Succession 774 -(subsidery) mode of acquisition by virtue of which properties, rights and obligation to

the extent of the value of inheritance of a person are transmitted to his debt to another or others by
his will or by operation of law.

Constructive personality 40- personality form conception, subject under art 40 of the civil
Intra uterane life of at least 7 mons,
Wait 24hrs if the baby intra uterane life of less than 7 mons

1. It is a mode of acquisition(way or means by which an individual

Comes from inheritance of a person
Inheritance- is everything that a person leaves behind and not what the person receives.
2. Over properties, rights and obligation(up to the extent of the value of the property inherited) of the
inheritance, transmission must be mortis causa
3. When and how transmitted by the debt and by virtue of the debt of the person whose inheritance
is the subject of the contract
4. 2 means by which is by will(testamentary) or by operation of the law(intestate succession or
succession without a will)

Morti causa -after death

Intervivos- within the life

Compulsory succession-50% of the intestate for the legitimate children

Voluntary-other 50%

Contractual succession- last part of Art 1 family code

Relatives by consanguinity and excludes by affinity

Original mode
Intellectual creation
Derivative modes
1. Purchase
2. Donation
3. Prescription
4. Succession

Kinds of wills
Testamentary succession
Will- is an act whereby a person is permitted with the formalities of the law to control into a certain
degree the disposition of his estate to take effect after his death.
Common requirements of wills
A. Must be in writing and in the language known to the testator

1. Notarial will or attested will

Requisites
A. Must be signed or subscribe(mechanical act of signing) by the testator(if the testator is weak he
may ask someone to sign it for him at a certain limits provided for by the law in compliance and
protection against fraud, and must be under the expressed direction of the testator meaning the
testator himself should be the one to ask the one to sign for him and second it must be in the
presence of the testator.)
B. The will must be attested(certification that the person has witnessed and observe a certain act) and
subscribe by 3 or more credible witnesses in the presence of the testator and in the presence of one
another,
C. Each page must be numbered in letters at the upper part of the page(but subsequent decisions of
the SC have allowed other means.) so that we should known that there are pages inserted and
protect against fraud.
D. Each page must be signed by the testator and by each of the witnesses preferably on the left hand
side in the presence of one (but SC decides that as long as there are signatures appearing in the page
it is fine)
E. There must be an attestation clause(can be copied from the law.)
F. Must be notarized(or acknowledged(oath of free act and deed) before a notary public)

2. Holographic will-must be Written, dated, Signed by the testator only. But additional requirements
needs to be complied after the death of the testator.
Probate proceedings- proceedings in court in which the will is proven.

In case of notarial will: will shall be submitted to the court to prove its validity and the matters
contained therein same with the holographic will.

Requirements in case the will is a holographic will

1, there must be at least 1 witness who knows the handwritten and the signature of the testator who
can testify that the handwriting and the signature belong to that of the testator

However, if someone questions the validity of the witness is contested, the remedy would be to
produce at least 3 credible witnesses to prove its validity

If all witnesses have died to prove the validity of the will then the remedy would be to avail for expert
testimony

Expert testimony: got o NBI which would test the validity of the handwriting and signature of the
testator.

Importance of Succession
1. It becomes a natural instinct of the parents to provide something he would leave behind
It is a recognition of law for consanguinity
2. Socio-economic postulate
If the properties cannot be given away, what will happen to the economy
3. Implisite art 428

Testator- with will

Decedent- with or without a will

Inheritance includes- properties(real or testament-personal), rights, and transmissible obligation( only

to the extent of what he receives)

What properties can be included- Anderson vs perkins

Only to

Sales can not be invalidated, 50% must be adjudicated to the decedent

Rights
Intransmissible rights- family rights, marital, parental authority, support, right to claim recognition as
a natural child, right to hold public office,

Transmissible rights
1. Right to bring or continue an action for forcible entry or unlawful detainer
2. Right to compel the execution of document, action for specific performance

Obligations are

Adjudication may be
Extrajudicially only if the decedent left no debts,
But if there are obligation- obligations comes first
Actual death
Presumed death art 390- 10 years but after the age of 75, 5 years
391- Extraordinary absence-
For all purposes including the 4 years
1. Person on board of lost during a sea voyage, or a missing plane for 4 years
2. A person in the armed forces who has taken part in war and has been missing for 4 years
3. A person danger of death and his existence has not been known for 4 years

Heir must be living at the time of death

Heir is willing to accept
The heir is capacitated to inherit

If reappearance of the absentee

1. Recover the property
2. The price of the property alienated or sold may be recovered
3. Cannot claim of fruits or rent

Instituted heir- referring to the distribution of the free portion because the compulsory heir doens’t
need to be instituted.

Judicial proceedings is necessary if the

Testamentary
Legal
mixed

Omitted heir-

Voluntary- free portion

Compulsory- 50% for legitimes

Compulsory maybe voluntary- if the testator gives a portion of the free portion of the property

Testamentary succession- 783

Characteristic of will
1. Statutory right and not a natural right
2. Unilateral Act doesn't require acceptance while the testator is still alive

805- Attested by 3 or more witnesses

1. In writing,
2. Executed in a language known to the testator
3. Subscribe(signed) at the end, or another person provided it must be done In the presence of the
testator, by the express direction of the testator and not one of the 3 witnesses.
At least 3 attesting witness, not required to see the actual

Purpose is to avoid fraudulent substitution of the will

2 condition

Failure to have marginal signature is a fatal defect

Case: one of the pages of the will are not signed by the witness, is okay,
Witness can also sign with cross or thumb mark

For purposes of preventing substitution wills should be numbered

Attestation clause is to prove due execution
Must state the number of pages in the will, the testator sign the will, including the witnesses
Absence is a fatal defect
Can prove the due execution,

Making of the will is a strictly personal, so witnesses need not know the contents

Notarial date is not necessary in ordinary will notarial but essential in a holographic will

806 must be acknowledged by a notary public, but a notary public is not required to have a copy nor
furnish the same in before the clerk of court, must not be an attesting witness of the will except if
there is more than 3 witnesses

Ambulatory- can be modified by the testator during his lifetime

Durat- portion of the affidavit subscribe and sworn, while acknowledgement is one after a document

Another requirement
1. If the testator is a deafmute, 807- designate 2 persons to read the will or communicate to him in
some practicable manner,
If the testator is blind: 808:the will shall be read to him twice by 1 st subscribing witness and 2nd by the
notary public before whom the will is acknowledge
If the testator is both deafmute and blind, : both 807 and 808 must be complied, if there no other
practical means of explaining the contents of the will, then he cannot make a will but if he
knowledgeable using brail language then he may execute a will

809 refers to the substancial compliance of an notarial will

In the absence of bad faith, forgery, defects will not invalidate the will

Holographic will
1. Entirely written
2. It must be dated
3. It must be signed by the hand of testator himself
Requires at least 3 witnesses that indeed the signature is legit

Advantages of holographic will

1. Easier to make
2. Easier to change

Disadvantages
1. Easier to forge
2. Easier to misunderstand

Does not require and acknowledgement by the notary public

814- If the last disposition is signed and dated, validates

Insertion, cancellation, the testator must authenticate the same with his full customary signature

Extrinsic validity art 17

818: joint wills not recognized by the philippines

Why:
1. will is purely a personal act of the testator
2. In case of husband and wife, one maybe tempted to kill the other

Prohibited wills
1. Joint wills
2. Art 5 of teh civil code

820: qualifications of the testator

Disqualified: person not domiciled in

Codicil- a little will, supplement or addition to a will

Made after the execution of a will

Baltazar vs lacsa, burden to prove that testator is of sound mind, lies in the shoulders of the
petitioners because the presumption is always in favor of sanity,or lies to the oppositors of the will
Issue: w/n the testator is of sound mind at the time of execution of the will

The state of being forgetful does not necessarily equates to unsoundness

If 1 month prior to the making of the will the testator is publicly known to be insane then the will shall
be proven that the will is made during lucid intervals.