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San Beda Reviewer Succession Civil Law PDF
San Beda Reviewer Succession Civil Law PDF
53
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)
San Beda College of Law
54
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
& 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)
San Beda College of Law
55
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
& 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)
San Beda College of Law
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
& 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)
San Beda College of Law
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
& 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)
San Beda College of Law
61
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
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)
San Beda College of Law
65
death, unless the testator has heirs who are, therefore, called
provided otherwise. compulsory heirs.
SS 1/3
IC 1/3
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)
San Beda College of Law
71
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
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)
San Beda College of Law
73
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
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
NOTES:
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.
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)
San Beda College of Law
81
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
& 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)
San Beda College of Law
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.
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.