Balance Succession

Notes And Cases On SUCCESSION
Based on Lectures given by: Prof. Ruben Ba ane and Prof. Arace i Baviera Co!"i ed and Edited by Rode A. #o ina UP La$ Batc% &''(
This work is a compilation of Prof. Ruben Balane's lectures in succession, by his students both in the UP College of aw and in the !teneo aw "chool. ectures of Prof. Ba#iera in Ci#il aw Re#iew $"uccession% ha#e also been included in this work. "pecial thanks to ouella &ra for lending me her magic notes on "uccession as compiled by students of the !teneo aw "chool, to ianne Tan for lending me her diskette in "uccession containing the lectures of Prof. Ba#iera and to the late 'duardo Balangue for lending me his magic notes on "uccession as compiled by students of the UP College of aw. This work is dedicated to Class !, UP aw Batch ())*, to which & belong. -- RAM _______________
IN)RO*UC)ION
Conce"t.++ Succession is the last mode of acquiring ownership. It is an independent mode of acquiring ownership. Re,uisites of Succession: (1) eath of the predecessor! (") #$istence and capacit% of the successor! (&) 'ro(ision of the law or pro(ision of a will granting the right of succession! ()) Acceptance *% the successor. -: Is tradition .de ivery/ re,uired for o$ners%i" to transfer0 A+ ,o. -wnership is transferred *% succession. not *% an% other mode. Ety!o ogy.++ Succession is deri(ed from " /atin words+ sub. meaning under (e.g.. an underling. a su*ordinate. if a plane tra(els at a su*sonic speed or fl% *elow opposite-- su*sonic) and cedere. meaning to gi(e. to pass. Succession. therefore. is a passing under. It gi(es the idea of the nature of succession as originated from Roman /aw. 0h% do the Romans call it a passing under1 2ec. of the fiction in Roman /aw that a personalit% occupies a space. that is. a legal personalit% is permanent. A permanent fi$ture *ut the occupant will go awa%. And it is the successor who will occup% the
Notes and Cases on SUCCESSION

3ompiled and #dited *% RAM
space %ou left (acant. 4here is alwa%s what %ou call personalitas. 5Sound through5 li6e a pla%. where %ou wear a mas6. and the one *ehind the curtain is sounding through. that is. some*od% is reall% tal6ing *ehind %ou. 4his. *% analog% is. succession. Persona means 5%ou.5 the character. Personalita or personalit% w7c is alwa%s there. and there is or there will alwa%s *e an occupant. who comes and goes! it ma% change the character. the person passes under. 0hat is *ehind all this1 'ersonalit% ne(er dies. 0e are *ut dust and shadows *ased on the realit% of death. 0h% do we ha(e to de(ise this fiction1 0h% the law on succession1 4he /aw on succession has (arious underpinnings in Roman /aw. that is. first. the (ague idea of after life. li6e the ideas of 8orace -- state of good in the #lipian fields! second. that the law de(elops *ased on conditions of societ%. -ne of the most *asic desire of man is the desire for immortalit%. 8ow. 0hen. 4o 0hom. In 0hat proportion are the% transmitted -- Succession. 2ASIS -9 48# /A0 -, S:33#SSI-,+ 1. Succession pro(ides the (ehicle for satisf%ing %our %earning and longing for immortalit%. It satisfies or consoles %ourself that something in %ou li(es fore(er and this is %our personalit%. -thers usuall% lea(e something li6e paintings. *oo6 of poems. statue so that the% will *e remem*ered fore(er. e.g.. 8orace *% Sha6espeare. ". 3oncept of pater familias. iligence of pater familias. Pater familias means head of the famil%. 4he *asic unit of Roman societ%. It is he who managed and e$ercised authorit% o(er his children. a*solute control o(er his wife. In Roman law. a man;s wife is his child. It is he who is the guardian of the famil% gods. It is a position that must *e occupied e(er% time. It is unthin6a*le to *e otherwise. -nce he dies. it is a*solutel% necessar% not onl% in religion that he is to *e replaced immediatel%. 4his is indispensa*le. 4hese underpinnings are gone now. 4oda%. succession is nothing *ut a mode of acquiring ownership. 0h%1 2ecause %ou do not ha(e the fiction to ha(e succession. *ec. of the spread of 3hristianit% w7c too6 the place of those %earnings that it is *elie(ing in <od and life after death. ,o more %earnings for immortalit%. unless %ou do not *elie(e in the teachings of 3hristianit%. Also. the concept of pater familias is no longer applica*le *ec. of parental authorit% w7c restricted the authorit% of the head of the famil%. 0e no longer ha(e sla(es. a*solute control o(er children. etc. 2ut old *eliefs do not die easil%. Some pro(isions of the law on succession are influenced *% these underpinnings. /i6e. 5heirs are the continuation of the personalit% of the decedent.5 Another is+ when a condition is imposed upon the su*stitute. does the su*stitute ha(e to fulfill the condition1 All of these are residual elements of Roman /aw. *efinition of Succession.++ Succession in a =uridical sense is the su*stitution of one person for another in a determina*le relationship or a su*rogation of one person *% another in a =uridical situation. (Manresa.) Succession is the su*stitution of a person to the determina*le legal relationship of another. (3astan.) 3astan;s definition is *etter. (2alane.) P1ILIPPINE LA2 ON SUCCESSION .Based on t%e ecture given by 3BL Reyes./ #(er% person during his lifetime is at the center of a num*er of =uridical relation flowing
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from personalit%. Some of these legal relations are permanent. some are transitor%. Some of these relations are+ paternit% and filiation. marriage and maternit%. mem*ership of the *ar. student of :'. etc.. w7c other persons do not ha(e. 4here are transitor% relations. and e$amples of these are one when *ought a *ottle of 3o6e! lease of an apartment unit! a mortgage! a contract of partnership! when one rides a *us. etc. 0hen a person dies. personalit% is e$tinguished. Some of these =uridical relations will die w7 %ou-- intuitu personae++ SSS. <SIS-- if the% die w7 %ou. no pro*lem. *ut some of them sur(i(e. e.g.. land. sa% a thousand hectares. If it is onl% a *all pen left *% the decedent. it is not a *ig pro*lem. 2ut what if the decedent left a *ig tract of land. or there is a contract of sale w7c transfers ownership *et. the decedent and third parties. >ou ha(e to set a de(ise. >ou can not lea(e them hanging in the air. >ou ha(e to de(ise a set of rules to determine the how. when. to whom. to what e$tent these rights will *e transmitted. 4he law w7c go(erns them is succession. And that is all on succession. e(er%thing is footnotes. *I44EREN) 5IN*S O4 SUCCESSION A. 2% the moment of transmission+ 1. mortis causa++ ta6es place *% (irtue of death ". inter #i#os++ ta6es place independentl% of death during the lifetime of the parties (now called onation inter #i#os.) 2. #$tent of rights in(ol(ed+ 1. Uni#ersal-- this is (er% catch%- it in(ol(es the entire estate or fractional or aliquot or undi(ided part of the estate. e.g.. I gi(e %ou 17" of m% estate. ". Particular, partial.-- succession to specific items a. legac%-- specific personal prop.. e.g.. I gi(e %ou m% car *. de(ise-- specific real prop.. e.g.. I gi(e to < m% fishpond in /aguna. 3. As to cause+ 1. Compulsory.-- that effected *% operation of law to forced heirs e(en if not in a will! succession to the reser(ed portion7 legitime ". Testamentary.++ *% will &. &ntestate or legal.++ succession in default of a will! su*ordinate to testamentar% succession ). -i.ed.-- com*ination of the a*o(e. ?. Contractual.-- #.g.. donation propter nuptias *% one to another of future prop. w7c ta6es effect after death. 0h% contractual1 2ec. of the transfer of prop. is not *% (irtue of a will *ut *% contract. So it is go(erned *% the law on contracts. 8ence. it must *e go(erned *% the Statute of 9rauds. It must *e in writing to *e enforcea*le. . As to parties to succession+ 1. ecedent. transferor. causante, acutor, de cuius ". Successor. transferee. causa habiente #. As to terms+ 1. 4estator.-- decedent left a will ". Intestate.-- decedent did not lea(e a will &. 8eir.-- one who succeeds *% uni(ersal title or to a share of the estate ). e(isee.-- one who succeeds *% particular title to real prop.
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?. /egatee.-- one who succeeds to a specific personal prop. E e!ents of Succession .#anresa./: 1. 3hange of su*=ect (cambio de suheto.)-- ownership is transferred from deceased to heir (su*=ecti(e change.) ". Identit% of -*=ect (identidad de ob/ecto)-- same prop. is in(ol(ed. onl% the owner is changed. 4he right is the same (o*=ecti(e identit%.) I!"ortant Princi" es of Succession .$%ic% "er!eates t%e entirety of Succession/: 1. -ortis Causa.++Succession can not ta6e place while the owner is ali(e. 4he heir7 successor has a mere e$pectanc% right to the prop. of the decedent. during the lifetime of the latter. ". Interest of the famil% ma% o(erride the will of the decedent *ec. of compulsor% heirs. 4here is a legitime reser(ed for the famil%. A will cannot impair the legitime. &. 4he estate passes or de(ol(es to the famil% unless the decedent e$pressl% orders otherwise in a will. 9amil% co(ers spouse. ascendants. descendants. and collateral relati(es. ). 4he famil% can not *e entirel% depri(ed of the estate *ec. of the s%stem of legitime. ?. 0ithin the famil%. heirs of equal degree7 pro$imit% inherit in equal shares. 'resumption of equalit%. 4his is onl% the general rule. 4here are e$ceptions. @. 4he State has a share in the inheritance through ta$es. A. 4he heirs are not lia*le for the de*ts of the estate *e%ond their share in the inheritance. #state is lia*le for the de*ts left *% the decedent. e*ts are to *e deducted *efore the heirs can get their shares. 'rocedure+ 3ollect all assets. deduct de*ts. then partition the shares. :p to what e$tent1 :p to all its assets. If the estate is Bero *alance. the heirs get nothing. :nder the modern ci(il law. if the decedent left more de*ts than assets. it will not change or affect %our status an%wa%. *ut not w7 the decedent;s creditors-- the% ha(e to *eware-- ca#eat creditor. Basis of t%e La$ on Succession.++ Some sa% it is the law on propert% w7c seems to *e the *asic attitude of the 3ode. -thers sa% succession is a law on persons *ec. of the compulsor% heirs. 8ow can %ou e$plain that1 Is there some lin6 *et. the law on succession and propert%1 4here is. 3astan said that law on succession is *oth law on persons and propert%. 8owe(er. in a pure testamentar% succession. the law on persons do not come to pla%. Sa%. a will gi(ing :' a propert%. 4his is more on the law of propert%. 4his is the ecclectic theor% of 3astan. #a6or C%anges in t%e Ne$ Civi Code on Succession: 1. Allowance of holographic wills (Art. C1D.) It gi(es greater freedom to the decedent to choose in what form he can dispose *% will his estate. 8olographic will is not a no(elt% *ut a re(i(al. 4his was allowed in the Spanish times *ut was a*rogated during the American regime. It was onl% restored under the ,33. ". Impro(ement in the successional position of the sur(i(ing spouse. :nder the -33. the sur(i(ing spouse had a right of usufruct onl%. :nder the ,33. the sur(i(ing spouse is gi(en full ownership and is a compulsor% heir. 4he share is (aria*le that it is so *ewildering. &. A*olition of the right of me/ora or *etterment (the right of the parent to gi(e a child more than the other.) 4his is *asicall% a portion of the legitime. 17&. 9reedom is gi(en to the testator as to who among his children he will gi(e the 17&. 4his s%stem was ne(er utiliBed *ec. it
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was ne(er understood *% the people. ). A*olition of the reser#as and re#ersiones. 4he ,33 restored reser#a troncal, re#ersion adopti#a (under ' @D&.) ?. <ranting successional rights to7 for spurious children-- illegitimate other than natural. 4his is one of the re(olutionar% changes in the ,33. :nder the -33 onl% legitimate children ha(e successional rights. ,33 li*eraliBed it *% granting successional rights to spurious children. @. <reater facilit% in the pro*ate of wills. 0h%1 2ec. of the allowance of ante mortem pro*ate. that is. during the lifetime of the testator. ,ow. pro*ate ma% *e post+mortem or ante mortem. A. 4he application of the prohi*ition outlined in Art. A&E to succession. this is *% (irtue of Art. 1D&C. Art. A&E pro(ides that+
Artic e 78'. )%e fo o$ing donations s%a be void: .&/ )%ose !ade bet$een "ersons $%o $ere gui ty of adu tery or concubinage at t%e ti!e of t%e donation9 .:/ )%ose !ade bet$een "ersons found gui ty of t%e sa!e cri!ina offense; in consideration t%ereof9 .8/ )%ose !ade to a "ub ic officer or %is $ife; descendants and ascendants; by reason of %is office. In t%e case referred to in No. &; t%e action for dec aration of nu ity !ay be broug%t by t%e s"ouse of t%e donor or donee9 and t%e gui t of t%e donor and donee !ay be "roved by "re"onderance of evidence in t%e sa!e action.
C. Increase of the free portion-- corollar% to the a*olition of the me/ora E. /imitation of the fideicommisar% su*stitution to one degree (*efore. two degrees) 1D. Intestate succession is narrowed from si$th degree to fifth degree. 11. A*olition of the institution under pupilar and e/emplar (su*stitution.) 1". Allowance of lifetime pro*ate.
Areas in Succession Affected by t%e A!erican Code: 1. ". &. ). ?. @. A. Rules in interpretation.-- Arts. ACC-AE" Rules on formal requirements of a will.-- Arts. CD)-CDE Rules go(erning witnesses to wills.-- Arts. C"D-C") Rules on repu*lication and re(i(al of wills.-- Arts. C&?-C&@ Rules on re(ocation.-- Arts. C"E-C&1 Rules on allowance and disallowance of wills.-- Arts. C&C-C&E Rules on 4estamentar% capacit%.
3hapter 1 <ENERAL PRO=ISIONS
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Art. 77>. Succession is a !ode of ac,uisition by virtue of $%ic% t%e "ro"erty; rig%ts and ob igations to t%e e?tent of t%e va ue of t%e in%eritance of a "erson are trans!itted t%roug% %is deat% to anot%er or ot%ers eit%er by %is $i or by o"eration of a$. 2alane+ &. Succession is a !ode of ac,uisition.++ 'ropert%. rights. and o*ligations are transmitted! those w7c are not e$tinguished *% death of the decedent is inheritance. Succession is *ut a process of transmission. Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or *% operation of law. :. )$o e e!ents of Succession.++ (1) identit% of o*=ects! (") change of su*=ects. 8. Ru e.++ 4he estate of the decedent pa%s for the o*ligations of the decedent. 0hat is left is gi(en to the heirs. >. Connect Art. 77> $@ Art. 77(; su"ra. 9or mone% de*ts+ If not paid in settlement proceedings. heirs could *e lia*le to the e$tent of what the% recei(ed 9or o*ligations+ #.g.. lessee-lessor-- o*ligation to 6eep the lessee in the peaceful possession is transmitted to the heirs. A. Pro"erty and Rig%ts+ 'assed on to the decedent;s successors (. Ob igations: a. #onetary.++ <eneral rule+ 4he estate pa%s for them *efore the estate is partitioned #$ception+ Al(areB case. 'redecessor fraudulentl% disposed of the prop. during litigation. S3 held that heirs cannot escape lia*ilit% for their father;s transactions w7c ga(e wa% to this claim for damages. #(en though the% did not inherit the prop.. the monetar% equi(alent thereof was de(ol(ed into the mass of the estate w7c the heirs inherited. 8ereditar% estates are alwa%s lia*le in their totalit% for the pa%ments of the de*ts of the estate. 0hate(er pa%ment made *% the estate is ultimatel% a pa%ment *% the heirs *ec. these pa%ments decrease their inheritance. b. Non+!onetary.++ 4ransmitted to the heirs. Art. 77A. In t%is )it e; BdecedentB is t%e genera ter! a"" ied to t%e "erson $%ose "ro"erty is trans!itted t%roug% succession; $%et%er or not %e eft a $i . If %e eft a $i ; %e is ca ed t%e testator. 2alane+ #(er% testator is a decedent *ut not all decedents are testators. :nder the American s%stem. a decedent who did not lea(e a will is called 5intestate.5 2ut this is not true in the 'hils. Art. 77(. )%e in%eritance inc udes a t%e "ro"erty; rig%ts and ob igations of a "erson $%ic% are not e?tinguis%ed by %is deat%. 2alane+ 4ransmissi*le propert%. rights and o*ligations constitute inheritance. <uide ines on $%et%er rig%ts@ ob igations are e?tinguis%ed by deat%:
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1. 'ropert%. rights and o*ligations which are purel% personal are e$tinguished *% the death of the decedent. 4he% are not part of the inheritance. e.g.. mem*ership in the *ar or right of consortium w7 %our wife. ". 4hose w7c are purel% patrimonial. <eneral rule+ 4he% form part of the inheritance. e.g.. credits. #$ception+ Mone% de*ts.-- o*ligation to pa% is not transmissi*le. although purel% patrimonial *ec. the estate pa%s for it. &. 4hose o*ligations transmitted to the heirs w7c are not monetar%. e.g.. o*ligation of a lessor-- patrimonial. 2 leased to 3 a parcel of land for a term of & %ears. After " %ears. 2 died. 4he heirs of 2 are *ound *% the lease contract. -*ligation as lessee and *ailee are transmissi*le. Art. 777. )%e rig%ts to t%e succession are trans!itted fro! t%e !o!ent of t%e deat% of t%e decedent. 2alane+ 1. 4his article literall% means that the 5decedent has the right to the succession which is transmitted upon his death.5 4his is illogical *ec. the decedent does not ha(e rights to the succession. 4o impro(e the pro(ision. change the words 5succession5 to 5inheritance5 (the right to succeed is an inchoate right) and the (er* 5transmitted5 to 5*ecome (ested.5 :. 4our E e!ents of Succession: 1. eath ". 0ill or -peration of law &. #$istence and capacit% of the successor ). Acceptance. &. 4his pro(ision is the heart and soul of succession. 4he most essential pro(ision of the law on succession. ). Rights to succession (est at the moment of death. not transmitted. 4he right should *e made effecti(e from the moment of death. 4his is so *ec. the rights to succession *efore death are mere inchoate. 2ut from the moment of death. those inchoate rights *ecome a*solute. Rights to succession are (ested from the moment of death. not upon the filing of petition for testate7 intestate proceedings. not upon the declaration of heirship or upon settlement of the estate. 4he rights to succession are automatic. 4radition or deli(er% is not needed. 9iction of the law is that from the moment of the death of the decedent. the right passes to the heirs. uring the lifetime of the predecessor. rights to succession are a mere e$pectanc%. 8ence. no contract can *e legall% entered into regarding the e$pected inheritance. 0hen a heir recei(es his inheritance. he is deemed to ha(e recei(ed it at the point of death. this is so *% legal fiction to a(oid confusion. ?. 3AS#S+ :son (. el Rosario.-- :pon the death of the hus*and *efore the ,33. the rights of the wife to the inheritance were (ested. So the rights of the illegitimate children under the ,33 to inherit can not pre=udice the (ested rights of the wife. 0e ha(e to appl% the -33 *ec. at the time of his death. it is the -33 w7c go(erned the law on succession. 9or the determination of successional rights. the law at the point of death should *e the one applied.
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2or=a (. 2or=a.-- 4he right to inherit is (ested at the moment of death. #(en if she did not 6now how much she was going to inherit. she could still dispose of her share in the inheritance. Said right to the share was hers from the moment of death and she could do whate(er she wanted w7 her share. e(en sell it. 2onilla (. 2arcena.-- >ou do not need a declaration of heirship whether testate or intestate. (oluntar%. etc. 4he rights of the heirs to the prop. (est in them e(en *efore =udicial declaration of their *eing heirs in the testate proceedings. An action to quiet title is not e$tinguished *% the death of the decedent. it *eing a patrimonial right. 8ence. the heirs ha(e the right to *e su*stituted to the action e(en *efore their ha(ing declared as heirs. FimeneB (. 9ernandeB.-- 3arlos died in 1E&@. *efore the effecti(it% of the ,33. As such. his illegitimate child cannot inherit from him. As such. title to the land *elongs to the cousin who inherited the land w7 3arlos. . Art. 77C. Succession !ay be: .&/ )esta!entary9 .:/ Lega or Intestate9 or .8/ #i?ed. 2alane+ 1. 4estamentar% (Art. AAE.)-- designation of an heir in a will ". /egal or Intestate .-- w7o a will or the will is in(alid &. Mi$ed (Art. ACD.)-- partl% *% will and partl% *% operation of law ). 3ompulsor%.-- Succession to the legitime *% a forced heir. Art. 77'. )esta!entary succession is t%at $%ic% resu ts fro! t%e designation of an %eir; !ade in a $i e?ecuted in t%e for! "rescribed by a$. 2alane+ 8eir includes de(isees and legatees. Art. 7CD. #i?ed succession is t%at effected "art y by $i and "art y by o"eration of a$. Art. 7C&. )%e in%eritance of a "erson inc udes not on y t%e "ro"erty and t%e trans!issib e rig%ts and ob igations e?isting at t%e ti!e of %is deat%; but a so t%ose $%ic% %ave accrued t%ereto since t%e o"ening of t%e succession. 2alane+ It is *etter to scrap Art. AC1. It has no significance. #(en w7o it. those w7c accrue after death will still *elong to the heirs. #.g.. A has a son. G. A dies in 1ECC. Inheritance is a mango plantation. In 1EED. there is a crop. Is it part of the inheritance1 1. According to Art. AC1. %es. 4his is inconsistent w7 Art AAA *ec. succession occurs at
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the moment of death. Art. AC1 implies a second succession. ". /egal concept.-- ,o. G owns it through accession and not succession. 9ruits are no longer part of the inheritance. It *elongs to the heir *ec. of ownership of the land he recei(ed at the moment of death. (Art. AAA.) 4hose w7c ha(e accrued thereto after death do not comprise the inheritance *ut the% accrue *% (irtue of ownership (accretion.) Art. 7C:. An %eir is a "erson ca ed to t%e succession eit%er by t%e "rovision of a $i or by o"eration of a$. *evisees and egatees are "ersons to $%o! gifts of rea and "ersona "ro"erty are res"ective y given by virtue of a $i . 2alane+ 4he definitions gi(en in this article are not good. 4he definitions contained in the Spanish 3i(il 3ode were *etter. An heir succeeds *% uni(ersal title. e(isee or legatee succeeds *% particular title. According to 3astan. an heir is one who succeeds to the whole (uni(ersal) or aliquot part of the estate. e(isee or legatee is one who succeeds to definite. specific. and indi(idualiBed properties. #.g.. I *equeathed 17" of m% fishpond in 'ampanga to A. Is the successor an heir. legatee or de(isee1 A de(isee. the prop. *eing a specific real prop. -: Is it i!"ortant to distinguis% bet. %eir devisee and egatee0 A+ 2efore. %es. 4he heir inherited e(en de*ts of the decedent. e(en if it e$ceed the (alue of the propert%. e(isees or legatees were lia*le for de*ts of the decedent onl% up to the e$tent of the (alue of the prop. ,ow. ,o. #$cept in one instance. in case of preterition in Art. C?). If read carefull%. institution of heir is annulled while de(ise and legac% are not. so long as there is no impairment of the legitime. Art. 7C: is not a $orEing definition.++ Someone who is a de(isee (succeeded *% a particular title) can fit into the definition of an heir (succeeds to a fractional7 aliquot7 undi(ided part of the estate.) and (ice (ersa.
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C%a"ter : )ES)A#EN)ARF SUCCESSION Section & 2ILLS Subsection & 2ILLS IN <ENERAL Art. 7C8. A $i is an act $%ereby a "erson is "er!itted; $it% t%e for!a ities "rescribed by a$; to contro to a certain degree t%e dis"osition of %is estate; to taEe effect after %is deat%. 2alane+ *efinition of $i : 1. 5'erson.5-- refers onl% to natural persons. ". 5'ermitted to control to a certain degree.5-- wh% certain degree1 2ec. compulsor% heirs cannot *e depri(ed of their legitimes. If there are no compulsor% heirs. the power of the decedent to dispose of his estate is a*solute. If there are compulsor% heirs. he onl% has a limited degree to dispose. 4hat is wh% the will can onl% co(er the disposa*le portion of the estate (free
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portion.) &. 3omment+ . a. An 5act.5-- is too general! *etter 5document5 *ec. a will must *e in writing *. 5After5-- *etter 5upon.5 C%aracteristics of 2i s: 1. 'urel% personal act. (Arts. AC)-ACA.)-- non-delega*le! personal participation of the testator is required. ". 9ree act.-- it means w7o fraud. (iolence. deceit. duress. or intimidation. It is (oluntar%. ,o (itiated consent. &. ispositi(e of propert%.-- If it does not. it will *e useless. 2ut as far as the law is concerned. it can *e pro*ated *ut a useless e$pense. It is onl% (alid as to form and nothing else. #$ceptions+ a. when a will recogniBes an illegitimate child *. when a will disinherits a compulsor% heir c. when it appoints an e$ecutor ). #ssentiall% re(oca*le.-- ambulatory, it is not fi$ed. can *e ta6en *ac6 (while the testator is ali(e.) 4here is no such thing as an irre(oca*le will. It onl% *ecomes irre(oca*le upon death of the testator. ?. 9ormall% e$ecuted.-- If the form is defecti(e. it is (oid. It can not *e cured. @. 4estamentar% capacit% of the testator. A. :nilateral act.-- does not in(ol(e an e$change of (alues or depend on simultaneous offer and acceptance. C. -ortis causa.-- ta6es effect upon the person;s death (Art. AAA.) E. Statutor% grant.-- granted onl% *% ci(il law. 4he law can also ta6e it awa%. It is not a constitutional right *ut merel% statutor%. In Russia. there are no wills. all intestac% 1D. !nimus Testandi.++ 4here must *e an intent to dispose mortis causa the propert% of the testator. 4here must *e a real intent to ma6e a will or a disposition to ta6e effect upon death. Said intent must appear from the words of the will. Montinola (. 3A. & 3A Reports &AA.-- 4he Repu*lic contended that the phrase 5I here*% lea(e %ou (motherland). parents. lo(ed ones... 5 is a testamentar% disposition in fa(or of the Repu*lic as an heir. 3A ruled that it was not. 4he phrase is a mere piece of poetr%. there *eing no animus testandi. 4he lac6 of such intent might *e seen from the face of the document itself. 11. Indi(idual.-- -ne person alone. Foint wills are prohi*ited under Art. C1C. Hitug (. 3A.-- A couple e$ecuted a sur(i(orship agreement wherein their =oint *an6 account would *ecome the sole propert% of the sur(i(ing spouse should one of them die. 4he S3 held that such agreement is (alid. 4he con(e%ance is not a will *ec. in a will. a person disposes of his prop. In this case. the *an6 account is part of the con=ugal funds. ,either is the agreement a donation inter #i#os *ec. it ta6es effect after death. Art. 7C>. )%e !aEing of a $i is a strict y "ersona act9 it cannot be eft in $%o e or in "art to t%e discretion of a t%ird "erson; or acco!" is%ed t%roug% t%e instru!enta ity of an agent of an attorney. 2alane+ 4he ma6ing of a will is a purel% personal act. It is an e$ercise of the disposing power w7c can not *e delegated. 2ut the ph%sical act of ma6ing a notarial will can *e delegated to the secretar% *ut not the e$ecution or ma6ing of holographic wills.
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#.g.. A dictated 4he Secretar% wrote it down and t%ped. Is the will (alid1 >es. 0hat cannot *e left in whole or in part to a third person is the e$ercise of the will ma6ing power. the e$ercise of the disposing or testamentar% power. 4he mechanical act can *e delegated. Art. 7CA. )%e duration or efficacy of t%e designation of %eirs; devisees or egatees; or t%e deter!ination of t%e "ortions $%ic% t%ey are to taEe; $%en referred to by na!e; cannot be eft to t%e discretion of a t%ird "erson 2alane+ 4his pro(ision clarifies Art. AC) on will-ma6ing power. )%ings 2%ic% Cannot be *e egated to a )%ird Person by t%e )estator: 1. esignation of heir. legatee or de(isee. e.g.. I here*% appoint G as m% e$ecutor and it is in his discretion to distri*ute m% estate to whome(er he wants to gi(e it. 4his can not *e done. ". uration or efficac% of such disposition li6e. 52ahala 6a na. Ru*en.5 &. etermination of the portion to w7c the% are to succeed. when referred to *% name. Art. 7C(. )%e testator !ay entrust to a t%ird "erson t%e distribution of s"ecific "ro"erty or su!s of !oney t%at %e !ay eave in genera to s"ecified c asses or causes; and a so t%e designation of t%e "ersons; institutions or estab is%!ents to $%ic% suc% "ro"erty or su!s of !oney are to be given or a"" ied. 2alane+ Art. AC@ is an e$ception to Arts AC) and AC?. It co(ers things that are part of the essence of will ma6ing *ut allowed to *e delegated. E?a!" es of Pro%ibited *e egation: 1. 3an not delegate the designation of the amount of prop.. e.g.. I here*% set aside the sum _____ w7c m% e$ecutor ma% determine for the cause of mental health. 4he amount is not specified. ". 3an not delegate the determination of causes or classes to w7c a certain amount is to *e gi(en. e.g.. I here*% set aside '1M for such worth% causes as %ou ma% determine. 4his is not (alid *ec. the cause is not specific. 2% wa% of e$ception. there are " things w7c can *e delegated. 4he testator must specif%-- (a) the amount of propert%! (") the cause of classes of propert%-- *efore the delegation can ta6e effect. 1. 4he designation of person or institution falling under the class specified *% the testator. 3hoosing the mem*ers of the class *ut is restricted *% the class designation. e.g.. I here*% set aside the sum of '1M for the de(elopment of AI S research. M will choose w7c institution. 4his is allowed *ec. %ou ha(e guided alread% M;s decision. 8owe(er. M cannot designate Manila 8otel. ". 4he manner of distri*ution or power of apportioning the amount of mone% pre(iousl% set aside or prop. specified *% the testator. e.g.. I designate the following hospitals to get the share in m% estate and appoint M to apportion the amount of '1DM. I set aside '"?D.DDD for the following institutions+ :'. '<8. SR. in an amount as m% e$ecutor ma% determine.
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4he a*o(e mentioned are e$ceptions to the rule that the ma6ing of a will are non-delega*le. Art. 7C7. )%e testator !ay not !aEe a testa!entary dis"osition in suc% !anner t%at anot%er "erson %as to deter!ine $%et%er or not it is to be o"erative. 2alane+ 4his pro(ision clarifies what is meant that 5a will is personal.5 4his is in effect delegating the discretion to the disposition of the will. Artic es 7CC+ 7':. Inter"retation of 2i s@ Ru es of Construction. Art. 7CC. If a testa!entary dis"osition ad!its of different inter"retations; in case of doubt; t%at inter"retation by $%ic% t%e dis"osition is to be o"erative s%a be "referred. 2alane+ Art. ACE is the rule on interpretation in order that the will ma% *e (alid and not perish. Rationale+ 4he State prefers testate to intestate. 0h%1 2ec. testamentar% disposition is the e$press will of the decedent. Intestamentar% is the presumed will of the decedent. 4his is mere speculation on what the decedent wanted. Ut res mages #alet 0uam pereat.++ that the thing *e (alid than perish. #.g.. 4he word 5chic65 can ha(e " interpretations+ (1) a girl in w7c case inoperati(e *ec. not w7in the commerce of man and (") sisiw.-- operati(e. Interpret according to the second. Art. 7C'. 2%en t%ere is an i!"erfect descri"tion; or $%en no "erson or "ro"erty e?act y ans$ers t%e descri"tion; !istaEes and o!issions !ust be corrected; if t%e error a""ears fro! t%e conte?t of t%e $i or fro! e?trinsic evidence; e?c uding t%e ora dec arations of t%e testator as to %is intention9 and $%en an uncertainty arises u"on t%e face of t%e $i ; as to t%e a"" ication of any of its "rovisions; t%e testatorGs intention is to be ascertained fro! t%e $ords of t%e $i ; taEing into consideration t%e circu!stances under $%ic% it $as !ade; e?c uding suc% ora dec arations. 2alane+ &. 5inds of A!biguity: a. 'atent. apparent.-- that w7c appears in the face of the will. e.g.. 5I gi(e 17" of m% estate to one of m% *rothers.5 0ho among the *rothers1 4his is patentl% am*iguous. *. /atent. hidden.-- perfectl% unclear on its face. 4he am*iguit% does not appear until %ou appl% the pro(isions of the will. e.g.. 5I gi(e to M the prop. intersecting 2uendia and '. de Ro$as. 4he am*iguit% is determined onl% when the will is pro*ated. 4hat is. when it appears that I am the owner of all the ) corners of the lot. ,ow. w7c of those lots1 :. Ru e: 3larif% am*iguit% and *e guided *% these+ 4estac% should *e preferred or upheld as far as practica*le. An% dou*t shall *e resol(ed in fa(or of testac%. -: 1o$ $i you reso ve t%e a!biguity0 2%at evidence do you ad!it0 A+ >ou can admit an% 6ind of e(idence as long as rele(ant and admissi*le according to the Rules of 3ourt. 4his includes written declarations. #$cept+ -ral declarations of the testator. 0h%1 2ec. the% cannot *e questioned *% the deceased. Also. *ec. the% are eas% to fa*ricate.
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If inspite of e(idence %ou still cannot cure am*iguit%. then annul the will. If the am*iguit% is patent. disregard the will. If latent. loo6 into the e(idences allowed *% law.
Art. 7'D. )%e $ords of a $i are to be taEen in t%eir ordinary and gra!!atica sense; un ess a c ear intention to use t%e! in anot%er sense can be gat%ered; and t%at ot%er can be ascertained. )ec%nica $ords in a $i are to be taEen in t%eir tec%nica sense; un ess t%e conte?t c ear y indicates a contrary intention; or un ess it satisfactori y a""ears t%at t%e $i $as dra$n so e y by t%e testator; and t%at %e $as unac,uainted $it% suc% tec%nica sense. Art. 7':. )%e inva idity of one of severa dis"ositions contained in a $i does not resu t in t%e inva idity of t%e ot%er dis"ositions; un ess it is to be "resu!ed t%at t%e testator $ou d not %ave !ade suc% ot%er dis"ositions if t%e first inva id dis"osition %ad not been !ade. 2alane+ <eneral rule+ Se(era*ilit%. A flaw does not affect the other pro(isions. #$ception+ If it was meant that the% were to *e operati(e together as seen in the will. Art. 7'8. Pro"erty ac,uired after t%e !aEing of a $i s%a on y "ass t%ereby; as if t%e testator %ad "ossessed it at t%e ti!e of !aEing t%e $i ; s%ou d it e?"ress y a""ear by t%e $i t%at suc% $as %is intention. 2alane+ 4his is a new pro(ision. It is *etter if this was not placed here. 0h%1 2ec. prop. acquired after the ma6ing of the will will not pass unless there is a clear intention or e$press pro(isions that the prop. will *e passed *% the testator. #.g.. I gi(e as legac% to M m% cars. I onl% had " cars when I e$ecuted the will. After w7c I acquired 1? more cars. 0hen I die. how man% cars will she get1 9ollowing Art. AE&. she will get onl% " cars. 4he additional cars are not included. <eneral rule+ After acquired propert% shall not pass. #$ception+ If the will pro(ides otherwise. If he said 5all m% cars when I die. 5 then M gets all 1A cars. 3-MM#,4+ 4his is craB%. Art. AE& is inconsistent w7 Art. AAA. At the time of the death. the succession will open. As such. all cars should *e gi(en. 2ut the law should *e applied as it is. ,o matter how inconsistent it is as pointed out *% 4olentino. 9or as law%ers. %ou should ad(ise %our clients to *e clear or clarif% e(er%thing to a(oid this am*iguit%. 4ell %our clients to specif% 5as of the time of m% death.5 4he solution to this inconsistenc% *et. the " articles is to repeal Art. AE&. Art. 7'>. Every devise or egacy s%a convey a t%e interest $%ic% t%e testator cou d devise or be,ueat% in t%e "ro"erty dis"osed of; un ess it c ear y a""ears fro! t%e $i t%at %e intended to convey a ess interest. 2alane+ <eneral rule+ /egac% or de(ise will pass e$actl% the interest of the testator o(er the propert%. #$ception+ :nless it appears from the will that he is gi(ing less.
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#.g.. sa% %ou own a parcel of land. -nl% the ownership of the land can *e gi(en. If the testator is a usufructuar%. he can onl% *equeath his rights as usufructuar%. nothing more. nothing less. 3an %ou gi(e *igger1 >es. Art. E"E sa%s so. -nl% good if the other co-owner is willing to sell. I+ 2. < and F are co-owners. 2 ga(e to A the land the% owned in common. that is the entire land and full ownership o(er it gi(ing more than what he owns. Is this allowed1 A+ >es. 4he remed% is to *u% the shares of F and < *ut he can not compel them to *u% his share. there *eing no redemption of the whole land or gi(e to A the (alue of 2;s share. if < and F are not willing to sell their shares. 4he testator ma% gi(e a lesser interest. e.g.. I gi(e the usufruct of m% land to G. 0hat results1 :sufruct to G. ownership of the land goes *% intestac%. Art. 7'A. )%e va idity of a $i as to its for! de"ends u"on t%e observance of t%e a$ in force at t%e ti!e it is !ade. 2alane+ &. 4or!a =a idity a. 4ime criterion.-- law at the time of e$ecution! su*sequent laws cannot appl% retroacti(el%. *. 'lace criterion.-- :nder Art C1?-C1A. fi(e (?) choices are a(aila*le to the testator+ 1. 3itiBenship ". Residence &. omicile ). #$ecution ?. 'hilippines :. Intrinsic =a idity a. 4ime.-- time of death *ec. of Art. AAA *. 'lace.-- /aw of citiBenship of decedent. Subsection :.++ Testamentary Capacity and Intent 2alane+ Testamentification acti#a is the capacit% to ma6e a will. Testamentification pasi#a is the capacit% to inherit *ased on a will. 0ho has testamentar% capacit%1 All natural persons. 3orporations can not ma6e wills. -nl% natural human *eings can ma6e a will. Art. 7'(. A "ersons $%o are not e?"ress y "ro%ibited by a$ !ay !aEe a $i . 2alane+ <eneral rule+ All persons ha(e the testamentar% capacit% to ma6e a will. #$ception+ Incapacit%. when e$pressl% prohi*ited *% law+ (1) disqualified *% reason of age (Art. AEA)! (") disqualified *% reason of mental incompetence. (Art. AEC.) Art. 7'7. Persons of eit%er se? under eig%teen years of age cannot !aEe a $i .
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2alane+ -: 1o$ do you co!"ute t%e age0 A+ According to the Admin. 3ode. age is rec6oned according to the calendar month. Art. 7'C. In order to !aEe a $i it is essentia t%at t%e testator be of sound !ind at t%e ti!e of its e?ecution. 2alane+ "oundness of mind is determined at the time of the e$ecution of the will. Art. 7''. )o be of sound !ind; it is not necessary t%at t%e testator be in fu "ossession of a %is reasoning facu ties; or t%at %is !ind be $%o y unbroEen; uni!"aired; or uns%attered by disease; in6ury or ot%er cause. It s%a be sufficient if t%e testator $as ab e at t%e ti!e of !aEing t%e $i to Eno$ t%e nature of t%e estate to be dis"osed of; t%e "ro"er ob6ects of %is bounty; and t%e c%aracter of t%e testa!entary act. 2alane+ &. Soundness of !ind.++ does not require that the testator *e in full possession of reasoning capacit% or that it *e wholl% un*ro6en. unimpaired or unshattered. :. It !eans rea iHation of or Eno$ing: a. 4he nature of his estate.-- Jnow what %ou own. 4his does not mean that the testator has to 6now the description of his propert% in detail. It is enough that he has more or less a fairl% accurate idea what his properties are. 4his depends upon the circumstances. Sa% Roc6efeller. 4he idea is less if %ou owned more. the more a person owns. the more he is apt to forget what he has in detail. If %ou thin6 %ou own A%ala *ridge and gi(es it as a de(ise. something is wrong w7 %ou. *. 'roper o*=ects of his *ount%.-- Jnow his immediate relati(es. #$perience of man6ind is that %ou gi(e to people who are attached to %ou *% *lood. Immediate relati(es referred to are spouses. parents. children . *rothers. sisters. *ut not first cousins. 9irst cousins usuall% are not 6nown especiall% if the% li(e a*road. 4he nearer the relation. the more %ou should 6now. 4he farther. the less the law e$pects of %ou. If the testator can not recogniBe his immediate relati(es. then there is something wrong. c. 3haracter of the testamentar% act.-- Jnow the essence of ma6ing a will. Jnow that %ou are+ (1) ma6ing a document that disposes (freel%. gratuitousl%) of %our propert%! (") to ta6e effect upon %our death. ,ote+ #(en if %ou are insane as to other things. as long as %ou 6now these three (&) things. %ou ha(e testamentar% capacit%. 8. Insanity is re ative. It is different in marriage and in contracts. 2ut in wills. not 6nowing one or more of the & mentioned a*o(e. %ou are considered insane. Art. CDD. )%e a$ "resu!es t%at every "erson is of sound !ind; in t%e absence of "roof to t%e contrary. )%e burden of "roof t%at t%e testator $as not of sound !ind at t%e ti!e of !aEing %is dis"osition is on t%e "erson $%o o""oses t%e "robate of t%e $i 9 but if t%e testator; one !ont%; or ess; before !aEing %is $i $as "ub ic y Eno$n to be insane; t%e "erson $%o
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!aintains t%e va idity of t%e $i interva .
!ust "rove t%at t%e testator !ade it during a ucid
2alane+ 4his is the law on presumption of soundness of mind as of the time of the e$ecution of the will. <enera ru e: 'resumption is for soundness of mind.-- proponent of will does not ha(e to pro(e the soundness of mind of the testator. 0h%1 4he law on e(idence sa%s that %ou don;t ha(e to pro(e+ (1) that w7c is admitted! (") that w7c is presumed! and (&) that w7c is ta6en =udicial notice of. isputa*le presumptions ma% *e o(ercome *% proof to the contrar%. 4here are & presumptions of law+ (1) conclusi(e! (") quasi-conclusi(e w7c can *e o(ercome onl% *% specific proof! (&) disputa*le E?ce"tion: Insanit% is re*utta*le presumed when+ 1. Art. CDD par. ".-- -ne month or less *efore the ma6ing of the will. the testator was pu*licl% 6nown to *e insane. #.g.. A. one month *efore ma6ing of the will was running in the 'laBa Miranda na6ed and shouting 5I*agsa6K5 4his is what %ou mean *% pu*licl% 6nown. ". If there had *een a =udicial declaration of insanit% and *efore such order has *een re(o6ed. (4orres (. /opeB. )C ' AA".) In these " cases. it is the proponent;s dut% to offer e(idence to the contrar%. i.e.. pro(e that the ma6ing of the said will was made *% the testator during a lucid inter(al. 3udicia *ec aration of Insanity Consists of: 1. A guardian appointed *% reason of insanit%. (Rule E&. R-3.) ". If the insane was hospitaliBed *% order of the court In either of these cases. there is a presumption of insanit%. 2ut once the order is lifted. the presumption ceases. #ffect+ 1. Re*utta*le presumption of sanit% is nullified or swept awa%. ". 4here is a re*utta*le presumption of unsoundness of mind. Art. CD&. Su"ervening inca"acity does not inva idate an effective $i ; nor is t%e $i of an inca"ab e va idated by t%e su"ervening of ca"acity. 2alane+ 4his article ma6es e$plicit what was mentioned in Art. CDD. 4he requirement is that sanit% should e$ist onl% at the time of e$ecution. Su*sequent insanit% does not affect the (alidit% of the will nor an in(alid will *e (alidated *% the reco(er% of the senses of the testator. Art. CD:. A !arried $o!an !ay !aEe a $i $it%out t%e consent of %er %usband; and $it%out aut%ority of t%e court. Art. CD8. A !arried $o!an !ay dis"ose by $i of a %er se"arate "ro"erty as $e as %er s%are of t%e con6uga "artners%i" or abso ute co!!unity "ro"erty.
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Subsection 8.++ Forms of Wills 2alane+ 5inds of 2i s a o$ed under t%e NCC.++ (1) ordinary or notarial will w7c requires an attestation clause. an ac6nowledgement *efore a notar% pu*lic! (") holographic will w7c must *e entirel% written. dated and signed in the handwriting of the testator. -: 1o$ about Non-cupative 2i s0 A+ 4he% are not allowed *% the ,33. 4his 6ind of will is an oral will made *% the testator in contemplation of death. 4his is allowed among Muslims onl%. Co!!on Re,uire!ents for bot% Einds of $i s: 1. It must *e in writing ". #$ecuted in the language or dialect 6nown to the testator. I+ 0hat 6ind of language1 A+ It must *e a language (a) spo6en *% a su*stantial num*er of persons! (*) must ha(e *een reduced to writing and (c) fairl% su*stanti(e *od% of literature I+ 0hat is a dialect A+ A dialect is a (ariation of tongue. Art. CD>. Every $i !ust be in $riting and e?ecuted in a anguage or dia ect Eno$n to t%e testator. 2alane+ Re,uire!ents: 1. In writing *ut no specific form is required. It could *e in a mar*le glass or on a wall. so long as there was testamentar% capacit%. ". 0ritten in a language or dialect 6nown to the testator. SuroBa (. 8onrado.-- 4he issue here is whether the will. w7c was written in #nglish is (alid. 4he S3 ruled that it is not. 4he testatri$ does not 6now #nglish. *eing an Igorot and an illiterate. -*(iousl%. the will is (oid. *ec. of non-compliance w7 Art. CD). In a will. can %ou conclude that it is (oid where in the attestation clause. it was stated that the will was read and translated to 9ilipino1 4he law does not require translation nor interpretation of the language to the testator *ut that he himself personall% understands the said language. I+ Is it necessar% for a will to state that the testator 6new the language1 A+ ,o. #$trinsic7 testimonial e(idence ma% pro(e this. I+ Is direct e(idence alwa%s necessar% to pro(e that the testator 6new the language1 A+ ,o. Sometimes. circumstantial e(idence is sufficient. #.g.. a person w7 a college degree does a will in #nglish. Is it not enough that he studied & le(els to pro(e that he understands #nglish. Artic es CDA to CD'.++ S"ecia Re,uire!ents for Attested 2i s. Art. CDA. Every $i ; ot%er t%an a %o ogra"%ic $i ; !ust be subscribed at t%e end
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t%ereof by t%e testator %i!se f or by t%e testatorGs na!e $ritten by so!e ot%er "erson in %is "resence; and by %is e?"ress direction; and attested and subscribed by t%ree or !ore credib e $itnesses in t%e "resence of t%e testator and of one anot%er. )%e testator or t%e "erson re,uested by %i! to $rite %is na!e and t%e instru!enta $itnesses of t%e $i ; s%a a so sign; as aforesaid; eac% and every "age t%ereof; e?ce"t t%e ast; on t%e eft !argin; and a t%e "ages s%a be nu!bered corre ative y in etters " aced on t%e u""er "art of eac% "age. )%e attestation s%a state t%e nu!ber of "ages used u"on $%ic% t%e $i is $ritten; and t%e fact t%at t%e testator signed t%e $i and every "age t%ereof; or caused so!e ot%er "erson to $rite %is na!e; under %is e?"ress direction; in t%e "resence of t%e instru!enta $itnesses; and t%at t%e atter $itnessed and signed t%e $i and a t%e "ages t%ereof in t%e "resence of t%e testator and of one anot%er. If t%e attestation c ause is in a anguage not Eno$n to t%e $itnesses; it s%a be inter"reted to t%e!. 2alane+ A. 9ourth 'aragraph.-- Jnow the language 1. 2od% of the will.-- testator ". Attestation clause a. 4estator.-- ,o. *. witnesses.-- ,o. -nl% required to 6now the contents thereof. 2. iscrepancies 1. 'ar. 1.-- ,o mention that the testator signs in the presence of witnesses and %et par. & states this. ". 'ar. ".-- ,o statement that the testator and the witnesses must sign e(er% page in one another;s presence and %et that is required to *e stated in the attestation clause. &. 'ar. &.-- In case of agent. all it requires is that the agent signed *% his direction and not in his presence. *ut that is required in par. 1. 3. Requisites for an ordinar% attested will (notariBed will.).-- 'urpose of requisites+ =udgment call of 3ode 3ommission! *alancing of " policies.-- (1) to encourage a person to ma6e a will! (") to ma6e sure that the will is testament of the testator to minimiBe fraud. &. Signed by t%e testator or %is agent in %is "resence and by %is e?"ress direction at t%e end t%ereof and in t%e "resence of t%e $itnesses. a. Su*scri*e.-- literall% means 5to write one;s name.5 Sign means 5to put a distincti(e mar65 (this is the *etter term to use.) *. Signing.-- *% writing his own name! a person ma% sign in other wa%s (i) Matias (. Salud.-- 4he testator signed affi$ing her thum* mar6 on the will. this is *ecause he can no longer write due to sic6ness7 disease called herpes 1oster. cold. ph%sical infirmit%. Is this a sufficient signature1 >es. A thum* mar6 is a sufficient signature of the testator. In fact. it is alwa%s and under an% and all circumstances a (alid wa% to sign a will. Reason+ It is less posssi*le to forge. A thum* mar6 is alwa%s a (alid wa% of signing whether literate or illiterate. 8owe(er. there is also the danger of falsif%ing it *% affi$ing the thum* of a newl% dead person. I+ 0hat if the testator has no disease *ut signed in his thum* mar61 A+ 4his will do *ec. thum* mar6 is a sufficient signature under all circumstances.
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4he contro(ers% is that what if after the testator affi$ed his thum* mar6. another person signed on her *ehalf. Attestation clause does not state this. I mean. it would not appear in the attestation clause. 4he S3 said that the person signing on his *ehalf is not an agent and *esides it was alread% signed *% the testator affi$ing his thum* mar6 and to state this (the affi$ing of the thum* mar6) in the attestation is a mere surplusage. (ii) <arcia (. de la 3uesta.-- 4estator signed w7 a cross. Is this (alid1 ,o. 4his is so *ec. such cross is eas% to falsif%. A cross can not *e considered a signature. <eneral rule+ A cross is unaccepta*le as a signature. #$ception+ 4hat is his normal wa% of signing. c. 'urpose.-- to authenticate the will d. 0here should the testator sign1 At the end of the will. 4here are " 6inds of ends+ (i) 'h%sical end.-- where the writing ends (ii) /ogical end.-- that where testamentar% disposition ends. :suall%. the% are the same. 2ut if different. t hen either will do. 0hat if after the signature. some clauses follow1 0hat is the effect of the said clauses to the will1 If annuls or ma6es the whole (oid *ec. of the non-compliance w7 Art. CD?. e. 4estator directs another to sign his name. (i) 9our cases+ 4estator- A! Agent- 2 a. 525 is not (alid *. 5A5 handwritten 5*% 25 t%pewritten is (alid c. 5A5 t%pewritten 5*% 25 handwritten is not (alid. d. 5A5 is (alid (ii) 3ases+ a. 2arut (. 3a*acungan.-- Requirements+ (1) agent must write the name of the testator *% hand! (") ad(isa*le if the agent write his name also. *. 2alonan (. A*ellana.-- 4he witness signed his name a*o(e the t%pewritten words 5por la testadora Anacleta A*ellana.5 4he S3 held that the testator;s name *e written *% the agent signing in his stead in the place where he would ha(e signed if he were a*le to do so. It is required that the witness write the testator;s name in the testator;s presence and under her e$press direction. (iii) 4he agent must sign where the testator;s signature should *e. (i() 'urpose of the rules+ to test the authenticit% of the agenc%. It is an added safeguard to minimiBe fraud. f. 4estator must sign in the presence of witnesses (i) 9our cases+ 4estator.-- A! 0itnesses.-- 2. 3. a. A signs w7 2 *reathing on her face. Is it signing in the presence of the testator1 >#S. *. A signs while 2 is tal6ing to 3. 2 can see A through peripheral (ision. Is A signing in 2; s presence1 >#S c. A signs while 2 is tal6ing to 3 w7 2;s *ac6 to A. Is it signing in 2;s presence1 >#S. d. 2 goes out and stands *ehind the wall. 8e cannot see A. 2 is also
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tal6ing to 9. Is a signing in 2;s presence1 ,-. (ii) ,era (. Rimando.-- Actual seeing is not required. 0hat is required is that the person required to *e present must ha(e *een a*le to see the signing. if he wanted to do so. *% casting his e%es in the proper direction. 8is line of (ision must not *e impeded *% a wall or curtain. 4his is a question of fact for the lower court to determine. 2lind witnesses are therefore disqualified. :. Attested and subscribed by at east t%ree credib e $itnesses in t%e testatorGs "resence and of one anot%er. a. I+ 3an the testator sign first not in the witness; presence. then let the witnesses sign1 ,o. Art. CD? requires that the testator should sign at their presence (Hda. de Ramos case.) 4here is some inconsistenc% here *ut we ha(e to follow Art. CD?. I+ 3an the (alidit% *e affected if the witness signed ahead of the testator1 A+ ,o. 'ro(ided it is made in one occasion or transaction. 8owe(er. in strict theor%. it can not *e done *ec. *efore the testator signed there is no will at all w7c the witnesses can sign and attest to. If there is more than one transaction. then the testator must alwa%s sign ahead of the witnesses. *. Attestation --(isual act --witness Su*scri*ing -- manual act -- sign
4he three witnesses must do *oth attesting and su*scri*ing. c. 0here must witnesses sign1 4his is not clear. 4a*oada (. Rosal.-- In this case. the witnesses signed at the left hand margin. 'etitioner contended that the% should ha(e singed at the same place where the testator signed. that is. at the *ottom of the end of the will. 4he S3 was li*eral. 4he purpose of signing at the end is to pre(ent interpolation. 4he o*=ect of attestation and su*scription which is for identification. was met when the witnesses signed at the left hand margin of the sole page w7c contained all the testamentar% dispositions. (4his concerned a "-page will w7 the first page containing all the dispositions and the second page the attestation and ac6nowledgement.) 4he will was signed *% the witnesses at each and e(er% page thereof. /iteral requirement.-- witnesses must also sign at the end7 last page In the case.-- as long as signed in the margin. -J ,ow.-- under or on margin. -J. d. 3an witnesses sign w7 thum* mar61 (1) Some sa% >es *ec. it is onl% an act of authentication! (") some sa% no *ec. one requirement is that witnesses must 6now how to read and write w7c implies that the witness write his name. 8. )%e testator or agent !ust sign every "age e?ce"t t%e ast on t%e eft !argin. a. 'urpose.-- to pre(ent the disappearance of the pages. *. 5#(er% page e$cept the last.5 0h% not the last1 2ec. it will alread% *e signed at the *ottom.
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c. /eft hand margin.-- requirement was made when right hand was not =ustified when t%ped. d. ,ow. testator can sign an%where in the page. (i) each page is signed and authenticated.-- mandator% (ii) left margin.-- director%. >. 2itnesses !ust sign eac% and every "age; e?ce"t t%e ast; on t%e eft !argin. 4his is the same as num*er &. 0itnesses ma% sign an%where as long as the% sign Icasiano (. Icasiano.-- In the will su*mitted for pro*ate. one page was not signed *% one of the witnesses. Such failure to sign was due to inad(ertence since in the cop%. all pages were signed. 4he S3 held that this was not a fatal defect. 3onsidering the circumstances. the fact that the other requirement was complied with. and the notarial seal coincided w7 the third page during the sealing. then the will could *e pro*ated. :nusual circumstances w7c e$isted in the case+ (1) there was another cop% (") inad(ertence7 o(ersight (&) *ecause of the notarial seal. 4he presence of these facts led the S3 to allow the will. 4he general rule. howe(er. is that. the failure to sign an% page is a fatal defect. A. A "ages !ust be nu!bered in etters on t%e u""er "art of t%e "age. a. Mandator%.-- there must *e a method *% w7c the sequence of the pages can *e 6nown! to pre(ent an insertion or ta6ing out of a page. *. irector% (i) Manner it is num*ered- letters. num*ers. Ara*ic. roman numerals. etc.! an% con(entional sequence of s%m*ols is allowed (ii) :pper part (. Attestation C ause. a. 4hree things that must *e stated+ (i) the num*er of pages in the will (ii) the fact that the testator or his agent signed the will in e(er% page thereof in the presence of the instrumental witnesses (iii) that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. *. Attestation clause is not a part of the will proper *ec. if contains no dispositions. It is merel% essential for the formal requirements of a (alid will. It is a statement of the witnesses. c. 0here must witnesses sign1 At the *ottom in order to pre(ent additions. 3agro (. 3agro.-- In the case. the page where the attestation clause appears was signed *% the witnesses on the side and not after the attestation clause. 4he S3 held that this was a fatal defect. 4he logic is that if there had *een no signature at the *ottom *ut on the sides. there will *e ample room for fraud. that is. to add in the attestation clause upon the death of the decedent an essential matter w7c was not there in the first place to (alidate it.!
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d. Must the language of the will *e understood or 6nown *% the witnesses1 ,o. After all. witnesses need not 6now the contents of the will. I+ Is it required that the witnesses 6new the language of the attestation clause+ A+ ,o. So long as it has *een interpreted to them. I+ Must the testator 6now the language of the attestation clause1 A+ ,o. 0hat is required of the testator is to 6now the language of the will. An e$press requirement of Art. CD). Reason for the a*o(e rules+ In order to minimiBe fraud. 4he (er% purpose of Art. CD) and CD?. 4he law encourages not discourages will ma6ing. 'recisel% *ec. it wanted to encourage wills. It sets up safeguards to protect the will. e. Must the testator sign the attestation clause1 ,o. A*angan (. A*angan.-- 4his case concerns a will that has onl% " pages. 4he first page contained the dispositions and was signed *% the testator and the witnesses at the *ottom. 4he second page contained the attestation clause onl% and was signed *% the witnesses at the *ottom. 9rom the case. we can learn " things+ 4he first concerns the first page. Since it was signed *% the testator and the witnesses at the *ottom. then there is no need for them to sign at the left margin. 4he second concerns the second page. Since it was alread% signed *% the witnesses at the *ottom of the attestation clause. then there is no need for them to sign on the margin. I+ Must an attested will *e dated1 A+ ,o. /ac6 of date does not annul an attested will. 2ut a holographic will must *e dated. (Art. C1D.) 7. NotariHation.++ A will is a pu*lic instrument that is wh% it must notariBed. Art. CD(. Every $i !ust be acEno$ edged before a notary "ub ic by t%e testator and t%e $itnesses. )%e notary "ub ic s%a not be re,uired to retain a co"y of t%e $i ; or fi e anot%er $it% t%e office of t%e C erE of Court. 2alane+ 1. 3ruB (. Hillasor.-- 4his case in(ol(es a will wherein the notar% pu*lic was also one of the three instrumental witnesses. id the will compl% w7 the requirement of & witnesses1 ,o. 4he S3 ga(e " reasons+ (1) 4he notar% pu*lic can not *e an oath witness and at the same time an oath ta6er. It is impossi*le for him to ac6nowledge *efore himself! (") the aim of the notar% pu*lic to insure the trustworthiness of the instrument would *e lost *ec. he will tr% to insure the (alidit% of his own act. <eneral rule+ 4he notar% pu*lic cannot *e a witness. #$ception+ 0hen there are more than & witnesses. In such a case. the requisite of & witnesses is achie(ed. ". <a*ucan (. Manta.-- In the case. the notarial ac6nowledgement of the will lac6ed a documentar% stamp. As such the =udge in the lower court denied pro*ate. oes the a*sence of the documentar% stamp in(alidate the will1 ,o. 4he a*sence of the documentar% stamp does not affect the (alidit% of the will. Its onl% effect is to pre(ent it from *eing presented as e(idence.
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4he solution is to *u% a documentar% stamp and attach it to the will. &. Fa(ellana (. /edesma.-- 4he case deals w7 the question of whether or not the ac6nowledgement of the will should *e done on the same occasion as the e$ecution of the will. 4he S3 said no. 4he law does not require that e$ecution and ac6nowledgement *e done on the same occasion. Ac6nowledgement ma% *e (alidl% done after e$ecution. In fact. the testator and the witnesses do not ha(e to ac6nowledge together. >ou can ac6nowledge one *% one. 4he law does not require it to *e made simultaneousl%. As long as the testator maintains his testamentar% capacit% and the witnesses maintain their witnessing capacit% until the last person ac6nowledges. then the will is (alid. 8owe(er. if the testator dies *efore the last person ac6nowledges. then the will is not (alid. 4he will is considered as *eing unac6nowledged. ). Iuestions. I1+ 3an a witness *e an agent who will sign for the testator1 A1+ (a) >es. 4here is no prohi*ition. (*) ,o. 4he testator must sign *efore & witnesses. 8e cannot sign *efore himself. 4o *e safe. do not let this happen. As the law%er. *e sure %ou ha(e at least & witnesses. I"+ Is there an% particular order of signing1 A"+ (a) ,o. As long as the signing is done on one occasion or one continuing transaction. (*) >es. If the signing is not done on one occasion or transaction. In such a case. there is nothing that the witness is attesting to.
Artic es CD7 and CDC are s"ecia additiona re,uire!ents $%ic% are !andatory. Art. CD7. If t%e testator be deaf; or a deaf+!ute; %e !ust "ersona y read t%e $i ; if ab e to do so9 ot%er$ise; %e s%a designate t$o "ersons to read it and co!!unicate to %i!; in so!e "racticab e !anner; t%e contents t%ereof. 2alane+ 4his pro(ision lists down a special requirement if a notarial will is e$ecuted *% a deafmute testator. 1. 4here are two cases contemplated+ (1) If the testator can read. then he must read the will personall%! (") If illiterate. then " persons must read the will and communicate to him the meaning of the will in some practica*le manner. ". 4he law is not clear if the " persons reading it to him would do it separatel% or in consonance. &. 4hese additional requirements are mandator% *% perfect analog% to the case of <arcia (. HasqueB.. Art. CDC. If t%e testator is b ind; t%e $i s%a be read to %i! t$ice9 once; by one of t%e subscribing $itnesses; and again; by t%e notary "ub ic before $%o! t%e $i is acEno$ edged.
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2alane+ 1. If the testator is *lind. the will must *e read to him twice+ (1) *% one of the su*scri*ing witnesses! and (") *% the notar% pu*lic. not necessaril% in that order. ". a. Is the pro(ision mandator%1 >es. If this is not followed. the will is (oid. (<arcia (. HasqueB.) In the case. the will was read to the testator onl% once. 4he S3 denied pro*ate of the will for failing to compl% w7 the requirements of Art. CDC. Such failure is a formal defect. *. 3an this *e presumed1 ,o. c. 3an this *e pro(en to ha(e *een complied w7 *% competent e(idence1 >es. In the a*sence of w7c the will is (oid. Such fact or reading must *e pro(en *% e(idence during the pro*ate proceedings. &. 'urpose+ 4he reading is mandator% for the purpose of ma6ing 6nown to the testator the pro(ision of the will so that he ma% o*=ect if it is not in accordance w7 his wishes. Art. CD'. In t%e absence of bad fait%; forgery; or fraud; or undue and i!"ro"er "ressure and inf uence; defects and i!"erfections in t%e for! of attestation or in t%e anguage used t%erein s%a not render t%e $i inva id if it is "roved t%at t%e $i $as in fact e?ecuted and attested in substantia co!" iance $it% a t%e re,uire!ents of artic e CDA. 2alane+ 4his is a li*eraliBation rule. an attempt to li*eraliBe Articles CD) to CDC. Su*stantial compliance w7 Articles CD? and CD@ will (alidate the will despite some defects in the attestation clause. /oo6ing at Art. CDE. %ou get the impression of utmost li*eraliBation. 0e can not determine how li*eral we can *e or can we go. 4his article does not gi(e a clear rule. F2/ Re%es and 4olentino suggest that %ou ma6e a distinction. <uide+ If the defect is something that can *e remedied *% the (isual e$amination of the will itself. li*eraliBe. If not. then %ou ha(e to *e strict. Illustration+ If in an attestation clause. the num*er of pages used was not stated. then %ou can li*eraliBe *ec. *% e$amining the will itself. %ou can detect the defect. 4his is *ec. the pagination of statement in the attestation clause is merel% a dou*le chec6. If the attestation clause failed to state that 5the testator signed in the presence of witnesses.5 and this can not *e remedied *% (isual e$amination of the will. then %ou need to *e strict. Suggested amendment of the law+ 5If such defect and imperfections can *e supplied *% e$amination of the will itself and it is pro(ed.5 Artic es C&D to C&>.++ Provisions on Holographic Wills. Art. C&D. A "erson !ay e?ecute a %o ogra"%ic $i $%ic% !ust be entire y $ritten; dated; and signed by t%e %and of t%e testator %i!se f. It is sub6ect to no ot%er for!; and !ay be !ade in or out of t%e P%i i""ines; and need not be $itnessed. 2alane+ A. Ad(antages+ 1. 3heaper. simple. easier to re(ise. no notar% pu*lic needed
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". A*solute secrec% is guaranteed- onl% %ou. the father and the mem*ers of the famil% will 6now its contents. isad(antages+ 1. 'recisel% *ec. it guarantees secrec% and is simpler. it is also easier to falsif%-- less people %ou need to collude w7-- onl% %ourself. *ut in attested will. %ou need at least four ()) other people. ". It ma% not e$press testator;s wishes due to fault% e$pression &. ,o protection against causes (itiating consent *ec. there are no witnesses-- danger is higher. ). oes not re(eal testamentar% capacit% of testator due to lac6 of witnesses ?. #asier to conceal than an attested will.-- %ou can allege that no will was made @. <enerall%. danger of am*iguit% is greater than in attested wills.-- *ec. testator is not a law%er. he ma% not understand technical and legal words. In attested will. the testator is assisted *% a law%er. F2/ Re%es opines that the disad(antages outweigh the ad(antages. 8e suggested a middle ground. a m%stic will (testamento cerrado.) It is not as strict as a notarial will. *ut not as fraught w7 ris6s as a holographic will. 4his 6ind of will is sealed in an en(elope and *rought to the notar% who puts his seal and signs to authenticate. and it will *e opened onl% upon the death of the testator. 4his 6ind of will minimiBes the ris6 of fraud and protects the pri(ac% of the testator. 2. Real Requirements.-- MA, A4-R>.-- must *e *% the hand of the testator himself. 1. 0ritten entirel% *% the testator (a) If partl% *% the testator and partl% *% another person. H-I (*) If another person wrote an additional part w7o 6nowledge of the testator. the will is HA/I *ut the addition is H-I . (c) If another person wrote an additional part w7 the 6nowledge of the testator. H-I . ". ated #.g..
a. (1) Ro$as (. de Fesus.-- -n the will. the date was written as 59e*.7 @1.5 Is it (alid1 >es. <eneral rule+ a%. month and %ear must *e indicated. #$ception+ 0hen there is no appearance of fraud. *ad faith. undue influence. and pressure and the authenticit% of the will is esta*lished. and the onl% issue is whether or not 59e*.7@15 is (alid. then it should *e allowed under the principle of su*stantial compliance. 3-MM#,4+ I am not happ% w7 the decision *ec. the period co(ers one whole month. -ne of the purposes is to 6now when it was e$ecuted. speciall% in the cases where there are other wills. #$ample. another will dated 9e*. 1A7 @1. As such. it is dangerous to sa% that 59e*.7@15 is sufficient. (") /a*rador (. 3a.-- In this case . the date was indicated in the *od% of the will as part of the narration. Is this (alid1 >es. It is not necessar% that the will *e separate from the *od%. In fact. it can *e an%where in the will as long as the date appears in the will.
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*. If the date is pro(en wrong. then its (alidit% depends on whether the error is deli*erate or not. If deli*erate. the will is considered not dated and the will is (oid. If not deli*erate. the date will *e considered as the true date. c. ate is usuall% written *% putting the da%. month. and %ear. 8owe(er. other wa%s ma% *e adopted such as 53hristmas da% of 1EE?.5 &. Signature.-- 3ommentators ha(e said that the signature must consist of the testator;s writing his name down. 4he reason for this is since he is a*le to write his will. then he is literate enough to write his name. 3. 1. Are holographic wills in letters allowed1 >es. pro(ided there is an intent on the part of the testator to dispose of the propert% in the letters and the & requisites are present. #.g.. 5I gi(e %ou 17" of m% estate as pro(ided for in the document I 6ept in the safe.5 4his is a holographic will *ec. the letter does not in itself dispose of the propert%. ". 3an a *lind testator ma6e a holographic will1 >es. 4here is no form required. 0hat is important is the presence of the & requisites. Art. C&&. In t%e "robate of a %o ogra"%ic $i ; it s%a be necessary t%at at east one $itness $%o Eno$s t%e %and$riting and signature of t%e testator e?" icit y dec are t%at t%e $i and t%e signature are in t%e %and$riting of t%e testator. If t%e $i is contested; at east t%ree of suc% $itnesses s%a be re,uired. In t%e absence of any co!"etent $itness referred to in t%e "receding "aragra"%; and if t%e court dee! it necessary; e?"ert testi!ony !ay be resorted to. 2alane+ Re,uire!ents in t%e Probate of 1o ogra"%ic 2i s: 1. ocumentar% Requirement
a. <eneral rule+ 4he will itself must *e presented <an (. >ap.-- In the case. the proponent of the supposed will sought to esta*lish its contents through e$trinsic e(idence. 4he S3 denied such attempt to pro*ate a holographic will that was not presented *efore the court. 4he S3 said that the actual will should *e presented to the court. 4he reason is that the will itself is the onl% material proof of authenticit%. 8ow can the% oppose the will if the will is not there1 #.g.. >ou are presented in the pro*ate court the *lood% test papers of A in 3i(il /aw. =ust to show the handwriting of A. *ut %ou do not ha(e the will. 8ow will %ou compare when %ou do not ha(e an% will to *e compared. 2ut if the will is there. I would *e the first one to pro(e %our handwriting *% showing %our *lood% test papers. (2alane.) #$ception+ If there is an e$isting cop% or duplicate photostatic $ero$. Rodelas (. AranBa.-- In the case. the proponent of the will sought to present a cop% of the holographic will to the court. 4he court allowed the production of the cop%. 4he *asis of this acceptance is the footnote no. C in the case of <an (. >an where the court said that 5perhaps if a photostatic cop% is presented...5 4he merit of the Rodelas case is dou*tful.. Authenticit% of the will is *ased on the handwriting and the signature. 8andwriting e$perts use as a *ases the penlifts of the writer. In
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photocopies. penlifts are not discerni*le and so the e$perts are depri(ed of their *asis in determining the authenticit% of the will. *. /ost holographic wills can not *e pro*ated e(en *% the testimonies of the witnesses. 4he reason is that the will itself is the onl% proof of its authenticit%. ". 4estimonial Requirement a. :ncontested will.-- onl% one witness to identif% the signature and handwriting of the testator. *. 3ontested will.-- three witnesses to identif% the signature and handwriting of the testator. ABaola (. Singson.-- In the case. the oppositors of the will contested the will on the ground that it was e$ecuted through fraud. 4he%. howe(er. admitted its due e$ecution. uring the case. the proponent presented onl% one witness to identif% the signature and handwriting of the testator. Is one witness sufficient considering there is an oppositor to the will1 >es. 4he S3 held that one witness is sufficient. 0hat the law en(isions is that the genuineness of the handwriting and signature *e contested. 3ontested holographic will refers to the challenge *% the oppossitors that the will is not in the handwriting of the deceased. 4he oppossitors in this case did not challenge the handwriting of the deceased. 4heir ground for opposing pro*ate is that the will was e$ecuted through fraud and improper and undue influence. 8ence. the pro*ate required onl% one witness. 4he authenticit% of the will is not contested. 4herefore. the will itself. not *eing contested was that of the testator. 4he oppossitors here precisel% admit that authenticit% of the will *ut oppose on the ground that there is fraud or undue influence initiated upon her in the e$ecution of the will. 8ence. it is uncontested. 2biter dictum3 4he three witness pro(ision for contested holographic will is merel% director%. 4he court upon satisf%ing itself of the authenticit% of the will can require one or ten witnesses. 4he =udge 6nows *est. 4he second paragraph of Art. C11 gi(es the court discretion. hence the director% effect of the Art.-- (a) it is a matter of qualit% and not quantit%! (*) to require & witnesses. ma6es it worse than treason. w7c requires onl% " witnesses. 0hich is *etter1 -ne who testif% *ut w7 unquestioned credi*ilit% or "D AHS#3-M witnesses1 So do not rel% on the quantit%. 4he case of ABaola is merel% a guide and interprets Art. C11 for us. It is not mandator%. It alwa%s depends on the =udge. Art. C&:. In %o ogra"%ic $i s; t%e dis"ositions of t%e testator $ritten be o$ %is signature !ust be dated and signed by %i! in order to !aEe t%e! va id as testa!entary dis"ositions. 2alane+ 4o authenticate additional dispositions. the same must *e signed and dated *% the testator. Art. C&8. 2%en a nu!ber of dis"ositions a""earing in a %o ogra"%ic $i are signed $it%out being dated; and t%e ast dis"osition %as a signature and date; suc% date va idates t%e dis"ositions "receding it; $%atever be t%e ti!e of "rior dis"ositions. 2alane+ If a will has se(eral additions. the testator has two options+ (1) Sign each disposition and sign and date the last! or (") Sign and date each one of the additions.
'A<# "C

Art. C&>. In case of any insertion; cance ation; erasure or a teration in a %o ogra"%ic $i ; t%e testator !ust aut%enticate t%e sa!e by %is fu signature. 2alane+ Insertion; Cance ation; Erasure; or A teration.++ Authenticate *% 5full signature.5 that is. in the manner the testator usuall% signs his name. Jalaw (. Relo(a.-- In the case. there were " alterations. In the first alteration. the name of Rosa as sole heir was crossed out and <regorio;s name was inserted. In the second alteration. the name of Rosa as e$ecutor was crossed out and <regorio;s name was inserted. 4he second alteration was initialed. Are the alterations (alid1 ,o. Alteration 1+ ,ot signed. thus. not (alid. Alteration "+ Initialed. thus. not (alid! it must *e full signature. <regorio cannot inherit as a sole heir *ec. it was not authenticated. Rosa cannot inherit as sole heir *ec. her name was crossed out. 4his indicated a change of mind on the part of the testator. 4he S3 held that a change done *% cancellation and putting in a new name. w7o the full signature. is not (alid. As such. the pro*ate is denied and the% *oth inherit *% intestac%. 2alane+ Rosa should inherit as sole heir. 4he cancellation was not done properl% since it was not signed. 4he effect is as if the cancellation was not done. If the testator wants to change his mind. he should reflect it in the proper wa%. -: 1o$ do $e !aEe a c%ange in a notaria $i 0 A+ 4here is no pro(ision of law dealing on this. 4he ordinar% rules of e(idence will appl%. 4o pro(e change. the testator should affi$ either his signature or initials. 4he *est wa%. howe(er. is to ha(e the testator and notar% pu*lic sign. Artic es C&A to C&7.++ La s hich govern formal e!ecution according to the place of e!ecution. Art. C&A. 2%en a 4i i"ino is in a foreign country; %e is aut%oriHed to !aEe a $i in any of t%e for!s estab is%ed by t%e a$ of t%e country in $%ic% %e !ay be. Suc% $i !ay be "robated in t%e P%i i""ines. Art. C&(. )%e $i of an a ien $%o is abroad "roduces effect in t%e P%i i""ines if !ade $it% t%e for!a ities "rescribed by t%e a$ of t%e " ace in $%ic% %e resides; or according to t%e for!a ities observed in %is country; or in confor!ity $it% t%ose $%ic% t%is Code "rescribes. Art. C&7. A $i !ade in t%e P%i i""ines by a citiHen or sub6ect of anot%er country; $%ic% is e?ecuted in accordance $it% t%e a$ of t%e country of $%ic% %e is a citiHen or sub6ect; and $%ic% !ig%t be "roved and a o$ed by t%e a$ of %is o$n country; s%a %ave t%e sa!e effect as if e?ecuted according to t%e a$s of t%e P%i i""ines. 2alane+ 1. 9our com*inations as to situation+ a. 9ilipino ma6es a will here
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*. 9ilipino ma6es a will a*road. c. 9oreigner ma6es a will here. d. 9oreigner ma6es a will a*road. ". 0hat law go(erns the (alidit% of will1 a. Intrinsic.-- the national law of the testator *. 4ime.-- At the time of death. c. 'lace.-- the same for 9ilipinos and aliens. 4he same rule where(er %ou ma6e %our will. >ou ha(e fi(e (?) choices-- the law of 1. 4he testator;s citiBenship ". 4estator;s domicile &. 'lace of e$ecution ). 4estator;s residence ?. 'hilippines. #$ample. an Argentine citiBen. domiciled in 9rance. residing in 2elgium (isiting the 'hils. In Fapan. he e$ecuted a will. 8e ma% choose among the fi(e (?) places as to what law shall go(ern the formal requirements of his will. If Ru*en e$ecuted a will in Ma6ati. he will ha(e to follow 'hilippine law *ec. all the choices points to that onl%.
Art. C&C. )$o or !ore "ersons cannot !aEe a $i 6oint y; or in t%e sa!e instru!ent; eit%er for t%eir reci"roca benefit or for t%e benefit of a t%ird "erson. 2alane+ &. *efinitions.++ (a) A =oint will is one document w7c ser(es as the will of " persons! this is prohi*ited! (*) A reciprocal will in(ol(es " instruments reciprocall% ma6ing each other heir! this is not prohi*ited. :. E e!ents of a 3oint 2i : (a) one single instrument! (*) it is the will of " or more persons. 8. -: 2%y are 3oint 2i s Pro%ibited0 A+ (a) It encourages undue influence. murder. or attempt to 6ill the other *ec. generall%. =oint wills *enefit each other. (*) It runs counter to the idea that wills are re(oca*le. It ma6es re(ocation more difficult. #.g.. tearing it up-- destro%s the will of another. (c) It undermines the personal element of a will.-- It *ecomes a multiple will. >. E?a!" es: a. -ne sheet of paper. -n each side is a will of one person. Is it (alid1 >es. *ec. there are " documents. *. -ne sheet of paper. -n the front page. on the upper half is a will of A. -n the *ottom half is the will of 2. Is it (alid1 >es. 4his is not a =oint will *ec. there are still " documents. ). In <erman%. =oint wills are allowed onl% if e$ecuted *% the spouses. ?. 4he presumption is that wills are (alid. 4he fault pro*a*l% is in the wording of the law. Foint will-- one instrument. 0hat the law prohi*its is not " wills on the same sheet of paper *ut =oint wills.
'A<# &D

Art. C&'. 2i s; "ro%ibited by t%e "receding artic e; e?ecuted by 4i i"inos in a foreign country s%a not be va id in t%e P%i i""ines; even t%oug% aut%oriHed by t%e a$s of t%e country $%ere t%ey !ay %ave been e?ecuted. 2alane+ 1. 4his pro(ision is an e$ception to the rule enunciated in Articles C1? to C1A that for 9ilipinos. as long as the will is (alid in the place of e$ecution. then it is (alid in the 'hils. ". 9ilipinos. whether here or a*road. cannot e$ecute =oint wills. It is against pu*lic polic%. &. 3an aliens e$ecute =oint wills1 a. If e$ecuted in the countr% where it is allowed. >#S. it ma% *e pro*ated here. *. If made here and their countr% allows them to do this1 4here are " (iews on this+ (i) >es. follow the personal law. (ii) ,o *ec. it is against pu*lic polic%. Subsection >.++ Witnesses to Wills. Art. C:D. Any "erson of sound !ind and of t%e age of eig%teen years or !ore; and not b ind; deaf or du!b; and ab e to read and $rite; !ay be a $itness to t%e e?ecution of a $i !entioned in artic e CDA of t%is Code. Art. C:&. )%e fo o$ing are dis,ua ified fro! being $itnesses to a $i : .&/ Any "erson not do!ici ed in t%e P%i i""ines9 .:/ )%ose $%o %ave been convicted of fa sification of a docu!ent; "er6ury or fa se testi!ony. 2alane+ Articles C"D and C"1 ma% *e ta6en together. 4hese pro(isions are applica*le onl% to attested wills and not to holographic wills. Si? -ua ifications of 2itnesses to 2i s or Re,uisites for Co!"etence to be a 2itness: a. "ound -ind.++ A*ilit% to comprehend what he is doing. same as soundness of mind for contracts. *. !t least (4 yrs or o#er.++ 3omputed according to the calendar %ear. c. 5ot Blind, deaf and mute, dumb.++ 4his is important *ec. these are the three senses %ou use for witnessing. d. !ble to read and write.-- /iterate. Some commentators sa% thum* mar6 is not sufficient for witnesses! he has to affi$ his signature. e. 6e must be domiciled in the Philippines. I+ If a will is e$ecuted a*road in a place where there is no one domiciled in the 'hils. although there are 9ilipino citiBens not domiciled in the 'hils.. does domicile requirement still appl%1 A+ 4here are two answers for all theor% 1. >es *ec. the law does not distinguish ". ,o. there is an implied qualification.-- 4he rule applies in wills e$ecuted in
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the 'hils. 4o *e practical. there are two solutions+ 1. >ou ha(e ? choices as to w7c law go(erns. 3hoose an%. ". Fust e$ecute a holographic will. f. 6e must not ha#e been con#icted of falsification of document, per/ury or false testimony. I+ 0h% not rape1 A+ 2ec. chastit% has nothing to do w7 truthfulness. 4ruthfulness is the gauge. <onBales (. 3A.-- In the case. the oppossitor of the pro*ate alleged that the will cannot *e pro*ated *ec. the proponent was not a*le to pro(e that the & witnesses were credi*le. She claims that Art. CD? requires that witnesses must *e credi*le as shown in the e(idence of record. Is the oppossitor correct1 ,o. :nder the law. there is no mandator% requirement that the proponent of the will pro(e the credi*ilit% of the witnesses to the will. Such credi*ilit% is presumed. 8owe(er. the oppossitor ma% pro(e otherwise *% presenting e(idence. 4he S3 also said that credi*ilit% is determined *% the manner the witness testifies in court. In other words. credi*ilit% depends on how much the court appreciates and *elie(es his testimon%. Social standing or financial position has nothing to do w7 a witness; credi*ilit%. /astl%. the S3 said that competenc% and credi*ilit% are different. A witness to a will is competent if he has all the qualifications and none of the disqualifications to *e a witness while credi*ilit% depends on the appreciation of the court of the testimon% of the witness. Art. C::. If t%e $itnesses attesting t%e e?ecution of a $i are co!"etent at t%e ti!e of attesting; t%eir beco!ing subse,uent y inco!"etent s%a not "revent t%e a o$ance of t%e $i . 2alane+ 3ompetenc% or capacit% to *e a witness+ (1) is determined at the time of witnessing! (") must ha(e the si$ qualifications. In effect. this is the same rule in testamentar% capacit%.
Art. C:8. If a "erson attests t%e e?ecution of a $i ; to $%o! or to $%ose s"ouse; or "arent; or c%i d; a devise or egacy is given by suc% $i ; suc% devise or egacy s%a ; so far on y as concerns suc% "erson; or s"ouse; or "arent; or c%i d of suc% "erson; or any one c ai!ing under suc% "erson or s"ouse; or "arent; or c%i d; be void; un ess t%ere are t%ree ot%er co!"etent $itnesses to suc% $i . 1o$ever; suc% "erson so attesting s%a be ad!itted as a $itness as if suc% devise or egacy %ad not been !ade or given. 2alane+ 4his is a misplaced pro(ision. It should not *e put here *ut on the section on the disqualification to inherit. It does not tell us that it incapacitates a witness. It tells us of the incapacit% of a witness to succeed. <eneral rule+ 0itness. his spouse. parent. child. or person claiming under an% of them cannot inherit. #$ception+ 4here are three other witnesses to the will. #.g.+ (a) 4estator A. 0itnesses 2. 3. . It is presumed that the% are all qualified to *e
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witnesses. A. in a will. ma6es legac% to 2. gi(ing him a car. oes it disqualif% 2 to *e a witness1 ,o. it disqualifies 2 to inherit. 4he legac% is (oid. (*) If there were ) witnesses. 4he legac% is gi(en to 2. Is the legac% (alid1 >es. *ec. there are & other witnesses. (c) If there are four witnesses. each one is gi(en a de(ise or legac%. (i) Are the% competent to *e witnesses1 >es. (ii) Are *equests to them (alid1 4here are " (iews+ 1. >es. 2ec. for each of them. there are three other witnesses. (/i*eral (iew.) ". ,o. 2ec. this is an o*(ious circum(ention of Art. C"&. Art. C"& has for its purpose the pre(ention of collusion. (Strict (iew.) Art. C:>. A !ere c%arge on t%e estate of t%e testator for t%e "ay!ent of debts due at t%e ti!e of t%e testatorGs deat% does not "revent %is creditors fro! being co!"etent $itnesses to %is $i . Subsection A.++ Codicils and Incorporation "y #eference. Art. C:A. A codici is a su"" e!ent or addition to a $i ; !ade after t%e e?ecution of a $i and anne?ed to be taEen as a "art t%ereof; by $%ic% any dis"osition !ade in t%e origina $i is e?" ained; added to; or a tered. 2alane+ #.g.. In a will. 5I gi(e m% car to A. Ful% ". 1EE?.5 2ec. I want to specif% w7c of m% cars. I ma6e a will stating 5In m% will of Ful% ". 1EE?. I ga(e a car to A. I want to clarif% that I am gi(ing him m% 2M0 w7 plate num*er .......5 I+ 0hen is a su*sequent document a codicil and when is it another will1 A+ 1. It is a codicil when it e$plains. adds to. or alters a pro(ision in a prior will. ". It is another will if it ma6es an independent disposition. #.g.. Fune 1. 1EE?. 5I gi(e m% car to A.5 Ful% 1. 1EE?. 5I gi(e m% house to 2.5 4his is a second will. 9our Iuestions+ 1. If original will is attested. can %ou ma6e an attested codicil1 ". If original will is attested. can %ou ma6e a holographic codicil1 &. If original will is holographic. can %ou ma6e a holographic codicil1 ). If the original will is holographic. can %ou ma6e an attested codicil1 A+ >es to all. 4he form of a codicil does not ha(e to conform to the form of the will. A will does not impose its form on the codicil. As long as the codicil complies w7 the form of wills. it is (alid. (Art. C"@.) Art. C:(. In order t%at a codici !ay be effective; it s%a be e?ecuted as in t%e case of a $i . 2alane+ 0hether %ou call the second document a will or a codicil does not reall% matter. It is all
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theoretical. It is onl% a matter of terminologies. 4he% *oth require the formal requisites of a will.
Art. C:7. If a $i ; e?ecuted as re,uired by t%is Code; incor"orates into itse f by reference any docu!ent or "a"er; suc% docu!ent or "a"er s%a not be considered a "art of t%e $i un ess t%e fo o$ing re,uisites are "resent: .&/ )%e docu!ent or "a"er referred to in t%e $i !ust be in e?istence at t%e ti!e of t%e e?ecution of t%e $i 9 .:/ )%e $i !ust c ear y describe and identify t%e sa!e; stating a!ong ot%er t%ings t%e nu!ber of "ages t%ereof9 .8/ It !ust be identified by c ear and satisfactory "roof as t%e docu!ent or "a"er referred to t%erein9 and .>/ It !ust be signed by t%e testator and t%e $itnesses on eac% and every "age; e?ce"t in case of vo u!inous booEs of account or inventories. 2alane+ I+ 0hat do %ou incorporate1 A+ <enerall%. the documents that clarif% pro(isions in the will to w7c it is attached. #.g.. in(entories. s6etches. *oo6s of account I+ 3an a document contain an% testamentar% disposition1 0h%1 A+ ,o. 2ec. the% do not conform to the requirements of wills. Re,uisites for Incor"oration by Reference: 1. ocument must pre-e$ist the will. It must *e in e$istence when the will is made. ". 4he will must refer to the document. stating among other things the num*er of pages of the document. &. 4he document must *e identified during the pro*ate of the will as the document referred to in the will ). It must *e signed *% the testator and the witnesses on each and e(er% page. e$cept in case of (oluminous *oo6s of accounts or in(entories. I+ 3an a document *e incorporated in a holographic will considering that the attached document must *e signed *% witnesses and that the holographic will has no witnesses1 A+ 4here are " (iews. (a) >es. witnesses referred to *% law should *e ta6en to mean onl% if there are witnesses to the will. 4here is no specification in the law. (*) ,o. 4he fourth requisite presupposes there were witnesses. It seems to co(er onl% attested wills. Subsection (. #evocation of Wills and Testamentary $ispositions. Art. C:C. A $i !ay be revoEed by t%e testator at any ti!e before %is deat%. Any $aiver or restriction of t%is rig%t is void. 2alane+ -ne of the characteristics of a will is that it is am*ulator%. It is not fi$ed. it is re(oca*le. Re(oca*ilit% is an essential requisite of a will. So an% wai(er or restriction of this right is (oid. 4here are no e$ceptions to this rule.
'A<# &)

I+ 3an the testator ma6e a will irre(oca*le1 A+ ,o. As long as he is ali(e. he can re(o6e will at pleasure. inter #i#os w7c cannot *e re(o6ed at pleasure *% the donor.
istinguish this from a donation
Art. C:'. A revocation done outside t%e P%i i""ines; by a "erson $%o does not %ave %is do!ici e in t%is country; is va id $%en it is done according to t%e a$ of t%e " ace $%ere t%e $i $as !ade; or according to t%e a$ of t%e " ace in $%ic% t%e testator %ad %is do!ici e at t%e ti!e9 and if t%e revocation taEes " ace in t%is country; $%en it is in accordance $it% t%e "rovisions of t%is Code. 2alane+ 4his article is incomplete. It does not co(er all situations. I+ 8ow do %ou re(o6e1 0hat law go(erns re(ocation1 A+ It depends where the re(ocation is made+ 1. If done outside the 'hils+ a. If the testator is not domiciled in the 'hils+ (i) the law of the place where the will was made (ii) the law of the place where the testator was domiciled at the time of the re(ocation *. If the testator is domiciled in the 'hils+ (i) 'hil. law *ec. his domicile is here. (ii) /aw of the place of re(ocation *ec. of Art. 1A. ,33 ". If done inside the 'hils.. follow 'hil. law. Art. C8D. No $i s%a be revoEed e?ce"t in t%e fo o$ing cases: .&/ By i!" ication of a$9 or .:/ By so!e $i ; codici ; or ot%er $riting e?ecuted as "rovided in case of $i s9 or .8/ By burning; tearing; cance ing; or ob iterating t%e $i $it% t%e intention of revoEing it; by t%e testator %i!se f; or by so!e ot%er "erson in %is "resence; and by %is e?"ress direction. If burned; torn; cance ed; or ob iterated by so!e ot%er "erson; $it%out t%e e?"ress direction of t%e testator; t%e $i !ay sti be estab is%ed; and t%e estate distributed in accordance t%ere$it%; if its contents; and due e?ecution; and t%e fact of its unaut%oriHed destruction; cance ation; or ob iteration are estab is%ed according to t%e Ru es of Court. 2alane+ )%ree 2ays of RevoEing a 2i : &. By I!" ication of La$. a. Art. 1D&".-- :nworthiness to succeed. e.g.. I instituted ' as heiress. after which she 6illed m% parents. 4he will instituting her as heiress is re(o6ed *% implication of law. *. Art. E?A.-- eals w7 the de(ise or legac%.-- transformation of the propert% *% the testator. e.g.. If I con(erted to a su*di(ision the fishpond w7c I ga(e to 4 as de(ise.
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c. Art. 1D@.-- /egal separation. 4he guilt% spouse. who ga(e the ground for legal separation. will not inherit and an%thing gi(en to her is impliedl% ta6en awa% *% law. d. Art. C?).-- Preterition annuls the institution of heirs. :. By Subse,uent Instru!ent; 2i or Codici : a. Requisites+ 1. 3apacit% to re(o6e.-- Insane persons can not re(o6e ". Re(o6ing instrument. will or codicil must *e (alid &. Re(o6ing instrument. will or codicil must contain either a re(o6ing clause (e$press) or *e incompati*le (implied) ). Re(o6ing will must *e pro*ated *ec. w7o pro*ating. it can not ha(e the effect of re(ocation. *. Such re(ocation ma% either *e+ 1. #$press.-- 3ontains an e$press re(ocator% clause ". Implied.-- 'ro(isions of su*sequent will are incompati*le with the pro(isions of the prior will. It ma% either *e+ (i) total when all the pro(isions are incompati*le! (ii) partial when onl% some pro(isions are incompati*le. 8. By "%ysica *estruction.++ 4his is the most unlimited wa% of re(ocation *ec. it co(ers an% act of ph%sical destruction. It is not an e$clusi(e list *ut more or less co(ers e(er%thing E e!ents: a. Corpus.-- Act of destruction-- completion of intent-- all acts needed to re(o6e ha(e *een done I+ Must it *e total destruction1 A+ ,o. As long as e(idence on the face of the will shows act to re(o6e. *. !nimus.-- Intent and capacit% to re(o6e. 2oth elements must concur. #$amples+ a. A *lind testator as6ed his nurse to gi(e him his will. 4he nurse ga(e him his old letters. 4he testator thin6ing it is his will. threw it into the fire. In this case. there is animus *ut no corpus. Re(ocation is ineffecti(e. *. I threw m% ci(il law e$ams. 2ut it turned out it was m% will. Re(ocation is not (alid. 4here is no animus or intent to re(o6e. Notes: 1. 8ow much destruction of the corpus do %ou need1 >ou need the ph%sical destruction of the will itself. oes it mean total destruction of the will. so that nothing will *e left1 ,o. As long as there is e(idence of ph%sical destruction. li6e let us sa%. edges were *urned. If onl% the co(er was *urned. there is no re(ocation-- no corpus. If the destruction was not total. there is still re(ocation. as long as there is7 was e(idence of the destruction of the will. the destruction need not *e total.
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". A man can not re(o6e the will effecti(el% *ec. of insanit%. &. In case of tearing. there must *e intent to re(o6e. 4hat is. the testator had completed what he intended to *e done. If in the act of tearing. the testator was dissuaded not to continue. is there re(ocation1 ,o. *ec. the testator was not a*le to do what he intended to *e done. #.g.. If the testator tore the will into ". and when he was a*out to tear it into quarters. the heir as6ed for his forgi(eness. 4he testator said+ 5Fust paste the will.5 Is there re(ocation1 ,one. 4here is no animus *ec. he was not a*le to complete what he intended to do. ). If the testator totall% destro%ed the will and he changed his mind. is there re(ocation1 >es. 4he act was alread% consummated. 8is remed% is to e$ecute another will. Maloto (. 3A.-- In the case. the estate was distri*uted equall% *% intestac% *et. the ) heirs. Su*sequentl%. a will was found. In the will. more was gi(en to " of the heirs. As such. the " who got more sought the pro*ate of the will. 4he other " o*=ected claiming that the will had *een re(o6ed. 4he issue is whether or not there had *een a (alid re(ocation. 4he S3 held no. 0hile there ma% ha(e *een intent to re(o6e. there was no corpus. 4here is no e(idence to show that what was re(o6ed was the will of the testator. Also. the destruction was not pro(en to ha(e *een done in the presence and under the e$pression of the testator. <ago (. Mamu%ac.-- 0here the will can not *e located at the time of the death of the testator *ut was shown to ha(e *een in the possession or control of the testator when last seen. the presumption is that in the a*sence of competent e(idence to the contrar%. the will was cancelled or destro%ed *% the testator. 4he rationale is that it is hard to pro(e the act of re(ocation of the testator. 4he presumption is disputa*le. I+ In the case. what if the will was not seen in the possession of the testator1 0ill there *e the same presumption of re(ocation1 A+ 4he case does not sa% so. 2ut *% analog%. %es. 4he S3. howe(er. had not gone this far. Art. C8&. Subse,uent $i s $%ic% do not revoEe t%e "revious ones in an e?"ress !anner; annu on y suc% dis"ositions in t%e "rior $i s as are inconsistent $it% or contrary to t%ose contained in t%e atter $i s. 2alane+ 4his is included as an element in re(ocation *% su*sequent instrument. Art. C8:. A revocation !ade in a subse,uent $i s%a taEe effect; even if t%e ne$ $i s%ou d beco!e ino"erative by reason of t%e inca"acity of t%e %eirs; devisees or egatees designated t%erein; or by t%eir renunciation. 2alane+ <eneral Rule+ octrine of A*solute Re(ocation.-- 4he re(ocation of a prior will *% means of a su*sequent will is a*solute. Such re(ocation does not depend on+ 1. 3apacit% of heirs. de(isees. and legatees in the "nd will! or ". -n their acceptance. 4he re(ocation will *e operati(e e(en the heirs. de(isees. or legatees named in the re(o6ing will are disqualified or the% renounce. #.g.. 0ill 1.-- 5I gi(e m% house and lot to A.5 (1EE?) 0ill ".-- 5I gi(e m% house to 2 and here*% re(o6e m% first will.5 (1EEA)
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Suppose. upon the testators;s death. 2 renounces or is incapacitated. what is the effect1 4he institution of A is still re(o6ed. 8ouse and lot will go *% intestac%. 4he first will not *e re(i(ed *% the reason of the inoperation of the re(o6ing will due to its renunciation or the incapacit% of heirs. de(isees. or legatees in it. 4he rationale is that the second will was (alid e$cept that it was rendered inoperati(e. #$ception+ octrine of ependent Relati(e Re(ocation.-- Re(ocation of the first will is made *% the testator to *e dependent on the capacit% and acceptance of the heirs. de(isees. and legatees of the su*sequent will. 8ow do %ou 6now1 4he testator said so in the will. #.g.. 0ill 1.-- 5I gi(e m% car to A.5 (1EE?) 0ill ".-- 5I gi(e m% car to 2. Such legac% is dependent upon the capacit% and acceptance of 2.5 (1EEA) 4he institution of 2 is conditional. 'rimar% institution-- 2! Secondar% institution-- A. Art. C88. A revocation of a $i based on a fa se cause or an i ega cause is nu and void. 2alane+ Is this article (iolati(e of the right to re(o6e. e(en without reason1 ,o. 4he testator need not ha(e a reason to re(o6e his will. 8e ma% re(o6e it capriciousl% or whimsicall% at pleasure. 2ut if the re(ocation is due to mista6e or is *ased on some cause and such cause was later pro(en to *e false. then the re(ocation is (oid *ec. all transactions *ased on mista6e are (itiated. that is. %ou are acting on a false cause of facts. 4he cause. howe(er. must *e stated in the will. 4his shows respect for the freedom of the testator to re(o6e. that his real intent *e followed. #.g.. a. 2ased on fact (6ind of dependent relati(e re(ocation *ec. he would re(o6e onl% if his information is true.)-- I instituted 3 as m% heir. /ater. I heard that it was 3 who 6illed m% *rother in a(ao. So. I re(o6ed m% will. 2ut it turned out that 3 did not do it. Re(ocation therefore is (oid. *. 2ased on impression.-- I gi(e m% car to 2 who is from Manila. I re(o6e m% designation of 2 *ec. I ha(e =ust found out that she is from IueBon and I hate people from IueBon *ec. the% are arrogant and o*no$ious. Is the re(ocation (alid1 >es. 2ec. the re(ocation is *ased on impression or is out of caprice. pre=udice. or unfounded ethnic opinion. E e!ents for Revocation to be Ino"erative: a. *. c. d. 3ause must *e a concrete and a factual one! 3ause must *e false! 4estator must not 6now of its falsit%! It appears on the face of the will that the testator is re(o6ing *ec. of the false cause.
Art. C8>. )%e recognition of an i egiti!ate c%i d does not ose its ega effect; even t%oug% t%e $i $%erein it $as !ade s%ou d be revoEed. 2alane+ 4his pro(ision is particularl% true under the ,33 *efore the enactment of the 93. -ne of the modes of recognition was *% a will. #(en if the will is re(o6ed. recognition is (alid. Recognition is irre(oca*le. 0h%1 2ec. it is not a testamentar% act *ut an act w7c under
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the law admits a relationship of paternit%. 4he same rule is still applica*le under the 93. Subsection 7.++ #epu"lication and #evival of Wills.. Art. C8A. )%e testator cannot re"ub is%; $it%out re"roducing in a subse,uent $i ; t%e dis"ositions contained in a "revious one $%ic% is void as to its for!. . Art. C8(. )%e e?ecution of a codici referring to a "revious $i %as t%e effect of re"ub is%ing t%e $i as !odified by t%e codici . 2alane+ Art. C&? is deri(ed from Argentine 3ode. If %ou want to re(i(e a will w7c is (oid as to its form. %ou must repu*lish the will and =ust cannot refer to it. #$ample. Attested will w7 =ust " witnesses. >ou disco(ered the mista6e later on. >ou cannot =ust repu*lish it. >ou ha(e to write it all o(er again. -n the other hand. Art. C&@ is deri(ed from the 3alifornia code. 4he mere reference to a pre(ious will will re(i(e it Result of the two articles+ 3haosK 8ow to reconcile1 /oo6 at 4olentino. Art. C&? e$plicitl% refers to wills (oid as to form. 3ause of the nullit% is the defect in the form. >ou must reproduce the dispositions in a su*sequent will. Art. C&@ applies if the reason of nullit% is other than defecti(e form. e.g.. :nderage testator. fraud. under duress. >ou ma% repu*lish or refer to the will. #.g.. 5I here*% repu*lish and re(i(e m% will of -ct. 1?. 1EE?...5 Said repu*lication was made after the disco(er% of the reason of the nullit%.
Art. C87. If after !aEing a $i ; t%e testator !aEes a second $i e?"ress y revoEing t%e first; t%e revocation of t%e second $i does not revive t%e first $i ; $%ic% can be revived on y by anot%er $i or codici . 2alane+ A. 4his pro(ision is craB%KKK Situation+ G ma6es a will in 1EE& (0ill 1) G ma6es a will in 1EE) e$pressl% re(o6ing will 1. (0ill ".) G ma6es a will in 1EE? re(o6ing will ". (0ill &.)
Re(ocation &nstanter++ instantl% 0ill 1 is not re(i(ed *ec. its re(ocation was instant #$ception+ 1. 0ill & e$pressl% re(i(es 0ill 1. ". will & reproduces pro(isions of 0ill 1.
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0h% craB%1 2ec. this is contrar% to esta*lished principles in succession. Succession 'rinciple 1. 0ill ta6es effect upon death. Art. C&A 1. <i(es the will " effects ante mortem. e(en if the testator is still ali(e. It ma6es the will operati(e e(en if the testator is ali(e. ". Ma6es it irre(oca*le.
". Re(oca*ilit% of wills.
2. Applies onl% when re(ocation of will 1 *% will " is e$press. 2% contrar% implication. if re(ocation of will 1 *% will " is implied. then re(ocation of will " *% will & will re(i(e will 1 e$cept if will & is incompati*le w7 will 1. In such cases. Art. C&A does not appl%. Subsection C.++ %llo ance and $isallo ance of Wills. Art. C8C. No $i s%a "ass eit%er rea or "ersona "ro"erty un ess it is "roved and a o$ed in accordance $it% t%e Ru es of Court. )%e testator %i!se f !a; during %is ifeti!e; "etition t%e court %aving 6urisdiction for t%e a o$ance of %is $i . In suc% case; t%e "ertinent "rovisions of t%e Ru es of Court for t%e a o$ance of $i s after t%e testatorGs deat% s%a govern. )%e Su"re!e Court s%a for!u ate suc% additiona Ru es of Court as !ay be necessary for t%e a o$ance of $i s on "etition of t%e testator. Sub6ect to t%e rig%t of a""ea ; t%e a o$ance of t%e $i ; eit%er during t%e ifeti!e of t%e testator or after %is deat%; s%a be conc usive as to its due e?ecution. 2alane+ 'ro*ate is mandator%. 4here are " 6inds of pro*ate+ (a) ante+mortem at the instance of the testator! (*) postmortem at the instance of an% interested part%. #ffect+ It is su*=ect to appeal *ut once final. it *ecomes conclusi(e or res /udicata as to its due e$ecution and testamentar% capacit% of the testator (e$trinsic (alidit%.) Advantages of %nte-mortem Probate: 1. It eases the mind of the testator ". 4here is opportunit% to change &. >ou can pro(e the capacit% of the testator *isadvantage of %nte-mortem Probate.++ otios-- superfluous. futile. 0h%1 2ec. the testator can easil% ma6e a su*sequent will re(o6ing it. So unless the testator is (er% sure. it might *e useless to ha(e an ante+mortem pro*ate. 4he issue in pro*ate is the e$trinsic or formal (alidit% of the will.
'A<# )D

<eneral rule+ Intrinsic or su*stanti(e (alidit% is not in issue. #$ception+ 4here is an intrinsic defect on the face of the will. ,epomoceno (. 3A.-- In the case. the testator left his entire estate to his legal wife and children *ut de(ised the free portion to his common-law wife. 0hen the common-law wife sought the pro*ate of the will. the 3A declared the will (alid. *ut held the de(ise to the commonlaw wife null and (oid for *eing contrar% to Art. A&E of the ,33. In effect. the court ruled on the intrinsic (alidit% of the will in the pro*ate proceedings. 0as the holding of the 3A correct1 4he S3 held that it was correct. Although the general rule is that onl% e$trinsic (alidit% could *e at issue during the pro*ate. this rule is not a*solute. <i(en e$ceptional circumstances. the pro*ate court ma% do what the situation constrains it to do *% passing upon certain pro(isions of the will. 3learl%. the de(ise for the common-law wife was (oid. 4he 3A had the authorit% to rule on such nullit%. It would *e practical for the court to rule on such an o*(ious matter. -therwise. the pro*ate might *ecome an idle ceremon% if on its face it appears to *e intrinsicall% (oid. <allanosa (. Arcangel- 'ro*ate are proceedings in rem and are mandator%. If the pro*ate is allowed. it *ecomes conclusi(e as to its e$trinsic (alidit% which pro(ides that+ 1. 4he testator was of sound mind when he e$ecuted the will. ". 4he testator was not acting under duress or fraud-- his consent was not (itiated &. 4he will was e$ecuted in accordance w7 the formalities required *% law ). 4he will is genuine and not a forger% I+ 0hat if after the pro*ate court *ecomes final a person was charged w7 forger% of the will. can he can he *e con(icted1 A+ ,o. the pro*ate is conclusi(e as to the will;s genuineness e(en against the state. e la 3erna (. Re*eca-'otot.-- 4his case in(ol(es a =oint will e$ecuted *% a hus*and and a wife. 4he hus*and died *efore the wife and the will was pro*ated. ,ow. the wife died and the testamentar% heirs sought the pro*ate of the will. 0ill the will *e pro*ated1 ,o. 4he S3 held that the first pro*ate was (alid onl% as to the share of the hus*and. 8owe(er. such earlier pro*ate cannot *e applied for the share of the wife *ec. she was still li(ing at the time the first pro*ate was made. As such. there is no res /udicata as to the share of the wife. As to the wife. since it is against a =oint will. then it is (oid and her propert% will pass *% intestac%. Art. C8'. )%e $i s%a be disa o$ed in any of t%e fo o$ing cases: .&/ If t%e for!a ities re,uired by a$ %ave not been co!" ied $it%9 .:/ If t%e testator $as insane; or ot%er$ise !enta y inca"ab e of !aEing a $i ; at t%e ti!e of its e?ecution9 .8/ If it $as e?ecuted t%roug% force or under duress; or t%e inf uence of fear; or t%reats9 .>/ If it $as "rocured by undue and i!"ro"er "ressure and inf uence; on t%e "art of t%e beneficiary or of so!e ot%er "erson9 .A/ If t%e signature of t%e testator $as "rocured by fraud9 .(/ If t%e testator acted by !istaEe or did not intend t%at t%e instru!ent %e signed s%ou d be %is $i at t%e ti!e of affi?ing %is signature t%ereto.
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2alane+ 4his enumeration is e$clusi(e. 4he% either ma6e the will (oid or (alid. 4here is no such thing as a (oida*le will. 1. 9ormalities.-- Art. CD? et seq. ". Insanit%.-- Art. AEE &. 9orce.-- (iolence-- Art. 1&&? par. 1 uress-- intimidation-- Art. 1&&? par. " ). :ndue and Improper pressure and influence.-- Art. 1&&A ?. 9raud.-- Art. 1&&C @. Mista6e.-- Art. 1&&1. Section :.++ Institution of Heir. Art. C>D. Institution of %eir is an act by virtue of $%ic% a testator designates in %is $i t%e "erson or "ersons $%o are to succeed %i! in %is "ro"erty and trans!issib e rig%ts and ob igations. 2alane+ 4he rules on institution of heir also appl% to de(isees and legatees.
Art. C>&. A $i s%a be va id even t%oug% it s%ou d contain an institution of an %eir; or suc% institution s%ou d not co!"rise t%e entire estate; and even t%oug% t%e "erson so instituted s%ou d not acce"t t%e in%eritance or s%ou d be inaca"acitated to succeed. In suc% cases t%e testa!entary dis"ositions !ade in accordance $it% a$ s%a be co!" ied $it% and t%e re!ainder of t%e estate s%a "ass to t%e ega %eirs. 2alane+ 1. #(en if there is no institution of an heir. the will is (alid. *ut it is useless unless it ac6nowledges an illegitimate child or disinherits a compulsor% heir. ". If the institution does not co(er the entire estate. the e$cess shall either go to the compulsor% heirs or *% intestac%. (Mi$ed succession.) &. 8ow much can the testator dispose of from his estate1 8e can dispose all. e$cept when there are compulsor% heirs. In such a case. he can onl% dispose of the free portion. ). <eneral rule+ If the will does not institute an heir. it need not *e pro*ated. #$ception+ #(en if it does not institute an heir. if an% of the following are present+ a. 0hen the will recogniBes an illegitimate child! *. 0hen it disinherits a compulsor% heir! c. 0hen it instituted an e$ecutor. ?. If the instituted heir should repudiate or *e incapacitated to inherit. then legal succession ta6es place. Art. C>:. One $%o %as no co!"u sory %eirs !ay dis"ose by $i of a %is estate or any "art of it in favor of any "erson %aving ca"acity to succeed.
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One $%o %as co!"u sory %eirs !ay dis"ose of %is estate "rovided %e does not contravene t%e "rovisions of t%is Code $it% regard to t%e egiti!e of said %eirs. 2alane+ G -------- spouse 7 L M A 2 3 G has a spouse and & children. 3hildren get 17" of the estateM ------- /egitimes Spouse gets 17@ of the estate7
Art. C>8. )%e testator s%a designate t%e %eir by %is na!e and surna!e; and $%en t%ere are t$o "ersons %aving t%e sa!e na!es; %e s%a indicate so!e circu!stance by $%ic% t%e instituted %eir !ay be Eno$n. Even t%oug% t%e testator !ay %ave o!itted t%e na!e of t%e %eir; s%ou d %e designate %i! in suc% !anner t%at t%ere can be no doubt as to $%o %as been instituted; t%e institution s%a be va id. 2alane+ <eneral rule+ An heir must *e designated *% name and surname. 4his also applies to de(isees and legatees. If there are " or more people ha(ing the same name and surname. the testator must indicate some identif%ing mar6 or circumstance to which he ma% *e 6nown. otherwise there ma% *e a latent am*iguit%. #.g.. I institute m% cousin A. 2ut I ha(e & cousins *% the name of A. :nless I gi(e an identif%ing mar6 or circumstance as to w7c cousin A I refer to. there will *e a latent am*iguit%. #$ception+ #(en w7o gi(ing the name. the identit% of the heir can *e ascertained w7 sufficient certaint% or clarit%. e.g. the present ean of the :' 3ollege of /aw. m% oldest *rother. 0hat is important is that the identit% of the heir *e 6nown and not necessaril% his name. Art. C>>. An error in t%e na!e; surna!e; or circu!stances o f t%e %eir s%a not vitiate t%e institution $%en it is "ossib e; in any ot%er !anner; to Eno$ $it% certainty t%e "erson instituted. If a!ong "ersons %aving t%e sa!e na!es and surna!es; t%ere is a si!i arity of circu!stances in suc% a $ay t%at; even $it% t%e use of ot%er "roof; t%e "erson instituted cannot be identified; none of t%e! s%a be an %eir. 2alane+ 1. 'aragraph 1.-- #(en though there ma% *e an error in the name of the heir. the error is immaterial if his identit% can *e 6nown in an% other manner. ". 'aragraph ".-- See the rules on latent am*iguit%. 9irst+ :se e$trinsic e(idence e$cept the oral declarations of the testator as to his intentions to cure the am*iguit%. Second+ If am*iguit% still e$ists. none of them will inherit.
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Art. C>A. Every dis"osition in favor of an unEno$n "erson s%a be void; un ess by so!e event or circu!stance %is identity beco!es certain. 1o$ever; a dis"osition in favor of a definite c ass or grou" of "ersons s%a be va id. 2alane+ 1. 3an the testator gi(e his entire free portion to a person he does not personall% 6now1 >es. 4he 5un6nown person5 referred to in this article refers to one who cannot *e identified and not to one whom the testator does not personall% 6now. 4he *asis of the nullit% is the ina*ilit% to determine the intention of the testator. #.g.. 54o someone who cares.5 -- Hoid. 54o someone w7 ten e%es.5 -- Hoid. this refers to someone who does not e$ist.
4his designation is (alid if the identit% is not 6nown at the time of ma6ing the will *ut can *e 6nown in the future *% circumstances. 8ow1 2% esta*lishing certain criteria at the proper time. e.g.. 9irst 9ilipino who wins a gold medal in the -l%mpics. ". 3lass designation is (alid. class in 3i(il /aw Re(iew. :' 3ollege of /aw. 1EE?-1EE@. Mass institution+ see Articles AC@. C)C (*rothers and sisters). C)E (designation of a person and his children) E?E (relati(es). 1D"E (pra%ers and pious wor6s for the *enefit of his soul). and 1D&D (poor.) Art. C>(. 1eirs instituted $it%out designation of s%ares s%a in%erit in e,ua "arts. 2alane+ 4his is a presumption of equalit%. 4his supports the underl%ing principle of this chapter w7c is respect for the wishes of the testator. Art. C>7. 2%en t%e testator institutes so!e %eirs individua y and ot%ers co ective y as $%en %e says; BI designate as !y %eirs A and B; and t%e c%i dren of C;B t%ose co ective y designated s%a be considered as individua y instituted; un ess it c ear y a""ears t%at t%e intention of t%e testator $as ot%er$ise. 2alane+ 'ro*lem+ 4he testator pro(ides 5I gi(e 17& of m% estate to A. 2 and 3.5 3 is a class of people. 8ow do %ou di(ide the estate1 A+ It is not to *e interpreted as 17& to A. 2 and class 3. Rather. the 17& of the estate should *e di(ided equall% among A. 2 and the mem*ers of class 3. 0h%1 2ec. the presumption is that the mem*ers of 3 were indi(iduall% designated. 2ut if the testator sa%s 5I gi(e 17& of m% estate to A. 2 and class 3 as a unit. then 17& will *e di(ided equall% among A. 2 and class 3. Art. C>C. If t%e testator s%ou d institute %is brot%ers and sisters; and %e %as so!e of fu b ood and ot%ers of %a f b ood; t%e in%eritance s%a be distributed e,ua y; un ess a different intention a""ears. 2alane+ 9ull *lood means same parents! half *lood means onl% one parent is the same.
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<eneral rule+ 2rothers and sisters. whether full or half *lood. inherit in equal shares. #$ceptions+ (a) If the testator pro(ides otherwise in the will (*) If the% inherit *% intestac%. Ratio is "+1 in fa(or of full *lood *rothers and sisters. (Art. 1DD@.) Art. C>'. 2%en t%e testator ca s to t%e succession a "erson and %is c%i dren; t%ey are a dee!ed to %ave been instituted si!u taneous y and not successive y. 2alane+ 4his article is a species of Art. C)A. Successi(el% refers to fideicommisary. Art. CAD. )%e state!ent of a fa se cause for t%e institution of an %eir s%a be considered as not $ritten; un ess it a""ears fro! t%e $i t%at t%e testator $ou d not %ave !ade suc% institution if %e %ad Eno$n t%e fa sity of suc% cause. 2alane+ <eneral rule+ #(en if the cause if false. institution is effecti(e. 0h%1 2ec. cause of the institution is the li*eralit% of the testator and not the cause stated. I+ 5A is the tallest in the class. I gi(e him 17" of m% estate.5 If A is not the tallest. is the institution ineffecti(e1 A+ ,o. 9ollow the general rule *ec. the real cause was not the height *ut the li*eralit% of the testator. Austria (. Re%es.-- In the case. the oppossitor sought to nullif% the institution of the adopted children as heirs *ec. it was found out that the adoption did not compl% w7 the law. 4he S3 held that the institution was (alid. 9or it to *e in(alid. and *e an e$ception to the general rule. & requisites must concur+ 1. 3ause for the institution must *e stated in the will! ". 3ause must *e shown to *e false! &. It must appear on the face of the will that the testator would not ha(e made such institution if he had 6nown the falsit% of the cause. 4he wishes of the testator must *e respected. In the case. the third requisite was a*sent. As such. the e$ception was not applica*le and the general rule would appl%. If there is dou*t as to whether there is a (alid institution *ec. of the false cause. resol(e it in fa(or of (alidit%. Art. CA&. If t%e testator %as instituted on y one %eir; and t%e institution is i!ited to an a i,uot "art of t%e in%eritance; ega succession taEes " ace $it% res"ect to t%e re!ainder of t%e estate. )%e sa!e ru e a"" ies; if t%e testator %as instituted severa %eirs eac% being i!ited to an a i,uot "art; and a t%e "arts do not cover t%e $%o e in%eritance. 2alane+ 4he principle enunciated here has alread% *een pro(ided in Art. C)1. Assuming in par. 1
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a. 4he testator has no compulsor% heirs -- part of the whole estate not disposed of *% will goes *% intestac%. #.g.. ,o compulsor% heirs and the testator sa%s 5I gi(e 17& of m% estate to G.5 17& will go to G and the "7& will go *% intestac%. *. 4estator has compulsor% heirs-- part of the free portion not disposed of *% will goes *% intestac%. #.g.. 4wo legitimate children and testator sa%s 5I gi(e 17) of m% estate to G.5 17" will go to the " children. 17) will go to G. and 17) will go *% intestac%. 4he same applies when a (acanc% occurs. Art. CA:. If it $as t%e intention of t%e testator t%at t%e instituted %eirs s%ou d beco!e so e %eirs to t%e $%o e estate; or t%e $%o e free "ortion; as t%e case !ay be; and eac% of t%e! %as been instituted to an a i,uot "art of t%e in%eritance and t%eir a i,uot "arts toget%er do not cover t%e $%o e in%eritance; or t%e $%o e free "ortion; eac% "art s%a be increased "ro"ortiona y. 2alane+ 4his article spea6s of the testator;s intention to gi(e the entire free portion. or the entire inheritance. as the case ma% *e. *ut he made a mista6e in the addition of the different proportions. #lements+ 1. Se(eral heirs! ". Indicates his intention to gi(e his entire estate to this heirs a. If no compulsor% heirs. whole estate *. If w7 compulsor% heirs. whole free portion &. Indicates portions he wants to gi(e to each ). 4otal of portions is less than whole estate or free portion. as the case ma% *e. #.g.. 4estator has no compulsor% heirs. 8e indicates in the will that his intention to gi(e his entire estate to his heirs. 8e gi(es 17) to A. 17@ to 2. 17& to 3. 4he estate is worth '1"D.DDD. A 2 3 '&D.DDD "D.DDD )D.DDD 'ED.DDD
0hat do %ou do with the remaining '&D.DDD1 1. <et the least common denominator-- 1" AN &71". 2N "71". 3N )71" ". <et the ratio of the shares w7 each other. A (&) + 2 (") + 3 ()) - & O " O ) N E &. Multipl% the remainder *% the share of each heir w7 respect to the ratio in num*er ". 9or A. &7E $ &D.DDD N 1D.DDD 9or 2. "7E $ &D.DDD N @.@@@.@A
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9or 3. )7E $ &D.DDD N 1&.&&&.&& ). Add the result to what the% originall% recei(ed and the sum will *e their complete inheritance. 9or A. &D.DDD O 1D.DDD N )D.DDD 9or 2. "D.DDD O @.@@@.@A N "@.@@@.@A 9or 3. )D.DDD O 1&.&&&.&& N ?&.&&&.&& ?. Add %our figures in num*er ) to ma6e sure that it equals to the (alue of the entire estate. (4o ma6e sure that %ou did not ma6e a mista6e.) )D.DDD O "@.@@@.@A O ?&.&&&.&& N 1"D.DDD ,ote+ @. If %ou want to get the inheritance of each right awa%. multipl% the ratio in num*er & with the (alue of the whole estate. 9or A. &7E $ 1"D.DDD N )D.DDD 9or 2. "7E $ 1"D.DDD N "@.@@@.@A 9or 3. )7E $ 1"D.DDD N ?&.&&&.&& >ou get the same results *ut faster. Art. CA8. If eac% of t%e instituted %eirs %as been given an a i,uot "art of t%e in%eritance; and t%e "arts toget%er e?ceed t%e $%o e in%eritance; or t%e $%o e free "ortion; as t%e case !ay be; eac% "art s%a be reduced "ro"ortiona y. 2alane+ 4he same principle as in Art. C?". onl% this time %ou decrease. #lements+ 1 to & -- same as those in Art. C?" ). 4otal of portion e$ceeds the whole estate. or whole free portion. as the case ma% *e #.g.. same as a*o(e e$cept that A gets 17". 2 gets 17&. and 3 gets 17). 4he (alue of the estate is '&D.DDD. A 2 3 1?.DDD 1D.DDD A.?DD &".?DD
0hat do %ou do w7 the e$cess of '".?DD1 1. <et the /3 . 1" A N @71". 2 N )71". 3 N &71" ". <et the ratio of the shares with each other A (@) + 2 ()) + 3 (&) - @ O ) O & N 1&
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&. Multipl% the e$cess *% the share of each heir in the ratio in num*er ". 9or A. @71& $ ".?DD N 1.1?&.C) 9or 2. )71& $ ".?DD N A@E."& 9or 3. &71& $ ".?DD N ?A@.E& ). Su*tract the results in num*er & from what each heir was to recei(e initiall%. 9or A. 1?.DDD - 1.1?&.C) N 1&.C)@.1@ 9or 2. 1D.DDD - A@E."& N E."&D.AA 9or 3. A.?DD - ?A@.E& N @.E"&.DA ?. Add the figures in num*er ) to ma6e sure it equals to the (alue of the whole estate. 1&.C)@.1@ O E."&D.AA O @.E"&.DA N &D.DDD ,ote+ @. If %ou want to get the inheritance of each right awa%. multipl% the ration in num*er & *% the (alue of the estate. 9or A. @71& $ &D.DDD N 1&.C)@.1@ 9or 2. )71& $ &D.DDD N E."&D.AA 9or 3. &71& $ &D.DDD N @.E"&.DA I+ If the testator ma6es & wills. 0ill 1-- 5I gi(e )DP of m% estate to A.5 0ill "-- 5I gi(e )DP of m% estate to 2.5 0ill &-- 5I gi(e )DP of m% estate to 3.5 8ow will the estate *% di(ided1 4here are two answers. 1. 17& will go to each. Appl% Art. C?&. ". 3 gets )DP. 2 gets &DP. and A gets &DP. Assume the third will is incompati*le to the first ". Art. CA>. )%e preterition or o!ission of one; so!e; or a of t%e co!"u sory %eirs in t%e direct ine; $%et%er iving at t%e ti!e of t%e e?ecution of t%e $i or born after t%e deat% of t%e testator; s%a annu t%e institution of %eir9 but t%e devisees and egacies s%a be va id insofar as t%ey are not inofficious. If t%e o!itted co!"u sory %eirs s%ou d die before t%e testator; t%e institution s%a be effectua ; $it%out "re6udice to t%e rig%t to re"resentation. 2alane+ A. 3larification+ 1. 50hether li(ing at the time of the e$ecution of the will or *orn after the death of the testator.5 4his does not co(er all the possi*ilities. 0hat a*out those *orn after the e$ecution of the will *ut *efore the death of the testator1 Art. C?) also co(ers them. =ust an o(ersight. ". #$tends protection onl% to 5compulsor% heirs in the direct line.5 Is this redundant1 Aren;t compulsor% heirs in the direct line1 ,o. Spouses are compulsor% heirs not in the direct line. So what is the remed% of the wife who has *een omitted1 emand her legitime. 3ompulsor% heirs in the direct line co(er onl% ascendants and descendants.
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2. Preterition.+- 5praeter5 means 5to go *e%ond5 -- not enough to 6now the meaning. 1. 0ho is a person preterited1 Manresa.-- 53omplete omission from the will5 -- 0rongK 0h%1 It presupposes that if mentioned in the will. then the heir is not preterited. 8owe(er. whether %ou are mentioned in the will or not has no effect on the preterition. Illustrations+ (1) I ha(e a son. A. 4he will states 5I gi(e 17" to 2.5 A is not preterited *ec. he gets the other half. (") I ha(e a son. A. 4he will states 5I gi(e 17& to 2 and 17& to 3.5 A is not preterited *ec. he gets the other 17&. 8is legitime. howe(er. is impaired. (&) I ha(e a son. A. 4he will states 5I gi(e 17" to 2. 17" to 2. and to A. all m% lo(e.5 A. e(en if mentioned in the will. was preterited. Preterition occurs if the heir recei(es nothing from the inheritance *% wa% of testamentar% disposition. de(ise. legac%. intestac%. or donation inter #i#os. ". Situations a. 8eir is mentioned *ut nothing is left to him-- 8eir is preterited if he recei(es nothing *% intestac%. *. 8eir is instituted in the will *ut the part she is instituted in is less than her legitime.-- 4here is no preterition. Re%es (. 2arreto- atu.-- In the case. /ucia recei(ed a part of the estate through a =udiciall% appro(ed pro=ect of partition w7c was *ased on the will of her father. 8owe(er. it was found out later on that he Salud was not reall% the child of her parents. As such. /ucia sought to annul the institution of Salud as heir claiming that she was preterited. 4he S3 held that she was not preterited *e. she had recei(ed a part of the estate. 4here is no preterition if the heir is gi(en testamentar% disposition. e(en if it *e less than her legitime. 4he remed% of the heir is for the completion of her legitime pursuant to Art. ED@. &. efinition of preterition.+- Preterition happens when the compulsor% heirs in the direct line are totall% omitted from the inheritance. that is the heir got nothing *% wa% of testamentarr% disposition. donation. legac%. de(ise or intestac%. 3. 0ho can *e preterited1 1. /egitimate children-- >es. ". Illegitimate children-- >es. 4he law ma6es no distinction. &. 'arents. whether legitimate or illegitimate.-- >es. ,uguid (. ,uguid.-- In the case. Rosa died ha(ing @ *rothers and sisters and her parents. 8owe(er. she instituted one of her sisters as her uni(ersal heir. 4he parents opposed the pro*ate claiming the% were preterited. 4he S3 held that the parents were preterited. As such. the institution of the sister as uni(ersal heir is (oid. 4he estate will *e distri*uted *% intestac%. 4he S3 further stated that =ust *ec. %ou are an heir. *ut not a compulsor% heir. it does not mean that %ou will recei(e an%thing. If compulsor% heirs in the direct line are preterited. and the free portion had alread% *een de(ised to other people. the annulment of the institution of heir will in effect anull %our institution. Also. when the law sa%s de(ise or legac%. this is used in its ordinar% sense. 4he claim of the sister that her institution as a uni(ersal heir is equi(alent to a de(ise is
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untena*le. If such were accepted. it would render Art. C?) useless. ). <randparents.-- >es. ?. Spouse.-- ,o. @. Adopted child.-- >es. Acain (. Acain.-- In the case. Acain left his estate to his *rothers. completel% omitting his wife and legall% adopted daughter. As such. the two opposed the pro*ate of the will claiming the% were preterited. 4he S3 held that the adopted child was preterited *ut not the wife. A wife is not a compulsor% heir in the direct line so she cannot *e preterited. 0ith respect to the adopted child. it is different. :nder Art. &E of ' @D&. adoption gi(es to the adopted person the same rights and duties as if he were a legitimate child of the adopter and ma6es the adopted person a legal heir of the adopter. 4he S3 further stated that since there were no de(ises or legacies. and a compulsor% heir was preterited. the effect is. as if nothing was written in the will. 4he whole estate will *e distri*uted *% intestac%. . #ffect of preterition.+- 5Annul the institution of heir *ut de(ises and legacies shall *e (alid insofar as the% are not inofficious.5 -- A*rogate. set aside. eliminate. cancel. 1. #ffect of preterition (of parents) when there are no de(ises or legacies (,uguid case)-whole will is considered ine$istent. ". If there are de(ises or legacies.-- Set aside onl% the institution of heirs *ut not the institution of de(isees and legatees. If the de(ise and legac% e$ceed the free portion. decrease the de(ise and legac%. Solano (. 3A.-- 4his case made a wrong decision. It made the effect of preterition the reduction of the share of the instituted heir rather than annulling the whole institution of heir. Acain (. IA3.-- 4his case restored the correct interpretation laid down in ,uguid that preterition annuls the institution of heirs. #.g.. 4estator has son. A. 8is will states 5I gi(e 17" of m% estate to A and '&DD.DDD to ,.5 4he estate is worth '@DD.DDD. 8ow much will each get1 , gets &DD.DDD. A gets the other &DD.DDD. M gets nothing. #. 3riticism 1. 0h% not e$tend the application to the wife1 ". 0h% distinguish *etween heir and de(isee and legatee1 ,-4#+ 4his is the onl% case where it is important to 6now the distinction *etween heir. on the one hand. and de(isee and legatee on the other. Art. CAA. )%e s%are of a c%i d or descendant o!itted in a $i !ust first be taEen fro! t%e "art of t%e estate not dis"osed of by t%e $i ; if any9 if t%at is not sufficient; so !uc% as !ay be necessary !ust be taEen "ro"ortiona y fro! t%e s%ares of t%e ot%er co!"u sory %eirs. 2alane+ 4his is not a case of preterition. 4his is a case of completion of legitime.
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1. Is this right limited or restricted to a child or descendant1 ,o. It also applies to heirs similarl% situated. a. spouse *. parents c. ascendants. ". oes this appl% to preterition1 a. >es.-- According to the 3ode 3ommission. 4heir intent was to ma6e Art. C?? appl% to preterition. *. ,o.-- If %ou anal%Be the pro(ision. it does not refer to preterition. It applies when something is left to an heir *ut is less than his legitime. (i) Incomplete legitime.-- 5ta6en from part not disposed of *% will5 -- heir will recei(e something *% intestac% -- no preterition. (ii) Preterition.+- If the whole estate is disposed of.-- <o to Art. C?). &. 4wo errors a. 0h% is it limited onl% to child or descendant1 4his (article) should *e applica*le to an% compulsor% heir whose legitime is impaired or who recei(es less than his legitime. (4he latter) ma% institute an action to complete his legitime. *. 0here do %ou get the share to complete1 1. Hacant portion (undisposed) ". If (acant portion is not enough-- 5compulsor% heirs.5 -- 0R-,<. >ou do not reduce the shares of compulsor% heirs *ut the shares of testamentar% heirs. If the compulsor% heir gets more than his legitime. the e$cess can *e reduced. 0h%1 As to the e$cess. he is considered a testamentar% heir. Illustration+ A has & children. G. > and Q. 8is will states 5I gi(e G. 17& of m% estate. A. 171" of m% estate. and 2. 17". 4he estate is worth @DD.DDD. G N 17& N "DD.DDD - e$cess 1DD.DDD Q N 171" N ?D.DDD - lac6s ?D.DDD 2 N 17" N &DD.DDD > N D N D - lac6s 1DD.DDD /egitime - &DD.DDD7 & N 1DD.DDD each. /ac6s 1?D.DDD (Q O >) 1. Is > preterited1 ,o. 4here is ?D.DDD that he will get *% intestac%. > can demand completion of his legitime under Art. C??. 8e can get ?D.DDD from the undisposed portion. 8e =ust lac6s ?D.DDD. 0here do %ou get the deficienc%1 a. If we follow Art. C??. get from the compulsor% heirs. In other words. get from G and Q proportionatel%. 4he result is that Q will complain *ec. now his legitime would *e incomplete. *. <et the deficienc% proportionall% from testamentar% heirs. 0h%1 4he% are not entitled to an% share if it impairs the legitime of the compulsor% heirs. 4otal lac6 of legitimes -- 1?D.DDD. 1. <et the ?D.DDD undisposed of -- /ac6ing onl% 1DD.DDD. ". <et proportionall% from the shares of testamentar% heirs.
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4estamentar% heirs+
G N 1DD.DDD - "?.DDD 2 N &DD.DDD - A?.DDD 1DD.DDD
Art. CA(. A vo untary %eir $%o dies before t%e testator trans!its not%ing to %is %eirs. A co!"u sory %eir $%o dies before t%e testator; a "erson inca"acitated to succeed; and one $%o renounces t%e in%eritance; s%a trans!it no rig%t to %is o$n %eirs e?ce"t in cases e?"ress y "rovided for in t%is Code. 2alane+ Jind of 8eir 3ompulsor% Holuntar% Intestate 'redecease 4, Rep. 4, Rep. 4, Rep. Incapacit% 4, Rep. 4, ,o Rep. 4, Rep. Renunciation 4, ,o Rep. 4, ,o Rep. 4, ,o Rep.
/egend+
4,-- 4ransmits ,othing Rep.-- 4here is Representation ,o rep.-- 4here is no representation.
-*ser(ations+ 1. 4here is no transmission of an% right from an heir to his own heirs for an% of the three cases ('. I and R.) 4here is no e$ception. ". 9or (oluntar%. there is no representation. no matter what the reason for disqualification is &. 9or renunciation. there is no representation. no matter what 6ind of heir. Section 8.++ &u"stitution of Heirs. Art. CA7. Substitution is t%e a""oint!ent of anot%er %eir so t%at %e !ay enter into t%e in%eritance in defau t of t%e %eir origina y instituted.
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2alane+ 1. 5In default.5 -- failure to inherit *ecause of+ (a) predecease. (*) renunciation or (c) incapacit%. a. Is it a complete definition1 ,o. It is incomplete *ec. default co(ers or defines onl% simple su*stitution and not fideicommissary su*stitution. *. 3omplete definition.-- Su*stitution is the appointment of another heir so that he ma% enter into the inheritance either in default of the heir originall% instituted or after. Simple.-- Second heir enters after the default of the first 7ideicommissary.+- Second heir enters after the first. ". 2asis for su*stitution.-- It co(ers the free portion onl%. 2ec. it is possi*le that the testator ma% ha(e a second preference. In relation to the first heir instituted. the first is preferred o(er the su*stitute. 2ut in default or after the first. the testator would rather that the inheritance go to the su*stitute than *% intestac%. Allowing su*stitution is gi(ing respect to the first and second preference of the testator. 4he power to ma6e su*stitution is *ased on the power to ma6e testamentar% dispositions. 4his is reall% a condition imposed on the institution of heirs. #.g.. A has sons whom he does not want to get the free portion. 8e wants to gi(e it to 2. 2ut 2 ma% die *efore A. After 2. A prefers 3 to get it. As *et. 3 and his children. A would rather that 3 get it. As such. 3 is appointed *% the testator as 2;s su*stitute. Art. CAC. Substitution of %eirs !ay be: .&/ Si!" e or co!!on9 .:/ Brief or co!"endious9 .8/ Reci"roca 9 or .>/ Fideicommissary. 2alane+ A. Jinds of Su*stitution+ 1. Simple or common (Art. C?E.) ". 7ideicommissary. (Art. C@&.) 2. 0h% did we earlier define su*stitution w7 onl% " 6inds1 2ec. there are onl% " 6inds. 2rief and reciprocal are =ust (ariations and not 6inds of su*stitutions. >ou cannot ha(e a purel% reciprocal su*stitution. All su*stitutions are either simple or fideicommissary. 3. In the -33. there were two others+ 1. '/emplar.-- A su*stitution a father was allowed to ma6e *ec. his son was insane. 4his was a 6ind of fideicommissary. ". Popular.-- A su*stitution a father made in *ehalf of a child who died *efore he reaches 1C. Art. CA'. )%e testator !ay designate one or !ore "ersons to substitute t%e %eir or %eirs instituted in case suc% %eir or %eirs s%ou d die before %i!; or s%ou d not $is%; or
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s%ou d be inca"acitated to acce"t t%e in%eritance. A si!" e substitution; $it%out a state!ent of t%e cases to $%ic% it refers; s%a co!"rise t%e t%ree !entioned in t%e "receding "aragra"%; un ess t%e testator %as ot%er$ise "rovided. 2alane+ Simple Su*stitution. 1. 3auses7 grounds for the second heir to inherit in place of the first. a. 'redecease of the first heir *. Renunciation of the first heir c. Incapacit% of the first heir ". 4wo wa%s of ma6ing a simple su*stitution+ a. #numerate all the cases. #.g.. 5I institute A. in case A predeceases me. or renounces. or is incapacitated to succeed. then 2 will su*stitute him.5 *. 2% =ust calling it. #.g.. 5I institute A. and *% wa% of simple su*stitution. I institute 2 as su*stitute.5 In such a case. all the three causes of su*stitution will appl% unless the testator pro(ides otherwise. ,ote+ 4he testator ma% limit the operation of the & causes. 8e can =ust mention what he wants to appl%. e.g.. 5I institute A. and if he predeceases me. then 2 will su*stitute him.5 In such a case. 2 will onl% su*stitute A if A dies *efore the testator. 8owe(er. if the cause is not co(ered *% the causes gi(en in this article. then the estate will pass *% intestac%. Art. C(D. )$o or !ore "ersons !ay be substituted for one9 and one "erson for t$o or !ore %eirs. 2alane+ 1. 2rief or 3ompendious.-- -ne su*stitutes for two or more heirs or two or more su*stitutes for one heir. e.g.. 5I institute A to 17C of m% estate and as his su*stitute *% wa% of simple su*stitution. I designate G and >.5 ". 4his is =ust a (ariation of either simple or fideicommissary. #.g.. simple-- loo6 at the e$ample a*o(e. 7ideicommissary++ 5I institute A to 17" of m% estate and impose upon him the o*ligation to preser(e and transmit the propert% upon his death to G and >.5 &. Strictl% or technicall% spea6ing. *rief and compendious are not the same. 2rief-- " or more for one heir! compendious -- one for two or more heirs. ,ote. howe(er. the% are s%non%mous and ma% *e used interchangea*l%. ). 'ro*lem+ 5I institute A. 2 and 3 to 17& each of m% estate and in case the% all die *efore me. I institute as su*stitute *% wa% of simple su*stitution.5 If A and 2 predecease the testator. will get their shares1 ,o. 4he su*stitution will ta6e effect onl% upon the death of all the three. 8owe(er. if what the will stated was 5an% or... all die *efore me.5 then will get A and 2;s shares.
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Art. C(&. If %eirs instituted in une,ua s%ares s%ou d be reci"roca y substituted; t%e substitute s%a ac,uire t%e s%are of t%e %eir $%o dies; renounces; or is inca"acitated; un ess it c ear y a""ears t%at t%e intention of t%e testator $as ot%er$ise. If t%ere are !ore t%an one substitute; t%ey s%a %ave t%e sa!e s%are in t%e substitution as in t%e institution. 2alane+ Reciprocal su*stitution. 4he heirs are su*stituted for each other *ased on either simple or fideicommissary su*stitution. If *oth are disqualified. then no su*stitution will ta6e place and the estate will pass *% intestac%. #$ample of second sentence+ 5I institute A to 17&. 2 to 17@. and 3 to 17" of m% estate and *% wa% of simple su*stitution. I institute them as su*stitutes of one another.5 If 3 predeceases the testator. how will his share *e di(ided if the estate is worth '@D.DDD1 A N 17& N '"D.DDD 2 N 17@ N 1D.DDD 3 N 17" N &D.DDD 8ow will the &D.DDD *e di(ided *etween A and 21 1. <et the /3 of the remaining heirs. In the e$ample. it is @. ". <et the ratio *et. the remaining heirs and the sum of the ratios. A N "7@. 2 N 17@. 4he ratio *etween A and 2 is " + 1. 4he sum of the ratios is &. &. 4wo wa%s+ a. i(ide the &D.DDD *% the sum of the ratios (&) and multipl% the result *% the ratio *et. them of each heir. &D.DDD7 & N 1D.DDD. A N " $ 1D.DDD N "D.DDD 2 N 1 $ 1D.DDD N 1D.DDD *. Multipl% &D.DDD *% the ratio of each heir with respect to the total ratio. A N "7& $ &D.DDD N "D.DDD! 2 N 17& $ &D.DDD N 1D.DDD ). Add the result in num*er & to what the% initiall% recei(ed. A N "D.DDD O "D.DDD N )D.DDD! 2 N 1D.DDD O 1D.DDD N "D.DDD. ,ote+ If %ou want another wa% to compute+ 1. <et the /3 *etween A and 2. In this case @. A N "7@. 2 N 17@ ". <et the ratio *etween A and 2. In this case. " + 1. A N "7&. 2 N 17& &. Multipl% the original share of 3 *% the ratio in ". A N "7& $ 17" N "7@. 2 N 17& $ 17" N 17@ ). Add the result in num*er & to their original shares. A N "7@ O "7@ N )7@. 2 N 17@ O 17@ N "7@ ?. Multipl% the result in num*er ) *% the (alue of the estate. A N )7@ $ @D.DDD N )D.DDD! 2 N "7@ $ @D.DDD N "D.DDD.
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Art. C(:. )%e substitute s%a be sub6ect to t%e sa!e c%arges and conditions i!"osed u"on t%e instituted %eir; un ess t%e testator %as e?"ress y "rovided t%e contrary; or t%e c%arges or conditions are "ersona y a"" icab e to t%e %eir instituted. 2alane+ In su*stitution. the "nd heir ta6es the place of the first heir. A 6ind of su*rogation. As such. the general rule is+ 4he second is su*=ect to the same charges and conditions as the first heir. #$ceptions+ 1. 4estator has e$pressl% pro(ided the contrar%. ". 3harges and o*ligations are personall% applica*le to the first heir. 4he article does not onl% co(er charges and conditions *ut also the rights of the first heir. su*=ect to the same e$ceptions.
Art. C(8. A fideicommissary substitution by virtue of $%ic% t%e fiduciary or first %eir instituted is entrusted $it% t%e ob igation to "reserve and to trans!it to a second %eir t%e $%o e or "art of t%e in%eritance; s%a be va id and s%a taEe effect; "rovided suc% substitution does not go beyond one degree fro! t%e %eir origina y instituted; and "rovided; furt%er; t%at t%e fiduciary or first %eir and t%e second %eir are iving at t%e ti!e of t%e deat% of t%e testator. 2alane+ 4our E e!ents of a Fideicommissary Substitution: &. )%ere !ust be a first %eir or fiduciary. 9or the su*stitution to operate. the first heir recei(es propert%. either upon the death of the testator or upon the fulfillment of an% suspensi(e condition imposed *% the will. As distinguished from a simple su*stitution where the second heir recei(es propert% onl% upon default of the first heir. 9irst heir does not recei(e the propert%. :. An abso ute ob igation is i!"osed u"on t%e fiduciary to "reserve and to trans!it to a second %eir t%e "ro"erty at a given ti!e. a. #ssence of a fideicommissary su*stitution-- dual o*ligation. *. 5<i(en time.5-- 'ro(ided *% the testator! if not. then it is understood that the period is the lifetime of the fudiciar%. '3I2 (. #scolin.-- In the case. the spouses e$ecuted reciprocal wills. It pro(ided that the share in the con=ugal assets will pass to the sur(i(ing spouse and that the sur(i(ing spouse can do whate(er he or she wants with the inheritance. e(en sell it. and if there is an% residue from the inheritance from the other spouse upon the death of the sur(i(ing spouse. it shall pass to the *rothers and sisters of the spouse who first died. 4he wife died first. 4he hus*and did not liquidate the con=ugal assets *ec. he was the sole heir of his wife. :pon the hus*and;s death. it is now questioned whether there is an% residue from the wife;s estate that could pass to her *rothers and sisters. '3I2. (and the) administratri$ of the hus*and claims that+ (1) 4here was no fideicommissary su*stitution *ec. there was no o*ligation upon the hus*and to preser(e and transmit the prop. to the *rothers and sisters of the wife as seen in his authorit% to sell the propert%. and (") since there was an in(alid attempt to ma6e a su*stitution. then the testamentar% disposition is (oid and there can *e no transmission of rights to the *rothers and sisters. 4he S3
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agreed w7 contention no. 1 on the same ground. 4he second requisite was a*sent and there could *e no ficeicommissary su*stitution. 0ith regard to the second contention. the S3 disagreed. 4he S3 said there was a simultaneous su*stitution. 4he institution of the hus*and was su*=ect to a resolutor% condition while the institution of the *rothers and sisters was su*=ect to a suspensi(e condition. 2oth conditions are one and the same. It is the e$istence in the hus*and;s estate of assets he recei(ed from his wife at the time of his death. If there is. the hus*and;s right to the residue is e$tinguished upon his death while the right of the *rothers and sisters (ests at the same time. d. Scae(ola.-- 3haracteriBed the situation as a legac% or de(ise of the residue. 8. )%ere is a second %eir $%o !ust be one degree fro! t%e first %eir. a. 5-ne generation.5 oes it refer to the degree of relationship or num*er of su*stitution1 It refers to the degree of relationship. See 'alacios (. RamireB. 8owe(er. fideicommissary su*stitutions are also limited to one transmission. :pon the lapse of time for the first heir. he transmits the propert% to the second heir. 4he% cannot *e an% more fideicommissary su*stitution coming from the same testator. In other words. there can onl% *e one fideicommissary transmission such that after the first. there can *e no second fideicommissary su*stitution. 'alacios (. RamireB.-- In the case. "7& of the usufruct of the free portion was gi(en to 0anda. w7 " other persons not related to her as her su*stitutes *% wa% of simple and fideicommissary su*stitution. 8er grandnephews o*=ect on the ground that there could *e no fideicommissary su*stitution *ec. the su*stitutes were not w7in one degree of each other. 4he S3 agreed w7 the nephews. It said. quoting 4olentino. that one degree refers to one generation. As such. the fideicommissary can onl% *e either a parent or child of the fiduciar%. >. )%e first and second %eir !ust bot% be iving and ,ua ified at t%e ti!e of t%e deat% of t%e testator. a. 9rom the moment of the death of the testator. the rights of the first and second heir are (ested. (loo6 at Art. C@@.) *. ,ature of right of first heir.-- Similar to usufruct.-- 'ossessor% and en=o%ment rights w7o right to alienate. If fiduciar% is a*le to register the propert% in his name. fideicommissary should annotate his claim on the land on the title to protect himself against an% alienations in fa(or of innocent third parties. Ba ane disagrees $@ )o entino that there can *e no successi(e fideicommissaries or se(eral transmissions. If this is allowed. chaos will result if the fideicommissaries die. >ou will not 6now who will get the propert% and that the propert% ma% *e tied up for centuries.. Art. C(>. A fideicommissary substitution can never burden t%e egiti!e. 2alane+ In fact. no testamentar% disposition can *urden the legitime *ec. legitime is transmitted *% operation of law upon the death of the testator.
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Art. C(A. Every fideicommissary substitution !ust be e?"ress y !ade in order t%at it !ay be va id. )%e fiduciary s%a be ob iged to de iver t%e in%eritance to t%e second %eir; $it%out ot%er deductions t%an t%ose $%ic% arise fro! egiti!ate e?"enses; credits and i!"rove!ents; save in t%e case $%ere t%e testator %as "rovided ot%er$ise. 2alane+ 4here are " wa%s of ma6ing a fideicommissary su*stitution+ 1. 2% naming it.-- 5I institute A to 17" of m% estate. and *% wa% of fideicommissary su*stitution. I institute 2 as his su*stitute.5 ". 2% imposing upon the fiduciar% the o*ligation to preser(e and transmit.-- 5I institute A to 17" of m% estate and impose upon him the o*ligation to preser(e and to transmit the same to 2 upon his return.5
Art. C((. )%e second %eir s%a ac,uire a rig%t to t%e succession fro! t%e ti!e of t%e testatorGs deat%; even t%oug% %e s%ou d die before t%e fiduciary. )%e rig%t of t%e second %eir s%a "ass to %is %eirs. 2alane+ 4his relates to the fourth requisite of fideicommissary. At the time of the testator;s death. right of the first and second heir *ecome (ested. Art. C(7. )%e fo o$ing s%a not taEe effect: .&/ Fideicommissary substitutions $%ic% are not !ade in an e?"ress !anner; eit%er by giving t%e! t%is na!e; or i!"osing u"on t%e fiduciary t%e abso ute ob igation to de iver t%e "ro"erty to a second %eir9 .:/ Provisions $%ic% contain a "er"etua "ro%ibition to a ienate; and even a te!"orary one; beyond t%e i!it fi?ed in artic e C(89 .8/ )%ose $%ic% i!"ose u"on t%e %eir t%e c%arge of "aying to various "ersons successive y; beyond t%e i!it "rescribed in artic e C(8; a certain inco!e or "ension9 .>/ )%ose $%ic% eave to a "erson t%e $%o e or "art of t%e %ereditary "ro"erty in order t%at %e !ay a"" y or invest t%e sa!e according to secret instructions co!!unicated to %i! by t%e testator. 2alane+ Reasons $%y t%ey $i not taEe effect: 1. Relate to Art. C@?. par. 1. It will not ta6e effect as a fideicommissary su*stitution *ut ma% ta6e effect as something else. ". 4his is not a fideicommissary *ut a prohi*ited institution. a. 'erpetual prohi*ition will freeBe the propert% w7c is against pu*lic polic%. *. 4emporar% prohi*ition is allowed *ut cannot go *e%ond the limit in Art. C@&-- limit is the death of the fiduciar%. 3annot prohi*it alienation *e%ond the death of the fiduciar%. 0hen the propert% goes to the second heir. there is no more prohi*ition. 3ommentators sa% that it refers to Art. CAD rather than Art. C@&. 4he% contend that the limit is "D %rs. In such a case. the contention is (alid if %ou do not ma6e it applica*le to su*stitutions. I+ If %ou prohi*it for &D %rs.. what will happen1 A+ 4here are " answers.
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1. 4he whole period is (oid. ". -nl% the first "D %ears is (alid. (2alane agrees w7 this.) &. Attempt to circum(ent one degree limitation of fideicommissary su*stitution. #.g.. 5I gi(e 17& of m% estate to G and impose upon him the o*ligation to gi(e a '?.DDD pension to A and in A;s death. to A;s son.5 4his is allowed. 2ut if this is e$tended to the son of the son of A. then it won;t *e allowed. 4he first and second recipient must *e w7in one degree. 2ut it cannot e$tend *e%ond the second recipient. ). umm% pro(ision. 4his is usuall% used as a means to circum(ent some prohi*ition of law. #$ample. 'rohi*ition of gi(ing to paramour A has a paramour G. A gets 2 as a dumm%. 2ecause of the prohi*ition of gi(ing to a paramour. the% agree *etween themsel(es that A will lea(e to 2 a de(ise and from its profits 2 will gi(e G. So A pretends to name 2 as heir. 2ut in realit%. such institution is for the *enefit of G. a. In such a case. the institution will not *enefit G. #(en if G shows a written agreement *et. A and 2. it cannot *e enforced *ec. it is contrar% to law. *. As regards 2. he can 6eep the inheritance e(en if he dou*le-crosses A. A instituted 2 at his own ris6 that he ma% *e dou*le-crossed *% 2. 4oo *ad for G. Art. C(C. )%e nu ity of t%e fideicommissary substitution does not "re6udice t%e va idity of t%e institutions of t%e %eirs first designated9 t%e fideicommissary c ause s%a si!" y be considered as not $ritten. 2alane+ 4he nullit% of the fideicommissary su*stitution will not affect (alidit% of institution of the first heir. #.g.. 5I here*% institute A to 17& of m% estate under o*ligation to preser(e and to transmit the same to 2 upon his death.5 a. If institution of 2 is in(alid. what will happen to the institution of A1 Halid. Institution of A is (alid w7o su*stitution. *. If the institution of A is in(alid. what will happen to the institution of 21 4he law does not pro(ide. 4hin6 a*out it. Art. C('. A "rovision $%ereby t%e testator eaves to a "erson t%e $%o e or "art of t%e in%eritance; and to anot%er t%e usufruct; s%a be va id. If %e gives t%e usufruct to various "ersons; not si!u taneous y; but successive y; t%e "rovisions of artic e C(8 s%a a"" y. 2alane+ 4his is similar to Art. C@A. par. & #$ample. 5I gi(e to A na6ed ownership. and to 2 the usufruct and upon 2;s death. to his son 3.5 4his is (alid. 07in the limit of Art. C@&. If it goes to the son of the son of 2. then it is in(alid. ,ote+ Fust as there can *e a su*stitution w7 regard to the usufruct. there can also *e a su*stitution w7 regard to the na6ed ownership. Art. C7D. )%e dis"ositions of t%e testator dec aring a or "art of t%e estate
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ina ienab e for !ore t%an t$enty years are void. 2alane+ 4his has nothing to do w7 su*stitution. It refers to simple institution of heir. de(isee or legatee. I+ 3an it go *e%ond "D %rs1 A+ 4here are " answers. 1. ,o. 4he whole period is (oid. ". ,o. 2ut (alid onl% for the first "D %ears. Section >.++ Conditional Testamentary $ispositions and Testamentary $ispositions With a Term Articles CA1-CA? tal6 of three things+ 4estamentar% dispositions with a-1. 3ondition ". 4erm-- certain as to time or certain as to occurrence &. Mode a. Similarit% *etween condition and term.-- 2oth refer to a future e(ent. ifference *etween condition and term.-- A condition is uncertain! a term is certain. *. Mode is not included in the title of the section .-- An o(ersight. c. Rationale for right to ma6e either of the three+ 1. Right stems from the right of freedom to dispose of his propert% mortis causa. If he can dispose of his propert% mortis causa. then he can certainl% impose either a condition. term or mode. ". Same principle as su*stitution Simple su*stitution-- special 6ind of condition 7ideicommissary++ Institution su*=ect to some encum*rance d. 4he arrangement of this Section is disorganiBed. 4o rearrange+ 1. <eneral 'ro(isions-- applies to all three-- Articles CA1 and CA". ". 3ondition.-- Articles CA& to CAA. CAE to CC1. CC&. par. ". CC) &. 4erm.-- Articles CAC. CC? ). Mode.-- Articles CC". CC& par. 1 &. <enera Provisions. Art. C7&. )%e institution of an %eir !ay be !ade conditiona y; or for a certain "ur"ose or cause. 2alane+ 4his gi(es the testator the right to ma6e these dispositions. 4he article did not include an institution with a term. 4his is an o(ersight. Art. C7:. )%e testator cannot i!"ose any c%arge; condition or substitution
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$%atsoever u"on t%e egiti!es "rescribed in t%is Code. S%ou d %e do so; t%e sa!e s%a be considered as not i!"osed. 2alane+ <eneral limitation+ 4he testator cannot impair the legitime. 0h%1 2ec. the testamentar% disposition is *ased on the power to dispose mortis causa. /egitimes. on the other hand. are passed *% operation of law. 4his is repeated in Art. ED). :. Conditions. 2alane+ A suspensi(e condition gi(es rise to the right if it happens. A resolutor% condition e$tinguishes the right if it happens. Jinds of 3onditions+ 1. Impossi*le 3onditions. Art. C78. I!"ossib e conditions and t%ose contrary to a$ or good custo!s s%a be considered as not i!"osed and s%a in no !anner "re6udice t%e %eir; even if t%e testator s%ou d ot%er$ise "rovide. 2alane+ Impossi*le conditions include those w7c are illegal. against pu*lic order and pu*lic polic%. #ffect+ It nullifies the condition. 4he condition is deemed as not imposed. 4he testamentar% disposition *ecomes pure. a*solute and unconditional. 3ompare with donations (Art. A"A.) and onerous o*ligations (Art. 11C&.)
Art. 7:7. I ega or i!"ossib e conditions in si!" e and re!uneratory donations s%a be considered as not i!"osed. Art. &&C8. I!"ossib e conditions; t%ose contrary to good custo!s or "ub ic "o icy and t%ose "ro%ibited by a$ s%a annu t%e ob igation $%ic% de"ends u"on t%e!. If t%e ob igation is divisib e; t%at "art t%ereof $%ic% is not affected by t%e i!"ossib e or un a$fu condition s%a be va id.
,ullifies the 3ondition a. 4estamentar% dispositions *. onations.
,ullifies the -*ligation a. -nerous o*ligations
0h% the difference1 4estamentar% dispositions and donations are acts of li*eralit%. 4he mo(ing factor is li*eralit%. If %ou ta6e awa% the impossi*le condition. the mo(ing factor still e$ists. the li*eralit%. 0hile in onerous donations. the condition is an element of cause. If the condition is impossi*le. there is a failure of cause. 4his results in a (oid o*ligation. #.g.. 5I sell %ou m% car if %ou impregnate the great *lue *ear of Antartica and if %ou pa% me '1D.DDD.5 Since there is an impossi*le condition. there is a failure of cause. Since there is no cause. then the o*ligation is (oid. ". 3ondition 'rohi*iting Marriage. Art. C7>. An abso ute condition not to contract a first or subse,uent !arriage s%a be considered as not $ritten un ess suc% condition %as been i!"osed on t%e $ido$ or
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$ido$er by t%e deceased s"ouse; or by t%e atterGs ascendants or descendants. Nevert%e ess; t%e rig%ts of usufruct; or an a o$ance or so!e "ersona "restation !ay be devised or be,ueat%ed to any "erson for t%e ti!e during $%ic% %e or s%e s%ou d re!ain un!arried or in $ido$%ood. 2alane+ istinguish.-1. If the condition is on the first marriage.-- 4he condition is considered as not imposed. #.g.. 5I gi(e 17& of m% estate to A if she does not get married.5 4he condition is considered as not imposed. ". If the condition is imposed on the second marriage.-- <eneral rule+ 4he condition is deemed as not imposed. #$ception+ Halid if imposed *%+ (a) spouse! (*) ascendants of spouse! (c) descendants of spouse. #$ample+ <eneral rule+ 5I gi(e 17& of m% estate to Mr. A on the condition that if he should *e widowed. he will not get married.5 4he condition is deemed as not imposed here. #$ception+ 5I gi(e the entire free portion of m% estate to m% hus*and A on the condition that if I predecease him. he will not get married.5 4he condition is (alid in this case. -ther Situations+ 1. 0hat a*out a condition to contract marriage1 Halid *ec. it is not prohi*ited and *% contrar% implication. ". 0hat a*out a condition to enter into religious life1 Halid. &. 0hat a*out a condition to renounce a religion1 ,ot (alid. 4he second paragraph rela$es the rule to go around the prohi*ition of the first par. #.g.. 5I gi(e A a pension of '1D.DDD during the entire time she is single.5 4his is a (alid condition. Art. C7A. Any dis"osition !ade u"on t%e condition t%at t%e %eir s%a !aEe so!e "rovision in %is $i in favor of t%e testator or of any ot%er "erson s%a be void. 2alane+ #.g.. 5I gi(e 17& of m% estate to A pro(ided he ma6es a will instituting me (or 2) as heir.5 4he disposition is (oid. 0h%1 a. It is against pu*lic polic% *ec. it impairs the (oluntariness of wills! *. It is against re(oca*ilit%+ If %ou can alter %our will after recei(ing. then it is a *reach of good faith. 2ut if the testator is not allowed to alter the will. the condition is against re(oca*ilit%. #ither option is unaccepta*le. 3onsider (the article) restricti(el%.-- /imit it to cases where the *eneficiar% is to ma6e a will instituting the testator or a third person. ). Suspensi(e 3onditions. Art. C7(. Any "ure y "otestative condition i!"osed u"on an %eir !ust be fu fi ed by %i! as soon as %e earns of t%e testatorGs deat%. )%is ru e s%a not a"" y $%en t%e condition; a ready co!" ied $it%; cannot be fu fi ed again.
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Art. C77. If t%e condition is casua or !i?ed it s%a be sufficient if it %a""en or be fu fi ed at any ti!e before or after t%e deat% of t%e testator; un ess %e %as "rovided ot%er$ise. S%ou d it %ave e?isted or s%ou d it %ave been fu fi ed at t%e ti!e t%e $i $as e?ecuted and t%e testator $as una$are t%ereof; it s%a be dee!ed as co!" ied $it%. If %e %ad Eno$ edge t%ereof; t%e condition s%a be considered fu fi ed on y $%en it is of suc% a nature t%at it can no onger e?ist or be co!" ied $it% again. . Art. C7'. If t%e "otestative condition i!"osed u"on t%e %eir is negative; or consists in not doing or not giving so!et%ing; %e s%a co!" y by giving a security t%at %e $i not do or give t%at $%ic% %as been "ro%ibited by t%e testator; and t%at in case of contravention %e $i return $%atever %e !ay %ave received; toget%er $it% its fruits and interests.
Art. CC8. ??? If t%e "erson interested in t%e condition s%ou d "revent its fu fi !ent; $it%out t%e fau t of t%e %eir; t%e condition s%a be dee!ed to %ave been co!" ied $it%. 2alane+ )%ere are )%ree 5inds of Sus"ensive Conditions: 1. 'urel% 'otestati(e.-- 4he fulfillment of the condition depends solel% upon the will of the heir. de(isee or legatee. #.g.. 5I gi(e m% entire free portion to #rap should he sha(e his moustache.5 <eneral rule+ 4he condition must *e fulfilled as soon as the heir learns of the testator;s death. #$ception+ If the condition has alread% *een fulfilled and it cannot *e fulfilled again. the condition is deemed fulfilled. 3onstructi(e compliance is applica*le. ". 3asual.-- 4he fulfillment of the condition depends solel% on chance or on the will of a third person. #.g.. 5I gi(e G. 17& of m% estate should Ma%on erupt one %ear from now.5 &. Mi$ed.-- 4he fulfillment of the condition depends partl% on chance and partl% on the will of the heir. de(isee. or legatee. #.g.. 5I gi(e one million to A pro(ided he sets up a foundation for the (ictims of the ne$t eruption of Ma%on.5 Rules for casual and mi$ed conditions+ <eneral rule+ 4he condition ma% *e fulfilled an% time. either *efore or after the testator;s death unless the testator pro(ides otherwise. 0h%1 It is not w7in the heir. de(isee or legatee;s control. Iualification+ If condition is alread% fulfilled at the time of the e$ecution. a. 4estator is unaware-- 4he condition is deemed complied w7 or fulfilled. *. 4estator is aware.-- (1) If the condition can no longer *e fulfilled again. it is deemed fulfilled! (") If the condition can still *e fulfilled. fulfill it again.
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Rules for 3onstructi(e compliance.-- 4hat when the heir. de(isee or legatee has done e(er%thing to compl% w7 the condition *ut the condition still does not happen. 1. 'urel% potestati(e.-- Applica*le. ". 3asual.-- ,ot applica*le. &. Mi$ed.-a. 2% will - (1) 'erson interested - applica*le (") 'erson not interested - not applica*le *. 2% chance.-- ,ot applica*le. ?. -ther 'ro(isions. Art. CCD. If t%e %eir be instituted under a sus"ensive condition or ter!; t%e estate s%a be " aced under ad!inistration unti t%e condition is fu fi ed; or unti it beco!es certain t%at it cannot be fu fi ed; or unti t%e arriva of t%e ter!. )%e sa!e s%a be done if t%e %eir does not give t%e security re,uired in t%e "receding artic e. 2alane+ If the suspensi(e condition is not fulfilled. place the estate under administration until+ 1. 4he condition is fulfilled. in w7c case the estate should *e gi(en to the instituted heir! ". It *ecomes o*(ious that it cannot *e fulfilled. in w7c case. the estate should *e gi(en to the intestate heirs. #.g.. 5I gi(e a car to A when he places first in the *ar.5 4estator dies while A is still ta6ing law. 4he car is put under administration until+ (1) A tops the *ar. in w7c case the car should *e gi(en to him! or (*) A dies while re(iewing in w7c case. the car should *e gi(en to the intestate heirs *ec. the condition has *ecome o*(iousl% impossi*le of *eing fulfilled. Art. CC&. )%e a""oint!ent of t%e ad!inistrator of t%e estate !entioned in t%e "receding artic e; as $e as t%e !anner of t%e ad!inistration and t%e rig%ts and ob igations of t%e ad!inistrator s%a be governed by t%e Ru es of Court. Art. CC>. Conditions i!"osed by t%e testator u"on t%e %eirs s%a be governed by t%e ru es estab is%ed for conditiona ob igations in a !atters not "rovided for by t%is Section. 2alane+ Rules on conditional o*ligations will appl% suppletoril%. Articles 11AE to 11E".
8. )er!. Art. C7C. A dis"osition $it% a sus"ensive ter! does not "revent t%e instituted %eir fro! ac,uiring %is rig%ts and trans!itting t%e! to %is %eirs even before t%e arriva of t%e ter!.
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2alane+ 4his is founded on the principle that the right of the heir instituted su*=ect to a term is (ested at the time of the testator;s death-- he will =ust wait for the term to e$pire. 4he heir must sur(i(e the testator. If the heir dies after the testator *ut *efore the term e$pires. he transmits his rights to his own heirs *ec. of the (ested right. #.g.. 5I gi(e '1M to G. fi(e %ears after m% death.5 3ompare this w7 conditional.-- Art. 1D&). par. &-- Iualification of heir-- 4he heir must *e ali(e and qualified at the time of the testator;s death and when the condition happens. Art. CCA. )%e designation of t%e day or ti!e $%en t%e effects of t%e institution of an %eir s%a co!!ence or cease s%a be va id. In bot% cases; t%e ega %eir s%a be considered as ca ed to t%e succession unti t%e arriva of t%e "eriod or its e?"iration. But in t%e first case %e s%a not enter into "ossession of t%e "ro"erty unti after %aving given sufficient security; $it% t%e intervention of t%e instituted %eir. 2alane+ 0hat happens when the testator dies1 istinguish *etween+ 1. Suspensi(e (e. die)-- gi(e it to the intestate heirs for them to en=o% *ut in order to protect the right of the instituted heir. intestate heirs must put up a *ond (caucion muciana.) ". Resolutor% (in diem.)-- <i(e it to the instituted heirs *ut when the term arri(es. he must gi(e it to the intestate heirs. 4he instituted heir does not ha(e to file a *ond. >. #ode. Art. CC:. )%e state!ent of t%e ob6ect of t%e institution; or t%e a"" ication of t%e "ro"erty eft by t%e testator; or t%e c%arge i!"osed by %i!; s%a not be considered as a condition un ess it a""ears t%at suc% $as %is intention. )%at $%ic% %as been eft in t%is !anner !ay be c ai!ed at once "rovided t%at t%e instituted %eir or %is %eirs give security for co!" iance $it% t%e $is%es of t%e testator and for t%e return of anyt%ing %e or t%ey !ay receive; toget%er $it% its fruits and interests; if %e or t%ey s%ou d disregard t%is ob igation. 2alane+ A mode is an o*ligation imposed upon the heir to do or to gi(e something. #.g.. 5I gi(e 17& of me estate to A *ut impose upon him the o*ligation to pa% for m% son;s education.5 A condition suspends *ut does not o*ligate while a mode o*ligates *ut does not suspend. Rules+ 1. In case of dou*t *etween a mode and a condition. resol(e in fa(or of mode. ". In case of dou*t whether a mode e$ists. resol(e in fa(or of it *eing a request. Art. CC8. 2%en $it%out fau t of t%e %eir; an institution referred to in t%e "receding artic e cannot taEe effect in t%e e?act !anner stated by t%e testator; it s%a be co!" ied $it% in a !anner !ost ana ogous to and in confor!ity $it% %is $is%es. ??? 2alane+ A caucion muciana is a securit% to *e put up to protect the right of the heirs (who would
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succeed to the propert%) in case the condition. term or mode is (iolated. Instances when it is needed+ 1. Suspensi(e condition.-- Art. CC?. ". ,egati(e potestati(e condition.-- Art. CAE. &. Mode.-- Art. CC". par. ". Section A.++ Legitime. 2alane+ /egitime comes a 9rench word w7c means 5legitimate share..5 4his was deri(ed from the Spanish 3i(il 3ode *ut was simplified. 4here are & 6inds of S%stems+ 1. 'artial Reser(ation.-- set aside for compulsor% heirs ". 3ommon law-- no reser(ation e$cept for support &. 4otal reser(ation-- e(er%thing is set aside. 9or the 'hils.. we ha(e partial reser(ation. ,ew 3i(il 3ode Spanish 3i(il 3ode ____________________________________________________________________ /egitimes7 9ree portion L Short Me=ora 9ree 'ortion L /egitime 2etterment L ____________________________________ L L A*olished me/ora *ec.+ L goes to the goes to the 1. It opened a*uses and ga(e L children in children *ut parents power to influence7 L equal shares the testator has *lac6mail their children! L freedom as to L how the chilL dren will share L it. ". It was a s%stem our people L M 7 ne(er applied nor understood. L M 7 L /ong /egitime _____________________________L_________________________________________
Art. CC(. Legiti!e is t%at "art of t%e testatorGs "ro"erty $%ic% %e cannot dis"ose of because t%e a$ %as reserved it for certain %eirs $%o are; t%erefore; ca ed co!"u sory %eirs. 2alane+ 1. 4here is compulsion on the part of the testator to reser(e that part of the estate w7c corresponds to the legitime. 4he law sets a fractional portion of the estate aside for the compulsor% heirs. 4he law does not specif% w7c prop. to reser(e *ut onl% sets aside a fractional portion of the estate. 4here is no o*ligation on the compulsor% heirs to accept.
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". 4he prohi*ition imposed on the testator is that he is prohi*ited from ma6ing gratuitous disposition+ (a) testamentar% disposition mortis causa8 (*) donation inter #i#os -nl% the legitime is reser(ed. 4he free portion ma% *e disposed of *% will. #.g.. A is married to 2. 4he% had a child 3. A owns lot worth '?M. a. A sells the lot to for '?M. 4his is (alid. 4he prohi*ition does not co(er an onerous disposition *ec. this in(ol(es an e$change of (alues. *. A donates to . 4his is not (alid if it impairs the legitime of 2 and 3. Art. CC7. )%e fo o$ing are co!"u sory %eirs: .&/ Legiti!ate c%i dren and descendants; $it% res"ect to t%eir egiti!ate "arents and ascendants9 .:/ In defau t of t%e foregoing; egiti!ate "arents and ascendants; $it% res"ect to t%eir egiti!ate c%i dren and descendants9 .8/ )%e $ido$ or $ido$er9 .>/ AcEno$ edged natura c%i dren; and natura c%i dren by ega fiction9 .A/ Ot%er i egiti!ate c%i dren referred to in artic e :C7. Co!"u sory %eirs !entioned in Nos. 8; > and A are not e?c uded by t%ose in Nos. & and :9 neit%er do t%ey e?c ude one anot%er. In a cases of i egiti!ate c%i dren; t%eir fi iation !ust be du y "roved. )%e fat%er or !ot%er of i egiti!ate c%i dren of t%e t%ree c asses !entioned; s%a in%erit fro! t%e! in t%e !anner and to t%e e?tent estab is%ed by t%is Code. 2alane+ 4here are 9i(e (?) 6inds of 3ompulsor% heirs+ 1. /egitimate children and descendants ". /egitimate parents and ascendants &. 0idow or widower ). Ac6nowledged natural children. and natural children *% legal fiction ?. -ther illegitimate children :nder the 9amil% 3ode. there is no more distinction *etween ac6nowledged natural children and illegitimate children. 4he% are all considered as illegitimate. Rosales (. Rosales.-- In this case. the deceased was the mother-in-law of the plaintiff. 4he plaintiff;s hus*and had predeceased his mother. 4he plaintiff widow see6s a share in her mother-in-law;s estate claiming she is a compulsor% heir *eing a widow. 4he S3 denied her claim *ec. the widow in the law refers to the widow of the deceased and not of a relati(e of t he deceased. )%ree 5inds of Re ations%i" A!ong Co!"u sory 1eirs: 1. 'rimar%.-- /egitimate children. and in their a*sence. legitimate descendants. 4he% are primar% *ec. the% are a*solutel% preferred. and the% e$clude the secondar%. ". Secondar%.-- /egitimate parents. and in their a*sence. legitimate ascendants 4he% inherit onl% in the a*sence of default of the primar%. &. 3oncurring.-- Sur(i(ing spouse and illegitimate children. 4he% get their legitime
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together w7 the primar% or secondar% heirs. ,either e$clude primar% or secondar% heirs nor each other. #$cept+ Illegitimate children e$clude illegitimate parents. Artic es CCC to 'D8. *ifferent Co!binations I. According to 4olentino (all shares are w7 respect to the whole estate unless otherwise pro(ided.) 1. /egitimate children 17". in equal portions. whether the% sur(i(e alone or with concurring compulsor% heirs. (Art. CCC.) ". &. ). R I ?. @. -ne legitimate child -- 17" (Art. CCC.) Sur(i(ing spouse -- 17) (Art. CE". par. 1.) /egitimate children -- 17". in equal portions (Art. CCC.) Sur(i(ing spouse -- share equal to that of each child (Art. CE". par. ".) /egitimate children -- 17". in equal portions. (Art. CCC.) ,atural children -- 17" the share of each legitimate child (Art. CE?. par. 1.) /egitimate children -- 17". in equal portions. (Art. CCC.) Illegitimate children -- "7? the share of each legitimate child (Art. CE?. par. ".) /egitimate children -- 17". in equal portions. ,atural children -- 17" of the share of a legitimate child. (Art. CE?. par. 1.) Illegitimate children -- )7? of the share of each natural child. (Art. CE?. par. ".) -ne legitimate child -- 17" (Art. CCC.) ,atural children -- 17" of the share of a legitimate child. (Art. CE?. par. 1.) Illegitimate children -- )7? of the share of a natural child. (Art. CE?. par. ".) Sur(i(ing spouse -- 17) (Art. CE". par. 1.)
A.
,-4#+ All concurring heirs get their share from the free portion. 4he sur(i(ing spouse will *e preferred o(er the natural and illegitimate children. whose share ma% suffer reduction pro rata. (Art. CE?. last par.) C. /egitimate children -- 17". in equal portions. (Art. CCC.) ,atural children -- 17" of the share of a legitimate child. (Art. CE?. par. 1.) Illegitimate children -- )7? of the share of a natural child. (Art. CE?. par. ".) Sur(i(ing spouse -- share equal to that of a legitimate child. (Art. CE". par. ". -17". whether the% sur(i(e alone or w7 concurring
CEA. CEC.) E. /egitimate parents compulsor% heirs. (Art. CCE.) 1D.
/egitimate parents -- 17" (Art. CCE.) ,atural children -- 17). in equal shares. (Art. CE@.)
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11. R 1".
/egitimate parents -- 17" (Art. CCE.) Illegitimate children -- 17). in equal shares (Art. CE@.) /egitimate parents -- 17" (Art. CCE.) ,atural children ------- M 17) (Art. CE@) *ut each illegitimate child gets )7? of the share of each natural child (Art. CE? Illegitimate children --- 7 par. ".) /egitimate parents -- 17" (Art CCE.) Sur(i(ing spouse -- 17) (Art. CE&.) /egitimate parents -- 17" (Art. CCE.) ,atural children ------ M 17) (Art. CE@) *ut each illegitimate child gets )7? of the share of each natural child. Illegitimate children -- 7 par. ".) Sur(i(ing spouse -- 17C (Art. CEE.)
1&. R 1).
(Art. CE?.
1?. ,atural and7 or illegitimate children -- all together get 17" (Art. ED1.) If all natural or all illegitimate. di(e the portion equall%. If some are natural and others illegitimate. each of the illegitimate child gets onl% )7? of the share of each natural child. (Art. CE?. par. ".) I 1?. Sur(i(ing spouse -- 17& (Art. CE).) 1A. Sur(i(ing spouse alone -- 17" or 17& if the marriage is in articulo mortis and the deceased dies w7in & months after the marriage. (Art. EDD.) 1C. 1E. "D. Illegitimate parents (natural or otherwise) alone -- 17" (Art. ED&.) Illegitimate parents -- none. (Art. ED&.) 3hildren or an% class -- same as in nos. 1. ). @ and 1?. as the case ma% *e. Illegitimate parents -- 17) Sur(i(ing spouse -- 17) (Art. ED&.) 1@. ,atural and7 or illegitimate children -- 17& (Art. CE).). di(iding it as in num*er
II. According to 2alane (all shares are w7 respect to the whole estate unless otherwise pro(ided.) 1. ". " legitimate children -- 17" shared equall% N 17) each Sur(i(ing spouse (hereinafter SS) -- 17) ? /egitimate children -- 17" shared equall% N 171D SS -- same share as in legitimate child N 171D -2S#RH#+ 4here is an in(erse proportion *etween num*er of children and the share of the SS. &. 1 leg. child -- 17"
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SS -- 17) <eneral rule+ SS gets share equal to 1 leg. child. #$ception+ If onl% 1 leg. child. SS gets 17) ). ?. " leg. parents -- 17" shared equall% SS -- 17) " leg. parents -- 17" shared equall% SS -- 17C 1 illeg. child -- 17) " leg. parents -- 17" shared equall% & illeg. children -- 17) shared equall% " illeg. parents -- none & illeg. children -- 17" shared equall% 1 adopted child -- 17" " leg. parents -- none. SS -- 17& ) illeg. children -- 17& shared equall% SS -- 17) ) illeg. children -- 17" of the share of a leg. child N 17C each " leg. children -- 17" shared equall% N 17) each If it e$ceeds the estate. rata*l% diminish the legitime of the illeg. children N 171@ " illeg. parents -- 17) shared equall% SS -- 17) " leg. children -- 17" shared equall% SS -- share equal to 1 leg. child N 17) __ leg. parents -- none 1 adopted child -- M 1 leg. child ------- 7 SS -- 17) SS -- 17) Illeg. parents -- none 1 adopted child -- 17" SS alone -- 17" e$cept if the marriage is in articulo mortis. in w7c case the share a. Marriage is in articulo mortis *. ies w7in & months c. ,ot li(ed together for ? %ears d. 'erson who dies is the sic6 spouse 17" shared equall%
@. A. C. E. 1D.
11. 1".
1&.
1).
1?. is 17&
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1@. 1A.
1 adopted child -- 17" 1 illeg. child -- 17" of the share of an adopted child N 17) C leg. children -- 17" shared equall% N 171@ 1 illeg. child -- 17" of the share of a leg. child N 17&" SS -- same as the share of 1 leg. child N 171@ C leg. children -- M 17" shared equall% 1 adopted child - 7 N 171C each 1 illeg. child -- 17" of the share of a leg. child N 17&@ SS -- same share as 1 leg. child N 171C 1 leg. parent -- 17" SS -- 17C 1 illeg. child -- 17) 1 leg. parent -- 17" SS -- 17) 1 leg. parent -- 17" 1 illeg. child -- 17) 1 adopted child -- M 17" shared equall% 1 leg. child ------- 7 N 17) SS -- same share as a leg. child N 17) 1 illeg. child -- 17" share of leg. child N 17C " leg. or illeg. parents -- none 1 adopted child -- 17" SS -- 17) 1 illeg. child -- 17) " leg. or illeg. parents -- none
1C.
1E.
"D. "1. "".
"&.
:nder the 9amil% 3ode+ 1. If the decedent died *efore the 9amil% 3ode too6 effect -- leg. + natural + illeg. N 1D + ? + ) ". If the decedent died after the 93 too6 effect -- leg. + illeg. N " + 1. distinguish *etween natural and spurious. (conc)urring fraction -- 17" -- called *asic legitime In most cases. there will *e a group or single heir who will get 17" of the estate. #$ceptions+ (1) Art. CE). -- Illeg. children (17&) and SS (17&) (") Art. ED&. -- Illeg. parents (17)) and SS (17)) (&) Articles EDD -- SS alone in case of marriage in articulo mortis with the following requisites+ a. Marriage in articulo mortis *. 4he spouse dies w7in & months c. 4he% ha(e not li(ed together for ? %ears o not
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d. Spouse who dies is the sic6 spouse #$ample. A. in the I3:. is rich and d%ing of AI S. 2. who has not li(ed w7 A. accepts A;s proposal of marriage. 4he% get married in the hospital. After getting married. A lapses into a coma. 4he doctor sends 2 to *u% the medicine. As 2 is crossing the street. she is run o(er *% a *us and dies. A is the onl% compulsor% heir of 2. Is this the marriage in articulo mortis contemplated *% the &rd e$ception1 ,o. 4he one who should die w7in & months should *e A for the e$ception to appl%. Rationale for the e$ception in num*er & -- It is the law;s wa% of showing its distaste to marriages for con(enience or for interest or gain. #$ception to e$ception+ If the% ha(e li(ed together for at least ? %ears *efore the marriage. 4his shows that it was not onl% for interest. ,ow that one is d%ing. to reward the other spouse. #$ception to num*er & -- Applies onl% if the wife is (the) onl% compulsor% heir. 0h%1 2ec. in other cases. she will alwa%s get less than 17". oes not also appl% to intestac% if the wife is the onl% intestate heir. She will get the whole estate. In such a case. the testator was not gi(en a change to ma6e a will. If gi(en a chance. he could ha(e named other people.
Art. CCC. )%e egiti!e of egiti!ate c%i dren and descendants consists of one+%a f of t%e %ereditary estate of t%e fat%er and of t%e !ot%er. )%e atter !ay free y dis"ose of t%e re!aining %a f; sub6ect to t%e rig%ts of i egiti!ate c%i dren and of t%e surviving s"ouse as %ereinafter "rovided. 2alane+ 1. If there are legitimate children. the% will get collecti(e legitime of 17" of the estate. It does not sa% how the% will di(ide the legitime. 3ommentators agree that the% will di(ide the 17" equall% regardless of age. se$. marriage of origin (whether 1st. "nd. etc.) ". 0h% descendants1 Rule+ ,earer e$cludes more remote. If there are children. the% will e$clude the more remote descendants. e.g.. grandchildren 0hen descendants1 a. Right of representation e$ists *. All children renounce. Since all renounce. the ne$t in line will inherit equall% not *% (irtue of representation *ut *ec. the% are the nearest relati(es in the descending line.
G 7 L M A 2 3 7L 7M L M e f gh i = a. If A. 2 and 3 renounce. grandchildren will inherit *. If onl% 2 renounces. legitime will *e di(ided into " onl%. 2;s children cannot represent
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him. &. -ther half of the estate -- free portion. Su*=ect to the free disposal of the testator. If not disposed of *% the testator. then it will go *% intestac%.
Art. CC'. )%e egiti!e of egiti!ate "arents or ascendants consists of one+%a f of t%e %ereditary estates of t%eir c%i dren and descendants. )%e c%i dren or descendants !ay free y dis"ose of t%e ot%er %a f; sub6ect to t%e rig%ts of i egiti!ate c%i dren and of t%e surviving s"ouse as %ereinafter "rovided. Art. C'D. )%e egiti!e reserved for t%e egiti!ate "arents s%a be divided bet$een t%e! e,ua y9 if one of t%e "arents s%ou d %ave died; t%e $%o e s%a "ass to t%e survivor. If t%e testator eaves neit%er fat%er nor !ot%er; but is survived by ascendants of e,ua degree of t%e "aterna and !aterna ines; t%e egiti!e s%a be divided e,ua y bet$een bot% ines. If t%e ascendants s%ou d be of different degrees; it s%a "ertain entire y to t%e ones nearest in degree of eit%er ine. 2alane+ Articles CCE and CED -- /egitimate parents or ascendants alone -- 17" of the estate.
A. 4hree rules+ 1. ,earer e$cludes the more remote. ,o representation in the ascending line. Illustration+ A1 M 7 A M M J G ". i(ision *% (*etween the) lines -- 17" of legitime each to maternal and paternal (assuming that the nearest relati(es in *oth sides are of the same degree.) Illustration (see illustration a*o(e.) a. If *oth parents predecease G. the nearest ascendants would *e the grandparents. i(ision *% line will appl%. 4he estate will *e di(ided equall% *et. the maternal and paternal lines (17) of estate each.) /egitimes+ A1 N 17C. A" N 17C. 21 N 17C. 2" N 17C *. If A1 predeceases G. there will still *e equal di(ision *% lines. 2oth lines get 17) of the estate each. /egitimes+ A" N 17). 21 N 17C. 2" N 17C. A" 21 2" M 7 2 7 7 7 a. If G dies. the legitime will *e shared *% the parents A and 2 *ec. the nearer e$cludes the more remote. *. If A predeceases G. 2 gets all. A1 and A" will get nothing *ec. there is no right of representation in the ascending line.
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,-4#+ If one of the parents. either A or 2. is ali(e. di(ision *% line will not appl%. Rule 1 would appl% where the nearer would e$clude the more remote. 4he parent would e$clude the grandparent. &. #qual di(ision w7in the line. 2. 8ow far up do %ou go1 As far as possi*le as long as all lower ascendants are dead. 4he law does not limit *ut nature does. Art. C':. If on y one egiti!ate c%i d or descendant of t%e deceased survives; t%e $ido$ or $ido$er s%a be entit ed to one+ fourt% of t%e %ereditary estate. In case of a ega se"aration; t%e surviving s"ouse !ay in%erit if it $as t%e deceased $%o %ad given cause for t%e sa!e. If t%ere are t$o or !ore egiti!ate c%i dren or descendants; t%e surviving s"ouse s%a be entit ed to a "ortion e,ua to t%e egiti!e of eac% of t%e egiti!ate c%i dren or descendants. In bot% cases; t%e egiti!e of t%e surviving s"ouse s%a be taEen fro! t%e "ortion t%at can be free y dis"osed of by t%e testator. 2alane+ A. /egitime of Sur(i(ing spouse+ 1. If (alid or (oida*le marriage -- Iualified. Spouse ma% inherit. ". If legall% separated. it depends+ a. If innocent spouse -- not disqualified to inherit from the guilt% spouse *. If guilt% spouse -- disqualified to inherit from the innocent spouse. 2. Rules as to legitime of the sur(i(ing spouse if concurring w7 legitimate children. 1. 1 leg. child -- 17" of estate SS -- 17) of estate ". " or more leg. children -- 17" of estate shared equall% SS -- share equal to that of a leg. child.
3. 5-r descendant5 (all portions are in relation to the whole estate unless otherwise pro(ided.)
Illustration+ G ----------- > (spouse) @ K J A 2 3 7L 7LM LM 1"&)?@A 1. If 2 predeceases G A N 17@ 2;s children N 171C per child 3 N 17@ > N 17@
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". If 2 renounces
A N 17) 3 N 17) > N 17) 1 and " N 171" each &. ) and ? N 171C each @ and A N 171" each > N 17@
&. If A. 2 and 3 predecease --- representation
According to commentaries+ >;s share is *ased on what the children would ha(e recei(ed if the% were ali(e. ). If A. 2 and 3 renounce --- no representation legitime of 17" is di(ided equall% *etween the E grandchildren > N 1
According to 4olentino. > gets 17@. >;s share is *ased on the num*er of children. 4o allow >;s share to *e equal to a grandchild would gi(e the children the opportunit% to reduce the legitime of >. especiall% if > is onl% a stepmother. 4he pro*lem in this case is when 5or descendants5 will appl%. 4his issue is undecided. Art. C'8. If t%e testator eaves no egiti!ate descendants; but eaves egiti!ate ascendants; t%e surviving s"ouse s%a %ave a rig%t to one+fourt% of t%e %ereditary estate. )%is fourt% s%a be taEen fro! t%e free "ortion of t%e estate. 2alane+ 3om*ination+ /egitimate parents or ascendants -- 17" (di(ide according to Art. CCE and CED.) Spouse -- 17) 9ree portion -- 17) Art. C'>. If t%e testator eaves i egiti!ate c%i dren; t%e surviving s"ouse s%a be entit ed to one+t%ird of t%e %ereditary estate of t%e deceased and t%e i egiti!ate c%i dren to anot%er t%ird. )%e re!aining t%ird s%a be at t%e free dis"osa of t%e testator. 2alane+ 4his is one of the e$ceptions to the *asic rule of 17". Illeg. children -- 17& collecti(el% N di(ided depending if the decedent died *efore (? + )) or after (equal) the 9amil% 3ode. Sur(i(ing spouse -- 17& 9ree portion -- 17& Art. C'A. )%e egiti!e of eac% of t%e acEno$ edged natura c%i dren and eac% of t%e natura c%i dren by ega fiction s%a consist of one+%a f of t%e egiti!e of eac% of t%e egiti!ate c%i dren or descendants. )%e egiti!e of an i egiti!ate c%i d $%o is neit%er an acEno$ edged natura c%i d ; nor a natura c%i d by ega fiction; s%a be e,ua in every case to four+fift%s of t%e egiti!e
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of an acEno$ edged natura c%i d. )%e egiti!e of t%e i egiti!ate c%i dren s%a be taEen fro! t%e "ortion of t%e estate at t%e free dis"osa of t%e testator; "rovided t%at in no case s%a t%e tota egiti!e of suc% i egiti!ate c%i dren e?ceed t%at free "ortion; and t%at t%e egiti!e of t%e surviving s"ouse !ust first be fu y satisfied.
Art. &7(. I egiti!ate c%i dren s%a use t%e surna!e and s%a be under t%e "arenta aut%ority of t%eir !ot%er; and s%a be entit ed to su""ort in confor!ity $it% t%is code. )%e egiti!e of eac% i egiti!ate c%i d s%a consist of one+%a f of t%e egiti!e of a egiti!ate c%i d. .4a!i y Code./
2alane+ 1. /egitime of illeg. children affected *% the 9amil% 3ode. a. If *efore -- 1D + ? + ) *. If after -- " + 1 ". 3om*ination+ /eg. children -- 17" collecti(el% Illeg. children -- 17" of the share of a leg. child each SS -- share is equal to that of 1 leg. child. &. Illustration+ G---------> 7 L A 2 3 After the 9amil% 3ode. a. A 2 > 3 N N N N N 17) 17) 17) 17C 17C *. A 2 > 3 If there is a third illeg. child. # N 17) N 17) /egitime e$ceeds estate N 17) N 17C M N 17C Reduce proportionall% # N 17C 7 3 N 171" N 171" # N 171" Art. C'(. I egiti!ate c%i dren $%o !ay survive $it% egiti!ate "arents or ascendants of t%e deceased s%a be entit ed to one+fourt% of t%e %ereditary estate to be taEen fro! t%e "ortion at t%e free dis"osa of t%e testator. 2alane+ /eg. parents -- 17" di(ided according to Art. CCE and CED
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Illeg. children -- 17) collecti(el% di(ided according to whether decedent died *efore or after the 9amil% 3ode. Art. C'7. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate c%i dren or descendants; and acEno$ edged natura c%i dren; or natura c%i dren by ega fiction; suc% surviving s"ouse s%a be entit ed a "ortion e,ua to t%e egiti!e of eac% of t%e egiti!ate c%i dren $%ic% !ust be taEen fro! t%at "art of t%e estate $%ic% t%e testator can free y dis"ose of. 2alane+ 4his is a repetition of Art. CE?. Art. C'C. If t%e $ido$ or $ido$er survives $it% egiti!ate c%i dren or descendants; and $it% i egiti!ate c%i dren ot%er t%an acEno$ edged natura ; or natura c%i dren by ega fiction; t%e s%are of t%e surviving s"ouse s%a be t%e sa!e as t%at "rovided in t%e "receding artic e. 2alane+ 4his is the same as Art. CE?. 4he 93 has simplified this. Art. C''. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate "arents or ascendants and $it% i egiti!ate c%i dren; suc% surviving s"ouse s%a be entit ed to one+ eig%t% of t%e %ereditary estate of t%e deceased $%ic% !ust be taEen fro! t%e free "ortion; and t%e i egiti!ate c%i dren s%a be entit ed to one+fourt% of t%e estate $%ic% s%a be taEen a so fro! t%e dis"osab e "ortion. )%e testator !ay free y dis"ose of t%e re!aining one+ eig%t% of t%e estate. 2alane+ 4his shows how ar*itrar% legitime scheme is with regard to the sur(i(ing spouse. /eg. parents -- 17" di(ided according to Articles CCE and CED Illeg. children -- 17) di(ided depending on when the decedent died SS -- 17C 9ree portion -- 17C
Art. 'DD. If t%e on y survivor is t%e $ido$ or $ido$er; s%e or %e s%a be entit ed to one+%a f of t%e %ereditary estate of t%e deceased s"ouse; and t%e testator !ay free y dis"ose of t%e ot%er %a f. If t%e !arriage bet$een t%e surviving s"ouse and t%e testator $as so e!niHed in articulo mortis; and t%e testator died $it%in t%ree !ont%s fro! t%e ti!e of t%e !arriage; t%e egiti!e of t%e surviving s"ouse as t%e so e %eir s%a be one+t%ird of t%e %ereditary estate; e?ce"t $%en t%ey %ave been iving as %usband and $ife for !ore t%an five years. In t%e atter case; t%e egiti!e of t%e surviving s"ouse s%a be t%at s"ecified in t%e "receding "aragra"%. 2alane+ /egitime of sur(i(ing spouse when he7 she sur(i(es alone+ <eneral rule -- 17"! 9ree portion -- 17" #$ception -- Marriage in articulo mortis -- 17&! 9ree portion -- "7&
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Art. 'D&. 2%en t%e testator dies eaving i egiti!ate c%i dren and no ot%er co!"u sory %eirs; suc% i egiti!ate c%i dren s%a %ave a rig%t to one+%a f of t%e %ereditary estate of t%e deceased. )%e ot%er %a f s%a be at t%e free dis"osa of t%e testator. 2alane+ Illeg. children -- 17" di(ided either equall% (decedent died after the 93) or ? + ) (decedent died *efore the 93.) Art. 'D:. )%e rig%ts of i egiti!ate c%i dren set fort% in t%e "receding artic es are trans!itted u"on t%eir deat% to t%eir descendants; $%et%er egiti!ate or i egiti!ate. 2alane+ Illustration+ G 7 A 2 @J @ a1 a" *1 *" 1. A is legitimate while 2 is illeg. 2oth A and 2 predeceased G. A left a1. a leg. child and a". an illeg. child. 2 left *1. a leg. child and *". an illeg. child. 0ho will inherit and not inherit when G dies1 A1 can inherit from G *% representation. A" cannot inherit from G in either intestate or compulsor% succession *ecause of Art. EE" w7c pro(ides that an illegitimate cannot inherit ab intestado from the legitimate relati(es of the father or mother and (ice-(ersa 4his results in inconsistenc% and unfairness. (Art. ED") read with Art. EE" puts a premium on *astardness. 'reference is gi(en to *astard children of *astard children as compared to *astard children of legitimate children. ". If *oth A and 2 are dead. 0ho can G inherit from1 a1 dies -- G can inherit. a" dies -- G cannot inherit *ecause of Art. EE" *" dies -- G cannot inherit. In illegitimac%. %ou cannot go *e%ond the parent in representation. *1 dies -- :n6nown. 4he law is silent on this. Art. 'D8. )%e egiti!e of t%e "arents $%o %ave an i egiti!ate c%i d; $%en suc% c%i d eaves neit%er egiti!ate descendants; nor a surviving s"ouse; nor i egiti!ate c%i dren; is one+ %a f of t%e %ereditary estate of suc% i egiti!ate c%i d. If on y egiti!ate or i egiti!ate c%i dren are eft; t%e "arents are not entit ed to any egiti!e $%atsoever. If on y t%e $ido$ or $ido$er survives $it% "arents of t%e i egiti!ate c%i d; t%e egiti!e of t%e "arents is one+ fourt% of t%e %ereditary estate of t%e c%i d; and t%at of t%e surviving s"ouse a so one+fourt% of t%e estate. 2alane+ 4here are " com*inations+
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1. and CED. ".
Illeg. parents --
17" does not go *e%ond illeg. parents unli6e Articles CEE
Illeg. parents -- none /eg. or illeg. children -- depending on who is left Rules+ a. -nl% leg. children e$clude leg. parents *. An% 6ind of children e$clude illeg. children. #eserva Troncal.
Art. C'&. )%e ascendant $%o in%erits fro! %is descendant any "ro"erty $%ic% t%e atter !ay %ave ac,uired by gratuitous tit e fro! anot%er ascendant; or a brot%er or sister; is ob iged to reserve suc% "ro"erty as %e !ay %ave ac,uired by o"eration of a$ for t%e benefit of re atives $%o are $it%in t%e t%ird degree and $%o be ong to t%e ine fro! $%ic% said "ro"erty ca!e. 2alane+ 8istor% of Reser#a Troncal+ In the old law. there were " reser(ations+ 1. 9iudal -- 5ordinaria5. Art. E@C. -33 ". Troncal -- 5lineal.5 5familial.5 5e$traordinaria.5 Art. C11 of the -33 In addition+ Re#ersiones 1. /egal -- Art. C1" ". Adoption -- Rules of 3ourt Reser(ations.-- 'ropert% set aside for a group of people who are limited to persons related from whom it came Re#ersiones.+- 'ropert% goes *ac6 to the person from whom it came. 4he 3ode 3ommission a*olished all ). In the floor of 3ongress. there was a last minute amendment to include reser#a troncal. In 1E@&. ' @1& re(i(ed re#ersion adopti#a. 2ut this was eliminated *% the 9amil% 3ode. ,ow. onl% reser#a troncal remains. 1MS M M &R 7 M 7 M M 7 M "' )R
1MS (Mediate Source) ---- gratuitous title ---- "' (Prepositus) --- *% operation of law --- &R (Reser#ista, reser#er) --- )R $Reser#atorios, reser#ees) I. 'urpose of Reser#a Troncal <onBales (. 39I.-- 4he purpose of reser#a troncal is to return the propert% to where it originated and from where it stra%ed due to the accident of marriage. 5Accident5 here means
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unforeseen de(elopment. 1. 9eudal a. :nderl%ing concept.-- 'ropert% should sta% w7 the famil% *ecause it has sta%ed w7 them for so long and marriage should not *e allowed to cause that propert% to lea(e that famil%. *. 4o pre(ent the propert% from lea(ing the famil% through the accident of marriage. #.g.. G ---------- > L A
'ropert% from G;s famil%. G dies. propert% goes to A. A dies. propert% goes to >. 4he propert% ma% end up w7 >;s famil%. ". 4his is not good a. It impairs the free circulation of propert% *. :nderl%ing philosoph% is *ad-- outdated. aristocratic. II. Requisites 3hua (. 39I.-- 1. 4he propert% was acquired *% a person from an ascendant of from a *rother or sister *% gratuitous title. ". Said person died without legitimate issue. &. 4he propert% is inherited *% another ascendant *% operation of law. ). 4here are relati(es w7in the third degree *elonging to the line from w7c said propert% came. 3omments+ 1. 5descendant5 -- applies onl% if one got it from an ascendant! *ut what if one got it from a *rother! it should ha(e *een 5*% a person or indi(idual5 ". Indi(idual died without legitimate issue. 5Issue5 here means children or descendants. If w7 legitimate issue. this will not appl% *ut will go to legitimate descendants. If w7 legitimate issue *ut the% all renounce. the indi(idual dies as if there was no legitimate issue &. 5-peration of law5 means legal or compulsor% succession.
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III. 'R-3#SS. 1MS M A M &R 7 M 2 7 M 3 M 7 "' )R
1. A N 1MS -- "' a. MS -- either onl% an+ (1) (") ascendant M -of "' *rother or sister 7 (1) donation (") succession
*. MS to ' -- *% gratuitous title -- either+
3hua (.s 39I.-- As long as the transmission to the heir is free from an% condition imposed *% the deceased himself and the propert% is gi(en out of pure generosit%. it is gratuitous. #(en if the 3ourt ordered the heirs to pa% Standard -il. it is still gratuitous. If the e$pense or charge is =ust incidental. it is still considered gratuitous. #.g.. 5I gi(e %ou m% house pro(ided %ou pa% the mortgage.5 4his is still gratuitous *ut %ou su*tract the (alue of what %ou paid. ". 2 N "' -- &R -peration of law+ (a) compulsor% succession (*) intestate succession
3annot *e *%+ (a) testate succession (*) donation Reser#a troncal commences at this point. &. 3 N &R -- )R 4his is a consequence of reser#a troncal 4his occurs when the reser#ista dies Reser#a troncal ends here. IH. ,A4:R# 1. -f right of the reser#ista o(er the reser(ed propert%. #droso (. Sa*lan.-- a. Reser(ista;s right o(er the propert% is that of ownership *. Reser(ista;s right is su*=ect to a resolutor% condition which is that the reser#atorios e$ist at the time of the reser(ista;s death. If there are. the reser(ista;s right terminates and the propert% will pass to the reser#atorios. c. Reser(ista;s ownership is aliena*le *ut su*=ect to the same resolutor% condition. 4he *u%er;s ownership is su*=ect to the same resolutor% condition. d. Reser(ista;s right of ownership is registra*le. S5:ncle <erman+ -- 5germanus5 -- coming from the same seed! later came to mean
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5*rother.5T #rror in the case+ 4he case said 5reser#atorios cannot dispose of the e$pectanc%.5 According to the Sienes case. supra.. which is correct. the e$pectanc% can *e alienated. ". -f right of the reser#atorios o(er the reser(ed propert%. Sienes (. #sparcia.-- a. Reser(atorious right o(er the propert% during the life of the reser(ista is a mere e$pectanc%. *. 4he e$pectanc% is su*=ect to a suspensi(e condition which is that the reser(atorio is ali(e at the time the reser#ista dies c. 4he right of e$pectanc% can *e alienated *ut it will *e su*=ect to the same suspensi(e condition d. 4he right of e$pectanc% is registra*le. It must *e annotated at the *ac6 of the title to protect the reser#atorios from innocent purchasers for (alue. #rrors in the case+ 1. 4he case said the 5right of reser#ista is su*=ect to a dou*le resolutor% condition.5 -(a) death of the reser#ista! and (*) sur(i(al or reser#atorio 8owe(er. the death of the reser#ista is a term. It should *e the 5right of (the) reser#atorio is su*=ect to a suspensi(e condition.5 ". 4he case said that 5alienation *% (the) reser#atorios is su*=ect to a resolutor% condition.5 It should read 5suspensi(e condition.5 H. 'AR4I#S. A. 9our 'arties. 1. Mediate Source.-- #ither an ascendant or a *rother or sister of the prepositus. a. If ascendant. there is no pro*lem. >ou 6now from what line the propert% came from. *. If *rother or sister and full or half *lood. (i) If half *lood. no pro*lem. >ou 6now what line the propert% came from. (ii) If full *lood. there is a pro*lem. 8ow will %ou what line it came from1 F2/ Re%es.-- Reser#a troncal applies onl% to half *lood *rothers and sisters. >ou cannot determine the line if it is of full *lood. Manresa.-- It should appl% regardless of whether it is of full or half *lood. 4he law does not distinguish. 0hat line do %ou appl% it to1 >ou cannot appl% it to either line as long as it is within the third degree. 0h%1 4he purpose of the law is not onl% to *ring *ac6 the propert% to the line (curati(e) *ut also to pre(ent it from lea(ing the famil%.
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#.g. A----------2 7 M G > > to G. A is dead. G dies. so the propert% goes to 2. 2 remarries. 4he propert% is lost. Manresa;s (iew is the accepted (iew. ". Prepositus.-- #ither a descendant. or *rother or sister of the mediate source. 8e is the central figure in the reser#a troncal *ecause+ a. At the time he recei(es the propert%. he *ecomes the a*solute owner. 8e can pre(ent reser(a troncal from happening. 8ow1 2% pre(enting it from going to an ascendant *% operation of law. 8ow1 1. 2% selling it. retro.) ". <i(e it to an ascendant *% donation. de(ise. legac% or testamentar% succession. *. 8e is the *asis or point of reference for the third degree relationship. ,ote+ 4here is no reser#a troncal %et while the propert% is in the hands of the prepositus. &. Reser#ista-- called 5ascendant reser(ista.5 8e must *e another ascendant other than the mediate source if the mediate source is an ascendant. Reser#a troncal *egins once the reser#ista inherits the propert%. 8e is *ound *% the o*ligations. ispose of a potentiall% free portion propert% (e(en *% pacto de
I+ Must the ascendant-reser#ista *elong to a line similar to the mediate source or should he *e from a different line1 #.g.. G----------> L A----------2 L 3 G donates to 3. 3 dies and it goes to A. 1MS -- G "' -- 3 &R -- A 1
Is there reser#a troncal1 1. ,o. 4he propert% ne(er left the line. ". >es. 4here is no requirement in Art CE1 that the 1MS and &R must *elong to different lines. 4his is the (iew accepted *% the ma=orit% of commentators.
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). Reser#atorios -- class or group a. Requirements+ 1. Must *e w7in the third degree from the prepositus. ". Must *e from the line from w7c the propert% came &. Must *e related *% *lood to the mediate source. (According to commentators.) #.g.. A----------A1 L 2----------21 (Reser#ista) L 3 (Prepositus) 2 died. :pon A;s death. 3 inherits from A. :pon 3;s death. the propert% is transmitted to 21. Is A1 a reser#atorio1 9ollowing the & requisites+ 1. >es. ". >es. &. ,o. A1 is not related *% *lood to the mediate source. *. Reser(ation.-- in fa(or of a class. It is not required that reser(atorios *e li(ing at the time of the prepositus; death *ut required to *e ali(e at the time of the death of the reser(ista. :hy; Bec. reser#ation is in fa#or of a class. !s long as you belong to the class when the reser#ista dies. then %ou are a reser#atorio. c. 8ow do the% inherit w7in the class1 'adura (. 2aldo(ina.-- Appl% the rules in intestate succession+ a. ,earer e$cludes the more remote. *. Representation in fa(or or nieces for predeceased *rother c. 'roportion of " + 1 *etween full and half *lood nephews and *rothers. 8owe(er. there is no representation in the case *ec. there are no other *rothers. 8owe(er. the ratio of " + 1 is maintained. 9lorentino (. 9lorentino.-- Representation onl% in fa(or of nephews and nieces of deceased *rothers and sisters of the prepositus. 4he case is wrong. howe(er. when it did not distinguish *etween full and half *lood nephews and nieces. 2. 4hree relationships 1. Mediate Source.-- Prepositus-- ascendant or *rother or sister ". Prepositus.++ Reser#ista -- descendant - ascendant relationship &. Reser#atorio ++ Reser#ista Mediate Source -- *lood relation
'A<# C)

Prepositus -- within the &rd degree All relationship must *e legitimate. In effect. this requirement punishes legitimate relations *ec. if the relation is illegitimate. there is no o*ligation to reser(e. IH. 'R-'#R4>. A. In order for reser#a troncal to e$ist. propert% from 1MS --- "' and from ' -- R must *e the same. 0hat 6ind of propert%1 An% 6ind. whether real or personal. as long as it is the same propert%. 0hat a*out mone%. can it *e reser(ed1 >es. In mone%. the propert% is the purchasing power and not the *ills. As such. the (alue of the mone% can *e reser(ed. 2. Special 'ro*lems MS R M 7 ' MS dontes a piece of land to ' worth '1DD.DDD. ' then dies w7o legitimate issue. R is the morther of '. 1. If ' had no will and the land is the onl% propert% in his estate. what is reser(ed1 4he whole land. ,ote+ 17" to R as legitime 17" to R *% intestac%. ". If with a will that said 5I gi(e the free portion to m% mother.5 what is reser(ed1 -nehalf (17") of the land. ,ote+ 17" to R as legitime 17" to R *% will 0hat is reser(ed is what R recei(ed as legitime (transferred *% operation of law.) &. If ' acquired another piece of land worth '1DD.DDD *efore he died and he did not ha(e a will. what is reser(ed1 4he land from MS is reser(ed. ). Same as num*er &. *ut this time ' died w7 a will stating 5I gi(e the free portion to m% mother.5 0hat is reser(ed1 ,ote+ 17" to R as legitime N '1DD.DDD 17" to R *% will N '1DD.DDD /and from MS -- can *e reser(ed /and su*sequentl% acquired -- cannot *e reser(ed. 4wo theories+ a. Reser#a ma.ima (ma$imum operation of reser#a troncal) -- fit as
'A<# C?

much of reser(a*le propert% as %ou can in the 17" *% legitime. In the e$ample. the whole land from MS is reser(a*le. *. Reser#a minima (followed *% most commentators) -- #(er% item will pass according to ratios of the properties. In the e$ample. 17" will pass as legitime and 17" *% will for *oth pieces of land N 17" of land from MS is reser(a*le. ?. If the land from MS is 1DD.DDD and the land su*sequentl% acquired is @D.DDD. and ' died w7o a will. what is reser(ed1 ,ote+ 17" as legitime N CD.DDD 17" *% intestac% N CD.DDD a. Reser#a -a.ima - C71D of land from MS is reser(a*le *. Reser#a -inima - 17" of the land from MS is reser(a*le @. Same as num*er @ *ut ' had a will stating 5I *equeath 17) of m% estate to m% mother.5 0hat is reser(ed1 ,ote+ 17" as legitime N CD.DDDM 17) *% intestac% N )D.DDD 17) *% will N )D.DDD &7) *% ope7 ration of law
a. Reser#a ma.ima -- 0hole land from MS is reser(a*le *. Reser#a minima -- &7) of land from MS is reser(a*le /oo6 at how much passes *% operation of law. 4his arises onl% if+ 1. ' dies lea(ing propert% he got from MS *% gratuitous title and other propert% from other sources. ". ' made a will instituting the reser#ista to part of the estate. HI. RI<84S A, -2/I<A4I-,S -9 48# 'AR4I#S. Rights of Reser#atorio 1. 4o demand in(entor% and appraisal ". 4o demand annotation of reser(a*le character of the prop. &. 4o demand securit%7 *ond -*ligations of Reser#ista 1. 4o in(entor% and appraise ". 4o annotate reser(a*le character of proper. w7in ED da%s &. 4o gi(e scurit%7 *ond
Suma%a (. IA3 -- It is =urisprudence onl% that states that there is an o*ligation to annotate. 4he other rights e$ist *% analog% from the -ld 3ode wherein similar rights e$isted for reser#a #iudal. HIII. #$tinguishment 1. eath of reser#ista -- ,o more reser#a troncal. 4he reser#atorios get the propert%. If there are no reser#atorios. the prop. shall form part of the estate of the reser#ista. It is a 6ind of
'A<# C@

dela%ed succession (F2/ Re%es) from the prepositus. 3ano (. irector -- 4he reser(ed prop. does not form part of the reser#ista's estate if there are reser#atorios ". eath of all the reser#atorios -- Reser#ista's title to the prop. *ecomes a*solute and unconditional. &. 9ortuitous loss of the reser(ed prop. If the loss was due to the fault of the reser#ista. the securit% will answer for the propert%. ). 0ai(er *% all the reser#atorios pro(ided no reser(atorio is su*sequentl% *orn -- 4his is a tentati(e e$tinguishment *ec. those su*sequentl% *orn cannot *e *ound *% the wai(er. A wai(er is personal. ?. Registration of the prop. under the 4orrens s%stem *% an innocent purchaser for (alue wherein the reser(a*le character of the prop. is not annotated on the title -- not reall% an e$tinguishment *ut more of a freeing of the prop. 4he reser#ista. howe(er. is lia*le for the (alue of the prop. plus damages. @. #$tincti(e prescription -- reser#ista ad(ersel% occupies the prop. or openl% denies the reser#a. A. Merger -- Reser#ista can alienate -- *ut must *e to all the reser#atorios or if onl% to one. then merger ta6es place onl% w7 regard to that share. In settlement proceedings of the estate of the reser#ista, reser#atorios ma% enter a claim to e$clude the prop. from the in(entor%. Reser#atorios can also file an accion rei#indicatoria. 8owe(er. this is usuall% consolidated w7 the settlement proceedings.
Art. 'D>. )%e testator cannot de"rive %is co!"u sory %eirs of t%eir egiti!e; e?ce"t in cases e?"ress y s"ecified by a$. Neit%er can %e i!"ose u"on t%e sa!e any burden; encu!brance; condition; or substitution of any Eind $%atsoever. 2alane+ 'ar. 1.-- 4he testator cannot depri(e his compulsor% heirs of their legitime. -therwise. he will preterit them or disinherit them ineffecti(el%. 'ar. ".-- See Art. C@) and CA". 4he principle is that the testator has no power o(er the legitime #$ceptions+ a. Art. "&C.-- 9amil% home-- 4en (1D) %ears. *. Art. 1DCD.-- 'artition inter #i#os of will c. Art. 1DC&.-- Indi(ision for "D %ears d. Art. CE1.-- Reser#a troncal.
'A<# CA

Art. 'DA. Every renunciation or co!"ro!ise as regards a future egiti!e bet$een t%e "erson o$ing it and %is co!"u sory %eirs is void; and t%e atter !ay c ai! t%e sa!e u"on t%e deat% of t%e for!er9 but t%ey !ust bring to co ation $%atever t%ey !ay %ave received by virtue of t%e renunciation or co!"ro!ise. 2alane+ 4his is the prodigal son pro(ision. 1. Mone% recei(ed *% the compulsor% heir (is) considered as ad(ance on his legitime. Art. ED? prohi*its an% contract or agreement *etween the predecessor and the successor. #(en if there is an agreement. the same is not *inding and the heir can still get his legitime minus the ad(ance. ". If the agreement is *etween the heir and his *rother that he will wai(e his legitime in fa(or of his *rother. can he later claim his legitime after their father;s death1 ,o. 4he agreement is (oid under Art. 1&)A that 5,o contract ma% *e entered into upon future inheritance e$cept in cases e$pressl% authoriBed *% law.5 4wo (iews+ a. 4olentino.-- 4he heir should return mone% to his *rother as a matter of equit%. 4his is not a case of collation *ec. the mone% was not recei(ed from the decedent. *. o not return the mone% *ec. the% are in pari delicto. 4he% should *e left as the% are. 4he reason is that the right of the compulsor% heirs is onl% inchoate. the same principle applied in Art. AAA.
Art. 'D(. Any co!"u sory %eir to $%o! t%e testator %as eft any tit e ess t%an t%e egiti!e be onging to %i! !ay de!and t%at t%e sa!e be fu y satisfied. 2alane+ 52% an% title5 means *% gratuitous title. (It also co(ers) donation inter #i#os which are considered ad(ances on the legitime. Relate this pro(ision to Articles EDE and E1D. Relate his also to Art. 1D@" where the testator e$presses otherwise for purposes of collation onl% and not preterition. Art. 'D7. )esta!entary dis"ositions t%at i!"air or di!inis% t%e egiti!e of t%e co!"u sory %eirs s%a be reduced on "etition of t%e sa!e; insofar as t%ey !ay be inofficious or e?cessive. 2alane+ Relate this pro(ision to Art. 1D11. Art. 'DC. )o deter!ine t%e egiti!e; t%e va ue of t%e "ro"erty eft at t%e deat% of t%e testator s%a be considered; deducting a debts and c%arges; $%ic% s%a not inc ude t%ose i!"osed in t%e $i . )o t%e net va ue of t%e %ereditary estate; s%a be added t%e va ue of a donations by t%e testator t%at are sub6ect to co ation; at t%e ti!e %e !ade t%e!.
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2alane+ 8ow to compute the net estate+ 1. In(entor% all gross assets. ". educt unpaid de*ts from the gross assets since the de*ts of the decedent are to *e paid *% his estate. <ross assets - e*ts N A(aila*le assets. &. Add donations inter #i#os made *% the decedent to an%one. 4he (alue of the donated propert% is to *e ascertained at the time the donation was made. An% change in the (alue is for the account of the donee-owner. A(aila*le assets O onations N ,et 8ereditar% #state. L 4he *asis for computing the legitime <ross Assets -utstanding de*ts A(aila*le assets onation to eldest son KEE1 stoc6 to *rother onation to daughter ,et #state If there are & children - legitime N Spouse - legitime N ?DD.DDD. '".?DD.DDD ?DD.DDD ".DDD.DDD O &DD.DDD O ?DD.DDD O "DD.DDD '&.DDD.DDD 1.?DD.DDD ?DD.DDD each.
Art. 'D'. *onations given to c%i dren s%a be c%arged to t%eir egiti!e. *onations !ade to strangers s%a be c%arged to t%at "art of t%e estate of $%ic% t%e testator cou d %ave dis"osed by %is ast $i . Insofar as t%ey !ay be inofficious or !ay e?ceed t%e dis"osab e "ortion; t%ey s%a be reduced according to t%e ru es estab is%ed by t%is Code.
Art. '&D. *onations $%ic% an i egiti!ate c%i dI !ay %ave received during t%e ifeti!e of %is fat%er or !ot%er; s%a be c%arged to %is egiti!e. S%ou d t%ey e?ceed t%e "ortion t%at can be free y dis"osed of; t%ey s%a be reduced in t%e !anner "rescribed by t%is Code. 2alane+ Articles EDE and E1D are ta6en together. A. 1. onation to child. whether legitimate or illegitimate onation to parents or ascendants (Art. 1D@".)
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<eneral rule+ 3harged to the legitime #$ception+ If the testator pro(ides otherwise. (Art. 1D@".) ". onation to spouse <eneral rule+ ,ot allowed. #$ception+ <ifts of moderate (alue! treat the same as a donation to a compulsor% heir. &. onation to a stranger -- charged to the free portion.
2. 3ollation (Art. 1D@1.) 1. 4hree senses a. 3omputation.-- Art. EDC. par. " *. Imputation.-- Articles EDE and E1D. c. Reduction7 return.-- Articles E11 to E1&. ". #$ample. G ---------------L L L + A 2 3 <ross #state /ess+ e*ts A(aila*le assets Add+ onations+ 1ECA to A 1ECE to M 1EE1 to ,et 8ereditar% #state /egtimes + onation Ad(ance on /egitime 1?.DDD D D )D.DDD + AD.DDD &?.DDD &?.DDD 1?.DDD &D.DDD )D.DDD 1"D.DDD /ac6 _______
A 2 3
"D.DDD "D.DDD "D.DDD 1D.DDD
?.DDD "D.DDD "D.DDD (&D.DDD)
')?.DDD is needed to compl% w7 the legitime *ut (we) onl% ha(e &?.DDD a(aila*le assets. So we need 1D.DDD. Reduce the donations. a. *. c. onation to 2 is considered as donation to a stranger as far as the &D.DDD is concerned onation to M is a donation to a stranger onation to A is not su*=ect to reduction
'A<# ED

4he first to *ear the reduction is the donation to . so deduct 1D.DDD from him A N "D.DDD 2 N "D.DDD 3 N "D.DDD N &D.DDD M N &D.DDD
Art. '&&. After t%e egiti!e %as been deter!ined in accordance $it% t%e t%ree "receding artic es; t%e reduction s%a be !ade as fo o$s: .&/ *onations s%a be res"ected as ong as t%e egiti!e can be covered; reducing or annu ing; if necessary; t%e devise or egacies !ade in t%e $i 9 .:/ )%e reduction of t%e devises or egacies s%a be pro rata; $it%out any distinction $%atever. If t%e testator %as directed t%at a certain devise or egacy be "aid in "reference to ot%ers; it s%a not suffer any reduction unti t%e atter %ave been a"" ied in fu to t%e "ay!ent of t%e egiti!e. .8/ If t%e devise or egacy consists of a usufruct or ife annuity; $%ose va ue !ay be considered greater t%an t%at of t%e dis"osab e "ortion; t%e co!"u sory %eirs !ay c%oose bet$een co!" ying $it% t%e testa!entary "rovision and de ivering to t%e devisee or egatee t%e "art of t%e in%eritance of $%ic% t%e testator cou d free y dis"ose. 2alane+ -rder of reduction 1. /egacies and de(ises. (Art. EDA.) <eneral rule+ 'ro-rata. #$ception+ 'referred ones as stated *% the testator will *e the last to *e reduced among the de(ises and legacies if still needed. ". Reduce donations to strangers. Rule+ Most recent donation to *e reduced first (earlier donations are preferred.) See Art. AA&. ,33. ,ote+ 1 and " will *e reduced e(en up to D as long as needed. &. Reduce the share of illegitimate children.
Art. 'AD. If t%e estate s%ou d not be sufficient to cover a t%e egacies or devises; t%eir "ay!ent s%a be !ade in t%e fo o$ing order: .&/ Re!uneratory egacies or devises9 .:/ Legacies or devises dec ared by t%e testator to be "referentia 9 .8/ Legacies for su""ort9 .>/ Legacies for education9
'A<# E1

3ompiled and #dited *% RAM .A/ Legacies or devises of a s"ecific; deter!inate t%ing $%ic% for!s "art of t%e estate9 .(/ A ot%ers "ro rata.
Art. '&:. If t%e devise sub6ect to reduction s%ou d consist of rea "ro"erty; $%ic% cannot be convenient y divided; it s%a go to t%e devisee if t%e reduction does not absorb one+%a f of its va ue9 and in a contrary case; to t%e co!"u sory %eirs9 but t%e for!er and t%e atter s%a rei!burse eac% ot%er in cas% for $%at res"ective y be ongs to t%e!. )%e devisee $%o is entit ed to a egiti!e !ay retain t%e entire "ro"erty; "rovided its va ue does not e?ceed t%at of t%e dis"osab e "ortion and of t%e s%are "ertaining to %i! as egiti!e. Art. '&8. If t%e %eirs or devisees do not c%oose to avai t%e!se ves of t%e rig%t granted by t%e "receding artic e; any %eir or devisee $%o did not %ave suc% rig%t !ay e?ercise it9 s%ou d t%e atter not !aEe use of it; t%e "ro"erty s%a be so d at "ub ic auction at t%e instance of any one of t%e interested "arties. Art. '&>. )%e testator !ay devise and be,ueat% t%e free "ortion as %e !ay dee! fit. Section (.++ $isinheritance. 2alane+ A compulsor% heir cannot depri(e his compulsor% heir of his legitime unless e$pressl% pro(ided *% law. 4he law e$pressl% pro(ides onl% one wa%. (alid disinheritance. Requisites+ 1. Made in a (alid will. (Art. E1@.) ". Identit% of the heir is clearl% esta*lished &. 9or a legal cause. (Articles E1E to E"1.) ). #$pressl% made ?. 3ause stated in the will. @. A*solute or unconditional (not 5if he doesn;t apologiBe.5) A. 4otal C. 3ause must *e true and if challenged *% the heir. it must *e pro(ed to *e true (proponent of disinheritance has the *urden of proof.)
Art. '&A. A co!"u sory %eir !ay; in conse,uence of disin%eritance; be de"rived of %is egiti!e; for causes e?"ress y stated by a$. Art. '&(. *isin%eritance can be effected on y t%roug% a $i $%erein t%e ega cause t%erefor s%a be s"ecified. Art. '&7. )%e burden of "roving t%e trut% of t%e cause for disin%eritance s%a rest u"on t%e ot%er %eirs of t%e testator; if t%e disin%erited %eir s%ou d deny it.
'A<# E"

Art. '&C. *isin%eritance $it%out a s"ecification of t%e cause; or for a cause t%e trut% of $%ic%; if contradicted; is not "roved; or $%ic% is not one of t%ose set fort% in t%is Code; s%a annu t%e institution of %eirs insofar as it !ay "re6udice t%e "erson disin%erited9 but t%e devises and egacies and ot%er testa!entary dis"ositions s%a be va id to suc% e?tent as $i not i!"air t%e egiti!e. Art. '&'. )%e fo o$ing s%a be sufficient causes for t%e disin%eritance of c%i dren and descendants; egiti!ate as $e as i egiti!ate: .&/ 2%en a c%i d or descendant %as been found gui ty of an atte!"t against t%e ife of t%e testator; %is or %er s"ouse; descendants; or ascendants9 .:/ 2%en a c%i d or descendant %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore; if t%e accusation %as been found ground ess9 .8/ 2%en a c%i d or descendant %as been convicted of adu tery or concubinage $it% t%e s"ouse of t%e testator9 .>/ 2%en a c%i d or descendant by fraud; vio ence; inti!idation; or undue inf uence causes t%e testator to !aEe a $i or to c%ange one a ready !ade9 .A/ A refusa $it%out 6ustifiab e cause to su""ort t%e "arent or ascendant $%o disin%erits suc% c%i d or descendant9 .(/ #a treat!ent of t%e testator by $ord or deed; by t%e c%i d or descendants9 .7/ 2%en a c%i d or descendant eads a dis%onorab e or disgracefu ife9 .C/ Conviction of a cri!e $%ic% carries $it% it t%e "ena ty of civi interdiction. 2alane+ 4his is an e$clusi(e list and not illustrati(e. <rounds+ 1. Attempt against the life. etc.-- 9inal con(iction is necessar%. 5Attempt5 is a generic term which includes all 6inds of commission. whether frustrated or consummated. Intent to 6ill must *e present. ". Accusation. #lements+ a. Accusation is a generic term which includes+ (i) filing of an information! (ii) presenting incriminating e(idence! (iii) acting as a witness against the ascendant. *. Imprisonment of more than si$ (@) %ears c. Accusation is groundless.-- Ascendant is acquitted on the finding that+ (i) there is no crime! or (ii) that the ascendant did not commit it. If the ascendant was acquitted on reasona*le dou*t. the ascendant cannot disinherit *ecause the accusation is not groundless. &. Adulter% and concu*inage.-- 4his needs con(iction. remarries someone %oung and %ou ha(e an affair with that person. #.g.. 0hen %our parent
). 9raud. (iolence. intimidation or undue influence as regards the will.-- 4his goes into the (er% essence of will-ma6ing-- the freedom depri(ed *% the child or descendant. It does not mention pre(ent *ecause if he was pre(ented. how can he ma6e a will of disinheritance1 're(ention is a ground for unworthiness (Art. 1D&". par. A) which has the same effect as disinheritance.
'A<# E&

?. Refusal to support without =ustifia*le cause.-- Refusal. itself. is not a ground! it must *e un=ustified. #.g.. In the 93. there is an order of preference for support. 4he person ma% *e willing to support *ut it is not economicall% feasi*le. A person must support his wife and children first. 4here is here a =ustified refusal. @. Maltreatment.-- ,o con(iction is required as compared to num*er 1 wherein con(iction is needed. 4his ma% *e pro(en *% preponderance of e(idence. It is possi*le for an act not to fall in num*er 1 *ut to fall in num*er @. #.g.. 4he son shoots his father. 4he father is wounded *ut he reco(ers. 4he father does not want a scandal so he does not file charges against his son. So. he disinherits his son not under num*er 1 *ut under no. @. A. /eads a dishonora*le life.-- 4his is a catch-all pro(ision. 5/eads5 denotes ha*itualit%. ishonora*le and disgraceful are *ased on the sense of the communit% as percei(ed *% the =udge. It is not limited to se$ual immoralit%. #.g.. drug addict. alcoholic. E. 3i(il Interdiction.-- 3on(iction is required. Accessor% penalt% that goes w7 the principal penalt% of reclusion temporal and up. ,otes+ 3on(iction is required in num*ers 1. & and E. Art. ':D. )%e fo o$ing s%a be sufficient causes for t%e disin%eritance of "arents or ascendants; $%et%er egiti!ate or i egiti!ate: .&/ 2%en t%e "arents %ave abandoned t%eir c%i dren or induced t%eir daug%ters to ive a corru"t or i!!ora ife; or atte!"ted against t%eir virtue9 .:/ 2%en t%e "arent or ascendant %as been convicted of an atte!"t against t%e ife of t%e testator; %is or %er s"ouse; descendants; or ascendants9 .8/ 2%en t%e "arent or ascendant %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore; if t%e accusation %as been found to be fa se9 .>/ 2%en t%e "arent or ascendant %as been convicted of adu tery or concubinage $it% t%e s"ouse of t%e testator9 .A/ 2%en t%e "arent or ascendant by fraud; vio ence; inti!idation; or undue inf uence causes t%e testator to !aEe a $i or to c%ange one a ready !ade9 .(/ )%e oss of "arenta aut%ority for causes s"ecified in t%is Code9 .7/ )%e refusa to su""ort t%e c%i dren or descendants $it%out 6ustifiab e cause9 .C/ An atte!"t by one of t%e "arents against t%e ife of t%e ot%er; un ess t%ere %as been a reconci iation bet$een t%e!. 2alane+ ,um*ers ". ? and A are the same as the grounds in Art. E1E. <rounds+ 1. #numerates & grounds+ a. A*andonment *% parent of his children.-- In a*andonment. there are two (") (iews+ 1. Strict.-- /ea(ing them alone while still children under circumstances that would endanger them. ". Accepted.-- An% case where a parent. without =ustifia*le cause. withholds his care. #.g.. /ea(ing someone at the doorstep.
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*. Induced their daughter to li(e a corrupt or immoral life.-oes it include grandparents to granddaughters1 >es. 4he pro(ision co(ers ascendant;s (is-U-(is descendants. c. Attempt against their (irtues.-- Mere attempt is enough as long as it can *e pro(en. ,ote+ In all & cases. con(iction is not required. @. /oss of parental authorit%.-- 93 does not include all causes of loss of parental authorit%. #$ception+ Adoption. age of ma=orit%. 4he grounds refer to those which in(ol(e the same moral culpa*ilit%. #$ception+ Articles ""E. par. ). "&D and "&1 of 93. C. Attempt *% a parent against the other.-- 4his does not need con(iction. #$ception+ 0hen the% reconcile. 4his presupposes that there is no disinheritance %et. /osses right to disinherit upon reconciliation. 2ut what if alread% disinherited *efore reconciliation1 4his is not clear. 2ut it should *e considered re(o6ed *ec. in case of dou*t. resol(e against disinheritance. Art. ':&. )%e fo o$ing s%a be sufficient causes for disin%eriting a s"ouse: .&/ 2%en t%e s"ouse %as been convicted of an atte!"t against t%e ife of t%e testator; %is or %er descendants; or ascendants9 .:/ 2%en t%e s"ouse %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore; and t%e accusation %as been found to be fa se9 .8/ 2%en t%e s"ouse by fraud; vio ence; inti!idation; or undue inf uence causes t%e testator to !aEe a $i or to c%ange one a ready !ade9 .>/ 2%en t%e s"ouse %as given cause for ega se"aration9 .A/ 2%en t%e s"ouse %as given grounds for t%e oss of "arenta aut%ority9 .(/ Un6ustifiab e refusa to su""ort t%e c%i dren or t%e ot%er s"ouse. 2alane+ Similar grounds found in Articles E1E and E"D. 1. 2oth. ". 2oth. &. 2oth. ?. Art. E"D onl%. @. 2oth. 4he onl% new ground is num*er )+ /egal separation is not a ground. If there is legal separation. %ou do not need to disinherit. isinheritance ta6es place *% operation of law. As long as there is cause for legal separation. %ou can disinherit pro(ided %ou are the offended spouse. Art. '::. A subse,uent reconci iation bet$een t%e offender and t%e offended "erson de"rives t%e atter of t%e rig%t to disin%erit; and renders ineffectua any disin%eritance t%at !ay %ave been !ade. 2alane+ 1. Reconciliation.-- 4wo persons who are at odds decide to set aside their differences
'A<# E?

and to resume their relations. 4he% need not go *ac6 to their old relation. A handsha6e is not reconciliation. It has to *e something more. It must *e clear and deli*erate. ". 0hat is the effect of reconciliation1 a. If there is no will.-- It depri(es the offended person of his right to disinherit the offending person. *. If alread% disinherited.-- It sets aside disinheritance alread% made. &. 4his is inconsistent with Art. 1D&&. In disinheritance. reconciliation is sufficient. It need not *e in writing. In unworthiness. howe(er. it needs to *e in writing. 4his is inconsistent *ec. when %ou are dealing w7 the e$press will to disinherit. reconciliation is enough when %ou are dealing w7 the presumed will. it must *e in writing. Art. ':8. )%e c%i dren and descendants of t%e "erson disin%erited s%a taEe %is or %er " ace and s%a "reserve t%e rig%ts of co!"u sory %eirs $it% res"ect to t%e egiti!e9 but t%e disin%erited "arent s%a not %ave t%e usufruct or ad!inistration of t%e "ro"erty $%ic% constitutes t%e egiti!e. 2alane+ Representation in case of disinheritance+ 1. #ffect of disinheritance is not e$plicitl% pro(ided for. 4he total e$clusion N loss of legitime. right to intestate succession. and of an% disposition in a prior will. ". 54a6es place onl% in legitime.5-- 4he law assumes that free portion has *een gi(en awa%. If not. include the intestate portion. &. Representation.-- (4his is applica*le onl%) if (the) person disinherited is a child or descendant. Includes *oth legitime and intestate share of the disinherited heir. G ---------L
L A 2 -------K K a1
a"
a. G made a will gi(ing >. a friend. 17" of his estate. 4his co(ered the free portion. G (alidl% disinherited A. 3an a1 and a" represent A1 >es. 3hildren of A can represent him as to the legitime onl% *ec. the free portion has *een gi(en to 2. *. G (alidl% disinherits A. G did not dispose of his free portion. 8ow much will the children of A inherit from G1 4he% will inherit A;s share in the legitime and in the free portion. 17) -- legitime 17) -- free portion. 4he representati(e of the disinherited person will recei(e *oth the legitime and the free portion which might ha(e accrued to the person disinherited if he had not *een disinherited.
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Section 7.++ Legacies and $evises. 2alane+ efinition in Art. AC" is not a good definition. 1. 3astan.-- 5A legac% or a de(ise is a gratuitous grant in a will of a specific personal or real propert%.5 ". a. In a de(ise or legac%. 5a person succeeds *% particular title.5 to a specific propert%. *. 8eir is 5a person who succeeds *% uni(ersal title.5 to a fractional part of the estate. Art. ':>. A t%ings and rig%ts $%ic% are $it%in t%e co!!erce of !an !ay be be,ueat%ed or devised. 2alane+ 0hat can *e *equeathed or de(ised1 An%thing w7in the commerce of man or w7c is aliena*le. Art. ':A. A testator !ay c%arge $it% egacies and devises not on y %is co!"u sory %eirs but a so egatees and devisees. )%e atter s%a be iab e for t%e c%arge on y to t%e e?tent of t%e va ue of t%e egacy of t%e devise received by t%e!. )%e co!"u sory %eirs s%a not be iab e for t%e c%arge beyond t%e a!ount of t%e free "ortion given t%e!. 2alane+ 4his pro(ision gi(es a misimpression. <eneral rule+ /egac% or de(ise is an o*ligation of the estate unless it impairs the legitimes. #$ception+ If the o*ligation is imposed *% the testator on a testamentar% heir. de(isee or legatee. 4he o*ligation *ecomes a su*-de(ise or su*-legac% N mode imposed on the heir. de(isee or legatee. #.g.. 5I gi(e A 17) of m% estate *ut I impose upon him the o*ligation to gi(e 2 a car.5 If A wants to accept the 17). he will ha(e to gi(e a car to 2. Art. ':(. 2%en t%e testator c%arges one of t%e %eirs $it% a egacy or devise; %e a one s%a be bound. S%ou d %e not c%arge anyone in "articu ar; a s%a be iab e in t%e sa!e "ro"ortion in $%ic% t%ey !ay in%erit. Art. ':7. If t$o or !ore %eirs taEe "ossession of t%e estate; t%ey s%a be so idari y iab e for t%e oss or destruction of a t%ing devised or be,ueat%ed; even t%oug% on y one of t%e! s%ou d %ave been neg igent. Art. ':C. )%e %eir $%o is bound to de iver t%e egacy or devise s%a be iab e in case of eviction; if t%e t%ing is indeter!inate and is indicated on y by its Eind.
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2alane+ (4his is a) *ad wa% to put it. As in Art. E"?. it is not the heir. de(isee or legatee who is lia*le *ut the estate unless su*-legac% is imposed. #.g.. 5I gi(e a fishpond to G.5 4he fishpond was gi(en to G. If a third person then puts a claim on the fishpond and succeeds in ta6ing possession of the fishpond *% winning the suit. then as a general rule. the estate is lia*le unless it is a su*-de(ise or su*-legatee. in w7c case the de(isee or legatee is lia*le. Art. ':'. If t%e testator; %eir; or egatee o$ns on y a "art of; or an interest in t%e t%ing be,ueat%ed; t%e egacy or devise s%a be understood i!ited to suc% "art or interest; un ess t%e testator e?"ress y dec ares t%at %e gives t%e t%ing in its entirety. 2alane+ 4he propert% gi(en is owned onl% in part *% the testator. <eneral rule+ If the testator owns onl% a part. the de(isee or legatee will onl% get that part. #$ceptions+ (1) 4estator gi(es more.-- #.g.. <i(ing it in it;s entiret%. 8ow1 4he estate should *u% out the rest of the propert%. If co-owners don;t li6e to sell. then the estate gi(es him the testator;s share plus the cash (alue of the rest of the propert%. (") 4estator gi(es less.-- Art. AE). Art. '8D. )%e egacy or devise of a t%ing be onging to anot%er "erson is void; if t%e testator erroneous y be ieved t%at t%e t%ing "ertained to %i!. But if t%e t%ing be,ueat%ed; t%oug% not be onging to t%e testator $%en %e !ade t%e $i ; after$ards beco!es %is; by $%atever tit e; t%e dis"osition s%a taEe effect. Art. '8&. If t%e testator orders t%at a t%ing be onging to anot%er be ac,uired in order t%at it be given to a egatee or devisee; t%e %eir u"on $%o! t%e ob igation is i!"osed or t%e estate !ust ac,uire it and give t%e sa!e to t%e egatee or devisee9 but if t%e o$ner of t%e t%ing refuses to a ienate t%e sa!e; or de!ands an e?cessive "rice t%erefor; t%e %eir or t%e estate s%a on y be ob iged to give t%e 6ust va ue of t%e t%ing. 2alane+ Articles E&D and E&1. Art. E&D.-- <eneral rule+ A legac% or de(ise of a thing *elonging to someone else when the testator thought that he owned it is a (oid legac% or de(ise *ec. it is (itiated *% mista6e. #$ception+ If the testator acquires it after ma6ing his will. Art. E&1.-- If the thing gi(en as de(ise or legac% is not owned *% the testator at the time he made the will *ut he orders his estate to acquire it. it is a (alid legac% or de(ise. 4he testator 6new that he did not own it. 4here is no mista6e. Middle ground.-- Supposing+ a. 4he testator 6new that he did not own it.-- Art. E&D does not appl%. *. 4estator does not order his estate to purchase it.-- Art. E&1 does not appl%. 0hat is the status of that legac% or de(ise1 According to 4olentino. when the testator ga(e the legac% or de(ise 6nowing that it is not his. there is an implied order to the estate to
'A<# EC

acquire it. Appl% Art. E&1 *% analog%. At the (er% least. there is a dou*t and dou*ts are resol(ed in fa(or of (alidit%. Art. '8:. )%e egacy or devise of a t%ing $%ic% at t%e ti!e of t%e e?ecution of t%e $i a ready be onged to t%e egatee or devisee s%a be ineffective; even t%oug% anot%er "erson !ay %ave interest t%erein. If t%e testator e?"ress y orders t%at t%e t%ing be freed fro! suc% interest or encu!brance; t%e egacy or devise s%a be va id to t%at e?tent. 2alane+ /egac% of a thing alread% *elonging to the legatee or de(isee. Art. '88. If t%e t%ing be,ueat%ed be onged to t%e egatee or devisee at t%e ti!e of t%e e?ecution of t%e $i ; t%e egacy or devise s%a be $it%out effect; even t%oug% it !ay %ave been subse,uent y a ienated by %i!. If t%e egatee or devisee ac,uires it gratuitous y after suc% ti!e; %e can c ai! not%ing by virtue of t%e egacy or devise9 but if it %as been ac,uired by onerous tit e %e can de!and rei!burse!ent fro! t%e %eir or t%e estate. 2alane+ 4his is the same situation as in Art. E&". 'ar. 1.-- 4he legac% or de(ise is ineffecti(e e(en if the legatee or de(isee alienates the thing after the will is made. 'ar. ".-- If at the time the legac% or de(ise is made. the thing did not *elong to the legatee or de(isee *ut later on he acquires it. then+ a. If he acquired it *% gratuitous title. then the legac% or de(ise is (oid *ec. the purpose of the testator that the propert% go to the de(isee or legatee has alread% *een accomplished with no e$pense to the legatee or de(isee. *. If he acquired it *% onerous title. then the legac% or de(ise is (alid and the estate ma% *e required to reim*urse the amount. Art. '8>. If t%e testator s%ou d be,ueat% or devise so!et%ing " edged or !ortgaged to secure a recoverab e debt before t%e e?ecution of t%e $i ; t%e estate is ob iged to "ay t%e debt; un ess t%e contrary intention a""ears. )%e sa!e ru e a"" ies $%en t%e t%ing is " edge or !ortgaged after t%e e?ecution of t%e $i . Any ot%er c%arge; "er"etua or te!"orary; $it% $%ic% t%e t%ing be,ueat%ed is burdened; "asses $it% it to t%e egatee or devisee. 2alane+ 'ar. 1.-- 4he purpose of the pa%ment of de*t is so that the legatee or de(isee will get it free from encum*rance. <eneral rule+ 'ledge7 mortgage must *e paid *% the estate. #$ception+ If the testator pro(ides otherwise. 'ar. &.-- #.g.. #asement. usufruct. Art. '8A. )%e egacy of a credit against a t%ird "erson or of t%e re!ission or re ease of a debt of t%e egatee s%a be effective on y as regards t%at "art of t%e credit or debt e?isting at t%e ti!e of t%e deat% of t%e testator.
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In t%e first case; t%e estate s%a co!" y $it% t%e egacy by assigning to t%e egatee a rig%ts of action it !ay %ave against t%e debtor. In t%e second case; by giving t%e egatee an ac,uittance; s%ou d %e re,uest one. In bot% cases; t%e egacy s%a co!"rise a interests on t%e credit or debt $%ic% !ay be due t%e testator at t%e ti!e of %is deat%. Art. '8(. )%e egacy referred to in t%e "receding artic e s%a a"se if t%e testator; after %aving !ade it; s%ou d bring an action against t%e debtor for t%e "ay!ent of %is debt; even if suc% "ay!ent s%ou d not %ave been effected at t%e ti!e of %is deat%. )%e egacy to t%e debtor of t%e t%ing " edged by %i! is understood to disc%arge on y t%e rig%t of " edge. 2alane+ 4he legac% to the de*tor of the thing pledged *% him is understood to discharge onl% the right of pledge. Art. '87. A generic egacy of re ease or re!ission of debts co!"rises t%ose e?isting at t%e ti!e of t%e e?ecution of t%e $i ; but not subse,uent ones. 2alane+ /egac% of credit or remission. Articles E&? to E&A. A. efinitions. 1. /egac% of credit.-- ta6es place when the testator *equeaths to another a credit against a third person. In effect. it is a no#ation of the credit *% the su*rogation of the legatee in the place of the original creditor. #.g.. 5I gi(e to A all the de*ts 2 owes me.5 ". /egac% of remission.-- a testamentar% disposition of a de*t in fa(or of the de*tor. 4he legac% is (alid onl% to the e$tent of the amount of the credit e$isting at the time of the testator;s death. In effect. the de*t is e$tinguished. #.g.. 5I gi(e to A as legac% his de*t to me.5 2. Rules applica*le. 1. Art. E&?.-- /egac% applies onl% to the amounts outstanding at the time of the testator;s death. #.g.. A owes 2 '1.DDD. 2 ma6es a will gi(ing as legac% to A the de*t of A. After the will is made. A pa%s 2 ?DD. 8ow much is the legac%1 '?DD. ". Art. E&@.-- 4he legac% is re(o6ed if the testator files an action (=udicial suit) against the de*tor. #.g.. A *equeaths the credit he has against 2 to 2. After ma6ing the will. A sues 2 for collection. A dies while the suit is pending. oes 2 ha(e a right to the credit1 ,o. 4he filing of the action re(o6ed the legac%. &. Art. E&A.-- It applies onl% to credits e$isting at the time the will was made. and not to su*sequent credits. #.g.. 5I gi(e to A all the credits I ha(e against 2.5 0hen the will was made. 2 had & de*ts. After the will was made. 2 incurs " more de*ts. 0hich ones can A claim1 <eneral rule+ -nl% the first &. #$ception+ 0hen the testator pro(ides otherwise. Art. '8C. A egacy or devise !ade to a creditor s%a not be a"" ied to %is credit; un ess t%e testator so e?"ress y dec ares. In t%e atter case; t%e creditor s%a %ave t%e rig%t to co ect t%e e?cess; if any; of t%e
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credit or of t%e egacy or devise. 2alane+ <eneral rule+ /egac% or de(ise is not considered pa%ment of a de*t. 0h%1 2ec. if it is. then it would *e a useless legac% or de(ise since it will reall% *e paid. #$ception+ If the testator pro(ides otherwise. Art. '8'. If t%e testator orders t%e "ay!ent of $%at %e be ieves %e o$es but does not in fact o$e; t%e dis"osition s%a be considered as not $ritten. If as regards a s"ecified debt !ore t%an t%e a!ount t%ereof is ordered "aid; t%e e?cess is not due; un ess a contrary intention a""ears. )%e foregoing "rovisions are $it%out "re6udice to t%e fu fi !ent of natura ob igations. Art. '>D. In a ternative egacies or devises; t%e c%oice is "resu!ed to be eft to t%e %eir u"on $%o! t%e ob igation to give t%e egacy or devise !ay be i!"osed; or t%e e?ecutor or ad!inistrator of t%e estate if no "articu ar %eir is so ob iged. If t%e %eir; egatee or devisee; $%o !ay %ave been given t%e c%oice; dies before !aEing it; t%is rig%t s%a "ass to t%e res"ective %eirs. Once !ade; t%e c%oice is irrevocab e. In a ternative egacies or devises; e?ce"t as %erein "rovided; t%e "rovisions of t%is Code regu ating ob igations of t%e sa!e Eind s%a be observed; save suc% !odifications as !ay a""ear fro! t%e intention e?"ressed by t%e testator. 2alane+ 5heir upon whom the o*ligation to gi(e the legac% or de(ise ma% *e imposed.5 (4his is) not necessar%. /oo6 at the general rule and the e$ception in Art. E"?. 4he same rules as in alternati(e o*ligations appl%. See Articles 11EE to 1"D@. Art. '>&. A egacy of generic "ersona "ro"erty s%a be va id if t%ere be no t%ings of t%e sa!e Eind in t%e estate. A devise of indeter!inate rea "ro"erty s%a be va id on y if t%ere be i!!ovab e "ro"erty of its Eind in t%e estate. )%e rig%t of c%oice s%a be ong to t%e e?ecutor or ad!inistrator $%o s%a co!" y $it% t%e egacy by t%e de ivery of a t%ing $%ic% is neit%er of inferior nor of su"erior ,ua ity. 2alane+ <eneric /egac% #(en if no thing of the same 6ind e$ist in the estate. the legac% is (alid. 4he estate will ha(e to *u% it. (s. Indeterminate e(ise 4here must e$ist immo(a*les of the same 6ind in order to *e (alid.
0h% the difference in the rules1 8istoricall%. in Roman /aw. personal propert% was treated with more li*eralit% *ec. the% were easier to acquire and dispose. If gi(en a choice. I would amend the law and ma6e the same rule applica*le to *oth. namel%. the rule on de(ises. 4his would *e more in conformit% with the intent of the testator. (2alane.)
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Right of choice.-- #$ecutor7 administrator. Must gi(e neither inferior nor superior qualit%. Art. '>:. 2%enever t%e testator e?"ress y eaves t%e rig%t of c%oice to t%e %eir; or to t%e egatee or devisee; t%e for!er !ay give or t%e atter !ay c%oose $%ic%ever %e !ay "refer. Art. '>8. If t%e %eir; egatee or devisee cannot !aEe t%e c%oice; in case it %as been granted %i!; %is rig%t s%a "ass to %is %eirs9 but a c%oice once !ade s%a be irrevocab e. Art. '>>. A egacy for education asts unti t%e egatee is of age; or beyond t%e age of !a6ority in order t%at t%e egatee !ay finis% so!e "rofessiona ; vocationa or genera course; "rovided %e "ursues %is course di igent y. A egacy for su""ort asts during t%e ifeti!e of t%e egatee; if t%e testator %as not ot%er$ise "rovided. If t%e testator %as not fi?ed t%e a!ount of suc% egacies; it s%a be fi?ed in accordance $it% t%e socia standing and t%e circu!stances of t%e egatee and t%e va ue of t%e estate. If t%e testator during %is ifeti!e used to give t%e egatee a certain su! of !oney or ot%er t%ings by $ay of su""ort; t%e sa!e a!ount s%a be dee!ed be,ueat%ed; un ess it be !arEed y dis"ro"ortionate to t%e va ue of t%e estate. 2alane+ uration and Amount of the different legacies. Rules as to amount+ 1. Amount prescri*ed *% the testator ". 0hat the testator used to gi(e during his lifetime &. In accordance with the social standing and circumstances of the legatee. In other words. according to his needs.
Art. '>A. If a "eriodica "ension; or a certain annua ; !ont% y; or $eeE y a!ount is be,ueat%ed; t%e egatee !ay "etition t%e court for t%e first insta !ent u"on t%e deat% of t%e testator; and for t%e fo o$ing ones $%ic% s%a be due at t%e beginning of eac% "eriod9 suc% "ay!ent s%a not be returned; even t%oug% t%e egatee s%ou d die before t%e e?"iration of t%e "eriod $%ic% %as co!!enced. 2alane+ #.g.. 4estator dies on March 1. 1EE@. 8e has a will gi(ing A a monthl% pension of '1.DDD. 1. If we follow Art. E)? literall%. A can compel the estate to gi(e him his pension from March 1. 1EE@. ". In realit%. A has to wait. 4he estate should *e settled first (will pro*ated. pa%ment of de*ts. determine if legac% is effectual. etc.) After settlement of the estate. A can demand his legac% and its effecti(it% will retroact to March 1. 1EE@. Art. '>(. If t%e t%ing be,ueat%ed s%ou d be sub6ect to a usufruct; t%e egatee or
'A<# 1D"

devisee s%a res"ect suc% rig%t unti it is ega y e?tinguis%ed. 2alane+ 4his is the same as in Art. E&). par. &. Art. '>7. t%e egatee or devisee ac,uires a rig%t to t%e "ure and si!" e egacies or devises fro! t%e deat% of t%e testator; and trans!its it to %is %eirs.
Art. '>C. If t%e egacy or devise is of a s"ecific and deter!inate t%ing "ertaining to t%e testator; t%e egatee or devisee ac,uires t%e o$ners%i" t%ereof u"on t%e deat% of t%e testator; as $e as any gro$ing fruits; or unborn offs"ring of ani!a s; or unco ected inco!e9 but not t%e inco!e $%ic% $as due and un"aid before t%e atterGs deat%. 4ro! t%e !o!ent of t%e testatorGs deat%; t%e t%ing be,ueat%ed s%a be at t%e risE of t%e egatee or devisee; $%o s%a ; t%erefore; bear its oss or deterioration; and s%a be benefitted by its increase or i!"rove!ent; $it%out "re6udice to t%e res"onsibi ity of t%e e?ecutor or ad!inistrator. Art. '>'. If t%e be,uest s%ou d not be of a s"ecific and deter!inate t%ing; but is generic or of ,uantity; its fruits and interests fro! t%e ti!e of t%e deat% of t%e testator s%a "ertain to t%e egatee or devisee if t%e testator %as e?"ress y so ordered. 2alane+ Articles E)A to E)E.-- Rules on emanda*ilit%. 9ruits and -wnership. 1. emanda*ilit% depends on whether+ a. 'ure.-- :pon the testator;s death. (Articles E)A. E)?.) *. 0ith a term.-- :pon arri(al of the term c. 3onditional.-- :pon the happening of the suspensi(e condition.
". 9ruits w7c depends on whether+ a. 'ure and specific.-- :pon the testator;s death. (Art. E)C.) *. 'ure and generic.-- :pon determination of what is to *e deli(ered to the de(isee or legatee unless the testator pro(ides otherwise. (Art. E)E.) c. 0ith a term.-- :pon arri(al of the term. d. 3onditional.-- :pon the happening of the suspensi(e condition. &. -wnership a. 'ure and specific.-- :pon the death of the testator. (Art. AAA.) *. 'ure and generic.-- It depends+ (i) if the thing comes from the testator;s estate. upon the testator;s death (ii) if the thing has to *e acquired from a third person. upon the acquisition of the thing. c. 0ith a term.-- :pon the testator;s death (effect retroacts.) d. 3onditional.-- :pon the testator;s death (effect retroacts.)
'A<# 1D&

Art. 'AD. If t%e estate s%ou d not be sufficient to cover a t%e egacies or devises; t%eir "ay!ent s%a be !ade in t%e fo o$ing order: .&/ Re!uneratory egacies or devises9 .:/ Legacies or devises dec ared by t%e testator to be "referentia 9 .8/ Legacies for su""ort9 .>/ Legacies for education9 .A/ Legacies or devises of a s"ecific; deter!inate t%ing $%ic% for!s "art of t%e estate9 .(/ A ot%ers pro rata. 2alane+ -rder of preference. 4his conflicts w7 Art. E11.-- 5If %ou reduce legacies. reduce all e$cept those preferred according to the testator.5-- Inconsistent. Solution according to commentators.-- <i(e each its own sphere of operation+ 1. If %ou ha(e to reduce *ec. legitimes ha(e *een impaired. follow Art. E11. ". If for an% other reason. follow Art. E?D. Art. 'A&. )%e t%ing be,ueat%ed s%a be de ivered $it% a its accessions and accessories and in t%e condition in $%ic% it !ay be u"on t%e deat% of t%e testator. Art. 'A:. )%e %eir; c%arged $it% a egacy or devise; or t%e e?ecutor or ad!inistrator of t%e estate; !ust de iver t%e very t%ing be,ueat%ed if %e is ab e to do so and cannot disc%arge t%is ob igation by "aying its va ue. Legacies of !oney !ust be "aid in cas%; even t%oug% t%e %eir or t%e estate !ay not %ave any. )%e e?"enses necessary for t%e de ivery of t%e t%ing be,ueat%ed s%a be for t%e account of t%e %eir or t%e estate; but $it%out "re6udice to t%e egiti!e. Art. 'A8. )%e egatee or devisee cannot taEe "ossession of t%e t%ing be,ueat%ed u"on %is o$n aut%ority; but s%a re,uest its de ivery and "ossession of t%e %eir c%arged $it% t%e egacy or devise; or of t%e e?ecutor or ad!inistrator of t%e estate s%ou d %e be aut%oriHed by t%e court to de iver it. Art. 'A>. )%e egatee or devisee cannot acce"t a "art of t%e egacy or devise and re"udiate t%e ot%er; if t%e atter be onerous. S%ou d %e die before %aving acce"ted t%e egacy or devise; eaving severa %eirs; so!e of t%e atter !ay acce"t and t%e ot%ers !ay re"udiate t%e s%are res"ective y be onging to t%e! in t%e egacy or devise. 2alane+ 4his applies to a situation where there is onl% one legac% or de(ise. 'ar. ".-- 4he same rule as in accretion. acceptance and renunciation. Art. 'AA. )%e egatee or devisee of t$o egacies or devises; one of $%ic% is onerous cannot renounce t%e onerous one and acce"t t%e ot%er. If bot% are onerous or gratuitous; %e s%a be free to acce"t or renounce bot%; or to renounce eit%er. But if t%e testator
'A<# 1D)

intended t%at t%e t$o egacies or devises s%ou d be inse"arab e fro! eac% ot%er; t%e egatee or devisee !ust eit%er acce"t or renounce bot%. Any co!"u sory %eir $%o is at t%e sa!e ti!e a egatee or devisee !ay $aive t%e in%eritance and acce"t t%e egacy or devise; or renounce t%e atter and acce"t t%e for!er; or $aive or acce"t bot%. 2alane+ 4his applies to a situation where there are two or more legacies or de(ises. <eneral rule+ 4he same rule as in Art. E?). #$ception+ 4estator pro(ides otherwise. Art. 'A(. If t%e egatee or devisee cannot or is un$i ing to acce"t t%e egacy or devise; or if t%e egacy or devise for any reason s%ou d beco!e ineffective; it s%a be !erged into t%e !ass of t%e estate; e?ce"t in cases of substitution and of t%e rig%t of accretion. Art. 'A7. )%e egacy or devise s%a be $it%out effect: .&/ If t%e testator transfor!s t%e t%ing be,ueat%ed in suc% a !anner t%at it does not retain eit%er t%e for! or t%e deno!ination it %ad9 .:/ If t%e testator by any tit e or for any cause a ienates t%e t%ing be,ueat%ed or any "art t%ereof; it being understood t%at in t%e atter case t%e egacy or devise s%a be $it%out effect on y $it% res"ect to t%e "art t%us a ienated. If after t%e a ienation t%e t%ing s%ou d again be ong to t%e testator; even if it be by reason of t%e nu ity of t%e contract; t%e egacy or devise s%a not t%ereafter be va id; un ess t%e reac,uisition s%a %ave been effected by virtue of t%e e?ercise of t%e rig%t of re"urc%ase9 .8/ If t%e t%ing be,ueat%ed is tota y ost during t%e ifeti!e of t%e testator; or after %is deat% $it%out t%e %eirGs fau t. Nevert%e ess; t%e "erson ob iged to "ay t%e egacy or devise s%a be iab e for eviction if t%e t%ing be,ueat%ed s%ou d not %ave been deter!inate as to its Eind; in accordance $it% t%e "rovisions of artic e ':C. 2alane+ <rounds for the re(ocation of legac% or de(ise (ta6es effect *% operation of law.) 1. 4ransformation of the thing. #.g. a. 5I *equeath m% ring to 2.5 After ma6ing the will. the ring is melted and turned into a pendant. *. 0hen a coconut plantation is transformed into a fishpond. ". 4his manifests the intent to re(o6e. #$ception+ If pacto de retro and reacquired during the testator;s lifetime. Annulment depends on the *asis+ a. Hitiated consent.-- ,ot re(o6ed *ec. there was no intention to re(o6e *. All other reasons.-- Re(o6ed. &. 4otall% lost. Art. 'AC. A !istaEe as to t%e na!e of t%e t%ing be,ueat%ed or devised; is of no conse,uence; if it is "ossib e to identify t%e t%ing $%ic% t%e testator intended to be,ueat% or devise.
'A<# 1D?

2alane+ 4his is similar to Art. ACE. Art. 'A'. A dis"osition !ade in genera ter!s in favor of t%e testatorGs re atives s%a be understood to be in favor of t%ose nearest in degree. 2alane+ 4his does not refer to legacies and de(ises 4his article is misplaced. 4his should *e in the 3hapter on Institution of 8eirs 4his applies onl% in fa(or of the testator;s own relati(es.
C%a"ter 8 LE<AL OR IN)ES)A)E SUCCESSION Section &.++ 'eneral Provisions. I,4R- :34I-, I. Intestac%.-- 4hat which ta6es place *% operation of law in default of compulsor% and testamentar% succession. It is the least preferred among the three modes of succession. *ut is the most common. It ta6es place onl%+ (a) insofar as it does not impair legitimes! (*) onl% if there is no will disposing of the propert%. It applies the principle of e$clusion and concurrence (the same principles as in compulsor% succession.) II. 08- AR# I,4#S4A4# 8#IRS1 1. ". &. ). ?. @. A. C. /egitimate children or descendants Illegitimate children or descendants /egitimate parents or ascendants Illegitimate parents Sur(i(ing spouse 2rothers and sisters. nephews and nieces -ther collateral relati(es up to the fifth degree 4he State.
'A<# 1D@

,otes+ ,um*ers 1 to ? are *oth compulsor% and intestate heirs. ,um*ers @ to C are intestate heirs. 4his shows wh% the rules on legitime are similar to the rules of intestac%. III. 2ASI3 R:/#S -9 I,4#S4A3> 1. Rule of Relationship.-- Intestate heir must *e related to the deceased. 4here are four 6inds+ a. 9amil%.-- <s familial, ascendants and descendants in the direct line. *. 2lood.-- <us sanguinis. collaterals up to the fifth degree. c. Spouse.-- <us con/ugis. d. State.-- <us imperii. the right of so(ereignt%. ". Rule of 'reference of lines.-- 4his is also true in compulsor% succession. 4he descending is preferred o(er the ascending. &. Rule on pro$imit% of degree.-- 4his rule e$cludes the further. (4his qualifies) representation. ). Rule of equalit% among relati(es of the same degree.-- 4his is corollar% to the third. 9i(e e$ceptions+ a. Relati(es of the full and half *lood.-- Art. 1D"@ (does not refer to *lood cousins. *ec. the% inherit equall%.) *. Rule of di(ision *% line in the ascending line.-- Maternal7 paternal c. Rule on preference of lines.-- Art. E"C if decedent is sur(i(ed *% a father and son. the father is e$cluded. d. istri*ution *etween legitimate and illegitimate children.-- " + 1. although in the same degree. e. 2% representation.-- 2ecause of this. the% inherit in different shares. Art. '(D. Lega or intestate succession taEes " ace: .&/ If a "erson dies $it%out a $i ; or $it% a void $i ; or one $%ic% %as subse,uent y ost its va idity9 .:/ 2%en t%e $i does not institute an %eir to; or dis"ose of a t%e "ro"erty be onging to t%e testator. In suc% case; ega succession s%a taEe " ace on y $it% res"ect to t%e "ro"erty of $%ic% t%e testator %as not dis"osed9 .8/ If t%e sus"ensive condition attac%ed to t%e institution of %eir does not %a""en or is not fu fi ed; of if t%e %eir dies before t%e testator; or re"udiates t%e in%eritance; t%ere being no substitution; and no rig%t of accretion taEes " ace9 .>/ 2%en t%e %eir instituted is inca"ab e of succeeding; e?ce"t in cases "rovided in t%is Code. 2alane+ 4his enumeration is not e$clusi(e. 4here are other causes. A. Jinds
'A<# 1DA

1. 4otal - ,o testamentar% disposition at all. ". 'artial - A will that disposes of part of the free portion 2. 3auses 1. when re(o6ed. ". &. institution. a. 5does not institute an heir.5-- :seless will as far as succession is concerned. *. 5 oes not dispose all.5-- 'artial intestac% 5Suspensi(e condition does not happen.5-Intestac% as to that specific a. ,o will.-- 4otal intestac% *. Hoid will N no will.-- 4otal intestac% c. #rroneous.-- will. once (alid. alwa%s (alid *ut ma% lose its efficac%. e.g..
). 5Incapa*le of succeeding-- -nl% specific pro(ision will gi(e rise to intestac%. ?. -thers not in Art. E@D. a. 4he arri(al of the resolutor% term. *. Impossi*ilit% of ascertaining the will of the testator. Art. '(&. In defau t of testa!entary %eirs; t%e a$ vests t%e in%eritance; in accordance $it% t%e ru es %ereinafter set fort%; in t%e egiti!ate and i egiti!ate re atives of t%e deceased; in t%e surviving s"ouse; and in t%e State. Art. '(:. In every in%eritance; t%e re ative nearest in degree e?c udes t%e !ore distant ones; saving t%e rig%t of re"resentation $%en it "ro"erty taEes " ace. Re atives in t%e sa!e degree s%a in%erit in e,ua s%ares; sub6ect to t%e "rovisions of artic e &DD( $it% res"ect to re atives of t%e fu and %a f b ood; and of artic e 'C7; "aragra"% :; concerning division bet$een t%e "aterna and !aterna ines. Subsection &.++ #elationship. Art. '(8. Pro?i!ity of re ations%i" is deter!ined by t%e nu!ber of generations. Eac% generation for!s a degree. Art. '(>. A series of degrees for!s a ine; $%ic% !ay be eit%er direct or co atera . A direct ine is t%at constituted by t%e series of degrees a!ong ascendants and descendants. A co atera ine is t%at constituted by t%e series of degrees a!ong "ersons $%o are ascendants and descendants; but $%o co!e fro! a co!!on ancestor. Art. '(A. )%e direct ine is eit%er descending or ascending.
'A<# 1DC

)%e for!er unites t%e %ead of t%e fa!i y $it% t%ose $%o descend fro! %i!. )%e atter binds a "erson $it% t%ose fro! $%o! %e descends. Art. '((. In t%e ine; as !any degrees are counted as t%ere are generations or "ersons; e?c uding t%e "rogenitor. In t%e direct ine; ascent is !ade to t%e co!!on ancestor. )%us; t%e c%i d is one degree re!oved fro! t%e "arent; t$o fro! t%e grandfat%er; and t%ree fro! t%e great+ grand"arent. In t%e co atera ine; ascent is !ade to t%e co!!on ancestor and t%en descent is !ade to t%e "erson $it% $%o! t%e co!"utation is to be !ade. )%us; a "erson is t$o degrees re!oved fro! %is brot%er; t%ree fro! %is unc e; $%o is t%e brot%er of %is fat%er; four fro! %is first cousin; and so fort%. Art. '(7. 4u b ood re ations%i" is t%at e?isting bet$een "ersons $%o %ave t%e sa!e fat%er and t%e sa!e !ot%er. 1a f b ood re ations%i" is t%at e?isting bet$een "ersons $%o %ave t%e sa!e fat%er; but not t%e sa!e !ot%er; or t%e sa!e !ot%er; but not t%e sa!e fat%er. 2alane+ Articles E@& to E@A on relationships. 1. (4hese rules on relationship are) important *ecause of certain principles which ordain in intestac%. namel%+ a. ,earer e$cludes the more remote! *. irect line is preferred o(er the collateral! c. escending line is preferred o(er the ascending. ". 4wo *asic concepts in relationship+ a. 3oncept of degree.-- 4his is the method of computing the pro$imit% of relationship. #(er% degree is one generation. *. 3oncept of lines.-- (4hese are) relati(e positions in the famil% *etween " persons (genealogical chart.) In intestac%+ a. 4here is no limit.-- irect line-(i) ascending (ii) descending *. /imit of fi(e degrees.-- 3ollateral line-- " persons ha(ing a common ascendant Illustration+ A L M 2 L L 3 # 9or 2. A is in the direct line. is in the collateral line.
&. 9ull and half-*lood relations in intestac%. a. 2rothers and sisters. (Art. 1DD@.)-- " + 1-- 4his is applica*le onl% in intestate succession.
'A<# 1DE

*. ,ephews and nieces. (Art. 1DDC.)-- " + 1-- ,ephews or nieces of the half *lood-child of a *rother or sister of the half *lood.
Art. '(C. If t%ere are severa re atives of t%e sa!e degree; and one or so!e of t%e! are un$i ing or inca"acitated to succeed; %is "ortion s%a accrue to t%e ot%ers of t%e sa!e degree; save t%e rig%t of re"resentation $%en it s%ou d taEe " ace. Art. '('. If t%e in%eritance s%ou d be re"udiated by t%e nearest re atives; s%ou d t%ere be one on y; or by a t%e nearest re atives ca ed by a$ to succeed; s%ou d t%ere be severa ; t%ose of t%e fo o$ing degree s%a in%erit in t%eir o$n rig%t and cannot re"resent t%e "erson or "ersons re"udiating t%e in%eritance.
Subsection :.++ #ight of #epresentation. Art. '7D. Re"resentation is a rig%t created by fiction of a$; by virtue of $%ic% t%e re"resentative is raised to t%e " ace and t%e degree of t%e "erson re"resented; and ac,uires t%e rig%ts $%ic% t%e atter $ou d %ave if %e $ere iving or %e cou d %ave in%erited. 2alane+ 1. 4his article contains the definition of representation. Representation is not a (er% accurate term *ecause it does not con(e% the full meaning of the process. Illustration+ G 7 L M A 2 3 7 M *1 *" 2 predeceases G. 0hen G dies. *1 and *" are e$cluded *ec. of the rule that the nearer e$cludes the more remote. -nl% A and 3 should inherit. 2ut *ecause of the right of representation. *1 and *" will inherit in the place of 2. 4he% are raised to the le(el of 2. 4he% will onl% get what 2 would ha(e gotten. 4he *etter term is successional subrogation. as F2/ Re%es calls it. It is a process where*% one person ta6es another;s place. 4he representati(e is su*rogated (ta6es the place) of the person represented. ". :nder what situations does it operate1 a. 'redecease.-- Articles EC". EA?. *. isinheritance.-- Art. E"&. c. Incapacit% or unworthiness to succeed.-- Art. 1D&?. (4his) does not appl% to renunciation. (See Articles E@C. E@E. EAA.) &. In what 6inds of succession does it operate1 a. 3ompulsor%
'A<# 11D

*. Intestate It does not appl% to testamentar% succession. #.g.. 5I institute m% son. and if he predeceases me. he will *e represented *% his son.5 4his is su*stitution and not representation. Art. '7&. )%e re"resentative is ca ed to t%e succession by t%e a$ and not by t%e "erson re"resented. )%e re"resentative does not succeed t%e "erson re"resented but t%e one $%o! t%e "erson re"resented $ou d %ave succeeded. Art. '7:. )%e rig%t of re"resentation taEes " ace in t%e direct descending ine; but never in t%e ascending. In t%e co atera ine; it taEes " ace on y in favor of t%e c%i dren of brot%ers or sisters; $%et%er t%ey be of t%e fu or %a f b ood. 2alane+ 1. In legitime. in what direction does it operate1 -nl% in the descending. ne(er in the ascending. ". In intestac%. in what direction does it operate1 a. In descending line.-- Same as in legitimes. *. -nl% one instance in the collateral line.-- ,ephews and nieces in representation of their parents who predeceased their decedent *rother or sister. G 7 L M A 2 3 7 M *1 *" 2 predeceases A. 0hen A dies. *1 and *" can represent 2 in 2;s share in the estate of A. 4eotico (. el Hal.-- An adopted child cannot represent his adopti(e parent *ec. the fiction is onl% *etween the adopter and the adopted. Art. '78. In order t%at re"resentation !ay taEe " ace; it is necessary t%at t%e re"resentative %i!se f be ca"ab e of succeeding t%e decedent. 2alane+ 3apacit% to succeed.-- In representation. there are three parties+ 1. 4he decedent! ". 4he person represented! &. 4he representati(e. Iuestions+ a. Must & ha(e capacit% to succeed from 11 >es. *ec. he is reall% succeeding from 1. *. Must & ha(e capacit% to succeed from "1 ,o. *ec. & is not succeeding from ". c. Must " ha(e capacit% to succeed from 11 ,o. 4his is precisel% wh% & succeeds 1.
'A<# 111

Art. '7>. 2%enever t%ere is succession by re"resentation; t%e division of t%e estate s%a be !ade per stirpes; in suc% !anner t%at t%e re"resentative or re"resentatives s%a not in%erit !ore t%an $%at t%e "erson t%ey re"resent $ou d in%erit; if %e $ere iving or cou d in%erit. Art. '7A. 2%en c%i dren of one of !ore brot%ers or sisters of t%e deceased survive; t%ey s%a in%erit fro! t%e atter by re"resentation; if t%ey survive $it% t%eir unc es or aunts. But if t%ey a one survive; t%ey s%a in%erit in e,ua "ortions. 2alane+ Representation+ 1. In collateral line. a1 7 A-- a" 7 G-- 2 -- * M 3-- c1 M c" a. If A. 2 and 3 predecease G. all nephews inherit in their son right. per capita. ". In the direct line. (Art. EC".) G L M A 2 3 7 L L L M a1 a" * c1 c" 7 a. In A. 2 and 3 predecease G. all grandchildren inherit *% representation. per stirpes. *. If A. 2 and 3 renounce. all grandchildren inherit *% their own right. per capita. Art. '7(. A "erson !ay re"resent %i! $%ose in%eritance %e %as renounced. Art. '77. 1eirs $%o re"udiate t%eir s%are !ay not be re"resented. 2alane+ Articles EA@ and EAA. In renunciation+ a. 'erson who renounces cannot *e represented. (Art. EAA.) *. 'erson who renounces can represent. (Art. EA@.)
'A<# 11"

Illustration+
A L 2 L 3 L
3 renounces his inheritance from 2. 2 then dies. /ater on. A dies. #ffect+ 1. cannot represent 3 in 2;s estate. ". 3an 3 represent 2 in A;s estate1 >es. 0hen 3 renounced. he onl% renounced his right to inherit from 2. 8e did not renounce his right to inherit from A.
Section. :.++ (rder of Intestate &uccession. Subsection &.++ $escending $irect Line. Art. '7C. Succession "ertains; in t%e first " ace; to t%e descending direct ine. Art. '7'. Legiti!ate c%i dren and t%eir descendants succeed t%e "arents and ot%er ascendants; $it%out distinction as to se? or age; and even if t%ey s%ou d co!e fro! different !arriages. An ado"ted c%i d succeeds to t%e "ro"erty of t%e ado"ting "arents in t%e sa!e !anner as a egiti!ate c%i d. Art. 'CD. )%e c%i dren of t%e deceased s%a a $ays in%erit fro! %i! in t%eir o$n rig%t; dividing t%e in%eritance in e,ua s%ares. Art. 'C&. S%ou d c%i dren of t%e deceased and descendants of ot%er c%i dren $%o are dead; survive; t%e for!er s%a in%erit in t%eir o$n rig%t; and t%e atter by rig%t of re"resentation. Art. 'C:. )%e grandc%i dren and ot%er descendants s%a in%erit by rig%t of re"resentation; and if any one of t%e! s%ou d %ave died; eaving severa %eirs; t%e "ortion "ertaining to %i! s%a be divided a!ong t%e atter in e,ua "ortions. 2a(iera+ -nl% legitimate descendants <eneral rule+ Art. EC" #$ception+ Art. EE".-- An illegitimate child has no right to inherit ab intestato from the legitimate children and relati(es of his father or mother! nor shall such children or relati(es inherit in the same manner from the illegitimate child.
'A<# 11&

4his applies onl% to child. not descendant 4his is called the 5iron curtain rule.5 Art. 'C8. If i egiti!ate c%i dren survive $it% egiti!ate c%i dren; t%e s%ares of t%e for!er s%a be in t%e "ro"ortions "rescribed by artic e C'A. 2a(iera+ Article CE? - note article 1A@ 93 - Illegitimate child is entitled to 17" of share of a legitimate child. 4he legitime of the illegitimate child shall *e ta6en from the free portion. pro(ided in no case shall the total legitime of illegitimate child e$ceed the free portion. and the legitime of sur(i(ing spouse must first *e full% satisfied. Art. 'C>. In case of deat% of an ado"ted c%i d; eaving no c%i dren or descendants; %is "arents and re atives by consanguinity and not by ado"tion; s%a be %is ega %eirs. Subsection:.++ %scending $irect Line. Art. 'CA. In defau t of egiti!ate c%i dren and descendants of t%e deceased; %is "arents and ascendants s%a in%erit fro! %i!; to t%e e?c usion of co atera re atives. Art. 'C(. )%e fat%er and !ot%er; if iving; s%a in%erit in e,ua s%ares. S%ou d one on y of t%e survive; %e or s%e s%a succeed to t%e entire estate of t%e c%i d. Art. 'C7. In defau t of t%e fat%er and !ot%er; t%e ascendants nearest in degree s%a in%erit. S%ou d t%ere by !ore t%an one of e,ua degree be onging to t%e sa!e ine t%ey s%a divide t%e in%eritance per capita9 s%ou d t%ey be of different ines but of e,ua degree; one+ %a f s%a go to t%e "aterna and t%e ot%er %a f to t%e !aterna ascendants. In eac% ine t%e division s%a be !ade per capita. 2a(iera+ Per capita means equall% Subsection 8.++ Illegitimate Children. Art. 'CC. In t%e absence of egiti!ate descendants or ascendants; t%e i egiti!ate c%i dren s%a succeed to t%e entire estate of t%e deceased. Art. 'C'. If; toget%er $it% i egiti!ate c%i dren; t%ere s%ou d survive descendants of anot%er i egiti!ate c%i d $%o is dead; t%e for!er s%a succeed in t%eir o$n rig%t and t%e atter by rig%t of re"resentation. Art. ''D. )%e %ereditary rig%ts granted by t%e t$o "receding artic es to i egiti!ate
'A<# 11)

c%i dren s%a be trans!itted u"on t%eir deat% to t%eir descendants; $%o s%a in%erit by rig%t of re"resentation fro! t%eir deceased grand"arent. Art. ''&. If egiti!ate ascendants are eft; t%e i egiti!ate c%i dren s%a divide t%e in%eritance $it% t%e!; taEing one+%a f of t%e estate; $%atever be t%e nu!ber of t%e ascendants or of t%e i egiti!ate c%i dren. Art. '':. An i egiti!ate c%i d %as no rig%t to in%erit a" intestato fro! t%e egiti!ate c%i dren and re atives of %is fat%er or !ot%er9 nor s%a suc% c%i dren or re atives in%erit in t%e sa!e !anner fro! t%e i egiti!ate c%i d. 2a(iera+ 4his applies onl% to child. not descendants 4his is called the iron curtain rule Art. ''8. If an i egiti!ate c%i d s%ou d die $it%out issue; eit%er egiti!ate or i egiti!ate; %is fat%er or !ot%er s%a succeed to %is entire estate9 and if t%e c%i dGs fi iation is du y "roved as to bot% "arents; $%o are bot% iving; t%ey s%a in%erit fro! %i! s%are and s%are a iEe. Art. ''>. In defau t of t%e fat%er or !ot%er; an i egiti!ate c%i d s%a be succeeded by %is or %er surviving s"ouse; $%o s%a be entit ed to t%e entire estate. If t%e $ido$ or $ido$er s%ou d survive $it% brot%ers and sisters; ne"%e$s and nieces; s%e or %e s%a in%erit one+%a f of t%e estate; and t%e atter t%e ot%er %a f. Subsection >.++ &urviving &pouse. Art. ''A. In t%e absence of egiti!ate descendants and ascendants; and i egiti!ate c%i dren and t%eir descendants; $%et%er egiti!ate or i egiti!ate; t%e surviving s"ouse s%a in%erit t%e entire estate; $it%out "re6udice to t%e rig%ts of brot%ers and sister; ne"%e$s and nieces; s%ou d t%ere by any under artic e &DD&.
Art. &DD&. S%ou d brot%ers and sisters or t%eir c%i dren survive $it% t%e $ido$ or $ido$er; t%e atter s%a be entit ed to one+%a f of t%e in%eritance and t%e brot%ers and sisters or t%eir c%i dren to t%e ot%er %a f.
Art. ''(. If a $ido$ or $ido$er and egiti!ate c%i dren or descendants are eft; t%e surviving s"ouse %as in t%e succession t%e sa!e s%are as t%at of eac% of t%e c%i dren.
Art. ''7. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate "arents or ascendants; t%e surviving s"ouse s%a be entit ed to one+%a f of t%e estate; and t%e egiti!ate "arents or ascendants to t%e ot%er %a f.
'A<# 11?

Art. ''C. If a $ido$ or $ido$er survives $it% i egiti!ate c%i dren; suc% $ido$ or $ido$er s%a be entit ed to one+%a f of t%e in%eritance; and t%e i egiti!ate c%i dren or t%eir descendants; $%et%er egiti!ate or i egiti!ate; to t%e ot%er %a f. Art. '''. 2%en t%e $ido$ or $ido$er survives $it% egiti!ate c%i dren or t%eir descendants and i egiti!ate c%i dren or t%eir descendants; $%et%er egiti!ate or i egiti!ate; suc% $ido$ or $ido$er s%a be entit ed to t%e sa!e s%are as t%at of a egiti+ !ate c%i d. Art. &DDD. If egiti!ate ascendants; t%e surviving s"ouse; and i egiti!ate c%i dren are eft; t%e ascendants s%a be entit ed to one+%a f of t%e in%eritance; and t%e ot%er %a f s%a be divided bet$een t%e surviving s"ouse and t%e i egiti!ate c%i dren so t%at suc% $ido$ or $ido$er s%a %ave one+fourt% of t%e estate; and t%e i egiti!ate c%i dren t%e ot%er fourt%. Art. &DD&. S%ou d brot%ers and sisters or t%eir c%i dren survive $it% t%e $ido$ or $ido$er; t%e atter s%a be entit ed to one+%a f of t%e in%eritance and t%e brot%ers and sisters or t%eir c%i dren to t%e ot%er %a f. Art. &DD:. In case of a ega se"aration; if t%e surviving s"ouse gave cause for t%e se"aration; %e or s%e s%a not %ave any of t%e rig%ts granted in t%e "receding artic e.
Subsection A.++ Collateral #elatives Art. &DD8. If t%ere are no descendants; ascendants; i egiti!ate c%i dren; or a surviving s"ouse; t%e co atera re atives s%a succeed to t%e entire estate of t%e deceased in accordance $it% t%e fo o$ing artic es. Art. &DD>. S%ou d t%e on y survivors be brot%ers and sisters of t%e fu b ood; t%ey s%a in%erit in e,ua s%ares. Art. &DDA. S%ou d brot%ers and sisters survive toget%er $it% ne"%e$s and nieces; $%o are t%e c%i dren of t%e decedentGs brot%ers and sisters of t%e fu b ood; t%e for!er s%a in%erit per capita; and t%e atter per stirpes. 2a(iera+ Per capita means equall% per stirpes means *% representation Art. &DD(. S%ou d brot%ers and sisters of t%e fu b ood survive toget%er $it% brot%er and sisters of t%e %a f b ood; t%e for!er s%a be entit ed to a s%are doub e t%at of
'A<# 11@

t%e atter. Art. &DD7. In case brot%ers and sisters of t%e %a f b ood; so!e on t%e fat%erGs and so!e on t%e !ot%erGs side; are t%e on y survivors; a s%a in%erit in e,ua s%ares $it%out distinction as to t%e origin of t%e "ro"erty. Art. &DDC. C%i dren of brot%ers and sisters of t%e %a f b ood s%a succeed per capita or per stirpes; in accordance $it% t%e ru es aid do$n for brot%ers and sisters of t%e fu b ood. Art. &DD'. S%ou d t%ere be neit%er brot%ers nor sisters nor c%i dren of brot%ers or sisters; t%e ot%er co atera re atives s%a succeed to t%e estate. )%e atter s%a succeed $it%out distinction of ines or "reference a!ong t%e! by reason of re ations%i" by t%e $%o e b ood. Art. &D&D. )%e rig%t to in%erit a" intestato s%a not e?tend beyond t%e fift% degree of re ations%i" in t%e co atera ine. Subsection (.++ The &tate. Art. &D&&. In defau t of "ersons entit ed to succeed in accordance $it% t%e "rovisions of t%e "receding Sections; t%e State s%a in%erit t%e $%o e estate. Art. &D&:. In order t%at t%e State !ay taEe "ossession of t%e "ro"erty !entioned in t%e "receding artic e; t%e "ertinent "rovisions of t%e Ru es of Court !ust be observed. Art. &D&8. After t%e "ay!ent of debts and c%arges; t%e "ersona "ro"erty s%a be assigned to t%e !unici"a ity or city $%ere t%e deceased ast resided in t%e P%i i""ines; and t%e rea estate to t%e !unici"a ities or cities; res"ective y; in $%ic% t%e sa!e is situated. If t%e deceased never resided in t%e P%i i""ines; t%e $%o e estate s%a be assigned to t%e res"ective !unici"a ities or cities $%ere t%e sa!e is ocated. Suc% estate s%a be for t%e benefit of "ub ic sc%oo s; and "ub ic c%aritab e institutions and centers; in suc% !unici"a ities or cities. )%e court s%a distribute t%e estate as t%e res"ective needs of eac% beneficiary !ay $arrant. )%e court; at t%e instance of an interested "arty; or in its o$n !otion; !ay order t%e estab is%!ent of a "er!anent trust; so t%at on y t%e inco!e fro! t%e "ro"erty s%a be used. Art. &D&>. If a "erson ega y entit ed to t%e estate of t%e deceased a""ears and fi es a c ai! t%ereto $it% t%e court $it%in five years fro! t%e date t%e "ro"erty $as de ivered to t%e State; suc% "erson s%a be entit ed to t%e "ossession of t%e sa!e; or if so d; t%e !unici"a ity or city s%a be accountab e to %i! for suc% "art of t%e "roceeds as !ay not %ave been a$fu y s"ent.
'A<# 11A

2alane+ Intestate heirs+ 1. /egitimate children7 descendants a. e$cludes ascendants. all collaterals. the State *. concurs with illegitimate children7 descendants. sur(i(ing spouse c. e$cluded *% no one. ". Illegitimate children7 descendants a. e$cludes illegitimate parents. collaterals. the State *. concurs with sur(i(ing spouse. legitimate children. legitimate ascendants c. e$cluded *% no one. &. /egitimate parents a. e$cludes collaterals. the State *. concurs with illegitimate children. sur(i(ing spouse c. e$cluded *% legitimate children. ). Illegitimate ascendants a. e$cludes collaterals. the State *. concurs with the sur(i(ing spouse c. e$cluded *% legitimate descendants. illegitimate descendants. ?. Sur(i(ing spouse a. e$cludes collaterals. other than *rothers and sisters. nephews and nieces. the State *. concurs with legitimate child. illegitimate child. legitimate and illegitimate *rothers and sisters. nephews and nieces. c. e$cluded *% no one. @. 2rothers. sisters. nephews and nieces a. e$cludes all other collaterals. the State *. concurs with the sur(i(ing spouse c. e$cluded *% legitimate children. illegitimate children. legitimate parents. illegitimate parents. A. -ther collaterals a. e$ludes collaterals in remote degrees. the State *. concurs with collaterals in equal degree c. e$cludes legitimate7 illegitimate children7 parents. sur(i(ing spouse. *rothers and sisters. nephews and nieces. C. 4he State a. e$cludes no one *. concurs with no one c. e$cluded *% e(er%*od% else. Articles EAC to 1D1).-- Harious 3om*inations-- 4otal Intestac% ,ote+ 4he rules on e$clusion and concurrence in legitimes will also appl% to intestac%.
'A<# 11C

1. /egitimate children and7 or descendants alone.-- #ntire estate di(ided equall% among them. (Art. EAE.) ". /egitimate children and illegitimate children.-- #ntire estate in proportion of " + 1 or 1D + ? + ) as the case ma% *e. 4his is without pre=udice to the impairment of legitimes. (Art. EC&.) &. /egitimate children and sur(i(ing spouse.-- Sur(i(ing spouse share equal to that of one legitimate child. If onl% 1 legitimate child. 17" each. (Art. EE@.) 9ormula+ no. of legitimate children O 1 (sur(i(ing spouse) N share of each #state ). /egitimate children Sur(i(ing spouse.-- Same share as a legitimate child Illegitimate children.-- 17" or ) + ? + 1D ratio w7 share of a legitimate child. (Art. EEE.) /egitimate parents alone.-- #ntire estate shared equall%.
?.
@. /egitimate ascendants alone.-- Appl% Articles CCE and CED which are the rules on legitime. A. /egitimate parents (or ascendants).-- 1 + " Illegitimate children.-- 17" 9ree portion N 17) to illegitimate children. (Art. EE1.) 'artial Intestac% C. /egitimate parents (or ascendants).-- 17" Sur(i(ing spouse.-- 17" 9ree portion.-- 17) to the sur(i(ing spouse. (Art. EEA.) 'artial Intestac% E. /egitimate parents (or ascendants.)-- 17" Sur(i(ing spouse.-- 17) Illegitimate children.-- 17) 9ree portion.-- 17C to sur(i(ing spouse. (Art. 1DDD.) Illegitimate children alone.-- #ntire estate di(ided equall% or ? + ) as the case ma% *e. 9ree portion N 17" to illegitimate children. (Art. ECC.) Illegitimate children.-- 17" di(ided as in num*er 1D Sur(i(ing spouse.-- 17" 9ree portion.-- 17@ to *oth. (Art. EEC.) 'artial intestac% 1". 1&. Sur(i(ing spouse alone.-- #ntire estate. 9ree portion.-- 17" to sur(i(ing spouse. (Articles EE) and EE?.) Sur(i(ing spouse.-- 17" Illegitimate children.-- 17"
1D. 11.
'A<# 11E

9ree portion N 17) to *oth (no article.) 1). Sur(i(ing spouse.-- 17" /egitimate *rothers and sisters and nephews and nieces.-- 17" full + half N " + 1 9ree portion N 17" to *rothers and sisters and nephews and nieces If marriage is in articulo mortis. add 17@ to free portion once the legitime of the wife is reduced to 17& (Art. 1DD1.) 1?. Sur(i(ing spouse.-- 17" Illegitimate *rothers and sisters. nephews and nieces (if decedent is illegitimate).-- 17" 9ull + 8alf N " + 1 9ree portion N 17" to illegitimate *rothers and sisters and nephews and nieces (Art. EE).) Illegitimate parents alone.-- entire estate 9ree portion.-- 17" to illegitimate parents. (Art. EE&.) Illegitimate parents.-- none. 3hildren of an% 6ind.-- #ntire estate di(ided according to earlier rules. (Art. EE&.)
1@. 1A.
1C. /egitimate *rothers and sisters alone.-- 0hole estate di(ided in the ratio of " + 1 *etween full and half *lood. (Articles 1DD) and 1DD@.) 1E. /egitimate *rothers and sisters and nephews and nieces.-- #ntire estate with the ratio of " + 1 *etween full and half *lood a. ,ephews and nieces inherit *% representation.-- per stirpes. *. ,ephews and nieces inherit *ec. all *rothers and sisters predecease.-- per capita. (Articles 1DD? and 1DDC.) "D. ,ephews and nieces.-- #ntire estate. :ncles and aunts.-- ,one. 2aca%o (. 2orromeo.-- ,ephews and nieces e$clude uncles and aunts e(en if the% ma% *e *oth onl% three (&) degrees awa% from the decedent. (Art. 1DDE *% inference.) "1. Illegitimate *rothers and sisters and nephews and nieces.-- #ntire estate with the ratio of " + 1 *etween full and half *lood. 4his applies onl% if the decedent is also illegitimate. Appl% the rules for nephews and nieces stated in num*er 1E (none.) "". ,ephews and nieces alone.-- #ntire estate with the ratio of " + 1 *etween full and half *lood. Per capita. (Articles EA? and 1DDC.) Right of representation. "&. -ther collaterals.-- #ntire estate in equal shares Rules+ a. ,o distinction *etween full and half *lood *. ,o representation c. ,earer e$cludes the more remote d. :p to the fifth degree onl%. (Articles 1DDE and 1D1D.)
'A<# 1"D

In case of an illegitimate decedent. collaterals are onl% up to nephews and nieces. "). 4he State.-- the entire estate. (Art. 1D11.)
,-4#+ 9ollow the rules e$cept num*ers " and ) which requires two (") steps. ,um*ers " and ) are tric6% *ecause %ou ma% end up impairing the legitime. R#M#M2#R+ /egitimes cannot *e impaired. <ood ,ews+ Fust follow the rules. the legitimes will ne(er *e impaired. 4he% are automaticall% co(ered *% the rules. 2ad ,ews+ Art. EC&. which co(ers the com*ination of legitimate and illegitimate children. might impair the legitime.
Illustration+ G;s estate is worth '1CD.DDD. G ------------------------------L L + + + + + 2 3 # 9 <
1. If %ou follow Art. EC& literall%. " + " + 1 + 1 + 1 + 1 + 1 assuming the decedent died after the 9amil% 3ode too6 effect. A N )D.DDD 2 N )D.DDD 3 N "D.DDD N "D.DDD # N "D.DDD 9 N "D.DDD 9 N "D.DDD < N "D.DDD 2ut the legitime of A and 2 is impaired. /egitime of A and 2 N ED.DDD Share of A and 2 CD.DDD /egitime lac6s 1D.DDD ". Since Art. EC& impairs the legitime. follow this two- step process+ a. <i(e the legitime first. (<i(e to the legitimate first *efore the illegitimate.) *. (i) If there is an e$cess. di(ide it according to the ratio of " + 1 or 1D + ? + ) depending on the circumstances. (ii) If lac6ing. reduce the share of illegitimate children pro+rata. In the illustration+ A N )?.DDD
'A<# 1"1

2 N )?.DDD 3 N "".?DD N "".?DD # N "".?DD 9 N "".?DD < N "".?DD 4-4A/ "D".?DD 4he estate lac6s "".?DD Reduce the shares of illegitimate children pro+rata N "".?DD7 ? N ).?DD each. 4he share of each illegitimate child will equal 1C.DDD. ,ote+ 1. An adopted child is treated as a legitimate child. ". Spouse recei(es shares if+ a. 4he (alid is marriage *. Hiola*le *ut not annulled If legall% separated. appl% the same rules as in legitimes.
'A<# 1""

C%a"ter > PRO=ISIONS CO##ON )O )ES)A)E AN* IN)ES)A)E SUCCESSIONS Section &.++ #ight of %ccretion. 2alane+ (4he right of accretion) ta6es place in+ (1) testamentar% succession (") intestate succession 2ut not with respect to legitimes.-- Art. 1D"1 par. ". 4his pro(ision was copied from the -33 and is inapplica*le now *ecause it was used for the me/ora. 8owe(er. it must still *e applied.
Art. &D&A. Accretion is a rig%t by virtue of $%ic%; $%en t$o or !ore "ersons are ca ed to t%e sa!e in%eritance; devise or egacy; t%e "art assigned to t%e one $%o renounces or cannot receive %is s%are; or $%o died before t%e testator; is added or incor"orated to t%at of %is co+%eir; co+devisees; or co+ egatees. Art. &D&(. In order t%at t%e rig%t of accretion !ay taEe " ace in a testa!entary succession; it s%a be necessary: .&/ )%at t$o or !ore "ersons be ca ed to t%e sa!e in%eritance; or to t%e sa!e "ortion t%ereof; pro indiviso; and .:/ )%at one of t%e "ersons t%us ca ed die before t%e testator; or renounce t%e in%eritance; or be inca"acitated to receive it. 2alane+ Articles 1D1? and 1D1@. Requisites+ 1. 4wo or more heirs. de(isees and legatees are called to the same inheritance. de(ise or legac% pro+indi#iso. Pro indi#iso means without designation of parts or the portions are undi(ided. ". -ne of the persons called+ a. ie *efore the testator *. Renounce the inheritance c. 2e incapacitated to recei(e it. ,ote+ 4hese are the same causes for su*stitution. Su*stitution 1. predecease ". incapacit% Accretion 1. predecease ". incapacit% Representation 1. predecease ". incapacit%
'A<# 1"&

&. renunciation
&. renunciation
&. disinheritance
#$amples+ 1. 5I gi(e ?DDD to A and 2.5 If A dies and does not ha(e an% children or descendants. accretion will ta6e place. 2 will get ?.DDD. "?DD *% his own right and ".?DD *% accretion. ". 5I gi(e ?DDD to A and 2 in equal shares.5 Accretion will still appl%. 5#qual shares5 ma6es e$plicit what is implied *ecause if nothing is said. it is presumed that it is in equal shares. &. 5I gi(e 17" to A. 17) 2 and 17C to 3.5 4his seems to impl% accretion. a. Is it possi*le to ha(e unequal pro indi#iso shares1 >es. As long as the% are 5undi(ided.5 5aliquot5 or 5a*stract.5 It is not required that the% *e in equal shares. 0hat is required is that it *e pro indi#iso. *. Accretion will not appl% according to commentators. Pro indi#iso is not a good phrase. it should *e 5without an% particular designation of shares.5 If equal shares.-- Art. 1D1A. accretion applies. If unequal shares. can accretion appl%1 (i) >es.-- Art. 1D1@ (ii) ,o.-- 3ommentators. If sharing is not the same. accretion cannot ta6e place.
Art. &D&7. )%e $ords Bone+%a f for eac%B or Bin e,ua s%aresB or any ot%ers $%ic%; t%oug% designating an a i,uot "art; do not identify it by suc% descri"tion as s%a !aEe eac% %eir t%e e?c usive o$ner of deter!inate "ro"erty; s%a not e?c ude t%e rig%t of accretion. In case of !oney or fungib e goods; if t%e s%are of eac% %eir is not ear!arEed; t%ere s%a be a rig%t of accretion. Art. &D&C. In ega succession t%e s%are of t%e "erson $%o re"udiates t%e in%eritance s%a a $ays accrue to %is co+%eirs. 2alane+ Accretion ta6es place onl% if there is no representation. Some rules from Art. 1D1C *% implication+ 1. In renunciation. there is alwa%s accretion. 0h%1 2ecause there is no representation in renunciation. 4his applies onl% to intestac% and testamentar% succession. ". In intestac%. appl% representation first. If there is none. then accretion will appl%. &. In testamentar% succession. appl% su*stitution first. If there is no su*stitution. then accretion will appl%.
Art. &D&'. )%e %eirs to $%o! t%e "ortion goes by t%e rig%t of accretion taEe it in t%e sa!e "ro"ortion t%at t%ey in%erit.
'A<# 1")

2alane+ 4his implies proportion is different. 4his applies in intestac% and not to testamentar% (succession.) In testamentar% (succession). shares are alwa%s equal *ec. of designation of shares. In intestac%. it is possi*le to ha(e different shares. #.g.. full and half *lood. #$ample. G A 2 3
#state N @DD.DDD. If 3 predecease G. then 2 N "DD.DDD O )D.DDD N ")D.DDD 3 N "DD.DDD O )D.DDD N ")D.DDD N 1DD.DDD O "D.DDD N 1"D.DDD Share of 3 di(ided in the proportion the% were to inherit. Art. &D:D. )%e %eirs to $%o! t%e in%eritance accrues s%a succeed to a t%e rig%ts and ob igations $%ic% t%e %eir $%o renounced or cou d not receive it $ou d %ave %ad. 2alane+ 1. 3o-heirs get (their) share with the same o*ligations and conditions. ". 3an representati(es get accretion1 >es. If person represented will get the accretion. then the representati(e should (also) get the accretion. Illustration+ a1 ------A 7 L M a" L L ----2 G ----L L ----3 L ----#state is worth @DD. A predeceased G. 2 renounced. If all present. then 1?D each. a1 and a" N 1?D O ?D N "DD 3 N 1?D O ?D N "DD N 1?D O ?D N "DD 2;s share acquired *% the others *% accretion 1?D a1 and a" get accretion *ec. the% represent A in A;s rights as if A is still around. 4he% stand in the same position as a person represented. a1 and a" get A? each *% right of representation. and "? each *% accretion.
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Art. &D:&. A!ong t%e co!"u sory %eirs t%e rig%t of accretion s%a taEe " ace on y $%en t%e free "ortion is eft to t$o or !ore of t%e!; or to any of t%e! and to a stranger. S%ou d t%e "art re"udiated be t%e egiti!e; t%e ot%er co+%eirs s%a succeed to in t%eir o$n rig%t; and not by t%e rig%t of accretion. Art. &D::. In testa!entary succession; $%en t%e rig%t of accretion does not taEe " ace; t%e vacant "ortion of t%e instituted %eirs; if no substitute %as been designated; s%a "ass to t%e ega %eirs of t%e testator; $%o s%a receive it $it% t%e sa!e c%arges and ob igations. Art. &D:8. Accretion s%a a so taEe " ace a!ong devisees; usufructuaries under t%e sa!e conditions estab is%ed for %eirs. Section :.++ Capacity to &ucceed "y Will or "y Intestacy. Art. &D:>. Persons not inca"acitated by a$ !ay succeed by $i or a" intestato. )%e "rovisions re ating to inca"acity by $i are e,ua y a"" icab e to intestate succession. 2alane+ 'ar. 1.-- !b intestato refers *oth to legitime and intestac%. 'ar. ".-- Mista6e - not true. Incapacit% to succeed *% will. 1D"A. 1D"C and 1D&". are the% applica*le to intestac%1 ,ot all. a. Applies onl% to incapacit% *% will.-- Articles 1D"A. paragraphs 1 to ?. 1D"C (applica*le onl% in testamentar% succession.) *. Applies to *oth.-- Articles 1D"A. par. @. 1D&".) Art. &D:A. In order to be ca"acitated to in%erit; t%e %eir; devisee or egatee !ust be iving at t%e !o!ent t%e succession o"ens; e?ce"t in case of re"resentation; $%en it is "ro"er. A c%i d a ready conceived at t%e ti!e of t%e deat% of t%e decedent is ca"ab e of succeeding "rovided it be born ater under t%e conditions "rescribed in artic e >&. 2alane+ <eneral rule+ Succession opens at the death of the decedent. (Art. AAA.) 4he heir must *e ali(e when succession opens. 4he same as Art. 1D&). #$ception+ 5In case of representation. when proper.5 4his is wrong. 4he representati(e must *e ali(e when the decedent dies. Illustration+ G 7 L M A 2 3 L *1 1. 2 dies on Fan. 1EE@. 2;s wife is pregnant. G dies in March 1EE@. *1 is *orn in Ful% 1EE@. 0as *1 ali(e when G died1 >es. Art. )1. the foetus is considered ali(e from the moment egatees and
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of conception. 4his is not an e$ception *ec. *1 is ali(e. ". 2 is disinherited in 1EE@. G dies in 1EEA. *1 is *orn in 1EEE. a. 3an *1 represent 21 ,o. 8e was not li(ing at the time G died. *. 3an *1 inherit from G1 ,o. Art. 1D"?. par. 1. 'arish 'riest of Hictoria (. Rigor -- In the case. the priest pro(ided that his estate will go to an% of the nephews who ma% enter the priesthood. 4he nephew claiming. howe(er. was *orn after the priest had died. As such . the nephew cannot inherit.
Art. &D:(. A testa!entary dis"osition !ay be !ade to t%e State; "rovinces; !unici"a cor"orations; "rivate cor"orations; organiHations; or associations for re igious; scientific; cu tura ; educationa ; or c%aritab e "ur"oses. A ot%er cor"orations or entities !ay succeed under a $i ; un ess t%ere is a "rovision to t%e contrary in t%eir c%arter or t%e a$s of t%eir creation; and a $ays sub6ect to t%e sa!e. 2alane+ I+ 3an %ou ma6e a testamentar% disposition in fa(or of =uridical persons1 A+ >es. if allowed *% their charter. 4he% must e$ist. howe(er. at the time of the death of the decedent. #.g.. 5I gi(e 17& of m% estate to a(id-,a(ato -rganiBation. a non-incorporated org.5 Is this (alid1 ,o. It has no =uridical personalit%
Artic e &D:7. )%e fo o$ing are inca"ab e of succeeding: .&/ )%e "riest $%o %eard t%e confession of t%e testator during %is ast i ness; or t%e !inister of t%e gos"e $%o e?tended s"iritua aid to %i! during t%e sa!e "eriod9 .:/ )%e re atives of suc% "riest or !inister of t%e gos"e $it%in t%e fourt% degree; t%e c%urc%; order; c%a"ter; co!!unity; organiHation; or institution to $%ic% suc% "riest or !inister !ay be ong9 .8/ A guardian $it% res"ect to testa!entary dis"ositions given by a $ard in %is favor before t%e fina accounts of t%e guardians%i" %ave been a""roved; even if t%e testator s%ou d die after t%e a""rova t%ereof9 nevert%e ess; any "rovision !ade by t%e $ard in favor of t%e guardian $%en t%e atter is %is ascendants; descendant; brot%er; sister; or s"ouse; s%a be va id9 .>/ Any attesting $itness to t%e e?ecution of a $i ; t%e s"ouse; "arents; or c%i dren; or any one c ai!ing under suc% $itness; s"ouse; "arents; or c%i dren9 .A/ Any "%ysician; surgeon; nurse; %ea t% officer or druggist $%o tooE care of t%e testator during %is ast i ness9 .(/ Individua s; associations and cor"orations not "er!itted by a$ to in%erit. 2alane+ ,um*ers 1 to ? ha(e no application to legitimes. A. #$ample num*er 1. A. a priest. is a friend of 2. 2 regularl% goes to confession to A. 2 then *ecomes seriousl% ill. 8e e$ecutes a will instituting A to 17& to his estate. Is this testamentar% disposition (alid or is A capacitated to inherit from 21 >es. #$ample num*er ". -n his death*ed. G ma6es a will instituting >. a priest. 4hin6ing he
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will die. G calls > to confess. Is > capacitated to inherit from G1 >es. 1. 0hen does par. 1 appl%. in other words. when is the priest incapacitated to succeed1 a. 0hen the confession is made prior to the ma6ing of a will. If simultaneous. the priest is still disqualified. If the will is made first. the priest can inherit. *. If the confession was made *efore the will was made and the priest is the son of the sic6 person. can the priest inherit upon the death of the sic6 person1 >es. 8e can get the legitime. If the priest were a *rother1 >es. 8e can inherit *% intestac%. isqualification applies onl% to testamentar% dispositions. ". 5'riest or minister of the gospel.5-espite this apparent restriction to 3hristian ministers. this applies to all spiritual ministers. e.g.. 2uddhist mon6s. 0h%1 2ecause it is conclusi(el% presumed that the spiritual minister used his moral influence to induce or influence the sic6 person to ma6e a testamentar% disposition in his fa(or. &. Requisites+ a. 4he will was made during the last illness *. 4he spiritual ministration must ha(e *een e$tended during the last illness c. 4he will was e$ecuted during or after the spiritual ministration. 2. Relati(es of the priest of minister of the gospel 4his widens the disqualification in A. -mission was made of the spouse of the minister of the gospel. 0hat do %ou do1 Appl% Art. 1D&1. 4o disqualif% the spouse. %ou ha(e to show that the testamentar% *enefaction gi(en to the wife was meant to *enefit the minister. 4his is harder to pro(e. 3. <uardian <eneral rule+ isqualification applies when the disposition is made+ After the guardianship *egan (*eginning of the guardianship) --- 2efore termination of guardianship (appro(al of final accounts or lifting of guardianship.) #$ception+ isposition is (alid when the guardian is an ascendant. descendant. *rother. sister or spouse. 1. 4his e$ception is not present in the case of a priest. 0h%1 4he% were deri(ed different laws. 4he omission in the case of the priest was stupid. ". Seems to refer onl% to guardian of the propert%. 3ommentators agree that this also co(ers guardians o(er the person *ec. the latter ha(e more opportunit% to influence the ward. . Attesting witness. 3orrelate this w7 Art. E"&. <eneral rule+ 0itness. spouse.... are disqualified. #$ception+ If there are three (&) other witnesses to the will. #. 'h%sician. surgeon. nurse. health officer or druggist.
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4he latter must ha(e ta6en care of the sic6 person. Requisites+ 1. 4he will was made during the last illness ". 4he sic6 person must ha(e *een ta6en cared of during his last illness. Medical attendance was made. &. 4he will was e$ecuted during or after he was *eing ta6en cared of. Art. &D:C. )%e "ro%ibitions !entioned in artic e 78'; concerning donations inter vivos s%a a"" y to testa!entary "rovisions.
Artic e 78'. )%e fo o$ing donations s%a be void: .&/ )%ose !ade bet$een "ersons $%o $ere gui ty of adu tery or concubinage at t%e ti!e of t%e donation9 .:/ )%ose !ade bet$een "ersons found gui ty of t%e sa!e cri!ina offense; in consideration t%ereof9 .8/ )%ose !ade to a "ub ic officer or %is $ife; descendants and ascendants; by reason of %is office. In t%e case referred to in No. &; t%e action for dec aration of nu ity !ay be broug%t by t%e s"ouse of t%e donor or donee9 and t%e gui t of t%e donor and donee !ay be "roved by "re"onderance of evidence in t%e sa!e action.
2alane+ 4his applies onl% to testamentar% succession. Art. &D:'. S%ou d t%e testator dis"ose of t%e $%o e or "art of %is "ro"erty for "rayers and "ious $orEs for t%e benefit of %is sou ; in genera ter!s and $it%out s"ecifying it a"" ication; t%e e?ecutor; $it% t%e courtGs a""rova s%a de iver one+%a f t%ereof or its "roceeds to t%e c%urc% or deno!ination to $%ic% t%e testator !ay be ong; to be used for suc% "rayers and "ious $orEs; and t%e ot%er %a f to t%e State; for t%e "ur"oses !entioned in artic e &D&8. 2alane+ isposition in fa(or of+ (a) pra%ers! (*) pious wor6s-- for the soul of the testator. 17" to the 3hurch which the testator *elongs and 17" to the State. 4his is *ecause of Art. 1D"E. this is not a disposition in fa(or of an un6nown person.
Art. &D8D. )esta!entary "rovisions in favor of t%e "oor in genera ; $it%out designation of "articu ar "ersons or of any co!!unity; s%a be dee!ed i!ited to t%e "oor iving in t%e do!ici e of t%e testator at t%e ti!e of %is deat%; un ess it s%ou d c ear y a""ear t%at %is intention $as ot%er$ise. )%e designation of t%e "ersons $%o are to be considered as "oor and t%e distribution of t%e "ro"erty s%a be !ade by t%e "erson a""ointed by t%e testator for t%e "ur"ose9 in defau t of suc% "erson; by t%e e?ecutor9 and s%ou d t%ere be no e?ecutor; by t%e 6ustice of t%e "eace; t%e !ayor; and t%e !unici"a treasurer; $%o s%a decide by a !a6ority of votes a ,uestions t%at !ay arise. In a t%ese cases; t%e a""rova of t%e Court of 4irst Instance s%a be necessary. )%e "receding "aragra"% s%a a"" y $%en t%e testator %as dis"osed of %is "ro"erty in favor of t%e "oor of a definite oca ity.
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2alane+ 1. 4his is limited to the poor li(ing at the domicile of the testator upon his death. 4his is not clear. 0hat is the scope of domicile1 oes it refer to countr%. pro(ince. cit% or *aranga%1 ". 0ho is to designate1 (In the order of preference) a. 'erson appointed *% the testator for that purpose *. #$ecutor c. M43 =udge. ma%or. municipal treasurer. 4his ne(er happens *ec. if there are no a and *. the court appoints an administrator. Art. &D8&. A testa!entary "rovision in favor of a dis,ua ified "erson; even t%oug% !ade under t%e guise of an onerous contract; or !ade t%roug% an inter!ediary; s%a be void. 2alane+ 0hat %ou cannot do directl%. %ou cannot do indirectl%. 4his is the same as Art. C@A. par. ).-- :se of a (a) dumm%! (*) contract Artic e &D8:. )%e fo o$ing are inca"ab e of succeeding by reason of un$ort%iness: .&/ Parents $%o %ave abandoned t%eir c%i dren or induced t%eir daug%ters to ead a corru"t or i!!ora ife; or atte!"ted against t%eir virtues9 .:/ Any "erson $%o %as been convicted of an atte!"t against t%e ife of t%e testator; %is or %er s"ouse; descendants or ascendants9 .8/ Any "erson $%o %as accused t%e testator of a cri!e for $%ic% t%e a$ "rescribes i!"rison!ent for si? years or !ore; if t%e accusation %as been found to be ground ess9 .>/ Any %eir of fu age $%o; %aving Eno$ edge of t%e vio ent deat% of t%e testator; s%ou d fai to re"ort it to an officer of t%e a$ $it%in a !ont%; un ess t%e aut%orities %ave a ready taEen action9 t%is "ro%ibition s%a not a"" y to cases $%erein; according to a$; t%ere is no ob igation to !aEe an accusation9 .A/ Any "erson convicted of adu tery or concubinage $it% t%e s"ouse of t%e testator9 .(/ Any "erson $%o by fraud; vio ence; inti!idation; or undue inf uence s%ou d cause t%e testator to !aEe a $i or to c%ange one a ready !ade9 .7/ Any "erson $%o by t%e sa!e !eans "revents anot%er fro! !aEing a $i ; or fro! revoEing one a ready !ade; or $%o su"" ants; concea s; or a ters t%e atterGs $i 9 .C/ Any "erson $%o fa sifies or forges a su""osed $i of t%e decedent. 2alane+ <rounds 1. ". &. ? and @ are the same as in disinheritance. ,um*er ) has no application *ecause there is no o*ligation to accuse. 4here is no law that o*ligates to accuse. -nl% a ci(ic or moral dut% *ut not a legal dut%. ,um*ers @. A and C co(er si$ (@) cases of acts relating to a will+ a. 3ausing the testator to ma6e a will *. 3ausing the testator to change an e$isting will c. 're(enting the decedent from ma6ing a will d. 're(enting the testator from re(o6ing his will e. Supplanting. concealing. or altering the testator;s will. f. 9alsif%ing or forging a supposed will of the decedent. 4here is no conflict with disinheritance despite similar grounds. Illustration+ A. son of 2. tries to 6ill 2. 2 ma% disinherit him or not. If 2 disinherits him
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under Art. E1E. then A is disqualified to inherit. 8owe(er. e(en if 2 did not disinherit A. A is incapacitated to inherit *ec. of Art. 1D&". If disinherited under Art. E1E. there is dou*le disinheritance. isinheritance in the will is redundant. In the common grounds. %ou do not ha(e to disinherit in Art. E1E since the effect of Articles E1E and 1D&" are the same. Art. &D88. )%e causes of un$ort%iness s%a be $it%out effect if t%e testator %ad Eno$ edge t%ereof at t%e ti!e %e !ade t%e $i ; or if; %aving Eno$n of t%e! subse,uent y; %e s%ou d condone t%e! in $riting. 2alane+ 1. a. 58ad 6nowledge at the time he made the will.5-- In this case. it is presumed that the testator had pardoned the offender. *. 5Jnown su*sequentl%.5-- ,eeds written pardon. ". 'ro*lem+ In disinheritance. incapacit% to disinherit is lifted *% reconciliation. 2ut in Art. 1D&&. there must *e a pardon in writing. 4his is strange. In Art. E1E - e$press will -- reconciliation is enough In Art. 1D&& - presumed will -- needs written pardon. 'ro*lem arises if the testator made a will disinheriting. 0hat rule do %ou appl% if the reason for disinheriting was a common ground1 a. If %ou follow the rules of disinheritance.-- >es. *. If %ou follow the rules of unworthiness.-- ,o. 3ommentators.-- Rules of disinheritance should appl%. 4o ma6e the rules of unworthiness appl% would *e gi(ing precedence to the presumed will o(er the e$press will. Art. &D8>. In order to 6udge t%e ca"acity of t%e %eir; devisee or egatee; %is ,ua ification at t%e ti!e of t%e deat% of t%e decedent s%a be t%e criterion. In cases fa ing under Nos. :; 8 or A of artic e &D8:; it s%a be necessary to $ait unti fina 6udg!ent is rendered; and in t%e case fa ing under No. >; t%e e?"irattion of t%e !ont% a o$ed for t%e re"ort. If t%e institution; devise or egacy s%ou d be conditiona ; t%e ti!e of t%e co!" iance $it% t%e condition s%a a so be considered. 2alane+ 4ime to =udge the capacit% of the heir. 'ar. 1.-- 4ime of death. correlate with par. 1 of Art. 1D"?. 4he time succession opens. no e$ceptions. 'ar. ".-- <rounds ". & and ?.-- 0ait for final =udgment when con(iction is needed. 'ar. &.-- 3onditional.-- 3onsider *oth time of compliance and time of death of the decedent. Art. &D8A. If t%e "erson e?c uded fro! t%e in%eritance by reason of inca"acity s%ou d be a c%i d or descendant of t%e decedent and s%ou d %ave c%i dren or descendant; t%e atter s%a ac,uire %is rig%t to t%e egiti!e. )%e "erson so e?c uded s%a not en6oy t%e usufruct and ad!inistration of t%e "ro"erty t%us in%erited by %is c%i dren.
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2alane+ 4his grants right of representation to children or descendants of incapacitated children or descendants. 4his co(ers the legitime and intestac%. It does not mention intestate share onl% legitime. 0h%1 2ecause Art. 1D&? assumes that the free portion has *een disposed of completel%. 2ut if not. then intestate share is included. Art. &D8(. A ienations of %ereditary "ro"erty; and acts of ad!inistration "erfor!ed by t%e e?c uded %eir; before t%e 6udicia order of e?c usion; are va id as to t%ird "ersons $%o acted in good fait%9 but t%e co+%eirs s%a %ave a rig%t to recover da!ages fro! t%e dis,ua ified %eir. 2alane+ 4his applies the doctrine of innocent purchaser for (alue without pre=udice to the right to damages of the pre=udiced heirs against the incapacitated heir. Art. &D87. )%e un$ort%y %eir $%o is e?c uded fro! t%e succession %as a rig%t to de!and inde!nity for any e?"enses incurred in t%e "reservation of t%e %ereditary "ro"erty; and to enforce suc% credits as %e !ay %ave against t%e estate. 2alane+ 4his is the right gi(en to e(er% possessor. whether he *e in good or *ad faith in Art. ))&. ,ecessar% e$penses for preser(ation. Art. &D8C. Any "erson inca"ab e of succession; $%o; disregarding t%e "ro%ibition stated in t%e "receding artic es; entered into "ossession of t%e %ereditary "ro"erty; s%a be ob iged to return it toget%er $it% its accessions. 1e s%a be iab e for a t%e fruits and rents %e !ay %ave received; or cou d %ave received t%roug% t%e e?ercise of due di igence. 2alane+ 'ossessor in *ad faith means he 6nows that he is incapacitated. 8e must return the propert%. fruits and rents. Art. &D8'. Ca"acity to succeed is governed by t%e a$ of t%e nation of t%e decedent. Art. &D>D. )%e action for a dec aration of inca"acity and for t%e recovery of t%e in%eritance; devise or egacy s%a be broug%t $it%in five years fro! t%e ti!e t%e dis,ua ified "erson tooE "ossession t%ereof. It !ay be broug%t by any one $%o !ay %ave an interest in t%e succession. 2alane+ Right of heir to reco(er the inheritance must *e e$ercised within fi(e %ears.
Section 8.++ %cceptance and #epudiation of the Inheritance. Art. &D>&. )%e acce"tance or re"udiation of t%e in%eritance is an act $%ic% is
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"ure y vo untary and free. 2alane+ 1. Acceptance.-- (a) (oluntar%! (*) free ". 2asic Rules a. Rules for acceptance are more li*eral than the rules of renunciation *ecause the former are *eneficial to the heir while the latter is pre=udicial to the heir. *. In case an heir is incompetent7 insane or a minor. acceptance or repudiation must *e made *% a representati(e. In case of renunciation. court appro(al is necessar% *ec. of a. Art. &D>:. )%e effects of t%e acce"tance or re"udiation s%a a $ays retroact to t%e !o!ent of t%e deat% of t%e decedent. 2alane+ 4his is *ecause of Art. AAA which states that 5the right to the succession are transmitted from the moment of the death of the decedent.5 Art. &D>8. No "erson !ay acce"t or re"udiate an in%eritance un ess %e is certain of t%e deat% of t%e "erson fro! $%o! %e is to in%erit; and of %is rig%t to t%e in%eritance. 2alane+ 4his article requires+ (a) certaint% of death! (*) right to inherit (is esta*lished.) Art. &D>>. Any "erson %aving t%e free dis"osa of %is "ro"erty !ay acce"t or re"udiate an in%eritance. Any in%eritance eft to !inors or inca"acitated "ersons !ay be acce"ted by t%eir "arents or guardians. Parents or guardians !ay re"udiate t%e in%eritance eft to t%eir $ards on y by 6udicia aut%oriHation. )%e rig%t to acce"t an in%eritance eft to t%e "oor s%a be ong to t%e "ersons designated by t%e testator to deter!ine t%e beneficiaries and distribute t%e "ro"erty; or in t%eir defau t to t%ose !entioned in artic e &D8D. 2alane+ 'ar. 1.-- Must ha(e capacit% to dispose of the propert%. a. -f age *. ,ot restricted in his capacit% to act. 'ar. ".-- Minors or incapacitated can inherit through their parents or legal guardians. 2ut to renounce. =udicial appro(al is necessar%. Art. &D>A. )%e a$fu re"resentatives of cor"orations; associations; institutions and entities ,ua ified to ac,uire "ro"erty !ay acce"t any in%eritance eft to t%e atter; but in order to re"udiate it; t%e a""rova of t%e court s%a be necessary. 2alane+ Acceptance needs a lawful representati(e while renunciation needs court appro(al. Art. &D>(. Pub ic officia estab is%!ents can neit%er acce"t nor re"udiate an in%eritance $it%out t%e a""rova of t%e govern!ent.
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Art. &D>7. A !arried $o!an of age !ay re"udiate an in%eritance $it%out t%e consent of %er %usband. 2alane+ <eneral rule+ A married woman ma% accept without the consent of her hus*and. #$ception+ If she is insane. In this case. howe(er. the marriage is not the reason for the incapacit%. Art. &D>C. *eaf+!utes $%o can read and $rite !ay acce"t or re"udiate t%e in%eritance "ersona y or t%roug% an agent. S%ou d t%ey not be ab e to read and $rite; t%e in%eritance s%a be acce"ted by t%eir guardians. )%ese guardians !ay re"udiate t%e sa!e $it% 6udicia a""rova . 2alane+ <eneral rule+ 2eing a deaf-mute is not a restriction on the a*ilit% to accept or renounce as long as he can read and write. 8e ma% accept or renounce personall% or through an agent. #$ception+ If he cannot read or write. he can onl% accept through a guardian. If he renounces. the renunciation needs court appro(al. Art. &D>'. Acce"tance !ay be e?"ress or tacit. An e?"ress acce"tance !ust be !ade in a "ub ic or "rivate docu!ent. A tacit acce"tance is one resu ting fro! t%e acts by $%ic% t%e intention to acce"t is necessari y i!" ied; or $%ic% one $ou d %ave no rig%t to do e?ce"t in t%e ca"acity of an %eir. Acts of !ere "reservation or "rovisiona ad!inistration do not i!" y an acce"tance of t%e in%eritance if; t%roug% suc% acts; t%e tit e or ca"acity of an %eir %as not been assu!ed. 2alane+ 9orms of acceptance+ 1. #$press.-- In clear and e$plicit terms. In writing. whether in a pri(ate or pu*lic document. ". 4acit.-- Art. 1D?D.-- Results from acts from which intent to accept is implied. &. Implied.-- Art. 1D?A.-- If does not do an%thing w7in thirt% (&D) da%s. then it is deemed accepted. Art. &DAD. An in%eritance is dee!ed acce"ted: .&/ If t%e %eirs se s; donates; or assigns %is rig%t to a stranger; or to %is co+%eirs; or to any of t%e!9 .:/ If t%e %eir renounces t%e sa!e; even t%oug% gratuitous y; for t%e benefit of one or !ore of %is co+%eirs9 .8/ If %e renounces it for a "rice in favor of a %is co+%eirs indiscri!inate y9 but if t%is renunciation s%ou d be gratuitous; and t%e co+%eirs in $%ose favor it is !ade are t%ose u"on $%o! t%e "ortion renounced s%ou d devo ve by virtue of accretion; t%e in%eritance s%a not be dee!ed as acce"ted. 2alane+ 'ar. 1.-- Acts of ownership-- to do these acts. the heir must ha(e accepted the inheritance. 'ar. ".-- 8eir is reall% gi(ing it-- to do this. the heir must ha(e accepted it first
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'ar. &.-- Sells it-- must ha(e acquired something *efore %ou can sell. 8owe(er. if gratuitous in fa(or of co-heirs indiscriminatel%. to whom it would ha(e de(ol(ed *% accretion. then true renunciation.
Art. &DA&. )%e re"udiation of an in%eritance s%a be !ade in a "ub ic or aut%entic instru!ent; or by "etition "resented to t%e court %aving 6urisdiction over t%e testa!entary or intestate "roceedings. 2alane+ 9orms of renunciation+ 1. 'u*lic or authentic document ". 'etition presented to the court. Strict form is required. -ne cannot renounce tacitl% or impliedl%. Art. &DA:. If t%e %eir re"udiates t%e in%eritance to t%e "re6udice of %is o$n creditors; t%e atter !ay "etition t%e court to aut%oriHe t%e! to acce"t it in t%e na!e of t%e %eir. )%e acce"tance s%a benefit t%e creditors on y to an e?tent sufficient to cover t%e a!ount of t%eir credits. )%e e?cess; s%ou d t%ere be any; s%a in no case "ertain to t%e renouncer; but s%a be ad6udicated to t%e "ersons to $%o!; in accordance $it% t%e ru es estab is%ed in t%is Code; it !ay be ong. 2alane+ !ccion Pauliana.-- 4he right of the creditor to set aside dispositions or renunciations pre=udicial to them. 8ow much1 4o the e$tent to co(er the de*t onl%. 4he e$cess is gi(en to whom it would properl% *elong. 4his assumes that %ou do not ha(e enough mone% to pa% %our creditors.
Art. &DA8. If t%e %eir s%ou d die $it%out %aving acce"ted or re"udiated t%e in%eritance %is rig%t s%a be trans!itted to %is %eirs. 2alane+ 0h%1 2ecause the right has (ested in him at the time the decedent died. Art. &DA>. S%ou d t%ere be severa %eirs ca ed to t%e in%eritance; so!e of t%e! !ay acce"t and t%e ot%ers !ay re"udiate it. 2alane+ Illustration+ G ---------L L L A 2 3 ----L L L a*c
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G died on Fan. 1. 1EE@. A died on Fan. 1). 1EE@ without ha(ing accepted or repudiated the inheritance. a. * and c get the rights of A. An% of them ma% renounce. If a and * renounce. then "7& of A;s share is deemed renounced. ,o accretion ta6es place *etween a. * and c. 'artial acceptance is allowed. #.g.. 2 renounces "7& of what he will get. Art. &DAA. If a "erson; $%o is ca ed to t%e sa!e in%eritance as an %eir by $i and a" intestato; re"udiates t%e in%eritance in %is ca"acity as a testa!entary %eir; %e is understood to %ave re"udiated it in bot% ca"acities. S%ou d %e re"udiate it as an intestate %eir; $it%out Eno$ edge of %is being a testa!entary %eir; %e !ay sti acce"t it in t%e atter ca"acity. 2alane+ If the heir is *oth a testate and intestate heir+ 1. If he renounces in a testate capacit%.-- 8e is deemed to ha(e renounced in *oth capacities. 0h%1 If the heir re=ected an e$press will. then he is deemed to ha(e re=ected the implied will. ". If he renounces in an intestate capacit%. whether he had 6nowledge that he was a testate heir or not. onl% his capacit% to inherit as an intestate heir is renounced. #(en if he had 6nowledge. he ma% want to accept the testate share to show respect for the will of the testator. 'hilosoph% *ehind this is that testamentar% succession is superior to intestate succession. ,ote+ /egitime is treated separatel%.-- 4his ma% *e accepted or renounced separatel%. 4he heir ma% accept the testate share and re=ect the legitime and (ice (ersa. Art. &DA(. )%e acce"tance or re"udiation of an in%eritance; once !ade; is irrevocab e; and cannot be i!"ugned; e?ce"t $%en it $as !ade t%roug% any of t%e causes t%at vitiate consent; or $%en an unEno$n $i a""ears. 2alane+ <eneral rule+ Irre(oca*ilit% of acceptance or repudiation. #$ceptions+ 1. Hitiated consent. e.g.. when there is fraud ". 0hen an un6nown will appears.-- >ou cannot renounce what %ou do not 6now. Art. &DA7. 2it%in t%irty days after t%e court %as issued an order for t%e distribution of t%e estate in accordance $it% t%e Ru es of Court; t%e %eirs; devisees and egatees s%a signify to t%e court %aving 6urisdiction $%et%er t%ey acce"t or re"udiate t%e in%eritance. If t%ey do not do so $it%in t%at ti!e; t%ey are dee!ed to %ave acce"ted t%e in%eritance. 2alane+ Implied acceptance.-- 4he thirt% da% period is counted from the receipt of the order.
Section >.++ )!ecutors and %dministrators.
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Art. &DAC. A !atters re ating to t%e a""oint!ent; "o$ers and duties of e?ecutors and ad!inistrators and concerning t%e ad!inistration of estates of deceased "ersons s%a be governed by t%e Ru es of Court. Art. &DA'. If t%e assets of t%e estate of a decedent $%ic% can be a"" ied to t%e "ay!ent of debts are not sufficient for t%at "ur"ose; t%e "rovisions of artic es ::8' to ::A& on Preference of Credits s%a be observed; "rovided t%at t%e e?"enses referred to in artic e ::>>; No. C; s%a be t%ose invo ved in t%e ad!inistration of t%e decedentGs estate. Art. &D(D. A cor"oration or association aut%oriHed to conduct t%e business of a trust co!"any in t%e P%i i""ines !ay be a""ointed as an e?ecutor; ad!inistrator; guardian of an estate; or trustee; in iEe !anner as an individua 9 but it s%a not be a""ointed guardian of t%e "erson of a $ard. 2alane+ Articles 1D?C to 1D@D.-- 9or the procedural aspects. see Rules A& to E1 of the Rules of 3ourt. Section A.++ Collation. 2alane+ efinition+ Steps ta6en to settle the estate to *e a*le to gi(e it to the heirs.
4hree (&) senses+ 1. Computation.-- <et together all assets. su*tract the de*ts and add the donations to get the net hereditar% estate. ". &mputation.-- etermine if the donation is chargea*le7 imputa*le to the legitime or the free portion. <eneral rule+ If compulsor% heir. imputa*le to the legitime. #$ception+ If testator has pro(ided otherwise. &. Restoration, return.++ If donation to a stranger e$ceeds the free portion. he would ha(e to gi(e *ac6 to the estate as much as is needed to complete the legitimes. 4his will not happen if the legitimes are not impaired. Art. &D(&. Every co!"u sory %eir; $%o succeeds $it% ot%er co!"u sory %eirs; !ust bring into t%e !ass of t%e estate any "ro"erty or rig%t $%ic% %e !ay %ave received fro! t%e decedent; during t%e ifeti!e of t%e atter; by $ay of donation; or any ot%er gratuitous tit e; in order t%at it !ay be co!"uted in t%e deter!ination of t%e egiti!e of eac% %eir; and in t%e account of t%e "artition. 2alane+ 9irst sense. computation. 4his is the same as the third step in Art. EDC. Inaccurac% in the pro(ision.-- 5collation done *% compulsor% heirs.5-- All donations are collated pro(ided there is at least one compulsor% heir *ec. there will *e a legitime.
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Art. &D(:. Co ation s%a not taEe " ace a!ong co!"u sory %eirs if t%e donor s%ou d %ave so e?"ress y "rovided; or if t%e donee s%ou d re"udiate t%e in%eritance; un ess t%e donation s%ou d be reduced as inofficious. 2alane+ Second sense. imputation. (Articles EDE. E1D.) <eneral rule+ onation to a compulsor% heir shall *e collated (imputed) to his legitime. #$ceptions+ (1) onor pro(ides otherwise. In such a case. it will *e imputed to the free portion. (") onee repudiates the inheritance. Art. &D(8. Pro"erty eft by $i is not dee!ed sub6ect to co ation; if t%e testator %as not ot%er$ise "rovided; but t%e egiti!e s%a in any case re!ain uni!"aired. 2alane+ Second sense. imputation. 4estamentar% isposition. 4his is imputed against the free portion and not against the legitime. 4he heir gets legitime O testamentar% disposition. 0h%1 If not. what is the use1 8e will get it an%wa%. :nless. of course. if it impairs the legitime of others. Art. &D(>. 2%en grandc%i dren; $%o survive $it% t%eir unc es; aunts; or cousins; in%erit fro! t%eir grand"arents in re"resentation of t%eir fat%er or !ot%er; t%ey s%a bring to co ation a t%at t%eir "arents; if a ive; $ou d %ave been ob iged to bring; even t%oug% suc% grandc%i dren %ave not in%erited t%e "ro"erty. )%ey s%a a so bring to co ation a t%at t%ey !ay %ave received fro! t%e decedent during %is ifeti!e; un ess t%e testator %as "rovided ot%er$ise; in $%ic% case %is $is%es !ust be res"ected; if t%e egiti!e of t%e co+%eirs is not "re6udiced. 2alane+ Second sense. imputation. 5<randchildren5 refer to all descendants who inherit *% representation. Illustration+ G 7 A 2 @ J *1 *" M
2 predeceased G. 1. In 1ECC. G donated to 2 'AD.DDD. ". In "DD1. G donated to *1 and *" '?D.DDD 0hat will *1 and *" impute when G dies1 'ar. 1.-- 1ECC donation.-- >es *ec. 2 would ha(e imputed it (if he) were he ali(e. 'ar. ".-- "DD1 donation.-- >es. 4his is not logical *ec. *1 and *" inherit *% representation. 4he general rule is that onl% persons who recei(e the donation are *ound to impute it.
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Art. &D(A. Parents are not ob iged to bring to co ation in t%e in%eritance of t%e ascendants any "ro"erty $%ic% !ay %ave been donated by t%e atter to t%eir c%i dren. 2alane+ Second sense. imputation. Illustration+ G 7 A 2 K @ J a1 *1 *" In 1EE?. G donated to a1. In "DD1. G dies while A is still ali(e. 0ill A impute the donation to a11 ,o. a1 is considered a stranger *ec. he is not a compulsor% heir. Impute (s. the free portion. Art. &D((. Neit%er s%a donations to t%e s"ouse of t%e c%i d be broug%t to co ation9 but if t%ey %ave been given by t%e "arent to t%e s"ouses 6oint y; t%e c%i d s%a be ob iged to bring to co ation one+%a f of t%e t%ing donated. 2alane+ Second sense. imputation. Illustration+ G K A; ++++A 4wo cases+ 1. G donates to A; onl%. imputed to the free portion. ". G donates to *oth A and A;. impute 17" to legitime of A and 17" to the free portion. Rule+ onation gi(en to the spouse will not *e imputed to the legitime of the descendant spouse *ec. the spouse is considered a stranger. Art. &D(7. E?"enses for su""ort; education; !edica ; attendance; even in e?traordinary i ness; a""rentices%i"; ordinary e,ui"!ent; or custo!ary gifts are not sub6ect to co ation. 2alane+ 9irst sense. computation. 1. -(erlap *etween support in the ,33 and in the 93.-- Support in the 93 alread% includes medical attendance. ". All e$penses in Art. 1D@A are not imputed to the legitime.-- Including @ things in support in the 93. Art. &D(C. E?"enses incurred by t%e "arents in giving t%eir c%i dren a "rofessiona ; vocationa or ot%er career s%a not be broug%t into co ation un ess t%e "arents so "rovide; or un ess t%ey i!"air t%e egiti!e9 but $%en t%eir co ation is re,uired; t%e su! $%ic% t%e c%i d $ou d %ave s"ent if %e %ad ived in t%e %ouse and co!"any of %is "arents s%a be M
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deducted t%erefro!. 2alane+ Second sense. imputation. 4his qualifies Art. 1D@A. <eneral rule+ Imputed (ersus the free portion. #$ceptions+ (1) 0hen parents pro(ide otherwise (") 0hen it impairs the legitimes of other compulsor% heirs. 2ut if %ou li(ed awa% from home. deduct the li(ing e$penses from what would *e imputed against %our legitime. 4his is inconsistent *ec. this is included in support under the 9amil% 3ode. Art. &D('. Any su!s "aid by a "arent in satisfaction of t%e debts of %is c%i dren; e ection e?"enses; fines; and si!i ar e?"enses s%a be broug%t to co ation. 2alane+ Second sense. imputation. Art. &D7D. 2edding gifts by "arents and ascendants consisting of 6e$e ry; c ot%ing; and outfit; s%a not be reduced as inofficious e?ce"t insofar as t%ey !ay e?ceed one+tent% of t%e su! $%ic% is dis"osab e by $i . 2alane+ Second sense. imputation. 0edding gifts.-- 4wo (iews+ 1. /iteral.-- 3annot *e *e%ond 171D of the free portion. If it e$ceeds. return the e$cess. ". /i*eral.-a. *elow 171D of the free portion. impute to the free portion *. a*o(e 171D of the free portion. impute to the legitime.
#.g.. #state is worth @DD. 4here are & children. /egitimes N &DD. 0hen A got married. he was gi(en a gift of )D. 4his is more than 171D of the free portion. 1. /iteral N &D. impute to the legitime 1D. return ". /i*eral N &D. impute to the free portion 1D. impute to the legitime. Art. &D7&. )%e sa!e t%ings donated are not to be broug%t to co ation and "artition; but on y t%eir va ue at t%e ti!e of t%e donation; even t%oug% t%eir 6ust va ue !ay not t%en %ave been assessed. )%eir subse,uent increase or deterioration and even t%eir tota oss or destruction; be it accidenta or cu "ab e; s%a be for t%e benefit or account and risE of t%e donee. 2alane+ 'ar. 1.-- 9irst and second senses. computation and imputation. 0hat do %ou compute1 4he (alue at the time of the donation. 'ar. ".-- An% change in the (alue is for the account of the donee. 0h%1 2ec. the donee is the owner of the thing donated. (Res perit domino.)
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Art. &D7:. In t%e co ation of a donation !ade by bot% "arents; one+%a f s%a be broug%t to t%e in%eritance of t%e fat%er; and t%e ot%er %a f; to t%at of t%e !ot%er. )%at given by one a one s%a be broug%t to co ation in %is or %er in%eritance. 2alane+ 9irst and second senses. computation and imputation. 4his pro(ision contemplates =oint donation *% parents from their common propert%. a. 17" computed for determination of the estate of the hus*and. *. 17" computed for determination of the estate of the wife. Same rule for imputation w7 respect to the donee. Impute 17" to father and 17" to mother. Art. &D78. )%e doneeGs s%are of t%e estate s%a be reduced by an a!ount e,ua to t%at a ready received by %i!9 and %is co+ %eirs s%a receive and e,uiva ent; as !uc% as "ossib e; in "ro"erty of t%e sa!e nature; c ass and ,ua ity. 2alane+ Second sense. imputation. In partition. there should *e among heirs of the same class. as much as possi*le. equalit% not onl% as to (alue *ut also as to 6ind and nature. 4his is su*=ect. of course. to a contrar% agreement of the heirs concerned. Art. &D7>. S%ou d t%e "rovisions of t%e "receding artic e be i!"racticab e; if t%e "ro"erty donated $as i!!ovab e; t%e co+%eirs s%a be entit ed to receive its e,uiva ent in cas% or securities; at t%e rate of ,uotation9 and s%ou d t%ere be neit%er cas% nor !arEetab e securities in t%e estate; so !uc% of t%e ot%er "ro"erty as !ay be necessary s%a be so d at "ub ic auction. If t%e "ro"erty donated $as !ovab e; t%e co+%eirs s%a on y %ave a rig%t to se ect an e,uiva ent of ot%er "ersona "ro"erty of t%e in%eritance at its 6ust "rice. 2alane+ Second sense. imputation. Applies if Art. 1DA& is not possi*le. 1. Immo(a*les-- cash or securities ". Mo(a*les-- similarl% (alued mo(a*le Art. &D7A. )%e fruits and interest of t%e "ro"erty sub6ect to co ation s%a not "ertain to t%e estate e?ce"t fro! t%e day on $%ic% t%e succession is o"ened. 4or t%e "ur"ose of ascertaining t%eir a!ount; t%e fruits and interest of t%e "ro"erty of t%e estate of t%e sa!e Eind and ,ua ity as t%at sub6ect to co ation s%a be !ade t%e standard of assess!ent. 2alane+ 4hird sense. return. 1. Assume that the propert% donated has to *e returned *ec. the legitime has *een impaired. 4he return ma% *e total or partial. ". onee ma% return+ (a) propert%! (*) cash (alue
&. -*ligation to return arises at the time of death. 4he fruits are also returned from that time. 4he amount depends on how much of the propert% has to *e returned.
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#.g.. A donated to G a mango plantation. 1. If G has to return all. return all the fruits from the time of the death of A. ". If G has to return 17". return 17" of the fruits from the time of the death of A. 2a(iera+ At the moment of death of donor. donee;s right o(er the propert% is modified Art. &D7(. )%e co+%eirs are bound to rei!burse to t%e donee t%e necessary e?"enses $%ic% %e %as incurred for t%e "reservation of t%e "ro"erty donated to %i!; t%oug% t%ey !ay not %ave aug!ented its va ue. )%e donee $%o co ates in Eind an i!!ovab e; $%ic% %as been given to %i!; !ust be rei!bursed by %is co+%eirs for t%e i!"rove!ents $%ic% %ave increased t%e va ue of t%e "ro"erty; and $%ic% e?ists at t%e ti!e t%e "artition is effected. As to $orEs !ade on t%e estate for t%e !ere " easure of t%e donee; no rei!burse!ent is due %i! for t%e!9 %e %as; %o$ever; t%e rig%t to re!ove t%e!; if %e can do so $it%out in6uring t%e estate. 2alane+ 4hird sense. return. on the assumption that the donation is totall% inofficious. 'ar. 1.-- 4he donee. *eing the rightful owner. has to *e reim*ursed the necessar% e$penses. 8ow much1 It depends on how much is collated. (same as Art. 1DA?.) 'ar. ".-- :seful e$penses.-- Appl% the same rules as in necessar% e$penses. 'ar. &.-- -rnamental e$penses.-- ,o right to reim*ursement *ut has the right to remo(e. 4hese are incidental o*ligations arising from collation in the third sense. Art. &D77. S%ou d any ,uestion arise a!ong t%e co+%eirs u"on t%e ob igation to bring to co ation or as to t%e t%ings $%ic% are sub6ect to co ation; t%e distribution of t%e estate s%a not be interru"ted for t%is reason; "rovided ade,uate security is given.
Art. A&. ??? )%e de ivery of t%e "resu!"tive egiti!es %erein "rescribed s%a in no $ay "re6udice t%e u ti!ate successiona rig%ts of t%e c%i dren accruing u"on t%e deat% of eit%er or bot% of t%e "arents9 but t%e va ue of t%e "ro"erties a ready received under t%e decree of annu !ent or abso ute nu ity s%a be considered as advances on t%eir egiti!e. .4a!i y Code; "ar. 8 t%ereof./ Art. ::7. If t%e "arents entrust t%e !anage!ent or ad!inistration of any of t%eir "ro"erties to an une!anci"ated c%i d; t%e net "roceeds of suc% "ro"erty s%a be ong to t%e o$ner. )%e c%i d s%a be given a reasonab e !ont% y a o$ance in an a!ount not ess t%an t%at $%ic% t%e o$ner $ou d %ave "aid if t%e ad!in+ istrator $ere a stranger; un ess t%e o$ner; grants t%e entire "roceeds to t%e c%i d. In any case; t%e "roceeds t%us given in $%o e or in "art s%a not be c%arged to t%e c%i dGs egiti!e. .4a!i y Code./
2alane+ All three (&) senses. Section (.++ Partition and $istri"ution of the )state.
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Subsection &.++ Partition.
2alane+ 'artition.-- 'rocedural. a special proceeding. 4his is rele(ant if there are two or more heirs.
ecedent dies---V Successional rights ---V 2ut propert%---V 3o-ownership---V #(entuall%. get---V i(ide (est in the heirs is still there among heirs things together #state (first immediate effect (second imme- and compute Among of death) diate effect of 8eirs death)
Art. &D7C. 2%ere t%ere are t$o or !ore %eirs; t%e $%o e estate of t%e decedent is; before its "artition; o$ned in co!!on by suc% %eirs; sub6ect to t%e "ay!ent of debts of t%e deceased. Art. &D7'. Partition; in genera ; is t%e se"aration; division and assign!ent of a t%ing %e d in co!!on a!ong t%ose to $%o! it !ay be ong. )%e t%ing itse f !ay be divided; or its va ue. 2alane+ efinition.-- 5Separate. di(ide and assign.5 1. 0a%s to go a*out partition. a. #$tra=udiciall%.-- ecedent dies intestate and there are no de*ts. (i) All the heirs agree among themsel(es.-- :pon agreement. partition is alread% (alid. (ii) If registered propert% is included. pu*lish the partition in a pu*lic document (iii) <o to the Register of eeds to ha(e titles transferred *. Fudicial (i) Settlement proceeding (ii) -rdinar% action on co-ownership ". <eneral 'rocedure a. If with a will. it must first *e pro*ated. After pro*ate. the heirs can choose *etween+ (i) #$tra=udicial (ii) Fudicial.-- Fudge will di(ide *ut will first gi(e the heirs a chance to su*mit their own partition. *. If the heirs do not agree on the partition . the =udge will appoint a commissioner. c. 3ommissioner will su*mit a pro=ect of partition to the =udge. 4his pro=ect of partition. howe(er. is not *inding on the =udge. d. 4he =udge will issue an order of partition. 'ropert% will *e ad=udicated among the heirs accordingl%.
'A<# 1)&

Art. &DCD. S%ou d a "erson !aEe a "artition of %is estate by an act inter vivos; or by $i ; suc% "artition s%a be res"ected; insofar as it does not "re6udice t%e egiti!e of t%e co!"u sory %eirs. A "arent $%o; in t%e interest of %is or %er fa!i y; desires to Eee" any agricu tura ; industria ; or !anufacturing enter"rise intact; !ay avai %i!se f of t%e rig%t granted %i! in t%is artic e; by ordering t%at t%e egiti!e of t%e ot%er c%i dren to $%o! t%e "ro"erty is not assigned; be "aid in cas%. 2alane+ 'ar. 1.-- 'erson can ma6e partition. 8ow1 1. 2% will-- ma6ing two things+ a. 4estamentar% disposition.-- State what (alue the person will get. *. 'artition.-- State specific propert% the heir will get or what comprises the (alue. #.g.. G has no compulsor% heirs. 8e states in his will 5I gi(e to A 17& of m% estate. 4o comprise A;s share. I would li6e her to get m% house in Ala*ang.5 4he testator is allowed to do so e(en if he has compulsor% heirs. 4he partition is (alid as long as the items gi(en do not impair the legitime. ". Act inter #i#os. e.g.. pri(ate writing not a will. a. Rule under the -33 -- to do this. there has to *e a prior e$isting will. 0h%1 If no prior e$isting will. %ou are gi(ing the person power to ma6e dispositions not in the form of a will. 4his is seen in the use of the word 5testator5 in the article. *. Rules under the ,33. is it (alid1 (i) >es. as long as (it is) strictl% confine(d) to rules of intestate succession since there is no will. (>ou) can onl% state what properties the% are to recei(e and not ma6e testamentar% dispositions. (ii) -therwise. he will ha(e to ma6e a supporting will. 4his is seen in the use of the word 5person5 in the article. ,ote+ (4his) can still *e done in (the) manner done in the -33. #$ample+ #state of A consists of R40 factor% and cash. A has & compulsor% heirs G. > and Q. A wants the factor% to go to G. A ma6es a partition 59actor% to G. > and Q are to get their legitime in cash.5 4his is (alid. 2ec. legitimes are onl% (alues and not specific properties. Also. the legitimes are not impaired. 3ha(eB (. IA3.-- In the case. Manuela assigned or distri*uted her estate equall% among her si$ (@) children. 4hree of those sold their share to a sister. 3oncepcion. with the consent of Manuela. Manuela then sold the entire propert% to 9errer. 0as the partition *% an act i nter #i#os (alid1 >es. Art. 1DCD allows the person to ma6e a partition. If the partition is *% will. it must *e with the formalities on wills. If the partition is *% an act inter #i#os. the partition ma% *e oral or written. and need not *e in the form of a will. pro(ided the partition does not pre=udice the legitime of the compulsor% heirs. 4he deeds of sale *etween 3oncepcion and her sisters are (alid *ec. the% are not contracts with respect to future inheritance *ut rather a contract perfected and consummated during the lifetime of Manuela. who signed and ga(e her consent.
'A<# 1))

Art. &DC&. A "erson !ay; by an act inter vivos or mortis causa; intrust t%e !ere "o$er to !aEe t%e "artition after %is deat% to any "erson $%o is not one of t%e co+%eirs. )%e "rovisions of t%is and of t%e "receding artic e s%a be observed even s%ou d t%ere be a!ong t%e co+%eirs a !inor or a "erson sub6ect to guardians%i"9 but t%e !andatary; in suc% case; s%a !aEe an inventory of t%e "ro"erty of t%e estate; after notifying t%e co+%eirs; t%e creditors; and t%e egatees or devisees. 2alane+ 1. :nder this article. partition ma% *e made *%+ (a) the testator himself! (*) 4hird person who is not an heir. ". oes this article also prohi*it a de(isee or legatee from *eing appointed1 It is not certain. If he is gi(en a specific portion. then there is no temptation to fa(or himself. 2ut if his share *e a generic portion. then the temptation e$ists. &. -andatary refers to a person entrusted to ma6e the partition. Art. &DC:. Every act $%ic% is intended to "ut an end to indivision a!ong co+%eirs and egatees or devisees is dee!ed to be a "artition; a t%oug% it s%ou d "ur"ort to be a sa e; an e?c%ange; a co!"ro!ise; or any ot%er transaction. 2alane+ An% act or an% mode of distri*ution that ends the co-ownership is a partition. 4he rules on co-ownership appl%. 1. 'h%sical partition. e.g.. actuall% di(iding the land. ". 3onstructi(e partition- Art. 1DC@ If indi(isi*le (e.g.. a house) or if it will *e greatl% impaired if partitioned. 8ow do %ou partition1 *% constructi(e partition. a. Assign the propert% to the one who will gi(e the other share in cash. *. If an% o*=ect. the propert% is sold at pu*lic auction. 0h% will an% o*=ect1 'u*lic auction will usuall% *ring a higher selling price. I+ 8ow do %ou determine if the propert% is indi(isi*le or not1 A+ 2% agreement *etween the co-owners. If none. the courts will decide. Art. &DC8. Every co+%eir %as a rig%t to de!and t%e division of t%e estate un ess t%e testator s%ou d %ave e?"ress y forbidden its "artition; in $%ic% case t%e "eriod of indivision s%a not e?ceed t$enty years as "rovided in artic e >'>. )%is "o$er of t%e testator to "ro%ibit division a"" ies to t%e egiti!e. Even t%oug% forbidden by t%e testator; t%e co+o$ners%i" ter!inates $%en one of t%e causes for $%ic% "artners%i" is disso ved taEes " ace; or $%en t%e court finds for co!"e ing reasons t%at division s%ou d be ordered; u"on "etition of one of t%e co+%eirs. 2alane+ <eneral rule+ An% of the co-heirs can demand a partition at an% time. #$ception+ 'artition is for*idden *% the testator in his will. 4his applies e(en to the legitime. 2ut it cannot e$ceed twent% ("D) %ears. 'ar. ".-- espite the prohi*ition. if an% ground in Articles 1C&D or 1C&1 (grounds for dissolution of a partnership e$ists). partition will happen.
'A<# 1)?

Art. &DC>. =o untary %eirs u"on $%o! so!e condition %as been i!"osed cannot de!and a "artition unti t%e condition %as been fu fi ed9 but t%e ot%er co+%eirs !ay de!and it by giving sufficient security for t%e rig%ts $%ic% t%e for!er !ay %ave in case t%e condition s%ou d be co!" ied $it%; and unti it is Eno$n t%at t%e condition %as not been fu fi ed or can never be co!" ied $it%; t%e "artition s%a be understood to be "rovisiona . 2alane+ 0h%1 Right as heir (ests onl% when the suspensi(e condition happens. 0hat a*out the other heirs1 4he% can as6 that the propert% *e partitioned *ut the% must gi(e securit%. Art. &DCA. In t%e "artition of t%e estate; e,ua ity s%a be observed as far as "ossib e; dividing t%e "ro"erty into ots; or assigning to eac% of t%e co+%eirs t%ings of t%e sa!e nature; ,ua ity and Eind. 2alane+ 0e alread% saw this in Articles 1DA& and 1DA). It applies to heirs similarl% situated. It is su*=ect to agreement *etween the parties. Art. &DC(. S%ou d a t%ing be divisib e; or $ou d be !uc% i!"aired by its being divided; it !ay be ad6udicated to one of t%e %eirs; "rovided %e s%a "ay t%e ot%ers t%e e?cess in cas%. Nevert%e ess; if any of t%e %eirs s%ou d de!and t%at t%e t%ings be so d at "ub ic auction and t%at strangers be a o$ed to bid; t%is !ust be done. 2alane+ If one or more of the heirs demand that the propert% *e sold pu*licl%. then this pre(ails o(er the offer of one to gi(e the others their share in cash *ecause he will *u% it. Art. &DC7. In t%e "artition t%e co+%eirs s%a rei!burse one anot%er for t%e inco!e and fruits $%ic% eac% one of t%e! !ay %ave received fro! any "ro"erty of t%e estate; for any usefu and necessary e?"enses !ade u"on suc% "ro"erty; and for any da!age t%ereto t%roug% !a ice or neg ect. Illustration+ A. 2 and 3 are heirs. A. 2 and 3 ta6e possession and manage a fishpond. citrus plantation and apartment house respecti(el%. /ater. the% decide to partition the propert%. Assuming the% ha(e equal shares. the% must each account for the fruits actuall% recei(ed and these fruits will *e di(ided equall% among them. A recei(ed &D as fruits 2 recei(ed ?D as fruits 3 recei(ed "D as fruits Add this and di(ide equall% among them. Art. &DCC. S%ou d any of t%e %eirs se %is %ereditary rig%ts to a stranger before t%e "artition; any or a of t%e co+%eirs !ay be subrogated to t%e rig%ts of t%e "urc%aser by rei!bursing %i! for t%e "rice of t%e sa e; "rovided t%ey do so $it%in t%e "eriod of one
'A<# 1)@

!ont% fro! t%e ti!e t%ey $ere notified in $riting of t%e sa e by t%e vendor.
Art. &(:D. A co+o$ner of a t%ing !ay e?ercise t%e rig%t of rede!"tion in case t%e s%ares of a t%e ot%er co+o$ners or of any of t%e!; are so d to a t%ird "erson. If t%e "rice of t%e a ienation is gross y e?cessive; t%e rede!"tioner s%a "ay on y a reasonab e one. S%ou d t$o or !ore co+o$ners desire to e?ercise t%e rig%t of rede!"tion; t%ey !ay on y do so in "ro"ortion to t%e s%are t%ey !ay res"ective y %ave in t%e t%ing o$ned in co!!on. Art. &(&'. Lega rede!"tion is t%e rig%t to be subrogated; u"on t%e sa!e ter!s and conditions sti"u ated in t%e contract; in t%e " ace of one $%o ac,uires a t%ing by "urc%ase or dation in payment; or by any ot%er transaction $%ereby o$ners%i" is trans!itted by onerous tit e.
2alane+ A. 4he right of redemption gi(en to the co-heir pro(ided the co-heir7 (endor sold his undi(ided share or a portion thereof in the estate. Article 1@"D on legal redemption and Art. 1DCC are the same. 4he onl% difference is in the application. 1. Art. 1@"D applies to specific propert% ". Art. 1DCC applies to hereditar% mass 2. 8ow will the right of redemption *e e$ercised1 1. If onl% one will redeem. he will pa% the purchase price. ". If more than one will redeem. the% will pa% purchase price proportionall% to their share in the propert%. ,ote+ Share must ha(e *een sold to a stranger. If sold to a co-heir. the right of redemption does not e$ist. 0h%1 4he purpose is to 6eep the proprietar% mass w7in the coowners. Art. &DC'. )%e tit es of ac,uisition or o$ners%i" of eac% "ro"erty s%a be de ivered to t%e co+%eir to $%o! said "ro"erty %as been ad6udicated. 2alane+ -nce partition is made. respecti(e titles are gi(en to the respecti(e heirs. 0h%1 So that the% can transfer the titles in their names. Art. &D'D. 2%en t%e tit e co!"rises t$o or !ore "ieces of and $%ic% %ave been assigned to t$o or !ore co+%eirs; or $%en it covers one "iece of and $%ic% %as been divided bet$een t$o or !ore co+%eirs; t%e tit e s%a be de ivered to t%e one %aving t%e argest interest; and aut%entic co"ies of t%e tit e s%a be furnis%ed to t%e ot%er co+%eirs at t%e e?"ense of t%e estate. If t%e interest of eac% co+%eir s%ou d be t%e sa!e; t%e o dest s%a %ave t%e tit e. 2alane+ (4his is) to ena*le e(er%*od% to get their respecti(e properties :suall% %ou must ha(e the land resur(e%ed. Subsection :.++ )ffects of Partition.
'A<# 1)A

Art. &D'&. A "artition ega y !ade confers u"on eac% %eir t%e e?c usive o$ners%i" of t%e "ro"erty ad6udicated to %i!. 2alane+ #ffect of partition.-- Art. 1DE1 or to terminate co-ownership. Art. &D':. After t%e "artition %as been !ade; t%e co+%eirs s%a be reci"roca y bound to $arrant t%e tit e to; and t%e ,ua ity of; eac% "ro"erty ad6udicated. 2alane+ 0arranties are the same as in sales+ 1. #(iction (title.) ". 8idden defects (qualit%.) #.g.. 4hree co-heirs A. 2 and 3 di(ided the land the% inherited equall%. 2ut part of the land gi(en to A did not reall% *elong to the predecessor so A losses part of his share. 0hat happens1 2 and 3 will *e lia*le for the warrant% for the part lost. 4he% will either+ (a) gi(e cash! or (*) gi(e land. Art. &D'8. )%e reci"roca ob igation of $arranty referred to in t%e "receding artic e s%a be "ro"ortionate to t%e res"ective %ereditary s%ares of t%e co+%eirs9 but if any of one of t%e! s%ou d be inso vent; t%e ot%er co+%eirs s%a be iab e for %is "art in t%e sa!e "ro"ortion; deducting t%e "art corres"onding to t%e one $%o s%ou d be inde!nified. )%ose $%o "ay for t%e inso vent %eir s%a %ave a rig%t of action against %i! for rei!burse!ent; s%ou d %is financia condition i!"rove. 2alane+ Illustration+ A. 2. 3 and . A lost part (as in Art. 1DE") worth ED. 1. 2. 3 and will share equall% in the ED. &D each ". If is insol(ent. A. 2 and 3 will shoulder his &D share. 1D each &. <eneral rule+ A. 2 and 3 ha(e a right of reim*ursement against should his financial situation impro(e. #$ception+ If gets a =udicial declaration of insol(enc%. 4his wipes out all his de*ts. Art. &D'>. An action to enforce t%e $arranty a!ong co+%eirs !ust be broug%t $it%in ten years fro! t%e date t%e rig%t of action accrues. 2alane+ 4he ten (1D) %ears is counted from the time the portion was lost or the hidden defect was disco(ered. Art. &D'A. If a credit s%ou d be assigned as co ectib e; t%e co+%eirs s%a not be iab e for t%e subse,uent inso vency of t%e debtor of t%e estate; but on y for %is inso vency at t%e ti!e t%e "artition is !ade. )%e $arranty of t%e so vency of t%e debtor can on y be enforced during t%e five years fo o$ing t%e "artition. Co+%eirs do not $arrant bad debts; if so Eno$n to; and acce"ted by t%e distributee. But if suc% debts are not assigned to a co+%eir; and s%ou d be co ected; in $%o e or in "art; t%e a!ount co ected s%a be distributed "ro"ortionate y a!ong t%e %eirs.
'A<# 1)C

2alane+ 1. 3an %ou assign a credit1 >es. A credit is a propert%. ". 4ime of insol(enc% of the de*tor is important. a. If the de*tor was originall% sol(ent (sol(ent *efore the assignment). then later on *ecomes insol(ent. the co-heirs are not lia*le. *. If the de*tor was insol(ent *efore the partition. <eneral rule+ 0arrant% holds and co-heirs are lia*le. #$ception+ If co-heir7 distri*utee 6new of the insol(enc% and still accepted the *ad de*t. then the co-heirs are not lia*le. Art. &D'(. )%e ob igation of $arranty a!ong co+%eirs s%a cease in t%e fo o$ing cases: .&/ 2%en t%e testator %i!se f %as !ade t%e "artition; un ess it a""ears; or it !ay be reasonab y "resu!ed; t%at %is intention $as ot%er$ise; but t%e egiti!e s%a a $ays re!ain uni!"aired9 .:/ 2%en it %a$s been so e?"ress y sti"u ated in t%e agree!ent of "artition; un ess t%ere %as been bad fait%9 .8/ 2%en t%e eviction is due to a cause subse,uent to t%e "artition; or %as been caused by t%e fau t of t%e distributee of t%e "ro"erty. 2alane+ 4he warrant% does not e$ist in the situations gi(en. 9or par. 1.-- <eneral rule+ 0arrant% does not appl%. #$ception+ If legitimes are impaired. Subsection 8.++ #escission and Nullity of Partition. Art. &D'7. contracts. A "artition !ay be rescinded or annu ed for t%e sa!e causes as
2alane+ A. Rescission.-- Articles 1&C1 to 1&C". 2. Annulment.-- Art. 1&ED. 1. 'art% incapa*le of gi(ing consent ". Hitiated consent a. Mista6e *. Hiolence c. Intimidation d. :ndue Influence e. 9raud. Art. &D'C. A "artition; 6udicia or e?tra+6udicia ; !ay a so be rescinded on account of esion; $%en any one of t%e co+%eirs received t%ings $%ose va ue is ess; by at east one+ fourt%; t%an t%e s%are to $%ic% %e is entit ed; considering t%e va ue of t%e t%ings at t%e ti!e t%ey $ere ad6udicated. 2alane+ /esion is the same as that in Art. 1&C1. paragraphs 1 and ". 4his applies whether the partition was =udicial or e$tra=udicial. #.g.. A is a co-heir of 2 and 3. A is entitled to recei(e 1DD. In partition. he recei(es+ 1. 'ropert% worth CD. ,o rescission of partition *ec. the lesion is less then 17). 2ut A has rights under the warranties. So he can as6 for completion.
'A<# 1)E

". 'ropert% is worth A?. 4here is lesion so A can demand for the rescission of the partition. In actualit%. (this is) hard to do-- how do %ou pro(e (alues. the% are (er% su*=ecti(e. 4his is not loo6ed upon w7 fa(or *% 3i(il /aw commentators. Art. &D''. )%e "artition !ade by t%e testator cannot be i!"ugned on t%e ground of esion; e?ce"t $%en t%e egiti!e of t%e co!"u sory %eirs is t%ereby "re6udiced; or $%en it a""ears or !ay reasonab y be "resu!ed; t%at t%e intention of t%e testator $as ot%er$ise. 2alane+ If partition was done *% the testator.-- <eneral rule+ 4he heirs cannot demand rescission on the ground of lesion. #$ceptions+ (1) when the legitime of an% compulsor% heir was impaired. (") when the testator;s intent was not carried out. Art. &&DD. )%e action for rescission on account of esion s%a "rescribe after four years fro! t%e ti!e t%e "artition $as !ade. 2alane+ 'rescripti(e period.-- 9our ()) %ears from the time the partition was made. Art. &&D&. )%e %eir $%o is sued s%a %ave t%e o"tion of inde!nifying t%e " aintiff for t%e oss; or consenting to a ne$ "artition. Inde!nity !ay be !ade by "ay!ent in cas% or by t%e de ivery of a t%ing of t%e sa!e Eind and ,ua ity as t%at a$arded to t%e " aintiff. If a ne$ "artition is !ade; it s%a affect neit%er t%ose $%o %ave not been "re6udiced nor t%ose $%o %ave not received !ore t%an t%eir 6ust s%are. 2alane+ If there is lesion. there are two (") options+ 1. Ma6e a new partition ". <i(e the pre=udiced heir the monetar% equi(alent of the damage. 0ho can choose1 4he heir sued. #.g. A. 2 and 3. A is supposed to recei(e 1DD.DDD. 8e recei(es onl% AD.DDD. A sues 2 and 3. 2 and 3 has the choice of which option to follow. Art. &&D:. An %eir $%o %as a ienated t%e $%o e or a considerab e "art of t%e rea "ro"erty ad6udicated to %i! cannot !aintain an action for rescission on t%e ground of esion; but %e s%a %ave a rig%t to be inde!nified in cas%. 2alane+ 4his pro(ision does not mean much. Art. &&D8. )%e o!ission of one or !ore ob6ects or securities of t%e in%eritance s%a not cause t%e rescission of t%e "artition on t%e ground of esion; but t%e "artition s%a be co!" eted by t%e distribution of t%e ob6ects or securities $%ic% %ave been o!itted. 2alane+ 4his contemplates a case where there is an incomplete partition. 0h%1 #.g.. It was not 6nown that the% e$isted. 4he solution is to partition the newl% disco(ered o*=ects.
'A<# 1?D

Art. &&D>. A "artition !ade $it% preterition of any of t%e co!"u sory %eirs s%a not be rescinded; un ess it be "roved t%at t%ere $as bad fait% or fraud on t%e "art of t%e ot%er "ersons interested9 but t%e atter s%a be "ro"ortionate y ob iged to "ay to t%e "erson o!itted t%e s%are $%ic% be ongs to %i!. 2alane+ 4his refers to omission of heir in partition and not to preterition. 4he heir omitted has the right to demand his share. Art. &&DA. A "artition $%ic% inc udes a "erson be ieved to be an %eir; but $%o is not; s%a be void on y $it% res"ect to suc% "erson. 2alane+ 4his is the opposite of Art. 11D). It does not nullif% the partition. It ma6es the recipient return what was mista6enl% gi(en to him. RAM 1"7&D7E?
'A<# 1?1

Balance Succession

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Notes And Cases On SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

3hapter 1 <ENERAL PRO=ISIONS

Notes and Cases on SUCCESSION

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Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

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Notes and Cases on SUCCESSION

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!aintains t%e va idity of t%e $i interva .

!ust "rove t%at t%e testator !ade it during a ucid

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

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Notes and Cases on SUCCESSION

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Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

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Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

istinguish this from a donation

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

". Re(oca*ilit% of wills.

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

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G N 1DD.DDD - "?.DDD 2 N &DD.DDD - A?.DDD 1DD.DDD

4,-- 4ransmits ,othing Rep.-- 4here is Representation ,o rep.-- 4here is no representation.

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

Notes and Cases on SUCCESSION

,ullifies the -ligation a. -nerous oligations

. MS to ' -- % gratuitous title -- either+