SECTION 4

CONDITIONAL TESTAMENTARY
DISPOSITIONS
AND
TESTAMENTARY
DISPOSITIONS WITH A TERM
ARTICLES 871 AND 872
ART. 871
THE INSTITUTION OF AN HEIR
MAY BE MADE CONDITIONALLY,
OR FOR A CERTAIN PURPOSE
OR CAUSE.
Various Kinds of
Institutions

The institution of heir may be

made:
a.) with a condition;
b.) with a term;
c.) for a certain purpose or cause
(modal institution)
a.) Condition - a future
or uncertain event, or a
past event unknown to
the parties, upon which
the performance of an
obligation depends. (Art.
1179,CC)
Example of an institution
of heir with a condition:

"I hereby institute Bruno

as heir provided he marries
Flor."
b.)Term- it is the day or
time when the effect of
an institution of the heir
is to begin or cease
Example of an
institution of heir with
a term:

"I hereby institute Bruno

as my heir on his 35th
birthday."
c.) Modal Institution-
when the institution of
an heir is made for a
certain purpose or cause
 Example of a modal
institution:

"I give to Bruno

Php 878,000.00 so that he
may use the same for his
marriage with Flor."
 Natividad vs. Gabino
36 Phil 663

"I bequeath to D my house

and lot. If D should die, L
shall be obliged to deliver
this house and lot to my
grandson E, upon payment
by E to L the amount of
P4,000.“
When may L get his legacy
of P4,000?
 Natividad vs. Gabino
36 Phil 663

L will get his legacy the

moment D dies, because
then L will be obliged to
deliver the property to E
who in turn and in exchange
must pay him (L) P4,000.
L's legacy is conditional, and
as soon as the condition is
fulfilled, he acquires it.
 Morente vs Dela Santa
9 Phil 387
"I hereby order that all properties belonging to me
shall pass to my husband“
"That my husband shall not leave my sisters after
my death, and that he shall not marry anyone;
should my husband have children by anyone, he
shall not convey any portion of the property left by
me, except the one-third part thereof and the two
remaining thirds shall be and remain for my brother
or his children should he have any.“
"After my death, I direct my husband to dwell in
the bakery“

Which disposition contains a condition that if not

followed, the husband will forfeit the properties to
be given to him?
 Conditions are not to be
presumed

You have to distinguish.

Even if it appears to be a
condition but there is no
statement that he should
forfeit the inheritance should
he not do the condition then
it should not be construed as
a condition.
 ART. 872
THE TESTATOR CANNOT
IMPOSE ANY CHARGE,
CONDITION OR SUBSTITUTION
WHATSOEVER UPON THE
LEGITIME PRESCRIBED IN
THIS CODE. SHOULD HE DO
SO, THE SAME SHALL BE
CONSIDERED AS NOT
WRITTEN.
 No charge, Condition or
Substitution on Legitimes

Example:
Mars, the father of Bruno,
instituted the latter to be the
former's heir only if he
marries Flor. Bruno married
Versusa.
Can Bruno still get his
legitime?
 Yes, Bruno can still get
his legitime because the
father (Mars) had no
right (by virtue of Art.
872) to impose any
condition on his legitime.
The condition here is
considered as not
imposed.
 The only prohibition that is valid:
The testator can validly impose a
prohibition against the partition of the
legitime for a period not exceeding 20
years.
Example: "I hereby bequeath to
Sakura, Cherry and Blossom my
Chocolate Haven in La Luna,
Sampaloc, Manila. They shall not
alienate this property for a period of
20 years. Neither shall they cause for
its partition prior to the expiration of
the said term.”