SUCCESSION

Atty. Ranil M. Reynante

SUCCESSION
I. Concept of Succession ......................................................... 2

1. Definition and concepts ...................................................2

2. Subjects of Succession .................................................... 2

3. Objects of Succession .....................................................4

4. Opening of Succession .................................................... 5

5. Kinds of succession .........................................................6

TESTAMENTARY SUCCESSION
II. Wills .......................................................................................6

1. Definition .......................................................................... 6

2. Characteristics .................................................................6

3. Interpretation of Wills .......................................................8

4. Law governing form .........................................................9

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I. Concept of Succession
1. Definition and concepts HEIR all, fraction, or aliquot part of the PRO

LEGATEE particular personal property

Art. 774. Succession is a mode of acquisition by virtue of which DEVISEE particular real property

the property, rights and obligations to the extent of the value of

the inheritance, of a person are transmitted through his death to
Art. 1026. A testamentary disposition may be made to the
another or others either by his will or by operation of law. (n)

State, provinces, municipal corporations, private corporations,

organizations, or associations for religious, scientific, cultural,
educational, or charitable purposes.

Art. 712. Ownership is acquired by occupation and by

intellectual creation.
All other corporations or entities may succeed under a will,
unless there is a provision to the contrary in their charter or the
Ownership and other real rights over property are acquired and laws of their creation, and always subject to the same. (746a)

transmitted by law, by donation, by testate and intestate

succession, and in consequence of certain contracts, by
tradition.

Art. 1029. Should the testator dispose of the whole or part of

his property for prayers and pious works for the benefit of his
They may also be acquired by means of prescription. (609a)

soul, in general terms and without specifying its application, the

executor, with the court's approval shall deliver one-half thereof
Basis of Succession:
or its proceeds to the church or denomination to which the
NATURAL LAW (FAMILY RELATIONS)
testator may belong, to be used for such prayers and pious
Family relations - Familial rights and obligations are created works, and the other half to the State, for the purposes
by family ties.
mentioned in article 1013. (747a)

Basis for intestate succession and law of legitimes

RIGHT OF PROPERTY

Observations on the New Civil Code:

Production of wealth has 3 characteristics: INDIVIDUALITY,

INEQUALITY, TRANSMISSIBILITY
Art. 712 Unjustified to separate donation from contracts;
all elements present as well as delivery. It is an error to adopt
In consideration to public order; property would become
Napoleonic concept on donation (believing that donation is
res nullius (nobodys thing) if intransmissible

not a contract because of the lack of bilaterality)

Basis for the law on testamentary succession

Art. 782 heir and legatees are not very well distinguished
from each other even though distinction is very important;
Principles underlying Philippine Law on Succession:

said that all testamentary legatees would be heirs under Art.

Report of the Code Commission:

782.

Meaning of the term Succession:

Heirs instituted to the whole estate or an aliquot portion
thereof

SUCCESSION - subrogation or replacement of one person by

another in a juridical situation; came form sub cedere or to Legatee/devisee individualized items of the property

enter under

Neri vs. Akutin and Children (1943) | Moran

2. Subjects of Succession
Art. 775. In this Title, "decedent" is the general term applied to
the person whose property is transmitted through succession,
whether or not he left a will. If he left a will, he is also called the
Facts: Testator Neri left all his property to his children by
second marriage through a universal title without disinheriting
his children by his first marriage. TC and CA ruled for the
declaration of complete intestacy. Akutins filed an MR on the .
grounds:

testator. (n)

1. No preterition of the children of the testator by his first

marriage in the will

DECEDENT person whose estate is to be distributed

2. even assuming that there has been a preterition, the eect
TESTATOR if he left a will would not be the annulment of the institution of heirs but
INTESTATE no will simply the reduction of the bequest made to them.

ISSUE: W/N there was preterition1 ? YES.

Art. 782. An heir is a person called to the succession either by
the provision of a will or by operation of law. Devisees and
legatees are persons to whom gifts of real and personal
property are respectively given by virtue of a will. (n)
intact and thus presumed that none of them have received
Based on the findings of the TC, it is not clear if all of his
children by first marriage have received their share in his
estate. However, CA found that Neris properties remained
their share.

1 ART. 814. The preterition of one or of all of the forced heirs in the direct line, whether living at the execution of the will or born after the death of the
testator, shall annul the institution of heirs; but the legacies and betterments shall be valid in so far as they are not inocious.

The preterition of the widower or widow does not annul the institution; but the person omitted shall retain all the rights granted to him by articles 834,
835, 836, and 837 of this Code.

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 There was one parcel of land that they acquired through cannot be made to merge in the other without mutilating the
occupation, not inheritance, after testator abandoned it.
whole article with all its multifarious connections with a great
Hence, SC found that the testator left all his property by number of provisions spread throughout the Civil Code on the
universal title to the children by his second marriage, and that matter of succession. Regardless, its specific purpose is to
without expressly disinheriting the children by his first establish a specific rule on the institution of heirs in a case of
marriage, he left all his property by universal title to the preterition.

children by his second marriage a clear case of preterition.

GR that all "testamentary disposition which diminish the
legitime of the forced heirs shall be reduced on petition of the
ISSUE: W/N there should be annulment of the institution of the same in so far as they are inocous or excessive does not
heirs and open the estate to total intestacy? YES
apply to institution of heirs in a case of preterition under
The Court cited Manresa wherein he opined that in case of A814. In such instance, the testamentary disposition
preterition (article 814). the nullity of the institution of heirs is containing the institution of heirs should be not only reduced
total, whereas in case of disinheritance (article 8512), the but annulled in its entirety and all the forced heirs, including
nullity is partial, that is, in so far as the institution aects the the omitted ones, are entitled to inherit in accordance with the
legitime of the disinherited heirs.
law of intestate succession.

He further makes it clear that in cases of preterition, the

property bequeathed by universal titled to the instituted heirs
should not be merely reduced according to Art. 817, but OZATEA (Concurring):

instead, intestate succession should be opened in connection There was preterition. Despite clause 8 of the will, there was
therewith under Art. 814, the reason being that Art. 814, is preterition as to the testator's grandchildren by his daughter
preferred over Art. 817 3
Getulia, who died long before the testator made his will.
However, preterition does not carry with it the ineectiveness These lineal descendants of the testator, who are also forced
of the whole will. If there are provisions leaving legacies heir of his, were completely ignored and omitted in the will.

or mejoras, such testamentary provisions shall be eective

and the legacies andmejorasshall be respected in so far as BOCOBO (Dissenting):

they are not inocious or excessive, according to article 814.

1. There was no preterition

Here, there are no legacies or mejoras are provided in the
will, the whole property of the deceased having been left by
universal title to the children of the second marriage. The
eect, therefore, of annulling the institution of heirs will be
necessarily the opening of a total intestacy.
their legitime.
CA and TC found that the children of the first marriage have
received, in property and in cash, a part of their short
legitime. One of the requisites of preterition is that one or
some of the heirs of the direct line be totally deprived of

Their children had properties in their names for tax

ISSUE: W/N the bequest made by universal title in favor of the purposes

children by the second marriage should be treated as legacy While Getulia did not receive any property, she owed her
and mejora, and, accordingly, it must not be entirely annulled father money which he condoned.

but merely reduced? NO.

The governing provision of law is not article 814 but articles
This theory, if adopted, will result in a complete abrogation of 8154 and 817.

articles 814 and 851 of the Civil Code. If every case of
institution of heirs may be made to fall into the concept of
legacies and betterments reducing the bequest accordingly,
then the provisions of articles 814 and 851 regarding total or
partial nullity of the institution, would be absolutely
meaningless and will never have any application at all.
from their father.
The children of the first marriage not having been entirely
forgotten, the will should be respected and carried out, but
the children of the first marriage should have their
respective shares in the strict legitime completed after
taking into account the amounts already received by them

The destructive eect of the theory thus advanced is due 2. The legacies & betterments (mandas and mejoras) are valid.

mainly to a failure to distinguish institution of heirs from Granting there was preterition, it is clear from the will in
legacies and betterments, and a general from a special question that the children of the second marriage are
provision.
entitled to the third for free disposal and to the third for
Institution of heirs a bequest by universal title of property mejora (in addition to their share in the strict legitime) under
that is undetermined.
the last sentence of the Art. 814 (1)

Legacy and betterment bequeathed by a particular or The majority opinion misunderstood Manresa and Sanchez
special title.
Roman in construing that the annulment of institution of
SC ruled that A814 refers to two dierent things which are the heirs should be total since they admitted in their opinions
two dierent objects of its two dierent provisions which that mandas and mejoras are valid if not inocious.

2
ART. 851. Disinheritance made without a statement of the cause, or for a cause the truth of which, if contested, is not shown, or which is not one of
those stated in the four following articles, shall annul the institution of heirs in so far as it is prejudicial to the disinherited person; but the legacies,
betterments, and other testamentary dispositions shall be valid in so far as they are not prejudicial to said legitime.

3
ART. 817. Testamentary dispositions which diminish the legitimate of the forced heirs shall be reduced on petition of the same in so far as they are
inocious or excessive.

4 Art. 815. The forced heir to whom the testator has left for any title less than the legitime that corresponds to him, may ask for the remaining.

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 The only purpose of institution of heirs is have someone INHERITANCE Property or rights or obligations not
continue the personality of the testator, so that there may extinguished by death acquired

be someone who should be personally liable for all the

Property Real and personal

obligations of the testator and who succeeds to all the

Right to continue action for unlawful detainer, continue
rights of the decedent.
lease contract

The institution of heirs and the will are independent of each Obligations GR: transmissble; E:purely personal e.g.
other. Hence, the annulment of institution of heirs on obligation to support

account of preterition does not render the will ineective.

SUCCESSION manner by virtue of which property is

Here, preterition did not render the testator's will void i.e. acquired.

as it was not inocious. Under the civil code, the remedy

would be to recover the legitime of the heir who has been
omitted. The will should be eective insofar as the free Art. 791. The words of a will are to receive an interpretation
disposal of the testator's estate is concerned.
which will give to every expression some eect, rather than one
Illogical to make a legacy from the 1/3 for free disposal
which will render any of the expressions inoperative; and of two
There was tacit mejora
modes of interpreting a will, that is to be preferred which will
The eect of the decision was to declare an intestate prevent intestacy.(n)

succession as to the entire estate whenever there is no

express mejora and express legacy. Thus, there would be
total intestacy, in spite of the testamentary provisions to the Art. 1131. For the purposes of prescription, just title must be
contrary.
proved; it is never presumed.(1954a)

But so long as the short legitime is not impaired, the

testator in this case was free to distribute his property
among his children as he saw fit and fair. (This is why even
Art. 1429. When a testate or intestate heir voluntarily pays a
in case of preterition (article 814), mandas and mejoras are
debt of the decedent exceeding the value of the property which
valid to the extent that they are not inocious. If this
he received by will or by the law of intestacy from the estate of
minimum and obligatory portion (short legitime) of each
the deceased, the payment is valid and cannot be rescinded by
child is kept intact in the partition under the will, the law
the payer.

does not admit of any interference with the testator's

wishes.

Granting there was no mandas or mejoras, by analogy, 2/3 Transmissible rights and obligations:

of the estate should still be given to the 2nd marriage

children because the testator clearly intended to give at Alvarez vs. IAC (1990) | Fernan
least two-thirds of his estate to such children, inasmuch as Facts: Two parcels of land registered in the name of the heirs of
he was giving all of it to them.
Aniceto Yanes were occupied by Santiago, Fuentebella, and
Whatever may be the distinction between preterition and Alvarez after the former left the province during the Jap
disinheritance the practical result is, however, the same occupation. Yaneses filed for the recovery of the said property
because both articles contain a saving clause in regard to before the CFI which ruled in their favor. However, during the
the mandas and mejoras which do not impair the legitime.
pendency of the case, Rodolfo Alvarez sold it to Siason,
Disinheritance - annulment of institution of heirs insofar resulting to the failure of the execution of the decision. Yaneses
as the omitted person is prejudiced
then filed for a ex-parte motion for the issuance of an alias writ
Preterition - annulment of institution of heir but mandas of execution. CFI ruled that the execution cannot be made
and mejoras shall remain valid as long as not inocious
against Siason because he was not a party to the cadastral
Code of Civil Procedure has abolished the distinction case, but ordered the heirs of Alvarez to pay the Yaneses. This
between "heredero" and "legatario" under the Civil Code, was appealed by the Alvarezes on the ground of prescription.
and has changed the basis of liability of persons, IAC armed CFI.

whether related or not to the deceased, who receive any

property from the estate rendering annulment of heirs as ISSUE: W/N the liability is solely the late Rodolfo Alvarez or his
obsolete. The rsult would be to add the children by 1st estate? NO.

marriage as coparticipants in the short legitime.

See: Art. 774, 776, 1131.

Art. 1080 should also be considered expressly refers to The rights of the Yaneses to the properties in question have
partition among the heirs, but the intention of the legislator been finally adjudicated in the lower court As found by the
is clear, that in a preterition, the partition should not be lower court, from the uncontroverted evidence presented, the
rescinded but the omitted heir should get his lawful share.
Yaneses have been illegally deprived of ownership and
Escuin vs. Escuin: acknowledged natural child entitled only possession of the lots in question. There was no lis pendes,
to 1/3. Will stated that 50-50 father and wife
however, and so Siason was a buyer in GF.

Remedy: reconveyance, or, if sold to an innocent

purchaser, damages

3. Objects of Succession Estate of Hemady vs. Luzon Surety: the general rule is that a
party's contractual rights and obligations are transmissible to
Art. 776. The inheritance includes all the property, rights and
the successors.

obligations of a person which are not extinguished by his

Petitioners being the heirs of the late Rosendo Alvarez, they
death.(659)

cannot escape the legal consequences of their father's

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 transaction, which gave rise to the present claim for Art. 1347. All things which are not outside the commerce of
damages. That petitioners did not inherit the property men, including future things, may be the object of a contract.
involved herein is of no moment because by legal fiction, the All rights which are not intransmissible may also be the object
monetary equivalent thereof devolved into the mass of their of contracts.

father's hereditary estate, and we have ruled that the

hereditary assets are always liable in their totality for the No contract may be entered into upon future inheritance except
payment of the debts of the estate.
in cases expressly authorized by law.

NOTE: petitioners are liable only to the extent of the value of

their inheritance.
All services which are not contrary to law, morals, good
customs, public order or public policy may likewise be the
object of a contract. (1271a)

Rights and obligations extinguished by death:

Restriction:

Art. 1461. Things having a potential existence may be the

Rule 86. Section 5. Claims which must be filed under the object of the contract of sale.

notice. If not filed, barred; exceptions. All claims for money

against the decedent, arising from contract, express or implied, The ecacy of the sale of a mere hope or expectancy is
whether the same be due, not due, or contingent, all claims for deemed subject to the condition that the thing will come into
funeral expenses and expense for the last sickness of the existence.

decedent, and judgment for money against the decent, must be

filed within the time limited in the notice; otherwise they are The sale of a vain hope or expectancy is void. (n)

barred forever, except that they may be set forth as

counterclaims in any action that the executor or administrator
may bring against the claimants. Where an executor or
administrator commences an action, or prosecutes an action
already commenced by the deceased in his lifetime, the debtor
may set forth by answer the claims he has against the
decedent, instead of presenting them independently to the
Art. 130. The future spouses may give each other in their
marriage settlements as much as one-fifth of their present
property, and with respect to their future property, only in the
event of death, to the extent laid down by the provisions of this
Code referring to testamentary succession. (1331a)

court as herein provided, and mutual claims may be set o

against each other in such action; and if final judgment is
rendered in favor of the defendant, the amount so determined
Art. 132. A donation by reason of marriage is not revocable,
shall be considered the true balance against the estate, as
save in the following cases:

though the claim had been presented directly before the court
(1) If it is conditional and the condition is not complied with;

in the administration proceedings. Claims not yet due, or

(2) If the marriage is not celebrated;

contingent, may be approved at their present value.

(3) When the marriage takes place without the consent of the
parents or guardian, as required by law;

4. Opening of Succession (4) When the marriage is annulled, and the donee acted in bad
faith;

Art. 777. The rights to the succession are transmitted from the (5) Upon legal separation, the donee being the guilty spouse;

moment of the death of the decedent.(657a)

(6) When the donee has committed an act of ingratitude as
specified by the provisions of this Code on donations in
Conditions:

general. (1333a)

There is death, actual or presumed

Rights and properties are transmissible

Transferee is still alive, willing, and capacitated to inherit

Consider:
Art. 390. After an absence of seven years, it being unknown
Right of succession (will or provision of the law)
whether or not the absentee still lives, he shall be presumed
Reckoning point (retroacts to the date of death)
dead for all purposes, except for those of succession.

Presumed death: A390

The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of
Art. 533. The possession of hereditary property is deemed five years shall be sucient in order that his succession may be
transmitted to the heir without interruption and from the opened. (n)

moment of the death of the decedent, in case the inheritance is

accepted.

Art. 291. The following are obliged to support each other to the
One who validly renounces an inheritance is deemed never to
whole extent set forth in the preceding article:

have possessed the same. (440)

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and acknowledged natural children and the

legitimate or illegitimate descendants of the latter;

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(4) Parents and natural children by legal fiction and the Art. 130. supra.
legitimate and illegitimate descendants of the latter;
Art. 1347. supra.

(5) Parents and illegitimate children who are not natural.

Brothers and sisters owe their legitimate and natural brothers

and sisters, although they are only of the half-blood, the Art. 752. The provisions of article 750 notwithstanding, no
necessaries for life, when by a physical or mental defect, or any person may give or receive, by way of donation, more than he
other cause not imputable to the recipients, the latter cannot may give or receive by will.

secure their subsistence. This assistance includes, in a proper The donation shall be inocious in all that it may exceed this
case, expenses necessary for elementary education and for limitation. (636)

professional or vocational training. (143a)

Art. 1080. Should a person make partition of his estate by an

FC, Art. 50
act inter vivos, or by will, such partition shall be respected,
FC, Art. 51
insofar as it does not prejudice the legitime of the compulsory
heirs.

5. Kinds of succession
A parent who, in the interest of his or her family, desires to keep
Testamentary
any agricultural, industrial, or manufacturing enterprise intact,
Art. 779. Testamentary succession is that which results from may avail himself of the right granted him in this article, by
the designation of an heir, made in a will executed in the form ordering that the legitime of the other children to whom the
prescribed by law. (n)
property is not assigned, be paid in cash. (1056a)

Testamentary succession may be done thru a will or thru a

codicil. May be:

FC, Art. 84. If the future spouses agree upon a regime other
Notarial (ordinary, attested, or acknowledged)

than the absolute community of property, they cannot donate to

Holographic (handwritten by the testator from beginning to
each other in their marriage settlements more than one-fifth of
end, complete with date and signature)

their present property. Any excess shall be considered void.

Donations of future property shall be governed by the

Legal or intestate
provisions on testamentary succession and the formalities of
Art. 960. Legal or intestate succession takes place:
wills. (130a)

(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 FC, Art. 86. A donation by reason of marriage may be revoked
the property belonging to the testator. In such case, legal by the donor in the following cases:

succession shall take place only with respect to the property of (1) If the marriage is not celebrated or judicially declared void
which the testator has not disposed;
ab initio except donations made in the marriage settlements,
(3) If the suspensive condition attached to the institution of heir which shall be governed by Article 81;

does not happen or is not fulfilled, or if the heir dies before the (2) When the marriage takes place without the consent of the
testator, or repudiates the inheritance, there being no parents or guardian, as required by law;

substitution, and no right of accretion takes place;

(3) When the marriage is annulled, and the donee acted in bad
(4) When the heir instituted is incapable of succeeding, except faith;

in cases provided in this Code. (912a)

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is

Legal succession is that kind of succession prescribed by the
complied with;

law (and presumed by it to be the desire of the deceased),

(6) When the donee has committed an act of ingratitude as
which takes place when the expressed will of the decedent
specified by the provisions of the Civil Code on donations in
has not been set down in a will.
general. (132a)

Mixed

Art. 780. Mixed succession is that eected partly by will and TESTAMENTARY SUCCESSION
partly by operation of law. (n)

The will of a testator, expressed in the form required by law
and exercised within legal limits, must be recognized as the
supreme law in succession. However the provisions of law on
intestate succession will take eect, even in the presence of a
II. Wills
1. Definition
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 this estate, to take eect after his death. (667a)

will, if such will does not validly dispose of all the property of
the deceased.

2. Characteristics
1. Purely statutory (A783)

Contractual

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 2. Free and voluntary act [A839 (3) & (4)]: will is disallowed
if:
surviving spouse after the death of the other. TC upheld the
1. executed through force or under duress, or the validity of the survivorship agreement. CA reversed on the
influence of fear, or threats
grounds that the survivorship agreement constituted a
b. procured by undue and improper pressure and conveyance mortis causa which did not comply with the
influence, on the part of the beneficiary or of some formalities of a valid will under Art. 805, and that assuming that
other person
it was a donation inter vivos, it was invalid under Art. 133

3. Solemn or formal (A783)

4. Disposition of property (A783) either totally or ISSUE: W/N the survivorship agreement was valid? YES.

partially
1. A will has been defined as a personal, solemn, revocable
5. Essentially revocable (A828)
and free act by which a capacitated person disposes of his
property and right and declares or complies with his duties
Art. 828. A will may be revoked by the testator at any time to take eect after his death. In other words, the legacy
before his death. Any waiver or restriction of this right is void.
shall pertain to the testator (See: A793, A794, A930)

Here, the funds in question must be presumed to be

Ambulatory (alterable) until the person dies.
conjugal since there is no showing that it exclusively
Heirs have no vested right to the disposition of the will until belongs to the other.

the testator dies.

2. The survivorship agreement is also not a donation inter
vivos because it shall take eect after death of the other;
6. Testator has testamentary capacity
the same is also not a donation between spouses as it did
Art. 796. All persons who are not expressly prohibited by law not involve property exclusively belonging to the other.

may make a will. (662)

3. The survivorship agreement is also a valid aleatory contract
under Art. 2010 not having been executed for an unlawful
purpose that is to circumvent laws on conjugal property
relations.

Art. 797. Persons of either sex under eighteen years of age

cannot make a will. (n)

(i) the testator must have animus testandi an

intention to make a will; required to make a valid will
Art. 798. In order to make a will it is essential that the testator
Montinola vs. Herbosa (1963) | Gatmaitan
be of sound mind at the time of its execution. (n)

Facts: When Dr. Jose Rizal was convicted of the complex crime
of founding illegal associations in order to promote or induce
GR: Capacitated
rebellion, he was sentenced to death with the obligation to
18y/o
indemnify the State in the amount of P100k, the obligation
Of sound mind
transmissible to his heirs. On the day of Rizals execution on
E:
December 29, 1986, he wrote Mi Ultimo Adios and hid it in a
Civil interdiction, allowed. Ratio: only prohibited to dispose of gas lamp delivered to his sister. Dona Trinidad Rizal (sister) sold
property inter vivos, not mortis causa.
the said relics to plainti Montinola. In view of the said
Those who arent disqualified (spendthrifts and prodigals)
judgment, the State had a lien and rights over all Rizal relics,
NOTE: only refers to NATURAL PERSONS
superior to Montinolas.

When the Spanish regime was overthrown, and the Americans

7. Unilateral no acceptance by the transferees is took over, the Americans did not move for the execution of the
needed while the testator is still alive; any acceptance judgment against Rizal and his heirs, but instead elevated Rizal
made prematurely is useless.
as one of a martyr and later became the national hero. Hence,
the Court held that the decision of the TC is no longer valid and
8. Mortis causa (A777) produces eect only upon enforceable, otherwise, it would be tantamount to rewriting
death of the testator; hence, the term ambulatory
history. TC also held that the poem Mi Ultimo Adios is a
holographic will

Art. 777. The rights to the succession are transmitted from the
moment of the death of the decedent. (657a)
ISSUE: W/N Mi Ultimo Adios constitute as last will? NO.

The poem is a literary piece, otherwise, it would have been

titled as Ultimo Voluntad

Vitug vs. CA (1990) | Sarmiento The 13th stanza of the poem, (translated) to thee I give all,
Facts: Mrs. Vitug died leaving Corona as the executrix of her my parents, my kindred and friends, merely express a
estate. Her widow, Mr. Vitug was also appointed co-executor. thought of parting, not bequeathing. Besides, he has no
Mr. Vitug moved for authority to sell some of her properties in known property worthwhile of bequeathing to the State.

order to reimburse himself for the payment of the estate tax he The instrument was not executed with animus testandi, and
advanced which was withdrawn from their joint bank account. cannot be legally considered as a will.

Corona opposed this saying that the money is conjugal Under the Spanish Civil Code, a holographic will must comply
property, and thus, there is no ground for reimbursement. Mr. with the formal requisites of the law in order to be valid, it
Vitug invoked their survivorship agreement stating that the must also be presented to the CFI judge of the testators last
balance of the joint account shall become sole property of the domicile.

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 Void. Ex: when another person has to agree before the legacy
Assuming the poem was a will, its noncompliance with the is to be bequeathed.

Spanish Civil Code renders it useless.

As to the superior right of the State over Montinolas: since 3. Interpretation of Wills
the charge was of a political complexion, the same became
null and void upon change in sovereignty.

1. Interpretation should favor validity of the will

RULING: It is legally impossible to enforce judgment of Art. 788. If a testamentary disposition admits of dierent
indemnity against Rizal relics.
interpretations, in case of doubt, that interpretation by which
the disposition is to be operative shall be preferred.

9. Individual
Substance over form

Most favorable construction to achieve purpose intended by

Art. 818. Two or more persons cannot make a will jointly, or in
the testator (presumption is that it is lawful)

the same instrument, either for their reciprocal benefit or for the
Construction: that which will uphold the will in all its parts, if it
benefit of a third person. (669)

can be done in accordance with the rule of law

void if joint will.

Doubt must be resolved in favor of construction

Ratio:

to allow for secrecy a will being a personal act;

2. In case ambiguous

to prevent undue influence;

Art. 789. When there is an imperfect description, or when no
In case of death of the testators at dierent times, probate person or property exactly answers the description, mistakes
would be harder;

and omissions must be corrected, if the error appears from the

It militates against the right of a testator to revoke his will at context of the will or from extrinsic evidence, excluding the oral
any time;

declarations of the testator as to his intention; and when an

In case of a husband and wife, one may be tempted to kill uncertainty arises upon the face of the will, as to the application
the other.

of any of its provisions, the testator's intention is to be

ascertained from the words of the will, taking into consideration
10. Purely personal

the circumstances under which it was made, excluding such

Art. 784.The making of a will is a strictly personal act; it cannot oral declarations.

be left in whole or in part to the discretion of a third person, or

Imperfect description or no person or property answers for
accomplished through the instrumentality of an agent or
the description:

attorney. (670a)

mistakes and omissions must be corrected

The mechanical act of drafting can be entrusted to another as Error is in context of the will or from extrinsic evidence; or
long as the disposition expresses the testators desires and when uncertainty arises from the face of the will

that it complies with the formalities of the law.

testators intention must be ascertained from the text of the
Advisable to employ and atty. in making a will. Presumption will

that the will was regularly made.

E: oral declarations of the testator

2 kinds of ambiguity

Art. 785. The duration or ecacy of the designation of heirs, 1. Patent or extrinsic appears upon the face of the will

devisees or legatees, or the determination of the portions which May not be proven by parol or extrinsic evidence;
they are to take, when referred to by name, cannot be left to the RATIO: appears on the face of the will so the
discretion of a third person. (670a)
interpretation according to law must be applied,
intention of the testator is to be determined by the will
alone.

Art. 786. The testator may entrust to a third person the 2. Latent or intrinsic only becomes apparent upon
distribution of specific property or sums of money that he may consideration of extrinsic circumstances

leave in general to specified classes or causes, and also the May be proven by parol evidence; RATIO: since it is
designation of the persons, institutions or establishments to disclosed by extrinsic evidence, it may only be
which such property or sums are to be given or applied. (671a)
removed by the same.

vs. Art. 785: in Art. 786 the particular names are not However, the Code did not make a distinction as to patent
designated whereas in Art. 785, the names of particular and latent ambiguities in terms of admissibility of extrinsic
persons are given. Moreover, in Art. 786, a class or a cause evidence; hence, extrinsic evidence may be used to prove
is what is specified.
intention of the testator.

Oral declarations are inadmissible for construction of the will;

Art. 787.The testator may not make a testamentary disposition written declarations outside the will are admissible. RATIO:
in such manner that another person has to determine whether testators lips has been sealed by death and thus theres no
or not it is to be operative. (n)
way to verify the truthfulness of the claims.

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3. Interpretation of words

6. After-acquired properties

Art. 790. The words of a will are to be taken in their ordinary

and grammatical sense, unless a clear intention to use them in Art. 793.Property acquired after the making of a will shall only
another sense can be gathered, and that other can be pass thereby, as if the testator had possessed it at the time of
ascertained.
making the will, should it expressly appear by the will that such
Technical words in a will are to be taken in their technical was his intention. (n)

sense, unless the context clearly indicates a contrary intention,

or unless it satisfactorily appears that the will was drawn solely
by the testator, and that he was unacquainted with such Art. 930. The legacy or devise of a thing belonging to another
technical sense. (675a)
person is void, if the testator erroneously believed that the thing
pertained to him. But if the thing bequeathed, though not
Words ordinary and grammatical sense

belonging to the testator when he made the will, afterwards

E: CLEAR INTENTION to use them in another sense if it can
be ascertained
becomes his, by whatever title, the disposition shall take eect.
(862a)

TECHNICAL WORDS in their technical sense

E: context CLEARLY indicates contrary intention

E: SATISFACTORILY appears that the will was drawn solely 792: after-acquired properties are not covered by the will.

by testator, and that he is UNACQUAINTED with such This was taken from the Code of Civil Procedure which has
technical sense
American roots. In it, the concept of heirs only refer to
relatives when the decedent dies intestate.

Intent of the testator is paramount. It is binding as long as it is However, this article is inconsistent with 774, 776, 781, and
not contrary to laws, morals, or public policy.
782. To reconcile this, the Court construed 793 to only refer to
In interpreting wills, the plain and literal meaning controls in devises and legacies.

order to avoid violation of the testators intentions.

Even so, it is still in conflict with 930. Irreconcilable.

E: when the intention clearly appears to be dierent from

what is stated.
7. Extent of interest covered

Idiomatic translation > literal translation. To give meaning to

the will.
Art. 794. Every devise or legacy shall cover all the interest
Technical words; rules:
which the testator could device or bequeath in the property
Written by a layman i.e. holographic wills: liberal disposed of, unless it clearly appears from the will that he
interpretation, reference to the popular meaning
intended to convey a less interest. (n)

Drafted by an expert: strict interpretation; technical

meaning prevails.
when not stated, the extent of the interest transferred to the
devisee or legatee is the whole.

4. Interpretation as a whole

4. Law governing form

Art. 791. The words of a will are to receive an interpretation As to time of execution
which will give to every expression some eect, rather than one
which will render any of the expressions inoperative; and of two Art. 795.The validity of a will as to its form depends upon the
modes of interpreting a will, that is to be preferred which will observance of the law in force at the time it is made. (n)

prevent intestacy. (n)

Amendment of the legislature of the laws concerning wills:

ALL words, clauses, and provisions in the will if not AFTER DEATH:

inconsistent with each other, shall be taken in its entirety.

INVALID subsequent statute cannot cure defect

no word or clause should be rejected if it is possible to be VALID rights of the devisee or legatee cannot be
given eect
impaired by future statutes

No part of the will should be discarded, unless in conflict with Ratio: would be equivalent to taking of property of those
some other part.
who has vested right on it without due process of law

Presumption when there is a will: that the testator intended to BEFORE DEATH, AFTER EXECUTION OF WILL:

dispose of all his property

This cannot constitute taking of property without due
process

5. Severability and invalid provisions

Ratio: no vested right before death

Art. 792.The invalidity of one of several dispositions contained Formal validity: GR: law in force AT THE TIME OF
in a will does not result in the invalidity of the other dispositions, EXECUTION prevails; subsequent statute enacted after
unless it is to be presumed that the testator would not have execution but before death shall have no retrospective eect.

made such other dispositions if the first invalid disposition had

not been made. (n)
Intrinsic validity: In applying Art. 16 of NCC, the national law
of the State of the decedent governs.

GR: testamentary provisions are severable

Ex: provision in the will stating laws of the Philippines shall
E: when the provisions can be presumed to not have been govern VOID

intended to be made by the testator without the first invalid

provision

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 If will is intrinsically valid at the time of execution, but a law
subsequently enacted renders it invalid at the time of death,
the law in force at the time of death governs.

Ratio: succession opens at the time of death of a person.

See: Art. 2263

Foreign law has to be proven like any other fact. They may
not be taken judicial notice of except when court already has
actual knowledge.

Enriquez vs. Abadia (1954) | Montemayor

FACTS: Fr. Abadia died in 1943, leaving a holographic will.
When one of the legatees filed a petition for probate, his heirs
opposed. TC ruled for testacy.

HOLDING: SC reversed. Holographic wills are prohibited in the

Old Civil Code. Even though upon the enactment of the New
Civil Code, holographic wills are now admissible, A795 of the
same Code provides that The validity of a will as to its form
depends upon the observance of the law in force at the time it
is made. Hence, the law applicable is the Old CC.

In re Will of Riosa (1918) | Malcolm

FACTS: Jose Riosa died in 1917 leaving a will which he
executed in 1908. The problem here is that his will complied
with the Sec. 618 of the Code of Civil Procedure, but did not
comply with Act No. 2645, which was an amendatory law
enacted in 1916. Trial court disallowed Riosas will.

HOLDING: The rule prevailing in many other jurisdictions is that

the validity of the execution of a will must be tested by the
statutes in force at the time of its execution and that statutes
subsequently enacted have no retrospective eect.

The GR in statcon is that "all statutes are to be construed as

having only a prospective operation unless the purpose and
intention of the Legislature to give them a retrospective eect is
expressly declared or is necessarily implied from the language
used. In every case of doubt, the doubt must be resolved
against the restrospective eect.

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