Reviewer Succession PDF

San Beda College of Law
53
MEMORY AID IN CIVIL LAW
SUCCESSION
SUCCESSION property are respectively given
 A mode of acquisition by virtue by virtue of a will
of which the property, rights and
obligations to the extent of the NOTE: The distinctions between
value of the inheritance, of a heirs and devisees/legatees are
person are transmitted through significant in these cases:
his death to another or others 1. Preterition (pretermission)
either by his will or by operation 2. Imperfect disinheritance
of law. (Art. 774) 3. After-acquired properties
4. Acceptance or non-
Kinds: repudiation of the
1. Testamentary or Testacy (by successional rights.
will);
2. Legal or intestacy (by operation 3. DEATH OF THE DECEDENT (casual
of law based on the decedent’s element)
presumed will);  Moment when rights to succeed are
3. Mixed (Partly Testamentary and transmitted (Art 777)
Legal); and  However, a person may be
4. Partition inter vivos (to a certain “presumed” dead for the purpose of
degree). opening his succession (see rules on
presumptive death). In this case,
Elements: succession is only of provisional
1. DECEDENT (subjective element) character because there is always
2. SUCCESSORS (subjective the chance that the absentee may
element) still be alive.
a. Heirs - those who are called to 4. Inheritance (objective element);
the whole or to an aliquot
portion of the inheritance either NOTE: Whatever may be the time when
by will or by operation of law actual transmission takes place,
1) Voluntary – those instituted succession takes place in any event at
by the testator in his will, to the moment of the decedent’s death.
succeed to the inheritance (Lorenzo vs. Posadas 64 Phil 353)
or the portion thereof of
which the testator can freely SUCCESSION INHERITANCE
dispose. Refers to the legal Refers to the
mode by which universality or
2) Compulsory or Forced – those inheritance is entirety of the
who succeed by force of law transmitted to the property, rights
to some portion of the persons entitled and obligations of a
inheritance, in an amount to it person who died
predetermined by law,
known as the legitime. Inheritance includes:
3) Legal or Intestate – those 1. PROPERTY, RIGHTS AND
who succeed to the estate of OBLIGATIONS NOT EXTINGUISHED BY
the decedent who dies DEATH
without a valid will, or to General rules on rights and
the portion of such estate obligations extinguished by his
not disposed of by will. death
b. Devisees or legatees - persons to a) Rights which are purely personal
whom gifts of real or personal are by their nature and purpose
intransmissible for they are
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
54
extinguished by death (e.g. determination of the portions which they

those relating to civil are to take, when referred to by
personality, family rights, name; and
discharge of office). determination of whether or not the
b) Rights which are patrimonial or testamentary disposition is to be
relating to property are operative.
generally part of inheritance as
they are not extinguished by NOTE: However, the following acts MAY
death. be entrusted to a third person: (Article
c) Rights of obligations are by 786 Civil Code)
nature transmissible and may a. distribution of specific property
constitute part of inheritance or sums of money that he may leave
both with respect to the rights in general to specified classes or
of the creditor and as regards to causes; and
the obligations of the debtor. b. designation of the persons,
institutions or establishments to
which such property or sums are to
2. ALL WHICH HAVE ACCRUED THERETO be given or applied.
SINCE THE OPENING OF SUCCESSION 3. FREE AND VOLUNTARY ACT – Any vice
(Article 781 Civil Code) affecting the testamentary freedom can
cause the disallowance of the will.
I. TESTAMENTARY SUCCESSION 4. FORMAL AND SOLEMN ACT – The
formalities are essential for the validity
A. CONCEPT of the will.
5. ACT MORTIS CAUSA
WILL - an act whereby a person is 6. AMBULATORY AND REVOCABLE
permitted, with the formalities DURING THE TESTATOR’S LIFETIME
prescribed by law, to control to a certain 7. INDIVIDUAL ACT – Two or more
degree the disposition of his estate to persons cannot make a single joint will,
take effect after his death (Art. 783) either for their reciprocal benefit or for
another person. However, separate or
NOTE: Thus, a document that does not individually executed wills, although
purport to dispose of one’s estate either containing reciprocal provisions (mutual
by the institution of heirs or designation wills), are not prohibited, subject to the
of devisees/legatees or, indirectly, by rule on disposicion captatoria.
effecting a disinheritance, is not to be DISPOSITION OF PROPERTY
governed by the law on testamentary
succession but by some other applicable B. INTERPRETATION OF WILLS (ARTS.
laws. 788-792)
The testator’s intent (animus testandi),
Kinds of Wills: as well as giving effect to such intent, is
1. Notarial or ordinary primordial. It is sometimes said that the
2. Holographic supreme law in succession is the intent
of the testator. All rules of construction
Characteristics of a Will: are designed to ascertain and give effect
1. UNILATERAL to that intention. It is only when the
2. STRICTLY PERSONAL ACT - The intention of the testator is contrary to
disposition of property is solely law, morals, or public policy that it
dependent upon the testator. cannot be given effect.
NOTE: The following acts MAY NOT be In case of doubt, that interpretation by
left to the discretion of a third person: which the disposition is to be operative
(Article 785, 787 Civil Code) shall be preferred. That construction is
duration or efficacy of the designation of to be adopted which will sustain and
heirs, devisees or legatees; uphold the will in all its parts, if it can
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
55
be done consistently with the - must be present at the time of the

established rules of law. execution of the will.
Kinds of Ambiguities: (Article 786)

1. LATENT OR INTRINSIC AMBIGUITIES – Requisites:
that which does not appear on the face 1. At least 18 years of age
of the will and is discovered only by 2. Of sound mind, i.e., the ability to
extrinsic evidence. know:
2. PATENT OR EXTRINSIC AMBIGUITIES – a. the nature of the estate to be
that which appears on the face of the disposed of;
will itself b. the proper objects of his bounty;
and
NOTES: c. the character of the
 There is no distinction between testamentary act.
patent and latent ambiguities, in so
far as the admissibility of parol or NOTE: The law presumes that the
extrinsic evidence to aid testator is of sound mind, UNLESS:
testamentary disposition is a. he, one month or less, before making
concerned. his will, was publicly known to be
 Extrinsic evidence to explain insane; or
ambiguities in a will cannot include b. was under guardianship at the time of
oral declarations of the testator as making his will. (Torres and Lopez de
to his intention. Bueno vs. Lopez 48 Phil 772)
In both cases, the burden of proving
 The validity of a will as to its form sanity is cast upon proponents of the
depends upon the observance of law will.
in force at the time it is made. (Art.
795). Effect of Certain Infirmities:
 If a law different from the law in 1. mere senility or infirmity of old
force at the time of the execution of age does not necessarily imply that a
the will goes into effect before or person lacks testamentary capacity;
after the death of the testator, such 2. physical infirmity or disease is
a law shall not affect the validity of not inconsistent with testamentary
the will, provided that such will was capacity;
duly executed In accordance with 3. persons suffering from idiocy
the formalities prescribed by law in (those congenitally deficient in
force at the time it was made. intellect), imbecility (those who are
mentally deficient as a result of
AFTER-ACQUIRED PROPERTY (Art. 793) disease), and senile dementia
Gen. Rule: Property acquired during the (peculiar decay of the mental
period between the execution of the will faculties whereby the person
and the death of the testator is NOT afflicted is reduced to second
included among the property disposed childhood) do not possess the
of. necessary mental capacity to make a
Exception: When a contrary intention will;
expressly appears in the will 4. an insane delusion which will
render one incapable of making a
NOTE: This rule applies only to legacies will may be defined as a belief in
and devises and not to institution of things which do not exist, and which
heirs. no rational mind would believe to
exist;
C. TESTAMENTARY CAPACITY 5. if the insane delusion touches to
– refers to the ability as well as the subject matter of the will,
power to make a will. testamentary disposition is void.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
56
6. a deaf-mute and blind person 1. an act of the 1. an act of the

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

before himself his having signed the will. testator signed the will and
If the third witness were the notary every page thereof, or caused
public himself, he would have to avow, some other person to write his
assent, or admit his having signed the name, under his express
will in front of himself. To allow such direction, in the presence of the
would have the effect of having only two instrumental witnesses;
attesting witnesses to the will which
 When the testator expressly
would be in contravention of Arts. 805
caused another to sign the former’s
and 806. (Cruz vs. Villasor 54 SCRA 31)
name, this fact must be recited in
the attestation clause. Otherwise,
MANNER OF SIGNING:
the will is fatally defective. (Garcia
 The use of any signature, marks vs. Lacuesta 90 Phil 489)
or design intended by the testator to
authenticate renders the will
sufficiently signed by the testator.
3. that the witnesses
witnessed and signed the will
 A signature by mark will be
and all the pages thereof in the
sufficient even if at the time of
presence of the testator and of
placing it, the testator knew how to
one another.
write and is able to do so.
 It is sufficiently signed by writing
his initials, or his first name, or he TEST OF PRESENCE: Not whether
may use even an assumed name. they actually saw each other sign,
but whether they might have seen
 A complete signature is not
each other sign had they chosen to
essential to the validity of a will,
do so considering their mental and
provided the part of the name
physical condition and position with
written was affixed to the
relation to each other at the
instrument with intent to execute it
moment of inscription of each
as a will.
signature. (Jaboneta vs. Gustilo)
ATTESTATION CLAUSE
- memorandum or record of facts  In the case of an ordinary or attested
wherein the witnesses certify that the will, its attestation clause need not
will has been executed before them, and be written in a language or dialect
that it has been executed in accordance known to the testator since it does
with the formalities prescribed by law. not form part of the testamentary
 Absence of this clause will render disposition.
the will a nullity.  The language used in the attestation
clause likewise need not even be
It must state the following ESSENTIAL known to the attesting witnesses.
FACTS: Art. 805 merely requires that, in
1. the number of pages such a case, the attestation clause
used upon which the will is shall be interpreted to said
written; witnesses. (Caneda vs. CA 222 SCRA
HOWEVER, even if number of pages is 781)
omitted in the AC BUT if there is an
acknowledgment clause which states the Effects of defects or imperfections in
number of pages or the will itself the Attestation Clause:
mentioned such number of pages, it may  If the defect of the attestation
still be considered valid applying the clause goes into the very essence of
Liberal Interpretation of the law. the clause itself or consists in the
(Tabuada vs. Rosal) omission of one, some, or all of the
essential facts, and such omission
cannot be cured by an examination
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
58
of the will itself, the defect is page used in the will should be
substantial in character, as a signed on the left margin.
consequence of which the will is 6. An attestation clause need be
invalidated. signed ONLY by the witnesses and
not by the testator as it is a
 However, In the absence of bad declaration made by the witnesses.
faith, forgery, fraud, or undue and 7. date of will:
improper pressure and influence, a. ordinary will: not an essential
defects and imperfections in the part;
form of attestation or in the b. holographic will: an essential
language used therein shall not part.
render the will invalid if it is proved
8. Failure or error to state the
that the will was in fact executed
place of execution will not
and attested in substantial
invalidate the will.
compliance with Art. 805 (formal
9. Signing of a will by the testator
requirements). This is known as the
and witnesses and acknowledgment
DOCTRINE OF LIBERAL
before a notary public, need not be
INTERPRETATION (Art. 809)
a single act.
10. Testamentary capacity must
Purposes of requiring witness to attest also exist at the time of
and to subscribe to a will: acknowledgment.
1. identification of the instrument ADDITIONAL REQUIREMENTS FOR
2. protection of the testator from SPECIAL CASES
fraud and deception 1. Deaf or deaf-mute testator:
3. the ascertainment of the a) personal reading of the will, if
testamentary capacity of the able to do so; OR
testator. b) if not possible, designation of 2
persons to read the will and
NOTE: Certain points to consider communicate to him, in some
(Tolentino) practicable manner, the
contents thereof. (Article 807)
1. Mere knowledge by testator that 2. Blind testator:
another is signing, and acquiescing in
 Double-
it, there being no express
reading requirement:
direction, is NOT sufficient.
2. Not required that the name of a. first, by one of the subscribing
the person who writes the testator’s witnesses, AND
name should also appear on the will; b. second, by the notary public
enough that testator’s name is before whom the will is
written. acknowledged. (Article 808)
3. If the required numbers of  Art. 808 applies not only to
attesting witness are competent, the blind testators but also to those
fact that an additional witness, who who, for one reason or another are
was incompetent also attested to incapable of reading their wills (e.g.
the will, cannot impair the validity. poor, defective or blurred vision).
4. Immaterial in what order the
acts are performed provided the  In a case where the testator
signature or acknowledgment by the did not read the final draft of the
testator and the attestation of the will, but the lawyer who drafted the
witnesses be accomplished in one document, read the same aloud in
occasion, and as part of one the presence of the testator, 3
transaction. witnesses, and notary public, the
5. The law refers to page and not Court held that the formal
to sheet or leaf or folio, so every imperfections should be brushed
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
59
aside when the spirit behind the law undue influence and pressure and
was served though the letter was the authenticity of the will is
not. (Alvarado vs. Gaviola 226 SCRA established and the only issue is
347) whether or not the date “FEB./61”
appearing on the will is a valid
WITNESS TO NOTARIAL WILLS compliance with Art. 810, probate of
(ARTS. 820 & 821) the holographic will should be
Requirements: allowed under the principle of
1. of sound mind; substantial compliance. (In the
2. able to read and write; matter of Intestate Estate of Andres
3. not blind, deaf or dumb; de Jesus and Bibiana Roxas de Jesus,
4. at least 18 years of age; 134 SCRA 245)
5. domiciled in the Philippines;
Rule in case of insertion, cancellation,
6. has not been convicted of erasure or alteration:
falsification of a document, perjury,
 Testator must authenticate the same
or false testimony
by his FULL SIGNATURE. (Article 814)
NOTE: A witness need not know the
NOTE: In the case of Kalaw vs. Relova
contents of the will, and need not be
(134 SCRA 241), the holographic will in
shown to have had a good standing in
dispute had only one substantial
the community where he lives. Also, the
provision, which was altered by
acknowledging notary public cannot be
substituting the original heir with
one of the 3 minimum numbers of
another, but which alteration did not
witnesses.
carry the requisite of full authentication
Interested witness
by the full signature of the testator, the
 A witness to a will who is effect must be that the entire will is
incapacitated from succeeding from voided or revoked for the simple reason
the testator by reason of a that nothing remains in the will after
devise/legacy or other testamentary that which could remain valid.
disposition therein in his favor, or in
favor of his spouse, parent, or child. Effects of words written by another
However, his competence as a and inserted in the words written by
witness subsists. the testator:
a. If the insertion was made after the
2. HOLOGRAPHIC WILL (Article 810) execution of the will, but without
a. entirely written by the consent of the testator, such
the hand of the testator; insertion is considered as not
b. entirely dated by the written, because the validity of the
hand of the testator; and will cannot be defeated by the
c. entirely signed by malice or caprice of third person.
the hand of the testator. b. If the insertion after the execution
of the will was with the consent of
the testator, the will remains valid
NOTE: The law exacts literal
but the insertion is void.
compliance with these requirements.
c. If the insertion after the execution is
HENCE, THE DOCTRINE OF LIBERAL
validated by the testator by his
INTERPRETATION CANNOT BE APPLIED.
signature thereon, then the insertion
becomes part of the will, and the
 Nevertheless, the Court held in a entire will becomes void, because
case that as a general rule, the of failure to comply with the
“date” in a holographic will should requirement that it must be wholly
include the day, month, and year of written by the testator.
its execution. However, when there d. If the insertion made by a third
is no appearance of fraud, bad faith, person is made contemporaneous to
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
60
the execution of the will, then the 2) The law of the Philippines.
will is void because it is not written c. Alien testator executing a will in the
entirely by the testator. Philippines: either
1) The law of the Philippines; or
Probate of Holographic Will 2) The law of the country of which
1. If UNCONTESTED, requires that at he is a citizen or subject.
least 1 witness who knows the d. Alien testator executing a will
handwriting and signature of the outside of the Philippines: either
testator explicitly declare that the 1) The law of the place where it is
will and signature are in the executed; or
handwriting of the testator; if no 2) The law of the place in which he
witness, expert testimony may be resides; or
resorted to.
3) The law of his country; or
2. If CONTESTED, requires at least 3 of 4) The law of the Philippines.
such credible witnesses, if none
expert witness. Aspects of the will governed by
National Law of the Decedent (Article
NOTE: Where the testator himself 1039 and Article 16 Civil Code)
petitions for the probate of his a. Order of succession
holographic will and no contest is file, b. Amount of successional rights
the fact that he affirms that the c. Intrinsic validity
holographic will and the signature are in d. Capacity to succeed
his own handwriting, shall be sufficient
evidence thereof. If the holographic will Joint will – a single testamentary
is contested, the burden of disproving instrument which contains the wills of
the genuineness and due execution two or more persons, jointly executed by
thereof shall be on the contestant. them, either for their reciprocal benefit
or for the benefit of a third person
 A photostatic or xerox copy of a lost --will of 2 or more persons is made in the
or destroyed holographic will may be same instrument and is jointly signed by
admitted because the authenticity of them
the handwriting of the deceased can
be determined by the probate court, Mutual wills – wills executed pursuant to
as comparison can be made with the an agreement between two or more
standard writings of the testator. persons to dispose of their property in a
(Rodelas vs. Aranza, 119 SCRA 16) particular manner, each in consideration
of the other
GOVERNING LAW ON FORMALITIES --separate wills of 2 persons, which are
1. As to time: reciprocal in their provisions.
 The validity of a will as to its form
depends upon the observance of the Reciprocal wills- wills in which the
law in force at the time it is made. testators name each other as
Its intrinsic validity, however, is beneficiaries under similar testamentary
judged at the time of the plans
decedent’s death by the law of his
nationality. NOTE: A will that is both joint and
mutual is one executed jointly by two or
2. As to place: more persons, the provisions of which
a. Filipino testator executing a will in are reciprocal and which shows on its
the Philippines: Philippine law face that the devises are made in
b. Filipino testator executing a will consideration of the other. Such is
outside of the Philippines: either prohibited.
1) The law of the country in which
it is executed; or Reasons:
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
61
1. will is purely personal and unilateral 3. It must be identified by clear and

act satisfactory proof as the document
2. contrary to the revocable character or paper referred to therein;
of a will 4. It must be signed by the testator and
3. may expose the testator to undue the witnesses on each and every
influence, and may even induce one page, except in case of voluminous
of the testators to kill the other. books of account or inventories.
NOTE: Joint wills executed by Filipinos F. REVOCATION OF WILLS AND

in a foreign country shall not be valid in TESTAMENTARY DISPOSITIONS
the Philippines, even though authorized
by the foreign country in which they may REVOCATION
have been executed (Article 819 Civil
 An act of the mind, terminating the
Code).
potential capacity of the will to
This prohibition is applicable
operate at the death of the testator,
only in joint wills executed by Filipinos
manifested by some outward or
in a foreign country; it does NOT APPLY
visible act or sign, symbolic thereof.
to joint wills executed by aliens.
Such right to revoke a will cannot be
waived or restricted.
E. CODICIL AND INCORPORATION BY
LAWS WHICH GOVERN REVOCATION
REFERENCE
(ART 829)
CODICIL
1. If the revocation takes place in the
Philippines, whether the testator is
 A supplement or addition to a will,
domiciled in the Philippines or in
made after the execution of a will
some other country, it is valid when
and annexed to be taken as a part
it is in accordance with the laws of
thereof, by which any disposition
the Philippines
made in the original will is
explained, added to, or altered. 2. If the revocation takes place outside
(Article 825) the Philippines, by a testator who is
NOTE: To be effective, it must be domiciled in the Philippines, it is
executed as in the case of a will. Its valid when it is in accordance with
execution has the effect of republishing the laws of the Philippines
the will as modified. 3. Revocation done outside the
Philippines, by a testator who does
INCORPORATION BY REFERENCE not have his domicile in this
(ART 827) country, is valid when it is done
 Contemplates only lists of according to the:
properties, books of accounts, and a. laws of the place where the
inventories. will was made, or
 Provisions which are in the nature of b. laws of the place in which the
testamentary dispositions must be testator had his domicile at the
contained in the will itself. time of revocation;
Requisites for a valid incorporation by MODES OF REVOCATION (ART 830)

reference: (ART 827) 1. By implication of law:
1. The document or paper referred to a. legal separation revokes
in the will must be in existence at testamentary provisions in favor
the time of the execution of the of the offending spouse;
will; b. preterition revokes the
2. The will must clearly describe and institution of heir;
identify the same, stating among c. judicial action for recovery of
other things the number of pages debt revokes a legacy of
thereof; credit/remission of debt;
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
62
d. transformation, alienation, or (THE LIST IS EXCLUSIVE.)

loss of bequeathed property
revokes a legacy of such NOTE: The act of revocation is a
property; personal act of the testator. He cannot
e. act of unworthiness by an heir, delegate to an agent the authority to do
devisee/legatee revokes the act for him. Another person,
testamentary provisions in his however, may be selected by him as an
favor; instrument and directed to do the
f. if both spouses of the revocatory acts in his presence. A
subsequent marriage acted in destruction not accomplished in the
bad faith, said marriage shall be testator’s presence is an ineffective
void ab initio and testamentary revocation of the will.
dispositions made by one in
favor of the other are revoked DOCTRINE OF PRESUMED REVOCATION
by operation of law (Art. 44,  Whenever it is established that the
Family Code); and testator had in his possession or had
g. void ab initio or annulled ready access to the will, but upon
marriages revoke testamentary his death it cannot be found or
dispositions made by one spouse located, the presumption arises that
in favor of the other (Art. 50, it must have been revoked by him by
Family Code). an overt act.
2. By some will, codicil, or other  Where it is shown that the will was
writing, executed as provided in in custody of the testator after its
case of wills, which may either be: execution, and subsequently, it was
a. Express – when there is a found among the testator’s effects
revocatory clause expressly after his death in such a state of
revoking the previous will or a mutilation, cancellation or
part thereof obliteration as represents a
b. Implied – when the provisions sufficient act of revocation, it will
thereof are partially or entirely be presumed in the absence of
inconsistent with those of the evidence to the contrary, that such
previous will act was performed by the testator
NOTE: While express revocation may be with the intention of revoking the
effected by a subsequent will, or a will.
codicil, or a nontestamentary writing
executed as provided in case of wills, DOCTRINE OF DEPENDENT RELATIVE
implied revocation may be effected only REVOCATION (ART 832)
by either a subsequent will, or a codicil.  A revocation subject to a condition
does not revoke a will unless and
3. By burning, tearing, cancelling, or until the condition occurs. Thus,
obliterating the will. where a testator “revokes” a will
Requisites: with the proven intention that he
a. testamentary capacity at the would execute another will, his
time of performing the act of failure to validly make a latter will
destruction; would permit the allowance of the
b. intent to revoke (animus earlier will.
revocandi);
c. actual physical act of
 Where the act of destruction is
destruction;
connected with the making of
d. completion of the subjective
another will so as fairly to raise the
phase; and
inference that the testator meant
e. performed by the testator
the revocation of the old to depend
himself or by some other person
upon the efficacy of the new
in his presence and express
disposition intended to be
direction
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substituted, the revocation will be 3. A will republished by a codicil is

conditional and dependent upon the governed by a statute enacted to the
efficacy of the new disposition; and execution of the will, but which was
if for any reason, the new will operative when the codicil was
intended to be made as a substitute executed.
is inoperative, the revocation fails
and the original will remains in full REPUBLICATION REVIVAL
force (Vda. De Molo vs. Molo 90 Phil
37). 1. Takes place by 1. Takes place by
an act of the operation of law.
Revocation by mistake testator
 A revocation of a will based on a
2. Corrects extrinsic 2. Restores a
false cause or an illegal cause is null
and intrinsic revoked will
and void. Thus, where a testator by defects.
a codicil or later will, expressly
grounding such revocation on the REVIVAL
assumption of fact which turns out
 The restoration to validity of a will
to be false, as where it is stated that
previously revoked by operation of
the legatees/devisees named therein
law (implied revocation).
are dead, when in fact, they are
living, the revocation does not take
PRINCIPLE OF INSTANTER
effect.
 The express revocation of the first
G. REPUBLICATION AND REVIVAL OF will renders it void because the
WILLS revocatory clause of the second will,
not being testamentary in character,
REPUBLICATION operates to revoke the previous will
instantly upon the execution of the
 The act of the testator whereby he will containing it.
reproduces in a subsequent will NOTE: In implied revocation, the first
(express) the dispositions contained will is not instantly revoked by the
in a previous will which is void as to second will because the inconsistent
its form, or he executes a codicil testamentary dispositions of the latter
(constructive) to his will. do not take effect immediately but only
 Its purpose is to cure the will of its after the death of the testator.
formal defects. H. ALLOWANCE AND DISALLOWANCE OF
WILLS
NOTES:
 To republish a will void as to its PROBATE
form, all the dispositions must be  A special proceeding mandatorily
reproduced or copied in the new or required for the purpose of
subsequent will; establishing the validity of a will.
 To republish a will valid as to its  The statute of limitations is not
form but already revoked the applicable to probate of wills.
execution of a codicil which makes
reference to the revoked will is Questions determinable by the probate
sufficient. court: (ICE)
1. identity of the will;
Effects of Republication by virtue of a 2. testamentary capacity of the
Codicil: testator at the time of the execution
1. Codicil revives the previous will of the will; and
2. The old will is republished as of the 3. due execution of the will.
date of the codicil— makes it speak,
as it were, from the new and later
date.
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 GENERAL RULE: In probate codicil may be concealed by an

proceeding, the court’s area of inquiry is interested party. They may be
limited to an examination of, and probated one after the other.
resolution on the extrinsic validity if the (Macam vs. Gatmaitan 60 Phil 358)
will, the due execution thereof, the
testatrix’s testamentary capacity and  When a will is declared void because
the compliance with the requisites or it has not been executed in
solemnities prescribed by law. The accordance with the formalities
probate court cannot inquire into the required by law, but one of the
intrinsic validity of testamentary intestate heirs, after the settlement
provisions. of the debts of the deceased, pays a
legacy in compliance with a clause in
 EXCEPTION: Practical considerations, the defective will, the payment is
e.g. when the will is intrinsically void on effective and irrevocable (Article
its face. 1430, NCC; Natural Obligations).
 In Nuguid vs Nuguid (17 SCRA 449), Grounds for Disallowance of a Will (ART
the Supreme Court held that, if the 839)
case were to be remanded for 1. Formalities required by law have not
probate of the will, nothing will be been complied with;
gained. On the contrary, this 2. Testator was insane, or otherwise
litigation would be protracted. And incapable of making a will, at the
for aught that appears in the record, time of its execution;
in the event of probate or if the 3. Will was executed through force or
court rejects the will, probability under duress, or the influence of
exists that the case will come up fear, or threats;
once again before us on the same 4. Will was procured by undue and
issue of the intrinsic validity or improper pressure and influence, on
nullity of the will. RESULT: waste of the part of the beneficiary or of
time, effort, expense, plus added some other person;
anxiety. 5. Signature of the testator was
procured by fraud;
 In Nepomuceno vs CA (139 SCRA 6. Testator acted by mistake or did not
207), the Court ruled that “the court intend that the instrument he signed
can inquire as to the intrinsic should be his will at the time of
validity of the will because there affixing his signature thereto.
was an express statement that the NOTE: GROUNDS ARE EXCLUSIVE.
beneficiary was a mistress.
NOTES:
 Criminal action will not lie against  Fair arguments, persuasion, appeal
to emotions, and entreaties which,
the forger of a will which had been
without fraud or deceit or actual
duly admitted to probate by a court
coercion, compulsion or restraint do
of competent jurisdiction. (Mercado
not constitute undue influence
vs. Santos 66 Phil. 215)
sufficient to invalidate a will.
(Barreto vs. Reyes 98 Phil 996)
 The fact that the will has been  Burden is on the person challenging
allowed without opposition and the the will to show that such influence
order allowing the same has become was exerted at the time of its
final and executory is not a bar to execution.
the presentation of a codicil,
 To make a case of UNDUE
provided it complies with all the
INFLUENCE, the free agency of the
formalities for executing a will. It is
testator must be shown to have been
not necessary that the will and
destroyed; but to establish a ground
codicil be probated together as the
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of contest based on FRAUD, free 2. Presumption of Individuality – When

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

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

voluntary heir) inheritance.
--what is transmitted to the
representatives of compulsory heir is his Effect of substitution:
right to the legitime and not to the free General rule: once the substitution
portion has taken place, the substitute shall
EFFECT OF INCAPACITY not only take over the share that
--A voluntary heir who is incapacitated would have passed to the instituted
to succeed from testator shall transmit heir, but he shall be subject to the
no right to his own heirs. same charges and conditions
--compulsory heir may be represented, imposed upon such instituted heir.
but only with respect to his legitime Exceptions:
(1) When the testator has expressly
EFFECT OF REPUDIATION to the contrary;
--whether voluntary or compulsory, the (2) When the charges or conditions
heir who repudiates his inheritance are personally applicable only to the
cannot transmit any right to his own heir instituted.
heirs.
3. Fideicommissary
J. SUBSTITUTION OF HEIRS Requisites:
(ARTS 857-870) a. First heir (fiduciary) called to
the succession.
SUBSTITUTION b. An obligation clearly imposed
 The act by which the testator upon such first heir to preserve the
designates the person or persons to property and to transmit it to the
take the place of the heir or heirs second heir.
first instituted (Tolentino). It may be
c. Second heir (fideicommissary)
considered as a subsidiary and
to whom the property is transmitted
conditional institution.
by the first heir.
Kinds:  Without the obligation clearly
1. Simple or Common (that which imposing upon the first heir the
takes place when the testator preservation of the property and its
designates one or more persons to transmission to the second heir,
substitute the heirs/s instituted in there is no fideicommissary
case such heir/s should die before substitution (Rabadilla vs. CA 334
him, or should not wish, or should be SCRA 522)
incapacitated to accept the
inheritance) NOTE: Pending transmission of property,
the fiduciary is entitled to all the rights
2. Brief or Compendious: brief (there of a usufructuary, although the
are two or more persons designated fideicommissary is entitled to all the
by the testator to substitute for only rights of a naked owner.
one heir), compendious (one heir is
designated to take the place of two Limitations:
or more heirs) a. Substitution must not go beyond
one degree from the heir originally
 Instances when instituted.
substitution takes place:
b. “Degree” means degree of
a. instituted heir relationship.
predeceases the testator; c. Fiduciary and fideicommissary
b. incapacity of the must be living at the time of the
instituted heir to succeed from death of the testator.
the testator; and d. Substitution must not burden the
legitime of compulsory heirs.
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e. Substitution must be made never marry again, she immediately

expressly. acquires a right to the inheritance
 A fideicommissary upon the death of testator, but if
substitution is void if the first heir is she violates the condition by
not related in the 1st degree to the contracting a 2nd marriage, she loses
second heir (Ramirez vs. Vda. De her right to said inheritance.
Ramirez 111 SCRA 704)
NOTE: However, the following relative
K. CONDITIONAL, MODAL conditions regarding marriage have been
TESTAMENTARY DISPOSITIONS, AND considered as valid and binding:
TESTAMENTARY DISPOSITIONS WITH A a. generic condition to contract
TERM (ART 871-885) marriage;
b. specific condition to contract
marriage with a determinate
 GENERAL RULE: The institution of an
person; and
heir may be made 1) conditionally, 2) for
c. specific condition not to
a term, or 3) for a certain purpose or
contract marriage with a
cause (modal). Conditions, terms, and
determinate person.
modes however, are not presumed; they
must be clearly expressed in the will.
The condition must fairly appear from 5. Any disposition made upon the
the language of the will. Otherwise, it is condition that the heir shall make
not binding. some provisions in his will in favor of
the testator or of any other person
 LIMITATIONS: shall be void (disposicion
captatoria).
1. The testator cannot impose any 6. Conditions imposed by the testator
charge, burden, encumbrance,
upon the heirs shall be governed by
condition, or substitution
the rules established for conditional
whatsoever upon the legitime of
obligations in all matters not
compulsory heirs.
provided for by the law on
2. Impossible conditions and those succession.
contrary to law or good customs are
presumed to have been imposed Kinds of Conditions
erroneously or through oversight,
1. Potestative Condition – depends
thus, are considered as not imposed.
exclusively upon the will of the heir,
3. An absolute condition not to devisee, or legatee, and must be
contract a first marriage is always performed by him personally.
void and will be considered as not
2. Causal Condition –depends upon the
written.
will of the heir, devisee, or legatee,
4. An absolute condition not to but upon the will of a third person.
contract a subsequent marriage is
3. Mixed – depends jointly upon the will
generally void, unless imposed upon
of the heir, devisee, or legatee and
a widow or widower by the deceased
upon chance and/or will of a third
spouse or by the latter’s ascendants
person.
or descendants. Even so, however,
the legitime of the surviving spouse
Fulfillment of Conditions:
cannot be impaired.
1. Potestative Conditions must be
fulfilled after the death of the
 An absolute condition testator (except when it has already
not to contract marriage when been fulfilled and is of such nature
validly imposed is resolutory in that it cannot be repeated);
character. Consequently, if the
testator institutes his wife as heir
2. Causal or mixed conditions may be
subject to the condition that she will fulfilled either before or after such
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death, unless the testator has heirs who are, therefore, called
provided otherwise. compulsory heirs.
MODAL INSTITUTION (INSTITUCION SUB

MODO)  The course of action to enforce a
 Attachment by the testator to an legitime accrues upon the death of
institution of heir, or to a devise or the donor-decedent since it is only
legacy, of a statement of the: then that the net estate may be
a. object of the institution; ascertained and on which basis, the
b. application of the property left legitime may be determined.
by testator; or (Imperial vs. CA 316 SCRA 313)
c. charge imposed by him.
NOTE: One half of the estate is always
NOTES: reserved for the primary or secondary
compulsory heirs. The other half is what
 When in doubt as to whether there is is termed under the NCC as the “free
a condition or merely a mode, portion” from which the legitime of the
consider the same as mode. concurring compulsory heirs are taken.
 When in doubt as to whether there is This “free portion” is different from the
a mode or merely a suggestion, “disposable free portion” over which the
consider same only as a suggestion. testator has testamentary control. The
 The ‘condition’ suspends but does “disposable free portion” is that which
not obligate; the ‘mode’ obligates remains after the legitime has been
but does not suspend (for he who covered.
inherits with a mode is already an
heir; one who inherits conditionally COMPULSORY HEIRS (CH)
is not yet an heir)  Those for whom the legitime is
reserved by law, and who succeed
DOCTRINE of CONSTRUCTIVE whether the testator likes it or not.
FULFILLMENT: When without the fault They cannot be deprived by the
of the fault of the heir, an institucion testator of their legitime except by
sub modo cannot take effect in the disinheritance properly effected.
exact manner stated by the testator, it
shall be complied with in a manner most Kinds of Compulsory Heirs:
analogous to and in conformity with his 1. Primary – those who have
wishes. precedence over and exclude other
CH. E.g. LCD.
NOTE: 2. Secondary – those who succeed only
 If the condition is casual, the in the absence of the primary CH.
doctrine is not applicable since the E.g. LPA or IP.
fulfillment of the event which 3. Concurring – those who succeed
constitutes the condition is together with the primary or
independent of the will of the heir, secondary CH. E.g. ICD and SS.
devisee/legatee. If the condition is
potestative or mixed, the doctrine is
applicable. If the testator is If the testator is
a LEGITIMATE an ILLEGITIMATE
L. LEGITIMES (ARTS 886 – 914) person person
LEGITIME
1. Legitimate 1. Legitimate
 That part of the testator’s property children and children and
which he cannot dispose of because descendants descendants
the law has reserved it for certain (LCD) (LCD)
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2. In default of 2. Illegitimate LC ½ Divide by the

the foregoing, children and # of LC,
legitimate descendants whether they
parents and (ICD) survive alone
ascendants or with
(LPA) concurring
CH.
3. Surviving 3. In default of
spouse (SS) the foregoing, 1 LC ½
illegitimate SS ¼
parents only
(IP) 2 or more ½
LC equal to 1
4. Illegitimate 4. Surviving SS LC
children and spouse (SS)
descendants LC ½
(ICD) IC ½ of 1 LC
NOTES: LC ½ All the

SS ¼ concurring CH
 See Sections 17 & 18 of R.A. 8552. IC ½ of 1 LC get from the
 By force of the Family Code, half free
adopted children are deemed portion, the
share of the
legitimate children of the adopters.
SS having
 By force of the Family Code, IC preference
without distinction and so long as over that of
their filiation is duly established or the IC, whose
proved in accordance with law, are share may
each entitled to 1/2 of the legitime suffer
of a LC, thus abrogating the 5:4 ratio reduction pro
rata because
between “natural” and “non-
there is no
natural” IC. preference
among
RULES: themselves.
1. Direct descending line
a. Rule of preference between lines LPA ½ Whether they
b. Rule of proximity survive alone
or with
c. Right of representation ad concurring
infinitum in case of predecease, CH.
incapacity, or disinheritance (LC:
LD only; IC: both LD and ID) LPA ½ IC succeed in
d. If all the LC repudiate their IC ¼ the ¼ in
legitime, the next generation of equal shares.
LD succeed in their own right
2. Direct ascending line LPA ½
a. Rule of division by lines SS ¼
b. Rule of equal division
LPA ½
3. Non-impairment of legitime SS 1/8
IC ¼
TABLE OF LEGITIMES
SURVIVOR LEGITIME NOTES IC ½ Divide equally
among the IC.
SS 1/3
IC 1/3
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hereditary estate if the donation is

SS ½ 1/3 if inofficious; and
marriage is in
articulo
7. Distribution of the residue of the
mortis and estate in accordance with the will of
deceased the testator
spouse dies
within 3 mos. COLLATION
after the 1. Fictitious mathematical process of
marriage. adding the value of the thing
donated to the net value of the
IP ½ hereditary estate (Art. 908 and Arts.
1061-1077).
IP -excluded- Children 2. Act of charging or imputing such
Any child It depends inherit in the value against the legitime of the
amounts compulsory heir to whom the thing
established in was donated (Arts. 1061-1077).
the foregoing 3. Actual act of restoring to the
rules. hereditary estate that part of the
donation which is inofficious in order
IP ¼ Only the not to impair the legitime of
SS ¼ parents are of compulsory heirs.
IC are
included.
RESERVA TRONCAL (ART 891)
Grandparents
and other  The reservation by virtue of which
ascendants an ascendant who inherits from his
are excluded. descendant any property which the
latter may have acquired by
gratuitous title from another
ascendant or a brother or sister, is
STEPS IN DETERMINING THE LEGITIME obliged to reserve such property for
OF COMPULSORY HEIRS: the benefit of relatives who are
1. Determination of the gross value of within the 3rd degree and who belong
the estate at the time of the death to the line from which such property
of the testator; came.
2. Determination of all debts and  It constitutes as an exception to
charges which are chargeable both the system of legitime and the
against the estate; order of intestate succession.
3. Determination of the net value of Purposes:
the estate by deducting all the debts 1. To reserve certain property in favor
and charges from the gross value of of certain persons;
the estate; 2. To prevent persons outside a family
4. Collation or addition of the value of from acquiring, by some chance or
accident, property which otherwise
all donations inter vivos to the net
would have remained with the said
value of the estate;
family;
5. Determination of the amount of the 3. To maintain a separation between
legitime from the total thus found; paternal and maternal lines.
6. Imputation of the value of all NOTE: Considering the rationale for
donations inter vivos made to reserva troncal which is to ultimately
compulsory heirs against their revert ownership of property that
legitime and of the value of all originally belongs to a line of relatives
donations inter vivos made to but which by force of law passes to a
strangers against the disposable free different line, the reserva would have no
portion and restoration to the reason to arise where the ascendants
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who acquire the property themselves NOTE: All personal elements must be
belong to the line of relatives from joined by bonds of legitimate
which the property was, in turn, relationship.
acquired by the descendant.
NOTE: In determining the right of the
Requisites: reservatarios over the reservable
1. The property should have been property, there are 2 events to consider:
acquired by operation of law by an 1. Death of propositus: all qualified
ascendant (reservista) from his reservatarios acquire an inchoate
descendant (propositus) upon the right. Reservista owns the property
death of the latter. subject to a resolutory condition.
2. The property should have been 2. Death of reservista: surviving
previously acquired by gratuitous reservatarios acquire a perfect right.
title by the descendant (propositus)
from another ascendant or from a NOTE: The NCC did not provide for the
brother or sister (originator). rules on how the reservatarios would
3. The descendant (propositus) should succeed to the reservista. However, the
have died without any legitimate following rules on intestacy have been
issue in the direct descending line consistently applied:
who could inherit from him. a. Rule of preference between lines
b. Rule of proximity
Personal elements: c. Right of representation
1. Originator – the ascendant, or (provided that the
brother or sister from whom the representative is a relative of
propositus had acquired the property the descendant- propositus
by gratuitous title (e.g. donation, within 3rd degree, and that he
remission, testate or intestate belongs to the line from which
succession); the reservable property came)
2. Propositus – the descendant who died d. “Full blood/double share” rule
and from whose death the reservista in Art. 1006
in turn had acquired the property by
operation of law (e.g. by way of  Property
legitime or intestate succession). The subject to reservation: must be the
so-called “arbiter of the fate of the same property which the reservista
reserva troncal.” had acquired by operation of law
3. Reservista – the ascendant, not from propositus upon the death of
belonging to the line from which the the latter and which the latter, in
property came (Justice Vitug) that is turn had acquired by gratuitous title
the only compulsory heir and is during his lifetime from another
obliged to reserve the property. ascendant, brother/sister.
NOTE: Dr. Tolentino is of the view that
even if the reservista and the originator Obligations of Reservista:
belong to the same line, there is still an (1) To make an inventory of all
obligation to reserve. reservable property;
4. Reservatarios – the relatives of the (2) To appraise value of all
propositus within the 3rd degree and reservable movable property;
who belong to the line from which (3) To annotate in Registry of
the property came and for whose property the reservable
benefit the reservation is character of all reservable
constituted. They must be related by immovable property;
blood not only to the propositus but (4) To secure by mortgage (a)
also to the originator. restitution of movables not
alienated, (b) payment of
damages caused by his fault or
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negligence, (c) return of price them in the concept of an absolute

received for movables alienated owner;
and (d) payment of value of 6. Registration by the reservista of the
immovable alienated. property as free property under the
Land Registration Act
 A reservatorio may dispose of his
expentancy to the reservable M. DISINHERITANCE (ART 915 – 923)
property during pendency of the  A testamentary disposition by which
reserve in its uncertain and a person is deprived of, or excluded
conditional form. If he dies before from, the inheritance to which he
the reservista, he has not has a right.
transmitted anything, but if he  A disinheritance properly effected
survives such reservista, the totally excludes the disinherited heir
transmission shall become effective. from the inheritance. The
disinherited heir is deprived not only
 A will may prevent the constitution of the legitime but also of such part
of a reserva. In case of testate of the free portion that would have
succession, only the legitime passes passed to him by a previous will
by operation of law. The propositus (which is revoked, as inconsistent
may, by will, opt to give the with, the subsequent disinheritance)
legitime of his ascendant without or by intestate succession.
giving to the latter properties he had
acquired by gratuitous title from
another ascendant, or brother or Requisites:
sister. In such case, a reserva 1. Effected only through a valid
troncal is avoided. will;
However, if the ascendant was 2. For a cause expressly stated by
not disentitled in the will to receive such law;
properties, the reserva minima rule 3. Cause must be stated in the will
(proportional reserva) should be itself;
followed. The rule holds that all 4. Cause must be certain and true;
property passing to the reservista must 5. Unconditional;
be considered as passing partly by 6. Total; and
operation of law and partly by will of the 7. The heir disinherited must be
propositus. Thus, one half of the designated in such a manner that
properties acquired by gratuitous title there can be no doubt as to his
should be reservable, and the other half identity.
should be free.
Effects of Disinheritance:
Causes for Extinguishment of Reserva 1. Deprivation of the compulsory heir
Troncal: who is disinherited of any
1. Death of reservatarios; participation in the inheritance
2. Death of all relatives of propositus including the legitime.
within the 3rd degree who belong to 2. The children/descendants of the
the line from which the property person disinherited shall take his or
came; her place and shall preserve the
3. Loss of the reservable property for rights of compulsory heirs with
causes not due to the fault or respect to the legitime.
negligence of the reservista. 3. The disinherited parent shall not
4. Waiver or renunciation by the have the usufruct or administration
reservatarios; of the property which constitutes
5. Prescription of the right of the the legitime.
reservatarios, when the reservista
holds the property adversely against IMPERFECT DISINHERITANCE
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 A disinheritance which does not have or more, if the accusation has been
one or more of the essential found groundless;
requisites for its validity. 3. When the heir by fraud, violence,
 Effects: intimidation, or undue influence
1. If testator had made disposition of causes the testator to make a will or
the entire estate: annulment of the to change one already made;
testamentary dispositions only in so 4. Refusal without justifiable cause to
far as they prejudice the legitime of support the testator who disinherits
the person disinherited; does not such heir.
affect the dispositions of the
testator with respect to the free Peculiar Causes for Disinheritance
portion. 1. Children/Descendants:
a. When the child/descendant has
2. If testator did not dispose of the free been convicted of adultery or
portion: compulsory heir is given all
concubinage with the spouse of
that he is entitled to receive as if
the testator;
the disinheritance has not been
b. Maltreatment of the testator by
made, without prejudice to lawful
word or deed by the
dispositions made by the testator in
child/descendant;
favor of others.
c. When the child/descendant leads
3. Devises, legacies and other a dishonorable or disgraceful
testamentary dispositions shall be life; Conviction of a crime which
valid to such extent as will not carries with it a penalty of civil
impair the legitime. interdiction.
IMPERFECT PRETERITION
DISINHERITANCE 2. Parents/Ascendants:
a. When the parents have
1. The person 1. The person abandoned their children or
disinherited may be omitted must be a
induced their daughters to live a
any compulsory heir compulsory heir in
the direct line corrupt or immoral life, or
attempted against their virtue;
2. Always express 2. Always implied b. When the parent/ascendant has
been convicted of adultery or
3.Always intentional 3. May be concubinage with the spouse of
intentional or the testator;
unintentional c. Loss of parental authority for
causes specified in the Code; and
4. Effect: Partial 4. Effect: Total d. Attempt by one of the parents
annulment of annulment of
against the life of the other,
institution of heirs institution of heirs
unless there has been
reconciliation between them.
Common Causes for Disinheritance of
3. Spouse:
children or descendants, parents or
a. When the spouse has given cause
ascendants, and spouse:
for legal separation; When the
1. When the heir has been found guilty
spouse has given grounds for the
of an attempt against the life of the
loss of parental authority.
testator, his/her descendants or
ascendants, and spouse in case of
Revocation of Disinheritance:
children and parents;
1. Reconciliation;
2. When the heir has accused the
2. Subsequent institution of the
testator of a crime for which the law
disinherited heir; and
prescribes imprisonment for 6 years
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3. Nullity of the will which contains the 2. If disinheritance has not been
disinheritance. made: Rule on reconciliation does
not apply. The heir continues to be
NOTE: Once disinheritance has been incapacitated to succeed unless
revoked or rendered ineffectual, it pardoned by the testator under Art.
cannot be renewed except for causes 1033. The law effects the
subsequent to the revocation or based disinheritance.
on new grounds.
N. LEGACIES AND DEVISES (ARTS. 924 –
RECONCILIATION 959)
 It is the resumption of genuine
cordial relationship between the Persons charged with legacies and
testator and the disinherited heir, devises:
approximating that which prevailed (1) compulsory heir;
before the testator learned of the (2) voluntary heir;
cause for disinheritance, reciprocally (3) legatee or devisee;
manifested by their actions (4) estate
subsequent to the act of
disinheritance. NOTES:
 A subsequent reconciliation between  If the will is silent with regard to the
the offender and the offended person who shall pay or deliver the
person deprives the latter of the legacy/devise, there is a
right to disinherit, and renders presumption that such legacy or
ineffectual any disinheritance that devise constitutes a charge against
may have been made. (Art. 922) the decedent’s estate.
 Since legacies and devises are to be
taken from the disposable free
portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.
NOTES:
 Mere civility which may characterize
their relationship, a conduct that is
naturally expected of every decent STATUS OF EFFECT ON THE
person, is not enough. PROPERTY GIVEN BY LEGACY/DEVISE
 In order to be effective, the testator LEGACY/DEVISE
must pardon the disinherited heir.
Such pardon must specifically refer 1. Belonging to the
to the heir and to the acts causing testator at the time of Effective
the execution of the
the disinheritance. The heir must
will until his death
accept the pardon.
 No particular form is required. It 2. Belonging to the
may be made expressly or tacitly. testator at the time of Revoked
the execution of the
NOTE: Where the cause for will but alienated in
disinheritance is likewise a ground for favor of a 3rd person
unworthiness to succeed, what is the
3. Belonging to the No revocation.
effect of a subsequent reconciliation testator at the time of There is a clear
upon the heir’s capacity to succeed? the execution of the intention to
1. If disinheritance has been made: will but alienated in comply with
Rule on reconciliation applies. The favor of the legacy or devise.
disinheritance becomes ineffective. legatee/devisee
gratuitously
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4. Belonging to the Legatee/devisee

testator at the time of can demand 11.Testator had Legatee/devisee
the execution of the reimbursement knowledge that the can demand
will but alienated in from the heir or thing bequeathed reimbursement
favor of the legatee or estate belonged to a third from the heir or
devisee onerously person and the estate
legatee/devisee
5. Not belonging to the acquired the property
testator at the time Effective by onerous title
the will is executed but
he has ordered that the
thing be acquired in ART. 911 ART. 950
order that it be given
to the legatee/devisee Order of Order of preference:
preference: (RPSESO)
6. Not belonging to the (LIPO)
testator at the time Void
the will is executed
and the testator 1. Legitime of 1. Remuneratory L/D
erroneously believed compulsory 2. Preferential
that the thing heirs L/D
pertained to him 2. Donations inter 3. L for support
vivos
7. Not belonging to the Effective 4. L for
3. Preferential education
testator at the time legacies or
the will is executed but devices 5. L/D of a
afterwards becomes his specific,
by whatever title 4. All other determinate thing
legacies or which forms a part
8. Already belonged to devices pro of the estate
the legatee/devisee at Ineffective rata All others pro rata
the time of the
execution of the will
even though another
person may have Application: Application:
interest therein
(1) When the (1) When there are no
9. Already belonged to reduction is compulsory heirs and
the legatee or devisee Ineffective necessary to the entire estate is
at the time of the preserve the distributed by the
execution of the will legitime of testator as legacies
even though it may compulsory heirs or devises; or
have been from impairment
subsequently alienated whether there are
by him
donations inter (2) When there are
10.Testator had Legatee/devisee vivos or not; or compulsory heirs but
knowledge that the can claim nothing (2) When, their legitime has
thing bequeathed by virtue of the although, the already been
belonged to a third legacy/devise legitime has been provided for by the
person and the preserved by the testator and there
legatee/devisee testator himself are no donations
acquired the property there are inter vivos.
gratuitously after the donations inter
execution of the will vivos.
NOTES:
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 In case of reduction in the above 1. If a person dies without a will, or

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

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

1. Testamentary Succession
1. Number of generations determines a) When a compulsory heir in the
proximity. direct descending line had
2. Each generation forms a degree. predeceased the testator and
3. A series of degrees forms a line. was survived by his children or
4. A line may be direct or collateral. A descendants.
direct line is that constituted by the b) When a compulsory heir in the
series of degrees among ascendants direct descending line is
and descendants (ascending and excluded from the inheritance
descending). due to incapacity or
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unworthiness and he has 5. Brothers and sisters, nephews and

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

to the rules on children repudiate, the
legitimes. The legitimes grandchildren inherit in their own
of LCD and SS shall
right because RR would not be
always be first satisfied
in preference to the ICD. proper.
2 or more LC First, satisfy legitimes. 5. Nephews and nieces inherit either by
SS There would be an RR or in their Own Right (OR).
IC excess in the estate. a. RR: when they concur with
Distribute such excess in aunts and uncles (provided that
the proportion 1:2:2, in RR is proper)
accordance with the
concurrence theory.
ORDER OF CONCURRENCE IN THE CASE b. OR: when they do not concur

OF ADOPTED CHILD with aunts and uncles.
SURVIVORS SHARE
1. LPA/IP ½
6. ICD of legitimates cannot represent
AP ½ because of the barrier, but both the
ICD and LCD of illegitimates can.
2. LPA/IP 7. There can be reserva troncal in
AP ½ intestate succession.
SS 8. A renouncer can represent, but
½
cannot be represented.
9. A person who cannot represent a
3. LPA ½ near relative cannot also represent a
AP
ICD relative farther in degree.
½
4. LPA 1/3
AP III. MIXED SUCCESSION OR
SS 1/3 PARTIAL INTESTACY
ICD 1/3
 Succession that is
effected partly by will and partly by
CARDINAL PRINCIPLES OF INTESTATE
operation of law.
SUCCESSION (Justice Paras)
1. Even if there is RULES:
an order of intestate succession, the 1. The law of legitimes must be
Compulsory Heirs (CH) are never brought into operation in partial
excluded. The Civil Code follows the intestacy, because the testamentary
concurrence theory, not the dispositions can affect only the
exclusion theory. disposable free portion but never the
2. Right of legitimes.
Representation (RR) in the collateral 2. If among the concurring
line occurs only in intestate intestate heirs there are compulsory
succession, never in testamentary heirs, whose legal or intestate
succession because a voluntary heir portions exceed their respective
cannot be represented (collateral legitimes, then the amount of the
relatives are not CH). testamentary disposition must be
3. The intestate deducted from the disposable free
shares are either equal to or greater portion, to be borne by all the
than the legitime. intestate heirs in the proportions
4. GENERAL that they are entitled to receive
RULE: Grandchildren always inherit from such disposable free portion as
by RR, provided representation is intestate heirs.
proper.
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3. If the intestate share of a both TESTAMENTARY and INTESTATE

compulsory heir is equal to his SUCCESSION
legitime, then the amount of the CAUSE OF TESTAMENTARY INTESTATE
testamentary disposition must be VACANCY SUCCESSION SUCCES-
Legitime Free SION
deducted only from the intestate Portion (IS)
shares of the others, in the Predecease 1. RR 1. A 1. RR
proportions stated above. 2. IS 2. IS 2. IS
4. If the testamentary dispositions Incapacity RR A RR
2. IS IS IS
consume the entire disposable free
Disinheri- 1. RR _ _
portion, then the intestate heirs who tance 2. IS
are compulsory heirs will get only Repudia- IS A A
their legitime, and those who are tion
not compulsory heirs will get
nothing. Summary:
(A) In
testamentary succession:
(1) Legitime:
IV. PROVISIONS COMMON TO (a) In case of predecease of an
TESTAMENTARY AND INTESTATE heir, there is
SUCCESSIONS representation if there are
children or descendants; if
A. RIGHT OF ACCRETION (A) none, the others inherit in
(ARTS 1015 – 1023) their own right.
 A right by virtue of (b) In case of incapacity,
which, when two or more persons results are the same as in
are called to the same inheritance, predecease.
devise or legacy, the part assigned (c) In case of disinheritance,
to one who renounce or cannot results are the same as in
receive his share, or who died before predecease.
testator, is added or incorporated to (d) In case of repudiation by an
that of his co-heirs, co-devisees, or heir, the others inherit in
co-legatees. their own right.
 A right based on the
(2) Disposable free portion:
presumed will of the deceased that
Accretion takes place when
he prefers to give certain properties
requisites are present; but if
to certain individuals, rather than to
such requisites are not present,
his legal heirs.
the others inherit in their own
right.
Requisites:
1. 2 or more persons must have (B) In intestate succession:
been called to the same inheritance, (1) In case of predecease, there is
legacy or devise, or to the same representation if there are children
portion thereof, pro indiviso; and or descendants; if none, the others
2. there must be a vacancy in the inherit in their own right.
inheritance, legacy or devise (2) In case of incapacity, results are the
(caused by predecease, incapacity, same as in predecease.
repudiation, nonfulfillment of (3) In case of repudiation, there is
suspensive condition or void or always accretion.
ineffective testamentary
dispositions.) B. CAPACITY TO SUCCEED BY WILL OR
BY INTESTACY (ARTS. 1024 – 1040)
EFFECTS of PREDECEASE, INCAPACITY,
DISINHERITANCE, or REPUDIATION in Requisites:
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1. The heir, legatee/devisee must be 3. Those made in favor of a public

living or in existence at the moment officer or his spouse, descendants and
the succession opens; and ascendants, by reason of his public
2. He must not be incapacitated or office
disqualified by law to succeed.
C. Based on Acts of Unworthiness
THE FOLLOWING ARE INCAPABLE OF (A4F3P)
SUCCEEDING: 1. Parents who have abandoned their
A. Based on Undue Influence or children or induced their daughters
Interest: (PIGRAP) to lead a corrupt or immoral life, or
1. Priest who heard the confession attempted against their virtue;
of the testator during his last illness, 2. Any person who has been convicted
or the minister of the gospel who of an attempt against the life of the
extended spiritual aid to him during testator, his/her spouse,
the same period; descendants or ascendants;
2. Individuals, associations and 3. Any person who has accused the
corporations not permitted by law to testator of a crime for which the law
inherit; prescribes imprisonment for 6 years
3. Guardian with respect to or more, if the accusation has been
testamentary dispositions given by a found groundless;
ward in his favor before the final 4. Any person convicted of adultery or
accounts of the guardianship have concubinage with the spouse of the
been approved, even if the testator testator;
should die after the approval 5. Any heir of full age who, having
thereof; nevertheless, any provision knowledge of the violent death of
made by the ward in favor of the the testator, should fail to report it
guardian when the latter is his to an officer of the law within a
ascendant, descendant, brother, month, unless the authorities have
sister, or spouse, shall be valid; already taken action; this prohibition
4. Relatives of such priest or shall not apply to cases wherein,
minister of the gospel within the 4th according to law, there is no
degree, the church, order, chapter, obligation to make an accusation;
community, organization or 6. Any person who by fraud, violence,
institution to which such priest or intimidation, or undue influence
minister may belong; should cause the testator to make a
5. Attesting witness to the will or to change one already made;
execution of a will, the spouse, 7. Any person who falsifies or forges a
parents or children, or any one supposed will of the decedent; and
claiming under such witness, spouse, 8. Any person who by the same means
parents or children; and prevents another from making a will,
6. Physician, surgeon, nurse, health or from revoking one already made,
officer or druggist who took care of or who supplants, conceals, or alters
the testator during his last illness. the latter's will.
B. Based on Morality or Public Policy NOTE: The moment the testator uses
(ART 739) one of the acts of unworthiness as a
1. Those made in favor of a person with cause for disinheritance, he thereby
whom the testator was guilty of submits it to the rules on disinheritance.
adultery or concubinage at the time Thus, reconciliation renders the
of the making of the will. disinheritance ineffective.
2. Those made in consideration of a
crime of which both the testator and PARDON OF ACTS OF UNWORTHINESS
the beneficiary have been found EXPRESS IMPLIED
guilty. 1. made by the 1. effected when
execution of a testator makes a
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
83
document or any will instituting the 2. When heir renounces it for the
writing in which the unworthy heir with benefit of one or more heirs.
decedent condones knowledge of the 3. When renunciation is in favor of all
the cause of cause of incapacity heirs indiscriminately for
incapacity
consideration
2. cannot be 2. revoked when
revoked the testator
4. Other acts of tacit acceptance
revokes the will or a. heir demands partition of the
the institution inheritance
b. heir alienates some objects of
C. ACCEPTANCE AND REPUDIATION OF the inheritance
INHERITANCE (ARTS. 1041 – 1057) c. Under Art 1057, failure to signify
acceptance or repudiation within
Characteristics: (VIR) 30 days after an order of
1. Voluntary and free distribution by the probate
court.
2. Irrevocable, except if there is
vitiation of consent or an unknown
will appears  REPUDIATION must be made in a
public instrument (acknowledged
3. Retroactive before a notary public) or authentic
document (equivalent of an
Requisites:
indubitable writing or a writing
1. certainty of the death of the whose authenticity is admitted or
decedent proved) or by petition presented to
2. certainty of the right to the the court having jurisdiction over the
inheritance testamentary or intestate
proceeding.
Acceptance vs. Repudiation:

(1) Acceptan
ce involves the confirmation of  Reason for formality: Law considers
transmission of successional rights, that the act of repudiation is more
while repudiation renders such solemn than the act of acceptance
transmission ineffective. and that repudiation produces a
(2) Repudiat more violent and disturbing
ion is equivalent to an act of consequences.
disposition and alienation.
(3) The
publicity required for repudiation is  Heir in two capacities: An heir who
necessary for the protection of other is such by will and by law, and he
heirs and also of creditors. repudiates the inheritance as a
testamentary heir, will be
Form of Acceptance considered to have repudiated the
1. Express Acceptance – one made in a inheritance as a legal heir. But when
public or private document. an heir repudiates as a legal heir, he
2. Tacit Acceptance – one resulting from may later on accept as a
acts by which the intention to testamentary heir.
accept is necessarily implied or
which one would have no right to do D. COLLATION (ARTS. 1061-1077)
except in the capacity of an heir  Every compulsory heir, who succeeds
with other compulsory heirs must
Tacit acceptance is presumed from bring into the mass of the estate any
certain acts of the heir as: property or right which he may
1. When heir sells, donates, or assigns received from the decedent, during
his right. the lifetime of the latter, by way of
donation, or any other gratuitous
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
84
title, in order that it may be What to collate:

computed in the determination of 1. Any property or right received by
the legitime of each heir, and in the gratuitous title during the testator’s
account of partition. (Art. 1061) lifetime
 An act of returning or restoring to 2. All that they may have received from
the common mass of the estate, the decedent during his lifetime
either actually or fictitiously, any 3. All that their parents would have
property which a person may have brought to collation if alive
received from the decedent during
the latter’s lifetime, but which is Properties not subject to collation (2nd
understood for legal purposes as an concept):
advance from inheritance. 1. Absolutely no collation (all
concepts):
OPERATIONS RELATED TO COLLATION a. Expenses for support, education
1. Collation – adding to the mass of the (elementary and secondary
hereditary estate the value of the only), medical attendance, even
donation or gratuitous disposition in extraordinary illness,
2. Imputing or Charging – crediting the apprenticeship, ordinary
donation as an advance on the equipment, or customary gifts
legitime (if the donee is a (Art. 1067).
compulsory heir) or on the free 2. Generally not imputable to legitime:
portion (if the donee is a stranger) a. Expenses incurred by parents in
3. Reduction – determining to what giving their children
extent the donation will remain and professional, vocational or other
to what extent it is excessive or career unless the parents so
inofficious. provide, or unless they impair
4. Restitution – return or payment of the legitime.
the excess to the mass of hereditary b. Wedding gifts by parents and
estate. ascendants consisting of
jewelry, clothing, and outfit
except when they exceed 1/10
Persons obliged to collate of the sum disposable by will.
1.  GENERAL RULE: compulsory heirs
 EXCEPTIONS: E. PARTITION AND DISTRIBUTION OF
a. When the testator should have ESTATE (ARTS. 1078 – 1105)
so expressly provided; and  It is the separation, division and
b. When the compulsory heir should assignment of a thing held in
have repudiated his inheritance common among those to whom it
2. Grandchildren who survive with their may belong. It includes every act
uncles, aunts, or 1st cousins, and which is intended to put an end to
inherit by right of representation. indivision among co-heirs, and
legatees or devisees, although it
NOTE: Grandchildren may inherit from should purport to be a sale,
grandparent in their own right (i.e. heirs exchange, compromise, or any other
next in degree) and not by right of transaction. It is not subject to any
representation if their parent repudiates form.
the inheritance of the grandparent, as
no living person can be represented Who may effect partition:
except in cases of disinheritance and 1. decedent himself during his lifetime
incapacity. In such case grandchildren by an act inter vivos or by will;
are not obliged to bring to collation 2. heirs themselves;
what their parent has received 3. competent court;
gratuitously from their grandparent)
4. 3rd person designated by the
decedent.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
85
are intended to take effect during the

Who can demand partition: life of the testator and the formalities of
1. compulsory heir; donations are properly complied with.
2. voluntary heir;
3. legatee or devisee;
4. any person who has acquired
interest in the estate.
When partition cannot be demanded:

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

 It is one that merely allocates EFFECTS OF INCLUSION OF INTRUDER
specific items or pieces of property IN PARTITION:
on the basis of the pro-indiviso 1. Between a true heir and several
shares fixed by law or given under mistaken heirs – partition is VOID.
the will to heirs or successors. 2. Between several true heirs and a
mistaken heir – transmission to
NOTE: Partition is not itself a mode of mistaken heir is VOID.
acquiring ownership, nor a title 3. Through error or mistake, share of
therefore. This partition, being true heir is allotted to mistaken
predicated on succession, necessitates heir – partition shall not be
relationship to the decedent (in case of rescinded unless there is bad faith or
intestacy) or a will duly probated (in fraud on the part of the other
case of testacy). A partition inter vivos persons interested, but the latter
made in favor of intestate heirs could be shall be proportionately obliged to
operative. Dispositions, however, to non- pay the true heir of his share
intestate heirs may suffer an NOTE: partition with respect to the
impediment unless based on a valid will, mistaken heir is VOID.
except perhaps when such dispositions
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
86
A VOID WILL MAY BE A VALID

PARTITION:
1. If the will was in fact a partition;
and
2. If the beneficiaries in the void will
were legal heirs.
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),

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San Beda College of Law

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extinguished by death (e.g. determination of the portions which they

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be done consistently with the - must be present at the time of the

Kinds of Ambiguities: (Article 786)

MEMORY AID IN CIVIL LAW

6. a deaf-mute and blind person 1. an act of the 1. an act of the

MEMORY AID IN CIVIL LAW

witness since he cannot acknowledge 2. the fact that the

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

1. will is purely personal and unilateral 3. It must be identified by clear and

NOTE: Joint wills executed by Filipinos F. REVOCATION OF WILLS AND

Requisites for a valid incorporation by MODES OF REVOCATION (ART 830)

MEMORY AID IN CIVIL LAW

d. transformation, alienation, or (THE LIST IS EXCLUSIVE.)

MEMORY AID IN CIVIL LAW

substituted, the revocation will be 3. A will republished by a codicil is

MEMORY AID IN CIVIL LAW

 GENERAL RULE: In probate codicil may be concealed by an

MEMORY AID IN CIVIL LAW

of contest based on FRAUD, free 2. Presumption of Individuality – When

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

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

MEMORY AID IN CIVIL LAW

(rule is absolute with respect to a c. repudiation of the

MEMORY AID IN CIVIL LAW

e. Substitution must be made never marry again, she immediately

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

MODAL INSTITUTION (INSTITUCION SUB

MEMORY AID IN CIVIL LAW

2. In default of 2. Illegitimate LC ½ Divide by the

NOTES: LC ½ All the

MEMORY AID IN CIVIL LAW

hereditary estate if the donation is

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

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

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

4. Belonging to the Legatee/devisee

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 In case of reduction in the above 1. If a person dies without a will, or

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 The relative nearest in 5. A collateral line is that constituted

B. RELATIONSHIP (ARTS. 963 – 969)

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

unworthiness and he has 5. Brothers and sisters, nephews and

MEMORY AID IN CIVIL LAW

must be made according EXCEPTION: Whenever all the

ORDER OF CONCURRENCE IN THE CASE b. OR: when they do not concur