What law governs:

Testamentary capacity- at the time of execution of the will

Extrinsic validity of will – at the time of execution
Heir
As to what they will inherit Ideal share
Applying effects of preterition Annul the institution of heirs in
its entirety, not affecting D & L
DEVISEE/LEGATEE
Specific property given
()must not impair legitimes
Only institution of voluntary
heirs is annuled

Will that does not dispose estate?

Funerals, wishes of deceased shall govern as to formalities Art 307 - Must be embodied in a last will and
testament
If will disposes estate-conduct of probate is mandatory Art 838
If it does not – probate unnecessary
What if disinheritance lang? probate required pa din kasi disposition of estate indirectly, in favor of other
heirs that will inherit the share of disinherited heir
Testator’s act in making will is personal
Xpn: designation to specified class or group
1. Decision as to what class shld be personal decision of testator
2. As to what property- decision ni testator pa din
But to details pwede iba
Mechanical act of drafting will- not personal act of making will

Revocation of will prior to T’s death?yes w/o any reason , cannot be limited, cannot be waived, kasi hndi
pa nmn effective prior to death, hence absolute right
Ante mortem will? Pwede pa irevoke kasi hindi pa effective
If donation of property effective upon death – an act mortis causa not inter vivos, it can be legacy or
devise, required to be in the form of will
(If confronted with donation problem, check when it will take effect)
Revocation of donation at will w/o any reason—disposition mortis causa yan, form of will dpat (so check
yun power to revoke if w/o any reason & during the lifetime mortis causa yan, otherwise inter vivos)

Power to make will is purely statutory

Entering contracts – civil liberty, source is not law, constitution simply guarantees, Civil code provides
limitation
Power to make will – purely statutory, we can be deprived, so congress can make a law that intestate na
lng ang succession

Will is solemn and fomal act

Holographic will – entirely written, dated and signed by T if not must comply with formalities required in
ordinary will
Nuncupative wills-wills dictated verbally nung mmmatay na –invalid
Written in Language and dialect known to the testator – only the will, not attestation and
acknowledgment only the testamentary provisions
Known only to the T not to the witnesses
If attestation clause written in language not known to witnesses- ok lng of explained to them
Written in Language and dialect known to the testator-need not be written at attestation clause, can be
proven by evidence aliunde

Insertion in the will, handwriting of someone else,:

1. If insertion after execution of will, w/ or w/o consent of T – disregard insertion, will not
effect validity of HW
2. If authenticated by T – part of the will, will invalidate the entire will
3. If contemporaneously with the execution of will- will is void
Signature – customary and habitual signature
Disposition after signature-Must be signed and dated, if not, additional disposition not effective but will
not affect other disposition previous to that if signed and dated
(Sa ordinary will, void ang will kasi reqd to be signed AT THE END)

Ordinary will
1. Subscribed and signed at the end by T
If not- void
End of will? After the last testamentary diposition, called “the logical end”
He may sign personally
He may sign thru another person
a. -fact that T had caused another person, pursuant to his express direction
b. -done in his presence and witnesses
c. -fact 1&2 must be recited in attestation clause, or else void, bec there are no
other proof to prove this, this is a mental act, evidence aliunde cannot prove this
fact
- Third person required to write T’s name, not his signature or attempt to copy signature of T
Signature of T – habitual and customary signature
Thumbprint-valid, if intended it to be his signature, burden of proof is on the oppositors of
probate to prove that it is not signature of T
X ! . – G.R not sufficient, XPN –prove that it is the habitual or customary signature of T

2. Attested and Subscribed by 3 witnesses

IF less than 3-void, mandatory ito
If 1 witness beneficiary of will – will that disqualify him to be W? No. will is still valid, only the
testamentary disposition in favor of him void
If there are other 3 qualified witnesses- valid sya
 If 1 W acted as notary public- acknowledgment yun violated

Subscription – to identify the pages of will, simply an act of signing the pages, to avoid
substitution of pages
Attestation- senses of the witnesses during execution of will, certification that reqts of law
complied with
If confronted with situation that end of will and attestation clause in the same page.
T’s signature reqd to appear at the end of testamentary disposition
W’s signature reqd at left hand margin and attestation clause
(if not at the attestation clause, only at left margin, void, bec will is not attested) Attestation is
different from subscription, an unsigned attestation clause is not an attestation clause at all.
(If Ws signed at attestation clause but not at left hand margin, valid, satisfies attestation and
subscription)
3. Signed at all pages of the will by T and 3 W –mandatory otherwise, void
If one of them forgot one page – void
End of page – T signs at the end of will, W at the left margin
On the left hand margin- directive only , pwede right margin purpose only is to identify pages

4. Sign in each others’ presence

Law does not required that they actually seen- so long as in the position to see by merely casting
his eyes had he chosen to do so considering that there is nothing blocking his view
If asleep- not satisfied

Recital of such at attestation clause

Signed At all pages:
If not- but can be examined by simply checking pages, proof of compliance supplied by
the instrument itself- law satisfied

Signed In each others presence:

If not- void, bec it cannot be proved by examining the instrument

5. Numbered in letters correlatively

Merely directory, can be in Arabic, alphabet, roman numerals but the pages must be numbered
correlatively

6. Attestation clause
Act of witnesses
What if T is speaking in the attestation clause- yes, if after all W signed, if it will become their act
if they signed it

Required to be recited in AC:

A. Number of pages- if not recited at AC, void
 But if stated at acknowledgment – yes, liberal interpretation, proof of compliance
supplied by instrument itself
B. Fact that T had caused another person to write his name pursuant to his express
direction in his presence and Ws
If not, void, no other proof eh
C. Fact that T and Ws signed all pages’
If not, yes, if examination of instrument blah blah
D. Signed in each others presence
If not, void, proof of compliance not supplied by instrument itself

7. Acknowledgment
Jurat-void, not an acknowledgment
Notary public is also one of the 3 W – void, he cannot split his personality, he cannot
acknowledge before himself
NP only has authority at the place of his commission- if outside, will is void
Fatal defect:
No notation of residence certificate
Expired RC
(apply yun rule ngaun na competent evidence of identity, if no notation, expired yun CEI
-void)

Codicil-if relates to the previous will

If it will make dsposition which is independent and unrelated to previous will-new will sya

Revocation of wills
A. By implication law
Legal separation- any testamentary provision in favor of the guilty spouse revoked by operation
of law
Art 41 marriage- if terminated by recording of affidavit of appearance, and M contracted in bad
faith, disqualified to inherit testamentary or intestate
B. By execution of subsequent instrument
Codicil or new will
-must comply with formalities reqd of last will and testament
Can be made expressly or impliedly
Express-Revocatory clause, to be valid, the revoking instrument must be vaild, if not RC is not
valid, there is no effective revocation “Doctrine of Dependent Relative Revocation”
Implied-when 2 instruments totally incompatible with each other
C. By destruction of instrument
Burning Tearing Cancelling Obliterating
Physical destruction:
1) T has Testamentary capacity
2) Intent to Revoke Animus Revocandi”
 If Unauthorized Destruction:
Will is still valid,
If ordinary will – RoC allows probate of loss or destroyed will, there are witnesses and Notary
public that can testify
If holographic – No W can testify as to its existence, xpn- Xerox copy, after all handwriting and
signature can be compared with other authentic handwriting and signature
3) Overt Act of Physical Destruction
T: Nephew pls go to library look for my table, open the drawer, look for envelop, bring that
envelop to me, I intend to destroy it.
Nephew saw will, saw his name as one of beneficiary, replaced the envelope with another paper,
and kept the will, T burned the envelop. Is there revocation? No.. Bec there is no overt act of
physical destruction even with intent to Revoke, overt act must be carried out

T burned his will, threw it at the garbage bin – completed act

Nephew saved the will without his authorization- complete pa din bec will will be destroyed had
it not with the intervention of another person, there is already an overt act.

Another person wil destroy: must be pursuant to T’s express direction and within his presence

Republication and Revival of Wills

Revival- reestablishment of force of will by operation of law without any act from T
Republication – reestablishment of force of will thru act of T

Legal separation- any testamentary provision in favor of the guilty spouse revoked by operation
of law – if meron na decree of reconciliation, it will set aside effects of decree of LS, the
testamentary disposition will automatically reestablished –eto yun revival

Will was revoked in express manner, Revoking instrument also revoke, is previous will revived?
No. T needs to republish previous will
Will was impliedly revoked thru subsequent instrument. Then the latter is revoked, previous will
is revived

Republish will in 2 ways:

1) Reproduction of the contents
2) Referring the will to be republished in a codicil
-what if will to be republished is void? Pwede by reference, pero if void bec formalities
not complied, T need to republish the will
- what if first will destroyed? By reproduction

Reference of documents in the will

If ordinary will, yes, if holographic , no, bec it must be written entirely by the hand of T
 1) Docs existing at the time of execution of will
2) Specifically described in the will
3) Docs also signed by T and 3 W, except in voluminous acct or records

Conduct of probate cannot be dispensed with the agreement of parties, it is dictated by public policy,
prescription and laches does not apply

Probate issues:

1. Extrinsic Validity
Such as,
1. WON instrument presented is the last will and testament
2. Testamentary capacity
3. Compliance with formalities
4. Genuineness and due execution
-decision of the court as to this issues is res judicata
Court may allow to pass upon intrinsic isses when:
1. .agreement of all heirs
2. Patently invalid Testamentary disposition
e.g will in favor of kerida
3. Practical consideration dictates otherwise probate proceedings would be a useless ceremony
e.g During probate, opposition was filed on the ground that ILC preterited
-It depends, If conduct of probate would become useless ceremon y
 If there are devises and legacies in the will, kasi need pa dn probate for such
 If no devisee and legatee, if institution of heirs lang meron sa will, preteriton
annuls the institution of heirs, hence probate would be useless, after all entire
estate will be distributed by intestate succession
4. Donation mortis causa styled will
-needs probate bec donation must be in the form of last will

if there is opposition that it is donation inter vivos

-intrinsic validity sya, pero kung practical consideration dictates that probate court shld pass
upon such issue otherwise probate proceedings would be a useless, pwede

Testamentary Capacity
-national law of the person whose succession is under consideration
-law at the time of the execution of will
-supervening incapacity will not affect validity of will
1. Sound mind
Knowledge of:
a) Nature of estate to be disposed
b) Proper objects of his bounty
c) Character of testamentary act
Case: old lady without an issue executed will in favor of nephew living with him
During probate other relatives opposed contending at the time of execution of the will the T
is forgetful “Ulyanin”. Is the T of unsound mind?
  Law presumes sound mind of T, it is incumbent upon oppositors to prove unsound mind
of T at the time of execution of will, Sound mind is knowledge of
 Nature of estate to be disposed
 Proper objects of his bounty
 Character of testamentary act
Mere forgetfulness not equivalent to unsound mind

Institution of Heirs

Basic limitation in power to dispose estate concept of legitime

In executing a will, T cannot affect the legtime, cannot execute any act that may affect
legitime except 2 acts:
1. Valid Disinheritance
2. Prohibit partition of estate for a period not exceeding 20yrs
 can be validly imposed on the legitime, not only in the FDP “free disposable portion”
 he cannot prohibit alienation of the property only PARTITION

Legitime

Part of estate w/c the law reserves in favor of compulsory heirs. T cannot deprive them
Except Valid disinheritance
1. grounds provided by law
2. must be proven

Primary heirs – excludes secondary

Secondary heirs – can only become primary in the absence of primary heirs
Concurring heirs – cannot be excluded by primary or secondary

So what to do first -> check status of decedent if L or IL

Legitimate decedent Illegitmate decendant

primary compulsary heirs Legitimate descendant ILC and LC

Secondary Legitimate ascendant Illegitmate ascendant if no

descendant of any kind

Illegitimate ascendants->
parents lang not
ILGrandparents
Concurring Surviving Spouse, Illegitmate SS ILC
Children
Rule on proximity: nearer exclude farther degree
Legitimate Testator Rules
a. Children muna, if alive, capacitated, not disinherited, all will accept. There is no
vacancy. Rule of Proxiimity will apply
If may vacancy->(PIDR)Predecease, Incapacity, Validly Disinherited, Repudiate
Right of Representation will now apply
Reason for vacancy ,must be PID only
What if Repudiation? Right of Representation cannot take place bec an heir who
repudiate cannot be represented. So what to do?
Substitution? No, T cannot impose substitution on legitime
Accretion? No, no accretion on legitime
Intestate Succession to the legal heirs of decedent? Yes, inherit in their own right

b. Grandchildren
Compulsory heirs in their own right? No, can inherit by representation
Why is this important? Representative only entitled for the share of the person
represented. PER STIRPES not PER CAPITA
If all children of T, PID? Per stirpes pa din, they inherit by representation
If all children of T, R their shares? Per capita na bec an heir who renounces share
cannot be represented, grand children are now compulsory heirs in their own
right
If one children of T, R? His share shall be distributed by way of intestate
succession

c. Surviving Spouse
If alone, ½
If alone, articulo mortis, decedent spouse at the point of death died w/in 3 mos
after the marriage, 1/3 xpn: ½ if they are cohabiting as H&W more than 5 yrs

If LCs + Surviving Spouse

LCs ½
SC = share of 1 LC

If one LC + SS
LC ½
SS ¼

If ILC + LC
ILC = ½ of share of LC
BUT satisfy share of LC first
ILC suffers reduction if estate insufficient for their shares

1M estate
1 LC= 500K
ILC=250k each
No DFP

1M estate
 1 LC = 500k
3 ILC = 500k/3 <- suffers reduction

LC+SS+ILC
LC ½
SS= share pf each LC <- SS’s legitime enjoys preference over ILC
ILC= ½ of legitime of each LC <-suffers reduction if FDP not sufficient

d. Legitimate Ascendants

Grandparents and Greatgrandparents buhay pa

Rule on proximity lang. An absolute rule bec no Rof Representation in the
ascending line, it only takes place in the direct descending line

Parents exclude other ascendants

Divided equally bet maternal and paternal
If buhay si nanay patay si tatay, di magrerepresent si lolo, share of tatay
mppunta kay nanay

Paternal line buhay si lolo, maternal line, buhay si lolo at lola

½ kay lolo P. ½ kay lola M at lolo P divide bet them

Ascendant cannot exclude SS

LA +SS
LA ½
SS ¼

Estate 1M
LA = 500m, 250k kay nanay 250k kay tatay
SS = 250k

LA + ILC
LA ½
ILC ¼

LA + SS + ILC
LA ½
ILC ¼
SS 1/8
DFP 1/8

Illegitimate Testator Rules

Can ILC inherit from ILG? Yes

Can ILG inherit from Ilg? No
 Ilparents compulsory heirs if absent LC and ILC

ILA+SS
ILA ¼
SS ¼
DFP ½

SS + ILC
SS 1/3
ILC 1/3
DFP 1/3

Preterition
1. There is a will
2. There are compulsory heirs in the direct line

Omitted means-> not mentioned, even if mentioned not given estate

Effect-> annulment of institution of heirs in its entirety not affecting legacies and devisees basta not
inofficious

#1: Compulsory heir in the direct line: ascending / descending

anak, apo, adopted child,illegitimate child,ascendants, concieved child even not yet born at the time of
execution of will

Surviving spouse not compulsory heir in the direct line ---invalid disinheritance lang

Husband was told by dr. He has several months to live, he did not know Wife already 3 mos pregnant, he
chose not to tell wife, husband made will, nothng mentioned of the conceived child, 4 th month of child,
hursband died, at 7th month child was born but died after 5days. Comes probate, wife alleges preterition
of her child, hence bros and sisters are not entitled to estate. Can the probate court pass upon issue of
preterition? Is child preterited?

Yes, practical consideration bec there are no legacies and devisees

Yes, Child is preterited, conceived child has civil personality for purposes favorable to it, cite rule on
intrauterine life of 7mos. 24 hrs blah blah

Hence everything will go to the mother

#2: total or complete omission

Did not get any during the lifetime or after death

Donation inter vivos – an advance legitime, chargeable to his final legitime

-if not sufficient to satisfy his legitme, entitled to receive complete legitime, demand completion of
legtime

-hence no preterition, annul institution of heirs not in its entirety lng but only to satisfy his share

#3: survive T

#4: omission not intentional

If not, invalid disinheritance bec it must be express in the will

Invalid disinheritance-affect only institution of heirs only as necessary to restore what is due to him

Reserva Troncal

a.k.a Reserva Lineal

3 lines of transmission

1. Origin -> propositus

Origin: ascendant/bro/sis
Thru: gratuitous title (inheritance/donation)
2. Propositus -> Reservista
Propositus died w/o an issue
Reservista: another ascendant of P other than O
Thru: succession by operation of law (what of by will? No reservista)
3. Reservista -> Reservatario
Reservatario: relative w/in 3rd civil degree of consanguinity
- Reservatario not reqd to be living at the time of death of decedent propositus
-Bsta he must be living at the time of death of reservista
Reservatario inherits from propositus not from reservista, bec reserva troncal is a case of
delayed succession
Thru: legal succession
Ownership of reservista subject to resolutory condition – reservatario must be living upon death
of reservista
If such condition not fulfilled, right of reservista over property becomes absolute, will form part
of his estate, go to reservistas’ heirs

During lifetime of reservista, interest of reservatario is only inchoate, a mere hope or expectancy,
hoping “mauna ka na, mamatay ka na reservista” hehe
During lifetime of reservista, reservatario cannot enter in a contract involving such property, kasi
future inheritance yun
During lifetime of reservista, on his part, he is the owner, subject to resolutory condition, can he
sell property? Yes he is the owner, buyer can only get what the transferor could validly transfer.
Buyer acquires property subject to reservable condition of property. Xpn-buyer in good faith w/o
knowledge of existence of reservable conditon, remedy: collect value of property with the estate
of reservista
Kung ikaw si reservatario how can you protect or preserve your inchoate interest to prevent such
event? Annotate reservable condition in the TCT “constructive notice” obligation of reservista
ito. If he refuse, reservatario may compel reservista.
If personal property? Demanding a guarantee from the reservista
Can reservista dispose the property mortis causa? Yes he is the owner, testamentary disposition
subjected to the same resolutory condition, if condition fulfilled, testemantary disposition
ineffective, property does not form part of his estate

Reservatario: relative w/in 3rd civil degree of consanguinity

Blood relative
Counting from the propositus
Coming from the same blood line where the property came from
GF – GM
Fson-M
GC
GF donated inter vivos in favor of GC
GF F and GC died
M inherited property
M died
Survivors:
GM, Maternal uncle
GM and MU not blood related to the origin
Resolutor condition not fulfilled
Forms part of estate of M
Heirs of M, not GM-in law kasi
MU pwede

Paternal Uncle? Yes reservatario sya

Blood relative

Propositus has bro, died, but he has nephews

Nephew? Yes reservatario din

2 reservatario? Paternal uncle and nephew

Rule of preference applies
Preference on group of bros sis nephew niece
They exclude other collateral blood relative art 1009
So only the nephew will inherit

P married D
4 children
Inherited respective properties
#2 child married to W = 1 child
#2 died, inherited by W and child
 W died, entire property inherited by child
Prior to death of child, uncles dead already but there are first cousins living
Child died, closest surviving relative is maternal aunt
Intestate succession, inherited by maternal aunt
First cousins of chld filed action against maternal aunt

Who is the propositus? The child

Reservista? Maternal aunt? No, she is not an ascendant, she is a collateral blood relative
Assuming she is an ascendant, are first cousins reservatario? No, they are not 3 rd degree relative
If they are, their interest is only inchoate bec maternal aunt is still alive. Boom!

Legitme DFP
1. Representation
1. Institution of heirs
2. Legacy/devisee
3. substitution
4. accretion
Vacancy Reasons PIDR 5. condition
Subsititution, accretion does not apply 6. mode/obligation
Only representation (PID)
Vacancy
and intestate sucession (R)
Representation does not apply
Substitution and accretion applies

Accretion thru:
1. express will of testator or
2. by operation of law, if there are
vacncies and there are co-heirs

Substitution preferred over accretion bec it is

the will of T
Substitution
-only if there is a will
-only the DFP
2kinds:
1. Fideicomissary
1st heir has obligation of preserving and transmitting property to 2 nd heir
When? When T express in his will to obligate 1 st heir to preserve and transmit to 2nd heir
Or when without expressly obligating but by simply calling the substitution as fideicommissary.
If fideicommsisary substitution not valid, 1st heir no obligation, substitution consider not
imposed but w/o affecting institution of 1st heir
When is FS valid?
1. substitution must not go beyond 1 degree counted from the 1 st heir
One degree means one generation
2. both 1st heir and 2nd heir must be living at the time of death of T
3. cannot be imposed upon legitime

1st heir inherits right of usufruct only, this is a fideicommisary. Naked ownership goes to 2 nd heir
upon death of 1st heir

can naked owner dispose property during lifetime of usufructuary? Yes but w/o affecting right of
usufructuary.
If 2nd heir dies ahead of 1st heir? Ok lng, he is a naked owner, it forms part of his estate, but heirs
are not yet entitled to enjoy the property as long as right of usufructuary exists
Can usufructuary sell property? No. He did not acquire ownership but only usufructuary
He can lease it, enjoy fruits, but he cannot mortgage, encumber
When to transmit? Upon termination of usufruct. Pwedeng lapse of period provided sa will, if no
period, upon the death of usufructuary

2. Simple substitution
1st heir inherits, only in the event of vacancy that 2 nd heir substitutes
Original heir no obligation to transmit and preserve in fvor of substitute
When substitution tkes place? Vacancy on the ground of PIR, but testator may provide ground in
his will. If he put incapacity only, yun lng

Accretion
-express in will pwede
T instituted 2 heirs, if any of them PIR share will go to the other
No accretion on legitime

Representation
1. Applies only to inheritance conferred by law / only a legal heir can be represented, a voluntary
heir, legatee or devisee cannot be represented
2. Reason for vacancy is PID/ an heir who renounces his share cannot be represented
3. Representation can only take place in the direct descending never in the ascending
in the collateral line, in the group of bros sis, nephews, nieces, not other collateral relatives (per
stirpes)
if nephews and nieces are the only survivors. They inherit in their own right(per capita)
4. Representative does not inherit from person he represents, but in the person whom the person
represented would have inherited

Lolo Died, Father died, Can you represent your father even if you repudiate your inheritance
from him (father)? Yes. Representative does not inherit from person he represents, but in the
person whom the person represented would have inherited

Same facts, but illegitimate. Illegimate father died, illegitimate lolo died. Illegitmate child can
inherit from his father but not from lolo, bec illegitimate children cannot inherit ab intestato
from other legitimate relatives of illegitmate parents

Same facts, but adopter father, adopted child and legitimate lolo, father died, lolo died, can
adopted child inherit from lolo? No. relationship of adoption bet adopter and adoptee only not
relatives of adopter

Same facts,legitimate lolo, illegitimate father, illegitimate child, can ILC represent ILfather? Yes
rights of ILC can be transmitted to descendants whether IL or L

5. Representative only get the share of the person he represents (per stirpes)

T instituted some heirs individually, others collectively. Those collectively instituted are deemed
instituted individually unless T intended otherwise.

T has 4 children ABCD, D died. T instituted A, B, C, and children of D. 1, 2 and 3 individually

instituted together with A, B, C divide estate into 6

T instituted bros and sis in his will, some full blood some halfblood.<- Equal share. But in
intestate succession if bros and sis some full some half blood, share of full blood double share of
half blood

T left properties in favor of his soul for prayers etc. Valid

T left properties for poor. Valid. T shld specify locality, if not, the poor residing at the domicile of
testator at the time of his death.

T has 4 LC A,B,C and D and E. 1 ILC E, W the SS, in his will e instituted ABCDE. Estate 1.2M, A
predeceased, no child. B predeceased with child 1 and 2. C Repudiated but with child 3

Legitime of LC = ½ = 600/3
A predecease and no child so divide legitime into 3, hence 200
Legitime
for BCD
A 0
B 200
1 =100+ 28.57k
2=100 + 28.57k FDP = 300
C 200 <-by intestacy BDWE
2x+2x+2x+x=200 A 60
7x =200 B 60
X = 28.57k C 60
D 200+ 57.14K D 60 +30 +30+30
E 100 + 28.57k E 60+30 + 30+30
W 200 + 57.14K
_________________
900
100k will go to 1 as compulsory heir by right of representation
100k will go to 2 as compulsory heir by right of representation
200k will go to D as compulsory heir in his own right
100k will go to E as compulsory heir in his own right
200k will go to W as compulsory heir in his own right
28k will go to 1 as legal heir by right of representation
28k will go to 2 as legal heir by right of representation
57k will go to D as legal heir in his own right
28k will go to E as legal heir in his own right
57k will go to W as legal heir in his own right

60k will go to D as voluntary heir in his own right

90k will go to D as voluntary heir by right of accretion
60k will go to E as voluntary heir in his own right
90k will go to E as voluntary heir by right of accretion

E will get share provided he doesn’t marry <invalid

E will get share provided he remarry <valid

Absolute prohibition for marriage < invalid

If with limitation to person time and place<valid
*condition is only imposable as to the FDP not legitime
Hence if E marries a prohibited person, he cannot get his share as voluntary heir, but only his
legitime

Reserva troncal
Survivors of propositus are LA and ILC,
Share of LA is reserva

Ferrer vs Diaz
Sps Diaz have daughter Commandante indebted to Atty Ferrer, who required Commandate to
execute mortgage on property owned by Sps Diaz who is still alive, and waiver of her
(Commandante)hereditary rights. Atty Ferrer want annotation of his adverse claim on the basis
of waiver of hereditary rights of Commandante.

Art 1347 Future inheritance cannot be made subject matter of contract

Ining vs Deca

Sps Leon have parcel of land, wife died without issue, but has 2 sisters, Rosana and Gabriela,
Rosana has a son Leonardo, Gabriela has 6 grandchildren, one of them was Teodora married to
Francisco. A long time ago, Francisco notified Leonardo that he is the exclusive owner of the
property. Today, Leonardo filed partition, Francisco said he is the owner bec he exhibited acts of
repudiation even long before partition case.
Francisco is not a co-owner, bec he is merely an in-law of Gabriela. Snce he is not a co-owner he
cannot repudiate co-ownership. He is not one of the heirs of Gabriela.

Intestate Succession
Some of rules:
 Order of Succession
 Preference among line
 Concurrence
 Equal Division
 Proximity
 Right of Representation

Order of Succession

In the direct line, whether ascending or descending excludes collateral relatives, but does not
exclude surviving spouse and illegitimate children (Rule on Concurrence)

Rule of Preferrence, direct descending line excludes ascending line

Rule of Proximity, Among the descendant, the nearer in degree excludes farther, unless the right
of representation is proper
Right of Representation proper only if there is vacancy due to PID
If R, an heir who renounces share cannot be represented, accretion shall take place
If all children, PID, gradnchildren inherit by right of representation (per stirpes)
If all children, R, no right of representation and accretion bec no heir, grandchildren inherit in
their own right (per capita)

LC+ SS = shares are equal regardless of number

LC + IC + SS = 2x + x + 2x

In intestate succession, Forget legitimes except in one situation > too many ILC tending to impair
legitime of LC
e.g
4LC , 2ILC
8x , 2x– no impairment
1M/10
LC = 200 each ILC =100each

2LC, 4ILC
4x, 4x– no impairment
1M/8
LC=250k each ILC= 125k each

2LC, 5ILC
4x, 5x– with impairment
Lc ½ of estate, LC= 250k each
Remaining 500k divide to 5, ILC = 100 each
 2LC, SS, 3ILC
4x, 2x, 3x- with impairment
Lc ½ of estate, LC= 250k each
SS = 250k
Remaining 250k/3 ILC= 83k each

On the part of ascendants, apply rule of proximity, representation cnnot take place, but
ascendant cannot exclude SS

LA ½ divide bet F and M,

if F dead, share will go to M, if F and M dead, ½ to paternal ½ to maternal side
SS ½

LA ½
ILC ½

LA 1/2
SS ¼
ILC ¼

ILC alone
Collateral line excluded

ILC cannot exclude SS

ILC ½
SS ½

ILC= only those who can establish their illegitimate filiation upon decedent’s death
1. Voluntary recognition of paternity, birth cert, or public or private instrument – can still prosper
After death of illigitmate father
2. Open and continuous possession of status as ILC, DNA test, and others – cannot prosper after
death, can be instituted only during lifetime of putative father

Birth cert not signed, but father participated in preparation. Competent proof of paternity, it is a
voluntary recognition of paternity.
e.g nanay is tulog, tatay is gising at the hospital, nurse came ask details for birth cert, tatay
supplied all info including the fact of his paternity. Birth cert is compentent proof if the nurse will
testify that the father is involved in the preparation of birth cert.

e.g info supplied by mother, not signed by father, but father registered the birth cert at civil
registry. This is participation also in the preparation of birth cert.

Any public or private instrument that contains statement of admission of paternity

e.g.
1. Agreement to provide support—if no admission of paternity, insufficient to prove paternity
2. Admission of paternity in the handwriting of father (diary) but w/o signature, father died,
mother want to register child with the man as his father, mother filed mandamus, introduced
 diary and testimonies of bros of deceased father—Art.176 voluntary recognition of paternity no
requirement of signature, but read 176 with 175 and 172. Instrument must be signed!

DEla Cruz vs Gracia, if private instrument of recognition of paternity in the handwriting of father
if not signed and is the only the proof, cannot establish filiation. But If such instrument is only an
additional proof, admission against interest.

In the case at bar, there is no dispute that the earlier quoted statements in
Dominiques Autobiography have been made and written by him. Taken together
with the other relevant facts extant herein that Dominique, during his lifetime, and
Jenie were living together as common-law spouses for several months in 2005 at
his parents house in Pulang-lupa, Dulumbayan, Teresa, Rizal; she was pregnant
when Dominique died on September 4, 2005; and about two months after his
death, Jenie gave birth to the child they sufficiently establish that the child of Jenie
is Dominiques.

In view of the pronouncements herein made, the Court sees it fit to

adopt the following rules respecting the requirement of affixing the signature
of the acknowledging parent in any private handwritten instrument wherein
an admission of filiation of a legitimate or illegitimate child is made:

1) Where the private handwritten instrument is the lone piece of

evidence submitted to prove filiation, there should be strict compliance with
the requirement that the same must be signed by the acknowledging parent;
and

2) Where the private handwritten instrument is accompanied by other

relevant and competent evidence, it suffices that the claim of filiation therein
be shown to have been made and handwritten by the acknowledging parent
as it is merely corroborative of such other evidence.

Aguilar married to Siyasat have parcel of land. Titles to 2 parcels of land in custody of niece of
Siyasat. An action was filed by Rodolfo Aguilar for the surrender of those titles, claiming to be
thte legitimate child of Sps. Aguilar. Sibling of Siyasat testified Rodolfo is not a child of SPs.
Aguilar. On the Side of Aguilar clan, bro of Aguilar testified that Rodolfo is child of the Spouses.
Rodolfo presented SSS Form E-1 executed by father Aguilar, Rodolfo as one of beneficiary, child
of Spouses.
As petitioner correctly argues, Alfredo Aguilar�s SSS Form E-1 (Exhibit �G�) satisfies the
requirement for proof of filiation and relationship to the Aguilar spouses under Article 172 of the
Family Code; by itself, said document constitutes an �admission of legitimate filiation in a public
document or a private handwritten instrument and signed by the parent concerned.

it is evidence of filiation under the first paragraph thereof, the same being an express recognition in
a public instrument.

SS
Other collateral relatives regardless of degree excluded except the group of bros sis nephews and
nieces

SS ½
Bros SiS nephews and nieces ½ <-apply right of representation, per stirpes
If nephews and nieces survive w/o bros and sis, per capita, inherit by their own right

e.g
nephew excludes paternal uncle

Barrier Rule
Legitimate bros and sis cannot inherit from IL bros and sis and vice versa
F-M
2LC previous marriage, 2LC and 5ILC
LC cannot inherit from ILC, ILC cannot inherit from LC, but ILC can inherit from each other but
share of full blood ILC is double of the halfblood ILC
2 LC previous marriage can inherit from present LC but only ½ kasi halfblood

No SS, No direct in ascending and descending, No bros sis, nephew and niece
Other collateral blood relatives within the 5th civil degree <-apply rule on proximity (an absolute
rule, no representation)
Anak of nephew cannot inherit by representation. Representation exist only in bros sis nephew and
nieces

Last heir is the State

Barrier Rule -applicable only to succession by operation of law, legitimes, not on FDP
Art. 992 ILC cannot inherit ab intestate from L relatives of parents

LCFather – W (check marriage if valid void or voidable)

LC
ILC

ILCFather – transmissible to descendant whether IL or ILC

ILChild – can inherit from ILgrandparent