BarOps 99

CETABLES

Set 1.
SUMMARY OF THE FORMALITIES WHICH MAY BE OBSERVED IN THE EXECUTION OF A
WILL

NON-RESIDENT NON-RESIDENT RESIDENT ALIEN

FILIPINO ALIEN
FOREIGN ELEMENT Domicile Citizenship Domicile and
SOUGHT TO BE Citizenship
ADDRESSED
WHAT LAW MAY BE Philippine law Philippine law Philippine law
APPLICABLE Domiciliary law Testators Testators national
Lex loci national law law
celebraciones Domiciliary law

QUALIFICATIONS OF A WITNESS AND A TESTATOR

WITNESS TESTATOR
1. 18 years of age 1. Same
2. Physically fit (not deaf, dumb, or blind) 2. May be blind, deaf, or deaf-mute
3. Literate, able to read and write 3. No literary requirement
4. No prior conviction (perjury/false 4. No such requirement
testimony/falsification) 5. No such requirement
5. Domiciled in the Philippines 6. No such requirement
6. Not notary Public before whom the will 7. Of sound mind
is acknowledged
7. Of sound mined

Set 2.
DIFFERENTIATE BETWEEN PRETERITION AND DISINHERITANCE

DISINHERITANCE PRETERITION
Disinheritance is the express deprivation of Preterition is the tacit deprivation of
legitime legitime
Always voluntary May also be voluntary but is presumed to
be involuntary (as it is an omission to
mention an heir or though mentioned is not
Legal cause is present instituted as an heir)
Even a compulsory heir may be totally Presumed by law to be a mere oversight
excluded Compulsory heir is merely restored to his
legitime

Page 6 of 14
BarOps 99

Set 3.
COMPULSORY HEIRS

PRIMARY COMPULSORY HEIRS SECONDARY COMPULSORY HEIRS

1. Legitimate children and their
descendants (legitimate)
2. Surviving spouse ( legitimate )
3. Illegitimate children and their
descendants (legitimate or illegitimate)
4. Legitimate parents and ascendants
(legitimate) they inherit only in default
of No.1
5. Illegitimate parents ( no other
ascendants ) they inherit only in
default of Nos.1 and 3

SUMMARY OF LEGITIMES OF COMPULSORY HEIRS

Relatives Legitimate Surviving Illegitimate Legitimate Illegitimate

Surviving Children & Spouse Children Parents & Parents
Descendant Ascendants
s
1. Legitimate ----- ----- ----- -----
children (divided by
(alone) no. of
children)
2. One ----- ----- -----
legitimate
child and
surviving
spouse
3. Legitimate Same as the ----- ----- -----
children and (divided by share of
Surviving no. of each
spouse children) legitimate
child
4. Legitimate ----- each of ----- -----
children and (divided by the share of
illegitimate the no. of each
children children) legitimate
child
5. One each of ----- -----
legitimate the share of
child, each
surviving legitimate
spouse and child
illegitimate
children
Relatives Legitimate Surviving Illegitimate Legitimate Illegitimate
Surviving Children & Spouse Children Parents & Parents
Descendant Ascendants
s
6. Two or Same as the each of ----- -----
more (divided by share of the share of
legitimate the no. of each each
children, children) legitimate legitimate
surviving child child

Page 7 of 14
BarOps 99

spouse and
illegitimate
children
7. Legitimate ----- ----- ----- -----
parents
(alone)
8. Legitimate ----- ----- -----
parents and ( divided by
illegitimate no. of
children children )
9. Legitimate ----- ----- -----
parents and
surviving
spouse
10. ----- 1/8 -----
Legitimate (divided by
parents and no. of
surviving children)
spouse
11. ----- ----- ----- -----
Illegitimate (divided by
children no. of
(alone) children)
12. ----- 1/3 1/3 ----- -----
Illegitimate (divided by
children and no. of
surviving children)
spouse
13. ----- ( 1/3 or ----- ----- -----
Surviving if marriage
spouse in articulo
(alone) mortis)
14. ----- ----- ----- -----
Illegitimate
parents
(alone)
15. ----- ----- -----
Illegitimate
parents and
surviving
spouse

Page 8 of 14
BarOps 99

Set 4.
SUMMARY CAUSES FOR DISINHERITANCE

Grounds Children/ Parents/ spouse Unworthiness

descendants ascendants
1.
Guilty/Convicte
d of attempt
against life of * * * Any person*(2)
testator,
spouse,
ascendant,
descendant
2. Accused
testator of
crime
punishable by * * * AP *(3)
imprisonment
of more than
six years, found
groundless/
false
3. Causes
testator to
make will or
change one, by * * * AP *(6)
fraud, violence,
intimidation or
undue influence
4. Unjustified
refusal to * * *
support testator

5. Convicted of
adultery or
concubinage * * * AP *(5)
with spouse of
testator
6. Maltreatment
of testator by *
word or deed
7. Leading a
dishonorable or *
disgraceful life
8. Conviction of
crime which
carries penalty *
of civil
interdiction
9.
Abandonment
of children or

Page 9 of 14
BarOps 99

inducing
daughters to
live corrupt or * Parents *(1)
immoral life or
attempted
against virtue
10. Loss of
parental * *
authority
11. Attempt by
one parent
against the life
of the other *
unless there is
reconciliation
between
parents
12. Spouse
given cause for *
legal separation
13. Spouse, in
BF, remarries in
accordance *
with Art.41
(43,FC)
Note:
(4) Heir failure to report violent death AP
(7) FVIU prevents from making will or revoke or conceals/alters AP
(8) Forgery of will

Set 5.
ORDERS OF INTESTATE SUCCESSION OF A LEGITIMATE CHILD, AN ILLEGITIMATE CHILD
AND AN ADOPTED CHILD

Legitimate Child Illegitimate Child Adopted Child

1. Legitimate children and
legitimate descendants
2. Legitimate parents and
legitimate ascendants
3. Illegitimate children and
legitimate or illegitimate
descendants
4. Surviving spouse
5. Legitimate brothers,
sisters, nephews and
nieces
6. Legitimate collateral
relatives w/in 5th degree
1. Legitimate children and
legitimate descendants
2. Illegitimate children and
legitimate or illegitimate
descendants
3. Illegitimate parents ( in
default of children,
descendant )
4. Surviving spouse
5. Illegitimate bothers,
sisters, nephews and
nieces
[iron curtain ]
6. State
1. Legitimate children and
legitimate descendants
2. Illegitimate children and
legitimate or illegitimate
descendants
3. Legitimate or illegitimate
parents and legitimate
ascendants
Adoptive parents
4. Surviving spouse
5. Brothers, sisters,
nephews and nieces
6. State

Page 10 of 14
BarOps 99

7. State

ORDER OF EXCLUSION AND CONCURRENCE IN INTESTATE SUCCESSION

Intestate Heir Excludes Excluded By Concurs With

1. Legitimate Ascendants, No one Surviving spouse
children and Collaterals and and illegitimate
legitimate State children
descendants
2. Illegitimate Illegitimate parents, No one Surviving spouse,
children and Collaterals and Legitimate children
descendants State and Legitimate
parents
3. Legitimate Collaterals and Legitimate children Illegitimate children
parents and State and Surviving
legitimate spouse
ascendants
4. Illegitimate Collaterals and Legitimate children Surviving Spouse
parents State and Illegitimate
children
5 Surviving spouse Collaterals other No one Legitimate children,
than brother and Illegitimate children,
sisters, nephews Legitimate parents,
and nieces and and Illegitimate
State parents
6. Brothers, sisters, All other collaterals Legitimate children, Surviving Spouse
nephews and and State Illegitimate children,
nieces Legitimate Parents
and Illegitimate
Parents
7. Other Collaterals Collaterals remoter Legitimate children, Collaterals in the
w/in 5th degree in degree and State Illegitimate children, same degree
Legitimate parents,
Illegitimate parents,
and Surviving
spouse
8. State No one Everyone No one

SUMMARY OF INTESTATE SHARES

1. LEGITIMATE CHILDREN AND LEGITIMATE DESCENDANTS ALONE

Intestate Heir Share as Legitime Share as Free Total Intestate
Disposal Share
Legitimate children 1/2 1/2 1
Total 1/2 1/2 1

2. ONE LEGITIMATE CHILD AND SURVIVING SPOUSE

Legitimate child -----
Surviving Spouse
Total 1

Page 11 of 14
BarOps 99

3. LEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate Heir Share as Legitime Share as Free Total Intestate
Disposal Share
Legitimate children 1/2 Remaining portion Whole estate
of estate divided
Surviving spouse Same as share of After paying Equally between
each legitimate child legitimes to be total number of
divided equally children plus the
between total surviving spouse
number of children
plus the surviving
spouse
Total Varies depending number of 1
on
Legitimate children

4. LEGITIMATE CHILDREN AND ILLEGITIMATE CHILDREN

Legitimate children 1/2 Remaining portion Whole estate
of estate divided
Illegitimate children of the share of If any, after paying By the ratio of 2 for
each legitimate child legitimes to be the legitimate child,
divided by the ratio 1 for each
of 2 for the illegitimate child ,
legitimate child, 1 provided that
for each illegitimate legitimes would not
child be impaired
Total Varies depending Number of children 1
on

4. ONE LEGITIMATE CHILD, ILLEGITIMATE CHILDREN, AND SURVIVING SPOUSE

Legitimate Child 1/2 Remaining portion Whole estate
of estate divided
Illegitimate children of the share of If any, after paying By the ratio of 2 for
each legitimate child legitimes to be the legitimate child,
divided by the ratio 1 for each
of 2 for each illegitimate child and
illegitimate child and 2 for the surviving
2 for the surviving spouse , provided
spouse that legitmes would
bot be impaired
Surviving Spouse
Total Varies depending Number of 1
on
Illegitimate children

5. LEGITIMATE CHILDREN, ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

Legitimate children 1/2 Remaining portion Whole estate
of estate divided
Illegitimate children of the share of If any, after paying By the ratio of 2 for
each legitimate child legitimes to be each legitimate
divided by the ratio child, 1 for each
of 2 for each illegitimate child and

Page 12 of 14
BarOps 99

legitimate child, 1 2 for the surviving

for each illegitimate spouse,
child
Surviving spouse Same as share of And 2 for the Provided that
each legitimate child surviving spouse legitimes would not
be impaired
Total Varies depending Number of 1
on
Illegitimate children

6. LEGITIMATE PARENTS ALONE

Legitimate parents 1/2 1/2 1
Total 1/2 1/2 1

7. LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN

Legitimate parents -----
Illegitimate children
Total 1

8. LEGITIMATE PARENTS AND SURVIVING SPOUSE

Legitimate Parents -----
Surviving Spouse
Total 1

9. LEGITIMATE PARENTS, SURVIVING SPOUSE AND ILLEGITMATE CHILDREN

Legitimate parents -----
Surviving spouse 1/8 1/8
Illegitimate children -----
Total 7/8 1/8 1

10. ILLEGITMATE CHILDREN ALONE

Illegitimate children 1
Total 1

11. ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate Share Share as Legitime Share as Free Total Intestate
Disposal Share
Illegitimate children 1/3 1/6
Surviving spouse 1/3 1/6
Total 2/3 1/3 1

12. SURVIVING SPOUSE ALONE

Surviving Spouse or 1/3 or 1/3 1
Total or 1/3 or 1/3 1

13. ILLEGITMATE PARENTS ALONE

Illegitimate parents 1
Total 1

14. ILLEGITMATE PARENTS AND SURVIVING SPOUSE

Page 13 of 14
BarOps 99

Illegitimate parents
Surviving spouse
Total 1

15. BROTHERS, SISTERS, NEPHEWS AND NIECES ALONE

Brothers, Sisters, 1
Nephews and
Nieces
Total 1

16. SURVIVING SPOUSE AND BROTHERS, SISTERS, NEPHEWS AND NIECES

Surviving spouse -----
Brothers, sisters, -----
nephews and
nieces
Total 1

SUCCESSION
OUTLINE OF MEMORY AID

I. GENERAL CONCEPTS OF SUCCESSION

Elements of succession
Requisites for the transmission of the right of succession
Treatment of accruals under laws of succession

II. TESTAMENTARY SUCCESSION

A. TWO KINDS OF WILLS

1. Notarial

Requisites of notarial wills

Contents of attestation clause
Additional requisite if deaf or deaf-mute
Additional requisite if blind

2. Holographic

Requisites of holographic will

B. AMENDING A WILL

Effects of cancellation, addition (insertion), or erasure on the validity of

the will

C. FORMALITIES IN THE EXECUTION

Summary of the formalities which may be observed in the execution of a

will (table)

Page 14 of 14
BarOps 99

Qualifications of a witness and a testator

D. CODICIL

E. REVOCATION OF A WILL

F. PROBATE

Definition
Matters to be proved

G. GROUNDS FOR DISALLOWANCE OF A WILL

H. INSTITUTION OF HEIR

Requisites for a valid institution of heir

3 principles in the institution of heir
Rules regarding a persons right to dispose of his estate

I. PRETERITION

Requisites
Effects
Preterition and disinheritance, distinguished (table)

J. DISINHERITANCE

Definition
Requisites for a valid disinheritance
Summary causes for disinheritance (table)

K. VACANCIES

Causes of vacancy in succession

How are vacancies filled?

L. SUBSTITUTION

Classes of substitution
Requisites of a fideicommissary substitution

M. ORDER OF PAYMENT IN CASE ESTATE NOT SUFFICIENT TO COVER ALL

LEGACIES AND DEVISES

III. COMPULSORY / LEGITIMARY SUCCESSION

A. LEGITIME

B. DIFFERENT CLASSES OF HEIRS

Compulsory heirs (table)

Page 15 of 14
BarOps 99

Summary of legitimes of compulsory heirs (table)

C. RESERVA TRONCAL

D. REMEDIES OF THE COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME

IV. INTESTATE / LEGAL SUCCESSION

A. GENERAL

Causes of legal or intestate succession

2 fundamental underlying principles in legal or intestate succession

B. REPRESENTATION

Grounds when the right of representation will be available

Who can exercise the right of representation?

C. ORDER OF INTESTATE SUCCESSION

Order of intestate succession of a legitimate child, an illegitimate child and an

adopted child (table)
Order of exclusion and concurrence in intestate succession (table)
Summary of intestate shares (table)

D. INCAPACITY TO SUCCEED

Persons incapacitated to succeed because of possible undue influence

Persons incapacitated to succeed because of unworthiness

V. PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION

Requisites for accretion to take place

Collation

Page 16 of 14