Beruflich Dokumente
Kultur Dokumente
Based on
CHAPTER 1
GENERAL PROVISIONS
ART. 774. Succession is a mode of acquisition
by virtue of which the property, rights and
obligations to the extent of the value of the
inheritance, of a person are transmitted
through his death to another or others
either by his will or by operation of law.
Rule 90, Sec1 provides for the When the Order for
the Distribution of Residue is made.
According to the rule, when the debts, funeral
charges and expenses of administration, the
allowance to the widow and the inheritance tax
have all been paid, that is the only time that the
court shall assign the RESIDUE of the estate to
persons entitled to it.
The rule also provides that there shall be no
distribution until the payment of the obligations
enumerated above, have been made or
provided for. However, if the distributees give a
bond for the payment of the said obligations
within such time and of such amount as fixed by
the court, the distribution may be allowed.
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ART. 777. The rights to the succession are
transmitted from the moment of the death
of the decedent.
Some observations
Enumeration cannot satisfactorily accommodate
the system of legitimes.
Legal or intestate succession operates only
in default of a will [Arts960 and 961], while
the legitime operates whether or not there
is a will, in fact prevails over a will.
There are instances where the rules on
legitime [Arts 887..] operate, to the
exclusion of the rules on intestacy [Arts
960..]
It is therefore best for clarity, to classify
succession to the legitime as a separate
and distinct kind of succession, which, for
want of a better term, can be denominated
compulsory succession.
SUCCESSION
Donations of future property shall be governed
by the provisions on testamentary succession and the
formalities of wills.
Since under the provision, any donation of
future property between the affianced
couple is to be governed by the rules of
testamentary succession and the forms of
wills, contractual succession no longer
exists in this jurisdiction.
Such a donation becomes an ordinary
case of testamentary succession.
3. INTESTATE
Succession in default of a will
4. MIXED [Art. 780]
Not a distinct kind really, but a
combination of any two or all of the first
three.
CHAPTER 2
TESTAMENTARY SUCCESSION
SECTION 1 WILLS
Subsection 1 Wills in General
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ART. 783. A will is an act whereby a person is
permitted, with the formalities prescribed
by law, to control to a certain degree the
disposition of his estate, to take effect after
his death.
CHARACTERISTICS OF WILLS
1.
PURELY PERSONAL
Articles 784, 785 and 787
2.
2. PERMITTED
Will-making is purely statutory.
3. FORMALITIES PRESCRIBED BY LAW
The requirement of form prescribed
respectively for attested and holographic
wills.
3.
4.
5.
MORTIS CAUSA
Article 783
This is a necessary consequence of Articles
774 and 777.
6.
INDIVIDUAL
Article 818
Joint wills are prohibited in this jurisdiction.
7.
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Exception to the Rule on Non-Delegability of WillMaking. Without this provision, the things allowed to
be delegated here would be non-delegable.
NON-DELEGABILITY OF WILL-MAKING
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2.
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the legatee or devisee shall be entitled only to
the JUST VALUE OF THE INTEREST that
should have been acquired.
Filipinos or Foreigners
a. Law of citizenship
b. Law of domicile
c.
Law of residence
d. Law of place of execution, or
e. Philippine law
1.
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2.
DISQUALIFIED PERSONS
1. THOSE UNDER 18 [ART797]
Under EO292, the Administrative Code of
1987, which took effect on November 24,
1989, years are now reckoned according to
the Gregorian Calendar.
Sec31 provides for the legal periods
a) Year 12 calendar months
b) Month 30 days, unless specific
calendar month is referred to, in
which case it shall be computed
according to the number of days
the specific calendar month
contains
c) Day 24 hours
d) Night Sunset to sunrise
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Testator should have a fairly accurate
knowledge of what he owns.
The more one owns, the less accurate
his knowledge of his estate expected to
be.
2. Proper objects of ones bounty; &
Testator should know, under ordinary
circumstances, his relatives in the most
proximate degrees, his knowledge
expectedly decreasing as the degrees
become more remote.
3. Character of testamentary act.
It is not required that the testator know
the legal nature of a will with the
erudition of a civilest.
All that he need know is that the
document he is executing is one that
disposes of his property upon death.
Suggested rewording
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ART. 805. Every will, other than a holographic
will, must be subscribed at the end thereof
by the testator himself or by the testators
name written by some other person in his
presence, and by his express direction, and
attested and subscribed by three or more
credible witnesses in the presence of the
testator and of one another.
The testator or the person requested by
him to write his name and the instrumental
witnesses of the will, shall also sign, as
aforesaid, each and every page thereof,
except the last, on the left margin, and all
the pages shall be numbered correlatively
in letters placed on the upper part of each
page.
The attestation clause shall state the
number of pages used upon which the will
is written, and the fact that the testator
signed the will an every page thereof, or
caused some other person to write his
name, under his express direction, in the
presence of the instrumental witnesses,
and that the latter witnessed and signed the
will and all the pages thereof in the
presence of the testator and of one another.
If the attestation clause is in a language
not known to the witnesses, it shall be
interpreted to them.
ART. 806. Every will must be acknowledged
before a notary public by the testator and
the witnesses. The notary public shall not
be required to retain a copy of the will, or
file another with the Office of the Clerk of
Court.
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a) MANDATORY pagination by
means of a conventional system.
The purpose is to prevent insertion
or removal of pages
b) DIRECTORY pagination in
letters on the upper part of each
page.
Certification
of
acknowledgement need not be signed
by notary in the presence of testator
and witnesses.
b) Art806 does not require that testator
and witnesses must acknowledge on
the same day that it was executed.
c) Logical Inference neither does the
article require that testator and
witnesses must acknowledge in one
anothers
presence.
If
acknowledgement is done by testator
and witness separately, all of them
must retain their respective capacities
until the last one has acknowledged.
SUCCESSION
Some Discrepancies
Par1 Art805 No statement that the testator
must sign in the presence of the witnesses
Par2 Art805 No statement that the testator and
the witnesses must sign every page in one
anothers presence.
But these two things are required to be
stated in the attestation clause.
Conclusion is that they should be
complied with as requirements.
Attestation clause is not required to state that
the agent signed in the testators presence - a
circumstance mandated by the 1st and 2nd
paragraphs of the article.
Indication of Date there is no requirement that an
attested will should be dated, unlike a holographic
will.
Art808 is MANDATORY
If art808 is mandatory, by analogy Art807 is also
mandatory. Failure to comply with either would
result in nullity and denial of probate.
The requirement has been liberally applied, SC
declaring substantial compliance to be sufficient.
Applies not only to blind testators but also to
those who, for one reason or another, are
incapable of reading their wills.
Substantially complied with when documents
were read aloud to the testator with each of the
3 instrumental witnesses and the notary
Examples
1. A failure by the attestation clause to state
that the testator signed every page can be
liberally construed, since that fact can be
checked by a visual examination.
2. Failure by the attestation clause to state
that the witnesses signed in one anothers
presence should be considered a FATAL
FLAW since the attestation clause is the
only textual guarantee of compliance.
The rule is that omission which can be supplied by
an examination of the will itself, without the need of
resorting to extrinsic evidence, will not be fatal and,
correspondingly, would not obstruct the allowance to
probate of the will being assailed.
However, those omissions which cannot be supplied
except by evidence aliunde would result in the
invalidation of the attestation clause and ultimately,
of the will itself.
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paragraph, and if the court deem it
necessary, expert testimony may be
resorted to,
3. Brevity
Witnesses must:
1. Know the handwriting and signature of the
testator
2. Truthfully declare that handwriting and
signature is that of the testator
3. SIGNED BY TESTATOR
Must signature be at the wills end [at least
the logical end]? YES, article 812 seems to
imply this.
May the testator sign by means of a
thumbprint? NO, article says will must be
entirely handwritten, dated and signed by
the hand of the testator himself.
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NOTES
1. If several additional dispositions, each of
which is dated, but only the last is dated
and signed, then only the last additional
disposition is valid.
2. If additional dispositions before the last are
not signed and not dated, but the last
disposition is signed and dated, what
happens to the intermediate ones?
If made on one occasion last
disposition signed and dated validates
all.
If on different occasions intermediate
additions are void.
But distinction is practically worthless
because circumstances of execution of
holographic wills are often difficult to
prove.
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Prohibitive laws concerning persons, their acts
or property and those which have for their object
public order, public policy and good customs shall
not be rendered ineffective by laws or judgments
promulgated or by determinations or conventions
agreed upon in a foreign country.
LEX LOCI CELEBRATIONIS contracts, wills
and other public instruments follow the
formalities of the law where they are executed.
Competence v. Credibility
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will unless the following requisites are
present:
(1) The document or paper referred to
in the will must be in existence at
the time of the execution of the will;
(2) The will must clearly describe and
identify the same, stating among
other things the number of pages
thereof;
(3) It must be identified by clear and
satisfactory proof as the document
or paper referred to therein; and
(4) It must be signed by the testator
and the witnesses on each and
every page, except in case of
voluminous books of account or
inventories.
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d) Transformation, alienation or loss of
the object devised or bequeathed
Art957
e) Judicial demand of a credit given as a
legacy - Art936
precisely why
required?
presence
is
3. BY PHYSICAL DESTRUCTION
his
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to a suspensive condition, is the revocation of the
prior will absolute or conditional?
Depends on the testators intent.
If the subsequent will contains a revocatory
clause which is absolute or unconditional, the
revocation will be absolute regardless of the
happening or non-happening of the suspensive
condition.
But if the testator states in the subsequent will
that the revocation of the prior will is subject to
the occurrence of the suspensive condition, or if
the will does not contain a revocatory clause, the
revocation will depend on whether the condition
happens or not.
If the suspensive condition does not
occur, the institution is deemed never
to have been made and the prior
institution will be given effect. [i.e. no
revocation of prior will]
This is in accord with the juridical
nature of suspensive conditions, and is
an instance of dependent relative
revocation.
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OF A WILL
1.
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ATTESTED/ORDINARY WILL
a.
Must be in writing
b.
c.
d.
e.
f.
g.
h.
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Illustration
In 1985, X executed will 1
In 1987, X executed will 2 and expressly
revoked will 1
In 1990, X executed will 3, revoking will 2
- When will 3 revoked will 2, it did not revive will 1.
Filipino abroad
b.
Alien abroad
c.
2. HOLOGRAPHIC WILL
a.
b.
c.
d.
e.
Witnesses required
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such case, the pertinent provisions of the
Rules of Court for the allowance of wills
after the testators death shall govern.
The Supreme Court shall formulate
such additional Rules of Court as may be
necessary for the allowance of wills on
petition of the testator.
Subject to the right of appeal, the
allowance of the will, either during the
lifetime of the testator or after his death,
shall be conclusive as to its due execution.
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Articles 798 801
capacity and intent
on
testamentary
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If the testator intends an unequal apportionment,
he should so specify.
The article applies only in testamentary succession,
and only among testamentary heirs or devisees or
legatees.
It will NOT APPLY to an heir who is both a
compulsory and a testamentary heir, for in that
case the heir will get his legitime and his
testamentary portion.
Not explicitly covered by this article is an instance
where the shares of some of the heirs are
designated and those of others are not.
Example I institute to of my estate A, B, C
and D, of which A will get 1/3 and B is to get .
The shares of C and D are unspecified. Are they
to divide equally the remaining portion of the
of the estate, after deducting As and Bs
portions [The remainder is 5/12 of ?]
YES, because the article talks about heirs
instituted without designation of shares. A and B
have been designated their shares, therefore
Art846 applied to C and D.
Unknown Person
This article refers to a successor whose identity
cannot be determined because the designation in the
will is so unclear or so ambiguous as to be incapable
of resolution.
This does not refer to one with whom the testator is
not personally acquainted. The testator may institute
somebody who is a perfect stranger to him, provided
the identity is clearly designated in the will
GENERAL PRESUMPTION
Equality in cases of collective designation.
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establishes a proportion of 2:1 between full
and half blood brothers and sisters, but without
prejudice to the rule prohibiting succession ab
intestato between legitimate and illegitimate
siblings. [Art992]
RE-CAP
Testamentary Succession equality in shares of
full and half blood brothers and sisters unless
the testator provides otherwise [Art848]
Intestacy Proportion of 2:1 between full and
half blood brothers and sisters [Art1006], and
only if the disqualification in Art992 does not
apply.
Question Does Art848 apply even to illegitimate
brothers and sisters, in cases where the testator is of
legitimate status and vice versa? YES. Art848 does
not distinguish.
Article lays down the same rule as Arts. 846 and 847.
Equality and Individuality of institution are presumed.
If the testator desires a different mode of
apportionment, he should so specify.
Suggested Rewording
Art. 851. If the testator has instituted only one heir, and
the institution is limited to an aliquot part of the inheritance, less
than the entire disposable portion, legal succession takes place
with respect to the remainder of the estate.
The same rule applies if the testator has instituted several
heirs, each being limited to an aliquot part, and all the parts do
not cover the whole inheritance.
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In both articles
1. There are more than 1 instituted heir
2. Testator intended them to get the whole
estate or the whole disposable portion
3. Testator designated a definite portion for
each.
SUCCESSION
P HEIRS SHARE
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completion of his legitime, under Articles
906 and 907.
5. ADOPTED CHILDREN
Case of Acain v. IAC answers the
question of whether an adopted child is
within the contemplation of this article
as compulsory heir in the direct line
and rules in favor of the adopted childs
inclusion in the phrase.
An adopted child therefore, if totally
omitted in the inheritance, is preterited
within the contemplation of Art854 and
can
invoke
its protection
and
consequences.
Acains logic is that since an adopted
child is given by law the same rights as
a legitimate child, vis--vis the adopter,
then the adopted child can, in proper
cases, invoke Art854 in the same
manner that a legitimate child can.
The law cited was Art39 of PD603 or
the Child and Youth Welfare Code as
supplanted by Art189[1] of the Gamily
Code, likewise supplanted by Secs 17
and 18 of RA8552 or the Domestic
Adoption Act of 1998.
4. PREDECEASE OF PRETERITED
COMPULSORY HEIR
2nd paragraph of Art 854 provides: If the
omitted compulsory heirs should die
before the testator, the institution shall
be effectual, without prejudice to the
right of representation.
Should the preterited heir predecease
or be unworthy to succeed the testator,
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EFFECT OF PRETERITION
Annulment of the institution of an heir but validity
of legacies and devisees to the extent that these
latter do not impair legitimes.
Distinction between heirs and legatees/devisees
This in the only instance when there is still a
practical effect in the distinction between an heir
and a legatee or devisee in Art782.
According to the case of Nuguid v. Nuguid,
annulment of institution of heir means only the
legacies and devises will merit consideration if
expressly given in the will. Art854 does not
mean that the mere institution of a universal heir
in a will void because of preterition would
give the heir so instituted a share in the
inheritance. As to the heir, the will is inexistent.
In that case, the only provision in the will was
the institution of the petitioner a universal heir.
That institution, by itself, was held null and void.
Therefore, intestate succession ensued.
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This
rule
of
non-transmission
is
ABSOLUTE and there is no exception to it.
Representation does not constitute an
exception because in representation the
person represented does not transmit
anything to his heirs. Representation is
rather a form of subrogation.
It says too much because the article is in the
chapter on testamentary succession under
institution of heir, therefore it should speak only
of voluntary or testamentary heirs.
It says too little because it does not mention
legal or intestate heirs nor does it provide for
cases of disinheritance.
Outline of Rules
Kind of
Heir
PREDECEASE
TN
R
INCAPACITY
TN
R
RENUNCIATION
TN
R
DISINHERITANCE
TN
R
COMPULSORY
VOLUNTARY
LEGAL
NA
NA
NA
NA
TN Transmits nothing
R - Representation
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2. Renunciation of the first heir
3. Incapacity of the first heir
QUESTIONS
May the testator provide for a substitution on
grounds other than those provided in this
article?
In case of renunciation by the first heir, must the
substitute have capacity at the time of the
renunciation? Supposing the substitute dies
before the first heir manifests his renunciation,
may the successors of the substitute acquire the
testamentary disposition?
Must have capacity Art1034 par 3
providing that If the institution, devise or
legacy should be conditional, the time of
the compliance with the condition shall also
be considered. As a simple substitution is
a form of conditional substitution, therefore
Art1034 can be applied.
Need not have capacity Art1042 and 533
par2 which provides that the effects of the
acceptance
or
repudiation
of
the
inheritance shall always retroact to the
moment of the death of the decedent and
that one who validly renounces an
inheritance is deemed never to have
possessed the same.
Will the substitute be disqualified if the cause of
the first heirs predecease is that the substitute
killed him?
Distinctions
Brief 2 or more substitutes for 1 original heir
Compendious 1 substitute for 2 or more orig.
However, most commentators use the terms
interchangeably.
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instituted is entrusted with the obligation to
preserve and to transmit to a second heir
the whole or part of the inheritance, shall
be valid and shall take effect, provided
such substitution does not go beyond one
degree from the heir originally instituted,
and provided further, that the fiduciary or
first heir and the second heir are living at
the time of the death of the testator.
ELEMENTS OF FIDEICOMISARIA
1. A 1st heir who takes the property upon the
testators death
Fiduciary enters upon the inheritance,
like every other heir, upon the opening
of the succession, which is when the
testator dies.
2. A 2nd heir who takes the property subsequently
from the fiduciary
The fideicommissary heir does not
receive the property until the fiduciarys
right expires.
BOTH heirs enter into the inheritance,
one after the other, each in his own
turn. This distinguishes the
fideicomisaria from the vulgar, in which
the substitute inherits only if the first
heir fails to inherit.
NOTE though the fideicommissary
heir does not receive the property upon
the testators death, his right thereto
VESTS at that time and merely
becomes subject to a period, and that
right passes to his own heirs should he
die before the fiduciarys right expires.
3. The 2nd heir must be 1 degree from the first heir
Means 2 things
a) Only one transmission/transfer is
allowed, from the first heir to the
second heir
b) Second heir must be in the first
degree of relationship with the first
heir. The second heir must either
be a child or parent of the first heir
4. Dual obligation imposed upon the 1st heir to:
a) Preserve the property, and
b) To transmit it after the lapse of the
period to the fideicommissary heir.
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(3) A guardian with respect to testamentary dispositions given by
a ward in his favor before the final accounts of the
guardianship have been approved, even if the testator should
die after the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when the latter is
his ascendant, descendant, brother, sister, or spouse, shall be
valid;
(4) Any attesting witness to the execution of a will, the spouse,
parents, or children, or any one claiming under such witness,
spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who
took care of the testator during his last illness;
(6) Individuals, associations and corporations not permitted by
law to inherit.
Thus, the 2nd heir need not survive the first heir, if
the 2nd heir dies before the first heir, the 2 nd heirs
own heirs merely take his place.
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successively, the provisions of Article 863
shall apply.
KINDS OF SUBSTITUTIONS
1. SIMPLE or COMMON
1)
2)
3)
2. BRIEF or COMPENDIOUS
Distinctions
o
3. RECIPROCAL
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ART. 871. The institution of an heir may be
made conditionally, or for a certain purpose
or cause.
GENERAL PROVISIONS
Art871 The right of the testator to impose
conditions, terms or modes springs from
testamentary freedom. If he has the right to dispose
of his estate mortis causa, then he has the right to
make the disposition subject to a condition, term or
mode.
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considered as not written unless such
condition has been imposed on the widow
or widower by the deceased spouse or by
the latters ascendants or descendants.
Nevertheless, the right of usufruct, or
an allowance or some personal prestation
may be devised or bequeathed to any
person for the time during which he or she
should remain unmarried or in widowhood.
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administration
and
the
rights
and
obligations of the administrator shall be
governed by the Rules of Court.
CASUAL or MIXED
GR may be fulfilled at any time, before or
after the testators death, unless the
testator provides otherwise.
QUALIFICATIONS if already fulfilled at
the time of the execution of the will
a) If testator UNAWARE of fulfillment
deemed fulfilled
b) If testator was AWARE of
fulfillment
of
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The condition not to do an impossible thing shall be considered
as not having been agreed upon.
Art. 1184. The condition that some event happen at a determinate time
shall extinguish the obligation as soon as the time expires or if it has
become indubitable that the event will not take place.
Art. 1185. The condition that some event will not happen at a
determinate time shall render the obligation effective from the
moment the time indicated has elapsed, or if it has become evident
that the event cannot occur.
If no time has been fixed, the condition shall be deemed fulfilled
at such time as may have probably been contemplated, bearing in
mind the nature of the obligation.
Art. 1186. The condition shall be deemed fulfilled when the obligor
voluntarily prevents its fulfillment.
Art. 1187. The effects of a conditional obligation to give, once the
condition has been fulfilled, shall retroact to the day of the
constitution of the obligation. Nevertheless, when the obligation
imposes reciprocal prestations upon the parties, the fruits and
interests during the pendency of the condition shall be deemed to
have been mutually compensated. If the obligation is unilateral, the
debtor shall appropriate the fruits and interests received, unless from
the nature and circumstances of the obligation it should be inferred
that the intention of the person constituting the same was different.
In obligations to do and not to do, the courts shall determine, in
each case, the retroactive effect of the condition that has been
complied with.
Art. 1188. The creditor may, before the fulfillment of the condition, bring
the appropriate actions for the preservation of his right.
The debtor may recover what during the same time he has paid
by mistake in case of a suspensive condition.
Art. 1189. When the conditions have been imposed with the intention of
suspending the efficacy of an obligation to give, the following rules
shall be observed in case of the improvement, loss or deterioration
of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, the obligation
shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be
obliged to pay damages; it is understood that the thing is lost
when it perishes, or goes out of commerce, or disappears in
such a way that its existence is unknown or it cannot be
recovered;
(3) When the thing deteriorates without the fault of the debtor, the
impairment is to be borne by the creditor;
(4) If it deteriorates through the fault of the debtor, the creditor
may choose between the rescission of the obligation and its
fulfillment, with indemnity for damages in either case;
(5) If the thing is improved by its nature, or by time, the
improvement shall inure to the benefit of the creditor;
(6) If it is improved at the expense of the debtor, he shall have no
other right than that granted to the usufructuary. (1122)
Art. 1190. When the conditions have for their purpose the
extinguishment of an obligation to give, the parties, upon the
fulfillment of said conditions, shall return to each other what they
have received.
In case of the loss, deterioration or improvement of the thing, the
provisions which, with respect to the debtor, are laid down in the
preceding article shall be applied to the party who is bound to return.
As for the obligations to do and not to do, the provisions of the
second paragraph of Article 1187 shall be observed as regards the
effect of the extinguishment of the obligation.
Art. 1191. The power to rescind obligations is implied in reciprocal ones,
in case one of the obligors should not comply with what is incumbent
upon him.
The injured party may choose between the fulfillment and the
rescission of the obligation, with the payment of damages in either
case. He may also seek rescission, even after he has chosen
fulfillment, if the latter should become impossible.
The court shall decree the rescission claimed, unless there be
just cause authorizing the fixing of a period.
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SECTION 5 LEGITIME
SUCCESSION
The father or mother of illegitimate
children of the three classes mentioned,
shall inherit from them in the manner and
to the extent established by this Code.
SURVIVING SPOUSE
1. The spouse of the decedent, not the spouse
of a child who has predeceased the
decedent.
2. Marriage between the decedent and his/her
surviving spouse must be either VALID or
VOIDABLE. If voidable, there should have
Page 42 of 112
ILLEGITIMATE PARENTS
1. Unlike the legitimate ascending line, which
includes ascendants in whatever degree,
the illegitimate ascending line only includes
the parents, it does not go beyond the
parents.
2. The illegitimate parents are secondary heirs
of a lower category that legitimate parents,
because the illegitimate parents are
excluded by legitimate and illegitimate
children [Art903] whereas legitimate parents
are excluded only by legitimate children/
descendants.
SUCCESSION
COMBINATION
Legitimate
Children Alone
SHARE
of estate divided
equally [Art888]
1LCSS
One Legitimate
Child and
Surviving
Spouse
CODAL PROVISION
NOTES
Page 43 of 112
SUCCESSION
LCSS
Legitimate
Children and
Surviving
Spouse
of estate to
legitimate children
Share equal to that of
1 child for the
surviving spouse
[taken from the free
disposable portion of
the estate]
[Art892par2]
LCIC
Legitimate
Children and
Illegitimate
Children
of estate to the
legitimate children
of the share of 1
legitimate child to the
illegitimate children
[Art176 FC]
CODE
1LCICSS
COMBINATION
One legitimate
child, illegitimate
children and
surviving
spouse
SHARE
of estate to
legitimate children
Each illegitimate
child will get of the
share of a legitimate
child
of estate to the
surviving spouse,
whose share is
preferred over those
of the illegitimate
children, which shall
be reduced if
necessary [Art895]
LCICSS
Legitimate
children,
illegitimate
children and
surviving
spouse
LP
Legitimate
parents alone
CODAL PROVISION
NOTES
of estate to
legitimate children
Each illegitimate
child will get of the
share of one
legitimate child
A share equal to that
of 1 legitimate child
for the surviving
spouse, whose share
is preferred over
those of the
illegitimate children
which shall be
reduced if necessary.
[Art895]
of estate [Art889]
Page 44 of 112
SUCCESSION
dispose of the other half, subject to the rights
of illegitimate children and of the surviving
spouse as hereinafter provided.
LPIC
Legitimate
parents and
illegitimate
children
of estate to
legitimate parents
of estate to
illegitimate children
LPSS
Legitimate
parents and
surviving
spouse
of estate to
legitimate parents
of estate to
surviving spouse
Page 45 of 112
SUCCESSION
CODE
LPICSS
COMBINATION
Legitimate
parents
illegitimate
children and
surviving
spouse
SHARE
of estate to the
legitimate parents
of estate to the
illegitimate
children
1/8 of estate to
the surviving
spouse
SS
Surviving
spouse alone
of the estate
or 1/3 if the
marriage,
being in
articulo mortis,
falls under
Art900 par 2
[Art900par1]
SSIC
Surviving
spouse and
illegitimate
children
SSIP
Surviving
spouse and
illegitimate
parents
1/3 of estate to
surviving
spouse
1/3 of estate to
illegitimate
children
of estate to
surviving
spouse
of estate to
illegitimate
parents
[Art903]
IC
Illegitimate
children alone
of estate
[Art901]
IP
Illegitimate
parents alone
of estate
[Art903]
CODAL PROVISION
NOTES
Page 46 of 112
SUCCESSION
pertain entirely to the ones nearest in
degree of either line.
Legitimate
parents/ascendants
as
secondary
compulsory heirs the legitimate ascending line
succeeds only in default of the legitimate descending
line.
Page 47 of 112
SUCCESSION
children or descendants.
Page 48 of 112
SUCCESSION
REDUCTION OF SHARES
Depending on the number of legitimate and
illegitimate children, the possibility exists that the
total legitimes will exceed the entire estate.
Reductions, therefore will have to be made in
accordance with the following rules
1. The legitimes of the legitimate children
should never be reduced, they are
PRIMARY and PREFERRED compulsory
heirs
2. The legitime of the surviving spouse should
never be reduced, this article prohibits this.
3. The legitimes of the illegitimate children will
be reduced pro rata and without preference
among them.
Page 49 of 112
SUCCESSION
Page 50 of 112
SUCCESSION
transmitted upon their
descendants,
whether
illegitimate.
death to their
legitimate
or
RESERVA TRONCAL
OriginReservistaReservatarios
(Relative w/in
3rd degree of
Prepositus)
By Gratuitous By Operation
Title of Law
Prepositus
Page 51 of 112
SUCCESSION
b)
2.
3.
[prepositus]
2.
died
2 BASIC RULES
I. No inquiry is to be made beyond the Origin/
Mediate Source. It does not matter who the
owner of the property was before it was
acquired by the Origin.
II. All the relationships among the parties must
be legitimate. The provisions of Art891 only
apply to legitimate relatives.
4 PARTIES TO THE RESERVA TRONCAL
1.
PREPOSITUS
o He is either the descendant or a brother/
sister of the Origin who receives the property
from the Origin by gratuitous title. Thus, in
the scheme of the reserva troncal, he is the
FIRST transferee of the property.
o While the property is still with the Prepositus,
there is yet NO RESERVA. The reserva
arises only upon the second transfer.
o Consequently, while the property is owned by
the Prepositus, he has all the rights of
ownership over it and may exercise such
rights in order to prevent a reserva from
arising. He can do this by
a) Substituting or alienating the property
b) Bequeathing or devising it either to the
potential reservista or to 3rd persons
[subject to constraints of the legitime]
c) Partitioning in such a way as to assign
the property to parties other than the
potential reservista [again subject to
the constraints of the legitime].
o
3.
RESERVISTA [RESERVOR]
o He is an ascendant of the Prepositus, of
whatever degree. The Reservista must be an
ascendant other than the Origin/ Mediate
Source [if the latter is also an ascendant].
o The law is clear - it refers to the Origin/
Mediate Source as another ascendant. If
these two parties are the same person, there
would be no reserva troncal.
o
SUCCESSION
4.
RESERVATARIOS [RESERVEES]
o The reserva is in favor of a class, collectively
referred to as the Reservatarios [reservees].
o
REQUIREMENTS TO BE A
RESERVATARIO:
1) He must be within the 3rd degree of
consanguinity from the Prepositus.
Page 53 of 112
SUCCESSION
1. Juridical Nature from the viewpoint of the
RESERVISTA
Manresa says that the ascendant is in
the first place a USUFRUCTUARY who
should use and enjoy the things
according to their nature, in the manner
and form already set forth in the Code
referring to use and usufruct.
But since in addition to being the
usufructuary, he is, even though
CONDITIONALLY, the owner in fee
simple of property, he CAN DISPOSE of
it in the manner provided in Articles 974
and 976 of the Code.
The conclusion is that the person
required by Art811 to reserve the right
has, beyond any doubt at all, the rights
of use and usufruct. He has, moreover,
the LEGAL TITLE and DOMINION,
although
under
a
CONDITION
subsequent [whether or not there exist at
the time of his death relatives within the
3rd degree of the descendant from whom
they inherit in the line whence the
property proceeds].
Clearly, he has, under an express
provision of law, the right to dispose of
the property reserved, and to dispose of
is to alienate, although under a
condition. He has the right to recover it,
because he is the one who possesses or
should possess it and have title to it,
although a limited and revocable one. In
a word, the legal title and dominion, even
though under a condition, reside in him
while he lives. After the right required by
law to be reserved has been assured, he
can do anything that a genuine owner
can do. [Edroso v Sablan]
Page 54 of 112
SUCCESSION
themselves,
unavoidable.
Effect of Substitution
o The very same property must go through the
process of transmissions, in order for the
reserva to arise. Thus, the same property
must come from the Mediate Source, to the
Prepositus by gratuitous title, and to the
reservista by operation of law.
o If the prepositus substitutes the property by
selling, bartering or exchanging it, the
substitute cannot be reserved.
o Note that while the property is with the
Prepositus, there is yet no reserva, which
commences when the property id received by
the reservista.
o Consequently, the Prepositus has, over the
property, plenary powers of ownership, and
he may exercise these powers to thwart the
potential reserva. The Prepositus is the
arbiter of the reserva.
proceedings
are
further
Page 55 of 112
SUCCESSION
2.
Duty to Collate
Scope of Prohibition
Page 56 of 112
SUCCESSION
legitime belonging to him may demand that
the same be fully satisfied.
EXCEPTIONS
1. Art1062 if the predecessor gave the
compulsory heir a donation inter vivos and
provided that it was not to be charged
against the legitime.
2. Art1063 testamentary dispositions made by
the predecessor to the compulsory heir,
unless the testator provides that it should
be considered part of the legitime.
Page 57 of 112
SUCCESSION
HEREDITARY ESTATE
1.
b)
c)
2.
3.
b)
c)
b)
COLLATION
Coverage of Rule
o Applies to ALL compulsory heirs
o Note that these 2 articles omit [inadvertently]
ascendants who succeed as compulsory
heirs. This rule applies to them as well.
o For obvious reasons, this rule has no
application to a surviving spouse.
Exception
o This rule of imputation to the legitime will not
apply if the donor provided otherwise [in
relation to Article 1062], in which case the
donation will be imputed to the disposable
portion of the estate.
Page 58 of 112
SUCCESSION
Art. 911. After the legitime has been determined
in accordance with the three preceding
articles, the reduction shall be made as
follows:
(1) Donations shall be respected as long as
the legitime can be covered, reducing
or annulling, if necessary, the devises
or legacies made in the will;
RULES
1. If the extent of reduction is LESS THAN of
the value of the thing it should be given to
the devisee.
2. If the extent of reduction is OR MORE of
the value of the thing it should be given to
the compulsory heir.
Page 59 of 112
SUCCESSION
1.
2.
SECTION 6.
DISINHERITANCE
Art.
Page 60 of 112
b)
c)
SUCCESSION
b)
c)
d)
e)
f)
g)
h)
b)
c)
d)
e)
f)
7TH requisite it
not presumed, it
heir need do is
thrown upon
disinheritance.
INEFFECTIVE DISINHERITANCE
EFFECT OF DISINHERITANCE
Page 61 of 112
SUCCESSION
o
o
Page 62 of 112
o
o
2.
3.
4.
5.
SUCCESSION
Art. 203. The obligation to give support shall be
demandable from the time the person who has a
right to receive the same needs it for maintenance,
but it shall not be paid except from the date of
judicial or extra-judicial demand.
Support pendente lite may be claimed in
accordance with the Rules of Court.
Payment shall be made within the first five days of
each corresponding month or when the recipient
dies, his heirs shall not be obliged to return what he
has received in advance.
6.
7.
8.
civil
Page 63 of 112
SUCCESSION
affection; and totally denied her
support and maintenance, her
silence and inaction having been
prolonged for such a time, then it
can be legally inferred that there is
abandonment.
Question will
consent to adoption of a child
constitute abandonment?
8.
no
2.
3.
4.
5.
6.
7.
Page 64 of 112
2.
3.
4.
SUCCESSION
d)
e)
f)
g)
h)
i)
j)
5.
6.
Extent of Representation
SECTION 7.
LEGACIES AND DEVISES
Art. 924. All things and rights which are within
the commerce of man be bequeathed or
devised.
Page 65 of 112
SUCCESSION
Page 66 of 112
SUCCESSION
nothing by virtue of the legacy or devise;
but if it has been acquired by onerous title
he can demand reimbursement from the
heir or the estate.
Art. 934. If the testator should bequeath or
devise something pledged or mortgaged to
secure a recoverable debt before the
execution of the will, the estate is obliged
to pay the debt, unless the contrary
intention appears.
The same rule applies when the thing is
pledged or mortgaged after the execution
of the will.
Any other charge, perpetual or
temporary, with which the thing bequeathed
is burdened, passes with it to the legatee or
devisee.
SUCCESSION
-
Right of Choice
General Rule
1) The estate, through the executor or
administrator in a direct legacy or devise
2) The heir, legatee, or devisee charged in a
subsidiary legacy or devise
Page 68 of 112
SUCCESSION
obligation and other circumstances shall be
taken into consideration.
Amount
o Primarily that fixed by the testator
o Secondarily that which is proper, as
determined by 2 variables: [1] the social
standing and circumstances of the legatee,
and [2] the value of the disposable portion
of the estate.
Page 69 of 112
SUCCESSION
With a
Suspensive
Term
Upon
Testators
death
Upon
Testators
death
Upon the
arrival of the
term
When
Ownership
Vests
Upon Testators
death
a. if from
testators estate
upon testators
death
b. if acquired
from a 3rd
person upon
acquisition
Upon arrival of
the term, but the
right to it vests
upon the
Fruits
Upon the
testators death
[under Art948]
Upon determination, unless
testator provides
otherwise
[Art949]
With a
Suspensive
Condition
Upon the
happening of
the condition
testators death
[under Art878]
Upon the
testators death,
if the condition is
fulfilled [under
Art1187]
Upon the
happening of the
condition, unless
testator provides
otherwise
[Art884 in rel. to
Art1187]
Page 70 of 112
SUCCESSION
(5) Legacies or devises of a specific,
determinate thing which forms a part
of the estate;
(6) All others pro rata.
Page 71 of 112
SUCCESSION
Any compulsory heir who is at the
same time a legatee or devisee may waive
the inheritance and accept the legacy or
devise, or renounce the latter and accept
the former, or waive or accept both.
1.
TRANSFORMATION
o If for example the testator converts a
plantation to a fishpond.
2.
ALIENATION
o The alienation by the testator may be
gratuitous or onerous.
o The alienation revokes the legacy/devise
even if for any reason the thing reverts to
the testator.
o Exceptions
a) If the reversion is caused by the
annulment of the alienation and
the cause for annulment was
vitiation of consent on the
grantors part, either by reason or
incapacity or duress.
b) If the reversion is by virtue of
redemption in a sale with pacto
de retro.
3.
TOTAL LOSS
o This will be a cause for revocation only if it
takes place before the testators death.
o Fortuitous loss after the testators death
will not constitute revocation because
legally, the disposition takes effect upon
death.
o Therefore, fortuitous loss after the
testators death will simply be an
instance of res perit domino and will be
borne by the legatee/devisee.
SUCCESSION
But the draft Code, as well as the Spanish Code
defines intestate succession as taking place by
operation of law in the absence of a valid will.
And the Spanish Code provides that succession
results from a persons will as manifested in a
testament, or in default thereof, by operation of
law.
3.
4.
CHAPTER 3
SECTION 1.
GENERAL PROVISIONS
Art. 960. Legal or intestate succession takes
place:
(1) If a person dies without a will, or with
a void will, or one which has
subsequently lost its validity;
(2) When the will does not institute an
heir to, or dispose of all the property
belonging to the testator. In such
case, legal succession shall take
place only with respect to the
property of which the testator has not
disposed;
(3) If the suspensive condition attached
to the institution of heir does not
happen or is not fulfilled, or if the heir
dies before the testator, or repudiates
the inheritance, there being no
substitution, and no right of accretion
takes place;
(4) When the heir instituted is incapable
of succeeding, except in cases
provided in this Code.
Page 73 of 112
SUCCESSION
distant ones, saving the right of
representation when it properly takes
place.
Relatives in the same degree shall
inherit in equal shares, subject to the
provisions of article 1006 with respect to
relatives of the full and half blood, and of
Article 987, paragraph 2, concerning
division between the paternal and maternal
lines.
2.
3.
5 EXCEPTIONS
a) The rule of preference of lines
SUBSECTION 1. - Relationship
Art.
Page 74 of 112
SUCCESSION
DESCENDING
Collaterals by Degrees
- First degree none
- Second degree brothers / sisters
- Third degree
DIRECT
ASCENDING
LINE
DIRECT & COLLATERAL
COLLATERAL
DESCENDING DIRECT & ASCENDING DIRECT
i.
ii.
i. Uncles / Aunts
ii. Nephews / Nieces
- Fourth degree
i. First Cousins
ii. Brothers/Sisters of a grand-parent [grand-uncles /
grand-aunts]
iii.Grandchildren of a brother/sister [grand-nephews/grandnieces]
- Fifth degree
Children of a first cousin
First cousins of a parent
iii. Brothers/sisters of a greatgrandparent
iv. Great grandchildren of a
brother/sister
DIRECT LINE
DEGREE
COLLATERAL LINE
COMPUTATION OF DEGREES
A. Direct Line there is no legal limit to the
number of degrees for entitlement to intestate
succession. The practical limit is of course,
human mortality.
o
B.
Importance of distinction between full-blood and halfblood relationship with reference to brothers and
sisters and nephews and nieces, there is a ratio of 2:1
for full-blood and half-blood relationship, respectively.
[Arts1006 and 1008]
With respect to collateral relatives, the full-blood and
half-blood relationship is NOT MATERIAL.
Page 75 of 112
the
are
his
the
SUCCESSION
same
degree,
save
the
right
of
representation when it should take place.
ACCRETION IN INTESTACY
REPRESENTATION
Page 76 of 112
SUCCESSION
Legit.
A1
A2
B1
B2
REPRESENTATION BY RENOUNCER
RULES ON QUALIFICATION
A. The representative must be qualified to
succeed the decedent. [Art973]
o Again, the rationale is found in the 2 nd
sentence of Art971, stating that the
representative does not succeed the
person represented but the one whom the
person
represented
would
have
succeeded.
Thus
X
Legitimate
Legit.
Illegit.
Predecease
Incapacity or Unworthiness, and
Disinheritance
Illegit.
Illegitimate
Page 77 of 112
B.
C.
SUCCESSION
is not qualified, because of predecease,
incapacity or disinheritance.
o
o
B.
PROBLEM ON REPRESENTATION
Note, Im not sure about the answers, please re-check
X has 5 legit kids, 3 of whom have their own kids.
X
A
C
C1
D
C2 D1
E
D2 E1
E2
Supposing X makes a WILL [TESTAMENTARY]
instituting all his 5 kids to the free portion; then C
predeceases him, D is unworthy to succeed and
upon his death, E renounces. How is Xs estate,
worth P600,000 to be apportioned?
A, B, C, D and E are supposed to get 60,000
each [the free portion is of the whole estate so the
free portion is P300,000 divided by 5 kids = 60,000
each].
However, there is NO REPRESENTATION in
Testamentary Disposition.
Therefore, the share of C who predeceased
X, the share of D who is unworthy, and the share of E
who renounced, will all accrue to A and B as co-heirs.
So, A and B will each get of the P300,000,
or P150,000 each.
o
o
o
Page 78 of 112
SUCCESSION
SECTION 2. ORDER OF INTESTATE SUCCESSION
EXCLUDE
1.
Legitimate
Children
No one
2.
Illegitimate
Children
Legitimate
Parents
Illegitimate
Parents
Surviving
Spouse
Illegitimate parents,
collaterals and the state
Collaterals and the state
No one
3.
4.
5.
6.
7.
8.
Brothers,
sisters,
nephews and
nieces
Other
Collaterals
The State
CONCUR
ARE EXCLUDED BY
Legitimate children
Legitimate and
illegitimate children
No one
Collaterals, EXCEPT
brothers, sisters,
nephews and nieces,
and the State
All other collateral
relatives up to 5th degree
and the state
Collaterals remoter in
degree, and the state
No one
All others
No one
Everyone
PROVISION
SHARE
1.
Legitimate
children
Art. 979. Legitimate children and their descendants succeed the parents
and other ascendants, without distinction as to sex or age, and even
if they should come from different marriages.
An adopted child succeeds to the property of the adopting
parents in the same manner as a legitimate child.
2.
Legitimate
children and
Illegitimate
children
Art. 983. If illegitimate children survive with legitimate children, the shares
of the former shall be in the proportions prescribed by Article 895.
Art. 176 FAMILY CODE. Illegitimate children shall use the surname and
shall be under the parental authority of their mother, and shall be
entitled to support in conformity with this Code. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate
child. Except for this modification, all other provisions in the Civil
Code governing successional rights shall remain in force.
3.
Legitimate
children and
surviving spouse
4.
Legitimate
children,
surviving spouse
and illegitimate
children
Art. 999. When the widow or widower survives with legitimate children or
their descendants and illegitimate children or their descendants,
whether legitimate or illegitimate, such widow or widower shall be
entitled to the same share as that of a legitimate child.
Art. 176 FAMILY CODE. Illegitimate children shall use the surname and
shall be under the parental authority of their mother, and shall be
entitled to support in conformity with this Code. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate
child. Except for this modification, all other provisions in the Civil
Code governing successional rights shall remain in force.
5.
Legitimate
SUCCESSION
deceased, his parents and ascendants shall inherit from him, to the
exclusion of collateral relatives.
parents alone
6.
Legitimate
ascendants
Art. 987. In default of the father and mother, the ascendants nearest in
degree shall inherit.
Should there be more than one of equal degree belonging to the
same line they shall divide the inheritance per capita; should they be
of different lines but of equal degree, one-half shall go to the paternal
and the other half to the maternal ascendants. In each line the
division shall be made per capita.
7.
Legitimate
parents and
illegitimate
children
Art. 991. If legitimate ascendants are left, the illegitimate children shall
divide the inheritance with them, taking one-half of the estate,
whatever be the number of the ascendants or of the illegitimate
children.
8.
Legitimate
parents and
surviving spouse
9.
Legitimate
parents,
surviving spouse
and illegitimate
children
10. Illegitimate
children
11. Illegitimate
children and
surviving spouse
Art. 997. When the widow or widower survives with legitimate parents or
ascendants, the surviving spouse shall be entitled to one-half of the
estate, and the legitimate parents or ascendants to the other half.
Art. 1001. Should brothers and sisters or their children survive with the
widow or widower, the latter shall be entitled to one-half of the
inheritance and the brothers and sisters or their children to the other
half.
16. Illegitimate
Art. 993. If an illegitimate child should die without issue, either legitimate
Page 80 of 112
SUCCESSION
or illegitimate, his father or mother shall succeed to his entire estate;
and if the child's filiation is duly proved as to both parents, who are
both living, they shall inherit from him share and share alike.
parents
17. Illegitimate
parents and any
children
Art. 993. If an illegitimate child should die without issue, either legitimate
or illegitimate, his father or mother shall succeed to his entire estate;
and if the child's filiation is duly proved as to both parents, who are
both living, they shall inherit from him share and share alike.
18. Legitimate
brothers and
sisters
Art. 1004. Should the only survivors be brothers and sisters of the full
blood, they shall inherit in equal shares.
Art. 1006. Should brother and sisters of the full blood survive together
with brothers and sisters of the half blood, the former shall be entitled
to a share double that of the latter.
19. Legitimate
brothers &
sisters, nephews
& nieces
Art. 1005. Should brothers and sisters survive together with nephews and
nieces, who are the children of the descendant's brothers and sisters
of the full blood, the former shall inherit per capita, and the latter per
stirpes.
Art. 1008. Children of brothers and sisters of the half blood shall succeed
per capita or per stirpes, in accordance with the rules laid down for
the brothers and sisters of the full blood.
Art. 1009. Should there be neither brothers nor sisters nor children of
brothers or sisters, the other collateral relatives shall succeed to the
estate.
The latter shall succeed without distinction of lines or
preference among them by reason of relationship by the whole blood.
And the case of Bacayo v Borromeo
21. Illegitimate
brothers and
sisters
22. Illegitimate
brothers &
sisters, nephews
& nieces
23. Nephews and
nieces
No article governing
Whole estate
No article governing
Art. 1009. Should there be neither brothers nor sisters nor children of
brothers or sisters, the other collateral relatives shall succeed to the
estate.
The latter shall succeed without distinction of lines or
preference among them by reason of relationship by the whole blood.
Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth
degree of relationship in the collateral line.
Whole estate
AS TO THE STATE
Page 81 of 112
SUCCESSION
a)
Art.
SECTION 2.
ORDER OF INTESTATE SUCCESSION
Art.
Page 82 of 112
SUCCESSION
Art.
much criticized
legitimate and
Art.
MEMORIZE!
This is the well-known and
successional barrier between
illegitimate relatives of a decedent.
Page 83 of 112
SUCCESSION
well as to the children, whether legitimate or
illegitimate, of such brothers and sisters.
EXAMPLE
PROCESS/ANSWER
o
o
o
o
Page 84 of 112
SUCCESSION
Art. 1005. Should brothers and sisters survive
together with nephews and nieces, who are
the children of the descendant's brothers
and sisters of the full blood, the former
shall inherit per capita, and the latter per
stirpes.
CHAPTER 4
Page 85 of 112
SUCCESSION
inheritance,
receive it.
or be incapacitated to
ACCRETION
Page 86 of 112
SUCCESSION
D.
B.
C.
Page 87 of 112
SUCCESSION
scientific,
cultural,
educational,
or
charitable purposes.
All other corporations or entities may
succeed under a will, unless there is a
provision to the contrary in their charter or
the laws of their creation, and always
subject to the same.
Page 88 of 112
2.
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3.
4.
5.
6.
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mayor, and the municipal treasurer, who
shall decide by a majority of votes all
questions that may arise. In all these cases,
the approval of the Court of First Instance
shall be necessary.
The preceding paragraph shall apply
when the testator has disposed of his
property in favor of the poor of a definite
locality.
(5)
(6)
(7)
(8)
Page 90 of 112
1.
2.
3.
4.
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b)
c)
d)
e)
5.
6.
7.
8.
EFFECT OF UNWORTHINESS
A.
B.
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If the institution, devise or legacy
should be conditional, the time of the
compliance with the condition shall also be
considered.
C.
Representation in Unworthiness
Extent of Representation
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RETROACTIVITY
A. Of Acceptance the successor will be deemed
to have owned and possessed the property
from the precise moment of the decedents
death. This rule has consequences with respect
to acquisitive prescription, capacity to succeed,
representation, etc.
B. Of Renunciation the renouncer is deemed
never to have owned or possessed the
property. Consequently, the substitute, co-heir
or intestate heir who gets the property in default
of the renouncer is deemed to have owned and
possessed it from the moment of the
decedents death.
C. Conditional Institutions the principle of
retroactivity is not overridden even if the
institution is subject to a suspensive condition.
Upon the happening of the condition, the
property passes to the heir but with retroactive
effect. This is the same principle enunciated in
conditional obligations [Art1187]. Similarly, if the
condition does not happen, the property goes to
the appropriate successor, with the same
retroactive effect.
SECTION 3.
ACCEPTANCE AND REPUDIATION
OF THE INHERITANCE
Art. 1041. The acceptance or repudiation of the
inheritance is an act which is purely
voluntary and free.
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beneficiaries and distribute the property, or
in their default, to those mentioned in
Article 1030.
Art.
Note that:
1. These authorized individuals can only
accept, not reject the grant.
2. The persons selected as qualified recipients
are, for their own part, free to accept or
renounce the benefit.
KINDS OF ACCEPTANCE
A. Express
1. Public Documents or
2. Private Writing
B. Tacit
C. Implied [Art1057]
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FORMS OF RENUNCIATION
A. Public or Authentic [genuine] Instrument
B. Petition filed in the Settlement Proceedings
TACIT ACCEPTANCE
C.
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Art. 1054. Should there be several heirs called
to the inheritance, some of them may
accept and the others may repudiate it.
RULES
A. If he renounces as testamentary heir [or
legatee or devisee] he is deemed to have
renounced as intestate heir as well.
B. If he renounces as intestate heir without
knowledge of his being a testamentary heir [or
legatee or devisee] he is NOT deemed to
have renounced as testamentary heir and may
therefore accept or renounce separately in the
latter capacity.
SECTION 4.
EXECUTORS AND ADMINISTRATORS
Art.
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Art.
Art. 1059. If the assets of the estate of a
decedent which can be applied to the
payment of debts are not sufficient for that
purpose, the provisions of Articles 2239 to
2251 on Preference of Credits shall be
observed, provided that the expenses
referred to in Article 2244, No. 8, shall be
those involved in the administration of the
decedent's estate.
Art.
Value to be Computed
SECTION 5.
COLLATION
3.
RULES ON IMPUTATION OF
DONATIONS INTER VIVOS:
Page 97 of 112
A.
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1.
2.
C.
Page 98 of 112
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B.
Contrary Provision by parents o Should the parents provide otherwise, the child is
entitled under this article to deduct from the said
amount the sum corresponding to what his
parents would have spent on him had he stayed
at home and loafed.
B.
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manner and at the same time as other
inofficious donations. It further seems that as o
the allowable 1/10, this is to be imputed to the
free portion.
o The question is why should the gift be
reduced as inofficious just because it
exceeds 1/10 of the free portion?
o SO, Manresa interprets the article to mean
that the gift will be imputed to the free
portion to the extent of 1/10 of the free
portion. Beyond that value, the excess
will be imputable to the recipients
legitime.
Collation
in
IMPUTATION
senses:
COMPUTATION
Art.
Collation
in
IMPUTATION
senses:
COMPUTATION
&
JOINT DONATIONS
&
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The entirety of the fruits and interests shall pertain
to the compulsory heir, only if the donation is
TOTALLY inofficious.
If the donation is only partially inofficious, the right
to the fruits and interests shall be PRORATED
between the compulsory heir and the donee, in
proportion to their respective interests over the
property.
2.
c.
Ornamental
expenses
NO
reimbursement demandable, but the
right to removal is granted if no injury
b.
SECTION 6.
PARTITION AND DISTRIBUTION OF
THE ESTATE
SUBSECTION 1. - Partition
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exceed the assets, that after the debts are paid, there
will be no estate to speak of.
If however the decedents gross assets exceed his
liabilities, or if there are inofficious donations to be
returned, his net estate passes to his successors
[heirs, legatees, devisees] at the precise moment of
death.
The estate however, is a mass of properties, usually
consisting of various items. The immediate effect
therefore, of the decedents death as far as
successional rights are concerned, is a COOWNERSHIP of the heirs over the entire mass. The
legatees and devisees will acquire a right to the
specific items given to them, assuming the legacies
and devises are not inofficious.
The actual partition of the estate among the heirs
terminating the co-ownership can be done basically
through 2 methods:
1. Extrajudicial agreement among the heirs, or
2. Judicial proceedings
The sequence may be outlines as:
1. Upon decedents death co-ownership of heirs
over net hereditary or partible estate
2. Subsequent Partition
a. By extrajudicial agreement under Rule
74 Sec1 of the ROC
b. Through judicial order in appropriate
proceedings under Rule 90 RoC
PARTITION BY CAUSANTE
The causante [decedent] can himself effect the
partition of his estate.
1. Nature of Partition by Causante a partition
made by the causante has the ff.
characteristics:
a. It takes effect only upon death,
b. It is revocable as long as the causante
is alive; hence the causante can
change or modify it, or even rescind it
during his lifetime.
KINDS OF PARTITION
A. Actual physical division of the thing among
the co-heirs
B. Constructive any act, other than physical
division, which terminates the co-ownership
[such as sale to a 3rd person in relation to
Articles 1082 and 1086].
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CONSTRUCTIVE PARTITION
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1. When any of the causes for dissolution of a
partnership occurs, under Arts. 1830-1831:
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Nevertheless, if any of the heirs should
demand that the thing be sold at public
auction and that strangers be allowed to
bid, this must be done.
MUTUAL ACCOUNTING
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Insolvency of One of Obligors should one of the coheirs bound to make good the warranty be insolvent,
his portion shall be borne proportionally by all,
including the one entitled to the warranty: Example
Co-heirs are A, B, C, D and E in equal shares of
P60k each. B claims warranty for the total amount
of his share because he was evicted.
RULE ON WARRANTIES
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Art. 1096. The obligation of warranty among coheirs shall cease in the following cases:
(1) When the testator himself has made
the partition, unless it appears, or it
may be reasonably presumed, that his
intention was otherwise, but the
legitime
shall
always
remain
unimpaired;
(2) When it has been so expressly
stipulated in the agreement of
partition, unless there has been bad
faith;
(3) When the eviction is due to a cause
subsequent to the partition, or has
been caused by the fault of the
distributee of the property.
Amount of Lesion
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presumed, that the intention of the testator
was otherwise.
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TESTATE
Art. 1016. In order that the right of
accretion may take place in a
testamentary succession, it
shall be necessary:
(1) That two or more persons
be called to the same
inheritance, or to the same
portion
thereof,
pro
indiviso; and
(2) That one of the persons
thus called die before the
testator, or renounce the
inheritance,
or
be
incapacitated to receive it.
INTESTATE
Art. 1018. In legal succession the
share of the person who
repudiates the inheritance shall
always accrue to his co-heirs.
Art. 968. If there are several
relatives of the same degree,
and one or some of them are
unwilling or incapacitated to
succeed, his portion shall
accrue to the others of the
same degree, save the right of
representation when it should
take place.
Art.
1022.
In
testamentary
succession, when the right of
accretion does not take place,
the vacant portion of the
instituted heirs, if no substitute
has been designated, shall
pass to the legal heirs of the
testator, who shall receive it
with the same charges and
obligations.
NOTES
Art. 1015. Accretion is a right by
virtue of which, when two or
more persons are called to the
same inheritance, devise or
legacy, the part assigned to the
one who renounces or cannot
receive his share, or who died
before the testator, is added or
incorporated to that of his coheirs, co-devisees, or colegatees.
Art. 1019. The heirs to whom the
portion goes by the right of
accretion take it in the same
proportion that they inherit.
Art. 1021. Among the compulsory
heirs the right of accretion shall
take place only when the free
portion is left to two or more of
them, or to any one of them and
to a stranger.
Should the part repudiated
be the legitime, the other coheirs shall succeed to it in their
own right, and not by the right of
accretion.
CAPACITY TO
SUCCEED
Art.
1024.
Persons
not
incapacitated by law may
succeed by will or ab intestato.
The provisions relating to
incapacity by will are equally
applicable
to
intestate
succession.
ACCEPTANCE
OR
REPUDIATION
OF
INHERITANCE
HALF BLOOD
AND FULL
BLOOD
BROTHERS
AND SISTERS
REPRESENTAT
ION
Art.
972.
The
right
of
representation takes place in
the direct descending line, but
never in the ascending.
In the collateral line, it
takes place only in favor of the
children of brothers or sisters,
whether they be of the full or
half blood.
Art.
973.
In
order
that
representation may take place,
it is necessary that the
representative
himself
be
capable of succeeding the
decedent.
Art. 974. Whenever there is
succession by representation,
the division of the estate shall
be made per stirpes, in such
manner that the representative
or representatives shall not
inherit more than what the
person they represent would
inherit, if he were living or could
inherit.
Art. 975. When children of one or
more brothers or sisters of the
deceased survive, they shall
inherit from the latter by
representation, if they survive
with their uncles or aunts. But if
they alone survive, they shall
inherit in equal portions.