narration. the father and the members of the family will know its contents. and the only issue is whether or not "Feb. 17/ 61. Is this valid? Yes. it is also easier to falsify—less people you need to collude w/-. VOID (b) If another person wrote an additional part w/o knowledge of the testator.only yourself. B.-. Guasque. VOID. In fact. simple. the period covers one whole month. No protection against causes vitiating consent bec. (a) If partly by the testator and partly by another person.danger is higher. 2010 Balane: A.g.you can allege that no will was made 6.-. a mystic will (testamento cerrado. the date was written as "Feb. General rule: Day.Notes on Succession/Outline: Atty. Ca. it guarantees secrecy and is simpler. Absolute secrecy is guaranteed. Dated a.

the will is considered not dated and the will is void. provided there is an intent on the part of the testator to dispose of the property in the letters and the 3 requisites are present. "I give you 1/2 of my estate as provided for in the document I kept in the safe. If deliberate. Suroza v. then he is literate enough to write his name. the will is void. There is no form required. Q: Is direct evidence always necessary to prove that the testator knew the language? A: No. Crisostomo A. can you conclude that it is void where in the attestation clause.Notes on Succession/Outline: Atty. Obviously. In a will. In writing but no specific form is required. Signature. The testatrix does not know English. Written in a language or dialect known to the testator. the letter does not in itself dispose of the property. Specific Requirement Page 46 of 79 . Date is usually written by putting the day. Sometimes. 2010 or not. B. Suroza vs.The issue here is whether the will.g. the date will be considered as the true date. w/c was written in English is valid. Guasque. Every will must be in writing and executed in a language or dialect known to the testator. E. being an Igorot and an illiterate. Honrado. Are holographic wills in letters allowed? Yes. Honrado 110 SCRA 381 2. a person w/ a college degree does a will in English. The SC ruled that it is not. Notarial Wills 1. 2. circumstantial evidence is sufficient. Uribe/Supplied by: Apordo. 2. General Requirement Article 804. It could be in a marble glass or on a wall. Q&A 1. month.g. 804.Commentators have said that the signature must consist of the testator's writing his name down. other ways may be adopted such as "Christmas day of 1995. Can a blind testator make a holographic will? Yes. However. bec. If not deliberate. it was stated that the will was read and translated to Filipino? The law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language.. and year. What is important is the presence of the 3 requisites. so long as there was testamentary capacity. Extrinsic/ testimonial evidence may prove this." This is [not] a holographic will bec.. c." 3. The reason for this is since he is able to write his will. C. Q: Is it necessary for a will to state that the testator knew the language? A: No. Is it not enough that he studied 3 levels to prove that he understands English.-. E. and Mabbun December 19. (n) Balane: Requirements: 1. of non-compliance w/ Art.-.

3 states this.No. 3. it shall be interpreted to them. this is because he can no longer write due to sickness/ disease called herpes zoster. C. and Mabbun December 19. Guasque. other than a holographic will.-. Par. 1.No. Crisostomo A.by writing his own name.Know the language 1. all it requires is that the agent signed by his direction and not in his presence.No mention that the testator signs in the presence of witnesses and yet par. Uribe/Supplied by: Apordo. b. in the presence of the instrumental witnesses. Salud. as aforesaid. a. The attestation shall state the number of pages used upon which the will is written. Requisites for an ordinary attested will (notarized will. a person may sign in other ways (i) Matias v. and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.testator 2. If the attestation clause is in a language not known to the witnesses.(1) to encourage a person to make a will.-.-. Reason: It is less posssible to forge. Page 47 of 79 . except the last.The testator signed affixing her thumb mark on the will.No statement that the testator and the witnesses must sign every page in one another's presence and yet that is required to be stated in the attestation clause.-. and all the pages shall be numbered correlatively in letters placed on the upper part of each page. Testator. witnesses. but that is required in par. or caused some other person to write his name. B. 1. there is also the danger of falsifying it by affixing the thumb of a newly dead person.-. cold.Purpose of requisites: judgment call of Code Commission.) b.). it is always and under any and all circumstances a valid way to sign a will. Attestation clause a. Every will. Body of the will. Is this a sufficient signature? Yes. Fourth Paragraph. (n) Balane: A.Notes on Succession/Outline: Atty. on the left margin. A thumb mark is always a valid way of signing whether literate or illiterate. each and every page thereof. 3. and by his express direction.-.-. and the fact that the testator signed the will and every page thereof. (2) to make sure that the will is testament of the testator to minimize fraud. Signing. 2.In case of agent.-. under his express direction. shall also sign. 1. In fact. Discrepancies 1. and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. However. The testator or the person requested by him to write his name and the instrumental witnesses of the will.-. physical infirmity.-. 2. balancing of 2 policies. A thumb mark is a sufficient signature of the testator. must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence. Signed by the testator or his agent in his presence and by his express direction at the end thereof and in the presence of the witnesses.literally means "to write one's name.-. Par. Par. Only required to know the contents thereof. 2010 Article 805." Sign means "to put a distinctive mark" (this is the better term to use.-. Subscribe.

A cross can not be considered a signature. Exception: That is his normal way of signing. A signs while B is talking to C. "A" handwritten "by B" typewritten is valid c." The SC held that the testator's name be written by the agent signing in his stead in the place where he would have signed if he were able to do so.[unlike in holographic will. Crisostomo A. "B" is not valid b. "A" is valid (ii) Cases: a. Guasque. (i) Four cases: Testator. Agent. b.-.A.Testator signed w/ a cross.-. Barut v.-.-. It is required that the witness write the testator's name in the testator's presence and under her express direction. General rule: A cross is unacceptable as a signature.to authenticate the will d.B a.-. A signs w/ B breathing on her face. (iv) Purpose of the rules: to test the authenticity of the agency. f. This is so bec. thumb mark is a sufficient signature under all circumstances. There are 2 kinds of ends: (i) Physical end. (ii) Garcia v. such cross is easy to falsify. Usually. d. Balonan v. Testator must sign in the presence of witnesses (i) Four cases: Testator. de la Cuesta. "A" typewritten "by B" handwritten is not valid. It is an added safeguard to minimize fraud. Cabacungan. 805. b. Is this valid? No.Requirements: (1) agent must write the name of the testator by hand.where the writing ends (ii) Logical end. Purpose. and Mabbun December 19. 2010 Q: What if the testator has no disease but signed in his thumb mark? A: This will do bec. D a. But if different. of the non-compliance w/ Art. C. it may be validated by signing and dating at the end of the subsequent clauses (the one after the first signature)] e. (iii) The agent must sign where the testator's signature should be. What if after the signature. Testator directs another to sign his name. The controversy is that what if after the testator affixed his thumb mark. Witnesses.The witness signed his name above the typewritten words "por la testadora Anacleta Abellana. I mean. Where should the testator sign? At the end of the will. c. another person signed on her behalf. some clauses follow? What is the effect of the said clauses to the will? If annuls or makes the whole void bec. it would not appear in the attestation clause.-. then either will do. Abellana. The SC said that the person signing on his behalf is not an agent and besides it was already signed by the testator affixing his thumb mark and to state this (the affixing of the thumb mark) in the attestation is a mere surplusage. Attestation clause does not state this.B.A. Is A signing in B' s presence? YES Page 48 of 79 . B can see A through peripheral vision. (2) advisable if the agent write his name also.that where testamentary disposition ends.Notes on Succession/Outline: Atty.-.-. Uribe/Supplied by: Apordo. Is it signing in the presence of the testator? YES. they are the same.

b. by casting his eyes in the proper direction. de Ramos case. "Every page except the last.sign The three witnesses must do both attesting and subscribing. Literal requirement.Actual seeing is not required. if he wanted to do so. OK. it can not be done bec. (This concerned a 2-page will w/ the first page containing all the dispositions and the second page the attestation and acknowledgement. Page 49 of 79 . Taboada v.) There is some inconsistency here but we have to follow Art. it is only an act of authentication. Rosal. 805 requires that the testator should sign at their presence (Vda. one requirement is that witnesses must know how to read and write w/c implies that the witness write his name. (ii) Nera v.) The will was signed by the witnesses at each and every page thereof.Notes on Succession/Outline: Atty. Blind witnesses are therefore disqualified. Q: Can the validity be affected if the witness signed ahead of the testator? A: No. What is required is that the person required to be present must have been able to see the signing. His line of vision must not be impeded by a wall or curtain. was met when the witnesses signed at the left hand margin of the sole page w/c contained all the testamentary dispositions.-. 2.requirement was made when right hand was not justified when typed. Is it signing in B's presence? YES. Can witnesses sign w/ thumb mark? (1) Some say Yes bec. 2010 c.-.under or on margin. OK Now.to prevent the disappearance of the pages. This is a question of fact for the lower court to determine. The purpose of signing at the end is to prevent interpolation.witnesses must also sign at the end/ last page In the case. the witnesses signed at the left hand margin. Petitioner contended that they should have singed at the same place where the testator signed. at the bottom of the end of the will.as long as signed in the margin. it will already be signed at the bottom. testator can sign anywhere in the page. A signs while B is talking to C w/ B's back to A.-. If there is more than one transaction. (i) each page is signed and authenticated. and Mabbun December 19. The testator or agent must sign every page except the last on the left margin.-. Art. B is also talking to F.directory.-. c. Is a signing in B's presence? NO. Now. (2) some say no bec. Where must witnesses sign? This is not clear. Crisostomo A. then the testator must always sign ahead of the witnesses. Left hand margin. B goes out and stands behind the wall. Purpose. d.manual act -. d. before the testator signed there is no will at all w/c the witnesses can sign and attest to.-. d. However. 3. b. Provided it is made in one occasion or transaction.In this case. 805.-. Attested and subscribed by at least three credible witnesses in the testator's presence and of one another. that is. then let the witnesses sign? A: No.-.Q&A Q: Can the testator sign first not in the witness' presence. Uribe/Supplied by: Apordo. The object of attestation and subscription which is for identification. in strict theory.mandatory (ii) left margin. Guasque. a. Rimando.-. a." Why not the last? Bec. He cannot see A. c. The SC was liberal. Attestation --visual act --witness (vs) Subscribing -.

and the notarial seal coincided w/ the third page during the sealing. the page where the attestation clause appears was signed by the witnesses on the side and not after the attestation clause. 5.there must be a method by w/c the sequence of the pages can be known. there will be ample room for fraud. roman numerals. witnesses need not know the contents of the will. It is a statement of the witnesses.-. numbers. The SC held that this was a fatal defect.Notes on Succession/Outline: Atty. except the last. Three things that must be stated: (i) the number of pages in the will. to add in the attestation clause upon the death of the decedent an essential matter w/c was not there in the first place to validate it. if contains no dispositions. The general rule. Q: Is it required that the witnesses knew the language of the attestation clause: A: No. So long as it has been interpreted to them. a. Witnesses may sign anywhere as long as they sign Icasiano v. Arabic. Icasiano. Such failure to sign was due to inadvertence since in the copy. The presence of these facts led the SC to allow the will. Uribe/Supplied by: Apordo. one page was not signed by one of the witnesses.In the case. and Mabbun December 19. however. is that. Cagro. any conventional sequence of symbols is allowed (ii) Upper part 6. The logic is that if there had been no signature at the bottom but on the sides. c. Q: Must the testator know the language of the attestation clause? Page 50 of 79 . then the will could be probated.letters. This is the same as number 3. Cagro v. the fact that the other requirement was complied with. that is. the failure to sign any page is a fatal defect. After all. Crisostomo A. a. etc. It is merely essential for the formal requirements of a valid will. Attestation clause is not a part of the will proper bec. Directory (i) Manner it is numbered. Where must witnesses sign? At the bottom in order to prevent additions.. All pages must be numbered in letters on the upper part of the page. b. on the left margin. Must the language of the will be understood or known by the witnesses? No. The SC held that this was not a fatal defect. Guasque. and (iii) that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. Mandatory. Unusual circumstances w/c existed in the case: (1) there was another copy (2) inadvertence/ oversight (3) because of the notarial seal. Attestation Clause. to prevent an insertion or taking out of a page..In the will submitted for probate. Witnesses must sign each and every page. (ii) the fact that the testator or his agent signed the will in every page thereof in the presence of the instrumental witnesses.-. all pages were signed. 2010 4. b. d.-. Considering the circumstances.

General rule: The notary public cannot be a witness. Crisostomo A. (2) the aim of the notary public to insure the trustworthiness of the instrument would be lost bec. Reason for the above rules: In order to minimize fraud. From the case. The second concerns the second page. The SC said no. Precisely bec. then there is no need for them to sign at the left margin. Q1: Can a witness be an agent who will sign for the testator? A1: (a) Yes. Ledesma. e. It sets up safeguards to protect the will.(n) Balane: 1.-. 810.This case involves a will wherein the notary public was also one of the three instrumental witnesses. Every will must be acknowledged before a notary public by the testator and the witnesses.-. and Mabbun December 19. 2010 A: No.Notes on Succession/Outline: Atty. An express requirement of Art. The very purpose of Art. Lack of date does not annul an attested will. Q: Must an attested will be dated? A: No. he will try to insure the validity of his own act. Page 51 of 79 .-. Must the testator sign the attestation clause? No. However. The second page contained the attestation clause only and was signed by the witnesses at the bottom. What is required of the testator is to know the language of the will. The absence of the documentary stamp does not affect the validity of the will. Notarization. Abangan v. Since it was already signed by the witnesses at the bottom of the attestation clause. The will is considered as being unacknowledged . It is impossible for him to acknowledge before himself. or file another with the office of the Clerk of Court. Abangan. Its only effect is to prevent it from being presented as evidence. He cannot sign before himself. Javellana v. (Art. we can learn 2 things: The first concerns the first page. 2. it wanted to encourage wills.This case concerns a will that has only 2 pages. But a holographic will must be dated. You can acknowledge one by one. Questions. (b) No. 804 and 805.In the case. The law does not require it to be made simultaneously. The law encourages not discourages will making. Since it was signed by the testator and the witnesses at the bottom.) 7.-.The case deals w/ the question of whether or not the acknowledgement of the will should be done on the same occasion as the execution of the will. then there is no need for them to sign on the margin. The notary public shall not be required to retain a copy of the will.-. the notarial acknowledgement of the will lacked a documentary stamp. the requisite of 3 witnesses is achieved. then the will is valid. 4. 804.A will is a public instrument that is why it must notarized. Article 806. Manta. Did the will comply w/ the requirement of 3 witnesses? No. the testator and the witnesses do not have to acknowledge together. The testator must sign before 3 witnesses. The first page contained the dispositions and was signed by the testator and the witnesses at the bottom. There is no prohibition. Acknowledgement may be validly done after execution. Uribe/Supplied by: Apordo. Gabucan v. In such a case. Does the absence of the documentary stamp invalidate the will? No. The law does not require that execution and acknowledgement be done on the same occasion. As such the judge in the lower court denied probate. The SC gave 2 reasons: (1) The notary public can not be an oath witness and at the same time an oath taker. The solution is to buy a documentary stamp and attach it to the will. Cruz v. Villasor. Exception: When there are more than 3 witnesses. Guasque. In fact. 3. if the testator dies before the last person acknowledges. then the will is not valid. As long as the testator maintains his testamentary capacity and the witnesses maintain their witnessing capacity until the last person acknowledges.

Rosal 118 SCRA 195 On the first page (which contained the entire testamentary dispositions). the testatrix signed at the bottom. 2010 To be safe. As long as the signing is done on one occasion or one continuing transaction. As the lawyer. Q2: Is there any particular order of signing? A2: (a) No. Lacuesta 90 Phil 489 Balonan vs. Held: Valid. there is nothing that the witness is attesting to. Garcia vs. Ledesma 97 Phil 258 Witness to a Will a. The attestation clause also did not state the number of pages. Manta 95 SCRA 752 Javellana vs. If the signing is not done on one occasion or transaction. and the witnesses signed below the attestation clause. Rimando 18 Phil 450 Taboada vs. Abellana 109 Phil 358 Nera vs. Icasiano vs. On the second page which contained the attestation clause. it is discernible from the entire will that it is really composed of only 2 pages duly signed by the testatrix and her instrumental witnesses. in this case. The failure to state the number of pages would have been a fatal defect were it not for the fact that. Villasor 54 SCRA 31 Gabucan vs. and Mabbun December 19. be sure you have at least 3 witnesses. The objects of attestation and of subscription were fully met and satisfied when the witnesses signed at the left margin of the sole page which contained all the testamentary dispositions. Who are competent? Page 52 of 79 . The signatures of the instrumental witnesses on the left margin of the first page of the will attested not only to the genuineness of the signature of the testatrix but also the due execution of the will as embodied in the attestation clause. while the witnesses signed at the left-hand margin. do not let this happen.Notes on Succession/Outline: Atty. Guasque. In such a case. (b) Yes. Crisostomo A. Uribe/Supplied by: Apordo. the testatrix signed at the left hand margin. Icasiano 11 SCRA 422 Cruz vs.

Computed according to the calendar year. credibility depends on how much the court appreciates and believes his testimony.This is important bec.In the case. there is no mandatory requirement that the proponent of the will prove the credibility of the witnesses to the will.. and not blind. Yes bec. Choose any. Gonzales v.-. Six Qualifications of Witnesses to Wills or Requisites for Competence to be a Witness: a. Some commentators say thumb mark is not sufficient for witnesses. Just execute a holographic will. Guasque. the SC said that competency and credibility are different. The SC also said that credibility is determined by the manner the witness testifies in court.-. (n) Article 821.-. In other words.-. and able to read and write. The following are disqualified from being witnesses to a will: (1) Any person not domiciled in the Philippines. there is an implied qualification. Not Blind.Notes on Succession/Outline: Atty. b. A witness to a Page 53 of 79 . She claims that Art. 805 requires that witnesses must be credible as shown in the evidence of record. there are two solutions: 1.The rule applies in wills executed in the Phils. However. Crisostomo A. e. (2) Those who have been convicted of falsification of a document. No. Under the law. same as soundness of mind for contracts. Uribe/Supplied by: Apordo. 2010 Article 820. Any person of sound mind and of the age of eighteen years or more. Such credibility is presumed. the proponent was not able to prove that the 3 witnesses were credible. deaf or dumb. You have 5 choices as to w/c law governs. Q: Why not rape? A: Bec. the oppossitor may prove otherwise by presenting evidence. Q: If a will is executed abroad in a place where there is no one domiciled in the Phils. Social standing or financial position has nothing to do w/ a witness' credibility. does domicile requirement still apply? A: There are two answers for all theory 1. although there are Filipino citizens not domiciled in the Phils. CA. Able to read and write. chastity has nothing to do w/ truthfulness. c. Sound Mind.-. Truthfulness is the gauge. perjury or false testimony. He must not have been convicted of falsification of document. deaf and mute/ dumb. and Mabbun December 19. perjury or false testimony. (n) Balane: Articles 820 and 821 may be taken together. These provisions are applicable only to attested wills and not to holographic wills. d.-. he has to affix his signature.Literate. To be practical. 2. f. Is the oppossitor correct? No. the oppossitor of the probate alleged that the will cannot be probated bec. the law does not distinguish 2.Ability to comprehend what he is doing. At least 18 yrs or over. may be a witness to the execution of a will mentioned in article 805 of this Code. He must be domiciled in the Philippines. these are the three senses you use for witnessing. Lastly.

it disqualifies B to inherit. 823. Special Requirement for deaf. or any one claiming under such person or spouse. giving him a car. or child. each one is given a devise or legacy. for each of them. E. Exception: There are three other witnesses to the will.) 3. 823 has for its purpose the prevention of collusion. or spouse. or child of such person. or child. (b) If there were 4 witnesses. or person claiming under any of them cannot inherit. Article 824. Yes.) 2. child. deaf-mute & blind testators Page 54 of 79 . If a person attests the execution of a will. It is presumed that they are all qualified to be witnesses. (Liberal view. (2) must have the six qualifications. such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. be void. Art. this is an obvious circumvention of Art. (c) If there are four witnesses. No. this is the same rule in testamentary capacity. c. and Mabbun December 19. or parent. Bec. Guasque. (n) Gonzales vs. Does it disqualify B to be a witness? No. It does not tell us that it incapacitates a witness. Competency of interested witness Article 823. Uribe/Supplied by: Apordo. such devise or legacy shall. The legacy is given to B. their becoming subsequently incompetent shall not prevent the allowance of the will. A. unless there are three other competent witnesses to such will. Supervening incompetency Article 822. CA 90 SCRA 183 b. makes legacy to B. or parent. (n) Balane: This is a misplaced provision. (ii) Are bequests to them valid? There are 2 views: 1. It tells us of the incapacity of a witness to succeed.Notes on Succession/Outline: Atty. A mere charge on the estate of the testator for the payment of debts due at the time of the testator's death does not prevent his creditors from being competent witnesses to his will.: (a) Testator A. so far only as concerns such person. It should not be put here but on the section on the disqualification to inherit. or parent. General rule: Witness. Is the legacy valid? Yes. However. (Strict view. 2010 will is competent if he has all the qualifications and none of the disqualifications to be a witness while credibility depends on the appreciation of the court of the testimony of the witness. in a will. (i) Are they competent to be witnesses? Yes. a devise or legacy is given by such will. D. parent. In effect. Bec.g. there are 3 other witnesses. his spouse. C. Crisostomo A. The legacy is void. there are three other witnesses. bec. to whom or to whose spouse. If the witnesses attesting the execution of a will are competent at the time of attesting. Witnesses B. (n) Balane: Competency or capacity to be a witness: (1) is determined at the time of witnessing.

and (2) by the notary public. Guasque. he shall designate two persons to read it and communicate to him. b. In the absence of w/c the will is void. (Garcia v. 2. Crisostomo A. he must personally read the will. Can this be proven to have been complied w/ by competent evidence? Yes. Is the provision mandatory? Yes. the will shall be read to him twice. Such fact or reading must be proven by evidence during the probate proceedings. the contents thereof. 3. or fraud. 808. Page 55 of 79 . Garcia vs. If the testator is blind. 2010 Article 807. (n) Balane: 1. the will was read to the testator only once. 2. If the testator is blind. The SC denied probate of the will for failing to comply w/ the requirements of Art. These additional requirements are mandatory by perfect analogy to the case of Garcia v. The law is not clear if the 2 persons reading it to him would do it separately or in consonance. c. if able to do so. and Mabbun December 19. an attempt to liberalize Articles 804 to 808. by the notary public before whom the will is acknowledged. (n) Balane: This is a liberalization rule. not necessarily in that order. If the testator be deaf. or undue and improper pressure and influence. by one of the subscribing witnesses. There are two cases contemplated: (1) If the testator can read. forgery. Such failure is a formal defect. Vasquez. Can this be presumed? No. Purpose: The reading is mandatory for the purpose of making known to the testator the provision of the will so that he may object if it is not in accordance w/ his wishes. Vasquez. In the absence of bad faith. Vasquez 32 SCRA 489 4. Uribe/Supplied by: Apordo. or a deaf-mute. otherwise. a. 3. the will is void. (2) If illiterate.. Substantial compliance w/ Articles 805 and 806 will validate the will despite some defects in the attestation clause. and again. (n) Balane: This provision lists down a special requirement if a notarial will is executed by a deafmute testator. the will must be read to him twice: (1) by one of the subscribing witnesses. then 2 persons must read the will and communicate to him the meaning of the will in some practicable manner.) In the case. then he must read the will personally. Substantial Compliance Article 809. 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 all the requirements of article 805.Notes on Succession/Outline: Atty. in some practicable manner. Article 808. once. If this is not followed. 1.

you get the impression of utmost liberalization. by examining the will itself. This is bec.g. The SC ruled that it is not. w/c was written in English is valid. 804. E. 2. then you need to be strict. Written in a language or dialect known to the testator. Holographic Wills 1. Sometimes. Q: Is direct evidence always necessary to prove that the testator knew the language? A: No. and may be made in or out of the Philippines. of non-compliance w/ Art." and this can not be remedied by visual examination of the will. Every will must be in writing and executed in a language or dialect known to the testator. If not. dated. Guasque. circumstantial evidence is sufficient. so long as there was testamentary capacity. being an Igorot and an illiterate. (678. Ad&Disad Advantages: Page 56 of 79 . Illustration: If in an attestation clause. If the attestation clause failed to state that "the testator signed in the presence of witnesses. In a will.Notes on Succession/Outline: Atty.-. Crisostomo A. Is it not enough that he studied 3 levels to prove that he understands English.The issue here is whether the will. Suroza v. a person w/ a college degree does a will in English. Suggested amendment of the law: "If such defect and imperfections can be supplied by examination of the will itself and it is proved. A person may execute a holographic will which must be entirely written. It is subject to no other form. 2010 Looking at Art. Guide: If the defect is something that can be remedied by the visual examination of the will itself. the pagination of statement in the attestation clause is merely a double check. then you can liberalize bec. the number of pages used was not stated. This article does not give a clear rule. In writing but no specific form is required.. and signed by the hand of the testator himself. and Mabbun December 19. Uribe/Supplied by: Apordo. The testatrix does not know English. Obviously. JBL Reyes and Tolentino suggest that you make a distinction. Extrinsic/ testimonial evidence may prove this. liberalize. Q: Is it necessary for a will to state that the testator knew the language? A: No. Specific Requirement Article 810. then you have to be strict. We can not determine how liberal we can be or can we go. can you conclude that it is void where in the attestation clause. bec. 2. 688a) Balane: A. 809. Honrado. it was stated that the will was read and translated to Filipino? The law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language. It could be in a marble glass or on a wall. General Requirement Article 804." C. (n) Balane: Requirements: 1. you can detect the defect. the will is void. and need not be witnessed.

Cases (1) Roxas v. no notary public needed 2. Absolute secrecy is guaranteed. and pressure and the authenticity of the will is established. month and year must be indicated. 1. Precisely bec. but in attested will. Cheaper. This kind of will minimizes the risk of fraud and protects the privacy of the testator.must be by the hand of the testator himself.only you.bec.-. the testator is assisted by a lawyer. you need at least four (4) other people. In attested will. General rule: Day. there are no witnesses-. This kind of will is sealed in an envelope and brought to the notary who puts his seal and signs to authenticate. month. Ca. JBL Reyes opines that the disadvantages outweigh the advantages.danger is higher. it can be anywhere in the will as long as the date appears in the will. and Mabbun December 19. undue influence.MANDATORY. it is also easier to falsify—less people you need to collude w/-. Dated a.-. Real Requirements.Notes on Succession/Outline: Atty./61" is sufficient. the will is considered not dated and the will is void.-. Uribe/Supplied by: Apordo. 4. danger of ambiguity is greater than in attested wills. easier to revise. the date was written as "Feb.g.In this case . Does not reveal testamentary capacity of testator due to lack of witnesses 5.you can allege that no will was made 6. other ways may be adopted such as "Christmas day of 1995.-. (c) If another person wrote an additional part w/ the knowledge of the testator. the father and the members of the family will know its contents. Easier to conceal than an attested will. (a) If partly by the testator and partly by another person. It may not express testator's wishes due to faulty expression 3. specially in the cases where there are other wills. then it should be allowed under the principle of substantial compliance. another will dated Feb.-. 17/ 61. but not as fraught w/ risks as a holographic will. the date was indicated in the body of the will as part of the narration./ 61. Is this valid? Yes. However. If the date is proven wrong. If not deliberate. Crisostomo A. Guasque. He suggested a middle ground. VOID (b) If another person wrote an additional part w/o knowledge of the testator. c." Is it valid? Yes.. Disadvantages: 1. 2010 1. the period covers one whole month./61" is valid. de Jesus. and it will be opened only upon the death of the testator. a mystic will (testamento cerrado. VOID. and the only issue is whether or not "Feb. No protection against causes vitiating consent bec. As such.-. 2. simple. Date is usually written by putting the day. Exception: When there is no appearance of fraud. the date will be considered as the true date. bad faith. It is not necessary that the will be separate from the body. he may not understand technical and legal words.On the will. Generally. In fact. One of the purposes is to know when it was executed. and year. then its validity depends on whether the error is deliberate or not. testator is not a lawyer. COMMENT: I am not happy w/ the decision bec. If deliberate.) It is not as strict as a notarial will.only yourself. it is dangerous to say that "Feb. (2) Labrador v. B. 2. Written entirely by the testator E. the will is VALID but the addition is VOID. Example. b." Page 57 of 79 . it guarantees secrecy and is simpler.

Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun December 19, 2010
3. Signature.-- Commentators have said that the signature must consist of the testator's writing his name down. The reason for this is since he is able to write his will, then he is literate enough to write his name. C. Q&A 1. Are holographic wills in letters allowed? Yes, provided there is an intent on the part of the testator to dispose of the property in the letters and the 3 requisites are present. E.g., "I give you 1/2 of my estate as provided for in the document I kept in the safe." This is [not] a holographic will bec. the letter does not in itself dispose of the property. 2. Can a blind testator make a holographic will? Yes. There is no form required. What is important is the presence of the 3 requisites.

Article 812. In holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions. (n)
Balane: To authenticate additional dispositions, the same must be signed and dated by the testator.

Article 813. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. (n)
Balane: If a will has several additions, the testator has two options: (1) Sign each disposition and sign and date the last; or (2) Sign and date each one of the additions.

Article 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. (n)
Balane: Insertion, Cancellation, Erasure, or Alteration.-- Authenticate by "full signature," that is, in the manner the testator usually signs his name. Kalaw v. Relova.-- In the case, there were 2 alterations. In the first alteration, the name of Rosa as sole heir was crossed out and Gregorio's name was inserted. In the second alteration, the name of Rosa as executor was crossed out and Gregorio's name was inserted. The second alteration was initialed. Are the alterations valid? No. Alteration 1: Not signed, thus, not valid. Alteration 2: Initialed, thus, not valid; it must be full signature. Gregorio cannot inherit as a sole heir bec. it was not authenticated. Rosa cannot inherit as sole heir bec. her name was crossed out. This indicated a change of mind on the part of the testator. The SC held that a change done by cancellation and putting in a new name, w/o the full signature, is not valid. As such, the probate is denied and they both inherit by intestacy. Balane: Rosa should inherit as sole heir. The cancellation was not done properly since it was not signed. The effect is as if the cancellation was not done. If the testator wants to change his mind, he should reflect it in the proper way. Page 58 of 79

Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun December 19, 2010
Q: How do we make a change in a notarial will? A: There is no provision of law dealing on this. The ordinary rules of evidence will apply. To prove change, the testator should affix either his signature or initials. The best way, however, is to have the testator and notary public sign. Roxas vs. De Jesus 134 SCRA 245

Kalaw vs. Relova 132 SCRA 237

Page 59 of 79

Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun December 19, 2010

Page 60 of 79

and Mabbun December 19. Crisostomo A. Uribe/Supplied by: Apordo. Guasque. 2010 Page 61 of 79 .Notes on Succession/Outline: Atty.

Notes on Succession/Outline: Atty. 2010 Page 62 of 79 . Crisostomo A. and Mabbun December 19. Uribe/Supplied by: Apordo. Guasque.

Notes on Succession/Outline: Atty. Crisostomo A. 2010 Page 63 of 79 . Uribe/Supplied by: Apordo. Guasque. and Mabbun December 19.

Crisostomo A. and Mabbun December 19. Uribe/Supplied by: Apordo.Notes on Succession/Outline: Atty. Guasque. 2010 Page 64 of 79 .

Guasque. 2010 Page 65 of 79 .Notes on Succession/Outline: Atty. Uribe/Supplied by: Apordo. Crisostomo A. and Mabbun December 19.

Uribe/Supplied by: Apordo. Crisostomo A. Guasque. 2010 Page 66 of 79 .Notes on Succession/Outline: Atty. and Mabbun December 19.

Uribe/Supplied by: Apordo.Notes on Succession/Outline: Atty. Guasque. Crisostomo A. 2010 Page 67 of 79 . and Mabbun December 19.

Notes on Succession/Outline: Atty. Guasque. Crisostomo A. Uribe/Supplied by: Apordo. 2010 Page 68 of 79 . and Mabbun December 19.

2010 Article 1031. Uribe/Supplied by: Apordo. or made through an intermediary. Crisostomo A. shall be void. (755) Page 69 of 79 . Guasque. even though made under the guise of an onerous contract.Notes on Succession/Outline: Atty. and Mabbun December 19. A testamentary provision in favor of a disqualified person.

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