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Concept. Art. 886

- concept of legitime is a limitation upon the freedom of the testator to dispose of his property
- legitimes limit the testators rights to dispose of property mortis causa, the limitation upon acts intervivos is confined to
dispostions by lucrative or gratuitous title
- does not consist of determinate or specific property; it consists of a part or fraction of the entire mass of the hereditary

Who are entitled to legitimes: Compulsory heirs. Arts. 887, 902
887- compulsory heirs; 902- grants right of representation to IC of IC (only the legitime of the IC granted in arts 894, 895,
896, 899, and 901)

Rosales v. Rosales, 148 SCRA 69 widow is not a compulsory heir of her mother-in-law

Concurrence of compulsory heirs and their corresponding legitimes. Arts. 888-890, 892-901, 903, Art. 39, P.D. 603

Restrictions regarding the legitime. Arts. 904, 872, 905-907, 1347

904, 872
General rule- testator cannot deprive the compulsory heirs of their legitime (904), neither can he reduce such legitime, or
impose any charges, burdens, conditions, or substitutions thereon (872).

Exceptions: disinheritance; once exception encumbrance is that he can forbid the partition of the inheritance, including the
legitime, for not more than 20 years (1083)

905- every compromise or renunciation on future legitime b/w persons owing it and compulsory heirs is void (before death of
testator what the heir has in an expectancy)
- when the renunciation or compromise which is void has been made for valuable consideration, the compulsory heir is
bound to collate whatever he may have received from the testator for such renunciation or compromise.
- The giving of donations as advances of the legitime is not prohibited under this article
- 1347- prohibition against contracts upon future inheritance

906 COMPLETION OF LEGITIME- if what has been left to the compulsory heir by will is less than his legitime, he should be
entitled to ask for the balance to complete such legitime.
- if there is no testamentary disposition in his favor, the heirs cannot ask for completion of his legitime, because there is
nothing to complete; instead, there should be a case of preterition or total omission and is such case the forced heir in
the direct line is entitled to ask, not merely completion of legetime, but for annulment of the institution of heir.

907- the compulsory heirs have the right to ask for the reduction of inofficious testamentary dispostitions, or those that impair
their legitime; right to ask for reduction only available to compulsory heirs

Santiago v. Santiago, et. al., G.R. 179859, August 9, 2010

Determination or computation. Arts.908-913

value of property at time of death debt and charges = net value of hereditary estate
net value of hereditary estate + donations (to compulsory heirs and strangers) = total estate

-The donations to compulsory heirs are chargeable against and imputable to their respective legitimes, while donations to
strangers are imputable to the free portion. But both are to be collated, upon the donors death, to his estate.
-If the donations exceed the free portion or are inofficious, they shall be reduced.

-Donations to an illegitimate child during lifetime of father or mother shall be charged to his legitime. If the donations exceed
the free portion or are inofficious, they shall be reduced.

-REDUCTION PRO RATA of legacies and devises. Reduce first the legacies and devises; reduction is pro rata. If one is
preferred, it shall not suffer any reduction until the others are reduced or annulled.
-If after annulling the legacies and devises, the legitimes cannot yet be fully paid, then the donations must be reduced or
annulled. More recent date suppressed.
-If the donation has been alienation. Alienation is valid but donee should pay for value of the excess or inofficious party of the
911 950
Pro rata reductions of legacies and devises
without distinction (except the preferred)
Provides for an order of preference
Whenever there is a question between
compulsory heirs and legatees and devises;
whenever there are donations inter vivos
concurring with legacies or other
testamentary disposition
When the question is exclusively among the
legatees and devisees themselves; no
compulsory heirs or the legitime has
already been provided for by the testator in
his will and there are no donations inter

- reduction incapable of material division
- if the reduction does not absorb ! of its value, the devisee shall retain the thing (or exactly 1/2)
- if the reduction absorbs more than ! of its value, the compulsory heirs shall retain
- subject to reimbursement
- if the devisee is also entitled to a legitime, even if the reduction of the devise should absorb more than half the value of
the property, the law allows him to retain the thing, IF its value does not exceed the free portion and his share in the
- waiver of retention. If the heir or legatee entitled to retain the thing does not desire to do so, then any heir or devisee
who did not have such right may exercise it.
- If nobody exercised the right, the thing may be sold at public auction and proceeds distributed properly.

COLLATION. Arts. 1061-1077

a) Mere mathematical operation by the addition of the value of the donations made by the testator to the value of
the hereditary estate; imaginary addition; 908 & 1071
b) Return to the hereditary estate of property disposed of by lucrative title by the testator during his lifetime;
property actually brought back and returned to hereditary estate; 912 & 1076
- only takes place when there are compulsory heirs
- value of collation at the time donations were made

-compulsory heirs (and strangers) must bring into the mass of the estate any property received by donation inter vivos, in
order that it may be computed in the determination of legitime of each heir, and in the account of partition
- donations to compulsory heirs are chargeable against the legitime while those made to strangers shall be charged against
the free portion and must be reduced when they impair legitime.

1062- not chargebale to legitime but to free portion
-collation shall not take place among compulsory heirs if: (1) the testator-donor expressly provides; or (2) donee repudiates
the inheritance
-EXCEPTION: donation should be reduces as inofficous
- this article meanse that the exemption od the compulsory heir from collating simply means, that the donation shall not be
charged against the legitime
- the donations are not chargeable to their legitime BUT AGAINST THE FREE PORTION

-testamentary dispositions shall be chargeable against them free portion, and not against the legitime
-the disposition of the testator that the thing given by will shall be brought to collation merely means, that is shall be charged against
the legitime, if the beneficiary is a compulsory heir

1064- collation in representation
- the grandchildren if they concur with their uncles and aunts or cousins are obliged to collate all that their parents, if alive, would have
been required to bring the hereditary mass (this is an exception to the general rule that only the persons who received donations
should collate)
-the properties received by the parents, who are represented, shall therefore be charged against their legitime
-the grandchildren are also required to collate properties given by them by their grandparent because the grandchildren are
compulsory heirs

1065- donations to grandchildren
-parents are not obliged to bring to collation in inheritance of their ascendants any property which may have been donated by the
latter to their children (meaning the donations to grandchildren are not chargeable to the legitime of the parent)
-the properties donated to the grandchildren will be chargeable giants the free portion as donation made to stranger, and if found to
be in excess of the free portion it should be reduced as in officious

-the child shall not bring to collation that which is donated to the child's spouse meaning it shall not be charged against his legitime
-but when the property is donated to the child and his spouse jointly, 1/2 of the donation should be collated and is considered an
advance in the legitime of the child


Not subject to collation:
-Expenses for support, education, medical attendance, extraordinary illness, apprenticeship, ordinary equipment, or customary gifts
-expenses incurred by parent in giving professional, vocational or other career (unless parents provide or unless they impair legitime;
when collation is required the sum the child would have spent if he had lived in the house and company of his parents shall be
-wedding gifts by parents and ascendants consisting of jewelry, clothing and outfit

Subject to collation:
-any sums paid by parents in satisfaction do debts of children, election expenses, fines, and similar expenses
-expenses incurred by parent in giving professional, vocational or other career WHEN provided for or unless they impair legitime--
when collation is required the sum the child would have spent if he had lived in the house and company of his parents shall be
-wedding gifts by parents and ascendants consisting of jewelry, clothing and outfit WHEN they exceed one tenth of the sum which is
disposable by will

-value of donation collated must be the value at the time of the donation
-increase or deterioration, total loss or destruction is for the benefit and risk of donee (donee shoulders or enjoys the change in value)

-if donation is made by both parents, half shall be brought to inheritance of dad and half to mom but if only one parents donates then
it will be brought to collation to his or her inheritance


-the fruits and interests of the property subject to collation shall not pertain to the estate EXCEPT from the day on which the
succession is opened
-at the moment of death of donor, when the duty to collate arises, the donee's right over the property is modified

-pertains to a case when the donation has already been revoke or returned to the hereditary estate for being in officious
-expenses for necessary improvement and improvements which have increased the value of the property: co-heirs will reimburse donee
-expenses for mere pleasure: no reimbursement but donee has the right to remove them provided there will be no damage to the

Arellano v. Pascual, G.R. No. 189776, December 15, 2010
Gregorio v. Madarang, G.R. No. 185226, February 11, 2010
Dizon-Rivera v. Dizon, 33 SCRA 554
De Roma v. CA, 152 SCRA 205- the fact that a donation is irrevocable does not necessarily exempt the donated properties
from collation
Locsin v. CA, 206 SCRA 383

Freedom to dispose free portion. Art. 914

- what the testator can really devise and bequeath is the portion subject to free disposal, which is the REMAINDER of the free
portion when this is partly consumed by the legititmes of concurring compulsory heirs.
- testator does not have absolute freedong of disposal, he can dispose this only in favor of persons who are qualified to
succeed him, and had not as he may deem fit.

PRETERITION. Arts. 854, 906, 855, 918

-It is the total omissions of a compulsory heir from the inheritance.
-it consists of the silence of the testator, omitting him in the testament, either by (a) not mentioning him at all or (b) not giving him
anything in the hereditary property but without expressly disinheriting him
(1) there is a total omission
-if the heir received donation inter vivas there is no PRETERITION but an incomplete legitime under 906, such donation is an advance
to his legitime under 909, his remedy is to ask for completion.
-if there is no testamentary disposition in his favor, the heir cannot ask for completion of his legitime, because there is nothing to
complete; instead, there should be a case of preterition or total omission, and in such case the forced heir in the direct line is entitled
to asl, not merely for the completion of his legitime, but for them annulment of the institution of heir.
(2) that the person omitted is a compulsory heir in the direct line (ascending or descending)
(3) that the compulsory heir omitted survived the testator
-who are compulsory heirs at the time of the death of testator?
-right of representation is available

-if the testator instituted an heir to the estate, including the legitime of a compulsory heir, at the same time omitting the compulsory
heir, then there is preterition
-effect of PRETERITION: if the omitted heir is in the direct line, the institution is totally annulled, saving only legacies and devices
which are not inofficious; if heir is NOT in direct line, only legitime is given and institution is only annulled to that extent

Preterition Disinheritance
Tacit deprivation of a compulsory heir of his legitime
Involuntary (over sight) Voluntary
Merely oversight of mistake on part of testator There is some legal cause
Effects of preterition- the institution is annulled in its
ENTIRETY, including that affecting the free part,
UNLESS this has been disposed of as devises or
Effects of ineffective disinheritance- the institution of
heirs is annulled only to the extent that is prejudices
the legitime of the compulsory heir improperly

-surviving spouse is not a compulsory heir in the direct line but his legitime is protected by art 842 ; does not completely annul
insitutition of heir, it is only reduced or annulled to cover the legitime of the surviving spouse

-the share of the compulsory heir omitted in a will must first be taken from the part of the estate not disposed of by will, if any; if that
is not sufficient, so much as may be necessary must be taken proportionally from the shares of the other heirs given to them by will

Heirs of Policronio Ureta, Sr. v. Heirs of Liberato Ureta, G.R. No. 165748 and 165930, September 14, 2011
Aznar v. Duncan, 17 SCRA 590
Nuguid v. Nuguid, 17 SCRA 449
Reyes v. Barreto-Datu, 19 SCRA 85
Escuin v. Escuin, 11 Phil. 332
Balanay v. Martinez, 64 SCRA 452
Solano v. CA, 126 SCRA 122
Acain v. CA, 155 SCRA 100


What is reserva troncal?
Reserva troncal The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous
title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for
the benefit of relatives who are within the third degree and who belong to the line from which said property came. (Art. 891)

To prevent persons who are outsiders to the family from acquiring, by chance or accident, property which otherwise would have
remained with the said family. In short, to put back the property to the line from which it originally came. Note: Other terms used to
refer to reserva troncal: 1. Lineal 2. Familiar 3. Extraordinaria 4. Semi-troncal 5. Pseudo-troncal

What are the requisites that must exist in order that a property may be impressed with a reservable character?
1. That the property was acquired by a descendant (called praepositus or propositus) from an ascendant or from a brother or sister
(full or halfblood) by gratuitous title when the recipient does not give anything in return;
2. That said descendant (praepositus) died without an issue;
3. That the same property (called reserva) is inherited by another ascendant (called reservista) by operation of law (either through
intestate or compulsory succession NOT BY WILL) from the praepositus; and
4. That there are living relatives within the third degree counted from the praepositus and belonging to the same line from where the
property originally came (called reservatarios). (Art. 891; Chua v. CFI of Negros Occidental, Branch V, 78 SCRA 412; Rabuya, Civil
Law Reviewer, pp. 634-635)- only in legitimate line

Direct line- there must be a double relations of consanguinity, reservatarios should be relative by blood to descendant AND to other
ascendant, brother, or sister, from whom the property came from.

Does the reservista own the reservable property?
The reservista is an absolute or full owner, subject to a DOUBLE resolutory condition. If the resolutory condition is fulfilled, the
reservistas ownership of the property is terminated.

Resolutory condition (1) death of reservisata; and (2) survivial at the moment of deah of the reservista of relatives (reservatarios) of
the propositus within the third degree belonging to the same line from which the property came

Note: The reservable property is not part of the estate of the reservista.

When does the reservatario acquire the right over the reservable property?

Upon the death of the reservista, the reservatario nearest the decedent propositus becomes, automatically and by operation of law, the
absolute owner of the reservable property. (Cano v. Director of Lands)

Is there right of representation in reserva troncal?
Yes. There is representation in reserva troncal, but the representative must also be within the third degree from the propositus.
(Florentino v. Florentino)

DOES NOT APPLY: when the only relatives are the common descendants of the predeceased ascendant and the ascendants who would
have been obligated to reserve.

In case of loss by fault of the reservista, or alientation of the property, or if things are fungible, it is, however, in evitable that
substitution with other property or the payment of a sum of money should be followed.

The will of the decedent may prevent preserva? Yes. May the decedent dispose of it inter vivos and mortis causa? Yes.

Rights of Reservista Rights of Reservatarios
-Right of revocable and conditional
ownership. The reservista can alienate
reserve but the transferee can acquire no
greater rights that the reservista. However,
if the transferee acquired the reserve in GF,
without knowledge of the reserve, then the
transferee hold it free from the resolutory

(1) To annotate in the RD the reservable
character of the immovable (must register
within 90 days from the time the reserva
arises aka the reservas acceptance of
(2) To make an inventory of all reservable
(3) To constitute mortgage or give a
secutiry or guaranty, upon his death, the
delivery to the reservatarios of the personal
property, the value of the property, that
has been aleientated, and the
reimbursement of deteriorations occasioned
by his fault or negligence
-They have no right to the reserve during
existence of reservation
Rights during reservation:
- to ask for registration of reservable
character of immovable and mortgage
-alienatate their uncertain and conditional
share in the reserve, however, if
reservatarios predeceased reservista the
alienation is void BUT if the reservista dies
ahead of reservatario then the alienation is
After death of reservista:
-Right to annul AND confirm disposition of
the reserve by the reservista
-Right to amount which ascendant inherited
by operation of law from descendant and
NOT profits or increments

Extinguishment of Reserva
(1) Death of ascendant
(2) Death of ALL relatives within the third degree belonging to the line from which the property came
(3) Loss of things which are reservable, by causes not imputable to the fault or negligence of the reservista
(4) Renunciation of ALL reservatarios (if there are reservatarios born after the renunciation then it is not extinghuished)
(5) Prescription (acquisitive prescription, when the reservista holds the property in open adverse possession against
(6) Registration under the Torrens System (constructive notice, binding to whole world, indefeasibility of title after
expiration of 1 yr)

Edroso v. Sablan, 25 Phil. 295
Seinnes v. Esparcia, 1 SCRA 750
Florentino v. Florentino, 40 Phil. 480
Padura v. Baldovino, 104 Phil. 1065
Chua v.CFI, 78 SCRA 406
Gonzales v. CFI 104 SCRA 161
De Papa v. Camacho, 144 SCRA 281

Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter: Provided, That an adopted
child cannot acquire Philippine citizenship by virtue of such adoption;
2. Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of the surviving natural
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by legitimate parents or ascendants
and by an adopted person, the latter shall not have more successional rights than an acknowledged natural child: Provided, further,
That any property received gratuitously by the adopted from the adopter shall revert to the adopter should the former predecease the
latter without legitimate issue unless the adopted has, during his lifetime, alienated such property: Provided, finally, That in the last
case, should the adopted leave no property other than that received from the adopter, and he is survived by illegitimate issue or a
spouse, such illegitimate issue collectively or the spouse shall receive one-fourth of such property; if the adopted is survived by
illegitimate issue and a spouse, then the former collectively shall receive one-fourth and the latter also one-fourth, the rest in any case
reverting to the adopter, observing in the case of the illegitimate issue the proportion provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are
both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or interstate.
Banawa v. Mirano, 97 SCRA 517
Teotico v. del Val, 13 SCRA 406