San Beda Civil Law Memory Aid on Succession

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
persons entitled and obligations of a
to some portion of the
to it 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
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
personality, family rights, determination of the portions which they

discharge of office). are to take, when referred to by
b) Rights which are patrimonial or name; and
relating to property are determination of whether or not the
generally part of inheritance as testamentary disposition is to be
they are not extinguished by operative.
death.
c) Rights of obligations are by NOTE: However, the following acts MAY
nature transmissible and may be entrusted to a third person: (Article
constitute part of inheritance 786 Civil Code)
both with respect to the rights a. distribution of specific property
of the creditor and as regards to or sums of money that he may leave
the obligations of the debtor. in general to specified classes or
causes; and
2. ALL WHICH HAVE ACCRUED THERETO b. designation of the persons,
SINCE THE OPENING OF SUCCESSION institutions or establishments to
(Article 781 Civil Code) which such property or sums are to
be given or applied.
I. TESTAMENTARY SUCCESSION 3. FREE AND VOLUNTARY ACT Any vice
affecting the testamentary freedom can
A. CONCEPT cause the disallowance of the will.
4. FORMAL AND SOLEMN ACT The
WILL - an act whereby a person is formalities are essential for the validity
permitted, with the formalities of the will.
prescribed by law, to control to a certain 5. ACT MORTIS CAUSA
degree the disposition of his estate to 6. AMBULATORY AND REVOCABLE
take effect after his death (Art. 783) DURING THE TESTATORS LIFETIME
7. INDIVIDUAL ACT Two or more
NOTE: Thus, a document that does not persons cannot make a single joint will,
purport to dispose of ones estate either either for their reciprocal benefit or for
by the institution of heirs or designation another person. However, separate or
of devisees/legatees or, indirectly, by individually executed wills, although
effecting a disinheritance, is not to be containing reciprocal provisions (mutual
governed by the law on testamentary wills), are not prohibited, subject to the
succession but by some other applicable rule on disposicion captatoria.
laws. 8. DISPOSITION OF PROPERTY
Kinds of Wills: B. INTERPRETATION OF WILLS (ARTS.

1. Notarial or ordinary 788-792)
2. Holographic The testators intent (animus testandi),
as well as giving effect to such intent, is
Characteristics of a Will: primordial. It is sometimes said that the
1. UNILATERAL supreme law in succession is the intent
2. STRICTLY PERSONAL ACT - The of the testator. All rules of construction
disposition of property is solely are designed to ascertain and give effect
dependent upon the testator. to that intention. It is only when the
intention of the testator is contrary to
NOTE: The following acts MAY NOT be law, morals, or public policy that it
left to the discretion of a third person: cannot be given effect.
(Article 785, 787 Civil Code)
duration or efficacy of the designation of In case of doubt, that interpretation by
heirs, devisees or legatees; which the disposition is to be operative
shall be preferred. That construction is
to be adopted which will sustain and
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
55
uphold the will in all its parts, if it can refers to the ability as well as the
be done consistently with the power to make a will.
established rules of law. - must be present at the time of the
execution of the will.
Kinds of Ambiguities: (Article 786)

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

Gayon
Rhodora
John Stephen
Purganan(LTD),
56
5. if the insane delusion touches to accordance with requirements

subject matter of the will, prescribed by law.
testamentary disposition is void.
6. a deaf-mute and blind person can ATTESTATION SUBSCRIPTION
make a will (i.e. Art. 807-808). A 1. an act of the 1. an act of the
blind man with a sound and disposing senses hand
mind can make a holographic will. 2. mental act 2. mechanical act
7. an intoxicated person or person 3. purpose is to 3. purpose is
under the influence of drugs may render available identification
proof during
make a will as there is no complete
probate of will
loss of understanding.
Exception: where the testator has
c. MARGINAL SIGNATURES affixed by
used intoxicating liquor or drugs
the testator or the person requested
excessively to such an extent as to
by him to write his name and the
impair his mind, so that at the time
instrumental witnesses of the will on
the will is executed, he does not
each and every page thereof, except
know the extent and value of his
the last, on the left margin;
property, or the names of persons
who are the natural objects of his
Exceptions to the rule that all of the
bounty, the instrument thus
pages of the will shall have to be
executed will be denied probate for
signed on the left margin by the
lack of testamentary capacity.
testator and witnesses::
(1) in the last page, when the will
D. FORMALITIES OF WILLS
consists of two or more pages;
(EXTRINSIC VALIDITY)
(2) when the will consists of only one
page;
COMMON FORMALITIES
(3) when the will consists of two
1. Every will must be in writing; and
pages, the first of which contains all
2. Executed in a language or dialect
the testamentary dispositions and is
known to the testator.
signed at the bottom by the testator
and the witnesses and the second
SPECIAL FORMALITIES
contains only the attestation clause
I. NOTARIAL OR ORDINARY WILL
duly signed at the bottom by the
a. SUBSCRIPTION made at the end
witnesses.
thereof by the testator himself or by
the testator's name written by some
The inadvertent failure of one
other person in his presence and by
witness to affix his signature to one
his express direction;
page of a testament, due to the
Subscription refers to the
simultaneous lifting of two pages in
manual act of testator and also
the course of signing, is not per se
of his instrumental witnesses of
sufficient to justify denial of probate
affixing their signature to the
(Icasiano vs. Icasiano II SCRA 422).
instrument.
b. ATTESTATION AND SUBSCRIPTION -
d. PAGE NUMBERINGS Written
(evidenced by an attestation
correlatively in letters placed on the
clause) by 3 or more credible
upper part of each page;
witnesses in the presence of the
testator and of one another;
NOTE: This is not necessary when all of
Attestation consists in the act of
the dispositive parts of a will are written
witnesses of witnessing the
on one sheet only.
execution of the will in order to
see and take note mentally that
e. ACKNOWLEDGMENT Done before a
such will has been executed in
notary public by the testator and the
instrumental witnesses.
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
57
NOTE: The notary public before whom 2. the fact that the testator signed
the will was acknowledged cannot be the will and every page thereof,
considered as the third instrumental or caused some other person to
witness since he cannot acknowledge write his name, under his
before himself his having signed the will. express direction, in the
If the third witness were the notary presence of the instrumental
public himself, he would have to avow, witnesses;
assent, or admit his having signed the When the testator expressly caused
will in front of himself. To allow such another to sign the formers name,
would have the effect of having only two this fact must be recited in the
attesting witnesses to the will which attestation clause. Otherwise, the
would be in contravention of Arts. 805 will is fatally defective. (Garcia vs.
and 806. (Cruz vs. Villasor 54 SCRA 31) Lacuesta 90 Phil 489)
MANNER OF SIGNING: 3. that the witnesses witnessed and

The use of any signature, marks or signed the will and all the pages
design intended by the testator to thereof in the presence of the
authenticate renders the will testator and of one another.
sufficiently signed by the testator.
A signature by mark will be TEST OF PRESENCE: Not whether
sufficient even if at the time of they actually saw each other sign,
placing it, the testator knew how to but whether they might have seen
write and is able to do so. each other sign had they chosen to
It is sufficiently signed by writing his do so considering their mental and
initials, or his first name, or he may physical condition and position with
use even an assumed name. relation to each other at the
A complete signature is not essential moment of inscription of each
to the validity of a will, provided the signature. (Jaboneta vs. Gustilo)
part of the name written was affixed
to the instrument with intent to In the case of an ordinary or attested
execute it as a will. will, its attestation clause need not
be written in a language or dialect
ATTESTATION CLAUSE known to the testator since it does
- memorandum or record of facts not form part of the testamentary
wherein the witnesses certify that the disposition.
will has been executed before them, and The language used in the attestation
that it has been executed in accordance clause likewise need not even be
with the formalities prescribed by law. known to the attesting witnesses.
Absence of this clause will render Art. 805 merely requires that, in
the will a nullity. such a case, the attestation clause
shall be interpreted to said
It must state the following ESSENTIAL witnesses. (Caneda vs. CA 222 SCRA
FACTS: 781)
1. the number of pages used upon
which the will is written; Effects of defects or imperfections in
HOWEVER, even if number of pages is the Attestation Clause:
omitted in the AC BUT if there is an If the defect of the attestation
acknowledgment clause which states the clause goes into the very essence of
number of pages or the will itself the clause itself or consists in the
mentioned such number of pages, it may omission of one, some, or all of the
still be considered valid applying the essential facts, and such omission
Liberal Interpretation of the law. cannot be cured by an examination
(Tabuada vs. Rosal) of the will itself, the defect is
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
58
substantial in character, as a used in the will should be signed on

consequence of which the will is the left margin.
invalidated. 6. An attestation clause need be signed
ONLY by the witnesses and not by
However, In the absence of bad the testator as it is a declaration
faith, forgery, fraud, or undue and made by the witnesses.
improper pressure and influence, 7. date of will:
defects and imperfections in the a. ordinary will: not an essential
form of attestation or in the part;
language used therein shall not b. holographic will: an essential
render the will invalid if it is proved part.
that the will was in fact executed 8. Failure or error to state the place of
and attested in substantial execution will not invalidate the
compliance with Art. 805 (formal will.
requirements). This is known as the 9. Signing of a will by the testator and
DOCTRINE OF LIBERAL witnesses and acknowledgment
INTERPRETATION (Art. 809) before a notary public, need not be
a single act.
10. Testamentary capacity must also
Purposes of requiring witness to attest exist at the time of
and to subscribe to a will: acknowledgment.
1. identification of the instrument ADDITIONAL REQUIREMENTS FOR
2. protection of the testator from fraud SPECIAL CASES
and deception 1. Deaf or deaf-mute testator:
3. the ascertainment of the a) personal reading of the will, if
testamentary capacity of the able to do so; OR
testator. b) if not possible, designation of 2
persons to read the will and
NOTE: Certain points to consider communicate to him, in some
(Tolentino) practicable manner, the
1. Mere knowledge by testator that contents thereof. (Article 807)
another is signing, and acquiescing in 2. Blind testator:
it, there being no express Double-reading requirement:
direction, is NOT sufficient. a. first, by one of the subscribing
2. Not required that the name of the witnesses, AND
person who writes the testators b. second, by the notary public
name should also appear on the will; before whom the will is
enough that testators name is acknowledged. (Article 808)
written. Art. 808 applies not only to blind
3. If the required numbers of attesting testators but also to those who, for
witness are competent, the fact that one reason or another are incapable
an additional witness, who was of reading their wills (e.g. poor,
incompetent also attested to the defective or blurred vision).
will, cannot impair the validity.
4. Immaterial in what order the acts In a case where the testator did not
are performed provided the read the final draft of the will, but
signature or acknowledgment by the the lawyer who drafted the
testator and the attestation of the document, read the same aloud in
witnesses be accomplished in one the presence of the testator, 3
occasion, and as part of one witnesses, and notary public, the
transaction. Court held that the formal
5. The law refers to page and not to imperfections should be brushed
sheet or leaf or folio, so every page aside when the spirit behind the law
was served though the letter was
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
59
not. (Alvarado vs. Gaviola 226 SCRA whether or not the date FEB./61
347) appearing on the will is a valid
compliance with Art. 810, probate of
WITNESS TO NOTARIAL WILLS the holographic will should be
(ARTS. 820 & 821) allowed under the principle of
Requirements: substantial compliance. (In the
1. of sound mind; matter of Intestate Estate of Andres
2. able to read and write; de Jesus and Bibiana Roxas de Jesus,
3. not blind, deaf or dumb; 134 SCRA 245)
4. at least 18 years of age;
Rule in case of insertion, cancellation,
5. domiciled in the Philippines;
erasure or alteration:
6. has not been convicted of Testator must authenticate the same
falsification of a document, perjury,
by his FULL SIGNATURE. (Article 814)
or false testimony
NOTE: In the case of Kalaw vs. Relova
NOTE: A witness need not know the
(134 SCRA 241), the holographic will in
contents of the will, and need not be
dispute had only one substantial
shown to have had a good standing in the
provision, which was altered by
community where he lives. Also, the
substituting the original heir with
acknowledging notary public cannot be
another, but which alteration did not
one of the 3 minimum numbers of
carry the requisite of full authentication
witnesses.
by the full signature of the testator, the
Interested witness
effect must be that the entire will is
A witness to a will who is
voided or revoked for the simple reason
incapacitated from succeeding from
that nothing remains in the will after
the testator by reason of a
that which could remain valid.
devise/legacy or other testamentary
disposition therein in his favor, or in
Effects of words written by another
favor of his spouse, parent, or child.
and inserted in the words written by
However, his competence as a
the testator:
witness subsists.
a. If the insertion was made after the
execution of the will, but without
2. HOLOGRAPHIC WILL (Article 810)
the consent of the testator, such
a. entirely written by the hand of
insertion is considered as not
the testator;
written, because the validity of the
b. entirely dated by the hand of
will cannot be defeated by the
the testator; and
malice or caprice of third person.
c. entirely signed by the hand of
b. If the insertion after the execution
the testator.
of the will was with the consent of
the testator, the will remains valid
NOTE: The law exacts literal
but the insertion is void.
compliance with these requirements.
c. If the insertion after the execution is
HENCE, THE DOCTRINE OF LIBERAL
validated by the testator by his
INTERPRETATION CANNOT BE APPLIED.
signature thereon, then the insertion
becomes part of the will, and the
Nevertheless, the Court held in a
entire will becomes void, because
case that as a general rule, the
of failure to comply with the
date in a holographic will should
requirement that it must be wholly
include the day, month, and year of
written by the testator.
its execution. However, when there
d. If the insertion made by a third
is no appearance of fraud, bad faith,
person is made contemporaneous to
undue influence and pressure and
the execution of the will, then the
the authenticity of the will is
established and the only issue is
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
60
will is void because it is not written c. Alien testator executing a will in the
entirely by the testator. Philippines: either
1) The law of the Philippines; or
Probate of Holographic Will 2) The law of the country of which
1. If UNCONTESTED, requires that at he is a citizen or subject.
least 1 witness who knows the d. Alien testator executing a will
handwriting and signature of the outside of the Philippines: either
testator explicitly declare that the 1) The law of the place where it is
will and signature are in the executed; or
handwriting of the testator; if no 2) The law of the place in which he
witness, expert testimony may be resides; or
resorted to. 3) The law of his country; or
2. If CONTESTED, requires at least 3 of 4) The law of the Philippines.
such credible witnesses, if none
expert witness. Aspects of the will governed by
National Law of the Decedent (Article
NOTE: Where the testator himself 1039 and Article 16 Civil Code)
petitions for the probate of his a. Order of succession
holographic will and no contest is file, b. Amount of successional rights
the fact that he affirms that the c. Intrinsic validity
holographic will and the signature are in d. Capacity to succeed
his own handwriting, shall be sufficient
evidence thereof. If the holographic will Joint will a single testamentary
is contested, the burden of disproving instrument which contains the wills of
the genuineness and due execution two or more persons, jointly executed by
thereof shall be on the contestant. them, either for their reciprocal benefit
or for the benefit of a third person
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.
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
61
1. will is purely personal and unilateral other things the number of pages
act thereof;
2. contrary to the revocable character 3. It must be identified by clear and
of a will satisfactory proof as the document
3. may expose the testator to undue or paper referred to therein;
influence, and may even induce one 4. It must be signed by the testator and
of the testators to kill the other. the witnesses on each and every
page, except in case of voluminous
NOTE: Joint wills executed by Filipinos books of account or inventories.
in a foreign country shall not be valid in
the Philippines, even though authorized F. REVOCATION OF WILLS AND
by the foreign country in which they may TESTAMENTARY DISPOSITIONS
have been executed (Article 819 Civil
Code). REVOCATION
This prohibition is applicable An act of the mind, terminating the
only in joint wills executed by Filipinos potential capacity of the will to
in a foreign country; it does NOT APPLY operate at the death of the testator,
to joint wills executed by aliens. manifested by some outward or
visible act or sign, symbolic thereof.
Such right to revoke a will cannot be
E. CODICIL AND INCORPORATION BY waived or restricted.
REFERENCE
LAWS WHICH GOVERN REVOCATION
CODICIL (ART 829)
A supplement or addition to a will, 1. If the revocation takes place in the
made after the execution of a will Philippines, whether the testator is
and annexed to be taken as a part domiciled in the Philippines or in
thereof, by which any disposition some other country, it is valid when
made in the original will is it is in accordance with the laws of
explained, added to, or altered. the Philippines
(Article 825) 2. If the revocation takes place outside
NOTE: To be effective, it must be the Philippines, by a testator who is
executed as in the case of a will. Its domiciled in the Philippines, it is
execution has the effect of republishing valid when it is in accordance with
the will as modified. the laws of the Philippines
3. Revocation done outside the
INCORPORATION BY REFERENCE Philippines, by a testator who does
(ART 827) not have his domicile in this
Contemplates only lists of country, is valid when it is done
properties, books of accounts, and according to the:
inventories. a. laws of the place where the
Provisions which are in the nature of will was made, or
testamentary dispositions must be b. laws of the place in which the
contained in the will itself. testator had his domicile at the
time of revocation;
Requisites for a valid incorporation by
reference: (ART 827) MODES OF REVOCATION (ART 830)
1. The document or paper referred to 1. By implication of law:
in the will must be in existence at a. legal separation revokes
the time of the execution of the testamentary provisions in favor
will; of the offending spouse;
2. The will must clearly describe and b. preterition revokes the
identify the same, stating among institution of heir;
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
62
c. judicial action for recovery of e. performed by the testator

debt revokes a legacy of himself or by some other person
credit/remission of debt; in his presence and express
d. transformation, alienation, or direction
loss of bequeathed property (THE LIST IS EXCLUSIVE.)
revokes a legacy of such
property; NOTE: The act of revocation is a
e. act of unworthiness by an heir, personal act of the testator. He cannot
devisee/legatee revokes delegate to an agent the authority to do
testamentary provisions in his the act for him. Another person,
favor; however, may be selected by him as an
f. if both spouses of the instrument and directed to do the
subsequent marriage acted in revocatory acts in his presence. A
bad faith, said marriage shall be destruction not accomplished in the
void ab initio and testamentary testators presence is an ineffective
dispositions made by one in revocation of the will.
favor of the other are revoked
by operation of law (Art. 44, DOCTRINE OF PRESUMED REVOCATION
Family Code); and Whenever it is established that the
g. void ab initio or annulled testator had in his possession or had
marriages revoke testamentary ready access to the will, but upon
dispositions made by one spouse his death it cannot be found or
in favor of the other (Art. 50, located, the presumption arises that
Family Code). it must have been revoked by him by
2. By some will, codicil, or other an overt act.
writing, executed as provided in Where it is shown that the will was
case of wills, which may either be: in custody of the testator after its
a. Express when there is a execution, and subsequently, it was
revocatory clause expressly found among the testators effects
revoking the previous will or a after his death in such a state of
part thereof mutilation, cancellation or
b. Implied when the provisions obliteration as represents a
thereof are partially or entirely sufficient act of revocation, it will
inconsistent with those of the be presumed in the absence of
previous will evidence to the contrary, that such
NOTE: While express revocation may be act was performed by the testator
effected by a subsequent will, or a with the intention of revoking the
codicil, or a nontestamentary writing will.
executed as provided in case of wills,
implied revocation may be effected only DOCTRINE OF DEPENDENT RELATIVE
by either a subsequent will, or a codicil. REVOCATION (ART 832)
A revocation subject to a condition
3. By burning, tearing, cancelling, or does not revoke a will unless and
obliterating the will. until the condition occurs. Thus,
Requisites: where a testator revokes a will
a. testamentary capacity at the with the proven intention that he
time of performing the act of would execute another will, his
destruction; failure to validly make a latter will
b. intent to revoke (animus would permit the allowance of the
revocandi); earlier will.
c. actual physical act of
destruction; Where the act of destruction is
d. completion of the subjective connected with the making of
phase; and another will so as fairly to raise the
CIVIL LAW COMMITTEE
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inference that the testator meant 2. The old will is republished as of the
the revocation of the old to depend date of the codicil makes it speak,
upon the efficacy of the new as it were, from the new and later
disposition intended to be date.
substituted, the revocation will be 3. A will republished by a codicil is
conditional and dependent upon the governed by a statute enacted to the
efficacy of the new disposition; and execution of the will, but which was
if for any reason, the new will operative when the codicil was
intended to be made as a substitute executed.
is inoperative, the revocation fails
and the original will remains in full REPUBLICATION REVIVAL
force (Vda. De Molo vs. Molo 90 Phil
37). 1. Takes place by 1. Takes place by
an act of the operation of law.
Revocation by mistake testator
A revocation of a will based on a
false cause or an illegal cause is null 2. Corrects extrinsic 2. Restores a
and intrinsic revoked will
and void. Thus, where a testator by
defects.
a codicil or later will, expressly
grounding such revocation on the
REVIVAL
assumption of fact which turns out
The restoration to validity of a will
to be false, as where it is stated that
previously revoked by operation of
the legatees/devisees named therein
law (implied revocation).
are dead, when in fact, they are
living, the revocation does not take
PRINCIPLE OF INSTANTER
effect.
The express revocation of the first
will renders it void because the
G. REPUBLICATION AND REVIVAL OF
revocatory clause of the second will,
WILLS
not being testamentary in character,
operates to revoke the previous will
REPUBLICATION instantly upon the execution of the
The act of the testator whereby he will containing it.
reproduces in a subsequent will NOTE: In implied revocation, the first
(express) the dispositions contained will is not instantly revoked by the
in a previous will which is void as to second will because the inconsistent
its form, or he executes a codicil testamentary dispositions of the latter
(constructive) to his will. do not take effect immediately but only
Its purpose is to cure the will of its after the death of the testator.
formal defects. H. ALLOWANCE AND DISALLOWANCE OF
WILLS
NOTES:
To republish a will void as to its PROBATE
form, all the dispositions must be A special proceeding mandatorily
reproduced or copied in the new or required for the purpose of
subsequent will; establishing the validity of a will.
To republish a will valid as to its The statute of limitations is not
form but already revoked the applicable to probate of wills.
execution of a codicil which makes
reference to the revoked will is Questions determinable by the probate
sufficient. court: (ICE)
1. identity of the will;
Effects of Republication by virtue of a 2. testamentary capacity of the
Codicil: testator at the time of the execution
1. Codicil revives the previous will of the will; and
CIVIL LAW COMMITTEE
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3. due execution of the will. not necessary that the will and
codicil be probated together as the
GENERAL RULE: In probate codicil may be concealed by an
proceeding, the courts area of inquiry is interested party. They may be
limited to an examination of, and probated one after the other.
resolution on the extrinsic validity if the (Macam vs. Gatmaitan 60 Phil 358)
will, the due execution thereof, the
testatrixs testamentary capacity and When a will is declared void because
the compliance with the requisites or it has not been executed in
solemnities prescribed by law. The accordance with the formalities
probate court cannot inquire into the required by law, but one of the
intrinsic validity of testamentary intestate heirs, after the settlement
provisions. of the debts of the deceased, pays a
legacy in compliance with a clause in
EXCEPTION: Practical considerations, the defective will, the payment is
e.g. when the will is intrinsically void on effective and irrevocable (Article
its face. 1430, NCC; Natural Obligations).
In Nuguid vs Nuguid (17 SCRA 449), Grounds for Disallowance of a Will (ART
the Supreme Court held that, if the 839)
case were to be remanded for 1. Formalities required by law have not
probate of the will, nothing will be been complied with;
gained. On the contrary, this 2. Testator was insane, or otherwise
litigation would be protracted. And incapable of making a will, at the
for aught that appears in the record, time of its execution;
in the event of probate or if the 3. Will was executed through force or
court rejects the will, probability under duress, or the influence of
exists that the case will come up fear, or threats;
once again before us on the same 4. Will was procured by undue and
issue of the intrinsic validity or improper pressure and influence, on
nullity of the will. RESULT: waste of the part of the beneficiary or of
time, effort, expense, plus added some other person;
anxiety. 5. Signature of the testator was
procured by fraud;
In Nepomuceno vs CA (139 SCRA 6. Testator acted by mistake or did not
207), the Court ruled that the court intend that the instrument he signed
can inquire as to the intrinsic should be his will at the time of
validity of the will because there affixing his signature thereto.
was an express statement that the NOTE: GROUNDS ARE EXCLUSIVE.
beneficiary was a mistress.
NOTES:
Criminal action will not lie against Fair arguments, persuasion, appeal
the forger of a will which had been to emotions, and entreaties which,
duly admitted to probate by a court without fraud or deceit or actual
of competent jurisdiction. (Mercado coercion, compulsion or restraint do
vs. Santos 66 Phil. 215) not constitute undue influence
sufficient to invalidate a will.
The fact that the will has been (Barreto vs. Reyes 98 Phil 996)
allowed without opposition and the Burden is on the person challenging
order allowing the same has become the will to show that such influence
final and executory is not a bar to was exerted at the time of its
the presentation of a codicil, execution.
provided it complies with all the To make a case of UNDUE
formalities for executing a will. It is INFLUENCE, the free agency of the
CIVIL LAW COMMITTEE
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testator must be shown to have been be applied only to the disposable

destroyed; but to establish a ground free portion.
of contest based on FRAUD, free 2. Presumption of Individuality When
agency of the testator need not be the testator institutes some heirs
shown to have been destroyed. individually and others collectively,
Allegations of fraud and undue those collectively designated shall
influence are mutually repugnant be considered as individually
and exclude each other; their joining instituted, unless it clearly appears
as grounds for opposing probate that the intention of the testator
shows absence of definite evidence was otherwise.
against the validity of the will 3. Presumption of Simultaneity when
(Icasiano vs. Icasiano 11 SCRA 422) the testator calls to the succession a
person and his children, they are all
REVOCATION DISALLOWANCE deemed to have been instituted
simultaneously and not successively.
1. voluntary act of 1. given by judicial
the testator. decree. INSTITUTION BASED ON A FALSE CAUSE
(Article 850)
2. with or without 2. must always be
cause. for a legal cause.
GENERAL RULE: The statement of a
false cause for the institution of an heir
3. may be partial or 3. always total shall be considered as not written.
total. except: when the Reason: Generosity of the testator is
ground of fraud or the real cause of the testamentary
influence for disposition.
example affects EXCEPTION: If it appears from the face
only certain
portions of the
of the will that the testator would not
will. have made the institution had he known
the falsity of the cause.
I. INSTITUTION OF HEIRS Example: Where the person
(ARTS. 840-856) instituted is a total stranger to the
testator, it is obvious that the real
INSTITUTION cause of the testamentary
An act by virtue of which a testator disposition is not the generosity of
designates in his will the person or the testator but the fact itself which
persons who are to succeed him in turned out to be false.
his property and transmissible rights
and obligations. (Art 840) REQUISITES FOR THE ANNULMENT OF
The proper test in order to INSTITUTION OF HEIRS:
determine the validity of an 1. cause of institution of heirs must be
institution of heir is the possibility of stated in will;
finally ascertaining the identity of 2. cause must be shown to be false;
the instituted heir by intrinsic or 3. it must appear from the face of the
extrinsic evidence. will that the testator would not have
made the institution had he known
PRESUMPTIONS the falsity of the cause.
1. Presumption of Equality Heirs
instituted without designation of Where the one-sentence will
shares shall inherit in equal parts. institutes the petitioner as the sole,
This is limited only to the case universal heir and preterits the
where all of the heirs are of the parents of the testatrix, and it
same class or juridical condition, and contains no specific legacies or
where there are compulsory heirs bequests, such universal institution
among the heirs instituted, it should of petitioner, by itself, is void.
Intestate succession ensues.
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(Nuguid vs. Nuguid, et al. 17 SCRA not sufficient, so much as may be

449) necessary must be taken proportionally
from the shares of the heirs given to
PRETERITION (ART. 854) them by will.
Omission in the testators will of
one, some, or all of the compulsory PRETERITION DISINHERITANCE
heirs in the direct line, whether
living at the time of the execution of 1. deprivation of a 1. deprivation of a
the will or born after the death of compulsory heir of compulsory heir of
the testator. his legitime is tacit his legitime is
express.
Requisites:
2. may be voluntary 2. always
1. The heir omitted must be a but the law voluntary.
compulsory heir in the direct line; presumes that it is
2. The omission must be complete and involuntary
total in character; and
3. The compulsory heir omitted must 3. law presumes 3. done with a
survive the testator. that there has been legal cause.
merely an oversight
There is no total omission or mistake on the
part of the testator.
when:
a. A devise/legacy has been given
4. omitted heir gets 4. if disinheritance
to the heir by the testator not only his legitime is not lawful,
b. A donation inter vivos has been but also his share in compulsory heir is
previously given to the heir by the free portion not merely restored to
the testator; or disposed of by way his legitime.
c. Anything is left from the of legacies/ devises.
inheritance which the heir may
get by way of intestacy. Where the deceased left no
descendants, legitimate or
NOTE: In the above cases, the illegitimate, but she left forced heirs
remedy of the heir is completion of in the direct ascending lineher
legitime under Art. 906, in case the parents, and her holographic will
value of the property received is less does not explicitly disinherit them
than the value of the legitime. but simply omits them altogether,
the case is one of preterition of
Effects of Preterition: parents, not a case of ineffective
1. It annuls the institution of heir; disinheritance. (Nuguid vs. Nuguid
2. The devises and legacies are valid 17 SCRA 449)
insofar as they are not inofficious;
and NOTE: Preterition of the surviving
3. If the omitted compulsory heir spouse (SS) does not entirely annul the
should die before the testator, the institution of the heir since SS is not a
institution shall be effectual, compulsory heir in the direct line.
without prejudice to the right of However, since Article 842 protects the
representation. legitime of the SS, the institution is
NOTE: In case of omission without partially annulled by reducing the rights
preterition, the rule in Art. 855 should of the instituted heir to the extent
be followed. The suggested alternate necessary to cover the legitime of SS.
phrasing of Dr. Tolentino to the said (Tolentino)
article is: The share of the compulsory
heir omitted in a will must be first EFFECT OF PREDECEASE
taken from the part of the estate not --an heir who dies before the testator
disposed of by the will, if any; if that is shall transmit no right to his own heirs
CIVIL LAW COMMITTEE
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(rule is absolute with respect to a

voluntary heir) Effect of substitution:
--what is transmitted to the General rule: once the substitution
representatives of compulsory heir is his has taken place, the substitute shall
right to the legitime and not to the free not only take over the share that
portion would have passed to the instituted
EFFECT OF INCAPACITY heir, but he shall be subject to the
--A voluntary heir who is incapacitated same charges and conditions
to succeed from testator shall transmit imposed upon such instituted heir.
no right to his own heirs. Exceptions:
--compulsory heir may be represented, (1) When the testator has expressly
but only with respect to his legitime to the contrary;
(2) When the charges or conditions
EFFECT OF REPUDIATION are personally applicable only to the
--whether voluntary or compulsory, the heir instituted.
heir who repudiates his inheritance
cannot transmit any right to his own 3. Fideicommissary
heirs. Requisites:
a. First heir (fiduciary) called to the
J. SUBSTITUTION OF HEIRS succession.
(ARTS 857-870) b. An obligation clearly imposed upon
such first heir to preserve the
SUBSTITUTION property and to transmit it to the
The act by which the testator second heir.
designates the person or persons to c. Second heir (fideicommissary) to
take the place of the heir or heirs whom the property is transmitted by
first instituted (Tolentino). It may be the first heir.
considered as a subsidiary and Without the obligation clearly
conditional institution. imposing upon the first heir the
preservation of the property and its
Kinds: transmission to the second heir,
1. Simple or Common (that which there is no fideicommissary
takes place when the testator substitution (Rabadilla vs. CA 334
designates one or more persons to SCRA 522)
substitute the heirs/s instituted in
case such heir/s should die before NOTE: Pending transmission of property,
him, or should not wish, or should be the fiduciary is entitled to all the rights
incapacitated to accept the of a usufructuary, although the
inheritance) fideicommissary is entitled to all the
2. Brief or Compendious: brief (there rights of a naked owner.
are two or more persons designated
by the testator to substitute for only Limitations:
one heir), compendious (one heir is a. Substitution must not go beyond one
designated to take the place of two degree from the heir originally
or more heirs) instituted.
b. Degree means degree of
Instances when substitution relationship.
takes place: c. Fiduciary and fideicommissary must
a. instituted heir predeceases the be living at the time of the death of
testator; the testator.
b. incapacity of the instituted heir d. Substitution must not burden the
to succeed from the testator; legitime of compulsory heirs.
and e. Substitution must be made
c. repudiation of the inheritance. expressly.
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A fideicommissary substitution is she violates the condition by

void if the first heir is not related in contracting a 2nd marriage, she loses
the 1st degree to the second heir her right to said inheritance.
(Ramirez vs. Vda. De Ramirez 111
SCRA 704) NOTE: However, the following relative
conditions regarding marriage have been
K. CONDITIONAL, MODAL considered as valid and binding:
TESTAMENTARY DISPOSITIONS, AND a. generic condition to contract
TESTAMENTARY DISPOSITIONS WITH A marriage;
TERM (ART 871-885) b. specific condition to contract
marriage with a determinate
GENERAL RULE: The institution of an person; and
heir may be made 1) conditionally, 2) for c. specific condition not to
a term, or 3) for a certain purpose or contract marriage with a
cause (modal). Conditions, terms, and determinate person.
modes however, are not presumed; they
must be clearly expressed in the will. 5. Any disposition made upon the
The condition must fairly appear from condition that the heir shall make
the language of the will. Otherwise, it is some provisions in his will in favor of
not binding. the testator or of any other person
shall be void (disposicion
LIMITATIONS: captatoria).
1. The testator cannot impose any 6. Conditions imposed by the testator
charge, burden, encumbrance, upon the heirs shall be governed by
condition, or substitution the rules established for conditional
whatsoever upon the legitime of obligations in all matters not
compulsory heirs. provided for by the law on
2. Impossible conditions and those succession.
contrary to law or good customs are
presumed to have been imposed Kinds of Conditions
erroneously or through oversight, 1. Potestative Condition depends
thus, are considered as not imposed. exclusively upon the will of the heir,
3. An absolute condition not to devisee, or legatee, and must be
contract a first marriage is always performed by him personally.
void and will be considered as not 2. Causal Condition depends upon the
written. will of the heir, devisee, or legatee,
4. An absolute condition not to but upon the will of a third person.
contract a subsequent marriage is 3. Mixed depends jointly upon the will
generally void, unless imposed upon of the heir, devisee, or legatee and
a widow or widower by the deceased upon chance and/or will of a third
spouse or by the latters ascendants person.
or descendants. Even so, however,
the legitime of the surviving spouse Fulfillment of Conditions:
cannot be impaired. 1. Potestative Conditions must be
fulfilled after the death of the
An absolute condition not to testator (except when it has already
contract marriage when validly been fulfilled and is of such nature
imposed is resolutory in character. that it cannot be repeated);
Consequently, if the testator 2. Causal or mixed conditions may be
institutes his wife as heir subject to fulfilled either before or after such
the condition that she will never death, unless the testator has
marry again, she immediately provided otherwise.
acquires a right to the inheritance
upon the death of testator, but if
CIVIL LAW COMMITTEE
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MODAL INSTITUTION (INSTITUCION SUB The course of action to enforce a

MODO) legitime accrues upon the death of
Attachment by the testator to an the donor-decedent since it is only
institution of heir, or to a devise or then that the net estate may be
legacy, of a statement of the: ascertained and on which basis, the
a. object of the institution; legitime may be determined.
b. application of the property left (Imperial vs. CA 316 SCRA 313)
by testator; or
c. charge imposed by him. NOTE: One half of the estate is always
reserved for the primary or secondary
NOTES: compulsory heirs. The other half is what
When in doubt as to whether there is is termed under the NCC as the free
a condition or merely a mode, portion from which the legitime of the
consider the same as mode. concurring compulsory heirs are taken.
When in doubt as to whether there is This free portion is different from the
a mode or merely a suggestion, disposable free portion over which the
consider same only as a suggestion. testator has testamentary control. The
The condition suspends but does disposable free portion is that which
remains after the legitime has been
not obligate; the mode obligates
covered.
but does not suspend (for he who
inherits with a mode is already an
COMPULSORY HEIRS (CH)
heir; one who inherits conditionally
Those for whom the legitime is
is not yet an heir)
reserved by law, and who succeed
whether the testator likes it or not.
DOCTRINE of CONSTRUCTIVE
They cannot be deprived by the
FULFILLMENT: When without the fault
testator of their legitime except by
of the fault of the heir, an institucion
disinheritance properly effected.
sub modo cannot take effect in the
exact manner stated by the testator, it
Kinds of Compulsory Heirs:
shall be complied with in a manner most
1. Primary those who have
analogous to and in conformity with his
precedence over and exclude other
wishes.
CH. E.g. LCD.
2. Secondary those who succeed only
NOTE:
in the absence of the primary CH.
If the condition is casual, the E.g. LPA or IP.
doctrine is not applicable since the 3. Concurring those who succeed
fulfillment of the event which together with the primary or
constitutes the condition is secondary CH. E.g. ICD and SS.
independent of the will of the heir,
devisee/legatee. If the condition is
If the testator is If the testator is
potestative or mixed, the doctrine is
a LEGITIMATE an ILLEGITIMATE
applicable.
person person
L. LEGITIMES (ARTS 886 914) 1. Legitimate 1. Legitimate
LEGITIME children and children and
That part of the testators property descendants descendants
which he cannot dispose of because (LCD) (LCD)
the law has reserved it for certain
heirs who are, therefore, called 2. In default of 2. Illegitimate
compulsory heirs. the foregoing, children and
legitimate descendants
parents and (ICD)
ascendants
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(LPA)
LC Divide by the
# of LC,
whether they
survive alone
or with
3. Surviving 3. In default of concurring
spouse (SS) the foregoing, CH.
illegitimate
parents only 1 LC
(IP) SS
4. Illegitimate 4. Surviving 2 or more

children and spouse (SS) LC equal to 1
descendants SS LC
(ICD)
LC
IC of 1 LC
NOTES:
See Sections 17 & 18 of R.A. 8552. LC All the
By force of the Family Code, SS concurring CH
adopted children are deemed IC of 1 LC get from the
legitimate children of the adopters. half free
portion, the
By force of the Family Code, IC share of the
without distinction and so long as SS having
their filiation is duly established or preference
proved in accordance with law, are over that of
each entitled to 1/2 of the legitime the IC, whose
of a LC, thus abrogating the 5:4 ratio share may
between natural and non- suffer
natural IC. reduction pro
rata because
there is no
RULES:
preference
1. Direct descending line among
a. Rule of preference between lines themselves.
b. Rule of proximity
c. Right of representation ad LPA Whether they
infinitum in case of predecease, survive alone
incapacity, or disinheritance (LC: or with
LD only; IC: both LD and ID) concurring
d. If all the LC repudiate their CH.
legitime, the next generation of
LPA IC succeed in
LD succeed in their own right IC the in
2. Direct ascending line equal shares.
a. Rule of division by lines
b. Rule of equal division LPA
3. Non-impairment of legitime SS
TABLE OF LEGITIMES LPA

SURVIVOR LEGITIME NOTES SS 1/8
IC
IC Divide equally
among the IC.
SS 1/3
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IC 1/3 portion and restoration to the

hereditary estate if the donation is
inofficious; and
SS 1/3 if 7. Distribution of the residue of the
marriage is in estate in accordance with the will of
articulo the testator
mortis and
deceased
spouse dies COLLATION
within 3 mos. 1. Fictitious mathematical process of
after the adding the value of the thing
marriage. donated to the net value of the
hereditary estate (Art. 908 and Arts.
IP 1061-1077).
2. Act of charging or imputing such
value against the legitime of the
IP -excluded- Children
Any child It depends inherit in the
compulsory heir to whom the thing
amounts was donated (Arts. 1061-1077).
established in 3. Actual act of restoring to the
the foregoing hereditary estate that part of the
rules. donation which is inofficious in order
not to impair the legitime of
IP Only the compulsory heirs.
SS parents are of
IC are RESERVA TRONCAL (ART 891)
included. The reservation by virtue of which
Grandparents an ascendant who inherits from his
and other
descendant any property which the
ascendants
are excluded.
latter may have acquired by
gratuitous title from another
ascendant or a brother or sister, is
obliged to reserve such property for
the benefit of relatives who are
STEPS IN DETERMINING THE LEGITIME within the 3rd degree and who belong
OF COMPULSORY HEIRS: to the line from which such property
1. Determination of the gross value of came.
the estate at the time of the death It constitutes as an exception to
of the testator; both the system of legitime and the
2. Determination of all debts and order of intestate succession.
charges which are chargeable Purposes:
against the estate; 1. To reserve certain property in favor
3. Determination of the net value of of certain persons;
the estate by deducting all the debts 2. To prevent persons outside a family
and charges from the gross value of from acquiring, by some chance or
the estate; accident, property which otherwise
4. Collation or addition of the value of would have remained with the said
all donations inter vivos to the net family;
value of the estate; 3. To maintain a separation between
5. Determination of the amount of the paternal and maternal lines.
legitime from the total thus found; NOTE: Considering the rationale for
6. Imputation of the value of all reserva troncal which is to ultimately
donations inter vivos made to revert ownership of property that
compulsory heirs against their originally belongs to a line of relatives
legitime and of the value of all but which by force of law passes to a
donations inter vivos made to different line, the reserva would have no
strangers against the disposable free
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reason to arise where the ascendants NOTE: All personal elements must be
who acquire the property themselves joined by bonds of legitimate
belong to the line of relatives from relationship.
which the property was, in turn,
acquired by the descendant. NOTE: In determining the right of the
reservatarios over the reservable
Requisites: property, there are 2 events to consider:
1. The property should have been 1. Death of propositus: all qualified
acquired by operation of law by an reservatarios acquire an inchoate
ascendant (reservista) from his right. Reservista owns the property
descendant (propositus) upon the subject to a resolutory condition.
death of the latter. 2. Death of reservista: surviving
2. The property should have been reservatarios acquire a perfect right.
previously acquired by gratuitous
title by the descendant (propositus) NOTE: The NCC did not provide for the
from another ascendant or from a rules on how the reservatarios would
brother or sister (originator). succeed to the reservista. However, the
3. The descendant (propositus) should following rules on intestacy have been
have died without any legitimate consistently applied:
issue in the direct descending line a. Rule of preference between lines
who could inherit from him. b. Rule of proximity
c. Right of representation
Personal elements: (provided that the
1. Originator the ascendant, or representative is a relative of
brother or sister from whom the the descendant- propositus
propositus had acquired the property within 3rd degree, and that he
by gratuitous title (e.g. donation, belongs to the line from which
remission, testate or intestate the reservable property came)
succession); d. Full blood/double share rule
2. Propositus the descendant who died in Art. 1006
and from whose death the reservista
in turn had acquired the property by Property subject to reservation:
operation of law (e.g. by way of must be the same property which
legitime or intestate succession). The the reservista had acquired by
so-called arbiter of the fate of the operation of law from propositus
reserva troncal. upon the death of the latter and
3. Reservista the ascendant, not which the latter, in turn had
belonging to the line from which the acquired by gratuitous title during
property came (Justice Vitug) that is his lifetime from another ascendant,
the only compulsory heir and is brother/sister.
obliged to reserve the property.
NOTE: Dr. Tolentino is of the view that Obligations of Reservista:
even if the reservista and the originator (1) To make an inventory of all
belong to the same line, there is still an reservable property;
obligation to reserve. (2) To appraise value of all
4. Reservatarios the relatives of the reservable movable property;
propositus within the 3rd degree and (3) To annotate in Registry of
who belong to the line from which property the reservable
the property came and for whose character of all reservable
benefit the reservation is immovable property;
constituted. They must be related by (4) To secure by mortgage (a)
blood not only to the propositus but restitution of movables not
also to the originator. alienated, (b) payment of
damages caused by his fault or
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negligence, (c) return of price them in the concept of an absolute

received for movables alienated owner;
and (d) payment of value of 6. Registration by the reservista of the
immovable alienated. property as free property under the
Land Registration Act
A reservatorio may dispose of his
expentancy to the reservable M. DISINHERITANCE (ART 915 923)
property during pendency of the A testamentary disposition by which
reserve in its uncertain and a person is deprived of, or excluded
conditional form. If he dies before from, the inheritance to which he
the reservista, he has not has a right.
transmitted anything, but if he A disinheritance properly effected
survives such reservista, the totally excludes the disinherited heir
transmission shall become effective. from the inheritance. The
disinherited heir is deprived not only
A will may prevent the constitution of the legitime but also of such part
of a reserva. In case of testate of the free portion that would have
succession, only the legitime passes passed to him by a previous will
by operation of law. The propositus (which is revoked, as inconsistent
may, by will, opt to give the with, the subsequent disinheritance)
legitime of his ascendant without or by intestate succession.
giving to the latter properties he had
acquired by gratuitous title from
another ascendant, or brother or Requisites:
sister. In such case, a reserva 1. Effected only through a valid will;
troncal is avoided. 2. For a cause expressly stated by law;
However, if the ascendant was 3. Cause must be stated in the will
not disentitled in the will to receive such itself;
properties, the reserva minima rule 4. Cause must be certain and true;
(proportional reserva) should be 5. Unconditional;
followed. The rule holds that all 6. Total; and
property passing to the reservista must 7. The heir disinherited must be
be considered as passing partly by designated in such a manner that
operation of law and partly by will of the there can be no doubt as to his
propositus. Thus, one half of the identity.
properties acquired by gratuitous title
should be reservable, and the other half Effects of Disinheritance:
should be free. 1. Deprivation of the compulsory heir
who is disinherited of any
Causes for Extinguishment of Reserva participation in the inheritance
Troncal: including the legitime.
1. Death of reservatarios; 2. The children/descendants of the
2. Death of all relatives of propositus person disinherited shall take his or
within the 3rd degree who belong to her place and shall preserve the
the line from which the property rights of compulsory heirs with
came; respect to the legitime.
3. Loss of the reservable property for 3. The disinherited parent shall not
causes not due to the fault or have the usufruct or administration
negligence of the reservista. of the property which constitutes
4. Waiver or renunciation by the the legitime.
reservatarios;
5. Prescription of the right of the IMPERFECT DISINHERITANCE
reservatarios, when the reservista
holds the property adversely against
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A disinheritance which does not have or more, if the accusation has been
one or more of the essential found groundless;
requisites for its validity. 3. When the heir by fraud, violence,
Effects: intimidation, or undue influence
1. If testator had made disposition of causes the testator to make a will or
the entire estate: annulment of the to change one already made;
testamentary dispositions only in so 4. Refusal without justifiable cause to
far as they prejudice the legitime of support the testator who disinherits
the person disinherited; does not such heir.
affect the dispositions of the
testator with respect to the free Peculiar Causes for Disinheritance
portion. 1. Children/Descendants:
2. If testator did not dispose of the free a. When the child/descendant has
portion: compulsory heir is given all been convicted of adultery or
that he is entitled to receive as if concubinage with the spouse of
the disinheritance has not been the testator;
made, without prejudice to lawful b. Maltreatment of the testator by
dispositions made by the testator in word or deed by the
favor of others. child/descendant;
3. Devises, legacies and other c. When the child/descendant leads
testamentary dispositions shall be a dishonorable or disgraceful
valid to such extent as will not life; Conviction of a crime which
impair the legitime. carries with it a penalty of civil
interdiction.
IMPERFECT PRETERITION
DISINHERITANCE
2. Parents/Ascendants:
1. The person 1. The person a. When the parents have
disinherited may be omitted must be a abandoned their children or
any compulsory heir compulsory heir in induced their daughters to live a
the direct line corrupt or immoral life, or
attempted against their virtue;
2. Always express 2. Always implied
b. When the parent/ascendant has
3.Always intentional 3. May be been convicted of adultery or
intentional or concubinage with the spouse of
unintentional the testator;
c. Loss of parental authority for
4. Effect: Partial 4. Effect: Total causes specified in the Code; and
annulment of annulment of d. Attempt by one of the parents
institution of heirs institution of heirs against the life of the other,
unless there has been
Common Causes for Disinheritance of reconciliation between them.
children or descendants, parents or 3. Spouse:
ascendants, and spouse: a. When the spouse has given
1. When the heir has been found guilty cause for legal separation; When
of an attempt against the life of the the spouse has given grounds for
testator, his/her descendants or the loss of parental authority.
ascendants, and spouse in case of
children and parents; Revocation of Disinheritance:
2. When the heir has accused the 1. Reconciliation;
testator of a crime for which the law 2. Subsequent institution of the
prescribes imprisonment for 6 years disinherited heir; and
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3. Nullity of the will which contains the apply. The heir continues to be
disinheritance. incapacitated to succeed unless
pardoned by the testator under Art.
NOTE: Once disinheritance has been 1033. The law effects the
revoked or rendered ineffectual, it disinheritance.
cannot be renewed except for causes
subsequent to the revocation or based N. LEGACIES AND DEVISES (ARTS. 924
on new grounds. 959)
RECONCILIATION Persons charged with legacies and

It is the resumption of genuine devises:
cordial relationship between the (1) compulsory heir;
testator and the disinherited heir, (2) voluntary heir;
approximating that which prevailed (3) legatee or devisee;
before the testator learned of the (4) estate
cause for disinheritance, reciprocally
manifested by their actions NOTES:
subsequent to the act of If the will is silent with regard to the
disinheritance. person who shall pay or deliver the
A subsequent reconciliation between legacy/devise, there is a
the offender and the offended presumption that such legacy or
person deprives the latter of the devise constitutes a charge against
right to disinherit, and renders the decedents estate.
ineffectual any disinheritance that Since legacies and devises are to be
may have been made. (Art. 922) taken from the disposable free
portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.
NOTES:
Mere civility which may characterize STATUS OF EFFECT ON THE
their relationship, a conduct that is PROPERTY GIVEN BY LEGACY/DEVISE
naturally expected of every decent LEGACY/DEVISE
person, is not enough.
In order to be effective, the testator 1. Belonging to the
must pardon the disinherited heir. testator at the time of Effective
Such pardon must specifically refer the execution of the
to the heir and to the acts causing will until his death
the disinheritance. The heir must
2. Belonging to the
accept the pardon. testator at the time of Revoked
No particular form is required. It the execution of the
may be made expressly or tacitly. will but alienated in
favor of a 3rd person
NOTE: Where the cause for
disinheritance is likewise a ground for 3. Belonging to the No revocation.
unworthiness to succeed, what is the testator at the time of There is a clear
effect of a subsequent reconciliation the execution of the intention to
will but alienated in comply with
upon the heirs capacity to succeed?
favor of the legacy or devise.
1. If disinheritance has been made: legatee/devisee
Rule on reconciliation applies. The gratuitously
disinheritance becomes ineffective.
2. If disinheritance has not been made: 4. Belonging to the Legatee/devisee
Rule on reconciliation does not testator at the time of can demand
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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

testator at the time Effective
the will is executed but
he has ordered that the ART. 911 ART. 950
thing be acquired in
order that it be given Order of Order of preference:
to the legatee/devisee preference: (RPSESO)
(LIPO)
6. Not belonging to the
testator at the time Void 1. Legitime of 1. Remuneratory L/D
the will is executed compulsory 2.Preferential L/D
and the testator heirs 3.L for support
erroneously believed 2. Donations inter 4.L for education
that the thing vivos 5.L/D of a specific,
pertained to him 3. Preferential determinate thing
legacies or which forms a part
7. Not belonging to the Effective devices of the estate
testator at the time 4. All other All others pro rata
the will is executed but legacies or
afterwards becomes his devices pro
by whatever title rata
8. Already belonged to
the legatee/devisee at Ineffective
the time of the Application: Application:
execution of the will
even though another (1) When the (1) When there are no
person may have reduction is compulsory heirs and
interest therein necessary to the entire estate is
preserve the distributed by the
9. Already belonged to legitime of testator as legacies
the legatee or devisee Ineffective compulsory heirs or devises; or
at the time of the from impairment
execution of the will whether there are
even though it may
have been donations inter (2) When there are
subsequently alienated vivos or not; or compulsory heirs but
by him (2) When, their legitime has
although, the already been
10.Testator had Legatee/devisee legitime has been provided for by the
knowledge that the can claim nothing preserved by the testator and there
thing bequeathed by virtue of the testator himself are no donations
belonged to a third legacy/devise there are inter vivos.
person and the donations inter
legatee/devisee vivos.
acquired the property
gratuitously after the
execution of the will
NOTES:
11.Testator had Legatee/devisee In case of reduction in the above
knowledge that the can demand cases, the inverse order of payment
thing bequeathed reimbursement should be followed.
belonged to a third from the heir or
person and the estate
legatee/devisee
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When the question of reduction is undisposed portion (mixed

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

(between paternal and maternal parents and other blood relatives.
grandparents);
b) Division among brothers and C. RIGHT OF REPRESENTATION (RR)
sisters, some of whom are of the (ARTS. 970 977)
full and others of half blood; and A right created by fiction of law, by
c) Division In cases where the right virtue of which the representative is
of representation takes place. raised to the place and degree of the
NOTE: This rule is subject to the person represented, and acquires
rule of preference between lines. the rights which the latter would
4. Rule of Barrier between the have if he were living or if he could
legitimate family and the have inherited. The representative
illegitimate family is called to the succession by the law
The illegitimate family cannot not by the person represented. He
inherit by intestate succession succeeds the one whom the person
from the legitimate family and represented would have succeeded.
vice-versa.
5. Rule of Double Share for full blood NOTES:
collaterals In the direct line, representation
When full and half-blood takes place ad infinitum in the
brothers or sisters, nephews or direct descending line, never in the
nieces, survive, the full blood ascending.
shall take a portion in the In the collateral line, representation
inheritance double that of the takes place only in favor of the
half-blood. children of brothers or sisters
(nephews and nieces), whether of
NOTE: In case of a disposition made in the full or half-blood, and only if
general terms under Article 959, only they concur with at least 1 uncle or
the Rule of Proximity applies. aunt.
B. RELATIONSHIP (ARTS. 963 969) 1. Testamentary Succession
1. Number of generations determines a) When a compulsory heir in the
proximity. direct descending line had
2. Each generation forms a degree. predeceased the testator and
3. A series of degrees forms a line. was survived by his children or
4. A line may be direct or collateral. A descendants.
direct line is that constituted by the b) When a compulsory heir in the
series of degrees among ascendants direct descending line is
and descendants (ascending and excluded from the inheritance
descending). due to incapacity or
5. A collateral line is that constituted unworthiness and he has
by the series of degrees among children or descendants.
persons who are not ascendants or c) When a compulsory heir in the
descendants, but who come from a direct descending line is
common ancestor. disinherited and he has children
6. Full blood: same father and mother; or descendants; representation
half blood: only one of either parent covers only the legitime.
is the same. d) A legatee/devisee who died
7. In adoption, the legal filiation is after the death of the testator
personal and exists only between the may be represented by his heirs.
adopter and the adopted. The
adopted is deemed a legitimate child 2. Intestate Succession
of the adopter (AP), but still remains a) When a legal heir in the direct
descending line had predeceased
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the decedent and was survived 5. Brothers and sisters, nephews and
by his children or descendants. nieces (BS/NN)
b) When a legal heir in the direct 6. State
descending line is excluded from
the inheritance due to
incapacity or unworthiness and ORDER OF CONCURRENCE
he has children or descendants. 1. LCD, ICD, and SS
c) When brothers or sisters had 2. LPA, ICD, and SS
predeceased the decedent and 3. ICD and SS
they had children or 4. SS and IP
descendants. 5. BS/NN and SS
d) When illegitimate children 6. C5 (alone)
represent their illegitimate 7. State (alone)
parents who already died in the
estate of their grandparents.
e) When nephews and nieces inherit TABLE OF INTESTATE SHARES
together with their uncles and
aunts in representation of their SURVIVOR INTESTATE SHARE
deceased parents who are the Any class Entire estate
brothers or sisters of said uncles alone
and aunts. 1 LC 1/2
SS 1/2
(Diongson vs. Cinco, 74
D. INTESTATE OR LEGAL HEIRS SCRA 118)
Those who are called by law to the 2 or more LC Consider SS as 1 LC,
succession either in the absence of a SS then divide estate by
will or of qualified heirs, and who total number.
are deemed called based on the LPA 1/2
presumed will of the decedent. SS 1/2
LPA 1/2
REGULAR ORDER OF SUCCESSION SS 1/4
(Decedent is a legitimate person): IC 1/4
1. Legitimate children or descendants IP 1/2
(LCD) SS 1/2
(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
5. Brothers and sisters, nephews and IC insufficient. Reduction
nieces (BS/NN) must be made according
6. Other collateral relatives within the to the rules on
5th degree (C5) legitimes. The legitimes
7. State of LCD and SS shall
always be first satisfied
in preference to the ICD.
2 or more LC First, satisfy legitimes.
SS There would be an
IRREGULAR ORDER OF SUCCESSION IC excess in the estate.
(Decedent is an illegitimate person): Distribute such excess in
1. Legitimate children or descendants the proportion 1:2:2, in
(LCD) accordance with the
2. Illegitimate children or descendants concurrence theory.
(ICD)
3. Illegitimate parents (IP)
4. Surviving spouse (SS)
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ORDER OF CONCURRENCE IN THE CASE 6. ICD of legitimates cannot represent

OF ADOPTED CHILD because of the barrier, but both the
SURVIVORS SHARE ICD and LCD of illegitimates can.
1. LPA/IP 7. There can be reserva troncal in
AP intestate succession.
8. A renouncer can represent, but
2. LPA/IP cannot be represented.
AP
9. A person who cannot represent a
SS
near relative cannot also represent a
relative farther in degree.
3. LPA
AP III. MIXED SUCCESSION OR
ICD PARTIAL INTESTACY
4. LPA 1/3
AP
SS 1/3 Succession that is effected partly by
ICD 1/3 will and partly by operation of law.
RULES:
CARDINAL PRINCIPLES OF INTESTATE 1. The law of legitimes must be brought
SUCCESSION (Justice Paras) into operation in partial intestacy,
1. Even if there is an order of intestate because the testamentary
succession, the Compulsory Heirs dispositions can affect only the
(CH) are never excluded. The Civil disposable free portion but never the
Code follows the concurrence legitimes.
theory, not the exclusion theory. 2. If among the concurring intestate
2. Right of Representation (RR) in the heirs there are compulsory heirs,
collateral line occurs only in whose legal or intestate portions
intestate succession, never in exceed their respective legitimes,
testamentary succession because a then the amount of the
voluntary heir cannot be represented testamentary disposition must be
(collateral relatives are not CH). deducted from the disposable free
3. The intestate shares are either equal portion, to be borne by all the
to or greater than the legitime. intestate heirs in the proportions
4. GENERAL RULE: Grandchildren that they are entitled to receive
always inherit by RR, provided from such disposable free portion as
representation is proper. intestate heirs.
EXCEPTION: Whenever all the 3. If the intestate share of a
children repudiate, the compulsory heir is equal to his
grandchildren inherit in their own legitime, then the amount of the
right because RR would not be testamentary disposition must be
proper. deducted only from the intestate
5. Nephews and nieces inherit either by shares of the others, in the
RR or in their Own Right (OR). proportions stated above.
a. RR: when they concur with aunts 4. If the testamentary dispositions
and uncles (provided that RR is consume the entire disposable free
proper) portion, then the intestate heirs who
are compulsory heirs will get only
their legitime, and those who are
not compulsory heirs will get
nothing.
b. OR: when they do not concur
with aunts and uncles.
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IV. PROVISIONS COMMON TO (a) In case of predecease of an

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

corporations not permitted by law to testator of a crime for which the law
inherit; prescribes imprisonment for 6 years
3. Guardian with respect to or more, if the accusation has been
testamentary dispositions given by a found groundless;
ward in his favor before the final 4. Any person convicted of adultery or
accounts of the guardianship have concubinage with the spouse of the
been approved, even if the testator testator;
should die after the approval 5. Any heir of full age who, having
thereof; nevertheless, any provision knowledge of the violent death of
made by the ward in favor of the the testator, should fail to report it
guardian when the latter is his to an officer of the law within a
ascendant, descendant, brother, month, unless the authorities have
sister, or spouse, shall be valid; already taken action; this prohibition
4. Relatives of such priest or minister shall not apply to cases wherein,
of the gospel within the 4th degree, according to law, there is no
the church, order, chapter, obligation to make an accusation;
community, organization or 6. Any person who by fraud, violence,
institution to which such priest or intimidation, or undue influence
minister may belong; should cause the testator to make a
5. Attesting witness to the execution of will or to change one already made;
a will, the spouse, parents or 7. Any person who falsifies or forges a
children, or any one claiming under supposed will of the decedent; and
such witness, spouse, parents or 8. Any person who by the same means
children; and prevents another from making a will,
6. Physician, surgeon, nurse, health or from revoking one already made,
officer or druggist who took care of or who supplants, conceals, or alters
the testator during his last illness. the latter's will.
B. Based on Morality or Public Policy NOTE: The moment the testator uses
(ART 739) one of the acts of unworthiness as a
1. Those made in favor of a person with cause for disinheritance, he thereby
whom the testator was guilty of submits it to the rules on disinheritance.
adultery or concubinage at the time Thus, reconciliation renders the
of the making of the will. disinheritance ineffective.
2. Those made in consideration of a
crime of which both the testator and Pardon of Acts of Unworthiness
the beneficiary have been found EXPRESS IMPLIED
guilty. 1. made by the 1. effected when
3. Those made in favor of a public execution of a testator makes a
officer or his spouse, descendants and document or any will instituting the
ascendants, by reason of his public writing in which the unworthy heir with
office decedent condones knowledge of the
the cause of cause of incapacity
C. Based on Acts of Unworthiness incapacity
2. cannot be 2. revoked when
(A4F3P)
revoked the testator
1. Parents who have abandoned their revokes the will or
children or induced their daughters the institution
to lead a corrupt or immoral life, or
attempted against their virtue; C. ACCEPTANCE AND REPUDIATION OF
2. Any person who has been convicted INHERITANCE (ARTS. 1041 1057)
of an attempt against the life of the
testator, his/her spouse, Characteristics: (VIR)
descendants or ascendants; 1. Voluntary and free
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
83
2. Irrevocable, except if there is

vitiation of consent or an unknown REPUDIATION must be made in a
will appears public instrument (acknowledged
3. Retroactive before a notary public) or authentic
document (equivalent of an
Requisites: indubitable writing or a writing
1. certainty of the death of the whose authenticity is admitted or
decedent proved) or by petition presented to
2. certainty of the right to the the court having jurisdiction over the
inheritance testamentary or intestate
proceeding.
Acceptance vs. Repudiation:

(1) Acceptan
ce involves the confirmation of Reason for formality: Law considers
transmission of successional rights, that the act of repudiation is more
while repudiation renders such solemn than the act of acceptance
transmission ineffective. and that repudiation produces a
(2) Repudiat more violent and disturbing
ion is equivalent to an act of consequences.
disposition and alienation.
(3) The Heir in two capacities: An heir who
publicity required for repudiation is
is such by will and by law, and he
necessary for the protection of other
repudiates the inheritance as a
heirs and also of creditors.
testamentary heir, will be
considered to have repudiated the
Form of Acceptance
inheritance as a legal heir. But when
1. Express Acceptance one made in a
an heir repudiates as a legal heir, he
public or private document.
may later on accept as a
2. Tacit Acceptance one resulting from
testamentary heir.
acts by which the intention to
accept is necessarily implied or
D. COLLATION (ARTS. 1061-1077)
which one would have no right to do
Every compulsory heir, who succeeds
except in the capacity of an heir
with other compulsory heirs must
bring into the mass of the estate any
Tacit acceptance is presumed from
property or right which he may
certain acts of the heir as:
received from the decedent, during
1. When heir sells, donates, or assigns
the lifetime of the latter, by way of
his right.
donation, or any other gratuitous
2. When heir renounces it for the
title, in order that it may be
benefit of one or more heirs.
computed in the determination of
3. When renunciation is in favor of all
the legitime of each heir, and in the
heirs indiscriminately for
account of partition. (Art. 1061)
consideration
An act of returning or restoring to
4. Other acts of tacit acceptance
the common mass of the estate,
a. heir demands partition of the
either actually or fictitiously, any
inheritance
property which a person may have
b. heir alienates some objects of
received from the decedent during
the inheritance
the latters lifetime, but which is
c. Under Art 1057, failure to signify
understood for legal purposes as an
acceptance or repudiation within
advance from inheritance.
30 days after an order of
distribution by the probate
OPERATIONS RELATED TO COLLATION
court.
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
84
1. Collation adding to the mass of the a. Expenses for support, education

hereditary estate the value of the (elementary and secondary
donation or gratuitous disposition only), medical attendance, even
2. Imputing or Charging crediting the in extraordinary illness,
donation as an advance on the apprenticeship, ordinary
legitime (if the donee is a equipment, or customary gifts
compulsory heir) or on the free (Art. 1067).
portion (if the donee is a stranger) 2. Generally not imputable to legitime:
3. Reduction determining to what a. Expenses incurred by parents in
extent the donation will remain and giving their children
to what extent it is excessive or professional, vocational or other
inofficious. career unless the parents so
4. Restitution return or payment of provide, or unless they impair
the excess to the mass of hereditary the legitime.
estate. b. Wedding gifts by parents and
ascendants consisting of
jewelry, clothing, and outfit
Persons obliged to collate except when they exceed 1/10
1. GENERAL RULE: compulsory heirs of the sum disposable by will.
EXCEPTIONS:
a. When the testator should have E. PARTITION AND DISTRIBUTION OF
so expressly provided; and ESTATE (ARTS. 1078 1105)
b. When the compulsory heir should It is the separation, division and
have repudiated his inheritance assignment of a thing held in
2. Grandchildren who survive with their common among those to whom it
uncles, aunts, or 1st cousins, and may belong. It includes every act
inherit by right of representation. which is intended to put an end to
indivision among co-heirs, and
NOTE: Grandchildren may inherit from legatees or devisees, although it
grandparent in their own right (i.e. heirs should purport to be a sale,
next in degree) and not by right of exchange, compromise, or any other
representation if their parent repudiates transaction. It is not subject to any
the inheritance of the grandparent, as form.
no living person can be represented
except in cases of disinheritance and Who may effect partition:
incapacity. In such case grandchildren 1. decedent himself during his lifetime
are not obliged to bring to collation by an act inter vivos or by will;
what their parent has received 2. heirs themselves;
gratuitously from their grandparent) 3. competent court;
4. 3rd person designated by the
What to collate: decedent.
1. Any property or right received by
gratuitous title during the testators Who can demand partition:
lifetime 1. compulsory heir;
2. All that they may have received from 2. voluntary heir;
the decedent during his lifetime 3. legatee or devisee;
3. All that their parents would have 4. any person who has acquired interest
brought to collation if alive in the estate.
Properties not subject to collation (2nd When partition cannot be demanded:

concept): (PAPU)
1. Absolutely no collation (all 1. when expressly prohibited by the
concepts): testator himself for a period not
exceeding 20 years;
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
85
2. when the co-heirs agreed that the

estate shall not be divided for a
period not exceeding 10 years,
renewable for another 10 years;
3. when prohibited by law;
4. when to partition the estate would
render it unserviceable for the use
for which it is intended.
Prohibition to Partition
1. The prohibition to partition for a
period not exceeding 20 years can be
imposed on the legitime.
2. If the prohibition to partition is for
more than 20 years, the excess is
void.
3. Even if a prohibition is imposed, the
heirs by mutual agreement can still
make the partition.
PARTITION INTER VIVOS (ART 1080)

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

Gayon
Rhodora
John Stephen
Purganan(LTD),
86
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),

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San Beda College of Law

MEMORY AID IN CIVIL LAW

Kinds: 3. DEATH OF THE DECEDENT (casual

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

personality, family rights, determination of the portions which they

Kinds of Wills: B. INTERPRETATION OF WILLS (ARTS.

MEMORY AID IN CIVIL LAW

Kinds of Ambiguities: (Article 786)

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

5. if the insane delusion touches to accordance with requirements

MEMORY AID IN CIVIL LAW

MANNER OF SIGNING: 3. that the witnesses witnessed and

MEMORY AID IN CIVIL LAW

substantial in character, as a used in the will should be signed on

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

c. judicial action for recovery of e. performed by the testator

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

testator must be shown to have been be applied only to the disposable

MEMORY AID IN CIVIL LAW

(Nuguid vs. Nuguid, et al. 17 SCRA not sufficient, so much as may be

MEMORY AID IN CIVIL LAW

(rule is absolute with respect to a

MEMORY AID IN CIVIL LAW

A fideicommissary substitution is she violates the condition by

MEMORY AID IN CIVIL LAW

MODAL INSTITUTION (INSTITUCION SUB The course of action to enforce a

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

4. Illegitimate 4. Surviving 2 or more

TABLE OF LEGITIMES LPA

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

IC 1/3 portion and restoration to the

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

negligence, (c) return of price them in the concept of an absolute

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

RECONCILIATION Persons charged with legacies and

MEMORY AID IN CIVIL LAW

the execution of the reimbursement acquired the property

5. Not belonging to the

MEMORY AID IN CIVIL LAW

When the question of reduction is undisposed portion (mixed

MEMORY AID IN CIVIL LAW

a) Division in the ascending line as an intestate heir of his natural

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

ORDER OF CONCURRENCE IN THE CASE 6. ICD of legitimates cannot represent

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

IV. PROVISIONS COMMON TO (a) In case of predecease of an

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

2. Individuals, associations and 3. Any person who has accused the