San Beda Succession PDF

San Beda College of Law 53
MEMORY AID IN CIVIL LAW
SUCCESSION
SUCCESSION NOTE: The distinctions between
A mode of acquisition by virtue heirs and devisees/legatees are
of which the property, rights and significant in these cases:
obligations to the extent of the 1. Preterition (pretermission)
value of the inheritance, of a 2. Imperfect disinheritance
person are transmitted through 3. After-acquired properties
his death to another or others 4. Acceptance or non-
either by his will or by operation repudiation of the
of law. (Art. 774) successional rights.
Kinds: 3. DEATH OF THE DECEDENT (casual

1. Testamentary or Testacy (by will); element)
2. Legal or intestacy (by operation of Moment when rights to succeed are
law based on the decedents transmitted (Art 777)
presumed will); However, a person may be
3. Mixed (Partly Testamentary and presumed dead for the purpose of
Legal); and opening his succession (see rules on
4. Partition inter vivos (to a certain presumptive death). In this case,
degree). succession is only of provisional
character because there is always
Elements: the chance that the absentee may
1. DECEDENT (subjective element) still be alive.
2. SUCCESSORS (subjective element) 4. Inheritance (objective element);
a. Heirs - those who are called to
the whole or to an aliquot NOTE: Whatever may be the time when
portion of the inheritance either actual transmission takes place,
by will or by operation of law succession takes place in any event at
1) Voluntary those instituted the moment of the decedents death.
by the testator in his will, to (Lorenzo vs. Posadas 64 Phil 353)
succeed to the inheritance
or the portion thereof of SUCCESSION INHERITANCE
which the testator can freely Refers to the legal Refers to the
dispose. mode by which universality or
2) Compulsory or Forced those inheritance is entirety of the
who succeed by force of law transmitted to the property, rights
to some portion of the persons entitled and obligations of
to it a person who died
inheritance, in an amount
predetermined by law,
Inheritance includes:
known as the legitime.
1. PROPERTY, RIGHTS AND
3) Legal or Intestate those
OBLIGATIONS NOT EXTINGUISHED BY
who succeed to the estate of
DEATH
the decedent who dies
General rules on rights and
without a valid will, or to
obligations extinguished by his
the portion of such estate
death
not disposed of by will.
a) Rights which are purely personal
b. Devisees or legatees - persons to
are by their nature and purpose
whom gifts of real or personal
intransmissible for they are
property are respectively given
extinguished by death (e.g.
by virtue of a will
those relating to civil
personality, family rights,
discharge of office).
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
54 2005 CENTRALIZED BAR OPERATIONS
b) Rights which are patrimonial or determination of whether or not the

relating to property are testamentary disposition is to be
generally part of inheritance as operative.
they are not extinguished by
death. NOTE: However, the following acts MAY
c) Rights of obligations are by be entrusted to a third person: (Article
nature transmissible and may 786 Civil Code)
constitute part of inheritance a. distribution of specific property
both with respect to the rights of or sums of money that he may leave
the creditor and as regards to in general to specified classes or
the obligations of the debtor. causes; and
b. designation of the persons,
2. ALL WHICH HAVE ACCRUED THERETO institutions or establishments to
SINCE THE OPENING OF SUCCESSION which such property or sums are to
(Article 781 Civil Code) be given or applied.
3. FREE AND VOLUNTARY ACT Any vice
I. TESTAMENTARY SUCCESSION affecting the testamentary freedom can
cause the disallowance of the will.
A. CONCEPT 4. FORMAL AND SOLEMN ACT The
formalities are essential for the validity
WILL - an act whereby a person is of the will.
permitted, with the formalities 5. ACT MORTIS CAUSA
prescribed by law, to control to a certain 6. AMBULATORY AND REVOCABLE
degree the disposition of his estate to DURING THE TESTATORS LIFETIME
take effect after his death (Art. 783) 7. INDIVIDUAL ACT Two or more
persons cannot make a single joint will,
NOTE: Thus, a document that does not either for their reciprocal benefit or for
purport to dispose of ones estate either another person. However, separate or
by the institution of heirs or designation individually executed wills, although
of devisees/legatees or, indirectly, by containing reciprocal provisions (mutual
effecting a disinheritance, is not to be wills), are not prohibited, subject to the
governed by the law on testamentary rule on disposicion captatoria.
succession but by some other applicable 8. DISPOSITION OF PROPERTY
laws.
B. INTERPRETATION OF WILLS (ARTS.
Kinds of Wills: 788-792)
1. Notarial or ordinary The testators intent (animus testandi),
2. Holographic as well as giving effect to such intent, is
primordial. It is sometimes said that the
Characteristics of a Will: supreme law in succession is the intent
1. UNILATERAL of the testator. All rules of construction
2. STRICTLY PERSONAL ACT - The are designed to ascertain and give effect
disposition of property is solely to that intention. It is only when the
dependent upon the testator. intention of the testator is contrary to
law, morals, or public policy that it
NOTE: The following acts MAY NOT be cannot be given effect.
left to the discretion of a third person:
(Article 785, 787 Civil Code) In case of doubt, that interpretation by
duration or efficacy of the designation of which the disposition is to be operative
heirs, devisees or legatees; shall be preferred. That construction is
determination of the portions which they to be adopted which will sustain and
are to take, when referred to by uphold the will in all its parts, if it can
name; and be done consistently with the
established rules of law.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
Kinds of Ambiguities: (Article 786) Requisites:

1. LATENT OR INTRINSIC AMBIGUITIES 1. At least 18 years of age
that which does not appear on the face 2. Of sound mind, i.e., the ability to
of the will and is discovered only by know:
extrinsic evidence. a. the nature of the estate to be
2. PATENT OR EXTRINSIC AMBIGUITIES disposed of;
that which appears on the face of the b. the proper objects of his bounty;
will itself and
c. the character of the
NOTES: testamentary act.
There is no distinction between
patent and latent ambiguities, in so NOTE: The law presumes that the
far as the admissibility of parol or testator is of sound mind, UNLESS:
extrinsic evidence to aid a. he, one month or less, before making
testamentary disposition is his will, was publicly known to be
concerned. insane; or
Extrinsic evidence to explain b. was under guardianship at the time of
ambiguities in a will cannot include making his will. (Torres and Lopez de
oral declarations of the testator as Bueno vs. Lopez 48 Phil 772)
to his intention. In both cases, the burden of proving
The validity of a will as to its form sanity is cast upon proponents of the
depends upon the observance of law will.
in force at the time it is made. (Art.
795). Effect of Certain Infirmities:
If a law different from the law in 1. mere senility or infirmity of old age
force at the time of the execution of does not necessarily imply that a
the will goes into effect before or person lacks testamentary capacity;
after the death of the testator, such 2. physical infirmity or disease is not
a law shall not affect the validity of inconsistent with testamentary
the will, provided that such will was capacity;
duly executed In accordance with 3. persons suffering from idiocy (those
the formalities prescribed by law in congenitally deficient in intellect),
force at the time it was made. imbecility (those who are mentally
deficient as a result of disease), and
AFTER-ACQUIRED PROPERTY (Art. 793) senile dementia (peculiar decay of
Gen. Rule: Property acquired during the the mental faculties whereby the
period between the execution of the will person afflicted is reduced to second
and the death of the testator is NOT childhood) do not possess the
included among the property disposed necessary mental capacity to make a
of. will;
Exception: When a contrary intention 4. an insane delusion which will render
expressly appears in the will one incapable of making a will may
be defined as a belief in things which
NOTE: This rule applies only to legacies do not exist, and which no rational
and devises and not to institution of mind would believe to exist;
heirs. 5. if the insane delusion touches to
subject matter of the will,
C. TESTAMENTARY CAPACITY testamentary disposition is void.
refers to the ability as well as the 6. a deaf-mute and blind person can
power to make a will. make a will (i.e. Art. 807-808). A
- must be present at the time of the blind man with a sound and disposing
execution of the will. mind can make a holographic will.
7. an intoxicated person or person
under the influence of drugs may
make a will as there is no complete
loss of understanding.
CIVIL LAW COMMITTEE

Exception: where the testator has by him to write his name and the
used intoxicating liquor or drugs instrumental witnesses of the will on
excessively to such an extent as to each and every page thereof, except
impair his mind, so that at the time the last, on the left margin;
the will is executed, he does not
know the extent and value of his Exceptions to the rule that all of the
property, or the names of persons pages of the will shall have to be
who are the natural objects of his signed on the left margin by the
bounty, the instrument thus testator and witnesses::
executed will be denied probate for (1) in the last page, when the will
lack of testamentary capacity. consists of two or more pages;
(2) when the will consists of only one
D. FORMALITIES OF WILLS page;
(EXTRINSIC VALIDITY) (3) when the will consists of two
pages, the first of which contains all
COMMON FORMALITIES the testamentary dispositions and is
1. Every will must be in writing; and signed at the bottom by the testator
2. Executed in a language or dialect and the witnesses and the second
known to the testator. contains only the attestation clause
duly signed at the bottom by the
SPECIAL FORMALITIES witnesses.
I. NOTARIAL OR ORDINARY WILL
a. SUBSCRIPTION made at the end The inadvertent failure of one
thereof by the testator himself or by witness to affix his signature to one
the testator's name written by some page of a testament, due to the
other person in his presence and by simultaneous lifting of two pages in
his express direction; the course of signing, is not per se
Subscription refers to the sufficient to justify denial of probate
manual act of testator and also (Icasiano vs. Icasiano II SCRA 422).
of his instrumental witnesses of
affixing their signature to the d. PAGE NUMBERINGS Written
instrument. correlatively in letters placed on the
b. ATTESTATION AND SUBSCRIPTION - upper part of each page;
(evidenced by an attestation
clause) by 3 or more credible NOTE: This is not necessary when all of
witnesses in the presence of the the dispositive parts of a will are written
testator and of one another; on one sheet only.
Attestation consists in the act of
witnesses of witnessing the e. ACKNOWLEDGMENT Done before a
execution of the will in order to notary public by the testator and the
see and take note mentally that instrumental witnesses.
such will has been executed in
accordance with requirements NOTE: The notary public before whom
prescribed by law. the will was acknowledged cannot be
considered as the third instrumental
ATTESTATION SUBSCRIPTION witness since he cannot acknowledge
1. an act of the 1. an act of the before himself his having signed the will.
senses hand If the third witness were the notary
2. mental act 2. mechanical act public himself, he would have to avow,
3. purpose is to 3. purpose is assent, or admit his having signed the
render available identification will in front of himself. To allow such
proof during
would have the effect of having only two
probate of will
attesting witnesses to the will which
would be in contravention of Arts. 805
c. MARGINAL SIGNATURES affixed by
and 806. (Cruz vs. Villasor 54 SCRA 31)
the testator or the person requested

Ethics)
MANNER OF SIGNING: thereof in the presence of the

The use of any signature, marks or testator and of one another.
design intended by the testator to
authenticate renders the will TEST OF PRESENCE: Not whether
sufficiently signed by the testator. they actually saw each other sign,
A signature by mark will be sufficient but whether they might have seen
even if at the time of placing it, the each other sign had they chosen to
testator knew how to write and is do so considering their mental and
able to do so. physical condition and position with
It is sufficiently signed by writing his relation to each other at the
initials, or his first name, or he may moment of inscription of each
use even an assumed name. signature. (Jaboneta vs. Gustilo)
A complete signature is not essential
to the validity of a will, provided the In the case of an ordinary or attested
part of the name written was affixed will, its attestation clause need not
to the instrument with intent to be written in a language or dialect
execute it as a will. known to the testator since it does
not form part of the testamentary
ATTESTATION CLAUSE disposition.
- memorandum or record of facts The language used in the attestation
wherein the witnesses certify that the clause likewise need not even be
will has been executed before them, and known to the attesting witnesses.
that it has been executed in accordance Art. 805 merely requires that, in
with the formalities prescribed by law. such a case, the attestation clause
Absence of this clause will render shall be interpreted to said
the will a nullity. witnesses. (Caneda vs. CA 222 SCRA
781)
It must state the following ESSENTIAL
FACTS: Effects of defects or imperfections in
1. the number of pages used upon the Attestation Clause:
which the will is written; If the defect of the attestation
HOWEVER, even if number of pages is clause goes into the very essence of
omitted in the AC BUT if there is an the clause itself or consists in the
acknowledgment clause which states the omission of one, some, or all of the
number of pages or the will itself essential facts, and such omission
mentioned such number of pages, it may cannot be cured by an examination
still be considered valid applying the of the will itself, the defect is
Liberal Interpretation of the law. substantial in character, as a
(Tabuada vs. Rosal) consequence of which the will is
invalidated.
2. the fact that the testator signed
the will and every page thereof, However, In the absence of bad
or caused some other person to faith, forgery, fraud, or undue and
write his name, under his improper pressure and influence,
express direction, in the defects and imperfections in the
presence of the instrumental form of attestation or in the
witnesses; language used therein shall not
When the testator expressly caused render the will invalid if it is proved
another to sign the formers name, that the will was in fact executed
this fact must be recited in the and attested in substantial
attestation clause. Otherwise, the compliance with Art. 805 (formal
will is fatally defective. (Garcia vs. requirements). This is known as the
Lacuesta 90 Phil 489) DOCTRINE OF LIBERAL
INTERPRETATION (Art. 809)
3. that the witnesses witnessed and
signed the will and all the pages
CIVIL LAW COMMITTEE

Purposes of requiring witness to attest ADDITIONAL REQUIREMENTS FOR

and to subscribe to a will: SPECIAL CASES
1. identification of the instrument 1. Deaf or deaf-mute testator:
2. protection of the testator from fraud a) personal reading of the will, if
and deception able to do so; OR
3. the ascertainment of the b) if not possible, designation of 2
testamentary capacity of the persons to read the will and
testator. communicate to him, in some
practicable manner, the
NOTE: Certain points to consider contents thereof. (Article 807)
(Tolentino) 2. Blind testator:
1. Mere knowledge by testator that Double-reading requirement:
another is signing, and acquiescing in a. first, by one of the subscribing
it, there being no express witnesses, AND
direction, is NOT sufficient. b. second, by the notary public
2. Not required that the name of the before whom the will is
person who writes the testators acknowledged. (Article 808)
name should also appear on the will; Art. 808 applies not only to blind
enough that testators name is testators but also to those who, for
written. one reason or another are incapable
3. If the required numbers of attesting of reading their wills (e.g. poor,
witness are competent, the fact that defective or blurred vision).
an additional witness, who was
incompetent also attested to the In a case where the testator did not
will, cannot impair the validity. read the final draft of the will, but
4. Immaterial in what order the acts the lawyer who drafted the
are performed provided the document, read the same aloud in
signature or acknowledgment by the the presence of the testator, 3
testator and the attestation of the witnesses, and notary public, the
witnesses be accomplished in one Court held that the formal
occasion, and as part of one imperfections should be brushed
transaction. aside when the spirit behind the law
5. The law refers to page and not to was served though the letter was
sheet or leaf or folio, so every page not. (Alvarado vs. Gaviola 226 SCRA
used in the will should be signed on 347)
the left margin.
6. An attestation clause need be signed WITNESS TO NOTARIAL WILLS
ONLY by the witnesses and not by (ARTS. 820 & 821)
the testator as it is a declaration Requirements:
made by the witnesses. 1. of sound mind;
7. date of will: 2. able to read and write;
a. ordinary will: not an essential 3. not blind, deaf or dumb;
part; 4. at least 18 years of age;
b. holographic will: an essential 5. domiciled in the Philippines;
part.
6. has not been convicted of
8. Failure or error to state the place of
falsification of a document, perjury,
execution will not invalidate the
or false testimony
will.
9. Signing of a will by the testator and
NOTE: A witness need not know the
witnesses and acknowledgment
contents of the will, and need not be
before a notary public, need not be
shown to have had a good standing in the
a single act.
community where he lives. Also, the
10. Testamentary capacity must also
acknowledging notary public cannot be
exist at the time of
one of the 3 minimum numbers of
acknowledgment.
witnesses.

Ethics)
Interested witness voided or revoked for the simple reason

A witness to a will who is that nothing remains in the will after
incapacitated from succeeding from that which could remain valid.
the testator by reason of a
devise/legacy or other testamentary Effects of words written by another
disposition therein in his favor, or in and inserted in the words written by
favor of his spouse, parent, or child. the testator:
However, his competence as a a. If the insertion was made after the
witness subsists. execution of the will, but without
the consent of the testator, such
2. HOLOGRAPHIC WILL (Article 810) insertion is considered as not
a. entirely written by the hand of written, because the validity of the
the testator; will cannot be defeated by the
b. entirely dated by the hand of the malice or caprice of third person.
testator; and b. If the insertion after the execution
c. entirely signed by the hand of of the will was with the consent of
the testator. the testator, the will remains valid
but the insertion is void.
NOTE: The law exacts literal c. If the insertion after the execution is
compliance with these requirements. validated by the testator by his
HENCE, THE DOCTRINE OF LIBERAL signature thereon, then the insertion
INTERPRETATION CANNOT BE APPLIED. becomes part of the will, and the
entire will becomes void, because
Nevertheless, the Court held in a of failure to comply with the
case that as a general rule, the requirement that it must be wholly
date in a holographic will should written by the testator.
include the day, month, and year of d. If the insertion made by a third
its execution. However, when there person is made contemporaneous to
is no appearance of fraud, bad faith, the execution of the will, then the
undue influence and pressure and will is void because it is not written
the authenticity of the will is entirely by the testator.
established and the only issue is
whether or not the date FEB./61 Probate of Holographic Will
appearing on the will is a valid 1. If UNCONTESTED, requires that at
compliance with Art. 810, probate of least 1 witness who knows the
the holographic will should be handwriting and signature of the
allowed under the principle of testator explicitly declare that the
substantial compliance. (In the will and signature are in the
matter of Intestate Estate of Andres handwriting of the testator; if no
de Jesus and Bibiana Roxas de Jesus, witness, expert testimony may be
134 SCRA 245) resorted to.
2. If CONTESTED, requires at least 3 of
Rule in case of insertion, cancellation, such credible witnesses, if none
erasure or alteration: expert witness.
Testator must authenticate the same
by his FULL SIGNATURE. (Article 814) NOTE: Where the testator himself
petitions for the probate of his
NOTE: In the case of Kalaw vs. Relova holographic will and no contest is file,
(134 SCRA 241), the holographic will in the fact that he affirms that the
dispute had only one substantial holographic will and the signature are in
provision, which was altered by his own handwriting, shall be sufficient
substituting the original heir with evidence thereof. If the holographic will
another, but which alteration did not is contested, the burden of disproving
carry the requisite of full authentication the genuineness and due execution
by the full signature of the testator, the thereof shall be on the contestant.
effect must be that the entire will is
CIVIL LAW COMMITTEE

A photostatic or xerox copy of a lost --will of 2 or more persons is made in the

or destroyed holographic will may be same instrument and is jointly signed by
admitted because the authenticity of them
the handwriting of the deceased can
be determined by the probate court, Mutual wills wills executed pursuant to
as comparison can be made with the an agreement between two or more
standard writings of the testator. persons to dispose of their property in a
(Rodelas vs. Aranza, 119 SCRA 16) particular manner, each in consideration
of the other
GOVERNING LAW ON FORMALITIES --separate wills of 2 persons, which are
1. As to time: reciprocal in their provisions.
The validity of a will as to its form
depends upon the observance of the Reciprocal wills- wills in which the
law in force at the time it is made. testators name each other as
Its intrinsic validity, however, is beneficiaries under similar testamentary
judged at the time of the plans
decedents death by the law of his
nationality. NOTE: A will that is both joint and
mutual is one executed jointly by two or
2. As to place: more persons, the provisions of which
a. Filipino testator executing a will in are reciprocal and which shows on its
the Philippines: Philippine law face that the devises are made in
b. Filipino testator executing a will consideration of the other. Such is
outside of the Philippines: either prohibited.
1) The law of the country in which
it is executed; or Reasons:
2) The law of the Philippines. 1. will is purely personal and unilateral
c. Alien testator executing a will in the act
Philippines: either 2. contrary to the revocable character
1) The law of the Philippines; or of a will
2) The law of the country of which 3. may expose the testator to undue
he is a citizen or subject. influence, and may even induce one
d. Alien testator executing a will of the testators to kill the other.
outside of the Philippines: either
1) The law of the place where it is NOTE: Joint wills executed by Filipinos
executed; or in a foreign country shall not be valid in
2) The law of the place in which he the Philippines, even though authorized
resides; or by the foreign country in which they may
3) The law of his country; or have been executed (Article 819 Civil
4) The law of the Philippines. Code).
This prohibition is applicable
Aspects of the will governed by only in joint wills executed by Filipinos
National Law of the Decedent (Article in a foreign country; it does NOT APPLY
1039 and Article 16 Civil Code) to joint wills executed by aliens.
a. Order of succession
b. Amount of successional rights
c. Intrinsic validity E. CODICIL AND INCORPORATION BY
d. Capacity to succeed REFERENCE
Joint will a single testamentary CODICIL

instrument which contains the wills of A supplement or addition to a will,
two or more persons, jointly executed by made after the execution of a will
them, either for their reciprocal benefit and annexed to be taken as a part
or for the benefit of a third person thereof, by which any disposition
made in the original will is

Ethics)
explained, added to, or altered. domiciled in the Philippines, it is

(Article 825) valid when it is in accordance with
NOTE: To be effective, it must be the laws of the Philippines
executed as in the case of a will. Its 3. Revocation done outside the
execution has the effect of republishing Philippines, by a testator who does
the will as modified. not have his domicile in this
country, is valid when it is done
INCORPORATION BY REFERENCE according to the:
(ART 827) a. laws of the place where the
Contemplates only lists of will was made, or
properties, books of accounts, and b. laws of the place in which the
inventories. testator had his domicile at the
Provisions which are in the nature of time of revocation;
testamentary dispositions must be
contained in the will itself. MODES OF REVOCATION (ART 830)
1. By implication of law:
Requisites for a valid incorporation by a. legal separation revokes
reference: (ART 827) testamentary provisions in favor
1. The document or paper referred to of the offending spouse;
in the will must be in existence at b. preterition revokes the
the time of the execution of the institution of heir;
will; c. judicial action for recovery of
2. The will must clearly describe and debt revokes a legacy of
identify the same, stating among credit/remission of debt;
other things the number of pages d. transformation, alienation, or
thereof; loss of bequeathed property
3. It must be identified by clear and revokes a legacy of such
satisfactory proof as the document property;
or paper referred to therein; e. act of unworthiness by an heir,
4. It must be signed by the testator and devisee/legatee revokes
the witnesses on each and every testamentary provisions in his
page, except in case of voluminous favor;
books of account or inventories. f. if both spouses of the
subsequent marriage acted in
F. REVOCATION OF WILLS AND bad faith, said marriage shall be
TESTAMENTARY DISPOSITIONS void ab initio and testamentary
dispositions made by one in
REVOCATION favor of the other are revoked
An act of the mind, terminating the by operation of law (Art. 44,
potential capacity of the will to Family Code); and
operate at the death of the testator, g. void ab initio or annulled
manifested by some outward or marriages revoke testamentary
visible act or sign, symbolic thereof. dispositions made by one spouse
Such right to revoke a will cannot be in favor of the other (Art. 50,
waived or restricted. Family Code).
2. By some will, codicil, or other
LAWS WHICH GOVERN REVOCATION writing, executed as provided in case
(ART 829) of wills, which may either be:
1. If the revocation takes place in the a. Express when there is a
Philippines, whether the testator is revocatory clause expressly
domiciled in the Philippines or in revoking the previous will or a
some other country, it is valid when part thereof
it is in accordance with the laws of b. Implied when the provisions
the Philippines thereof are partially or entirely
2. If the revocation takes place outside inconsistent with those of the
the Philippines, by a testator who is previous will
CIVIL LAW COMMITTEE

NOTE: While express revocation may be with the intention of revoking the
effected by a subsequent will, or a will.
codicil, or a nontestamentary writing
executed as provided in case of wills, DOCTRINE OF DEPENDENT RELATIVE
implied revocation may be effected only REVOCATION (ART 832)
by either a subsequent will, or a codicil. A revocation subject to a condition
does not revoke a will unless and
3. By burning, tearing, cancelling, or until the condition occurs. Thus,
obliterating the will. where a testator revokes a will
Requisites: with the proven intention that he
a. testamentary capacity at the would execute another will, his
time of performing the act of failure to validly make a latter will
destruction; would permit the allowance of the
b. intent to revoke (animus earlier will.
revocandi);
c. actual physical act of Where the act of destruction is
destruction; connected with the making of
d. completion of the subjective another will so as fairly to raise the
phase; and inference that the testator meant
e. performed by the testator the revocation of the old to depend
himself or by some other person upon the efficacy of the new
in his presence and express disposition intended to be
direction substituted, the revocation will be
(THE LIST IS EXCLUSIVE.) conditional and dependent upon the
efficacy of the new disposition; and
NOTE: The act of revocation is a if for any reason, the new will
personal act of the testator. He cannot intended to be made as a substitute
delegate to an agent the authority to do is inoperative, the revocation fails
the act for him. Another person, and the original will remains in full
however, may be selected by him as an force (Vda. De Molo vs. Molo 90 Phil
instrument and directed to do the 37).
revocatory acts in his presence. A
destruction not accomplished in the Revocation by mistake
testators presence is an ineffective A revocation of a will based on a
revocation of the will. false cause or an illegal cause is null
and void. Thus, where a testator by
DOCTRINE OF PRESUMED REVOCATION a codicil or later will, expressly
Whenever it is established that the grounding such revocation on the
testator had in his possession or had assumption of fact which turns out
ready access to the will, but upon to be false, as where it is stated that
his death it cannot be found or the legatees/devisees named therein
located, the presumption arises that are dead, when in fact, they are
it must have been revoked by him by living, the revocation does not take
an overt act. effect.
Where it is shown that the will was
in custody of the testator after its G. REPUBLICATION AND REVIVAL OF
execution, and subsequently, it was WILLS
found among the testators effects
after his death in such a state of REPUBLICATION
mutilation, cancellation or The act of the testator whereby he
obliteration as represents a reproduces in a subsequent will
sufficient act of revocation, it will (express) the dispositions contained
be presumed in the absence of in a previous will which is void as to
evidence to the contrary, that such its form, or he executes a codicil
act was performed by the testator (constructive) to his will.

Ethics)
Its purpose is to cure the will of its H. ALLOWANCE AND DISALLOWANCE OF

formal defects. WILLS
NOTES: PROBATE
To republish a will void as to its A special proceeding mandatorily
form, all the dispositions must be required for the purpose of
reproduced or copied in the new or establishing the validity of a will.
subsequent will; The statute of limitations is not
To republish a will valid as to its applicable to probate of wills.
form but already revoked the
execution of a codicil which makes Questions determinable by the probate
reference to the revoked will is court: (ICE)
sufficient. 1. identity of the will;
2. testamentary capacity of the
Effects of Republication by virtue of a testator at the time of the execution
Codicil: of the will; and
1. Codicil revives the previous will 3. due execution of the will.
2. The old will is republished as of the
date of the codicil makes it speak, GENERAL RULE: In probate
as it were, from the new and later proceeding, the courts area of inquiry is
date. limited to an examination of, and
3. A will republished by a codicil is resolution on the extrinsic validity if the
governed by a statute enacted to the will, the due execution thereof, the
execution of the will, but which was testatrixs testamentary capacity and
operative when the codicil was the compliance with the requisites or
executed. solemnities prescribed by law. The
probate court cannot inquire into the
REPUBLICATION REVIVAL intrinsic validity of testamentary
provisions.
1. Takes place by 1. Takes place by
an act of the operation of law. EXCEPTION: Practical considerations,
testator e.g. when the will is intrinsically void on
its face.
2. Corrects extrinsic 2. Restores a
and intrinsic revoked will In Nuguid vs Nuguid (17 SCRA 449),
defects. the Supreme Court held that, if the
case were to be remanded for
REVIVAL probate of the will, nothing will be
The restoration to validity of a will gained. On the contrary, this
previously revoked by operation of litigation would be protracted. And
law (implied revocation). for aught that appears in the record,
in the event of probate or if the
PRINCIPLE OF INSTANTER court rejects the will, probability
The express revocation of the first exists that the case will come up
will renders it void because the once again before us on the same
revocatory clause of the second will, issue of the intrinsic validity or
not being testamentary in character, nullity of the will. RESULT: waste of
operates to revoke the previous will time, effort, expense, plus added
instantly upon the execution of the anxiety.
will containing it.
NOTE: In implied revocation, the first In Nepomuceno vs CA (139 SCRA
will is not instantly revoked by the 207), the Court ruled that the court
second will because the inconsistent can inquire as to the intrinsic
testamentary dispositions of the latter validity of the will because there
do not take effect immediately but only was an express statement that the
after the death of the testator. beneficiary was a mistress.
CIVIL LAW COMMITTEE

NOTES: Fair arguments, persuasion, appeal

Criminal action will not lie against to emotions, and entreaties which,
the forger of a will which had been without fraud or deceit or actual
duly admitted to probate by a court coercion, compulsion or restraint do
of competent jurisdiction. (Mercado not constitute undue influence
vs. Santos 66 Phil. 215) sufficient to invalidate a will.
(Barreto vs. Reyes 98 Phil 996)
The fact that the will has been Burden is on the person challenging
allowed without opposition and the the will to show that such influence
order allowing the same has become was exerted at the time of its
final and executory is not a bar to execution.
the presentation of a codicil, To make a case of UNDUE
provided it complies with all the INFLUENCE, the free agency of the
formalities for executing a will. It is testator must be shown to have been
not necessary that the will and destroyed; but to establish a ground
codicil be probated together as the of contest based on FRAUD, free
codicil may be concealed by an agency of the testator need not be
interested party. They may be shown to have been destroyed.
probated one after the other. Allegations of fraud and undue
(Macam vs. Gatmaitan 60 Phil 358) influence are mutually repugnant
and exclude each other; their joining
When a will is declared void because as grounds for opposing probate
it has not been executed in shows absence of definite evidence
accordance with the formalities against the validity of the will
required by law, but one of the (Icasiano vs. Icasiano 11 SCRA 422)
intestate heirs, after the settlement
of the debts of the deceased, pays a REVOCATION DISALLOWANCE
legacy in compliance with a clause in
the defective will, the payment is 1. voluntary act of 1. given by judicial
effective and irrevocable (Article the testator. decree.
1430, NCC; Natural Obligations).
2. with or without 2. must always be
Grounds for Disallowance of a Will (ART cause. for a legal cause.
839)
3. may be partial or 3. always total
1. Formalities required by law have not total. except: when the
been complied with; ground of fraud or
2. Testator was insane, or otherwise influence for
incapable of making a will, at the example affects
time of its execution; only certain
3. Will was executed through force or portions of the
under duress, or the influence of will.
fear, or threats;
4. Will was procured by undue and I. INSTITUTION OF HEIRS
improper pressure and influence, on (ARTS. 840-856)
the part of the beneficiary or of
some other person; INSTITUTION
5. Signature of the testator was An act by virtue of which a testator
procured by fraud; designates in his will the person or
6. Testator acted by mistake or did not persons who are to succeed him in
intend that the instrument he signed his property and transmissible rights
should be his will at the time of and obligations. (Art 840)
affixing his signature thereto. The proper test in order to
NOTE: GROUNDS ARE EXCLUSIVE. determine the validity of an
institution of heir is the possibility of
finally ascertaining the identity of

Ethics)
the instituted heir by intrinsic or made the institution had he known

extrinsic evidence. the falsity of the cause.
PRESUMPTIONS Where the one-sentence will

1. Presumption of Equality Heirs institutes the petitioner as the sole,
instituted without designation of universal heir and preterits the
shares shall inherit in equal parts. parents of the testatrix, and it
This is limited only to the case contains no specific legacies or
where all of the heirs are of the bequests, such universal institution
same class or juridical condition, and of petitioner, by itself, is void.
where there are compulsory heirs Intestate succession ensues. (Nuguid
among the heirs instituted, it should vs. Nuguid, et al. 17 SCRA 449)
be applied only to the disposable
free portion. PRETERITION (ART. 854)
2. Presumption of Individuality When Omission in the testators will of
the testator institutes some heirs one, some, or all of the compulsory
individually and others collectively, heirs in the direct line, whether
those collectively designated shall living at the time of the execution of
be considered as individually the will or born after the death of
instituted, unless it clearly appears the testator.
that the intention of the testator
was otherwise. Requisites:
3. Presumption of Simultaneity when 1. The heir omitted must be a
the testator calls to the succession a compulsory heir in the direct line;
person and his children, they are all 2. The omission must be complete and
deemed to have been instituted total in character; and
simultaneously and not successively. 3. The compulsory heir omitted must
survive the testator.
INSTITUTION BASED ON A FALSE CAUSE
(Article 850) There is no total omission
GENERAL RULE: The statement of a when:
false cause for the institution of an heir a. A devise/legacy has been given
shall be considered as not written. to the heir by the testator
Reason: Generosity of the testator is b. A donation inter vivos has been
the real cause of the testamentary previously given to the heir by
disposition. the testator; or
EXCEPTION: If it appears from the face c. Anything is left from the
of the will that the testator would not inheritance which the heir may
have made the institution had he known get by way of intestacy.
the falsity of the cause.
Example: Where the person NOTE: In the above cases, the
instituted is a total stranger to the remedy of the heir is completion of
testator, it is obvious that the real legitime under Art. 906, in case the
cause of the testamentary value of the property received is less
disposition is not the generosity of than the value of the legitime.
the testator but the fact itself which
turned out to be false. Effects of Preterition:
1. It annuls the institution of heir;
REQUISITES FOR THE ANNULMENT OF 2. The devises and legacies are valid
INSTITUTION OF HEIRS: insofar as they are not inofficious;
1. cause of institution of heirs must be and
stated in will; 3. If the omitted compulsory heir
2. cause must be shown to be false; should die before the testator, the
3. it must appear from the face of the institution shall be effectual,
will that the testator would not have without prejudice to the right of
representation.
CIVIL LAW COMMITTEE

NOTE: In case of omission without necessary to cover the legitime of SS.

preterition, the rule in Art. 855 should (Tolentino)
be followed. The suggested alternate
phrasing of Dr. Tolentino to the said EFFECT OF PREDECEASE
article is: The share of the compulsory --an heir who dies before the testator
heir omitted in a will must be first shall transmit no right to his own heirs
taken from the part of the estate not (rule is absolute with respect to a
disposed of by the will, if any; if that is voluntary heir)
not sufficient, so much as may be --what is transmitted to the
necessary must be taken proportionally representatives of compulsory heir is his
from the shares of the heirs given to right to the legitime and not to the free
them by will. portion
EFFECT OF INCAPACITY
PRETERITION DISINHERITANCE --A voluntary heir who is incapacitated
to succeed from testator shall transmit
1. deprivation of a 1. deprivation of a no right to his own heirs.
compulsory heir of compulsory heir of --compulsory heir may be represented,
his legitime is tacit his legitime is but only with respect to his legitime
express.
EFFECT OF REPUDIATION
2. may be voluntary 2. always
but the law voluntary. --whether voluntary or compulsory, the
presumes that it is heir who repudiates his inheritance
involuntary cannot transmit any right to his own
heirs.
3. law presumes 3. done with a
that there has been legal cause. J. SUBSTITUTION OF HEIRS
merely an oversight (ARTS 857-870)
or mistake on the
part of the testator.
SUBSTITUTION
The act by which the testator
4. omitted heir gets 4. if disinheritance
not only his legitime is not lawful, designates the person or persons to
but also his share in compulsory heir is take the place of the heir or heirs
the free portion not merely restored to first instituted (Tolentino). It may be
disposed of by way his legitime. considered as a subsidiary and
of legacies/ devises. conditional institution.
Where the deceased left no Kinds:

descendants, legitimate or 1. Simple or Common (that which
illegitimate, but she left forced heirs takes place when the testator
in the direct ascending lineher designates one or more persons to
parents, and her holographic will substitute the heirs/s instituted in
does not explicitly disinherit them case such heir/s should die before
but simply omits them altogether, him, or should not wish, or should be
the case is one of preterition of incapacitated to accept the
parents, not a case of ineffective inheritance)
disinheritance. (Nuguid vs. Nuguid 2. Brief or Compendious: brief (there
17 SCRA 449) are two or more persons designated
by the testator to substitute for only
NOTE: Preterition of the surviving one heir), compendious (one heir is
spouse (SS) does not entirely annul the designated to take the place of two
institution of the heir since SS is not a or more heirs)
compulsory heir in the direct line.
However, since Article 842 protects the Instances when substitution
legitime of the SS, the institution is takes place:
partially annulled by reducing the rights a. instituted heir predeceases the
of the instituted heir to the extent testator;

Ethics)
b. incapacity of the instituted heir e. Substitution must be made

to succeed from the testator; expressly.
and A fideicommissary substitution is
c. repudiation of the inheritance. void if the first heir is not related in
the 1st degree to the second heir
Effect of substitution: (Ramirez vs. Vda. De Ramirez 111
General rule: once the substitution SCRA 704)
has taken place, the substitute shall
not only take over the share that K. CONDITIONAL, MODAL
would have passed to the instituted TESTAMENTARY DISPOSITIONS, AND
heir, but he shall be subject to the TESTAMENTARY DISPOSITIONS WITH A
same charges and conditions TERM (ART 871-885)
imposed upon such instituted heir.
Exceptions: GENERAL RULE: The institution of an
(1) When the testator has expressly heir may be made 1) conditionally, 2) for
to the contrary; a term, or 3) for a certain purpose or
(2) When the charges or conditions cause (modal). Conditions, terms, and
are personally applicable only to the modes however, are not presumed; they
heir instituted. must be clearly expressed in the will.
The condition must fairly appear from
3. Fideicommissary the language of the will. Otherwise, it is
Requisites: not binding.
a. First heir (fiduciary) called to the
succession. LIMITATIONS:
b. An obligation clearly imposed upon 1. The testator cannot impose any
such first heir to preserve the charge, burden, encumbrance,
property and to transmit it to the condition, or substitution whatsoever
second heir. upon the legitime of compulsory
c. Second heir (fideicommissary) to heirs.
whom the property is transmitted by 2. Impossible conditions and those
the first heir. contrary to law or good customs are
Without the obligation clearly presumed to have been imposed
imposing upon the first heir the erroneously or through oversight,
preservation of the property and its thus, are considered as not imposed.
transmission to the second heir, 3. An absolute condition not to
there is no fideicommissary contract a first marriage is always
substitution (Rabadilla vs. CA 334 void and will be considered as not
SCRA 522) written.
4. An absolute condition not to
NOTE: Pending transmission of property, contract a subsequent marriage is
the fiduciary is entitled to all the rights generally void, unless imposed upon
of a usufructuary, although the a widow or widower by the deceased
fideicommissary is entitled to all the spouse or by the latters ascendants
rights of a naked owner. or descendants. Even so, however,
the legitime of the surviving spouse
Limitations: cannot be impaired.
a. Substitution must not go beyond one
degree from the heir originally An absolute condition not to
instituted. contract marriage when validly
b. Degree means degree of imposed is resolutory in character.
relationship. Consequently, if the testator
c. Fiduciary and fideicommissary must institutes his wife as heir subject to
be living at the time of the death of the condition that she will never
the testator. marry again, she immediately
d. Substitution must not burden the acquires a right to the inheritance
legitime of compulsory heirs. upon the death of testator, but if
CIVIL LAW COMMITTEE

she violates the condition by MODAL INSTITUTION (INSTITUCION SUB

contracting a 2nd marriage, she loses MODO)
her right to said inheritance. Attachment by the testator to an
institution of heir, or to a devise or
NOTE: However, the following relative legacy, of a statement of the:
conditions regarding marriage have been a. object of the institution;
considered as valid and binding: b. application of the property left
a. generic condition to contract by testator; or
marriage; c. charge imposed by him.
b. specific condition to contract
marriage with a determinate NOTES:
person; and When in doubt as to whether there is
c. specific condition not to a condition or merely a mode,
contract marriage with a consider the same as mode.
determinate person. When in doubt as to whether there is
a mode or merely a suggestion,
5. Any disposition made upon the consider same only as a suggestion.
condition that the heir shall make The condition suspends but does
some provisions in his will in favor of not obligate; the mode obligates
the testator or of any other person but does not suspend (for he who
shall be void (disposicion inherits with a mode is already an
captatoria). heir; one who inherits conditionally
6. Conditions imposed by the testator is not yet an heir)
upon the heirs shall be governed by
the rules established for conditional DOCTRINE of CONSTRUCTIVE
obligations in all matters not FULFILLMENT: When without the fault
provided for by the law on of the fault of the heir, an institucion
succession. sub modo cannot take effect in the exact
manner stated by the testator, it shall
Kinds of Conditions be complied with in a manner most
1. Potestative Condition depends analogous to and in conformity with his
exclusively upon the will of the heir, wishes.
devisee, or legatee, and must be
performed by him personally. NOTE:
2. Causal Condition depends upon the
If the condition is casual, the
will of the heir, devisee, or legatee,
doctrine is not applicable since the
but upon the will of a third person.
fulfillment of the event which
3. Mixed depends jointly upon the will
constitutes the condition is
of the heir, devisee, or legatee and
independent of the will of the heir,
upon chance and/or will of a third
devisee/legatee. If the condition is
person.
potestative or mixed, the doctrine is
applicable.
Fulfillment of Conditions:
1. Potestative Conditions must be
L. LEGITIMES (ARTS 886 914)
fulfilled after the death of the
LEGITIME
testator (except when it has already
That part of the testators property
been fulfilled and is of such nature
which he cannot dispose of because
that it cannot be repeated);
the law has reserved it for certain
2. Causal or mixed conditions may be
heirs who are, therefore, called
fulfilled either before or after such
compulsory heirs.
death, unless the testator has
provided otherwise.

Ethics)
The course of action to enforce a

legitime accrues upon the death of 3. Surviving 3. In default of
the donor-decedent since it is only spouse (SS) the foregoing,
then that the net estate may be illegitimate
parents only
ascertained and on which basis, the
(IP)
legitime may be determined.
(Imperial vs. CA 316 SCRA 313) 4. Illegitimate 4. Surviving
children and spouse (SS)
NOTE: One half of the estate is always descendants
reserved for the primary or secondary (ICD)
compulsory heirs. The other half is what
is termed under the NCC as the free NOTES:
portion from which the legitime of the See Sections 17 & 18 of R.A. 8552.
concurring compulsory heirs are taken. By force of the Family Code,
This free portion is different from the adopted children are deemed
disposable free portion over which the legitimate children of the adopters.
testator has testamentary control. The
By force of the Family Code, IC
disposable free portion is that which
without distinction and so long as
remains after the legitime has been
their filiation is duly established or
covered.
proved in accordance with law, are
each entitled to 1/2 of the legitime
COMPULSORY HEIRS (CH)
of a LC, thus abrogating the 5:4 ratio
Those for whom the legitime is
between natural and non-
reserved by law, and who succeed
natural IC.
whether the testator likes it or not.
They cannot be deprived by the
RULES:
testator of their legitime except by
1. Direct descending line
disinheritance properly effected.
a. Rule of preference between lines
b. Rule of proximity
Kinds of Compulsory Heirs:
c. Right of representation ad
1. Primary those who have
infinitum in case of predecease,
precedence over and exclude other
incapacity, or disinheritance (LC:
CH. E.g. LCD.
LD only; IC: both LD and ID)
2. Secondary those who succeed only
d. If all the LC repudiate their
in the absence of the primary CH.
legitime, the next generation of
E.g. LPA or IP.
LD succeed in their own right
3. Concurring those who succeed
2. Direct ascending line
together with the primary or
a. Rule of division by lines
secondary CH. E.g. ICD and SS.
b. Rule of equal division
3. Non-impairment of legitime
If the testator is If the testator is
a LEGITIMATE an ILLEGITIMATE TABLE OF LEGITIMES
person person SURVIVOR LEGITIME NOTES
1. Legitimate 1. Legitimate LC Divide by the
children and children and # of LC,
descendants descendants whether they
(LCD) (LCD) survive alone
or with
2. In default of 2. Illegitimate concurring
the foregoing, children and CH.
legitimate descendants
parents and (ICD) 1 LC
ascendants SS
(LPA)
2 or more
CIVIL LAW COMMITTEE

LC equal to 1
SS LC IP -excluded- Children
Any child It depends inherit in the
LC amounts
IC of 1 LC established in
the foregoing
LC All the rules.
SS concurring CH
IC of 1 LC get from the IP Only the
half free SS parents are of
portion, the IC are
share of the included.
SS having Grandparents
preference and other
over that of ascendants
the IC, whose are excluded.
share may
suffer
reduction pro
rata because
there is no STEPS IN DETERMINING THE LEGITIME
preference OF COMPULSORY HEIRS:
among 1. Determination of the gross value of
themselves. the estate at the time of the death
of the testator;
LPA Whether they
2. Determination of all debts and
survive alone
or with charges which are chargeable
concurring against the estate;
CH. 3. Determination of the net value of
the estate by deducting all the debts
LPA IC succeed in and charges from the gross value of
IC the in the estate;
equal shares. 4. Collation or addition of the value of
all donations inter vivos to the net
LPA value of the estate;
SS
5. Determination of the amount of the
legitime from the total thus found;
LPA
SS 1/8 6. Imputation of the value of all
IC donations inter vivos made to
compulsory heirs against their
IC Divide equally legitime and of the value of all
among the IC. donations inter vivos made to
strangers against the disposable free
portion and restoration to the
SS 1/3 hereditary estate if the donation is
IC 1/3 inofficious; and
7. Distribution of the residue of the
SS 1/3 if
estate in accordance with the will of
marriage is in
articulo the testator
mortis and
deceased COLLATION
spouse dies 1. Fictitious mathematical process of
within 3 mos. adding the value of the thing
after the donated to the net value of the
marriage. hereditary estate (Art. 908 and Arts.
1061-1077).
IP 2. Act of charging or imputing such
value against the legitime of the

Ethics)
compulsory heir to whom the thing 3. The descendant (propositus) should

was donated (Arts. 1061-1077). have died without any legitimate
3. Actual act of restoring to the issue in the direct descending line
hereditary estate that part of the who could inherit from him.
donation which is inofficious in order
not to impair the legitime of Personal elements:
compulsory heirs. 1. Originator the ascendant, or
brother or sister from whom the
RESERVA TRONCAL (ART 891) propositus had acquired the property
The reservation by virtue of which by gratuitous title (e.g. donation,
an ascendant who inherits from his remission, testate or intestate
descendant any property which the succession);
latter may have acquired by 2. Propositus the descendant who died
gratuitous title from another and from whose death the reservista
ascendant or a brother or sister, is in turn had acquired the property by
obliged to reserve such property for operation of law (e.g. by way of
the benefit of relatives who are legitime or intestate succession). The
within the 3rd degree and who belong so-called arbiter of the fate of the
to the line from which such property reserva troncal.
came. 3. Reservista the ascendant, not
It constitutes as an exception to belonging to the line from which the
both the system of legitime and the property came (Justice Vitug) that is
order of intestate succession. the only compulsory heir and is
Purposes: obliged to reserve the property.
1. To reserve certain property in favor NOTE: Dr. Tolentino is of the view that
of certain persons; even if the reservista and the originator
2. To prevent persons outside a family belong to the same line, there is still an
from acquiring, by some chance or obligation to reserve.
accident, property which otherwise 4. Reservatarios the relatives of the
would have remained with the said propositus within the 3rd degree and
family; who belong to the line from which
3. To maintain a separation between the property came and for whose
paternal and maternal lines. benefit the reservation is
NOTE: Considering the rationale for constituted. They must be related by
reserva troncal which is to ultimately blood not only to the propositus but
revert ownership of property that also to the originator.
originally belongs to a line of relatives
but which by force of law passes to a NOTE: All personal elements must be
different line, the reserva would have no joined by bonds of legitimate
reason to arise where the ascendants relationship.
who acquire the property themselves
belong to the line of relatives from NOTE: In determining the right of the
which the property was, in turn, reservatarios over the reservable
acquired by the descendant. property, there are 2 events to consider:
1. Death of propositus: all qualified
Requisites: reservatarios acquire an inchoate
1. The property should have been right. Reservista owns the property
acquired by operation of law by an subject to a resolutory condition.
ascendant (reservista) from his 2. Death of reservista: surviving
descendant (propositus) upon the reservatarios acquire a perfect right.
death of the latter.
2. The property should have been NOTE: The NCC did not provide for the
previously acquired by gratuitous rules on how the reservatarios would
title by the descendant (propositus) succeed to the reservista. However, the
from another ascendant or from a following rules on intestacy have been
brother or sister (originator). consistently applied:
CIVIL LAW COMMITTEE

a. Rule of preference between lines giving to the latter properties he had

b. Rule of proximity acquired by gratuitous title from
c. Right of representation another ascendant, or brother or
(provided that the sister. In such case, a reserva troncal
representative is a relative of is avoided.
the descendant- propositus However, if the ascendant was
within 3rd degree, and that he not disentitled in the will to receive such
belongs to the line from which properties, the reserva minima rule
the reservable property came) (proportional reserva) should be
d. Full blood/double share rule followed. The rule holds that all
in Art. 1006 property passing to the reservista must
be considered as passing partly by
Property subject to reservation: operation of law and partly by will of the
must be the same property which propositus. Thus, one half of the
the reservista had acquired by properties acquired by gratuitous title
operation of law from propositus should be reservable, and the other half
upon the death of the latter and should be free.
which the latter, in turn had
acquired by gratuitous title during Causes for Extinguishment of Reserva
his lifetime from another ascendant, Troncal:
brother/sister. 1. Death of reservatarios;
2. Death of all relatives of propositus
Obligations of Reservista: within the 3rd degree who belong to
(1) To make an inventory of all the line from which the property
reservable property; came;
(2) To appraise value of all 3. Loss of the reservable property for
reservable movable property; causes not due to the fault or
(3) To annotate in Registry of negligence of the reservista.
property the reservable 4. Waiver or renunciation by the
character of all reservable reservatarios;
immovable property; 5. Prescription of the right of the
(4) To secure by mortgage (a) reservatarios, when the reservista
restitution of movables not holds the property adversely against
alienated, (b) payment of them in the concept of an absolute
damages caused by his fault or owner;
negligence, (c) return of price 6. Registration by the reservista of the
received for movables alienated property as free property under the
and (d) payment of value of Land Registration Act
immovable alienated.
M. DISINHERITANCE (ART 915 923)
A reservatorio may dispose of his A testamentary disposition by which
expentancy to the reservable a person is deprived of, or excluded
property during pendency of the from, the inheritance to which he
reserve in its uncertain and has a right.
conditional form. If he dies before A disinheritance properly effected
the reservista, he has not totally excludes the disinherited heir
transmitted anything, but if he from the inheritance. The
survives such reservista, the disinherited heir is deprived not only
transmission shall become effective. of the legitime but also of such part
of the free portion that would have
A will may prevent the constitution passed to him by a previous will
of a reserva. In case of testate (which is revoked, as inconsistent
succession, only the legitime passes with, the subsequent disinheritance)
by operation of law. The propositus or by intestate succession.
may, by will, opt to give the
legitime of his ascendant without

Ethics)
Requisites: IMPERFECT PRETERITION

1. Effected only through a valid will; DISINHERITANCE
2. For a cause expressly stated by law;
3. Cause must be stated in the will 1. The person 1. The person
itself; disinherited may be omitted must be a
4. Cause must be certain and true; any compulsory heir compulsory heir in
5. Unconditional; the direct line
6. Total; and
2. Always express 2. Always implied
7. The heir disinherited must be
designated in such a manner that 3.Always intentional 3. May be
there can be no doubt as to his intentional or
identity. unintentional
Effects of Disinheritance: 4. Effect: Partial 4. Effect: Total

1. Deprivation of the compulsory heir annulment of annulment of
who is disinherited of any institution of heirs institution of heirs
participation in the inheritance
including the legitime. Common Causes for Disinheritance of
2. The children/descendants of the children or descendants, parents or
person disinherited shall take his or ascendants, and spouse:
her place and shall preserve the 1. When the heir has been found guilty
rights of compulsory heirs with of an attempt against the life of the
respect to the legitime. testator, his/her descendants or
3. The disinherited parent shall not ascendants, and spouse in case of
have the usufruct or administration children and parents;
of the property which constitutes 2. When the heir has accused the
the legitime. testator of a crime for which the law
prescribes imprisonment for 6 years
or more, if the accusation has been
IMPERFECT DISINHERITANCE
found groundless;
A disinheritance which does not have
3. When the heir by fraud, violence,
one or more of the essential
intimidation, or undue influence
requisites for its validity.
causes the testator to make a will or
Effects:
to change one already made;
1. If testator had made disposition of
4. Refusal without justifiable cause to
the entire estate: annulment of the
support the testator who disinherits
testamentary dispositions only in so
such heir.
far as they prejudice the legitime of
the person disinherited; does not
Peculiar Causes for Disinheritance
affect the dispositions of the
1. Children/Descendants:
testator with respect to the free
a. When the child/descendant has
portion.
been convicted of adultery or
2. If testator did not dispose of the free
concubinage with the spouse of
portion: compulsory heir is given all
the testator;
that he is entitled to receive as if
b. Maltreatment of the testator by
the disinheritance has not been
word or deed by the
made, without prejudice to lawful
child/descendant;
dispositions made by the testator in
c. When the child/descendant leads
favor of others.
a dishonorable or disgraceful
3. Devises, legacies and other
life; Conviction of a crime which
testamentary dispositions shall be
carries with it a penalty of civil
valid to such extent as will not
interdiction.
impair the legitime.
CIVIL LAW COMMITTEE

2. Parents/Ascendants: NOTES:
a. When the parents have Mere civility which may characterize
abandoned their children or their relationship, a conduct that is
induced their daughters to live a naturally expected of every decent
corrupt or immoral life, or person, is not enough.
attempted against their virtue; In order to be effective, the testator
b. When the parent/ascendant has must pardon the disinherited heir.
been convicted of adultery or Such pardon must specifically refer
concubinage with the spouse of to the heir and to the acts causing
the testator; the disinheritance. The heir must
c. Loss of parental authority for accept the pardon.
causes specified in the Code; and No particular form is required. It
d. Attempt by one of the parents may be made expressly or tacitly.
against the life of the other,
unless there has been NOTE: Where the cause for
reconciliation between them. disinheritance is likewise a ground for
3. Spouse: unworthiness to succeed, what is the
a. When the spouse has given effect of a subsequent reconciliation
cause for legal separation; When upon the heirs capacity to succeed?
the spouse has given grounds for 1. If disinheritance has been made:
the loss of parental authority. Rule on reconciliation applies. The
disinheritance becomes ineffective.
Revocation of Disinheritance: 2. If disinheritance has not been made:
1. Reconciliation; Rule on reconciliation does not
2. Subsequent institution of the apply. The heir continues to be
disinherited heir; and incapacitated to succeed unless
3. Nullity of the will which contains the pardoned by the testator under Art.
disinheritance. 1033. The law effects the
disinheritance.
NOTE: Once disinheritance has been
revoked or rendered ineffectual, it N. LEGACIES AND DEVISES (ARTS. 924
cannot be renewed except for causes 959)
subsequent to the revocation or based
on new grounds. Persons charged with legacies and
devises:
RECONCILIATION (1) compulsory heir;
It is the resumption of genuine (2) voluntary heir;
cordial relationship between the (3) legatee or devisee;
testator and the disinherited heir, (4) estate
approximating that which prevailed
before the testator learned of the NOTES:
cause for disinheritance, reciprocally
If the will is silent with regard to the
manifested by their actions
person who shall pay or deliver the
subsequent to the act of
legacy/devise, there is a
disinheritance.
presumption that such legacy or
A subsequent reconciliation between
devise constitutes a charge against
the offender and the offended
the decedents estate.
person deprives the latter of the
right to disinherit, and renders Since legacies and devises are to be
ineffectual any disinheritance that taken from the disposable free
may have been made. (Art. 922) portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.

Ethics)
STATUS OF EFFECT ON THE

PROPERTY GIVEN BY LEGACY/DEVISE 9. Already belonged to
LEGACY/DEVISE the legatee or devisee Ineffective
at the time of the
1. Belonging to the execution of the will
testator at the time of Effective even though it may
the execution of the have been
will until his death subsequently alienated
by him
2. Belonging to the
testator at the time of Revoked 10.Testator had Legatee/devisee
the execution of the knowledge that the can claim nothing
will but alienated in thing bequeathed by virtue of the
favor of a 3rd person belonged to a third legacy/devise
person and the
legatee/devisee
3. Belonging to the No revocation.
acquired the property
testator at the time of There is a clear
gratuitously after the
the execution of the intention to
execution of the will
will but alienated in comply with
favor of the legacy or devise.
legatee/devisee 11.Testator had Legatee/devisee
gratuitously knowledge that the can demand
thing bequeathed reimbursement
belonged to a third from the heir or
4. Belonging to the Legatee/devisee
person and the estate
testator at the time of can demand
legatee/devisee
the execution of the reimbursement
acquired the property
will but alienated in from the heir or
by onerous title
favor of the legatee or estate
devisee onerously
5. Not belonging to the ART. 911 ART. 950

testator at the time Effective
the will is executed but Order of Order of preference:
he has ordered that the preference: (RPSESO)
thing be acquired in (LIPO)
order that it be given
to the legatee/devisee 1. Legitime of 1. Remuneratory
compulsory L/D
6. Not belonging to the heirs 2. Preferential L/D
testator at the time Void 2. Donations inter 3. L for support
the will is executed vivos 4. L for education
and the testator 3. Preferential 5. L/D of a specific,
erroneously believed legacies or determinate thing
that the thing devices which forms a part
pertained to him 4. All other of the estate
legacies or All others pro rata
7. Not belonging to the Effective devices pro
testator at the time rata
the will is executed but
afterwards becomes his
by whatever title
Application: Application:
8. Already belonged to
the legatee/devisee at Ineffective (1) When the (1) When there are
the time of the reduction is no compulsory heirs
execution of the will necessary to and the entire estate
even though another preserve the is distributed by the
person may have legitime of testator as legacies
interest therein compulsory heirs or devises; or
from impairment
whether there are
CIVIL LAW COMMITTEE

II. LEGAL OR INTESTATE

donations inter (2) When there are
vivos or not; or compulsory heirs but
SUCCESSION
(2) When, their legitime has
although, the already been That which is effected by operation
legitime has been provided for by the of law in the absence or default of a
preserved by the testator and there will.
testator himself are no donations
there are inter vivos.
donations inter CAUSES OF INTESTACY
vivos. 1. If a person dies without a will, or
with a void will, or one which has
subsequently lost its validity;
NOTES: 2. Absence of an institution of heir;
In case of reduction in the above 3. Partial institution of heir. In such
cases, the inverse order of payment case, intestacy takes place as to the
should be followed. undisposed portion (mixed
succession);
4. Non-fulfillment of suspensive
When the question of reduction is condition attached to the institution
exclusively among legatees and
of heir;
devisees themselves, Article 950
5. Predecease of the instituted heir;
governs; but when there is a conflict
6. Repudiation by the instituted heir;
between compulsory heirs and
7. Incapacity of instituted heir;
devisees and legatees, Article 911
8. Preterition. Intestacy may be total
applies.
or partial depending on whether or
not there are legacies/devises;
GROUNDS FOR REVOCATION OF
9. Fulfillment of resolutory condition;
LEGACIES AND DEVISES (ART 957)
10. Expiration of term or period of
1. Testator transforms the thing
institution;
bequeathed in such a manner that it
11. Non-compliance or impossibility of
does not retain either the form or
compliance with the will.
the denomination it had.
NOTE: In all cases where there has been
2. Testator by any title or for any cause
an institution of heir, follow the
alienates the thing bequeathed, or
I.S.R.A.I. order of Justice Paras. If the
any part thereof, it being understood
Institution fails, Substitution occurs. If
that in the latter case the legacy or
there is no substitute, the right of
devise shall be without effect only
Representation applies in the direct
with respect to the part alienated.
descending line to the legitime if the
Except: when the thing should again
vacancy is caused by predecease,
belong to the testator after
incapacity, or disinheritance. The right
alienation.
of Accretion applies to the free portion
when the requisites in Art. 1016 are
3. Thing bequeathed is totally lost
present. If there is no substitute, and
during the lifetime of the testator,
the right of Representation or Accretion
or after his death without the heirs
does not apply, the rules on Intestate
fault
succession shall take over.
4. Other causes: nullity of the will;
A. RULES
noncompliance with suspensive
1. Rule of Preference between lines
conditions affecting the bequests;
Those in the direct descending
sale of the thing to pay the debts of
line shall exclude those in the
the deceased during the settlement
direct ascending and collateral
of his estate.
lines, and those in the direct
ascending line shall, in turn,
NOTE: LIST IS NOT EXCLUSIVE

Ethics)
exclude those in the collateral persons who are not ascendants or

line. descendants, but who come from a
2. Rule of Proximity common ancestor.
The relative nearest in degree 6. Full blood: same father and mother;
excludes the more distant ones, half blood: only one of either parent
saving the right of is the same.
representation when it properly 7. In adoption, the legal filiation is
takes place. personal and exists only between the
This rule is subject to the rule of adopter and the adopted. The
preference between lines. adopted is deemed a legitimate child
3. Rule of Equal Division of the adopter (AP), but still remains
Relatives in the same degree as an intestate heir of his natural
shall inherit in equal shares. parents and other blood relatives.
EXCEPTIONS:
a) Division in the ascending line C. RIGHT OF REPRESENTATION (RR)
(between paternal and maternal (ARTS. 970 977)
grandparents); A right created by fiction of law, by
b) Division among brothers and virtue of which the representative is
sisters, some of whom are of the raised to the place and degree of the
full and others of half blood; and person represented, and acquires
c) Division In cases where the right the rights which the latter would
of representation takes place. have if he were living or if he could
NOTE: This rule is subject to the have inherited. The representative
rule of preference between lines. is called to the succession by the law
4. Rule of Barrier between the not by the person represented. He
legitimate family and the succeeds the one whom the person
illegitimate family represented would have succeeded.
The illegitimate family cannot
inherit by intestate succession NOTES:
from the legitimate family and In the direct line, representation
vice-versa. takes place ad infinitum in the
5. Rule of Double Share for full blood direct descending line, never in the
collaterals ascending.
When full and half-blood In the collateral line, representation
brothers or sisters, nephews or takes place only in favor of the
nieces, survive, the full blood children of brothers or sisters
shall take a portion in the (nephews and nieces), whether of
inheritance double that of the the full or half-blood, and only if
half-blood. they concur with at least 1 uncle or
aunt.
NOTE: In case of a disposition made in
general terms under Article 959, only the 1. Testamentary Succession
Rule of Proximity applies. a) When a compulsory heir in the
direct descending line had
B. RELATIONSHIP (ARTS. 963 969) predeceased the testator and
1. Number of generations determines was survived by his children or
proximity. descendants.
2. Each generation forms a degree. b) When a compulsory heir in the
3. A series of degrees forms a line. direct descending line is
4. A line may be direct or collateral. A excluded from the inheritance
direct line is that constituted by the due to incapacity or
series of degrees among ascendants unworthiness and he has
and descendants (ascending and children or descendants.
descending). c) When a compulsory heir in the
5. A collateral line is that constituted direct descending line is
by the series of degrees among disinherited and he has children
CIVIL LAW COMMITTEE

or descendants; representation IRREGULAR ORDER OF SUCCESSION

covers only the legitime. (Decedent is an illegitimate person):
d) A legatee/devisee who died 1. Legitimate children or descendants
after the death of the testator (LCD)
may be represented by his heirs. 2. Illegitimate children or descendants
(ICD)
2. Intestate Succession 3. Illegitimate parents (IP)
a) When a legal heir in the direct 4. Surviving spouse (SS)
descending line had predeceased 5. Brothers and sisters, nephews and
the decedent and was survived nieces (BS/NN)
by his children or descendants. 6. State
b) When a legal heir in the direct
descending line is excluded from
the inheritance due to incapacity ORDER OF CONCURRENCE
or unworthiness and he has 1. LCD, ICD, and SS
children or descendants. 2. LPA, ICD, and SS
c) When brothers or sisters had 3. ICD and SS
predeceased the decedent and 4. SS and IP
they had children or 5. BS/NN and SS
descendants. 6. C5 (alone)
d) When illegitimate children 7. State (alone)
represent their illegitimate
parents who already died in the
estate of their grandparents. TABLE OF INTESTATE SHARES
e) When nephews and nieces inherit
together with their uncles and SURVIVOR INTESTATE SHARE
aunts in representation of their Any class Entire estate
deceased parents who are the alone
brothers or sisters of said uncles 1 LC 1/2
and aunts. SS 1/2
(Diongson vs. Cinco, 74
D. INTESTATE OR LEGAL HEIRS SCRA 118)
2 or more LC Consider SS as 1 LC,
Those who are called by law to the
SS then divide estate by
succession either in the absence of a total number.
will or of qualified heirs, and who LPA 1/2
are deemed called based on the SS 1/2
presumed will of the decedent. LPA 1/2
SS 1/4
REGULAR ORDER OF SUCCESSION IC 1/4
(Decedent is a legitimate person): IP 1/2
1. Legitimate children or descendants SS 1/2
(LCD) (The law is silent. Apply
2. Legitimate parents or ascendants concurrence theory.)
(LPA) SS 1/2
3. Illegitimate children or descendants BS/NN 1/2
(ICD) 1 LC First, satisfy legitimes.
4. Surviving spouse (SS) SS Estate would be
IC insufficient. Reduction
5. Brothers and sisters, nephews and
must be made according
nieces (BS/NN) to the rules on
6. Other collateral relatives within the legitimes. The legitimes
5th degree (C5) of LCD and SS shall
7. State always be first satisfied
in preference to the ICD.
2 or more LC First, satisfy legitimes.
SS There would be an
IC excess in the estate.

Ethics)
Distribute such excess in b. OR: when they do not concur

the proportion 1:2:2, in with aunts and uncles.
accordance with the 6. ICD of legitimates cannot represent
concurrence theory. because of the barrier, but both the
ICD and LCD of illegitimates can.
7. There can be reserva troncal in
ORDER OF CONCURRENCE IN THE CASE intestate succession.
OF ADOPTED CHILD 8. A renouncer can represent, but
SURVIVORS SHARE cannot be represented.
1. LPA/IP 9. A person who cannot represent a
AP near relative cannot also represent a
relative farther in degree.
2. LPA/IP
AP
SS III. MIXED SUCCESSION OR

PARTIAL INTESTACY
3. LPA
AP Succession that is effected partly by
ICD will and partly by operation of law.
4. LPA 1/3
AP RULES:
SS 1/3 1. The law of legitimes must be brought
ICD 1/3
into operation in partial intestacy,
because the testamentary
dispositions can affect only the
CARDINAL PRINCIPLES OF INTESTATE disposable free portion but never the
SUCCESSION (Justice Paras) legitimes.
1. Even if there is an order of intestate 2. If among the concurring intestate
succession, the Compulsory Heirs heirs there are compulsory heirs,
(CH) are never excluded. The Civil whose legal or intestate portions
Code follows the concurrence exceed their respective legitimes,
theory, not the exclusion theory. then the amount of the testamentary
2. Right of Representation (RR) in the disposition must be deducted from
collateral line occurs only in the disposable free portion, to be
intestate succession, never in borne by all the intestate heirs in
testamentary succession because a the proportions that they are
voluntary heir cannot be represented entitled to receive from such
(collateral relatives are not CH). disposable free portion as intestate
3. The intestate shares are either equal heirs.
to or greater than the legitime. 3. If the intestate share of a
4. GENERAL RULE: Grandchildren compulsory heir is equal to his
always inherit by RR, provided legitime, then the amount of the
representation is proper. testamentary disposition must be
EXCEPTION: Whenever all the deducted only from the intestate
children repudiate, the shares of the others, in the
grandchildren inherit in their own proportions stated above.
right because RR would not be 4. If the testamentary dispositions
proper. consume the entire disposable free
5. Nephews and nieces inherit either by portion, then the intestate heirs who
RR or in their Own Right (OR). are compulsory heirs will get only
a. RR: when they concur with aunts their legitime, and those who are
and uncles (provided that RR is not compulsory heirs will get
proper) nothing.
CIVIL LAW COMMITTEE

IV. PROVISIONS COMMON TO none, the others inherit in

TESTAMENTARY AND INTESTATE their own right.
SUCCESSIONS (b) In case of incapacity,
results are the same as in
A. RIGHT OF ACCRETION (A) predecease.
(ARTS 1015 1023) (c) In case of disinheritance,
A right by virtue of which, when two results are the same as in
or more persons are called to the predecease.
same inheritance, devise or legacy, (d) In case of repudiation by an
the part assigned to one who heir, the others inherit in
renounce or cannot receive his their own right.
share, or who died before testator,
is added or incorporated to that of (2) Disposable free portion:
his co-heirs, co-devisees, or co- Accretion takes place when
legatees. requisites are present; but if
A right based on the presumed will such requisites are not present,
of the deceased that he prefers to the others inherit in their own
give certain properties to certain right.
individuals, rather than to his legal
heirs. (B) In intestate succession:
(1) In case of predecease, there is
Requisites: representation if there are children
1. 2 or more persons must have been or descendants; if none, the others
called to the same inheritance, inherit in their own right.
legacy or devise, or to the same (2) In case of incapacity, results are the
portion thereof, pro indiviso; and same as in predecease.
2. there must be a vacancy in the (3) In case of repudiation, there is
inheritance, legacy or devise always accretion.
(caused by predecease, incapacity,
repudiation, nonfulfillment of B. CAPACITY TO SUCCEED BY WILL OR
suspensive condition or void or BY INTESTACY (ARTS. 1024 1040)
ineffective testamentary
dispositions.) Requisites:
1. The heir, legatee/devisee must be
EFFECTS of PREDECEASE, INCAPACITY, living or in existence at the moment
DISINHERITANCE, or REPUDIATION in the succession opens; and
both TESTAMENTARY and INTESTATE 2. He must not be incapacitated or
SUCCESSION disqualified by law to succeed.
CAUSE OF TESTAMENTARY INTESTATE
VACANCY SUCCESSION SUCCES- THE FOLLOWING ARE INCAPABLE OF
Legitime Free SION
Portion (IS) SUCCEEDING:
Predecease 1. RR 1. A 1. RR A. Based on Undue Influence or
2. IS 2. IS 2. IS Interest: (PIGRAP)
Incapacity 1. RR 1. A 1. RR 1. Priest who heard the confession of
2. IS 2. IS 2. IS the testator during his last illness, or
Disinheri- 1. RR _ _
tance 2. IS
the minister of the gospel who
Repudia- IS A A extended spiritual aid to him during
tion the same period;
2. Individuals, associations and
Summary: corporations not permitted by law to
(A) In testamentary succession: inherit;
(1) Legitime: 3. Guardian with respect to
(a) In case of predecease of an testamentary dispositions given by a
heir, there is ward in his favor before the final
representation if there are accounts of the guardianship have
children or descendants; if been approved, even if the testator

Ethics)
should die after the approval the testator, should fail to report it
thereof; nevertheless, any provision to an officer of the law within a
made by the ward in favor of the month, unless the authorities have
guardian when the latter is his already taken action; this prohibition
ascendant, descendant, brother, shall not apply to cases wherein,
sister, or spouse, shall be valid; according to law, there is no
4. Relatives of such priest or minister obligation to make an accusation;
of the gospel within the 4th degree, 6. Any person who by fraud, violence,
the church, order, chapter, intimidation, or undue influence
community, organization or should cause the testator to make a
institution to which such priest or will or to change one already made;
minister may belong; 7. Any person who falsifies or forges a
5. Attesting witness to the execution of supposed will of the decedent; and
a will, the spouse, parents or 8. Any person who by the same means
children, or any one claiming under prevents another from making a will,
such witness, spouse, parents or or from revoking one already made,
children; and or who supplants, conceals, or alters
6. Physician, surgeon, nurse, health the latter's will.
officer or druggist who took care of
the testator during his last illness. NOTE: The moment the testator uses
one of the acts of unworthiness as a
B. Based on Morality or Public Policy cause for disinheritance, he thereby
(ART 739) submits it to the rules on disinheritance.
1. Those made in favor of a person with Thus, reconciliation renders the
whom the testator was guilty of disinheritance ineffective.
adultery or concubinage at the time
of the making of the will. PARDON OF ACTS OF UNWORTHINESS
2. Those made in consideration of a EXPRESS IMPLIED
crime of which both the testator and 1. made by the 1. effected when
the beneficiary have been found execution of a testator makes a
guilty. document or any will instituting the
3. Those made in favor of a public writing in which the unworthy heir with
officer or his spouse, descendants and decedent condones knowledge of the
the cause of cause of incapacity
ascendants, by reason of his public
incapacity
office 2. cannot be 2. revoked when
revoked the testator
C. Based on Acts of Unworthiness revokes the will or
(A4F3P) the institution
1. Parents who have abandoned their
children or induced their daughters C. ACCEPTANCE AND REPUDIATION OF
to lead a corrupt or immoral life, or INHERITANCE (ARTS. 1041 1057)
attempted against their virtue;
2. Any person who has been convicted Characteristics: (VIR)
of an attempt against the life of the 1. Voluntary and free
testator, his/her spouse, 2. Irrevocable, except if there is
descendants or ascendants; vitiation of consent or an unknown
3. Any person who has accused the will appears
testator of a crime for which the law 3. Retroactive
prescribes imprisonment for 6 years
or more, if the accusation has been Requisites:
found groundless; 1. certainty of the death of the
4. Any person convicted of adultery or decedent
concubinage with the spouse of the 2. certainty of the right to the
testator; inheritance
5. Any heir of full age who, having
knowledge of the violent death of
CIVIL LAW COMMITTEE

Acceptance vs. Repudiation: Reason for formality: Law considers

(1) Acceptance involves the that the act of repudiation is more
confirmation of transmission of solemn than the act of acceptance
successional rights, while and that repudiation produces a
repudiation renders such more violent and disturbing
transmission ineffective. consequences.
(2) Repudiation is equivalent to an act
of disposition and alienation. Heir in two capacities: An heir who
(3) The publicity required for is such by will and by law, and he
repudiation is necessary for the repudiates the inheritance as a
protection of other heirs and also of testamentary heir, will be
creditors. considered to have repudiated the
inheritance as a legal heir. But when
Form of Acceptance an heir repudiates as a legal heir, he
1. Express Acceptance one made in a may later on accept as a
public or private document. testamentary heir.
2. Tacit Acceptance one resulting from
acts by which the intention to D. COLLATION (ARTS. 1061-1077)
accept is necessarily implied or Every compulsory heir, who succeeds
which one would have no right to do with other compulsory heirs must
except in the capacity of an heir bring into the mass of the estate any
property or right which he may
Tacit acceptance is presumed from received from the decedent, during
certain acts of the heir as: the lifetime of the latter, by way of
1. When heir sells, donates, or assigns donation, or any other gratuitous
his right. title, in order that it may be
2. When heir renounces it for the computed in the determination of
benefit of one or more heirs. the legitime of each heir, and in the
3. When renunciation is in favor of all account of partition. (Art. 1061)
heirs indiscriminately for An act of returning or restoring to
consideration the common mass of the estate,
4. Other acts of tacit acceptance either actually or fictitiously, any
a. heir demands partition of the property which a person may have
inheritance received from the decedent during
b. heir alienates some objects of the latters lifetime, but which is
the inheritance understood for legal purposes as an
c. Under Art 1057, failure to signify advance from inheritance.
acceptance or repudiation within
30 days after an order of OPERATIONS RELATED TO COLLATION
distribution by the probate 1. Collation adding to the mass of the
court. hereditary estate the value of the
donation or gratuitous disposition
REPUDIATION must be made in a 2. Imputing or Charging crediting the
public instrument (acknowledged donation as an advance on the
before a notary public) or authentic legitime (if the donee is a
document (equivalent of an compulsory heir) or on the free
indubitable writing or a writing portion (if the donee is a stranger)
whose authenticity is admitted or 3. Reduction determining to what
proved) or by petition presented to extent the donation will remain and
the court having jurisdiction over the to what extent it is excessive or
testamentary or intestate inofficious.
proceeding. 4. Restitution return or payment of
the excess to the mass of hereditary
estate.

Ethics)
Persons obliged to collate E. PARTITION AND DISTRIBUTION OF

1. GENERAL RULE: compulsory heirs ESTATE (ARTS. 1078 1105)
EXCEPTIONS: It is the separation, division and
a. When the testator should have so assignment of a thing held in
expressly provided; and common among those to whom it
b. When the compulsory heir should may belong. It includes every act
have repudiated his inheritance which is intended to put an end to
2. Grandchildren who survive with their indivision among co-heirs, and
uncles, aunts, or 1st cousins, and legatees or devisees, although it
inherit by right of representation. should purport to be a sale,
exchange, compromise, or any other
NOTE: Grandchildren may inherit from transaction. It is not subject to any
grandparent in their own right (i.e. heirs form.
next in degree) and not by right of
representation if their parent repudiates Who may effect partition:
the inheritance of the grandparent, as 1. decedent himself during his lifetime
no living person can be represented by an act inter vivos or by will;
except in cases of disinheritance and 2. heirs themselves;
incapacity. In such case grandchildren 3. competent court;
are not obliged to bring to collation 4. 3rd person designated by the
what their parent has received decedent.
gratuitously from their grandparent)
Who can demand partition:
What to collate: 1. compulsory heir;
1. Any property or right received by 2. voluntary heir;
gratuitous title during the testators 3. legatee or devisee;
lifetime 4. any person who has acquired interest
2. All that they may have received from in the estate.
the decedent during his lifetime
3. All that their parents would have When partition cannot be demanded:
brought to collation if alive (PAPU)
1. when expressly prohibited by the
Properties not subject to collation (2nd testator himself for a period not
concept): exceeding 20 years;
1. Absolutely no collation (all 2. when the co-heirs agreed that the
concepts): estate shall not be divided for a
a. Expenses for support, education period not exceeding 10 years,
(elementary and secondary renewable for another 10 years;
only), medical attendance, even 3. when prohibited by law;
in extraordinary illness, 4. when to partition the estate would
apprenticeship, ordinary render it unserviceable for the use
equipment, or customary gifts for which it is intended.
(Art. 1067).
2. Generally not imputable to legitime: Prohibition to Partition
a. Expenses incurred by parents in 1. The prohibition to partition for a
giving their children period not exceeding 20 years can be
professional, vocational or other imposed on the legitime.
career unless the parents so 2. If the prohibition to partition is for
provide, or unless they impair more than 20 years, the excess is
the legitime. void.
b. Wedding gifts by parents and 3. Even if a prohibition is imposed, the
ascendants consisting of heirs by mutual agreement can still
jewelry, clothing, and outfit make the partition.
except when they exceed 1/10
of the sum disposable by will.
CIVIL LAW COMMITTEE

PARTITION INTER VIVOS (ART 1080) EFFECTS OF INCLUSION OF INTRUDER

It is one that merely allocates IN PARTITION:
specific items or pieces of property 1. Between a true heir and several
on the basis of the pro-indiviso mistaken heirs partition is VOID.
shares fixed by law or given under 2. Between several true heirs and a
the will to heirs or successors. mistaken heir transmission to
mistaken heir is VOID.
NOTE: Partition is not itself a mode of 3. Through error or mistake, share of
acquiring ownership, nor a title true heir is allotted to mistaken heir
therefore. This partition, being partition shall not be rescinded
predicated on succession, necessitates unless there is bad faith or fraud on
relationship to the decedent (in case of the part of the other persons
intestacy) or a will duly probated (in interested, but the latter shall be
case of testacy). A partition inter vivos proportionately obliged to pay the
made in favor of intestate heirs could be true heir of his share
operative. Dispositions, however, to non- NOTE: partition with respect to the
intestate heirs may suffer an mistaken heir is VOID.
impediment unless based on a valid will,
except perhaps when such dispositions A VOID WILL MAY BE A VALID
are intended to take effect during the PARTITION:
life of the testator and the formalities of 1. If the will was in fact a partition;
donations are properly complied with. and
2. If the beneficiaries in the void will
were legal heirs.

Ethics)

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San Beda College of Law 53

MEMORY AID IN CIVIL LAW

Kinds: 3. DEATH OF THE DECEDENT (casual

CIVIL LAW COMMITTEE

b) Rights which are patrimonial or determination of whether or not the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Kinds of Ambiguities: (Article 786) Requisites:

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

MANNER OF SIGNING: thereof in the presence of the

CIVIL LAW COMMITTEE

Purposes of requiring witness to attest ADDITIONAL REQUIREMENTS FOR

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Interested witness voided or revoked for the simple reason

CIVIL LAW COMMITTEE

A photostatic or xerox copy of a lost --will of 2 or more persons is made in the

Joint will a single testamentary CODICIL

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

explained, added to, or altered. domiciled in the Philippines, it is

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Its purpose is to cure the will of its H. ALLOWANCE AND DISALLOWANCE OF

CIVIL LAW COMMITTEE

NOTES: Fair arguments, persuasion, appeal

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

the instituted heir by intrinsic or made the institution had he known

PRESUMPTIONS Where the one-sentence will

CIVIL LAW COMMITTEE

NOTE: In case of omission without necessary to cover the legitime of SS.

Where the deceased left no Kinds:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

b. incapacity of the instituted heir e. Substitution must be made

CIVIL LAW COMMITTEE

she violates the condition by MODAL INSTITUTION (INSTITUCION SUB

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

The course of action to enforce a

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

compulsory heir to whom the thing 3. The descendant (propositus) should

CIVIL LAW COMMITTEE

a. Rule of preference between lines giving to the latter properties he had

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Requisites: IMPERFECT PRETERITION

Effects of Disinheritance: 4. Effect: Partial 4. Effect: Total

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

STATUS OF EFFECT ON THE

5. Not belonging to the ART. 911 ART. 950

CIVIL LAW COMMITTEE

II. LEGAL OR INTESTATE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW