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CIVIL LAW REVIEWER

TABLE of CONTENTS

SUCCESSION
Table of Contents
Chapter I. Concept of Succession................59 I. Definition of Succession (Art. 774, CC) 59 II. Opening of Succession (Art. 777, CC) 59 III. Kinds of Succession (Art. 778, CC) ....59 IV. Heirs ....................................................60 Chapter II. Testamentary Succession ..........61 I. Concept ...............................................61 II. Testamentary Capacity .......................61 III. Formalities of Wills ..............................61 IV. Qualifications of Witnesses to a Notarial Will 62 V. Qualifications of Witnesses to a Notarial Will 63 VI. Institution of Heirs ...............................63 VII. Applicable Principles of Private International Law .........................................63 VIII. Codicils and Incorporation by Reference ....................................................64 IX. Revocation of Wills and Testamentary Dispositions..................................................64 X. Allowance and Disallowance of Wills..65 XI. Substitution of Heirs ............................66 XII. Legitimes.........................................67 XIII. Preterition........................................69 XIV. Reserva Troncal .............................69 XV. Disinheritance .................................70 XVI. Legacies and Devises.....................71 Chapter III. Intestate Succession..................74 I. Causes for Legal or Intestate Succession...................................................74 II. The Intestate or Legal Heirs................74 III. Fundamental Underlying Principles in Legal or Intestate Succession......................74 IV. Relationship (Arts. 963-969, CC) ........75 V. The Right of Representation (Art. 970, CC) 75 VI. Order of Legal or Intestate Succession 76 VII. Concurrence in Legal or Intestate Succession...................................................77 VIII. Outline of Intestate Shares .............77 IX. Order of Concurrence in the Case of an Adopted Child (Art, 190, FC) .......................78 Chapter IV. Provisions Common to Testamentary and Intestate Succession .....79 I. Accretion .............................................79 II. Capacity to Succeed ...........................80 III. Acceptance and Repudiation of Inheritance ...................................................81 IV. Collation (Arts. 1061-1077, CC)..........81 Chapter V. Partition and Distribution of Estate .............................................................. 83 I. Concept of Partition ............................ 83 II. Effects of Partition............................... 84 III. Nullification of Partition ....................... 84 IV. Important Periods in Partition ............. 85 Chapter VI. Application of the Important Concepts through Sample Computational Problems......................................................... 86 I. Institution of Heirs ............................... 86 II. Legitimes............................................. 86 III. Intestate Succession........................... 87 IV. Accretion ............................................. 87 V. Collation .............................................. 88

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CIVIL LAW REVIEWER

Chapter I. CONCEPT OF SUCCESSION

Kristine Bongcaron Emil Lunasco


Lead Writers Alex Lopez Writer

SUCCESSION

SUCCESSION TEAM

Chapter I. Concept of Succession


I. II. III. IV. DEFINITION OF SUCCESSION OPENING OF SUCCESSION KINDS OF SUCCESSION KINDS OF HEIRS

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CIVIL LAW
Kristine Bongcaron Patricia Tobias
Subject Editors

I.

Definition of Succession (Art. 774,


CC) It 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 a process of transmission of property, rights, and obligations not extinguished by death (Balane)

ACADEMICS COMMITTEE
Kristine Bongcaron Michelle Dy Patrich Leccio
Editors-in-Chief

PRINTING & DISTRIBUTION


Kae Guerrero

DESIGN & LAYOUT


Pat Hernandez Viktor Fontanilla Rusell Aragones Romualdo Menzon Jr. Rania Joya

II. Opening of Succession (Art. 777, CC)


The rights to succession are transmitted from the moment of the death of the decedent. However, a person may be presumed dead for the purpose of opening his succession (Rules on presumptive death in Arts. 390-391, CC). In this case, succession is only of provisional character because there is always a chance that the absentee may still be alive.

LECTURES COMMITTEE
Michelle Arias Camille Maranan Angela Sandalo
Heads Katz Manzano Mary Rose Beley Sam Nuez Krizel Malabanan Arianne Cerezo Marcrese Banaag Volunteers

MOCK BAR COMMITTEE


Lilibeth Perez

III. Kinds of Succession (Art. 778, CC)


Testamentary (Art. 779, CC) - results from the designation of an heir made in a will Legal or intestate (Art. 960, CC) - takes place by operation of law in the absence of a valid will If a person dies without a will or with a void will or one which has subsequently lost its validity; The suspensive condition attached to the institution of heir does not happen or is not fulfilled or the heir dies before the testator or repudiates the inheritance, there being no substitution and no right of accretion takes place When the heir instituted in incapable of succeeding, except in cases provided in this Code. Heir dies before the testator

BAR CANDIDATES WELFARE


Dahlia Salamat

LOGISTICS
Charisse Mendoza

SECRETARIAT COMMITTEE
Jill Hernandez
Head Loraine Mendoza Faye Celso Mary Mendoza Joie Bajo Members

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Chapter I. CONCEPT OF SUCCESSION

Testator repudiates the inheritance

Mixed (Art. 780, CC) - effected partly by will and partly by operation of law

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IV. Heirs
Those who are called to the whole or to an aliquot portion of the inheritance either by will or by operation of law Compulsory Heirs those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law known as the legitime, of which they cannot be deprived by the testator, except by a valid disinheritance. They succeed regardless of a will. Voluntary or Testamentary Heirs those who are instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator can freely dispose. They succeed by reason of a will. Legal or Intestate Heirs those who succeed to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will. They succeed in the absence of a valid will, although this is not the only ground for intestacy, as can be seen in Chapter III.

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Chapter II. TESTAMENTARY SUCCESSION

Chapter II. Testamentary Succession

I. II. III. IV. V. VI. VII. Concept of Testamentary Succession Testamentary Capacity Formalities of Wills Qualifications of Witnesses to a Notarial Will Amending a Will Institution of Heirs Applicable Principles of Private International Law VIII. Codicils and Incorporation by Reference IX. Revocation of wills and Testamentary disposition X. Allowance and Disallowance of wills XI. Substitution of Heirs XII. Legitimes XIII. Preterition XIV. Reserva Troncal XV. Disinheritance XVI. Legacies and Devices

disease, injury or other cause. (Art. 799, CC) Soundness of mind is presumed (Art. 800, CC)

III. Formalities of Wills


Kinds of Wills 1. Notarial will- Ordinary or attested will (Arts. 804-808, CC) 2. Holographic will (Arts. 804 and 810, CC)

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Common Requirements for Both Kinds of Wills (Art. 804, CC) 1. Every will must be in writing; and 2. Executed in the language known to the testator. _____________ Specific Requirements for Notarial Wills (Asked in 75, 86, 90, 93, 07 and 08) 1. In writing (Art. 804, CC) 2. In the language known to the testator (Art. 804, CC)

I.

Concept

Governing Law on Validity with Respect to the Time of Execution


Aspect of the Will Formal Validity Governing Law

Law in force at the time the will was executed (Art. 795, CC) Law of decedents nationality at the time of his death (Art. 16 and 2263, CC)

Intrinsic Validity

3. SUBSCRIPTION: Subscribed to, at the end (Art. 805, CC) a. By the testator himself; or b. By the testators name written by a representative in his presence and under his express direction. 4. ATTESTATION: Attested and subscribed by 3 or more credible witnesses in the presence of the testator and of one another (Art. 805, CC).
GENERAL RULE The law presumes that every person is of sound mind EXCEPTION If within one month before making a will the testator is known to be insane, the burden of proof that he had a lucid interval is on the one alleging the validity of the will.

II. Testamentary Capacity


Requirements (SAP) Testator is of Sound mind at the time of execution (Art. 798, CC) Not under 18 years of Age (Art. 797, CC) Not expressly Prohibited by law to make a will (Art. 796, CC) Soundness of mindRules to remember: It is sufficient that the testator (NPC) o Knew the Nature of the estate to be disposed of; (N) o The Proper objects of his bounty; (P) o Character of the testamentary act (C) (Art. 799, CC) 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

Supervening incapacity will not invalidate the will. Supervening capacity will also not validate the will. (Art. 801, CC) The attestation clause shall state the ff: Number of pages; The fact that the testator or his representative under his express direction signed the will and every

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Chapter II. TESTAMENTARY SUCCESSION

page in the presence of instrumental witnesses That the witnesses signed the will and all its pages in the presence of the testator and of one another.

would be in contravention of Arts. 805 and 806. _____________ Special Requirements for Notarial Wills 1. Deaf Mute (Art. 807, CC) a. Testator must personally read the will; or b. Testator shall personally designate two persons to read the contents and communicate it to him in some practicable manner. 2. Blind (Art. 808, CC) a. The will shall be read to the testator twice - By one of the subscribing witnesses and by the notary public acknowledging the will. b. In the case of Garcia vs. Vasquez (1970), the court considered a testator suffering from Glaucoma as legally blind. _____________ Requisites for a Holographic Will 1. In writing (Art. 804, CC) 2. In a language known to the testator (Art. 804, CC) 3. Entirely written, dated and signed in the hand of the testator himself (Art. 810, CC)

5. MARGINAL SIGNATURES: Testator or his representative shall write his name, and the witnesses shall sign each and every page except the last page (Art. 805, CC) Exceptions: When the will consists of only one page Abangan vs. Abangan, (1919): When the will consists of only two pages, the first of which contains all dispositions and is signed at the bottom by the testator and the witnesses, and the second page contains only the attestation clause duly signed at the bottom by the witnesses. In the case of Matias vs. Salud (1957), the use of thumbprint was allowed. Icasiano vs. Icasiano, (1964): The inadvertent failure of one witness to affix his signature to one page of a testament, due to the simultaneous lifting of two pages in the course of signing, is not per se sufficient to justify denial of probate.

IV. Qualifications of Notarial Will

Witnesses to a

Qualifications (Art. 820, CC) 1. Of sound mind 2. Aged 18 years or over 3. Not blind, deaf or dumb 4. Able to read and write Disqualifications (Art. 821, CC) 1. Person not domiciled in the Philippines 2. Those who have been convicted falsification, perjury, or false testimony.

of

6. PAGE NUMBERINGS: Numbered correlatively (Art. 805, CC), i.e., Page One of Five pages 7. Acknowledged before a notary public by the testator and the witnesses (Art. 806, CC) In the case of Cruz vs. Villasor (1973) the court ruled that the Notary public cannot be considered a third witness. He cannot acknowledge before himself his having signed the will. To allow such would have the effect of having only two attesting witnesses to the will which

Interested witness (Art. 823, CC)


General Rule Devises or legacies in favor of a spouse, parent or child who also attests to the will as a witness shall be void Exception If there are three other competent witnesses, the device or legacy shall be valid and the interested witness shall be treated as a mere surplasage

Creditors are not incompetent to be witnesses (Art. 824, CC) Supervening incompetency shall not prevent the allowance of the will (Art. 822, CC)

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Test of Presence: Jaboneta vs. Gustilo, (1906): Not whether they actually saw each other sign, but whether they might have seen each other sign had they chosen to do so considering their mental and physical condition and position with relation to each other at the moment of inscription of each signature.

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Chapter II. TESTAMENTARY SUCCESSION

V. Qualifications of Notarial Will

Witnesses to a

6. Only the free portion can be disposed of by institution.

Notarial Will v. Holographic Will


Notarial Will NOTARIAL codicil ONLY Holographic WIll Notarial Codicil; or Holographic Codicil; or Additional dispositions below the signature, dated and signed in the hand of the testator.

Codicil (Art. 825, CC)- it is a supplement or addition to a will, made AFTER the execution and annexed to be taken as part thereof, by which any disposition made in the original is explained, added to, or altered.

Three principles in institution of heirs 1. Equality of heirs (Art. 846, CC) a. Heirs instituted without designation of shares shall inherit in equal parts b. NOTE: This applies even to institution of full and half-blood siblings. 2. Individuality of institution (Art. 847, CC) Example: I designate A, B, and the children of C. Unless otherwise stated, if C has two children, the estate will be distributed in four equal parts. 3. Simultaneity of institution (Art. 849, CC) Example: I designate my brother A and his children. A and his children will inherit at the same time, unless otherwise expressly stated that they will inherit successively. Institution based on a false cause (Art. 850, CC) GENERAL RULE EXCEPTION False cause is If the testator would considered not written not have made the and the institution will institution had he take effect known the false cause, the institution would NOT take effect Example: I designate A to half of the estate ONLY because he is the husband of my daughter. Note that the reliance on the false cause must be clear and unmistakable.

Effect of insertion written by another person on the validity of a holographic will)


When made After the execution, without consent of testator After execution, with consent After execution, validated by testators signature Effect Insertion considered not written. Validity cannot be defeated by the malice or caprice of a third person Will is valid, insertion is void. Insertion becomes part of the will. Entire will becomes void because it is not wholly written by the testator. Will is void because it is not written entirely by the testator

Contemporaneous to the execution of the will

VI. Institution of Heirs


(Asked in 94, 05, 06, and 08) Definition (Art. 841, CC) It is an act by virtue of which a testator designates in his will the persons who are to succeed him. Requisites for a valid institution 1. Testator has capacity to make the institution 2. The institution is made in a will 3. Institution is made personally by the testator and is not left to a third person 4. Persons instituted must be identified or identifiable 5. There must be no preterition of compulsory heirs

VII. Applicable Principles International Law

of

Private

Governing Law As to Time of Execution of Will


Aspect of the Will Formal Validity Intrinsic Validity Governing Law Law in force at the time the will was made Law of decedents nationality at the time of his death (Art. 16, CC)

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A voluntary heir who dies before the testator or proves to be incapacitated transmits nothing to his heirs (Art. 851, CC)

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Chapter II. TESTAMENTARY SUCCESSION

Governing Law as to Place of Execution of Will


Testator Place of Execution of Will Philippines Outside of Philippines Filipino the Governing Law Philippine Law (Art. 16, CC) 1. Law of the country in which it is executed (Art. 17, CC); or 2. Philippine Law (Art. 815, CC) 1. Philippine Law; or 2. Law of the country of which testator is a citizen or subject (Art. 817, CC) 1. Law of the place where the will is executed (Art. 17, CC); or 2. Law of the place where the testator resides; or 3. Law of the testators country; or 4. Philippine Law (Art. 816, CC)

made in consideration of each other. Such is prohibited under Art. 819, CC. Prohibition is applicable only to joint wills executed by Filipinos.

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VIII. Codicils and Reference

Incorporation

by

Alien

Philippines

Outside of Philippines

the

Codicil (Arts. 825-826, CC) 1. It is a supplement or addition to a will, 2. made after the execution of a will, 3. and annexed to be taken as a part of the will, 4. by which any disposition made in the original will is explained, added to, or altered. 5. in order that it may be effective, it shall be executed as in the case of a will. Incorporation by Reference; Requisites (Art, 827, CC) 1. The document or paper referred to in the will must be in existence at the time of the execution of the will. 2. The will must clearly describe and identify the same, stating among other things the number of pages thereof. 3. It must be identified by clear and satisfactory proof as the document or paper referred to therein; and 4. It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories.

Aspects of the Will Governed by the National Law of the Decedent 1. Order of succession; 2. Amount of successional rights; 3. Intrinsic validity of testamentary provisions; and 4. Capacity to succeed. Joint Will 1. A single testamentary instrument, 2. Which contains the wills of two or more persons, 3. Jointly executed by them, 4. Either for their reciprocal benefit or for the benefit of a third person. Mutual Wills 1. Executed pursuant to an agreement between two or more persons, 2. Jointly executed by them, 3. Either for their reciprocal benefit or for the benefit of a third person. Reciprocal Wills 1. Testators name each other as beneficiaries in their own wills, 2. under similar testamentary plans Note: A will that is both joint and mutual is one executed jointly by two or more persons, the provisions of which are reciprocal and which shows on its face the devises are

IX. Revocation of Wills Testamentary Dispositions

and

Modes of Revocation (Art. 830, CC) 1. By implication of law; or 2. By the execution of a will, codicil or other writing executed as provided in the case of wills; or 3. By burning, tearing, canceling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. Note: The act contemplating revocation must be done at any time before the death of the testator. The right of revocation cannot be waived or restricted. (Art. 828, CC)

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Chapter II. TESTAMENTARY SUCCESSION

Law Governing Revocation (Art. 829, CC) Place of Revocation Philippines Testators Domicile Philippines, or some other country Philippines Governing Law Philippine Law

extrinsic validity of such wills may be examined. Exceptions: a. Acain vs Diongson (1987): When the will is intrinsically void, on its face such that to rule on its formal validity would be a futile exercise b. Valera vs. Inserto, (1987): Claimants are all heirs, and they consent, either, expressly or impliedly, to the submission of the question of intrinsic validity to the court. c. Pastor vs. CA, (1983): Probate court may pass upon the title thereto, but such determination is provisional and not conclusive, and is subject to the final decision in a separate action to resolve title. Matters to be Proved in Probate 1. Whether the instrument which is offered for probate is the last will and testament of the decedent 2. Whether the will has been executed in accordance with the formalities prescribed by law 3. Whether the testator had testamentary capacity at the time of execution of the will Grounds for Disallowance of Will (Art. 839, CC; Rule 76, Sec 9) (SUM IFF) 1. If the Signature of the testator was procured by fraud; 2. If it was procured by Undue and improper pressure and influence, on the part of the beneficiary or some other person; 3. If the testator acted by Mistake or did not intend that the instrument he signed should be his will at the time affixing his signature thereto; 4. If the testator was Insane or otherwise mentally incapable of making a will at the time of its execution; 5. If the Formalities required by law have not been complied with; or 6. If it was executed through Force or under duress, or the influence of fear, or threats. Note: This list on the grounds for disallowance of will is exclusive. Revocation v. Disallowance
Revocation Voluntary Act of the Testator With or Without Cause Disallowance Given by Judicial Decree Must always be for a legal cause

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Foreign Country Outside the Philippines

Philippine Law 1. Law of the place where the will was made; or 2. Law of the place in which the testator had his domicile at the time of revocation

Doctrine of Dependent Relative Revocation Molo vs. Molo, (1951): The rule that where the act of destruction is connected with the making of another will so as to fairly raise the inference that the testator meant the revocation of the old to depend upon the efficacy of the new disposition intended to be substituted, the revocation will be conditional and dependent 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 remain in full force.

X.

Allowance and Disallowance of Wills

Probate It is a Special Proceeding required to establish the validity of a will and in order to pass real or personal property (Art. 838, CC) Mercado vs. Santos (1938): The probate of a will by the probate court having jurisdiction thereof is usually considered as conclusive as to its due execution and validity, and is also conclusive that the testator was of sound and disposing mind at the time when he executed the will, and was not acting under duress, menace, fraud, or undue influence, and that the will is genuine and not a forgery. General Rule: In probate proceedings, the probate court cannot inquire into the intrinsic validity of testamentary provisions. Only the

CIVIL LAW REVIEWER May be partial or total Always total, except when the ground of fraud of influence for example affects only certain portions of the will

Chapter II. TESTAMENTARY SUCCESSION

XI. Substitution of Heirs


Definition of Substitution (Art. 857, CC) 1. It is the appointment of another heir, 2. So that he may enter into the inheritance in default of the heir originally instituted. Classes of Substitution 1. Simple or Common: The testator may designate one or more persons to substitute the heir/s instituted in case the heirs should: a. die before him (predecease), b. should not wish to accept the inheritance (repudiation), or c. should be incapacitated to accept the inheritance (incapacitated). (Art. 859, CC) 2. Brief or Compendious (Art. 860, CC) a. Brief Two or more persons were designated by the testator to substitute for only one heir b. Compendious One person is designated to take the place of two or more heirs 3. Reciprocal If the heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. If there is more than one substitute, they shall have the same share in the substitution as the institution. Example (only 1 substitute): If two heirs are reciprocally substituted, then if one of them dies before the testator dies, renounces, or turns out to be incapacitated, the other will get his share, regardless of whether or not their shares are equal. Example (more than 1 substitute): A is instituted to 1/3, B to 1/6, and C to . If C dies before the testator, renounces or turns out to be incapacitated, then the other two will get his shares in the same proportion as in the institution. A will get twice as much as B (because his share of 1/3 in the institution is twice the size of Bs share of 1/6)

Requisites of a Fideicommisary Substitution (Arts. 863-865, CC) 1. A Fiduciary or First Heir instituted is entrusted with the obligation to preserve and to transmit to a Fideicommissary Substitute or Second Heir the whole or part of the inheritance. 2. The substitution must not go beyond one degree from the heir originally instituted. 3. The Fiduciary Heir and the Fideicommissary are living at the time of the death of the testator. 4. The fideicommissary substitution must be expressly made. 5. The fideicommissary substitution is imposed on the free portion of the estate and never on the legitime Note: a. Palacios vs. Ramirez (1982): Degree refers to degree of relationship. b. PCIB vs. Escolin (1974): In the absence of an obligation on the part of the first heir to preserve the property for the second heir, there is no fideicommissary substitution. Effects of predecease of heir/fiduciary or the heir/fideicommisary the first second

Legend: T Testator FH First Heir / Fiduciary SH Second Heir / Fideicommissary Substitute Situation 1: If the following is the sequence of death of the three parties: FH SH T, who will inherit? The legal heirs. There is no fideicommissary substitution because FH and SH are not living at the time of the testators death. (Art 863, CC) Situation 2: T SH FH, who will inherit? The SH and his heirs under Art. 866, CC. This is because the SH passes his rights to his own heirs when he dies before FH.

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4. Fideicommissary If the testator institutes an heir with an obligation to preserve and to deliver to another the property so inherited. The heir instituted to such condition is called the First Heir or the Fiduciary Heir; the one to receive the property is the fideicommissary of the second heir. (Art. 863, CC)

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Situation 3: FH T SH, who will inherit? No specific provision in law, but SH inherits because the T intended him to inherit.

XII. Legitimes
Definition of Legitime (Art. 886, CC) 1. It is that part of the testators property which he cannot dispose of, 2. Because the law has reserved it for his compulsory heirs. Classes of Compulsory Heirs (Art. 887, CC) 1. Primary: Those who have precedence over and exclude other compulsory heirs: Legitimate Children and Legitimate Descendants with respect to their Legitimate Parents and Ascendants 2. Secondary: Those who succeed only in the absence of the Primary compulsory heirs: a. Legitimate Parents and Legitimate Ascendants, with respect to their Legitimate Children and Descendants. (They will inherit only in default of legitimate children and their descendants) b. Illegitimate Parents with respect to their Illegitimate Children. (They will inherit only in default of the illegitimate and legitimate children and their respective descendants). Note that other illegitimate ascendants are not included. 3. Concurring: Those who succeed together with the primary or the secondary compulsory heirs: a. Widow or Widower / Surviving Spouse (Legitimate) b. Illegitimate Children and Illegitimate Descendants
If the testator is a LEGITIMATE CHILD: 1. LC and descendants 2. In default of No. 1, LP and ascendants 3. SS 4. IC and descendants If the testator is an ILLEGITIMATE CHILD: 1. LC and descendants 2. ILC and descendants 3. In default of Nos. 1-2. ILP only 4. SS

Specific Rules on Legitimes 1. Direct Descending Line a. Rule of Preference between lines (Art 978 and 985, CC) Those in the direct descending line shall exclude those in the direct ascending and collateral lines; and Those in the direct ascending line shall, in turn, exclude those in the collateral line. b. Rule of Proximity (Art 926, CC) The relative nearest in degree excludes the farther one c. Right or representation ad infinitum in case of predecease, incapacity, or disinheritance (Art 972 and 992, CC) For decedents who are Legitimate Children, only the Legitimate Descendants are entitled to right of representation. For decedents who are Illegitimate Children, both the Legitimate and the Illegitimate Descendants can represent, only with respect to the decedents illegitimate parents. d. If all the Legitimate Children repudiate their legitime, the next generation of Legitimate Descendants may succeed in their own right. 2. Direct Ascending Line a. Rule of division between lines The father and the mother shall inherit equally if both living. One succeeds to the entire estate of the child if the other is dead. (Art. 986, CC) In default of the mother and the father, the ascendants nearest in degree will inherit. (Art. 987) If there are more than one relative of the same degree but of different lines, one half will go to the paternal ascendants and the other half to the maternal ascendants. (Art. 987) b. Rule of equal division The relatives who are in the same degree shall inherit in equal shares. (Art 987)

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Legend: LC Legitimate Children ILC Illegitimate Children SS Surviving Spouse LP Legitimate Parents ILP Illegitimate Parents

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Chapter II. TESTAMENTARY SUCCESSION

5 6

1 LC, SS, ILC 2 or more LC, SS, ILC LP alone LP, ILC LP, SS LP, SS, ILC ILC alone

(divided by # of children)

(preferred) Same as share of 1 LC

share of 1 LC share of 1 LC share of 1 LC

7 8 9 10 11


1/8

12

ILC, SS

1/3

(divided by # of children) 1/3 (divided by # of children)

13

SS alone

or if marriage in articulo mortis


1/3 1/3 1/3

1/3

14 15 16

ILP alone ILP, SS Adopter, ILC, SS

(adopter)

Steps in Determining the Legitime of Compulsory Heirs 1. Determine the gross value of the estate at the time of the death of the testator. 2. Determine all debts and charges which are chargeable against the estate. 3. Determine the net value of the estate by deducting all the debts and charges from the gross value of the estate. 4. Collate or add the value of all donations inter vivos to the net value of the estate. 5. Determine the amount of the legitime from the total thus found. 6. Impute the value of all donations inter vivos made to strangers against the disposable free portion and restore it to the estate if the donation is inofficious. 7. Distribute the residue of the estate in accordance with the will of the testator. Note: Please see the Illustrative Integrative Problems in Chapter VI for the application of these steps.

Remedy of a Compulsory Heir in case of Impairment of Legitime


Extent and Nature of Impairment Total omission of a compulsory heir who is a direct descendant or ascendant (preterition) Testamentary dispositions impairing or diminishing the legitime Partial impairment Impairment by inofficious donations Remedy Annulment of institution and reduction of legacies and devises (Art. 854, CC) Reduction of the disposition insofar as they may be inofficious or excessive (Art. 907, CC) Completion of the legitime (Art. 906, CC) Collation reduction of donations (Arts. 771 and 911, CC)

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Summary of Legitimes of Compulsory Heirs (Asked in 82, 85, 86, 97, 99, 03, and 05) Surviving LC & SS Relatives Descendants 1 LC alone (divided by # of children) 2 1 LC, SS 3 LC, SS (divided by # Same as of children) share of 1 LC 4 LC, ILC

ILC

LP & Ascendants

ILP

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Chapter II. TESTAMENTARY SUCCESSION

XIII. Preterition
(Asked in 88, 99, 00, 01 and 08) A. Concept of Preterition (Art. 854, CC) 1. There must be a total omission of one, some or all of the heir/s in the will. 2. 2. The omission must be that of a compulsory heir. 3. 3. The compulsory heir omitted must be of the direct line. 4. The omitted compulsory heir must be living at the time of the testators death or must at least have been conceived before the testators death. B. Effects of Preterition (Art. 854, CC) 1. The institution of the heir is annulled. 2. Devises and legacies shall remain valid as long as they are not inofficious. 3. If the omitted compulsory heir should die before the testator, the institution shall be effective, without prejudice to the right of representation. Neri vs. Akutin (1941): When there are no devises and legacies, preterition will result in the annulment of the will and give rise to intestate succession.

C. Reserva Minima v. Reserva Maxima Situation 1. The prepositus acquired property gratuitously from an ascendant or a brother or sister 2. In his will, he institutes as his heir his ascendant (who is also a compulsory heir) such that the ascendant receives half of the estate by operation of law as legitime and the other half by testamentary disposition Problem Will the property acquired gratuitiously by the prepositus from the source be treated as acquired by the ascendant-heir by operation of law (legitime) and therefore reservable or by testamentary disposition? Two Views 1. Reserva Maxima: The entire property will be considered acquired as legitime and therefore wholly reservable 2. Reserva Minima: One half is reservable, the other half is not subject to reserva troncal (Tolentino, p. 284) ___________ D. Extinguishment of the Reserva (Tolentino, p. 300-305) (LDD-RRP) 1. Loss of the reservable property 2. Death of the reservista 3. Death of all the relatives within the third degree belonging to the line from which the property came 4. Renunciation by the reservatorios 5. Registration of the reservable property under the Torrens system as free 6. Prescription, when the reservista holds the property adversely against the reservatorios, as free from reservation

XIV. Reserva Troncal


(Asked in 79, 82, 85, and 87) A. Concept of Reserva Troncal (Art. 891, CC) Situation 1. A descendant (prepositus) inherits or acquires property from an ascendant (source) by gratiutious title or from a brother or sister 2. The same property is inherited by another ascendant (reservista) or is otherwise acquired by him by operation of law from the said descendant (prepositus) Then an obligation arises The said ascendant (reservista) must reserve the property for the benefit of the relatives of the deceased descendant within the third civil degree and who belong to the line from which the said property came (reservatorios). ___________ B. Requisites for Reserva Troncal (Chua vs. CFI and Gonzales vs. CFI) 1. That the property was acquired by a descendant (Prepositus) from an ascendant

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or from a brother or sister (Source) by gratuitous title, 2. That the Prepositus died without an issue, 3. That the property is inherited by another ascendant (Reservista) by operation of law, and rd 4. That there are relatives within the 3 degree (Reservatarios) belonging to the line from which said property came. ___________

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Chapter II. TESTAMENTARY SUCCESSION

XV. Disinheritance
(Asked in 82, 84, 99, 00, and 08) A. 1. 2. 3. Definition of Disinheritance (Art. 915, CC) It is the act by which the testator For just cause Deprives a compulsory heir of his right to the legitime. 2. 3. 4. 5.

B. Requisites of a Valid Disinheritance 1. Heir disinherited must be designated by name or in such a manner as to leave no

6. 7.

_________________________________________________________________________________ C. Summary of Causes of Disinheritance Grounds for Disinheritance Guilty or Convicted of Attempt Against the Life of the Testator, Spouse, Ascendant or Descendant Accused Testator or Decedent of Crime Punishable by Imprisonment of 6 years or more, and Found Groundless or False Causes testator or decedent to Make a Will or Change one by Fraud, Violence, Intimidation, or Undue Influence Unjustified Refusal to Support Testator Convicted of Adultery or Concubinage with Spouse of Testator or Decedent Maltreatment of testator by Word and Deed Leading a Dishonorable or Disgraceful Life Conviction of Crime which carries the penalty of Civil Interdiction Abandonment of Children or Inducing Children to Live Corrupt and Immoral Life or Against Attempted Virtue Loss of Parental Authority Attempt by One Parent Against the Life of the Other UNLESS there is Reconciliation Between Parents Spouse Has Given Cause for Legal Separation Failure to Report Violent Death of Decedent Within One Month UNLESS Authorities Have Already Taken Action Force, Violence, Intimidation, or Undue Influence to Prevent Another from Making a Will or Revoking One Already Made or Who Supplants or Alters the Latters Will Falsifies or Forges Supposed Will of the Decedent Art, 919, CC: Children and Descendants Art. 920, CC: Parents and Ascendants Art. 921, CC: Spouse Art. 1032, CC: Unworthiness 919 * * * * * * * * * * * * * * * * 920 * * * * * 921 * * * * * 1032 * * *

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

D. Modes of Revocation 1. Reconciliation (Art 922, CC) 2. Subsequent institution of the disinherited heir 3. Nullity of the will which contains the disinheritance. Note: The moment that testator uses one of the acts of unworthiness as a cause for

disinheritance, he thereby submits it to the rules on disinheritance. Thus, reconciliation renders the disinheritance ineffective.

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room for doubt as to who is intended to be disinherited. It must be for a cause designated by law. It must be made in a valid will. It must be made expressly, stating the cause in the will itself. The cause must be certain and true, and must be proved by the interested heir if the person should deny it. It must be unconditional. It must be total.

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Chapter II. TESTAMENTARY SUCCESSION

XVI. Legacies and Devises


Legacy and Devise Distinguished
LEGACY A gift of personal property given in a will It is bequeathed DEVISE A gift of real property given in a will It is devised

belonged to him The thing bequeathed afterwards becomes his by whatever title

Effective

Persons Charged With the Duty to Give Legacies and Devises in a Will 1. Compulsory heir, provided, their legitimes are not impaired (Art. 925, CC) 2. Voluntary heir 3. Legatee or devisee can be charged with the duty of giving a sub-legacy or subdevisee but only to the extent of the value of the legacy or devise given him (Art. 925, CC) 4. The estate represented by the executor or administrator, if no one is charged with this duty to pay or deliver the legacy or devise in the will a. If there is an administration proceeding, it constitutes a charge upon the estate. b. If there is no administration proceeding, it is a charge upon the heirs.

Validity and Effect of Legacy or Devise Legacy or devise of a thing belonging to another (Art. 930, CC) STATUS OF PROPERTY GIVEN BY LEGACY/DEVISE Testator erroneously believed that the property EFFECT ON THE LEGACY/ DEVISE Void

STATUS OF PROPERTY GIVEN BY LEGACY/DEVISE The thing already belongs to the legatee or devisee at the time of the execution of the will (Art. 932, CC) The thing is subject to an encumbrance or interest of another person (Art. 932, CC) Legatee or devisee subsequently alienates the thing (Art. 933,CC) After alienating the thing, the legatee or devisee subsequently reacquires it gratuitously (Art. 933, CC) After alienating the thing, the legatee or devisee acquires it by onerous title (Art. 933, CC)

EFFECT ON THE LEGACY/DEVISE Ineffective

Valid only as to the interest or encumbrance Ineffective

Ineffective

Legatee or devisee can demand reimbursement from the heir or estate

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Legacy or devise of thing already belonging to the legatee or devisee

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Chapter II. TESTAMENTARY SUCCESSION

OBJECTS OF LEGACY OR DEVISE Thing pledged or mortgaged to secure a debt Credit or remission or release of a debt

EFFECT Estate is obliged to pay the debt Other charges pass to the legatee or devisee Effective only as regards the credit or debt existing at the time of the testators death Legacy lapses if the testator later brings action against the debtor If generic, comprises all credits/debts existing at time of execution of will Only the pledge is extinguished; the debt remains Shall not be applied to his credit unless the testator so declares If testator does not really owe the debt, the disposition is void If the order is to pay more that the debt, the excess is not due This is without prejudice to the payment of natural obligations The choice is with the heir, or the executor or administrator If the heir, legatee or devisee dies the right passes to their heirs Once made, the choice is irrevocable Legacy is valid even if there are no things of the same kind in the estate Devise of indeterminate real property valid only if there are immovable property of the same kind in the estate The choice belongs to the heir, legatee or devisee or the executor or administrator Lasts until the legatee is of age or beyond the age of majority in order that he may finish some professional, vocational or general course provided he pursues his course diligently If testator did not fix the amount it is fixed in accordance with the social standing and circumstances of the legatee and the value of the estate Lasts during lifetime of legatee If the testator used to give the legatee a sum of money for support, give the same amount unless it is markedly disproportionate to the estate If testator did not fix the amount it is fixed in accordance with the social standing and circumstances of the legatee and the value of the estate

Thing pledged by debtor To a creditor Order of payment of a debt

Alternative legacies and devises

Legacy of generic personal property or indeterminate real property

Legacy of education

Legacy of support

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Different Objects of Legacies and Devises (Art. 934-944,CC) 1. Legacy of a thing pledged or mortgaged to secure a debt (Art 934, CC) 2. Legacy of credit, or remission or release of a debt (Art 935 CC) 3. Legacy to the debtor of thing pledged by him (Art 936, CC) 4. Legacy or devise to a creditor if the testator orders the payment of a debt (Art 939, CC) 5. Alternative legacies and devises (Art 940, CC) 6. Legacy of generic personal property or indeterminate real property (Art 941, CC) 7. Legacy of education (Art 944, CC) 8. Legacy of support (Art 944, CC)

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Chapter II. TESTAMENTARY SUCCESSION

Order of Payment In Case the Estate Is Not Sufficient to Cover All the Legacies and Devises ART. 911 Order of Preference (LIPO) Legitime of compulsory heirs Donations Inter vivos Preferential legacies or devises All Other legacies or devises pro rata ART. 950 Order of Preference (RPSESO) Remuneratory legacy/devise Preferential legacy/devise Legacy for Support Legacy for Education Legacy/devise of Specific, determinate thing which forms a part of the estate All Others pro rata Application: When there are no compulsory heirs and the entire estate is distributed by the testator as legacies or devises; or When there are compulsory heirs but their legitime has already been provided for by the testator and there are no donations inter vivos. NOTE: Art. 950, CC governs when the question of reduction is exclusively among legatees and devisees themselves.

Application: When the reduction is necessary to preserve the legitime of compulsory heirs from impairment whether there are donations inter vivos or not; or When, although, the legitime has been preserved by the testator himself there are donations inter vivos.

NOTE: Art. 911, CC governs when there is a conflict between compulsory heirs and the devisees and legatees.

How Legacy or Devise Delivered (Art. 951, CC) 1. The very thing bequeathed shall be delivered and not its value 2. With all its accessions and accessories 3. In the condition in which it may be upon the death of the testator 4. Legacies of money must be paid in cash Ground for Revocation of Legacies and Devises (Art. 957, CC) (TALO) 1. Testator Transforms the thing such that it does not retain its original form or denomination 2. Testator Alienates the thing by any title or for any cause. Reacquisition of the thing by the testator does not make the legacy or devise valid, unless it is effected by right of repurchase. 3. Thing is totally Lost during the lifetime or after the death of the testator 4. Other causes: nullity of will, non-compliance with suspensive condition, sale of the thing to pay the debts of the deceased during the settlement of his estate.

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Chapter III. INTESTATE SUCCESSION

Chapter III. Intestate Succession


I. Causes for Legal or Intestate Succession II. The Intestate or Legal Heirs III. Fundamental Underlying Principles in Legal or Intestate Succession IV. Relationship V. The right of Representation VI. Order of Legal or Intestate Succession VII. Concurrence in Legal or Intestate Succession VIII. Outline of Intestate Shares IX. Order of Concurrence in the case of an Adopted Child

The Civil Code does not state a definition of legal or intestate succession. Art. 960 only enumerates the instances when legal succession takes place. This enumeration is not exclusive, as there are other instances where intestacy may occur, as listed below.

Note: In all cases where there has been an institution of heirs, follow the I.S.R.A.I order: a. If the Institution fails, Substitution occurs. b. If there is no substitute, the right of Representation applies in the direct descending line to the legitime if the vacancy is caused by predecease, incapacity, or disinheritance. c. The right of Accretion applies to the free portion when the requisites in Art. 1016 are present. d. If there is no substitute, and the right of Representation or Accretion are not proper, the rules on Intestate succession shall apply.

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II. The Intestate or Legal Heirs


1. Relatives a. Legitimate ascendants b. Illegitimate parents c. Legitimate children d. Illegitimate children e. Surviving Spouse f. Brothers, sisters, nephews and nieces (BSNN) g. Other collateral relatives 2. Surviving spouse 3. State (through escheat proceedings)

I.

Causes for Succession

Legal

or

Intestate

1. If a person dies without a will (Art 960[1]) 2. If a person dies with a void will (Art 960[1]) 3. If a person dies with a will which has subsequently lost its validity (Art 960[1]) 4. When the will does not institute an heir (Art 960[2]) 5. When the will does not dispose of all the property belonging to the testator. Legal succession shall take place only with respect to the property which the testator has not disposed (Art 960[2]) 6. If the suspensive condition attached to the institution of the heir does not happen or is not fulfilled (Art 960[3]) 7. If the heir dies before the testator (Art 960[3]) 8. If the heir repudiates the inheritance, there being no substitution, and no right of accretion takes place (Art 960[3]) 9. When the heir instituted is incapable of succeeding, except in cases provided in the Civil Code (Art 960[4]) 10. Preterition Intestacy may be total or partial depending on whether or not there are legacies or devises (Balane, p.426) 11. Upon the expiration of a resolutory term attached to the institution of heir (Balane, p.426) 12. Upon fulfillment if a resolutory condition attached to the institution of heir, rendering the will ineffective (Balane, p.426)

III. Fundamental Underlying Principles in Legal or Intestate Succession


Rule of Preference between Lines 1. Those in the direct descending line shall exclude those in the direct ascending and collateral lines; 2. Those in the direct ascending line shall, in turn, exclude those in the collateral line. Rule of Proximity The relative nearest in degree excludes the farther one. (Art. 962, par.1 CC), saving the right of representation when it properly takes place. Rule of Equal Division 1. The relatives who are in the same degree shall inherit in equal shares. (Arts. 962 par.2, 987 and 1006, CC) 2. Exceptions: (Balane pp.427-428) a. the rule of preference of lines b. the distinction between legitimate and illegitimate filiation (the ratio under present law is 2:1) (Art 983, in relation to Article 895 as amended by Article 176 FC)

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Chapter III. INTESTATE SUCCESSION

c.

Rule of Barrier between the legitimate family and the illegitimate family (the iron-curtain rule) The illegitimate family cannot inherit by intestate succession from the legitimate family and viceversa. (Art. 992, CC) Rule of Double Share for full blood collaterals When full and half-blood brothers or sisters, nephews or nieces, survive, the full blood shall take a portion in the inheritance double that of the half-blood. (Arts. 895 and 983, CC) Note: 1. If one of the legitimate ascendants, illegitimate parents, legitimate children or illegitimate children survives, the brother, sisters, nephews, and nieces (BSNN) are excluded 2. If one of the legitimate ascendants, illegitimate parents, legitimate children, illegitimate children or surviving spouse survives, the other collateral relatives and the state are excluded. 3. If any of the heirs concur in legitimes, then they also concur in intestacy.

V. The Right of Representation (Art. 970, CC)


(Asked in 77, 82, 85, 88, 92, 97, and 07) It is a right created by fiction of law; By virtue of which the representative is raised to the place and degree of the person represented; And acquires the rights which the latter would have if he were living or if he would have inherited.

Important Concepts Representation is only allowed with respect to inheritance conferred by law (i.e., as to legitimes and intestate shares [ Art 923, CC]), in cases of incapacity, disinheritance, and predecease of an heir. There is no representation in voluntary succession (by will). (Art 856, CC) There is also no representation in repudiation. Note, however that a renouncer can represent, but cannot be represented. Representation takes place ad infinitum in the direct descending line but never in the direct ascending line. ( Art 972, CC) In the collateral line, representation takes place only in favor of the children of the brothers or sisters (i.e., nephews and nieces) whether of the full or half-blood (Art. 972, CC) and only if they concur with at least one uncle or aunt. In this case, they share in the inheritance per stirpes. If the children survive alone, they inherit in their own right and share in equal proportions or per capita. (Art. 975) Inheritance per stirpes representative/s shall not what the person they inherit, if he were living (Art.975, CC) means that the inherit more than represent would or could inherit.

IV. Relationship (Arts. 963-969, CC)


Number of generations determines proximity. (Art 963) Each generation forms a degree. (Art 963) A series of degrees forms a line. (Art 964 par.1) A line may either be direct or collateral. (Art 964 par.1) A direct line is that constituted by the series of degrees among ascendants and descendants (ascending and descending). (Art 964 par.2) A collateral line is that constituted by the series of degrees among persons who are not ascendants or descendants, but who come from a common ancestor. (Art 964 par.3) Full blood same father and mother. (Art 967 par.1) Half-blood only one of either parent is the same. (Art 967 par.2)

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the rule of division by line in the ascending line Article 987 par.2) d. the distinction between full-blood and half-blood relationship among brothers and sisters, as well as nephews and nieces. (Art 1006 and 1008) e. representation

In adoption, the legal filiation is personal and exists only between the adopter and the adopted. The adopted is deemed a legitimate child of the adopter, but still remains as an intestate heir of his natural parents and other blood relatives. (Art. 189, FC)

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The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. (Art. 971, CC) General Rule Grandchildren inherit from grandparents by right representation, if proper.

must be a legal heir of both the person he is representing and the decedent. Thus, illegitimate children can represent illegitimate children parents in inheritance from illegitimate grandparents. (*Rationale: Iron-curtain rule under Art. 992, CC) On the other hand, a legitimate child may represent either a legitimate or illegitimate parent in the inheritance of either a legitimate or illegitimate grandparents. (Arts. 902, 989,990) Representation in Adoption (Asked in 94, 04, and 07) If the adopting parent should die before the adopted child, the later cannot represent the former in the inheritance of the parents or ascendants of the adopter. The adopted child is not related to the deceased in that case, because filiation created by fiction of law is exclusively between the adopter and the adopted. (TOLENTINO pp. 448-449)

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the of

Exception Whenever all the children repudiate, the grandchildren inherit in their own right because representation is not proper. (Art 969, CC) Right of representation in the collateral line is only possible in INTESTATE succession. It cannot take place in testamentary succession. In determining whether or not representation is proper, apply the DOUBLE HEIRSHIP TEST (Art. 973, CC): the representative

VI. Order of Legal or Intestate Succession


(Asked in 77, 78, 97, 98, 99, 00, 06, and 08)
Decedent is a Legitimate Child 1 2 3 LC and Legitimate descendants LP and Legitimate ascendants ILC and Illegitimate descendants SS Legitimate siblings, Nephews, Nieces Legitimate collateral relatives within th the 5 degree State Decedent is an Illegitimate Child LC and Legitimate descendants ILC and Illegitimate descendants ILP Decedent is an Adopted Child LC and Legitimate descendants ILC and Illegitimate descendants LP or ILP and Legitimate ascendants, Adoptive parents SS Siblings, Nephews, Nieces State

4 5

6 7

SS Illegitimate siblings, Nephews, Nieces State

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Chapter III. INTESTATE SUCCESSION

VII. Concurrence in Legal or Intestate Succession


INTESTATE HEIRS LC and Legitimate descendants ILC and Descendants LP and Legitimate ascendants ILP SS Excludes Ascendants, Collaterals and State ILP, Collaterals and State Collaterals and State Collaterals and State Collaterals other than siblings, nephews and nieces Excluded By No one Concurs With SS and ILC SS LC and LP ILC and SS SS LC, ILC, LP, ILP Siblings Nephews Nieces SS

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No one

LC LC and ILC No one

Siblings, Nephews Nieces th Other collaterals within 5 degree State

All other collaterals and State Collateral more remote in degree and State No one

LC, ILC, LP, ILP

LC, ILC, LP, ILP and SS Everyone

Collaterals in the same degree No one

VIII.

Outline of Intestate Shares

(Asked in 76, 79, 92, 03, 04, 06, and 08) 1. Legitimate children only a. Divide entire estate equally among all legitimate children (Art. 979, CC) b. Legitimate children include an adopted child. 2. Legitimate children and Illegitimate children Divide entire estate such that each illegitimate child gets of what a legitimate child gets (Art. 983, CC and Art. 176, FC) 3. Legitimate children and surviving spouse a. Divide entire estate equally between the legitimate children and the surviving spouse, the latter deemed as one child. The same rule holds where there is only one child. b. Children as used in Art. 996 is interpreted to include a situation where there is only one child. 4. Legitimate children. Surviving spouse, and Illegitimate children Divide the entire estate such that the surviving spouse is deemed one legitimate child and each illegitimate child getting of what the legitimate child gets (Art. 996, CC and Art. 176, FC)

5. Legitimate parents only Divide the entire estate equally. (Art. 985, CC) 6. Legitimate ascendants only (excluding parents) Divide the entire estate equally but with the observance of the rule of division by line (Art. 987, CC) 7. Legitimate parents and illegitimate children Legitimate parents get of the estate, illegitimate children get the other (Art. 991,CC) 8. Legitimate parents and surviving spouse Legitimate parents get of the estate; The surviving spouse gets the other (Art. 997,CC) 9. Legitimate parents, surviving spouse and illegitimate children Legitimate parents get of the estate; surviving spouse and the illegitimate child each get each, the latter to share among themselves if more than one. (Art. 1000, CC) 10. Illegitimate children only Divide the entire estate equally. (Art. 988, CC)

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Chapter III. INTESTATE SUCCESSION

11. Illegitimate children and surviving spouse Illegitimate children get of the estate; the surviving spouse gets the other . (Art. 998, CC) 12. Surviving spouse only Entire estate goes to the surviving spouse. (Art. 994/995, CC) 13. Surviving spouse and illegitimate parents Illegitimate parents get and the spouse gets the other (by analogy with Art. 997, CC) 14. Surviving spouse and legitimate brothers and sisters, nephews and nieces Surviving spouse gets of the estate, while the rest gets the other with the nephews and nieces inheriting by representation if proper. (Art. 1001, CC) 15. Surviving spouse and illegitimate brothers and sisters, nephews and nieces Surviving spouse gets of the estate while the rest gets the other with the nephews and nieces inheriting by representation, if proper; Note that all the other relatives should be illegitimate because of the ironcurtain rule. (Art. 994,CC) 16. Illegitimate parents only Entire estate goes to the illegitimate parents. (Art 993, CC) 17. Illegitimate parents and children of any kind (whether legitimate or illegitimate child) Illegitimate parents are excluded and do not inherit; For the rule on the respective shares of the children, see numbers 1, 2 or 10, whichever is applicable. 18. Legitimate brothers and sisters only Divide the entire estate such that full-blood brothers/sisters gets a share double the amount of a half-blood brother or sister. (Art. 1004 and 1006, CC) 19. Legitimate brothers and sisters, nephews and nieces Divide the entire estate observing the 2 is to 1 ratio for full and half blood relationships with respect to the brothers and sisters, with the nephews and nieces inheriting by representation, if proper. (Art. 1005 & 1008, CC) 20. Nephews and nieces only

Divide the entire estate per capita, observing the 2 is to 1 ratio. (Arts. 975 and 1008, CC) 21. Other collaterals (Arts. 1009 and 1010) a. Divide entire estate per capita. th b. Collateral relatives must be with the 5 degree of consanguinity. c. Note: the nearer relative excludes the more remote relatives. 22. State If there are no other intestate heirs, the State inherits the entire estate through escheat proceedings. (Art. 1011, CC)

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IX. Order of Concurrence in the Case of an Adopted Child (Art, 190, FC)
(Asked in 79, 86, 04 and 07)
SURVIVORS LC, ILC, SS LP or ascendants or ILP Adopter LP or ascendants or ILP or Adopter SS LP or ascendants Adopter ILC or descendants LP or ascendants Adopter SS ILC or descendants Adopter alone Collateral blood relatives SHARE As in the case of ordinary intestate succession 1/3 1/3 1/3 Entire estate As in the case of ordinary intestate succession

CIVIL LAW REVIEWER

Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

Chapter IV. Provisions Common to Testamentary and Intestate Succession


I. Accretion II. Capacity to Succeed III. Acceptance or Repudiation of Inheritance IV. Collation

There can only be accretion if there is an institution of heirs with respect to specific properties. (Art 1016, CC) Among compulsory heirs, there can only be accretion with respect to the free portion. There can be no accretion with respect to the legitimes. (Arts. 1021 and 1018, CC) The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. (Art. 1019, CC) The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not receive it would have had. (Art. 1020, CC) In testamentary succession, when the right of accretion does not take place, the vacant portion of the instituted heirs, if no substitute has been designated, shall pass to the legal heirs of the testator, who shall receive it with the same charges and obligations. (Art 1022, CC) Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. (Art 1023, CC)

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I.

Accretion

A. Definition of Accretion (Art. 1015, CC) It is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to one who renounces or cannot receive his share or who died before the testator is added or incorporated to that of his co-heirs, co-devisees, or colegatees. Accretion happens when there is repudiation, incapacity, or predecease of an heir. It is the mechanism where the share of an heir is increased by vacant shares vacated by heirs who cannot inherit for various reasons. (RATIONALE: the decedent intended to give the property to nobody but the co-heirs.)

____________________________________________________________________________________ Effect of Predecease, Incapacity, Disinheritance or Repudiation in Testamentary and Intestate Succession

CAUSE OF VACANCY Predecease

TESTAMENTARY SUCCESSION LEGITIME FREE PORTION Representa-tion Accretion Intestate Succession Intestate Succession Representa-tion Intestate Succession Representa-tion Intestate Succession Intestate Succession Accretion Intestate Succession Accretion

Incapacity

Disinheritance Repudiation

INTESTATE SUCCESSION Representation Intestate Succession Representation Intestate Succession Accretion

CIVIL LAW REVIEWER

Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

II. Capacity to Succeed


A. Requisites for Capacity to Succeed by Will or by Intestacy (Art. 1024 1025, CC) The heir, legatee or devisee must be living or in existence at the moment the succession opens; (Art 1025) and He must not be incapacitated or disqualified by law to succeed. (Art 1024, par.1) B. Who Are Incapable of Succeeding BASED ON UNDUE INFLUENCE OR INTEREST (Art. 1027, CC) PIGRAP Priest who heard the last confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; Individuals, associations and corporations not permitted by law to inherit; Guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; except if the guardian is his ascendant, descendant, brother, sister, or spouse; Relatives of the priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; Attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; Physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness. BASED ON MORALITY OR PUBLIC POLICY (Arts. 739 and 1028, CC) Those made in favor of a person with whom the testator was guilty of adultery or concubinage at the time of the making of the will. Those made in consideration of a crime of which both the testator and the beneficiary have been found guilty. Those made in favor of a public officer or his spouse, descendants and ascendants, by reason of his public office.

BASED ON ACTS OF UNWORTHINESS (Art. 1032, CC) The following are incapable of succeeding by reason of unworthiness: a. Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue; b. Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; c. Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; d. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation; e. Any person convicted of adultery or concubinage with the spouse of the testator; f. Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; g. Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter's will; h. Any person who falsifies or forges a supposed will of the decedent.

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C. Pardon of Acts of Unworthiness


EXPRESS Made by the execution of a document or any writing in which the decedent condones the cause of incapacity Cannot be revoked IMPLIED Effected when the testator makes a will instituting the unworthy heir with knowledge of the cause of incapacity Revoked when the testator revokes the will or the institution

CIVIL LAW REVIEWER

Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

III. Acceptance Inheritance

and

Repudiation

of

Requisites (Art. 1043, CC) 1. Certainty of death of the decedent 2. Certainty of the right to the inheritance Acceptance vs. Repudiation 1. Acceptance involves the confirmation of transmission of successional rights, while repudiation renders such transmission ineffective. 2. Repudiation is equivalent to an act of disposition and alienation. 3. The publicity required for repudiation is necessary for the protection of other heirs and also of creditors. Forms of Acceptance (Arts. 1049 1050, CC) 1. Express Acceptance one made in a public or private document. (Art. 1049 par. 1) 2. Tacit Acceptance one resulting from acts by which the intention to accept is necessarily implied or from acts which one would have no right to do except in the capacity of an heir. Examples: (Art. 1050, CC) a. when the heir sells, donates or assigns his right b. when the heir demands partition of the inheritance c. when the heir alienates some objects of the inheritance, etc. 3. Implied acceptance - Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance; if they do not do so within that time, they are deemed to have accepted the inheritance. (Art 1057, CC) Forms of Repudiation (Art. 1051, CC) 1. in a public instrument acknowledged before a notary public; or

Heirs in Two Capacities (Art. 1055, CC) 1. If a person is called to the same inheritance as an heir by will and by law and he repudiates the inheritance in his capacity as a testamentary heir, he will be considered to have also repudiated the inheritance as a legal heir. 2. If he repudiates it as a legal heir, without his being a testamentary heir, he may still accept it in the latter capacity.

IV. Collation (Arts. 1061-1077, CC)


(Asked in 77, 78, 79, and 93) A. Concept of Collation To collate is to bring back or to return to the hereditary mass in fact or by fiction property which came from the estate of the decedent, during his lifetime by donation or other gratuitous title but which the law considers as an advance from the inheritance. (Art 1061, CC) It is the act by virtue of which, the compulsory heir who concurs with other compulsory heirs in the inheritance bring back to the common hereditary mass the property which they may have received from the testator so that a division may be effected according to law and the will of the testator. In reducing inofficious donations, the last to be donated should be the first to be reduced. RATIONALE FOR COLLATION: If donations inter vivos will not be collated, then the rule on legitimes shall be circumvented or disregarded. B. Operations Related to Collation Collation adding to the mass of the hereditary estate the value of the donation or gratuitous disposition. Imputing or Charging crediting the donation as an advance on the legitime (if the donee is a compulsory heir) or on the free portion (if the donee is a stranger). (BALANE p 522) Reduction determining to what extent the donation will remain and to what extent it is excessive or inofficious.

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Characteristics (VIR) (Arts. 1041 1042, 1056, CC) 1. Voluntary and free (Art 1041, CC) 2. Irrevocable except if there is vitiation of consent or an unknown will appears (Art 1056, CC) 3. Retroactive (Art 1042, CC)

2. in an authentic document equivalent of an indubitable writing or a writing whose authenticity is admitted or proved; or 3. by petition presented to the court having jurisdiction over the testamentary or intestate proceeding

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Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION

Restitution returning or the act of payment of the excess to the mass of hereditary estate.

C. Persons Obliged to Collate GENERAL RULE: Compulsory heirs EXCEPTIONS: when the testator should have so expressly provided (Art. 1062, CC) when the compulsory heir should have repudiated his inheritance (Art 1062, CC) Grandchildren who survive with their uncles, aunts, or first cousins and inherit by right of representation (Art 1064, CC) *Note: Grandchildren may inherit from their grandparent in their own right, i.e., as heirs next in degree, and not by right of representation if their parent repudiates the inheritance of the grandparent, as no living person can be represented except in cases of disinheritance and incapacity. In this case, the grandchildren are not obliged to bring to collation what their parent has received gratuitously from their grandparent. D. What to Collate Any property or right received by gratuitous title during the testators lifetime (Art 1061, CC) All that they may have received from the decedent during his lifetime. (Art 1061, CC) Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought to collation unless the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he had lived in the house and company of his parents shall be deducted therefrom. (Art 1068, CC) Any sums paid by a parent in satisfaction of the debts of his children, election expenses, fines, and similar expenses shall be brought to collation. (Art 1069, CC) E. Properties Not Subject to Collation Absolutely no collation Expenses for support, education (only elementary and secondary), medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts. (Art. 1067, CC)

Expenses incurred by parents in giving their children professional, vocational or other career unless the parents so provide, or unless they impair the legitime. (Art. 1067, CC) Wedding gifts by parents and ascendants, consisting jewelry, clothing and outfit, except when they exceed 1/10 of the sum disposable by will. (Art. 1070, CC) Neither shall donations to the spouse of the child be brought to collation; but if they have been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-half of the thing donated. (Art. 1066, CC)

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Note: Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the latter to their children. (Art 1065, CC)

Generally not imputable to legitime/ cannot be collected, subject to exceptions

CIVIL LAW REVIEWER

Chapter V. PARTITION and DISTRIBUTION of ESTATE

Chapter V. Partition and Distribution of Estate


I. II. III. IV. The Concept of Partition The Effect of Partition Nullification of Partition Important Periods in Partition

2. The decedents heirs (Art.1083, CC) 3. A competent court (Art. 1083,CC) 4. A third person not an heir designated by the decedent (Art.1081, CC) Who Can Demand Partition 1. Compulsory heir 2. Voluntary heir upon fulfillment of condition if any (Art 1084, CC) 3. Legatee or devisee 4. Any person who has acquired interest in the estate When Partition Cannot Be Demanded 1. When expressly Prohibited by the testator for a period not exceeding 20 years (Art 1083, CC) 2. When the co-heirs Agreed that the estate shall not be divided for a period not exceeding 10 years, renewable for another 10 years 3. When Prohibited by law 4. When to partition the estate would render it unserviceable for the use for which it is intended Prohibition to Partition 1. The prohibition to partition for a period not exceeding 20 years can be imposed on the legitime. 2. If the prohibition to the partition is for more than 20 years, the excess is void. 3. Even if a prohibition is imposed, the heirs by mutual agreement can still make the partition. Effects of Inclusion of Intruder in Partition (Art 1108, CC) 1. Between a true heir and several mistaken heirs partition is void. 2. Between several true heirs and a mistaken heir transmission to mistaken heir is void 3. Through error or mistake, share of true heir is allotted to mistaken heir partition shall not be rescinded unless there is bad faith or fraud on the part of the other persons interested, but the latter shall be proportionately obliged to pay the true heir of his share. The partition with respect to the mistaken heir is void. (Sempio-Dy) Right of Redemption in Partition Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from

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I.

Concept of Partition
Separate, Divide, Assign. Partition is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself or its value may be divided. (Art. 1079, CC) Owned in common. Before partition, the whole estate of the decedent is owned in common by the heirs. (Art 1078, CC) Thing or value may be divided. (Art 1079) Acts deemed partition. Every act which is intended to put an end to indivision among heirs and legatees or devisees is deemed a parition, although it should purport to be a sale, an exchange, a compromise, or any other transaction. (Art 1082, CC)

A void partition may be valid if 1. the will was in fact a partition 2. the beneficiaries of the void will were legal heirs The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated. (Art. 1089 CC)

Kinds of Partition 1. Judicial v. Extrajudicial Partition a. Judicial Partition done by Court pursuant to an Order of Distribution which may or may not be based on a project of partition. b. Extra-judicial partition made by the decedent himself by an act inter vivos or by will or by a third person entrusted by the decedent or by the heirs themselves. (PARAS) 2. Partition Inter Vivos (Asked in 85) It is one that merely allocates specific items or pieces of property on the basis of the pro-indiviso shares fixed by law or given under the will to heirs or successors. (Art. 1080, cc) Who May Effect Partition 1. The Decedent, during his lifetime by an act inter vivos or by will (Art.1080, CC)

CIVIL LAW REVIEWER

Chapter V. PARTITION and DISTRIBUTION of ESTATE

the time they were notified in writing of the sale by the vendor (Art. 1088, CC) Strangers those who are not heirs on the succession.

Effect A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him (Art 1091, CC) Warranty After the partition has been made, the coheirs shall be reciprocally bound to warrant the title to, and the quality of, each property adjudicated (Art. 1092 CC) The reciprocal obligation of warranty referred to in the preceding article shall be proportionate to the respective hereditary shares of the co-heirs; But if any one of them should be insolvent, the other co-heirs shall be liable for his part in the same proportion, deducting the part corresponding to the one who should be indemnified. Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve (Art. 1093 CC) An action to enforce the warranty among the co-heirs must be brought within ten years from the date the right of action accrues. (Art. 1094 CC) If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. (Art 1095, CC) The warranty of the solvency of the debtor can only be enforced during the five years following the partition. Co-heirs do not warrant bad debts, if so known to, and accepted by the distributee. But if such debts are not assigned to a co-heir, and should be collected, in whole or in part, the amount collected shall be distributed proportionately among the heirs. (Art. 1095 CC) End of Warranty The obligation of warranty among co-heirs shall cease in the ff cases: The testator himself has made the partition Unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the legitime shall always remain unimpaired.

III. Nullification of Partition


(Asked in 90) Causes for Rescission or Annulment 1. A partition may be rescinded or annulled for the same causes as contracts. (Art 1097, CC) 2. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated (Art. 1098, CC) This article applies only to cases of partition among-coheirs Lesion is the injury suffered in consequence of inequality of situation by one party who does not receive the full equivalent for what she gives in a sale or any commutative contract 3. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may be reasonably be presumed, that the intention of the testator was otherwise. (Art. 1099, CC) 4. Preterition of a compulsory heir in the partition (Art 1104, CC): Partition shall not be rescinded unless bad faith or fraud on the part of other heirs is proved. The culpable heirs shall share in the damages of the prejudiced compulsory heir proportionately. 5. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. (Art. 1105 CC ___________ The action for rescission on account of lesion shall prescribe after four years from the time the partition was made. (Art. 1100, CC) The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition

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II. Effects of Partition

When its has been so expressly stipulated in the agreement of partition Unless there has been bad faith When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. (Art. 1096, CC)

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Chapter V. PARTITION and DISTRIBUTION of ESTATE

Indemnity may be made: By payment in cash or By the delivery of a thing of the same kind and quality as that awarded to the plaintiff. If a new partition is made, it shall affect neither those who have not been prejudiced nor those who have not received more than their just share (Art. 1101, CC) An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for rescission on the ground of lesion, but he shall have a right to be indemnified in cash (Art. 1102, CC) The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted. (Art. 1103, CC)

IV. Important Periods in Partition


1 month or less before making a will 20 years 5 years from delivery to the State 1 month Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will Maximum period testator can prohibit alienation of dispositions To claim property escheated to the State To report knowledge of violent death of decedent lest he be considered unworthy Action for declaration of incapacity & for recovery of the inheritance, devise or legacy Must signify acceptance/repudiation otherwise, deemed accepted Right to repurchase hereditary rights sold to a stranger by a coheir To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues To enforce warranty of solvency of debtor of the estate at the time partition is made Action for rescission of partition on account of lesion

5 years from the time disqualified person took possession 30 days from issuance of order of distribution 1 month form written notice of sale 10 years

Difference of Nullity from Rescission Nullity is not the same as Rescission: 1. Nullity - the act is supposed to never have existed 2. Rescission - the act is valid at the origin though it afterwards became ineffective

5 years partition 4 years partition

from

form

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CIVIL LAW REVIEWER

Chapter VI. APPLICATION

Chapter VI. Application of the Important Concepts through Sample Computational Problems
I. II. III. IV. II. III. IV. Institution of Heirs Legitimes Intestate Succession The Effect of Partition Nullification of Partition Important Periods in Partition

property. How will you compute the proportional increase in each heirs shares in order not to exceed the total estate of Mickey (assuming no legitimes were impaired)?
Goofys original share: Donalds original share: Minnies original share: 1/3 of 12,000 1/4 of 12,000 1/4 of 12,000 4,000 3,000 3,000 TOTAL: 10,000 DEFICIENCY : 2,000

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(Based on the lectures of Prof. Danilo L. Concepcion)

I.

Institution of Heirs

Goofys increase = 4,000/10,000 x 2,000 = 800 Donalds increase = 3,000/10,000 x 2,000 = 600 Minnies increase = 3,000/10,000 x 2,000 = 600 Total Deficiency = P2000 P10,000 + P2,000 = P12,000 (the total estate) Goofy gets P4000 + 800 = P 4,800 Donald gets P3,000 + 600 = P3, 600 Minnie gets P3,000 + 600 = P 3, 600

A. Excess Institution Mickey died testate, leaving a total estate of P12,000. According to his Will, Goofy gets , Donald gets 1/3 and Minnie gets of the property. How will you compute the proportional reduction from each heirs shares in order not to exceed the total estate of Mickey (assuming no legitime is impaired)?
Goofys original share: Donalds original share: Minnies original share: of 12,000 1/3 of 12,000 of 12,000 6,000 4,000 3,000 TOTAL: 13,000 EXCESS: 1,000

II. Legitimes
A. Legitimes: Concurrence of Legitimate and Illegitimate Children Homer died of heart attack. His wife, Marge, predeceased him. He had only 1 legitimate child, Bart, and 4 illegitimate children, Lisa, Maggie, Wolverine and Cyclops. Homer has a total estate of P120,000. How much is the legitime of each heir? The legitimate child should get of the estate while the illegitimate children get of what the legitimate child gets. Bart - P60,000 Lisa - P30,000 Maggie - P30,000 Wolverine - P30,000 Cyclops - P30,000 But this would amount to a total of P180,000. Thus, there must be a reduction of the shares of the illegitimate children. Reduction = excess / number of illegitimate children Reduction = (180,000 120,000) / 4 = 15,000 P30,000 (share) 15,000 (reduction) = P15,000

Goofys reduction = 6,000/13,000 x 1,000 = 461.53846 Donalds reduction = 4,000/13,000 x 1,000 = 307.69231 Minnies reduction = 3,000/13,000 x 1,000 = 230.76923 Total Deduction = P1000 P13,000 P1,000 = P12,000 (the total estate) Goofy gets P6000 P461.53846 Donald gets P4,000 P307.69231 Minnie gets P3,000 P230.76923 ___________ B. Deficiency in Institution Mickey died testate, leaving a total estate of P12,000. According to his Will, Goofy gets 1/3, Donald gets and Minnie gets of the

CIVIL LAW REVIEWER

Chapter VI. APPLICATION

B. Legitimes: Concurrence of Spouse and Legitimate Children

III. Intestate Succession


Anderson Silva died, leaving a total estate of P120,000. He was survived by his wife, Machida, and his three children: Chuck, Quinton, and George. How much legitime is allotted by law to each heir? Legitimate Children get The is divided into as many legitimate children. Wife gets an amount equal to the share of a legitimate child. Final Answer: Chuck = P20,000 Quinton = P20,000 George = P20,000 Machida = P20,000 Free Portion = P40,000 ___________ Hulk Hogan died intestate, with a total estate of P70,000. His wife, Sable, his legitimate son, Ultimate Warrior, and his two illegitimate children, Stone Cold and Undertaker, survived him. How will his estate be divided among these heirs? Applying the law in intestate succession, each heirs will receive the ff: Ultimate Warrior P35,000 Stone Cold P17,500 Undertaker P17,500 Sable P35,000 Since the total shares will exceed P70,000, reduction is in order. The share of those who will receive more than their legitimes must be reduced. The spouses share should be reduced first to the amount of her legitime (P17,500) (note: the share of the others are equal to their legitimes) Further reductions shall be made since the amount will still exceed the net estate. Following the law of legitimes, namely that the legitime of the legitimate child and the surviving spouse shall be preferred over the illegitimate childrens shares, the reduction will be suffered by the illegitimate children. Final Answer: Ultimate Warrior P35,000 Stone Cold P8750 Undertaker P8750 Sable P17,500

C. Legitimes: Concurrence of Spouse, Legitimate and Illegitimate Children Princess toadstool died, survived by her husband, kupa, her legitimate child, mushroom, and by her two illegitimate children, mario and luigi. She has a total estate of p120,000. How much legitime is allotted by law to each heir? The legitimate child gets . The wife gets of the share of the legitimate child (because there is only one legitimate child) The illegitimate children will each get of the share of the legitimate child. Mushroom P60,000 Kupa P30,000 Mario P30,000 Luigi P30,000

IV. Accretion
Goku died testate, leaving an estate of P720. In his will, he instituted his sons to his entire estate. His sons are Vegeta, Napa, Raditz and Freeza. Vegeta, who had two children (Trunks and Bulma), predeceased Goku. Napa, who hated

But this will yield a total of p150,000. Thus the shares of the illegitimate children must be reduced. Reduction = excess / number of children illegitimate

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Final Answer: Bart = P60,000 Lisa = P15,000 Maggie = P15,000 Wolverine = P15,000 Cyclops = P15,000 TOTAL = P120,000 ___________

Reduction = (150,000 - 120,000)/2 =15,000 P30,000 (share) 15,000 (reduction) =P15,000 Final Answer: Mushroom = P60,000 Kupa = P30,000 Mario = P15,000 Luigi = P15,000

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Chapter VI. APPLICATION

his fathers guts, repudiated his share in the will. Raditz, who likewise has two children (Tenshenhan and Chowzu), was found to be incapacitated to inherit from his father. Lastly, Freeza, the youngest and most beloved son of Goku, has a son, Magneato. Determine Legitime and Free Portion:
Heir Vegeta (predeceased) Napa (repudiated) Raditz (incapacitated) Freeza Will 180 = legitime:120 free: 60 180 (automatically becomes free portion) 180 = legitime:120 free: 60 180 = legitime:120 free: 60

P50,000 to Spiderman. In 1982, he made a donation to Robinhood worth P100,000. Compute for the shares of each heir. Total Estate = Gross Estate Liabilities + Donations Inter Vivos Total Estate = 90,000 0 + 150,000 = P240,000 Determine the Legitimes: Legitimate Children = of Total Estate Therefore: Spiderman = P60,000 Robinhood = P60,000 Surviving Spouse = amount equal to Legitimate Child Therefore: Sandy = P60,000 Determine their Intestate Shares
Heir Spiderman Robinhood Sandy Final Answer 80, 000 (60,000 = legitime) 80,000 (60,000 = legitime) 80,000 (60,000 = legitime)

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Determine amount received by heirs through representation for the legitimes


Heir Vegeta (predeceased) Representation for Legitime Legitime = 120 Trunks: 60 Bulma: 60 Legitime = 120 Tenshenhan: 60 Chowzu: 60

Determine Advances
Heir Spiderman Robinhood Sandy Advance 50,000 100,000

Napa (repudiated) Raditz (incapacitated)

Freeza

Compute:
Heir Spiderman Robinhood Computation Legitime: 60,000 50,000 = 10,000 Free Portion = 20,000 Legitime: 60,000 60,000 = 0 Free Portion: 20,000 20,000 = 0 (20,000 still unaccounted for)

Determine if there is accretion:


Heir Vegeta (predeceased) Napa (repudiated) Raditz (incapacitated) Freeza Accretion - 60 -180 -60 + (60 + 60 + 180) or + 300

Sandy

COMPUTE:
Heir Vegeta (predeceased) Napa (repudiated) Raditz (incapacitated) Freeza Final Answer Trunks: 60 Bulma: 60 0 Tenshenhan: 60 Chowzu: 60 480

Since Robinhoods share has been exhausted but there is still a deficiency of 20,000, this 20,000 will be deducted from the free portions of Spiderman and Sandy Pro Rata.
Heir Spiderman Computation Legitime Left: 10,000 Free Portion Left = 20,000 10,000 = 10,000 0 Legitime: 60,000 Free Portion: 20,000 10,000 = 10,000

Robinhood Sandy

V. Collation
Sponge Bob died intestate on September 17, 1985. He left an estate of P90,000. He was survived by his wife, Sandy, and his two children Spiderman and Robinhood. During Mr. Bobs lifetime, on January 1, 1980, he donated Therefore
Heir Spiderman Robinhood Sandy

Final Answer 20,000 0 70,000

- end of Succession -

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