CIVIL LAW REVIEWER TABLE of CONTENTS

SUCCESSION
Table of Contents

Chapter I. Concept of Succession................59 Chapter V. Partition and Distribution of 58

I. Definition of Succession (Art. 774, CC) Estate .............................................................. 83

59
II. Opening of Succession (Art. 777, CC) 59
III. Kinds of Succession (Art. 778, CC) ....59
IV. Heirs ....................................................60
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I. Concept of Partition ............................ 83
II. Effects of Partition............................... 84
III. Nullification of Partition ....................... 84
IV. Important Periods in Partition ............. 85

Chapter II. Testamentary Succession ..........61 Chapter VI. Application of the Important
I. Concept ...............................................61 Concepts through Sample Computational
II. Testamentary Capacity .......................61 Problems......................................................... 86
III. Formalities of Wills ..............................61 I. Institution of Heirs ............................... 86
IV. Qualifications of Witnesses to a Notarial II. Legitimes............................................. 86
Will 62 III. Intestate Succession........................... 87
V. Qualifications of Witnesses to a Notarial IV. Accretion ............................................. 87
Will 63 V. Collation .............................................. 88
VI. Institution of Heirs ...............................63
VII. Applicable Principles of Private
International Law .........................................63
VIII. Codicils and Incorporation by
Reference ....................................................64
IX. Revocation of Wills and Testamentary
Dispositions..................................................64
X. Allowance and Disallowance of Wills..65
XI. Substitution of Heirs ............................66
XII. Legitimes.........................................67
XIII. Preterition........................................69
XIV. Reserva Troncal .............................69
XV. Disinheritance .................................70
XVI. Legacies and Devises.....................71

Chapter III. Intestate Succession..................74

I. Causes for Legal or Intestate
Succession...................................................74
II. The Intestate or Legal Heirs................74
III. Fundamental Underlying Principles in
Legal or Intestate Succession......................74
IV. Relationship (Arts. 963-969, CC) ........75
V. The Right of Representation (Art. 970,
CC) 75
VI. Order of Legal or Intestate Succession
76
VII. Concurrence in Legal or Intestate
Succession...................................................77
VIII. Outline of Intestate Shares .............77
IX. Order of Concurrence in the Case of an
Adopted Child (Art, 190, FC) .......................78

Chapter IV. Provisions Common to

Testamentary and Intestate Succession .....79
I. Accretion .............................................79
II. Capacity to Succeed ...........................80
III. Acceptance and Repudiation of
Inheritance ...................................................81
IV. Collation (Arts. 1061-1077, CC)..........81
CIVIL LAW REVIEWER Chapter I. CONCEPT OF SUCCESSION

Chapter I. Concept of Succession

SUCCESSION TEAM

SUCCESSION
Kristine Bongcaron I. DEFINITION OF SUCCESSION
Emil Lunasco II. OPENING OF SUCCESSION
Lead Writers
III. KINDS OF SUCCESSION
Alex Lopez IV. KINDS OF HEIRS 59
Writer

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CIVIL LAW I. Definition of Succession (Art. 774,
Kristine Bongcaron CC)
Patricia Tobias  It is a mode of acquisition
Subject Editors  by virtue of which the property, rights and
ACADEMICS COMMITTEE obligations
 to the extent of the value of the inheritance,
Kristine Bongcaron of a person
Michelle Dy  are transmitted through his death to another
Patrich Leccio
Editors-in-Chief or others
 either by his will, or by operation of law
PRINTING & DISTRIBUTION  a process of transmission of property,
Kae Guerrero rights, and obligations not extinguished by
death (Balane)
DESIGN & LAYOUT
Pat Hernandez
Viktor Fontanilla II. Opening of Succession (Art. 777, CC)
Rusell Aragones
Romualdo Menzon Jr.
Rania Joya  The rights to succession are transmitted
from the moment of the death of the
LECTURES COMMITTEE decedent.
Michelle Arias  However, a person may be “presumed”
Camille Maranan dead for the purpose of opening his
Angela Sandalo succession (Rules on presumptive death
Heads in Arts. 390-391, CC). In this case,
Katz Manzano Mary Rose Beley succession is only of provisional character
Sam Nuñez Krizel Malabanan because there is always a chance that the
Arianne Cerezo Marcrese Banaag
Volunteers absentee may still be alive.

MOCK BAR COMMITTEE

Lilibeth Perez III. Kinds of Succession (Art. 778, CC)

BAR CANDIDATES WELFARE  Testamentary (Art. 779, CC) - results from

Dahlia Salamat the designation of an heir made in a will
LOGISTICS  Legal or intestate (Art. 960, CC) - takes
Charisse Mendoza place by operation of law in the absence of a
valid will
SECRETARIAT COMMITTEE  If a person dies without a will or with a
Jill Hernandez void will or one which has subsequently
Head lost its validity;
Loraine Mendoza Faye Celso
 The suspensive condition attached to
Mary Mendoza Joie Bajo the institution of heir does not happen or
Members is not fulfilled or the heir dies before the
testator or repudiates the inheritance,
there being no substitution and no right
of accretion takes place
 When the heir instituted in incapable of
succeeding, except in cases provided in
this Code.
 Heir dies before the testator
CIVIL LAW REVIEWER Chapter I. CONCEPT OF SUCCESSION

 Testator repudiates the inheritance

 Mixed (Art. 780, CC) - effected partly by will

and partly by operation of law

60
IV. Heirs

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 Those who are called to the whole or to an
aliquot portion of the inheritance either by
will or by operation of law

 Compulsory Heirs – those who succeed by

force of law to some portion of the
inheritance, in an amount predetermined by
law known as the legitime, of which they
cannot be deprived by the testator, except
by a valid disinheritance. They succeed
regardless of a will.

 Voluntary or Testamentary Heirs – those

who are instituted by the testator in his will,
to succeed to the portion of the inheritance
of which the testator can freely dispose.
They succeed by reason of a will.

 Legal or Intestate Heirs – those who

succeed to the estate of the decedent who
dies without a valid will, or to the portion of
such estate not disposed of by will. They
succeed in the absence of a valid will,
although this is not the only ground for
intestacy, as can be seen in Chapter III.
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

disease, injury or other cause. (Art. 799,

Chapter II. Testamentary Succession CC)
 Soundness of mind is presumed (Art.
I. Concept of Testamentary Succession 800, CC)
II. Testamentary Capacity
III. Formalities of Wills
IV. Qualifications of Witnesses to a Notarial Will III. Formalities of Wills 61
V. Amending a Will

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VI. Institution of Heirs Kinds of Wills—
VII. Applicable Principles of Private International 1. Notarial will- Ordinary or attested will (Arts.
Law
804-808, CC)
VIII. Codicils and Incorporation by Reference
IX. Revocation of wills and Testamentary 2. Holographic will (Arts. 804 and 810, CC)
disposition
X. Allowance and Disallowance of wills
XI. Substitution of Heirs Common Requirements for Both Kinds of
XII. Legitimes Wills (Art. 804, CC) —
XIII. Preterition 1. Every will must be in writing; and
XIV. Reserva Troncal 2. Executed in the language known to the
XV. Disinheritance testator.
XVI. Legacies and Devices
_____________

I. Concept Specific Requirements for Notarial Wills—

(Asked in ’75, ’86, ’90, ’93, ’07 and ’08)
Governing Law on Validity with Respect to
the Time of Execution 1. In writing (Art. 804, CC)
Aspect of the Governing Law
Will 2. In the language known to the testator (Art.
804, CC)
Law in force at the time the will
Formal Validity
was executed (Art. 795, CC) 3. SUBSCRIPTION: Subscribed to, at the
end (Art. 805, CC) -
Law of decedent’s nationality at a. By the testator himself; or
Intrinsic
the time of his death (Art. 16 b. By the testator’s name written by a
Validity
and 2263, CC) representative in his presence and
under his express direction.

4. ATTESTATION: Attested and subscribed

II. Testamentary Capacity by 3 or more credible witnesses in the
presence of the testator and of one
another (Art. 805, CC).
 Requirements (SAP)
 Testator is of Sound mind at the time of GENERAL RULE EXCEPTION
execution (Art. 798, CC) The law presumes that If within one month
 Not under 18 years of Age (Art. 797, every person is of sound before making a will the
CC) mind testator is known to be
 Not expressly Prohibited by law to make insane, the burden of
a will (Art. 796, CC) proof that he had a lucid
interval is on the one
 Soundness of mind—Rules to remember: alleging the validity of
the will.
 It is sufficient that the testator – (NPC)
o Knew the Nature of the estate to
 Supervening incapacity will not
be disposed of; (N)
invalidate the will. Supervening capacity
o The Proper objects of his bounty;
will also not validate the will. (Art. 801,
(P)
CC)
o Character of the testamentary act
 The attestation clause shall state the ff:
(C) (Art. 799, CC)
 Number of pages;
 It is not necessary that the testator be in
 The fact that the testator or his
full possession of all his reasoning
representative under his express
faculties, or that his mind be wholly
direction signed the will and every
unbroken, unimpaired, or unshattered by
CIVIL LAW REVIEWER
page in the presence of instrumental
witnesses
 That the witnesses signed the will
and all its pages in the presence of
the testator and of one another.
 Test of Presence:
Jaboneta vs. Gustilo, (1906): Not
whether they actually saw each other
sign, but whether they might have seen
each other sign had they chosen to do
so considering their mental and physical
condition and position with relation to
each other at the moment of inscription
of each signature.
5. MARGINAL SIGNATURES: Testator or his
representative shall write his name, and the
witnesses shall sign each and every page
except the last page (Art. 805, CC)
 Exceptions:
 When the will consists of only one
page
 Abangan vs. Abangan, (1919):
When the will consists of only two
pages, the first of which contains all
dispositions and is signed at the
bottom by the testator and the
witnesses, and the second page
contains only the attestation clause
duly signed at the bottom by the
witnesses.
 In the case of Matias vs. Salud (1957),
the use of thumbprint was allowed.
 Icasiano vs. Icasiano, (1964): The
inadvertent failure of one witness to affix
his signature to one page of a
testament, due to the simultaneous
lifting of two pages in the course of
signing, is not per se sufficient to justify
denial of probate.
6. PAGE NUMBERINGS: Numbered
correlatively (Art. 805, CC), i.e., Page One
of Five pages
7. Acknowledged before a notary public by
the testator and the witnesses (Art. 806, CC)
 In the case of Cruz vs. Villasor (1973)
the court ruled that the Notary public
cannot be considered a third witness.
He cannot acknowledge before himself
his having signed the will. To allow such
would have the effect of having only two
attesting witnesses to the will which
Chapter II. TESTAMENTARY SUCCESSION
would be in contravention of Arts. 805
and 806.
_____________
Special Requirements for Notarial Wills—
1. Deaf Mute (Art. 807, CC) 62
a. Testator must personally read the will; or
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b. Testator shall personally designate two
persons to read the contents and
communicate it to him in some
practicable manner.
2. Blind (Art. 808, CC)
a. The will shall be read to the testator
twice - By one of the subscribing
witnesses and by the notary public
acknowledging the will.
b. In the case of Garcia vs. Vasquez
(1970), the court considered a testator
suffering from Glaucoma as legally
blind.
_____________
Requisites for a Holographic Will—
1. In writing (Art. 804, CC)
2. In a language known to the testator (Art.
804, CC)
3. Entirely written, dated and signed in the
hand of the testator himself (Art. 810, CC)
IV. Qualifications of Witnesses to a
Notarial Will
Qualifications (Art. 820, CC)—
1. Of sound mind
2. Aged 18 years or over
3. Not blind, deaf or dumb
4. Able to read and write
Disqualifications (Art. 821, CC)—
1. Person not domiciled in the Philippines
2. Those who have been convicted of
falsification, perjury, or false testimony.
Interested witness (Art. 823, CC)—
General Rule Exception
Devises or legacies in If there are three other
favor of a spouse, parent competent witnesses, the
or child who also attests device or legacy shall be
to the will as a witness valid and the interested
shall be void witness shall be treated
as a mere surplasage
 Creditors are not incompetent to be
witnesses (Art. 824, CC)
 Supervening incompetency shall not prevent
the allowance of the will (Art. 822, CC)
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

V. Qualifications of Witnesses to a 6. Only the free portion can be disposed of

Notarial Will by institution.

Notarial Will v. Holographic Will—  A voluntary heir who dies before the testator
Notarial Will Holographic WIll
or proves to be incapacitated transmits 63
nothing to his heirs (Art. 851, CC)

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NOTARIAL codicil ONLY Notarial Codicil; or
Holographic Codicil; or
Additional dispositions Three principles in institution of heirs—
below the signature, 1. Equality of heirs (Art. 846, CC)
dated and signed in the a. Heirs instituted without designation of
hand of the testator. shares shall inherit in equal parts
b. NOTE: This applies even to institution of
 Codicil (Art. 825, CC)- it is a supplement full and half-blood siblings.
or addition to a will, made AFTER the
execution and annexed to be taken as 2. Individuality of institution (Art. 847, CC)
part thereof, by which any disposition  Example: I designate A, B, and the
made in the original is explained, children of C. Unless otherwise stated, if
added to, or altered. C has two children, the estate will be
distributed in four equal parts.

Effect of insertion written by another person 3. Simultaneity of institution (Art. 849, CC)
on the validity of a holographic will)—  Example: I designate my brother A and
his children. A and his children will
When made Effect inherit at the same time, unless
After the execution, Insertion considered not otherwise expressly stated that they will
without consent of written. Validity cannot be inherit successively.
testator defeated by the malice or
caprice of a third person
Institution based on a false cause (Art. 850,
After execution, with Will is valid, insertion is
consent void.
CC)—
After execution, validated Insertion becomes part of GENERAL RULE EXCEPTION
by testator’s signature the will. Entire will False cause is If the testator would
becomes void because it considered not written not have made the
is not wholly written by and the institution will institution had he
the testator. take effect known the false cause,
Contemporaneous to the Will is void because it is the institution would
execution of the will not written entirely by the NOT take effect
testator
 Example: I designate A to half of the
estate ONLY because he is the husband
VI. Institution of Heirs of my daughter. Note that the reliance
(Asked in ’94, ’05, ’06, and ’08) on the false cause must be clear and
unmistakable.
Definition (Art. 841, CC) —
It is an act by virtue of which a testator
designates in his will the persons who VII. Applicable Principles of Private
are to succeed him. International Law
Requisites for a valid institution—
Governing Law As to Time of Execution of
1. Testator has capacity to make the
Will—
institution
2. The institution is made in a will
Aspect of the Will Governing Law
3. Institution is made personally by the Formal Validity Law in force at the time
testator and is not left to a third person the will was made
4. Persons instituted must be identified or Intrinsic Validity Law of decedent’s
identifiable nationality at the time of
5. There must be no preterition of compulsory his death (Art. 16, CC)
heirs
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

Governing Law as to Place of Execution of made in consideration of each other.

Will— Such is prohibited under Art. 819, CC.
Prohibition is applicable only to joint
Place of wills executed by Filipinos.
Testator Execution of Will Governing Law
Philippines Philippine Law (Art. 64
16, CC)
VIII. Codicils and Incorporation by

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Outside of the 1. Law of the country
Philippines in which it is executed Reference
Filipino (Art. 17, CC); or
2. Philippine Law (Art. Codicil (Arts. 825-826, CC)—
815, CC)
1. It is a supplement or addition to a will,
Alien Philippines 1. Philippine Law; or
2. Law of the country
2. made after the execution of a will,
of which testator is a 3. and annexed to be taken as a part of the
citizen or subject (Art. will,
817, CC) 4. by which any disposition made in the original
Outside of the 1. Law of the place will is explained, added to, or altered.
Philippines where the will is 5. in order that it may be effective, it shall be
executed (Art. 17, executed as in the case of a will.
CC); or
2. Law of the place Incorporation by Reference; Requisites (Art,
where the testator
827, CC)—
resides; or
3. Law of the 1. The document or paper referred to in the will
testator’s country; or must be in existence at the time of the
4. Philippine Law (Art. execution of the will.
816, CC) 2. The will must clearly describe and identify
the same, stating among other things the
Aspects of the Will Governed by the National number of pages thereof.
Law of the Decedent— 3. It must be identified by clear and
1. Order of succession; satisfactory proof as the document or paper
2. Amount of successional rights; referred to therein; and
3. Intrinsic validity of testamentary 4. It must be signed by the testator and the
provisions; and witnesses on each and every page,
4. Capacity to succeed. except in case of voluminous books of
account or inventories.
Joint Will—
1. A single testamentary instrument,
2. Which contains the wills of two or more IX. Revocation of Wills and
persons, Testamentary Dispositions
3. Jointly executed by them,
4. Either for their reciprocal benefit or for the
benefit of a third person. Modes of Revocation (Art. 830, CC)—
1. By implication of law; or
Mutual Wills— 2. By the execution of a will, codicil or other
1. Executed pursuant to an agreement writing executed as provided in the case of
between two or more persons, wills; or
2. Jointly executed by them, 3. By burning, tearing, canceling, or
3. Either for their reciprocal benefit or for the obliterating the will with the intention of
benefit of a third person. revoking it, by the testator himself, or by
some other person in his presence, and
Reciprocal Wills— by his express direction.
1. Testators name each other as beneficiaries
in their own wills, Note: The act contemplating revocation must be
2. under similar testamentary plans done at any time before the death of the
testator. The right of revocation cannot be
Note: A will that is both joint and mutual is one waived or restricted. (Art. 828, CC)
executed jointly by two or more persons,
the provisions of which are reciprocal and
which shows on its face the devises are
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

Law Governing Revocation (Art. 829, CC)— extrinsic validity of such wills may be
examined.
Place of Testator’s Governing
Revocation Domicile Law Exceptions:
Philippines, or Philippine Law a. Acain vs Diongson (1987): When the will
Philippines some other is intrinsically void, on its face such that 65
country to rule on its formal validity would be a

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Philippines Philippine Law futile exercise
1. Law of the b. Valera vs. Inserto, (1987): Claimants are
place where all heirs, and they consent, either,
the will was expressly or impliedly, to the submission
Foreign made; or of the question of intrinsic validity to the
Country 2. Law of the court.
Outside the place in which c. Pastor vs. CA, (1983): Probate court
Philippines the testator may pass upon the title thereto, but such
had his determination is provisional and not
domicile at the conclusive, and is subject to the final
time of decision in a separate action to resolve
revocation title.

Matters to be Proved in Probate—

Doctrine of Dependent Relative Revocation—
Molo vs. Molo, (1951): The rule that where
the act of destruction is connected with the
making of another will so as to fairly raise
the inference that the testator meant the
revocation of the old to depend upon the
efficacy of the new disposition intended to
be substituted, the revocation will be
conditional and dependent upon the
efficacy of the new disposition; and if for
any reason, the new will intended to be
made as a substitute is inoperative, the
revocation fails and the original will
remain in full force.
X. Allowance and Disallowance of Wills
Probate—
 It is a Special Proceeding required to
establish the validity of a will and in order to
pass real or personal property (Art. 838, CC)
 Mercado vs. Santos (1938): The probate of
a will by the probate court having jurisdiction
thereof is usually considered as conclusive
as to its due execution and validity, and is
also conclusive that the testator was of
sound and disposing mind at the time when
he executed the will, and was not acting
under duress, menace, fraud, or undue
influence, and that the will is genuine and
not a forgery.
 General Rule: In probate proceedings, the
probate court cannot inquire into the intrinsic
validity of testamentary provisions. Only the
1. Whether the instrument which is offered for
probate is the last will and testament of
the decedent
2. Whether the will has been executed in
accordance with the formalities
prescribed by law
3. Whether the testator had testamentary
capacity at the time of execution of the will
Grounds for Disallowance of Will (Art. 839,
CC; Rule 76, Sec 9) (SUM IFF)—
1. If the Signature of the testator was procured
by fraud;
2. If it was procured by Undue and improper
pressure and influence, on the part of the
beneficiary or some other person;
3. If the testator acted by Mistake or did not
intend that the instrument he signed should
be his will at the time affixing his signature
thereto;
4. If the testator was Insane or otherwise
mentally incapable of making a will at the
time of its execution;
5. If the Formalities required by law have not
been complied with; or
6. If it was executed through Force or under
duress, or the influence of fear, or threats.
Note: This list on the grounds for disallowance
of will is exclusive.
Revocation v. Disallowance—
Revocation Disallowance
Voluntary Act of the Given by Judicial Decree
Testator
With or Without Cause Must always be for a
legal cause
CIVIL LAW REVIEWER
May be partial or total Always total, except
when the ground of fraud
of influence for example
affects only certain
portions of the will
XI. Substitution of Heirs
Definition of Substitution (Art. 857, CC)—
1. It is the appointment of another heir,
2. So that he may enter into the inheritance in
default of the heir originally instituted.
Classes of Substitution—
1. Simple or Common: The testator may
designate one or more persons to substitute
the heir/s instituted in case the heirs should:
a. die before him (predecease),
b. should not wish to accept the
inheritance (repudiation), or
c. should be incapacitated to accept the
inheritance (incapacitated). (Art. 859,
CC)
2. Brief or Compendious (Art. 860, CC)
a. Brief – Two or more persons were
designated by the testator to substitute
for only one heir
b. Compendious – One person is
designated to take the place of two or
more heirs
3. Reciprocal
 If the heirs instituted in unequal shares
should be reciprocally substituted, the
substitute shall acquire the share of the
heir who dies, renounces, or is
incapacitated, unless it clearly appears
that the intention of the testator was
otherwise. If there is more than one
substitute, they shall have the same
share in the substitution as the
institution.
 Example (only 1 substitute): If two heirs
are reciprocally substituted, then if one
of them dies before the testator dies,
renounces, or turns out to be
incapacitated, the other will get his
share, regardless of whether or not their
shares are equal.
 Example (more than 1 substitute): A is
instituted to 1/3, B to 1/6, and C to ½. If
C dies before the testator, renounces or
turns out to be incapacitated, then the
other two will get his shares in the same
proportion as in the institution. A will get
twice as much as B (because his share
of 1/3 in the institution is twice the size
of B’s share of 1/6)
Chapter II. TESTAMENTARY SUCCESSION
4. Fideicommissary
 If the testator institutes an heir with an
obligation to preserve and to deliver to
another the property so inherited. The
heir instituted to such condition is called
the First Heir or the Fiduciary Heir; the 66
one to receive the property is the
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fideicommissary of the second heir. (Art.
863, CC)
Requisites of a Fideicommisary Substitution
(Arts. 863-865, CC)—
1. A Fiduciary or First Heir instituted is
entrusted with the obligation to preserve
and to transmit to a Fideicommissary
Substitute or Second Heir the whole or part
of the inheritance.
2. The substitution must not go beyond one
degree from the heir originally instituted.
3. The Fiduciary Heir and the
Fideicommissary are living at the time of
the death of the testator.
4. The fideicommissary substitution must be
expressly made.
5. The fideicommissary substitution is imposed
on the free portion of the estate and
never on the legitime
Note:
a. Palacios vs. Ramirez (1982): “Degree”
refers to degree of relationship.
b. PCIB vs. Escolin (1974): In the absence
of an obligation on the part of the first
heir to preserve the property for the
second heir, there is no fideicommissary
substitution.
Effects of predecease of the first
heir/fiduciary or the second
heir/fideicommisary—
 Legend:
 T – Testator
 FH – First Heir / Fiduciary
 SH – Second Heir / Fideicommissary
Substitute
 Situation 1: If the following is the sequence
of death of the three parties: FH – SH – T,
who will inherit? The legal heirs. There is
no fideicommissary substitution because FH
and SH are not living at the time of the
testator’s death. (Art 863, CC)
 Situation 2: T – SH – FH, who will inherit?
The SH and his heirs under Art. 866, CC.
This is because the SH passes his rights to
his own heirs when he dies before FH.
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

 Situation 3: FH – T – SH, who will inherit? Specific Rules on Legitimes—

No specific provision in law, but SH inherits
because the T intended him to inherit.
XII. Legitimes
1. Direct Descending Line
a. Rule of Preference between lines (Art
978 and 985, CC)
 Those in the direct descending line
shall exclude those in the direct 67
ascending and collateral lines; and

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 Those in the direct ascending line
Definition of Legitime (Art. 886, CC)—
shall, in turn, exclude those in the
1. It is that part of the testator’s property which
collateral line.
he cannot dispose of,
b. Rule of Proximity (Art 926, CC)
2. Because the law has reserved it for his
 The relative nearest in degree
compulsory heirs.
excludes the farther one
c. Right or representation ad infinitum in
Classes of Compulsory Heirs (Art. 887, CC)—
case of predecease, incapacity, or
1. Primary: Those who have precedence
disinheritance (Art 972 and 992, CC)
over and exclude other compulsory heirs:
 For decedents who are Legitimate
 Legitimate Children and Legitimate
Children, only the Legitimate
Descendants with respect to their
Descendants are entitled to right of
Legitimate Parents and Ascendants
representation.
2. Secondary: Those who succeed only in
 For decedents who are Illegitimate
the absence of the Primary compulsory
Children, both the Legitimate and
heirs:
the Illegitimate Descendants can
a. Legitimate Parents and Legitimate
represent, only with respect to the
Ascendants, with respect to their
decedent’s illegitimate parents.
Legitimate Children and Descendants.
d. If all the Legitimate Children
(They will inherit only in default of
repudiate their legitime, the next
legitimate children and their
generation of Legitimate Descendants
descendants)
may succeed in their own right.
b. Illegitimate Parents with respect to their
Illegitimate Children. (They will inherit
2. Direct Ascending Line
only in default of the illegitimate and
a. Rule of division between lines
legitimate children and their respective
 The father and the mother shall
descendants). Note that other
illegitimate ascendants are not included. inherit equally if both living. One
3. Concurring: Those who succeed together succeeds to the entire estate of the
with the primary or the secondary child if the other is dead. (Art. 986,
compulsory heirs: CC)
a. Widow or Widower / Surviving Spouse  In default of the mother and the
(Legitimate) father, the ascendants nearest in
b. Illegitimate Children and Illegitimate
degree will inherit. (Art. 987)
Descendants
 If there are more than one relative of
If the testator is a If the testator is an the same degree but of different
LEGITIMATE CHILD: ILLEGITIMATE CHILD: lines, one half will go to the paternal
1. LC and descendants 1. LC and descendants ascendants and the other half to the
2. In default of No. 1, LP 2. ILC and descendants
and ascendants maternal ascendants. (Art. 987)
3. SS 3. In default of Nos. 1-2. b. Rule of equal division
ILP only  The relatives who are in the same
4. IC and descendants 4. SS degree shall inherit in equal shares.
(Art 987)
Legend:
LC – Legitimate Children
ILC – Illegitimate Children
SS – Surviving Spouse
LP – Legitimate Parents
ILP – Illegitimate Parents
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

Summary of Legitimes of Compulsory Heirs—

(Asked in ’82, ’85, ’86, ’97, ’99, ’03, and ’05)
Surviving LC & SS ILC LP & ILP
Relatives Descendants Ascendants
1 LC alone ½ (divided by #
of children) 68
2 1 LC, SS ½ ¼

SUCCESSION
3 LC, SS ½ (divided by # Same as
of children) share of 1
LC
4 LC, ILC ½ ½ share of 1
LC
5 1 LC, SS, ILC ½ ¼ ½ share of 1
(preferred) LC
6 2 or more LC, SS, ½ (divided by # Same as ½ share of 1
ILC of children) share of 1 LC
LC
7 LP alone ½
8 LP, ILC ¼ ½
9 LP, SS ¼ ½
1/8
10 LP, SS, ILC ¼ ½
11 ILC alone ½ (divided
by # of
children)
1/3 1/3
12 ILC, SS (divided
by # of
children)
1/3
13 SS alone ½ or if
marriage in
articulo
mortis
14 ILP alone ½
15 ILP, SS ¼ ¼
1/3 1/3 1/3
16 Adopter, ILC, SS (adopter)

Steps in Determining the Legitime of Remedy of a Compulsory Heir in case of

Compulsory Heirs— Impairment of Legitime—
1. Determine the gross value of the estate at
the time of the death of the testator. Extent and Nature of Remedy
2. Determine all debts and charges which are Impairment
chargeable against the estate. Total omission of a Annulment of institution
3. Determine the net value of the estate by compulsory heir who is a and reduction of legacies
direct descendant or and devises (Art. 854, CC)
deducting all the debts and charges from the
ascendant (preterition)
gross value of the estate. Testamentary dispositions Reduction of the
4. Collate or add the value of all donations inter impairing or diminishing disposition insofar as they
vivos to the net value of the estate. the legitime may be inofficious or
5. Determine the amount of the legitime from excessive (Art. 907, CC)
the total thus found. Partial impairment Completion of the legitime
6. Impute the value of all donations inter vivos (Art. 906, CC)
made to strangers against the disposable Impairment by inofficious Collation – reduction of
free portion and restore it to the estate if the donations donations (Arts. 771 and
donation is inofficious. 911, CC)
7. Distribute the residue of the estate in
accordance with the will of the testator.
Note: Please see the Illustrative Integrative
Problems in Chapter VI for the application of
these steps.
CIVIL LAW REVIEWER
XIII. Preterition
(Asked in ’88, ’99, ’00, ’01 and ’08)
A. Concept of Preterition (Art. 854, CC)
1. There must be a total omission of one,
some or all of the heir/s in the will.
2. 2. The omission must be that of a
compulsory heir.
3. 3. The compulsory heir omitted must be of
the direct line.
4. The omitted compulsory heir must be living
at the time of the testator’s death or must
at least have been conceived before the
testator’s death.
B. Effects of Preterition (Art. 854, CC)
1. The institution of the heir is annulled.
2. Devises and legacies shall remain valid as
long as they are not inofficious.
3. If the omitted compulsory heir should die
before the testator, the institution shall be
effective, without prejudice to the right of
representation.
 Neri vs. Akutin (1941): When there are
no devises and legacies, preterition will
result in the annulment of the will and
give rise to intestate succession.
XIV. Reserva Troncal
(Asked in ’79, ’82, ’85, and ’87)
A. Concept of Reserva Troncal (Art. 891,
CC)
Situation—
1. A descendant (prepositus) inherits or
acquires property from an ascendant
(source) by gratiutious title or from a brother
or sister
2. The same property is inherited by another
ascendant (reservista) or is otherwise
acquired by him by operation of law from the
said descendant (prepositus)
Then an obligation arises—
The said ascendant (reservista) must
reserve the property for the benefit of the
relatives of the deceased descendant within
the third civil degree and who belong to the
line from which the said property came
(reservatorios).
___________
B. Requisites for Reserva Troncal
(Chua vs. CFI and Gonzales vs. CFI)
1. That the property was acquired by a
descendant (Prepositus) from an ascendant
Chapter II. TESTAMENTARY SUCCESSION
or from a brother or sister (Source) by
gratuitous title,
2. That the Prepositus died without an issue,
3. That the property is inherited by another
ascendant (Reservista) by operation of law,
and 69
rd
4. That there are relatives within the 3 degree
SUCCESSION
(Reservatarios) belonging to the line from
which said property came.
___________
C. Reserva Minima v. Reserva Maxima
Situation—
1. The prepositus acquired property
gratuitously from an ascendant or a brother
or sister
2. In his will, he institutes as his heir his
ascendant (who is also a compulsory heir)
such that the ascendant receives half of the
estate by operation of law as legitime and
the other half by testamentary disposition
Problem—
Will the property acquired gratuitiously by
the prepositus from the source be treated as
acquired by the ascendant-heir by operation
of law (legitime) and therefore reservable or
by testamentary disposition?
Two Views—
1. Reserva Maxima: The entire property will be
considered acquired as legitime and
therefore wholly reservable
2. Reserva Minima: One half is reservable, the
other half is not subject to reserva troncal
(Tolentino, p. 284)
___________
D. Extinguishment of the Reserva
(Tolentino, p. 300-305) (LDD-RRP)
1. Loss of the reservable property
2. Death of the reservista
3. Death of all the relatives within the third
degree belonging to the line from which the
property came
4. Renunciation by the reservatorios
5. Registration of the reservable property
under the Torrens system as free
6. Prescription, when the reservista holds the
property adversely against the reservatorios,
as free from reservation
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

XV. Disinheritance room for doubt as to who is intended to be

disinherited.
(Asked in ’82, ’84, ’99, ’00, and ’08)
2. It must be for a cause designated by law.
3. It must be made in a valid will.
A. Definition of Disinheritance (Art. 915, CC)
4. It must be made expressly, stating the cause
1. It is the act by which the testator
2. For just cause
in the will itself. 70
5. The cause must be certain and true, and
3. Deprives a compulsory heir of his right to the

SUCCESSION
must be proved by the interested heir if the
legitime.
person should deny it.
6. It must be unconditional.
B. Requisites of a Valid Disinheritance
7. It must be total.
1. Heir disinherited must be designated by
name or in such a manner as to leave no

_________________________________________________________________________________

C. Summary of Causes of Disinheritance

Grounds for Disinheritance 919 920 921 1032

1 Guilty or Convicted of Attempt Against the Life of the Testator, Spouse, * * * *
Ascendant or Descendant
2 Accused Testator or Decedent of Crime Punishable by Imprisonment of * * * *
6 years or more, and Found Groundless or False
3 Causes testator or decedent to Make a Will or Change one by Fraud, * * * *
Violence, Intimidation, or Undue Influence
4 Unjustified Refusal to Support Testator * * *
5 Convicted of Adultery or Concubinage with Spouse of Testator or * * *
Decedent
6 Maltreatment of testator by Word and Deed *
7 Leading a Dishonorable or Disgraceful Life *
8 Conviction of Crime which carries the penalty of Civil Interdiction *
9 Abandonment of Children or Inducing Children to Live Corrupt and * *
Immoral Life or Against Attempted Virtue
10 Loss of Parental Authority * *
11 Attempt by One Parent Against the Life of the Other UNLESS there is *
Reconciliation Between Parents
12 Spouse Has Given Cause for Legal Separation *
13 Failure to Report Violent Death of Decedent Within One Month UNLESS *
Authorities Have Already Taken Action
14 Force, Violence, Intimidation, or Undue Influence to Prevent Another *
from Making a Will or Revoking One Already Made or Who Supplants or
Alters the Latter’s Will
15 Falsifies or Forges Supposed Will of the Decedent *

 Art, 919, CC: Children and Descendants

 Art. 920, CC: Parents and Ascendants
 Art. 921, CC: Spouse
 Art. 1032, CC: Unworthiness

D. Modes of Revocation disinheritance, he thereby submits it to the

1. Reconciliation (Art 922, CC) rules on disinheritance. Thus,
2. Subsequent institution of the disinherited reconciliation renders the disinheritance
heir ineffective.
3. Nullity of the will which contains the
disinheritance.

Note: The moment that testator uses one of the

acts of unworthiness as a cause for
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

XVI. Legacies and Devises belonged to him

The thing bequeathed Effective
Legacy and Devise Distinguished— afterwards becomes his by
whatever title
LEGACY DEVISE
A gift of personal A gift of real property  Legacy or devise of thing already belonging 71
property given in a will given in a will to the legatee or devisee

SUCCESSION
It is bequeathed It is devised
STATUS OF EFFECT ON THE
Persons Charged With the Duty to Give PROPERTY GIVEN LEGACY/DEVISE
Legacies and Devises in a Will— BY LEGACY/DEVISE
1. Compulsory heir, provided, their legitimes The thing already Ineffective
are not impaired (Art. 925, CC) belongs to the legatee
2. Voluntary heir or devisee at the time
3. Legatee or devisee can be charged with of the execution of the
the duty of giving a sub-legacy or sub- will (Art. 932, CC)
devisee but only to the extent of the value of The thing is subject to Valid only as to the
the legacy or devise given him (Art. 925, an encumbrance or interest or
CC) interest of another encumbrance
4. The estate represented by the executor person (Art. 932, CC)
or administrator, if no one is charged with Legatee or devisee Ineffective
this duty to pay or deliver the legacy or subsequently alienates
devise in the will the thing (Art. 933,CC)
a. If there is an administration proceeding, After alienating the Ineffective
it constitutes a charge upon the estate. thing, the legatee or
b. If there is no administration proceeding, devisee subsequently
it is a charge upon the heirs. reacquires it
gratuitously (Art. 933,
CC)
Validity and Effect of Legacy or Devise— After alienating the Legatee or devisee
 Legacy or devise of a thing belonging to thing, the legatee or can demand
another (Art. 930, CC) devisee acquires it by reimbursement from
onerous title (Art. 933, the heir or estate
STATUS OF PROPERTY EFFECT ON CC)
GIVEN BY THE LEGACY/
LEGACY/DEVISE DEVISE
Testator erroneously Void
believed that the property
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

Different Objects of Legacies and Devises (Art. 934-944,CC)—

1. Legacy of a thing pledged or mortgaged to secure a debt (Art 934, CC)
2. Legacy of credit, or remission or release of a debt (Art 935 CC)
3. Legacy to the debtor of thing pledged by him (Art 936, CC)
4. Legacy or devise to a creditor if the testator orders the payment of a debt (Art 939, CC)
5. Alternative legacies and devises (Art 940, CC) 72
6. Legacy of generic personal property or indeterminate real property (Art 941, CC)

SUCCESSION
7. Legacy of education (Art 944, CC)
8. Legacy of support (Art 944, CC)

OBJECTS OF LEGACY OR EFFECT

DEVISE
Thing pledged or mortgaged to
secure a debt
Credit or remission or release of a
debt
Thing pledged by debtor
To a creditor
Order of payment of a debt
Alternative legacies and devises
Legacy of generic personal property
or indeterminate real property
Legacy of education
Legacy of support
 Estate is obliged to pay the debt
 Other charges pass to the legatee or devisee
 Effective only as regards the credit or debt existing at the
time of the testator’s death
 Legacy lapses if the testator later brings action against the
debtor
 If generic, comprises all credits/debts existing at time of
execution of will
 Only the pledge is extinguished; the debt remains
 Shall not be applied to his credit unless the testator so
declares
 If testator does not really owe the debt, the disposition is
void
 If the order is to pay more that the debt, the excess is not
due
 This is without prejudice to the payment of natural
obligations
 The choice is with the heir, or the executor or administrator
 If the heir, legatee or devisee dies the right passes to their
heirs
 Once made, the choice is irrevocable
 Legacy is valid even if there are no things of the same kind
in the estate
 Devise of indeterminate real property valid only if there are
immovable property of the same kind in the estate
 The choice belongs to the heir, legatee or devisee or the
executor or administrator
 Lasts until the legatee is of age or beyond the age of
majority in order that he may finish some professional,
vocational or general course provided he pursues his
course diligently
 If testator did not fix the amount it is fixed in accordance
with the social standing and circumstances of the legatee
and the value of the estate
 Lasts during lifetime of legatee
 If the testator used to give the legatee a sum of money for
support, give the same amount unless it is markedly
disproportionate to the estate
 If testator did not fix the amount it is fixed in accordance
with the social standing and circumstances of the legatee
and the value of the estate
CIVIL LAW REVIEWER Chapter II. TESTAMENTARY SUCCESSION

Order of Payment In Case the Estate Is Not Sufficient to Cover All the Legacies and Devises—

ART. 911 ART. 950

Order of Preference Order of Preference
(LIPO) (RPSESO)
 Legitime of compulsory heirs  Remuneratory legacy/devise 73
 Donations Inter vivos  Preferential legacy/devise

 Preferential legacies or devises
 All Other legacies or devises pro rata
Application:
 When the reduction is necessary to
preserve the legitime of compulsory
heirs from impairment whether there are
donations inter vivos or not; or
 When, although, the legitime has been
preserved by the testator himself there are
donations inter vivos.
SUCCESSION
 Legacy for Support
 Legacy for Education
 Legacy/devise of Specific, determinate thing
which forms a part of the estate
 All Others pro rata
Application:
 When there are no compulsory heirs and the
entire estate is distributed by the testator as
legacies or devises; or
 When there are compulsory heirs but their
legitime has already been provided for by the
testator and there are no donations inter
vivos.

NOTE: NOTE:
Art. 911, CC governs when there is a conflict Art. 950, CC governs when the question of
between compulsory heirs and the devisees reduction is exclusively among legatees and
and legatees. devisees themselves.

How Legacy or Devise Delivered (Art. 951,

CC)—
1. The very thing bequeathed shall be
delivered and not its value
2. With all its accessions and accessories
3. In the condition in which it may be upon
the death of the testator
4. Legacies of money must be paid in cash

Ground for Revocation of Legacies and

Devises (Art. 957, CC) (TALO)—
1. Testator Transforms the thing such that it
does not retain its original form or
denomination
2. Testator Alienates the thing by any title or
for any cause. Reacquisition of the thing by
the testator does not make the legacy or
devise valid, unless it is effected by right
of repurchase.
3. Thing is totally Lost during the lifetime or
after the death of the testator
4. Other causes: nullity of will, non-compliance
with suspensive condition, sale of the thing
to pay the debts of the deceased during the
settlement of his estate.
CIVIL LAW REVIEWER
Chapter III. Intestate Succession
I. Causes for Legal or Intestate Succession
II. The Intestate or Legal Heirs
III. Fundamental Underlying Principles in Legal
or Intestate Succession
IV. Relationship
V. The right of Representation
VI. Order of Legal or Intestate Succession
VII. Concurrence in Legal or Intestate Succession
VIII. Outline of Intestate Shares
IX. Order of Concurrence in the case of an
Adopted Child
The Civil Code does not state a definition of
legal or intestate succession. Art. 960 only
enumerates the instances when legal
succession takes place. This enumeration is not
exclusive, as there are other instances where
intestacy may occur, as listed below.
I. Causes for Legal or Intestate
Succession
1. If a person dies without a will (Art 960[1])
2. If a person dies with a void will (Art 960[1])
3. If a person dies with a will which has
subsequently lost its validity (Art 960[1])
4. When the will does not institute an heir (Art
960[2])
5. When the will does not dispose of all the
property belonging to the testator. Legal
succession shall take place only with
respect to the property which the testator
has not disposed (Art 960[2])
6. If the suspensive condition attached to the
institution of the heir does not happen or is
not fulfilled (Art 960[3])
7. If the heir dies before the testator (Art
960[3])
8. If the heir repudiates the inheritance, there
being no substitution, and no right of
accretion takes place (Art 960[3])
9. When the heir instituted is incapable of
succeeding, except in cases provided in
the Civil Code (Art 960[4])
10. Preterition – Intestacy may be total or partial
depending on whether or not there are
legacies or devises (Balane, p.426)
11. Upon the expiration of a resolutory term
attached to the institution of heir (Balane,
p.426)
12. Upon fulfillment if a resolutory condition
attached to the institution of heir, rendering
the will ineffective (Balane, p.426)
Chapter III. INTESTATE SUCCESSION
Note: In all cases where there has been an
institution of heirs, follow the I.S.R.A.I order:
a. If the Institution fails, Substitution
occurs.
b. If there is no substitute, the right of
Representation applies in the direct 74
descending line to the legitime if the
SUCCESSION
vacancy is caused by predecease,
incapacity, or disinheritance.
c. The right of Accretion applies to the
free portion when the requisites in Art.
1016 are present.
d. If there is no substitute, and the right of
Representation or Accretion are not
proper, the rules on Intestate
succession shall apply.
II. The Intestate or Legal Heirs
1. Relatives
a. Legitimate ascendants
b. Illegitimate parents
c. Legitimate children
d. Illegitimate children
e. Surviving Spouse
f. Brothers, sisters, nephews and nieces
(BSNN)
g. Other collateral relatives
2. Surviving spouse
3. State (through escheat proceedings)
III. Fundamental Underlying Principles in
Legal or Intestate Succession
Rule of Preference between Lines—
1. Those in the direct descending line shall
exclude those in the direct ascending and
collateral lines;
2. Those in the direct ascending line shall, in
turn, exclude those in the collateral line.
Rule of Proximity—
The relative nearest in degree excludes the
farther one. (Art. 962, par.1 CC), saving the right
of representation when it properly takes place.
Rule of Equal Division—
1. The relatives who are in the same degree
shall inherit in equal shares. (Arts. 962
par.2, 987 and 1006, CC)
2. Exceptions: (Balane pp.427-428)
a. the rule of preference of lines
b. the distinction between legitimate and
illegitimate filiation (the ratio under
present law is 2:1) (Art 983, in relation to
Article 895 as amended by Article 176
FC)
CIVIL LAW REVIEWER
c. the rule of division by line in the
ascending line Article 987 par.2)
d. the distinction between full-blood and
half-blood relationship among brothers
and sisters, as well as nephews and
nieces. (Art 1006 and 1008)
e. representation
Rule of Barrier between the legitimate family
and the illegitimate family (the iron-curtain
rule)—
The illegitimate family cannot inherit by intestate
succession from the legitimate family and vice-
versa. (Art. 992, CC)
Rule of Double Share for full blood
collaterals—
When full and half-blood brothers or sisters,
nephews or nieces, survive, the full blood shall
take a portion in the inheritance double that of
the half-blood. (Arts. 895 and 983, CC)
Note:
1. If one of the legitimate ascendants,
illegitimate parents, legitimate children or
illegitimate children survives, the brother,
sisters, nephews, and nieces (BSNN) are
excluded
2. If one of the legitimate ascendants,
illegitimate parents, legitimate children,
illegitimate children or surviving spouse
survives, the other collateral relatives and
the state are excluded.
3. If any of the heirs concur in legitimes, then
they also concur in intestacy.
IV. Relationship (Arts. 963-969, CC)
 Number of generations determines
proximity. (Art 963)
 Each generation forms a degree. (Art 963)
 A series of degrees forms a line. (Art 964
par.1)
 A line may either be direct or collateral. (Art
964 par.1)
 A direct line is that constituted by the series
of degrees among ascendants and
descendants (ascending and descending).
(Art 964 par.2)
 A collateral line is that constituted by the
series of degrees among persons who are
not ascendants or descendants, but who
come from a common ancestor. (Art 964
par.3)
 Full blood – same father and mother. (Art
967 par.1)
 Half-blood – only one of either parent is the
same. (Art 967 par.2)
Chapter III. INTESTATE SUCCESSION
 In adoption, the legal filiation is personal and
exists only between the adopter and the
adopted. The adopted is deemed a
legitimate child of the adopter, but still
remains as an intestate heir of his natural
parents and other blood relatives. (Art. 189, 75
FC)
SUCCESSION
V. The Right of Representation (Art. 970,
CC)
(Asked in ’77, ’82, ’85, ’88, ’92, ’97, and ’07)
 It is a right created by fiction of law;
 By virtue of which the representative is
raised to the place and degree of the person
represented;
 And acquires the rights which the latter
would have if he were living or if he would
have inherited.
Important Concepts—
 Representation is only allowed with respect
to inheritance conferred by law (i.e., as to
legitimes and intestate shares [ Art 923,
CC]), in cases of incapacity,
disinheritance, and predecease of an
heir.
 There is no representation in voluntary
succession (by will). (Art 856, CC)
 There is also no representation in
repudiation. Note, however that a
renouncer can represent, but cannot be
represented.
 Representation takes place ad infinitum in
the direct descending line but never in the
direct ascending line. ( Art 972, CC)
 In the collateral line, representation takes
place only in favor of the children of the
brothers or sisters (i.e., nephews and
nieces) whether of the full or half-blood (Art.
972, CC) and only if they concur with at
least one uncle or aunt. In this case, they
share in the inheritance per stirpes. If the
children survive alone, they inherit in their
own right and share in equal proportions or
per capita. (Art. 975)
 Inheritance per stirpes means that the
representative/s shall not inherit more than
what the person they represent would
inherit, if he were living or could inherit.
(Art.975, CC)
CIVIL LAW REVIEWER Chapter III. INTESTATE SUCCESSION

 The representative is called to the
succession by the law and not by the person
represented. The representative does not
succeed the person represented but the one
whom the person represented would have
succeeded. (Art. 971, CC)
must be a legal heir of both the person he is
representing and the decedent.
 Thus, illegitimate children can represent
illegitimate children parents in inheritance
from illegitimate grandparents. (*Rationale: 76
Iron-curtain rule under Art. 992, CC)

 General Rule—
Grandchildren inherit from
grandparents by right
representation, if proper.
Exception—
Whenever all the children repudiate,
the grandchildren inherit in their own
right because representation is not
proper. (Art 969, CC)
 Right of representation in the collateral line
is only possible in INTESTATE succession.
It cannot take place in testamentary
succession.
 In determining whether or not representation
is proper, apply the DOUBLE HEIRSHIP
TEST (Art. 973, CC): the representative
SUCCESSION
the  On the other hand, a legitimate child may
of represent either a legitimate or illegitimate
parent in the inheritance of either a
legitimate or illegitimate grandparents. (Arts.
902, 989,990)
 Representation in Adoption (Asked in ’94,
’04, and ’07)—
If the adopting parent should die before
the adopted child, the later cannot
represent the former in the inheritance
of the parents or ascendants of the
adopter. The adopted child is not related
to the deceased in that case, because
filiation created by fiction of law is
exclusively between the adopter and the
adopted. (TOLENTINO pp. 448-449)

VI. Order of Legal or Intestate Succession

(Asked in ’77, ’78, ’97, ’98, ’99, ’00, ’06, and ’08)

Decedent is a Legitimate Child Decedent is an Illegitimate Child Decedent is an Adopted Child

1 LC and LC and LC and

Legitimate descendants Legitimate descendants Legitimate descendants
2 LP and ILC and ILC and Illegitimate descendants
Legitimate ascendants Illegitimate descendants
3 ILC and ILP LP or ILP and
Illegitimate descendants Legitimate ascendants,
Adoptive parents
4 SS SS SS
5 Legitimate siblings, Illegitimate siblings, Siblings,
Nephews, Nephews, Nephews,
Nieces Nieces Nieces
6 Legitimate collateral relatives within State State
th
the 5 degree
7 State
CIVIL LAW REVIEWER Chapter III. INTESTATE SUCCESSION

VII. Concurrence in Legal or Intestate Succession

INTESTATE HEIRS Excludes Excluded By Concurs With

LC and Ascendants, No one SS and
Legitimate descendants Collaterals and ILC
State 77
ILC ILP, No one SS

SUCCESSION
and Descendants Collaterals and LC and
State LP
LP and Collaterals and LC ILC and
Legitimate ascendants State SS
ILP Collaterals and LC and ILC SS
State
SS Collaterals other than No one LC, ILC, LP, ILP
siblings, nephews and nieces Siblings
Nephews
Nieces
Siblings, All other collaterals and LC, ILC, LP, ILP SS
Nephews State
Nieces
th
Other collaterals within 5 Collateral more remote in LC, ILC, LP, ILP and Collaterals in the same
degree degree and SS degree
State
State No one Everyone No one

VIII. Outline of Intestate Shares 5. Legitimate parents only

Divide the entire estate equally. (Art. 985,
(Asked in ’76, ’79, ’92, ’03, ’04, ’06, and ’08)
CC)
1. Legitimate children only
6. Legitimate ascendants only (excluding
a. Divide entire estate equally among all
parents)
legitimate children (Art. 979, CC)
Divide the entire estate equally but with the
b. Legitimate children include an adopted
observance of the rule of division by line
child.
(Art. 987, CC)
2. Legitimate children and Illegitimate
children
7. Legitimate parents and illegitimate
Divide entire estate such that each
children
illegitimate child gets ½ of what a legitimate
Legitimate parents get ½ of the estate,
child gets (Art. 983, CC and Art. 176, FC)
illegitimate children get the other ½ (Art.
991,CC)
3. Legitimate children and surviving spouse
a. Divide entire estate equally between the
8. Legitimate parents and surviving spouse
legitimate children and the surviving
Legitimate parents get ½ of the estate; The
spouse, the latter deemed as one child.
surviving spouse gets the other ½ (Art.
The same rule holds where there is only
997,CC)
one child.
b. “Children” as used in Art. 996 is
9. Legitimate parents, surviving spouse and
interpreted to include a situation where
illegitimate children
there is only one child.
Legitimate parents get ½ of the estate;
surviving spouse and the illegitimate child
4. Legitimate children. Surviving spouse,
each get ¼ each, the latter to share among
and Illegitimate children
themselves if more than one. (Art. 1000,
Divide the entire estate such that the
CC)
surviving spouse is deemed one legitimate
child and each illegitimate child getting ½ of
10. Illegitimate children only
what the legitimate child gets (Art. 996, CC
Divide the entire estate equally. (Art. 988,
and Art. 176, FC)
CC)
CIVIL LAW REVIEWER Chapter III. INTESTATE SUCCESSION

11. Illegitimate children and surviving Divide the entire estate per capita, observing
spouse the 2 is to 1 ratio. (Arts. 975 and 1008, CC)
Illegitimate children get ½ of the estate; the
surviving spouse gets the other ½. (Art. 998, 21. Other collaterals (Arts. 1009 and 1010)
CC) a. Divide entire estate per capita.
b. Collateral relatives must be with the 5
th
78
12. Surviving spouse only degree of consanguinity.

SUCCESSION
Entire estate goes to the surviving spouse. c. Note: the nearer relative excludes the
(Art. 994/995, CC) more remote relatives.

13. Surviving spouse and illegitimate parents 22. State

Illegitimate parents get ½ and the spouse If there are no other intestate heirs, the
gets the other ½ (by analogy with Art. 997, State inherits the entire estate through
CC) escheat proceedings. (Art. 1011, CC)

14. Surviving spouse and legitimate brothers

and sisters, nephews and nieces IX. Order of Concurrence in the Case of
Surviving spouse gets ½ of the estate, while an Adopted Child (Art, 190, FC)
the rest gets the other ½ with the nephews
and nieces inheriting by representation if (Asked in ’79, ’86, ’04 and ’07)
proper. (Art. 1001, CC)
SURVIVORS SHARE
15. Surviving spouse and illegitimate
LC, ILC, SS As in the case of ordinary
brothers and sisters, nephews and intestate succession
nieces LP or ascendants or ILP ½
Surviving spouse gets ½ of the estate while Adopter ½
the rest gets the other ½ with the nephews LP or ascendants or ILP ½
and nieces inheriting by representation, if or Adopter
proper; Note that all the other relatives SS ½
should be “illegitimate” because of the iron- LP or ascendants ½
curtain rule. (Art. 994,CC) Adopter
ILC or descendants ½
16. Illegitimate parents only LP or ascendants 1/3
Adopter
Entire estate goes to the illegitimate parents.
SS 1/3
(Art 993, CC) ILC or descendants 1/3
Adopter alone Entire estate
17. Illegitimate parents and children of any Collateral blood relatives As in the case of ordinary
kind (whether legitimate or illegitimate intestate succession
child)
Illegitimate parents are excluded and do not
inherit; For the rule on the respective shares
of the children, see numbers 1, 2 or 10,
whichever is applicable.

18. Legitimate brothers and sisters only

Divide the entire estate such that full-blood
brothers/sisters gets a share double the
amount of a half-blood brother or sister. (Art.
1004 and 1006, CC)

19. Legitimate brothers and sisters, nephews

and nieces
Divide the entire estate observing the 2 is to
1 ratio for full and half blood relationships
with respect to the brothers and sisters, with
the nephews and nieces inheriting by
representation, if proper. (Art. 1005 & 1008,
CC)

20. Nephews and nieces only

CIVIL LAW REVIEWER Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

 There can only be accretion if there is an

Chapter IV. Provisions Common to institution of heirs with respect to specific
Testamentary and Intestate Succession properties. (Art 1016, CC)

I. Accretion  Among compulsory heirs, there can only be

II. Capacity to Succeed accretion with respect to the free portion. 79
III. Acceptance or Repudiation of Inheritance There can be no accretion with respect to

SUCCESSION
IV. Collation
the legitimes. (Arts. 1021 and 1018, CC)

 The heirs to whom the portion goes by the

I. Accretion
A. Definition of Accretion (Art. 1015, CC)
It is a right by virtue of which, when two or more
persons are called to the same inheritance,
devise or legacy, the part assigned to one who
renounces or cannot receive his share or who
died before the testator is added or incorporated
to that of his co-heirs, co-devisees, or co-
legatees.
 Accretion happens when there is
repudiation, incapacity, or predecease of
an heir.
 It is the mechanism where the share of an
heir is increased by vacant shares vacated
by heirs who cannot inherit for various
reasons. (RATIONALE: the decedent
intended to give the property to nobody but
the co-heirs.)
right of accretion take it in the same
proportion that they inherit. (Art. 1019, CC)
 The heirs to whom the inheritance accrues
shall succeed to all the rights and
obligations which the heir who renounced or
could not receive it would have had. (Art.
1020, CC)
 In testamentary succession, when the right
of accretion does not take place, the vacant
portion of the instituted heirs, if no substitute
has been designated, shall pass to the legal
heirs of the testator, who shall receive it with
the same charges and obligations. (Art
1022, CC)
 Accretion shall also take place among
devisees, legatees and usufructuaries under
the same conditions established for heirs.
(Art 1023, CC)

____________________________________________________________________________________

Effect of Predecease, Incapacity, Disinheritance or Repudiation in Testamentary and Intestate

Succession—

CAUSE OF VACANCY TESTAMENTARY SUCCESSION INTESTATE

LEGITIME FREE PORTION SUCCESSION
Predecease Representa-tion Accretion Representation
Intestate Succession Intestate Succession Intestate
Succession
Incapacity Representa-tion Accretion Representation
Intestate Succession Intestate Succession Intestate
Succession
Disinheritance Representa-tion - -
Intestate Succession
Repudiation Intestate Succession Accretion Accretion
CIVIL LAW REVIEWER Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

II. Capacity to Succeed  BASED ON ACTS OF UNWORTHINESS

(Art. 1032, CC) –
The following are incapable of succeeding
A. Requisites for Capacity to Succeed by
by reason of unworthiness:
Will or by Intestacy (Art. 1024 – 1025,
a. Parents who have abandoned their
CC)
 The heir, legatee or devisee must be living
children or induced their daughters to 80
lead a corrupt or immoral life, or
or in existence at the moment the

SUCCESSION
attempted against their virtue;
succession opens; (Art 1025) and
b. Any person who has been convicted of
 He must not be incapacitated or disqualified
an attempt against the life of the
by law to succeed. (Art 1024, par.1)
testator, his or her spouse,
descendants, or ascendants;
B. Who Are Incapable of Succeeding
c. Any person who has accused the
testator of a crime for which the law
 BASED ON UNDUE INFLUENCE OR
prescribes imprisonment for six years or
INTEREST (Art. 1027, CC) – PIGRAP
more, if the accusation has been found
 Priest who heard the last confession of
groundless;
the testator during his last illness, or the
d. Any heir of full age who, having
minister of the gospel who extended
knowledge of the violent death of the
spiritual aid to him during the same
testator, should fail to report it to an
period;
officer of the law within a month, unless
 Individuals, associations and
the authorities have already taken
corporations not permitted by law to
action; this prohibition shall not apply to
inherit;
cases wherein, according to law, there is
 Guardian with respect to testamentary
no obligation to make an accusation;
dispositions given by a ward in his favor
e. Any person convicted of adultery or
before the final accounts of the
concubinage with the spouse of the
guardianship have been approved, even
testator;
if the testator should die after the
f. Any person who by fraud, violence,
approval thereof; except if the guardian
intimidation, or undue influence should
is his ascendant, descendant, brother,
cause the testator to make a will or to
sister, or spouse;
change one already made;
 Relatives of the priest or minister of the
g. Any person who by the same means
gospel within the fourth degree, the
prevents another from making a will, or
church, order, chapter, community,
from revoking one already made, or who
organization, or institution to which such
supplants, conceals, or alters the latter's
priest or minister may belong;
will;
 Attesting witness to the execution of a
h. Any person who falsifies or forges a
will, the spouse, parents, or children, or
supposed will of the decedent.
any one claiming under such witness,
spouse, parents, or children;
C. Pardon of Acts of Unworthiness
 Physician, surgeon, nurse, health officer
or druggist who took care of the testator
EXPRESS IMPLIED
during his last illness. Made by the execution of Effected when the
a document or any testator makes a will
 BASED ON MORALITY OR PUBLIC writing in which the instituting the unworthy
POLICY (Arts. 739 and 1028, CC) decedent condones the heir with knowledge of
 Those made in favor of a person with cause of incapacity the cause of incapacity
whom the testator was guilty of adultery Cannot be revoked Revoked when the
or concubinage at the time of the testator revokes the will
making of the will. or the institution
 Those made in consideration of a crime
of which both the testator and the
beneficiary have been found guilty.
 Those made in favor of a public officer
or his spouse, descendants and
ascendants, by reason of his public
office.
CIVIL LAW REVIEWER Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION
III. Acceptance and Repudiation of
Inheritance
Characteristics (VIR) (Arts. 1041 – 1042, 1056,
CC)—
1. Voluntary and free (Art 1041, CC)
2. Irrevocable except if there is vitiation of
consent or an unknown will appears (Art
1056, CC)
3. Retroactive (Art 1042, CC)
Requisites (Art. 1043, CC)—
1. Certainty of death of the decedent
2. Certainty of the right to the inheritance
Acceptance vs. Repudiation—
1. Acceptance involves the confirmation of
transmission of successional rights, while
repudiation renders such transmission
ineffective.
2. Repudiation is equivalent to an act of
disposition and alienation.
3. The publicity required for repudiation is
necessary for the protection of other heirs
and also of creditors.
Forms of Acceptance (Arts. 1049 – 1050,
CC)—
1. Express Acceptance – one made in a
public or private document. (Art. 1049 par.
1)
2. Tacit Acceptance – one resulting from acts
by which the intention to accept is
necessarily implied or from acts which one
would have no right to do except in the
capacity of an heir.
Examples: (Art. 1050, CC)
a. when the heir sells, donates or assigns
his right
b. when the heir demands partition of the
inheritance
c. when the heir alienates some objects of
the inheritance, etc.
3. Implied acceptance - Within thirty days
after the court has issued an order for the
distribution of the estate in accordance with
the Rules of Court, the heirs, devisees and
legatees shall signify to the court having
jurisdiction whether they accept or repudiate
the inheritance; if they do not do so within
that time, they are deemed to have accepted
the inheritance. (Art 1057, CC)
Forms of Repudiation (Art. 1051, CC)—
1. in a public instrument acknowledged before
a notary public; or
2. in an authentic document – equivalent of an
indubitable writing or a writing whose
authenticity is admitted or proved; or
3. by petition presented to the court having
jurisdiction over the testamentary or
intestate proceeding 81
SUCCESSION
Heirs in Two Capacities (Art. 1055, CC)—
1. If a person is called to the same inheritance
as an heir by will and by law and he
repudiates the inheritance in his capacity as
a testamentary heir, he will be considered to
have also repudiated the inheritance as a
legal heir.
2. If he repudiates it as a legal heir, without his
being a testamentary heir, he may still
accept it in the latter capacity.
IV. Collation (Arts. 1061-1077, CC)
(Asked in ’77, ’78, ’79, and ’93)
A. Concept of Collation
 To collate is to bring back or to return to the
hereditary mass in fact or by fiction property
which came from the estate of the decedent,
during his lifetime by donation or other
gratuitous title but which the law considers
as an advance from the inheritance. (Art
1061, CC)
 It is the act by virtue of which, the
compulsory heir who concurs with other
compulsory heirs in the inheritance bring
back to the common hereditary mass the
property which they may have received from
the testator so that a division may be
effected according to law and the will of the
testator.
 In reducing inofficious donations, the last to
be donated should be the first to be
reduced.
 RATIONALE FOR COLLATION: If
donations inter vivos will not be collated,
then the rule on legitimes shall be
circumvented or disregarded.
B. Operations Related to Collation
 Collation – adding to the mass of the
hereditary estate the value of the donation
or gratuitous disposition.
 Imputing or Charging – crediting the
donation as an advance on the legitime (if
the donee is a compulsory heir) or on the
free portion (if the donee is a stranger).
(BALANE p 522)
 Reduction – determining to what extent the
donation will remain and to what extent it is
excessive or inofficious.
CIVIL LAW REVIEWER Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

 Restitution – returning or the act of  Expenses incurred by parents in giving

payment of the excess to the mass of their children professional, vocational or
hereditary estate. other career unless the parents so
provide, or unless they impair the
C. Persons Obliged to Collate legitime. (Art. 1067, CC)
 GENERAL RULE: Compulsory heirs  Wedding gifts by parents and 82
EXCEPTIONS: ascendants, consisting jewelry, clothing

 when the testator should have so
expressly provided (Art. 1062, CC)
 when the compulsory heir should have
repudiated his inheritance (Art 1062,
CC)
 Grandchildren who survive with their uncles,
aunts, or first cousins and inherit by right of
representation (Art 1064, CC)
*Note: Grandchildren may inherit from their
grandparent in their own right, i.e., as heirs
next in degree, and not by right of
representation if their parent repudiates the
inheritance of the grandparent, as no living
person can be represented except in cases
of disinheritance and incapacity. In this
case, the grandchildren are not obliged to
bring to collation what their parent has
received gratuitously from their grandparent.
SUCCESSION
and outfit, except when they exceed
1/10 of the sum disposable by will. (Art.
1070, CC)
 Neither shall donations to the spouse of
the child be brought to collation; but if
they have been given by the parent to
the spouses jointly, the child shall be
obliged to bring to collation one-half of
the thing donated. (Art. 1066, CC)
Note: Parents are not obliged to bring to
collation in the inheritance of their
ascendants any property which may have
been donated by the latter to their children.
(Art 1065, CC)

D. What to Collate
 Any property or right received by gratuitous
title during the testator’s lifetime (Art 1061,
CC)
 All that they may have received from the
decedent during his lifetime. (Art 1061, CC)
 Expenses incurred by the parents in giving
their children a professional, vocational or
other career shall not be brought to collation
unless the parents so provide, or unless
they impair the legitime; but when their
collation is required, the sum which the child
would have spent if he had lived in the
house and company of his parents shall be
deducted therefrom. (Art 1068, CC)
 Any sums paid by a parent in satisfaction of
the debts of his children, election expenses,
fines, and similar expenses shall be brought
to collation. (Art 1069, CC)

E. Properties Not Subject to Collation

 Absolutely no collation
Expenses for support, education (only
elementary and secondary), medical
attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or
customary gifts. (Art. 1067, CC)

 Generally not imputable to legitime/

cannot be collected, subject to
exceptions
CIVIL LAW REVIEWER Chapter V. PARTITION and DISTRIBUTION of ESTATE

Chapter V. Partition and Distribution of 2. The decedent’s heirs (Art.1083, CC)

Estate 3. A competent court (Art. 1083,CC)
4. A third person not an heir designated by the
I. The Concept of Partition decedent (Art.1081, CC)
II. The Effect of Partition
III. Nullification of Partition Who Can Demand Partition— 83
IV. Important Periods in Partition 1. Compulsory heir

SUCCESSION
2. Voluntary heir upon fulfillment of condition if
any (Art 1084, CC)
I. Concept of Partition 3. Legatee or devisee
4. Any person who has acquired interest in the
estate
 Separate, Divide, Assign. Partition is the
separation, division and assignment of a
When Partition Cannot Be Demanded—
thing held in common among those to whom
1. When expressly Prohibited by the testator
it may belong. The thing itself or its value
for a period not exceeding 20 years (Art
may be divided. (Art. 1079, CC)
1083, CC)
 Owned in common. Before partition, the
2. When the co-heirs Agreed that the estate
whole estate of the decedent is owned in
shall not be divided for a period not
common by the heirs. (Art 1078, CC)
exceeding 10 years, renewable for another
 Thing or value may be divided. (Art 1079)
10 years
 Acts deemed partition. Every act which is
3. When Prohibited by law
intended to put an end to indivision among
4. When to partition the estate would render it
heirs and legatees or devisees is deemed a
unserviceable for the use for which it is
parition, although it should purport to be a
intended
sale, an exchange, a compromise, or any
other transaction. (Art 1082, CC) Prohibition to Partition—
1. The prohibition to partition for a period not
A void partition may be valid if—
exceeding 20 years can be imposed on the
1. the will was in fact a partition
legitime.
2. the beneficiaries of the void will were legal
2. If the prohibition to the partition is for more
heirs
than 20 years, the excess is void.
3. Even if a prohibition is imposed, the heirs by
 The titles of acquisition or ownership of each
mutual agreement can still make the
property shall be delivered to the co-heir to
partition.
whom said property has been adjudicated.
(Art. 1089 CC)
Effects of Inclusion of Intruder in Partition
(Art 1108, CC)—
Kinds of Partition—
1. Between a true heir and several mistaken
1. Judicial v. Extrajudicial Partition
heirs – partition is void.
a. Judicial – Partition done by Court
2. Between several true heirs and a mistaken
pursuant to an Order of Distribution
heir – transmission to mistaken heir is void
which may or may not be based on a
3. Through error or mistake, share of true
project of partition.
heir is allotted to mistaken heir – partition
b. Extra-judicial – partition made by the
shall not be rescinded unless there is bad
decedent himself by an act inter vivos or
faith or fraud on the part of the other
by will or by a third person entrusted by
persons interested, but the latter shall be
the decedent or by the heirs themselves.
proportionately obliged to pay the true heir
(PARAS)
of his share. The partition with respect to the
2. Partition Inter Vivos (Asked in ‘85)
mistaken heir is void. (Sempio-Dy)
It is one that merely allocates specific
items or pieces of property on the basis
Right of Redemption in Partition—
of the pro-indiviso shares fixed by law or
 Should any of the heirs sell his hereditary
given under the will to heirs or
rights to a stranger before the partition, any
successors. (Art. 1080, cc)
or all of the co-heirs may be subrogated to
the rights of the purchaser by reimbursing
Who May Effect Partition—
him for the price of the sale, provided they
1. The Decedent, during his lifetime by an act
do so within the period of one month from
inter vivos or by will (Art.1080, CC)
CIVIL LAW REVIEWER
the time they were notified in writing of the
sale by the vendor (Art. 1088, CC)
 Strangers – those who are not heirs on the
succession.
II. Effects of Partition
Effect—
A partition legally made confers upon each heir
the exclusive ownership of the property
adjudicated to him (Art 1091, CC)
Warranty—
 After the partition has been made, the co-
heirs shall be reciprocally bound to warrant
the title to, and the quality of, each property
adjudicated (Art. 1092 CC)
 The reciprocal obligation of warranty
referred to in the preceding article shall be
proportionate to the respective
hereditary shares of the co-heirs;
 But if any one of them should be
insolvent, the other co-heirs shall be
liable for his part in the same proportion,
deducting the part corresponding to the
one who should be indemnified.
 Those who pay for the insolvent heir
shall have a right of action against him
for reimbursement, should his financial
condition improve (Art. 1093 CC)
 An action to enforce the warranty among the
co-heirs must be brought within ten years
from the date the right of action accrues.
(Art. 1094 CC)
 If a credit should be assigned as collectible,
the co-heirs shall not be liable for the
subsequent insolvency of the debtor of the
estate, but only for his insolvency at the
time the partition is made. (Art 1095, CC)
 The warranty of the solvency of the debtor
can only be enforced during the five years
following the partition.
 Co-heirs do not warrant bad debts, if so
known to, and accepted by the distributee.
 But if such debts are not assigned to a
co-heir, and should be collected, in
whole or in part, the amount collected
shall be distributed proportionately
among the heirs. (Art. 1095 CC)
End of Warranty—
The obligation of warranty among co-heirs shall
cease in the ff cases:
 The testator himself has made the partition
 Unless it appears, or it may be
reasonably presumed, that his intention
was otherwise, but the legitime shall
always remain unimpaired.
Chapter V. PARTITION and DISTRIBUTION of ESTATE
 When its has been so expressly stipulated in
the agreement of partition
 Unless there has been bad faith
 When the eviction is due to a cause
subsequent to the partition, or has been
caused by the fault of the distributee of the 84
property. (Art. 1096, CC)
SUCCESSION
III. Nullification of Partition
(Asked in ‘90)
Causes for Rescission or Annulment—
1. A partition may be rescinded or annulled for
the same causes as contracts. (Art 1097,
CC)
2. A partition, judicial or extra-judicial, may also
be rescinded on account of lesion, when any
one of the co-heirs received things whose
value is less by at least one-fourth, than the
share to which he is entitled, considering the
value of the things at the time they were
adjudicated (Art. 1098, CC)
 This article applies only to cases of
partition among-coheirs
 Lesion is the injury suffered in
consequence of inequality of situation by
one party who does not receive the full
equivalent for what she gives in a sale
or any commutative contract
3. The partition made by the testator cannot be
impugned on the ground of lesion, except
when the legitime of the compulsory heirs is
thereby prejudiced, or when it appears or
may be reasonably be presumed, that the
intention of the testator was otherwise. (Art.
1099, CC)
4. Preterition of a compulsory heir in the
partition (Art 1104, CC):
 Partition shall not be rescinded unless
bad faith or fraud on the part of other
heirs is proved.
 The culpable heirs shall share in the
damages of the prejudiced compulsory
heir proportionately.
5. A partition which includes a person believed
to be an heir, but who is not, shall be void
only with respect to such person. (Art.
1105 CC
___________
 The action for rescission on account of
lesion shall prescribe after four years from
the time the partition was made. (Art. 1100,
CC)
 The heir who is sued shall have the option of
indemnifying the plaintiff for the loss, or
consenting to a new partition
CIVIL LAW REVIEWER Chapter V. PARTITION and DISTRIBUTION of ESTATE

 Indemnity may be made: IV. Important Periods in Partition

 By payment in cash or
 By the delivery of a thing of the same 1 month or less Testator, if publicly known to be
kind and quality as that awarded to the before making a insane, burden of proof is on the
plaintiff. will one claiming validity of the will
20 years Maximum period testator can 85
 If a new partition is made, it shall affect prohibit alienation of dispositions

SUCCESSION
neither those who have not been prejudiced 5 years from To claim property escheated to
nor those who have not received more than delivery to the the State
their just share (Art. 1101, CC) State
1 month To report knowledge of violent
death of decedent lest he be
 An heir who has alienated the whole or a
considered unworthy
considerable part of the real property 5 years from the Action for declaration of
adjudicated to him cannot maintain an action time disqualified incapacity & for recovery of the
for rescission on the ground of lesion, but he person took inheritance, devise or legacy
shall have a right to be indemnified in cash possession
(Art. 1102, CC) 30 days from Must signify
issuance of order acceptance/repudiation
 The omission of one or more objects or of distribution otherwise, deemed accepted
securities of the inheritance shall not cause 1 month form Right to repurchase hereditary
the rescission of the partition on the ground written notice of rights sold to a stranger by a co-
sale heir
of lesion, but the partition shall be completed
10 years To enforce warranty of
by the distribution of the objects or securities title/quality of property
which have been omitted. (Art. 1103, CC) adjudicated to co-heir from the
time right of action accrues
Difference of Nullity from Rescission— 5 years from To enforce warranty of solvency
Nullity is not the same as Rescission: partition of debtor of the estate at the time
1. Nullity - the act is supposed to never have partition is made
existed 4 years form Action for rescission of partition
2. Rescission - the act is valid at the origin partition on account of lesion
though it afterwards became ineffective
CIVIL LAW REVIEWER Chapter VI. APPLICATION

Chapter VI. Application of the Important property. How will you compute the proportional
Concepts through Sample increase in each heirs’ shares in order not to
Computational Problems exceed the total estate of Mickey (assuming no
legitimes were impaired)?
I. Institution of Heirs
II. Legitimes
Goofy’s 1/3 of 12,000 4,000 86
original share:
III. Intestate Succession

SUCCESSION
IV. Donald’s 1/4 of 12,000 3,000
II. The Effect of Partition original share:
III. Nullification of Partition Minnie’s 1/4 of 12,000 3,000
IV. Important Periods in Partition original share:
TOTAL: 10,000
 DEFICIENCY
(Based on the lectures of Prof. Danilo L. : 2,000
Concepcion)
Goofy’s increase = 4,000/10,000 x 2,000 = 800
Donald’s increase = 3,000/10,000 x 2,000 = 600
I. Institution of Heirs Minnie’s increase = 3,000/10,000 x 2,000 = 600

A. Excess Institution— Total Deficiency = P2000

P10,000 + P2,000 = P12,000 (the total estate)
Mickey died testate, leaving a total estate of
P12,000. According to his Will, Goofy gets ½, Goofy gets P4000 + 800 = P 4,800
Donald gets 1/3 and Minnie gets ¼ of the Donald gets P3,000 + 600 = P3, 600
property. How will you compute the proportional Minnie gets P3,000 + 600 = P 3, 600
reduction from each heirs’ shares in order not to
exceed the total estate of Mickey (assuming no
legitime is impaired)? II. Legitimes
Goofy’s original ½ of 12,000 6,000
A. Legitimes: Concurrence of Legitimate
share:
Donald’s 1/3 of 12,000 4,000 and Illegitimate Children—
original share:
Minnie’s original ¼ of 12,000 3,000 Homer died of heart attack. His wife, Marge,
share: predeceased him. He had only 1 legitimate child,
TOTAL: Bart, and 4 illegitimate children, Lisa, Maggie,
13,000 Wolverine and Cyclops. Homer has a total
EXCESS: estate of P120,000. How much is the legitime of
1,000 each heir?

Goofy’s reduction = 6,000/13,000 x 1,000 = The legitimate child should get ½ of the estate
461.53846 while the illegitimate children get ½ of what the
Donald’s reduction = 4,000/13,000 x 1,000 = legitimate child gets.
307.69231  Bart - P60,000
Minnie’s reduction = 3,000/13,000 x 1,000 =  Lisa - P30,000
230.76923  Maggie - P30,000
 Wolverine - P30,000
Total Deduction = P1000  Cyclops - P30,000
P13,000 – P1,000 = P12,000 (the total estate)
But this would amount to a total of P180,000.
Goofy gets P6000 – P461.53846 Thus, there must be a reduction of the shares of
Donald gets P4,000 – P307.69231 the illegitimate children.
Minnie gets P3,000 – P230.76923
___________ Reduction = excess / number of illegitimate
children
B. Deficiency in Institution— Reduction = (180,000 – 120,000) / 4 = 15,000
P30,000 (share) – 15,000 (reduction) =
Mickey died testate, leaving a total estate of P15,000
P12,000. According to his Will, Goofy gets 1/3,
Donald gets ¼ and Minnie gets ¼ of the
CIVIL LAW REVIEWER Chapter VI. APPLICATION

Final Answer: Reduction = (150,000 - 120,000)/2 =15,000

 Bart = P60,000 P30,000 (share) – 15,000 (reduction)
 Lisa = P15,000 =P15,000
 Maggie = P15,000
 Wolverine = P15,000 Final Answer:
 Cyclops = P15,000  Mushroom = P60,000 87
 TOTAL = P120,000  Kupa = P30,000

SUCCESSION
___________  Mario = P15,000
 Luigi = P15,000
B. Legitimes: Concurrence of Spouse and
Legitimate Children—
III. Intestate Succession
Anderson Silva died, leaving a total estate of
P120,000. He was survived by his wife,
Hulk Hogan died intestate, with a total estate of
Machida, and his three children: Chuck, Quinton,
P70,000. His wife, Sable, his legitimate son,
and George. How much legitime is allotted by
Ultimate Warrior, and his two illegitimate
law to each heir?
children, Stone Cold and Undertaker, survived
him. How will his estate be divided among these
Legitimate Children get ½
heirs?
The ½ is divided into as many legitimate
children.
Applying the law in intestate succession, each
Wife gets an amount equal to the share of a
heirs will receive the ff:
legitimate child.
 Ultimate Warrior – P35,000
 Stone Cold – P17,500
Final Answer:
 Undertaker – P17,500
 Chuck = P20,000
 Sable – P35,000
 Quinton = P20,000
 George = P20,000
Since the total shares will exceed P70,000,
 Machida = P20,000
reduction is in order. The share of those who will
 Free Portion = P40,000
receive more than their legitimes must be
___________
reduced. The spouse’s share should be reduced
first to the amount of her legitime (P17,500)
(note: the share of the others are equal to their
C. Legitimes: Concurrence of Spouse,
legitimes)
Legitimate and Illegitimate Children—
Further reductions shall be made since the
Princess toadstool died, survived by her
amount will still exceed the net estate. Following
husband, kupa, her legitimate child, mushroom,
the law of legitimes, namely that the legitime of
and by her two illegitimate children, mario and
the legitimate child and the surviving spouse
luigi. She has a total estate of p120,000. How
shall be preferred over the illegitimate children’s
much legitime is allotted by law to each heir?
shares, the reduction will be suffered by the
illegitimate children.
The legitimate child gets ½.
The wife gets ½ of the share of the legitimate
Final Answer:
child (because there is only one legitimate child)
 Ultimate Warrior – P35,000
The illegitimate children will each get ½ of the
 Stone Cold – P8750
share of the legitimate child.
 Undertaker – P8750
 Sable – P17,500
 Mushroom – P60,000
 Kupa – P30,000
 Mario – P30,000
 Luigi – P30,000 IV. Accretion

But this will yield a total of p150,000. Thus the Goku died testate, leaving an estate of P720. In
shares of the illegitimate children must be his will, he instituted his sons to his entire estate.
reduced. His sons are Vegeta, Napa, Raditz and Freeza.
Vegeta, who had two children (Trunks and
Reduction = excess / number of illegitimate Bulma), predeceased Goku. Napa, who hated
children
CIVIL LAW REVIEWER Chapter VI. APPLICATION

his father’s guts, repudiated his share in the
will.
Raditz, who likewise has two children
(Tenshenhan and Chowzu), was found to be
incapacitated to inherit from his father.
P50,000 to Spiderman. In 1982, he made a
donation to Robinhood worth P100,000.
Compute for the shares of each heir.
Total Estate = Gross Estate – Liabilities +
Donations Inter Vivos
Total Estate = 90,000 – 0 + 150,000 = P240,000 88

SUCCESSION
Lastly, Freeza, the youngest and most beloved Determine the Legitimes:
son of Goku, has a son, Magneato. Legitimate Children = ½ of Total Estate
Therefore: Spiderman = P60,000
Determine Legitime and Free Portion: Robinhood = P60,000
Heir Will
Vegeta (predeceased) 180 = legitime:120 Surviving Spouse = amount equal to Legitimate
free: 60 Child
Napa (repudiated) 180 (automatically Therefore: Sandy = P60,000
becomes free portion)
Raditz (incapacitated) 180 = legitime:120
Determine their Intestate Shares
free: 60
Heir Final Answer
Freeza 180 = legitime:120
Spiderman 80, 000
free: 60
(60,000 = legitime)
Robinhood 80,000
Determine amount received by heirs through (60,000 = legitime)
representation for the legitimes Sandy 80,000
Heir Representation for (60,000 = legitime)
Legitime
Vegeta (predeceased) Legitime = 120 Determine Advances
Trunks: 60
Heir Advance
Bulma: 60
Spiderman 50,000
Napa (repudiated)
Robinhood 100,000
Raditz (incapacitated) Legitime = 120
Sandy
Tenshenhan: 60
Chowzu: 60
Freeza Compute:
Heir Computation
Determine if there is accretion: Spiderman Legitime: 60,000 – 50,000 = 10,000
Free Portion = 20,000
Heir Accretion
Robinhood Legitime: 60,000 – 60,000 = 0
Vegeta (predeceased) - 60
Free Portion: 20,000 – 20,000 = 0
Napa (repudiated) -180
(20,000 still unaccounted for)
Raditz (incapacitated) -60
Sandy
Freeza + (60 + 60 + 180) or +
300
Since Robinhood’s share has been exhausted
COMPUTE: but there is still a deficiency of 20,000, this
Heir Final Answer 20,000 will be deducted from the free portions
Vegeta (predeceased) Trunks: 60 of Spiderman and Sandy Pro Rata.
Bulma: 60
Napa (repudiated) 0 Heir Computation
Raditz (incapacitated) Tenshenhan: 60 Spiderman Legitime Left: 10,000
Chowzu: 60 Free Portion Left =
Freeza 480 20,000 – 10,000 = 10,000
Robinhood 0
Sandy Legitime: 60,000
Free Portion: 20,000 – 10,000 =
V. Collation 10,000

Sponge Bob died intestate on September 17, Therefore –

1985. He left an estate of P90,000. He was Heir Final Answer
survived by his wife, Sandy, and his two children Spiderman 20,000
Spiderman and Robinhood. During Mr. Bob’s Robinhood 0
lifetime, on January 1, 1980, he donated Sandy 70,000

- end of Succession -