ATENEO DE MANILA LAW SCHOOL

Rockwell Center, Makati City

ESTATE PLANNING
2nd Semester, AY 2009 - 2010
Fridays, 3:00 p.m. to 4:00 p.m.
Professor: Atty. Angela C. Ylagan, C.P.A. 1
Week 12: Friday, February 19, 2010 and Week 13: Friday, February 26, 2010
READING ASSIGNMENT and QUIZ COVERAGE:
Topic
III. With Estate Planning
B. Modes of Transfer of Property
1. Transfers Mortis Causa
a. Will

Law

Articles 783 to 959,

Civil Code;
Article 174, 176, 189
Family Code

Pages of Textbook
Discussion / Recitation
Quiz Coverage2
Articles 783 to 959,
Civil Code;
Article 174, 176, 189
Family Code

Articles 783 to 959,

Civil Code;
Article 174, 176, 189
Family Code
Attorneys Oath3

Article 783 - Will, defined

A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of
his estate, to take effect after his death.
1. Manuel L. Lee vs. Regino B. Tambago, A.C. No. 5281, February 12, 2008
Article 805 - Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the
testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or
more credible witnesses in the presence of the testator and of one another
2. Danilo Aluad, et al. vs. Zenaido Aluad, G.R. No. 176943, October 17, 2008
3. Paz Samaniego-Celada vs. Lucia D. Abena, G.R. No. 145545, June 30, 2008
Article 810 - Holographic will
4. Roberto and Thelma Ajero vs. Court of Appeals, G.R. No. 106720, September 15, 1994
Article 811 - Probate of holographic will
5. Eugenia Ramonal Codoy vs. Evangeline Calugay, G.R. No. 123486, August 12, 1999
Article 816 - Will of an alien
6. Salud Teodoro Vda. De Perez vs. Zotico A. Tolete, G.R. No. 76714, June 2, 1994
Article 838 - No will shall pass property unless proved and allowed in accordance with Rules of Court
This Court has interpreted this provision to mean, "until admitted to probate, [a will] has no effect whatever and no right can be
claimed thereunder."
7. Sps. Ricardo Pascual vs. Court of Appeals, G.R. No. 115925, August 15, 2003
Article 842 - One who has no compulsory heirs may dispose by will of all his estate
8. Octavio S. Maloles II vs. Pacita De Los Reyes Phillips, G.R. Nos. 129505 & 133359, January 31, 2000
Article 870 - Dispositions declaring all or part of the estate inalienable for more than twenty years are void
9. Ramona B. Vda. De Aranas vs. Vicente B. Aranas, G.R. No. L-56249, May 29, 1987
Article 886 - Legitime
10. Valente Raymundo vs. Teofista Isagon Vda. de Suarez, et al., G.R. No. 149017, November 28, 2008
Article 887 - Compulsory heirs
11. Juan De Dios Carlos vs. Felicidad Sandoval, et al., G.R. No. 179922, December 16, 2008
12. Valente Raymundo vs. Teofista Isagon vda. De Suarez, et al., G.R. No. 149017, November 28, 2008
Paz Samaniego-Celada vs. Lucia D. Abena, G.R. No. 145545, June 30, 2008
13. State Land Investment Corp. vs. CIR, G.R. No. 171956, January 18, 2008
Compulsory heirs like the widowed spouse shall have a share in the estate by way of legitimes.
1

Member, Philippine Bar and New York Bar; Bachelor of Laws (LL.B.), University of the Philippines (U.P.) College of Law; Master of
Laws (LL.M.), Boston University (BU) Massachusetts, U.S.A.
2
Quizzes are given every week. The coverage for all weekly quizzes (11), long exams (4), mid-term exam, and final exam is
cumulative (starting from and including all subject matter taken up during the first [1 st] week of class until the current week of the quiz
/ exam to be given).
3
Rules of Court, Appendix: Legal and Judicial Forms, Form 28, Attorneys Oath.

14. Mary Jane D. Velasco vs. Charlie Doroin, et al., A.C. No. 5033, July 28, 2008
Article 888 - Legitime of legitimate children and descendants
15. Regina Francisco vs. Aida Francisco-Alfonso, G.R. No. 138774, March 8, 2001
Article 895 - Legitime of acknowledged natural children and natural children by legal fiction
16. Eloy Imperial vs. Court of Appeals, G.R. No. 112483, October 8, 1999