Civil Law Review

Thumbmark is valid
- Customary way ng pag sign

Pag tinamad si Testator, Cross nalang nilagay

- is not allowed because easy to falsified

Should the testator sign

- the testator must sign at the end of the will

the purpose of signing the will

- to authenticate that the will is true and valid

May the testator direct another to sign the will?

- No, another person cannot sign the will on behalf of the testator

Pwede ba irequest sa iba, na isulat lang ang name ni testator?

- Yes, it is allowed under 805 paragraph 1

the writing of the testator's name is in the presence of the testator

under his express direction

is it mandatory requirement na pirmahan ni testator sa harap ng mga witness

- Yes mandatory

if the first witness was talking

- using the peripheral vision

Ang bulag ba pwede maging witness?

- No.a blind witness cannot be credible witness

Not in the presence of the witness, the testator is signing the will ahead
- Not allowed, the will is considered void, because it is explicit requirement na
makita ng
mga witness ang pag sign ng will

The role of the witnesses

1. to attest to the signing of the will
2. is to subscribed before a notary public

Ang witness ba pwede mag sign ng thumbmark?

- pwede kung customary way

Second paragraph ng Art. 805

- hindi na kailangan pirmahan ang second page sa gilid.
- kundi sa mga printed names na nila

If one of the pages was not signed by the witness

- The S.C held it is valid as long as the other pages are signed and duly notarized
- as long as the other pages were signed

Attestation Clause
N - umber of pages
F - The fact that the testator signed the will and in every page thereof and the
witness
signed the will in every page thereof and in the presence of one another
I - instrumental Witnesses state the fact that they signed the will in every page
and in the presence of one another
Alipio Abada vs Alipio Abaja

Felix Azuela vs C.A Gr 122880

- pumirma sa gilid instead sa pangalan nila sa last.. fatally defective

is it required that the language in the attestation should be known to the testator
- hindi required malaman ni testator uyng language sa attestation clause

Whether or not the testator signed the attestation clause?

- it is not required to sign the attestation clause

Attestation clause be dated?

- No.

Is it necessary that the attestatio clause must be notarized?

- Yes

Article 806

pwede ba maging testigo yung notary public?

-No, the witness cannot be the same time as notary public - VOID

is there an instance that the notary public be a witness

- if there are more than 3 witnesses

The will was signed December 9, pero inacknowledge Dec 7.

- Void! The acknowledgement must be done after the making of the will

yung will was prepared and signed Jan-9, notarized Jan. 10

as far as the first witness is concerned
Jan 11 - Second Witness
Jan 12 - namatay si testator
- the will is void because the will is considered unacknowledged
because the third witness died

NOTARIAL WILL
S - igned by the testator, or written by his agent in his presence under his
express direction and in the presence of the witnesses
A - attested and subscribed by at least 3 credible witness in the presence of the
testator and one another
T - the testator or his agent must signed every page except the last on the left
margin on the presence of the witnesses
W - witnesses must signed every apge except the last and in the presence of one
another
P - All pages must be numbered in letters
A - Attestation clause
N - The will must be notarized

Article 808
- Yung testor is blind
The requirements in order the will to be valid
1. the will must be read Twice
 1. Subscribing witness
2. Notary Public
What if the will is read once
- the will is void
is the reading of the will is mandatory - TWICE
- yes, mandatory

Article 810
Holographic Will
Entirely Written, Dated and Signed by the Testator

What if the Date was not written on Top nor Bottom of the Holographic Will
pero nakalgay sa Body, narrated sa part ng will
- the will is valid

Pag mali yung date

- if it is deliberately done, the will considered void
- if it is not deliberate, plain inadvertence, therefore yung date na nakalagy
shall be
considered the true date

Deaf Mute pwede ba gumawa ng holographic will?

- Pwede
Bulag pwede ba gumawa ng holographic will
- Yes,

can the illiterate person make a will?

-

Article 881 - Probate of a Will

- Yes, mandatory

kung ang holographic will is nawawala, pwede ba i-prove ng mga 3 witnesses.

- No, hindi ppwede i-prove, because the holographic is the subject matter of the
inquiry

Effective May 1, 2020

- wala nang best evidence Rule, original document rule nalang

Kamag anak nag o-oppose ng holographic will

- how do you resolve holographic will
- present the 3 witnesses, to identify the signature of the testator
Uncontested
- present only 1 witnesses, to identify the signature of the testator

what if the oppositor of the holographic will, i-admit yung authenticity ng

holographic
will, the oppositor presented only 1 witness to testify for fraudulent and undue
influence,
yung oppositor nag rest na ng case
Petitioner filed motion to dismiss, kasi failure to state the cause of action
- the Supreme Court has held that this is uncontested holographic will
\
4aBurden of Proof vs Burden of Evidence

Burden of Proof
- does not shift, si Oppositor and Petitioner
Burden of Evidence
- shifts to another party to present evidence

Artilce 812
- could he add sa holographic will
- kailangan written, dated and signed
kung writted lang, pero walang date
- void
Kung dated lang tapos walang sign
- void, because the additional testimonial will be considered separate holographic
will

Article 813

Not dated, but was signed

- the last disposition must be signed and date
- the prior disposition signed but not dated, are now cured and validated

Article 815 / 816 / 817

1. Filipino gumawa ng Will sa Philippines and Abroad
2. Alien gumawa ng Will sa Philippine and Abroad

The law of the Testator

1. The citizenship of the Filipino
2. Domicile
3. Place of Execution
4. Place of Residence
5. Philippine Law

Article 818
- Joint will is not allowed in our jurisdiction
because of undue influence
2 wills in one instrument bawal

Scenario
1)
One Sheet
sa harap - One will
sa likod - One will
- it is valid

2) half page - will one

half page - will two
- The will is valid

3) One Sheet
Will One and Will 2 signed by the husband and wife jointly
- void

4) One Sheet
Will 1 and Will 2 signed by the husband and wife in germany, in the latter joint
will is valid
is joint will valid?
- No, Void, joint wills are prohibited in the Philippines
Qualifications of Competent Witness
SANA-DoN
S- Sound Mind
A- Legal Age 18 above
N- He must not blind, deaf or mute or dumb
- lacks intelligence
A- Able to read and write
Do- Domicile in the Philippine
N- Not convicted of crimes of falisfication, perjury or false testimony

Article 822
Speaks of Conviction
Attesting Witness
1 week before he attested to the will After a week he was convicted of a crime of
perjury
- Yes, competent witness sya because

kung may conviction na, hindi na pwede maging competent witness

Article 823
Si attesting witness ba pwede ba mag inherit?
- hindi pwede, attesting witness is diqualified
- exertion of undue influence
- 3 witness, binigyan yung isa
- void
- Legatee, pwede ba maging attesting witness
yes, the legatee is still qualified, hindi sya pwede mag inherit, pero pwede sya
maging legatee

- attesting witness is a compulsory heir? disqualified ba o hindi

- No, the compulsory heir has the right to inherit, pero sa FDP, hindi ppwede

Article 826 - Codicil

- kailangan ba mag conform yung codicilsa Art. 805
- Yes
An invalid will cannot revoke a valid will

Article 827 - incorporation by reference

How do you incorporate the document
- The purpose is to clarify the will itself

Article 828
para maging valid ang incorporation by reference
P- pre-exist the will
R- the will must refer to the document
I- Identify during the probate
S- signed by the testator and witness in each and every page thereof, excep
voluminous docs

Yung will ba ni testator, pwede ba sabihin na ang will is

- No, the will itself cannot be irrevocable, it can be revoke any time

Pwede ba i-revoke ang will outside the phil

- Yes
What law shall govern such revocation
- the testator is not domicile in the Phil
1. The law of the Place where the will was made
2. Where the testator resides at the time of revocation

Revocation done oustide the Phil, however the Testator Domiciled in the Phil
1. The Philipine law because he is domicile in the Phil.
2. The law of the place of the revocation

Article 830 - Physical destruction

Elements of Physical Destruction
1. Overt act which is subjective phase was completed
2. Animus Revocandi is present

Testator must be sound mind at the time of Revocation of the Will

- Yes kailangan sound mind at the time of revoking the will

At the time of revocation, she was insance

- There is no revocation, ineffective revocaation

Physical Destruction
1. Fire Place, only some part of the will was burdned
- Revoke, because of Animus Revocandi, kahit konting sunog lang
2. Nilagay ni Testator sa stove, pero kaibgan nya inalis, before masira ang will
- There was no revocation, there was no overt act

Article 831
Ang will ba pwede ma revoke implied?
- Yes
- implied revocation pwedeng total or partial revocation.

in our jurisdiction, hindi pwede implied revocation, it must be harmonize

Article 832
- Revocation of prior Will

i.e May dalawang Will

W1 at Ws
W2 nirevoke ang W1,
- is it affected by subsequent will? by reason of incapacity of the Heirs, Devisees
or legatee

Revocation of Prior Will affected by Subsequent Will

- Revocation of prior will is absolute
except
Doctrine of Dependent Relative Revocation
- dependent on the acceptance of the heir, legatee or devisee

Article 833
- Revocation by False cause or illegal Cause
Status of Revocation is Null and Void

A designated as Heir
later on yung mga chismosa, sinabing kay T na patay na si A
ngayon si T, designated B as new heir
it turned out buhay pa pala si A
- could A inherit from T?
- Yes. A could still inherit because revocation is based on false cause
-the revocation is Null and Void

Elements for Revocation to be Inoperative

1. Concrete and Factual one
2. the cause must be False
3. The Testator must not know its Falsity
4. Appears on the face of the will that is based on the False Cause

- Personal in nature ang pag Gawa ng will kahit whimsically or capricously

Article 834

- inadmit sa will na anak nya si A.

Yes. the recognition of the child will not lose its effect

Article 835 and Article 836

- Republication
Re-establishing of a will
1. the original will is copied and re-written
2. Execute codicil

Article 838
- probate of will
- Mandatory
When do you probabte of will
2 Ways
1. During the lifetime of the Testator - Ante Mortem
2. After Death of the testator - Post Mortem
- any interested party
eventhough the opposing party pwede ipa-probate ang will

Is probate of the will in personam

- it is rem, it requires publication
within 10 year prescriptive, you could still oppose or participate in the
proceeding

What aspect of the will is subject of the Probate?

- only the extrinsic aspect is subject of the probate
( 805)
Once the will is probated, by the probate court and the order already issued by the
probate court
- once the will is probated, the extrinsic of the will is conclusive as to its due
execution

G.R - only the extrinsic aspect

Except - the probate court may look into the intris
1. when the devise is bequeted by common law wife

Testator binigay sa common law wife

- the probate court must look into instrincisc aspect

is res judicata will apply once the will is probated

- Yes
Remedy
- ide-delay nalang sa execution

2.

Article 839
- Ang will ba pwede ma disallow?
Yes
FIFU-FM
F - Formalities of the law was not complied with
I - The testator is insance
F - Force or Violence
U - undue influence or improper influence
F - Fraud
M - Mistake

Article 840 - Institution of Heir

- Testamentary Succession lang ang institution of Heir
- Legal or Intestate Heir
- kasama ba ang legatee and devisee are included when we speak of institution of an
heir

yung conceived child ba pwede maging Heir?

- Yes. as long as the intrauterine life is at least 7 months from complete delivery
of
mothers womb
if the uterine life is less than 7 months pero nag survive ng 24 hours after
complete
delivery from mother's womb
- Yes, pwede

Article 844
Error in designation of name or circumstances
- the error is not important, as long as the intent is clear and positive
identification

Article 845
Could a testator designate unknown person
- no and it is void

pwede ba ilagay ng testator, papamanahan ko kung sino mamanalo sa nobel price

- yes, Pwede

Basta ang Designatio is known and identifiable

Aritcle 847
The testator institute individually and collectively
i.e
I designate as may heirs A&B and children of C. ( D, E, F)
Estate 100k
100 / 5 = 20k each

I designate A&B and children of C collectively as my heirrs

90k
90/3 = 30k each A, B, C pero kung may si C, si D,E,F = 10k each

Article 851 / 852 / 853

- the testator instute only 1 hear limited to aliquot part
i.e

1. si Testator walang will, dinesignate nya si B alone

when T, dies all assets will go to B belonging to T

2. si Testator may will, X designated alone

when T dies X will get all the properties of T
B - brother, will get 0

3. si Testator, may will, X will get 3/4 of the property

when T dies, X will get 3/4 of 1M = 750
B gets 1/4 = 250k

4. si Testator, may will, dinesignate nya si X, Y Z

X = 1/5
Y = 2/5
Z = 1/5
Property is 1M
X = 200,000
Y = 400,000
Z = 200,000
ang makukuha ng brother is yung difference ng 1M = 200k
legal succession - intestate succession

Article 852
- Several Heirs shall be getting the whole estate and free portion
-the portion indicates also the portion that
- legal succession does not apply here

i.e
Testator designated, may will ito
X = 200k
Y = 400k
Z = 200k
B is not designated as an heir
The estate is 1M
since it is silent on the will itself, the excess will be divided kay X, Y, Z
X = 2/8 x 200 = 50
Y = 4/8 x 200 = 100
Z = 2/8 x 200 = 50

Article 853
Sobra ang binigay ni testator, pero kulang ang property
- Rule
Kailangan Bawasan
Estate = 1.2M
Testator designated Ito na yung share nila
X = 1/3 x 1.2 = 400 x 4/16 = 100k = 300k
Y = 2/3 x 1.2 = 800 x 8/16 = 200k = 600k
Z = 1/3 x 1.2 = 400k x 4/16 = 100k = 300k
Total = 1.6M Total = 400k
Rule
Decrease the share proportionately
Article 854
Preterition

Testator may compulsory Heirs

A = 1/2
B = 1/2
C = omitted

kung walang binigay kay C, like donation = there is preterition

- the institution
There must total omission from the inheritance not from the will

Who are Omitted Preterition Reason

1. Compulsory Heirs Yes Direct Line
2. Illegitimate Child Yes illegitimate Child is
Compulsory heir

Should the preterited person survived before the testator

- Yes.

If the omitted person qs the testator

- if he `s the testator, there will be no preterition

Effect of Preterition
- will annul the institution of Heir, Total Intestacy will follow
Exception
- as far as the legacy or devise will proceed as long as not inofficious

Will the probate court look into instrinsic Aspect

- Only the Extrinsic Aspect lang
Exception
1. In case of Preterition - the court may look into intrinsic aspect
Exception to the Exception
1. legacy or devise - as long as not inofficious

Article 855 - Completion of Legitime

Article 856
P - Predecease
I - Incapacity
R - Repudiation

4Heirs Predeceased
Incapacity Renunciation
- compulsory Heirs No Transmission of Successional Rights | May Right of
Representation NT : ROR NT: NO ROR
- Voluntary Heirs No Transmission of Successional Rights | No Right of
Representation NT : NO ROR NT: NO ROR
- Intestate Heirs No Transmission of Successional Rights | May Right of
Representation NT : ROR NT: NO ROR

Incapacity
- unworthiness
Article 857
Substitutio of Heirs
1. Simple Substitution
2. Compendious
3. Reciprocal
4. Fideo-Commissary

** Simple Substitution
T - A - B

in case A ayaw magmana, Si B magmamana

kailan magmamana si B,
1) when A predeceases T, therefore B will inherit
2) When A is unworthinss
3) When A

** Compendious

T - A (universal heir) - B (substitute)

If T dies
- if it is simple substitution, it is either A or B will inherit

- if it is brief or compendious it is either A or B will inherit

** Reciprocal

T - A&B

** Fidei-commissary substitution

T - A (1st heir) - B (2nd heir)

kailan nag exist ang fideicommissary

the testator shall tell to A to preserve the property and give it to B

A - Fiduciary
B - Fideicomissary

When A & B will inherit

1) T - A&B will inherit 2 or 3 years, after the lapse of this time B will inherit
if no time is indicated - this first and second heir will inherit upon death
of the testator

T - A(all property)

Ilang degree between A and B?

- within 1 degree
T - A - B

kailangan ba buhay si A and B at the time of inheritance

- Yes, kailangan buhay sila, dapat hindi nila ma predecease si testator

T -> A - B - C
is there a Fideicommissary substitution
- as long as C is one degree from C.
if C is the grandson of A.
- there is no Fideicommissary Substitution

What if the 2nd or 1st heir predecease the Testator

Scenario
1)
=g

The testator simply appoints A and designate B the second heir

if the not state, T will just state that A will preserve and deliver to B.

Article 871
Condition
Modal or
With A Term

Kung Condition

T -> devisee -B
but based on condition, you need to earn the JD
if B did not earn jurisdiction, hindi nya makukuha ang Land.

Article 872
- The testator cannot impair the legitime
- Does the test

can the testator impose condition on the legitime on the compulsory heir
- No. becase the testator has only power to the FDP, hindi pwede galawin yung
Legitime Portion

Article 873
- impossible or illegal condition
- effect: it will not affect the institution of Heirs, it will treated the
condition as if not written
the obligation and condition shall be considered VOID, because of lack of
seriousness of A

Article 874
- Prohibition not to Marry
Kinds of marriages
1. First Timer
Si Testator sabi nya sa kanyang anak, ibibigay ang House and Lot, based on 1
condition to remain single in entire life
Effect: The condition shall be considered not imposed
2. Second Marriage
yung 1st marriage is terminated
T -> you are my friend, I am designating you as a Devisee, my land, the
condition not to remarry
Effect: G.R : Is considered not imposed
Exception: If this condition is imposed by the Spouse or the
condition imposed by Ascendant of the Spouse, or Descendant of the Spouse
Effect: The condition is valid

Article 875
- T -> designating as Devisee si F, on the condition that F will make T as
beneficiary
Effect: Void

Article 876 to 883

T -> land to D, provided that X marries Y

1) When T dies, when will D get the property?

- When X marries Y
2) namatay D Dies, but X have not married Y, after the death of D, saka pinakasalan
ni X si y.
- could the heirs of D acquire the land by ROR?
- No. Because there was no transmission of successional rights to the heirs
of D, because the condition was not fulfilled

Article 882 / 883

CAUCION MUCIANA
- this article mentoned about the security for compliance with the wishes of the
Testator
- is for the returned whatever he receives for non compliance of the wishes of the
Testator

T -> suspensive condition - Legatee / Devise

pending the fulfillment of the condition the property belongs to the legal heirs
(Legatee/Devisee) but subject
to administrator

Administrator -> impose ng security i.e bonds

( CAUCION MUCIANA)

Article 886
- Legitime is part of the testator's property which cannot dispse because the law
reserves to certain heirs called compulsory heirs

is there is an obligation by compulsory heirs to accept the legitime

- NO, the compulsory heirs has no obligation to recei
Prohibited : Gratutitous Disposition
1) W - T - donated land - X
|
S1(CH)
- is the donation of land to X is valid
Void, because it will impair the legitime of S1 and the legitime of W

2) W - T - Sold land to - X
|
S1(CH)
is the sale of the land to X valid?
Yes, because it is onerous

Article 887
- About Compulsory Heirs
1) Legitimate children and descendant
2) Legitimate Parents and Ascendants
3) Surviving Spouse
4) Illegitimaet Children
Legitimate Parents Ascendats will only inherit pag walang legitimate Children and
Descendant

Primary Heirs
1) Legitimate children
in absence of LC -> Legitimate Descendant

Secondary Heir
1) Legitimate Parents
in absence of LP -> Legitimate Ascendants

Concurring
- refers to surviving spouse, illegitimate children
they will inherit
do concurring heirs exclude the primary and secondary
- No.
Except
When illegitimate parents exclude the illegitimate parents
T
|
Article 888 to 903

1. Legitime of LC