Characteristics of Wills:

2014 BAR PRE-WEEK NOTES 1. Purely personal (Articles 784-785; 787)

SUCCESSION
2. Free and intelligent (Article 839)—the testator’s consent
Prof. Rubén F. Balane
should not be vitiated by insanity, violence, intimidation,
undue influence, fraud, or mistake.
A PRAYER BEFORE STUDY
3. Solemn and formal (Articles 804-814; 820-821)—the
by St. Thomas Aquinas
requirements of form depend on whether the will is
Lord, true source of light and attested or holographic.
wisdom, give me a keen sense of 4. Revocable or ambulatory (Article 828)
understanding, a retentive memory 5. Mortis causa (Article 783)
and the capacity to grasp things 6. Individual (Article 818)—joint wills are prohibited in this
correctly. Grant me the grace to be jurisdiction.
accurate in my expositions and the 7. Executed with animus testandi (Article 783)
skill to express myself with 8. Executed with testamentary capacity (Articles 796-803)
thoroughness and clarity. Be with
9. Unilateral (Article 803)
me at the start of my work and study,
10. Dispositive of property (Article 783)
guide its
progress and bring it to its completion. 11. Statutory (Article 783)
Grant this through Christ our Lord.
Amen. Art. 776. The inheritance includes all the property, rights and obligations of a
person which are not extinguished by his death. (659)
St. Thomas, Pray for us.
Note:
Art. 774. Succession is a mode of acquisition by virtue of which the property, 1) Inheritance – includes property, rights and obligations up
rights and obligations to the extent of the value of the inheritance, of a person to the value of the property and rights. (Transmissible
are transmitted through his death to another or others either by his will or by rights and obligations)
operation of law. (n) 2) Money obligations do not directly pass to the heirs. If a
person dies with an unpaid debt, the remedy of the
Note: creditor is not to sue the heirs (otherwise, it will be
1) A will has also been defined as a disposition made by a dismissed), but to file a money claim in the settlement
competent testator in the form prescribed by law, of proceedings in accordance with the Rules of Court.
property over which he has the legal power of
disposition which disposition is of such nature as to take Successional system in the Philippines – "Partial reservation"
effect at the death of the testator.
2) Or, a will is a personal, solemn and revocable free act by Kinds:
which a capacitated person disposes of his property and 1. Compulsory
rights and declares or complies with duties to take effect 2. Testamentary
after his death. (Vitug v. CA) 3. Intestate
3) The right to make a will is not natural but a statutory
right and must be subordinate to law and public policy.
COMPULSORY Note: When can you renounce? After the testator's
A. Succession to the legitime (886) death only

Article 886. Legitime is that part of the testator's property which he cannot D. Kinds of compulsory heirs
dispose of because the law has reserved it for certain heirs who are, therefore, 1. P Legitimate children (LC) and descendants (LD):
called compulsory heirs. (806) no limit in the descending line
2. S Legitimate parents (LP) and ascendants (LA):
Note: no limit in the ascending line
a) "That 'part' of the testator's property." Hence, 3. C Surviving spouse (SS): at least a valid or
not specific. voidable marriage at the time of death of the
b) "which he cannot dispose of" – covers gratuitous decedent
dispositions only a) Non-marital union? Not a compulsory
nor intestate heir
B. Legitime inviolate (904) b) Legal separation? One of the effect is
that the guilty spouse is disqualified to
Article 904. The testator cannot deprive his compulsory heirs of their legitime, inherit either in compulsory, testate or
except in cases expressly specified by law. intestate succession unless subsequent
Neither can he impose upon the same any burden, encumbrance, condition, or
reconciliation. However, in case of death
substitution of any kind whatsoever. (813a)
of either spouse pendente lite, the case
shall be dismissed. Righ of the surviving
Note: Otherwise, subject to reduction or revocation spouse to succeed is retained.
4. C Illegitimate children (IC) and descendants (ID):
C. No contract, agreement, renunciation, compromise (905, born outside of wedlock except born in a
1347, par.2)
voidable, or void under 36 and 52
5. S Illegitimate parents (IP) only
Article 905. Every renunciation or compromise as regards a future legitime
between the person owing it and his compulsory heirs is void, and the latter may
claim the same upon the death of the former; but they must bring to collation
Note:
whatever they may have received by virtue of the renunciation or compromise. 1. Primary – excludes the secondary
(816) 2. Secondary – only in default of primary
3. Concurring – with primary and secondary except
Article 1347. All things which are not outside the commerce of men, including Illegitimate children excludes illegitimate
future things, may be the object of a contract. All rights which are not parents
intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in cases Note also: Principle of exclusion and concurrence
expressly authorized by law.
All services which are not contrary to law, morals, good customs, public order or
public policy may likewise be the object of a contract. (1271a)
E. Combinations 4. LC and IC (176 FC)
1. LC or LD alone (888) - LC 1/2
- 1/2 always, no matter what - IC 1/2 of 1 LC
- nearer exclude the more remote except in case
of representation X

X A 1/4 B1/4 C1/8

A 1/6 B 1/6 C 1/6 X

A1 A2 B1 B2 C1 C2 A 1/4 B 1/4 C 1/8 D 1/8 E 1/8 F 1/8 G 1/8

Note: A, B and C will exclude A1, A2, B1, B2, C1, Note: In the latter case,
and C2 a) NEVER reduce share of LC
b) Reduce proportionately only the share
2. LC and SS (892, par.2) of IC (895). Thus, the IC will get 1/10
- LC 1/2 each
- SS a share of 1 child
HOW TO COMPUTE:
X - Y 1/4 Just get the remaining portion, then divide
among the IC. Thus, in the example above:
A 1/4 B 1/4
Whole estate minus 2/4 or 1/2 (representing A
X - Y and B's shares) = 1/2

+A +B +C 1/2 divided by 5 ICs = 1/10 each

A1 A2 B1 B2 C1 C2 5. LC, IC, and SS (895, 176 FC)

1/12 1/12 1/12 1/12 1/12 1/12 - LC 1/2
- IC 1/2 of 1 LC
Note: In the latter case, Y will still get what 1 - SS a share of 1 LC
child would have gotten, which is 1/6. Thus, the
share of SS is always computed on the basis of 1 X - Y 1/4
child.
A 1/4 B 1/4 C D E F G
3. 1 LC and SS (892, par.1)
- 1 LC 1/2 Note: Only the share of ICs are subject to
- SS 1/4 reduction. Same computation as No. 4: The
 remaining 1/4 will be divided by 5 ICs. Thus each +A1 A2 1/4 B1 1/8 B2 1/8
IC will get 1/20.
+A +B
6. 1 LC, IC and SS (895)
- LC 1/2 X
- IC 1/2 of 1 LC
- SS 1/4 Note: Equal division within the line. Hence, A2
will get the 1/4, while B1 and B2 will divide
Note: Only the share of ICs are subject to between them the 1/4 share, or 1/8 each.
reduction. Same computation as No. 4 and 5.
8. LP and IC (896)
7. LP alone (includes also other ascendants) (889) - LP 1/2
- 1/2 - IC 1/4 "collectively"

Rules: (889, 890) 9. LP and SS (893)

a) Nearer exclude the more remote (no - LP 1/2
representation in the ascending line) - SS 1/4
b) Division by line
c) Equal division within the line 10. LP, IC and SS (899)
- LP 1/2
A 1/4 B 1/4 - IC 1/4
- SS 1/8
X
11. SS alone (900, par.1)
A1 A2 B1 B2 - GR: 1/2
-1/3 if: (900, par.2)
A +B a) Marriage in articulo mortis
b) Decedent dies within 3 months from the
X marriage
c) They did not cohabit for 5 years
Note:
a) A will exclude A1, A2, B1, and B2 Note: The one who dies must be the one who is
b) B1 and B2 cannot represent at the point of death!
c) If both A and B are (+), nearer exclude
the more remote. Hence, A1, A2, B1 and 12. SS and IC (894)
B2 are nearest - SS 1/3
- IC 1/3
 13. SS and IP (903) Legitimate parents ½ of the estate
- SS 1/4 w
Surviving spouse ¼ of the estate
- IP 1/4
Legitimate parents ½ of the estate
14. IC alone (90_) w
- 1/2 Illegitimate children ¼ of the estate
w
Surviving spouse 1/8 of the estate
15. IP alone (90_)
- 1/2 Surviving spouse alone ½ of the estate or 1/3 if the marriage, being in
articulo mortis
SUMMARY OF COMBINATIONS (COMPULSORY SUCCESSION) Surviving spouse 1/3 of the estate
w
Illegitimate children 1/3 of the estate
Legitimate children alone ½ of the estate divided equally
Surviving spouse ¼ of the estate
Legitimate children ½ of the estate
w
w
Illegitimate parents ¼ of the estate
Surviving spouse a share equal to that of one child
Illegitimate children alone ½ of the estate
One legitimate child ½ of the estate
w Illegitimate parents alone ½ of the estate
Surviving spouse ¼ of the estate

Legitimate children ½ of the estate F. Basic legitime: 1/2 except:

w 1. Combination No. 11 (894)
Illegitimate children each will get ½ of share of one legitimate child
Legitimate children ½ of the estate
2. Combination No. 12 (900, par.2)
w 3. Combination No. 13 (903)
Illegitimate children each will get ½ of share of one legitimate child
w Article 894. If the testator leaves illegitimate children, the surviving spouse shall
Surviving spouse a share equal to that of one child be entitled to one-third of the hereditary estate of the deceased and the
*Preferred over those of the illegitimate child, which shall be
reduced if necessary illegitimate children to another third. The remaining third shall be at the free
One legitimate child ½ of the estate disposal of the testator. (n)
w
Illegitimate children each will get ½ of share of one legitimate child Article 900. If the only survivor is the widow or widower, she or he shall be
w entitled to one-half of the hereditary estate of the deceased spouse, and the
Surviving spouse ¼ of the estate testator may freely dispose of the other half. (837a)
*Preferred over those of the illegitimate child, which shall be
reduced if necessary If the marriage between the surviving spouse and the testator was solemnized in
articulo mortis, and the testator died within three months from the time of the
Legitimate parents alone ½ of the estate marriage, the legitime of the surviving spouse as the sole heir shall be one-third
of the hereditary estate, except when they have been living as husband and wife
Legitimate parents ½ of the estate for more than five years. In the latter case, the legitime of the surviving spouse
w shall be that specified in the preceding paragraph. (n)
Illegitimate children ¼ of the estate
Article 903. The legitime of the parents who have an illegitimate child, when
such child leaves neither legitimate descendants, nor a surviving spouse, nor
illegitimate children, is one-half of the hereditary estate of such illegitimate
child. If only legitimate or illegitimate children are left, the parents are not
entitled to any legitime whatsoever. If only the widow or widower survives with
parents of the illegitimate child, the legitime of the parents is one-fourth of the
hereditary estate of the child, and that of the surviving spouse also one-fourth of
the estate. (n)
G. LC and LD (representation) only in the ff. cases: (DIP)
1. Disinheritance
2. Incapacity
3. Predecease
Note: No representation in Renunciation
H. Adopted child (Sec. 18 DAA)
1. Adoptee is LC of the adopter
2. Adopter is LP of the adoptee
Note: Must be "legal" adoption, not a de facto adoption
Q: Can an adopted child inherit a legitime from his
biological parents?
A: Yes. Although under Sec. 16 DAA, all legal ties
severed, this relates to parental authority only! Hence,
the child may still be a compulsory and intestate heir of
his/her biological parents.
I. SS, when concurring with LC, gets a share of 1 child
J. LP and LA (3 rules) (889, 890)
Article 889. The legitime of legitimate parents or ascendants consists of one-
half of the hereditary estates of their children and descendants.
The children or descendants may freely dispose of the other half, subject to the
rights of illegitimate children and of the surviving spouse as hereinafter provided.
(809a)
Article 890. The legitime reserved for the legitimate parents shall be divided
between them equally; if one of the parents should have died, the whole shall
pass to the survivor.
If the testator leaves neither father nor mother, but is survived by ascendants of
equal degree of the paternal and maternal lines, the legitime shall be divided
equally between both lines. If the ascendants should be of different degrees, it
shall pertain entirely to the ones nearest in degree of either line. (810)
K. IC – always 2:1 ratio, subject to reduction (902, compare
with 992)
Article 902. The rights of illegitimate children set forth in the preceding articles
are transmitted upon their death to their descendants, whether legitimate or
illegitimate. (843a)
Article 992. An illegitimate child has no right to inherit ab intestato from the
legitimate children and relatives of his father or mother; nor shall such children
or relatives inherit in the same manner from the illegitimate child. (943a)

CASE:
a) In a "mere lateral statement" in the case of In
Re: Adoption of Stephanie Garcia, the Court said:
Under the Domestic Adoption Law, an adopted
child retains the right to inherit ab intestato
from his biological parents.
b) No representation – an adopted child can
neither represent nor be represented in
compulsory and intestate succession. The bond
of adoption creates a "relationship" only
between the adopter and the adoptee.
 4. When determined:
 - Only upon DEATH of the decedent
L. PRETERITION - If the heir died before the testator, there is no
1. Meaning: (854) preterition WITHOUT PREJUDICE TO the right of
- TOTAL omission from the inheritance representation (854, par.2)

Article 854. The preterition or omission of one, some, or all of the compulsory PRETERITION DISINHERITANCE
heirs in the direct line, whether living at the time of the execution of the will or
Consists in the omission in the A testamentary disposition
born after the death of the testator, shall annul the institution of heir; but the
testator’s will of the forced depriving any compulsory heir
devises and legacies shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institution
heirs or anyone of them, of his share in the legitime for
shall be effectual, without prejudice to the right of representation. (814a) either because they are not a cause authorized by law
mentioned therein, or, though
2. Who can be preterited? mentioned they are neither
- Compulsory heirs "in the direct line," whether instituted as heirs not are
living or born after the death of the testator expressly disinherited
- All compulsory heirs (including an adopted NATURE:
child) except the spouse 1. Involuntary 1. Voluntary, supported by a
- Remedy of the spouse: Demand legitime 2. Tacit deprivation legal cause
- Reckoning point: death of the testator 2. Express deprivation
EFFECT: “shall annul the institution of
3. Effect: “shall annul the institution of heirs,” put only “insofar as it
- "Annuls" the institution of heirs heir” may prejudice the person
- As to legacies and devices, retained subject to disinherited,” which last phrase
reduction was omitted in the case of
preterition (918)
Note: (782)
a) Heir – one who receives a fractional,
aliquot, pro indiviso part of the
inheritance
b) Legatee – one who receives a specific
real property
c) Devisee – one who receives a specific
personal property

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. (n)
 M. RESERVA TRONCAL (891) 2. Process:
a) 1st transfer: MS to P by gratuitous title:
ORIGIN RESERVISTA Transfer by "gratuitous title" includes
Gratuitous Operation By intestacy donation (except onerous donation) or
title of law succession
(donation or (legitimes or
succession) intestacy) b) 2nd transfer: P to another ascendant (R'a)
by operation of law: "Operation of law"
PREPOSITUS RESERVATARIOS
includes only compulsory or intestate
Article 891. The ascendant who inherits from his descendant any property which
succession
the latter may have acquired by gratuitous title from another ascendant, or a c) 3rd transfer: R'a to R'ios: not a requisite,
brother or sister, is obliged to reserve such property as he may have acquired by but a consequence of a reserva
operation of law for the benefit of relatives who are within the third degree and
who belong to the line from which said property came. (871) Note: The first two transfers are required for the
reserva to arise
Illustration: The Prepositus (P) inherits a piece of land from his
father (Origin). Subsequently, P dies, intestate, single and 3. Two basic rules:
without issue, and the land is in turn inherited by his mother a) No inquiry is to be made beyond the
(Reservista). Mediate Source or Origin. It does not
matter who the owner of the property was
The reservista is now required to reserve the property in favor of before it was acquired by the Origin
P’s paternal relatives within the third degree (Reservatarios) b) All the relationships among the parties
must be legitimate
1. Requisites:
a) That the property was acquired by a 4. Parties:
[person] from an ascendant or from a a) Mediate Source or Origin (MS):
brother or sister (of the prepositus) by i. An ascendant of the Prepositus, or
gratuitous title; ii. A brother or sister of the
b) That said [person] died without Prepositus:
[legitimate] issue; a. One school of thought: The
c) That the property is inherited by another relationship must be of half-
ascendant by operation of law; and blood; otherwise the
d) That there are relatives within the third property would not change
degree (reservatarios or reservees) lines in passing to a common
belonging to the line from which said ascendant of the prepositus
property came and the brother. There
should be no reserva if the
fraternal relationship is of
full-blood for then it would
not be possible to identify
 the line of origin—whether
paternal or maternal
b. Another school of thought:
It does not matter whether
the fraternal relationship is
of the full- or the half-blood.
In either case a reserva may
arise. Since the law makes
no distinction, we should
not make one
Note: For purposes of the bar,
you can take either view
b) Prepositus (P):
i. A descendant or a sibling of the
Mediate Source
ii. The "arbiter" of the reserva
troncal (Sanchez Roman)
c) Reservista (R'a):
i. He is another ascendant of the
Prepositus, of whatever degree
ii. Should the Origin and the
Reservista belong to different
lines?
a. No, because another
ascendant is one belonging
to a line other than that of
the reservista.
b. Yes, because: (1) the law
makes no distinction, and (2)
the purpose of the reserve is
not only curative, but also
preventive; i.e., to prevent
from leaving the line.
Note: For purposes of the bar,
you can take either view
d) Reservatarios (R'ios)
i. Requisites:
(1) He must be within the third
degree (of consanguinity) from the
Prepositus
(2) He must belong to the line
from which the property came.
This is determined by the Origin
Note:
1st: Father and Mother
2nd: Grandparents, Brother and
Sister
3rd: Great grandparents, Uncles,
Aunts, Nephews, and Nieces
ii. To be qualified as a reservatario, is
it necessary that one must already
be living when the Prepositus
dies? No. Manresa: The reserva is
established in favor of a group or
class: the relatives within the third
degree—not in favor of specific
individuals
As long as the reservatario is alive
at the time of the reservista’s
death, he qualifies as such, even if
he was conceived and born after
the Prepositus’s death
iii. Must the reservatario also be
related to the Mediate Source?
a. No. Manresa: “the article
speaks solely of two lines,
the paternal and the
maternal of the descendant,
without regard to
subdivisions.”
 b. Yes. Sanchez Roman:
“otherwise, results would
arise completely contrary to
the purpose of this reserva
which is to prevent property
from passing to persons not
of the lien of origin.”
Note: For purposes of the bar,
you can take either view
iv. Preference among the
reservatarios: The ordinary rules
of intestate succession should
govern:
a. Relationship of decedent
with:
1. Ascendants and
descendants
2. Collateral relatives
up to the 5th degree
3. Spouse
4. State
b. Preference of lines
c. Proximity of degree except
in representation
d. Relatives in equal degrees
will inherit in equal shares
except
1. Preference of lines
2. Distinction between
legitimate and
illegitimate
3. Rule of division by
line
4. Distinction between
full- and half-blood
brothers and sisters,
nephews and nieces
5. Representation
5. Reservista (rights):
a) The reservista’s right over the reserved
property is one of ownership
b) The ownership is subject to a resolutory
condition, i.e., the existence of
reservatarios at the time of the reservista’s
death
c) The right of ownership is alienable, but
subject to the same resolutory condition
d) The reservista’s right of ownership is
registrable
6. Reservatarios (rights):
a) The reservatarios have a right of
expectancy over the property
b) The right is subject to a suspensive
condition, i.e, the expectancy ripens into
ownership if the reservatarios survive the
reservista
c) The right is alienable, but subject to the
same suspensive (not resolutory)
condition
d) The right is registrable
7. The very same property must go through the
process of transmissions, described above, in
order for the reserva to arise
a) While the property is still with the
Prepositus, there is as yet no reserva. He
has all the rights of ownership over it
and may exercise such rights in order to
prevent a reserve from arising, by:
i. Substituting or alienating the
property;
ii. Bequeathing or devising it either
to the potential reservista or to
 third persons (subject to the
constraints of the legitime); or
iii. Partitioning in such a way as to
assign the property to parties
other than the potential reservista
(again subject to the constraints of
the legitime)
b) If the Prepositus substitutes the
property by selling, bartering, or
exchanging it, the substitute CANNOT be
reserved
c) Quaerendum: Would there be a reserva
if the Prepositus sold the property under
pacto de retro and then redeemed it?
No, because it is no longer the property
he received from the mediate source
8. Rights and obligations: The rights of the
reservatarios (and the corresponding obligations
of the reservista):
a) To inventory the reserved properties;
b) To annotate the reservable character (if
registered immovables) in the Registry of
Property within 90 days from acceptance
by the reservista;
c) To appraise the movables;
d) To secure by means of mortgage:
i. The indemnity for any deterioration
of or damage to the property
occasioned by the reservista’s fault
or negligence, and
ii. The payment of the value of such
reserved movables as may have
been alienated by the reservista
onerously or gratuitously.
9. Extinguishment:
a) Death of reservita
b) Death of reservatarios
c) Renunciation by all the reservatarios,
provided that no other reservatarios is
born subsequently
d) Total fortuitous loss of the reserved
property
e) Confusion or merger of rights, as when the
reservatarios acquire the reservista’s right
by a contract inter vivos
f) Prescription or adverse possession

10. How to detect a Reserva Troncal:
a) Is an ascendant inheriting from a
descendant? (particularly, if a minor or an
infant dies)
b) Is it by compulsory or by intestate
succession?
c) Did the descendant acquire it by
gratuitous title from another ascendant or
brother or sister?
Note: If the answer to all these questions is YES,
then you got a reserva troncal
N. DISINHERITANCE AND UNWORTHINESS (915-923)
1. DISINHERITANCE
a) Only in a will
b) Ground specified and must fall under the
enumeration
c) Ground proved, if denied
Article 915. A compulsory heir may, in consequence of disinheritance, be deprived
of his legitime, for causes expressly stated by law. (848a)
Article 916. Disinheritance can be effected only through a will wherein the legal
cause therefor shall be specified. (849)
Article 917. The burden of proving the truth of the cause for disinheritance shall
rest upon the other heirs of the testator, if the disinherited heir should deny it.
(850)
Article 918. Disinheritance without a specification of the cause, or for a cause the
truth of which, if contradicted, is not proved, or which is not one of those set forth
in this Code, shall annul the institution of heirs insofar as it may prejudice the
person disinherited; but the devises and legacies and other testamentary
dispositions shall be valid to such extent as will not impair the legitime. (851a)
Grounds: (919, 920, 921) (exclusive)
Article 919 discussed:
1) Final judgment required; attempt is generic
(includes frustrated and consummated)
2) Should be "more than 6 years" (prision mayor);
there must be acquittal or dismissal AND the
charge is groundless (not just reasonable doubt)
3) Final judgment required
4) No need for conviction; testamentary freedom is
undermined
5) No need for conviction; refusal must be
unjustified
6) No need for conviction; maltreatment must be
serious
7) "Lead" means element of habituality or
repetition
8) Reclusion perpetua and reclusion temporal
Article 920 discussed
1) No need for conviction; Abandonment may
include refusal to provide support; inducement
not confined to daughters but to any
descendants, male or female; attempt against
their virtue
6) "Culpable loss," not the fact of reaching the age
of majority. See Family Code
8) No need for conviction
Article 921 discussed
4) Giving ground is enough; if there is a decree of
legal separation, automatic – guilty spouse
disqualified
5) "Culpable loss"
Article 919. The following shall be sufficient causes for the disinheritance of
children and descendants, legitimate as well as illegitimate:
(1) When a child or descendant has been found guilty of an attempt against the
life of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the
law prescribes imprisonment for six years or more, if the accusation has been
found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage
with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue
influence causes the testator to make a will or to change one already made;
(5) A refusal without justifiable cause to support the parent or ascendant who
disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction.
(756, 853, 674a)
Article 920. The following shall be sufficient causes for the disinheritance of
parents or ascendants, whether legitimate or illegitimate:
(1) When the parents have abandoned their children or induced their daughters to
live a corrupt or immoral life, or attempted against their virtue;
(2) When the parent or ascendant has been convicted of an attempt against the
life of the testator, his or her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a crime for which
the law prescribes imprisonment for six years or more, if the accusation has
been found to be false;
(4) When the parent or ascendant has been convicted of adultery or concubinage
with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence, intimidation, or undue
influence causes the testator to make a will or to change one already made;
(6) The loss of parental authority for causes specified in this Code;
(7) The refusal to support the children or descendants without justifiable cause;
(8) An attempt by one of the parents against the life of the other, unless there
has been a reconciliation between them. (756, 854, 674a)
Article 921. The following shall be sufficient causes for disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against the life of the
testator, his or her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law
prescribes imprisonment of six years or more, and the accusation has been
found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause the
testator to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse. (756, 855,
674a)
Note:
a) Disqualification is TOTAL: by legitime, by
intestacy, by will
b) Revocation: By a reconciliation (includes
any act or conduct that indicates
resumption of the old relationship).
Effect: To restore heir's capacity to
inherit by compulsory, intestate or
testate succession
Article 922. A subsequent reconciliation between the offender and the offended
person deprives the latter of the right to disinherit, and renders ineffectual any
disinheritance that may have been made. (856)
Article 923. The children and descendants of the person disinherited shall take
his or her place and shall preserve the rights of compulsory heirs with respect to
the legitime; but the disinherited parent shall not have the usufruct or
administration of the property which constitutes the legitime. (857)
2. UNWORTHINESS (legal disinheritance)
Grounds: (1032)
Article 1032. The following are incapable of succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced their daughters to lead
a corrupt or immoral life, or attempted against their virtue;
(2) Any person who has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found
groundless;
(4) Any heir of full age who, having knowledge of the violent death of the testator,
should fail to report it to an officer of the law within a month, unless the
authorities have already taken action; this prohibition shall not apply to cases
wherein, according to law, there is no obligation to make an accusation;
(5) Any person convicted of adultery or concubinage with the spouse of the
testator;
(6) Any person who by fraud, violence, intimidation, or undue influence should
cause the testator to make a will or to change one already made;
(7) Any person who by the same means prevents another from making a will, or
from revoking one already made, or who supplants, conceals, or alters the
latter's will;
(8) Any person who falsifies or forges a supposed will of the decedent. (756, 673,
674a)
Note:
a) Same effect as disinheritance
b) Revocation: Written pardon in a will
(instituting him) or in any writing (1033).
Reconciliation is not enough.
Article 1033. The cause of unworthiness shall be without effect if the testator had
knowledge thereof at the time he made the will, or if, having known of them
subsequently, he should condone them in writing. (757a)
Article 1034. In order to judge the capacity of the heir, devisee or legatee, his
qualification at the time of the death of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary to wait
until final judgment is rendered, and in the case falling under No. 4, the
expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of the
compliance with the condition shall also be considered. (758a)
3. Disinheritance: express will of the testator
Unworthiness: implied will of the testator
Note: If there is a common ground present, rules
on disinheritance will prevail. If the offended
party did not disinherit the offender, you cannot
 apply the rules on unworthiness (Reconciliation Illustration:
of the rules on 922 and 1033)
A B dies: If C renounces, C cannot be represented by D.
O. REPRESENTATION (970-977) "Successional subrogation" | Note: A renouncer cannot be represented.
+B
Article 970. Representation is a right created by fiction of law, by virtue of which | Later, A also dies: Although C renounced his share from B,
the representative is raised to the place and the degree of the person C C can represent B to the estate of A.
represented, and acquires the rights which the latter would have if he were living | Note: A renouncer can represent
or if he could have inherited. (942a)
D

Criticism: Not by fiction of law, but by provision of law! 4. Adopted child can neither represent nor be
1. Application: Only in compulsory and intestate represented
succession.
NEVER IN TESTAMENTARY SUCCESSION 5. Mode of succeeding: Per stirpes (982)
- The representative(s) receive only what the
2. Compulsory: Only in the direct descending line. person represented would have received
NEVER IN THE ASCENDING LINE - If there are more than one representative in
the same degree, then divide the portion equally,
Intestate: Also in the direct descending, and, in without prejudice to the distinction between
one instance, collateral line, i.e., nephews and legitimate and illegitimate children, when
nieces representing brothers and sisters of the applicable.
deceased (975)
X
Article 975. When children of one or more brothers or sisters of the deceased
survive, they shall inherit from the latter by representation, if they survive with
their uncles or aunts. But if they alone survive, they shall inherit in equal
+A +B +C
portions. (927)
A1 A2 B1 B2 B3 C1 C2 C3
3. In the ff. cases only: Disinheritance, Incapacity or
unworthiness, and Predecease (DIP) Note: If one or all predeceases, the grandchildren will still inherit
NEVER IN RENUNCIATION per stirpes. Thus, A1 and A2 will divided between them A's
shares, etc.
Note: Although a renouncer cannot be
Article 982. The grandchildren and other descendants shall inherit by right of
represented, he can represent the person whose
representation, and if any one of them should have died, leaving several heirs,
inheritance he has renounced. Reason: “The
the portion pertaining to him shall be divided among the latter in equal portions.
representative does not succeed the person (933)
represented by the one whom the person
represented would have succeeded.”
 X 6. Capacity

rA rB rC X a) The representative (Z) must be qualified to

| succeed the decedent (X)
A1 A2 A3 B1 B2 B3 C1 C2 C3 Y b) The representative need not be qualified to
| succeed the person represented (Y)
Note: If all renounced, the grandchildren will inherit per capita, Z c) The person represented need not be qualified
in their own right. No representation in renunciation to succeed the decedent—in fact, the reason
why representation is taking place is that the
+A A1 person represented is not qualified, because of
A2 disinheritance, or incapacity, or predecease
X +B B1
B2 Note:
+C C1
C2 X

Note: If all siblings predeceased, all nephews and nieces will A B C

inherit per capita, in their own right (975)
A1 A2 B1 B2 B3 C1 C2 C3
Article 975. When children of one or more brothers or sisters of the deceased
survive, they shall inherit from the latter by representation, if they survive with HOW TO COMPUTE:
their uncles or aunts. But if they alone survive, they shall inherit in equal If per stirpes:
portions. (927)
- A1 and A2 will divide between them the share of A (or A/2)
- B1, B2 and B3 will divide among them the share of B (or B/3)
 - C1, C2 and C3 will divide among them the share of C (or C/3)
Note the difference between the first and the third illustrations
above. Reason for the difference: Because the law says so.
If per capita:
- A1, A2, B1, B2, B3, C1, C2, and C3 will divide among them the
M N Bar Question: X dies and A renounces. Who is estate of X (or X/8)
entitled to X's estate?
+X
| (Generally, B will be barred to represent because
rA the renouncer cannot be represented. BUT WAIT!)
|
B Answer: B will inherit not by representation but in
| his own right. He is the nearest descendant. Thus, B
C will exclude M and N

TESTAMENTARY
A. Rule: It covers only the FREE PORTION. It can never
impair the legitime
B. Two kinds of wills and requirements
1. Kinds:
a) Attested/Ordinary/Notarial, and
- executed with the intervention of a
notary public and at least three competent
witnesses
b) Holographic
- entirely written, dated and signed by the
testator himself
Note: Oral or nuncupative will not allowed
2. Common requirements:
a) It must be in writing and executed in a
language or dialect known to the testator
b) Testator must have testamentary capacity
– all natural persons except:
i. Below 18 years old (797)
ii. Unsound mind (798)
Note:
a. "Sound" mind (799) – Ability to
know three things:
i. Nature of estate to be
disposed of (WHICH)
ii. Proper object of one’s
bounty (WHO)
iii. Character of testamentary
act (WHAT)
b. Disputable presumption of sound-
ness of mind (800) except in the ff:
i. When the testator, one
month or less, before the
execution of the will was
publicly known to be
insane (800)
ii. CASE: When the testator
executed the will after
being placed under
guardianship or ordered
committed, in either case,
for insanity, and before
said order has been lifted.
(Rule 93, 101 RoC)
Article 797. Persons of either sex under eighteen years of age cannot make a
will. (n)
Article 798. In order to make a will it is essential that the testator be of sound
mind at the time of its execution. (n)
Article 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. (n)
Article 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. (n)
Art. 805. Every will, other than a holographic will, must be subscribed at the end 3. CASE:
thereof by the testator himself or by the testator's name written by some other a) Language of the will: (mandatory)
person in his presence, and by his express direction, and attested and subscribed i. Otherwise, the will is void
by three or more credible witnesses in the presence of the testator and of one
ii. However, such fact need not be
another.
stated in the attestation clause
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 b) Signature:
numbered correlatively in letters placed on the upper part of each page. i. Thumb mark:
The attestation shall state the number of pages used upon which the will is a. Of the testator – VALID
written, and the fact that the testator signed the will and every page thereof, or b. Of the witness – unresolved
caused some other person to write his name, under his express direction, in the question
presence of the instrumental witnesses, and that the latter witnessed and ii. Cross: Generally, VOID except if
signed the will and all the pages thereof in the presence of the testator and of customary, habitual and usual
one another.
manner of signature of the
If the attestation clause is in a language not known to the witnesses, it shall be
testator (obiter)
interpreted to them. (n)

Art. 806. Every will must be acknowledged before a notary public by the testator c) Presence of the witnesses:
and the witnesses. The notary public shall not be required to retain a copy of the i. For attested wills
will, or file another with the Office of the Clerk of Court. (n) a. Testator must sign in the
presence of the witnesses
Art. 810. A person may execute a holographic will which must be entirely OR by an agent of the
written, dated, and signed by the hand of the testator himself. It is subject to no testator on his behalf, in his
other form, and may be made in or out of the Philippines, and need not be presence, and under his
witnessed. (678, 688a)
express direction, and in the
presence of the witnesses
Art. 820. Any person of sound mind and of the age of eighteen years or more,
and not bind, deaf or dumb, and able to read and write, may be a witness to the
b. Witnesses must sign the will
execution of a will mentioned in Article 805 of this Code. (n) and every page thereof
except the last, in the
Art. 821. The following are disqualified from being witnesses to a will: presence of the testator
(1) Any person not domiciled in the Philippines; and, in their presence
(2) Those who have been convicted of falsification of a document, perjury or false
testimony. (n) Note: Actual seeing is not required, but
the ability to see each other (i.e., the
testator and the witnesses) “by merely
casting their eyes in the proper
direction.”
d) Agent of the testator: h) Notary public as a witness:
i. In his presence and under his i. If one of the witnesses is a notary
express direction public, he is no longer considered
ii. Must sign in the proper places a witness
iii. What agent must write: In his own ii. It is a fatal defect if there are only
hand, the name of the testator 3 witnesses, including the notary
(mandatory), not his name public
iv. May the agent be one of the
attesting witnesses? If there are i) Extraordinary requirements for
more than three witnesses— handicapped testators: (807, 808)
Certainly. If there are only three— i. Mandatory
uncertain ii. However, the requirement in 808
has been liberally applied.
e) Attestation clause: Substantial compliance is
i. The signatures of the witnesses sufficient
must be AT THE BOTTOM of the
attestation clause Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the
ii. The attestation clause is the affair will, if able to do so; otherwise, he shall designate two persons to read it and
of the witnesses, therefore, it communicate to him, in some practicable manner, the contents thereof. (n)

need not be signed by the testator

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
f) Date: will is acknowledged. (n)
i. No requirement in 805, but there
is in 810. Why? Because there is a
j) Proper application of "Substantial
certification of acknowledgment
Compliance": (809)
which is dated
i. If defect in attestation clause is
ii. Discrepancy in the date of attested
something that can be supplied by
will and acknowledgment date
simply looking at the will – treat
DOES NOT invalidate the will: Will
defect liberally
need not be dated as long as
acknowledgment is dated except if
Illustration: Failure of the
will is holographic, it MUST be
attestation clause to state that the
dated.
testator signed at the end of the
will
g) Notarization: If done outside of notary
public's commission – VOID. Commission is
ii. If it cannot be supplied by simply
local, not national
looking at the will – strict
interpretation
 Illustration: Failure of attestation k) Holographic will
clause to state that the witnesses i. Must be completely written, dated
signed in the presence of the and signed by the hand of the
testator, and in their presence. testator himself
ii. Other handwritings in the will
Note: The number of pages is a a. With testator's knowledge –
fatal flaw as it cannot be supplied VOID
by simply looking at the will b. Without testator's know-ledge
– UNAUTHORIZED. Hence, will
In Lopez v. Lopez, November 12, merely be disregarded
2012: Attestation clause did not iii. Date: Will may be dated anywhere
state the number of pages, but it
was stated in the certification of Note: "Feb./61" is substantial
acknowledgment (although compliance.
different from the actual number
of pages of the will) – DEFECTIVE Supposing there are two wills
which are incompatible with each
What if there is a video-recording? other: One dated with Feb./61 and
Not sufficient because it is not the other, Feb. 20, 1961. The latter
within the four corners of the will will be upheld

 iv. Signature:

Quaerendum: Attestation clause a. "By the hand of the testator
did not state the number of pages, himself." Hence, thumb mark
but the it is stated in the as signature is not enough
certification of acknowledgment, b. Signing at the "End" (812, 813)
which tallied with the number of 1) Physical – where the
pages in the will? writing stops
2) Logical – where the last
Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper testamentary disposition
pressure and influence, defects and imperfections in the form of attestation or ends
in the language used therein shall not render the will invalid if it is proved that
the will was in fact executed and attested in substantial compliance with all the
Art. 812. In holographic wills, the dispositions of the testator written below his
requirements of Article 805. (n)
signature must be dated and signed by him in order to make them valid as
testamentary dispositions. (n)
Art. 813. When a number of dispositions appearing in a holographic will are signed
without being dated, and the last disposition has a signature and a date, such
date validates the dispositions preceding it, whatever be the time of prior
dispositions. (n)
 4. PROBATE: (mandatory)
a) Probate - a judicial proceeding where the
will is “tested” for its compliance with the
formal validity of wills
Two aspects of validity:
i. Formal (extrinsic) validity
ii. Substantive (intrinsic) validity
Rule: It is the first part of 2 stages in a
settlement proceeding:
a. Probate of will—extrinsic validity
b. Settlement proper—intrinsic validity
Specifically, Gallanosa enumerates what
are covered by or included in the term
“formal validity” and therefore are
conclusively settled by a final decree of
probate:
1) That the testator was of sound and
disposing mind;
2) That his consent was not vitiated;
3) That the will was signed by him in
the presence of the required
number of witnesses; and
4) That the will is genuine.
Correlate with (839):
Art. 839. The will shall be disallowed in any of the following cases:
(1) If the formalities required by law have not been complied with;
(2) If the testator was insane, or otherwise mentally incapable of making a will,
at the time of its execution;
(3) If it was executed through force or under duress, 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. (n)
Exception to the rule: A decree of probate,
therefore, does not concern itself with the
question of intrinsic validity and the probate
court should not pass upon that issue. This
general rule, however, “is not inflexible and
absolute. The probate of a will might become an
idle ceremony if on its face it appears to be
intrinsically void. Where practical considerations
demand that the intrinsic validity of the will be
passed upon, even before it is probated, the
court should meet the issue.” (Nepomuceno v
CA). Or, as stated in another case, “save in an
extreme case where the will on its face is
intrinsically void, it is the probate court’s duty to
pass first upon the formal validity of the will.”
(Balanay v. Martinez, 64 SCRA 452)
b) Once a decree of probate becomes final in
accordance with the rules of procedure, it
is res judicata: It is conclusive as to the due
execution of the will; i.e., as to the will’s
extrinsic or formal validity only.
c) Rules of probate of holographic will (811)
– silent
i. The document itself must be
produced. Therefore, a lost
holographic will cannot be
probated. Unlike in an attested
will, there are witnesses to
attest as to the due execution of
the will, its contents and the fact
of its unauthorized destruction
ii. However, a photostatic copy or
Xerox copy of the holographic
will may be allowed because
comparison can be made with
the standard writings of the
testator
Art. 811. In the probate of a holographic will, it shall be necessary that at least X
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 A 1/2 B 1/3 C 1/6
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 court deem it necessary, expert testimony may be resorted to. (619a)
Note: If A renounces, is incapacitated or
predeceases, his share will accrue IN THEIR
RESPECTIVE FRACTION. Thus, B and C will get,
d) If the will itself is not contested, only 1
2/3 and 1/3 (or 2:1) of A's share, respectively.
witness is required. If it is contested, 3
witnesses are required (811)
HOW TO COMPUTE: To get their respective
fraction or proportion, get first the LCD. To get
e) What do you mean by a contested
the LCD in the problem above:
holographic will?

CONTESTED OPPOSED
List the multiples of 3 and 6 –
Refers to a will, the authenticity of Refers to probate of wills For 3 – 3, 6, 9, 12...
which is challenged For 6 – 6, 12, 18...
If the ground is FORGERY (not written If the ground is— Then find the smallest number that is the same,
by the testator or genuineness of his 1. Fraud which is 6
signature is in issue) 2. Duress

Now, divide the LCD by the denominator of B

f) In one case, the three-witness provision
and C's share. Thus, for B, 6 divided by 3 is 2;
in case of contested holographic wills is
while for C, 6 divided by 6 is 1. Hence, 2:1 will be
directory, not mandatory. However, in
their respective proportions
another case, it is mandatory
2. Application: Only in testamentary and intestate
Note: For bar purposes, in case of
succession
contested holographic wills, the
NEVER IN COMPULSORY SUCCESSION (1021, par.
requirement of 3 witnesses is mandatory
2) Reason: Co-heirs acquire the share left by
another co-heir
C. ACCRETION (1015-1023)
1. Requisites:
In intestacy, accretion occurs
a) Two or more persons are called to the
a) In repudiation or renunciation
same inheritance, or to the same portion
b) In predecease, only if representation
thereof, pro indiviso (aliquot, fractionally,
does not take place
thus, need not be equal)
c) In incapacity or unworthiness, only if
b) (RIP) Renunciation, Incapacity or Pre-
representation does not take place
decease, of one or more BUT LESS THAN
ALL of the instituted heirs
 Note that: Article 1022. In testamentary succession, when the right of accretion does not
i. The last two cases are not take place, the vacant portion of the instituted heirs, if no substitute has been
mentioned by Article 1018 designated, shall pass to the legal heirs of the testator, who shall receive it with
the same charges and obligations. (986)
ii. In intestacy, accretion is subordinate
to representation
Article 1023. Accretion shall also take place among devisees, legatees and
usufructuaries under the same conditions established for heirs. (987a)
Article 1015. Accretion is a right by virtue of which, when two or more persons
are called to the same inheritance, devise or legacy, the part assigned to the one
who renounces or cannot receive his share, or who died before the testator, is
D. SUBSTITUTION (857)
added or incorporated to that of his co-heirs, co-devisees, or co-legatees. (n)
Art. 857. Substitution is the appointment of another heir so that he may enter
Article 1016. In order that the right of accretion may take place in a into the inheritance in default of the heir originally instituted. (n)
testamentary succession, it shall be necessary:
(1) That two or more persons be called to the same inheritance, or to the same Art. 863. A fideicommissary substitution by virtue of which the fiduciary or first
portion thereof, pro indiviso; and heir instituted is entrusted with the obligation to preserve and to transmit to a
(2) That one of the persons thus called die before the testator, or renounce the second heir the whole or part of the inheritance, shall be valid and shall take
inheritance, or be incapacitated to receive it. (928a) effect, provided such substitution does not go beyond one degree from the heir
originally instituted, and provided further, that the fiduciary or first heir and the
Article 1017. The words "one-half for each" or "in equal shares" or any others second heir are living at the time of the death of the testator. (781a)
which, though designating an aliquot part, do not identify it by such description as
shall make each heir the exclusive owner of determinate property, shall not 1. Application: Only in testamentary succession
exclude the right of accretion. 2. Kinds:
In case of money or fungible goods, if the share of each heir is not earmarked, a) In simple substitutions (857), the testator
there shall be a right of accretion. (983a)
simply makes a second choice, in case the
first choice does not inherit due to the ff:
Article 1018. In legal succession the share of the person who repudiates the
i. Renunciation
inheritance shall always accrue to his co-heirs. (981)
ii. Incapacity
Article 1019. The heirs to whom the portion goes by the right of accretion take it iii. Predecease (RIP)
in the same proportion that they inherit. (n)
Note: The testator may limit the operation
Article 1020. The heirs to whom the inheritance accrues shall succeed to all the of simple substitution by specifying only
rights and obligations which the heir who renounced or could not receive it would one or two of the three causes. If the
have had. (984) testator did not mention the causes, it will
operate in all causes.
Article 1021. Among the compulsory heirs the right of accretion shall take place
only when the free portion is left to two or more of them, or to any one of them
and to a stranger.
b) In fideicommissary substitutions (863),
Should the part repudiated be the legitime, the other co-heirs shall succeed to it
the testator imposes what is essentially a
in their own right, and not by the right of accretion. (985) restriction or burden on the first heir,
coupled with a selection of a subsequent
recipient of the property
Elements:
1) A first heir (fiduciary) who takes
the property upon the testator’s
death;
2) A second heir (fideicommissary)
who takes the property
subsequently from the fiduciary;
3) The second heir must be one
degree from the first heir;
4) The dual obligation imposed upon
the fiduciary to preserve the
property and to transmit it after
the lapse of the period to the
fideicommissary heir;
5) Both heirs must be living and
qualified to succeed at the time of
the testator’s death
Re: Element No. 1
- Right of first heir is that of a usufructuary
Re: Element No. 2
- The tenure of the first heir will be the
period specified by the testator. If not
specified, then the fiduciary’s lifetime
Re: Element No. 3
- "One degree" means relationship not
transfer. Hence, second heir is either the
parent or the child of the first heir
(includes adopter and adoptee)
Re: Element No. 4
- "Essence" of fideicommissary subs-
titution. If no such obligation, it is some
other disposition, but not fideicomisaria
Re: Element No. 5
- Note that this two-fold requirement is to
be met only upon the testator’s death, and
this applies not only to the fiduciary but to
the second heir as well. Thus, the second
heir need not survive the first heir; if the
second heir dies before the first heir, the
second heir’s own heirs merely take his
place
c) Modalities of simple and fideicommissary
substitution:
i. Brief (2 or more, for 1) or
compendious (1, for 2 more)
ii. Reciprocal
E. CONDITIONS, TERMS AND MODES
Application: Only in testamentary succession. They
cannot be imposed upon the legitimes.
1. CONDITIONS – future and uncertain event upon
which a juridical event is made to depend (874,
875, 876, 877, 883 (par.2), 879, 880, 881, 884)
a) Impossible conditions (873) – The
impossible or illegal condition is simply
considered not written. The testamentary
disposition itself is not annulled; on the
contrary, it becomes pure.
i. In fact (physically)
ii. In law (legally)
Correlate with: (727, 1183)
a. Same as donations: They are both
gratuitous and spring from the
grantor’s liberality. The imposition
of a condition does not displace
liberality as the basis of the grant
b. Different from obligations: In
obligations which are onerous, the
condition that is imposed becomes
 an integral part of the causa of the
obligation. The elimination of that
condition for being impossible or
illegal results in a failure of cause
Art. 873. Impossible conditions and those contrary to law or good customs shall be
considered as not imposed and shall in no manner prejudice the heir, even if the
testator should otherwise provide. (792a)
Art. 727. Illegal or impossible conditions in simple and remuneratory
donations shall be considered as not imposed. (n)
Art. 1183. Impossible conditions, those contrary to good customs or
public policy and those prohibited by law shall annul the obligation which
depends upon them. If the obligation is divisible, that part thereof
which is not affected by the impossible or unlawful condition shall be
valid. xxx
b) Conditions prohibiting marriage (874):
i. If a first marriage is prohibited—
condition considered always not
imposed.
Why? "Marriage is a mistake you are
entitled to commit, at least once in
your life."
ii. If a subsequent marriage is
prohibited:
a. If imposed by the
deceased spouse or by
his/her ascendants or
descendants – valid
b. If imposed by anyone else
– considered not written
iii. Not in the provision:
a. To contract marriage –
VALID
b. Relative condition not to
marry (e.g., not to marry a
lawyer) – VALID
Art. 874. An absolute condition not to contract a first or subsequent marriage
shall be considered as not written unless such condition has been imposed on the
widow or widower by the deceased spouse, or by the latter's ascendants or
descendants.
Nevertheless, the right of usufruct, or an allowance or some personal prestation
may be devised or bequeathed to any person for the time during which he or she
should remain unmarried or in widowhood. (793a)
c) Effect of death of heir before condition
happens: Disposition is ineffective because
the heir must be alive and qualified both
at the time of death and the happening of
the condition (1034)
d) Disposition captatoria: against public
policy, hence, void (875)
What is declared void? Note that it is not
merely the condition that is declared void
but the testamentary disposition itself
which contains the condition
Art. 875. Any disposition made upon the condition that the heir shall make some
provision in his will in favor of the testator or of any other person shall be
void. (794a)
e) Potestative, Casual and Mixed
conditions: (not discussed during the bar
review)
i. Potestative condition—one that
depends solely on the will of the
heir/devisee/legatee
ii. Casual condition—one that
depends on the will of a third
person or on chance
 iii. Mixed condition—one that
depends partly on the will of the
heir/devisee/legatee and partly
wither on the will of a third person
or chance
RULES:
i. Potestative (876)
a. POSITIVE
GR: Must be fulfilled as soon as the
heir earns of the testator’s death
XPN: The condition was already
complied with at the time the heir
learns of the testator’s death, and
The condition is of such a nature
that it cannot be fulfilled again
Constructive compliance (883, par.2)
– condition deemed fulfilled
b. NEGATIVE (879)—heir must give
security to guarantee (caución
Muciana) the return of the value of
the property, fruits, and interests, in
case of contravention. (This is the
first of three instances where a
caución Muciana is required. The
other two: Art. 885, par. 2 and Art.
882)
ii. Casual or mixed (Article 877)
a. GR: May be fulfilled at any time
(before or after the testator’s
death), unless testator provides
otherwise
b. Qualifications: If already fulfilled at
the time of execution of will:
i. If testator unaware of fact of
fulfillment – deemed fulfilled
ii. If testator aware thereof –
1. If no longer be fulfilled
again: deemed fulfilled
2. If it can be fulfilled
again: must be fulfilled
again
c. Constructive compliance: (883,
par.2)
i. If causal—not applicable
ii. If mixed—
1. If dependent partly on
chance—not applicable
2. If dependent on the will
of a third party:
a. If third party is an
interested party:
applicable
b. If third party is not
an interested
party: not
applicable
Art. 876. Any purely potestative condition imposed upon an heir must be fulfilled
by him as soon as he learns of the testator's death.
This rule shall not apply when the condition, already complied with, cannot be
fulfilled again. (795a)
Art. 877. If the condition is casual or mixed, it shall be sufficient if it happens or
be fulfilled at any time before or after the death of the testator, unless he has
provided otherwise.
Should it have existed or should it have been fulfilled at the time the will was
executed and the testator was unaware thereof, it shall be deemed as complied
with.
If he had knowledge thereof, the condition shall be considered fulfilled only when
it is of such a nature that it can no longer exist or be complied with again. (796)
Art. 883, par. 2. If the person interested in the condition should prevent its
fulfillment, without the fault of the heir, the condition shall be deemed to have
been complied with.
Art. 879. If the potestative condition imposed upon the heir is negative, or own heirs who can demand the
consists in not doing or not giving something, he shall comply by giving a security property when the term arrives
that he will not do or give that which has been prohibited by the testator, and ii. This rule is similar to 866, in
that in case of contravention he will return whatever he may have received,
fideicommissary substitutions
together with its fruits and interests. (800a)
b) Rule in conditional institutions – this
section is silent. Refer to 1034, par. 3 – the
f) Suspensive condition: Property is to be heir should be living and qualified to
placed under administration between succeed both at the time of the testator’s
the time of the testator’s death and the death and at the time of the happening of
time of the condition
i. The fulfillment of the suspensive c) Rules: (885) (Not placed under
condition—property will be turned administration, unlike in conditions)
over to the instituted heir; or i. If the term ex die (suspensive)–
ii. The certainty of its non- before the arrival of the term,
occurrence—property will be the property should be delivered
turned over to a secondary heir (if to the intestate heirs. A caución
there is one) or to the intestate Muciana has to be posted by
heirs, as the case may be (880) them. (This is the second
instance where a caución
Art. 880. If the heir be instituted under a suspensive condition or term, the
Muciana has to be posted)
estate shall be placed under administration until the condition is fulfilled, or until
it becomes certain that it cannot be fulfilled, or until the arrival of the term.
ii. If term in die (resolutory) –
The same shall be done if the heir does not give the security required in the before the arrival of the term,
preceding article. (801a) the property should be delivered
to the instituted heir. No
Art. 881. The appointment of the administrator of the estate mentioned in the caución Muciana is required
preceding article, as well as the manner of the administration and the rights
and obligations of the administrator shall be governed by the Rules of Art. 878. A disposition with a suspensive term does not prevent the instituted
Court. (804a) heir from acquiring his rights and transmitting them to his heirs even before the
arrival of the term. (799a)
2. TERMS – future and certain event which
determines the demandability of an obligation Art. 885. The designation of the day or time when the effects of the institution of

(878, 885): an heir shall commence or cease shall be valid.

In both cases, the legal heir shall be considered as called to the succession until
a) When heir’s right vests – upon the
the arrival of the period or [from] its expiration. But in the first case he shall not
testator’s death, conformably with Article
enter into possession of the property until after having given sufficient security,
777. with the intervention of the instituted heir. (805)
i. Should the heir die before the
arrival of the (suspensive term), he
merely transmits his right to his
 3. MODES – an obligation imposed by the testator impair his legitime. Only a testamentary heir can
upon the heir, without suspending—as a be so burdened
condition does—the effectivity of the institution.
(882, 883, par.1) Hence, the heir inherits Extent of liability—the value of the benefit
immediately received from the testator.
a) A mode must be clearly imposed as an
obligation in order to be considered as 4. Legacy/Devise of a thing owned in part by the
one. Mere preferences or wishes testator (929):
expressed by the testator are not modes GR: conveys only the interest or part owned by
b) A mode functions similarly to a resolutory the testator
condition. In fact, modes could very well
have been absorbed in the concept of XPN: if the testator provides otherwise
resolutory conditions a) He may convey more than he owns:
c) Caución Muciana—should be posted by i. the estate should try to acquire
the instituted heir (the third instance of the part or interest owned by
caución Muciana) other parties
ii. If the latter unwilling, the estate
Art. 883, par. 1. When without the fault of the heir, an institution referred to in should give the monetary
the preceding article cannot take effect in the exact manner stated by the equivalent (931, by analogy)
testator, it shall be complied with in a manner most analogous to and in
conformity with his wishes.
Note: The validity of the dis-
position as to the part or interest
F. LEGACIES AND DEVICES (929-959) not owned will be determined by
1. Application: Only in testamentary succession Article 930 and 931
2. Source: From the FREE PORTION ONLY
3. Generally, it is the estate that is charged with b) He may convey less than he owns (794)
the legacy or device. However, the testator may
impose the burden on a testamentary heir or a 5. Legacy/Devise of a thing belonging to another
legatee or devisee (930, 931):
a) If the testator erroneously believed that
Note: The heir, legatee, or devisee charged will, the thing belonged to him – disposition
if he accepts the disposition in his favor, be VOID except if subsequently acquired by
bound to deliver the legacy or devise to the testator onerously or gratuitously –
person specified. (Nature: As to the latter, a disposition VALIDATED
subsidiary legacy or devise; while as to the b) If the testator ordered the acquisition of
former, a mode) the thing – such should be COMPLIED
WITH. If the owner unwilling, the
A compulsory heir as such cannot be burdened monetary equivalent should be given
with a legacy or devise because that would
 c) If the testator knew that the thing did not
belong to him but did not order its
acquisition—Code is silent. Disposition
VALID because:
i. Order to acquire is implied
ii. Doubts should be resolved in favor
of testacy (788, 791)
6. Legacy/Devise of a thing already belonging to
the legatee/devisee or subsequently acquired
by him (932, 933):
a) In the former – disposition void. Not
validated by subsequent alienation unless
the acquirer is the testator himself
b) In the latter –
i. If the testator erroneously
believed that it belonged to him –
disposition void
ii. If the testator was not in error
a. If the thing was acquired
onerously – legatee/devisee
entitled to reimbursement
b. If the thing was acquired
gratuitously – nothing more
is due
c) If the thing was owned by the testator at
the time of the making of the will and
acquired thereafter from him by the
legatee/devisee – Code is silent.
Disposition deemed revoked (957, par.2)
7. Legacy/Devise to remove an encumbrance over
a thing belonging to the legatee/devisee (932,
par.2): VALID, if the encumbrance can be
removed for a consideration
8. Legacy/Devise of a thing pledged or mortgaged
(934): the encumbrance must be REMOVED by
paying the debt, unless the testator intended
otherwise

9. Legacy of credit or remission:
a) Definition of terms:
a. Legacy of credit: Legacy of
something that somebody owes
the testator
b. Legacy of remission: Legacy of a
credit that the testator holds
against the legatee himself
b) Extent: Applies only to amount still unpaid
at the time of testator’s death (935)
c) Revoked if testator subsequently sues the
debtor for collection (936) – mere fact of
filing (limited to judicial demand only)
d) Extent: If generic, applies only to those
existing at the time of the execution of the
will (937, 793) unless otherwise provided
10. 957 enumerates the instances when the
legacy/devise revoked by operation of law:
a) Transformation—e.g., the testator
converts a plantation into a fishpond
b) Alienation—onerous or gratuitous
i. The alienation revokes the
legacy/devise even if for any
reason the thing reverts to the
testator
ii. XPNS: (legacy/devise not revoked)
a. If the reversion is caused by the
annulment of the alienation and
the cause for annulment was
vitiation of consent on the
grantor’s part, either by reason
of incapacity or of duress
b. If the reversion is by virtue of
redemption in a sale with pacto
de retro
c) Total loss—if it takes place before the
testator’s death. Fortuitous loss after
 the testator’s death will simply be an or bequeathed, judicial demand of
instance of “res perit domino” and will a credit given as a legacy
be borne by the legatee/devisee.
b) By a subsequent will or codicil
Art. 957. The legacy or devise shall be without effect:
(1) If the testator transforms the thing bequeathed in such a manner that it Requisites for a valid revocation by a
does not retain either the form or the denomination it had; subsequent instrument:
(2) If the testator by any title or for any cause alienates the thing bequeathed or
1) The subsequent instrument must
any part thereof, it being understood that in the latter case the legacy or devise
comply with the formal
shall be without effect only with respect to the part thus alienated. If after the
alienation the thing should again belong to the testator, even if it be by reason of
requirements of a will;
nullity of the contract, the legacy or devise shall not thereafter be valid, unless 2) The testator must possess
the reacquisition shall have been effected by virtue of the exercise of the right of testamentary capacity;
repurchase; 3) The subsequent instrument must
(3) If the thing bequeathed is totally lost during the lifetime of the testator, or either contain an express revocatory
after his death without the heir's fault. Nevertheless, the person obliged to pay clause or be incompatible with the
the legacy or devise shall be liable for eviction if the thing bequeathed should not prior will [Article 831] (revocation by
have been determinate as to its kind, in accordance with the provisions of Article a subsequent instrument may be
928. (869a)
express or implied);
4) Like any other will, such wills must
G. REVOCATION (828-834) be probated in order to take effect.
(Molo v. Molo, 90 Phil. 37)
Art. 832. 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,
c) by physical destruction –
devisees or legatees designated therein, or by their renunciation.(740a)
i. The law gives four ways of
destroying: (1) burning, (2)
Note: A will is essentially revocable or ambulatory. This
tearing, (3) cancelling, (4)
characteristic cannot be waived even by the testator. A
obliterating. These should cover
will is revocable at the testator's pleasure during his
the gamut of destruction
lifetime. (NO SUCH THING AS IRREVOCABLE WILL)
ii. The physical destruction may be
done by the testator personally or
1. Ways of revoking:
by another person acting in his
a) By implication or operation of law –
presence and by his express
i. Independent of the will of the
direction.
testator
iii. Elements: (must concur)
ii. May be total or partial
a. Corpus – the "physical
iii. Examples: preterition, legal se-
destruction" itself;
paration, unworthiness to
b. Animus – "intent"
succeed, transformation, alien-
1) Capacity and intent to
ation, or loss of the object devised
revoke;
 2) The testator must have physical destruction of the will did not revoke it, on the
completed everything inference, drawn by the Court, that the testator meant
he intended to do the revocation to depend on the validity of a new one.
(Molo v. Molo; see also Diaz v. De Leon, 43 Phil. 413)
Note: If revocation is implied, the rule laid down in this article
a) The efficacy of the revocatory clause does not depend will apply; i.e., by incompatibility of provisions, not by
on the testamentary dispositions of the revoking will, revocatory clause. The intent of the testator to set aside
unless the testator so provides. Revocation is, generally the prior institutions is, in either case, clear.
speaking, an absolute provision, independent of the
acceptance or capacity of the new heirs.
b) XPN: Where the testator provides in the subsequent will
that the revocation of the prior one is dependent on the
capacity or acceptance of the heirs, devisees, or legatees
instituted instituted in the subsequent will. (Dependent
relative revocation)
c) Molo v. Molo, 90 Phil. 37 explains dependent relative
revocation
d) It is essential to remember that dependent relative
revocation applies only if it appears that the testator
intended his act of revocation to be conditioned on the
making of a new will or on its validity, or efficacy.
e) If the institution of heirs, legatees, or devisees in the
subsequent will is subject to a suspensive condition, the
revocation of the prior will is:
i. Absolute--if the subsequent will contains a
revocatory clause which is absolute or
unconditional. The happening or non-happening of
the suspensive condition will be immaterial.
ii. Conditional--if the testator states in the
subsequent will that the revocation of the prior
will is subject to the occurrence of the suspensive
condition, or if the will does not contain a
revocatory clause, the revocation will depend on
whether the condition happens or not (in which
case, the institution is deemed never to have been
made and the prior institution will be efficacious).
f) Is the rule of dependent relative revocation applicable if
the revocation of the will is by physical destruction?--In
Molo, the Supreme Court held, in an obiter, that the
INTESTACY C. Who are intestate heirs?
A. Application: in default of a will or a valid will (960) 1. Legitimate Children/Descendants
(not exclusive) 2. Illegitimate Children/Descendants
3. Legitimate Parents/Ascendants
Art. 960. Legal or intestate succession takes place: 4. Illegitimate Parents
(1) If a person dies without a will, or with a void will, or one which has 5. Surviving Spouse
subsequently lost its validity; 6. Brothers, Sisters, Nephews, Nieces
(2) When the will does not institute an heir to, or dispose of all the property 7. Other Collaterals—to the 5th degree
belonging to the testator. In such case, legal succession shall take place only with
8. State
respect to the property of which the testator has not disposed;
Note: The first 5 classes are also compulsory heirs
(3) If the suspensive condition attached to the institution of heir does not happen
or is not fulfilled, or if the heir dies before the testator, or repudiates the
D. Exclusion and concurrence also applies in intestate
inheritance, there being no substitution, and no right of accretion takes place; succession: The first 5 classes exclude 6, 7, and 8 except
(4) When the heir instituted is incapable of succeeding, except in cases provided that No. 5 does not exclude No. 6 (concurring)
in this Code. (912a) E. Combinations (979-1014)
1. LC alone (979)
B. Four basic rules 2. LC and IC (983, 176 FC)
1. Relationship (of decedent with): 3. LC and SS (996)
a) Ascendants and descendants (right of 4. LC, SS and IC (999, 176 FC)
family) 5. LP alone (985)
b) Collateral relatives up to the 5th degree 6. LA (other than parents) (987) (889, 890)
(right of blood) 7. LP and IC (991)
c) Spouse (right of marriage) 8. LP and SS (997)
d) State (right of sovereignty) 9. LP, SS and IC (1000)
2. Preference of lines 10. IC alone (988)
a) Descending 11. IC and SS (998) (894)
b) Ascending 12. SS alone (994, 995)
c) Collateral 13. SS and BS/NN
3. Proximity of degree (the nearer exclude the 14. SS and L BS/NN (1001)
more remote) except in representation 15. SS and I BS/NN (994)
4. Relatives in equal degrees will inherit in equal 16. IP alone (993)
shares except 17. IP and children of any kind (993)
a) Preference of lines 18. L BS alone (1004, 1006)
b) Distinction between legitimate and 19. L BS/NN (1005, 1008)
illegitimate 20. NN and UA (1009)
c) Rule of division by line 21. I BS alone
d) Distinction between full- and half-blood 22. I BS and NN
brothers and sisters (BS) (1006,1008), 23. NN alone (975, 1008)
nephews and nieces (NN) 24. Other collaterals (1009, 1010)
e) Representation 25. State (1011)
SUMMARY OF COMBINATIONS (INTESTATE SUCCESSION) 5.
Legitimate L: 1/2 IP: Give all of them the Total take home:
parents alone 1/2 free
1.
The whole estate,
Legitimate Legitime: 1/2 Intestate portion: 1/2 Total take home:
divided equally
children alone free portion divided,
FP: 1/2
equally The whole estate,
divided equally
Free: 1/2 goes 6.
to all Legitimate L: 1/2 IP: Give all of them the Total take home:
ascendants 1/2 free
(other than The whole estate,
2. Prof. Balane: ACHTUNG!!!
parents) alone divided equally,
Legitimate L: 1/2 IP: Apportion residue Total take home:
observing, in proper
children to both legitimate and
cases, the rule of
Illegitimate L: each gets 1/2 illegitimate children The whole estate, with
division by line
children share of 1 LC with the ratio 2:1 each IC getting 1/2 the
FP: 1/2
share of 1 LC
FP: any residue
left 7.
Legitimate L: 1/2 IP: None Total take home: 1/2
parents
3.
Illegitimate L: 1/4 IP: The free 1/4 Total take home: 1/2
Legitimate L: 1/2 IP: Give the residue to Total take home:
children
children all of them
The whole estate, FP: 1/4
Surviving spouse L: gets share of
1 LC *SS counted as 1 LC divided equally, SS
counted as 1 LC 8.
FP: any residue Legitimate L: 1/2 IP: None Total take home: 1/2
left parents
Surviving spouse L: 1/4 IP: The free 1/4 Total take home: 1/2
3a. FP: 1/4
One legitimate L: 1/2 IP: None Total take home: 1/2
child 9.
Surviving spouse L: 1/4 IP: The free 1/4 Total take home: 1/2 Legitimate L: 1/2 IP: None Total take home: 1/2
FP: 1/4 The whole estate was parents
given to them Illegitimate L: 1/4, divided IP: None Total take home: 1/4,
children equally divided equally
4. Prof. Balane: ACHTUNG!!! Surviving spouse L: 1/8 IP: The free 1/8 Total take home: 1/4
Legitimate L: 1/2 IP: Apportion residue Total take home: FP: 1/8
children to both legitimate and
Surviving spouse L: gets share of illegitimate children The whole estate, 10.
1 LC with the ratio 2:1 each IC getting 1/2 of Illegitimate L: 1/2 IP: The free 1/2 Total take home:
Illegitimate L: each gets 1/2 the share of 1 LC, and children alone
children share of 1 LC *SS counted as 1 LC SS counted as 1 LC The whole estate,
divided equally
FP: residue Thus the whole estate FP: 1/2
went to all of them

Note: Get the legitimes first of LC, SS and IC. If there is anything left in the
estate, divide it by 2:1 ratio and giving SS a share of 1 LC in the remaining
portion. If the estate is not sufficient, however, note that the share of IC is
subject to reduction.
11. 18.
Illegitimate L: 1/3 IP: Half of the free 1/3 Total take home: 1/2 Legitimate L: None IP: The whole free, Total take home:
children = 1/6 brothers &
Surviving spouse L: 1/3 IP: Half of the free 1/3 Total take home: 1/2 sisters alone If all full-blood or all The whole estate
= 1/6 half-blood—divided
FP: 1/3 equally

12. If mixed blood—2:1

ratio
Surviving spouse L: 1/2 ordinary; IP: The free 1/2 Total take home:
alone 1/3 mortis FP: Whole
causa The whole estate estate
FP: 1/2
19.
13. Legitimate L: None IP: The whole free, Total take home:
brothers &
Surviving spouse L: 1/4 IP: Half of the free 1/2 Total take home: 1/2
sisters If all full-blood or all The whole estate
= 1/4
half-blood—divided
Illegitimate L: 1/4 IP: Half of the free 1/2 Total take home: 1/2
equally
parents = 1/4
FP: 1/2
If mixed blood—2:1
ratio
14. Nephews & L: None IP: Inherit by
Surviving spouse L: 1/2 IP: None Total take home: 1/2 nieces representation only
Legitimate L: None IP: The free 1/2 Total take home: 1/2 FP: Whole
brothers & estate
sisters
Nephews & L: None IP: Inherit by 20.
nieces representation only
Nephews & L: None IP: The whole free, Total take home:
FP: 1/2 nieces
Will inherit in The whole estate
15. accordance with No.
Surviving spouse L: 1/2 IP: None Total take home: 1/2 23
Illegitimate L: None IP: The free 1/2 Total take home: 1/2 Uncles/Aunts L: None IP: Excluded (Bacayo v.
brothers & Borromeo, 145 SCRA
sisters 986 [1986]))
Nephews & L: None IP: Inherit by FP: Whole
nieces representation only estate
FP: 1/2
21.
16. Illegitimate L: None IP: The whole estate, Total take home:
Illegitimate L: 1/2 IP: The free 1/2 Total take home: brothers and
parents alone sisters alone If all full-blood or all The whole estate
The whole estate half-blood—divided
FP: 1/2 equally

17. If mixed blood—2:1

Illegitimate L: None/ IP: None Total take home: None ratio
parents Excluded FP: Whole
Children of any L: 1/2 Inherit in accordance with Nos. 1, 2 & 10 estate
kind
22. G. Various kinds of children (2-step process)
Illegitimate L: None IP: The whole free, Total take home:
brothers &
1. Segregate the legitimes of the children—both
sisters If all full-blood or all The whole estate legitimate and illegitimate
half-blood—divided 2. If any residue is left, apportion it in the
equally
proportion of 2:1
If mixed blood—2:1 H. SUCCESSIONAL BAR (iron curtain rule) (992)
ratio 1. Application: Legitime and intestacy
Nephews & L: None IP: Inherit by
nieces representation only
FP: Whole Art. 992. An illegitimate child has no right to inherit ab intestato from the
estate legitimate children and relatives of his father or mother; nor shall such children
or relatives inherit in the same manner from the illegitimate child.(943a)
23.
Nephews & L: None IP: The whole estate, Total take home:
nieces alone X
If all full-blood or all The whole estate
half-blood—per capita
(NOT by +A +B
representation)
A1 A2 B1 B2
If mixed blood—2:1
ratio (888) (992) (902) (902)
FP: Whole
estate
Note: If A and B predeceased, then X dies thereafter: A1 can
24. inherit but A2 is barred. In the case of B1 and B2, both can
Other collaterals L: None IP: The whole estate, Total take home: inherit.
per capita, The whole estate
CASE:
the nearer in degree 1) "Article 992 is based on the theory that the illegitimate
excluding the more
remote
child is disgracefully looked upon by the legitimate
FP: Whole family while the legitimate family is, in turn, hated by the
estate illegitimate child. xxx The law does not recognize the
blood tie and seeks to avoid further grounds of
25.
State L: None IP: The whole free Total take home: The
resentment. (Manresa)" (Corpus v. Administrator)
whole estate 2) "Between the legitimate family and the illegitimate
FP: Whole family, there is presumed to be an intervening
estate
antagonism and incompatibility." (Diaz v. IAC, 1987)
3) "ISSUE: Does the term “relatives” in Article 992 of the
F. Representation in intestacy
New Civil Code include the legitimate parents of the
1. Direct descending line
father or mother of the illegitimate child?
2. Collateral line (BS represented by NN)
a. "Articles 902, 989, and 990 clearly speak of
successional rights of illegitimate children, which
rights are transmitted to their descendants upon
 their death. The descendants (of these
illegitimate children) who may inherit by virtue
of the right of representation may be legitimate
or illegitimate.
b. "In whatever manner, one should not overlook
the fact that the persons to be represented are
themselves illegitimate. The three named
provisions are very clear on this matter. The
right of representation is not available to
illegitimate descendants of legitimate children in
the inheritance of a legitimate grandparent.
c. "The right to represent illegitimate children
however is subject to the limitation prescribed
by Article 992 to the end that an illegitimate
child has no right to inherit ab intestato from the
legitimate children and relatives of his father or
mother.
d. "While the New Civil Code may have granted
successional rights to illegitimate children, those
articles, however, in conjunction with Article
992, prohibit the right of representation from
being exercised where the person to be
represented is a legitimate child. Needless to
say, the determining factor is the legitimacy or
illegitimacy of the person to be represented."
(Diaz v. IAC, 1990)
K. Illegitimate brothers or sisters (Manuel v. Ferrer, 247
SCRA __)
X
A B
Note: [992 applicable]
a) If B dies, A cannot inherit from B
b) If A dies, B cannot inherit from A
X
A B C
Note: [992, not applicable in items b) and c)]
a) A cannot inherit from B or C
b) B can inherit from C but not from A
c) C can inherit from B but not from A
L. Nephews and nieces exclude uncles and aunts (UA) –
Combination No. 20
M. Full- and half-blood siblings
1. Testamentary succession – EQUAL (848)
2. Intestate succession – 2:1 (1006)

I. Concurrence of SS and 1 LC (996) – Combination No. 3a:

They will share equally. In effect: SS gets the entire
intestate portion

J. Concurrence of SS and brothers and sisters, nephews

and nieces (Armas v. Calisterio, 2000) – Combination
Nos. 14 and 15: SS gets 1/2 and the BS/NN gets the
entire intestate portion
 N. PARTIAL INTESTACY – when a testator died with a will X - Y
disposing only part of his estate
A B
A B
Note:
Estate: 12M X - Y Their respective legitimes are:

Note: A and B: 1/3

In total intestacy, their sharing will be: Y 1/3

A and B: 3M each In total intestacy:

Y: 6M
A and B: 1/2
If X left a will, giving UST 1/4 of his estate: Y: 1/2

A and B 1/2 or 6M Thus, they both share in the intestate portion. So if part
Y 1/4 or 3M of the intestate portion is disposed of by will, the
UST 1/4 or 3M remaining portion will be divided between them.

However, if the will gave to UST only 1/8:
A and B 1/2 or 6M
Y 1/4 or 3M
UST 1/8 or 1.5M
Note:
a) First, make sure the legitimes are not impaired
b) Then, give the remaining intestate portion to the
one entitled supposedly to get the whole
intestate portion, because she is the intended
beneficiary of the intestate portion. Hence, to Y
the SS.
c) Always trace where the free portion went by
comparing their legitimes with their shares in
intestacy
O. Capacity to succeed (1024-1028, 1032)
1. When capacity is to be determined:
a) GR: The time of the decedent’s death
(777) – when successional rights vest
b) If institution is subject to a suspensive
condition—
i. Time of decedent’s death, and
ii. Time of happening of condition
c) If final judgment is a requisite of
unworthiness (Pars. 2, 3, and 5 of 1032)—
time of final judgment.
2. Natural persons—requirement for capacity to
succeed
a) ABSOLUTE RULE—must be living when
succession opens (decedent's death, 777)
i. However, it is enough that he be
already conceived, provided it be
born later (40, 41 FC)
 Note: Representation is NOT AN EXCEPTION to
the absolute requirement: for representation
to occur, the representation must at least
already be conceived when the decedent dies,
because of the provisions of Articles 971 and
973
b) If institution subject to a suspensive
condition—successor must also be living
when condition happens (1034, par.3).
Thus, the successor must be living both
when the decedent dies and when the
condition happens
c) If institution subject to a suspensive
term—successor must be living at the time
the decedent dies
3. Juridical persons—requirement for capacity to
succeed: must already exist as a juridical person
when the decedent dies
a) Organizations or associations which do not
possess juridical personality cannot
succeed, because legally they would not
exist. The enumeration of juridical persons
is found in Article 44 of the Family Code
b) For institutions subject to suspensive
conditions or terms, the rules outlined in
the previous number apply
Note:
a) For private corporations – incorporated
at the time of decedent's death
b) For partnerships – perfection of contract
at the time of decedent's death
c) For public corporations – created at the
time of decedent's death
Article 1024. Persons not incapacitated by law may succeed by will or ab
intestato.
The provisions relating to incapacity by will are equally applicable to intestate
succession. (744, 914)
Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee
must be living at the moment the succession opens, except in case of
representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of
succeeding provided it be born later under the conditions prescribed in article 41.
(n)
Article 1026. A testamentary disposition may be made to the State, provinces,
municipal corporations, private corporations, organizations, or associations for
religious, scientific, cultural, educational, or charitable purposes.
All other corporations or entities may succeed under a will, unless there is a
provision to the contrary in their charter or the laws of their creation, and always
subject to the same. (746a)
4. Application:
a) 1027, pars.1-5: only to testamentary
b) 1027, par.6: to all kinds
c) 1028: only to testamentary
d) 1032: to all kinds
Article 1027 discussed: (strictly construed)
1) Requisites:
a. The will must have been executed during
the testator's last illness (in articulo
mortis)
b. The spiritual ministration must have
been extended during the last illness
c. The will must have been executed
during or after the spiritual ministration
Note: This applies not only to Christian priests,
pastors, ministers, and so forth, but also to all
individuals belonging to other religious, sects, or
cults, whose office or function it is to extend the
peculiar spiritual ministration of their creed
 Note also: This does not disqualify him from
inheriting by compulsory succession
2) What you cannot do directly, you cannot do
indirectly. Thus, the first paragraph includes:
a. Fourth degree of relationship—Articles
963-969.
b. Purpose of disqualification—to prevent
indirect violations or circumventions of
Par. 1.
c. Spouse of religious minister—
i. Liberally construed: certainly, the
mischief sought to be averted can be
perpetrated by the spouse.
ii. Strictly construed: duress must be
proved.
3) Through a will made during the subsistence of
the guardianship. When?
a. Property – from the time guardianship is
declared up to the approval of the
accounts
b. Person - from the time guardianship is
declared up to the time of lifting or
extinguishment of the guardianship
Exception: A guardian who happens to be an
ascendant, descendant, brother, sister, or
spouse of the ward-testator is excluded from the
prohibition
4) Except when there are three other witnesses
(823)
5) Scope: the person (physician, surgeon, and so
forth)
a. Must have taken care of the testator
b. During the latter's final illness.
Requisites:
a. Deathbed medical administration
b. Deathbed will (executed during or after
the medical administration)
"Taking care" means medical attendance
with some regularity or continuity, because
it is in such circumstances that the possibility
of duress or influence exists. (Thus, a
pharmacist does not fall under the
interdiction)
Article 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness, or
the minister of the gospel who extended spiritual aid to him during the same
period;
(2) The relatives of such priest or minister of the gospel within the fourth degree,
the church, order, chapter, community, organization, or institution to which such
priest or minister may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his
favor before the final accounts of the guardianship have been approved, even if
the testator should die after the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when the latter is his ascendant,
descendant, brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or
children, or any one claiming under such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the
testator during his last illness;
(6) Individuals, associations and corporations not permitted by law to inherit.
(745, 752, 753, 754a)
Article 1028. The prohibitions mentioned in article 739, concerning donations inter
vivos shall apply to testamentary provisions. (n)
"What we are is God's gift to us.
What we become is our gift to God."
-Eleanor Powell