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Based on Atty. Reyes' outline and notes from her discussions, with annotations from Jurado, Paras, De Leon and Balane. 4. Within a family, the heirs of equal degree of proximity inherit in equal shares. (general rule)
5. The State has a share in the inheritance (for example in intestacy, State has a share)
6. GR: The heirs are not liable to the debts of the estate beyond their shares in the inheritance. The estate
should be liable for the debts left by decedent (debts are paid before heirs get shares). XPN: When
WILLS AND SUCCESSION benefit is redounded to the heirs. –Atty. Reyes
INTRODUCTION
Nature and incidents of succession
Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the 1. Succession is a derivative mode of acquiring and transmitting ownership and other real rights over
extent of the value of the inheritance, of a person are transmitted through his death to another or others property.
either by will or by operation of law. 2. It takes place at the moment of the death of the decedent or deceased person.
3. The transmission to the successor or grantee covers only the property, rights, and obligations of the
decedent which are not extinguished by death.
Rationale behind the law on succession: (by Atty. Reyes) 4. It is limited to the extent of the value of the inheritance for the heir is not liable beyond the value of the
1. To enforce the right of the owner of the property to control the disposition of said property even after property he received from the decedent.
death. 5. Succession takes place by will (testate), or by operation of law (intestate), or partly by will and partly by
2. Centered on the family of the owner of the property. operation of law (mixed).
3. To provide for social order.
Kinds of Succession
Succession, defined As to its origin
 The totality or entirety of the property, rights and obligations of a person transmitted to another or
Testamentary Legal or intestate Mixed Compulsory
others through any of the modes of acquisition and transmission recognized by law.
That which results from the That which takes place by That effected partly by a Succession to
 It is a derivative mode of transmission because it is acquired from somebody else.
designation of an heir, made operation of law in default valid will and partly by legitimes
 As a mode of acquisition
in a valid will executed in the of a will operation of law
 General sense: The substitution of one person in the transmissible rights and properties of
form prescribed by law (partakes the character of Prevails over all
another.
Presumptive to the intent both testamentary and other kinds
 Specific or technical sense: It is limited to succession which takes place on the death of a
of the decedent legal succession)
person. It is the substitution of a decedent or deceased person by a living person in all the
Note: Compulsory
property, rights, and obligations which in life belonged to the former.
Combination of any two succession is not
 Derived from two Latin words:
or all of the other three under intestate
1. Sub - under
kinds. succession because
2. Cedere - to transfer, cede, transmit, pass, surrender
the latter operates
 "To pass under"
only in default of a
 Under Roman Law, a person occupies space (like under a house), this is his legal personality. When he
valid will whereas a
dies, the land did not leave the space vacant. Instead a successor will occupy the space. A successor,
legitime operates
passes under that space or fill that space. In effect, the space or personality is always occupied.
whether or not there
is a will.
Principles of succession (AODDESD)
1. No succession takes place when a person is alive. Succession has to be upon death only. During the
As to effectivity
lifetime, the heirs merely have an expectancy to the properties.
2. Succession and hereditary estate revolves around the family. The interest of the family may override the Inter vivos Mortis causa
provisions of a will e.g. legitimes. A will cannot impair legitimes. Succession by strangers is never That which takes effect during the lifetime of the That which takes effect after the death of the source of
presumed. source of the property the property
3. The family cannot be entirely deprived of the estate. A will that deprives a compulsory heir of legitime is
an invalid will. (remember legitimes!)

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As to its extent dispose completely conveyed to the donee (although still alive (Full and naked ownership is retained
Universal Particular certain reservations as to possession and by the donor)
That which covers all the property, rights, and That which is limited to certain specific items. enjoyment may be made)
obligations of the decedent, that is , all the relations in Devise: specific real property Tax Subject to donor's tax Subject to estate tax
which the decedent was involved Legacy: specific personal property
Donation inter vivos/in prasaenti: When the donor intends that the donation shall take effect during the lifetime
As to part of property transmitted of the donor, though the property shall not be delivered till after the donor's death.
Forced or compulsory Voluntary  The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee,
That which takes place with respect to the legitime That which takes place with respect to the free portion unless the donor provides otherwise.

Succession Inter Vivos vs. Succession Mortis Causa Designation given to donations not conclusive
Succession Inter Vivos Succession Mortis Causa  Provisions like "to take effect at the death of the donor" and similar statements are not controlling
Takes effect during the lifetime of the donor, Takes effect upon the death of the donor criteria.
independently of his death, even if the testator, so that nothing is conveyed to or  Such statements are to be construed together with the rest of the instrument in order to give
Effectivity effect to the real intent of the transferor.
actual execution may be deferred until said acquired by the donee until his death.
death.  When some provisions are inconsistent, they must be harmonized with the other stipulations in the
Made out of the donor's pure generosity Made in contemplation of his death without instrument.
Consideration the intention to lose the thing or its free  Majority of the provisions should be taken into account at arriving at a conclusion. The inconsistent ones
disposal in case of survival must be disregarded.
 Love and affection: The fact that the donation is given in consideration of love and affection or past or
Donor survives Valid even if the donor should survive the Void should the donor survive the donee
done done future services is not an exclusive characteristic of donations inter vivos.
1  A transfer mortis causa may be made also for those reasons.
Formalities of donations Formalities of a valid will, for it is in reality a 2
 In case of doubt: donation mortis causa!
Formalities legacy or devise; otherwise it is void and
 If the doubts refer to incidental circumstances of a gratuitous contract, the least transmission
cannot transfer ownership
of rights and interests shall prevail. (Art. 1378, NCC)
Must be accepted by the donee during Can only be accepted after the donor's death
Acceptance donor's lifetime (acceptance during donor's lifetime yields no
legal effect)
Arellano v. Pascual, Dec. 15, 2010
Cannot be revoked except for grounds Revocable at any time and for any reason
First issue: Whether the property donated to petitioner is subject to collation. NO.
provided for by law in Arts. 760 and 765 before the donor's death
Revocation Two concepts of collation:
(NCC) (Once accepted, can no longer be
1. It is a mere mathematical operation by the addition of the value of donations made by the testator to
revoked.
the value of the hereditary estate.
Right to The right to dispose of the property is This right is retained by the donor while he is
2. It is the return to the hereditary estate of property disposed of by lucrative title by the testator during
his lifetime.
1
Article 748. The donation of a movable may be made orally or in writing. An oral donation requires the Purpose of collation: to secure equality among the compulsory heirs in so far as is possible, and to determine the
simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal free portion, after finding the legitime, so that inofficious donations may be reduced.
property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. When does collation take place: Collation takes place when there are compulsory heirs, one of its purposes being
Otherwise, the donation shall be void. to determine the legitime and the free portion. If there is no compulsory heir, there is no legitime to be
safeguarded.
Article 749. In order that the donation of an immovable may be valid, it must be made in a public document,  The decedent not having left any compulsory heir who is entitled to any legitime, he was at liberty to donate
specifying therein the property donated and the value of the charges which the donee must satisfy. The
acceptance may be made in the same deed of donation or in a separate public document, but it shall not take
2
effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the However, in the case of Puig v. Peñaflorida, the Court said that in case of doubt, the donation is deemed inter
donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. vivos to avoid uncertainty to the ownership of the land.
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all his properties, even if nothing was left for his siblings-collateral relatives to inherit. His donation to with the agreement of); but revocability may be provided for indirectly by means of a reserved power in the
petitioner, assuming that it was valid, is deemed as donation made to a "stranger," chargeable against the donor to dispose of the properties conveyed; and
free portion of the estate. 3. That the transfer should be void if the transferor should survive the transferee.
 There being no compulsory heir, however, the donated property is not subject to collation.  Thus, if there is reversion clause, property returns to donor upon death of donee

Classification of compulsory heirs Discussions:

1. Primary: Those who have precedence over and exclude other compulsory heirs  The express "irrevocability" of the donation is the "distinctive standard that identifies the document as a
2. Secondary: Those who succeed only in the absence of the primary heirs donation inter vivos." Here, the donors plainly said that it is "our will that this Donation Mortis Causa
3. Concurring: Those who succeed together with the primary or the secondary compulsory heirs shall be irrevocable and shall be respected by the surviving spouse."
 But would the donors reservation of the beneficial use of the property make the donation mortis
Primary Secondary Concurring causa? NO, such reservation (reddendum) in the context of an irrevocable donation simply means that
Legitimate children Legitimate parents Illegitimate children the donors parted with their naked title, maintaining only beneficial ownership of the donated property
Descendants Ascendants Surviving spouse while they lived.
 Acceptance clause in DIV: An acceptance clause indicates that the donation is inter vivos, since
Second issue: Whether the property of the estate should have been ordered equally distributed among the acceptance is a requirement only for such kind of donations. Donations mortis causa, being in the form
parties. YES. of a will, need not be accepted by the donee during the donor’s lifetime.
The decedent’s remaining estate should thus be partitioned equally among his heirs-siblings-collateral relatives,
herein petitioner and respondents, pursuant to the provisions of the Civil Code: Maglasang v. Heirs of Cabatingan, June 2, 2002
1. Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the Title: "Deed of Conditional Donation Inter Vivos for House and Lot"
collateral relatives shall succeed to the entire estate of the deceased in accordance with the following Salient provision:
articles. "That for and in consideration of the love and affection of the DONOR for the DONEE, x x x the DONOR does
2. Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal hereby, by these presents, transfer, convey, by way of donation, unto the DONEE the above-described property,
shares. together with the buildings and all improvements existing thereon, to become effective upon the death of the
DONOR; PROVIDED, HOWEVER, that in the event that the DONEE should die before the DONOR, the present
Del Rosario v. Ferrer, Sept 20, 2010 donation shall be deemed automatically rescinded and of no further force and effect; x x x"
This case pertains to a gift, otherwise denominated as a donation mortis causa, which in reality is a donation inter
vivos made effective upon its execution by the donors and acceptance thereof by the donees, and immediately What kind of donation? DONATION MORTIS CAUSA
transmitting ownership of the donated property to the latter, thus precluding a subsequent assignment thereof by
one of the donors. The nature of the donations as mortis causa is confirmed by the fact that the donations do not contain any clear
provision that intends to pass proprietary rights to petitioners prior to Cabatingan's death. The phrase "to become
Title of the document: "Donation Mortis Causa" effective upon the death of the DONOR" admits of no other interpretation but that Cabatingan did not intend to
Salient provisions: transfer the ownership of the properties to petitioners during her lifetime.
1. that this Donation Mortis Causa shall be irrevocable
2. that anyone surviving spouse reserves the right, ownership, possession and administration of this The herein subject deeds expressly provide that the donation shall be rescinded in case petitioners predecease
property herein donated and accepted and this Disposition and Donation shall be operative and Conchita Cabatingan.
effective upon the death of the DONORS.  If she really intended that the donation should take effect during her lifetime and that the ownership of
the properties donated be transferred to the donee or independently of, and not by reason of her
What kind of donation? DONATION INTER VIVOS death, she would have not expressed such proviso in the subject deeds.
Characteristics of DMC:
1. It conveys no title or ownership to the transferee before the death of the transferor; or, what amounts The subject donation is void because it did not comply with the formalities of a will under Art. 728 of NCC.
to the same thing, that the transferor should retain the ownership (full or naked) and control of the property
while alive;
2. That before his death, the transfer should be revocable by the transferor at will, ad nutum (instantly;

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Austria-Magat v. CA, Feb 1, 2002
Title: "Kasulatang sa Kaloobpala"
Salient provisions:
1. (I)binibigay ko at ipinagkakaloob ng ganap at hindi mababawi sa naulit na apat na anak ko at sa kanilang
mga tagapagmana, ang aking lupang residential o tirahan sampu ng aking bahay nakatirik doon na nasa
Bagong Pook din, San Antonio, Lungsod ng Kabite
2. Na ang Kaloob palang ito ay magkakabisa lamang simula sa araw na ako’y pumanaw sa mundo,
3. Na ang titulo numero TCT-T-2260 (RT-4036) ng Lungsod ng Kabite, bahay sa loteng tirahan ng Bagong
Pook na nababanggit sa nasabing kasulatan, ay mananatili sa poder o possesion ng Ina, na si Basilisa
Comerciante habang siya ay nabubuhay at
4. Gayon din ang nasabing Titulo ay hindi mapapasangla o maipagbibili ang lupa habang maybuhay ang
nasabing Basilisa Comerciante.
What kind of donation? DONATION INTER VIVOS
Proof of DIV:
1. The irrevocable character of the donation (provi 1)
 The express irrevocability of the same (“hindi na mababawi”) is the distinctive standard that
identifies that document as a donation inter vivos.
2. The acceptance clause therein of the donees
 An acceptance clause is a mark that the donation is inter vivos. Acceptance is a requirement for
donations inter vivos. On the other hand, donations mortis causa, being in the form of a will, are
not required to be accepted by the donees during the donor’s lifetime.
 Important: Acceptance clause is only subordinate with respect to other requirements of donation,
it must be related to other provisions of the deed of donation (notes)
Bonsato v. CA, 95 P 481
Where the donation per the deed of donation would also take effect upon the death of the donor with
reservation for the donor to enjoy the fruits of the land, the Court held that the said statements only mean that
“after the donor’s death, the donation will take effect so as to make the donees the absolute owners of the
donated property, free from all liens and encumbrances; for it must be remembered that the donor reserved for
himself a share of the fruits of the land donated.”
Reyes v. Mosqueda, 187 S 661
Applying the above principles to the instant petitions, there is no doubt that the so-called DONATION MORTIS
CAUSA is really a donation inter vivos.
 The donation was executed by Dr. Pascual in favor of his sister Ursula Pascual out of love and affection
as well as a recognition of the personal services rendered by the donee to the donor.
 The transfer of ownership over the properties donated to the donee was immediate and independent of
the death of the donor.
 The provision as regards the reservation of properties for the donor's subsistence in relation to the
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other provisions of the deed of donation confirms the intention of the donor to give naked ownership of
the properties to the donee immediately after the execution of the deed of donation
Contractual Succession
 No form of contractual succession in our legal system
 What about Art. 84 of FC? x x x Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills.
 This is not contractual succession as it is still under testamentary succession (notes)
Vitug v. CA, 183 S 755
The Court held that the amount subject of a survivorship agreement became the separate property of the
surviving wife upon the death of her husband (in accordance with the said agreement), and the same did not form
part of the latter's estate.
3
Survivorship agreement is an aleatory contract
 Survivorship agreement is in reality a contract with a term, the term being death.
 The fulfillment of an aleatory contract depends on either the happening of an event which is (1)
"uncertain," (2) "which is to occur at an indeterminate time."
 SA when valid: But although the survivorship agreement is per se not contrary to law its operation or
effect may be violative of the law. For instance, if it be shown in a given case that such agreement is a
mere cloak to hide an inofficious donation, to transfer property in fraud of creditors, or to defeat the
legitime of a forced heir, it may be assailed and annulled upon such grounds. No such vice has been
imputed and established against the agreement involved in this case.
Survivorship agreement in this case valid: There is no demonstration here that the survivorship agreement had
been executed for such unlawful purposes, or, as held by the respondent court, in order to frustrate our laws on
wills, donations, and conjugal partnership.
Survivorship agreement not a DMC: The conveyance in question is not, first of all, one of mortis causa, which
should be embodied in a will. A will has been defined as "a personal, solemn, revocable and free act by which a
capacitated person disposes of his property and rights and declares or complies with duties to take effect after his
death."
Survivorship agreement not a DIV:
1. It was to take effect after the death of one party.
2. It is not a donation between the spouses because it involved no conveyance of a spouse's own
properties to the other.
3
Article 2010. By an aleatory contract, one of the parties or both reciprocally bind themselves to give or to do
something in consideration of what the other shall give or do upon the happening of an event which is uncertain,
or which is to occur at an indeterminate time.
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Note: Survivorship agreement ruling in this case is pro hac vice (law of the case). Thus, must not be applied with No succession takes place without the object of succession.
other survivorship agreement. (notes)  Hereditary estate: all properties, rights and obligations that survived the death of the decedent that are
5
transmissible.
Balane: The survivorship agreement circumvents the law on legitimes. It may deprive the compulsory heirs of  Inheritance: universality of all the property and transmissible rights and obligations constituting the
legitimes by making the money subject of survivorship agreement which will allow the transfer of patrimony of the decedent which are not extinguished by his death and which are available for
property(money) to the survivor and not to the estate. distribution among those who are called to succeed after settlement or liquidation. It includes:
1. All the decedent’s property which are existing at the time of his death.
2. All of his transmissible rights and obligations which are existing at the time of his death.
Elements of Succession Mortis Causa –Atty. Reyes 3. All of the property and rights which may have accrued to the hereditary estate since the opening of
1. Simply a mode of transmitting title or ownership of property. the succession.
2. Takes place upon the death of the owner of the property, right or obligation.  Rules:
3. No succession takes place without the object of succession. 1. Rights relative to persons and family or purely personal rights are, by their very nature,
4. No succession takes place without the proper parties because it involves simultaneous transmission and intransmissible in character.
acquisition 2. Rights relative to property or patrimonial rights are generally transmissible in character.
 XPN: Those which are expressly made intransmissible by operation of law such as personal
Succession takes place upon the death of the owner of the property, right or obligation. and legal usufructs and personal easements.
 The heirs cannot sell the property they are about to receive before the death of the decedent, neither 3. Rights arising from obligations or rights of obligations, whether contractual or otherwise, are
can they demand. Because prior to death, there is a mere expectancy/inchoate right to the inheritance. generally transmissible in character.
 Actual death: one that is officially announced.  Those arising from contracts which by their very nature are intransmissible, those which are
 Presumptive death expressly made intransmissible by agreement of the parties, and those which are expressly
 GR: In order that an absentee is presumed dead for the purpose of opening his succession, it is made intransmissible by operation of law.
necessary that he must have been absent for at least ten years, it being unknown whether or  Purely personal rights/obligations:
not he still lives. 1. Rights and obligations between husband and wife.
 XPN: 2. Property relations between husband and wife.
1. If the absentee disappeared after the age of seventy five years, in which case an absence 3. Action for legal separation.
of five years shall be sufficient in order that his succession may be opened; and 4. Action to compel acknowledgment of a natural child.
2. If the absentee disappeared under any one of the three circumstances enumerated in 5. Action to obtain judicial declaration of illegitimate filiation of an illegitimate child who is not
4
Art. 391, in which case an absence of four years shall be sufficient. natural.
 Rule: The absentee is deemed to have died at the time of the expiration of the period designated by the 6. Parental authority or patria potestas.
law. 7. Rights of a guardian.
 XPN: If the absentee disappeared under danger of death, he is deemed to have died at the time when 8. Right to receive and the obligation to give support.
he disappeared. 9. Right to hold a public office as well as the right to exercise a profession or vocation.
 Question: What if the absentee suddenly appears after the partition? 10. Right of usufruct.
 Answer: The original value of the property must be returned to the owner, exclusive of the fruits 11. Right of personal easement.
thereof. 12. Rights and obligations arising from a contract of partnership.
13. Rights and obligations arising from a contract of agency.
14. Criminal responsibility.

4
Art. 391. The following shall be presumed dead for all purposes, includ ing the division of the estate among the
heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been
5
heard of for four year since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken Article 1311. Contracts take effect only between the parties, their assigns and heirs, except in case where the
part in war, and has been missing for four years; and (3) A person who has been in danger of death under other rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by
circumstances and his existence has not been known for four years. provision of law. XXX
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No succession takes place without the proper parties because it involves simultaneous transmission and
acquisition.
 Decedent: the person whose property is transmitted through succession, whether or not he left a will, is
called the decedent.
 Testator: the person whose property is transmitted through succession, if he left a will.
 Heir: is a person called to the whole or to an aliquot portion of the inheritance either by will or by
operation of law.
 Devisee is a person to whom a gift of real property is given by virtue of a will.
 Legatee: is a person to whom a gift of personal property is given by virtue of a will.
 Voluntary heir: called to succeed to the whole or an aliquot part of the disposable free portion of the
hereditary estate by virtue of the will of the testator
 Compulsory heir: called by law to succeed to a portion of the testator’s estate known as the legitime.
 Legal or intestate heir called to succeed by operation of law when legal or intestate succession takes
place. May inherit by his own right of by right of representation.
 Right of representation: right created by fiction of law where the representative is raised to the
place and degree of the person represented, and acquires the rights which the latter would have if
he were living or could have inherited.
Pasco v. Heirs of De Guzman, July 26, 2010
The Court held that the proceeds of the loan should be released to Filomena’s heirs only upon settlement of her
estate.
 Filomena's heirs certainly have an interest in the preservation of the estate and the recovery of its
properties, for at the moment of Filomena’s death, the heirs start to own the property, subject to the
decedent's liabilities. In this connection, Article 777 of the Civil Code states that “the rights to the
succession are transmitted from the moment of the death of the decedent.”
 But to allow the release of the funds directly to the heirs would amount to a distribution of the estate;
which distribution and delivery should be made only after, not before, the payment of all debts,
charges, expenses, and taxes of the estate have been paid.
Balus v. Balus, January 15, 2010
Since Rufo (decedent) lost ownership of the subject property during his lifetime (evidenced by a Deed of Sale), it
only follows that at the time of his death, the disputed parcel of land no longer formed part of his estate to which
his heirs may lay claim. Stated differently, petitioner and respondents never inherited the subject lot from their
father.
Dela Merced v. Dela Merced, 303 S 683
Iron barrier rule: 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.
(Art. 992 NCC)
 Article 992 of the New Civil Code is not applicable because involved here is not a situation where an
illegitimate child would inherit ab intestato from a legitimate sister of his father. Rather, it is a scenario
where an illegitimate child inherits from his father, the latter’s share in or portion of, what the latter
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already inherited from the deceased sister, Evarista.
 Since Evarista died ahead of her brother Francisco, the latter inherited a portion of the estate of the
former as one of her heirs. Subsequently, when Francisco died, his heirs, namely: his spouse, legitimate
children, and the private respondent, Joselito, an illegitimate child, inherited his (Francisco’s) share in
the estate of Evarista.
 It bears stressing that Joselito does not claim to be an heir of Evarista by right of representation but
participates in his own right, as an heir of the late Francisco, in the latter’s share (or portion thereof) in
the estate of Evarista.
Opulencia v. CA, July 30, 1998
Opulencia was an heir of the decedent. During probate proceedings, she executed a Contract to Sell a parcel of
land included in the subject estate.
Contract to sell valid: The Court held that petitioner entered into the Contract to Sell in her capacity as an heiress,
not as an executrix or administratrix of the estate. In the contract, she represented herself as the “lawful owner”
and seller of the subject parcel of land. She also explained the reason for the sale to be “difficulties in her living”
conditions and consequent “need of cash.” These representations clearly evince that she was not acting on behalf
of the estate under probate when she entered into the Contract to Sell.
Administration of the estate was not prejudiced by the contract to sell
 Petitioner contends that "to sanction the sale at this stage would bring about a partial distribution of the
decedent’s estate pending the final termination of the testate proceedings." Was the contention
tenable?
 NO. The Contract to Sell stipulates that petitioner’s offer to sell is contingent on the
“complete clearance of the court on the Last Will Testament of her father.” Consequently,
although the Contract to Sell was perfected between the petitioner and private respondents
during the pendency of the probate proceedings, the consummation of the sale or the transfer
of ownership over the parcel of land to the private respondents is subject to the full payment
of the purchase price and to the termination and outcome of the testate proceedings.
Therefore, there is no basis for petitioner’s apprehension that the Contract to Sell may result
in a premature partition and distribution of the properties of the estate. Indeed, it is settled
that “the sale made by an heir of his share in an inheritance, subject to the pending
administration, in no wise stands in the way of such administration.”
Coronel v. CA, Oct. 7, 1996
Important facts:
1. On January 15, 1985, Coronels, heirs of the decedent, sold a parcel of land to Alcaraz while the title was
still registered under their father's name.
2. On February 6, 1985, the property originally registered in the name of the Coronel’s father was
transferred in their names.
3. On February 18, 1985, the Coronels sold the same property Mabanag.
Petitioners argued that there could been no perfected contract on January 19, 1985 because they were then not

yet the absolute owners of the inherited property (their father died before the said date). Was the statement
tenable?
 NO. Petitioners-sellers in the case at bar being the sons and daughters of the decedent Constancio P.
Coronel are compulsory heirs who were called to succession by operation of law. Thus, at the point
their father drew his last breath, petitioners stepped into his shoes insofar as the subject property is
concerned, such that any rights or obligations pertaining thereto became binding and enforceable upon
them. It is expressly provided that rights to the succession are transmitted from the moment of death
of the decedent.
Petitioners claim that succession may not be declared unless the creditors have been paid is rendered moot by
the fact that they were able to effect the transfer of the title to the property from the decedent’s name to their
names on February 6, 1985.
Paulmitan v. CA, 215 S 866
Facts:
Agatona died leaving two lots of land to her children, Donato and Pascual.Donato and Pascual were co-owners of
the estate left by their mother as no partition was ever made.
When Pascual died intestate, his children, the respondents, succeeded him in the co-ownership of the disputed
property. Pascual Paulmitan's right of ownership over an undivided portion of the property passed on to his
children, who, from the time of Pascual's death, became co-owners with their uncle Donato over the disputed
decedent estate.
Petitioner Juliana (daughter of Donato) claims ownership over Lot No. 1091 by virtue of two transactions, namely:
(a) the sale made in her favor by her father Donato; and (b) her redemption of the land from the Provincial of
Negros Occidental after it was forfeited for non-payment of taxes.
When Donato Paulmitan sold on May 28, 1974 Lot No. 1091 to his daughter Juliana P. Fanesa, he was only a co-
owner with respondents and as such, he could only sell that portion which may be allotted to him upon
termination of the co-ownership. The sale did not prejudice the rights of respondents to one half (1/2) undivided
share of the land which they inherited from their father. It did not vest ownership in the entire land with the
buyer but transferred only the seller's pro-indiviso share in the property and consequently made the buyer a co-
owner of the land until it is partitioned.
As to the lot sold by Pascual to Juliana
 Rule: Since a co-owner is entitled to sell his undivided share, a sale of the entire property by one co-
owner without the consent of the other co-owners is not null and void. However, only the rights of the
co-owner-seller are transferred, thereby making the buyer a co-owner of the property.
 The sale by petitioner Donato Paulmitan of the land to his daughter, petitioner Juliana P. Fanesa, did not
give to the latter ownership over the entire land but merely transferred to her the one half (1/2)
undivided share of her father, thus making her the co-owner of the land in question with the
respondents, her first cousins.
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As to the lot redeemed by Juliana from the government
 SC held that the redemption of the land made by Fanesa did not terminate the co-ownership nor give
her title to the entire land subject of the co-ownership.
 Although petitioner Fanesa did not acquire ownership over the entire lot by virtue of the redemption
she made, nevertheless, she did acquire the right to be reimbursed for half of the redemption price she
paid to the Provincial Government of Negros Occidental on behalf of her co-owners. Until reimbursed,
Fanesa hold a lien upon the subject property for the amount due her.
Rioferio v. CA, January 13, 2004
Do the heirs have legal standing to prosecute the rights belonging to the deceased subsequent to the
commencement of the administration proceedings?
 YES. Pending the filing of administration proceedings, the heirs without doubt have legal personality to
bring suit in behalf of the estate of the decedent in accordance with the provision of Article 777 of the
New Civil Code “that (t)he rights to succession are transmitted from the moment of the death of the
decedent.”
 GR: The heirs have no legal standing to sue for the recovery of the property of the estate during the
pendency of the administration proceedings,
 XPN:
1. If the executor or administrator is unwilling or refuses to bring suit;
2. When the administrator is alleged to have participated in the act complained of and he is made a
party defendant; or
3. When there is no appointed administrator (as in this case).
Property fraudulently registered in favor of another (like when paramour registered a land owned by decedent in
her favor) still forms part of the estate of the decedent. (notes)
Emnace v. CA, 370 S 431
From the very moment of Vicente Tabanao’s death, his rights insofar as the partnership was concerned were
transmitted to his heirs, for rights to the succession are transmitted from the moment of death of the decedent.
 BUT only PROPRIETARY rights are transmissible upon the death of the decedent-partner.
 Obviously, the right to represent the partner is not transmissible.
Limjoco v. Fragrante, 80 P 776
A Certificate of Public Convenience was granted to Fragrante after his death. Did the heirs inherit franchise?
 NO. Heirs own the operation of the franchise, and not the franchise itself. (notes)
The certificate of public convenience once granted "as a rule, should descend to his estate as an asset". Such
certificate would certainly be property, and the right to acquire such a certificate, by complying with the requisites
of the law, belonged to the decedent in his lifetime, and survived to his estate and judicial administrator after his
death.
 Such rights and obligations as survive after death have to be exercised and fulfilled only by the estate of
the deceased.

Arayata v. Joya, 51 P 654
Being a matter of law, the defendants-appellants cannot plead ignorance of the fact that until a judicial partition
of the property left by Cecilio Joya is made, said property belongs to the latter's estate and it together with its
products, is subject to the payment of the testator's debts, if any. Only after judicial partition has been made do
they acquire the title to their respective legacies, if the latter are valid.
In conclusion, the defendants are not entitled to the possession of the lands in question or their products, and
they are bound to return them to the herein plaintiff-appellant, after deducting the necessary expenses for
cultivation and preservation.
 In other words, no heir can enjoy fruits of the property until the debts of decedent are paid thru
liquidation. (notes)
Alvarez v. IAC, 185 S 8
Petitioners being the heirs of the late Rosendo Alvarez, they cannot escape the legal consequences of their
father's transaction, which gave rise to the present claim for damages.
 That petitioners did not inherit the property involved herein is of no moment because by legal fiction,
the monetary equivalent thereof devolved into the mass of their father's hereditary estate, and we have
ruled that the hereditary assets are always liable in their totality for the payment of the debts of the
estate.
 It must, however, be made clear that petitioners are liable only to the extent of the value of their
inheritance.
Lim v. CA, 323 S 102
Include in the deceased's estate:
 Shares of stock of corporation, not the corporation itself nor the properties owned by the corporation.
 Inasmuch as the real properties included in the inventory of the estate of the late Pastor Y. Lim are in
the possession of and are registered in the name of private respondent corporations, which under the
law possess a personality separate and distinct from their stockholders, and in the absence of any
cogency to shred the veil of corporate fiction, the presumption of conclusiveness of said titles in favor of
private respondents should stand undisturbed.
Piercing the veil of corporate fiction: When the fiction is urged as a means of perpetrating a fraud or an illegal act
or as a vehicle for the evasion of an existing obligation, the circumvention of statutes, the achievement or
perfection of a monopoly or generally the perpetration of knavery or crime, the veil with which the law covers and
isolates the corporation from the members or stockholders who compose it will be lifted to allow for its
consideration merely as an aggregation of individuals.
Estate of Llenado v. Llenado, March 4, 2009
Are the rights and obligations under the lease contract transmissible to heirs? YES!
A contract of lease is generally transmissible to the heirs of the lessor or lessee. It involves a property right and,
as such, the death of a party does not excuse non-performance of the contract. The rights and obligations pass to
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the heirs of the deceased and the heir of the deceased lessor is bound to respect the period of the lease.
The same principle applies to the option to renew the lease. As a general rule, covenants to renew a lease are not
personal but will run with the land. Consequently, the successors-in-interest of the lessee are entitled to the
benefits, while that of the lessor are burdened with the duties and obligations, which said covenants conferred
and imposed on the original parties.
The foregoing principles apply with greater force in this case because the parties expressly stipulated in the March
31, 1978 Agreement that Romeo, as lessee, shall transfer all his rights and interests under the lease contract with
option to renew “in favor of the party of the Third Part (Orlando), the latter’s heirs, successors and assigns”
indicating the clear intent to allow the transmissibility of all the rights and interests of Orlando under the lease
contract unto his heirs, successors or assigns. Accordingly, the rights and obligations under the lease contract
with option to renew were transmitted from Orlando to his heirs upon his death on November 7, 1983.
DKC Holding Corp v. CA, 329 S 666
Whether or not the Contract of Lease with Option to Buy entered into by the late Encarnacion Bartolome with
petitioner was terminated upon her death or whether it binds her sole heir, Victor, even after her demise.
NO. It has also been held that a good measure for determining whether a contract terminates upon the death of
one of the parties is whether it is of such a character that it may be performed by the promissor’s personal
representative.
 Contracts to perform personal acts which cannot be as well performed by others are discharged by the
death of the promissor. Conversely, where the service or act is of such a character that it may as well be
performed by another, or where the contract, by its terms, shows that performance by others was
contemplated, death does not terminate the contract or excuse nonperformance.
Lease as property right: the subject matter of the contract is likewise a lease, which is a property right. The death
of a party does not excuse nonperformance of a contract which involves a property right, and the rights and
obligations thereunder pass to the personal representatives of the deceased. Similarly, nonperformance is not
excused by the death of the party when the other party has a property interest in the subject matter of the
contract.
San Agustin v. CA, 371 S 348
Deed of Absolute Sale provision: the vendee shall not sell, convey, lease or sublease, or otherwise encumber the
property in favor of any other party within five (5) years from the date final and absolute ownership thereof
becomes vested in the vendee, except in cases of hereditary succession or resale in favor of the vendor.
The contract of sale (over the subject land and part of the estate) remains valid between the parties, unless and
until annulled in the proper suit filed by the rightful party, the GSIS. For now, the said contract of sale is binding
upon the heirs of Macaria Vda. de Caiquep, including petitioner who alleges to be one of her heirs, in line with the
rule that heirs are bound by contracts entered into by their predecessors-in-interest.
Aggabao v. RTC, Feb. 23, 2004
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it is clear that Juliana Ortañez, and her three sons, Jose, Rafael and Antonio, all surnamed Ortañez, invalidly
entered into a memorandum of agreement extrajudicially partitioning the intestate estate among themselves,
despite their knowledge that there were other heirs or claimants to the estate and before final settlement of the
estate by the intestate court. Since the appropriation of the estate properties by Juliana Ortañez and her children
(Jose, Rafael and Antonio Ortañez) was invalid, the subsequent sale thereof by Juliana and Jose to a third party
(FLAG), without court approval, was likewise void.
Heir can sell pending administration: An heir can sell his right, interest, or participation in the property under
administration under Art. 533 of the Civil Code which provides that possession of hereditary property is deemed
transmitted to the heir without interruption from the moment of death of the decedent.
Part to be alienated: However, an heir can only alienate such portion of the estate that may be allotted to him in
the division of the estate by the probate or intestate court after final adjudication, that is, after all debtors shall
have been paid or the devisees or legatees shall have been given their shares.
This means that an heir may only sell his ideal or undivided share in the estate, not any specific property therein.
In the present case, Juliana Ortañez and Jose Ortañez sold specific properties of the estate (1,014 and 1,011
shares of stock in Philinterlife) in favor of petitioner FLAG. This they could not lawfully do pending the final
adjudication of the estate by the intestate court because of the undue prejudice it would cause the other
claimants to the estate, as what happened in the present case.
Juliana Ortañez and Jose Ortañez sold specific properties of the estate, without court approval. It is well-settled
that court approval is necessary for the validity of any disposition of the decedent’s estate.
FORCED SUCCESSION/LEGITIMES
Sps. Buenaventura v. CA, November 20, 2003
Petitioners do not have any legal interest over the properties subject of the Deeds of Sale. As the appellate court
stated, petitioners’ right to their parents’ properties is merely inchoate and vests only upon their parents’ death.
While still living, the parents of petitioners are free to dispose of their properties. In their overzealousness to
safeguard their future legitime, petitioners forget that theoretically, the sale of the lots to their siblings does not
affect the value of their parents’ estate. While the sale of the lots reduced the estate, cash of equivalent value
replaced the lots taken from the estate.
Concept of legitime
1. As a property: It is the part of the testator's property referred to in the law which is adjudicated to the
compulsory heirs during the partition of the state which may be real or personal, tangible or intangible.
2. As a right: It is the right of a compulsory heir to succeed to said portion of the testator's property
3. As a fraction: It is the aliquot protion set forth by law and given to a particular class of compulsory heirs.
Purpose of legitime
 Main purpose: To protect said heirs from the unjust ire or weakness, or thoughtlessness of the parent
or spouse.
 A limitation upon freedom of the testator to dispose of his property by will.
Nature of legitime
 Standard or measure: The standard or measure for its determination is fixed by law.
 Quantity or amount: The quantity or amount may vary according to the value of the property, the
number and relation of the compulsory heirs to the testator, and the shares assigned to them by law.
 Rule: No compulsory heirs, no legitimes

Fixed and variable legitimes, distinguished

Forced succession: superior of all kinds of succession under the legal system. It requires that a certain portion of Fixed legitime Variable legitime
the hereditary estate be reserved for compulsory heirs. When the quantity or amount does not change When the quantity or amount changes depending on
regardless of whether compulsory heirs concur or not. the compulsory heirs who concur.
Legitime/legal portion: portion of the hereditary estate over which the testator has no testamentary control Legitime of LCD and LPA is fixed by law at 1/2 of the Legitimes of surviving spouse, illegitimate children and
because the law has already reserved it for certain heirs who are, therefore, called compulsory heirs, and which, estate. the parents of illegitimate child
consequently, cannot be disposed of by will in favor of any other person.
Intangible rights to the legitime
Disposable free portion: portion of the hereditary estate over which the testator has absolute testamentary
1. No deprivation
control and which, consequently, may be disposed of by will in favor of any person not disqualified by law to
2. No condition/substitution
succeed.
3. No compromise or waiver
4. No impairment
Manongsong v. Estimo, June 25, 2003
We likewise find no basis for the trial court’s declaration that the sale embodied in the Kasulatan deprived the Art. 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified
compulsory heirs of Guevarra of their legitimes. As opposed to a disposition inter vivos by lucrative or gratuitous by law.
title, a valid sale for valuable consideration does not diminish the estate of the seller. When the disposition is for
valuable consideration, there is no diminution of the estate but merely a substitution of values, that is, the Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind
property sold is replaced by the equivalent monetary consideration. whatsoever.

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3. Donation inter vivos

Disposition of property to compulsory heirs for valuable consideration not prohibited 4. Intestacy
 Reason: No diminution of the estate but merely a substitution in value.  Balane: It is not really an omission in the will. The mention or non-mention is not constitutive of
 Rule in sale to CH: The transfer must not be less than an adequate and full consideration, otherwise, the preterition. Then what?
amount by which the fair market value of the property exceeds the value of the consideration shall, for  Pretention must be a total omission from the inheritance.
purpose of the law, be deemed a donation subject to imputation of legitime.
 Rule in donation: Donations and other dispositions by gratuitous title must be included in the When is there preterition
computation.  Only in case of testamentary succession!
 You cannot have preterition in intestacy.
No Deprivation:
 GR: It is beyond the power of the testator to deprive the compulsory heirs of their legitime. Act made by Elements of preterition
the decedent while alive that would have the effect of totally depriving the compulsory heir of his 1. Omission of a compulsory heir
legitime is null and void. 2. Omitted compulsory heir is in the direct line (thus, spouse cannot be preterited)
 XPN: 3. Omitted compulsory heir must be living, willing and capacitated to inherit at the time of the opening of
1. Intentional or unintentional preterition does not affect the rights of compulsory heirs to their succession of the testator.
legitime; preterition of compulsory heir would annul the institution of heirs in the will. 4. Preterition must be total
2. Disinheritance in a will for causes expressly stated by law.  Compulsory heir is omitted not just in the will but also in the hereditary estate
3. Operation of law in cases of unworthiness to succeed.
Distinguish disinheritance from preterition
Preterition Preterition Disinheritance
 The total omission, generally due to mistake or oversight by the testator in his will, of one, some or all of Total omission from the inheritance, without the heir A testamentary disposition expressly depriving any
the compulsory heirs in the direct line living at the time of the testator's death. being expressly disinherited compulsory heir of his share in the legitime for a cause
 Rule: Total omission is preterition when purpose to disinherit is not expressly made or is not at least authorized by law
manifest. May be intentional but is presumed to be involuntary Always voluntary
 Presumption of involuntary omission: Preterition may be voluntary but the law presumes that the The law presumes that there has been merely some There is some legal cause or reason
omission of the compulsory heir was involuntary and due merely to mistake or inadvertence on the part mistake or oversight
of the testator. The nullity of the institution (in a will) is total resulting The nullity is partial i.e. only insofar as it may prejudice
 Manresa: Preterition consists in the omission of an heir in the will, either because he is in total intestacy, except devises and legacies the heir disinherited.
NOT NAMED ALTHOUGH NAMED The omitted compulsory heir gets his share from the If valid, the compulsory heir is excluded from the
He is not named in the will. He is neither: entire estate i.e. not only his share of the legitime but inheritance and if defective, the compulsory heir is
1. instituted as an heir also of the free portion not disposed of by way of merely restored to this legitime, and testamentary
2. expressly disinherited devises and legacies dispositions which are inofficious are reduced
3. assigned any part of the estate A compulsory heir in the direct line is omitted Any compulsory heir may be disinherited though not in
In all of these cases: Heir is tacitly deprived of his right to legitime the direct line
 Query: In his will, Gru states: "I institute my two (minion) children Larry and Jerry as my sole heirs to my
 Castan: Preterition is the omission in the will of any of the compulsory heirs without being expressly entire estate, and to Dave, my other (minion) child, I give nothing." Disinheritance or preterition?
disinherited.  A: Disinheritance! Here Gru makes it known that the really had no intention to give any part of
his estate to Dave. If the disinheritance is improper, Dave can still get his legitime. The
What is the proper definition of preterition? institution of Larry and Jerry remains valid.
 For there to be preterition, the compulsory heir in question must have received absolutely nothing from
the testator either by way of: When is there no preterition?
1. Testamentary succession 1. If the heir instituted in the will receives a portion less than his legitime. (Remedy: completion of legitime)
2. Legacy or devise 2. If the heir is given a legacy or devise. (Remedy: completion of legitime)

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3. If the heir had earlier received a donation inter vivos from the testator. (Donation inter vivos are treated
as an advance on legitimes)
4. If not all of the estate is disposed of by the will, and the heir is still not mentioned in the will, nor earlier
been a recipient of a donation inter vivos. (The omitted heir would still receive something by way of
intestacy, from the vacant or remaining portion, undisposed by the will). (Remedy: completion of
legitime)
Reyes v. Baretto
The fact that Milagros was allotted in her father's will a share smaller than her legitime does not invalidate the
institution of Salud as heir, since there was no preterition, or total omission for a forced heir.
There is no preterition where there is no total omission, inasmuch as the heir received something from the
inheritance.
The heir's remedy is not for the annulment of the other instituted heir, but for the completion of legitime in Arts.
906-907.
Aznar v. Duncan
Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him (as in devise
or legacy), may demand that the same may be fully satisfied.
In this case, the testator expressly denied his relationship with Helen, but still left her a legacy nevertheless,
although less than the amount of her legitime. The testator refused to acknowledge Helen as his natural daughter
and just gave her a share to a legacy.
The heir could not ask that the institution of heirs be annulled entirely when he was left a legacy worth less than
the legitime, and even if said legatee is not referred to as an heir or even a relative. Should the value of the legacy
or devise be less than the recipient's claimed legitime, her remedy is only for the completion of legitime.
Compulsory heirs that may be preterited
 Under the Art. 854, one, some or all of the compulsory heirs in the direct line.
1. Children or descendants, and parents or ascendants.
2. Manresa: Illegitimate descendants and ascendants are also protected (since there is no
distinction as to legitimacy)
3. Adopted children are also included and may claim preterition.
 It excludes the surviving spouse, although she is also a compulsory heir, she is not in the direct line and
therefore cannot claim to be preterited. (unfair to the wife, this article must be extended to all
compulsory heirs!)
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What happens in case the preterited compulsory heirs predeceases the testator?
 Rule: If the omitted compulsory heirs should die before the testator, the institution shall be effectual,
without prejudice to the right of representation.
 The question of preterition becomes MOOT. The institution of other heirs remains valid.
 if the omitted compulsory heir had heirs of his own, such heir may himself be entitled to succeed by
virtue of representation, unless such heir is also himself completely preterited.
Acain v. IAC
Preterition consists in the omission in the testator's will of the forced heirs either because they are not mentioned
therein, or although mentioned, they are neither instituted as heirs nor are expressly disinherited.
Even if a surviving spouse (widow) is a compulsory heir, there is no preterition even if she is omitted from the
inheritance, for she is not in a direct line.
Note: An adopted daughter was totally omitted and preterited in the will. An adopted child is included in the
"compulsory heir in the direct line." If totally omitted in the inheritance, then preterited.
Balane: "Acain" logic is the soul of simplicity; since an adopted child is give by law the same rights as la legitimate
child, in relation to the adopter, then the adopted child can invoke Art. 854 in the same manner that a legitimate
child can.
What is the effect of preterition? What does the remedy of preterition do?
 Annuls institution of an heir: Preterition annuls the institution of an heir and throws open the entire
inheritance to intestate succession.
 The only provisions that do not result in intestacy are the legacies and devises made in the
will, for they should stand valid and respected, except in so far as the legitimes are concerned.
 Total abrogation of will: It results in the total abrogation of the will or the nullification of the institution
of heirs.
 As if nothing was written: If there are no other testamentary dispositions like legacies or devises, it
amounts to a declaration that nothing at all was written.
 Opening of legacies: The effect of annulling the institution of heirs will be the opening of intestacy,
except that proper legacies and devises must be respected.
Does preterition result to intestacy?
 NO. It does not automatically result in intestacy because IF there are devises and legacies, they are
considered valid, insofar as they do not impair legitimes.
Nuguid v. Nuguid
In this case, a one-sentence will institutes the petitioner (sister) as the sole heir, nothing more. No specific
legacies or bequests were provided. The omission of the parents as forced heirs in the direct line results in
preterition. And the nullity of the institution is complete.
Legacies and devises merit consideration only when they are so expressly given as such in a will, in so far as they

are not inofficious.
The will here does not expressly disinherit the parents, the forced heirs. It simply omitted their names. Such is
preterition rather than an ineffective disinheritance.
The Court repeated, the preterition shall annul the institution of heir. This annulment is in toto, unless in the will
there are additional testamentary dispositions in the form of legacies and devisees.
Summary of preterition
 Preterition abrogates the institution of heir but respects the legacies and devises insofar as these do not
impair the legitimes.
 Preterition annuls the institution of an heir and annulment throws open to intestate succession the
entire inheritance including the free portion.
 The only provisions that do not result in intestacy are the legacies and devises made in the will
for they should stand valid and respected, except insofar as the legitimes are concerned.
 Devises and legacies vis-a-vis preterition: The DL are subordinate to the legitimes. The DL must not eat
up the shares or legitimes of compulsory heirs -> 1/2 of estate
 Two situations (with respect to DL):
1. If the will contains only institutions of heirs and there is preterition, total intestacy will result.
2. If there are legacies and devises and there is preterition, the legacies and devises will stand, to
the extent of the free portion. -> The DL will be reduced and not set aside if the legitimes are
impaired. The institution of heirs will be swept away.
Scenarios in preterition (4Y)
S1: T died on December 2013. C, child of T was born on May 2014. Preterition?
A: YES, C was already conceived when his father died. Thus consider the rule that he was already living because
the case is favorable to him.
S2: T died in 2013. C, child, died in 2008. G, grandchild and son of C was alive when T died. Preterition?
A: NO, because C already died during the time of opening of succession of T. But G must be given his legitime by
right of representation.
S3: What if in S2, C was merely disinherited. Preterition?
A: NO, he is not capacitated to inherit.
No Condition/Substitution
 Rule: Testator cannot impose any burden, condition, or substitution on legitime
 Reason: because the rights of compulsory heirs to their legitime cannot be reduced.
 Such burden shall be considered as NOT IMPOSED; it may only be imposed on the FREE
PORTION.
What are the prohibitions on the part of the testator regarding legitimes?
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1. Prohibition to deprive the compulsory heirs of legitimes
 The legitime is not within the testator's control, it passes to the compulsory heirs by strict operation of
law.
 XPN: In case of disinheritance -> the law allows the testator to deprive the compulsory heirs by strict
operation of law.
2. Prohibition to impose burdens on legitimes
 XPN:
1. Art. 1083(1): The testator may prohibit partition of the inheritance (applies to legitime only)
for a period not exceeding 20 years.
2. Art. 1080 (2): A parent may order that legitime be paid in cash (as when parent desires to
keep any agricultural, industrial, or manufacturing enterprise intact).
3. Art. 159 FC: The family home should continue despite death of spouses, as long as there is a
minor beneficiary. The court cannot partition the same without court order
4. Art. 891: Reserva Troncal
5. The testator may impose conditions either with respect to the institution of heirs or to the
designation of devisees or legatees, or subject such institution or designation for a certain
purpose or cause, or to a term or period.
No Compromise or Waiver
 Art. 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 whatever they may have received by virtue of the renunciation or
compromise.
 The owner of property may enter into a partition inter vivos: an adjudication or assignment of specific
property belonging to the owner in favor of his heirs during lifetime.
 A deed of conveyance or transfer executed while the owner is still alive will vest ownership to the
heir.
Renunciation or compromise as regards a future legitime
 Rule: Prohibited and declared null and void.
 Reasons for rule:
1. The right to a future legitime is merely an inchoate right or expectancy to an inheritance which
does not vest in the heir until the moment of the death of the testator.
2. It contravenes the freedom of testator in disposing his property by will
3. No contract may be entered into upon future inheritance except in cases expressly authorized by
law.
 Effects:
1. Since compromise is void, the compulsory heir can still claim his legitime upon the death of the
testator or the person owing it.
2. If the compulsory heir has received anything from the testator because of the renunciation or
compromise, he is bound to collate the same or its value as it is chargeable to or deductible from
his share.

JLT Agro v. Balansag, March 11, 2005
All things, even future ones, which are not outside the commerce of man may be the object of a contract.
The exception is that no contract may be entered into with respect to future inheritance, and the exception
to the exception is the partition inter vivos referred to in Article 1080.
For the inheritance to be considered "future," the succession must not have been opened at the time of the
contract.36 A contract may be classified as a contract upon future inheritance, prohibited under the second
paragraph of Article 1347, where the following requisites concur:
(1) That the succession has not yet been opened;
(2) That the object of the contract forms part of the inheritance; and
(3) That the promissor has, with respect to the object, an expectancy of a right which is purely hereditary in
nature.
The first paragraph of Article 1080, which provides the exception to the exception and therefore aligns with
the general rule on future things, reads:
ART. 1080. Should a person make a partition of his estate by an act inter vivos, or by will, such partition shall
be respected, insofar as it does not prejudice the legitime of the compulsory heirs.
Blas v. Santos, March 29, 1961
Future inheritance is any property or right not in existence or capable of determination at the time of the
contract, that a person may in the future acquire by succession
We do not think that Exhibit "A" is a contract on future inheritance. it is an obligation or promise made by
the maker to transmit one-half of her share in the conjugal properties acquired with her husband, which
properties are stated or declared to be conjugal properties in the will of the husband. The conjugal
properties were in existence at the time of the execution of Exhibit "A" on December 26, 1936. As a matter of
fact, Maxima Santos included these properties in her inventory of her husband's estate of June 2, 1937. The
promise does not refer to any properties that the maker would inherit upon the death of her husband,
because it is her share in the conjugal assets.
Ferrer v. Sps. Diaz, April 23, 2010
There is no question that at the time of execution of Comandante’s Waiver of Hereditary Rights and Interest
Over a Real Property (Still Undivided), succession to either of her parent’s properties has not yet been
opened since both of them are still living. With respect to the other two requisites, both are likewise present
considering that the property subject matter of Comandante’s waiver concededly forms part of the
properties that she expect to inherit from her parents upon their death and, such expectancy of a right, as
shown by the facts, is undoubtedly purely hereditary in nature.
From the foregoing, it is clear that Comandante and petitioner entered into a contract involving the former’s
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future inheritance as embodied in the Waiver of Hereditary Rights and Interest Over a Real Property (Still
Undivided) executed by her in petitioner’s favor.
What is the duty to collate?
 Any property which the compulsory heir may have gratuitously received from his predecessor will be
considered as an advance on his legitime and must be duly credited.
What is the scope of prohibition?
 This article applies only to compromises or renunciation between the predecessor and the prospective
compulsory heir.
 Note: There is also a prohibition between a prospective compulsory heir and another prospective
compulsory heir, or a prospective compulsory heir and a stranger
When is the prohibition not applicable?
1. Renunciations or compromises made after the death of the testator.
2. Donations or remissions made by the testator to the compulsory heirs as advances of the legitime, for
the law allows the testator to give to compulsory heirs donations which are chargeable to their
legitimes.
No Impairment
 Art. 906: Any compulsory heir to whom the testator has left by any title less than the legitime belonging
to him may demand that the same be fully satisfied.
 Impairment: is tantamount to reduction in the quantity and quality of a legitime delivered to an heir.
 Any testamentary disposition that encroaches on the legitime of compulsory heirs is null and void to the
extent of such impairment.
 To prevent impairment, in the distribution of the hereditary estate, the legitimes of the compulsory
heirs should be paid first before the voluntary heirs.
When will this provision apply?
1. Art. 855: When the title by which the testator transmitted property is intestate succession. This article is
a true case of completion of legitime
2. Arts. 909 and 910: Donation inter vivos to compulsory heirs are imputable to their legitimes
 GR: In both cases, anything that the compulsory heir receives by gratuitous title from the predecessor is
considered as an advance on the legitime and should be deducted therefrom.
 XPN: (when not counted as legitime)
a) Art. 1062: When the donation inter vivos was given with the express provision by the testator
that it should not be charged to the legitime of the donee-compulsory heir
b) Art. 1063: Testamentary dispositions even to a compulsory heir (unless testator expressly
provides that it should be counted as legitime)

Imperial v. CA, October 8, 1999
When Victor substituted Leoncio in Civil Case No. 1177 upon the latter’s death, his act of moving for
execution of the compromise judgment cannot be considered an act of renunciation of his legitime. He was,
therefore, not precluded or estopped from subsequently seeking the reduction of the donation, under Article
772. Nor are Victor’s heirs, upon his death, precluded from doing so, as their right to do so is expressly
recognized under Article 772, and also in Article 1053:
If the heir should die without having accepted or repudiated the inheritance, his right shall be transmitted to
his heirs.
What is brought to collation is not the donated property itself, but the value of the property at the time it
was donated. The rationale for this is that the donation is a real alienation which conveys ownership upon
its acceptance, hence, any increase in value or any deterioration or loss thereof is for the account of the heir
or donee.
Under Article 1144 of the Civil Code, actions upon an obligation created by law must be brought within ten
years from the time the right of action accrues. Thus, the ten-year prescriptive period applies to the
obligation to reduce inofficious donations, required under Article 771 of the Civil Code, to the extent that
they impair the legitime of compulsory heirs.
Private respondents are also guilty of estoppel by laches. It may be recalled that Leoncio died on January 8,
1962. Fifteen years later, Victor died, leaving as his sole heir Ricardo Villalon, who also died four years later.
While Victor was alive, he gave no indication of any interest to contest the donation of his deceased father.
As we have discussed earlier, the fact that he actively participated in Civil Case No. 1177 did not amount to a
renunciation of his inheritance and does not preclude him from bringing an action to claim his legitime.
These are matters that Victor could not possibly be unaware of, considering that he is a lawyer. Ricardo
Villalon was even a lessee of a portion of the donated property, and could have instituted the action as sole
heir of his natural son, or at the very least, raised the matter of legitime by way of counterclaim in an
ejectment case filed against him by petitioner in 1979. Neither does it help private respondents’ cause that
five years have elapsed since the death of Ricardo in 1981 before they filed their complaint with the RTC.
Before any conclusion as to the legal share due to a compulsory heir may be reached, the following steps
must be taken:
(1) the net estate of the decedent must be ascertained, by deducting all the payable obligations and charges
from the value of the property owned by the deceased at the time of his death;
(2) the value of all donations subject to collation would be added to it.
In this case where the collatable property is an immovable, what may be received is:
(1) an equivalent, as much as possible, in property of the same nature, class and quality;
(2) if such is impracticable, the equivalent value of the impaired legitime in cash or marketable securities; or
(3) in the absence of cash or securities in the estate, so much of such other property as may be necessary, to
be sold in public auction.
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Dorotheo v. CA, December 8, 1999
It does not necessarily follow that an extrinsically valid last will and testament is always intrinsically valid.
Even if the will was validly executed, if the testator provides for dispositions that deprives or impairs the
lawful heirs of their legitime or rightful inheritance according to the laws on succession, the unlawful
provisions/dispositions thereof cannot be given effect. This is specially so when the courts had already
determined in a final and executory decision that the will is intrinsically void. Such determination having
attained that character of finality is binding on this Court which will no longer be disturbed. Not that this
Court finds the will to be intrinsically valid, but that a final and executory decision of which the party had the
opportunity to challenge before the higher tribunals must stand and should no longer be reevaluated. Failure
to avail of the remedies provided by law constitutes waiver. And if the party does not avail of other remedies
despite its belief that it was aggrieved by a decision or court action, then it is deemed to have fully agreed
and is satisfied with the decision or order.
Francisco v. Francisco-Alfonzo, March 8, 2001
We find it incredible that engaging in buy and sell could raise the amount of P10,000.00, or that earnings in
selling goto could save enough to pay P15,000.00, in cash for the land.
The testimonies of petitioners were incredible considering their inconsistent statements as to whether there
was consideration for the sale and also as to whether the property was bought below or above its supposed
market value. They could not even present a single witness to the kasulatan that would prove receipt of the
purchase price.
Since there was no cause or consideration for the sale, the same was a simulation and hence, null and void.
Even if the kasulatan was not simulated, it still violated the Civil Code19 provisions insofar as the transaction
affected respondent's legitime. The sale was executed in 1983, when the applicable law was the Civil Code,
not the Family Code.
Obviously, the sale was Gregorio's way to transfer the property to his illegitimate daughters20 at the expense
of his legitimate daughter. The sale was executed to prevent respondent Alfonso from claiming her legitime
and rightful share in said property. Before his death, Gregorio had a change of heart and informed his
daughter about the titles to the property.
Ramirez v. Vda. de Ramirez, February 15, 1982
It is the one-third usufruct over the free portion which the appellants question and justifiably so. It appears
that the court a quo approved the usufruct in favor of Marcelle because the testament provides for a
usufruct in her favor of one-third of the estate. The court a quo erred for Marcelle who is entitled to one-half
of the estate "en pleno dominio" as her legitime and which is more than what she is given under the will is
not entitled to have any additional share in the estate. To give Marcelle more than her legitime will run
counter to the testator's intention for as stated above his dispositions even impaired her legitime and tended
to favor Wanda.
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Concepcion v. Sta. Ana, December 29, 1950  Right of representation: right created by fiction of law where the representative is raised to the
The reason why a forced heir has the right to institute an action of rescission is that the right to the legitime place and degree of the person represented, and acquires the rights which the latter would have if
is similar to a credit of a creditor. XXX "The rights of a forced heir to the legitime are undoubtedly similar to a he were living or could have inherited.
credit of a creditor in so far as the rights to the legitime may be defeated by fraudulent contracts, and are  Applies when:
superior to the will of those bound to respect them. 1. The compulsory heir predeceased his/her descendant.
2. The compulsory heir is incapacitated/disqualified or disqualified to inherit.
Therefore, as the plaintiff in the present case, not being a forced heir of the late Perpetua Concepcion, can 3. The compulsory heir is validly disinherited.
not institute an action to annul under article 1300 or to rescind under article 1291 (3) of the Civil Code the  Applies further in the legitimate descending line.
contract under consideration entered into by the deceased with the defendant.  The representatives who are qualified inherit only per stirpes: the total of the shares of the
representatives must not go beyond the per capita share.
 GR: Illegitimate children are subject to the iron-barrier rule.
Completion of legitime Preterition  XPN: Descendants of a recognized illegitimate child of the decedent are not subject to the
Testator who left some property in his will less than the The pretended heir gets nothing from the hereditary iron-barrier rule.
legitime to which a compulsory heir is entitled property either because he is totally omitted from the  Example: The decedent, who is a recognized illegitimate child is survived by his legitimate
will or although he is mentioned in the will, he is not child and another child who is a recognized illegitimate child.
given anything. o Question: Who among the children of the decedent may exercise the right of
representation?
Systems of distribution of hereditary property o Answer: Both of them may exercise the right of representation. The illegitimate child of
1. System of absolute freedom of disposition: The testator may freely dispose of his property without any the decedent is not subject to the iron-barrier rule because the decedent is a recognized
limitation imposed by law. illegitimate child.
2. System of total reservation: The testator cannot freely dispose of any portion of his estate as long as
there are compulsory heirs for whom the law reserves his estate. 2. Widow/widower
 He has free disposition only when he has no compulsory heirs 3. Illegitimate children, filitation with decedent is proved or established
3. System of partial reservation: A certain portion of the estate is reserved by law for compulsory heirs
and the rest is the free portion over which the testator has absolute freedom of disposition. Sps. Tumbokon v. Legaspi, August 12, 2010
The petitioners adduced no competent evidence to establish that Victor Miralles, the transferor of the land
Kinds of compulsory heirs to Cresenciana Inog (the petitioners’ immediate predecessor in interest) had any legal right in the first place
Primary Those who exclude the secondary heirs and LCD including legitimated and adopted to transfer ownership. He was not himself an heir of Alejandra, being only her son-in-law (as the husband of
are never excluded by other compulsory children Ciriaca, one of Alejandra’s two daughters). Thus, the statement in the deed of absolute sale (Exhibit B)
heirs or by each other. entered into between Victor Miralles and Cresenciana Inog, to the effect that the “parcel of land was
Secondary Those who are entitled to legitime only in LPAs and parents of illegitimate children inherited from the deceased Alejandra Sespeñe” by Victor Miralles “being the sole heir of the said Alejandra
the absence of the primary compulsory Sespeñe, having no other brothers or sisters,” was outrightly false.
heirs.
Concurring Those who succeed together with the Surviving spouse, illegitimate children Only two forced heirs survived Alejandra upon her death, namely: respondent Apolonia, her daughter, and
primary or secondary compulsory heirs. Crisanto Miralles, her grandson. The latter succeeded Alejandra by right of representation because his
mother, Ciriaca, had predeceased Alejandra. Representation is a right created by fiction of law, by virtue of
Primary forced heirs: entitled to the legitime whenever they survive and are qualified to inherit from the which the representative is raised to the place and the degree of the person represented, and acquires the
decedent or testator: rights which the latter would have if she were living or if she could have inherited. Herein, the representative
1. Legitimate children of the decedent and their descendants (Crisanto Miralles) was called to the succession by law and not by the person represented (Ciriaca); he thus
 No distinction must be made among them even if there are several marriages. succeeded Alejandra, not Ciriaca.
 Presumption of law is on legitimacy.
 Descendant inherits only by right of representation. With Victor Miralles lacking any just and legal right in the land, except as an heir of Ciriaca, the transfer of the
land from him to Cresenciana Inog was ineffectual. As a consequence, Cresenciana Inog did not legally

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acquire the land, and, in turn, did not validly transfer it to the petitioners.
Vizconde v. CA, February 11, 1998
Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the
estate any property or right which he may have received from the decedent, during the lifetime of the latter,
by way of donation, or any other gratuitous title, in order that it may be computed in the determination of
the legitime of each heir, and in the account of the partition.
Collation is the act by virtue of which descendants or other forced heirs who intervene in the division of the
inheritance of an ascendant bring into the common mass, the property which they received from him, so that
the division may be made according to law and the will of the testator.
Collation is only required of compulsory heirs succeeding with other compulsory heirs and involves property
or rights received by donation or gratuitous title during the lifetime of the decedent.
The purpose is to attain equality among the compulsory heirs in so far as possible for it is presumed that the
intention of the testator or predecessor in interest making a donation or gratuitous transfer to a forced heir
is to give him something in advance on account of his share in the estate, and that the predecessor's will is to
treat all his heirs equally, in the absence of any expression to the contrary.
Secondary forced heirs: inherit the legitime on default of another class of compulsory heirs:
1. Legitimate parents or ascendants
 Rule of proximity: the nearest exclude the more remote ones.
 If there are several of equal proximity to the decedent, divide between the maternal and paternal line
equally.
 There is no right of representation in the ascending line.
2. Illegitimate parents
 If the decedent/testator is an illegitimate child, only the recognizing parents may inherit from him/her in
6
the direct ascending line. (iron barrier rule)
Note: Brothers and sisters whether legitimate or not are not compulsory heirs to each other.
Legitimate children:
1. Born or conceived during a valid marriage between the parents
2. Born and conceived out of wedlock but legitimated upon valid marriage so long as upon conception, no
legal impediment is existing XPN: Minority
3. Adopted
4. Children from marriages declared void under art 36
6
Prohibits absolutely a succession ab intestate between the illegitimate child and the legitimate children and
relatives of the father or mother of the said illegitimate child.
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5. Children from marriages declared void for failure to comply to art 52 and 53 in rel to art 35 (6)
Sps. Bolaños v. Bernate, November 17, 2010
However, the above deed of absolute sale that Flavia A. Zuñiga executed was valid and effective only to the
extent of her ideal share in Lot No. 1-P. The validity of the other deed of absolute sale Cresencia Zuñiga-
Echague executed in favor of the spouses Mariano and Emma Bolaños is limited to her ideal share and the
other ideal share she acquired from Flavia A. Zuñiga. In effect[,] the spouses Mariano and Emma Bolaños
acquired the ideal shares of the sisters Flavia A. Zuñiga and Cresencia Zuñiga-Echague.
The claim by the spouses Mariano and Emma Bolaños that they were purchasers in good faith has little
relevance. Lot No. 1-P appears as [an] unregistered lot, and thus they merely step into the shoes of the
seller. They cannot acquire [a] property interest greater tha[n] Cresencia Zuñiga- Echague’s.
Considering that Roman died on August 9, 1976, the provisions of the Civil Code on succession, then the law
in force, should apply, particularly Articles 979 and 980, viz.—
Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages. x x x.
Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the
inheritance in equal shares.
Thus, the RTC correctly ruled that Lot No. 1-P rightfully belongs to the 11 children of Roman, seven (7) from
his first marriage with Flavia and four (4) from his second marriage with Ceferina, in equal shares. As there
was no partition among Roman’s children, the lot was owned by them in common. And inasmuch as Flavia
did not successfully repudiate her sale of her aliquot share to Cresencia, the transfer stands as valid and
effective. Consequently, what Cresencia sold to petitioner spouses was her own share and Flavia’s share in
the property that she acquired by virtue of the notarized deed of sale, which is only 2/11 of Lot No. 1-P.
Concepcion v. CA, August 31, 2005
The status and filiation of a child cannot be compromised. XXX A child who is conceived or born during the
marriage of his parents is legitimate.
Article 167. The child shall be considered legitimate although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress.
Only Ma. Theresa’s husband Mario or, in a proper case, his heirs, who can contest the legitimacy of the child
Jose Gerardo born to his wife. Impugning the legitimacy of a child is a strictly personal right of the husband
or, in exceptional cases, his heirs. Since the marriage of Gerardo and Ma. Theresa was void from the very
beginning, he never became her husband and thus never acquired any right to impugn the legitimacy of her
child.
The presumption of legitimacy proceeds from the sexual union in marriage, particularly during the period of
conception. To overthrow this presumption on the basis of Article 166 (1)(b) of the Family Code, it must be

shown beyond reasonable doubt that there was no access that could have enabled the husband to father the
child. Sexual intercourse is to be presumed where personal access is not disproved, unless such presumption
is rebutted by evidence to the contrary.
The presumption is quasi-conclusive and may be refuted only by the evidence of physical impossibility of
coitus between husband and wife within the first 120 days of the 300 days which immediately preceded the
birth of the child.
To rebut the presumption, the separation between the spouses must be such as to make marital intimacy
impossible. This may take place, for instance, when they reside in different countries or provinces and they
were never together during the period of conception.[33] Or, the husband was in prison during the period of
conception, unless it appears that sexual union took place through the violation of prison regulations.
The law itself establishes the status of a child from the moment of his birth. Although a record of birth or
birth certificate may be used as primary evidence of the filiation of a child, as the status of a child is
determined by the law itself, proof of filiation is necessary only when the legitimacy of the child is being
questioned, or when the status of a child born after 300 days following the termination of marriage is sought
to be established.
Joaquino v. Reyes, July 13, 2004
Matters relating to the rights of filiation and heirship must be ventilated in the proper probate court in a
special proceeding instituted precisely for the purpose of determining such rights. Sustaining the appellate
court in Agapay v. Palang, this Court held that the status of an illegitimate child who claimed to be an heir to
a decedent’s estate could not be adjudicated in an ordinary civil action which, as in this case, was for the
recovery of property.
Considerations of due process should have likewise deterred the RTC from ruling on the status of petitioner’s
children. It is evident from the pleadings of the parties that this issue was not presented in either the original
or the Supplemental Complaint for reconveyance of property and damages; that it was not pleaded and
specifically prayed for by petitioner in her Answers thereto; and that it was not traversed by respondents’
Reply to the Supplemental Complaint. Neither did petitioner’s Memorandum,*46+ which was submitted to
the trial court, raise and discuss this issue. In view thereof, the illegitimate filiation of her children could not
have been duly established by the proceedings as required by Article 887 of the Civil Code.
Benitez-Badua v. CA, January 24, 1994
Petitioners' recourse to Article 263 of the New Civil Code [now Article 170 of the Family Code] is not well-
taken. This legal provision refers to an action to impugn legitimacy. It is inapplicable to this case because this
is not an action to impugn the legitimacy of a child, but an action of the private respondents to claim their
inheritance as legal heirs of their childless deceased aunt. They do not claim that petitioner Violeta Cabatbat
Lim is an illegitimate child of the deceased, but that she is not the decedent's child at all. Being neither legally
adopted child, nor an acknowledged natural child, nor a child by legal fiction of Esperanza Cabatbat, Violeta is
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not a legal heir of the deceased.
For if Vicente's wife Isabel, who wads already 36 years old at the time of the child's supposed birth, was truly
the mother of that child, as reported by Vicente in her birth certificate, should the child not have been born
in a hospital under the experienced, skillful and caring hands of Isabel's obstetrician-gynecologist Dr.
Constantino Manahan, since delivery of a child at that late age by Isabel would have been difficult and quite
risky to her health and even life? How come, then, that as appearing in appellee's birth certificate, Marissa
was supposedly born at the Benitez home in Avenida Rizal, Nagcarlan, Laguna, with no physician or even a
midwife attending?
The mere registration of a child in his or her birth certificate as the child of the supposed parents is not a
valid adoption, does not confer upon the child the status of an adopted child and the legal rights of such
child, and even amounts of simulation of the child's birth or falsification of his or her birth certificate, which
is a public document.
Isabel Chipongian had to implore and supplicate her husband to give appellee although without any legal
papers her properties when she dies, and likewise for her husband to give Marissa the properties that he
would inherit from her (Isabel), since she well knew that Marissa is not truly their daughter and could not be
their legal heir unless her (Isabel's) husband makes her so. the totality of contrary evidence, presented by the
private respondents sufficiently rebutted the truth of the content of petitioner's Certificate of Live Birth. of
said rebutting evidence, the most telling was the Deed of Extra-Judicial Settlement of the Estate of the
Deceased Isabel Chipongian (Exh. "E") executed on July 20, 1982 by Vicente Benitez, and Dr. Nilo Chipongian,
a brother of Isabel. In their notarized document, they stated that "(they) are the sole heirs of the deceased
Isabel Chipongian because she died without descendants or ascendants". In executing this Deed, Vicente
Benitez effectively repudiated the Certificate of Live Birth of petitioner where it appeared that he was
petitioner's father. The repudiation was made twenty-eight years after he signed petitioner's Certificate of
Live Birth.
Rivera v. Heirs of Villanueva, July 21, 2006
The mere registration of a child in his or her birth certificate as the child of the supposed parents is not a
valid adoption, does not confer upon the child the status of an adopted child and the legal rights of such
child, and even amounts to simulation of the child's birth or falsification of his or her birth certificate, which
is a public document.
It is well-settled that a record of birth is merely a prima facie evidence of the facts contained therein. It is
not conclusive evidence of the truthfulness of the statements made there by the interested parties.
Following the logic of Benitez, respondent Angelina and her co-defendants in SD-857 should have adduced
evidence of her adoption, in view of the contents of her birth certificate. The records, however, are bereft of
any such evidence.
There are several parallels between this case and Benitez-Badua that are simply too compelling to ignore.
First, both Benitez-Badua and respondent Angelina submitted birth certificates as evidence of filiation.
Second, both claimed to be children of parents relatively advanced in age. Third, both claimed to have been

born after their alleged parents had lived together childless for several years.
There are, however, also crucial differences between Benitez-Badua and this case which ineluctably support
the conclusion that respondent Angelina was not Gonzales' daughter, whether illegitimate or adopted.
Gonzales, unlike Benitez-Badua's alleged mother Chipongian, was not only 36 years old but 44 years old, and
on the verge of menopause at the time of the alleged birth. Unlike Chipongian who had been married to
Vicente Benitez for only 10 years, Gonzales had been living childless with Villanueva for 20 years. Under the
circumstances, we hold that it was not sufficiently established that respondent Angelina was Gonzales'
biological daughter, nor even her adopted daughter. Thus, she cannot inherit from Gonzales. Since she could
not have validly participated in Gonzales' estate, the extrajudicial partition which she executed with
Villanueva on August 8, 1980 was invalid.
Babiera v. Catotal, June 15, 2000
Article 171 of the Family Code is not applicable to the present case. A close reading of this provision shows
that it applies to instances in which the father impugns the legitimacy of his wife’s child. The provision,
however, presupposes that the child was the undisputed offspring of the mothet. XXX The prayer herein is
not to declare that petitioner is an illegitimate child of Hermogena, but to establish that the former is not the
latter's child at all. Verily, the present action does not impugn petitioner’s filiation to Spouses Eugenio and
Hermogena Babiera, because there is no blood relation to impugn in the first place.
Adopted children
RA 8552: “Domestic Adoption Act of 1998”
Sec. 7. Who May Adopt. — The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically
capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to
support and care for his/her children in keeping with the means of the family. The requirement of sixteen
(16) year difference between the age of the adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in
the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and
maintains such residence until the adoption decree is entered, that he/she has been certified by his/her
diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to
adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her
adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien's
qualification to adopt in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity
or affinity; or
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(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or .
(c) The guardian with respect to the ward after the termination of the guardianship and clearance of
his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other
spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.chan robles virtual law library
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint
parental authority shall be exercised by the spouses.
Sec. 8. Who May Be Adopted. — The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated
by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated
within six (6) months from the time of death of said parent(s).
Sec. 9. Whose Consent is Necessary to the Adoption. — After being properly counseled and informed of
his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the
adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter
and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
Rivera v. Ramirez, June 27, 2012
But, whether or not the late Rosita had judicially adopted Raymond as her child is a question of fact that had

neither been considered nor passed upon by the RTC in a direct challenge to the claim of Eleuterio and
Rosita’s other collateral relatives that they have the right to inherit from her. The relevant issue before the
RTC was only whether or not the duly appointed administrator of Rosita’s estate had the right to the
production and examination of the documents believed to be in Robert’s possession. Indeed, one of the
reasons Robert brought the special civil action of certiorari before the CA is that Eleuterio had no right to
inspect the requested documents and have access to Adolfo’s estate when Eleuterio’s authority as
administrator extended only to Rosita’s estate.
Sayson v. CA, January 23, 1992
When Doribel was born on February 27, 1967, or about TEN (10) days before the issuance of the Order of
Adoption, the petitioners could have notified the court about the fact of birth of DORIBEL and perhaps
withdrew the petition or perhaps petitioners could have filed a petition for the revocation or rescission of the
adoption (although the birth of a child is not one of those provided by law for the revocation or rescission of
an adoption). The court is of the considered opinion that the adoption of the plaintiffs DELIA and EDMUNDO
SAYSON is valid, outstanding and binding to the present, the same not having been revoked or rescinded.
A no less important argument against the petitioners is that their challenge to the validity of the adoption
cannot be made collaterally, as in their action for partition, but in a direct proceeding frontally addressing the
issue.
Mauricio's testimony that he was present when Doribel was born to Edita Abila was understandbly suspect,
coming as it did from an interested party. The affidavit of Abila 10 denying her earlier statement in the
petition for the guardianship of Doribel is of course hearsay, let alone the fact that it was never offered in
evidence in the lower courts. Even without it, however, the birth certificate must be upheld in line with
Legaspi v. Court of Appeals, where we ruled that "the evidentiary nature of public documents must be
sustained in the absence of strong, complete and conclusive proof of its falsity or nullity."
Doribel's legitimacy cannot be questioned in a complaint for partition and accounting but in a direct action
seasonably filed by the proper party.
In consequence of the above observations, we hold that Doribel, as the legitimate daughter of Teodoro and
Isabel Sayson, and Delia and Edmundo, as their adopted children, are the exclusive heirs to the intestate
estate of the deceased couple, conformably to the following Article 979 of the Civil Code:
Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages.
An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate
child.
While it is true that the adopted child shall be deemed to be a legitimate child and have the same right as
the latter, these rights do not include the right of representation. The relationship created by the adoption
is between only the adopting parents and the adopted child and does not extend to the blood relatives of
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either party.
In Re Adoption of Stephanie Garcia
Adoption is defined as the process of making a child, whether related or not to the adopter, possess in
general, the rights accorded to a legitimate child. It is a juridical act, a proceeding in rem which creates
between two persons a relationship similar to that which results from legitimate paternity and filiation.
One of the effects of adoption is that the adopted is deemed to be a legitimate child of the adopter for all
intents and purposes.
Being a legitimate child by virtue of her adoption, it follows that Stephanie is entitled to all the rights
provided by law to a legitimate child without discrimination of any kind, including the right to bear the
surname of her father and her mother, as discussed above. .
Additionally, as aptly stated by both parties, Stephanie’s continued use of her mother’s surname (Garcia) as
her middle name will maintain her maternal lineage.
It is to be noted that Article 189(3) of the Family Code and Section 18, Article V of RA provide that the
adoptee remains an intestate heir of his/her biological parent. Hence, Stephanie can well assert or claim
her hereditary rights from her natural mother in the future.
Since there is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use, as
middle name her mother’s surname, we find no reason why she should not be allowed to do so.
Lim v. IAC, October 18, 1988
The record of birth certificates of Pangasinan Provincial Hospital for the years 1947 and 1948 does not carry
the birth certificate of defendant Violeta Cabatbat and the only birth certificate in the file of birth certificates
of the hospital for May 26, 1948 is that of Baby Girl Lastimosa whose mother's name is Benita Lastimosa.
Furthermore, the absence of a record of the birth of petitioner Violeta Cabatbat in the Office of the Civil
Registrar General, puts a cloud on the genuineness of her Exhibit 5.
Petitioners' recourse to Article 263 of the New Civil Code is not well-taken. This legal provision refers to an
action to impugn legitimacy. It is inapplicable to this case because this is not an action to impugn the
legitimacy of a child, but an action of the private respondents to claim their inheritance as legal heirs of
their childless deceased aunt. They do not claim that petitioner Violeta Cabatbat Lim is an illegitimate child
of the deceased, but that she is not the decedent's child at all. Being neither a legally adopted child, nor an
acknowledged natural child, nor a child by legal fiction of Esperanza Cabatbat, Violeta is not a legal heir of
the deceased.
Teotico v. Del Val, March 26, 1965
The relationship established by the adoption, however, is limited to the adopting parent, and does not
extend to his other relatives, except as expressly provided by law. Thus, the adopted child cannot be

considered as a relative of the ascendants and collaterals of the adopting parents, nor of the legitimate
children which they may have after the adoption, except that the law imposes certain impediments to
marriage by reason of adoption. Neither are the children of the adopted considered as descendants of the
adopter. The relationship created is exclusively between the adopter and the adopted, and does not extend
to the relatives of either.
Relationship by adoption is limited to adopter and adopted, and does not extend to other members of the
family of either; but the adopted is prohibited to marry the children of the adopter to avoid scandal.
Legitimate Parents and Ascendants
Nuguid v. Nuguid, june 23, 1966
The deceased Rosario Nuguid left no descendants, legitimate or illegitimate. But she left forced heirs in the
direct ascending line her parents, now oppositors Felix Nuguid and Paz Salonga Nuguid. And, the will
completely omits both of them: They thus received nothing by the testament; tacitly, they were deprived of
their legitime; neither were they expressly disinherited. This is a clear case of preterition.
The one-sentence will here institutes petitioner as the sole, universal heir — nothing more. No specific
legacies or bequests are therein provided for. It is in this posture that we say that the nullity is complete.
Perforce, Rosario Nuguid died intestate.
There is no other provision in the will before us except the institution of petitioner as universal heir. That
institution, by itself, is null and void. And, intestate succession ensues.The will here does not explicitly
disinherit the testatrix's parents, the forced heirs. It simply omits their names altogether. Said will rather
than be labeled ineffective disinheritance is clearly one in which the said forced heirs suffer from preterition.
The will here does not explicitly disinherit the testatrix's parents, the forced heirs. It simply omits their names
altogether. Said will rather than be labeled ineffective disinheritance is clearly one in which the said forced
heirs suffer from preterition.
Legal spouse: one with whom the decedent or testator had a valid marriage before the time of death.
 Note: There must not have been an adjudicated legal separation decree between the married parties. If
there is any, the surviving spouse must not be the guilty spouse, otherwise, he/she is disqualified to
inherit.
Valid marriage: one that has complied with the essential and formal requisites of the family code.
Enrico v. Heirs of Sps. Medinaceli, September 28, 2007
A.M. No. 02-11-10-SC (took effect on 15 March 2003)
The marriage of petitioner to Eulogio was celebrated on 26 August 2004, and it squarely falls within the
ambit of A.M. No. 02-11-10-SC.
Section 2. Petition for declaration of absolute nullity of void marriages. –
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(a) Who may file. – A petition for declaration of absolute nullity of void marriage may be filed solely
by the husband or the wife.
Such petition cannot be filed by compulsory or intestate heirs of the spouses or by the State. The Committee
is of the belief that they do not have a legal right to file the petition. Compulsory or intestate heirs have
only inchoate rights prior to the death of their predecessor, and hence can only question the validity of the
marriage of the spouses upon the death of a spouse in a proceeding for the settlement of the estate of the
deceased spouse filed in the regular courts.
They can still protect their successional right, XXX compulsory or intestate heirs can still question the validity
of the marriage of the spouses, not in a proceeding for declaration of nullity, but upon the death of a spouse
in a proceeding for the settlement of the estate of the deceased spouse filed in the regular courts.
Catalan v. CA, February 6, 2007
Divorce means the legal dissolution of a lawful union for a cause arising after marriage. But divorces are of
different types. The two basic ones are:
(1) absolute divorce or a vinculo matrimonii and
(2) limited divorce or a mensa et thoro.
The first kind terminates the marriage, while the second suspends it and leaves the bond in full force. A
divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid
according to the national law of the foreigner. However, before it can be recognized by our courts, the party
pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it,
which must be proved considering that our courts cannot take judicial notice of foreign laws.
Without the divorce decree and foreign law as part of the evidence, we cannot rule on the issue of whether
petitioner has the personality to file the petition for declaration of nullity of marriage.
A petition to declare the nullity of marriage, like any other actions, must be prosecuted or defended in the
name of the real party in interest27 and must be based on a cause of action.
Significantly, Section 2(a) of The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages, which took effect on March 15, 2003, now specifically provides:
SECTION 2. Petition for declaration of absolute nullity of void marriages. —
(a) Who may file. — A petition for declaration of absolute nullity of void marriage may be filed solely by the
husband or the wife.
A remand of the case to the trial court for reception of additional evidence is necessary to determine
whether respondent Orlando was granted a divorce decree and whether the foreign law which granted the
same allows or restricts remarriage.

If it is proved that a valid divorce decree was obtained and the same did not allow respondent Orlando’s
remarriage, then the trial court should declare respondents’ marriage as bigamous and void ab initio but
reduce the amount of moral damages from P300,000.00 to P50,000.00 and exemplary damages from
P200,000.00 to P25,000.00. On the contrary, if it is proved that a valid divorce decree was obtained which
allowed Orlando to remarry, then the trial court must dismiss the instant petition to declare nullity of
marriage on the ground that petitioner Felicitas Amor-Catalan lacks legal personality to file the same.
Quita v. CA, December 22, 1998
When asked whether she was an American citizen petitioner answered that she was since 1954.[19]
Significantly, the decree of divorce of petitioner and Arturo was obtained in the same year. Petitioner
however did not bother to file a reply memorandum to erase the uncertainty about her citizenship at the
time of their divorce, a factual issue requiring hearings to be conducted by the trial court.
We emphasize however that the question to be determined by the trial court should be limited only to the
right of petitioner to inherit from Arturo as his surviving spouse. Private respondent's claim to heirship was
already resolved by the trial court. She and Arturo were married on 22 April 1947 while the prior marriage of
petitioner and Arturo was subsisting thereby resulting in a bigamous marriage considered void from the
beginning under Arts. 80 and 83 of the Civil Code. Consequently, she is not a surviving spouse that can
inherit from him as this status presupposes a legitimate relationship.
Illegitimate children:
1. Born and conceived out of wedlock between parents who are incapacitated to marry each other
2. Born and conceived out of wedlock between parents who are capacitated but are not married
3. Born and conceived during a void marriage except under art 36 and 35 (6) of the Family Code
7
Proof of illegitimate filiation :
1. Record of birth, provided no fraudulent entry is made therein
2. Final judgment j declaring the child as illegitimate
3. Written admission/acknowledgement of paternity or filiation in a public or private instrument, as long
as signed by the parent
4. Open and continuous possession of the status of an illegitimate child
5. Other means allowed by Revised Rules of Court
 Question: Can a DNA evidence be still admitted after the death of the putative father?
 Answer: This remains unsettled.
 How many ascendants can a person have?
 Answer: If recognized illegitimate, only the mother and father. If unrecognized illegitimate (has no
paternal relatives), mother takes it all. 
7
In items 1 to 3, filiation must be established during the lifetime of the child. In items 4 to 5, filiation must be
establisged during the lifetime of the putative parent.
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Aruego, Jr. v. CA, March 13, 1996
The right of action of the minor child has been vested by the filing of the complaint in court under the regime
of the Civil Code and prior to the effectivity of the Family Code. XXX The fact of filing of the petition already
vested in the petitioner her right to file it and to have the same proceed to final adjudication in accordance
with the law in force at the time, and such right can no longer be prejudiced or impaired by the enactment of
a new law.
The action brought by private respondent Antonia Aruego for compulsory recognition and enforcement of
successional rights which was filed prior to the advent of the Family Code, must be governed by Article 285 of
the Civil Code and not by Article 175, paragraph 2 of the Family Code. The present law cannot be given
retroactive effect insofar as the instant case is concerned, as its application will prejudice the vested right of
private respondent to have her case decided under Article 285 of the Civil Code.
The action was not yet barred, notwithstanding the fact that it was brought when the putative father was
already deceased, since private respondent was then still a minor when it was filed, an exception to the
general rule provided under Article 285 of the Civil Code.
Book I, Title VIII of the Civil Code on PERSONS:
Art. 285. The action for the recognition of natural children may be brought only during the lifetime of the
presumed parents, except in the following cases:
(1) If the father or mother died during the minority of the child, in which case the latter may file the action
before the expiration of four years from the attainment of his majority;
De Jesus v. Estate of Dizon, October 2, 2001
in an attempt to establish their illegitimate filiation to the late Juan G. Dizon, petitioners, in effect, would
impugn their legitimate status as being children of Danilo de Jesus and Carolina Aves de Jesus. This step
cannot be aptly done because the law itself establishes the legitimacy of children conceived or born during
the marriage of the parents. The presumption of legitimacy fixes a civil status for the child born in wedlock,
and only the father, or in exceptional instances the latter’s heirs, can contest in an appropriate action the
legitimacy of a child born to his wife. Thus, it is only when the legitimacy of a child has been successfully
impugned that the paternity of the husband can be rejected.
The rule that the written acknowledgment made by the deceased Juan G. Dizon establishes petitioners’
alleged illegitimate filiation to the decedent cannot be validly invoked to be of any relevance in this instance.
This issue, i.e., whether petitioners are indeed the acknowledged illegitimate offsprings of the decedent,
cannot be aptly adjudicated without an action having been first been instituted to impugn their legitimacy as
being the children of Danilo B. de Jesus and Carolina Aves de Jesus born in lawful wedlock. Jurisprudence is
strongly settled that the paramount declaration of legitimacy by law cannot be attacked collaterally, one that
can only be repudiated or contested in a direct suit specifically brought for that purpose.
Guy v. CA, September 15, 2006

The Release and Waiver of Claim does not state with clarity the purpose of its execution. It merely states that
Remedios received P300,000.00 and an educational plan for her minor daughters "by way of financial
assistance and in full settlement of any and all claims of whatsoever nature and kind x x x against the estate
of the late Rufino Guy Susim." Considering that the document did not specifically mention private
respondents' hereditary share in the estate of Sima Wei, it cannot be construed as a waiver of successional
rights.
Even assuming that Remedios truly waived the hereditary rights of private respondents, such waiver will not
bar the latter's claim. Article 1044 of the Civil Code, provides:
ART. 1044. Any person having the free disposal of his property may accept or repudiate an inheritance.
Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians.
Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization.
Not having been judicially authorized, the Release and Waiver of Claim in the instant case is void and will not
bar private respondents from asserting their rights as heirs of the deceased.
Waiver is the intentional relinquishment of a known right. Where one lacks knowledge of a right, there is no
basis upon which waiver of it can rest. Ignorance of a material fact negates waiver, and waiver cannot be
established by a consent given under a mistake or misapprehension of fact.
In the present case, private respondents could not have possibly waived their successional rights because
they are yet to prove their status as acknowledged illegitimate children of the deceased. Petitioner himself
has consistently denied that private respondents are his co-heirs. It would thus be inconsistent to rule that
they waived their hereditary rights when petitioner claims that they do not have such right. Hence,
petitioner's invocation of waiver on the part of private respondents must fail.
While the original action filed by private respondents was a petition for letters of administration, the trial
court is not precluded from receiving evidence on private respondents' filiation. Its jurisdiction extends to
matters incidental and collateral to the exercise of its recognized powers in handling the settlement of the
estate, including the determination of the status of each heir.20 That the two causes of action, one to
compel recognition and the other to claim inheritance, may be joined in one complaint is not new in our
jurisprudence.
Cruz v. Cristobal, August 7, 2006
In this case, the baptismal certificates of Elisa, Anselmo, and the late Socorro were presented. Baptismal
certificate is one of the acceptable documentary evidence to prove filiation in accordance with the Rules of
Court and jurisprudence. In the case of Mercedes, who was born on 31 January 1909, she produced a
certification issued by the Office of the Local Civil Registrar of San Juan, Metro Manila, attesting to the fact
that records of birth for the years 1901, 1909, 1932 to 1939, 1940, 1943, and 1948 were all destroyed due to
ordinary wear and tear.
Petitioners likewise presented Ester Santos as witness who testified that petitioners enjoyed that common
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reputation in the community where they reside as being the children of Buevaventura Cristobal with his first
wife. Testimonies of witnesses were also presented to prove filiation by continuous possession of the status
as a legitimate child.
In contrast, it bears to point out that private respondents were unable to present any proof to refute the
petitioners’ claim and evidences of filiation to Buenaventura Cristobal.
The foregoing evidence thus suffice to convince this Court that petitioners are, indeed, children of the late
Buenaventura Cristobal during the first marriage.
Heirs of Maramag v. Maramag, June 5, 2009
Petitioners are third parties to the insurance contracts with Insular and Grepalife and, thus, are not entitled
to the proceeds thereof. Accordingly, respondents Insular and Grepalife have no legal obligation to turn over
the insurance proceeds to petitioners. The revocation of Eva as a beneficiary in one policy and her
disqualification as such in another are of no moment considering that the designation of the illegitimate
children as beneficiaries in Loreto’s insurance policies remains valid. Because no legal proscription exists in
naming as beneficiaries the children of illicit relationships by the insured, the shares of Eva in the insurance
proceeds, whether forfeited by the court in view of the prohibition on donations under Article 739 of the Civil
Code or by the insurers themselves for reasons based on the insurance contracts, must be awarded to the
said illegitimate children, the designated beneficiaries, to the exclusion of petitioners. It is only in cases
where the insured has not designated any beneficiary, or when the designated beneficiary is disqualified
by law to receive the proceeds, that the insurance policy proceeds shall redound to the benefit of the
estate of the insured.
Maloles II v. Phillips, January 31, 2000
Even if petitioner is the nearest next of kin of Dr. De Santos, he cannot be considered an "heir" of the
testator. It is a fundamental rule of testamentary succession that one who has no compulsory or forced heirs
may dispose of his entire estate by will. Thus, Art. 842 of the Civil Code provides:
One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person
having capacity to succeed.
One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of
this Code with regard to the legitimate of said heirs.
Petitioner, as nephew of the testator, is not a compulsory heir who may have been preterited in the
testator’s will.
Distribution of Legitimes
Legitimate children alone ½ of the estate divided equally
Legitimate children ½ of the estate divided equally
Surviving spouse Share equal to that of one legitimate child
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One legitimate child ½ of the estate divided equally Surviving spouse ¼ of the estate
Surviving spouse ¼ of the estate Illegitimate parents ¼ of the estate

Legitimate children ½ of the estate divided equally Illegitimate children alone ½ of the estate
Illegitimate children Share equal to ½ of one legitimate child, each
Illegitimate parents alone ½ of the estate
Legitimate children ½ of the estate divided equally
Illegitimate children (subject to reduction) Share equal to ½ of one legitimate child, each Rights involving compulsory heirs
Note: Totality of the inheritance must not exceed  Right to accept or reject inheritance: Acceptance depends solely upon the will of the heir
the free portion  There are no obligation on the part of a compulsory heir to receive the legitime.
Surviving spouse (preferred) Share equal to that of one legitimate child  Right to intervene in proceedings involving the inheritance: Only compulsory heirs whose rights have
been injured or prejudiced would be entitled to intervene in a case involving said property to protect
One legitimate child ½ of the estate divided equally their interests.
Illegitimate children (subject to reduction) Share equal to ½ of one legitimate child, each  Vested right to acquire the legitime: From the time of his birth, a person has a vested right to acquire
Note: Totality of the inheritance must not exceed the inheritance from his ascendants.
the free portion  BUT the transmission of rights to succession are transmitted from the moment of death of
Surviving spouse (preferred) ¼ of the estate decedent.
 Right to demand payment of legitime in form of property: Compulsory heir has no right to demand
Legitimate parents alone ½ of the estate that his legitime be paid in the form of property, real or personal, instead of being paid in cash, when no
property is available for the purpose.
 Value when payment in cash: Reckoned from the value at the moment of death of decedent.
Legitimate parents ½ of the estate
Illegitimate children ¼ of the estate
Compulsory heir can claim only what is lacking, to Heir is entitled to ask, not merely for the completion
fully satisfy such legitime. of his legitime, but for the annulment of the
Legitimate parents ½ of the estate
institution of heir.
Surviving spouse ¼ of the estate He cannot ask for annulment of the will itself except
dispositions to the extent that they are inofficious.
Legitimate parents ½ of the estate
Illegitimate children ¼ of the estate 8
RESERVA TRONCAL (Lineal, familiar, extraordinaria or semitroncal)
Surviving spouse 1/8 of the estate
Art. 891: The ascendant who inherits from his descendant any property which the latter may have acquired by
Surviving spouse alone GR: ½ of the estate gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may
XPN: 1/3 if marriage is in articulo mortis and has have acquired by operation of law for the benefit of relatives who are within the third degree and who belong
been living together as husband and wife for less to the line from which said property came.
than five year, and the decedent died within three
months after the celebration of the marriage Purpose of reserva troncal
XPN to XPN: ½ if marriage is in articulo mortis and 1. It is a special rule designated to assure the return of reservable property to the third degree relatives
has been living together as husband and wife for five belonging to the line from which the property originally came, and to avoid its being dissipated by the
years or more relatives of the inheriting ascendant.

Surviving spouse 1/3 of the estate

Illegitimate children 1/3 of the estate 8
For precise and concise discussion on reserve troncal, read Gonzales v. CFI, May 19, 1981
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2. It is to avoid the danger that property existing for many years in the family's patrimony might pass 2. Second transmission: Posterior transmission by operation of law, from the decedent in favor of another
gratuitously to outsiders through the accident of marriage and untimely death. ascendant or an ascendant belonging to another line, which two transmissions precede the reservation.
3. It is to bring back the property back to the line of origin. 3. Third transmission: Transmission of the same property from the reservor to the reservee or reservees.
4. It operates as a form of compensation for the lack of representation in the ascending line.
When is there reserva troncal?
Aglibot v. Mañalac, April 25, 1962
The land in question is reservable property in accordance with the provisions of Article 811 of the Spanish Civil
Code (Art. 891 of the New Civil Code). Both parties now admit that the entire parcel covered by Original
Certificate of Title No. 10 belonged to the conjugal partnership of the spouses Anacleto Mañalac and Maria
Aglibot; that upon the death of the latter on October 2, 1906, their only daughter, Juliana Mañalac, inherited one-
half of the property, the other pertaining to her father as his share in the conjugal partnership; that upon the
death of Juliana Mañalac on October 2, 1920 without leaving any descendant, her father inherited her one-half
portion of said property.

In accordance with law, therefore, Anacleto Mañalac was obliged to reserve the portion he had thus inherited
from his daughter, for the benefit of appellees, Leona and Evarista Aglibot, aunts of Juliana on the maternal side
and who are, therefore, her relative within the third degree belonging to the line from which said property came.

Solivio v. CA, February 12, 1990

The property of the deceased, Esteban Javellana, Jr., is not reservable property, for Esteban, Jr. was not an
ascendant, but the descendant of his mother, Salustia Solivio, from whom he inherited the properties in question.

Therefore, he did not hold his inheritance subject to a reservation in favor of his aunt, Celedonia Solivio, who is his
relative within the third degree on his mother's side. The reserva troncal applies to properties inherited by an
ascendant from a descendant who inherited it from another ascendant or 9 brother or sister. It does not apply to
property inherited by a descendant from his ascendant, the reverse of the situation covered by Article 891.

Requisites of reserva troncal

1. A property (reservable property) was acquired or inherited by a descendant by gratuitous title (i.e. by
donation or succession, testate or intestate) from an ascendant or by an individual from a (half) brother
or (half) sister (source or origin)
2. The descendant or individual (prepositus) died without legitimate issue or heir in the direct descending
line
3. The property was inherited by another ascendant of the descendant or by an ascendant of the
individual, belonging to another line, by operation of law (i.e. by intestate succession or by way of
legitime in testamentary succession)
4. There are relatives within the third degree from the descendant belonging to the "line from which said
property came."

Three transmissions involved

1. First transmission: By gratuitous title, from an ascendant or (half) brother or sister to the decedent
(descendant/ brother or sister)

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1. The property was acquired by a person (PREPOSITUS) from an ascendant, brother or sister (ORIGIN)  He is the one obliged to reserve
 By gratuitous title (First transfer)  The reserva arises only at the time the reservista receives the property from the prepositus.
a) By donation  Upon the reservista's death, the property passes by strict operation of law according to the rules of
b) By any kind of succession intestate succession to the proper reservatarios
 Note: No inquiry is to be made beyond the ORIGIN. It does not matter who the owner of the property
was before it was acquired by the Origin. What is the nature of reservista's right?
2. That said person dies without legitimate issue/descendants 1. The reservista's right over the property is one of ownership.
 Only a legitimate descendant will prevent the legitimate ascendant from inheriting by operation by law. 2. The ownership is subject to a resolutory condition: the existence of reservatarios at the time of the
3. That the property is inherited by another ascendant (RESERVISTA) reservista's death
 By operation of law (Second transfer)  The right of reservista terminates upon the happening of the resolutory condition.
a) By legitimes 3. The right of ownership is alienable (subject to the same resolutory condition)
b) By intestacy 4. The reservista's right of ownership is registrable.
 Note: It is the Second transfer that creates the reserve
4. That there are relatives (RESERVATARIOS) within the 3rd degree (from prepositus) belonging to the line Edroso v. Sablan, September 13, 1913
from which said property came. The reservista obtains absolute ownership over the reservable property if:
 Note: Here, there is a Third transfer as the effect of reserve 1. There be NO relatives within the 3rd degree in the line from which the property came, OR
5. Note: All the relationships among the parties must be legitimate. The provisions of Art. 891 apply only 2. Said relatives die before the reservista (subject to right of representation within 3rd degree)
to legitimate relatives.
Gonzales v. CFI
Who are the parties involved in the reserva troncal? Does the reservista have the power to appoint, by will, who among the reservatarios will get the reservable
ORIGIN property?
 The transferor in the first transfer
 The ascendant, brother or sister of the prepositus NO, because the reserved property does not form part of her estate.
 THUS the reservista may not convey by will to the reservatarios within the 3rd degree and bypass the
Note: In case of brother or sister, there are two schools of thought: reservatarios within 2nd degree the reserved property.
1. That the relationship must be half-blood because if it is full-blood, it would not be possible to identify
the line of origin, either paternal or maternal. RESERVATARIOS
2. There is no need to distinguish between full or half-blood brother or sister.  The relatives benefited
 The reserva is in favor of a class collectively
PREPOSITUS  Two requisites:
 The first transferee 1. Must be within the 3rd degree of consanguinity from the prepositus
 The descendant, brother or sister of the origin 2. Must belong to the line from which the property came.
 Receives the property from the origin by gratuitous title
 While the property is with the prepositus, there is still no reserva Rule: Reservatarios need not be alive when the reserva is created. This is because the reserva is in favor of a class.
 He is the arbiter of the reserva (Sanchez Roman)  As long as the reservatario is alive at the time of the reservista's death, even if conceived and born after
the prepositus' death.
He still has all the rights of ownership and may prevent the reserva from arising by:
1. Substituting or alienating the proeprty From whom do reservatarios inherit?
2. Bequeathing (through a will) or devising it to either the potential reservista or to 3rd persons  Prepositus not reservista
3. Partitioning it and assigning it to parties other than the potential reservista
Nieva v. Alcala, October 27, 1920
RESERVISTA Issue: Whether or not an illegitimate relative within the third degree is entitled to the reserva troncal provided
 The other ascendant of the prepositus of whatever degree for by article 811 of the (Old) Civil Code.

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Persons in whose favor the reservation is established. — XXX The reservation is established in favor of the parents
who are within the third degree and belong to the line from which the properties came.
"It treats of blood relationship, which is applicable to questions on succession, according to articles 915 to 920. It
could not be otherwise, because relationship by affinity is established between each spouse and the family of the
other, by marriage, and to admit it, would be to favor the transmission of the properties of the family of one
spouse to that of the other, which is just what this article intends to prevent.
"It also treats of legitimate relationship. The person obliged to reserve is a legitimate ascendant who inherits
from a descendant property which proceeds from the same legitimate family, and this being true, there can be no
question, because the line from which the properties proceed must be the line of that family and only in favor of
that line is the reservation established. Furthermore, we have already said, the object is to protect the patrimony
of the legitimate family, following the precedents of the foral law. And it could not be otherwise. Article 943
denies to legitimate parents the right to succeed the natural child and vice versa, from which it must be deduced
that natural parents neither have the right to inherit from legitimate ones; the law in the article cited establishes a
barrier between the two families; properties of the legitimate family shall never pass by operation of law to the
9
natural family."
Tioco v. Camacho, Sept. 24, 1986
ISSUE: Whether Camacho (niece of the prepositus) excluded the plaintiffs (aunt and uncles of the prepositus) in
inheriting over the reservable property.
YES. The Court held that defendant-appellant Dalisay Tongko-Camacho is entitled to the entirety of the
reversionary property to the exclusion of the plaintiffs-appellees.
Reversion of the reservable property being governed by the rules on intestate succession, the plaintiffs-appellees
must be held without any right thereto because, as aunt and uncles, respectively, of Faustino Dizon (the
praepositus), they are excluded from the succession by his niece, the defendant-appellant, although they are
related to him within the same degree as the latter.
Other discussions:
Reserva vis-a-vis intestate succession: The stated purpose of the reserva is accomplished once the property has
devolved to the specified relatives of the line of origin. But from this time on, there is no further occasion for its
application. In the relations between one reservatario and another of the same degree there is no call for applying
Art. 891 any longer; wherefore, the respective share of each in the reversionary property should be governed by
the ordinary rules of intestate succession.
Right of representation in RT: The right of representation cannot be alleged when the one claiming same as a
reservatario of the reservable property is not among the relatives within the third degree belonging to the line
from which such property came. Relatives of the fourth and the succeeding degrees can never be considered as
9 Note: The reserva troncal merely determines the group of relatives (r'ios) to whom the property should be
Ruled in the advent of the Old Civil Code.
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reservatarios, since the law does not recognize them as such.
There is right of representation on the part of reservatarios who are within the third degree mentioned by law, as
in the case of nephews of the deceased person from whom the reservable property came.
Summary: The reserva troncal merely determines the group of relatives reservatarios to whom the property
should be returned; but within that group, the individual right to the property should be decided by the applicable
rules of ordinary intestate succession, since Art. 891 does not specify otherwise.
Cano v. Director
The resarvatarios are not the reservista's successors. The reservatarios receive the property as a conditional heir
of the prepositus since the property is merely reverting to the line of origin from which it had temporarily and
accidentally strayed during the reservista's lifetime.
Since the reservatarios nearest to the prepositus becomes automatically and by operation of law the owner of
the reserved property without need of estate proceedings.
What is the nature of resarvatarios right?
1. The resarvatarios have a right of expectancy over the property
2. The right is subject to a suspensive condition (the expectancy will ripen into ownership only if the
resarvatarios survive the reservista)
3. The right is alienable (subject to the same suspensive condition)
4. The reservatarios right is registrable
Sienes v. Esparcia
The reserva constitutes a real right which the reservatarios may alienate and dispose of, conditionally, the
condition being that the alienation shall transfer ownership to the buyer if and only if the reservatarios survive
the reservista.
Any sale made by the reservatario prior to the death of the reservista became effective because of the occurrence
of suspensive condition (survival of the reservatarios)
Is there a preference among reservatarios?
 YES, the rules of intestate succession are followed, the reservations nearer in degree to the prepositus
will exclude those more remotely related.
 There is no equal sharing in the class
Padura v. Baldovino
Upon the death of the ascendant reservista, the reservable property should pass, NOT to ALL the reservatarios as
a class, but only to those nearest in degree to the descendant-prepositus, excluding the reservatarios of a more
remote degree.

returned, but within that group, the individual right to the property should be decided by the applicable rules of
ordinary intestate succession since Art. 891 does not specify otherwise
Can there be representation among r'ios?
 Yes.
 Tip: There is only one instance of representation among r'ios. What? In case of the prepositus being
survived by his brother or sister and children of a predeceased or incapacitated brother or sister.
Florentino v. Florentino
The right of representation cannot be alleged when the one claiming the same as a reservatario is not
among the relatives within 3rd degree belonging to the same line from which the property came.
There is a right of representation on the part of the reservatarios who are within 3rd degree, as in the
case of nephew and nieces of the deceased from whom the reservable property came.
Gonzales v. CFI
The reservatarios do not inherit from he reservista but from the descendant prepositus, of whom the
reservatarios are the heirs mortis causa, subject to the condition that they must survive the reservista.
What kind of property may be included in the reserva troncal?
 Any kind.
 Movable or immovable, fungible or infungible, fruit-bearing or not, corporeal or incorporeal.
 Money? YES, provided it is in a form of deposit.
May the property be substituted?
 NO. If the prepositus substitutes the property (by selling, barter or exchange), then the substituted
property will not be reservable.
 After all the prepositus has the power to decide if a reserva will arise. The prepositus has plenary
powers of ownership.
 Remember: The reserva commences only when the property is received by the reservista.
Sumaya v. IAC, 201 S 178
ISSUE: Whether or not the affidavit of self-adjudication executed by Consuelo stating the source of the properties
thereby showing the reservable nature of the properties is sufficient annotation of the reservable nature of the
same.
NO. The Court disagreed with the disposition of the appellate court that there is no need to register the
reservable character of the property, if only for the protection of the reservees (reservatarios), against innocent
third persons.
In this case, the affidavit of self adjudication executed by Consuelo vda. de Balantakbo which contained a
statement that the property was inherited from a descendant, Raul, which has likewise inherited by the latter
from another ascendant, was registered with the Registry of Property. The failure of the Register of Deeds to
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annotate the reservable character of the property in the certificate of title cannot be attributed to Consuelo.
As to the sale of subject properties, the Court affirmed the order of lower courts against plaintiff Agro Industrial
Coconut Cooperative to convey the subject properties back to reservatarios. The Court held that there is sufficient
proof that the petitioners had actual knowledge of the reservable character of the properties before they bought
the same from Consuelo as evidenced by the Deed of Sale executed by the parties.
Moreover, the Court a quo found that the petitioners and private respondents were long time acquaintances and
that they knew all along that the properties litigated in this case were inherited by Raul Balantakbo from his father
and from his maternal grandmother, and that Consuelo Vda. de Balantakbo inherited these properties from his
son Raul.
Other discussions:
Nature of reservable character: The reservable character of a property is but a resolutory condition of the
ascendant reservor's right of ownership.
If condition is fulfilled: If the condition is fulfilled, that is, if upon the ascendant reservor's death there are
relatives having the status provided in Article 811 (Art. 891, New Civil Code), the property passes, in accordance
with this special order of succession, to said relatives, or to the nearest of kin among them.
If condition not fulfilled: But if this condition is not fulfilled, the property is released and will be adjudicated in
accordance with the regular order of succession. The fulfillment or non-fulfillment of the resolutory condition, the
efficacy or cessation of the reservation, the acquisition of rights or loss of the vested ones, are phenomena which
have nothing to do with whether the reservation has been noted or not in the certificate of title to the property.
Purpose of annotation:
1. The purpose of the notation is nothing more than to afford to the persons entitled to the reservation, if
any, due protection against any act of the reservor, which may make it ineffective.
2. The act of registration shall be the operative act to convey or affect the land insofar as third persons are
concerned.
Purchaser in value, effect: The reservable character of a property may be lost to innocent purchasers for value.
Right of reservatarios commences: The cause of action of the reservees (R's) did not commence upon the death
of the propositus Raul Balantakbo on June 13, 1952 but upon the death of the reservor (R's) Consuelo Vda. de
Balantakbo on June 3, 1968.
Right of ownership over reserved properties:
 No right of ownership during the lifetime of the reservor.
 Only when the reservista should die before the reservees will the latter acquire the reserved property,
thus creating a fee simple, and only then will they take their place in the succession of the descendant of
whom they are relatives within the third degree
RT extinguished: The reserva is extinguished upon the death of the reservor, as it then becomes a right of full
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ownership on the part of the reservatarios, who can bring a reivindicatory suit therefor. RESERVA MAXIMA RESERVA MINIMA
The property from the Origin (the whole of which) s Take the proportion from both kinds of properties
Gonzales v. CFI, 104 S 179 subject to reserva. You have to fit as much of the (both from the Origin and his own Acquisition).
ISSUE: Whether Mrs. Legarda, as reservor, could convey the reservable properties by will or mortis causa to the reservable property into the 1/2 legitime.
reservees within the third degree (her sixteen grandchildren) to the exclusion of the reservees in the second 1/2 from the Origin's property and 1/2 from own-
degree, her three daughters and three sons. acquired property.
As much as of the potentially reservable property as Every single property (regardless if origin or own-
NO. Mrs. Legarda could not convey in her holographic will to her sixteen grandchildren the reservable properties possible must be deemed included in that part that acquired) will pass partly by operation of law, and
which she had inherited from her daughter Filomena because the reservable properties did not form part of her passes by operation by law. partly by the will, in the same proportion that the
estate. The reservor cannot make a disposition mortis causa of the reservable properties as long as the reservees part given by the will bears in relation to the part not
survived the reservor. given.

Article 891 clearly indicates that the reservable properties should be inherited by all the nearest relatives within Note: There may be other portions reservable
the third degree from the prepositus who in this case are the six children of Mrs. Legarda. She could not select the depending on how much the prepositus institutes in
reservees to whom the reservable property should be given and deprive the other reservees of their share favor of the ascendant reservista.
therein.
Reserva Minima is more accepted in the Philippines
To allow the reservor in this case to make a testamentary disposition of the reservable properties in favor of the
reservees in the third degree and, consequently, to ignore the reservees in the second degree would be a glaring Rights of reservista
violation of article 891. 1. He has the legal title and dominion to the property
2. He has the right of full use and enjoyment of the property during his lifetime
RESERVA MAXIMA & RESERVA MINIMA 3. He may alienate or encumber it subject to reservation

Requisites: Effects of alienation by the reservista

1. If the prepositus makes a will instituting the ascendant-reservista to the whole or part of the free
portion; AND
2. There is a mixture of properties: there is left in prepositus' estate, upon his death, property reservable
and property not reservable
Example:
 If the prepositus institutes the reservista, who is also a compulsory heir to 1/2 of his (P) estate but his
estate has mixed properties. Note that P has no legitimate issue but he has reservatarios such as
brothers or sisters.
 In that case, 1/2 of P's estate goes to the reservista as legitime, the other 1/2 goes to reservista by virtue
of the will. In effect, the whole estate is given to the ascendant-reservista.
 However, note that prepositus has mixed properties. The problem arises as to which the properties the
reserva is created.
1. The alienation of reservista transmits only his revocable and conditional ownership.
 When revoked: The transferee's rights are revoked upon the survival of the reservees at the
time of the death of the reservor
 When indefeasible: When all the reservees predecease the reservista subject to right of
representation when proper
2. If the reservable property is registered land and its reservable character is not annotated, the transferee
in good faith and for value acquires a good title free from the reserva without prejudice to the right of
reservee to be indemnified by the reservor's estate.
3. If there are no reservees at the time of the reservor's death, the transferee's title would become
absolute.
4. Where the reservor caused the registration of an affidavit of self-adjudication of the property in
question upon the death of the prepositus and later sold the property, the purchaser cannot be
considered an innocent purchaser for value.

Obligations of reservista
1. To make an inventory of the reservable property, indicating its condition and value
 Value, as mentioned here, is the limit of liability of the reservista.
2. To annotate the reservable character of real property in the Registry of Deeds within 90 days from the
time he receives the inheritance or from the judicial adjudication to him of the property

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3. To furnish a bond, security or mortgage to answer the return of property or its value (caucion)  Absolute title consolidates to reservista (from the date of death of last reservatario)
4. To preserve the property for the reservatarios 3. Renunciation by ALL the reservatarios (but a future reservatarios is not bound by such renunciation
THUS conditional extinguishment)
Rules as to preservation 4. Total loss of the reserved property (whether fortuitous or not)
1. The reservista may not dispose the reservable property mortis causa so long as there are reservatarios  IF with fault or negligence of the reservista: obligation to deliver the reserved property is
existing. converted to obligation to pay indemnity (or forfeit caucion)
 BUT reservista can return the property to the reservatarios prior to his death, but he cannot  IF loss due to exercise of eminent domain: just compensation substitutes the property thus
be compelled by the latter. the same is reservable
2. Neither may he substitute or exchange it 5. Confusion or merger of rights between reservista and reservatarios
 XPN: Except when absolutely inevitable like if property consists of fungible goods or things 6. Prescription or adverse possession
which deteriorate  Prescriptive period only runs at the moment of death of reservista
 Immovable property
Rights of reservatarios a) GF - 10 years
b) BF - 30 years
Before the death of the reservista  Movable property
1. To compel the annotation of the reservable character of real property if the reservor had failed to a) GF - 4 years
register the same within 90-day period b) BF - 8 years
2. To demand the giving of security (caucion) by the reservor  Rules:
3. To alienate his rights as reservatario by an act inter vivos or mortis causa a) If 3rd person - can be GF or BF
 Note: As long as the reservista is alive, they cannot impugn any alienation or encumbrance effected by b) If heirs of reservista - always BF
him. 7. Conveyance to an innocent purchaser for value in good faith
 Failure to annotate extinguishes reserva to an innocent 3rd person who is a purchaser in
After the death of reservista value.
1. To take the reservable property, if he is the reservee nearest in the degree of relationship to the
prepositus Chua v. CFI, August 31, 1977
2. To recover the property from the transferee chargeable with knowledge of its reservable character It must be remembered that the petitioners herein are claiming as reservees did not arise until the time the
3. To hold the reservista's estate liable for loss or deterioration of the property or any damage to it due to reservor, Consolacion de la Torre, died in March 1966. When the petitioners therefore filed their complaint
the fault of the reservor to recover the one-half (1/2) portion of Lot 399, they were very much in time to do so.
4. To foreclose the mortgage or go after any bond or security, if any, that has been given by the reservor
5. In the case of nephews and nieces of the prepositus, to have the right of representation Other discussion:

Other effects of reservista's death
1. The ownership and enjoyment of the property are consolidated in the reservee.
 The rules on usufruct may be applied with respect to improvements existing on the property
at the termination of the reserva.
2. The inchoate right to property of the reservee becomes a definite and perfect right over it.
 Intestacy is not necessary since transmission takes place by operation of laws.
3. Obligation to deliver the property to the reservee was transferred to the heirs of reservor
4. The property ceases to be part of the reservor's estate
5. The reserva is extinguished and reservee acquired full right of ownership
How is reserva troncal extinguished?
1. Death of reservista
2. Death of all reservatarios prior to death of reservista.
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"The transmission is gratuitous or by gratuitous title when the recipient does not give anything in return." It
matters not whether the property transmitted be or be not subject to any prior charges; what is essential is
that the transmission be made gratuitously, or by an act of mere liberality of the person making it, without
imposing any obligation on the part of the recipient; and that the person receiving the property gives or does
nothing in return.
It does not matter if later the court orders one of the heirs, in this case Juanito Frias Chua, to pay the
Standare oil co. of New York the amount of P3,971.20. This does not change the gratuitous nature of the
transmission of the property to him. This being the case the lot in question is subject to reserva troncal under
Art. 891 of the New Civil Code.
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 Animus testandi: intent to dispose of property effective after death.

 Gratuitous intent on the part of the testator to transmit title or ownership effective mortis causa.
 No property belonging to the estate or any portion thereof may be conveyed in the absence of
animus testandi.
TESTAMENTARY SUCCESSION 6. It is a unilateral act.
 Expressive of the sole intent and discretion of the testator as to how the property shall be
 Testamentary succession takes place by way of a valid will. distributed and disposed of after his demise.
 Must comply on the rules on legitime.  Consent of another is totally unnecessary in will making.
 Joint will: a will of two or more persons by the same action, in the same instrument,
Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control simultaneously executed either for their mutual or reciprocal benefit or for the benefit of a third
to a certain degree the disposition of his estate, to take effect after his death. person, and is considered void whenever executed
 A will is an instrument of conveyance of property. o Rationale for prohibition:
 In this kind of succession, persons not entitled by law to inherit, may inherit. a) To protect creditors; and
b) To protect one of the parties from being unduly influenced or coerced into the making
10 thereof.
Characteristics of a will:
1. It is a strictly personal act; o It would entail unnecessary expense and inconvenience to have the will submitted ofr
2. It is an individual and unilateral act; probate.
3. It is a free and voluntary act; o If solemnized validly abroad, lex loci celebrationis will not apply.
4. It is a formal and solemn act;  NOT joint wills:
5. It is a disposition of property; 1. Those made on a single sheet of paper, the first on the front, the second on the reverse side
6. It is an act mortis causa; and (there are two wills here).
7. It is ambulatory and revocable during the testator’s lifetime. 2. Those made even on the same page with or without a dividing line between them, but neither
combining the signature of BOTH together (there are two wills here which are independent of each
11 other.
Characteristics of testamentary act: ability of making a will
1. It is a mere statutory right.
 Proceeds only from recognition accorded by law to the owner of the property. Dacanay v. Florendo, September 19, 1950
 The making of a will is with strict requirements as to form and substantial requirements as to The prohibition of article 669 of the Civil Code is directed against the execution of a joint will, or the
stipulations. expression by two or more testators of their wills in a single document and by one act, rather than against
 Note: Enactment of law abolishing notarial or holographic wills will not affect those already created mutual or reciprocal wills, which may be separately executed.
prior to the said enactment.
2. It is a free and voluntary act. The provision of article 669 of the Civil Code prohibiting the execution of a will by two or more persons
 To make a will, one must be legally capacitated whose consent was not vitiated at all at the time conjointly or in the same instrument either for their reciprocal benefit or for the benefit of a third person, is
execution. not unwise and is not against public policy. The reason for this provision, especially as regards husband and
3. It is ambulatory. wife, is that when a will is made jointly or in the same instrument, the spouse who is more aggressive,
 The will is revocable during the lifetime of the testator. stronger in will or character and dominant is liable to dictate the terms of the will for his or her own benefit
4. It is effective mortis causa. or for that of third persons whom he or she desires to favor. And, where the will is not only joint but
 Prior to death and even in the presence of a completed will, the heirs mentioned do not acquire reciprocal, either one of the spouses who may happen to be unscrupulous, wicked, faithless or desperate,
actual right until the death of the testator. knowing as he or she does the terms of the will whereby the whole property of the spouses both conjugal
 Acceptance made by an heir during the lifetime of the testator is without effect. and paraphernal goes to the survivor, may be tempted to kill or dispose of the other.
5. The making of a will must be attended with animus testandi.
De La Cerna v. Potot, December 23, 1964
The appealed decision correctly held that the final decree of probate, entered in 1939 by the Court of First
10
Jurado. Instance of Cebu (when the testator, Bernabe de la Cerna, died), has conclusive effect as to his last will and
11
From Atty. Reyes’ discussion.
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testament despite the fact that even then the Civil Code already decreed the invalidity of joint wills, whether
in favor of the joint testators, reciprocally, or in favor of a third party (Art. 669, old Civil Code). The error thus
committed by the probate court was an error of law, that should have been corrected by appeal, but which
did not affect the jurisdiction of the probate court, nor the conclusive effect of its final decision, however
erroneous.
But the Court of Appeals should have taken into account also, to avoid future misunderstanding, that the
probate decree in 1989 could only affect the share of the deceased husband, Bernabe de la Cerna.
It follows that the validity of the joint will, in so far as the estate of the wife was concerned, must be, on her
death, reexamined and adjudicated de novo, since a joint will is considered a separate will of each testator.
Thus regarded, the holding of the court of First Instance of Cebu that the joint will is one prohibited by law
was correct as to the participation of the deceased Gervasia Rebaca in the properties in question.
The undivided interest of Gervasia Rebaca should pass upon her death to her heirs intestate, and not
exclusively to the testamentary heir, unless some other valid will in her favor is shown to exist, or unless she
be the only heir intestate of said Gervasia.
12
7. It is a purely personal act.
 The making of a will is expressive of the intent and desire of the testator, thus it cannot be
delegated to a third person.
 If delegated to another person, the provision shall be invalid.
 The following cannot be delegated:
a) The determination/designation of the heirs who will inherit.
13
b) The determination of the efficacy/duration of such designation.
14
c) The determination as to whether or not the testamentary provision shall be operative.
d) The determination of the portions that will be given to an heir if named or designated an
specific property left to a group or class identified by the testator.
 The following can be delegated:
a) The mechanical act of drafting a notarial will.
o This presupposes that the notarial will is expressive of the desire of the testator.
b) The act of signing or the affixing of the signature of the testator in notarial will if for some
reason, the testator cannot personally sign.
o The testator is authorized by law to appoint someone to sign in the presence of the
testator under the direction of the latter.
12
Art. 784. The making of a will is a strictly personal act; it cannot be left in whole or in part to the discretion of a
third person, or accomplished through the instrumentality of an agent or attorney.
13
Art. 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the
portions which they are to take, when referred to by name, cannot be left to the discretion of a third person.
14
Art. 787. The testator may not make a testamentary disposition in such manner that another person has to
determine whether or not it is to be operative.
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c) The determination of the distribution and delivery of the property given by the testator to a
15
person or a group of persons.
o The determination of who belongs to the group may designated by the testator to
another person, or in default thereof, by the ad hoc committee of three:
i. Municipal/city mayor;
ii. M/C treasurer;
iii. Judge
d) The determination of the specific portions that will pass to a particular person or heir
belonging to the same group or class.
o The testator has already completed the testamentary act of making a will; what he
entrusts to the third person are merely the details thereof in order to make the devise or
legacy more effective.
Rabadilla v. CA, June 29, 2000
In the interpretation of Wills, when an uncertainty arises on the face of the Will, as to the application of any
of its provisions, the testator's intention is to be ascertained from the words of the Will, taking into
consideration the circumstances under which it was made. Such construction as will sustain and uphold the
Will in all its parts must be adopted.
Subject Codicil provides that the instituted heir is under obligation to deliver One Hundred (100) piculs of
sugar yearly to Marlena Belleza Coscuella. Such obligation is imposed on the instituted heir, Dr. Jorge
Rabadilla, his heirs, and their buyer, lessee, or mortgagee should they sell, lease, mortgage or otherwise
negotiate the property involved. The Codicil further provides that in the event that the obligation to deliver
the sugar is not respected, Marlena Belleza Coscuella shall seize the property and turn it over to the
testatrix's near descendants. The non-performance of the said obligation is thus with the sanction of seizure
of the property and reversion thereof to the testatrix's near descendants. Since the said obligation is clearly
imposed by the testatrix, not only on the instituted heir but also on his successors-in-interest, the sanction
imposed by the testatrix in case of non-fulfillment of said obligation should equally apply to the instituted
heir and his successors-in-interest.
Similarly unsustainable is petitioner's submission that by virtue of the amicable settlement, the said
obligation imposed by the Codicil has been assumed by the lessee, and whatever obligation petitioner had
become the obligation of the lessee; that petitioner is deemed to have made a substantial and constructive
compliance of his obligation through the consummated settlement between the lessee and the private
respondent, and having consummated a settlement with the petitioner, the recourse of the private
respondent is the fulfillment of the obligation under the amicable settlement and not the seizure of subject
property.
Suffice it to state that a Will is a personal, solemn, revocable and free act by which a person disposes of his
15
Art. 786. The testator may entrust to a third person the distribution of specific property or sums of money that
he may leave in general to specified classes or causes, and also the designation of the persons, institutions or
establishments to which such property or sums of money are to be given or applied.
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property, to take effect after his death.25 Since the Will expresses the manner in which a person intends does the mechanical work of writing the will is a matter of indifference. The fact, therefore, that in this case
how his properties be disposed, the wishes and desires of the testator must be strictly followed. Thus, a the will was typewritten in the office of the lawyer for the testratrix is of no consequence.
Will cannot be the subject of a compromise agreement which would thereby defeat the very purpose of
making a Will. Rules in the interpretation of wills

Reyes v. CA, October 20, 1997
We agree with the Court of Appeals that the trial court relied on uncorroborated testimonial evidence that
Asuncion Reyes was still married to another during the time she cohabited with the testator. The testimonies
of the witnesses were merely hearsay and even uncertain as to the whereabouts or existence of Lupo Ebarle,
the supposed husband of Asuncion. Thus:
The foregoing testimony cannot go against the declaration of the testator that Asuncion "Oning" Reyes is his
wife.
Considering that the oppositors never showed any competent evidence, documentary or otherwise during
the trial to show that Asuncion "Oning" Reyes' marriage to the testator was inexistent or void, either because
of a pre-existing marriage or adulterous relationship, the trial court gravely erred in striking down paragraph
II (a) and (b) of the subject Last Will and Testament, as void for being contrary to law and morals. Said
declarations are not sufficient to destroy the presumption of marriage. Nor is it enough to overcome the very
declaration of the testator that Asuncion Reyes is his wife.
A will is the testator speaking after death. Its provisions have substantially the same force and effect in the
probate court as if the testator stood before the court in full life making the declarations by word of mouth
as they appear in the will. That was the special purpose of the law in the creation of the instrument known
as the last will and testament. Men wished to speak after they were dead and the law, by the creation of
that instrument, permitted them to do so. . . . All doubts must be resolved in favor of the testator's having
meant just what he said.
Art. 788. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation
by which the disposition is to be operative shall be preferred.
 Rule: Testacy is preferred to intestacy, since testacy is the express will of the decedent, while intestacy
is merely implied.
 Ut res magis valeat quam pereat: That the thing may rather be effective than be without effect.
 Applicability of rule: This rule applies only in case of doubt.
 It is beyond the power of the Court to inquire into the fairness or unfairness of any bequest
nor sit in judgment upon the motives and sentiments of the testator (subject to rules on
legitimes)
 If will plainly illegal: Where the disposition is clearly illegal, the courts are not permitted to
read into it a meaning contrary to its plain and ordinary sense in order to save it from nullity.
Art. 789. When there is an imperfect description, or when no person or property exactly answers the
description, mistakes and omissions must be corrected, if the error appears from the context of the will or from
extrinsic evidence, excluding the oral declarations of the testator as to his intention; and when an uncertainty
arises upon the face of the will, as to the application of any of its provisions, the testator's intention is to be
ascertained from the words of the will, taking into consideration the circumstances under which it was made,
excluding such oral declarations.
Ambiguity
 Capable of more than one meaning

Petitioners tried to refute this conclusion of the Court of Appeals by presenting belatedly a copy of the Two kinds of ambiguity
marriage certificate of Asuncion Reyes and Lupo Ebarle. Their failure to present the said certificate before the Latent or Intrinsic Ambiguity Patent or Extrinsic Ambiguity
probate court to support their position that Asuncion Reyes had an existing marriage with Ebarle constituted Latere: to be hidden Patere: to be open, obvious, evident
a waiver and the same evidence can no longer be entertained on appeal, much less in this petition for Ambiguity that s not obvious on the face of the will Ambiguity that is obvious in the face of the will
review. Examples: Examples:
1. When there is an imperfect description 1. Devise of a parcel of land without any
Castañeda v. Alemany, March 19, 1904 (devise of a parcel of land located at description
The evidence in this case shows to our satisfaction that the will of Doña Juana Moreno was duly signed by Despicable Street to my nephew Gru, and it 2. To "two of my four brothers"
herself in the presence of three witnesses, who signed it as witnesses in the presence of the testratrix and of turned out that the testator has two parcels
each other. It was therefore executed in conformity with law. of land in the said street or two nephews
named Gru)
There is nothing in the language of section 618 of the Code of Civil Procedure which supports the claim of the 2. When no person or property exactly answers
appellants that the will must be written by the testator himself or by someone else in his presence and under the description (Gru is a grandchildren and
his express direction. That section requires (1) that the will be in writing and (2) either that the testator sign it not nephew, or the land area of property
himself or, if he does sign it, that it be signed by someone in his presence and by his express direction. Who described is 106 sq.m. instead of 160 sq.m.)

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IN EITHER CASE, the ambiguity of a will is NOT a ground to avoid it. It must be cleared up and resolved, not
stricken down.
 Testacy is preferred to intestacy. We must give effect to the testamentary disposition.
How to deal with ambiguities:
 Ascertain the intention of the testator
 Any admissible and relevant evidence may be used to clear up the meaning and discover the intention
of the testator EXCEPT oral declarations of testator.
 Use extrinsic (parol) evidence or intrinsic evidence
What happens if in spite of the evidence the ambiguity remains?
 The will is VOID.
Parol Evidence Rule
 It allows parol evidence to explain an intrinsic (not extrinsic) ambiguity in a will.
 BUT testimonial evidence regarding the oral declarations of the testator as to his intention is NOT
admissible.
Art. 790. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to
use them in another sense can be gathered, and that other can be ascertained.
Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary
intention, or unless it satisfactorily appears that he was unacquainted with such technical sense.
Art. 791. The words of a will are to receive an interpretation which will give to every expression some effect,
rather than one which will render any of the expressions inoperative; and of two modes of interpreting a will,
that is to be preferred which will prevent intestacy.
Intent of the testator to govern
 Cardinal rule in the construction of wills: The intent of the testator.
 Intent is the "life and soul of a will."
 It must govern in the interpretation of his will and testament provided it is not contrary to law, good
customs, public order, or public policy.
 Ordinary words: Should be taken in their ordinary and grammatical sense unless the meaning intended
by the testator is otherwise and that meaning can be ascertained.
 Technical words: To be taken in their technical sense unless a contrary intention clearly appears or the
will (holographic will) was drafted by the testator alone who was not familiar with such technical sense.
What is the effect if a will is drafted by a lawyer?
 The will is to be construed by some strictness, attributing to the words their accepted technical legal
meaning, the testator being presumed to have acted in the light of the settled meaning which the law
has attached to his words.
Circumstances surrounding the execution of will
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 Where the language of the will is ambiguous or doubtful, the Court should take consideration the
situation of the testator and the facts and circumstances surrounding him at the time the will was
executed.
Doubtful language to be subordinated to intention
 Requisites: Intention clear, language obscure.
Rodriguez v. CA, 27 S 546
Rule: The language will be subordinated to the intention, and in order to give effect to such intention, as far
as possible, the court may depart from the strict wording and read a word or phrase in a sense different from
that which is ordinarily attributed to it, and for such purpose may mold or change the language of the will,
such as restricting its application or supplying omitted words or phrases.
Intention of the testator to be gathered from entire instrument
 A will must be interpreted as a whole and the intention of the testator be gathered not from particular
words or phrases but from the entire instrument.
Art. 792. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the
other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if
the first invalid disposition had not been made.
Severability principle; rule and exception
 GR: If one provision of a will is invalid, such fact will not affect the validity of other provisions which may
exist separately from said invalid provision.
 XPN: When it can be presumed from the language of the will that the testator would not have made the
valid provision without the invalid one.
Art. 793. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it
at the time of making the will, should it expressly appear by the will that such was his intention.
Property acquired by the testator after making a will
 Rule: Said properties will only pass if such is the testator's intention as expressly appears in his will.
 If no such express statement in the will, the properties shall pass by intestate succession
unless a subsequent will or codicil is made disposing go said properties.
 Rule: This article applies ONLY to devisees and legatees.
 Problem with this article:
1. It makes the will speak as of the time it is made, and not at the time of the decedent's death.
2. Obviously the effects of a will operate only at the time of the death, because you do not make
a will to take effect NOW!
Art. 794. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the
property disposed of, unless it clearly appears from the will that he intended to convey a less interest.
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Rule as to what a devisee or legatee can get Civil Code states that the will of an alien who is abroad produces effect in the Philippines if made in
 GR: In legacy or devise, the testator gives exactly the interest he has in the thing. accordance with the formalities prescribed by the law of the place where he resides, or according to the
 XPN: He can give a lesser interest (Art. 794) or a greater interest (Arts. 929 and 931) formalities observed in his country.
 Greater interest:
1. A testator may bequeath a thing in its entirety to a devisee or legatee even if he owns only a Our rules require merely that the petition for the allowance of a will must show, so far as known to the
part of or an interest in the thing bequeathed. (Art. 929) petitioner:
2. A testator may bequeath a thing belonging to another by ordering that it be acquired in order 1. The jurisdictional facts;
that it be given to a devisee or legatee. (Art. 931) 2. The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent;
3. The probable value and character of the property of the estate;
4. The name of the person for whom letters are prayed; and
5. If the will has not been delivered to the court, the name of the person having custody of it.
Art. 795. The validity of a will as to its form depends upon the observance of the law in force at the time it is
made. Jurisdictional facts refer to the fact of death of the decedent, his residence at the time of his death in the
province where the probate court is sitting, or if he is an inhabitant of a foreign country, the estate he left in
Aspects of validity of will such province. The rules do not require proof that the foreign will has already been allowed and probated in
EXTRINSIC/FORMAL VALIDITY INTRINSIC/SUBSTANTIVE VALIDITY the country of its execution.
Refers to the requirement or form Refers to the substance of the provision
Refers to forms and solemnities(e.g. form of Refers to the contents or provisions of a will which Vda De Perez v. Tolete, 232 S 722
instrument, whether public or private, number of must be allowed under the law to make them valid or Requirements for reprobate of wills
witnesses, capacity of testator, qualifications of legal. Note: This is not just a recognition of foreign judgment, probate of the will must be made in accordance with
witnesses) that must be complied with to make them Philippin laws and procedures.
valid.
GOVERNING LAW The evidence necessary for the reprobate or allowance of wills which have been probated outside of the
EXTRINSIC/FORMAL VALIDITY INTRINSIC/SUBSTANTIVE VALIDITY Philippines are as follows:
As to time 1. The due execution of the will in accordance with the foreign laws;
For Filipinos: at the time of execution of will (at the For Filipinos: time of death 2. The testator has his domicile in the foreign country and not in the Philippines;
time the will is made)  Reason: Successional rights vest only at the 3. The will has been admitted to probate in such country;
moment of death 4. The fact that the foreign tribunal is a probate court, and
For aliens: same For aliens: personal law 5. The laws of a foreign country on procedure and allowance of wills
As to place
Filipinos Renvoi doctrine
In the Phil: Philippine law Philippine law  The process by which a court adopts the rules of a foreign jurisdiction with respect to any conflict of
Abroad: Phil. Law OR Lex Loci Celebrationis Philippine law laws that arises.
XPN: Joint wills If no nationality, domicile law  In some instances, the rules of the foreign state might refer the court back to the law of the forum
Aliens where the case is being heard.
In the Phil: law of domicile, national law, Phil law, lex National law of testator
Testamentary Capacity
loci celebrationis
BUT if with conflict of law, law of domicile Art. 796. All persons who are not expressly prohibited by law may make a will.
Abroad: national law, lex loci celebrationis
Art. 797. Persons of either sex under eighteen years of age cannot make a will.
Palaganas v. Palaganas, January 26, 2011
Probate of foreign will for the first time in our court is allowed: Our laws do not prohibit the probate of wills Art. 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution.
executed by foreigners abroad although the same have not as yet been probated and allowed in the
countries of their execution. A foreign will can be given legal effects in our jurisdiction. Article 816 of the
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Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning
faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.
It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to
be disposed of, the proper objects of his bounty, and the character of the testamentary act.
Art. 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary.
The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the
person who opposes the probate of the will; but if the testator, one month, or less, before making his will was
publicly known to be insane, the person who maintains the validity of the will must prove that the testator
made it during a lucid interval.
Art. 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by
the supervening of capacity.
Art. 802. A married woman may make a will without the consent of her husband, and without the authority of
the court.
Art. 803. A married woman may dispose by will of all her separate property as well as her share of the conjugal
partnership or absolute community property.
Testamentary capacity: refers to the ability as well as the power to make a will.
 It must exist at the time of the execution of the will.
 Who can make a will?
 All natural persons who are not expressly prohibited by law may make a will.
 A convict under civil interdiction is allowed to make a will because civil interdiction prohibits disposition
of property inter vivos and not mortis causa.
 Spendthrifts, prodigals, and those under guardianship, can make a will provided they are at least 18
years old and are of sound mind.
Requisites of Testamentary Capacity
1. At least 18 years old at the time of execution
 Thus, minors die intestate.
2. Soundness of Mind: means ability of the testator mentally to understand in a general way the nature
and extent of his property, his relation to those who naturally have a claim to benefit from the property
left by him, and a general understanding of practical effect of the will as executed.
 Supervening incapacity will not affect the validity of a prior will.
 Supervening capacity will not change the nullity of a prior will.
o Will remains void even if the testator executes a document affirming the contents of a prior
will.
o Remedy: Make another will.
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 Presumption of Soundness of Mind: the law presumes that the testator is of sound mind.
o Thus, the burden of proof that the testator was not of sound mind at the time of the making
of his will is on the person who opposes the probate of the will.
 Question: When is there an inversion of the presumption?
o Answer:
i. The testator, one month or less, before making his will, was publicly known to be
insane;
ii. He was under guardianship at the time of making of the will;
iii. If the testator made the will after he had been judicially declared to be insane and
before such judicial order has been set aside.
 Rule: 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 is sufficient that if at the time of the making of the will, he knows:
a) The nature and extent of the estate to be disposed of (he is giving away his property).
b) The proper objects of his bounty (giving it to someone he knows and intended).
c) The character of the testamentary act (it is effective mortis causa).
 Whenever the mental condition of the testator is placed at issue during probate proceedings, the
probate court must focus its investigation on the effects of the illness etc. on the mind of the
testator.
Circumstances that do not affect testamentary capacity
1. Civil interdiction
2. Prodigality
3. Insolvency
4. Alienage
5. Other of similar nature
Effect of Certain Infirmities
1. Old Age
 Mere senility or infirmity of old age does not necessarily imply that a person lacks testamentary
capacity.
 Senile Dementia: a particular decay of the mental faculties whereby a person is reduced to a
second childhood, produces testamentary incapacity.
2. Infirmity or Disease
 Physical infirmity or disease is not inconsistent with testamentary capacity.
 It is only when the testator is in a comatose or semi-comatose condition that he is incapacitated to
make a will.
 Stomach cancer, dyspepsia do not affect testamentary capacity.
3. Mental disease or Insanity
 There may be mental incapacity to make a will without actual insanity.
 Persons suffering from idiocy (those congenitally deficient in intellect) and imbecility (those who
are mentally deficient as a result of disease) do not possess the necessary mental capacity to make
a will.
 Brain aneurysm under comatose, brain paralysis deprive the testator of testamentary capacity.
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o Thus, the signature of the testator appearing in the will is a forgery.  Liberalization of the manner of their execution with the end in view of giving the testator more freedom
4. Mental Delusion in expressing his last wishes, but with sufficient safeguards and restrictions to prevent the commission
 An insane delusion which will render one incapable of making a will may be defined as a belief in of fraud and the exercise of undue and improper pressure and influence upon the testator.
things which do not exist, and which no rational mind would believe to exist.
 To justify the setting aside of a will, it must be shown that the will was the product of the delusion, Art. 804. Every will must be in writing and executed in a language or dialect known to the testator.
or at least, was influenced by such delusion.
5. Belief in Supernatural First requirement: In writing
 Belief in spiritualism is not in itself a sufficient evidence of testamentary capacity.  Anywhere written, by a typewriter, in pad paper, even in a wall.
 However, a will executed by one under such an extraordinary belief in spiritualism that he follows  Oral or nuncupative wills are not allowed, except for Muslims.
blindly and implicitly supposed directions of spirits in constructing his will is NOT admissible to
probate. Second requirement: Language or dialect known
6. Drunkenness  Language: anything that may be written. Ilocano is a language. It has grammar, it has literature. It need
 GR: the admission of a will to probate will not be denied merrily on proof that the testator was not be a national language.
addicted to the excessive use of alcoholic liquors or drugs  Dialect: does not have a written form, no literature.
 XPN: if at the time of the making of the will, the testator was so much under the influence of the  Presumption of compliance: That the testator knew the language in which the will was written.
intoxicants or drugs as to be unable to bring to the business at hand the calm judgment that the  Presumption of knowledge of language: The testator need not be proficient in the language or dialect
law requires of a testator. used.
7. Deaf-mute and Blind Person can make a will. 3. It is sufficient that the can make known his testamentary act through the language or dialect employed
by him.
Forms of Will
Suroza v. Honrado
Kinds of wills Administrative action against a judge who admitted to probate a will where it was written in English, but admits in
NOTARIAL/ATTESTED WILLS HOLOGRAPHIC WILLS the latter paragraphs that it was translated in Filipino for the benefit of the testator, and admits that the testator
That which requires, in order to be valid, compliance with That which is entirely written, dated and signed by was illiterate.
the formalities prescribed under Arts. 805 and 806 the hand of the testator himself.
regarding: That could only mean that the will was written in a language not known to the illiterate testator and is therefore
1. Signing by testator It does not require attestation by the witnesses. void because of mandatory provision of Art. 804.
2. Attestation by the witnesses
3. Acknowledgment by the testator and attesting Acop v. Piraso, 52 P 660
witnesses before a notary public. Where the will was drawn up in Baguio City where the testator lived and died, and the record contained proof
Common requirements: Both kinds must be in writing and executed in a language or dialect known to the that he knew no other language than the Igorot dialect, but the will was written in English.
testator.
The will cannot be probated because it was not written in the language known by the testator.
Note: The will itself need not state that the language is known to the testator. Compliance with the language
requirement may be shown by extrinsic evidence. Testate Estate of Javellana v. Javellana
Where the will was executed in Manila City by the testator, a Visayan residing in San Juan, Rizal at the time of his
The testator also need not know the language of the attesting clause, since the attestation clause is the affair of death, but the will was drawn up in Spanish and there was no evidence that it was the language currently used in
witnesses only. either place.
The testator need not perform the mechanical work of Necessarily be written personally by the testator.
writing the will, so long as the will is signed by him or No presumption can arise that the testator knew Spanish.
by someone else in his presence.
Abangan v. Abangan
Objective of formalities Will written in Cebuano dialect and executed in Cebu by the testator.

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In the absence of proof to the contrary, there is a presumption that she knew this dialect in which the will was
written. For the presumption to apply, it must appear that:
1. The will was executed in a language generally spoken in the place of execution; AND
2. The testator must be a native or resident of such locality
Caneda v. CA, 222 S 781
Various participants signed will on various days evidenced that the execution was not a one continuous act.
Six pages of the will were signed on the margin by the testator and two of the witnesses on January 4, the
remaining three pages were signed by the testator and the three attesting witnesses on January 11, and the third
attesting witness then signed the first six pages.
Such an execution of the will was held NOT in conformity with the law under which the execution of a will is
supposed to be one act and cannot be legally effective if the various participants sign on various days and in
various combinations of those present.
More than one pen used by attesting witnesses evidenced that execution is not one continuous act
Where the will and its codicil show that more than one pen was used by the attesting witnesses thereto, in the
absence of any explanation for the different-colored signatures thereon, this fact justifies a finding, that the said
testamentary documents were not subscribed and attested by the instrumental witnesses during a single
occasion contrary to Art. 805 which requires that the witnesses must sign the will in the presence of the testator
and of one another.
Date of the will
 Presumption: A will is presumed to have been executed on the day of its date.
 When date required: A date is not an essential element of a valid will, except, in the case of holographic
wills, and an erroneous date will not vitiate the instrument.
 Importance of date in ordinary will: It is necessary to ascertain the date of an ordinary will in order to
determine which of two or more instruments is the last will of the testator.
4. The date in this case may be established by extrinsic evidence
 Conflict of date in a notarial will: The same does not invalidate the document, because the law does not
require that a notarial will be executed and acknowledged on the same occasion.
Notarial Wills
Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself
or by the testator's name written by some other person in his presence, and by his express direction, and
attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall
also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall
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be numbered correlatively in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon which the will is written, and the fact that the
testator signed the will and every page thereof, or caused some other person to write his name, under his
express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the
will and all the pages thereof in the presence of the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.
Formal requirements of an ordinary (notarial will): Aside from the requirements mentioned in Art. 796 (18 years
old, sound mind) and Art. 804 (in writing, language or dialect known)
1. It must be subscribed at the end thereof by the testator himself or by the testator's name written by
some other person in his presence, and by his express direction.
2. It must be attested and subscribed by three or more credible witnesses in the presence of the testator
and of one another.
3. It must be signed by the testator or the person requested by him to write his name and the instrumental
witnesses of the will, each and every page thereof, except the last, on the left margin.
4. All the pages must be numbered correlatively in letters placed on the upper part of each page.
5. It must contain an attestation clause stating the matters mentioned in Art. 805.
6. It must be acknowledged before a notary public by the testator and the witnesses.
Allowed omissions
1. Omission of some relatives does not affect the due execution of a will.
2. In notarial will, omission to state the date or place of execution or an error in such statement will not
invalidate the will.
5. BUT a holographic will must be dated, else it is VOID.
Interpretation of the requirements
 Equal importance of requirements: All the requirements stand as of equal importance, and courts
cannot add other conditions or dispense with those enumerated in the law.
 Purpose of prescribing solemnities:
1. To insure and safeguard their authenticity
2. The courts, in deciding the various cases that may present themselves on this matter, must
not lose sight of this object of the law.
 Liberal not strict: Courts must adopt a liberal, rather than a strict interpretation of the legal formalities
in the execution of wills.
6. When an interpretation assures such end, any other interpretation whatsoever adds nothing but
demands more requisites entirely unnecessary, useless, and frustrative of the testator's last will, must
be disregarded.
SUMMARY OF REQUIREMENTS (from Atty. Reyes' discussions)
SUBSCRIPTION

WHO HOW
By the testator 1. Full signature:
 full name, readable
2. Customary signature
 curves, edges, strokes
3. Mark or symbol
 Thumbmark? 'X', '+'?
Valid provided that
affixed by testator with
animus testandi and with
justification why testator
affixed such.
By the agent 1. Name of testator must appear
2. Must be written by agent at
Conditions: the place required by law
1. In the testator's presence
2. By the testator's express Example: (proper way according
direction to SC)
3. In the presence of the  For the testator X, by Y
witnesses
Note: It may be wise as a practical
Note: Such fact must be mentioned manner that the one who signs the
in the attestation clause testator's name sign also his own
but it is not essential to the validity
of the will.
BUT if the agent wrote only his
signature, and omits that of the
testator, the will is VOID.
Subscribed by the testator
 Purpose of subscription
1. For identification
2. Intent to be bound
 Sufficiency of signature: The use of any signature intended by the testator to authenticate the
instrument, renders the will sufficiently signed by the testator.
 Subscribing is not the same as signing
7. To subscribe = to write under
8. To sign = to simply place a distinguishing mark
9. Signing is broader than subscribing
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WHERE  Is the law limited to subscribing? NO, include signing.
1. Logical end  This accommodates signing by thumbmark.
 logical conclusion of the  A thumbmark is not a subscription but is a valid signing.
will (after testamentary  The testator's thumbprint is always valid and sufficient signature.
provisions)  The validity of thumbmarks is NOT limited only to cases of illness or infirmity.
2. Left margin of each and every  Signature affixed by die or stamp
page  A testator may use an engraved die or a rubber stamp in affixing his signature.
 not a strict rule as to  What if testator ordered other to stamp his name therein? VALID!
position; can be placed at
the top, bottom, or right Barut v. Cabacungan
margin It is immaterial as to who writes the name of the testator, provided that the testator's name is written at the
 If both pages of a sheet testator's request and in the testator's presence, and in the presence of all the witness to the execution of
are used, then both sides the will.
should bear the
signatures of the testator It is unimportant whether the person who writes the name of the testator signs his own or not. It may be
and each of the wise and practical that the one who signs the testator's name also sign his own, but that is not essential to
witnesses. the validity of the will.
Note: Even if only one page is Warning: No Champ notes below! Read the same 7 times! :)
unsigned, entire will is void.
PAGINATION
 Rule: All the pages of the will must be numbered correlatively in letters (i.e. One, Two, Three) place on
the upper part of each page.
 Substantial compliance is sufficient (i.e, '1,2,3' or 'A,B,C' or 'I, II, III')
 NOTE: Pages with testamentary provisions MUST be with page number
 Sequential numbering MAY NOT be placed in the page where the attestation clause is written.
 What will happen if one page containing testamentary provisions has no page number? ENTIRE will is
VOID.
 Error in numbering: If by the provisions of the will, the sequence can be analyzed then error in
numbering in the will will not invalidate it.
Purpose of pagination
1. To safeguard the document from the possibility of the interpolation of additional pages or the omission
of some of the pages actually used.
2. To prevent the number of sheets of the will from being unduly increased or decreased.
3. To avoid substitution of wills and testaments.
ATTESTATION CLAUSE
 Definition: That clause of an ordinary will wherein the witnesses certify that the instrument has been
executed before them, and the manner of the execution of the same.
 Only the signatures of witnesses are necessary; signature of testator is mere surplusage.
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 Purpose: To preserve in permanent form, a record of the facts attending the execution of the will, so Number of pages in attestation clause
that in case of death, absence, or failure of the memory of the subscribing witnesses, or other casualty,  Rule: The absence of such a statement is a fatal defect.
the due execution may still be proved.  Substantial compliance:
 Language used: The attestation clause may be in any language or dialect although it is not known or
understood by the witnesses or the testator. Singson v. Florentino, 92 P 161
 The law merely requires the language to be interpreted to witnesses. If the last part of the body of the will contains a statement that it is composed of eight pages, and the will
itself shows without need of proof aliunde, that it is really and actually composed of eight pages duly signed
Contents of attestation clause y the testator and his instrumental witnesses, the will complies with the intention of the law.
1. The number of pages used upon which the will is written
2. The fact that the testator signed the will and every page thereof, or caused some other person to write Therefore, the will is valid even if its attestation clause does not state the number of pages or sheets upon
his name under his express direction which the will is written.
3. The signing by the testator or by the person requested by him, was in the presence of the instrumental
witnesses Taboada v. Rosal, 118 S 196
4. The instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of Where the first page which contains the entirety of the testamentary dispositions is signed by the testatrix at
the testator and of one another. the end or at the bottom while the instrumental witnesses signed at the left margin and the other page
which is marked as "Pagina dos" comprises the attestation clause and the acknowledgment itself and states
Necessity of attestation clause that "This last will and testament consists of two pages including this page," the failure of the attestation
 Absence of ANY of these contents invalidates not only the attestation clause but also the ENTIRE WILL. clause to state the number of pages is not fatal defect since such number is discernable from the entire will
 What if the will did not contain a separate attestation clause but the concluding paragraph thereof was that it is really and actually composed of only two pages duly signed by the testatrix and her instrumental
expressed in the form of an attestation clause setting forth the matters required by law. Valid? witnesses.
 YES. The attestation clause contained in the body of the will and signed by the witnesses is
valid, although it was in the first person and signed by the testator. ONE CONTINUOUS ACT IN THE PRESENCE OF EACH OTHER
 Important: An attestation clause and an acknowledgement may not be merged in one statement.
Three tests
Attestation vs Subscription 1. Test of sight: The testator and the witnesses actually saw each other sign or that their eyes are actually
Attestation Subscription cast upon the instrument at the moment of subscription by each of them.
Consists of witnessing the testator's execution of the Signing of the witnesses' names upon the same 2. Test of position: Whether they might have seen each other, had they chosen to do so, considering their
will. paper for the sole purpose of identification for such position with relation to each other at the moment of inscription of each signature.
paper as the will which was executed by the testator.  They can see the act of signing so long as there is no physical impediment blocking their sight.
Mental, the act of senses Mechanical, the act of the hand 3. Test of knowledge: For as long as the witness and testator are physically present in the same room or
Purpose: To render available proof of the Purpose: Identification, and thus indicates that the location, and they know that they are signing a will (knowledge that signing is being done)
authenticity of the will and its due execution. will is the very instrument executed by the testator Note: Where there are more than three witnesses and one of them did not see the others sign, the requirement is
and attested to by the witnesses complied with.

What subscribing witnesses (instrumental witnesses) attest to? In re Will Siason, 10 P 504
1. The do not merely attest to the genuineness of the signature of the testator but also to the due Where the testatrix was ill and confined to her house, the execution of the will taking place in the sala where
execution of the will as embodied in the attestation clause. she lay upon a sofa.
2. Subscribing witnesses are much relied upon to establish the due execution of will.
 The testimony of persons accidentally present, who had nothing to do with the transaction (not VALID.
instrumental witnesses) cannot be given equal consideration.
3. The instrumental witnesses must know that they are attesting a will for the attestation clause must Yaptua v. Yap Ka Kuan
state that they "witnessed and signed the will." Where one part of the room where the will was executed was one or two steps lower than the floor of the
other, the table on which the witnesses signed the will was located on the lower floor of the room, and the

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testatrix was lying in bed from where it was possible for her to see the table.
VALID. The actual seeing of the signature is not necessary. It is sufficient if the testator and the witnesses
may see each other sign if they choose to do so.
Jabonela v. Gustillo
Where one witness left the room after signing but before he turned his back and left, he saw J, the last
witness moving his hand and pen in the act of signing, but the latter's signature was not yet completed.
VALID. The witness could see everything which took place by merely casting his eyes in the proper direction,
and without any physical obstruction to prevent him doing so.
Vera v. Rimando
Where one witness was in one room, while the testator and other witnesses were in another room separated
by a curtain which obstructed the view outside.
Will is VOID.
Statement of signing will in each other's presence
 Purpose: To certify that the testator signed the will, this being the most essential element of the clause.
 Rule: This requirement is MANDATORY, without it the WILL is void.
Interpretation as to defective attestation clause; rules
1. As to number of pages: There can be substantial compliance BUT if there is no number of pages OR
there is error in pagination then will is VOID.
2. As to other contents of attestation clause: ALWAYS STRICT COMPLIANCE.
 Reason: Facts cannot be readily shown by physical scrutiny of the instrument.
 Proof aliunde or even judicial finding based upon such proof are not admissible to prove such
requirements.
STRICT COMPLIANCE in attestation clause (if absent, will is void)
1. The content requirements
2. Signature of the witnesses at the end of attestation clause
SUBSTANTIAL COMPLIANCE in attestation clause
1. Language used
2. Form used
3. Matters that can be readily seen by physical cursory or examination of the instrument
 "Language written in Filipino" but in reality it is in English, valid? YES, ok lang! :)
Note: In signing, witness must use at least customary signature, not symbols unless the same is his customary
signature. Also, witness must sign at the end of attestation clause, not at the end thereof.
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Examples of fatal defects in attestation clause
1. That the will was signed by the witnesses in the presence of each other.
2. That the will was signed on every page thereof on the left margin and in the presence of the testatrix.
3. That the testator and witnesses signed all the pages(or every page) of the will.
4. That the witnesses signed in the presence of the testator notwithstanding that oral evidence admitted
without opposition on the part of the opponent proved such fact.
5. That the witnesses signed in the presence of the testator and of each other.
Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The
notary public shall not be required to retain a copy of the will, or file another with the Office of the Clerk of
Court.
ACKNOWLEDGMENT
 To acknowledge: to own as genuine, to assent to, to avow or admit.
 Applies only to ORDINARY wills.
 Must contain date and place: An ordinary will need not be dated but it must be signed by the testator
and his witnesses. The notarial acknowledgement however will necessary have to mention the date and
place of the acknowledgment.
 The law does not disqualify a notary public who is related to any of the parties interested in the will.
 Note: Use of expired cedula is considered as fatal flaw. Will is invalidated.
Guerrero v. Bihis, 521 S 394
An acknowledgment is the act of one who has executed a deed in going before some competent officers and
declaring it to be his act and died. In the case of a notarial will, that competent officer is the notary public.
Outside the place of his commission, a notary public is bereft of power to perform any notarial act. An
acknowledgment taken outside the territorial limits of the officer's jurisdiction is VOID.
Acknowledgment may not be in the presence of each other
 The testator and the witnesses do not have to make the acknowledgment contemporaneously or in the
presence of one another, which is required in the attestation clause.
 However, both the testator and the witnesses must acknowledge the will before a notary public.
Acknowledgment may be subsequent to execution
 There is nothing in Art. 806 requiring that the testator and the witnesses should acknowledge a will on
the same day or occasion that it was executed.
Signing by notary public may be subsequent to acknowledgment
 Whether or not the notary public signed the certification of acknowledgment in the presence of the
testator and the witnesses does not affect the validity of the will.
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Can the notary public be the third witness in the will?
 NO. He may be present at the execution of the will if he wants to but he cannot be one of the
instrumental witnesses since he cannot acknowledge before himself his having signed the will.
 The function of the notary public is, among others, to guard against any illegal and immoral
arrangements.
 If he would be one of the instrumental witnesses, he would be interested in sustaining the
validity of the will as it directly involves himself and the validity of his own act.
No requirement to retain a copy of will or file another with the office of the Clerk of Court
 Reason for rule: A will is of a personal character and the testator may want to keep secret the contents
of his will during his lifetime.
 A notarial will, therefore, is not a public instrument notwithstanding that it is acknowledged.
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so;
otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner,
the contents thereof.
Art. 808. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing
witnesses, and again, by the notary public before whom the will is acknowledged.
poor eyesight.
Note: It is not required that compliance with Arts. 807 and 808 be stated in the attestation clause or notarial
acknowledgment.
 It would be sufficient if it is established in the probate proceedings.
Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence,
defects and imperfections in the form of attestation or in the language used therein shall not render the
will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all
the requirements of Article 805.
Rule in interpreting this provision according to JBL Reyes:
 If the defects or imperfections can be supplied by an examination of the will itself, and it is proved that
the will was in fact executed and attested in substantial compliance with all the requirements of Art. 805
then WILL is VALID.
 Examples:
1. If the attestation clause fails to state the fact that the testator signed each and every page thereof,
BE LIBERAL! You can easily verify these facts upon visual examination of the will.
2. If the attestation clause fails to state that the witnesses signed in each other's presence. This is a
FATAL flaw.

Capacity of a deaf, deaf-mute, or blind person to make a will Caneda v. CA

 They can make a will provided they satisfy the requirements of age and soundness of mind. Art. 809 must be limited to disregarding only those defects that can be supplied by an examination of the will
 BUT, generally, they cannot be witnesses in the execution of wills. itself, such as:
1. Whether all the pages are numbered
DEAF OR DEAF-MUTE BLIND 2. Whether the signatures appear in each and every page
IF able to read IF unable to read 1. Two readings 3. Whether the subscribing witness were really three
He must personally read He shall designate two  Substantial compliance: One 4. The will itself notarized
the will. persons to read and reading is enough BUT the
communicate to him, in reading must be done aloud in All these are facts that the will itself can reveal, and the defects or even omissions concerning them in the
some practicable the presence of the testator, attestation clause can safely be disregarded.
manner, the contents instrumental witnesses, and the
thereof. notary public BUT:
2. Readings by witness and notary public 1. Whether the total number of pages, and
Two persons must be Here the witness and notary public must act within 2. Whether all persons required to sign did so in the presence of each other (even if three persons
familiar with sign available sense of the blind signed, it is not sure if they signed in the presence of one another)
language.
Note: Art. 808 applies not only to blind testators, but Omissions which can be supplied by mere examination of will itself, without the need of resorting to
also for those who are incapable of reading their extrinsic evidence is NOT fatal.
wills.
Omissions which cannot be supplied except by evidence aliunde, would result in the invalidation of the
In Alvarado v. Gaviola, Alavarado was not totally attestation clause, and ultimately the will itself.
blind at the time the will was executed. He was
capable of counting fingers at 3 feet, hence merely

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Witnesses to Wills
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 execution of a will mentioned in Article 805 of this
Code.
Art. 821. The following are disqualified from being witnesses to a will:
(1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a document, perjury or false testimony.
Qualifications of a witness
1. Sound mind
 Reason: Because attestation is an act of the senses (mental act)
2. At least 18 years old
3. Not blind, deaf or dumb
 Dumb here means MUTE or someone having no capacity to express what they perceived.
4. Able to read and write
5. Domiciled in the Philippines
 Citizenship is not a factor
 Reason: Because of the great probability of being called by the court to be a witness
 IF not domiciled in the Philippines, he is outside the jurisdiction of Philippine courts
6. Must not have convicted of falsification of document, perjury, or false testimony
 Conviction has to be by final judgment
 These are crimes affecting the credibility/trustworthiness of a person
 So if convicted with rape or murder, ok lang! :)
7. Must not have conflict of interest
 If witness is the beneficiary of will, or spouse or child of such beneficiary
 To avoid intestacy, only legacy or devise in favor of interested witness is void.
Gonzales v. CA
There is no mandatory requirement that the witness testify to his good standing in the community.
The rule is that the instrumental witness in order to be competent must be shown to have the
qualifications under 820 and none of the disqualifications under 821. For their testimony to be credible, it
only needs to be worthy of belief and entitled to credence, it is not mandatory that the evidence be first
established on record that the witnesses have a good standing in the community or that they are honest and
upright. For the person is presumed to be such unless the contrary is established.
No other qualifications required for a witness
 Relationship not required: The relation of employer and employee, or being a relative to the beneficiary
in a will does not disqualify one to be a witness in a will.
 Acquaintance not required: It is unnecessary for a witness to a will to have known the testator previous
to the time when he subscribed to the will.
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 BUT attesting witness must satisfy to himself as to the identity of the testator for purposes of
attestation.
 Language may not be known: It is not essential to the validity of a will that the attesting witnesses know
the contents of the instrument.
 Although they must know that they are attesting a will.
Art. 822. If the witnesses attesting the execution of a will are competent at the time of attesting, their
becoming subsequently incompetent shall not prevent the allowance of the will.
When should the witness be qualified?
 At the time of attesting
 Juridical capacity of the witnesses are determined at the time of the act
Art. 823. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a
devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or
spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or
child, be void, unless there are three other competent witnesses to such will. However, such person so
attesting shall be admitted as a witness as if such devise or legacy had not been made or given.
Devisees or legatees as witnesses
1. If there are ONLY THREE witnesses including the devisee or legatee
 The will is valid (with respect to other testamentary provisions)
 Devisee or legatee still competent to testify to its execution
 But the particular disposition in favor of the devisee/legatee-witness is VOID.
 Reason: Conflict of interest
2. If there are THREE OTHER witness aside from the devisee or legatee witness
 The devise or legacy is VALID.
Heirs as instrumental witnesses
 Effect if heir qualified as instrumental witness: Disqualified from accepting devise and legacy
 Legitimes impaired? NO. Will is not necessary in getting legitimes.
 Disqualification refers only to the free portion if the witness is a compulsory heir.
Art. 824. A mere charge on the estate of the testator for the payment of debts due at the time of the
testator's death does not prevent his creditors from being competent witnesses to his will.
Creditors as witnesses
 A person is not rendered an incompetent witness to the execution of a will by the mere fact that he is a
creditor of the testator or his estate.
Holographic Wills
Art. 810. A person may execute a holographic will which must be entirely written, dated, and signed by the
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hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines,
and need not be witnessed.
Art. 812. In holographic wills, the dispositions of the testator written below his signature must be dated
and signed by him in order to make them valid as testamentary dispositions.
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.
Art. 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must
authenticate the same by his full signature.
Holographic will: a will entirely written, dated and signed by the hand of the testator himself, without the
attestation of any witness nor acknowledgment before a notary public.
Requirements of HW
1. Entirely written
2. Signed personally by the testator
3. Certain or at least ascertainable date
4. It must be written in a language or dialect known to him
5. It must e made with animus testandi
Entirely written
 If any part of the holographic will is not handwritten, the same is VOID.
 Important: In notarial will, there is no testamentary provisions after the signature of the
testator at the logical end. It is not allowed!
 Reason for PSD: Testamentary provision may be added even after the will.
 PSD is valid even made on different date.
 Requirement for validity:
1. PSD must be signed by the testator (whether full or customary signature)
2. PSD must be dated in the handwriting of the testator
o It is not required that each and every additional disposition be dated, for Art. 813
says that the date of the last disposition validates the preceding ones, whatever be
the time of such prior dispositions.
Effect of last PSD which is BOTH signed and dated
Effect to signed but It will validate all preceding dispositions which are signed but undated.
undated The date of the last disposition cures the defect.
Effect to unsigned but It will NOT validate the preceding dispositions
dated
Effect to unsigned and
undated
 What if the last disposition was signed and dated by a third person?
1. The insertion is void, regardless if with or without the consent of the testator, and so the
preceding dispositions will remain valid or void, as the case may be.
2. Authenticated by testator: If the insertion was authenticated by the testator, the entire will is
invalidated.
 Reason: It is not entirely written by the testator. (Huli ka boy!)

Signed personally by the testator Date of will

 Who: Testator only  Certain: With month, day and year
 How: Full or customary signature  Identifiable:
 Thumbmark of the testator will not be sufficient as it is not in his handwriting. 1. "My 69th birthday"
 Where: 2. "50th wedding anniversary"
1. Logical end  If no date, then will is VOID.
2. Every erasure, insertion or cancellation  Date must be in the will itself and that it be executed in the hand of the testator
3. At the end of each postscript (P.S.) disposition  Note: If date is February 30, will is void because it is impossible date
 No need to sign on every margin  If a single document contains both commercial transaction and a will, date of transaction here is
considered as the date of the will.
Signature every after erasure, insertion or cancellation
 Purpose: Authenticate such interpolation Where should date appear?
 Effect if no signature appeared: If there are several other testamentary provisions, only those with 1. At the beginning of the holographic will, OR
erasures without signatures are invalidated; others remained to be valid. 2. After the signature at the logical end, OR
3. At the body of the will
Signature after each postscript disposition
 Postscripts appear after the signature of the testator at the logical end Rules for Curing Defects
 Implies that the testator has change of mind or wants to add beneficiary
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 If the last dispositions which are SIGNED and dated (this presupposes that it is by the testator himself):
 Preceding dispositions which are SIGNED but NOT DATED are validated.
 Preceding dispositions which are NOT SIGNED but DATED are void.
 Preceding dispositions which are NOT SIGNED and NOT DATED are void unless it is written on the same
date and occasion as the latter disposition.
Effects of Insertions or Interpolations by Third Persons
1. If the insertion was made after the execution of the will, but without the consent of the testator, such
insertion is considered as not written, because the validity of the will cannot be defeated by the malice or
caprice of a third person.
2. If the insertion was made after the execution of the will with the consent of the testator, the will remains
valid but the insertion is void.
3. If the insertion was made after the execution of the will, and such insertion is validated by the testator by his
signature thereon, it becomes part of the will, and therefore, the entire will becomes void, because of failure
to comply with the requirement that it must be entirely written by the hand of the testator.
4. If the insertion was made contemporaneous to the execution of the will, then the will is void because it is not
entirely written by the hand of the testator.
Authentication of Correction by Full Signature
 Full signature here means the full or usual or customary signature and not necessarily the full name.
 However, if both the first and second names are merely initials, it is believed that this would be contrary to
the intent of the law.
Art. 811. In the probate of a holographic will, it shall be necessary that at least one witness who knows the
handwriting and signature of the testator explicitly declare that the will and the signature are in the
handwriting of the testator. If the will is contested, at least three of such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it
necessary, expert testimony may be resorted to.
Probate of holographic will
 Only issue: The identity of the handwriting and signature of the testator
 How many witnesses?
 Uncontested: 1 witness
 Contested: 3 witnesses
 Note: Either way the court may require expert testimony.
 When contested? That which a ground for opposition is based on the allegation that the will is not
written by the testator himself.
 It does NOT refer to grounds of fraud or vitiation of consent.
Who is competent to testify? (aside from expert witness)
 People who have seen testator write
 Register of Deeds qualified? NO, he never saw testator write or sign as his only basis is a signed
document.
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Must the will itself be produced in probate?
 YES.
 What if will was lost or destroyed? The same can be probated provided that:
1. There is photograph or carbon copy of the will
2. There is testimony of witness who has actually or personally seen the will itself and prove that
it was in testator's handwriting
 BOTH requirements must be present; otherwise, probate will be DISMISSED.
Rodelas v. Aranza, 119 S 171
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.
In Footnote 8 of Gan v. Yap ruling, it says that "Perhaps it may be proved by a photographic or photostatic
copy. Even a mimeographed or carbon copy; or by other similar means, if any, whereby the authenticity of
the handwriting of the deceased may be exhibited and tested before the probate court,"
Hence, the photostatic or xerox copy of the lost or destroyed holographic will may be admitted because then
the authenticity of the handwriting of the deceased can be determined by the probate court.
CODICILS AND INCORPORATION BY REFERENCE
Art. 825. A codicil is a supplement or addition to a will, made after the execution of a will and annexed to
be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered.
Codicil, defined
 a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part
thereof, by which disposition made in the original will is explained, added to, or altered.
 It is some addition to or qualification to one's last will and testament.
 It has the effect of republishing and ratifying so much of the prior will as it does not alter or modify.
 Derived from Latin word "codex" which means "little will."
 May a codex be longer than the will it supplements? Yes!
Codicil and subsequent will, distinguished
Codicil Subsequent Will
Similarities
1. Both are made and presuppose a prior will.
2. They take precedence over the prior will, where their provisions are inconsistent with those inthe
latter.
Differences
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Forms part of the original will
Supplements the original will, explaining, adding to,
or altering any of its dispositions.
It does not, as a rule, revoke entirely the prior will
A will and codicil thereto, being regarded as a single
instrument (except where a manifest intention
requires otherwise), are to be construed together
New or separate will
Makes dispositions without reference to and
independent of the original will.
If it provides for a full disposition of the testator's
estate (although inconsistent merely in par with the
prior will) may revoke the whole prior will by
substituting a new and last disposition for the same
A prior will and a subsequent will, being two
separate wills, may be construed independently of
each other.
Requirement of a testamentary character
 GR: Only instruments of a testamentary character are entitled to probate applies to codicil.
 XPN: A codicil may depend upon the will to which it refers for testamentary character.
 An instrument, although not in itself of testamentary character, may be entitled to probate
where it is construed to be a codicil to an existing instrument that is clearly of testamentary
character.
Art. 827. If a will, executed as required by this Code, incorporates into itself by reference any document or
paper, such document or paper shall not be considered a part of the will unless the following requisites are
present:

Purpose of codicil (notes)
1. To explain the original will or any part thereof (explanatory or clarificatory purpose)
2. To add to the original will
 Codicil may elaborate by adding heirs or property to be given to specified heirs, or both
3. To alter, change or amend in whole or in part the original will (revocatory in intent)
Reiterative provision in codicil
 Rule: If a codicil is reiterative of some or all the provisions of a will, the same has effect of republishing a
will thus after-acquired property shall pass to the designated heir. (notes)
(1) The document or paper referred to in the will must be in existence at the time of the execution of the
will;
(2) The will must clearly describe and identify the same, stating among other things the number of pages
thereof;
(3) It must be identified by clear and satisfactory proof as the document or paper referred to therein; and
(4) It must be signed by the testator and the witnesses on each and every page, except in case of
voluminous books of account or inventories.

Incorporation by reference
Clause: "I will  Generally: "Attached as Annex 'A'"
give to X all (2001) -Execution of (2011) -Execution of (2012) -Death of D  Meaning: It is the incorporation of an extrinsic document or paper into a will by reference therein so as
my cars." will codicil D still has 15 cars to become a part thereof and probated as such.
D has 2 cars only. D has 15 cars already. when he died.  Rule: Incorporation by reference is allowed only with respect to provisions in a will that are not in the
nature of testamentary dispositions such as:
Can X demand the 13 after-acquired cars? 1. Conditions or burdens imposed by the testator
 GR: No. 2. Recognition of an illegitimate child
 XPN: Yes, provided that in the codicil in 2011, there was an express provision that D 3. Those which may be incorporated to the will merely for convenience or reference such as
"will give all his cars to X," thus reiterating the clause in the prior will. detailed description of property disposed of by will
 Example: I hereby give to X a parcel of land with CTC No. 123 as described under "Annex A."

Observance of formalities of instruments

Art. 826. In order that a codicil may be effective, it shall be executed as in the case of a will.
Formalities of a codicil
 Rule: To be effective or valid, a codicil must be executed in the form of an ORDINARY or NOTARIAL will
following the requirements under Arts. 805 and 806, or HOLOGRAPHIC will under Art. 810.
 No need to be in same form as prior will: The form of the codicil need not follow the form of the prior
will to which it relates.
 Hence, a notarial codicil can modify a holographic will, or a holographic codicil, a notarial will.
 GR: An instrument which is not executed in accordance with the formalities of a will shall not be
admitted to probate.
 XPN: Under Art. 827 which permits incorporation by reference provided the requisites enumerated are
present.
 IF all the requirements are not complied, then the testimonial provision is VOID or
INOPERATIVE.
Requisite # 1: The document or paper referred to in the will must be in existence at the time of the execution of
the will (it must ante-date the will)

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 Rule: The incorporated document must be attached SIMULTANEOUS to the execution of the will, unlike REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS
in codicil which is SUBSEQUENT.
 Effect if document incorporated in the future: The document is VOID. Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of
 Effect to will if inexistent during execution of will: If the document or paper was prepared after the this right is void.
execution of the will, the validity of the will is NOT affected.
 Where must appear: The reference to the writing must appear on the FACE of the will. Revocation
 May the fact that the document was existing at the time the will was made be proved using EXTRINSIC  Definition: An act of the mind terminating the potential capacity of the will to operate at the death of
evidence? YES! the testator, manifested by some outward and visible act or sign, symbolic thereof.
 Note: The testator must have testamentary capacity at the time of revocation.
Requisite # 2: The will must clearly describe and identify the same, stating among other things the number of  The same degree of mental capacity is necessary to revoke a will as to make one.
pages thereof  Right to revoke may not be restricted but may be regulated.
 Rule: The description and identification of the writing, and the statement of the number of pages
thereof must be stated and appear on the face of the will. May a will be revoked by the testator?
 Note: All incorporated documents must be described in the will.  Yes, at his pleasure during his lifetime.
 May the page number be omitted in case of voluminous books of accounts or inventories? NO!  Rule: There is no such thing as an irrevocable will.
 No waiver of right: The right to revoke cannot be waived by the testator.
Requisite # 3: It must be identified (during probate) by clear and satisfactory proof as the document or paper  No waiver or restriction can be made as to the absolute freedom of the testator to revoke a
referred to therein will he has previously made for any reason or cause.
 Rule: There must be a SUBSTANTIAL and CONVINCING proof that documents incorporated are the same
as those being probated. Why is revocation allowed?
 Note: The identification of the writing may be shown by EXTRINSIC evidence.  Because under Art. 777, successional rights vest only upon death.
 Will is ambulatory: Until the death of the testator, the will is said to be ambulatory and may be
Requisite # 4: It must be signed by the testator and the witnesses on each and every page, except in case of revoked by him at will at any time with or without reason.
voluminous books of account or inventories.  Note: After a will is probated during the lifetime of the testator, it does not necessarily mean that he
 XPN: In the case of voluminous books of account or inventories because it is not practicable for the cannot alter or revoke the same.
testator and witness to sign every page thereof.
 So no signature at all is needed? NO, sufficient number of pages must still be signed to Art. 829. A revocation done outside the Philippines, by a person who does not have his domicile in this
guarantee authenticity. country, is valid when it is done according to the law of the place where the will was made, or according to
 Signature must appear on integral and important parts like first, last page and somewhere in the law of the place in which the testator had his domicile at the time; and if the revocation takes place in
between. (notes) this country, when it is in accordance with the provisions of this Code.
 Rule: Where in a will which has an attestation clause that meets the requirements of the law, a
reference is made to an inventory of properties attached to a will, NO separate attestation clause is Law governing revocation
needed for said inventory. (REVOCATION ) MADE INSIDE THE MADE OUTSIDE THE PHILIPPINES
PHILIPPINES
Requisite # 5: The documents, inventories, books of accounts, document of titles and other papers of similar Follow Philippine law Domiciled in RP (Resident Not Domiciled in RP (Non-
nature should under no circumstances, make testamentary dispositions  Whether or not the domicile Filipino or alien) resident Filipino or alien)
 The incorporated document or paper must not make testamentary dispositions -> only a will can do so. of the testator is in the  Follow RP law (being the  Follow law of place of
Philippines AND regardless of place of his domicile) execution (where the will
Can holographic wills incorporate documents by reference? the place where the will is  Follow law of place of was made)
 It seems not. made. revocation (not where the  Follow law of place where
 Since the article requires the signatures of the testator AND the witnesses on EVERY page of the  Relate: National law of the will is made) testator is domiciled at the
incorporated document, it seems that only attested wills can incorporate documents by reference since testator which is primarily time of revocation
only attested wills are witnessed. applicable as regards the

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making of wills, never governs 1. The subsequent will must comply with the format requirement of a will
in case of revocation. 2. The testator must possess testamentary capacity
3. The subsequent will must either contain
a) express revocatory clause, or
Art. 830. No will shall be revoked except in the following cases: b) implied (or be incompatible with the prior will) -> see Art. 831
(1) By implication of law; or 4. That such subsequent will be also probated (Molo v. Molo)
(2) By some will, codicil, or other writing executed as provided in case of wills; or 5. Requisite under Art. 832
(3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator  Effect of probate of will: The probate of will is bar to the allowance of another will subsequently
himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, discovered provided the latter is proved to be posterior to the one already probated or in the contrary
or obliterated by some other person, without the express direction of the testator, the will may still be case (i.e. anterior to probated will) if the two wills could stand together.
established, and the estate distributed in accordance therewith, if its contents, and due execution, and the
fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Manner of revocation
Court. Express When the instrument contains an express clause of revocation
Implied When it can be gathered from its general tenor as where the testator makes a disposition
Modes of revocation of a will so inconsistent with that made
1. By implication of law
 By operation of law
2. By some will, codicil, or other writing executed as provided in case of wills What is revocation by physical destruction?
 By subsequent will or codicil 1. Burning
3. By burning, tearing, cancelling, or obliterating the will with intent to revoke (animo revocandi)  There must be at least a burning of part of the paper on which the will is written, although a
 By physical destruction very slight burn will suffice.
 Even if burned parts are the corners of paper only. (lagot yung mga nagdedesign ng paper!)
What is revocation by operation of law?
 This kind of revocation occurs when certain acts or events take place subsequent to the execution of a 2. Tearing
will from which the law infers or presumes that the testator intended a change, either total or partial, in  Includes cutting
the disposition of his property.  A slight act of tearing is generally held sufficient, although the greater degree of tearing the
 Revoked because of intervening changes in stronger is the presumption that the instrument was torn animo revocandi.
a) Condition of property  Crumpling of paper in the heat of anger is considered as revocation.
b) Relations of testator and beneficiary 3. Cancelling
c) Presumed intent of the testator  To cancel is to make marks or lines across the written part of the instrument.
 Note: A revocation may occur by intendment of law contrary to the actual intent of the testator.  Slight acts of cancelling, with the purpose of revoking a will, may be sufficient for that
1. Preterition of compulsory heirs in the direct line purpose.
 Even if compulsory heir is: (notes) 4. Obliterating
a) Born after the execution of the will  To obliterate is to blot out so that the words affected are rendered illegible.
b) Recognized after the execution of the will  It is not necessary that every word be obliterated.
2. Commission by the offending (guilty) spouse of some ground for legal separation decreed by the court  Cancellation and obliteration of notarial in relation to holographic will
 Even if at the time of the execution of the will, spouse is NOT YET guilty. (notes)  Holographic will: Must be countersigned
3. Commission by an heir, devisee or legatee of an act of unworthiness  Notarial will: Need not be countersigned as the law does not require it BUT in reality, it is
4. Transformation, alienation, loss of object bequeathed (legacy or devise) subsequent to the execution of practicable for the testator to sign to avoid fraud.
the will
5. Judicial demand of credit given as legacy  Note: This includes the entire gamut of destruction like nuclear bomb, flushing in the toilet or
swallowing the said will :)
What is revocation by subsequent will? (Requisites)  How must physical destruction be done? It must be done with the intention of revoking it

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a) The testator himself, or 1. The will may still be established

b) By some other person, in his presence and by his express direction 2. The estate distributed in accordance therewith provided that the contents, due execution and
 Effect: The effect of revocation is final. To re-establish the will, the testator MUST execute a new one. the fact of its unauthorized destruction, cancellation or obliteration are established according
to the Rules of Court.
Requisites of revocation  The person who destroys the will without authorization is disqualified to inherit. Same with one who
1. The testator must have testamentary capacity at the time of performing the act. interfered in the making of the will.
2. The act must be any of the overt acts specified.
 Objective phase of act of revocation So the physically destroyed will may still be probated?
3. It must be a completed act, i.e. actually carried out.  YES. But Art. 830 only refers to an ATTESTED WILL.
 Rule: It must be at least complete in the mind of the testator
4. It must have been with the intent of revoking the will LOST OR UNAUTHORIZED DESTRUCTION
 Subjective phase of act of revocation Attested Will Holographic Will
5. It must have been done by the testator himself, or by some other person by his express direction. May still be established by secondary evidence GR: May no longer be probated (Gan v. Yap)
 Note: A person guilty of interfering with the will of testator is disqualified from inheriting from according to Rules of Court XPN: Unless a copy survives (Rodelas v. Aranza)
the decedent.
 Rule: The concurrence of BOTH the objective and subjective phase is a MUST. Reason: Because the best and only evidence is the
HANDWRITING of the testator in said will.
Total and partial revocation of will
 Cancelling or obliterating may result to total or partial revocation of will Proof of loss of destroyed will
 Partial revocation, example: If only on a particular provision of will with other provisions being  Rule 130, Sec. 4 RC: Upon proof of the execution and loss or destruction of the original will, secondary
unaffected. evidence may be introduced to prove its contents by:
 Total revocation, examples: Cancellation or obliteration of 1. A copy of will
1. Everything or every provision 2. Recital of its contents in some authentic document
2. Signature of testator or any of the witnesses 3. Recollection of witnesses
3. Signature of testator on page 2 only
4. Date in a holographic will
Ratification of unauthorized destruction
How do you show the testator's intention to revoke by physical destruction?  Rule: The ratification or adoption by the testator of the prior destruction or mutilation of his will, with
Corpus a) The physical destruction itself the intent on his part to revoke the instrument, accomplishes a revocation, although the destructive
b) There must be evidence of physical destruction act was not performed in the first instance in the presence of the testator or with his knowledge or
Animus a) Capacity or intent to revoke consent.
b) The testator must have completed everything he intended to do  XPN: Where the testator merely acquiesced to destruction without making a new will is not sufficient to
 A completed and finished intention such as throwing it in the trash establish ratification.
can (nothing left for him to do)
Rule: The corpus and animus must concur to produce a valid revocation by physical destruction Estate of Maloto v. CA
It is clear that the physical destruction of a will, like burning in this case, does not per se constitute an
What is the effect of the voluntary arrest or stoppage of revocation of will by testator? effective revocation, unless the destruction is coupled with animus revocandi on the part of the testator. It is
 It will NOT give rise to revocation; no animus revocandi not imperative that the physical destruction be done by the testator himself. It may be performed by another
 EVEN if the will is totally burned if there is change of mind then the same can be proven by testimonial person but under the express direction and in the presence of the testator.
evidence (notes)
In this case, the animus revocandi, or intention to revoke is only one of the necessary elements for the
What is the effect of unauthorized physical destruction? effective revocation of wills. The intention to revoke must be accompanied by the overt physical act of
 If burned, torn, cancelled or obliterated without the express direction of the testator: burning, tearing, obliterating or cancelling the will.

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It was not sufficiently established that the papers burned by the maid was a will of the deceased. Even so,
the burning was not proven to be done under the express direction of the testator and not in her presence.
Presumption and proof of revocation
 General presumption: A duly executed will has not been revoked.
 Burden of proof of revocation: upon the opponent of will
 But if presumption of revocation arises, burden of proof: Proponent of the will
Instances where there is presumption of revocation
1. Where a will which cannot be found is shown to have been in the possession of the testator, when last
seen, the presumption is, in the absence of other competent evidence, that he destroyed it, animo
revocandi
2. Where the testator had ready access to the will and it cannot be found after his death.
Gago v. Mamuyac
Is there a presumption of revocation?
 YES, as in this case.
The law does not require any evidence of the revocation or cancellation to be preserved. It therefore
becomes difficult at times to prove the revocation and cancellation of wills. The fact that such cancellation or
revocation has taken place must be inferred from evidence showing that after due search, the original will
cannot be found.
Where a will which cannot be found is shown to have been in the possession of the testator, when last seen,
the presumption is, in the absence of other competent evidence, that the same was cancelled or destroyed.
The same presumption arises where it is shown that the testator had ready access to the will and it cannot be
found after his death. (PRESUMPTION OF REVOCATION)
Note that the force of the presumption of cancellation or revocation is NOT conclusive, it may be overcome
by proof that the will was NOT destroyed or revoked by the testator with the requisite intention.
Art. 831. Subsequent wills which do not revoke the previous ones in an express manner, annul only such
dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills.
Complete revocation by a subsequent will
 It results when the general tenor of the later will shows clearly that the testator so intended, or the two
instruments are so plainly inconsistent as to be incapable of standing together.
Partial revocation by a subsequent will
 So much only of the will as is inconsistent with a later will or codicil is deemed revoked.
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 GR: The earlier will is deemed to be revoked only to the extent necessary to give the later one effect,
and both instruments are to be admitted to probate as constituting together the last will and
testament of the decedent.
 XPN: If two instruments are so inconsistent as to be incapable of standing together in any of their parts.
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, devisees or legatees designated therein, or by their
renunciation.
Revocation by subsequent will
1. EXPRESS: Express revocatory clause usually placed at the beginning of the revoking will
2. IMPLIED: Needs to be probated with prior and later wills for purposes of comparison
 Probate court must determine whether or not testamentary provisions can be reconciled.
 When implied revocation present: If after the attempts of reconciliation there are still
irreconcilable differences, the later will impliedly revoked the prior one.
 Note: If there is doubt, the first and second will must be brought to probate, so the court can
decide on the revocation.
Illustration
2010: I give my entire hereditary estate solely to X 2013: I give my entire hereditary estate solely to Y
 Total revocation
 Y alone will inherit in this case
2010: I give X my entire hereditary estate subject to 2013: I give my entire hereditary estate to Y
a devise to Z consisting of my condo unit under CCT
No. 123.
 Partial revocation
 Reason: The change is only with respect to the universal heir and not on devise.
What is the effect of revocation by subsequent will?
1. The first remains revoked.
2. Revocation is an absolute provision.
3. It is independent of the acceptance or capacity of the new heirs.
4. The efficacy of the revocatory clause does not depend on the testamentary dispositions of the revoking
will, unless the testator so provides.
Doctrine of absolute revocation (GR)
 Rule: A probated new will, although valid, may become inoperative or ineffective due to the incapacity
of the heirs, devisees, or legatees or by their renunciation or repudiation. This fact notwithstanding, the
revocation of the previous will remains effective.
 Reason: The revoking will is valid except that it was rendered inoperative
Doctrine of relative revocation (XPN)
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 Rule: The original will should remain in full force on the theory that the testator meant the revocation of Art. 833. A revocation of a will based on a false cause or an illegal cause is null and void.
the old will to depend upon the efficacy of the new will.
 Note: The revoked will may be probated only if the subsequent revoking will is disallowed. Falsity or illegality of cause
 This rule applies where the testator cancels or destroys a will or executes an instrument intended to  In this article, the revocation is made under the mistaken belief that the cause is true or legal but which
revoke a will with a present intention to make a new testamentary disposition as a substitute for the turns out to be false or illegal.
old, and the new disposition is not made, or, if made, fails to effect for some reason.
Manners of revocation vis-a-vis falsity or illegality of cause
Summary REVOCATION BY SUBSEQUENT INSTRUMENT REVOCATION BY ACT
GR: The prior will is forever revoked. Rule: The effect of a revocation clause is not to be Rule: If revocation by physical destruction under
XPN: When the testator provides in the subsequent will that the revocation of the prior one is dependent on avoided by showing that it was inserted in the will by misapprehension of law or fact:
the capacity or acceptance of the H,D,L instituted in the subsequent will -> first will is not necessarily mistake of the testator, in any case where the 1. The revocation is NULL and VOID, and
revoked. (dependent relative revocation or conditional revocation) ground upon which the testator proceeded does not 2. Parol evidence is admissible to show that
appear in the instrument itself. the testator would not have revoked the
Molo v. Molo  Such would involve an alteration of a will will had he not labored under such a
What is the Dependent Relative Revocation (DRR)? by parol. misapprehension.
 The failure of the new testamentary disposition, upon whose validity the revocation depends, is
equivalent to the non-fulfillment of a suspensive condition, and hence, prevents the revocation of the But what if the revoking will reveals the premise Example: A will destroyed with intent to revoke it
original will. upon which the revocation was declared? under the mistaken belief of the testator that in the
 The revocation of the first will is considered conditional and dependent upon the efficacy of the new event of his dying intestate, his wife would be
disposition. If for any reason the new will intended to be made as a substitute becomes inoperative, Rule: Proof that the testator was mistaken in the entitled to the whole property, SHOULD BE
the revocation fails, and the original will remains in full force. premises thus assumed by him to be true is not ADMITTED to probate upon proof of its contents.
deemed an alteration of the will by parol evidence.
What is essential for the applicability of DRR?  It does not matter if the mistake is one of
 It applies only if the testator intended his act of revocation to be conditioned on the making of a new law or fact.
will or on its validity or efficacy.
Example: Where a testator by a codicil or later will
Is DRR applicable in cases of revocation by physical destruction? revokes a devise or legacy in his will, expressly
 In this case, the Court held in obiter, that the physical destruction of the will did revoke it (meaning first grounding such revocation on the assumption that
will subsists), on the inference drawn by the Court that the testator meant the revocation to depend on the legatees named in the will are dead, when, in
validity of a new one. fact, they are living, the revocation does not take
effect.
Diaz v. De Leon
The testator, shortly after the execution of the first will in question, asked that the same be returned to him. Where rule not applicable: Where from the
The instrument was returned to the testator who ordered his servant to tear the document. instrument of revocation the testator intended to
determine for himself the existence or non-
The intention of revoking the will is manifest from the fact that the testator was anxious to withdraw or existence of the grounds of revocation.
change the provisions he had made in his first will. The original will herein presented for probate has been  Where the testator was not assuming the
destroyed with animus revocandi. truth of information given to him by
others, but acted notwithstanding his
Balane: In order to revoke the first will, the second or subsequent will must be valid and probated. A doubts as to the verity of the ground
revoking will must be probated. stated, or where he must have known
whether or not the ground of revocation
stated was true.

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 Even if the will is revoked, such recognition remains effective.

Summary  Reasons:
Are wills revocable? 1. Recognition is not a testamentary disposition, and hence, it takes effect not upon the
 YES, wills are revocable ad nutum, at the pleasure of the testator. death of the testator, but upon the execution of the will.
2. Recognition once made is irrevocable unless there be vitiation of consent as where the
Must the testator have reason for revoking? revoking will was shown to have been made under threat, violence, or undue pressure or
 GR: NO, he need not have a reason or cause for revoking. influence.
 XPN: When there is a false or illegal cause
1. The revocation is not given effect REPUBLICATION AND REVIVAL OF WILLS
2. The revocation is null and void
3. The first will subsists Art. 835. The testator cannot republish, without reproducing in a subsequent will, the dispositions
contained in a previous one which is void as to its form.
What are the requisites for the nullification of the revocation?
1. The cause must be concrete, factual and NOT purely subjective Art. 836. The execution of a codicil referring to a previous will has the effect of republishing the will as
 This means that to have a valid revocation, the cause must be totally subjective modified by the codicil.
2. The cause must be false
3. The testator must not know its falsity Art. 835 Art 836
4. It must appear from the will that the testator s revoking because of the false cause Void as to form Void as to:
5. The illegal cause must be stated in the will as the cause of revocation 1. Non-formal defect
2. Previously revoked
How about revocation by physical destruction? How to republish How to republish
 If the revoked will is holographic, the revocation is invalid, and hence preserving the first will. 1. Execute new will 1. Execute new will or codicil
 BUT probate of the first will will still NOT be possible, unless a copy survives. 2. Copy out the provisions from original void 2. Simply make references to the original void
will will
Reference to original insufficient Reference to original sufficient
Important: Applicability of mode of republication
1. Void as to form: re-execution only
2. Revoked will:
a) Subsequent codicil/will Republication and revival, defined
 Note: the earlier revoked will can just be incorporated by reference REPUBLICATION REVIVAL
 No need to go through entire ceremony of notarial will. Shorter will is enough. Just The re-establishment by the testator of a previously The re-establishment to validity by operation of law
republish and incorporate by reference the prior will. revoked will or one invalid for want of proper of a previously revoked will.
b) Re-execution execution as to form or for the other reasons, so as
to give validity to said will.
What if the testator lacks testamentary capacity during execution of the will, can it be republished?
 NO! You cannot republish a VOID will. Just execute a new one (as if it is the first time) Kinds of republication
REPUBLICATION BY RE-EXECUTION REPUBLICATION BY REFERENCE
Art. 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein Express republication Implied republication
it was made should be revoked. The testator reproduces in a subsequent will the The testator executes a codicil referring to a
dispositions contained in a previous one which is previously revoked will which is valid as to its form,
Recognition of an illegitimate child in a revoked will void as to its form. or to a will which is void not as to its form but for
 Rule: The part of the will wherein the testator acknowledges an illegitimate child is NON-REVOCABLE. other causes, such as want of testamentary
 Note: Recognition is an IRREVOCABLE act. capacity.

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Republication by re-execution Effects

Note: The idea here is to oblige the testator to restate the dispositions contained in his previous will. 1. A codicil revives a will previously revoked.
2. A codicil validates alterations made in the will subsequent to its execution but prior to the
Requisites execution of the codicil.
1. The original will must be void as to its form. 3. A codicil may itself operate as revocation of the intervening will.
2. All the testamentary dispositions in the original will must be reproduced (not merely referred to) in
the subsequent will; and
3. The new will must be executed in accordance with all the formalities required by law. Art. 837. If after making a will, the testator makes a second will expressly revoking the first, the revocation
of the second will does not revive the first will, which can be revived only by another will or codicil.
Effects
1. It operates to revive the previous will. Second will expressly revoking the first, revoked by third
2. The dispositions in the original will are deemed to have been made as of the date of the latter will  Rule: The revocation of the second will does not revive the first.
which should stand on its own merits.  The revival must be by republication, ether expressly or impliedly (execution of another will or codicil).
 Hence, property acquired between the making of the first will and the second will form part of
the inheritance. Illustration
3. Dispositions shall be governed by the law enacted subsequently to the execution of the original will Will 1 -> Will 2 -> Will 3
but was operative when the re-execution was made.
 Note: But the rule that a codicil draws a will down to its own date is subject to the limitation that Effect: The revocation of Will 2 will not revive Will 1.
the intention of the testator must not be defeated by its application.
 It does not operate to revive a devise or legacy which has been satisfied. Reason for non-revival of first will
 Theory of instant revocation (theory of instanter): The revocation of a will by a later will is effective
Reminder: The date of the republication is the date of execution. immediately (that is inter vivos) upon the execution of the later will
 Once a will has been revoked, it cannot be considered as having either a present or potential
Illustration existence as a will, even though it is preserved.
Invalid execution: X inherits 3 parcels of land Re-execution: X inherits 200 parcels of land  Accordingly, revoked will is not revived in the absence of some act of the testator which adopts it as
 This is controlling, X gets 200 parcels of land his present will
 Theory inconsistent with rule: But this theory is inconsistent with the principle that wills take effect
Republication by reference only upon death.
Requisites
1. The will must be void for causes other than as to its form Balane's comment
2. The codicil must refer to the previous will; and This is a funny provision! Why?
3. It must be executed as in the case of a will  Because in order for the revocation of W1 to be effective, W2 must be probated. But W2 has
already been revoked by W3.
Note: There is nothing wrong if the codicil reproduces the provisions of the previous will instead of merely  It suggests that revoked wills (W2) are still submitted for probate.
referring to it.
Exception to non-revival: Does this provision apply to all kinds of revocation of W2?
Reconstruction of a revoked will  NO. This provision applies only if the revocation of W1 by W2 is express (express revocation).
 Rules:  If W1 is revoked by W2 only impliedly: the revocation of W2 by W3 revives W1, unless W3 itself is
1. A will which has been revoked is a nullity. inconsistent or incompatible with W1.
2. It cannot be revived except by republication
 Example: A will is torn into pieces by testator. The same cannot be re-establish by just pasting W1 REVOKED BY W2 EXPRESSLY W1 REVOKED BY W2 IMPLIEDLY
the fragments or piece of papers. It must be republicated. Art. 837 applies. Art. 837 does NOT apply.

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Effect: W3 revoking W2 will not revive W1 Effect: 3. Proceeding in rem

 GR: W3 revoking W2 revives W1.  Notice by publication is sufficient. Personal notice upon heirs is only a matter of satisfying due
W1 expressly revoked by W2, W2 revoked by W3  XPN: process.
 "Instanter" an express revocation is 1. W3 itself is inconsistent with W1.  When probate is granted, it is binding upon everybody even against the State
immediately final and executory. 2. When W2 is holographic and it is 4. Proceeding in which the area of inquiry is limited to an examination of, and resolution on, extrinsic or
 In this case, if the only testamentary provision revoked by physical destruction, formal validity of the will.
in W3 is revocation of W2 then the decedent probate is no longer possible unless a 5. Proceeding required by public policy
died intestate. copy survives  The statute of limitations and rule of estoppel are NOT applicable to probate proceedings.
 BUT once probated: The annulment of the will may be barred by prescription and res judicata.
PROBATE: ALLOWANCE AND DISALLOWANCE OF WILLS  When there is estoppel to contest provisions of will: When the contestant has already
accepted benefits under the same will.\
Art. 838. No will shall pass either real or personal property unless it is proved and allowed in accordance
with the Rules of Court. Necessity for probate
The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his 1. Because the law expressly provides that "no will shall pass either real or personal property unless it is
will. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the proved and allowed in accordance with Rules of Court."
testator's a death shall govern. 2. Because the probate of will, which is a proceeding in rem, cannot be dispensed with and substituted by
any other proceeding, judicial or extra-judicial.
The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of 3. Because public policy requires it for unless the will is probated and notice thereof given to the whole
wills on petition of the testator. world, the right of a person to dispose his property by will may be rendered nugatory.
4. Because absent legatees and devisees, or such of them as may have no knowledge of the will, could be
Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after cheated of their inheritance, thru the collusion of the heirs.
his death, shall be conclusive as to its due execution.
Kinds of probate
Probate, defined 1. Post mortem probate: That which is had after the testator's death.
 The act or process of proving before a competent court the due execution of an instrument purported  Who can file?
to be the last will and testament of a deceased person for its allowance by the said court, that is, for its a) Executor named in the will
official recognition and the carrying out of its provisions insofar as they are in accordance with law. b) Any heir named in the will
 It is the statutory method of establishing in court the proper execution of an instrument and adjudging it c) Any heir having interest in the estate
as the valid will of a deceased person. d) Actual custodian of the will even if not named as executor
 Balane: It is a judicial proceeding where the will is "tested" for its compliance with the formal validity of  Rule: ANY person with interest can file a petition for probate, even if custodial of the will disagrees.
wills.  It is sufficient that he shows prima facie evidence of his or her relationship to the testator, or his
 It is the FIRST PART of two stages in a settlement proceeding. right to latter's estate.
1. Probate of will -> extrinsic validity  Precedence of testate over intestate proceedings: Even if court takes cognizance of intestate
2. Settlement proper -> intrinsic validity proceedings, a probate proceeding will prevail; the former may be dismissed since testacy is favored
 The probate of wills is MANDATORY. over intestacy.
 Who can oppose?
Contest of the will, defined a) Those with interest under the will
 An attempt to defeat an instrument offered as a will on the ground of its invalidity. b) Those with interest under the law
 Strangers CANNOT oppose the probate of a will.
Nature of probate proceedings
1. Special proceeding 2. Ante-mortem probate: That which is had upon petition by the testator himself during his lifetime.
 The court should relax the rules on evidence
2. Testamentary proceeding Advantages of ante-mortem probate
1. Easier for the court to determine the mental condition of the testator (since he is still alive)
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2. Fraud, intimidation and undue influence are minimized. c) All heirs agreed to dispense with probate
3. Lessens the number of contests upon the wills o Pro hac vice in one case; they had compromise agreement to divide estate according
to the will even without probate.
Disadvantages of ante-mortem probate d) Ownership of property disposed of in issue
 Even after probate, testator can change the same. o Where the decedent was not the sole owner of the property conveyed by him in his
will, the disposition of the whole property to the prejudice of the other co-owners
Matters to be resolved by probate court: EXTERNAL VALIDITY only may be declared invalid.
1. Identity of the will: Whether it is the same will or a forgery
2. Due execution of a will: It refers to the formal or extrinsic validity of the will Authority of probate court to adjudicate title to property
3. Age and mental capacity of testator  GR: Question of ownership is a matter which the probate court cannot resolve with finality.
4. Signing of document by the testator  XPN: (Probate court may pass upon issue of ownership)
5. Acknowledgment of the instrument by him in the presence of the required number of witness a) Where interested parties are all heirs, and rights of third persons are not impaired, it is
 Only purpose of probate: To establish conclusively the fact that a will was executed with the formalities optional to them to submit to the probate court a question as to title of property.
and solemnities required by law for the validity of the will and that the testator was in a condition to b) When the controversy is whether the property in issue belongs to the conjugal partnership
make a will. or conclusively to the decedent.
 If will is disallowed: Dispositions are void but non-dispositive matters are not affected e.g.  Reason: The same is within the jurisdiction of the probate court which necessary has
acknowledgment of illegitimate child. to liquidate the conjugal partnership in order to determine the estate of the
decedent which is to be distributed to the heirs.
Matters outside the authority of probate court
1. Declaration of heirs or capacity of heirs to succeed Requirements before probate court acquires jurisdiction over the will
2. Ruling on the filiation of the decedent  There must be evidence showing that:
3. Intrinsic validity or legality of the provisions of the will a) That a person died leaving a will
a) That a certain legacy is void and another one is valid b) If resident citizen: he died in the province where the court exercises territorial jurisdiction
b) That a certain person has been disinherited If non-resident citizen: he has left an estate in the province where the court is situated
c) That a certain person has a right or no right to an inheritance c) Last will of deceased has been delivered to the probate court
4. Adjudicate on title of properties claimed to part of the estate
5. Capacity of heirs to succeed: Other matters of legal relationship such as validity of marriage, filiation of Actions by court in probate proceedings
children or qualification of heirs 1. The probate of the will of the decedent
 Effect of decision on these matters: The ruling of the probate court on these matters is mere 2. Grants letter of administration to the party best entitled or to any qualified applicant
PROVISIONAL and NOT BINDING. 3. Supervises and controls all acts of administration
4. Hears and approves claims against the estate of the deceased
EXCEPTION: When probate court can decide on intrinsic matters of will 5. Orders payment of lawful debts
 GR: The court does not determine nor even by implication prejudge the validity or efficacy of the 6. Authorizes sale, mortgage, or any encumbrance of real estate
testamentary provisions of a will. 7. Directs the delivery of the estate to those entitled thereto
 Note: The question of intrinsic validity of a will normally comes only after the court has
declared that the will has been duly authenticated. Witnesses to probate: NO OPPOSITION TO WILL*
 XPN: (Intrinsic validity of will passed upon)  Notarial will: Only one of the subscribing witnesses only, if such witness testifies that the will was
a) The appellate court can meet the issue of the validity of the provisions of the will even executed as required by law.
before it is probated.  Holographic will: At least one witness who knows the handwriting and signature of the testator.
o Occurs when the parties shunted aside the question of allowance of will and  He must explicitly declare that will and signature are in the handwriting of the testator.
travelled on issue of intrinsic validity, and the probate court rejects the will  If no witness: Then EXPERT WITNESS.
b) Will void on its face
i. There is preterition Witnesses to probate: WILL IS CONTESTED
ii. All properties in the will does not belong to the testator  Notarial will, GR: All subscribing witness and notary public
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 XPN: If witness is dead, insane or not residing in the Philippines, the court may admit
witnesses to prove the due execution of the will and the sanity of the testator
 Holographic will: At least three witnesses who know the handwriting and signature of the testator
 If no 3 witnesses: Then EXPERT WITNESS
 Note: In HW, it is not necessary that witnesses first be presented before expert testimony may
be resorted to.
Characteristics of probate of will*
1. Mandatory
2. Imprescriptible
3. Proceeding in rem
Probate of will: MANDATORY
Guevara v. Guevara, 74 P 479
If the decedent left a will and no debts and the heirs and legatees desire to make an extrajudicial partition of
the estate, they must first present that will to the court for probate and divide the estate in accordance with
the will. They may not disregard the provisions of the will unless those provisions are contrary to law.
The suppression of wills is contrary to law and public policy, because unless the will is probated and notice
thereof given to the whole world, the right of a person to dispose of his property by will may be rendered
nugatory, as is attempted to be done in the instant case. Absent legatees and devisees, or such of them as
may have no knowledge of the will, could be cheated of their inheritance thru the collusion of some of the
heirs who might agree to the partition of the estate among themselves to the exclusion of others.
The probate of a will is a proceeding in rem, and cannot be dispensed with and substituted by any other
proceeding, judicial or extrajudicial, without offending public policy.
What is a decree of probate?
 A declaration of the court that the will in question conforms to the requirement for formal validity.
Effects of probate of will*
1. It is res judicata
2. Conclusive as to the due execution of the will
3. Conclusive that the testator was of sound and disposing mind at the time when he executed the will and
not acting under violence, intimidation, fraud, or undue influence.
 XPN to the finality of probate decree
a) Allowance of subsequent will: The probate of will is no bar to the allowance of another will
subsequently discovered, provided:
o The latter is proved to be posterior to the one already probated; or
o In the contrary case, if the two wills could stand together.
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b) If a will is already probated during the lifetime of the testator, can he make another will
thereafter? YES, he can revoke the probated will and create a new will before his death.
4. Court can proceed to partition in accordance with will, legitime.
 Parties can even petition to extrajudicial partition.
Dela Cerna v. Potot
The final decree of probate has conclusive effect as to his last will and testament, despite the fact that even
then the Civil Code already decreed the invalidity of joint wills.
The lower court committed error in allowing the joint will but having given a final judgment on the probate,
the same is binding upon the whole world. It does not affect the conclusiveness of its final decision, however
erroneous.
The courts have spoken with finality when the will was probated.
Matters rendered final, conclusive and res judicata by the probate of will
Gallanosa v. Arcangel
The decree of probate is conclusive as to the due execution or formal validity of the will. It means that:
1. Testator: of sound and disposing mind at the time when he executed the will
2. Testator: not acting under duress, menace, fraud, or undue influence
3. Will: is signed by him in the presence of the required number of witnesses
4. Will: is genuine and not a forgery
These facts cannot be questioned again in a subsequent proceeding. After the finality of the allowance of
will, the issue as to voluntariness of its execution cannot be raised anymore. It was rendered in a proceeding
in rem and binding upon the whole world.
Probate of will: IMPRESCRIPTIBLE
 Can even be filed after the death of testator
Effect of belated discovery of will and the estate was already divided pursuant to intestacy:*
1. Any prior partition pursuant to intestacy is deemed VACATED.
2. Probate of newly discovered will will have MODIFICATORY effect with respect to third person who
acquired the property even in good faith.
3. If the transfer to third person has no right under the will, such transfer is NULL and VOID even if the
third person is purchaser in good faith.
Probate of will: PROCEEDING IN REM
 Order by the court binding upon all third persons (not just creditors, or heirs)
 Note: If there is pending probate proceeding and another will (later date) is submitted for probate, the
first one must be dismissed or at least suspended
Jurisdictional facts in probate
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1. Death (in case of post-mortem probate)

2. Publication 6TH GROUND: Mistake
3. Copies of petition were served to all interested parties if ordered by the Court  The testator did not intend to sign a will, as when, he believed that he was signing a deed of sale in lieu
4. Will itself of which the will was substituted.

Art. 839. The will shall be disallowed in any of the following cases: ADD 7TH GROUND: When will is revoked.
th
(1) If the formalities required by law have not been complied with; ADD 8 GROUND: Joint will.
(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its
execution; Revocation and disallowance, distinguished
(3) If it was executed through force or under duress, or the influence of fear, or threats; REVOCATION DISALLOWANCE
(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of Made by the voluntary act of the testator himself Made by means of a judicial decree
some other person; Can be made with or without cause Must always be for any of the causes provided by
(5) If the signature of the testator was procured by fraud; law
(6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the May be partial or total Generally total except where the fraud or undue
time of affixing his signature thereto. influence affects only a part of the will
Takes place during the lifetime of the testator Usually invoked after the testator's death
 The grounds for disallowance are EXCLUSIVE. BOTH presuppose an existing will and both render the affected will null and void.
 Effects if any of these grounds is present
 Will is VOID. INSTITUTION OF HEIR
 Note: Wills are either valid or void only. There is no such thing as a voidable will even if the
ground is vitiated consent. Intrinsic Validity
 Involves naming of heir and giving of property
4TH GROUND: Undue influence  Testamentary act of testator in naming and designating testamentary heirs who will benefit from the
 Rule: Mere general or reasonable influence over a testator is not sufficient to invalidate a will. will.
 Guideline: To be sufficient to avoid a will, the influence exerted must be of a kind that so overpowers  Purpose: To prevent unintended persons from acquiring property from the FDP of the estate.
and subjugates the mind of the testator as to destroy his free agency and make him express the will of
another, rather than his own. Art. 840. Institution of heir is an act by virtue of which a testator designates in his will the person or
persons who are to succeed him in his property and transmissible rights and obligations.
Coso v. Deza, 42 P 596
Influence by kindness and affection NOT undue influence: Influence gained by kindness and affection will Institution of heir, definition
not be regarded as 'undue,' if no imposition or fraud be practiced, even though it induces the testator to  An act by virtue of which a testator designates in his will the person or persons who are to succeed him
make an unequal and unjust disposition of his property in favor of those who have contributed to his comfort in his property and transmissible rights and obligations.
and ministered to his wants, if such disposition is voluntarily made.  Note: In general, the provisions on institution of heir are applicable to the designation of devisees and
legatees.
Notes:
1. No undue influence because there is NO MORAL ASCENDANCY. Characteristics of an instituted heir
2. Even if the love and affection is illicit, it does not per se result to undue influence. 1. A testamentary heir
2. He continues the judicial personality of the testator
5TH GROUND: Fraud  BUT only to the extent of inheritance
 The testator knew that he was signing a will but through fraud or trickery he was misled or deceived as 3. Can be natural or judicial persons
to the contents of the document.  If natural: at least conceived
 Burden of proof: The party challenging bears the burden to prove fraud.  If juridical: must not be prohibited to succeed under the law

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4. He acquires rights which are limited to the FDP
5. He is presumed to have been instituted
Kinds of Institution
1. Universal: inherit a fraction or aliquot part or whole portion of the estate
2. Devise or Legacy: inherit an individualized item from estate
 Important: Devisee or legatee are preferred over universal heirs
Principles of Institution
EQUALITY
Art. 846. Heirs instituted without designation of shares shall inherit in equal parts.
Art. 848. If the testator should institute his brothers and sisters, and he has some of full blood and others
of half blood, the inheritance shall be distributed equally unless a different intention appears.
 Rule: Unless testator specified otherwise, two or more heirs named shall inherit in equal shares.
 If the testator intends an unequal apportionment, he should specify
 Example: "I give to A & B my parcel of land."
 Note:
1. This article applies only in testamentary succession among heirs, devisees and legatees
2.
What if one of the two testamentary heirs is a compulsory heir?
 The legitime of the compulsory heir must be respected first and set aside, thereafter the remainder or
FDP shall then be equally divided between the said heirs.
Institution in favor of class or group of heirs
 In the absence of contrary intent , the testator, by designating a class or group, intended all members
thereof to succeed per capita.
Institution of brothers and sisters
 Whether the brothers and sisters are all half blood or full blood, legitimate or illegitimate, the
inheritance shall be distributed equally.
 Note: The same is NOT true in intestate succession, there is a proportion of 2:1 between the full and
half blood brothers and sisters.
INDIVIDUALITY
Art. 847. When the testator institutes some heirs individually and others collectively as when he says, "I
designate as my heirs A and B, and the children of C," those collectively designated shall be considered as
individually instituted, unless it clearly appears that the intention of the testator was otherwise.
Principle of Equality and Individuality of Designation
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 GR: Following the rule of equality in 846, there is also a presumption that heirs collectively referred to
are designated per capita along with those separately designate.
 XPN: If the testator intended a block designation, he should specify
 Example: I give X and all my nieces 1M.
 If there are 19 nieces, then they will all (19 nieces + X) receive their inheritance equally as if
they are all named individually.
 Another example: I institute A and B as my heirs, and all members of Power Class 3A.
 The total will not be 3 because you will have to count all the members of Power Class 3A,
including yours truly :)
 IF "I give to all my relatives 1M"
 Different rule: Apply rule of proximity thus not all relatives will inherit
SIMULTANEITY
Art. 849. When the testator calls to the succession a person and his children they are all deemed to have
been instituted simultaneously and not successively.
Institution of a person and his children
 When testator calls to inheritance a person and his children, they must inherit equally.
 Example: I give to X and his 7 children my parcel of land
 X cannot claim alone; they all inherit equally
 Note: This also illustrates the principle of equality and individuality (per capita).
Requisites of valid and effective institution (VPA-CAA)
1. Valid will
2. Institution of heirs personally done by the testator
3. Institution within the authority given by law to the testator
4. True and genuine cause
5. Heir is certain or at least ascertainable in identity
6. Heir is alive, willing, capacitated and NOT disqualified to inherit
7. No preterition/pretermission (see earlier discussion on preterition)
First requisite: VALID WILL
Art. 841. A will shall be valid even though it should not contain an institution of an heir, or such institution
should not comprise the entire estate, and even though the person so instituted should not accept the
inheritance or should be incapacitated to succeed.
In such cases the testamentary dispositions made in accordance with law shall be complied with and the
remainder of the estate shall pass to the legal heirs.
Valid will
 It must meet the requirements for probate or allowance
Will is still valid even if:

1. It does not institute an heir as where the will merely disinherits a compulsory heir or acknowledges an
illegitimate child.
2. The institution does not cover the entire estate (result to mixed succession)
3. The instituted heir repudiate or be incapacitated to accept the inheritance (VALID but inoperative)
Second requisite: INSTITUTION PERSONALLY DONE BY TESTATOR
Important provisions to remember:
1. Art. 784: The making of a will is a strictly personal act; it cannot be left in whole or in part of the
discretion of a third person, or accomplished through the instrumentality of an agent or attorney.
2. Art. 785: The duration or efficacy of the designation of heirs, devisees or legatees, or the determination
of the portions which they are to take, when referred to by name, cannot be left to the discretion of a
third person.
3. Art. 787: The testator may not make a testamentary disposition in such manner that another person has
to determine whether or not it is to be operative.
 Note: The testator may make a testamentary disposition of specific property or sums of money in favor
of specified classes (e.g. mental retardees, poor) or causes (e.g. peace in our country, campaign
against drug addiction).
 The testator then can entrust to a third person named in the will not only the distribution
(partition and delivery) of the property or money BUT also the designation of beneficiaries to
which the same will be given or applied.
Third requisite: FREEDOM OF DISPOSITION BY TESTATOR
Art. 842. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of
any person having capacity to succeed.
One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions
of this Code with regard to the legitime of said heirs.
 If the testator has no compulsory heirs, his freedom of disposition is absolute in character. The whole estate
is disposable.
 He can, therefore, dispose of the whole of his estate or any part of it in favor of any person, provided
that such person has the capacity to succeed.
 If the testator has compulsory heirs, his freedom of disposition shall extend only to the disposable free
portion of his estate, but not to the legal portion of his legitime.
 Restrictions on Disposition
1. The estate of the testator shall be liable for the latter’s obligations; and
2. The testator cannot dispose of or encumber the legitime of the compulsory heirs
Art. 843. The testator shall designate the heir by his name and surname, and when there are two persons
having the same names, he shall indicate some circumstance by which the instituted heir may be known.
Even though the testator may have omitted the name of the heir, should he designate him in such manner
that there can be no doubt as to who has been instituted, the institution shall be valid. (772)
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Art. 844. An error in the name, surname, or circumstances of the heir shall not vitiate the institution when
it is possible, in any other manner, to know with certainty the person instituted.
If among persons having the same names and surnames, there is a similarity of circumstances in such a
way that, even with the use of the other proof, the person instituted cannot be identified, none of them
shall be an heir. (773a)
Art. 845. Every disposition in favor of an unknown person shall be void, unless by some event or
circumstance his identity becomes certain. However, a disposition in favor of a definite class or group of
persons shall be valid. (750a)
Art. 850. The statement of a false cause for the institution of an heir shall be considered as not written,
unless it appears from the will that the testator would not have made such institution if he had known the
falsity of such cause. (767a)
Art. 851. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the
inheritance, legal succession takes place with respect to the remainder of the estate.
The same rule applies if the testator has instituted several heirs, each being limited to an aliquot part, and
all the parts do not cover the whole inheritance. (n)
Art. 852. If it was the intention of the testator that the instituted heirs should become sole heirs to the
whole estate, or the whole free portion, as the case may be, and each of them has been instituted to an
aliquot part of the inheritance and their aliquot parts together do not cover the whole inheritance, or the
whole free portion, each part shall be increased proportionally. (n)
Art. 853. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts
together exceed the whole inheritance, or the whole free portion, as the case may be, each part shall be
reduced proportionally. (n)
Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether
living at the time of the execution of the will or born after the death of the testator, shall annul the
institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without
prejudice to the right of representation. (814a)
Art. 855. The share of a child or descendant omitted in a will must first be taken from the part of the estate
not disposed of by the will, if any; if that is not sufficient, so much as may be necessary must be taken
proportionally from the shares of the other compulsory heirs. (1080a)
Art. 856. A voluntary heir who dies before the testator transmits nothing to his heirs.

A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who
renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in
this Code.
FOURTH REQUISITE: The institution must be based on true or genuine cause
 GR: No need to state reason for it is a pure gratuity even if it is remunerative.
 XPN: If the cause is found to be false, the institution is rendered void; requisites:
1. The testator instituted heirs;
2. The cause for the institution is expressed in the will;
3. The cause is subsequently found to be untrue;
4. There is proof that the institution would not have been made had the testator known the truth.
FIFTH REQUISITE: Heir must be certain or ascertainable by (a) name or (b) by description
 Dispositions in favor of an unknown person shall be void, unless through some event or circumstances, his
identity becomes certain.
 The institution of an unknown person will still be void even if by some future event he can be
determined when the determination of the heir is delegated by the testator to another.
 The disposition in favor of a defined class or group is valid.
 If unknown despite description, effects:
a. The institution is invalidated; but
b. Those valid provisions are not invalidated.
Forms of Institution
 The testator shall designate the heir by his name and surname. However, this form is not mandatory. The
designation may be made in any other form, as long as there is no doubt as to the identity of the heirs
instituted
Tests to Determine the Validity of Institution
 The proper test to determine the validity of the institution is the possibility of finally ascertaining the identity
of the instituted heir either by intrinsic or extrinsic evidence. The test is specifically applicable to the
following cases:
1. If the name and surname of the instituted heir has been omitted by the testator.
2. If there has been an error with respect to the name, surname, or other circumstances of the instituted
heirs.
3. If the name, surname, and circumstances of the instituted heir are the same as those of other persons
4. If an unknown or uncertain person has been instituted.
 Note: if the doubt as to who is instituted cannot be resolved, then it is the same as if the testator has not
expressed the same in his will.
SIXTH REQUISITE: The instituted heir is alive, capacitated, willing, and qualified
 This means that there is no predecease, renunciation, or incapacity of the heir to inherit
 In case of predecease or incapacity:
1. The voluntary heir who dies ahead of the testator transmits nothing to his own heirs.
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2. The compulsory heir who dies ahead of the testator transmits his rights to his representatives (in
the direct descending line and collateral line; none in the ascending line).
3. Here, the representative inherits not from the person represented but form the one whom the
person would have succeeded.
 In case of renunciation:
1. An heir who renounced his inheritance, whether compulsory or voluntary, does not transmit any
right to his own heirs.
2. But he who repudiated may represent the person whose inheritance he renounced.
SEVENTH REQUISITE: There is no preterition
 Preterition, requisites:
1. There are compulsory heirs in the direct line;
 The omission of the surviving spouse does not constitute preterition because s/he is not a
compulsory heir in the direct line.
 Therefore, the only effect of her omission is a partial annulment of the institution of heirs to the
extent that her legitime is not prejudiced.
2. One, some, or all of them are omitted in the inheritance.
3. The omission is total which means that nothing at all has been giving in favor of the omitted compulsory
heir by way of an advance or that nothing is left in the hereditary estate after the institution of the heir
 Remedy of affected heir is omission is not total: completion of legitime.
4. The omitted heir is alive at the making of the will and/or at the opening of succession
 Note: only those who is entitled to inherit in their own right may question the will on the ground of
preterition.
 Note: The share of the compulsory heir omitted in a will must first be taken from the part of the estate not
disposed of by the will, if any; if that is not sufficient, so much as may be necessary must be taken
proportionally from the shares of the other heirs given to them by will
 Effects:
1. If the omission is unintentional:
o Institution of universal heir is annulled.
o Institution of devisee or legatee is valid insofar as they are not inofficious.
2. If the omission is intentional:
o The institution is valid subject to the legitime of the omitted compulsory heir.
3. If the omitted compulsory heir dies before the testator, institution shall be effectual, without
prejudice to the right of representation.
4. Intestacy ensues.
SUMMARY OF RULES in EQUALITY, INDIVIDUALITY, SIMULTANEITY
1. If the shares of some heirs are designated, while those of others are not, those parts designated shall be
given to their owners, and the balance shall be divided equally among those whose shares are not
designated
2. If the shares of those whose portions are designated should consume the entire estate, those whose
shares are not designated will inherit nothing
3. When there is no designation of shares but the testator has provided that specific things be given to
each heir, and such things form only a portion of the estate, the institution must be considered as one

without designation of shares and the heirs will divide the estate equally, but the value of the specific
things assigned to each must be included in the amount that should pertain to each.
INSTITUTION OF BROTHERS AND SISTERS in case some are of the full-blood and others are of the half-blood
1. In case of TESTATE succession, the inheritance shall be distributed equally unless a different intention
appears
2. In case of INTESTATE succession, those of the full-blood shall be entitled to a share double that of those
of the half-blood
INSTITUTION ON ALIQUOT PARTS
 Rule if the entire inheritance is not covered:
a. Testator has no intention to make heirs as sole heir  Apply Mixed Succession
b. Testator has intention to make heirs as sole heirs  each part is increased proportionately
 Rule if more than the inheritance is covered: each part is reduced proportionately
Thus,
a. If there is only one heir, deliver the entire/fraction of/property to him subject to any reduction
b. If there are two or more heirs under the same testamentary provision,
1. Apply the allocation prescribed by the testator
2. If silent, equal shares
SUBSTITUTION OF HEIRS
Article 857. Substitution is the appointment of another heir so that he may enter into the inheritance in default
of the heir originally instituted.
Article 858. Substitution of heirs may be: (1) Simple or common; (2) Brief or compendious; (3) Reciprocal; or (4)
Fideicommissary.
Substitution of heirs: another heir or heirs who will inherit in default of the first original heir intended.
 Testator also permitted by law to make a second or subsequent designation in case the heirs, devisees or
legatees originally appointed should die before him or should not want or cannot accept the inheritance.
 Question: Why does the law allows substitution of heirs?
 Answer:
1. To allow the Testator greater freedom in identifying persons or persons who will benefit from the
estate.
2. To allow the testator to reward the various persons desired to acquire subsequent benefit from the
estate.
3. To avoid intestacy in any part of the hereditary estate.
 To prevent the inheritance from passing by operation of law to those to whom the same would pass
either by right of representation, or by right of accretion, or by right of intestate succession, were it not
for the substitution.
Article 859. The testator may designate one or more persons to substitute the heir or heirs instituted in case
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such heir or heirs should die before him, or should not wish, or should be incapacitated to accept the
inheritance. A simple substitution, without a statement of the cases to which it refers, shall comprise the three
mentioned in the preceding paragraph, unless the testator has otherwise provided.
Article 860. Two or more persons may be substituted for one; and one person for two or more heirs.
Article 861. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire
the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the
testator was otherwise. If there are more than one substitute, they shall have the same share in the
substitution as in the institution.
Article 862. The substitute shall be subject to the same charges and conditions imposed upon the instituted
heir, unless and testator has expressly provided the contrary, or the charges or conditions are personally
applicable only to the heir instituted.
Kinds of substitution of heirs
1. Vulgar substitution: that which takes place when the testator designates one or more persons to substitute
the heir or heirs instituted in case such heir or heirs should die before him, or should not wish, or should be
incapacitated to accept the inheritance.
 General Limitation: If the heir for whom a substitute is appointed is a compulsory heir, the rule is that
the substitution cannot affect the legitime of such heir.
 The testator designates a second heir who will inherit in case the first heir instituted either of the
following:
a. dies ahead of the testator (predeceased) or;
b. refuses or repudiates the inheritance or;
c. declared incapacitated or disqualified
 In the same testamentary disposition, there are actually two heirs named the first heir and the
substitute heir.
 The substitute heir will only inherit if the first or original heir does not by reason of the cause or causes
stated in the will. Such causes are limited these are predeceased, incapacity or repudiation.
 Thus vulgar substitution is actually a form of alternative succession provided only one will inherit.
 Therefore as far as the substitute heir is concerned his or her institution is subject to suspensive
condition.
nd
 Question: What is the suspensive condition imposed upon the 2 heir?
 Answer: That the first heir dies ahead or becomes incapacitated or repudiates.
 If the substitute inherits, as a rule, the substitute is subject to the same conditions or burdens imposed by
the testator on the original heir unless otherwise stated.
 Example: I hereby give to A 1M provided he passes the Bar. B can substitute A in case of predecease,
incapacity or repudiation.
 If B substitutes, B must also pass the Bar.

 If he does not pass, the substitution is rendered INEFFECTIVE.
 XPNs
1. When the testator has expressly provided the contrary; or
2. When the charges or conditions are personally applicable only to the heir instituted.
Article 863. A fideicommissary substitution by virtue of which the fiduciary or first heir instituted is entrusted
with the obligation to preserve and to transmit to a second heir the whole or part of the inheritance, shall be
valid and shall take 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 second heir are living at the time of the
death of the testator. (781a)
Article 864. A fideicommissary substitution can never burden the legitime. (782a)
Article 865. Every fideicommissary substitution must be expressly made in order that it may be valid. The
fiduciary shall be obliged to deliver the inheritance to the second heir, without other deductions than those
which arise from legitimate expenses, credits and improvements, save in the case where the testator has
provided otherwise. (783)
Article 866. The second heir shall acquire a right to the succession from the time of the testator's death, even
though he should die before the fiduciary. The right of the second heir shall pass to his heirs. (784)
Article 867. The following shall not take effect:
(1) Fideicommissary substitutions which are not made in an express manner, either by giving them this name,
or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir;
(2) Provisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit
fixed in article 863;
(3) Those which impose upon the heir the charge of paying to various persons successively, beyond the limit
prescribed in article 863, a certain income or pension;
(4) Those which leave to a person the whole or part of the hereditary property in order that he may apply or
invest the same according to secret instructions communicated to him by the testator. (785a)
Article 868. The nullity of the fideicommissary substitution does not prejudice the validity of the institution of
the heirs first designated; the fideicommissary clause shall simply be considered as not written. (786)
Article 869. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to
another the usufruct, shall be valid. If he gives the usufruct to various persons, not simultaneously, but
successively, the provisions of article 863 shall apply. (787a) Article 870. The dispositions of the testator
declaring all or part of the estate inalienable for more than twenty years are void. (n)
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2. Fideicommissary substitution/indirect substitution: the testator designates a first heir known as the
fiduciary who is imposed the obligation to observe and then later transmit the same inheritance to a second
heir also known as fideicommissary substitute.
 Both fiduciary and fideicommissary substitute inherit simultaneously from the testator. There is
simultaneous succession from the moment of death of the testator.
 However the inheritance of the fideicommissary substitute is subject to a suspensive period which is the
death of the fiduciary or arrival of the time fixed by the testator in the will.
Requisites of a valid fideicommissary substitution:
1. The fideicommissary substitution must be expressed in the will.
 By calling it “fideicommissary substitution.”
 But if not specifically called as such, it should be construed as such for as long as the testator imposes
the obligation to preserve and later convey or transmit the property to another.
 Example: (1) Keep the property unimpaired so that it will pass to another; (2) Not to alienate so that it
may be passed to another.
2. The fiduciary and the fideicommissary substitute must NOT go beyond one degree.
 One degree means one transfer. The transfer must be from fiduciary to the fideicommissary substitute.
nd
 If the testator imposss upon the fiduciary and the 2 heir the perpetual obligation to keep transmitting
the property to some other person or to several persons successively then it is void beyond one degree.
 If the gift refers to income or usufruct, or to pension imposed by the testator to the first heir, the
provision is valid within one degree.
 One degree is also one degree of relationship.
o The transfer cannot also go beyond parent and child.
 Exception: The second heir is the CATHOLIC CHURCH.
 Except for the Catholic Church, juridical persons cannot be instituted under a fideicommissary
substitution because they do NOT have children or parents.
 Question: Can it be between husband and wife?
 Answer: No. They are strangers. No related to each other by one degree.
3. Both the fiduciary and the fideicommissary heir must be alive, willing and capacitated to inherit at the
time of death of the testator.
 The fiduciary acquires only the beneficial interest over the inheritance.
 The fideicommissary substitute acquires naked title or ownership at the time of death of the testator.
4. The substitution must not burden the legitime of compulsory heirs.
 Thus, if the testator institutes his own son as the first heir or fiduciary imposing upon him the obligation
to preserve and to transmit to the second heir or fideicommissary the whole or part of the inheritance,
the substitution shall be understood to refer only to the disposable free portion of such inheritance.
 Effect of Death
1. If the fiduciary died before the testator, treat it as vulgar substitution.
2. If the fideicommissary substitute dies ahead of the testator it is as if there was no substitution, similar to
institution of heirs.
3. If both of them died ahead, the testamentary disposition will now become inoperative and it will pass by
intestacy.

 Fiduciary heir has the obligation to preserve the property but that obligation is co-extensive only to the value
of the inheritance and make an inventory.
 At the time of death of the testator, fiduciary can make improvements, can explore, exploit or abuse the
property for as long as he does not alter the substance of the property in usufruct same as fiduciary.
 Question: When can the fiduciary transmit the inheritance to the fideicommissary heir?
 Answer:
1. Period stated by the testator in the will.
 However if the fideicommissary substitution imposes the absolute prohibition to sell or alienate it
cannot go beyond 20 years.
2. If no period is specified, then the obligation to transmit will arise upon the death of the fiduciary
 Even if it takes MORE THAN 20 years.
 It’s the heirs of the fiduciary who has the obligation to transmit.
 The fiduciary can deliver earlier than the period stated or prior to death voluntarily.
Rights of the fideicommissary substitute:
1. While the fiduciary is enjoying the inheritance, the fideicommissary substitute may protect the right by
seeking inscription or annotation of the right in the appropriate registry.
2. Upon the death of the fiduciary or upon the period stated by the testator, the fideicommissary may
compel delivery or consolidation of the title.
Note: The operations of a fideicommissary substitution is similar to reserva troncal except that reserva
troncal is by operation of law
Whether vulgar or fideicommissary substitution, the substitution may be the following:
nd st
1. Ordinary: if there is only one substitute or 2 heir or one original or 1 heir.
2. Brief: implies a plurality of substitutes whereby in the will, two or more substitutes were named by the
st
testator to the original or 1 heir.
3. Compedious: implies a plurality of heirs to be substituted.
 Example: A and B are the original heir; their substitute is C.
 If A cannot inherit then C can take his share; if B cannot inherit then C will get his share.
 If both A and B cannot inherit, then C will get the entire inheritance.
4. Reciprocal: most effective in vulgar substitution whereby the heirs instituted become the substitute of
one another.
 Example:
1. I hereby give to A and B 1M, to substitute each other.
 If A dies ahead, becomes incapacitated or repudiates, B gets the share of A.
 Therefore B will inherit 500K as the original heir and because of the default on the part of A, B
also gets the share of A as substitute.
2. I hereby give to a A 1/4 and B ¾, and both shall substitute one another.
 If A cannot inherit then, B will get 750K as original heir and 250K as substitute.
3. I hereby leave with A,B and C a parcel of land and should any of them die ahead, become
incapacitated, or repudiates they shall be substitute one another.
 They are presumed to inherit equally. What if A does not inherit, how much will B and C
inherit?
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 B will get his original 1/3 of land plus the 1/3 of the 1/3 of A because the share in the
substitution is the share in the institution.
 C will get his original share 1/3 plus 1/3 of the 1/3 of A.
 The 1/3 of the 1/3 of A will pass to intestacy unless the testator states otherwise.
Substitutions that are considered void or ineffective
1. Substitution that is not express and clear as to the intent of the testator.
2. A fideicommissary substitution which goes beyond one degree.
3. Perpetual prohibition to alienate the property imposed by the testator in the will.
4. One that allows a specified to person to use the inheritance in accordance to some secret instruction
purportedly left by the testator.
 So that it may not be applied for purposes which are illegal or illicit or in order that it may not pass
to those who are incapacitated to inherit from the testator.
 Here, there is no fideicomissary substitution since there is no duality of heirs.
 There is a simple institution of heirs, but the inheritance is not for the benefit of the instituted heir
since it will be applied or invested according to the secret instructions which had been
communicated to such heir by the testator.
Article 871. The institution of an heir may be made conditionally, or for a certain purpose or cause. (790a)
Article 872. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes
prescribed in this Code. Should he do so, the same shall be considered as not imposed. (813a)
Article 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)
Article 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)
Article 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)
Classification of testamentary dispositions:
1. Pure institution: does not contain a period or cause or a motive or a condition.
 The heir instituted inherits immediately upon the moment of death of the testator.
2. Conditional institution: the right to inherit is subject to a suspensive or resolutory condition
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a. Must be espressly stated in the will.

 Otherwise the will would be interpreted as a mere order or as a mode imposed by the testator. c. Must observe the principle of the untouchability of the legitime of compulsory heirs, save only the
 The consequence in case of violation of the condition must also be stated testator declares that the hereditary estate shall not be partitioned for a period which shall not exceed
 If there is NO CONSEQUENCE, it’s NOT A CONDITIONAL INSTITUTION . twenty years.

b. Must NOT be contrary to law, public policy, public order, morals and good customs. d. Must not be an impossible one.
 Sabinian doctrine: the condition itself must not be contrary to law, public policy, public order, morals and  It is not possible of realization because it is contrary to either, physical, juridical or moral laws, it shall be
good customs. considered as not imposed.
 Under the Sabinian Doctrine, the following testamentary conditions are NULL AND VOID:
1. A Testamentary condition in the will shall be governed by a particular law. Article 876. Any purely potestative condition imposed upon an heir must be fulfilled by him as soon as he learns
2. A “No contest and forfeiture” clause is also null and void of the testator's death.
 Provides that should any of the heirs named in the will question or contest the will for any ground then
they will forfeit their inheritance. This rule shall not apply when the condition, already complied with, cannot be fulfilled again. (795a)
 It suppresses the truth surrounding the execution of the will.
 It is simply disregarded as if it were not written. Article 877. If the condition is casual or mixed, it shall be sufficient if it happen or be fulfilled at any time before
3. Testamentary condition requiring that the will is implemented immediately without necessity of a or after the death of the testator, unless he has provided otherwise.
probate.
 Note: Probate is mandatory. Should it have existed or should it have been fulfilled at the time the will was executed and the testator was
4. Disposicion Captatoria unaware thereof, it shall be deemed as complied with.
 This is an absolutely void testamentary disposition and therefore anyone named under cannot inherit.
 A testamentary disposition requiring the heir named therein the will to also institute the testator in the If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a nature that it
former’s will. can no longer exist or be complied with again. (796)
 Testamentary succession is an act of liberality, not a contractual agreement.
5. An absolute condition not to marry or not to re-marry Article 878. A disposition with a suspensive term does not prevent the instituted heir from acquiring his rights
 Contrary to morals and public policy because it would deprive a person of one of his inherent or and transmitting them to his heirs even before the arrival of the term. (799a)
inalienable rights — the right to choose his own status.
 Considered as not imposed. Article 879. If the potestative condition imposed upon the heir is negative, or consists in not doing or not giving
 Heir is prohibited by the testator to get married to anyone at anytime and anywhere. something, he shall comply by giving a security that he will not do or give that which has been prohibited by the
 Condition not to contract subsequent marriage testator, and that in case of contravention he will return whatever he may have received, together with its
 Valid when: fruits and interests. (800a)
1. When it is imposed by the deceased spouse himself;
2. When it is imposed by the ascendants of the deceased spouse; and Article 880. If the heir be instituted under a suspensive condition or term, the estate shall be placed under
3. When it is imposed by the descendants of the deceased spouse. administration until the condition is fulfilled, or until it becomes certain that it cannot be fulfilled, or until the
 When validly imposed, resolutory in character. arrival of the term.
 The child here is the child of the widow or widower.
 BUT this only affects the free disposable portion. The same shall be done if the heir does not give the security required in the preceding article. (801a)
 If it a mere it is a mere relative condition not to marry it is a VALID ONE.
 A generic condition to contract marriage; Article 881. The appointment of the administrator of the estate mentioned in the preceding article, as well as
 A specific condition to contract marriage with a determinate person (Jurado); and the manner of the administration and the rights and obligations of the administrator shall be governed by the
 A specific condition not to contract marriage with adeterminate person. Rules of Court. (804a)
 Example: If the disposition imposed WHEN to get married or WHOM to marry – It is valid. Ex. I hereby
give to X 10M provided he does not marry Y. She can get married to anyone except Y.  Purely potestative condition: is one whose fulfillment depends exclusively upon the will of the heir, devisee
 The violation of that would result to forfeiture of the inheritance. or legatee.
 If forced to marry someone, then it is null and void because it would amount to coercion (MLR).
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 Casual condition: is one whose fulfi llment depends exclusively upon chance and/or upon the will of a third
person.
 Mixed condition: is one whose fulfi llment depends jointly upon the will of the heir, devisee or legatee and
upon chance and/or the will of a third person.
Suspensive conditional institution: the heir inherits not at the moment of death of the testator BUT at the time of
the fulfillment of the condition.
 Therefore the heir subject to the suspensive condition must be alive, willing and qualified to inherit at both
times at the time of death AND at the time of the fulfillment of the condition.
 If the conditional heir died before having fulfilled the condition but after the death of the testator, the
testamentary disposition is INOPERATIVE.
 Vacancy filled by:
1. Substitute
2. Co-heir
3. Intestacy
 Pending the happening of the suspensive condition, the property should be placed under administration until
such time that the condition is fulfilled or until it becomes certain that it cannot be fulfilled (or until the
arrival of the term, in case of suspensive term)
 Heir can demand delivery only at the happening of the condition.
 Heir has a mere hope or expectancy protected by law.
Resolutory conditional institution: the conditional heir inherits immediately at the moment of death but the right
to the inheritance is extinguished upon the happening of the resolutory condition.
 Heir must pay a caucion muciana or a bond to answer for the failure to deliver the property in case the
condition already exists.
Time of fulfillment, rule
1. If the condition is purely potestative, the heir must fulfill it as soon as he learns of the testator’s death.
 Not applicable when the condition already complied with, cannot be fulfilled again.
2. If the condition is casual or mixed, may be fulfilled before or after the testator’s death, unless he has
provided otherwise.
a. If the condition had already been fulfilled at the time of the execution of the will and the testator was
unaware thereof, it shall be deemed to have been complied with.
b. If the condition has already been fulfilled at the time of the execution of the will and the testator had
knowledge thereof, the condition shall, as a rule, still have to be complied with, unless it is of such a
nature that it can no longer exist or be complied with again.
Article 885. The designation of the day or time when the effects of the institution of an heir shall commence or
cease shall be valid.
In both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its
expiration. But in the first case he shall not enter into possession of the property until after having given
sufficient security, with the intervention of the instituted heir. (805)
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3. Testamentary disposition with a term
 Affects not the right to inherit but the demandability of the inheritance.
 The right to inherit is vested from the death of the testator.
Suspensive period (ex die): the heir can only demand the inheritance only upon the expiration of the said period.
 The property must be placed under administration by the intestate heirs until the suspensive period arises.
 The intestate heir that is under administration that will pay for the bond because they are the ones enjoying
the property while the period is being awaited
Resolutory period (in diem): the arrival of the period extinguished the very right of the inheritance itself in which
case the inheritance must be returned.
 Heir must pay a bond in favor of a substitute or the intestate heirs
 If the instituted heir or the devisee or legatee should die after the death of the testator, before the expiration
of the suspensive term or period, his right to the inheritance, devise or legacy shall be transmitted to his own
heirs the heir.
Article 882. The statement of the object of the institution, or the application of the property left by the testator,
or the charge imposed by him, shall not be considered as a condition unless it appears that such was his
intention.
That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs
give security for compliance with the wishes of the testator and for the return of anything he or they may
receive, together with its fruits and interests, if he or they should disregard this obligation. (797a)
Article 883. When without the fault of the heir, an institution referred to in the preceding article cannot take
effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and
in conformity with his wishes.
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. (798a)
Article 884. Conditions imposed by the testator upon the heirs shall be governed by the rules established for
conditional obligations in all matters not provided for by this Section. (791a)
4. Modal/Sub Modo institution
 Mode: the statement of the object of the institution, or the application of the property left by the testator,
or the charge imposed by him not conditional in character.
 The burden shall not exceed the value of the inheritance.
 Rules:
1. The doubt as to whether the testamentary disposition is conditional or modal, the doubt must be in
favor of a modal institution because the modal institution is less cumbersome or less onerous upon the
heir
2. A modal institution obligates the heir but does not suspense the right to inherit.

3. In case the mode specified by the testator in the will is violated by the heir, the heir may be compelled
to return not just the capital but all the fruits and interest derived there from the moment that the heir
acquired the property.
4. Violation of a modal institution operates as a resolutory condition upon the heir.
5. Subdemonstratione/motivated institution: testator expresses in the will, the reason, the motive or cause for
the designation of the heir.
 If the institution is based on a cause or motive that cause or motive must be a true and lawful one.
 If the cause in the will is illicit, the institution is INVALIDATED.
 On the other hand if the cause ort motive is stated in the institution is FALSE as a general rule, simply
disregard the cause and the institution operates as a pure one as if no cause at all.
 Unless it can be clearly shown that the testator would not have designated or instituted the heir if the
testator had known of the falsity of the cause.
Collation
Art. 905. Every renunciation or compromise as regards a future legitime between the person owing it and his
compulsory heir is void, and the latter may claim the same upon the death of the former; but they must bring
to collation whatever they may have received by virtue of the renunciation or compromise.
 The prohibition cannot be applied to donations inter vivos made by the testator to a compulsory heir. Such
donations, which are presumed to be advances of the legitime, are allowed by the law but subject to
collation.
Art. 906. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him
may demand that the same be fully satisfied.
 Right of action to the compulsory heir who is prejudiced to demand for the completion of his legitime.
 If the heir cannot lose his legitime, neither can he demand more than what it amounts to.
 “By any title:” the property which the testator had given to the compulsory heir, and which is not sufficient
to cover the legitime of such heir, might not have been disposed of by the will itself, but by some other
gratuitous title, such as by way of donation, during the lifetime of the testator.
Art. 907. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be
reduced on petition of the same, insofar as they may be inofficious or excessive.
 Refers not only to those dispositions in favor of voluntary heirs, but also to all legacies, devises, and other
charges which are chargeable against the disposable free portion of the hereditary estate.
 Considered inofficious if they are in excess of the disposable free portion of the hereditary estate thus
resulting in the impairment of the legitime of compulsory heirs.
 Effect: They shall be reduced on petition of the compulsory heirs who are prejudiced.
Art. 908. To determine the legitime, the value of the property left at the death of the testator shall be
considered, deducting all debts and charges, which shall not include those imposed in the will.
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To the net value of the hereditary estate, shall be added the value of all donations by the testator that are
subject to collation, at the time he made them.
Art. 909. Donations given to children shall be charged to their legitime.
Donations made to strangers shall be charged to that part of the estate of which the testator could have
disposed by his last will.
Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the
rules established by this Code.
Art. 910. Donations which an illegitimate child may have received during the lifetime of his father or mother,
shall be charged to his legitime.
Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed
by this Code.
Collation is understood in three senses or meanings:
1. Computation: Fictitious mathematical process of adding the value of the thing donated to the net value of
the hereditary estate.
 To compute the legitime of compulsory heirs
2. Imputation: Charging or imputing such value against the legitime of the compulsory heir to whom the
thing was donated.
 To take the donations “in the account of the partition” in order to equalize the shares of the compulsory
heirs as much as possible.
 If the donor has expressly provided either in the deed of donation or in his will that the donation given
to a compulsory heir shall not be collated, the value of such donation shall be imputable against the
disposable portion and not against the legitime of such heir.
a. Charged against the legitime of the compulsory heirs
 Based on the principle that if a compulsory heir is a beneficiary of a donation inter vivos, the latter
is an advance of the legitime.
b. Charged against the free disposable portion (made to strangers)
 This is applicable only for donation inter vivos made to non-compulsory heirs.
 Those donations inter vivos are advances from the free disposable portion.
 Thus, in imputing the same, the value of the donation inter vivos at the time of the donation shall
be subtracted.
 Therefore if as a result of the collation as imputation, there is an excess given to the compulsory
heir-donee then the excess shall now be further charged against the free disposable portion.
3. Reduction or Return: Actual act of restoring to the hereditary estate that part of the donation which is
inoffi cious in order not to impair the legitime of compulsory heirs.
 To protect the legitime of compulsory heirs.
 The law gives an option to the donee to choose between a collation of value or a collation in kind.

 Based on the three meanings of collation ultimately the purpose is to protect the legitime of the compulsory
heirs.
 Purpose is to resolve any conflict that may rise between or among the compulsory heirs as against the rights
of the transferees of property by way of donation inter vivos or of other gratuitous forms of conveyances.
Steps in Collation
 This is only necessary when there is donation inter vivos or some form of gratuitous transfer made by the
testator.
1. Determination of the gross value of the estate at the time of the death of the testator.
 In case of administration proceedings, the executor or administrator, within three months after his
appointment, shall return to the court a true inventory or appraisal of all the real and personal estate of
the deceased which have come to his possession or knowledge.
 No administration proceeding, it is the actual value of the estate which should be taken into
consideration, and not the sentimental value.
 The valuation or appraisal may even be made by common agreement.
 Include all void or simulated deed of sale made to strangers.
2. Determination of all debts and charges which are chargeable against the estate.
3. Determination of the net value of the estate by deducting all of the debts and charges from the gross value
of the estate.
 If the estate is insolvent, there can be no collation because the heir cannot be made liable for the debts
of the testator/decedent.
4. Collation or addition of the value of all donations inter vivos to the net value of the estate.
 The value to be collated or added is the value of the thing donated at the time when the donation was
made.
 Any loss, deterioration, or improvement of the thing donated from the time when the donation was
made up to the time of the settlement of the donor’s estate shall be for the account or for the benefit of
the donee.
 Donation was made to a compulsory heir or to a stranger.
5. Determination of the amount of the legitime from the total thus found in accordance with the rules (Arts.
888-903) established in the Civil Code.
In order to distribute the hereditary estate in accordance with the will of the testator, two more steps are added
to the above steps.
6. Imputation of the value of all donations inter vivos made to compulsory heirs against their legitime and of
the value of all donations inter vivos made to strangers against the disposable free portion and restoration to
the hereditary estate if the donation is inofficious.
7. Distribution of the residue of the estate in accordance with the will of the testator.
Art. 911. After the legitime has been determined in accordance with the three preceding articles, the reduction
shall be made as follows:
(1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the
devisees or legacies made in the will;
(2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever.
If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any
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reduction until the latter have been applied in full to the payment of the legitime.
(3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than
that of the disposable portion, the compulsory heirs may choose between complying with the testamentary
provision and delivering to the devisee or legatee the part of the inheritance of which the testator could freely
dispose.
 DIV preferred over DMC
 Legacies or devises, are the first to be reduced or even suppressed if necessary.
 If after such suppression, the value of the donations inter vivos cannot still be covered by the disposable
portion, then such value shall be reduced in order to preserve the legitime of compulsory heirs.
 DUV are irrevocable by their very nature
 PRIORITY IN TIME IS PRIORITY IN RIGHT
Order of Preference
1. Legitime of compulsory heirs; second
2. DIVs
3. Preferred legacies
4. All other legacies or devises.
 If after satisfyin the legitime of compulsory heirs, the disposable portion is sufficient to cover donations inter
vivos, but not sufficient to cover the legacies and devises, the rule is that such legacies and devises will be
reduced pro rata, after first satisfying all of those which the testator has declared to be preferential.
Art. 912. If the devise subject to reduction should consist of real property, which cannot be conveniently
divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case,
to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively
belongs to them.
The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed
that of the disposable portion and of the share pertaining to him as legitime.
Art. 913. If the heirs or devisees do not choose to avail themselves of the right granted by the preceding article,
any heir or devisee who did not have such right may exercise it; should the latter make use of it, the property
shall be sold at public auction at the instance of any one of the interested parties.
(MLR) Rules on reduction of devise consisting of real estate/immovables
1. If the reduction absorbs at least half or more than half of the value of the real estate then the property itself
must be given to the CH but the CH will have to pay in cash the reduced value of the devisee to the heir.
2. If the reduction is less than half of the value of the realty, the devisee is entitled to the property subject to
payment to the CH of their legitime in cash.
3. Divide the land if physically viable.
Rules in reduction of legacies and devises:
1. If the reduction of the devise does not absorb one-half of the value of the property, said property shall go to
the devisee, but with the obligation of the latter to reimburse the compulsory heirs in cash for what pertains
to them by virtue of the reduction.

2. If the reduction absorbs more than one-half of the property, said property shall go to the compulsory heirs.
The latter, however, shall reimburse the devisee in cash in order to cover up the reduced amount of the
devise
Formula:
Reduced legacy___ Legacy to be reduced
Disposable portion Total of all legacies
(MLR) Determination of the value of the usufruct in a property
 By ANNUAL NET INCOME multiplied by the REMAINING LIFESPAN OF THE REMAINING USUFRUCTUARY or
PERIOD OF USUFRUCT IF ANY WAS AGREED UPON.
 Compute the reasonable annual value that may be derived from the use of the usufructuary of the
property. So if it is presently used for agriculture then determine the net value of the harvest of such
agricultural land delivered to usufructuary and then multiply it to the remaining lifespan of the latter.
 In insurance, the expected lifespan of a human being is 80.
Disinheritance
Art. 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes
expressly stated by law.
Art. 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
Art. 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.
Art. 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.
Disinheritance: act of the testator in depriving a compulsory heir of his legitime for causes expressly stated by law
 Requisites:
1. The disinheritance must be for a cause expressly stated by law;
2. The disinheritance must be effected only through a valid will;
 No tacit/implied disinheritance.
3. The legal cause for the disinheritance must be specified in the will itself;
4. The cause for the disinheritance must be certain and true;
 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.
5. The disinheritance must be total; and
6. The disinheritance must be unconditional.
7. The cause of the disinheritance was already, existing at the time of the execution of the will or codicil
(MLR).
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Art. 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.
Ground #1:
 Attempted or frustrated parricide the law requires
 There must have been a previous criminal conviction
 No previous criminal conviction needed if the attempt is made against the life of the testator, will constitute
a valid ground for disinheritance, provided that it falls within the scope or purview of “maltreatment of the
testator by word or deed”
 If the conviction by final judgment took place after the death of the testator give it a retroactive effect.
 The conviction by final judgment must be for the appropriate kind.
 The attempt on the life must be intentional one.
 If consummated, the ground is disqualification or incapacity, not disinheritance.
Ground #2:
 “Accusation” includes not only the act of the disinherited heir of instituting the criminal action, but also any
act of intervention such as being a witness for the prosecution, by which he accuses the testator of having
committed the crime charged.
 Imputation alone is not the cause for disinheritance, it is the subsequent finding that the accusation was
false.
 Baseles if the accused is acquitted by reason of non-authorship.
Ground #3
 FInal judgment of conviction is an essential requisite.
 Even without a previous criminal conviction, adultery or concubinage with the spouse of the testator may be
a ground for disinheriting the child or descendant, provided that it falls within the scope or purview of “living
a disgraceful or dishonorable life”
 To disinherit the spouse, the ground there is “giving cause for legal separation.”
Ground #4
 There was vice of consent.
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 For the CH to be validly and effectively disinherited, the will executed through force etc. should be annulled  “Attempted against their virtue:” committed acts of lasciviousness, rape, seduction etc.
or disallowed for probate.
Ground #6
Ground #5  Willful and deliberate acts
 Food, clothing shelter, medical assistance, transportation  Two Grounds for loss of Parental Authority:
 Requisites:  Death
a) First if there is a legal obligation to provide for such support. Legal obligation because its imposed by the  Abandonment
Family Code.  What if there is restoration of the parental authority?
b) The Testator must have demanded such support. Either judicial or extra-judicial.  Two Views:
c) That the CH has sufficient means to provide such support 1. The restoration of parental authority deprives the testator of the right to disinherit because there would
d) That the CH refused or rejected such demand. be no more ground for the disinheritance.
 Under the Family Code, the need of the payee and the means for the payor must be balanced. 2. The restoration will not deprive the testator of the right to disinherit because it is founded on the
character of the heirs itself.
Ground #6
 Either verbal or physical abuse upon the testator. Ground #8
 It is sufficient but it must be an intentional or deliberate act.  A final judgment of conviction is not an essential requisite.
 Not negligence or reckless imprudence.
Art. 921. The following shall be sufficient causes for disinheriting a spouse:
Ground #7
 There is no hard and fast rule for acts that would constitute acts that would lead for these grounds of (1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants,
disinheritance. or ascendants;
 This is dependent on the perception of the testator and the public as far as the act of the child is concerned. (2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment for six
years or more, and the accusation has been found to be false;
Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether (3) When the spouse by fraud, violence, intimidation, or undue influence causes the testator to make a will or
legitimate or illegitimate: to change one already made;
(4) When the spouse has given cause for legal separation;
(1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral (5) When the spouse has given grounds for the loss of parental authority;
life, or attempted against their virtue; (6) Unjustifiable refusal to support the children or the other spouse.
(2) When the parent or ascendants has been convicted of an attempt against the life of the testator, his or her Ground #4
spouse, descendants, or ascendants;  Ground for legal separation
(3) When the parent or ascendant has accused the testator of a crime for which the law prescribes a. Repeated physical violence
imprisonment for six years or more, if the accusation has been found to be false; b. Moral Pressure
(4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the c. To Compel to change religion
testator; d. Inducement to engage in bigamy
(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to e. Bigamous marriage
make a will or to change one already made; f. Homosexuality
(6) The loss of parental authority for causes specified in this Code; g. Sexual infidelity
(7) The refusal to support the children or descendants without justifiable cause; h. Attempt on the life of the spouse
(8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation i. Drunkenness
between them. j. Abandonment for one year
Ground #1  However if the decree of legal separation by operation of law, the guilty spouse is disqualified to disinherit.
 Abandonment” within the meaning of the law refers to the failure of the parents to give to their children due
care, instruction and support. Art. 922. A subsequent reconciliation between the offender and the offended person deprives the latter of the
 No need for final conviction arriving thereof.
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right to disinherit, and renders ineffectual any disinheritance that may have been made. 1. Legitime of compulsory heirs 1. Remuneratory legacy/devise
 Resumption of cordial relations. 2. Donation inter vivos 2. Preferential legacy/devise
3. Preferential legacies or devises 3. Legacy for support
Art. 923. The children and descendants of the person disinherited shall take his or her place and shall preserve 4. All other legacies and devises pro rata 4. Legacy for education
the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the 5. Legacy/devise of specific, determinate thing
usufruct or administration of the property which constitutes the legitime.30 which forms a part of the estate
Effects of disinheritance 6. All others pro rata
1. Deprivation of the compulsory heir who is disinherited of any participation in the inheritance including his WHEN APPLIED
legitime. o When the reduction is necessary to preserve the o When there are no compulsory heirs and the
2. If the compulsory heir has children or descendants of his own, such children or descendants shall take his or legitime of compulsory heirs from impairment entire estate is distributed by the testator as
her place and shall preserve his or her right with respect to the legitime, although the disinherited parents whether there are donations inter vivos or not; or legacies or devises; or
shall not have the usufruct or administration of the property which constitutes the legitime. o When, although, the legitime has been preserved o When there are compulsory heirs but their
by the testator himself there are donations inter legitime has already been provided for by the
LEGACY OR DEVISE vivos. testator and there are no donations inter vivos.
IMPORTANT
What is a legacy? Art. 911, CC governs when there is a conflict between Art. 950, CC governs when the question of reduction is
o A gift of personal property given in a will compulsory heirs and the devisees and legatees. exclusively among legatees and devisees themselves

What is a devise? Different Objects of Legacies and Devises (Art. 934-944,CC)

o A gift of real property given in a will 1. Legacy of a thing pledged or mortgaged to secure a debt (Art 934, CC)
2. Legacy of credit, or remission or release of a debt (Art 935 CC)
3. Legacy to the debtor of thing pledged by him (Art 936, CC)
Rules on validity and effect of legacy or devise 4. Legacy or devise to a creditor if the testator orders the payment of a debt (Art 939, CC)
5. Alternative legacies and devises (Art 940, CC)
LEGACY OR DEVISE OF A THING BELONGING TO ANOTHER 6. Legacy of generic personal property or indeterminate real property (Art 941, CC)
Testator erroneously believed that the property belonged to him Void 7. Legacy of education (Art 944, CC)
The thing bequeathed afterwards becomes his by whatever title Valid 8. Legacy of support (Art 944, CC)
LEGACY OR DEVISE OF THING ALREADY BELONGING TO THE LEGATEE OR DEVISEE
The thing already belongs to the legatee or devisee at the time of the LEGACY / DEVISE EFFECTS
Void o Estate is obliged to pay the debt
execution of the will (Art. 932, CC) Thing pledged or mortgaged to secure a debt
The thing is subject to an encumbrance or interest of another person (Art. Valid only as to the interest or o Other charges pass to the legatee or devisee
932, CC) encumbrance o Effective only as regards the credit or debt existing
Legatee or devisee subsequently alienates the thing (Art. 933,CC) Void at the time of the testator’s death
After alienating the thing, the legatee or devisee subsequently reacquires it o Legacy lapses if the testator later brings action
Void Credit
gratuitously (Art. 933,CC) against the debtor
Legatee or devisee can demand o If generic, comprises all credits/debts existing at
After alienating the thing, the legatee or devisee acquires it by time of execution of will
reimbursement from the heir or
onerous title (Art. 933, CC) Payment of debt after death when debt is remitted in
estate
the will
 If by mistake: Can recover the payment
Remission or release of a debt
Order of payment if free disposable portion is not sufficient to cover all legacies and devises (solutio indebiti)
ORDER OF PREFERENCE  If paid despite knowledge of remission:
Art. 911 Art. 950 Legacy is repudiated

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Thing pledged by debtor o Only the pledge is extinguished; the debt remains How shall legacy or devise be delivered?
o Shall not be applied to his credit unless the 1. The very thing bequeathed shall be delivered and not its value
To a creditor 2. With all its accessions and accessories
testator so declares
o If testator does not really owe the debt, the 3. In the condition in which it may be upon the death of the testator
disposition is void 4. Legacies of money must be paid in cash
o If the order is to pay more that the debt, the
Order of payment of a debt What are the grounds for revocation of legacies and devises?
excess is not due
o This is without prejudice to the payment of natural 1. Testator Transforms the thing such that it does not retain its original form or denomination
obligations 2. Testator Alienates the thing by any title or for any cause. Reacquisition of the thing by the testator does
o The choice is with the heir, or the executor or not make the legacy or devise valid, unless it is effected by right of repurchase.
administrator 3. Thing is totally Lost during the lifetime or after the death of the testator
Alternative legacies and devises o If the heir, legatee or devisee dies the right passes 4. Other causes: nullity of will, non-compliance with suspensive condition, sale of the thing to pay the
to their heirs debts of the deceased during the settlement of his estate.
o Once made, the choice is irrevocable
o Legacy is valid even if there are no things of the Examples:
same kind in the estate
o Devise of indeterminate real property valid only if Original Share
Legacy of generic personal property or indeterminate FORMULA FOR of Heir
there are immovable property of the same kind in Excess /
real property DEDUCTION / Total x
the estate Deficiency
o The choice belongs to the heir, legatee or devisee INCREASE Disposed
or the executor or administrator Share
o Lasts until the legatee is of age or beyond the age
of majority in order that he may finish some Grey died testate, leaving a total estate of P24M. According to her will, Karev gets 1/2, Yang 1/3 and Bailey 1/4.
professional, vocational or general course How do you reduce each heir's share in order not to exceed the total estate of Grey (assuming no legitime is
provided he pursues his course diligently impaired)?
Legacy of education
o If testator did not fix the amount it is fixed in
accordance with the social standing and ORIGINAL DEDUCTION ACTUAL SHARE
circumstances of the legatee and the value of the (refer to formula) (Original Share - Deduction )
estate Karev 1/2 of 24M is 12M 12M/26M x 2M = 923,706.92 11,076,923.08
o Lasts during lifetime of legatee Yang 1/3 of 24M Is 8M 8M/26M x 2M = 615,384.62 7,384,615.39
o If the testator used to give the legatee a sum of Bailey 1/4 of 24M Is 6M 6M/26M x 2M = 461,538.46 5,538,461.53
money for support, give the same amount unless it TOTAL 26M TOTAL = 2M TOTAL = 24M
is markedly disproportionate to the estate EXCESS 2M
o If testator did not fix the amount it is fixed in
accordance with the social standing and Grey died testate, leaving a total estate of P24M. According to her will, Karev gets 1/4 of FDP, Yang 1/3 and Bailey
Legacy of support circumstances of the legatee and the value of the 1/4. How will you compute the proportional increase in each heir's shares in order not to exceed the total estate
estate of Grey (assuming no legitimes were impaired)?
o If no amount in the will, do not immediately
invalidate. Instead, base it on the amount given by ORIGINAL INCREASE ACTUAL SHARE
the testator to legatee prior to the former’s death. (refer to formula) (Original Share + Increase )
In the absence of such amount, resort to support Karev 1/4 of 24M is 6M 6M/20M x 4M = 1,200,000 7.2M
mentioned in the Family Code. Yang 1/3 of 24M Is 8M 8M/20M x 4M = 1,600,000 9.6M
Bailey 1/4 of 24M Is 6M 6M/20M x 4M = 1,200,000 7.2M

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TOTAL 20M TOTAL = 4M TOTAL = 24M Enrile 6M/15M * 7.5M = 3M

DEFICIENCY 4M Estrada 3M/15M * 7.5M = 1.5M
Lapid 6M/15M * 7.5M = 3M
Napoles died testate, survived by her only acknowledged illegitimate child, Jeane. The following are the
testamentary dispositions found in her will: In addition to the foregoing facts, it was discovered that Napoles made a donation inter vivos in favor of Jeane
a) A condo unit worth 6M to Enrile worth 5M. Distribute.
b) Amorsolo painting worth 20M to Revilla (painting was stolen by Lupin from the National Museum and
bought by Napoles) 60M Estate
c) A car worth 3M to Estrada LESS 10M Debt
d) Jewelries worth 6M to Lapid 20M Amorsolo painting (not part of Napoles' estate)
e) Drilon as universal heir ADD 5M DIV to Jeane
At the time of death, Napoles had 60M worth of estate and 10M debt. Distribute the estate 35M Net estate
LESS 15M Legitime of Gloria
60M Estate 7.5M Legitime of Jeane (deliver only 2.5M)
LESS 10M Debt 12.5M Free disposable portion
20M Amorsolo painting (not part of Napoles' estate) LESS 5M Devise of Enrile
30M Net estate 2.5M Legacy of Estrada
LESS 15M Legitime of Jeane 5M Legacy of Lapid
15M Free disposable portion 0
LESS 6M Devise of Enrile
3M Legacy of Estrada Accretion
6M Legacy of Lapid Under the law, the heirs to whom the portion goes by the right of accretion take it in the same proportion that
0 they inherit.

In addition to the foregoing facts, what if the parent of Napoles, Gloria survived her. Distribute. Example:
60M Estate If shares of the heirs in the will are as follows:
LESS 10M Debt a) Walter - 1/8
20M Amorsolo painting (not part of Napoles' estate) b) Peter - 5/8
30M Net estate c) William - 2/8
LESS 15M Legitime of Gloria The value of the estate is P80,000. If William repudiates his 2/8 share thereby leaving a vacant P20,000 which shall
7.5M Legitime of Jeane go to Walter and Peter by accretion. The proportion is 1:5
7.5M Free disposable portion ORIGINAL SHARE SHARE BY ACCRETION TOTAL SHARE
LESS 3M Devise of Enrile Walter 10,000 1/6 of 20,000 = 3,333.33 13,333.33
1.5M Legacy of Estrada Peter 50,000 5/6 of 20,000 = 16,666.67 66,666.67
3M Legacy of Lapid
0
INTESTATE SUCCESSION
Note: We computed the amount to be given to legatees and devisee by using this formula:
Original Value Legal or Intestate Succession is that which is effected by operation of law in default of a will
Remaining
of L/D 10. It is legal because it takes place by operation of law.
LEGACY/DEVISE x Portion of
Total Value of 11. It is intestate because it takes place in the absence or in default of a last will of the decedent
Estate
L/D 12. It is the law which operates, not the will of the decedent, but even when it is the law which designates the
persons who are to succeed, the basis of the designation is the presumed will of the decedent.
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6. In the absence of the persons for whom the decedent would have provided, it is presumed that he succession.
would have desired his property to pass to the State. Beneficiaries are those in the direct line and the Beneficiaries are not just in the direct line but
spouse. relatives by consanguinity in the collateral line up to
th
Art. 960. Legal or intestate succession takes place: the 5 degree.
(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; In the absence thereof, the Republic of the
(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In Philippines.
such case, legal succession shall take place only with respect to the property of which the testator has not
disposed; Basic Rules:
(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if 1. Only relatives by consanguinity can inherit from the decedent, except the spouse.
the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of  Step siblings are not entitled to inheritance.
accretion takes place; 2. Among siblings, although equal in degree to the decedent, half-blood siblings inherit lesser than the full-
(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. blood. Also, iron-barrier rule must be observed.
3. By special provision of the law, nieces and nephews exclude uncles and aunts.
 Without a will, the entire hereditary estate will pass through intestacy.
 Even where he has made a will there is always the possibility that it is void because of the existence of any of Rule on Equality: among those entitled to the hereditary estate, apply equality for as long as they belong to the
the grounds for the disallowance of wills enumerated in Art. 839, NCC. same class or group of intestate heirs.
7. Thus, it cannot be admitted to probate by the probate court.  Divide the estate equally among them.
8. Only valid insofar as an acknowledgment of paternity in a will is concerned.  XPNs:
 A will subsequently lose its validity before the testator’s death when there is a revocation. 1. Illegitimate children will not inherit equally with legitimate children.
 Mixed succession: will executed that does not cover the entire hereditary estate. 2. Among siblings, half-blood siblings inherit less than the full blood and are subject to the iron-barrier
 It includes a case where the institution of heirs is void with respect to the disposition of certain rule.
properties but valid with respect to the disposition of other properties. 3. Nephews and nieces exclude uncles and aunts.
 Another cause of intestacy is if a testamentary disposition becomes ineffective or inoperative.
 The condition which is attached is fulfilled or not fulfilled. Principle of exclusion
 When the instituted heir, or legatee, or devisee dies before the testator, or is incapacitated to inherit 1. In case of a legitimate decedent, LPAs cannot inherit for as long as there are LCDs.
from such testator, or repudiates his inheritance, legacy or devise. Subject to: 2. In case of an illegitimate decedent, LCDs or ICDs will bar :Pas from inheriting.
1. The right of the substitute if one has been designated by the testator; 3. The presence of relatives in the direct line exclude those in the collateral line.
2. The right of representation when it properly takes place; and 4. Within each class, apply the rule on proximity.
3. The right of accretion when it properly takes place.
 If a testamentary disposition is made to depend upon the fulfillment of a suspensive condition and such Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules
condition does not happen or is not fulfilled. hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse,
 If the testamentary disposition is subject to a resolutory condition and such condition is fulfilled,the and in the State.
result is that the right of the heir, legatee or devisee which he had already acquired at the time of the Rule of preference between lines
death of the testator is extinguished.  Those in the direct descending line shall exclude in the succession those in the direct ascending and collateral
Other casuses of intestacy: lines.
 When there is a preterition in the testator’s will of one, or some, or all of the compulsory heirs in the direct  Those in the direct ascending line shall, in turn, exclude those in the collateral line.
line.
 When a testamentary disposition is subject to a resolutory condition and such condition is fulfilled, or Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the
 When a testamentary disposition is subject to a term or period and such term or period expires right of representation when it properly takes place.
 When a testamentary disposition is impossible of compliance or is ineffective.
Relatives in the same degree shall inherit in equal shares, subject to the provisions of Article 1006 with
FORCED SUCCESSION LEGAL/INTESTATE SUCCESSION respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between
Superior over intestate succession. Subordinate to both forced and testamentary the paternal and maternal lines.

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Rules of Proximity In the collateral line, ascent is made to the common ancestor and then descent is made to the person with
 In every inheritance, whether testamentary or intestate, the relatives nearest in degree to the decedent shall whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from
exclude the more distant ones. his uncle, who is the brother of his father, four from his first cousin, and so forth.
 This rule presupposes that all of the relatives belong to the same line. Computation of Degrees
 Rule of proximity is subordinated to the rule of preference between lines .
 XPN: Right of representation (see discussion on Art. 970)
Rule of Equal Division
 Relatives of the same degree shall inherit in equal shares.
 This rule presupposes that all of the relatives belong to the same line.
 XPNs:
1. When the inheritance is divided between paternal and maternal grandparents.
o When the decedent is survived by two grandparents in the paternal line and by one grandparent in
the maternal line, the inheritance shall be divided in such a way that one-half shall pass to the
grandparents in the paternal line, while the other one-half shall pass to the surviving grandparent
in the maternal line.
2. When the inheritance is divided among brothers and sisters, some of whom are of the full blood and
others of the half blood.
o Those of the full blood shall be entitled to double the share of those of the half blood.
3. In certain cases when the right of representation takes place.
o Whenever there is succession by representation, the division of the estate shall be made per
stirpes, in such manner that the representatives, although of the same degree, shall not inherit
more than what the person they represent would inherit, if he were living or could inherit. 1. E is the decedent.
Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a 2. The first degree relatives are: B, I and J.
degree. 3. The second degree relatives are: F, M, N and A.
4. The third degree relatives are: C, D, and K.
Art. 964. A series of degrees forms a line, which may be either direct or collateral. 5. The fourth degree relatives are: G and H.
6. The fourth degree relative is: L.
A direct line is that constituted by the series of degrees among ascendants and descendants.
Art. 967. Full blood relationship is that existing between persons who have the same father and the same
A collateral line is that constituted by the series of degrees among persons who are not ascendants and mother.
descendants, but who come from a common ancestor.
Half blood relationship is that existing between persons who have the same father, but not the same
Art. 965. The direct line is either descending or ascending. mother, or the same mother, but not the same father.

The former unites the head of the family with those who descend from him. Art. 968. If there are several relatives of the same degree, and one or more of them are unwilling or
incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of
The latter binds a person with those from whom he descends. representation when it should take place.

Art. 966. In the line, as many degrees are counted as there are generations or persons, excluding the
progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the
parent, two from the grandfather, and three from the great-grandparent.
Art. 969. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all
the nearest relatives called by law to succeed, should there be several, those of the following degree shall
inherit in their own right and cannot represent the person or persons repudiating the inheritance.
In case of incapacity

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 The share or shares of the heir incapacitated to inherit are rendered vacant shall pass to the co-heirs of the
incapacitated heir or heirs by right of accretion.
 If the incapacitated heir happens to be a child or descendant of the decedent and he has children or
descendants of his own, then the share which is rendered vacant by reason of incapacity shall pass to
such children or descendants by right of representation
 The inheritance shall be distributed among them per stirpes
In case of repudiation
 Repudiation by one or some of the relatives
 The share or shares which are rendered vacant shall pass to the co-heirs of the renouncer or renouncers
by right of accretion.
 Rule is absolute even assuming that the renouncer is a child or descendant of the decedent and he has
children or descendants of his own. An heir who repudiates his inheritance may not be represented
 Question: What is the effect of this total vacancy?
 Those of the following degree shall inherit in their own right. They cannot inherit by right of
representation because of the principle that an heir who repudiates his inheritance may not be
represented.
 The inheritance shall be distributed among them per capita.
RIGHT OF REPRESENTATION
Art. 970. Representation is a right created by fiction of law, by virtue of which the representative is raised
to the place and the degree of the person represented, and acquires the rights which the latter would have
if he were living or if he could have inherited.
Art. 971. The representative is called to the succession by the law and not by the person represented. The
representative does not succeed the person represented but the one whom the person represented would
have succeeded.
 Rule on Proximity: the relative nearest in degree excludes the more remote ones.
 By virtue of right of representation, the relative nearest in degree does not always exclude the more remote
ones.
 By fiction of law, more distant relatives belonging to the same class as the person represented, are
raised to the place and degree of such person, and acquire the rights which the latter would have
acquired if he were living or if he could have inherited.
 Characteristics:
1. It is a right of subrogation.
2. It constitutes an exception to the rule of proximity and the rule of equal division among relatives of the
same class and degree.
3. The representative is called to the succession by the law and not by the person represented.
4. The representative succeeds the decedent and not the person represented.
o Rules:
a) The representative must be capable of succeeding the decedent.
b) Even if the representative is incapable of succeeding the person represented, he can still inherit by
right of representation so long as he is capable of succeeding the decedent.
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c) Even if the representative had repudiated his inheritance coming from the person represented, he
can still inherit from the decedent by right of representation.
5. It can only take place when there is a vacancy in the inheritance brought about by either predecease, or
incapacity, or disinheritance of an heir.
6. As a general rule, the right can be exercised only by grandchildren or descendants of the decedent.
 When right of representation takes place:
1. When the person represented dies before the testator;
2. When the person represented is incapable of succeeding the testator; and
3. When the person represented is disinherited by the testator. In all of these cases, since there is a
 It cannot take place in the free disposable portion because in is a form of succession by operation of law.
Art. 972. The right of representation takes place in the direct descending line, but never in the ascending.
In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of
the full or half blood.
 When right of representation in the direct line takes place
1. When children concur with grandchildren, the latter being the children of other children who died
before the decedent or who are incapable of succeeding the decedent.
2. When all the children are dead or are incapable of succeeding the decedent and grandchildren concur
with great-grandchildren, the latter being the children of other grandchildren who died before the
decedent or are incapable of succeeding the decedent.
3. When all children are dead or are incapable of succeeding the decedent leaving children or descendants
of the same degree.
 Representation in collateral line, limitations
1. The right can be exercised only by nephews and nieces of the decedent.
 Consequently, it cannot be exercised by grandnephews and grandnieces.
2. The right can be exercised by the nephews or nieces of the decedent if they will concur with at least one
brother or sister of the decedent.
 If they are the only survivors, they shall inherit in their own right.
Art. 973. In order that representation may take place, it is necessary that the representative himself be
capable of succeeding the decedent.
 Even if the representative is incapable of succeeding the person represented, he can still inherit by right of
representation, provided that he is capable of succeeding the decedent.
Art. 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in
such manner that the representatives shall not inherit more than what the person they represent would
inherit, if he were living or could inherit.
Right of Representation in Intestate Succession Right of Representation in Testamentary Succession
The right which is acquired by the representatives is The right which is acquired is the right to the legal
the right to the legitime of the compulsory heir who portion which is rendered vacant by reason of the fact
dies before the testator, or who is unworthy to that the legal heir dies before the decedent or is

succeed, or who is disinherited. unworthy to succeed.
Art. 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 portion.
Art. 976. A person may represent him whose inheritance he has renounced.
 The provision of Art. 976 is a necessary consequence of the rule stated in Art. 971.
 The representative does not inherit from the person represented; he inherits from the decedent or the
person from whom the person represented would have inherited if he were living or had the capacity to
succeed.
 What is material, therefore, is his capacity to inherit from the decedent and his acceptance of the
inheritance coming from such decedent.
 Example: If a child renounces or repudiates his inheritance when his father died, he may still represent the
latter, when subsequently his grandfather dies.
Art. 977. Heirs who repudiate their share may not be represented.
 When an heir called either by will or by law to succeed repudiates his inheritance, he deprives, by his own
positive act, his children or descendants of the right of representation.
 A person cannot transmit a right which he does not have.
 The basis of the exercise of the right of representation by the children or descendants of the person who dies
before the decedent, or is unworthy to succeed, or is disinherited is the fact that the person represented is
dead or, at least, presumed to be dead as far as the decedent is concerned.
 This is not possible in case of renunciation or repudiation, because, in this case, by renouncing the right
which the law has accorded to him, he gives a positive proof of his existence.
 The share which is rendered vacant as a consequence of such repudiation shall pass to the other heirs
by right of intestate succession or by right of accretion depending upon the circumstances of each case.
16
 Summary of Rules:
1. If there is only one legitimate child who should inherit and he repudiates, the grandchild cannot
represent but will inherit in his own right.
2. If there are several children and all of them repudiate, the grandchildren cannot represent but will inhrit
in their own right.
3. If there are several children and only one or some repudiate, the repudiated share shall pass as follows:
a) To the co-heirs of the same class by right of accretion.
Bagunu v. Piedad, December 8, 2000
Can petitioner, a collateral relative of the fifth civil degree, inherit alongside respondent, a collateral relative
of the third civil degree? Elsewise stated, does the rule of proximity in intestate succession find application
among collateral relatives?
YES. Respondent, being a relative within the third civil degree, of the late Augusto H. Piedad excludes
16
By Atty. Reyes
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petitioner, a relative of the fifth degree, from succeeding ab intestato to the estate of the decedent.
The provisions of Article 1009 and Article 1010 of the Civil Code –
"Article 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other
collateral relatives shall succeed to the estate.
"The latter shall succeed without distinction of lines or preference among them by reason of relationship by
the whole blood."
"Article 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the
collateral line." -
invoked by petitioner do not at all support her cause. The law means only that among the other collateral
relatives (the sixth in the line of succession), no preference or distinction shall be observed "by reason of
relationship by the whole blood." In fine, a maternal aunt can inherit alongside a paternal uncle, and a first
cousin of the full blood can inherit equally with a first cousin of the half blood, but an uncle or an aunt, being
a third-degree relative, excludes the cousins of the decedent, being in the fourth-degree of relationship; the
latter, in turn, would have priority in succession to a fifth-degree relative.
Sayson v. CA, January 23, 1992
There is no question that as the legitimate daughter of Teodoro and thus the granddaughter of Eleno and
Rafaela, Doribel has a right to represent her deceased father in the distribution of the intestate estate of her
grandparents. Under Article 981, quoted above, she is entitled to the share her father would have directly
inherited had he survived, which shall be equal to the shares of her grandparents' other children.
But a different conclusion must be reached in the case of Delia and Edmundo, to whom the grandparents
were total strangers. While it is true that the adopted child shall be deemed to be a legitimate child and
have the same right as the latter, these rights do not include the right of representation. The relationship
created by the adoption is between only the adopting parents and the adopted child and does not extend
to the blood relatives of either party.
In sum, we agree with the lower courts that Delia and Edmundo as the adopted children and Doribel as the
legitimate daughter of Teodoro Sayson and Isabel Bautista, are their exclusive heirs and are under no
obligation to share the estate of their parents with the petitioners. The Court of Appeals was correct,
however, in holding that only Doribel has the right of representation in the inheritance of her
grandparents' intestate estate, the other private respondents being only the adoptive children of the
deceased Teodoro.
Bicomong v. Almanza, November 29, 1977
In the absence of defendants, ascendants, illegitimate children, or a surviving spouse, Article 1003 of the
New Civil Code provides that collateral relatives shall succeed to the entire estate of the deceased.
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Decedent survived by the collateral relatives: 5. Brothers and sisters, nephews and nieces; and
1. the daughter of her sister of full blood 6. The State.
2. the ten (10) children of her brother and two (2) sisters of half blood

Since the decedent was not survived by any of her brothers or sisters, whether half or full blood, the
nephews and nieces are entitled to inherit in their own right.
Under the same provision, Art. 975, which makes no qualification as to whether the nephews or nieces are
on the maternal or paternal line and without preference as to whether their relationship to the deceased is
by whole or half blood, the sole niece of whole blood of the deceased does not exclude the ten nephews
and niece of half blood.
The only difference in their right of succession is provided in Art. 1008, NCC in relation to Article 1006 of the
New Civil Code, which provisions, in effect, entitle the sole niece of full blood to a share double that of the
nephews and nieces of half blood.
Descending Direct Line
Article 978. Succession pertains, in the first place, to the descending direct line.
Article 979. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages.
An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.
Article 980. The children of the deceased shall always inherit from him in their own right, dividing the
inheritance in equal shares.

Abellana de Bacayo v. Ferraris-Borromeo, Aug. 31, 1965 Article 981. Should children of the deceased and descendants of other children who are dead, survive, the
The sole issue to be resolved in this case is: Who should inherit the intestate estate of a deceased person former shall inherit in their own right, and the latter by right of representation.
when he or she is survived only by collateral relatives, to wit an aunt and the children of a brother who
predeceased him or her? Otherwise, will the aunt concur with the children of the decedent's brother in the Article 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of
inheritance or will the former be excluded by the latter? them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in
equal portions.
Under our laws of succession, a decedent's uncles and aunts may not succeed ab intestato so long as
nephews and nieces of the decedent survive and are willing and qualified to succeed. Article 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the
proportions prescribed by article 895.
ORDER OF INTESTATE SUCCESSION
Article 984. In case of the death of an adopted child, leaving no children or descendants, his parents and
17
The regular order of intestate succession is as follows: relatives by consanguinity and not by adoption, shall be his legal heirs.
1. Legitimate children or descendants;
2. Legitimate parents of ascendants; Ascending Direct Line
3. Illegitimate children or descendants;
4. Surviving spouse; Article 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall
5. Brothers and sisters, nephews and nieces; inherit from him, to the exclusion of collateral relatives.
6. Other collateral relatives within the fifth degree; and
7. The State. Article 986. The father and mother, if living, shall inherit in equal shares.
18
The irregular order of intestate succession is as follows:
1. Legitimate children or descendants; Should one only of them survive, he or she shall succeed to the entire estate of the child.
2. Illegitimate children or descendants;
3. Illegitimate parents; Article 987. In default of the father and mother, the ascendants nearest in degree shall inherit.
4. Surviving spouse;
Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per
capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half
17
That of a legitimate decedent to the maternal ascendants. In each line the division shall be made per capita.
18
That of an illegitimate decedent
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Illegitimate Children
Article 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to
the entire estate of the deceased.
Article 989. If, together with illegitimate children, there should survive descendants of another illegitimate child
who is dead, the former shall succeed in their own right and the latter by right of representation.
Article 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be
transmitted upon their death to their descendants, who shall inherit by right of representation from their
deceased grandparent.
Article 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them,
taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children.
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.
Article 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or
mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are
both living, they shall inherit from him share and share alike.
Article 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving
spouse who shall be entitled to the entire estate.
If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit
one-half of the estate, and the latter the other half.
Surviving Spouse
Article 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their
descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without
prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001.
Article 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in
the succession the same share as that of each of the children.
Article 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse
shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half.
Article 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled
to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or
illegitimate, to the other half.
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Article 999. When the widow or widower survives with legitimate children or their descendants and illegitimate
children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to
the same share as that of a legitimate child.
Article 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants
shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse
and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the
illegitimate children the other fourth.
Article 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall
be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.
Article 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall
not have any of the rights granted in the preceding articles.
Collateral Relatives
Article 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral
relatives shall succeed to the entire estate of the deceased in accordance with the following articles.
Article 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal
shares.
Article 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the
descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes.
Article 1006. Should brother and sisters of the full blood survive together with brothers and sisters of the half
blood, the former shall be entitled to a share double that of the latter.
Article 1007. In case brothers and sisters of the half blood, some on the father's and some on the mother's side,
are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property.
Article 1008. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in
accordance with the rules laid down for brothers and sisters of the full blood.
Article 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral
relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among them by reason of relationship by the
whole blood.
Article 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the
collateral line.

SUBSECTION 6. The State
Article 1011. In default of persons entitled to succeed in accordance with the provisions of the preceding
Sections, the State shall inherit the whole estate.
Article 1012. In order that the State may take possession of the property mentioned in the preceding article,
the pertinent provisions of the Rules of Court must be observed.
Article 1013. After the payment of debts and charges, the personal property shall be assigned to the
municipality or city where the deceased last resided in the Philippines, and the real estate to the municipalities
or cities, respectively, in which the same is situated.
If the deceased never resided in the Philippines, the whole estate shall be assigned to the respective
municipalities or cities where the same is located.
Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such
municipalities or cities. The court shall distribute the estate as the respective needs of each beneficiary may
warrant.
The court, at the instance of an interested party, or on its own motion, may order the establishment of a
permanent trust, so that only the income from the property shall be used.
Article 1014. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the
court within five years from the date the property was delivered to the State, such person shall be entitled to
the possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the
proceeds as may not have been lawfully spent.
Rule: a legal heir who is also a primary compulsory heir at the same time is always entitled to the legitime which
the law has reserved for him. Such legitime to which he or she is entitled in testamentary succession is the
“irreducible minimum” to which he or she is entitled in intestate succession
Legitimate Children/Descendants
 The first in the order of intestate succession are legitimate children or descendants.
 Includes not only legitimate children or descendants proper, but also legitimated children or
descendants and adopted children.
 Without prejudice to the concurrent rights of illegitimate children or descendants and the surviving
spouse.
 Division of the inheritance if the decedent is survived by legitimate children or descendants
1. If all of the survivors are legitimate children, such children shall inherit in their own right.
 The inheritance shall be divided among them per capita or in equal shares.
2. If some of the survivors are legitimate children and the others are legitimate descendants of other
legitimate children who died before (or who are incapable of succeeding) the decedent, the former shall
inherit in their own right and the latter shall inherit by right of representation.
 The inheritance shall be divided among them per stirpes.
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3. If all of the survivors are legitimate grandchildren, such grandchildren shall inherit by right of
representation.
 If some of the survivors are legitimate grandchildren and the others are legitimate children or
descendants of other legitimate grandchildren who died before or who are incapable of succeeding
the decedent, such grandchildren and descendants shall inherit by right of representation.
 In both cases, the inheritance shall be divided among them per stirpes.
Legitimate Children/Ascendants + Illegitimate Children/Descendants
 The inheritance shall be divided among them in accordance with the proportion 10:5.
 The share of an illegitimate child is 1/2 of that of a legitimate child.
 Note: The legitime of compulsory heir must never be impaired.
 The legitime of survivors must first be satisfied.
Legitimate Parents or Ascendants
 The second in the order of intestate succession
 They are called to the succession only in default of legitimate children or descendants.
 They cannot be excluded by an adopted child.
 Although they can exclude collaterals, they cannot exclude illegitimate children and the surviving spouse
 Rules of Division
1. In default of the father and mother, the rule of proximity shall be applied, the ascendants nearest in
degree shall inherit.
2. Should there be more than one equal degree belonging to the same line they shall divide the
inheritance per capita.
3. Should they be of different lines but of equal degree, one-half shall pass to the paternal and the other
half to the maternal lines.
4. In each line the division should be per capita.
 Example: If the decedent is survived only by A, paternal grandfather, and B and C, maternal grandparents,
1/2 of the entire inheritance shall be given to A, while the other half shall be given to B and C, which they
shall divide per capita.
Illegitimate Children
 The third in the order of intestate succession
 Even in the presence of legitimate children or descendants or legitimate parents or ascendants or the
surviving spouse, such children, under the principle of concurrence, always participate in the division of
the inheritance.
 Like legitimate children or descendants and legitimate parents or ascendants, they exclude collaterals.
 Rules of Division
1. If illegitimate children should survive alone as a class, the entire inheritance shall pass to the illegitimate
children.
2. Descendants of illegitimate children can inherit by right of representation.
 The word “descendant” can refer to any kind of descendant, whether legitimate or illegitimate.
 What is material is that the person to be represented is illegitimate.
 Note: Distinguish from: If the person to be represented is legitimate, then it is indispensable that
the representative must also be legitimate.

Illegitimate Children and Legitimate Ascendants
 The share of the former shall be 1/2, while the share of the latter shall also be 1/2.
 The number of legitimate ascendants or illegitimate children is immaterial.
Iron-Barrier Rule; Principle of absolute separation between the legitimate family and the illegitimate family
 Illegitimate child cannot inherit by intestate succession from the legitimate children or relatives of his father
or mother; neither can such legitimate children or relatives inherit in the same manner from the illegitimate
child
 When not applicable: Illegitimate children can represent their parents who ate also illegitimate.
Surviving Spouse
 Fourth in the order of intestate succession
Surviving Spouse + Legitimate Descendants
 The share of the widow or widower shall be the same as the share of each of the children
 This is controversial at present. There are different views.
Surviving Spouse + Legitimate Ascendants
 1/2 shall be given to the former, while the other 1/2 shall be given to the latter
Surviving Spouse + Illegitimate Children or their descendants
 1/2 shall be given to the former, while the other 1/2 shall be given to the latter.
Surviving Spouse + Legitimate + Illegitimate Descendants.
 The proportions are 10 for the legitimate child, 10 for the widow or widower, 5 for the illegitimate child.
 Division is subject to the principle of compulsory succession by virtue of which the legitime of compulsory
heirs must never be impaired.
Surviving Spouse + Legitimate Ascendants + Illegitimate Children
 The surviving spouse is placed in the same level or category as the illegitimate children.
 The division is ¼, ½, ¼ respectively.
Surviving Spouse + Brothers and Sisters, Nephews and Nieces
 The division is ½, ½ respectively.
Note: In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have
any of the right granted in the preceding articles.
Collateral relatives
 Shall succeed to the entire estate in the absence of legitimate descendants, legitimate ascendants,
illegitimate children, and the surviving spouse.
 XPN: When brothers and sisters, nephews and nieces concur with the surviving spouse.
 Rules:
1. When the law speaks of collateral relatives, it can only refer to those within the fifth degree.
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2. Where two or more collateral relatives concur in the succession, the rule of proximity by virtue of which
the nearest in degree shall exclude the more remotes ones is applicable.
3. As an exception to the rule of proximity, the right of representation is also recognized, but it is a right
which is extended only to nephews and nieces.
4. Where the survivors are of the same degree, the rule of preference by reason of relationship by the
whole blood is also recognized, but it is a rule which can be applied only to brothers and sisters or
nephews and nieces and not to other collaterals.
 Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares or per
capita.
 The same rule shall also apply should the only survivors be brothers and sisters of the half blood.
 Should brothers and sisters survive together with nephews and nieces, who are the children of the
decedent’s brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes.
 The former shall inherit in their own right, while the latter shall inherit by right of representation.
 The same rules shall also be applied should brothers and sisters of the half blood survive together with
nephews and nieces, who are the children of the decedent’s brothers and sisters of the half blood
 If some of the survivors are brothers and sisters of the full blood and the others are brothers and sisters of
the half blood, the former shall be entitled to a share double that of the
latter.
 If the only survivors are nephews and nieces of the full or of the half blood, such nephews and nieces shall
succeed to the entire inheritance in their own right.
 The division of the estate shall be per capita.
 If some of them are of the full blood and the others are of the half blood, those of the full blood shall be
entitled to a share double that of those of the half blood
Solivio vs. CA, February 12, 1990
Since the deceased, Esteban Javellana, Jr. died without descendants, ascendants, illegitimate children, surviving
spouse, brothers, sisters, nephews or nieces, what shall apply in the distribution of his estate are Arts. 1003 and
1009 of the Civil Code.
Therefore, the Court of Appeals correctly held that: “Both plaintiff- appellee and defendant-appellant being
relatives of the decedent within the third degree in the collateral line, each, therefore, shall succeed to the subject
estate ‘without distinction of line or preference among them by reason of relationship by the whole blood’, and is
entitled to one-half (1/2) share and share alike of the estate.
Note: The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral
line.
The State
 In default of legitimate children or descendants, legitimate parents or ascendants, illegitimate children or
descendants, the surviving spouse, and collateral relatives within the fifth degree, the State shall inherit the
whole estate.
 The State is a legal heir called to the succession by operation of law as in the case of other legal heirs.
 P a g e | 80
19
Summary of Rules: Order of Intestate Succession of a Legitimate Decedent  If the decedent is survived by his illegitimate children and his illegitimate parents, the latter are
excluded by the former.
st
1 order: LCDs + Sp + ICDs 3. Illegitimate parents
 Minimum share: legitime  Without prejudice to the concurrent rights of the surviving spouse.
 Remainder: 10:10:5  Right is subject to proof of filiation.
 Other ascendants are not considered as legal or intestate heirs of the illegitimate child.
nd
2 order: LCDs + Sp or LCDs + ICDs 4. Surviving spouse
 10:10 respectively; 10:5 respectively  Shall succeed to the entire estate, subject to the concurrent rights of brothers and sisters, nephews
and nieces
3rd order: LCDs alone as a class  One-half shall be given to the brothers and sisters, nephews and nieces.
 Entire estate divided equally 5. Illegitimate brothers and sisters, nephews and nieces
 Refers to illegitimate brothers and sisters as well as to the children, whether legitimate or
th
4 order: LPAs + Sp + ICDs illegitimate, of such brothers and sisters.
 ½, ¼, ¼ respectively  Other collaterals are not allowed to inherit by intestate succession from the illegitimate child.
6. The State.
th
5 order: LPAs + Sp or LPAs + ICDs
20
 ½, ½ respectively Summary of Rules: Order of Intestate Succession of an Illegitimate Decedent
th st
6 order: LPAs alone or ICDs alone 1 order: LCDs + Sp + ICDs
 Entitled to whole hereditary estate  Minimum share: legitime
 Remainder: 10:10:5
th
7 order: Sp alone + Brothers/sisters alone or Nephews/nieces alone
nd
 ½, ½ respectively 2 order: LCDs + Sp or LCDs + ICDs or ICDs + Sp
 10:10 respectively; 10:5 respectively; ½. ½ respectively
th
8 order: Sp alone
 Entitled to whole hereditary estate 3rd order: LCDs alone as a class or ICDs alone as a class
 Entire estate divided equally
th
9 order: Brothers/sisters alone or Nephews/nieces alone
th
 Divide equally subject to 2:1 rule. 4 order: Sp + IP
 Full blood inherit as much as (legitimate) half blood  ½, ½ respectively
 Nephews and nieces exclude uncles and aunts even if they are in the same degree.
th
5 order: IP alone
th
10 order: Other collateral relatives  Entitled to whole hereditary estate
 Divide equally among them  Father must acknowledge
 Subject to the rule on proximity
th
6 order: Sp + Brothers/sisters or Nephews/nieces
th
11 order: State  ½ or ½ respectively
th
If the decedent is an illegitimate person, the order of intestate succession; irregular order of intestate 7 order: Sp alone, Brothers/sisters alone or Nephews/nieces alone
succession  Entitled to whole hereditary estate
1. Legitimate children or descendants
th
2. Illegitimate children 8 order: State

19 20
By Atty. Reyes By Atty. Reyes
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th
6 order: Biological/Adopting parents + Collateral relatives by consanguinity
Rules governing the legal or intestate succession to the estate of the adopted under Art. 190 of the Family Code  Order of preference:
1. Brothers/sisters
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit 2. Nephews/nieces
th
from the adopted in accordance with the ordinary rules of legal or intestate succession; 3. 4 degree relatives
th
4. 5 degree relatives
(2) When parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the
th
adopters, they shall divide the entire estate, one-half to be inherited by the parents or 7 order: State
ascendants and the other half by the adopters;

(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall
divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the
adopted and the other half by the adopters;

(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall
divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the
surviving spouse, and one-third by the adopters;

(5) When only the adopters survive, they shall inherit the entire estate; and

(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate
succession shall apply.
21
Summary of Rules: Order of Intestate Succession of an Adopted Decedent
st
1 order: LCPs + Sp + ICDs
 Minimum share: legitime
 Remainder: 10:10: resepectively
nd
2 order: Biological Parents + Adopters
 ½, ½ respectively
rd
3 order: Sp + Adopters or ICDs +Adopters
 ½, ½ respectively
th
4 order: Sp + ICDs + Adopters
 1/3, 1/3, 1/3 respectively
th
5 order: Adopter alone
 Whole hereditary estate

21
By Atty. Reyes
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b) To my beloved children _____________, _____________, and _____________, I hereby bequeath

in equal shares, the properties listed as nos. _______ above;

c) To _____________ who has been my constant companion and nurse in my illness, I hereby devise
the property listed as no. _______ above;

d) To my (brother/sister/friend/etc.) _____________ I give the property listed as no. _______ above;

4. That should Divine Providence will it that I die ahead of my beloved (wife/husband), I hereby proclaim as
my wish and desire which my heirs, devisees and legatees should respect, that the provisions of the
foregoing Paragraph 3, Sub-Paragraphs b, c, and d be rendered temporarily without force and effect,
and my surviving (wife/husband) shall have full use and enjoyment of all the above-listed properties;
and only upon (his/her) demise shall the provisions of Paragraph 3, Sub-Paragraphs b, c, and d come
into effect;

5. That for the purpose of rendering this Last Will and Testament effective thru the proper proceeding in
Court, I hereby name and constitute _____________ as Executor and Administrator of this Last Will and
Testament, and that in his incapacity, I hereby name _____________ as his substitute;

6. That the Executor and Administrator I hereby nominate shall be excused from posting any bond;
(Last Will and Testament)
7. That I hereby revoke, set aside, and annul any other will or testamentary disposition I have made,
LAST WILL AND TESTAMENT signed, or proclaimed.

KNOW ALL MEN BY THESE PRESENTS IN WITNESS WHEREOF, I have hereunto set my this _____________ at _____________, Philippines.

I, _____________, of legal age, (single / married / widow), a citizen of _____________ and currently a
resident of _____________, with sound and disposing mind and memory, and without having been forced,
intimidated or unduly influenced by anybody, have hereby voluntarily executed and proclaimed this instrument, TESTATOR
as my Last Will and Testament, in English, a language I speak and write with and of which I am well conversant:

1. That should I finally rest in eternal peace, it is my wish and desire that internment, vigil and burial be ATTESTATION CLAUSE
made in accordance with the customs and traditions of the _____________ Church;
WE, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and 'Testament of
2. That I am the owner of the following properties: _____________ and we hereby certify: That (he/she) executed the same while of sound and disposing mind and
memory; That he signed the same in our presence, at the bottom of the last page and on the left hand margin of
(List and Description of Real and Personal Properties) each and every page, and we, at his behest, have signed hereunder and on the left hand margin of each and every
page, in (his/her) presence, in the presence of the Notary Public, and in the presence of each and every one of us
3. That should the Lord Almighty finally summon this soul from its earthly abode, it is my wish and desire this _____________ at _____________, Philippines.
to bequeath, grant and devise my properties above-mentioned, as follows:

a) To my beloved (wife/husband) _____________, I hereby bequeath the properties listed as nos. WITNESS ADDRESS
_______ above;
1. _____________________ ____________________________________
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Series of ______;
2. _____________________ ____________________________________
HOLOGRAPHIC WILL
3. _____________________ ____________________________________
(NOTE: This should be handwritten)
15, May 2000
I, ____________________, of _____________________ being of sound mind and disposing mind, do
REPUBLIC OF THE PHILIPPINES) hereby declare this to be my last will and testament which I have written in my own handwriting in English, a
Province of ____________________) S.S. language known to me, and I hereby declare that all my properties shall upon my death be distributed to my wife
City/Municipality of _____________) __________________ and to my only child ____________________ share and share alike.
x-----------------------x
Juan Dela Cruz
ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally
appeared the following persons, with their respective Community Tax Certificates as follows:

Name C.T.C. No. Date / Place Issued

1. TESTATOR _____________ _____________

2. WITNESS _____________ _____________
3. WITNESS _____________ _____________
4. WITNESS _____________ _____________

known to me and to me known to be the same person who executed the foregoing Last Will and Testament,
which he acknowledged to me to be (his/her) own free and voluntary act and deed and which (he/she) executed
and signed in the presence of the three (3) above-named attesting witnesses, who all signed their names as proof
of their attestation on this page before the Testator _____________ and in the presence of each and everyone of
them, and they acknowledged the same to be their free and voluntary act and deed.

This Last Will and Testament consists of _____________.(______) pages, including the page on which
the ratification and acknowledgment are written.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;
Book No. ______;
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