SUCCESSION TRENDING TOPICS (MISON)

I. Succession is a gratuitous transmission (donation mortis causa).

- A donation that purports to be inter vivos but withholds from the
donee the right to dispose of the property during the lifetime of the
donor is in truth a donation mortis causa.
- Power to dispose = most essential attribute of ownership
- Intent to divest oneself of the ownership of the property
- Constructive or symbolic delivery = sufficient to vest title in the done
o Evidence of donative intent is concrete and undisputed
o When there is every indication that:
1. Donor intended to make a present transfer of the subject
matter of the gift
2. Steps taken by the donor to effect such a transfer must have
been deemed by the donor as sufficient to pass the donor’s
intent to the donee

II. The rights to succession are transmitted from the moment of

death of the decedent.
- Death = operative fact that opens succession
- Since the administrator is only a representative of the estate or the
heirs, the heirs can do what the administrator is authorized to do.
- Judicial approval is not necessary for the mortgage entered by the
administratrix; constituted in her personal capacity since she is the
absolute owner of her conjugal share and hereditary share in the
estate of the decedent.
- The right of redemption before the death of the decedent pertains to
the estate; after the death, the right belongs to the heirs.
- The interest of an heir in the estate of a decedent may be attached for
the purposes of execution, even if the estate is in the process of
settlement before the courts.
- GR: Heirs have no legal standing in court upon commencement of the
testate/intestate proceedings
E: Administrator fails or refuses to act
- Future inheritance (inchoate right to inherit)
1. Succession has not yet been opened
2. Object of the contract forms part of the inheritance
3. Promisor has, with respect to the object, an expectancy of a
right which is purely hereditary in nature

III. A will is an act whereby a person is permitted, with the

formalities prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death.
- Devisees = real property
Legatee = personal property
- A person writes a will because he wants to make property disposition.

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 o A will executed for the sole purpose of recognizing an
illegitimate child, or for the sole purpose of requiring certain
funeral rites is NOT a will.
- Disinheritance = act of disposition
- Absence of a testamentary intent = there can never be a will

IV. 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 of money are to be given or applied.
- Delegation is allowed because testamentary discretion had already
been exercised and what is delegated is merely the implementation of
such discretion.
o The third person’s selection of recipients is limited to those
members within a class or cause that was already chosen by the
testator.
o For the delegated power to be ministerial in nature, the testator
has to provide for guidelines or criteria and has already
earmarked specific property or sums of money for such third
person to merely distribute in accordance with the criteria
provided.
- When the class institution is too broad, the law itself provides limits.
o “The poor” = the law will interpret such provisions as the poor
people living in the locality where the testator lived.
o “To charity” = the law will divide the amount in half and give
half to the local government for public schooling and charitable
works and other half will go the coffers of the testator’s church
to be used for whatever the church wants

V. Mistakes in the institution of an heir

- Types
1. Apparent/extrinsic evidence = mistake of imperfect
description that appears in the face of the instrument
o e.g. “to the most intelligent senator in the history of
the Philippine Senate”
2. Non-apparent/intrinsic = mistake as “when no person or
property exactly answers the description” that cannot be
seen from a mere personal reading of the will, but appears
only upon the consideration of extrinsic circumstances
o e.g. “to my best friend in school” and the testator had
best friends in high school, law school, etc.
- Steps to resolve ambiguous dispositions:
1. Read the entire will in order to ascertain the intent of the
testator.
2. Circumstantial evidence

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VI. The validity of the will as to its form depends upon the
observance o the law in force at the time it is made.
- Intrinsic validity = time of death
o Substantive validity
o National law of the decedent
o Issues concerning legitimes, capacity of heirs, preterition, etc.
- Extrinsic validity = time of execution
o Formal validity
o Proper form, testamentary capacity

VII. Testamentary capacity

- Persons under 18 yrs of age = cannot make a will
- Sound mind
1. Nature of the estate to be disposed = knows what his properties
are and the extent of his liabilities which may affect his net
estate
2. Proper objects of his bounty
3. Character of the testamentary act = understands the
preparation and execution of the will involves dispositions
affecting his properties
- Presumption of mental capacity = burden is upon the contestants of
the will to prove lack of testamentary capacity
E: testator is publicly known to be insane one month or less before
making his will OR judicially declared insane, burden is on the person
who maintains the validity of the will to prove the testator made it
during a lucid interval
- Though the disposition may seem questionable to others, it may be
reasonable considering the factual circumstances surrounding the
testator and the beneficiaries
- Act of suicide is not per se a proof of insanity or insane delusions
- Mere misapprehension of facts does not establish the existence of such
delusion as to invalidate a will

VIII. Every will must be in writing and executed in a language or

dialect known to the testator.
- Presumption that the will was executed in a language or dialect known
to the testator if the will was executed inn the locality where the
testator was residing

IX. Form of Notarial Wills

- Signature
o Complete signature = NOT essential to the validity of the will
o Thumb mark = valid signature especially when the testator
cannot affix his signature due to some medical condition such as
paralysis
o Cross = only if proven that it is the testator’s customary
signature

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 - “In presence of” = merely casting their eyes in the proper direction,
they could have seen each other sign, without changing their relative
positions or existing conditions
- Attestation = crucial to the validity of the will
o Attesting signature of the testator = logical end of the will
o Attesting signature of the witnesses = end of the attestation
clause
- Subscription = merely to identify each and every page of the will; may
be placed ANYWHERE in the will
o Dispositions are written on only one sheet signed at the bottom
by the testator and 3 witnesses, their signatures on the left
margin would be completely purposeless
- Presumption of regularity cannot be defeated by negative testimony
(even by the notary public). The attestation clause, once signed,
affirms the compliance with the rules and its execution contradicts the
presence of undue influence.
o Only the will itself may present circumstances and improper
execution as to form which will automatically invalidate a will

X. Every will must be acknowledged before a notary public by the

testator and the witnesses.
- Acknowledgement = declare before a law officer that they had
executed and subscribed to the will as their own free act or deed.
- Purpose = assure voluntariness of testator in the execution and to
ascertain the identities of the testator and witnesses
- A notarial will that is not acknowledged before a notary public by the
testator and the witnesses is fatally defective, even if it is subscribed
and sworn to before a notary public.
- The will must be denied probate if it is acknowledged before the notary
public only by the testator and not by the witnesses.
- A will is considered complete after it is acknowledged before a notary
public since its acknowledgement is essential for its formal validity.
- The notary public cannot acknowledge his signing of the will before
himself (cannot be a witness and notary public at the same time)
- BB answer: absence of witnesses does not invalidate a will if there is
an attempt, as when the witnesses went on the following day;
substantial compliance

XI. Specific rules as to deaf, deaf-mute, and blind testators

- Deaf/deaf-mute = must personally read the will, if able to do so
o Otherwise, he shall designate two persons to read and
communicate it to him, in some practicable manner the contents
- Blind = read twice
1. By one of the subscribing witnesses
2. Notary public before whom the will Is acknowledged
- Blind = incapable of reading their wills; need not be clinically blind
(hence, blind if he can only see at a distance)

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 - Purpose = to make the provisions thereof known to the testator so
that he may be able to object to if they are not in accordance with his
wishes
- Substantial compliance allowed

XII. Substantial Compliance

- In absence of:
1. BF
2. Forgery
3. Fraud
4. Undue and improper pressure and influence
Defects and imperfections in the form of attestation or in the language
used therein = VALID if it is proved that the will was executed and
attested in substantial compliance
- Defects/imperfections ✓
Omissions in the attestation clause ✗
- The formal imperfections should be brushed aside when they do not
affect its purpose and which, when taken into account, may only
defeat the testator’s will.
- To support a valid will, the clause must contain the following items:
1. Number of pages of the will
2. 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 witnesses
3. The witnesses witnessed and signed the will and all if the pages
thereof in the presence of the testator and of one another
- The courts, applying the doctrine, held that a will is valid regardless of
the defect in the attestation clause; the attestation clause is essentially
the act of the witnesses over whom the testator has no control.
- Substantial compliance has never extended to allow a witness to attest
a will before the testator signs it and who in fact never sees the
testator sign.
- Example: attestation clause does not state the number of the
witnesses, but the will clearly shows signatures of the four witnesses

XIII. Holographic wills

Entirely
1. Written,
2. Dated, and
3. Signed by the hand of the testator
- Executed in a language or dialect known to the testator
- Subject to no other form, may be made in or out the Philippines, and
need not be witnessed
Written by hand of the testator
- The original will should be presented for probate; photostatic copy is
NOT allowed (pressure of the handwriting cannot be compared)

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 - Preprinted form and in his own handwriting fills in the blanks by
designating his beneficiaries and apportioning his estate among them
and signs it = valid
Dated by hand of the testator
- Purpose = to determine age, soundness of mind, and whether the will
was prepared after Aug 30, 1950 (dated on or before Aug 29 = invalid
since NCC took effect only on Aug 30)
- An incomplete date will be sufficient if it does not create a controversy.
o GR: Day, month and year
E: No issue as to age, testamentary capacity and effectivity of
the code, will Is valid as to the incomplete date
o E.g. 1961, February 16
o Proponents of the will = burden of proof
- Probate proceedings
o At least one witness who knows the handwriting and signature
o Will is contested = at least three
▪ In the case of Codoy v Calugay, the court required three
witnesses since the will was not found in the personal
belongings of the decedent, it was with one of the
beneficiaries five years before the death of the testator,
visual examination of the will
o In absence of any competent witnesses = expert testimony if
the court deems it necessary
o Witnesses = not mandatory since no witnesses may be present
at the time of the execution
- Dispositions written below his signature must be dated and signed
- When a number of dispositions 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
- In case of any insertion, cancellation, erasure, or alteration = testator
must authenticate
ALTERED VALID
Made by hand ✓ ✓
Authenticated
Made by hand ✗ ✓
NOT authenticated Deemed as not
written
Made by testator but ENTIRE WILL is VOID
NOT handwritten
Whether or not
authenticated
Made by a stranger ENTIRE WILL is VOID
Authenticated
Made by a stranger ✗ ✓
Not authenticated Deemed as not
written

- Revocation = does not need the authentication of the testator

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 o Cancellation of a vital part of the will = considered as
revocation; entire will is voided because nothing will remain in
the will which could be considered valid since there was only one
substantial provision. To state that the will as first written
should be given effect is to disregard the change of mind of the
testator.
o In the case of Kalaw v Relova, the will as first written instated
Rosa as the sole heir, but it was altered as to institute Gregorio
as the heir; the alteration was without any authentication. The
court ruled that the entire will is invalidated.
▪ The institution of Gregorio is not valid since it was not
authenticated.
▪ Rosa cannot inherit because the cancellation of her name
was an act of revocation.

XIV. Joint Wills

- Joint will = will authored by two or more persons signed by them as
co-makers
Mutual will = authored by two or more persons for their reciprocal
benefit
- When the joint will is presented for probate, it may happen that the
same becomes operative with respect to one but not with the other
testator such as when one is incapacitated and lacks testamentary
capacity.
- De la Cerna v. Rebeca-Potot = Sps Bernabe and Gervasia executed a
joint will. The lower court refused the will for probate for being a joint
will. CA reversed the decision on the ground that the decree of
probate after the death of Bernabe was issued by a court of proper
jurisdiction and conclusive on the due execution of the statement.
o SC: The probate entered by the CFI has conclusive effect as to
the will of Bernabe only. This joint will is thus valid despite the
fact that joint wills are decreed to be invalid by the Code. It
follows that the will insofar as Gervasia is concerned, must be
on her death, re-examined and adjudicated de novo, since a
joint will is considered to be the separate will of each testator.
Therefore, the interest of Gervasia should pass upon her death
to the heirs intestate unless some other valid will was made by
Gervasia.

XV. Witnesses
- Qualifications:
1. Sound mind
2. At least 18 yrs old
3. NOT blind, deaf or dumb
4. Able to read and write
- Disqualifications:
1. Not domiciled in the Philippines
2. CONVICTED of

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 1. Falsification of a document
2. Perjury
3. False testimony
- Competent = organs of perception and not legally impaired
o Shown by his appearance, testimony, answers to questions
Credible = person that can be believed; general reputation as a
member of the community
o Ultimate judge of a persons’ credibility = probate judge

XVI. Revocation
- A will may be revoked at anytime before the testator’s death. Any
waiver or restriction of this right is VOID.
- Dependent relative revocation = revocation in a subsequent will
effective even if the new will is inoperative by reason of incapacity of
renunciation of heirs, devisees or legatees
o Revocation of first will = dependent on validity and admission
to probate of second will
- No will shall be revoked except in the following cases:
1. Operation of law
2. Execution of subsequent document
3. Overt acts
Execution of subsequent document
a. Express = express provision (revocatory clause)
b. Implied = irreconcilable inconsistent dispositions or provisions;
latter provision is given effect
Overt acts
1. Testamentary capacity at time of revocation
2. Burning, tearing, cancellation or obliteration of the will by the
testator or by another in his presence and by his express
direction
3. Completion of the subjective phase of the act
4. Intent to revoke [animus revocandi]
5. As provided by jurisprudence, the other person must be literate
and understand that such document to be destroyed is the will
of the testator
- As long as physical proof of the will is destroyed by overt acts, then
such ought to be considered as revoked.
o Tearing of the tip of the paper = NOT revocation
o Crumpling and throwing in trash can = NOT revocation
o Tearing of signature part = revocation; subjective phase
o Will stated such will is irrevocable = can still be revoked
- Subjective phase = the act of revocation must be complete in the
mind of the testator
- Proof of intent = determined by prior and contemporaneous acts
proved by witnesses
- When the will was last found to be in the possession of the testator
and the same cannot be found despite diligent search, then the will is
considered revoked.

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 o Same presumption where it is shown that the testator had
ready access to the will and it cannot be found after his death

XVII. Republication and Revival

Republication
- Method by which the testator restores to validity as his will an
instrument formerly executed by him as his will which was originally
invalid for want of proper execution
- Cover all acquired properties after the execution of the first will
- Governed by formalities required at time of republication
- Types:
a. Express = re-execution
b. Implied = republication by reference
Revival
- Takes place by operation of law
- Takes place only when there is implied revocation
- Testator makes a second will expressly revoking the first. Testator
revokes the second will. The first will shall only be revived by another
will or codicil (republication).
o Testator revokes second will by a new will or overt act = first
will is revoked

XVIII. Probate
- Special proceeding [remedy by which a party seeks to establish a
status, a right or a particular fact] for establishing the validity of a
will
o Declaration of heirship ✓ (status or right)
o Proof of filiation and determination of the estate ✓
- Proceeding in rem
- Limited jurisdiction
1. Identity = whether the instrument offered for probate is
the last will and testament of the decedent
2. Due execution = whether according to the formalities
3. Testamentary capacity
o Conclusive to those three issues, subject to the right of appeal
o E: patent nullity on the face of the will involving intrinsic
validity as in the case of Nepomuceno
o Provisional ruling on question of ownership and intrinsic validity
to give effect to the will
o Lim v CA: question of ownership was ruled since the case has
peculiar circumstances, that the Torrens title is registered in
the name of some other person (presumption of conclusiveness
of the Torrens title)

XIX. Duress, Undue Influence, Fraud, Mistake

Duress from violence and intimidation
- Under duress = result of violence/intimidation

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 Violence = use of physical force; serious or irresistible force
Intimidation = presupposes a psychological effect to coerce the
testator; reasonable and well-grounded fear of an imminent and
grave evil; considering the age, gender and condition
Fraud
- Must be the proximate cause for the testator to make a will
- Failure to disclose facts, when there is duty to reveal them, as when
the parties are held by confidential relations = fraud
- Mere opinion NOT fraud unless made by an expert and the other
relied on the former’s special knowledge
- Examples:
o In his desire to be hired by the testator, a young lawyer told
him to make a will since it will save him on taxes by 50%. But
in truth, not more than 10%. Fraud?
▪ NO. Not fraudulent per se especially when the testator
had the opportunity to verify such statement by the
lawyer
o Same lawyer same statement in GF, but testator in
consideration thereof, wrote a will. Fraud?
▪ It depends on the existence of GF, which implies the lack
of a conscious and intentional design to do a wrongful
act for a dishonest purpose. Ultimately, the
determination of GF rests upon the discretion of the
court.
Undue and Improper Pressure/Influence
- When a person takes improper advantage of his will over the will of
another, depriving the latter of the reasonable freedom of choice
- There must be some form of moral ascendancy.
- Special relation; fear or respect
- Examples:
o Testator is an old man suffering from several ailments and
cataract. He named Rosa (whom he married) as his
beneficiary. At the time of the execution of the will, he was
living with Ozaeta. He named Ozaeta as executor of the will.
Undue influence?
▪ Not enough that there was an opportunity to exercise
undue influence; it must be proven by substantial
evidence
o Testator named his mistress as beneficiary. His mistress also
acted as a nurse of the testator. Undue influence?
▪ NO. Mere affection, even if illegitimate, is not undue
influence and does not invalidate a will. It must be of
such influence as to destroy the testator’s free agency.
o Testator admitted in his will that his beneficiary is his mistress.
▪ VOID; cannot donate (persons who are both guilty of
concubinage)
o Testator had an affair with his employee. Sons had quarrel
with the employee. Employee loaned some money to him.

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 Testator disinherited his sons and bequeathed some property
to the employee. He also had a serious illness and he died a
very short time after execution of the will. Undue influence?
▪ YES. Employee had a motive for the disinheritance. Not
only was she given some property as payment for the
loan, but also she had an expectation of a long period of
employment which without question would cease once
the boys acquired possession of the testator’s business.
▪ It is difficult to believe that she did not know that the
testator was executing wills in which he was disinheriting
his sons, considering their close relationship.
▪ Further, because of his weakened physical condition and
other factors, he was a person whose mind could be
influenced.
o Attorney-client relationship and also a lover
▪ Intimate nature of the personal relationship = inference
of undue influence, extending and augmenting that
which flowed from the attorney-client relationship
Signature procured through fraud
- Procurement of the signature
Mistake
- When the testator did not intend that the instrument he signed
should be his will at the time of affixing his signature = vice of
consent

XX. Institution of Heirs

- Institution of an heir = designation of the person/s who are to
succeed him in his property and transmissible rights and obligations
o P60 M to Ang. Valid institution? NO. Legatee.
- Respect legitimes.
o When estate is all legitime:
Spouse = ¼
Legitimate child = ½
2 illegitimate children = 1/8 each
- Adjustment of shares = total estate x share received
total distribution

XXI. Preterition
1. Receives nothing by will
2. No donation inter vivos was given to him (which may be
considered as an advance of legitime). If already given,
remedy is to demand for completion of legitime under Art.
906;not claim preterition.
▪ What was given is not enough for legitime = shares of
others shall be reduced for the legitime to be
complete
▪ Donation v support [“in keeping with the social
standing of the family”]

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 3. Whole estate = distributed by will
- Total omission from the will
- Disinheritance = depriving the heir of his legitime for a cause
authorized by law
o Preterition = distribute intestatebut respect legatee and
devisee; may be more than the legitime
▪ Disinheritance = legitime
- Compulsory heirs
1. Legitimate children and descendants
2. Legitimate parents and ascendants
3. Spouse
4. Illegitimate children
o Compulsory heirs who can claim preterition = direct line
(whether living at the time of the execution of the will or born
after the death); hence, spouse may NOT claim preterition but
adopted chid may claim because of the direct line by the legal
fiction of adoption
- Solano v CA: Testator instituted his illegitimate child Zonia as
universal heir. Garcias, illegitimate children of the testator as well,
were not mentioned in the will.
o There is preterition BUT contrary to the conclusions of the
Courts below, holding that the entire Will is void and intestacy
ensues, the preterition of the Garcias should annul the
institution of Zonia as heir only insofar as the legitime of the
omitted heirs is impaired. The Will, therefore, is valid subject to
that limitation. It is a plain that the intention of the testator
was to favor Zonia with certain portions of his property, which,
under the law, he had a right to dispose of by Will, so that the
disposition in her favor should be upheld as to the one-half
(1/2) portion of the property that the testator could freely
dispose of.
- Example:
o Estate = 120 M; In his will, friends X = ½, Y = ¼, Z = 1/8
▪ Excess = compulsory heirs
- Different from Art. 855 [Share of a child/descendant omitted in a will;
not complete omission since heir may still receive something from the
estate]
o Taken from the part of the estate not disposed of by will, if
any; not sufficient, take proportionally from shares of other
compulsory heirs
o Example:
Estate = 40 M Friend B = 5M
Only son A = ½ Posthumous son Z
▪ Solution:
A = ½ = 50 M
B=5M
Excess = 15 M

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 Legitime of legitimate children = half of estate (20M);
other half is free portion
Z = 10 M (legitime)
Balance of 5M (legal or intestate heirs) = A and Z share
equally
▪ Answer:
A = 22.5 M [20M in the will and 2.5 in intestacy]
Z = 12.5 M [10M as legitime and 2.5 in intestacy]
B = 5 M legacy

XXII. Fideicomissary Substitution

- Testator institutes an heir with an obligation to deliver to another the
property so inherited
- Fiduciary [first heir] and fideicomissary [second heir] must be
instituted by the testator
- Fiduciary given the duty to preserve and transmit the property or
share to the fideicomissary
- One degree apart [limited to parents and their children]
- Both must be living or least conceived at the time of the testator’s
death
- Clearly expressed in the will
- Imposed on the free portion
- One transfer rule = only one transfer
- Fiduciary may NOT dispose by will her proprietary rights over the
property; may dispose through other means such as sale or donation,
subject to an actionable wrong
- Both are owners of the property = the fideicomissary can sell RIGHTS
to the property NOT the property itself; fideicomissary cannot deliver
the property prior the death of the fiduciary only AFTER when the
beneficial rights accrue to him
- Same as constructive trust
- Fideicomissary dies before fiduciary but after testator = acquire right
to succession from time of testator’s death; right passes to heirs
Fideicomissary dies before testator = fiduciary receives the property
free from encumbrance
Fiduciary dies before testator = considered as vulgar substitution (A
instituted B; if B dies ahead of A, C will substitute B); fideicomissary
receives the property free from encumbrance since the burden ceases
from the time the beneficial rights of ownership are enjoyed by the
fideicomissary

XXIII. Dispositions with a Condition and Term

Condition
- Uncertain and future event
- May or may not happen
- May also be a past event unknown to parties
Term
- Certain and future event

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 Potestative, Casual or Mixed
- Potestative = sole will of heir
o Substantial compliance
o GR: as soon as he learns of death
E: condition already complied with and can no longer be fulfilled
again
o Negative potestative condition = bond/security is required; in
contravention of the condition, return property with its fruits and
interests
- Casual/chance = depends on third persons
o Strict compliance
o Before or after death
o Deemed fulfilled when at time of execution:
a. Testator UNAWARE condition already existed/complied =
deemed complied
b. Testator AWARE = fulfilled only if it is of such nature it could
no longer exist or be complied with again
Resolutory or Suspensive
- Suspensive = fulfillment of term/condition results to acquisition of
right
Resolutory = fulfillment results to termination of entitlement to
disposition

Death of Testator Condition/Term

(interim period)
Suspensive Condition Administrator Fulfilled = X
Unfulfilled = legal heirs
Suspensive Term Legal heirs X
Resolutory Condition X Fulfilled = person
designated by testator
Unfulfilled = legal heirs
Resolutory Term X Fulfilled = person
designated by testator
Unfulfilled = legal heirs

Impossible condition
- Legally or physically impossible
- Time of execution= simple institution
Time of death = annulment of disposition
Mode
1. Object of the institution = e.g. X institues Y to give him enough
money to obtain legal education
2. Charge imposed on the heir = e.g. X institutes Y and directs him
to apply the estate to the construction of a college in Quezon
3. Application of the property = e.g. X institutes Y and states that
Y should devote 10% of the annual income from the buildings of
X for the feeding program of the Manila mayor
- When there is doubt as to whether it is a mode or condition = mode

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 - When there is doubt as to existence of a mode = mere suggestion
MODE CONDITION
Suspends efficacy of ✗ ✓
rights
Obligatory ✓ ✗
EXCEPT when it is for
the exclusive benefit
of the person
concerned
Demandability/extinction Immediately Depends on fulfillment
of a right demandable although of condition
subsequent to the
fulfillment of the mode

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 SUCCESSION FINALS TRENDING TOPICS (MISON)

I. Compulsory Heirs
1. LC/LD
2. In default of the LC/LD, LP/LA
3. SS
4. IC
5. IP as to IC without issue
6. Adopted Children = LC
- Free portion:
1. IC
2. SS
- Strict legitime = LC/LD or in default, LP/LA

II. Reserva Troncal [statutory reservation which directs the movement of

certain properties which otherwise will go to certain predetermined
heirs.
- Requisites:
1. Transfer of property by gratuitous title [donation, testate or
intestate] to the descendant from an ascendant OR sibling
2. Existence in the inheritance of such property acquired by the
descendant
3. Existence of an ascendant who inherited property from the
descendant by operation of law [intestate; no LC/LD]
4. Existence of relatives of the descendant within the 3 rd degree
from the line from where the properties came from
- Parties:
1. Origin = person from whom the prop came from; ascendant or
sibling of the prepositus
2. Prepositus = main actor; owner of the prop transferred to him by
gratuitous title from the origin; dies intestate and without issue
3. Reservor = ascendant of prepositus; prop transferred as legitime
or by intestacy; absolute owner subject to resolutory condition of
existence of the 3rd degree relatives upon the reservor’s death
4. Reservees = same line of family of the origin; beneficiaries;
include those related to the prepositus within the 3rd degree
o 1st degree = parents
2nd = siblings, grandparents
3rd = great-grandparents, uncles and aunts, nephews and
nieces
- Purpose = to prevent the accidental transfer of property/wealth from
one line to another; maintain as absolute as possible, with respect to
the property to which it refers, the separation between the paternal
and maternal lines so that property of one line may not pass to the
other or through them to strangers by accident
- Kind of property is immaterial as long as such property came from the
origin by gratuitous title, then there is a possibility of reserva

Camille Sapnu Succession 16

 - Treated as an encumbrance upon the property and it follows the
property whenever it goes up to the reservor
o If the prepositus does NOT convert, dispose or alienate the
potentially reservable property = reserva attaches to the
property in the hands of the ascendant upon the death of the
prepositus
▪ Parcel of land is transferred to a decendant by donation
inter vivos and the same is again transferred to an
ascendant by intestacy, such is considered reservable.
▪ If the prepositus, during his lifetime, converts such
parcel of land to cash = NO reserva troncal since the
property is NOT preserved in its original state, thus
destroying its potential reservable character
- Gratuitous title = donation, testate or intestate
o Absence of any obligation imposed by prepositus
o Debt > property = potentially reservable
o Pure liberality as consideration
- By virtue of the nature of the reservor’s possession over the property,
he can alienate the property still subject of its reservable nature.
Reservor is also a genuine owner of the property.
o In one case, SC held the validity of the simultaneous sales made
by both the reservoir and the reservees to two different buyers.
▪ NOT a case of double sales = different sellers and
different subject matter
- Double resolutory condition:
1. Death of reservoir
2. Survival of the 3rd degree relatives upon the death of the
reservoir
- Reservees do not inherit from the reservoir but from the prepositus, of
whom the reservees are the heirs mortis causa subject to the condition
that they must survive the reservoir.
- Theories
1.
a. Reserva Integral = divided equally without any discrimination
b. Delayed Intestacy Theory = inherit by virtue of intestate
succession; qualifications of the reservees reckoned at the
time of death of the reservoir
2. Applicable when prepositus executes a will instituting his
ascendant as his heir; one-half of the estate passes to the
ascendant by operation of law as legitime and the other by will
of the descendant
a. Reserva minima = NOT the opposite of maxima; theory of
pro-ration/allocation; legitime shall come both from the
reservable and non-reservable property (ratio)
o E.g.
E=150k Potentially reservable=90k Non-reservable=60k
90k = 75k as legitime (half of estate), 15k as free
disposal

Camille Sapnu Succession 17

 60k = all as free disposal
b. Reserve maxima = maximize the reservable character of the
property; all of the legitime shall be taken up from the
potentially reservable property
o Mison prefers this theory since it is more aligned with
the purpose of reserve troncal
o E.g.
E= 150k Legitime=75k Free portion=75k
75k legitime = 3 parts reservable (45k), 2 parts non-
reservable
75k free portion = 3 parts reservable (45k), 2 parts non-
reservable

III. Legitime
a. LC/LD = ½ divided equally

b. LC/LD and SS
LC = ½
SS = equal to share of one child (free portion)

c. 1 LC/LD and SS
1 LC/LD = ½
SS = ¼ (free portion)

d. LC and IC
LC = ½
IC = ½ of share of a LC

e. LC, IC and SS
LC = ½
IC = ½ share of a LC
SS = equal to share of a LC (share of LC reduced if necessary)

f. 1 LC, IC and SS
LC = ½
IC = ½ share of a LC
SS = ¼ (share of LC reduced if necessary)

g. LP/LD alone = ½

h. LP and IC
LP/LA = ½
IC = ¼ (free portion)

i. LP/LA and SS
LP/LA = ½
SS = ¼ (free portion)

Camille Sapnu Succession 18

 j. LP, IC and SS
LP/LA = ½
IC = ¼ (free portion)
SS = 1/8 (free portion)
Remaining 1/8 = free disposal

k. SS alone = ½
If in articulo mortis and died within three months from time of
marriage
NOT cohabiting for more than 5 yrs = 1/3
Cohabiting for more than 5 yrs = 1/8

l. SS and IC
SS = 1/3
IC = 1/3
Remaining 1/3 = free disposal

m. SS and IP
SS = ¼
IP = ¼

n. IC alone = ½

o. IP alone = ½

- Rights of IC transmit to descendants regardless of filiation; rights of LC

transmit ONLY to LD

IV. Formula
Gross value of property at time of death (FMV)
Less: Debts and charges (Pre-existing debts)

Net Hereditary Estate

Add: Collationable donations (FMV at time of donation)

Theoretical Net Hereditary Estate

- Donations inter vivos > Preferred Legacies/Devices

o Donations inter vivos = most recent is reduced/removed

V. Reduction [remedy whenever a legacy/devise or even an institution

impairs the full amount of the legitime]
- Reduction if there are compulsory heirs
1. Pay legitimes
2. Honor donations not inofficious
3. Pay the preferred legacies and devices
4. Pay other legacies/devices
- Payment if there are NO compulsory heirs

Camille Sapnu Succession 19

 1. Remuneratory legacies and devices
2. Preferred legacies and devises
3. Legacies for support
4. Legacies for education
5. Legacies for specific things
6. Other legacies and devises
- Real property subject to reduction cannot be conveniently divided
o Reduction does NOT absorb ½ of the value = devisee
Otherwise = compulsory heirs
Either case = reimburse each other in cash for what respectively
belongs to them
o Both devisee and compulsory heir = retain entire property
provided its value does not exceed the disposable portion and of
his legitime
- E.g.
E:100k
Will sole disposition of legacy in favor of friend F; left A(LC) and B(IC)
Distribution: A=50k legitime, B=25k legitime (taken from free
portion), F=25k legacy

VI. Collation
- Donation to compulsory heirs = chargeable to legitimes and if
inofficious, to the free disposal
Donation to stranger = free disposal
- Expressly declared as non-collationable = chargeable to the free
disposal
- Purpose = protect the legitimes and equalize shares
- Mathematical process = imaginary addition or fictitious reunion of the
donations inter vivos with the properties left at the time of death;
accounting procedure
- Actual reduction/abatement = actual reduction or bringing back of the
donations inter vivos to the hereditary estate; if found to be
inofficious, subject to reduction or abatement
o Donation = real alienation which conveys ownership upon its
acceptance
- What is brought to collation is the value of the property NOT the
property itself
- Steps:
1. Determine legitime and determine whether or not the donations
are inofficious.
2. Impute donations to compulsory heirs against respective legitimes.
3. Impute donations to strangers to the free portion.
4. Impute donations to compulsory heirs in excess of their legitime.
- Grandchildren (who survive with their uncles, aunts or cousins) inherit
from their grandparents in representation of their father/mother =
bring to collation all their parents would have obliged to bring, even
though such grandchildren have not inherited the property

Camille Sapnu Succession 20

 - Subsequent increase or deterioration and even their total loss or
destruction shall be for the benefit/account and risk of the donee
- Examples:
1. Net Estate=120M LC(A,B,C) SS(W) Donations (S=80M in 2001,
G=30M in 1998, A=40M in 1996)
i. Theoretical estate = 120 +150(total donations) = 270
ii. Strict legitime =270/2 = 135/3
iii. Free portion = 135M
a. Deduct legitimes of other compulsory heirs (W)
135 – 45 = 90
b. Impute donations to compulsory heirs against
respective legitimes
40M to A
c. Impute donations to strangers to free portion
110M
iv. Free disposal = 90M
a. Since not all donations can be paid out, the most
recent donation has to suffer a reduction
b. Deficit between the free disposal and the total amount
of donations
110 – 90 = 20M
c. The value of the donation to S will have to be reduced
from 80M to 60M
Heir/Donee Legitime Free Disposal Donation Total
A 5 40 45
B 45 45
C 45 45
W 45 45
S 60 60
G 30 30
140 0 130 270

2. E=20M LC(A,B,C) Donations (X=8M in 1998, A=6M in 2001, M=4M

in 2003, N=2M in 2005)
Heir/Donee Legitime Free Disposal Donation Total
A (0) 1.25 6 1.25 + 6
B 5 1.25 6.25
C 5 1.25 6.25
D 5 1.25 6.25
X 8 8
M 4 4
N 2 2
Total 15 (20) 5 15 40M

VII. Disinheritance
- Requisites:
1. Will = formally valid

Camille Sapnu Succession 21

 2. Cause = stated in the will
3. Cause = provided by law
4. Proof that such ground exists
- Ineffective disinheritance:
1. Without a cause (e.g. I disinherit X)
2. Cause is not proven
3. Cause stated is not one of those provided by law (e.g. I disinherit
X since he sold my house without my permission)
o Effect = restored to successional rights but as respect to
legitime
- Causes for disinheritance
LC/LD LP/LA Spouse
Guilty of an attempt against Same Same
the life of the testator,
spouse, descendants or
ascendants
Accused testator of a crime Same Same
for which the law prescribes
imprisonment for 6 yrs or
more, if accusation is found
groundless
By fraud, violence, Same Same
intimidation, or undue
influence causes the
testator to make a will or to
change one already made
Refusal without justifiable Child/descendant Children or the other
reason to support the spouse
parent/ascendant who
disinherits
Convicted of Same Given cause for legal
adultery/concubinage with separation
the spouse of the testator
Maltreatment by word or Abandoned their Given grounds for the
deed children, or induced loss of parental
to live a corrupt or authority
immoral life, or
attempted against
their virtue
Leads a dishonorable or Loss of parental
disgraceful life authority
Conviction of a crime which Attempt by one of the
carries with it the penalty of parents against the
civil interdiction life of the other
UNLESS there has
been a reconciliation
among them
o Attempt against the life = conviction by final judgment

Camille Sapnu Succession 22

 ▪ Principal factor to consider is the intention = no intention
but only negligence or imprudence then NO disinheritance
▪ Includes grandchildren
▪ Includes all different stages of commission (attempted,
frustrated and consummated)
▪ Principal, accomplice or accessory
▪ Aggravating or mitigating circumstances shall NOT affect
BUT presence of justifying or exempting circumstance shall
render the disinheritance ineffective
o False accusation = includes concocting a deliberate lie and filing
information in court, testifying against the testator, and refusal
to give testimony which is favorable to the testator
▪ Acquittal is based on failure to establish guilt beyond
reasonable doubt, or based on insufficiency of evidence, or
based on an exempting or justifying circumstance = no
false/malicious accusation
o Adultery/concubinage = conviction need NOT occur at the time
of execution of the will BUT should have been committed at time
of execution of the will
▪ Case dismissed or heir was acquitted = ineffective
disinheritance
o Unjust refusal to support
1. There must be an obligation to support
i. Spouse
ii. Descendants in the nearest degree
iii. Ascendants in the nearest degree
iv. Brothers and sisters
2. Need for support on the part of the person to be supported
3. Sufficient resources on part of the person obligated to
support
▪ Even if such conditions are present, support can still be
denied for grounds such as excessive cruelty or
abandonment during minority
o Maltreatment = should NOT be based on an isolated incident of
maltreatment
o Dishonorable or disgraceful life = ultimately depends on the
eyes of the testator no matter how whimsical or irrational
o Civil interdiction = accessory penalty of reclusion perpetua or
higher
o Abandonment = not necessarily equated to criminal
abandonment; complete neglect of parental obligations
o Loss of parental authority = must arise due to the fault of the
parent
▪ Grounds for suspension that may be made permanent by
the court if the degree of seriousness so warrants OR the
welfare of the child so demands:
1. Treats with excessive harshness or cruelty
2. Gives corrupting order, counsel or example

Camille Sapnu Succession 23

 3. Compels to beg
4. Subjects or allows to be subjected to acts of
lasciviousness
▪ Subjected or allowed to be subjected to sexual abuse =
court shall permanently deprive parental authority
o Grounds for legal separation
1. Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child
of the petitioner;
2. Physical violence or moral pressure to compel the petitioner
to change religious or political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or
inducement;
4. Final judgment sentencing the respondent to imprisonment
of more than six years, even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the
petitioner; or
10.Abandonment of petitioner by respondent without
justifiable cause for more than one year.
o Reconciliation = restitution of mutual feelings and the
resumption of normal life as it was before the offense took place
▪ Pardon must refer to the person disinherited and
specifically the acts causing the disinheritance
▪ Can be express or tacit

VIII. Legacies and Devices

- Legacy = movable/personal
Devise = immovable/real
Lost or estate has Legacy Devise
none
Generic Deliver neither inferior or VOID (deemed
superior revoked)
E: heir bound to deliver - Difference =
is liable when warranty difficulty in procuring
involved is eviction (since real property which is
the heir is the one who neither inferior or
chooses which property superior in quality
to give; therefore must
observe GF in selection)
Specific Deemed revoked
- Liability of persons required to pay the legacies/devices

Camille Sapnu Succession 24

 a. Compulsory = free portion
b. Voluntary/legatee/devisee = amount received
- Testator charges one of the heirs with a legacy/devise, he alone shall
be bound. If does not charge anyone in particular, all shall be liable in
proportion.
o Example:
E=300M LC(A,B,C): A=1/2, B=1/3, C=1/6 Friend X=60M legacy
Legitime Amount from free portion Subject to
legacy
A =150 50 150 – 50 =100M Yes
B = 100 50 100 – 50 = 50 Yes
C = 50 50 50 – 50 = 0 No
A = 50 + (100 – 40) = 110M
B = 50 + (50 – 20) = 80M
C = 50M
X = 60M
- Ownership issues (time of execution)
a. Owned by testator = VALID
o Only a part/interest = limited to such UNLESS testator
expressly declares that he gives the thing in entirety
b. Owned by legatee/devisee
o GR: Ineffective even though subsequently alienated
E: Alienated then acquired by onerous title (demand
reimbursement from heir/estate)
o Only a part/interest
GR: Ineffective
E: Express order but limited to such extent
E to the E: Testator expressly declares that he gives the
thing in entirety
c. Owned by third person
o With erroneous belief = INVALID; attended by mistake
o Without = VALID (disposition interpreted as an order to
acquire such thing to be delivered)
- Order to acquire = must acquire UNLESS the owner refuses or
demands an excessive price (liable for the just value [FMV or the price
the buyer is willing to buy and that the seller is willing to sell])
o No need for express order; mere disposition is enough
- Legacy of Credit = right to collect
o Types:
Specific Generic
Particularized in the will Universal assignment of
credits covering those in
existence at time of
execution of the will
Amount still outstanding at At time of execution NOT
time of death of testator subsequent ones UNLESS
testator provides otherwise

Camille Sapnu Succession 25

 - Legacy of Remission = obligation is condoned
Legacy of Credit Legacy of Remission
Parties Three parties: Two parties:
1. Testator-creditor 1. Testator-creditor
2. Debtor 2. Legatee-debtor
3. Legatee
Obliged to pay Yes No
Acquired right Demand payment Freed from obligation

- Revocation of legacy of credit/remission by implication = action

against the debtor even if payment have not been effected at time of
his death
o Demand letter is enough
1. Law did not use the term legal action
2. Demand letter can be construed as action against the
debtor
3. Rationale for revocation is triggered by any positive act
on the part of the testator to enforce his debt
- Legacy/devise to creditor = NOT applied to his credit UNLESS testator
expressly declared (in such case, creditor can collect excess of the
credit/legacy/devise)
- Alternative legacies/devices = executor has right of choice (in
alternative obligations, right of choice is given to obligor) UNLESS
provided otherwise
1. Fulfillment of one/some of the prestations = sufficient to
discharge the obligation
2. If choice is given to recipient and he does not exercise such
right, it shall fall on executor/person charged to give to the sub-
legacy/devisee
3. Communicate within a reasonable period of time
4. Exercised with reason
5. Unavailable choice = do NOT choose
6. Deliver something available
7. If ALL objects are lost = no longer effective (loss of all the
alternatives extinguishes the obligation
▪ Upon exercise of choice, the legacy is converted to a simple one
PROVIDED communicated to other party; operative act is the
notice
- Fruits and interests
a. Specific = entitled but NOT income which was due and unpaid
before the testator’s death (belongs to estate since income was
transferred only upon death)
b. Generic = NOT entitled UNLESS by express provision in will
- Specific
o Risk of loss = legatee/devisee bears risk of loss and
deterioration from moment of testator’s death
▪ Since possession is suspended until probate and
distribution = executor shall be liable to the

Camille Sapnu Succession 26

 legatee/devisee in case the executor is at fault/negligent
in causing such loss or deterioration
o Improvements = legatee/devisee acquires right to such since he
is the owner
- Payment without compulsory heirs and estate cannot accommodate all
legacies/devices
1. Remuneratory legacies and devices
2. Preferred legacies and devises
3. Legacies for support
4. Legacies for education
5. Legacies for specific things
6. Other legacies and devises
- Revocation by Implication of Specific Legacy/Device
1. Transform/ademption in such a manner that it does not retain
either the form or the denomination
2. Alienation UNLESS reacquired through right of repurchase
3. Totally lost during lifetime of testator or after death without the
heir’s fault BUT person obliged shall be liable for eviction if the
thing should not have been determinate as to its kind

IX. General Provisions on Intestate Succession

- Cases of intestacy
1. Without a will
2. With a void will
3. With a will that subsequently lost its validity
4. Will does not institute an heir
5. Institution is void
6. Will does not dispose of all the property
7. Suspensive condition attached to the institution of the heir does
not happen or is not fulfilled
8. Heir predeceases the testator
9. Heir repudiates the inheritance
10.Heir is incapacitated
11.Expiration of the term/period if the institution is in diem or
resolutory
12.Happening of a resolutory condition
13.Non-compliance or impossibility of complying with the will
14.Preterition
- Fundamental Rules
1. Rule of Proximity = nearer excludes the farther
o Based on theory that the testator have more affection for those
nearer to him than those farther
o Exceptions:
1. Does NOT affect rights of compulsory heirs
2. All relatives nearest in degree collectively repudiate = rule of
proximity will move to the next generation
3. Rule of Representation > Rule of Proximity

Camille Sapnu Succession 27

 4. Does NOT apply in cases when the relatives within the same
degree are found in different lines (i.e. paternal and
maternal)
2. Rule of Equal Division = same degree/rank and inherit from one
and same person shall inherit in same amounts
o Failure to make a will to create preferences leads to the
conclusion that testator prefers to have estate distributed
equally
o Exceptions:
1. Share of grandparents who survive in stead of parents =
although second degree
2. Half-siblings receive half of share of full-blood siblings
3. Representative receive share of represented

Order of Intestate Succession

X. Right of Representation
- Right created by fiction of law
- By virtue of which the representative is raised to the place and degree
of the person represented
- Acquires the rights which the person represented would have if he was
living or if he could have inherited
- Attempts to soften the impact of the rule of proximity and the rule of
exclusion
- Rationale of the article = intent of the law for the property of the
decedent to go down his lineage; relatives cannot be made to suffer
the misfortune or wrongdoing of their ancestor
- Testamentary Succession and Intestate Succession
Testamentary Intestate
Available in Available in
1. Disinheritance 1. Incapacity
2. Incapacity 2. Predecease
3. Predecease
Covers only the legitime Full intestate share
Available only to the descendants Also extends to nephews and
nieces provided they should
survive with another uncle/aunt
- Reason for the difference in testate and intestate = representative
may only demand what the person represented could have received by
law
- Characteristics:
1. Right of subrogation = not subrogation alone
o The more remote relatives are elevated to the rank of the
nearer relative
o While subrogation is a form of novation, the right of
representation is not
o There is novation to the extent of substitution of the
heirs; the representative in lieu of the person represented

Camille Sapnu Succession 28

 2. Exception to the rule of proximity
3. Statutory concession
- Representative is liable for the debt of the person from whom the
person represented would have inherited NOT for the debts for the
person represented
- Representative succeeds the one whom person represented would
have succeeded; NOT the person represented
- Limitations:
a. Direct ascending line = Art. 992
b. Collateral line = Arts. 1006 and 992
1. Representatives must be nephews and nieces
2. Full-blood = double share of half-blood
3. Illegitimate collaterals = subject to Art. 992
4. Exercise right of representation only in intestacy since
collaterals are NOT compulsory heirs
- IL = I/L succeed
L = ONLY L suceed
- Adopted child = L only between adopter and adoptee
- Representative = must be capable of succeeding the decedent (alive
OR at least conceived)
- Per stirpes = as a group
Per capita = per head
- Person may represent him whose inheritance he has renounced =
representative does not succeed the person represented but only takes
his place
- No right of representation in repudiation = voluntarily renounced; not
due to a provision of the law

XI. Art. 992

- Presumed antagonism and incompatibility between the L and IL family
o The IC is disgracefully looked down upon the L family and the
family in turn is hated by the IC
o The IC considers the privileged condition of the L family
o The L family sees in the IC nothing but a product of sin, palpable
evidence of blemish in life

XII. State in Intestacy Proceedings

- Soc-Gen/his representative, in behalf of the Philippines, shall file a
case for escheat proceedings in the province
a. Residence OR
b. Where he had an estate (if no residence)
- Assignment (municipality or city)
a. Had a residence
o Real property = where situated
o Personal = last resided
b. No residence = where the same is located
- For the benefit of public schools and public charitable institutions and
centers

Camille Sapnu Succession 29

 - Courts shall distribute the estate as the needs of the beneficiaries may
warrant
- The court, motu proprio or at the instance of an interested party, may
order the establishment of a permanent trust so that only the income
shall be used
- Person legally entitled to the estate = file a claim within 5 yrs from
possession of the state
a. Entitled to possession
b. Proceeds as may not have been lawfully spent

XIII. Right of Accretion

- Elements: (UPRAN)
1. Unity of object = may be the entire estate
2. Plurality of persons
3. Repudiation, Incapacity, or Predecease = no predecease in
intestate
o Testate = right of accretion available ONLY when right of
representation is NOT available
o Disinheritance = the testator deliberately did NOT call the
disinherited heir to succeed
4. Acceptance
5. No earmarking = earmarking is the physical designation of
shares of the heirs (e.g. first floor belongs to X)
o Money/fungible goods
GR: Considered pro-indiviso
E: Earmarked
- Heirs = accrue shares in the same proportion they inherit
Examples:
o E: 90M X,Y,Z. Z predeceases the testator.
Heir Devise Accretion Total
X 30k 15k
Y 30k 15k
o E: 65k
Gives A=15k, B=20k, C=30k. A predeceases
Heir Devise Accretion Total
B 20k 6k 26k
C 30k 9k 39k
o E:120k 3 brothers A,B & C
A predeceased but is survived by LC X. B is incapacitated by is
survived by 2 LC Y and Z. C repudiated.
Heir Representative Right of Accretion Total
Representation
(2:1:1)
A X 40k 20k 60k
B Y 20k 10k 30k
Z 20k 10k 30k
C

Camille Sapnu Succession 30

 o E:210k instituted 4 voluntary heirs: A ½, B ¼, C 1/8, D 1/8
Heir Share Ratio Accretion Institution Total
A ½ or 4 15k 105,000 120k
4/8
B ¼ or 2 7,500 52,500 60k
2/8
C 1/8 1 3,750 26,250 30k
o E:300k A & B=legitimate children; FR=friend equally inherit
B predeceases and is survived by X and Y who are his legitimate
children.
Heir Institution Representation Accretion Total
A 100k 5k 105k
X (B) 37,500 37,500
Y (B) 37,500 37,500
F 37,500 20k 120k

Testamentary Succession Intestate

Legitime Free Portion Succession
Predecease 1. R 1. A 1. A
2. IS 2. IS 2. IS
Incapacity Same Same
Disinheritance Same - -
Repudiation IS A A

XIV. Incapacity to Succeed

- Capacity to succeed = sum total of all the qualifications of a person
that makes such fit to inherit from a particular person
o Requisites:
1. Living or at least conceived at time of death of decedent
▪ Fetus is considered born if it is alive at the time it is
completely delivered from the womb
▪ Intra-uterine life of less than 7 months = must be
alive for 24 hrs after its complete delivery
2. NOT incapacitated by law to succeed
- Types of incapacity
1. Absolute = can never inherit from anybody (e.g. unborn,
associations/corp not authorized by law)
2. Relative = only from certain persons/properties
a. Undue influence
b. Public policy and morality
c. Unworthiness
- Undue influence = ONLY in testamentary dispositions; conclusive
presumption; NOT applicable to legitime

Camille Sapnu Succession 31

 1. Priest who heard the confession/minister of the gospel who
extended spiritual aid during last illness
o Last illness = possibility of death
2. Relatives within the fourth degree, church, order, chapter,
community, organization or institution to which such
priest/minister may belong
3. Guardian = before approval of the final accounts of guardianship
(even if testator died after approval) UNLESS S, D, A, BS
o Final accounts = accounting process that terminated the
financial responsibility and authority of the guardian over
the ward
4. Any attesting witness to the execution of the will, the S, P, C or
any one claiming under such witness, S, P, C
o Art. 823 = affects the validity of the will; testamentary
dispositions are void ONLY as to them
Art. 1023 = capacity to succeed; does NOT affect validity
5. Any physician, surgeon, nurse, health officer, or druggist who
took care of the testator during his last illness
o Took care = religiously and diligently attended to the
medical needs of the deceased in a manner that undue
influence may have been present
6. Individuals, associations and corporations NOT permitted by law
to inherit = futile since no law disqualifies an entity to inherit
- Public policy and morality
1. Guilty of adultery/concubinage at time of donation = action may
be brought by the spouse of the donor/donee; guilt may be
proved by preponderance of evidence
o Does NOT apply to live-in partners since the
disqualification presuppose an adulterous relationship or
one that partakes the nature of concubinage
o Does NOT criminalize what laymen call “fornication”
2. Guilty of same criminal offense, in consideration thereof
3. Made to a public officer, S, D, A by reason of his office
- Unworthiness
1. Parents who abandoned their children, or induced their
daughters to leas a corrupt or immoral life, or attempted against
their virtue
2. Attempt against the life of the testator, S, D, A
3. Groundless accusation of a crime which the law prescribes
imprisonment for 6 yrs or more
4. Heir of full age having knowledge of the violent death, failed to
report within a month UNLESS authorities have already taken
action = does NOT apply when there is no obligation to make an
accusation
5. Convicted of adultery or concubinage with S
6. FVIU cause to make or change
7. Prevents from making or revoking, or who supplants, conceals,
or alters (SCA)

Camille Sapnu Succession 32

 8. Falsifies or forges a will
#s 2,3,5 = final judgment
- Prayers and pious works
1. Disposition is for prayers AND pious works for the soul of the
testator
2. Disposition is in general terms and does not specify any
application
o ½ Church where the testator belongs = for prayers for the soul
½ State = for pious works such as for the benefit of public
schools, and public charitable institutions and centers (in
accordance to Art. 1013)
- Disposition to the Poor = in general without designation of particular
persons or community
o GR: Poor living in the domicile of the testator at time of his
death
E: Clearly appear that his intention was otherwise
o Designation and distribution (also apply when disposition is in
favor of the poor of a definite locality)
a. Appointed person
b. Executor
c. Vote of MTC judge, mayor, and municipal treasurer
In ALL cases = approval of RTC
- Condonation = requires acceptance
a. Express = comply with the forms of donation
b. Implied = had knowledge but nevertheless proceeded with
making a will in favor of such heir
- Incapacitated heir
o Alienations and acts of administration BEFORE judicial order of
exclusion = VALID as to 3rd parties in GF; but incapacitated heir
shall pay damages to other heirs
o Right to demand indemnity for expenses in the preservation and
to enforce credits against the estate = expenses PRIOR to
knowledge or judicial order of incapacity
o Obliged to return together with accessions; liable for fruits and
rents received and could have through due diligence
o Prescriptive pd = 5 yrs from possession (any party with interest)

XV. Acceptance and Repudiation of Inheritance

- Acceptance and repudiation = entail transmission of ownership rights
o Acceptance = decedent to heir
Repudiation = heir to co-heirs
o Hence, must be made knowingly, voluntarily and intelligently
- When to accept/repudiate = when a person interested in the estate is
certain of death of the decedent and certain of his rights
o Certain of death = death certificate
Certain of rights = judicial order of heirship/public document
indicating relationship with the decedent
- Persons who can accept or repudiate

Camille Sapnu Succession 33

 o GR: Any person having the free disposal of his property (i.e.
anyone without restriction as to dispose of his property)
E:
Heir By Whom Conditions
Minors/Incapacitated Parents/Guardians Repudiation =
judicial approval
Poor Designated persons
Rule in Art. 1030
Corporations, Lawful Acceptance = BoD
associations, and representatives authority
entities Repudiate =
authority + court
approval
Government Concerned public Government
officials approval
Deaf-mutes Can read/write = Repudiate
personally or agent (guardians) =
Cannot = guardians judicial approval
- Acceptance
o Types:
1. Express = private/public document
2. Implied = conduct is implied as an:
a. Intention to accept
b. Assertion of rights as an heir
▪ Art. 1050:
1. Sells, donates or assigns to a stranger/co-
heir/any of them
2. Renounces in favor of one/more co-heirs =
even gratuitously
3. Renounces in favor of all co-heirs
indiscriminately
• Price = deemed as accepted
• Gratuitous AND portion renounced
devolve by virtue of accretion =
deemed NOT as acceptance
▪ Acceptance by default = Within 30 days from court
order of distribution, failed to accept/repudiate,
then deemed as accepted
• To minimize administrative complexities in
the distribution of the estate
- Repudiation
o ONLY express = public document/formal petition in court having
jurisdiction over the testamentary/intestate proceedings
▪ Why only express? Transfer of ownership
o Creditor’s participation = in case repudiation affects his right,
the creditor may petition the court to authorize him to accept it
in the name of the heir

Camille Sapnu Succession 34

 ▪ Benefit only to the extent sufficient to cover the amount
of their credits
▪ Excess = accrue to co-heirs
o Partial repudiation = person both testamentary and intestate
heir at the same time repudiates
▪ As a testamentary heir = repudiation covers both share
▪ As intestate without knowledge that he is a testamentary
heir = may still accept as testamentary heir
- Heir should die without having accepted/repudiated = right shall be
transmitted to his heirs
- GR: Irrevocable
E:
1. Vitiated consent
2. New will appears that revokes/modifies the old will

XVI. Executors and Administrators

- Executor = appointed by testator
Admin = court-appointed
o Artificial person = can serve as administrators but NOT as
guardian of a ward
- Prohibited to be executor/admin:
1. Minor
2. Not a resident of the Philippines
3. In the opinion of the court, unfit to execute duties by reason of
a. Drunkenness
b. Improvidence
c. Want of understanding/integrity
d. Conviction of an offense involving moral turpitude
- Administration
o When is it proper?
1. No executor named in the will
2. Executor/s = incompetent
3. Executor/s = refuse the trust
4. Executor/s = fails to give a bond
5. Person dies intestate
o Order of preference
1. Surviving spouse
2. Next of kin (or both 1 & 2 in the court’s discretion)
3. Person requested to be appointed by the surviving
spouse/next of kin
4. Principal creditor/s = if competent and willing to serve
a. 1-3 = incompetent/unwilling
b. Spouse/next of kin neglects to apply for
admin/request that administration be granted to
some other person (within 30 days after death)
5. Person selected by the court
o Who may petition letter of admin? Interested person must show
1. Jurisdictional facts

Camille Sapnu Succession 35

 2. Names, ages and residences of the heirs
3. Names and residences of creditors of decedent
4. Probable value and character of the property of the estate
5. Name of the person for whom letters of administration are
prayed
o Opposition = may oppose issuance on the following grounds
1. Incompetency of person for whom the letters are prayed
therein
2. Contestant’s own right to the administration
o Special administrator = in case of delay in granting of letters
testamentary/admin
▪ Take possession and charge of the rights, estate
▪ Preserve
▪ Commence and maintain suits
▪ Sell only by court order
▪ Not liable to pay debts UNLESS ordered by court
- Executor and admin = required to post a bond to ensure that he will
perform duties and responsibilities
o Inventory = within 3 months
o Administer; pay and discharge all debts, legacies, and charges
on the same or such dividends thereon
o Account of his administration
o Perform all orders

XVII. Partition
- Separation, division and assignment of a thing held in common among
those to whom it may belong
- Thing itself may be divided or its value
- Extra-judicial = no will and no debt
- Who may demand partition?
1. Heirs
o E: Decedent restricted partition (max: 20 yrs)
▪ Codal: apply to legitime
Mison: does NOT apply to legitime
o E to E:
1. Any of the causes for partnership takes place
2. Court order = upon petition of one of the co-heirs;
compelling reason
o Voluntary heirs imposed with condition = CANNOT
demand
▪ Other co-heirs may demand = sufficient security
for the rights of the former
▪ Provisional = until known that condition has not
been fulfilled OR can never be complied with
3. Creditors
4. Decedent
a. Inter vivos = must respect the legitimes
▪ Family business = can pay legitimes in cash

Camille Sapnu Succession 36

 b. Mortis causa = by will
- Mandatary = person delegated with the power to partition the estate
with proper notice to the co-heirs, legatees and devisees
- Every act which is intended to put end to indivision = partition
(although it may be a sale, exchange, compromise or any other
transaction)
- Guidelines for partition = principle of equality and fairness
o Indivisible
a. Adjudicated to one = he shall pay the others the excess in
cash
b. Public auction = if any of the heirs should demand
o Reimburse one another
1. Income and fruits
2. Useful and necessary expenses
3. Damage through malice/neglect
o Sale to stranger = reimburse the buyer the price of sale within 1
month from written notice of sale (notice given by the seller)
o Delivery of title
a. One with the largest interest
b. Same interest = oldest
- Reciprocal warranties
o Heirs are reciprocally bound to warrant
1. Title
2. Quality
o Proportionate to the respective hereditary shares
▪ Insolvent = other co-heirs are liable for his share
proportionally to their shares (minus the share of the
insolvent heir)
• One who paid for the insolvent heir = right of
reimbursement should the financial condition of the
heir improve
• Credit as collectible = warranty of solvency only
during the 5 years following the partition;
insolvency at time of partition NOT subsequently
• Bad debts = NOT warranted by co-heirs if so known
and accepted by the distribute
❖ NOT assigned to a co-heir and should be
collected (whole/part) = distributed
proportionately among the heirs
o Action to enforce = within 10 yrs from the date the right of
action accrues
o Cease in the following cases:
1. Testator made the partition
E: intention was otherwise BUT legitime always
unimpaired
2. Express stipulation in the agreement
E: BF

Camille Sapnu Succession 37

 3. Eviction is due to a cause subsequent to partition OR fault
of distributee of the property
- Annulment
o Annulment = same causes as contracts which includes when an
heir receives less than 25% of value at time of adjudication
1. Wards and absentees = suffer lesion by more than ¼ of
the value
2. In fraud of creditors = when they cannot collect the
claims due to them
3. Under litigation, if without knowledge and approval of
litigants or competent judicial authority
4. Specially declared by law to be subject to rescission
o Partition by testator
GR: CANNOT be impugned
E:
1. Legitime is prejudiced
2. Intention was otherwise
o Prescriptive pd = 4 yrs from time of partition
o Heir who is sued = options:
a. Indemnification
a. Cash
b. Delivery of thing of same kind and quality
b. New partition = shall NOT affect those who are not
prejudiced or not received more than their just share
o Alienation despite lesion = heir loses right to rescind BUT can
demand for cash indemnity against co-heirs for deficiency
o Partition made with preterition
GR: NOT rescinded
E: BF/Fraud
o Partition by mistake
▪ Mistaken belief that included person is an heir
▪ Partition = remains VALID
Provisions in favor of such person = VOID

Camille Sapnu Succession 38