Beruflich Dokumente
Kultur Dokumente
Mayol
CHAPTER 4 1
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS
Accretion
*In property it is the process by which soil sediments carried by water are gradually deposited to land situated on
the bank of a river or on the seashore. It involves addition or “ipuno”. The same principle is applied in succession.
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 co-heirs, co-devisees, or co-legatees.
- Ex.
A parcel of land with an area of 900 sqm is adjudicated by the testator to his heirs A,B,C, the share of each
is not mentioned. Each of them shall receive 1/3 or 300 sqm (Art. 846. Heirs instituted without
designation of shares shall inherit in equal parts.) If A predecease, or has no capacity to inherit or refuses
to accept, a vacant portion shall exist. B and C shall receive the vacant portion in proportion to the
institution by testator. The 300 sqm shall be distrubuted equally between B and C. Thus, B and C shall
receive 450 each, 350 by virtue of institution and 150 by virtue of accretion.
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.
* The heirs are co-owners of the undivided property given to them by the testator or the heirs are the pro indiviso
owners of the property
* If the property is indivisible, for example a car, this shall be sold and the proceeds divided equally among the co-
owners
* No accretion shall apply if there has been physical segregation or ear-marking of the property given or the share
of the heirs can be pinpointed.
Ex. If A shall receive the property located in Mandaue, and B shall receive the property in Cebu. If B predecease,
the property in Cebu shall not go to A thru accretion.
Ex. Testator leaves all his money to A and B. A shall get the money in the left drawer and B shall have the money in
the right drawer. No accretion, there is physical segregation.
* Accretion is only based on the presumed will of the testator. The written will shall prevail over a presumed will. 2
- If all the requisites for accretion are existing, but the testator prohibits accretion in his will - no accretion.
- If no requisites for accretion are existing, but the testator wrote in his will that accretion shall apply in case
of predecease - accretion shall be done.
Art. 1017. The words "one-half for each" or "in equal shares" or any others which, though designating an aliquot
part, do not identify it by such description as shall make each heir the exclusive owner of determinate property,
shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right of accretion.
- If the testator gives the heirs a fractional share of the property or an aliquot part (ex. 1/2 to A, 1/4 to B,
1/4 to C) to the heirs, accretion shall still apply since the property is still undivided, a pro indiviso share
base been given, the particular part to be received by the heirs cannot be pinpointed or has not been
specified, and they are still co-owners.
Art. 1018. In legal succession the share of the person who repudiates the inheritance shall always accrue to his
co-heirs.
- if heirs inherit by legal succession and there is repudiation (thus no right of representation), the remaining heir/s
shall receive his share, whether the principle of accretion is applied or not.
In legal succession accretion shall also take place in case of incapacity if the right of representation does
not exist.
In legal succession, in case of predecease, the remaining co-heir inherit in their own right, subject to the
right of representation
Art. 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they
inherit. (n)
Ex. X instituted A,B,C as his heirs to his 10,000 sqm property. Their shares are: A-½ , B-¼ , and c-¼. A shall
receive 5,000, B-2,500 and C-2,500. C died before X. How much shall A and B receive.
Ex. X died intestate leaving behind his 12,000 sqm property to his legitimate child A and his illegitimate
children B, C. B has a son F. B repudiates his share. How much shall A, B, C and F receive.
Or since B repudiated, divide the estate between A and C, in the proportion 2:1 (Art 983-illegitimate child’s
share is ½ of legitimate child’s). A= 8,000; C=4,000
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 co-heirs shall succeed to it in their own right, and not by
the right of accretion. (985)
Ex. Testator designated his children A and B and his friend F as heirs of a certain property he owned with an
area of 120,000 sqm. B renounced his share. B has a son C. How much shall each receive?
So A shall receive 90K. 60K in his own right as legitime as a compulsory heir, 20K by virtue of institution as
a voluntary heir, and 10K by virtue of accretion.
F shall receive 30K; 20K in his own right by virtue of institution and 10K by virtue of accretion.
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.
Art. 1023. Accretion shall also take place among devisees, legatees and usufructuaries under the same
conditions established for heirs.
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.
Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the
succession opens, except in case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born
later under the conditions prescribed in article 41. (n)
Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private
corporations, organizations, or associations for religious, 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. (746a)
- Juridical person may succeed under a will, provided they have personality at the time of testators death,
unless they are prohibited by a provision in their charter or the laws of their creation
//JINKY
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. (744, 914)
Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the
succession opens, except in case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born
later under the conditions prescribed in article 41. (n)
Natural persons
o Created by God with valuable assistance of your parents
o Juridical personally is acquired through birth
o Must be living or
o At least conceived at the time the succession opens (subject to fulfillment of Art. 41, FC) –
alive at the time you separated from your mother’s womb
ART 41, FC
For civil purposes, the fetus is considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the fetus had an intra-uterine life of 5
less than seven months, it is not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal womb.
Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private
corporations, organizations, or associations for religious, 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. (746a)
Juridical persons
o Testamentary heir but NOT legal heir
o Can’t make a will
o Must have juridical personality
o Corporations, associations, charitable institutions - Duly issued with certificate of incorporation
by SEC
o If public institution, government – already existing/operational at the time succession opens
If the laws creating that particular association or corporation (i.e.: charter, law of
creation) has prohibition to inherit – they CAN’T
INCAPATICATED TO SUCCEED
o Art. 1027 – by reason of undue influence
o Art. 1028 – by public morality
o Art. 1032 – by reason of unworthiness
o During his “last illness” – sickness that resulted to the death of the testator
o There is no need to prove there is undue influence (conclusively presumed). You only need to 6
prove that testator had confession with him before he died.
o If there is a will before the confession, then the priest is not anymore prohibited because you
cannot say that the priest has exercised undue influence. Because when you confess, it is
believed that in that point in time, undue influence was exerted.
o If advise lang – valid, not confession, no undue influence.
o If testator confessed to a priest who is his son –
Ex: estate is ₱1M, testator gave ₱700,000 to son (who is also a priest), subsequently
executed a will, then he died (will MUST be executed after the confession)
Disqualification – extends only to what was given by will; DOES NOT include
legitime
So, he will receive ½ of estate, ₱500,000 (as legitime/compulsory heir) given
to him by law
Remaining ₱200,000, cannot be given to him; disqualified to that extent
Free portion (₱200,000 + ₱300,000) – given to only son (priest), because he is
the legal heir (NOT because of the will)
Guardians
o Reason: guardians have moral ascendancy over the ward
o Consolation: not at all disqualified. If your guardian is your ascendant, brother, sister or spouse,
they can still receive inheritance
o Ward makes will making guardian as beneficiary before final approval of final accounts –
testamentary disposition of the ward – result of undue influence conclusively presumed
Attesting witness
o includes spouse, parent, children, or anyone claiming from these persons
2. Relative – you cannot inherit from certain person under certain circumstance but you can inherit
from others
Priests
Guardians
Art. 1027 (except #6)
Art. 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to
testamentary provisions. (n)
Incapable of succeeding
o Guilty of adultery or concubinage at the time of the making of the will
No need for conviction – preponderance of evidence is enough
o Persons guilty of criminal offense in consideration thereof
o In favor of public officers by reason of public office
//ILEEN
These are the same enumeration you’ll see in 919 (disinheritance). In disinheritance, if you committed those
grounds, what’s required is reconciliation to erase those. What will erase the grounds in case of unworthiness and
therefore you’ll be restored to your former right and receive what is owing to you by inheritance? Condonation.
(1033)
ARTICLE 1033.The causes of unworthiness shall be without effect if the testator had knowledge thereof at the
time he made the will, or if, having known of them subsequently, he should condone them in writing.
To erase the ground for unworthiness which would have deprived you of the inheritance, all you need to do is to 8
secure the pardon of the testator and that pardon may be implied or express. Implied, if you are instituted as an
heir by the testator notwithstanding knowledge of the act that would have barred you from inheriting because of
unworthiness. Express, if in writing he manifests that he already pardoned the act done by the heir.
Pardon will restore the right of the heir who is otherwise unworthy. Reconciliation will restore the right of the heir
who would have been validly disinherited.
Since they have the same grounds, if I will make a will and disinherit the heir, can I do that? Yes.
Supposing I can’t institute a will (therefore no disinheritance), can that heir inherit? No, assuming he committed an
act of unworthiness. If the testator failed to disinherit in a will, the law will disqualify the heir being unworthy.
What the testator failed to do in his lifetime, such as to disinherit, the law will effect the disqualification for him
(1032), not by disinheritance but by being unworthy.
Reconciliation (in disinheritance) is easier because it need not be done in writing, unlike condonation (in
unworthiness) which requires pardon to be in writing (express: written pardon or implied: heir instituted in a will
despite unworthiness).
If ever there was an implied pardon, then he can inherit. If he was unworthy and subsequently there was
reconciliation, that would be ineffective since that is not the remedy. On the other hand, if you have been
disinherited then subsequently forgiven (but no reconciliation), will your right to inherit be restored? No.
ARTICLE 1034.In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the
death of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary to wait until final judgment is rendered,
and in the case falling under No. 4, the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also
be considered.
This applies to testate and intestate. For instance, if you’re a conditional heir and the testamentary disposition is
subject to a condition that you’ll pass the 2013 Bar exam (suspensive condition), when will it be determined
whether the condition is fulfilled or not? The testator died before the results were released and considering that
the condition was not fulfilled at the time of the opening of the succession… it took 3 years more from the death of
the testator for you to pass the Bar exam.
There are 2 tests for you to inherit:
1. You must be qualified to inherit at the time of the death of the testator.
2. You must be qualified to inherit at the time of the fulfillment of the condition.
Ex. When the testator died, you were qualified but the condition was not yet fulfilled. After 3 years, the condition
was fulfilled but at that time, you’re no longer qualified because you were convicted of a crime against the spouse
of the testator. You became unworthy because of the crime so you cannot inherit.
//RUTH
Art. 1038. Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles,
entered into the possession of the hereditary property, shall be obliged to return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of
due diligence. (760a)
Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)
Art. 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall
be brought within five years from the time the disqualified person took possession thereof. It may be brought by
any one who may have an interest in the succession. (762a)
What is legal effect if the person is incapacitated but he insists in the possession and enjoyment of the property,
both capacitated what is the sanction? Wa kay katungod kay incapicated ka nevertheless he is in possession and 9
enjoying the possession? What is the legal effect?
Very practical, he is duty bound to return the property. Not only, but including the accessions, meaning the
improvement by nature, as well as the fruits of that property which have been earned in the exercise of reasonable
diligence. Importantly i-uli wa man kay katungod. What about accessions? These are fruits but increments done by
nature… that is still included.
If the xxx are prejudiced by the failure or neglect to return the property… what do you do? You resort to court
action.
What is the name?
Action for the declaration of incapacity and Recovery of real property, if ever it involves real property.
At the same time reconveyance of the property which is possessed by him without authority of law. You pray for
the return of the property.
The action should brought WITHIN 5 YEARS from the time the DISQUALIFIED heir took POSSESSION thereof.
The action must be BOTH for declaration AND recovery. If one brings the action only for a declaration of incapacity,
he cannot recover possession. The action must include recovery of accessions, rentals, and fruits.
Anyone who may have interest in the succession (the person who would inherit in place of the incapacitated heir)
may bring the action.
Art. 1041. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. (988)
What is acceptance?
The acceptance of the inheritance under the civil code is the act by which the person called to succeed by universal
title either by the testator or by law manifests his will of making his own the universality of the rights and
obligations before transmitted to him.(Tolentino)
Just like contracts, it should be freely entered to. It should be free and voluntary. There should be no vitiated
consent.
It is likewise retroactive.
Decedent died September 1, then 24 days from his death, you come to this sight as an heir that you’ll accept, the
other one repudiates, you did it today September 25, when does the heir deemed to accepted or repudiated the
inheritance?
It dates back to September 1, and not today. Why retroactive to September 1? According to 777, the right to the
succession is transmitted at the moment of the death of the decedent. So that to avoid in appoint in time where
there is no owner. Ownership is characterized by continuity. To avoid a vacuum.
Art. 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the
decedent. (989)
Art. 1043. No person may accept or repudiate an inheritance unless he is certain of the death of the person from
whom he is to inherit, and of his right to the inheritance. (991)
Still a description, same as the above provisions.
What are the conditions precedent to be observed before succeeding?
(1) Certainty of the death of the person from whom one is to inherit
(2) You must be certain of our right that you can succeed
One must be certain to his right to succeed because a will is ambulatory. It is subject to revocation.
Art. 1044. Any person having the free disposal of his property may accept or repudiate an inheritance.
Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Parents
or guardians may repudiate the inheritance left to their wards only by judicial authorization.
The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to
determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030. 10
(992a)
Art. 1045. The lawful representatives of corporations, associations, institutions and entities qualified to acquire
property may accept any inheritance left to the latter, but in order to repudiate it, the approval of the court shall
be necessary. (993a)
Art. 1046. Public official establishments can neither accept nor repudiate an inheritance without the approval of
the government. (994)
Art. 1047. A married woman of age may repudiate an inheritance without the consent of her husband. (995a)
Take note in repudiation, the above provision provides that they can only repudiate with judicial approval or
authorization.
They can accept without judicial approval. The guardians for their wards. Agents or representative of corporations,
associations, and institutions.
Art. 1048. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an
agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These
guardians may repudiate the same with judicial approval. (996a)
Art. 1051. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition
presented to the court having jurisdiction over the testamentary or intestate proceedings. (1008)
The repudiation shall be made in a public or authentic instrument.
Why should it be made in a public document? Is a public document not authentic? Why is it stated in the law?
Authentic is placed to emphasize the importance that it is genuine and is duly proved. That is why it is strict in
repudiation. 11
Art. 1052. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the
court to authorize them to accept it in the name of the heir.
The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. The
excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to
whom, in accordance with the rules established in this Code, it may belong. (1001)
The remedy of the creditor of the heir-debtor is to petition the court. The petition contains that the creditor be
allowed to accept the inheritance in the name of the heir to accept the amount to the extent of the credit. You can
recover only to the extent of the credit.
Art. 1053. If the heir should die without having accepted or repudiated the inheritance his right shall be
transmitted to his heirs. (1006)
Art. 1054. Should there be several heirs called to the inheritance, some of them may accept and the others may
repudiate it. (1007a)
Combine these two provisions. If the heir died without acceptance or repudiation, the right is transmissible to his
heirs. It is up to his heirs to accept or repudiate the inheritance. They refer to their individual capacity to accept or
repudiate. Art. 1054 is based on Art. 1053.
Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the
inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities.
Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still
accept it in the latter capacity. (1009)
The basis of intestacy is the presumed will, had he been able to distribute it in his lifetime vis-à-vis in testamentary
which there is a will which is the express will of the testator.
Repudation of his capacity as a testamentary heir.
During the lifetime of B, had a will in which the only disposition of his will is that the free portion goes to his only
son A. Let us solve first the free portion. The free portion is the portion after all the legitime is satisfied. The
legitime is half of the estate. The estate is 100k. 50k goes to A as his legitime. So there is a free portion of 50k. A
chose to repudiate the disposition of the will to which the free disposable free portion would only go to him and to
no one else. By will, the express will of the testator, which was in the last will and testament. .. what was given to
him expressly by the testator, he rejected it. What happens to your legal share? Who gave you the legal share? It is
the law based on the presumed will. If your legal share is based on the presumed will who will prevail? Is it the
presumed will? Or the express will? The express will will prevail. Since you repudiated what was given to you by
will, which founded by express will of your father the testator, then you are deemed to have renounced also what
was given to you based by law based on the presumed will. Therefore you are deemed to have repudiated it
likewise. So repudiation which is based on the express will carries with it repudiation on the presumed will.
But the same does not apply the other way around. As long as there is no fore knowledge of him being a
testamentary heir.
Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned,
except when it was made through any of the causes that vitiate consent, or when an unknown will appears.
(997)
Art. 1057. Within thirty days after the court has issued an order for the distribution of the estate in accordance
with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether
they accept or repudiate the inheritance.
If they do not do so within that time, they are deemed to have accepted the inheritance. (n)
//THIRDIE
Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the
inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. 12
Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still
accept it in the latter capacity.
Repudiation of the share as given in the will is an implied repudiation of one’s share in the estate given by
law or intestate.
(wa man gani ka nidawat sa gihatag og tuyo sa imong amahan, what more sa ihatag sa law.)
But repudiation of what is given by law does not mean repudiation of what was given expressly by will
provided he repudiates without knowledge that he is also a testamentary heir.
Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned,
except when it was made through any of the causes that vitiate consent, or when an unknown will appears.
(997)
Art. 1057. Within thirty days after the court has issued an order for the distribution of the estate in accordance
with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether
they accept or repudiate the inheritance.
If they do not do so within that time, they are deemed to have accepted the inheritance.
Presumption: Within 30 days after court order and the heirs did not act whether to accept or repudiate =
deemed an acceptance
Section 4. Executors and Administrators
Art. 1058. All matters relating to the appointment, powers and duties of executors and administrators and
concerning the administration of estates of deceased persons shall be governed by the Rules of Court.
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. 1060. A corporation or association authorized to conduct the business of a trust company in the Philippines
may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an
individual; but it shall not be appointed guardian of the person of a ward.
Section 5. Collation
Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the
estate any property or right which he may have received from the decedent, during the lifetime of the latter, by
way of donation, or any other gratuitous title, in order that it may be computed in the determination of the
legitime of each heir, and in the account of the partition.
In rel. to Art. 909. Donations given to children shall be charged to their legitime.
Donations made to strangers shall be charged to that part of the estate of which the testator could have
disposed by his last will.
Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to
the rules established by this Code.
Formula:
Gross Estate
-charges, debts
Net Estate
+ collationable donation, if there is any
Net distributable estate
Collationable donation – any donations or gratuitious title(called advance legitimes) received by compulsory 13
heirs inter vivos must be brought to the estate for the determination of the legitimes
Donation inter vivos – during lifetime of the donor, effective during lifetime as soon as the contract is
perfected as compared to mortis causa which is effective only upon death
Forms: Art. 748 – 749 (if not followed – void)
Art. 748. The donation of a movable may be made orally or in writing.
An oral donation requires the simultaneous delivery of the thing or of the document representing the right
donated.
If the value of the personal property donated exceeds five thousand pesos, the donation and the
acceptance shall be made in writing, otherwise, the donation shall be void. (632a)
Art. 749. In order that the donation of an immovable may be valid, it must be made in a public document,
specifying therein the property donated and the value of the charges which the donee must satisfy.
The acceptance may be made in the same deed of donation or in a separate public document, but it shall
not take effect unless it is done during the lifetime of the donor.
If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic
form, and this step shall be noted in both instruments.
Personal property – verbal acceptance but if exceeding 5k, acceptance must be in writing
Immovable property – public instrument
Other gratuitous title – these are those other than donation
Example: the father provided for the materials and labor for the repair of one of the heirs house. Such
cost is collationable. This is indirect donation.
Other examples: condonation of an heir’s debt, purchase of a land and registering with the name of
an heir – these are collationable
2. Art. 1065
Art. 1065. Parents are not obliged to bring to collation in the inheritance of their ascendants any
property which may have been donated by the latter to their children.
A (donor)
3. Art. 1066
Art. 1066. Neither shall donations to the spouse of the child be brought to collation; but if they have
been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-half
of the thing donated.
Donated property – P 2M
A (donor)
D W –wife (donee) 14
GR: P 2M property should not be collated. Same reason as Art. 1065, D is not the recipient.
EXC: if the property was donated JOINTLY, it was donated to both spouses. D shall bring to collation one-
half of the thing donated. Here, only P 1M shall be collated.
4. Art. 1067
Art. 1067. Expenses for support, education, medical attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or customary gifts are not subject to collation.
Support – expenses for sustenance, clothing, etc.
5. Art. 1068
Art. 1068. Expenses incurred by the parents in giving their children a professional, vocational or other
career shall not be brought to collation unless the parents so provide, or unless they impair the
legitime; but when their collation is required, the sum which the child would have spent if he had lived
in the house and company of his parents shall be deducted therefrom.
this is legal obligation of the parents, part of support, transportation – going to school and back
//DONN
ARTICLE 1073. The donee's share of the estate shall be reduced by an amount equal to that already received by
him; and his co-heirs shall receive an equivalent, as much as possible, in property of the same nature, class and
quality.
A died intestate, survived by his legitimate children X, Y, and W. The net value of his estate is Php70,000. During his
lifetime he made the following donations: W – 20,000, F (stranger) – 30,000. Distribute.
Solution:
GrossLegitime
Estate – 60,000 70,000 Free Disposable Portion
– Charges
X – 20,000 – 0 60,000
N Net
Y – 20,000Estate 70,000 – 30,000 (donation to F)
+ Collationable
W Donations
– (20,000) (received inter +vivos) 20,000 30,000
30,000 ÷ 3
Net Distributable Estate 120,000 10,000
Distribution:
LEGITIME FDP
X – 20,000 + 10,000 = 30,000
Y – 20,000 + 10,000 = 30,000
Z– - + 10,000 = 10,000
70,000
All donations inter vivos are to be collated except when they fall under the exceptions we have enumerated.
Donation inter vivos given to the compulsory heir are charged to the legitime while donation to strangers are
charged to the free portion.
If A (testator) states in his will that the portion given intervivos to W shall not be collated, is the stipulation void?
No. The collation is based on the presumed will and if compared to the express will of the testator, the express will
shall prevail. Where the testator provides that the donation to W shall not be collated, it means that the 20,000
won’t be charged to the advanced legitime but instead charged to the free portion. 15
If the donation inter vivos exceeds the legitime, the excess are to be returned because the donations are
considered inofficious.
ARTICLE 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit, shall not be
reduced as inofficious except insofar as they may exceed one-tenth of the sum which is disposable by will.
Solution:
Legitime – 120,000
Distribution: A – 40,000
LEGITIME FDP B – 40,000
A – 40,000 + 36,000 = 76,000 C – (28,000) advance legitime
B – 40,000 + 36,000 = 76,000 12,000
C – 12,000 + 36,000 = 48,000
200,000
The 10% shall be charged from the FDP. The amount exceeding 10% of the sum which is disposable by will shall be
treated as advance legitime (40,000 – 12,000 = 28,000).
//RUTH
Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in
common by such heirs, subject to the payment of debts of the deceased.
(Some of the few facts are missing coz na late ug record gamay)
You can’t pinpoint your share of 1/5 because there is yet no division because it is still under co-ownership. The
aliquot part, or the ideal share, or the proportional share, or the physical share, or abstract share are used
interchangeably.
If this property is 1 hectare then it is 10,000 square meters and 1/5 of that is 2,000 square meters. If you will be
asked to pinpoint your 1/5 aliquot part of the share then you cannot pinpoint actually that 1/5 because it is still in
co-ownership and there is no partition.
Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among
those to whom it may belong. The thing itself may be divided, or its value.
Co-ownership is frowned by law that is why partition is the remedy. When we say partition it is not always physical
partition because there are instances when you can dispose the property and only the proceeds of the sale will be
subject to partition.
Upon the death of the father or mother or both of them then their children will inherit then such children will be
co-heirs and they are co-owners. In this case, co-ownership arises by reason of succession whether testate or
intestate. There are many ways that co-ownership may arise.
A co-owner will not be obliged to remain in the co-ownership and he can demand partition at any time.
Art. 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by
law.
Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever.
Article 904 states that legitime must be given free but it is SUBJECT TO A CONDITION. Because the restriction or
prohibition of the testator not to partition the property includes the legitime.
Art. 1083. Every co-heir has a right to demand the division of the estate unless the testator should have expressly
forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article
494. This power of the testator to prohibit division applies to the legitime.
Even though forbidden by the testator, the co-ownership terminates when any of the causes for which
partnership is dissolved takes place, or when the court finds for compelling reasons that division should be
ordered, upon petition of one of the co-heirs.
Article 1083 provides that legitime is indeed subject to a condition.
Art. 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into
lots, or assigning to each of the co-heirs things of the same nature, quality and kind.
Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-
heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided
they do so within the period of one month from the time they were notified in writing of the sale by the vendor.
Y 200,000
P 100, 000
A B C D E
This is the property owned in common by A,B,C,D and E. There is no partition yet and each heir has a 1/5 share.
Q: Is it legally permissible if one of the co-heir who is also the co-owner to dispose by way of sale of his hereditary
right?
ANS: YES! Even if the property is not partitioned yet. You only dispose of your hereditary right not the specific
property because you can’t pinpoint. You just have to describe your property and say my hereditary right to the
property above described equivalent to 1/5. You can’t specifically determine the metes and bounds of your share
there being no partition.
For legal redemption to apply, the following requisites must all be present:
That is why legal redemption is permitted in order to minimize the number of co-owners.
If a co-owner will decide to redeem he has to do it within the prescriptive period. Do that within 30 days from
notice in writing.
Q: Supposing that you had knowledge that it was sold by your co-heir. Will that alone be sufficient?
ANS: It’s not sufficient for it has to be within 30 days from the notice in writing. It is MANDATORY!
Q: Supposed P purchased it for 100,000 and later on P sold it to Y for 200,000. Which value is to be paid for the
purpose of redeeming the property?
ANS: only the 100,000. I this case, it is the fault of Y because una siya nipalit he should have known that it is subject
to the right of the other co-heirs. Hence, Y bought it at his own risk.
Do not ever think that after partition it could no longer be done. The only difference is that if the transfer of the
property by way of sale took place after the partition then we are not going to use article 1088 rather we are going
to use article 1620.
In Partition we have to hire a private surveyor to determine the metes and bounds. It is because in your title it is
only stated “more or less” and it’s not the accurate area.
Art. 1091. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to
him. 18
Art. 1092. After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and
the quality of, each property adjudicated.
Another effect is article 1092. Ig human ug partition nila B,C,D and E they have to warrant against eviction. All the
previous co-owners will have to warrant against eviction. Warrant the peaceful possession and enjoyment of the
property. You assure the co-owner that he will not be deprived of his possession and enjoyment.
Eviction is by virtue of final judgment based on a right existing prior to the partition, the co-owner is deprived
either totally or partially of the thing adjudicated to him. Notice of final judgment is this applicable here in
Succession? Not necessarily, it is enough that you are disturbed. Not necessarily to be evicted by somebody else
whom may have a rightful claim over the share adjudicated to you. So, kana lang ang pagdisturb nimo kay apil nana
siya. Notice of final judgment is not required in succession in cases of eviction. There is already eviction if you are
disturbed in your possession and enjoyment. And as to quality also you have to warrant against hidden defects with
respect to movables.
//Ching
Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the
co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled,
considering the value of the things at the time they were adjudicated.
There is a contract valued 10,000. You were given only 7,500 instead of 10,000, alkansi ka ug ¼. Can you
rescind?
No, because that is equivalent to ¼. It has to be more than ¼.
You own a room that is leased for 10,000 per month. Gipa abangan lang ug 7,000. Can you rescind the
contract of lease?
Yes, because the extent of lesion is more than ¼.
Sa ato pa class, kanang pag bahin-bahin bale wala rana kay alkansi man ko. There is a lesion, I have suffered, I
am one of the co-owne.
How much lesion must that co-owner suffer to warrant rescission?
Different with rescission of contract in general.
In Art. 1098, exactly ¼ is sufficient. In contracts, in general, it should be more than ¼.
You rescind the partition by reason of economic damage or prejudice of a co-owner.
The co-owner sustained financial damage of exactly ¼. Therefore, duha ra gyud ang buhaton:
1. Rescind the partition
2. Indemnify the co-owner of the amount of deficiency
- The other co-owners will contribute an amount in proportion to what they received (proportionate to
their interest).
If a co-owner received only 80,000 instead of 100,000, lesion is 20,000 or 1/5, can the co-owner rescind?
No. ¼ is the minimum.
Remedy: ask for damages from the other co-owners.
You may also ask for the deficiency from the other co-owners.
Art. 1103. The omission of one or more objects or securities of the inheritance shall not cause the rescission of
the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or 19
securities which have been omitted.
Is there such thing as preterition in partition?
Yes.
Pag binahinay na, wa na ka hatagi. It was intended for you to receive something but you were not given
anything.
If you are preterated, you can demand the equivalent value you are suppose to receive. You cannot annul or
rescind, unless if there is bad faith or fraud.
Supposing there is a person who is not an heir but was given your share, there is intrusion. A stranger to the
inheritance became an heir of a property he/she is not supposed to receive.
- Status: it is void with respect to that particular person.
There are suppose to be only 5 heirs but it became 6 because naay lain ni apil, si X. That partition is void
with respect to X only. You cannot entirely nullify the partition.
Art. 924. All things and rights which are within the commerce of man may be bequeathed or devised.
Object of a legacy or devise (Art. 924)
o Legacy- personal property
o Devise- immovable property
Art. 925. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and
devisees.
The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by
them. The compulsory heirs shall not be liable for the charge beyond the amount of the free portion given them.
Persons charged to give the legacy or devise:
1. Any person charged by the testator
- May be the compulsory heirs, may be the legatee or the devisee.
- Persons who may have interest over the property may be the object of the testator’s charge.
Example, walay gisugo ang testator. Walay gsugo na compulsory heir, voluntary heir, legatee or devisee. Ni
ingnon lang siya “to give a legacy to Juan dela Cruz in the amount of P50,000. Nobody is charged.”
If nobody is charged, the estate will give it through the executor or administrator.
2. The estate
- Executor: person appointed by the testator in his last will and testament.
- Administrator: if there is no executor appointed. The court will appoint an administrator.
You were given 1M legacy but you were charged by the testator to give 400,000 in favor of Juan dela Cruz.
1M is the legacy while the 400,000 is the sub-legacy.
Art. 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or
destruction of a thing devised or bequeathed, even though only one of them should have been negligent.
You are in possession of the thing. Gi-tagaan ka tnuod pero pa taga-on ka ug auto niya unya gawas sa
inyong ka kiat, naguba.
There were siblings who took possession of the thing, a car, to be given to a legatee. Gi-dala nila ang auto
pag pamista nila unya na disgrasya nuon. Ang nag-kiat ang ga drive ra, ang usa natulog.
The heirs who took possession of the property object of a legacy will be solidarily liable.
Art. 911.
Order of payment of the net hereditary estate:
1. Legitimes
2. Donations inter vivos
3. Preferred legacies and devises
4. All other legacies and devises pro rata
Art. 950. If the estate should not be sufficient to cover all the legacies and devises, their payment shall be made 20
in the following order:
(1) Remuneratory legacies and devises;
(2) Legacies and devises declared by the testator to be preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a part of the estate;
(6) All others, pro rata.
//Eunice
Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed
that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he
made the will, afterwards becomes his, by whatever title, the disposition shall take effect.
Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a
legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the
same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an
excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing.
It cantNovabos/
Bautista/ Lesigues/ be acquired (price is
Oclarit/ Po/ VALID
Rosas/ Salvador/ Tantuan / Verana
exorbitant) (give just value)
Succession Transcription – Atty. Mayol
21
Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the
legatee or devisee shall be ineffective, even though another person may have some interest therein.
If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise
shall be valid to that extent. (866a)
Art. 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the
legacy or devise shall be without effect, even though it may have subsequently alienated by him.
If the legatee or devisee acquires it gratuitously after such time, he can claim 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.
(878a)
Things owned
by another
LEE/DEE can ask for
Already owned by LEE or through Onerous title reimbursement from
DEE at the time of making the estate
the will but alienated the
same to somebody else
and reacquired it: (Art.
933) through Gratuitous title can claim nothing
//Reeld, Zeny