“ WILLS AND SUCCESSION Elements of Succession “Don't go where T can't follow!*-Sam to Frodo 4 thm tea sgt aim 1. Glode)of acquiring ownership, 2 Transfer and : ae : ene ‘L.Mode of acquiring ownership Succession - mode of quiring SWAERIIP, similar fo tradition Q Sale esas ei ie ot Lie at icy ab which a transfers ownership. Are wills similarly a mode of transferring litle, with succession as ‘A(ipo A wilionet enualenti sor sale dens ACDAGEEthe effects of «deed of sl, Ii just oe ofthe ElSS by ‘Hid susionsanibeit 2 Transfers rights, properties and obligations 0. What igh are tnsfered va sucrssion? ‘A. Transmissible rights. An enumeration of transmissible rights is fipossIbe»but it excludes the following: 2 those which arse fom public law (eg, suffrage, pubic employment Brights arising from purely personal lations ¢ ngs whowe datenblatt ower d. those whiehqéguire inferventiop of the awner far their exescise Q. What is the rule on the transfer of obligations? A. It ghiguld not exceed the v ‘The obligation of the heirs can'texceed what he gets. ©. age the ebigaton to py a sum of mone rely transfert the gs? {A (Ropitis no tranemited tothe heirs Because ties tng Eig tion of he RED 3 rans to Burp of obits which mayan the ie ple . eee tiemady v. Luzon Sure) . sat poor aime) ie will inerit.obligation tp_pay rent as it falls due. arising with the lease contract (Pamplona v. Moreto) 3.7: Q. Isthe will purely up to the wishes ofthe testator? + AGeD)His capacity to dispose of his property is limited by the system of logitime and fosced heirs, Q. How is; transferred ration of law? re 4. Death of the testator Coeph~ competes the ansfer of tite occespoh i always marti causa_ Q. When doesa person die? AL General rule: _ Exception: The instances where he is presumed dead occasioned by(proionged legal absene®:> Ordinary rule: - after absence of ten years.= fe disappears after age of 75 years, 5 years is sulficint — Becsoninry ~ _ thefollowing are preimed dea for purposes of dvsin of stat lane lost.n.a.vayage, who has ¢GFcen hea®3 of forfour years person on board.a vessel or aeropl since the loss ofthe vessel or plane 2 pevonin he qSETaTESho hes ken matin sar and has ben ming for fou ets 3. a person who has been ie(danger of death under other circumstances and his existence has not been known for four years Q. When is the person presumed dead? ee ating it i sini in he was last heard of CRC: Other writers mention additional requisites such as the existence of heirs, and the capacity of the heirs. But these not really important, because i there agen heis andthe heirs ace incapataed, Stat can always syseed tothe Property. Bagh ttre dy th ron te pon ei? id) This i dae in prion, which i the prosst.o Sntiing the portion tbe gten ahi. This is done Sffer the eat testator. “Types of Succession a law. @ @ (Q. What property is included in the inheritance ofa person? ‘A. It includes not only the property and the transmissible cights and obligations existing at the time of his death, but also ‘hose which have accrued theretaiice the Spening of the succession . Q. Who are the parties in succession? A. They a <_docedent - Phe general term applied to the person whose property is transmitted twough succession, whether or not Fa will i latory Mf the: ‘decedent Jeff a will. 3 a person called to on citer by the provision of will by operation | 4 Persons t whom gifts of ven by virtue ofa will" 5. persons to whom gifts of GesOnaTprOpertare given by vite oF «will Elements of a will "Mv. PRECTOUSSSSSII" ~ Gollum Q What are the elements ofa will? A They ar: ha) 2. should be made bya person, 3. Formalites of the will 4. Control ovr disposition 5. Disposition of Property 6, Totake effect after the death of the person. eosy an Attestation is an act of the senses; to attest a willis t know that it ‘as such, end ( certify Yhe facts required to constitute an actual and legal publication. Sul the subscribe a pap hed as a ne forte sole purpose of identification, (Caneda v.CA) 0. Who asrexctues ing a witness? ‘A. The talon @otary public, and the ferso signing in behalf ofthe testator. — (Q. When isthe reckoning point the witness? A. At the time of attestation, fn the validity ofthe will Q. Pees he witness also have to sign with his customary signature? A (Yes? not ust prove that he actually signed it, in accordance with the fs Note that this is different with the rule foP TG testator. If the testator does not sign with his customary signature, fou haye to prove animus testandi, in addition to the requirement of proving that he actually signed it. ER Ye wis sgn ihe emir? Gore Geist Ties ie te signa th ia insihnats “haces ogres tht ole iat: ht then hy he sig ay is because he is illiterate wil becomes invalid, because the witness is incompetent. Q. Inwoh is the signing done? A: In the prevefice of the testator and of one another. Physical presence is required. A Itis notallowed. Therefore, the will However, iti Gcz dificult to prove that the mind of the witness is wandering, 0. ais repiredon testes? tet eqenei@ Rossa sgoug.on and oe hat gen owing gn, 2. Kacjual ssi by the testator or witness of the act of signing needed? A.Qio, There ae certain tests to meet to ascertain ifthe participation of the witness is sufficient. Q, What are the tests? Q. Ifthe mind of the witness is, sensei sated on the will? walid A they ae 1 eos aC Testol AvaisbleSenits What i the positon test? ‘A. Whether they ‘aight have seen each ollits sign had they chosen to idering the position of the parties with relation to each other at the moment of signing: i ‘bstruction to prevent him from doing s0, and. You can see without difficult or without having to change their relative positions or existing conditions. (Nera v. Rimando) Q.Towhom test apply? —~) A.Toboth and thefitness Q. What is the test of available senses? ~ ZA Tia ls basele ho hres tical ichGo sig 60 a testator © blind, he should compensate for the physical deficiency, uch at Rearing SF =er ar. tat apy AA.To tiyestator only. Itdbes not apply to WithéSes because there are special qualifications for him. (Q. oes ao require an oder for signing? Ist required thatthe testator sign frst before the witnesses? [No order i prescribed as long asthe signing is done if-qne transactiorvond there is no break or intermediary period. If there Ba break, ijnot valid. Q. Wht does “one tra A. It refers to the figning (Q. Whats therefor dea or deaf mate testators? Av If the testatoribe deat, or ¢deaf-muté, he must personaly ceo she wl if able to do so; otherwise, he shall designate two ‘Persons to ead itand communicate to himcin soine practicable manne the contents thereof. (Q. Whats the rule for blind testator? ~ A. If the testator if blind, the will shall be read to hit notary public before whom the will js acknowledged once’ by one of the subseribing witnesses, and Again, by the (Q. What is the purpose of this requirement? A So there can bi RIGOR Qs there any page where te tatters signature isnot needed? AIF the page contaird.oalyithe attestation clause the acknowledgment, there is on the margin. But the testator has to sigg/At the endf signature a¥ the left margittis not sufficient, Failure to 3 “The last page need not be signed because the testator has already. signed at the end, so there is no need to sign atthe left hil i signed on the right marth inlidated? . at tlt muyetie i Witness signs at the lft margin Batt atthe ottom. Fatal? ‘A. Ie is not raguired to be signed atthe end, as long as tir slgnatity| 3. somelatively numbered Q. Whats the purpose ofthis requremep!? A. Not so much for substitution, buf mors for thefoense of, order or chronology of the will. Q.Whatis the ideat manner of number? A. In words, “one.” “two” twee” Ifthe will is Gt amber inthis manner, itis iba long a you can show the correlation. ee portion,” mandatory? Q. When is there no need for pagination? . A. When the will hasGnly two paged, there is no need for pagination, since correlation is evident€3 ar more pages, requires pagination. — 4. attestation clause Q. What is the attestation clause? Alt states What happened in BEWiPland the cSmmpliance with the requirement of exertion. 7 Q. What does the attestation clause state? A. It should state: #1. Thenumber of, 2. That the willis: stator requires presence of the witnesses 3, That twas sigmed by the witnesses - requires the presence ofthe testator and the witnesses -12-(Whats the rule of substantial compliance as tothe atestation clause? A: In theabsence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in, the form of efestation or in the language used therein shall not render she wil invalid if ts proved thal will was in Fact executed and attested in substanti Fare BOB. ave (Q. If theres failure to state the number of pages in the attestation clause, is it fatal tothe will? A. Not ifit is contained elsewhere in the will. For example, if its statement in the acknowledgment. The number of pages cannot be proved with evidence aliunde. Only evidence found within the willis allowed. (Taboada case) Q. Does this also apply tothe required statements thatthe will is signed by the testator or thatthe wills signed by the witnesses? Sh iP ‘Caneda v.CA ‘222SCRA 781 (1993) Mateo Cabellero filed a petition for a probate of his own will, but he died before it was ‘admitted to probate. The heirs named in the will were appointed administrators, but his nephews and neces opposed thE POR, claiming that the will way ial since the seein Tea was delegbve id not state that the witnesseaignéd the will and Se oy pope ne Pe aes _Restation clause SUESTEABATY complies with Art. 18 of the Civil Code. HELD: A careful reading of the attestation clause reveals that while it does not expressly tate the circumstances that thcWiinesss3 subscribed their signatures in the presonae ‘testator and of one another. The phrase “and be si ‘same” obviously refers to the {Bslalor and not the instrumental witnesses. The defect cannot be characterized as merely involving the form of the will or the language which would warrant the application of substantial compliance rule. While the attestation clause is 7 Q. Why are the dumb BReaifed? (Not tady A. Because the Glinesseb ay Be FEqUITEE 10 Tet} the probate ofthe wil soit is easier if they can communicate via speech. = Q. Why are the deaf disqualified? A.CRCho ka Q_Is the domicite requirement applicable to Filipinos and/or aliens when their wills are executed abroad or i: RP? A. Study the following chart ‘ated in RP Executed abroad Filipinos ‘Yes. 1. Law_of the place — = Eases : govern 2. RPlawf¥e ‘Aliens Ne <—T Q. Why are those convicted. ls testimony, nd flies dsqulied> A. Because of their Thus, those convicted of murder and rape G allowed even when facing civil a>, wien bere ais their > Q Does relationship with the testator disqualify onc from being a witness? A 2. J5.¢ spouse disqualified from being a witness? ‘The possible undue influence present inthe prohibition against joint wills is not an issue in witnessing. Seon vec ntti Ape eoietcne vrata a axes(Q. What's the rule on the subsequent incompetence of te witness? — * Ac If the witnesses attesting the execution of a.will arcompetont a the time of atesting, their becoming subsequently incompetent shall not prevent the allowance of the wil. ©. Whats the eft if the person attesting he wil is a evises or legal or ifthe person has a spouse or parent, or child who is a devisees legaee of the testator? ‘A. Such devise or legacy shall, so as concems auch person, or spouse, or patgplaor child of such person, tunless there are three other competent witnesses cau wi (2. Willa witness stl be competent as a witness, ACL Such person so attesting shall by admit as a witness as if such devise or legacy had not been made or given. Q. What isaside from the ‘there are three other competent oitnesses? then beaetocerlegaey Say Q. What ifttere are te competent witese, and eof ham is a deisee? The wil eal the devises void A. The wil G we #1 subsequent disposition ~ not dated or signed 4# 2 subsequent disposition - not dated or signed — 43 subsequent disposition - dated AND signed ~ all preceding dispositione void; only #3 is valid (Q. What ste requirement ofthe authenticating witnes in the probate ofa hologr A. Teahallbe se nih casei) Sl of the testator explicitly declare sa ae Seer at ath lar} Saas fe tc ality dine shall be Tequired, In the absence of any competent witness referred to in the preceding paragraph, and ifthe court deem it necessary, expert testi ‘0. Ac. I isnot the numberof witnesses bu the credibility ofthe witnesses thats important . Rivera v.1AC 182SCRA 322 (1990) Venancio Rivera (lied’/ Jose Rivera claims to be the son and claims that Venancio died intestate. Jose was declared Kat a sofi> Adelaido, the true son, presented the will which was Holographic. Jose Rivera contested the will because Adelaido did not present Wire ‘witnesses as required, HELD: Jose Rivera is not the son of the deceased. Hence, being a mere strange, he has no personality to contest ‘and his opposition did effect of requiring, ‘witnesses. The testimony of Zenaida and Venancio Jr. who. the wills as faving been w#ltten and si their father was sufficient. Joint Wills “Fight! Fight to the last man! Fight for your lives!" Gandalf, n the Siege of Minas Tirith Q. What iste rule a to joint wills? A.Cvo of more persons-rannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit ofa third person. Q. Two Filipinos execute a joint will abroad, in a country there joint wills are allowed. Valid here? A. Joint wills executed Gy Filipinos In a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed Codicit “Not quite. There's room for a litle mare.” = Frode to Sam, handing him the book CRC A, called (“mall will” But this isa misnomer. A codicil may even be larger than the original will 1s ESO.A Wi Somat be Seta wih de fomacnaeasal, Ac ey eee ea total amendment 1. Partial amendment the codicil is Or a partof the orginal Wil} The original + the codicil is treated as one. Ie the case of 140 williworking as one, Think of f-as the amended contract, annexed to the original contract, giving rise to a ie contract 2. Total amendnignt= It is a revocation ofthe original will even if the revocation is not express. The codicil is not annexed because it becomes “subséquent to" the original wil Qply what form (notarial or holographic) must the codicil be? Does it depend on the orginal will? io Study the following chart ‘Original Wall Codieit Valid? Notarial Notarial Z YES ‘Holographic ‘Holographic 7 YES ‘Notarial Holographic YES Holographic ‘Notarial 2 YES. -17-Q. Why is it that when the original will i holographic, a codicil in the notarial form is valid? Isn't it that all insertions, corrections, resis and allemtions ofa holographic wil should be written and signed ty the testator? ‘A. The original holographic wil s{Gaks of jst one wil" The robacal coed an \eotitely separate will. So it should be allowed. Itis not an insertion or alteration at all, buta separate will, . Q. Whatis the legal effect of codicit? * A. The execution of a codicil refering toa previous will has the effect of(epublshin the will as modified by the coli. Allan’s obiter: If in a will, “1 All to X" then you purchase more land after the execution, X will not get this land. But if you bxecute a codicil which states, “I reaffirm the will I made on Dec. 26, 2003,” then the land purchased after the execution of the first will is now included in the disposition to X- Incorporation by Reference “You can't mean that You cart leavel”~ Sam to Frodo ‘CRC: Here, the paper is $f will nites itis in the same concept as having a document incorporated and made pa Will. So the paper comes together with the wif But if should ready beth exency at the Hine that the wil fat the time that the will is mace, Q. Can itbe a will? A-If so, itwould already be the codicil. It will be considere(@ new will)so the new willis a codicil Q Is there a means by which to remedy a vil wohichis oid esto frm? A. He qust mepublish the wilbend reproduce the dispositions contained in a previous one. A mere codicil will not be "el aT an incorporabOn Dy Teerence Wil oP Be CHctive, sinc(ts nota Wi effective because itis a separate will in 7520, and an Ticorporal va si Q. What ae the requisites ofan incorporation ty reference? A. The following: 1. the document or paper must be in existence atthe time of the making ofthe will. 2. the will must fleseribe and identify Ble pap S 4 the paper ritust be identified’as the paper referred to in the will. the paper must Designed by he trad the wines Sha TE Baas y the testator and the witnessescan each and even t in case of voluminous books of account or inventories — (CRC: You can prove thie Sing extrinsis evde>to show compliance withthe requirement 2. the will any ©. What dos the origina will need to shoes? ‘A lemst gent the icorported paper and state b{Gumber of ap) Whats the ofet the number of pages of he incorporated ppc is abeent? A. Then the: incorporation is invalid! _ 3. the paper must be identified as the paper referred to in the will CRC: Ther€Grust be clear evideice thatthe paper is that referred to in the will. The Rules of Court will govern as to what Spastitutes lebrevidence, Exansic evidence may be used. Note that itis not requied forthe will to be physically attached to the will, ©. Tis tat eqirement states tat it must be signed by tnLizntor AND witnoS~ Does tis mean incorporation is ald only in oar wil? A. Stud he following chart Will Tncorporated Paper atiay Notarial ‘Notarial Notarial Holographic YES - but the incorporated paper must be signed by the testator -18-‘and the witnesses Holographic Flolographic iiss te poeeae ee ‘must be in the handwriting o! testator and signed by him; no for witnesses to sign Holographic Notaral Because the will i no ager entirely written and signed by the testator * So incorporation by reference is generally not valid fox holographic wills. Q. If books are incorporated, des it have tobe signed? A. Signing the first and the last page should be enough. Itis not clearly defined by the law if all the pages have to be signed. Revocation of Wills and Testamentary Dispositions “Do you wish then that our places had been exchanged?” - Faramir to is father. ‘we phy ie alo ay in ii ath Awe or atin rns of mind so importntin deterining enim enced? es teeta ot your mind ae in of eon he reverting five) Note: Revocation can either be@tal or Note: When revocation is done By an overt act (e.g. by tearing), it need not be done to the entire will, as long as animus revocandiis present. es ~ —— Q. How can revoeation be done? By: 1 implication of law. 2. What aresome examples of then will i revoked by implication ofa? ‘A. When there is qi annulment legal separa ation of the RUIN GPa maT maen the designation of Un(Guilty > spouse as heir in the wills revoked by aperation af aw. Q. Is the will totally revoked? ‘A. As a general rul/no,) Only those provisions thatffect the guilty spouse will “The exception is ifthe only, disposition n he wits Gat whuch & Sega Uae ees Hotere Q, ‘have some other examples for when a willis revoked by implication of law? O5Piy rveestimreedico meme? Apennines required when the testator revokes. As long as you have yous legitime, there is no need to justify the inequality. Q. What are the requisites for a valid revocation by a subsequent instrument? A. They are: <19- BesT THESLC1. subsequent instrumental campy with the formal requistes ofa will 2. Getator mus poses lelamentay capaci 3. subsequent instrument mu contairkgn express TEVOCTORY ClaWEg{orbe incompatible with prior will (Q. Whats the doctrine of dependent relative revocation? A. The doctrine states that where the Get of destruciiGnvis connected with the making of another will so as fairly to raise the inference thatthe testator meant the revocation of the old EP yor ee to be bec d dependent upon reason, ris the efficacy of the new disposition: and if, for any (Molo v. Molo) Q. Testaior executed Will 1. Then he executed Will 2 which od Will 1. If Will 2 is void for non-compliance with « formal requisite is Wi Lesiagtated? Why? ‘Wi eats tn Samet. Nea, he Cour ede dechne of dependent rate rect. The Contin Molo ¥. Molo said, that even inthe supposition that the destruction of the original wll by the testator could be presumed from the faikure of the petitioner to produce itin court, such destruction ca ‘because ofthe fact that it founded on the mistaken has been validly execyted and would be given due effect. The theory on ‘which this principle is predicated is thatthe testator did not intend to A"intestale, And this intention is clearly manifest ‘when he executed two wills on two different occasions and instituted his wife as his universal heir There can therefore be no ‘mistakes to his intention of dying testa. ‘Aller: CRC mentioned tat the dftine TSpERTEAC RIA TGETEN i not rally necessary. The tat shoud be f the second wil can pass probate. ‘There is = n between an in inoperative will, and an invalid wil. An inoperative but valid will cannot pess property, but this i immaterial, since it will allow revocation to take place. () Q Willa “Ail tox" Will 2 ~ “Revoke Will 1” Will 3 ~ “Revoke Wil 2” - is Will revived? A.No. Will is not revived unless Will 3 expressly revives Will 1, Q. How do you revive a will which was revoked? Atwooans IC RepebIGRBRR< execute acpi to revive Wil thse effective only when the wis revobed not whee dhe yell a void as to formalities 2. Recexecutions for wills which are void as to formalities Q Will ~ “Atti x” Will 2 “Allo Y" > iplicdly moka Wl 1 Will3=“All to 2” > impliedly revokes Wil 2, Effect? A Revives (FHI unless Will Land Will Tare inconsistent. 2. By an overt act Here, yoCevoke’y previously executed will, Any act coupled with animus testandi is sufficient. The intention of the person is ascertained, butt is Qludzmeat alls Not Wat the presumption is slwaye tat ie eco esate Q The Code says the overt ects are burning, tearing, cancelling. or obliteating te will. Is this exclusive? eee ‘You can wrap it around stone and thraw itto the sea or you.can flush it down the toilet. Q. Does burning and tearing require destruction to the point that it can’t be read? A(No} a physical act with intent to revoke is sufficient. CRC: The destruction or burning or tearing of the will may be done to ‘Therefore, the doctrine of dependent relative revocation @lay also apply, otapply. In the case of cancellation, the cancellation is done after tion of a will. For the cancellation of a holographic will, the authentication with the. full portion cancelled will cease to exist. ly However, if what is cancelled i the Gale-or the signature) then the holographic will becomes void. The cancellation of specific provisions is okay. — -20-Q.s cancellation altowed in notarial wills? A. Puno and Reyes say/0 To execute a notarial will, you need witnesses and_a notary, so even if you authenticate the cancellation on the notarial will with your full signature, it does not have the required formalities of the attestation by witnesses and the acknowledgment by the notary. . 2. Who peor the overt act of cancelation? gstator himself, or by some other person in his presence, and by his express direction. Note that cancellation by a Gaui pati Ean be done to both notarial and holographic wils. To prove cancellation, you need shde 1)'the overt act, Gach 2} intention to revoke Q. Vihat if the overt act is done by an unauthorized person? cee A. If bumed, tom, cancelled, or oblitera ‘Some other persos.- without the express direction of the testator, the will may. tlle estas, and teeta dd in acdc tow icone and dae cccton, an he fac of Unauthorized destruction, cancellation or obliteration ste established according tothe Rules of Court. Gago v. Mamuyac 49 Phil. 902 (1927) ‘The loss of unavailability of a will may, under certain circumstances, give rise to the presumption that ithad been revoked by physical dest Ganv. Yap 104 Phi. 509 1958) ‘The execution and the contents of a lost or destroyed holagraphic will may not be proved by the imony of witnesses who have seen or read such will Rodelas v. Aranza LI9SCRA 16 (1982) holographic will m it mat Eat a ellostate coppoor Xerox sopy Of because comparison canbe made with the standard writings ofthe testator. 4 revocation. Buta revocation which states the reason and the reason isa false cormat © tale Ge ater seg voRd Eause can only be proven if itis tated in a subsefuent will or codici-Oerwise, fev Scation will stand —————————————————— core Q. What law must be observed in revoking wills? A. Study the following chart: Revocation done Testator domiciled in RP “Testator not domiciled in RP 1. Outside RP 1. Taw of the place whese the | 1. law of the place-where-wil —_ will was was made 2 2._Sanr of place of domicile 2D inside RP RPI RElaw Codal provisions which were not discussed: » - Art 832. ‘Rzevocation made in a {hall take ef if the new will should become inoperative by reason of the incapacity ofthe heirs, or or by their renunciation. 7403} a Art 834. ‘The Sctgnition of an legitimate chiPuoes not lose its legal effect, even though the will wherein it was made sould be revoked. (714) -21-Probate of awill "Aareat shadow has devarted.* ~ Gondalf. in bed with Frodo. ‘CRC: The matters taken up in probate are very limited. They are: 1. Jdentity of the will - whether the will was made by the testator 2 Tomales 3. due execution 4. téstamentary estamentary capacity us of is he eae court Ia aa, Note at fore he wil dite ino probate nt zal enforceable, It isust an expression ofthe estat? desires Q. What are the exceptions tothe general rle that only those 4 matters can be taken up by the probate court? A They ar slows z Sar the provisions are intrinsically oid “Y- 1 Ownership of property General rule: Ownership of property is nok passed upon in-probate. It is to be determined in the inclusion/exclusion Exception: It can be ._But the determination of the probate court does not settle the matter with finality. It is just G provisional determination of owner}ip. Anyone can stil aim ownership ofthe property. Gaels io sae peel ty Manel STE oe eta ee sates aa anwar dummics. The es cade peta CT he nang of fe comet tnd une Se tore ee ta iifetune, or Lay Lim v.CA ‘323 SCRA 102 (2000) lied intestate. His widow Rufina Lim petitioned to include the assets of certain ofthe esate ofthe dessus She calms thet Pastor Lim, during his lane tat he deterination & merely provsoral anyway and isnot concave, HELD: If a property TCT is involved, the presumptive conctusiveness of such tte shold be guck due weight snd in th stseee of Song eompeing svensk contrary, the holder thereof should he considered as the ownerof the property_in Institution of the heirs is one of theGubstantive issu > Itassumes thatthe will has been admitted to probate ‘Shadowfax! Show us the meanina of haste!” - Gandalf. ridina to Minas Tirtth in testamentary succession. ts his wil the person or persons who are to succeed fot inti ofeirsin th will mandatory? Eel eee pea ou ot such tan shu ot compe te hoc/estats anal sven ough ts perwen inode iecoadua ESE Ronson. in ouch ceoee Be rete of *ball pass tn the legal heirs hy intestacy. 1 ps 2. The institution should be, by the testator - except as to valid class institution 3. Institution cap g 4. The heir has tob 5. There has to be g@preteritio Q. What happens ifthe instituted her cannot be identified? because it will annul the institution of heirs ————e ‘A.Then you follow the order of Paras; substitution, representation, acretion, intestacy. eA Q What the ide way of identifying the hee? A.By hisnameand surname,Q. What there are 00 oF more persons with the same full name? A. Check griddle nme, if it was indicated by the testator. Note that the identification can be based only from what was vein. tbe will and ng by evdenesalinde Q. What ifthe instituted hefr was ith his incomplete name A. It is valid ifthe identific ‘Only intrinsic ‘intrinsic evidence is admissible to determine who this heirs eet ule when there Gama, andthe ir was jut describe A. Q. What may be done when there is am error inthe name or designation ofthe heir? A. An entor in the name, surname, or circumstances off not vitiate the institution when itis possible, in any other ‘mannef, to Know will Ce ers0n Tn evi ay beset Note that sometimes, it may be possibTe to identify the heir only after the death ofthe testator. E-g. when the testator writes, “The son of mine who gave me the most number of grandchildren” The minimum requirements thatthe instituted heir must be conceived. Q. What is after this process, the heir can't be identified? A. Then none of them shall be an hei. 42. What are the base principles in institution? A. The basic principles: ividualit 3pbimultaneousness Q. What isthe princpte Kequalin® ‘A: In the absence of designatida of shases?the heirs instituted shall ts. It does not matter ifthe hers are siblings or children OF ane person, or that some ae fll blood and some are hall-blood QAerthis the same in intestacy? ‘AQNo? in intestacy, the ratio of fullblood to half bload is 2-1, Q. What isthe principle of in 2 A Heirs in their individual capacity. Thus, even ifthe will says, "I designate as my heir€@and jand the children of C* Those electives ditznatd all ctnatered es individually instituted, unless it clearly appears. the intention of the testator was otherwise. Note: Here, C does not have to die for his children to inherit. Q. What is simultancousness? aan calls to the succession (persoRyand his children they are all deemed to have been instituted Siu itaneousijtand not successively. Note: In institution, the relationship or closeness ofthe testator with the instituted heir is not an issue. uve to state why you are instituting certain heirs? age face ronan dase evuming ire dali We for paenous, Howeve if thecamse Sted ‘Dereia dange opp ce neem pire Ss cn ct in ch matin tao Cann tae ne Q. What are the requisites in anmulling the institution based on false cause? A. They are: 1 = 2. Thelalsity of the. Sanh oven ye pent dence snd ndrsebe 3 ttieshown Ratthe ee y eg. "PIMtoM:. Went for being ie imort tonaoms bree? > fealid “PIM to Mr. Vent for saving my life in the fire.” 3 itgatmne ttutoge waded) CRC: To be sure, just institute the heie, don't state the cause anymore. -27-wl Pe Fabsibien dh a all te eungilr, econde sti, 1st se teton ofthe etal at tented fel td me ee ib hase. at he Liu parte {age do not cathe whole isheitene, hat wil be dove? 1 Gach pte be nceasa propontonalla, rample“Allto A,B, and C. takes 0%, 830%. C15%." Share inthe Will Increase A ‘ov 10m : 0% 1c é EH om 7% 25% > increase this proportionatelf (aio of 21) Q. If each of the instituted heirs hasbeen given an aliquot part the inheritand, and TEATS fogetherexcsed the whole inheritance, eaca part shall be reduced proportionally. Mustrate. ~ ‘A. See the following Share in the Will Decrease A 60% 20% B o% 20% c 30% 10% 150% ‘50% > decrease this proportionately (ratio of 21) Preterition “No you won't, you thief” ~ Frodo to Sam Q.What are the elements of preterition? Quis clon gas 5 Pe ect n CD? 3. Omitted heir must survive the testator, save in representation 1.Total omission Oh el min coma Cn ela e to AFL S06 says that the compatry aye fein wun This includes property given by donation. this s done hee ls. ne preterit’ and all at the hetrcan do Hy Temand thatthe lepine loss to an be Fly "Even Ife name appears in the will but you are not given anything, theres preteriton. (Nuguig) O. Whhatis disinheritance? ‘A Qisinheritands1) without a specification of the cause, 2) fora cause.not proved, or 3) not one of those set forth inthe Civil Q. What are the differences between preterition and invalid disinheritance? ‘A. Check the following chart: Preterition Tavalid Disinheritance ‘Annus the institution of hgiszomplaialy ‘tesa ods Legacy and Device fe respected) Q. What isthe difference in efects fan heir who is preterited and an heir whois really disinheri3? A.A hypothetical will best illustrate this. bie: s, P10050 nse cide Preterition: The will of A states, “Aside from I friend of A, was given a legacy of P25,000. AandB” [ ‘Under the Will Institution annulled, property divided ~28-equal : a P37,500 (P75;000/2) | 25,000 B 37,500, 1P25,000 c 0 'P25,000, x 25000, 1P25,000 Ineffective Disinheritance: The will of A states, “I disinheritC for marrying a lawyer. Legacy of P25,000 to X. Everything else to Aand 8” Under the Will | Lagitime Share from fee | Total portion * PaO PIG BEET PI2500 PRT (7500/2) (1/2 of PI00K/3 z P16 666.67 PI600 PHI a P16 666.57 P16 566.67 x idly diginherited get lesa than what the other. get, CRC suggsts at instad of t disinhérit him in your will. He will get a share less than what the other heirs get. preteriting ¢f heir whom hat are te to types of reeriton? ( AUAYS fas Ki TATA TORS ACT) A. The two types are: he anes tats Gap ona hl 2. Where the Keir is omitted f 2 which has the effect of preteition (Non v. Court of hoa Peo Nina Secor ‘325 SCRA 652 (2000) Petitioner and respondents &fe siblings wingse parents left them property. Petitioner that the property be equally divided between them, but respondent claims absolut owners Tenting Ker deed of extrajudicial selement where Pate vine Ns abe tron of tebanciedR“Potieces chine that t ochaion of ‘one other sibing trom the extrajudicial settlement resulted in preterition and should warrant the annulment of the settlement. “Held: The.exclusion of the sibling from the ictal settlement has the effect of preterition To remedy this, resort to Art 1104 of the Civil cod, where the preterition is not a the partition shall not-be-rescindes but the preterited heir Q. Who are the compulsory heirs? A. They are: ‘ 1.” Rarents and ascendants 2 iants (legitimate and illegitimate) 3. Spouse 5 Parents Q. Can parents of legitimate decedents + A. There isa distinction. Parents when they survive the testator together with legitimate children. But when parents can obtain legitime when they survive together with mMegitimate children. So parents are preterited only ‘when they survive with legitimate descendants and are completely omit . Can parents of legitimate decedents be preterited? +. A. Only when there are no legitimate or illegitimate children. Parents of illegitimate decedents(ére exclude! by both legitimate and illegitimate de aeons Wien ‘he fy concur the parents dong legtime, -29-Childsen (hatin of cide con be peter? — ‘5 Logitatetlgitmate, adopted culdren ma(4il be preter Solano v. Court of Appeals 126 SCRA 122 (1983) Solano executed will instituting Zonia as his universal heir “to all his personal and real ‘properties in Camalig, Tabaco and Malinao, all in Albay.” Will was admitted to probate. Brothers Garcia claim that they are Wegfimiate cildren gf Solano and they claim pretertion. ‘The RIC found that Zonia ang Whe brothers afe te_ children: —This-is-not contested. RTC ruled that the entire will is void and intestacy Tues due to the pretertion of the Garcias, Held: SC ruled that the preterition of the Garcias should annul the institution of Zonia-only insofar as the legjtime of the ounited heirs is impaired. ‘The will is valid subject to that Hague Wie pate Gat the trator of the tate was to favor Zonda eth cota portions of his peaperty which, under the law, he had the right to dispose-af by Sl. so that the disposition is upheld as to the extent that it does not impair the legitime of the Garcias. CRC: It seems that this decision (Aue) Whenever an heir is the institution of the heirs should be annulled entirely. It should not! to the extent of ime of the other heirs. The only way to possibly explain this decision would be that the institution of Zonig was actus since there was a specific description of the tel and peionl properties Dlog sven tbe, this is not an But this is realy just a freak decision, and ‘ot an institution. the Court probably jus used as basis, equity and justice. Note that this case shows that preterition is possible among illegitimate childzen Maninang v. Court of Appeals. 314 SCRA 478 (1982) Testator died and gia holographic wilbleaving all to She filed a petition for probate. Bernardo, the adapted soi claims to be the sole heir of the decedent, filed a-mouoi.fo dismiss alaiming the will was null and votd since he was preterited. RTC dismissed the petion. Held: There are cases where the court passes upon the intrinsic validity of the will even before probate, and that is because practical considerations demanded. This is not the case here, since the probate is insisted on by the petitioners and validity of the Wit'is demanded A crucial issue that demands resolution is whether the adopted son was preterited or disinherited. The dismissal by the RTC shows that it considered theadopted son preterited\ Bur ths isnot indubitable, CRC: This case is nqt very clear #s to whether adopted children may be preterited. x Allan: This case sucks! Don't ame the digest. ‘Acain v. IAC 155 SCRA 100 (1987) nephew of testator, filed a for the probate of the will of the testator. Respondent, an adopted daughter and th¢widow filed a motion to dismiss on the ground of usterition, since all the property was giVEHTto the pettioner,. Petition was dismissed. Petitioner appeals saying preterition refers to in the direct line, and does not apply to respondents, i 0 their omission shall not annul the institution of hei Held: As fr the widow even if she is a.com sxigiceierilianceven ifshe is omitted from the inheritance si Bie adopted daugters case is different. Under the Child Youth Welfare Code, ‘adoption gives to the adopted person the same rights and duties as if he were a legitimate child of the adopter and makes -30-the adopted person a legal heir of the adopter. It cannot be denied that she was totally ‘omitted and preterited. = CRC so , the line is created not by blood but by law. Right now, itis the Family Code which creates this link, since. the Childand-Youth Welfare Code has been repealed. Spouse Q. Can spouses be preterited? seta spouses are not heirs in the direct fine (blood relationship) so they may no. be preterited.. CRC says that uniair,» ‘Testator > Son > Grandson Q, Ifthe Son predeceases the leslata) and nothing is given to the son or grandson, is there preteition? "Yes The grandson would represent the son in inheriting (rom the testator so he is enttied to the leitime of the son. Q. What if there 1s no grandson? A. Then there is no preterition._ Q. What if the grandson @ illegitnaate? Athen Stereo rete, (2. In tole cases is representation possible? . - A. Itis possible where the compulsory heir(f) dies before the incapacitated tn. succeed, and@) disinheritance, ‘There is no representation when the heir rendunces the inheritance — Q. Does the children of voluntary (or testamentary) her represent him? A.A (Gluntary hgjr who predeceases the testalpr transmit dies before the testator transmits nothing to his heirs. Substitution of Heine M0 W/SCU4SCed Af Od CON ODEN S “Distinguish modal institution from substitution of heirs.” - Question XIITB, 2002 Bar. 0. Wien can tere fe substitution of heirs? ‘A. Only in case of éstamentary succession, and only as tothe free state, 2. What are the calles for substitution? ‘A. The textenw taay designate Gee or buat suena he ntl ncasc eG abu en i, Sauda es ee) Quy the testator provide for substitution in other cases? because the free portion: Q. What if no cause for substitution is stated? A. Kemple substitution, without statement of the cases to which it refers, shall comprise the three mentioned. Q. What is the purpose of substitution? A Its really to prevent intestacy. Q. fae there be substitution for legacies and devices? long as these are not given as part ofthe legitime. Q. What are the kinds of substitution? A. They are: bade ® 3 _ ©) Redproator — ~3i~@)—Fideicommissry CCRC: The major classes are simple and fideicommissary. Lst tation CRC: There is a first heir and a second heir. The will provides, “A, in default, substitute B.” So A and B succeed directly from the testator. They cangot succeed af the same time, and both cannot succeed. Gnly either can succeed. This is alternative Q.Aftersucceeting te testator, A dies, Docs B substitute him? 1d After succeeding the testator, the tile tothe property is vested in A. TaGetsot would now succeed tA. 2d (Q. Who are the partes io fdeicomm tution? — A. The patties are the fist hei th€ fiduciary, and She ssn he Geicomminary> (2. Who succeeds fom the testator? A. Actually, bth succeed the testator. So both should have capacity w succeed the testator upon his death, and both should The accession i elsimlaneous but he second het scene. Q. Deserie the mechanics of substitution. A Here the first heir instituted ch the obligation to preserve and to ansmit na second heir the hole 5F DATE ofthe ineriancd Rabadilla v. Court of Appeals 334 SCRA 522 (2000) Ge seri Jand to Rabadilla with the condition that he (or his hein on his death) ShouTd detives nl she 1 will also provides that should there be failuz mediately’ seize this and shall TEALUESeTAD/and the latter shall have the obligation to deliver sugar te Maria.” Maria filed a complaint for reconveyance of the land, saying that Rabadilla, was to be substituted by the testator’s heits since the obligation to deliver the fruits to the respondent was not complied with. The CA found that this was a case of modal institution and ordered Rabadilla to convey the land to the estate of Belleza. Rabadi ‘claiming that ures a substitution Since Ballesa the duty to convey the land to Held: CA i Gres Substitution may either b sno. [Bredecease, incapacity or renunciation, that the testator’s descendants would substitute. ‘What the will provides is that should Rabadilla not fulfill the conditions, the property shall be, the testator's descendants. Neither is there a fideicommissary substitution because Rabadilla is allowed tn_alicnated the property provided the sale is to near Thus, a very important element of fileicommissary substitution & lacking the obligation clearly imposing upon the fist helt ‘the preservation of the property-and its transmission fo the second heir. Another missing clement is that the sec be-beygnd-on Gust heir. The manner of Rabadilli’s institution is @/idently mod poses a charge upon the instituted heir without affecting the efficacy of such institution. Q.What are the limitations of fideicommissarry substittion? A. Itshalll be valid provided: 1, Seth aon eSB es eres nn tt on tuted, and 2 The(Gidary or fist hip and Uoeagcond hei ae ving a te be ofthe death ofthe estat. What dest mean when te sys hat the substation may nt 30 yond. ere fom KSA i? Alt pertains to blood relationship. So only parent or a child canbe fideicommiscary substitatex Ramirez v. Vda de Ramirez ~32-TIL SCRA 704 (1982) In a will, Juan and Roberto, respondents, were instituted a5 simple and fideicommissary : substitutes of ‘They opposed the substitution, As to the simple substitution, they since the propery is exchanged Tr sly ammo There ee sep tacioe asoag when te donsion inpeia the legitime. 0. What ity basis ofthe legit? ‘ A The(asses) isting atthe time ofthe death of the decede( plus) assets donated (which are collated), Q. At what point do you determine the value ofthe donations? = A. The value at the time of the donation. The increase and decrease of the valuf after|the donation is for the account of the dongs. Q. How clo you challenge the sale? A. The sale may be challenge itis not legitimall and itis. Q. Does Legitime speak of specific aperty? Is the donated property itself ought buck? ‘A. Legitime speaks of Kass of properi)> It does nat speak of specific property. So Salj_the value pf the donated property is + brought back to the estate. This is in stark contrast with reserva troncal, where the specific property is brought back to the estate. . Who athe compulsory heirs? {A.1) Children and descendants, 2) Parents and ascendants, 3) Widow or widower. Q. How can you group compulsory heirs? A. They can be grouped in two ways: 1. Whether they inl 2. Whether they can be excluded by others Q. What isthe grouping ofthe compulsory heirs based on whether they inherit a definite portion? A They, 1,/ Fixed - these heirs always geta fixed share regardless of who they concur with. They are: 7 4. lepjtimate dencendants~ ey always get 1/2 | Gime een ut only3hen they inherit 2 these heirs do get a fined share ——— Spouse (Q. What is the grouping of the heirs based on whether they can be excluded? A They are: 1. Primary ~ these heirs always inherit, and cannot be excluded -35-legitimate children/ descendants b. illegitimate children ‘c._ surviving spouse 2. Secondary - these heits may be excluded ‘a. parents and ascendants - they are excluded by legitimate children, but can concur with illegiti Iden, ‘except when the decedent is illegitimate Q. Whats the order of priority in the legitime of the heirs of legitimate decedent? Altis: 1. Legitimate chidren/ descendants ~ excluding ieitimate descendants, due to the ha of Art. 982 2. Parents/ascend: 3. Illegitimate children & legitimate and illegit fants 4. Sum ase Q. What is the legitime of the heirs of LEGITIMATE DECEDENT? ‘A. Study the following chart i Legitimate 7) Parenis Tegiimate Sarviving Spouse children children 7 “Tegitinate [> 1/3 (equal | Tage 1] > Legsh=12 dhldren a 3 “me -| 5 10 each 1/2 Semelves) NONE of the share of eachlegsh 2 Parens S_Rerens > CT eal PParents— 1/2 fewamlins) | SILC-1/8g Vegchi=1 — iil 3, “Wegiimate | > IC - 172ahare | SUC sae children of leg chi > Parents 12. = > Spouse 2173 S Legehi 3/2 = Sarg |S See Seal |S Spomee | Spee SEY Spouse to share ofeachleg | > Parents 12 | >1LC-1/3. | in articlo mortis chit more tha if "spouse: died lens 4 if_only within _3_months © Except iF live STegch rogether more th L @ Senet fe there possitle combinations of three? A ‘areas follows: WR T. Parents/l children/ Spouse (1/; 2 gos cpa in roe ORT of each LC or 1/4 if only one, 1/2 share of each LC but not to exceed fies partion Q. What isthe order of priority in the legitime ofthe heirs ofa legitimate decedent? Alt 1. Legitimate children/ descendants ~ both (G&ileBince the bar of Art 92 does not apply 2. legitimate childien& Taitimate and ilegimate descendants 3. Parents 4. Surviving spouse Q. What is the legit ofthe heirs ofa WLEGITIMATE DECEDENT? A. Study the following chart Tasgitimate Tiegitimate Parents Surviving Spouse children children 1 _Legitimate | > 1/2 (equal ] > Legch-1/2 | Slegh-1/2_ | Dtxgeh- 12 children, among SILC -1{2share | > —Parests— -| > Spouse ~ equal sHemeelves) ofeachleg chi | NONE~—=—=_| to shave of leg chi if'‘more than one, (4 if only 2 Tegitimate [5 CIP sawe [Qitofeee |S MC=17 Site= 173 -36-children > Spouse 173 3 Parent =] 1/Rokestate | > Parents—1/2 — /| see Legch at, os % Surviving | Spouse - Equal | > Spouse =1/3 By [sa bees Spouse to share of each leg | > ILC =1/3, 3 Pheer a4 in articulo mortis chi if more than if spouse died one, 1/4 if within 3 months ee Except if lived STegch (1/2) . [pester morethan Syears 2, dae he posite combinations ofthe? ‘A (es) But only one, that ofthe legitimat £1/2; share of each L@Ob1/Ait only one, ‘ahaceataagh UC bupnot texted ee prton De la Merced v. De la Merced 303 SCRA 688 (1999) Evarista died and her brother Francisco inherited. He died too. His illegitimate son, Joselito, asked to be part of Francisco's share in Evarista’s estate. The heirs of Francisco argue that being an illegitime child, Joselito cannot inherit from Evarista, because of the bar in Art. 92 prohibiting illegitimates from inheriting from legitimates. HELD: Art. 992 is not applicable because involved here is not a situation where an illegitimate child would inherit from a legitimate sister of his father. Rather, the illegitimate son would be inheriting from his father, the latter's share in what was already inherited from the deceased sister, Evarista. So there ig no legal obstacle for the illegitimate son to inherit in his own right as an heir to his father’s estate. Reserva Troncal You foot! No man can kill nel Ge row” = Witch King to Eowyn “Tam no mart" - Eowyn to Witch King Gr reser in order to preserve wealth and ownership. The a fe» moana of preserving wealth within ono family. also contrary to the constitutional precepts oa disiabubanof CRC: The Spanish Civil Code used to have several Q. What is the difference between legitime and reserva troncal? A. The testator, in legitime, is required to preserveGerfain aliquot shares But in reserva troncal, he is required to preserve Nete (Geiyascendntye burdened wth te ob tion to presery (Q. What is the most common scenaria where reserva troncal occurs? A. A parent (let's say the father,vsince Jack says men usually die before women, since women are better suited to oan pain and suff and leaves property © theson- The son dies then the property 1s inherited by Ure ‘Qriain (father) gratuitous tie (on) -37-Q. Whois the origin? A. He i the source of the property. Q. Whies persons may be the o Solivio v. Court of Appeals 182 SCRA 119 (1990) Esteban acquired property from his mother. Esteban died leaving as his heir a maternal aunt, and a paternal aunt. The paternal aunt was able to have the properties placed in Thame. But the maternal aunt filed tion, claiming that she is also an hele, The ‘maternal aunt claims that al ofthe 5, since itis covered by reserva troncal HELD: The property of Esteban ict Teservable proper because Esteban was not ap ascendant, but the desendant of @ig mothe from whom he inherited the properties. re, he did not ROK Ris inheritance subject to a reservation in favor of his maternal ‘aunt. The reserva troncal applies to properties inherited by an ascendant from a descendant, who inherited it from another descendant. It does not apply to property inherited by a ‘descendant from his ascendant, the reverse ofthe situation covered by reserva troncal. Allan: {think the maternal aunt was claiming tat Eatebadwas a reservista. But Esteban, being a descendant, can never be a reservista, At most, he was a probable prepositus, but since he'no Tonger had an ascendant to transfer the property to, reserva troncal never arose Who can be the prepositus? ~ ‘A. Any descendant can. beg repost ‘may be a child or a grandchild. ‘The degree does not matter. . tustrate the danger sought to be avoided by reser tone. A. Paternal grandfather dies and leaves pi the grandson. Grandson dies and his property is inherited by maternal grandmother. Without feserva troncal, iSfor the siblings of the grandmother tn inbecit the property. Thus, the ‘weilth i trangferted from the: pe Maternal Line. Q. Paternal grandfather dies, leaves property o grandson. Grandson dies, leves property to father. A. There is no reserva troncal here, since the property never let the paternal ling. Q. What are the principles to remember in reserva troncal? A. They areas follows: HT neiiae ‘heey eer say a toatl ‘There may be reserva troncal with a ¢ as origit Trot always. From the origin to the prepositus, the property should Gansfer by gratuitous Be, Tom te pete de ronan bene ar ad oe ‘The prepositus myst not eave legitimate descendants Pale illegitimate son is entitled to succeed from the father. the property ofthe illegitimate som be inherited by the mother? jes. “Parents are compulsory heirs of theie children, Q. forgn the grandfather, uncle, oF cousin inherit? A bar provided by Art. 992 prevents the illegitimate from inheriting from the legitimate relatives, and vice versa. -38- Siesta coriveen Can the father donate property tothe illegitimate son? Affe, 2Q What ifthe father has other illegitimate children, can an inherit via reseroa tronccl as reseroatarios? A. There are two views: 1. One view provides that the reservata from the prepositus. So under this view, the reservatarios can Jaherit. since the bar under Art. 992 from inheriting from other illegitimates. 2. Second view says thatthe reservatario inherits from the reservista, There can beno transfer here, since the bar uncler | Art. 992 will apply. CRC: The weight ofthe authorities is with the¢fst view, that the reservatarios inherit from the prepositus. So the bar of Art. ‘992.will not apply, and they can inherit. (2. Con am adopted cid be resrotario? For example father dis, leaves property sn. Son di, lames property mater. Father and mother fge.an.adopted chit? Is there reserva troncal in favor of this child? ‘A. Itall boils down to the twin requirements that the reservatario should be in the direct line anfshould be within three degrees from the prepositus, So if the adopted son is a nephew of an uncle OF he prepositus, th adopted son was an illegitimate child of the father, then iticallawed. But ifthe adopted son isa not allowed. It may be argued that adoption creates line by fiction afJaw. But this line exists only bel the Slope -tone-Fheprepositusis not conned tothe adopted son 20 the adopted cannot aim. ©. Coma adopted cd be Kgecpentas? Al line crented i «ua tenunseonateterioalio satan O. Father and Mother have sv children(A an). Father dies 1d wills the property to B. B dies withaut issue, and the ‘The danger sought to be avoided by reserva is not present, because the chi BS ana his mother both belong to the. Property transfers to kis mother Ts there reserea here? oes ine. So there is no obligation to preserve the property in favor of the line from which the property came from, & Seat intense he rote or site a rin A. Itis lirnited i Father and Mother mary, We inde, Mother dies, Father marries Step Mother, bears: rather dies and transfers property to Cinderella dies transferring property to Snow Wh zate Seow es ies ranslerring property to Sap Mother, At this point the property has ‘changed lines. $o there is now has to preserve the property in favor of the reservatarios from, etter ime Tine. Q. I'm confused. A. Study illustration below: Tn foe etn | ewmen, title, Cinderella (origin) preposins) the eens sing oa call? ASS ig whee sh ae in aati Q, reservista be a collateral? C Never} The reservista is always an ascendant. Q. What if the property acquired by the prepositus Gis saldbto the: A. Then the property would no lony cae5. From the prepossto the eservista, the propert(S5GUI taser by ope ‘operation of law). Q. How should property transfer from the prepositus to the reservista? A. By @éeration of laW> This includes both the tansfer by legitioe.oc by intestacy. (Q. What portion of the property transfered is covered roncal? A. Thisis, snweted by the Unory al Genta aed ‘minim: FACTS Father dies, transfers hacienda to son. 0. eh . 5 Rie we iyi dich aioe te, property. Q. What ifthe property tranamitied from the origin to the > 4-if the cash isthe only property ofthe son and (did not spend the entire thing then it wll be covered by-cesesva, CRC: If the son dies intestate and does not have property apart from what he obtained from the origin, forget reserva ‘axima/ minima, The entire property goes to resr¥ay Maxima/ minima applies only when Ue son owns Somme estpasy of sown property FACTS: Son's net estate: PIOOM cash, hacienda worth PIOOM. Dies without issue survived only by his mother. Will says, “All to my mother.” Q. Explain reseron maxima under the given facts ‘Als reserva maxima, as long as the property can be accommodated in the legitime, thCenvire property will be rerypUle. So the ertire ha covered by the reserva since it can be accommodated Tegitime wall be the hacienda worth P1OOYS the free portion will be the P1OOM cash. 0 Epler nina Eplirmamtmene eset seis peer ena em sae nicers a chaps ity mmganers Hendin nga eee pepe ‘reserva troncal. = ae —— eT The it legiti QRH repens has is descendants, wil her sl be reser? ._For the legitimate prepositus, his legitimate children will exclude the ascendants. ‘The legitimate descendants will Frevent the inheritance ofascendants. For the illegitimate prepositus, tere isa bar th Art 992 from inheriting. Essentially, 7S mo reserva in the illegitimate family. ‘There is only reserva in the legitimate line? What are the qualifications ofthe reserotarios? A ‘They mus bein hesameline asthe iepasius and inthe degrees fom iG, om Q.Sowho are these people? Indicate also whether they may be reseroatarog Ape Gp A Let us identity all the heirs that fll within the same line and within the third degre: - 1. Bist degree a. Parents ill be the reservista b. Children = will exchude the ascendant leg - no reserva 2 Second degree Grandparents . Brother/ sister S gcarandchildren - OpLeg ~ will exclude ascendant, Ieg-—-ne-reserva 2. ticddepee 2 ES eantpuew (5) --b. Great grandchildren - NO; Leg - will exclude ascendant, Illeg - no reserva s. Nephews and nieces - YES. 4. Uncles and aunts - YES Resid val Issues on Re Q. From whom does the reseroatario inherit? A. From the prepositus, Theoretically, there is no absolute ownership by the reservista. So he isn’t the one from whom the reservatario should inherit. The reservatario just has to survive the reservista in erder to inherit. Q. Is there representation among the reserouterios? ‘A. Only insofar as those who represent each other belong to the third degree. Those in the third degree can represent those In the second degree, those in the second degree can represent those in the first degree. ‘The only effect is for them to obtain, reference, since the nearer exclude the further. But those beyond the rd degree can never inherit by reserva troncal, not. even by representation. Cousins therefore cannot obtain the reserva, since they are in the fourth degree, They are barred. from inheriting the reserva. Q. Compare te reseristaim reseroetroncal with the fiuciary in fdicommissary substation. A. Study the following charts Reservista idk juciary ‘Takes the property not knowing it is subjedt to | Takes the property knowing that = reserva troncal, especially ifthe ascendant does not | subsequent transfer know where the property ofthe prepositus/ descendant comes from subject to a ‘Usually in good faith: does not know his “duties” | He knows that he has fiduciary duties Reserva troncal does not have to be provided in the | Fideicommissary substitution has to be provided wll for in the will Has some duties (unsettled) ‘A position of trust, has certain trust characteristics, so he has the duty to preserve and to transfer Q. Does the reservista have to comply with duties? A. Under the Spanish Civil Code, the reservista in reserva viudal had three duties. The provisions stated that the reservista in reserva troncal has the same duties. These duties are as follows: 1. Toannotate the nature of the reserva 2 Tomake an inventory of the assets under reserva But the New Civil Code has done away with reserva viudal, and there are no longer duties provided in the Code. So some ‘commentators will say that he has no duties, despite of the rulings in the cases of Gonzales and Sumaya. ‘Sumaya v.1AC 201 SCRA 178 (1991) Raul inherited property from his father. He died and this property was inherited by his mother, who sold the property to Sumaya. Upon the death of Consuelo, Raul’s brothers and sisters filed a case claiming that the property sold to Sumaya was reservable in character, and claim reconveyance. Sumaya claims that itis an innocent purchaser for value. HELD: The reservista (here, Consuelo the mother) has the obligation to annotate the reservation in the title. The jurisprudential rule requiring annotation of the property subject to reserva viudal as it applies to reserva troncal stays despite the abolition of reserva viudal. ‘The right to compel registration accures upon the time of the death of the reservista and not upon the death of the prepositus. Only when the reservista dies will the reservatario acquire the reserved property and only then will they take their place in the succession of the Prepositus of whom they are relatives within the third degree. Although there was io annotation on the ttle, Sumaya was not an innocent purchaser for value, since the parties had knowledge of the reservable character. Q. If the reservista does not cause the annotation ofthe reseroa on the ttle, what can the reservatario do? ‘A, He can ask for the annotation. He has personality to ask for the lien to be annotated. But there will be no penalty for the reservista for his omission. =41-Q. Car there be an innocent purchaser for value? ~ A. If the reservation is annotated, then there can be no innocent purchaser for value, (Q. But isthe sale stilt valid? A. Yes, because the reservista has valid title. CRC says however, that the Supreme Court pronouncements on this matter have vaciilated (or, as CRC says, has flip-lopped). Q.Whatis the right of the reseroaterio in this case? A. He can ask for the return of the property. But this right is subject to prescription. Completing the Legitime (includes Inofficious Donations & Legacies and Devices) Home is behind, the world ahead, ‘And there are many paths to treed. Through shadow, 0 the edge of right, Until the stars ore all alight. ist ond shadow, cloud and shade, Al shal fade! Al shall fode Pippin singing Q. Why is reseroa tromcal placed together with legitimes? ‘A, Because the reserved property is not included in the inventory of the assets to complete the net estate of the heir Gonzales v. CFI Manila ‘104 SCRA 479 (1981) Filomena inherited property from her father Benito. Filomena died intestate, so property was inherited by mother, Mrs. Legarda. Mrs. Legarda executed a will bequeathing the property to her grandchildren. After she died, onc of her daughters sought to exclude from ‘the inventory that Mrs. Legarda obtained from her daughter Filomena. ‘The daughter (2nd degree) claims that these properties are subject to reserva troncal. The grandchildren (rd degree) in turn argue that since they are neirs inthe third degree, then the result isthe same. HELD: Mrs. Legarda cannot convey the reservable property which she inherited from Filomena. All of the reservatario are equally entitled to share in the reserva troncal. While it as true that by giving the reservable property to only one reservatario that it did not pass to the hands of strangers, nevertheless, it is likewise true that the grandchildren were only some of the reservatario and there is no reason why the other reservatarios should be deprived of their share in the reservable property. Q. What are the steps in completing the legitime? A. They are: Listing and valuation of the assets of the deceased ‘Computation of the Net Partible Estate Imputing the donations Reduction of the donations 1 and the: CRC: This should inelude only the assets of the deceased at the point of death. From this inventory, subtract the liabilities of the testator. This figure is called the Net Estate. You proceed to the computation of the net partible estate only when you hhave more assets than liabilities. When you have more liabilities than assets, you have an insolvent estate. So apply the Provisions of the Code on Concurrence and Preference of Credits to partition the estate among the creditors, 2 ut Ne CRC: The net partible estate is computed by collating the donations and adding this to the Net Estate. Collation is done for Purposes of equalization among the heirs. At this point of collation, there is no actual or physical return of the assets. Only the value at the time of the donation is brought back to the estate. All transfers which are gratuitous are collated. Transtexg > —to both compulsory heirs and voluntary heirs are collated. The value obtained isthe Net Partble Estate. This becomes the basis for the legitime and the free portion. S.umputing the donations FACTS: X dies, leaving as heirs his children A and B, wife Y. He gave a donation of PS0M to A during his lifetime, and PS0M. to stranger. He left PI0M of assets, P20M abilities. Inventory PIM - Liabilities P 20M Net Estate 150M. + Donations P 50M NetPartible Estate P200M So: Tegime Donations given a PSOM. P50. B PS0M : ¥. PSOM. = ‘Stranger = POM ‘The donation of P50M to A, the child, is imputed to his legitime. The donation to the stranger of PSOM is portion. Both are allowed. Note that the P200M need not be at hand. As in this case, some of the shares donation to A and the Stranger) have been paid already. ctl donati ‘This is done only when the legitime is impaired. The basic things to remember: na annul or reduce 1d devise ahead of the d ‘CRC: The legacies and devises are contained in a will. The donation is inter vivos. Both constitute the testator’s free will, so it should be respected. But the donation was done earlier, soit is given preference. . Art 911 seys that the reduction ofthe devises or legacies shal be pro rata, without any distinction whatsoever. But Art. 950 says that ‘the reduction of devises and legacies follow a certain order, that i, remaneratory, preferential, those for support, then education, How do. _you reconcile this conflict? ‘A. Art S11 applies only when the question of preserving the legitime of compulsory heirs from inofficious dispositions is involved, while Art. 950 applies when such question is not involved in the case, and the conflict is only among the legatees and devisees only, since the only people who survive are the legatees and devisees. Q. What is the rule where the devise or legacy consists of a usufruct or life anmuity? A. If the value can be accommodated in the free portion, itis to be respected. IFits value is greater than that ofthe disposable Portion, the compulsory heirs may choose between: 1. Complying with the testamentary provision, or 2 Delivering to the devisee or legatee the entire free pertion only Art. 912. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, o the compulsory heirs: bbut the former and the latter shall reimburse each other in cash for what respectively belongs to them. ‘The devisee who is ‘entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime. Imperial v. Court of Appeals ‘316 SCRA 383 (1999) Leoncio Imperial donated property to Eloy Imperial, his son. Leoncio died, leaving as his heirs, Eloy, and an adopted son, Victor. After the death of Victor, his biological siblings filed =43-vy complaint to annul the donation, claiming it is inofficious, as it impaired the legitime of Victor. Eloy, the donee son, claims there has been prescription. HELD: This is a case of a real action over an immovable. The Civil Code does not provide for the prescriptive period for the reduction of inofficious donations. So the general rule applies, embodied in Art. 1144 which says that actions upon an obligation created by law must be brought within 10 years from the time the right of action accrues. Thus, the 10 year Period applies to the obligation to reduce inofficious donations. This shall be reckoned from the time the cause of action accrues, which is upon the death of the donor-decedent. This is because only then can the net estate be ascertained and the legitimes determined. The case was filed 24 yers after the death of Leoncio, the original decedent. So the action has long, prescribed. Note that a claim for legitime does not amount to aclaim for title. 2.When the legacies and the devises are exhausted and the legitime is still impaired, reduce the donations. Q.s there any preference among donations? A. Based on time. The rule is last in, first out. So the prior donations are respected since they were given ahead. G When itis necessary to bring the donation back tothe estate, isthe donee charged with interest? A.No. There is no penalty or damages or interest imposed on the donee, since it was given by the testator. Q. What is the exception on donations that may not be collated even when it impairs the legitime? A. The exception is found in Art. 1070: Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit, shall not be reduced as inofficious except insofar as they may exceed one-tenth of the sum which is disposable by will. Disinheritance Q. What is the effect of disinheritance? Vizconde v. Court of Appeals 286 SCRA 217 (1998) Esirellita purchased from Rafael, her father, the Valenzuela property. She sold this and bought the Paranaque property. When she died, half of the Paranaque property was inherited by her father, and half was inherited by her husband, Lauro, since she died without issue. The father died. Later, the heirs of the father claim that the sale to Estrellita of the Valenzuela property was simulated. Hence, the Paranaque property, which was purchased from the sale of the Valenzuela property, should be brought to Rafael's estate for collation. HELD: The order of collation is premature, because the records do not indicate that the legitime of any of Rafael's neirs have been impaired to warrant collation. In any case, the husband is not one of Rafael’s compulsory heirs. The husband was not even a creditor of the father. Hence, he may not be dragged into the intestate proceedings. Furthermore, itis to be stressed that Estrellita died ahead of her father. In fact, it was the father who inherited from. Estrella. Thus, collation may not be allowed as to the value of the Valenzuela property, since it has long been returned to the estate of Rafael. Collation is an act by virtue of which the descendants who intervene in the division of the inheritance bring into the common mass, the property received from him, so that the division may be made according to law and the will of the testator. Collation is only required of compulsory heir succeeding with other compulsory heirs and involves not the property itself but the value of the property at the time it was donated. Hence, collation does not impose any lien on the property or the subject matter of the collationable donation. “That future is almost gone." - Elrond to Arwen “But itis not lost.*~ Arwen to Elrond A. Disintheritance deprives a compulsory heir of his legitime and his share in the free portion. -44-Q. How do you effect a disivheritance? A. Only through a will, and the legal cause shall be specified. Q. What are the common grounds fr disinheritance? A. They are: 1. When the heir has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; 2 When the heir has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; 3. When the heir by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; 4. Arefusal without justifiable cause to support the testator ‘L_When the heir has been found guilty. tor, his or her spou: endants, ascendants, Q.Isjinal conviction needed? ‘A, Itis needed only to disinherit the ascendant and the descendant. As for the spouse, conviction is not needed, because an attempt against the life of a spouse is ground for legal separation. One of the grounds for disinheriting a spouse is when he or she gives ground for legal separation. Q. Sois legal separation needed to disinherit? A.No. Merely giving ground is sufficient. Q. Does the “attempt” include the other stages in the criminal act? ‘A. Only the frustrated stage. It cannot include the consummated stage, because after the heir kills the testator, the testator can no longer validly disinherit the heir, on account of his death. However, the heir still cannot inherit because of unworthiness. Unworthiness arises by operation of law, and there is no need for it to be provided in the will. the heir has accused rim ich the law prescribes i re, if accusation has been found groundless; Q. Explain the six yeors penalty A. It means that six years is the maximum imposable penalty. It does not pertain to the actual penalty imposed. (Q. Must the heir fe the criminal complaint himsel/? A. No. He may just be a witness. Note that by reason of filial privilege, the heir cannot be compelled to testify. So if he testify, he waives this privilege and a cause for disinhertance aries. However, the accusation here is must be groundless. ‘The truth, as CRC says, shall set you fee Q. Todisirihert the descendant, the accusation must be groundless, and for the ascendant and the spouse, false. Any difference? A.None. No distinction, Q. Who determines ifthe accusation is groundless? A. The court makes the finding, by acquitting the accused testator. The finding of groundlessness does not lie with the testator. 2 When the heir by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made: (Q. Is there a need for the new will to benefit the new heir? A.No. So even ifthe wills made for the henefit ofthe maid or the driver, the heir is disinherited. Allan: CRC thinks this ground is unfair. 44.4 refusal without justifiable cause to support the testator CRC: The refusal here has to be unjustified.’ Ifthe heir has no resources, obviously the refusal cannot be unjustified. f the heir has resources, you have to check the reason. If the reason is merely greed, then the testator may disinherit. Ifthe reason is because whenever the heir gives him money, he goes.and buys liquor, then the refusal is justified. -45-rt (Q. What are the grounds for disineriting a descendant which is unique to him? A. They are 1. Maltreatment ofthe testator by word or deed, by the child or descendant; 2. When a child or descendant leads a dishonorable or disgraceful lie; 3. Conviction ofa crime which carries with tthe penalty of civil interdiction, Q. What does maltreatment of the testator consist of? A. Not just physical, hence “by word or deed.” So if you go around and tell people about family secrets, then this is a ground for disinheritance. But the maltreatment should be intentional Q. Why does lading a dishonorable fe constitute aground for disinheritance? A. Although the child may argue that he may lead his life the way he chooses, doing so will cause damage to the name of the testator. So he may disinherit the child. The dishonorable life need not be sexual in nature. Leading a life of an estafador can also be ground for disinheritance. Note: Civil interdiction is an accessory penalty, imposed for crimes where the penalty is death, reclusion perpetua and reclusion temporal. Q. What are the grounds for disinheriting an ascendant which is unique to kim? A.They are: 1. When the parents have abandoned their children ot induced their daughters to live a corrupt or immora: life, or attempted against their virtue; 2. When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; 3. The loss of parental authority for causes specified in this Code; 4. Anattempt by one of the parents against the life ofthe other, unless there has been a reconciliation between them. Q. What are the grounds fo disinheriting a spouse which is unique to him? A. They are: 1. When the spouse has given cause for legal separation; 2. When the spouse has given grounds for the loss of parental authority; CRC: There are 10 grounds for legal separation, but only 8 grounds are due to a spouse. Those which do not arise because of the fault of the spouse should not be grounds for disinheriting, For instance, acquiring a sexually transmissible disease through a blood transfusion need not be a ground for disinheriting, Allan: But sexually transmissible disease does not seem to be a ground for legal separation. It is a ground to annul the marriage. Q. Why is giving ground for loss of parental authority a ground to disinherit the spouse? ‘A. Because when the spouse does something to the child, this can be cause for hurting the feelings of the testator. Q. What is the effect of subsequent reconciliation? A. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made. Q. Is there representation in disinkeritance? A. Yes. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the Property which constitutes the legitime. ‘The very warmth of my blood seems drawn away." ~ Gimli, on the road to Dimhott Midterms -46-