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REPRESENTATION

ARTICLE 923. The children and descendants of the person disinherited shall take his or her place and shall
preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not
have the usufruct or administration of the property which constitutes the legitime. (857)

 It modifies the Rule of Proximity (the relative nearest in degree excludes more distant ones).
 The more distant relatives belonging to the same class as the person represented are raised to the
place and degree of such person and acquire the rights which the latter would have acquired if he
were living or if he could have inherited.
 It is the means by which the descendants of a child, in default of the latter because of prior death,
disinheritance, or incapacity, can take his degree or place. It is superior to right of accretion.
 The representative does not succeed the person represented but the one whom the person
represented would have succeeded.

Note: The representation obtains degree by degree, the inferior one representing his relative immediately
higher in degree. No jump is made.

There is transmission only with respect to inheritance conferred by law.

In testamentary succession, it takes place only with respect to the legitime.

GR: The right of representation takes place in the direct descending line, but never in the ascending.

XPT: Illegitimate child can represent only when the parent represented is an illegitimate child of the
decedent.

LEGACIES AND DEVISEES

ARTICLE 924. All things and rights which are within the commerce of man may be bequeathed or devised.
(865a)

ARTICLE 947. The legatee or devisee acquires a right to the pure and simple legacies or devises from the
death of the testator, and transmits it to his heirs. (881a)

Persons charged with Legacies and Devises:

1. CH
2. Voluntary heir
3. Legatee or devisee
4. Estate

If the will is silent as to who shall pay or deliver the L/D:

1. If there is an administration proceeding, constitutes a charge upon the estate.


2. If there are no administration proceedings, it is charge upon the heirs.

Note: A legacy is “bequeathed”; while a devise “devised”

Extent of liability of L/D

Should the testator not charge any legatee or devisee in particular, all shall be liable in the same
proportion in which they may inherit

Principle of Untouchability of the Legitime of CH


The CH shall not be liable for the charge beyond the disposable portion given to him. It should not affect
his legitime

CH charged with a sub-legacy are liable in proportion not to how much each actually inherits, but only in
proportion to their institution to the free disposal.

Illustration: T has an estate of 1M. A and B are T’s legitimate children, were instituted in this way: A to
3/5 and B 2/5. However, they were required to give F a legacy of 50k. How much should each contribute?

A: A was given 600k (250k as legitime and 350k as free portion); B was given 400k (250k as legitime and
150k as free portion). Since their institution to the free portion is in proportion of 350k to 150k it follows
that of 50k sub-legacy, A must give 35k and B must give 15k.

Example of Sub-legacy or Sub-devises

The testator said, “I give my car to L, but I want L to give 500k to X.

Note: The legacy of the car to L is an ordinary legacy; but the legacy of 500k to X is a sub-legacy having
been imposed upon L.

Liability for Eviction

1. If Devise or Legacy is indeterminate or generic: The heir who is charged with the payment or
delivery of the devise or legacy shall be liable in case of eviction.
2. If Devise or Legacy is determinate or specific: The heir who is charged cannot be held liable in
case of eviction.

Note: If the legacy or devise is a burden not on the heir but on the estate itself, there is not warranty
against eviction, whether the legacy be specific or generic, if there were court proceedings which ordered
the giving of such legacy or device. In this case, there was court approval.