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extinguished upon by the decedent because a

Chapter 1 - General death)

3. Rights arising from
person who enters into a
contract is deemed to have

Provisions civil personality and

family relations, to
contracted for himself and his
heirs and assigns
wit: Marital rights, d. Transmission to the heirs through the
support, parental estate
Article 774 authority, right to file i. Limjoco v Intestate Estate of
action for legal Fragante - The public service
separation or Commission did not err in
declaration of nullity granting certificate of public
Distinction between inheritance and or annulment of convenience to the INTESTATE
succession marriage, right to file ESTATE OF THE DECEASED
an action to claim FRAGRANTE to operate and
 Inheritance - PRO transmitted to heirs
legitimacy, or maintain an ice plant. In the
 Succession - Mode of acquisition by virtue of which
otherwise assert the instant case, there would also
the inheritance (PRO) is transmitted to heirs
status of legitimacy be a failure of justice unless the
or illegitimacy estate of Fragrante is
Elements of succession ii. NHA v Almedia - Death of the considered as perosn, for the
1. A mode of acquisition decedent did not extinguish the quashing of the proceedings
a. Original - no previous owner contract to sell; it is for no other reason n his death
b. Derivative - has previous owner. transmitted to the estate. The would entail prejudicial results
Succession is derivative next "PERSON" to his investment amounting to
2. Transmission of inheritance iii. Verdad v CA - Mother of 35,000
a. Transmission of property Husband died. Husband died. ii. The Limjoco, Billings, and NHA
i. Butte v Manuel Uy & Sons, inc Hence, the latter's estate which Rulings discussed
- The heirs became co-owners included the undivided interest 1. The estate of the
of their undivided share from over the property inherited deceased person is
the death of the decedent. from the mother, passed not one of those
Hence, any co-owner becomes through the widow. Because of enumerated in Art
entitled to exercise the right of this, the widow can exercise 44 of NCC which are
legal redemption as soon as the right of redemption. considered as
another co-owner sells his or c. Transmission of Obligations "juridical persons".
her undivided share to a i. "Obligations" include 3. The Object of succession is the inheritance
stranger "contingent liabilities of the a. Future property v Future inheritance
b. Transmission of rights decedent which are not i. Property - Does not own at
i. Contractual rights, except extinguished through his present but may own in the
those which are purely death. Heirs are liable only future. It may be the object of
personal: insofar as the value of the a contract
1. Right to hold public inheritance is concerned ii. Inheritance - any property or
office ii. Estate of Hemady v Luzon Surty right, not in existence or
2. Usufructuary Co., Inc - Heirs are liable to capable of determination at
(generally contract o suretyship entered the time of the contract, that a
1|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal
person may in the future Article 50, FC impliedly amended Art 774
acquire by succession. May not of NCC to the extent that the legitime of Art 782
be object of contract children following the annulment or
b. Contracts involving future inheritance declaration of nullity of marriage of their
i. Blas v Santos - a document parents shall be delivered to them. Definitions of heir, legatee, devisee
signed by the testator's wife, Hence, it was done during lifetime of said  Heir - will receive the entirety or fractional part
promising that she would heirs
 Legatee - movable property
respect and obey all the b. Contractual succession - It is a gratuitous
 Devisee - Immovable property
dispositions in the latter's will, disposition of future property mortis
and that she would hold one- causa made by e future spouse to the Importance of distinction
half of her share in the conjugal ohter (or bilaterally) in their ante-nuptial
assets in trust for the heirs and contract. There can be no contractual  Preterition, annulment
legatees of her husband in his succession under Art 84 of FC. Donations  Effects of invalid disinheritance
will, with the obligation of mortis causa between future spouses
conveying the same to such of now require execution of wills.
his heirs or legatees as she
Art 776
might choose in her last will 5. Succession is Governed by Will or by Law
and testament, is a As to effectivity Succession is either
compromise and at the same inter vivos or mortis Art 781
time a contract with sufficient causa
cause and consideration As to the existence of Succession is
ii. De Belen Vda De Cabalu v Tabu a will testementary,
intestate, or mixed The Inheritance
WAG NA LANG As to transferees Compulsory succession
relates to the  No conflict between the two provisions
4. Death triggers succession
succession of  The inheritance of a person includes only his
Death may be actual or presumed. The presumed properties, rights and obligations which are not
compulsory heirs to
death is classified into (i) ordinary and (ii) extinguished by his death. However, accruals
the legitime; voluntary
extraordinary succession relates to thereto, while not forming part of the hereditary
succession of voluntary estate, are liable for the payment of the claims of
Art 390 - Ordinary heirs, legatees and the creditors of the decedent
xxxx The absentee shall not pre presumed dead for devisees to the  NIRC recognizes that the accruals to the hereditary
the purpose of opening his succession till after an disposable free portion
estate after the opening of succession are not
absence of 10 years. As to extent Universal succession is
included in the estate of the decedent for the
If he disappeared after the age of 75, years would succession to the
purpose of computing the estate tax
suffice to open succesion entire estate;
particular succession is Exclusion to the inheritance
Art 391 - Extraordinary (four years) succession to specific
1. Person on board a vessel or airplane property or to a 1. Properties subject of fideicommissary substitutions
portion of the estate - Two heirs one and same inheritance. One receives
2. person in the armed forces
3. Person in danger of death under other the property/ies first. Upon his death, the property
circumstances passes to the second

a. Succession inter vivos Art 775

2|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal
2. Properties subject of reserve troncal - properties  From the foregoing decisions, it is established that 5. The testementary capacity of the
received by the reservor by gratuitous title from survivorship agreements are valid and binding, not testator
another ascendant, brother or sister only between the parties thereto but also against 6. The timeliness of acceptance or
3. Properties which are subject of valid aleatory their respective successors, provided that the repudiation of the inheritance and the
contracts (survivorship agreement) - Covered by operation of such agreements is not violative of the effects thereof
Article 2010. Two persons, joint law, particularly those relating to wills, donations,
investment/pooling of resources. If one dies, and property relations between spouses. Consequences of Article 777
survivor takes absolute title to the entirety of their  Examples of violative effects of a survivorship 1. Death, the defining moment
investment agreement: a. Bonilla v Barcena (L-41715) - When the
1. When used to conceal an inofficious decedent died, her claim or right to the
donation parcels of land in litigation was not
Macam v Gatmaitan - Two girls, one contract. The contract is 2. When used to transfer property in fraud extinguished but was transmitted to her
aleatory, not donations because both parties reciprocally of creditors heirs. Her heirs acquired interest in the
assigned their ties to one another conditioned upon who 3. When used to defeat the legitime of properties in litigation and became
might die first, compulsory heirs parties in interest to the case
 The consolidation of ownership of the property in 2. Distribution subject to the existence of a residual
Rivera v People's bank and trust company - Chimay and her the survivor is not a form of a gratuitous estate - Debts should be paid first. The residue is the
boss. The contract is not SPA or Donation because the conveyance by the deceased party to the survivor, one to be distributed to and shared by the heir
aleatory contract is supported by a lawful consideration, whether inter vivos or mortis causa. Such a. Salvador v Sta. Maria (L-25952) - the
which is the mutual agreement of the joint depositors consolidation of ownershi in the survivor upon the heirs, who received the properties in the
permitting either of them to withdraw the whole deposit death of the counterparty is neither subject to reconveyance action, was perforce in
during their lifetime, and transferring the balance to the donor's tax nor to the estate tax trust for the estate of the decedent,
survivor upon the death of any one of them. It must be noted subject to its obligations. There being
that the chimay worked for her boss for 19 years without obligations incurred by the decedent, the
receiving a salary. same must first be settled before they
Article 777
Vitug v CA can distribute the properties among
 Aleatory contract between husband and wife is 3. Automatic transfer of the hereditary estate
valid because it involves no modification of the Time of death of the decedent a. Ramirez v Baltazar (L-25049) - Although
conjugal partnership. The spouses are not prohibit as a general rule, the heirs have no
 The time of death of the decedent is a critical
law to invest conjugal property, say, by way of a standing in court upon the
element of succession. It is the precise time on
joint bank account. In this case, when the spouses commencement of the testate and
which the following, among other things, are
opened the savings account, they merely put what intestate proceedings, by way of
rightfully belonged to them in a money-making exception, they may act in the place of
1. The law applicable to the substantive
venture. They did not dispose it in favor of the the administrator if he or she fails to act.
validity of the will
other, which would have arguably been In this case, the administrator is being
2. The composition of the decedent's asses
sanctionable as a prohibited donation. And since charged of collusion and connivance of
and their valuation; the outstanding
the funds were conjugal, it cannot be said that one the property of the decedent, allowing its
liabilities of the decedent their payment
spouse could have pressured the other in placing foreclosure without notifying the heirs, to
3. The compulsory heirs who are to succeed
his or her deposits in the money pool. the prejudice of the latter. Hence, the
the decedent
heirs have an interest to assert and to
Sebastian: 4. determination of issues relating to
protect their interest over the estate.

3|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal

4. Recognition of ownership by reason of succession - is uncertain is shares in co-heirship or co-ownership. In
General rule: the rights to the succession are whether the heir will other words, they can sell their rights,
transmitted to the heirs from the moment of the receive anything. interest or participation in the property
death of the decedent; Exception: In certain cases, Hence, it is the right under administration. A stipulation
it is not self-executory. Example: Transfer of to specific requiring court approval does not affect
ownership of the shares of stock of a corporation. distributive share is the validity and the effectivity of the sale
Heirs do not automatically become stockholders of incohate as regards the selling heirs. It merely
the corporation and acquire the rights and 3. "Liquid asset" means implies that the property may taken out
privileges of the deceased. The shares of stock must cash or easily of custodia legis, but only with the court's
be recorded first in the stock and transfer books convertible into permission. It would seem that the
pursuant to Section 63 of the corporation code. cash. That a suspensive condition the present
a. Puno v Puno enterprises, inc (177066) - decedent left no conditional sale was imposed solely for
The stocks must be distributed to the cash or "liquid asset" this reason
heirs in estate proceedings, and the does not mean 8. Co-ownership during the period of indivision
transfer of stocks must be recorded in the succession will not a. Santos v Lumbao (169129) - GR: Heirs are
books of the corporation. During such take place or that the bound by contracts entered into by their
interim period, the heir stands as the heirs will not receive predecessor in interest. Whatever rights
equitable owner of the stocks, the anything at all. and obligations the decedent had over
executor or administrator being vested 5. Disposal of hereditary share after death of the property are transmitted to the heirs
with the legal title to the stock. Hence, decedent by way of succession. Thus the heirs
absent any showing that the heir's share a. De Borja v De Borja (L-28040) - There is cannot escape the legal consequences of
is transferred in the book, he shall not be no legal bar to a successor to dispose his a transaction entered into be their
allowed to inspect the books of the hereditary share immediately after the predecessor-in-interest because they
corporation death of the decedent. The effect of such have inherited the property subject to the
b. Reyes v RTC Makati (165744) - Same; the alienation is deemed limited to what is liability affecting their common ancestor.
heir, not being considered a stockholder ultimately adjudicated to the vendor
yet, there can be no intra-corporate heir. The aleatory character of the
dispute in this case which will serve as contract does not affect the validity of
basis for the SCC's jurisdiction the transaction
i. Sebastian's comments: 6. Sale of an undivided share of the inheritance -
1. There is not la that a. Lee v RTC QC (146006) - Heir can only
requires succession alienate such portion of the estate that Art 778
to be declared may be adjudicated to him in the division
2. The "right to inherit" of the estate by the probate or intestate
is not synonymous to court; He cannot sell any specific 779
"right to specific property.
distributive share." 7. Court approval for disposition of hereditary estate
Right to inherit is not a. Heirs of spouses Sandejas v Lina (141634)
a mere expectancy - Court approval is required in any
pending the disposition of the decedent's estate.
payment of Reference to judicial approval, however, Types of succession
outstanding debts of cannot adversely affect the substantive
 Testate
the decedent. What rights of heirs to dispose their pro indiviso
4|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal
 Intestate
 Mixed - distribution of the hereditary estate is
partly controlled by the testator and partly
controlled by law
1. If the testator executed a valid will but
failed to distribute the entirety of his
estate and made no provision as to how
the residual property shall be disposed,
there being no right of accretion among
the instituted heirs
2. Where the sole provision of the will
relates to the appointment of an
administrator, or the payment of debts,
or the acknowledgement of an
illegitimate child, or any other provision
that are not considered as
testementary/property dispositions
3. If any of the beneficiaries (whether
instituted as heirs, legatees or devisees)
is incapable to accept or enter into
inheritance, there being no substitution,
representation, or accretion.
 Rodriguez et al v Borja et al (L-21993) - Testacy is
preferred over intestacy. When intestate
proceedings and petition for probate
simultaneously filed, the it is the former that should
be dismissed, not the latter.

5|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal

6. Disposicion Captatoria - condition that in order to Strictly a personal act
CHAPTER 2 - benefit from a will, the beneficiary must also
provide for the testator  Testatory is prohibited from delegating to a third
person the determination of:
TESTAMENTARY 7. Dispositions in favor of incapacitated persons -
dispositions covered by 1027 and 1028 1. The duration of designation of such heirs,
legatees, devisees
SUCCESSION Necessity of conveyance of property 2. The efficacy of their designation
3. The portions or property to be given to
 Probate is necessary in order that a will may pass such heirs, legatees or devisees
Section 1 - Wills property  While the exercise of tetementary discretion is
 A document that does not purport to pass property non-delegable, the implementation of a
Subsection 1 - Wills in General mortis causa is not a will and does not require testementary disposition is delegable.
o Example: Recognition of illegitimate child Class institution
Art 783  Seangio v Reyes (508 scra 177) - Disinheritance of a
compulsory heir is a will because his exclusion  Testator may entrust to third person the
results in the increase in the shares of the others. It distribution of the property in favor of a class or
is an indirect adjudication of property to one or cause, as provided in 1030 (for the poor)
Characteristics of a will
some qualified heirs, for which reason probate is
1. Statutory right necessary
2. Unilateral act 787
3. Formal act
4. Personal act Art 784
5. Effective mortis causa - Effective after death Prohibited Delegation
subject to the condition that it is admitted to
probate  Prohibiting to delegate to a third person the
6. Essentially ambulatory - Testator can revoke his will Non-delagability of testementary discretion
discretion to determine whether or not a
anytime before his death provided at the time of  The mechanical act of preparing a notarial will is testementary disposition would be operative.
revocation he has testementary capacity not covered by this provision
7. Free act - Free from vices of consent
 The testementary dispositions in a will must be left
Limitations on the power of control entirely to the discretion of the testator 789
 To determine whether a provision is testementary
1. Legitime in character, it is necessary to answer two
2. Reservable property questions
Defective testamentary dispositions
3. Mistress 1. Who will inherit?
4. Fideicomissary substitution - first and second heirs 2. What or how much will be inherited? 1. Imperfect description of a property to be given to
must be related to each other a particular recipient
5. Condition not to marry - absolute condition 2. Imperfect description of a person who is to receive
concerning a first marriage is void. With regard to the property
Art 785
a second marriage, it is valid provided it is imposed 3. Uncertainty on the face of the will on the
by the ascendants or descendants of the deceased application of any of its provisions; i.e., ambiguity
Art 786 of a testementary disposition

6|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal

Classification of defects testament.—The repeated use of the words "I General Rule and exceptions
bequeath" in the testamentary dispositions acquire
1. Patent defects - apparent from a reading of the no legal significance, such as to convert the same into  GR: Will can only distribute the properties owned
will. "To some of my brothers, I bequath one-half of devises to be taken solely from the free one-half by the testator at the time of execution of the will
my estate" disposable portion of the estate where the testator's  EXPN: 793
2. Latent defects - non-apparent from a reading of the intent that his testamentary dispositions were by way  Example "I hereby bequeath all other property
will. Disposition in favor of "Incha" but there are of adjudications to the beneficiaries as heirs and not which I have not otherwise disposed in this will, as
many Inchas as mere devisees, is clear and that said dispositions well as all property which I may in the future
were borne out by the use of phrase "my heirs in this acquire by any title, to X and Y in equal shares"
Remedial measures
testament" referring to the "devisees."  In the following cases, no stipulation is necessary:
1. Intrinsic; examine the will in its entirety just like o Republished will
Vda. de Villaflor v Juico - The court interpreted the will of the o Testamentary disposition involving a
how a statute is read as a whole. Attempt to
testator written in spanish. In construing the will, the court property which the testator erroneously
correct mistakes by connecting dispositions
gleamed that the intent of the testator was only to make his thought to be his is void. However, if he
2. Extrinsic; if the will does not provide the relevant
wife a "reversionary legatee" or a lifetime usufructuary. should subsequently acquire ownership
information; testimonial and documentary
Hence, after her death, the title to the properties passed to thereof by any title the testamentary
those who are called by the testator as "sobreta nieta" in his disposition shall be given effect


General rule
 The true intention of the testator must be Separability clause - Nullity of one does not affect the others
ascertained when the will is ambiguous  GR: Testator conveys the entirety of his interest
Balanay v Martinez (L-39247)
 EXPN: if the interest of the testator is limited only
to the aliquot part, then such is only conveyed.
 No one can give what he does not have
Grant of less than full interest

 Grant of naked title to one and usufruct to the

De Roma v CA - "Sa pamamagitan ng pagbibigay na di na
Purpose of the law other
mababawing muli" merely described the donation as
"irrevocable "and should not be construed as an express  Minimizes the occurrence of partial intestacy Grant of greater interest
prohibition against collation  As long as the testator indicate his intention to
dispose "future property"  Presumed the testator's directive that the third
party interest in the thing be acquired so that it
Distinguished from "future property" in 781 may be given in its entirety to the designated
 781 pertains to properties after the opening of
succession. 793 pertains to properties after the
Dizon v Rivera-Dizon (L-24561) - Interpretation of execution of the will
wills; Effect of use of words "I bequeath" in
7|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal
in the Philippines if made with
795 the formalities prescribed by
the law of the place in which he
resides, or according to the
Rule as to formal requirements formalities observed in his
country, or in conformity with
1. As to time - those which this code
a. Formal validity: law in effect at the time prescribes
of execution
b. Substantive validity: law in effect at the Conflict of rules as to substantive requirements
time of death
 As to time:
2. As to place -
o Art 777: Law in force at the time of death
a. Filipino testator: Not required to follow
of the testator.
Philippine formalities if living abroad
o Art 16: National law of the person whose
b. Foreigner: Law allows him to execute his
succession is under consideration
will pursuant to PH law, whether a
 Order of succession
permanent or temporary residence
 Amount of successional rights
Conflict of rules as to formal requirements  Intrinsic validity
 Capacity to succeed
 Choice of law as to place of execution  Bellis v Bellis - There are no forced heirs in Texas
o Filipino testator law, the national law of the decedent. Hence, heirs
 Philippine law in this case cannot invoke their legitime
 Art 17: The forms and
solemnities of xxx wills xxx
shall be governed by the law of
the country in which they are
 Art 815: When a Filipino is in a
foreign country, he is
authorized to make a will in a
of the forms established by law
of the country in which he may
be. Such will may be probated
in the PHilippines
o Resident and non-resident testator
 Art 17: The forms and
solemnities of xxx wills xxx
shall be governed by the law of
the country in which they are
 Art 816: The will of an alien
who is abroad produces effect

8|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal

Subsection 2 - Testementary Capacity and Intent 2. The testator should know the objects of his bounty  time of execution
- personal relationship with heirs  If the testator is not capacitated when he executed
3. The testator is conscious of the nature of the the will, his gaining or regaining of the same will
testamentary act. - if the testator provides for the not validate the void will
796 immediate partition of his estate (even during his
lifetime) or the distribution of his estate upon the
797 fulfillment of certain conditions other than his
death, his understanding of the testamentary act
could be at issue
798 803
 De guzman v intestate estate of francisco benitez -
In declaring that the testator was not capacitated
Element of testamentary capacity when he executed the will, the court took into Married woman retains the power to dispose by will both her
account that he was admitted to the mental paraphernal properties and her share of the absolute
1. Natural person hospital for insanity 5 days before the execution
2. At least 18 years old community or conjugal property
3. Sound mind  Baltazar v Laxa - forgetfulness is not tantamount to
4. Not expressly prohibited from making a will unsoundness of mind
Age requirement

Capacity to act
 power to do acts with legal effect
 GR: Not an element of testamentary capacity
 EXPN: minority, insanity, imbecility. Presumption of Sanity - a prima facie presumption and may
be controverted by competent evidence

Exceptions to the presumption of Sanity

1. One month before the execution of the will, the
testator was publicly known to be insane
2. Prior judicial declaration of the testator's insanity,
Soundness of mind
unless such declaration has been set aside prior to
 A state of a person's mind is a medical rather than the execution of the will
a legal issue 3. Prior judicial appointment of a guardian over the
 Testamentary capacity does not necessarily person and/or property of a person by reason of
require that a person shall actually be insane or of having been found to be insane
unsound mind

1. The testator should know the nature of the estate
to be disposed
Determination of testamentary capacity
9|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal
Subsection 3 - Form of Wills ii. To verify compliance with ii. to prevent authorized
substantive law dispositions
2. A will must be written in a language known to the b. Bottom signature does not apply to the
testator - In order to stop relying on another person witnesses
804 whose integrity he has to rely on i. They may place the same
a. Circumstances indicating lack of elsewhere, provided that they
805 knowledge of the language are affixed on each and every
i. Suroza v Honrado - The will is page
void. In the opening paragraph, ii. Purpose: identification and
806 it was stated that English was a prevention of fraudulent
language "understood and substitution
known" to the testator. Yet, in iii. Taboada v Rosal - Liberal
Form of wills the last paragraph, it was construction of will. 805 does
stated that the will was read to not make it a condition
 GR: 804, 805, 806 governs formalities the testatrix "and translated precedent for the extrinsic
 EXPN: into Pilipino language" validity of the will that the
o 807 deaf or deaf-mute b. Circumstances indicating knowledge of signatures of the subscribing
o 808 blind the language witnesses should be specifically
o 810 Holographic (w/804) i. Reyes v Vda. de Vidal - There is located at the end of the will
a presumption that the after the signature of the
The purpose of formalities
testator knew that language testatrix. The signature of the
 Lee v Tambago (FAVORITE NI BASTE) - The law which the testament has been instrumental witnesses on the
provides for certain formalities that must be written. In this case, the same left margin would suffice. to
followed in the execution of wills. the object of was not rebutted object of attestation and
solemnities surrounding the execution of the wills is notwithstanding the fact that subscription is fully satisfied.
to close the door on bad faith and fraud, to avoid there is nothing in the 1. Attestation:
substitution of wills and testaments, and to testimony of the witnesses Witnessing the
guarantee their truth and authenticity presented by the testator's execution;
executor/administrator that mental note
The formal requisites of a notarial will the testatrix knew and spoke 2. Subscription: signing
the spanish language. In of the names of the
1. The will must be in writing
upholding the will, the court witnesses upon the
a. Objectives
took into consideration that same paper for the
i. To evidence compliance with
the deceased was a mestiza purpose of
espanola, was married to a identification
ii. To serve as the exclusive proof
Spaniard, ande made several 3. The act of signing
of its contents
trips to Spain. confirms compliance
b. Purpose:
c. Presumption of knowledge of the with certain
i. Visual inspection for the
language procedural
determination whether or not
3. The testator must sign at the end of the will requirements; the
the formalities are complied
a. Purpose act of subscribing
i. To signify the end of the logical identifies the
end of the will
10 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
authentic pages of ii. Cannot be legislated; personal i. Taboada v Rosal - The failure of
the will circumstances and background the attestation clause to state
c. Sufficiency of customary signature of the c. Competent witness the number of pages used upon
testator i. Determined by law (820 and which the will is written is not
i. initials 821) necessarily a fatal defect. The
ii. thumb mark; partial paralysis 5. The testator and the witnesses must sign in the will may yet be admitted to
(Lopez v Liboro) presence of one another probate if the actual umber of
iii. Cross (insufficient compliance a. Nera v Rimando - "merely casting eyes"; pages of the will is readily
because of failure to prove that "possibility of seeing without any discernible from the will and
it is the testator's usual physical obstructoin" one need not adduce extrinsic
signature) (Garcia v Lacuesta) 6. The testator and the witnesses must sign on the evidence to establish that fact
d. Fascimilie signature is not acceptable left margin of each page - Subscribing signatures. b. Error in indicating the actual number of
e. Requisites for a third person signing on Exact location is not material; to prevent pages
behalf of the testator substitution of pages i. Samaniego-Celada v Abena -
i. Express directive 7. Each page of the will must be numbered The two-page will is valid even
ii. Write the name of testator correlatively if the attestation clause stated
iii. Written in the will and in the a. Location of the page number is not that it has three pages because
presence of the testator and material for so long as there is pagination it was proven that the testator
each of the instrumental b. Pagination need not be in letters and in had an honest belief that the
witness fact may be arabic numerals attestation clause if part of the
iv. Should manually write the c. If the first page is not numbered, the notarial will
name of testator in the omission shall not necessarily invalidate ii. Lopez v Lopez - The
relevant parts of the will the will acknowledgement stated that
the will has 7 pages, where in
Balonan v Abellana, et al (L- Lopez v Liboro (L-1787) - the two-page fact it has 8, including such
15153) - Third person did not will is valid even if there is no page acknowledgement. Hence, the
write the name of the testator numbr. The second page only has two will is invalid.
but his name instead. He also lines: the attestation clause, the mark o c. Attestation clause fails to state the
signed it. Hence, will not testator and signature of the witnesses number of witness - no a fatal error
admitted to probate i. Testate estate of the late alipio
8. The will must contain an attestation clause Abada v Abaja - Even if the will
4. A will must be attested and subscribed by three Three things: did not state the number of
credible witnesses - Where the attestation clause 1. Number of pages witnesses, it is found to be valid
is not signed by the witnesses at the time of 2. The testator signed the will or caused another to after the examination of the
execution of the will, it would invalidate the will as write his name, by his express direction and in his will itself. The phrase "en
it would be easy to add the clause on a subsequent presence and the presence of the witnesses presencia de nosotros" or "in
occasion in the absence of the testator and the 3. The testator and the witnesses signed the will in our presence" coupled with the
witnesses the presence (or the third person) signed the will in signatures appearing on the
a. Effect of a missing signature the presence of one another will itself is sufficient.
i. Icasiano v Icasiano d. Attestation clause fails to state that the
b. Credible witness a. The attestation clause must state the testator's name was written by a third
i. "worthy of belief" number of pages person

11 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
i. Garcia v Lacuesta - the will is notary certifies that before nevertheless, be
invalid because although the him/her, the document was allowed if the court is
third person assigned by the subscribed and sworn by the satisfied from the
testator to write his name executor testimony of other
wrote the same in the 1. Article 806 requires witnesses and form
signature person, he did not do that the will be all the evidence
the same in the attestation "Acknowledged" and presented that the
clause, making it appear that not merely will was executed
the testator signed the . subscribed and and attested in the
1. The sign of the cross sworn to manner required by
cannot be likened to 2. The law.
a thumb mark. It acknowledgement 2. Absent any self-
doesn't have the coerces the testator interest, the
trustworthiness and the instrumental testimony of the
reposed to the latter. witnesses to declare notary public will be
e. Attesting witness did not sign at the before an office of given greater weight
bottom of the attestation clause the law that they had than the witnesses
i. Cagro v Cagro - Probate of the executed and should the
will denied because appellants subscribed to the will statements of the
wanted the court to appreciate as their own free act latter be conflicting.
the signature of the testators or deed. Such ii. Sebastian:
on the left hand margin as declaration is under 1. two functions of the
substantial compliance with the pain of perjury witnesses as
the attestation signature g. Conflicting testimonies of the witnesses provided in Vda de
requirement (bottom). "If an i. Vda de Ramos v CA - The Ramos:
attestation clause not signed failure imprint in photographs a. Attesting
by the three witnesses at the all the stages in the execution the due
bottom thereof be admitted as of the will does not serve any execution
sufficient, it would be easy to persuasive effect nor have any b. certificatio
add suhase to a will on a evidentiary value to prove that n of the
subsequent occasion and in the one vital and indispensable truth of
absence of the testator and requisite has not been acted the facts
any or all of the witnesses. on. 2. Liability of the
1. Sebastian: 1. If any or all of the attesting witnesses
Controversial issue subscribing who participate in
because the court witnesses testify the due execution:
was sharply divided against the due perjury
f. Formally defective attestation clause execution of the will, 9. The will must be acknowledged before a notary
i. Azuela v CA - A will which does or do not remember public
not contain an attestation having attested to it, a. Definition of acknowledgement
clause but a mere jurat is or are otherwise of i. Act of one who has executed a
fatally defective. A jurat is that doubtful credibility, deed in going before some
part of an affidavit where the the will may, competent officer and
12 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
declaring it to be his act or witnesses 1. Guerrero v Bihis -
deed witnessed Notary public who
ii. The law does not require that and signed acknowledged the
the testator and the witnesses the will will in QC is based in
acknowledge the will before and the Caloocan. Hence,
the notary public at the same pages in void.
time. It would suffice that they the ii. Notary public must not be an
acknowledged it before the presence instrumental witness
same notary public of the 1. Cruz v Villasor -
b. Acknowledgement must be made by the testator Notary public cannot
testator and witnesses and of one act as a third
i. Three components of a will: her witness. To allow the
(TAN) 3. Notarial notary public to act
1. Testamentary acknowledgement as a third witness or
dispositions ii. The witnesses must declare one of attesting and
2. Attestation of the before the same notary public acknowledging
witnesses that this certification is their witnesses, would
a. Actual free and voluntary act or deed. have the effect of
number of The failure of the witnesses to having only two
pages declare before the notary attesting witnesses
b. Testator public their participation in the to the will which
signed the execution of the notarial will as would be in
will and narrated in the attestation contravention of the
every page clause is a fatal omission which provisions of 80
thereof, or results in the nullity of the requiring at least
caused notarial will. three credible
some iii. Garcia v Gatchalian - the will is witnesses to act as
other invalid because it is only such, and of Article
person to acknowledged before a notary 806 which requires
write his pic by the testator. Witnesses that the testator and
name, did not the required number
under his c. Role of the notary public of witnesses must
express i. GR: notary public need not be appear before the
direction present in person to witness notary public to
and n the the execution of the will acknowledge the will
presence ii. EXPN: notary public must
of the himself read the will to a blind
instrument testator (808); he is not a
al witness
witnesses d. Disqualifications of a notary public
c. The i. Notary public must be duly
instrument commissioned Rationale
13 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
 to compensate or otherwise make up for the Rationale - Doctrine of liberal interpretation; the objective is o Attestation clause which does not state
disability of the testator to give some protection to the testator whose will may be that the testament "was signed by the
 The objective of the law is to make sure he disallowed for reasons not attributable to him or otherwise witnesses in the presence of one another
understands the will beyond his control and of the testator" renders the will null
and void
Requisites of the doctrine of liberal interpretation o Mere defects in form in the attestation
1. Applies solely to defects and imperfections in the clause do not render the will void.
form or language of the attestation clause However, defects in attestation clause
2. Bad faith, forgery, fraud, undue and improper which require submission of parol
influence must be ruled out insofar as the evidence are not mere defects in form
Rationale o GR: omission which can be supplied by an
execution of the attestation clause is concerned.
The liberal attitude is justified only because of the examination of the will itself, without the
 Will twice to be read to the blind testator; first by
good faith of the instrumental witnesses need of resorting to extrinsic evidence,
one of the witnesses, second by the notary public
3. The defects and imperfections of the attestation will not be fatal and correspondingly,
 Garcia v Vasquez - Testator has glaucoma. would not obstruct the allowance to
Notwithstanding an operation and removal of the clause shall be ignored and will not cause the
nullity of the will, if is proved that the will was in probate of the will being assailed.
cataract in her left eye and her being fitted with However, those omissions which cannot
aphakic lens (used by cataract patients), her vision fact executed and attested in substantial
compliance with 805. The key element of the be supplied except by evidence aliunde
remained mainly for viewing distant objects and would result in the invalidation of the
not for reading print. Hence, he is considered doctrine of liberal interpretation is substantial
compliance attestation clause and ultimately of the
"blind" and therefore must comply with the two will itself
reading rule. 4. The doctrine of liberal interpretation cannot be
invoked in a holographic will simply because this
Substantial compliance will s not have an attestation clause
 Vda. de Gil v Vda de Murciano - When the 810
1. Attempt in good faith to perform, without any
attestation clause is signed by the witnesses to the
willful or intentional departure therefrom
instrument, besides the testator, such attestation
2. The deviation from the obligation must be slight
clause is valid and constitutes substantial
3. The deviation must be slight Purpose of writing a will, in general
compliance with the law even though the said
4. The omission must not pervade the whole or be so
attestation clause is made by the testator himself 1. The testator can designate voluntary heirs,
material that the object which the parties intended
o In adopting liberal construction of a will, legatees and devisees who, without the will, shall
to accomplish in a particular manner is not
evidence "ALIUNDE"/extrinsic is not be excluded from the distribution of the estate
allowed to fill the void or supply missing among his designated heirs in uneven shares
details. What is permitted is a probe into 2. The testator is able to distribute his estate among
 Alvarado v Gaviola - Atty. Sebastian is against the the will, an exploration within its his designated heirs in uneven shares (without
ruling of this case. The court upheld the validity of confines, to ascertain its meaning or to prejudice to legitime) such that some may receive
the will despite the fact that the same was read to determine the existence or absence of more than the other
the testator only once, neither by the instrumental the requisite formalities of the law
witness nor by the notary public. Objective of a holographic will - secrecy
 Caneda v CA (L-3362) -
o Attestation clause valid even if in a
Advantages and disadvantages of a holographic will
language not known to testator. It is not
809 part of the testamentary disposition 1. Advantages
a. Can be made without a lawyer

14 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
b. Secrecy allowed under the principle of
2. Disadvantages substantial compliance  Coday v Calugay - decided by a division. 811 is
a. Susceptible to forgery mandatory because of the word "SHALL"
b. Does not give the assurance that the b. Where the date is embodied in the will  Sebastian: Coday cannot supersede Azaola
testator executed it freely i. Labrador v CA - the law does because the former was decided en banc
not specify a particular location
Requisites of a holographic will where the date should be
1. Entirely handwritten placed in the will. The only
a. All the three parts: requirements are that the date
i. Date be in the will itself and
ii. Testamentary dispositions executed in the hand of the
testator. In this case, the Signature at the end of the holographic will - To signify that
iii. Signature
placement of the date is valid it is the logical end. With this, if an additional disposition is
2. Date of a holographic will - The reliable indicator of
even if it was embodied in the found after the signature, a presumption arises that the same
testamentary capacity; presumably the true date of
testamentary dispositions "and is unauthorized
this being in the month of
Compared with a notarial will
It determines two things: March, 17th day 1968"
(I) Testamentary capacity Notarial Holographic
(II) Law applicable Additional disposition Only the additional
811 without codicil makes the disposition after the
a. Incomplete date entire will void signature is void provided
Need not be a complete calendar date. that the same is entirely
GR: Reference to an event which occurred on a written, dated and signed
definite date: ONDOY, CHRISTMAS DAY 2010) IS Proving the Authenticity of a holographic will by the testator
 Azaola v Singson - decided en banc. The first
EXPN: ides of March, 2016, March, March 15
paragraph of 811 is not mandatory but directory.
Again, under Article 811, the resort to expert
i. Roxas v De Jesus - As a general 813
evidence is conditioned by the words "if the Court
rule, the "Date" in a
deem it necessary", which reveal that what the law
holographic will should include
deems essential is that the Court should be
the day, month and year of its
convinced of the will's authenticity. Where the Validating date - the last testamentary disposition which is
execution. However, when as in
prescribed number of witnesses is produced and both dated and signed by the testatrix validates all prior
the case at bar, there is no
the court is convinced by their testimony that the ill dispositions which are not dated
appearance of fraud, bad faith,
is genuine, it may consider it unnecessary to call for
undue influence and pressure
expert evidence. On the other hand, if no
and the authenticity of the will
competent witness is available, or none of those
is established and the only 814
produced is convincing, the Court may still, and in
issue is whether or not the date
fact it should, resort to handwriting experts. The
"FEB./61" appearing on the
duty of the Court, in fine, is to exhaust all available
holographic will a valid
lines of inquiry, for the state is as much interested Customary signature sufficient
compliance with Art 810 of the
as the proponent that the true intention of the
NCC, probate of the Unauthenticated alteration
testator be carried into effect.
holographic will should be
15 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
 Kalaw v Reolva - Ordinarily, when a number of  Alejo v CA - A breach of 813 or 814 does not nullify Policy statement - undue influence by the stronger. While
erasures, corrections, and interlineations made by a will; it only voids a particular testamentary joint wills are void, and erroneous order of the probate court
the testator in a holographic Will have not been disposition admitting to probate a joint will, unless timely appealed, will
noted under his signature, x x x the Will is not attain finality
thereby invalidated as a whole, but at most only as
respects the particular words erased, corrected or De la Cerna v Rebaca-Potot
interlinked. However, when as in this case, the
 Same; Same; Probate decree of joint will affects
holographic Will in dispute had only one substantial
only share of deceased spouse.—A final probate
provision, which was altered by substituting the 816
decree of a joint will of husband and wife affects
original heir with another, but which alteration did only the share of the deceased spouse and cannot
not carry the requisite of full authentication by the include the disposition of said joint will, in so far as
full signature of the testator, the effect must be the estate of the latter spouse is concerned, must
that the entire Will is voided or revoked for the be, on her death, reexamined and adjudicated de
simple reason that nothing remains in the Will after novo.
that which could remain valid. To state that the Will 815, 816 and 817 are the conflict rules pertaining to the  Wills; Effects of validity of joint will as to share of
as first written should be given efficacy is to formal validity of a will wife who dies later than the husband.—Where a
disregard the seeming change of mind of the husband and wife executed a joint will and upon
Evidence required for the reprobate of wills admitted by the death of the husband said will was admitted to
testatrix. But that change of mind can neither be
foreign court probate by a final decree of the court although
given effect because she failed to authenticate it in
the manner required by law by affixing her full erroneous, and the wife dies later, it is held that
 Vda. de Perez v Tolete (76714) said first decree of probate affects only the estate
signature 1. The due execution of the will in of the husband but cannot affect the estate of the
 Sebastian: The decision failed to consider another accordance with the foreign laws wife, considering that a joint will is a separate will
aspect of the cancelation of Rosa's name as the 2. The testator as his domicile in the foreign of each testator; and a joint will being prohibited
instituted universal heiress of the testatrix. By country and not in the Philippines by law, the estate of the wife should pass upon her
canceling Rosa's name, the testatrix effectively 3. The will has been admitted to probate in death to her intestate heirs and not to the
revoked Rosa's institution. The revocation of an such country testamentary heir, unless some other valid will is
institution by means of the overt act of cancelation 4. The fact that the foreign tribunal is a shown to exist in favor of the latter or unless the
does not require the signature of the testatrix. probate court testamentary heir is the only heir of said wife.
Hence, with or without such signature, the 5. The laws of the foreign country on
institution of Rosa as thee universal heiress became procedure and allowance of wills
ineffective. In sum, the testatrix died without a
valid and effective will. 819
Articles 813 and 813 do not form part of the formal requisite 818
a valid will
Joint wills executed by any Filipino anywhere cannot be
Nature of joint wills - testamentary dispositions contained in allowed.
Formal validity Substantive validity a single instrument made jointly by two or more testators. Sebastian: It does not apply to foreigners because 816 and
Notarial: 804, 805, 806, 813, 814 817 permit a foreign national to observe the formalities
807, 808 EXPN: Where it is physically possible to segregate the
dispositions of each testator into separate instruments, each prescribed by his national law
Holographic: 804, 810
Probate order being complete in form, the wills cannot be considered joint.

16 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Subsection 4 - Witnesses to Wills Domiciliary requirement - not mandatory if probate Exception to the rule - nullified by 1027
proceedings were held in foreign jurisdiction. Additionally,
the domiciliary requirement should be deemed fulfilled if on Compulsory heir as witness - Nullification of legacies or
probate, the witness, while a non-domiciliary, is physically devises is limited to that which exceeds the legitime.
820 present in court to testify. Creditor as witness - also prohibited but not disallowed to
Disqualification due to criminal conviction - falsification, collect his claim against the estate of the testator. It is not a
perjury, false testimony: HONESTY. gift by a repayment of what the testator lawfully owes the
Application of the law - Notarial will only latter.
Credible v Competent witness - Competence may have to be Disqualification of Notary Public
Persons claiming under the witness, his spouse, descendants
proved (if challenged); Credibility is a matter addressed to the  Cruz v Villasor (54 scra 31) - The notary public or ascendants
court that will hear his testimony. It is not required that the before whom the will is acknowledged cannot be
credibility of the witnesses be established before such one of the instrumental witnesses to the will  "Claimant" - creditor of witness and/or members of
witness testifies his immediate family.
 The creditor cannot derivatively make a claim on
 Gonzales v CA - In fine, We state the rule that the the legacy or devise which is void as to the primary
instrumental witnesses in Order to be competent 822 beneficiary
must be shown to have the qualifications under
Article 820 of the Civil Code and none of the
disqualifications under Article 821 and for their
Subsequent incapacity 824
testimony to be credible, that is worthy of belief
and entitled to credence, it is not mandatory that  Soundness of mind - must be possessed when a
evidence be first established on record that the witness takes the witness stand
witnesses have a good standing in the community  Not required to be continuing. Reason for the rule
or that they are honest and upright or reputed to  Subsequent insanity would make him unfit to take
be trustworthy and reliable, for a person is the witness stand  "charge" - to hold the estate liable for the payment
presumed to be such unless the contrary is of the debts. It is not a gift.
established otherwise. In other words, the  The creditor not precluded from recovering his
instrumental witnesses must be competent and claim even if he testifies for or against the probate
their testimonies must be credible before the court 823 of the will.
allows the probate of the will they have attested.
We, therefore, reject petitioner's position that it
was fatal for respondent not to have introduced Persons prohibited from obtaining benefit under a notarial
prior and independent proof of the fact that the will
witnesses were "credible witnesses that is, that
they have a good standing in the community and 1. Attesting witness
reputed to be trustworthy and reliable. 2. The spouse of the witness
3. Th parents of the witness
4. The child or children of the witness
5. Anyone claiming under such witness
Nature of the prohibition - The testamentary benefit is
annulled but it does not prevent him to act as witness

17 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Subsection 5 - Codicils and incorporation by

Attachments to a will

1. Must be in existence at the time of execution of the

Functions of a codicil
1. Adds, explains, modifies the provisions of a VALID 2. Must clearly describe and identify the documents
antecedent will being incorporated
a. both the antecedent will and the codicil 3. During probate, the incorporated document must
must be preserved so they can be be clearly identified by satisfactory evidence as the
presented to the probate court document referred to in the will.
2. Revokes the VALID antecedent will 4. The incorporated document must be signed by the
a. The antecedent will shall be preserved testator and the witnesses on each and every page
b. Theory of dependent relative revocation - thereof
the effectivity of the revocation of the 5. If a document is incorporated to a notarial will be
antecedent will is dependent on the reference, the number of pages of the will as stated
admission to probate of the subsequent in the attestation clause should include the
revoking codicil number of pages of the attached document.

Adding a codicil to a holographic will is allowed but Incorporation by reference in a holographic will
 No jurisprudence yet as to whether or not the same
applies to holographic wills


Formalities of a codicil - may either be notarial or

holographic. Must conform with the provisions.

Testamentary capacity - must be in existence at the time of

execution of codicil

 Valid codicil cannot give life to invalid will

 Valid codicil with testamentary dispositions cannot
give life to an invalid will BUT the dispositions may
be given effect if admitted to probate.

18 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Subsection 6 - Revocation of wills and 2. Revocation by the execution of another will or Signature/date cut
testementary dispositions codicil or burned.
a. Conditional revocation - suspensive iii. Testamentary capacity
condition; "the will is deemed revoked is iv. Animus revocandi/intent to
the testator should contract a valid revoke.
828 marriage" Sebastian's hyopthetical
b. Express and implied revocation scenario: What if the testator
i. EXPRESS: "revocatory clause" who destroyed the will by
1. A will is ambulatory - testamentary capacity must by a subsequent will or codicil obliterating his signature
be possessed at the time of revocation ii. Implied: Irreconcilable changed his mind and re-
2. Revocation is a personal act of the testator - inconsiency affixed the same? Is the validity
notarial wills may likewise be revoked by some c. Requisites of revocation by means of a of the will restored? No. He has
other person so long as 805 is followed subsequent will to re-execute the will
i. Testamentary capacity v. The overt act must be executed
ii. Must be definite by the testator personally or
1. Revocatory clause through some other person
829 2. irreconcilably under his express direction and
inconsistent in his presence (by merely
iii. Revoking will must be formally casting his eyes, he can see the
Conflict rule on revocation of wills valid and admitted to probate act without any obstruction)
3. Revocation by means of an overt act
Place of revocation Applicable law a. Requisites of revocation by overt act - Testate estate of Adriana
Revocation outside the Domiciliary law of the Any act which is consistent with the Maloto v CA - The will is not
Philippines by a non- testator; or law of the place notion "destruction of the will" or considered revoked first, the
domiciliary where to will was executed
otherwise consistent with the idea of there is animus revocandi, the
Revocation within the Philippine law
rendering the will useless or ineffective alleged "overt
should produce the same effect as those act was not proven to be done
Revocation outside the Philipp law; or law of the
acts of revocation enumerated in 830; in the presence of the testator
Philippines by a domiciliary place of revocation
e.g. if the testator wrote the words "null and by his express direction
and void" across the face of the will and b. Partial revocation by means of overt act -
signs it, it is considered revoked even if only some parts of the will
the paper is not physically destroyed. c. Presumed revocation
830 i. Overt act must be consistent i. Where a will which can be
with the notion of revoking a found is shown to have been in
will the possession when last seen,
Modes of revoking a will ii. The testator must complete in the absence of other
the subjective phase of the competent evidence, the
1. Revocation by implication of law overt act. - must perform all testator cancelled or destroyed
FC 44: bad faith on the part of both spouses on a acts of execution the same
subsequent marriage 1. Even if only a small ii. The testator had ready access
FC 63: Legal separation; offending spouses portion is destructed will and it cannot be found
disqualified to inherit if such part is after his death
19 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
iii. Gago v Mamuyac - The will for  Not cause/consideration contemplated in oblicon
Fr. Mamuyac canot be found but the "REASON" of revocation.
after his death. There is  The reason for nullity is that the reason is vitiated
positive proof that the same by "MISTAKE"
had been cancelled. Hence, the  Can only be invoked if the revocation of the prior
carbon copy of the will cannot will through the execution of another will or codicil
be admitted to probate. Copies wherein the cause of revocation is explicitly stated
of wills should e admitted by  Elements:
the courts great caution. o Testator revoked a will
o He specified the cause of revocation
o It turned out the cause is false
Non-applicability of theory - not applicable through overt

Total or partial implied revocation


Illegitimate filiation

The revocation of a prior will takes effect even if the revoking  Art 172, FC: "Ad admission of legitimate filiation in
will is inoperative. A will is inoperative if: a public document or a private handwritten
1. Heirs designated in the revoking will cannot inherit o Notarial will: Public document
from the testator either because they predeceased o Holographic will: Private handwritten
the testator (no representation) or are instrument
incapacitated to inherit (no representation) o Admission to probate not necessary
2. or the revoking will fails to designate any  Does not establish filiation:
beneficiary o Testator was insane
This provision presumes that the revoking will or codicil is o Testator's signature was procured by
valid and was duly admitted to probate force, violence, intimidation, undue
influence, fraud, mistake
o Forgery


False cause

20 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Subsection 7 - Republication and Revival of wills 1. The testator executed a first formally valid will
2. The testator executed a second formally valid will
whose provisions are irreconcilably consistent with
those of the first will
835 3. The second will does not expressly revoke the will,
but because of the irreconcilable inconsistency
836 between the provisions of the two wills, the second
will implicitly revoked the first
4. The testator revoked the second will


 A will that is void as to form is rectified by re-executing  If a will if expressly revoked by another will, the
the same revocation of the latter will does not revive the
 A revoked which is valid as to form is brought back to former. (but it may be republished by another will
life through the execution of a codicil that makes or codicil which should make reference to it)
reference to the antecedent void will  If a will is impliedly revoked by another will, the
revocation of the latter revives the first.
 Forms of republication
1. Will is void as to form - re-executing the
will in compliance with the present law
2. Will is formally valid but revoked -
Execution of a subsequent valid codicil
that makes specific reference to the
revoked will

Effects of republication by means of a Codicil

1. As to amendment - if amended through a codicil,

the will is deemed amended
2. As to effectivity - the date of republication. Hence,
the will would pertain to the present property of the
testator at this time
3. As to governing law - law at the time of


Revival of wills - reinstatement of will by operation of law

Requisites (automatically revived)

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Subsection 8 - Allowance and disallowance of wills a. Pastor v CA - a legacy not a debt of the 3. There are at least 3 witnesses who signed
estate for which a writ of execution may each and every page of the will
issue. 4. Each of the pages of the will is
b. Jimenez v IAC - the question of ownership correlatively numbered
838 is an extraneous matter which the 5. The will is acknowledged before a notary
probate court cannot resolve with finality public
 Holographic
Nature and necessity of probate 4. Exception to the scope of inquiry 1. The entire will is in the handwriting of the
a. Nepomuceno v CA - if a will is void on its testator
 Probate is a condition precedent to the passage of face, court pass upon the validity of the 2. The will is dated
property by a will will where not useful purpose will be 3. The signature appearing at the end is
served by requiring the filing of a that of the testator
separate civil action and restricting the
court only to the issue of extrinsic vality, Probate of a lost will
1. Probate proper (RTC; Rules of Court)
a. Testamentary capacity  Lost notarial will - 804-808 must be proven
Types of probate
b. Compliance with formal requisites
 Lost holographic will - totally dependent on
c. The fact that the document was indeed 1. Ante-mortem probate - During the lifetime testimonial evidence. One/three/experit witnesses
the will of the testator 2. Post-mortem probate - After the death  Gan v Yap - the authenticity of the testator's
d. The fact that the testator freely and 3. Reprobate of a will - reprobate of a will that has handwriting in a photocopy of a missing
voluntarily executed the same been admitted by a probate court in a foreign holographic will can be verified by a comparison
2. Partition of the estate jurisdiction. with an acceptable standard
a. Intrinsic validity
a) Secondary evidence of a lost will
b. Actual partition Matters to be proved: i. Rodelas v Aranza - photostatic
a. Due execution in accordance with copy may be used
 Rodriguez v Rodriguez - Partition agreement which foreign laws b) Evidentiary rule of a machine copy of a
was executed pursuant to a will that was not b. The domicile of the testator is in the lost will - probate court not justifiedd in
probated has no effect foreign country denying probate simply because the
 Heirs of Rosendo Lasam v Umengan - an c. The will has been admitted to probate in original copy of the holographic will is not
unprobated will cannot be a source of any right; the such country presented for examination
presentation of the will for probate is mandatory d. The fact that the foreign tribunal is a
and is a matter of public policy probate court
e. The laws of the foreign country on
Jurisdiction of probate court; effect of judgement 839
procedure and allowance of wills
1. Scope of inquiry (mentioned above)
Presentment of a will
a. Gallanosa v Arcangel
2. Extrinsic and intrinsic validity Grounds to disallow a will
 Custodian is obligated to deliver the will to the
a. Dorotheo v CA court within 20 days from learning of the death of 1. Failure to comply with formal requisites
3. Issue of ownership - a probate court may the testator under the pain of penalty 2. Lack of testamentary capacity
provisionally pass upon questions of ownership, but  Scope of inquiry in a notarial will: 3. Vitiated consent
such determination is without prejudice to the filing 1. The testator signed the end
of a separate reinvidicatory action by aggrieved 2. The testator signed in person or through Want of testamentary capacity; non-compliance with formal
party. another requirements - discussed in796 - 810

22 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Vices of consent (intelligent, free, spontaneous) a. Presumption of undue influence does
not apply when the will is drafted by a
1. Mistake - if at the time of its execution the testator lawyer
did not know that the instrument he signed is a b. Family relations of subscribing witnesses
testament that will govern the disposition of his with testator or beneficiaries do not
estate upon his death and that he consequently affect the validity of the will
signed by mistake 3. Ozaeta v Cuertero - The allegation that a testator
2. Force was unduly influenced by the person with whom he
a. irresistible temporarily lived is negated by the fact that the
b. determining cause testator did not revoke the will when he stepped
3. Intimidation - internal force out of the house of the supposed influencer -
a. must have caused the giving of consent RATIFICATION
b. the threatened act must be unjust or 4. COSO v Fernandez-Deza - The oppositor has the
unlawful burden of proving undue influence. The testator's
c. The threat must be real and serious strong affection for a particular person does not
d. the intimidation produces a reasonable prove that the latter had exerted undue influence
and well-ground fear that the intimidator on the former
has the necessary means or ability to 5. Ortega v Valmonte - The fact that the testator was
inflict the threatened injury an octogenarian and that his wife was 52 years his
4. Undue influence - moral coercion; any means junior does not establish the fact that the wife had
employed upon a person which under the defrauded the testator into signing the will; neither
circumstances he could not resist, and which does the omission of relatives from the will
controlled his volition and induced him to give his a. Conflict between dates does not
consent which otherwise he would not have given. invalidate the document because the law
5. Fraud - deception. leads one person error so he does not even require that a notarial will
would give his consent to execute an act be executed and acknowledged on the
a. Employed by a party upon a counter- same occasion
party b. Testamentary incapacity does not
b. it is serious require that a person shall actually be
c. it induced the other to give consent insane or of unsound mind
d. resulted in damage or injury to the party

Jurisprudence on Vices of consent

1. Baltazar v Laxa - In order to invalidate a will, the

vice of consent must be proved. A will cannot be
declared void on the basis of unsubstantiated
allegations of intimidation, undue influence or
2. Pascual v De la Cruz Ozaeta v Cuartero - That the
testatrix lived with the heir does not per se indicate
that the latter had unduly influenced the former in
the making of the will
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Section 2 - Institution of heirs Vacancy in the inheritance due to incapacity or repudiation -

GR: Vacancy or repudiation does not necessarily invalidate
the will or make it inoperative

EXPN: In case of repudiation by a sole heir and substitution Identification of heir - disposition may be declared void if the
Inaccuracy of the definition of "heir" in this article was no provided by the testator heir cannot be specifically identified; identification by name
not necessary when described properly
 Sebastian: All persons designated by the testator in
his will to succeed him in his property, rights and Validity of class institution
obligations shall fall within the definition of an heir.
 Legatees and devisees are not heirs because they
are given specific properties, not just aliquot 846
shares. Freedom dispose property

Requisites of a valid institution  Limitations:

1. Laws declaring certain persons to be Principle of equality - must be of the same class e.g. both
1. The will must be extrinsically valid incapacitated to inherit compulsory or both voluntary.
2. The institution of heirs must be compliant with the 2. Laws declaring certain testamentary
relevant provisions of substantive law. 1. The first approach
provisions to be void
3. The institution of heirs must be free from vices of 2. The second approach
3. Testamentary dispositions which the
consent supreme court has ruled to be against (SEE COMPUTATION ON PP 327-328)
4. The testator must personally institute the heir morality and/or public policy a. Dizon-Rivera v Dizon - the court enforced
5. The instituted heir must be clearly identified the partition of the estate
1. Incapacity to succeed of heir notwithstanding the impairment of the
2. Disqualification of an heir legitime, and ordered that, following the
841 a. Declaration of nullity of marriage provisions of 906 and 907, the deficiency
b. Annulment owing to the prejudiced compulsory heir
c. Legal separation be reimbursed by Marina and Tomas in
3. Testamentary provisions that are void Cash
Institution of heirs not necessary - not the only way to dispose
a. If a person attests to the execution of the
the estate. There are others, to wit: The testator's wishes and intention constitute the first and
will who, or whose relatives are
principal law in the matter of testaments, and to paraphrase
 partition through legacies and devises voluntary heirs or legatees or devisees
an early decision of the Supreme Court of Spain, when
 disinheritance b. Fideicomissiary substitution not in an
expressed clearly and precisely in his last will amount to the
express manner
only law whose mandate must imperatively be faithfully
Complete distribution of estate not necessary c. Provision declaring all or part of estate
obeyed and complied with by his executors, heirs and
inalienable for more than 20 years
Partial intestacy devisees and legatees, and neither these interested parties
nor the courts may substitute their own criterion for the
Avoidance of partial intestacy - application of 793; Can testator's wiIl.
dispose future property provided testator expressed such 843
intention in the will Where the testator in her will specified each real property in
her estate and designated the particular heir among her

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compulsory heirs and grandchildren to whom she  GR: The statement of an incidental false cause in
bequeathed the same, the testamentary disposition was in 847 the institution of an heir will not affect the validity
the nature of a partition of her estate by will. This is a valid of the institution of the heir.
partition of her estate, as contemplated and authorized in  EXPN: If it appears from the will that the testator
the first paragraph of Article 1080 of the Civil Code. This right would be deemed to not to have made such
Collective institution -- SEE COMPUTATION ON PAGE
of a testator to partition his estate is subject only to the right institution had he known the falsity of the
of compulsory heirs to their legitime 337 incidental cause for the institution of the heir, the
testator would be deemed to have acted on the
The repeated use of the words "I bequeath" in the
basis of mistake of fact which under the la a vice of
testamentary dispositions acquire no legal significance, such
848 consent. Hence, the institution of the heir is void.
as to convert the same into devises to be taken solely from
 Requisites to VOID an institution based ona false
the free one-half disposable portion of the estate where the
testator's intent that his testamentary dispositions were by
1. The testator must expressly state in the
way of adjudications to the beneficiaries as heirs and not as Reason for equality - Because brothers and sisters are not
will the incidental cause for the
mere devisees, is clear and that said dispositions were borne compulsory heirs, when a testator makes a provision in their
out by the use of phrase "my heirs in this testament" favor without any indication of preference, they inherit in
2. The cause must be shown to be false
referring to the "devisees." equal shares.
3. It must appear on the face of the will that
The forced heirs may not legally insist on their legitime the testator would have not made such
being completed with real properties of the estate instead of institution if he had known the falsity of
being paid in cash as provided in the will. The properties are 849 the cause.
not available for the purpose where the testatrix had  Austria v Reyes - testacy is preferred over intestacy.
specifically partitioned and distributed them to her heirs, and Because the testator in this case failed to specify
the heirs are called upon, as far as feasible to comply with Proscription against successive institution - Not allowed the alleged "False cause", then we cannot
and give effect to the intention of the testatrix as solemnized invalidate the will
because it permits the testator to control subsequent
in her will by implementing her manifest wish of transmitting
transmissions of property from his grave. Exception:
the real properties intact to her named beneficiaries under
the will. That the purchasing value of the Philippine peso has fideicomissary substitution. Hence, a testator cannot give an
greatly declined since the testatrix' death provides no legal inheritance to his eldest child and thereafter to the rest of his 851
basis or justification for overturning the wishes and intent of other children successively until the inheritance finally goes
the testatrix. The transmission of rights to the succession are to his youngest child
transmitted f rom the moment of death of the decedent and
accordingly, the value thereof must be reckoned as of then, Causes of partial intestacy - the 2 causes mentioned here are
as otherwise, estates would never be settled if there were to not exclusive. The ff are the causes of partial intestacy:
be a subsequent fluctuation in the values of the currency and
1. One heir, aliquot part
properties of the estate.
2. Several heirs, aliquot part, do not cover the entire
The "cause" of acts of pure beneficence - the liberality of the
Sebastian: Legitime is the minimum guaranteed amount that 3. predecease of heir, legatee, devisee
grantor. It can never be false. "I love you" is not a cause.
a compulsory heir should receive from the testator, unless the 4. repudiation when right of representation or
compulsory heir is lawfully disinherited, or otherwise Institution with a false cause accretion is not applicable
declared incapacitated or disqualified to inherit from the 5. Legatees or devisees fail to or are otherwise
testator  "Cause" is the incidental reason for the institution incapacitated to receive gifts

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1. Testator disposes the entire estate by will and preterition, he total omission of the
852 - sole heirs, proportionate omitted a compulsory heir surviving spouse does not
increase 2. Compulsory heir given less than the legitime b. Acain v IAC -total omission of adopted
3. Testator dissipates the estate in his lifetime child; preterition.
through a single donation or a series of donations c. SEBASTIAN - if a surviving spouse is
Application of Article 852 given to other compulsory heirs to strangers which totally omitted in the will of the deceased
results in deprivation of legitime spouse, the remedy of the survivor is not
1. All are compulsory heirs to claim preterition under Art 854 but to
2. All are voluntary heirs Requisites of preterition demand the completion of his or her
3. Combination of both legitime pursuant to Art 906 of NCC
1. The preterited compulsory heir is totally omitted
a. Received nothing from the testator by 4. The omitted compulsory heir must survive the
Incomplete distribution testator
donations inter vivos which the law
considers as an advance legitime and a. If not yet conceived nor born at the time
Illustrations - SEE COMPUTATIONS ON PP 345- of the execution of the will, there is no
therefore creditable thereto
348 b. Received nothing from the testator by preterition
will because he or she had been totally i. EXPN: Article 41. For civil
1. All voluntary heirs purposes, the foetus is
2. All compulsory heirs omitted therefrom
c. Will receive nothing by way of intestate considered born if it is alive at
3. Compulsory and voluntary heirs concurring the time it is completely
succession because the testator disposed
the entire estate by will delivered from the mother's
d. Aznar v Duncan - Whether the testator gave a womb. However, if the foetus
853 legacy to a person, whom he characterized in had an intra-uterine life of less
the testamentary provision as not related to than seven months, it is not
him, but later this person was judicially deemed born if it dies within
declared to be his acknowledged natural child,
the case is not a case of preterition but a case of twenty-four hours after its
Proportionate reduction of shares
completion of legitime. The institution in the complete delivery from the
will would not be annulled. There would be no maternal womb. (30a)
Illustrations (SEE COMPUTATION ON PAGES 349- intestacy.
352) 2. The omitted heir must be a compulsory heir Distinction between preterition and ineffective
3. The omitted compulsory heir must be an heir in the disinheritance
1. All voluntary heirs direct line - A direct line is that constituted by the
2. All compulsory heirs series of degrees among ascendants and PRETERITION INEFFECTIVE
3. Compulsory and voluntary heirs concurring descendants. The compulsory heirs in the directline DISINHERITANCE
are, with respect to the testator, his children and 854 918
other descendants and his par and other Presumed unintentional Intentional; with a cause
ascendants. The preterition of a parent or other (mistake or oversight)
ascendant depends on whether or notthe ommitted Annuls the institution of Annuls the institution of
heirs in its totality; triggers heirs only insofar as it may
parent ascendant inherits as a compulsory heir of
either partial or total be necessary to give the
the deceased child or descendant in the particular
Protection of legitime intestay legitime of the heir who
case QUESTION: has been ineffectively
3 ways of preterition: a. Balanay v Martinez - While the total HOW CAN IT BE PARTIAL? disinherited.
omission an adopted child results in Legitime + share in DFP Heir receives merely his or
her legitime

26 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Illustrations (SEE COMPUTATIONS ON PP 379-
Effects of preterition (SEE COMPUTATION ON PP 1. Recovery from the undisposed portion of the
370-371) estate
2. Recovery from the undisposed portion of the
1. Annulment of the institution of heirs resulting in estate with reduction of legacies
total intestacy 3. Recovery from the undisposed portion of the
2. Annulment of the institution of heirs without estate with reduction of shares of compulsory and
prejudice to a legacy voluntary heir
3. Annulment of the institution with reduction of

Preterition: An issue of substantive validity of the will 856

 Nuguid v Nuguid - As a general rule, the question of

preterition should not be raised during probate
proceedings, and the probate court should not Representation in testamentary succession
entertain such issue. However, when practical
1. A voluntary heir cannot be represented
considerations demand that the intrinsic validity of
2. A compulsory heir who predeceased or is
the will be passed upon, even before it is
incapacitated to inherit from the testator may be
proobated, the court should meet that issue e.g.
represented by his own heirs:
a. Descending, never in the ascending
Law governing the issue of preterition - National law of b. Limited to the legitime
decedent; Art 16 c. Must not be barred to inherit form the
testator by 992 or any other reason
 Cayetano v Leonidas - The law which govern's 3. A repudiator cannot be represented
Adoracion's will he law of Pennyslvania, USA, which
is the national law of the decedent. Hence, testator
may give a way his estate to a complete stranger


Omission not total - there is no preterition when heir can

recover his or her legitime from the undisposed balance of the
hereditary estate (if not complete disposed by testator). If the
undisposed portion be insufficient, the there shall be a
proportionate reduction of the shares of complusory heirs to
satisfy the same. The mode of recovery is similar in P906.

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Section 3 - Substitution of heirs 2. Fideicommissary Unforeseen contingency

857 859 862

Vacancy in the inheritance (causes) Simple substitution Applicability of the conditions of the substitute - Similar to
subrogation, except:
1. Predecease  A substitution couched in general terms without
2. Incapacity specifying the cause shall include all the 3 1. If the testator expressly so provided
3. Repudiation contingencies. 2. If the charges or conditions are personal to the
 But if the testator specifies, then that specific cause instituted heir
Remedies: is the only ground for substitution 3. If the charges or conditions cannot be fulfilled by
the substitute
1. Substitution Illustration of simple substitution
2. Representation
3. Accretion (SEE COMPUTATION ON PAGE 387)
863 - fideicommissary

Deficiency of the definition - did not include fideicommissary

Objectives of substitution Nature of fideicommissary substitution - it is not a real case
of substitution; it is essentially a case of limited successive
1. Prevent distribution of vacant portion by intestacy institutions disguised as a substitution.
2. Greater flexibility in disposing Brief and compendious substitution
3. Prevents the estate to come into the hands of Requisites of Fideicommissary substitution
1. Testator institutes a first heir or bequeaths to a
PAGE 388 legatee or devisee (the fiduciary) a specific
858 a. Fiduciary is not a mere usufructuary. He
inherits the property and the full
861 ownership thereof
Types of substitution b. Vda de Mapa v CA - Ludovico Hidrosollo
was a trustee of the subject property and
1. Simple Reciprocal substitution - bilateral not a fiduciary in a fideicommissary
a. Brief - substitute takes place of the heir substitution because the alleged
who defaults SEE PP 389-393 fideicommissary substitution was not
b. Compendious - One substitute is made in an express manner either by
appointed for two or more instituted Substitution among voluntary heirs designating the substitution as such, or
heirs by imposing upon the fiduciary the
Substitution among compulsory heirs
c. Reciprocal - two or more heirs are obligation to preserve and to transmit
instituted and each of them is a Illustration the property to the fideicommissary.
substitute for the others

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1. Trustee holds legal Purpose of the law - reinforces 863; to prevent circumvention 1. the first usufructuary is the fiduciary and
title but not of the limitations set forth by law the second usufructuary is the
beneficial rights fideicommissary
2. The testator imposes upon the fiduciary the duty 2. First degree
to preserve the inheritance and to transmit the 3. Both the first and second usufructuaries
868 - Substitution in favor of
same in whole or in part to the second heir (the must be alive at the time of death of the
fideicommissary is an accessory to
fideicommissary) testator
the institution of the fiduciary.
a. Resolutory condition: Death of fiduciary. 4. The first usufructuary must preserve the
Upon such fideicommissary takes title to usufruct and must transmit the same to
property the second usufructuary
b. The substitution must not go beyond one If the fiduciary and fideicommissary are not related to each 5. Both must be capacitated to inherit from
degree apart from the fiduciary - blood other within the first degree of consanguinity, or if the the testator
relationship between the fiduciary and fideicommissary is incapacitated to inherit from the 6. The nullity of the institution of the
the fideicommissary (Ramirez v Ramirez) testator, or if the fideicommissary repudiates the second does not affect the first who shall
3. The fiduciary and fideicommissary must be living at inheritance, the fiduciary receives the property free and receive the usufruct free and clear of
the time of the death of the testator clear of the substitution substitution and vice versa
4. The substitution must be made in an express
manner by naming the substitution as
fideicommissary; or in the alternative, the testator 869 870 - 20 years
must explicitly impose upon the fiduciary the duty
to preserve the inheritance and to transmit the
same to the fideicommissary.
Distinction between Naked title and usufruct The perpetual prohibition to alienate the
a. Crisologo v Singson
 The recipient of the naked title cannot enjoy the inheritance is void
usufruct thereof, and neither can the usufructuary
864 claim title to the property.
 Unless the testator otherwise provides, upon the
demise of the holder of the naked title, the
property passes his own heirs
 However, upon the demise of the usufructuary, the
866 - It is sufficient that the usufruct is extinguished unless a contrary intention
fideicommissary should survive the appears.
testator, even if he should  The testator may provide for the consonlidationo
predecease the fiduciary. In the latter of naked title and usufruct to one of the heirs at
case, the heirs of the fideicommissary some future time.
shall acquire the property on the date
designated for the substitution, or Statutory limitation on successive usufructs
upon the demise of the fiduciary
 If the testator were to grant the usfufructuary
rights to two or more persons successively, the
867 limitation imposed by 863 must be complied with.

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Section 4 - Conditional Testementary 1. Deceased spouse
873 2. Deceased spouse's ascendants and descendants
dispositions and testementary dispositions a. Parents
with a term b. Children
Impossible conditions
Relative prohibition to marry - generally valid; resolutory
 Prohibited: positive and suspensive conditon. If breached, heir shall surrender the inheritance to
871 he estate
 Allowed: Negative and/or resolutory e.g. NOT
MAKE A DEAD MAN LIVE AGAIN Condition imposing marriage - valid
Conditional institution Effect of an impossible condition - deemed not imposed Testementary gifts while remaining single or state of
Compared to impossible conditions in an obligation - in obli, widowhood - valid; resolutory condition
1. Institution subject to a suspensive condition
a. If at any time it becomes indubitable that the entire obligation is nullified
the event will not happen, the condition
Time of impossibility - time of execution of will. In the event 875
is deemed not fulfilled and the
of supervening impossibility, the beneficiary of the
institution, legacy or devise becomes
conditional testamentary disposition should be disqualified
from receiving the gift
2. Institution subject to a resolutory condition Dispocicion Captatoria - condition that the heir shall make
Requisites of conditional institution  Condition to a nephew to be a priest - nephew some provision or of the testator or any other person
contracted a valid marriage: legacy should not be designated by testator is void
1. Condition must be expressly stated in the will given
a. or in any other document provided it  Set foot on planet mars Reasons why it is void
complies with the formalities of a will 1. Reduces will making into a contractual act
2. Condition must be clear 2. Enables the testator to indirectly control the estate
a. If not clear or impossible, it is deemed of the heir upon whom the prohibited condition
not imposed. imposed
b. The nullity of the condition does not 3. Compels the heir to make a will.
necessarily include the nullity of the 4. Disposition of the estate of the testator may be
institution Condition not to marry - first marriage; nullity; deemed not
held in abeyance for an indefinite period
Agreements not constituting a Dispocicion Captatoria
Condition prohibiting subsequent marriage - Valid
872  Separate agreement between the testator on one
Justification for the prohibition
hand and an heir, legatee or devisee on the other,
1. Family affection to the effect that the latter will make some
Exclusion of the legitime - if the testator provided a provision 2. Tumultuous relationship provision in his will in favor of the testator or the
which imposes a condition that shall happen first before an 3. To prevent the property that once belonged to the testator's nominee
heir can receive his share in the estate, the provision MAY be deceased spouse from being enjoyed by, or worse, 1. In his will a testator unconditionally gave
valid it exceeds the legitime, because the condition is deemed from being transferred to, intentionally or X a legacy worth P100,000. In aseparate
imposed as to is share to the DFP. If it covers only the legitime, accidentally, the spouse of the second marriage agreement which is not part of the will,
it is deemed not imposed. X, in consideration of the legacy,
Who may impose the prohibition promised the testator that he (the

30 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
legatee) would make some testamentary  Both must be suspensive that the negative potestative condition can no
provision in favor of the testator's son Y longer be breached.
2. A testator in his will gave X a legacy of Time of fulfillment of the condition - any time before or after  The administration of the property will come to an
Php 100,000 on the condition that within death end if at some future time the heir, legatee or
the period of 6 months from the devisee is able to post a security which is approved
Compared to the fulfillment of a potestative condition - must
testator's death, the legatee shall give a by the probate court.
be immediately fulfilled after death
donation inter vivos to the testator's son
Y in an amount not less than Php 20,000
 Sebastian: In both cases, the legacy to X should be
nullified. While these cases do not squarely fall into 878
the definition of disposicion captatoria, it is
undeniable that X's undertakings are meant to
circumvent the statutory prohibition. A contrary 880
Effect of a suspensive term - heir acquires ownership
rule would make a mockery of the law. immediately. It merely defers the demandability of the
Conflict with Article 885
Effect of a resolutory term - entitles the heir to claim
inheritance as soon as it becomes available. Upon the  Solution:
expiration of the term, the ownership of the heir over such 1. If suspensive condition, 880 applies
property likewise expires 2. If term, 885 (heirs will administer) applies
Testamentary dispositions with positive, potestative and
suspensive condition Administration of the property in cases of dispositions
subject to a negative potestative condition
 Immediate compliance cannot always be 879
demanded 879 880
 Will must be admitted to probate Beneficiary must provide a If unable to post security,
security that he shall not do the property subject
Negative potestative condition
Prior compliance or give that which has been matter shall be put under
Effect of a negative potestative condition - A breach thereof prohibited by the testator. administration
 GR: Fulfillment during lifetime is not considered as results in the extinguishment of the title and consequently the
compliance with the condition obligation to return the same to the estate + fruits
 EXPN: If fulfilled during lifetime and cannot be Application of Article 880 (three specific circumstances)
fulfilled again after death, then it is deemed The security 1. If the condition to the testamentary disposition is
sufficient both negative and potestative and the heir, legatee
 a pre-requisite
or devisee is unable to post the required security
 the law does not specify the type of security that
2. If the testamentary disposition is subject to a
must be given.
877 suspensive condition
 May be a registered mortgage, pledge, hold-out,
3. If an heir fails to deliver the security required under
performance bond, or any other security
a modal institution
Testementary dispositions with causal and mixed conditions  If the heir, legatee, or devisee is unable to post a
security, the property shall be put under
 Casual: Upon chance administration until such time it becomes clear
 Mixed: Party upon chance and party upon will

31 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Constitution of a mode (mandatory Resolutory -
881 - appointment of admins immediately
1. The object of the institution (purpose) demandable
2. The application of the property given provided he posts
3. The charge imposed on the recipient security
Governing law - rules of court
(burden; something onerous you have to
do; counter-prestation) As to imposition Responsibility Suspensive -
 In sum, a modal institution is premised on a of an obligation on the part of suspended, but
882 categorical directive expressed by the testator, and the recipient. imposes no
the recipient is under a legal obligation to comply Efficacy of the obligation on the
therewith under the pain of losing the gift gift not part of the recipient
Modal institution and its effects

 Modal institution imposes a specific obligation Rules of interpretation Net effect of modal institution - same effect with a
which the heir, legatee or devisee must comply negative resolutory condition
with 1. In case of doubt as to WON modal or conditional,
 A suspensive condition suspends but does not MODAL The Security - mandatory.
obligate. A mode obligates but does not suspend. 2. WON mode or a mere suggestion: SUGGESTION.
 Sebastian: Failure to post security:
 Rabadilla v CA
Enforcement of a mode administration
Same; Same; Same; Distinction between modal
institution and conditional testamentary
disposition.—The institution of an heir in the
1. Beneficiary may be
manner prescribed in Article 882 is what is known a. Specific person or persons
in the law of succession as an institution sub modo b. Undetermined persons 883
or a modal institution. In a modal institution, the c. No particular person at all
testator states (1) the, object of the institution, the
2. Means:
purpose or application of the property left by the
testator, or the charge imposed by the testator a. Specific performance Substantial compliance with a modal institution
upon the heir. A “mode” imposes an obligation b. Retrieval of the legacy together with the
upon the heir or legatee but it does not affect the fruits and interest and/or recover the Waiver of benefit - If waived by the beneficiary, the
efficacy of his rights to the succession. On the other security heir, legatee or devisee need not comply with the
hand, in a conditional testamentary disposition, mode
the condition must happen or be fulfilled in order
Modal institution compared with conditional institution
for the heir to be entitled to succeed the testator. Prevention principle - deemed fulfilled if the heirs
The condition suspends but does not obligate; and
the mode obligates but does not suspend. To some
Modal Conditional who stand to benefit from the non-fulfillment
extent, it is similar to a resolutory condition. Effect of breach forfeiture + same deliberately or maliciously prevented the
fruits and performance of the modal
Same; Same; Same; In case of doubt, the interest
institution should be considered as modal and not As to posting of YES YES (resolutory)
conditional.—Then too, since testamentary security
dispositions are generally acts of liberality, an 884
obligation imposed upon the heir should not be As to at once, Suspensive -
considered a condition unless it clearly appears demandability of subject to the condition must
from the Will itself that such was the intention of the gift posting of happen first even if
the testator. In case of doubt, the institution security he is willing to post
should be considered as modal and not conditional. security

32 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Testementary dispositions with a term Order of intestate succession that would govern
the selection of interim heirs:
 legal or intestate heirs are called until its
arrival. Upon arrival, the testate heirs will (1) If the testator were a legitimate child
take over. (2) If the testator were an illegitimae child
 Acquisition of ownership is not Priority Intestate heirs
First LC and other
suspended. Only the demandability
 Interim heirs are required to furnish Priority Intestate heirs
sufficient security prior to entering in the First Legitimate children and
Second Legitimate parents and
possession of the property other legitimate
other legitimate
Disposition of property before the arrival of the Second Illegitimate children and
Third Illegitimate children
suspensive term the legitimate or
and the legitimate or
illegitimte ascendants of
Disposition of the property before the arrival of the illegitimate children of
the latter
resolutory term the latter
Third In default of those falling
Fourth Surviving spouse
within the first and second
Appointment of an heir before the arrival or at the Fifth Legitimate brothers,
priorities, the illegitimae
expiration of the period - testator cannot appoint sisters, nephews,
an interim heir. If he does, it is tantamount to nieces
Fourth The surviving spouse
fideicommissary substitution. As such, the Sixth Other legitimate
Fifth Illegitimate brothers or
requisites of the latter must be complied with. collateral relatives up
to the fifth civil degree
Sixth The stated
Title to the property - During the resolutory or Seventh The state
conditional term in which the interim heirs take
over the property, they are considered as owners,
not usufructuaries.

The Security - the nearest in degree interim heirs

are required to post security. If the one called upon
does not do the same, it would be tantamount to
renunciation of right and the same shalll devolve to
such relatives of the testator who are next in line in
the order of intestate succession

Sebastian: the state is not required to

post the security

33 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 5 - Legitime b. Surviving common law spouse: NOT a  Baritua v CA - It is patently clear that the parents of
widower the deceased succeed only when the latter dies
c. Annulled/Judicial declaration of nullity: without a legitimate descendant. On the other
NOT A WIDOWER hand, the surviving spouse concurs with all classes
886 4. Legal separation: guilty spouse is disqualified to of heirs. As it has been established that Bienvenido
inherit but innocent spouse is an heir of the former was married to Alicia and that they begot a child,
5. Illegitimate children inherit from their illegitimate the private respondents are not successors-in-
Concept parent interest of Bienvenido; they are not compulsory
heirs. The petitioners therefore acted correctly in
 A specified portion of the estate of a deceased Components of the estate of a deceased person - Strict settling their obligation with Alicia as the widow of
person which is reserved for the compulsory heirs legitime and free portion Bienvenido and as the natural guardian of their
as the latter's minimum share of the inheritance. lone child. This is so even if Alicia had been
 The testator can dispose the entire estate including estranged from Bienvenido. Mere estrangement is
the legitime. All that 886 requires is that the 888 not a legal ground for the disqualification of a
compulsory heirs shall be given their legitime at surviving spouse as an heir of the deceased spouse.
The disposable free portion - may be disposed by will
Rosales v Rosales - A surviving spouse is an intestate heir of
his or her parent-in-law. Neither is a widow (surviving spouse)
887 a compulsory heir of her parent-in-law in accordance with Art
887 of the code 889

Legitime of legitimate children - one half of NHE. Divided

Classification of heirs
equally among Legitimate children and legitimate Legitimate parents as secondary compulsory heirs
1. Testamentary heirs descendants
2. Intestate heirs Concurring compulsory heirs - Surviving spouse and
Successional rights of legitimate descendants illegitimate children
a. Primary compulsory heirs - Legitimate
Children  Legitimate grandchildren, great-grant children and
b. Secondary compulsory heirs - Legitimate beyond
parents and other legitimate ascendants  They inherit via: 890
c. Concurring compulsory heirs - spouse, o Right of representation
siblings, nieces, uncles, aunts, cousins  Predecease
 Incapacity
Essential qualifications Legitime of legitimate parents
 Disinheritance
1. (par 1) "Legitimate children and legitimate o In their own right  Equal. In case of death of one, the other takes all
descendants, with respect to their parents and o Rule of proximity
legitimate ascendants" o Rule that bars representation in the
2. (par 2) "in default of the foregoing, legitimate 1. Succession by right of representation ascending line.
parents and legitimate ascendants, with respect to 2. Succession in one's own right
their legitimate children and legitimate ascendants Succession of ascendants - occurs when legitimate parents of
3. With respect to wife: Legitimate children (and adopted children) exclude the decedent: (in these cases, legitimate descendants inherit
a. Widow/widower: prior valid marriage legitimate parents in their own right)

34 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Predeceased property received by such widow or 2. The prepositus in turn acquired reservable
2. Incapacitated widower by gratuitous title from the property by gratuitous title from another
3. Repudiated deceased spouse, or any relative of the legitimate ascendant, brother or sister (the origin)
4. Disinherited deceased spouse, or from any children of a. Donation inter vivos, donation propter
the first marriage. The evident purpose of nuptias, or by hereditary succession,
No right of accretion - Applies only to DFP, NEVER to Legitime. this reserva is to prevent the transfer of WHETHER TESTATE OR INTESTATE
Hence, if one is unable to succeed, the legitime is consolidated wealth to the second family, should the b. Support must be distinguished from gift
to one parent widow or widower contract a subsequent c. Gratuitous even if the payment is
Succession per stripes marriage, or should he or she beget a incidental
natural child d. What is material is that the payment was
 Whenever legitimate ascendants of the same 2. Reserva adoptiva under the old rules - any property not an obligation imposed on the
degree inherit, the legitime is divided equally gratuitously received by an adopted child from his preposis by the origin, but rather a
between maternal and paternal lines. The legitime or her adopting parents is reserved for the payment assumed by the prepositus in
pertaining to each line is subject to consolidation if legitimate relatives of the adopters. This reserva order to liquid the estate of the origin
either ascendant of such line is unable to inherit for prevents the transfer of wealth which originated 3. The reservor is required by law to reserve the
any reason from the adopting parents to the patrimony of the property
 Rule of proximity shall be observed biological relatives of the adopted child 4. The beneficiaries of the reserva are the legitimate
3. Reserve troncal under the NCC relatives of the prepositus within the third degree
4. Reserva adoptiva under PD 603 - reserva is of consanguinity coming from the line of origin
extinguished if the adopted child alienated the (reservees)
property gratuitously acquired from the adopter
a. REPEALED BY SC Reservable
Legitimate property
Evolution of reserva Objective of reserve troncal ascendant Reservor

1. Reservas under the old code Objections to the reserva

Brother or
a. Reserva Troncal - lineal segregation of sister
 Must be abolished; originated from feudalism
wealth of the maternal and paternal ls,
 Sec 1, Art XII (Const) - The goals of the national ORIGIN
such that the accidental transfer of
economy and patrimony are a more equitable
wealth from one line to the other was
distribution of opportunities, income and wealth.
considered an anomaly which must be
 Operates in a discriminatory manner - since reserva
rectified. This reserva was sometimes
runs only in the legitimate family, the accidental Reservees
called reserva lineal because its primary
transfer of wealth from an illegitimate son to his
objective was to preserve lineal wealth
illegitimate father will not trigger the reservation,
b. Reserva legal - mandated the return to
even if the illegitimate son acquired the property Parties to Reserval Troncal
the ascendant-donor any property (or the
from his illegitimate mother.
replacement or proceeds thereof) which 1. Origin
he or she had donated to his or her Elements of Reserva Troncal a. Who is the origin?
children or descendants who died i. Mendoza v Delos Santos - The
without issue 1. Legitimate ascendant (reservor) acquires property person from whom the degree
c. Reserva Viudal - requires the widow or (the reservable property) from a legitimate should be reckoned is the
widower to reserve for the children and descendant (the prepositus) by operation of law descendant/prepositus—the
descendants of the former marriage all one at the end of the line from
which the property came and
35 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
upon whom the property last reservation) should return to him, excludes exclusively. The reservor has the legal title
revolved by descent that of the one more remote. The right of and dominion to the reservable property but
ii. representation cannot be alleged when the subject to the resolutory condition that such
one claiming same as a reservatario of the title is extinguished if the reservor
b. First transmission of title - must be
reservable property is not among the predeceased the reservee. The reservor is a
gratuitous; relatives within the third degree belong to the usufructuary of the reservable property. He
line from which such property came, may alienate it subject to the reservation. The
Chua v CFI of Negros - the fact that the inasmuch as the right granted by the transferee gets the revocable and conditional
will is not probated does not invalidate Civil Code in [A]rticle 811 [now Article ownership of the reservor. The transferee’s
gratuity. The cause action of the reserees does 891] is in the highest degree personal rights are revoked upon the survival of the
not arise until the death of the reservor, and for the exclusive benefit of the reservees at the time of the death of the
designated persons who are the reservor but become indefeasible when the
Same; Same; Same; Same; Same; The relatives, within the third degree, of the reservees predecease the reservor. (Citations
person from whom the degree should be person from whom the reservable omitted) It is when the reservation takes
reckoned is the descendant/prepositus—the property came. Therefore, relatives of place or is extinguished, that
one at the end of the line from which the the fourth and the succeeding degrees a reservatario becomes, by operation of law,
property came and upon whom the property can never be considered the owner of the reservable property. In any
last revolved by descent.—Petitioners cannot as reservatarios, since the law does not event, the foregoing discussion does not
be considered reservees/reservatarios as they recognize them as such. x x x detract from the fact that petitioners are not
are not relatives within the third degree of [N]evertheless there is right of entitled to a reservation of the properties in
Gregoria from whom the properties came. representation on the part of reservatarios dispute
The person from whom the degree should be who are within the third degree mentioned by
reckoned is the descendant/prepositus—the law, as in the case of nephews of the deceased c. Simulated contract of sale - property
one at the end of the line from which the person from whom the reservable property disposed under a relatively simulated
property came and upon whom the property came. x x x. (Emphasis and underscoring

last revolved by descent. It is Gregoria in this

contract may become a reservale
case. Petitioners are Gregoria’s fourth degree Same; Same; Same; Same; In reserva property if found to be gratuitous as
relatives, being her first cousins. First troncal, the reservista who inherits from a established by competent evidence
cousins of the prepositus are fourth prepositus, whether by the latter’s wish or by
degree relatives and are not reservees operation of law, acquires the inheritance by
d. Transfer for less than full consideration -
or reservatarios. virtue of a title perfectly transferring absolute
Same; Same; Same; Same; Relatives of ownership; It is when the reservation takes If there is gross inadequacy of the
the fourth and the succeeding degrees can place or is extinguished, that a reservatario consideration (price substantially less
never be considered as reservatarios, since the becomes, by operation of law, the owner of the than FMV), then it may be reservable.
law does not recognize them as such.—They reservable property.—The Court takes note of
cannot even claim representation of their a palpable error in the RTC’s disposition of
predecessors Antonio and Valentin as Article the case. In upholding the right of petitioners 2. Prepositus
891 grants a personal right of reservation over the properties, the RTC ordered the a. The prepositus forestalling the reserva
only to the relatives up to the third degree reconveyance of the properties to petitioners i. Disposing the property by any
from whom the reservable properties came. and the transfer of the titles in their names. act inter vivos
The only recognized exemption is in the case What the RTC should have done, assuming
of nephews and nieces of the prepositus, who for argument’s sake that reserva troncal is
ii. Controlling the partition of his
have the right to represent their ascendants applicable, is have the reservable nature of estate
(fathers and mothers) who are the the property registered on respondent’s titles. iii. Begetting a legitimate child
brothers/sisters of the prepositus and In fact, respondent, as reservista, has iv. By adopting a child
relatives within the third degree. the duty to reserve and to annotate the
3. Reservor
In Florentino v. Florentino, the Court stated: reservable character of the property on the
Following the order prescribed by law in title. In reserva troncal, the reservista who
legitimate succession, when there are inherits from a prepositus, whether by the
Solivio v CA - acquisition of property by a
relatives of the descendant within the third latter’s wish or by operation of law, acquires legitimate descendant from a legitimate
degree, the right of the nearest relative, the inheritance by virtue of a title perfectly ascendant. The descendant is not a
called reservatario, over the property which transferring absolute ownership. All the
the reservista (person holding it subject to attributes of ownership belong to him
36 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
reservor of the property. Neither is the 1. Two resoltory predecessor in interest
should die or disappear,
property reservable conditions according to law the
a. Death of condition of reservation
Lacerna v Vda. de Corcino- 891 applies reservor with which the property
only to properties inherited, under the had been burdened
b. Survival of
conditions therein set forth, by an ceases to exist, and said
reservee property now becomes a
ascendant from a descendant, and this is part of the legitimate
not the case before us, for the lands in 2. Sienes v Esparica - legitime of the
dispute were inherited by a descendant, ascendant who had
When reservee becomes
inherited same through
Juan, from an ascendant, his mother, exclusive owner.—-
the death of those for
Bonifacia Upon the death of the
whom it had been
reservor, there being a
reserved (reservatarios)
surviving reservee, the
a. Second transmission of title .
reservable property
1. Succession by passes in exclusive 4. Reservees
intestacy ownership to the latter. a. First degree relatives
2. Succession to the b. Second degree relatives
legitime iii. Termination of reservor's title; i. Grandparens, siblings, etc
3. EXPN: Right of fulfillment of double resolutory ii. No distinction whether full or
representation. Not condition - the reservale half bloodexcept in 1006 (twice
available in the property does not form part of as much)
ascending line the estate of the reservor and c. Third degree relatives
b. Reservor's title to the reservable therefore the reservor is i. Legitimate great grandparents
property - since the reservor inherited the without authority to dispose (direct); legitimate nephews
reservable property from the prepositus, the reservable property by will. and nieces of the prepositus,
the reservor must be the owner of the Even so by doing, the legitimate uncles and aunts of
same and not merely a usufructuary or a reservable property is the prepositus
trustee thereof effectively preserved or ii. Nephews and nieces excludes
i. The reservor is the owner of otherwise restored to the uncles and aunts (even they
the reservable property and persons coming from the line of are both in the third degree)
has a registrable title thereto origin. [basis: order of intestate
provided the reservable 1. Florentino v succession]
property be entered on record Florentino - The d. Legitimacy of relationship
ascendant, who inherits i. Nieva and Alcala v Alcala and
1. Edroso v Sablan -
property of a reservable
Court of land character from his De Ocampo - the word
registration erred in deceased descendant "relatives" must be legitimate
who has a relative relatives of he repositus; hence
not allowing the
within the third degree
property to be still living, is no more
the reserve only runs in the
registered in the than a life usufructuary legitimate family. The
name of the reservor. or a fiduciary of said accidental transfer of wealth
reservable property.
ii. The reservor is a conditional But if, during the
from one illegitimate line to
heir of the prepositus with lifetime of the said another illegitimate line is not
respect to the reservable ascendant, all the considered anomalous nor
relatives, within the
property worthy of the protection of
third degree, of his
891. Accordingly, while a
37 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
legitimate parent or ascendant a. Rule on equal division registration, the actual or constructive notice of the
may be covered by the reserva i. Exception: half/full blood x2 reserva by a transferee of the reservable property
and thus be burdened by the b. Right of representation is sufficient to bind the latter to the burden
duty to reserve the reservable i. Padura v Baldovino - constituted by it. What if there's no notice; he
property for the reservees, and ADOPTATION OF THE THEORY acted in good faith?
illegitimate parent who OF DELAYED INTEASTACY. Full
inherits from his or her blood niece gets double the Sumaya v IAC
illegtimate child by operation share of those who are half  When a conveyance has been
of law is not subject to the blood properly recorded, such record
same burden. In this sense, is constructive notice of its
illegitimate parent enjoys a Accidental transfer of property not necessary contents and all interests, legal
distinct advantage over a and equitale, inclded therein.
 When there is no accidental transfer of
legitimate parent or There is an irrebuttable
wealth from one family line to another,
ascendant. presumption that every
e.g. when the origin is a full-blood
e. Identification of reservees - rule of purchaser has examined every
brother or sister of the prepositus, the
proximity; same degree = collective instrument of record affecting
reserva will not apply as there would be
inheritance his title.
no accidental transfer of wealth from the
i. De Papa v Camacho - the niece
family of the origin to a stranger  The person obliged to reserve
excludes the aunts of the has the obligation to annotate
 However, if the relationship between the
prepositus from the the reservable character of the
origin and the prepositus is that of half-
distribution of the reservable property
blood brother or sister, the accidental
property, even if the niece,
transfer of wealth from the line of the
uncles and aunts are all Reserva in Testementary Succession
origin to a stranger is obvious, and for
relatives of the prepositus
which reason, the reserva in 891 is  By making a partition of his
within the third degree of estate in the will, the testato
squarely applicable.
consanguinity. can thrwart the reserva
o Gonzales v CFI - reversionary rule applied
even if the ancestral wealth of the  By executing a will, testator
PREPOSITUS IS may mitigate ng effects of
Legarda family did not cross to another
GOVERNED BY THE reservable e.g. when a son,
line of the family. In this case, the
RULES OF INTESTATE who had no other property,
reservor exerted effort, by executing a
SUCCESSION received a land from his father
will, to preserve the reservable property
to members of Legarda Family. then bequeathed the same to
Distribution of reservable property
his mother. With this, that part
1. Integration theory (reserva integral) - relatives Encumbrance created by the reserva - the which pertain to the legitime is
within the third degree of consanguinity belonging transferees o the reservable property (third person) reservable.
to the line of origin, as a class, are eligible resevees is bound by the double resolutory condition. The
who shall divide the reservable property among reservees are entitled to cause the annotation of Reserva Maxima and Reserva minima
themselves without distinction. their rights as reservees in case of registered
2. Theory of delayed intestacy - property reverts back immovables, or in case of movable property, by Reserva on Consumable and/or Fungible
to the estate of the prepositus. Reserves inherit the demading that the reservor deliver to them some property - Under the 891 and 1061, the
reservable property from the prepositus. Reservees security for the return of reservable property upon property cannot be substituted. Because
do not inherit as a class the death of the reservor. But even without money is both fungible and consumable,
it cannot be burdened by a reserva. If the
38 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
money was spent by the prepositus or c. Disqualification to inherit by
deposits the same in a bank, he loses 892 testamentary succession
ownership thereof. i. The spouse in bad faith - can
inherit ONLY as voluntary heir
Extinguishment of the reserva One legitimate child concurring with the surviving spouse ii. The innocent spouse - can
1. Loss of the reservable property inherit
a. The deliberate Surviving spouse concurring with two or more legitimate or d. Disqualification to inherit by intestate
destruction of the adopted children succession - when the spouses are fifth
reservable property degree relatives
by the resevor with Successional rights of a foreign national who divorced Filipino e. Summary of rules
the intention to avoid spouse - Nationality rule. There is nothing that would prevent i. Upon the recording of the
its reversion to the a foreign national from divorcing his or her Filipino spouse, affidavit of reappearance fo A,
reservees should be provided that divorce is recognized in the jurisdiction where the marriage between B and C
treated differently it is sought be obtained is permitted by the national law he is terminated
since bad faith on the foreign individual who seeks it. ii. As a consequence of the
part of the reservor is  Van Dorn v Romillo - a foreign national previously termination of marri, B and C
evident. Hence, the married to a filipina cannot invoke our laws on cease to be reciprocal
reservees may file a marriage if he validly obtained a divorce decree compulsory heirs
claim for damages abroad. iii. Because of bad faith, C is
under 891, 2176, and disqualified to inherit from B
 "VALID THERE, VALID HERE" - Judge Hidalgo
s pursuant to a will executed by
Successional rights of a surviving spouse in case of legal B prior to or after the
2. Waiver of the reservees separation - offending spouse is disqualified to inherit from termination of marriage
3. Non-survival of the reservees the innocent spouse by intestate succession and testate as iv. C is disqualified from B as an
4. Prescription well if the will is made before the issuance of the decree. intestate heir
a. Carillo v De Paz - v. The marriage of A and B
reserva is Successional rights of spouses in Marriages terminated by subsists; they continue to be
extinguished upon Judicial decree reciprocal compulsory heirs
the death of the f. Unforeseen contingency - what if both
1. Bigamous marriage under Art 41 of FC
reservor, as it then spouses in the subsequent marriage
a. Concept
becomes a right of acted in good faith?
i. First valid marriage
full ownership on the i. Sebastian: the spouse who
ii. 4/2 years (danger to life)
part of the reservees, reappeared shall be the heir.
iii. Well found belief
who can bring a With the automatic
iv. Summary proceeding
reivindicatory suit termination of the second
v. Court issued a decree declaring
therefor. This right marriage following the
presumptive death
can be lost by recording of the affidavit of
vi. Spouse contracted a
prescription if not reappearance, there would be
subsequent marriage on basis
exercised within 10 no legal basis to consider the
of such decree
years from the death spouse of the second marriage
b. Effect of termination of second marriage
of the reservor as a surviving spouse
on successional rights - spouse in bad
2. Void Marriages - where the marriage between the
faith disqualified to inherit.
parties is void ab initio, the nullity of such marriage
39 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
may be attacked collaterally in the settlement of Amendments under FC - all children born outside of lawful
estate of the deceased party for the purpose of wedlock are simply classified as illegitimate children 900
excluding the surviving party from participating in
the distribution of the estate of the deceased party. Preference of spouse over illegitimate children
a. Sebastian: The le therefore is, if the Illustrations Surviving spouse inheriting as sole compulsory heir
marriage between the parties is void,
they never became spouses. Succession Early detection of insufficiency of hereditary estate 1. General rule - surviving spouse = 1/2
will not flow between them. If one of 2. Exception to the rule - 90 days/3 months after from
them should die, the other is not a 1. The decedent survived by a single primary the time of the celebration of marriage in articulo
surviving spouse. They must be treated as compulsory heir mortis, decedent dies. 1/3
virtual strangers to each other, except if 2. The illegitimate children outnumber the legitimate 3. Exception to the exception - when they had already
there is blood relationship between them children and they concur with the surviving spouse been cohabiting as H and W for then 1/2
that could serve as basis for succession to
flow (e.g. incestuous marriage) Application of the law - pertains only to the legitime of the
3. Voidable marriages - judicial decree surviving spouse, not the totality of his or her legitime.
4. Successional disqualification in void and voidable 1. Intestate succession
marriages 2. Testamentary succession
a. guilty party disqualified to inherit from
Legitimate parents concurring with illegitimate children
innocent party
b. testamentary dispositions made by
innocent party in his or her favor by 901
operation of law 897
5. Successional disqualification of the guilty party 902

Amendment under FC
893 The right of descendants of illegitimate children under 902
Surviving spouse concurring with illegitimate children
Scope of right of descendents of illegitimate children under
Article 902 - legitime only
Legitimate parents or ascendant concurring with the
surviving spouse
Discrimination effect of article 992
894 899

Illegitimate children concurring with the surviving spouse Legitimate parents or ascendants concurring with
illegitimate children and spouse

40 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Relevance of collation - relevant only if there are compulsory
904 906 heirs. If there are none, computation of Theoretical Heredity
Estate is irrelevant
907 Collation as a notional accounting process
Protection of the legitime

Deprivation of legitime - Disinheritance is the only way Illustrative example - page 593-594
Impairment of the legitime (SEE COMPUTATION ON
Burden on the legitime - Power to give donations; limitations
 GR: Testor cannot impose any burden on legitime  Vda. de Tupas BR XLIII RTC of Negros - Donaion to
 Direct impairment Tupas, INC was inofficious because such donation
 EXCEPTION: prohibition for partition for a period
 Indirect impairment deprived the surviving spouse her legitime
not exceeding 20 years
 EXPN TO EXPN (partition may occur
notwithstanding): Summary of rules relating to the legitime (PAGE 589-
o Any cause of dissolution of partnership 591)
o Court finds a compelling reason to order
a partition on petition of an heir
 Statutory burdens:
o Reserva 908
o Family home - shall continue despite the
death of one or both of the spouses for a
period of 10 years or for so long as there Determination of the legitime
is a minor beneficiary, unless the court
finds a compelling reason to order its 1. Total value of properties
partition 2. Net hereditaty Estate: Reduce debts and "charges"
(legacies and devises) - what will be distributed to
the heirs
3. Theoretical hereditary estate: Add the value of all
collationable donations - basis for calculating the

Transactions involving future inheritance - void Valuation of properties forming part of the estate - FMV at
the time of death
 Uson v Del Rosario et al - an illegal compromise
involving legitime will not create estoppel  BIR zonal value (real estate)
 Closing price (shares of stock)
Renouncer not estopped  or valuation of an independent property valuer

Duty to collate Debts as part of the hereditary estate

Impact on donation inter vivos - donations of present Estate tax - 0-20% of the hereditary estate
property are not included in the broad prohibition on
contracts involving future inheritance Valuation of collationable donations - FMV at the time of

41 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Estates without Disposable Free Portion - all donations, Imputation of Donations to illegitimate children - same
regardless of value made by decedent in his or her lifetime procedure as above
would be inofficious

Effects of Collation
1. (Equalization of shares of Compulsoy heirs): Charge
to legitime, EXCEPT when declare
Information necessary to Order of reduction or abatement of donations and
2. Stranger: Charge to DFP
determine an impairment of legitime testamentary dispositions
 Mateo v Lagua - donation propter nuptias may be (SEE COMPUTATION ON PAGES 606-607) 1. Relevant only when:
reduced; there must be proof that the value of the
a. Testator is survived by compulsory heirs
donated property exceeds that of the Disposable Collation of donations to compulsory heirs
b. if donations inter vivos given by the
Free portion + the donee's share as legitime in the
Collation of donation to strangers testator in his lifetime and/or the
properties of the donor
legacies and devises provided in his will
Jurisdiction of the Court - an action for reconveyance must be The insolvent estate - creditors will divide among themselves cannot be accommodated after payment
distinguished from a proceeding for the settlement of estate the residual estate. of legitime of compulsory heirs
of a deceased person such that a ct of general jurisdiction has 2. Order:
 If the decedent made donations BEFORE the unpaid
no authority to entertain issues pertaining to the impairment a. Calculate the THE
debts, creditors cannot assail. However, if creditors
of the legitime of compulsory heirs b. Pay the legitimes and charge the
can prove that the donor's intention was to defraud
collationable donations to the
 Natcher v CA them, then the same is possible to be assailed.
compulsory heirs
o Probate court may not decide a question  If donations were made AFTER the unpaid debts, c. Donations shall be reduced or abated
of title if the interested parties are all then it is presumed to be made in fraud of creditors (Last in first out; recent to older) if
heirs and may be assailed by a rescissory action legitime is impared (legitime greater
o What is an advance of legitime?  Both shall be exercised within 4 years than NHE)
donation. If the donee is a compulsory  Heirs may bring the property to collation for the d. If there is a balance in DFP, then use it to
heir, the donation shall be reduced to his purpose of determining their legitime pay the preferred legacies and devises
or her legitime
o RTC acting in its general jurisdiction is
 (see page 609-610) e. If there is still balance, pay ordinary
legacies and devises
devoid of authority to render an
adjudication and resolve the issue of Illustration (See computation on pp 613-616)
advancement of real property to heirs 909
o Sebastian: Advance legitime is Order of preference in intestate succession - Art 950
recognized by law in only two instances:
1. Valid donation to a compulsory
heir other than donation to a Imputation of Donations (see page 610-612) 912
2. payment of presumptive
legitime 913

42 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Reduction of partly inoffcious devises; general rule public auction and from the proceeds, or her parents can only be determined
the aggrieved compulsory heir(s) shall be when the succession to the parents opens
 GR: reduction should take the form of physical entitled to the completion of the o The child will indeed accept the
partition legitime, and the balance shall be paid to inheritance of the parents. Note that the
 EXPN: when it is impractical or it cannot be the devisee acceptance of repudiation of an
"conveniently divided" inheritance is an act which is purely
voluntary and free
Special rule where partition of the property is impractical
o The parents will not have a ground to
914 - testator may dispose DFP at will
1. If the reduction of the devise does not absorb one disinherit the child an in fact will not do
half of the value thereof, the devisee may retain so. As disinherited compulsory heir is
the property, but, as regards that portion of the deprived not only of the legitime, but of
devise which is inofficious, he shall reimburse the Misleading because it is not absolute: all successional rights.
aggrieved compulsory heirs in cash 1. Testator cannot delegate the exercise of
2. If the reduction of the devise is exactly one half, or Base case (see pp 622-630)
testamentary discretion to a third person
more than one half of the value thereof, the 2. Testator cannot dispose his estate in favor of
aggrieved compulsory heirs shall be entitled to Legal problems resulting from the payment of presumptive
disqualified persons e.g. no capacity to succeed
retain the property but he/they shall reimburse the legitime
3. If a testator should devise or bequeath the free
devisee in cash for the value of the property that portion subject to a fideicommissary substitution, 1. The problem of adjustment
the devisee is entitled to retain he must comply with the limitations provided in Art 2. Base case
863. The testator may not issue secret instructions 3. Legal problems resulting from the payment of
Illustrations (page 618-619) in relation to the application of any property presumptive legitime
forming part of his estate
Devisee is also a compulsory heir (619) 4. A testator cannot declare his estate or any part Conclusion - The concept of presumptive legitime is fine in
thereof inalienable for a period in excess of 20 theory. It is a solution that seeks to address the risk that
Lack of interest to acquire the property years children of a judicially dissolved marriage might be neglected.
5. A testator cannot subject a testamentary However, one cannot ignore the unintentional injustice that
1. If the aggrieved heir(s) who is/are entitled to may be caused to the children of the subsequent marriage if
disposition to an impossible condition prohibiting a
exercise the right to retain the property choose(s) it should eventually turn out that the presumptive legitime
first or subsequent marriage
NOT to exercise the right, the devisee, who under paid to the children of the first marriage exceed which they
6. A testator is prohibited from making a dispocicion
912 did NOT have such right, MAY exercise the are entitled to receive and they are unable to reimburse
same provided he reimburses the aggrieved estate of the deceased parent for such excess
7. A testamentary disposition in favor of a common-
compulsory heir(s) whose legitime was impaired
law spouse is void
may exercise such right
2. If neither one is interested to acquire the property, The presumptive legitime
then any other heir or devisee may exercise the
right. This essentially means that such other heir or  Delivered in legal separation, declaration of nullity
devisee shall pay the value of the property or annulment
a. To the compulsory heirs, to the extent of  Cash, property, or sound securities
the imapirment of the legitime  The law assumes that:
b. the balance to the devisee o The child will survive his or her parents
c. In the event no one is interested to o Upon the death of the parents, the child
exercise the right to acquire the will be capacitated to inherit from them.
property, the same shall be sold at a The capacity of a child to inherit from his

43 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 6 - Disinheritance Summary Extent of recovery - legitime only. Heir will not get his DFP
1. Testamentary succession
2. Compulsory heirs
915 a. any testamentary disposition in favor of
a voluntary heir may be revoked by the
testator at any time prior to his death
with or without cause (provided testator
Concept of disinheritance - legitime cannot be deprived
has testamentary capacity), and such
except through this testamentary act
revocation cannot be construed as a form
Total exclusion from the inheritance - Strict Legitime + DFP of disinheritance Who may be disinherited - Children and descendants,
3. Automatic revocation of testamentary dispositions legitimate and illegitimate
in prior wills
Attempt on the life of the testator
4. Bars intestate succession as well
1. The victim
Burden of proof
a. Such as, but not limited to:
917 GR: other heirs i. testator's brother or sister
whether full blood or half
EXPN: no proof if there is admission blood
Requisites of a valid disinheritance ii. his or her nephews and nieces,
whether full blood or half
1. The disinherited heir must be a compulsory heir 918 blood
2. The disinherited heir must be identified with iii. his or her grandparents and
certainty other descendants if the latter
a. GR: By name are ascendants of the
b. EXPN: description, provided there is no Three types of void disinheritance disinheriting parent, or
doubt as to the identity of the 1. No specification of cause iv. His or her biological parent or
disinherited heir 2. Contradicted cause not proved stepparent
3. The disinheritance must be for a cause specified by 3. Cause not provided by law b. Legitimacy of relationship between
law - those enumerated are exclusive victim and testator, testator and
4. The disinheritance must be made in a valid will Effects of void disinheritance disinherited heir, and the disinherited
a. or codicil provided there is an heir and the victim, are irrelevant,
unmistakable connection betwen the 1. The disinheritance is ineffective provided that if the attempt is made on
antecedent will and the subsequent 2. The institution of heirs is annulled the spouse of the testator, it is necessary
codicil a. GR: Partial annulment (if legitime of that there was a lawful marriage
b. Formally valid will must be admitted to disinherited heir can be recovered) between them
probate b. EXPN: Total annulment (if there are no 2. Stage of commission of the crime - all stages
5. The disinheritance must be express sufficient assets to pay his or her 3. Intent to kill - criminal intent; criminal negligence
6. The disinheritance must be for a true and certain legitime) not included
cause - must exist at the time of writing 3. Legacies and devises may be reduced - only if after 4. Necessity of final conviction
7. The disinheritance must be total - heir must get the annulment of the institution of heirs, there are a. Acquittal renders the disinheritance
absolutely nothing insufficient assets to satisfy the legitime of the ineffective
disinherited compulsory heir. (pp 638-639)
44 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
b. Executive clemency will not because a a. Concubinage: 3. The refusal to give support to the ascendant was
presidential pardon does not negate the i. MAN who unjustifie
fact that a crime was committed 1. keeps a mistress in
5. Degree of participation in the crime the conjugal dwelling Maltreatment of the testator
a. GR: Immaterial 2. shall have sexual 1. How committed
b. EXPN: Art 20 in relation to Art 19 of RPC: intercourse with a a. Word
spouse, ascendants, descendants, woman not his wife b. deed (no intent to kill)
legitimate, illegitimate and adopted under scandalous 2. Examples:
brothers and sisters, or relatives by circumstances a. Intoxicated son maltreated mother: not a
affinity within the same degrees, cannot 3. who cohabits with a ground
be punished as accessories except when woman not his wife b. Son deliberately consumed alcohol to
then profited themselves or assisted the in any other place maltreat his mother: a ground
offender to profit by the effects of the ii. Hence, a son cannot be
crime disinherited if he was caught Leading a disgraceful life - The socially unacceptable conduct
having sex with his step mom must be continuing. A single or isolated act, no matter how
False accusation iii. But the daughter caught disgraceful or reprehensible, is not sufficient to justify the
1. The accusation fucking her step dad may be disinheritance of a child or descendant
a. Acts contemplated: disinherited
Civil interdiction - deprivation of an offender during the time
i. Giving oral testimony during of his sentence of the rights of parental authority or
trial against the testator 2. The disinherited offender - the unworthy child or
descendant who is convicted of adultery or guardianship, either as to the person or property of the ward,
ii. Withholding of evidence of marital authority, of the right to manage his property.
favorable to testator concubinage with the wife of the testator. Not the
guilty spouse. Testator may disinherit the guilty Accessory penalty upon convicted felons sentenced to suffer
iii. Refusal without just cause to the penalty of reclusion temporal
give truthful testimony spouse under 921 (4) [giving cause for legal
b. Not contemplated: separation] The effectivity of the disinheritance is deferred until
i. filing of a complaint-affidavit Fraud of coercion - to make a will or change one already such time as the child is convicted by final judgment
against testator before the made whereupon the accessory penalty of civil
prosecutor for preliminary interdiction is imposed
investigation 1. Definition of the vices of consent
ii. Dismissal of the charge at the a. Violence and intimidation
preliminary investigation stage b. Undue influence
920 - disinheritance of parents
2. The crime - six years imprisonment or more c. Fraud
3. A definitive acquittal - there must be a judicial 2. Nullity of the will executed with vice of consent
declaration that the accusation was baseless 3. The unworthy heir
a. Not contemplated: 4. Necessity of executing a new will or codicil Common causes for disinheritance
i. Insufficiency of evidence
Refusal to give support 1. (par 2) Attempt on the life
ii. Reasonable doubt
2. (par 3) False accusation
iii. Failure to prosecute 1. The ascendant at some time in the past was in need 3. (par 4) Adultery and concubinage
iv. Prescription of support 4. (par 5) Fraud and coercion in making, amending or
Adultery of concubinage 2. The descendant who then was requested to revoking a will
provide it refused to give support
1. Necessity of criminal conviction

45 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Abandonment of children - total neglect of parental of the incapacitated testator. The law does not apply to a case where
obligation towards the children. parent the plotter and the intended victim are the
biological parents of the testator. The law does not
 Not necessarily criminal abandonment 2. Suspension of parental authority under Art 230 - apply to a case where the plotter and the intended
 Giving up infant to another person parental authority suspended upon conviction of a victim are the adopting parents of the testator
 However, when a parent voluntarily gives consent crime which carries the penalty of civil interdiction because the adopting parents are not compulsory
to the adoption of his or her child, the parent is not 3. Suspension or deprivation of parental authority heirs of the adopted child, and for which reason the
guilty of abandonment under Art 231 child cannot disinherit the offending adopting
a. Excessive harshness or cruelty parent. Hence, the intended victim must be a
Inducing the child to live a corrupt or immoral life
b. Corrupting orders, counsel or example relative of the child.
 Whether son or daughter c. compelling to beg
 Courts will determine what is immoral d. Subjecting the child or allows him to be 3. Effect of reconciliation of parents - The child
subjected to acts of lasciviousness loses the right to disinherit the plotteif the plotter
Attempt on virtue 4. Permanent deprivation of parental authority under and the intended victim reconciled. The mere living
Art 232 - subjecting or allowing the child to be together under one roof, without evidence of the
 Attempted rape, seduction, acts of lasciviousness, subjected to sexual abuse restoration of mutual feelings between the
child abuse, etc 5. Observations on loss of parental authority spouses, cannot constitute reconciliation between
 Prosecution or conviction not needed. What is a. Disinheritance of a parent justified them
important is that the offending parent or ONLY when the loss of parental
ascendant performed such acts with inappropriate authority is for a culpable act or 4. Paragraphs 2 and 8 compared - conflicting
sexual undertones. omission of the erring parent, to wit:
i. Suspension under 231
Loss of parental authority
ii. Deprivation of parental
921 - disinheriting a spouse
1. Termination of parental authority under Art 229 authority under 232
Cause of termination Restoration of iii. Termination of parental
of parental authority parental authority authority under 229, to wit:
Adoption of the child Rescission of an 1. Abandonment Common causes for disinheritance
adoption under 192 of 2. Final judgment
the FC, provided the 1. (par 1) Attempt on the life
divesting parental
child has not been 2. (par 2) False accusation
emancipated at the 3. (par 3) Fraud or coercion in making,
6. Recovery of parental authority - the recovery or
time of rescission amending or revoking a will
restoration of parental authority cannot obliterate
Appointment of a Termination of 4. (par 5) loss of parental authority
the sins of the past. It should have no effect on the
general guardian guardianship 5. (par 6) refusal to give support
right of the child to disinherit an unworthy parent
Judicial declaration of Judicial restoration of
abandonment of child parental authority Giving cause for legal separation - decree not
upon the return of the necessary
parent who Attempt of a parent on the life of the Other
abandoned the child 1. Conviction by final judgment - prior conviction 1. Repeated physical violence or grossly
Judicial declaration of Judicial restoration of not necessary. In any event, the offending parent abusive conduct directed against the
absence or incapacity parental authority to must have intended to kill the other parent petitioner, a common child, or a child of
of the parent the returning petitioner
exercising parental absentee parent; 2. Relationship with testator - the plotter and the 2. Physical violence or moral pressure to
authority regaining of capacity intended victim are the biological parents of the compel the petitioner, a common child,

46 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
or a child of petitioner, to engage in immoral life, or attempting against their
prostitution, or connivance in such virtue
corruption or inducement 3. Falsely accusing the testator of a crime
3. Attempt of respondent to corrupt or which the law imposes penalty of
induce the petitioner, a common child, or imprisonment for six years or more
a child of the petitioner, to engage in 4. Conviction of adultery or concubinage
prostitution, or connivance in such with the spouse of the testator
corruption or inducement 5. Use of fraud, violence, intimidationor
4. Final judgment sentencing the undue influence in causing the testator
respondent to imprisonment of more to make a will or change one already
than six years, even if pardoned made
5. Drug addiction or habitual alcoholism of
the respondent Obliterating the effects of disinheritance and unworthiness
6. Lesbianism or homosexuality of The conflict
7. Contracting by the respondent of Disinheritance (922) Unworthiness [1023]
subsequent bigamous marriage, whether (capacity of succeed)
in the Philippines or abroad Reconciliation renders Implied or express
8. Sexual infidelity or perversion disinheritance condonation needed
9. Attempt by the respondent against the ineffective
life of the petitioner Presumption of No presumption of
10. Abandonment of petitioner by reconciliation condonation
respondent without justifiable cause for Heir must present
more than one year



Concept of reconciliation - Mutual restitution of

feelings between the offender and the offended.
The right of representation - one effect of disinheritance
Pardon is not enough
Effect of reconciliation - renders the disinheritance
ineffective 1. Direct descending, never ascending
2. Legitime only
Common grounds for disinheritance (919, 920,
921) and unworthiness (1023) 3. Capacity to succeed and 992 (PAGE 666)
1. Attempt on the life of the testator his
spouse, ascendants and descendants
2. Abandonment of children or inducing
their daughters to live a corrupt or

47 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 7 - Legacies and Devises makes the heir/s in possession liable should cause damage. Implicit order to acquire - the following must be satisfied in
Force majeure immaterial order to compel the heir, legatee, or devisee to acquire third
party interest:

924 1. if the burden is imposed on the estate, the price for

928 the acquisition of the third party interest must not
exceed the DFP
2. If the burden is imposed on a compulsory heir, the
Concept of legacy and device - gifts within the commerce of
Warranty for generic legacies and devises - because the hair price must not exceed the value of that which he
has the option to give those which are not encumbered or received from the DFP and legitime shall at all times
 Legacy - movable burdened be preserved
 Device - Immovable 3. If the burden imposed on a voluntary heir, legatee
Exclusion to the warranty - specific things. or devisee, the price must not exceed the value of
the gift which he received from the testator
Extension of warranty - hidden defects
4. Nonetheless, if the BENEFICIARY still wishes to
925 acquire the property despite the fact that it exceeds
1. heir delivered the thing with knowledge of the
hidden defects the aforementioned limits, he shall pay the person
2. heir had two or more things to choose from, yet he burdened as regards the excess. He may demand
Burden of paying legacies and devises - deliberately chose the one with defect such acquisition

 GR: casted upon the heirs

 EXPN: testator may impose the burden upon a
particular heir, legatee or devisee 929 930
 If compulsory heir, gift must not exceed his
 If voluntary or devisee or legatee, must not exceed GR: Partly owned property when bequeathed pertains only to Effect of mistaken belief - nullifies the legacy or devise
the value of the thing allotted to him the extent partly owned
Effect of subsequent acquisition of title - validates the void
Exception to the rule: When the testator knows that it is only act.
partly owned, yet he expressly declared that
1. He gives the thing to the legatee or devisee in its
entirety, OR
2. He directs the person charged with the sub-legacy
Individual and collective responsibility (Page 668) or sub-devise to give the thing to the sub-legatee
or sub-devisee in its entirety. Order to acquire - testator knows third person owns the
3. Testator must indicate in the will that he is aware property. This is an express order to acquire.
927 that another person has an interest in the property
Express order to acquire - words of command not necessary
EXPN to EXPN: Art 930 - no indication of knowledge or so long as the testator expressed his desire to acquire the
awareness is tantamount to mistake. Hence the legacy is or property owned by third person (+knowlege)
Responsibility for loss or destruction of the thing bequeathed devise is void insofar as the legacy or devise pertains to a third
- unauthorized possession of the estate or any part thereof party Party charged with obligation to acquire

48 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Limitations on obligation to acquire - if property cannot be legatee or devisee burdened Release of pledge of mortgage - not exclusive. It includes all
acquired, party charged with obligation to acquire can tender with the satisfaction of the forms of security arrangements (e.g. antichresis)
the FMV of the thing to the devisee or legatee legacy or devise.
3. 957 (2): If at the time of the execution of GR: the executor or administrator must pay the underlying
the will the thing belonged to the debt
testator, and the latter in his lifetime sold EXPN: When testator provides otherwise.
the thing to the legatee or devisee, the
legacy or device should be considered Requisites:
933 revoked under this article. By selling the
property to the legatee or devisee, it is 1. Must be a demandable debt (capable of specific
evident that the intention of the testator performance)
to give the thing as a gift to the legatee 2. Secured by testator as third party pledgor or
Things owned by legatee or devisee - premised on testator's mortgagor or as an accommodation pledgor or
ignorance of the same's ownership. Reckoning date: date of or devisee has been superseded by his
intention to monetize the same mortgagor
execution of the will
4. If at the time of the execution of the will If not a recoverable debt, not charged to estate but to legatee
Acquisition of beneficiary subsequent to execution of the will the thing belonged to the testator, and or devisee
the latter in his lifetime conveyed the
 It depends on the circumstances surrounding the thing to the legatee or devisee
acquisition: gratuitously, the legacy of device shall be
1. 930: If at the time of the execution of the considered satisfied. The testator is 935
will, the thing belonged to a third person, deemed to have decided to give the gift
and the testator erroneously believed he to the legatee or devise not after his 936
owned the thing, the legacy or devise is death, but in his lifetime. With the
void under 930. The subsequent satisfaction of the legacy or devise, the
acquisition of ownership of the legatee legatee or devisee should have no
or the devisee will not validate the further claim against the estate of the General rule on legacies of credit and remission
disposition testator
2. 933: If at the time of the execution of the  GR: ONLY those existing at the time of DEATH o
5. 957 (2): If at the time of the execution of
will the thing belonged to a third person, testator
the will the thing belonged to the
and the testator expressly ordered its  EXPN: 793 - when it should expressly appear in the
testator, and the latter in his lifetime sold
acquisition so that the thing may be will that the testator has an intention to include
the thing to a third person, the legacy or
given to the legatee or devisee, the future receivables
devise is revoked. The legatee or devisee
subsequent acquisition of the said shall have no claim against the estate of
property by the legatee or devisee by  Legacy of credit - testator gives to a legatee a claim
the testator
onerous title would make the fulfillment or receivable that the testator has against a third-
of the legacy or devise impossible. Instruction to acquire third party interest or to discharge party debtor
 However, given the intention encumbrance - when the property is burdened and the  Legacy of remission - testator condones a
of the testator to give the testator orders the same to be freed from such. receivable which he has against the debtor who is
things as a gift to the legatee or also the legatee
devisee, the latter is entitled to
Legacy of credit
the reimbursement of the 934
acquisition price either from  Generic - "all outstanding receivables"
the estate or from the heir,

49 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
 Limited generic - "all outstanding receivables o Certified copy of the will together with a a. Unless the legacy that will be applied in
arising out of _________" certified copy of the order admitting the whole or in part to the payment of a
 Specific - I give to ___ as a legacy all my monthly will to probate and a certificate of finality monetary claim of the legatee against
rent due on my business at ____" of such order the testator is a cash gift, the legacy may
o Certified copy of project of partition be viewed as an OFFER of the testator to
How effected - deed of assignment together with a certified copy of the order settle the legatee's claim by way of
approving the same Dacion en pago
Legacy of credit does not result in novation OR subrogation
o the document evidencing the condoned b. Creditor has option WON to accept the
Accessories to the credit - accessory obligations follow the debt duly stamped "condoned" application of property
principal obligation (credit) o The document evidencing the condoned i. If he accepts, and the value of
debt which is in the possession of the the legacy or device exceeds
Extinguishment of legacy of credit debtor-legatee his credit then his claim is
extinguished, and the excess is
 GR: Bringing an action to collect the debt Release of security - the accessory follows the principal the net gift
extinguishes the legacy
ii. If he rejects, and the gift has
 EXPN: If the testator initiated the court action to Extinguishment of legacy of remission - when the testator
should bring an action against the legatee for the payment of more value than his credit,
stop the running of the prescriptive period. In order
the debt, even if payment is not obtained during the testator's then he has no right to collect
to prevent the implicit revocation of the legacy, the
lifetime the excess
testator may execute a codicil in order to explain
2. Proof of the legatee's claim - competent evidence
the reason for bringing an action against the
3. Issue of characterization - Credit (preferred) or
debtor, and to make explicit his intention to
legacy (after payment of legitime)?
preserve the legacy notwithstanding. 938 a. Sebastian:
i. To the extent that the legacy is
equal to the legatee's claim,
937 Creditor as legatee or devisee - testator is deemed to have consider the testamentary
intended to give an economic benefit to the creditor, on top disposition as an instruction of
of and in addition to the recovery of the creditor's claim the testator to pay the debt
Legacy of remission - condonation of debt against the testator ii. To the extent of the excess of
the legacy over the legatee's
Distinguished from legacy of credit - Application to the claim claim, consider the excess as
pure legacy
Credit Remission  GR: If the value of the gift to the legatee or devisee
iii. Hence, such excess shall be
Person other than the Debtor himself is equal to the testator's debt, and the gift is to be
reduced or abated if it impairs
debtor applied to such debt, there is no legacy or devise to
the legitime; it shall be abated
Intention is to assign the Intention is to extinguish speak of
if the estate is insolvent
credit the claim  EXPN: If the value of the gift is less than the
testator's debt to the legatee, the excess of the debt
shall be collectible by the legatee as a creditor of
Scope of remission - all debts owed by the debtor to the 939
the estate
testator at the time of execution of the will
Legal issues
How effected - embodies in the will
1. Relevance of dacion Erroneous order of payment - deemed not written. Intent to
 other documents which have the same effect: pay a debt is not compatible to donative intentc

50 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Excessive payment a. Force majuere: delivery of the remaining
choice/s 944
 GR: Error on the part of testator: Void b. Fault: Damges + anything left OR the
 EXPN: The testator's sincere desire to give the price of the one lost
creditor the excess over the correct amount owed. c. ALL ARE LOST: Damages + rice of any one Legacy for education
o Two-part payment: lost
1. After payment of estate tax but  GR: Legacy subsists until he finishes his
before the distribution of the Exercise of the right of choice professional, vocational or general studies
hereditary estate  EXPN: If testator imposes time limit
2. After legitime (sourced from  can be exercised only after the DEATH of the
testator  EXPN to EXPN: "diligently" - heirs may petition the
DFP) court for termination to prove that diligence is
 If choice was granted to legatee or devisee, and he
Instruction to pay is unnecessary - it may be used as a prima dies before making the choice, the same shall pass wanting
facie evidence of the existence of the debt to his heirs Legacy for support - premised bilaterally on the needs of the
 If the legatee or devisee predeceased the testator, recipient and the needs of the giver. Sourced from DFP
OF CHOICE SHALL PASS TO HIS HEIRS  GR: No time limit (entire lifetime of legatee)
 EXPN: If testator so declared
940 Irrevocability of choice

 GR: Once communicated, cannot be revoked  Support must NOT be "MARKEDLY

 EXPN: if proven to have chosen with vitiated DISPROPORTIONATE" to the estate of the
Alternative legacies and devises consent decedent. (to be determined by probate court)

Rules on alternative legacies and devises Termination of support

1. Right of choice belongs to the heir, legatee or 1. Death of recipient

devisee charged, as the case may be. If none is 2. When the resources of the obligor have been
burdened, the choice shall be made by the reduced to the point where he cannot give the
942 support without neglecting his own needs and
executor or administrator
2. Legatee or devisee cannot be compelled to receive those of his family
part of one and part of the other 3. When the recipient may engage in a trade,
3. Person charged cannot choose an impossible thing profession, or industry, or has obtained work, or
or that which could not have been the object of the has improved his fortune in such a way that he no
legacy or devise longer needs the allowance for his subsistence
Generic legacies and devises 4. When the recipient, be he a forced heir or not, has
4. Right of choice is lost when only one is practicable
5. legatee or devisee have the right to indemnity for committed some act which gives rise to
 Legacies
damages against the person charged if all the disinheritance
o GR: Valid
things are lost or compliance with the legacy or 5. When the recipient is a descendant, brother or
o EXPN: Not valid if they do create
devise becomes impossible. The measure for sister of the obligor and the need for support is
uncertainty e.g. beast of burden.
damages is the value of last thing that was lost caused by his or her bad conduct or by the lack of
 Devises
6. If the right of choice was granted by testator to the application to work, so long as the cause subsists
o GR: Not valid
legatee or devisee, the person charged shall be o EXPN: Valid if there is a property of the
governed by the ff: same kind in the estate

51 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Pure and simple legacies and devises - the
945 acquisition of rights thereto accrues from the 949
moment of the death of the testator.
2. Legacies and Devises of specific movable and
Legacy of pension - debts and taxes shall be paid first immovable property - same Rights to fruits and interests of generic things
3. Legacies and devises of generic movable or
 If he testator imposed upon heir, legatee or devisee immovable property - accrues when the person  GR: The right of the legatee or devisee to the fruits
the obligation to pay the periodic allowance of a bestowed upon the right select makes such and interests of generic legacy or indeterminate
third party recipient: selection devise accrues only after the selection has been
o Heir, legatee or devisee who is burdened a. Generic immovable: its validity depends made by the person burdened
must have first received his share or on the availability of such immovable  EXPN: If the testator so ordered, fruits and interest
participation in the estate property in the estate can automatically pertain to the legatee without
o Cannot exceed the value of his share 4. Alternative legacies and devises - from the moment waiting for the selection
o If compulsory heir: the allowance shall in the right of choice was exercised  EXPN to EXPN: Even if the testator so ordered, the
no case exceed the value of his share in 5. Legacies and devises whose objects are, with the fruits and interest will first be applied to the debts
the DFP. Otherwise, it will impair his knowledge of the testator, owned by a third person and taxes due the testator
legitime - from the time the person burdened with such
 In every case the will must be admitted to probate legacies or devises acquires the relevant objects
from the third party owner
6. Legacies and devises subject to a suspensive
condition or term - from the arrival of such 950

948 No compulsory heirs - If testator has compulsory heirs, this

Usufruct not to be discharged - reaffirms 934; burden passes
to heir, legatee or devisee article is inoperative and 911 shall apply. Furthermore, if the
residual estate is sufficient to pay legacies and devises, this
Right to fruits and interests of generic things also will not apply

947  Requisites:  Requisites

1. The object is specific and determinate 1. In his will the testator gave various
2. The object belongs to the testator legacies and devises
Right to pure and simple legacies and devises - after admitted 2. The estate does not have sufficient
Risk of loss and benefit of improvement assets pay all these legacies and devises,
to probate and the subsequent payment of debts, expenses
after payment of claims against the
of administration, and the taxes due  Res perit domino - the loss of a thing is a risk of the estate, if any, he estate tax, and the
owner. Heirs acquire ownership over the expenses of administration
Transferability of the right to pure and simple legacies and
properties upon the death of testator 3. The testator has no compulsory heirs
devises - if no physical delivery yet at the time of the legatee
 EXPN: If prior to the delivery of the object of the
or devisee's death, it is AUTOMATICALLY transmitted to his
legacy or devise, the thing is lost or it otherwise Order of preference
own estate
deteriorates due to the fault or negligence of the
Summary of rules person charged with the obligation to deliver it, 1. Renumeratory legacies and devises - intent,
that person is personally liable to the legatee or moivate and reason must be expressly declared. If
devisee for such loss or deterioration not, it will be considered as simple

52 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
2. Preferential legacies and devises - no reason  GR: The very thing devised must be given 3. Forced heir has two capacities: Compulsory and
needed. He can just label it as "preferential"  EXPN: If the one burdened makes an agreement voluntary. Hence, he may:
3. Legacies for support - includes transporation with the beneficiary a. Accept or repudiate both
4. Legacies for education  EXPN TO EXPN: b. Accept one or repudiate the other
5. Legacies ad devises of specific things - must be part 1. May be objected by any heir
of the estate of the testator 2. Must be approved by the probate court Illustration (PAGE 707-708)
Payment of legacies and devsises - order is strictly observed Delivery expenses - on account of the person charged

951 953

Ineffective legacies and devises

Right of accession Necessity of orderly delivery 1. Predecease
2. Incapacity to inherit
 Contemplates its broadest sense.
3. Repudiation
 Not only the thing produced by or incorporated or
954 4. any other cause in 957
attached to the principal object, but also any
subordinate or supplemental part or object used for Remedies:
convenience, adornment or safety, or otherwise
give completeness to the principal object. Partly onerous unitary bequests 1. Substitution
1. EX: CAR: entire car with the spare tire and 2. Right of accretion
all other accessories  Indivisibility 3. In default, in will revert back to the mass of the
2. EX: Condo: fully furnished estate and will be distributed under the rules of
Right of heirs to accept the legacy or devise intestacy
 The testator may, however order the removal of
certain elements of the object, and to the extent
In case of substitution of accretion:
that such removal may be undertaken without
causing permanent damage to the principal object 955  GR: If the legacy or devise is subject to a burden or
or without impairing the utility thereof condition, the same shall be fulfilled
 The obligation of the person burdened with the  EXPN: If the burden or condition is purely personal
legacy or devise to deliver the same is conditioned Multiple legacies and devises to the predeceased, incapacitated or repudiating
upon their existence at the time of death of the legatee or devisee, then the condition is
testator 1. If one is onerous and the other is gratuitous - heir extinguished
 If impaired during testator's lifetime, person cannot renounce the onerous one and accept the
burdened need not to reconstitute them
2. If both are gratuitous or onerous:
Illustration ( page 709)
a. GR: Heir may accept one and reject the
b. EXPN: If the testator ended the legacies 957
or devises to be inseparable from each
Discharge of legacies and devises
Ineffective legacies and devises

53 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Loss of the things bequeathed - specific things. of his exercise of
Subject to the rules on fortuitous events right to repurchase
2. Transformation of the thing bequeathed
a. Form - physical appearance Divisibility of the gift - the part alienated is implicitly revoked.
b. Denomination - name e.g. conversion The remainder is valid
from agricultural to indusrial
i. EXPN: Renovation of
residential house is valid 958
because there is no change in
form and denomination. The
object of the devise is still a
residential unit, albeit much
3. Alienation of the object of the bequest - implied A misplaced provision
revocation. Even if the alienation is void.
Subsequent reacquisition will not reinstate the
legacy or devise.
EXPN: if involuntary e.g. writ of execution of
condemnation proceedings
a. Nullity of the alienation - broadest sense;
includes voidable alienations which have
been annulled by the courts. The critical
factor is the INTENT TO ALIENATE
i. However, if the consent of the
testator was vitiated to
alienate the property, then the
devise may be reinstated
b. Conditional alienation
i. Suspensive condition - will not
result in revocation until its
ii. Suspensive term - same
iii. Resolutory condition -
immediately revoked.
Happening of condition does
not reinstate
iv. Resolutory term - same
1. EXPN: legacy may be
reinstated if the
reacquisition of
ownership by the
testator is y reason

54 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
5. Samaniego-Celada v Abena - Error in the 8. Other causes of intestacy - 960 is not exclusive
CHAPTER 3 - LEGAL OR attestation clause as to number of pages is not
material as to invalidate the will
a. Resolutory term/condition
b. illegality of testamentary disposition

INTESTATE SUCCESSION 6. Alvarado v Gaviola, Jr - will admitted to probate

even if the same was read to the blind testator only
c. Preterition

once and neither by the notary public nor one of the

Section 1 - General provisions witnesses
7. Roxas v de Jesus, Jr - holographic will admitted
despite being incompletely dated because there
was no evidence of bad faith, fraud and undue and
960 improper influence The intestate heirs
a. Rodriguez v Borja - Testacy is preferred
1. Intestate heirs who are likewise compulsory heirs
over intestacy. When intestate
of the decedent
Preference of testacy over intestacy proceedings and petition for probate
2. Collateral relatives
simultaneously filed, the it is the former
1. Nera v Rimado - it is not necessary for the testator 3. Intestate heirs by default i.e., the State
that should be dismissed, not the latter.
and the witnesses, during the execution of the will,
to actually see each other affix their respective The presumed will of the decedent (who, what, how much)
signatures to the will, it being sufficient that the 962
might have seen each other sign had they chosen
to do so, considering their mental and physical Causes of intestacy
condition and position with reion to each other at
Fundamental rules of intestacy
the moment of inscription of each signature 1. Decedent dies without a will
2. Taboada v Rosal - 2. Decedent dies with a void will 1. Rule of proximity
a. Instead of signing at the end of the will, 3. Decedent dies with a will that had lost its EFFICACY 2. Rule of equal division
the witnesses may sign on the left margin due to revocation
(except with respect to the signatures of 4. Twill does not institute an heir The rule of proximity
the witnesses to the attestation clause; a. EXPNS
i. Sole provision is disinheritance  De los Santos v De la Cruz - Nephews and nieces
b. Even if the attestation clause failed to
ii. Partition of estate excludes a grand niece
state the number of pages used upon
which the will was written, such omission iii. Distributed the estate through  Bagunu v Piedad - third degree (maternal aunt)
did not invalidate the will "this last will legacies and devises, without excludes the fifth (daughter of first cousin)
and testament consists of two pages having to institute any heir  Heirs of Pascasio Uriate v CA - a nephew is
including this page" 5. The will failed to dispose the entire estate - partial considered a collateral relative who may inherit if
3. Icasiano v Icasiano - one witness omitted a page to 6. Non-fulfillment of a suspensive condition attached no descendant, ascendant or spouse survives the
sign in the original copy, but the carbon copy has all to the institution of heirs decedent. That the newphew is only a half-blood
the signatures 7. The instituted heir predeceases the testator or is relative is immaterial
4. Lopez v Liboro - will valid even if the first sheet has otherwise incapacitated to inherit from the latter,
Exceptions to the rule of proximity
no pagination, the testator affixed his thumb mark or repudiates the inheritance
instead of his name; no statement in the will that a. Predecease or incapacity may be 1. The rule of proximity yields to the right of
the testator knew the language in which it was remedied by substitution or right of representation - (page 735)
written representation
2. Relatives of the descending line are preferred over
b. No right of representation in repudiation
relatives in ascending line
55 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
3. Relatives in direct line are preferred over relatives 3. The representative does not inherit from the
in the collateral line 969 person represented
4. The representative must be capacitated to inherit
The rule of equal division - Heirs of the same degree inherit in from the decedent
equal shares 5. An adopted child may not represent his adoptive
Two instances when succession is pushed down to the
Exceptions to the rule of equal division parent
relatives next in degree:
a. De la puerta v CA - illegitimate child
1. The decedent's brothers and sisters of the full 1. Repudiation by the sole relative called to succeed cannot inherit from grandpa but can
blood are entitled to twice the shares of brothers 2. Repudiation by all the relatives called to succeed inherit from her own papa
and sisters of the half blood b. Sayson v CA - adopted children cannot
2. In the ascending line, the inheritance is divided (PP 742-743) exercise right of representation
equally between the paternal and maternal lines. 6. An adopted child may not be represented in the
Within each line, the inheritance is divided per Subsection 2 - Right of representation inheritance of his adoptive parent
capita 7. A representative only steps into the shoes of the
3. Whenever heirs inherit by right of representation, person represented
the representatives get only that portion which the 8. In the descending line, the right of representation
person represented would otherwise inherit if he 970 is exercisable in an unbroken chain one degree at a
were living and could inherit time
971 9. Because representation is a right created by fiction
Subsection 1 - Relationship of law, it does not take into account the wishes of
the deceased person

Concept of right of representation

 Available on: 972
a. Disinheritance
b. Incapacity
c. Predecease
Representation in the descending line
Availability and scope of representation
Representation in the collateral line
966  Testate (legitime only)
1. Only in intestate, not testate
a. Disinheritance
2. It may be exercised exclusively by the children of
b. Incapacity
967 brothers and sisters of the decedent, who e
c. Predecease
therefore the decedent's nephews and
 Intestate (full intestate share) nieces. Nephews and nieces inheriting in a
968 a. Incapacity representative capacity inherit as relatives of the
b. Predecease decedent in the second degree. The right of
Basic principles of the right of representation representation cannot extend to grandnephews
Accretion in intestate succession - available only when a and grandnieces
vacancy in the inheritance brought about by incapacity or 1. The right of representation is an exception to the 3. Nephews and nieces may exercise the right of
repudiation cannot be remedied by the right of rule of proximity representation only if they concur with one uncle
representation 2. The representative is called to the succession by or aunt; otherwise they inherit in their own right as
law relatives of the decedent in the third degree
56 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
4. Subject to the Iron curtain rule 1. A repudiator may represent him whose inheritance
he has renounced
(pp 756-757)
2. A repudiator cannot be represented
 Abellana-Bacayo v Ferraris-Borromeo - a
decedent's uncles and aunts may not succeed ab Differences between representation in testamentary and
intestato so long as nephews and nieces of the
intestate succession (pp 764-766)
decedent survive and are willing and qualified to
succeed 1. Representation in testamentary succession
Representation of illegitimate brothers and sisters 2. Representation in intestate succession


Capacity to succeed


Distribution per stripes

1. Regardless of the actual number of representatives

they are considered as one group entitled to get no
more than the share of the person whom they
2. A distribution of the estate per capita would work
injustice to those heirs who inherit in their own




57 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 2 - Order of intestate succession 2ND Illegitimate children relatives
The principle of concurrence - legit children do not exclude and their descendants, within the
whether legitimate or fifth degree,
the surviving spouse and illegit children. Brothers and sisters
illegitimate for which
do not exclude the surviving spouse
3RD In default, the reason they
legitimate parents exclude
Problem in case of partial intestacy - ( pp 768 - 770) 4TH Surviving spouse legitimate
5TH Illegitimate brothers, uncles and
Order of intestate succession sisters nephews and aunts
1. Order of intestate succession to a legitimate 6TH the State
decedent Subsection 1 - Direct descending line
3. Differences between the succession to a legitimate
1ST Legitimate Children
and their legitimate and an illegitimate decedent
descendants, with Legitimate Illegitimate 978
respect to their Legitimate parents and illegitimate parents
legitimate parents and other legitimate are excluded by any
other legitimate ascendants are descendant, 979
ascendants excluded only by whether legitimate,
2ND In default, legitimate legitimate children and adopted, or
parents and other legitimate descendants, illegitimate
as well as by an adopted Legitimate descendants - legitimate children
legitimate ascendants
child exclude the parents and other descendants, the collateral
with respect to their
Legitimate parents and illegitimate children relartives, and the state
legitimate children
3RD illegitimate children other legitimate and their
The adopted child - deemed LC
and their descendants, ascendants enjoy a descendants enjoy a
whether legitimate or preference over preference over
illegitimate illegitimate children and illegitimate parents
4TH Surviving spouse their descendants 980
5TH Legitimate brothers, Succession in the Succession in the
sisters, nephews and ascending line includes ascending line is
nieces legitimate parents and limited to the
other legitimate illegitimate parents Intestate share of children - own right, equal shares
6TH Other legitimate
collateral relatives up ascendants only. Other
to the 5th degree illegitimate
7TH The State ascendants are
Legitimate brothers, In the collateral line,
2. Order of intestate succession to an illegitimate
sisters, succession is limited 982
nephews and to illegitimate
1ST Legitimate children and nieces enjoy a brothers, sisters,
other legitimate preference nephews and
descendants, with over all other nieces. No other Children concurring with grandchildren - extends
respect to their legitimate collateral relative is up to great grand children (third degree)
legitimate parents collateral called to succession

58 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Combination of intestate Intestate shares Note:
983 heirs
1 LC Entire estate  Adopting parents are not compulsory heirs
Two or more LC Equal division  No legitime, no preterition as to them
Concurrence of legitimate and illegitimate children
1 LC and spouse ½; ½  Source of inheritance is the DFP
Two or more LC and spouse Equal division  If the adopted child were an illegitimate child of
Legitimate parents Equal division
(Page 775) his biological parents, only the illegitimate
Legitimate paternal and per stripes brothers, sisters, nephew and nieces of the
test of sufficiency of the estate (adopted always considered maternal ascendants adopted child may inherit
LC) Illegitimate parents Equal division
Spouse Entire estate Subsection 2 - Ascending direct line
1. Notionally divide the estate into two equal parts; Spouse with brothers or ½; ½ subject to 1006
the strict legitime and the free portion sisters (full/half blood)
2. Set aside strict legitime for the legitimate children. Brothers, sisters, nephews, Entire estate divided
Assign two points for each legitimate child and nieces equally, subject to right of 985
charge the same to the strict legitime representation under 1006
3. To the free portion, charge two points to cover the Collateral relatives within Entire estate
the fifth degree
share of the surviving spouse and one point for Ascendants as secondary intestate heirs
each illegitimate child
4. If the points charged to the strict legitime are
greater than or equal to the points charged to the
free portion, the estate is sufficient to pay the full 984
intestate shares of all intestate heirs
5. If the points charge to the free portion are greater
than the points charged to the strict legitime, the Parents as sole intestate heirs
Successional rights of biological parents - not adopting
estate is insufficient to pay the full intestate shares
parents Rule on equal division
of illegitimate children
6. If the estate is insufficient to pay the full intestate Succesional rights of the adopting parents (190, FC)
shares of the illegitimate children, distribute the
same by simply giving the legitime of legitimate LC and IC (and Ordinary rules on intestate 987
children and the surviving spouse, and thereafter descendants) + SS
give the balance of the estate to the illegitimate [Parents (Legit/illegit) or ½; ½ (DFP)
Legit ascendants] +
children in equal shares
Adopter Successional rights of other ascendents - per strips (by line)
(page 777 - 778) SS/IC + Adopters 1/2; 1/2 and per apita

IC + SS + Adopters 1/3, 1/3, 1/3

Adopters Entire estate
Only collateral blood ordinary rules on intestate
Subsection 3 - Illegitimate children
relatives succession

988 - entire estate

59 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
The illegitimate children - third in rank  Vda. de Crisologo v CA - legitimate cannot inherit distinguish between her
from illegitimate legitimate and illegitimate
 Applies when (entire estate) grandchildren. Neither did her
o No LC Conclusive presumption of animosity - the only way which husband Fredericowho in fact
o No Legit parents succession can flow is through testamentary succession legally raised the status of
o No spouse Emilio III from an illegitimate
The barrier operates bilaterally
grandchild to that a legitimate
illegitimate children as concurring intestate heirs - excludes
collateral relatives  Cacho v Udan - legitimate brothers of deceased child. The peculiar
mother are precluded from ineriting from an circumstances of this case,
 Del Prado v Santos - illegitimate son excludes illegitimate child painstakingly pointed out by
legitimate brother counsel of petitioner,
Application of the barrier in the collateral line overthrow the legal
presumption in 992 of the Civil
1. Conformable with the ruling in Cacho, a legitimate
Code that there exists
989 child is barred from inheriting ab intestato from an
animosity and antagonism
illegitimate uncle (i.e., an illegitimate brother of his
between the legit and the
990 illegit
a. Corpus v Corpus
2. A legitimate child cannot inherit ab intestato from
a half blood brother in illegitimate line
Right of representation Manuel v Ferrer - a ward (ampon), 993
without the benefit of formal (judicial)
adoption, is neither a compulsory nor a
legal heir

a) Inquiry into filiation

a. Leonardo v CA - birth Succession to an illegitimate child (See page 59 of this
Illegitimate children concurring with legitimate ascendants certificate used by the court in reviewer)
holding that petitioner cannot
(pp 785-786) inherit because he is an
Concurrence of intestate heirs
illegitimate child Concurring heirs Share
LC + IC IC = 1/2LC
b) The "relatives" covered by the barrier LC + IC + SS SS = 1 LC
a. Diaz v IAC - broadest sense; IC = ½ LC
includes not only the relatives illegit parents + SS ½, ½
in the collateral line but also Illegit sibs + ss ½, ½
The barrier - it covers: those in the descending line
1. Intestate succession Subsection 4 - Surviving spouse
c) Rebutting the presumption of animosity
2. Right of representation
a. Suntay v Conjuangco-Suntay -
Reason for the barrier "love first descends, then
ascends, and finally, spreads 995
sideways. Christina did not

60 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Qualifications to successional rights of the surviving spouse - 1. Brothers, sisters, whether full blood or half blood
996 Marriage must be terminated by death of decedent. If void or and their respective descendants (nephews and
annulled, spouse also cannot inherit. nieces)
2. All other collateral relatives
997 Disqualification resulting from legal separation, Declaration
of nullity of marriage, and annulment of marriage - see Art Collateral relatives are not compulsory heirs
998 892
Collateral relatives are excluded by compulsory heirs
Intestate share of surviving spouse concurring with one
999 legitimate child - same share. in testate, SS's legitime is 1/4  GR: Collateral relatives of the decedent are
Santillon v Miranda  EXPN: Brothers and sisters or their children may
1000 survive with the SS
Spouse concurring with grandchildren (816 - 817) Brothers and sisters inherit in their own right - per capita
Subsection 5 - Collateral relatives Full-blood and half-blood relationship

1002 Step relationship

1003 Nephews and nieces inherit in their own right or by

The surviving spouse as concurring intestate heir
1004 Brothers, sisters, nephews and nieces exclude all other
SS Entire estate
SS with LC/descendants Same share as LC  De papa v Camacho - Niece excludes maternal aunt
SS with LP/ascendants ½, ½
SS with IP ½, ½ Summary of successional rights of brothers, sisters, nephews
SS with IC ½, ½ and nieces (821-822)
SS with LC + IC SS = 1LC
IC = ½ LC 1007 Successional rights of other collaterals - WITHIN THE 5TH
SS with LP/ascendants + IC ½ = LP/ascendants DEGREE
¼ = SS
¼ = IC 1008
Subsection 6 - The State
SS with sibs and/or their ½ = SS
descendants ½ = sibs, subject to right of 1009
representation of nephews
and nieces (without 1011
prejudice to nephews and 1010
nieces inheriting in their
own right) and subject 1012
further to Art 1006
(half/full) Classification of collateral relatives

61 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l

The state as in intestate heir by default

Escheat proceedings


Beneficiary (non-private)

 Public schools
 Public charitable institutions and centers

Reversion of estate - claimant may file his claim within five

years from the time the property is delivered to the state

Tabular summary of intestate shares

(pp 825-827)

62 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
2. Renunciation of accretion - the beneficiary has the a. expn: if mode of delivery only (generic),
CHAPTER 4 - right to accept or reject the accrual both in testate
and intestate succession
there is still accretion

PROVISIONS COMMON Vacancy in the inheritance in intestate succession


TO TESTATE AND 1. The first remedy in intestate succession: Right of

2. The final remedy in intestate succession: Right
Accretion in intestacy - the right of representation is superior
to the right of accretion

Section 1 - Right of accretion (pp 836-839)

Qualification in Article 1018

 "Co-heirs" - does not apply if compulsory heir

Requisites of accretion because accretion does not apply to legitime
 Hence, 1018 applies only when the repudiator is a
1. Unity of the object - one inheritance, one legacy,
voluntary heir
Available in: one devise
2. Plurality of the subjects - two or more persons
1. Predecease 3. Vacancy in the inheritance, legacy or devise -
2. Incapacity predecease, incapacity, repudiation 1019 - proportionate distribution of
3. Repudiation 4. Acceptance of the inheritance by those who are to the DFP based on respective shares.
4. Non-fulfillment of suspensive condition benefit from accretion - must be capacitated to Legitime must be excluded
5. Nullity of testamentary disposition with respect to accept
a particular beneficiary 5. Non-earmarking of shares - no specific assignment 1020
that will make one an EXCLUSIVE ONWER OF THE
Vacancy in the inheritance in testamentary succession
PROPERTY; heirs will be co-owners
1. The first remedy in testamentary succession:
Accretion carries with it the obligations attached to the
Substitution of heirs
vacant portion
2. The second remedy in testamentary sucession: 1017
Right of representation
3. The Third remedy of testamentary succession:
Right of accretion 1021
Concept of non-earmarking
Note: Substitution can only be exercised by the testator;
representation and accretion can only be exercised by heir, Illustrations (page 835)
except if testator should specifically prohibit accretion (pp 840-842)
Earmarking of hereditary share; examples:
The right of accretion in testamentary succession Accretion does not apply to a vacancy in the legitime -
1. All immovable property to Sherwin, all movable legitime shall be re-distributed among compulsory heirs,
1. Prohibition of accretion - testator can expressly property to Andrei disregarding the one who caused the vacancy
prohibit the same 2. Eastern part to Loanzon, Western part to Sandoval
3. Peso account to Borgy, Dollar account to Alfie
63 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Accretion with respect to vacancy in the disposable free


Intestacy following a failure of accretion in testamentary

succession - law on intestate succession will apply on the free

Accretion in intestacy

 Predecease
 Incapacity
 Repudiation


Accretion among usufructuaries

64 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 2 - Capacity to succeed by will or by 3. Incapacity by reason of unworthiness - It is the only because the law, under this provision, gave them
incapacity that applies to both one.
intestacy o Not included: Unregistered labor
1025  Testamentary trust - may be established y the
1024 testator and endow it with funds to establish an
educational or charitable institution. The legal title
to the property is vested in the trustee.
Essential element of capacity to succeed - the existence of the
Capacity to succeed - presumed unless the is a law that states heir, legtee or devisee at the time of death of the testator or Application to testamentary succession - All entities may
otherwise. Must be proved by competent evidence by an heir decedent. Consequences: ONLY inherit through testamentary succession EXCEPT the
who challenges the capacity of another heir STATE, which can be an intestate heir
1. Those who predeceased the testator or decedent
Absolute and relative incapacity - cannot inherit
2. Those who are yet to be conceived the time of
incapacity of a person to Incapacity of a person to death of the testator or decedent cannot inherit
inherit from any one or to succeed a particular a. EXPN: Presumptive personality of an
inherit any property under decedent or to inherit a unborn child under Art 40 and 41:
any circumstance for the particular property. E.g: i. GR: Alive at the time it is Incapacity by reason of possible undue influence
duration of such incapacity. 1. Persons completely delivered from
E.g: inherited under mother's womb  Paragraph 6 is a misplaced provision
1. Those who were 1027 ii. EXPN: Intra-uterine life of less  Applies only to testamentary succession because
not alive at the 2. Persons than 7 months, not deemed they are irrelevant in intestate
time of death of referred to in born if it dies within 24 hours
the decedent 1028 after its complete delivery from 1. The priest and the minister of the gospel
(other than those 3. Persons a. Priest (deacon, nun, brother, lay minister,
the mother's womb
granted the referred to in etc not covered because they are not
presumptiv 1032 Parish priest of Roman Catholic church of Victoria authorized by Cannon Law to hear the
personality) 4. Illegitimate Tarlac v Rigor - The will is inoperative because no confession):
2. Those inheriting children under nearest male relative of the testator pursued priesthood at i. Confession
by representation 992
the time of his death; a condition imposed by him in the will ii. Incapacity still holds even if
3. Those inheriting
in order to dispose his properties by testate succession. testator died of a different illness,
property even by accident. What's is
important is that at the time of
1026 confession, he knows he's gonna
die soon :(
Application to testacy and intestacy - second paragraph of iii. Testator need not die
this Article is inaccurate. There are three types of incapacity immediately after confession
under this code: Capacity of Juridical persons and unincorporated entities to iv. EXPN: If he recovered and had
succeed sufficient time to reflect and
1. Incapacity by reason of undue influence - 1027;
revoke his decision
applies only to testamentary succession  "organizations or associations for religious,
v. Incapacity of the priest cannot be
2. Incapacity by reason of public policy or morality - scientific, educational, or charitable purposes" - No
invoked in the following cases
1028; applies only to testamentary succession juridical personality but has capacity to succeed

65 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Other spiritual needs the priest for some d. Coverage of the disqualification - Both
not confession past services e.g. person and property
2. At the time of the vital testimony. e. Nature of the disqualification
institution of the priest, Even if he heard i. Disqualification applies when the
the testator made a the last ward executed the will before the
special provision for his confession, still "final accounts" of the
illegitimate child, eligible to inherit guardianship
faithful servant, friend e. If priest is 1. Terminates the
a. UNLESS IT CAN BE compulsory heir. guardianship
PROVEN THAT However, he is not ii. Hence, what is prohibited is
PRIEST EXERTED entitled in excess receiving a testamentary benefit
UNDUE of his legitime in the course of the guardianship
INFLUENCE b. Ministers of gospel 4. The attesting witness
3. Wil executed BEFORE i. Any form of spiritual aid a. Renders inoperative the exception in Art
the confession 2. Relatives of the priest and minister of the gospel 823
4. No economic benefit in a. By Consanguinity within the fourth civil 5. The physician, nurse or druggist
favor of the priest, degree. a. Continuity of the services - not merely
hence the ff are valid: b. Spouse or mistress not mentioned isolated services e.g. a private nurse on a
a. Priest is appointed c. Incapacity extends to Church, religious temporary basis
executor even if order, chapter, community, organization or b. Extension of the disqualification - not
he receives some institution to which the priest or the necessarily licensed e.g. caregivers
compensation minister of the gospel belongs c. Time of the execution of the will - last illness
b. Priest designated 3. The guardian + continuance of the services of the
as guardian of a. The incompetence of the ward is the legal healthcare provider shortly thereafter;
minor children basis of guardianship - the lack of capacity hence if the services have long been
even if priest to act. terminated, he can inherit.
would have b. Types of guardians d. Compulsory heirs are not covered by the
administration Legal Judicial disqualification - He can get legitime but he
over the property No Judicial Appointed by court has no share in the disposable free portion
of the minor appointmen over i. Sebastian: He should not be
children and t e.g. 1. The person barred from receiving a
would be entitled parents - no power renumeratory devise or legacy
to some to enter e. The disqualification excludes the payment
compensation into of lawful debts
c. Disposition
s in behalf
directing the
of the ward
executor to pay a 2. The 1028
debt to the priest property/ie
or for some prior s
services, provided 3. both
not excessive Incapacity by reason of morality and/or public policy
d. Renumeratory c. The guardian covered by the disqualification
legacy or device to - Judicial
66 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Disposition in favor of the mistress or paramour - property he had left for prayers and pious works - received by a disqualified person through the
preponderance of evidence; prior conviction not if this element is not present, this provision is instruction of the testator
necessary inoperative  Must be proved in order to obtain an Judicial
2. Disposition in favor of a co-conspirator - illegal 5. The testator did not specify the nature of the declaration of nullity. Never presumed
cause; when convicted in a final judgment prayers or the specific pious works to which the
a. EXPN: property shall be applied The Disqualified persons under this provision
i. When they are reciprocal
When all these requisites concur: 1. 1027 (undue influence)
compulsory heirs with respect
2. 1028 (morality or public policy)
to their legitime 1. ½ of the property or the proceeds thereof shall be
ii. Intestate succession delivered to the church or denomination to which 1032 is not included because it may be condoned
3. Disposition in favor of a public officer the testator belong;
a. Purpose: to deter bribery 2. The other half or the proceeds thereof shall be
b. Elective and appointive officials and delivered to the stated to be used exclusively for
employees, permanent or temporary, the benefit of public schools and charitable
whether in the classified or unclassified institutions and centers 1032
or exempt service receiving
compensation, even nominal, from the
1030 Nature of disqualification - applies to both testate and
c. Void if given by reason of office; illegal
FOUND SOMEWHERE IN THE WILL Causes common to disinheritance and unworthiness
Class institution
(see table on pp 868-870)
The implementor and the beneficiaries - their decisions are
not final and executory; may be challenged y an interested Violations to the testamentary privileges of the testator - Par
party and subject to the approval of the probate court 6, 7, 8

Institution of the soul - Law recognizes the capacity of the 1. The person specifically named 1. The heir, through fraud, violence, intimidation and
soul to inherit even if a Juridical person under Art 37 2. The executor undue influence:
3. Committee of three (3) persons a. caused the testator to write a will
Soul deemed instituted as heir; Requisites: a. Mayor b. caused the stator to change a will already
b. City/Mun Treasurer made
1. The testator disposed the whole or part of his c. MTC Judge c. prevented the testator from making a
estate, in general terms
2. The testator intended that the testamentary
d. prevented the testator from revoking a
dispositioto be for the benefit of his soul
1031 will
3. No particular person is charged or burdened with
2. the heir supplanted, concealed or altered the
the fulfillment of the testamentary directive, i.e.,
testator's will
the testamentary disposition i not a condition or a
3. the heir falsified or forged the supposed will of the
charge imposed by the testator on a particular heir, Circumvention of the law decedent
legatee or devisee, as in the case of conditional or
modal institution  "Intermediary" - A third person who in paper will
4. The testator did not name a particular person who receive the benefit, but in fact the same will be
will carry out his instruction with respect to the Effects of incapacity by reason of unworthiness

67 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
 gets nothing via testate or intestate o EXPN: May be revoked if consent is If the heirs dies before the fulfillment of the suspensive
 Compulsory heir will be deprived of legitime vitiated by Fraud, Mistake, Violence, condition, he is not qualified to inherit because he died
intimidation or undue influence before the disposition could become effective
Disinheritance Incapacity
Penalty imposed by testator Penalty imposed by law Effect of reconciliation and condonation

 Example: Son's attempt on the life of his father:

o If the father chose to disinherit the
offending heir, it is presumed that he 1035
1033 submits to the provision of 922 that
prescribes reconciliation as the mode of
restoring the successional right of the Representation of the incapacitated heir
Condonation of unworthiness disinherited son
o If the father chose not to disinherit the TESTAMENTARY INTESTATE SUCCESSION
Implied condonation son, it is presumed that the father SUCCESSION
submits to Art 1033 that prescribed Representation limited to Full intestate share
1. Knowledge of the facts which render the offender the legitime
condonation as the mode of restoring
incapacitated to succeed him No right of representation Representation is available
the successional right of the disinherited
2. Executes a will and makes a provision in favor of in ascending and collateral in the collateral line, but
the offender only in favor of the children
3. Will is admitted to probate Effect of condonation - restores full successional rights. The of the incapacitated
condonation must refer to a specific antecedent act of brothers or sisters of the
unworthiness. Like specific denial of each of the grounds.
May an offender who was implicitly forgiven by the testator General condonation not sufficient.
in a will be allowed to inherit by intestacy if the will is revoked Exclusion from usufruct and administration of the property -
Also, commission of a subsequent offense is not covered by a
otherwise denied probate? the objective of the law is to prevent an incapacitated person
prior condonation.
from indirectly benefitting from the inheritance of which he is
No. First, because the revocation of the will includes the deprived by law
revocation of the testamentary disposition in favor of the
offender which is the basis of implied condonation, 1034
Second, because the authenticity of the will was not
Judging the capacity of an heir (1032) 1036

1. (par 2) - attempt on the life; deferred until final

Express condonation judgment
Validity of acts prior to the declaration of incapacity
2. (par 3) - accused of crime 6 years or more; deferred
 Requires a written document (simple private
until final judgment  GR: Acts of disposition or administration of heir in
3. (par 4) - violent death; one month bad faith is binding prior to declaration of
 No need to notarize
4. (par 5) - adultery or cocubinage; deferred until final incapacity. He would be liable for actual and
 Need not to be in the testator's handwriting,
judgment consequential damages
provided it is signed by him
 GR: Unconditional, irrevocable, and immediately  EXPN: if the third person acted in bad faith.
executory Property may be recovered

68 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
o Judicial declaration of incapacity of heir
1037 who wrongfully took possession of the
o For the recovery of the hereditary
Classification of expenses property from the taker, together with
its fruits, interest and accession, as well
1. Necessary expenses - shall be refunded as for the recovery of damages resulting
(preservation) from such wrongful taking
2. Useful improvements - can be removed without
damaging the thing Proper parties - Real party in interest; the party who stands
3. Expenses of pure luxury - cannot be refunded to be benefited or injured at the outcome of the suit

Alienation of property wrongfully taken


Unauthorized possession of the hereditary property by an

incapacitated person - deemed possessor in bad faith. Hence,
he is liable for the accessories and accessions as well as
consequential damages


Nationality rule

Art 16 Art 1039

Order, successional rights, Capacity to succed
intrinsic validity

Summary of conflict rules in succession


Prescriptive period

 Five years:

69 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 3 - Acceptance and repudiation of
1044 1045

Capacity to accept or repudiate - must have capacity to act; Acceptance of inheritance left to Corporations
1041 power to do acts with legal effect; must possess the free
disposal of his property, i.e, the right to freely alienate his
and other entities
 Sec 23 of Corpo code - Power to accept
Prohibition against compulsion
Capacity to Accept Capacity to repudiate vested in Board of Directors/trustees.
Vitiated consent Acceptance may be made Judicial authorization Resolution accepting the same is
through legal needed. Repudiator should
1. Free representative without possess the free disposal of sufficient
2. Intelligent need for judicial his property. An heir may  Repudiation - court approval
3. Spontaneous authorization repudiate an inheritance  Unincorporated corporations
provided such repudiation
Vices: does not cause damage or institutions, entities - appointment of
prejudice to third persons. lawful representative. SPA sufficient
1. Mistake
2. Violence
1. Repudiation - requires the
Minors and other incapacitated persons
individual act of members (?)
5. Undue influence  GR: Without judicial authorization,
parents/guardians may ACCEPT inheritance left to
minors 1046
 EXPN: Judicial authorization needed if the
1042 inheritance is burdened with an obligation which
the minor or incapacitated person is unable to
perform Public official establishments may accept or repudiate ONLY
through the agency or department of the government where
Retroactive effect of acceptance and repudiation - moment
Guy v CA - Parents and guardians repudiate the they are attached - non-governmental functions such as
of death of decedent; deemed not to have inherited at all
inheritance their wards without judicial approval. This is national museum, public library, or a center for arts and
because repudiation amounts to an alienation of property culture. They are not juridical persons.
which must pass the court's scrutiny in order to protect the
1043 interests of the ward

Acceptance of an inheritance left to the poor in general 1047

Essential requisites of acceptance and repudiation  May be accepted (not repudiated) by:
1. The person specifically designated by the
1. Certainty of the death of the decedent Irrelevant. Married woman may accept or reject an
testator to identify the beneficiaries
2. Certainty of the right to the inheritance inheritance without the consent of her husband. It will not
2. In default, the executor
form part of the conjugal property
3. In default, the Mayor, City/Mun
Treasurer, and judge of MTC

70 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
b. Authentic - genuine; accepted by parties; decided in one case the one who is
1048 authenticity proved e.g Holographic will directly interested in a will can only
2. Repudiation by petition for repudiation of intervene in its probate
inheritance 2. Succession has opened
Deaf-mutism as a limitation on capacity to act 3. The successional rights of the repudiator must have
Rationale for the difference in the form of accepting and been duly established - will must have been
 Literate - May accept/repudiate with/without repudiating an inheritance admitted to probate and all charges must have
guardian 1. Material adverse effect on patrimony been paid
 Illiterate - Cannot accept without guardian. For 2. Re-alignment of rights of heirs 4. The repudiator must have the free disposal of his
repudiation, guardian must be a judicial guardian property - must be a fully capacitated person and is
and court approval must be secured. Authority of Effect of repudiation compared to disinheritance and subject to no legal constraint in disposing his
the guardian excludes acts of strict dominion. preterition property
5. The repudiated inheritance must have not been
REPUDIATION DISINHERITANCE PRETERITION distributed with finality - court should have not yet
heir excludes testator testator distributed the estate. If the settlement
1049 himself deliberately unintentionally proceedings have been closed, the remedy of a
excludes heir excludes heir
creditor against the repudiator is barred by laches.
Q: is there
1050 6. The creditor must prove that the repudiation of the
preterition if the
inheritance caused him damage
heir received
property by way 7. The recovery of the creditor is limited to the
Express and tacit acceptance of donation inter amount of his claim
1. Express acceptance
a. In writing (public or private)
i. Deed of self-adjudication
ii. Extrajudicial partition
Bases case (895-898) 1053 (903-904)
2. Tacit acceptance
a. Using the money 1054
b. Depositing the money 1052 - creditors may accept
c. EXPN: repudiating the inheritance in
general terms without designating a 1055
specific person or persons in whose favor
Requisites (This article does not apply in a case of an
he renounces the inheritance
extrajudicial settlement of the estate)
Drag-along repudiation
1. The creditor has a valid and lawful claim against the
 GR: he who repudiates an inheritance based on the
1051 repudiator
EXPRESS will of the testator is deemed to have
a. Leviste v CA - former counsel was not a
repudiated an inheritance based on the presumed
party to the probate proceedings in the
will of the testator
lower court. He had not direct interest in
Forms of repudiation  EXPN: he who repudiates an inheritance based on
the probate of a will. His only interest in
the PRESUMED will of the decedent is not
1. Repudiation in a public or authentic document the estate is an indirect interest as a
precluded from accepting an inheritance based on
a. Public - notarized former counsel of a prospective heir. As
the express will of the testator

71 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l

The General rule - acceptance or repudiation of an

inheritance is irrevocable

The exceptions

1. Vitiated acceptance or repudiation

2. Appearance of an unknown will


Time to accept or repudiate an inheritance - within 30 days

from the court issues an order for the distribution of the
estate; inaction is tantamount to acceptance

Express acceptance contemplated

Repudiation: Public/Authentic/Proceeding

72 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 4 - Executors and administrators Bonds

Nature of Bond

Amount of bond
Term of bond

Liability of sureties
Applicable law
Bonds of joint executors and special administrators
Qualifications of executors and administrators
Inventory and appraisal
Definition of terms
Three-month period
Nature or office of executor and administrator
Court's power to include or exclude assets
Discretion of office of executor or administrators
Allowance to widow and family
Discretion of the court in appointing an executor
Revocation of administration
Republic v Ferdinand Marcos II and Imelda Marcos
Removal. resignation or death of executor or administrator
Appointment of executor
Acts prior to revocation, removal or resignation
Appointment of co-executors
Powers of new executor of administrator
Appointment of administrator
General powers and duties
Next of kin

Order of preference

Opposition to issuance of letters testementary

Interested party

Saguinsin v Lindayag

Eusebio v Valmores

Opposition to petition for administration

Appointment of special administrators

Powers of special administrators

73 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 5 - Collation 2. if unable to make cash reimbursement, to the surviving spouse. The property remedy of the creditor
physically return the property is not to compel collation thereof but to file ction to declare
such donation void. If a donation is declared void the
ownership of the property is deemed never to have left the
1061 patrimony of the donor.
In the settlement of the estate of such donor, the
inheritance should include the property subject matter of
Collation an integrated solution
Dispensing of collation - if a donor stipulates that the the void donation even if the physical possession thereof is
Process: donation to a compulsory heir is non-collationable the yet to be recovered
donation shall nonetheless be accounted for but it shall be
1. Collation of donation - determine NHE and THE EXPN: Moderate gifts given by one spouse to another are not
charged to the DFP provided that the donation IS NOT
2. Determine whether or not donations are considered as donations
INOFFICIOUS. The waiver of collation must in all cases be
inofficious - determine legitime expressly stipulated in the relevant deeds of donation. Variants of collationable donations
3. Imputation of donation - charge donation to
legitime or DFP, as the case may be De Roma v CA - mere description of the donation as  Anything given by a person and received by
4. Restitution of inofficious donations - those which "IRREVOCABLE" should not be construed as prohibition another gratuitously other than by way of support
exceeded the DFP or legitime against collation  Examples:
1. Donation propter nuptias
Purposes of collation
2. Remission of debts
3. Renunciation of an inheritance in favor of
1. Preservation of the legitime (935-936) (pp 948-951) specified persons
a. Collation is relevant only when
Imputation of non-collationable donations 4. Sums paid by a parent for the
compulsory heirs succeed
outstanding debts of a child or for the
i. Arellano v Pascual Effect of repudiation latter's civil liability arising from a
b. Collation is likewise irrelevant if the
criminal offense
donee is the sole compulsory heir of the Illustration
donor - donor gave no further donations The person responsible to collate - GR: the Donee (personal
2. Quantitative equality among compulsory heirs Treatment of collationable and non-collationable donations to him)
with repudiation
(940-941) Vizconde v Ca - not a proper case of collation
a) Account for all donations
Two concepts of collation b) Charge the non-collationable donations to the  son-in-law who was not the donee is not a
disposable free portion property party collate
1. Collation as a national accounting process
c) Account for the collationable donation  Paranaque property can no longer be collated
2. Collation in the concept of returning the property
d) Distribution of the estate of A by intestacy because its proceeds were used to buy the
to the Donor's estate
Valenzuela property
Application of the two concepts of collation  Donee died ahead of donor. With her death
Exclusion of surviving spouse from the obligation to collation her obligation to collate the property
Fairness of collation in the concept returning property to the supposedly donated to her was extinguished.
- because donations between spouses are void a surviving
Donor's estate
spouse can never be made to account for donations given to
 Sebastian: him or to her by the deceased spouse in the liquidation of
1. Pay the cash equivalent first estate of the latter if it is shown that there was indeed a 1063
donation inter vivos of property made by the deceased spouse
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Property left by will
1065 1069
 Legacy or devise
 Transmitted only upon death
 GR: A legacy or devise given by the testator to a
Parents to collate the donations to their children Other collationable donations
compulsory heir is generally charged to the DFP
 EXPN: if the testator explicitly provided otherwise.  But grand child shall bring into collation the  GR: Deemed a donation
Hence, there is no really legacy or devise in this property to determine if the donation is  EXPN: if the payor caused the child to acknowledge
situation but a specific instruction that the legitime inofficious and indebtedness or to make a promise to
of heir shall be wholly or party by a specific reimburse the payor
movable or immovable property

Treatment of donations and testementary gifts given to 1066

compulsory heir 1070

 GR: chargeable to legitime

 Donation to spouse of child not collationable
 EXPN: non-collationable
 If donated to the spouse and child jointly by Wedding Gifts - object immaterial, as long as they don't
parents, only half is collationable (1/2 Legitime; ½ exceed 1/10th of the sum which is disposable by will
Illustrations (pp962-963)
(pp 973-979)
Base case (pp 968-969)
1064 Wedding gift, donation propter nuptias and ordinary
donation compared

1067 Imputation of wedding gifts

The relevant rules

1. When grandchildren inherit by right of

representation, they are obliged to bring to Expenses for support are not collationable gifts - will not be 1071
collation all collationable properties of their added to NHE (?) nor charged to DFP (please confirm)
2. If a grandchild who inherits by representation has Collation of value
received a donation from the grandparent whose 1068
estate is to be settled, the donation to such  GR: value at the time of donation
grandchild shall be collated and charged to DFP  EXPN: if inofficious, current value. Add this to the
Base case (964-967) Collation of expenses for education
Donation with appraised value - if the value of the donation
GR - non-collationable is stated in the deed, such value is PRESUMED to be the fair
1. Application in intestacy
2. Application in testamentary succession value. Still subject to the determinatoin of the probate court

1. When parents expressly provide that they are

collationable 1072
2. When they impair ng legitime

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Collation of donations made by joint debtors

 Both parents, ½ father ½ mother

illustrations (pp 980-982)



Reason for the rule


Fruits and interests of property subject to collation


Reimbursements to the donee


Distribution of estate should not be delayed - donee who

resists colation must provide adequate security

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Section 6 - Partition and distribution of estate 4. Person appointed by testator
Subsection 1 - Partition
Partition under a different name - sale, barter, exchange,
1078 compromise

Partition inter vivos

Co-ownership among co-heirs Historical antecedents 1083

Dimayuga v CA - must conform with the requisites
of a valid will
1079 The right to demand partition - belongs to every co-heir
Mang-oy v CA
 GR: Every co-heir may demand partition any time
The current rule  EXPN: When prohibited by testator
Dissolution of co-ownership - obligations of the estate must
Chavez v IAC - partition inter vivos may be ORAL or  EXPN TO EXPN: Max 20 years
be paid first
WRITTEN, and need not be in the form of a will, provided that  EXPN TO EXPN TO EXPN: When any cause for
1. Physical partition the partition does not prejudice the legitime of the dissolution arises
2. Partition of value compulsory heirs. Partition by will: comply with the requisites  EXPN TO EXPN TO EXPN TO EXPN: voluntary
of a will. encumbrance annotated at the back of the
Quasha Ancheta Pena and Nolasco Law Office v relevant certificate of title e.g. Condo
LCN Construction Corporation Obsertions on Dimayuga, Mang-oy and Chavez

 GR: the right of a co-heir to demand partition of the

hereditary estate is conditioned upon the payment 1084
of the following accounts: funeral expenses, Keeping an enterprise intact - heirs not assigned the
expenses of administration, the outstanding debts enterprise must be paid in cash
of the decedent, the estate tax Institution with a suspensive condition
 EXPN: if the estate has more than sufficient assets
to pay all the foregoing accounts, an advance 1081
distribution of the estate (effectively a partial
partition) may be permitted provided the heirs post 1085
a sufficient security that will guaranty the payment
Delegation of the power to partition the estate
of said accounts
 Inter vivos or mortis causa; will or some other Qualitative equality
Who may effect a partition
1. Heirs - no will, no debt, all legal age = extrajudicial  Making of the will is one thing, partition of the
parition; disagreement = action for partition or estate is another 1086
intestacy proceeding. One heir = affidavit of self-  Testamentary discretion vs implementation of
adjudication testamentary disposition
2. Court  Heir is disqualified by law from being the
3. Testator implementor of partition

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Treatment of indivisible things - Two alternative solutions to Subsection 2 - Effects of partition  Warranty - 5 years from date of partition
dissolve the co-ownership:

1. Adjudicate the thing to one heir who shall then be

obliged to pay the other heir or heirs the cash 1091 1096
equivalent of his or their shares. This option may
require that the property be professionally
appraised so that cash payment would be based on Effect of partition Exclusion to the warranties
fair valuation
2. Sell the thing at public auction where the heirs (or 1. Partition made by the testator
any of them) and the public shall be invited to 2. Waiver of warranties
participate. The sale at public auction is calculated 1092 3. Eviction for cause
to fetch the fair market value of the thing to be
sold. Subsection 3 - Rescission and nullity of partition
Warranty of title - heir cannot invoke warranty of ti

Warranty against hidden defects 1097


1093 Annulment of partition

Reimbursement of costs and benefits
Rescission in contract law - non-compliance
Liability of co-heirs under the warranty of title and hidden Rescission of partition - lesion
defects - in proportion to their respective shares (1011 - Void partition - same grounds; contracts
Legal redemption - within 30 days of notification of sale to Bautista v Bautista - an action to set aside an
third person illustration "invalid prescription" is imprescriptible

Alonzo v IAC - 30 days period began when the first Insolvency of an indemnitor
complaint for redemption was filed because it is when they 1098
were noti
1094 - action to enforce warranty -
10 years
Lesion in contract law
1095 Lesion in partition - if the value of the thing received is less
than ¼ of the share he is entitled to receive
Rescission of partition compared to rescission of a contract
Partition of receivables
 Contract: more than ¼; shall not take place with
 Aggrieved party must prove that insolvency existed respect to contracts approved by court
at the time of partition

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 Partition: at least ¼; judicially approved partition Maintaining an action for rescission
does not bar the remedy of rescission

Basis of valuation - time of valuation


Incomplete distribution of the estate - not a ground for
rescission; the remedy is to execute a supplemental deed of
Partition made by the testator - cannot e rescinded on the
ground of lesion

EXPN: 1104

1. when legitime is impaired

2. if heir can proved economic damage thru
competent evidence or if it can reasonably be Preterition in Article 1104 - during partition; compulsory heir
presumed that the testator intended to give him excluded by the partition of the heirs themselves; occurs
something of a definite value during intestate succession

Non v CA


Prescriptive period - same as contract (4 years)

Participation of strangers in the partition - void as to him

1101 Effect of the nullity of the partition - whatever may be

adjudicated must be returned to the estate

Rescission of partition is not mandatory; other options:

1. Indemnify the plaintiff heir for the economic

damage which the later sustained under the
2. To agree to a new partition


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