BLD2020 Successionsample Pages

FROM Nth BAR CHALLENGER TO ATTORNEY
SUCCESSION
BAR LAW FOR DUMMIES
WITH 1975-2018 BAR QUESTIONS AND ANSWERS

Ang BAR LAWS FOR DUMMIES 2020 (BLD2020) SUCCESSION na may

176 na pahina ay dinesenyo upang umangkop sa kakayanan ng mga ordinaryong
tao (layman) at mga pasimulang mag-aaral ng batas. Higit sa lahat, ang BLD2020 Page | 1
ay may adhikaing tulungan ang mga “nth” time bar examinees na
mapagtagumpayan na ang hamon ng napakahirap bar examination sa
pamamagitan ng pag-gamit ng mga estratehiyang pang-elementarya at highschool
na pagtuturo hanggang sila ay magkaroon ng sariling technique na kanilang
magagamit sa kanilang patuloy pag-aaral.
Ang mga manunulat ay pauna na nang humihingi ng pang-unawa

sapagkat may mga pagkakataon na hindi maiiwasan na gumamit ng mga salitang
bulgar upang higit na maitanim sa isipan ng mga mambabasa ang nais ipaunawa
nito. Bukod dito, ang mga katagang ginamit ay mga salitang pang-araw-araw
nating gamitin, kaya’t hindi maiiwasan ang mga maling gramatiko at pag-gamit ng
lengwahe sa kaka-ibang paraan.
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BAR LAW FOR DUMMIES 2020

SUCCESSION
FIRST EDITION
OCTOBER 5, 2019, updated with BQA 2018 on Nov 18, 2019
MANILA, PHILIPPINES
ALL RIGHTS RESERVED BY THE AUTHORS
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@yahoo.com.ph. Other law subjects will soon be available for
2020 Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595

SUCCESSION
BAR LAW FOR DUMMIES

1975-2018 BAR EXAMINATION
FREQUENTLY ASKED TOPICS FROM
SUCCESSION
Page | 2
INTRODUCTION… 4
HOW TO ANSWER BAR QUESTIONS 2018 …4
HOW TO STUDY AND UNDERSTAND SUCCESSION…6
LEGITIME…11, 97, 109, 110
LEGTIME CHART 11
INTESTATE SHARES CHART…17
PRETERITION…19, 77, 121, 170
SUCCESSION AND DONATION… 23, 112
LECTURE PROPER
TESTAMENTARY SUCCESSION
WILLS…31
TESTAMENTARY CAPACITY AND INTENT…35
FORMS OF WILL…37
HOLOGRAPHIC WILLS….43
CONFLICTS OF LAWS AND SUCCESSION…45
JOINT WILLS…46
WITNESSES TO WILLS…62
CODICILS…64
REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS…65
PROBATE OF WILLS…69
INSTITUTION OF WILLS…73
PER CAPITA VS PER STIRPES…76
SUBSTITUTION OF HEIRS…84
USUFRUCTUARY AND SUCCESSION…86
LEGTIME…97
RESERVA TRONCAL…101

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DONATIONS…112
DISINHERITANCE…113
LEGACY AND DEVISE…115
LEGAL OR INTESTATE SUCCESSION

Page | 3
ORDER OF INTESTATE SUCCESSION 122, 130, 132
ILLEGETIMATE CHILDREN….134
IRON CURTAIN RULE…137
SURVIVING SPOUSE…137
COLLATERAL RELATIVES…143
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESION
RIGHT OF ACCRETION…123, 146
RIGHT OF REPRESENTATION…123
CAPACITY TO SUCCEED BY WILL OR BY INTESTACY…150
ACCEPTANCE AND REPUDIATION OF THE INHERITANCE…153
COLLATION….154
PARTITION…163

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BAR LAW FOR DUMMIES

The BAR LAW FOR DUMMIES 2020 (BLD2020) is designed for self-study/self-review and
primarily aimed to help the nth time examinees to pass the bar exams and for average law students
to fully understand difficult concepts of law as illustrated in our day-to-day activities. The technique
is spoon-feeding and we did much of all the thinking for you to save time. We included all the topics
asked in past 20 years of bar examinations, the bar answers to that bar questions, the relevant
jurisprudence as well as the important codal provisions. And because we believe that no one has the
monopoly of knowledge we plan to make BLD as a “COMMUNITY REVIEWER” where readers are Page | 4
encourage to email BLD2020 for any correction, addition and suggestion to come up with an ultimate
law reviewer. Those who will participate shall be acknowledged as part of the community.
Initially, BLD2020 shall be available in hard copies to cope up with the initial expenses
entailed. In the future, when all the reviewers are complete and as the circumstances may warrant,
a board of trustees shall be formed to guard the integrity of the “community reviewer” and it shall be
available via online subscription for a minimal fee just to keep the system afloat. On that note, we
ask for a lot of prayers for the people who would become part of the community to have good health
and a focused mind to finish the work in time for 2020 bar examination.
You will find that we used Tagalog language and Filipino culture most of the time in
explaining the law. Firstly, it is because we are more equipped in our own native tongue when
expressing our feelings and thoughts, and according to psychology of learning, students learn better
in their native language. Secondly, different concepts of laws are best illustrated with our day-to-day
experiences. And thirdly, we want the readers to laugh and stay awake by using colorful words and
hilarious situations.
By the way, when you avail of BLD2020 you will be added to a Facebook group exclusive for
BLD users. Take note that only veriafiable accounts with email address shall be accepted and
retained as member. We will do all the sharing and updates in that group.
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HOW TO ANSWER BAR QUESTIONS

2018 BAR EXAMINATIONS ON SUCCESSION
How to answer bar questions?
Please refer to BLD PERSONS AND FAMILY RELATIONS MATERIALS. Nandoon yung
training. It has free link at LAW BOOKS, BOOKSTAND AND REVIEWERS FOR SALE FACEBOOK
PAGE.
2018 BAR EXAMINATION
IV. Severino died intestate, survived by:
His wife Saturnina
And legitimate children Soler, Sulpicio, Segundo, and the twins Sandro and Sandra who
were only 11 years old at the the time of Severino’s death.
He left only one property: a 5,000 sq. meter parcel of land. After his death, the older siblings Soler,
Sulpicio and Segundo sold the land to Dr. Santos for P500,000 with a right to repurchase at the

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BAR LAW FOR DUMMIES

same price within 5 years from the date of sale. The deed of sale was signed only by three older
siblings, and covered the entire property.
Before the five (5) years expired, Soler and sulpicio tendered their respective shares of
P166,666.67 each to redeem the property. Since Segundo did not have the means being
unemployed, Saturnina paid the remaining P166,666.67 to redeem the property.
Page | 5
After the property was redeemed from Dr. Santos, the three (3) older children and
Saturnina, for herself and on behalf of the twins who were still minors, sold the property to Dr.
SAzon for P1M.
In representing the twins, Saturnina relied on the fact that she was the natural guardian of
her minor children.
(a) Was the first sale to Dr. Santos, and the subsequent repurchase, valid?
The first sale was valid as to the indiviso share of Soler, Sulpicio and Segundo but as to the
share of Saturnina, and minors Sandro and Sandra, the sale is void. The alienation did not cover the
share of Saturnina and minor Sandro and Sandra.
When Severino died, his heirs become co-owners of the 5,000 square meter parcel of land,
and under Article 493 of the Civil Code, co-owners have the right to alienate their indiviso share.
However, the definite size of the indiviso share is subject to the final allotment of each share in
partition. Hence, the sale made by Soler, Sulpicio and Segundo was valid only as to their indiviso
share, and the consequent redemption was also valid. (edited Oct 30, 2019)
Yes, the sale is valid but only with respect to the shares pertaining to Soler, Sulpicio, and Segundo. Upon
Severino’s death, his heirs became the co-owners of the only property he left since the rights to the succession are
transmitted from the moment of the death of the decedent (Art 777 (Civil Code). In a co-ownership, each co-owner
may alienate his part but the effect of the alienation with respect to the co-owners shall be limited to the portion
which may be allotted to the co-owner who alienated his share (Article 493, Civil Code), The repurchase by Soler
and Sulpicio was valid up to their respective shares. The repurchase of Segundo’s share did not make Satornina
the owner of the share redeemed although she is entitled to reimbursement. – UPLC. Uploaded Nov. 18, 2019
(b) Was the second sale to Dr. Sazon valid? May the twins redeem their share after they reach the
age of minority?
The second sale was also valid as to indiviso share of Satunina, Soler, Sulpicio and Segundo,
but unenforceable as to the indiviso share of the Sandro and Sandra who were minors. Saturnina, as
the surviving parent, has the right of administration and supervision over the property of her minor
children. But it does include the power to alienate or mortgage such property. And under Article 1317
and 1403 paragraph 1 of the Civil Code, the sale made by one without authoirty or wanting authority
is enforceable. Hence, there is no need to redeem the sale when the twins reach the majority age for
the sale was not binding to them. (edited)
Please take note that the sale was not void as to the first question.

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The second sale was valid only as to the aliquot shares of Saturnina and of the three older siblings. Under Article
225 of the Family Code, the father and the mother shall jointly exercise legal guardianship over the property of
the unemancipated common child without the necessity of a court appointment. This guardianship, however, only
extends to powers of administration over the property of the child, and does not include the power to alienate,
which is an act of strict dominion. Saturnina had no authority to sell the twins’ property, and the sale to that
extent is unenforceable. Since it is already unenforceable, the twins do not need to redeem the property upon
reaching the age of majority. – UPLC, Nov 18, 2019. Same answer with mine. Page | 6
V. Sol Soldivino, widow, passed away, leaving two (2) legitimate children:
A 25-year old son, Santino (whom she had not spoken to for five (5) years prior to her death
since he attempted to kill her at that time), and a 20-year old daughter, Sara.
She left an estate worth PPh8,000,000 and a will containing only one provision:
That P1M should be given to “the priest who officiated at my wedding to my children’s late
father.”
Sara, together with two (2) of her friends, acted as attesting witnesses to the will.
On the assumption that the will is admitted for probate and that there are no debts, divide
the estate and indicate the heirs/legatees entitled to inherit, the amount that each of them will
inherit, and where (i.e., legitime/free portion/intestate share) their shares should be charged. 5%
Since Sol died with a valid will and survived by Santino and Sara as compulsory heirs, and
there being no conviction on the alleged crime committed by Santino against Sol, the hereditary
estate shall be distributed as follow: As for the legitime, it is ½ of P8M. Santino and Sarah get ½ or
P4M where each will receive P2M as legitime. The free portion is P4M where the P1M legacy shall be
taken. The Priest gets P1M. The net free portion is P3M which shall be equally divided between
Santino and Sandra. Hence,
Sandra gets P2,000,000 plus P1,500,000 = P3,500,000
Santino gets P2,000,000 plus P1,500,000 = P3,500,000
Priest gets P1,000,000 = P1,000,000
TOTAL P8,000,000
Santino and Sara are entitled to P3.5 Million each while the priest who officiated at the wedding of Sol to her
children’s father is entitled to receive P 1Million as legacy from the free portion of the Sol’s estate. 2 Million out
of the 3.5 Million comes from their legitime, while the remaining 1.5 Million is from the free portion.
Santino is not disqualified to inherit from her mother, because an attempt against the life of the decedent is a
cause for unworthiness of an heir only if there is a final judgment of conviction (Article 1032, Civil Code). The
given facts do not mention that Santino was convicted of an attempt against the life of Sol.
Sara is also capacitated to inherit from Sol. The statement found in Article 1027 of the Civil Code that an
attesting witness to the execution of a will shall be incapable of succeeding is qualified by Article 823, Civil
Code, which provides that the devise or legacy in favor of a person who is an attesting witness to the execution

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to the will shall be void. Sara is not a devisee or legatee under Sol’s will. She is an intestate and compulsory
heir.
The priest is also capable of succeeding as a legatee, because onder Article 1027, Civil Code only the priest who
heard the confession of the testator during his last illness and his relatives within the fourth degree and the
church to which he belongs are disqualified from inheriting from the decedent by will. The priest only officiated
at the wedding of the decedent. UPLC, Nov. 18, 2019. Same lang with my answer. Page | 7
VII. Sydney was a successful lawyer. By her own choice, she remained unmarried and devoted all
her time to taking care of her nephew and two (2) nieces: Socrates, Saffinia, and Sophia.
She wrote a will giving all her properties remaining upon her death only to the two girls,
Saffinia and Sophia. She then tored up the previously probated will. The second will was presented
for probate only after her death. However, the probate court found the second will to be void for
failure to comply with the formal requisites.
(a) Will the doctrine of dependent relative revocation apply?
No. Under Art. 832 it states that a revocation made in a subsequent will shall take effect, even
if the new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees
designated therein, by their renunciation. Here, the cause of inoperativity of the second will was not
one of the causes stated in the aforesaid article to apply the doctrine. Hence, the second will did not
effectively revoked the first one. However, the first will was revoked as showed by the testator’s
intentional tearing of such.
Inoperativity – i dont know if this is a word. Better re-phrase the answer using the word inoperative.
No, the said doctrine will not apply. In the case of Molo v. Molo (G.R. No. L-2538, September 21,1951),
the court stated that the doctrine of relative revocation is a rule where revocation of the old will is a suspensive
condition or depends upon the efficacy of the new disposition, and if the new will intended as a substitute is
inoperative, the revocation fails and the original will remains in force. This was applied based on the fact that the
original will appeared to be lost; hence, the second will was executed with a revocatory clause, but in both
instances, the wife was instituted as the universal heir.
In this case, however, the revocation of the original was not through the execution of a subsequent will
with a revocatory clause, but through destruction with intent to do so. It does not appear either that the revocation
of the old will operates as a suspensive condition to the efficacy of the subsequent will, because the testator
revoked the 1st original will, as she did not wish to institute the same heirs, unlike m Molo v. Molo where the wife
was the heir in both wills. UPLC, Nov 18, 2019. Same with mine.
(b) Will your answer be the same if the second will was found to be valid but both Saffinia and
Sophia renounce their inheritance?
No, my answer will not be the same. If the cause of the inoperativity of the second will is the
renunciation of all heirs, the revocability of the first will by virtue of the second will shall be effective.
Yes, my answer will be the same. The doctrine of dependent relative revocation does not apply where the
the new will is rendered ineffeclive due to the renunciation of the heirs instituted therein. Renunciation has
nothing to do with the validity of the will, but only pertains to whether or not the heirs accent their share in the

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inheritance. Since the new will is still valid, the doctrine does not apply (Article 832, Civil Code) – UPLC answer.
Loaded Nov 18, 2019. I disagree.
Note: I don’t accent to the answer of UPLC on letter b. Check article 832. It simply says that
inoperativity of the subsequent will does not lose its “revocability powers”. Hahahaha #spiderman
Art. 832. A revocation made in a subsequent will shall take effect, even if the new will should Page | 8
become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or
by their renunciation.
HOW TO STUDY AND UNDERSTAND SUCCESSION

As we have always said in our two previous materials – Persons and Family Relations and
Property, madali lang ang pag-aaral ng batas pero mahirap ituro lalo na kung ang lawyer-professor
ay walang kaalaman kung paano magturo sa elementarya or highschool. So, we decided to treat you
like highchool students to explain the difficult rudiments of law like - Paano ba nahahati ang
kayamanan ng isang namatay? And on that note, we will discuss first the Rules of Court Rule 81.
You have to understand this by heart. If you did, madali na maintindihan ang subject na Succession.
Ah! Manahan lang yan.
Let us start with father X, na syempre namatay with a WILL or without a WILL.
If there was a Will, ang tawag ay TESTATE SUCESSION - matapos mamatay ni X, the next
step is probate. It means dadalhin ang Will sa court and the court will examine the formal solemnities
based on Art. 804 if it was a notarial will or based on Art. 810 if it was a holographic will.
If notarial will, it must be duly notarized and witnessed by at least three (3) disintrested
persons, and signed by the testator every page. The pages are alphabetically numbered. Meron din
yang tintatawag na Attestation Clause where the witnesses sworn and subscribed na nakita ng mga
mata namin na pinirmahan ni X ang Will every page. We will discuss thoroughly ang formal
solemnities later.
If holographic, dapat the will is in the handwriting ni X – written, numbred and signed. Hindi
pwede computerized. At hindi rin naka-video ang pagbibigay ng mga mana. Hindi pa kasi uso noong
1950’s and video at tape recording – kaya hindi ito pinapayagan ng batas.
If X died without a Will, ang tawag ay INTESTATE SUCCESSION. The first step is for the heirs
to talk to settle the estate amicably. Sila-sila lang ang magdedesisyon kung paano nila hahatiin yung
naiwang nag-iisang kawali ni X. hahahahah! Let say isang ektryang lupa. Pupunta sila sa isang
abogado at magpapagawa sila ng tinatawag ng EXTRA-JUDICIAL SETTLEMENT OF ESTATE. Kung
hahatiin nila ang lupa – let say 10 silang anak. So ang title ng dokumento ay Extra-judicial settlement
of estate with partition. If mayroong gustong bumili ng lupa – ang title ng dokumento ay Extra-judicial
Settlement of Estate with Sale or EJS with assignment of Rights. Depende na yan sa arrangment
among the heirs.
Pero let say one of the heirs ay sira ang tuktok at gusto niya mas malaki ang kanya. Sabi ni
A (yung isang heir na sira ang tuktok) – ay doon ako sa tabi ng creek at akin na yung accretion
(alluvial ng lupa). Ayan...nagkakalamang na. Kaysa sila ay magka-barilan they had better go to court
and file a JUDICIAL SETTLEMENT OF ESTATE. Bahala na si Judge ang magdecide kung paano
hahatiin ang lupa na fair and square.

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IN BOTH CASES, may will (TESTATE SUCCESSION) at judicial settlement of estate (yung
may sira ulong heir si A), the court will always assign an Executor (if may Will) or Administrator (if
walang Will). Ayan....yan ang pagaaralan natin. Ano ba ang ginagawa ng isang executor/adminitrator
– in short ang isang administrator/executor ay isang Tsimoy...hahahahaha ...katulong or katuwang
ng court para alamin ang lahat – mula ng si X ay ipinanganak hanggang sa namatay. Anu-ano ang
mga kayamanang kanyang nai-pundar, minana, ibinigay (noong siya bangag at naka-droga Page | 9
hahahah), formally donated properties, ibinenta, binili, at mga utang na di pa niya nababayaran or
mga obligasyon na kanyang naiwan gaya ng supporta sa mga maraming panganay sa ibat-ibang
babae or civil obligation sa nasagasaan niya ng bisikleta. LAHAT NG YAMAN AT UTANG sa madaling
salita. So plus and minus lang ito. ASSET less utang = P1. O edi piso hahatiin ng heirs.
Kaya pag namatay ang lolo, wag agad sasaya. Baka piso lang natira.
Rule 81, Rules of Court.
SECTION 1, Bond to be giuen issuance letters. Amount. Conditions. — Before an executor or

administrator enters upon the execution of his trust, and letters testamentary or of administration issue,
he shall give a bond, in such sum as the court directs, conditioned as follows:
(a) To make and return to the court, within three (3) months, a true and complete inventory of
all goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or
knowledge or to the possession of any other person for him.
(b) To administer according to these rules, and, if an executor, according to the will of the
testator, all goods, chattels, rights, credits, and estate which shall at any time come to his possession
or to the possession of any other person for him, and from the proceeds to pay and discharge all debts,
legacies, and charges on the same, or such dividends thereon as shall be decreed by the court;
(c) To render a true and just account of his administration to the court within one (1) year, and
at any other time when required by the court;
(d) To perform all orders of the court by him to be performed.
So ayun! Nakita ninyo? Sa letter (a) - magkakaroon ng inventory ng assets. Then sa letter
(b), yan na yung administration proper. Aalagaan or aasikasuhin niya ang mga lupa para bayaran
ang mga obligasyon na naiwan ng namatay. At matapos na mabayaran ang lahat ng obligasyon ni X,
saka pa lamang maibibigay ang mga mamanahin kung may matitira.
Let say X died with 100 hectares of land, and he willed them out to his three children. So
tuwang-tuwa ang tatlong ugok. Hindi pa kanila yung 100 hectares....magbabayad muna ng utang
ang estado ni X. Yung matitira lang na 3 sako ng lupa ang kanila if yan ang natira matapos bayaran
ng executor ang mga utang sa bumbay at lending companies na inutangan ni X.
So let me give you general examples.....
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INTESTATE
X father – died intestate with P1Million estate, and he is survived by Y, the wife and three
children A, B, and C. Walang utang.

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1. Alisin muna ang conjugal share ni Y which is ½ of the P1M or P500,00
2. The net estate of X is P500thou.
3. Determine the applicable law on intestate succession. Buksan ang codal kung paano
hinahati ang estate when it is survived by a spouse and children. Article 996 states that:
Page | 10
Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving
spouse has in the succession the same share as that of each of the children.
So sa natirang P500,000, maghahati-hati si Y at A B and C. So P500,000/4 = P125,000
Each one will get P125,000.
Y will get P500,000 as conjugal share plus P125,000 = P 625,000
A B and C will get P125,000 each as their inheritance share.
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If there is a Will – TESTATE SUCCESSION
Same example as above.
children A, B, and C. Walang utang.
1. Alisin muna ang conjugal share ng Y which is P500,000.
2. Determine the legitime under Testate succession if the decedent X is survived by spouse
and 3 children.
Art. 888. The legitime of legitimate children and descendants consists of one-half of the
hereditary estate of the father and of the mother.
The latter may freely dispose of the remaining half, subject to the rights of illegitimate children
and of the surviving spouse as hereinafter provided.
Art. 892. Xxx If there are two or more legitimate children or descendants, the surviving spouse
shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants.
In both cases, the legitime of the surviving spouse shall be taken from the portion that can be
freely disposed of by the testator.
From the preceeding articles, legitimate children shall get ½ of the estate and the suviving
spouse shall get the same portion equal to the legitime of one child.
A B and C will get ½ of the net estate
Y, the widow, will get same legtime of one child.
Thereofore,
X had P1M

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Y will get her conjugal share of ½ or P500,000
X net asset is only P500,000
Therefore,
The legitime of A, B and C is ½ of P500,000 or P250,000 which shall be equally divided among Page | 11
them (P83,333 each) The free portion is the other half which is P250,000 where the legitime of Y shall
be taken.
Free portion of P250,000
Less: Y’s legitime P83,333
Net Free portion: P166,667 eto pa yung paghahati-hatian nila. How?
Yung ibang authors adhere that the left over shall be divided equally among the heirs. So
P166.667/4 heirs. Each of the heir shall get ¼ of P166.667. But as for my view, it is submitted that
the remaining shall be distributed by intestate which in this case ay pareho lang ang resulta. But in
other cases, magkakarron na ng variation which you will learn later.
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Intestate uli.
children A, B, and C. May utang si X kay Dr. Z na worth P200,000 n pinang-patangos niya ng ilong
bago siya nabangga ng pison. Hindi pa bayad.
X = P1Million
Less: P200,000 for Dr. Z
X estate is P800,000
Y gets her ½ conjugal share of P400,000
The net estate is only P400,000
Y and the 3 children will divide the remaining equally among themselves or P100,000 each.
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Testate succcession taking the above example.
children A, B, and C. May utang si X kay Dr. Z na worth P200,000 n pinang-patangos niya ng ilong
bago siya nabangga ng pison. Hindi pa bayad.
1. X = P1M
Less: P200,000 for Dr. Z
X estate is only P800,000

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2. Alisin ang conjugal share ni Y which is ½ or P400,000
3. X net asset now is only P400,000
4. Buksan ang codal to determine the legtime of the compulsory heirs. Article 888 and 892
uli. Therefore,
Page | 12
A B and C will get ½ of P400,000 or P200,000 which shall be equally divided among them.
The Free portion is P200,000 where the legitime of Y shall be taken
A B and C will get P200,000/3 or P66,667 each
Free portion is P200,000
Y will get same as one child or P66,667 taken from the free portion
Free portion is P200,000 less P66,667
Net Free portion = P133,333 which shall be under intestate succession.
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In general and simple study, that is succession. Madali lang yan. You have to master these
simple examples before you delve in further. Magkakaroon pa yan ng mga segways, which are madali
lang basta alam mo na yung basic. As I said, magpaturo muna kayo sa isang math teacher about
fractions and least common denominator.
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LEGITIME
WHAT IS LEGITIME?
Art. 886. Legitime is that part of the testators property which he cannot dispose of because
th.e law has reserved it for certain heirs who are, therefore called compulsory heirs.
Art. 887. The following are 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; (dapat baguhin na ito.
This is already amended by FC and Adoption laws. These are the acknowledged illegtimate children and adopted
children)
(5) Other illegitimate children referred to in Article 287. (amended na ito as illegitimate children)

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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.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned, shall inherit from
them in the manner and to the extent established by this Code. Page | 13
For your convenience, here are the corresponding legitimes of the the heirs as per survival.
Memorize this by heart. Lalo na yung surviving spouse. Siya ang nagpapagulo. It means whenever
she/he survives, the legitimes of other heirs varies.
(A) Illegitimate Children 1/3 (H) Illegitimate parents 1/2
Surviving spouse 1/3
(B) Illegitimate children ¼ (I) Surviving spouse ½, 1/3, 1/4, 1/8
Legitimate parents 1/2
(C) Illegitimate children ¼ (J) Legitimate child alone 1/2
Legitimate parents ½
(D) Legitimate parents ½ (K) 1 Legitimate child ½
Surviving spouse ¼ Surviving spouse ¼
(E) Illegitimate child alone ½ (L) 2 or more Legitimate children ½
Legitimate parents 1/2 Surviving spouse same as 1 child
(F) (Testator is illegitimate) (M) Legtimate child ½
Illegitimate parents ¼ Illegitimate child ½ of one legitimate
Surviving spouse ¼
(G) (Testator is illegitimate) (N) (Articulo Mortis)
Illegtimate parents – 0 Spouse 1/3

If the testator died in 3 months except when
Illegitimate children ½ cohabited in 5 years

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(P) 1 legtimate child ½ (O) Legitimate children ½
Surviving spouse ¼ Surviving spouse same one child

(priority than the illegitimate child)
Illegitimate childre ¼
Illegitimate children – hati-hati sila sa free Page | 14
portion but not more than ½ of one legit child
if naubos na ng spouse ang legitime or kulang.
Take for example the legitime under letter A.
Illegitimate Children 1/3
It s very easy to spot the free portion. The free portion is also 1/3. Sa free portion mo lahat
kukunin lahat ng gifts, devise, legatee etc that the testator bestowed upon. Hindi pwedeng magalaw
ang legitime ng mga heirs.
X died with P1Million estate, with P200,000 obligation. Oooops..tanggalin mo muna yung
conjugal share ng spouse. Pero if sinabi na net estate, it means tanggal na yung conjugal share ni
spouse.
X = P1M gross
Less: P200,000
X = P800,000
Less: Y’s P400,000 as her conjugal share
X net estate is only P400,000 or ½ of P800,000
Hence,
Illegtimate children = 1/3 of P400,0000
or 1/3 x ½ x P800T or 1/6 of P800,000
Surviving spouse = 1/3 of P400,000
or 1/3 x ½ (P800thou) plus ½ (P400,000) or
1/6 (P800,000) + ½ (P800,000)
1/6 plus ½
1/6 plus 3/6
4/6 of P800,000
FREE PORTION is 1/3 of P400,000

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or 1/6 of P800,000
----------xxxx------
The free portion is 1/3 of P400,000 or P133,333. Sa Free Portion ka lang mag-aalis lahat ng
devise/legacy na ginawa ni X. The rule is uunahin mong to satisfy what it is in the will. If may devise
or legacy isatisfy mo muna yun. If may natira pa sa free portion yung naman ang makukuha ng Page | 15
instituted heir – if meron siyang nilagay na heir. If wala, magiging intestate yung natirang free portion.
But let say kulang ang free portion for the legacy/devise, pwede bang bawasan ang legitime. No.
Let say X gave A (his son) P50,000, B (another son) P50,000 and Z (a friend) P100,000. Eh,
ang free portion na lang niya ay P133,333 na lang. Ipapamigay mo ito by proportion. Pagkakasyahin.
Add all the gifts = P200,000
A = 50,000/200,000 or 5/20 or ¼ of P133,333 = P33,333.33
B = same as A = ¼ of P133,333 = P33,333.33
Z = 100,000/200,000 or ½ of P133,333= P66,666.66
Nakakatuwa pala gumawa ng will ano? Gumawa kaya ako ng Will, tapos lahat ng kaibigan
ko bigyan ko ng tig-P100,000. Eh di lahat yun puro magagandang bagay lang ang sasabihin sa
akin...puro papuri... syempre, ikaw na magkaroon ng P100,000 eh iiyak ka lang naman sa burol ko.
Lagyan ko ng condition na lahat sila kailangang kumanta sa burol hahahahah...tapos sa estate
settlement P10 na lang pala makukuha hahahahahahaha...at least for few days sumaya sila
hahahahahaha....I cant imagine na habang binabasa yung will ko lahat sila present at ngiting-ngiting
hahahahaha....
--------xxx------
Ang laging tinatanong sa exams or bar ay yung letter O and P sa chart. Kaya let us have
some practice.
(O) Legitimate children ½
Surviving spouse same one child

Illegitimate children – ½ of one legit child if kasya pa free portion
Let say X died survived by Y spouse, A and B as legtimate children and C, D, and E as
illegitimate children.
A and B gets ½ or ¼ each
Y gets ¼
C = ½ of ¼ or 1/8
D = ½ of ¼ or 1/8

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E = ½ of ¼ or 1/8
TOTAL = ¼ + ¼ + ¼ +1/8 +1/8+1/8 = 1 1/8 SOBRA NG 1/8 DI BA?
The adjustment shall be born by the illegitimate children. The legitimes of the legitimate
children and spouse shall not be disturbed. Hence, C, D and E will share equally with the remaining
¼. (1/4 divided by 3 = 1/12 each child) Page | 16
C = 1/12
D = 1/12
E = 1/12
Take note na wala ng free portion dito. Paano na yung legacy and divise if ever there is? Wala
na yun. The legitime must be respected.
Actual example of Article 895 (LETTER O)
Art. 895. (the first two paragraphs are abolished by the family code) Illegtimate children will
get ½ of that of legit child.
The legitime of the illegitimate children shall taken from the portion of the estate at the free
disposal of the testator, provided that in no case shall the total legitime of such illegitimate children
exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied.
So the distribution of legitime are as follows:
Legitimate children – ½ of the estate
The free portion is ½ of the estate where the legitime of the spouse is the same as one child
Spouse – same as one child
Illegitmate children – each will get ½ of that belong to one legitimate child
Illustration:
Testator X died leaving an estate worth P12,000,000.00. Surviving heirs are:
“A”-First legitimate child
“B”-Second legitimate child
“C”-Third legitimate child
“S”-Spouse
E – Illegitimate child
Testator gave a legacy of P500.000.00 to “F” a close friend.
Division of Estate:
Assuming the estate is net.


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A, B and C will get ½ or P6,000,000
Free portion is P6,000,000
S will get 2,000,000
E will get 1,000,000 Page | 17

F will get 500,000
Net free portion is P2,500,000 (to be divided equally among the legal heirs)
A. B, C, S and E will get additional P500,000 each
Other views regarding the distribution of the net free portion:
Dahil walang instituted heir for the free portion, intestacy will be the mode (Art. 960 par 2)
(d) Spouse – same share as one legit child (Art 999)
Two or more legit child – one share
Illegitimate children – ½ of one legit child’s share each (Art 983 or 895)
A = 1 share
B = 1 share
C = 1 share
S = 1 share
D = ½ share
Total = 4.5 shares
Hence, one (1) share is equal to 1/4.5 of P2,500,000 or P555,555.55
A= P555,555.55
B= P555,555.55
C= P555,555.55
S= P555,555.55
D= P277,777.50
TOTAL = P2,500,000
---------xxx--------
Yung sa letter O muli tayo.


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(O) Legitimate children ½
Surviving spouse same one child

Illegitimate children – ½ of one legit child if kasya pa free portion Page | 18

What if isa (1) lang legitimate child. Eh di si spouse gets ½ din. Wala ng matitira kay
illegitimate child. The best option is to split the other ½ and respect the legitime of the legitimate
child. Kaya we come up with letter P.
(P) 1 legtimate child ½
Surviving spouse ¼
Illegitimate childre ¼
Here, there is absolutely no FREE PORTION.
---------XXX-------
INTESTATE SHARE
IN INTESTACY
If X died without a will or with invalid one, the estate is distributed intestate. Madali lang ito.
Kasi walang free portion. Kahit kalderong butas walang matitira – lahat ibibigay sa mga legal heirs.
Hindi ito legitime but intestate share. Nagiging significant lang ang legitime during intestacy if may
donation (if inofficious - remember the rule on reduction and revocation of donation)
The same procedure. The administrator will have an inventory of all the properties of the
decedent (not testator). Then, less the obligation and credit (utang). You will come up with the net
estate. The next thing to do is to determine who are the heirs. If may anak, legitimate or illegitimate,
excluded ang parents. If walang anak, the parents are the heirs excluding all the collateral relatives.
If wala ng parents – the sibings, nephews and nieces will inherit up to 5th degree relatives.
Just imagine the line will go down muna – maghahanap ng anak. If wala – tataas,
maghahanap ng parents, if wala – the line will go sideways – maghahanap ng kapatid. If wala ng
kapatid – baba uli, maghahanap ng mga pamangkin. Then, STOP! Hanggang diyan lang ang mga
intestate heirs na may representation. Yung anak ng pamangkin – has no right to reperesent the
former. Magmamana sila by exclusion...it means palaputan ng dugo – the nearest relative will exclude
the distant ones. Read Article 1010.
Art. 1010. The right to inherit ob intestato shall not extend beyond the fifth degree of
relationship in the collateral line.
So the heirs are up to fifth degree. The nearest one will exclude all others.
Kung walang kamag-anak si X, the State will inherit.

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Art. 1011. In default of persons entitled to succeed in accordance with the provision of the
preceding sections, the State shall inherit the whole estate.
---------xxx---------
The spouse is always present yan. Laging naka-sampid yan na parang twalya sa katawan. If
may asawa si decedent X, here is the intestate sharing of the survivors. Page | 19
(a) Spouse alone – All (f) Spouse - ½
Legit parents – ½
(b) Spouse - ½ (g) Spouse – ½
One legit child ½ Illegit parents – ½
(c) Spouse – share same as one child (h) Spouse - ½
Two or more legit child Illegit children – ½
(d) Spouse – same share as one legit child (i) Spouse – ¼
Two or more legit child – one share Legit parents – ½
Illegitimate children – ½ of one legit child’s Illegitimate children – ¼

share each
(e) Spouse – ¼ (j) Spouse – ½
1 legit child – ½ Brothers/Sisters -1/2

(nephews and nieces)
1 illegitimate child – ¼
(wala ito sa codal – by analogy Article 1000)
Again, yung letter E and D ang laging tinatanong sa exams at sa bar. If X died without spouse.
Here are the intestate share.
(a) Legitmate Child/children alone – all (e) Legit parents/ascendants – ½
Illegitimate Chidren – ½
(b) Illegitimate child/children alone – all (f) Legit children – ½
Illegitimate Children – ½ of the share of one

legit child

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(c) Legitimate parents alone – all (g) Illegitimate chidren – all
Illegitimate parents/ ascendants –NONE

(excluded)
(d) Illegitimate parents – all
Page | 20
Illustration: Letter D
Spouse – same share as one legit child
Two or more legit child – one share
Illegitimate children – ½ of one legit child’s share each
X died with P1,000,000 estate, P100,000 loan to F. He survived by his spouse S, A and B as
legitimate children, and C, D and E as illegitimate children. Determine the intestate share.
What is given?
X estate P1M
Loan = P100,000
What is asked?
The share of A and B, S and C, D and E.
What is the formula?
A = 1 share
B = 1share
S = 1 share
C = ½ share
D = ½ share
The share distribution is 1:1:1:0.5:0.5, (add mo lang) the denominator is 4
Solution
X’s estate P1M less P100,000 loan = P900,000
Y’s conjugal share is ½ = P450,000
X’s net estate is only P450,000 to be shared by his legal heirs
Hence,
A gets ¼ of P450T

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B same as A
S same as one child (A)
C gets 0.5/4 or 1/8 of P450T
D gets .05/4 or 1/8 of P4450T Page | 21

Observation
There are hierarchy of rights to be followed whenever the estate cannot accommodate the
shares or legitime of the heirs. First compute for the share or legitime of the legitimate children, then
yung spouse, if may matititra pa para sa illegitimate children ang huli-huling may right. Kung ano
lang ang matitira sa kanila. Kaya hindi laging nasusunod ang rule that the legitime or share of an
illegitimate child is ½ of what a legit child could get. Yan ang essence ng Article 895 and 983.
-----------xxx--------
PRETERITION
Preterition happens if the testator failed (by accident or deliberate) to mention or invalidly
disinherited in his will a compulsory heir (except the wife) in the direct line. Yun bang hindi niya
pinamanahan. Tapos naglagay siya ng voluntary heirs to inherit the free portion. So wala na talagang
natira for the preterited heir. The effect is that the will shall not be totally set aside. Rerespetuhin pa
rin yung will. The legitime of the preterited heir shall be restored and the legacy/devise shall be given
effect. Hanga’t maaring gagawan ng paraan, hindi sine-set aside ang will. If may free portion, out of
it, the legitime of the preterited shall be given. If may inofficious donation na pwedeng ma-reduce or
revoke...gagawin yun to satisfy the legitime. The general solution is to satisfy the legitime out of the
free portion. If wala na talagang magagawa, wala ng pagkukuhaan...then the institution of the heir
shall be invalidated. But there are instances na because of preterition, the testate has become
intestate. We will give examples later.
By the way, if the preterited ay nakatanggap ng kahit singkong duling as donation nung
buhay pa testator – he is not really preterited. The remedy is to satisfy his legitime and not to
invalidate the institution of the heir.
Another thing to remember ay yung exclusion of compulsory heir. If X has a legitimate or

adopted child, ang parents are dislodged as heir. Kaya nga ang mga parents and siblings ng mga baog
ay laging tutol pag si baog ay mag-aampon, kasi mawawalan sila ng mana. So if in the will, X did not
mention his parents, although compulsory heir sila – there is no preterition.
The spouse is a compulsory heir but a stranger at the same time. Sampid lang sa pamilya
ang asawa. They dont belong to the ascending or descending line ni X. So, there is no preterition if
the wife was not called in the will.
Example
X died with P1M cash in bank, a house and lot (Lot1 worth P500T), another lot (Lot 2 worth
P300T), a car (worth P200T)at isang bisekleta (worth P50T). He was survived by S (spouse), A B and
C legitimate children, D an illegitimate child. He devise Lot 2 to A (the eldest one), the car to B and

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the bike to D. He assigned S as heir and executor. He disinherited C because he always get utter
expletives when drunk.
Observation
Clearly C was preterited because drunkeness and uttering expletives are not one of the
grounds for a valid disinheritance. Page | 22
What is the effect of preterition? Wala pa. Hindi pa alam. Kasi magiinvestigate pa tayo at
magcocompute ng free portion if may matitira to satisfy C’s legitime. So first thing is to ask the
administrator/executor (S) if nakatanggap ba ng donation si C noong nabubuhay pa si X. If yes, the
remedy is to satisfy the legitime minus the amount of donation made. If None, the institution of heir
is annuled.
WHAT IS PRETERITION
Art. 854. The pretention or omission of one, some, or all of the compulsory heirs in the direct
line, whether living at the time of the execution of the will or born after the death of the testator, shall
annul the institution of heir; but the devises and legacies shall be valid insofar as they are not
inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be effectual,
without prejudice to the right of representation.
Example
(1) Testator made a will. He instituted all his legtimate children (“A”, “B” and “C”) in his will.
“A” has two children “D” and “E”. “A” predeceased the testator at a time when the will was already
accomplished.
The institution of the heirs will remain, there being no preterition. “A” will be represented by
his children in the distribution of the estate.
(2) Supposing the will was made after the death of “A” who predeceased the testator, will there
be preterition if “A” was not mentioned in the will and had not received anything yet as advance
legitime? There is no preterition. The law explicitly states that the institution shall be effectual or
valid as representation is proper. The children of “A” will represent him in the estate.
Preterition is the omission of the heir in the will. Either by not naming him at all or while
mentioning him as father, son, etc., by not instituting him as heir without disinheriting him expressly,
or not assigning to him some part of the testator’s estate. Whether the testator gave a legacy to a
person, whom he characterized in the testamentary provision as not related to him, but later this
person was judicially declared to be his acknowledged natural child, the case is not a case of
preterition but a case of completion of legitime. The institution in the will would not be annuled. There
would be no intestacy (Aznar VS. Duncan, 17SCRA590).
HOW PRETERITION IS EFFECTED?
May occur in two ways:
(1) The heir is mentioned in the will but nothing is given to him,or

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(2) The heir is not mentioned at ail in the will.
WHAT ARE THE REQUISITES OF PRETERITION?
(1) There must be a total omission in the inheritance:
(2) The omitted person must be a compulsory heir; Page | 23

(3) The said compulsory heir must come from the direct line, whether ascending or
descending
(4) The omitted compulsory heir must survive the testator.
Lecture
(A) The omisssion must be total. If C (preterited son) has received donation intervivos, the
remedy if to satisfy the legitime. Or if there were still some properties not mentioned in the will, C
may participate by intestacy. Kaya nga, may computation muna if kakasya ba yung “unmentioned
properties” to satisfy his legitime.
(B) The omitted heir must be a compulsory heir enumerated in Art 887.
Art. 887. The following are 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; ( EXCLUDED)
(4) AND (5) Ilegitimate children
(C) Omitted heir must spring from the direct line; adopted child included in the direct line
but not spouse.—The omitted heir must spring from the direct line whether ascending or descending
line.
It includes adopted children.
Devises and legacies are respected unless they are inofficious (so may computation muna). If
they are not, there shall be partial intestacy. If they are inoffcious, babawasan lang. If totally
obliterated ang devise and legacies – the will is set aside and succession shall be by intestacy.
(D) Omitted heri must survived the testator. Preterition must always be determined in relation
to persons who are compulsory heirs at the time of the testator’s death.
X died today. After a month hindi na niregla si S at naka-score pa pala si Tatay nung
naghihingalo. Before 300 days, nanganak si S (spouse). The child is preterited. Nakita ninyo
significance ng Art 41 ng Civil Code and the provision ng Family Code.
What if si S ay kabit, so the child is illegitimate. Patay na si X. Under the Family Code the
illegitimacy must be proved in the lifetime of the putative father. So it is a matter of evidence na ito.

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But be as it may, if the child was proven to be X’s, the remedy is the completion or satisfaction of
legitime ni child.
WHAT ARE THE EFFECTS OF PRETERITION UNDER ART 884?
1. The institution of heirs is annulled, that is, by force or operation of law.

2. The devises and legacies shall be valid, unless inofficious; this simply means they are Page | 24
reducible to preserve affected legitimes.
3. If the compulsory heirs would predecease the testator, the institution of heir shall be
effectual, but the omitted heir would be represented by his heirs, when representation is
proper.
4. If the omitted heir is not in the direct line (like a spouse), only his legitime is given to
him/her and the instltution of heir is annulled up to that extent only.
5. As intestacy results, the previous appointment of the executor is rendered moot and
academic.
6. Preterition parents will give rise to intestate succession (kasi walang descendant si X)
7. Illegitimate children if properly recognized are compulsory heirs (Art. 887). If they are
omitted in the will of their parents, the institution of heir is partially annulled—that is,
in so far as their legitimes are concerned.
HOW BE THE SHARE OF THE PRETERITED ONE SATISFIED?
Art. 855. The share of a child or descendant omitted in a will must first be taken from the part
estate not disposed of by the will, if any; if that is not sufficient, so much as may be necessary must be
taken proportionally from the shares of the other compulsory heirs.
The satisfaction of the legitime must first be taken
1. From other properties not mentioned in the will,
2. From the free portion and
3. Lastly, from the compulsory heirs by contributing in proportion to their respective shares.
Can parents be preterited?
Yes. If they survived alone or with illegitimate children. The illegitimate child does not exclude
parents. If the testator is an illegitimate child, his children whether legitimate or illegitiamate exclude
the illegitimate parents.

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SUCCESSION AND DONATION
The donations contemplated here are donations intervivos, not mortis causa. Yung mortis
causa is really a Will so it has to conform with the formalities and solemnities of a valid will. If not,
the donation mortis causa (will) is void. So, maliwanag na donation inter vivos lang ang tatalakayin
natin dito. Page | 25
Donations at whatever kind. Pure, renumeratory, conditional and those with obligation. Yung
onerous donation kasama rin but only up to the limit lang ng pagiging onerous.
Say X donated to F a parcel of land in exchange of ng isang motorsiklo – onerous donation

ito. The land was worth P100,000 but the bike was just P60,000. The P40,000 is the amount na
pwedeng ma-reduced or ma-revoke totally.
Nagigng relevant lang ang donation if the legitimes are affected. Paano kung intestate? Di ba
wala namang legitime sa intestate? Di ba ang tawag sa share ng heirs sa intestate ay intestate share?
Yes, correct. But for the sake of knowing if the donation is inofficious kailangan mong bumalik sa
testate. Magcocompute ka na ng Free Portion. If the amount of donation ay hindi pasok sa free
portion, it means the legitime is disturbed. The donation is inofficious. Pwedeng babawasan or totally
revoked.
What if the testator has made several donations. Alin sa mga donations na yun ang
maapektuhan? The rule is “LAST IN FIRST OUT”. The last donation made ang uubusin muna.
Here is the rule for donation:
Art. 909. Donations given to children shall be charged to their legitime.
Donations made to strangers shall be charged to that part of the estate of which the
testator could have disposed by his last will.
Insofar as they may be inofficious or may exceed the disposable portion, they shall be
reduced according to the rules established by this Code.
If X has donated a sum of money to A his son, aawasin sa kanyang (A’s) legitime. If X had
donated to F (friend) aawasin sa free portion.
When donation is made in favor of a compulsory heir?
If X died intestate, the value of donation at the time it was made shall form part of the donee’s
inheritance. Let say X donated P100,000 to A, his son. X died. Based on the computation, A shall
receive P150,000. Yung P100,000 donated sa kanya ni X shall be considered as advanced share.
Kaya P50,000 na lang ang matatanggap niya sa partition of estate. If the donation ay sumobra – let
say dapat P75,000 lang nag inheritance niya. Yung sobra na P25,000 shall be returned.
If X died testate (merong valid Will), the value of donation at the time it was made shall be
determined if papasok sa free portion. Let say A and B are the compulsory heirs ni X. X donated
P200,000 to A. In partition, the estate was only P100,000. Based on testate succession, A and B shall
get ½ of P100,000 or P50,000 and the other half is the free portion. So, there is a free portion of
P50,000 where the donation of P200,000 shall be charged of. Hence, the remaining P150,000 shall
be returned.

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So nakita ninyo? Magcocompute lagi ng free portion. Yung advance legitime ni A ay aawasin
muna sa Free portion. If hindi na kasya yung free portion saka lamang aawasin sa legtime niya (A).
Paano kung may legacy ar devise na naka-charge sa free portion. Tanggal lahat yan. The donation
take preference over legacy and devise (Article 911).
Unlike if the X died without a Will, yung advance intestate share ni A shall be dedducted from
his share agad. Page | 26
Compulsory heirs are direct ascendants or descedants. Anak at apo, kung wala sila lolo or
lola. Ang asawa ay hindi compulsory heir this time. Stranger ang asawa for the sake of our discussion,
and beside bawal ang donation between husband and wife. Kapatid are strangers also.
When donation is made in favor of a stranger?
If X died intestate, the value of donation at the time it was made shall be determined if
inofficious. If the legitime of the compulsory heir is reduced by the effect of that donation, the donation
shall be reduced or revoked. So magkakaroon ng computation as if there was a will.
Let say X donated to a F, a friend, P200,000 in 2001. In 2019, he died with only P100,000
and survived by two compulsory heirs, A and B. Based on testate succession, A and B shall be entitled
to ½ of P300,000 and the other half is the free portion where the value of the donation made can be
charged of. The Free portion is only P150,000. The donation shall be reduced by P50,000.
Steps in The Determination of Inofficious Donations
Donations are deemed advances on the legitimes (if the donees are compulsory heirs) or on
the free portion (if the donees are voluntary heirs or strangers), there is a need to determine whether
they are excessive or not. If they are inofficious or excessive they will be reduced accordingly.
The steps to follow are:
First, determine the value of the properties remaining at the time of the death of the testator;
Second, determine the value of the debts, charges and other obligations of the testator
deductible from the properties or assets left;
Third, determine the difference between the assets and obligations to find out the net
hereditary estate;
Fourth, add to the net value of the hereditary estate, the value of all donations subject to
collation, which value is reckoned at the time of the making of the donations;
Fifth, from the total amount of the above, determine the legitimes of the surviving compulsory
heirs as provided by law:
Sixth deduct the total legitimes from the net hereditaiy estate and the remainder is the free
portion;
Seuenth. Consider the value of the individual donations. If they exceed the free portion, they
are Inofficious;
Eight, the excess shall then be deducted from the shares of the recipient;

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Ninth, there shall be restitution—which could be the actual return of the property or part of
the property donated, or the payment of the excess tn the mass of the hereditary estate or by
agreement, to those who received Incomplete legitimes or incomplete shares from the free portion.
Gawa tayo example para maliwanag.
When X was so filthy rich, he donated a parcel of land to F, a friend, the land worth P800,000 Page | 27
in 2000, a friend. He died in 2019 with only P1M estate and with P200,000 obligation. He was survived
by A and B compulsory legitimate children.
The steps to follow are:
First, determine the value of the properties remaining at the time of the death of the testator;
The value is P1Million
Second, determine the value of the debts, charges and other obligations of the testator
deductible from the properties or assets left;
The obligation is P200,000
Third, determine the difference between the assets and obligations to find out the net
hereditary estate;
The difference is P800,000
Fourth, add to the net value of the hereditary estate, the value of all donations subject to
collation, which value is reckoned at the time of the making of the donations;
P800,000 plus P2,000,000 (donation) = P2,800,000
Fifth, from the total amount of the above, determine the legitimes of the surviving compulsory
heirs as provided by law:
From P2,800,000, A and B are entitled to ½ or P1,400,000
Sixth, deduct the total legitimes from the net hereditary estate and the remainder is the free
portion;
P2,800,000 less P1,400,000 (legitime) = P1,400,000 the free portion
Seventh. Consider the value of the individual donations. If they exceed the free portion, they
are inofficious;
P2,000,000 (donation) is more than P1,400,000 (free portion) by P600,000
Eight, the excess shall then be deducted from the shares of the recipient;
P2,000,000 less P600,000 = P1,400,000 (the allowable donation)
Ninth, there shall be restitution—which could be the actual return of the property or part of
the property donated, or the payment of the excess tn the mass of the hereditary estate or by
agreement, to those who received incomplete legitimes or incomplete shares from the free portion.

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P600,000 the inofficious portion shall be returned subject to the ninth provision above.
---------xxx--------
So there you are. You know now the “meat” of succession. Kayang-kaya mo ng mag partition
ng estate. We will now discuss the subject as they asked in 1987-2018 Bar examinations. Actually,
all other topics except for reserva troncal ay madadali na – a matter of reading na lang. Page | 28
---------XXX-------
LECTURE FOR FIRST YEAR STUDENTS AND BAR REVIEWEES

BAR EXAM BASED FROM 1987-2018
GENERAL PROVISIONS
WHAT IS SUCCESSION?
Succession is one of the modes of acquiring ownership.
ART 712 Ownership is acquired by occupatlon and by intellectual creation
Ownership and other real rights over property are acquired and transmitted by law, by
donation, by testate and intestate succession, and in consequence of certain contracts, by tradition.
They may also be acquired by means prescription.
Art. 774. Succession is a mode of acquisition. By virtue of which the property, rights and
obligations to the extent of the value of the inheritance, of a person are transmitted through his death
to another or others either by his will or by operation of law.
Maraming kinds of succession, but in our study we will consider them as either testamentary
(if there was valid will), intestate (no valid will or no will at all), or mixed (if there was a will but the
testator forgot my name to be instituted as heir for the free portion.
HOW CAN THERE BE MIXED SUCCESSION?
There maybe mixed succession in the following circumstances.
(1) X made a will but did not institute an heir for the free portion. So that part of the estate
not inlcuded sa legitime ng mga compulsory heirs shall be subject to intestate succession.
(2) X made a will, but some provisions are invalid. Let say “ I bequeath to my favorite dog my
house and lot in Pasig”...ayan...invalid provision yan. Those other provisions shall be given effect but
those invalid shall be subject to intestate succession.
(3) X made a will in 2000. He died in 2019 with 10times number of properties than in 2000.
The incurred properties shall be subject to intestate succession. If he instituted me as heir, then lahat
ng assets after 2000 shall be mine (subject to the final determination of the compulsory heirs’
legitimes).
WHEN DOES SUCCESSION TAKE PLACE?

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Yung huling hininga ni Lolo ang push button.
Art. 777. The rights to the succession are transmitted from the moment of the death of the
decedent.
WHAT ARE INCLUDED IN THE INHERITANCE?

Page | 29
Lahat ng properties ng namatay, movable or immovable, rights (pensions or kung nakatira
sa tabing dagat si lolo – yung right of occupation kahit illegal naisasalin yan), obigations (mga bayarin,
civil liability or utang sa credit card). Lahat yan mamanahin ng heirs.
Art. 776. The inheritance includes all the property, rights and obligations of a person which are
not extinguished by his death.
Art. 781. The inheritance of a person includes not only the property and the transmissible rights
and obligations existing at the time of his death, but also those which have accrued thereto since the
opening of the succession.
Yung mga interest sa bangko o ng 5-6 kung may lending ang lolo mo. Habang inaayos ang
estado ni lolo, yung mga investments niya sa stocks, deposits, credits, anak ng kambing, anak ng
isda, bunga ng buko – etc etc lahat yan..included sa inheritance.
Intransmissible Rights — some rights are extinguished upon the death of the decedent. These
rights are intransmissible. The heirs could not succeed to intransmissible rights.
Instances of Intransmissible Rights.—1) The right to receive support; 2) obligation to give

support; 3) right of usufruct; 4) criminal liability; 5) political position; 6) right of parental authority;
(7) marital rights.
Contractual Obligations Are Transmissible - Generally, unless otherwise provided in the

contract, contractual obligations are transmissible. Thus, if the decedent is the lessor in a contract
of lease with a definite period, his heirs will inherit the obligation to respect the lease. Similarly, in a
contract of sale, the heirs are obligated to deliver the property sold by their predecessor-in-interest to
the buyer.
Examples of After-Acquired Property
(1)If during the period between the making of the will and the actual distribution of the estate
to the heirs, alluvial deposits had been added to the decedent’s land, these alluvial deposits will be
considered part of the inheritance.
(2) If the decedent has a credit which earns interest, this interest although an accession like
alluvium is considered part of the inheritance.
WHAT ARE THE DIFFERENT MODES OF SUCCESSION?
Art. 778. Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed

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WHAT IS TESTAMENTARY SUCCESSION?
If the decedent died with a valid will, then he is called a testator.
No Valid Will, No Testamentary Succession. – Testamentary succession can arise only when
the decedent left a valid will. The will could either be a notarial will or a holographic will.
Page | 30
A notarial will is one which is executed with the formalities of the law and is duly
acknowledged and notarized bona fide notary public (Art. 805, NCC).
A holographic will is one entirely written in the handwriting of the testator from the beginning
to the end, duly dated and signed. It need not be witnessed or notarized [Art. 810. NCC).
Nuncupative wills are oral wills. They are not allowed in the Philippines. A tape-recorded will
is still a nuncupative will.
Mixed Succession Is Allowed. That portion of the inheritance which is covered by the valid
will shall be disposed of in accordance with the provisions of the will and that portion not so covered
shall be governed by the rules on intestacy.
If the will Is void, the entire estate will be disposed of in accordance with the rules on
intestacy.
WHAT IS AN HEIR? DEVISEE OR LEGATEE?
Art. 782. An heir is a person called, to the succession either by the provision of a will or by
operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are respectively
given by virtue of a will.
Heirs are those persons who succeeds either they are instituted in a will or if there is no will,
they succeeds by operation of law – meaning by intestacy.
X died and instituted you as his heir. So ikaw at yung mga compulsory heirs ang mga co-
heirs mo. If walang will, hindi ka pwedeng maging heir simply because you are not his descendants,
ascendants, or dyowa.
Devisees are those persons na siniwerte. Kasi iniwanan ng lupain (real property) at yung
legatees are those persons na magmmamana ng personal property (movable) gaya ng suklay, bibe,
sintas or alahas.
A, compulsory heir can also be a devisee or legatee. May legitime na si A, plus yung blusang
itim binigay pa ng nanay niya dahil mas kailangan daw niya ito hahahahaha. Kaya ang tawag kay A
is an heir and legatee. If sinamahan pa ni nanay ng libingan (real property) at ataol. Si A is an heir,
a legatee and a divisee.
Art. 777. The rights to the succession are transmitted from the moment of the death of the
decedent.
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BAR EXAMINATION
XA. Ambrosio died, leaving his three daughters, Belen, Rosario and Sylvia a hacienda which
was mortgaged to the Philippine National Bank. Due to the failure of the daughters to pay the bank,
the latter foreclosed the mortgage and the hacienda was sold to it as the highest bidder. Six months Page | 31
later, Sylvia won the grand prize at the lotto and used part of it to redeem the hacienda from the
bank. Thereafter, she took possession of the hacienda and refused to share its fruits with her sisters,
contending that it was owned exclusively by her, having bought it from the bank with her own money.
Is she correct or not?
Sylvia is not correct. The 3 daughters are the co-owners of the hacienda being the only heirs of
Ambrosio. When the property was foreclosed, the right of redemption belongs also to the 3
daughters. When Sylvia redeemed the entire property before the lapse of the redemption period,
she also exercised the right of redemption of her co-owners on their behalf. As such she is
holding the shares of her two sisters in the property, and all the fruits corresponding thereto,
in trust for them. Redemption by one co-owner inures to the benefit of all [Adille v. CA, 157
SCRA 455). Sylvia, however, is entitled to be reimbursed the shares of her two sisters in the
redemption price. – UPLC ANSWERS
Sylvia is not correct. Under Article 1078 of the Civil Code, where there are two or more heirs,
the whole estate of the decedent is, before its partition, owned in common by such heirs. Here,
Ambrocio died and the three sisters became co-owners of the mortgaged hacienda. Thereafter, Sylvia
redeemed the property in behalf of the co-heirs. The act of redemption is not partition of the hacienda
but only made her trustee of the property as well as the fruits derived therefrom. Hence, Sylvia is just
entitled for reimbursement of what she paid for less the value of the fruits she appropriated. She did
not become the sole owner of the property.
The co-ownership was still enforced when she redeemed the property. If she bought it back
from the bank after the redemption period of one year, wala ng co-ownership. Hindi na sa kanila yung
hacienda – naging final na yung foreclosure. Kung naghintay lang si Sylvia ng another 6 months, the
property would have been hers.
For the purpose of giving effect to testamentary dispositions, what is the importance of the
distinctions between heirs on the one hand and and legatees/devisees on the other?
The distinction is important in the following situations:
If one or some or all of the compulsory heirs in the direct line had been totally preterited in
the testator’s will, the effects are follows:
(1) the institution of heirs is entirely annulled; and
(2) the legacies and devises shall be valid insofar as they are not inofficious or excessive (Art.
854. NCC).
If there is an imperfect or defective dlsinheritance, the effects are follows:

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(1) the institution of heirs is annulled to the extent of the impairment of the legitime of the
disinherited heir;
(2) the legacies and devises shall be valid insofar as they are not inofficious or excessive (Art.
918)
LECTURE Page | 32
Ang mga anak ay hindi pwedeng tanggalan ng legitime (mana according sa law). If that
happens, the will is invalid at maaring maging intestate ang mode of succession. Let say X died
survived by his wife Y and children A, B and C. He instituted B as heir. If nalimutan ni X na bigyan
ng mana either si A, B or C, or kahit isang singkong duling hindi ito nakatanggap ng donasyon nung
nabubuhay pa siya (X), the institution of B as heir shall be annuled.
If X instituted B as heir. So wala ng free portion – dahil lahat yun mapupunta na kay B. So
B will get his legitime plus the free portion. Si A, hindi nabanggit sa will. He is preterited. The
institution of B shall be invalidated.
But if in the will X gave B a car as legacy – that shall be respected as along as the value of
the car is within the free portion.
Another one. Let say X mentioned A in the will but for the purpose of disinheritance kasi
hindi raw hindi naliligo si A kaya ayaw ng tatay niya pamanahan. The ground is not one of the
grounds provided for in the Civil Code kahit nakakamatay pa amoy ni A. The effect is that the
institution of B as heir shall be annuled only up to the extent if there is an impairment ng legitime ni
A. So, magcocompute tayo.
But if X gave B a car – that shall be respected as long as the value of the car is within the
free portion.
Let say X forgot to mention Y (his wife) sa will. That is ok. Spouses are strangers and they are
not one of the compulsory heirs.
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TESTAMENTARY SUCCESSION
FORMS OF WILLS
1. WHAT IS A WILL?
Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by
law, to control to a certain degree the disposition of his estate, to take effect after his death.
2. What are the characteristics of a will?
a. It is a unilateral act of a person

b. It must follow the formalities and solemnities as required in the law
c. The provisions in the will are subject to the limitations provided in the law
d. It a solitary and personal act
e. It is revocable or ambulatory

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f. It is a written act of capacitated person
3. Can a person partitioned his estate while he is living? Yes.
Art. 1080. Should a person make a partition of his estate by an act inter vivos, or by will, such
partition shall be respected, insofar as it does not prejudice the legitime of the compulsory heirs.
Page | 33
A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or
manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering
that the legitime of the other children to whom the property is not assigned, be paid in cash.
Laging tinatamong sa exams.
Let say X may 10 anak at may sampung ektaryang lupa. Mag-drawing siya ng mapa ng lupa.
Hahatiiin niya ang sampu. Ilalagay na mga pangalan ng mga anak sa bawat parte ng lupa. Tapos
ibibigay na niya as donation intervivos – pwede yan, or by will – donation mortis cuasa ang tawag sa
partition na yan. When X dies, they 10 sibling shall respect the partition because they are bounded
by that deed.
Pwede rin ba na oral partition? The general rule is no. Exception is when the heirs made an
action to occupy the land and the others kept silence.
Oral conveyances of properties are recognized in the Philippines. Thus, It has been held that
it is not uncommon practice of country folks in the Philippines to convey their properties to their heirs
without executing any private or public document to that effect. Despite express codal provisions,
jurisprudence has recognized oral contracts as valid and efficacious to bring about partition of a
decedent’s estate among his heirs provided such partition does not affect the interest of third persons
(Lasam vs. Lasam, H8184-R March 29. 1962; 58 Off. Gaz. 7232).
4. May the testator delegate to a third person the designation of heirs, legatees or devisees or
the determination of which property shall be given to abovementioned persons?
X said in the will, “F, my friend bahala ka na kung kanino mo ibibigay ang mga property kong
maiiwan at paano ito hahatiin”. The provision is void. Kasi gagawa ka ng away among heirs.
Dapat specified na kung sino ang mga heirs, legatees or devisees at yung particular property
to be given. “F, ibigay mo kay G yung Lot 123, kay H yung bisekleta at P10,000 pesos kong nasa
Banco de Takbo kay I. As you notice, wala ng gagawin pa si F other than to hand out the things. If F
was required to determine to whom to give or what to give, then, that provision in the will is
inoperative. (Article 785, 786, 787)
Art. 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the
determination of the portions which they are to take, when referred to by name, cannot be left to the
discretion of a third person.
Art. 786. The testator may entrust to a third person the distribution of specific property or sums
of money that he may leave in general to specified classes or causes, and also the designation of the
persons, institutions or establishments to which such property or sums of money are to be given or
applied.

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Art. 787. The testator may not make a testamentary disposition in such manner that another
person has to determine whether or not it is to be operative.
5. WHAT IF THERE WERE AMBIGUITY IN THE PROVISIONS OF THE WILL?
Art. 788. If a testamentary disposition admits of different interpretations, in case of doubt, that
interpretation by which the disposition is to be operative shall be preferred. Page | 34
As much as possible the will is interpreted in its entirety. If the ambiguity cannot be resolved
by reading the entire will, then, parol evidence may be accepted except those oral evidence which
purpotedly came out from the testator’s lips. That is unacceptable. Hindi na pwedeng magsalita ang
bangkay na.
So ano lang ang mga acceptable oral evidence? All except those that will put words to the
dead man’s lips. Hindi mo siya pwedeng i-quote.
X left to Y an apartment in Elm’s street. It happes na 10 pala apartment niya sa street na

yun. So alin doon? Y may present evidence like handwritten letters, text or viber messages na will
confirm which one of those apartments was will out to him. (Article 789)
Art. 789. When there is an imperfect description, or when no person or property exactly
answers the description, mistakes and omissions must be corrected, if the error appears from the
context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his
intention; and when an uncertainty arises upon the face of the will, as to the application of any of its
provisions, testator’s intention is to be ascertained from the words of the will, taking into consideration
the ircumstances under which it was made, excluding such oral declarations.
Art 792. The invalidity of one of several dispositions contained in a will does not result in the
invalidity of the other dispositions, unless it is to be presumed that the testator would not have made
such other dispositions if the first invalid disposition had not been made.
6. WHAT ARE AFTER-ACQUIRED PROPERTY?
It covers properties acquired by the testator after the making of the will. It does not only
include properties acquired during his lifetime (l.e., after the will was made) but also properties still
being acquired after his death. The Article does not apply in intestacy. Why?
Kasi sa intestacy – walang future properties. Sa testacy meron. X made a will yesterday,
bought new car today. Then bukas nabangga siya – patay. The car is the future property. If he has
stocks or cash deposits – the dividends are not future porperties. They are accessories ng principal.
Kasama sa yan sa rights inherited at the moment of his death - rights to the civil fruits.
Art. 793. Property acquired after the making of a will shall only pass thereby, as if the testator
had possessed it at the time of making the will, should it expressly appear by the will that such was
his intention.
The general rule ay hindi kasama ang mga future properties except sinabi ni X na kasama.
Dapat explicit not implied. If the testator faied to mention an anticipatory disposition there will be
mixed succession. All properties covered by will shall be distributed according to the provisions of the
will and those after acquired shall be inherited by intestate heirs.

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Kaya yung car ni X shall be inherited by his intestate heirs.
7. WHAT ARE DEVISE AND LEGACY?
Devise is a gift of real property while a legacy is a gift of personal property given in a will.
Kapag immovable ang gift like bahay, lupa, tangke ng tubig, flagpole, kalsadada, tulay - yan puro
devise. Ang reciever ang tawag ay devisee. Kung ang gift naman ay movable like suka, kotse, kama , Page | 35
singsing – legacy po yan at legatee ang tawag sa receiver.
Art. 794. Every devise or legacy shall convey all the interest which the testator could devise or
bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey
a less interest.
X gives to F the usufruct of fishponds in Bulacan. Here, the testator gives only a lesser interest
because usufruct covers only the use and fruits of the fishponds but not the ownership thereof.
8. Testator made his will on September 16, 1911. He died on August 14, 1913. On July 1, 1916
under Act No. 2645, the formalities for the execution of wills were amended. The new law
cannot be applied to the will in question. The law at the time of the execution of the will, shall
govern its validity.
Art. 795. The validity of a will as to its form depends upon the observance of the law in force
at the time it is made.
Its about the solemnities and formalities ng will. It talks about the extrinsic validity not
intrinsic. However, a will which is void for failure to observe the formalities required at the time of its
execution can not be validated by the passage of a new law changing the formalities which now suit
its form. The exception is when the new law has retroractive effect.
Illustrations:
(a) Facts: Sancho Abadla executed a holographic will in 1923. Such will was not yet allowed
then by law. The will is presented for probate in 1946, the court allowed its probate on the ground
that holographic wills are now authorized under the New Civil Code.
Held. The will should not be allowed probate. He should be regarded and declared as having
died intestate, and his heirs will then inherit by intestate succession.
(b) X made a void will in 1911. A law was passed in 1912 which suited the defective will. X
died in 1913. The will is still void. The applicable law is the one existing in 1911. Kapag extrinsic
validity ganyan ang rule. Paano pag intinsic validity? Iba pag intrinsic. The new law can validate or
change the essence of the will.
Art. 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 nf 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 distributed in accordance with this new body of laws
and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be
permitted by this Code.

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X made a valid will 1990. He gives all his estate sa alaga niyang aso. Kasi nung 1990 the law
on succession allowed such stupidity. The law on succession was amended in 1991 making such
stupid provision unlawful. X died in 1992. The dog cannot inherit. Kasi nagbago na ang batas. The
reckoning point for intrinsic validity is upon X’s death while the reckoning point for the extrinsic
validity is the time the will was made.
WILLS IN GENERAL Page | 36
Art. 793. Property acquired after the making of a will shall only pass thereby, as if the testator
had possessed it at the time of making the will, should it expressly appear by the will that such was
his intention.
Art. 795. The validity of a will as to its form depends upon the observance of the law in force
at the time it is made.
X. Alfonso, a bachelor without any descendant or ascendant, wrote a last will and testament
in which he devised, “all the properties of which I may be possessed at the time of my death” to his
favorite brother Manuel. At the time he wrote the will, he owned only one parcel of land. But by the
time he died, he owned twenty parcels of land. His other brothers and sisters insist that his will
should pass only the parcel of land he owned at the time it was written, and did not cover his
properties acquired, which should be by intestate succession. Manuel claims otherwise.
Who is correct? Explain.
Manuel is correct. Acoording to Art. 793. NCC, property acquired after the making of a will
shall only pass thereby, as if the testator had possessed it at the time of making the will, should it
expressly appear by the will that such was his intention. Here, Alfonso’s intention to devise all
properties he owned at the time of his death expressly appears on the will, therefore, all the 20 parcels
of land are included in the devise in favor of Manuel.
VI. On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave
nothing to his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New
York medical licensure examinations, resided therein, and became a naturalized American citizen.
He died in New York in 2007. The laws of New York do not recognize holographic wills or compulsory
heirs.
[a] Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or
why not?
Yes, the holographic will of Dr. Fuentes may be admitted to probate in the Philippines because
there is no public policy violated by such probate. The only issue at probate is the due execution
of the will which includes the formal validity of the will. As regards formal validity, the only
issue the court will resolve at probate is whether or not the will was executed in accordance
with the form prescribed by the law observed by the testator in the execution of his will. For
purposes of probate in the Philippines, an alien testator may observe the law of the place where
the will was executed (Article 17, NCC), or the formalities of the law of the place where he

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resides, or according to the formalities of the law of his own country, or in accordance with the
Philippine Civil Code (Art. 816).
Since Dr. Fuentes executed his will in accordance with Philippine law, the Philippine court shall
apply the New Civil Code in determining the formal validity of the holographic will. The
subsequent change in the citizenship of Dr. Fuentes did not affect the law governing the validity
of his will. Under the New Civil Code, which was the law used by Dr. Fuentes, the law in force Page | 37
at the time of execution of the will shall govern the formal validity of the will (Article 795, NCC).
UPLC ANSWERS
TESTAMENTARY CAPACITY AND INTENT
1. WHO MAY EXECUTE A WILL?
Art. 796. All persons who are not expressly prohibited by law may make a will.
Art. 797. Persons of either sex under eighteen years of age cannot make a will.
Art. 798. In order to make a will it is essential that the testator be of sound mind at the time of
its execution.
Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all
his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease,
injury or other cause.
It shall be sufficient if the testator was able at the time of making the will to know the nature
of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary
act.
Art. 800. The law presumes that every person is of sound mind, in the absence of proof to the
contrary.
The burden of proof that the testator was not of sound mind at the time of making his
dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less,
before making his will was publicly known to be insane, the person who maintains the validity of the
will must prove that the testator made it during a lucid. interval.
Art 801. Supervening incapacity does not invalidate an effective will, nor is the will of an
incapable validated by the supervening of capacity.
Art. 802. A married woman may make a will without the consent of her husband, and without
the authority of the court.
Art. 803. A married woman may dispose by will of all her separate property as well as her
share of the conjugal partnership or absolute community property.
2. SINU-SINO AND MAARING GUMAWA NG WILL?
Lahat ng tao na sa idad na 18 pataas.
Lahat ng nasa deathrow (Article 82 RPC)

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Lahat lamang ng matino ang pag-iisip at the time of the execution of the will. After excution
of the will pwede na ulit maloka.
3. WHAT IS THE MEANING OF SOUNDNESS OF MIND?
Person is sound mind if he is able to execute his will with an understanding of the nature of
the act, such as the recollection of the property he means to dispose of, of the persons who are or Page | 38
who might reasonably be the objects of his bounty, and the manner in which it is to be distributed
among them. It is sufficient if he understands what he is about to dispose of, even if he has less
mental capacity than would be required to make a contract.
Requisites:
(a) he knows the nature of his estate (properties rights, and obligations);
(b) he knows the proper objects of his bounty (his heirs including voluntaiy heirs, if any);
(c) he knows the character of his testamentary act (that he is executing a will, effective after
death and is revocable before death).
So kahit na si X ay may sakit, illness or super duper old as mush as he possessed the
foregoing requisites he can still make a will.
Physical infirmities or diseases may or may not incapacitate a person to make a will. It all
depends upon the circumstances. Sometimes they affect the testator’s testamentary capacity.
Sometimes they do not. To quote the Supreme Court: ‘Each case rests on its facts and must be decided
by its own facts”.
The presumption is that the testator at the time of the making of the will was in his
lucid mind. The burden to prove otherwise rests upon the objector, except:
1. If the testator was publicly known to be insane one month or less before making his will.
2. If the testator had been judicially declared an insane and made his will after such
declaration and before the declaration had been set aside.
In the two situations above, the proponent of the will, to overcome the presumption of insanity
of the testator, must prove that the will was executed during a lucid interval that is, the period when
an insane person is in possession of his normal faculties.
Art. 797. Persons of either sex under eighteen years of age cannot make a will.
Art. 798. In order to make a will it is essential that the testator be of sound mind at the time
of its execution.
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JURISPRUDENCE
A person is not incapacitated to enter into a contract merely because of advanced years or by
reason of physical infirmities, unless such age and infirmities impair his mental faculties to

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the extent that he is iunable to properly, intelligently and fairly understand the provisions of
said contract
Yuson vs. Arciaga, Gr. No. 145017, January 28, 2005
While it is true that the seller was sick and bedridden, there was failure to prove that she
could no longer understand the terms of the contract and that she did not affix her thumbmark Page | 39
thereon. Unfortunately, they did not present the doctor or the nurse who attended to her to confirm
that indeed she was mentally and physically incapable or entering into a contract. Mere weakness of
mind alone, without imposition of fraud, is not a ground for vacating a contract only if there is
unfairness in the transaction, such as gross inadequacy of consideration, the low degree of
intellectual capacity of the party, may be taken into consideration for the purpose of showing such
fraud as will afford a ground for annulling a contract.
Hence, a person is not incapacitated to enter into a contract merely because of advanced
years or by reason of physical infirmities, unless such age and infirmities impair his mental faculties
to the extent that he is iunable to properly, intelligently and fairly understand the provisions of said
contract. There was no proof that the seller was deprived of reason or that her condition hindered her
from freely exercising her own will at the time of the execution of the Deed of Conditional Sale.
FORMS OF WILLS
Memorize the following article verbatim. There is no other way to do it.
Art. 804. Every will must be in writing and executed in a language or dialect known to the
testator.
Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by
the testator himself or by the testator’s name written by some other person in his presence, and by
his express direction, and attested and subscribed W three or more credible witnesses in the presence
of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses
of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left
margin, and all the pages shall be numbered correlatively in letters placed oil the upper part of each
page.
The attestation shall state the number of pages used upon which the will is written, and the
fact that the testator signed the will and every page thereof, or caused some other person to write his
name, under his express direction, in the presence of the instrumental witnesses, and that the latter
witnessed and signed the will and all the pages thereof in the presence of the testator and of one
another.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted
to them.
Art. 806. Every will must be acknowledged before a notary public by the testator and the
witnesses. The notary public shall not be required to retain a copy of the will, or file another with the
office of the Clerk of Court.

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Art. 808. If the testator is blind, the will shall be read to him twice; once, by one of the
subscribing witnesses, and again, by the notary public before whom the will is acknowledged.
What are the formalities of a valid notarial will?
a) It must be in writing and excuted in a language or dialect known to the testator.

b) It must be subscribed or signed at the end thereof by the testator himself or by the testator’s Page | 40
name written by another person in his presence and by his express direction.
c) It must be attested and subscribed by three or more credible witnesses in the presence of the
testator and of each other.
d) Each and every page except the last must be signed on the left margin by the testator or by
the person requested by him to write his name, and by the instrumental witnesses, in the
presence of each other.
e) Each and every page of the will must be numbered correlatively in letters placed on the upper
part of each page.
f) It must contain an attestation clause, signed by the witnesses stating the requirements of
the law.
g) It must be acknowledged before a notary public by the testator and the witnesses.
Signing Other Than By Usual Signature Of Testator
a) Testator, even if he knows how to write his name may sign his will by the use of a mark
b) Signing by the use of thumbmark is allowed
c) Initials of the testator will also suffice
d) Testator can also sign by a mere cross if he intended that as his signature
WHAT IS ATTESTATION CLAUSE?
Attestation clause is a certification or memorandum of facts surrounding the execution of the

will whereby the instrumental witnesses attest solemnly on the;
(1) number of pages upon which the will was written;
(2) the fact that the testator signed the will and every page thereof or caused some other
person to write his name under his express direction, in his presence and in the presence of the
instrumental witnesses, and
(3) that the latter witnessed and signed the will and all pages thereof in the presence of
the testator and one another.
Attestation clause is a separate memorandum or record of the facts surrounding the conduct
of execution of the will. If defective ang attestation clause or missing, the will is void. Mas mahigpit
pa sa rebellion ang wills – sa rebellion at least 2 witness lang pwede ng ma-convict ang accused pero
sa wills dapat ang witnesses ay tatlo plus notarized ang document.
The testator need not sign the attestation clause.
What is the significance of witnessing the signing “in the presence of each other”?

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The witnesses have two principal functions, to sign as witnesses in the execution of the will
by the testator and to attest to that fact, and the proof of their attesting is the attestation clause.
The witnesses are required to sign in the presence of the testator to prevent fraud like the
substitution of another paper for the will: the witnesses are also required to sign in the presence of
each other, so that each one may be a witness of the other and this will render difficult for possible
fabrication of testimony. Page | 41
Other important rulings on the formalities of notarial wills.
a) The testator need not sign the attestation clause

b) The will is subscribed at the end thereof by the testator alone, while the attesting witnesses
sign at the end of the attestation clause. The will is valid.
c) In the liberalization of the rule, where the testator wrote and signed the attestation clause
containing the facts required to be stated and the testator and the witnesses signed on the
left margins of the pages of the will, the will was allowed probate.
d) A will is not invalidated for lack of date of execution nor when the date stated is erroneous.
The rule is different in holographic wills where the date of execution is required.
e) Failure to state the place of execution of the will or the making of an erroneous date does not
invalidate the will.
f) While under Art. 809 mere substantial compliance will be enough, nonetheless, the failure of
the attestation clause to state the number of pages used is a fatal defect unless the number
can be determined by other evidence found in the will.
g) The attestation clause, strictly speaking, is not part of the will itself. But the same may be
incorporated into the will itself.
h) The attestation clause may be written on different page.
i) Failure to have the marginal signatures of the testator and of the attesting witnesses, when
needed, is a fatal defect. Prescribing the formalities to be observed in the execution of wills
are strictly construed.
j) Witness (like the testator) can sign with a cross, provided that is his usual signature and
provided further, he knows how to read and write—which is a required qualification for a
witness.
k) A subscribing witness is not prohibited to assume another role, that is, the signing of the
name of the testator upon the latter’s express request or direction and in his presence.
l) The person requested to sign the name of the testator does not have to put his own name on
the will. All that the law requires is that he puts the name of the testator at the end of the
will and on every page of the will at the left margin except on the last page.
m) If the requested person put his own name but omitted the name of the testator, the will is
invalid.
n) The will is void when the witnesses did not sign at the bottom of the attestation clause
although they signed on the left margin.
o) The attestation clause is the best evidence of the date of the signing of the will.
p) The notary public who notarized the will cannot be the third attesting witness to the will since
he cannot acknowledge before himself the fact of his having signed the will.
q) Execution of the will is supposed to be one act so that where the testator and the witnesses
signed on various days or occasions and in various combinations, the will cannot be stamped
with the imprimatur of effectivity.

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Test in determining substantial compliance
Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and
influence, defects and imperfections in the form of attestation or in the language used therein shall not
render the will invalid if it it proved that the will was in fact executed and attested in substantial
compliance with all the requirements of Article 805.
Page | 42
r) The Article speaks only of defects and imperfectlons in the form of the attestation or in the
language used therein. It does not cover the substance or the basic elements of an attestation
clause which are mandatory.
s) Clerical or grammatical errors in the making of the attestation clause are not of vital
importance where the intention of the testator is manifest.
t) There must be a strict compliance with the substantial requirements of an attestation clause
of the will to insure its authenticity but formal imperfections which do not affect the will,
must be disregarded so as not to defeat the testator’s wishes.
WHAT WILL MUST BE NOTARIZED?
Art. 806. Every will must be acknowledged before a notary public by the testator and the
witnesses. The notary public shall not be required to retain a copy of the will, or file another with the
office of the Clerk of Court.
The “every will” only means notarial wills or ordinary wills. Holographic wills need not be
notarized. Medyo nalimutan ng congress ayusin.
Other important rulings regarding acknowledgment.
a) Lack of documentary stamp tax is not basis for disallowance of will.

b) Acknowledgment of the will by the testator and witnesses before a notary public is
essential for its validity.
c) Notary public need not be present at the time of the execution of the will. Presence of the
notary public is required only at the time of acknowledgment he is not required to be
present during the execution of will.
d) If there is an interval of time between the signing of the will and the acknowledgment
before the notary public, it is essential that the testator remains capacitated at the time
of acknowledgment.
e) Notarial will although notarized is not considered a public document because the notary
public is not required to retain a copy thereof or to file a copy with the office of the Clerk
of Court where copies of documents notarized by notaries are submitted every month.
f) Subsequent signing and sealing by the notary of his certification that the testament was
duly acknowledged by the participants therein is no part of the acknowledgment itself
nor of the testamentary act. (here, naglagay pa ng addendum si notary aside from the
the acknowledgment itself)
g) Notary public before whom the will was acknowledged cannot be considered as the third
instrumental witness since he cannot acknowledge before himself his having signed the
will.
Cruz vs. Villasor 54 SCRA 31

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Facts: Vicente Cruz executed a will which is witnessed by three persons. The third is Atty. Angel H.
Teves who at the same time acted as the Notary Public before whom the will was supposed to have
been acknowledged.
Whether or not the Notary Public could be a third instrumental witness in the will.
No. To allow the notary public to act as third witness, or one of the attesting and acknowledging Page | 43
witnesses would have the effect of having only two attesting witnesses to the will which would be in
contravention of the provision of Article 805 requiring at least three witnesses to act as such and of
Article 806 which requires that the testator and the required number of witnesses must appear before
the notary public to acknowledge the will. The result would be, as has been said, that only two
witnesses appeared before the notary public for that purpose. In the circumstances, the law would
not be duly observed.
WHEN THE TESTATOR BE DEAF, OR DEAF-MUTE?
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do
so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable
manner, the contents thereof.
a) The requirement of personal reading is not required of testators who are not deaf or deaf—
mute. If testator is literate, he must personally read the will.
b) If the deaf or deaf—mute testator is illiterate and could not read, he shall designate two
persons who can read, to read the will and inform him of the contents thereof in some
practicable manner.
c) Reading by the two (2) designated persons Is not enough. They must communicate the
contents to the testator.
d) The fact that the contents were read to an illiterate need not be stated in the attestation
clause of the will. It is enough If said fact is established during the probate proceedings. It is
better practice though to state this fact in the attestation clause.
WHEN THE TESTATOR IS BLIND?
Art, 808. If the testator is blind, the will shall be read to him twice; once, by one of the
subscribing witnesses, and again, by the notary public before whom the will is acknowledged.
a) Blindness does not incapacitate a person to make a will. The only requirement as to capacity
is that the person shall be of age and of sound mind.
b) Blindness is not a disqualification and no presumption of Incapacity can arise from the mere
fact of blindness.
c) Whether literate or not, the will must be read to him because he cannot see. Reading is
enough because testator can hear and listen.
d) The article applies to those incapable of reading their wills due to poor, defective or blurred
vision.
Alvarado vs. Gaviola, Jr. 226 SCRA 347 (1993)
Held: Clear from the foregoing is that Art. 808 applies not only to blind testators but also to those
who, for one reason or another, are “incapable of reading the(ir) will(s).” Since Brigido Alvarado
was incapable of reading the final drafts of his will and codicil on the separate occasions of their

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execution due to his “poor.” “defective” or “blurred” vision, there can be no other course for us
but to conclude that Brigido Alvarado comes within the scope of the term “blind” as it is used in
Art. 808. Unless the contents were read to him, he had no way of ascertaining whether or not the
lawyer who drafted the will and codicil did so conformably with his instructions.
Probate of notarial will is governed by Article 838-839

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Art. 838. No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court.
The testator himself may, during his lifetime, petition the court having jurisdiction for the
allowance of his will. In such case, the pertinent provision of the Rules of Court for the allowance of
wills after the testator’s death shall govern.
The Supreme Court shall formulate such additional Rules of Court as may be necessary for the
allowance of wills on petition of the testator.
Subject to the right of appeal, the allowance of will, either during the lifetime of the testator his
death, shall be conclusive as to its due execution.
Art. 839. The will shall be disallowed in any of following cases:
(1) If the formalities required by law have not complied with;
(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of
execution;
(3) If it was executed through force or under or the influence of fear, or threats;
(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary
or of some other person;
(5) If the signature of the testator was procured by fraud;
(6) If the testator acted by mistake or did not intend that the instrument he signed should be his
will at the time of affixing his signature thereto.
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WHAT IS HOLOGRAPHIC WILL?

Art. 810. A person may execute a holographic will which must be entirely written, dated, and
signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of
the Philippines, and need not be witnessed.
Holographic will, also known as autographic will, is one which is executed by the testator
himself entirely written, dated and signed by his own hand. It was established in order to facilitate
the secret expression of the desire of the testator
a) No particular form is required for holographic wills. However, in whatever form it is executed.
It must appear explicitly that there is an intent to dispose of the inheritance mortis causa. It

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must be clear that the document is the last will of the testator. A mere draft or outline does
not constitute such will.
b) Exact date, month and year of execution must be stated on the face of the will. In Roxas vs.
De Jesus. Jr. (134 SCRA 245) where the date written is “Feb/61” without the specific date of
the month having been indicated, the probate of the holographic will was allowed following
the rule of substantial compliance. Page | 45
c) The date shall be placed after the signature of the testator. A false or erroneous date made in
good faith and where the real date itself could be ascertained on the face of the will, it shall
not be invalidated for such error alone.
d) Testator should sign at the end of the will. (Article 812)
e) Any additional provision after the signature of the testator must further be signed and dated.
Clearly then, the signature must be placed at end of the dispositions.
Probate of the holographic will is governed by Art. 811
Art. 811. In the probate of a holographic will, it shall be necessary that at least one witness who
knows the handwriting and signature of the testator explicitly declare that the will and the signature
are in the handwriting of the testator. If the will is contested, at least three of such witnesses shall be
required.
In the absence of any competent witness referred to in the preceding paragraph, and if the deem it
necessary, expert testimony may be resorted to.
A petition to admit a holographic will to probate, the only issues to be resolved are the following;
a) Whether the instrument submitted is, indeed, the decedent’s last will and testament;
b) Whether said will was executed in accordance with the formalities prescribed by law;
c) Whether the decedent had the necessary testamentary capacity at the time the will was
executed; and
d) Whether the execution of the will and its signing were the voluntary acts of the decedent.
Codoy vs. Calugay 312 SCRA 333
Facts: A holographic will was presented to probate. While several witnesses testified, no one has
testified with credibility that the purported signature of the testatrix was really hers. No one has seen
the testatrix sign the will or that they are sufficiently familiar with her signature. The alleged signature
on the will is very different compared to a genuine specimen signature of the testatrix. There are
tremors and hesitancies on the signature which are not found in the specimen signature done about
eight months away.
Issue: Can the will be probated in the absence of three witnesses declaring that the will was in the
handwriting of the deceased?
Held: The will cannot be probated. We are convinced based on the language used, that Article 811 of
the Civil Code is mandatory. the word “shall” connotes a mandatory order. We have ruled that “shall”
in a statute commonly denotes an imperative obiligation and that the presumption is that the word
“shall”, when used in a statute, is mandatory. Laws are enacted to achieve a goal intended and to
guide against an evil or mischief that it aims to prevent. In the case at bar, the goal to achieve is to
give effect to the wishes of the deceased and the evil to be prevented is the possibility that
unscrupulous individuals who for their benefit will employ means to defeat the wishes of the testator.

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e) In the absence of any competent witness, expert testimony may be resorted to, if the court
deems it so necessary.
f) Lost or a destroyed holographic will (without intent to revoke) cannot be proved by parol
evidence the bare testimony of witnesses who have seen or read it. The document itself is the
best evidence of its existence and authenticity. However, if the lost will has a photostatic
copy, or machine copy, probate may be allowed because here, there can be a comparison of Page | 46
the handwritten statements in the will with available handwriting specimens of the testator.
g) Dispositions made by the testator in his own handwriting after his signature are considered
separate from the will itself. To be valid, they must be signed and dated by the testator.
Otherwise, these postscript dispositions are void, without however invalidating the rest of the
will if properly made.
h) If the testator has made several dispositions in his holographic will which he signed but left
undated, these defective dispositions are validated if there is a last disposition which Is
properly signed and dated—regardless of the time of the prior dispositions. If the preceding
dispositions are both unsigned and undated, they are void. A latter disposition, although
signed and dated will not validate these void dispositions.
i) The testator is not precluded from changing the provisions of his holographic will. However,
if he makes any insertion. Cancellation, erasure or alteration, he must do so in his own
handwriting. Moreover, the law requires him to authenticate the same by his full signature.
Otherwise, the changes will be deemed as not made. Generally, the original will, remains.
j) When the testator crossed out the name of the first instituted heir and placed the name of
another heir as substitute without authenticating this change, nothing remains of the will.
The entire will is voided.
Kalaw vs. Relova, 132 SCRA237
Facts: Natividad Kalaw executed a holographic will instituting as heir, her sister Rosa Kalaw. She
later changed her mind. She crossed out the name of Rosa Kalaw and substituted the name of her
brother, Gregorio Kalaw as her heir. She did not however authenticate the change with her full
signature.
Held: The entire will is voided or revoked for the simple reason that nothing remains in the will. To
state that Will as first written should be given efficacy is to disregard the seeming change of mind of
the testatrix. But that change of mind can neither be given effect because she failed to authenticate
it in the manner required by law by affixing her full signature.
It is only in Article 814 where the testator is required to authenticate by his full signature. Obviously,
this means the signing of the testator’s first name, middle name and surname. However, the first
and second names may be sufficient, if the testator does not have the habit of using his middle name.
It is submitted that mere initials or marks will not suffice due to the delicate nature of a holographic
will being vulnerable to easy forgery.
Art. 814. In case of any insertion, cancellation, ensure or alteration in a holographic will, the
testator must authenticate the same by his full signature.
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CONFLICTS OF LAW AND SUCCESSION


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When a Filipino made a will in a foreign country
Art. 815. When a Filipino is in a foreign country he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be probated in the
Philippines.
a) Under the principle of lex loci celebrationis, a will executed abroad by a Filipino in accordance Page | 47
with the solemnities or forms required in said foreign county is valid in the Philippines.
“Art 17. The forms and solemnities of tracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed xx
b) Filipinos are authorized to make wills abroad in accordance with the law of the county where
executed, they are not, however, authorized to make joint wills, the making of which is against
public policy (Art. 818, NCC).
c) A will executed abroad by a Filipino in accordance with the Philippine law is also valid. A
Filipino cannot be placed in a worse situation than a foreigner who is allowed to make wills
in accordance with his national law, law of domicile or Philippine law.
When a foreigner made a will abroad
Art. 816. The will of an alien who is abroad produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which he resides, or according to the formalities
observed in his country, or in conformity with those which this Code prescribes.
Hence, Filipinos and foreigners abroad can make will in accordance with their national law,
law of residency/domicile, or in conformity with our Civil Code. The restriction is on the Filipinos who
cannot make joint wills whether allowed in the country where the will was made.
The Article applies to foreigners whether residing or not in the Philippines. The extrinsic
validity of the will of a foreigner who is abroad shall be governed by either any of the following;
a) Philippine law in accordance with Article 17, Civil Code;

b) National law of the foreigner in accordance wtth Article 817 of same Code:
c) Law of the place where he resides;
d) Law of the place where the will was executed.
The intrinsic validity of the provisions of the alien’s will shall be governed by his national law
{Art. 16 Civil Code).
Illustration on Extrinsic Validity:
‘A’, a Chinese citizen but a resident of Madrid, Spain, executed a will in New York, USA. He
died in the Philippines. Can his will be probated in the Philippines, and his estate distributed in
accordance with it?
The answer is in the affirmative, provided the will was executed in accordance with the
formalities required by any of the following;
a) Law of his country (China);

b) Law of the place where “A” last resided (Madrid, Spain);
c) Law of the Philippines (Civil Code);

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d) Law of the place where the will was executed (New York) based on Art 17; Art 816.
Par. 1.
The Intrinsic Validity shall only be governed by his national law (China).
When a foreigner made a will in the philippines

Page | 48
Art. 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and which might
be proved and allowed by the law of his own country, shall have the same effect as if executed according
to the laws of the Philippines.
Note: Wag kayong malito. Pareho din ang effect niyan as in Article 816.
Wills probated abroad must be re-probated here.
The Supreme Court enumerated the evidence necessary for the reprobate or allowance of
wills which have been probated outside the Philippines, to wit:
a) The due execution of the will in accordance with the foreign laws;
b) The testator has his domicile in the foreign country and not in the Philippines;
c) The will has been admitted to the probate of such country;
d) The fact that the foreign tribunal is a probate court:
e) The laws of a foreign country on procedure and allowance of wills.
WHAT IS A JOINT WILL?
Art. 818. Two or more persons cannot make a will jointly, or in the same instrument, either for
their reciprooal benefit or for the benefit of a third penon.
Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though authorized by the laws of the country where they may
have been executed.
Why joint wills/wills in the same instrument prohibited?
a) It is contrary to the character of revocability of wills. If one testator revokes his will by tearing
it, the other would no longer have an instrument containing his testamentary dispositions.
b) If the joint will is mutual or reciprocal, the dominant and aggressive testator may exert undue
influence In the execution of the will for his own benefit.
c) One of the testators may be tempted to kill the other.
d) The personal and secret character of the will is defeated:
e) As death of the testators would not be at the same time, there will be difficulty in the probate
of the will.
“or in the same instrument” – wills of two or more persons in the same instrument is not a joint
will. We call it mutual wills. Prohibited din ito because they are in one instrument. But if the
testators make separate wills for the benefit of each other that is allowed.
Could joint and mutual wills be the basis for distribution of the estate of the estate of the
decedent?

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No. Kasi nga prohibited ito. But if there was a wrong judgment at yung other party did not appeal
such judgment – the judgment shall become final and executory. Joint wills/mutual wills maybe
given effect.
De La Cerna vs Rebaca – Potot, 12 SCRA 576
Where a husband and wife executed a joint will and upon the death of the husband said will Page | 49
was admitted to probate by a final decree of the court although erroneous, and the wife dies later, ift
is held that said first decree of probate affects only the estate of the husband but cannot affect the
estate of the wife, considering that a joint will is a separate will of each testator and a joint will being
prohibited by law, the estate of the wife should pass upon her death to her intestate heirs and not to
the testamentaiy heir. Unless some other valid will is shown to exist in favor of the latter or unless
the testamentaiy heir is the only heir of said wife.
Note: Filipinos can make wills in other countries except joint or wills in the same instrument.
Foreigners are not bound by that law but they if they make such kind of wills in the Philippines that
cannot be probated here being against public policy.
What if the joint/mutual wills executed in the Philippines by foreigners are probated in other
countries, will the judgment of the foreign probate court be given due course in our
jurisduction? Yes. Magkakarron ng re-probate. The situs of execution is immaterial kasi foreigner
naman sila. If Filipino ang gumawa ng joint/mutual will and it was probated abroad, the will cannot
be re-probated here.
Let say X, a US citizen residing in the Philippines. He made a joint will with her wife (foreigner)
in the Philippines in the accordance with US law. So, the will is valid in the US but not in the
Philippines. X and the wife both died. The will cannot be probated here because it is against public
policy. But if the will has been probated in US, the court will recognize such foreign judgment. But
titignan ng court if the judgment does not violate our laws (Art. 17, third paragraph) like if the foreign
judgment awarded a piece of land sa isang non-Filipino citizen – ayan...that judgment cannot be given
effect.
But let say the wife is a Filipina. Ayan...ibang kwento na yan. The joint will shall be re-
probated sa Philippines. The provisions of X shall be given effect in so far as they are not violative of
our laws but all the provisions of the Filipina wife shall be all together be declared void. (This view is
controversial – some would say that since the instrument is one juridical act, it must be altogether
be rendered void)
Another example: A and B, both Filipinos abroad made a joint will. The will was probated
abroad and judgment was rendered concerning properties in US and the Philippines. Yung mga
properties sa US, wala na tayong pakialam doon. Kasi US property yun. Yung mga property sa
Philippines shall be distributed by intestacy because joint wills exceuted abroad by Filipinos are void.
-----------XXX--------
JURISPRUDENCE
The will is void not because of the cross but because of the failure to state the signing of his
name by somebody else

SUCCESSION
BAR LAW FOR DUMMIES

The testator requested another person to sign his (testator) name in the will, to which the
latter obliged. Thereafter, the testator personally put a cross after his name. The attestation clause
did not state that another person was instructed to sign the testator’s name on the will.
Had it been proved that the cross was the usual signature of the testator or was one of the
ways by which he signed his name, the will would have been valid, for the signature of the other
person would be immaterial, since he (testator) would then be considered to have properly signed his Page | 50
name.
---------xxx--------
BAR EXAMINATION
XIV. Stevie was born blind. He went to school for the blind, and learned to read in Braille
language. He speaks English fluently. Can he:
(a) Make a will?
Stevie may make a notarial will. A blind man is not expressly prohibited from executing a will.
In fact, Article 808 of the NCC provides for additional formality when the testator is blind. Ste
vie, however, may not make a holographic will in Braille because the writing in Braille is not a
handwriting. A holographic will to be valid must be written entirely, signed, and dated by the
testator in his own handwriting. UPLC ANSWER
(b) Act as a witness to a will?
A blind man is disqualified by law to be a witness to a notarial will.
(c) In either of the above instances, must the will be read to him?
In case Stevie executes a notarial will, it has to be read to him twice. First by one of the
instrumental witnesses, and second by the notary public before whom the will was
acknowledged. UPLC ANSWER
X. Arthur executed a will which contained only:
(i) a provision disinheriting his daughter Bernice for running off with a married man, and
(ii) a provision disposing of his share in the family house and lot in favor of his other children
Connie and Dora.
He did not make any provisions in favor of his wife Erica, because as the will stated, she
would anyway get ½ of the house and lot as her conjugal share. The will was very brief and
straightforward and both the above provisions were contained in page 1, which Arthur and his
instrumental witness, signed at the bottom. Page 2 contained the attestation clause and the
signatures, at the bottom thereof, of the 3 instrumental witnesses which included Lambert, the driver
of Arthur; Yoly, the family cook, and Attorney Zorba, the lawyer who prepared the will.
There was a 3rd page, but this only contained the notarial acknowledgement. The attestation
clause stated the will was signed on the same occasion by Arthur and his instrumental witnesses

SUCCESSION
BAR LAW FOR DUMMIES

who all signed in the presence of each other, and the notary public who notarized the will. There are
no marginal signatures or pagination appearing on any of the 3 pages. Upon his death, it was
discovered that apart from the house and lot, he had a P1 million account deposited with ABC Bank.
What other defects of the will, if any, can cause denial of probate?
There are no other defects of the will that can cause denial of probate. Art 805 of the Civil Code Page | 51
provides that the will must be subscribed at the end thereof by the testator, and subscribed by
three or more credible witnesses in the presence of the testator and of one another. The driver,
the cook and the lawyer who prepared the will are credible witnesses. The testator and the
instrumental witnesses of the will, shall also sign, each and every page will proper, except the
last, on the left margin, and all the pages shall be numbered correlatively in letters placed on
the upper part of each page.
It has been held, however, that the testator’s signature is not necessary in the attestation
clause, and that if a will consists of two sheets, the first of which contains the testamentary
dispositions, and is signed at the bottom by the testator and the three witnesses, and the
second sheet contains the attestation clause, as in this case, signed by 3 witnesses, marginal
signatures and paging are not necessary. After all, the object of the law is to avoid substitution
of any of the sheets of the will. (Abangan v. Abangan, 40 Phil. 47611919]; In Re: Will of Tan
Diuco, 45 Phil 807 [19241). UPLC ANSWER
VI. Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa and
Benjamin to be witnesses. During the day of the signing of her will, Clara fell down the stairs and
broke both her arms. Coming from the hospital, Clara insisted on signing her will by thumb mark
and said that she can sign her full name later. While the will was being signed, Roberta experienced
a stomach ache and kept going to the restroom for long periods of time. Hannah, while waiting for
her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on
which everyone was signing. Benjamin, aside from witnessing the will, also offered to notarize it. A
week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will
of Clara be admitted to probate? Give your reasons briefly.
Probate should be denied. The requirement that the testator and at least three (3) witnesses
must all sign in the “presence” of one another was not complied with. Benjamin who notarized
the will is disqualified as a witness, hence, he cannot be counted as one of the three witnesses
(Cruz v. Villasor, 54 SCRA 31 [1973]). The testatrix and the other witnesses signed the will not
in the presence of Roberta because she was in the restroom for extended periods of time. Inside
the restroom, Roberta could not have possibly seen the testatrix and the other witnesses sign
the will by merely casting her eyes in the proper direction [Jaboneta v. Gustilo, 5 Phil. 541
[1906]: Nera u. Rimando, 18 Phil. 451 [1914]). Therefore, the testatrix signed her will in the
presence of only two witnesses, and only two witnesses signed the will in the presence of the
testatrix and of one another.
It is to be noted, however, that a thumbmark intended by the testator to be his signature in

executing his last will and testament is valid (Payad v. Tolentino, 63 Phil. 848 [1936]; Matias
v. Salud, L-104 Phils. 1046, 23 June [1958]). The problem, however, states that Clara “said
that she can sign her full name later”; Hence, she did not consider her thumbmark as her

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FROM Nth BAR CHALLENGER TO ATTORNEY

Ang BAR LAWS FOR DUMMIES 2020 (BLD2020) SUCCESSION na may

Ang mga manunulat ay pauna na nang humihingi ng pang-unawa

NAPAKA-MAHAL NG MGA LAW BOOKS – MAHAL PA SA TUITION FEES.

ANG MGA MANUNULAT AY NAGSIKAP NA PABABAIN ANG HALAGA NG

NAWA’Y ANG GAWAING ITO ANG MAG-PASIMULA UPANG ANG MGA

BAR LAW FOR DUMMIES 2020

HOW TO ANSWER BAR QUESTIONS 2018 …4

HOW TO STUDY AND UNDERSTAND SUCCESSION…6

LEGITIME…11, 97, 109, 110

INTESTATE SHARES CHART…17

PRETERITION…19, 77, 121, 170

SUCCESSION AND DONATION… 23, 112

TESTAMENTARY CAPACITY AND INTENT…35

CONFLICTS OF LAWS AND SUCCESSION…45

REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS…65

PER CAPITA VS PER STIRPES…76

USUFRUCTUARY AND SUCCESSION…86

LEGACY AND DEVISE…115

LEGAL OR INTESTATE SUCCESSION

IRON CURTAIN RULE…137

PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESION

RIGHT OF ACCRETION…123, 146

CAPACITY TO SUCCEED BY WILL OR BY INTESTACY…150

ACCEPTANCE AND REPUDIATION OF THE INHERITANCE…153

HOW TO ANSWER BAR QUESTIONS

How to answer bar questions?

2018 BAR EXAMINATION

IV. Severino died intestate, survived by:

His wife Saturnina

Sandra gets P2,000,000 plus P1,500,000 = P3,500,000

Santino gets P2,000,000 plus P1,500,000 = P3,500,000

Priest gets P1,000,000 = P1,000,000

(a) Will the doctrine of dependent relative revocation apply?

HOW TO STUDY AND UNDERSTAND SUCCESSION

Rule 81, Rules of Court.

SECTION 1, Bond to be giuen issuance letters. Amount. Conditions. — Before an executor or

(d) To perform all orders of the court by him to be performed.

So let me give you general examples.....

2. The net estate of X is P500thou.

So sa natirang P500,000, maghahati-hati si Y at A B and C. So P500,000/4 = P125,000

Each one will get P125,000.

Y will get P500,000 as conjugal share plus P125,000 = P 625,000

A B and C will get P125,000 each as their inheritance share.

If there is a Will – TESTATE SUCCESSION

Same example as above.

1. Alisin muna ang conjugal share ng Y which is P500,000.

A B and C will get ½ of the net estate

Y, the widow, will get same legtime of one child.

X net asset is only P500,000

Free portion of P250,000

Less: Y’s legitime P83,333

Net Free portion: P166,667 eto pa yung paghahati-hatian nila. How?

Less: P200,000 for Dr. Z

Y gets her ½ conjugal share of P400,000

The net estate is only P400,000

Testate succcession taking the above example.

Less: P200,000 for Dr. Z

X estate is only P800,000

3. X net asset now is only P400,000

A B and C will get P200,000/3 or P66,667 each

Free portion is P200,000

Free portion is P200,000 less P66,667