WILLS AND SUCCESSION
From the book of Atty. Sebastian
GENERAL PROVISIONS (774-882)
Distinction between succession and inheritance
 Succession is a mode of acquisition; the inheritance is its object.
Elements of succession (774)
 Mode of acquisition
 Transmission of inheritance
 Object of the succession is the inheritance
 Death triggers succession
 Governed by the will or by law
Transmission of inheritance
 Transmission of property
o Butte v Manuel Uy & Sons
The heirs acquire title to the estate from the moment of the decedent’s
death, and from that instant, the heirs become co-owners of the
inheritance.
Acquisition of ownership should not be confused with the right of
possession of the things that constitute the inheritance.
 Transmission of rights
o NHA v Almeida
Rights and obligations arising from a contract are generally transmissible
except where such rights are purely personal, or by their very nature are
intransmissible, or where such transmission is prohibited by law or
stipulation of the parties thereto.
 Transmission of obligations
Succession transfers to the heirs not only the properties and rights of the
decedent, but also his obligations which are not extinguished by death.
This liability however is limited to the value of the inheritance.
 Transmission to the heirs through the estate
o Limjoco v Intestate estate of Fragrante
As an exception, the estate of the decedent may be considered to have a
legal personality for the limited extent and specific purpose; for the
avoidance of injustice and prejudice resulting from the impossibility of
exercising such legal rights and fulfilling such legal obligations of the
decedent unless the fiction is indulged.
Object of Succession
 The object is the inheritance of the decedent, which includes his
properties, and transmissible rights and obligations.
 Future property v Future Inheritance
Future property are those that the person does not own at present but may
acquire or propose to acquire in the future. It may be the object of a
contract. Future inheritance cannot
 Future Inheritance
The contingent universality or complex of property, rights and obligations
that are passed to the heirs upon the death of the grantor.
o Blas v Santos
The inheritance or estate consists of the totality of assets and liabilities he
holds at the time of his demise, and not what he possesses at any other
time. If the questioned contract envisages all or a fraction of that
contingent mass, then it is a contract over future inheritance, otherwise it
is not.
The compromise entered into was not over future inheritance, because at
the time it was entered into, the conjugal properties were already in
existence and she has received by operation of law on the death of her
husband.
o Vda. De Cabalu v Tabu
Art 1347 on future inheritance applies when the following requisites
concur: (1) the succession has not yet been opened; (2) the object if the
contract forms part of the inheritance; and (3) the promisor has, with
respect to the object, an expectancy of a right which is purely hereditary in
nature.
Heir, Legatee, and Devisee (782)
 An heir is a person called to the succession in the testator’s will,
who will receive the entirety or a fractional part of the inheritance.
 A legatee is a person called to the succession on the testator’s will
who will receive a movable property specifically identified by the
testator.
 A devisee is a person called to the succession on the testator’s will
who will receive an immovable property specifically identified by
the testator.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Inheritance; exclusions (776, 781) Generally, pending proceedings for the settlement of the estate, the heirs
have no right to commence an action arising out of the rights belonging to
 The inheritance of a person includes only his properties rights and
the deceased, without a judicial confirmation of their successional rights.
obligations which are not extinguished by his death. However,
However, as an exception, when the administrator fails or refuses to act,
accruals thereto, while not forming part of the hereditary estate,
the heirs may act in his place.
are liable for the payment of the claims of the creditors of the
decedent. o Puno v Puno Enterprises
 Exclusions:
Until the transfer is recorded in the books of the corporation, the heir
o Properties subject to fideicommissary substitutions
stands as an equitable owner of the stocks, the executor/ administrator
o Properties subject to reserva troncal
being vested with the legal title to the stock.
o Properties which are subject matter of a valid aleatory
contract o Reyes v RTC
 Survivorship agreements are valid and binding,
The transfer of title by means of succession, though effective and valid
not only between the parties thereto, but also
between the parties involved, does not bind the corporation and third
against their respective successors, provided,
parties. To make the transferee-heir a stockholder entitled to recognition
however, that the operation of such agreements is
as such, the transfer must be registered in the books of the corporation.
not violative of the law. (i.e. inofficious donations,
in fraud of creditor, impairment of legitime) o De Borja v vda. De Borja
Opening of succession (777) There is no legal bar to a successor disposing of his/her hereditary share
after the death, even if the actual extent of such share is not determined
 Succession opens from the moment of death of the decedent. This
until the subsequent liquidation of the estate.
is relevant in determining:
o Applicable law o Lee v RTC
o Decedent’s assets and outstanding liabilities
An heir may only sell his ideal or undivided share in the estate, not any
o Compulsory heirs and their capacity
specific property therein.
o Issues on preterition
o Testamentary capacity o Heirs of Sandejas v Lina
o Timeliness of acceptance or repudiation of inheritance
The required court approval in any disposition of the decedent’s estate
 Consequences of Art 777
cannot adversely affect the substantive rights of the heirs to dispose of
o Bonilla v Barcena
their own pro indiviso shares in the co-ownership.
The moment of death is the determining factor when the heirs acquire a
o Santos v Lumbao
definite right to the inheritance, whether such right be pure or contingent.
The co-owners each have full ownership of their respective shares and may
o Salvador v Sta. Maria
therefore alienate assign, or mortgage them. But they may not sell a
The right of the heirs to specific distributive shares of the inheritance does specific part of the thing owned in common. In such cases, sale is not
not become finally determinable until all the debts of the estate are paid. rendered void, it is valid, but only with respect to the aliquot part of the
Until then, their right to the final distributive shares is inchoate and seller; subject to the result of partition.
cannot be enforced, and subject to the existence of a residual estate.
o Ramirez v Baltazar
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Types of Succession (778-780)
 Testamentary, intestate, and mixed
 Mixed succession is resulted by:
o Failure to distribute estate entirely
o No provision on testamentary or property dispositions
o Any of the beneficiaries are incapable to accept or enter
into inheritance
 Testacy is preferred over intestacy
o Rodriguez v Borja
Intestate succession is only subsidiary/subordinate to testate succession,
since intestacy only takes place in the absence of a valid will.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
TESTAMENTARY SUCCESSION  Remedies
Wills in general (782-795) o Examine the will in its entirety and from the other
provisions, correct mistakes, fill omissions, and clear
Characteristics of a will
ambiguities;
 Statutory right o If not possible, extrinsic evidence may be used, excluding
 Unilateral act the oral declaration of the testator.
 Formal act  To prevent one party from giving any testimony
 Personal act against the deceased person which the latter
 Effective mortis causa cannot controvert.
 Essentially ambulatory (revocable at any time before death or
Interpretation of dispositions (788, 790-792)
incapacity)
 Free and voluntary act  If a testamentary disposition admits of different interpretations, in
case of doubt, that interpretation by which the disposition is to be
Necessity of conveyance of property
operative shall be preferred.
 An essential element of a will is the disposition of property. If a o Rationale: the testator’s will is the supreme law of
document contains no property disposition, the testator controls succession.
nothing; the document is not a will.  Dizon-Riveira v Dizon
o Seangio v Reyes
When expressed clearly and precisely in his last will, this amounts to the
A document containing only the disinheritance of a compulsory heir is a only law whose mandate must imperatively be faithfully obeyed and
will because the exclusion of a compulsory heir from the inheritance results complied with by his executors, heirs, devisees and legatees.
in an increase in the shares of the others. A valid inheritance is an indirect
 Vda de Villaflor v Juico
adjudication of property to one or some qualified heirs, for which probate
is necessary. Speculation as to the motives of the testator should not be allowed to
obscure the clear and unambiguous meaning of his pain words, which are
Non-delegability of testamentary discretion (784-787)
the primary source in ascertaining his intent.
 The mechanical act of preparing a will is not covered.
 Balanay Jr, v Martinez
 Testamentary dispositions must be left entirely to the discretion of
o The separability clause
the testator.
 Test to determine disposition is testamentary: The rule is that the invalidity of one of several dispositions contained in a
o Who will inherit? will does not result in the invalidity of the other dispositions, unless it is to
o What or how much will be inherited? be presumed that the testator would not have made such other dispositions
 An exception exists when only the implementation is delegated the first invalid disposition had not been made. (792)
after the testator has exercised discretion in the testamentary After-acquired properties (781 & 793)
disposition.
 Permits the testator the dispose future property
Defective dispositions (789) o All that is required is for the testator to indicate in his will
 Defects in testamentary dispositions: an intention to dispose all said properties acquired after
o Imperfect description of a property to be given the making of the will, and to provide for their dispositions.
o Imperfect description of a person who is to receive the  Distinguished from “future property” in 781
property; and
o Ambiguity of the testamentary disposition
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
o 781 refers to accruals to the inheritance after the death of Form of Wills
the testator; succession has opened; this belongs to the
 Notarial or holographic
heirs.
 Strict observance with the prescribed formalities for the execution
o 793 refers to assets acquired after the execution of the will,
of a will is required, except for few minor lapses which can be
this forms part of the estate.
corrected from an examination of the will itself, and do not
 This is an exception to the general rule that a will can only
compromise the genuineness and authenticity of the document.
distribute the properties owned by the testator at the time of the
o Rationale: to close the door on bad faith and fraud, to avoid
execution of the will.
substitution of wills and testaments, and to guarantee
o The disposition must be stated generally since future
their truth and authenticity.
property cannot be identified with precision.
Notarial Wills (804-809)
Testamentary Capacity (796-803)
Art. 804. Every will must be in writing and executed in a language
 Elements of testamentary capacity
or dialect known to the testator.
o Natural person
o At least 18 years of age Art. 805. Every will, other than a holographic will, must be
o Must be of sound mind subscribed at the end thereof by the testator himself or by the testator’s
o Not expressly prohibited by law name written by some other person in his presence, and by his express
 To determine soundness of mind, testator must know: (799) direction, and attested and subscribed by three or more credible witnesses
o the nature of the estate to be disposed of; in the presence of the testator and of one another.
o the proper objects of his bounty; and
The testator or the person requested by him to write his name and
o the character of the testamentary act.
the instrumental witnesses of the will, shall also sign, as aforesaid, each
 Lapses in the abovementioned guidelines does not necessarily
and every page thereof, except the last, on the left margin, and all the pages
negate testamentary capacity, as it is a medical issue rather than
shall be numbered correlatively in letters placed on the upper part of each
a legal issue.
page.
o Baltazar v Laxa
The attestation shall state the number of pages used upon which
The state of being forgetful does not necessarily make a person mentally
the will is written, and the fact that the testator signed the will and every
unsound so as to render him unfit to execute a will. Forgetfulness is not
page thereof, or cause some other person to write his name, under his
equivalent to being of unsound mind.
express direction, in the presence of the instrumental witnesses, and that
 Presumption of sanity the latter witnessed and signed the will and all the pages thereof in the
o A testator is presumed to be of sound mind at the time of presence of the testator and of one another.
the execution of the will and the burden to prove otherwise
If the attestation clause is in a language not known to the
lies on the oppositor (800)
witnesses, it shall be interpreted to them.
o Exceptions:
 1 month or less before executing the will, the Art 806. Every will must be acknowledged before a notary pubic by
testator was publicly known to be insane; the testator and the witnesses. The notary shall not be required to retain
 prior judicial declaration of testator’s insanity; a copy of the will, or file another with the office od the Clerk of Court.
 prior judicial appointment of a guardian over the
person by reason of having been found insane.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian

 Formal Requisites of a notarial will o Third person signing on behalf of testator

1. In writing;  Balonan v Abellana
2. In a language or dialect known to the testator;
The important thing is that it clearly appears that the name of the testatrix
3. Testator must sign at the end of a will;
was signed at her express direction; it is unimportant whether the person
4. Attested and subscribed by 3 credible witnesses
who writes the name of the testatrix signs his own or not.
5. Testator and witness must sign in the presence of one
another  Must be attested and subscribed by 3 credible witnesses
6. Testator and witness must sign at the left margin of each o In Taboada v Rosal, the two specific functions of the
page witnesses were distinguished:
7. Each page of the will must be numbered correlatively  Attestation consists in witnessing the testator’s
8. Contain an attestation clause execution of the will in order to see and take note
9. Acknowledged before a notary public mentally that those things are done which the
 Language requirement stature requires for the execution of the will and
o To ensure that the testator, without being assisted by that the signature of the testator exists as a fact.
another person, is able to understand the contents of the  Subscription is the signing of the witnesses’ names
will. upon the same paper for the purpose of
o Presumption of knowledge of language identification of such paper as the will which was
 Lopez v Liboro executed by the testator.
 Attestation confirms compliance with certain
It is not necessary to include a statement in the will confirming that it is
procedural requirements, while subscription
written in a language or dialect known to the testator. This fact may be
identified the authentic pages of the will.
established by extrinsic evidence
o Icasiano v Icasiano
 Signature at the end of will
If a witness through oversight failed to sign one of the pages of the will, but
o To prevent the insertion of unauthorized disposition. IT
otherwise signed all the pages of a duplicate original thereof, the formal
indicates the logical end of the testamentary dispositions.
defect in the original copy is cured.
o Additional dispositions written after the signature of the
testator invalidates the entire will.  Must sign in the presence of one another.
 Except: if insertion is made by a forger or o The testator and the witnesses must sign the will in the
unauthorized person, without the knowledge, presence of one another.
consent or acquiescence of the testator.  Nera v Rimando
o The testator need not affix his full signature. A customary
The test of true presence is not whether they actually saw each other, but
signature is sufficient.
whether they might have seen each other sign, had they chosen to do so.
o Taboada v Rosal
It does not depend upon proof of the fact that their eyes were actually cast
This requirement does not apply to instrumental witnesses. The purpose
upon the paper at the moment if its subscription by each of them, but that
of their signatures is to prevent the fraudulent substitution of the will. It
at that moment existing conditions and their position with relation to each
would not matter if the witnesses to the will affixed their signatures
other were such that by merely casting the eyes in the proper direction they
elsewhere because the objective would have been achieved.
could have seen each other sign.
 Each page numbered correlatively
o To safeguard against possible insertion or suppression of
one or some of the pages of a will.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
 Attestation clause
o What it must certify:
 Number of pages used
 That the testator signed the will or caused another
to write his name
 That the testator and witness signed the will on the
presence of one another
o To preserve in written form a record of certain actions
taken during the execution of the will.
 Taboada v Rosal
The failure of the attestation clause to state the number of pages used is
not necessarily a fatal defet. The will may yet be admitted to probate if the
actual number of pages of the will is readily discernible from the will and
one need not adduce extrinsic evidence to establish that fact.
 Samaniego-Celada v Abena
An error in the attestation clause relating to the actual number of pages
used in the execution of the will is not necessarily a fatal error.
In this case, the number of pages indicated included the page containing
the attestation clause and acknowledgment in the honest belief that it is
included in the will.
 Lopez v Lopez
Error in stating the actual number of pages was fatal here, because the it
was indicated that the will consists of 7 pages inclusive of the attestation
clause and notarial acknowledgment. There were actually 8 pages,
inclusive of the notarial acknowledgment.
 Abad v Abaja
Failure to state the number of witnesses is not a fatal error, because a close
inspection of the will can show that three witnesses signed it.
 Garcia v Lacuesta
Where the testator’s name is written by a third person, such fact must be
indicated in the attestation clause, failure of attestation clause to state
such fact will result to denial of probate.
 Cagro v Cagro
If the attesting witnesses does not sign at the bottom of the attestation
clause, and signs elsewhere, the attestation clause is void – and so is the
will.
The signatures on the left-hand corner of every page signify, among others,
that the witnesses are aware that the page they are signing forms part of
the will. On the other hand, the signatures at the attestation clause
establish that the witnesses are referring to the statements contained in
the attestation clause itself.
 Vda de Ramos v CA
If any or all of the subscribing witnesses testify against the due execution
of the will, or do not remember having attested to it, or are otherwise of
doubtful credibility, the will may, nevertheless, be allowed it the court is
satisfied from the testimony of other witnesses and from all the evidence
presented that the will was executed and attested in the manner required
by law.
 Acknowledged before a notary public
o An acknowledgement is the act of one who has executed a
deed in going before some competent officer and declaring
it to be his act or deed.
 Garcia v Gatchalian
The witnesses must declare before the same notary public that this
certification is their free and voluntary act and deed. The failure of the
witnesses to declare before the notary public their participation in the
execution of the notarial will as narrated in the attestation clause is a fatal
omission which results in the nullity of the notarial will.
 Guerrero v Bihis
The notary public before whom the will is acknowledged must be duly
commissioned in the city or municipality where the will is acknowledged.
Outside of his territorial jurisdiction, a notary public has no authority to
perform notarial functions.
 Cruz v Villasor
An instrumental witness is disqualified from being the notary public before
whom the notarial will is to be acknowledged.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Special formalities (807 & 808)
 If testator is deaf, or deaf-mute:
o He must personally read the will,
o If unable, he shall designate 2 persons to read and
communicate it to him
 If testator is blind, or illiterate:
o The will shall be read to him twice, once by the subscribing
witnesses, and again by the notary public.
Doctrine of liberal interpretation (809)
 Requisites:
o Applies only to defects and imperfections in the form or
language of the attestation clause;
o Good faith
o There is substantial compliance
 To give some protection to the testator whose will may be
disallowed for reasons not attributable to him or otherwise beyond
his control
 Vda de Gil v vda de Murciano
In applying the doctrine, evidence aliunde may not be used to fill a void in
any part of the document or supply missing details that should appear in
the will itself. They only permit a probe into the will, an exploration within
its confines, to ascertain its meaning or to determine the existence or
absence of the requisite formalities of law.
 Caneda v CA
Omission which can be supplied by an examination of the will itself,
without the need of resorting to extrinsic evidence, will not be fatal and,
correspondingly, would not obstruct the allowance to probate of the will
being assailed. However, those omissions which cannot be supplied except
by evidence aliunde would result in the invalidation of the attestation
clause and ultimately of the will itself.
Holographic Wills (810-814)
Art. 810. A person may execute a holographic will which must be
entirely written, dated, and signed by the handoff the testator himself. It
is subject to no other form, and may be made in or out of the Philippines,
and need not be witnessed.
 Roxas v De Jesus
A complete date is required to provide against such contingencies as that
of two competing wills executed on the same day, or if a testator becoming
insane on the day on which a will was executed.
 Labrador v CA
The law does not specify a particular location where the date should be
placed in the will. The only requirements are that the date be in the will
itself and executed in the hand of the testator.
 Proving the authenticity of the will (811)
o If uncontested, one witness who knows the handwriting
and signature is sufficient
o If contested, at least 3 such witnesses
o The probate court is not precluded from requiring the
presentation of expert testimony if it is not convinced that
required quantum of evidence has been met.
 Azaola v Singson
The rule in 811 requiring 3 witnesses is merely directory and not
mandatory. What the law deems to be essential is that the court should be
convinced of the will’s authenticity.
 Codoy v Calugay
Reversing the ruling in Azaola, 811 is mandatory because the use of the
word “shall” connoted a mandatory order.
 Disposition written below the signature (812)
o Must also be dated and signed in order to be valid
o Every additional disposition that is dated and signed is
treated as separate holographic will
o In notarial wills, testamentary dispositions made by the
testator below his signature makes the entire will void.
o The defect of one disposition shall not avoid the entire will
nor affect other dispositions.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
o The last valid disposition (dated and signed) validates the  Gonzales v CA
prior dispositions in the holographic will. (813)
It is not mandatory that the credibility of the attesting witness be
 Alteration in a holographic will (814)
established before such witness testifies.
o Kalaw v Relova
 Prohibited from obtaining benefit under a notarial will (823)
Ordinarily when alterations made by the testator in a holographic will
o An attesting witness
have not been noted under his signature, the will is not thereby invalidated
o His or her spouse
as a whole, but at most only as respects the particular words erased,
o His or her parents
corrected or interlined. In this case, the entire will is avoided for the simple
o His or her children
reason that nothing remains in the will after that which could remain
o Anyone claiming under any of the abovementioned
valid.
 Rationale: To ensure that the witness will not be tempted to give
o Ajero v CA false testimony to ensure the will is admitted is probate.
 Exception: if there are 3 other competent witnesses to the will
Unless the unauthenticated alterations, cancellations or insertions were
o Because his participation is unnecessary
made on the date of the holographic will or on testator’s signature, their
o Nonetheless, 1027 (4) still renders them incapable od
presence does not invalidate the will itself. The lack of authentication will
succeeding.
only result in disallowance of such changes.
Codicils (825 & 826)
Joint Wills (818)
 Functions
 Testamentary dispositions contained in a single instrument made
o Add to, explain or modify provisions of an antecedent will
jointly by two or more testators.
o Revoke an antecedent will
o Where it is physically possible to segregate the dispositions
 Formalities
of each testator into separate instruments, each being
o Same formalities as a notarial or holographic will
complete in form, they are not joint.
 The codicil need not be the same type of will as the
 Joint wills are void.
antecedent will.
o Because of the opportunity they create for one of the joint
testators to unduly influence each other. Incorporation by reference (827)
Witness to a will (820-824)  Requisites:
1. Document to be attached must be in existence at the time
Art. 820. Any person of sound mind and of the age of 18 years or
of execution of the will
more and not blind, deaf or dumb, and able to read and write, may be a
2. Must clearly describe and identify the documents
witness to the execution of a will mentioned in Art 805 of this Code.
3. Clearly identified by satisfactory evidence during probate
Art 821. The following are disqualified from being witnesses to a 4. Must be signed by the testator and witnesses on each page
will: (1) Any person not domiciled in the Philippines; (2) Those who have 5. If by reference, number of pages of the attached document
been convicted of falsification of a document, perjury or false testimony is included in counting the number of pages of the will that
is to be stated in the attestation clause.
 Credible v Competent witness
o The competency of a person to be an instrumental witness
to a will is determined by the statute, that is Art 829 and
821, whereas his credibility depends on the appreciation of
his testimony and arises from the disbelief and conclusion
of the Court that said witness is telling the truth.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Revocation of wills (828-834) o Null and void.
o Cause must be expressly stated in order to be proven,
 Modes of revocation
therefore this can’t be invoked when revocation is made by
o By implication of law; needs no affirmative act
overt act.
 Art 44 and 63 of the Family Code
o By execution of a subsequent will or codicil Republication and revival of wills (835-837)
 Requisites:
 Requisites of republication
 Must have testamentary capacity;
o If first will is void  it must be re-executed with the proper
 Must contain revocatory clause or contain
formalities
dispositions which are irreconcilably
o If first will was revoked  it can be republished by mere
inconsistent with previous will;
inference in a codicil
 Must be formally valid.
 Requisites of revival
 Doctrine of dependent relative revocation
o First formally valid will
 If the subsequent revoking will is formally
o Second formally valid will with irreconcilably inconsistent
defective and this void, it cannot revoke a
provisions
prior valid will.
o Second will implicitly revoked the first will
o By execution of certain over acts
 An express revocation may only be republished by
 Requisites:
mere reference.
 Overt act must be consistent with notion of
o Second will is revoked
revoking a will
 Complete subjective phase Allowance and disallowance of wills (838 -839)
 Testamentary capacity o Necessity of Probate
 Animus revocandi o Rodriguez v Rodriguez
 Done personally
 Testate Estate of Maloto v CA Before any will can have force or validity it must be probated.
Animus revocandi (intention to revoke) must be accompanied by the overt o Heirs of Lasam v Umengan
physical act of destroying the will. To probate a will means to prove before some office or tribunal, vested by
 Gago v Mamuyac law with authority for that purpose, that the instrument offered to be
proved is the last will and testament of the deceased, and that it has been
Where a will which cannot be found has been found to be in the possession executed, attested, and published as required by law, and that the testator
of the testator when last see, the presumption is, that the same was was of sound and disposing mind. It is a proceeding to establish the validity
cancelled or destroyed. of a will.
 Total/ Partial revocation (831) o Probate Court; effect of judgment
o Dispositions of the revoking subsequent will or codicil shall o Scope of inquiry
cancel only the provision that are irreconcilably  Testamentary capacity
inconsistent with the prior will.  Formal validity
 Inoperative revoking will (832)  Genuine will of testator
o When revoking will designate heirs who can’t inherit or  Freely and voluntarily
fails to designate, the prior will is still revoked, the testator executed
dies intestate.
 Revocation based on a false cause (833)
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
o Galanosa v Arcangel
The decree of probate is conclusive as to the due execution and formal o Rodelas v Aranza
validity of the will. This can’t be questioned again in a subsequent action.
A photostatic copy of the lost/destroyed holographic will may be admitted
o Intrinsic and Extrinsic Validity because then the authenticity of the handwriting of the deceased can be
 The admission of the will does determined by the probate court.
not constitute as res judicata as
o Grounds for disallowance (839)
to the provisions thereof.
o 839 provides
 Dorotheo v CA
 non-compliance with formal
Probate proceedings deal generally with the extrinsic validity of the will. requisites
The intrinsic validity is another matter and questions regarding the same  insanity/ mentally incapable
may still be raised even after the will has been authenticated. An  force/ under duress or fear
extrinsically valid will is not always intrinsically valid.  undue or improper influence
 procured by fraud
o Issue of ownership
 acted by mistake
 Pastor v CA
o Baltazar v Laxa
For the purpose of determining whether a certain property should or not
In order to invalidate a will, the vice of consent must be proved. A will
be included in the inventory of the estate, the probate court may pass upon
cannot be declared void on the basis of unsubstantiated allegations of
the title thereto, but such determination is provisional, not conclusive, and
intimidation or undue influence.
is subject to a final disposition in a separate action.
o Pascual v de la Cruz
 Jimenez v IAC
That the testatrix lived with the heir does not necessarily indicate the
As a general rule, a probate court can only pass upon title provisionally.
latter had unduly influenced the testatrix in making the will.
All that said court could do as regards said properties is determine whether
they should be included in the list of properties to be administered. o Ozaeta v Cuartero
o Exception to scope of inquiry It is not enough that there was opportunity to exercise undue influence or
 Nepomuceno v CA a possibility that it may have been exercised; the exercise of improper
pressure must be separated by substantial evidence that it was actually
General rule is that in probate proceedings, the court’s area of inquiry is
exercised.
limited to the extrinsic validity of a will. Given exceptional circumstances,
the court may pass upon certain provisions of a will. o Coso v Fernandez-Deza
 Also see Nuguid v Nuguid To be sufficient to invalidate a will, the influence must be of a kind that so
o Probate of a lost will overpowers and subjugated the mind of the testator as to destroy his free
o Must prove compliance with formalities and contents of the agency and make him express the will of another rather than his own.
will.
o Ortega v Valmonte
o Gan v Yap
In order to invalidate a will, fraud must be of such character that the
The execution and the contents of a lost or destroyed holographic will may
testator is misled or deceived as to the nature of or contents of the
not be proved by the bare testimony of witnesses who have seen and/ or
document which he executed, or it may relate to some extrinsic fact, in
read such will.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
consequence of the deception regarding which the testator is led to make a
certain will which, but for the fraud, he would not have made.

Institution of Heirs (840-856)

 Institution based on a false cause (850)
o Heirs, as used in the provision, may be o Requisites
deemed to include devises and legacies.  Incidental cause must be express
o Importance in the distinction is in cases of preterition (854)  Such cause is false
and void inheritance (918), it annuls the institution o heirs,  Testator would not have made the institution had
completely or partially, but are valid as to the legatees and he known it.
devisees, to the extent that they are not inofficious. o Austria v Reyes
o The repudiation or incapacity of the sole
Such institution may be annulled only when one is satisfied, after an
heir, without any provisions made by the
examination of a will, that the testator clearly would not have made the
testator as to substitution, would make
institution had he known the cause for it to be false.
the will worthless
o Limitations in the institution of heirs  Adjustment of shares (851-853)
o Subject to legitime o Only necessary when testator institutes the heirs as the
o Incapacity of heir to succeed “sole and universal heirs”
o Disqualification of heir o Net estate x amount assigned / total amount distributed
o Void testamentary dispositions
Preterition (854)
o Manner of indicating heirs
o By full name  Elements of preterition
o If same name, some other circumstance by which they can o Preterited heir is totally omitted
be identified o Must be a compulsory heir
o If still can’t be identified, even after presenting extraneous o In the direct line
evidence, none of them shall inherit. o Must survive the testator
o Principle of equality (846)  Aznar v Duncan
o Institution without designation as to shares is presumed
A compulsory heir, whole omitted in the institution, cant claim to have
to be equal.
been preterited if he was given a legacy/devise.
o Rules on Estate Distribution
o Distribute the net estate in accordance with the institution  Balanay Jr v Martinez
o Then make the necessary adjustment to satisfy impaired
Total omission of the surviving spouse does not result in preterition
legitimes, if any.
 Dizon-Rivera v Dizon  Acain v IAC
The legitime is not a part of the estate which should be segregated so that Even if the surviving spouse is a compulsory heir there is no preterition
the testator’s testamentary disposition should only pertain to the even if she is omitted from the inheritance for she is not in the direct line;
disposable free portion. Instead, it is the minimum guaranteed amount but the adopted child is.
that a compulsory heir should receive from the testator, unless the
 Effects of preterition
compulsory heir is lawfully disinherited, or otherwise declared
o Total intestacy;
incapacitated or disqualified to inherit from the testator.
o Annulment without prejudice to legacy; or
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
 If legacy is not inofficious o Legitime can’t be substituted, only the disposable free
o Annulment with reduction of legacy portion
 If legacy is inofficious o Substitution is preferred over right to representation &
accretion

 Fideicomissary substitution (863)

 A matter of substantive validity
o Requisites
o Nuguid v Nuguid
 Institutes a fiduciary (1st heir)
As a general rule, the question of preterition should not be raised during  With duty to preserve and transmit in whole or
probate proceedings, and the probate court should not entertain such part to fideicommisary (2nd heir)
issues. However, the Court has taken exception and passed upon the issue  Limited to 1 degree (parent and child)
of pretertion even before the will was admitted to probate, for practical  1st and 2nd heir must be living at the time of death
considerations. of testator
 must be express
 Omission not total (855)
 vda de Mapa v CA
o There is no preterition, because there remains a disposable
free portion from which the legitime could be satisfied. No fideicaommisary substitution because it was not expressly stated either
 Right of representation (856) by designating the substitution as such, or imposing upon the fiduciary the
o Limitations obligation to preserve and transmit the property.
 Only in the descending line, never ascending or
 Ramirez v Ramirez
collateral
 Limited to the legitime of predeceased or Fideicommisary can only be either a child or a parent of the first heir.
incapacitated heir
 Crisologo v Singson
 Representative must not be barred to inherit under
992. The essence of fideicommisary substitution that an obligation is clearly
o A compulsory heir who predeceased or is incapacitated to imposed upon the first heir.
inherit from the testator may be represented by his own
o Prohibited dispositions (870)
heirs.
 Perpetual prohibition to dispose
 Repudiators and voluntary heir cannot be
 Rodriguez v CA
represented.
What is declared void is the testamentary disposition prohibiting
Substitution of Heirs (857-870)
alienation after the twenty-year period.
 The appointment of another heir so that he may enter into the
Conditional Testamentary Dispositions (871-885)
inheritance in default of the original heir
 Grounds for substitution  Types of Condition
o Predecease o Impossible condition; effect (873)
o Incapacity to inherit  This refers to positive and suspensive conditions; it
o Repudiation is deemed not imposed.
 Sharing among substitutes  The condition is set aside, not the disposition.
o Presumed equally o Condition not to marry (874)
o Unless stipulated otherwise
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
 Generally void, except if imposed by widow or
his/her ascendants or descendant prohibit
subsequent marriage of surviving spouse.
 Conditions imposing marriage and relative
prohibition to marry is valid.
o Dispicion Captatoria (875)
 It is a testamentary disposition with the condition
that the heir would make some provision in his will
in favor of the testator or some other person.
 It is entirely void, not just the condition.
o Purely Potestative (876 & 879)
 Refers to positive, potestative, suspensive
conditions.
 Prior compliance is allowed as fulfilment of the
condition only if by its nature, it can’t be fulfilled
again.
 If negative, heir acquires property upon death,
subject to the posting of a bond or security called
caucion muciana, to ensure his contingent
obligation to return property in case of failure to
comply with obligation.
 if unable, the property will be put under
administration
Conditional dispositions suspend but does not obligate, modal dispostions
o Casual and mixed conditions
obligate but does not suspend.
 Time of fulfillment is irrelevant
 except if testator had knowledge of prior
fulfillment and repeal fulfillment is
possible
 The property will be placed under administration
until fulfillment of the condition.
o Suspensive (ex die) and resolutory (in diem) term
 Suspensive terms defer demandability, not
ownership of the property
 Resolutory terms terminate its efficacy.
 Legal heirs are called into succession
 During the suspensive term, in which case
Legitime (Art 886-914)
they shall pay the caucion muciana to the
instituted heir.
 After the resolutory term, in which case
caucion muciana shall be given to them by
the interim heir.
 Requisites of conditional dispositions
o Condition must be expressly stated
o Condition must be clear
 Exclusion of legitime (872)
o Legitime cannot be subjected to conditions, in such cases it
is deemed not imposed, but valid as to the free portion.
 Modal institution
o It is modal if it states
 the object of the institution
 application of property
 charge imposed
o Caucion muciana is required is a condition precedent.
 If unable to pay, property will be put under
administration
o If there is doubt whether disposition is conditional or
modal, modal is preferred.
o An action for specific performance may be filed by the
beneficiary, or the legal heir to enforce performance.
 Rabadilla v CA
 Substantial compliance (883)
o Where mode cannot be complied with in the exact
manner contemplated, without fault of the heir; there
is substantial compliance.
o Waiver of beneficiary releases heir from complying
with modal obligation
o Prevention principle: if intestate heir deliberately or
maliciously prevents the fulfillment of the obligation,
modal heir is released from obligation, it is deemed
complied with.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
 The legitime is the specified portion of the estate of a deceased
person which is reserved fir the compulsory heirs as the latter’s
minimum share of the inheritance.
 Definition in Art. 886 is inaccurate because of the phrase “which
he cannot dispose of”, in conflict with par. 2 of Art 842 stating that
“one who has compulsory heirs may dispose of his estate provided
he does not contravene the provisions this Code with regard to the
Legitime of said heirs. The fact that there can be preterition
reinforces this theory.
Compulsory heirs
 Primary compulsory heir – principal beneficiaries, in exclusion of
secondary compulsory heirs
o legitimate child and legitimate descendants;
 Secondary compulsory heir – succeed only in default of primary
compulsory heirs
o legitimate parents and other legitimate ascendants.
 Concurring compulsory heir – succeed concurrently with
primary/secondary compulsory heirs
o surviving spouse and illegitimate children
Qualifications
1. Under Art 992, an illegitimate child cannot inherit from legitimate
relatives of his illegitimate father.
2. Under Art 992, an illegitimate ascendant cannot inherit from the
legitimate children and descendants of his own illegitimate child.
3. For surviving spouses, there must be a prior valid marriage.
4. Guilty spouse in a legal separation is barred from inheriting from
innocent spouse.
5. The sub-classification of illegitimate children is repealed, therefore
there is only a single class of illegitimate children.
Legitimate children and ascendants (Art 888)
 The strict legitime is reserved for the legitimate children and
legitimate descendants.
 It is divided equally among legitimate children and/or legitimate
descendants.
 It consists of ½ of the net hereditary estate.
Legitimate descendants
 They are the legitimate descendants of the decedent other than the
legitimate children.
 They may inherit from from a legitimate ascendant either:
o In their own right; or
 If all legitimate children repudiate the inheritance,
the legitimate descendant nearest in degree
inherits in their own right.
o By right of representation.
 Legitimate parent predeceases the decedent;
 Legitimate parent incapacitated to inherit from
decedent;
 Legitimate parent disinherited by decedent.
Legitimate parents and ascendants (Art 889-890)
 Inherits only in default of legitimate or adopted children and other
legitimate descendants.
 Rule of proximity must be followed. The surviving ascendants
nearest in degree exclude the more remote surviving ascendants.
 Legitimate parents share the legitime equally, to the exclusion of
other more remote ascendants. (representation is not allowed in
the ascending line)
 Succession Per Stirpes – legitimate ascendants of the same degree
inherit the legitime equally between the maternal and paternal
lines.
Legitimate children with surviving spouse (Art 892)
 Legitimate children are entitled to ½ of the estate of the deceased.
This is divided equally among them.
 As a general rule, the legitime of the surviving spouse is equal to
the legitime of each of the legitimate child.
 As an exception under Art 892, when there is only one legitimate
child, the legitime of the surviving spouse is reduced to ¼ of the
hereditary estate.
 Van Dorn v Romillo Jr.
o The foreign national ex-spouse should not continue to be a
compulsory heir of his former Filipino spouse after the
issuance of a foreign divorce decree.
Legal Separation
o Art 63 enumerates the effects of a decree of legal
separation.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
o The offending spouse is disqualified to inherit from the
innocent by intestate succession.
o Any provisions made in a will of the innocent spouse in
favor of the guilty spouse is revoked by operation of law.
o The innocent nonetheless, remains a compulsory heir of the
guilty spouse and is not disqualified to inherit whether in
testacy or in intestacy.
Marriages terminated by judicial decree
 Automatic termination of second marriage under Art. 41 of
the Family Code
o A situation where a second marriage is contracted by the
present spouse subsequent to a decree of presumptive
death of the first spouse.
o The first marriage is deemed suspended or presumed
dissolved.
o Effects of recording of affidavit of reappearance by missing
spouse:
 Second marriage is automatically terminated.
 Present spouse and spouse in second marriage
cease to be reciprocal compulsory heirs.
 The second spouse who acted in bad faith is
disqualified to inherit from the innocent spouse in
testacy or in intestacy.
 The innocent spouse is not disqualified to inherit
from spouse in second marriage by will.
 Void marriages
o This refers to void marriages under Art. 35, 36, 37, 38, and
53 of the Family Code
o Although these marriages are void ab initio, the law
requires the judicial declaration of nullity of marriage in
order for the spouses to remarry.
o However, the law does not require the judicial declaration
of nullity of marriage for the purpose of denying
successional rights.
 Voidable Marriages
o Art 45 of the Family Code.
o Valid until judicially annulled.
o Prior to the decree of annulment, the spouses are married
to each other and are thus reciprocal compulsory heirs.
o Decree of annulment severs their reciprocal successional
rights.
 Successional Disqualification of the Guilty Party
o The successional disqualification of the guilty party in void
marriages, voidable marriages, and bigamous marriages
under Art 41 are the same.
Legitimate Ascendants and surviving spouse (Art 893)
 Legitimate ascendants are secondary compulsory heirs.
 The legitime of the legitimate grandparents will be distributed per
strirpes; ½ to the paternal line, and ½ to the matenal line, taken
form the strict legitime.
 The legitime of the surviving spouse is ¼ of the estate taken from
the free portion.
Illegitimate children and surviving spouse (Art 894)
 There are no primary and secondary compulsory heirs.
 Legitime of surviving spouse is 1/3 of the estate
 Legitime of the illegitimate children is 1/3 of the estate,
collectively.
Illegitimate children (895)
 Art 176 of the Family Code repealed the distinction in the legitime
of the natural and spurious child.
 Under Art 165 of the Family Code, there is only one classification
of legitimate child.
 Legitime of the illegitimate children is ½ of the legitime of each of
the legitime of the legitimate children.
 The surviving spouse enjoys a preference over the illegitimate
children.
 Legitime of the surviving spouse should be satisfied first before
paying the legitime of the illegitimate children.
 Legitime of the illegitimate children cannot exceed the free portion,
in such cases, their legitime shall be reduced equally.
Legitimate parents and illegitimate children (897 & 889)
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
 There are no legitimate children
 Legitime of the legitimate parents is ½ of the estate.
 Legitime of the illegitimate children collectively, is ¼ of the estate.
 Legitime of the illegitimate children is definite, and will not be
reduced under any circumstance.
Surviving spouse w/ legitimate and illegitimate children (897)
 Legitime of surviving spouse is equal to the legitime of each of the
legitimate children, taken from free portion
 Surviving spouse is preferred over illegitimate children.
Surviving spouse w/ legitimate parents and illegitimate children
(899)
 There are no legitimate children nore legitimate descendants.
 Legitime of surviving spouse is 1/8 of the estate.
 Legitime of the illegitimate children is ¼ of the estate collectively.
Surviving Spouse only (900)
 General rule: the legitime of the surviving spouse is ½ of the estate.
 Exception: when the marriage is solemnized in articulo moris, and
the testator died within 3 months following the time of the
marriage. The legitime of the surviving spouse shall be reduced to
1/3 of the estate.
 Exception to the exception: when they have been living together as
husband and wife for more than 5 years. The legitime of the
surviving spouse is ½ of the estate.
Illegitimate children only (901 & 902)
 The legitime of the illegitimate children shall be ½ of the estate,
divided equally.
 The descendant of the illegitimate child, whether legitimate or
illegitimate, may exercise the right to representation as to the
legitime of the predeceased, disinherited, and incapacitated
illegitimate child.
 The legitimate or illegitimate descendants of an illegitimate child
may not exercise the right of representation as to the voluntary
inheritance.
 In contrast, the illegitimate children of a legitimate child may not
inherit ab intestato from the relatives of his father –the legitimate
child. (992)
Illegitimate parents (903)
 Illegitimate parents inherit only when the illegitimate child dies
without any children.
 The legitime of the illegitimate parents is ½ of the estate
 If there is a surviving spouse, their legitime is reduced to ¼
collectively, and the other ¼ to the surviving spouse.
 The right to succession in the illegitimate ascending line ends with
the illegitimate parents.
Deprivation or impairment of legitime (904, 907)
 The legitime of compulsory heirs cannot be imposed with any
burden, encumbrance, condition, or substation.
 The only way to deprive compulsory heir of his legitime is through
disinheritance.
 Statutory burden may attach to the legitime. (891 of CC and 159 of
FC)
Remedy in case of impairment (906 & 907)
 Any compulsory heir to whom the testator has left by any title less
than the legitime belonging to him may demand that the same be
fully satisfied.
o Direct impairment
 Testamentary dispositions that impair or diminish the legitime of
compulsory heirs shall be reduced on petition of the same, insofar
as they may be inofficious or excessive.
o Indirect impairment
Renunciation/compromise of future legitime (905)
 The agreement is between the testator and his compulsory heirs.
 Void because it involves future inheritance, also, an inexistent
right cannot be renounced or compromised.
 Renouncer –the compulsory heir is not estopped. The compulsory
heir, or any interested party (i.e. unpaid creditor of compulsory
heir) may invoke the nullity of the agreement and claim the
legitime upon death of the testator.
 If valuable consideration was paid by the testator, such is
considered as a gift, and the compulsory heir has the duty to bring
to collation such payment received.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Before any conclusion about the legal share due to a compulsory heir may
be reached, it is necessary that certain steps be taken first. In order that a
donation may be reduced for being inofficious, there must be proof that the
value of the donated property exceeds that of the disposable free portion
plus the donee’s share as legitime in the properties of the donor.

o Natcher v CA
Determination of the legitime (908)
An action for reconveyance and annulment of title with damages is a civil
 To determine the legitime:
action, whereas matters relating to the settlement of the estate of a
o Determine the value of the property remaining at the time
deceased such as advancement of property made by the decedent, partake
of testator’s death;
of the nature of a special proceeding. Matters which involves settlement
o Determine obligations, debts and charges against the
and distribution of the estate of the decedent falls within the exclusive
estate.
province of the probate court in the exercise of its limited jurisdiction.
o Difference between the assets and liabilities, this is the net
hereditary estate;  Estates with a disposable free portion
o Addition of the value of all the donations inter vivos made; o In this case, all donations made by defendant in his lifetime
this is the theoretical hereditary estate; would be inofficious.
o Using the theoretical hereditary estate, determine the  Effects of collation:
amount of legitime based on corresponding provisions of o If donation was given to a compulsory heir  collation
law. equalizes the legitime of compulsory heirs; thus donations
 Collation is necessary only if decedent is survived by compulsory to compulsory heirs are generally chargeable to their
heirs. legitime, except if otherwise stipulated by the donor, in
 Collation under 908 is a mere notional process of adding back the which case, it is chargeable to the free portion.
values of all the donations inter vivos. This means that the physical o If donation was given to a stranger  collation protects the
property is not taken back from the done. legitime of the compulsory heirs.
 Only the values of the donation or brought back to the net
Duty to Collate (909-910)
hereditary estate, in order to ensure that the same are accounted
for in the determinations of the legitime.  Imputation of donations (909)
 The donee is only required to make restitution in case it is o Those given to children are presumed to be advances on
subsequently determined that it is inofficious. their legitime, unless otherwise stated expressly in the
o Vda de Tupas v RTC relevant deeds.
o Those given to strangers are always chargeable to the
A person cannot give by donation more than what he can give by will. If he
disposable free portion.
does, so much of what is donate as exceeds what he can give by will is
o Those given to illegitimate children has the same effect as
deemed inofficious and the donation is reducible to the extent of such
those given to legitimate children (910)
excess.
o Mateo v Lagua
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Reduction of inofficious donations (911)
 This is relevant only if:
Insolvent Estates
o Testator is survived by compulsory heirs; and
o The donations inter vivos and devices and legacies given by
the testator cannot be accommodated after payment of the
legitime.
 Order of reduction/preference of payment:
o If the legitime is impaired  donations shall be reduced,
beginning from the most recent going back. (last-in-first-
out) until legitime is fully satisfied
 If there are legacies and devises in this case, they
will not be paid.
o If the legitime is not impaired, and there is a remaining
disposable free portion  preferred legacies and devises
Disposable free portion (914)
are paid first.
o If there is still a remaining balance  ordinary legacies
and devices are paid.
o If the remaining balance is insufficient  it will be
prorated among them.
 Reduction of inofficious devices (912-913)
o If the devise given is a real property which is essentially
divisible, it can be physically partitioned to satisfy the
impaired legitime.
o If it cannot be conveniently divided:
 If the reduction of the devise does not absorb ½ of
the its value, the devisee retains the property and
shall reimburse the aggrieved compulsory heir in
cash.
 If the reduction is exactly ½ or more than its value,
the aggrieved compulsory heir is entitled to retain
property, and shall reimburse the devisee in cash.
 If the party entitled to exercise the right to retain
the property chooses not to exercise it, the other
party may exercise such right and reimburse the
party originally entitled in cash.
 If no one is interested in in exercising the right to
acquire the property, it shall be sold at a public
auction, and form the proceeds the aggrieved
compulsory heir and devisee shall be paid their
legitime and devise, respectively.
 It is insolvent is the aggregate outstanding obligations of the
testator or decedent exceed the value of the assets left by him.
 Generally, creditors cannot claim against a done of the decent,
especially when the donation antedated the unpaid debts.
 However, if the donation was made after the decedent has incurred
obligations, the presumption is the donation was made in fraud of
creditors. The creditor may seek for a recission under Art 1387.
 Even if the donation was made prior to incurring debts, if it can be
proven that the donation was made to defraud the future creditors
by deliberately disable himself, there can also be a recission.
 The testator may devise and bequeath the free portion as he may
deem fit.
 Subject to the following limitations:
o Delegating exercise of testamentary discretion
o Heir must have capacity to succeed.
o Rules on fideicommisary substitution
o Non-alienation of property for more than 20 years
o Impossible suspensive condition or absolute condition
prohibiting first or subsequent marriage
o Disposicion captatoria
o Common-law spouse
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
Presumptive Legitime
 Art. 50, 51, and 52 of the FC
 Rationale: to protect the financial interest of the children of the dissolved
marriage. The dissolution of the marriage between the parents enables
them to contract a subsequent marriage and raise a new family.
 The law assumes that the children will: (1) not predecease; (2) not be
disinherited; (3) have capacity to inherit; and (4) not be disinherited.
 Upon death of a parent, the presumptive legitimes will be treated as a
donation inter vivos, which shall be brought to collation.
 If a child from the first marriage predeceases, the presumptive legitime
which he received shall be treated as a donation to a stranger chargeable
to the free portion.
 Delivery of the presumptive legitime is virtually tax-free because they are
not subject to capital gains tax, documentary stamp tax, or donor’s tax.
This is because there is no donative intent, they are given such in
compliance with the law.
o In reality, tax on the delivery of the PL is merely deferred until
the death of the parent, because when the PL is brought to
collation it is included in the gross estate and subject to estate
tax.
Reserva Troncal (891)
 Objective: seeks to restore the property to the patrimony of persons
related to the prepositus in the line where the property originated.
Thus, the reserva creates a virtual separation of wealth between
the paternal and maternal lines such that the wealth of one line
shall not accidentally cross to the other.
 Elements of Reserva Troncal
(1) A legitimate ascendant (reservoir) acquires property from
a legitimate descendant (prepositus) by operation of law.
(2) The prepositus in turn acquired the reservable property by
gratuitous title from another legitimate ascendant, brother
or sister (the origin).
(3) The reservoir is required by law to reserve the reservable
property.
(4) The beneficiaries of the reserva are the legitimare relatives
of the prepositus within the third degree of consanguinity
coming from the line of the origin (the reservees).
 There are the lines of transmission in reserva troncal. The first
transmission is by gratuitous title, from an
ascendant/brother/sister to a descendant called the prepositus. The
second transmission is by operation of law from the prepositus to
the other ascendant or reservor, called the reservista. The third and
last transmission is from the reservista to the reserves or
reservitarios who must be relatives of the prepositus within the
third degree and who belong to the line from which the property
came.
 The Origin
o Source of the reservable property
o Legitimate ascendant, brother or sister of the prepositus
o Transfers ownership of the reservable property to
prepositus by gratuitous title. (first transmission of title)
o Who is the origin?
 Mendoza v Delos Santos
The ownership of the properties should be reckoned only from where the
first transmission occurred, or from whom the prepositus inherited the
properties in dispute. The law does not go farther than such
ascendant/brother/sister un determining the lineal character of the
property.
o First transmission of title
 An acquisition is gratuitous if it is without valuable
consideration. The transmission is gratuitous
when the recipient does not give anything in
return.
 Chua v. CFI Negros Occidental
It matters not whether the property transmitted be or be not subject to any
prior charges; what is essential is that the transmission be made
gratuitously, or by an act of mere liberality of the person making it, without
imposing any obligation on the part of the recipient; and that the person
receiving the property gives or does nothing in return.
The obligation is imposed upon the prepositus not personally by the
deceased (origin) but by an order of the court. As long as the transmission
of the property to the heirs is free from any condition imposed by the
deceased himself and the property is given of pure generosity, it is
gratuitous. As far as the deceased is concerned, the transmission od the
property to the heirs is gratuitous.
 Simulated Contract of Sale
o Theoretically, a property fictitiously sold
by a father (as origin) to his son (as
prepositus) may eventually become a
reservable property, subject to the
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From the book of Atty. Sebastian
fulfillment of the other requisites of
reserva troncal.
 Transfers for less than full consideration
o To the extent of the inadequacy of the
consideration for the sale, the
transaction may be considered a
donation. To the same extent, the
property transferred to the prepositus
may eventually become reservable.
 Prepositus
o The prepositus is a legitimate descendant,borhter or sister
of the origin who acquires ownership of the reservable
property from the latter by gratuitous title.
o If the prepositus in his lifetime alienates the property
through any mode of conveyance, the property loses the
prospect of becoming reservable at some future time
o The prepositus can directly or indirectly thwart the reserva
in at least 4 ways:
 By disposing potentially reservable property by an
act inter vivos
 By controlling the partition of his estate
 By begetting a legitimate child
 By adopting a child
 Reservor
o The legitimare ascendant who acquires ownership of the
reservable property by operation of law from the prepositus
(second transmission of title)
o Has the statutory obligation to return the reservable
property to the reservees.
o Solivio v CA
The reserva troncal is applied to properties inherited by an ascendant from
a descendant who inherited it from another ascendant or a brother or sister.
It does not apply to property inherited by a descendant from his ascendant,
the reverse of the situation covered by Art. 891.
 Lacerna v Vda. De Corcino
Art. 891 applies only to properties inherited, under conditions therein set
forth, by an ascendant from a descendant, and this is not the case before us,
for the lands in dispute were inherited by a descendant from an ascendant.
 Second Transmission of Title
o A transmission of title by operation of law is a transfer
of ownership other than through a voluntary act of the
transferor.
o In succession there are 3 ways by which an heir may
acquire a title to property by operation of law: intestate
succession, succession to the legitime, and succession by
right of representation.
o For purposes of reserva troncal, the second
transmission can only refer to transmission of legitime,
or a transmission by intestate succession.
o Reservor’s title to the reservable property
 A reservor enjoys all the attributes of ownership,
except that his power to alienate the reservable
property is subject to certain qualifications.
 Edroso v Sablan
The reservor has the rights of use and usufruct. He has, moreover, the legal
title and dominion, although under a condition subsequent. After the right
required by law to be reserved has been assured, he can do anything the
genuine owner can do.
Only an act of disposal mortis causa in favor of persons other than the
relatives within the third degree of the descendant from whom he got the
property to be reserved must be prohibited to him, because this alone has
been the object of the law.
The reservor is entitled to register in her own name the reservable
property, recording the registration the right required by Art 891 to be
reserved to the reservees, should they survive her.
 Sienes v Esparcia
The reserva creates two resolutory conditions, namely, (1) the death of the
ascendant obliged to reserve and (2) the survival, at the time of his death,
of relatives within the third degree belonging to the line from which the
property came. Upon the fulfillment of these conditions the reservor’s title
to the reservable property is extinguished; the ownership thereof passes to
the reservees who inherit the reservable property from the prepositus.
 Florentino v Florentino
The reservable property does not form part of the estate of the reservor and
therefore the reservor is without authority to dispose the reservable
property by will even if by so doing, the reservable property is effectively
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
preserved or otherwise restored to the persons coming from the line of
origin.
 Reservee
o The ultimate beneficiaries of the reservable property, provided
that the double resolutory conditions of a reserva are fulfilled.
o The reservees are the relatives of the prepositus within the
third degree of consanguinity who belong to the line of the
origin.
o The following legitimate relatives of the prepositus are
potential reservees:
 First degree relatives – legitimate parents
 Second degree relatives – in the direct line  legitimate
grandparents; and in the collateral line  legitimate
brothers and sisters, whether full or half-blood.
 Third degree relatives – in the direct line  legitimate
great grandparents; and in the collateral line  legitimate
nephews and nieces, and legitimate uncles and aunts.
o Legitimacy of relationship
 Nieva v Alcala
The word “relatives” must refer to legitimate relatives of the prepositus,
hence the rule that reserva runs only in the legitimate family.
While a legitimate parent or ascendant may be covered by the reserva and
thus be burdened by the duty to reserve the reservable property for the
reservees, an illegitimate parent who inherits from his or her illegitimate
child by operation of law is not subject to the same burden.
o Identification of reservees
 The rule of proximity squarely applies. If the reservees are
related to the prepositus in the same degree, they may
inherit collectively, but without prejudice to the preference
established by the order of intestate succession.
 De Papa v Camacho
The niece excludes the uncles and aunts of the prepositus from the
distribution of the reservable property, even if the niece, uncles and aunts
are all relatives of the prepositus within the third degree of consanguinity.
 Distribution of the reservable property
o Integration Theory and Theory of Delayed Intestacy
o Under the theory of delayed intestacy, the reservable property
is brought back to the intestate estate of the prepositus from
whom the reservees will be called to succession based on the
rules of intestacy.
o Thus, the rule of equal division and right of representation are
applicable.
 Rule of equal division – Provided, that if the reservees are
brothers and sisters of the prepositus, those of the full-blood get
double the share of those of the half-blood.
 Right of representation – other than the nephews and
nieces, no other collateral relative of the prepositus may
exercise the right of representation.
 Padura v. Baldovino adopted the theory of delayed
intestsacy.
The application of Art 891 is limited to two issues: (1) a determination
whether or not the relevant property left by the deceased ascendant is
reservable; and (2) the identification of the heirs of the prepositus who may
be entitled thereto. Thereafter, the distribution of the reservable property
to the reservees thus identified by Art 891 is governed by the order of
intestate succession.
 Accidental transfer of property to another line not necessary for the
application of the reversionary rule in Art 891.
o Gonzales v CFI
The reservor cannot, by means of his will, choose the reserve to whom the
reservable property should be awarded. The reservable property does not
form part of the reservor’s estate but should be given to all reservees or
nearest relatives of the prepositus within the third degree.
While it is true that by giving the reservable property to only one reserve
it did not pass into the hands of strangers, nevertheless, it is likewise true
that the heiress of the reservor was only one of the reservees and there is
no reason founded upon law and justice why the other reservees should be
deprived of their shares in the reservable property.
 Encumbrance created by the Reserva
o The reserva restrains the ability of the reservor to dispose the
reservable property in account of his statutory obligation to
return it to the reservees upon the fulfillment of the double
resolutory conditions.
o The burden created by the reserva will follow the reservable
property, such that every transferee deriving title from the
reservor, with actual or constructive notice of the reservable
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
nature of the property, is subject to the double resolutory Disinheritance (915-923)
conditions.
o As a rule, the obligation to return the property to the reservees  Requisites of a valid disinheritance: (915-917)
cannot be fulfilled in any other manner, such as by paying the (1) Must be a compulsory heir
monetary equivalent thereof, or by delivering a thing of the (2) Must be identified with certainty
same kind and quality. (3) Must be for a cause specified by law
 Sumaya v IAC (4) Must be made in a valid will
(5) Must be express
The reservees are entitled to protect themselves by causing the annotation (6) Must be for a true and certain cause
of their rights as reservees in case of registered immovable, or in case of (7) Must be total
movable property, by demanding that the reservor deliver to them some  The burden of proving the truth of the cause of the disinheritance
security for the return of the reservable property upon the death of the falls upon the heirs of the testator who seek to enforce the
reservor. But, even without registration, the actual or constructive notice disinheritance.
of the reserva by a transferee of the reservable property is sufficient to bind  Void Disinheritance (918)
the latter to the burden constituted by it. o Types of void disinheritance:
 Reserva in Testamentary Succession  Disinheritance without a specification of the cause
o The reserva in this case, refers to the legitime which the  Disinheritance for a cause the truth of which, if
reservor receives by operation of law. contradicted, is not proved
o Two theories to determine the extent that the property is  Disinheritance for a cause not provided by law
reservable: Reserva Maxima and Reserva Minima. o Effects of void disinheritance
 Under reserva maxima, the reservable character of the  Disinheritance is defective
property should be preserved to the maximum extent  Institution of heirs is annulled
possible. In order to achieve this objective, the property  Insofar as it may prejudice the
must, to the maximum extent possible, be allocated to the disinherited heir.
legitime which will pass to the reservor by operation of law.  The purpose of annulling the institution
 Under reserva minima, there is an effort to mitigate the is to make available sufficient assets to
reservable character of the property. This objective is pay the legitime of the ineffectively
achieved by a proportionate allocation of the properties disinherited heir.
between the legitime and the disposable free portion.  May be total or partial
(L/(L+DFP) * Value of the property subject to possible  Legacies and devises may be reduced
reserva i.e. transferred by legitime)  Reduced or abated only if after the
 Extinguishment of the Reserva annulment of the institution of heirs
o Loss of reservable property there are insufficient assets to satisfy the
o Waiver of the reservees legitime of the disinherited compulsory
o Non-survival of the reservees heir.
o Prescription  Grounds for disinheritance
 Carillo v De Paz o Legitimate children and descendants (919)
(1) Attempt on the life of the testator, s, d, and a
This right, if not exercised within the time for recovering real properties, (2) False accusation
can be lost by prescription. The right or cause of action of the reservee (3) Adultery or concubinage
accrues upon the death of the reservor. The suit, having been filed more (4) Fraud or coercion
than 10 years from the death of the reservor, has prescribed. (5) Refusal to give support
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
(6)Maltreatment of the testator o Abandonment of children, inducing to live
(7)Leading a disgraceful life corrupt or immoral lives, and attempting
(8)Civil interdiction against virtue
 Attempt on the life of the testator  Giving consent to adoption does not
 Intent to kill is the critical element, thus, make the parent guilty of
the presence of justifying and exempting abandonment.
circumstances prevents the testator from  In all cases, prosecution nor conviction
disinheriting the compulsory heir on this not necessary.
ground. o Loss of parental authority
 Same with criminal negligence.  Terminated under Art 229 – adoption
 The disinherited heir must be convicted by of child; appointment of a general
final judgment. guardian; judicial declaration of the
 Neither the stage of commission of crime, abandonment of the child; judicial
nor the degree of participation in the crime declaration of absence or incapacity.
are relevant.  May be restored upon
 False accusation rescission of adoption;
 Compulsory heir must make an accusation termination of guardianship;
against the testator judicial restoration,
 For crime punishable by six years or more respectively.
 Court acquits testator and declares  Suspended under Art 230 – upon
accusation to be false. conviction of a crime which carries with
 Refusal to give support it penalty of civil interdiction.
 The ascendant at some time in the past was  Restored upon service of
in need of support sentence, or clemency, or
 The descendant who then was requested to amnesty.
provide it refused to give support  Suspended under Art 231 – treats child
 The refusal to give support to the with excessive harshness or cruelty;
ascendant was unjustified gives child corrupting orders, counsel,
o Legitimate parents and ascendants (920) or example; compels child to beg;
(1) Abandonment of children, inducing to live subject or allows child to acts of
corrupt or immoral lives, and attempting lasciviousness.
against virtue  Whether will or negligently,
(2) Attempt on the life of the testator, s, d, and a upon order of the court in
(3) False accusation appropriate proceedings.
(4) Adultery or concubinage  Permanent under Art 232 – subjects or
(5) Fraud or coercion allows child to be subjected to sexual
(6) Loss of parental authority abuse.
(7) Refusal to give support o Attempt of a parent on the life of the other
(8) Attempt of a parent on the life of the other  Prior conviction by final judgment not
necessary
 WILLS AND SUCCESSION
From the book of Atty. Sebastian
 Child loses right to disinherit upon
reconciliation of parents
 Coincides with ground (2)
 Difference is the necessity of
criminal conviction and
possibility of reconciliation.
o Surviving spouse (921)
(1) Attempt on the life of the testator, d, and a
(2) False accusation
(3) Fraud or coercion
(4) Giving cause for legal separation
(5) Loss of parental authority
(6) Refusal to give support
o Giving cause for legal separation
 Judicial decree of legal separation not
necessary
 Grounds for legal separation (Art 55)
 Physical violence or grossly
abusive conduct towards
spouse or child
 Physical violence or moral
pressure to change religious or
political affiliation
 Attempt to corrupt spouse or
child to prostitution
 Conviction for crime with
punishment of more than 6
years
 Drug addiction or habitual
alcoholism
 Lesbianism or homosexuality
 Contracting a subsequent
bigamous marriage
 Sexual infidelity or perversion
 attempt on life
 abandonment for more than 1
year
o Reconciliation (922)
 Pardon is insufficient, it must be followed by
reconciliation.
 Reconciliation as a fact is established by evidence,
for the court to determine.
 Effects of reconciliation
 Renders disinheritance ineffective
 May be express or tacit
 May still be unworthy to inherit under
1032 under the following common
grounds:
 Attempt on life of testator, s, d, a
 Abandonment, inducement to lead
corrupt lives, attempted against
virtue
 False accusation
 Adultery or concubinage
 Fraud or coercion
o Right of representation may be exercised by the children
and descendants of the disinherited heir (923)
Legacies and Devises (924 -959)
 Burden of legacies and devises
o As a rule, legacies burden the estate.
 Exception: the testator may impose the burden of
paying the legacies and devises upon a particular heir,
legatee, devisee. (925)
 Charges 1 heir: he alone shall be bound
 Not anyone in particular: all shall be liable
proportionately
o If heirs take possession of the estate, which is unauthorized
prior to distribution of estate, they shall be liable solidarily
in case of loss or destruction (927)
o In case the legacy or devise is generic, the heir bound to
deliver makes a warranty of his title and right of and to
possession to the thing to be delivered. (928)
 Bequeath by testator of things not belonging to him
o If testator partly owns the thing: the legacy or devise
understood to be limited to that part belonging to him (929)
 Except if testator expressly declares he gives it
entirely:
 If by mistake: 930 applies, the legacy or devise is
void with respect to the part not belonging to him.
 WILLS AND SUCCESSION
From the book of Atty. Sebastian

 If testator knows he only owns part: implied

instruction to acquire the interest of the 3rd party.
(929)
o If made upon the mistaken belief that it belongs to him, the
legacy or devise is void.
 Subsequent acquisition by testator validates the
disposition only if testator was unaware it did not
belong to him. (930)
o If testator knows it does not belong to him, the heir upon
whom the obligation is imposed or the estate must acquire
it and give the same to the legatee or devisee.
 If the owner refuses to sell or demands an excessive
price, the heir shall be obliged to give the just value of
the thing. (931)