LIMITATIONS

1. PRINCIPLE OF UNTOUCHABILITY OF
LEGITIME
GR: art. 872 (cannot impose any charge, burden,
encumbrance, condition, or substitution upon the
legitime of CH)
EX: art. 1083 par 1 (prohibition on partition for not
exceeding 20 years)
2. IMPOSSIBLE CONDITIONS
- contrary to law or good customs
- void and unwritten; institution and testamentary
disposition considered valid.
3. PROHIBITIONS ON MARRIAGE
a. ABSOLUTE PROHIBITION
1. Contract first marriage – void
2. To remarry
Gr: void
Ex:
1. Imposed on the widow or widower by
the deceased spouse
2. Imposed on the widow or widower by
the ascendants or descendants of the
deceased spouse.
b. RELATIVE PROHIBITION
 - Valid; unless it becomes so onerous or
burdensome or really amounts to absolute one.
1. To contract first marriage
2. Remarry
- With respect to person, time, or place, rule
does NOT apply. Prohibition is valid.
1. Generic condition to contract marriage
2. Specific condition to contract marriage with
a determinate person
3. Specific condition not to contract marriage
with a determinate person.
c. STOPPING OF USUFRUCT ALLOWANCE
PERSONAL PRESTATION
- The moment the HLD marries/remarries
d. DISPOSITION CAPTATORIA
- Made upon the condition that the heir shall
make some provisions in his will in favor of the
testator or any other person. VOID
 KIND OF CONDITION
A. As to CAUSE upon which the FULFILLMENT
DEPENDS:
a. POTESTATIVE – depends exclusively upon
the WILL of HLD; must be performed
personally by him.
1. Positive – doing/giving
2. Negative – not doing/not giving
Gr: fulfilled as soon as he learns the
testator’s death
Ex:
1. Condition was already complied with at
the time he learns of the T’s death
2. Constructive compliance – deemed
fulfilled.
Caucion muciana (security) required.
b. CASUAL – depends upon CHANCE and/or
upon WILL OF A THIRD PERSON
Gr: may be fulfilled anytime (before/after T’s
death)
Ex: unless T provides otherwise
Qualifications: (already fulfilled at the time
of execution of the will)
1. T UNAWARE of the fact of fulfillment –
deemed FULFILLED.
 2. T is AWARE:
a. Can NO longer be fulfilled AGAIN –
deemed fulfilled.
b. Can BE fulfilled AGAIN – must be
fullfilled
c. MIXED – depends JOINTLY upon the WILL of
HLD and upon CHANCE and/or WILL of a
third person.
B. As to the EFFECTS
a. SUSPENSIVE OR EX DIE – fulfillment of
which successional rights are acquired.
- Heir should be living and qualified to succeed
BOTH at the time of T’s death and at the time
of happening of the event
- Pending fulfillment- estate under administration
b. RESOLUTORY OR IN DIEM – fulfillment of
which rights already acquired are
extinguished.

If SUSPENSIVE CONDITION IS NOT FULFILLED

or RESOLUTORY CONDITION IS FULFILLED =
ESTATE SHALL PASS TO THE LEGAL HEIRS.

DOCTRINE OF CONSTRUCTIVE FULFILLMENT

- Art. 883 par 1; if casual condition - N/A
 KINDS OF TERM
1. SUSPENSIVE
- rights are SUSPENDED UNTIL THE ARRIVAL of
the date or time designated by the T.
- Art. 855 par 2.
2. RESOLUTORY
- Rights are IMMEDIATELY DEMANDABLE but
SUBJECT TO EXTINGUISHMENT upon arrival of
the date or time designated by T.
CONDITION TERM
An UNCERTAIN event SURE TO HAPPEN or TO
which MAY or MAY NOT ARRIVE, even if the
happen. exact date of such may
be uncertain
Acquisition of the rights Right is ALREADY
depends upon the TRANSMITED to the heir
HAPPENING OF THE UPON THE DEATH OF T.
CONDITION term merely serves to
Condition does not DETERMINE THE
happen= heir does not DEMANDABILITY OF
succeed SUCH RIGHT ALREADY
ACQUIRED.

IN CASE OF DOUBT:
Modal NOT conditional; Suggestion,
observation or expression NOT mode.
 KIND OF COMPULSORY HEIRS
1. PRIMARY – always entitled to their legitime
regardless of the class of CH they may concur
with.
2. SECONDARY – excluded by other CH and
succeed only in the absence of primary CH
3. CONCURRING – succeed together with the
primary or secondary CH
N: for ICD to be a CH, THEY MUST BE
RECOGNIZED
COMPULSORY HEIRS
T IS LEGITIMATE T IS ILLEGITIMATE
a. Legitimate Children a. Legitimate Children
and Descendant or Descendants
b. In default – b. Illegitimate Children
legitimate parents or Descendants
and ascendants c. Default –
c. Surviving spouse illegitimate parents
d. Illegitimate children only
and descendants d. Surviving spouse

C and D are not excluded

by A and B neither o they
exclude one another
 SUMMARY OF GENERAL RULES
DIRECT DESCENDING DIRECT ASCENDING
LINE LINE
a. Rule of preference a. Rule of division by
between lines lines
b. Rule of proximity b. Rule of equal
c. Rule of division
representation ad
inifinitum in case of
PREDECEASE,
INCAPACITY,
DISINHERITANCE
N: LCD only can
represent. Illegitimate –
both LCD or ICD can
represent
d. LCD repudiates –
next generation of
LCD succeeds in
their own right.
NON-IMPAIRMENT OF LEGITIME
 RESERVA TRONCAL
REQUISITES: (GOLD)
1. Property should have been previously acquired
by GRATUITOUS title by the descendant from
another descendant or from brother or a sister.
2. The property should have been acquired by
OPERATION of law by an ascendant from his
descendant upon the death of the latter
3. The descendant should have died without
LEGITIMATE issue in the direct descending line
who could inherit from him
4. There are relatives of the DESCENDANT-
PROPOSITOUS who are within the 3rd degree
who belongs to the line from which the property
came.
NOTE: RT contemplates LEGITIMATE relationship.
IL and by affinity - excluded.
 PERSONS WHO CAN QUALIFY AS
RESERVATARIOS
DEGREE OF RELATIVES INCLUDED
RELATIONSHIP
1ST Legitimate FATHER or MOTHER
2nd 1. Grand Parents
2. Brothers or sisters (full or
half-blood) belonging to the
line from which the
reservable property came
3rd 1. Great grandparents
2. Uncles or aunts (brothers
or sister of the full or half
blood of the propositous’
father or mother)
3. Newphew or nieces
(children of propositous’
brothers or sisters of the
full or half-blood)

the degree of relationship must be counted from

the descendant-propositous, because it is only
upon his death that the property becomes
reservable.
They must belong to the line which the reservable
property came.
they must survive the descendant reservista
 DISINHERITANCE
REQUISITES: (LV-CUTS-RED)
1. For a cause expressly stated by the LAW
2. Effected only through a VALID will
3. Cause must be CERTAIN and true
4. UNCONDITIONAL
5. TOTAL or complete
6. Cause must be STATED in the will itself
7. The will must not have been REVOKED
8. For an EXISTING cause
9. The heir disinherited must be designated in
such manner that there can be no DOUBT as to
his identity
EFFECTS:
1. Deprivation of any participation in the
inheritance INCLUDING LEGITIME AND FREE
PORTION
2. Children or descendant of the person
disinherited shall take his/her place and shall
preserve the rights of CH with respect to the
legitime.
3. Disinherited parents shall not have the usufruct
or administration of the property which
constitute legitime
 IMPERFECT DISINHERITANCE
INSTANCES:
1. DI has no specification as to the cause
2. DI for a cause – truth of which if contradicted is
not proved.
3. Cause is not one of those set forth in the CC
4. When one or more of the requisites for a valid
DI is/are lacking,
EFFECTS:
1. T HAD MADE A DISPOSITION OF THE
ENTIRE ESTATE
- Institution of heirs is annulled insofar as it may
prejudice the person disinherited; does not
affect disposition of T with respect to F.portion
- Dev/Leg and other T. disposition shall be valid
to such extent as will not impair legitime.
2. T DID NOT DISPOSE OF THE FREE
PORTION
- CH is given all that he is entitled to receive as if
the DI has not been made without prejudice to
lawful dipositions made by T in favor of others.
 DISINHERITANCE PRETERITION
Always intentional May be intentional or
unintentional
Cause must always be May be with or without a
stated in the will; true cause
and legal
DI heir inherits nothing Annuls the institution;
omitted heir inherits
Will is always required May exist with or without
a will
May be VALID when all of Institution is always
the requirements of the VOID, except when the
law are met preterited heir
predeceased T.

IMPERFECT D.I. PRETERITION

Person disinherited may Person omitted must be
be any CH a CH in the direct line
Always express Always implied
Always intentional May be intentional or
unintentional
Partial annulment of Total annulment of
institution of heirs institution of heirs
Institution remains valid; Institution is completely
must be reduce insofar annulled
as the legitime has been
impaired
 CAUSES FOR THE DISINHERITANCE
CHILDREN OR PARENTS OR
SPOUSE
DESCENDANTS ASCENDANTS
COMMON (AFAR)
1. Heir has been found guilty of an ATTEMPT
against the life of T, his/her
ascendants/descendants, and spouse in case of
children and parents.
2. Heir by FRAUD, violence, intimidation, or undue
influence causes T to make a will or to change
one already made.
3. Heir ACCUSED T of a crime to which the law
prescribes imprisonment for 6 years or more,
accusation is groundless/false
4. Refusal without justifiable cause to support T
who disinherits such heir.
C-MAD CALA LP
1. CONVICTION 1. Convicted of 1. Has
of a crime adultery or given
which carries CONCUBINAG cause for
with it a E with spouse legal
penalty of civil of T separatio
interdiction 2. ABANDONED n
2. MALTREATMEN their children 2. Given
T of T by word or induced grounds
or by deed their for loss
3. Convicted of daughter to of
ADULTERY or live a corrupt parental
concubinage or immoral authority
 with spouse of life, or
T attempted
4. Leads a against their
dishonorable virtue
or disgraceful 3. LOSS of
life (both male parental
and female) authority for
causes
specified in
Code
4. ATTEMPT by
one of the
parents
against the
life of the
other, unless
there has
been
reconciliation
between
them
 EFFECTS OF VACANCY
TESTAMENTARY
A. LEGITIME
a. Predecease – REPRESENTATION if there is
C/D; none, inherit in their own right
b. Incapacity – same as pred.
c. Disinheritance – same as pred.
d. Repudiation by an heir – others inherit in
their own right
B. FREE PORTION
- Accretion
INTESTATE
a. Representation – if there is C/D of the
descendant
b. Incapacity – same as pred.
c. Repudiation – always accretion