Notes And Cases On SUCCESSION

Based on Lectures given by: Prof. Ruben Ba ane and Prof. Arace i Baviera Co!"i ed and Edited by Rode A. #o ina UP La$ Batc% &''(
This work is a compilation of Prof. Ruben Balane's lectures in succession, by his students both in the UP College of aw and in the !teneo aw "chool. ectures of Prof. Ba#iera in Ci#il aw Re#iew $"uccession% ha#e also been included in this work. "pecial thanks to ouella &ra for lending me her magic notes on "uccession as compiled by students of the !teneo aw "chool, to ianne Tan for lending me her diskette in "uccession containing the lectures of Prof. Ba#iera and to the late 'duardo Balangue for lending me his magic notes on "uccession as compiled by students of the UP College of aw. This work is dedicated to Class !, UP aw Batch ())*, to which & belong. -- RAM _______________

IN)RO*UC)ION
Conce"t.++ Succession is the last mode of acquiring ownership. It is an independent mode of acquiring ownership. Re,uisites of Succession: (1) eath of the predecessor! (") #$istence and capacit% of the successor! (&) 'ro(ision of the law or pro(ision of a will granting the right of succession! ()) Acceptance *% the successor. -: Is tradition .de ivery/ re,uired for o$ners%i" to transfer0 A+ ,o. -wnership is transferred *% succession. not *% an% other mode. Ety!o ogy.++ Succession is deri(ed from " /atin words+ sub. meaning under (e.g.. an underling. a su*ordinate. if a plane tra(els at a su*sonic speed or fl% *elow opposite-- su*sonic) and cedere. meaning to gi(e. to pass. Succession. therefore. is a passing under. It gi(es the idea of the nature of succession as originated from Roman /aw. 0h% do the Romans call it a passing under1 2ec. of the fiction in Roman /aw that a personalit% occupies a space. that is. a legal personalit% is permanent. A permanent fi$ture *ut the occupant will go awa%. And it is the successor who will occup% the

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

space %ou left (acant. 4here is alwa%s what %ou call personalitas. 5Sound through5 li6e a pla%. where %ou wear a mas6. and the one *ehind the curtain is sounding through. that is. some*od% is reall% tal6ing *ehind %ou. 4his. *% analog% is. succession. Persona means 5%ou.5 the character. Personalita or personalit% w7c is alwa%s there. and there is or there will alwa%s *e an occupant. who comes and goes! it ma% change the character. the person passes under. 0hat is *ehind all this1 'ersonalit% ne(er dies. 0e are *ut dust and shadows *ased on the realit% of death. 0h% do we ha(e to de(ise this fiction1 0h% the law on succession1 4he /aw on succession has (arious underpinnings in Roman /aw. that is. first. the (ague idea of after life. li6e the ideas of 8orace -- state of good in the #lipian fields! second. that the law de(elops *ased on conditions of societ%. -ne of the most *asic desire of man is the desire for immortalit%. 8ow. 0hen. 4o 0hom. In 0hat proportion are the% transmitted -- Succession. 2ASIS -9 48# /A0 -, S:33#SSI-,+ 1. Succession pro(ides the (ehicle for satisf%ing %our %earning and longing for immortalit%. It satisfies or consoles %ourself that something in %ou li(es fore(er and this is %our personalit%. -thers usuall% lea(e something li6e paintings. *oo6 of poems. statue so that the% will *e remem*ered fore(er. e.g.. 8orace *% Sha6espeare. ". 3oncept of pater familias. iligence of pater familias. Pater familias means head of the famil%. 4he *asic unit of Roman societ%. It is he who managed and e$ercised authorit% o(er his children. a*solute control o(er his wife. In Roman law. a man;s wife is his child. It is he who is the guardian of the famil% gods. It is a position that must *e occupied e(er% time. It is unthin6a*le to *e otherwise. -nce he dies. it is a*solutel% necessar% not onl% in religion that he is to *e replaced immediatel%. 4his is indispensa*le. 4hese underpinnings are gone now. 4oda%. succession is nothing *ut a mode of acquiring ownership. 0h%1 2ecause %ou do not ha(e the fiction to ha(e succession. *ec. of the spread of 3hristianit% w7c too6 the place of those %earnings that it is *elie(ing in <od and life after death. ,o more %earnings for immortalit%. unless %ou do not *elie(e in the teachings of 3hristianit%. Also. the concept of pater familias is no longer applica*le *ec. of parental authorit% w7c restricted the authorit% of the head of the famil%. 0e no longer ha(e sla(es. a*solute control o(er children. etc. 2ut old *eliefs do not die easil%. Some pro(isions of the law on succession are influenced *% these underpinnings. /i6e. 5heirs are the continuation of the personalit% of the decedent.5 Another is+ when a condition is imposed upon the su*stitute. does the su*stitute ha(e to fulfill the condition1 All of these are residual elements of Roman /aw. *efinition of Succession.++ Succession in a =uridical sense is the su*stitution of one person for another in a determina*le relationship or a su*rogation of one person *% another in a =uridical situation. (Manresa.) Succession is the su*stitution of a person to the determina*le legal relationship of another. (3astan.) 3astan;s definition is *etter. (2alane.) P1ILIPPINE LA2 ON SUCCESSION .Based on t%e ecture given by 3BL Reyes./ #(er% person during his lifetime is at the center of a num*er of =uridical relation flowing

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Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

from personalit%. Some of these legal relations are permanent. some are transitor%. Some of these relations are+ paternit% and filiation. marriage and maternit%. mem*ership of the *ar. student of :'. etc.. w7c other persons do not ha(e. 4here are transitor% relations. and e$amples of these are one when *ought a *ottle of 3o6e! lease of an apartment unit! a mortgage! a contract of partnership! when one rides a *us. etc. 0hen a person dies. personalit% is e$tinguished. Some of these =uridical relations will die w7 %ou-- intuitu personae++ SSS. <SIS-- if the% die w7 %ou. no pro*lem. *ut some of them sur(i(e. e.g.. land. sa% a thousand hectares. If it is onl% a *all pen left *% the decedent. it is not a *ig pro*lem. 2ut what if the decedent left a *ig tract of land. or there is a contract of sale w7c transfers ownership *et. the decedent and third parties. >ou ha(e to set a de(ise. >ou can not lea(e them hanging in the air. >ou ha(e to de(ise a set of rules to determine the how. when. to whom. to what e$tent these rights will *e transmitted. 4he law w7c go(erns them is succession. And that is all on succession. e(er%thing is footnotes. *I44EREN) 5IN*S O4 SUCCESSION A. 2% the moment of transmission+ 1. mortis causa++ ta6es place *% (irtue of death ". inter #i#os++ ta6es place independentl% of death during the lifetime of the parties (now called onation inter #i#os.) 2. #$tent of rights in(ol(ed+ 1. Uni#ersal-- this is (er% catch%- it in(ol(es the entire estate or fractional or aliquot or undi(ided part of the estate. e.g.. I gi(e %ou 17" of m% estate. ". Particular, partial.-- succession to specific items a. legac%-- specific personal prop.. e.g.. I gi(e %ou m% car *. de(ise-- specific real prop.. e.g.. I gi(e to < m% fishpond in /aguna. 3. As to cause+ 1. Compulsory.-- that effected *% operation of law to forced heirs e(en if not in a will! succession to the reser(ed portion7 legitime ". Testamentary.++ *% will &. &ntestate or legal.++ succession in default of a will! su*ordinate to testamentar% succession ). -i.ed.-- com*ination of the a*o(e. ?. Contractual.-- #.g.. donation propter nuptias *% one to another of future prop. w7c ta6es effect after death. 0h% contractual1 2ec. of the transfer of prop. is not *% (irtue of a will *ut *% contract. So it is go(erned *% the law on contracts. 8ence. it must *e go(erned *% the Statute of 9rauds. It must *e in writing to *e enforcea*le. . As to parties to succession+ 1. ecedent. transferor. causante, acutor, de cuius ". Successor. transferee. causa habiente #. As to terms+ 1. 4estator.-- decedent left a will ". Intestate.-- decedent did not lea(e a will &. 8eir.-- one who succeeds *% uni(ersal title or to a share of the estate ). e(isee.-- one who succeeds *% particular title to real prop.

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s creditors-.)-. e*ts are to *e deducted *efore the heirs can get their shares. :nder the modern ci(il law.the% ha(e to *eware-. A will cannot impair the legitime. 4here are e$ceptions. 4he right is the same (o*=ecti(e identit%. A. :nder the . a will gi(ing :' a propert%. #state is lia*le for the de*ts left *% the decedent. and collateral relati(es. E e!ents of Succession . is in(ol(ed. 0ithin the famil%. 3hange of su*=ect (cambio de suheto.33. &. of compulsor% heirs.) It gi(es greater freedom to the decedent to choose in what form he can dispose *% will his estate. ".$%ic% "er!eates t%e entirety of Succession/: 1. 8owe(er.) ". Impro(ement in the successional position of the sur(i(ing spouse. #a6or C%anges in t%e Ne$ Civi Code on Succession: 1. 4he heirs are not lia*le for the de*ts of the estate *e%ond their share in the inheritance. ?. &.same prop. 17&. Basis of t%e La$ on Succession.) I!"ortant Princi" es of Succession . ). If the estate is Bero *alance. 4his is the ecclectic theor% of 3astan. then partition the shares. Sa%. 9reedom is gi(en to the testator as to who among his children he will gi(e the 17&. -thers sa% succession is a law on persons *ec.ownership is transferred from deceased to heir (su*=ecti(e change. Interest of the famil% ma% o(erride the will of the decedent *ec.) 4his is *asicall% a portion of the legitime. the law on persons do not come to pla%.++ Some sa% it is the law on propert% w7c seems to *e the *asic attitude of the 3ode. /egatee. of the compulsor% heirs.-. 'resumption of equalit%. :p to what e$tent1 :p to all its assets. "./: 1. 4his is onl% the general rule. 4he estate passes or de(ol(es to the famil% unless the decedent e$pressl% orders otherwise in a will. 4his is more on the law of propert%. 8olographic will is not a no(elt% *ut a re(i(al. 3astan said that law on succession is *oth law on persons and propert%.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ?. deduct de*ts. :nder the -33. ascendants. *ut not w7 the decedent. @. of the s%stem of legitime. heirs of equal degree7 pro$imit% inherit in equal shares. 4he share is (aria*le that it is so *ewildering.ca#eat creditor. it 'A<# ) . 9amil% co(ers spouse. 8ow can %ou e$plain that1 Is there some lin6 *et. the law on succession and propert%1 4here is. Identit% of -*=ect (identidad de ob/ecto)-. C1D.33. during the lifetime of the latter. It was onl% restored under the . the sur(i(ing spouse is gi(en full ownership and is a compulsor% heir. 4his s%stem was ne(er utiliBed *ec. of the decedent. if the decedent left more de*ts than assets.++Succession can not ta6e place while the owner is ali(e. 4here is a legitime reser(ed for the famil%. 4he State has a share in the inheritance through ta$es. in a pure testamentar% succession. 4he heir7 successor has a mere e$pectanc% right to the prop.#anresa. the sur(i(ing spouse had a right of usufruct onl%. 4his was allowed in the Spanish times *ut was a*rogated during the American regime. the heirs get nothing. A*olition of the right of me/ora or *etterment (the right of the parent to gi(e a child more than the other. onl% the owner is changed.one who succeeds to a specific personal prop. 4he famil% can not *e entirel% depri(ed of the estate *ec. it will not change or affect %our status an%wa%. Allowance of holographic wills (Art. 'rocedure+ 3ollect all assets. descendants. -ortis Causa.

Arts.-. in consideration t%ereof9 .Arts. @. )%e fo o$ing donations s%a be void: . 4he . descendants and ascendants.) ?. Allowance of lifetime pro*ate.Arts. . @. &. <ranting successional rights to7 for spurious children-.8/ )%ose !ade to a "ub ic officer or %is $ife. 11. A*olition of the reser#as and re#ersiones.33 li*eraliBed it *% granting successional rights to spurious children. that is. during the lifetime of the testator.:/ )%ose !ade bet$een "ersons found gui ty of t%e sa!e cri!ina offense. Intestate succession is narrowed from si$th degree to fifth degree. /imitation of the fideicommisar% su*stitution to one degree (*efore. ". In t%e case referred to in No.illegitimate other than natural. two degrees) 1D. Increase of the free portion-. of the allowance of ante mortem pro*ate.ow.-.-. A*olition of the institution under pupilar and e/emplar (su*stitution. ). 1D&C. Art. C"D-C") Rules on repu*lication and re(i(al of wills.-. Areas in Succession Affected by t%e A!erican Code: 1. by reason of %is office. C"E-C&1 Rules on allowance and disallowance of wills. 4he application of the prohi*ition outlined in Art. A&E pro(ides that+ Artic e 78'. ?.&/ )%ose !ade bet$een "ersons $%o $ere gui ty of adu tery or concubinage at t%e ti!e of t%e donation9 .) 1".33 restored reser#a troncal.33. A&E to succession.-. :nder the -33 onl% legitimate children ha(e successional rights. 0h%1 2ec. A. C&C-C&E Rules on 4estamentar% capacit%. C&?-C&@ Rules on re(ocation. Rules in interpretation.Arts. 4his is one of the re(olutionar% changes in the . pro*ate ma% *e post+mortem or ante mortem.-. CD)-CDE Rules go(erning witnesses to wills.corollar% to the a*olition of the me/ora E. C. &. this is *% (irtue of Art. t%e action for dec aration of nu ity !ay be broug%t by t%e s"ouse of t%e donor or donee9 and t%e gui t of t%e donor and donee !ay be "roved by "re"onderance of evidence in t%e sa!e action.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM was ne(er understood *% the people.Arts.Arts. ). <reater facilit% in the pro*ate of wills. ACC-AE" Rules on formal requirements of a will. re#ersion adopti#a (under ' @D&. . 3hapter 1 <ENERAL PRO=ISIONS 'A<# ? . A.

2alane+ 4ransmissi*le propert%. :nder the American s%stem. and o*ligations are transmitted! those w7c are not e$tinguished *% death of the decedent is inheritance. Ru e.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art.g. 0hate(er pa%ment made *% the estate is ultimatel% a pa%ment *% the heirs *ec.++ 'ropert%. )%e in%eritance inc udes a t%e "ro"erty. #(en though the% did not inherit the prop. 77>. 77(.++ 4he estate of the decedent pa%s for the o*ligations of the decedent.++ <eneral rule+ 4he estate pa%s for them *efore the estate is partitioned #$ception+ Al(areB case. Ob igations: a. rights. 2alane+ &. )$o e e!ents of Succession. 8. <uide ines on $%et%er rig%ts@ ob igations are e?tinguis%ed by deat%: 'A<# @ . :. Succession is a !ode of ac. b.o*ligation to 6eep the lessee in the peaceful possession is transmitted to the heirs. rig%ts and ob igations to t%e e?tent of t%e va ue of t%e in%eritance of a "erson are trans!itted t%roug% %is deat% to anot%er or ot%ers eit%er by %is $i or by o"eration of a$. S3 held that heirs cannot escape lia*ilit% for their father. 77> $@ Art. >. Succession is a !ode of ac. Succession is *ut a process of transmission.++ 4ransmitted to the heirs. Pro"erty and Rig%ts+ 'assed on to the decedent. $%et%er or not %e eft a $i . A. 77(..uisition. lessee-lessor-. rig%ts and ob igations of a "erson $%ic% are not e?tinguis%ed by %is deat%. #onetary. BdecedentB is t%e genera ter! a"" ied to t%e "erson $%ose "ro"erty is trans!itted t%roug% succession. these pa%ments decrease their inheritance. 2alane+ #(er% testator is a decedent *ut not all decedents are testators.s successors (. during litigation. Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or *% operation of law. a decedent who did not lea(e a will is called 5intestate. 8ereditar% estates are alwa%s lia*le in their totalit% for the pa%ments of the de*ts of the estate. su"ra. 0hat is left is gi(en to the heirs. Non+!onetary. Art. 9or mone% de*ts+ If not paid in settlement proceedings.++ (1) identit% of o*=ects! (") change of su*=ects. the monetar% equi(alent thereof was de(ol(ed into the mass of the estate w7c the heirs inherited. heirs could *e lia*le to the e$tent of what the% recei(ed 9or o*ligations+ #.. %e is ca ed t%e testator. 77A. If %e eft a $i . rights and o*ligations constitute inheritance.uisition by virtue of $%ic% t%e "ro"erty.s transactions w7c ga(e wa% to this claim for damages. In t%is )it e. Connect Art.5 2ut this is not true in the 'hils. 'redecessor fraudulentl% disposed of the prop. Art.

33 to inherit can not pre=udice the (ested rights of the wife. he is deemed to ha(e recei(ed it at the point of death. <eneral rule+ 4he% form part of the inheritance. this is so *% legal fiction to a(oid confusion. the estate pa%s for it.-. 777. 4o impro(e the pro(ision. uring the lifetime of the predecessor. not upon the filing of petition for testate7 intestate proceedings. &. although purel% patrimonial *ec. credits. 9iction of the law is that from the moment of the death of the decedent. rights and o*ligations which are purel% personal are e$tinguished *% the death of the decedent. 4radition or deli(er% is not needed. 3AS#S+ :son (. 4he heirs of 2 are *ound *% the lease contract. ).. eath ". 4his pro(ision is the heart and soul of succession. 4his article literall% means that the 5decedent has the right to the succession which is transmitted upon his death. #$ception+ Mone% de*ts. 2ut from the moment of death. the rights to succession *efore death are mere inchoate. not upon the declaration of heirship or upon settlement of the estate. -*ligation as lessee and *ailee are transmissi*le. the decedent does not ha(e rights to the succession. rights to succession are a mere e$pectanc%. Rights to succession are (ested from the moment of death. the law at the point of death should *e the one applied. o*ligation of a lessor-. 4he% are not part of the inheritance. mem*ership in the *ar or right of consortium w7 %our wife. not transmitted. e.5 4his is illogical *ec. 2 died. 4he most essential pro(ision of the law on succession. at the time of his death.g. 4he right should *e made effecti(e from the moment of death. e. So the rights of the illegitimate children under the . 0e ha(e to appl% the -33 *ec. 4he rights to succession are automatic. no contract can *e legall% entered into regarding the e$pected inheritance. #$istence and capacit% of the successor ). 4hose o*ligations transmitted to the heirs w7c are not monetar%.g.5 :. those inchoate rights *ecome a*solute. 4hose w7c are purel% patrimonial.-. 9or the determination of successional rights. 4his is so *ec. 'ropert%. change the words 5succession5 to 5inheritance5 (the right to succeed is an inchoate right) and the (er* 5transmitted5 to 5*ecome (ested. 4our E e!ents of Succession: 1. e. ?.g. Rights to succession (est at the moment of death.33. Acceptance. 2 leased to 3 a parcel of land for a term of & %ears. 8ence.. Art. 0ill or -peration of law &.patrimonial.o*ligation to pa% is not transmissi*le. ". 2alane+ 1. the right passes to the heirs. After " %ears. &. the rights of the wife to the inheritance were (ested. 0hen a heir recei(es his inheritance.. )%e rig%ts to t%e succession are trans!itted fro! t%e !o!ent of t%e deat% of t%e decedent.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1. el Rosario.:pon the death of the hus*and *efore the . 'A<# A . it is the -33 w7c go(erned the law on succession.

AAE. Art. she could still dispose of her share in the inheritance. Said right to the share was hers from the moment of death and she could do whate(er she wanted w7 her share. ACD. A dies in 1ECC.Succession to the legitime *% a forced heir. 2alane+ 1.. )esta!entary succession is t%at $%ic% resu ts fro! t%e designation of an %eir. As such. 8ence. According to Art. . it *eing a patrimonial right. (oluntar%. Art. 7CD. #i?ed succession is t%at effected "art y by $i and "art y by o"eration of a$.-. AC1. but a so t%ose $%ic% %ave accrued t%ereto since t%e o"ening of t%e succession. the heirs ha(e the right to *e su*stituted to the action e(en *efore their ha(ing declared as heirs.partl% *% will and partl% *% operation of law ). %es. 7C&. 2onilla (. Is it part of the inheritance1 1. 2or=a. 4he rights of the heirs to the prop. Art. 2alane+ It is *etter to scrap Art. /egal or Intestate . It has no significance. Mi$ed (Art.w7o a will or the will is in(alid &. those w7c accrue after death will still *elong to the heirs.g. there is a crop. An action to quiet title is not e$tinguished *% the death of the decedent.-.33.3arlos died in 1E&@. #.-.&/ )esta!entary9 . 2alane+ 8eir includes de(isees and legatees.-. #(en w7o it. 3ompulsor%. (est in them e(en *efore =udicial declaration of their *eing heirs in the testate proceedings. AC1. 2arcena.-. )%e in%eritance of a "erson inc udes not on y t%e "ro"erty and t%e trans!issib e rig%ts and ob igations e?isting at t%e ti!e of %is deat%. A has a son. 9ernandeB. In 1EED.:/ Lega or Intestate9 or .4he right to inherit is (ested at the moment of death. Art.>ou do not need a declaration of heirship whether testate or intestate.designation of an heir in a will ". *efore the effecti(it% of the . FimeneB (. 77'. e(en sell it. 4estamentar% (Art. 4his is inconsistent w7 Art AAA *ec. !ade in a $i e?ecuted in t%e for! "rescribed by a$. his illegitimate child cannot inherit from him. #(en if she did not 6now how much she was going to inherit.)-. 77C. Succession !ay be: . succession occurs at 'A<# C .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2or=a (. G.)-. Inheritance is a mango plantation. title to the land *elongs to the cousin who inherited the land w7 3arlos. As such.8/ #i?ed. etc.

I *equeathed 17" of m% fishpond in 'ampanga to A. %eir devisee and egatee0 A+ 2efore. If read carefull%. C?). in case of preterition in Art. %es. of ownership of the land he recei(ed at the moment of death. 'A<# E . 4he heir inherited e(en de*ts of the decedent. an heir is one who succeeds to the whole (uni(ersal) or aliquot part of the estate.) and (ice (ersa.++ Someone who is a de(isee (succeeded *% a particular title) can fit into the definition of an heir (succeeds to a fractional7 aliquot7 undi(ided part of the estate. . *eing a specific real prop. G owns it through accession and not succession. specific.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM the moment of death.) 4hose w7c ha(e accrued thereto after death do not comprise the inheritance *ut the% accrue *% (irtue of ownership (accretion. 4he definitions contained in the Spanish 3i(il 3ode were *etter. According to 3astan. e(isee or legatee is one who succeeds to definite. AAA.. Art. e(isee or legatee succeeds *% particular title. *evisees and egatees are "ersons to $%o! gifts of rea and "ersona "ro"erty are res"ective y given by virtue of a $i . the prop. 9ruits are no longer part of the inheritance.g. Art. institution of heir is annulled while de(ise and legac% are not. #$cept in one instance.) Art. and indi(idualiBed properties.o. -: Is it i!"ortant to distinguis% bet. e(isees or legatees were lia*le for de*ts of the decedent onl% up to the e$tent of the (alue of the prop. It *elongs to the heir *ec. so long as there is no impairment of the legitime. /egal concept. e(en if it e$ceed the (alue of the propert%. #. AC1 implies a second succession. . (Art. legatee or de(isee1 A de(isee. An %eir is a "erson ca ed to t%e succession eit%er by t%e "rovision of a $i or by o"eration of a$.ow. 7C: is not a $orEing definition. 2alane+ 4he definitions gi(en in this article are not good.o. An heir succeeds *% uni(ersal title. 7C:. ".. Is the successor an heir.-.

5-. If there are compulsor% heirs. to taEe effect after %is deat%. A $i is an act $%ereby a "erson is "er!itted. he onl% has a limited degree to dispose. the power of the decedent to dispose of his estate is a*solute. 2alane+ *efinition of $i : 1. 5'erson. $it% t%e for!a ities "rescribed by a$. ".refers onl% to natural persons. If there are no compulsor% heirs. 5'ermitted to control to a certain degree.5-. to contro to a certain degree t%e dis"osition of %is estate.wh% certain degree1 2ec. 4hat is wh% the will can onl% co(er the disposa*le portion of the estate (free 'A<# 1D .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM C%a"ter : )ES)A#EN)ARF SUCCESSION Section & 2ILLS Subsection & 2ILLS IN <ENERAL Art. 7C8. compulsor% heirs cannot *e depri(ed of their legitimes.

)-.-ne person alone. C1C. 4he S3 held that such agreement is (alid.++ 4here must *e an intent to dispose mortis causa the propert% of the testator. 5 is a testamentar% disposition in fa(or of the Repu*lic as an heir. duress. It is an e$ercise of the disposing power w7c can not *e delegated. ". lo(ed ones. a. a will must *e in writing *.ta6es effect upon the person. 3A ruled that it was not. 3A. :nilateral act. or intimidation. 9ormall% e$ecuted. #ssentiall% re(oca*le. 4he phrase is a mere piece of poetr%. ispositi(e of propert%. it will *e useless. Statutor% grant.-. all intestac% 1D.*etter 5upon. #$ceptions+ a. (iolence. &. 4he lac6 of such intent might *e seen from the face of the document itself. 4here must *e a real intent to ma6e a will or a disposition to ta6e effect upon death. !nimus Testandi. ?. it can *e pro*ated *ut a useless e$pense.) E. can *e ta6en *ac6 (while the testator is ali(e. Montinola (. -ortis causa. It onl% *ecomes irre(oca*le upon death of the testator. a person disposes of his prop. & 3A Reports &AA.is too general! *etter 5document5 *ec. In this case.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM portion.-. 2ut as far as the law is concerned. or acco!" is%ed t%roug% t%e instru!enta ity of an agent of an attorney. It is not a constitutional right *ut merel% statutor%. it is (oid. In Russia. It is (oluntar%. 7C>.-. A.it means w7o fraud.-. Said intent must appear from the words of the will.ambulatory.) 4here is no such thing as an irre(oca*le will. 'urel% personal act. AAA. 'A<# 11 . @. 2alane+ 4he ma6ing of a will is a purel% personal act.-.A couple e$ecuted a sur(i(orship agreement wherein their =oint *an6 account would *ecome the sole propert% of the sur(i(ing spouse should one of them die..-. An 5act. )%e !aEing of a $i is a strict y "ersona act9 it cannot be eft in $%o e or in "art to t%e discretion of a t%ird "erson.does not in(ol(e an e$change of (alues or depend on simultaneous offer and acceptance.either is the agreement a donation inter #i#os *ec. when it appoints an e$ecutor ). there are no wills.non-delega*le! personal participation of the testator is required.-.-. 9ree act. parents. 2ut the ph%sical act of ma6ing a notarial will can *e delegated to the secretar% *ut not the e$ecution or ma6ing of holographic wills. in a will. 4he law can also ta6e it awa%.5 C%aracteristics of 2i s: 1.) &. it ta6es effect after death. deceit.If the form is defecti(e. Foint wills are prohi*ited under Art. there *eing no animus testandi. it is not fi$ed. C. 11. (Arts. Art. AC)-ACA. when a will disinherits a compulsor% heir c. Hitug (.5-. . 4he con(e%ance is not a will *ec. It is onl% (alid as to form and nothing else. 3A. 3omment+ . .If it does not.-.-. It can not *e cured.o (itiated consent. the *an6 account is part of the con=ugal funds. Indi(idual.4he Repu*lic contended that the phrase 5I here*% lea(e %ou (motherland). 5After5-.granted onl% *% ci(il law.s death (Art.. when a will recogniBes an illegitimate child *. 4estamentar% capacit% of the testator.

(a) the amount of propert%! (") the cause of classes of propert%-. 8owe(er. AC) on will-ma6ing power. 52ahala 6a na. I here*% set aside the sum of '1M for the de(elopment of AI S research. 3an not delegate the designation of the amount of prop. 4his is not (alid *ec. $%en referred to by na!e.*efore the delegation can ta6e effect. 4he manner of distri*ution or power of apportioning the amount of mone% pre(iousl% set aside or prop. I here*% set aside the sum _____ w7c m% e$ecutor ma% determine for the cause of mental health.g. or t%e deter!ination of t%e "ortions $%ic% t%ey are to taEe. 0hat cannot *e left in whole or in part to a third person is the e$ercise of the will ma6ing power. when referred to *% name. SR.5 &. there are " things w7c can *e delegated.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM #. 1. institutions or estab is%!ents to $%ic% suc% "ro"erty or su!s of !oney are to be given or a"" ied. esignation of heir. cannot be eft to t%e discretion of a t%ird "erson 2alane+ 4his pro(ision clarifies Art. 4he mechanical act can *e delegated. '<8. etermination of the portion to w7c the% are to succeed. e. Art. in an amount as m% e$ecutor ma% determine. the cause is not specific. e. )%e testator !ay entrust to a t%ird "erson t%e distribution of s"ecific "ro"erty or su!s of !oney t%at %e !ay eave in genera to s"ecified c asses or causes. M cannot designate Manila 8otel. It co(ers things that are part of the essence of will ma6ing *ut allowed to *e delegated. uration or efficac% of such disposition li6e.g. 7CA. e.DDD for the following institutions+ :'. ". I designate the following hospitals to get the share in m% estate and appoint M to apportion the amount of '1DM. e. %ou ha(e guided alread% M. 3an not delegate the determination of causes or classes to w7c a certain amount is to *e gi(en. 4his is allowed *ec. and a so t%e designation of t%e "ersons. I set aside '"?D. 4he amount is not specified.g. Is the will (alid1 >es. ". ". 4he testator must specif%-. 3hoosing the mem*ers of the class *ut is restricted *% the class designation. 2% wa% of e$ception. A dictated 4he Secretar% wrote it down and t%ped.g.s decision. )%ings 2%ic% Cannot be *e egated to a )%ird Person by t%e )estator: 1. )%e duration or efficacy of t%e designation of %eirs.g. legatee or de(isee. Art.. e.. the e$ercise of the disposing or testamentar% power. I here*% set aside '1M for such worth% causes as %ou ma% determine. 2alane+ Art.. M will choose w7c institution. E?a!" es of Pro%ibited *e egation: 1... 7C(. I here*% appoint G as m% e$ecutor and it is in his discretion to distri*ute m% estate to whome(er he wants to gi(e it.. 4he designation of person or institution falling under the class specified *% the testator. AC@ is an e$ception to Arts AC) and AC?. Ru*en. specified *% the testator. 4his can not *e done.g.. devisees or egatees. 'A<# 1" .

t%e testatorGs intention is to be ascertained fro! t%e $ords of t%e $i . if t%e error a""ears fro! t%e conte?t of t%e $i or fro! e?trinsic evidence. 0h%1 2ec. 7CC. 4he am*iguit% is determined onl% when the will is pro*ated.operati(e. *. not w7in the commerce of man and (") sisiw. 'A<# 1& . Art. )%e testator !ay not !aEe a testa!entary dis"osition in suc% !anner t%at anot%er "erson %as to deter!ine $%et%er or not it is to be o"erative.g. Ru e: 3larif% am*iguit% and *e guided *% these+ 4estac% should *e preferred or upheld as far as practica*le. 2alane+ 4his pro(ision clarifies what is meant that 5a will is personal. apparent. 2%en t%ere is an i!"erfect descri"tion. Rationale+ 4he State prefers testate to intestate. 4he word 5chic65 can ha(e " interpretations+ (1) a girl in w7c case inoperati(e *ec. the% are eas% to fa*ricate. -: 1o$ $i you reso ve t%e a!biguity0 2%at evidence do you ad!it0 A+ >ou can admit an% 6ind of e(idence as long as rele(ant and admissi*le according to the Rules of 3ourt. Intestamentar% is the presumed will of the decedent. e?c uding suc% ora dec arations. /atent.5 4his is in effect delegating the discretion to the disposition of the will. #$cept+ -ral declarations of the testator.5 0ho among the *rothers1 4his is patentl% am*iguous.++ that the thing *e (alid than perish. 5inds of A!biguity: a. 5I gi(e to M the prop. hidden. 2alane+ Art. e. .ow. the% cannot *e questioned *% the deceased.g. !istaEes and o!issions !ust be corrected.that w7c appears in the face of the will. Inter"retation of 2i s@ Ru es of Construction. Also.-.. 4his is mere speculation on what the decedent wanted. e?c uding t%e ora dec arations of t%e testator as to %is intention9 and $%en an uncertainty arises u"on t%e face of t%e $i . ACE is the rule on interpretation in order that the will ma% *e (alid and not perish. Art. *ec. de Ro$as.. w7c of those lots1 :.. 4hat is. testamentar% disposition is the e$press will of the decedent. An% dou*t shall *e resol(ed in fa(or of testac%. Interpret according to the second. intersecting 2uendia and '. If a testa!entary dis"osition ad!its of different inter"retations.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 4he a*o(e mentioned are e$ceptions to the rule that the ma6ing of a will are non-delega*le.-. 7C7. 0h%1 2ec. in case of doubt. 4his includes written declarations. e. as to t%e a"" ication of any of its "rovisions.-. 'atent. Ut res mages #alet 0uam pereat. Art. Artic es 7CC+ 7':. 4he am*iguit% does not appear until %ou appl% the pro(isions of the will.g. 5I gi(e 17" of m% estate to one of m% *rothers. when it appears that I am the owner of all the ) corners of the lot. t%at inter"retation by $%ic% t%e dis"osition is to be o"erative s%a be "referred. 7C'. or $%en no "erson or "ro"erty e?act y ans$ers t%e descri"tion. 2alane+ &. #.perfectl% unclear on its face. taEing into consideration t%e circu!stances under $%ic% it $as !ade.

acquired after the ma6ing of the will will not pass unless there is a clear intention or e$press pro(isions that the prop. she will get onl% " cars.4+ 4his is craB%.5 4he solution to this inconsistenc% *et. AE&. <eneral rule+ After acquired propert% shall not pass. I onl% had " cars when I e$ecuted the will. 2ut the law should *e applied as it is. the " articles is to repeal Art. At the time of the death. It is *etter if this was not placed here. #$ception+ If the will pro(ides otherwise. and t%at %e $as unac. will *e passed *% the testator. Art. #$ception+ :nless it appears from the will that he is gi(ing less. 2alane+ 4his is a new pro(ision. 7':. )%e $ords of a $i are to be taEen in t%eir ordinary and gra!!atica sense. prop. loo6 into the e(idences allowed *% law. AE& is inconsistent w7 Art. 2alane+ <eneral rule+ Se(era*ilit%.ueat% in t%e "ro"erty dis"osed of. If latent. AE&. If the am*iguit% is patent. 7'>.uainted $it% suc% tec%nica sense. 5 then M gets all 1A cars. s%ou d it e?"ress y a""ear by t%e $i t%at suc% $as %is intention. . 7'8. un ess t%e conte?t c ear y indicates a contrary intention.o matter how inconsistent it is as pointed out *% 4olentino. the succession will open. 9or as law%ers. Every devise or egacy s%a convey a t%e interest $%ic% t%e testator cou d devise or be. #. un ess a c ear intention to use t%e! in anot%er sense can be gat%ered. Art. %ou should ad(ise %our clients to *e clear or clarif% e(er%thing to a(oid this am*iguit%. )%e inva idity of one of severa dis"ositions contained in a $i does not resu t in t%e inva idity of t%e ot%er dis"ositions. then annul the will.uired after t%e !aEing of a $i s%a on y "ass t%ereby. 4ell %our clients to specif% 5as of the time of m% death. Pro"erty ac. 0hen I die. If he said 5all m% cars when I die. how man% cars will she get1 9ollowing Art. disregard the will. After w7c I acquired 1? more cars. all cars should *e gi(en. As such.. Art. Art. #$ception+ If it was meant that the% were to *e operati(e together as seen in the will. or un ess it satisfactori y a""ears t%at t%e $i $as dra$n so e y by t%e testator. Art. as if t%e testator %ad "ossessed it at t%e ti!e of !aEing t%e $i . 7'D. un ess it c ear y a""ears fro! t%e $i t%at %e intended to convey a ess interest. )ec%nica $ords in a $i are to be taEen in t%eir tec%nica sense. 3-MM#. 4he additional cars are not included. 2alane+ <eneral rule+ /egac% or de(ise will pass e$actl% the interest of the testator o(er the propert%.g. A flaw does not affect the other pro(isions.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM If inspite of e(idence %ou still cannot cure am*iguit%. un ess it is to be "resu!ed t%at t%e testator $ou d not %ave !ade suc% ot%er dis"ositions if t%e first inva id dis"osition %ad not been !ade. and t%at ot%er can be ascertained. I gi(e as legac% to M m% cars. 0h%1 2ec. 'A<# 1) . AAA.

fi(e (?) choices are a(aila*le to the testator+ 1.) Art. 7'A. e. that is the entire land and full ownership o(er it gi(ing more than what he owns. < and F are co-owners. Art. nothing less. 4ime criterion. Art. (Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM #. if < and F are not willing to sell their shares. nothing more. 2alane+ &. AEC. of Art.. 'hilippines :. )%e va idity of a $i as to its for! de"ends u"on t%e observance of t%e a$ in force at t%e ti!e it is !ade. 7'7. I gi(e the usufruct of m% land to G.time of death *ec.-. 4he testator ma% gi(e a lesser interest.++ Testamentary Capacity and Intent 2alane+ Testamentification acti#a is the capacit% to ma6e a will. 0hat results1 :sufruct to G. Art. 'lace criterion.g. 4he remed% is to *u% the shares of F and < *ut he can not compel them to *u% his share.law at the time of e$ecution! su*sequent laws cannot appl% retroacti(el%. AAA *. 7'(. -nl% good if the other co-owner is willing to sell. Subsection :. omicile ). #$ception+ Incapacit%..:nder Art C1?-C1A. 3an %ou gi(e *igger1 >es. I+ 2. Intrinsic =a idity a. 'A<# 1? . 'lace. ownership of the land goes *% intestac%. there *eing no redemption of the whole land or gi(e to A the (alue of 2. 3orporations can not ma6e wills. E"E sa%s so.-. 2alane+ <eneral rule+ All persons ha(e the testamentar% capacit% to ma6e a will.s share. 4or!a =a idity a. he can onl% *equeath his rights as usufructuar%. If the testator is a usufructuar%. *./aw of citiBenship of decedent. Residence &. Is this allowed1 A+ >es. 0ho has testamentar% capacit%1 All natural persons. Testamentification pasi#a is the capacit% to inherit *ased on a will. 4ime. -nl% the ownership of the land can *e gi(en. when e$pressl% prohi*ited *% law+ (1) disqualified *% reason of age (Art. Persons of eit%er se? under eig%teen years of age cannot !aEe a $i . -nl% natural human *eings can ma6e a will. sa% %ou own a parcel of land.-. 2 ga(e to A the land the% owned in common. AEA)! (") disqualified *% reason of mental incompetence. 3itiBenship ". #$ecution ?.-.g. A "ersons $%o are not e?"ress y "ro%ibited by a$ !ay !aEe a $i .

Art. %ou ha(e testamentar% capacit%. in6ury or ot%er cause. children .-. %ou are considered insane. It !eans rea iHation of or Eno$ing: a. *rothers. before !aEing %is $i $as "ub ic y Eno$n to be insane. 4his does not mean that the testator has to 6now the description of his propert% in detail.Jnow the essence of ma6ing a will. 2ut in wills. 4he idea is less if %ou owned more. it is not necessary t%at t%e testator be in fu "ossession of a %is reasoning facu ties. age is rec6oned according to the calendar month. 8. c. It s%a be sufficient if t%e testator $as ab e at t%e ti!e of !aEing t%e $i to Eno$ t%e nature of t%e estate to be dis"osed of. *. sisters.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ -: 1o$ do you co!"ute t%e age0 A+ According to the Admin. something is wrong w7 %ou. #$perience of man6ind is that %ou gi(e to people who are attached to %ou *% *lood. 4he nearer the relation. uni!"aired. or uns%attered by disease. In order to !aEe a $i it is essentia t%at t%e testator be of sound !ind at t%e ti!e of its e?ecution. 'roper o*=ects of his *ount%. CDD. the less the law e$pects of %ou. 9irst cousins usuall% are not 6nown especiall% if the% li(e a*road. gratuitousl%) of %our propert%! (") to ta6e effect upon %our death. or ess.-.Jnow what %ou own.++ does not require that the testator *e in full possession of reasoning capacit% or that it *e wholl% un*ro6en. Art. parents. 2alane+ "oundness of mind is determined at the time of the e$ecution of the will. and t%e c%aracter of t%e testa!entary act. Insanity is re ative. 3haracter of the testamentar% act. If the testator can not recogniBe his immediate relati(es. Soundness of !ind.Jnow his immediate relati(es. It is different in marriage and in contracts. or t%at %is !ind be $%o y unbroEen. 3ode. . not 6nowing one or more of the & mentioned a*o(e. as long as %ou 6now these three (&) things. Jnow that %ou are+ (1) ma6ing a document that disposes (freel%. Art. the more he is apt to forget what he has in detail. one !ont%.ote+ #(en if %ou are insane as to other things. )%e burden of "roof t%at t%e testator $as not of sound !ind at t%e ti!e of !aEing %is dis"osition is on t%e "erson $%o o""oses t%e "robate of t%e $i 9 but if t%e testator. 2alane+ &. then there is something wrong. 7'C. 4he farther.-. Sa% Roc6efeller. 7''. If %ou thin6 %ou own A%ala *ridge and gi(es it as a de(ise. the more a person owns. unimpaired or unshattered. the more %ou should 6now. 4his depends upon the circumstances. )o be of sound !ind. *ut not first cousins. )%e a$ "resu!es t%at every "erson is of sound !ind. It is enough that he has more or less a fairl% accurate idea what his properties are. Immediate relati(es referred to are spouses. t%e "erson $%o 'A<# 1@ . :. 4he nature of his estate. t%e "ro"er ob6ects of %is bounty. in t%e absence of "roof to t%e contrary.

2ut once the order is lifted. CD&. Art.t ha(e to pro(e+ (1) that w7c is admitted! (") that w7c is presumed! and (&) that w7c is ta6en =udicial notice of.. !ust "rove t%at t%e testator !ade it during a ucid 2alane+ 4his is the law on presumption of soundness of mind as of the time of the e$ecution of the will.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM !aintains t%e va idity of t%e $i interva . there is a presumption of insanit%. Re*utta*le presumption of sanit% is nullified or swept awa%.-ne month or less *efore the ma6ing of the will. isputa*le presumptions ma% *e o(ercome *% proof to the contrar%. R-3. ". A guardian appointed *% reason of insanit%. Su"ervening inca"acity does not inva idate an effective $i . Art. <enera ru e: 'resumption is for soundness of mind. Su*sequent insanit% does not affect the (alidit% of the will nor an in(alid will *e (alidated *% the reco(er% of the senses of the testator.-. the testator was pu*licl% 6nown to *e insane.. 4here is a re*utta*le presumption of unsoundness of mind. 0h%1 4he law on e(idence sa%s that %ou don. )C ' AA". (4orres (. and $it%out aut%ority of t%e court. /opeB. 4he requirement is that sanit% should e$ist onl% at the time of e$ecution. the presumption ceases. ". CDD.g. i. nor is t%e $i of an inca"ab e va idated by t%e su"ervening of ca"acity. #. If the insane was hospitaliBed *% order of the court In either of these cases.-. A !arried $o!an !ay !aEe a $i $it%out t%e consent of %er %usband. (Rule E&.) In these " cases.e. CD:. If there had *een a =udicial declaration of insanit% and *efore such order has *een re(o6ed. Art. pro(e that the ma6ing of the said will was made *% the testator during a lucid inter(al. 2alane+ 4his article ma6es e$plicit what was mentioned in Art.) ". A !arried $o!an !ay dis"ose by $i of a %er se"arate "ro"erty as $e as %er s%are of t%e con6uga "artners%i" or abso ute co!!unity "ro"erty. CDD par.s dut% to offer e(idence to the contrar%. it is the proponent. 4here are & presumptions of law+ (1) conclusi(e! (") quasi-conclusi(e w7c can *e o(ercome onl% *% specific proof! (&) disputa*le E?ce"tion: Insanit% is re*utta*le presumed when+ 1. Art. A. ". #ffect+ 1. 3udicia *ec aration of Insanity Consists of: 1. CD8. 'A<# 1A .proponent of will does not ha(e to pro(e the soundness of mind of the testator. one month *efore ma6ing of the will was running in the 'laBa Miranda na6ed and shouting 5I*agsa6K5 4his is what %ou mean *% pu*licl% 6nown.

-: 1o$ about Non-cupative 2i s0 A+ 4he% are not allowed *% the . ot%er t%an a %o ogra"%ic $i . it was stated that the will was read and translated to 9ilipino1 4he law does not require translation nor interpretation of the language to the testator *ut that he himself personall% understands the said language. I+ Is it necessar% for a will to state that the testator 6new the language1 A+ . 2alane+ Re. so long as there was testamentar% capacit%.-. circumstantial e(idence is sufficient. In a will. 4he testatri$ does not 6now #nglish. Artic es CDA to CD'. dated and signed in the handwriting of the testator. Sometimes. 4he S3 ruled that it is not. *eing an Igorot and an illiterate.++ (1) ordinary or notarial will w7c requires an attestation clause. Every $i !ust be in $riting and e?ecuted in a anguage or dia ect Eno$n to t%e testator. 4his is allowed among Muslims onl%. #$trinsic7 testimonial e(idence ma% pro(e this.o.4he issue here is whether the will. It must *e in writing ". I+ 0hat 6ind of language1 A+ It must *e a language (a) spo6en *% a su*stantial num*er of persons! (*) must ha(e *een reduced to writing and (c) fairl% su*stanti(e *od% of literature I+ 0hat is a dialect A+ A dialect is a (ariation of tongue.g. In writing *ut no specific form is required. SuroBa (.uire!ents: 1.uire!ents for bot% Einds of $i s: 1. 0ritten in a language or dialect 6nown to the testator.. Co!!on Re.o.uire!ents for Attested 2i s.++ S"ecia Re. of non-compliance w7 Art. an ac6nowledgement *efore a notar% pu*lic! (") holographic will w7c must *e entirel% written. #. ". 4his 6ind of will is an oral will made *% the testator in contemplation of death. CDA. CD). 8onrado.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Subsection 8. a person w7 a college degree does a will in #nglish. CD>. can %ou conclude that it is (oid where in the attestation clause. #$ecuted in the language or dialect 6nown to the testator. Every $i . I+ Is direct e(idence alwa%s necessar% to pro(e that the testator 6new the language1 A+ . Art. Is it not enough that he studied & le(els to pro(e that he understands #nglish. -*(iousl%. Art. !ust be subscribed at t%e end 'A<# 1C .++ Forms of Wills 2alane+ 5inds of 2i s a o$ed under t%e NCC. *ec.33. w7c was written in #nglish is (alid. the will is (oid. It could *e in a mar*le glass or on a wall.

1. on t%e eft !argin.In case of agent. 'ar.-..s presence and %et that is required to *e stated in the attestation clause.-. eac% and every "age t%ereof. Is this a sufficient signature1 >es. )%e attestation s%a state t%e nu!ber of "ages used u"on $%ic% t%e $i is $ritten. and a t%e "ages s%a be nu!bered corre ative y in etters " aced on t%e u""er "art of eac% "age. Salud.. A thum* mar6 is a sufficient signature of the testator. &.-. witnesses. &. A thum* mar6 is alwa%s a (alid wa% of signing whether literate or illiterate. under %is e?"ress direction. In fact. all it requires is that the agent signed *% his direction and not in his presence. Signing. Reason+ It is less posssi*le to forge. 2alane+ A. there is also the danger of falsif%ing it *% affi$ing the thum* of a newl% dead person.*% writing his own name! a person ma% sign in other wa%s (i) Matias (..'urpose of requisites+ =udgment call of 3ode 3ommission! *alancing of " policies.-.o. 'ar.s name. a. thum* mar6 is a sufficient signature under all circumstances.-.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM t%ereof by t%e testator %i!se f or by t%e testatorGs na!e $ritten by so!e ot%er "erson in %is "resence. and t%at t%e atter $itnessed and signed t%e $i and a t%e "ages t%ereof in t%e "resence of t%e testator and of one anot%er. & states this. 2.-. and attested and subscribed by t%ree or !ore credib e $itnesses in t%e "resence of t%e testator and of one anot%er.-. Attestation clause a.-. 3.literall% means 5to write one.-. ".-.. it s%a be inter"reted to t%e!. this is *ecause he can no longer write due to sic6ness7 disease called herpes 1oster. 'ar. s%a a so sign. )%e testator or t%e "erson re. as aforesaid.o statement that the testator and the witnesses must sign e(er% page in one another.-.o. in t%e "resence of t%e instru!enta $itnesses.o mention that the testator signs in the presence of witnesses and %et par. I+ 0hat if the testator has no disease *ut signed in his thum* mar61 A+ 4his will do *ec.). e?ce"t t%e ast. or caused so!e ot%er "erson to $rite %is na!e. it is alwa%s and under an% and all circumstances a (alid wa% to sign a will. Signed by t%e testator or %is agent in %is "resence and by %is e?"ress direction at t%e end t%ereof and in t%e "resence of t%e $itnesses. and by %is e?"ress direction. Su*scri*e.) *. *.5 Sign means 5to put a distincti(e mar65 (this is the *etter term to use. &. Requisites for an ordinar% attested will (notariBed will. ph%sical infirmit%.testator ". 1. If t%e attestation c ause is in a anguage not Eno$n to t%e $itnesses. 4estator. 'A<# 1E .Jnow the language 1.4he testator signed affi$ing her thum* mar6 on the will. *ut that is required in par.uested by %i! to $rite %is na!e and t%e instru!enta $itnesses of t%e $i . ". 9ourth 'aragraph. and t%e fact t%at t%e testator signed t%e $i and every "age t%ereof. iscrepancies 1.-. -nl% required to 6now the contents thereof.(1) to encourage a person to ma6e a will! (") to ma6e sure that the will is testament of the testator to minimiBe fraud. 2od% of the will. cold. 8owe(er.

5A5 is (alid (ii) 3ases+ a. <eneral rule+ A cross is unaccepta*le as a signature. d. I mean. 525 is not (alid *. 2 is also 'A<# "D .where the writing ends (ii) /ogical end. It is required that the witness write the testator. f. 5A5 t%pewritten 5*% 25 handwritten is not (alid. s presence1 >#S c.-.2.-. t hen either will do. it would not appear in the attestation clause. A signs while 2 is tal6ing to 3. A cross can not *e considered a signature. Is it signing in the presence of the testator1 >#S. A*ellana.o. 3. 2alonan (. Attestation clause does not state this. Is A signing in 2.that where testamentar% disposition ends. another person signed on her *ehalf. It is an added safeguard to minimiBe fraud. 4his is so *ec. c. 2 can see A through peripheral (ision.s *ac6 to A.s signature should *e. 8e cannot see A. de la 3uesta. #$ception+ 4hat is his normal wa% of signing. (ii) <arcia (. 2arut (.to authenticate the will d. such cross is eas% to falsif%.5 4he S3 held that the testator. 'urpose. A signs w7 2 *reathing on her face.s name *e written *% the agent signing in his stead in the place where he would ha(e signed if he were a*le to do so. 5A5 handwritten 5*% 25 t%pewritten is (alid c. *. (i() 'urpose of the rules+ to test the authenticit% of the agenc%.s presence1 >#S.4estator signed w7 a cross. 3a*acungan.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 4he contro(ers% is that what if after the testator affi$ed his thum* mar6. the% are the same. 0here should the testator sign1 At the end of the will. 4here are " 6inds of ends+ (i) 'h%sical end.s presence and under her e$press direction.A! 0itnesses. 4estator directs another to sign his name. some clauses follow1 0hat is the effect of the said clauses to the will1 If annuls or ma6es the whole (oid *ec.-. of the non-compliance w7 Art.-.Requirements+ (1) agent must write the name of the testator *% hand! (") ad(isa*le if the agent write his name also.-. 2ut if different. *.s name in the testator.A! Agent. 0hat if after the signature.4he witness signed his name a*o(e the t%pewritten words 5por la testadora Anacleta A*ellana. e. Is it signing in 2. 4estator must sign in the presence of witnesses (i) 9our cases+ 4estator. Is this (alid1 . (iii) 4he agent must sign where the testator. (i) 9our cases+ 4estator.-. CD?. :suall%.-. d. 2 goes out and stands *ehind the wall. a. 4he S3 said that the person signing on his *ehalf is not an agent and *esides it was alread% signed *% the testator affi$ing his thum* mar6 and to state this (the affi$ing of the thum* mar6) in the attestation is a mere surplusage.-. A signs while 2 is tal6ing to 3 w7 2.2 a.

then the testator must alwa%s sign ahead of the witnesses. Is a signing in 2. *efore the testator signed there is no will at all w7c the witnesses can sign and attest to.-.-.era (.-. Attestation --(isual act --witness Su*scri*ing -. a. 8is line of (ision must not *e impeded *% a wall or curtain.o. (ii) .to pre(ent the disappearance of the pages. 3an witnesses sign w7 thum* mar61 (1) Some sa% >es *ec. CD? requires that the testator should sign at their presence (Hda. at the *ottom of the end of the will. 'A<# "1 .witnesses must also sign at the end7 last page In the case. 4he S3 was li*eral. the witnesses signed at the left hand margin.s presence1 . 4a*oada (. *.-. 0hat is required is that the person required to *e present must ha(e *een a*le to see the signing.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM tal6ing to 9. de Ramos case. Art. 'etitioner contended that the% should ha(e singed at the same place where the testator signed.o.Actual seeing is not required.5 0h% not the last1 2ec. 'ro(ided it is made in one occasion or transaction. 4he purpose of signing at the end is to pre(ent interpolation. -J . 8.under or on margin. it will alread% *e signed at the *ottom. 4his is a question of fact for the lower court to determine. presence.sign 4he three witnesses must do *oth attesting and su*scri*ing. 0here must witnesses sign1 4his is not clear. d. :.manual act -. was met when the witnesses signed at the left hand margin of the sole page w7c contained all the testamentar% dispositions. /iteral requirement. Rosal. 5#(er% page e$cept the last. CD?. *. if he wanted to do so. in strict theor%. 'urpose. Attested and subscribed by at east t%ree credib e $itnesses in t%e testatorGs "resence and of one anot%er. (4his concerned a "-page will w7 the first page containing all the dispositions and the second page the attestation and ac6nowledgement. I+ 3an the testator sign first not in the witness. 2lind witnesses are therefore disqualified. 8owe(er.as long as signed in the margin. I+ 3an the (alidit% *e affected if the witness signed ahead of the testator1 A+ . c. )%e testator or agent !ust sign every "age e?ce"t t%e ast on t%e eft !argin. -J. *% casting his e%es in the proper direction. it can not *e done *ec.) 4he will was signed *% the witnesses at each and e(er% page thereof. a. Rimando. 4he o*=ect of attestation and su*scription which is for identification. it is onl% an act of authentication! (") some sa% no *ec. one requirement is that witnesses must 6now how to read and write w7c implies that the witness write his name.) 4here is some inconsistenc% here *ut we ha(e to follow Art. then let the witnesses sign1 .-. If there is more than one transaction.ow.-.-.In this case. that is.

the failure to sign an% page is a fatal defect. Attestation clause is not a part of the will proper *ec.-. Icasiano. 2itnesses !ust sign eac% and every "age. It is a statement of the witnesses. A "ages !ust be nu!bered in etters on t%e u""er "art of t%e "age. c. 4his is the same as num*er &. irector% (i) Manner it is num*ered. 4he general rule. 0here must witnesses sign1 At the *ottom in order to pre(ent additions. if contains no dispositions. is that. etc.-. e?ce"t t%e ast. Mandator%. d. 4he S3 held that this was a fatal defect. that is. roman numerals. >. Attestation C ause. 3agro (. a.requirement was made when right hand was not =ustified when t%ped. (i) each page is signed and authenticated. :nusual circumstances w7c e$isted in the case+ (1) there was another cop% (") inad(ertence7 o(ersight (&) *ecause of the notarial seal.-. 4he presence of these facts led the S3 to allow the will. a.letters. 4he logic is that if there had *een no signature at the *ottom *ut on the sides. num*ers. the page where the attestation clause appears was signed *% the witnesses on the side and not after the attestation clause.In the case.! an% con(entional sequence of s%m*ols is allowed (ii) :pper part (. Such failure to sign was due to inad(ertence since in the cop%. 0itnesses ma% sign an%where as long as the% sign Icasiano (. one page was not signed *% one of the witnesses.! 'A<# "" .-. Ara*ic.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM c. 4he S3 held that this was not a fatal defect. /eft hand margin. howe(er.director%. there will *e ample room for fraud. the fact that the other requirement was complied with. to add in the attestation clause upon the death of the decedent an essential matter w7c was not there in the first place to (alidate it.mandator% (ii) left margin. *. *. . It is merel% essential for the formal requirements of a (alid will.there must *e a method *% w7c the sequence of the pages can *e 6nown! to pre(ent an insertion or ta6ing out of a page.ow. 4hree things that must *e stated+ (i) the num*er of pages in the will (ii) the fact that the testator or his agent signed the will in e(er% page thereof in the presence of the instrumental witnesses (iii) that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. testator can sign an%where in the page. and the notarial seal coincided w7 the third page during the sealing.-. on t%e eft !argin.-. A.In the will su*mitted for pro*ate. then the will could *e pro*ated. 3onsidering the circumstances. 3agro. all pages were signed.

So long as it has *een interpreted to them. Its onl% effect is to pre(ent it from *eing presented as e(idence. Must the language of the will *e understood or 6nown *% the witnesses1 . CD(.) 7. we can learn " things+ 4he first concerns the first page.uired to retain a co"y of t%e $i . In such a case. e. 2ut a holographic will must *e dated. 4he S3 ga(e " reasons+ (1) 4he notar% pu*lic can not *e an oath witness and at the same time an oath ta6er. or fi e anot%er $it% t%e office of t%e C erE of Court. 4he law encourages not discourages will ma6ing. NotariHation. 4he second page contained the attestation clause onl% and was signed *% the witnesses at the *ottom.-. 4he (er% purpose of Art. id the will compl% w7 the requirement of & witnesses1 .-.o.o.o. Art. CD). 2alane+ 1.o. 9rom the case. An e$press requirement of Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM d. CD) and CD?. Manta. 4he first page contained the dispositions and was signed *% the testator and the witnesses at the *ottom. <eneral rule+ 4he notar% pu*lic cannot *e a witness.o. ". Since it was alread% signed *% the witnesses at the *ottom of the attestation clause. #$ception+ 0hen there are more than & witnesses. 4he a*sence of the documentar% stamp does not affect the (alidit% of the will. 3ruB (. Reason for the a*o(e rules+ In order to minimiBe fraud. the notarial ac6nowledgement of the will lac6ed a documentar% stamp.++ A will is a pu*lic instrument that is wh% it must notariBed. As such the =udge in the lower court denied pro*ate.4his case concerns a will that has onl% " pages.o. I+ Must an attested will *e dated1 A+ . /ac6 of date does not annul an attested will. it wanted to encourage wills. A*angan. After all. Hillasor. then there is no need for them to sign at the left margin. I+ Must the testator 6now the language of the attestation clause1 A+ . Since it was signed *% the testator and the witnesses at the *ottom.-. then there is no need for them to sign on the margin. )%e notary "ub ic s%a not be re. Must the testator sign the attestation clause1 . 'recisel% *ec. he will tr% to insure the (alidit% of his own act. <a*ucan (. 'A<# "& . the requisite of & witnesses is achie(ed. witnesses need not 6now the contents of the will. oes the a*sence of the documentar% stamp in(alidate the will1 . (Art. A*angan (.4his case in(ol(es a will wherein the notar% pu*lic was also one of the three instrumental witnesses. 0hat is required of the testator is to 6now the language of the will.In the case. Every $i !ust be acEno$ edged before a notary "ub ic by t%e testator and t%e $itnesses.o. It sets up safeguards to protect the will. It is impossi*le for him to ac6nowledge *efore himself! (") the aim of the notar% pu*lic to insure the trustworthiness of the instrument would *e lost *ec. C1D. 4he second concerns the second page. I+ Is it required that the witnesses 6new the language of the attestation clause+ A+ .

As long as the signing is done on one occasion or one continuing transaction. If t%e testator be deaf.o. and again. by t%e notary "ub ic before $%o! t%e $i is acEno$ edged. 4he will is considered as *eing unac6nowledged. Iuestions. 8owe(er. CDC. in so!e "racticab e !anner. 4hese additional requirements are mandator% *% perfect analog% to the case of <arcia (.4he case deals w7 the question of whether or not the ac6nowledgement of the will should *e done on the same occasion as the e$ecution of the will. then the will is (alid. t%e contents t%ereof. 4here is no prohi*ition. 4he S3 said no. t%e $i s%a be read to %i! t$ice9 once.-. by one of t%e subscribing $itnesses. (*) >es. 2alane+ 4his pro(ision lists down a special requirement if a notarial will is e$ecuted *% a deafmute testator. 8e cannot sign *efore himself. %e !ust "ersona y read t%e $i . I1+ 3an a witness *e an agent who will sign for the testator1 A1+ (a) >es. Artic es CD7 and CDC are s"ecia additiona re. As the law%er. /edesma. ). Fa(ellana (. *e sure %ou ha(e at least & witnesses. If the signing is not done on one occasion or transaction. or a deaf+!ute. ". Art. In such a case. %e s%a designate t$o "ersons to read it and co!!unicate to %i!. there is nothing that the witness is attesting to. do not let this happen. Art. if the testator dies *efore the last person ac6nowledges. HasqueB. 4he law is not clear if the " persons reading it to him would do it separatel% or in consonance.uire!ents $%ic% are !andatory. the testator and the witnesses do not ha(e to ac6nowledge together. CD7. 4he law does not require it to *e made simultaneousl%. (*) . 'A<# ") . 4here are two cases contemplated+ (1) If the testator can read. Ac6nowledgement ma% *e (alidl% done after e$ecution. As long as the testator maintains his testamentar% capacit% and the witnesses maintain their witnessing capacit% until the last person ac6nowledges. &. then he must read the will personall%! (") If illiterate. 4o *e safe. if ab e to do so9 ot%er$ise. If t%e testator is b ind. I"+ Is there an% particular order of signing1 A"+ (a) . &. then " persons must read the will and communicate to him the meaning of the will in some practica*le manner.o. 4he testator must sign *efore & witnesses. 1. then the will is not (alid. >ou can ac6nowledge one *% one.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 4he solution is to *u% a documentar% stamp and attach it to the will. 4he law does not require that e$ecution and ac6nowledgement *e done on the same occasion.. In fact.

then %ou need to *e strict. simple. CD'. and signed by t%e %and of t%e testator %i!se f. the pagination of statement in the attestation clause is merel% a dou*le chec6. 3an this *e pro(en to ha(e *een complied w7 *% competent e(idence1 >es. &.uire!ents of artic e CDA. c. F2/ Re%es and 4olentino suggest that %ou ma6e a distinction. an attempt to li*eraliBe Articles CD) to CDC. If not. In t%e absence of bad fait%. easier to re(ise. the will is (oid. then %ou ha(e to *e strict. %ou get the impression of utmost li*eraliBation. and !ay be !ade in or out of t%e P%i i""ines.) In the case. If this is not followed.++ Provisions on Holographic Wills. the will was read to the testator onl% once. 4he S3 denied pro*ate of the will for failing to compl% w7 the requirements of Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 1. li*eraliBe. or undue and i!"ro"er "ressure and inf uence. Su*stantial compliance w7 Articles CD? and CD@ will (alidate the will despite some defects in the attestation clause. a. no notar% pu*lic needed 'A<# "? . %ou can detect the defect. defects and i!"erfections in t%e for! of attestation or in t%e anguage used t%erein s%a not render t%e $i inva id if it is "roved t%at t%e $i $as in fact e?ecuted and attested in substantia co!" iance $it% a t%e re. Illustration+ If in an attestation clause. C&D. 3an this *e presumed1 . 4his is *ec. 3heaper. 2alane+ A. the num*er of pages used was not stated. CDE. Art. If the testator is *lind. In the a*sence of w7c the will is (oid. *. If the attestation clause failed to state that 5the testator signed in the presence of witnesses. 4his article does not gi(e a clear rule.5 Artic es C&D to C&>. Suggested amendment of the law+ 5If such defect and imperfections can *e supplied *% e$amination of the will itself and it is pro(ed.5 and this can not *e remedied *% (isual e$amination of the will. ". <uide+ If the defect is something that can *e remedied *% the (isual e$amination of the will itself. not necessaril% in that order. Is the pro(ision mandator%1 >es. then %ou can li*eraliBe *ec. Such failure is a formal defect. (<arcia (. Ad(antages+ 1. forgery. HasqueB. A "erson !ay e?ecute a %o ogra"%ic $i $%ic% !ust be entire y $ritten. dated. and need not be $itnessed.o. 0e can not determine how li*eral we can *e or can we go. 2alane+ 4his is a li*eraliBation rule. Such fact or reading must *e pro(en *% e(idence during the pro*ate proceedings. or fraud. Art. It is sub6ect to no ot%er for!. *% e$amining the will itself. CDC. the will must *e read to him twice+ (1) *% one of the su*scri*ing witnesses! and (") *% the notar% pu*lic. /oo6ing at Art. 'urpose+ 4he reading is mandator% for the purpose of ma6ing 6nown to the testator the pro(ision of the will so that he ma% o*=ect if it is not in accordance w7 his wishes.

1. speciall% in the cases where there are other wills. 'recisel% *ec. 1A7 @1.danger is higher.onl% %ourself.) It is not as strict as a notarial will.-.must *e *% the hand of the testator himself.MA. 'A<# "@ . another will dated 9e*. Real Requirements.4+ I am not happ% w7 the decision *ec. #asier to conceal than an attested will. the date was indicated in the *od% of the will as part of the narration.o protection against causes (itiating consent *ec. 2. <enerall%.In this case . and the onl% issue is whether or not 59e*. 3a. ". Is this (alid1 >es. 4his 6ind of will is sealed in an en(elope and *rought to the notar% who puts his seal and signs to authenticate. (") /a*rador (. (c) If another person wrote an additional part w7 the 6nowledge of the testator. F2/ Re%es opines that the disad(antages outweigh the ad(antages. It is not necessar% that the will *e separate from the *od%. %ou need at least four ()) other people. the will is HA/I *ut the addition is H-I .-n the will.-. ". isad(antages+ 1.-. *ut not as fraught w7 ris6s as a holographic will. *ut in attested will. In fact. there are no witnesses-. the testator is assisted *% a law%er. In attested will. a m%stic will (testamento cerrado. A*solute secrec% is guaranteed. #$ample.-.-. -ne of the purposes is to 6now when it was e$ecuted. it can *e an%where in the will as long as the date appears in the will. month and %ear must *e indicated. and pressure and the authenticit% of the will is esta*lished. A4-R>.less people %ou need to collude w7-. oes not re(eal testamentar% capacit% of testator due to lac6 of witnesses ?. the father and the mem*ers of the famil% will 6now its contents. testator is not a law%er. 3-MM#. the date was written as 59e*.7@15 is sufficient. ). undue influence. 8e suggested a middle ground..onl% %ou. H-I (*) If another person wrote an additional part w7o 6nowledge of the testator. he ma% not understand technical and legal words. ated #. H-I . 4his 6ind of will minimiBes the ris6 of fraud and protects the pri(ac% of the testator.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ". It ma% not e$press testator. it is also easier to falsif%-.7 @1. (1) Ro$as (. 0ritten entirel% *% the testator (a) If partl% *% the testator and partl% *% another person. it guarantees secrec% and is simpler. As such. a. it is dangerous to sa% that 59e*. . <eneral rule+ a%.7@15 is (alid.%ou can allege that no will was made @.s wishes due to fault% e$pression &. then it should *e allowed under the principle of su*stantial compliance.g. de Fesus.*ec. danger of am*iguit% is greater than in attested wills. *ad faith.5 Is it (alid1 >es. #$ception+ 0hen there is no appearance of fraud. the period co(ers one whole month. and it will *e opened onl% upon the death of the testator.-.

*ut %ou do not ha(e the will. 4here is no form required. at east t%ree of suc% $itnesses s%a be re.. C&&. 3. >an where the court said that 5perhaps if a photostatic cop% is presented.5 4his is a holographic will *ec. e?"ert testi!ony !ay be resorted to. 4he *asis of this acceptance is the footnote no.g. 3an a *lind testator ma6e a holographic will1 >es. and %ear. (2alane.uire!ents in t%e Probate of 1o ogra"%ic 2i s: 1. 0hat is important is the presence of the & requisites.3ommentators ha(e said that the signature must consist of the testator. In 'A<# "A . and if t%e court dee! it necessary.In the case. 8owe(er. <eneral rule+ 4he will itself must *e presented <an (.In the case. ". the will is considered not dated and the will is (oid. other wa%s ma% *e adopted such as 53hristmas da% of 1EE?.-. Art. 2alane+ Re. If the date is pro(en wrong.5 &. pro(ided there is an intent on the part of the testator to dispose of the propert% in the letters and the & requisites are present. If t%e $i is contested. In t%e "robate of a %o ogra"%ic $i . 5I gi(e %ou 17" of m% estate as pro(ided for in the document I 6ept in the safe.) #$ception+ If there is an e$isting cop% or duplicate photostatic $ero$. the letter does not in itself dispose of the propert%.5 4he merit of the Rodelas case is dou*tful..g. AranBa. 4he reason for this is since he is a*le to write his will. the date will *e considered as the true date. then its (alidit% depends on whether the error is deli*erate or not. 1. 4he S3 said that the actual will should *e presented to the court. In t%e absence of any co!"etent $itness referred to in t%e "receding "aragra"%. C in the case of <an (. ate is usuall% written *% putting the da%. >ap.-.. If deli*erate. >ou are presented in the pro*ate court the *lood% test papers of A in 3i(il /aw.uired. Are holographic wills in letters allowed1 >es. Signature. month. 4he court allowed the production of the cop%. 4he S3 denied such attempt to pro*ate a holographic will that was not presented *efore the court. 8ow can the% oppose the will if the will is not there1 #.. the proponent of the will sought to present a cop% of the holographic will to the court. 4he reason is that the will itself is the onl% material proof of authenticit%. 8andwriting e$perts use as a *ases the penlifts of the writer. ocumentar% Requirement a. c. then he is literate enough to write his name. #.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM *. =ust to show the handwriting of A. I would *e the first one to pro(e %our handwriting *% showing %our *lood% test papers. it s%a be necessary t%at at east one $itness $%o Eno$s t%e %and$riting and signature of t%e testator e?" icit y dec are t%at t%e $i and t%e signature are in t%e %and$riting of t%e testator. 2ut if the will is there. If not deli*erate. 8ow will %ou compare when %ou do not ha(e an% will to *e compared. Authenticit% of the will is *ased on the handwriting and the signature.-. the proponent of the supposed will sought to esta*lish its contents through e$trinsic e(idence.s writing his name down.. Rodelas (.

3ontested holographic will refers to the challenge *% the oppossitors that the will is not in the handwriting of the deceased. 4heir ground for opposing pro*ate is that the will was e$ecuted through fraud and improper and undue influence. howe(er. C11 gi(es the court discretion. 4he =udge 6nows *est. /ost holographic wills can not *e pro*ated e(en *% the testimonies of the witnesses. Singson.-. 8ence. C11 for us. It is not mandator%. not *eing contested was that of the testator. 2%en a nu!ber of dis"ositions a""earing in a %o ogra"%ic $i are signed $it%out being dated. Is one witness sufficient considering there is an oppositor to the will1 >es. 2biter dictum3 4he three witness pro(ision for contested holographic will is merel% director%.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM photocopies. the same must *e signed and dated *% the testator. 8ence. the will itself. Art. uring the case. the pro*ate required onl% one witness. 0hat the law en(isions is that the genuineness of the handwriting and signature *e contested. 4he court upon satisf%ing itself of the authenticit% of the will can require one or ten witnesses. :ncontested will. *.-. admitted its due e$ecution. the oppositors of the will contested the will on the ground that it was e$ecuted through fraud. 4he authenticit% of the will is not contested. 2alane+ If a will has se(eral additions. 3ontested will. ma6es it worse than treason. 4estimonial Requirement a. C&8.(a) it is a matter of qualit% and not quantit%! (*) to require & witnesses. ABaola (. 4he oppossitors here precisel% admit that authenticit% of the will *ut oppose on the ground that there is fraud or undue influence initiated upon her in the e$ecution of the will. w7c requires onl% " witnesses. 4he case of ABaola is merel% a guide and interprets Art. 4he reason is that the will itself is the onl% proof of its authenticit%. 4he S3 held that one witness is sufficient. 4he%. it is uncontested. hence the director% effect of the Art. 4he second paragraph of Art.In the case. 0hich is *etter1 -ne who testif% *ut w7 unquestioned credi*ilit% or "D AHS#3-M witnesses1 So do not rel% on the quantit%.three witnesses to identif% the signature and handwriting of the testator. the proponent presented onl% one witness to identif% the signature and handwriting of the testator. It alwa%s depends on the =udge. suc% date va idates t%e dis"ositions "receding it. 4herefore. 4he oppossitors in this case did not challenge the handwriting of the deceased.onl% one witness to identif% the signature and handwriting of the testator. $%atever be t%e ti!e of "rior dis"ositions. *. Art. C&:. t%e dis"ositions of t%e testator $ritten be o$ %is signature !ust be dated and signed by %i! in order to !aEe t%e! va id as testa!entary dis"ositions.-. penlifts are not discerni*le and so the e$perts are depri(ed of their *asis in determining the authenticit% of the will. In %o ogra"%ic $i s. 2alane+ 4o authenticate additional dispositions.-. 'A<# "C . ". and t%e ast dis"osition %as a signature and date. the testator has two options+ (1) Sign each disposition and sign and date the last! or (") Sign and date each one of the additions.

he should reflect it in the proper wa%. Relo(a. 4he *est wa%. 4he ordinar% rules of e(idence will appl%. A $i !ade in t%e P%i i""ines by a citiHen or sub6ect of anot%er country. Cance ation. <regorio cannot inherit as a sole heir *ec. C&(. not (alid! it must *e full signature. 2alane+ Rosa should inherit as sole heir.s name was inserted. In the second alteration. C&>. Rosa cannot inherit as sole heir *ec. 4o pro(e change. there were " alterations. the name of Rosa as e$ecutor was crossed out and <regorio. As such. %e is aut%oriHed to !aEe a $i in any of t%e for!s estab is%ed by t%e a$ of t%e country in $%ic% %e !ay be. 2alane+ Insertion. 4he effect is as if the cancellation was not done. or in confor!ity $it% t%ose $%ic% t%is Code "rescribes. 4his indicated a change of mind on the part of the testator. the pro*ate is denied and the% *oth inherit *% intestac%. howe(er. 4he S3 held that a change done *% cancellation and putting in a new name. )%e $i of an a ien $%o is abroad "roduces effect in t%e P%i i""ines if !ade $it% t%e for!a ities "rescribed by t%e a$ of t%e " ace in $%ic% %e resides. thus. Art. Erasure. Art. Art. Jalaw (.-. -: 1o$ do $e !aEe a c%ange in a notaria $i 0 A+ 4here is no pro(ision of law dealing on this. it was not authenticated. If the testator wants to change his mind. Are the alterations (alid1 .ot signed. s%a %ave t%e sa!e effect as if e?ecuted according to t%e a$s of t%e P%i i""ines. 4he second alteration was initialed. erasure or a teration in a %o ogra"%ic $i . in the manner the testator usuall% signs his name. Artic es C&A to C&7.s name was inserted. 9ilipino ma6es a will here 'A<# "E . 9our com*inations as to situation+ a. Alteration 1+ .o. In the first alteration. C&A. 2%en a 4i i"ino is in a foreign country. t%e testator !ust aut%enticate t%e sa!e by %is fu signature. C&7.++ Authenticate *% 5full signature. and $%ic% !ig%t be "roved and a o$ed by t%e a$ of %is o$n country. 4he cancellation was not done properl% since it was not signed. In case of any insertion.++ La s hich govern formal e!ecution according to the place of e!ecution. thus. or according to t%e for!a ities observed in %is country. cance ation. Alteration "+ Initialed.5 that is. the testator should affi$ either his signature or initials. her name was crossed out. not (alid. or A teration. $%ic% is e?ecuted in accordance $it% t%e a$ of t%e country of $%ic% %e is a citiHen or sub6ect. is to ha(e the testator and notar% pu*lic sign. the name of Rosa as sole heir was crossed out and <regorio.In the case. is not (alid.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. 2alane+ 1. Suc% $i !ay be "robated in t%e P%i i""ines. w7o the full signature.

Is it (alid1 >es.At the time of death. 4he fault pro*a*l% is in the wording of the law. 0hat the law prohi*its is not " wills on the same sheet of paper *ut =oint wills. c. generall%. 9oreigner ma6es a will a*road.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM *. domiciled in 9rance. >ou ha(e fi(e (?) choices-. 'lace of e$ecution ).-. =oint wills are allowed onl% if e$ecuted *% the spouses. eit%er for t%eir reci"roca benefit or for t%e benefit of a t%ird "erson. 'A<# &D .destro%s the will of another. murder. 9oreigner ma6es a will here. :. residing in 2elgium (isiting the 'hils. )..++ (a) A =oint will is one document w7c ser(es as the will of " persons! this is prohi*ited! (*) A reciprocal will in(ol(es " instruments reciprocall% ma6ing each other heir! this is not prohi*ited. -n the front page.-. ?. #. )$o or !ore "ersons cannot !aEe a $i 6oint y. 4his is not a =oint will *ec.g. E?a!" es: a. Is it (alid1 >es. -ne sheet of paper.the same for 9ilipinos and aliens. -: 2%y are 3oint 2i s Pro%ibited0 A+ (a) It encourages undue influence. he e$ecuted a will. 4ime. 2alane+ &. 4he presumption is that wills are (alid. (*) It runs counter to the idea that wills are re(oca*le. It ma6es re(ocation more difficult. Intrinsic.-. 9ilipino ma6es a will a*road.the law of 1. E e!ents of a 3oint 2i : (a) one single instrument! (*) it is the will of " or more persons. Foint will-. 'hilippines. -n the *ottom half is the will of 2. In <erman%. Art. 4he testator. all the choices points to that onl%.the national law of the testator *. 0hat law go(erns the (alidit% of will1 a. on the upper half is a will of A. an Argentine citiBen. 'lace. 4estator. tearing it up-. there are still " documents.one instrument. If Ru*en e$ecuted a will in Ma6ati. #$ample. 4he same rule where(er %ou ma6e %our will. there are " documents. *ec. C&C.-. =oint wills *enefit each other. 4estator. he will ha(e to follow 'hilippine law *ec.s citiBenship ". -n each side is a will of one person. ".s residence ?.s domicile &. or in t%e sa!e instru!ent. or attempt to 6ill the other *ec.It *ecomes a multiple will. d. *efinitions. (c) It undermines the personal element of a will. 8e ma% choose among the fi(e (?) places as to what law shall go(ern the formal requirements of his will. >. *. 8. -ne sheet of paper. c. In Fapan.

It is against pu*lic polic%. If made here and their countr% allows them to do this1 4here are " (iews on this+ (i) >es./iterate.ua ified fro! being $itnesses to a $i : .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. and not b ind.. C&'. 3an aliens e$ecute =oint wills1 a. e?ecuted by 4i i"inos in a foreign country s%a not be va id in t%e P%i i""ines. 2i s. .:/ )%ose $%o %ave been convicted of fa sification of a docu!ent. 6e must be domiciled in the Philippines. "ound -ind. !t least (4 yrs or o#er. Si? -ua ifications of 2itnesses to 2i s or Re. and ab e to read and $rite. )%e fo o$ing are dis. c. &.4he rule applies in wills e$ecuted in 'A<# &1 . d. e.&/ Any "erson not do!ici ed in t%e P%i i""ines9 . then it is (alid in the 'hils. I+ If a will is e$ecuted a*road in a place where there is no one domiciled in the 'hils. If e$ecuted in the countr% where it is allowed.o. *. >#S. Art. does domicile requirement still appl%1 A+ 4here are two answers for all theor% 1. 2alane+ 1. "ro%ibited by t%e "receding artic e. deaf or du!b. there is an implied qualification.-.++ 3omputed according to the calendar %ear. ". *. it is against pu*lic polic%. as long as the will is (alid in the place of e$ecution. Art. 4hese pro(isions are applica*le onl% to attested wills and not to holographic wills. 9ilipinos. cannot e$ecute =oint wills. "er6ury or fa se testi!ony. 5ot Blind. !ay be a $itness to t%e e?ecution of a $i !entioned in artic e CDA of t%is Code. although there are 9ilipino citiBens not domiciled in the 'hils. same as soundness of mind for contracts. !ble to read and write. 4his pro(ision is an e$ception to the rule enunciated in Articles C1? to C1A that for 9ilipinos. even t%oug% aut%oriHed by t%e a$s of t%e country $%ere t%ey !ay %ave been e?ecuted.-. C:D. follow the personal law. 2alane+ Articles C"D and C"1 ma% *e ta6en together. the law does not distinguish ". (ii) .uisites for Co!"etence to be a 2itness: a. Some commentators sa% thum* mar6 is not sufficient for witnesses! he has to affi$ his signature. C:&.++ A*ilit% to comprehend what he is doing.++ 4his is important *ec. >es *ec. Any "erson of sound !ind and of t%e age of eig%teen years or !ore.o *ec. these are the three senses %ou use for witnessing. whether here or a*road.++ Witnesses to Wills. dumb. it ma% *e pro*ated here. Subsection >. deaf and mute.

4ruthfulness is the gauge. #$ception+ 4here are three other witnesses to the will. I+ 0h% not rape1 A+ 2ec.In the case. 2alane+ 3ompetenc% or capacit% to *e a witness+ (1) is determined at the time of witnessing! (") must ha(e the si$ qualifications.g. C:8. C::. the proponent was not a*le to pro(e that the & witnesses were credi*le. A witness to a will is competent if he has all the qualifications and none of the disqualifications to *e a witness while credi*ilit% depends on the appreciation of the court of the testimon% of the witness. 4he S3 also said that credi*ilit% is determined *% the manner the witness testifies in court. a devise or egacy is given by suc% $i . :nder the law. Fust e$ecute a holographic will. credi*ilit%. 2alane+ 4his is a misplaced pro(ision. his spouse. 3hoose an%. the oppossitor of the pro*ate alleged that the will cannot *e pro*ated *ec. f. ". Art. or c%i d. 3A. It does not tell us that it incapacitates a witness. or person claiming under an% of them cannot inherit. In effect.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM the 'hils. credi*ilit% depends on how much the court appreciates and *elie(es his testimon%.-. It should not *e put here *ut on the section on the disqualification to inherit. or s"ouse. If t%e $itnesses attesting t%e e?ecution of a $i are co!"etent at t%e ti!e of attesting. CD? requires that witnesses must *e credi*le as shown in the e(idence of record. #. It tells us of the incapacit% of a witness to succeed. or c%i d. or "arent. /astl%. <eneral rule+ 0itness. to $%o! or to $%ose s"ouse. 3. there are two solutions+ 1. this is the same rule in testamentar% capacit%. or c%i d of suc% "erson. <onBales (. parent. un ess t%ere are t%ree ot%er co!"etent $itnesses to suc% $i . 8owe(er. >ou ha(e ? choices as to w7c law go(erns. t%eir beco!ing subse. or "arent. child. Is the oppossitor correct1 . If a "erson attests t%e e?ecution of a $i . or "arent. the oppossitor ma% pro(e otherwise *% presenting e(idence. Such credi*ilit% is presumed.o.uent y inco!"etent s%a not "revent t%e a o$ance of t%e $i . suc% devise or egacy s%a . suc% "erson so attesting s%a be ad!itted as a $itness as if suc% devise or egacy %ad not been !ade or given. there is no mandator% requirement that the proponent of the will pro(e the credi*ilit% of the witnesses to the will. per/ury or false testimony. or any one c ai!ing under suc% "erson or s"ouse. In other words.+ (a) 4estator A. so far on y as concerns suc% "erson. 4o *e practical. be void. 0itnesses 2. Social standing or financial position has nothing to do w7 a witness. the S3 said that competenc% and credi*ilit% are different. 6e must not ha#e been con#icted of falsification of document. chastit% has nothing to do w7 truthfulness. 1o$ever. It is presumed that the% are all qualified to *e 'A<# &" . She claims that Art. . Art.

or alters a pro(ision in a prior will.) ". 2alane+ 0hether %ou call the second document a will or a codicil does not reall% matter. I ma6e a will stating 5In m% will of Ful% ". this is an o*(ious circum(ention of Art. can %ou ma6e a holographic codicil1 &. *ec. 5I gi(e m% car to A. by $%ic% any dis"osition !ade in t%e origina $i is e?" ained. As long as the codicil complies w7 the form of wills. 1EE?.5 2ec. Art. Subsection A.5 I+ 0hen is a su*sequent document a codicil and when is it another will1 A+ 1.. It is another will if it ma6es an independent disposition.) Art. If original will is holographic.o. (Strict (iew. C"&. In order t%at a codici !ay be effective. 2ec. 2ec. C:>. oes it disqualif% 2 to *e a witness1 . there are three other witnesses. ma6es legac% to 2. adds to. A codici is a su"" e!ent or addition to a $i . >es.. in a will.o.. there are & other witnesses. added to. it disqualifies 2 to inherit. (Art.. C:A. gi(ing him a car. C:(. It is all 'A<# && . 5I gi(e m% car to A. can %ou ma6e an attested codicil1 ". I ga(e a car to A. can %ou ma6e a holographic codicil1 ). If original will is attested. or a tered. If the original will is holographic. It is a codicil when it e$plains. (ii) Are *equests to them (alid1 4here are " (iews+ 1. 4he form of a codicil does not ha(e to conform to the form of the will. 1EE?. !ade after t%e e?ecution of a $i and anne?ed to be taEen as a "art t%ereof. 1EE?.. (*) If there were ) witnesses. it s%a be e?ecuted as in t%e case of a $i . 2alane+ #. C"@.++ Codicils and Incorporation "y #eference. it is (alid.5 Ful% 1. 4he legac% is gi(en to 2. can %ou ma6e an attested codicil1 A+ >es to all. each one is gi(en a de(ise or legac%. (c) If there are four witnesses. Is the legac% (alid1 >es.. A !ere c%arge on t%e estate of t%e testator for t%e "ay!ent of debts due at t%e ti!e of t%e testatorGs deat% does not "revent %is creditors fro! being co!"etent $itnesses to %is $i .5 4his is a second will.g. C"& has for its purpose the pre(ention of collusion. 5I gi(e m% house to 2. . If original will is attested. 9our Iuestions+ 1. In a will.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM witnesses. Ful% ". A. I want to clarif% that I am gi(ing him m% 2M0 w7 plate num*er . (/i*eral (iew. A will does not impose its form on the codicil. for each of them. (i) Are the% competent to *e witnesses1 >es. 4he legac% is (oid. ". Fune 1. I want to specif% w7c of m% cars.) Art.. #.. Art.g. 1EE?.

uisites for Incor"oration by Reference: 1. Art.o. stating a!ong ot%er t%ings t%e nu!ber of "ages t%ereof9 . ocument must pre-e$ist the will. the documents that clarif% pro(isions in the will to w7c it is attached. 4he% *oth require the formal requisites of a will. Re. If a $i . It is onl% a matter of terminologies. 4here are no e$ceptions to this rule.>/ It !ust be signed by t%e testator and t%e $itnesses on eac% and every "age. *oo6s of account I+ 3an a document contain an% testamentar% disposition1 0h%1 A+ . 4here is no specification in the law. It is not fi$ed. #. incor"orates into itse f by reference any docu!ent or "a"er. A $i !ay be revoEed by t%e testator at any ti!e before %is deat%. s6etches. ". Re(oca*ilit% is an essential requisite of a will. it is re(oca*le.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM theoretical.uisites are "resent: . e?ecuted as re. It must *e signed *% the testator and the witnesses on each and e(er% page. &. 'A<# &) . (*) . (a) >es. C:C.8/ It !ust be identified by c ear and satisfactory "roof as t%e docu!ent or "a"er referred to t%erein9 and .o. 4he document must *e identified during the pro*ate of the will as the document referred to in the will ). C:7. #evocation of Wills and Testamentary $ispositions. e$cept in case of (oluminous *oo6s of accounts or in(entories.uired by t%is Code. 2ec. 2alane+ -ne of the characteristics of a will is that it is am*ulator%. the% do not conform to the requirements of wills. 4he will must refer to the document.&/ )%e docu!ent or "a"er referred to in t%e $i !ust be in e?istence at t%e ti!e of t%e e?ecution of t%e $i 9 . Any $aiver or restriction of t%is rig%t is void.:/ )%e $i !ust c ear y describe and identify t%e sa!e. Subsection (. 4he fourth requisite presupposes there were witnesses. It must *e in e$istence when the will is made. Art. I+ 3an a document *e incorporated in a holographic will considering that the attached document must *e signed *% witnesses and that the holographic will has no witnesses1 A+ 4here are " (iews.. in(entories. e?ce"t in case of vo u!inous booEs of account or inventories. suc% docu!ent or "a"er s%a not be considered a "art of t%e $i un ess t%e fo o$ing re. witnesses referred to *% law should *e ta6en to mean onl% if there are witnesses to the will. stating among other things the num*er of pages of the document. 2alane+ I+ 0hat do %ou incorporate1 A+ <enerall%. So an% wai(er or restriction of this right is (oid.g. It seems to co(er onl% attested wills.

g. *.g. law *ec. and by %is e?"ress direction. istinguish this from a donation Art.-. Art. of Art. follow 'hil. . By I!" ication of La$. Art. Art. torn. and due e?ecution. e. $it%out t%e e?"ress direction of t%e testator. 2alane+ 4his article is incomplete. is va id $%en it is done according to t%e a$ of t%e " ace $%ere t%e $i $as !ade. I+ 8ow do %ou re(o6e1 0hat law go(erns re(ocation1 A+ It depends where the re(ocation is made+ 1. cance ed. cance ation. law. or according to t%e a$ of t%e " ace in $%ic% t%e testator %ad %is do!ici e at t%e ti!e9 and if t%e revocation taEes " ace in t%is country.&/ By i!" ication of a$9 or . If the testator is not domiciled in the 'hils+ (i) the law of the place where the will was made (ii) the law of the place where the testator was domiciled at the time of the re(ocation *. and t%e fact of its unaut%oriHed destruction. by t%e testator %i!se f. If done inside the 'hils. I instituted ' as heiress. if its contents. If I con(erted to a su*di(ision the fishpond w7c I ga(e to 4 as de(ise. his domicile is here. codici . or by so!e ot%er "erson in %is "resence. (ii) /aw of the place of re(ocation *ec. 2alane+ )%ree 2ays of RevoEing a 2i : &. or ob iterated by so!e ot%er "erson.:/ By so!e $i .-. or ob iterating t%e $i $it% t%e intention of revoEing it.33 ". t%e $i !ay sti be estab is%ed. or ob iteration are estab is%ed according to t%e Ru es of Court. after which she 6illed m% parents. he can re(o6e will at pleasure.. by a "erson $%o does not %ave %is do!ici e in t%is country. If the testator is domiciled in the 'hils+ (i) 'hil. If burned. 4he will instituting her as heiress is re(o6ed *% implication of law.. 1D&".transformation of the propert% *% the testator. It does not co(er all situations.:nworthiness to succeed. C8D. e. or ot%er $riting e?ecuted as "rovided in case of $i s9 or .o. tearing. If done outside the 'hils+ a.eals w7 the de(ise or legac%. cance ing.8/ By burning. No $i s%a be revoEed e?ce"t in t%e fo o$ing cases: . As long as he is ali(e. and t%e estate distributed in accordance t%ere$it%. E?A.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM I+ 3an the testator ma6e a will irre(oca*le1 A+ .. C:'. $%en it is in accordance $it% t%e "rovisions of t%is Code. A revocation done outside t%e P%i i""ines. inter #i#os w7c cannot *e re(o6ed at pleasure *% the donor. 'A<# &? . a. 1A.-.

d.Act of destruction-. It ma% either *e+ (i) total when all the pro(isions are incompati*le! (ii) partial when onl% some pro(isions are incompati*le. 3apacit% to re(o6e. as long as there is7 was e(idence of the destruction of the will. will or codicil must contain either a re(o6ing clause (e$press) or *e incompati*le (implied) ).-. If the destruction was not total.-. It is not an e$clusi(e list *ut more or less co(ers e(er%thing E e!ents: a. Re(o6ing instrument. it co(ers an% act of ph%sical destruction. there is no re(ocation-. Re(o6ing will must *e pro*ated *ec. Art.o. 2ut it turned out it was m% will. oes it mean total destruction of the will. *. will or codicil must *e (alid &. Implied. If onl% the co(er was *urned. *. Requisites+ 1.completion of intent-. *. will not inherit and an%thing gi(en to her is impliedl% ta6en awa% *% law. 'A<# &@ . Re(ocation is not (alid. who ga(e the ground for legal separation.3ontains an e$press re(ocator% clause ".-. A *lind testator as6ed his nurse to gi(e him his will. Notes: 1.o. 1D@. As long as there is e(idence of ph%sical destruction. 4he nurse ga(e him his old letters. 8ow much destruction of the corpus do %ou need1 >ou need the ph%sical destruction of the will itself.-. Such re(ocation ma% either *e+ 1. :.Intent and capacit% to re(o6e. Corpus. li6e let us sa%. 2oth elements must concur. #$press./egal separation.no corpus. By Subse.++ 4his is the most unlimited wa% of re(ocation *ec. 2i or Codici : a. By "%ysica *estruction. As long as e(idence on the face of the will shows act to re(o6e. 4here is no animus or intent to re(o6e. w7o pro*ating.-.Insane persons can not re(o6e ". Re(ocation is ineffecti(e. there is still re(ocation. I threw m% ci(il law e$ams. !nimus. edges were *urned.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM c. C?). there is animus *ut no corpus. threw it into the fire. so that nothing will *e left1 .'ro(isions of su*sequent will are incompati*le with the pro(isions of the prior will.all acts needed to re(o6e ha(e *een done I+ Must it *e total destruction1 A+ .uent Instru!ent. it can not ha(e the effect of re(ocation. Re(o6ing instrument. In this case. #$amples+ a. 4he testator thin6ing it is his will. 8. Art.-. 4he guilt% spouse.Preterition annuls the institution of heirs.-. the destruction need not *e total.

the testator was not a*le to do what he intended to *e done. %es. devisees or egatees designated t%erein.-. had not gone this far. 0ill 1. howe(er. C8&. 4here is no animus *ec.g. the estate was distri*uted equall% *% intestac% *et. 2ut *% analog%.-. 4he presumption is disputa*le.In the case. 4he S3. A revocation !ade in a subse.4he re(ocation of a prior will *% means of a su*sequent will is a*solute. *ec. If the testator tore the will into ". 0hile there ma% ha(e *een intent to re(o6e. 4he re(ocation will *e operati(e e(en the heirs. &. the destruction was not pro(en to ha(e *een done in the presence and under the e$pression of the testator. 4he S3 held no. I+ In the case.-. 4he rationale is that it is hard to pro(e the act of re(ocation of the testator.. Maloto (.5 (1EE?) 0ill ". more was gi(en to " of the heirs.0here the will can not *e located at the time of the death of the testator *ut was shown to ha(e *een in the possession or control of the testator when last seen. or legatees named in the re(o6ing will are disqualified or the% renounce. As such. Such re(ocation does not depend on+ 1.5 (1EEA) 'A<# &A .one. 4here is no e(idence to show that what was re(o6ed was the will of the testator. Also. <ago (. the will was cancelled or destro%ed *% the testator. 4he act was alread% consummated. de(isees. the ) heirs. there must *e intent to re(o6e. 2alane+ <eneral Rule+ octrine of A*solute Re(ocation.-. #. of insanit%. Art. annu on y suc% dis"ositions in t%e "rior $i s as are inconsistent $it% or contrary to t%ose contained in t%e atter $i s. the heir as6ed for his forgi(eness. de(isees. Art. 3apacit% of heirs. or by t%eir renunciation. what if the will was not seen in the possession of the testator1 0ill there *e the same presumption of re(ocation1 A+ 4he case does not sa% so. 4he other " o*=ected claiming that the will had *een re(o6ed. the " who got more sought the pro*ate of the will.5I gi(e m% house to 2 and here*% re(o6e m% first will.. A man can not re(o6e the will effecti(el% *ec.o. C8:.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ". even if t%e ne$ $i s%ou d beco!e ino"erative by reason of t%e inca"acity of t%e %eirs.uent $i s%a taEe effect. the testator had completed what he intended to *e done. If the testator totall% destro%ed the will and he changed his mind. the testator was dissuaded not to continue. and when he was a*out to tear it into quarters.g.-.5I gi(e m% house and lot to A. Mamu%ac. Su*sequentl%. 3A.uent $i s $%ic% do not revoEe t%e "revious ones in an e?"ress !anner. the presumption is that in the a*sence of competent e(idence to the contrar%. In case of tearing. In the will. 2alane+ 4his is included as an element in re(ocation *% su*sequent instrument. 8is remed% is to e$ecute another will. he was not a*le to complete what he intended to do. and legatees in the "nd will! or ". -n their acceptance. 4hat is.5 Is there re(ocation1 . is there re(ocation1 >es. 4he testator said+ 5Fust paste the will. #. Subse. If in the act of tearing. is there re(ocation1 . 4he issue is whether or not there had *een a (alid re(ocation. ). a will was found. there was no corpus.

So.5 (1EEA) 4he institution of 2 is conditional. Such legac% is dependent upon the capacit% and acceptance of 2. 2ased on fact (6ind of dependent relati(e re(ocation *ec. *. C8>.o. de(isees. 'rimar% institution-.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Suppose.I instituted 3 as m% heir. 2alane+ 4his pro(ision is particularl% true under the .)-. %ou are acting on a false cause of facts. 4he cause.33 *efore the enactment of the 93.2! Secondar% institution-.5I gi(e m% car to A. what is the effect1 4he institution of A is still re(o6ed.g. 4he testator need not ha(e a reason to re(o6e his will. 4he rationale is that the second will was (alid e$cept that it was rendered inoperati(e. #$ception+ octrine of ependent Relati(e Re(ocation. /ater. pre=udice. #. Art. Re(ocation therefore is (oid.-. that his real intent *e followed. 8e ma% re(o6e it capriciousl% or whimsicall% at pleasure. he would re(o6e onl% if his information is true. *. it is not a testamentar% act *ut an act w7c under 'A<# &C .5 (1EE?) 0ill ".-.A. howe(er. 2 renounces or is incapacitated. the re(ocation is *ased on impression or is out of caprice.g.-. 2ec. that is. 2ased on impression. upon the testators. recognition is (alid. or unfounded ethnic opinion. a. c. A revocation of a $i based on a fa se cause or an i ega cause is nu and void. )%e recognition of an i egiti!ate c%i d does not ose its ega effect. then the re(ocation is (oid *ec. and legatees of the su*sequent will. 4he first will not *e re(i(ed *% the reason of the inoperation of the re(o6ing will due to its renunciation or the incapacit% of heirs. #. e(en without reason1 . must *e stated in the will.. Is the re(ocation (alid1 >es.Re(ocation of the first will is made *% the testator to *e dependent on the capacit% and acceptance of the heirs. I heard that it was 3 who 6illed m% *rother in a(ao. E e!ents for Revocation to be Ino"erative: a. d. de(isees. I ha(e =ust found out that she is from IueBon and I hate people from IueBon *ec. 0ill 1. 2alane+ Is this article (iolati(e of the right to re(o6e.. 3ause must *e a concrete and a factual one! 3ause must *e false! 4estator must not 6now of its falsit%! It appears on the face of the will that the testator is re(o6ing *ec. of the false cause. Recognition is irre(oca*le. the% are arrogant and o*no$ious. C88. #(en if the will is re(o6ed. 0h%1 2ec.I gi(e m% car to 2 who is from Manila. or legatees in it. 4his shows respect for the freedom of the testator to re(o6e. I re(o6e m% designation of 2 *ec. 8ow do %ou 6now1 4he testator said so in the will.-. I re(o6ed m% will. 2ut if the re(ocation is due to mista6e or is *ased on some cause and such cause was later pro(en to *e false. all transactions *ased on mista6e are (itiated.5I gi(e m% car to 2. even t%oug% t%e $i $%erein it $as !ade s%ou d be revoEed. Art.s death. -ne of the modes of recognition was *% a will. 8ouse and lot will go *% intestac%. 2ut it turned out that 3 did not do it.

>ou ma% repu*lish or refer to the will. t%e revocation of t%e second $i does not revive t%e first $i .. $it%out re"roducing in a subse. >ou must reproduce the dispositions in a su*sequent will. C8(. If %ou want to re(i(e a will w7c is (oid as to its form. )%e e?ecution of a codici referring to a "revious $i %as t%e effect of re"ub is%ing t%e $i as !odified by t%e codici .. Subsection 7. 0ill & e$pressl% re(i(es 0ill 1. C&@ applies if the reason of nullit% is other than defecti(e form. >ou disco(ered the mista6e later on. ". 3ause of the nullit% is the defect in the form. >ou ha(e to write it all o(er again. 1?. 'A<# &E . Art.g.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM the law admits a relationship of paternit%. -n the other hand.g.. . %ou must repu*lish the will and =ust cannot refer to it.) G ma6es a will in 1EE? re(o6ing will ".. 4he same rule is still applica*le under the 93. t%e testator !aEes a second $i e?"ress y revoEing t%e first. Art. Art. 1EE?. 5I here*% repu*lish and re(i(e m% will of -ct. If after !aEing a $i .5 Said repu*lication was made after the disco(er% of the reason of the nullit%. C&? e$plicitl% refers to wills (oid as to form. its re(ocation was instant #$ception+ 1. C&? is deri(ed from Argentine 3ode. 2alane+ Art. 2alane+ A. C&@ is deri(ed from the 3alifornia code. C8A.. 4his pro(ision is craB%KKK Situation+ G ma6es a will in 1EE& (0ill 1) G ma6es a will in 1EE) e$pressl% re(o6ing will 1.uent $i . t%e dis"ositions contained in a "revious one $%ic% is void as to its for!. e. (0ill ". #. :nderage testator. Art. )%e testator cannot re"ub is%. will & reproduces pro(isions of 0ill 1. 4he mere reference to a pre(ious will will re(i(e it Result of the two articles+ 3haosK 8ow to reconcile1 /oo6 at 4olentino. $%ic% can be revived on y by anot%er $i or codici . under duress. fraud. >ou cannot =ust repu*lish it. Art. Attested will w7 =ust " witnesses. Art.++ #epu"lication and #evival of Wills. (0ill &. #$ample.) Re(ocation &nstanter++ instantl% 0ill 1 is not re(i(ed *ec. C87.

Subsection C. if re(ocation of will 1 *% will " is implied. 4he issue in pro*ate is the e$trinsic or formal (alidit% of the will. Ma6es it irre(oca*le. 4here is opportunit% to change &. 0ill ta6es effect upon death. 2alane+ 'ro*ate is mandator%. In suc% case. ". it might *e useless to ha(e an ante+mortem pro*ate.++ otios-. So unless the testator is (er% sure. No $i s%a "ass eit%er rea or "ersona "ro"erty un ess it is "roved and a o$ed in accordance $it% t%e Ru es of Court. )%e Su"re!e Court s%a for!u ate suc% additiona Ru es of Court as !ay be necessary for t%e a o$ance of $i s on "etition of t%e testator. t%e a o$ance of t%e $i . Re(oca*ilit% of wills. futile. Art. 4here are " 6inds of pro*ate+ (a) ante+mortem at the instance of the testator! (*) postmortem at the instance of an% interested part%. Sub6ect to t%e rig%t of a""ea . )%e testator %i!se f !a. C&A 1. then re(ocation of will " *% will & will re(i(e will 1 e$cept if will & is incompati*le w7 will 1. "etition t%e court %aving 6urisdiction for t%e a o$ance of %is $i . Art. t%e "ertinent "rovisions of t%e Ru es of Court for t%e a o$ance of $i s after t%e testatorGs deat% s%a govern. e(en if the testator is still ali(e. 2% contrar% implication. It ma6es the will operati(e e(en if the testator is ali(e.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 0h% craB%1 2ec. s%a be conc usive as to its due e?ecution.superfluous. In such cases. Art. It eases the mind of the testator ". ". C8C. #ffect+ It is su*=ect to appeal *ut once final. the testator can easil% ma6e a su*sequent will re(o6ing it. this is contrar% to esta*lished principles in succession. C&A does not appl%. 'A<# )D . it *ecomes conclusi(e or res /udicata as to its due e$ecution and testamentar% capacit% of the testator (e$trinsic (alidit%. during %is ifeti!e. Succession 'rinciple 1. 0h%1 2ec. Applies onl% when re(ocation of will 1 *% will " is e$press.) Advantages of %nte-mortem Probate: 1. >ou can pro(e the capacit% of the testator *isadvantage of %nte-mortem Probate.++ %llo ance and $isallo ance of Wills. eit%er during t%e ifeti!e of t%e testator or after %is deat%. 2. <i(es the will " effects ante mortem.

If the pro*ate is allowed.-. the court ruled on the intrinsic (alidit% of the will in the pro*ate proceedings. this rule is not a*solute.A/ If t%e signature of t%e testator $as "rocured by fraud9 . <allanosa (. As such. -therwise. *ut held the de(ise to the commonlaw wife null and (oid for *eing contrar% to Art.8/ If it $as e?ecuted t%roug% force or under duress.>/ If it $as "rocured by undue and i!"ro"er "ressure and inf uence. 4he testator was not acting under duress or fraud-. it *ecomes conclusi(e as to its e$trinsic (alidit% which pro(ides that+ 1. 4he will was e$ecuted in accordance w7 the formalities required *% law ). #$ception+ 4here is an intrinsic defect on the face of the will. or t%e inf uence of fear. such earlier pro*ate cannot *e applied for the share of the wife *ec.epomoceno (. the de(ise for the common-law wife was (oid.33. then it is (oid and her propert% will pass *% intestac%. there is no res /udicata as to the share of the wife. the pro*ate might *ecome an idle ceremon% if on its face it appears to *e intrinsicall% (oid. 4he testator was of sound mind when he e$ecuted the will. 0hen the common-law wife sought the pro*ate of the will. 3learl%.o. or t%reats9 .his consent was not (itiated &.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM <eneral rule+ Intrinsic or su*stanti(e (alidit% is not in issue. .In the case. Arcangel. 4he S3 held that the first pro*ate was (alid onl% as to the share of the hus*and. 8owe(er. on t%e "art of t%e beneficiary or of so!e ot%er "erson9 .ow.-. 0as the holding of the 3A correct1 4he S3 held that it was correct. or ot%er$ise !enta y inca"ab e of !aEing a $i . C8'. ". 'A<# )1 . As to the wife.&/ If t%e for!a ities re. the wife died and the testamentar% heirs sought the pro*ate of the will. Re*eca-'otot.o. the 3A declared the will (alid. at t%e ti!e of its e?ecution9 .'ro*ate are proceedings in rem and are mandator%. )%e $i s%a be disa o$ed in any of t%e fo o$ing cases: . <i(en e$ceptional circumstances. Although the general rule is that onl% e$trinsic (alidit% could *e at issue during the pro*ate. 0ill the will *e pro*ated1 . 4he hus*and died *efore the wife and the will was pro*ated. since it is against a =oint will.s genuineness e(en against the state. 4he 3A had the authorit% to rule on such nullit%. . It would *e practical for the court to rule on such an o*(ious matter. A&E of the . 3A. In effect.:/ If t%e testator $as insane. the pro*ate court ma% do what the situation constrains it to do *% passing upon certain pro(isions of the will. Art. the testator left his entire estate to his legal wife and children *ut de(ised the free portion to his common-law wife. can he can he *e con(icted1 A+ . 4he will is genuine and not a forger% I+ 0hat if after the pro*ate court *ecomes final a person was charged w7 forger% of the will. she was still li(ing at the time the first pro*ate was made.4his case in(ol(es a =oint will e$ecuted *% a hus*and and a wife.uired by a$ %ave not been co!" ied $it%9 . e la 3erna (. the pro*ate is conclusi(e as to the will.(/ If t%e testator acted by !istaEe or did not intend t%at t%e instru!ent %e signed s%ou d be %is $i at t%e ti!e of affi?ing %is signature t%ereto.

0hen it disinherits a compulsor% heir! c. 9ormalities. If the institution does not co(er the entire estate. 9raud. #$ception+ #(en if it does not institute an heir.Art. if an% of the following are present+ a. In suc% cases t%e testa!entary dis"ositions !ade in accordance $it% a$ s%a be co!" ied $it% and t%e re!ainder of t%e estate s%a "ass to t%e ega %eirs. 0hen it instituted an e$ecutor.-. 1&&C @.Art.Art. CD? et seq. Art. If the instituted heir should repudiate or *e incapacitated to inherit. 'A<# )" . In such a case.(iolence-. :ndue and Improper pressure and influence. 4here is no such thing as a (oida*le will. Mista6e. 2alane+ 4he rules on institution of heir also appl% to de(isees and legatees. 1 uress-. (Mi$ed succession. AEE &. ?.-. 1&&1.-. or suc% institution s%ou d not co!"rise t%e entire estate. ". #(en if there is no institution of an heir.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 4his enumeration is e$clusi(e. C>:.++ Institution of Heir.-. the will is (alid. and even t%oug% t%e "erson so instituted s%ou d not acce"t t%e in%eritance or s%ou d be inaca"acitated to succeed.-. C>&. A $i s%a be va id even t%oug% it s%ou d contain an institution of an %eir. 1&&A ?. 1.Art. e$cept when there are compulsor% heirs. he can onl% dispose of the free portion. 8ow much can the testator dispose of from his estate1 8e can dispose all.Art.) &. Art. then legal succession ta6es place. Section :. ". 0hen the will recogniBes an illegitimate child! *. <eneral rule+ If the will does not institute an heir. Insanit%. 2alane+ 1. the e$cess shall either go to the compulsor% heirs or *% intestac%. Institution of %eir is an act by virtue of $%ic% a testator designates in %is $i t%e "erson or "ersons $%o are to succeed %i! in %is "ro"erty and trans!issib e rig%ts and ob igations. 1&&? par. C>D.intimidation-. it need not *e pro*ated.Art. " ). *ut it is useless unless it ac6nowledges an illegitimate child or disinherits a compulsor% heir. 9orce. ).Art. 4he% either ma6e the will (oid or (alid.-. 1&&? par. Art. One $%o %as no co!"u sory %eirs !ay dis"ose by $i of a %is estate or any "art of it in favor of any "erson %aving ca"acity to succeed.

#(en though there ma% *e an error in the name of the heir. the testator must indicate some identif%ing mar6 or circumstance to which he ma% *e 6nown. even $it% t%e use of ot%er "roof. Even t%oug% t%e testator !ay %ave o!itted t%e na!e of t%e %eir. t%ere is a si!i arity of circu!stances in suc% a $ay t%at.g. t%e "erson instituted cannot be identified. t%e institution s%a be va id. 0hat is important is that the identit% of the heir *e 6nown and not necessaril% his name. :nless I gi(e an identif%ing mar6 or circumstance as to w7c cousin A I refer to. 2alane+ 1. 2alane+ G -------. in any ot%er !anner. to Eno$ $it% certainty t%e "erson instituted.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM One $%o %as co!"u sory %eirs !ay dis"ose of %is estate "rovided %e does not contravene t%e "rovisions of t%is Code $it% regard to t%e egiti!e of said %eirs. otherwise there ma% *e a latent am*iguit%. s%ou d %e designate %i! in suc% !anner t%at t%ere can be no doubt as to $%o %as been instituted. #$ception+ #(en w7o gi(ing the name. 'aragraph 1. e. I institute m% cousin A. and $%en t%ere are t$o "ersons %aving t%e sa!e na!es. 9irst+ :se e$trinsic e(idence e$cept the oral declarations of the testator as to his intentions to cure the am*iguit%. 'aragraph "./egitimes Spouse gets 17@ of the estate7 Art. An error in t%e na!e.spouse 7 L M A 2 3 G has a spouse and & children. Second+ If am*iguit% still e$ists. C>8. C>>. the present ean of the :' 3ollege of /aw. none of them will inherit. none of t%e! s%a be an %eir. 4his also applies to de(isees and legatees. )%e testator s%a designate t%e %eir by %is na!e and surna!e. 3hildren get 17" of the estateM ------.-. the identit% of the heir can *e ascertained w7 sufficient certaint% or clarit%. 'A<# )& . 2ut I ha(e & cousins *% the name of A. or circu!stances o f t%e %eir s%a not vitiate t%e institution $%en it is "ossib e.See the rules on latent am*iguit%. Art. 2alane+ <eneral rule+ An heir must *e designated *% name and surname. the error is immaterial if his identit% can *e 6nown in an% other manner.-. #.. m% oldest *rother. %e s%a indicate so!e circu!stance by $%ic% t%e instituted %eir !ay be Eno$n. If a!ong "ersons %aving t%e sa!e na!es and surna!es. ". there will *e a latent am*iguit%. surna!e.g. If there are " or more people ha(ing the same name and surname.

9irst 9ilipino who wins a gold medal in the -l%mpics. 0h%1 2ec. 2 and the mem*ers of class 3. 54o someone w7 ten e%es. then 17& will *e di(ided equall% among A.ua y. Every dis"osition in favor of an unEno$n "erson s%a be void. 1D"E (pra%ers and pious wor6s for the *enefit of his soul).Hoid. 8ow1 2% esta*lishing certain criteria at the proper time. C)E (designation of a person and his children) E?E (relati(es). :' 3ollege of /aw.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. 4he 5un6nown person5 referred to in this article refers to one who cannot *e identified and not to one whom the testator does not personall% 6now. 2 and class 3 as a unit. and 1D&D (poor. 4his supports the underl%ing principle of this chapter w7c is respect for the wishes of the testator.5 3 is a class of people. Mass institution+ see Articles AC@. Art.g. C>A. un ess by so!e event or circu!stance %is identity beco!es certain. 3an the testator gi(e his entire free portion to a person he does not personall% 6now1 >es.B t%ose co ective y designated s%a be considered as individua y instituted. 'A<# )) . t%e in%eritance s%a be distributed e. BI designate as !y %eirs A and B. Rather. the 17& of the estate should *e di(ided equall% among A. 3lass designation is (alid. 4he *asis of the nullit% is the ina*ilit% to determine the intention of the testator. 2%en t%e testator institutes so!e %eirs individua y and ot%ers co ective y as $%en %e says.5 -. and %e %as so!e of fu b ood and ot%ers of %a f b ood. un ess a different intention a""ears. 2alane+ 4his is a presumption of equalit%. C>C. and t%e c%i dren of C. e. 4his designation is (alid if the identit% is not 6nown at the time of ma6ing the will *ut can *e 6nown in the future *% circumstances.g. 1eirs instituted $it%out designation of s%ares s%a in%erit in e. 1o$ever. 8ow do %ou di(ide the estate1 A+ It is not to *e interpreted as 17& to A. 54o someone who cares. class in 3i(il /aw Re(iew. 2 and class 3. If t%e testator s%ou d institute %is brot%ers and sisters.5 -. the presumption is that the mem*ers of 3 were indi(iduall% designated. un ess it c ear y a""ears t%at t%e intention of t%e testator $as ot%er$ise.) Art.Hoid. ". a dis"osition in favor of a definite c ass or grou" of "ersons s%a be va id. 2 and 3. C>(. 2ut if the testator sa%s 5I gi(e 17& of m% estate to A.ua "arts. C>7. this refers to someone who does not e$ist. 2 and class 3. #. Art... C)C (*rothers and sisters). 2alane+ 9ull *lood means same parents! half *lood means onl% one parent is the same. 1EE?-1EE@. 2alane+ 1. 2alane+ 'ro*lem+ 4he testator pro(ides 5I gi(e 17& of m% estate to A.

3ause must *e shown to *e false! &. un ess it a""ears fro! t%e $i t%at t%e testator $ou d not %ave !ade suc% institution if %e %ad Eno$n t%e fa sity of suc% cause. C)1. the e$ception was not applica*le and the general rule would appl%. CA&. 9ollow the general rule *ec. I gi(e him 17" of m% estate. 1 'A<# )? . institution is effecti(e. )%e state!ent of a fa se cause for t%e institution of an %eir s%a be considered as not $ritten. C>'. 4he wishes of the testator must *e respected. cause of the institution is the li*eralit% of the testator and not the cause stated. and *e an e$ception to the general rule.) Art. As such.o. 2alane+ 4his article is a species of Art.uot "art of t%e in%eritance. & requisites must concur+ 1. )%e sa!e ru e a"" ies.In the case. 2alane+ <eneral rule+ #(en if the cause if false. Austria (. C)A. If t%e testator %as instituted on y one %eir. 9or it to *e in(alid. and a t%e "arts do not cover t%e $%o e in%eritance. Re%es. It must appear on the face of the will that the testator would not ha(e made such institution if he had 6nown the falsit% of the cause. CAD.-. it was found out that the adoption did not compl% w7 the law. t%ey are a dee!ed to %ave been instituted si!u taneous y and not successive y. If there is dou*t as to whether there is a (alid institution *ec. 2alane+ 4he principle enunciated here has alread% *een pro(ided in Art. ega succession taEes " ace $it% res"ect to t%e re!ainder of t%e estate.uot "art. the oppossitor sought to nullif% the institution of the adopted children as heirs *ec. whether full or half *lood. 4he S3 held that the institution was (alid. resol(e it in fa(or of (alidit%. Art. and t%e institution is i!ited to an a i. Assuming in par.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM <eneral rule+ 2rothers and sisters. is the institution ineffecti(e1 A+ . 3ause for the institution must *e stated in the will! ". the real cause was not the height *ut the li*eralit% of the testator. Ratio is "+1 in fa(or of full *lood *rothers and sisters. inherit in equal shares. 0h%1 2ec. of the false cause. Art. 2%en t%e testator ca s to t%e succession a "erson and %is c%i dren. I+ 5A is the tallest in the class. (Art. the third requisite was a*sent. if t%e testator %as instituted severa %eirs eac% being i!ited to an a i. In the case.5 If A is not the tallest. #$ceptions+ (a) If the testator pro(ides otherwise in the will (*) If the% inherit *% intestac%. 1DD@. Successi(el% refers to fideicommisary.

5 17" will go to the " children. "7E $ &D.DDD. as the case ma% *e. #. If w7 compulsor% heirs. or t%e $%o e free "ortion.DDD1 1. 2alane+ 4his article spea6s of the testator. as the case ma% *e.s intention to gi(e the entire free portion. Indicates his intention to gi(e his entire estate to this heirs a. eac% "art s%a be increased "ro"ortiona y.DDD "D. #. *.DDD )D. 17) will go to G.o compulsor% heirs and the testator sa%s 5I gi(e 17& of m% estate to G. and 17) will go *% intestac%. 17& to 3. or t%e $%o e free "ortion. *ut he made a mista6e in the addition of the different proportions. 4estator has compulsor% heirs-.DDD 0hat do %ou do with the remaining '&D. 3N )71" ".Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM a. or the entire inheritance. #lements+ 1.@@@..g. 4he same applies when a (acanc% occurs. If no compulsor% heirs. A 2 3 '&D.5 17& will go to G and the "7& will go *% intestac%. <et the ratio of the shares w7 each other. .part of the free portion not disposed of *% will goes *% intestac%.g. 4he testator has no compulsor% heirs -.@A 'A<# )@ . 17@ to 2. 4otal of portions is less than whole estate or free portion. and eac% of t%e! %as been instituted to an a i. 9or A. 4estator has no compulsor% heirs. 4wo legitimate children and testator sa%s 5I gi(e 17) of m% estate to G. If it $as t%e intention of t%e testator t%at t%e instituted %eirs s%ou d beco!e so e %eirs to t%e $%o e estate.g.DDD 9or 2. 2N "71".1" AN &71". 4he estate is worth '1"D. 8e gi(es 17) to A. #. Art. A (&) + 2 (") + 3 ()) . CA:. Indicates portions he wants to gi(e to each ). <et the least common denominator-. whole estate *.part of the whole estate not disposed of *% will goes *% intestac%.. as t%e case !ay be. Multipl% the remainder *% the share of each heir w7 respect to the ratio in num*er ".& O " O ) N E &.DDD 'ED. whole free portion &.DDD N @.DDD N 1D.uot "art of t%e in%eritance and t%eir a i. Se(eral heirs! ".. 8e indicates in the will that his intention to gi(e his entire estate to his heirs. &7E $ &D.uot "arts toget%er do not cover t%e $%o e in%eritance.

@A 9or 3.&& N ?&.DDD N "@.DDD N ?&. )D.DDD . or whole free portion. &7E $ 1"D. #lements+ 1 to & -.DDD O "@. or t%e $%o e free "ortion.@ O ) O & N 1& 'A<# )A .&& ?. )7E $ &D. If eac% of t%e instituted %eirs %as been given an a i. (4o ma6e sure that %ou did not ma6e a mista6e. Add the result to what the% originall% recei(ed and the sum will *e their complete inheritance. C?". same as a*o(e e$cept that A gets 17".DDD N )D. A 2 3 1?.&&&.@@@. "D.DDD N )D.DDD 9or 2.DDD N 1&. multipl% the ratio in num*er & with the (alue of the whole estate.?DD 0hat do %ou do w7 the e$cess of '".DDD 9or 2.) )D.&&&.DDD O 1D.DDD.DDD 1D.uot "art of t%e in%eritance.same as those in Art.DDD O 1&. CA8. If %ou want to get the inheritance of each right awa%.&& ). )7E $ 1"D. C?" ). as t%e case !ay be.@A 9or 3.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 9or 3. 1" A N @71".&&&. as the case ma% *e #. onl% this time %ou decrease. <et the ratio of the shares with each other A (@) + 2 ()) + 3 (&) . 2 gets 17&. <et the /3 . 2 N )71". and 3 gets 17).g.&& N 1"D. eac% "art s%a be reduced "ro"ortiona y.@A O ?&.DDD A.@@@.@@@.?DD &". Add %our figures in num*er ) to ma6e sure that it equals to the (alue of the entire estate..@A N "@. 9or A.@@@.ote+ @. "7E $ 1"D. 3 N &71" ". 2alane+ 4he same principle as in Art.DDD O @. and t%e "arts toget%er e?ceed t%e $%o e in%eritance. 9or A.&& >ou get the same results *ut faster.&&&.&&&. &D. 4otal of portion e$ceeds the whole estate.?DD1 1. Art. 4he (alue of the estate is '&D.

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

&. Multipl% the e$cess *% the share of each heir in the ratio in num*er ". 9or A. @71& $ ".?DD N 1.1?&.C) 9or 2. )71& $ ".?DD N A@E."& 9or 3. &71& $ ".?DD N ?A@.E& ). Su*tract the results in num*er & from what each heir was to recei(e initiall%. 9or A. 1?.DDD - 1.1?&.C) N 1&.C)@.1@ 9or 2. 1D.DDD - A@E."& N E."&D.AA 9or 3. A.?DD - ?A@.E& N @.E"&.DA ?. Add the figures in num*er ) to ma6e sure it equals to the (alue of the whole estate. 1&.C)@.1@ O E."&D.AA O @.E"&.DA N &D.DDD ,ote+ @. If %ou want to get the inheritance of each right awa%. multipl% the ration in num*er & *% the (alue of the estate. 9or A. @71& $ &D.DDD N 1&.C)@.1@ 9or 2. )71& $ &D.DDD N E."&D.AA 9or 3. &71& $ &D.DDD N @.E"&.DA I+ If the testator ma6es & wills. 0ill 1-- 5I gi(e )DP of m% estate to A.5 0ill "-- 5I gi(e )DP of m% estate to 2.5 0ill &-- 5I gi(e )DP of m% estate to 3.5 8ow will the estate *% di(ided1 4here are two answers. 1. 17& will go to each. Appl% Art. C?&. ". 3 gets )DP. 2 gets &DP. and A gets &DP. Assume the third will is incompati*le to the first ". Art. CA>. )%e preterition or o!ission of one; so!e; or a of t%e co!"u sory %eirs in t%e direct ine; $%et%er iving at t%e ti!e of t%e e?ecution of t%e $i or born after t%e deat% of t%e testator; s%a annu t%e institution of %eir9 but t%e devisees and egacies s%a be va id insofar as t%ey are not inofficious. If t%e o!itted co!"u sory %eirs s%ou d die before t%e testator; t%e institution s%a be effectua ; $it%out "re6udice to t%e rig%t to re"resentation. 2alane+ A. 3larification+ 1. 50hether li(ing at the time of the e$ecution of the will or *orn after the death of the testator.5 4his does not co(er all the possi*ilities. 0hat a*out those *orn after the e$ecution of the will *ut *efore the death of the testator1 Art. C?) also co(ers them. =ust an o(ersight. ". #$tends protection onl% to 5compulsor% heirs in the direct line.5 Is this redundant1 Aren;t compulsor% heirs in the direct line1 ,o. Spouses are compulsor% heirs not in the direct line. So what is the remed% of the wife who has *een omitted1 emand her legitime. 3ompulsor% heirs in the direct line co(er onl% ascendants and descendants.

'A<# )C

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

2. Preterition.+- 5praeter5 means 5to go *e%ond5 -- not enough to 6now the meaning. 1. 0ho is a person preterited1 Manresa.-- 53omplete omission from the will5 -- 0rongK 0h%1 It presupposes that if mentioned in the will. then the heir is not preterited. 8owe(er. whether %ou are mentioned in the will or not has no effect on the preterition. Illustrations+ (1) I ha(e a son. A. 4he will states 5I gi(e 17" to 2.5 A is not preterited *ec. he gets the other half. (") I ha(e a son. A. 4he will states 5I gi(e 17& to 2 and 17& to 3.5 A is not preterited *ec. he gets the other 17&. 8is legitime. howe(er. is impaired. (&) I ha(e a son. A. 4he will states 5I gi(e 17" to 2. 17" to 2. and to A. all m% lo(e.5 A. e(en if mentioned in the will. was preterited. Preterition occurs if the heir recei(es nothing from the inheritance *% wa% of testamentar% disposition. de(ise. legac%. intestac%. or donation inter #i#os. ". Situations a. 8eir is mentioned *ut nothing is left to him-- 8eir is preterited if he recei(es nothing *% intestac%. *. 8eir is instituted in the will *ut the part she is instituted in is less than her legitime.-- 4here is no preterition. Re%es (. 2arreto- atu.-- In the case. /ucia recei(ed a part of the estate through a =udiciall% appro(ed pro=ect of partition w7c was *ased on the will of her father. 8owe(er. it was found out later on that he Salud was not reall% the child of her parents. As such. /ucia sought to annul the institution of Salud as heir claiming that she was preterited. 4he S3 held that she was not preterited *e. she had recei(ed a part of the estate. 4here is no preterition if the heir is gi(en testamentar% disposition. e(en if it *e less than her legitime. 4he remed% of the heir is for the completion of her legitime pursuant to Art. ED@. &. efinition of preterition.+- Preterition happens when the compulsor% heirs in the direct line are totall% omitted from the inheritance. that is the heir got nothing *% wa% of testamentarr% disposition. donation. legac%. de(ise or intestac%. 3. 0ho can *e preterited1 1. /egitimate children-- >es. ". Illegitimate children-- >es. 4he law ma6es no distinction. &. 'arents. whether legitimate or illegitimate.-- >es. ,uguid (. ,uguid.-- In the case. Rosa died ha(ing @ *rothers and sisters and her parents. 8owe(er. she instituted one of her sisters as her uni(ersal heir. 4he parents opposed the pro*ate claiming the% were preterited. 4he S3 held that the parents were preterited. As such. the institution of the sister as uni(ersal heir is (oid. 4he estate will *e distri*uted *% intestac%. 4he S3 further stated that =ust *ec. %ou are an heir. *ut not a compulsor% heir. it does not mean that %ou will recei(e an%thing. If compulsor% heirs in the direct line are preterited. and the free portion had alread% *een de(ised to other people. the annulment of the institution of heir will in effect anull %our institution. Also. when the law sa%s de(ise or legac%. this is used in its ordinar% sense. 4he claim of the sister that her institution as a uni(ersal heir is equi(alent to a de(ise is

'A<# )E

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

untena*le. If such were accepted. it would render Art. C?) useless. ). <randparents.-- >es. ?. Spouse.-- ,o. @. Adopted child.-- >es. Acain (. Acain.-- In the case. Acain left his estate to his *rothers. completel% omitting his wife and legall% adopted daughter. As such. the two opposed the pro*ate of the will claiming the% were preterited. 4he S3 held that the adopted child was preterited *ut not the wife. A wife is not a compulsor% heir in the direct line so she cannot *e preterited. 0ith respect to the adopted child. it is different. :nder Art. &E of ' @D&. adoption gi(es to the adopted person the same rights and duties as if he were a legitimate child of the adopter and ma6es the adopted person a legal heir of the adopter. 4he S3 further stated that since there were no de(ises or legacies. and a compulsor% heir was preterited. the effect is. as if nothing was written in the will. 4he whole estate will *e distri*uted *% intestac%. . #ffect of preterition.+- 5Annul the institution of heir *ut de(ises and legacies shall *e (alid insofar as the% are not inofficious.5 -- A*rogate. set aside. eliminate. cancel. 1. #ffect of preterition (of parents) when there are no de(ises or legacies (,uguid case)-whole will is considered ine$istent. ". If there are de(ises or legacies.-- Set aside onl% the institution of heirs *ut not the institution of de(isees and legatees. If the de(ise and legac% e$ceed the free portion. decrease the de(ise and legac%. Solano (. 3A.-- 4his case made a wrong decision. It made the effect of preterition the reduction of the share of the instituted heir rather than annulling the whole institution of heir. Acain (. IA3.-- 4his case restored the correct interpretation laid down in ,uguid that preterition annuls the institution of heirs. #.g.. 4estator has son. A. 8is will states 5I gi(e 17" of m% estate to A and '&DD.DDD to ,.5 4he estate is worth '@DD.DDD. 8ow much will each get1 , gets &DD.DDD. A gets the other &DD.DDD. M gets nothing. #. 3riticism 1. 0h% not e$tend the application to the wife1 ". 0h% distinguish *etween heir and de(isee and legatee1 ,-4#+ 4his is the onl% case where it is important to 6now the distinction *etween heir. on the one hand. and de(isee and legatee on the other. Art. CAA. )%e s%are of a c%i d or descendant o!itted in a $i !ust first be taEen fro! t%e "art of t%e estate not dis"osed of by t%e $i ; if any9 if t%at is not sufficient; so !uc% as !ay be necessary !ust be taEen "ro"ortiona y fro! t%e s%ares of t%e ot%er co!"u sory %eirs. 2alane+ 4his is not a case of preterition. 4his is a case of completion of legitime.

'A<# ?D

DDD from the undisposed portion. oes this appl% to preterition1 a. If (acant portion is not enough-. 4heir intent was to ma6e Art. Is > preterited1 . (4he latter) ma% institute an action to complete his legitime. C?).DDD 2 N 17" N &DD. In other words. 4here is ?D. 8e can get ?D.DDD that he will get *% intestac%. > can demand completion of his legitime under Art. 17". ascendants. > and Q.o. C?? appl% to preterition. If we follow Art. the e$cess can *e reduced. 1.heir will recei(e something *% intestac% -. 8e =ust lac6s ?D.lac6s ?D. C??. 4he result is that Q will complain *ec. <et proportionall% from the shares of testamentar% heirs. get from the compulsor% heirs. G.DDD . A. get from G and Q proportionatel%. <et the ?D. 4he estate is worth @DD.1?D. Illustration+ A has & children. 0here do %ou get the deficienc%1 a. 4wo errors a.DDD7 & N 1DD.DDD.5 -.DDD.According to the 3ode 3ommission.<o to Art. ". 'A<# ?1 . 171" of m% estate. ". parents c. /ac6s 1?D.0R-.DDD /egitime . Hacant portion (undisposed) ".-. &.no preterition. *.-. Is this right limited or restricted to a child or descendant1 . 8is will states 5I gi(e G. spouse *.o. If the compulsor% heir gets more than his legitime.&DD.o.5ta6en from part not disposed of *% will5 -. *.5compulsor% heirs.DDD Q N 171" N ?D.DDD . 0h%1 As to the e$cess.-. G N 17& N "DD.DDD > N D N D .If the whole estate is disposed of. It applies when something is left to an heir *ut is less than his legitime.DDD. he is considered a testamentar% heir. . >ou do not reduce the shares of compulsor% heirs *ut the shares of testamentar% heirs.DDD./ac6ing onl% 1DD.DDD each. It also applies to heirs similarl% situated.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1.+.-. now his legitime would *e incomplete.lac6s 1DD. 0here do %ou get the share to complete1 1. 0h%1 4he% are not entitled to an% share if it impairs the legitime of the compulsor% heirs.DDD (Q O >) 1. 17& of m% estate.<. a. (i) Incomplete legitime. >es. <et the deficienc% proportionall% from testamentar% heirs.DDD undisposed of -. it does not refer to preterition. (ii) Preterition.e$cess 1DD. and 2. 4otal lac6 of legitimes -. 0h% is it limited onl% to child or descendant1 4his (article) should *e applica*le to an% compulsor% heir whose legitime is impaired or who recei(es less than his legitime.If %ou anal%Be the pro(ision. *. C??.

DDD Art. there is no representation. .DDD 1DD. 4. Renunciation 4. Incapacit% 4. 9or renunciation.) 4here is no e$ception. CA(. .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 4estamentar% heirs+ G N 1DD.o Rep. 4. 2alane+ Jind of 8eir 3ompulsor% Holuntar% Intestate 'redecease 4. 4.DDD .o Rep.-.DDD 2 N &DD. Rep. /egend+ 4.-. . . Section 8.-. A co!"u sory %eir $%o dies before t%e testator. Rep. CA7. Substitution is t%e a""oint!ent of anot%er %eir so t%at %e !ay enter into t%e in%eritance in defau t of t%e %eir origina y instituted. s%a trans!it no rig%t to %is o$n %eirs e?ce"t in cases e?"ress y "rovided for in t%is Code."?. Rep. ".o rep.4here is Representation . 'A<# ?" . a "erson inca"acitated to succeed. 4.DDD . no matter what 6ind of heir. 4here is no transmission of an% right from an heir to his own heirs for an% of the three cases ('.4here is no representation. I and R. Art.othing Rep. 4.++ &u"stitution of Heirs. Rep. no matter what the reason for disqualification is &. there is no representation.o Rep.o Rep. and one $%o renounces t%e in%eritance.A?.4ransmits . 4. A vo untary %eir $%o dies before t%e testator trans!its not%ing to %is %eirs. 9or (oluntar%. -*ser(ations+ 1. Rep.

8e wants to gi(e it to 2. the first is preferred o(er the su*stitute. CA'. As *et. Art. >ou cannot ha(e a purel% reciprocal su*stitution.-. 3omplete definition. A prefers 3 to get it.-. 3.-. default co(ers or defines onl% simple su*stitution and not fideicommissary su*stitution. Jinds of Su*stitution+ 1. 2ec.s su*stitute. All su*stitutions are either simple or fideicommissary. )%e testator !ay designate one or !ore "ersons to substitute t%e %eir or %eirs instituted in case suc% %eir or %eirs s%ou d die before %i!.:/ Brief or co!"endious9 . there were two others+ 1. Popular.&/ Si!" e or co!!on9 . In the -33. After 2. Is it a complete definition1 . Art. #.o. 2asis for su*stitution. 4he power to ma6e su*stitution is *ased on the power to ma6e testamentar% dispositions.g. 3 and his children.>/ Fideicommissary. C?E.) ". the testator would rather that the inheritance go to the su*stitute than *% intestac%. 2rief and reciprocal are =ust (ariations and not 6inds of su*stitutions. 2ut in default or after the first. Substitution of %eirs !ay be: .Second heir enters after the first.) 2. Simple. 4his was a 6ind of fideicommissary. C@&. 3 is appointed *% the testator as 2. *. It is incomplete *ec. In relation to the first heir instituted. (Art. or 'A<# ?& . 4his is reall% a condition imposed on the institution of heirs.. (*) renunciation or (c) incapacit%. it is possi*le that the testator ma% ha(e a second preference. 2alane+ A.A su*stitution a father made in *ehalf of a child who died *efore he reaches 1C.It co(ers the free portion onl%. ".Su*stitution is the appointment of another heir so that he ma% enter into the inheritance either in default of the heir originall% instituted or after.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 1. 5In default. a. there are onl% " 6inds. 2ut 2 ma% die *efore A.5 -.A su*stitution a father was allowed to ma6e *ec.8/ Reci"roca 9 or . '/emplar. 7ideicommissary. 0h% did we earlier define su*stitution w7 onl% " 6inds1 2ec.failure to inherit *ecause of+ (a) predecease.+. Simple or common (Art.-.Second heir enters after the default of the first 7ideicommissary. Allowing su*stitution is gi(ing respect to the first and second preference of the testator. his son was insane. ". A has sons whom he does not want to get the free portion. or s%ou d not $is%.-. As such. A would rather that 3 get it. CAC.

Strictl% or technicall% spea6ing." or more for one heir! compendious -.5 In such a case. 1.-ne su*stitutes for two or more heirs or two or more su*stitutes for one heir. in case A predeceases me..5 In such a case... 5I institute A to 17C of m% estate and as his su*stitute *% wa% of simple su*stitution. .. Art.g. 5I institute A. then the estate will pass *% intestac%. or is incapacitated to succeed.g.ote+ 4he testator ma% limit the operation of the & causes. if the cause is not co(ered *% the causes gi(en in this article. 'redecease of the first heir *. I institute as su*stitute *% wa% of simple su*stitution. 4his is =ust a (ariation of either simple or fideicommissary. 8owe(er. 2 will onl% su*stitute A if A dies *efore the testator.5 If A and 2 predecease the testator. 2rief-.5 &. simple-. or renounces. I institute 2 as su*stitute. all the three causes of su*stitution will appl% unless the testator pro(ides otherwise. 2% =ust calling it.5 then will get A and 2.. 'A<# ?) . e..-. then 2 will su*stitute him. #.ote. #.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM s%ou d be inca"acitated to acce"t t%e in%eritance. 'ro*lem+ 5I institute A. a. and if he predeceases me.g. #.5 *. 8owe(er. and *% wa% of simple su*stitution. 3auses7 grounds for the second heir to inherit in place of the first.g. if what the will stated was 5an% or. . then 2 will su*stitute him. 5I institute A. 5I institute A. s%a co!"rise t%e t%ree !entioned in t%e "receding "aragra"%. *rief and compendious are not the same. 4wo wa%s of ma6ing a simple su*stitution+ a.one for two or more heirs. Incapacit% of the first heir ". will get their shares1 . I designate G and >. un ess t%e testator %as ot%er$ise "rovided. C(D. $it%out a state!ent of t%e cases to $%ic% it refers. 2alane+ 1. )$o or !ore "ersons !ay be substituted for one9 and one "erson for t$o or !ore %eirs. the% are s%non%mous and ma% *e used interchangea*l%.o. 2alane+ Simple Su*stitution.s shares. 7ideicommissary++ 5I institute A to 17" of m% estate and impose upon him the o*ligation to preser(e and transmit the propert% upon his death to G and >. e. 4he su*stitution will ta6e effect onl% upon the death of all the three. 2 and 3 to 17& each of m% estate and in case the% all die *efore me. 2rief or 3ompendious. A si!" e substitution.loo6 at the e$ample a*o(e. #numerate all the cases. 8e can =ust mention what he wants to appl%. all die *efore me. howe(er.. ).g.5 ". Renunciation of the first heir c.

Add the result in num*er & to their original shares. <et the /3 *etween A and 2. In this case. 4he sum of the ratios is &. Multipl% &D. #$ample of second sentence+ 5I institute A to 17&. ".DDD 3 N 17" N &D. Multipl% the original share of 3 *% the ratio in ". i(ide the &D.5 If 3 predeceases the testator.DDD N 1D. <et the ratio *et.DDD N )D.DDD ). .DDD N "D. 4wo wa%s+ a.DDD *% the sum of the ratios (&) and multipl% the result *% the ratio *et. If t%ere are !ore t%an one substitute.DDD 2 N 17@ N 1D. A N "7&.DDD O 1D. or is inca"acitated.DDD 2 N 1 $ 1D. &D.DDD! 2 N 1D. I institute them as su*stitutes of one another. A N "7@. t%e substitute s%a ac.DDD N "D.DDD N "D. it is @. A N "7& $ 17" N "7@. 2 N 17@.DDD! 2 N "7@ $ @D. If %eirs instituted in une. 2 N 17@ O 17@ N "7@ ?.DDD! 2 N 17& $ &D.uire t%e s%are of t%e %eir $%o dies. them of each heir. C(&. 2 N 17& &. 'A<# ?? . un ess it c ear y a""ears t%at t%e intention of t%e testator $as ot%er$ise.DDD N )D. A N "D. Add the result in num*er & to what the% initiall% recei(ed. A N )7@ $ @D. then no su*stitution will ta6e place and the estate will pass *% intestac%.DDD. &. " + 1. 4he ratio *etween A and 2 is " + 1. 2 N 17& $ 17" N 17@ ). 2 N 17@ ".ote+ If %ou want another wa% to compute+ 1. 2 to 17@. A N " $ 1D. In the e$ample.DDD O "D.DDD *% the ratio of each heir with respect to the total ratio. renounces.DDD *e di(ided *etween A and 21 1.DDD. A N "7@.DDD N "D. In this case @. and 3 to 17" of m% estate and *% wa% of simple su*stitution.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. the remaining heirs and the sum of the ratios. A N "7@ O "7@ N )7@. If *oth are disqualified. <et the ratio *etween A and 2. 2alane+ Reciprocal su*stitution.DDD *.DDD1 A N 17& N '"D. Multipl% the result in num*er ) *% the (alue of the estate. <et the /3 of the remaining heirs. t%ey s%a %ave t%e sa!e s%are in t%e substitution as in t%e institution. 4he heirs are su*stituted for each other *ased on either simple or fideicommissary su*stitution.DDD 8ow will the &D. how will his share *e di(ided if the estate is worth '@D. A N "7& $ &D.DDD.DDD7 & N 1D.ua s%ares s%ou d be reci"roca y substituted.DDD N 1D.

it is now questioned whether there is an% residue from the wife. un ess t%e testator %as e?"ress y "rovided t%e contrary. or t%e c%arges or conditions are "ersona y a"" icab e to t%e %eir instituted.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. As such.s death. )%e substitute s%a be sub6ect to t%e sa!e c%arges and conditions i!"osed u"on t%e instituted %eir. the "nd heir ta6es the place of the first heir. he was the sole heir of his wife. 2alane+ 4our E e!ents of a Fideicommissary Substitution: &. the first heir recei(es propert%. either upon the death of the testator or upon the fulfillment of an% suspensi(e condition imposed *% the will. It pro(ided that the share in the con=ugal assets will pass to the sur(i(ing spouse and that the sur(i(ing spouse can do whate(er he or she wants with the inheritance.dual o*ligation. '3I2. and if there is an% residue from the inheritance from the other spouse upon the death of the sur(i(ing spouse. :pon the hus*and. An abso ute ob igation is i!"osed u"on t%e fiduciary to "reserve and to trans!it to a second %eir t%e "ro"erty at a given ti!e. 4estator has e$pressl% pro(ided the contrar%. :. "rovided suc% substitution does not go beyond one degree fro! t%e %eir origina y instituted. and "rovided. t%at t%e fiduciary or first %eir and t%e second %eir are iving at t%e ti!e of t%e deat% of t%e testator. Art. furt%er. #ssence of a fideicommissary su*stitution-. 4he wife died first. A 6ind of su*rogation. e(en sell it. C(8. 2alane+ In su*stitution. C(:. to the *rothers and sisters of the wife as seen in his authorit% to sell the propert%.-.In the case. su*=ect to the same e$ceptions. 3harges and o*ligations are personall% applica*le to the first heir. )%ere !ust be a first %eir or fiduciary. 5<i(en time. (and the) administratri$ of the hus*and claims that+ (1) 4here was no fideicommissary su*stitution *ec.5-. 9or the su*stitution to operate. it shall pass to the *rothers and sisters of the spouse who first died. A fideicommissary substitution by virtue of $%ic% t%e fiduciary or first %eir instituted is entrusted $it% t%e ob igation to "reserve and to trans!it to a second %eir t%e $%o e or "art of t%e in%eritance. s%a be va id and s%a taEe effect.s estate that could pass to her *rothers and sisters. '3I2 (. 9irst heir does not recei(e the propert%. there was no o*ligation upon the hus*and to preser(e and transmit the prop. 4he article does not onl% co(er charges and conditions *ut also the rights of the first heir. As distinguished from a simple su*stitution where the second heir recei(es propert% onl% upon default of the first heir. the general rule is+ 4he second is su*=ect to the same charges and conditions as the first heir. 4he hus*and did not liquidate the con=ugal assets *ec. then it is understood that the period is the lifetime of the fudiciar%. *. ". #scolin. then the testamentar% disposition is (oid and there can *e no transmission of rights to the *rothers and sisters. #$ceptions+ 1.'ro(ided *% the testator! if not. 4he S3 'A<# ?@ . and (") since there was an in(alid attempt to ma6e a su*stitution. the spouses e$ecuted reciprocal wills. a.

4he S3 agreed w7 the nephews.-..Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM agreed w7 contention no. 2alane+ In fact. a. legitime is transmitted *% operation of law upon the death of the testator. "7& of the usufruct of the free portion was gi(en to 0anda. chaos will result if the fideicommissaries die. the rights of the first and second heir are (ested. 4he institution of the hus*and was su*=ect to a resolutor% condition while the institution of the *rothers and sisters was su*=ect to a suspensi(e condition. )%e first and second %eir !ust bot% be iving and .-. quoting 4olentino. >. If fiduciar% is a*le to register the propert% in his name.3haracteriBed the situation as a legac% or de(ise of the residue. 'A<# ?A . 8er grandnephews o*=ect on the ground that there could *e no fideicommissary su*stitution *ec. 5-ne generation. fideicommissary should annotate his claim on the land on the title to protect himself against an% alienations in fa(or of innocent third parties. Ba ane disagrees $@ )o entino that there can *e no successi(e fideicommissaries or se(eral transmissions.Similar to usufruct. C(>. 9rom the moment of the death of the testator. See 'alacios (. 8owe(er.s estate of assets he recei(ed from his wife at the time of his death. 1 on the same ground. a. the fideicommissary can onl% *e either a parent or child of the fiduciar%. he transmits the propert% to the second heir.5 oes it refer to the degree of relationship or num*er of su*stitution1 It refers to the degree of relationship.s right to the residue is e$tinguished upon his death while the right of the *rothers and sisters (ests at the same time.In the case. Art. RamireB. 4he second requisite was a*sent and there could *e no ficeicommissary su*stitution. >ou will not 6now who will get the propert% and that the propert% ma% *e tied up for centuries. If there is. the hus*and. 0ith regard to the second contention. It is the e$istence in the hus*and. :pon the lapse of time for the first heir.-.ua ified at t%e ti!e of t%e deat% of t%e testator. )%ere is a second %eir $%o !ust be one degree fro! t%e first %eir. there can onl% *e one fideicommissary transmission such that after the first. the S3 disagreed. the su*stitutes were not w7in one degree of each other. C@@. If this is allowed. As such. 4he% cannot *e an% more fideicommissary su*stitution coming from the same testator.'ossessor% and en=o%ment rights w7o right to alienate. 4he S3 said there was a simultaneous su*stitution. fideicommissary su*stitutions are also limited to one transmission. RamireB. (loo6 at Art. In other words. . w7 " other persons not related to her as her su*stitutes *% wa% of simple and fideicommissary su*stitution. that one degree refers to one generation. d. Scae(ola.ature of right of first heir.-. 'alacios (. no testamentar% disposition can *urden the legitime *ec. there can *e no second fideicommissary su*stitution. A fideicommissary substitution can never burden t%e egiti!e. It said.) *. 8. 2oth conditions are one and the same.

)%e fo o$ing s%a not taEe effect: . It will not ta6e effect as a fideicommissary su*stitution *ut ma% ta6e effect as something else.&/ Fideicommissary substitutions $%ic% are not !ade in an e?"ress !anner. beyond t%e i!it fi?ed in artic e C(89 . C@?. a certain inco!e or "ension9 . I+ If %ou prohi*it for &D %rs. par. even t%oug% %e s%ou d die before t%e fiduciary. 'erpetual prohi*ition will freeBe the propert% w7c is against pu*lic polic%. Relate to Art. Art. 2% imposing upon the fiduciar% the o*ligation to preser(e and transmit. 'A<# ?C .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. 2alane+ 4his relates to the fourth requisite of fideicommissary. CAD rather than Art. $it%out ot%er deductions t%an t%ose $%ic% arise fro! egiti!ate e?"enses. C((.>/ )%ose $%ic% eave to a "erson t%e $%o e or "art of t%e %ereditary "ro"erty in order t%at %e !ay a"" y or invest t%e sa!e according to secret instructions co!!unicated to %i! by t%e testator. *. 2alane+ Reasons $%y t%ey $i not taEe effect: 1. 0hen the propert% goes to the second heir. 4his is not a fideicommissary *ut a prohi*ited institution.s death. 1. 2% naming it. or i!"osing u"on t%e fiduciary t%e abso ute ob igation to de iver t%e "ro"erty to a second %eir9 . beyond t%e i!it "rescribed in artic e C(8. and *% wa% of fideicommissary su*stitution.5 Art. eit%er by giving t%e! t%is na!e. 3annot prohi*it alienation *e%ond the death of the fiduciar%. 4emporar% prohi*ition is allowed *ut cannot go *e%ond the limit in Art.8/ )%ose $%ic% i!"ose u"on t%e %eir t%e c%arge of "aying to various "ersons successive y. )%e second %eir s%a ac. )%e rig%t of t%e second %eir s%a "ass to %is %eirs.-. save in t%e case $%ere t%e testator %as "rovided ot%er$ise. there is no more prohi*ition. )%e fiduciary s%a be ob iged to de iver t%e in%eritance to t%e second %eir. 4he% contend that the limit is "D %rs. 3ommentators sa% that it refers to Art. 2alane+ 4here are " wa%s of ma6ing a fideicommissary su*stitution+ 1. credits and i!"rove!ents. I institute 2 as his su*stitute.5I institute A to 17" of m% estate.. the contention is (alid if %ou do not ma6e it applica*le to su*stitutions. right of the first and second heir *ecome (ested. ". C(7. C(A. C@&.5 ". In such a case.-.5I institute A to 17" of m% estate and impose upon him the o*ligation to preser(e and to transmit the same to 2 upon his return.limit is the death of the fiduciar%.uire a rig%t to t%e succession fro! t%e ti!e of t%e testatorGs deat%. C@&-. At the time of the testator.:/ Provisions $%ic% contain a "er"etua "ro%ibition to a ienate. Every fideicommissary substitution !ust be e?"ress y !ade in order t%at it !ay be va id. a. and even a te!"orary one. what will happen1 A+ 4here are " answers.

If it goes to the son of the son of 2. but successive y.5 a. par. and to 2 the usufruct and upon 2.ote+ Fust as there can *e a su*stitution w7 regard to the usufruct. umm% pro(ision. the institution will not *enefit G. (2alane agrees w7 this. the% agree *etween themsel(es that A will lea(e to 2 a de(ise and from its profits 2 will gi(e G. 4hin6 a*out it. #.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1.t *e allowed. A "rovision $%ereby t%e testator eaves to a "erson t%e $%o e or "art of t%e in%eritance. C7D. Art. If institution of 2 is in(alid. So A pretends to name 2 as heir. Art. *.DDD pension to A and in A. A gets 2 as a dumm%. C@A.. to A. 2ut in realit%. 5I gi(e to A na6ed ownership.s death. 2alane+ 4his is similar to Art. ). t%e "rovisions of artic e C(8 s%a a"" y. Art. #$ample. 4he whole period is (oid. Institution of A is (alid w7o su*stitution. If the institution of A is in(alid. 'rohi*ition of gi(ing to paramour A has a paramour G. s%a be va id. such institution is for the *enefit of G.s son. 4he first and second recipient must *e w7in one degree. 5I gi(e 17& of m% estate to G and impose upon him the o*ligation to gi(e a '?. then it won. ". to his son 3.. )%e nu ity of t%e fideicommissary substitution does not "re6udice t%e va idity of t%e institutions of t%e %eirs first designated9 t%e fideicommissary c ause s%a si!" y be considered as not $ritten. & #$ample. it is contrar% to law. 07in the limit of Art. a. 2alane+ 4he nullit% of the fideicommissary su*stitution will not affect (alidit% of institution of the first heir. A and 2. C(C. Attempt to circum(ent one degree limitation of fideicommissary su*stitution. As regards 2. -nl% the first "D %ears is (alid. 4oo *ad for G.5 4his is allowed.5 4his is (alid. what will happen to the institution of A1 Halid. #(en if G shows a written agreement *et. )%e dis"ositions of t%e testator dec aring a or "art of t%e estate 'A<# ?E . and to anot%er t%e usufruct. C('. If %e gives t%e usufruct to various "ersons. *. then it is in(alid. 2ut if this is e$tended to the son of the son of A. In such a case. it cannot *e enforced *ec. 5I here*% institute A to 17& of m% estate under o*ligation to preser(e and to transmit the same to 2 upon his death.g.g.) &. 4his is usuall% used as a means to circum(ent some prohi*ition of law. what will happen to the institution of 21 4he law does not pro(ide. . not si!u taneous y. A instituted 2 at his own ris6 that he ma% *e dou*le-crossed *% 2. he can 6eep the inheritance e(en if he dou*le-crosses A. there can also *e a su*stitution w7 regard to the na6ed ownership. C@&. #. 2ut it cannot e$tend *e%ond the second recipient. 2ecause of the prohi*ition of gi(ing to a paramour.s death.

4erm-.applies to all three-.-.++ Conditional Testamentary $ispositions and Testamentary $ispositions With a Term Articles CA1-CA? tal6 of three things+ 4estamentar% dispositions with a-1. CAE to CC1. C7&. Art. Similarit% *etween condition and term.A condition is uncertain! a term is certain. par.-. If he can dispose of his propert% mortis causa. CC&. Rationale for right to ma6e either of the three+ 1. 4he whole period is (oid.-. 1. Mode a.Articles CA1 and CA". Mode. 3ondition ". CC) &. then he can certainl% impose either a condition.Articles CC".2oth refer to a future e(ent. 4o rearrange+ 1. ifference *etween condition and term. I+ 3an it go *e%ond "D %rs1 A+ 4here are " answers. <eneral 'ro(isions-. ". 2alane+ 4his has nothing to do w7 su*stitution. 4he article did not include an institution with a term. . condition or substitution 'A<# @D . <enera Provisions.Articles CA& to CAA.-. Mode is not included in the title of the section . 1 &. Right stems from the right of freedom to dispose of his propert% mortis causa. C7:. c. CC? ). 4he arrangement of this Section is disorganiBed.o. Section >. )%e testator cannot i!"ose any c%arge. ". ". or for a certain "ur"ose or cause. . Same principle as su*stitution Simple su*stitution-. )%e institution of an %eir !ay be !ade conditiona y.certain as to time or certain as to occurrence &. 2alane+ 4his gi(es the testator the right to ma6e these dispositions.-. *.An o(ersight. 4erm. Art.Articles CAC.o. 3ondition. de(isee or legatee.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ina ienab e for !ore t%an t$enty years are void.special 6ind of condition 7ideicommissary++ Institution su*=ect to some encum*rance d. ".-. CC& par. 4his is an o(ersight. term or mode. 2ut (alid onl% for the first "D %ears. It refers to simple institution of heir.

ED). 0hile in onerous donations.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM $%atsoever u"on t%e egiti!es "rescribed in t%is Code.5 Since there is an impossi*le condition. t%e sa!e s%a be considered as not i!"osed. If t%e ob igation is divisib e. I!"ossib e conditions and t%ose contrary to a$ or good custo!s s%a be considered as not i!"osed and s%a in no !anner "re6udice t%e %eir. I ega or i!"ossib e conditions in si!" e and re!uneratory donations s%a be considered as not i!"osed. Art. there is a failure of cause. Art. A"A. &&C8. An abso ute condition not to contract a first or subse.) and onerous o*ligations (Art. #ffect+ It nullifies the condition. /egitimes.. the mo(ing factor still e$ists.DDD. the condition is an element of cause. against pu*lic order and pu*lic polic%.ullifies the 3ondition a. S%ou d %e do so. 0h%1 2ec. onations. :. t%at "art t%ereof $%ic% is not affected by t%e i!"ossib e or un a$fu condition s%a be va id. the testamentar% disposition is *ased on the power to dispose mortis causa. are passed *% operation of law. 4he testamentar% disposition *ecomes pure. C78. -nerous o*ligations 0h% the difference1 4estamentar% dispositions and donations are acts of li*eralit%. Since there is no cause.uent !arriage s%a be considered as not $ritten un ess suc% condition %as been i!"osed on t%e $ido$ or 'A<# @1 . 11C&. 2alane+ A suspensi(e condition gi(es rise to the right if it happens. If %ou ta6e awa% the impossi*le condition. #. 7:7. 2alane+ <eneral limitation+ 4he testator cannot impair the legitime. 4his results in a (oid o*ligation.g. 3ondition 'rohi*iting Marriage. then the o*ligation is (oid.) Art. I!"ossib e conditions. even if t%e testator s%ou d ot%er$ise "rovide. Jinds of 3onditions+ 1. the li*eralit%. . . 4estamentar% dispositions *. A resolutor% condition e$tinguishes the right if it happens. Conditions. 4his is repeated in Art. there is a failure of cause. 5I sell %ou m% car if %ou impregnate the great *lue *ear of Antartica and if %ou pa% me '1D. on the other hand. C7>. Impossi*le 3onditions. t%ose contrary to good custo!s or "ub ic "o icy and t%ose "ro%ibited by a$ s%a annu t%e ob igation $%ic% de"ends u"on t%e!. Art. 3ompare with donations (Art. ". 4he condition is deemed as not imposed. a*solute and unconditional. 2alane+ Impossi*le conditions include those w7c are illegal. If the condition is impossi*le. 4he mo(ing factor is li*eralit%.ullifies the -*ligation a.

#$ception+ Halid if imposed *%+ (a) spouse! (*) ascendants of spouse! (c) descendants of spouse. #. a ready co!" ied $it%. If the condition is imposed on the second marriage. Nevert%e ess.5 4he disposition is (oid. 3onsider (the article) restricti(el%.ot (alid. ".5 4his is a (alid condition. -ther Situations+ 1. he will not get married. Art. #. it is not prohi*ited and *% contrar% implication.5 4he condition is (alid in this case. ". 5I gi(e A a pension of '1D.4he condition is considered as not imposed.g..Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM $ido$er by t%e deceased s"ouse. 5I gi(e 17& of m% estate to A if she does not get married. #ither option is unaccepta*le. 4he second paragraph rela$es the rule to go around the prohi*ition of the first par. It is against re(oca*ilit%+ If %ou can alter %our will after recei(ing.ueat%ed to any "erson for t%e ti!e during $%ic% %e or s%e s%ou d re!ain un!arried or in $ido$%ood. &. Any dis"osition !ade u"on t%e condition t%at t%e %eir s%a !aEe so!e "rovision in %is $i in favor of t%e testator or of any ot%er "erson s%a be void. 5I gi(e 17& of m% estate to A pro(ided he ma6es a will instituting me (or 2) as heir. it impairs the (oluntariness of wills! *. Any "ure y "otestative condition i!"osed u"on an %eir !ust be fu fi ed by %i! as soon as %e earns of t%e testatorGs deat%.DDD during the entire time she is single.-. #$ception+ 5I gi(e the entire free portion of m% estate to m% hus*and A on the condition that if I predecease him.-. he will not get married. 0hat a*out a condition to renounce a religion1 . cannot be fu fi ed again. A on the condition that if he should *e widowed. It is against pu*lic polic% *ec. If the condition is on the first marriage. 2alane+ #. ). Suspensi(e 3onditions.. then it is a *reach of good faith.g. #$ample+ <eneral rule+ 5I gi(e 17& of m% estate to Mr. t%e rig%ts of usufruct./imit it to cases where the *eneficiar% is to ma6e a will instituting the testator or a third person. Art.g. 2alane+ istinguish. C7A. 0hat a*out a condition to enter into religious life1 Halid.. )%is ru e s%a not a"" y $%en t%e condition.<eneral rule+ 4he condition is deemed as not imposed. or an a o$ance or so!e "ersona "restation !ay be devised or be. 0hat a*out a condition to contract marriage1 Halid *ec.5 4he condition is deemed as not imposed here. C7(. the condition is against re(oca*ilit%. 2ut if the testator is not allowed to alter the will.-1. 0h%1 a.5 4he condition is considered as not imposed. 'A<# @" .-. or by t%e atterGs ascendants or descendants.

or consists in not doing or not giving so!et%ing. 5I gi(e G. $it%out t%e fau t of t%e %eir.. C7'. Mi$ed. #. 3asual. a. de(isee or legatee. Art. toget%er $it% its fruits and interests. 17& of m% estate should Ma%on erupt one %ear from now. . Iualification+ If condition is alread% fulfilled at the time of the e$ecution. un ess %e %as "rovided ot%er$ise. 0h%1 It is not w7in the heir. %e s%a co!" y by giving a security t%at %e $i not do or give t%at $%ic% %as been "ro%ibited by t%e testator.4he fulfillment of the condition depends solel% upon the will of the heir. 2alane+ )%ere are )%ree 5inds of Sus"ensive Conditions: 1. #$ception+ If the condition has alread% *een fulfilled and it cannot *e fulfilled again.4he fulfillment of the condition depends partl% on chance and partl% on the will of the heir..4he fulfillment of the condition depends solel% on chance or on the will of a third person.5 Rules for casual and mi$ed conditions+ <eneral rule+ 4he condition ma% *e fulfilled an% time. or legatee. t%e condition s%a be considered fu fi ed on y $%en it is of suc% a nature t%at it can no onger e?ist or be co!" ied $it% again.s death unless the testator pro(ides otherwise.(1) If the condition can no longer *e fulfilled again.. C77.s control.g. either *efore or after the testator. #.5 <eneral rule+ 4he condition must *e fulfilled as soon as the heir learns of the testator. #.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. 'urel% 'otestati(e. ". 5I gi(e one million to A pro(ided he sets up a foundation for the (ictims of the ne$t eruption of Ma%on.-.-. 4estator is aware.4he condition is deemed complied w7 or fulfilled. If t%e condition is casua or !i?ed it s%a be sufficient if it %a""en or be fu fi ed at any ti!e before or after t%e deat% of t%e testator. CC8. and t%at in case of contravention %e $i return $%atever %e !ay %ave received. 'A<# @& . 3onstructi(e compliance is applica*le.-.5 &. it is deemed fulfilled! (") If the condition can still *e fulfilled. it s%a be dee!ed as co!" ied $it%.s death. If %e %ad Eno$ edge t%ereof. If t%e "otestative condition i!"osed u"on t%e %eir is negative.g. 5I gi(e m% entire free portion to #rap should he sha(e his moustache. de(isee. S%ou d it %ave e?isted or s%ou d it %ave been fu fi ed at t%e ti!e t%e $i $as e?ecuted and t%e testator $as una$are t%ereof. the condition is deemed fulfilled. fulfill it again. de(isee or legatee. ??? If t%e "erson interested in t%e condition s%ou d "revent its fu fi !ent.-.g. 4estator is unaware-. Art. *. t%e condition s%a be dee!ed to %ave been co!" ied $it%.

-a.uiring %is rig%ts and trans!itting t%e! to %is %eirs even before t%e arriva of t%e ter!.uired in t%e "receding artic e.-. Art. )er!.ot applica*le...-. the condition has *ecome o*(iousl% impossi*le of *eing fulfilled. )%e a""oint!ent of t%e ad!inistrator of t%e estate !entioned in t%e "receding artic e. 2% chance. -ther 'ro(isions. in w7c case the estate should *e gi(en to the instituted heir! ".-.not applica*le *. t%e estate s%a be " aced under ad!inistration unti t%e condition is fu fi ed. Articles 11AE to 11E".5 4estator dies while A is still ta6ing law. de(isee or legatee has done e(er%thing to compl% w7 the condition *ut the condition still does not happen. It *ecomes o*(ious that it cannot *e fulfilled. Mi$ed. 2% will . A dis"osition $it% a sus"ensive ter! does not "revent t%e instituted %eir fro! ac. 2alane+ If the suspensi(e condition is not fulfilled. ?. place the estate under administration until+ 1. #. Art. C7C. 1. or unti t%e arriva of t%e ter!. in w7c case. in w7c case the car should *e gi(en to him! or (*) A dies while re(iewing in w7c case. 3asual. CC>. as $e as t%e !anner of t%e ad!inistration and t%e rig%ts and ob igations of t%e ad!inistrator s%a be governed by t%e Ru es of Court. 8.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Rules for 3onstructi(e compliance. Art. 'A<# @) . 'urel% potestati(e. CCD. 2alane+ Rules on conditional o*ligations will appl% suppletoril%.. 4he car is put under administration until+ (1) A tops the *ar. 5I gi(e a car to A when he places first in the *ar. If t%e %eir be instituted under a sus"ensive condition or ter!. ".(1) 'erson interested .Applica*le. CC&. Conditions i!"osed by t%e testator u"on t%e %eirs s%a be governed by t%e ru es estab is%ed for conditiona ob igations in a !atters not "rovided for by t%is Section. 4he condition is fulfilled. )%e sa!e s%a be done if t%e %eir does not give t%e security re. the estate should *e gi(en to the intestate heirs.ot applica*le.-. Art.g.4hat when the heir.applica*le (") 'erson not interested . or unti it beco!es certain t%at it cannot be fu fi ed. the car should *e gi(en to the intestate heirs *ec. &.

)-. it s%a be co!" ied $it% in a !anner !ost ana ogous to and in confor!ity $it% %is $is%es. #ode. If the heir dies after the testator *ut *efore the term e$pires.Art. But in t%e first case %e s%a not enter into "ossession of t%e "ro"erty unti after %aving given sufficient security. In case of dou*t whether a mode e$ists. fi(e %ears after m% death. CC:.. In case of dou*t *etween a mode and a condition. 5I gi(e '1M to G. par. 4he instituted heir does not ha(e to file a *ond. 2alane+ A mode is an o*ligation imposed upon the heir to do or to gi(e something.<i(e it to the instituted heirs *ut when the term arri(es. ??? 2alane+ A caucion muciana is a securit% to *e put up to protect the right of the heirs (who would 'A<# @? .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 4his is founded on the principle that the right of the heir instituted su*=ect to a term is (ested at the time of the testator. he transmits his rights to his own heirs *ec.s death-. 2%en $it%out fau t of t%e %eir. Art.5 A condition suspends *ut does not o*ligate while a mode o*ligates *ut does not suspend. toget%er $it% its fruits and interests. of the (ested right. 1D&). )%e designation of t%e day or ti!e $%en t%e effects of t%e institution of an %eir s%a co!!ence or cease s%a be va id. resol(e in fa(or of mode. 4he heir must sur(i(e the testator. t%e ega %eir s%a be considered as ca ed to t%e succession unti t%e arriva of t%e "eriod or its e?"iration. )%e state!ent of t%e ob6ect of t%e institution. Rules+ 1.-. >. #. die)-. Resolutor% (in diem. Suspensi(e (e. #. 2alane+ 0hat happens when the testator dies1 istinguish *etween+ 1.g. s%a not be considered as a condition un ess it a""ears t%at suc% $as %is intention.5 3ompare this w7 conditional. 5I gi(e 17& of me estate to A *ut impose upon him the o*ligation to pa% for m% son. intestate heirs must put up a *ond (caucion muciana. CC8. )%at $%ic% %as been eft in t%is !anner !ay be c ai!ed at once "rovided t%at t%e instituted %eir or %is %eirs give security for co!" iance $it% t%e $is%es of t%e testator and for t%e return of anyt%ing %e or t%ey !ay receive.4he heir must *e ali(e and qualified at the time of the testator. or t%e a"" ication of t%e "ro"erty eft by t%e testator.s death and when the condition happens.) ". $it% t%e intervention of t%e instituted %eir. &-..g. Art.Iualification of heir-. ". an institution referred to in t%e "receding artic e cannot taEe effect in t%e e?act !anner stated by t%e testator. or t%e c%arge i!"osed by %i!. Art.s education. he must gi(e it to the intestate heirs. if %e or t%ey s%ou d disregard t%is ob igation. resol(e in fa(or of it *eing a request.gi(e it to the intestate heirs for them to en=o% *ut in order to protect the right of the instituted heir.he will =ust wait for the term to e$pire. In bot% cases. CCA.

Art. t%erefore..-.++ Legitime.Art. ". 2alane+ /egitime comes a 9rench word w7c means 5legitimate share.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM succeed to the propert%) in case the condition. ca ed co!"u sory %eirs.+ L goes to the goes to the 1. Mode. 'A<# @@ . 2alane+ 1. &. CAE.-. par. 9or the 'hils. ". . 4otal reser(ation-. It opened a*uses and ga(e L children in children *ut parents power to influence7 L equal shares the testator has *lac6mail their children! L freedom as to L how the chilL dren will share L it..5 4his was deri(ed from the Spanish 3i(il 3ode *ut was simplified. ". 4he law does not specif% w7c prop. to reser(e *ut onl% sets aside a fractional portion of the estate. Instances when it is needed+ 1. 'artial Reser(ation. we ha(e partial reser(ation.e(er%thing is set aside.-. CC?.set aside for compulsor% heirs ". 4he law sets a fractional portion of the estate aside for the compulsor% heirs. CC(. . term or mode is (iolated. Suspensi(e condition.egati(e potestati(e condition. 4here is compulsion on the part of the testator to reser(e that part of the estate w7c corresponds to the legitime.no reser(ation e$cept for support &. 4here is no o*ligation on the compulsor% heirs to accept.Art. Legiti!e is t%at "art of t%e testatorGs "ro"erty $%ic% %e cannot dis"ose of because t%e a$ %as reserved it for certain %eirs $%o are.-.ew 3i(il 3ode Spanish 3i(il 3ode ____________________________________________________________________ /egitimes7 9ree portion L Short Me=ora 9ree 'ortion L /egitime 2etterment L ____________________________________ L L A*olished me/ora *ec. 4here are & 6inds of S%stems+ 1. Section A. 3ommon law-. L M 7 L /ong /egitime _____________________________L_________________________________________ Art. CC". It was a s%stem our people L M 7 ne(er applied nor understood.

Art. /egitimate parents and ascendants &.-. #.Sur(i(ing spouse and illegitimate children. legitimate descendants./egitimate parents. and natural children *% legal fiction ?.-. 8. A owns lot worth '?M. 4his is (alid. Ac6nowledged natural children. 4he prohi*ition does not co(er an onerous disposition *ec. 4he S3 denied her claim *ec. $it% res"ect to t%eir egiti!ate "arents and ascendants9 .. In a cases of i egiti!ate c%i dren. this in(ol(es an e$change of (alues. &. and natura c%i dren by ega fiction9 .In this case. legitimate ascendants 4he% inherit onl% in the a*sence of default of the primar%.:/ In defau t of t%e foregoing. 4his is not (alid if it impairs the legitime of 2 and 3. 4he% are primar% *ec.&/ Legiti!ate c%i dren and descendants. 3oncurring. ". Rosales (. )%ree 5inds of Re ations%i" A!ong Co!"u sory 1eirs: 1.s hus*and had predeceased his mother. Co!"u sory %eirs !entioned in Nos.s estate claiming she is a compulsor% heir *eing a widow. -ther illegitimate children :nder the 9amil% 3ode. t%eir fi iation !ust be du y "roved.A/ Ot%er i egiti!ate c%i dren referred to in artic e :C7. 4he plaintiff widow see6s a share in her mother-in-law. there is no more distinction *etween ac6nowledged natural children and illegitimate children. s%a in%erit fro! t%e! in t%e !anner and to t%e e?tent estab is%ed by t%is Code.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ". 4he plaintiff. CC7.>/ AcEno$ edged natura c%i dren. 4he prohi*ition imposed on the testator is that he is prohi*ited from ma6ing gratuitous disposition+ (a) testamentar% disposition mortis causa8 (*) donation inter #i#os -nl% the legitime is reser(ed.-. A donates to . the deceased was the mother-in-law of the plaintiff. 'rimar%. and the% e$clude the secondar%. and in their a*sence. a. > and A are not e?c uded by t%ose in Nos./egitimate children. Rosales. egiti!ate "arents and ascendants. )%e fo o$ing are co!"u sory %eirs: .8/ )%e $ido$ or $ido$er9 . 4he free portion ma% *e disposed of *% will.-. /egitimate children and descendants ". $it% res"ect to t%eir egiti!ate c%i dren and descendants9 . & and :9 neit%er do t%ey e?c ude one anot%er. and in their a*sence. 4he% had a child 3. 0idow or widower ). *. )%e fat%er or !ot%er of i egiti!ate c%i dren of t%e t%ree c asses !entioned. A is married to 2.g. 4he% are all considered as illegitimate. the widow in the law refers to the widow of the deceased and not of a relati(e of t he deceased. Secondar%. A sells the lot to for '?M. the% are a*solutel% preferred. 4he% get their legitime 'A<# @A . 2alane+ 4here are 9i(e (?) 6inds of 3ompulsor% heirs+ 1.

) . ". in equal portions. last par.)7? of the share of each natural child. ". in equal portions. ".17". #$cept+ Illegitimate children e$clude illegitimate parents. . (Art.) Sur(i(ing spouse -.) -ne legitimate child -. ". par. (Art. par. ".) /egitimate children -. 1. /egitimate parents compulsor% heirs.17".share equal to that of each child (Art. CE". CCC.17). CE?.17) (Art. in equal portions.17". (Art. in equal portions. (Art.atural children -.atural children -."7? the share of each legitimate child (Art.17" (Art.17" of the share of a legitimate child. /egitimate children 17". CCC.) 1. par.) Illegitimate children -. 1. par. *ifferent Co!binations I. CE?.) /egitimate children -.)7? of the share of a natural child.) Illegitimate children -. CE?. CE". (Art. par. (Art. CE".atural children -.) Illegitimate children -. whether the% sur(i(e alone or w7 concurring CEA.) C. 1.) E.atural children -. CE".) /egitimate children -. -17".) Sur(i(ing spouse -. CE?.) 'A<# @C . par. (Art.) . CE?.) 1D.) . (Art.atural children -. par. (Art. CCE.share equal to that of a legitimate child. CCC. CE?. (Art.17" (Art. CCE. According to 4olentino (all shares are w7 respect to the whole estate unless otherwise pro(ided.) I A. (Art. R I ?.17" of the share of a legitimate child.either e$clude primar% or secondar% heirs nor each other. &. @.) Sur(i(ing spouse -. 4he sur(i(ing spouse will *e preferred o(er the natural and illegitimate children. . 1. CE?.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM together w7 the primar% or secondar% heirs.17) (Art.17". (Art.17" the share of each legitimate child (Art. ). in equal portions (Art.) Illegitimate children -. whose share ma% suffer reduction pro rata. CCC.) . par. ". CCC. CE@.) /egitimate children -. /egitimate parents -.) Sur(i(ing spouse -.17". 1. par.-4#+ All concurring heirs get their share from the free portion. Artic es CCC to 'D8. in equal portions. 1. CCC. CE?. CCC. (Art.17" of the share of a legitimate child. (Art. whether the% sur(i(e alone or with concurring compulsor% heirs. .) ". CEC. /egitimate children -. par. in equal shares. par. par. CE?.17" (Art. -ne legitimate child -.)7? of the share of a natural child.

atural and7 or illegitimate children -. R 1".17) Sur(i(ing spouse -.17" or 17& if the marriage is in articulo mortis and the deceased dies w7in & months after the marriage. child -. Sur(i(ing spouse -.) 1C. (Art. ED&. CCE. CE?. CE?. CE&.17" (Art.17" (Art. . ED&. CEE.M 17) (Art. R 1).) /egitimate parents -. (Art. ".M 17) (Art.) Sur(i(ing spouse -. Illegitimate parents -.17" (Art. According to 2alane (all shares are w7 respect to the whole estate unless otherwise pro(ided.17).) 1. CCE. 1E.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 11. ".) 1&.17& (Art.17" (Art CCE. "D.) . CE@) *ut each illegitimate child gets )7? of the share of each natural child. CE? Illegitimate children --.17" 'A<# @E . CE@.17) (Art.17) (Art.17" shared equall% N 171D SS -. ED1. CE). ". Illegitimate children -. each of the illegitimate child gets onl% )7? of the share of each natural child. di(e the portion equall%. /egitimate parents -. CE@) *ut each illegitimate child gets )7? of the share of each natural child (Art. (Art. as the case ma% *e.) If all natural or all illegitimate. in equal shares (Art. di(iding it as in num*er II. &.) /egitimate parents -.17" shared equall% N 17) each Sur(i(ing spouse (hereinafter SS) -.17) ? /egitimate children -. CE). 1 leg.all together get 17" (Art.) Illegitimate children -. If some are natural and others illegitimate.none.) /egitimate parents -.) 1A. 1?. EDD. ". ED&.) 1@.7 par.same as in nos. (Art.17& (Art.) Illegitimate parents -.17" (Art.atural children ------.atural children -----. 1.atural and7 or illegitimate children -. par.) .7 par. CCE. @ and 1?. " legitimate children -. ).) 3hildren or an% class -.same share as in legitimate child N 171D -2S#RH#+ 4here is an in(erse proportion *etween num*er of children and the share of the SS.17C (Art. Illegitimate parents (natural or otherwise) alone -. Sur(i(ing spouse alone -.) Sur(i(ing spouse -.). .) I 1?.

parents -. 1D. ies w7in & months c.M 1 leg. children -. parents -. parents -.none 1 adopted child -.17" e$cept if the marriage is in articulo mortis. 1?. children -. children N 171@ " illeg.17" SS alone -.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM SS -.17" shared equall% & illeg. SS gets 17) ).17" shared equall% N 17) each If it e$ceeds the estate.17) shared equall% SS -.ot li(ed together for ? %ears d. Marriage is in articulo mortis *. children -.17) " leg.17" shared equall% 1 adopted child -. is 17& 'A<# AD .17) shared equall% " illeg.17" shared equall% SS -. 11.17" " leg. parents -. #$ception+ If onl% 1 leg. 1&. child -. ?.17) ) illeg.17) SS -.17& ) illeg.none 1 adopted child -. in w7c case the share a.none & illeg.17) Illeg. parents -. 1). child N 17C each " leg.17& shared equall% SS -. parents -.17C 1 illeg.17" of the share of a leg. child. " leg. parents -.17" shared equall% SS -. children -. 'erson who dies is the sic6 spouse 17" shared equall% @. A. E. child ------.none.7 SS -.share equal to 1 leg. children -. child N 17) __ leg.17" shared equall% SS -.17) " leg. 1". parents -. .17) <eneral rule+ SS gets share equal to 1 leg. C. rata*l% diminish the legitime of the illeg. children -.17) " leg. child. SS -.

17" SS -. children -.17" 1 illeg. child N 17C " leg. child N 17&@ SS -.17" shared equall% N 171@ 1 illeg. 4he% ha(e not li(ed together for ? %ears o not 'A<# A1 . 1 adopted child -.none 1 adopted child -. "&. Marriage in articulo mortis *. child -. child -.M 17" shared equall% 1 leg.17) " leg.17) 1 leg.Illeg. child -. children -.17" 1 illeg. child N 17&" SS -. + illeg.7 N 171C each 1 illeg.17" SS -. -.M 17" shared equall% 1 adopted child . If the decedent died after the 93 too6 effect -.Illeg. "". distinguish *etween natural and spurious.17" SS -.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1@. parents (17)) and SS (17)) (&) Articles EDD -. N " + 1.none 1C.7 N 17) SS -. child ------. :nder the 9amil% 3ode+ 1. child N 171@ C leg.17" of the share of an adopted child N 17) C leg.17" of the share of a leg. children (17&) and SS (17&) (") Art. or illeg.leg. CE).17" -.17" share of leg. + natural + illeg. child -.17" of the share of a leg. or illeg. ED&. child N 171C 1 leg. child -. parents -. parent -.same share as 1 leg. parent -. 1A.17) 1 leg. child -.same as the share of 1 leg.17) 1 illeg. "1. (conc)urring fraction -. 1E. N 1D + ? + ) ". "D. parent -.17) 1 adopted child -.17C 1 illeg.leg. 4he spouse dies w7in & months c.same share as a leg. there will *e a group or single heir who will get 17" of the estate. -. If the decedent died *efore the 9amil% 3ode too6 effect -.called *asic legitime In most cases. child N 17) 1 illeg.SS alone in case of marriage in articulo mortis with the following requisites+ a. #$ceptions+ (1) Art. parents -. child -.

she is run o(er *% a *us and dies. 2. she will alwa%s get less than 17". After getting married. If onl% 2 renounces. 4his shows that it was not onl% for interest. in other cases.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM d. he could ha(e named other people. the ne$t in line will inherit equall% not *% (irtue of representation *ut *ec. 2alane+ 1. G 7 L M A 2 3 7L 7M L M e f gh i = a. the% will e$clude the more remote descendants. the% are the nearest relati(es in the descending line. #$ception to num*er & -. the testator was not gi(en a change to ma6e a will. e. grandchildren 0hen descendants1 a. to reward the other spouse.s wa% of showing its distaste to marriages for con(enience or for interest or gain.s proposal of marriage. )%e egiti!e of egiti!ate c%i dren and descendants consists of one+%a f of t%e %ereditary estate of t%e fat%er and of t%e !ot%er. 0h% descendants1 Rule+ . "nd. 4he doctor sends 2 to *u% the medicine. legitime will *e di(ided into " onl%. is rich and d%ing of AI S. If there are children. 0h%1 2ec. CCC. Is this the marriage in articulo mortis contemplated *% the &rd e$ception1 . 2 and 3 renounce.. #$ception to e$ception+ If the% ha(e li(ed together for at least ? %ears *efore the marriage. se$.earer e$cludes more remote. If A.It is the law. If there are legitimate children. She will get the whole estate.o. the% will get collecti(e legitime of 17" of the estate. 4he% get married in the hospital. 4he one who should die w7in & months should *e A for the e$ception to appl%. All children renounce. grandchildren will inherit *. Art. sub6ect to t%e rig%ts of i egiti!ate c%i dren and of t%e surviving s"ouse as %ereinafter "rovided. Since all renounce. marriage of origin (whether 1st. A lapses into a coma. 2.Applies onl% if the wife is (the) onl% compulsor% heir. )%e atter !ay free y dis"ose of t%e re!aining %a f. etc.s children cannot represent 'A<# A" . As 2 is crossing the street. Right of representation e$ists *. oes not also appl% to intestac% if the wife is the onl% intestate heir. A. In such a case. It does not sa% how the% will di(ide the legitime.ow that one is d%ing.) ".g. who has not li(ed w7 A. Rationale for the e$ception in num*er & -. Spouse who dies is the sic6 spouse #$ample. 3ommentators agree that the% will di(ide the 17" equall% regardless of age. A is the onl% compulsor% heir of 2. in the I3:. If gi(en a chance. accepts A. .

If A predeceases G.ua y bet$een bot% ines. .ua y9 if one of t%e "arents s%ou d %ave died.earer e$cludes the more remote. the legitime will *e shared *% the parents A and 2 *ec. i(ision *% (*etween the) lines -. the maternal and paternal lines (17) of estate each. Illustration+ A1 M 7 A M M J G ". Art. 4he estate will *e di(ided equall% *et.o representation in the ascending line. but is survived by ascendants of e.) a. *. t%e egiti!e s%a be divided e. 2alane+ Articles CCE and CED -. then it will go *% intestac%. . -ther half of the estate -.) Illustration (see illustration a*o(e. )%e egiti!e reserved for t%e egiti!ate "arents s%a be divided bet$een t%e! e. the nearest ascendants would *e the grandparents. &. Su*=ect to the free disposal of the testator. the nearer e$cludes the more remote. sub6ect to t%e rig%ts of i egiti!ate c%i dren and of t%e surviving s"ouse as %ereinafter "rovided. )%e c%i dren or descendants !ay free y dis"ose of t%e ot%er %a f. there will still *e equal di(ision *% lines./egitimate parents or ascendants alone -. i(ision *% line will appl%. If G dies.free portion. there is no right of representation in the ascending line. 2" N 17C. Art. A" N 17C. A. )%e egiti!e of egiti!ate "arents or ascendants consists of one+%a f of t%e %ereditary estates of t%eir c%i dren and descendants.ua degree of t%e "aterna and !aterna ines. 4hree rules+ 1. If A1 predeceases G. CC'. 2" N 17C *.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM him. 2 gets all. 'A<# A& . If t%e testator eaves neit%er fat%er nor !ot%er. If *oth parents predecease G. it s%a "ertain entire y to t%e ones nearest in degree of eit%er ine. 21 N 17C. 2oth lines get 17) of the estate each. 21 N 17C. A1 and A" will get nothing *ec. If not disposed of *% the testator. t%e $%o e s%a "ass to t%e survivor.17" of the estate. C'D. A" 21 2" M 7 2 7 7 7 a. /egitimes+ A" N 17). If t%e ascendants s%ou d be of different degrees.17" of legitime each to maternal and paternal (assuming that the nearest relati(es in *oth sides are of the same degree.) /egitimes+ A1 N 17C.

-4#+ If one of the parents.share equal to that of a leg. C':.disqualified to inherit from the innocent spouse. /egitime of Sur(i(ing spouse+ 1. children -. &. 4he parent would e$clude the grandparent. t%e egiti!e of t%e surviving s"ouse s%a be taEen fro! t%e "ortion t%at can be free y dis"osed of by t%e testator. Rules as to legitime of the sur(i(ing spouse if concurring w7 legitimate children.Iualified. it depends+ a. child -. 8ow far up do %ou go1 As far as possi*le as long as all lower ascendants are dead. Rule 1 would appl% where the nearer would e$clude the more remote. If guilt% spouse -. If (alid or (oida*le marriage -. t%e surviving s"ouse !ay in%erit if it $as t%e deceased $%o %ad given cause for t%e sa!e. Art.17" of estate shared equall% SS -. 3. 2. t%e $ido$ or $ido$er s%a be entit ed to one+ fourt% of t%e %ereditary estate.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM . If innocent spouse -. t%e surviving s"ouse s%a be entit ed to a "ortion e. is ali(e. 2alane+ A. #qual di(ision w7in the line. 2.s children N 171C per child 3 N 17@ > N 17@ 'A<# A) . either A or 2. di(ision *% line will not appl%. In case of a ega se"aration.17) of estate ".> (spouse) @ K J A 2 3 7L 7LM LM 1"&)?@A 1. If t%ere are t$o or !ore egiti!ate c%i dren or descendants. child. " or more leg.17" of estate SS -. 1 leg. If legall% separated.ua to t%e egiti!e of eac% of t%e egiti!ate c%i dren or descendants. Spouse ma% inherit. 5-r descendant5 (all portions are in relation to the whole estate unless otherwise pro(ided. 1. 4he law does not limit *ut nature does.not disqualified to inherit from the guilt% spouse *. In bot% cases.) Illustration+ G ----------. If on y one egiti!ate c%i d or descendant of t%e deceased survives. If 2 predeceases G A N 17@ 2. ".

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

". If 2 renounces

A N 17) 3 N 17) > N 17) 1 and " N 171" each &. ) and ? N 171C each @ and A N 171" each > N 17@

&. If A. 2 and 3 predecease --- representation

According to commentaries+ >;s share is *ased on what the children would ha(e recei(ed if the% were ali(e. ). If A. 2 and 3 renounce --- no representation legitime of 17" is di(ided equall% *etween the E grandchildren > N 1

According to 4olentino. > gets 17@. >;s share is *ased on the num*er of children. 4o allow >;s share to *e equal to a grandchild would gi(e the children the opportunit% to reduce the legitime of >. especiall% if > is onl% a stepmother. 4he pro*lem in this case is when 5or descendants5 will appl%. 4his issue is undecided. Art. C'8. If t%e testator eaves no egiti!ate descendants; but eaves egiti!ate ascendants; t%e surviving s"ouse s%a %ave a rig%t to one+fourt% of t%e %ereditary estate. )%is fourt% s%a be taEen fro! t%e free "ortion of t%e estate. 2alane+ 3om*ination+ /egitimate parents or ascendants -- 17" (di(ide according to Art. CCE and CED.) Spouse -- 17) 9ree portion -- 17) Art. C'>. If t%e testator eaves i egiti!ate c%i dren; t%e surviving s"ouse s%a be entit ed to one+t%ird of t%e %ereditary estate of t%e deceased and t%e i egiti!ate c%i dren to anot%er t%ird. )%e re!aining t%ird s%a be at t%e free dis"osa of t%e testator. 2alane+ 4his is one of the e$ceptions to the *asic rule of 17". Illeg. children -- 17& collecti(el% N di(ided depending if the decedent died *efore (? + )) or after (equal) the 9amil% 3ode. Sur(i(ing spouse -- 17& 9ree portion -- 17& Art. C'A. )%e egiti!e of eac% of t%e acEno$ edged natura c%i dren and eac% of t%e natura c%i dren by ega fiction s%a consist of one+%a f of t%e egiti!e of eac% of t%e egiti!ate c%i dren or descendants. )%e egiti!e of an i egiti!ate c%i d $%o is neit%er an acEno$ edged natura c%i d ; nor a natura c%i d by ega fiction; s%a be e,ua in every case to four+fift%s of t%e egiti!e

'A<# A?

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

of an acEno$ edged natura c%i d. )%e egiti!e of t%e i egiti!ate c%i dren s%a be taEen fro! t%e "ortion of t%e estate at t%e free dis"osa of t%e testator; "rovided t%at in no case s%a t%e tota egiti!e of suc% i egiti!ate c%i dren e?ceed t%at free "ortion; and t%at t%e egiti!e of t%e surviving s"ouse !ust first be fu y satisfied.
Art. &7(. I egiti!ate c%i dren s%a use t%e surna!e and s%a be under t%e "arenta aut%ority of t%eir !ot%er; and s%a be entit ed to su""ort in confor!ity $it% t%is code. )%e egiti!e of eac% i egiti!ate c%i d s%a consist of one+%a f of t%e egiti!e of a egiti!ate c%i d. .4a!i y Code./

2alane+ 1. /egitime of illeg. children affected *% the 9amil% 3ode. a. If *efore -- 1D + ? + ) *. If after -- " + 1 ". 3om*ination+ /eg. children -- 17" collecti(el% Illeg. children -- 17" of the share of a leg. child each SS -- share is equal to that of 1 leg. child. &. Illustration+ G---------> 7 L A 2 3 After the 9amil% 3ode. a. A 2 > 3 N N N N N 17) 17) 17) 17C 17C *. A 2 > 3 If there is a third illeg. child. # N 17) N 17) /egitime e$ceeds estate N 17) N 17C M N 17C Reduce proportionall% # N 17C 7 3 N 171" N 171" # N 171" Art. C'(. I egiti!ate c%i dren $%o !ay survive $it% egiti!ate "arents or ascendants of t%e deceased s%a be entit ed to one+fourt% of t%e %ereditary estate to be taEen fro! t%e "ortion at t%e free dis"osa of t%e testator. 2alane+ /eg. parents -- 17" di(ided according to Art. CCE and CED

'A<# A@

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

Illeg. children -- 17) collecti(el% di(ided according to whether decedent died *efore or after the 9amil% 3ode. Art. C'7. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate c%i dren or descendants; and acEno$ edged natura c%i dren; or natura c%i dren by ega fiction; suc% surviving s"ouse s%a be entit ed a "ortion e,ua to t%e egiti!e of eac% of t%e egiti!ate c%i dren $%ic% !ust be taEen fro! t%at "art of t%e estate $%ic% t%e testator can free y dis"ose of. 2alane+ 4his is a repetition of Art. CE?. Art. C'C. If t%e $ido$ or $ido$er survives $it% egiti!ate c%i dren or descendants; and $it% i egiti!ate c%i dren ot%er t%an acEno$ edged natura ; or natura c%i dren by ega fiction; t%e s%are of t%e surviving s"ouse s%a be t%e sa!e as t%at "rovided in t%e "receding artic e. 2alane+ 4his is the same as Art. CE?. 4he 93 has simplified this. Art. C''. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate "arents or ascendants and $it% i egiti!ate c%i dren; suc% surviving s"ouse s%a be entit ed to one+ eig%t% of t%e %ereditary estate of t%e deceased $%ic% !ust be taEen fro! t%e free "ortion; and t%e i egiti!ate c%i dren s%a be entit ed to one+fourt% of t%e estate $%ic% s%a be taEen a so fro! t%e dis"osab e "ortion. )%e testator !ay free y dis"ose of t%e re!aining one+ eig%t% of t%e estate. 2alane+ 4his shows how ar*itrar% legitime scheme is with regard to the sur(i(ing spouse. /eg. parents -- 17" di(ided according to Articles CCE and CED Illeg. children -- 17) di(ided depending on when the decedent died SS -- 17C 9ree portion -- 17C

Art. 'DD. If t%e on y survivor is t%e $ido$ or $ido$er; s%e or %e s%a be entit ed to one+%a f of t%e %ereditary estate of t%e deceased s"ouse; and t%e testator !ay free y dis"ose of t%e ot%er %a f. If t%e !arriage bet$een t%e surviving s"ouse and t%e testator $as so e!niHed in articulo mortis; and t%e testator died $it%in t%ree !ont%s fro! t%e ti!e of t%e !arriage; t%e egiti!e of t%e surviving s"ouse as t%e so e %eir s%a be one+t%ird of t%e %ereditary estate; e?ce"t $%en t%ey %ave been iving as %usband and $ife for !ore t%an five years. In t%e atter case; t%e egiti!e of t%e surviving s"ouse s%a be t%at s"ecified in t%e "receding "aragra"%. 2alane+ /egitime of sur(i(ing spouse when he7 she sur(i(es alone+ <eneral rule -- 17"! 9ree portion -- 17" #$ception -- Marriage in articulo mortis -- 17&! 9ree portion -- "7&

'A<# AA

If on y t%e $ido$ or $ido$er survives $it% "arents of t%e i egiti!ate c%i d. 0ho will inherit and not inherit when G dies1 A1 can inherit from G *% representation. 0ho can G inherit from1 a1 dies -. A is legitimate while 2 is illeg. 4he law is silent on this. a leg. t%e egiti!e of t%e "arents is one+ fourt% of t%e %ereditary estate of t%e c%i d. (Art. ". child.:n6nown. 2 left *1. EE" *" dies -. ED") read with Art. 'reference is gi(en to *astard children of *astard children as compared to *astard children of legitimate children. child and a". an illeg. )%e rig%ts of i egiti!ate c%i dren set fort% in t%e "receding artic es are trans!itted u"on t%eir deat% to t%eir descendants. *1 dies -. a leg. A" cannot inherit from G in either intestate or compulsor% succession *ecause of Art. children -. 'D&. Art. 2alane+ Illeg. t%e "arents are not entit ed to any egiti!e $%atsoever. EE" puts a premium on *astardness. nor i egiti!ate c%i dren.G can inherit. If *oth A and 2 are dead. EE" w7c pro(ides that an illegitimate cannot inherit ab intestado from the legitimate relati(es of the father or mother and (ice-(ersa 4his results in inconsistenc% and unfairness. In illegitimac%. 'D8. and t%at of t%e surviving s"ouse a so one+fourt% of t%e estate. $%et%er egiti!ate or i egiti!ate. If on y egiti!ate or i egiti!ate c%i dren are eft. nor a surviving s"ouse. %ou cannot go *e%ond the parent in representation. 2%en t%e testator dies eaving i egiti!ate c%i dren and no ot%er co!"u sory %eirs. 'D:.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. A left a1. an illeg.G cannot inherit. 2alane+ Illustration+ G 7 A 2 @J @ a1 a" *1 *" 1. $%en suc% c%i d eaves neit%er egiti!ate descendants. is one+ %a f of t%e %ereditary estate of suc% i egiti!ate c%i d.G cannot inherit *ecause of Art. suc% i egiti!ate c%i dren s%a %ave a rig%t to one+%a f of t%e %ereditary estate of t%e deceased. )%e ot%er %a f s%a be at t%e free dis"osa of t%e testator.) Art. child. a" dies -. 2oth A and 2 predeceased G. child and *". 2alane+ 4here are " com*inations+ 'A<# AC . )%e egiti!e of t%e "arents $%o %ave an i egiti!ate c%i d.17" di(ided either equall% (decedent died after the 93) or ? + ) (decedent died *efore the 93.

-. onl% reser#a troncal remains. parents -- 17" does not go *e%ond illeg.Rules of 3ourt Reser(ations. E@C.5lineal. C'&. -nl% leg. Troncal -.'ropert% goes *ac6 to the person from whom it came.uired by gratuitous tit e fro! anot%er ascendant.&R (Reser#ista. An% 6ind of children e$clude illeg.4he purpose of reser#a troncal is to return the propert% to where it originated and from where it stra%ed due to the accident of marriage. In the floor of 3ongress. /egal -. parents -."' (Prepositus) --.uired by o"eration of a$ for t%e benefit of re atives $%o are $it%in t%e t%ird degree and $%o be ong to t%e ine fro! $%ic% said "ro"erty ca!e. 9iudal -. 1MS M M &R 7 M 7 M M 7 M "' )R 1MS (Mediate Source) ---. ' @1& re(i(ed re#ersion adopti#a.'ropert% set aside for a group of people who are limited to persons related from whom it came Re#ersiones. is ob iged to reserve suc% "ro"erty as %e !ay %ave ac. Adoption -. C1" ".gratuitous title ---.5 Art. 2alane+ 8istor% of Reser#a Troncal+ In the old law. Art. . )%e ascendant $%o in%erits fro! %is descendant any "ro"erty $%ic% t%e atter !ay %ave ac. C11 of the -33 In addition+ Re#ersiones 1.+. ". #eserva Troncal. Art. 2ut this was eliminated *% the 9amil% 3ode.-.5 5e$traordinaria. Illeg.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1. or a brot%er or sister. and CED.depending on who is left Rules+ a. reser#ees) I. reser#er) --.none /eg. 'urpose of Reser#a Troncal <onBales (.5 5familial. -33 ".Art. children. 39I.*% operation of law --. or illeg. children -.ow. there were " reser(ations+ 1.)R $Reser#atorios. 4he 3ode 3ommission a*olished all ). children e$clude leg. parents unli6e Articles CEE Illeg. there was a last minute amendment to include reser#a troncal. parents *. In 1E@&. 5Accident5 here means 'A<# AE .5ordinaria5.

". this will not appl% *ut will go to legitimate descendants. propert% goes to A. 4here are relati(es w7in the third degree *elonging to the line from w7c said propert% came.s famil%.applies onl% if one got it from an ascendant! *ut what if one got it from a *rother! it should ha(e *een 5*% a person or indi(idual5 ".> L A 'ropert% from G. G dies. aristocratic.-. A dies. :nderl%ing philosoph% is *ad-. 4he propert% was acquired *% a person from an ascendant of from a *rother or sister *% gratuitous title.'ropert% should sta% w7 the famil% *ecause it has sta%ed w7 them for so long and marriage should not *e allowed to cause that propert% to lea(e that famil%. *. If w7 legitimate issue. #. If w7 legitimate issue *ut the% all renounce. 5-peration of law5 means legal or compulsor% succession.g. It impairs the free circulation of propert% *.s famil%.-. 4he propert% is inherited *% another ascendant *% operation of law. &. :nderl%ing concept. the indi(idual dies as if there was no legitimate issue &. ). 5descendant5 -. 'A<# CD . 5Issue5 here means children or descendants. 1. ". 4he propert% ma% end up w7 >. G ---------. 4his is not good a. Said person died without legitimate issue. Requisites 3hua (. 4o pre(ent the propert% from lea(ing the famil% through the accident of marriage.. Indi(idual died without legitimate issue. 9eudal a.1. propert% goes to >.outdated. 3omments+ 1. 39I.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM unforeseen de(elopment. II.

either+ 3hua (. -f right of the reser#ista o(er the reser(ed propert%. it is gratuitous.. 1MS M A M &R 7 M 2 7 M 3 M 7 "' )R M 1.s ownership is su*=ect to the same resolutor% condition.either onl% an+ (1) (") ascendant M -of "' *rother or sister 7 (1) donation (") succession *. &.s death. .-.s right is su*=ect to a resolutor% condition which is that the reser#atorios e$ist at the time of the reser(ista.coming from the same seed! later came to mean 'A<# C1 .-.s right o(er the propert% is that of ownership *.A4:R# 1. MS -. 5I gi(e %ou m% house pro(ided %ou pa% the mortgage. #(en if the 3ourt ordered the heirs to pa% Standard -il.s 39I. Reser(ista. #droso (."' a.g. #. MS to ' -.*% gratuitous title -. If the e$pense or charge is =ust incidental. 3 N &R -.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM III.s right of ownership is registra*le.&R -peration of law+ (a) compulsor% succession (*) intestate succession 3annot *e *%+ (a) testate succession (*) donation Reser#a troncal commences at this point. Reser(ista. If there are. it is still gratuitous.5 4his is still gratuitous *ut %ou su*tract the (alue of what %ou paid. 4he *u%er.)R 4his is a consequence of reser#a troncal 4his occurs when the reser#ista dies Reser#a troncal ends here. c. IH. S5:ncle <erman+ -. Sa*lan. the reser(ista.s right terminates and the propert% will pass to the reser#atorios. A N 1MS -. d. Reser(ista. Reser(ista.a. it is still considered gratuitous.s ownership is aliena*le *ut su*=ect to the same resolutor% condition.5germanus5 -. 2 N "' -. 'R-3#SS.As long as the transmission to the heir is free from an% condition imposed *% the deceased himself and the propert% is gi(en out of pure generosit%. ".

It must *e annotated at the *ac6 of the title to protect the reser#atorios from innocent purchasers for (alue. there is no pro*lem.5 According to the Sienes case. #rrors in the case+ 1. 0h%1 4he purpose of the law is not onl% to *ring *ac6 the propert% to the line (curati(e) *ut also to pre(ent it from lea(ing the famil%.Reser#a troncal applies onl% to half *lood *rothers and sisters. Manresa.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 5*rother. (i) If half *lood.-. *. 8ow will %ou what line it came from1 F2/ Re%es. Mediate Source. a. 4he right of e$pectanc% is registra*le. #sparcia.#ither an ascendant or a *rother or sister of the prepositus. there is a pro*lem. 4he e$pectanc% is su*=ect to a suspensi(e condition which is that the reser(atorio is ali(e at the time the reser#ista dies c. 4he law does not distinguish. Sienes (.-. If ascendant.5 It should read 5suspensi(e condition.5 ". 0hat line do %ou appl% it to1 >ou cannot appl% it to either line as long as it is within the third degree. no pro*lem.-. *. the e$pectanc% can *e alienated. the death of the reser#ista is a term.-. If *rother or sister and full or half *lood.5 H. It should *e the 5right of (the) reser#atorio is su*=ect to a suspensi(e condition.5 -(a) death of the reser#ista! and (*) sur(i(al or reser#atorio 8owe(er.It should appl% regardless of whether it is of full or half *lood. >ou 6now what line the propert% came from. >ou cannot determine the line if it is of full *lood. (ii) If full *lood. A. supra.a. -f right of the reser#atorios o(er the reser(ed propert%. which is correct. 4he case said the 5right of reser#ista is su*=ect to a dou*le resolutor% condition. 'A<# C" . 1. 4he case said that 5alienation *% (the) reser#atorios is su*=ect to a resolutor% condition. 4he right of e$pectanc% can *e alienated *ut it will *e su*=ect to the same suspensi(e condition d. >ou 6now from what line the propert% came from. Reser(atorious right o(er the propert% during the life of the reser(ista is a mere e$pectanc%. ". 'AR4I#S.5T #rror in the case+ 4he case said 5reser#atorios cannot dispose of the e$pectanc%. 9our 'arties..

) ". &. 8e is the central figure in the reser#a troncal *ecause+ a. ".ote+ 4here is no reser#a troncal %et while the propert% is in the hands of the prepositus. >es. *. de(ise. <i(e it to an ascendant *% donation.3 &R -.. retro. A----------2 7 M G > > to G.-.5 8e must *e another ascendant other than the mediate source if the mediate source is an ascendant. 4here is no requirement in Art CE1 that the 1MS and &R must *elong to different lines. 3 dies and it goes to A. 4he propert% ne(er left the line.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM #. Reser#ista-. G----------> L A----------2 L 3 G donates to 3. 8ow1 1. 4he propert% is lost. 2 remarries. 4his is the (iew accepted *% the ma=orit% of commentators. Prepositus. or *rother or sister of the mediate source. ". legac% or testamentar% succession. he *ecomes the a*solute owner. A is dead.g. 8e is *ound *% the o*ligations. G dies.s (iew is the accepted (iew. 8e can pre(ent reser(a troncal from happening. Reser#a troncal *egins once the reser#ista inherits the propert%. 2% selling it. . Manresa. so the propert% goes to 2. 8e is the *asis or point of reference for the third degree relationship.g.called 5ascendant reser(ista.A 1 Is there reser#a troncal1 1. At the time he recei(es the propert%. . 1MS -. 'A<# C& .o.#ither a descendant. 8ow1 2% pre(enting it from going to an ascendant *% operation of law.G "' -. ispose of a potentiall% free portion propert% (e(en *% pacto de I+ Must the ascendant-reser#ista *elong to a line similar to the mediate source or should he *e from a different line1 #.

!s long as you belong to the class when the reser#ista dies.) #.-. (According to commentators.*lood relation 'A<# C) . Bec. 8owe(er. Representation in fa(or or nieces for predeceased *rother c. Reser(ation. It is not required that reser(atorios *e li(ing at the time of the prepositus. Reser#atorio ++ Reser#ista Mediate Source -.g. Requirements+ 1.Appl% the rules in intestate succession+ a. when it did not distinguish *etween full and half *lood nephews and nieces.descendant .class or group a.Prepositus-. 8owe(er. . then %ou are a reser#atorio. Must *e related *% *lood to the mediate source. &.o.. Is A1 a reser#atorio1 9ollowing the & requisites+ 1. 4hree relationships 1. c. :pon A.ascendant or *rother or sister ". death *ut required to *e ali(e at the time of the death of the reser(ista.earer e$cludes the more remote. *. 2.-. Prepositus.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ). Reser#atorios -. howe(er.++ Reser#ista -.-. 2aldo(ina. 9lorentino (.Representation onl% in fa(or of nephews and nieces of deceased *rothers and sisters of the prepositus. there is no representation in the case *ec. . A1 is not related *% *lood to the mediate source. there are no other *rothers. :hy. ". *. 'roportion of " + 1 *etween full and half *lood nephews and *rothers. ". the propert% is transmitted to 21. the ratio of " + 1 is maintained. 4he case is wrong.in fa(or of a class.s death.-. reser#ation is in fa#or of a class. Mediate Source. 8ow do the% inherit w7in the class1 'adura (. A----------A1 L 2----------21 (Reser#ista) L 3 (Prepositus) 2 died. 9lorentino. 3 inherits from A.ascendant relationship &. Must *e from the line from w7c the propert% came &.s death. :pon 3. Must *e w7in the third degree from the prepositus. >es. >es.

Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Prepositus -. In mone%. there is no o*ligation to reser(e.ima (ma$imum operation of reser#a troncal) -. A. what is reser(ed1 4he land from MS is reser(ed. the (alue of the mone% can *e reser(ed.can *e reser(ed /and su*sequentl% acquired -. ). If ' had no will and the land is the onl% propert% in his estate. what is reser(ed1 4he whole land. If with a will that said 5I gi(e the free portion to m% mother. can it *e reser(ed1 >es. *ut this time ' died w7 a will stating 5I gi(e the free portion to m% mother. 4wo theories+ a. 1. R is the morther of '. As such.5 0hat is reser(ed1 . Same as num*er &.fit as 'A<# C? . ". 0hat 6ind of propert%1 An% 6ind.5 what is reser(ed1 -nehalf (17") of the land.ote+ 17" to R as legitime 17" to R *% intestac%. If ' acquired another piece of land worth '1DD.cannot *e reser(ed.DDD 17" to R *% will N '1DD."' and from ' -. 2. this requirement punishes legitimate relations *ec. if the relation is illegitimate. Special 'ro*lems MS R M 7 ' MS dontes a piece of land to ' worth '1DD. the propert% is the purchasing power and not the *ills.) &.R must *e the same. 0hat a*out mone%. IH.DDD /and from MS -. as long as it is the same propert%. . 'R-'#R4>. propert% from 1MS --.DDD *efore he died and he did not ha(e a will.within the &rd degree All relationship must *e legitimate. whether real or personal.ote+ 17" to R as legitime 17" to R *% will 0hat is reser(ed is what R recei(ed as legitime (transferred *% operation of law.DDD. . Reser#a ma.ote+ 17" to R as legitime N '1DD. In order for reser#a troncal to e$ist. In effect. ' then dies w7o legitimate issue.

Reser#a minima (followed *% most commentators) -. If the land from MS is 1DD. RI<84S A. HI. 4he reser#atorios get the propert%.C71D of land from MS is reser(a*le *. and ' died w7o a will. *. It is a 6ind of 'A<# C@ . ?. shall form part of the estate of the reser#ista. the whole land from MS is reser(a*le. 4o demand in(entor% and appraisal ". 4o annotate reser(a*le character of proper. 4o gi(e scurit%7 *ond Suma%a (. ' made a will instituting the reser#ista to part of the estate. HIII. Rights of Reser#atorio 1. what is reser(ed1 .DDD a. If there are no reser#atorios.0hole land from MS is reser(a*le *.o more reser#a troncal. Reser#a ma.DDD 17" *% intestac% N CD.ima .DDD 17) *% will N )D. w7in ED da%s &. Reser#a -inima . 4o in(entor% and appraise ". 17" will pass as legitime and 17" *% will for *oth pieces of land N 17" of land from MS is reser(a*le. the prop..Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM much of reser(a*le propert% as %ou can in the 17" *% legitime.ote+ 17" as legitime N CD.&7) of land from MS is reser(a*le /oo6 at how much passes *% operation of law. In the e$ample.It is =urisprudence onl% that states that there is an o*ligation to annotate. 4he other rights e$ist *% analog% from the -ld 3ode wherein similar rights e$isted for reser#a #iudal.#(er% item will pass according to ratios of the properties.DDD.5 0hat is reser(ed1 . In the e$ample. Reser#a minima -.S -9 48# 'AR4I#S. -2/I<A4I-. eath of reser#ista -.ote+ 17" as legitime N CD. Same as num*er @ *ut ' had a will stating 5I *equeath 17) of m% estate to m% mother.DDD &7) *% ope7 ration of law a. IA3 -. ". 4o demand annotation of reser(a*le character of the prop. #$tinguishment 1.ima -.17" of the land from MS is reser(a*le @. 4o demand securit%7 *ond -*ligations of Reser#ista 1. &. ' dies lea(ing propert% he got from MS *% gratuitous title and other propert% from other sources. 4his arises onl% if+ 1.DDDM 17) *% intestac% N )D. Reser#a -a.DDD and the land su*sequentl% acquired is @D.

3ano (. Art. 4he principle is that the testator has no power o(er the legitime #$ceptions+ a.4he testator cannot depri(e his compulsor% heirs of their legitime. CE1. #$tincti(e prescription -. 0ai(er *% all the reser#atorios pro(ided no reser(atorio is su*sequentl% *orn -.-. reser#atorios ma% enter a claim to e$clude the prop. or substitution of any Eind $%atsoever. A. )%e testator cannot de"rive %is co!"u sory %eirs of t%eir egiti!e. Art.-.-. from the in(entor%. irector -.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM dela%ed succession (F2/ Re%es) from the prepositus. If the loss was due to the fault of the reser#ista. Registration of the prop.-.4en (1D) %ears. ?. Art. encu!brance.Reser#a troncal. under the 4orrens s%stem *% an innocent purchaser for (alue wherein the reser(a*le character of the prop. is not annotated on the title -. *ecomes a*solute and unconditional. he will preterit them or disinherit them ineffecti(el%. then merger ta6es place onl% w7 regard to that share. &. howe(er.-.-. 8owe(er. ".See Art. C@) and CA". does not form part of the reser#ista's estate if there are reser#atorios ".Reser#ista can alienate -. Neit%er can %e i!"ose u"on t%e sa!e any burden.4his is a tentati(e e$tinguishment *ec. 4he reser#ista. is lia*le for the (alue of the prop. 1DC&. 'ar. @.'artition inter #i#os of will c. 1. Merger -. Art. 9ortuitous loss of the reser(ed prop. 1DCD. condition. 2alane+ 'ar. e?ce"t in cases e?"ress y s"ecified by a$. this is usuall% consolidated w7 the settlement proceedings.Reser#ista's title to the prop.4he reser(ed prop. 'D>. "&C.*ut must *e to all the reser#atorios or if onl% to one.Indi(ision for "D %ears d. Reser#atorios can also file an accion rei#indicatoria. *. ). the securit% will answer for the propert%. A wai(er is personal. Art. plus damages. -therwise. or openl% denies the reser#a.9amil% home-. 'A<# CA .not reall% an e$tinguishment *ut more of a freeing of the prop. In settlement proceedings of the estate of the reser#ista. eath of all the reser#atorios -. those su*sequentl% *orn cannot *e *ound *% the wai(er.reser#ista ad(ersel% occupies the prop.

". 4he agreement is (oid under Art. (It also co(ers) donation inter #i#os which are considered ad(ances on the legitime. 'D(. If the agreement is *etween the heir and his *rother that he will wai(e his legitime in fa(or of his *rother. deducting a debts and c%arges. Relate his also to Art. Art. 1. 'DC.s death1 . 4his is not a case of collation *ec. Any co!"u sory %eir to $%o! t%e testator %as eft any tit e ess t%an t%e egiti!e be onging to %i! !ay de!and t%at t%e sa!e be fu y satisfied. ED? prohi*its an% contract or agreement *etween the predecessor and the successor.5 4wo (iews+ a. Relate this pro(ision to Articles EDE and E1D. s%a be added t%e va ue of a donations by t%e testator t%at are sub6ect to co ation. AAA. insofar as t%ey !ay be inofficious or e?cessive.4he heir should return mone% to his *rother as a matter of equit%. the same principle applied in Art. t%e va ue of t%e "ro"erty eft at t%e deat% of t%e testator s%a be considered. Art. 'A<# CC . 4he% should *e left as the% are. 1D11. 'D7. the mone% was not recei(ed from the decedent. Art. can he later claim his legitime after their father. Mone% recei(ed *% the compulsor% heir (is) considered as ad(ance on his legitime. )o deter!ine t%e egiti!e. 2alane+ 52% an% title5 means *% gratuitous title.-. )esta!entary dis"ositions t%at i!"air or di!inis% t%e egiti!e of t%e co!"u sory %eirs s%a be reduced on "etition of t%e sa!e. Art. 'DA. the% are in pari delicto. 2alane+ Relate this pro(ision to Art. o not return the mone% *ec. #(en if there is an agreement. at t%e ti!e %e !ade t%e!. 1&)A that 5.o contract ma% *e entered into upon future inheritance e$cept in cases e$pressl% authoriBed *% law. )o t%e net va ue of t%e %ereditary estate. and t%e atter !ay c ai! t%e sa!e u"on t%e deat% of t%e for!er9 but t%ey !ust bring to co ation $%atever t%ey !ay %ave received by virtue of t%e renunciation or co!"ro!ise. 2alane+ 4his is the prodigal son pro(ision.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art.o. 4he reason is that the right of the compulsor% heirs is onl% inchoate. 4olentino. $%ic% s%a not inc ude t%ose i!"osed in t%e $i . Every renunciation or co!"ro!ise as regards a future egiti!e bet$een t%e "erson o$ing it and %is co!"u sory %eirs is void. the same is not *inding and the heir can still get his legitime minus the ad(ance. 1D@" where the testator e$presses otherwise for purposes of collation onl% and not preterition. *.

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

2alane+ 8ow to compute the net estate+ 1. In(entor% all gross assets. ". educt unpaid de*ts from the gross assets since the de*ts of the decedent are to *e paid *% his estate. <ross assets - e*ts N A(aila*le assets. &. Add donations inter #i#os made *% the decedent to an%one. 4he (alue of the donated propert% is to *e ascertained at the time the donation was made. An% change in the (alue is for the account of the donee-owner. A(aila*le assets O onations N ,et 8ereditar% #state. L 4he *asis for computing the legitime <ross Assets -utstanding de*ts A(aila*le assets onation to eldest son KEE1 stoc6 to *rother onation to daughter ,et #state If there are & children - legitime N Spouse - legitime N ?DD.DDD. '".?DD.DDD ?DD.DDD ".DDD.DDD O &DD.DDD O ?DD.DDD O "DD.DDD '&.DDD.DDD 1.?DD.DDD ?DD.DDD each.

Art. 'D'. *onations given to c%i dren s%a be c%arged to t%eir egiti!e. *onations !ade to strangers s%a be c%arged to t%at "art of t%e estate of $%ic% t%e testator cou d %ave dis"osed by %is ast $i . Insofar as t%ey !ay be inofficious or !ay e?ceed t%e dis"osab e "ortion; t%ey s%a be reduced according to t%e ru es estab is%ed by t%is Code.

Art. '&D. *onations $%ic% an i egiti!ate c%i dI !ay %ave received during t%e ifeti!e of %is fat%er or !ot%er; s%a be c%arged to %is egiti!e. S%ou d t%ey e?ceed t%e "ortion t%at can be free y dis"osed of; t%ey s%a be reduced in t%e !anner "rescribed by t%is Code. 2alane+ Articles EDE and E1D are ta6en together. A. 1. onation to child. whether legitimate or illegitimate onation to parents or ascendants (Art. 1D@".)

'A<# CE

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

<eneral rule+ 3harged to the legitime #$ception+ If the testator pro(ides otherwise. (Art. 1D@".) ". onation to spouse <eneral rule+ ,ot allowed. #$ception+ <ifts of moderate (alue! treat the same as a donation to a compulsor% heir. &. onation to a stranger -- charged to the free portion.

2. 3ollation (Art. 1D@1.) 1. 4hree senses a. 3omputation.-- Art. EDC. par. " *. Imputation.-- Articles EDE and E1D. c. Reduction7 return.-- Articles E11 to E1&. ". #$ample. G ---------------L L L + A 2 3 <ross #state /ess+ e*ts A(aila*le assets Add+ onations+ 1ECA to A 1ECE to M 1EE1 to ,et 8ereditar% #state /egtimes + onation Ad(ance on /egitime 1?.DDD D D )D.DDD + AD.DDD &?.DDD &?.DDD 1?.DDD &D.DDD )D.DDD 1"D.DDD /ac6 _______

A 2 3

"D.DDD "D.DDD "D.DDD 1D.DDD

?.DDD "D.DDD "D.DDD (&D.DDD)

')?.DDD is needed to compl% w7 the legitime *ut (we) onl% ha(e &?.DDD a(aila*le assets. So we need 1D.DDD. Reduce the donations. a. *. c. onation to 2 is considered as donation to a stranger as far as the &D.DDD is concerned onation to M is a donation to a stranger onation to A is not su*=ect to reduction

'A<# ED

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

4he first to *ear the reduction is the donation to . so deduct 1D.DDD from him A N "D.DDD 2 N "D.DDD 3 N "D.DDD N &D.DDD M N &D.DDD

Art. '&&. After t%e egiti!e %as been deter!ined in accordance $it% t%e t%ree "receding artic es; t%e reduction s%a be !ade as fo o$s: .&/ *onations s%a be res"ected as ong as t%e egiti!e can be covered; reducing or annu ing; if necessary; t%e devise or egacies !ade in t%e $i 9 .:/ )%e reduction of t%e devises or egacies s%a be pro rata; $it%out any distinction $%atever. If t%e testator %as directed t%at a certain devise or egacy be "aid in "reference to ot%ers; it s%a not suffer any reduction unti t%e atter %ave been a"" ied in fu to t%e "ay!ent of t%e egiti!e. .8/ If t%e devise or egacy consists of a usufruct or ife annuity; $%ose va ue !ay be considered greater t%an t%at of t%e dis"osab e "ortion; t%e co!"u sory %eirs !ay c%oose bet$een co!" ying $it% t%e testa!entary "rovision and de ivering to t%e devisee or egatee t%e "art of t%e in%eritance of $%ic% t%e testator cou d free y dis"ose. 2alane+ -rder of reduction 1. /egacies and de(ises. (Art. EDA.) <eneral rule+ 'ro-rata. #$ception+ 'referred ones as stated *% the testator will *e the last to *e reduced among the de(ises and legacies if still needed. ". Reduce donations to strangers. Rule+ Most recent donation to *e reduced first (earlier donations are preferred.) See Art. AA&. ,33. ,ote+ 1 and " will *e reduced e(en up to D as long as needed. &. Reduce the share of illegitimate children.
Art. 'AD. If t%e estate s%ou d not be sufficient to cover a t%e egacies or devises; t%eir "ay!ent s%a be !ade in t%e fo o$ing order: .&/ Re!uneratory egacies or devises9 .:/ Legacies or devises dec ared by t%e testator to be "referentia 9 .8/ Legacies for su""ort9 .>/ Legacies for education9

'A<# E1

t apologiBe. Art. Art. $%ic% cannot be convenient y divided. A*solute or unconditional (not 5if he doesn. t%e "ro"erty s%a be so d at "ub ic auction at t%e instance of any one of t%e interested "arties. @. If t%e %eirs or devisees do not c%oose to avai t%e!se ves of t%e rig%t granted by t%e "receding artic e. If t%e devise sub6ect to reduction s%ou d consist of rea "ro"erty. A co!"u sory %eir !ay. 'A<# E" . '&7. Art. "rovided its va ue does not e?ceed t%at of t%e dis"osab e "ortion and of t%e s%are "ertaining to %i! as egiti!e. )%e testator !ay devise and be. #$pressl% made ?. it s%a go to t%e devisee if t%e reduction does not absorb one+%a f of its va ue9 and in a contrary case. '&8. '&:. be de"rived of %is egiti!e. it must *e pro(ed to *e true (proponent of disinheritance has the *urden of proof.) ).) Art. Requisites+ 1. Art. Identit% of the heir is clearl% esta*lished &. 2alane+ A compulsor% heir cannot depri(e his compulsor% heir of his legitime unless e$pressl% pro(ided *% law. *isin%eritance can be effected on y t%roug% a $i $%erein t%e ega cause t%erefor s%a be s"ecified. to t%e co!"u sory %eirs9 but t%e for!er and t%e atter s%a rei!burse eac% ot%er in cas% for $%at res"ective y be ongs to t%e!.uence of disin%eritance. (Art. 4he law e$pressl% pro(ides onl% one wa%. Art. )%e burden of "roving t%e trut% of t%e cause for disin%eritance s%a rest u"on t%e ot%er %eirs of t%e testator. '&A. '&>. for causes e?"ress y stated by a$. '&(. )%e devisee $%o is entit ed to a egiti!e !ay retain t%e entire "ro"erty. 3ause must *e true and if challenged *% the heir. any %eir or devisee $%o did not %ave suc% rig%t !ay e?ercise it9 s%ou d t%e atter not !aEe use of it.(/ A ot%ers "ro rata. (alid disinheritance. deter!inate t%ing $%ic% for!s "art of t%e estate9 .++ $isinheritance. Section (.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM . Made in a (alid will. E1@.) ". in conse. 3ause stated in the will.A/ Legacies or devises of a s"ecific. 4otal C. 9or a legal cause.ueat% t%e free "ortion as %e !ay dee! fit.5) A. (Articles E1E to E"1. if t%e disin%erited %eir s%ou d deny it.

<rounds+ 1. *.A/ A refusa $it%out 6ustifiab e cause to su""ort t%e "arent or ascendant $%o disin%erits suc% c%i d or descendant9 . %is or %er s"ouse. ". or for a cause t%e trut% of $%ic%. &. A) which has the same effect as disinheritance. or ascendants9 . the ascendant cannot disinherit *ecause the accusation is not groundless. #lements+ a. remarries someone %oung and %ou ha(e an affair with that person.the freedom depri(ed *% the child or descendant. inti!idation. Imprisonment of more than si$ (@) %ears c.&/ 2%en a c%i d or descendant %as been found gui ty of an atte!"t against t%e ife of t%e testator.7/ 2%en a c%i d or descendant eads a dis%onorab e or disgracefu ife9 .4his goes into the (er% essence of will-ma6ing-. 0hen %our parent ). how can he ma6e a will of disinheritance1 're(ention is a ground for unworthiness (Art. 'A<# E& . Accusation. '&C.-.4his needs con(iction. if t%e accusation %as been found ground ess9 . etc.-. intimidation or undue influence as regards the will. by t%e c%i d or descendants9 .g. 9raud. Accusation is groundless. )%e fo o$ing s%a be sufficient causes for t%e disin%eritance of c%i dren and descendants. It does not mention pre(ent *ecause if he was pre(ented.>/ 2%en a c%i d or descendant by fraud.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. #. vio ence. Art.. 1D&".C/ Conviction of a cri!e $%ic% carries $it% it t%e "ena ty of civi interdiction. Adulter% and concu*inage. '&'. is not "roved.-. Accusation is a generic term which includes+ (i) filing of an information! (ii) presenting incriminating e(idence! (iii) acting as a witness against the ascendant. descendants. s%a annu t%e institution of %eirs insofar as it !ay "re6udice t%e "erson disin%erited9 but t%e devises and egacies and ot%er testa!entary dis"ositions s%a be va id to suc% e?tent as $i not i!"air t%e egiti!e.-. if contradicted. If the ascendant was acquitted on reasona*le dou*t. (iolence. *isin%eritance $it%out a s"ecification of t%e cause. Attempt against the life. Intent to 6ill must *e present. or undue inf uence causes t%e testator to !aEe a $i or to c%ange one a ready !ade9 . or $%ic% is not one of t%ose set fort% in t%is Code.:/ 2%en a c%i d or descendant %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore.8/ 2%en a c%i d or descendant %as been convicted of adu tery or concubinage $it% t%e s"ouse of t%e testator9 . whether frustrated or consummated. par.(/ #a treat!ent of t%e testator by $ord or deed. egiti!ate as $e as i egiti!ate: . 5Attempt5 is a generic term which includes all 6inds of commission.Ascendant is acquitted on the finding that+ (i) there is no crime! or (ii) that the ascendant did not commit it.9inal con(iction is necessar%. 2alane+ 4his is an e$clusi(e list and not illustrati(e.

-. 4he son shoots his father.(/ )%e oss of "arenta aut%ority for causes s"ecified in t%is Code9 . Refusal to support without =ustifia*le cause. )%e fo o$ing s%a be sufficient causes for t%e disin%eritance of "arents or ascendants. 3i(il Interdiction. It is possi*le for an act not to fall in num*er 1 *ut to fall in num*er @.. #numerates & grounds+ a. or undue inf uence causes t%e testator to !aEe a $i or to c%ange one a ready !ade9 .3on(iction is required.-.An% case where a parent. E1E. descendants. /ea(ing someone at the doorstep.-.&/ 2%en t%e "arents %ave abandoned t%eir c%i dren or induced t%eir daug%ters to ive a corru"t or i!!ora ife. is not a ground! it must *e un=ustified. 'A<# E) . #. ? and A are the same as the grounds in Art.g. itself. un ess t%ere %as been a reconci iation bet$een t%e!. 4he father is wounded *ut he reco(ers.-. A person must support his wife and children first. E. So. vio ence. . In the 93. #. 4here is here a =ustified refusal. alcoholic.-. A*andonment *% parent of his children. 2alane+ . or ascendants9 . 4his ma% *e pro(en *% preponderance of e(idence. /eads a dishonora*le life. drug addict. there is an order of preference for support. Maltreatment. #.4his is a catch-all pro(ision. Art. without =ustifia*le cause.7/ )%e refusa to su""ort t%e c%i dren or descendants $it%out 6ustifiab e cause9 . inti!idation. ".o con(iction is required as compared to num*er 1 wherein con(iction is needed.g..>/ 2%en t%e "arent or ascendant %as been convicted of adu tery or concubinage $it% t%e s"ouse of t%e testator9 . or atte!"ted against t%eir virtue9 .. #.C/ An atte!"t by one of t%e "arents against t%e ife of t%e ot%er.g. withholds his care. %is or %er s"ouse. & and E.In a*andonment. @./ea(ing them alone while still children under circumstances that would endanger them.:/ 2%en t%e "arent or ascendant %as been convicted of an atte!"t against t%e ife of t%e testator.otes+ 3on(iction is required in num*ers 1. A. 4he father does not want a scandal so he does not file charges against his son.-.Refusal. he disinherits his son not under num*er 1 *ut under no.g.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ?.-.A/ 2%en t%e "arent or ascendant by fraud. 5/eads5 denotes ha*itualit%. <rounds+ 1. Strict. ishonora*le and disgraceful are *ased on the sense of the communit% as percei(ed *% the =udge. ':D.. if t%e accusation %as been found to be fa se9 . 4he person ma% *e willing to support *ut it is not economicall% feasi*le. $%et%er egiti!ate or i egiti!ate: . Accessor% penalt% that goes w7 the principal penalt% of reclusion temporal and up.8/ 2%en t%e "arent or ascendant %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore. Accepted. It is not limited to se$ual immoralit%. there are two (") (iews+ 1.um*ers ". @..

(/ Un6ustifiab e refusa to su""ort t%e c%i dren or t%e ot%er s"ouse. and renders ineffectua any disin%eritance t%at !ay %ave been !ade. 2ut what if alread% disinherited *efore reconciliation1 4his is not clear. con(iction is not required. "&D and "&1 of 93. #$ception+ Adoption. inti!idation. in case of dou*t. A subse. &. If there is legal separation. E"D onl%. Art. %is or %er descendants.Mere attempt is enough as long as it can *e pro(en.s (is-U-(is descendants. 4he onl% new ground is num*er )+ /egal separation is not a ground. resol(e against disinheritance. Reconciliation. 2ut it should *e considered re(o6ed *ec. age of ma=orit%.:/ 2%en t%e s"ouse %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore. or ascendants9 . 1.-oes it include grandparents to granddaughters1 >es. ':&.4his does not need con(iction. /osses right to disinherit upon reconciliation. %ou do not need to disinherit. ". isinheritance ta6es place *% operation of law.-.&/ 2%en t%e s"ouse %as been convicted of an atte!"t against t%e ife of t%e testator. c. '::. 2oth. and t%e accusation %as been found to be fa se9 . )%e fo o$ing s%a be sufficient causes for disin%eriting a s"ouse: .-. 2alane+ Similar grounds found in Articles E1E and E"D.>/ 2%en t%e s"ouse %as given cause for ega se"aration9 . 4his presupposes that there is no disinheritance %et. . 4he grounds refer to those which in(ol(e the same moral culpa*ilit%.8/ 2%en t%e s"ouse by fraud. 4he pro(ision co(ers ascendant. 2oth. Art. C. #$ception+ Articles ""E. Art.ote+ In all & cases.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM *.uent reconci iation bet$een t%e offender and t%e offended "erson de"rives t%e atter of t%e rig%t to disin%erit. ). @. %ou can disinherit pro(ided %ou are the offended spouse. vio ence.A/ 2%en t%e s"ouse %as given grounds for t%e oss of "arenta aut%ority9 . par. 2alane+ 1. #$ception+ 0hen the% reconcile. 2oth. ?. Induced their daughter to li(e a corrupt or immoral life. @. 2oth.-. /oss of parental authorit%.93 does not include all causes of loss of parental authorit%. Attempt *% a parent against the other. As long as there is cause for legal separation.-. Attempt against their (irtues. or undue inf uence causes t%e testator to !aEe a $i or to c%ange one a ready !ade9 .4wo persons who are at odds decide to set aside their differences 'A<# E? .

#ffect of disinheritance is not e$plicitl% pro(ided for. 'A<# E@ .-.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM and to resume their relations. a friend.-. *. 17) -. right to intestate succession. ". 1D&&. )%e c%i dren and descendants of t%e "erson disin%erited s%a taEe %is or %er " ace and s%a "reserve t%e rig%ts of co!"u sory %eirs $it% res"ect to t%e egiti!e9 but t%e disin%erited "arent s%a not %ave t%e usufruct or ad!inistration of t%e "ro"erty $%ic% constitutes t%e egiti!e. If alread% disinherited.It depri(es the offended person of his right to disinherit the offending person. it needs to *e in writing. 54a6es place onl% in legitime. reconciliation is enough when %ou are dealing w7 the presumed will. Includes *oth legitime and intestate share of the disinherited heir. &. It must *e clear and deli*erate. G ---------L L A 2 -------K K a1 a" a. ':8. 4he total e$clusion N loss of legitime.5-. In disinheritance. *. G (alidl% disinherits A. reconciliation is sufficient.(4his is applica*le onl%) if (the) person disinherited is a child or descendant.It sets aside disinheritance alread% made. it must *e in writing. G (alidl% disinherited A. 4his is inconsistent with Art. &. 8ow much will the children of A inherit from G1 4he% will inherit A. 4he% need not go *ac6 to their old relation. 2alane+ Representation in case of disinheritance+ 1.-. include the intestate portion. 4he representati(e of the disinherited person will recei(e *oth the legitime and the free portion which might ha(e accrued to the person disinherited if he had not *een disinherited.free portion. If not. howe(er. ". A handsha6e is not reconciliation. 4his is inconsistent *ec. 3hildren of A can represent him as to the legitime onl% *ec. Art. the free portion has *een gi(en to 2.s share in the legitime and in the free portion. when %ou are dealing w7 the e$press will to disinherit. G did not dispose of his free portion.4he law assumes that free portion has *een gi(en awa%. 0hat is the effect of reconciliation1 a. 3an a1 and a" represent A1 >es. 4his co(ered the free portion. G made a will gi(ing >. It need not *e in writing. Representation. It has to *e something more. If there is no will.legitime 17) -. and of an% disposition in a prior will. In unworthiness. 17" of his estate.

ueat%ed or devised.5 If A wants to accept the 17). 2alane+ 0hat can *e *equeathed or de(ised1 An%thing w7in the commerce of man or w7c is aliena*le. 3astan.5 to a fractional part of the estate. )%e atter s%a be iab e for t%e c%arge on y to t%e e?tent of t%e va ue of t%e egacy of t%e devise received by t%e!. Art.5 to a specific propert%.5A legac% or a de(ise is a gratuitous grant in a will of a specific personal or real propert%. Art. 'A<# EA . de(isee or legatee.5 ".-. 8eir is 5a person who succeeds *% uni(ersal title. 2alane+ 4his pro(ision gi(es a misimpression. 5I gi(e A 17) of m% estate *ut I impose upon him the o*ligation to gi(e 2 a car.++ Legacies and $evises. 1. ':>. )%e %eir $%o is bound to de iver t%e egacy or devise s%a be iab e in case of eviction. <eneral rule+ /egac% or de(ise is an o*ligation of the estate unless it impairs the legitimes. *. In a de(ise or legac%. t%ey s%a be so idari y iab e for t%e oss or destruction of a t%ing devised or be. #. 5a person succeeds *% particular title. 4he o*ligation *ecomes a su*-de(ise or su*-legac% N mode imposed on the heir. )%e co!"u sory %eirs s%a not be iab e for t%e c%arge beyond t%e a!ount of t%e free "ortion given t%e!. 2alane+ efinition in Art.. S%ou d %e not c%arge anyone in "articu ar. a. ':7. #$ception+ If the o*ligation is imposed *% the testator on a testamentar% heir. 2%en t%e testator c%arges one of t%e %eirs $it% a egacy or devise.g. ':C. ':A. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Section 7. A t%ings and rig%ts $%ic% are $it%in t%e co!!erce of !an !ay be be. Art. de(isee or legatee. %e a one s%a be bound. AC" is not a good definition. A testator !ay c%arge $it% egacies and devises not on y %is co!"u sory %eirs but a so egatees and devisees. If t$o or !ore %eirs taEe "ossession of t%e estate. Art. he will ha(e to gi(e a car to 2. ':(. a s%a be iab e in t%e sa!e "ro"ortion in $%ic% t%ey !ay in%erit. even t%oug% on y one of t%e! s%ou d %ave been neg igent.ueat%ed. if t%e t%ing is indeter!inate and is indicated on y by its Eind.

it is not the heir.Art.-. after$ards beco!es %is. 4here is no mista6e. then as a general rule. t%e %eir u"on $%o! t%e ob igation is i!"osed or t%e estate !ust ac.5 4he fishpond was gi(en to G. E&D does not appl%. de(isee or legatee who is lia*le *ut the estate unless su*-legac% is imposed. when the testator ga(e the legac% or de(ise 6nowing that it is not his. in w7c case the de(isee or legatee is lia*le. <i(ing it in it.<eneral rule+ A legac% or de(ise of a thing *elonging to someone else when the testator thought that he owned it is a (oid legac% or de(ise *ec..-.Art. #$ceptions+ (1) 4estator gi(es more. there is an implied order to the estate to 'A<# EC .-. *. If a third person then puts a claim on the fishpond and succeeds in ta6ing possession of the fishpond *% winning the suit. '8&. it is (itiated *% mista6e. t%e dis"osition s%a taEe effect.#. But if t%e t%ing be. 4estator does not order his estate to purchase it. If co-owners don. the de(isee or legatee will onl% get that part.If the thing gi(en as de(ise or legac% is not owned *% the testator at the time he made the will *ut he orders his estate to acquire it. Art. 2alane+ Articles E&D and E&1. 8ow1 4he estate should *u% out the rest of the propert%.s entiret%. #. t%oug% not be onging to t%e testator $%en %e !ade t%e $i . )%e egacy or devise of a t%ing be onging to anot%er "erson is void. 4he testator 6new that he did not own it. E&1 does not appl%. then the estate gi(es him the testator. #$ception+ If the testator acquires it after ma6ing his will.uired in order t%at it be given to a egatee or devisee.-.g. %eir. 4he testator 6new that he did not own it..s share plus the cash (alue of the rest of the propert%. or de!ands an e?cessive "rice t%erefor. If t%e testator orders t%at a t%ing be onging to anot%er be ac. by $%atever tit e.Art. it is a (alid legac% or de(ise. E&1.-.uire it and give t%e sa!e to t%e egatee or devisee9 but if t%e o$ner of t%e t%ing refuses to a ienate t%e sa!e. Art. 5I gi(e a fishpond to G. Middle ground. Art. <eneral rule+ If the testator owns onl% a part.-.t li6e to sell. Art. If t%e testator.-. t%e egacy or devise s%a be understood i!ited to suc% "art or interest. '8D. E&D. 2alane+ 4he propert% gi(en is owned onl% in part *% the testator. 0hat is the status of that legac% or de(ise1 According to 4olentino. t%e %eir or t%e estate s%a on y be ob iged to give t%e 6ust va ue of t%e t%ing. if t%e testator erroneous y be ieved t%at t%e t%ing "ertained to %i!.Supposing+ a. or an interest in t%e t%ing be.g. Art. the estate is lia*le unless it is a su*-de(ise or su*-legatee. or egatee o$ns on y a "art of.ueat%ed.ueat%ed. un ess t%e testator e?"ress y dec ares t%at %e gives t%e t%ing in its entirety.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ (4his is a) *ad wa% to put it. E"?. ':'. AE). (") 4estator gi(es less. As in Art.

Art. ".-. there is a dou*t and dou*ts are resol(ed in fa(or of (alidit%.-.-. E&". If he acquired it *% gratuitous title.-. 'ar.. '88. Any ot%er c%arge.4he purpose of the pa%ment of de*t is so that the legatee or de(isee will get it free from encum*rance. t%e estate is ob iged to "ay t%e debt. even t%oug% anot%er "erson !ay %ave interest t%erein. '8:. If t%e testator s%ou d be.uent y a ienated by %i!. Appl% Art. then+ a. "er"etua or te!"orary. 'ar. If t%e t%ing be.#. <eneral rule+ 'ledge7 mortgage must *e paid *% the estate. 2alane+ 'ar.If at the time the legac% or de(ise is made. Art. Art. then the legac% or de(ise is (alid and the estate ma% *e required to reim*urse the amount.ueat%ed be onged to t%e egatee or devisee at t%e ti!e of t%e e?ecution of t%e $i .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM acquire it.uires it gratuitous y after suc% ti!e. If t%e testator e?"ress y orders t%at t%e t%ing be freed fro! suc% interest or encu!brance. 2alane+ /egac% of a thing alread% *elonging to the legatee or de(isee. If he acquired it *% onerous title. '8A. un ess t%e contrary intention a""ears. then the legac% or de(ise is (oid *ec. usufruct. the thing did not *elong to the legatee or de(isee *ut later on he acquires it. 1. even t%oug% it !ay %ave been subse. 'A<# EE . %e can c ai! not%ing by virtue of t%e egacy or devise9 but if it %as been ac. E&1 *% analog%. If t%e egatee or devisee ac. Art. )%e egacy or devise of a t%ing $%ic% at t%e ti!e of t%e e?ecution of t%e $i a ready be onged to t%e egatee or devisee s%a be ineffective. *. At the (er% least.ueat%ed is burdened. t%e egacy or devise s%a be $it%out effect. )%e sa!e ru e a"" ies $%en t%e t%ing is " edge or !ortgaged after t%e e?ecution of t%e $i . "asses $it% it to t%e egatee or devisee. #asement.4he legac% or de(ise is ineffecti(e e(en if the legatee or de(isee alienates the thing after the will is made. 'ar. )%e egacy of a credit against a t%ird "erson or of t%e re!ission or re ease of a debt of t%e egatee s%a be effective on y as regards t%at "art of t%e credit or debt e?isting at t%e ti!e of t%e deat% of t%e testator. $it% $%ic% t%e t%ing be. 1. &.g. t%e egacy or devise s%a be va id to t%at e?tent. '8>. the purpose of the testator that the propert% go to the de(isee or legatee has alread% *een accomplished with no e$pense to the legatee or de(isee.ueat% or devise so!et%ing " edged or !ortgaged to secure a recoverab e debt before t%e e?ecution of t%e $i . #$ception+ If the testator pro(ides otherwise. 2alane+ 4his is the same situation as in Art.uired by onerous tit e %e can de!and rei!burse!ent fro! t%e %eir or t%e estate.

g. E&@.a testamentar% disposition of a de*t in fa(or of the de*tor.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM In t%e first case. 5I gi(e to A all the de*ts 2 owes me. if any. A egacy or devise !ade to a creditor s%a not be a"" ied to %is credit. 1. Art..uent ones. A. Art.. 4he legac% is (alid onl% to the e$tent of the amount of the credit e$isting at the time of the testator. In effect. #. Art. A sues 2 for collection. After the will is made. after %aving !ade it. )%e egacy referred to in t%e "receding artic e s%a a"se if t%e testator.g. A pa%s 2 ?DD. Art.It applies onl% to credits e$isting at the time the will was made. A *equeaths the credit he has against 2 to 2.-. s%ou d bring an action against t%e debtor for t%e "ay!ent of %is debt. Articles E&? to E&A. efinitions. Rules applica*le. t%e egacy s%a co!"rise a interests on t%e credit or debt $%ic% !ay be due t%e testator at t%e ti!e of %is deat%. and not to su*sequent credits. Art. even if suc% "ay!ent s%ou d not %ave been effected at t%e ti!e of %is deat%.uittance.g. by giving t%e egatee an ac. oes 2 ha(e a right to the credit1 . In bot% cases. un ess t%e testator so e?"ress y dec ares. it is a no#ation of the credit *% the su*rogation of the legatee in the place of the original creditor. After ma6ing the will.-. s%ou d %e re..ta6es place when the testator *equeaths to another a credit against a third person. 5I gi(e to A as legac% his de*t to me. A dies while the suit is pending. #. 0hich ones can A claim1 <eneral rule+ -nl% the first &. the de*t is e$tinguished./egac% applies onl% to the amounts outstanding at the time of the testator. '8C.o. After the will was made.5 2. 5I gi(e to A all the credits I ha(e against 2. of t%e 'A<# 1DD . E&?.-. &.g. 2 had & de*ts. A owes 2 '1. In t%e second case. /egac% of remission. #. 2alane+ /egac% of credit or remission.s death. In effect. /egac% of credit. )%e egacy to t%e debtor of t%e t%ing " edged by %i! is understood to disc%arge on y t%e rig%t of " edge. #$ception+ 0hen the testator pro(ides otherwise. 4he filing of the action re(o6ed the legac%. t%e creditor s%a %ave t%e rig%t to co ect t%e e?cess.-. 1. t%e estate s%a co!" y $it% t%e egacy by assigning to t%e egatee a rig%ts of action it !ay %ave against t%e debtor.s death. 2 ma6es a will gi(ing as legac% to A the de*t of A. #. '8(. Art.-. but not subse. 2alane+ 4he legac% to the de*tor of the thing pledged *% him is understood to discharge onl% the right of pledge. 2 incurs " more de*ts.g. #.uest one. E&A. '87.5 ". 8ow much is the legac%1 '?DD.5 0hen the will was made.4he legac% is re(o6ed if the testator files an action (=udicial suit) against the de*tor. In t%e atter case. "...DDD. A generic egacy of re ease or re!ission of debts co!"rises t%ose e?isting at t%e ti!e of t%e e?ecution of t%e $i .

5 (4his is) not necessar%.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM credit or of t%e egacy or devise. See Articles 11EE to 1"D@. If t%e testator orders t%e "ay!ent of $%at %e be ieves %e o$es but does not in fact o$e. 4his would *e more in conformit% with the intent of the testator. if it is. In a ternative egacies or devises. e?ce"t as %erein "rovided. 2alane+ 5heir upon whom the o*ligation to gi(e the legac% or de(ise ma% *e imposed. $%o !ay %ave been given t%e c%oice. )%e rig%t of c%oice s%a be ong to t%e e?ecutor or ad!inistrator $%o s%a co!" y $it% t%e egacy by t%e de ivery of a t%ing $%ic% is neit%er of inferior nor of su"erior . 2alane+ <eneral rule+ /egac% or de(ise is not considered pa%ment of a de*t. namel%. 4he estate will ha(e to *u% it. Art.) 'A<# 1D1 . Indeterminate e(ise 4here must e$ist immo(a*les of the same 6ind in order to *e (alid. t%e "rovisions of t%is Code regu ating ob igations of t%e sa!e Eind s%a be observed. '>D. 2alane+ <eneric /egac% #(en if no thing of the same 6ind e$ist in the estate. or t%e e?ecutor or ad!inistrator of t%e estate if no "articu ar %eir is so ob iged. 0h% the difference in the rules1 8istoricall%. dies before !aEing it. Art. t%e c%oice is irrevocab e. /oo6 at the general rule and the e$ception in Art.ua ity. the legac% is (alid. )%e foregoing "rovisions are $it%out "re6udice to t%e fu fi !ent of natura ob igations. 0h%1 2ec. If gi(en a choice. '>&. In a ternative egacies or devises. t%e e?cess is not due. A devise of indeter!inate rea "ro"erty s%a be va id on y if t%ere be i!!ovab e "ro"erty of its Eind in t%e estate. t%is rig%t s%a "ass to t%e res"ective %eirs. then it would *e a useless legac% or de(ise since it will reall% *e paid. in Roman /aw. (2alane. (s. egatee or devisee. E"?. I would amend the law and ma6e the same rule applica*le to *oth. the% were easier to acquire and dispose. t%e c%oice is "resu!ed to be eft to t%e %eir u"on $%o! t%e ob igation to give t%e egacy or devise !ay be i!"osed. save suc% !odifications as !ay a""ear fro! t%e intention e?"ressed by t%e testator. t%e dis"osition s%a be considered as not $ritten. #$ception+ If the testator pro(ides otherwise. '8'. If t%e %eir. A egacy of generic "ersona "ro"erty s%a be va id if t%ere be no t%ings of t%e sa!e Eind in t%e estate. the rule on de(ises. 4he same rules as in alternati(e o*ligations appl%. Art. personal propert% was treated with more li*eralit% *ec. If as regards a s"ecified debt !ore t%an t%e a!ount t%ereof is ordered "aid. un ess a contrary intention a""ears. Once !ade.

2alane+ #. or $eeE y a!ount is be. even t%oug% t%e egatee s%ou d die before t%e e?"iration of t%e "eriod $%ic% %as co!!enced. Must gi(e neither inferior nor superior qualit%. 0hat the testator used to gi(e during his lifetime &. egatee or devisee cannot !aEe t%e c%oice. according to his needs. etc. If t%e t%ing be. In other words. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Right of choice. or a certain annua . %is rig%t s%a "ass to %is %eirs9 but a c%oice once !ade s%a be irrevocab e. 4estator dies on March 1. E)? literall%.ueat%ed s%ou d be sub6ect to a usufruct. Art. 1. If t%e testator during %is ifeti!e used to give t%e egatee a certain su! of !oney or ot%er t%ings by $ay of su""ort. If a "eriodica "ension.. vocationa or genera course.g. 8e has a will gi(ing A a monthl% pension of '1. Art. Art. If t%e testator %as not fi?ed t%e a!ount of suc% egacies. in case it %as been granted %i!. "rovided %e "ursues %is course di igent y. In accordance with the social standing and circumstances of the legatee. 2%enever t%e testator e?"ress y eaves t%e rig%t of c%oice to t%e %eir. A can demand his legac% and its effecti(it% will retroact to March 1. A egacy for education asts unti t%e egatee is of age. Rules as to amount+ 1. 4he estate should *e settled first (will pro*ated. t%e sa!e a!ount s%a be dee!ed be. ". A can compel the estate to gi(e him his pension from March 1. A has to wait. '>A. if t%e testator %as not ot%er$ise "rovided. 1EE@. pa%ment of de*ts.DDD. or to t%e egatee or devisee. A egacy for su""ort asts during t%e ifeti!e of t%e egatee. or beyond t%e age of !a6ority in order t%at t%e egatee !ay finis% so!e "rofessiona . and for t%e fo o$ing ones $%ic% s%a be due at t%e beginning of eac% "eriod9 suc% "ay!ent s%a not be returned. t%e egatee or 'A<# 1D" .ueat%ed.-. Art.ueat%ed. determine if legac% is effectual. Amount prescri*ed *% the testator ". !ont% y. In realit%.#$ecutor7 administrator. un ess it be !arEed y dis"ro"ortionate to t%e va ue of t%e estate. 1EE@. it s%a be fi?ed in accordance $it% t%e socia standing and t%e circu!stances of t%e egatee and t%e va ue of t%e estate. '>:. 1EE@. If t%e %eir. '>8. If we follow Art. 2alane+ uration and Amount of the different legacies. t%e for!er !ay give or t%e atter !ay c%oose $%ic%ever %e !ay "refer. '>(. '>>. t%e egatee !ay "etition t%e court for t%e first insta !ent u"on t%e deat% of t%e testator.) After settlement of the estate.

) c.-.:pon the testator. 3onditional. or unborn offs"ring of ani!a s.Rules on emanda*ilit%. (Art. 'ure. &.-. ".) d. 3onditional.:pon the testator. 4ro! t%e !o!ent of t%e testatorGs deat%. -wnership a. upon the testator. t%e t%ing be.:pon arri(al of the term.-. or unco ected inco!e9 but not t%e inco!e $%ic% $as due and un"aid before t%e atterGs deat%. d. 'ure and specific. E)C. 0ith a term.-. (Art. &. E)?. AAA. 'ure and specific.s death. 9ruits w7c depends on whether+ a. t%erefore. bear its oss or deterioration. $it%out "re6udice to t%e res"onsibi ity of t%e e?ecutor or ad!inistrator. If t%e egacy or devise is of a s"ecific and deter!inate t%ing "ertaining to t%e testator.-. $%o s%a . '>7.-. '>C. par.uires t%e o$ners%i" t%ereof u"on t%e deat% of t%e testator.:pon the testator.-.:pon arri(al of the term c.s death (effect retroacts.It depends+ (i) if the thing comes from the testator. Art.-. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM devisee s%a res"ect suc% rig%t unti it is ega y e?tinguis%ed.ueat%ed s%a be at t%e risE of t%e egatee or devisee.:pon the testator. '>'.) *.-.-.s death. but is generic or of . its fruits and interests fro! t%e ti!e of t%e deat% of t%e testator s%a "ertain to t%e egatee or devisee if t%e testator %as e?"ress y so ordered.:pon the happening of the suspensi(e condition. upon the acquisition of the thing. and s%a be benefitted by its increase or i!"rove!ent. 2alane+ 4his is the same as in Art. 1.-. c. t%e egatee or devisee ac.uest s%ou d not be of a s"ecific and deter!inate t%ing. 0ith a term.:pon the happening of the suspensi(e condition. 0ith a term.) *.s death (effect retroacts. E)E. 'ure and generic.-. 2alane+ Articles E)A to E)E. emanda*ilit% depends on whether+ a. as $e as any gro$ing fruits.uires a rig%t to t%e "ure and si!" e egacies or devises fro! t%e deat% of t%e testator. 'ure and generic. Art. If t%e be.uantity. (Art. (Articles E)A. and trans!its it to %is %eirs. 3onditional.:pon the death of the testator. 9ruits and -wnership.) 'A<# 1D& .) *.s death (ii) if the thing has to *e acquired from a third person. t%e egatee or devisee ac.:pon determination of what is to *e deli(ered to the de(isee or legatee unless the testator pro(ides otherwise. E&).s estate.

2alane+ -rder of preference.>/ Legacies for education9 .:/ Legacies or devises dec ared by t%e testator to be "referentia 9 . ". c%arged $it% a egacy or devise. 'AA. 'A8. but s%a re. follow Art. )%e t%ing be. 'ar.-. ". )%e egatee or devisee cannot taEe "ossession of t%e t%ing be. or of t%e e?ecutor or ad!inistrator of t%e estate s%ou d %e be aut%oriHed by t%e court to de iver it. E11. )%e e?"enses necessary for t%e de ivery of t%e t%ing be. 'A>. But if t%e testator 'A<# 1D) .5If %ou reduce legacies.ueat%ed if %e is ab e to do so and cannot disc%arge t%is ob igation by "aying its va ue. S%ou d %e die before %aving acce"ted t%e egacy or devise. Legacies of !oney !ust be "aid in cas%. but $it%out "re6udice to t%e egiti!e.ueat%ed s%a be de ivered $it% a its accessions and accessories and in t%e condition in $%ic% it !ay be u"on t%e deat% of t%e testator. even t%oug% t%e %eir or t%e estate !ay not %ave any.8/ Legacies for su""ort9 . )%e %eir. If for an% other reason. if t%e atter be onerous. )%e egatee or devisee of t$o egacies or devises. 4his conflicts w7 Art. eaving severa %eirs. 'AD. Art. one of $%ic% is onerous cannot renounce t%e onerous one and acce"t t%e ot%er. E?D.ueat%ed u"on %is o$n aut%ority. Solution according to commentators. If t%e estate s%ou d not be sufficient to cover a t%e egacies or devises. acceptance and renunciation. Art. If bot% are onerous or gratuitous.A/ Legacies or devises of a s"ecific.4he same rule as in accretion. Art.-.5-. legitimes ha(e *een impaired. or to renounce eit%er. t%eir "ay!ent s%a be !ade in t%e fo o$ing order: .<i(e each its own sphere of operation+ 1. If %ou ha(e to reduce *ec.ueat%ed s%a be for t%e account of t%e %eir or t%e estate. %e s%a be free to acce"t or renounce bot%.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art.Inconsistent.(/ A ot%ers pro rata. Art. reduce all e$cept those preferred according to the testator. )%e egatee or devisee cannot acce"t a "art of t%e egacy or devise and re"udiate t%e ot%er. Art. so!e of t%e atter !ay acce"t and t%e ot%ers !ay re"udiate t%e s%are res"ective y be onging to t%e! in t%e egacy or devise. 'A&.uest its de ivery and "ossession of t%e %eir c%arged $it% t%e egacy or devise. follow Art. deter!inate t%ing $%ic% for!s "art of t%e estate9 .-. E11. !ust de iver t%e very t%ing be. 'A:. or t%e e?ecutor or ad!inistrator of t%e estate. 2alane+ 4his applies to a situation where there is onl% one legac% or de(ise.&/ Re!uneratory egacies or devises9 .

".g.ueat%ed or any "art t%ereof.s lifetime. Any co!"u sory %eir $%o is at t%e sa!e ti!e a egatee or devisee !ay $aive t%e in%eritance and acce"t t%e egacy or devise. un ess t%e reac. is of no conse. 'A(. If after t%e a ienation t%e t%ing s%ou d again be ong to t%e testator.uence. 4his manifests the intent to re(o6e.ot re(o6ed *ec. )%e egacy or devise s%a be $it%out effect: . t%e egatee or devisee !ust eit%er acce"t or renounce bot%. 4ransformation of the thing. in accordance $it% t%e "rovisions of artic e ':C.-. e?ce"t in cases of substitution and of t%e rig%t of accretion. Art. &. Annulment depends on the *asis+ a. Art. or renounce t%e atter and acce"t t%e for!er. if it is "ossib e to identify t%e t%ing $%ic% t%e testator intended to be. there was no intention to re(o6e *.uisition s%a %ave been effected by virtue of t%e e?ercise of t%e rig%t of re"urc%ase9 . A !istaEe as to t%e na!e of t%e t%ing be. 'A7. #$ception+ If pacto de retro and reacquired during the testator. 'A<# 1D? .ueat%ed in suc% a !anner t%at it does not retain eit%er t%e for! or t%e deno!ination it %ad9 . 'AC. Hitiated consent.Re(o6ed. a. even if it be by reason of t%e nu ity of t%e contract. Nevert%e ess. or $aive or acce"t bot%. *. 2alane+ <rounds for the re(ocation of legac% or de(ise (ta6es effect *% operation of law.ueat%ed or devised. #$ception+ 4estator pro(ides otherwise. the ring is melted and turned into a pendant.ueat%ed is tota y ost during t%e ifeti!e of t%e testator. If t%e egatee or devisee cannot or is un$i ing to acce"t t%e egacy or devise.&/ If t%e testator transfor!s t%e t%ing be. <eneral rule+ 4he same rule as in Art. All other reasons. Art. t%e egacy or devise s%a not t%ereafter be va id. 5I *equeath m% ring to 2. 0hen a coconut plantation is transformed into a fishpond.. t%e "erson ob iged to "ay t%e egacy or devise s%a be iab e for eviction if t%e t%ing be. E?).-. or if t%e egacy or devise for any reason s%ou d beco!e ineffective.) 1.ueat% or devise.8/ If t%e t%ing be. it being understood t%at in t%e atter case t%e egacy or devise s%a be $it%out effect on y $it% res"ect to t%e "art t%us a ienated. 2alane+ 4his applies to a situation where there are two or more legacies or de(ises.5 After ma6ing the will. it s%a be !erged into t%e !ass of t%e estate. 4otall% lost.:/ If t%e testator by any tit e or for any cause a ienates t%e t%ing be. or after %is deat% $it%out t%e %eirGs fau t.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM intended t%at t%e t$o egacies or devises s%ou d be inse"arab e fro! eac% ot%er. #.ueat%ed s%ou d not %ave been deter!inate as to its Eind.

It ta6es place onl%+ (a) insofar as it does not impair legitimes! (*) onl% if there is no will disposing of the propert%. I. @. *ut is the most common.4R. Intestac%. 08. &. C. ?. C%a"ter 8 LE<AL OR IN)ES)A)E SUCCESSION Section &. It applies the principle of e$clusion and concurrence (the same principles as in compulsor% succession.) II. I. ".s own relati(es. 4his should *e in the 3hapter on Institution of 8eirs 4his applies onl% in fa(or of the testator.4hat which ta6es place *% operation of law in default of compulsor% and testamentar% succession. A.++ 'eneral Provisions. ).4#S4A4# 8#IRS1 1. 'A<# 1D@ . nephews and nieces -ther collateral relati(es up to the fifth degree 4he State.:34I-. It is the least preferred among the three modes of succession.AR# I. ACE. 2alane+ 4his does not refer to legacies and de(ises 4his article is misplaced.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 4his is similar to Art. A dis"osition !ade in genera ter!s in favor of t%e testatorGs re atives s%a be understood to be in favor of t%ose nearest in degree. 'A'. /egitimate children or descendants Illegitimate children or descendants /egitimate parents or ascendants Illegitimate parents Sur(i(ing spouse 2rothers and sisters.-. Art.

-. ). the father is e$cluded. or one $%ic% %as subse. . Lega or intestate succession taEes " ace: . c. Rule on preference of lines. Spouse. Rule of Relationship.4his is also true in compulsor% succession. 4he descending is preferred o(er the ascending. t%ere being no substitution. State. and no rig%t of accretion taEes " ace9 . *ec. In suc% case. 4his shows wh% the rules on legitime are similar to the rules of intestac%. 2lood. d.-. E"C if decedent is sur(i(ed *% a father and son. ega succession s%a taEe " ace on y $it% res"ect to t%e "ro"erty of $%ic% t%e testator %as not dis"osed9 .Intestate heir must *e related to the deceased. or re"udiates t%e in%eritance.otes+ . the% inherit in different shares. Rule of equalit% among relati(es of the same degree. III. collaterals up to the fifth degree. '(D. ascendants and descendants in the direct line.-. Rule on pro$imit% of degree.4#S4A3> 1. although in the same degree.-.-.<us imperii.:/ 2%en t%e $i does not institute an %eir to. (4his qualifies) representation. or dis"ose of a t%e "ro"erty be onging to t%e testator. ". 2ASI3 R:/#S -9 I.<us sanguinis.4his rule e$cludes the further.8/ If t%e sus"ensive condition attac%ed to t%e institution of %eir does not %a""en or is not fu fi ed. e. or $it% a void $i . &.-. Art.-. d.-.) *.Art.<us con/ugis. 9i(e e$ceptions+ a. 9amil%. A.um*ers @ to C are intestate heirs. 1D"@ (does not refer to *lood cousins. *.&/ If a "erson dies $it%out a $i .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM .-. 4here are four 6inds+ a. 4here are other causes. Rule of 'reference of lines. Relati(es of the full and half *lood. e?ce"t in cases "rovided in t%is Code. Rule of di(ision *% line in the ascending line. Jinds 'A<# 1DA .-.uent y ost its va idity9 .-. the right of so(ereignt%.4his is corollar% to the third. of if t%e %eir dies before t%e testator.-. istri*ution *etween legitimate and illegitimate children.<s familial.um*ers 1 to ? are *oth compulsor% and intestate heirs. the% inherit equall%.>/ 2%en t%e %eir instituted is inca"ab e of succeeding.Maternal7 paternal c. 2% representation.Art.-.2ecause of this. 2alane+ 4his enumeration is not e$clusi(e." + 1.

&.-. #rroneous.A will that disposes of part of the free portion 2. saving t%e rig%t of re"resentation $%en it "ro"erty taEes " ace. '(:. sub6ect to t%e "rovisions of artic e &DD( $it% res"ect to re atives of t%e fu and %a f b ood. 4otal . Art.will.4otal intestac% *. )%e direct ine is eit%er descending or ascending.-. a..-. and in t%e State.. $%ic% !ay be eit%er direct or co atera . ". when re(o6ed. ?. t%e a$ vests t%e in%eritance. and of artic e 'C7. ". alwa%s (alid *ut ma% lose its efficac%. A series of degrees for!s a ine.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1. *.++ #elationship. '(8.o testamentar% disposition at all. In every in%eritance.'artial intestac% 5Suspensi(e condition does not happen. Art. concerning division bet$een t%e "aterna and !aterna ines. In defau t of testa!entary %eirs. E@D.5-.g. *. Art. . '(>.:seless will as far as succession is concerned. ). 5Incapa*le of succeeding-. Art.o will. 'A<# 1DC . 4he arri(al of the resolutor% term. 5does not institute an heir. Pro?i!ity of re ations%i" is deter!ined by t%e nu!ber of generations. '(A.ua s%ares. "aragra"% :. Art. Impossi*ilit% of ascertaining the will of the testator. in t%e egiti!ate and i egiti!ate re atives of t%e deceased. in t%e surviving s"ouse.5-Intestac% as to that specific a. -thers not in Art. A co atera ine is t%at constituted by t%e series of degrees a!ong "ersons $%o are ascendants and descendants. e.4otal intestac% c. Re atives in t%e sa!e degree s%a in%erit in e. t%e re ative nearest in degree e?c udes t%e !ore distant ones. a. once (alid. but $%o co!e fro! a co!!on ancestor. 5 oes not dispose all. 3auses 1.5-.-nl% specific pro(ision will gi(e rise to intestac%. '(&. in accordance $it% t%e ru es %ereinafter set fort%. institution. Subsection &. Hoid will N no will. Eac% generation for!s a degree. A direct ine is t%at constituted by t%e series of degrees a!ong ascendants and descendants. 'artial .

1DD@. In t%e direct ine.earer e$cludes the more remote! *.-. 2rothers and sisters. . 2alane+ Articles E@& to E@A on relationships. 1. four fro! %is first cousin.3ollateral line-." persons ha(ing a common ascendant Illustration+ A L M 2 L L 3 # 9or 2. 3oncept of degree. 1a f b ood re ations%i" is t%at e?isting bet$een "ersons $%o %ave t%e sa!e fat%er. ascent is !ade to t%e co!!on ancestor. *. #(er% degree is one generation.) In intestac%+ a. but not t%e sa!e !ot%er. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM )%e for!er unites t%e %ead of t%e fa!i y $it% t%ose $%o descend fro! %i!. $%o is t%e brot%er of %is fat%er.-. namel%+ a. a "erson is t$o degrees re!oved fro! %is brot%er.-. e?c uding t%e "rogenitor. '(7. '((. ascent is !ade to t%e co!!on ancestor and t%en descent is !ade to t%e "erson $it% $%o! t%e co!"utation is to be !ade. t%ree fro! %is unc e. )%e atter binds a "erson $it% t%ose fro! $%o! %e descends. t$o fro! t%e grandfat%er. ". and so fort%. 3oncept of lines. 4wo *asic concepts in relationship+ a. /imit of fi(e degrees. (4hese rules on relationship are) important *ecause of certain principles which ordain in intestac%.4his is the method of computing the pro$imit% of relationship. In t%e co atera ine. In t%e ine. but not t%e sa!e fat%er. and t%ree fro! t%e great+ grand"arent.)-. 4u b ood re ations%i" is t%at e?isting bet$een "ersons $%o %ave t%e sa!e fat%er and t%e sa!e !ot%er.(4hese are) relati(e positions in the famil% *etween " persons (genealogical chart.-.4his is applica*le onl% in intestate succession. a. as !any degrees are counted as t%ere are generations or "ersons. irect line is preferred o(er the collateral! c.irect line-(i) ascending (ii) descending *. is in the collateral line. or t%e sa!e !ot%er. escending line is preferred o(er the ascending. t%e c%i d is one degree re!oved fro! t%e "arent. )%us. 9ull and half-*lood relations in intestac%. (Art. 'A<# 1DE . &. A is in the direct line. Art. )%us. 4here is no limit." + 1-.

of the rule that the nearer e$cludes the more remote. or by a t%e nearest re atives ca ed by a$ to succeed.s place. (Art. Art. Subsection :.-. 0hen G dies. 1D&?. '('.ephews and nieces. s%ou d t%ere be one on y. -nl% A and 3 should inherit. '7D. If t%ere are severa re atives of t%e sa!e degree. (See Articles E@C. E"&.Articles EC". Incapacit% or unworthiness to succeed." + 1-. . ".)-. EA?. (4his) does not appl% to renunciation. Art. 1DDC. by virtue of $%ic% t%e re"resentative is raised to t%e " ace and t%e degree of t%e "erson re"resented.uires t%e rig%ts $%ic% t%e atter $ou d %ave if %e $ere iving or %e cou d %ave in%erited. save t%e rig%t of re"resentation $%en it s%ou d taEe " ace. 3ompulsor% 'A<# 11D .Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM *. Representation is not a (er% accurate term *ecause it does not con(e% the full meaning of the process. %is "ortion s%a accrue to t%e ot%ers of t%e sa!e degree. 2ut *ecause of the right of representation. It is a process where*% one person ta6es another. :nder what situations does it operate1 a. 4he% are raised to the le(el of 2.) &. E@E. Re"resentation is a rig%t created by fiction of a$. s%ou d t%ere be severa .-. 4he representati(e is su*rogated (ta6es the place) of the person represented. 'redecease. If t%e in%eritance s%ou d be re"udiated by t%e nearest re atives. EAA. c.ephews or nieces of the half *lood-child of a *rother or sister of the half *lood. 4he *etter term is successional subrogation.. Illustration+ G 7 L M A 2 3 7 M *1 *" 2 predeceases G. 4his article contains the definition of representation. Art. *1 and *" will inherit in the place of 2. t%ose of t%e fo o$ing degree s%a in%erit in t%eir o$n rig%t and cannot re"resent t%e "erson or "ersons re"udiating t%e in%eritance. and one or so!e of t%e! are un$i ing or inca"acitated to succeed. *1 and *" are e$cluded *ec.++ #ight of #epresentation. *. as F2/ Re%es calls it. isinheritance.-.Art. '(C. and ac. 4he% will onl% get what 2 would ha(e gotten. In what 6inds of succession does it operate1 a. 2alane+ 1.

'A<# 111 . he will *e represented *% his son.5 4his is su*stitution and not representation.o. G 7 L M A 2 3 7 M *1 *" 2 predeceases A. 4his is precisel% wh% & succeeds 1. )%e re"resentative does not succeed t%e "erson re"resented but t%e one $%o! t%e "erson re"resented $ou d %ave succeeded. In intestac%. Iuestions+ a. In order t%at re"resentation !ay taEe " ace. 4eotico (. *ec. 0hen A dies. '7:. he is reall% succeeding from 1. 2alane+ 3apacit% to succeed.ephews and nieces in representation of their parents who predeceased their decedent *rother or sister. In descending line. c.s share in the estate of A. *.In representation. 4he decedent! ". it taEes " ace on y in favor of t%e c%i dren of brot%ers or sisters. *1 and *" can represent 2 in 2. Art. 4he person represented! &.-. In legitime.-.-. but never in t%e ascending. )%e re"resentative is ca ed to t%e succession by t%e a$ and not by t%e "erson re"resented. and if he predeceases me. *. ne(er in the ascending. it is necessary t%at t%e re"resentative %i!se f be ca"ab e of succeeding t%e decedent.g.An adopted child cannot represent his adopti(e parent *ec. ". Must & ha(e capacit% to succeed from 11 >es.Same as in legitimes. el Hal. Intestate It does not appl% to testamentar% succession. #. in what direction does it operate1 -nl% in the descending. -nl% one instance in the collateral line. Must " ha(e capacit% to succeed from 11 .-. '78. *ec.. & is not succeeding from ". Art. Must & ha(e capacit% to succeed from "1 . in what direction does it operate1 a.o.. there are three parties+ 1. $%et%er t%ey be of t%e fu or %a f b ood. 2alane+ 1. )%e rig%t of re"resentation taEes " ace in t%e direct descending ine. the fiction is onl% *etween the adopter and the adopted. 4he representati(e. '7&. 5I institute m% son.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM *. In t%e co atera ine. Art.

a1 7 A-. all nephews inherit in their son right. '7A. 'erson who renounces cannot *e represented. 2 and 3 predecease G. If A.) 'A<# 11" . 2 and 3 predecease G. per stirpes. all grandchildren inherit *% their own right. 2%enever t%ere is succession by re"resentation. In A. 2alane+ Representation+ 1.2 -. '77. 2 and 3 renounce. t%ey s%a in%erit in e. all grandchildren inherit *% representation. per capita.) G L M A 2 3 7 L L L M a1 a" * c1 c" 7 a. In collateral line. ". (Art. EC". if t%ey survive $it% t%eir unc es or aunts. 2%en c%i dren of one of !ore brot%ers or sisters of t%e deceased survive. per capita. Art. If A. 'erson who renounces can represent. (Art. EA@. In the direct line. 2alane+ Articles EA@ and EAA. Art. EAA. (Art. 1eirs $%o re"udiate t%eir s%are !ay not be re"resented. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. in suc% !anner t%at t%e re"resentative or re"resentatives s%a not in%erit !ore t%an $%at t%e "erson t%ey re"resent $ou d in%erit.ua "ortions. t%ey s%a in%erit fro! t%e atter by re"resentation.a" 7 G-.c1 M c" a. t%e division of t%e estate s%a be !ade per stirpes. *. if %e $ere iving or cou d in%erit. A "erson !ay re"resent %i! $%ose in%eritance %e %as renounced. '7(.) *. '7>. But if t%ey a one survive. In renunciation+ a.* M 3-.

S%ou d c%i dren of t%e deceased and descendants of ot%er c%i dren $%o are dead. Legiti!ate c%i dren and t%eir descendants succeed t%e "arents and ot%er ascendants. 8e did not renounce his right to inherit from A.ua "ortions. EC" #$ception+ Art. Art. Section. and t%e atter by rig%t of re"resentation. he onl% renounced his right to inherit from 2. and even if t%ey s%ou d co!e fro! different !arriages. 2a(iera+ -nl% legitimate descendants <eneral rule+ Art. 0hen 3 renounced. /ater on. Subsection &. An ado"ted c%i d succeeds to t%e "ro"erty of t%e ado"ting "arents in t%e sa!e !anner as a egiti!ate c%i d. 'A<# 11& . 'C:. to t%e descending direct ine.++ $escending $irect Line. 3an 3 represent 2 in A. Art. '7'.An illegitimate child has no right to inherit ab intestato from the legitimate children and relati(es of his father or mother! nor shall such children or relati(es inherit in the same manner from the illegitimate child.-. ". Art. :. #ffect+ 1. in t%e first " ace. Art. $it%out distinction as to se? or age. '7C. 'CD. Art. eaving severa %eirs.++ (rder of Intestate &uccession.ua s%ares.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Illustration+ A L 2 L 3 L 3 renounces his inheritance from 2. )%e grandc%i dren and ot%er descendants s%a in%erit by rig%t of re"resentation. t%e "ortion "ertaining to %i! s%a be divided a!ong t%e atter in e. EE". and if any one of t%e! s%ou d %ave died.s estate. 2 then dies. )%e c%i dren of t%e deceased s%a a $ays in%erit fro! %i! in t%eir o$n rig%t. A dies. t%e for!er s%a in%erit in t%eir o$n rig%t. cannot represent 3 in 2. survive.s estate1 >es. 'C&. dividing t%e in%eritance in e. Succession "ertains.

S%ou d t%ere by !ore t%an one of e. toget%er $it% i egiti!ate c%i dren. t%e ascendants nearest in degree s%a in%erit. t%ere s%ou d survive descendants of anot%er i egiti!ate c%i d $%o is dead. %is "arents and ascendants s%a in%erit fro! %i!. eaving no c%i dren or descendants. to t%e e?c usion of co atera re atives.++ %scending $irect Line. Art. In defau t of egiti!ate c%i dren and descendants of t%e deceased. Art. 'C>. one+ %a f s%a go to t%e "aterna and t%e ot%er %a f to t%e !aterna ascendants. Art. 'C8.5 Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 4his applies onl% to child. t%e i egiti!ate c%i dren s%a succeed to t%e entire estate of t%e deceased. Art. 2a(iera+ Article CE? . s%a be %is ega %eirs. 2a(iera+ Per capita means equall% Subsection 8.Illegitimate child is entitled to 17" of share of a legitimate child. )%e fat%er and !ot%er.note article 1A@ 93 . Subsection:. t%e s%ares of t%e for!er s%a be in t%e "ro"ortions "rescribed by artic e C'A. s%a in%erit in e. if iving.++ Illegitimate Children. %e or s%e s%a succeed to t%e entire estate of t%e c%i d. In case of deat% of an ado"ted c%i d. In eac% ine t%e division s%a be !ade per capita. 'C7. In defau t of t%e fat%er and !ot%er. 4he legitime of the illegitimate child shall *e ta6en from the free portion. 'CC. t%e for!er s%a succeed in t%eir o$n rig%t and t%e atter by rig%t of re"resentation.ua degree be onging to t%e sa!e ine t%ey s%a divide t%e in%eritance per capita9 s%ou d t%ey be of different ines but of e. )%e %ereditary rig%ts granted by t%e t$o "receding artic es to i egiti!ate 'A<# 11) . If i egiti!ate c%i dren survive $it% egiti!ate c%i dren. Art. Art.ua s%ares. In t%e absence of egiti!ate descendants or ascendants.ua degree. 'C(. 'CA. 'C'. If. S%ou d one on y of t%e survive. ''D. pro(ided in no case shall the total legitime of illegitimate child e$ceed the free portion. %is "arents and re atives by consanguinity and not by ado"tion. and the legitime of sur(i(ing spouse must first *e full% satisfied. not descendant 4his is called the 5iron curtain rule. Art.

If egiti!ate ascendants are eft. Art. $it%out "re6udice to t%e rig%ts of brot%ers and sister. If a $ido$ or $ido$er and egiti!ate c%i dren or descendants are eft. An i egiti!ate c%i d %as no rig%t to in%erit a" intestato fro! t%e egiti!ate c%i dren and re atives of %is fat%er or !ot%er9 nor s%a suc% c%i dren or re atives in%erit in t%e sa!e !anner fro! t%e i egiti!ate c%i d. If t%e $ido$ or $ido$er s%ou d survive $it% brot%ers and sisters. 2a(iera+ 4his applies onl% to child. t%e surviving s"ouse s%a in%erit t%e entire estate.++ &urviving &pouse. $%o s%a be entit ed to t%e entire estate.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM c%i dren s%a be trans!itted u"on t%eir deat% to t%eir descendants. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate "arents or ascendants. not descendants 4his is called the iron curtain rule Art. In defau t of t%e fat%er or !ot%er. Art. ''&. &DD&. and i egiti!ate c%i dren and t%eir descendants. If an i egiti!ate c%i d s%ou d die $it%out issue. '':. s%ou d t%ere by any under artic e &DD&. %is fat%er or !ot%er s%a succeed to %is entire estate9 and if t%e c%i dGs fi iation is du y "roved as to bot% "arents. $%et%er egiti!ate or i egiti!ate. $%o are bot% iving. ''8. t%e atter s%a be entit ed to one+%a f of t%e in%eritance and t%e brot%ers and sisters or t%eir c%i dren to t%e ot%er %a f. 'A<# 11? . taEing one+%a f of t%e estate. ne"%e$s and nieces. $%o s%a in%erit by rig%t of re"resentation fro! t%eir deceased grand"arent. Subsection >. Art. and t%e atter t%e ot%er %a f. Art. In t%e absence of egiti!ate descendants and ascendants. s%e or %e s%a in%erit one+%a f of t%e estate. and t%e egiti!ate "arents or ascendants to t%e ot%er %a f. ''>. t%ey s%a in%erit fro! %i! s%are and s%are a iEe. S%ou d brot%ers and sisters or t%eir c%i dren survive $it% t%e $ido$ or $ido$er. t%e i egiti!ate c%i dren s%a divide t%e in%eritance $it% t%e!. ne"%e$s and nieces. t%e surviving s"ouse s%a be entit ed to one+%a f of t%e estate. ''A. eit%er egiti!ate or i egiti!ate. an i egiti!ate c%i d s%a be succeeded by %is or %er surviving s"ouse. ''(. Art. t%e surviving s"ouse %as in t%e succession t%e sa!e s%are as t%at of eac% of t%e c%i dren. $%atever be t%e nu!ber of t%e ascendants or of t%e i egiti!ate c%i dren. ''7. Art. Art.

S%ou d brot%ers and sisters of t%e fu b ood survive toget%er $it% brot%er and sisters of t%e %a f b ood. If t%ere are no descendants. Art. ascendants. 2a(iera+ Per capita means equall% per stirpes means *% representation Art. Art. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate c%i dren or t%eir descendants and i egiti!ate c%i dren or t%eir descendants. Art. S%ou d brot%ers and sisters survive toget%er $it% ne"%e$s and nieces. &DDD. &DD&. to t%e ot%er %a f. and t%e ot%er %a f s%a be divided bet$een t%e surviving s"ouse and t%e i egiti!ate c%i dren so t%at suc% $ido$ or $ido$er s%a %ave one+fourt% of t%e estate. Art. t%e ascendants s%a be entit ed to one+%a f of t%e in%eritance.ua s%ares. or a surviving s"ouse. Art. t%e for!er s%a in%erit per capita. ''C. t%e co atera re atives s%a succeed to t%e entire estate of t%e deceased in accordance $it% t%e fo o$ing artic es. and i egiti!ate c%i dren are eft. t%e surviving s"ouse. &DD(. and t%e atter per stirpes. S%ou d t%e on y survivors be brot%ers and sisters of t%e fu b ood. Art. t%e atter s%a be entit ed to one+%a f of t%e in%eritance and t%e brot%ers and sisters or t%eir c%i dren to t%e ot%er %a f. and t%e i egiti!ate c%i dren or t%eir descendants. If a $ido$ or $ido$er survives $it% i egiti!ate c%i dren.++ Collateral #elatives Art. suc% $ido$ or $ido$er s%a be entit ed to t%e sa!e s%are as t%at of a egiti+ !ate c%i d. &DD8. In case of a ega se"aration. &DD:. Subsection A. %e or s%e s%a not %ave any of t%e rig%ts granted in t%e "receding artic e. t%ey s%a in%erit in e. &DD>.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. &DDA. i egiti!ate c%i dren. $%et%er egiti!ate or i egiti!ate. suc% $ido$ or $ido$er s%a be entit ed to one+%a f of t%e in%eritance. t%e for!er s%a be entit ed to a s%are doub e t%at of 'A<# 11@ . If egiti!ate ascendants. S%ou d brot%ers and sisters or t%eir c%i dren survive $it% t%e $ido$ or $ido$er. '''. and t%e i egiti!ate c%i dren t%e ot%er fourt%. $%o are t%e c%i dren of t%e decedentGs brot%ers and sisters of t%e fu b ood. $%et%er egiti!ate or i egiti!ate. if t%e surviving s"ouse gave cause for t%e se"aration.

)%e court s%a distribute t%e estate as t%e res"ective needs of eac% beneficiary !ay $arrant. &D&D. )%e court. in suc% !unici"a ities or cities. so t%at on y t%e inco!e fro! t%e "ro"erty s%a be used. Subsection (. &D&>. t%e "ersona "ro"erty s%a be assigned to t%e !unici"a ity or city $%ere t%e deceased ast resided in t%e P%i i""ines.ua s%ares $it%out distinction as to t%e origin of t%e "ro"erty. t%e ot%er co atera re atives s%a succeed to t%e estate. t%e State s%a in%erit t%e $%o e estate. In defau t of "ersons entit ed to succeed in accordance $it% t%e "rovisions of t%e "receding Sections. After t%e "ay!ent of debts and c%arges. Art. !ay order t%e estab is%!ent of a "er!anent trust. &D&:. &DD'. )%e rig%t to in%erit a" intestato s%a not e?tend beyond t%e fift% degree of re ations%i" in t%e co atera ine. Art. and "ub ic c%aritab e institutions and centers. are t%e on y survivors. )%e atter s%a succeed $it%out distinction of ines or "reference a!ong t%e! by reason of re ations%i" by t%e $%o e b ood. &D&8. In order t%at t%e State !ay taEe "ossession of t%e "ro"erty !entioned in t%e "receding artic e. If t%e deceased never resided in t%e P%i i""ines. or in its o$n !otion. Art.++ The &tate. in accordance $it% t%e ru es aid do$n for brot%ers and sisters of t%e fu b ood. Art. &DD7.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM t%e atter. so!e on t%e fat%erGs and so!e on t%e !ot%erGs side. t%e "ertinent "rovisions of t%e Ru es of Court !ust be observed. Art. &DDC. Suc% estate s%a be for t%e benefit of "ub ic sc%oo s. suc% "erson s%a be entit ed to t%e "ossession of t%e sa!e. and t%e rea estate to t%e !unici"a ities or cities. Art. Art. at t%e instance of an interested "arty. in $%ic% t%e sa!e is situated. or if so d. a s%a in%erit in e. 'A<# 11A . Art. In case brot%ers and sisters of t%e %a f b ood. res"ective y. S%ou d t%ere be neit%er brot%ers nor sisters nor c%i dren of brot%ers or sisters. C%i dren of brot%ers and sisters of t%e %a f b ood s%a succeed per capita or per stirpes. If a "erson ega y entit ed to t%e estate of t%e deceased a""ears and fi es a c ai! t%ereto $it% t%e court $it%in five years fro! t%e date t%e "ro"erty $as de ivered to t%e State. t%e $%o e estate s%a be assigned to t%e res"ective !unici"a ities or cities $%ere t%e sa!e is ocated. &D&&. t%e !unici"a ity or city s%a be accountab e to %i! for suc% "art of t%e "roceeds as !ay not %ave been a$fu y s"ent.

*rothers and sisters. nephews and nieces. the State *. /egitimate parents a. e$cluded *% no one. the State *. Sur(i(ing spouse a. sur(i(ing spouse c. e$cluded *% legitimate children. sur(i(ing spouse. 2rothers. 4he State a. -ther collaterals a. e$cludes collaterals. e$cluded *% no one. concurs with illegitimate children7 descendants. A. legitimate and illegitimate *rothers and sisters. collaterals. e$cluded *% legitimate descendants. e$cludes collaterals.ote+ 4he rules on e$clusion and concurrence in legitimes will also appl% to intestac%. &. e$cludes illegitimate parents. concurs with collaterals in equal degree c. ?. e$cludes no one *. other than *rothers and sisters. Illegitimate children7 descendants a. nephews and nieces a. concurs with the sur(i(ing spouse c. sur(i(ing spouse c. illegitimate children. nephews and nieces. the State *. /egitimate children7 descendants a. concurs with the sur(i(ing spouse c. illegitimate parents. the State *. Illegitimate ascendants a. ). e$ludes collaterals in remote degrees. e$cluded *% e(er%*od% else. @.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ Intestate heirs+ 1. C. concurs with sur(i(ing spouse. the State *. legitimate parents.-. e$cludes ascendants. e$cluded *% legitimate children. illegitimate child. e$cludes collaterals. concurs with no one c. c. ". e$cludes legitimate7 illegitimate children7 parents. 'A<# 11C . all collaterals. e$cluded *% no one.4otal Intestac% . nephews and nieces. concurs with legitimate child.Harious 3om*inations-. e$cludes all other collaterals. the State *. illegitimate descendants. Articles EAC to 1D1). sisters. legitimate ascendants c. concurs with illegitimate children. the State *. legitimate children.

'A<# 11E . 9ree portion. /egitimate parents (or ascendants).-.-. EAE.17" di(ided as in num*er 1D Sur(i(ing spouse.17" 9ree portion N 17) to illegitimate children.#ntire estate in proportion of " + 1 or 1D + ? + ) as the case ma% *e. ECC.-.-.-. If onl% 1 legitimate child.-. /egitimate ascendants alone.) 'artial Intestac% E.#ntire estate di(ided equall% among them. 9ree portion N 17" to illegitimate children.) Sur(i(ing spouse.) ".17) to the sur(i(ing spouse.#ntire estate.-. (Art. 1&.-. EC&. (Art.17" 9ree portion.17" to sur(i(ing spouse. /egitimate children and7 or descendants alone.17" or ) + ? + 1D ratio w7 share of a legitimate child. 4his is without pre=udice to the impairment of legitimes. /egitimate parents (or ascendants.) 'artial Intestac% C.#ntire estate shared equall%.) Illegitimate children.) /egitimate parents alone. (Art.17" Sur(i(ing spouse. /egitimate parents (or ascendants).-.-.Sur(i(ing spouse share equal to that of one legitimate child.-.17" 1D. /egitimate children Sur(i(ing spouse.#ntire estate di(ided equall% or ? + ) as the case ma% *e. A. EEC.-. (Art. Sur(i(ing spouse alone.17C to sur(i(ing spouse.17) Illegitimate children. of legitimate children O 1 (sur(i(ing spouse) N share of each #state ).-.-. (Articles EE) and EE?.Same share as a legitimate child Illegitimate children.Appl% Articles CCE and CED which are the rules on legitime.1 + " Illegitimate children.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 1.-. ?. (Art.-. 11. EE@.)-.17) 9ree portion.-. (Art.-.17" 9ree portion. /egitimate children and sur(i(ing spouse. (Art.) &.) Illegitimate children alone.) 'artial intestac% 1". 17" each.) 9ormula+ no. EEE. (Art. (Art.17" Illegitimate children.-. 1DDD.-.-. EE1.17" Sur(i(ing spouse. EEA.-.17@ to *oth. @. /egitimate children and illegitimate children.-.

-.entire estate 9ree portion.-.#ntire estate with the ratio of " + 1 *etween full and half *lood. . :p to the fifth degree onl%.) "1.per capita. :ncles and aunts.-.-. .17" 9ull + 8alf N " + 1 9ree portion N 17" to illegitimate *rothers and sisters and nephews and nieces (Art. EE&. Sur(i(ing spouse.-.17" Illegitimate *rothers and sisters.) 1E.) 1@.none. add 17@ to free portion once the legitime of the wife is reduced to 17& (Art. EE). (Art. (Articles 1DD) and 1DD@.) "D.-.#ntire estate with the ratio of " + 1 *etween full and half *lood.ephews and nieces e$clude uncles and aunts e(en if the% ma% *e *oth onl% three (&) degrees awa% from the decedent. 1DD1.-. /egitimate *rothers and sisters and nephews and nieces.ephews and nieces inherit *ec.-. Appl% the rules for nephews and nieces stated in num*er 1E (none. .o distinction *etween full and half *lood *.per stirpes. . 1A.#ntire estate di(ided according to earlier rules.o representation c.-.) Right of representation. 3hildren of an% 6ind.-.-. "&. Per capita. .-.) 1).) "".-. -ther collaterals.ephews and nieces. *. .17" /egitimate *rothers and sisters and nephews and nieces.-.#ntire estate in equal shares Rules+ a..one.#ntire estate.-. (Art.-.) Illegitimate parents alone. (Articles EA? and 1DDC.) 1?.) 'A<# 1"D . 1DDE *% inference.-. (Art.-.0hole estate di(ided in the ratio of " + 1 *etween full and half *lood.ephews and nieces inherit *% representation. nephews and nieces (if decedent is illegitimate). /egitimate *rothers and sisters alone. . 1C.17" full + half N " + 1 9ree portion N 17" to *rothers and sisters and nephews and nieces If marriage is in articulo mortis. 2orromeo. all *rothers and sisters predecease. Sur(i(ing spouse.. (Articles 1DD? and 1DDC. 2aca%o (.earer e$cludes the more remote d.#ntire estate with the ratio of " + 1 *etween full and half *lood a. Illegitimate *rothers and sisters and nephews and nieces. (Articles 1DDE and 1D1D.) Illegitimate parents. 4his applies onl% if the decedent is also illegitimate.17" to illegitimate parents.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 9ree portion N 17) to *oth (no article.ephews and nieces alone. EE&.

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

In case of an illegitimate decedent. collaterals are onl% up to nephews and nieces. "). 4he State.-- the entire estate. (Art. 1D11.)

,-4#+ 9ollow the rules e$cept num*ers " and ) which requires two (") steps. ,um*ers " and ) are tric6% *ecause %ou ma% end up impairing the legitime. R#M#M2#R+ /egitimes cannot *e impaired. <ood ,ews+ Fust follow the rules. the legitimes will ne(er *e impaired. 4he% are automaticall% co(ered *% the rules. 2ad ,ews+ Art. EC&. which co(ers the com*ination of legitimate and illegitimate children. might impair the legitime.

Illustration+ G;s estate is worth '1CD.DDD. G ------------------------------L L + + + + + 2 3 # 9 <

A

1. If %ou follow Art. EC& literall%. " + " + 1 + 1 + 1 + 1 + 1 assuming the decedent died after the 9amil% 3ode too6 effect. A N )D.DDD 2 N )D.DDD 3 N "D.DDD N "D.DDD # N "D.DDD 9 N "D.DDD 9 N "D.DDD < N "D.DDD 2ut the legitime of A and 2 is impaired. /egitime of A and 2 N ED.DDD Share of A and 2 CD.DDD /egitime lac6s 1D.DDD ". Since Art. EC& impairs the legitime. follow this two- step process+ a. <i(e the legitime first. (<i(e to the legitimate first *efore the illegitimate.) *. (i) If there is an e$cess. di(ide it according to the ratio of " + 1 or 1D + ? + ) depending on the circumstances. (ii) If lac6ing. reduce the share of illegitimate children pro+rata. In the illustration+ A N )?.DDD

'A<# 1"1

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

2 N )?.DDD 3 N "".?DD N "".?DD # N "".?DD 9 N "".?DD < N "".?DD 4-4A/ "D".?DD 4he estate lac6s "".?DD Reduce the shares of illegitimate children pro+rata N "".?DD7 ? N ).?DD each. 4he share of each illegitimate child will equal 1C.DDD. ,ote+ 1. An adopted child is treated as a legitimate child. ". Spouse recei(es shares if+ a. 4he (alid is marriage *. Hiola*le *ut not annulled If legall% separated. appl% the same rules as in legitimes.

'A<# 1""

Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM

C%a"ter > PRO=ISIONS CO##ON )O )ES)A)E AN* IN)ES)A)E SUCCESSIONS Section &.++ #ight of %ccretion. 2alane+ (4he right of accretion) ta6es place in+ (1) testamentar% succession (") intestate succession 2ut not with respect to legitimes.-- Art. 1D"1 par. ". 4his pro(ision was copied from the -33 and is inapplica*le now *ecause it was used for the me/ora. 8owe(er. it must still *e applied.

Art. &D&A. Accretion is a rig%t by virtue of $%ic%; $%en t$o or !ore "ersons are ca ed to t%e sa!e in%eritance; devise or egacy; t%e "art assigned to t%e one $%o renounces or cannot receive %is s%are; or $%o died before t%e testator; is added or incor"orated to t%at of %is co+%eir; co+devisees; or co+ egatees. Art. &D&(. In order t%at t%e rig%t of accretion !ay taEe " ace in a testa!entary succession; it s%a be necessary: .&/ )%at t$o or !ore "ersons be ca ed to t%e sa!e in%eritance; or to t%e sa!e "ortion t%ereof; pro indiviso; and .:/ )%at one of t%e "ersons t%us ca ed die before t%e testator; or renounce t%e in%eritance; or be inca"acitated to receive it. 2alane+ Articles 1D1? and 1D1@. Requisites+ 1. 4wo or more heirs. de(isees and legatees are called to the same inheritance. de(ise or legac% pro+indi#iso. Pro indi#iso means without designation of parts or the portions are undi(ided. ". -ne of the persons called+ a. ie *efore the testator *. Renounce the inheritance c. 2e incapacitated to recei(e it. ,ote+ 4hese are the same causes for su*stitution. Su*stitution 1. predecease ". incapacit% Accretion 1. predecease ". incapacit% Representation 1. predecease ". incapacit%

'A<# 1"&

0h%1 2ecause there is no representation in renunciation. 5I gi(e ?DDD to A and 2 in equal shares. renunciation &.-. can accretion appl%1 (i) >es.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM &. accretion applies.o. s%a not e?c ude t%e rig%t of accretion. Accretion will not appl% according to commentators. &D&C. t%oug% designating an a i. it is presumed that it is in equal shares. In intestac%.-. If unequal shares. &D&'.Art. In renunciation. 2alane+ Accretion ta6es place onl% if there is no representation. Art.DDD. t%ere s%a be a rig%t of accretion.Art. a. disinheritance #$amples+ 1. )%e $ords Bone+%a f for eac%B or Bin e.5 4his seems to impl% accretion. accretion cannot ta6e place. Art. 17) 2 and 17C to 3. Some rules from Art. renunciation &. ". 5I gi(e ?DDD to A and 2.ua s%aresB or any ot%ers $%ic%. 'A<# 1") . 0hat is required is that it *e pro indi#iso. then accretion will appl%. 1D1A. If there is no su*stitution.-. Is it possi*le to ha(e unequal pro indi#iso shares1 >es. 1D1@ (ii) . )%e %eirs to $%o! t%e "ortion goes by t%e rig%t of accretion taEe it in t%e sa!e "ro"ortion t%at t%ey in%erit. appl% representation first. If sharing is not the same.5 It is not required that the% *e in equal shares. 4his applies onl% to intestac% and testamentar% succession.uot "art. &.5 If A dies and does not ha(e an% children or descendants. If there is none. In testamentar% succession. 1D1C *% implication+ 1. it should *e 5without an% particular designation of shares. 5#qual shares5 ma6es e$plicit what is implied *ecause if nothing is said. appl% su*stitution first. Pro indi#iso is not a good phrase. then accretion will appl%. *. ". As long as the% are 5undi(ided. accretion will ta6e place. if t%e s%are of eac% %eir is not ear!arEed.5 If equal shares. In ega succession t%e s%are of t%e "erson $%o re"udiates t%e in%eritance s%a a $ays accrue to %is co+%eirs. do not identify it by suc% descri"tion as s%a !aEe eac% %eir t%e e?c usive o$ner of deter!inate "ro"erty. Art.?DD *% accretion. there is alwa%s accretion.5 Accretion will still appl%. 2 will get ?. 5I gi(e 17" to A.5 5aliquot5 or 5a*stract. "?DD *% his own right and ". &D&7. In case of !oney or fungib e goods. &.3ommentators.

". 2alane+ 1. then the representati(e should (also) get the accretion.DDD. )%e %eirs to $%o! t%e in%eritance accrues s%a succeed to a t%e rig%ts and ob igations $%ic% t%e %eir $%o renounced or cou d not receive it $ou d %ave %ad.s share acquired *% the others *% accretion 1?D a1 and a" get accretion *ec. 3an representati(es get accretion1 >es. A predeceased G.DDD Share of 3 di(ided in the proportion the% were to inherit.DDD O )D. 4his applies in intestac% and not to testamentar% (succession. a1 and a" get A? each *% right of representation. #$ample. a1 and a" N 1?D O ?D N "DD 3 N 1?D O ?D N "DD N 1?D O ?D N "DD 2. &D:D. 3o-heirs get (their) share with the same o*ligations and conditions.DDD N ")D. If 3 predecease G. G A 2 3 #state N @DD. In intestac%. full and half *lood. the% represent A in A. 4he% stand in the same position as a person represented.DDD N ")D. then 1?D each. of designation of shares.DDD O "D. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 4his implies proportion is different. If all present.. If person represented will get the accretion.DDD O )D. and "? each *% accretion.DDD 3 N "DD. it is possi*le to ha(e different shares. then 2 N "DD.DDD N 1"D.s rights as if A is still around.) In testamentar% (succession). Illustration+ a1 ------A 7 L M a" L L ----2 G ----L L ----3 L ----#state is worth @DD.g. 'A<# 1"? . #. 2 renounced.DDD N 1DD. shares are alwa%s equal *ec.

1D&". Applies onl% to incapacit% *% will. Accretion s%a a so taEe " ace a!ong devisees. the foetus is considered ali(e from the moment egatees and 'A<# 1"@ . Section :. if no substitute %as been designated. Applies to *oth. Incapacit% to succeed *% will. (Art. )1. t%e ot%er co+%eirs s%a succeed to in t%eir o$n rig%t. par. 1D"C (applica*le onl% in testamentar% succession.) Art.-.5 4his is wrong.-.Articles 1D"A. 1D&). or to any of t%e! and to a stranger.!b intestato refers *oth to legitime and intestac%. &D:>. s%a "ass to t%e ega %eirs of t%e testator. In testa!entary succession.-. 2alane+ 'ar. Art.-. Illustration+ G 7 L M A 2 3 L *1 1. &D:&. 2alane+ <eneral rule+ Succession opens at the death of the decedent. when proper.Articles 1D"A. 2 dies on Fan. G dies in March 1EE@. $%en it is "ro"er. a. $%en t%e rig%t of accretion does not taEe " ace. are the% applica*le to intestac%1 . 'ar. 4he representati(e must *e ali(e when the decedent dies.) 4he heir must *e ali(e when succession opens.) *. $%o s%a receive it $it% t%e sa!e c%arges and ob igations. Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art.++ Capacity to &ucceed "y Will or "y Intestacy. t%e vacant "ortion of t%e instituted %eirs. t%e %eir. S%ou d t%e "art re"udiated be t%e egiti!e. 4he same as Art. 1D"C and 1D&". &D::.Mista6e .ua y a"" icab e to intestate succession. &D:8. In order to be ca"acitated to in%erit.s wife is pregnant. AAA. A c%i d a ready conceived at t%e ti!e of t%e deat% of t%e decedent is ca"ab e of succeeding "rovided it be born ater under t%e conditions "rescribed in artic e >&.ot all. A!ong t%e co!"u sory %eirs t%e rig%t of accretion s%a taEe " ace on y $%en t%e free "ortion is eft to t$o or !ore of t%e!. e?ce"t in case of re"resentation. ". )%e "rovisions re ating to inca"acity by $i are e. usufructuaries under t%e sa!e conditions estab is%ed for %eirs. 0as *1 ali(e when G died1 >es. #$ception+ 5In case of representation. Persons not inca"acitated by a$ !ay succeed by $i or a" intestato.not true. Art. @. 1D"A. paragraphs 1 to ?. *1 is *orn in Ful% 1EE@. and not by t%e rig%t of accretion. 2. 1EE@. 1. &D:A. Art. devisee or egatee !ust be iving at t%e !o!ent t%e succession o"ens.

Art. nurse. organiHations. 5I gi(e 17& of m% estate to a(id-. educationa . 2 then *ecomes seriousl% ill. associations and cor"orations not "er!itted by a$ to in%erit. un ess t%ere is a "rovision to t%e contrary in t%eir c%arter or t%e a$s of t%eir creation. even if t%e testator s%ou d die after t%e a""rova t%ereof9 nevert%e ess. t%e c%urc%. #$ample num*er 1. G dies in 1EEA. 3an *1 represent 21 . 4he nephew claiming. the priest pro(ided that his estate will go to an% of the nephews who ma% enter the priesthood. s"ouse. It has no =uridical personalit% Artic e &D:7. sister. organiHation. A ot%er cor"orations or entities !ay succeed under a $i . 1. par.a(ato -rganiBation. )%e fo o$ing are inca"ab e of succeeding: . 4his is not an e$ception *ec. howe(er. at the time of the death of the decedent. or any one c ai!ing under suc% $itness. 2alane+ . co!!unity. "arents. As such . 2alane+ I+ 3an %ou ma6e a testamentar% disposition in fa(or of =uridical persons1 A+ >es. any "rovision !ade by t%e $ard in favor of t%e guardian $%en t%e atter is %is ascendants. or t%e !inister of t%e gos"e $%o e?tended s"iritua aid to %i! during t%e sa!e "eriod9 .:/ )%e re atives of suc% "riest or !inister of t%e gos"e $it%in t%e fourt% degree. 8e was not li(ing at the time G died. is a friend of 2. a non-incorporated org. A testa!entary dis"osition !ay be !ade to t%e State. #$ample num*er ". t%e s"ouse.In the case.>/ Any attesting $itness to t%e e?ecution of a $i . 2 is disinherited in 1EE@. "rivate cor"orations. 'arish 'riest of Hictoria (. Art. s%a be va id9 . a priest.. howe(er. a priest. ". %ea t% officer or druggist $%o tooE care of t%e testator during %is ast i ness9 . cu tura .(/ Individua s. Rigor -.5 Is this (alid1 . 2 regularl% goes to confession to A.&/ )%e "riest $%o %eard t%e confession of t%e testator during %is ast i ness. and a $ays sub6ect to t%e sa!e. *1 is *orn in 1EEE.8/ A guardian $it% res"ect to testa!entary dis"ositions given by a $ard in %is favor before t%e fina accounts of t%e guardians%i" %ave been a""roved.o.o. A. c%a"ter. scientific. A. *1 is ali(e. surgeon. descendant. order. a. *.um*ers 1 to ? ha(e no application to legitimes. the nephew cannot inherit. or associations for re igious.o. #. -n his death*ed. or c%aritab e "ur"oses. &D:(.A/ Any "%ysician. if allowed *% their charter. 4he% must e$ist. or c%i dren9 . !unici"a cor"orations. 4hin6ing he 'A<# 1"A . was *orn after the priest had died. or c%i dren. "rovinces. or s"ouse. brot%er. or institution to $%ic% suc% "riest or !inister !ay be ong9 . "arents.g.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM of conception. 1D"?. 3an *1 inherit from G1 . 8e e$ecutes a will instituting A to 17& to his estate. Is this testamentar% disposition (alid or is A capacitated to inherit from 21 >es. G ma6es a will instituting >.

3ommentators agree that this also co(ers guardians o(er the person *ec.5-espite this apparent restriction to 3hristian ministers. 3. the priest can inherit. G calls > to confess. 4his is harder to pro(e. 1. health officer or druggist. <uardian <eneral rule+ isqualification applies when the disposition is made+ After the guardianship *egan (*eginning of the guardianship) --. %ou ha(e to show that the testamentar% *enefaction gi(en to the wife was meant to *enefit the minister.. the latter ha(e more opportunit% to influence the ward. &. If the confession was made *efore the will was made and the priest is the son of the sic6 person. this applies to all spiritual ministers.) #$ception+ isposition is (alid when the guardian is an ascendant. *. sister or spouse. 0hat do %ou do1 Appl% Art. 8e can get the legitime. can the priest inherit upon the death of the sic6 person1 >es. the priest is still disqualified.. Requisites+ a. *rother. If the will is made first. e. 1 appl%. 0h%1 2ecause it is conclusi(el% presumed that the spiritual minister used his moral influence to induce or influence the sic6 person to ma6e a testamentar% disposition in his fa(or. If the priest were a *rother1 >es. Attesting witness. 4o disqualif% the spouse. Relati(es of the priest of minister of the gospel 4his widens the disqualification in A. 4he omission in the case of the priest was stupid. 8e can inherit *% intestac%. -mission was made of the spouse of the minister of the gospel. 3orrelate this w7 Art. #. 1D&1. spouse. Is > capacitated to inherit from G1 >es. descendant. are disqualified. . 1. ".2efore termination of guardianship (appro(al of final accounts or lifting of guardianship.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM will die. 2uddhist mon6s. 4he will was made during the last illness *. 'A<# 1"C . 0h%1 4he% were deri(ed different laws. 4he will was e$ecuted during or after the spiritual ministration. in other words.. 2. 5'riest or minister of the gospel. 4he spiritual ministration must ha(e *een e$tended during the last illness c.g. isqualification applies onl% to testamentar% dispositions. 4his e$ception is not present in the case of a priest. <eneral rule+ 0itness. surgeon. Seems to refer onl% to guardian of the propert%. #$ception+ If there are three (&) other witnesses to the will. E"&. nurse. 0hen does par. If simultaneous.. when is the priest incapacitated to succeed1 a. ". 'h%sician. 0hen the confession is made prior to the ma6ing of a will.

Art. &. In a t%ese cases. &. &D:'. t%e a""rova of t%e Court of 4irst Instance s%a be necessary. t%e action for dec aration of nu ity !ay be broug%t by t%e s"ouse of t%e donor or donee9 and t%e gui t of t%e donor and donee !ay be "roved by "re"onderance of evidence in t%e sa!e action. and t%e !unici"a treasurer. in genera ter!s and $it%out s"ecifying it a"" ication.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 4he latter must ha(e ta6en care of the sic6 person. s%a be dee!ed i!ited to t%e "oor iving in t%e do!ici e of t%e testator at t%e ti!e of %is deat%. and t%e ot%er %a f to t%e State. Medical attendance was made. )esta!entary "rovisions in favor of t%e "oor in genera . &D:C.:/ )%ose !ade bet$een "ersons found gui ty of t%e sa!e cri!ina offense. descendants and ascendants. t%e !ayor. 4he will was made during the last illness ". Requisites+ 1. by t%e 6ustice of t%e "eace. )%e designation of t%e "ersons $%o are to be considered as "oor and t%e distribution of t%e "ro"erty s%a be !ade by t%e "erson a""ointed by t%e testator for t%e "ur"ose9 in defau t of suc% "erson.8/ )%ose !ade to a "ub ic officer or %is $ife. Art. 4he sic6 person must ha(e *een ta6en cared of during his last illness. un ess it s%ou d c ear y a""ear t%at %is intention $as ot%er$ise. )%e "ro%ibitions !entioned in artic e 78'. Art.&/ )%ose !ade bet$een "ersons $%o $ere gui ty of adu tery or concubinage at t%e ti!e of t%e donation9 . 2alane+ isposition in fa(or of+ (a) pra%ers! (*) pious wor6s-. for t%e "ur"oses !entioned in artic e &D&8. In t%e case referred to in No. 1D"E. 2alane+ 4his applies onl% to testamentar% succession. S%ou d t%e testator dis"ose of t%e $%o e or "art of %is "ro"erty for "rayers and "ious $orEs for t%e benefit of %is sou . $it% t%e courtGs a""rova s%a de iver one+%a f t%ereof or its "roceeds to t%e c%urc% or deno!ination to $%ic% t%e testator !ay be ong. by reason of %is office. 'A<# 1"E . &D8D. 4his is *ecause of Art.for the soul of the testator. )%e "receding "aragra"% s%a a"" y $%en t%e testator %as dis"osed of %is "ro"erty in favor of t%e "oor of a definite oca ity. )%e fo o$ing donations s%a be void: . to be used for suc% "rayers and "ious $orEs. concerning donations inter vivos s%a a"" y to testa!entary "rovisions. in consideration t%ereof9 . this is not a disposition in fa(or of an un6nown person. by t%e e?ecutor9 and s%ou d t%ere be no e?ecutor. t%e e?ecutor. $it%out designation of "articu ar "ersons or of any co!!unity.uestions t%at !ay arise. $%o s%a decide by a !a6ority of votes a . 17" to the 3hurch which the testator *elongs and 17" to the State. 4he will was e$ecuted during or after he was *eing ta6en cared of. Artic e 78'.

Illustration+ A. 4his is limited to the poor li(ing at the domicile of the testator upon his death. 9alsif%ing or forging a supposed will of the decedent.8/ Any "erson $%o %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore. &. Art. or $%o su"" ants. or atte!"ted against t%eir virtues9 . t%ere is no ob igation to !aEe an accusation9 . 0hat is the scope of domicile1 oes it refer to countr%. if t%e accusation %as been found to be ground ess9 . 4his is not clear.:se of a (a) dumm%! (*) contract Artic e &D8:. %is or %er s"ouse. or !ade t%roug% an inter!ediary.:/ Any "erson $%o %as been convicted of an atte!"t against t%e ife of t%e testator. A and C co(er si$ (@) cases of acts relating to a will+ a. concealing. descendants or ascendants9 . or altering the testator.um*er ) has no application *ecause there is no o*ligation to accuse. s%a be void. or fro! revoEing one a ready !ade. -nl% a ci(ic or moral dut% *ut not a legal dut%. if there are no a and *.A/ Any "erson convicted of adu tery or concubinage $it% t%e s"ouse of t%e testator9 . son of 2. 'erson appointed *% the testator for that purpose *. C@A. 3ausing the testator to ma6e a will *. &D8&. un ess t%e aut%orities %ave a ready taEen action9 t%is "ro%ibition s%a not a"" y to cases $%erein. ). the court appoints an administrator. 3ausing the testator to change an e$isting will c. ". %ou cannot do indirectl%.7/ Any "erson $%o by t%e sa!e !eans "revents anot%er fro! !aEing a $i . concea s. 2alane+ <rounds 1. 4here is no conflict with disinheritance despite similar grounds. 4his ne(er happens *ec. . 4his is the same as Art.>/ Any %eir of fu age $%o. s%ou d fai to re"ort it to an officer of t%e a$ $it%in a !ont%. M43 =udge. Supplanting. 're(enting the testator from re(o6ing his will e. 4here is no law that o*ligates to accuse.ua ified "erson. pro(ince. according to a$. )%e fo o$ing are inca"ab e of succeeding by reason of un$ort%iness: . %aving Eno$ edge of t%e vio ent deat% of t%e testator. or undue inf uence s%ou d cause t%e testator to !aEe a $i or to c%ange one a ready !ade9 . .Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 1. tries to 6ill 2. A testa!entary "rovision in favor of a dis. inti!idation.um*ers @. If 2 disinherits him 'A<# 1&D . par. #$ecutor c. municipal treasurer.&/ Parents $%o %ave abandoned t%eir c%i dren or induced t%eir daug%ters to ead a corru"t or i!!ora ife. 2alane+ 0hat %ou cannot do directl%. ma%or. 're(enting the decedent from ma6ing a will d. 2 ma% disinherit him or not.-.s will. vio ence. cit% or *aranga%1 ".(/ Any "erson $%o by fraud. 0ho is to designate1 (In the order of preference) a. ? and @ are the same as in disinheritance. or a ters t%e atterGs $i 9 .C/ Any "erson $%o fa sifies or forges a su""osed $i of t%e decedent. f. even t%oug% !ade under t%e guise of an onerous contract.

If t%e "erson e?c uded fro! t%e in%eritance by reason of inca"acity s%ou d be a c%i d or descendant of t%e decedent and s%ou d %ave c%i dren or descendant. 4o ma6e the rules of unworthiness appl% would *e gi(ing precedence to the presumed will o(er the e$press will. t%e atter s%a ac. E1E .ua ification at t%e ti!e of t%e deat% of t%e decedent s%a be t%e criterion. e(en if 2 did not disinherit A. >. E1E. In cases fa ing under Nos. 2alane+ 1.-. ".3onsider *oth time of compliance and time of death of the decedent. 0hat rule do %ou appl% if the reason for disinheriting was a common ground1 a. %e s%ou d condone t%e! in $riting.o. :. &D88. 4his is strange.-. If %ou follow the rules of unworthiness. it is presumed that the testator had pardoned the offender. devisee or egatee. If t%e institution. 5Jnown su*sequentl%. If %ou follow the rules of disinheritance.presumed will -. *.-. If disinherited under Art. then A is disqualified to inherit.eeds written pardon. In the common grounds. there must *e a pardon in writing.3onditional. correlate with par. Art. 1D&& . %aving Eno$n of t%e! subse.-. &. 1 of Art. isinheritance in the will is redundant. there is dou*le disinheritance. %ou do not ha(e to disinherit in Art.e$press will -. )%e "erson so e?c uded s%a not en6oy t%e usufruct and ad!inistration of t%e "ro"erty t%us in%erited by %is c%i dren.-.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM under Art.. no e$ceptions.4ime of death.0ait for final =udgment when con(iction is needed.reconciliation is enough In Art. 'A<# 1&1 . 'ro*lem arises if the testator made a will disinheriting.5-. t%e e?"irattion of t%e !ont% a o$ed for t%e re"ort. devise or egacy s%ou d be conditiona . Art.. 3ommentators. *. )%e causes of un$ort%iness s%a be $it%out effect if t%e testator %ad Eno$ edge t%ereof at t%e ti!e %e !ade t%e $i .>es. & and ?. E1E. of Art. In order to 6udge t%e ca"acity of t%e %eir. 8owe(er.-.In this case. 4he time succession opens.uent y. it s%a be necessary to $ait unti fina 6udg!ent is rendered. 8 or A of artic e &D8:. 2alane+ 4ime to =udge the capacit% of the heir. 1D&&. incapacit% to disinherit is lifted *% reconciliation. 'ar. E1E since the effect of Articles E1E and 1D&" are the same. 'ar. 'ro*lem+ In disinheritance. 'ar. Art.-. 1D"?. &D8>. A is incapacitated to inherit *ec. %is .<rounds ". or if. 58ad 6nowledge at the time he made the will.Rules of disinheritance should appl%. ". &D8A. and in t%e case fa ing under No.-. 1D&". In Art. t%e ti!e of t%e co!" iance $it% t%e condition s%a a so be considered.needs written pardon. 2ut in Art.uire %is rig%t to t%e egiti!e.5-. 1. a.

4his co(ers the legitime and intestac%. It does not mention intestate share onl% legitime. 2alane+ 'ossessor in *ad faith means he 6nows that he is incapacitated. 2alane+ Right of heir to reco(er the inheritance must *e e$ercised within fi(e %ears. )%e un$ort%y %eir $%o is e?c uded fro! t%e succession %as a rig%t to de!and inde!nity for any e?"enses incurred in t%e "reservation of t%e %ereditary "ro"erty. and acts of ad!inistration "erfor!ed by t%e e?c uded %eir. disregarding t%e "ro%ibition stated in t%e "receding artic es. 0h%1 2ecause Art. s%a be ob iged to return it toget%er $it% its accessions. &D87. 2alane+ 4his applies the doctrine of innocent purchaser for (alue without pre=udice to the right to damages of the pre=udiced heirs against the incapacitated heir. Art. A ienations of %ereditary "ro"erty. entered into "ossession of t%e %ereditary "ro"erty. Art. Any "erson inca"ab e of succession.ua ified %eir.ua ified "erson tooE "ossession t%ereof. fruits and rents. whether he *e in good or *ad faith in Art. &D8'. 1D&? assumes that the free portion has *een disposed of completel%.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 4his grants right of representation to children or descendants of incapacitated children or descendants. and to enforce suc% credits as %e !ay %ave against t%e estate. 2ut if not. or cou d %ave received t%roug% t%e e?ercise of due di igence. Art. Section 8. before t%e 6udicia order of e?c usion. Ca"acity to succeed is governed by t%e a$ of t%e nation of t%e decedent. )%e action for a dec aration of inca"acity and for t%e recovery of t%e in%eritance. 8e must return the propert%. are va id as to t%ird "ersons $%o acted in good fait%9 but t%e co+%eirs s%a %ave a rig%t to recover da!ages fro! t%e dis. ))&. )%e acce"tance or re"udiation of t%e in%eritance is an act $%ic% is 'A<# 1&" . It !ay be broug%t by any one $%o !ay %ave an interest in t%e succession. Art. Art.ecessar% e$penses for preser(ation. &D>D. &D8C. Art. &D>&. devise or egacy s%a be broug%t $it%in five years fro! t%e ti!e t%e dis. $%o. &D8(.++ %cceptance and #epudiation of the Inheritance. 2alane+ 4his is the right gi(en to e(er% possessor. . then intestate share is included. 1e s%a be iab e for a t%e fruits and rents %e !ay %ave received.

". Art. &D>8.) Art. &D>:. Any "erson %aving t%e free dis"osa of %is "ro"erty !ay acce"t or re"udiate an in%eritance.-.-. =udicial appro(al is necessar%. 2alane+ 'ar.-. Rules for acceptance are more li*eral than the rules of renunciation *ecause the former are *eneficial to the heir while the latter is pre=udicial to the heir. In case an heir is incompetent7 insane or a minor. institutions and entities .ua ified to ac. court appro(al is necessar% *ec. t%e a""rova of t%e court s%a be necessary. 'A<# 1&& .(a) (oluntar%! (*) free ". Art. )%e a$fu re"resentatives of cor"orations. associations. AAA which states that 5the right to the succession are transmitted from the moment of the death of the decedent.Minors or incapacitated can inherit through their parents or legal guardians. *. but in order to re"udiate it. &D>A. 2alane+ 1.uire "ro"erty !ay acce"t any in%eritance eft to t%e atter. 2ut to renounce.ot restricted in his capacit% to act. 2asic Rules a.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM "ure y vo untary and free. Acceptance. 1. Any in%eritance eft to !inors or inca"acitated "ersons !ay be acce"ted by t%eir "arents or guardians. 'ar. Parents or guardians !ay re"udiate t%e in%eritance eft to t%eir $ards on y by 6udicia aut%oriHation. Pub ic officia estab is%!ents can neit%er acce"t nor re"udiate an in%eritance $it%out t%e a""rova of t%e govern!ent. of a. or in t%eir defau t to t%ose !entioned in artic e &D8D. Art. )%e effects of t%e acce"tance or re"udiation s%a a $ays retroact to t%e !o!ent of t%e deat% of t%e decedent. No "erson !ay acce"t or re"udiate an in%eritance un ess %e is certain of t%e deat% of t%e "erson fro! $%o! %e is to in%erit. -f age *. )%e rig%t to acce"t an in%eritance eft to t%e "oor s%a be ong to t%e "ersons designated by t%e testator to deter!ine t%e beneficiaries and distribute t%e "ro"erty. acceptance or repudiation must *e made *% a representati(e. and of %is rig%t to t%e in%eritance. &D>(. In case of renunciation.Must ha(e capacit% to dispose of the propert%. .5 Art. 2alane+ 4his article requires+ (a) certaint% of death! (*) right to inherit (is esta*lished. 2alane+ 4his is *ecause of Art. a. 2alane+ Acceptance needs a lawful representati(e while renunciation needs court appro(al. &D>>.

2alane+ 'ar. t%e tit e or ca"acity of an %eir %as not been assu!ed. If he renounces. ". In this case. #$ception+ If she is insane. 1D?A.:/ If t%e %eir renounces t%e sa!e. he can onl% accept through a guardian. 1D?D.-. 8e ma% accept or renounce personall% or through an agent.Art. or to any of t%e!9 . 2alane+ 9orms of acceptance+ 1. &. &DAD. A tacit acce"tance is one resu ting fro! t%e acts by $%ic% t%e intention to acce"t is necessari y i!" ied. *eaf+!utes $%o can read and $rite !ay acce"t or re"udiate t%e in%eritance "ersona y or t%roug% an agent.-.8eir is reall% gi(ing it-. t%roug% suc% acts. Art. donates. &D>C. or to %is co+%eirs. An e?"ress acce"tance !ust be !ade in a "ub ic or "rivate docu!ent.-. A !arried $o!an of age !ay re"udiate an in%eritance $it%out t%e consent of %er %usband. Acce"tance !ay be e?"ress or tacit. even t%oug% gratuitous y.8/ If %e renounces it for a "rice in favor of a %is co+%eirs indiscri!inate y9 but if t%is renunciation s%ou d be gratuitous. the heir must ha(e accepted it first 'A<# 1&) . ". &D>'. 1.-. t%e in%eritance s%a not be dee!ed as acce"ted. An in%eritance is dee!ed acce"ted: . Art. and t%e co+%eirs in $%ose favor it is !ade are t%ose u"on $%o! t%e "ortion renounced s%ou d devo ve by virtue of accretion. Art. the marriage is not the reason for the incapacit%.Art. 2alane+ <eneral rule+ 2eing a deaf-mute is not a restriction on the a*ilit% to accept or renounce as long as he can read and write.-. 2alane+ <eneral rule+ A married woman ma% accept without the consent of her hus*and. S%ou d t%ey not be ab e to read and $rite. whether in a pri(ate or pu*lic document.-. the heir must ha(e accepted the inheritance. Implied.&/ If t%e %eirs se s.to do this. #$press.Results from acts from which intent to accept is implied.to do these acts.-. 4acit. for t%e benefit of one or !ore of %is co+%eirs9 . t%e in%eritance s%a be acce"ted by t%eir guardians.In clear and e$plicit terms. then it is deemed accepted. )%ese guardians !ay re"udiate t%e sa!e $it% 6udicia a""rova .If does not do an%thing w7in thirt% (&D) da%s. 'ar. #$ception+ If he cannot read or write.Acts of ownership-. Acts of !ere "reservation or "rovisiona ad!inistration do not i!" y an acce"tance of t%e in%eritance if. the renunciation needs court appro(al. howe(er. In writing. &D>7. or assigns %is rig%t to a stranger.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. or $%ic% one $ou d %ave no rig%t to do e?ce"t in t%e ca"acity of an %eir.

)%e re"udiation of an in%eritance s%a be !ade in a "ub ic or aut%entic instru!ent. Art. 4his assumes that %ou do not ha(e enough mone% to pa% %our creditors. to whom it would ha(e de(ol(ed *% accretion. -ne cannot renounce tacitl% or impliedl%. it !ay be ong. If t%e %eir s%ou d die $it%out %aving acce"ted or re"udiated t%e in%eritance %is rig%t s%a be trans!itted to %is %eirs. so!e of t%e! !ay acce"t and t%e ot%ers !ay re"udiate it. Art.-.4he right of the creditor to set aside dispositions or renunciations pre=udicial to them.-.Sells it-. )%e acce"tance s%a benefit t%e creditors on y to an e?tent sufficient to cover t%e a!ount of t%eir credits. 8ow much1 4o the e$tent to co(er the de*t onl%. If t%e %eir re"udiates t%e in%eritance to t%e "re6udice of %is o$n creditors. but s%a be ad6udicated to t%e "ersons to $%o!. if gratuitous in fa(or of co-heirs indiscriminatel%. Art. 2alane+ Illustration+ G ---------L L L A 2 3 ----L L L a*c 'A<# 1&? . &DA>. )%e e?cess. S%ou d t%ere be severa %eirs ca ed to t%e in%eritance. in accordance $it% t%e ru es estab is%ed in t%is Code. 'u*lic or authentic document ". or by "etition "resented to t%e court %aving 6urisdiction over t%e testa!entary or intestate "roceedings. t%e atter !ay "etition t%e court to aut%oriHe t%e! to acce"t it in t%e na!e of t%e %eir. &DA8. 2alane+ 9orms of renunciation+ 1. Art. 2alane+ !ccion Pauliana. 2alane+ 0h%1 2ecause the right has (ested in him at the time the decedent died. s%ou d t%ere be any. &. s%a in no case "ertain to t%e renouncer. 4he e$cess is gi(en to whom it would properl% *elong. Strict form is required. &DA&.must ha(e acquired something *efore %ou can sell. 8owe(er.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 'ar. 'etition presented to the court. then true renunciation. &DA:.

&DAA. once !ade. 0hen an un6nown will appears. . If a and * renounce. 'hilosoph% *ehind this is that testamentar% succession is superior to intestate succession. ". e?ce"t $%en it $as !ade t%roug% any of t%e causes t%at vitiate consent.ote+ /egitime is treated separatel%..-. whether he had 6nowledge that he was a testate heir or not.>ou cannot renounce what %ou do not 6now. $it%out Eno$ edge of %is being a testa!entary %eir. . If a "erson. $%o is ca ed to t%e sa!e in%eritance as an %eir by $i and a" intestato. is irrevocab e.o accretion ta6es place *etween a. #. #(en if he had 6nowledge. 2alane+ Implied acceptance.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM G died on Fan. 2it%in t%irty days after t%e court %as issued an order for t%e distribution of t%e estate in accordance $it% t%e Ru es of Court. and cannot be i!"ugned. re"udiates t%e in%eritance in %is ca"acity as a testa!entary %eir.4his ma% *e accepted or renounced separatel%. * and c. 'A<# 1&@ . 2alane+ If the heir is *oth a testate and intestate heir+ 1.-. #$ceptions+ 1.8e is deemed to ha(e renounced in *oth capacities. 1). then "7& of A.-. 2alane+ <eneral rule+ Irre(oca*ilit% of acceptance or repudiation. 2 renounces "7& of what he will get. 1EE@. A died on Fan. 'artial acceptance is allowed. %e is understood to %ave re"udiated it in bot% ca"acities. If he renounces in a testate capacit%. t%e %eirs. %e !ay sti acce"t it in t%e atter ca"acity. devisees and egatees s%a signify to t%e court %aving 6urisdiction $%et%er t%ey acce"t or re"udiate t%e in%eritance. &DA7. Art.-. Section >. Art. 0h%1 If the heir re=ected an e$press will. onl% his capacit% to inherit as an intestate heir is renounced. Hitiated consent. e. Art. If t%ey do not do so $it%in t%at ti!e.g. a. * and c get the rights of A. 1. An% of them ma% renounce.4he thirt% da% period is counted from the receipt of the order. )%e acce"tance or re"udiation of an in%eritance. when there is fraud ". If he renounces in an intestate capacit%. then he is deemed to ha(e re=ected the implied will.++ )!ecutors and %dministrators. he ma% want to accept the testate share to show respect for the will of the testator. 1EE@ without ha(ing accepted or repudiated the inheritance.s share is deemed renounced. &DA(.. 4he heir ma% accept the testate share and re=ect the legitime and (ice (ersa.g. S%ou d %e re"udiate it as an intestate %eir. or $%en an unEno$n $i a""ears. t%ey are dee!ed to %ave acce"ted t%e in%eritance.

computation.5-.etermine if the donation is chargea*le7 imputa*le to the legitime or the free portion. and in t%e account of t%e "artition. A cor"oration or association aut%oriHed to conduct t%e business of a trust co!"any in t%e P%i i""ines !ay be a""ointed as an e?ecutor.<et together all assets. $%o succeeds $it% ot%er co!"u sory %eirs. guardian of an estate.5collation done *% compulsor% heirs. return.9or the procedural aspects. If t%e assets of t%e estate of a decedent $%ic% can be a"" ied to t%e "ay!ent of debts are not sufficient for t%at "ur"ose. 4his will not happen if the legitimes are not impaired.-.-. su*tract the de*ts and add the donations to get the net hereditar% estate. EDC. 2alane+ 9irst sense. he would ha(e to gi(e *ac6 to the estate as much as is needed to complete the legitimes. &. Art. ". &D(D. 'A<# 1&A . in order t%at it !ay be co!"uted in t%e deter!ination of t%e egiti!e of eac% %eir. 2alane+ Articles 1D?C to 1D@D. &DAC. A !atters re ating to t%e a""oint!ent. 2alane+ efinition+ Steps ta6en to settle the estate to *e a*le to gi(e it to the heirs. "o$ers and duties of e?ecutors and ad!inistrators and concerning t%e ad!inistration of estates of deceased "ersons s%a be governed by t%e Ru es of Court. or trustee.-. 4hree (&) senses+ 1. there will *e a legitime. Section A. &D(&. "rovided t%at t%e e?"enses referred to in artic e ::>>.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. Restoration. during t%e ifeti!e of t%e atter. !ust bring into t%e !ass of t%e estate any "ro"erty or rig%t $%ic% %e !ay %ave received fro! t%e decedent.All donations are collated pro(ided there is at least one compulsor% heir *ec. Art. No. &mputation. &DA'. <eneral rule+ If compulsor% heir.++ If donation to a stranger e$ceeds the free portion. Art. or any ot%er gratuitous tit e. by $ay of donation.++ Collation. ad!inistrator. see Rules A& to E1 of the Rules of 3ourt. Computation. #$ception+ If testator has pro(ided otherwise.-. t%e "rovisions of artic es ::8' to ::A& on Preference of Credits s%a be observed. s%a be t%ose invo ved in t%e ad!inistration of t%e decedentGs estate. imputa*le to the legitime. C. in iEe !anner as an individua 9 but it s%a not be a""ointed guardian of t%e "erson of a $ard. Inaccurac% in the pro(ision. Every co!"u sory %eir. 4his is the same as the third step in Art.

4estamentar% isposition. &D(>. )%ey s%a a so bring to co ation a t%at t%ey !ay %ave received fro! t%e decedent during %is ifeti!e. it will *e imputed to the free portion. Art. aunts. 5<randchildren5 refer to all descendants who inherit *% representation. or if t%e donee s%ou d re"udiate t%e in%eritance."DD1 donation. G donated to 2 'AD. Pro"erty eft by $i is not dee!ed sub6ect to co ation. :nless.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. imputation. 4he heir gets legitime O testamentar% disposition. 2%en grandc%i dren. Co ation s%a not taEe " ace a!ong co!"u sory %eirs if t%e donor s%ou d %ave so e?"ress y "rovided. 'A<# 1&C . Art. in $%ic% case %is $is%es !ust be res"ected. of course. un ess t%e testator %as "rovided ot%er$ise. $ou d %ave been ob iged to bring. 1.1ECC donation. imputation. if a ive. in%erit fro! t%eir grand"arents in re"resentation of t%eir fat%er or !ot%er. 2alane+ Second sense. 0h%1 If not. 1.-. what is the use1 8e will get it an%wa%.DDD 0hat will *1 and *" impute when G dies1 'ar. (") onee repudiates the inheritance. #$ceptions+ (1) onor pro(ides otherwise. if t%e egiti!e of t%e co+%eirs is not "re6udiced.>es. G donated to *1 and *" '?D. or cousins.-. *1 and *" inherit *% representation. 4his is imputed against the free portion and not against the legitime. (Articles EDE. ". 'ar.DDD. un ess t%e donation s%ou d be reduced as inofficious. In such a case. $%o survive $it% t%eir unc es. 2alane+ Second sense. if it impairs the legitime of others. t%ey s%a bring to co ation a t%at t%eir "arents. 2 would ha(e imputed it (if he) were he ali(e. Illustration+ G 7 A 2 @ J *1 *" M 2 predeceased G. &D(8.>es *ec. even t%oug% suc% grandc%i dren %ave not in%erited t%e "ro"erty. but t%e egiti!e s%a in any case re!ain uni!"aired. 4his is not logical *ec. imputation. 4he general rule is that onl% persons who recei(e the donation are *ound to impute it. if t%e testator %as not ot%er$ise "rovided. 2alane+ Second sense.-. &D(:. In 1ECC.) <eneral rule+ onation to a compulsor% heir shall *e collated (imputed) to his legitime. ".-. E1D. In "DD1.

E?"enses for su""ort. G donates to A. Art.-. even in e?traordinary i ness. ordinary e. t%e su! $%ic% t%e c%i d $ou d %ave s"ent if %e %ad ived in t%e %ouse and co!"any of %is "arents s%a be M 'A<# 1&E . 2alane+ Second sense. impute 17" to legitime of A and 17" to the free portion. &D((. Neit%er s%a donations to t%e s"ouse of t%e c%i d be broug%t to co ation9 but if t%ey %ave been given by t%e "arent to t%e s"ouses 6oint y.ui"!ent.uired. &D(7. imputed to the free portion.33 and in the 93. 1. E?"enses incurred by t%e "arents in giving t%eir c%i dren a "rofessiona . Art. onl%.Including @ things in support in the 93. Impute (s. Art. imputation. Illustration+ G K A. 1D@A are not imputed to the legitime.o.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art.Support in the 93 alread% includes medical attendance. Rule+ onation gi(en to the spouse will not *e imputed to the legitime of the descendant spouse *ec. a""rentices%i". &D(A. G donated to a1. ++++A 4wo cases+ 1. 0ill A impute the donation to a11 . Parents are not ob iged to bring to co ation in t%e in%eritance of t%e ascendants any "ro"erty $%ic% !ay %ave been donated by t%e atter to t%eir c%i dren. vocationa or ot%er career s%a not be broug%t into co ation un ess t%e "arents so "rovide. In "DD1. computation. G donates to *oth A and A. -(erlap *etween support in the . 2alane+ 9irst sense.-. G dies while A is still ali(e. he is not a compulsor% heir. Illustration+ G 7 A 2 K @ J a1 *1 *" In 1EE?. 2alane+ Second sense. the spouse is considered a stranger. ". attendance. All e$penses in Art. t%e c%i d s%a be ob iged to bring to co ation one+%a f of t%e t%ing donated. &D(C. or custo!ary gifts are not sub6ect to co ation. education. or un ess t%ey i!"air t%e egiti!e9 but $%en t%eir co ation is re. ".. imputation. !edica . a1 is considered a stranger *ec. the free portion.

0edding gifts. 4his is inconsistent *ec. 2ut if %ou li(ed awa% from home. 2alane+ Second sense. return ".9irst and second senses. e ection e?"enses. 0h%1 2ec. *elow 171D of the free portion. )%e sa!e t%ings donated are not to be broug%t to co ation and "artition. 2alane+ 'ar.4wo (iews+ 1. s%a be for t%e benefit or account and risE of t%e donee. 4here are & children. 1. imputation. 2alane+ Second sense. 1. /iteral N &D. imputation. #$ceptions+ (1) 0hen parents pro(ide otherwise (") 0hen it impairs the legitimes of other compulsor% heirs. he was gi(en a gift of )D.-. fines. Art. s%a not be reduced as inofficious e?ce"t insofar as t%ey !ay e?ceed one+tent% of t%e su! $%ic% is dis"osab e by $i . a*o(e 171D of the free portion. 2edding gifts by "arents and ascendants consisting of 6e$e ry.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM deducted t%erefro!. ". 4his qualifies Art. &D7&. 2alane+ Second sense. If it e$ceeds. impute to the free portion 1D.-. be it accidenta or cu "ab e. imputation.) 'A<# 1)D . 0hat do %ou compute1 4he (alue at the time of the donation. deduct the li(ing e$penses from what would *e imputed against %our legitime. Any su!s "aid by a "arent in satisfaction of t%e debts of %is c%i dren. even t%oug% t%eir 6ust va ue !ay not t%en %ave been assessed. /i*eral. impute to the legitime.. this is included in support under the 9amil% 3ode. #. Art. )%eir subse. impute to the free portion *.-. /i*eral N &D.3annot *e *e%ond 171D of the free portion. but on y t%eir va ue at t%e ti!e of t%e donation.An% change in the (alue is for the account of the donee. &D('. 1D@A.uent increase or deterioration and even t%eir tota oss or destruction. the donee is the owner of the thing donated. and si!i ar e?"enses s%a be broug%t to co ation. impute to the legitime 1D. c ot%ing. /iteral. ". return the e$cess. computation and imputation. 'ar. #state is worth @DD. &D7D. /egitimes N &DD.g. impute to the legitime.-a. and outfit. Art. (Res perit domino. 4his is more than 171D of the free portion. <eneral rule+ Imputed (ersus the free portion.-. 0hen A got married.

c ass and . return. &D7:. 2alane+ Second sense. 1.similarl% (alued mo(a*le Art.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. Art. in "ro"erty of t%e sa!e nature. *.ua to t%at a ready received by %i!9 and %is co+ %eirs s%a receive and e. 2alane+ Second sense. onee ma% return+ (a) propert%! (*) cash (alue &. Applies if Art. one+%a f s%a be broug%t to t%e in%eritance of t%e fat%er. t%e co+%eirs s%a on y %ave a rig%t to se ect an e. )%at given by one a one s%a be broug%t to co ation in %is or %er in%eritance. S%ou d t%e "rovisions of t%e "receding artic e be i!"racticab e. ". there should *e among heirs of the same class. a. 4or t%e "ur"ose of ascertaining t%eir a!ount. 4he amount depends on how much of the propert% has to *e returned. Immo(a*les-. If t%e "ro"erty donated $as !ovab e. In partition. the legitime has *een impaired. -*ligation to return arises at the time of death. Mo(a*les-. equalit% not onl% as to (alue *ut also as to 6ind and nature. 1DA& is not possi*le. 2alane+ 4hird sense. Assume that the propert% donated has to *e returned *ec. 1. 'A<# 1)1 . )%e doneeGs s%are of t%e estate s%a be reduced by an a!ount e. to a contrar% agreement of the heirs concerned.ua ity as t%at sub6ect to co ation s%a be !ade t%e standard of assess!ent. 4he return ma% *e total or partial. In t%e co ation of a donation !ade by bot% "arents.uiva ent. computation and imputation. 17" computed for determination of the estate of the wife. Same rule for imputation w7 respect to the donee. as much as possi*le.cash or securities ". as !uc% as "ossib e. so !uc% of t%e ot%er "ro"erty as !ay be necessary s%a be so d at "ub ic auction. Art. at t%e rate of . of course.ua ity. 4his is su*=ect. &D7>. &D7A. imputation. if t%e "ro"erty donated $as i!!ovab e. imputation.uotation9 and s%ou d t%ere be neit%er cas% nor !arEetab e securities in t%e estate. 2alane+ 9irst and second senses.uiva ent in cas% or securities. )%e fruits and interest of t%e "ro"erty sub6ect to co ation s%a not "ertain to t%e estate e?ce"t fro! t%e day on $%ic% t%e succession is o"ened. 4he fruits are also returned from that time. Impute 17" to father and 17" to mother.uiva ent of ot%er "ersona "ro"erty of t%e in%eritance at its 6ust "rice. t%e co+%eirs s%a be entit ed to receive its e. and t%e ot%er %a f. &D78. 4his pro(ision contemplates =oint donation *% parents from their common propert%. 17" computed for determination of the estate of the hus*and. t%e fruits and interest of t%e "ro"erty of t%e estate of t%e sa!e Eind and . to t%at of t%e !ot%er.

As to $orEs !ade on t%e estate for t%e !ere " easure of t%e donee.4he donee. "rovided ade.++ Partition and $istri"ution of the )state. ". return. 2alane+ 4hird sense. If G has to return all. un ess t%e o$ner. t%e distribution of t%e estate s%a not be interru"ted for t%is reason. 1. &D7(.-. 1. return 17" of the fruits from the time of the death of A. ??? )%e de ivery of t%e "resu!"tive egiti!es %erein "rescribed s%a in no $ay "re6udice t%e u ti!ate successiona rig%ts of t%e c%i dren accruing u"on t%e deat% of eit%er or bot% of t%e "arents9 but t%e va ue of t%e "ro"erties a ready received under t%e decree of annu !ent or abso ute nu ity s%a be considered as advances on t%eir egiti!e. t%oug% t%ey !ay not %ave aug!ented its va ue.:seful e$penses. 8ow much1 It depends on how much is collated. has to *e reim*ursed the necessar% e$penses..-. t%e rig%t to re!ove t%e!.-.4a!i y Code. ::7.uate security is given.Appl% the same rules as in necessar% e$penses. t%e "roceeds t%us given in $%o e or in "art s%a not be c%arged to t%e c%i dGs egiti!e. 4hese are incidental o*ligations arising from collation in the third sense.4a!i y Code.g. donee.) 'ar.s right o(er the propert% is modified Art. %o$ever. A donated to G a mango plantation. Section (. ". and $%ic% e?ists at t%e ti!e t%e "artition is effected. . $%ic% %as been given to %i!.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM #. return all the fruits from the time of the death of A./ Art. 1DA?. S%ou d any . 'ar. Art. *eing the rightful owner. 8 t%ereof. )%e donee $%o co ates in Eind an i!!ovab e. If G has to return 17". no rei!burse!ent is due %i! for t%e!9 %e %as. )%e co+%eirs are bound to rei!burse to t%e donee t%e necessary e?"enses $%ic% %e %as incurred for t%e "reservation of t%e "ro"erty donated to %i!. &.-.. 2a(iera+ At the moment of death of donor. on the assumption that the donation is totall% inofficious. 'ar./ 2alane+ All three (&) senses.o right to reim*ursement *ut has the right to remo(e.uestion arise a!ong t%e co+%eirs u"on t%e ob igation to bring to co ation or as to t%e t%ings $%ic% are sub6ect to co ation. 'A<# 1)" . Art. If t%e "arents entrust t%e !anage!ent or ad!inistration of any of t%eir "ro"erties to an une!anci"ated c%i d. )%e c%i d s%a be given a reasonab e !ont% y a o$ance in an a!ount not ess t%an t%at $%ic% t%e o$ner $ou d %ave "aid if t%e ad!in+ istrator $ere a stranger. if %e can do so $it%out in6uring t%e estate.-. (same as Art. A&. . "ar. In any case. grants t%e entire "roceeds to t%e c%i d.-rnamental e$penses. &D77. !ust be rei!bursed by %is co+%eirs for t%e i!"rove!ents $%ic% %ave increased t%e va ue of t%e "ro"erty. t%e net "roceeds of suc% "ro"erty s%a be ong to t%e o$ner.

5 1. division and assign!ent of a t%ing %e d in co!!on a!ong t%ose to $%o! it !ay be ong. If with a will. 2%ere t%ere are t$o or !ore %eirs.5Separate. get---V i(ide (est in the heirs is still there among heirs things together #state (first immediate effect (second imme. After pro*ate. o$ned in co!!on by suc% %eirs. or its va ue. 4his is rele(ant if there are two or more heirs. c.ecedent dies intestate and there are no de*ts. *. Partition.-. )%e t%ing itse f !ay be divided. &D7C.-. is not *inding on the =udge.:pon agreement. (i) All the heirs agree among themsel(es. Fudicial (i) Settlement proceeding (ii) -rdinar% action on co-ownership ".'rocedural. ecedent dies---V Successional rights ---V 2ut propert%---V 3o-ownership---V #(entuall%.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Subsection &. the =udge will appoint a commissioner. 'A<# 1)& .-.-. 2alane+ 'artition. di(ide and assign. sub6ect to t%e "ay!ent of debts of t%e deceased. If the heirs do not agree on the partition . t%e $%o e estate of t%e decedent is. a. is t%e se"aration. Art. #$tra=udiciall%. 'ropert% will *e ad=udicated among the heirs accordingl%.-. 2alane+ efinition. &D7'.Fudge will di(ide *ut will first gi(e the heirs a chance to su*mit their own partition. howe(er. (ii) If registered propert% is included. pu*lish the partition in a pu*lic document (iii) <o to the Register of eeds to ha(e titles transferred *. 4he =udge will issue an order of partition. 4his pro=ect of partition. it must first *e pro*ated. <eneral 'rocedure a.and compute Among of death) diate effect of 8eirs death) Art. 3ommissioner will su*mit a pro=ect of partition to the =udge. before its "artition. partition is alread% (alid. d. the heirs can choose *etween+ (i) #$tra=udicial (ii) Fudicial. a special proceeding. 0a%s to go a*out partition. in genera .++ Partition.

In the case.-. Rule under the -33 -. IA3. 2% will-. as long as (it is) strictl% confine(d) to rules of intestate succession since there is no will. or !anufacturing enter"rise intact. 4he deeds of sale *etween 3oncepcion and her sisters are (alid *ec. by ordering t%at t%e egiti!e of t%e ot%er c%i dren to $%o! t%e "ro"erty is not assigned.ma6ing two things+ a. 8e states in his will 5I gi(e to A 17& of m% estate. 1DCD allows the person to ma6e a partition.. G has no compulsor% heirs.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. with the consent of Manuela. the legitimes are not impaired. 'artition. Manuela then sold the entire propert% to 9errer. A wants the factor% to go to G. ". Rules under the .to do this. > and Q. 0as the partition *% an act i nter #i#os (alid1 >es.g.State what (alue the person will get. pro(ided the partition does not pre=udice the legitime of the compulsor% heirs. A ma6es a partition 59actor% to G. and need not *e in the form of a will. he will ha(e to ma6e a supporting will.. 0h%1 If no prior e$isting will. %ou are gi(ing the person power to ma6e dispositions not in the form of a will. A "arent $%o. A has & compulsor% heirs G. #$ample+ #state of A consists of R40 factor% and cash. If the partition is *% an act inter #i#os. in t%e interest of %is or %er fa!i y. is it (alid1 (i) >es.5 4he testator is allowed to do so e(en if he has compulsor% heirs.State specific propert% the heir will get or what comprises the (alue. the partition ma% *e oral or written. Manuela assigned or distri*uted her estate equall% among her si$ (@) children. e. *. who signed and ga(e her consent. . If the partition is *% will. a. !ay avai %i!se f of t%e rig%t granted %i! in t%is artic e.'erson can ma6e partition.-. there has to *e a prior e$isting will. 4estamentar% disposition. 2ec. 4hree of those sold their share to a sister. *.5 4his is (alid.s share. 3oncepcion. Also. (>ou) can onl% state what properties the% are to recei(e and not ma6e testamentar% dispositions.ote+ (4his) can still *e done in (the) manner done in the -33. 4o comprise A. 'A<# 1)) . &DCD. 1. 4his is seen in the use of the word 5testator5 in the article. Act inter #i#os.-. the% are not contracts with respect to future inheritance *ut rather a contract perfected and consummated during the lifetime of Manuela. industria .-. 3ha(eB (. 4his is seen in the use of the word 5person5 in the article.g.33. 2alane+ 'ar. legitimes are onl% (alues and not specific properties. or by $i . I would li6e her to get m% house in Ala*ang. 8ow1 1. pri(ate writing not a will. desires to Eee" any agricu tura . be "aid in cas%. S%ou d a "erson !aEe a "artition of %is estate by an act inter vivos. suc% "artition s%a be res"ected. (ii) -therwise. it must *e with the formalities on wills. > and Q are to get their legitime in cash. insofar as it does not "re6udice t%e egiti!e of t%e co!"u sory %eirs. Art. 4he partition is (alid as long as the items gi(en do not impair the legitime. #.

Art. &DC&. in $%ic% case t%e "eriod of indivision s%a not e?ceed t$enty years as "rovided in artic e >'>. 2alane+ 1. the propert% is sold at pu*lic auction. *. 3onstructi(e partition. or $%en t%e court finds for co!"e ing reasons t%at division s%ou d be ordered. Even t%oug% forbidden by t%e testator. A "erson !ay. partition will happen. 'h%sical partition. 2alane+ <eneral rule+ An% of the co-heirs can demand a partition at an% time. intrust t%e !ere "o$er to !aEe t%e "artition after %is deat% to any "erson $%o is not one of t%e co+%eirs. oes this article also prohi*it a de(isee or legatee from *eing appointed1 It is not certain. the courts will decide. 2ut it cannot e$ceed twent% ("D) %ears. :nder this article. in suc% case. 'A<# 1)? . a house) or if it will *e greatl% impaired if partitioned. actuall% di(iding the land. 8ow do %ou partition1 *% constructi(e partition. e. if an% ground in Articles 1C&D or 1C&1 (grounds for dissolution of a partnership e$ists). ".Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art.espite the prohi*ition. a t%oug% it s%ou d "ur"ort to be a sa e. &DC8. 1.. 4he rules on co-ownership appl%. 1DC@ If indi(isi*le (e. )%is "o$er of t%e testator to "ro%ibit division a"" ies to t%e egiti!e. then there is no temptation to fa(or himself. Every co+%eir %as a rig%t to de!and t%e division of t%e estate un ess t%e testator s%ou d %ave e?"ress y forbidden its "artition. #$ception+ 'artition is for*idden *% the testator in his will. by an act inter vivos or mortis causa. u"on "etition of one of t%e co+%eirs. then the temptation e$ists. an e?c%ange. s%a !aEe an inventory of t%e "ro"erty of t%e estate. If an% o*=ect. 0h% will an% o*=ect1 'u*lic auction will usuall% *ring a higher selling price. If none. t%e creditors. a co!"ro!ise.. a.Art. 'ar.-. &DC:. 2ut if his share *e a generic portion. If he is gi(en a specific portion. t%e co+o$ners%i" ter!inates $%en one of t%e causes for $%ic% "artners%i" is disso ved taEes " ace. 2alane+ An% act or an% mode of distri*ution that ends the co-ownership is a partition. &. partition ma% *e made *%+ (a) the testator himself! (*) 4hird person who is not an heir. or any ot%er transaction. after notifying t%e co+%eirs.g. I+ 8ow do %ou determine if the propert% is indi(isi*le or not1 A+ 2% agreement *etween the co-owners. and t%e egatees or devisees. Art. Assign the propert% to the one who will gi(e the other share in cash. ". 4his applies e(en to the legitime. -andatary refers to a person entrusted to ma6e the partition. ".g. Every act $%ic% is intended to "ut an end to indivision a!ong co+%eirs and egatees or devisees is dee!ed to be a "artition. )%e "rovisions of t%is and of t%e "receding artic e s%a be observed even s%ou d t%ere be a!ong t%e co+%eirs a !inor or a "erson sub6ect to guardians%i"9 but t%e !andatary.

the% decide to partition the propert%. /ater. the% must each account for the fruits actuall% recei(ed and these fruits will *e di(ided equall% among them. "rovided t%ey do so $it%in t%e "eriod of one 'A<# 1)@ . 2alane+ 0h%1 Right as heir (ests onl% when the suspensi(e condition happens. &DCA. Art. In t%e "artition t%e co+%eirs s%a rei!burse one anot%er for t%e inco!e and fruits $%ic% eac% one of t%e! !ay %ave received fro! any "ro"erty of t%e estate. 2alane+ 0e alread% saw this in Articles 1DA& and 1DA). t%is !ust be done. =o untary %eirs u"on $%o! so!e condition %as been i!"osed cannot de!and a "artition unti t%e condition %as been fu fi ed9 but t%e ot%er co+%eirs !ay de!and it by giving sufficient security for t%e rig%ts $%ic% t%e for!er !ay %ave in case t%e condition s%ou d be co!" ied $it%. &DC(. for any usefu and necessary e?"enses !ade u"on suc% "ro"erty. 2 and 3 ta6e possession and manage a fishpond. if any of t%e %eirs s%ou d de!and t%at t%e t%ings be so d at "ub ic auction and t%at strangers be a o$ed to bid. . It applies to heirs similarl% situated.ua ity and Eind. Art. &DCC. 0hat a*out the other heirs1 4he% can as6 that the propert% *e partitioned *ut the% must gi(e securit%. and unti it is Eno$n t%at t%e condition %as not been fu fi ed or can never be co!" ied $it%. 2 and 3 are heirs. "rovided %e s%a "ay t%e ot%ers t%e e?cess in cas%. S%ou d a t%ing be divisib e. Illustration+ A. A recei(ed &D as fruits 2 recei(ed ?D as fruits 3 recei(ed "D as fruits Add this and di(ide equall% among them. then this pre(ails o(er the offer of one to gi(e the others their share in cash *ecause he will *u% it. or $ou d be !uc% i!"aired by its being divided.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. Art. dividing t%e "ro"erty into ots. e. &DC>. it !ay be ad6udicated to one of t%e %eirs. Art. any or a of t%e co+%eirs !ay be subrogated to t%e rig%ts of t%e "urc%aser by rei!bursing %i! for t%e "rice of t%e sa e. or assigning to eac% of t%e co+%eirs t%ings of t%e sa!e nature. In t%e "artition of t%e estate. A. t%e "artition s%a be understood to be "rovisiona . &DC7. Assuming the% ha(e equal shares. Nevert%e ess. It is su*=ect to agreement *etween the parties.ua ity s%a be observed as far as "ossib e. citrus plantation and apartment house respecti(el%. and for any da!age t%ereto t%roug% !a ice or neg ect. 2alane+ If one or more of the heirs demand that the propert% *e sold pu*licl%. S%ou d any of t%e %eirs se %is %ereditary rig%ts to a stranger before t%e "artition.

'A<# 1)A . the% will pa% purchase price proportionall% to their share in the propert%. 1. t%e rede!"tioner s%a "ay on y a reasonab e one. Art. If sold to a co-heir. 1DCC are the same. Art. )%e tit es of ac. Art. u"on t%e sa!e ter!s and conditions sti"u ated in t%e contract. &(:D. 4he onl% difference is in the application. Article 1@"D on legal redemption and Art. Art. 1@"D applies to specific propert% ". &D'D.++ )ffects of Partition. and aut%entic co"ies of t%e tit e s%a be furnis%ed to t%e ot%er co+%eirs at t%e e?"ense of t%e estate. respecti(e titles are gi(en to the respecti(e heirs. Lega rede!"tion is t%e rig%t to be subrogated. A co+o$ner of a t%ing !ay e?ercise t%e rig%t of rede!"tion in case t%e s%ares of a t%e ot%er co+o$ners or of any of t%e!. or $%en it covers one "iece of and $%ic% %as been divided bet$een t$o or !ore co+%eirs.uires a t%ing by "urc%ase or dation in payment. 2alane+ -nce partition is made. 2alane+ A. 2alane+ (4his is) to ena*le e(er%*od% to get their respecti(e properties :suall% %ou must ha(e the land resur(e%ed. in t%e " ace of one $%o ac. Subsection :. t%e tit e s%a be de ivered to t%e one %aving t%e argest interest.uisition or o$ners%i" of eac% "ro"erty s%a be de ivered to t%e co+%eir to $%o! said "ro"erty %as been ad6udicated.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM !ont% fro! t%e ti!e t%ey $ere notified in $riting of t%e sa e by t%e vendor. S%ou d t$o or !ore co+o$ners desire to e?ercise t%e rig%t of rede!"tion. &(&'. ".ote+ Share must ha(e *een sold to a stranger. are so d to a t%ird "erson. he will pa% the purchase price. 0h%1 So that the% can transfer the titles in their names. If more than one will redeem. or by any ot%er transaction $%ereby o$ners%i" is trans!itted by onerous tit e. 2%en t%e tit e co!"rises t$o or !ore "ieces of and $%ic% %ave been assigned to t$o or !ore co+%eirs. &DC'. Art. 0h%1 4he purpose is to 6eep the proprietar% mass w7in the coowners. 1DCC applies to hereditar% mass 2. the right of redemption does not e$ist. Art. 8ow will the right of redemption *e e$ercised1 1. t%e o dest s%a %ave t%e tit e. If t%e interest of eac% co+%eir s%ou d be t%e sa!e. If t%e "rice of t%e a ienation is gross y e?cessive. 4he right of redemption gi(en to the co-heir pro(ided the co-heir7 (endor sold his undi(ided share or a portion thereof in the estate. . t%ey !ay on y do so in "ro"ortion to t%e s%are t%ey !ay res"ective y %ave in t%e t%ing o$ned in co!!on. If onl% one will redeem.

<eneral rule+ A. Art. &D'>.ua ity of. deducting t%e "art corres"onding to t%e one $%o s%ou d be inde!nified. 2alane+ 4he ten (1D) %ears is counted from the time the portion was lost or the hidden defect was disco(ered. 4his wipes out all his de*ts. 0hat happens1 2 and 3 will *e lia*le for the warrant% for the part lost. An action to enforce t%e $arranty a!ong co+%eirs !ust be broug%t $it%in ten years fro! t%e date t%e rig%t of action accrues.Art. and s%ou d be co ected. 2. t%e co+%eirs s%a be reci"roca y bound to $arrant t%e tit e to. If a credit s%ou d be assigned as co ectib e.uent inso vency of t%e debtor of t%e estate. 2ut part of the land gi(en to A did not reall% *elong to the predecessor so A losses part of his share. 2. s%ou d %is financia condition i!"rove.g. But if suc% debts are not assigned to a co+%eir. )%e $arranty of t%e so vency of t%e debtor can on y be enforced during t%e five years fo o$ing t%e "artition. 4hree co-heirs A. Art. 2alane+ 0arranties are the same as in sales+ 1. 1D each &. &D each ". 1DE") worth ED. t%e a!ount co ected s%a be distributed "ro"ortionate y a!ong t%e %eirs. eac% "ro"erty ad6udicated. A lost part (as in Art. 2 and 3 will shoulder his &D share.) ". 2 and 3 di(ided the land the% inherited equall%. 8idden defects (qualit%. Art. 'A<# 1)C . #$ception+ If gets a =udicial declaration of insol(enc%. &D'&. and t%e . &D'A. &D'8. Art. A. 3 and will share equall% in the ED.-. )%e reci"roca ob igation of $arranty referred to in t%e "receding artic e s%a be "ro"ortionate to t%e res"ective %ereditary s%ares of t%e co+%eirs9 but if any of one of t%e! s%ou d be inso vent. in $%o e or in "art. 4he% will either+ (a) gi(e cash! or (*) gi(e land. #(iction (title. 1. 2alane+ #ffect of partition. t%e co+%eirs s%a not be iab e for t%e subse. If is insol(ent. 2 and 3 ha(e a right of reim*ursement against should his financial situation impro(e. 2alane+ Illustration+ A.) #. A "artition ega y !ade confers u"on eac% %eir t%e e?c usive o$ners%i" of t%e "ro"erty ad6udicated to %i!.. 1DE1 or to terminate co-ownership. After t%e "artition %as been !ade. 3 and . if so Eno$n to.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. t%e ot%er co+%eirs s%a be iab e for %is "art in t%e sa!e "ro"ortion. but on y for %is inso vency at t%e ti!e t%e "artition is !ade. &D':. and acce"ted by t%e distributee. )%ose $%o "ay for t%e inso vent %eir s%a %ave a rig%t of action against %i! for rei!burse!ent. Co+%eirs do not $arrant bad debts.

Intimidation d. but t%e egiti!e s%a a $ays re!ain uni!"aired9 . or it !ay be reasonab y "resu!ed. 6udicia or e?tra+6udicia .o rescission of partition *ec.Articles 1&C1 to 1&C".g. &D'(.-. t%an t%e s%are to $%ic% %e is entit ed. 2alane+ 4he warrant% does not e$ist in the situations gi(en. paragraphs 1 and ". t%at %is intention $as ot%er$ise. 9raud.-. 4ime of insol(enc% of the de*tor is important. he recei(es+ 1. or %as been caused by t%e fau t of t%e distributee of t%e "ro"erty. If the de*tor was insol(ent *efore the partition. contracts. un ess it a""ears. 1. A "artition. the co-heirs are not lia*le. Rescission. &D'C. A credit is a propert%. considering t%e va ue of t%e t%ings at t%e ti!e t%ey $ere ad6udicated.:/ 2%en it %a$s been so e?"ress y sti"u ated in t%e agree!ent of "artition. Hitiated consent a.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM 2alane+ 1. &D'7. 2alane+ /esion is the same as that in Art. then later on *ecomes insol(ent. 1&C1.++ #escission and Nullity of Partition. Hiolence c. a.8/ 2%en t%e eviction is due to a cause subse.-. the lesion is less then 17). $%en any one of t%e co+%eirs received t%ings $%ose va ue is ess. 2. Art. If the de*tor was originall% sol(ent (sol(ent *efore the assignment). Art. !ay a so be rescinded on account of esion.uent to t%e "artition. un ess t%ere %as been bad fait%9 . 'A<# 1)E . *. In partition. #. )%e ob igation of $arranty a!ong co+%eirs s%a cease in t%e fo o$ing cases: . So he can as6 for completion. Mista6e *. 1. A "artition !ay be rescinded or annu ed for t%e sa!e causes as 2alane+ A.&/ 2%en t%e testator %i!se f %as !ade t%e "artition. :ndue Influence e. then the co-heirs are not lia*le. . A is a co-heir of 2 and 3. Subsection 8. by at east one+ fourt%. A is entitled to recei(e 1DD. 'ropert% worth CD. Annulment. 3an %ou assign a credit1 >es.<eneral rule+ 0arrant% does not appl%. 2ut A has rights under the warranties. #$ception+ If legitimes are impaired. Art. 9or par. <eneral rule+ 0arrant% holds and co-heirs are lia*le.. ".Art. 1&ED. #$ception+ If co-heir7 distri*utee 6new of the insol(enc% and still accepted the *ad de*t. 'art% incapa*le of gi(ing consent ". 4his applies whether the partition was =udicial or e$tra=udicial.

Art.g.-. 0h%1 #. Art.DDD. Art. A is supposed to recei(e 1DD. 2alane+ 4his pro(ision does not mean much. #$ceptions+ (1) when the legitime of an% compulsor% heir was impaired. there are two (") options+ 1. &&D&. If a ne$ "artition is !ade. &&DD. &&D8. 4here is lesion so A can demand for the rescission of the partition. A. Ma6e a new partition ". )%e %eir $%o is sued s%a %ave t%e o"tion of inde!nifying t%e " aintiff for t%e oss. or $%en it a""ears or !ay reasonab y be "resu!ed. 2alane+ 4his contemplates a case where there is an incomplete partition.<eneral rule+ 4he heirs cannot demand rescission on the ground of lesion. <i(e the pre=udiced heir the monetar% equi(alent of the damage. 'ropert% is worth A?.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM ".how do %ou pro(e (alues. )%e action for rescission on account of esion s%a "rescribe after four years fro! t%e ti!e t%e "artition $as !ade. Inde!nity !ay be !ade by "ay!ent in cas% or by t%e de ivery of a t%ing of t%e sa!e Eind and . but %e s%a %ave a rig%t to be inde!nified in cas%. 'A<# 1?D . Art. In actualit%. A sues 2 and 3. 8e recei(es onl% AD. 4his is not loo6ed upon w7 fa(or *% 3i(il /aw commentators. (") when the testator. It was not 6nown that the% e$isted. 0ho can choose1 4he heir sued. 4he solution is to partition the newl% disco(ered o*=ects. 2alane+ If partition was done *% the testator.DDD. #.9our ()) %ears from the time the partition was made. 2alane+ 'rescripti(e period. Art.ua ity as t%at a$arded to t%e " aintiff.-. e?ce"t $%en t%e egiti!e of t%e co!"u sory %eirs is t%ereby "re6udiced. &&D:.s intent was not carried out.. but t%e "artition s%a be co!" eted by t%e distribution of t%e ob6ects or securities $%ic% %ave been o!itted. &D''.g. 2alane+ If there is lesion. 2 and 3. or consenting to a ne$ "artition. 2 and 3 has the choice of which option to follow. )%e "artition !ade by t%e testator cannot be i!"ugned on t%e ground of esion. (this is) hard to do-. )%e o!ission of one or !ore ob6ects or securities of t%e in%eritance s%a not cause t%e rescission of t%e "artition on t%e ground of esion. An %eir $%o %as a ienated t%e $%o e or a considerab e "art of t%e rea "ro"erty ad6udicated to %i! cannot !aintain an action for rescission on t%e ground of esion. the% are (er% su*=ecti(e. it s%a affect neit%er t%ose $%o %ave not been "re6udiced nor t%ose $%o %ave not received !ore t%an t%eir 6ust s%are. t%at t%e intention of t%e testator $as ot%er$ise.

2alane+ 4his refers to omission of heir in partition and not to preterition.Notes and Cases on SUCCESSION 3ompiled and #dited *% RAM Art. It ma6es the recipient return what was mista6enl% gi(en to him. RAM 1"7&D7E? 'A<# 1?1 . 11D). s%a be void on y $it% res"ect to suc% "erson. 2alane+ 4his is the opposite of Art. 4he heir omitted has the right to demand his share. but $%o is not. &&DA. &&D>. un ess it be "roved t%at t%ere $as bad fait% or fraud on t%e "art of t%e ot%er "ersons interested9 but t%e atter s%a be "ro"ortionate y ob iged to "ay to t%e "erson o!itted t%e s%are $%ic% be ongs to %i!. A "artition !ade $it% preterition of any of t%e co!"u sory %eirs s%a not be rescinded. A "artition $%ic% inc udes a "erson be ieved to be an %eir. It does not nullif% the partition. Art.