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PROPERTY RELATIONS

Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements
(2) By the provisions of this Code
(3) By the local custom.

Default Rule in Property


The Absolute Community of Property (ACP) will govern in the absence of a valid marriage
settlement. (Art 75)
All modifications to the marriage settlement must be made before the marriage is celebrated

Exception to ACP in Default


When the 1st marriage is dissolved by reason of death and the 2nd marriage was entered into before
the conjugal partnership is liquidated, the law mandates that a regime of complete separation of
property shall govern.

Marriage Settlement
Must be in writing (private or public) for validity
Registered in Local Civil Registry where the marriage contract is recorded
Registered in the Proper Registries of Property
If below 21, must be with parental consent

Examples of what they put on the marriage settlement


Regime of Separate Properties
Donation in consideration of marriage
Specific properties which would not be part of community of property
Division of property in the event of dissolution

Donations Propter Nuptias


If property regime is not ACP, the future spouse cannot donate to the other in their marriage
settlements more than one-fifth (1/5) of their present property

Why exempt ACP?


If the regime is ACP, it is useless since such donation shall become part of the community property.
In addition, donors tax must be paid.

When donation by reason of marriage can be revoked by Donor


(1) If the marriage is not celebrated or judicially declared void ab initio.
(2) When the marriage takes place without the consent of the parents or guardian, as required by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude under Art 765.
Donee should commit an offense against the person the honor, or property of the donor, his wife,
children
If donee imputes to donor any criminal offense or act involving moral turpitude, even if he should
prove it, unless the crime is against the donee, his wife, or children
If he refuses him support when donee is legally or morally bound to give

Prohibition on Donation during marriage


General Rule
The spouses may not donate to one another except moderate gifts to each other on the occasion of any
family rejoicing
Article 87 is applicable to common-law spouses (Matabuena vs. Cervantes)

System of Absolute Community


Community property shall consist of all the property owned by the spouses at the time of the
celebration of the marriage or acquired thereafter

Application of ACP
At the time of marriage, Husband had P 100, Wife had P 10
When marriage is dissolved the next day, Husband has P 55 left
Wife has 55 also (100 + 10)/2

Excluded from Community of Properties


Property acquired by gratuitous title during marriage, including fruits and income
Inheritance
Donation
Unless it is expressly provided by donor, testator, or grantor that they shall form part of the
community property

Property for personal and exclusive use of either spouse


Except jewelries of substantial amount
What is personal depends on the stature of the family
Property acquired before the marriage by either spouse who has legitimate descendants by
a former marriage, and the fruits and income of such property
To protect the children of first family
If terminated by death without liquidation, then Complete Separation Regime. If with liquidation,
ACP applies.

Property Acquired using Separate Properties


Sta. Marias theory is they become common property
No provision similar to Art 109 of CPG on conversion
Not in the excluded list as provided by Art 93 which states that all property acquired during the
marriage is presumed to belong to the community

Charges upon ACP


Support for Common or Legitimate Children
- Illegitimate child primarily from separate property, but subsidiarily from ACP
Debts and Obligations
Tax liens, charges and repairs
Tax expenses for preservation of separate property
Self-improvement activities
Liabilities by reason of crime or delict
Expenses of litigation unless suit is groundless

Rules on Debts / Obligations


Obligations contracted by the designated administrator spouse for the purpose of benefiting the
community
Obligations contracted by both spouses
Obligations contracted by 1 spouse with the consent of the other

Debt contracted w/out Consent of the other spouse


ACP is liable only to the extent that the family may have benefited
This rule will apply also for businesses done without the consent or knowledge of the other spouse.
Same with ante-nuptial debts
Burden to prove benefit on the creditor

Administration and Enjoyment of Community Property


Administration of the community property belongs to both spouses jointly
The power to administer does not include the power to dispose or encumber solely by 1 spouse.
Court authority or the approval of the other spouse is required
Both spouses must consent to the encumbrance or disposition of the community property

In case of disagreement
The husband's decision shall prevail
Subject to recourse to the court by the wife for proper remedy
Within 5 yrs from date of contract

Dissolution of the ACP


Death
Legal Separation
Annulment or Void marriage
Judicial Separation of Property

Steps in Liquidation
1. Inventory
Three lists
a. Inventory of community property
b. Inventory of separate property of the wife
c. Inventory of separate property of the husband.
2. Payment of Community Debts
- First, pay out of community assets
- If not enough, husband and wife are solidarily liable with their separate property
3. Delivery to each spouse his or her separate property if any.
4. Division of the net community assets
NOTE: There are special rules regarding the family home.
5. Delivery of presumptive legitimes if any to the children

Conjugal Partnership of Gains


Governs for marriage celebrated before August 3, 1988
The following are owned in common:
Income of their separate properties
Everything acquired by them through their efforts

Everything acquired by them through chance

Application of CPG
At the time of marriage, husband had P100 and wife had P10
When marriage is dissolved the next day, Husband will have P100 and Wife will have P10
When marriage dissolved sometime later and value of Asset is already P 160
- Husband has P 125 (100 + 50% of 50)
- Wife has P 35 (10 + 50% of 50)

Excluded Properties
Property brought to the marriage as his or her own
Property which each spouse acquires during the marriage by gratuitous title
- Fruits and income from such property shall however be conjugal
Property which is acquired by right of redemption, by barter or exchange with property belonging to
only one of the spouses
Property which is purchased with exclusive money of the wife or of the husband

Retirement Benefits, Pensions


Governed by the rules on gratuitous or onerous acquisition.
Whether a person is entitled to it as a matter of right or mere liberality.

Property Bought on Installment


Paid partly from exclusive funds and partly from conjugal funds
Depends on when full ownership was vested. If before marriage, exclusive property regardless of
source of fund

Personal Debts/Fines and Indemnities


Conjugal only if redounds to benefit of family
Otherwise separate property is liable
May be enforced against the partnership assets only after conjugal debts have been covered, if the
spouse who is bound should have no exclusive property or if it should be insufficient

Procedures in Liquidating CPG


1.

Inventory of the CPG assets.

2.

Restitution of advances of spouse

3.

Payment of debts to each spouse

4.

Payment of obligations to 3rd parties

5.

Delivery of exclusive properties

6.

Payment of losses and deterioration of movables belonging to each spouse

7.

Delivery of presumptive legitimes

8.

Division

Grounds for Separation of Properties


By Voluntary Petition of both spouses
That the spouse of the petitioner has been sentenced to a penalty which carries with it civil
interdiction;
That the spouse of the petitioner has been judicially declared an absentee;
That loss of parental authority of the spouse of petitioner has been decreed by the court;
That the spouse of the petitioner has abandoned the latter or failed to comply with his or her
obligations to the family as provided for in Article 101;
That the spouse granted the power of administration in the marriage settlements has abused that
power; and
That at the time of the petition, the spouses have been separated in fact for at least one year and
reconciliation is highly improbable.

Property Regime of Union without Marriage (Art 147)


Where both capacitated to marry each other
Live exclusively as husband and wife but without marriage or marriage is void
Regime is special co-ownership
- Presumed by joint effort and both share equally
- Care and maintenance of family is contribution of the other spouse

Special Rules of Art 147


The co-ownership cannot be terminated until the cohabitation is also terminated
The co-owner may not dispose or encumber his share in the property

Property Regime of Union without Marriage (Art 148)


Where requirements of Art 147 not present,
Only the properties acquired by both of the parties through their actual joint contribution of money,
property, or industry shall be owned by them in common in proportion to their respective
contributions
But in the absence of evidence, presumption is equal contribution

Family Home

Dwelling house where the family reside, and the land on which it is situated
Deemed constituted at the time it is occupied
Exempt from Levy, Attachment, Execution
Shall not exceed P300,000 in urban areas
In dissolution, shall be adjudicated to the spouse with whom the majority of the common children
choose to remain
May not be sold, alienated, donated, assigned or encumbered without the written consent of the
person, the spouse, and a majority of the beneficiaries of legal age
Shall continue for 10 yrs after death of one of the spouse or so long as there are minor beneficiaries.

Exceptions to the Exemption


Non-payment of taxes
For debts incurred prior to the constitution of the family home
For debts secured by mortgages on the premises before or after the constitution
For debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building

DEFECTIVE MARRIAGES
Subsequent Marriage based on Presumptive Death
Spouse have been absent for 4 consecutive years.
Well-founded belief that absent spouse already died
Summary Proceedings for declaration of presumptive death

Shortening of the 4 year period


Where there is danger of death, 2 yrs sufficient
- On board lost vessel
- Armed forces
- Life in danger

Termination of Subsequent Marriage


Subsequent marriage automatically terminated by the recording of the affidavit of re-appearance of
the absent spouse
Effects:
- Children of subsequent marriage is legitimate
- ACP or CPG dissolved and liquidated
- Donation by reason of marriage remains valid

Legal Remedies to Problematic Marriages


Declaration of Nullity of VOID Marriage
(Void ab initio)
Annulment of VOIDABLE
(Valid until annulled)
Nullity by reason of PSYCHOLOGICAL INCAPACITY
LEGAL SEPERATION
(Separation Board and Lodging only)
Separation of PROPERTY
(Dissolution of Absolute Community of Property)

Void Marriages
One party less than 18 years of age
No authority of solemnizing officer
No Marriage License
No Marriage Ceremony

Bigamous or polygamous marriages


Mistake as to identify of one contracting party
Incestuous Marriage
- Ascendants and descendants
- Brothers and sisters, whether full or half blood
Public policy prohibition

Public Policy Prohibition


Between blood relatives up to the 4th civil degree;
Step-parents and step-children
Parents-in-law and children-in-law
Adopting parent and the adopted child;
Surviving spouse of the adopting parent and the adopted child
Surviving spouse of the adopted child and the adopter
Adopted child and a legitimate child of the adopter
Adopted child of the same adopter
Parties with the intention to marry the other, killed that other persons spouse, or his or her own
spouse

Effects of Declaration of Nullity


As if no marriage at all
Children are Illegitimate
Property divided on the basis of Art 147/148
Where one of the parties is in bad faith, his share shall be forfeited in favor of the common children,
other descendants, if none, then to the innocent party

Good/Bad Faith Material if:


Either of the contracting parties in good faith believe that solemnizing officer has authority
Where both parties in a subsequent marriage are in bad faith,
- The marriage is void ab initio.
- All donations and testamentary disposition revoked by operation of law

Special Classes of Subsequent Marriage


Subsequent Marriage without securing Judicial Declaration of Nullity of Previous Marriage
Subsequent marriages without settling property as required by law
Subsequent Marriage terminated with the reappearance of spouse declared presumptively death.

Subsequent Marriage
Declaration by the Court
A partition and distribution of the properties of the spouses
The delivery of the childrens presumptive legitime
The recording of the judgment of nullity with the appropriate civil registry and registries of property

Declaration by Court Needed


For purpose of re-marriage, the absolute nullity of a previous marriage may be invoked solely on
the basis of a final judgment declaring such previous marriage void. (Art 40)
Otherwise, guilty of Bigamy
For other purpose, can be collaterally attacked.

Effects of Termination of Subsequent Marriage


Children conceived before termination of subsequent marriage are legitimate
ACP/CPG is solved and liquidated
Donations by reason of marriage valid
Those in bad faith disqualified from inheriting from innocent spouse
Innocent spouse may revoke designation of guilty as beneficiary in insurance policy

Requisites of Psychological Incapacity


Medically or clinically identified
Sufficiently proven by experts
Existing at the time of celebration of marriage
Medically or clinically Permanent or incurable
Grave enough to make him unable to perform essential obligation of marriage
Alleged in complaint, proven by evidence
- Prosecutor and Solicitor General represent the state
- Doubts resolved in favor of existence and continuation of marriage
- Decision of church matrimonial tribunal, not controlling but respected

Essential Marital Obligations


Live together, observe mutual love, respect and fidelity and render mutual help and support
Perform the rights and duties of a parent
Even party with psychological incapacity can file the action

Examples of Psychological Incapacity


Man and woman cracks up after having a child
Neuroses, psychoses or other personality disorder
Homosexuality or lesbianism
Excessive hunger for sex
Extremely low intelligence
Immaturity, excessive dependence on parents or peer
Habitual alcoholism, drug dependence/ addiction
Consistently getting into trouble with law
Refusal to have sex or have children
Compulsive gambling, unbearable jealousy
Sadism, infliction of physical violence
Constitutional laziness

Effects of Art 36 Psychological Incapacity


Children conceived or born before the declaration is legitimate
Property is divided based on Art 147/148

Voidable Marriage (Valid until annulled)


Lack parental consent (18-21)
Unsound mind ( insanity )
Fraud in securing consent
Force, Intimidation, Undue Influence
Incapable of Consummating Marriage
Incurable Sexually Transmissible Disease
Lack parental consent (18-21)
- by the parent until party reach 21
- by the non-age party within 5 yrs from attaining 21.

Unsound mind (insanity)


Mental soundness relative to capacity to give consent can be filed at any time before death by
either sane spouse who married without knowledge of insanity, guardian of insane spouse, or insane
spouse during lucid interval unless party after coming to reason freely cohabitate

Fraud (Limited to ff. circumstances)


Non-disclosure of previous conviction from crimes involving moral turpitude
Concealment of pregnancy by another man at time of marriage
Concealment of Sexually Transmitted Disease, regardless of nature, at time of marriage
Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism, at time of
marriage

Crimes of Moral Turpitude


There must be conviction
No need to investigate
Involves crimes contrary to justice, honesty good morals
Examples of crimes involving moral turpitude:
- Estafa
- Homicide

Concealment of pregnancy by another man at time of marriage


Limited to fraud by wife
Must have concealment in bad faith, not mere pregnancy
If pregnancy is apparent, but husband did not inquire, then he cannot claim concealment
Claiming pregnancy, where there is none, is not a ground for annulment

Concealment of Sexually Transmitted Disease


Main point is concealment of such disease at time of marriage;
Gravity is irrelevant
Does not have to infect the other, can even be a non-consummated marriage
If completely recovered, and can consummate marriage without risk to spouse, there is no
concealment.

Drug Addiction & Habitual Alcoholism


Existing at time of marriage, but concealed
Habitual/Addiction means persistent habit, frequent indulgence, fixed and irresistible habit

Homosexuality/Lesbianism
Unnatural affection toward the same sex to the extent that having relations with the other sex is
repugnant
Refers to sexual identity, does not need actual intercourse
Must be concealed

Force, Intimidation, Undue Influence


Force - coercion through violence,
Intimidation fear of imminent and grave evil upon his person property or those of his relatives
Undue Influence Pressure short of actual force that affected free will or judgment to act
intelligently and voluntarily

Criminal Prosecution
Threat of filing rape charge, or other criminal complaint, not intimidation contemplated.
But if charge of immorality subject of threat was false, then can be annulled

Time to File
Can be filed by the injured party
Within 5 yrs from discovery of fraud or from time the force, intimidation, or undue influence
disappeared or cease

Incapable of Consummating Marriage


Within 5 yrs from the marriage ceremony
Permanent inability to complete intercourse
By husband or wife at time of marriage
Doctrine of Triennial Cohabitation applied.
- If after 3 yrs of marriage, wife still a virgin, then presumption is incapable of consumation
Sterility not covered, only impotence

Incurable Sexually Transmissible Disease


Within 5 yrs from the marriage ceremony
Serious and Incurable
Existing at time of marriage, not contracted after
Even if not concealed

Effects of Annulment of Voidable Marriage


Children conceived or born before the finality of judgment shall be legitimate
Spouse entitled to support pendente lite
No children under 7 yrs old shall be separated from mother unless court finds compelling reason to
do so
Dissolution of ACP/CPG
Delivery of presumptive legitime

Remedial Law matters


Complaint filed, other party has 15 days to answer
No default in case of failure to answer
Fiscal shall make sure no collusion
Collusion - parties come up with agreement to provide fake cause for defective marriage

Legal Separation
Does not affect Marital Status
No severance of the vinculum

Grounds
Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner
- If bodily harm, frequency not severity is determinative
- If grossly abusive conduct, not necessary to be frequent
Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation
- Does not have to be repeated
- Only if its against petitioner
Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement
- Mere attempt sufficient
Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned
Drug addiction or habitual alcoholism of the respondent
Lesbianism or homosexuality of the respondent
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or
abroad
Sexual infidelity or perversion
- A single act is enough
- No conviction required
- Perversion includes activities with spouse
Attempt by the respondent against the life of the petitioner
Mere attempt enough, no conviction required
Abandonment of petitioner by respondent without justifiable cause for more than one year

Grounds for Denial of Petition


(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of the offense or act constituting
the ground for legal separation;
(4) Where both parties have given ground for legal separation;

(5) Where there is collusion between the parties to obtain decree of legal separation;
(6) Where the action is barred by prescription.
(7) Death of either party during the pendency of the case (Lapuz-Sy vs. Eufemio)
(8) Reconciliation of the parties

Things to note:
Cooling-off period can only try the petition for legal separation after 6 months from filing
- No hearing on the main issue but the court may hear incidental issues
Steps taken toward the reconciliation of the spouses and is fully satisfied

Effects of Legal Separation


Spouses shall be entitled to live separately from each other, but the marriage bonds shall not be
severed.
The ACP or the CPG shall be dissolved and liquidated. The offending spouse shall have no right to
any share of the net profits earned by the ACP or CPG following the rules of forfeiture in Article 43
Number (2).
The custody of the minor children shall be awarded to the innocent spouse subject to Article 213.
The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. Testamentary dispositions in favor of the offending spouse shall be revoked by operation
of law.
Donation propter nuptias made by the innocent spouse to the offending spouse may be revoked at
the option of the former. (Article 64)
The designation by the innocent spouse of the offending spouse as a beneficiary in any insurance
policy (even irrevocable ones) may be revoked by the innocent spouse. (Article 64)
Cessation of the obligation of mutual support. (Article 198)
The wife shall continue using her name and surname employed before legal separation.

Void

Psychological
Incapacity

Voidable

Legal
Separation

Property
Relation

Rule on
Co-ownership

Dissolution of
ACP/CPG

Dissolution of
ACP/CPG

Separation of
Property

Status of
Children

Illegitimate

Legitimate

Legitimate

Legitimate

Prescription

Never Prescribe;
Can be attack
collaterally

During lifetime of
spouses; Directly
attack

5 years from
marriage or from
discovery; Directly
attack

5 years from
occurrence of
cause

Succession in a Nutshell
By Justice Alicia Sempio-Diy
Definition of Succession

Mode of Acquisition by virtue of which


Property, Rights and Obligation of a person
To the extent of the value of inheritance
Transmitted through his death to others or another
By Will (Testamentary) or by Operation of Law (Intestate) or Mixed

Parties

Decedent Person whose property is transmitted through succession


Testator A decedent who left a will
Heirs Persons called to succession
Devisee Persons to whom gifts of real property are given through a will.
Legatee Persons to whom personal property is given through a will.
Estate Those properties, rights or obligations to be transmitted

Intestate Succession

Legal succession
When a person dies without a will
When heirs named in the will are incapable of succeeding
Presumes what would have been his last wishes

Who are the heirs?

Primary Compulsory heirs


o Legitimate Children and their legitimate descendants
Concurring Heirs
o Surviving Spouse
o Illegitimate children and their descendants
Secondary
o Legitimate Parents and their ascendants
o Illegitimate Parents

Other intestate heirs


In the absence of the compulsory heirs

Brothers and sisters, nephews and nieces


Relatives up to the fifth degree
Government in default of any of the above

Basic Rules

Succession opens at the moment of death


Nearest excludes the farther
Direct line preferred over collateral line
Relatives in the same degree inherits in equal share
What compulsory heirs will get cannot be lower than what they will get from legitime

Right of representation in the descending line

Right of Representation
Right created by legal fiction by virtue of which the representative is raised to the place and degree of
the person represented and acquires the rights which the latter would have if he were living.
Acceptance and Repudiation

No person can accept or repudiate until the death of decedent is certain


Retroacts to the moment of death
Can be partial accept, partial repudiate
Repudiation of testamentary provisions includes repudiation of intestate shares
Acceptance may be implied or in writing
Once made is irrevocable
If repudiate, no right of representation
Repudiation in public or authenticated documents or by petition to court

Collation

Defined Computing or adding certain values to the estate of properties those given by
donation or gratuitous title to compulsory heirs except to spouse
Purpose, to compute legitime, and determining free portion
Only value of thing at the time of donation is brought to collation

Excluded from Collation

All donations intervivos shall be reduced if found inofficious or impaired legitime


Donations not collationable
Donation given to descendants of children
Donation to spouse of children
Expenses for support, education, medical attendance, customary gifts.
Wedding gifts in jewelry, clothing

Testamentary Succession
Two Kinds of Wills

Holographic Will
o Entirely handwritten, dated and signed in language known to testator
Notarial Will
o In writing
o Signed in presence of 3 witnesses, attested and subscribed
o Pages consecutively numbered
o Notarized with attestation clause

Joint Wills

Will executed by two or more persons in the same instruments


Void

Who can make a Will

Must be of 18 yrs of age

Sound mind at the time of execution of will


o Knows the nature of his estate
o Proper objects of his bounty
o Testamentary character of his act
Without force, duress or undue pressure
Presumption of insanity if one month or less before making will, testator publicly known to
be insane.

Legitime
That part of the testators estate which he cannot dispose of because the law has reserved it for
compulsory heirs
Table of Legitime
LC - Legitimate Children
IC - Illegitimate Children
LP - Legitimate Parent
SS - Surviving Spouse
IP - Illegitimate Parent
Scenarios
1 LC + SS
2 1 LC+ SS
3 LC + IC
4 LC + IC + SS
5 1 LC + IC + SS
6 LP Only
7 LP + SS
8 LP + IC
9 LP + IC + SS

Legitimate Legitimate Surviving


Illegit
Children
Parents
Spouse Children
1/2 of Estate
divide equally
1/2 of
Estate
1/2 of
Estate
1/2 of
Estate
1/2 of
Estate

= share of a
child
1/4 of
Estate

= share of a
child
1/4 of
Estate
1/2 of
Estate
1/2 of
Estate
1/2 of
Estate
1/2 of
Estate

12 SS only
13 SS only in Articulo Mortis

1/2 of
each LC
1/2 of
each LC
1/2 of
each LC

1/4 of
Estate

1/8 of
Estate

10 IC only
11 IC + SS

1/3 of
Estate
1/2 of
Estate
1/3 of
Estate

1/4 of
Estate
1/4 of
Estate
1/2 of
Estate
1/3 of
Estate

1/2 of
Estate

14 IP only
1/2 of
Estate

15 IC + IP
16 IP + SS

Illegit
Parents

1/4 of
Estate

None
1/4 of
Estate

AN OUTLINE IN INTESTACY
1. Legitimate children only
- entire estate equal division (979)
The adopted child shall be deemed to be a legitimate child and have the same rights as the
latter. But these rights do not include the right of representation. The relationship created by
the adoption is between only the adopting parents and the adopted child and does not extend
to the blood relatives 0? either party. (Sayson V. CA)
2. Legitimate children and illegitimate children
entire estate, with each illegitimate child getting 1/2 of what legitimate child gets (983 & 176
[Family Code])
3. Legitimate children and surviving spouse
- entire estate, divided equally (the spouse is deemed one child) [996]; the same rule holds
even if there is only one legitimate child.
"Children" as used in 996 is interpreted to include a situation where there is only one child.
There is a rule in statutory construction that the plural include the singular. (Santillon V.
Miranda)
4. Legitimate children, surviving spouse and illegitimate children
entire estate, spouse deemed one Legitimate child and each illegitimate child getting of
what the legitimate child gets (999 and 176[Family Code])
5. Legitimate parents, only
entire estate divided equally (985)
6. Legitimate ascendants only (not parents)
entire estate, divided equally but with observance of the rule of division by line (987)
7. Legitimate parents and illegitimate children
Legitimate parents get 1/2 of the estate; illegitimate children the other 1/2 (991)
8. Legitimate parents and surviving spouse
Legitimate parents get 1/2 of the estate; Spouse gets the other 1/2 (997)
9. Legitimate parents, surviving spouse and illegitimate children
Legitimate parents get 1/2 of the estate; spouse and the illegitimate children get each each.
The latter to share amongst themselves if more than 1) [1000)
10. Illegitimate children only
entire estate, divided equally (988).
11. Illegitimate children and surviving spouse
Illegitimate children get 1/2 of the estate; the spouse gets the other 1/2
12. Surviving spouse only
Entire estate (994/995)
13. Surviving spouse and illegitimate parents
Parents get 1/2 and the spouse gets the other 1/2 (by analogy with 997)
14. Surviving spouse and legitimate brothers and sisters, nephews and nieces
Spouse gets 1/2 of the estate, while the rest gets the other 1/2 with the nephews and nieces
inheriting by representation if proper (1001)
l5. Surviving spouse and legitimate brothers and sisters, nephews, and nieces
Spouse gets 1/2 of the estate while the rest gets the other 1/2 with the nephews and nieces
inheriting by representation if proper; note that all the other relatives should be "illegitimate"
because of the successional bar rule. (994)
There is no reciprocal succession between legitimate and illegitimate relatives. The rule is
based on the theory that the illegitimate. child is disgracefully looked upon by the legitimate

family while the legitimate family is, in turn, hated by the illegitimate child (Corpus V.
Administrator)
An illegitimate child has no right to inherit at intestate from the legitimate children and
relatives or his father. (Leonardo V. CA)
It is clear from Article 992 that the phrase "legitimate relatives of his father or mother
includes all the kindred of the person spoken of (Diaz V. AC)
16. Illegitimate parents only
Entire estate
17. Illegitimate parents and children of any kind
Illegitimate parents do not inherit; for the rule on the children, cf. Numbers 1, 2 or 10,
whichever is applicable.
18. Legitimate brothers and sisters only
Entire estate, with the full blood and half-blood distinction (1004 and 1006)
19. Legitimate brothers and sisters, nephews and nieces
Entire estate, but observe the 2 to 1 ratio for full and half-blood relationships with respect to
the brothers and sisters, with the nephews and nieces inheriting by representation if proper
(1005/1008)
20. Nephews and nieces only
Entire estate per capita, but observe the 2:1 ratio
21. Other collaterals
Entire estate, per capita with observance of basic rules
22. State
Entire estate
Reserva Troncal

The ascendant who inherits from his descendant


any property which the latter may have acquired by gratuitous title from another ascendant, or
a brother or sister,
reserve such property as he may have acquired by operation of law
for the benefit of relatives who are within the third degree and who belong to the line from
which said property came

Revocation of Wills

By implication or operation of law


By overt act
By a subsequent revoking will or codicil
Revocation by subsequent will takes effect even if new will becomes inoperative
Revocation based on false or illegal cause is void

Preterition

The omission of one, some, or all of the compulsory heirs in the direct line,
Whether living at the time of the execution of the will or born after the death
Shall annul the institution of heir
But shall not render invalid devises and legacies

Disinheritance

Compulsory heir deprived of his legitime


Heir disinherited designated by name in clear and uncertain manner
For valid cause designated by law (919, 920, 921)
Made in a valid will
Express statement of cause
Proven if denied
Unconditional and total

Causes for Disinheritance common to all

Person found guilty of attempt on life of Testator, spouse, descendants, ascendants


Accused Testator of crime with imprisonment of 6 years or more, if accusation found
groundless;
By fraud, violence, intimidation or undue influence causes testator to make a will or to change
one;

Cause for Disinheritance of Children and Parents only

Convicted of adultery or concubinage with spouse of testator;


Refusal without justifiable cause to give support;

Modification for each group of Refusal to Support

For Children
o Refusal to support testator;
For Parents
o Refusal to support children, and descendants
For Spouse
o Refusal to support spouse or children

Cause for Children only

Maltreatment of testator by word or deed;


Led a dishonorable or disgraceful life;
Convicted of crime with penalty of civil interdiction

Causes for Parents, Ascendants only

Parents who abandoned their children, or induce daughter to lead corrupt or immoral life, or
attempted against their virtue
Loss of parental authority
Refusal without justifiable cause to support testator and descendants
Attempt by one parent against life of the other, unless reconciled

Causes for Spouse only

Given grounds for legal separation, even if no case filed


Spouse gave grounds for Loss of parental authority

Setting Aside the Disqualification

Subsequent reconciliation between the offender and offended renders ineffectual any
disinheritance
If reconciliation occurs before disinheritance, right to disinherit extinguish

Right of Representation in Disqualification

Children and descendants of the disinherited child, spouse shall take his place and preserve
the rights of compulsory heirs
But disinherited parent shall not have usufruct or administration of property

Incapacity to Succeed

Priest who heard testator confession during his last illness or the minister of the gospel who
extended spiritual aid to him during the same period;
Relatives of such priest or minister within the fourth degree, the church, order, chapter,
community, organization, or institution;
Guardian as to ward before final accounts of guardianship (except if ascendant, descendant,
brother, sister or spouse);
Attesting witness to execution of the will, his spouse, parents, or children, or anyone claiming
under such witness, spouse, parents, or children;
Physician, surgeon, nurse, health officer, or druggist of the last illness;
Individuals, associations, corporations not permitted by law to inherit.
Those prohibited under 739 Void Donation
o Persons guilty of concubinage or adultery
o Persons guilty of same criminal offense, in consideration thereof
o Made to public officer or wife, descendant, ascendant, by reason of his office

Art 1032 (Unworthy to succeed)

Parents who abandoned their children, or induce daughter to lead corrupt or immoral life, or
attempted against their virtue;
Person convicted of attempt against life of testator, spouse, descendants, ascendants;
Person accused testator of crime with imprisonment of 6 years or more, if accusation found
groundless
Heir of full age who fail to report to an officer of the law within one month the violent death
of testator;
Person convicted of adultery or concubinage with spouse of testator;
Person who by fraud, violence, intimidation or undue influence causes testator to make a will
or to change one;
Person who prevents making of will or revoking one or supplants, conceals or alters one;
Person who falsifies or forges a supposed will.

Unworthiness vs. Disinheritance

Unworthiness is disinheritance by operation of law.


Unworthy heirs incapacitated by any form, legitime, intestate, testamentary
Restoration to capacity of unworthy heir is by a written condonation or by the execution of a
will with knowledge of the cause of unworthiness

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