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1. Grandfather A instituted his granddaughter B, a recent law graduate, to the entire

free disposable portion of his estate provided that she passed the bar within a
period of one year from the testator's death.

The free disposable portion of his estate will be withheld and placed under
administration, for a period of one year from the testator’s death, until the B passes
the bar and the institution becomes effective and, thus, B enters into the inheritance.

2. A, instituted his friend B in his will to a parcel of land located at Makati City
provided that B shall quit from playing mahjong. If B, breaches the condition, he
will lose the his right over the said parcel of land and the same must be returned
to the estate.

3. Filipino decedent Peter Lim instituted his good friend Bong Gong to an island in
Pangasinan owned by the former. However, provided in the will is the condition
that Bong Gong must first accomplish a shipment of cocaine from China to the
Philippines, before said devise may be passed on to his name.

The shipment of cocaine to the Philippines is a violation of the Comprehensive

Dangerous Drugs Act of 2002, and is deemed illegal under the eyes of the law.
Under Art. 873 of the New Civil Code, conditions which are either impossible or
contrary to law or good customs are deemed inoperative conditions, such as in
this case.

4. Grandfather A instituted his daughter B to the entire free disposable portion of his
estate provided that B will make provisions in her own will instituting her own son
and his grandson C to the entire free disposable portion of her own estate.

5. A, the testator, bequeath B a 200 sqm. parcel of land located in Makati City
provided that C should pass the 2021 Bar examination. The institution of the
property of A to B is solely dependent on whether C will pass the bar exam.

6. Jose Ayala, a business tycoon, instituted his good friend Juan Villar to a house
and lot located in Forbes Dasmarinas Village, with the condition that the latter
must first court and woo, and to marry Jose’s old sister, Josefa. Only then that
Juan may rightfully claim ownership over the devise.

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In the present case, the condition imposed by Jose is mixed, for it depends not
only on the will of Juan (devisee), but also on the will of a third person (Josefa).

7. Grandfather A instituted his granddaughter B to a devise in the form of a

Manhattan apartment conditioned upon B quitting her singing career and
pursuing law school instead.

8. A, the testator, bequeath B, his nephew, financial support from his estate in the
amount of PhP 20,000.00 monthly until B reaches the age of twenty-one (21).

9. Chavit Singoson instituted Dr. Quack S. Quack as his devisee, bequeathing a

land in Makati City, with the condition that Dr. Quack S. Quack will acquire the
property subject to the obligation, until he dies, to conduct free medical
examination annually to Chavit’s daughter Maria, and in the event of non-
fulfillment, the property will pass to the nearest descendants of the testatrix.

The said institution is a modal, for it imposes a charge upon the instituted heir
without, however, affecting the efficacy of such institution.

10. Instances when Caucion Muciana is required:

a. For suspensive terms (CC 885)

b. For negative potestative conditions (CC 874, CC 879)
c. For modal institutions (CC 882(2))

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11.

Art. 863 Art. 866 Art. 868

A fideicommissary The second heir shall The nullity of the

substitution by virtue of acquire a right to the fideicommissary
which the fiduciary or first succession from the time substitution does not
heir instituted is entrusted of the testator's death, prejudice the validity of
with the obligation to even though he should die the institution of the heirs
preserve and to transmit before the fiduciary. The first designated; the
to a second heir the right of the second heir fideicommissary clause
whole or part of the shall pass to his heirs. shall simply be
inheritance, shall be valid considered as not written.
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.

Scenario

The fiduciary (1st heir)

and fideicommissary (2nd The fideicommissary (2nd The fideicommissary
heir) are both living at the heir) died before the substitution is null and
time of the death of the fiduciary (1st heir) void.
testator

Effects

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The fiduciary has the The heirs of the The validity of the
duty to preserve and fideicommissary inherits institution of the heirs first
transmit to the the property since the designated will not be
fideicommissary the fideicommissary already prejudiced. The fiduciary
inheritance. The acquired successional inherits the property.
fideicommissary inherits rights upon the death of
the property. the testator.

12.

SUPPORT AND EDUCATION

What it Who are involved Where it is When Attachment/

comprises charged demandable Collation
FAMILY CODE Everything Support under The obligation to The right to
indispensable for Obligation between and the Family give support shall receive support
sustenance, among: Code be demandable as well as any
dwelling, clothing, from the time the money or
medical · Spouses Everything person who has a property
attendance, indispensable right to receive obtained as
education and · Legitimate for sustenance, the same needs it such support
transportation, in ascendants and dwelling, for maintenance, shall not be
keeping with the descendants clothing, but it shall not be levied
financial capacity medical paid except from upon on
of the family · Parents and attendance, the date of judicial attachment or
their children education and or extrajudicial execution. [Art.
transportation, demand. 205, FC]
· Legitimate in keeping with Support pendente This is to
brothers and the financial lite may be protect that
sisters, whether of capacity of the claimed in which the law
full or half-blood family accordance gives to the
with the Rules of recipient
· Illegitimate Obligation Court. against want
brothers and sister, between and Payment shall be and misery.
whether full or half- among: made within the
blood •Spouses first 5 days of
•Legitimate each
Exception: ascendants and corresponding
descendants month. When the

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When the need for •Parents and recipient dies, his

support of one (who is their children heirs shall not be
of age) is due to a •Legitimate obliged to return
cause imputable to brothers and what he has
his/her fault or sisters, whether received in
negligence of full or half- advance.
blood
•Illegitimate
brothers and
sister, whether
full or half-blood

Exception:
•When the need
for support of
one (who is of
age) is due to a
cause
imputable to
his/her fault or
negligence

For spouses,
common
children, and
legitimate
children of their
spouse:
•CPG or ACP
Legitimate
ascendants,
descendants
(legitimate or
illegitimate),
and brothers
and sisters
(legitimate or
illegitimate)

•Separate
property
For illegitimate
children:

•Parent’s
separate
properties

Note:
•Where the
illegitimate
parent is legally
married to
another person,

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their CPG or
ACP cannot
answer for
support for the
illegitimate child
of one of them
unless the
parent has no
adequate
separate
property, in
which case,
support will be
taken from the
CPG or ACP
subject to
reimbursements

CIVIL CODE Estate through Upon the death of Expenses for

Education: Testator bequeaths by the executor or the testator support,
virtue of a will to: administrator, education (only
 Fixed by except when elementary
testator  Heir testator and secondary),
 Based on  Legatee imposed it on medical
social another person attendance,
standing of Education until even in
legatee extraordinary
 Value of free  18 years old, or illness,
portion  Completion of apprenticeship,
ordinary
course
Support: equipment, or
 Whichever comes
customary gifts
later
 Fixed by are not subject
to collation.
testator Support until:
 Usual amount
given to  Whole lifetime of
legatee legatee
 Based on  That provided by
social testator
standing of
legatee

Value of free
portion

13.

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LEGACY/DEVISE EXAMPLE

Thing owned in part by the testator Testator A bequeaths to B a real

estate property he co-owns with a
friend; the devise is limited only to the
part that he owns.

Thing owned by another Testator A bequeaths to B a real

estate property he does not own; in
this case the estate should acquire it
otherwise give the devisee the
monetary equivalent.

Thing already owned by the D/L or Testator A bequeaths to B a devise of

subsequently acquired by the D/L real estate property, which B later
acquires by onerous title; in this case,
devisee can demand reimbursement
from the heir of the estate.

Legacy to remove an encumbrance Testator A bequeaths a legacy of a

over a thing belonging to the testator car with an encumbrance to B; in this
case, the estate should remove the
encumbrance for a consideration.

Thing pledged or mortgaged Testator A bequeaths a devise of real

property he mortgaged to bank C; in
this case, the encumbrance must be
removed with the estate paying off the
debt.

Credit or remission Testator A bequeaths to B a legacy of

P1M owing to A from debtor C; in this
case, estate should assign to the
legatee all rights of action against the
debtor.

To a creditor Testator A bequeaths to B whom A

owes P1M to, a car worth P900k; in
this case, the excess debt worth
P100k may be demanded as an
obligation by the estate.

Alternative legacies A legacy from A to B of either P1M or

a car, with a provision that B himself
can choose and that choice is

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irrevocable.

Generic legacies Testator A bequeaths to B a legacy of

a car testator does not own at the time
of his death; in this case, the estate
shall acquire the car for B.

Legacy for education A legacy from A to B to pay his tuition

at LPU until he completes the entire
undergraduate course.

Legacy for support A legacy of support in the form of

monthly allowances from A to B, which
the testator limited until B turns 30.

Legacy of a personal pension A legacy of A’s personal pension

premiums from A to B, which B can
demand at the time of A’s death.