RESERVA TRONCAL they are the closest relatives to B1.

This is
intestacy.
Art. 891. The ascendant who inherits from Q: The father donated an exclusive property to
his descendant any property which the latter his son. When the son died, the property was
may have acquired by gratuitous title from inherited by the mother. Subsequently, the
another ascendant, or a brother or sister, is mother executed a will, giving the property to
obliged to reserve such property as he may her grandchildren, C1 and D1. When she died,
Notes:
have acquired by operation of law for the the following were her heirs: C, her daughter, D,
(1)benefit of relatives
The three degreeswho are within
mentioned in the
Art.third
891 is her son, C1, the child of C, and D1, the child of
degree from
counted and the
whoprepositus.
belong to the line from D. Who will get the property?
which said property came.
(2) This does not include illegitimate relations, A: The reservista cannot execute a will giving it
only legitimate. to her choice of heirs because a will takes effect
upon death. She cannot destroy that reserved
Q: A (husband) and B (wife) have a child, B1. A
property by executing a will. So it will belong to
died. B married C; they have a child, B2. B1 and
C and D, because the rule says the nearest
B2 are half-brothers. B1 donated property to
B2. B1 died. B2 died. Where will the property of excludes the farthest.
B2 go? Notes:
A: The property will go to B and C, his parents. (1) It is different when the reservista sells it. In
this case, it can be sold, but the one who
Q: Now, let us say B and C died. Where will the
bought it has a revocable title, wherein if there
property go to the parent of A, to the parent
are relatives of the third degree from the
of B, or to the parent of C?
prepositus who survive, then that sale will be
A: Bar Q suggested answer is that it will all go to revoked.
the parent of B. But for Sir Esto, it would either
(2) The reserved property cannot be used to
go to the parent of A or the parent of B because
pay the debts of the estate of the mother,
they are both ascendants from where the
property came. There is reserva troncal in the because that is reserved.
part where C got part of the property that Q: The father donated an exclusive property to
originated from B1. his son. When the son died, the property was
inherited by the mother. The reservatarios are
Q: A and B are married and they have a child,
(1) the nephew of the prepositus; and (2) the
B1. They both died. It was inherited by B1.
uncle of the prepositus. Who will get the
When B1 died, he was survived by his aunt
(sister of B) and his uncle (brother of A). Are the property?
requisites of reserva troncal present? A: The nephew. Although they are both third
degrees from the prepositus, de Papa v.
A: NO. Aunts and uncles are not ascendants,
Camacho provides that the nephews exclude
they are collateral relatives. There is no reserva
troncal and both of them will inherit because the uncles. Art. 1009 applies.
DISINHERITANCE
Q: A, the father, did not make a will, but his
legitimate child was convicted and found guilty
of attempting on the life of his father. The
father died. Can the child inherit?
A: NO. Art. 1032 applies both when there is a
will or not. He is incapacitated to inherit due to
unworthiness.
Q: Parent abandoned the child, but the child did
not disinherit the parent. Can the parent
succeed?
A: NO. Under Art. 1032, parent is incapacitated
to inherit due to unworthiness.
Q: Parent abandoned the child, he was not
disinherited. However, after the parent
abandoned, they reconciled? Can the parent
inherit when the child dies?
A: NO. Since he was incapacitated to inherit due
to unworthiness, the only way to eliminate the
unworthiness is not reconciliation, but
condonation in writing. (Art. 1033)
Q: The child disinherited the father in a will
because the father abandoned the child. Later
on, there was reconciliation but it was not in
writing. Can the father inherit?
A: YES. Reconciliation need not be in writing for
the disinheritance to be revoked.
RULES!
a. If one is disinherited on a ground which
is not a ground for incapacity and there
is reconciliation but not in writing, the
disinheritance is no longer valid.
b. There is disinheritance on the same
ground as one for incapacity and there
is reconciliation, the disinheritance is no
longer effective and incapacity is no
longer effective.
c. The ground for incapacity is not the
same as disinheritance and there is
reconciliation, heir can still not inherit
because it should be condonation in
writing and not mere reconciliation.
d. There is no disinheritance, but he was
incapacitated due to a ground which is
also a ground for disinheritance and
there is reconciliation, heir cannot
inherit because there is no condonation
in writing or a new will.
Q: A, the child, attempted on the life of his
brother. Can the father disinherit the child?
A: YES, if there is a conviction. Art. 919(1)
applies.
Q: The daughter has an incestuous relationship
with the father. Can the mother disinherit the
father?
A: YES, because that is a ground for legal
separation, so Art. 921(4) applies.
Q: The father attempted on the life of the
mother, but there was no conviction. Can the
child disinherit the father?
A: YES. Art. 920 (8), an attempt on the life of the
parent against the life of the other, doesnt
need conviction. However, reconciliation will
revoke the disinheritance.
Q: The husband attempted to kill the wife.
There was no conviction. Can the wife disinherit
the husband?
A: YES, because that is a ground for legal
separation, so Art. 921(4) applies.
Q: A and B were married. B left his wife and
cohabited with another woman. A brought an
action for legal separation. Trial had already
been done but before the decree was issued, A
died. Can B inherit?
A: YES. Since theres no decree of legal
separation, the effect of legal separation that
the guilty spouse cannot inherit will not yet
apply.
LEGACIES AND DEVISES
Q: A did not know that the land he was giving to
the devisee belonged to a third person, then he
died. Is there an obligation of the administrator
or executor to buy that from the third person or
in cases where the third person does not sell, to
give the value of the party to the devisee?
A: NO. Art. 930 says the devise is void unless it
is the testator himself who buys it.
Q: What if the testator knew that it was not his
then he gave it to the devisee and then he died.
Is there an obligation of the administrator or
executor to buy that from the third person or in
cases where the third person does not sell, to
give the value of the party to the devisee?
A: YES. Art. 931 applies. Art. 931 refers to both
implied and express order from the testator.
Q: The testator knew that the property belongs
to the devisee but he nevertheless gave it to the
devisee. When the testator dies, can the
devisee get the value of the thing?
A: NO. Art. 932 applies. Devise shall be
ineffective.
Q: The testator knew that the property belongs
to the devisee but he nevertheless gave it to the
devisee. Before the testator died, the devisee
sold it by pacto de retro and then he bought it
back. Can the devisee, when the testator dies,
claim the repurchase price?
A: NO. Art. 933 applies. Devise is ineffective
even though it is subsequently alienated.
Q: A, gave a legacy of remission of debt.
However, before he died, he demanded the
payment of the debt. Then he died. Is the debt
omitted?
A: NO. Art. 936 provides that it will only lapse
when the demand is by action. He merely made
a letter of demand, he did not file a case.
Remission of debt is still available.
Q: When A made his will, he had a credit which
is collectable of P100,000. When he died, there
is a collectable of P200,000. How much will go
to the heir?
A: P100,000. Art. 937 applies.
Q: A bequeathed a property to B, but A sold
that same property to a third person. Then he
died. Does the executor have the obligation to
repurchase the property or at least give the
value of the property?
A: NO. The sale revoked the bequeathal of the
property. Art. 957 applies.
Q: A gave a devise to B. He donated the same
devise to C. Then he died. Who will get the
land?
A: The donee since it is donation that is first
effective than the devise.
Q: A gave a devise to B. A donated to a third
person. However, since the donation was not in
form, he brought an action to declare it void.
Then he died. Can the devisee get the property
that is now in the estate of the testator?
A: NO. Art. 957(2) applies. Testator really
intended to donate it. Devise is not effective.
Q: A, the testator, gave a land to B, the devisee.
He sold it to a third person because the third
person forced him to sell it. He brought an
action to annul based on vitiated fraud, which
succeeded and the property is now in the
testators estate. Is the devise valid?
A: YES. Since he had no intention at all to sell
because he was forced, then that declaration of
voidable will actually not invalidate the devise.
He never intended to revoke the devise.
Principle: If the declaration of a contract is
nullity, devise is not valid. If its voidable, devise
is valid.
INTESTACY
Q: Four situations when there is intestacy.
A: Art. 960 provides, that 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.
Rights of representation
Q: When is there a right of representation?
A: Predecease, disinheritance, incapacity due to
unworthiness. No right of representation in
repudiation.
Q: Each of A, B, and C have children. The father
of A, B, and C died. A, B, and C repudiated. Can
their children inherit?
A: YES, by their own right, inheriting equally.
Art. 969 applies.
Q: Each of A, B, and C have children. The father
of A, B, and C died. A and B repudiated. C
predeceased. Who will inherit from the
grandfather?
A: Only Cs children by right of representation.
Q; Each of A, B, and C have children. The father
of A, B, and C died. A renounced. B
predeceased. C incapacitated. Who will inherit?
A: Children of B and C.
Q: A is the grandfather. B is the father. C is the
grandson. The grandson repudiated his fathers
inheritance. B died. Then A died. Can the
grandson represent the father to the
grandfathers estate?
A: Yes. C did not repudiate the grandfathers
inheritance, only the fathers inheritance.
Q: A is the grandfather. B is the father. C is the
grandson. B repudiated A. B died. Then A died.
Can C inherit from A?
A: YES, by his own right.
Q: A has two sons, B and C. B and C have
children of their own. B repudiated the father. B
died. Then A died. Who are the heirs of A B1,
the son of B, C, and Cs son?

A: C. B1 cannot yet inherit in his own right.

Q: A is given a legacy. However, A died. But he

has a child. Then the testator died. Will the child
inherit the legacy of his father given by the
testator?

A: NO. Because a legatee is not a compulsory

heir. There is no right of representation in
voluntary heirs. Art. 856 applies.

Q: A is the grandfather. B is the father. C is the

grandson. B died. After B died, C died. Can the
grandfather represent B to the estate of C?

A: NO. There is no right of representation in the

ascending line. Art. 972 applies.

Q: A is the grandfather. B is the father. C is the

grandson. B has a spouse, D. B died. Then C
died. Who are the heirs of C?

A: D. A cannot represent and cannot inherit in

his own right.

Q: Is there a right of representation in the

collateral line?

A: Only nephews and nieces. Art. 972, second

par. applies.

Q: A, B, and C are the children of D. A has 1

child, B has 2 children, and C has 3 children. A,
B, and C all predeceased D. D died. He has an
estate of P1,200,000. How will the
grandchildren share the estate?

A: Divide the estate per stirpes. They will only

get the share of those they represent. Art. 982,
in relation to Art. 981, applies.