JILL BAGAOISAN 2018
SUCCESSION
A. General Provisions
1. Definition – Succession is a mode of acquisition by virtue of which property, rights
and obligations, to the extent of the value of the inheritance of a person, are
transmitted through his death to another or others, either by his will or by operation
of law. [Art 774, NCC)
2. Elements:
a) Death of the decedent
• 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 testator [Art 775, NCC]
• Death triggers succession [Art 777, NCC]. There is an automatic transmission
of the inheritance to the heirs as of the time of the decedent’s death. From the
moment of death, the heirs become co-owners of the inheritance. Exception:
Property acquired after the making of a will shall not pass to the heirs unless
it should expressly appear in the will that such was the intention of the
testator. [Art. 793, NCC]
• Death may be actual or presumed
• Presumed death: [Art 390, NCC)
- Absence of 7 years, it being unknown if the absentee still lives
- Absence of 5 years if he disappeared after the age of 75 years
- Absence of 4 years if he was on board a vessel lost during a sea voyage or
an airplane which is missing, in the armed forces and took part in a war, or
he has been in danger of death under other circumstances and his existence
is unknown
b) Inheritance (Objective element)
• Includes all properties, rights and obligations of a person, which are not
extinguished by the death of the decedent. [Art 776, NCC)
• It also includes property, rights and obligations accruing since the opening of
the succession. [781, NCC)
• Rights and obligations arising from a contract are generally transmissible.
except where:
- Such rights are purely personal (examples: the right to hold public office,
rights arising from certain relationships such as the rights of a usufructuary
[Art 603, NCC], rights arising from civil personality and family relations)
- Such rights are, by their very nature, intransmissible
- Such transmission is prohibited by law [Art 1311, NCC]
• The law limits the liability of the heirs for the debts of the decedent to the
value of the inheritance [Art 774 and 1311, NCC]
c) Successors (Subjective element)
• Heirs
- Voluntary Heirs – instituted by the testator in his will, to succeed to the
inheritance or the portion thereof of which the testator can freely dispose
- Compulsory or Forced Heirs – succeed by force of law to some portion of
the inheritance, in an amount predetermined by law (legitime)
- Legal or Intestate Heirs – succeed to the estate of the decedent who dies
without a valid will
• Devisees – persons to whom gifts of real properties specifically identified by
the testator are given by will.
• Legatees – persons to whom gifts of personal properties specifically identified
by the testator are given by will.
Importance of the Distinction:
- Preterition annuls the institution of heirs, but the legacies and devises which
are not otherwise officious remain valid [Art 854, NCC]
- An invalid disinheritance results in the annulment of the institution of heirs
insofar as it prejudices the invalidly disinherited heir, but the devises and
legacies shall be valid to the extent they do not impair the legitime [Art 918,
NCC]
3. Kinds of Succession
a) Testamentary Succession – the decedent left a valid will [Art 779, NCC]
b) Legal or Intestate Succession – the decedent did not leave a valid will and the
succession is by operation of law
JILL BAGAOISAN 2018

c) Mixed Succession – the decedent left a will but it covers only a part of the • Portions which the heirs leave in general to
inheritance (partly by will, partly by operation of law) [Art 780, NCC] are to take, when referred specified classes or causes
to by name • Designation of persons,
B. Testamentary Succession • Whether or not the institutions or
testamentary dispositions establishments to which
1. Wills is to be operative such property or sums are
• A will is an act whereby a person is permitted, with the formalities prescribed by • The property or amount to to be given or applied
law, to control to a certain degree the disposition of his estate, to take effect after be given
his death [Art 783, NCC] • The class or cause that
will benefit from the
1.A Kinds of Wills disposition
a) Notarial or Ordinary Wills
b) Holographic Wills • Statutory right – The right to dispose of property by will is not natural but
statutory, and statutory requirements should be satisfied. [Gil v. Murciano, 88
• Mutual wills are prohibited under Art 819, Requisites: Phil 269 (1951)]
- A single testamentary instrument • Formal act – the testator is required to comply with the form prescribed by law
- Which contains the wills of two or more persons [Art 783, NCC]
- Jointly executed by them • Free and intelligent act
- Either for their reciprocal benefit or for the benefit of a third person • Ambulatory or revocable – A testator may revoke his will at any time before his
death, and any waiver or restriction of this right is void [Art 828, NCC]
• Reciprocal wills, where testators name each other as beneficiaries in their own • Individual act – two or more persons cannot make a will jointly or in the same
wills under similar testamentary plans are valid instrument, either for their reciprocal benefit or for the benefit of a third person
[Art 818, NCC]
1.B Characteristics of Wills • Mortis Causa – Effective upon the death of the testator
• Unilateral – It is an act of the testator only • Dispositive – Disposes of the testator’s property
• Strictly personal act – It cannot be left in whole or in part to the discretion of a • A will disinheriting a compulsory heir is still dispositive since it has the
third person or accomplished through the instrumentality of an agent or attorney effect of disposing the legitime of the disinherited heir in favor of the other
[Art 784, NCC] heirs (indirect adjudication of property to the qualified heirs)
• Except: If the only provision in the will relates to the recognition of an
Matters that CANNOT be left to the Matters that CAN be left to the illegitimate child, it is NOT a will because the document does not dispose
discretion of third persons [Art 785- discretion of third persons [Art 786] property (non-dispositive wills)
787, NCC]
• Duration or efficacy of • Manner of distribution of 1.C Interpretation of Wills
the designation of heirs, specific property or sums • Main principle: The intent of the testator is given paramount consideration and
devisees or legatees of money that he may testacy is preferred over intestacy.
JILL BAGAOISAN 2018

• If
  the
  testamentary
  disposition
  admits
  of
  different
  interpretations,
  in
  • Law of domicile [Art 815,
case
  of
  doubt,
  that
  interpretation
  by
  which
  the
  disposition
  is
  to
  be
  NCC]
operative
 shall
 be
 preferred.
 [Art.
 788]
 
  • Law of the place of execution
• The
 words
 of
 a
 will
 are
 to
 receive
 an
 interpretation,
 which
 will
 give
 to
  [Art 17, NCC]
every
  expression
  some
  effect,
  rather
 than
 one
 which
 will
 render
 any
 of
  Foreign National • Law of the foreigner’s country
the
  expressions
  inoperative
  and
  of
  two
  modes
  of
  interpreting
  a
  will,
  • Philippine law [Art 816, NCC]
that
 is
 to
 be
 preferred
 which
 will
 prevent
 intestacy.
 [Art.
 791]
  • Law of domicile [Art 816,
NCC]
• Kinds of Ambiguities: • Law of actual residence [Art
• Latent or intrinsic: the uncertainty does not appear on the face of the will 816, NCC]
(example: imperfect description of properties) • Law of the place of execution
• Patent or extrinsic: the uncertainty arises upon the face of the will [Art 17, NCC]
• In resolving the ambiguity (whether it be latent or patent), the context of the will
or extrinsic evidence can be resorted to. However, extrinsic evidence cannot Law Governing the Intrinsic Validity of Wills
include oral declarations of the testator. Governing Law
Filipino Citizen • Philippine law in force at the
• Other rules: time of death [Art 16 & Art
• The words of a will are to be taken in their ordinary and grammatical sense, 795, NCC]
unless there is a clear intention to use them in another sense [Art 790, NCC] Foreign National • Law of the foreigner’s country
• Technical words are to be taken in their technical sense unless there is a [Art 16, NCC]
contrary intention or when the will was solely drawn by the testator and he
was unacquainted with such technical sense [Art 790, NCC] 1.E Testamentary Capacity and Intent
• The invalidity of one of several dispositions contained in a will does not • Capacity to make a will is determine as of the time of making thereof [Art 798]
result in the invalidity of the other dispositions, unless it is to be presumed Supervening capacity does not invalidate an effective will nor is the will of an
that the testator would not have made such other dispositions if the first incapable validated by the supervening capacity [Art 801, NCC]
invalid disposition had not been made [Art 792, NCC] • Elements of Testamentary Capacity [Art 796-798, NCC]
• Every devise or legacy shall convey all the interest which the testator could • The testator is a natural person
devise or bequeath in the property disposed of, unless it clearly appears from • The testator is at least 18 years of age at the time of the execution of the
the will that he intended to convey a less interest [Art 794, NCC] will
• The testator must be of sound mind at the time of the execution of the will
1.D Governing Laws o Soundness of mind means the ability to know at the time of making
of the will:
Law Governing the Formalities of Wills ü The nature of the estate to be disposed of
Governing Law ü The proper objects of his bounty, and
Filipino Citizen • Philippine law or ü The character of the testamentary act [Art 799, NCC]
JILL BAGAOISAN 2018
o Soundness of mind does not mean that the testator is in full
possession of all his reasoning faculties or that the testator’s mind is
wholly unbroken, unimpaired, or unshattered by disease, injury or
other causes
o Presumption [Art 800, NCC]: It is presumed that the testator is of
sound mind UNLESS:
ü One month or less before making his will, the testator was
publicly known to be insane or
ü The testator is under guardianship
• The testator is not expressly prohibited by law from making a will
• A married woman retains the power to dispose by will both her paraphernal
properties and her share of the absolute community or conjugal property [Art
802-803, NCC]
1.D Form of Wills (Extrinsic Validity of Wills)
• The will is void if the formalities of wills are not complied with
• Formalities common to both notarial and holographic wills:
• Must be in writing
• Must be executed in a language known to the testator
• Additional special formalities for notarial wills: [Art 805-806, NCC]
• Subscribed: Subscribed at the end thereof by the testator himself or by the
testator’s name written by some other person in his presence and by his
express direction, in the presence of witnesses
o Subscription is a mechanical act and is done for the purpose of
identification
• Attested and subscribed by witnesses: Attested and subscribed by three or
more credible witnesses in the presence of the testator and of one another
o Attestation is a mental act, an act of the senses, and is used as proof
of the authenticity and due execution of the will in the probate
proceedings
• Testator must sign each page: The testator or the person requested by him
to write his name shall sign the will on each and every page thereof, except
the last, on the left margin, in the presence of witnesses
• Witnesses must sign each page: The instrumental witnesses of the will
shall sign it on each and every page thereof, except the last, on the left
margin, in the presence of the other witnesses and of the testator
• Page numbering: All the pages shall be numbered correlatively in letters
placed on the upper part of each page
• It must contain an attestation clause
• Notarization: The will must be acknowledged before a notary public by the
testator and the witnesses. The notary public cannot be one of the witnesses.
[Cruz v. Villasor, 54 SCRA 31 (1973)]
• The attestation clause must:
• State the number of pages used upon which the will is written
• State the fact that the testator signed the will and every page thereof or
caused some other person to write his name, under his express direction, in
the presence of the instrumental witnesses
• State that the instrumental witnesses witnessed and signed the will and all its
pages in the presence of the testator and of one another, and
• Be signed by the witnesses at the bottom thereof
• The attestation clause need not be in the language known to the witnesses. If it is
not in a language known to the witnesses, it shall be interpreted to them. [Art
806, NCC]
• Test of Presence: The true test of presence of the testator and the witnesses in
the execution of a will is not whether they actually saw each other sign , but
whether they might have seen each other sign, had they chosen to do so,
considering their mental and physical condition and position with relation to each
other at the moment of inscription of each signature. [Nera v. Rimando, 18 Phil
451 (1911)]
• Substantial Compliance Rule / Doctrine of Liberal Interpretation: The
defencts and imperfections in the form or language of the attestation clause will
not cause the nullity of the will, if it is proved that the will was in fact executed
and attested in substantial compliance with Art 805. Requisites [Art 809, NCC]:
• Applied only to defects and imperfections in the form or language of the
attestation clause (Rationale: Disallowance of the probate of the will for
causes not attributable to the testator is unjust)
JILL BAGAOISAN 2018
• There must be no bad faith, forgery or fraud, or undue and improper
pressure and influence
• Additional rules for handicapped testators
• Deaf mutes [Art 807, NCC]
o The testator must personally read the will
o The testator shall personally designate to persons to read the
contents of the will and communicate it to him in some practicable
manner
• Blind [Art 807, NCC]
o The will shall be read to the testator twice – by one of the
subscribing witnesses AND the notary public
• Qualifications of witnesses (which are not continuing requirements):
• At least 18 years of age
• Of sound mind
• Able to read and write
• Not blind, deaf or dumb
• Domiciled in the Philippines
• Not have been convicted of falsification of a document, perjury, or false
testimony
• Rules on interested witnesses [Art 823, NCC]:
• General Rule: Devises or legacies in favor of a spouse, parent, or child who
also attests to the will as a witness shall be void.
• Exception: If there are three other competent witnesses, the device or legacy
shall be valid and the interested witness shall be treated as a mere surplusage
• Creditors are not incompetent to be witnesses [Art 824, NCC]
• Additional special formal requirements for holographic wills
• It must be entirely written, dated and signed by the hand of the testator [Art
810, NCC]
o The dispositions of the testator written below his signature must be
dated and signed by him in order to make them valid as
testamentary dispositions [Art 812, NCC]
o When a number of dispositions appearing in a holographic will are
signed without being dated, and the last disposition has a signature
and a date, such date validates the dispositions preceding it,
whatever be the time of prior dispositions [Art 813, NCC]
• In case of any insertion, cancellation, erasure or alteration in a holographic will,
the testator must authenticate the same by his full signature [Art 814, NCC]. If
this is not complied with, the corrections, insertions and alterations, not the will
itself, are invalid [Kalaw v. Relova, 132 SCRA 237 (1984)]
• Witnesses in case of probate of holographic wills [Art 811, NCC]
• If uncontested: at least 1 witness who knows the handwriting and signature
of the testator
• If contested: at least 3 of such credible witnesses
• In both cases, an expert witness may be called if not witness is available
1.E Codicil and Incorporation by Reference
• Codicil – A supplement or addition to a will, made after the execution of a will
and annexed to be taken as a part thereof, by which any disposition made in the
original will is explained, added to, or altered [Art 825, NCC]. To be effective, it
must be executed as in the case of a will. Its execution has the effect of
republishing the will as modified.
• Incorporation by reference – What may be incorporated by reference are only
those documents such as inventories, books of accounts, and other similar
documents. This must not include testamentary dispositions. Requisites for a
valid incorporation by reference [Art 827, NCC]:
- The document or paper referred t in the will must be in existence at the time
of execution of the will
- The will must clearly describe and identify the document, stating among
other things the number of pages thereof
- It must be identified by clear and satisfactory proof as the document or
paper referred to in the will
- It must be singed by the testator and the witnesses on each and every page,
except in case of voluminous books of account or inventories
1.F Revocation of Wills and Testamentary Dispositions
• A will may be revoked by the testator at any time before his death. [Art 830,
NCC]
JILL BAGAOISAN 2018

• The act contemplating revocation must be done at any time before the death of The testator must provide that the revocation is valid only if the revoking will is
the testator. The right of revocation cannot be waived or restricted. [Art 828, valid.
NCC]
• The recognition of an illegitimate child in the will remains effective despite the 1.G Republication and Revival of Wills
revocation of the will. [Art 834, NCC]
Republication Revival
• Governing law on revocation: • Takes place by an act of the testator • Takes place by operation of law
- If the revocation takes place in the Philippines, whether the testator is - with respect to a will void as (requires no action on the part of the
domiciled in the Philippines or some other country, it must be in accordance to its form, the testator must testator)
with Philippine laws reproduce the dispositions in • Requisites:
- If the revocation takes place outside the Philippines by a testator who is the void will in a subsequent - The testator executed a first
domiciled in the Philippines, it must be in accordance with Philippine laws will to make it operative formally valid will
- If the revocation takes place outside of the Philippines by a testator who is - with respect to a revoked will - The testator executed a second
NOT domiciled in the Philippines, it must be in accordance with the law of (express revocation), the formally valid will whose
the place of revocation or the law of the place where the testator is testator must execute a provisions are irreconcilably
domiciled at the time of the revocation subsequent will or codicil inconsistent with those of the
referring to the previous will first will (implied revocation)
• Modes of Revocation [Art 830, NCC] - The testator revokes the
- By operation of law second will
- By some will, codicil, or other writing, executed as provided in case of wills
o This may either be express or implied • Principle of Instanter – The revoking clause in the 2nd will is not testamentary in
o There is implied revocation if a subsequent will does not revoke the character but operates to revoke the prior will immediately upon the execution of
will in an express manner but there are inconsistent provisions [Art the will containing it. The revocation of the subsequent will would not revive the
831, NCC] prior will [Art 837, NCC]
- By physical destruction of the will by the testator himself or by some other
person in his presence and by his express direction 1.H Allowance and Disallowance of Wills
o The will is revoked if it is burned, torn, cancelled, obliterated or • No will shall pass either real or personal property unless it is proved and allowed
otherwise physically destroyed in accordance with the Rules of Court [Art 838, NCC]
o There must be an overt act of destruction coupled with animus • Probate proceeding – a proceeding in rem that is required to establish the validity
revocandi (intent to revoke) on the part of the testator of a will. Subject
  to
  the
  right
  of
  appeal,
  the
  allowance
  of
  the
  will,
  either
 
during
  the
  lifetime
  of
  the
  testator
  or
  after
  his
  death,
  shall
 be
 conclusive
 as
 to
 
• General Rule – Doctrine of Absolute Revocation: If the subsequent or new will due
 execution.
 [Art.
 838,
 NCC]
becomes inoperative by reason of incapacity of the heirs, devisees, legatees or by • The testator himself, may during his lifetime petition the court having jurisdiction
reason of renunciation, the revocation remains effective. for the allowance of his will [Art 838, NCC]
• Exception – Doctrine of Dependent Revocation: Under this doctrine, the • Matters to be proved in probate proceedings:
revocation itself is subject to the condition that the new will remains operative.
JILL BAGAOISAN 2018
- Capacity: The testator was of sound and disposing mind at the time he
executed the will
- Voluntariness: The testator was not acting under duress, menace, fraud or
undue influence
- Due Execution: Formal requisites have been complied with
- Genuineness: The will is the last will and testament of the decedent, and not
a forgery
• Grounds for disallowance of a will
- The formalities required by law have not been complied with
- The testator was insane or otherwise incapable of making a will at the time
of its execution
- The will was executed through force or under duress, or the influence of fear
or threats [Art 839, NCC]
- The testator acted by mistake or did not intend for the instrument to be his
will at the time he affixed his signature thereto
- The testator’s signature was procured by fraud
- There was undue and improper pressure and influence on the part of the
beneficiary or of some other person
2. Institution of Heirs
• Institution of heirs is an act by virtue of which a testator designates in his will the
person or persons who are to succeed him in his property and transmissible rights
and obligations [Art 840, NCC]
• A will is valid even when it does not contain an institution of an heir or such
institution does not comprise the entire estate or when the person so instituted
does not accept the inheritance or is incapacitated to succeed [Art 841, NCC]
• How heirs are identified: It is enough that the identity of the specific heirs are
indicated in such a way that there is no doubt as to who is being instituted
- Every disposition in favor of an unknown person shall be void, unless by
some event or circumstance his identity becomes certain. However, a
disposition in favor of a definite class or group of persons shall be valid.
[Art 845, NCC]
2.A Suspensive Condition or Term
• If the heir be instituted under a suspensive condition or term, the estate shall be
placed under administration until the condition is fulfilled or until it becomes
certain that it cannot be fulfilled, or until the arrival of the term [Art 880, NCC]
• A disposition with a suspensive term does not prevent the instituted heir from
acquiring his rights and transmitting them to his heirs even before the arrival of
the term [Art 878, NCC]
2.B Extent of Grant
• No compulsory heirs – the entire estate or any part of it in [Art 842, NCC]
• Has compulsory heirs – only the free portion of the estate (entire estate less
legitimes) [Art 842, NCC]
- If the intention of the testator is for the instituted heirs to become the sole
heirs:
o Designated portion is more than the free portion – proportional
deduction
o Designated portion is less than the free portion – proportional increase
[Art 852, NCC]
2.C Manner of Distribution
• Presumption of Equality of Shares – Heirs instituted without designation of
shares shall inherit in equal parts [Art 846, NCC]
• If the testator should institute his brothers and sisters, and he has some of full
blood and others of half blood, the inheritance shall be distributed equally, unless
a different intention appears [Art 848, NCC] (Note that the rule is different for
intestate succession)
• Presumption of Individuality of Designation – If the institution pertains to
some heirs individually and to others collectively (I designate my heirs, A and B,
and the children of C) those collectively designated shall be considered as
individually designated unless it clearly appears that the intention of the testator
was otherwise [Art 847, NCC]
• Presumption of Simultaneous Institution – When the testator calls to the
succession a person and his children, they are all deemed to have been instituted
simultaneously and not successively [Art 849, NCC]
• False Cause: The statement of a false cause for the institution of an heir shall be
considered as not written, unless it appears from the will that the testator would
JILL BAGAOISAN 2018

not have made such institution if he had known the falsity of such cause [Art 850, 3. Substitution of Heirs
NCC] • Substitution is the appointment of another heir so that he may enter into the
• Requisites for the annulment of an institution based on a false cause [Austria v. inheritance in default of the heir originally instituted [Art 858, NCC]
Reyes, 31 SCRA 754 (1970)]: • The substitute shall be subject to the same charges and conditions imposed upon
- The cause for the institution must be stated in the will the instituted heir, unless the testator has expressly provided the contrary, or the
- The cause must be false charges or conditions are personally applicable only to the heir instituted [Art
- It must appear from the face of the will that the testator would not have 862, NCC]
made such institution if he had known the falsity of the cause • Kinds of Substitution
- Simple or Common
2.D Preterition - Brief or Compendious
o The preterition or omission of one, some, or all of the compulsory - Reciprocal
heirs in the direct line, whether living at the time of the execution of - Fideicommissary
the will or born after the death of the testator shall annul the
institution of heir; but the devises and legacies shall be valid insofar 3.A Simple / Common / Vulgar Substitution
as they are not inofficious [Art 854, NCC]. Requisites: o The testator may designate one or more persons to substitute the heir
- The heir omitted must be a compulsory heir in the direct line or heirs instituted in case any of the following alternative conditions
- The omission must be complete and total in character for vulgar substitution is present:
• If the omission is not total (the heir was only given part of his legitime), the - Heir predeceases the testator
proper remedy is the completion of legitime under Art 906 - Heir refuses to accept the inheritance
- The compulsory heir omitted must survive the testator - Heir is incapacitated to accept the inheritance

3.B Brief or Compendious [Art 860, NCC]

Preterition Disinheritance o Brief – Two or more persons were appointed by the testator to
o Annulment is effective o Expressly made substitute one heir (Example: A and B were designated as substitutes
upon the concurrence o Voluntarily made for C)
of the requisites o Only a particular heir o Compendious – On heir is appointed to substitute two or more heirs
o May be voluntary but deprived from his (Example: C was designated as substitute for A and B)
the law presumes that share. If the
the omission is disinheritance is 3.C Reciprocal
inadvertent invalid, the compulsory o Heirs instituted in unequal shares should be reciprocally substituted,
o The will is rendered heir will merely be the substitute shall acquire the share of the other heir in the event the
abrogated resulting in restored to his legitime. latter predeceases the testator, becomes incapacitated to succeed or
intestacy (if there are renounces the inheritance [Art 861, NCC]
no devises and o There may be only one substitute (Example: A was designated to
legacies) inherit a car. B was designated to inherit a parcel of land. Both are
reciprocal substitutes for each other. Should A predecease the
JILL BAGAOISAN 2018
testator, B inherits the car. Should B be incapacitated to succeed, A
inherits the parcel of land)
o There may be more than one substitute, in which case the substitutes
will have the same share in the substitution as the institution
(Example: A is entitled to ½, B to 1/3, and C to 1/6 of the estate. A
was appointed as substitute for B and C while B and C were
appointed as substitutes for A. Should A predecease the testator, B
will receive twice as much as C based on the proportion of their
shares in the institution)
3.D Fideicommissary
• Requisites:
- It must be expressly made
- There must be a first heir (Fiduciary) who is to take the property upon the
death of the testator
- There must be a second heir (Fideicommissary) who is one degree from the
first heir who will take the property after the specified period or upon the
death of the fiduciary
• The fideicommissary must be either a parent or a child of the fiduciary
- The fiduciary must preserve the property and transmit it after the lapse of
the period to the fideicommissary
- Both the fiduciary and the fideicommissary must be living and must be
qualified to be an heir at the time of the testator’s death
• The fideicommissary acquires a right to the succession from the time of the
testator’s death, even though he should die before the fiduciary. The right of the
fideicommissary shall pass to his heirs [Art 866, NCC]
4. Testamentary Dispositions
 
4.A Conditional Disposition
• Prohibited or Void Conditions
- Any charge, condition or substitution upon the legitimes [Art 872, NCC]
- Impossible conditions and those contrary to law or good customs [Art 873,
NCC]
- An absolute condition not to contract a first marriage [Art 874, NCC]
• A condition that the heir will contract marriage is valid
• A condition that the heir will contract marriage with a specific person is valid
- An absolute condition to contract a subsequent marriage unless such
condition was imposed on the widow or widower by the deceased spouse or
by the latter’s ascendants or descendants [Art 874, NCC]
- Disposition Captatoria or legacy-hunting dispositions – any disposition
made upon the condition that the heir shall make some provision in his will
in favor of the testator or of any other person [Art 875, NCC]
• Kinds of Conditions
- Potestative: depends exclusively on the will of the heir, devisee, or legatee
o The heir must fulfill it as soon as he learns of the testator’s death
o If already fulfilled at the time of the testator’s death, it must be
fulfilled again except if the condition is of such nature that it cannot be
fulfilled again
o If the potestative condition is negative (consists in not doing or not
giving something), the heir must post a security to ensure that he will
comply with the condition and that in case of contravention, he will
return whatever he received, together with its fruits and interests [Art
879, NCC]
- Causal: depends upon the will of a third person or by chance
- Mixed: depends upon the will of the heir, devisee, or legatee and partly upon
chance and/or the will of a third person
o The causal or mixed condition may be fulfilled either before or after
the testator’s death, unless the testator provides otherwise
o If already fulfilled at the time the will was executed it is deemed
fulfilled if the testator was NOT aware of the prior fulfillment. It must
be fulfilled again if the testator was aware of the prior fulfillment
except if the condition is of such nature that it cannot be fulfilled again
• Constructive compliance for potestative and mixed condition: The condition is
deemed to have been complied with if the person interested in the condition
should prevent its fulfillment without the fault of the heir [Art 883, NCC]
o This is not applicable to causal conditions
4.B Modal Institution (Institucion Sub Modo)
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• Modal institutions are dispositions with an obligation imposed upon the heir, 5.A  Kinds  of  Compulsory  Heirs  
without suspending the effectivity of the institution (functions similarly to a • Primary  
resolutory condition) - Legitimate   children   and/or   descendants   (including   legitimated   and  
• In a modal institution, the testator states the following: adopted  children)  
- The object of the institution - They  have  precedence  over  and  exclude  secondary  heirs  
- The application of the property left by the testator • Secondary  
- The charge imposed by him - Legitimate   parents   and/or   ascendants   succeed   only   in   default   of  
• Caucion Mauciana – A security given by the heir to secure compliance with the legitimate  children  and/or  descendants  
condition/term/mode and to guarantee the return of the value of the property, - Illegitimate   parents   succeed   only   in   the   absence   of   legitimate   or  
fruits, and interests, in case of contravention of the condition/term/mode. illegitimate  descendants  
Instances when this is required: • Concurring  
- When there is a suspensive term [Art 885, NCC] - Surviving  spouse  and  illegitimate  children  
- When there is a negative potestative condition [Art 879, NCC] o The   legitime   of   an   illegitimate   child   is   ½   of   the   legitime   of   a  
- When there is a mode [Art 882, NCC] legitimate  child  
- They   succeed   together   with   the   Primary   or   Secondary   Compulsory  
4.C Condition Not to Transfer Heirs  
• The testator may provide in the will that all or part of the estate that he disposed  
to the heirs cannot be alienated for 20 years. A provision in the will declaring all 5.B  Rules  of  Preference  and  Division  
or part of the estate inalienable for more than 20 years is void. [Art 870, NCC] Direct  Descending  Line:  
• Exception: Fideicommissary Substitution
• Rule  of  Preference  Between  Lines:    
- Those   in   the   direct   descending   line   shall   exclude   those   in   the   direct  
5. Legitime ascending  and  collateral  line  
• That  part  of  the  testator’s  property  which  he  cannot  dispose  of  because  the  
- Those    in  the  direct  ascending  line  shall  exclude  those  in  the  collateral  
law   has   reserved   it   for   certain   heirs   who   are,   therefore,   called   compulsory   line  
heirs  [Art  886,  NCC]   • Rule   of   Proximity:   The   relative   nearest   in   degree   excludes   the   farther   ones  
• To  determine  the  legitime,  the  value  of  the  property  left  at  the  death  of  the  
[Art  926,  NCC]  
testator  shall  be  considered,  deducting  all  debts  and  charges,  which  shall  not   • Right  of  representation  applies  
include  those  imposed  in  the  will  [Art  908,  NCC]        
o Net   Estate   =   Gross   estate     less  debts   and   charges   plus   Donations   Direct  Ascending  Line  
Inter  vivos  to  the  heirs  (collation)   • Rule  of  Proximity  applies  
• The   testator   may   forbid   the   partition   of   the   properties   included   in   the  
• Rule   of   Division   by   Line:   If   there   is   more   than   one   ascendant   of   equal   degree  
legitime  for  a  period  not  exceeding  20  years  [Art  1083,  NCC]   of  the  paternal  and  maternal  lines,  then  the  legitime  shall  be  divided  in  equal  
• If   the   testator   left   less   that   the   legitime,   the   heirs   may   demand   that   the   same  
parts  between  the  paternal  line  and  the  maternal  line  
be  fully  satisfied  [Art  906]   • Rule   of   Division   Within   the   Line:   After   dividing   the   legitime   between   the  
  lines,  the  respective  legitimes    shall  be  divided  equally  
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  Children  
5.C  Table  of  Legitimes   7.   One   Legitimate   Child,   • ½  -­‐  Legitimate  Child   • One   illegitimate   child  
[Aquino,  Reviewer  on  Civil  Law,  p286-­‐288  (2014)]   Illegitimate   Children,   • ¼  -­‐  Surviving  Spouse   will   receive   ½   of   the  
  Surviving  Spouse   • ¼  Illegitimate  Child   share   of   one   legitimate  
• General  Rule:  Legitime  =  ½  of  the  NE   child  
• NE  =  Net  Estate   8.   Legitimate   Children,   • ½   -­‐   Legitimate    
  Illegitimate   Children   and   Children  
Surviving  Heirs   Legitime   Sharing   Surviving  Spouse   • ½   of   the   share   of   a  
1. Legitimate   Child   or   • ½  of  the  NE   If   there   are   two   or   more   Legitimate   Child   –  
Children  ONLY   children,  the  legitime  shall   Illegitimate  Child  
be  divided  equally   • Equal  to  the  share  of  1  
2. Legitimate   Children   • ½   of   the   NE   –   • ½   of   the   NE   divided   Legitimate   Child   –  
and  Surviving  Spouse   Legitimate  Children   equally   among   the   Surviving  Spouse  
• Equal  to  the  legitime  of   children   9.   Legitimate   Parents   • ½      
each   child   –   Surviving   • The   share   of   the   alone  
Spouse   surviving   spouse   will   10.   Legitimate   Parents   • ½  -­‐  Legitimate  Parents    
be  taken  from  the  free   and  Illegitimate  Children   • ¼   -­‐   Illegitimate  
portion   Children  
3. One   Legitimate   Child   • ½   of   the   NE   –   The  surviving  spouse  may   11.     Legitimate   Parents,   • ½  -­‐  Legitimate  Parents    
and  Surviving  Spouse   legitimate  children   inherit   even   if   there   is   Illegitimate   Children   and   • ½   -­‐   Illegitimate  
• ¼   of   the   NE   –   legal   separation   if   he   or   Surviving  Spouse   Children  
Surviving  spouse   she  is  the  innocent  spouse  
• 1/8   –   Surviving  
4. Legitimate   Children   • ½   of   the   NE   –    
Spouse  
and   Illegitimate   Legitimate  Children  
12.   Surviving   Spouse   • ½   If   the   marriage   was  
Children   • ½   of   the   share   of   a   alone   solemnized   in   articulo  
legitimate   child   –   mortis,   and   the   testator  
Illegitimate  child   died   within   3   months  
5. Legitimate   Parents   • ½  -­‐  Legitimate  Parents   • The   share   of   the   from   the   time   of   the  
and  Surviving  Spouse     • ¼  -­‐  Surviving  Spouse   Surviving   Spouse   will   marriage,   the   legitime   of  
be  taken  from  the  free   the   Surviving   Spouse   shal  
portion   be   1/3   of   the   hereditary  
6. Surviving   Spouse   and   • 1/3   –   Surviving     estate   EXCEPT   if   they  
Illegitimate  Children   Spouse   have   been   living   together  
• 1/3   –   Illegitimate   for   more   than   5   years   in  
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which   case,   the   surviving   - When the testator expressly provides that the donation is not subject to
spouse   will   be   entitled   to   collation [Art 1062, NCC]
½  of  the  hereditary  estate.     - When the compulsory heir repudiates his inheritance [Art 1062, NCC]
13.   Illegitimate   Children   • 1/2   Divided  equally   Disinheritance
alone     Legacies and Devises
14.   Surviving   Spouse   and   • ¼  -­‐  Surviving  Spouse    
Illegitimate  Parents   • ¼   -­‐   Illegitimate   C. Legal or Intestate Succession
Parents  
1. Causes of Intestacy
15.   Illegitimate   Parents   • 1/2    
2. Order of Intestate Succession
alone  
3. Rules in Intestate Succession (Include tables of intestacy)
 
4. Repudiation
6.  Collation  
5. Right of Representation
• The act by virtue of which descendants or other compulsory heirs bring into the
common mass, the property which they received from the decedent during the D. Provisions Common to Testate and Intestate Succession
latter’s lifetime - through donation or gratuitous title. [Vizconde v. CA, 286
SCRA 217 (1998)]   1. Right of Accretion
• What is brought to collation is not the property donated itself but the value of such 2. Capacity to Succeed
property at the time it was donated. [Vizconde v. CA, 286 SCRA 217 (1998)] 3. Acceptance and Repudiation of Inheritance
• Purpose of Collation: To secure equality among compulsory heirs in so far as it is 4. Collation
possible, and to determine the free portion, after finding the legitime, so that 5. Partition and Distribution of Estate
inofficious donations may be reduced. [Arellano v. Pascual, GR No. 189776
(2010)]
• There can be no collation if there are no compulsory heirs.

6.A Operations Related to Collation

• Imputation – The value of the donations inter vivos or any transfer by gratuitous
title in favor of compulsory heirs shall be imputed against their legitimes [Art
1062, NCC]
• Reduction – If the donations and other gratuitous dispositions exceed the
disposable portion, they shall be reduced
• Restitution – Returning the excess to the hereditary estate

6.B Persons Required to Collate

• General rule – Compulsory heirs
• Exceptions: