SUCCESSION

I. ARTICLES 774-787

Article 774: Succession is a mode of acquisition by virtue of which the property rights and
obligations to the extent of the value of the inheritance of a person are transmitted through his
death to another or others, either by his will or by operation of law.

In succession, we have the following elements:

a) Dissident
b) Successors - these are the heirs, or those who are called to the whole or to an alike
portion of the inheritance, either by will or by operation of law and the devices or
legacies or the persons to whom gifts of real or personal property are respectively given
by virtue of a will
c) Death of the person

However, a person may be presumed dead for the purpose of opening his succession. In this
case, succession is only of a provisional character, because there's always the chance that the
absentee may be alive. Article 390 of the Civil Court provides an absence of seven years, it
being unknown whether the absentee still lives. He shall be presumed dead for all purposes
except for those of succession. The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years.

If he disappeared after the age of 75 years, an absence of five years shall be sufficient in order
that his succession may be open.

d) Inheritance - is the subject matter of succession, and it includes property and

transmissible rights and obligations existing at the time of his death and those which
have accrued thereto since the opening of succession.

Succession should be differentiated from inheritance.

Succession refers to the legal mode by which inheritance is transmitted to the person entitled to
it, while inheritance refers to the universality or entirety of the property, rights and obligations of
a person who died.

There are three kinds of succession:

 Testamentary succession
 Legal or interstate succession
  Mixed succession

Testamentary succession is that which results from the designation of an heir made in a will
executed in a form prescribed by law.

Legal or interstate succession is that which takes place by operation of law in the absence of
a valid will

Mixed succession is that which is affected partly by will and partly by operation of law.

There are three kinds of heirs

 compulsory heirs
 voluntary or testamentary heirs
 legal or interstate heirs

Compulsory heirs are those who succeed by force of law to some portion of the inheritance in
an amount predetermined by law of which they cannot be deprived by the testator except by a
valid disinheritance.

Voluntary or testamentary heirs are those who are instituted by the testator in his will to
succeed to the portion of the inheritance of which the testator can freely dispose of.

Legal or interstate heirs, those who succeed to the estate of the dissident who dies without a
valid will, or to the portion of such estate not disposed of by will.

Article 775 states in this title dissident is the general term applied to the person whose
property is transmitted through succession. Whether or not he left a will. If he left a will, he is
called the testator.

Article 766 states the inheritance includes all the property rights and obligations of a person
which are not extinguished by his death. Article Seven the rights to the succession are
transmitted from the moment of the death of the dissident. Succession opens from the moment
of the death of the dissident.

Succession may be testamentary, legal or interstate or mixed.

And under Article 779 it states testamentary succession is that which results from the
designation of an heir made in a will, executed in the form prescribed by law make succession is
that affected partly by will and partly by operation of law.

Article 780 - Article 781 the inheritance of a person includes not only the property and the
transmissible rights and obligations existing at the time of his death, but also those which have
accrued thereto since the opening of succession.

Article 782 an heir is a person called to the succession either by the provision of a will or by
operation of law. Devicees and legatees are persons to whom gifts of real and personal
property are respectively given by virtue of a will.

Article 783 a will is an act whereby a person is permitted, with the formalities prescribed by law,
to control to a certain degree the disposition of his estate to take effect after his death. The
execution of a will must be in writing. Every will must be in writing.

The right to make a will is purely statutory. This is stated in Article 783 when it provides that a
person is only permitted with the formalities prescribed by law, to dispose of his estate effective
upon his death through a will, the formalities required by law must be complied with. It is that the
formalities provided for under Articles 804 to Civil Code.

The execution of a will is to control to a certain degree the disposition of his estate. The power
of a statue to dispose of his estate is subject to the limitations provided under the rules on
legitimacy.

The disposition of his estate takes effect after his death. Such disposition can be done either
directly by the institution of heirs or designation of devicees or legatees, and the property or
share they are to receive, or indirectly by validly disinheriting those who would otherwise inherit
by operation of law.

The disposition of his estate will take effect after his death. A will is a disposition mortis causa,
or it takes effect only upon the death of the testator.

Characteristics of a will

Article 784 the making of a will is strictly personal act. It cannot be left in whole or in part to the
discretion of a third person or accomplished through the instrumentality of an agent or an
attorney.
  This refers to one of the characteristics of a will it is purely personal.
 The other characteristics of a will are it is a free act without violence, fraud or deceit. It is
essentially revocable.

Revocability springs from the fact that the will does not take effect except upon the death of the
testator. Up to that moment of such death, the mind of the testator may still change. He may
therefore revoke what he has already expressed as his will and substitute his new wishes or
desires, inasmuch as that which has been previously expressed has not yet taken effect.

 Another characteristic of a will is that it is formally executed.

The testator must have testamentary capacity. The making of a will is a unilateral act heirs
cannot accept while the testator is still alive. It is an act more disclosure or want to take effect
upon the death of the testator and it is purely statutory.

The making of a will is purely a personal act as a consequence of which the law provides now
that the making of a will cannot be left in whole or in part to the discretion of a third person. That
the making of the will cannot be accomplished through the instrumentality of an agent or
attorney.

The testator cannot make a testamentary disposition in such a manner that another person has
to determine whether or not it is to be operative article 787 of the new Civil Code

The essence of the making of a will after provided under article 785 is that the duration or
efficacy of the designation of heirs devices or legatees or the determination of the portions
which they are to take when referred to by name cannot be left to the discretion of a third
person.

It has been held that it is the making of the disposition or the exercise of the disposing power
that is not subject to delegation that the testator cannot substitute the mind or will of another for
its own; hence, the mere mechanical act of drafting the will may be done by a third person
because this does not fall within the prohibition.

Under article 785 these matters are testamentary in nature they constitute expressions of the
will or disposition of the testator hence pursuant to article 784 they cannot be delegated to a
third person.
The following may not be delegated:
 The designation of heir, devicees or legatees
 the duration or efficacy of such designation including such things as conditions terms or
substitutions
 the determination of portions they are to receive when referred to by name

Exceptions for this non-delegability rule

The testator may validly delegate to a third person the following:

 The manner of distribution of specific property or sums of money that it is stated may
lead in general to specified classes or causes.
Article 786 of the new Civil Code, provided that the testator has already determined the
property or amount of money to be given.
 The designation of the person institutions or establishment to which such property or
sums are to be given or applied provided that the testator has already determined the
class of course to be benefited.

Article 786 that testator may entrust to a third person the distribution of specific property or
sums of money that he may lead in general to specified classes of causes and also the
designation of the persons and institutions or establishments to which such property or sums
are to be given or applied.

Article 787 provides that testator may not make a testamentary disposition in such manner that
another person has to determine whether or not it is to be operative.

Article 785 and 787 prevent the delegation of the exercise of testamentary discretion as to
whom and how much is to be given.

In the cases provided under article 786 there is no delegation of the will or testamentary
disposition but the testator has already expressed his will by leaving specific property or sums of
money in general to specify classes or causes. The third person entrusted to make the
distribution to the extent of choosing the person institutions or establishments to which the
property or money will be given or applied does not make any disposition. It simply carries out
details in the execution of the testamentary disposition made by the testator themselves in his
will. Such delegation is allowed because the testamentary discretion has already been
exercised and what is merely delegated is the implementation of such discretion this is
considered ministerial in nature.
When the class institution is too broad the law already provides the limits. For instance, if the
beneficiaries of the estates are the poor the law will interpret such provisions as the poor living
in the locality where the testator lives. If the provision states to charity the law will divide the
amount in half and give half to the local government for public schooling and charitable work
and the other half will go to the conference of the testator’s search to be used for whatever the
church wants.

Under article 787 to delegate a third person the power to determine whether a testamentary
disposition is to be operative is in effect delegating the power to make the testamentary
disposition, and this is not permitted pursuant to the general rule laid down in article 784.

In such cases, not only the delegation is void the testamentary disposition whose effectivity will
depend upon the determination of the third person as the one which cannot be made the
disposition itself is considered as void.

II. ARTICLES 788-795

The following provisions on succession refer to the interpretation of wills:

Article 788 If a testamentary disposition admits of different interpretations.

In case of doubt, that interpretation by which the disposition is to be operative shall be preferred.

Article 789 when there is an imperfect description, or when no person or property exactly
answers the description, mistakes and omissions must be corrected. If the error appears from
the context of the will or from extrinsic evidence excluding the oral declarations of the testator as
to his intention and when uncertainty arises upon the face of the will, as to the application of any
of its provisions.

The testator’s intention is to be ascertained from the words of the will taking into consideration
the circumstances under which it was made, excluding such oral declarations.

Article 790 the words of a will are to be taken in their ordinary and grammatical sense unless a
clear intention to use them in another sense can be gathered, and that other can be a so.

Technical words in the will are to be taken in their technical sense, unless the context clearly
indicates a contrary intention, or unless it satisfactorily appears that he was unacquainted with
such technical sense.
Article 791.The words of a will start to receive an interpretation which will give to every
expression some effect, rather than one which will render any of the expressions inoperative
and of two modes of interpreting a will that is to be preferred, which will prevent intestacy.

Article 792 the invalidity of one of several dispositions contained in the will does not result in
the invalidity of the other dispositions unless it is to be presumed that that the testator would not
have made such other dispositions if the first invalid disposition had not been made.

Article 793 property acquired after the making of a will shall only pass there by as if the testator
had possessed it at the time of the making of the will should it expressly appear by the will that
such was his intention.

Article 794 every device or legacy shall cover all the interests which the testator could devise,
or bequeath in the property disposed of, unless it clearly appears from the will that he intended
to convey a lesser interest.

Under the rules for the interpretation of wills, all rules of construction are designed to a certain
and to give effect to that intention of the testator. Testate succession has always been preferred
over intestacy.

Doubts should be resolved in favor of testacy, and that intestacy should be avoided, and the
wishes of the testator should prevail.

Substance rather than form must be regarded, and the instrument should receive the most
favorable construction to accomplish the purpose intended by the testator. The intention of the
testator is always the controlling factor.

It has been held that the object of construction of the will is to sustain it legally possible. When
the language of the testamentary disposition, however, is plain and unambiguous, courts are not
permitted to rest it from its natural meaning in order to save it from nullity.

Under Article 789, it refers to ambiguities in the will. The ambiguities in the will can be:
 patent or extrinsic ambiguity
 latent or intrinsic ambiguity
Ambiguities, whether latent or patent, shall be resolved as follows:

 by determining the intention of the testator

 by examining the words of the will and or resorting to parole or extrinsic evidence

Latent or intrinsic ambiguity

 It is the kind of ambiguity which cannot be seen from a mere perusal of the will, but
which appears only upon consideration of extrinsic circumstances.
 It is an ambiguity, not apparent on the face of the will. It may exist when there is an
imperfect description, or when no person or property exactly answers the description.

Example of a latent or intrinsic ambiguity, one that does not appear on the face of the will and is
discovered only by extrinsic evidence:

For instance, that the state or states in his will that he institutes his sister. But it turns out that
the testator has two sisters or let us say he provides that he gives his house to a friend. But the
testator has two houses.

Patent or extrinsic ambiguity

Ambiguity appears upon the face of the instrument when the testator gives a device or legacy,
for instance, to some of the six children of my brother Juan.

Latent or intrinsic is one, which cannot be seen from a mere perusal or reading of the will, but
which appears only after considering extrinsic circumstances.

The latent or intrinsic ambiguity may arise either when the will names a person as the
beneficiary of a gift or a thing as the subject matter of such gifts, and there are two or more
persons that answer to such name or two or more things that meet such description.

Extrinsic evidence is admissible to show the situation of the testator and all the relevant facts
and circumstances surrounding him at the time of the making of the will, for the purpose of
explaining or resolving a patent ambiguity.

This includes evidence on the state of his property, the condition of his family, and other matters
which may introduce and enable the court to construe the intent of the testator. The extrinsic
evidence to explain ambiguities in a will cannot include, however, oral declarations of the
testator.

The reason behind this is that admission of oral declarations of the testator, whose lips had
been sealed by death, and therefore can no longer deny or affirm.

The truth of what witnesses may say, he declared, would create confusion and give rise to false
claims. Such oral declarations are inadmissible whether made before or after the execution of
the will.

In resolving these ambiguities, if it is a latent or intrinsic ambiguity, it can be resolved from the
context of the will or extrinsic evidence, excluding the oral declaration of the testator if it is a
patent or extrinsic ambiguity.

 The words of the will should be considered or the circumstances under which the will was made,
but not the oral declarations of the testator.

Article 790 Here provides that the words of a will are to be taken in their ordinary and
grammatical sense, unless a clear intention to use them in another sense can be gathered, and
that can be ascertained.

The supreme law in succession is the intent of the testator. All rules of construction aren't
designed to a certain and give effect to that intention of the testator. It is only when the intention
of the testator is contrary to law. More also public policy that it cannot be given effect.

To give it back to the intention of the testator words and provisions in the will must be plainly
construed in order to avoid a violation of the Testators intention and real purpose.

In case there are technical words, the technical sense of words, if it is drafted by a skilled
draughtsman, such as a lawyer, it should be construed with some strictness. Emphasis being
placed upon their accepted technical meaning, where the will is prepared by persons who have
no knowledge of the law. They are to be interpreted liberally with reference to their popular
meaning or the meaning they would commonly have their person in the situation of the one who
use them.

 It was held that in case of holographic wills being usually prepared by one who is not learned in
the law should be construed more liberally than once drawn by an expert, and the words and
phrases employed in such instruments should be interpreted according to their ordinary
acceptation. Even though they may have a different technical legal meaning, where the
 circumstances surrounding the execution of the will indicate that that the state or so intended
effect should, if possible, be given to all words, clauses and provisions of the will If they are not
inconsistent with each other or with the general intent of the whole will taken in its entirety.

Where two constructions are possible, the one disregarding a word or clause of the will and the
other giving effect to the will as a whole, it is the latter interpretation that must be followed.

No part of the will should be discarded unless in conflict with some other part, in which case that
part will be enforced which expresses the intention of the testator. This is to prevent intestacy.

Where the will has been executed the reasonable and natural presumption is that the testator
intends to dispose of all his property. The presumption against intestacy is so strong that courts
will adopt any reasonable construction of a will in order to avoid it.

With respect to Article 793, property acquired after the making of a will shall only pass thereby
as if the testator had possessed it at the time of the making of the will. Should it expressly
appear by the will that such was his intention. This refers to after acquired property acquired
during the period between the execution of the will and the death of the testator is not included
among the property disposal except when a contrary intention expressly appears on the will.

Article 794. Every device or legacy shall convey all the interests which the testator could devise
or bequeath in the proper disk property disposed of, unless it clearly appears from the will that
he intended to convey a lesser interest.

When the testator does not state the extent of the interest that he gives to the legatee or the
devicee in the property transmitted, it is understood that his whole interest passes, but it is but a
testator under the present article may manifest his intention to convey a less interest and under
Article 929, he may expressly convey a larger interest. In such cases, it is the intention of the
testator that will be followed.

Article 795 refers to the law on formal validity of the will, the validity of a will as to its form
depends upon the observance of the law in force at the time it is made.

The law governing the execution and effect of will may be amended by the legislature
subsequent to the death of the testator. This does not affect the operation of the will.
Property passes on the death of the testator either to his heirs or next of kin by Interstate
succession or to the devices and legatees. In case of a will. As vested, property rights are not
permitted to be taken away without compensation and due process.
On the other hand, if the will was valid or any gift in in the will took effect on the death of the
testator. The rights of the devicee or legatee cannot be divested by any law passed afterwards.
Changing the requirements for wills, or for the validity of any gifts by them.

The general rule is that the validity of the execution of a will is controlled by the statute in force
at the time of the execution and a statute enacted subsequent to the execution and prior to the
death of the testator. Changing the rules respecting the form of the instrument, the capacity of
the testator. And the like has no retroactive effect.

With respect to the intrinsic validity, such issues concerning legitime, capacity of the heirs, those
involving disqualification of certain errors, preparation, collision representation and valid
substitutions, this will be governed by article 16, paragraph 2 of the new Civil Code, which
provides that Interstate and testamentary successions both with respect to the order of
succession and to the amount of successional rights, and to the intrinsic validity of the
testamentary provisions, shall be regulated by the national law of the person whose succession
is under consideration, whatever, maybe the nature of the property, and regardless of the
country, where instead property may be found.

The place of execution here has no effect whatever upon the validity of the provisions of the will.
It is the law at the time when the succession opens, which must determine the intrinsic validity
of the provisions of the will, because it is at this time that their rights are transmitted to the air
devices or legatee.

In one case, the Supreme Court held the intrinsic validity of a will is determined by the national
law of the dissident, regardless of the place where the will was executed or the residence of the
testator. Therefore, a provision in the testator’s will, which mandates the application of the loss
of another country instead of his national law is illegal and it is without effect.

Article 795 refers again to the formalities of a will. And the validity of a will as this form depends
upon the observance of the law in force at the time that the will is made.
III. ARTICLES 796-809

Article 796 All persons who are not expressly prohibited by law may make a will.

The determination of testamentary capacity has three components:

 Age
 Soundness of mind
 Express statutory prohibition.

The law presumes capacity to make a will. In order that person may be disqualified to make a
will, he must be expressly prohibited by law.

A person under civil interdiction can make a will. He is disqualified for dispositions of property
only by an act inter vivos, but not by an act mortis causa.

Article 797. Persons of either sex under 18 years of age cannot make a will.

 Note here that sex or gender is immaterial in determining capacity to make a will. For as
long as one is 18 years and above, he or she can make a will.

Article 798. In order to make a will, it is essential that the testator be of sound mind at the time
of its execution.

Article 799 states to be of sound mind, it is not necessary that the testator be in full possession
of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired or UN, shuttered
by disease, injury or other costs, it shall be sufficient if the testator was able at the time of
making the will to know the nature of the estate to be disposed of the proper objects of his
bounty and the character of the testamentary act.

Soundness of mind is determined at the time of the execution of the will. This means that the
testator is able to execute his or her will with an understanding of the nature of the act , such as
the recollection of the property he means to dispose of the persons who are or who might
reasonably be the objects of his bounty and the manner in which it is to be distributed among
them. It is sufficient if he or she understands what it is about, even if he or she has less mental
capacity than would be required to make a contract.

 Soundness of mind for purposes of determining testamentary capacity, does not mean
complete possession of mental and physical faculties.
The testator must have mental capacity to understand the nature and effect of his act. He must
know that the instrument is an act mortis causa, which will dispose of his property upon his
death. That the preparation and the execution of the will involves dispositions affecting his
properties to take effect upon his death.

The testator must have sufficient recollection of his properties. He must be able to remember
the natural objects of his bounty, and he must have sufficient mental ability to make a
disposition of his property among the objects of his bounty according to some plan which he has
formed in his mind.

There is no presumption of incapacity by reason only of advanced age.

One who is deaf or dumb and blind are not prohibitions in making a will. There is no
presumption of incapacity from making a will by reason of blindness alone.

The determination of soundness of mind of the testator must be determined as of the execution
of the will if he was not of sound mind at the time, the will is invalid regardless of his state of
mind before or after such execution. If he was of sound mind when the will was made, it will be
upheld even if he should later become insane and die in that condition.

Article 800. The law presumes that every person is of sound mind in the absence of proof to
the contrary.

The burden of proof that the testator was not of sound mind at the time of the maid of making
his dispositions is on the person who opposes the probate of the will.

 But if the testator one month or less before making his will was publicly known to be
insane, the person who maintains the validity of the will must prove that the testator
made it during a lucid interval. There must be conclusive proof of the mental incapacity
at the time that the state are executed his will.

Before the will may be set aside on the ground of the mental incapacity of the testator, it was
held that the testimony of subscribing witnesses to a will, concerning that the status mental
condition is entitled to great weight when they are truthful and intelligent the evidence of those
present at the execution of the will and of the attending physician is also to be relied upon
Article 801.

Supervening incapacity does not invalidate an effective will nor is the will of an incapable,
validated by the supervening of capacity.
  Again, the capacity of the person who lives a will is to be determined as of the time of
the execution of such will.

Article 802. A married woman may make a will without the consent of her husband and without
the authority of the court.

Article 803 States a married woman may dispose by will of all her separate property as well as
her share of the conjugal partnership or absolute Community property.

Article 804 Every will must be in writing and executed in a language or dialect known to the
testator.

This is with respect to the forms of will.

The legislature has the power to prescribe the formalities to be observed in the execution of a
will. The failure to comply with and satisfy the statutory requirements as to the execution of a
will, the document will be denied probate.

 The rule is that the intention of the testator must govern, but this applies to the
interpretation of wills. It does not apply to the execution of the will.

The liberalization of the manner of the execution of a will, the purpose is, to give the testator
more freedom in expressing his last wishes. But as the sufficient safeguards and restrictions to
prevent the Commission of fraud and the exercise undue an improper pressure and influence
upon the testator assured by the formalities in the execution of a will.

What are the kinds of will that are allowed under the new Civil Code?

 Ordinary or attested will

 The holographic or handwritten will

A nuncupative will is an oral will made by the testator in contemplation of death. The new Civil
Code does not recognize nuncupative wills.

Article 804. Provides that every will must be in writing and executed in a language or dialect
known to this to the testator.
The common requirements for both attested and holographic wills, are the following:

1. It must be in writing.
A holographic will must be written by the hand of the testator himself or herself.

In attested wills it is immaterial who performs the mechanical app of writing the will, so long as
the testator signs it or has somebody signed his name in his presence. It must be in a language
known to the testator.

2. The language or dialect used in the will must be known to the testator.

It was held that when a will is executed in a certain province or locality in the dialect currently
used in such province or locality, there arises the presumption that the testator knew dialect so
used in the absence of evidence to the contrary.

 In one case, the Supreme Court held the probate court denied the probate of the will,
since it was in English where the testator was an Igorot and the will was executed in
Baguio City where the testator lived and died. There was no evidence that English is the
language in the city of Baguio, and there is no positive proof that the testator knew only
the Igorot dialect and did not know English.

There is no statutory requirement that the will should express that the testator knows the
language or dialect use. That fact may be established by extrinsic evidence or proof aliunde.

 Such as in one case, the Supreme Court held the failure of the petitioners witness to
testify that the testator knew the language in which the will was written. This not of itself
sufficed to give the conclusion that this important requirement has not been complied.

With when there is enough evidence on record which supplies the technical omission, example
where the will is in Spanish, the fact that the Testatrix was a mestiza Espanol, married to a
Spaniard made several letters in her own handwritten handwriting written in Spanish. All of this
gave rise to the presumption that she knows Spanish, which presumption would stand, unless
the contrary is proved.

Article 805. Every will other than a holographic will must be subscribed at the end thereof by
the testator himself or by the testator's name written by some other person in his presence, and
by his express direction and attested and subscribe by three or more credible witnesses in the
presence of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses of
the will shall also sign as aforesaid, each and every page thereof except the last on the left
margin and all the pages shall be numbered correlatively in letters placed on the upper part of
each page.

The attestation shall state the number of pages used upon which the will is written and the fact
that the testator signed the will and every page there off or cause some other person to write his
name under his express direction in the presence of the instrumental witnesses, and that the
latter witnessed and signed the will and all the pages there off in the presence of the testator
and of one another.

If the attestation clause is in a language not known to the witnesses, it shall be interpreted to
them.

The object of the solemnity surrounding the execution of a will is to close the door against bad
faith and fraud to avoid substitution of wills and testaments, and to guarantee their truth and
authenticity.

The requisites of ordinary wills.

The common requisites is that provided under Article 804, which is it must be in writing,
executed in a language or dialect known to the testator.

a) The witnesses do not have to know the dialect or language of the will, but the attestation
clause, not the will must be interpreted to them if it is in a language not known to the
witnesses.
b) The body of the will must be in a language known to the testator.
The attestation clause need not be in a language known to the testator with respect to the
witnesses. They need not know the language in which the attestation clause is written. It is only
required to know the contents thereof, meaning that if that the station clause is in a language
not known to the witnesses, it shall be interpreted to them.

c) The will must be signed at the end, there off by the testator himself or by the testator
name written by another person in his presence, and by his express direction. The
signature need not be the complete signature. It is not essential to the validity of the will.
For greater authenticity that the status customary signature is enough, since the law does not
require his full signature, the initials or even a thumb marked by the testator may be deemed
sufficient to comply with the requirement provided it is his customary signature.
  In the case of Lopez versus Liboro, the Supreme Court stated that the state here that the
testator affixed his thumb mark at the end of the will since he was suffering from partial
paralysis. The Supreme Court held and considered the thumb mark as worthy as a
signature under the circumstances of the case.

 In the case of Garcia versus Lacuesta, the Supreme Court ruled that since the cross
appearing in the will is not the customary signature of the testator, the cross cannot be
likened to a thumb mark. Any cross can be easily written by some other person.
Whereas a thumb may only be placed by the testator himself.

More importantly, in this case there was an inconsistency between the recital in the
attestation clause and the supposed actual signature at the end of the will. The purpose
of the signature is to authenticate the will.

d) The placement of the signatures - the signatures of both the testator and of the
witnesses as required. Under this provision of the new Civil Code must be found at the
logical end of the will.

The logical end of the will is, after all the significant property dispositions in the will. This is to
ensure that there will be no insertions of other property dispositions not belonging to the
testator. The signature at the end of the will signifies the completion of intent and confirmation to
all the dispositions found above it.
e) It is mandatory that the signing that there must be designing on every page in the
presence of the witness.

The test of presence is not whether they actually saw each other sign, but whether they might
have seen each other sign had they chosen to do so, considering their mental and physical
condition and position in relation to each other at the moment of the inscription of each
signature.

The place of the signature is merely directory. It should be placed at the left margin. However,
the signature can be affixed anywhere on the page.
Each and every page except the last page must be signed by the testator or by the person
requested by him to write his name and by the instrumental witnesses of the will on the left
margin. Signatures on the left margin must be placed on each and every page of the will.

f) Each and every page of the will must be numbered correlatively in letters placed on the
upper part of each page.
It is mandatory that there must be the pagination by means of a conventional system, it is
merely directory that the pagination will be in letters on the upper part of each page.

Attestation and subscription

Attestation is an act of witnessing execution of will by the testator in order to see and take note
mentally those things are done which the statute requires for the execution of a will, and that the
signature of the testator exists as a fact.

As earlier stated, the attestation clause need not be written in a language or dialect known to
the testator nor to the witnesses, since it does not form part of the testamentary disposition. The
attestation clause need only be signed by the witnesses and not by the testator as it is a
declaration made by the witnesses.

 In one case, the Supreme Court held that the inadvertent failure of 1 witness to affix his
signature to one page of the original will due to the simultaneous lifting of two pages in
the course of signing is not. Mercer, sufficient to justify denial of probate when the
duplicate will show that the witness signed on each and every page of the will.
 In Cruz versus Villiasor, The Supreme Court held that the notary public cannot be
counted as one of their testing witnesses.

Subscription, on the other hand, is the manual act of instrumental witnesses in affixing their
signature to the instrument.

We must distinguish an attestation signature from a subscription signature.

 And attestation signature is an act of the senses while a subscription is an act of the
hand. An attestation signature is a mental act while a subscription is a mechanical act.

 And attestation signature - Its purpose is to render available proof during the probate
that such will had been executed in accordance with the formalities prescribed by law. A
subscription signature - is for purposes of identification.

 The attestation signature is found after the attestation clause at the end or last page of
the will while a subscription is found at the left side margin of every page of the will.

What happens if it is the name of the testator that displays, in lieu of his or her
signature?
Instead of a signature that the status name must appear at the end of the will written by some
person in the presence of the testator, and by his express direction, the person writing that the
status name need not place his own signature. The law merely requires the name of the
testator.

In the case of Balonan vs Abellana, what was written at the end of the will was the phrase for
the testator, for instance X with the signature of M, the person requested by the testator to write
her name in the will. The Supreme Court invalidated the will because there is no showing that
the name of the Testatrix was written by X herself or by M. The law requires the name of the
testator written at the end of the will, not a phrase containing the name of the testator. The
person signing should not be one of their testing witnesses unless there are more than three
other witnesses.

Another requirement in attested will is that each and every page of the will must be numbered
correlatively in letters placed on the upper part of each page. This is to prevent fraud
substitution or to detect loss of any case so substantial compliance is sufficient.

The next requirement for unattested will is that each and every page must be signed by the
testator or by the person requested by him to write his name. And by the instrumental witnesses
in the presence of each other on the left margin of the will except the last page. The signature
maybe on the right. It may be on top or at the bottom of the margin of the page of the will.

The meaning of in the presence of means that the presence of the witnesses does not simply
mean physical presence in the vicinity of the place of the execution of the will. It depends upon
the opportunity of the witnesses to see the execution of the will by merely casting their eyes had
they opted to see the same.

In Nera versus remando in the presence of each other, the Supreme Court held does not
depend upon proof of the fact that the eyes of the witnesses were precisely cast upon the
instrument at the moment of each and every subscription in the presence of each other depends
on existing conditions and positions of the witnesses.

In the presence of each other such that by merely casting their eyes in the proper direction, they
could have seen each other sign without changing their relative positions or existing conditions.
The next requirement for unattested will.

g) It must be attested and subscribed by three or more credible witnesses in the presence
of the testator and of one another.
What does credible mean?

It means that the witness must be of sound mind 18 years or more, not blind, deaf or dumb,
Able to read and write is domiciled in the Philippines and has not been convicted of falsification,
perjury, or false testimony. This is provided for under article 820 and 821 of the new Civil Code.
The purpose of the qualifications of the witnesses

If the witnesses possess all the qualifications and none of the disqualifications under the law.
The law assumes that they would likely give credible testimony and the will will be admitted to
probate the qualifications are meant to benefit the testator.

 In the case of Ramos versus the Court of Appeals, it was held that the attestation
clause stated that the testatrix signed the will in the presence of the witnesses. At
probate the two surviving witnesses said that the signature of the Testatrix was already
affixed on the document when they signed the will. The notary public testified that he
was present during the execution of the will and that the same was signed in the manner
set forth in the attestation clause.
The Supreme Court held the presumption of regularity cannot be defeated by negative
testimony that the station. Plus, one side affirms the compliance with the rules and its
execution contradicts the presence of undue influence in the attestation clause. The
witnesses not only attest to the signature of the testatrix, but also the proper execution of
the will. Their signature implicitly certifies the validity of the will and the truth of the facts
stated there in.

Note that the blind or an illiterate can make a will but cannot be a witness to a will.

The law requires the presence of at least three witnesses in the execution of wills for the
primary purpose of safeguarding the authenticity of the document being signed by the testator.
Since the testator who would testify as to its genuineness and authenticity would be already
dead by the time the will is presented for probate, there is a need for witnesses to testify with
respect to the compliance with all the requirements of law in the execution of the testators.

h) The next requirement an attested will must contain an attestation clause which must
state the number of pages where the will is written.
That the state are signed in the presence of the witnesses and the witnesses signed in the
presence of the testator and each other.

The purpose of the attestation is to preserve in permanent form the records of the fact to have
proof of compliance and to minimize Commission of fraud or undue influence.
That the attestation clause of an ordinary will does not have to be written in a language or
dialect known to the testator. The language used in the testation clause does not even have to
be known to the witnesses. It should, however, be translated to them.

The attestation clause is a memorandum of facts required by law to be made and signed by the
witnesses that the stator has no participation in the attestation clause. That his signature at the
bottom maybe considered nearly inconsequential a mere surplusage.

 In Cagro versus Cagro, the testation clause was the signature of the testator and not the
signature of the three witnesses to the will. However, the page of the testation clause
was signed by the witnesses on the left margin. The Supreme Court held that the will
was void since the signatures on the left margin cannot be considered as an attesting
signature. The failure to state the number of pages in that attestation clause is fatal as
held by the Supreme Court in Ray Andrada. Unless the number of pages appear
elsewhere in the will, this was held by the Supreme Court in Singson versus Florentino
and Gonzalez versus Gonzalez.

Is an error in the number of pages of the will as stated in the attestation clause material
to invalidate the will?

Error in the number of pages of the will as stated in the attestation clause is not material to
invalidate the will.

The position of the court is in consonance with the doctrine of liberal interpretation enunciated in
Article 809 of the Civil Code, which reads:

 In the absence of bad faith, forgery or fraud, or undue, an improper pressure and
influence defects and imperfections in the form of attestation or in the language used
therein shall not render the will invalid if it is proved that the will was in fact executed and
attested in substantial compliance with all the requirements of Article 805. This is the
case of Samaniego Celada versus Abena.

What is the result of an unsigned attestation clause?

An unsigned at the station clause results in an unattested will. This is the case of Alwada versus
Al Wad October 17, 2008.

Aside from signing at the logical end of the will that the stator must also sign at the left margin of
each and every page of the will. The placement of the signature of the testator at the end of the
will is crucial to its validity, while the placements of the signature on each and every page on the
left margin will not invalidate the will.

The difference between subscribing and attesting signature lies in the purpose of the signature:

The signature as required in the first paragraph of Article 805 is to attest, declare, confirmed that
all the dispositions above it are of by the testator, while the signature as required in the second
paragraph of Article 805 is merely to identify each and every page of the will.

An attesting signature must be found below the dispositions in the will as a matter of necessity,
while I'm identifying or subscribing signature may be placed anywhere in the will, preferably on
the left margin, as a matter of style.

 In Tabuada versus Rosal, the Supreme Court held that the signatures of the witnesses
required at the end of the will are for identification purposes only similar to the signatures
on the left margin.

As such, these signatures need not be found at the end of the will or on the left margin. The
placement of the attesting signatures, their testing signature of the testator must be found at the
logical end of the will, otherwise the will is void.

The attesting signature of the witnesses must be found at the end of the attestation clause.
Otherwise the will is void.

i) Next requirement of attested will, it must be acknowledged before a notary public, by,
the testator, and the witnesses. It must be notarized. Article 806 of the Civil Code.

The following are not essential:

 date
 place of execution
 reading of the will to the witnesses

Only the attestation clause is interpreted to the witnesses if the language is not known to them
and not the will itself.

The notary does not have to read the will, except if the testator is blind. The notary public need
not be present at the time of the execution of the will.
The witnesses also need not appear before the notary public at the same time.

If the testator is deaf or a deaf mute, he must personally read the will, or he must designate 2
persons to read or communicate the will to him. But they must know the sign language.

Article 807 of the Civil Code. If the testator is blind, the wills should be read to him twice, once
by one of the subscribing witnesses, and again by the notary public.

Article 808. The notary public cannot be one of their testing witnesses because he cannot
acknowledge his own act.

Article 806 Every will must be acknowledged before a notary public, by the testator, and the
witnesses. The notary public shall not be required to retain a copy of the will or file another with
the office of the Clerk of Court.

Article 806 refers to notarial wills, or attested wills.

When should acknowledgement before the notary public be made?

The law does not provide a specific period, but the best time to have the will notarize is
immediately after the execution of the will.

Though the law does not require that both the testator and the witnesses acknowledged before
the notary public at the same time, it is best to have both of them together before the notary
public. After the will is acknowledged before a notary public, the will is already considered
complete. Acknowledgement is essential for its formal validity.
The notary public is not legally required to either retain a copy of the will or file another with the
office of the Clerk of Court, and this is to safeguard the secrecy of the contents of the will during
the lifetime of the testator.

What is the purpose of acknowledgement?

The purpose is to minimize fraud and exertion of undue pressure and influence upon the
testator.

The testator acknowledges before the notary public in order to certify his voluntariness in
executing the will the witnesses acknowledged before the notary public to certify that they
signed the document without being coerced, threatened, or hurt, and that they signed because
their document is authentic based on their attestation. This acknowledgement is done before an
independent notary.

A person who must have no interest in the will in order to ensure his or her impartiality in
ascertaining the free execution of the will.

 In the case of Cruise versus Velius or the Supreme Court held, the notary public cannot
acknowledge his signing of the will before himself. He cannot be the witness and the
notary public before whom the will is acknowledged at the same time. The function of the
notary to guard against illegal arrangements would be defeated if he becomes one of the
witnesses, as he would then be interested in validating his own acts
 In Garcia versus Garcia, the will was denied probate because it was acknowledged
before the notary public, only by the testator and not by the witness or witnesses,
thereby failing to comply with the mandatory requirement of acknowledgement of the will
before a notary public by the testator and the instrumental witness. This such
requirement is indispensable for the validity of the will.

Article 807 If did the stator be deaf or a deaf mute, he must personally read the will if able to do
so. Otherwise, he shall designate 2 persons to read it and communicate to him in some
practicable manner the contents thereof.

Article 808 states If the testator is blind, the will shall be read to him twice, once by one of the
subscribing witnesses, and again by the notary public, before whom the will is acknowledged.
Failure to comply with this requirements would invalidate the will.

With respect to the provisions where that the stator is blind, the testator need not be clinically
blind.
 In the case of Garcia versus Vasquez, the Supreme Court held that the rationale behind
the requirement of reading the will to the testator if he is blind or incapable of reading the
will to himself as when he is illiterate is to make the provisions there of known to him. So
that he may be able to object if they are not in accordance with his wishes.

Article 809 in the absence of bad faith, forgery or fraud or undue an improper pressure and
influence, defects and imperfections in the form of attestation or in the language used therein,
shall not render the will invalid if it is proved that the will was in fact executed and attested in
substantial compliance with all the requirements of Article 805.

This provides a liberal interpretation of the will, yet the station clause is essentially the act of the
witnesses over whom that the stator has no control.
The attestation or the contents of attestation clause to support a valid will must contain the
following.

a) The number of pages upon which the will was written.

b) The fact that the testator signed the will and every page thereof or cause some other
person to write his name under his express direction in the presence of the instrumental
witnesses
c) The witnesses witnessed and signed the will and all of the pages there off in the
presence of the testator and of one another.
IV. ARTICLES 825-837

Article 825 A codicil is a supplement or addition to a will made after the execution of a will and
uh, next to be taken as part their off by which dispositions made in the original will is explained,
added to, or altered.

A codicil is a small will. It is a supplement or addition to a will made after the execution of a
will and annexed to be taken as part thereof by which any disposition made in the original will
may be explained or added to or altered. It is always made after the original will.

A codicil is a supplement or addition to a will. It must be made after the execution of a will. It is
annexed and taken as part of that will. And it explains, adds or alters the original will. It must be
executed following the formalities of a will.
 A codicil, maybe a notarial will, or a holographic will.
 A notarial will may be revoked by a note arial or holographic codicil.
 A holographic will may be revoked by a holographic or a notarial codicil.
 A valid will cannot be revoked by an invalid codicil, whether expressly or implied.

Article 826 provides that in order that a codicil may be affected, it shall be executed as in the
case of a will.

Article 827 refers to incorporation by reference. If a will executed as required by, this code
incorporates into itself by reference any document or paper. Such document or paper shall not
be considered a part of the will unless the following requisites are present:
 The document or paper referred to in the will must be in existence at the time of the
execution of the will
 The will must clearly describe and identify the same stating, among other things, the
number of pages there off.
 It must be identified by clear and satisfactory proof as to document or paper referred to
therein
 It must be signed by the testator and the witnesses on each and every page except in
case of voluminous books of account or inventories.

A will validly executed incorporates only by reference. Meaning without copying the whole thing,
certain documents or papers, especially inventories and books of account, to save time and
energy, this is what is meant by incorporation by reference.

Incorporation by reference is done merely by mentioning in the will that a certain document is
referred to thereto, though not necessarily attached to the will itself.
The document or paper referred to must be in existence at the time of the execution of the will.
Future papers therefore cannot be incorporated by reference.

A statement to this effect need not be stated in the will. The will must clearly describe and
identify the document or paper, especially the number of pages there. This requires a clear
identification which must be stated in the will.

Aside from the number of pages which has to be stated, it is best to state the description of the
document itself by indicating its title or its nature. The document or paper referred to must be
identified by clear and satisfactory proof. As being the document referred to in the will, this will
be done by parole evidence or evidence aliunde.

This second identification is necessary during probate to substantiate the authenticity of the
document referred to in the will. It is also necessary that the testator and the witnesses must
sign each and every page of the paper or document, except voluminous books of account or
inventories. But the number of pages must be stated. The purpose of this is to prevent any
insertion or deletion of pages.

Revocation

Article 828. A will may be revoked by the testator at any time before his death. Any waiver or
restriction of this right is void.

Revocation is an act of the mind terminating the potential capacity of the will to operate as of
the death of the testator, manifested by some outward and visible app or sign symbolic there off.
It is an act to annul on existing will, in whole or in part.

Wills, by their very nature are ambulatory and inoperative till the death of the testator. The
instrument does not pass a present interest or right in the property and such right or interest
does not take effect until the death of the testator. Prior to the death of the testator, it is entirely
inoperative and is ineffective for any purpose.

This is the reason they will is entirely revocable and may be revoked at any time by the testator
before he dies and with or without cause.

Article 829. A revocation done outside the Philippines by a person who does not have his
domicile in this country is valid when it is done according to the law of the place where the will
was made. Or, according to the law of the place in which the testator had his domicile at the
time, and if the revocation takes place in this country when it is in accordance with the
provisions of this code.
 If the revocation is done outside the Philippines by one domiciled in the Philippines, the
applicable law for purposes of revocation is the law of the place where the will was
made, the law of the place where the testator was domiciled at the time the will was
made, or the Philippine law.
 If the revocation is done by one domiciled in the Philippines, the applicable law is the
Philippine law, since his domicile is in the Philippines or follow the general rule of less
lossy celebrations of the revocation pursuant to Article 17 of the Civil Code.
 If revocation is done in the Philippines, it is the Philippine law that will govern the
revocation whether the testator is domiciled in the Philippines or not.
Article 830 No will shall be revoked except in the following cases:
 By implication of law.
 By some will codicil or other writing executed as provided in the case of Wills.
 By burning, tearing, cancelling, or obliterating the will with the intention of revoking it by
the testator himself or by some other person in his presence and by his express
direction.
If burned torn cancelled or obliterated by some other person without the express
direction of the testator, the will may still be established and the estate distributed in
accordance therewith if its contents and do execution and the fact of its unauthorized
destruction, cancellation or obliteration are established according to the rules of court.
There are three ways of revocation:
 By implication or operation of law, which may be a total or a partial revocation.
 By an overt act, the burning, carrying, cancelling, or obliterating
 By revoking will or codicil which may be total or partial, express or implied. This is the
Execution of a document with the formalities of a will.
By which revocation takes place - revocation by implication or operation of law. When
revocation by implication or operation of law takes place, only specific provisions of the will, will
be revoked by implication of law. This takes place when, after the execution of a will certain acts
or events take place, rendering void the will totally or partially. This presupposes a change of
mind of the on the part of the testator.

The instances where there is revocation by implication or by operation of law are the following:
a) The nullity of legacies and devices by transformation, alienation or loss of the subject
matter of the legacy or device. Such as when the testator cells or donates. The thing
given by way of legacy or device. Article 957 of the Civil Code.
b) In cases of legal separation, annulment of marriage and declaration of nullity, of
marriage with respect to the property given to the guilty spouse.
Article 63, paragraph four of the family code on with respect to the degree of Labor legal
separation provides that where there is a degree of legal separation, it shall disqualify the
offending spouse from inheriting from the innocent spouse, by Interstate or testate succession.

Article 43, paragraph five of the family code states that where the termination of the subsequent
marriage shall disqualify the spouse who contracted the subsequent marriage in bad faith. And
it will disqualify him to inherit from the innocent spouse, by testamentary and intestate
succession.

Article 44 of the Family Code in cases where both spouses of the subsequent marriage acted in
bad faith, all the nations made by one in favor of the other are revoked by operation of law.
Furthermore, Article 50 of the Family Code reiterates the disqualification to inherit in cases of
marriages which are declared void AB initial or annulled, by final judgment under Article 40 and
Article 45 of the Family Code.

c) The third instance where there is replication by implication or operation of law, is when
an heir, legatee or device or device he commits an act of unworthiness.

Under Article 1032, regarding the incapacity of individuals to succeed by reason of

unworthiness, such as abandonment or corruption of children, conviction of an attempt against
the life of the testator, false accusation of a crime for which the law prescribes imprisonment for
six years or more. Those persons who should cost the testator to make a will or to change one
already made through fraud, violence, intimidation, or undue influence and those persons who
shall forge a supposed will of the dissident.

d) When a credit given as a legacy is judicially demanded by the testator. This is Article
936 of the Civil Code in relation to Article 935.

Concerning legacies of remission against third persons, the legacy of credit or emission of a
death shall lapse if the testator, having made it should bring an action against the debtor for the
payment of his death, even if such payments should not have been affected at the time of his
death.

e) When one or some of the compulsory heirs are pretty rated or omitted in the will, the
institution of errors is void, but the legacies and devices remain valid as long as the
legitimate is not impaired, Article 854 of the Civil Code.
f) The next manner by which revocation takes place revocation by an overt act.
The overt act being the burning, tearing, cancelling or obliterating. What is important here is the
physical destruction of the document, which can be partial or total. It may be done by the
testator or another upon his direction. The subjective phase of the act must be completed.

The act of the revocation must be complete in the mind of the testator by presenting proof of the
circumstances to show that the testator already believed that the will was already revoked by his
overt acts, even though his axe did not result to the intended revocatopm.

There must be testamentary capacity to make a will at the time of the revocation, and this is to
ensure the intelligence of the act of revocation.

g) And lastly, there must be intent to revoke or what we call animus revocande

Intent to revoke plus overt acts are necessary for the revocation. Intent alone is not enough. Any
of the overt acts provided under the law must appear to have been done.

Examples where there were no revocation:

If the testator throws his will into a stove with the intent of revoking it so that it would be burned
when someone lights the stove, but somebody removed the will from the stove before it was
lighted, there is no revocation because there was never the overt act of burning if a will is
burned accidentally, there is no revocation in view of the lack of intention to revoke.

 Note that the tearing of the will, even if slightly or only into two pieces, is enough
revocation, as long as the subjective phase has been completed.

Obliteration is rendering the words eligible.

Canceling is the drawing of a line across the text, but the words remain legible. The
cancellation of the signature is sufficient revocation, but cancellation or obliteration of non vital
parts leaves the other parts of the will enforce.

Article 831. Subsequent wills which do not revoke the previous ones in an express man
manner are now only such dispositions in the prior wills, as are inconsistent with, or contrary to
those contained in the later wills. This is what we call implied revocation by a subsequent
will.
If the subsequent will does not revoke the first will in an express manner, only those dispositions
in the first will that are inconsistent or contrary to the second will are annulled. The later
provisions in the second will is the one that is given effect.

The changes in the later document indicate a change of mind of the testator, which must be
given effect. The reason for allowing implied revocation is that the law does not favor implied
revocation and efforts to reconcile must be made. So, unless it can be proven in the manner
provided in Article 831 that there was an intent to revoke the earlier will, there would be no
revocation.

In order that the former will may be revoked by a subsequent will, it is necessary that the latter
will should be valid and executed with the formalities required for the making of the will.

The subsequent will must either contain a clause expressly revoking the previous one, or some
dispositions or provisions which are irreconcilably inconsistent with the previous will such that
the dispositions cannot be effective if taken together.

Where there is an expressive of revocation

When the revoking document or will or codicil has an express provision, the revelatory clause
which revokes the previous one, then this is what we call an express revocation of the will.

Express revocation may be made conditional upon a future event. As when one who has
made two wills, executed another instrument in which he provides that if he should live three
months, one should be his will and if he died before that time, the other will be his will.

Article 832. The replication made in a subsequent will shall take effect even if the new will
should become inoperative by reason of the incapacity of the heirs, devices or legatees
designated there in or by their renunciation.

In order for there to be a revocation, the revoking will or codicil must be valid as to the form,
otherwise their revocation is void. The subsequent will shall only revoke the old will if it is
admitted to probate. The validity of the latter will is a condition for the revocation of an old one.

The replication of a prior will is valid even if the revoking will is inoperative or cannot be carried
out because of the incapacity of or enunciation of some of the beneficiaries therein, because of
the clear intent of the testator to revoke, which is contained in a valid will, the validity of the new
will prevents the operation of the old will, even if the new disposition cannot be carried out.
Article 833. A revocation of a will based on a false cause or an illegal cause is null and void.

The will is void because the testator’s consent is vitiated by mistake. Had he known the truth,
there would have been no revocation. However, this article refers to revocation by subsequent
will or codicil and overt acts.

 This is also what we call the doctrine of conditional revocation or dependent relative
revocation. This refers to a revocation that is conditional. The revocation takes place
only if the condition is fulfilled.

Let us say that the testator makes a will. We will call it will 1 after one week he executes another
will which we will call will 2. Then he tore will want to pieces. Upon his death, it was discovered
that his will to had not been validly executed.

His will one revoke or should it be given effect?

In one case it was held that will one was revoked because the tearing was accompanied by
animal revocande.

In a later case, it was ruled that there was no revocation, either by subsequent will or by overt
act of tearing, because the tearing was prompted by the false belief that the second will was
validly executed.

This is pursuant to Article 833 which states that revocation of a will based on a false or illegal
cost is null and void or under the doctrine of dependent relative revocation, the revocation by
destruction or overt act is good only if the condition is fulfilled, namely that the revoking will is
valid. Hence, the condition was not fulfilled. Therefore, the revocation by overt act did not
materialize.

Article 834. The recognition of an illegitimate child does not lose its legal effect, even though
the will wherein it was made should be revoked. This is because recognition is not a
testamentary disposition. Thus, the recognized child can demand his rights, even if the will is
revoked.

Republication and Revival of Wills

Article 835. Refers to republication and revival of wills.

Article 835 the testator, cannot republish without reproducing in a subsequent will. The
dispositions contained in a previous one which is void as to its form.

Republication is a method by which the testator restores the validity, as his will, an instrument
formerly executed by him as his will, which was originally invalid for want of proper execution.

 It is also means where the testator updates his will to cover properties acquired after the
execution of the first will. It is the act of the testator of reestablishing A will which is void
as to form or which had been revoked.

Revival, on the other hand, is the restoration of validity to a previously revoked will by operation
of law.

The two types of republication are expressed republication or re execution and implied
republication or republication by reference:

 Express republication or re execution is the copying of the original provisions of a will.

 Implied republication or republication by reference is the execution of a codicil
referring to a previous will.

A will which is void as to form can only be republished through re execution. This means that
the whole document must be rewritten. On the other hand, a will which is valid as to form but
void us to other aspects, maybe pre published by republication through reference, which means
the execution of a codicil which contains a sufficient reference to the previous will.

The republished will shall speak as of date of republication and shall be governed by the
formalities required by law at the time of republication.

Article 836 The execution of a codicil referring to a previous will has the effect of republishing
the will as modified by the codicil. This refers to republication.

Article 837. If after making a will that the stator makes a second will expressly revoking the first,
the revocation of the second will does not revive the first will, which can be revived only by
another will or codicil.

If the testator wishes to republish a will that is void as to form, the only way to republish it is to
execute a subsequent will and reproduce it.
The testator need only execute a subsequent will or codicil referring to the previous will if the
testator wishes to republish a will that is either void for reason other than a formal defect or
previously revoked.

The distinction between republication and revival are as follows:

 Republication takes place by an act of the testator. Revival, on the other hand, takes
place by operation of law.
 Republication corrects extrinsic and intrinsic defects while revival restores a revoked will.
 Republication can apply to wills which were expressly and impliedly revoke. Revival can
only apply to impliedly revoked wills.

Requisites and limitations of republication

 If a will is void as to form, for instance, there were only two attesting witnesses, or there
was no attestation clause in the in the notorious. The new will must reproduce or copy all
the provisions of the first will. But the effect of the will is the date of execution of the new
will and not of the old will.
 If a will is void as to form, it cannot be republished by mere reference in a codicil. There
must be a new will or codicil reproducing all the provisions of the first void will. But if the
first will was valid, but had later been revoked, a codicil merely referring to the revoke
will revive said void will. There is no need to reproduce the provisions of the revoke will.
The will is however effective as of the date of the codicil.
 If A will is void due to fraud or undue influence, the execution of a codicil referring to the
previous void will is sufficient republication. There is no need to reproduce its provisions.

Requisites and limitations of revival

 If the second will expressly revoked the first will, revocation of the second will does not
revive the first will.
 If the second will only implied Lee, revoke the first will. Revocation of the second will
revives the first will.
 If the second will, revoking the first will is invalid. The first will is still effective because
revocation did not take place.

Another case of revival is while the preparation of a compulsory air announced the institution of
errors, if the omitted heir dies ahead of the testator, the institution of errors is revived without
prejudice to the right of representation. Article 854 of the Civil Code.