WILLS AND SUCCESSION

SYLLABUS

FIRST WEEK- ART. 774-824

A. General Provisions Art. 774-782

Definition of Succession Art. 774
Succession is a mode of acquisition by 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.

Elements of definition
1. Change of subject (cambio de suheto.)-- ownership is transferred from deceased to
heir (subjective change.)
2. Identity of Object (identidad de objecto)-- same prop. is involved, only the owner
is changed. The right is the same (objective identity.)

Definition of Inheritance Art. 776

Includes all the property, rights and obligations of a person which are not
extinguished by his death

Distinguish succession from inheritance

Succession- Refers to the legal mode by which inheritance is transmitted to the persons entitled to it
Inheritance - Refers to the universality or entirety of the property, rights and obligations of a
person who died

Questions you should be able to answer at the end of the study of General Provisions?
1. How is succession distinguished from inheritance: Art.774 v. Art. 776
2. What are transmitted through succession? Art. 774, Art. 776 (Note: Art. 781
compare with Art. 793)
Case: Alvarez
Includes all the property, rights and obligations of a person which are not
extinguished by his death
Art 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.
Connect Art. 774 w/ Art. 776, supra.
For money debts: If not paid in settlement proceedings, heirs could be liable to the
extent of what they received
For obligations: E.g., lessee-lessor-- obligation to keep the lessee in the peaceful
possession is transmitted to the heirs.
Property and Rights- Passed on to the decedent's successors
Obligations:
a. Monetary.-- General rule: The estate pays for them before the estate is partitioned
Exception: Alvarez case. Predecessor fraudulently disposed of the prop. During
litigation. SC held that heirs cannot escape liability for their father's transactions w/c
gave way to this claim for damages. Even though they did not inherit the prop., the
monetary equivalent thereof was devolved into the mass of the estate w/c the heirs
inherited. Hereditary estates are always liable in their totality for the payments of the
debts of the estate. Whatever payment made by the estate is ultimately a payment by
the heirs bec. these payments decrease their inheritance.

b. Non-monetary.-- Transmitted to the heirs.

3. How is the transmission effected? Art. 778-780

1. Testamentary (Art. 779.)-- designation of an heir in a will
2. Legal or Intestate .-- w/o a will or the will is invalid
3. Mixed (Art. 780.)-- partly by will and partly by operation of law
4. Compulsory.-- Succession to the legitime by a forced heir.
 4. From whom are they transmitted? Art. 775
decedent" is the general term applied to the person whose property is transmitted
through succession, whether or not he left a will. If he left a will, he is called the
testator.
5. To whom are they transmitted? Art. Art. 782
According to Castan, an heir is one who succeeds to the whole (universal) or aliquot
part of the estate. Devisee or legatee is one who succeeds to definite, specific, and
individualized properties.
E.g., I bequeathed 1/2 of my fishpond in Pampanga to A. Is the successor an heir,
legatee or devisee? A devisee, the prop. being a specific real prop.
6. When are they transmitted from decedent to heirs? Art.777
from the moment of the death of the decedent, the right passes to the heirs.
B. Wills in General Art. 783-787, 796-803, 818, 839
1. What is a will Art. 783
an act whereby a person is permitted, with the formalities prescribed by law, to control to a
certain degree the disposition of his estate to take effect after his death
2. Characteristics of a will:
1. Purely personal act Art. 784-787, Discuss with Art. 818
STRICTLY PERSONAL ACT - The disposition of property is solely dependent upon the testator.

NOTE: The following acts MAY NOT be left to the discretion of a third person: ( Article 785, 787
Civil Code) duration or efficacy of the designation of heirs, devisees or legatees; determination
of the portions which they are to take, when referred to by name; and determination of
whether or not the testamentary disposition is to be operative.

NOTE: However, the following acts MAY be entrusted to a third person: (Article 786 Civil Code)
a. distribution of specific property or sums of money that he may leave in general to specified
classes or causes; and
b. designation of the persons, institutions or establishments to which such property or sums are
to be given or applied.
2. Free act Art. 839 (3)(4)(5)(6)
Any vice affecting the testamentary freedom can cause the disallowance of the will.
3. Dispositive of property (Exceptions)
If it does not, it will be useless. But as far as the law is concerned, it can be probated
but a useless expense. It is only valid as to form and nothing else.
Exceptions:
a. when a will recognizes an illegitimate child
b. when a will disinherits a compulsory heir
c. when it appoints an executor
4. Revocable Art. 828, 818
ambulatory, it is not fixed, can be taken back (while the testator is alive.) There is no
such thing as an irrevocable will. It only becomes irrevocable upon death of the
testator.
5. Testator has testamentary capacity Art. 796-803
Balane: Testamentification activa is the capacity to make a will. Testamentification
pasiva is the capacity to inherit based on a will.
Who has testamentary capacity? All natural persons. Corporations can not make wills.
Only natural human beings can make a will.
Art. 796. All persons who are not expressly prohibited by law may make a will.
Balane: General rule: All persons have the testamentary capacity to make a will.
Exception:
Incapacity, when expressly prohibited by law: (1) disqualified by reason of age (Art.
797); (2) disqualified by reason of mental incompetence. (Art. 798.)
Art. 797. Persons of either sex under eighteen years of age cannot make a will.
Balane:
Q: How do you compute the age?
A: According to the Admin. Code, age is reckoned according to the calendar month.
Art. 798. In order to make a will it is essential that the testator be of sound mind at
the time of its execution.
Balane: Soundness of mind is determined at the time of the execution of the will.
Art. 799. To be of sound mind, it is not necessary that the testator be in full
possession of all his reasoning faculties, or that his mind be wholly unbroken,
unimpaired, or unshattered by disease, injury or other cause.
 It shall be sufficient if the testator was able at the time of making the will to know the
nature of the estate to be disposed of, the proper objects of his bounty, and the
character of the testamentary act.
Balane:
1. Soundness of mind.-- does not require that the testator be in full possession of
reasoning capacity or that it be wholly unbroken, unimpaired or unshattered.
2. It means realization of or knowing:
a. The nature of his estate.-- Know what you own. This does not mean that the
testator has to know the description of his property in detail. It is enough that he has
more or less a fairly accurate idea what his properties are. This depends upon the
circumstances. Say Rockefeller.
The idea is less if you owned more. the more a person owns, the more he is apt to forget
what he has in detail. If you think you own Ayala bridge and gives it as a devise,
something is wrong w/you.
b. Proper objects of his bounty.-- Know his immediate relatives. Experience of
mankind is that you give to people who are attached to you by blood. Immediate
relatives referred to are spouses, parents, children , brothers, sisters, but not first
cousins. First cousins usually are not known especially if they live abroad. The nearer
the relation, the more you should know. The farther, the less the law expects of you. If
the testator can not recognize his immediate relatives, then there is something
wrong.
c. Character of the testamentary act.-- Know the essence of making a will. Know that
you are: (1) making a document that disposes (freely, gratuitously) of your property;
(2) to take effect upon your death.

Note: Even if you are insane as to other things, as long as you know these three (3)
things, you have testamentary capacity.
3. Insanity is relative. It is different in marriage and in contracts. But in wills, not
knowing one or more of the 3 mentioned above, you are considered insane.
Art. 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 disposition 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.
Balane: This is the law on presumption of soundness of mind as of the time of the
execution of the will.

General rule: Presumption is for soundness of mind.-- proponent of will does not
have to prove the soundness of mind of the testator. Why? The law on evidence says
that you don't have to prove: (1) that w/c is admitted; (2) that w/c is presumed; and
(3) that w/c is taken judicial notice of. Disputable presumptions may be overcome by
proof to the contrary. There are 3 presumptions of law: (1) conclusive; (2) quasi-
conclusive w/c can be overcome only by specific proof; (3) disputable
Exception: Insanity is rebuttable presumed when:
1. Art. 800 par. 2.-- One month or less before the making of the will, the testator was
publicly known to be insane. E.g., A, one month before making of the will was
running in the Plaza Miranda naked and shouting "Ibagsak!" This is what you mean
by publicly known.
2. If there had been a judicial declaration of insanity and before such order has been
revoked. (Torres v. Lopez, 48 P 772.)
In these 2 cases, it is the proponent's duty to offer evidence to the contrary, i.e., prove
that the making of the said will was made by the testator during a lucid interval.

Judicial Declaration of Insanity Consists of:

1. A guardian appointed by reason of insanity. (Rule 93, ROC.)
2. If the insane was hospitalized by order of the court
In either of these cases, there is a presumption of insanity. But once the order is
lifted, the presumption ceases.
Effect:
1. Rebuttable presumption of sanity is nullified or swept away.
2. There is a rebuttable presumption of unsoundness of mind.
 Art. 801. Supervening incapacity does not invalidate an effective will, nor is the will
of an incapable validated by the supervening of capacity.
Balane: This article makes explicit what was mentioned in Art. 800. The requirement
is that sanity should exist only at the time of execution. Subsequent insanity does not
affect the validity of the will nor an invalid will be validated by the recovery of the
senses of the testator.
Art. 802. A married woman may make a will without the consent of her husband, and
without authority of the court.
Art. 803. A married woman may dispose by will of all her separate property as well
as her share of the conjugal partnership or absolute community property.
6. Takes effect upon death Art. 777
7. Gratuitous no exchange of values
3. Rules on interpretation of wills Art. 788-794
Patent and latent ambiguity how to resolve
Articles 788- 792. Interpretation of Wills/ Rules of Construction.
Art. 788. If a testamentary disposition admits of different interpretations, in case of
doubt, that interpretation by which the disposition is to be operative shall be
preferred.
Balane: Art. 789 is the rule on interpretation in order that the will may be valid and not
perish.
Rationale: The State prefers testate to intestate. Why? Bec. testamentary disposition is the
express will of the decedent. Intestamentary is the presumed will of the decedent. This is
mere speculation on what the decedent wanted.
Ut res mages valet quam pereat.-- that the thing be valid than perish.
E.g., The word "chick" can have 2 interpretations: (1) a girl in w/c case inoperative bec. not
w/in the commerce of man and (2) sisiw.-- operative. Interpret according to the second.

Art. 789. When there is an imperfect description, or when no person or property

exactly answers the description, mistakes and omissions must be corrected, if the error
appears from the context of the will or from extrinsic evidence, excluding the oral
declarations of the testator as to his intention; and when an uncertainty arises upon the face
of the will, as to the application of any of its provisions, the testator's intention is to be
ascertained from the words of the will, taking into consideration the circumstances under
which it was made, excluding such oral declarations.
Balane:
1. Kinds of Ambiguity:
a. Patent, apparent.-- that w/c appears in the face of the will, e.g., "I give 1/2 of my estate to
one of my brothers." Who among the brothers? This is patently ambiguous.
b. Latent, hidden.-- perfectly unclear on its face. The ambiguity does not appear until you
apply the provisions of the will, e.g., "I give to M the prop. intersecting Buendia and P. de
Roxas. The ambiguity is determined only when the will is probated. That is, when it appears
that
I am the owner of all the 4 corners of the lot. Now, w/c of those lots?
2. Rule: Clarify ambiguity and be guided by these: Testacy should be preferred or upheld as
far
as practicable. Any doubt shall be resolved in favor of testacy.

Q: How will you resolve the ambiguity? What evidence do you admit?
A: You can admit any kind of evidence as long as relevant and admissible according to the
Rules
of Court. This includes written declarations.
Except: Oral declarations of the testator. Why? Bec. they cannot be questioned by the
deceased. Also, bec. they are easy to fabricate.
If inspite of evidence you still cannot cure ambiguity, then annul the will.
If the ambiguity is patent, disregard the will. If latent, look into the evidences allowed by law.

Art. 790. The words of a will are to be taken in their ordinary and grammatical sense,
unless a clear intention to use them in another sense can be gathered, and that other
can be ascertained.
Technical words in a will are to be taken in their technical sense, unless the context clearly
indicates a contrary intention, or unless it satisfactorily appears that the will was drawn
solely by the testator, and that he was unacquainted with such technical sense.
Art. 792. The invalidity of one of several dispositions contained in a will does not
result in the invalidity of the other dispositions, unless it is to be presumed that the
 testator would not have made such other dispositions if the first invalid disposition
had not been made.
Balane: General rule: Severability. A flaw does not affect the other provisions. Exception: If it
was meant that they were to be operative together as seen in the will.
Art. 793. Property acquired after the making of a will shall only pass thereby, as if the
testator had possessed it at the time of making the will, should it expressly appear by
the will that such was his intention.
Balane: This is a new provision. It is better if this was not placed here. Why? Bec. prop.
acquired after the making of the will will not pass unless there is a clear intention or express
provisions that the prop. will be passed by the testator. E.g., I give as legacy to M my cars. I
only had 2 cars when I executed the will. After w/c I acquired 15 more cars. When I die, how
many cars will she get? Following Art. 793, she will get only 2 cars. The additional cars are
not included.
General rule: After acquired property shall not pass.
Exception: If the will provides otherwise. If he said "all my cars when I die, " then M gets all
17 cars.

COMMENT: This is crazy. Art. 793 is inconsistent w/ Art. 777. At the time of the death, the
succession will open. As such, all cars should be given.
But the law should be applied as it is. No matter how inconsistent it is as pointed out by
Tolentino. For as lawyers, you should advise your clients to be clear or clarify everything to
avoid this ambiguity. Tell your clients to specify "as of the time of my death."
The solution to this inconsistency bet. the 2 articles is to repeal Art. 793.

Art. 794. Every devise or legacy shall convey all the interest which the testator could
devise or bequeath in the property disposed of, unless it clearly appears from the will
that he intended to convey a less interest.
Balane: General rule: Legacy or devise will pass exactly the interest of the testator over the
property.

Exception: Unless it appears from the will that he is giving less.

E.g., say you own a parcel of land. Only the ownership of the land can be given. If the testator
is a usufructuary, he can only bequeath his rights as usufructuary, nothing more, nothing
less.
Can you give bigger? Yes. Art. 929 says so. Only good if the other co-owner is willing to sell.

Q: B, G and J are co-owners. B gave to A the land they owned in common, that is the entire
land
and full ownership over it giving more than what he owns. Is this allowed?
A: Yes. The remedy is to buy the shares of J and G but he can not compel them to buy his
share,there being no redemption of the whole land or give to A the value of B's share, if G
and J are not willing to sell their shares.
The testator may give a lesser interest, e.g., I give the usufruct of my land to X. What results?
Usufruct to X, ownership of the land goes by intestacy.

4. Validity of wills Art. 795, discuss with Art. 815-817, 777

Balane:
1. Formal Validity
a. Time criterion.-- law at the time of execution; subsequent laws cannot apply retroactively.
b. Place criterion.-- Under Art 815-817, five (5) choices are available to the testator:
1. Citizenship
2. Residence
3. Domicile
4. Execution
5. Philippines

2. Intrinsic Validity
a. Time.-- time of death bec. of Art. 777
b. Place.-- Law of citizenship of decedent.

Subsection 2.-- Testamentary Capacity and Intent

Balane:
Testamentification activa is the capacity to make a will. Testamentification pasiva is the
capacity to inherit based on a will.
 Who has testamentary capacity? All natural persons. Corporations can not make wills. Only
natural human beings can make a will.

SECOND WEEK ART. 804-834

C. Different kinds of wills:
1. Common requisites Art.804
Cases: Lopez v. Liboro
Suroza v. Honrado
Abangan v. Abangan
2. Requisites for Attested Will Art. 805-808
Cases: Payad v. Tolentino
Matias v. Salud
Garcia v. Lacuesta
Barut v. Cabacungan
Nera v. Rimando
Javellana v. Ledesma

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3. Special requisites for handicapped testators Art. 807-808

Cases: Garcia v. Vasquez
Alvarado v. Gaviola
4. Rule on substantial compliance with attestation clause Art. 809
Cases: Icasiano v. Icasiano
Cagro v. Cagro
Javellana v. Ledesma
Cruz v. Villasor
Caneda v. CA
5. Requisites for Holographic Will Art. 810-814
Cases: Compare Gan v. Yap and Rodelas v. Aranza
Labrador v. CA
Compare Azaola v. Singson and Codoy v. Calugay
6. Witnesses to attested wills Art.820-824
1. Qualifications
2. Disqualifications
7. Codicils and Incorporation by Reference Art. 825-827
8. Revocation of Will and Testamentary Provisions Art. 828-834
a. Discuss with Art. 106, 854, 957, 1032
Cases: Maloto v. CA
Gago v. Mamuyac
b. Doctrine of Absolute Revocation v. Doctrine of Dependent Relative Revocation
c. Elements for Revocation to be inoperative

THIRD WEEK- ART. 835-856 (Art.887, 964-967)

9. Republication and Revival of Wills Art. 835-837

a. Republication by reproduction Art. 835
b. Republication by referral- Art. 836
c. Execution of 3 wills with 2nd will expressly revoking first will- Art. 837
10.Allowance and Disallowance of Wills
a. Probate of will mandatory Art. 838
b. Matters to be proved during probate
Cases: Nepomuceno v. CA
Gallanosa v. Arcangel
De la Cerna v. Rebecca Potot
c. Probate not necessary Art. 841, Exceptions
 d. Grounds for Disallowance of a Will Art. 839
11. Institution of Heir
a. Definition Art. 840
b. Important rules:
(1) Institution does not cover entire estate Art. 841, 851
(2) Rule on legitimes limit power of testator to dispose of
his estate - Art. 842
(3) How to designate heir - Art. 843-845
(4) How much heirs get from will:

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i. No designation of shares Art. 846

ii. If instituted some individually and others collectively-
Art. 847
iii. Institution of full blood and half-blood brothers and
sisters Art. 848, 967
iv. Institution of parent and child Art. 849
(5) Rule on false cause as basis for institution of heir Art.
850
Case: Austria v. Reyes
c. Mixed Succession Art. 851
d. Rule when testator intended that designated heirs shall
inherit the whole estate but portions allotted to them in the
will do not cover entire estate/free portion - Art. 852
Balanes formula
e. Shares of designated heirs exceed the whole estate/free
Portion Art. 853, Balanes Formula
12. Preterition Art. 854
a. Meaning of preterition
b. How to determine if there is preterition
(1) Case: Reyes v. Barreto-Datu
(2) Art. 855 completion of legitime, not preterition
i. applies when something is left to an heir (from the
free portion)
ii, reduce the shares of testamentary heirs
c. Compulsory heirs in the direct line- discuss with Art. 887,
964, 965, 966,
Cases: Nuguid v. Nuguid
Acam v. Acam
Acain v. IAC
c. Effects of preterition
(1) on institution of heir
(2) legacies and devises
(3) on the will
13. Rule on right of representation Art. 856, Art. 923

FOURTH WEEK - SUBSTITUTION OF HEIRS - ART. 857-885

14. Substitution of Heirs Definition Art. 857

a. Kinds of substitution Art, 858, 859, 860, 863
b. Simple substitution
(1) causes/grounds for substitute to inherit in lieu of
heir first instituted Art. 859
(2) 2 ways of making a simple substitution Art. 859
(3) Reciprocal substitution Art. 861
 (4) Conditions/charges v. first heir same as those on
substitute Art. 862
c. Fideicommissary substitution Art. 863
(1) 4 elements of a fideicommissary substitution-
Art. 863, 866

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Cases: PCIB v. Escolin

Palacios v. Ramirez
(2) Fideicommissary substitution cannot burden legitime
Art. 864
(3) 2 ways of making a fideicommissary substitution
Art. 863, 865
(3) Nature of right of second heir to property Art 866.
Discuss with Art. 868 (nature of institution of first heir)
(4) Prohibitions on fideicommissary institutions Art. 867,
Art. 869
(5) Prohibition v. alienation of inherited property Art. 870
15. Testamentary Dispositions with a Condition, Term or
Mode Art. 871-885
a. General Provisions Art. 871-872
(1) Institution of heir subject to condition, for a certain purpose or cause
Art. 871
(2) Legitimes cannot be burdened by any charge, condition or substitution
Art. 872
b. Condition - Art. 873-877, 879-881, 883 (2), 884
(1) impossible, illegal or contrary to good customs deemed not written
Art. 873
(2) condition prohibiting first or subsequent marriage deemed not
written Art. 874
(3) condition prohibiting subsequent marriage when valid Art. Art. 874
(4) meaning of 2nd paragraph of Art. 874: right of usufruct, an allowance or
personal prestation devised/bequeathed for time that heir is unmarried
(5) N.B. imposition of condition to marry a certain person or from a
particular class - valid
(6) prohibition v. exchange of values Art. 875
(7) rules on suspensive condition Art. 876- 884
c. Term Art. 878, 885
d. Mode Art. 882, 883 (1)

FIFTH WEEK LEGITIME ART. 886-890, 892-903

NOTA BENE: UNDER ART. 176 OF THE FAMILY CODE, THERE IS ONLY ONE TYPE OF
ILLEGITMATE CHILDREN. SO ALL REFERENCES IN ART. 887, 895, 897, 898, ARE
IMPLIEDLY REPEALED. THE SHARE OF AN ILLEGITMATE CHILD IS THE SHARE OF A
LEGITIMATE CHILD.

16. Legitime
a. Definition - Art. 886
b. Kinds of compulsory heirs- 887 (paragraph 4 and 5, no longer
applicable all are called illegitimate children)
c. Kinds of relationship among compulsory heirs primary,
secondary, concurring
 page five

d. Different combinations Art. 888-890, 891-903

(Refer to Nota Bene above)
Law on legitime restricts right of testator to dispose of his
estate - Art. 904 (Discuss with preterition)
Rule on free portion Art. 914
Exceptions: Art. 870, 1080, 1083
e. Compromise/renunciation of future legitime between
testator and heir void, but anything received in consideration thereof treated
as advance of legitime - Art. 905
f. Compulsory heir may demand completion of legitime Art.
906, relate with Art. 909, 910 and 1062
g. Testamentary dispositions that impair legitime subject to
reduction Art. 907, relate to Art. 1011
h. Computation of net hereditary estate/legitime Art. 908, 909,
910
i. Order of reduction to satisfy legitime Art. 911
j. Rule on reduction of devise Art. 912-913
k. Order of payment of legacies/devises Art. 950

SIXTH WEEK RESERVA TRONCAL ART. 891

17. Reserva Troncal

a. Definition Art. 891
b. Purpose
Case: Gonzales v. CFI
c. Requisites
Case: Chua v. CFI
d. Nature of right of reservista over reserva
Cases: Edroso v. Sablan
Sienes v, Esparcia
e. Nature of right of reservatorios over reserva
f. Parties in reserva troncal
(1) Mediate Source origin of property ascendant or sibling of
Prepositus
(2) Prepositus descendant or sibling of mediate source
Central figure in reserve troncal:
i. as absolute owner of property, can prevent reserva
troncal by selling, donating or bequeathing
it as devise or legacy by testamentary succession
ii. point of reference for 3 rd degree relationship
(3)Reservista ascendant who inherits the property by
gratuitous title; reserve troncal begins
(4) Reservatorios class or group
i. not required to be alive at time of death of Prepositus as long
as they are alive at time of death of Reservista
Cases : Padura v. Baldovina
Florentino v. Florentino
ii. within 3 rd degree of Prepositus
f. Reserva Maxima v. Reserva Minima
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h. Rights of reservatorio v. obligations of reservista

Case: Sumaya v. IAC
i. Extinguishment of Reserva Troncal
 Case: Cano v. Director
18. Disinheritance Art. 915-923
a. Requisites for disinheritance to deprive a compulsory heir of his
legitime
(1) effected through a will specifying the causes therefor Art. 915-916
(2) only causes enumerated in Art. 919, Art. 920 and Art. 921, as the case may
be, are allowed Art. 916
(3) burden of proving the truth of cause rests on other heirs, if disinherited heir
denies it Art. 917
(4) If will does not specify the cause, cause is not among those set forth in Art.
919-921, or the cause, if contradicted, is not proved the disinheritance is
deemed imperfect and will annul the institution of the heirs, but legacies,
devises and other testamentary provisions that are not inofficious are valid.
b. Causes for disinheritance of children and descendants Testator
is the parent or ascendant: Art. 919
(1) Eight (8) grounds are exclusive
(2) Ground 1: final conviction of attempt on life is required
(3) Ground 2: accusation of crime
1. where penalty prescribed is 6 years or more imprisonment
1.1. accusation includes information
1.2. presenting incriminating evidence
1.3. acting as witness v. testator
2. accusation is groundless: testator is acquitted
because
2.1. there is no crime
2.2. did not commit crime
3. acquitted on reasonable grounds testator cannot disinherit
(4). Ground 3: descendant convicted of adultery or concubinage
with spouse of testator
(5) Ground 4: descendant causes testator to make or change a
will by FVIU
(6) Ground 5: unjustifiable refusal to support testator
Balane: there is just refusal if descendants means are just enough for the
members of his family that are preferred in the order of preference for
support
(7) Ground 6: maltreatment of testator, by word or deed
7.1. conviction is not required, case need not be filed
7.2. may be proved by mere preponderance of evidence, so if case in number
1 does not result in conviction, then the act could fall under this cause

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7.3. Case: Dy Yieng Seangio v. Hon. Amor Reyes, G.R. No. 140371-72,
November 27, 2006
(8) Ground 7: Leads as dishonorable or disgraceful life
8.1. catch-all provision
8.2. denotes habituality
(9) Ground 8: conviction of crime with penalty of civil
interdiction
9.1. civil interdiction is the accessory penalty to reclusion perpetua and
reclusion temporal
9.2. the duration is for life or for the period of the sentence imposed
c. Causes for disinheritance of ascendants testator is the
descendant- Art. 920
(1) there are 8 grounds also exclusive
 (2) Ground 1: abandonment by ascendant of children
inducing daughter to lead a corrupt life
attempt against their virtues
conviction not required
(3) Grounds Nos. 2, 3, 4, 5, and 7, in Art. 920, are the same
grounds stated in Nos. 1, 2, 3 4, and 5 in Art. 919.
(4) Ground 6: Ascendant commits any of the causes for loss of
parental authority (Art. 231, Family Code)
(5) Ground 8: attempt by a parent against the other, unless
they reconcile
d. Causes for disinheritance of spouse testator is spouse Art. 921
(1) Similar grounds in Articles 919 and 920 Ground Nos. 1,
2, 3., and 6.
(2) Similar grounds in Articles 920 Ground No. 5
(3) New ground: No. 4: spouse has given cause for legal separation
3.1. If there is a final decree of legal separation no need to disinherit.
Testamentary dispositions in favor of offending spouse revoked by
operation of law. Offending spouse disqualified to inherit by intestacy.
3.2. If innocent spouse executes another will after decree and reinstates
offending spouse, construed as condonation and spouse will inherit.
e. Effect of reconciliation between offended party and offender :
(1) if no will deprives offended party of cause to inherit
(2) if already disinherited sets aside disinheritance
f. There is right of representation in disinheritance Art. 923
relate to Art. 856
Children and descendants represent disinherited heir with
respect to the latters legitime; but if descendants are
minors or legally incapacitated to act, disinherited heir
cannot be usufructury or administrator of inherited
property.

Page eight
SEVENTH WEEK: LEGACIES AND DEVISES- ART. 924-958

19. a. What can be bequeathed or devised Art. 924

Anything that is alienable.
b. Testator may impose charges or obligations on testamentary
heir, devisee or legatee Art 925
(1) Balane calls the charges or obligations sub-devise or sub-
Legacy
(2) if imposed on devisee or legatee D/L liable only to extent of legacy or devise
(3) if imposed on compulsory heir H liable only up to value of free portion given
to him/her
c. Heir charged with legacy or devise is bound; if testator does not
charge any specific heir, all liable in same proportion they inherit
- Art. 926
d.Two or more heirs who take possession of estate solidarily liable for loss or
destruction of devise or legacy even if only one is negligent Art. 927
e. Heir charged with sub-devise or sub-legacy is liable for eviction it thing is
indeterminate and indicated only by its kind Art. 928
f. If legacy/devise is only partly owned by testator D/L will get that part Art. 929
Exception: testator expressly declares he is giving the whole thing. Estate buys the
rest of property and if owner does not like to sell, estate gives D/L, testators share
plus cash value of rest
 g. Legacy or devise belonging to another when the testator thought he owned it VOID
Art. 930
Exception: disposition takes effect if testator acquires it after
making his will
8. If thing given as legacy or devise is not owned by testator at the time of making the
will but he orders his estate to acquire it, D/L is valid. If owner does not sell or
demands exorbitant price, D/L gets just value of thing Art. 931
9. L/D of thing already belonging to L/D is ineffective, but if legacy consists of freeing
the thing from encumbrance, the legacy is valid to that extent Art. 932
10.L/D belonged to L/D at the time of execution of will, L/D is
ineffective even if L/D subsequently alienates it Art. 933
Exception: if L/D acquires it onerously after the making of will-
entitled to reimbursement from heir or estate for price
11.L/D of something pledged or mortgage to secure a debt, estate shall pay the debt to
free thing from encumbrance Art. 934
Exception: if testator provides otherwise
Any other burden (e.g. easement, usufruct) attached to property
12.legacy of credit or remission of debt Art. 935-937
(1) legacy of credit testator bequeaths a credit v. a third person; apples only to
amounts outstanding at time of testators death; estate to comply with legacy
by assigning all rights of action v. debtor Art. 935

page nine
(2) legacy of remission of debt applies only to amounts existing at time of
testators debt; estate to comply by giving L an acquittance Art. 935
(3) legacy of pledge limited to discharge of pledge Art. 936
(4) legacy shall lapse if testator subsequently files a collection case v. debtor- Art.
936
(5) generic legacy of release or remission of debt comprises only those existing at
time of execution of will Art. 937
13.legacy or devise made to creditor not applied to his credit or
payment of testators debt Art. 938
14.Art. 939 relate to Art. 925
15. Art. 940 rule on alternative legacies; relate to Art. 942 and 943
16. Art. 941 - Legacy of generic personal property valid even if nothing of the same kind
exists in the estate; estate shall buy it; executor to choose thing of medium quality -
neither inferior not superior quality
17. Art. 941 devise of indeterminate real property valid only if there be immovable of its
kind in the estate
18. Art. 944 duration and amount of different legacies
(1) education until L is of legal age, or until L finishes prof, voc or gen. course,
with diligent study
(2) support during lifetime of L, unless testator provides otherwise
(3) rules as to amount:
i. amount prescribed by testator
ii. what testator used to give during his lifetime
iii. in accordance with his needs (social standing and circumstances)
19. legacy of pension shall be demandable from death of testator and payable at the
beginning of each period and shall not be returned although legatee died before the
end of the period Art. 945
20. Art 946 same as Art. 934, par. 3 usufruct attaches to L/D until extinguished
21. Rules on demandability, fruits and ownership of D/L Art. 947-949
(1) demandability
(4) pure upon testators death Art. 947, 945
(5) with a term upon arrival of term
 (6) conditional upon happening of suspensive condition
(2) fruits
i. pure and specific upon testators death Art. 948
ii. pure and generic upon determination of what is to be delivered to D/L
unless the testator provides otherwise Art. 949
iii. with a term upon arrival of the term
iv. conditional upon happening of suspensive condition
(3) ownership
1. pure and specific upon the death of the testator Art. 777
2. pure and generic:
i. if the thing comes from testators estate upon testators death

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ii. if the thing is to be acquired from a third person upon acquisition

3. with a term upon the testators death (effect retroacts)
4. conditional upon testators death (effect retroacts)

22. order if preference of payment of legacies Art. 950

Art. 950 to be followed for any other reason other than impairment of legitimes;
otherwise follow Art. 911: If you reduce legacies, reduce all except those preferred
according to testator.
23. thing bequeathed includes all accessions and accessories Art. 951
24. L/D must be delivered if able to do so and obligation cannot be discharged by giving
its value Art. 952
25. L of money to be paid in cash even if estate does not have any
26. Expenses for delivery of D/L is for account of estate or heir but shall not reduce
legitimes Art. 952
27. L/D cannot take possession of L/D but shall request it from heir or executor Art. 953
28. Rule when there is only one legacy or devise L/D cannot accept part and repudiate
other part Art. 954
29. If L/D dies before D/L is delivered and leaves several heirs, some may accept and some
repudiate share respectively belonging to them and rule on accretion, acceptance and
renunciation apply as the case may be Art. 954
30. Rule when there are two D/L , one of which is onerous and other gratuitous D/L
cannot accept one and repudiate the other; either accept both or repudiate both Art.
955
Exception: both are onerous or both gratuitous D/L may accept and renounce both
or accept one and renounce the other
Exception to the exception: if testator intended that the D/L are inseparable, D/L
either accept both or renounce both
31. Compulsory heir who is also D/L: may accept inheritance and renounce D/L or waive
inheritance and accept D/L Art. 955
32. D/L cannot or unwilling to accept D/L or D/L becomes ineffective, property goes to
mass of estate- Art. 956
Exception: in cases of substitution and right of accretion Art. 956
33. Grounds for revocation of legacy or devise (by operation of law) Art. 957
a. transformation of thing
b. testator alienated the thing, intention to revoke manifest
b.1. exception - if testator reacquires the thing by virtue of right of repurchase, D/L
valid
b.2. alienation annulled because of vitiated consent D/L valid
c. D/L totally lost
34. Mistake in designation (name) of thing bequeathed or devised does not invalidate the
D/L if it is possible to identify it Art. 958
 Page eleven
EIGHTH WEEK LEGAL OR INTESTATE SUCCESSION- ART. 960-1014

1. Who are intestate heirs 8 classes in order

2. Table of Intestate Shares - Art. 978-1014 (Total intestacy: different combinations)
3. How proximity is determined - Art. 963
Degree defined
Line defined Art. 964
- direct or
- collateral
4. Kinds of direct line Art. 965
- ascending
- descending
5. Direct line ascent made to a common ancestor
6. Collateral ascent to common ancestor and then descent to person with whom
computation is made
7. Full and half-blooded relationship defined Art. 967
8. Rules in intestacy:
a. Nearer excludes the more remote.
b. Descending line is preferred over the collateral.
c. Descending line is preferred over the ascending.
9. There is no limit to the consideration of heirs in the direct line; in the collateral line,
the limit is 5 degrees
10. If several relatives are of same degree, one or some are incapacitated to accept the
inheritance, his portion shall accrue to others of same degree, unless the
incapacitated has the right to be represented in the inheritance. _ Art. 968
11. If share is repudiated - share of renouncer goes to heirs of the same degree by
accretion. Renouncer cannot be represented.- Art. 969
12. In renunciation, those of the following degree shall inherit in their own right. Art.
969
13. Representation defined Art. 970
14. When does right of representation operate?
a. Predecease Art. 982, 975
b. Disinheritance Art. 923
c. Incapacity or unworthiness to succeed Art. 1073
15.When does representation not operative Art. 968-969,
Art. 977
16.In what kinds of succession does it operate?
a. Compulsory
b. Intestate
N.B. does not apply to testamentary succession
17. The representative succeeds to the estate of the one whom
the person represented would have succeeded. Art. 971
18. Right of representation:
a. takes place in the direct descending, never in the ascending
line

page twelve

b. takes place in the collateral line only in favor of

children of brothers or sisters, whether full or half-blood
 c. representative must himself be capable of succeeding Art. 973
d. Succession by representation is by stirpes representative shall not inherit more
than what the person they represent would inherit- Art. 974
Compare with Art. 1005 per capita (equally) v. per stirpes (by representation
e. Nephews and nieces of deceased inherit by representation is they survive with
uncles or aunts. If alone, inherit in equal parts . Art. 975
f. A person whose inheritance an heir has renounced may represent the latter.
Art. 976
g. Heirs who repudiate may not be represented. Art. 977
19. Iron curtain rule prohibits an illegitimate child from inheriting
from the legitimate relatives of his parents; such relatives may not
inherit from illegitimate child Art. 992
20. In default of persons entitled to succeed intestate from the
deceased, the State shall inherit the whole estate. The Rules of
Court shall govern how the State shall take possession of the
Estate.
a. personal property to municipality/city where decedent last
resided and real estate property to mun/city where located
b. if decedent not a resident, estate shall be assigned to city/mun
where property is located
c. estate for the benefit of public schools, and public charitable
institutions in area
d. court apportion estate according to needs of beneficiaries
e. at instance of interested party or moto propio, court may order
permanent trust so only income from property shall be used
f. any person legally entitled to estate may claim by court action
within 5 years from date property was delivered to State
21. Bocayo v. Borromeo nephews and nieces exclude uncles and
aunts (Art. 1009 by inference)
22. Other collaterals entire estate in equal shares
Rules:
a. No distinction between full and half-blood
b. No representation
c. Nearer excludes the more remote
d. Up to 5th degree only (Art. 1009-1010)
e. In case of illegitimate decedent, collaterals up to nephews and nieces only

NINTH WEEK PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS --

Art. 1015-1105

1. Right of Accretion
a. Definition Art. 1015

Page thirteen

b. When accretion takes place

1) predecease
2) renunciation
3) incapacity
PROVIDED, only some, not all of the instituted heirs give ground
2. Elements of accretion Art. 1016
a. 2 or more persons called to the same inheritance (they are all related to the
decedent in the same degree) or same portion thereof
b. pro indiviso
c. one of the persons thus called, predecease, renounce or is incapacitated to
succeed
 d. N.B. accretion takes place in intestacy only if there is no right of representation in
the case of predecease, incapacity or unworthiness of person called to the
inheritance. In renunciation, there is always accretion.
3. How does accretion operate? - Art. 1019
In the same proportion that they inherit
4. Heirs to whom share accrues inherit all the rights and obligations
attached to share.
Exceptions: (1) unless the testator provides otherwise for
testamentary succession
(2) the obligation is purely personal
5. When will accretion take place in intestacy?
(1) Predecease only if there is no right of representation
(2) Renunciation always; co-heirs inherit in their own right
(3) Incapacity or unworthiness only If there is no right of rep.
6. Among compulsory heirs, accretion takes place only when there is
a free portion left to 2 or more of them or to anyone of them and a stranger Art.
1021
IF the part repudiated is the legitime, the other co-heirs inherit it in their own right.
7. Accretion in testamentary succession - inferior to substitution. If the instituted heir
(PRI) and there is no substitute designated, the vacant portion of the instituted heir
go to the legal heirs of the testator. Art. 1022. This means that if there is neither
substitution nor accretion, the vacant part shall go by way of intestacy.
8. Capacity to succeed by will or intestacy
1. Persons not incapacitated by law may succeed by will or intestacy. Art. 1024.
2. Who are incapacitated to succeed?
a. Persons who are not alive at the time of death of testator or decedent. Art.
1025
Exceptions:
a.1. unless the compulsory heir who dies has descendants who have the right
to represent him

page fourteen

a.2. Child already conceived at the time of death of testator/decedent who

under the law is given presumed civil personality under Art. 41 of CC.
a.3. Corporations or entities may succeed under a will, provided they already
exist at time of testators death and their charter does not prohibit them
from inheriting Art. 1026
b. Persons who are validly disinherited in a valid will.
c. Persons who are incapacitated to inherit under Art. 1027.
d. Persons who are incapacitated to inherit under Art. 1032.
e. Persons who are disqualified to be instituted as heirs under
Art. 1028 in relation to Art. 739, CC
3. Testamentary disposition for prayers and pious works for the
benefit of his soul property designated will go to his Church (1/2) and the
State (1/2). Church and State shall use the inheritance for purposes under Art.
1013.
4. Testamentary dispositions in favor of the poor in general, w/o designation of
particular persons or community Art. 1030
a. limited to poor living at the domicile of testator upon his death.
b. Who is to designate (in order of preference)
b.1. person designated by the testator for that purpose
b.2. executor (if not named in will, judge will appoint one)
b.3. MTC judge, mayor, municipal treasurer
5. Incapacity to succeed by reason of unworthiness (Art. 1032)
 a. Eight grounds
b. Grounds 1, 2, 3, 5 and 6 are the same as inheritance. Effect
of Art. 919 and Art. 1032 is the same. Under common
grounds, there is no need to disinherit because the heir is
incapacitated to inherit under Art. 1032.
c. If testator had knowledge of the causes of unworthiness at
the time he made the will, and instituted the heir in it, he is presumed to
have pardoned the heir, or if testator comes to know them subsequently, he
should condone the causes in writing (written pardon). Art. 1033
d. In Art. 919, disinheritance is lifted by reconciliation.
e. What to follow if reason for disinheritance is a common ground follow
rules of disinheritance (Balane)
f. When to judge capacity of heir - Art. 1034
(1) No. 1, 6. 7, and 8 at time of death
(2) Nos. 2, 3, and 5 requires final judgment of conviction
(3) No. 4 expiration of month allowed for report, if required to file one
(4) Conditional institution, legacy or devise at time of compliance with
condition and time of death of decedent.
g. Grounds 6, 7, and 8 cover 6 cases relating to a will

Page fifteen

h. If Incapacitated heir is descendant of decedent who has descendants at the time

of death of decedent, the latter shall acquire his legitime but the incapacitated
heir shall not have administration nor usufruct over property inherited by his
descendants. Art. 1035
i. Art. 1035 assumes that net free portion has been disposed of completely, if not,
intestate share of incapacitated heir will also go to his descendants.
j. Acts of alteration and administration done by incapacitated heir prior to
judicial order of exclusion are valid as to 3 rd persons who acted in good faith but
co-heirs may recover damages from the excluded heir. Art. 1036
k. Unworthy heir entitled to be reimbursed for necessary expenses incurred by him
from estate Art. 1037
l. Unworthy heir must return property, fruits and rents from property that he
received while in possession of property. Art. 1038
m. Capacity to succeed from decedent governed by national law of decedent Art.
1039
n. Right of heir to recover inheritance from disqualified heir who took possession
thereof must be exercised within 5 years from possession. Art. 1040