Succession JY Notes Pre-Mid (Mod 1-4)

Sources: Civil Code Volume 3 Succession by Paras, Comments & Jurisprudence on Succession by Jurado, Atty Gravador’s Discussion
& Slides, Personal case digests, EH405 2020 Case Digests, EH 402 2019 Case Digests
BASIS/FOUNDATION
General Provisions

 Theory Based on the Right to Private Property:

If man has the right to own private property, he has
the power to dispose of such property freely,
Concept & basis imposing such licit terms and conditions as he
of succession might deem convenient. Consequently, he may
distribute them by means of a testament, since a
testament is nothing more than an instrument of
ARTICLE 774. Succession is a mode of acquisition by virtue of which alienation conditioned upon his death.
the property, rights and obligations to the extent of the value of the  This is the basis of testamentary succession
inheritance, of a person are transmitted through his death to another
or others either by his will or by operation of law. but the same principle serves to explain intestate
succession
ARTICLE 712. Ownership is acquired by occupation and by intellectual
creation.
 The will of the decedent is the causal element
Ownership and other real rights over property are acquired and of succession. When it is not expressly
transmitted by law, by donation, by testate and intestate succession, manifested, the law, taking his place, supplies it
and in consequence of certain contracts, by tradition.  The implicit attributes of ownership which
They may also be acquired by means of prescription.
would be imperfect, if a person is not allowed to
dispose of his property, such disposal to take
DEFINITION & CONCEPT effect when he is already dead
 CONCEPT/DEFINITION  Theory Based on the Right of the Family: If the
 General Sense (Broadest Juridical Sense) family is recognized as the heart and soul of society,
 Succession from the latin “sub” and “cedere” the idea of succession must, therefore, revolve
means the placing of one person in the place of around it. Hence, the basis of succession rests upon
another and is defined as the transmission of family co-ownership
rights and properties from one person to  Intestate succession is considered, under this
another theory, as the normal kind of succession, while
 Substitution or subrogation of a person in the testamentary succession is the abnormal or
transmissible rights and obligations of another exceptional kind.
 In this sense, succession may be inter vivos or  Natural law obliges a person to provide for
mortis causa depending upon whether the those he would leave behind
transfer is effective during the lifetime of the  Eclectic Theories: These theories tries to
giver or after his death harmonize the 2 principles － individual and social.
 Technical Sense (Strict Juridical Sense)
The raison d’etre of the right of succession is the
 In this sense, succession is restricted to
harmonious combination of two institutions —
succession mortis causa
private ownership and the family.
 The succession referred to in this title is
 This is so because succession is, after all, but
succession mortis causa.
a mode of perpetuating the right to own private
 It is in this limited sense that succession
property.
denotes the transfer of title to property under
 Consequently, whether we look at it from the
the laws of descent and distribution, taking place
viewpoint of private ownership or the viewpoint
as it does, only on the death of a person.
of the family, the basis or foundation of
 It is a mode of acquisition by virtue of which
succession is the recognized necessity of
the property, rights and obligations to the extent
perpetuating man’s patrimony beyond the limits
of the value of the inheritance, of a person are
of human existence.
transmitted through his death to another or
 A socio-economic postulate which would
others wither by his will or by operation of law
prevent wealth from becoming inactive or
 Mode of Acquisition of Ownership
stagnant
 Succession is one of the modes of acquisition
 This is the basis of the law on succession in
or transmission of ownership
our jursdiction
 Succession is a derivative mode (as opposed
 ELEMENTS
to original mode) of acquiring ownership as this
 Mode of acquisition (or ownership)
would presuppose that there was a previous
owner.
jandiyang SUCCESSION LAW | 1

 Transfer of property, rights, and obligations to  Note: This distinction is important because
the extent of the value of the inheritance of a if a compulsory heir dies ahead of the testator,
person his legitime is inherited by his own child. On
 Transmission through death the other hand, the child of a voluntary heir
 Transmission to another who predeceases or dies ahead of the testator
 By will or by operation of law gets nothing from said testator
 Voluntary Heirs
ARTICLE 775. In this Title, “decedent” is the general term applied to  An heir called to succeed to the whole or an
the person whose property is transmitted through succession,
aliquot part of the disposable free portion of
whether or not he left a will. If he left a will, he is also called the
testator. the hereditary estate by virtue of the will of the
testator
ARTICLE 782. An heir is a person called to the succession either by the
 Devisee
provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and  Person to whom gifts of real property are
personal property are respectively given by virtue of a will. given by virtue of a will
 Legatee
ARTICLE 1026. A testamentary disposition may be made to the State,
provinces, municipal corporations, private corporations, organizations,  Person to whom gifts of personal property
or associations for religious, scientific, cultural, educational, or are given by virtue of a will
charitable purposes.
 TRANSFEREES IN A TESTAMENTARY SUCCESSION
All other corporations or entities may succeed under a will,
 Heir
unless there is a provision to the contrary in their charter or the laws
of their creation, and always subject to the same.  Compulsory Heirs
ARTICLE 1029. Should the testator dispose of the whole or part of his
 Voluntary Heirs
property for prayers and pious works for the benefit of his soul, in  See notes on Heirs above
general terms and without specifying its application, the executor,  Legatee or Devisee
with the court’s approval shall deliver one-half thereof or its proceeds  Notes:
to the church or denomination to which the testator may belong, to
be used for such prayers and pious works, and the other half to the
 Difference between heirs on one hand and
State, for the purposes mentioned in article 1013. legatees and devisees on the other hand
 Heirs are instituted to the whole or to an
SUBJECTS OF SUCCESSION aliquot portion of the properties, rights and
 SUBJECTS OF SUCCESSION obligations (universal title) while a legatee or
 Decedent devisee is given individualized items of
 The person whose estate is to be distributed property (particular title)
or the person whose property is transmitted  There can be heirs in either testate, legal
through succession or mixed succession while legatees and
 Testator: A decedent who left a will devisees exist only in testamentary succession
 Intestate: A decedent who left no will  Importance of distinction between heirs on
 Testator
one hand and legatees and devisees on the
 A decedent who left a will other hand
 Heir
 In case of preterition (Art. 854) an
 An heir is a person called to the succession instituted voluntary heir is void and therefore
whether by provision of a will or by operation of gets nothing while a legatee or devisee still
law gets the property given as ling as the legitime is
 Compulsory Heirs not impaired
 An heir called by law to succeed to a  In case of imperfect or defective
portion of the testator’s estate known as the disinheritance (Art. 918), the effect is to annul
legitime. the institution of heirs to the extent that the
 If a compulsory heir is given more than his legitime of the disinherited heir is prejudiced,
legitime, he assumes a dual status: but legacies and devises shall be valid insofar
 Insofar as his legitime is concerned, he as they are not inofficious.
is a compulsory heir  In case properties are acquired by the
 Insofar as the excess is concerned, he is testator after the execution of the will (Art.
a voluntary heir 793), such properties are not, as a rule,
included among the properties disposed of

unless it should expressly appear in the will  Interest of the family may override the will of the
itself that such was the testator’s intention. It is decedent because of compulsory heirs.
evident that this rule is applicable only to  There is a legitime reserved for the family. A
legacies and devises and not to institution of will cannot impair the legitime
heirs.  The estate passes or devolves to the family
 TRANSFEREES IN A LEGAL SUCCESSION unless the decedent expressly orders otherwise in a

 Legal Heirs will.
 Includes relatives within the 5th degree of  Family covers spouse, ascendants,
consanguinity descendants, and collateral relatives
 Intestate Heirs  The family can not be entirely deprived of the
 Those who inherit by intestate succession estate because of the system of legitime
 JURIDICAL ENTITIES AS HEIRS  Presumption of equality － Within the family,
 General Rule (Arts. 1024): Every person, whether heirs of equal degree/proximity inherit in equal
natural or juridical, can succeed either ex shares
testamento or ab intestato  This is only a general rule, there are
 Juridical Persons Who May Succeed exceptions
 State, provinces, municipal corporations,  The State has a share in the inheritance through
private corporations, organizations taxes

 Associations for religious, scientific, cultural,  The heirs are not liable for the debts of the
educational, or charitable purposes may also estate beyond their share in the inheritance
have the capacity to succeed  Estate is liable for the debts left by the
 Such associations are not juridical persons decedent.
and therefore do not have any juridical  Debts are to be deducted before the heirs can
existence. get their shares
 They are capacitated to succeed not
because they are juridical persons but because ARTICLE 776. The inheritance includes all the property, rights and
Art. 1026 provides so. obligations of a person which are not extinguished by his death.
 Note: Private juridical persons cannot of course ARTICLE 781. The inheritance of a person includes not only the
inherit in legal succession property and the transmissible rights and obligations existing at the
time of his death, but also those which have accrued thereto since the
 DISPOSITION FOR PRAYERS AND PIOUS WORKS
opening of the succession.
(Institution of the Soul) (Art. 1029)
 Requisites
ARTICLE 1311. Contracts take effect only between the parties, their
assigns and heirs, except in case where the rights and obligations
 Disposition is for prayers and pious works arising from the contract are not transmissible by their nature, or by
 Disposition is in general terms stipulation or by provision of law. The heir is not liable beyond the
 Disposition does not specify its application value of the property he received from the decedent.
 Note: If the requisites is not complied with If a contract should contain some stipulation in favor of a third
person, he may demand its fulfillment provided he communicated his
then this article on the 50-50 disposition does acceptance to the obligor before its revocation. A mere incidental
not apply benefit or interest of a person is not sufficient. The contracting parties
 Application: If the requisites are complied with must have clearly and deliberately conferred a favor upon a third
the executor shall deliver person.
 1/2 of the properties to the church or ARTICLE 1429. When a testate or intestate heir voluntarily pays a debt
denomination to which the testator may belong of the decedent exceeding the value of the property which he
received by will or by the law of intestacy from the estate of the
to be used for such prayers and pious works; and deceased, the payment is valid and cannot be rescinded by the payer.
 1/2 to the State
 DISPOSITION FOR PRAYERS AND PIOUS WORKS
ARTICLE 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All rights
(Institution of the Soul) which are not intransmissible may also be the object of contracts.
 Mortis Causa － Succession can not take place No contract may be entered into upon future inheritance except
while the owner is still alive in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
 The heir/successor has a mere expectancy
public order or public policy may likewise be the object of a contract.
right to the property of the decedent, during the
lifetime of the latter

RULES OF COURT, SECTION 5, RULE 86. Claims which must be filed  However, if the heir voluntarily pays a debt
under the notice. - If not filed, barred; exceptions. All claims for
exceeding the value of the property he
money against the decedent, arising from contract, express or implied,
whether the same be due, not due, or contingent, all claims for received from the estate of the decedent, then
funeral expenses and expenses for the last sickness of the decedent, such payment is valid and can no longer be
and judgment for money against the decedent, must be filed within rescinded by the payer (Art. 1429)
the time limited in the notice; otherwise they are barred forever,
 Example: Mr. X died and left P100 million
except that they may be set forth as counterclaims in any action that
the executor or administrator may bring against the claimants. Where worth of properties to his heirs. He also left
an executor or administrator commences an action, or prosecutes an obligations amounting to P120 million
action already commenced by the deceased in his lifetime, the debtor  The heirs will only pay P100 million of
may set forth by answer the claims he has against the decedent,
the P120 million debt since that is the only
instead of presenting them independently to the court as herein
provided, and mutual claims may be set off against each other in such amount left by the decedent as inheritance
action; and if final judgment is rendered in favor of the defendant, the  If the heirs paid P120 million
amount so determined shall be considered the true balance against nonetheless. They can no longer recover
the estate, as though the claim had been presented directly before
the P20 million difference
the court in the administration proceedings. Claims not yet due or
contingent, may be approved at their present value.  General Rule: Obligations are transmissible
 Exceptions:
OBJECTS OF SUCCESSION: INHERITANCE  Obligations that are purely personal
 The objective element of succession is what is  Obligations that are non-transferable by
known as the inheritance. It includes all the property, law or contract
rights and obligations of a person which are not  EXTENT OF INCLUSION OF INHERITANCE (Art. 781)
 Properties at the time of death
extinguished by his death
 Transmissible rights & obligations at the time of
 INCLUSIONS OF INHERITANCE (Art. 776)
 Properties
death
 These includes real and personal properties  Under the principle of relativity contracts
belonging to the estate of the decedent take effect only between the parties, their
 Rights Not Extinguished by Death (Transmissible
assigns and heirs, except in case where the rights
Rights) and obligations arising from the contract are not
 Examples: transmissible by their nature, or by stipulation or
 Right to bring or continue an action for by provision of law.
 Property and rights which may have accrued
forcible entry or unlawful detainer
 Right to compel the execution of a to the hereditary estate since the opening of the
document necessary for convenience succession
 Right to continue a lease contract either as  Since such property or right which may have
lessor or lessee, unless otherwise provided in accrued to the hereditary estate since the
the contract opening of the succession is subject to the
 Note: Rights extinguished by death are those payment of the debts of the decedent, in the
intransmissible personal rights and therefore same way as any existing property or
do not form part of the inheritance, such as: transmissible right originating from such
 Those pertaining to family rights decedent, and since what will actually be
 Marital and parental authority distributed to the persons who are called to the
 Support inheritance either by will or by operation of law
 Action for legal separation will be the net remainder or residue of the
 Partnership estate, therefore, we must include in the
 Agency inheritance all property and transmissible rights
 Life annuity which may have accrued thereto since the
 Right to claim acknowledgement or opening of the succession.
recognition as a natural child  The accretions or accessions are not strictly
 Right to hold public or private office or job inherited for they form part of the estate only
 Obligations Not Extinguished by Death
after the heirs become the owners thereof;
 Extent: The obligations transmitted to the hence, properly speaking, they are acquired by
heirs will only be to the extent of the value of accretion (as an incident of ownership under the
the inheritance received by them (Art. 1311) LAW), not by succession

TRANSMISSIBLE RIGHTS & OBLIGATIONS


 See previous notes CASES

 RIGHTS AND OBLIGATIONS EXTINGUISHED BY
DEATH Transmissible rights and obligations
 See previous notes
 RESTRICTIONS (STATUTE ON NON-CLAIMS) ALVAREZ vs. IAC

(Section 5, Rule 86, ROC) G.R. No. 68053, May 7, 1990
 Coverage:
 All claims for money against the decedent, FACTS: The case involves 2 parcels of land which were
arising from contract, express or implied, registered in the name of the heirs if Yanes.
whether the same be due, not due, or Yanes was survived by her 3 children. Private
contingent respondent in this case, are the children of the heirs of
 All claims for funeral expenses and expenses Yanes.
for the last sickness of the decedent PR never visited the land since Japanese times but
 Judgment for money against the decedent after liberation they went there to went there to get
 When Claims Should be Filed: It must be filed
their share of the sugar produced therein only to be
within the time limited in the notice which shall not informed that Santiago, Fuentabella and Alvarez were in
be more than 12 months nor less than 6 months possession of the land.
after the date of the first publication It was found that a TCT of the land was issued in
 Effect of Non-fling of Claims
the name of Santiago who later on sold it to Fuentabella
 General Rule: It shall be barred and upon Fuentabella’s death and during the settlement
 Exception: A creditor barred by a statute of of his estate the land was finally sold to Alvarez.
non-claims may file a claim as counter claim in PR filed a complaint against Santiago, Fuentabella,
any suit that the executor or administrator may and Alvarez and the ROD for the return of the
bring against such creditor ownership and possession of the land, as well as the
 Note: Monetary claim cannot be enforced accounting of its fruits.
directly against the heirs but must be claimed During the pendency of the case, Alvarez sold the
against the estate land to Siason who were then issued a TCT.
 SALE OR DEALINGS OF FUTURE INHERITANCE (Art.
Siason was considered to be a buyer in good faith
1347) by the court, so the court ordered the heirs of Alvarez
 General Rule: No contract may be entered into
(after the death of Alvarez) to pay the heirs of Yanes the
upon future inheritance except in cases expressly value of the land plus damages.
authorized by law. Petitioners disclaim the liability contending that it
 Sale of rights to future inheritance is void should be the sole liability of their predecessor Alvarez
 This precept or principle is based on the fact or his estate, after his death.
that the object of a contract should exist at the
moment of its celebration or, at least, it can exist ISSUE: WON the heirs of Alvarez are liable for the
in the future. obligations of their predecessor YES
 Exception: When expressly authorized by law
 Art. 130: Future spouses may give or donate RULING: The doctrine in this jurisdiction is the generally
to each other in their marriage settlements their the rights and obligations of the deceased is
future property to take effect upon the death of transmissible to his legitimate children and heirs.
the donor and to the extent laid down by the The binding effect of contracts upon the heirs of
provisions of the Civil Code relating to the deceased party is not altered by the provision of our
testamentary succession. Rules of Court that money debts of a deceased must be
 Art. 1080: Should a person make partition of liquidated and paid from his estate before the residue is
his estate by an act inter vivos, or by will, such distributed among said heirs ( Rule 89). The reason is
partition shall be respected, insofar as it does that whatever payment is thus made from the estate is
not prejudice the legitime of the compulsory ultimately a payment by the heirs or distributees, since
heirs. the amount of the paid claim i n fact diminishes or
reduces the shares that the heirs would have been
entitled to receive.

Petitioners being the heirs of the late Rosendo successional rights were transmitted to them from the
Alvarez, they cannot escape the legal consequences of moment of death of the decedent, Dr. Jorge Rabadilla.
their father's transaction, which gave rise to the present Under Article 776 of the New Civil Code,
claim for damages. That petitioners did not inherit the inheritance includes all the property, rights and
property involved herein is of no moment because by obligations of a person, not extinguished by his death.
legal fiction, the monetary equivalent thereof devolved Conformably, whatever rights Dr. Jorge Rabadilla had by
into the mass of their father's hereditary estate, and we virtue of subject Codicil were transmitted to his forced
have ruled that the hereditary assets are always liable i heirs, at the time of his death. And since obligations not
n their totality for the payment of the debts of the extinguished by death also form part of the estate of
estate. the decedent, corollarily, the obligations imposed by
It must, however, be made clear that petitioners the Codicil on the deceased Dr. Jorge Rabadilla, were
are liable only to the extent of the value of their likewise transmitted to his compulsory heirs upon his
inheritance. Petitioners’ admitted that there are other death.
properties left by the deceased which are sufficient to In the said Codicil testatrix Aleja Belleza devised
cover the amount adjudged in favor of PR. Lot No. 1392 to Dr. Jorge Rabadilla, subject to the
condition that the usufruct thereof would be delivered
JOHNNY RABADILLA vs. CA to the herein private respondent every year. Upon the
G.R. No. 113725, June 29, 2000 death of Dr. Jorge Rabadilla, his compulsory heirs
succeeded to his rights and title over the said property,
FACTS: In a Codicil appended to the Last Will and and they also assumed his (decedent’s) obligation to
Testament of testatrix Aleja Belleza, Dr. Jorge Rabadilla deliver the fruits of the lot
predecessor-in-interest of the herein petitioner, Johnny involved to herein private respondent. Such obligation
S. Rabadilla, was instituted as a devisee of 511,855 of the instituted heir reciprocally corresponds to the
square meters of that parcel of land. right of private respondent over the usufruct, the
Maria Marlena Coscolluela y Belleza Villacarlos fulfillment or performance of which is now being
brought a complaint against the heirs of Dr Jorge demanded by the latter through the institution of the
Rabadilla to enforce the provisions of said Codicil. She case at bar. Therefore, private respondent has a cause
alleged the following violations: of action against petitioner and the trial court erred in
1. Lot No. 1392 was mortgaged i n disregard of the dismissing the complaint below.
testatrix’s specific instruction to sell, lease,or mortgage
only to the near descendants and sister of the testatrix. Rights and obligations extinguished by death
2. Defendant-heirs failed to comply with their
obligation to deliver one hundred (100) piculs of sugar NHA vs. ALMEIDA
to plaintiff. G.R. No. 162784, June 22, 2017
ISSUE: WON the CA erred in ordering the reversion of FACTS: Land Tenure Administration (LTA) awarded to
Lot 1392 to the estate of the testatrix Aleja Belleza on Margarita Herrera several portions of land with her
the basis of paragraph 6 of the Codicil, and i n ruling children as her heirs. The first child, Beatriz
that the testamentary institution of Dr. Jorge Rabadilla Herrera-Mercado, predeceased her mother and left
is a modal institution within the purview of Article 882 heirs. When the mother passed away, the other
of the New Civil Code NO remaining child, Francisca Herrera, filed Deed of
Self-Adjudication claiming to be the exclusive and
RULING: It is a general rule under the law on succession remaining heir of the deceased, which was based on a
that successional rights are transmitted from the Sinumpaang Salaysay of the latter.
moment of death of the decedent and compulsory heirs The heirs of the first child filed an annulment of
are called to succeed by operation of law. The the Deed of Self-Adjudication which was declared null
legitimate children and descendants, in relation to their and void by the Court of First Instance. On the other
legitimate parents, and the widow or widower, are hand, the living child of Herrera filed an application with
compulsory heirs. Thus, the petitioner, his mother and National Housing Authority (NHA) to purchase the same
sisters, as compulsory heirs of the instituted heir, Dr. lots which was granted by the same. This was affirmed
Jorge Rabadilla, succeeded the latter by operation of by the Office of the President. When Francisca Herrera
law,without need of further proceedings and the died, her heirs executed an extrajudicial settlement of

her estate, approved by NHA and directed the heir of RULING: The solidary guarantor’s liability is not
Beatriz Herrera-Mercado the leave the property. extinguished by his death, and Luzon Surety Co. had the
In RTC, they raised that the Deed of right to file against the estate a contingent claim for
Self-Adjudication was declared of nullity since the other reimbursement.
heirs were disregarded. The heirs of Francisca Herrera Succession is a mode of acquisition by virtue of
countered that the transfer of the purchase of the which the property, rights and obligations to the extent
subject lots was valid since there was consideration paid. of the value of the inheritance of a person are
RTC set aside the decision of NHA and Office of the transmitted through his death to another or others
President, declaring the Deeds of Sale to be null and either by his will or by operation of law. The inheritance
void. This was affirmed by CA. includes all the property, rights and obligations of a
person which are not extinguished by his death.
ISSUE: Was NHA correct in its resolution in granting the The binding effect of contracts upon the heirs of
application of the purchase of lots by F. Herrera NO the deceased party is not altered by the provision in the
Rules of Court that money debts of a deceased must be
RULING: The Sinumpaang Salaysay of Margarita Herrera liquidated and paid from his estate before residue is
was in fact a will which effectivity commences at her distributed among said heirs.
time of death which means that all her interests as a The reason is that whatever payment is thus
person should cease to be to hers and shall be in the made from the estate is ultimately a payment by the
possession of her estate until transferred to the heirs by heirs and distributes, since the amount of the paid claim
virtue of Art. 774: “Succession is a mode of acquisition in fact diminishes or reduces the shares that the heirs
by virtue of which property, rights and obligations to would have been entitled to receive.
the extent of the value of the inheritance, of a person The general rule is that a party’s contractual
are transmitted through his death to another or others rights and obligations are transmissible to the
either by his will or by operation of law.” successors. The contracts of suretyship entered into by
Margarita Herrera is under a contract to sell with Hemady in favor of Luzon Surety Co. not being rendered
NHA such that upon her death, this obligation does not intransmissible due to the nature of the undertaking,
cease since it is transmissible either by will or by nor by the stipulations of the contracts themselves, nor
operation of law. NHA cannot make another contract to by provision of law, his eventual liability thereunder
sell to other parties since the property was already necessarily passed upon his death to his heirs.
initially paid for by the decedent. What NHA should The nature of the obligation of the surety or
have done was to consider the estate of the decedent guarantor is to reimburse the money whether made by
as the next person to fulfill the obligation to pay the Hemady himself or by someone else on his behalf, so
remaining purchase price. NHA should have been alert long as the money was paid to it. As to stipulation,
to note that there are other heirs to the interests and under the law a person who enters into a contract is
properties of the decedent who may claim the property deemed to have contracted for himself and his heirs
after testate or intestate proceedings. and assigns, it is unnecessary for him to expressly
stipulate to that effect; hence his failure to do so is no
ESTATE OF HEMADY vs. LUZON SURETY sign that he intended his bargain to terminate upon his
G.R. No. L-8437, November 28, 1956 death. As to intransmissibility by operation of law, the
provision makes reference to those cases where the law
FACTS: Luzon Surety Co. filed a claim against the Estate expresses that the rights or obligations are extinguished
of K.H. Hemady based on 20 different agreements or by death, as is the case in legal support, parental
counterbonds wherein the deceased was a surety authority, usufruct, contracts for a piece of work,
solidary guarantor for various principals. The court partnership, and agency. By contract, the articles of the
dismissed the claims on the ground that the premiums Civil Code that regulate guaranty or suretyship contain
due and the cost of documentary stamps were not no provision that the guaranty is extinguished upon the
contemplated by the indemnities and that whatever death of the guarantor or the surety.
losses may occur after Hemady’s death are not
chargeable to his estate because upon his death he
ceased to be a guarantor.
ISSUE: Is the estate of Hemady liable for the bonds YES

REYES vs. RTC ARTICLE 1347. All things which are not outside the commerce of men,
G.R. No. 165744, August 11, 2008 including future things, may be the object of a contract. All rights
which are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance
Note: Not assigned in the syllabus but discussed during except in cases expressly authorized by law.
class. All services which are not contrary to law, morals, good
Inheritance of Shares of Stock customs, public order or public policy may likewise be the object of a
contract.
Simply stated, the transfer of title by means of
succession, though effective and valid between the ARTICLE 1461. Things having a potential existence may be the object
parties involved (i.e. between the decedent’s estate and of the contract of sale.
The efficacy of the sale of a mere hope or expectancy is
her heirs), does not bind the corporation and third deemed subject to the condition that the thing will come into
parties. The transfer must be registered in the books of existence.
the corporation to make the transferee-heir a The sale of a vain hope or expectancy is void.
stockholder entitled to recognition as such both by the ARTICLE 130. The future spouses may give each other in their
corporation and by third parties. marriage settlements as much as one-fifth of their present property,
Application of this rule: Shares of stock pertains to and with respect to their future property, only in the event of death,
to the extent laid down by the provisions of this Code referring to
undivided interest
testamentary succession.
In the present case, each of Anastacia’s heirs holds
only an undivided interest in the shares. The interest, at ARTICLE 131. The donor by reason of marriage shall release the
property donated from mortgages and all other encumbrances upon
this point, is still inchoate and subject tot he outcome of the same, with the exception of easements, unless in the marriage
a settlement proceeding; the right of the heirs to settlements or in the contracts the contrary has been stipulated.
specific, distributive shares of inheritance will not be
determined until all the debts of the estate of the OPENING OF SUCCESSION
decedent are paid. In short, the heirs are only entitled  WHEN OPENED (Art. 777)
to what remains after payment of the decedent’s debts; General Rule: The rights to the succession are
whether there will be residue remains to be seen. transmitted from the moment of the death of the
However, if the shares pertain to definite and specific decedent
number of shares, registration in the corporate books  Exceptions:
is not required  Article 50 of the Family Code
We note, in relation with the above statement,  Article 51 of the Family Code
that in Abejo vs. Dela Cruz and TCL Sales Corporation vs.
 Note: See notes on Presumptive Death －
Court of Appeals, we did not require the registration of
Exceptions to the Rule on Right to Legitime
the transfer before considering the transferee a
Effective Upon Death
stockholder of the corporation (in effect upholding the
 CONDITIONS FOR TRANSMISSION OF
existence of an intra-corporate relation between the
SUCCESSIONAL RIGHTS (OPENING OF SUCCESSION)
parties and bringing the case within the jurisdiction of
 There has been a death either actual or
the SEC as an intra-corporate controversy). A marked
presumed
difference, however, exists between these cases and
 That the rights or properties are indeed
the present one.
transmissible or descendible
In Abejo and TCL Sales, the transferees held
 That the transferee is still alive, willing, is
definite and uncontested titles to a specific number of
capacitated to inherit
shares in the corporation; after the transferee had
 The transferee must not predeceased the
established prima facie ownership over the shares of
decedent
stock in question, registration became a mere formality
 The transferee accepts succession or there
in confirming their status as stockholders. In the present
must be no repudiation
case, each of Anastacia’s heirs holds only an undivided
 He must be capacitated to inherit
interest in the shares
 ACQUISITION OF POSSESSION THROUGH
ARTICLE 777. The rights to the succession are transmitted from the SUCCESSION (Art. 533)
moment of the death of the decedent.  Inheritance is Accepted
ARTICLE 533. The possession of hereditary property is deemed  The possession of the hereditary property is
transmitted to the heir without interruption and from the moment of deemed transmitted without interruption from
the death of the decedent, in case the inheritance is accepted.
the moment of death of the decedent
One who validly renounces an inheritance is deemed never to
have possessed the same.

 Inheritance is Repudiated or Renounced Family Code, ARTICLE 50. The effects provided for in paragraphs (2),
(3), (4) and (5) of Article 43 and in Article 44 shall also apply in proper
 Deemed to have never possessed the
cases to marriages which are declared void ab initio or annulled by
hereditary property final judgment under Articles 40 and 45.
 CONTRACTS ON FUTURE INHERITANCE (Art. 1347, The final judgment in such cases shall provide for the
130) liquidation, partition and distribution of the properties of the spouses,
the custody and support of the common children, and the delivery of
 See previous notes on Sale or Dealing of Future
their presumptive legitimes, unless such matters had been
Inheritance adjudicated in previous judicial proceedings.
 RIGHTS OF HEIR TO THE INHERITANCE All creditors of the spouses as well as of the absolute
 Prior to a person’s death community or the conjugal partnership shall be notified of the
proceedings for liquidation.
 His heirs merely have an inchoate right to his
In the partition, the conjugal dwelling and the lot on which it is
property. Therefore, during his lifetime, the heirs situated, shall be adjudicated in accordance with the provisions of
have no right of disposition or alienation over Articles 102 and 129.
said properties. Family Code, ARTICLE 51. In said partition, the value of the
 After death presumptive legitimes of all common children, computed as of the
 The heirs own the property, subject to the date of the final judgment of the trial court, shall be delivered in cash,
decedent’s liabilities. They possess an absolute property or sound securities, unless the parties, by mutual agreement
judicially approved, had already provided for such matters.
right and therefore, they may dispose of the The children or their guardian, or the trustee of their property,
same, and this is so, even if, in the meantime, may ask for the enforcement of the judgment.
the property is under administration The delivery of the presumptive legitimes herein prescribed
 The hereditary share in a decedent’s estate is shall in no way prejudice the ultimate successional rights of the
children accruing upon the death of either or both of the parents; but
transmitted or vested immediately from the the value of the properties already received under the decree of
moment of the death of the causante or annulment or absolute nullity shall be considered as advances on their
predecessor in interest and there is no legal bar legitime.
to a successor disposing of his hereditary share
immediately after such death, even if the actual PRESUMPTION OF DEATH
extent of such share is not determined until the  WHEN IS DEATH PRESUMED (Art. 390, 391)
subsequent liquidation of the estate.  Ordinary Absence
 The effect of such alienation is to be deemed  General Rule: An absence of 7 years, it being
limited to what is ultimately adjudicated to the unknown whether or not the absentee still lives,
vendor heir, but the aleatory character of the shall be presumed dead for all purpose
contract does not affect the validity of the  Exception: He shall not be presumed death
transaction. for the purpose of opening his succession until
after an absence of 10 years
 Exception to the Exception: If he disappeared
ARTICLE 390. After an absence of seven years, it being unknown after the age of 75, an absence of 5 years shall
whether or not the absentee still lives, he shall be presumed dead for
all purposes, except for those of succession.
be sufficient to open his succession
The absentee shall not be presumed dead for the purpose of  Extraordinary Absence
opening his succession till after an absence of ten years. If he  A person on board a vessel lost during a sea
disappeared after the age of seventy-five years, an absence of five voyage, or an aeroplane which is missing, who
years shall be sufficient in order that his succession may be opened.
has not been heard of for four years since the
ARTICLE 391. The following shall be presumed dead for all purposes,
loss of the vessel or aeroplane
including the division of the estate among the heirs:  A person in the armed forces who has taken
(1) A person on board a vessel lost during a sea voyage, or an part in war, and has been missing for four years
aeroplane which is missing, who has not been heard of for four years  A person who has been in danger of death
since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and
under other circumstances and his existence has
has been missing for four years; not been known for four years
(3) A person who has been in danger of death under other  EFFECT OF ABSENTEE’S RETURN OR APPEARANCE
circumstances and his existence has not been known for four years.  If the absentee appears, or without appearing his
existence is proved, he shall recover his property in

the condition in which it may be found, and the
price of any property that may have been alienated

or the property acquired therewith; but he cannot Family Code, ARTICLE 84. If the future spouses agree upon a regime
other than the absolute community of property, they cannot donate
claim either fruits or rent
to each other in their marriage settlements more than one-fifth of
 EXCEPTION TO THE RULE ON RIGHT TO LEGITIME
their present property. Any excess shall be considered void.
EFFECTIVE UPON DEATH (Arts. 50, 51, Family Code) Donations of future property shall be governed by the
 Marriages Declared Void Ab Initio or Annulled provisions on testamentary succession and the formalities of wills.
by Final Judgement Family Code, ARTICLE 86. A donation by reason of marriage may be
 Upon final judgement, there shall be delivery revoked by the donor in the following cases:
of the children’s presumptive legitime (1) If the marriage is not celebrated or judicially declared void
ab initio except donations made in the marriage settlements, which
 The value of the presumptive legitimes of all shall be governed by Article 81;
common children, computed as of the date of (2) When the marriage takes place without the consent of the
the final judgment of the trial court, shall be parents or guardian, as required by law;
delivered in cash, property or sound securities, (3) When the marriage is annulled, and the donee acted in bad
faith;
unless the parties, by mutual agreement (4) Upon legal separation, the donee being the guilty spouse;
judicially approved, had already provided for (5) If it is with a resolutory condition and the condition is
such matters. complied with;
 The delivery of the presumptive legitimes (6) When the donee has committed an act of ingratitude as
specified by the provisions of the Civil Code on donations in general.
herein prescribed shall in no way prejudice the
ultimate successional rights of the children
accruing upon the death of either or both of the KINDS OF SUCCESSION (Manner of Effecting the
parents but the value already received shall be Succession)
considered as advances to their legitime  TESTAMENTARY SUCCESSION (Art. 779)
 It is that which results from the designation of an
ARTICLE 778. Succession may be: heir, made in a will executed in the form prescribed
(1) Testamentary;
by law
(2) Legal or intestate; or
 How Maybe Done
(3) Mixed.
 Through a Will
ARTICLE 779. Testamentary succession is that which results from the
designation of an heir, made in a will executed in the form prescribed
 Through a Codicil
by law.  Will or Codicil Maybe
 Notarial: Ordinary, attested, or acknowledge

ARTICLE 780. Mixed succession is that effected partly by will and
partly by operation of law.  Holographic: Handwritten by the testator
from beginning to end complete with date and
ARTICLE 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one
signature
which has subsequently lost its validity;  Note: In case of doubt, testamentary succession
(2) When the will does not institute an heir to, or dispose of all is preferred over legal or intestate succession
the property belonging to the testator. In such case, legal succession (Testacy preferred over intestacy)
shall take place only with respect to the property of which the
testator has not disposed;
 LEGAL OR INTESTATE SUCCESSION (Art. 960)
(3) If the suspensive condition attached to the institution of heir  Prescribed by law which takes place when the
does not happen or is not fulfilled, or if the heir dies before the expressed will of the decedent has not been set
testator, or repudiates the inheritance, there being no substitution, down in a will
and no right of accretion takes place;
 It is legal because its terms are fixed by law
(4) When the heir instituted is incapable of succeeding, except
in cases provided in this Code.  When there is Intestate Succession:
 If a person dies without a will, or with a void

ARTICLE 130. The future spouses may give each other in their
marriage settlements as much as one-fifth of their present property, will, or one which has subsequently lost its
and with respect to their future property, only in the event of death, validity;
to the extent laid down by the provisions of this Code referring to  When the will does not institute an heir to, or
testamentary succession.
dispose of all the property belonging to the
ARTICLE 1347. All things which are not outside the commerce of men, testator. In such case, legal succession shall take
including future things, may be the object of a contract. All rights place only with respect to the property of which
which are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance
the testator has not disposed;
except in cases expressly authorized by law.  If the suspensive condition attached to the
All services which are not contrary to law, morals, good institution of heir does not happen or is not
customs, public order or public policy may likewise be the object of a fulfilled, or if the heir dies before the testator, or
contract.

repudiates the inheritance, there being no ARTICLE 784. The making of a will is a strictly personal act; it cannot
be left in whole or in part to the discretion of a third person, or
substitution, and no right of accretion takes
accomplished through the instrumentality of an agent or attorney.
place;
 When the heir instituted is incapable of ARTICLE 785. The duration or efficacy of the designation of heirs,
devisees or legatees, or the determination of the portions which they
succeeding, except in cases provided in this are to take, when referred to by name, cannot be left to the discretion
Code. of a third person.
 MIXED SUCCESSION (Art. 780)
ARTICLE 786. The testator may entrust to a third person the
 Effected partly by will and partly by operation of
distribution of specific property or sums of money that he may leave
law in general to specified classes or causes, and also the designation of
 CONTRACTUAL SUCCESSION (Art. 130, 1347) the persons, institutions or establishments to which such property or
sums of money are to be given or applied.
 General Rule: No contract may be entered into
upon future inheritance ARTICLE 787. The testator may not make a testamentary disposition
 Exception: When a future husband and future
in such manner that another person has to determine whether or not
it is to be operative.
wife give to each other in their marriage settlement
as much of their future property, in the event of DEFINITION
death, as they may validly dispose of in a will.  A will is an act whereby a person is permitted, with
 See also notes on sale or dealings of future the formalities prescribed by law, to control to a
inheritance certain degree the disposition of his estate, to take
effect after his death
Testamentary Succession CHARACTERISTICS

 PURELY STATUTORY (Art. 783)
 The making of a will is a statutory right and not a
wills natural right
 This is evident from the clause “permitted…
to control to a certain degree”
ARTICLE 783. A will is an act whereby a person is permitted, with the  Being a statutory right or privilege, it is therefore
formalities prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death. subordinate to both the law and public policy. It
must strictly follow the requirements laid down by
ARTICLE 839. The will shall be disallowed in any of the following cases:
the law
(1) If the formalities required by law have not been complied
with;  FREE AND VOLUNTARY ACT (Art. 839)
(2) If the testator was insane, or otherwise mentally incapable  There must be no vitiation of consent, it must be
of making a will, at the time of its execution; executed freely, knowingly, and voluntarily,
(3) If it was executed through force or under duress, or the
otherwise the will shall be disallowed or denied
influence of fear, or threats;
(4) If it was procured by undue and improper pressure and probate.
influence, on the part of the beneficiary or of some other person;  Circumstances Vitiating Consent
(5) If the signature of the testator was procured by fraud;  If the testator was insane, or otherwise
(6) If the testator acted by mistake or did not intend that the
mentally incapable of making a will, at the time
instrument he signed should be his will at the time of affixing his
signature thereto. of its execution;
 If it was executed through force or under
ARTICLE 828. A will may be revoked by the testator at any time before
his death. Any waiver or restriction of this right is void. duress, or the influence of fear, or threats;
 If it was procured by undue and improper
ARTICLE 796. All persons who are not expressly prohibited by law may
pressure and influence, on the part of the
make a will.
beneficiary or of some other person;
ARTICLE 797. Persons of either sex under eighteen years of age  If the signature of the testator was procured
cannot make a will.
by fraud;
ARTICLE. 798. In order to make a will it is essential that the testator be  If the testator acted by mistake or did not
of sound mind at the time of its execution.
intend that the instrument he signed should be
ARTICLE 777. The rights to the succession are transmitted from the his will at the time of affixing his signature
moment of the death of the decedent. thereto.
ARTICLE 818. Two or more persons cannot make a will jointly, or in  See notes on Allowance & Disallowance of Wills
the same instrument, either for their reciprocal benefit or for the for detailed discussion
benefit of a third person.

 FORMAL AND SOLEMN ACT (Arts. 804, 805, 806,  UNILATERAL ACT
807, 808, 810) This means that no acceptance by the
 A will being a statutory right must be executed transferees is needed while the testator is still alive;
with the formalities prescribed by law any acceptance made prematurely is useless
 Non-compliance with the formal requirements  A will being a unilateral disposition of property,
would render the will void and result to intestacy acquiring binding force only at the death of the
 See notes on Solemnities of Will for detailed testator, it follows that no present rights are
discussion on each formal requirements conferred at the time of its execution, and no title
 DISPOSITION OF PROPERTY (Art. 783) vests in the beneficiary during the life of the
 The creation of a will involves disposition of a testator.
property in favor of another  Being a unilateral act, it may be revoked at any
 A will has been defined as species of conveyance time before death by the testator
whereby a person is permitted, with the formalities  ACT MORTIS CAUSA (Art. 777)
prescribed by law, to control to a certain degree  It produces effect only after death of the testator
the disposition of his estate after his death.  Upon death of the testator, will become
 It disposes of the testator’s estate (whether immutable
totally or partially) in accordance with his wishes  See notes on Opening of Succession for detailed
(“to a certain degree” only, because legitimes are notes

reserved for compulsory heirs).  TESTATOR MUST HAVE ANIMUS TESTANDI (Art.
 Notes: 839)
 If the will does not dispose of property, while  There must be an intent to make a will
the instrument may in one sense still be called a  If the testator acted by mistake or did not intend
will, still such will need not be probated, for that the instrument he signed should be his will at
under our law, it would seem that a probate is the time of affixing his signature thereto, the will
needed only if property is to be conveyed by shall be disallowed and be denied probate
testamentary succession.  Therefore, a will in the form of a letter is all right,
 A will that only embodies a disinheritance as long as the intent to leave a will is clear, but a
constitutes disposition and is a valid will (See letter which incidentally contains testamentary
Seango v Reyes) dispositions or probable property dispositions
 If a will merely contains the cannot be considered a valid holographic will
acknowledgement of a child, it does not qualify  INDIVIDUAL ACT (Art. 818)
as a will and therefore need not be probated  The making of a will being a purely personal act
 ESSENTIALY REVOCABLE (Art. 828) must be made individually.

 A will may be revoked by the testator at any time  Thus, joint wills are prohibited.
before his death and any waiver of such right is void  Joint wills are those which contain in ONE
 Thus, even if the will is already probated during instrument the will of two or more persons
the lifetime of the testator, he may still revoke it jointly signed by them.
during his lifetime  Joint Wills executed by Filipinos are invalid in
 Until the death of the testator, a will is the PH even though authorized by the country
ambulatory and revocable, since after all, the will where it is executed
concerns a disposition of properties and rights  Two or more persons cannot make a will jointly,
effective after death. or in the same instrument, either for their

 See notes on Revocation of Wills for detailed reciprocal benefit or for the benefit of a third
discussion person.
 TESTATOR HAS TESTAMENTARY CAPACITY (Art.  Joint will for their reciprocal benefit
796, 797, 798)  Example: made a will making B his heir. B
 The testator must be capacitated to make a will also made a will making A as his heir
 See notes on Testamentary Capacity for detailed  Note: Mutual wills or reciprocal wills by
discussion themselves are valid, but if made in one
instrument, they are void, not because they are
reciprocal, but because they are joint.

 Joint will for the benefit of a third person  Example: I bequeath P100,000 for breast
 Example: A and B, friends, made a will in cancer awareness
one instrument, making C their heir.  The third person may therefore
 Note: Joint wills whether reciprocal or not designate who will receive
are void.  Here there is specified cause
 PURELY PERSONAL ACT (Art. 784, 785, 786, 787)  Mechanical act of drafting the will
 The making of a will is a strictly personal act; it
cannot be left in whole or in part to the discretion

of a third person, or accomplished through the CASES
instrumentality of an agent or attorney.
 However, the mechanical act of drafting may be
Characteristics
entrusted to another, as long as the disposition
itself expresses the testator’s desires. SEANGIO vs. REYES
G.R. Nos. 140371-72, November 27, 2006
 What May Not be Left to a Third Person:
Testamentary Acts
FACTS: A petition for probate of a holographic will was
Making the will (dispositions according to
filed by petitioners.

testator’s desires)
Private respondents opposed the probate
Duration or efficacy of the designation of
contending that the document purporting to be the

heirs, devisees or legatees, or the

holographic will of Segundo does not contain any
determination of the portions which they are to
disposition of the estate of the deceased. According to
take, when referred to by name
them, the will only shows an alleged act of
Example: I give my land to X for as long as
disinheritance by the decedent of his eldest son, Alfredo,

my friend Y allows.
and that there was preterition.
 Testamentary disposition in such manner
that another person has to determine whether
ISSUE: WON the will of Segundo was invalid due to
or not it is to be operative.
preterition as it only sought to disinherit Alfredo NO
 Although the act determining whether a
testamentary disposition is to be operative or
RULING: Segundo's document, although it may initially
not is not exactly testamentary in character, it
come across as a mere disinheritance instrument,
is evident that the delegation of such act to a
conforms to the formalities of a holographic will
third person would be tantamount to allowing
prescribed by law. It is written, dated and signed by the
the testator to substitute the will of a third
hand of Segundo himself.
person for his own
An intent to dispose mortis causa can be clearly
Example: I institute X as my heir provided
deduced from the terms of the instrument, and while it

that my friend, Y will agree

does not make an affirmative disposition of the latter's
 What May be Entrusted to a Third Person
property, the disinheritance of Alfredo, nonetheless, is
Distribution of specific property or sums of
an act of disposition in itself. In other words, the

money that he may leave in general to specified

disinheritance results in the disposition of the property
classes or causes and designation of the persons,
of the testator Segundo in favor of those who would
institutions or establishments to which such
succeed in the absence of Alfredo.
property or sums of money are to be given or
With regard to the issue on preterition, the Court
applied.
believes that the compulsory heirs in the direct line
In this case, the testator has already
were not preterited in the will. It was, in the Court's

completed the testamentary act of making a

opinion, Segundo's last expression to bequeath his
will; what he entrusts to the third person are
estate to all his compulsory heirs, with the sole
merely the details thereof in order to make the
exception of Alfredo. Also, Segundo did not institute an
devise or legacy more effective.
heir to the exclusion of his other compulsory heirs. The
Example: I bequeath P100,000 to a
mere mention of the name of one of the petitioners,

charitable institution in Manila.

Virginia, i n the document did not operate to institute
The third person may therefore
her as the universal heir. Her name was included plainly

designate what institution in Manila

as a witness to the altercation between Segundo and his
Here there is specified class
son, Alfredo.


Moreover, it is a fundamental principle that the Pendency of administration proceedings does not
intent or the will of the testator, expressed in the form prevent transmission of rights
and within the limits prescribed by law, must be
recognized as the supreme law in succession. All rules of QUISON vs. SALUD
construction are designed to ascertain and give effect to G.R. No. 4314, November 21, 1908
that intention.
Note: Not assigned in the syllabus but discussed during
VITUG vs. REYES class.
G.R. No. 82027, March 29, 1990
FACTS: Claro Quison died in 1902. It was proven at the
FACTS: Romarico G. Vitug filed a motion asking for trial that the present plaintiffs are the next of kin and
authority from the probate court to sell certain shares heirs, but it is said by the appellant that they are not
of stock and real properties belonging to the estate to entitled to maintain this action because there is no
cover allegedly his advances to the estate which he evidence that any proceedings have been taken in court
claimed were personal funds. for the settlement of the estate of Claro Quison, and
Rowena Corona opposed the motion to sell on the that, without such settlement, the heirs can not
ground that the same funds withdrawn were conjugal maintain this action
partnership properties and part of the estate, and
hence, there was allegedly no ground for RULING: There is nothing in this point. As well by the
reimbursement. Civil Code as by the Code of Procedure, the title to
Vitug insists that the said funds are his exclusive property owned by a person who dies intestate passes
property having acquired the same through a at once to his heirs. Such transmission is, under the
survivorship agreement executed with his late wife and present law, subject to the claims of administration and
the bank. the property may be taken from the heirs for the
purposes of paying debts and expenses, but this does
ISSUE: WON the survivorship agreement constitutes a not prevent the immediate passage of the title, upon
conveyance mortis causa NO the death of the intestate, from himself to his heirs.
Without some showing that a judicial administrator had
RULING: The conveyance in question is not first of all been appointed in proceedings to settle the estate of
one of mortis causa which should be embodied i n a will. Claro Quison, the right of the plaintiffs to maintain this
The monies subject of savings account No. 35342 038 action is established.
were in the nature of conjugal funds.
Neither is the survivorship agreement a donation No prior declaration of heir is required
inter vivos for obvious reasons because it was to take
effect after the death of one party. Secondly it is not a GLORIA vs. BUILDERS SAVINGS
donation between the spouses because it involved no G.R. No. 202324, June 4, 2018
conveyance of a spouse’s own properties to the other.
The validity of the contract seems debatable by Note: Not assigned in the syllabus but discussed during
reason of its survivor take all feature but in reality that class.
contract imposed a mere obligation with a term the
term being death. Such agreements are permitted by Being the daughter of the deceased Juan and
the Civil Code. Conchita, Lourdes has an interest in the subject
The conclusion is accordingly unavoidable that Mrs. property as heir to Juan and co-owner with Conchita.
Vitug having predeceased her husband the latter has The fact that she was not judicially declared as heir
acquired upon her death a vested right over the is of no moment, for, as correctly argued by petitioners,
amounts under savings account No. 35342 038 of the there was no need for a prior declaration of heirship
Bank of America. before heirs may commence an action arising from any
Insofar as the respondent court ordered their right of their predecessor, such as one for annulment of
inclusion in the inventory of assets left by Mrs. Vitug we mortgage. "[N]o judicial declaration of heirship is
hold that the court was in error. Being the separate necessary in order that an heir may assert his or her
property of petitioner it forms no more part of the right to the property of the deceased.
estate of the deceased.

ARTICLE 788. If a testamentary disposition admits of different  A will is to be so interpreted as to carry out the
interpretations, in case of doubt, that interpretation by which the
intention of the testator
disposition is to be operative shall be preferred.
 A will must be construed so as to give full force and
ARTICLE 789. When there is an imperfect description, or when no effect to the purpose of the testator
person or property exactly answers the description, mistakes and
omissions must be corrected, if the error appears from the context of
A. POSSIBILITY OF DIFERENT INTERPRETATIONS (Art.
the will or from extrinsic evidence, excluding the oral declarations of 788)
the testator as to his intention; and when an uncertainty arises upon  If the will admits of different interpretations, in
the face of the will, as to the application of any of its provisions, the case of doubt, the interpretation should favor
testator’s intention is to be ascertained from the words of the will,
taking into consideration the circumstances under which it was made,
validity. Thus, the interpretation by which the
excluding such oral declarations. disposition is to be operative shall be preferred.
 Note: This only applies in case of doubt. The
ARTICLE 790. The words of a will are to be taken in their ordinary and
grammatical sense, unless a clear intention to use them in another intention and desires of the testator if clearly
sense can be gathered, and that other can be ascertained. expressed in the will, constitute the fixed law of its
Technical words in a will are to be taken in their technical sense, interpretation
unless the context clearly indicates a contrary intention, or unless it
 Reason: Testacy is favored over intestacy
satisfactorily appears that the will was drawn solely by the testator,
and that he was unacquainted with such technical sense. B. AMBUGUITIES (Art. 789)
 Latent or Intrinsic Ambiguity:
ARTICLE 791. The words of a will are to receive an interpretation
 That which does not appear on the face of the
which will give to every expression some effect, rather than one which
will render any of the expressions inoperative; and of two modes of will, and is discovered only by extrinsic evidence
interpreting a will, that is to be preferred which will prevent intestacy.  This ambiguity is not found on the will itself,
ARTICLE 792. The invalidity of one of several dispositions contained in which is clear. The doubt arises only because of
a will does not result in the invalidity of the other dispositions, unless things outside the will.
it is to be presumed that the testator would not have made such other  The first clause of Art. 789 refers to this kind of
dispositions if the first invalid disposition had not been made.
ambiguity
ARTICLE 793. Property acquired after the making of a will shall only  When Latent or Intrinsic Ambiguity Arises:
pass thereby, as if the testator had possessed it at the time of making  There is an imperfect description of the heir,
the will, should it expressly appear by the will that such was his
intention.
legatee, or devisee
 There is an imperfect description of the gift
ARTICLE 836. The execution of a codicil referring to a previous will has
being given
the effect of republishing the will as modified by the codicil.
 When only on recipient is designated but
ARTICLE 930. The legacy or devise of a thing belonging to another there are 2 or more who fit the description
person is void, if the testator erroneously believed that the thing
 Example: “I institute my brother-in-law…” (upon
pertained to him. But if the thing bequeathed, though not belonging
to the testator when he made the will, afterwards becomes his, by discover it was found that I have 2 brothers-in-law)
whatever title, the disposition shall take effect.  How Cured: Ascertain the testatorial intention
ARTICLE 935. The legacy of a credit against a third person or of the by examining
remission or release of a debt of the legatee shall be effective only as  The context of the will (intrinsic evidence)
regards that part of the credit or debt existing at the time of the death  Extrinsic evidence (except oral declarations)
of the testator.
 Patent or Extrinsic Ambiguity
In the first case, the estate shall comply with the legacy by
 That which appears on the face of the will itself
assigning to the legatee all rights of action it may have against the
debtor. In the second case, by giving the legatee an acquittance,  In examining the provisions of the will itself, it is
should he request one. evident that it is not clear.

In both cases, the legacy shall comprise all interests on the
 It is evident that we do not know how many of
credit or debt which may be due the testator at the time of his death.
the brothers are being instituted
ARTICLE 794. Every devise or legacy shall convey all the interest which  The second clause of Art. 789 refers to this kind
the testator could devise or bequeath in the property disposed of,
unless it clearly appears from the will that he intended to convey a
of ambiguity
less interest.  Example: “I institute some of my seven
brothers…”
INTERPRETATION OF WILLS  How Cured: Ascertain the testatorial intention
OBJECTIVE OF CONSTRUING A WILL by examining
 The chief object and purpose in construing a will is
 The words of the will
to ascertain and give effect to the intention of the  Circumstances under which it was made
testator (except oral declarations)

 Note: Basically, they are corrected the same way as  Exceptions:

you can use either or both intrinsic and extrinsic  (1) If it expressly appears in the will that it was
evidence excluding oral declaration in determining the the intention to give such “after-acquired”
intent of the testator properties.
C. INTERPRETATION OF WORDS (Art. 790)  Example: “I hereby give Mr. Y all my
 Interpretation of Ordinary Words automobiles, including all the automobiles I will
 General Rule: Ordinary words have ordinary acquire before I die.’’
meaning. They are taken in their ordinary and  (2) If the will is republished or modified by a
grammatical sense subsequent will or codicil, in which case, the

 Exception: There is a clear intention that another properties owned at the time of such republication
meaning was used and such meaning can be or modification shall be given. (Art. 836)
ascertained or determined  Example: In 2003, Mr. X made a will giving Mr.
 Interpretation of Technical Words Y “all his automobiles”. At that time Mr. X only
 General Rule: Technical words are taken in their had 5 automobiles. In 2005, he made a revised
technical sense will. At that time Mr. X had 8 automobiles. When
 Exceptions: Mr. X died in 2007, he had 10 automobiles.
 There is a contrary intention  Mr. Y will get automobile 8 automobiles
 The will was drafted by the testator alone and which is the number of automobiles Mr. X had
that he did not know the technical meaning at the time he modified the will.
D. INTERPRETATION AS A WHOLE (Art. 791)  The additional 2 automobiles Mr. X
 The will must be interpreted as a whole acquired from 2005 to 2007 is not included
 Each and every word or expression of the will since these are after-acquired properties after
should be given effect modification.
E. SEVERABILITY OF INVALID PROVISIONS (Art. 792)  (3) If at the time the testator made the will he
 General Rule: The invalidity of one or some erroneously thought that he owned certain
dispositions does not render the invalidity of other properties, the gift of said properties will not be
dispositions valid, unless after making the will, said properties
 Exception: When the various dispositions are will belong to him. (Art. 930)
indivisible in intent or nature.  Example: In 2003, Mr.X made a will “giving
 It is when the testator wold not have made such Mr. Y my 5 automobiles.” However, at that time,
other dispositions if the invalid disposition had not one of the automobiles was not really his.
been made  Y should get only 4 at the time Mr. X dies.
F. AFTER-ACQUIRED PROPERTY (Arts. 793, 836, 930,  But if after making the will Mr. X becomes
935) the owner of the 5th automobile, and at Mr.
 Note the difference between “after-acquired X’s death, he was owner of the 5 automobiles,
properties” (properties acquired between the time of all of said 5 automobiles will be given to Mr. Y.
making the will and the testator’s death) and  (4) Legacies of credit or remission are effective
“properties accruing after the opening of the only as regards that part of the credit or debt
succession” (properties added after death) existing at the time of the death of the testator.
 General Rule: What are given by the will are only (Art. 935, par. 1)
those properties already possessed and owned by the  Example: Mr. X as creditor has a receivable of
testator at the time the will was made, not those P1 million from Mr. A. In 2003, Mr. X made a will
acquired after giving this credit Mr. Y. By 2006, at Mr. X’s death,
 Example: In 2003, Mr. X made a will giving Mr. Y Mr. A has already paid P600,000.
“all his automobiles”. At that time Mr. X only had 5  Mr. Y will only get the remaining P400,000
automobiles. In 2005, when Mr. X died, he had 8 which still exists at Mr. X’s death
automobile.  If on the other hand, Mr. A borrowed
 Mr. Y will only get the 5 automobiles existing another P500,000 so that by the time of Mr. X’s
at the time of making of the will and not those death the credit now totaled P1.5 million. Mr. Y
acquired thereafter will only get the originalnP1 million. The
additional P500k is not included since it is
considered as after-acquired properties

 Application of the Rule on Art. 793 priest of Victoria during the time that there is no
 The provision is silent and therefore does not qualified devisee as contemplated in the will. During the
make a distinction, technically the provision should testate proceedings, the trial court approved the
apply to both legatee or devisee and heirs project of partition and directed the administratrix to
instituted by the testator. deliver to the devisees their respective shares.
 However, authors Paras and Jurado is of the Inasmuch as no nearest male relative of the
opinion that although the law is silent, it should testator claimed the devise and as the administratrix
apply only to devises and legacies and not to and the legal heirs believed that the parish priest of
institution of heirs. Victoria had no right to administer the ricelands, the
 This can be inferred from the provisions of same were not delivered to him. The latter, however,
Arts. 776 and 781 regarding the extent of the petitioned for delivery of the ricelands to the church.
inheritance. As a matter of fact, according to the The lower court, after first declaring the bequest
latter article, the inheritance of a person inoperative, later reconsidered its findings in an order,
includes not only the property and the on the ground that the testator had a grandnephew
transmissible rights and obligations existing at (born after the testator's death), who was a seminarian,
the time of his death, but also those which may and directed the administrator of the estate to deliver
have accrued thereto since the opening of the the ricelands to the parish priest of Victoria as trustee.
succession. On appeal, the Court of Appeals reversed the
G. EXTENT OF INTEREST COVERED (Art. 794) order.
 General Rule: The entire interest of the testator in
the property is conveyed or given RULING:The Supreme Court ruled that the will referred
 Exception: It clearly appears that he intends to to the nearest male relative of the testator who was
convey less interest living at the time of his death and not to any indefinite
time thereafter, because in order to be capacitated to
inherit, the devisee must be living at the moment the
CASES succession opens, except in case of representation,
when it is proper.
Wills and Succession Interpretation
ARTICLE 795. The validity of a will as to its form depends upon the
observance of the law in force at the time it is made.
DIZON-RIVERA v. DIZON
G.R. No. L-24561, June 30, 1970 ARTICLE 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
Note: Not assigned in the syllabus but discussed during which they are executed.
When the acts referred to are executed before the diplomatic
class. or consular officials of the Republic of the Philippines in a foreign
The intention and wishes of the testator, when country, the solemnities established by Philippine laws shall be
clearly expressed in his will, constitute the fixed law of observed in their execution.
interpretation, and all questions raised at the trial, Prohibitive laws concerning persons, their acts or property, and
those which have, for their object, public order, public policy and
relative to its execution and fulfillment, must be settled good customs shall not be rendered ineffective by laws or judgments
in accordance therewith, following the plain and literal promulgated, or by determinations or conventions agreed upon in a
meaning of the testator's words, unless it clearly foreign country.
appears that his intention was otherwise. ARTICLE 815. When a Filipino is in a foreign country, he is authorized
to make a will in any of the forms established by the law of the
ESTATE OF RIGOR vs. RIGOR country in which he may be. Such will may be probated in the
G.R. No. L-22306, April 30, 1979 Philippines.
ARTICLE 816. The will of an alien who is abroad produces effect in the
Note: Not assigned in the syllabus but discussed during Philippines if made with the formalities prescribed by the law of the
class. place in which he resides, or according to the formalities observed in
his country, or in conformity with those which this Code prescribes.
FACTS: In his will, the late Father Pascual Rigor of ARTICLE 817. A will made in the Philippines by a citizen or subject of
another country, which is executed in accordance with the law of the
Victoria, Tarlac, devised forty-four hectares of ricelands
country of which he is a citizen or subject, and which might be proved
to his nearest male relative who would study for the and allowed by the law of his own country, shall have the same effect
priesthood and provided that the administration of the as if executed according to the laws of the Philippines.
ricelands would be under the responsibility of the parish

ARTICLE 810. A person may execute a holographic will which must be  AS TO PLACE OF EXECUTION (Arts. 17, 815, 816,
entirely written, dated, and signed by the hand of the testator himself.
817, 810, 818, 819)
It is subject to no other form, and may be made in or out of the
 Filipino Testator
Philippines, and need not be witnessed.
 Philippine laws; or
ARTICLE 818. Two or more persons cannot make a will jointly, or in
the same instrument, either for their reciprocal benefit or for the
 Law of the country where he may be (Art.
benefit of a third person. 815); or
 Law of the country where he executes the will
ARTICLE 819. Wills, prohibited by the preceding article, executed by
Filipinos in a foreign country shall not be valid in the Philippines, even (Art. 17)
though authorized by the laws of the country where they may have  Alien Testator (Art. 816)
been executed.  Law of his domicile; or

Law of his nationality; or
KINDS OF VALIDITY WITH RESPECT TO WILLS 
Philippine Laws;or
EXTRINSIC VALIDITY


Law of the country where he executes the will
Refers to the forms and solemnities needed


(Art. 17)
 Examples: Number of witnesses to a will, kind of
 Alien Testator in the Philippines
instrument needed－public or private)
 Law of his nationality; or (Art. 817)
 Kinds of Extrinsic Validity
 PH Law (since he executes the will here) (Art.
 As to time
17)
 As to place
 INTRINSIC VALIDITY
 Refers to the legality of the provision in a will
 Examples: Whether or not the omission of a

CASE
child in the will renders the whole will void;
Law Governing Form: As to time of execution
whether or not disposition in favor of a friend
impairs the legitime; whether or not a compulsory
ENRIQUEZ vs. ABADIA
heir has been given his rightful share G.R. No. L-7188, August 9, 1954
 Kinds of Intrinsic Validity
 As to time FACTS: On September 6, 1923, Fr Abadia executed a

 As to place document purporting to be his Last Will and Testament.
LAW GOVERNING FORM (Extrinsic Validity) One Andres Enriquez, one of the legatees in the
 AS TO TIME OF EXECUTION (Art. 795) will filed a petition for its probate. Some cousins and
 The law in force at the time the will is executed nephews who would i nherit the estate of the deceased
 If a law different from the law in force at the if he left no will filed an opposition.
time of the execution of the will goes into effect The CFI found the document to be a holographic
before or after the death of the testator, such a will and that although at the time it was executed and
law shall not affect the validity of the will, at the time of the testator’s death holographic wills
provided that -such will was duly executed in were not permitted by law still, because at the time of
accordance with the formalities prescribed by the hearing and when the case was to be decided the
the law in force at the time it was made. new Civil Code was already in force, which Code
 Reason: Although the will operates only after permitted the execution of holographic wills.
the death of the testator, in reality, his wishes
regarding the disposition of his estate among his ISSUE: WON the provisions of the New Civil Code on
heirs, devisees and legatees are given solemn holographic wills is to be applied NO
expression at the time the will is executed and
thus becomes a completed act RULING: At the time of the execution in 1923 and at the
 Example: In 1923, when holographic wills were time of the Fr Abadia’s death, holographic wills were
not allowed, Sancho Abadia executed a holographic not permitted.
will. It was presented for probate in 1946. The validity of the will is to be judged not by the
 It should not be allowed probate/ At the time law in force at the time of the testator’s death or at the
of the execution of the will, holographic wills are time the supposed will is presented in court for probate
not allowed. Even when the law at the time of or when the petition is decided by the court but at the
death or probate allows the execution of time the instrument was executed.
holographic wills.

One reason in support of the rule is that although have to apply the Philippine internal law on
the will operates upon and after the death of the succession. (Accept the Renvoi)
testator, the wishes of the testator about the  Example 1: A provision in the will of an alien to
disposition of his estate among his heirs and among the the effect that his properties should be distributed
legatees is given solemn expression at the time the will in accordance with internal Philippine law, and not
is executed, and in reality, the legacy or bequest then in accordance with his own national law, is void
becomes a completed act. because said proviso contravenes
 Example 2: Mr. X, a PH national executed a will
ARTICLE 2263. Rights to the inheritance of a person who died, with or in US providing that his estate shall be distributed
without a will, before the effectivity of this Code, shall be governed by in accordance with US Laws. His instituted his friend
the Civil Code of 1889, by other previous laws, and by the Rules of
Court. The inheritance of those who, with or without a will, die after
Mr. A as heir, without giving anything to his
the beginning of the effectivity of this Code, shall be adjudicated and children. In the law of the State where Mr. X
distributed in accordance with this new body of laws and by the Rules executed the will, there is no such thing as
of Court; but the testamentary provisions shall be carried out insofar compulsory heirs and the testator may dispose of
as they may be permitted by this Code. Therefore, legitimes,
betterments, legacies and bequests shall be respected; however, their
his estate in accordance with his wishes
amount shall be reduced if in no other manner can every compulsory  Mr. X cannot execute the will in accordance
heir be given his full share according to this Code. with the US law. This is because the execution of
a will must follow the national law of the
ARTICLE 16. Real property as well as personal property is subject to
the law of the country where it is stipulated.
decedent.
However, intestate and testamentary successions, both with  Being a PH citizen, he must dispose of his
respect to the order of succession and to the amount of successional estate in accordance with the law his nationality,
rights and to the intrinsic validity of testamentary provisions, shall be that is PH Law.
regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and
 He may not therefore dispose of his property
regardless of the country wherein said property may be found. without giving the compulsory heirs their
legitime
LAW GOVERNING CONTENT (Intrinsic Validity)
 AS TO TIME OF EXECUTION (Art. 2263)
 Successional rights are governed by the law in
CASEs
force at the time of the decedent’s death
 Example: Mr. X has no legitimate descendants or
Law Governing Content: As to successional rights
ascendants or wife. He however had a recognized
spurious child. In 1945, Mr. X made a will instituting JIMENEZ vs. FERNANDEZ
G.R. No. L-46364, April 6, 1990
a friend Mr. A as heir without giving anything to the
spurious child. Mr. X died in 1960. Consider that
FACTS: The land in question is the Eastern portion with
under the old Civil Code, such a child was NOT
an area o 436 sqm of that parcel of residential l and
entitled to inherit but under the new Civil Code
with a TCT issued in the name of Petitioner Sulpicia
(effective Aug. 30, 1950), such a child is entitled to
Jimenez.
inherit
Said land is part of a larger land (2,932 sqm) which
 The child would be entitled to inherit despite
formerly belonged to Fermin Jimenez who has two sons
the execution of the will. This is because the
Fortunato and Carlos. Sulpicia is the only daughter of
intrinsic validity of a will is governed by the law
Fortunato who predeceased his father Fermin.
in force at the time of the testator’s death.
After the death of Fermin the entire land was
 AS TO PLACE OF EXECUTION & AMOUNT OF
registered in equal pro-indiviso shares between Sulpicia
SUCCESSIONAL RIGHTS (Art. 16)
and her uncle Carlos and an OCTs was issued. (Fermin ->
 General Rule: National law of the decedent (law
Sulpicia & Carlos -> Back to Sulpicia)
of his country or nationality) regardless of the place
Upon the death of Carlos in 1936, his illegitimate
of execution or place of death
daughter Melecia, took possession of the land in
 Exception (When PH Law may be applied): If the
question and executed a deed of sale to Edilberto
conflict rules under the national law of the
Cagampan who in turn transferred the said land to
deceased refer the matter to the law of the
Teodora Grado via Deed of Exchange of Properties and
domicile and the foreigner was domiciled in the
occupied the property ever since. (Melecia -> Edilberto
Philippines at the moment of death, our courts will
-> Teodora)

In 1944, petitioner executed an affidavit Andre, one of his brothers, opposed it alleging that
adjudicating unto herself the property previously the partition in question puts into effect the provisions
registered to her uncle Carlos manifesting that she is of the Joseph’s will which are not in accordance with
the only heir of Carlos. A TCT was subsequently issued the laws of his Turkish nationality
in 1969 in her name for the whole property of his Andre did not prove that said testamentary
grandfather. disposition are not in accordance with the Turkish Laws
In 1970, petitioner instituted an action for inasmuch as he did not present any evidence showing
recovery of the said 436sqm property occupied by the what the Turkish Laws are on the matter, and in the
respondents absence of evidence on such laws, they are presumed
to be the same as those of the Philippines.
ISSUE: WON Melecia had the right to sell the land
noting that her filiation with Carlos was not proven ISSUE: Whether the decedent’s statement in the will to
distribute his property in accordance with the laws of
RULING: The Court declared Sulpicia to be the sole and PH governs his testamentary succession. NO
absolute owner of the land in question with right to its
possession and enjoyment. Upon the death of her uncle RULING: The national law of the testator is the one to
Carlos, his share in the properties descended by govern his testamentary provisions.
intestacy to Sulpicia. No evidence in the record that the national l aw of
Respondents failed to present concrete evidence the testator Joseph G. Brimo was violated i n the
to prove that Melecia was really the daughter of Carlos testamentary dispositions in question which, not being
Jimenez. contrary to our laws in force, must be complied with
Even assuming that Melecia was the illegitimate and executed.
daughter of Carlos, she still has no right to succeed to Therefore, the approval of the scheme of partition
the estate of Carlos and therefore could not have validly in this respect was not erroneous.
acquired and transferred to Edilberto the property in The institution of legatees in this will is conditional,
question. and the condition is that the instituted legatees must
Rights to succession are transmitted from the respect the testator's will to distribute his property, not
moment of death of the decedent. in accordance with the laws of his nationality, but in
Since Carlos died before the effectivity of the Civil accordance with the laws of the Philippines.
Code of the Philippines, the successional rights If this condition as it is expressed were legal and
pertaining to his estate is governed by the Civil Code of valid, any legatee who fails to comply with it, as the
1889. herein oppositor who, by his attitude in these
Under the 1889 Civil Code (Art. 807, 935): a child proceedings has not respected the will of the testator,
must be either a child legitimate, legitimated, adopted as expressed, is prevented from receiving his legacy.
or an acknowledged natural child - for illegitimate not The fact is, however, that the said condition is void,
natural are disqualified to inherit. Melecia was born out being contrary to law. And said condition is contrary to
of the common-law relationship between her mother law because it expressly ignores the testator's national
and Carlos, however she could not be considered law when national law of the testator is the one to
acknowledged natural child because Carlos was legally govern his testamentary dispositions.
married to another and hence not qualified to marry Said condition then, in the light of the legal
Melecia’s mother. provisions above cited, is considered unwritten, and the
In the absence of any voluntary conveyance to institution of legatees in said will is unconditional and
Melecia by Carlos or Sulpicia, she cannot legally transfer consequently valid and effective even as to the herein
said land to Edilberto and in turn Edilberto cannot oppositor.
legally transfer the same to respondent Teodora. It results from all this that the second clause of the
will regarding the l aw which shall govern it, and to the
MICIANO vs. BRIMO condition imposed upon the legatees, is null and void,
G.R. No. 22595, November 1, 1924 being contrary to law.
All of the remaining clauses of said will with all
FACTS: The partition of the estate left by the deceased their dispositions and requests are perfectly valid and
Joseph Brimo is in question in this case. effective it not appearing that said clauses are contrary
to the testator's national laws.

Therefore, the orders appealed from are modified the Pennsylvania law does not provide for legitimes and
and it is directed that the distribution of this estate be that all the estate may be given away by the testatrix to
made in such a manner as to include the herein a complete stranger, the petitioner argues that such law
appellant Andre Brimo as one of the legatees, and the should not apply because it would be contrary to the
scheme of partition submitted by the judicial sound and established public policy and would run
administrator i s approved i n all other respects counter to the specific provisions of Philippine Law.
It is a settled rule that as regards the intrinsic
CAYETANO vs. LEONIDAS validity of the provisions of the will, as provided for by
G.R. No. 54919, May 30, 1984 Article 16 (2) and 1039 of the Civil Code, the national
law of the decedent must apply.
FACTS: On January 31, 1977, Adoracion C. Campos died,
leaving her father, petitioner Hermogenes Campos and
her sisters, private respondent Nenita C. Paguia,
Testamentary
Remedios C. Lopez and Marieta C. Medina as the capacity & Intent
surviving heirs. As Hermogenes Campos was the only
compulsory heir, he executed an Affidavit of
ARTICLE 796. All persons who are not expressly prohibited by law may
Adjudication whereby he adjudicated unto himself the make a will.
ownership of the entire estate of the deceased
ARTICLE 797. Persons of either sex under eighteen years of age
Adoracion Campos.
cannot make a will.
Subsequently, Nenita C. Paguia filed a petition for
the reprobate of a will of the deceased, Adoracion ARTICLE 798. In order to make a will it is essential that the testator be
of sound mind at the time of its execution.
Campos, which was allegedly executed in the United
States. ARTICLE 799. To be of sound mind, it is not necessary that the testator
be in full possession of all his reasoning faculties, or that his mind be
In her petition, Nenita alleged that the testatrix
wholly unbroken, unimpaired, or unshattered by disease, injury or
was an American citizen and resident at the time of her other cause.
death and that her sister made her will according to the It shall be sufficient if the testator was able at the time of
laws of Pennsylvania, USA making the will to know the nature of the estate to be disposed of,
the proper objects of his bounty, and the character of the
testamentary act.
ISSUE: WON the laws of Pennsylvania governs the
provisions of the will YES ARTICLE 800. The law presumes that every person is of sound mind, in
the absence of proof to the contrary.
The burden of proof that the testator was not of sound mind at
RULING: The issue raised deals with the validity of the the time of making his dispositions is on the person who opposes the
provisions of the will. As a general rule, the probate probate of the will; but if the testator, one month, or less, before
court's authority is limited only to the extrinsic validity making his will was publicly known to be insane, the person who
maintains the validity of the will must prove that the testator made it
of the will, the due execution thereof, the testatrix's during a lucid interval.
testamentary capacity and the compliance with the
ARTICLE 801. Supervening incapacity does not invalidate an effective
requisites or solemnities prescribed by law. The intrinsic
will, nor is the will of an incapable validated by the supervening of
validity of the will normally comes only after the court capacity.
has declared that the will has been duly authenticated.
ARTICLE 802. A married woman may make a will without the consent
However, where practical considerations demand that of her husband, and without the authority of the court.
the intrinsic validity of the will be passed upon, even
ARTICLE 803. A married woman may dispose by will of all her separate
before it is probated, the court should meet the issue.
property as well as her share of the conjugal partnership or absolute
Although on its face, the will appeared to have community property.
preterited the petitioner and thus, the respondent
judge should have denied its reprobate outright, the TESTAMENTARY CAPACITY
private respondents have sufficiently established that Note: Art 796 refers to “all persons”, but this should be
Adoracion was, at the time of her death, an American understood to refer only to natural persons, not
citizen and a permanent resident of Philadelphia, juridical ones, like corporations. This is evident in the
Pennsylvania, U.S.A. requirement of soundness of mind
The law which governs Adoracion Campo's will is I. TESTAMENTARY CAPACITY
the law of Pennsylvania, U.S.A., which is the national  Is the right to make a will provided certain
law of the decedent. Although the parties admit that conditions are complied with

 The ability of one to make a will  Exception: If the testator, one month, or less,
II. WHO MAY MAKE A WILL before making his will was publicly known to be
(a) Must be 18 years or older (Art. 797) insane
 The age of 18 has been fixed for at this age, an  In such a case, the person who maintain the
individual is generally no longer subject to fraud, validity of the will must prove that the testator
influence, or insidious machinations. executed the will during a lucid interval
(b) Must not be disqualified by law (Art. 796) *In case of married woman(Arts. 802, 803)
 The only persons who are expressly prohibited  A marries woman may make a will without the
from making a will are those who do not possess the consent of her husband, and without the authority of
necessary age and mental requirements the court.
 Other circumstance which ordinarily limit the  What a married woman may dispose of by will
capacity to act (ex. Civil interdiction), do not affect or  All her separate property
restrict testamentary capacity  Her share of the conjugal partnership or absolute
 A convict under civil interdiction is allowed to make community property

a will. This is because civil interdiction prohibits a  What a married woman may not dispose of by will
disposition of property inter vivos, not mortis causa  Her husband’s separate property
(c) Must be of Sound Mind (Arts. 798, 799, 800)  The whole of the conjugal partnership or
 The testator must be of sound mind at the time of absolute community (she may only dispose of her
the execution of the will, not before nor after share)
 What Constitutes Soundness of Mind (Test) III. WHEN CAPACITY MUST EXIST
 That testator knows the nature of the estate to  Testamentary capacity (age and soundness of
be disposed of (character, ownership of what he is mind) must exist at the time of the execution of
giving) the will.
 That testator knows the proper objects of his IV. SUPERVENING INCAPACITY (Art. 801)
bounty (by persons who for some reason expect to  The testator must be of sound mind at the time of
inherit something from him — like his children) the execution of the will, not before nor after.
 That testator knows the character of the  Thus, subsequent incapacity of the testator does
testamentary act (that it is really a will, that it is a not invalidate an effective will
disposition mortis causa, that it is essentially  In the same vain, the subsequent capacity of the
revocable) testator does not validate a void will

 What does not negate soundness of mind  Example 1: When insane, Mr. X made a will. Later,
 To be of sound mind, it is not necessary that the he became well, but he did not change the will.
testator be in full possession of all his reasoning  The will is not valid, because his becoming
faculties, or that his mind be wholly unbroken, capacitated later on is not important. What is
unimpaired, or unshattered by disease, injury or important is that his mind was not sound at the
other cause. time he executed the will.
 Presumption of Soundness of Mind  Example 2: Mr. X made a will. Later on he became
 General Rule: The law presumes that every insane.

person is of sound mind  The will is valid since he was capacitated at the
 Exception: time he executed the will.

 There is proof to the contrary
If the testator, one month, or less, before
CASEs

making his will was publicly known to be insane

 If the testator made the will after he had
been judicially declared insane, and before such Testamentary Capacity: Of sound Mind: Test of
judicial order had been set aside soundness of mind
 Burden of Proof of Unsoundness of Mind
 General Rule: The burden of proof that the ORTEGA vs. VALMONTE
testator was not of sound mind at the time of G.R. No. 157451, December 16, 2005
making his dispositions is on the person who
opposes the probate of the will FACTS: Placido Valmonte worked and lived in the US
until he decided to retire in the Philippines.

At 80 years old, he married Josefina Valmonte who his wife, who was more than fifty years his junior, as the
was 28 years old. sole beneficiary; and disregarded petitioner and her
Placido executed a will, leaving all of his family, who were the ones who had taken "the cudgels
possessions to his wife Josefina. Placido died and of taking care of [the testator] in his twilight years."
Josefina tried to probate the will as she was also The burden of proof lies on he who contests the
appointed as the sole executitrix. validity of the will.
However, his sister, Leticia opposed the probation
of his will, arguing among others, that the execution of ALSUA-BETTS vs. CA
the will was attended by fraud and Placido, at the time G.R. Nos. L-46430-31, July 30, 1979
of execution of his will, was not of sound mind.
Letiticia alleges that Josefina conspired with the FACTS: The spouses Don Jesus and Doña Tinay together
notary public and the three attesting witnesses in with their four children Francisco, Pablo, Amparo and
deceiving Placido to sign it. According to her, it was Fernando had executed the Extrajudicial Partition of
"highly dubious for a woman at the prime of her young November 25, 1949 which divided the conjugal
life [to] almost immediately plunge into marriage with a properties of the spouses between the spouses
man who [was] thrice her age . . . and who happened to themselves and the children under the terms and
be [a] Fil-American pensionado." conditions and dispositions herein before stated and to
She also alleges that she knew Placido was no implement its provisions, Don Jesus and Doña Tinay
longer of sound mind because in 1983 Placido lived in subsequently executed separately their respective
the Makati residence and asked Leticia's family to live holographic wills both dated January 5, 1955 and
with him and they took care of him. During that time, codicils dated August 14, 1956 with the same terms and
the testator's physical and mental condition showed conditions
deterioration, aberrations and senility.” Both holographic wills and codicils having been
probated thereafter and upon the death of Doña Tinay,
ISSUE: WON Placido was mentally capacitated when he Don Jesus was appointed executor of the will and in due
executed the will YES time the partition of the properties or estate of Doña
WON the will was procured by fraud NO Tinay was approved by the probate court on July 6,
1960.
RULING: According to Art. 799, the three things that the Thereafter in the early part of November, 1959,
testator must have the ability to know to be considered Don Jesus cancelled his holographic will and instructed
of sound mind are as follows: his lawyer to draft a new will: which it provided for the
a. the nature of the estate to be disposed of collation of all his properties donated to his children
b. the proper objects of the testator's bounty, and that such properties be taken into account in the
and partition of his estate among the children; and it
c. the character of the testamentary act. instituted his children as legatees/devisees of certain
Applying this test to the present case, Placido had specific properties, and the rest were to be given to
testamentary capacity at the time of the execution of Francisca and Pablo, naming Francesca as executrix to
his will. serve without a bond.
Furthermore, it must be noted that despite his Petitioner herein, as the executrix, filed a petition
advanced age, he was still able to identify accurately the for the probate of said new will of Don Jesus after the
kinds of property he owned, the extent of his shares in latter died on May 6,1964.
them and even their locations. As regards the proper Oppositions thereto were filed by Pablo, Amparo
objects of his bounty, it was sufficient that he identified and Fernando, contending:
his wife as sole beneficiary. As we have stated earlier, (a) that Don Jesus was not of sound and disposing
the omission of some relatives from the will did not mind at the time of the execution of the alleged will;
affect its formal validity. There being no showing of (b) that the will was executed under duress or
fraud in its execution, intent in its disposition becomes influence of fear or threats; or it was procured by undue
irrelevant. and improper pressure and influence on the part of the
It is a settled doctrine that the omission of some main beneficiaries and of person or persons in collusion
relatives does not affect the due execution of a will. with them, or the signature of the testator was secured
That the testator was tricked into signing it was not by or thru fraud;
sufficiently established by the fact that he had instituted

(c) that the will was not executed according to the Clearly then, Don Jesus knew exactly what his
formal requirements of the law; and actions were and the full implications thereof.
(d) that the alleged will subject of probate
contravened the Extrajudicial Partition of 1949 agreed Testamentary Capacity: Of sound Mind: Burden of
upon by the parties and also contravened Don Jesus' Proof
own probated holographic will and codicil of 1955 and
1956, respectively, essentially confirming and BALTAZAR vs. LAXA
implementing the said partition of 1949 which had G.R. No. 174489, April 11, 2012
already been partially executed by all the signatories
thereto in the partition of the estate of Doñ;a Tinay in FACTS: Paciencia, childless and has no siblings, was a 78
December, 1959. year old spinster.
She made her last will and testament in favor of
ISSUE: WON Don Jesus is of sound mind YES her nephew Lorenzo Laxa (respondent) and his wife and
two children. She treated Lorenzo as her own son.
RULING: The test of testamentary capacity is at the time The said will was executed in the house of a retired
of the making of the win. Mere weakness of mind or judge, Limpin, and was read twice to Paciencia.
partial imbecility from disease of body or from age-does Present on the execution of the will were three
not render a person incapable of making a will. witnesses and one of which is Dra. Limpin, the daughter
The behavior of Don Jesus is not that of a mentally of Judge Limpin. The formalities of signing the will by
incapacitated person nor one suffering from "senile the testator and the witnesses were fulfilled.
dementia" as claimed by private respondents. The will remained with Judge Limpin until Lorenzo,
From these accepted facts, We find that: (a) it was four years after the death of Paciencia, filed a petition
Don Jesus himself who gave detailed instructions to his for the probate of the will and for the issuance of the
lawyer as to how he wanted to divide his properties letter of administration.
among his children by means of a list of his properties Petitioner Baltazar filed an opposition to Lorenzo’s
should pertain; (b) the semi-final draft of the contested petition averring that the properties subject to the will
will prepared by his lawyer was even corrected by Don belongs to his predecessor in interest, Mangalindahan.
Jesus; (c) on the day of the signing of the will at his Later on, Baltazar was joined with several other
house in Ligao, "Don Jesus was in bright and lively petitioners contending that Paciencia’s will was null and
spirits ..., leading in the conversation which ran from void because ownership of the properties had not been
problems of farming and the merits of French-made transferred.
wines"; (d) the signing of the will by Don Jesus and his Few more reasons raised by the petitioners were
attesting witnesses was made after a statement from that the will was not executed in accordance with the
Don Jesus of the purpose of their meeting or gathering. requirements of the law, and that Paciencia was
Between the highest degree of soundness of mind mentally incapable to make a will at the time of the
and memory which unquestionably carries with it full execution.
testamentary capacity, and that degrees of mental
aberration generally known as insanity or idiocy, there ISSUE: Whether or not the authenticity and due
are numberless degrees of mental capacity or incapacity execution of the notarial Will was sufficiently
and while on one hand it has been held that mere established to warrant its allowance for probate YES
weakness of mind, or partial imbecility from disease of Whether or not the court of appeals gravely erred
body, or from age, will not render a person incapable of in ruling that petitioners failed to prove that paciencia
making a will; a weak or feebleminded person may was not of sound mind at the time the will was allegedly
make a valid will, provided he has understanding and executed. NO
memory sufficient to enable him to know what he is
about to do and how or to whom he is disposing of his RULING: Due execution of the will or its extrinsic validity
property. To constitute a sound and disposing mind, it is pertains to whether the testator, being of sound mind,
not necessary that the mind be unbroken or unimpaired freely executed the will in accordance with the
or unshattered by disease or otherwise. It has been held formalities prescribed by law.
that testamentary incapacity does not necessarily The signatures of the testatrix, Paciencia, her
require that a person shall actually be insane or of instrumental witnesses and the notary public, are all
unsound mind. present and evident on the Will. Further, the attestation

clause explicitly states the critical requirement that the physician that the deceased was suffering from diabetes
testatrix and her instrumental witnesses signed the Will and had been in a comatose condition for several days,
in the presence of one another and that the witnesses prior to his death, was held not sufficient to establish
attested and subscribed to the Will in the presence of testamentary incapacity, in view of the positive
the testator and of one another. statement of several credible witnesses that he was
The burden to prove that Paciencia was of conscious and able to understand what was said to him
unsound mind at the time of the execution of the will and to communicate his desires. (Samsan vs. Corrales
lies on the shoulders of the petitioners. Tan Quintin, 44 Phil., 573.)||| (Neyra v. Neyra, Adm.
The appellate court agree with the position of the Case No. 4, [March 21, 1946], 76 PHIL 296-311)
CA that the state of being forgetful does not necessarily
make a person mentally unsound so as to render him
unfit to execute a Will. Forgetfulness is not equivalent
to being of unsound mind.
Testamentary Capacity: Of sound Mind: Infirmities
BAGTAS vs. PAGUIO

G.R. No. 6801, March 14, 1912

class
For some fourteen or fifteen years prior to his death,

the testator suffered from a paralysis of the left side of
his body. A few years prior to his death, his hearing
became impaired and he lost the power of speech.
Owing to the paralysis of certain muscles, his head fell
to one side and saliva ran from his mouth. He retained
the use of his right hand, however, and was able to
write fairly well. Through the medium of signs he was
able to indicate his wishes to his wife and to other
members of his family. Held: Not sufficient evidence to
overthrow the legal presumption of a sound mind and
disposing memory.
Testamentary Capacity: Of sound Mind: Insomnia,

tuberculosis, diabetes, not sufficient to destroy mental
capacity

class
Insomnia, in spite of the testimony of two doctors
who testified for the opponents of the probate of a will,
who stated that it tended to destroy mental capacity,
was held not to affect the full possession of the mental
faculties deemed necessary and sufficient for its
execution. (Caguioa vs. Calderon, 20 Phil., 400.) The
testatrix was held to have been compos mentis, inspite
of the physician's testimony to the contrary, to the
effect that she was very weak, being in the third or last
stage of tuberculosis. (Yap Tua vs. Yap Ca Kuan and Yap
Ca Llu, 27 Phil., 579.) The testimony of the attending

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Sources: Civil Code Volume 3 Succession by Paras, Comments & Jurisprudence on Succession by Jurado, Atty Gravador’s Discussion

 Theory Based on the Right to Private Property:

jandiyang SUCCESSION LAW | 1

jandiyang SUCCESSION LAW | 2

 TRANSFEREES IN A LEGAL SUCCESSION unless the decedent expressly orders otherwise in a

private corporations, organizations taxes

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TRANSMISSIBLE RIGHTS & OBLIGATIONS

 See previous notes CASES

 RESTRICTIONS (STATUTE ON NON-CLAIMS) ALVAREZ vs. IAC

jandiyang SUCCESSION LAW | 5

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ISSUE: Is the estate of Hemady liable for the bonds YES

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existence is proved, he shall recover his property in

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 Notarial: Ordinary, attested, or acknowledge

 If a person dies without a will, or with a void

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Testamentary Succession CHARACTERISTICS

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(“to a certain degree” only, because legitimes are notes

 ESSENTIALY REVOCABLE (Art. 828) must be made individually.

effective after death. or in the same instrument, either for their

jandiyang SUCCESSION LAW | 12

cannot be left in whole or in part to the discretion

heirs, devisees or legatees, or the

that my friend, Y will agree

money that he may leave in general to specified

completed the testamentary act of making a

charitable institution in Manila.

designate what institution in Manila

jandiyang SUCCESSION LAW | 13

jandiyang SUCCESSION LAW | 14

should he request one. evident that it is not clear.

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 Note: Basically, they are corrected the same way as  Exceptions:

grammatical sense subsequent will or codicil, in which case, the

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jandiyang SUCCESSION LAW | 17

been executed.  Law of his domicile; or

 Examples: Whether or not the omission of a

 As to time FACTS: On September 6, 1923, Fr Abadia executed a

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jandiyang SUCCESSION LAW | 21

restrict testamentary capacity  Her share of the conjugal partnership or absolute

 A convict under civil interdiction is allowed to make community property

revocable) testator does not validate a void will

 General Rule: The law presumes that every insane.

 Exception: time he executed the will.

making his will was publicly known to be insane

jandiyang SUCCESSION LAW | 22

jandiyang SUCCESSION LAW | 23

jandiyang SUCCESSION LAW | 24

Testamentary Capacity: Of sound Mind: Infirmities

BAGTAS vs. PAGUIO

Note: Not assigned in the syllabus but discussed during

For some fourteen or fifteen years prior to his death,

Testamentary Capacity: Of sound Mind: Insomnia,

Note: Not assigned in the syllabus but discussed during