Professional Documents
Culture Documents
TITLE IV – SUCCESSION
CHAPTER I
GENERAL PROVISIONS
a. Occupation
b. Intellectual creation
c. Law
d. Donation
e. Testate and intestate succession
f. Tradition (In consequence of certain
contracts)
g. Prescription 1
The first three are original and the last four are
derivative.
MODE TITLE
1
Article 712 NCC
2
What is succession?
a. Property;
b. Transmissible rights (those not extinguished by
death);
c. Transmissible obligations (those not extinguished by
death); and
d. All property which have accrued thereto since the
opening of the succession (death of the decedent). 5
a. Alluvial deposits
b. Interests on credits
6
Article 793 NCC
5
7
Article 603, par 1 NCC
6
are not liable beyond the value of the property received from
the decedent.”
8
Observations:
10
Article 391 NCC
11
Article 777 NCC
12
Vide Article 533 NCC
9
Illustrations:
Yes.
14
Article 1347. x x x “No contract may be entered into upon
future inheritance except in cases expressly authorized by
law.
15
Article 84. “If the future spouses agree upon a regime other
than the absolute community of property, they cannot donate
to each other in their marriage settlements more than one-
fifth of their present property. Any excess shall be considered
void.
12
CHAPTER 2
TESTAMENTARY SUCCESSION
Section I. WILLS
What is a will?
16
Article 783 NCC
17
Vide Article 783 NCC
18
Articles 769 – 798 NCC
14
19
Article 784 NCC
20
Article 777 NCC
21
Article 828 NCC
22
Article 839 NCC
23
Vide Articles 818 and 819.
15
24
Under R.A. No. 6809 (1989) legal age is now 18 years.
25
Article 785 NCC
26
Article 787 NCC
16
Examples:
27
Article 786 NCC
28
Article 789 NCC
17
Examples:
Illustrations:
29
Article 789 NCC
18
30
Article 791 NCC
19
2. Exceptions:
31
Article 792 NCC
32
Article 793 NCC
20
2. Exceptions:
33
Article 836 NCC
34
Vide Article 930 NCC
35
Article 935, par. 1 NCC
36
Article 794 NCC
37
Real properties are enumerated in Article 415 and personal
properties in Articles 416 and 417 NCC
21
a) For Filipinos –
38
Article 929 NCC
39
Vide Articles 930 and 931 NCC
40
Vide Article 937 NCC
41
Vide Article 930 NCC
42
Article 795 NCC
43
Articles 804- 814 NCC
22
b) For foreigners –
44
Article 815 NCC
45
Article 17 NCC (Lex loci celebrationis or locus regit actum)
46
Article 816 NCC
47
Article 17 NCC
48
Article 817 NCC
49
Article 17 NCC
50
Vide Article 2263 NCC
51
Article 2263. Rights to the inheritance of a person who
died, with or without a will, before the effectivity of this Code,
shall be governed by the Civil Code of 1889, by other
previous laws, and by the Rules of Court. The inheritance of
those who, with or without a will, die after the beginning of
the effectivity of this Code, shall be adjudicated and
23
Illustration:
Problems:
Negatively:
57
Article 797 NCC
58
Article 798 NCC
27
1. In writing; and
2. In a language or dialect known to the testator.
Notes:
Notes:
• Some discrepancies:
SCRA 245]) The law has a tender regard for the will of the
testator expressed in his last will and testament because the
testator’s disposition is better than that which the law can
make.
4. Signature; and
5. Date
Therefore;
46
Note:
Articles 815, 816 and 817 lay down the rules of formal
validity of wills:
Thus:
a. be of sound mind
b. be at least 18 years of age
c. be able to read and write
d. not be blind, deaf, or dumb
e. be domiciled in the Philippines
f. not have been convicted (by final judgment)
of falsification of a document, perjury, or
false testimony
1. the witness;
59
Section 20. Witnesses; their qualifications. – Except as
provided in the next succeeding section, all persons who can
perceive, and perceiving, can make known their perception to
others, may be witnesses.
51
SUBSECTION 5. CODICILS
AND INCORPORATION BY REFERENCE
1. Burning;
2. Tearing;
3. Canceling; or
4. Obliterating.
56
SUBSECTION 7. – REPUBLICATION
AND REVIVAL OF WILLS
What is republication?
Application:
What is probate?
Notes:
PERTINENT PROVISIONS
• RULE 75
• RULE 76
Concept of legitime:
60
Article 887 enumerates the compulsory heirs –
1. Legitimate children and descendants, with
respect to their legitimate parents and ascendants;
2. In default of the foregoing, legitimate
parents and ascendants, with respect to their
legitimate children and descendants;
3. The widow or widower;
4. Acknowledged natural children, and natural
children by legal fiction;
5. Other illegitimate children referred to in
Article 287; Compulsory heirs mentioned in Nos. 3, 4
and 5 are not excluded by those in Nos. 1 and 2;
neither do they exclude one another.
73
1. He is a testamentary heir as
distinguished from a legal or intestate
heir. He is also different from a devisee
or legatee.
2. He continues the juridical personality of
the testator but only in relation to the
inheritance without being personally
liable for the testator’s debts.
3. He is a natural person (Art. 40 to 42),
even if only a conceived child, but not a
child not yet conceived. However,
testamentary dispositions may be made
in favor of a juridical person, except
those not permitted by law to succeed.
4. He acquires rights which are limited to
the disposable portion of the inheritance
61
Article 41. For civil purposes, the foetus is considered born
if it is alive at the time it is completely delivered from the
mother’s womb. However, if the foetus had an intra-uterine
life of less than seven months, it is not deemed born if it dies
within twenty four hours after its complete delivery from the
maternal womb.
74
No, except:
Note:
Each gets 20, 000. While the law mentions only full
and the half-brother, it is evident that the others may be
considered in the same category as strangers, making Article
846 applicable.
Note:
Application:
X- ½ (180, 000)
Y- 1/3 (120, 000)
Z- ¼ (90, 000)
390, 000
Excess: 30, 000
A= 3/12
B= 2/12
C=4/12
A = 6/12
B = 4/12
C = 3/12
6 + 4 + 3 = 13
a. Testamentary succession,
b. Legacy or devise,
c. Donation inter vivos, or propter nuptials,
d. Intestacy.
Other effects:
4. Adopted children.
deprivation of a
compulsory heir of his
legitime by virtue of a just
cause provided for by law,
and since disinheritance is
always express, it is
always voluntary.
Preterition, on the other
hand, is the omission of
an heir in the will.
Consequently, preterition
may also be voluntary but
the law presumes that it is
voluntary
Application:
Yes, in Acain vs. IAC, G.R. No. 72706, Oct. 27, 1987,
it was held that if preterition is by mistake or inadvertence,
there is true preterition and total intestacy results. The
reason for this is the inability to determine how the testator
would have distributed his estate if none of the heirs had
been omitted or forgotten.
If the omission is intentional, the effect would be a
defective disinheritance covered by Article 918, in which case
the institution of heirs is not wholly void but only insofar as it
prejudices the legitime of the person disinherited. The nullity
is partial unlike in true preterition where the nullity is total.
Preterition is presumed to be only an involuntary
omission; that if the testator had known of the existence of
the compulsory heir at the time of the execution of the will,
he would have instituted such heir. On the other hand, if the
testator attempts to disinherit a compulsory heir, the
presumption of the law is that he wants such heir to receive
as little as possible from the estate.
Application:
ii. If A is incapacitated?
Notes:
99
3. Reciprocal (reciproca)
4. Fideicommissary (fideicommisaria).
a) By the nullity of
the will;
b) By the annulment
of the institution of heir;
c) By the death of
the substitute before the testator;
d) When the
substitute himself is incapacitated to
succeed the testator, and
e) When the
substitute repudiates or renounces the
inheritance.
A = 2/6
B = 1/6
2:1 = 3
A = 2/3
B = 1/3
A = 2/3 x ½ = 2/6
B = 1/3 x ½ =1/6
Exceptions:
Summary:
3. Substitution as to legitime – It is
not only fideicommissary
substitution that cannot be
established with respect to the
legitimes of compulsory heirs; all
kinds of substitutions are prohibited
in so far as legitimes are
concerned. If the testator provides
for a substitution in relation to a
legitme, the substitution is
considered as not imposed.
SECTION 4
118
GENERAL PROVISIONS
CONDITIONS
Exceptions:
a) If imposed by the
deceased spouse or by his
ascendants or
descendants – condition is
valid.
122
a. Positive:
2. Exceptions –
a. If the condition
was already complied with at the
time the heir learns of the
testator’s death; and
125
b. If the condition is
of such nature that it cannot be
fulfilled again
3. Constructive compliance
(Article 883 par 2) – condition is deemed
fulfilled.
b. Negative:
b. Qualifications – if already
fulfilled at the time of the execution of the will:
i. If can no
longer be fulfilled again – condition is
deemed fulfilled.
ii. If it can
be fulfilled again – the condition must be
fulfilled again
TERMS
2. Resolutory term
Rules:
What is a mode?
Requisites:
Principles:
129
CAUCION MUCIANA
SUBSTANTIAL COMPLIANCE
What are the rules in substantial compliance?
1. If third party is an
interested party – applicable
2. If third party is not an
interested party –not applicable.
130
SECTION 5. LEGITIME
What is legitime?
Thus, under the law now, there are only four (4)
groups of compulsory heirs:
62
Paragraphs 4 and 5 [bracketed] are deemed
deleted by Article 165, EO No. 209 {Family Code}, and to
read “illegitimate children”.
135
• LC alone –
½ of the estate.
• LC and SS –
• 1LC and SS –
• LC and IC –
• 1LC, IC and SS –
• LP alone –
½ of the estate.
• LP and IC –
LP: ½ of the estate;
IC: ¼ of the estate.
• LP and SS –
• LP, IC and SS –
• SS alone –
• SS and IC –
• SS and IP –
• IC alone –
½ of the estate.
• IP alone –
½ of the estate.
65
Applies if free portion is sufficient, otherwise, free
portion will be divided equally. (Unless otherwise specified by
the testator, sharing in the available free portion is equal
[Article 846].
139
Illeg. Parents ¼
sisters, nephews
and nieces
66
Reason:: They are not compulsory heirs. Hence,
they are not entitled to legitime. They can become heirs only
in intestat4e succession (Article 1001 and 994) or if
designated as devisees or legatees, i.e. as voluntary heirs.
140
67
Article 1347. All things which are not outside the
commerce of men, including future things, may be the object
of a contract. All rights which are not intransmissible may also
be the object of contracts.
No contract may be entered into upon
future inheritance except in cases expressly authorized by
law.
143
3 steps:
NOTES:
Summary of donations:
Exceptions –
c. Donation to spouse –
68
NOTE: The donations made to legitimate parents
or ascendants or to the parents of illegitimate children should
only be charged to their legitime when they are compulsory
heirs, since they are not primary compulsory heirs but only
secondary and, therefore, may not always be compulsory
heirs if there are present the primary compulsory heirs.
149
Reservatorio
O (Origin) R (Reservista)
P (Prepositus)
154
RESERVISTA
ASCENDANT
ASCENDANT (RECEIVES BY LAW)
Notes:
156
69
Section 17. Legitimacy. – The adoptee shall be considered
the legitimate son/daughter of the adopter(s) for all intents
and purposes and as such is entitled to all the rights and
157
They are (1) death of the reservista; and (2) the fact
that the reservatorio has survived the reservista.
Illustration:
Extinguishment
SECTION 6. DISINHERITANCE
Define disinheritance
a. His legitime;
b. His intestate portion; and
c. Any other testamentary disposition made in a prior
will of the disinheriting testator.
Summary:
NOTES:
• Enumeration is exclusive.
• Nos. 2, 5 & 7 are the same as the grounds in Art.
919.
• Exception to par. 6: Adoption, age of majority.
• The loss of parental authority should have been
effected either:
What is legacy?
What is devise?
1. Primarily – substitution;
2. Secondarily – accretion;
3. Tertiarily – intestacy.
Define representation.
Notes:
What is representation?
a. Legitime; and
b. Intestacy.
190
1. In testamentary succession:
2. In intestate succession:
1. Legitimate children/
descendants;
2. Illegitimate
children/descendants;
3. Legitimate parents/ascendants;
4. Illegitimate parents;
5. Surviving spouse;
6. Brothers, sisters, nephews,
nieces;
7. Other collaterals – to the 5th
degree;
8. State.
a. Exclude parents,
collaterals and state.
b. They concur with
surviving spouse and
illegitimate children.
c. They are excluded by no
one.
a. Exclude illegitimate
parents, collaterals and
state
b. Concur with surviving
spouse, legitimate
children and legitimate
parents
c. They are excluded by no
one
a. Exclude collaterals in
remoter degree and the
state
b. Concur with collaterals in
the same degree
c. Are excluded by legitimate
children, illegitimate
children, legitimate
parents, illegitimate
parents, surviving spouse,
brothers and sisters, and
nephews and nieces.
(8) State.
a. Excludes no one
b. Concurs with no one
c. Is excluded by everyone
by representation, in proper
cases).
1. Personality property – to
municipality of last
residence
2. Real property – where
situated
71
Formula: The legitimate and illegitimate children will divide
the estate in the proportion of 2:1. The surviving spouse will
be considered as one legitimate child. If due to the number of
illegitimate children, the legitimes of the legitimate children
and the spouse are impaired, the illegitimate children will
receive only what is the equivalent of the free portion in
testamentary succession.
203
2. Illeg. children 2. ½
1.Spouse 1. ¼ Article
1000
2. Leg. parents 2. ½
3. Illeg. Children 3. ¼
1. Spouse 1. ½ Articles
1001 & 994
2. Brothers & 2. ¼
sisters, nephews &
nieces
Parents/ascendants – ½ of the
estate
Adopter – ½ of the estate
Define accretion
1) Predecease
2) Incapacity
3) Repudiated
I. In testamentary succession:
a. As to legitime:
i. In case of prerdecease of
an heir, there is
representation if there are
children or descendants; if
none, the other heirs
inherit in their own right.
ii. In case of incapacity of an
heir, the results are the
same as in predecease.
iii. In case of disinheritance
of an heir, the results are
the same as in incapacity
or predecease.
iv. In case of repudiation by
an heir, the other heirs
inherit in their own right;
no accretion.
1. A written condonation, or
2. The execution by the offended party of a will with
knowledge of the cause of unworthiness.
Consequences:
72
Article 533: “The possession of hereditary property is
deemed transmitted to the heir without interruption, and from
the moment of death of the decedent, in case the inheritance
is accepted. One who validly renounces an inheritance is
deemed never to have possessed the same.”
215
SECTION 5. COLLATION
73
Article 546, par. 1. Necessary expenses shall be refunded
to every possessor; but only the possessor in good faith may
retain the thing until he has been reimbursed therefore.
74
Article 546, par 2. Useful expenses shall be refunded only
to the possessor in good faith with the same right of
retention, the person who has defeated him in the possession
having the option of refunding the amount of the expenses or
of paying the increase in value which the thing may have
acquired by reason thereof.
75
Article 548. Expenses for pure luxury or mere pleasure shall
not be refunded to the possessor in good faith; but he may
remove the ornaments with which he has embellished the
principal thing if it suffers no injury thereby, and if his
successor in the possession does not prefer to refund the
amount expended.
227
I. PARTITION
1. Define partition.
1) Extra-judicial – when it is
effected by the testator himself,
or by some person named by
such testator, or by the
participants or co-owners
themselves amicably or by
common accord.
d. By will, or
e. By act inter vivos
14. Where there are two or more heirs, the whole estate
of the decedent is, before its partition, owned in
common by such heirs, subject to the payment of
the debts of the deceased. (Article 1078)
76
Article 494, par. 1. No co-owner shall be obliged to remain
in the co-ownership. Each co-owner may demand at any time
the partition of the thing owned in common, in so far as his
share is concerned.
232
Kinds of partition:
Note:
Note: This article only provides for the right over the
document. The co-heirs, however, have the right to
have the title divided into individual titles, separate
235
1. EFFECTS OF PARTITION
26. What is the right of the heirs who pay for the
insolvent heir?
77
Article 501. Every co-owner shall, after partition, be liable
for defects of title and quality of the portion assigned to each
of the co-owners.
236
Exceptions:
36. What are the options of the heir who is sued for
rescission?