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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002

DEFINITION OF SUCCESSION:
- It is a mode of acquisition
- by virtue of which the property, rights and obligations
- to the extent of the value of the inheritance of a person
- are transmitted through his death to another or others
- either by his will or by operation of law
KINDS OF SUCCESSION:
1. Testamentar that which results from the designation of an heir, made
in a will executed in the form prescribed by law
2. Le!a" #r Intestate that which takes place by operation of law in the
absence of a valid will
3. M$%e& that which is effected partly by will and partly by operation of law
KINDS OF 'EIRS:
1. C#m()"s#r those who succeed by force of law to some portion of the
inheritance, in an amount predetermined by law, of which they cannot be
deprived by the testator, except by a valid disinheritance
2. V#")ntar #r Testamentar those who are instituted by the testator in his will,
to succeed to the portion of the inheritance of which the testator can freely
dispose
3. Le!a" #r Intestate those who succeed to the estate of the decedent who dies
without a valid will, or to the portion of such estate not disposed of by will
DEFINITION OF WILL
- It is an act
- whereby a person is permitted
- with the formalities prescribed by law
- to control to a certain degree
- the disposition of his estate
- to take effect after his death
TESTAMENTARY CAPACITY:
1. ll persons who are not expressly prohibited by law
!. 1" years old and above
#. $f sound mind, at the time of its execution
KINDS OF WILLS:
1. N#tar$a" an ordinary or attested will
2. '#"#!ra(*$+ a handwritten will
COMMON RE,UIREMENTS TO BOT' WILLS:

1. In writing

!. In a language or dialect known to the testator
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
RE,UISITES FOR VALID NOTARIAL WILL:
1. In writing
!. In a language or dialect known to the testator
#. %ubscribed at the end by the testator himself or by the testator&s name written by
some other person in his presence, and by his express direction
'. ttested ( subscribed by three or more credible witnesses in the presence of the
testator and of one another
). *ach and every page, except the last, must be signed by the testator or by the
person requested by him to write his name, and by the instrumental witnesses of
the will, on the left margin
+. *ach and every page of the will must be numbered correlatively in letters placed
on the upper part of each page
,. It must contain an attestation clause, stating the following-
a. .he number of pages used upon which the will is written
b. .he fact that the testator signed the will and every page, or caused some
other person to write his name, under his express direction, in the
presence of the instrumental witnesses
c. ll the instrumental witnesses witnessed and signed the will and all its
pages in the presence of the testator and of one another
". It must be acknowledged before a notary public by the testator and the witnesses
ADDITIONAL RE,UISITES FOR A NOTARIAL WILL IF T'E TESTATOR BE DEAF
OR A DEAF-MUTE:
1
2 1. .estator must personally read the will, if able to do so/
!. $therwise, he shall designate two persons to read it and communicate to
him, in some practicable manner, its contents
ADDITIONAL RE,UISITE FOR A NOTARIAL WILL IF T'E TESTATOR BE BLIND:
The will shall be read to the testator twice

1. $nce by one of the subscribing witnesses

!. $nce by the notary public before whom the will is acknowledged
RE,UISITES FOR 'OLO.RAP'IC WILL:
1. In writing
!. In a language or dialect known to the testator
#. *ntirely written, dated, and signed by the hand of the testator himself
AMENDIN. A WILL:
1. N#tar$a" only through a codicil
2. '#"#!ra(*$+ in three ways
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
a. 0ispositions may be added below the signature, 12$3I0*0 that said
dispositions are also dated and signed, and everything is written by the
hand of the testator himself
b. 4ertain dispositions or additional matter may be suppressed or inserted
12$3I0*0 that said cancellation is signed by the testator and written by
the hand of the testator himself
c. .hrough a codicil which may either be notarial or holographic
EFFECT OF INSERTION ON T'E VALIDITY OF A 'OLO.RAP'IC WILL: 5.olentino6
1. If made after the execution of the will, but without the consent of the testator,
such insertion is considered as not written because the validity of the will cannot
be defeated by the malice or caprice of a third person
2. If the insertion after the execution of the will was with the consent of the testator,
the will remains valid but the insertion is void
3. If the insertion after the execution is validated by the testator by his signature
thereon, then the insertion becomes part of the will, and the entire will becomes
void, because of failure to comply with the requirement that it must be wholly
written by the testator
4. If the insertion made by a third person is made contemporaneous to the
execution of the will, then the will is void because it is not written entirely by the
testator
,UALIFICATIONS OF WITNESSES TO A NOTARIAL WILL:
1. $f sound mind
!. $f the age of 1" years or more
#. 7ot blind, deaf or dumb
'. ble to read and write
). 0omiciled in the 1hilippines
+. 8ave not been convicted of falsification of a document, per9ury or false testimony
DEFINITION OF A CODICIL:
- It is a supplementary or addition to a will
- made after the execution of the will
- and annexed to be taken as a part thereof
- by which any disposition in the original will may be explained, added to or altered
RE,UISITES FOR INCORPORATION BY REFERENCE:
1. the document or paper referred to in the will must be in existence at the time of
the execution of the will
!. the will must clearly describe and identify the same, stating among other things
the number of pages thereof
#. it must be identified by clear and satisfactory proof as the document or paper
referred to therein
'. it must be signed by the testator and the witnesses on each and every page,
except in case of voluminous books of account or inventories
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002

REVOKIN. A WILL:
1. :y implication of law
!. :y the execution of a will, codicil or other writing executed as provided in case of
wills
#. :y burning, tearing, canceling, or obliterating the will with the intention of
revoking it, by the testator himself, or by some other person in his presence, and
by his express direction
.ROUNDS FOR DISALLOWANCE OF A WILL:
1. If the formalities required by law have not been complied with
!. If the testator was insane, or otherwise mentally incapable of making a will, at the
time of its execution
#. If it was executed through force or under duress, or the influence of fear, or
threats
'. If it was procured by undue and improper pressure and influence, on the part of
the beneficiary or of some other person
). If the signature of the testator was procured by fraud
+. If the testator acted by mistake or did not intend that the instrument should be his
will at the time of affixing his signature thereto
DEFINITION OF INSTITUTION OF 'EIR-
It is an act by virtue of which a testator designates in his will
the person or persons who are to succeed him in his property and
transmissible
rights and obligations
RE,UISITES FOR A VALID INSTITUTION OF 'EIR:
1. 0esignation in will of person;s to succeed
!. <ill specifically assigns to such person an inchoate share in the estate
#. .he person so named has capacity to succeed
'. .he will is formally valid
). 7o vice of consent is present
+. 7o preterition results from the effect of such will
T'REE PRINCIPLES IN T'E INSTITUTION OF 'EIRS:
1. Equality heirs who are instituted without a designation of shares inherit in
equal parts
2. Individuality heirs collectively instituted are deemed individually named unless
a contrary intent is proven
3. Simultaneity when several heirs are instituted, they are instituted
simultaneously and not successively
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
RULES RE.ARDIN. A PERSON/S RI.'T TO DISPOSE OF 'IS ESTATE:
1. If one has no compulsory heirs:
a. 8e can give his estate to any person qualified to inherit under him
b. 8owever, he must respect restrictions imposed by special laws
2. If one has compulsory heirs:
a. 8e can give only the disposable portion to strangers
b. =egitimes of compulsory heirs must be respected
CONCEPT OF PRETERITION:
1. .here must be an omission of one, some or all of the heir;s
in the will
!. .he omission must be that of a 4$>1?=%$2@ 8*I2
#. 4ompulsory heir omitted must be of the 0I2*4. =I7*
'. .he omitted compulsory heir must be =I3I7A at the time of testator&s death or
must at least have been 4$74*I3*0 before the testator&s death
EFFECTS OF PRETERITION:
1. .he institution of heir is annulled
!. 0evises and legacies shall remain valid as long as they are not inofficious
#. If the omitted compulsory heir should die before the testator, the institution shall
be effectual, without pre9udice to the right of representation
DEFINITION OF SUBSTITUTION:
- It is the appointment of another heir
- so that he may enter into the inheritance in default of the heir originally instituted

CLASSES IF SUBSTITUTION:
1. V)"!ar #r S$m("e the testator may designate one or
more persons to substitute the heir or heirs instituted in case such heir or heirs
should
a. die before him 512*0*4*%*6
b. should not wish, 52*7$?74*6 or
c. should be incapacitated to accept the inheritance 5I7414I..*06

i. Brief or Compendious two or more persons may be substituted for
one/ and one person for two or more heirs
ii. Reciprocal if heirs instituted in unequal shares should be
reciprocally substituted, the substitute shall acquire the share of the
heir who dies, renounces, or incapacitated, unless it clearly appears
that the intention of the testator was otherwise. If there are more than
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
one substitute, they shall have the same share in the substitution as in
the institution
!0 F$&e$+#mm$ssar S)1st$t)t$#n - if the testator institutes an heir with an
obligation to deliver to another the property so inherited. .he heir instituted to such
condition is called the first heir or fiduciary heir, the one to receive the property is the
fideicommissary or second heir
RE,UISITES FOR A FIDEICOMMISSARY SUBSTITUTION:
1. fiduciary or first heir instituted entrusted with the obligation to preserve and to
transmit to a fideicommissary substitute or second heir the whole or part of the
inheritance
!. %uch substitution must not go beyond one degree from the heir originally
instituted
#. .he fiduciary or first heir and the second heir are living at the time of the death of
the testator
'. .he fideicommissary substitution must be expressly made
). .he fideicommissary substitution is imposed on the free portion of the estate and
never on the legitime
DEFINITION OF LE.ITIME:
It is that part of the testator&s property which he cannot dispose of
because the law has reserved it for certain heirs called compulsory heirs
CLASSES OF COMPULSORY 'EIRS:
1. Pr$mar those who have precedence over and exclude other compulsory heirs
a. =egitimate children and descendants 5legitimate6, with respect to their
legitimate parents and ascendants
2. Se+#n&ar those who succeed only in the absence of the primary heirs
a. =egitimate parents and ascendants 5legitimate6, with respect to their
legitimate children and descendants
3. C#n+)rr$n! those who succeed together with the primary or the secondary
compulsory heirs
a. <idow or widower 5legitimate6
b. Illegitimate children and descendants 5legitimate or illegitimate6
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
SUMMARY OF LE.ITIMES OF COMPULSORY 'EIRS:
SURVIVIN.
RELATIVES
LE.ITIMATE
C'ILDREN 2
DESCENDANTS
SURVIVIN.
SPOUSE
ILLE.ITIMATE
C'ILDREN
LE.ITIMATE
PARENTS 2
ASCENDANTS
ILLE.ITIMATE
PARENTS
=egitimate
children alone
B 5divided
by the C of
children6
1 legitimate child
surviving spouse
B D
=egitimate
children
%urviving spouse
B 5divided
by no. of
children6
%ame as the
share E
legit child
=egitimate
children
Illegitimate
children
B B of the
share of E
legit child
1 legitimate child
surviving spouse
illegitimate
children
B D
5preferred6
B of the
share of E
legit child
! or more
legitimate
children
surviving spouse
Illegitimate
children
B 5divided
by no. of
children6
%ame as the
share of E
legit child
B of the
share of E
legit child
=egitimate
parents alone
B
=egitimate
parents
Illegitimate
children
D B
=egitimate
parents and
%urviving spouse
D B
=egitimate
parents
%urviving spouse
Illegitimate
children
1;" D B
Illegitimate
children alone
B 5divided
by no. of
children6
Illegitimate
children
%urviving spouse
1;# 1;# 5divided
by no. of
children6
%urviving spouse
alone
B or 1;# if
marriage in
articulo
mortis
Illegitimate
parents alone
B
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
Illegitimate
parents
%urviving spouse
D D
REMEDY OF COMPULSORY 'EIR IN CASE OF IMPAIRMENT OF LE.ITIME:
1. If the impairment is total, then there may be preterition if the compulsory heir
preterited is either an ascendant or descendant. rticle ")' would come into play
5annulment of institution of heir and reduction of devises and legacies6
!. If the impairment is partial, then the compulsory heir is entitled to completion of
legitime under rticle FG+
#. If the impairment is thru donation, then remedy is collation.
CONCEPT OF RESERVA TRONCAL
- .he ascendant who inherits from his descendant
- any property which the latter may have acquired by gratuitous title
- from another descendant, 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
RE,UISITES 5as provided in 4hua v. 4HI I1F,,J ( reiterated in AonKales v. 4HI I1F"1J6
16 that the property was acquired by a descendant from an ascendant or from a
brother or sister by gratuitous title
!6 that said descendant died without an issue
3) that the property is inherited by another ascendant by #(erat$#n #3 "a4
4) that there are relatives within the #
rd
degree belonging to the line from which said
property came
DEFINITION OF DISIN'ERITANCE
It is the act by which the testator,
for 9ust cause,
deprives a compulsory heir of his right to the legitime.
DIFFERENCES BETWEEN PRETERITION AND DISIN'ERITANCE:
DISIN'ERITANCE PRETERITION
*xpress deprivation of legitime .acit deprivation of legitime
lways voluntary >ay also be voluntary but is presumed to
be involuntary 5as it is an omission to
mention an heir or though mentioned, is
not instituted as an heir6
=egal cause is present 1resumed by law to be a mere oversight
*ven a compulsory heir may be totally
excluded
4ompulsory heir is merely restored to his
legitime
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
RE,UISITES FOR A VALID DISIN'ERITANCE:
1. 8eir disinherited must be designated by name or in such a manner as to leave no
room for doubt as to who is intended
!. It must be for a cause designated by law
#. It must be made in valid will
'. It must be made expressly, stating the cause in the will itself
). .he cause must be certain and true, and must be proved by the interested heir if
the person disinherited should deny it
+. It must unconditional
,. It must be total
SUMMARY OF CAUSES OF DISIN'ERITANCE:
.ROUNDS FOR
DISIN'ERITANCE
C'ILDREN5
DESCENDANTS
PARENTS5
ASCENDANTS
SPOUSE UNWORT'INESS
1 Auilty;convicted of
attempt against life
of testator;spouse;
ascendant;descend
ant
L L L L
! ccused
testator;decedent
of crime punishable
by imprisonment of
more than + years,
found groundless,
false
L L L L
# 4auses
testator;decedent
to make will or
change one by
fraud, violence,
intimidation, or
undue influence
L L L L
' ?n9ustified refusal
to support testator
L L L
) 4onvicted of
adultery or
concubinage with
spouse of
testator;decedent
L L L
+ >altreatment of
testator by word
and deed
L
, =eading a
dishonorable or
disgraceful life
L
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
" 4onviction of crime
which carries
penalty of civil
interdiction
L
F bandonment of
children or inducing
children to live
corrupt and
immoral life or
attempted against
virtue
L L
1G =oss of parental
authority
L L
11 ttempt by one
parent against life
of the other
?7=*%% there is
reconciliation
between parents
L
1! %pouses given
cause for legal
separation
L
1# Hailure to report
violent death of
decedent within
one month, unless
authorities have
already taken
action
L
1' Horce, violence,
intimidation or
undue influence to
prevent another
from making a will
or revoking one
already made or
who supplants or
alters the latter&s
will
L
1) Halsifies or forges a
supposed will of the
decedent
L
CAUSES OF VACANCY IN SUCCESSION:
1. Disinheritance - .he testator creates it himself
2. Repudiation - .he heir does something
3. Incapacity!redecease - %omething happens to the heir
'OW VACANCIES ARE FILLED:
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
1. %ubstitution
!. 2epresentation
#. ccretion
ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL
LE.ACIES AND DEVICES:
1. 2emuneratory legacies or devises
!. =egacies or devises declared by the testator to be preferential
#. =egacies for %upport
'. =egacies for *ducation
). =egacies or devises of a specific, determinate thing which forms a part of the
estate
+. ll others pro-rata
CAUSES FOR LEGAL OR INTESTATE SUCCESSION:
If a person dies without a will
If a person dies with a void will
If a person dies with a will which has subsequently lost its validity
1. <hen the will does not institute an heir to, or dispose of all the property
belonging to the testator 5legal succession shall take place only with respect to
the property of which the testator has not disposed6
!. If the suspensive condition attached to the institution of the heir does not happen
or is not fulfilled
#. If the heir dies before the testator,
'. If the heir repudiates the inheritance, there being no substitution, and no right of
accretion takes place
). <hen the heir instituted is incapable of succeeding, except in cases provided in
the 4ode
FUNDAMENTAL UNDERLYIN. PRINCIPLES IN LE.AL OR INTESTATE
SUCCESSION:
1. Rule of !ro"imity the relative nearest in degree excludes the farther one
2. Rule of Equal Division the relatives who are in the same degree shall inherit
in equal shares
DEFINITION OF RI.'T OF REPRESENTATION:
- It is a right created by fiction of law
- by virtue of which the representative is raised to the place and degree of the
person represented
- and acquires the rights which the latter would have of he were living or if he
would have inherited
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
ORDER OF LE.AL OR INTESTATE SUCCESSION:
LE.ITIMATE C'ILD ILLE.ITIMATE C'ILD ADOPTED C'ILD
1 =egitimate child and
legitimate descendants
legitimate child and
legitimate descendants
legitimate child and
legitimate descendants
! =egitimate parents and
legitimate ascendants
illegitimate children and
legitimate or illegitimate
descendants
illegitimate children and
legitimate or illegitimate
descendants
# Illegitimate children and
legitimate or illegitimate
descendants
illegitimate parents legitimate or illegitimate
parents and legitimate
ascendants, adoptive
parents
' %urviving spouse surviving spouse surviving spouse
) =egitimate siblings,
nephews, nieces
illegitimate siblings,
nephews, nieces
siblings, nephews, nieces
+ =egitimate collateral
relatives
%tate %tate
, %tate
CONCURRENCE IN LE.AL OR INTESTATE SUCCESSION
INTESTATE 'EIR E6CLUDES E6CLUDED BY CONCURS WIT'
=egitimate children
and =egitimate
descendants
scendants,
collaterals and state
7o one %urviving spouse
Illegitimate children
Illegitimate children
and 0escendants
Illegitimate parents,
collaterals and state
7o one %urviving spouse
=egitimate children
and legitimate
parents
=egitimate parents
and legitimate
ascendants
4ollaterals and state =egitimate children Illegitimate children
and surviving
spouse
Illegitimate parents 4ollaterals and state =egitimate children
and illegitimate
children
%urviving spouse
%urviving spouse 4ollaterals other
than siblings,
nephews and nieces
7o one =egitimate children
Illegitimate children
=egitimate parents
and Illegitimate
parents
%iblings, nephews
nieces
ll other collaterals
and state
=egitimate children,
illegitimate children,
=egitimate parents
and illegitimate
parents
%urviving spouse
$ther collaterals
within )
th
degree
4ollateral remoter in
degree and state
=egitimate children
Illegitimate children
=egitimate parents
Illegitimate parents
and
%urviving spouse
4ollaterals in the
same degree
%tate 7o one *veryone 7o one
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
A MORE DETAILED SUMMARY OF INTESTATE S'ARES:
70 LE.ITIMATE C'ILDREN AND LE.ITIMATE DESCENDANTS ALONE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE
S'ARE
=egitimate children B B 1
.$.= B B 1
20 ONE LE.ITIMATE C'ILD AND SURVIVIN. SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate child B B
%urviving spouse D D B
.$.= M D 1
80 LE.ITIMATE C'ILDREN AND SURVIVIN. SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate children B 2emaining portion of
estate after paying
legitimes
<hole estate divided
equally between total
number of children
plus the surviving
spouse
%urviving spouse %ame as share of E
legitimate child
=egitimes to be
divided equally
between total no. of
children plus the
surviving spouse
7o. of children plus
the surviving spouse
5see above6
.$.= 3aries on no. of
children
3aries on no. of
children
1
90 LE.ITIMATE C'ILDREN AND ILLE.ITIMATE C'ILDREN
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate children B 2emaining portion of
estate after paying
legitimes
<hole estate divided
by the ratio of !-1 for
each legitimate child
as compared to the
illegitimate child
Illegitimate children B share of E
legitimate child
=egitimes to be
divided by the ratio
of ! for E legitimate
child, 1 for E
illegitimate child
1 for E illegitimate
child provided that
legitimes wouldn&t be
impaired
.$.= 3aries on no. of
children
3aries on no. of
children
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
:0 ONE LE.ITIMATE C'ILD; ILLE.ITIMATE C'ILD; AND SURVIVIN. SPOUSE

INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate child B 2emaining portion of
estate after paying
legitimes to be
divided by the ratio
of !-1 for E
legitimate child and
E illegitimate child,
respectively
<hole estate divided
by the ratio of ! E
legitimate child
Illegitimate child B share of E
legitimate child
1 for E illegitimate
child 5see above6
1 for E illegitimate
child
%urviving spouse D %ame share as a
legitimate child
=egitimes wouldn&t
be impaired
.$.= 3aries depending on
no. of illegitimate
children
3aries depending on
no. of illegitimate
children
1
<0 LE.ITIMATE C'ILDREN; ILLE.ITIMATE C'ILDREN AND SURVIVIN.
SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate children B 2emaining portion of
estate, if any after
paying legitimes to
be divided by the
ratio of ! for E
legitimate child
<hole estate divided
by the ratio of !-1 for
E legitimate child
and illegitimate child
respectively
Illegitimate children B share of E legit
child
1 for E illegitimate
child 5see above6
1 for E illegitimate
child 5see above6
%urviving spouse D %ame share as a
legitimate child,
provided legitimes
are not impaired
%ame share as a
legitimate child,
provided legitimes
are not impaired
.$.= 3aries depending on
no. of illegitimate
children
3aries depending on
no. of illegitimate
children
1
=0 LE.ITIMATE PARENTS ALONE
>0
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate parents B B 1
.$.= B B 1
?0 LE.ITIMATE PARENTS AND ILLE.ITIMATE C'ILDREN
700
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate parents B B
Illegitimate children D D B
.$.= M D 1
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CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
770 LE.ITIMATE PARENTS AND SURVIVIN. SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate parents B B
%urviving spouse D D B
.$.= M D 1
720 LE.ITIMATE PARENTS; SURVIVIN. SPOUSE AND ILLE.ITIMATE
C'ILDREN
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
=egitimate parents B B
%urviving spouse 1;" 1;" D
Illegitimate children D D
.$.= ,;" 1;" 1
780 ILLE.ITIMATE C'ILDREN ALONE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
Illegitimate children
alone
B B 1
.$.= B B 1
790 ILLE.ITIMATE C'ILDREN AND SURVIVIN. SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
Illegitimate children 1;# 1;+ B
%urviving spouse 1;# 1;+ B
.$.= !;# 1;# 1
7:0 SURVIVIN. SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
%urviving spouse B or 1;# B or 1;# 1
.$.= B or 1;# B or 1;# 1
7<0 ILLE.ITIMATE PARENTS ALONE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
Illegitimate parents B B 1
.$.= B B 1
1)
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7=0 ILLE.ITIMATE PARENTS AND SURVIVIN. SPOUSE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
Illegitimate parents D D B
%urviving spouse D D B
.$.= B B 1
7>0 SIBLIN.S; NEP'EWS AND NIECES ALONE
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
%iblings, nephews,
nieces
B B 1
.$.= B B 1
7?0 SURVIVIN. SPOUSE; SIBLIN.S; NEP'EWS AND NIECES
INTESTATE 'EIR S'ARE AS LE.ITIME S'ARE AS FREE
DISPOSAL
TOTAL INTESTATE S'ARE
%urviving spouse B B
%iblings, nephews,
nieces
B B
.$.= B B 1
DEFINITION OF ACCRETION:
- It is a right by virtue of which
- when two or more persons are called to the same inheritance, devise or legacy
- the part assigned to the one who renounces or cannot receive his share or who
died before the testator
- is added or incorporated to that of his co-heirs, co-devisees, or co-legatees
W'O ARE INCAPABLE OF SUCCEEDIN.:
1. 1riest who heard the confession of the testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period
2. 2elatives of such priest or minister of the gospel within the '
th
degree, the
church, order, chapter, community, organiKation, or institution to which such
priest or minister may belong
#. Auardian with respect to testamentary dispositions given by a ward in his favor
before the final accounts of the guardianship have been approved, even if the
testator should die after the approval thereof/ *N4*1. if the guardian is his
ascendant, descendant, brother, sister, or spouse
'. ttesting witness to execution of will, their spouses, parents, children or any one
claiming under such witness, spouse, parents or children
). 1hysician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness
+. Individuals, associations, and corporations not permitted by law to inherit
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VALIDITY AND EFFECT OF LE.ACY5DEVISE
#hin$ o%ned in part &y
testator 5rticle F!F6
.enera" R)"e: 4onveys only interest or part owned by testator
E"ception: if testator otherwise provides
a. 8e may convey more than what he owns - the state
shld try to acquire the part or interest owned by other parties. If
other parties are unwilling to alienate, the estate should give
the legatee;devisee the monetary equivalent 5analogy with
rticle F#16
b. 8e may convey less than what he owns 5rticle ,F'6
#hin$ o%ned &y another
5rticles F#G-F#16
.enera" R)"e:
a. If testator ordered acquisition of the thing - the order
should be complied with. If the owner is unwilling to part with
the thing, the legatee;devisee should be given the monetary
equivalent
b. If testator erroneously believed that the thing
belonged to him - legacy;device is void
E"ception: if testator acquire the thing onerously or
gratuitously after making of the disposition, disposition is
validated
c. If testator knew that the thing did not belong to him but did
not order its acquisition - code is silent but disposition should
be considered valid - there is an implied order to acquire and
doubts must be resolved in favor of intestacy
#hin$ already o%ned to
the le$ateedevisee
5rticles F#!-F##6
a. If thing already belonged to legatee/devisee at time
of execution of will legacy;devise is void
b. If thing was owned by another person at time of
making the will and thereafter it is acquired by legatee/devisee

1. If testator erroneously believed that he
owned the thing legacy ;devise is void
2 If testator was not in error !
i. If thing was acquired onerously
by =;0 =;0 entitled to be reimbursed
ii. If thing was acquired gratuitously
by =;0 nothing is due
iii. If thing was owned by testator at
time will was made and =;0 acquired the thing
from him thereafter law is silent
L:alane =;0 deemed revoked
L.olentino no intention to revoke 5:?. if the
testator has not alienated the thing directly to the
=;0, but to a #
rd
person and the former 9ust acquired
it from the latter, there is an intention to revoke6
'e$acyDevise to
remove an
encum&rance over a
thin$ &elon$in$ to
testator 5rticle F#! par!6
3alid, if the encumbrance can be removed for a consideration
1,
CI V I L L AW SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
'e$acyDevise of a
thin$ pled$ed or
mort$a$ed 5rticle F#'6
.he encumbrance must be removed by paying the debt unless the
testator intended otherwise
CONCEPT OF COLLATION:
.o collate is to bring back or to return to the hereditary mass,
in fact or by fiction,
property which came from the estate of the decedent, during his lifetime,
but which the law considers as an advance from the inheritance.
It is the act by virtue of which, the persons who concur in the inheritance bring back to
the common hereditary mass
the property which they have received from him,
so that a division may be effected according to law and the will of the testator.
CONCEPT OF PARTITION:
- it is the separation, division and assignment
- of a thing held in common among those to whom it may belong
- the thing itself may be divided, or its value
IMPORTANT PERIODS TO REMEMBER:
1 month or less &efore ma(in$ a %ill .estator, if publicly known to be insane,
burden of proof is on the one claiming
validity of the will
2) years >aximum period testator can prohibit
alienation of dispositions
* years from delivery to the State .o claim property escheated to the %tate
1 month .o report knowledge of violent death of
decedent lest he be considered unworthy
* years from the time disqualified
person too( possession
ction for declaration of incapacity ( for
recovery of the inheritance, devise or
legacy
+) days from issuance of order of
distri&ution
>ust signify acceptance;repudiation
otherwise, deemed accepted
1 month form %ritten notice of sale 2ight to repurchase hereditary rights sold
to a stranger by a co-heir
1) years .o enforce warranty of title;quality of
property ad9udicated to co-heir from the
time right of action accrues
* years from partition .o enforce warranty of solvency of debtor
of the estate at the time partition is made
, years form partition ction for rescission of partition on account
of lesion
1"