In testamentary succession babe there is no substitution in intestacy that's why India is right

the first I institution the last I is investasi OK So what are the two kinds of substitution and take
note again that 858 it's actually not a good numeration because they jump together two
different kinds two different categories of substitution so when we talk about the kinds of
substitution you're either looking at it from the point of view or a simple substitution or a PTA
commissary subscription samples of this is shadow is also known as Bulger right So what is a
simple substitution basically the basis here well weather today, side or simple the basis really is
there right on the testator to decide who gets his or her property but in simple substitution
uhm but BCS is the freedom of the December to make a second choice or replacement whereas
in a few day commissary substitution the basis is that the state's freedom to impose a burden
on the first first air because they are not actually the same second person or group of person
who will take the place of the original instituted air when the other hand inducted a
commissary subsequent shine with happens is the first air the fiduciary nursing through and
accept it in fact people got me saying he's the one who will need to get the property upon the
period set by the state or or upon the death of the prediction so again in similar position that
the Staters simply makes a second choice in case the first choice does not inherit so in the day
commissary essentially this is a restriction or burden the first care coupled with a selection of
the subsequent recipient of the property gay when the other hand what about the what does
mentioned in 858 these are actually the modes or more daily modalities or barely shirts for
each kind you have the brief or competitors and reciprocal so let's discuss in more detail the
simple substitution substitute basically uhm is to enter into airship in case they originally
instituted air should die before or it does not wish it or it should be incapacitated so under the
last session we call this the PDC's or they re none ciation or the incapacity OK so a simple
substitution without a statement of the cases to which it depression comprise a free mention
so anytime that the theater says I um I give my card to 8 and B will be the simple substitute the
fact that there was a mention about the simple substitution already covers predecease
renunciation and the Pacific why do you have to mention that because if for example the stator
says that um I give three my car and in case he renounce is it then be will get it but they still
substitution right but it does not fall over PBCS and incapacity in which case in case a should die
beforehand or in case of incapacity of being then you don't actually consider be a substitute
because the procedure made it clear that the substitution would only be a pondering and
solution of the so how again will it be state or provide for simple onboard bodyguard
substitution by specifying all three courses above or by merely saying simple substitution but
they may also limit the operation of simple substitution by not specifying all the create process
just one or two and it becomes a restricted simple substitution so kindly to say to provide for
substitution and other grounds like he goes to jail for having been convicted right so you know
that that by itself is not going to make someone incapacitated right in which case this is not no
longer considered a substitution but rather a conditional testamentary disposition which we
will get into after midterms but this would still be a valid institution so how many substitutions
can be made but at the state or only one K the person substituting cannot be substituted again
so again is it possible that the law could be provided for different kinds of substitutes yes if the
law actually allows him but Philippine version of substitution only allows for one degree of
substitution substitution under simple substitution OK and then for the modality of this this can
be brief meaning two or more substitutes for one or regional air or compendious meaning one
substitute for two or more original errors so if in case there is a before because of previous ease
into passivity or in NC shown by 1 originally error substitution will not take place write the
sherlocke began with a crude the surviving that is the lone exception being if the testator
actually provide for the substitution even only one of the original air system before on the
other hand when we talk about compendia use a substitution this is where in case there is one
substitute for two or more and in case of the default of all the original years one bank apacity
another one but none see Sean and the other one that PVCS then you will have substitution
that will take place for the one substitute for all regional is 861 also talks about if the heirs
instituted in an equal share should be reciprocally substituted then there's substitutes
eloquently shares of the air cooled ice renounce is or is incapacitated unless clear he appears at
the intentional that the stator was otherwise So what is a reciprocal substitution when the
errors are made substitutes of each other so again this is merely a modality and not a a kind of
substitution because we if this question should ever ask in the bar what are the kinds of
substitution your answer should be simple or FedEx and then you can say there are also
modalities including brief or compendious right it's then lays down the road basically the
substitute merely takes the place of the original air and so they shall be subject to the same
charges and conditions imposed upon the instituted air so that is the wonderful guests at the
state are expressly provided the contrary or the charges or conditions are personally applicable
only to the air instituted right so that's for simple substitution because it's equal enough right
you have you basically just designate one other person and you don't impose any other
condition other than there has to be BBC's incapacity or renounce Asian because he for
example you add in and that the substitute must have already become a lawyer and passed the
bar that's no longer under simple substitution it's actually a testamentary are equal ditional
testamentary disposition in this time because in simple substitution your basically just
designating another person who will step into the shoes then we get go to the second guy or
substitution which is the PDA commissary substitution So what is the idea here subsequent
showing that the stator is allowed to mention two people so basically they instituted errors in
total or three right you have the original error right uh sorry no that's for the simple
substitution in feeding commissary substitution the instituted error is not really a error in the
fullest sense of the word OK because they have a Judy to actually preserve and transmit the
whole or part of the inheritance in which case it's still going to be valid right so the producer ER
first air instituted this entrusted with the obligation to preserve and to transmit so take note of
the cooperative and it's not or peso preserve entrance myth remove I did and this is the a
critical portions also because he's just come out several times in the bar whether this
constituted today commissary substitution or whether it's a um but it bold is it's really just an
institution of error with conditional requirements by that the state or so or it could be a true
substitution the substitution does not go beyond one degree from the air originally instituted
and at the Chevy or pair first air and the second error living at the time of the death the
deceiver let's discuss first the first condition the substitution does not go beyond 1 degree so
you will notice that you have commentators who will have said but this has been interpreted by
the Supreme Court to mean that the fiduciary and everyday commissary must be father and son
or daughter father and daughter or father and child right better than child so this was actually
criticized because you have other writers symbolists who say that the 1 degree could also be
interpreted to mean instans and therefore it did not have to be that closely related to the
fiduciary and DVD commissary do not actually have to be related course long as the
transmission happens only one degree after meaning one instance so the degree is not so much
about the concert will it be but rather the in stunts that it happens but based on our
jurisprudence it's clear now that it has to be buried file the second aspect of it though is that
both the fiduciary and up to date have to be living at the time of the death of this paper and
that is only time that we look at the the capacity of the industry and upon the death of this
paper because even if the fiduciary outlives the PD commissary there is still the duty to
preserve and transmit but this time to the heirs of the pdq inside So what are the elements of
the PD come study jurisprudence makes it clear that there are five so the first one is that there
is a first error who takes the property upon the testators death so take note the fiduciary enters
apondi inheritance when it when that the stator dies that's the first element second element is
the secondary who takes the property after or subsequently from the fiduciary but this is where
it is a special kind of substitution because the secondary takes the property after or
subsequently from the fiduciary this person already has the best in and we differentiated from
simple shortcuts if they instituted air accepts it and it's not incapacitated that substitute you
know that right is never going to be complete a so because the incapacity the renown ciation
and the PDC is reckoned at the time of the death on the other hand when we talk about the
elements of the day commissary the second air already has a best drive at the time of the
dissenters death except that he's right to subjected to a period in this. Is upon the death of the
people sharing it there's no mention specifically but that the state or or the period set but at
the State Park five years 10 years when the video Missouri graduates from college when the PD
commissary becomes a parent no those could be any of those particular periods right so it
doesn't actually have to be a date it could be better OK up so this is also true even if the
predicament side does not receive the property yet because both heirs enter into the
inheritance one after the other each and its own turn or sequence so at this point the
expectancy is not just in Kuwait it's now bested and even if he dies before the end of the
publisher iterm the right process to the heirs because he already has a vested right so he need
not be alive by then so third element that the second year must be 1 degree from the air so in
the case of Palacios versus army rest it was made clear this is our bread to be parent or child
right so it can be that the the first error is the child OK it doesn't mean that the older one is the
first air but they're just saying they have to be 1 degree from each other then the 4th element
is a dual obligation imposed upon the fiduciary to preserve the property and to transmit it after
the lapse of the period with the Friday commissary and jurisprudence makes it clear that the
obligation to preserve and transmit it's actually the essence so in one case where there was no
requirement that the first air could not sell or dispose this report said this was not a good day
for mystery substitution OK this was merely a testament conditional testamentary disposition
what is the fifth element both errors must be living and qualified to succeed at the time that
the state's death so again temporal criterion the time the testators there and that this tater
need not survive the first air with the second air dies before the Paris air II airstairs nearly Texas
please so like I mentioned in the case or BICCIB was esplin where the disposition actually talked
about you know the spa designation that should husband died and the brothers and sisters of
the pastor would receive whatever risky do or profits are left Supreme Court said the way that
it's worded made it clear that this was not delete decor substitution this was a simultaneous
institution but subject to condition that there was actually something left upon the death of the
other person OK so why would there be a why would you have to determine whether it's
ridiculous Ari or not well because of the rule that if it turns out to be a teacher commissary
substitution and it does not comply with the five elements it's as air there is no feeding
commissary and it's going to be treated as a simple institution but this idea there so 864
retreats again the rule about compulsory succession right but it can never burden the legible so
in case the device or the legacy would actually actually infringe on the ledge game then so
much of that that infringes is going to be invalid 865 also makes it clear that there can't be
there will not be an implied we did commissary substitution so it has to be expressly made but
when we talk about expressly made it can be written as speedy commissary substitution is
going to take place or but the dictionary is expressly required to deliver the inheritance in the
secondary without other deductions other than those which arise from legitimate expenses
credits and improvements save in the cases where the testator's provided otherwise so how
then do you make or impose add today concerning substitution basically two ways first using
the term feeding commissary right so I I institute a as the fishery in his child as a um sorry I'm
his child as the PD commissary so nothing else by the park or using the producer Ian today,
sorry the idea already that this is an express read a commissary substitution on the other hand
without using the perfidy commissary if the state says I give to a but he cannot sell it and he
must and upon his death uh it's going to be preserved and transmitted to his child right or vice
versa I threw the child and upon uh his death or or I started. Then it's going to revert to the
parent so how should the first air transmit the property the second air delivered the property
intact and undiminished to the predicament sorry upon the arrival of the period so as a rule no
deductions are now So what are the only reductions allowed by the law those which arise from
legitimate expenses and mileage it'll be expenses you're looking at expenses the bar necessary
for the preservation recall what else credits So what are these credits mentioned under the law
under article 865 what if the fiduciary had to spend in order to fix the roof and he uses his own
money so that fixing up the roof is a necessary experience and he had to pay for it so that
particular amount that we pay is going to be treated as as a credit OK and then the other
deductions are improvements hey so necessary experiences as well as improvements and by
improvements you're looking at useful improvements so how about damage to or deterioration
of the property repeat do sharing is liable only if this was caused by his fault or her fault or
negligence and then the second air center quite the right to the succession from the time of the
dissenters death even though we should die before the production the right of the secondary
shall pass these errors so again the second error must actually already be alive uh so when we
talk about surviving that the state or we're saying that purposes you recall under the provision
of the Civil Code but even her fetus is considered alive for purposes it or Bieber about weed and
then you find lode just a short. Right so even iapetus is already could consider this alive and can
become the however there is no requirement that the second air should actually survive the
first air So what should not take effect 867 actually enumerates the things that are not going to
be treated as operable as far as we'll serpentarium so he D do Chevy substitutions which are
not made in an express manner hi there by giving them this name or imposing upon the fishery
the absolute obligation to deliver the property so if there is no allow begins son there is no
Friday commissary substitution but the lack of this element does not by the fact alone many
fighting city showing it only means that it is not happy day commissary substitution it could be
something else as in the case of PCI be vs brilliant what else will not be operated provisions
which contain perpetual politicians to eliminate even at temporary one beyond the limits fixed
in 1863 so in today commissary the law puts the limit to the first air's lifetime if it's not today,
sorry uh uh will be shining and I will then the limit is 20 years recall that the State Bar can
actually require the property will be managed by someone else and none of the heirs can
actually sell it but this limit is only up to 20 years what is the third inoperative previous time
those which impose upon the air the charge of paying the various persons successively a certain
income or pension beyond the limit prescribed in 863 the idea being that when you talk about
the requirement under 863 you still have to follow what the law actually says would be the limit
OK so specifically when we say uhm what are the limits under 863 that only up to the video
nevertheless there is no probation on simultaneous beneficiaries say just not one beyond the 1
degree in the last inoperative provision is those which lead to pursue on the whole or part of
the editorial property in order that he may apply or invest his team according to the secret
instructions communicated the game but this paper so this is the part where the law wants to
prevent something indirectly which cannot be done directly Bay So what is an example of this
you do every day, sorry substitution with your best friend and your best friend's child but the
secret instruction is that this best friend and the child Arden going to be you know giving money
and babe and board and what is really an odd by the law through the mistress or illegitimate
children that they will get more than what they are supposed to get OK there's no limit first
long as the parent gets it from the disposable part but you know that if it's an adulterous
relationship this is not something that is allowed K that is avoid any shot so the secret
instructions here are really supposed to be struck down so the entire provision itself becomes
void right the novelty of the federal commissary substitution does not prejudice the valid iti of
the institution of errors processing needed so if it turns out to be there was an attempt to make
it we will be sharing substitution sorry I did a comedy subscript show and but it's not within one
degree for example then that the decor's identified is going to be completed as if not identified
at all and the fiduciary is going to be treated as he original and only is stupid air so the
institution of the first error simply becomes pure and qualified um the provision whereby that
the state are leaves a person on the whole or part of the inheritance and another the use of
production valid so if it gives a user proper berries persons not simultaneously but successively
the provisions of eight secretion apply the idea again is that naked ownership may be separated
from the use of basically the stator can give naked ownership of the property and then you
subscript another and in both cases he can also have today, sorry substitution scale and if that
were so yesterday with the provisions of article 863 which talks about the five elements to
make the PDF commissary substitution valid and then 870 basically says that anything declared
to be in alienable for more than 20 years is going to be boring so at this point we I remind you
about the provisions and pony ship right agreements for go ownership and only be to a
maximum of 10 years but the Co owners may keep on renewing so a situation but there I swear
that the stator comes up with a will and says that under be scarce can sell the property and this
is valid for up to 20 years OK so that the senator says more than 20 years it's not going to be
stricken down only the access of their deals right so if he says for life without you know for 50
years the limit is 20 years however the Co owners may still elect amongst themselves so
company agreement not to also partition the disagreement again is up to a limit of 10 years but
subject to unlimited renewals as long as it keeps within the 10 year limit that this idea there
yeah so it's only so fast grim it's just me discussing questions on so it's italicize OK so let