Perez,Shana Alexandra P.

Succession Mon-Tue (6:30-9:00/8:00-9:00)

REPUBLIC ACT NO. 7170

January 7,1992
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A
HUMAN BODY AFTER DEATH FOR SPECIFIED PURPOSES

The demand for organ transplant has been high nowadays because of terminal
illnesses and hopeless cases wherein the patient does not respond to surgeries or medicines
anymore. Republic Act 7170 or An Act Authorizing the Legacy or Donation of All or Part of a
Human Body After Death for Specified Purposes is all about the required procedures allowed
by law for donating the organs of a dead person. This is the answer to the flooding of ethical
issues and considerations in this procedure.
In relation to the Law on Succession, under Section 3 of this act, the person who may
execute a legacy must be an individual at least eighteen years of age and of sound mind
which is the same with the qualifications in testamentary succession. The persons who may
execute a donation are 1) Spouse;2) Son or daughter of legal age;3) Either parent;4) Brother
or sister of legal age; or 5) Guardian over the person of the decedent at the time of his death.
The order of priority must be followed and there must be no opposition from the immediate
family. In order to become legatees and donees, it must be strictly for medical and educational
purposes. Like in Succession, the legacy takes effect after the death of the decedent.
The general rule is that all wills may it be notarial or holographic must be admitted in
order to take effect, This is strict compliance in accordance with Art. 838. Which states that
“No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court”.RA. 7170 is an exception to this rule as emphasized
under Section 8, The legacy becomes effective upon the death of the testator without the
need to wait for the probate of the will and probate proceedings. If the will is not probated, or
if it is declared invalid for testamentary purposes it will remain valid and effective as long it
was executed in good faith. The legacy may be made other than a will, The document, which
may be a card or any paper designed to be carried on a person, must be signed by the testator
in the presence of two witnesses who must sign the document in his presence.
Lastly, in the Amendment or Revocation of Legacy or Donation it can be made through
1) The execution and delivery to the legatee or done; An oral statement to that effect made
in the presence of two witnessed; A statement to that effect during a terminal illness or injury
addressed to an attending physician and communicated to the legatee or donee; or4) A
signed card or document to that effect found on the person or effects of the testator or donor.
Aside from the ones enumerated above, It can also be amended or revoked in the manner
provided for amendment or revocation of wills. Hence it is very essential to be able to be
familiarized with the similarities and differences of this Act and the law on succession.