1

I. Grounds for the Disallowance of a Will (Art. 839)

A. Jurisdiction of the Probate Court; Effects of Judgment  Want of Capacity

 Non-compliance with formalities

B. Extrinsic v Intrinsic Validity  Vice of Consent (See Arts. 1331, 1335, 1337 and 1338)

9. Institution of Heirs (Arts. 840 – 856)

C. Issue of Ownership

D. Exception to the Scope of Inquiry A. Concept of Institution (Art. 840)

 Requisites

E. Types of Probate
 Ante-mortem Probate B. Institution of Heirs not Necessary (Art. 841)

 Post-mortem Probate

 Reprobate of a Will C. Complete Distribution of the Estate not Necessary

F. Presentment of the will

D. Freedom to Dispose the Estate (Art. 842)

 Limitations on the Power of the Testator to Dispose his Estate

G. Probate of a Lost Will

E. Designation of Heirs (Arts. 843, 844, and 845)

H. Secondary Evidence of a Lost Will

F. Rule of Equality (Arts. 846 and 848)

 2

G. Collective Institution (Art. 847)  Preterition is Governed by the National Law of the Decedent

 Where Omission is not total (Art. 855)

M. Representation in Testamentary Succession (Art. 856)

H. Simultaneous vs. Successive Institution (Art. 849)

10. Substitution of Heirs (Arts. 857 – 870)

I. Institution Based on a False Cause (Art. 850)

A. Definition of “substitution” and its deficiency

J. Causes of Partial Intestacy (Art. 851)

B. Objective of Substitution

K. Adjustments of Shares (Arts. 852 and 853)

A. Types of Substitution
 Simple substitution; grounds (Art. 859)

L. Preterition (Art. 854)

 Statutory Protection of the Legitime (Arts. 854, 906 and 1061)  Brief and Compendious (Art. 860)

 Requisites of Preterition
 Reciprocal (Art. 861)
 Total Omission

 Omitted Compulsory Heir in the Direct Line  Substitution among Voluntary and Compulsory Heirs

 Distinction between Preterition and Ineffective Disinheritance

 Fideicommissary (Art. 863)
 Requisites
 Effects of Preterition

 Preterition as an Issue of Substantive Validity of the Will  Policy on Successive Institutions

 3

 Distinguished from a testamentary trust  Time of Impossibility

 Meaning of one degree apart  Condition not to Marry (Art. 874)

 Duty to preserve and to transmit  Disposition captatoria (Art. 875)

 Limitations (Arts. 864 and 865)

 Purely Potestative (Art. 876)

 Acquisition of ownership (Art. 866)  Time of compliance

 Prohibited stipulations (Art. 867)

 Casual and Mixed Conditions (Art. 877)
 Time of fulfillment
 Nullity of substitution (Art. 868)

 Prohibition to Alienate Property (Art. 870;  Potestative (Art. 879)

 Negative Potestative; caucion muciana
11. Conditional Testamentary Dispositions and Testamentary Dispositions
with a Term (Arts. 871 – 885)

E. Institution with a Term (Arts. 878 and 885)

 Suspensive Term; effect

A. Definition of Condition (See Arts. 1179, 1182, 1184, 1185, 1186,
1187)  Resolutory Term; effect

F. Disposition of Property Prior to the fulfillment of a Suspensive

B. Definition of a Term (See Arts. 1193) Condition or Term (Arts. 880, 881 and 885)

G. Modal Institution (Art. 882)

C. Exclusion of the Legitime (Art. 872)
 Analogous Compliance (Art. 883)

 Prevention Principle
D. Different Types of Conditions
H. Modal and Conditional Institutions Compared
 Impossible (Art. 873; see also Art. 1183)
------- END OF BATCH 1 ---------
 Effect
 4

12. Legitime (Arts. 886 – 914)

 Reservor’s title to the Reservable Property
A. Definition of Legitime (Art. 886)
 Inclusion into the Institution  Reservor as a conditional heir

 Fulfillment of the double resolutory condition
B. Compulsory Heirs and their Classification (Art. 887)  The Reservees
 Qualification under Art. 992
 Legitimacy is required
 Classification of Illegitimate Children (Art. 165, Family Code)

 Determination of the reserves

C. Legitime of Legitimate Children and Legitimate Descendants (Art.  Distribution of the reservable property (reserva integral and
888) delayed intestacy)
 Representation of legitimate descendants

 Exclusion of ascendants  The right of representation

  Rule of Equal Division

D. Legitimate Parents and legitimate ascendants (Art. 889)

 Accdidental Transfer of Property nor Required
 Consolidation of legitime to surviving parent (Art. 890)
 The Encumbrance on the Reservable Property

 Division per stirpes among legitimate ascendants (Art. 890)

 Reserva Minima and Reserva Maxima
E. Reserva Troncal (Art. 891)
 Extinguishment of the Reserva
 History of the reservas
F. Legitime of the Surviving Spouse
 Objective of the reserve  Concurring with one or more legitimate children (Art. 892)

 Source of the legitime of the spouse (Art. 892)

 The Origin and the First Transmission of Title
 Treatment of Simulated Sales
 Effect of Divorce
 The Prepositus and his power to thwart the reserve
 Effects of Legal Separation (Art. 63, Family Code)

 The Reservor and the Second Transmission of Title

 Transmission of title to the Reservor

 Effects of Marriages Terminated by Judicial Decree (Arts. 40, 41,
42, 43 and 50, Family Code)
 Concurring with legitimate parents or legitimate ascendants (Art.
893)
 Concurring with illegitimate children (Art. 894)
 Preference of Spouse over Illegitimate Children
 Sufficiency of the Hereditary Estate; reduction of legitime
 Inheriting alone (Art. 900)
G. Illegitimate Children
 Concurring with legitimate parents or legitimate ascendants (Art.
896)
 Concurring with legitimate children and surviving spouse (Art. 897)
 Concurring with legitimate parents or legitimate ascendants and
spouse (Art. 899)
 Inheriting alone (Art. 901)
 Right of Representation of Illegitimate Children (Art. 902)
 Discriminatory Effect of Art. 992
H. Illegitimate Parents (Art. 903)
13. Disinheritance (Arts. 915 – 923)
A. Concept and Scope of Disinheritance (Art. 915)
B. Requisites of a Valid Disinheritance (Art. 916)
 Proof of ground for disinheritance (Art. 917)
5
C. Ineffective Disinheritance; effect (Art. 918)
 Recovery under a void disinheritance
D. Grounds to Disinherit a Child or Descendant (Art. 919)
 Attempt on the Life; scope and exclusions
 Necessity of conviction by final judgment
 Degree of participation (See Arts. 16, 17, 18 and 19, Revised
Penal Code)
 False Accusation
 Direct and Indirect Accusation
 Necessity of Definitive Acquittal
 Adultery and Concubinage
 Necessity of Conviction by final judgment
 Fraud or Coercion (See Arts. 1335, 1337 and 1338)
 Necessity of Executing a New Will
 Refusal to Give Support (See Arts. 194, 195, 201 and 202, Family
Code)
 Maltreatment of the Testator
 Leading a Disgraceful Life
 Civil Interdiction (See Art. 41, Revised Penal Code)
E. Grounds to Disinherit a Parent or Ascendant (Art. 920)

 Abandonment of Children, concept (See Art. 276 Revised Penal
Code)
 Inducing the Child to Live a Corrupt or Immoral Life
 Attempt on their Virtue
 Loss of Parental Authority (See Arts. 229, 230, 231, 232, Family
Code)
 Recovery of Parental Authority; effect
 Attempt of a Parent on the Life of the Other
 Non-necessity of Prior Conviction
 Effect of Reconciliation between the Parents
 Conflict with Paragraph 2 of Art. 920
F. Grounds to Disinherit a Spouse
 Giving Cause for Legal Separation (See Art. 55, Family Code)
 Effect of Reconciliation
G. Grounds Common to Disinheritance and Incapacity by Reason of
Unworthiness
 Obliterating the effect of Disinheritance (Art. 922); Unworthiness
(Art. 1033)
H. Representation of the Disinherited Heir (Art. 923)
14. Legacies and Devises (Arts. 924 – 959)
A. Concept of Legacies and Devises (Art. 924)
B. Burden of Legacies and Devises (Art. 925)
6
C. Individual and Collective Responsibility for Legacies and Devises
(Art. 926)
D. Responsibility for the Loss of the thing (Art. 927)
E. Warranty for Generic Legacies and Devises (Art. 928)
 For eviction
 For hidden defects (See Art. 1547)
F. Legacies and Devises as to the Extent of the Ownership of the
Testator
 Gift of Property Partly Owned by the Testator (Art. 929)
 Gift of Property Erroneously Believed by the Testator to be his (Art.
930)
 Gift of Property Belonging to Another (Art. 931)
 Limitation on the Obligation to Acquire the Property
 Gift of Property Already Owned by the Legatee or Devisee (Arts.
932 and 933)
G. Legacy of Encumbered Property (Arts. 934 and 946)
H. Legacy of Credit or Remission (Arts. 935, 936 and 937)
 Legacy of Future Credit; Legacy of Remission Involving Future
Debts
 Documentation of Assignment of Credit and Remission of Debts
 Transfer of Accessories
 Extinguishment of the Legacy of Credit
I. Legacy to a Creditor (Art. 938)
 7

 Application of the Legacy to the Credit

B. Preference of Testacy over Intestacy
 Proof of Creditor’s Claim

C. Intestacy Based on the Presumed Will of the Decedent

 Erroneous Order of Payment; Excessive Payment (Art. 939)
D. The Rules of Proximity and Equal Division (Art. 962)
 Order to Pay Natural Obligation (See Art. 1423)
 Exceptions to the Rules of Proximity and Equal Division
J. Alternative Legacies and Devises (Arts. 940, 941, 942 and 943; see
also Arts. 1199 to 1206, inclusive) 2. Relationship (Arts. 963 – 969)

K. Legacy for Education and Support (Art. 944) 3. Right of Representation (Arts. 970 – 977)
 Termination of Support
A. Concept of Representation
L. Legacy of Pension (Art. 945)
B. Availability and Scope
M. Acquisition of Rights to the Legacy or Devise (Art. 947) and to the
Fruits (Arts. 948 and 949) C. Basic Principles of Representation

N. Order of Reduction of Legacies and Devices (no compulsory heirs) D. Representation in the Direct Descending Line (Art. 972)
(Art. 950)

O. Delivery of Legacies and Devises  Representation in the Collateral Line

 Deliver of Accessions and Accessories (Art. 951; see also Art. 440)
 Nephews and Nieces Exclude Uncles and Aunts
 Delivery of Legacy cannot be substituted with payment of its value
(Art. 952)
 Representation of Illegitimate Brothers and Sisters

 Request for Delivery (Art. 953) E. Capacity of the Representative (Art. 973)

 Partly Onerous and Partly Gratuitous Legacies/Devises (Arts. 954 F. Division per stirpes (Art. 974)
and 955)
G. Nephews and Nieces concurring with Uncles and Aunts (Art. 975)
P. Ineffective Legacies and Devises (Arts. 956 and 957)
H. A repudiator may represent but not represented (Art. 976)
Q. Mistake as to the name of the thing (Art. 958)
I. Representation in Testamentary Succession and Intestacy
LEGAL OR INTESTATE SUCCESSION Compared

1. General Provisions (Arts. 960 – 962) 4. Order of Intestate Succession

A. Causes of Intestacy (Art. 960)

 8

A. Principle of Concurrence of Heirs and the Problem in Partial  Illegitimate Children Exclude Brothers and Sisters
Intestacy

 Order of Intestate Succession to a Legitimate Child  Representation of Illegitimate Children (Arts. 989 and 990)

 Order of Intestate Succession to an Illegitimat Child  Concurring with Legitimate Parents and ascendants (Art. 991)
 The Barrier (Art. 992)

 Their Differences  Succession to an Illegitimate Child (Art. 993 and 994)

B. Descending Direct Line (Arts. 978 – 984) E. Surviving Spouse (Arts. 995 – 1002)

 Preference of the Descending Line (Art. 978)  Surviving Spouse as a concurring Intestate Heir

 Successional Rights of the Adopted Child (Art. 979, see also Art.  Qualifications to the succession rights of a Surviving Spouse
189, Family Code)

 Disqualification arising from void and voidable marriages (See

 Children inherit in their own right (Art. 980) Arts. 35, 37, 38, 41. 42, 43, 44, 45, 50, Family Code)

 Right of Representation of Legitimate Descendants (Arts. 981 and

982)

 Legitimate and Illegitimate Children concurring (Art. 983)

 Disqualification by reason of legal separation (See Arts. 55 and 63,
 Estate of an Adopted Child (Art. 984; see Art. 190, Family Code) Family Code)

C. Ascending Direct Line (Arts. 985 – 987)  Non-applicability of Article 900

 Ascendants as secondary intestate heirs (Art. 985)

 Intestate Share and Legitime of the Spouse concurring with one
 Parents as sole intestate heirs (Art. 986) Legitimate Child

 Spouse concurring with Grandchildren

 Succession of other ascendants (Art. 987)

D. Illegitimate Children (Arts. 988 – 994)  Spouse inherits the right of redemption

 Illegitimate Children inheriting alone (Art. 988) F. Collateral Relatives (Arts. 1003 – 1010)

 Illegitimate Children as Concurring Intestate Heirs  Classification of Collateral Relatives

 9

 Successional Rights of Collateral Relatives  Accretion among Compulsory Heirs (Art. 1021)

 Full-Blood and Half-Blood Relationship  Intestacy Following a Failure of Accretion in Testamentary

Succession (Art. 1022)
 Right of Representation of Collaterals
 Accretion among Legatees, Devisees and Usufructuaries (Art.
G. The State (Arts. 1011 – 1014) 1023)
 The State as an Intestate Heir by Default
B. Capacity to Succeed by Will or by Intestacy (Arts. 1024 – 1040)
 Escheat Proceedings (See Section 1, Rule 91, Rules of Court)
 Capacity to Suceed, defined
 Absolute and Relative Incapacity
 Beneficiary of the Estate  Incapacity in Testamentary and Intestate Succession

 Reversion of the Estate  Existence as basis of capacity; exceptions (Art. 1025; see also Art.
41)
5. Provisions Common to Testate and Intestate Succession

A. Right of Accretion (Arts. 1015 – 1023)  Dispositions in favor of Juridical Entities; exception granted to
certain unincorporated entities (Art. 1026)
 Causes of Vacancy in the Inheritance; Testamentary and Intestate
Succession C. Incapacity Arising from Possible Undue Influence (Art. 1032)

 Remedies for filling the Vacancy in Testamentary and Intestate  The Priest and Minister of the Gospel; requisites
Succession  When incapacity may not be invoked
 Necessity of Economic Benefit
 Partial Exemption for Compulsory Heirs
 Definition of the Right of Accretion (Art. 1015)  Relatives of the Priest
 Omission of the wife or mistress
 Prohibition of Accretion  The Guardian
 Renunciation of Accretion
 Requisites of Accretion  Basis of Guardianship (See Arts. 38 and 39)
 Concept of “earmarking” (Art. 1017)

 Element of co-ownership  Legal (Art. 209, Family Code) and Judicial Guardians (Section 1,
 Accretion in Intestacy (Art. 1018) Rule 93, Rules of Court) Distinguished

 Proportionate Sharing of Accrued Property (Art. 1019)  Meaning of “final accounts”

 Accretion carries with it the Obligations (Art. 1020)  The Attesting Witness (See Art. 823)
 10

 Arts. 823 and 1027 distinguished  Prescriptive Period for the Declaration of Incapacity and Recovery
of Property (Art. 1040)

 The Healthcare Providers I. Acceptance and Repudiation of the Inheritance (Arts. 1041 – 1057)

 Continuity of Services  A free and voluntary act (Art. 1041

 Extension of the Disqualification
 Time of the Execution of the Will  Irrevocability of choice (Art. 1056)
 Compulsory Heirs are not covered by the disqualification  Effect of Vice of Consent
 Exclusion of payment of debts
 Time to accept or to repudiate (Art. 1057)
D. Incapacity by Reason of Morality or Public Policy (Art. 1028 in
relation to Art. 739)
 Retroactivity; reason therefor (Art. 1042)
E. Disposition for Pious Works (Art. 1029)
 Requisites of Acceptance or Repudiation (Art. 1042)
F. Disposition for the Poor in General (Art. 1030)

G. Disposition in Favor of a Disqualified Person (Art. 1031)  Capacity to Accept or Repudiate (Art. 1043)

H. Incapacity by Reason of Unworthiness (Art. 1032)  Acceptance in a Representative Capacity (Art. 1044
 Incapacity as a Form of Penalty  Dispositions in favor of the poor in general

 Causes of Incapacity concurring as Grounds for Disinheritance  Dispositions in favor of juridical entities (Art. 1045)
 Violations of the Testamentary Privilege
 Condonation of Unworthiness (Art. 1033)
  Dispositions in favor of public official establishments (Art. 1046)
 Effect of Condonation
 Judging the Capacity of an Heir (Art. 1034)  Rule with respect to married women (Art. 1047)

 Representation of the Incapacitated Heir (Art. 1035)
  Rule with respect to deaf and deaf mutes (Art. 1048)
 Acts of the Incapacitated Heir prior to Declaration of Incapacity
(Art. 1036)  Types of Acceptance (Arts. 1049 and 1050)
 Indemnity Rights of an Incapacitated Heir (Art. 1037; See also
Arts. 546, 547 and 548)
 Form of Repudiation (Art. 1051)

 Unauthorized Possession of the Property by an Incapacitated Heir  Right of Creditors to accept a repudiated inheritance (Art. 1052)
(Art. 1038)

 Capacity is Governed by the National Law of the Decedent (Art.  Transferability of the right to accept or to repudiate (Art. 1053)
1039)

 Repudiation as testate/intestate heir (Art. 1055)
J. Executors and Administrators (Arts. 1058 – 1060)
 See Rules 78 to 85, Rules of Court
K. Collation (Arts. 1061 – 1077)
L.
 An integrated solution
 Objectives
 Preservation of Legitime (See Arts. 750 and 752;
 Equalization of shares
 Two concepts of collation
 Notional accounting process (see Art. 1071)
 Physical return of the property (See Art. 1075. See also Arts.
771, 911 and 912)
 Dispensing of collation (Art. 1062)
 Spouse never collates (Art. 87, Family Code)
 Donations subject to collation
 Testamentary dispositions not subject to collation (Art. 1063)
 Obligation of grandchildren to collate (Art. 1064)
 Gift to Children not collationable by the parents (Art. 1065)
 Donations to in-laws (Art. 1066)
 Expenses for support not collationable (Arts. 1067 and 1068;
see also Arts. 194, 195 and 196, Family Code)
 Other expenses collationable (Art. 1069)
 Collation of wedding gifts (Art. 1070)
 Collation of gifts made by joint donors (Art. 1072)
 Qualitative equality among heirs (Arts. 1073 and 1074)
 Reimbursement obligation in case of physical return of the
property (Art. 1076)
M. Partition and Distribution of the Estate
 Partition (Arts. 1078 – 1090)
 Co-ownership among co-heirs (Art. 1078; see also Arts. 484 and
494)
 Definition of partition (Art. 1079)
 Who may effect a partition (Arts. 1080 and 1081)
 Partition inter vivos
 Partition in a different form (Art. 1082)
 Right to demand partition (Art. 1083; see also Art. 494)
 Effect of a suspensive condition (Art. 1084)
11
 Qualitative equality (Art. 1085)
 Partition of an indivisible thing (Art. 1086)
 Reimbursement of costs and benefits (Art. 1087; see also Arts.
485 and 488)
 Right of redemption (Art. 1088; see also Arts. 1619, 1630 and
1623)
 Effects of Partition (Arts. 1091 – 1096)
 Dissolution of co-ownership (Art. 1091)
 Warranty of title and of hidden defects (Art. 1092)
 Insolvency of an indemnitor (Art. 1093; see also Art. 1217)
 Prescriptive period for the enforcement of warranty (Art. 1094)
 Insolvency of debtor in a legacy of credit (Art. 1095)
 Exclusions to the warranties (Art. 1096)
 Rescission and Nullity of Partition (Arts. 1097 – 1105)
 Annulment of partition (Art. 1097)
 Rescission in contract law (see Arts. 1191, 1381, 1383, 1384,
1385 and 1389)
 Void partition
 Partial nullity of partition (Art. 1105)
 Rescission of partition on account of lesion (Art. 1098)
 Limitation is the testator made the partition (Art. 1099)
 Prescriptive period for invoking rescission (Article 1100)
 Option of the heir sued for rescission (Art. 1101)
 Limitation on the right to ask for rescission (Arts. 1102, 1103,
1104)