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779
Prof. Ruben F. Balane Testamentary succession is that which results from the
2015
designation of an heir, made in a will executed in the form
With cases, as updated for use by
prescribed by law.
the Succession class of Atty. Divina G E Pedron
Art. 780
I. NATURE AND PURPOSE OF THE LAW ON SUCCESSION Mixed succession is that effected partly by will and partly by
operation of law.
A. To provide a means whereby the property and juridical
relations of a person which are not extinguished by Art. 781
death should be transmitted and distributed. The inheritance of a person includes not only the property and
B. Statutory definition in Article 774: Succession as a the transmissible rights and obligations existing at the time of
mode of acquisition. his death, but also those which have accrued thereto since the
Art. 774 opening of the succession.
Succession is a mode of acquisition by virtue of which the property,
rights and obligations to the extent of the value of the inheritance, Art. 782
of a person are transmitted through his death to another or others An heir is a person called to the succession either by the provision of
either by his will or by operation of law. a will or by operation of law. Devisees and legatees are persons to
whom gifts of real and personal property are respectively given by
C. Succession as part of family law.
D. When does transmission take effect? virtue of a will.
Art. 777
The rights to the succession are transmitted from the moment of the Butte vs Manuel Uy and Sons
death of the decedent. Estate of Hemady vs Luzon Surety (1956)
Transmissibility being the general rule, the contrary should not be
E. Definition of terms and General Concepts easily implied, but must be clearly proved or at the very least,
Art. 775 clearly inferable from the provisions of the contract or law itself.
Lau Hu Niu vs. Collector of Customs (1916)
"Decedent" is the general term applied to the person whose Uson vs. Del Rosario (1953)
property is transmitted through succession whether or not he De Borja vs Vda de de Borja (1972)
left a will. If he left a will he is also called the testator. Bonilla vs Barcena (1976)
Vitug vs CA (1990)
NHA vs Almeida (2007)
Art. 776
The inheritance includes all the property, rights and obligations of a
person which are not extinguished by his death.
II. SYSTEM OF DISTRIBUTION OF PROPERTY UNDER
PHILIPPINE LAW: THE SYSTEM OF PARTIAL
Art. 777 RESERVATION
The rights to the succession are transmitted from the moment of the
death of the decedent A. The Reserved Portion (Legitime) and the Free Portion.
Kinds of Heirs
III. COMPULSORY SUCCESSION (886 – 907; 854; 915 – 923, 1032 354 SCRA 112 (2001)
– 1040; 970 – 977; 992; 891) Carlos vs. Sandoval, G.R. No. 179922, December 16, 2008 – 574
SCRA 116 (2008)
A. Why Compulsory?
B. The reserved portion – the legitime, defined in
Art. 855 C. Kinds of Compulsory Heirs: Article 887
The designation of the day or time when the effects of the 1. Primary
institution of an heir shall commence or cease shall be valid. a. Legitimate children and/or
b. Legitimate descendants
In both cases, the legal heir shall be considered as called to
the succession until the arrival of the period or its expiration.
2. Secondary
But in the first case he shall not enter into possession of the
a. Legitimate parents
property until after having given sufficient security, with the b. Other legitimate ascendants
intervention of the instituted heir. c. Illegitimate parents
Art. 905
1. Basic legitime – 1/2 of the estate.
Every renunciation or compromise as regards a future Three exceptions:
legitime between the person owing it and his compulsory
a. Marriage in articulo mortis –
heirs is void, and the latter may claim the same upon the
Art. 900 par. 2.
death of the former; but they must bring to collation whatever
they may have received by virtue of the renunciation or
b. Surviving spouse and illegitimate
compromise.
children
Art. 906 Art. 894.
Any compulsory heir to whom the testator has left by any c. Surviving spouse and illegitimate
title less than the legitime belonging to him may demand that parents
the same be fully satisfied.
Art. 903.
Art. 907 2. Legitimate children and/or Descendants.
Testamentary dispositions that impair or diminish the a. 1/2 of the estate
legitime of the compulsory heirs shall be reduced on petition Art. 888.
of the same, insofar as they may be inofficious or excessive
b. Principle: The nearer exclude the
Sienes vs. Esparcia, 1 SCRA 750 (1961) farther, without prejudice to
Cano vs. Director, 105 Phil. 1 (1959) representation.
Francisco vs. Francisco-Alfonso, G.R. No. 138774, March 8, 2001 –
c. Adopted children – same rights as
legitimate children Sec. 18, R.A. Art. 895, par. 3
8552 (Domestic Adoption Act of
1998) Sayson vs. Court of Appeals, G.R. No.
89224, January 23, 1992
3. Legitimate Parents or Ascendants.
a. 1/2 of the estate
Art. 889
5. Illegitimate Children and/or Descendants.
Art. 890.
a. If they are the only compulsory heirs:
b. Three rules: 1/2 of the estate
1. The nearer exclude the farther. Art. 901
2. Division by line.
3. Equal division within the line.
b. If concurring with the surviving
4. Surviving Spouse: Most variable share. spouse: 1/3 of the estate
a. If alone: 1/2 of the estate Art. 894
Exception: marriage in articulo mortis:
1/3 of the estate (Art. 900, par. 2) c. If concurring with legitimate parents
Art. 900, par. 2
or ascendants: 1/4 of the estate
Art. 896
b. If concurring with illegitimate
children: 1/3 of the estate d. If concurring with legitimate
Art. 894 children or descendants: ratio of 2:1.
c. If concurring with one legitimate Art. 176, FC
child: 1/4 of the estate
Art. 892 [But if decedent died before
effectivity of FC – 10:5:4].
d. If concurring with legitimate parents Art. 895, CC
or ascendants: 1/4 of the estate
Art. 896 e. Descendants of Illegitimate Children
Art. 902
1. Will operates only to the extent that legitimes Payad vs. Tolentino, G.R. No. 42258, September
are not impaired.
5, 1936 – 63 Phil. 395 (1936
2. Wills can dispose only of free portion. Garcia vs. Lacuesta, G.R. No. L-4067, November
29, 1951- 90 Phil. 489 (1951)
C. Wills – defined in Art. 783.
Barut vs. Cabacungan, G.R. No. L-6285,
Vitug vs. Court of Appeals, G.R. No. 82027, March 29, 1990 – February 15, 1912
183 SCRA 755 (1990) Nera vs Rimando, G.R. No. L-5971, February 27,
Herreros vs. Gil, 88 Phil. 260 (1951)
191
Rabadilla vs. Court of Appeals, G.R. No. 113725, June 29, 2000
1) In writing
– 334 SCRA 522 (2000) 2) In a language known to the
Testate Estate of Catalina dela Cruz vs. Dela Cruz, G.R. No. testator.
L-24819, May 30, 1969 – 28 SCRA 42 (1969)
Suroza vs. Honrado, A.M. No. 2026 CFI 2008 – 544 SCRA 393 (2008)
December 19, 1981 – 110 SCRA 388 (1981)
Abangan vs. Abangan, G.R. No. L013431, e. All pages numbered in letters on
November 12, 1919 – 40 Phil. 476 (1919) upper part.
De Roma vs. Court of Appeals, 152 SCRA
205 (1987)
Cagro vs. Cagro, G.R. No. L5826, April 29, 1953
Vda. De Villanueva vs. Juico, 4 SCRA 550
– 92 Phil. 1032 (1953)
(1962)
Salla vs. Ascueta, 49 Phil 333 (1926)
Balanay vs. Martinez, 64 SCRA 454 (1975) f. Attestation clause.
f.1 Stating number of pages of will.
Garcia vs. Vasquez, 32 SCRA 489 (1975)
f.2 Stating fact that testator or agent
Lopez vs. Liboro, 81 Phil 429 (1948) signed as required by law in witnesses’
Reyes vs. Vda. De Vidal, G.R. No. L-2862, presence
April 21, 1952 – 91 Phil. 909 (1952) f.3 Stating that witnesses witnessed and
signed as required by law in testator’s and
one another’s presence.
Gonzales vs. Court of Appeals, 90 SCRA 183 (1979)
3. Special requirements for attested wills –
Vda. De Ramos vs. Court of Appeals, G.R. No. L-
Art. 805 40804 January 31, 1978 – 81 SCRA 393 (1978)
Art. 806
Art. 820 g. Notarization.
Art. 821 Gonzales vs. Court of Appeals, 90 SCRA 183 (1979)
Art. 822 Vda. De Ramos vs. Court of Appeals, G.R. No. L-
40804 January 31, 1978 – 81 SCRA 393 (1978)
Art. 823
Art. 824
h. If testator is deaf or a deaf-mute –
a. Signed by testator or his agent in his Art. 807.
presence and by his express direction Art. 892
at the end thereof in witnesses’
presence. Alvarado vs. Gaviola, G.R. No. 74695 September 14,
b. Attested and signed by at least 3 1993– 226 SCRA 347 (1993)
credible witnesses in testator’s
presence and of one another. i. If testator is blind
c. Testator must sign each and every Art. 808
page except the last on left margin
and in witnesses’ presence.
j. Witnesses
Art. 820
Icasiano vs. Icasiano, G.R. No. L-18979, June
Art. 821
30, 1964 – 11 SCRA 422 (1964)
Art. 822
Art. 823
d. Witnesses must sign each and every Art. 824
page on left margin, in testator’s
presence and of one another.
k. Substantial COmpliance
Lee vs. Tambago A.C. No. 5281, February 12,
Caneda vs. Court of Appeals, G.R. No. 103554, May Art. 815
28, 1993 Art. 816
Azuela vs. Court of Appeals, G.R. No. 122880, April Art. 817
12, 2006
Lopez vs. Lopez, G.R. No. 189984, November 12, 2012 7. Joint wills
Art. 818
Art. 819
4. Special requirements for holographic wills
Art. 810 8. Codicils and Incorporation
Art. 811 Art. 825
Art. 812 Art. 826
Art. 813 Art. 827
Art. 814
Azuela vs. Court of Appeals, G.R. No. 122880, April Alsua Betts vs. Court of Appeals, G.R. Nos. L-
4643031, July 30, 1979
12, 2006
Codoy vs. Calugay, G.R. No. 123486, August 12, 1999
– 312 SCRA 333 (1999)
D. 2 modes of testamentary succession
Gan vs. Yap, G.R. No. L-12190, August 30, 1958 – 104
1. Institution of heir
Phil. 509 (1958)
Rodelas vs. Aranza, G.R. No. L-58509, December 7, Art. 840
1982
Art. 841
a. Entirely written, dated and signed by
testator. Art. 842
Roxas vs. De Jesus, G.R. No. L-38338, January 28, Art. 843
1985 – 134 SCRA 245 (1985)
Art. 844
Labrador vs. Court of Appeals, G.R. No. 58168,
December 19, 1989 – 180 SCRA 266 (1989) Art. 845
Kalaw vs. Relova, G.R. No. L-40207 September 28,
1984 – 132 SCRA 237 (1984) Art. 846
Art. 847
5. Purpose of requirements – to close the door to
bad faith and fraud, to avoid substitution of Art. 848
wills, and to guarantee their truth and
authenticity. Art. 849
Bagtas vs. Paguio, G.R. No. L-6801, March 14, 1912 Art. 850
Torres vs. Torres, 48 Phil 77
De Guzman vs. Estate of Benitez, 169 SCRA 284 Art. 851
(1989)
Art. 852
Seangio vs. Reyes, G.R. No. 140372, November 27, 3. Distinction between heirs, legatees and
2006 – 508 SCRA 177 (2006) devisees
Austria vs. Reyes, G.R. No. L-23079 February 27, 1970
Art. 782
– 31 SCRA 754 (1970)
G. Executors and Administrators – Arts. 1058 – Ajero vs. Court of Appeals, G.R. No. 106720 September 15,
1060. 1994 – 236 SCRA 488 (1994)
c. jus conjugis
8. State.
d. jus imperii
D.a. Rules on Computation of Degrees of Relationship
2. Rule of preference of lines. (978 / 985) – Arts. 963 – 969.
Bacayo v. Borromeo, 145 SCRA 986 – 14 SCRA 986 a. Rule: Trace where the intestate
(1965) portion went in case of total
intestacy and let recipient thereof
7. Other collaterals – up to the 5th degree.
suffer the reduction.
b. Apply in Articles 991, 994, 997, 998,
a. Determine value of property left at
1000 and 1001.
the death of the testator.
H. Special Rules.
b. Deduct all debts and obligations.
3. Donations are included in legitime but testamentary dispositions are excluded – Arts.
909 – 910, 1061 – 1062, 1063.
4. If legitimes impaired – first reduce testamentary dispositions pro rata (907, 911, but
cf. 950), 912 – 914, then reduce donations in inverse order of dates (911, 773).
a. Ante Mortem
b. Post Mortem
3. Kinds of Partition:
a. Extra-judicial
b. Judicial