(LaMiTips) - Succession 1

INTER VIVOS VS MORTIS CAUSA

DONATIONS INTER VIVOS VS MORTIS CAUSE
Constitution Article 12, Section 7, of the 1987 Constitution mentions Succession, viz:

“Save In cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the
public domain.”

Hereditary Succession as found in the Constitution means Legal or Intestate Succession -
(Ramirez vs Ramirez)
Inter Vivos vs Succession Inter Vivos – made throughout the lifetime of the donor. Governed by law on
Mortis Causa donations. Follow the forms of the donation. Irrevocable.

Succession Mortis Causa – made throughout the lifetime but takes effect upon the death of
decedent. This is governed by law on succession. Follow the formalities of wills. Revocable
at cause and at will.

Inter Vivos Mortis Causa
"samantalang ako ay nabubuhay, ang “in case I will die, I will assign all my rights
lupa na ipinagkakaloob ko sa kaniya ay ako and participation over the above mentioned
pa rin and patuloy na mamomosecion, xxx properties and that he shall succeed to in
hanggang hindo ko binabawian ny buhay case of my death”
ng Maykapal at ito naman ay hindi ko nga
iya-ali" Donations which are to take effect upon the
death of the donor partake the nature of
It is apparent from the entire context of the testamentary provisions, and shall be
deed of donation that the donor intended governed by the rules established in the Title
that she should retain the entire beneficial of Succession (Art. 728,CC)
ownership during her lifetime, but that the
naked title should irrevocably pass to the
donee - (CUEVAS VS CUEVAS)
(JUTIC VS CA )
"one surviving spouses reserves the right "to become effective upon the death of the
of ownership and possession of this DONOR; but in the event that the DONEE
property" should die before the DONOR, the present
donation shall be deemed rescinded and of no
Although denominated as a further force and effect.”
donation mortis causa, which in law is the
equivalent of a will, the deed had no
attestation clause and was witnessed by To become effective upon the death of the
only two persons. The named donees, DONOR admits no other interpretation but
however, signified their acceptance of the that deceased intended to transfer the
donation on the face of the document. ownership of the properties on her death, not
during her lifetime.
"Irrevocability" of the donation is the
"distinctive standard that identifies the
document as a donation inter vivos."

Further, the donors parted with their naked
title, maintaining only beneficial ownership
of the donated property while they lived.
(DEL ROSARIO VS FERRER) (GANUELAS VS CAWAD)
1. The specification in a deed of the 1. Convey no title or ownership to the
causes whereby the act may be revoked transferee before the death of the
by the donor indicates that the donation transferor; or, what amounts to the same
is inter vivos, rather than a thing, that the transferor should retain the
disposition mortis causa[;] ownership (full or naked) and control of
the property while alive;
2. That the designation of the donation
as mortis causa, or a provision in the 2. That before the [donor’s] death, the
deed to the effect that the donation is transfer should be revocable by the
"to take effect at the death of the transferor at will, ad nutum; but
donor" are not controlling criteria; such revocability may be provided for
1 LaMiTips by a Lami Person

Note: Hindi ko parin alam ang tama sa mali. Please correct nalang
if may mali sa notes (Don’t say I didn’t warn you – TS)
statements are to be construed together indirectly by means of a reserved power
with the rest of the instrument, in order in the donor to dispose of the properties
to give effect to the real intent of the conveyed;
transferor[;] [and]
3. That in case of doubt, the conveyance 3. hat the transfer should be void if the
should be deemed donation inter transferor should survive the transferee.
vivos rather than mortis causa, in order
to avoid uncertainty as to the
ownership of the property subject of
the deed. (VILLANUEVA VS SPS.
BRANOCO
(VILLANUEVA VS SPS. BRANOCO)

GENERAL PROVISIONS

GENERAL PROVISIONS
DEFINITION Art. 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.
"Transmitted When the deceased died, heirs stepped into the shoes of their father insofar as the subject
through his property is concerned such that any rights or obligations pertaining thereto became binding
death" and enforceable upon them. It is expressly provided that rights to the succession are
transmitted from the moment of death of the decedent (CORONEL VS. CA)
Subjects Property, Rights and Obligations

Property
 Real/Immovable (Art. 415, CC), Personal/Movable (Art. 416, CC), Tangible,
Intangible
 Must be within the commerce of man
o Not res communis; Not res nullus; Not prohibited by law

Rights
GN: Rights which are Patrimonial in XPN: Patrimonial rights that are
character are generally transmissible. extinguished by death and therefore not
Patrimonial means RIGHT IS RELATED transmissible.
TO PROPERTY. Generally not
extinguished by death.
 Contractual rights (contract of lease)  When provided in the contract that
 Right to insurance right is extinguished by death
 A policy of insurance upon life or  Here, exception was not
death may pass by transfer, will, or applied. In the contract, not
succession to any person whether only were there no stipulations
he gas an insurable interest or not, prohibiting any transmission of
and such person may recover it right , but its very terms
whatever the insured might have explicitly provided for the
recovered (GrePaLife vs CA) transmission of the rights of the
 Action for forcible entry or lessor and lessee to their
unlawful detainer respective heirs and successors
 Action against or by heirs to compel (Inocencio vs Hospicio de San
execution of public document Jose)
 Action to recover possession  Usufruct as a gen. rule under Article
 Civil liability arising from crime 603 (exp: when there is stipulation to
 Right to recover from tort or the contrary)
negligence.  Agency under Article 1919 (exp:
Agency with interest)
 Tenancy (xpn: if one heir was
chosen to be a tenant)
 Right to become a partner
 Right to annuity under Art. 2027 -
 Right to revoke donation
 Commodatum is purely personal in
character
 A deposit is extinguished, in case of
a gratuitous deposit

Purely personal rights

generally cannot be transmitted because they are extinguished by death.
1. Parental authority;
2. Marital rights relating to persons or property;
3. Action for legal separation;
4. Right to receive support;
5. Right to vote;
6. Right to become a partner in partnership;
7. Guardianship;
8. Right to annuity (Art. 2027);
9. Right to revoke donation by reason of ingratitude.

10. Right to hold public office – Public office if a public trust. It is not a right, but a
privilege.

Obligations

GR: Obligations are transmissible. The doctrine obtaining in this jurisdiction is on the
general transmissibility of the rights and obligations of the deceased to his legitimate
children and heirs.
XPN: If they are purely personal obligation.

Under our law, therefore, the general rule is that a party's contractual rights and obligations
are transmissible to the successors. However, That petitioners did not inherit the property
involved herein is of no moment because by legal fiction, the monetary equivalent thereof
devolved into the mass of their father's hereditary estate, and we have ruled that the
hereditary assets are always liable in their totality for the payment of the debts of the
estate. It must, however, be made clear that petitioners are liable only to the extent of the
value of their inheritance.
(ALVAREZ VS. IAC)
Death Opens
Succession 1. Actual Death (As defined under Organ Donations act of 1991)
2. Presumed Death

Ordinary Presumption Art. 390 - 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
seventy-five years, an absence of five years shall be sufficient in order that his succession
may be opened.

Ordinary Presumption Qualified or Extraordinary Presumption
Art. 390 - The absentee shall Article 391. The following shall be presumed dead for
not be presumed dead for the all purposes, including the division of the estate among
purpose of opening his the heirs:
succession till after an absence (1) A person on board a vessel lost during a sea
of ten years. If he disappeared voyage, or an aeroplane which is missing, who
after the age of seventy-five has not been heard of for four years since the loss
years, an absence of five years of the vessel or aeroplane;
shall be sufficient in order that (2) A person in the armed forces who has taken
his succession may be opened. part in war, and has been missing for four years;

(3) A person who has been in danger of death
under other circumstances and his existence has
not been known for four years.
the time of death will be the counting shall start from disappearance, because it was
required number of years has when danger of death occur.
lapsed

Presumed death by declaration of law
Presumed death by declaration of law. There is no a need for a court declaration for the
purpose of declaring a person presumptively dead for purposes of opening succession. The
need for such only applies in cases of remarriage under FC. (Tadeo-Matias vs Republic of
the Philippines)

When there is moral certainty that the vessel had sunk and that the persons aboard had
perished with it, the rule on presumption of death under Art. 391 (1) of the Civil Code must
yield on the rules of preponderance of evidence. Where there are facts, known,
knowledgeable, from which a rational conclusion can be made, the presumption does not step
in, and the rule on preponderance of evidence controls. (Eastern vs Lucero)

XPN TO THE RULE THAT DEATH OPENS SUCCESSION:
Freak Succession – this is a case of succession which takes place without the triggering
effect of death. This contemplates the delivery of presumptive legitime prior to the death of
the person who is supposed to pay such, on the occasion of annulment of marriage and
declaration of nullity of marriage.
Presumption on Rules of Court: Rule 131 Section 3 (kk) “That if there is a doubt, as between two or more
survivorship persons who are called to succeed each other, as to which of them died first, whoever alleges
the death of one prior to the other, shall prove the same; in the absence of proof, they shall
be considered to have died at the same time.”

Effect of death/ Art. 777. The rights to the succession are transmitted from the moment of the death of the
Action decedent.
GR: DEATH OPENS SUCCESSION

Article 777 of the Civil Code provides "that the rights to the succession are transmitted from
the moment of the death of the decedent." From the moment of the death of the decedent,
the heirs become the absolute owners of his property, subject to the rights and
obligations of the decedent, and they cannot be deprived of their rights thereto except
by the methods provided for by law (BONILLA vs. BARCENA)

XPN TO THE RULE THAT DEATH OPENS SUCCESSION:
Freak Succession – this is a case of succession which takes place without the triggering
effect of death. This contemplates the delivery of presumptive legitime prior to the death of
the person who is supposed to pay such, on the occasion of annulment of marriage and
declaration of nullity of marriage.

Article 777 of the Civil Code provides "that the rights to the succession are transmitted from
the moment of the death of the decedent." From the moment of the death of the decedent,
the heirs become the absolute owners of his property, subject to the rights and
obligations of the decedent, and they cannot be deprived of their rights thereto except
by the methods provided for by law (BONILLA vs. BARCENA)

IF THERE IS NO APPOINTED IF THERE IS ALREADY AN
EXECUTOR/ADMINISTRATOR APPOINTED
EXECUTOR/ADMINISTRATOR:
Pending the filing of administration GR: All actions, on behalf of the estate,
proceedings, the heirs without doubt have MUST ALREADY BE FILED by the
legal personality to bring suit in behalf of executor or administrator.
the estate of the decedent in accordance with
the provision of Article 777 of the New Civil XPNS:
Code "that (t)he rights to succession are 1. If the executor or administrator is
transmitted from the moment of the death of unwilling or refuses to bring suit
the decedent." 2. When the administrator is alleged
to have participated in the act
complained of and he is made a
party defendant
(RIOFERIO vs. CA)
Testamentary Art. 779. Testamentary succession is that which results from the designation of an heir,
Succession made in a will executed in the form prescribed by law.

Art. 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 the succession.

After-Acquired properties
Article 793 talks of properties acquired after the execution of the will up to the moment
before death.
o Gen. Rule: Only those properties owned and possessed at the time the will is made
are included. Properties acquired after the making of the will shall not be included in
the legacy or devise.
o Exceptions: When the testator expressly provides in his will that properties acquired
after the will is made shall be included in the inheritance. Other exceptions are Art.
836, 930, 935, of the New Civil Code.
Heirs vs Legatee Art. 782. An heir is a person called to the succession either by the provision of a will or by
and Devisee operation of law.
 Heirs may be compulsory or forced (like children, wife, who cannot be deprived of
their inheritance unless for causes provided by law. They are entitled to legitime.
 Even if there is no will, they will still inherit by operation of law, in which case, they
are called legal or intestate heirs).

Devisees and legatees are persons to whom gifts of real and personal property are
respectively given by virtue of a will. (n)
 Legatees succeed to particular or specific personal property; Devisees succeed to
particular or specific real property


Voluntary Heir
- Voluntary, testamentary or testate (like friends, strangers, who are not related to the
decedent. Can inherit only if named or designated in the will. Without a will, they will
not inherit). Or those who receive property by way of devise or legacy (even if
relative).

HEIRS LEGATEE AND DEVISEE
Succeed by general right As to the extent of Succeed by special or
universal title (to all or a fraction succession particular title;
or aliquot part)
The term Heir exists both in As to application in The term legatees and devisees
testamentary succession and testate in testate or exist only in testamentary
intestate succession. legal succession succession
The heir, if compulsory, As to when they can Legatees and devisees succeed
succeeds to the inheritance receive succession only by reason of testator’s
regardless of the will of the will;
decedent;
Quantity cannot be determined As to the period of Quantity can easily be
until after liquidation of determination of determined.
properties of the estate quantity of inheritance
heir represents the juridical As to representation of Do not represent the juridical
personality of the deceased juridical personality of personality because they
acquiring his property, rights the deceased acquire only properties;
and obligations;
This includes rights, properties As to the subjects of Includes only rights and
and obligation succession properties because a stranger
don’t want to accept an
obligation or liability.
Heir succeeds to the remainder As to the amount that Succeed only to the
of the estate after all the debts, is to be received In determinate thing or amount
devises, and legacies have been residual properties given.
paid. (Residual Value)

Importance of When it comes also to priorities, for example, we have compulsory heirs, voluntary,
Distinction legatees and devisees. Who will be prioritized?
1. After payment of the obligations of the estate, that is the time that we will talk about
distribution. Because if the estate is insolvent, meaning, the liabilities are more than
the assets – then nothing is to be distribute because there is nothing more to pay the
obligation.
2. In distribution we will prioritize the compulsory heirs.
3. And in what is left in the free portion, between compulsory, Legatees and devisees,
o Legatees and Devisees will be prioritized, or those that were given specific
shares. They succeed to the determinate thing or amount given.
o If there is still a remainder, it shall be given to the compulsory heirs.

4. If there's Preterition and Invalid Disinheritance
Preterition Invalid disinheritance
In preterition, instituted voluntary heir In invalid disinheritance, the instituted voluntary
gets nothing; legatees and devisees still heirs get nothing while the legacies and devises
get the property given as long as the are respected as to the extent that they do not
legitime is not impaired. impair the legitime.
In preterition, if there are compulsory Unlike preterition, if you are a voluntary heir, if
heirs that were disinherited, Nothing will there are heirs instituted and heirs disinherited
be received by the disinherited heirs. All by the testator, If the disinheritance is not valid,
will be distributed according to legal the legitime shall be computed among the heirs,
succession. legitime shall be given including to those that
are disinherited, and the remaining shall be
given to the voluntary heirs.

5. In case of after-acquired properties, heirs succeed to the net estate at the time of
death while legatees and devisees only get the property existing at the time of the
execution of the will.

TESTAMENTARY SUCCESSION
Wills in General

Will Art. 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 this estate, to take effect after his death.
Elements and PASS U C FRIDM
Characteristics
1. A will is Personal
2. There must be Animus Testandi
 An instruments which only expresses a last wish or advice but does not contain a
disposition of property and was not executed with animus testandi cannot be
legally considered as will. (Montinola vs Hervosa)
3. Statutory right, not inherent right
4. Solemn, which requires formalities
5. Unilateral
6. Testator must have Capacity (of sound mind; At least 18 years of age)
7. Freedom from Vitiated Consent
8. Essentially Revocable
9. Individual Act
10. Must contain a Disposition of property
11. Mortis Causa
Art. 784. The making of a will is a strictly personal act; it cannot be left in whole or in part of
the discretion of a third person, or accomplished through the instrumentality of an agent or
attorney.

Art. 785 Art. 786
Invalid delegation Valid Delegation
heirs, devisees or legatees are referred heirs, devisees or legatees are not named
to by name in the will
There is no class or cause specified The class or cause is specified
The determination of the portion only The determination of the persons, institutions, or
establishments
designation of heirs, devisees or distribution of specific property or sums of money
legatees, or the determination of the that he may leave in general to specified classes or
portions which they are to take, when causes, and also the designation of the persons,
referred to by name institutions or establishments to which such
property or sums are to be given or applied.
Art. 787. The testator may not make a
testamentary disposition in such manner
that another person has to determine
whether or not it is to be operative.

Interpretation of Wills
In Favor of Art. 788. If a testamentary disposition admits of different interpretations, in case of doubt,
Validity that interpretation by which the disposition is to be operative shall be preferred.

The repeated use of the words "I bequeath" in her testamentary dispositions acquire no legal
significance, such as to convert the same into devises to be taken solely from the free one-half
disposable portion of the estate (Dizon Rivera vs Dizon)

There is no doubt that the testatrix and her husband intended the partition the conjugal estate
in the manner set forth in the will. It is true that she could only dispose of by will only half of
her conjugal estate but since the husband, after the dissolution of the conjugal partnership,
assented to her testamentary partition, such partition became valid; Testacy is Favored
(Balanay, Jr., vs Martinez)

The probate of the will should take priority over the settlement of the intestate estate.
(Rodriguez vs Borja)
Ambiguities Latent or Intrinsic Ambiguity - ambiguity or defect that does not appear in the face of the
will; may
Patent or Extrinsic ambiguity - an ambiguity that is apparent on the face of the will itself


Ambiguities may be cured by
1. Intrinsic Evidence - by looking at the context of the will
2. Extrinsic Evidence - going outside the will
o GR: may be cured by Parol Evidence under Rule 130, Sec. 10, ROC.
o XPN: for supposed oral declarations of the testator

Rule on After- GR: Only those properties owned and possessed at the time the will is made are included.
acquired Properties acquired after the making of the will shall not be included in the inheritance.
properties
XPN: When the testator expressly provides in his will that properties acquired after the will is
made shall be included in the inheritance.
Rules on Validity ARTICLE 795. The validity of a will as to its form depends upon the observance of the law
of the Will in force at the time it is made.

Validity of the Wills Extrinsic Validity Intrinsic Validity
will
Time The validity of a will as to its form depends upon the Law upon death of
observance of the law in force at the time it is made (Art. decedent (Art. 774 CC,
795,CC) (Enriquez vs Abadia) Art. 2263, CC)
Place Philippines Abroad BQ: What are the
matters which are
Filipin PH LAW (Lex Loci 1. Lex Loci governed by the law
o Celebrationis or even Celebrationis (Art. of the decedent.
in 17, CC)
Consular/Diplomatic 2. Law of country The National Law of
Office) (Art. 17, CC) where he may be the Decedent shall
(Art. 815, CC) govern as to:
3. PH Law 1. Order of
Alien 1. Lex Loci 1. Lex Loci succession
Celebrationis Celebrationis (Art. 2. Amount of
(Art. 17, CC) 17, CC) successional
2. Country or 2. Residence/ Domicile rights
Nationality (Art. 3. Country/Nationality 3. Intrinsic
817, CC) 4. PH Law (Art. 816, Validity of the
CC) Testamentary
Provisions
(Art. 16, CC)
4. Capacity to
Succeed (Art.
1039, CC)

Instances when Philippine Laws may still apply insofar as the intrinsic validity of the
will of a foreign national is concerned?
Doctrine of In the absence of proof to the contrary, it is presumed that foreign laws on the formalities of
Processual wills are the same as those prescribed under Philippine Laws (Miciano vs Brimo)
Presumption
Renvoi Doctrine If the conflicts rules under the national law of the deceased refer the matter to the law of the
domicile and the foreigner was domiciled in the Philippines at the moment of death,
Philippine courts will have to apply the Philippine internal law on succession. This is the
Doctrine of Renvoi which is the referring back to the forum of the problem.

CAPACITY AND INTENT
Testamentary power to execute wills granted by the State to its subjects.

Power
Testamentary Qualification of a person to execute wills.
Capacity  Person must be of sound mind
 Person must be at least 18 years of age
Sound Mind ARTICLE 799. 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 unshattered by disease, injury or other cause. (negative definition)

It shall be sufficient if the testator was able at the time of making the will to know the
1. nature of the estate to be disposed of,
2. the proper objects of his bounty,
3. and the character of the testamentary act. (n) (affirmative definition)

INDICATIONS OF AN NOT INDICATIVE OF AN UNSOUND MIND
UNSOUND MIND
 Albornoz vs. Albornoz (71  Torres vs. Lopez de Bueno (48 Phil 772) -
Phil 414) - Lack of memory Senility, Senile Dementia when not complete
and understanding and pre-  Sancho vs. Abella (58 Phil 728) -Senile
senile dementia debility, deafness, poor memory.
 Neyra vs. Neyra (76 Phil  Alsua-Betts vs. CA (July 30, 1979) -
333) - Delirium when it Weakness of mind or partial imbecility from
beclouds the mind so as not disease of body or from age
to understand the nature of  Avelino vs. Dela Cruz (21 Phil 521) –
act, extent of property, Blindness
objects of bounty  Bagtas vs. Paguio, Jocson vs. Jocson (46 Phil
 Torres vs. Lopez de Bueno 701), Cuyugan vs. Baron - Failure of memory
(48 Phil 772) - complete  Caguioa vs. Calderon (20 Phil 400) –
senile dementia will result Insomnia
to testamentary incapacity  Yap Tua vs. Yap Ca Kuan (27 Phil 579) –
 Samson vs. Corrales Tan Tuberculosis
(44 Phil 573) - the positive  Samson vs. Corrales Tan Quintin (44 Phil
testimony of attesting 573) – Diabetes
witnesses which does not in  Galvez vs. Galvez (26 Phil 243) – Cholera
itself seem unreasonable as  Bagtas vs. Paguio - Paralysis and loss of
to the mental condition of speech
the testator must prevail  Carilio vs. Jaojoco (46 Phil 957) - Cerebral
over the professional Hemorrhage with hemiplegia
speculations of a non-
 Hernaez vs. Hernaez (1 Phil 683) - Old age
attending physician
 Neyra vs. Neyra (76 Phil 333) - Delirium;

Sleeping Sickness (Addison's disease)
 Bugnao vs. Ubag (14 Phil 163) - Asthma

GR: testator is of sound mind, burden of proof is on the oppositor; there must be clear and
convincing evidence to discharge the burden
XPN: 3 instances when the testator is of unsound mind. The burden of proof is upon the
proponent of the will.
a. Publicly known to be insane one month or less before making of will
b. Judicially declared insane before making a will
c. Insanity of a general or permanent nature shown to have existed at one time is
presumed to have continued.
FORMALITIES OF WILL
NOTARIAL WILLS
Art. 784. The making of a will is a strictly personal act; it cannot be left in whole or in part
of the discretion of a third person, or accomplished through the instrumentality of an agent
or attorney.

ARTICLE 804. Every will must be in writing and executed in a language or dialect
known to the testator.
Drafting of the drafting of the will can be delegated. In practice, this is done by the lawyer because there
Notarial Will Can several formalities that must be observed in a notarial will. But only the mechanical acts i.e.
be delegated the paragraph, sentences. But the contents of the will must be left to the testator.
Formalities 1. Must be in writing;
Required of a 2. Must be in a language or dialect known to the testator;
Notarial Will  Presumption: Testator knew the language in which the will is written unless the
contrary is proven.
o No statutory requirement that the will should allege that the language used
therein is understood by the testator (Lopez vs. Liboro, 81 Phil 429);
o No need to state in the attestation clause that the will is written in the
language known to the testator;
o That the will is in the language known to the testator can be proved by
EXTRINSIC EVIDENCE or even by oral evidence.
 The presumption under the law that testator knew the language used in the will
would only arise or would only be sustained if the circumstances of the testator
during his lifetime would show that that there is connection between the language
used in the will and the circumstances of the testator during his lifetime.

3. 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;
 If signed by some other person, It is not necessary that testator sees the signing for
as long as he can do so if he wants to without any physical obstruction. (Test of
Vision; Test of other available senses
 Signature may be (1) customary signature (2) any mark actually intended as a
signature
 Under his express direction means (2) there must be an express grant of authority
(2) authority should proceed the act of signing.
 Logical end is the portion below the testamentary dispositions and immediately
above the attestation clause.

4. Attested and subscribed by three or more credible witnesses in the presence of the
testator and of one another;
5. Must be signed on the left margin by the testator or the person requested by him to
write his name, and by the instrumental witnesses on each and every page thereof, except
the last;
 The purpose here is for the identification of the pages and prevent fraud. As
discussed in the case of Nayve vs Mojal, this purpose can be served even if the will
is signed on the right margin or at the top, or at the bottom of the will. It would
serve the purpose and not invalidate the will.
 MITRA versus SABLAN-GUEVARRA (G.R. No. 213994, April 18, 2018)
 Whether the CA erred in finding that the instrumental witnesses to the will
failed to sign on each and every page thereof on the left margin, except
the last, as required under Article 805 of the Civil Code.
 According to the CA, while Legaspi signed on the left margin of each and
every page of her wi the instrumental witnesses failed to do the same, in
blatant violation of Article 805 of the Civil Code.
 In any event, it is uncontested and can be readily gleaned that the
instrumental witnesses signed on each and every page of the will, except
the last page. There is no doubt that the requirement under the Article 805
of the Civil Code, which calls for the signature of the testator and of the
instrumental witnesses on each and every page of the will on the left
margin, except the last, was complied with.
 It should also be mentioned that the respondents take a skewed stance in
insisting that the testator Legaspi and the instrumental witnesses should
have signed on the last page of the subject will. When Article 805 of the
Civil Code requires the testator to subscribe at the end of the will, it
necessarily refers to the logical end thereof, which is where the last
testamentary disposition ends. As the probate court correctly appreciated,
the last page of the will does not contain any testamentary disposition; it is
but a mere continuation of the Acknowledgment.

6. All the pages shall be numbered correlatively in letters placed on the upper part of each
page;
 Purpose of numbering:

o to guard against fraud;
o to forestall any attempt to suppress or substitute any of the pages;
o to prevent any increase or decrease in the pages;
o to afford means of detecting the loss of any of its pages.

7. There must be an attestation clause;
 Must be attested and subscribed by 3 or more credible witnesses in the presence of
the testator and one another.

8. The will must be acknowledged before a notary public.
Attestation vs
Subscription ATTTESTATION SUBSCRIPTION
Attestation consists in witnessing the Subscription is the signing of the witnesses’
testator’s execution of the will in order to names upon the same paper for the sole
see and take note mentally that those things purpose of identification of such paper as the
are done which the statute requires for the will which was executed by the testator.
execution of a will and that the signature of
the testator exists as a fact. It is the act of
the witnesses not that of the testator
although it necessarily involves the act of
the testator in executing the will and
requesting the witnesses to act as such.
Attestation is a mental act, an act of the Subscription is a mechanical act, an act of the
senses; hand.

Purpose of attestation is to render available Purpose of subscription is identification, and
proof of the authenticity of the will and its thus, indicates that the will is the very
due execution; instrument executed by the testator and
attested to by the witnesses and therefore
implies that the due execution of the will as
embodied in the attestation has been
performed.
To attest a will is to know that it was To subscribe a paper published as a will is
published as such, and to certify the facts only to write on the same paper the names of
required to constitute an actual and legal the witnesses, for the sole purpose of
publication. identification.
Generally 1. Test of Vision

Accepted Tests of 2. Test of Position
Presence (Jaboneta 3. Test of Mental Apprehension
vs. Gustillo, 55 Phil 4. Test of Available Senses
541)
1. The number of pages used upon which the will is written
Statements that are 2. The fact that the testator signed the will and every page thereof, or caused some other
required to be person to write his name, under his express direction (only);
stated in the 3. The signing by the testator or by the person requested by him, was in the presence of
attestation clause. the instrumental witnesses (statement as to testator’s presence is excluded);
4. That the instrumental witnesses witnessed and signed the will and all the pages
thereof in the presence of the testator and of one another.

5. For these requirements, the rule on substantial compliance may only be used if the
defect or omission can be supplied by examination of the will itself; The will itself
supplies the omission.
6. MITRA versus SABLAN-GUEVARRA (G.R. No. 213994, April 18, 2018)
o Whether the CA erred in ruling that the failure to state the number of pages
comprising the will on the attestation clause renders such will defective
o As to whether the failure to state the number of pages of the will in the
attestation clause renders such will defective, the CA, citing Uy Coque vs.
Naves Sioca and In re: Will of Andrada, perceived such omission as a flaw.
o In Uy Coque, one of the defects in the will that led to disallowance is the failure
to declare the number of its pages in the attestation clause. The Court elucidated
that the purpose of requiring the number of pages to be stated in the attestation
clause is to make the falsification of a will more difficult.

o In In re: Will of Andrada, the Court deemed the failure to state the number of
pages in the attestation clause, fatal. Both pronouncements were, however, made
prior to the effectivity of the Civil Code on August 30, 1950.
o Subsequently, in Singson vs. Florentino,33 the Court adopted a more liberal
approach and allowed probate even if the number of pages of the will was
mentioned in the last part of the body of the will and not in the attestation clause.
This is to prevent the will of the testator from being defeated by purely technical
considerations.
o An examination of the will in question reveals the attestation clause indeed
failed to state the number of the pages comprising the will.
o However, as was the situation in Taboada, this omission was supplied in the
Acknowledgment. It was specified therein that the will composed of four pages,
the Acknowledgment included.
o As with the will, the Acknowledgment is written in Filipino, quoted in part
below:
Ang HULING HABILING ito ay binubuo ng apat (4) na
dahon, kasama ang dahong kinaroroonan ng Pagpapatunay at
Pagpapatotoong ito.
XXXX
7. In sum, Legaspi's last will and testament has substantially complied with all the
formalities required of a notarial will. It has been proven that Legaspi Legaspi and the
instrumental witnesses signed on every page of the will, except on the last, which
refers to the Acknowledgment page. With regard to the omission of the number of
pages in the attestation clause, this was supplied by the Acknowledgment portion
itself without the need to resort to extrinsic evidence. Contrary to the CA conclusion,
such omission does not in any way serve as hindrance to probate.
Marginal Marginal Signature - the signatures on the left hand corner of every page signify, among
Signature vs others, that the witness are aware that the page they are signing forms part of the will
Attesting Signature
Attesting signatures - signatures to the attestation clause establishes that the witnesses are
referring to the statements contained in the attestation clause itself.

Thus, an unsigned attestation clause results in an unattested will.
Acknowledgement ARTICLE 806. Every will must be acknowledged before a notary public by the testator
before the notary and the witnesses. The notary public shall not be required to retain a copy of the will, or file
public another with the office of the Clerk of Court.

 Reasons why the notary public cannot be one of the attesting witnesses
o Physical Impossibility
o Conflict of interest
 Result if notary public is one of the attesting witnesses
o If there are only 3 witnesses, one is the notary public - WILL is VOID
o If there are more than 3 witnesses , one is the notary public - the notary public is
exluded
Testator is deaf- ARTICLE 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if
mute and blind able to do so; otherwise, he shall designate two persons to read it and communicate to him,
in some practicable manner, the contents thereof.

ARTICLE 808. 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.
Principle of 1. There are defects and imperfections in the form of the attestation clause or in the
Substantial language used therein;
Compliance 2. There is absence of bad faith, forgery or fraud, or undue and improper pressure and
(Art. 809, CC) influence;
3. The will was executed and attested in substantial compliance with all the
requirements;
4. The fact of such execution and attestation is proved.

Rule on Substantial compliance
 If the defect/omission can be cured/supplied by intrinsic evidence
o The defect can be cured by liberal construction or substantial
compliance
 If the defect/omission would require extrinsic evidence or evidence aliunde - the

defect is fatal and would lead to denial of the probate of will.

HOLOGRAPHIC WILL
Requirements ARTICLE 810. A person may execute a holographic will which must be entirely written,
dated, and signed by the hand of the testator himself. It is subject to no other form, and may
be made in or out of the Philippines, and need not be witnessed.
Requisites of 1. Must be written in a language or dialect known to the testator (804);
Holographic Wills 2. Entirely written by the testator (810);
3. Must be dated by him;
4. Must be signed by him;
 Thumbmark is not allowed
5. Must be made with animus testandi;
Entirely Written With respect to holographic will, the mechanical act of drafting the holographic will cannot
by the testator be delegated to a third person. A holographic will must be entirely written by the testator.
Date of 1. to provide against contingencies as that of 2 competing wills executed on same day
Holographic Will or different dates
2. to determine whether or not testator became insane on the day when will is made
3. to determine if will is valid because there is a point in history wherein holographic
wills are not allowed.

Probate of ARTICLE 811. In the probate of a holographic will, it shall be necessary that at least one
Holographic witness who knows the handwriting and signature of the testator explicitly declare that the
Wills will and the signature are in the handwriting of the testator. If the will is contested, at least
three of such witnesses shall be required.

In the absence of any competent witness referred to in the preceding paragraph, and if the
court deems it necessary, expert testimony may be resorted to.
Uncontested vs Is the requirement of 3 mandatory witness mandatory?
Contested
Probate Although the Supreme Court said in the case of Azaola vs. Singson that “even if the
genuineness of the holographic will were contested, we are of the opinion that Article 811 of
our present Civil Code can not be interpreted as to require the compulsory presentation of
three witnesses to identify the handwriting of the testator, under penalty of having the
probate denied”, still in that case, the authenticity of the will was not questioned; Here, the
opposition is on (1) presence of undue influence and (2) absence of animus testandi;
Genuineness and authenticity of the execution of the Holographic Will was not contested.

In the case of Codoy vs. Calugay, however, the will was alleged to be a forgery. Even the
Supreme Court said that “A visual examination of the holographic will convince us that the
strokes are different when compared with other documents written by the testator. The
signature of the testator in some of the disposition is not readable. There were uneven
strokes, retracing and erasures on the will.” This could be the reason for the different
applications of the law in the two cases. The SC said that we cannot allow the will without
the presentation of three witnesses required by the law, because the SC is also doubtful a to
the authenticity of the will.
Additional ARTICLE 812. In holographic wills, the dispositions of the testator written below his
dispositions after signature must be dated and signed by him in order to make them valid as testamentary
the signature in dispositions.
the Holographic  Additional dispositions are made by a third person
Will o If signed by the testator/intent to adopt - the will is VOID.
o If not signed by the testator - the additional disposition should only be
disregarded

ARTICLE 813. When a number of dispositions appearing in a holographic will are signed
without being dated, and the last disposition has a signature and a date, such date validates
the dispositions preceding it, whatever be the time of prior dispositions.
Insertion, ARTICLE 814. In case of any insertion, cancellation, erasure or alteration in a
cancellation, holographic will, the testator must authenticate the same by his full signature.
erasure or
alteration Absence of signature on this cancellation
As a GR Disregard the insertion, cancellation, erasure, or alteration as if the will does not

have insertion, etc. The will, will be enforced by its original tenor disregarding the
insertions, etc.

However, in this case, the SC said that the Holographic will had only one substantial
provision which was altered by substituting the original heir with another but such
alteration did not carry the requisite of full authentication by the full signature of the
testator.

Joint Wills ARTICLE 818. Two or more persons cannot make a will jointly, or in the same
instrument, either for their reciprocal benefit or for the benefit of a third person. (669) d
Prohibition ARTICLE 819. Wills, prohibited by the preceding article, executed by Filipinos in a
applies to foreign country shall not be valid in the Philippines, even though authorize]d by the laws of
Filipinos in the country where they may have been executed. (733a)
Foreign Country
Joint will If the joint will is made by a foreigner in the Philippines. Would that be valid?
executed by
foreigner FIRST VIEW: VALID. Under Article 817 if the testator is a foreigner and He made will in
accordance with the law of his country or his nationality, that will would be valid. If the
foreigner executes a joint will in PH and his law national law allows joint will, that will is
valid.

SECOND VIEW: NOT VALID. Because it is made in the Philippines and under our laws,
joint wills are not allowed. Under the third paragraph of Art. 17 of the Civil Code, if we are
referring to prohibitive laws which have for their object protection of public policy – our
laws should not be subordinate to the laws of the foreign country. So even if that national
law of the testator allows joint wills but our laws do not allow joint wills and it is executed
here by the foreigner. That joint will would not be recognized here in the Philippines. These
are the two views on this matter, this is yet to be tested by jurisprudence .

What if the joint will was executed by a Foreigner husband and a Filipina wife.
Wherever that will is executed, that will is not valid. But insofar as that foreigner spouse is
concerned, it would depend where he made the will – we can apply Art. 816, 17 and Article
817 of the CC.

Witness to wills/ ARTICLE 820. Any person of sound mind and of the age of eighteen years or more, and
Qualifications not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a
will mentioned in article 805 of this Code. (n)
Disqualifications. ARTICLE 821. The following are disqualified from being witnesses to a will:
1. Any person not domiciled in the Philippines;
2. Those who have been convicted of falsification of a document, perjury or false
testimony. (n)

Witnesses in wills  Witness in court need not have the same qualifications as that of the
vs Witnesses in attesting witnesses.
Courts  In general, qualifications of witnesses as provided under sec. 20, rule
130 of rules of court: all persons who can perceive, and perceiving, can
make known their perception to others, may be witnesses.
 In the probate of holographic wills, all you need are witnesses who know
the signature and handwriting of testator or expert witnesses.
 In probate of notarial wills, other witnesses may be allowed if the
subscribing witnesses are dead, or insane, or none of them resides in the
Philippines.
Lawyers who are Lawyers are not disqualified from being witnesses to a will (Tanchanco vs. Garcia Santos
witnesses to wills [G.R. No. 204793, June 8, 2020])

Further, a lawyer who has drafted the notarial will for as long as he has not acted as notary
public is not disqualified.
Heirs who are For Voluntary Heirs
attesting GR: the Will is valid but the heir, legatee, devisee, or a spouse forfeits their share
witnesses who are XPN: If there are more than three witness, the voluntary heir is not counted
also heir, legatee,
devisee, or a For Compulsory Heirs

spouse GR: He can still receive his part in legitime
XPN: Cannot received whatever is over and above his legitime.


WILLS AND CODICIL
Codicil Art. 825,CC - A codicil is a supplement or addition to a will, made after the execution of a
will and annexed to be taken as a part thereof, by which disposition made in the original will
is explained, added to, or altered.
Codicil vs New Codicil New will
Will
Taken part of a (an old) will A new will exists independently of the
original will.
Explains, adds to, supplements, and alters the No regard to the previous will.
provisions of the original will.
May revoke only a part of the original will Entire previous will is revoked as a general
rule
Original Will and codicil are taken as one The new will is separate and revokes the
previous will.
REVOCATION
Revocation Art. 828, CC - A will may be revoked by the testator at any time before his death. Any
waiver or restriction of his right is void.
Modes of Modes of revocation
revocation 1. By Implication of law or Operation of Law
 Testator performs an act and the law provides that there is revocation

2. By subsequent document or instrument through will, codicil or writing executed
as provided in case of will
a. Express revocation - the 2nd will contains a revocatory clause (Art. 381
b. Implied Revocation - provisions in the 2nd will is completely
incompatible with the 1st will
 Requisites:
1. There must be testamentary capacity AT THE TIME of revocation;
2. The subsequent instrument must be valid;
3. The subsequent will or instrument must contain a revocatory clause or be
incompatible with the former will thereby showing intent to revoke;
4. The subsequent will or instrument must be admitted to probate.

3. By means of overt act such as burning, tearing, cancelling, or obliterating (acts
mentioned under Art. 830 (3), CC)

 Requisites
1. The testator has testamentary capacity AT THE TIME of performing the
act;
2. The act must be any of the overt act mentioned under Article 830;
3. The act must be a completed act (at least a completion of the subjective
phase of the overt act);
 GENERAL RULE: Even if the tearing is not complete or the
burning is not complete then there is an act of revocation.
 EXCEPTION: When the testator starts burning his will but he
realized that he really does not want to revoke his will. So before
the will is completely burned, he desist from burning and that is
voluntary desistance on his part. In this case, even if the will
contains a slight burn or slight tear there is NO ACT OF
REVOCATION because of the voluntary desistance by the
testator.

4. There must be intent to revoke or animus revocandi
 Act must be coupled with intent to revoke; Intent alone without act will not
give rise to revocation

5. The revocation must be done by the testator himself or by some other persons
in his presence and under his express direction.

 What should be proven during the probate of a lost or destroyed notarial will:

1. Establish compliance with the formalities required by law under Articles
804-809 of the NCC;
2. Prove that the will was inexistent at the time of the death of the testator or
that it was fraudulently destroyed or lost without the knowledge of the
testator or it was accidentally lost or destroyed by the testator without
intent to revoke;
3. Prove the contents clearly and distinctly by copies or without copy by
recital of content by some document or the testimony of the witnesses.
 Presumption that the testator destroyed the will

1. Where a will which cannot be found is shown to have been in the
possession of the testator, when last seen, the presumption is, in the
absence of other competent evidence, that the same was cancelled or
destroyed
2. The same presumption arises where it is shown that the testator had ready
access to the will and it cannot be found after his death. (GAGO vs
Mamuyac)
Doctrine of A probated new will, although valid, may become inoperative or ineffective due to the
Absolute incapacity of the heirs, devisees or legatees. This fact notwithstanding, the revocation of the
Revocation (Art. previous will remains effective. The reason is that the revoking will is valid except that it
832, CC) was rendered inoperative.
Revocation of a Revocation by Overt Act.
will a will based on  There is no revocation by overt act if the destruction of the first will was prompted
false cause (Art. by a false belief that the subsequent will executed was valid.
833, CC)  Under the Doctrine of Dependent Relative Revocation
o Where the act or destruction is connected to the making of a will so as to
squarely raise the inference that the testator meant the revocation of the old
would depend upon the efficacy of the new disposition and if for any
reason the new will intended to be made as a substitute is inoperative, the
revocation fails and the original will is in full force and effect.

Revocation by subsequent instrument
 Falsity/False Cause must be stated in the face of the will
Republication vs REPUBLICATION REVIVAL
Revival
It is the re-establishment by the testator of It is the re-establishment to validity by
previously revoked will or one invalid for operation of law of a previously revoked
want of proper execution as to form or for will
other reasons so as to give validity to said
will
It involves the act of the testator It involves the act of law, operation of law
There is a will previously revoked or a will A will previously revoked
valid as to form or a will invalid for any
other cause
Principle of When the will is EXPRESSLY revoked by a 2nd will
Instanter (Art.  the revocation of the 2nd will by the 3rd will will not revive the 1st will. This is
837, CC) because revocation takes effect immediately

When the will is IMPLIEDLY REVOKED by a second will.
 There is revival if the first will is IMPLIEDLY REVOKED by a second will

PROBATE OF WILL
Probate (Art. 838, Art. 838. No will shall pass either real or personal property unless it is proved and
CC) allowed in accordance with the Rules of Court.
Nature of the Maninang vs. CA (114 SCRA 478)
Probate Proceeding Because public policy requires it for unless the will is Probated and notice thereof given to
the whole world, the right of a person to dispose of his property by will may be rendered
nugatory.

TANCHANCO vs. GARCIA SANTOS G.R. No. 204793, June 08, 2020
It is settled that "the law favors testacy over intestacy" and hence, "the probate of the will
cannot be dispensed with. Article 838 of the Civil Code provides that no will shall pass
either real or personal property unless it is proved and allowed in accordance with the Rules
of Court. Thus, unless the will is probated, the right of a person to dispose of his property
may be rendered nugatory." In a similar way, "testate proceedings for the settlement of the
estate of the decedent take precedence over intestate proceedings for the same purpose."

 A probate proceeding is an in rem proceeding. Thus, one cannot alleged that he
was not informed of the same.
 The principle of estoppel does not apply to probate proceedings
 The right to ask probate does not prescribe
 Action for annulment of will is not allowed.

Intervention/ Who may be allowed to intervene in a probate proceeding/ opposed the probate of the
Opposition in the will
probate of will  Must be an interested party or one who would be benefited by the estate such as an
heir
 One who has a claim against the estate like a creditor, and whose interest is
material and direct not merely incidental or contingent.
Summary NOTARIAL HOLOGRAPHIC
Uncontested  testimony of one  testimony of one witness who
subscribing witness knows the signature
And handwriting of testator

 expert testimony may be resorted
to.
Contested  all the subscribing  at least 3 witnesses who know the
witnesses. and the notary signature and handwriting of
public must testify testator.

 if insane, dead, absent in  expert testimony
the due Phils., testify
against due execution,
do not remember having
attested, or of doubtful
credibility, testimony of
other witnesses may be
allowed

Stages in Probate 1. Anti-Mortem
2. Post-Mortem
a. Probate proper - extrinsic validity of the will
1. Whether the instrument offered for probate is the last will and testament of
the decedent - a question of identity;
2. Whether the will was executed according to the formalities required by law -
a question of due execution;
3. Whether the testator had testamentary capacity at the time of execution - a
question of testamentary capacity.
b. Inquiry into the intrinsic validity and distribution of property

TANCHANCO vs. GARCIA SANTOS G.R. No. 204793, June 08, 2020
The main issue which the court must determine in a probate proceeding is the due execution

or the extrinsic validity of the will as provided by Section 1, Rule 75 of the Rules of Court.
The probate court cannot inquire into the intrinsic validity of the will or the disposition of
the estate by the testator. Thus, due execution is "whether the testator, being of sound mind,
freely executed the will in accordance with the formalities prescribed by law" as mandated
by Articles 805 and 806 of the Civil Code.
When can there be GR: Probate is a proceeding intended to determine only the extrinsic validity of the will.
examination of
intrinsic validity of XPN: When there is pretiretion
the will  It happens when compulsory heir in the direct line is omitted in the will
 If the will only consists of institution of heirs and there is pretiretion, there is
nothing in the will that may be given effect
 However, if the heir was given a donation, there is no preterition (advances to the
legitime)

XPN TO THE XPN (the court must still proceed with the probate of the will.
 When there are specific legacies and devises
o As long as inofficsious
 When it is an anti-mortem probate

ARANAS vS. MERCADO, ET AL.
G.R. No. 156407, January 15, 2014
GR: The probate court is authorized to determine the issue of ownership of properties for
purposes of their inclusion or exclusion from the inventory to be submitted by the
administrator, but its determination shall only be provisional
XPN:
 the interested parties are all heirs of the decedent
 the question is one of collation o advancement
 the parties consent to the assumption of jurisdiction by the probate court and the
rights of third parties are not impaired.


DISALLOWANCE OF WILL
Grounds for 1. If the formalities required by law have not been complied with (Arts. 804-809);
Disallowance of the 2. If the testator was insane, or otherwise mentally incapable of making a will, at the time
Will of its execution;
3. If it was executed through force or under duress, or the influence of fear, or threats
(Arts. 1334 and 1335);
4. If it was procured by undue and improper pressure and influence, on the part of the
beneficiary or of some other person;
5. If the signature of the testator was procured by fraud (must refer to the nature of the
instrument or its contents);
6. If the testator acted by mistake or did not intend that the instrument he signed should be
his will at the time of affixing his signature thereto. (n)

7. Items 3-6 refers to vices of consent. In contrast to contracts (voidable), here, the will
will be disallowed.
Revocation vs Revocation Disallowance
Disallowance
Voluntary act of the testator Means of judicial decree
With or without cause Must be any of the causes provided by law
May be partial or total Generally total except where fraud or undue
influence affect s only a part of the will
During the lifetime of the testator Usually after invoked after testator's death
Preterition is the total omission generally due to mistake or oversight by the testator in his will of one,
some or all of the compulsory heirs in the direct line living at the time of the testator's
death.
 Omission may be voluntary or involuntary
Requisites of 1. The omission from inheritance must be total or complete
Preterition a. If he is not given anything in the will
b. The will must dispose of the entire estate. There is nothing left that can be
given to the heir by way of intestacy or legal succession.
2. The omitted heir must be a compulsory heir in the direct line
a. Insofar as the widow is concerned, Article 854 may not apply as she does not
ascend or descend from the testator, although she is a compulsory heir. Even if
the surviving spouse is a compulsory heir, there is no preterition even if she is
omitted from the inheritance, for she is not in the direct line.
b. The same thing cannot be said to a legally adopted child. Adoption gives to
the adopted person the same rights and duties as if he were a legitimate child
of the adopter and makes the adopted person a legal heir of the adopter.

The omitted heir did not receive anything from the testator inter vivos that could be
considered as an advance to the legitime.
The omitted compulsory heir must survive the testator.
Effects of 1. It shall annul the institution of heirs (article 845)
Preterition 2. The legacy or devices shall be valid in so far as they are not inofficious
Preterition vs PRETERITION DISINHERITANCE
Disinheritance
Preterition consists in the omission in the Disinheritance is a testamentary
testator's will of the forced heirs or anyone disposition depriving any compulsory heirs
of them, either because they are not of his share in the legitime for a cause
mentioned therein, or, though mentioned, authorized by law.
they are neither instituted as heirs nor are
expressly disinherited.
Xpn to the Rule on probate proper where Determined after probate proper or where
only extrinsic validity of the will is in there is already an extrinsically valid will.
issue; can be determined during probate
proper

INSTITUTION AND SUBSTITUTION OF HEIRS
Substitution Art. 857 . Substitution is the appointment of other heir so that he may enter into the
inheritance in default of the heir originally instituted.
Kinds of 1. Simple substitution (direct substitution), which may be:
substitution a. Vulgar - the testator may designate one or more persons to substitute the heir or
heirs instituted in case such heir or heirs should die before him, or should not
wish, or should be incapacitated to accept the inheritance.
b. Brief - two or more persons may be substituted for one
c. Compendious - one substitute for two or more heirs.
d. Reciprocal - the instituted heirs are also the substitutes of each other

2. Fideicommissary (indirect substitution) - the fiduciary or first heir instituted is
entrusted with the obligation to preserve and to transmit to a second heir the whole or
part of the inheritance, shall be valid and shall take effect, provided such substitution
does not go beyond one degree from the heir originally instituted, and provided
further, that the fiduciary or first heir and the second heir are living at the time of the
death of the testator.

In simple substitutions, the second heir takes the inheritance in default of the first heir by
reason of incapacity, predecease or renunciation. In a fideicommissary substitution, the
first heir is strictly mandated to preserve the property and to transmit the same later to the
second heir.
Institution of Heirs 1. Simple or pure - not subject to a condition, term or burden
2. Conditional - (Art. 871-877, 883-884)
3. With a term - (Arts. 878, 880-881)
4. Modal - (Arts. 882-883)
Rule of RULES OF INTERPRETATION:
interpretation  When there is doubt if it is a mode or condition: construed as modal following the
principle that testamentary dispositions are acts of liberality
 When there is doubt as to the existence of a modal institution: not considered as a
mode but merely as a suggestion or discussion which the heir may or may not
follow, in keeping with the nature of testamentary dispositions as acts of liberality.
For a statement to be considered as a mode, it must have coercive or obligatory
force
LEGITIME
Legitime Art. 886. Legitime is the part of the testator's property which he cannot dispose of because
the law has reserved it for certain heirs, who are, therefor, called compulsory heirs.
Compulsory Heirs 1. Legitimate children and descendants, with respect to their legitimate parents and
ascendants;
2. In default of the foregoing, legitimate parents and ascendants, with respect to their
legitimate children and descendant
3. The widow or widower;
4. Illegitimate children
 In all cases of illegitimate children, their filiation must be duly proved in
accordance with rules prescribed under the Family Code

Burdens on the Gen. Rule: No burden, condition, charge, encumbrance imposed upon the legitime.
legitime Exceptions:
A. Reserva Troncal
 The legitime is subject to reservation in favor of the reserves (Art. 891).
B. Partition
 The testator may prohibit partition of the property for a period not exceeding 20
years even if the property constitutes the legitime of the heirs (Art. 1083).
Reserva Troncal  The process by which an ascendant who inherits by operation of law from his
descendant which the latter may have acquired by gratuitous title from another
ascendant or a brother or sister, is obliged by law to reserve such property for the
benefit of third degree relatives who belong to the line from which the property came
from;

 Purpose of which to prevent the accidental transfer of property/wealth from one line
to another line

 Ascendant (Origin) - an ascendant or a half brother or sister who belongs a line
different to the reservor
 Descendant Prepositus - the person whom the origin transfers the property
gratuitously
 Reservatario/Reservor - an ascendant (to the direct line i.e., parents, grandparents;
so an aunt is not allowed in accordance to the case of Mendoza et al vs Delos Santos)
of the prepositus to whom the property is transferred by operation of law
o The happening of the a resolutory condition (death of the reservor) transfer the
property to the reservista
 Reservista/reservees - third-degree relatives of the descendant prepositus coming
from the line of origin
o The rule on proximity is followed
o Descendants are favored over descending line
Valuation of 2 Theories on the Value of the Reserva:
Properties in 1. Under the theory of RESERVA MAXIMA, all that can be embraced or included in the
Reserva legitime shall be considered as reservable property. (but must only be limited on the
legitime portion)
2. Under the theory of RESERVA MINIMA, only HALF of the property received from
the origin to the descendant is transferred to the ascendant reservor as legitime. (the
reserva is Half for the legitime, half for the free portion)

 The reserva maxima theory is more in keeping with Article 891. Reserva minima is
more in keeping with equity and justice. What is followed is reserva minima.
 IF THERE IS NO WILL:
 The entire property which came from the other ascendant is reservable
because the entire property was transferred to the ascendant by operation of
law because there is no will. So, the entire P 500,000 is reservable from the
first example Rd) the entire P1,000,000 is reservable from the second
example if there was no will.
 When there is a will
 only that part which corresponds to the legitime is transferred by operation
of law.
 But if there is no will then everything is reservable.
Delayed Intestacy When the resolutory condition of the reserva is fulfilled, the properties are distributed to the
Theory reserves as if they are inheriting from the prepositus at the time of fulfillment of the
condition. Since there is no will, then the reserves inherit by virtue of intestate succession, the
decedent being the prepositus; thus the name Delayed Intestacy.
Extinguishment of 1. Upon the death of reservor;
reserva 2. Upon the death of ALL the would-be reserves ahead SPthe reservor;
3. Upon the loss of the reservable properties without the fault or negligence of the
reservor.

4. By prescription
 There must be valid repudiation by the reservor against the reservees
5. Upon registration under the Torrens System as free from the reservation
6. Upon reservation or waiver by all reservees after the death of the reservor

7. Reservable property is not extinguished by the government. It will just continue on the
indemnity or just compensation
8. If the reservable property is insured and then, destroyed, there is reserva on the
insurance indemnity or proceed thereof/

CASES DISCUSSED IN THE PRE-WEEK LECTURE FOR #CAGUIWOW
Salitico vs Heirs Discussion:

of Felix  An heir can sell hereditary share during the pendency of probate
G.R. No. 240199, o Upon death of the deceased, heir becomes the absolute owner of the share in
April 10, 2019 inheritance
o At the moment of death succession occurs
 But to compel issuance of new Certificate of Title covering the property sold, there must be
a final order of distribution of the estate
o Absence of the order, the ROD cannot be compelled to cancel the old title and
issue a new TCT
RULING
- Hence, reading Article 777 of the Civil Code together with the pertinent provisions of PD 1529 and
the Rules of Court, while an heir may dispose and transfer his/her hereditary share to another person,
before the transferee may compel the issuance of a new certificate of title covering specific property in
his/her name, a final order of distribution of the estate or the order in anticipation of the final
distribution issued by the testate or intestate court must first be had.
- Therefore, despite the existence of a valid contract of sale between Resurreccion and the petitioners
Sps. Salitico, which ordinarily would warrant the delivery of the owner's duplicate copy of OCT P-
1908 in favor of the latter, pending the final settlement of the Estate of Amanda, and absent any order
of final distribution or an order in anticipation of a final distribution from the Probate Court, the RD
cannot be compelled at this time to cancel OCT P-1908 and issue a new certificate of title in favor of
the petitioners Sps. Salitico
Treyes vs Larlar Discussion:

G.R. No. 232579,  Title or rights to deceased person's property are immediately passed to his/heirs upon death
September 08,  Rights of heirs immediately vest without need to be declared as heirs
2020  The Civil Code Identifies compulsory heir and brothers/sisters are among them.
 Hence, there is no Necessity of a Prior
Determination of Heirship in a Separate Special
Proceeding
 Successional rights siblings are not merely contingent or expectant, they vests upon death
 As legal heirs, the are entitled to institute an action to protect their interest in ownership and
rights acquired by virtue of succession

Ruling:
 Given the clear dictates of the Civil Code that the rights of the heirs to the inheritance vest
immediately at the precise moment of the decedent's death even without judicial declaration
of heirship, and the various Court En Banc and Division decisions holding that no prior
judicial declaration of heirship is necessary before an heir can file an ordinary civil action to
enforce ownership rights acquired by virtue of succession through the nullification of deeds
divesting property or properties forming part of the estate and reconveyance thereof to the
estate or for the common benefit of the heirs of the decedent, the Court hereby resolves to
clarify the prevailing doctrine.
Guia vs Cosico Ruling:
G.R. No. 246997, Article 808 of the Civil Code requires that the contents of a last will and testament be read to the
May 05, 2021 testator twice, once by one of the subscribing witnesses, and again, by the notary, viz.:

 Article 808. 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. (n)

While the law imposes the requirement only when the testator is blind, the Court has expanded its
coverage to those who are illiterate. Alvarado elucidates:54

 The following pronouncement in Garcia vs. Vasquez55 provides an insight into the scope of
the term "blindness" as used in Art. 808, to wit:

o The rationale behind the requirement of reading the will to the testator if he is blind or
incapable of reading the will himself (as when he is illiterate), is to make the provisions
thereof known to him, so that he may be able to object if
they are not in accordance with his wishes . . .


 Clear from the foregoing is that Art. 808 applies not only to blind testators but also to those
who, for one reason or another, are "incapable of reading the(ir) will(s)."

Here, there was substantial compliance when
1. Atty. Bueser read and explained the contents of the Huling Habilin at Pagpapasiya to
Cecilia.
2. Meanwhile, Liberato and Reynaldo listened and understood the explanation of Atty. Bueser.
3. It is also undisputed that Cecilia made no denial or correction to what she had heard.

As such, we are convinced that the underlying protection of Article 808 had been fulfilled here.
Rivera vs Discussion:
Villanueva If the deceased died during the effectivity of the Civil Code, the provisions of the Civil Code shall be
G.R. No. 197310, applicable.
June 23, 2021  Article 895. The legitime of each of the acknowledged natural children and each of the
natural children by legal fiction shall consist of one-half of the legitime of each of the
legitimate children or descendants.

The legitime of an illegitimate child who is neither an acknowledged natural, nor a natural
child by legal fiction, shall be equal in every case to four-fifths of the legitime of an
acknowledged natural child.

The legitime of the illegitimate children shall be taken from the portion of the estate at the free
disposal of the testator, provided that in no case shall the total legitime of such illegitimate
children exceed that free portion, and that the legitime of the surviving spouse must first be
fully satisfied.

Only Children born outside wedlock whose parents are without impediment to marry are considered
natural.

Ruling:
 Flora, Ruperto, Virgilio and Donato, Jr. cannot be considered as acknowledged natural
children of Donato, Sr. Children born outside wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other, are
natural.61 While they are acknowledged or recognized, Flora, Ruperto, Virgilio and Donato,
Jr. are not natural children. They are only acknowledged illegitimate children of Donato, Sr.

 Pursuant to the second paragraph of Article 895, the legitime of Flora, Ruperto, Virgilio and
Donato, Jr., being illegitimate children, shall consist of 4/5 of the legitime of an
acknowledged natural child. The legitime of an acknowledged natural child shall consist of
1/2 of the legitime of each of the legitimate children or descendants. Thus, the legitime of
Flora, Ruperto, Virgilio and Donato, Jr., shall consist of 4/5 of the legitime of
acknowledged natural child.
Mayuga vs Discussion:
Atienza For Preterition to exist, there must be a will.
G.R. No. 208197,
January 10, 2018 Ruling:
As explained by Justice Eduardo P. Caguioa:
 Preterition consists in the omission in the testator's will of a compulsory heir in the direct
line or anyone of them either because they are not mentioned therein or although mentioned
they are neither instituted as heir nor expressly disinherited. The act of totally depriving a
compulsory heir of his legitime can take place either expressly or tacitly. The express
deprivation of the legitime constitutes disinheritance. The tacit deprivation of the same is
called preterition.

 In order that there be preterition, it is essential that the heir must be totally omitted. This is clear
from the wording of this article in conjunction with Article 90660. x x x61

 Summarizing, therefore, total omission means that the omitted compulsory heir receives
nothing under the will, whether as heir, legatee or devisee, has received nothing by way of
donation inter vivos or propter [nuptias], and will receive nothing by way of intestate
succession.

Although Araceli was a compulsory heir in the direct descending line, she could not have been
preterited.
 Firstly, Perfecto left no will. As contemplated in Article 854, the presence of a will is
necessary.

 Secondly, before his death, Perfecto had properties in Limon, Rizal which was almost 50
hectares, part of which was developed for residential and agricultural purposes, and in
Odiongan.
 Araceli could not have been totally excluded in the inheritance of Perfecto even if she was
not allegedly given any share in the disputed two lots.
Aquino vs Discussion
Aquino Children, regardless of circumstances of birth are qualified to inherit from their direct ascendant by
right of representation.
 In the same way that they receive support from their grandparent.

When a non-marital child seeks to represent their deceased parents to succeed from grandparent's
estate, Art. 982, CC applies.
 Art. 982, does not make any distinction as to marital/non-marital grandchildren and will
protect the rights of the predeceased child to the legitime.

Note:
 Applies only to Illegitimate Children and Right of Representation
 Rule is silent on collateral relatives
 Direct ascendants only not collateral
Bernardo vs Discussion:
Fernando Article 173 of the Family Code, an action to claim legitimate filiation is strictly personal to the child
G.R. No. 211034, whose filiation is in question, and he or she may exercise such anytime within his lifetime. The only
November 18, three instances when such right passes to the child's heirs are: (1) when the child dies during
2020 minority; (2) when the child dies in a state of insanity; or (3) when the child dies after the
commencement of the action.

Ruling:
In this case, petitioners seek to establish the legitimate status of their mother, Barbara. However,
although there is a mention of Barbara's passing, there is nothing in the records of the case which
would show that Barbara had died under any of the circumstances outlined under Article 173, which
would have transmitted the right to claim her legitimate status to her heirs, herein petitioners. Given
that petitioners here seek to prove Barbara's legitimate filiation to Jose Chiong absent any of the
three circumstances under Article 173, they may not be considered to have the standing to pursue the
same.


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INTER VIVOS VS MORTIS CAUSA

1 LaMiTips by a Lami Person

2 LaMiTips by a Lami Person

Purely personal rights

3 LaMiTips by a Lami Person

4 LaMiTips by a Lami Person

GR: DEATH OPENS SUCCESSION

5 LaMiTips by a Lami Person

6 LaMiTips by a Lami Person

8 LaMiTips by a Lami Person

9 LaMiTips by a Lami Person

Testamentary power to execute wills granted by the State to its subjects.

10 LaMiTips by a Lami Person

11 LaMiTips by a Lami Person

Generally 1. Test of Vision

12 LaMiTips by a Lami Person

13 LaMiTips by a Lami Person

14 LaMiTips by a Lami Person

15 LaMiTips by a Lami Person

16 LaMiTips by a Lami Person

17 LaMiTips by a Lami Person

 Presumption that the testator destroyed the will

18 LaMiTips by a Lami Person

19 LaMiTips by a Lami Person

20 LaMiTips by a Lami Person

21 LaMiTips by a Lami Person

22 LaMiTips by a Lami Person

23 LaMiTips by a Lami Person

24 LaMiTips by a Lami Person

Salitico vs Heirs Discussion:

Treyes vs Larlar Discussion:

25 LaMiTips by a Lami Person

26 LaMiTips by a Lami Person

27 LaMiTips by a Lami Person

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