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Ateneo Central Bar Operations 2007 Civil Law Summer Reviewer PDF
Ateneo Central Bar Operations 2007 Civil Law Summer Reviewer PDF
Civil Law
SUMMER REVIEWER
SUCCESSION
CHAPTER 1: GENERAL PROVISIONS
SUCCESION - Is a mode of acquisition by
virtue of which the property, rights and
obligations to the extent of the value of the
inheritance, of a person are transmitted
through his death to another or others either
by his will or by operation of law (Art. 774)
ELEMENTS OF SUCCESSION
1. Decedent
2. Successors
a. Heirs those who are called to the whole or
to an aliquot portion of the inheritance either
by will or by operation on law
b. Devisees or Legatees persons to whom
gifts of real or personal property are
respectively given by virtue of a will.
3. Death of the Person However, a person may
be presumed dead for the purpose of opening his
succession (see rules on presumptive death). In
this case, succession is only of provisional
character because there is always the chance
that the absentee may be alive.
4. Inheritance is the subject matter of Succession
it includes:
Property and transmissible rights and
obligations
Existing at the time of his death
AND those which have accrued thereto
since the opening of succession.
RIGHTS EXTINGUISHED BY DEATH
1. Support
2. Usufruct
3. Those arising from personal consideration
4. Personal easements
5. Partnership rights
6. Agency
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Succession
Refers to the legal
mode
by
which
inheritance
is
transmitted to the
persons entitled to it.
Inheritance
Refers
to
the
universality or entirety
of the property, rights
and obligations of a
person who died.
KINDS OF SUCCESSION
1. Testamentary that which results from the
designation of an heir, made in a will executed in
the form prescribed by law
2. Legal or Intestate that which takes place by
operation of law in the absence of a valid will
3. Mixed that which is effected partly by will and
partly by operation of law
KINDS OF HEIRS
1. Compulsory those who succeed by force of
law to some portion of the inheritance, in an
amount predetermined by law, of which they
cannot be deprived by the testator, except by a
valid disinheritance
2. Voluntary or Testamentary those who are
instituted by the testator in his will, to succeed to
the portion of the inheritance of which the testator
can freely dispose
3. Legal or Intestate those who succeed to the
estate of the decedent who dies without a valid
will, or to the portion of such estate not disposed
of by will
Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim;
Subject Head: Polaris Rivas;
3.
4.
5.
6.
7.
INTERPRETATION OF WILLS
1. Animus Testandi - The testators intent (animus
testandi), as well as giving effect to such intent is
primordial. EXCEPT: when the intention of the
testator is contrary to law, morals or public policy.
2. In case of doubt, the interpretation by which the
disposition is to be operative or will sustain and
uphold the will in all its parts shall be adopted,
provided that it can be done consistently with the
established rules of law.
3. Ambiguities in Wills Intrinsic or extrinsic
evidence may be used to ascertain the testatorial
intent of the testator. EXCEPT: the oral
declarations of the testator as to his intentions
must be excluded because such testimony would
be hearsay.
4. After Acquired Property - Property acquired
during the period between the execution of the
will and the death of the testator is NOT included
among the property disposed of. EXCEPT: When
a contrary intention expressly appears on the will.
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devisees and not
institution
of heirs
TESTAMENTARY CAPACITY
1. All persons who are not expressly prohibited by
law
2. 18 years old and above
LEGAL
PRESUMPTION
SOUNDNESS OF MIND
IN
FAVOR
OF
Page 84 of 297
SUBSCRIPTION
2. mental act
2. mechanical act
3. Purpose is to render
available proof during the
probate that such will had
been executed in
accordance with the
formalities prescribed by
law
4. Found after the
attestation clause at the
end or last page of the will
3. Purpose is for
identification
OR
Of sound mind
Of the age of 18 years or more
Not blind, deaf or dumb
Able to read and write
Domiciled in the Philippines
Have not been convicted of falsification of a
document, perjury or false testimony
c.
ELEMENTS OF A CODICIL
d. If the testator is a foreigner and the will is
executed in a foreign country, then its formal
validity is governed either:
i.
By the law of the place where the will
was made
ii.
By the law of his own country
iii.
By the law of the country where he
resides
iv.
By the CC of the Philippines
2. SUBSTANTIVE VALIDITY
ASPECTS OF THE WILL GOVERNED
NATIONAL LAW OF THE DECEDENT:
a.
b.
c.
d.
BY
Order of succession
Capacity to succeed
Amount of successional rights
Intrinsic validity (Art 16)
Intrinsic validity
VALIDITY OF JOINT WILLS
AMENDMENT OF WILLS
1. Notarial only through a codicil
2. Holographic in three ways
a. Dispositions may be added below the
signature, PROVIDED that said dispositions
1.
2.
3.
4.
REQUISITES
REFERENCE
FOR
INCORPORATION
BY
Page 87 of 297
3.
REPUBLICATION
Takes place by an act of
the testator
Corrects extrinsic and
extrinsic defects
REVIVAL
Takes
place
by
operation of law
Restores a revoked will
Page 88 of 297
KINDS OF PROBATE
1. Post-Mortem after the testators death
2. Ante-Mortem during his lifetime
FINAL DECREE OF PROBATE
Once a decree of probate becomes final in
accordance with the rules of procedure it
becomes Res Judicata
It is conclusive as to the due execution of the will
(extrinsic validity only)
2.
at the time of
thereto.(Art 839)
REVOCATION
Voluntary act of the
testator
With or without cause
May be partial or total
affixing
his
signature
DISALLOWANCE
Given by judicial decree
Always for a legal cause
Always total EXCEPT
when the ground of fraud
or influence for example
affects
only
certain
portions of the will
Page 89 of 297
TESTAMENTARY DISPOSITIONS
1. Condition future or uncertain event, or a past
event unknown to the parties, upon which the
performance of an obligation depends
2. Term the day or time when an obligation either
becomes demandable or terminates
3. Modal Institution the statement of the
institution; application of the property left by the
testator or the charge imposed on him
4. Disposicion Captatoria condition that the heir
shall make some provision in his will of the
testator or of any other person (prohibited
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contractual act)
5. Causal Condition condition us casual if it
depends upon chance and/or upon the will of a
third person
6. Mixed Condition - It is mixed if it depends both
partly upon the will of the heir himself and upon
chance and/or the will of a third person
7. Potestative Condition one the fulfillment of
which depends purely on heir
Testator is a Legitimate
Person
Legitimate children and
descendant
In
default
of
the
foregoing,
legitimate
parents and ascendants
Surviving spouse
Testator is an
Illegitimate Person
Legitimate children and
descendants
Illegitimate parents and
ascendants
In
default
of
the
foregoing,
illegitimate
parents only
Surviving spouse
Page 92 of 297
Surviving spouse
Illegitimate children
3.
Free portion
or
ascendants;
8.
Surviving
or
Surviving
spouse
only
(marriage in articulo mortis)
Free portion
parents
Legitimate
spouse
6.
5.
10.
children
and
of the estate
of the estate
PERSONAL ELEMENTS
1. ORIGINATOR the ascendant, brother or sister
from whom the propositus had acquired the
property by gratuitous title
2. PROPOSITUS The descendant who died and
from whose death the reservistas in turn had
acquired the property by operation of law. The so
called ARBITER OF THE FATE OF THE
RESERVA TRONCAL.
Note: Prepositus can terminate the reserva by:
a. Substituting or alienating the property
b. By bequeathing or devising it either to the
potential reservista or to other third person
c. By partitioning it and assigning the property
to parties other than the reservista
3. RESERVISTA The ascendant, not belonging to
the line from which the property came that is the
only compulsory heir and is obliged to reserve
the property.
4. RESERVATARIOS The relative of the
propositus within the 3rg degree and who belong
to the line from which the property came and for
whose benefit reservation is constituted. They
must be related by blood not only to the
propositus but also to the originator.
NOTE: The Civil Code did not provide for the
rules on how the reservatarios would
succeed to the reservista. However, the
following rules on intestacy have been
consistently applied:
a. Rule of preference between the lines
b. Rule of proximity
c. Right of representation provided that the
representative is a relative within the 3rd
degree, and that he belongs to the line from
which the reservable property came
d. full blood/double share rule in Article 1006
NOTE: Gonzales v. CFI, 104 Phil 479, the
reservista had no power to appoint, by will, which
reservatarios were to get the reserved property
Page 94 of 297
2. Representation
3. Accretion
DISINHERITANCE
1.
2.
3.
4.
5.
6.
7.
8.
9.
Reserva Maxima
Much of the potentially
reservable property as
possible must be demed
included in the part that
passes by operation of
law
Rerserva Minima
Every single property in
the Prepositus estate
must be deemed to
pass, partly by will and
partly by operation of
law,
in
the
same
proportion that the part
given by will bears to the
part not so given
Minima
finds
wider
acceptance here
10.
11.
12.
13.
1.
2.
3.
4.
5.
6.
7.
1. Substitution
Page 95 of 297
1.
2.
3.
4.
Grounds for
Descendant
Disinheritance
Only
against
1. Maltreatment of testator
a. By word slander, offensive language,
insult, libel. May be spoken or written.
b. By deed no need for violence,
something which caused the testator to
be humiliated. Laying hands if not under
attempt on life.
2. Leading a disgraceful life (or dishonest)
i.e., daughter living with a married man,
estafadora, prostitutes, drug dealers, drug
addict.
3. Commission of crime which carries with it the
penalty of civil interdiction
a. Descendant convicted of crime with civil
interdiction. Necessarily imposable, not
actually imposed.
b. Reclusion temporal, reclusion perpetua.
Ground
for
Disinheritance
Ascendants (Parents)
Only
against
1. Abandonment by parents
a. Willfully left the children to fend for
themselves
b. Abdication of parental duties.
c. Only refers to abandoned child.
d. Induced daughters to lead a disgraceful life
also applicable to sons.
2. Attempt on the life of one parent against
another parent.
a. Parent v. parent
b. Even if parents are not married, it is still a
ground.
c. No need for conviction. As long as the heir
can prove that there is an attempt.
d. They do not need to be spouses. However,
the testator must be a common child.
Grounds for Disinheritance Only against spouse
refers to legal spouses only, legally married to
each other
1. Giving cause for legal separation
a. No need for previous conviction
b. Prove infidelity if cause is contested
c. No need to prove grounds unless contested
by the heir.
d. Legal
separation
instituted
but
not
terminated, OK
e. If there is already a decree:
i.
Ground is conclusive
ii.
But, there is a need to disinherit
Page 96 of 297
IMPERFECT DISINHERITANCE
PRETERITION
The person omitted must
be a compulsory heir in the
direct line
Always implied
May be intentional or
unintentional
Effect: total annulment of
institution of heirs
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REVOCATION OF DISINHERITANCE
1. Reconciliation
2. Subsequent institution of the disinherited heir
3. Nullity of the will which contains the
disinheritance
1.
2.
3.
4.
Compulsory heir;
Voluntary heir;
Legatee or devisee;
Estate.
If the will is silent as to who shall pay or deliver
the legacy/devise, there is a presumption that
such legacy or devise constitutes a charge
against the decedents estate
Since legacies and devises are to be taken from
the disposable free portion of the estate, the
provisions on institution of heirs are generally
applicable to them
Page 97 of 297
INTESTATE
SUCCESSION
IN
iii.
Instances
when
1. Predecease
2. Incapacity of Unworthiness
3. Disinheritance
IN
WHAT
KINDS
OF
REPRESENTATION OPERATES
SUCCESSION
QUALIFICATIONS TO REPRESENT
1. Legitimes
The children and descendants of the person
disinherited shall take his or her place and shall
preserve the rights of compulsory heir with
respect to the legitime (Art 923)
And only when the heir to be represented:
a. Predecease, becomes incapacitated, or was
disinherited by the testator.
b. Is a compulsory heir.
c. No right of representation if the heir to be
represented is a voluntary heir.
2. Intestate succession
Representation occurs in all intestate estate. All
legal heirs may be represented when proper. (It
is not proper only when the heir to be
represented repudiated his share in the
inheritance)
IN WHAT
OBTAIN
LINES
DOES
REPRESENTATION
ILLEGITIMATE
OR
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legitimate children and descendants can
represent him.
2. If the child to be represented is illegitimate both
legitimate and illegitimate children/descendants
can represent him.
2. An adopted child can neither represent nor be
represented
Division
All
grandchildren
still
inherit per stirpes
Nephews and nieces
inherit per capita
Legitimate Children/Descendants
Illegitimate Children/Descendants
Legitimate Parents/ Ascendants
Illegitimate Parents
Surviving Spouse
Brothers, Sisters, Nephews, Nieces
Other Collaterals to the 5th degree
State
Page 99 of 297
ADDITIONAL NOTES
1. The capacity to succeed is governed by the law
of the nation of the decedent.
2. Persons not incapacitated by law may succeed
by will or ab intestato.
3. If the heir excluded from the inheritance by
reason of incapacity is a compulsory heir, and if
such compulsory heir has children or
descendant, the latter shall acquire the
incapacitated heirs right to the legitime (by
representation.).
4. A testamentary provision in favor of a disqualified
person, even though made under the guise of an
onerous contract, or made through an
intermediary, shall be void. (755)
CHARACTERISTICS OF REPUDIATION
1. Free and Voluntary Act
2. Irrevocable once made and cannot be impugned,
except in cases vitiating consent.
3. Retroactive
REQUISITES FOR A VALID REPUDIATION
1. Heir repudiating must be certain of two things
before repudiating:
a. Death of the person from whom he is to
inherit;
b. Right to the inheritance.
2. Who may repudiate? Any person having the
free disposal of his property.
3. How is repudiation made? The repudiation of
the inheritance shall be made in a public or
authentic instrument, or by a petition
presented to the court having jurisdiction over the
testamentary or intestate proceedings.
a. If the heir repudiates the inheritance to the
prejudice of his own creditors, the latter may
petition the court to authorize them to accept
it in the name of the heir.
b. If an heir is both a testate and legal heir,
repudiation of the inheritance as a testate
heir, he is understood to have repudiated in
both capacities. However, should he
repudiate as a legal heir, without knowledge
of being a testate heir, he may still accept the
inheritance as a legal heir.
i.
In favor of all his co heirs indiscriminately
- there is repudiation because heir
deemed to have not accepted. Hence,
accretion takes place.
ii.
In favor of all co-heirs but in proportion
different from those they would receive
by accretion: considered as tacit
acceptance.
iii.
c.
COLLATION
Collation is the act by virtue of which, the
persons who concur in the inheritance bring
back to the common hereditary mass the
property which they have received from him,
so that a division may be effected according to
law and the will of the testator.
To 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.
PROPERTIES OR RIGHTS
COMPULSORY
HEIR
NOT
COLLATION
RECEIVED
SUBJECT
BY
TO
Compulsory heir;
Voluntary heir
Legatee or devisee;
Any person who has acquired interest in the
estate