INSTITUTION OF HEIRS

In general

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

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. (764)

a. Classification of heirs

Art 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and
descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in article 287.

Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude
one another.

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner
and to the extent established by this Code.

Art 287. Illegitimate children

other than natural in accordance with article 269 1
and other than natural children by legal fiction
are entitled to support and such successional rights as are granted in this Code.

Art 189. FC. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire
the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the
adopted to use the surname of the adopters;

1
Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any
impediment to marry each other, are natural
(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters,
except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted
shall be exercised jointly by both spouses; and

(3) The adopted shall remain an intestate heir of his parents and other blood relatives.

Sec 15. RA 8552. All hearings in adoption cases shall be confidential and shall not be open to the public. All records,
books, and papers relating to the adoption cases in the files of the court, the Department, or any other agency or
institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or
arising out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary
information to be released, restricting the purposes for which it may be used.

Sec 16. Parental Authority. – Except in cases where the biological parent is the spouse of the adopter, all legal ties
between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the
adopter(s)

Sec 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents
and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters
born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support
in keeping with the means of the family

Sec 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had
left a will, the law on testamentary succession shall govern.

b. Extent of grant

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.

Identification of 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.

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 other proof, the person instituted cannot be identified, none of them shall be an heir

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
Rule of equality

Art 846. Heirs instituted

without designation of shares
shall inherit in equal parts

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

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

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

Manner of institution

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.

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.

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

Effect of predecease of heir

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.
Cause

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

Ruben, Consuelo, Lauro Austria v CFI Judge Reyes, Perfecto, Benita, Isagani, Alberto, Luz Cruz (1970, Castro)

- Testatrix: Basilia Austria vda de Cruz

o Nephews and nieces: Ruben, Consuelo, Lauro and others
o Legally adopted children: Perfecto, Benita, Isagani, Alberto, Luz
o Will: Perfecto, et al to get majority
- CFI: Basilia: probate of own
o Opposed by nephews and nieces. Dismissed
o Probate OK
- Basilia died. Perfecto executor
o Intervention for partition. Perfecto et al not adopted. Authenticity of adoption papers
 NBI: genuine
 Constabulary: not genuine. Motion to refer papers to Constabulary for further study
 Depositions from personnel to have granted adoption: denied knowledge of adoption
o Motion to set hearing for genuineness of adoption
 Benita: confine motion to properties not disposed of in will. Granted. MRs denied
- SC:
o Ruben, et al: no adoption. 850: false cause for institution of heir, considered not written. Instituted
them as heirs because thought it was required by law. Had she known adoption spurious, nothing
o Adoption status irrelevant
 WON adopted, Perfecto et al will succeed either as compulsory or testamentary heirs
 || 842, CC
 And can only be assailed in separate action for that purpose; not collaterally
o Basilia intended to make adoptees heirs
 for heirs to be annulled under 850, requisites:
 Cause for institution of heirs stated in will
 Cause shown to be false
 Must appear from face of wil that tor would not have made such institution if he had
known the falusity of cause
 knew legitimes and compulsory heirs under law, would not have made will
 + large land to adoptees. Show inclination to give more to adoptees
 Even if instituted because thought required, institution as heirs still valid || above intent
 Testacy favored over intestacy
 Expecially where will evinces intention to dispose of practically his whole estate
 Intestacy should be avoided and wishes of tor allowed to prevail
 + no fraud, trickery, undue influence
o DENIED.