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General Provisions
Article 774
Succession is a mode of acquisition by virtue of which the
property, rights and obligations to the extent of the value
of the inheritance, of a person are transmitted through
his death to another or others either by his will or by
operation of law.
What is Succession?
Succession is a mode of acquisition by virtue of which the
property, rights and obligations, to the extent of the value
of the inheritance, of a person is transmitted through his
death to another or others, either by will or by operation
of law.
2.
3.
Subjective Elements
a.
b.
c.
d.
property
rights not extinguished by death
obligations not extinguished by death (to the
extent of the value of the inheritance)
2.
Objective Element
a.
3.
Testator
Heirs
Devisees or
Legatees
Inheritance
Causal Element
The transmission of property by will and
death as the condition.
Article 776
The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his
death.
2.
1.
2.
2.
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Article 777
The rights to the succession are transmitted from the
moment of the death of the decedent.
causes of disinheritance
acts of incapacity/unworthiness
revocation of the will
2.
3.
2.
3.
actual death
2.
presumptive death
a. ordinary
b. extra-ordinary
rules of evidence
in the absence of evidence, expiration of period
provided for by law
rules of evidence
in the absence of evidence, at or about time of
disappearance
testate
legal or intestate
mixed
will or codicil
will or codicil maybe:
a.
b.
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Article 779
Testamentary succession is that which results from the
designation of an heir, made in a will executed in the
form prescribed by law.
Article 780
Mixed succession is that effected partly by will and partly
by operation of law.
Article 781
The inheritance of a person includes not only the property
and the transmissible rights and obligations existing at
the time of his death, but also those which have accrued
thereto since the opening of the succession.
What does the inheritance of a person include?
It includes not only the property and the transmissible
rights and obligations existing at the time of his death, but
also those which have accrued thereto since the opening
of the succession.
Article 782
Who is an heir?
An heir is a person called to the whole or an aliquot
portion of the inheritance, either by will or by operation of
all. An heir succeeds by universal title.
*Heirs may be compulsory (if entitled to the legitime) or
voluntary (like a friend).
Who is a devisee?
A devisee is a person to whom a gift of real property is
given, by virtue of a will.
What is legatee?
A legatee is a person to whom a gift of personal property is
given, by virtue of a will.
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2.
3.
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Article 783
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 this estate, to take effect after
his death.
What are the different modes of testamentary
succession?
1.
will or codicil
3.
What is a will?
Why unilateral?
Why ambulatory?
Because the testator can revoke it at any time before his
death.
Article 784
Article 785
Article 786
The testator may entrust to a third person the
distribution of specific property or sums of money that he
may leave in general to specified classes or causes, and
also the designation of the persons, institutions or
establishments to which such property or sums are to be
given or applied.
What are the acts in making a will that cannot be
designated to a third person?
1.
2.
Why is that the acts provided for under Article 785 cannot
rd
be designated by testator to 3 persons?
1.
2.
rd
rd
rd
2.
order of succession
and amount of succession
intrinsic validity of testamentary provisions
capacity to succeed (Article 1039)
1.
2.
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2.
3.
intrinsic evidence
extrinsic evidence
2.
intrinsic evidence
extrinsic evidence
Testator will give his house and lot to two (2) of his five
(5) brothers. What king of ambiguity is this? Is the
disposition valid?
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2.
2.
extrinsic validity
2.
intrinsic validity
What then is the rule under Article 795?
Yes. Although, the will did not comply with the formalities
prescribed by law, enacted after the execution of the will,
yet, it can still be admitted to probate because it had
complied with all of the formalities in force at the time of
its execution.
Is the rule enunciated in Article 795 absolute?
No. The validity of a will as to its form depends upon the
observance of the law in force at the time it is made.
Except, if a subsequent law allows or required
retroactivity. A latter law may allow for express
retroactivity as implied from the language used therein.
Suppose X died before effectivity of a new law, but
probate of the will was initiated after the effectivity of
the law. Will the new law be given retroactive effect?
No. The new law must be given retroactive effect, as this
will violate the vested rights of the heirs.
Why?
Because the rights are transmitted at the time of the death
of the decedent.
Lorenzo vs Posadas (64 Phil 353)
FACTS: Thomas Hanley died, leaving a will and some
personal and real properties. The will, which was duly
admitted to probate, provides among other things, that all
the properties of the testator shall pass to his nephew,
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Article 796
No. Good faith is immaterial.
All persons who are not expressly prohibited by law may
make a will.
Article 797
Persons of either sex under eighteen years of age cannot
make a will.
What are the minimum requirements for persons in
making a will?
1.
2.
3.
1.
2.
3.
4.
5.
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6.
7.
Article 799
1.
2.
3.
2.
3.
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 the time of making his dispositions is on the
person who opposes the probate of the will; but if the
testator, one month, or less, before 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 during a lucid interval.
Under Article 800, the law presumes that every person is
of sound mind, in the absence of proof to the contrary.
What are the instances when this presumption is
inverted? Or what are the instances when the testator is
presumed to be mentally unsound?
There are at least three (3) instances:
1.
idiocy
imbecility
senile dementia
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1.
2.
3.
Article 804
What are the formalities of an ordinary/notarial will?
Every will must be in writing and executed in a language
or dialect known to the testator.
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.
The testator or the person requested by him to write his
name and the instrumental witnesses of the will, shall
also sign, as aforesaid, each and every page thereof,
except the last, on the left margin, and all the pages shall
be numbered correlatively in letters placed on the upper
part of each page.
The attestation shall state the number of pages used
upon which the will is written, and the fact that the
testator signed the will and every page thereof, or caused
some other person to write his name, under his express
direction, in the presence of the instrumental witnesses,
and that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of
one another.
If the attestation clause is in a language not known to the
witnesses, it shall be interpreted to them.
Article 806
Every will must be acknowledged before a notary public
by the testator and the witnesses. The notary public shall
not be required to retain a copy of the will, or file another
with the Office of the Clerk of Court.
What are classifications of wills?
1.
2.
ordinary/notarial
holographic
*The law does not specify that the testator himself must
perform the act of writing. However, in case of holographic
wills, the will must be entirely written, dated and signed by
the hand of the testator himself.
Consequently, it is only in ordinary/notarial wills that
whoever performs the mechanical act of writing or
drafting the will becomes a matter of indifference.
What constitutes a sufficient signature to a will?
It depends largely on the custom of the time and place,
the habit of the individual, and the circumstances of each
particular case. But, it should be manifest, that whatever is
used is actually intended as a signature.
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b.
first name
assumed name
name different from the one used to
designate him as a testator in the will
name misspelled or abbreviated
rubber stamp/engraved mark
thumb mark
cross against his name
a.
b.
Yes.
*Generally speaking, the use of any signature intended by
the testator to authenticate the instrument renders the will
sufficiently signed by the testator.
Hence, a complete signature is not essential to the validity
of a will, provided that, the part of the name written was
affixed to the instrument with intent to execute it as a will.
Can the witnesses sign the will and attestation clause
with a footmark or a thumb mark?
Is it a fatal defect?
Yes.
Is the attestation clause part of the will?
Why require that the signature must be at the end of the
will?
The purpose of the requirement is not only to show that
the testamentary purpose therein expressed is completed,
but also to prevent any opportunity for fraud or
interpolations between the written matter and the
signature.
*Another essential requirement for the validity if an
ordinary will is the attestation clause. Absence of this
clause will render the will a nullity. Therefore it is
mandatory.
Attestation
Subscription
Where should the attestation clause be place?
2. a mental act
2. a mechanical act
3. the purpose is
identification/ to identify
that it is really the will of
the testator
No. There would be nothing in the will that will prove the
compliance thereto.
Yes.
(b) The will is void without any exceptions even if the will
contains the signature of the witnesses. The omission
cannot be determined by the examination of the will itself.
Extrinsic evidence is inadmissible.
General rule: No
No. In this case, it would be hard to determine the
authenticity of the said page.
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No. The law requires that the will must be signed in each
and every page thereof. The law expressly refer to page
and not to the sheet or leaf or folio.
*A sheet has two (2) pages, the front and the reverse. If
both pages of the sheet or lead are used, it is necessary
that both front and reverse sides should bear the
signatures of the testator and each of the witnesses. In
other words, every page used in the will should be signed
on the left margin.
Take note, that in this case, the body of the will states that
it is composed of four (4) pages.
Five (5) paged will. Page five (5) contains only the
attestation clause. Only the attesting witnesses signed
below the attestation. The testator did not sign on left
margin of page five (5). Is the will valid?
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3.
conscious
aware of what is happening
2.
2.
Note:
1. Lack of signatures in the left margin is fatal unless, there
is a duplicate copy of the original. (Icasiano vs Icasiano)
2. The ruling in Icasiano vs Icasiano should not be applied
in all cases, when the signature of the witnesses do not
appear on the margin of the will. It can be applied only if
there is a duplicate original copy of the will. In this case,
there was no issue on the validity of the will due to the
presence of the copy.
3. The requirement regarding the location (left margin) of
the marginal signatures is not mandatory in character,
provided that, such signatures are present in every page of
the will (except the last page). So, the marginal signatures
may be found on the right margin and the will is still valid.
1.
Article 807
If the testator be deaf, or a deaf-mute, he must
personally read the will, if able to do so; otherwise, he
shall designate two persons to read it and communicate
to him, in some practicable manner, the contents thereof.
Article 808
1.
2.
Yes.
In the preceding problem, would there be an additional
requirement?
Yes. The same with a blind testator, double reading
requirement.
If the testator is illiterate or blind, is it permissible that
the language of the will is not known to him but merely
interpreted to him?
No.
Even if the interpreter is the best interpreter that the
world can offer?
Yes. Because no matter how good the interpreter is,
somehow, something may be lost in the process of
translation.
How many times should a will read to a blind person?
Twice. Exception: if he understands the contents thereof
on the first reading (Alvarado vs Gaviola).
This aforementioned rule applies if a person is illiterate
because under the law, he is in the same condition as a
blind person. He does not know what the symbol on the
will stands for.
Is it necessary that the reading of the will to the blind be
simultaneous?
No. This will just confuse the blind person. The
communication of the contents must be at separate
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Article 810
The answer us found just after this problem.
A person may execute a holographic will which must be
entirely written, dated, and signed by the hand of the
testator himself. It is subject to no other form, and may
be made in or out of the Philippines, and need not be
witnessed.
1. easier to make
2. easier to revise
3. easier to keep a secret
II.
Article 811
In the probate of a holographic will, it shall be necessary
that at least one witness who knows the handwriting and
signature of the testator explicitly declare that the will
and the signature are in the handwriting of the testator.
If the will is contested, at least three of such witnesses
shall be required.
In the absence of any competent witness referred to in
the preceding paragraph, and if the court deem it
necessary, expert testimony may be resorted to.
Article 812
In holographic wills, the dispositions of the testator
written below his signature must be dated and signed by
him in order to make them valid as testamentary
dispositions.
Article 813
When a number of dispositions appearing in a
holographic will are signed without being dated, and the
last disposition has a signature and a date, such date
validates the dispositions preceding it, whatever be the
time of prior dispositions.
Article 814
In case of any insertion, cancellation, erasure or
alteration in a holographic will, the testator must
authenticate the same by his full signature.
What are the formalities of a holographic will?
1.
2.
3.
4.
2.
3.
easier to make
easier to revise
easier to keep a secret
no witnesses are required
no marginal signatures on the pages are
required
no acknowledgment is required
*You can answer a notarial will and state your own reason.
You may cite the disadvantsges of a holographic will.
May an illiterate person executed a holographic will?
No. It is required that a holographic will must be entirely
written by hand of the testator himself. An illiterate
person is presumed not to be able to read and write.
What if an illiterate person copies what his friend wrote,
would the will be valid?
No. Because it is not the product of his independent
thinking.
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Yes.
Can the testator sign with his thumb mark?
Can the testator sign with his nickname?
Yes.
*The signature required for holographic will is not the
simple handwriting of name and surname in a habitual
manner. Generally, the signature includes a persons name
and surname. But, it is not necessary that the full name be
written, if the habitual signature does not include the full
first name or surname.
2.
The law does not provide for the place where the date
must be placed. Hence, the date may be placed at the end
or at the beginning of the will, or in the body thereof,
although its normal location should be after his signature.
If a holographic will has no date, is it valid?
No. The law requires that it must be dated.
2.
FACTS: The will was not presented for probate, instead, the
petitioner tried to establish its due execution and contents
by the testimony of witnesses, who declared that they had
seen the will and had read its contents.
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3.
4.
January 3, 1995
(C)
Why is there a need for authentication?
I give my house and lot in QC to Juan Santos.
Because with respect to insertions on holographic will,
fraud can easily be committed.
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Valid.
Article 815
Illustration II. Holographic will
January 3, 1995
I give everything to Maria.
Article 816
The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the
law of the place in which he resides, or according to the
formalities observed in his country, or in conformity with
those which this Code prescribes.
January 3, 1995
Article 817
Clara
I give everything to Maria. (Thereafter, the name Maria
was altered and the name Clara was written, but the
testator did not affixed his full signature.)
Article 818
Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for
the benefit of a third person.
Article 819
intrinsic validity
capacity to succeed
order of succession
amount of successional rights
2.
3.
4.
.
(Sgd) Mr.X (husband)
. .
(Sgd) Mrs. Y (wife)
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2.
3.
4.
5.
2.
order of succession
amount of successional rights
capacity to succeed
intrinsic validity
2.
3.
4.
*The first two (2) qualifications are also necessary for the
making of a will. In the case of instrumental witnesses, the
law adds two (2) additional qualifications. The reason for
this is evident: during the probate of the will, the testimony
of the witnesses is required. Certainly, it will be quite
difficult for an illiterate witness to give an intelligent
testimony. The same thing can be said of a deaf-mute, or a
person who is either blind, deaf or dumb.
What is a dumb person?
It refers to a mute person, one who cannot speak.
What are the disqualifications of witnesses?
1.
2.
3.
4.
5.
6.
2.
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2.
Pointers:
1.
2.
3.
a.
b.
c.
d.
e.
the witness
the spouse of the witness
the parent of the witness
the child of the witness
anyone claiming the right of the said
witness, spouse, parent or child (e.g.
the creditor of the witness, if said
creditor has not been paid his credit)
Article 826
The same as holographic and notarial wills.
In order that a codicil may be effective, it shall be
executed as in the case of a will.
Article 827
If a will, executed as required by this Code, incorporates
into itself by reference any document or paper, such
document or paper shall not be considered a part of the
will unless the following requisites are present:
(1) The document or paper referred to in the
will must be in existence at the time of the
execution of the will;
(2) The will must clearly describe and identify
the same, stating among other things the
number of pages thereof;
Exception:
1.
2.
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Article 833
A revocation of a will based on a false cause or an illegal
cause is null and void
Article 834
The recognition of an illegitimate child does not lose its
legal effect, even though the will wherein it was made
should be revoked.
What do you mean by revocation as applied to wills?
It is an act of the mind terminating the potential capacity
of the will to operate at the death of the testator,
manifested by some outward or visible act or sign,
symbolic thereto.
Can the testator waive the right to revoke?
No. It is a void waiver. The law provides that the right of
the testator to revoke cannot be restricted.
In 1985, in paragraph 10 of his will, it is stated, This is
my last will and testament, and I do not intend to change
any of the provisions in it. I therefore waive my right of
revocation. In 1995, he changed his mind. Can X still
revoke his 1985 will?
Yes.
By implication of law.
By some will, codicil, or other writing executed
as provided in case of wills.
3.
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2.
3.
4.
5.
6.
7.
2.
3.
4.
5.
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None.
Yes.
X threw his will into the fire with intent to revoke. The
will was slightly burned without affecting a single word.
Is there a valid revocation.
Dean Navarro: The question must be asked is: Was the act
subjectively complete? If yes, then even if there is a
subsequent desistance, there arises a valid revocation.
Suppose that Mr X with an intent to revoke the will, tore
the will just once and threw it in the waste basket.
Thereafter, he changed his mind and pasted back the
will? Is the will valid?
No. There was already a completion of the subjective
phase of the overt act. Therefore, the will was already
revoked. The subsequent pasting it back did not restore
the validity of the will.
When is the act deemed to be still in its subjective phase?
If the testator still intends to do a further act.
What if instead of tearing it himself, Mr X used shredding
machine. Is there a valid revocation?
Yes.
Notes:
1. Tearing includes cutting. A clause may be revoked by
cutting the same from the will.
2. The mere act of crumpling or the removal of the
fastener binding the pages of a will does not constitute a
revocation, even though there be animo revocandi.
Reason: Crumpling is not one of the overt acts provided by
the law.
However, in Roxas vs Roxas, 48 OG 2177, the court
impliedly allowed crumpling as one of the overt acts,
provided, there is animo revocandi.
3. Tearing of even the signature alone constitute
revocation, provided, the other requisites are present. This
is because the signature goes to the very heart of the will.
4. Humpty Dumpty Rule: Once a will has been torn and
revoked, it can no longer be revived by putting the pieces
together.
Suppose X dug a place in his yard and buried the will
there, is there a valid revocation?
X had four (4) copies of his will. He burned the first copy
with an intent to revoke. Can the heirs have the
remaining three (3) copies probated?
No. It is evident that X has decided to revoke the will.
There was a complete act of actual and physical
destruction of the will, notwithstanding that there were
other three (3) copies. Further, there is an intention on the
part of the testator to revoke the will. What is controlling
here, is the intent of revocation. In the main, destruction
of a copy of the will is a sufficient revocation, despite the
presence of other copies, if there is an intention on the
part of the testator to revoke the will.
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1.
2.
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Article 837
If after making a will, the testator makes a second will
expressly revoking the first, the revocation of the second
will does not revive the first will, which can be revived
only by another will or codicil.
What is republication as applied to wills?
It is an act of the testator whereby he reproduces in a
subsequent will the dispositions contained in a previous
will, which is void as to its form or executed a codicil to his
will.
Notes: With respect to republication:
1. It is express republication, if the testator reproduces in
a subsequent will, the dispositions contained in a previous
will, which is void as to its form. (Article 835)
2. It is a constructive republication if the testator for some
reason or another executes a codicil to his will. (Article
836)
3. Revival is the restoration to validity of a previously
revoked will by operation of law.
Republication
Takes place by an act of the
testator.
Corrects extrinsic and
intrinsic defects.
Revival
Takes place by operation of
law.
Restores a revoked will.
(c) The effect is as if, he made the will not in 1999 but in
2000.
*Observe that under Article 793, had the original will been
valid, and no republication was made, F could get two (2)
cars, even if by the time of Xs death, the latter already had
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b.
c.
d.
undue influence
the testator was under eighteen (18)
the testator was insane
b.
c.
Where the second will expressly revokes the first will; the
first will is not revived by the revocation of the second will,
unless, such revival is provided in another will or codicil.
a.
fraud or force
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2.
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Why?
1.
2.
3.
4.
2.
3.
Notes:
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2.
2.
3.
3.
4.
No. For this does not concern the extrinsic validity of the
will.
Revocation
Voluntary act of the
testator.
With or without cause
Maybe partial or total.
2.
2.
3.
Disallowance
Given by judicial order.
Must always be for a legal
cause.
As a rule: always total
(except, when the ground
of fraud or undue influence
for example, affects only
certain portions of the will).
2.
2.
3.
Article 839
The will shall be disallowed in any of the following cases:
(1) If the formalities required by law have not
been complied with;
(2) If the testator was insane, or otherwise
mentally incapable of making a will, at the time
of its execution;
(3) If it was executed through force or under
duress, or the influence of fear, or threats;
(4) If it was procured by undue and improper
pressure and influence, on the part of the
beneficiary or of some other person;
(5) If the signature of the testator was procured
by fraud;
(6) If the testator acted by mistake or did not
intend that the instrument he signed should be
his will at the time of affixing his signature
thereto.
What are the grounds for disallowance of a will?
Article 839.
*The grounds given in Article 839 are exclusive. Thus, no
other grounds can serve as to disallow a will.
If at the time of the execution of the will, the signature
was procured by fraud and such fraud came not from the
heir, but from a third person, should the will be allowed?
No. The law does not make a distinction as to the who the
author of the fraud is.
Undue Influence?
There is undue influence when a person takes advantage
of his power over the will of another, depriving the latter
of a reasonable freedom of choice.
*In Pascual vs CA, the court held that undue influence
must:
4.
5.
Intimidation?
There is intimidation when the testator is compelled by a
reasonable and well-grounded fear of an imminent and
grave evil upon his person or property, upon the person or
property of his spouse, descendants or ascendants to
execute the will.
Fraud?
Fraud is present to invalidate a will, if by
misrepresentation and deception, the testator is lead into
making a will, different from what he would have made,
but for misrepresentation and deception.
Violence?
Violence is present, when, in order to compel the testator
to make a will, serious and irresistible force is employed.
*There is no undue influence just because a testator made
his mistress, or his illegitimate child by her, the heir to the
entire free portion. Mere affection, even if illegitimate, is
not undue influence, as long as the giving was voluntary.
(Coso vs Fernandez Deza, 42 Phil 596).
Remember however, that although such will may be
admitted to probate because of the absence of undue
influence, still under our law, a mistress is incapacitated to
inherit. (See Article 1029 in relation to Article 739)
Bugnao vs Ubag, 14 Phil 163
FACTS: X made a will giving all his property to his widow
and leaving nothing to his brothers and sisters. X had no
parents or children. The brothers and sisters opposed the
will on the ground of lack of testamentary intent as well as
undue influence, for it was inherently improbable that a
man would make so unnatural and unreasonable will. It
was proved however, that they had a bitter religious
quarrel with the testator, so bitter that they did not even
attend the funeral of the deceased, despite the fact they
were full grown men and women.
1.
2.
3.
page | 57 .
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page | 58 .
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2.
3.
2.
3.
4.
Article 841
A will shall be valid even though it should not contain an
institution of an heir, or such institution should not
comprise the entire estate, and even though the person
so instituted should not accept the inheritance or should
be incapacitated to succeed.
In such cases the testamentary dispositions made in
accordance with law shall be complied with and the
remainder of the estate shall pass to the legal heirs.
What is the effect if the will does not contain an
institution of heir?
The rule under Article 841 is that, the will is still valid
although it may not contain an institution of heir.
*Refer this to the immediately preceding problem.
The same is true in case of a partial institution or in case of
a vacancy in the inheritance due to repudiation or
incapacity. The effect in all of these cases is that the
testamentary dispositions, which are made in accordance
with the law, shall be complied, while the remainder shall
pass to the legal heirs in accordance with the law of
intestate succession.
A will, unless otherwise defective is valid even if:
a.
b.
c.
page | 59 .
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Article 842
Article 844
2.
3.
4.
page | 61 .
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Article 848
If the testator should institute his brothers and sisters,
and he has some of full blood and others of half blood,
the inheritance shall be distributed equally unless a
different intention appears.
A
=
P40,000.00
B
=
P40,000.00
C
=
P40,000.00
__________________________
P120.000.00
Article 849
Yes. Even if the law does not say so it is believed that the
rule in Article 846 cannot be applied absolutely in case one
of those instituted is a compulsory heir, inasmuch as
institution in general refers merely to the free portion.
Therefore, the legitime must be first removed and what
remains will be divided equally.
P60,000.00
P20,000.00
B
=
P20,000.00
C
=
P20,000.00
__________________________
P120,000.00
as compulsory heir
as voluntary heir
as voluntary heir
as voluntary heir
= (1/2 of P120,000.00)
=(1/4 of P120,000.00)
=
=
P60,000.00
P30,000.00
P15,000.00
P15,000.00
page | 62 .
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P60,000.00
P30,000.00
P30,000.00
2.
3.
=
P120,000.00
(minus)
aggregate share of all the heirs
P100,00.00
________________________________________
Remaining free portion =
P20,000.00
=
P120,000.00
(minus)
Aggregate share of all the heirs
P90,000.00
_________________________________________
Remaining free portion
P30,000.00
P120,000.00 x P30,000.00
P100,000.00
Second step:
P36,000.00
P120,000.00 x P30,000.00
P10,000.00
P120,000.00 x P60,000.00
P90,000.00
P36,000.00
Formula:
P120,000.00 x P40,000.00
P100,00.00
P48,000.00
P80,000.00
P120,000.00 x P30,000.00
P90,000.00
P40,000.00
A
=
P48,000.00
B
=
P36,000.00
C
=
P36,000.00
___________________________
P120,000.00
=
=
P80,000.00
P40,000.00
___________
P120,000.00
page | 64 .
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Article 853
If each of the instituted heirs has been given an aliquot
part of the inheritance, and the parts together exceed the
whole inheritance, or the whole free portion, as the case
may be, each part shall be reduced proportionally.
Testator stated in his will, I will give A of my estate; B
and C . Suppose that the net estate is worth
P120,000.00. Distribute the estate.
CHART:
Amount Received As Instituted
A=P60,000.00
- P12,000.00 =
P48,000.00
B=P60,000.00
- P12,000.00 =
P48,000.00
C=P30,000.00
- P6,000.00 =
P24,000.00
______________________________________________
P150,000.00
- P30,000.00 =
P120,000.00
First step:
Article 854
i. A(1/2 of P120,000.00)
=
P60,000.00
B(1/2 of P120,000.00)
=
P60,000.00
C(1/4 of P120,000.00)
=
P30,000.00
_________________________________________
Aggregate share of all heirs
P150,00.00
ii. net estate
=
P120,000.00
(minus)
Aggregate share of all heirs
P150,000.00
__________________________________________
Excess
= (negative) P30,000.00
P120,000.00 x P60,000.00
P150,000.00
P48,000.00
P120,000.00 x P60,000.00
P150,000.00
B
C
=
=
P48,000.00
P120,000.00 x P30,000.00
P150,000.00
P24,000.00
=
=
P48,000.00
P48,000.00
2.
3.
page | 65 .
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2.
3.
d.
Voluntary Share
Amount Received
A: P20,000.00 + P10,000.00
= P30,000.00
B: P20,000.00 + P10,000.00
= P30,000.00
C: P20,000.00 + P10,000.00
= P30,000.00
G:
+ P30,000.00
= P30,000.00
F: instituted is annulled
____________________________________________
P60,000.00
P60,000.00
P120,000.00
Is there preterition?
Institution
Reduction/
Increase
-P1,428.57
P30,000.00
(-P10,000.00)
B
C
P12,000.00
None
+P8,000.00
+P20,000.00
P60,000.00
-P8,571.43
To be Received
P20,000.00 (legitime)
+
P8,571.43 (DFP)
= P28,571.43
P20,000.00 (legitimte)
P20,000.00
(legitimate)
P51,428.57
Legitime
Voluntary
Amount to be Reduced
A=P20,000.00
P10,000.00 / (1/7) 10 = P1,428.57
B=P20,000.00
C=P20,000.00
F=
P60,000.00 / (6/7) 10 = P8,571.43
______________________________________________
P60,000.00 + P70,000.00 = P130,000.00 (Aggregate
Amount)
- P120,000.00 (Net Estate)
_____________________
P10,000.00 (Amount to
be Reduced)
Formula:
Voluntary Share x Amount to be Reduced
Aggregate Amount of Voluntary Share
A=
P10,000.00 x P10,000.00
P70,000.00
A=
P1,428.57
F=
P60,000.00 x P10,000.00
P70,00.00
F=
P8,571.43
Yes.
The rule is different in case of a compulsory heir. In this
case, there is a right of representation. However, what is
transmitted to the representatives of the compulsory heir,
is his right to the legitime, and not upon the free portion, if
he has also been instituted by the testator to the whole or
aliquot part of such free portion.
Notes:
1. Thus, the general rule is, an heir who dies before the
testator, shall transmit no right to his own heirs. A
distinction, however, must be made between the case of a
voluntary heir and the case of a compulsory heir.
2. The rule is absolute with respect to a voluntary heir.
Reason: Since the right of representation does not apply
to the heirs of a voluntary heir, it necessarily follow, that
when a voluntary heir predeceases the testator or
incapacitated, or renounces the inheritance he cannot
transmit any right to the heirs. The same is true when a
person is designated as a devisee or legatee, with respect
to a determinate property. Since, a devise or legacy is a
charge upon the free portion of the inheritance, it
necessarily follows, that when the designated devisee or
legatee dies before the testator, no right whatsoever is
transmitted to the heirs of such devisee or legatee.
3. It is different in the case of a compulsory heir. It is
nd
evident from the provision of the 2 paragraph of Article
856. The exception referred to is of course the right of
representation. It must be noted, however, that what is
transmitted to the representatives of the compulsory heir
is his right to the legitime and not to the free portion in
case he has also been instituted by the testator, to the
whole or to an aliquot part of such free portion. This is so,
because of the principle that in testamentary succession,
the right of representation pertains only to the legitime
and not to the free portion.
page | 68 .
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Article 861
If heirs instituted in unequal shares should be reciprocally
substituted, the substitute shall acquire the share of the
heir who dies, renounces, or is incapacitated, unless it
clearly appears that the intention of the testator was
otherwise. If there are more than one substitute, they
shall have the same share in the substitution as in the
institution.
Article 862
The substitute shall be subject to the same charges and
conditions imposed upon the instituted heir, unless and
testator has expressly provided the contrary, or the
charges or conditions are personally applicable only to
the heir instituted.
Article 863
A fideicommissary substitution by virtue of which the
fiduciary or first heir instituted is entrusted with the
obligation to preserve and to transmit to a second heir
the whole or part of the inheritance, shall be valid and
shall take effect, provided such substitution does not go
beyond one degree from the heir originally instituted,
and provided further, that the fiduciary or first heir and
the second heir are living at the time of the death of the
testator.
Article 864
(3) Reciprocal; or
Article 865
(4) Fideicommissary
Article 859
The testator may designate one or more persons to
substitute the heir or heirs instituted in case such heir or
heirs should die before him, or should not wish, or should
be incapacitated to accept the inheritance.
A simple substitution, without a statement of the cases to
which it refers, shall comprise the three mentioned in the
preceding paragraph, unless the testator has otherwise
provided.
Article 860
Two or more persons may be substituted for one; and one
person for two or more heirs.
page | 69 .
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Article 867
The following shall not take effect:
1.
2.
3.
2.
brief or compendious
3.
reciprocal
4.
Article 869
b.
c.
Article 870
The dispositions of the testator declaring all or part of the
estate inalienable for more than twenty years are void.
General Limitation: If the heir for whom a substitute is
appointed is a compulsory heir, the rule is that, the
substitution cannot effect the legitimate of such heir.
Since the right to appoint a substitute for the heir
instituted is based on the testators freedom of
disposition, the same limitation which is imposed upon
such freedom of disposition must also be imposed upon
such freedom to appoint a substitute. This is clear from
the provisions of Article 842, 864, 872 and 904.
Brief or Compendious
Brief when the testator designates two (2) or more
persons to substitute for only one (1) heir.
Compendious when there is only one (1) person
designated by the testator to substitute for two (2) or
more persons.
Reciprocal when two (2) or more persons are not only
instituted as heirs, but there are also designated mutually
as substitutes for each other.
Fideicomissary that which takes place, when the
fiduciary or first heir instituted is entrusted with the
obligation to preserve and to transmit to a second heir,
the whole or part of the inheritance, provided that such
substitution:
a.
page | 70 .
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b.
2.
incapacity
3.
repudiation
A=P300,000.00 + P100,000.000
= P400,000.00
B=P150,000.00 +P50,000.00
=P200,000.00
_____________________________________________
P400,000.00 +P150,000.00
=P600.000.00
(NE)
(Instituted Amount)
(Amount to be Shared)
P60,000.00 P450,000.00
=P150,000.00
Formula:
Share of Heir x Amount to be Shared
Aggregate Amount of Institution
A
P300,000.00 x P150,000.00
P450,000.00
P100,000.00
P150,000.00 x P150,000.00
P450,000.00
P50,000.00
1.
2.
2.
2.
2.
3.
2.
3.
4.
2.
2.
3.
2.
3.
4.
page | 72 .
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Will F inherit?
Yes.
In relation to Article 876 (2), is it possible to violate
Article 863?
Yes. The limitation as to the one degree limitiation.
Article 863 (2) provision which contain:
1.
2.
page | 73 .
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Illustration:
X
Illustration:
X
Article 869
No.
What about A?
A cannot alienate because only twelve (12) years have
passed from the death of X.
Illustration:
X
page | 74 .
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Illustration:
X
A (fiduciary)
(fideicomissary) B
page | 75 .
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by kotch.agcaoili.agudo
(fideicomissary + 1989)
A (fiduciary)
page | 76 .
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2.
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Article 877
If the condition is casual or mixed, it shall be sufficient if
it happens or be fulfilled at any time before or after the
death of the testator, unless he has provided otherwise.
Should it have existed or should it have been fulfilled at
the time the will was executed and the testator was
unaware thereof, it shall be deemed as complied with.
If he had knowledge thereof, the condition shall be
considered fulfilled only when it is of such a nature that it
can no longer exist or be complied with again.
Article 878
A disposition with a suspensive term does not prevent
the instituted heir from acquiring his rights and
transmitting them to his heirs even before the arrival of
the term.
Article 879
If the potestative condition imposed upon the heir is
negative, or consists in not doing or not giving
something, he shall comply by giving a security that he
will not do or give that which has been prohibited by the
testator, and that in case of contravention he will return
whatever he may have received, together with its fruits
and interests.
Article 880
If the heir be instituted under a suspensive condition or
term, the estate shall be placed under administration
until the condition is fulfilled, or until it becomes certain
that it cannot be fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give the
security required in the preceding article.
Article 881
The appointment of the administrator of the estate
mentioned in the preceding article, as well as the manner
of the administration and the rights and obligations of
the administrator shall be governed by the Rules of Court.
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Article 882
The statement of the object of the institution, or the
application of the property left by the testator, or the
charge imposed by him, shall not be considered as a
condition unless it appears that such was his intention.
That which has been left in this manner may be claimed
at once provided that the instituted heir or his heirs give
security for compliance with the wishes of the testator
and for the return of anything he or they may receive,
together with its fruits and interests, if he or they should
disregard this obligation.
Article 883
When without the fault of the heir, an institution
referred to in the preceding article cannot take effect in
the exact manner stated by the testator, it shall be
complied with in a manner most analogous to and in
conformity with his wishes.
If the person interested in the condition should prevent its
fulfillment, without the fault of the heir, the condition
shall be deemed to have been complied with.
Article 884
Conditions imposed by the testator upon the heirs shall
be governed by the rules established for conditional
obligations in all matters not provided for by this Section.
Article 885
The designation of the day or time when the effects of
the institution of an heir shall commence or cease shall be
valid.
In both cases, the legal heir shall be considered as called
to the succession until the arrival of the period or its
expiration. But in the first case he shall not enter into
possession of the property until after having given
sufficient security, with the intervention of the instituted
heir.
When a testamentary disposition conditional?
A testamentary disposition is conditional, when its
effectivity is subordinated to the fulfilment or non
fulfilment of a future and uncertain fact or event.
What is a condition?
A condition is a future and uncertain fact or event upon
the fulfilment of which the testamentary disposition is
made to depend.
* The testator cannot impose any charge, condition, or
substitution whatsoever upon the legitimes prescribed in
this Code. Should he do so, the same shall be considered as
not imposed.
Exception: That the hereditary estate shall not be
partitioned of a period of twenty (20) years. Under Article
1083, this power of the testator to prohibit the division of
the estate applies even to the legitime of the compulsory
heirs.
The rule just stated is a reiteration of the untouchability of
the legitime of the compulsory heirs.
When is a condition impossible?
A condition is impossible when it is not possible of
realization because it is either contrary to physical,
juridical or moral laws.
What is the effect if the impossible conditions and those
contrary to law or good customs are imposed by the
testator?
It shall be considered as not imposed and it shall not affect
the heir (also the legacy or devisee) even if the testator
should otherwise provide.
There is a presumption in this case that the condition is
due to a mistake or oversight or merely a whim or caprice
of the testator. Consequently, it must be disregarded as a
matter of justice to the instituted heirs, devisees or
legatees.
X said in his will, I hereby institute my friend B, subject
to the condition that he will be able to show his ability to
fly in six (6) months. Suppose B was not able to comply
with the condition, can B inherit?
Yes. Since it is an impossible condition, it shall be
considered as not imposed and shall in no manner
prejudice the heir.
page | 79 .
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2.
3.
a.
b.
c.
4.
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Illustration:
W1
W2
1.
2.
1.
2.
3.
Yes.
2.
3.
It is subject to a mode.
*It should not be understood, however, that every
expression of wish of the testator not constituting a
condition should be considered as a mode. The testator
may make indications, suggestions, etc., which do not have
a coercive or obligatory force.
In case of doubt, the statement of the testator should be
considered as a mode, which imposes an obligation, but
merely a suggestion which the heir or legatee may follow
or not.
In the preceding problem, can X demand for the property
immediately after Ts death?
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Article 886
Legitime is that part of the testator's property which he
cannot dispose of because the law has reserved it for
certain heirs who are, therefore, called compulsory heirs.
Articke 887
The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to
their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and
descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children
by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not
excluded by those in Nos. 1 and 2; neither do they exclude
one another.
In all cases of illegitimate children, their filiation must be
duly proved.
The father or mother of illegitimate children of the three
classes mentioned, shall inherit from them in the manner
and to the extent established by this Code.
Article 888
The legitime of legitimate children and descendants
consists of one-half of the hereditary estate of the father
and of the mother.
The latter may freely dispose of the remaining half,
subject to the rights of illegitimate children and of the
surviving spouse as hereinafter provided. (808a)
Article 889
The legitime of legitimate parents or ascendants consists
of one-half of the hereditary estates of their children and
descendants.
Article 890
The legitime reserved for the legitimate parents shall be
divided between them equally; if one of the parents
should have died, the whole shall pass to the survivor.
If the testator leaves neither father nor mother, but is
survived by ascendants of equal degree of the paternal
and maternal lines, the legitime shall be divided equally
between both lines. If the ascendants should be of
different degrees, it shall pertain entirely to the ones
nearest in degree of either line.
Article 891
The ascendant who inherits from his descendant any
property which the latter may have acquired by
gratuitous title from another ascendant, or a brother or
sister, is obliged to reserve such property as he may have
acquired by operation of law for the benefit of relatives
who are within the third degree and who belong to the
line from which said property came.
Article 892
If only one legitimate child or descendant of the
deceased survives, the widow or widower shall be
entitled to one-fourth of the hereditary estate. In case of
a legal separation, the surviving spouse may inherit if it
was the deceased who had given cause for the same.
If there are two or more legitimate children or
descendants, the surviving spouse shall be entitled to a
portion equal to the legitime of each of the legitimate
children or descendants.
In both cases, the legitime of the surviving spouse shall
be taken from the portion that can be freely disposed of
by the testator.
Article 893
If the testator leaves no legitimate descendants, but
leaves legitimate ascendants, the surviving spouse shall
have a right to one-fourth of the hereditary estate.
This fourth shall be taken from the free portion of the
estate.
page | 86 .
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Article 894
Article 899
Article 895
The legitime of each of the acknowledged natural
children and each of the natural children by legal fiction
shall consist of one-half of the legitime of each of the
legitimate children or descendants.
The legitime of an illegitimate child who is neither an
acknowledged natural, nor a natural child by legal
fiction, shall be equal in every case to four-fifths of the
legitime of an acknowledged natural child.
The legitime of the illegitimate children shall be taken
from the portion of the estate at the free disposal of the
testator, provided that in no case shall the total legitime
of such illegitimate children exceed that free portion, and
that the legitime of the surviving spouse must first be
fully satisfied.
Article 896
Illegitimate children who may survive with legitimate
parents or ascendants of the deceased shall be entitled to
one-fourth of the hereditary estate to be taken from the
portion at the free disposal of the testator.
Article 897
When the widow or widower survives with legitimate
children or descendants, and acknowledged natural
children, or natural children by legal fiction, such
surviving spouse shall be entitled to a portion equal to
the legitime of each of the legitimate children which must
be taken from that part of the estate which the testator
can freely dispose of.
Article 900
If the only survivor is the widow or widower, she or he
shall be entitled to one-half of the hereditary estate of
the deceased spouse, and the testator may freely dispose
of the other half.
If the marriage between the surviving spouse and the
testator was solemnized in articulo mortis, and the
testator died within three months from the time of the
marriage, the legitime of the surviving spouse as the sole
heir shall be one-third of the hereditary estate, except
when they have been living as husband and wife for more
than five years. In the latter case, the legitime of the
surviving spouse shall be that specified in the preceding
paragraph.
Article 901
When the testator dies leaving illegitimate children and
no other compulsory heirs, such illegitimate children shall
have a right to one-half of the hereditary estate of the
deceased.
The other half shall be at the free disposal of the testator.
Article 902
The rights of illegitimate children set forth in the
preceding articles are transmitted upon their death to
their descendants, whether legitimate or illegitimate.
Article 903
Article 898
If the widow or widower survives with legitimate
children or descendants, and with illegitimate children
other than acknowledged natural, or natural children by
legal fiction, the share of the surviving spouse shall be the
same as that provided in the preceding article.
Article 904
Article 910
The testator cannot deprive his compulsory heirs of their
legitime, except in cases expressly specified by law.
Neither can he impose upon the same any burden,
encumbrance, condition, or substitution of any kind
whatsoever.
Article 905
Every renunciation or compromise as regards a future
legitime between the person owing it and his compulsory
heirs is void, and the latter may claim the same upon the
death of the former; but they must bring to collation
whatever they may have received by virtue of the
renunciation or compromise.
Article 906
Art. 906. Any compulsory heir to whom the testator has
left by any title less than the legitime belonging to him
may demand that the same be fully satisfied.
Article 907
Testamentary dispositions that impair or diminish the
legitime of the compulsory heirs shall be reduced on
petition of the same, insofar as they may be inofficious or
excessive.
Article 908
To determine the legitime, the value of the property left
at the death of the testator shall be considered,
deducting all debts and charges, which shall not include
those imposed in the will.
To the net value of the hereditary estate, shall be added
the value of all donations by the testator that are subject
to collation, at the time he made them.
Article 909
Donations given to children shall be charged to their
legitime.
Donations made to strangers shall be charged to that
part of the estate of which the testator could have
disposed by his last will.
page | 88 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
Article 913
If the heirs or devisees do not choose to avail themselves
of the right granted by the preceding article, any heir or
devisee who did not have such right may exercise it;
should the latter not make use of it, the property shall be
sold at public auction at the instance of any one of the
interested parties.
3.
4.
Article 914
The testator may devise and bequeath the free portion as
he may deem fit.
What is a legitime?
What if the spouses lived for five (5) years, before the
marriage in articulo mortis, what is the legitime of the
surviving spouse?
The law considers that there has been affection for such a
length of time, as is sufficient to erase suspicion that the
marriage has been contracted exclusively for inheriting.
c. LP, IC and SS
*The rule on articulo mortis will apply, when the deceased
is the spouse, who was at the point of death at the time of
marriage; hence, it will not apply when the spouse who
was at the point of death, at the time of the marriage, is
the one who survives, and the other, is the one who dies
within three (3) months after the marriage.
d. LP and IC
C
D
W
A
E
F
G
H
A of P60,000.00
=
P30,000.00
B of P60,000.00
=
P30,000.00
SS same share as ILC =
P30,000.00
__________________________________________
Total
P90,000.00
page | 91 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
l. LC and IC
LC one half (1/2)
IC one half (1/2) of the share of LC, hence, one
fourth (1/4)
Hence,
m. SS and full blood brothers
C
D
E
F
G
H
=
=
=
=
=
=
P5,000.00
P5,000.00
P5,000.00
P5,000.00
P5,000.00
P5,000.00
* Note:
1. In no case shall the total legitime of the illegitimate
children exceed the free portion, and the legitime of the
surviving spouse must first be give, before giving any to
the illegitimate children.
o. IC and SS
p. LP only
f. SS and IC?
SS one third (1/3) of the estate
IC one third (1/3) of the estate
i. AC and LP
AC one half (1/2)
LP excluded
j. AC and LC
AC one half (1/2) of one half (1/2) of the estate
LC same share as the LC
k. LP, SS and AC
LPGF P15,000.00
LPGM P15,000.00
LMGF P30,000.00
*If the testator leaves neither father nor mother, but is
survived by ascendants of equal degree of the paternal and
maternal lines, the legitime shall be divided equally
between both lines. If the ascendants should be different
degrees, it shall pertain entirely to the ones nearest in
degree to either lines.
LP excluded
AC treated as LC, hence, one half (1/2)
page | 92 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
How shall the legitime (1/2 of the estate) reserved for the
legitimate parents be divided?
It shall be divided between them equally.
In the preceding problem, what if one of the parents died
already?
The whole (1/2) of the estate shall pass to surviving
spouse.
A has an illegimate child named B. B on the other hand,
has an illegitimate child named C.
Illustration:
A
6.
7.
th
Collateral, 5 Degree
State
1.
2.
3.
Illustration
B
E
Time of death
D
G
5 years
I
Legal heirs to give security
LC/D
LP/A
ILC/D
SS
B/S
2.
Rule of preference
A, B, E, C, D and H.
Are all aforementioned qualified to be reservatios?
No.
Who are qualified to be reservatios?
A and E.
*A, who is the origin of the property, can qualify as
reservation. There is no prohibition under the law.
Is I a mere usufructuary?
No. He can even dispose the property.
What about B?
Is G (reservista) a mere usufructuary?
He cannot be a reservation. In order to be reservatio, one
must be (a) a relative of P (propositus in this case is I) and
(b) must belong to the same line where the property
came. In this case B, does not belong to the same line (As
line) where the property came from. (Asawa lang si B.)
Why?
The purpose of the law is to return the property, which by
accident will go to another family. In this case, if B qualifies
as a reservation, and assuming that A died ahead of B,
then it is possible that the property will go to Bs new
family.
As aforestated, A and E qualify as reservations. Who
between them is entitled to the land?
page | 94 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
1.
2.
nd
V Figure
Ascendant
Ascendant
Propositus
OR L Figure
Ascendant
Brother
Propositus
page | 95 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
Illustration:
D
K = 2/7
L = 2/7
G = 1/7
H = 1/7
I = 1/7
___________
7/7
L
In the preceding problem, what if G died? What will
happen to his share?
M N OP Q R
U V
The 1/7 share of G will go to M by right of representation.
G,H,I,K and L
In this case, they inherit in their own right but, the full and
half-blood rule will still apply.
M= 1
N = 1
O = 1
P = 1
Q = 1
R = 1
T = 2
U = 2
V = 2
___________
12
page | 96 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
M = 1/12
N = 1/12
O = 1/12
P = 1/12
Q = 1/12
R = 1/12
T = 2.12
U = 2/12
V = 2/12
________________
12/12
In the preceding problem, what if M and V died, will S
and W inherit by representation?
No. S and W are not entitled to inherit because they are
already grand nephews. They are relatives of J in the
th
fourth (4 ) degree.
*The right to represent Reversa Troncal applies only to
rd
those within the third (3 ) degree from the Propositus. If
the Reservatios are half-blooded siblings, the degree shall
be determined using the common parent, as a reference
point.
What are the obligations of the Reservista?
1.
2.
3.
4.
to secure by mortagage:
a. the restitution of movable property not
alienated
2.
3.
4.
2.
3.
4.
5.
page | 97 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
*The rule that the illegitimate child inherits one fourt (1/4)
is misleading. This applies only if there is only a single
legitimate child because the illegitimate child inherits one
half (1/2) of the share of the legitime, that is one half (1/2)
of the estate. Hence, one fourth (1/4) of the estate goes to
the illegitimate. If there are several legitimate children, it
should be half of the share of each legitimate child because
if the one fourth (1/4) rule is to be followed, there is the
possibility that the legitimate child inherits less than the
illegitimate.
P18,000.00
P18,000.00
P18,000.00
P4,500.00
P4,500.00
P4,500.00
F P4,500.00
___________________
P72,000.00
*The share of legitimate children cannot be reduced due to
preference. The share of illegitimate children are reduced
first.
What is the legitime of the surviving spouse, if he/she
survives with legitimate parents of ascendants and with
illegitimate children?
The surviving spouse shall be entitled to one eight (1/8) of
the estate (Article 899).
X is survived by (a) his wife, (b) legitimate parents, F and
M, and (c) 2 illegitimate children, A and B. Ascertain the
legitime.
The legitimes are:
W
F and M A and B Free portion -
Or more specifically,
W
F
M
A
B
Free portion -
page | 99 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
2.
by a valid disinheritance;
2.
by an imperfect disinheritance;
3.
4.
page | 101 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
Why?
1.
2.
3.
2.
3.
4.
5.
6.
1.
2.
3.
page | 102 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
7.
P120,000.00
P40,000.00
P10,000.00
P20,000.00
P40,000.00
P120,000.00
GE
(-) P40,000.00
Debts
__________________________________________
P80,000.00
Formula:
P80,000.00
(+) P20,000.00
DIV
__________________________________________
P100,000.00 (amount from which we
determine legitime)
Simplified Formula:
G =
H =
A
B
FP
P25,000.00
P25,000.00
P50,000.00
P5,000.00
iv) Imputation
P50,000.00
FP
(-)
P25,000.00
Ws legitime
P20,000.00
DIV
____________________________________________
P5,000.00 (amount left for distribution to
legatees and devisees)
In his lifetime, X made a donation inter vivos, in favor of F.
Hence, the same shall be imputed against the FP. The
legitime of W shall also be imputed against the free
portion.
(-)
(P20,000.00)
Advance Legitime
(+) P10,000.00
To complete his legitime
____________________________________________
P30,000.00
B =
P30,000.00
Legitime
P7,500.00
Voluntary Heir
____________________________________________
P37,500.00
C =
P200,000.00
P100,000.00
GE
Debts
W =
P30,000.00
i) NE
A =
B =
FP =
P100,000.00
GE
(-) P200,000.00
Debts
________________________________________
Zero
(+)
P100,000.00
P20,000.00
DIV
__________________________________
P120,000.00 (Amount from
which we
determine the
P15,000.00
Legitime
P7,500.00
Voluntary Heir
____________________________________________
P22,500.00
legitime)
=
=
P25,000.00
P25,000.00
page | 104 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
iv) Imputation/Restoration
v) Distribute
Assets available
P50,000.00 from G
Payments to be made
A
=
P25,000.00
legitime
B
=
P25,000.00
legitime
_________________________________________
P50,000.00
In the preceding problem, why should preference be
given to F?
Article 773 provides that if there being two (2) or more
donations, the disposable portion is not sufficient to cover
all of them, those of the more recent dates shall be
suppressed or reduced with regards to the execess.
What about the creditors, can they ask for collation?
The creditors cannot ask for collation as it is available only
for the benefit of the heirs.
When can the creditors sue for rescission of donations?
When the donation has been made in fraud of creditos.
When is donation considered in fraud of creditors?
When at the time thereof, the donor did not reserve
sufficient property to pay his debts prior to the donation.
*Article 758
*Article 759
In the preceding problem, would it make a difference if
the donation was made one (1) year before Xs death and
at the time the debts are already existing?
If X did not leave sufficient assets to answer for debts, it
would be presumed that the said donation was made in
fraud of the creditors.
In the aforementioned problem, G is supposed to return
P50,000.00 to the estate. What is the effect if the
rd
property donated to G has been alienated to a third (3 )
person?
rd
page | 105 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
Hence,
P450,000.00
- Hereditary Estate
(-) P225,000.00
- A, B and Cs Legiitmes
____________________________________________
P225,000.00
- Free Portion
(-) P75,000.00
- Ws Legitime
____________________________________________
P150,000.00
- Free Portion
iv) The amount available for distribution is P150,000.00
from which we deduct the DIV made by X to F, in the
amount of P70,000.00.
Hence,
P150,000.00
- Free Portion
(-) P70,000.00
- DIV to F
___________________________________________
P80,000.00
- Free Portion
v) The amount left representing the FP is only P80,000.00.
The devises and legacies made by the testator cannot
contain it. The total amount of D/L is P160,000.00 (D/L: [a]
a house and lot to G worth P70,000.00; [b] a car to H
worth P30,000.00; and [c] cash to I amounting to
P60,000.00 = P160,000.00)
Hence, the remaining free portion of P80,000.00 shall be
distributed pro-rata among G, H and I.
Hence,
G=
H=
H=
I =
I =
A
B
C
W
F
G
H
I
20T
70T
90T
+
+
+
+
+
+
+
+
Completion/
Legitime
55T
75T
75T
75T
280T
D/L
+
+
+
+
+
+
+
+
35T
15T
30T
80T
=
=
=
=
=
=
=
=
Amount
Received
75,000/00
75,000.00
75,000.00
75,000.00
70,000.00
35,000.00
25,000.00
30,000.00
450,000.00
In the preceding problem, who will get the house and lot
devised to G? G or the compulsory heir?
Following strictly the provision of the law (Article 912), the
compulsory heirs should get the house and lot and they
should pay G the amount of P35,000.00
However, one author (Tolentino) said, in case the devise
cannot be reduced conveniently and the amount of
reduction is equal, the property shall be given to the
devisee.
In this case, the devisee, shall pay the compulsory heirs,
the amount of the reduction.
The above opinion is logical because after all, the testator
wants to give the real property to the devisee.
What about the car? Who among H and the compulsory
heirs will get it?
Formula:
G=
DIV
P70,000.00 x P80,000.00
P160,000.00
P35,000.00
P30,000.00 x P80,000.00
P160,000.00
P15,000.00
P60,000.00 x P80,000.00
P160,000.00
P80,000.00
page | 106 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
SURVIVORS
(1)
LEGITIMATE
DESCENDANTS
(3)
SURVIVING
SPOUSE
1/2
Excluded
1/4
1/2
Excluded
Equal to that of a LD
1/2*
1/8
1/2**
1/2***
1/3
1/2
All Classes but only one (1)
legitimate descendant
All Classes but several legitimate
descendants
(a) Legitimate Ascendants
(b) Surviving Spouse
(c) Illegitimate Children
(a) Legitimate Ascendants
(b) Surviving Spouse
(a) Legitimate Ascendants
(b) Illegitimate Children
(a) Surviving Spouse
(b) Illegitimate Children
(4)
(5)
ACKNOWLEDGED
ACKNOWLEDGE
NATURAL AND/OR
ILLEGAL CHILDREN
NATURAL CHILDREN
NOT NATURAL
BY LEGAL FICTION
Unless, the testator and the surviving spouse were married in articulo mortis and the testator died
within three (3) months from the time of such marriage, in which case the legitime of the spouse as
sole heir is one-third (1/3)
(2)
LEGITIME
ASCENDANTS
1/2 of that of a LD
2/5 of that of a LD
1/4
(5:4)
1/4
(5:4)
1/4
(5:4)
1/3
(5:4)
* If the portion available for distribution is not sufficient, it shall be distributed among the acknowledged natural children or natural children by legal fiction and the spurious
children in the proportion of 5:4.
** If the testator is an illegitimate person, his natural parents are excluded by presence of illegitimate children
*** If natural parents concur with the surviving spouse, the legitime of the former is 1/4, while the latter is also 1/4.
page | 107 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
B
C
D
E
F
G
SURVIVORS
(1)
LEGITIMATE
DESCENDANTS
1/2
(2)
(3)
(4)
LEGITIME
SURVIVING
ILLEGITMATE
ASCENDANTS
SPOUSE
CHILDREN
Unless, the testator and the surviving spouse were married in articulo
mortis and the testator died within three (3) months from the time of
such marriage, in which case the legitime of the spouse as sole heir is
one-third (1/3)
1/2
Excluded
1/4
1/2
Excluded
Equal to that of a LD
1/2*
1/8
1/2**
1/4
1/2***
1/3
1/3
* If the portion available for distribution is not sufficient, it shall be distributed among the illegitimate children equally
** If the testator is an illegitimate person, his natural parents are excluded by presence of illegitimate children
*** If natural parents concur with the surviving spouse, the legitime of the former is 1/4, while the latter is also 1/4.
page | 108 .
copied and modified from ALLIANCE FOR ALTERNATIVE ACTION
by kotch.agcaoili.agudo
-SUCCESSION(Dean Navarro)
Article 915 to Article 923
Disinheritance
Article 915
A compulsory heir may, in consequence of disinheritance,
be deprived of his legitime, for causes expressly stated by
law.
Article 916
Art. 916. Disinheritance can be effected only through a
will wherein the legal cause therefor shall be specified.
Article 917
The burden of proving the truth of the cause for
disinheritance shall rest upon the other heirs of the
testator, if the disinherited heir should deny it.
Article 918
Disinheritance without a specification of the cause, or for
a cause the truth of which, if contradicted, is not proved,
or which is not one of those set forth in this Code, shall
annul the institution of heirs insofar as it may prejudice
the person disinherited; but the devises and legacies and
other testamentary dispositions shall be valid to such
extent as will not impair the legitime.
Article 919
The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as
well as illegitimate:
(1) When a child or descendant has been found guilty of
an attempt against the life of the testator, his or her
spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator
of a crime for which the law prescribes imprisonment for
six years or more, if the accusation has been found
groundless;
(3) When a child or descendant has been convicted of
adultery or concubinage with the spouse of the testator;
page | 109.
copied/modified from: ALLIANCE FOR ALTERNATIVE ACTION
by: kotch agcaoili agudo.
-SUCCESSION(Dean Navarro)
Article 921
The following shall be sufficient causes for disinheriting a
spouse:
(1) When the spouse has been convicted of an attempt
against the life of the testator, his or her descendants,
or ascendants;
(2) When the spouse has accused the testator of a crime
for which the law prescribes imprisonment of six years
or more, and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or
undue influence cause the testator to make a will or to
change one already made;
(4) When the spouse has given cause for legal
separation;
9.
(5) When the spouse has given grounds for the loss of
parental authority;
Article 922
A subsequent reconciliation between the offender and
the offended person deprives the latter of the right to
disinherit, and renders ineffectual any disinheritance that
may have been made.
Article 923
The children and descendants of the person disinherited
shall take his or her place and shall preserve the rights of
compulsory heirs with respect to the legitime; but the
disinherited parent shall not have the usufruct or
administration of the property which constitutes the
legitime.
What is disinheritance?
It is an act of the testator in depriving a compulsory heir of
his legitime for causes expressly stated by law.
What is the purpose of disinheritance?
The purpose of disinheritance is not vengeance but
retribution. Inasmuch as there can be no feelings of
vengeance between parents and children or between
husband and wife at the supreme hour of death.
page | 110.
copied/modified from: ALLIANCE FOR ALTERNATIVE ACTION
by: kotch agcaoili agudo.
-SUCCESSION(Dean Navarro)
Why must the disinheritance be unconditional?
Because the disinheritance must be for an existing cause.
A person cannot be deprived of his legitime for an act
which is not yet done. Disinheritance is a form of penalty,
so the cause must have already been committed.
Suppose X stated in his will that should hi son S, maltreat
him, S shall be disinherited. Thereafter, S maltreated X.
Can S B disinherited?
No. He cannot be disinherited because the disinheritance
was conditional. X should have made another will
disinheriting S, due to maltreatment.
2. maltreatment by word
page | 111.
copied/modified from: ALLIANCE FOR ALTERNATIVE ACTION
by: kotch agcaoili agudo.
-SUCCESSION(Dean Navarro)
T disinherited his son, S because he looks more like his
neighbor than him. Is this valid?
No. Because it is not one of the ground expressly provided
for by law for disinheriting a child.
Can you be validly disinherited if you attempted to kill
your father but the family did not file charges?
Yes. On the ground of maltreatment by deed.
What about if you stabbed your and was convicted of the
crime, but thereafter, pardoned by the President. Can you
still be validly disinherited?
Yes. Even if there is a pardon, disinheritance is still proper.
Exception: if the pardon is based on the heirs complete
innocence.
Suppose that your father tried to kill your mother, but
they subsequently reconciled, can you validly disinherit
your father?
No. The reconciliation between the parents deprives the
child of the right to disinherit the offending spouse.
Reason: The child concerned should not more severe than
the spouse who had been offended.
a.
b.
Yes.
No.
page | 112.
copied/modified from: ALLIANCE FOR ALTERNATIVE ACTION
by: kotch agcaoili agudo.
-SUCCESSION(Dean Navarro)
Suppose that T stated in his will, I disinherit my son X.
But T did not give any reason as to the cause of the
disinheritance. Is there a valid disinheritance?
2.
3.
4.
5.
6.
7.
8.
9.
2.
3.
-SUCCESSION(Dean Navarro)
What are the causes of revocation of disinheritance?
1.
subsequent reconciliation
2.
3.
Effects of Disinheritance:
1. It deprives the compulsory heir, who is disinherited,
from participating in the inheritance, including his
legitime.
2. If the compulsory heir who is disinherited, has children
or descendants, such children or descendents shall take
his/her place and shall preserve his/her right with respect
to the legitime, although the disinherited parents shall
have no right of usufruct or administration of the property,
which constitutes the legitime. (This is by virtue of
representation. Applies only in the direct descending line,
but never in the ascending.)
X disinherited D without specifying the cause. He
instituted B and C as his sole heirs. The net estate of X is
P120,000.00. Distribute.
Yes.
A
It depends.
No. Where the testator has made dispositions of the entire
estate, the nullity or ineffectiveness of the disinheritance
produces the annulment of testamentary dispositions only
insofar as it prejudices the legitime of the disinherited
heir. It does not affect the dispositions of the testator with
respect to the free portion.
Yes. But if the testator did not dispose of the free portion,
in his will, to others and the disinherited heir is also an
intestate heir, then, by the nullity or ineffectiveness of the
disinheritance, the disinherited heir must receive not only
his legitime but everything that he is entitled to get by the
laws of intestacy.
And if in a previous will there are testamentary
dispositions affecting the free portion in favor of the
compulsory heir, the nullity of the subsequent
disinheritance restores the effectiveness of such
testamentary dispositions in his favor.
As to the representatives: If the testator has not disposed
of the free portion to others and has merely provide for
the disinheritance of a child or a descendant, who has an
intestate heir is entitled to more than the legitime, the
representation should extend to everything that would
have passed to the disinherited heir by operation of law.
This includes the amount that pertains to him, as an
intestate heir and not only that as compulsory heir.
page | 114.
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Hence,
Legitime + Intestate Share = Amount Received
A = 15,000.00 + 20,000.00
= 35,000.00
B = 15,000.00 +
20,000.00
= 35,000.00
C = 15,000.00 +
20,000.00
= 35,000.00
E = 7,5000.00 +
= 7,500.00
F = 7,500.00 +
= 7,500.00
_______________________________________________
60,000.00
60,000.00
120,000.00
Article 924
Art. 924. All things and rights which are within the
commerce of man be bequeathed or devised.
Article 925
A testator may charge with legacies and devises not only
his compulsory heirs but also the legatees and devisees.
The latter shall be liable for the charge only to the extent
of the value of the legacy or the devise received by them.
The compulsory heirs shall not be liable for the charge
beyond the amount of the free portion given them.
Article 926
Article 933
Article 927
If two or more heirs take possession of the estate, they
shall be solidarily liable for the loss or destruction of a
thing devised or bequeathed, even though only one of
them should have been negligent.
Article 928
The heir who is bound to deliver the legacy or devise shall
be liable in case of eviction, if the thing is indeterminate
and is indicated only by its kind.
Article 929
If the testator, heir, or legatee owns only a part of, or an
interest in the thing bequeathed, the legacy or devise
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The same rule applies when the thing is pledged or
mortgaged after the execution of the will.
Article 935
The legacy of a credit against a third person or of the
remission or release of a debt of the legatee shall be
effective only as regards that part of the credit or debt
existing at the time of the death of the testator.
In the first case, the estate shall comply with the legacy
by assigning to the legatee all rights of action it may
have against the debtor. In the second case, by giving the
legatee an acquittance, should he request one.
Article 937
Article 941
Article 942
Article 938
A legacy or devise made to a creditor shall not be applied
to his credit, unless the testator so expressly declares.
Article 943
Article 939
-SUCCESSION(Dean Navarro)
Article 944
A legacy for education lasts until the legatee is of age, or
beyond the age of majority in order that the legatee may
finish some professional, vocational or general course,
provided he pursues his course diligently.
A legacy for support lasts during the lifetime of the
legatee, if the testator has not otherwise provided.
If the testator has not fixed the amount of such legacies,
it shall be fixed in accordance with the social standing
and the circumstances of the legatee and the value of the
estate.
Article 945
Article 946
If the thing bequeathed should be subject to a usufruct,
the legatee or devisee shall respect such right until it is
legally extinguished.
Article 947
The legatee or devisee acquires a right to the pure and
simple legacies or devises from the death of the testator,
and transmits it to his heirs.
Article 948
If the legacy or device is of a specific and determinate
thing pertaining to the testator, the legatee or devisee
acquires the ownership thereof upon the death of the
testator, as well as any growing fruits, or unborn
offspring of animals, or uncollected income; but not the
income which was due and unpaid before the latter's
death.
-SUCCESSION(Dean Navarro)
Article 953
The legatee or devisee cannot take possession of the
thing bequeathed upon his own authority, but shall
request its delivery and possession of the heir charged
with the legacy or devise, or of the executor or
administrator of the estate should he be authorized by
the court to deliver it.
Article 954
The legatee or devisee cannot accept a part of the legacy
or devise and repudiate the other, if the latter be
onerous.
Should he die before having accepted the legacy or
devise, leaving several heirs, some of the latter may
accept and the others may repudiate the share
respectively belonging to them in the legacy or devise.
Article 955
Article 959
What is a legacy?
It is a testamentary disposition by virtue of which a person
is called by the testator to inherit an individual item of
personal property.
What is a devise?
It is a testamentary disposition by virtue of which a person
is called by the testator to inherit an individual item called
real property.
*Legacy is bequeathed, while a devise is devised.
Who are the persons that may be charged with legacies
and devises?
The following may be expressly charged by the testator
with the payment or delivery of a legacy or devises?
1. any compulsory heir
2. any voluntary heir
3. any legatee or devisee
4. the estate represented by the executor or administrator
-SUCCESSION(Dean Navarro)
X said in his will, I hereby give my house and lot located
at 123 Manila to Mr Santos. The house and lot is
actually owned by Mr Ramos. However, X thought that
he owns the house and lot. Is the disposition valid?
Sub Legacy
1.
2.
X said in his will, I hereby give the house and lot located
at 123 Manila presently owned by Mr Ramos to Mr
Santos. Is this a valid disposition?
Yes. In this case, there is a presumption that the testator
orders the acquisition of said thing in order that the same
may be given to Mr Santos.
Yes. In this case, Ms Santos will get of the house and lot,
the part which pertains to Mr Ramos.
Why?
It is true that in consenting to be reimbursed of his share,
X in effect had alienated his share to Mr Ramos, and thus,
revoked by operation of law the legacy, insofar as the
original share (1/2 of the share of Mr X) was concerned.
page | 119.
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However, inasmuch as he has given the whole house and
lot to Ms Santos, it follows that there is no revocation
insofar as the other half (share of Mr Ramos) is concerned.
c.
pledges
mortgages it is immaterial whether before
or after the execution of the will
any other encumbrance or lien, like
antichresis, if given to secure or guarantee a
recoverable debt.
easements
usufructs
leases which are real rights
any other charge, whether perpetual or
temporal, with which the thing bequeathed
or devised is burdened.
Yes.
Yes.
page | 120.
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Would it make any difference if it was mortgaged before
the execution of the will?
(See Paras)
-SUCCESSION(Dean Navarro)
If the thing is owned by a third person, ownership over the
thing is acquired upon the acquisition by the estate, of
such property, from the third person.
X said in his will, I hereby give Y a car. Suppose there is
no car in the estate, is the disposition valid?
Yes. In the case of generic personal property, it remains
valid even if there is none in the estate. In this case, it is
evident that the estate is being required to get one so that
it can be given to Y.
None.
page | 122.
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When is there a transformation?
2.
3.
-SUCCESSION(Dean Navarro)
th
C(+) X
D
In the preceding problem, who can inherit from X?
Grandfather (GF), A and B.
Note:
1. A disposition made in general terms, in favor of the
testators relatives shall be understood to be in favor of
those nearest in degree.
page | 124.
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Article 960 to Article 1014
Legal or Intestate Succession
Article 960 to Article 962
General Provisions
Article 960
Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or
one which has subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose
of all the property belonging to the testator. In such case,
legal succession shall take place only with respect to the
property of which the testator has not disposed;
Article 964
A series of degrees forms a line, which may be either
direct or collateral.
A direct line is that constituted by the series of degrees
among ascendants and descendants.
A collateral line is that constituted by the series of
degrees among persons who are not ascendants and
descendants, but who come from a common ancestor.
(916a)
Article 965
The direct line is either descending or ascending.
The former unites the head of the family with those who
descend from him.
Article 966
Article 961
Article 962
In every inheritance, the relative nearest in degree
excludes the more distant ones, saving the right of
representation when it properly takes place.
Relatives in the same degree shall inherit in equal shares,
subject to the provisions of article 1006 with respect to
relatives of the full and half blood, and of Article 987,
paragraph 2, concerning division between the paternal
and maternal lines. (912a)
Article 963 to Article 969
Relationships
Article 963
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Article 968
Article 974
Article 969
Article 975
Article 976
A person may represent him whose inheritance he has
renounced. (928a)
Article 977
Heirs who repudiate their share may not be represented.
(929a)
Article 978 to Article 984
Order of Intestate Succession
Descending Direct Line
Article 972
Article 979
Article 978
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Article 981
Should children of the deceased and descendants of
other children who are dead, survive, the former shall
inherit in their own right, and the latter by right of
representation. (934a)
Article 982
The grandchildren and other descendants shall inherit by
right of representation, and if any one of them should
have died, leaving several heirs, the portion pertaining to
him shall be divided among the latter in equal portions.
(933)
Article 983
If illegitimate children survive with legitimate children,
the shares of the former shall be in the proportions
prescribed by Article 895. (n)
Article 984
In case of the death of an adopted child, leaving no
children or descendants, his parents and relatives by
consanguinity and not by adoption, shall be his legal
heirs. (n)
Article 985 to Article 987
Ascending Direct Line
Article 985
Article 992
Article 986
The father and mother, if living, shall inherit in equal
shares.
-SUCCESSION(Dean Navarro)
Article 994
Article 1000
Article 1001
Should brothers and sisters or their children survive with
the widow or widower, the latter shall be entitled to onehalf of the inheritance and the brothers and sisters or
their children to the other half. (953, 837a)
Article 1002
In case of a legal separation, if the surviving spouse gave
cause for the separation, he or she shall not have any of
the rights granted in the preceding articles. (n)
Article 1003 to Article 1010
Collateral Relatives
Article 1003
If there are no descendants, ascendants, illegitimate
children, or a surviving spouse, the collateral relatives
shall succeed to the entire estate of the deceased in
accordance with the following articles. (946a)
Article 1004
Should the only survivors be brothers and sisters of the
full blood, they shall inherit in equal shares. (947)
Article 998
Article 1005
If a widow or widower survives with illegitimate
children, such widow or widower shall be entitled to onehalf of the inheritance, and the illegitimate children or
their descendants, whether legitimate or illegitimate, to
the other half. (n)
Article 999
Article 1006
When the widow or widower survives with legitimate
children or their descendants and illegitimate children or
their descendants, whether legitimate or illegitimate,
such widow or widower shall be entitled to the same
share as that of a legitimate child. (n)
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Article 1007
In case brothers and sisters of the half blood, some on the
father's and some on the mother's side, are the only
survivors, all shall inherit in equal shares without
distinction as to the origin of the property. (950)
Article 1008
Children of brothers and sisters of the half blood shall
succeed per capita or per stirpes, in accordance with the
rules laid down for the brothers and sisters of the full
blood. (915)
Article 1009
Should there be neither brothers nor sisters nor children
of brothers or sisters, the other collateral relatives shall
succeed to the estate.
The latter shall succeed without distinction of lines or
preference among them by reason of relationship by the
whole blood. (954a)
Article 1010
The right to inherit ab intestato shall not extend beyond
the fifth degree of relationship in the collateral line.
(955a)
Article 1011 to Article 1014
The State
Article 1011
In default of persons entitled to succeed in accordance
with the provisions of the preceding Sections, the State
shall inherit the whole estate. (956a)
Article 1012
In order that the State may take possession of the
property mentioned in the preceding article, the
pertinent provisions of the Rules of Court must be
observed. (958a)
Article 1013
After the payment of debts and charges, the personal
property shall be assigned to the municipality or city
where the deceased last resided in the Philippines, and
the real estate to the municipalities or cities, respectively,
in which the same is situated.
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TABLE OF INTESTATE SUCCESSION UNDER THE FAMILY CODE
SURVIVORS
1. Any class alone
Whole Estate
SHARE
Whole Estate
Excluded
Concurrence or
DIVISION
Rule of Proximity (Article 962, New Civil
Code
Rule of Proximity (Article 962, New Civil
Code
Concurrence Theory Satisfy legitime
and then distribute the disposable
portion, if any, pro rata (10:5).
(Articles 895,983,996,999 New Civil Code)
Exclusion Theory
Surviving spouse entitled to the same
share as each legitimate child
Concurrence or
Exclusion Theory
7.
8.
9.
10.
Whole Estate
Whole Estate
12. State
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What is a legal or intestate succession?
It is that which is effected by operation of law in default if
a will.
Why is it that the designation made by the law of the
person/s who shall succeed the decedent, in cases of legal
or intestate succession is considered as the presumed will
of the decedent?
4.
They are:
1.
2.
3.
4.
-SUCCESSION(Dean Navarro)
grandsons C and D. Can A exclude C and D in the
succession by virtue of the rule of proximity?
No. C and D cannot be excluded by A. In the succession,
of the rule of proximity. By virtue of the right of
representation, they are raised to the degree of their
deceased father.
X (+1999)
2.
3.
B (+1997)
C
D
1.
2.
3.
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From whom does the representative inherit? From the
decedent or from the person represented?
The representative inherits from the decedent and not
from the person represented. In other words, the
represented does not succeed the person represented but
the one from whom the person represented would have
succeeded.
1.
2.
3.
2.
3.
2.
3.
2.
-SUCCESSION(Dean Navarro)
than what the person they represent could inherit, if he
were living or could inherit. (Article 974)
*As a consequence of representation, the representative is
subrogated to all the rights to which the person
represented would have been entitled by operation of law,
if he were living or if he could inherit.
page | 134.
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In the preceding illustration, F died in 1985. As a result,
his estate where inherited by his four (4) children. If B
died, will X be able to inherit the properties which B
inherited from his father F?
Yes. In this case Article 992 does not apply. It is Article 777
that does.
No.
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Hence,
Each legitimate childrens legitime
- P60,000.00
Wifes legitime
- P15,000.00
Each illegitimate childrens legitime
- P15,000.00
___________________________________________
P90,000.00
F =
G =
H =
1
2
2
Therefore,
D, E and F
G and H
= 1/7 each
= 2/7 each
Hence,
H, D and F are dead. What happens?
P120,000.00
- Net Income
P 90,000.00
- Total Amount of Legitime
________________________________________________
P 30,000.00
- Remaining Estate
Following the concurrence theory: Each of the four (4)
legitimate children will get additional P5,000.00. The wife
will get and additional P5,000.00. Each of the two (2)
illegitimate children will get an additional P2,500.00 each.
M NO P
E
=
I and J =
L, M and N =
G
=
Q
=
1/7
1/7
1/7
2/7
2/7
=
=
1/12 each
2/12 each
=
=
O and P
I,J,L,M and N
2/9 each
1/9 each
1
1
=
=
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2.
Illustration:
F and M (1/2)
W
(1/8)
A and B (1/4)
A (adopter)
B (adopted)
C
In the preceding illustration, suppose B predeceased A.
Can C inherit from A by right of representation?
No. Despite the 1988 Domestic Adoption Act, the Sayson
case still applies.
Adoption has created only a legal relationship between the
adopter and the adopted. It does not extend to their other
relatives.
If A predecease B, can B inherit from F?
P60,000.00
P15,000.00
P30,000.00
Intestate Share
F and M (1/2)
W
(1/4)
A and B (1/4)
P60,000.00
P30,000.00
P30,000.00
C
E
Set I
F
M
In the preceding illustration, If G died will C inherit?
X
W
Yes.
B
What about F?
-SUCCESSION(Dean Navarro)
What about A?
Article 1016
Set II
In the illustration, what if it B and C died ahead of A.
After As death, will D inherit from A?
What about E?
No. Because of the barried.
What about F and G?
Yes. By right of representation. But as between F and G,
the 2:1 ratio shall be applied.
Suppose that the Net Estate is P90,000.00, how will you
distribute?
B = P60,000.00 ------------- D = P60,000.00
C = P30,000.00 ------------- F = P20,000.00
G =P10,000.00
____________________________
P90,000.00
Article 1018
In legal succession the share of the person who
repudiates the inheritance shall always accrue to his coheirs. (981)
Article 1019
The heirs to whom the portion goes by the right of
accretion take it in the same proportion that they inherit.
(n)
Article 1020
The heirs to whom the inheritance accrues shall succeed
to all the rights and obligations which the heir who
renounced or could not receive it would have had. (984)
Article 1021
Among the compulsory heirs the right of accretion shall
take place only when the free portion is left to two or
more of them, or to any one of them and to a stranger.
Should the part repudiated be the legitime, the other coheirs shall succeed to it in their own right, and not by the
right of accretion. (985)
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Article 1022
Article 1027
Article 1023
Accretion shall also take place among devisees, legatees
and usufructuaries under the same conditions established
for heirs. (987a)
Article 1024 to Article 1040
Capacity to Succeed by Will or by Intestatcy
Article 1024
Persons not incapacitated by law may succeed by will or
ab intestato.
The provisions relating to incapacity by will are equally
applicable to intestate succession. (744, 914)
Article 1025
In order to be capacitated to inherit, the heir, devisee or
legatee must be living at the moment the succession
opens, except in case of representation, when it is proper.
A child already conceived at the time of the death of the
decedent is capable of succeeding provided it be born
later under the conditions prescribed in article 41. (n)
Article 1026
A testamentary disposition may be made to the State,
provinces, municipal corporations, private corporations,
organizations, or associations for religious, scientific,
cultural, educational, or charitable purposes.
All other corporations or entities may succeed under a
will, unless there is a provision to the contrary in their
charter or the laws of their creation, and always subject
to the same. (746a)
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Article 1030
Testamentary provisions in favor of the poor in general,
without designation of particular persons or of any
community, shall be deemed limited to the poor living in
the domicile of the testator at the time of his death,
unless it should clearly appear that his intention was
otherwise.
The designation of the persons who are to be considered
as poor and the distribution of the property shall be made
by the person appointed by the testator for the purpose;
in default of such person, by the executor, and should
there be no executor, by the justice of the peace, the
mayor, and the municipal treasurer, who shall decide by
a majority of votes all questions that may arise. In all
these cases, the approval of the Court of First Instance
shall be necessary.
The preceding paragraph shall apply when the testator
has disposed of his property in favor of the poor of a
definite locality. (749a)
Article 1031
A testamentary provision in favor of a disqualified
person, even though made under the guise of an onerous
contract, or made through an intermediary, shall be void.
(755)
Article 1032
The following are incapable of succeeding by reason of
unworthiness:
(1) Parents who have abandoned their children or
induced their daughters to lead a corrupt or immoral life,
or attempted against their virtue;
Article 1036
Alienations of hereditary property, and acts of
administration performed by the excluded heir, before
the judicial order of exclusion, are valid as to the third
persons who acted in good faith; but the co-heirs shall
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have a right to recover damages from the disqualified
heir. (n)
Article 1037
b.
c.
d.
Article 1038
2.
Article 1039
2.
3.
Article 1040
What is accretion?
1. R
2. IS
Same
Same
IS
Free
Portion
1. A
2. IS
Same
Same
A
Intestate
Succession
1. R
2. IS
Same
Same
A
Summary
A. In testamentary succession:
2.
1.
Legitime
a.
-SUCCESSION(Dean Navarro)
When can you say that they are earmarked?
Illustration:
D
E
Yes.
Why?
Because all the requisites for accretion in testamentary
succession to arise are present.
If X says in his will, I give the balance of my savings
account with BPI to A, the balance of my Prudential Bank
to B, and I give my cash which I kept in my drawer to C.
C predeceases, will there be accretion in favor of A and B?
None. Because the share of each has been earmarked.
Testator said in his will, I give the entire free portion of
my estate to A, B and C. C repudiated. Will there be an
accretion?
Yes. There will be an accretion in favor of A and B.
In the preceding problem, will there be a difference if the
testator instead stated in his will, I hereby give the
entire free portion of my estate to A, B and C. But, I
hereby designate Y as a substitute for any or all of them.
Will there be accretion? (Note: C repudiated)
No. There will be no accretion. The share of C will go to Y
because substitution takes precedence over accretion. The
former being the expressed will of the testator, while the
latter is based only on the presumed will of the testator.
What happens when the share of each is earmarked, in
case of money or fungible goods are given?
There will be no accretion in case there is a vacancy. The
share rendered vacant goes to the mass estate of the
decedent and the same will be distributed to the heirs of
the decedent in accordance with the rules of intestate
succession.
X has three (3) legitimate children, A, B and C. A has four
(4) legitimate children, D,E,F, and G. B has two (2)
legitimate children, H and I. C has two (2) legitimate
children, J and K. X died intestate leaving a net estate of
P120,000.00. A predecease, B is incapacitated to inherit
while C repudiated. How will you distribute the estate?
P40,000.00
P40,000.00
P40,000.00
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The law provides that if the inheritance should be
repudiated by the nearest relative, should there be only
one or by all the nearest relatives called by law to succeed
should there be several of them, those of the following
degree shall inherit in their own right.
B-
P15,000.00
P15,000.00
P7,500.00
P7,500.00
P5,000.00
E -
P7,500.00
P2,500.00
D
=
P15,000.00
E
=
P15,000.00
F
=
P15,000.00
G
=
P15,000.00
H
=
P15,000.00
I
=
P15,000.00
J
=
P15,000.00
K
=
P15,000.00
___________________________
P120,000.00
Representative of C
Legal heir of X with respect
to the legitime repudiated by
D
_______________________________________________
P10,000.00
Total Amount Received
F P7,500.00
Representative of C
P2,500.00
Legal heir of X with respect
to the legitime repudiated by
D
_______________________________________________
P10,000.00
Total Amount Received
Voluntary =
Amount Received
Share
A P15,000.00 + P15,000.00
=
P30,000.00
B P15,000.00 + P15,000.00
=
P30,000.00
C P15,000.00 + P15,000.00
=
P30,000.00
D P15,000.00 + P15,000.00
=
P30,000.00
___________________________________________
P60,000.00 + P60,000.00 =
P120,000.00
However, since C predeceased and D repudiated his
inheritance, the distribution of the estate is as follows:
P15,000.00
P15,000.00
P7,500.00
P7,500.00
A-
Legitime
Voluntary share
ROA from Cs voluntary share
ROA from Ds voluntary share
Legal heir of X with respect
to the legitime which was
repudiated by D
_______________________________________________
P50,000.00
Total Amount Received
P120,00.00
X
Legitime
P5,000.00
Legitime
Voluntary share
ROA from Cs voluntary share
ROA from Ds voluntary share
=
=
=
=
P30,000.00
P30,000.00
P30,000.00
P30,000.00
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But since C predeceased and D repudiated, the distribution
is as follows:
But since F repudiated, his share will now accrue to his coheirs. Hence, the estate will be distributed as follows:
Legal heir
Intestate
Share
= Amount
Received
A P30,000.00 +
+P15,000.00 =P45,000.00
B P30,000.00 +
+P15,000.00 =P45,000.00
E
+P15,000.00 +
=P15,000.00
F
+P15,000.00 +
=P15,000.00
______________________________________________
P60,000.00 +P30,000.00 +P30,000.00 =P120,000.00
As computed above:
A will get P30,000.00 as legal heir and P15,000.00 by right
of accretion with respect to Ds share (P30,000.00 +
P15,000.00 = P45,000.00)
B will get the same share as A
E will get P15,000.00 as Cs representative.
F will also get P15,000.00 as Cs representative.
X died intestate survived by: (a) his parent F and M; (b)
two (2) illegitimate children, A and B; and (c) W, his wife.
The net estate is P120,000.00. Distribute if F repudiated
his share.
F
May a person who is not yet born during the death of the
decedent inherit?
Yes. If such person has already been conceived at the time
of the death of the decedent, and provided, it be born
later under the conditions prescribed in Article 41 of the
Civil Code
*Under Article 41 of the Civil Code, the following are
considered born and capacitated to succeed:
1.
2.
3.
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time and there shall be no transmission of rights
from one to the other.
In the case of other than natural persons it is necessary
that there will be juridical personality for them to be
capacitated to inherit?
General rule: Yes
Exception: Associations for religious, scientific, cultural,
educational and charitable purposes are allowed by law to
inherit, although these associations are not juridical
persons and therefore, has no juridical capacity.
Who are those incapacitated to succeed?
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1. Yes. Because such relatives are dictated by human
nature to take care of the testator during his illness. To
disqualify them because of the possibility of undue
influence would be unjust and illogical (Jurado subscribes
to this view).
a.
b.
c.
2.
P20,000.00
As compulsory heir
P20,000.00
As intestate heir
B P20,000.00
As compulsory heir
P20,000.00
As intestate heir
C P20,000.00
As compulsory heir
P20,000.00
As intestate heir
__________________________________________
P120,000.00
Dean Navarros Lecture:
1. Article 1027 (3) Guardians
The law does not distinguish between guardians over the
person or guardians over the property of the ward. Hence,
no matter what kind of guardian you may be, as long as
the disposition is made in your favor before the initial
accounts of guardianship have been approved, the
incapacity under Article 1027 applies.
2. Article 1028
Correlate this with Article 739 concerning donation inter
vivos.
Read the case of Nepomuceno vs Court of Appeals.
3. Article 1029
Apply only the 1/2:1/2 rule (1/2 to the church or
denomination and 1/2 to the government), if the testator:
a.
b.
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The moment the testator specifies the application of the
property, do not apply the 1/2:1/2 rule. Follow the
specifications made by the testator.
Example: If the testator leaves P10M and says, I leave
P10M for the benefit of my soul and I order that this
about be spent as follows: (a) there shall be 1,000 masses
every Sunday for the benefit of my souls; (b) there shall be
novena in Baclaran every Wednesday and in Quaipo every
Friday, etc.
4. Article 1032 Memorize
Provides the lists of persons who are rendered incapable
of succedding by reason of unworthiness. Basically, almost
all of these are also grounds for disinheritance.
5. Article 1032 (5)
The spouse of the testator himself/herself is not rendered
unworthy. It is the person convicted of adultery or
concubinage with the spouse of the testator who is
rendered unworthy.
Example: Mr X has just one (1) relative in this whole wide
world his brother B. X married a very beautiful young
lady, W. One quiet afternoon, X comes home early and
finds his own brother and his own wife having the time of
their lives in bed. X files a case for adultery. W and B are
convicted. After the conviction, our Mr X died a broken
heart. If Mr X died intestate, who will get the entire
estate?
W will get the entire estate. B, the brother of X is
incapacitated to succeed by reason of unworthiness
because he is a person convicted of adultery with the
spouse of the testator.
Moral Lesson: You must not die without making a will.
Write even a holographic will expressly disinheriting your
lovely spouse. Otherwise, if you die unexpectedly, you
lovely but unfaithful spouse will inherit the entire estate.
How is unworthiness removed?
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Why?
Because it is only upon the moment of death of the
decedent when there is transmission of successional
rights.
If the institution or the testamentary provision is subject
to a suspensive condition, when should you determine
the capacity of the heir, devisee or legatee?
There are two (2) moments to be considered:
1.
2.
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Article 1041 to Article 1057
Acceptance and Repudiation of the Inheritance
Article 1047
Article 1041
Article 1048
Article 1042
The effects of the acceptance or repudiation shall always
retroact to the moment of the death of the decedent.
(989)
Article 1043
No person may accept or repudiate an inheritance unless
he is certain of the death of the person from whom he is
to inherit, and of his right to the inheritance. (991)
Article 1044
Any person having the free disposal of his property may
accept or repudiate an inheritance.
Any inheritance left to minors or incapacitated persons
may be accepted by their parents or guardians. Parents
or guardians may repudiate the inheritance left to their
wards only by judicial authorization.
The right to accept an inheritance left to the poor shall
belong to the persons designated by the testator to
determine the beneficiaries and distribute the property,
or in their default, to those mentioned in Article 1030.
(992a)
Article 1045
The lawful representatives of corporations, associations,
institutions and entities qualified to acquire property may
accept any inheritance left to the latter, but in order to
repudiate it, the approval of the court shall be necessary.
(993a)
Article 1046
Public official establishments can neither accept nor
repudiate an inheritance without the approval of the
government. (994)
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Article 1051
Article 1052
Article 1058
Article 1054
Should there be several heirs called to the inheritance,
some of them may accept and the others may repudiate
it. (1007a)
Article 1055
If a person, who is called to the same inheritance as an
heir by will and ab intestato, repudiates the inheritance
in his capacity as a testamentary heir, he is understood to
have repudiated it in both capacities.
Should he repudiate it as an intestate heir, without
knowledge of his being a testamentary heir, he may still
accept it in the latter capacity. (1009)
Article 1056
The acceptance or repudiation of an inheritance, once
made, is irrevocable, and cannot be impugned, except
when it was made through any of the causes that vitiate
consent, or when an unknown will appears. (997)
Article 1057
Within thirty days after the court has issued an order for
the distribution of the estate in accordance with the Rules
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Article 1063
Article 1069
Article 1064
Article 1070
They shall also bring to collation all that they may have
received from the decedent during his lifetime, unless the
testator has provided otherwise, in which case his wishes
must be respected, if the legitime of the co-heirs is not
prejudiced. (1038)
Article 1065
Parents are not obliged to bring to collation in the
inheritance of their ascendants any property which may
have been donated by the latter to their children. (1039)
Article 1066
Neither shall donations to the spouse of the child be
brought to collation; but if they have been given by the
parent to the spouses jointly, the child shall be obliged to
bring to collation one-half of the thing donated. (1040)
Article 1071
Article 1067
Expenses for support, education, medical attendance,
even in extraordinary illness, apprenticeship, ordinary
equipment, or customary gifts are not subject to
collation. (1041)
Article 1068
Expenses incurred by the parents in giving their children a
professional, vocational or other career shall not be
brought to collation unless the parents so provide, or
unless they impair the legitime; but when their collation
is required, the sum which the child would have spent if
he had lived in the house and company of his parents
shall be deducted therefrom. (1042a)
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Article 1075
Article 1080
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Article 1084
Article 1090
Article 1085
In the partition of the estate, equality shall be observed
as far as possible, dividing the property into lots, or
assigning to each of the co-heirs things of the same
nature, quality and kind. (1061)
Article 1086
Should a thing be indivisible, or would be much impaired
by its being divided, it may be adjudicated to one of the
heirs, provided he shall pay the others the excess in cash.
Nevertheless, if any of the heirs should demand that the
thing be sold at public auction and that strangers be
allowed to bid, this must be done. (1062)
Article 1087
In the partition the co-heirs shall reimburse one another
for the income and fruits which each one of them may
have received from any property of the estate, for any
useful and necessary expenses made upon such property,
and for any damage thereto through malice or neglect.
(1063)
Article 1088
Should any of the heirs sell his hereditary rights to a
stranger before the partition, any or all of the co-heirs
may be subrogated to the rights of the purchaser by
reimbursing him for the price of the sale, provided they
do so within the period of one month from the time they
were notified in writing of the sale by the vendor. (1067a)
Article 1089
The titles of acquisition or ownership of each property
shall be delivered to the co-heir to whom said property
has been adjudicated. (1065a)
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Co-heirs do not warrant bad debts, if so known to, and
accepted by, the distributee. But if such debts are not
assigned to a co-heir, and should be collected, in whole or
in part, the amount collected shall be distributed
proportionately among the heirs. (1072a)
Article 1096
The obligation of warranty among co-heirs shall cease in
the following cases:
(1) When the testator himself has made the partition,
unless it appears, or it may be reasonably presumed, that
his intention was otherwise, but the legitime shall always
remain unimpaired;
(2) When it has been so expressly stipulated in the
agreement of partition, unless there has been bad faith;
(3) When the eviction is due to a cause subsequent to the
partition, or has been caused by the fault of the
distributee of the property. (1070a)
Article 1101
The heir who is sued shall have the option of
indemnifying the plaintiff for the loss, or consenting to a
new partition.
Indemnity may be made by payment in cash or by the
delivery of a thing of the same kind and quality as that
awarded to the plaintiff.
If a new partition is made, it shall affect neither those
who have not been prejudiced nor those have not
received more than their just share. (1077a)
Article 1102
An heir who has alienated the whole or a considerable
part of the real property adjudicated to him cannot
maintain an action for rescission on the ground of lesion,
but he shall have a right to be indemnified in cash.
(1078a)
Article 1103
Article 1098
A partition, judicial or extra-judicial, may also be
rescinded on account of lesion, when any one of the coheirs received things whose value is less, by at least onefourth, than the share to which he is entitled, considering
the value of the things at the time they were adjudicated.
(1074a)
Article 1099
The partition made by the testator cannot be impugned
on the ground of lesion, except when the legitime of the
compulsory heirs is thereby prejudiced, or when it
appears or may reasonably be presumed, that the
intention of the testator was otherwise. (1075)
Article 1100
The action for rescission on account of lesion shall
prescribe after four years from the time the partition was
made. (1076)
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Acceptance and repudiation will always retroact to the
moment of death of the decedent.
Reasons:
1.
2.
Article 1047
1.
2.
3.
In a public instrument
In an authentic instrument
By a petition presented to the court having
jurisdiction over the testamentary or intestate
proceedings
Yes.
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4. Article 1066 Donations made to son-in-law or
daughter-in-law are charged to the free portion, because
they are considered strangers.
D
B
E
X has four (4) children, A, B, C and D. D is married to W. B
has a son named E. X died with a net worth of
P500,000.00. During Xs lifetime, he made the following
disposition: He spent P300,000.00 for the medical
expenses of A. He spent P30,000.00 for the election
expenses of B, when he ran for a public office. He gave his
grandson, E, a ring worth P10,000.00. He gave his
daughter-in-law, W, a bracelet worth P20,000.00. When
D got married, X gave D jewelries worth P40,000.00, as a
wedding gift. He also spent P10,000.00 for the college
education of his own son C.
First Step: Collation in the sense of Addition
A) Net Estate
P500,000.00
Donations:
7. Article 1070 (Wedding Gifts)
Rule: As long as it does not exceed one tenth (1/10) of the
dispositive portion of the decedents estate, they are
charged against the free portion. If there is any excess, the
excess shall be charged against the legitime of the
concerned.
P30,000.00
= Election Expenses of B
P10,000.00
= Ring given to E
P20,000.00
= Bracelet given to W
P40,000.00
= Wedding gift to D
P10,000.00
= College education of C
______________________________________________
P610,000.00
= Total Hereditary Estate
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Legitime
Deductions +
Imputations
FP
= Amount Received
P305,000.00
(-minus)
Why is it necessary that they must be legal heirs?
Ring given to E
P10,000.00
Bracet given to W
P20,000.00
Wedding gift to D
P30,500.00
College Education of C P10,000.00
____________________________________
P70,500.00
____________________________________
Remaining Free Portion P234,500.00
Explanation:
1. The remaining free portion of P234,500.00 will be
divided among A,B, C and D. Hence, each of them will
received P58,625,00
2. As aforementioned, the P30,000.00 election expenses
shall be deducted from Bs legitime, under Article 1069.
3. The P10,000.00 ring given to E shall be deducted from
the free portion because his father B is still alive; hence, he
is considered as a stranger.
4. The bracelet worth P20,000.00 given to W, shall be
deducted from the free portion, under Article 1066.
5. The wedding gift of P40,000.00 in the form of jewelries.
The special rule is, insofar as it does not exceed one-tenth
(1/10) of the free portion, it shall be charged in the free
portion, if it exceeds, the excess shall be charged to the
legitime.
Hence,
Free Portion
=P305,000.00
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