Reviewer in Succession – FINALS

MAKE A REVIEWER NOW!!!! OUT OF ALL THE CASES. 1 SENTENCE RULE ANG ANSWER.

Find the BAR q and A –

1. UST 2023

November 30.. all reviewers must be done

take a 3 days leave, ayusin ang

Always follow directions ariel 1.5 spacing

Only 8 passed, huwag ulitin ang facts sa answer (IN THIS CASE) 1 sentence answer only. 2 pages ay
okey na.

Huwag gumamit ng probation

Do not use dead person and probation

What will ?
Yes the will is probated.
Former Filipino citizens, later migrated to Canada. No longer a Filipino citizen
Tip its better if you draw a family tree – finals allowed ito.
Austria vs. Reyes

Hindi naman kasi totoong inampon yan. According to the supreme court, it was not stated that they
were instituted but the cost was not mentioned. Could not be upheld by the supreme court

Heirs of the Late Matilde

The mere fact that the sister is not mentioned in the will will annul it. There is no preterition here
because there is a sister, preterition concerns to direct line only. Read codal on preterition

De Belen vs. BPI

IN re will leodegracia

**********The supreme court erred in making the intestate proceedings. The agreement of the
spouses if valid. For example father died mother is alive they have 4 children. 1 approaches you,
Atty my mother lola nena is 88 years old. Pwede po kaya na hindi na ipangalan sa kanya kasi po
magpapalipat ulit. Pwedeng hindi nalang.. answer: its possible, this is now the renunciation comes
in. lola nena can renounce her heir, even though there is compulsory heir renounces her share, the
will is valid. The provisions of the will which are invalid will be stricken off and the valid probations
will remain.

Can renunciation be done in favor of all the heirs? It can be done either way. To whom her share
will be favored to. Remember, tax avoidance petition. When an estate passes you have to pay
estate tax.

FINALS *************

Nuguid vs nuguid

Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in
the direct line, whether living at the time of the execution of the will or born after
the death of the testator, shall annul the institution of heir; but the devises and
legacies shall be valid insofar as they are not inofficious.

If the omitted compulsory heirs should die before the testator, the institution shall
be effectual, without prejudice to the right of representation.

Remember the case ng sisters without preterition. Hindi direct line ang
Assignment 10-14

Volunteer next meeting after ng mga bagsak 4 na tao.

Volunteer on the 5th and 6th case

Type all what she said in the recording

GARCIA, Petitioners, v. OROZCO, Respondent

According to the Rules of Court, it stated that "After the death of one of the spouses, in
case it is necessary to sell any portion of the community property in order to pay
outstanding obligations of the partnership, such sale must be made in the manner
and with the formalities established by the Rules of Court for the sale of the property
of deceased persons. Any sale, transfer, alienation or disposition of said property
effected without said formalities shall be null and void, except as regards the portion
that belongs to the vendor as determined in the liquidation and partition.

In this case, the formalities required by the law were not followed by the widow. Here
the assets of Epifanio and Albina consisted of numerous lots and properties aside
from the lands in question, and until a liquidation and partition was made upon the
death of Epifanio, there is no particular lot or property can be assigned to the widow
or to the heirs of Epifanio.

Sumaya v. IACG.R. No. 68843-44 September 2, 1991

NO. The Honorable Court disagreed with the disposition of the appellate court that there is
no need to register the reservable character of the property, if only for the
protection of there serves against innocent third persons. In this case, the affidavit of self
adjudication executed by Consuelo Vda. de Balantakbo which contained a statement that
the property was inherited from a descendant, Raul,which has likewise inherited by the latter
from another ascendant, was registered with the Registry of Property. The failure of the
Register of Deeds to annotate the reservable character of the property in the certificate of
title cannot be attributed to Consuelo. As to the sale of subject properties, the Court affirmed
the order of lower courts against plaintiff Agro Industrial Coconut Cooperative to convey the
subject properties back to reservatarios.

reserva truncal - The ascendant who inherits from his descendant any property which the
descendands have acquired by gratuitous title from another ascendant, or a brother or sister,
is obliged by the law to reserve the property to relatives who are within the third degree and
who belong to the line from which the property came from. (Art. 891)

TESTATE ESTATE OF PABLO VS. LIM

In this connection appellants invoke article 751 of the Civil Code, which provides that "a
disposition made in general terms in favor of the testator's relatives shall be understood as
made in favor of those nearest in degree."

Difference of simple substitution and commissary substitution

Finals.. allowed ang pen and paper

Practice drawing of family tree

Double cam again

YOU DID NOT PASS THE EXAMS IN MIDTERMS DO GOOD IN FINALS

1. Even though there is no name indicated if It can be easily decerned, then the will is valid.

2. both sides may tita baby. I am living tita baby my house in tagaytay.

Rule:

a. other proof including ****evidence allunde.

The question is now brought up in probate. You are trying to ascertain who is tita baby, for
example, steven has 2 tita babies. Then he said to his tito Mario, tita baby 1 will get the house in
tagaytay.. is this admissible? No, because it has no evidence. Tito Mario has no personal
knowledge even though he heard it.

The evidence allunde is for example tita baby 1 is paying the tax to maintain the house for 20
years. Tita bby 1 has a connection in the house of tagaytay. She should be the one to inherit

2. non of them is an heir – article 844 paragraph 2. Let say that tita baby are all santos, lahat
married. Nakalagay sa will tita baby santos, married will get the pajero. What will happen tot hat
pajero, it will now form part to the disposable free portion, the legal heirs, intestate

3. what if there is an error in the name – in any other manner to know the certainty that evidence
allude. Example : I will give my pajero to Atty ma. Vidia briones lago. Show the roll of atty na
written ang name na ma. Vidia b. largo. So this can be evidence allunde.

4.if the child has not been born when he died. That kind of institution is invalid. The instituted heir
h=shuld be living at the time

*****5. example the first child of cousin grabrielle who passed na BAR exam will enherit the car.
When will he get the car? If he passes the BAR exam. But the child did nopt pass the BAR. *****Is
the institution valid? NO. since the institution itself is valid but the condition is not met.

6. when the will states that, I will give 300,00.00 form the disposable free portion will be giving to
angat buhay foundation. Is that a free protion? YES. That isntituition is valid. The mere fact that it
its not a individual to whom the legacy is given. If class of persons or group can still be identified.

It will all depend on the free portion if any.

7. institution base on a false cause – considered not written.

I am instituting atty Nadine de guzman who is my beloved professor. but it turns out that
everyone knows that you hate me. Remains valid.

Example I am giving 500K legacy to Mr Daniel Padilla because he is loyal and faithful. Napatunayan
na niloko si Kathryn, will his institution as an heir be voided? NO. his institution as an heir with the
legatee of 500K is still valid.

Example: I am instituting Mr. Steven Dela Cruz 1Million because he is handsome. When you see
Mr dela cruz is not handsome. Now it is proven that Mr. dela cruz is not handsome, will his
institution be revoked?

No. it is still valid.

8. general rule, false cause is considered not written, institution of the heir is still valid. You cannot
fault Mr. dela cruz is not handsome.

In the exeption, I am instituting Mr. Steven Dela Cruz because he is my half brother. It was
proventhat Mr. Dela Cruz is not a half brother. What will happen. It will now be annulled, Mr. Xela
Cruz will ot get anything already.

9. general rule, institution of false cause if opinion.. who is handsome, who is intelligent…
exception, cases that are easily proved like half brother.

10. preterition – an omission of compulsory heir , there is a will, It requires a will, a compulsory
heir form the will did not recive any part from the inheritenace

Question: Steven is a brother of Daniel. No legacees no devices, preterited heir is the one
complaining.

Question: who are compulsory heirs in preterition: the ascending and descending heir only. A
spouse is not a compulsory heir. They cannot be preterited

Aunts and unlces, can they complain that they are preterited?NO Why? because they are not in
the collateral line.

Question: how about adoption, can a legally adopted child can say that he is preterited. YES.
Adoption creates a legitimate relationship between adopter and adopted. In the law, the adopted
child can get all the benefit of a child. An adopted child can say that he was preterited.

Question: if both ascendants and descendants are present, the ascendants complained that all are
left to the descendants. Ascendants only inherit in the absence of descendants. Veen though both
paternal and maternal line, they cannot say that they can be preterited.
Ascendants only inherit in the absence of descendants . example daddy and mommy and son A
was left. In the will son a will inherit everything , daddy and mommy will go to court why they are
deprived of legitime. Is their contention correct? NO. because ascendants can only inherit in the
absence of descendants.

A surviving spouse is not a compulsory heir in regards in preterition? Answer. NO. because those
involve in the preterition are those involving in the ascending and decending line

There is no preterition if the testator . there is none preterition because half of her legitime what
ms briones can now.

Another example is when the heir , donation inter vivos, such donation is considered advance,

Example Daddy A donated 200k to son A when he passed the bar. Son Atty A. was left to daughter
A. donation of 2ook in favor of atty A. doctora eng. Did not get anything when he passed the
board, daddy left a will. Doctora A and engineer A will be my soul heirs. Can Atty A file for
preterition. Considering they are 3.. but atty A had already recived 200k. what he is entitled is to
compel the additional 100K.

To ensure that they will receive their legitime.

For example that a pregnant student was disowned by the family.. there are only 2 descendants.
This disowned daughter has no communication but the father died. There was a will left and
considering that I disowned my daughter. I will give 100k. can she file for preterition? NO. what
she can ask is the completion of legitime.

Assume, in the will she was not mentioned at all, it was the very good daughter, she was not
mentioned at all, can she now file for preterition. Answer: YES, she can declare that she is a
compulsory descendant and I was preterited. The legitime should be satisfied first. All legitime
shall be given to the heirs and the disposable free portion can be given to the heir.

The omiited cumpolsory heir must survive the testator, unless there is right of preterited by the
descendant. There is grandson who is living when daddy died. Can grandson A file for preterition..
If there is grandson A even though the daddy of grandson

Commissary substitution –

Simple substitution – if ms briones cannot comply with the alcohol, it will be ms largo who will be
my heir..
First heir fiduciary heir –

The second heir is the fidei commissary heir – the heir that ultimately get the property

Requirments of fidei commosiary

1. there is a to rpeserve the property – there is an obligation imposed in the preservation of the
property.

2. requierments for validity – this involves a parent and a child – not go beyond 1 degree. Child.
Parent and a child. Go down 1.

If it involdves a grandchild – fiduciary gradchild – not allowed

3. tht efiduciary and fidei commissary must be both living at the death of the testator

LEGITIME:

LEGITIME – part of hereditary – cannot be disposed of because the law has assigned them as
compulsory heir.
Example daddy a left 1Millio. daddy A left friend a 800k. 200k left to the son. The proper way is to
reduce the legacy of son a. it will be reduced accordingly to satisfy the legitime first.

1. primary compulsory heir, the descending or ascending line excludes the collateral line,
whenever,

Priority is descending and ascending line. Secondary compulsory heirs,

2. concurring compulsory heir – surviving spouse, is not a collateral or ascending line

Let say there is no descendant and ascendant only brothers and siters left can the surviving spouse
can get anything? YES. Surviving spouse is a compulsory heir.

3. will the adopted child can still be a compulsory heir? Wil that continue if the child was adopted
by another?

Example I have a child in another relationship and then got married to her husband and the
husband adopted the child..

In that case, the biological father of ny child, can now the child claim that she is a biological
daughter of her father? NO.

******Section 41-43 of RA 11642,

Predeseased – descedent – legitimes must be first satisfied,

If one of the children dies ahead. He should be represented by his children.

The total estate is 1.2 million, descendent. A pre deacease, is there a disposable free protion in tis
case? Yes 100K

Because does not have descendant

Baka lumabas sa finals

Still the same case.
In case of incapacity and that the descendant has no right of representation, B and C will not get
the 300 k unlike in the earlier case. If A has no descendants, they will get 300k each. The share of A
will now
When there is repudation involve, there is no right of representation
If all of them repudiated,the children.. the grandchildren will have equal shares.

It is the law who will dictate, who will represent

Right of represnration is present if there is predeceased and disinheritance

***PER CAPITA kapag may own right and grandchild

PER STIRPES kapag ang may right ay ang children..

IPAD succession.final.savio

Succession.final2.savio

DO MADAMING LEGITIMES

NOT EXCEED LETTER E

READ CASES – MAKE ANSWER NA SA LAHAT NG CASES ANG QUESTION AY ANG ISSUE IN THE CASE

MAY COMPUTATION – PAPER AND PENCIL ALLOWED PERO 2 CAMS PA DIN – SA LIKOD MO ILAGAY
PARA HINDI KITA NG PAPER

FINAL EXAMS FINAL LANG AFTER MIDTERMS HINDI NA KASAMA ANG MIDTERMS

2 HOURS 7-9PM ONLY – PRACTICE KA MAGSAGOT AT MAGTYPE NG 1HOUR LANG

LEGITIMES – MADAMI

CONCENTRATE ON CASES AND HANAPIN MO ANG PINAGKUHANAN NIYA NG NG MIDTERMS

UST 2023 AND ANO PA -?

GET ALL QUESTIONS SA UST 2023

Rabuya book read ang LEGITIME cases - FOCUS OF CASES

December 9

Article 916

A testator could deprive an heir for legitime

Use rabuya for finals, most

examples are from that book
Disinheritance defined; Requisites; C
Ching vs. Rodriguez; G.R. No. 192828; November 28, 2011

Ramon would have caused

For example father and son met an accident, the one who died is the passenger.. is it correct that
the other brother will seek the disinheritance of the brother who is driving.

NO. it is the testator who an make the disinheritance.

Let’s assume that the son was charged wreckless imprudence

2 crucial elements of disinheritance is

1. attempt to kill – sinadya

2. personal to the testator and the descedent

You cannot disinherit somebody, there should be a will.

2. what if the father has no will? Can still seek for the disinheritance? NO. since there is no will.

3. if the accusation is found groundless

Article 916-921

Ineffective disinheritance
Ineffective disinheritance • Pecson vs. Mediavillo;

What is the testator and the heir reconciles, before the death but is in the will. …
cancelled na ang disinheritance. Can be the heir na hindi na disinherited heir. The testator
can still make a codicil

Example: there was an attempt of the murder,

A mere sorry without any reaction could be an equivalent. Let say “im sorry I tried to kill
you. Then he left. When the father died, the son sought that he is an heir. Is it enough?
NO. since the testator sold all the property.. walang planning pamanahan si mark.
Assuming that the will is indeed revoked.. what will happen to the estate of the decident?

Legacy and devicees

Devicee – real property

Legacy – [ersonal property

Remember devicee and legacy is always in the disposable free protion – only because of a
will that is why is exists.. it is never presumed.

In the event that the testator has legacies , for example 10million and has 2 legit children
but he left a legacy for 10 million to 10 people 1 m per person. NOT allowed by the law.
Legitimes are never impaired.. thus the 10miilion the estate will be divided into 2. 2.5
million each. 5 million will be on the disposable free protion. They cannot complain that
the reduced since it its in the law. The law provides……________________

They will get equal

Let’s say Ronald said to his friemd ryan.. pare pag naaty ako bigyan kita ng 1 million ibilin
ko sa mga anak ko. Can ryan insist on the legacy allegedly left by Ronald? NO. word of
mouth cannot be acceptable.

Read the cases therein.

Legal and intestate succession,

If there is no will involve, disposable free portion

Example Ronald left a estate on 10 million , 1 son and 1 brother, in his will he said that I
am living a legacy 20,000 to my brother. 5 miilion half for the legitime. There is a
remaining 4,980,000 will be distributed by way intestate succession.
READ THE TABLE POWERPOINT

The closest degree from the desceident will be the one inheriting unless there is a written
representation.

If Ronald left a son and a grand child, he is also the one who will get intestate succession,
even though there is still

If the heirs left are descendants and ascendants.. who will inherit? The DESCENDANTS

It will come out sa finals

******** Bagunu vs. Piedad; G.R. No. 140975; December 8, 2000 7.30 minutes in

FINALS ;

RULE ON PROXIMITY

In this case walang ascendants and descendants – it’s all in the collateral line

In applying the rule of proximity, the nearer degree

A first cousin and second cousing cannot inherit together. Collateral line, brothers and
sisters, autns and uncles

For example you have 2 nieces and left by the descidents, 1 from maternal side and 1 from
paternal side. Can they inherit together? YES because they have the same degree.

SUCCESSION.FINALS.6.SAVIO IPAD

THE ADOPTED child is a legitimate child of the adoptive parents and enjoys rights like the
biological child. The adopted child will inherit more than the illegitimate child.

The correct term marital children and non-marital children

Even though the adoptive children will only the adoptive parent not the adoptive
grandparent.. because the relation is personal. Almost the same as intestate succession.
Even though the adoptive child , the adoptive parent predeceased the grandparent. The
adoptive child does not have roght of representation.. ************* adoption creates
personal relationship between the adoptive parent and the adoptive child.
New domestic adoption law,

In the philippiines it is always joint adoption, only allowed if the mother is the biological
mother and the spouse is not the biological father.

General rule. Both spouses who should adopt

Pavia vs. Iturralde; finals 8 ipad

Existence of niece and grandniece – the rule of proximity applies the nearer degree
( alamin ito..) laging binabanngit

Pascual vs. Pascual-Bautista

Take note when this case was decided

Diaz, et. al. vs. IAC

Leonardo vs. Court of Appeals

Broken line kapag hindi kasal and also kapag illegitimate ang anak

Manuel vs. Ferrer

Corpuz vs. Administrator;

Aquino vs Aquino

This case is a game changer regarding illegitimate children inherited from grandparent **********
read the whole case.. nasa BAR ito..Finals.. naiiba ito.

In this case the supreme court overturned themselves. More than a hundred years ago..
the law dictates that the illegitimate child cannot inherit from the grandparents. In this
case, it’s a fact that only the supreme court can overturn themselves. Make sure that the
latest doctrine is the latest one. It was 2021.

Pending cases 2022 can use the decision of the court in Aquino.

Do not site what is just favorable to the argument.

If anak sa labas, extramarital affair – ito lang ang illegitimate child- outside of wedlock.

Angela is not a product of extra marital affair, it’s just that the father died before they got
married.

Director of lands vs aguas – reservoir truncal – the sc did not touch the issue in the case of
Aquino.

*************Rule when we are talking about intestate succession– illegitimate

grandchild can inherit from grandparent

Do not apply Aquino vs Aquino in reserve troncal

Tolentino vs. Paras

There is existing marriage that is why the second marriage void. Not valid in the
beginning.

The legal wife will always prevail

Arcenas vs. Cinco

Heirs of the late Mario vs. Chanliongco

Benefits on conjugal property how much will the surviving spouse get.

Filomena Abellana de Bacayo vs. Gaudencio Ferraris de Borromeo,

Discussion ni Atty ..

Right of representation

Is only applicable in intestate succession ang legitim

Example Ronald left a legacy to his friend, the descendant of ryan said that….is the contention of the
child correct? NO. there is no right of representation.

Causes :

Pre deceased, incapacity, disinheritance

No right of representation in repudation regardless of how many number

A legitimate child can be represented by his legitimate ( Aquino vs Aquino)

Legitime

The right of representation

A legitimate descendant

Why one of the compulsory heir cannot inherit? Remember :

Pre deceased, incapacity, disinheritance

Always satisfy the legitime first
All of them reoudiated, when we say per capita, they are inheriting as descendants. No
right of representation. All of them in their own right, as grandchild will I nherit the 600k.
½ of the …

Correction: In case of pre deceased

Per stirpes, the children who repudiated,

In repudiation, you are not just repudiating your right

The descendants can still inherit

In pre deceased not the same – they will inherit what their ascendants have inherited
Take note of the examples

Same with intestate succession

TAKE NOTE OF THIS TABLE **********

Example # 3 ********

**********In the finals there will always be a question about disposable free portion
Half of the estate to the legitimate children, the surviving spouse will get the share of 1
child, 450 will be given to the illegitimate children. Dapat ay half ng nakuha ng legitimate
child is 225k pero kulang so reduced na lang ng divided by 3

Descendant muna, legitimate child then the legitime of the surviving spouse tapos
illegitimate child.

Exact computation during finals… ********

Combination of legitime and wills ang nasa taas
Brothers and sisters have no legitime because they are not compulsory heir.. they are on
the collateral line.

If a will is left and lives the entire estate.. to disposable free portion

Satisfy the legacy first before the

FINALS DECEMBER 18 7-9 PM 2 CAM WITH PAPER FOR COMPUTATION, PRINT THE TABLE

CAM 1 AND CAM 2

1 PIECE OF PAPER AND 1 BALLPEN

NO OTHER THINGS ON THE TABLE – IT WILL BE DEDACTED

MAKE SURE NO SOUND

SUFFICIENT NET

UNMUTED

NAME THE CAM 1 AND 2

DON NOT REPEAT THE QUESTION IN THE FINALS.

12 PAGE QUESTION HUWAG HINDI PAPASA NG BAR. SHORTEN IT

COVERAGE INSTITUTION OF HEIRS UNTIL INTESTATE SUCCESSION

READ THE CASES, REMEMBER THE POINTS

RESERVA TRONCAL – UNDERSTAND IT

BE THE HIGHEST PLEASE.. PAG BAGSAK SA FINALS HINDI NA PAPASA

NO MAKE UP FINAL EXAMS

FINAL GRADES ON JANUARY

RABUYA TEXT BOOK --- EMPHASIZED

Recording examples isulat
How to get the thirty questions.
Write rabuya muna sa 60+
Until letter E of the syllabus. Of roman numeral # 15 up until that point Order of
Succession

No questions on testate and intestate.

Testacies and devises hindi na din

Institution of heir, Substitution of heir. Kasama

Testator institutes and heir through a will

Disposable free portion

****General rule: a will shall be valid even though it should not contain an institution of
an heir or even if the institution does not compromise the entire estate.

Look for similar question in bar q and a ***Example : Ana has 1million estate, her only
heir Is her sister elsa. So elsa will get ½ of her 1M. so there’s still 500k disposable free
portion. Let’s say she made a will and he left Olaf 100K, Olaf will get 100k from the
disposable free portion . the legitime of elsa will be given first.

*****Intestate Succession

If in the will there is 100k in favor of Olaf, ther’s still 400k left in the disposable free
portion. To whom it will go? It will now go to still to elsa by way of intestate succession
because there is now no other heir. The 500k first given to elsa is legitime since she is the
compulsory heir.

Answer: *****If the will only provides for legacies or devises but no institution of heir,
the remainder of the estate after payment of the legacies and devises shall pass the legal
heirs by intestate succession. Legacies and devises are only given from the disposable free
portion . You cannot impair the legitime of the compulsory heir.

**** for example Olaf was left 300k and there are other instituted heir. There’s only 200k
left. Again you will divide the 300k to the other institution. If there is no indication of how
much an instituted heir would get , it is presumed by the law that they are going to get
equal shares. You only get a greater amount if the will specifies.
How can an heir be designated,

****as a general rule, the heir can be designated by his name and surname and even
when the name of the heir has been omitted but the testator has designated the heir in
such a manner that there can be no doubt as to who has been instituted. The institution
is valid

For example:

***** if the testator could not recall the surname of the personal secretary from the
period 1990-2010 and simple revert in the will as diversional secretary during the period
of 1990-2010, if there’s a year indicated who whom he was talking about. Let’s assume
that there is only 1 secretary during that year. So there is no doubt to the identity of the
personal secretary, even though he did not mention the name .

For example

***** my husband made a will, I’m giving this to my wife. Is there a question who the
wife is? Even though there is no name indicated if the description in the will or how the
testator describe of who the person is.

How about if the designated heir has nicknames

***what if both sides has Tita Baby. I am living tita baby my house in TAgaytay . Let’s
assume that the 2 tita babies from the same line but different side. To whom that house
in tagaytay will be given to .

*****The rule is , if two or more person has the same name, the testator must indicate
some circumstance by the instituted heir . if the testator provided in it’s will the
circumstance to identity the designated but there will be several persons having the same
names and they shall also share similar circumstances , other proof including evidence
allunde , they can use to ascertain the intention of he testator but the oral declaration of
the testator is not considered as evidence allunde. Why? the question in the identity in
the instituted heir is now brought up in probate to determine.

****for example steven has 2 tita babies and then stefen said to a certain tito Mario that
It is tita baby 1 to whom I will give my house in tagaytay. When he died, during the
probate, tito ario said that steven said to me thattita baby 1 who will get the house in
tagyatay. Is not valid?

**NO. because it is an oral declaration of the testator. Why is it not admissible? Because
tito Mario as no personal knowledge, it’s just a mere hearsay. Even though he heard it,
because the one wo really has the personal knowledge died.

****Evidence aliunde
****For example: Tita baby 1 has been cleaning the house in tagaytay for 20 years. He has
the key , and he pays the tax, she maintains the house . can there be evidence aliunde?
Yes, because there is an evidence that tita baby 1 has a connection in the house in
tagaytay. That’s the evidence aliunde

****As a general rule: if among persons having the same name and surnames, there is a
similarity of the same circumstance and no evidence can determine who the real heir is, in
such a way that even if they present an evidence and there is no way to prove, the person
still cannot not be identified. what is the solution? None of them is an Heir. Article 844
paragraph 2

Example

Tita Baby santos who is married will get the pajero. . there are 2 tita babys, same were
santos and same married. What will happen to the pajero, it will go to the disposable free
portion. It will go to the legal heirs.

*****What if there is an error in the name of the heir?

As a general rule, Art. 844. An error in the name, surname, or circumstances of the heir shall
not vitiate the institution when it is possible, in any other manner, to know with certainty the
person instituted. Evidence aliunde is still acceptable

For example:

I am giving my legacy to atty maria juanengo ko. But the Atty maria juanengco de guzman
is written in the IBP , she’s the only Atty with the name mari juanengco pero hindi ko. So
this is evidence aliunde.

****This will come out in the finals Look for the similar bar q and a

Question:

***Example: the first child of my cousin grabriel who passes the bar exam will inherit thr
fortuner. Because there is a condition. Can you now identify who would be the heir? It can
now be the child of his cousin Gabriel. Now when will he get the pajero is hwen he passes
the bar exam. But that child of cousin Gabriel did not pass the exam. Is the Institution
Valid?

****Answer: The institution itself is valid. There is a condition imposed did not happen.
The heir was determined. It just happened that he did not pass the bar, therefore, he will
not get the pajero.

****Example : the first child of my cousin Gabriel to be born after my death. The child is
not yet born. Requisites of an institution, the instituted heir to be born at the time of the
succession.
Another exception :

****A disposition in favor of a definite class or group of persons shall be valid.

*****example: 300k from the disposable free protion will be given to ANgat byhay
foundation. Is the legacy valid? YES. Because you can still identify. Still valid even if it is
not an individual

****Institution without designation of heirs. A s a general rule, they are to be shared

equally. It will all depend on the disposable free portion if any.

*** institution based on a false cause. General rule,the statement of a false cause for the
institution of an heir shall be considered as not written. As a consequence, the institution
of an heir remains valid.

Example: I am instituting Atty Nadine de guzman who is my beloved professor, but

actually you hate me. So there’s a cause. But it turns out that everyone know that you
hated Atty Nadine. Will the institution of an heir voided because of the false cause?
*** Answer: NO, it is considered not written but the institution as an heir remains valid.

Example: I am giving a 500,000K to Mr. Daniel Padilla because he is, faithful, loyal and
handsome. Pero hindi siya loyal and faithful. So it is a false cause because the reason that
he is a legitime is because he is loyal and faithful and the most handsome boy. Naputanan
na nagcheat. Obviously there is no loyalty, so there is a false cause. Is the institution as
heir be voided.

***NO. because he is the most loyal, handsome, and faithful will be considered as not
written but his institution as an heir specifically with a 500k legacy. He would still get it.
That is valid.

****BAR Favorite Example: I am instituting Mr. Steven Dela Cruz as my legatee for the
amount of 1million because he is handsome. Handsomeness is the perspective. But if you
look at Mr. Dela Cruz, he is not handsome. So now it is proven that Mr. Dela Cruz is not
handsome. Will his institution as a legatee be voided?

Answer: NO. the reason for his institution maybe false – that he is handsome. But his
institution as a legatee remains valid.

***General rule: False cause is considered not written. An exception from the general rule
is that the institution shall be annulled if it appears from the will that the testator would
not have make such institution if he had known the false cause
In the exception, example I am instituting Mr.Dela Cruz, because he is my half brother, for
a legacy of 500k. It was proven that Mr. Dela Cruz is not a half brother. What will happen
to the institution?

Answer: It will be annulled. As a rule, exception, an institution shall be annulled if it

adheres from the will of the testator, would not have make such will if he knows that mr.
dela cruz is not his brother. If was only during probrate that Mr. dela cruz is not his
brother. At that time during the probate, his institution now is the heir.

BAR **********PRETERITION (RABUYA)

Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in
the direct line, whether living at the time of the execution of the will or born after
the death of the testator, shall annul the institution of heir; but the devises and
legacies shall be valid insofar as they are not inofficious.

Emphasized: preterition requires a will, a compulsory heir from the will did not have part
in the inheritance.

****Example : Steven is the father of albert. In his will Albert left a legacy of 1 million to
steven. Is there preterition?

Answer: NONE. Preterition is total omission of a compulsory heir.

Who are compulsory heirs, children, parents direct line from ascending or descending line
only.

As a surviving spouse is not a compulsory heir in preterition. He cannot complain on

preterition

Brothers and sisters – they are in the collateral line. Cannot complain that they are
preterited

Uncles and aunts – collateral line din. Cannot complain that they are preterited.

Adopted child- he can complain that he is preterited. An adopted child has the benefits
like an biological child. Adoption creates a legitimate relationship between the adopter
and adopted. Under the Adoption Act, an adopted child enjoys the rights of a legitimate
child.

Question: if both ascendants and descendants present. The ascendants now complained
that they are preterited because all was left to the descendants. Are the ascendants
preterited?
Answer: NO, Ascendants only inherit in the absence of descendants.

Example:

Daddy A and Mom A and Son A was left by a testator. In the will it states that, son A will
get

Example: the heir had received something prior to the death of the testator,

Daddy A donated 200k to his son A. Son Atty A was left with Dra Heir and Engineer . dr
and engineer did not get anything when he passed the board exams.. now daddy A left
900k when he died. He said that dra heir and engr A will receive the 900k. Can atty A
complain of preterition?

NO, because he has already had donation inter vivos. He cannot say that he is preterited
if there is something left.

Preterition by RABUYA

Preterition: (a) Concept: Preterition consists in the omission ofa compulsory heir from the will, either
because he is not named or, although he is named as a father, son, etc., he is neither instituted as an
heir nor assigned any part ofthe estate without expressly being disinherited—tacitly depriving the
heir of his legitime.’8’ Preterition is a concept of testamentary succession and requires a will.184 (b)
Requisites: (1 )The heir omitted must be a compulsory heir in the direct line, whether ascending or
descending.385 The omission of any compulsory heir, except the surviving spouse,’86 is preterition
because all compulsory heirs are in the direct line, including an adopted child,367 an illegitimate
child,388 a conceived child,38’ and legitimate ascendants;390 (2) there must be total or complete
omission - meaning the heir did not also receive any legacies, devises, or advances on his
legitime,391 or the testator allotted to a descendant a share less than the legitime since there was
no total omission of a forced heir,3’2 or the testamentary dispositions do not cover the entire estate
and something has been left undisposed of;3’3 (3) the omitted compulsory heir must survive the
testator, 394 unless he can be represented by his descendant; and (4) the omission of a compulsory
heir in the will must be by mistake, inadvertence, or through an oversight, and not intentional,
otherwise it will be a case of invalid disinheritance.3’5 (c) Effects of pretention: (1) Effects:
Preterition shall annul entirely the institution of heirs, but the legacies and devises remain valid
insofar as they are not inofficious.396 Hence, if a will does not institute any devisees or legatees, the
preterition of a compulsory heir in the direct line will result in total intestacy.3’7 (2) Distinguished
from invalid disinheritance: Invalid disinheritance shall also “annul the institution of heirs,” but only
“insofar as it may prejudice the person disinherited.”398 Otherwise stated, in ineffective
disinheritance the nullity is limited to that portion ofthe estate ofwhich the disinherited heirs have
been illegally deprived.399 The omission of the surviving spouse in the will is not a case of
preterition but a case of invalid disinheritance.
*****Substitution

Simple substitution. If Ms. Briones will not comply with the wine, it will be Ms Largo will
now be my heir.

******First Heir – the fiduciary heir – primary for the enjoyment of the property

****fideicommissary – second heir

Requirements

1. expressly made by the fiduciary heir for the preservation of the property in favor of the
fideicommisiary heir

2. the substitution must not go beyond 1 degree from the fiduciary, this involves a parent and a
child. 1 degree.

3. the fiduciary and fideicommisiary must be both alive at the death of testator

4. the substitution will not impair the legitime must be the first

******Legitime – refers to testator’s compulsory heirs

***Testamentary dispositions. – there is a will

Example daddy a only has son a but he left e legacy amounting 1million. ½ to legatee dapat pero
nakalagay sa will 800k to friend A. the legacy of 800k will be reduced to 500k in favor or Son A.

*** For example: I have a daughter when I was not yet married, when I got married my husband
adopted my child. Can my child be the compulsory heir of his biological father.

**********Answer: NO. since the relationship of my child to the biological father was already
severed.

*******section 41-43 RA 11642 New Adoption Act

********Ilegitimate children will have ½ of the estate

*****Visual aid pag aralan baka lumabas sa exam - PRINT

Repudiation

Incapacity

Representation is not allowed in repudiation

They will inherit on their own right

Per stirpes

Accretion

Representation of illegitimate children

PER CAPITA