Succession Notes

SUCCESSION capacity (NHA case, remember “NEXT
Midterms PERSON” ruling).
CHAPTER 1 – GENERAL PROVISIONS Analysis

Is the rationale in Limjoco applicable to NHA vs. Almeida?
ART. 774
Sebastian: No. Obligation of Margarita was indeed fulfilled not
Art. 774. Succession is a mode of acquisition by virtue of which by her estate, but personally by Francisca. At no time there was
the property, rights and obligations to the extent of the value of risk of loss due to the death or risk of miscarriage of justice
the inheritance, of a person are transmitted through his death to resulting from possibility of exercising such legal rights and
another or others either by his will or by operation of law. fulfilling legal obligations of Margarita that survived her death.
DISTINCTION BETWEEN INHERITANCE AND SUCCESSION Under Art. 776 and 777, at no point the inheritance is without an
Succession is a mode of acquisition; the inheritance is its object. owner; at no point the estate is the owner. Nowhere in Art. 44
does the law confers juridical personality on the estate (only to
ELEMENTS OF SUCCESSION State, corporations either public or private).
1. Mode of acquisition
• Statutory basis for ownership SUMMARY OF RULINGS
• Other modes are by occupation, intellectual Billings recognized estate as juridical entity only to limited
creation, law, donation, contracts, tradition extent; NHA expanded to the extent of interest of original owner,
and prescription (Art. 712) same should go the estate plus the NEXT PERSON ruling.
• Either original or derivative
3. The object of succession is the inheritance
2. Transmission of an inheritance • Inheritance includes his properties and
• Juridical capacity is inherent and is lost only transmissible rights and obligations
through death.
• Without succession, assets will be res nullius a. Future property vs. future inheritance
and obligations will be without an obligor. • Future property – does not own at present but
which may acquire in the future; may be
a. Transmission of property object of a contract; may be disposed by
• Heirs acquire title from moment of death. testator in his will under Art. 793.
• Acquisition is one thing; right to possession is • Future inheritance – may not be subject of a
another. contract (Art. 1347). RATIO: possibility that
party may be tempted to instigate the death of
b. Transmission of rights the other in order that the inheritance will
• Includes rights which are NOT extinguished become his; fraud may likely occur; right to
by death. make a will would then be subordinated to the
• However, not all rights are transmissible such right to enter into a contract.
as right to hold public office, usufructuary,
those arising from civil personality or family b. Contracts involving future inheritance
relations. • Defined as contingent universality or complex
• EXCLUDED: (1) purely personal, (2) by of property, rights and obligations that are
nature are intransmissible and (2) prohibited passed to the heirs upon the death of the
by law or by stipulation. grantor.
c. Transmission of obligations Observations/reservations in vda. De Cabalu ruling

• Succession transfers not only rights but also
obligations. 1. The heir of Faustina who executed the Extrajudicial
• Heirs inherit obligations of decedent. Ratio: Partition were here nephews and nieces who were not
payment from estate is ultimately PAYMENT her “forced heirs.”
MADE BY THE HEIRS because the amount 2. Benjamin was expressly assigned the 9,000 sqm under
of payment diminishes the shares that the the will. Assuming intestate, there is no right of
heirs would have otherwise been entitled to representation since Domingo is four degrees remote
receive. from Faustina.
3. READ AGAIN.
d. Transmission to the Heirs through Estate 4. Since will was not probated, property cannot pass to
• Before distribution, certain procedures must Benj and then to Domingo only after the will has been
be completed. During such time, inheritance probated when a partition may be made in accordance
should go to the estate. therewith.
• The estate of the decedent is a JURIDICAL 5. Domingo and his mother were co-heir upon death of
PERSON and thus possess with juridical Benj. Thus, as co-heir, they may alienate their
undivided interest.
CASTILLO, Roman George P. | DLSU College of Law 1

6. Domingo did not become the owner upon the contractual succession since in effect, what
extrajudicial partition in 1994. Concept of succession was made is a will.
as confused with partition. Death transmits ownership
of inheritance; adjudication of specific shares under a 5. Succession is governed by the will or by law
deed of extrajudicial partition DOES NOT. a. Testamentary – left a will;
7. Concept on future inheritance: b. Intestate – w/o will, void, subsequently lost validity
a. Succession has not been opened – erroneous or totally inoperative;
to infer that until the will is probated, c. Mixed – decedent executed a valid will which did
succession has not yet been opened. not or could not completely disposed the
Probated has nothing to do with succession. inheritance.
Probate proceedings involves determination
of (1) capacity; (2) formalities; (3) CLASSIFICATION OF SUCCESSION:
identification of will as that of testator; and (4) a. Effectivity – inter vivos or mortis cause
freely and voluntarily executed. b. Existence of a will – testamentary, intestate or mixed
b. Object forms part of inheritance – READ. c. Transferees – compulsory (heirs) or voluntary (for free
c. Promisor has, with respect to the object, an portion)
expectancy of a right which is purely d. Extent – universal (entire estate) or particular (specific)
hereditary in nature – when Domingo sold the
property in 1975, his right was not a mere Art. 775, 782
inchoate. Domingo had inherited at least a
part of it from his father Benj. Error to Art. 775. In this Title, "decedent" is the general term applied to
conclude that in the 1975 sale, the property the person whose property is transmitted through succession,
was merely inchoate. whether or not he left a will. If he left a will, he is also called the
8. Not simulated. Neither absolute (not bound at all) nor testator.
relative (concealment of true agreement). Falsification
is one thing, simulation is another. Even if simulated, Art. 782. An heir is a person called to the succession either by
assuming relative, can still be enforced. the provision of a will or by operation of law.
4. Death triggers succession Devisees and legatees are persons to whom gifts of real and
• Hereditary succession cannot occur during personal property are respectively given by virtue of a will.
lifetime
• Death may be actual or presumed. DEFINITIONS
• Presumptions of death: • Heir – person called to the succession in the testator’s
o Absence of 7 years for all purposes will.
XPT succession. • Legatee – receives movable property specifically
o Absence of 10 years – for purposes identified.
of opening succession. • Devisee – receives immovable property specifically
o Absence of 5 years - if 75 y.o. upon identified.
disappearance. (Art. 390)
o Absence of 4 years – lost during sea IMPORTANCE OF DISTINCTION
voyage, missing airplane, armed a. Art. 854. Preterition annuls the institution of heirs, but
forces at war, danger of death under the legacies and devises which are not inofficious
other circumstances. (Art. 391) remain valid (so long as not to impair legitime).
b. Art. 918. Disinheritance annuls the institution of heirs
a. Succession inter vivos (during lifetime) insofar as it prejudices the invalidly disinherited heir,
• Arises during annulment or declaration of but the devises and legacies shall be valid to the extent
nullity of marriage. Payment of legitime of that they do not impair the legitime.
children is succession inter vivos.
In sum, preference is given to legatees and devisees over the
b. Contractual succession instituted heirs. Instituted heirs are not given specific property,
• Gratuitous disposition of future property they are given fractional parts.
mortis causa made by one future spouse to
the other in an ante-nuptial agreement. Art. 776, 781
• Art. 84 of FC: future spouses are permitted to
donate PRESENT property to each other in Art. 776. The inheritance includes all the property, rights and
their ante-nuptial contract. obligations of a person which are not extinguished by his death.
• Art. 84 of FC does not include FUTURE
property. Valid if (1) the donation mortis causa Art. 781. The inheritance of a person includes not only the
shall be governed by testamentary property and the transmissible rights and obligations existing at
succession and (2) must comply with the time of his death, but also those which have accrued thereto
formalities of a will. THUS, FC disallowed since the opening of the succession.

THE INHERITANCE • Heir does not become automatically
stockholder of the corporation.
INCLUSIONS • In transfer of ownership of shares of stocks,
• Properties partition, distribution and registration on the
• Transmissible rights and obligations which are not transfer books are required before the heir
extinguished by death (Art. 781). can exercise right pertaining to the shares.
• Accruals – do not actually form part of the hereditary
estate, liable for the payment of the outstanding Comment on Reyes
obligations of the decedent (Art. 781). • No law requires succession to be declared.
• Right of an heir to inherit arises from death of decedent,
EXCLUSIONS although the RIGHT TO SPECIFIC DISTRIBUTIVE
• Subject to fideicommissary substitutions – SHARE is inchoate.
simultaneous institution of two heirs to the same • Process of liquidating the estate does not reduce the
inheritance. Upon death of testator, first heir receives successional rights of the heir to a mere expectancy.
the inheritance, burdened to preserve and transmit to • Not only liquid assets will pay the debts. That a
second heir. Upon death of first heir, pass to second decedent left no cash or liquid asses does not mean
heir. DO NOT FORM PART OF FIRST HEIR’S succession will not take place or that heirs will not
INHERITANCE. inherit anything at all.
• Subject of reserve truncal –
• Subject matter of valid aleatory contracts – pooling 5. Disposal of hereditary share after death of the
of resources in a joint investment and stipulates that decedent
the survivor shall take absolute title to the entirety upon • There is no legal bar to a successor (with
death of one. requisite contracting capacity) to dispose
hereditary SHARE immediately after death,
Note: Heirs cannot assail the validity of the survivorship even actual extent of share is yet to be
agreement except insofar as it prejudiced their legitime. Such determined (aleatory character, still valid).
agreement is no in form of a gratuitous conveyance, and thus
except from donor’s or estate tax.
6. Sale of an undivided share of the inheritance
Art. 777 • An heir can sell his rights, interest, or
participation in the property under
Art. 777. The rights to the succession are transmitted from the administration.
moment of the death of the decedent. • However, heir can only alienate such portion
of the estate after final adjudication.
The rights to succession are transmitted from the moment of the • Thus, heir can only sell his ideal or undivided
death of the decedent. share in the estate, NOT any specific property
therein.
CONSEQUENCES OF ART. 777
7. Court approval for disposition of hereditary estate
1. Death, the defining moment – when the heirs acquire • Court approval is required in any disposition
definite right to the inheritance (pure or contingent). • However, it cannot adversely affect the
substantive rights of heirs to dispose of their
2. Distribution subject to the existence of residual pro indiviso shares.
estate – right to SPECIFIC DISTRIBUTIVE SHARES • Thus, heirs can sell rights, interest or
does not become finally determinable until all debts are participation in property under administration.
paid. Until then, rights are INCHOATE and cannot be
enforced. 8. Co-ownership during period of indivision
• when estate remains undivided, co-owners
3. Automatic transmission of the hereditary estate each have full ownership of their respective
• GR: Formal declaration of successional rights undivided shares and may alienate, assign or
needs confirmation. mortgage them.
• GR: Pending proceedings for settlement, • The sale will be valid only with respect to the
heirs have no right to commence an action aliquot share of the selling co-owner.
arising out of the rights belonging to the • The sale is subject to the results of the
deceased. partition.
• XPT: If the administrator or executor fails or
refuses to protect the rights of the heirs, the Art. 778, 779, 780
heirs may take action in place of the
administrator or executor. Art. 778. Succession may be:
(1) Testamentary;
4. Recognition of ownership by reason of succession (2) Legal or intestate; or
• Not self-executory.

(3) Mixed.
Art. 779. Testamentary succession is that which results from the

designation of an heir, made in a will executed in the form
prescribed by law.
Art. 780. Mixed succession is that effected partly by will and

partly by operation of law.
TYPES OF SUCCESSION
1. Testamentary
• With valid and operative will
• Both extrinsically (formalities) and intrinsically
(substantive) valid.
• Testator controls to a certain degree the
distribution of his estate.
2. Intestate
• Without a valid and operative will.
• Distribution is controlled by law.
3. Mixed
• Executed a valid will but failed to distributed
its entirety; or
• Sole provision of the will relates to
appointment of administrator, payment of
debts or acknowledgement of illegitimate
child, etc.; or
• If any beneficiaries are incapable to accept or
enter into the inheritance.
TESTACY IS PREFERRED OVER INTESTACY.

CHAPTER 2 – TESTAMENTARY SUCCESSION o Disinheritance of compulsory heir – YES,
indirect adjudication of property.
SECTION 1 - WILLS
Art. 784
Art. 783
Art. 784. The making of a will is a strictly personal act; it cannot
Art. 783. A will is an act whereby a person is permitted, with the be left in whole or in part of the discretion of a third person, or
formalities prescribed by law, to control to a certain degree the accomplished through the instrumentality of an agent or
disposition of this estate, to take effect after his death. attorney.
CHARACTERISTICS OF A WILL Making of a will is strictly personal act.
1. Statutory right – not natural, conferred by law WHEN TESTAMENTARY IN CHARACTER?

2. Unilateral act – consent of beneficiaries is NOT When it answers:
necessary and NOT appropriate. a. Who will inherit; and
3. Formal act – compliance with formalities (Art. 804-806 b. What or how much will be inherited.
for notarial, 810 for holographic).
4. Personal act – cannot be left to the discretion of third Example: Seangio case – “kasulatan ng pag-asli ng mana”
person. Mechanical act of drafting and finalizing is
different. Art. 785, 786
5. Effective mortis causa – effective upon testator’s
death except for presumptive legitime of children of Art. 785. The duration or efficacy of the designation of heirs,
annulled or void marraiges. devisees or legatees, or the determination of the portions which
6. Essentially ambulatory – revocable any time after they are to take, when referred to by name, cannot be left to the
death, unless becomes insane. discretion of a third person.
7. Free act – includes acknowledgement that will is free
and voluntary act and deed. Otherwise, denied in Art. 786. The testator may entrust to a third person the
probate. distribution of specific property or sums of money that he may
leave in general to specified classes or causes, and also the
LIMITATIONS ON THE POWER TO CONTROL designation of the persons, institutions or establishments to
which such property or sums are to be given or applied.
1. Legitime – part of the testator’s property which he
cannot dispose of because the law has reserved it for STRICTLY PERSONAL ACT
certain heirs who are, therefore, called compulsory If the heirs, legatees or devisees are identified in the will by
heirs. Deprivation may only be made through name, the testator is prohibited from delegating to third person
disinheritance. the determination of:
2. Reservable property – see book. a. Duration of designation;
3. Mistress – public policy prohibits. b. Efficacy;
4. Fideicommissary substitution – first and second heir c. Portions or property.
must be related to each other within the first degree of
consanguinity. Otherwise, void. DISTINCTION
5. Condition not to marry – void and deemed not • Exercise of testamentary discretion – NON-
written. Not to marry second marriage is valid if DELEGABLE
imposed only on the widow/widower by the deceased • Implementation of a testamentary disposition -
spouse or by latter’s ascendants or descendants. DELEGABLE
6. Dispocicion Captatoria – condition that heir shall
make some provision in his will in favor of testator or CLASS INSTITUTION
any other person is VOID. Prohibition in Art. 785 does not apply. A testator may entrust to
7. Dispositions in favor of incapacitated persons – a third person the distribution of the property that he left by will
Void. Art. 1027 and 1028. Priests, doctors, corporation to such class or cause (ex. poor in general, Art. 1030).
prohibited to inherit, etc.
Art. 787
NECESSITY OF CONVEYANCE OF PROPERTY
Art. 787. The testator may not make a testamentary disposition
• A will must convey property. Otherwise, it is not a will. in such manner that another person has to determine whether
• Essential element: disposition of property over which or not it is to be operative.
testator has some degree of control.
• Probate is indispensable in order that a will may pass PROHIBITED DELEGATION
property. A testator is absolutely prohibited from delegating to a person
• If only disposition is: the discretion to determine whether or not a testamentary
o Recognition of illegit child – NO. disposition will be operative.

Art. 789 PROPERTY ACQUIRED AFTER MAKING OF A WILL
Art. 789. When there is an imperfect description, or when no Disposition of future property
person or property exactly answers the description, mistakes Permit a testator to dispose the property which he may acquire
and omissions must be corrected, if the error appears from the after the making of a will without having to execute a new will or
context of the will or from extrinsic evidence, excluding the oral amend, as though the newly acquired property were owned by
declarations of the testator as to his intention; and when an him at the time he wrote the will.
uncertainty arises upon the face of the will, as to the application
of any of its provisions, the testator's intention is to be Different from Art. 781
ascertained from the words of the will, taking into consideration Art. 781 relates to accruals to inheritance after the death.
the circumstances under which it was made, excluding such oral Accruals belong to the heir by right of accession, subject to
declarations. payment of testator’s debts.
DEFECTIVE TESTAMENTARY DISPOSITIONS Even without provision on future property, may

a. Imperfect description of a property; nonetheless pass in case of:
b. Imperfect description of a person; Republished will – properties at time of republication.
c. Uncertainty on the face of the will on the application of
its provisions (ex. ambiguity). Art. 794
CLASSIFICATION OF DEFECTS DEVISE OR LEGACY

a. Patent – apparent (ex. SOME of my brothers);
b. Latent – non-apparent from reading of a will (ex. Give General rule
to friend Joe. After death, there are 2 friends named Presumed to convey the entirety of testator’s interest in the
Joe). specific property.
REMEDIAL MEASURES Exceptions

1. Use intrinsic data – examine the will in its entirety. Testator may grant less of greater interest. In case of greater
2. Extrinsic date – when the will does not provide relevant interest, it could be a directive that the third party’s interest be
information. Includes testimonial and documentary acquired so that all may be given to the beneficiary.
evidences, except oral declarations of the testator.
3. If still not cured, then, void. Art. 795
Art. 788 RULES AS TO FORMAL REQUIREMENTS
Art. 788. If a testamentary disposition admits of different Choice of law as to place of execution
interpretations, in case of doubt, that interpretation by which the
disposition is to be operative shall be preferred. Filipino testator
a. Philippine law;
The testator’s will is the supreme law of succession. b. Law of country in which they are executed;
c. Any forms established by law of the country in which
Art. 790 he may be.
Art. 790. The words of a will are to be taken in their ordinary and Resident and non-resident alien testator
grammatical sense, unless a clear intention to use them in a. Law of country in which they are executed
another sense can be gathered, and that other can be b. Law of place where he resides
ascertained.
Choice of law as to substantive validity
Technical words in a will are to be taken in their technical sense,
unless the context clearly indicates a contrary intention, or As to time
unless it satisfactorily appears that he was unacquainted with Law in force at the time of death (Art. 777)
such technical sense.
As to place
Art. 791 Regulated by national law of the person whose succession is
under consideration, regardless of country where said property
Art. 791. The words of a will are to receive an interpretation may be found.
which will give to every expression some effect, rather than one
which will render any of the expressions inoperative; and of two
modes of interpreting a will, that is to be preferred which will SUBSECTION 2 – TESTAMENTARY CAPACITY AND
prevent intestacy. INTENT
Art. 793 Art. 796, 797, 798

ELEMENTS OF TESTAMENTARY CAPACITY To close the door on bad faith and fraud, to avoid substitution of
1. Natural person wills and testaments, and to guarantee their truth and
2. At least 18 at time of execution (Art. 797) authenticity (Lee vs. Tambago).
3. Sound mind at time of execution (Art. 798)
4. Not expressly prohibited by law (Art. 796) A probate court is limited to an examination of the written
instrument and the testimony of witnesses in the determination
A will executed by testator on the eve of his eighteenth is void. of the genuineness and authenticity of a will.
Age of majority.
FORMAL REQUSITIES OF A NOTARIAL WILL
Capacity to act
Power of a person to perform an act with legal effect. NOT an 1. Must be in writing
element of testamentary capacity because deaf-mute, civil
interdiction can execute a valid will. Handwritten, typewritten or printed. To evidence compliance
with formalities and to avoid reliance on the frail memory of man.
Art. 799
2. Written in a language or dialect known to the
SOUNDNESS OF MIND testator
Sufficient that at time of making of a will, he knows the:
1. Nature of the estate to be disposed of (composition of To ensure that testator is able to understand the contents of his
the properties); will. Protection against fraud.
2. The proper objects of his bounty (appreciation of
personal relationship); and See cases.
3. The character of the testamentary act (conscious on
the effect). 3. The testator must sign at the end of the will
Art. 799 shall not be construed as the measurement of a PURPOSE

person’s sanity. In order to indicate the logical end, or end of testamentary
dispositions. Thus, to prevent insertion of unauthorized
Art. 800 dispositions.
PRESUMPTION OF SANITY ADDITIONAL TD AFTER THE SIGNATURE

Prima facie, rebuttable. • If by testator or authorized person – statutory
requirement is breached, entire will is VOID.
EXCEPTIONS TO PRESUMPTION • If it was forger or unauthorized person –
1. One month or less before execution of the will, testator disregarded, will is not impaired. Testator should not be
was publicly known to be insane. disenfranchised for the wrongdoing of an unauthorized
2. Prior judicial declaration of testator’s insanity, unless person.
set aside prior to execution of will;
3. Prior judicial appointment of a guardian by reason of BOTTOM SIGNATURE DOES NOT APPLY TO WITNESSES
having been found to be insane. Witnesses may affix their subscribing signatures elsewhere in
the will, provided such signatures were in fact affixed on each
Art. 801 page of will – meant to identify the pages of the will and prevent
substitution/insertion.
SUPERVENING INCAPACITY
Does not invalidate a will. Capacity is determined at time of SUFFICIENCY OF CUSTOMARY SIGNATURE OF
execution. TESTATOR
a. Thumbmark would also be sufficient to execute a will
In the same way, testator who did not possess capacity at time (Lopez vs. Liboro).
of execution, the gaining of capacity after will NOT validate the b. Cross allegedly affixed was insufficient, absent
will. showing that the cross represented his usual signature
(Garcia vs. Lacuesta).
Art. 802, 803
FACSIMILE SIGNATURE NOT ACCEPTABLE
MARRIED WOMAN Exact copy or reproduction of an original signature – unmitigated
Retains the power to dispose by will both her paraphernal risk of unauthorized stamping.
properties and her share in the ACP.
REQUISITES FOR THIRD PERSON SIGNING ON BEHALF
SUBSECTION 3 – FORMS OF WILLS OF THE TESTATOR
a. Express directive of testator;
Art. 804, 805, 806 b. Third person writes the name of testator and not his
own name;
PURPOSE OF FORMALITIES

c. In the presence of testator and of each instrumental 7. Each page of will must be numbered correlatively
witnesses.
Purpose: to safeguard against possible insertion or suppression.
4. Must be attested and subscribed by three credible Pagination facilitates discovery of missing pages and extra
witnesses pages inserted in the will.
ATTESTING VS. SUBSCRIBING Liberal interpretation:
Attestation a. Location of the page is not material so long as there is

Witnessing the testator’s execution of a will in order to see and pagination;
take not mentally the things done which the statute requires; that b. Need not be in letters, may be in Arabic numerals;
signature exists as a fact. c. If first page is not numbered – will not invalidate the will.
Subscription 8. The will must contain an attestation clause

Signing for purpose of identification of such paper as part of the
will. Separate memorandum of certain facts or actions taken during
the execution of the will. Independent confirmation of facts by
In sum, attestation confirms compliance with procedural witnesses. Testator is not required to sign. Attestation clause
requirements, while subscribing identifies the authentic certifies three things:
pages of the will.
a. Number of pages used upon which the will is written;
EFFECT OF MISSING SIGNATURE b. Testator signed the will or caused another to write his
Art. 705 requires that witnesses sign on evert page, except the name, by his express direction and in his presence and
last, on the left margin. in the presence of the witnesses;
a. If a witness through oversight failed to sign 1/5 of c. That testator and witnesses signed the will in the
pages, but otherwise signed all the pages of a duplicate presence of one another.
original, formal defect is cured (Icasiano vs. Icasiano).
In sum, two functions of the witnesses are to attests (1)
CREDIBLE WITNESSES genuineness of testator’s signature; and (2) due execution of the
Credible means worthy of belief, based on circumstances and will.
background.
WHEN ATTESTATION CLAUSE FAILS TO STATE THE
COMPENTENT WITNESSES NUMBER OF PAGES
Determined by law. Art. 820 enumerate qualifications, Art. 821 Not fatal. Will may be admitted if actual number of pages of will
for disqualifications. is readily discernible from the will and one need not adduce
extrinsic evidence to establish the fact. In Taboada vs. Rosal,
5. Testator and witnesses must sign in the presence acknowledgment says “consists of 2 pages, including this page.”
of one another
ERROR IN INDICATING THE ACTUAL NUMBER OF PAGES
Witnesses must see the testator and witnesses’ signatures. To Not fatal in Samaniego-Celada vs. Abena (2008), AC says 3
prevent insertion and suppression of pages. pages, will consists only 2. Belief that will is the whole instrument
of 3 pages, inclusive of AC and acknowledgment.
Note: Binoculars example – void because the witness cannot
see what’s really going on and what is really being signed. Fatal in Lopez vs. Lopez (2012), AC failed to state number of
pages. Acknowledgment says 7 pages inclusive of AC and NA.
Nera vs. Rimando there were actually 8 pages, inclusive of NA. Probate
It is enough that the testator, by casting his eyes in the right disallowed.
direction, should be able to see, without any obstruction, the
signing of the will. AC FAILS TO STATE THE NUMBER OF WITNESSES
Not fatal. In Abaja vs. Abaja, will shows 4 signatures: Abaja’s
6. Testator and witnesses must sign on the left and three other persons. Conclusion: there are 3 witnesses.
margin of each page
AC FAILS TO STATE THE TERSTATOR’S NAME WAS
These are subscribing signatures which are meant to identify WRITTEN BY A THIRD PERSON
each page of the will as forming parts thereof. Fatal.
• Location of subscribing signature NOT material, for as ATTESTING WITNESSES DID NOT SIGN AT BOTTOM OF AC
long as subscribing signatures are complete (Taboada Fatal. Court is divided, ruled that witnesses’ signatures must be
vs. Rosal). affixed at the bottom of the AC. If signed elsewhere, void, and
• As long as purpose is achieved: fully satisfies the so is the will (Cagro vs. Cagro).
purpose of identification, prevent substitution of pages.

Dissenting: Law on wills does not provide that attesting witness Requirements
should sign at the bottom. a. Attempt in good faith to perform, without any willful or
intentional departure;
FATALLY DEFECTIVE AC b. Slight deviation;
Azuela vs. CA – failed to state the number of pages, AC not c. Omission is technical or unimportant;
signed by witnesses on the bottom part, NOT acknowledge d. Omission must not pervade the whole or be so material
before the notary public. that the object which the parties intended to accomplish
in a particular manner is not attained.
CONFLICTING TESTIMONIES OF WITNESSES
See Vda de Ramos vs. CA Importance of double reading cannot be underestimated.
9. The will must be acknowledged before a notary Alvarado vs. Gaviola

public The reading of the will to testator by the lawyer who drafted, with
simultaneous silent reading of the same by witnesses and the
DEFINITION NP constituted substantial compliance, where the purpose of the
Acknowledgment – act of one who has executed a deed in going law is satisfied.
before some competent officer and declaring it to be his act or
deed. Art. 809
ACKNOWLEDGMENT MUST BE MADE BY TESTATOR AND LIBERAL INTERPRETATION - REQUISITES

WITNESSES a. There is a defect and imperfections in the form or
Absence of one is fatal. Acknowledged by testator but not by language of the attestation clause;
witnesses is ground for denial of probate (Garcia vs. b. Good faith;
Gatchalian). c. Substantial compliance under Art. 805;
DISQUALIFICATIONS OF NOTARY PUBLIC • Why apply only to AC? Because the same is an act of
Outside of territorial jurisdiction. Acknowledge in QC, NP is instrumental witnesses which shall not prejudice the
commissioned in Caloocan. Fatal (Guerrero vs. Bihis). testator.
• Does not apply to holographic will.
NP MUST NOT BE AN INSTRUMENTAL WITNESS
Cruz vs. Villasor: cannot be avow, assent or admit his having Vda. De Gil vs. Vda. De Murciano
signed the will in front of himself. Absurd. Effect: there would Will was reconstituted, missed out the phrase “have been signed
only be two witness, thus, fatal. by the testator.” The omission made the clause senseless which
could not have been the intent. Court applied such words to
Art. 807 complete the sense. Substantial compliance.
WHEN TESTATOR IS DEAF, DEAF MUTE Caneda vs. CA

He must personally read, if able to do so; Otherwise, he shall Does not state that witness subscribed in the presence of the
designate two persons to read it to him, some practicable testator and of one another. No substantial compliance.
manner, the contents.
Art. 810
Rationale: To ensure that testator understand the contents, to
compensate or make up for the disability of the testator. HOLOGRAPHIC WILL
Contents of the will must be kept secret during testator’s lifetime.
• Applies only t notarial because of testator’s illiteracy,
the will cannot be holographic. Advantages
• Testator is free to select any two persons. a. Simplicity – without need of assistance of a lawyer;
b. Utmost secrecy of its execution
Art. 808
Disadvantages
WHEN TESTATOR IS BLIND a. Susceptive to forgery;
Will shall be read to him twice; once by one of subscribing b. No assurance that testator executed it freely.
witnesses, other by NP before whom the will is acknowledged.
REQUISITES
• Only time when NP is required to participate in the a. Entirely written;
execution of the will.
• Additional protection to the testator. Only proof is the handwriting.
• Applies to ILLITERATE TESTATOR who is not deaf or
deaf-mute. General rule: If not entirely written, void.
Exceptions: such portion is NOT essential or NOT a
SUBSTANTIAL COMPLIANCE testamentary disposition.

Ex. Admission of liability – NOT TD. In notarial, an addition to TD by T is void; in holographic, an
addition to TD by T is valid if signed, dated and written.
b. Dated Otherwise, just disregarded, the whole will is not void.
NOTES Art. 813

• Presumed the true date of execution.
• Disputable. LAST DISPOSITION SIGNED AND DATED
• Date determine two things: Validates all dispositions preceding it.
i. Testamentary capacity;
ii. Law applicable to formal validity Art. 814
INCOMPLETE DATE INSERTION, CANCELLATION, ERASURES OR

Need not be complete calendar day (Ex. Christmas 2010, ALTERATION
Typhoon Ondoy). As long as determinable. Must be authenticated by T’s full signature. Customary signature
is sufficient. Absurd to require full to such when customary is
Roxas vs. De Jesus sufficient in the execution of a will.
“Feb./61” – valid date.
UNAUTHENTICATED ALTERATION
DATE IS EMBODIED IN THE WILL When there are alterations without signature – it will not
Indicated in the second page of disposition – valid (Labrador vs. invalidate the whole will. Only those with alteration without
CA). signature are voided. (Kalaw vs. Relova).
c. Signed Art. 813 and 814 do not form part of formal requisites of a
valid will. Breach of Art. 813, 814 does not nullify a will; it
Art. 811 only voids a particular testamentary disposition.
During probate, the inquiry is limited to the ff:
PROVING THE AUTHENTICITY OF A HOLOGRAPHIC WILL a. Testamentary capacity;
b. Formal validity;
General rule: At least one who knows the handwriting and c. Identification of the will as that of the testator; and
signature. d. Testator freely executed it.
Exceptions: if contested, at least 3 witnesses. Art. 815, 816, 817

Conflict rules pertaining to the formal validity of a will.
Absence of witnesses and when court deems it necessary:
Expert testimony Vda. De Perez vs. Tolete
Evidences necessary for the reprobate or allowance of wills
• Not enough that witness is familiar, what is required is which have been probated outside the Philippines:
knowledge a. Due execution of will in accordance with foreign laws;
• Court is not precluded from requiring presentation of b. T has his domicile in the foreign country, not PH;
expert testimony if it is not convinced that required c. Will has been admitted to probate in such country;
quantum of evidence was met. d. Foreign tribunal is a probate court;
e. Laws of foreign country on procedure/allowance of
Azaola vs. Singson wills.
3-witness rule is directive. Compliance may be impossible as
there might be no available witness acquainted with testator’s Art. 818
hand.
JOINT WILLS
Codoy vs. Calugay Testamentary dispositions contained in a single instrument
3-witness rule is mandatory. The law used the word “shall.” made jointly by two or more testators. Refers to both owned in
common and separately owned.
Comments
If 3 witness rule is mandatory, what would be the value of resort POLICY STATEMENT
to expert testimony. It will be rendered meaningless. Joint wills are prohibited by law because of the opportunity they
create for one of the joint testators to unduly influence the other.
Art. 812
See case.
DISPOSITION WRITTEN BELOW SIGNATURE
Must be dated and signed to be valid. Art. 819
Notarial vs. Holographic JOINT WILLS EXECUTED BY FILIPINOS IN A FOREIGN

COUNTRY

Not valid in PH. Exception to the doctrine of lex loci celebrationis.
Cannot be probated here, even if validly probated in a foreign RATIO
country. Motivation to admit probate at all cost. Temptation to give
perjured testimony is mitigated. Why them? Natural affection.
SUBSECTION 4 – WITNESSES TO WILLS NATURE OF PROHIBITION

Voids the testamentary disposition in their favor. Thus, by
Art. 820 agreeing to be an attesting witness to a notarial will, a person
understands that neither he nor his family can receive any
QUALIFICATIONS OF A WITNESS IN A NOTARIAL WILL economic benefit under the will.
a. Sound mind – to fully appreciate and understand the
formalities; EXCEPTION
b. At least 18 years old – tend to assure the maturity of If there are three other competent witnesses to such will.
witness to fully appreciate the formalities;
c. Not blind, deaf or dumb, and able to read and write COMPLUSORY HEIR AS WITNESS
– must be present and SEE the testator and other Nullification should not extend to legitime, limited to disposition
witnesses sign the will in his presence, intellectual that exceeded the legitime.
fitness.
CREDITOR AS WITNESS
COMPETENCE VS. CREDIBILITY Also prohibited under Art. 823, but not precluded from collecting
Competence may have to be proved if challenged, based on Art. his credit from the estate of testator.
820 qualifications and Art. 821 for disqualifications. On the other
hand, credibility is presumed, and no need to present evidence PERSONS CLAIMING UNDER THE WITNESS, SPOUSE,
(Gonzales vs. CA). DESCENDANTS OR ASCENDANTS
Nullity extends to any person claiming under any of them. The
Art. 821 creditor cannot petition to court to accept the legacy or devise in
the name of such witness. The creditor cannot derivatively make
DISQUALIFICATIONS a claim on the legacy/devise which is void as to primary
a. Not domiciled in PH – to ensure that when called beneficiary.
upon, they can without much difficulty appear in court;
b. Convicted of falsification of document, perjury or Art. 824
false testimony – dishonesty. Grounds are exclusive.
CHARGE BY CREDITOR ON THE ESTATE
Exceptions: The domiciliary requirement should be deemed A mere charge on the estate for payment of debts due at time of
fulfilled if on probate, the witness, while a non-domiciliary, is testator’s death does not prevent his creditors from being a
physically present in court and ready to testify. competent witness to his will. Creditor does not seek to obtain a
gift from the testator. Recovery of claim is not a gift.
NOTE: Filandering is breach of trust; NOT BREACH OF
HONESTY.
SUBSECTION 5 – CODICILS AND INCORPORATION BY
Art. 822 REFERENCE
SUBSEQUENT INCAPACITY Art. 825

Competence of witness is material at time of execution of will
because it is at that time where witness is to take mental note of TWO DISNTINCT FUNCTIONS OF A CODICIL
the procedures. a. May add to, explain or modify a provision of an
antecedent will; and
Law does not require continuing qualification because it will be b. May revoke an antecedent will.
unjust to the testator – beyond his control.
Preservation of the antecedent will under both cases is
Art. 823 important, as there is a possibility that the codicil may be denied
probate.
PERSONS PROHIBITED FROM OBTAINING BENEFIT
UNDER A NOTARIAL WILL Codicil may not be necessary in holographic will.
Voids any economic benefit given by testator in his notarial will
to certain persons, the ff: Art. 826
a. Attesting witness;
b. His or her spouse; FORMALITIES OF A CODICIL
c. His or her parents; A codicil is either notarial (Arts. 804-808) or holographic (Art.
d. His or her child or children; 810).
e. Anyone claiming under such witness, spouse, parent
or child.

Note: Law does not prohibit a notarial will from being modified
by a holographic codicil. Neither does the law prohibit a Formal validity of the revoked will and revoking will or codicil is
holographic will from being modified by a notarial will. From essential. If prior will is defective, thus, void, it cannot be revoked
perspective of formal validity, the will and codicil shall be because there is nothing to revoke.
evaluated separately.
DOCTRINE OF DEPENDENT RELATIVE REVOCATION
Art. 827 If the subsequent revoking will or codicil is formally defective and
thus void, it cannot revoke a prior valid will.
ATTACHMENT TO A WILL
Does not do away with reproduction. The documents become CONDITIONAL REVOCATION
integral parts of the will. Valid.
REQUISITES EXPRESS AND IMPLIED REVOCATION

a. Document referred to must be existing at time of • Express when accomplished through a clause;
execution of the will – otherwise, no incorporation; • Implied when there is irreconcilable inconsistency
b. Clearly identify and describe the same (number of between the provisions of two formally valid wills.
pages, among others);
c. Identified by clear and satisfactory proof as the REQUISITES
document or paper referred – presentation as evidence 1. T possesses testamentary capacity at time of
plus testimony; execution of revoking will;
d. Signed by T and Ws on each and every page, except 2. Revocation must be definite containing either (a)
in case of voluminous books of account/inventories – revocatory clause or (2) disposition which are
to ensure authenticity and prevent substitution. irreconcilably inconsistent with prior will.
3. Revoking will must be formally valid and admitted to
probate.
SUBSECTION 6 – REVOCATION OF WILLS AND
TESTAMETARY DISPOSITIONS c. By means of overt act
Art. 828 MUST BE CONSISTENT WITH NOTION OF REVOKING A

WILL
WILL IS REVOCABLE ANY TIME BEFORE DEATH Burning, tearing, canceling or obliterating – deliberate
destruction of a will which indicates the testator’s intention
AMBULATORY to get rid of the same.
It does not become final until the death of the testator. Thus, he
may revoke the will, with or without cause, at any time prior to • Could refer to physical destruction or any other act
his death. Provided, T possesses testamentary capacity at time which will render the will ineffective or useless; or which
of revocation. will nullify or invalidate it.
• Obliteration (making the written words illegible) or
PERSONAL ACT cancelation (scissors) – neither results to physical
T cannot enter into agreement whereby he relinquishes in favor destruction.
of third person the right to revoke – void. • Enumeration of acts not exclusive.’
Art. 829 REQUISITES OF REVOCAYION BY OVERT ACT

a. Overt act specified by law or consistent with the notion
CONFLICT RULES ON REVOCATION OF WILLS of revoking a will;
b. T must complete the subjective phase of the overt act
Art. 830 – when in the mind of T, he completed the act, even if
not fully destroyed;
MODES OF REVOKING A WILL c. T must possess testamentary capacity at time of
revocation;
Note: Testator’s power to revoke is not negated by fact that it d. Animus revocandi – proved by circumstantial
was admitted to probate ante mortem. evidences;
e. Executed by T personally, or through third person
a. By implication of law; under his express direction and in the presence of T.
• Needs no affirmative action. PARTIAL REVOCATION BY MEANS OF OVERT ACT

• Automatic. Possible through obliteration. Though authorities argue that it is
• Either total or partial. possible only through implication of law or through a valid will or
• Ex. Partial under Art. 44 and 63 under legal separation, codicil.
annulment of nullity – revokes certain TDs.
PRESUMED REVOCATION
b. By some will, codicil, or other writing;

Need no proof. Revocation of a will can be proved by parole
evidence.
Art. 835, 836
Where a will which cannot be found shown to have been in the
possession of T when last seen, the presumption is, in the FORMS OF REPUBLICATION
absence of other competent evidence, that T canceled or
destroyed the same. Same presumption when T has ready 1. Will is void as to form
access to the will and cannot be found after death.
Mistake is rectified by re-executing the will in accordance with
Art. 831 formalities prescribed at time of republication.
TOTAL OR PARTIAL IMPLIED REVOCATION 2. Will is formally valid but revoked

Cancel only those provisions of prior will which are irreconcilably
inconsistent. Re-writing or re-execution is not necessary. Republished
through a codicil that makes specific reference to the revoked
Art. 832 will.
INOPERATIVE REVOKING WILL REPUBLICATION VS. REVIVAL

A revocation of a prior will takes effect even if the revoking will Republication when revocation is expressed (by reference or re-
be inoperative (different from invalid/void): writing); revival when revocation is implied.
a. Heirs designated cannot inherit; OR
b. Revoking will fails to designate any heir or beneficiary. Art. 837
Art. 833 REVIVAL OF WILLS

Reinstatement of a revoked will by operation of law. Requires no
REVOCATION BASED ON FALSE CAUSE action on the part of T.
False cause – reason which impelled T to revoke a duly
executed will or to make changes to certain dispositions therein. Requisites:
a. First formally valid will;
• Different from cause or consideration b. Executed a second formally valid will whose provision
• Based on vitiated consent are irreconcilably inconsistent with the first;
• Does not apply to revocation through overt act because c. Second will does not expressly revoke the first will;
the reason for revocation could not have been stated, d. T revoked the second will.
thus, there would be no basis to challenge the truth and
falsity of the cause of revocation. First will is automatically revived. Ratio: T never indicated an
express desire to revoke it.
Art. 834
RECOGNITION OF ILLEGIT CHILD IN A REVOKED WILL SUBSECTION 8 – ALLOWANCE AND DISALLOWANCE OF

Revocation of the will shall not result in the nullification of the WILLS
recognition. Ambulatory character does not extend to the
recognition of filiation of an illegitimate child. Art. 838
Illegitimate child may establish their filiation through record of NATURE AND NECESSITY OF PROBATE
birth, admission of filiation in public document (notarial will) or Two phases:
private handwritten instrument (holographic), signed by the a. Probate proper:
parent. i. Testamentary capacity;
ii. Compliance with formal requirements;
RECOGNITION OF ILLEGIT CHLLD IN A WILL DENIED OF iii. Indeed the will of T;
PROBATE iv. Freely and voluntarily executed the same.
Not nullified if such denial for probate is grounded no- b. Partition - examines intrinsic validity of TD
compliance of formalities. The recognition of IC is not a property
disposition whose efficacy is dependent on the admission of the NOTE: Probate is necessary before a will can pass a property.
will to probate.
JURISDICTION OF PROBATE COURT; EFFECT OF
If nullification is grounded on lack of testamentary capacity of JUDGMENT
vices of consent – nullified unless principle of separability
applies. SCOPE OF INQUIRY
• Four specific matters
• Probate order is final and conclusive.
SUBSECTION 7 – REPUBLICATION AND REVIVAL OF
WILLS EXTRINSIC AND INSTRINSIC VALIDITY

Admission of a will to probate does not constitute res judicata
insofar as validity of the provisions is concerned. 4. Undue influence
Art. 839 Form of moral coercion, albeit it does not necessarily involve the
performance of an unjust or unlawful act on the person exerting
Article 839. The will shall be disallowed in any of the following the influence. Under circumstances T could not resist, and which
cases: controlled his volition.
1. If the formalities required by law have not been
complied with; 5. Fraud
2. If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its execution; Deception. Leads someone to error so that he would give his
3. If it was executed through force or under duress, or the consent to execute an act.
influence of fear, or threats;
4. If it was procured by undue and improper pressure and JURISPRUDENCE ON VICES OF CONSENT
influence, on the part of the beneficiary or of some • In order to invalidate a will, the vice of consent must be
other person; and proved. A will cannot be declared void on the basis of
5. If the signature of the testator was procured by fraud; unsubstantiated allegations of intimidation, undue
6. If the testator acted by mistake or did not intend that influence or fraud. Undue influence is not presumed
the instrument he signed should be his will at the time just because beneficiary lived with T (Baltazar vs.
of affixing his signature thereto. Laxa).
• That T lived with the heir does not per se indicate that
See book discussion. the latter had unduly influence the former in the making
of the will (Pascual vs. De La Cruz).
GROUNDS FOR DISALLOWANCE • The allegation that a testator was unduly influence by
a. Failure to comply with formalities (Par. 1) the person with whom he temporarily lived is negated
b. T’s want of testamentary capacity (Par. 2) by the fact that T did not revoke the will when he
c. T’s consent is vitiated (Par. 3, 4, 5 and 6) stepped out of the house of the supposed influencer
(Ozaeta vs. Cuartero).
Note: Grounds are exclusive. • T’s strong affection for a particular person does not
prove that the latter had exerted undue influence on the
VICES OF CONSENT former (Coso vs. Fernandez-Deza).
Requisites of consent are: intelligent, free and spontaneous. • Fact that T was octogenarian and that his wife was 52
Intelligence is vitiated by error; freedom by violence, intimidation years his junior does not establish the fact that wife had
and undue influence; and spontaneity by fraud. defrauded T into signing the will; neither the omission
of relatives from the will.
1. Mistake
Must refer to the substance of the thing which is the subject of SECTION 2 – INSTITUTION OF HEIRS
the contract.
Art. 840
2. Force
INSTITUTION OF HEIRS
In order to wrest consent, serious and irresistible force is T designates in his will person/s who are to succeed him in his
employed. Physical. PROs.
Requisites: TWO MODES OF DISPOSITION

a. Physical force employed must be irresistible and a. Institution of heirs – value only;
leaves T with no alternative; b. Bequests – specific properties
b. T would not have executed the will were it not for the
physical force. INACCURACY OF ART. 840
Instituted heir – all persons including legatees and devisee.
3. Intimidation However, L/Ds not strictly an heir because heirs are entitled to
fractional part of estate.
Compels T to choose between an imminent injury or to execute
a will. DISTINCTION NECESSARY IN CASES OF:
Instituted heir Legatees/devisees
Requisites: Total annulment Valid as long as not
a. Intimidation must have caused the giving of consent; Preterition
inofficious
b. Threatened act is unjust or unlawful; Void Partial or total Valid as long as no
c. Threat must be real and serious; disinheritance annulment impairment of legitime
d. Well-grounded belief that intimidator has the necessary
means or ability to inflict the threatened injury.

Fractional share Specific property 1. Ideally, full name;
Entitlements
in the estate 2. If there are common names, indicate the
circumstances for identification;
Note: L/Ds enjoy preferential right because they are 3. If still cannot be identified:
handpicked. a. Examine the will;
b. If still ambiguous, any evidence except oral
REQUISITES FOR VALID INSTITUTION declaration by T;
a. Extrinsically valid will; c. If still not resolved, no one must speculate the
b. Compliant with substantive law; true intention of T.
c. Free from vices of consent;
d. Personally instituted; Note: Identification is not necessary as long as there is no
e. Clearly identified confusion as to identity.
Art. 841 Art. 846
WILL VALID EVEN IF: WHEN NO SHARES DESIGNATED

• No institution of heir Principle of equality.
• Distribution is incomplete
Ratio: unless T expressly provides preference, law must
REMEDIES TO AVOID INTESTACY assume T’s intent for equal distribution.
Art. 793 suggests general clause covering properties acquired
after execution of the will. • If IH are of different class, Art. 846 is not applicable.
VACANCY IN INHERITANCE COMPUTATION

a. Incapacity
b. Repudiation FIRST APPROACH
Basis
Art. 842 IH refers only to the free portion.
NO COMPULSORY HEIR Effect

Free to dispose but NOT absolute: Final outcome does not produce the equality which is directed.
a. Incapacity to inherit (predeceased unless ther eis right
of representation); SECOND APPROACH
b. TD void (ie. Person attesting execution of will, Basis
fideicommisary); Legitime does not require the segregation from mass of HE
c. Against moral or public policy (nullity, leg sep)
Effect
WITH COMPULSORY HEIR When legitime is impaired, demand that it be fully satisfied.
Must consider the legitime – guaranteed minimum amount of
entitlement. OBJECTIONS ON SECOND APPROACH
• Testator may NOT dispose legitime in its literal
Art. 843 meaning
• Compulsory heir will not receive full benefit of his
FIRST NAME + SURNAME institution – he would nonetheless have been entitled
If same names, circumstance stated determines the identity of even if not instituted
the instituted heir. • Dilutes participation of CH in free portion.
Art. 844 JUSTIFICATIONS OF SECOND APPROACH

• Mandate of testator is followed
ERROR IN NAME • Preterition
No effect if such person can be ascertained. • “Completion of legitime” becomes worthless
Art. 845 Dizon-Rivera vs. Dizon

Ruled in favor of the second approach. T’s wishes/intention is
UNKNOWN PERSON the first and principal law. Second approach faithfully complied
Void. with T’s wishes, and legitime not impaired. “I bequeath” does not
merely refer to properties specific, but relates to partition of the
CLASS OF GROUP whole estate. T can dispose the legitime (minimum guaranteed
Valid. amount).
RULES IN DETERMINATION OF IDENTITY OF INSTITUTED MAJOR RULE: Any disposition must pertain to the whole
HEIR estate.

Effect: Legal succession takes place for the remainder.
Art. 847
Art. 852, 853
COLLECTIVE DESIGNATION INSTITUTION OF SOLE HEIRS
General rule: Individually instituted Group of two or more heirs who are instituted by the testator
Exceptions: T’s intention is contrary either to the entire estate or to a portion thereof to the exclusion
of all others (universality), either:
Ex. A, B and 3 children of C • All are compulsory heirs;
GR: divide by 5 • All are voluntary heirs;
XPT: divide by 3 • Combination of both.
Art. 848 Here, the clear intention is to give the entire estate to the IH. If it
gave less or greater than that of the estate, proportionate
INSTITUTION OF BROTHERS AND SISTERS increase or decrease applies, as the case may be.
General rule: Includes full and half, equally.
Exceptions: T’s intention to the contrary. See book for computation samples.
INTESTATE RULE Art. 854

Brothers and sisters – NOT compulsory heir but are intestate
heirs if T has no ascendants and descendants. Art. 1006 full PRETERITION
blood’s share is 2x the half-blood’s share. If a CH in the direct line is denied a share on the HE because T
excluded him in the will, the omitted heir is entitled to the
TESTATE RULE annulment of the IH under Art. 854 so that he may participate in
Equally. Ratio: did not intend to give preference. the distribution of the HE under rules of intestate succession.
Art. 849 Purpose: To protect the legitime of the CHs.
T CALLS TO SUCCESSION A PERSON AND HIS CHILDREN REQUISITES

Simultaneously, NOT successively.
1. The preterited compulsory heir is TOTALLY
Ratio: Otherwise, it permits T to control subsequent OMITTED;
transmission from grave, which is frowned upon by law.
Succession is a mode of acquisition, once acquired, free to Total omission means three:
dispose. Save for fideicommisary substitution. i. Received nothing from T by donation inter vivos
which law considers as advance of legitime
Art. 850 (collationable donation);
ii. Received nothing from the will because he is
INSTITUTION WITH FALSE CAUSE totally omitted;
Void, if T would not have made such institution had he known iii. Received nothing by way of intestate succession
falsity of the incidental cause. because T disposed the entire estate by will.
False cause relates to the incidental reason, which is different Donation inter vivos
from the true cause which is liberality. • Collationable – advances to legitime, thus, can never
be preterited;
Requisites: • Non-collationable – advances to free portion, thus,
1. incidental cause expressly stated in the will; even if received, may still be preterited.
2. false;
3. appears on the will that had he known it to be false, no Aznar vs. Duncan
institution would have been made. If a CH, whole omitted in the IH, was given a legacy or devise
by T, he cannot claim to have been preterited because he was
Austria vs. Reyes not totally omitted in the inheritance.
Will does not specifically state in a specific manner the cause of
IH. IH has not been legally adopted. 2. The omitted heir is a COMPULSORY HEIR;
Art. 851 Voluntary can never be preterited because they are not entitled
to the legitime.
SOME CAUSES OF PARTIAL INTESTACY
• Instituted only one heir, limited to aliquot part of 3. The omitted heir must be an heir in the DIRECT
the estate LINE;
• Instituted several heirs with aliquot parts, but do
not cover the entire estate CAN BE PRETERITED

• Children of T, whether legit, illegitimate or adopted; and o Limited to the legitime;
ascendants. o Representatives must not be barred to inherit
• Adopted child (Acain vs. IAC) from testator by Art. 992.
• In default of primary CHs, legitimate or illegitimate o Repudiator cannot be represented.
parents and other legitimate ascendants.
• Unborn but conceived child (born for all purpose
favorable to it) SECTION 3 – SUBSTITUTION OF HEIRS
CANNOT BE PRETERITED Art. 857

• Surviving spouse – because not in the direct line.
Remedy is completion of legitime under Art. 906. SUBSTITUTION
Appointment of another heir so that he may enter into the
4. The omitted compulsory heir MUST SURVIVE THE inheritance in default of the heir originally instituted.
TESTATOR
Purpose: To prevent partial intestacy (except in case of
No preterition on right of representation. Remedy is completion fideicommissary)
of legitime under Art. 906.
VACANCY IN INHERITANCE
Note: If the omission is intentional = defective disinheritance a. Predecease;
(Concurring opinion of Melencio-Herrera). b. Incapacity; and
c. Repudiation.
DISINHERITANCE VS. PRETERITION
THREE INTERMEDIATE REMEDIES
Ineffective Disinheritance Preterition a. Substitution of heirs;
Always for a reason. Presumed to be b. Right of representation; and
unintentional (mistake or c. Right of accretion.
oversight).
Annuls the IH insofar as Annuls the IH totally. Substitution is by act of T; while representation and accretion
necessary to give the prevents intestacy without T’s intervention.
legitime of the heir who has
been ineffectively Art. 858
disinherited.
Applies to surviving spouse. Does not apply to surviving TYPES OF SUBSTITUTION
spouse. a. Simple
Heir receives share of the Heir may receive legitime i. Brief – two or more substitutes to one IH.
legitime. and share in DFP. ii. Compendious – one substitutes for two or more
IHs.
iii. Reciprocal – two or more His and each of them is
EFFECTS OF PRETERITION
a substitute for the others in case of default.
Annuls the institution of heirs.
b. Fideicommissary
PRETERITION – AN ISSUE OF SUBSTANTIVE VALIDITY OF
Art. 859
THE WILL
General rule: The question of preterition should not be raised
SIMPLE SUBSTITUTION
during probate proceedings.
Appointment of one or more substitutes to one or more His.
Exception: Nuguid vs. Nuguid – “All to my sister” void.
Preterition is obvious.
GROUNDS FOR SUSBTITUTION
a. Predeceased;
Art. 855
b. Incapacitated;
c. Repudiated.
OMISSION NOT TOTAL
Omitted heir’s legitime taken from undisposed estate. If
A substitution couched in general terms without specifying the
insufficient, proportionate reduction of CH’s shares. NO
cause shall include the three above contingencies. If specific
PRETERITION.
cause is stated, the three contingencies are excluded.
Art. 856
Art. 860
REPRESENTATION IN TESTAMENTARY SUCCESSION
BRIEF AND COMPENDIOUS SUBSTITUTION
• Voluntary heir cannot be represented.
Substitution takes precedence over the right of accretion.
• Compulsory heirs can be represented subject to the
following conditions:
Art. 861
o Available only in the descending line;

RECIPROCAL SUBSTITUTION • While fiduciary and fideicommissary inherit
Bilateral substitution of two or more heirs, legatees or devisees. simultaneously from T, their respective rights to use,
possession and enjoyment of the property is
Art. 862 successive.
• Both are NOT CO-OWNERS.
APPLICABILITY OF CONDITIONS TO THE SUBSTITUTE • If fiduciary predeceases, repudiates or is otherwise
Similar to subrogation in that the substitute is subject ot the incapacitated to inherit from T, the fideicomissary shall
same charges and conditions imposed by T on IH XPT: nonetheless receive the property as an IH. If vice
a. T expressly so provided; versa, fiduciary shall receive the inheritance.
b. Charges and conditions are personal;
c. Cannot be fulfilled by the substitute. e. The substitution must be made in an express
manner by naming the substitution as
Art. 863 fideicommissary; OR T must explicitly impose
upon the fiduciary the duty to preserve the
FIDEICOMMISSARY SUBSTITUTION inheritance and to transmit the same to the
Limited successive institutions disguised as a substitution. fideicommissary.
REQUISITES A request, suggestion or an advice of T to the fiduciary to

a. T institutes a first heir or bequeaths to a legatee or preserve and transmit is insufficient. Cannot be conditional as
devisee (the fiduciary) a specific property well.
• Fiduciary must have capacity to inherit; Art. 864

• Fiduciary inherits the property and acquires ownership.
• NOT a mere usufructuary. FIDEICOMMISSARY CAN NEVER BURDEN THE LEGITIME
• NOT a trustee (Trustee holds legal title, but does not
have beneficial rights). Art. 865
• Succession confers title to the fiduciary.
• If usufruct is granted successively, Art. 863 applies MUST BE EXPRESSLY MADE TO BE VALID
(Art. 869)
Art. 866
Vda. De Mapa vs. CA
“Ludovico was charged with obligation to deliver the rest of the FIDEICOMMISSARY INHERITS FROM DEATH OF T
estate in equal parts to the Mapa, Salazar and Hidrosollo Not from death of fiduciary. Sufficient that fideicommissary
nephews and nieces.” survives T. the right of the second heir shall pass to his heirs.
Ludovico is a trustee, not a fiduciary in a fideicommissary Art. 867

substitution because the alleged fideicommissary was not made
in an express manner either by designating the substitution as PROVISIONS IN THE WILL WHICH HAVE NO EFFECT
such, or by imposing upon the fiduciary the obligation to a. Fideicommissary not made in an express manner;
preserve and transmit. b. Perpetual prohibition to alienate;
c. Impose the charge of paying to various perons
b. T imposes upon the fiduciary the duty to preserve successively a certain income or pension;
and transmit the inheritance in whole or in part to d. Apply or invest property based on secret instructions
the second heir (fideicommissary). by T.
Date of transmission is determined by T. otherwise, shall take Art. 868

effect upon the demise of the fiduciary.
NULLITY OF FIDEICOMMISSARY SUBSTITUTION DOES
c. The substitution must not go beyond one degree NOT PREJUDICE THE FIRST HEIR
apart from the fiduciary Fideicommisary will be considered as not written. Nullity of
substitution will not nullify the institution. Consequently, fiduciary
One degree apart pertains to blood relationship between receives the property free and clear of the substitution.
fiduciary and the fideicommissary.
Art. 869
d. The fiduciary and the fideicommissary must be
living at the time of death of testator NAKED TITLE TO ONE HEIR; USUFRUCT ON ANOTHER
If T were to grant usufructuary rights to the property to two or
• Both must have capacity to succeed. more persons successively, the limitation imposed by Art. 863
• At the very least, the fideicommissary should be must be complied with.
conceived at the time of T’s death.
• It is not necessary that he possesses the capacity to Art. 870
inherit from the fiduciary.

DISPOSITION OF T DECLARING ALL OR PART OF ESTATE MODAL CONDITION
INALIENABLE FOR MORE THAN 20 YEARS Breach
Void. Restriction must be reasonable and must not duly curtail Forfeits the gift Forfeits the gift
the exercise of and enjoyment by the heirs of the essential Posting of security
attributes of ownership. Required. Required for resolutory only.
Demandability
Demandable at once subject For suspensive,
SECTION 4 – CONDITIONAL TESTAMENTARY to posting of security demandable when condition
DISPOSITIONS AND TESTAMENTARY DISPOSTIONS WITH is fulfilled.
A TERM
For resolutory, demandable
Art. 871-881 at once subject to posting of
Read page 413-431. security.
Imposititon of obligation
Art. 882
Imposed but does not For suspensive, suspends
MODAL INSTITUTION
suspend efficacy but does not obligate
States either:
a. Object of institution (purpose);
NET EFFECT OF MODAL INSTITUTION
b. Application of property given (use of proceeds); or
Same as negative resolutory condition. When breached,
c. Charge imposed on the recipient (burden).
institution is terminated, recipient is obligated to return.
• Compliance with the mode is a matter of obedience to
POSTING OF SECURITY
the will of the testator.
Necessary for modal to enter inheritance. To assure
• Imposes specific application which H/L/D must comply. compliance. Mandatory.
• Here, H/L/D immediately claim the property but will
provide security. Failure to post? Art. 882 does not provide. BASTE: Put
properly under administration. Modal heir not deprived of TD
MODE VS. SUSPENSIVE because while the property is under administration, he still gets
Mode obligates but does not suspend; suspensive suspends benefits. Beneficiaries are likewise assured of benefits.
but does not obligate.
Art. 883
Rabadilla vs. CA SUBSTANTIAL COMPLIANCE
Subject codicil instituted heirs subject to obligation to deliver 100 Cannot take effect in the exact manner; most analogous to the
piculs of sugar yearly to Marlina. Imposed on Dr. Rabadilla, hi wishes of the testator; constructive fulfillment applies.
heirs, and their buyers, lessee or mortgagee. Further, in the
event that obligation to delivery is not respected, Marlina seizes WHEN BENEFIT WAIVED BY BENEFICIARY
the property and in turn, turn over to testator’s nearest No need to comply. Compliance is excused. Obligation to return
descendant. Modal institution? HELD: YES. Upon death of Dr. is when modal disregarded the mode. But if it’s the beneficiary
Rabadilla, heirs assumed obligation to deliver. [NOT who disregarded, modal heir cannot be penalized.
SUBSTITUTION] Codicil did NOT provide that in case Rabadilla
R-I-P, he will be substituted. What is provided is that failure to PREVENTION PRINCIPLE
fulfill the delivery, property will be given to T’s nearest When legal heirs prevented the fulfillment of the mode = deemed
descendant. fulfilled. Modal cannot be prejudiced by acts not attributable to
him.
RULES ON INTERPRETATION
1. Doubt whether mode or conditional – MODE, Art. 885
immediate release of gift upon posting of security. TD WITH A TERM
2. Doubt whether imposed as a mode or mere suggestion • Suspensive (ex die) – cannot demand until arrival of
– MERE SUGGESTION, will not be under legal a certain day.
obligation to comply.
• Resolutory (in diem) – demandable, loses right upon
arrival of the term.
Ratio: to avoid partial intestacy.
• Both ex die and in diem – ex. reach majority until the
th
40 birthday.
ENFORCEMENT
Beneficiary may be:
SUSPENSIVE TERM
a. Specific person/s
Legal heirs are called to succession UNTIL the arrival of the term
b. Undetermined (ex. poor) – Art. 1030 applies, poor living
because the instituted heir is not yet entitled to the property. The
in the domicile of T at time of death
INTERIM (legal) heirs must give security to assure peaceful
c. No particular person – those who stand benefited from
surrender. *vacuum created, legal heir are called to succession.
retrieval – legal heirs may seek recovery.
RESOLUTORY TERM
MODAL VS. CONDITION

Legal heirs are called to succession UPON expiration of the iii. Concurring – SS and ICs
period. The instituted heir is not required by law to give security. 2. Intestate
a. Blood relatives
No provision as to appointment of interim. Why? b. SS
Art. 863 (Rule on fideicommisary). If appointed, under obligation
to preserved and transmit. Unless complied with Art. 863 COMPONENTS OF ESTATE
requirements, the institution will be void. 1. Strict legitime – ½ for primary and secondary CH;
2. Free portion – ½ for concurring and DFP.
Order of intestate succession fills the vacuum.
Art. 888
SECTION 5 – LEGITIME LEGITIMATE CHILD OR LEGITIMATE DESCENDANT
LC/LD – ½
Art. 886 Other ½ - free disposal subject to share of SS and ICs.
LEGITIME
“Cannot dispose because reserved to certain heirs” – misleading Rosales vs. Rosales
provision. Because: Surviving spouse is not an intestate heir of his or her parent-in-
• T who disposes estate needs only to ensure that law.
legitime is respected (Par. 2, Art. 842);
• If cannot dispose legitime, there be hardly a preterition SUCCESSIONAL RIGHTS OF LC/LD
(Art. 854);
• CH who received less may demand completion of Right of representation
legitime (Art. 906);
• TD that impair legitime shall be reduced (Art. 907); A
• Partition inter vivos – must not prejudiced the will (Art. / \
1080) B C – in case of P-I-D…
|
WHAT IS LEGITIME D in herits by right of representation
Minimum guaranteed amount of inheritance. Thus, legitime can
be disposed. By own right
Art. 887 A
COMPULSORY HEIR / \
B C ] collectively repudiated.
CLASSIFICATION OF HEIRS | |
1. Testamentary E D ] collectively inherit by own right
a. Voluntary
b. Compulsory DISPOSABLE FREE PORTION
i. Primary – enjoys preference, Free portion net of legitime of SS and ICs.
excludes secondary.
ii. Secondary – in default of primary

TABLE OF LEGITIME
IP
Surviving CH LC SS IC LP
LC only (Art. 888) 1/2
1/2 1/4
1 LC, SS (Art. 892) General rule: SS = 1LC
Exceptions: ¼ if only 1 LC in order (1) to allow payment of IC’s legitime; and (2) make
certain disposition of estate. Otherwise, making of a will makes no sense.
1/2 1 LC 1/1 of 1 LC
2+ LC, SS, IC (Art. 892)
Thus, if many LC, SS’ share gets smaller, DFP becomes bigger. SS enjoys preference over
ICs.
1/8 1/4 1/2
LP, SS and/or IC (Art. 899)
This is the only instance where IC is preferred over SS to give the decedent leeway in
disposing the remaining 1/8
LP only (Art. 889) 1/2
1/2
• Art. 901 – Rights of IC if predeceased, transmitted to their descendants, legit or not.
IC only (Art. 901)
However, applies only of disinherited or incapacity.
• Limited ot legitime, not totality of NE
• Unintentionally discrimantes illegitimate descendants of LC.
1/2; 1/3; 1/2
General rule: 1/2
SS only (Art. 900) Exception: Articulo mortis, dies within 90 days from marriage (presumption that marriage
was merely to acquire successional rights);
Exception to exception: Cohabiting as husband and wife for 5 years (presumption of noble
purpose of legitimizing their relationship).
1/4 1/2
LP, SS (Art. 893) • LA preferred over SS
• Legitime of Las is on a per stirpes basis
• Rule on proximity applies
IP only (Art. 903) 1/2
IP, SS (Art. 903) 1/4 1/4

SUCCESIONAL RIGHTS OF FOREIGN NATIONAL WHO General rule
DIVORCED THE FILIPINO SPOUSE No deprivation of legitime.
Foreign – released from all marital rights and obligation towards
Filipino spouse Exceptions
Filipino spouse – NOT. Disinheritance
Van Dorn vs. Romillo, Jr. BURDEN ON THE LEGITIME

Divorce in Nevada released Upton from marriage. Pursuant to GR: Not allowed
his national law, he is no longer the husband. However, under XPT: Forbid partition for 20 years or less (Art. 1083)
out law, Van Dorn is still married. SC: Upton should not continue
to be one of Van Dorn’s heirs because Van Dorn should not be STATUTORY BURDEN ATTACHED
discriminated against in her own country. a. Reserve truncal;
b. Family home – continue despite death, 10 years or for
IN CASE OF LEGAL SEPARATION as long as there is a minor beneficiary.
Continues to be reciprocal CH. But Art. 63, par. 4 disqualifies
the offending spouse from inheriting, as penalty imposed. Art. 905
Disqualified from intestate succession. RENUNCIATION/COMPROMISE AS REGARDS FUTURE
LEGITIME
Revocation of prior TD in favor of offending spouse Void.
If made before, deemed revoked. If made after legal separation,
valid because it is equal to forgiveness. Ratio: Non-existence of right (no inheritance to speak of); Art.
1347 prohibits future inheritance as their object.
Innocent spouse CAN inherit unless R-I-P or disinherited.
Uson vs. Del Rosario et. al.
IN CASE OF TERMINATION OF JUDICIAL DECREE Relinquishment was not valid. Future inheritance cannot be
Marriage ties are severed. Ceased to be reciprocal CH. subject of a contract nor can it be renounced. Also, renouncer is
NOT estopped. A party to a void transaction is NOT estopped
IN CASE OF BIGAMOUS MARRIAGE because it deemed never existed at all.
In case of re-appearance
Spouse who initiated proceedings for declaration of presumptive DUTY TO COLLATE
death is presumed to be in good faith. Subsequent spouse • If renunciation/compromise is between CH and T and
presumed to be in bad faith. if valuable consideration was given – payment must be
considered as a gift – must be collated. Ratio: payment
Effect cannot be imputed to renunciation which is without
Spouse in bad faith – disqualified to inherit by testate or intestate consideration.
(limited application, only marriage between collateral blood • If between CH and stranger – no duty to collate
relatives) succession because: because payment did not come from the testator.
a. Ceased to be reciprocal CH;
b. Will executed prior to termination. Art. 906
FULL SATISFACTION OF THE LEGITIME
What if executed after? Still no.
a. Cannot overwrite succeeding disqualification; Art. 907
b. Scandalous. TD REDUCED WHEN INOFFICIOUS OR EXCESSIVE
Impairment of legitime may be:
Innocent spouse – can inherit only as VH but not as SS. a. Direct – TD gave share short of legitime;
b. Indirect – TD aggregate value exceeds the DFP.
IN CASE OF OTHER VOID MARRIAGES
• The law does not require the judicial declaration of Note: L/Ds are preferred over instituted heirs (in case of
nullity of marriage for purpose of denying successional impairment).
rights.
• Nullity of marriage can be attached collaterally in Art. 908
settlement of estate; DETERMINATION OF LEGITIME
• Never became spouse. Value of the property at time of death xxx
Less: (a) Unpaid debts (xx)
IN CASE OF VOIDABLE MARRIAGES (b) Estate taxes (xx)
Severed. Valid until annulled. Net hereditary estate xxx
Plus: Collationable donations xxx
Effect Theoretical HE xxx
• Disqualified to inherit from innocent party;
• TD in favor of guilty – revoked. THE is the basis for computing legitime.
NHE is the basis for distribution.
Art. 904

VALUATION • If reduction is 1/2 or more, CH retains, reimburses
• Property – at time of death (FMV or BIR zonal value); devisee.
• Debts – contractual and extra-contractual; • When devisee is also CH – excess value of devise may
• Collationable donations – FMW at time of donation. be imputed to legitime of the devisee.
INSOLVENT ESTATE LACK OF INTEREST TO ACQUIRE THE PROPERTY

• Rules on preference of credits; General rule: CH;
• Heirs not liable – limited to value of estate Exceptions: Devisee
• If none, other heir or devisee pay the value to CH with
General rule: creditors cannot assert claims against done, impaired legitime; balance to devisee.
especially when donation antedated the debts; • If still none, public auction.
Exceptions: post-dated the debts – presumed in fraud of Art. 914

creditors when did not reserve property sufficient to pay all debts TESTATOR MAY DEVISE OR BEQUEATH FP AS HE MAY
contracted before donation. DEEM FIT
• Remedy: rescission, 4 years from donation.
Limitations:
COMPUTATION WHEN INSOLVENT 1. Non-delegation of TD to 3rd party
NHE is zero (NOT the negative amount) 2. Must have capacity to succeed
Add: Collationable donations – when not rescinded, if rescinded, 3. Fideicommisarry
paid to creditors. 4. Inalienable for not more than 20 years
Equals: THE 5. Impossible suspensive condition
6. Common-law spouses
Art. 909
IMPUTATION OF DONATION PRESUMPTIVE LEGITIME
• Children – advance of legitime Advance of legitime (Art. 51, FC) to protect the financial interest
• Strangers – chargeable to DFP of children. The law assumes that:
1. Child survived parents;
Art. 910 2. Capacitated to inherit;
DONATIONS TO IC 3. Acceptance;
Chargeable to legitime. If exceeded, reduced. 4. No ground to disinherit.
Art. 911 NOTE:

ORDER OF REDUCTION OR ABATEMENT OF DONATIONS • Presumptive legitime is collationable.
AND TD • When adjusted and inofficious, must reimburse;
• When predeceased the decedent – treated as donation
When relevant to stranger.
• Survived by CH; AND
• Donations/devisee/legatees cannot be accommodated
after payment of legitime. SECTION 6 – DISINHERITANCE
STEPS Art. 915

1. Calculate THE; CONCEPT
2. Pay legitime to CH, concurring A CH may, by disinheritance, be deprived of legitime, for causes
3. If legitime of concurring CH is equal to FP or there is expressly stated by law.
balance, all donations are honored; if impaired – • Causes are serious offenses committed by CH
donations reduced – LIFO (Last in, first out). • Gravity of offense justifies the penalty, that is;
4. Positive balance of DFP – paid to preferred L/D; • TOTAL EXCLUSION, extends to all entitlements,
5. Balance, paid to ordinary L/D, pro-rated if insufficient to legitime and DFP.
cover all.
Art. 916, 917
Art. 912, 913 HOW EFFECTED
REDUCTION OF PARTLY INOFFICOUS DEVISES Only through a will, legal cause specified
General rule: Physical partition. Premised on the assumption of BURDEN OF PROOF OF TRUTH OF CAUSE
divisibility – that is when value will not be diminished whn divided Other heirs enforcing the disinheritance, if disinherited heir
into parts. should deny it.
• Competent evidence of culpability is necessary; the
Exception: Impractical to physically partition. word of T is not sufficient.
• If reduction is less than 1/2 of value – devisee retains • If DH does not contest, or admits his guilt – no need to
the property, reimburses CH; prove.

1. Attempt on the life of T;
REQUISITES OF A VALID DISINHERITANCE
a. Victim must be T’s spouse, ascendants or
1. DH must be CH; descendants. Thus, the disinherited heir’s:
2. DH must be identified with certainty – no room for i. B/S;
speculation. Art. 843 applies. Error in name will not ii. N/N;
invalidate, as long as certainty of identity may be iii. Grannies who is an ascendant of the
established; disinheriting parent; and
3. Must be cause specified by law – causes are iv. Biological parent or stepparent.
EXCLUSIVE; b. Either attempted, frustrated or consummated;
4. Made in a VALID will – need not be in the same will, c. There must be intent to kill, NOT criminal
may be made reference in a will and D effected in a negligence;
subsequent codicil, as long as there is d. Must be convicted. But may disinherit prior to final
UNMISTAKABLE CONNECTION; conviction. Grant of executive clemency has no
5. D must be express – because omission of CH may be effect – does not negate the fact that crime was
a case of preterition; committed.
6. D must be for a true and certain cause – that is e. No distinction as to degree of participation.
existing at time of execution of the will;
7. D must be total – only two choices, disinherit or 2. False accusation;
pardon. An offense that merits D is indivisible –
corresponding penalty of D is likewise indivisible. Thus, a. CH must make an accusation against T – not
complete exclusion. necessarily by initiating a criminal proceeding.
May be through oral testimony, withholding of
Art. 918 evidence favorable to T, or refusal to give truthful
EFFECT OF VOID DISINHERITANCE statement which proves T’s innocence. Filing
before prosecutor is not an accusation because
1. D is ineffective; prosecutor determines only probable cause, no
definitive finding;
DH cannot be excluded from inheritance. Cannot be deprived of b. Accusation is a crime for which law imposes the
legitime. penalty of imprisonment for 6 years or more –
basis of disinheritance is gravity of the crime
2. Institution of heirs is annulled; imputed;
c. Definitive acquittal - court acquits T and declare
Annulled insofar as it may prejudice the DH. Thus, if after the accusation as false or baseless. If premised on
distribution of estate, there remain sufficient assets to pay insufficiency of evidence, on reasonable doubt,
legitime of DH, the IH need not be annulled. failure to prosecute or prescription – NOT FALSE
and no basis to disinherit.
3. L/D may be reduced
3. Adultery or concubinage
Reduced or abated only if after annulment of IH, there are
insufficient assets to satisfy DH’s legitime. Preferred because T Adultery
expressly intended to give them the SPECIFIC property. Committed by a married woman who has sexual intercourse
with a man not her husband, and by a man who has carnal
In summary, satisfy ineffective DH fin the following order: knowledge, knowing her to be married.
i. IH (CH or VH), with respect to share in DFP;
ii. Ordinary L/D; Concubinage
iii. Preferred L/D. Committed by a man who (1) keeps a mistress in the conjugal
dwelling; (2) have sexual intercourse with a woman not his wife
THREE CAUSE OF VOID D: under scandalous circumstances; or (3) cohabits with other
1. D without a specified cause; woman not his wife in any other place. Woman is charged as
2. D with a cause the truth of which is not proven; principal by indispensable cooperation.
3. D with a cause NOT provided by law.
a. T must be lawfully married with the offending
EXTENT OF RECOVERY spouse;
Legitime only. b. Convicted by final judgment.
CAUSES OF DISINHERITANCE Note: Under this Article, only the child is disinherited. Offending
spouse is disinherited under par. 4, Art. 912 – giving cause for
Art. 919 legal separation.
CAUSES FOR DISINHERITANCE OF CHILDREN AND
ASCENDANTS, LEGIT OR ILLEGIT 4. Fraud or coercion to cause T to make a will, or to
change one already made;

• Matter of opinion often influenced by the moral
Basis standards of a particular community
The unworthy heir violates T’s fundamental right to control • A single or isolated act, no matter how disgraceful, Is
disposition of his estate. NOT sufficient to justify disinheritance.
• IT MUST BE CONTINUING.
Violence and intimidation
Violence - serious or irresistible force is employed. Intimidation 8. Civil interdiction
– reasonable and well-grounded fear of an imminent and grave
evil upon a person or property. Basis
Embarrassment caused by the child who committed a grave
Undue influence offense.
Person takes improper advantage of his power over the will of
another, depriving the latter a reasonable freedom of choice. • Requires final conviction
• Accessory penalty
Fraud • Deprivation of an offender during the time of his
Through insidious words or machinations of one of the sentence of:
contracting parties, the other is induced to enter into a contract, i. the rights of parental authority or
without them he would not have agreed to. guardianship, either was to ward’s
person or property;
EFFECT ii. marital authority;
Will is void. T who invokes disinheritance, must execute a new iii. right to manage property; and
will or codicil which shall disinherit the offending heir. iv. right to dispose such property by any
conveyance inter vivos.
5. Refusal to give support;
Art. 920
Basis CAUSES FOR DISINHERITANCE OF PARENTS OR
Refusal is tantamount to willfully and deliberately putting at risk ASCENDANTS, LEGIT OR ILLEGIT
the survival of the latter.
1. Abandonment of children, inducing the child to live
Support a corrupt life or attempt on virtue
Everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping Abandonment
with the financial capacity of the family (Art. 194, FC). Total neglect of parental obligations towards the children. Thus,
not only financial support, but also includes care, guidance, etc.
Requisites Not necessary that it constitutes criminal offense. Ex. Unwed
a. The ascendant at some time in the past was in need of mother gives up infant to a friend – guilty, even if it is to give the
support; infant a chance for a better life.
b. The descendant who then was requested to provide it
refused to give support; and However, giving consent to the adoption does not make a parent
c. Refusal was unjustified. irresponsible. Adoption is a lawful process.
6. Maltreatment of T by word or by deed; Note: No minimum period. Unlike when spouse is abandoned
(Art. 921), must be more than one year.
By deed
Physical violence BUT WITHOUT intent to kill and without Inducing a child to live a corrupt or immoral life
constituting an attempt on the life of T. Ex. Slapping, punching Need not become a prostitute. A matter of court to appreciate.
in the nose Male or female. Other inducements, such as inducing to become
a masseuse solely to men – not ground.
By word
Grossly abusive language on T that demonstrates in no Attempt on virtue
uncertain terms the utter disrespect of the offender towards T. Inappropriate sexual undertones such as attempted rape,
Need not be slanderous. attempted seduction, or acts of lasciviousness. Victim may be
male or female.
Both maltreatment must be intentional. Thus, intoxication is not
considered cause. 2. Attempt on the life, same
7. Leading a disgraceful life; 3. False accusation, same
Basis 4. Adultery or concubunage, same

Embarrassment caused by the child.
5. Fraud or coercion to cause T to make a will, or to
• Offending heir may be male or female change one already made, same

6. Loss of parental authority 2. False accusation, same
Termination of PA under Art. 229, FC 3. Fraud or coercion to cause T to make a will, or to

Without prejudice to restoration: change one already made, same
a. Adoption
b. Appointment of general guardian; 4. Spouse has given cause for legal separation
c. Judicial declaration of the abandonment;
d. Judicial declaration of absence or incapacity of parent. Judicial declaration NOT necessary. It is the fact of giving cause
of LS that justifies disiniheritance.
Suspension of PA under Art. 230, FC
Suspended upon conviction by a parent of crime which carries TEN GROUNDS FOR LEGAL SEPARATION (Art. 55, FC)
with penalty of civil interdiction. Restored upon service of 1) Repeated physical violence – spouse, common child or
sentence or receipt of pardon. offended spouse’s child
2) Physical violence or moral pressure to change religious
Suspension of PA under Art. 231, FC or political affiliation;
Restored by court in appropriate cases. 3) Attempt to corrupt or induce petitioner, common child
a. Treats a child with excessive harshness, cruelty; or petitioner’s child, to engage in prostitution;
b. Gives child corrupting orders, counsel, or example; 4) Final judgment, 6 years or more, even if pardoned;
c. Compels the child to beg; 5) Drug addiction or habitual alcoholism;
d. Subjects the child or allows him to be subjected to acts 6) Lesbianism or homosexuality;
of lasciviousness. 7) Contracting by respondent of a subsequent bigamous
marriage, in PH or abroad;
Permanent deprivation of PA under Art. 232, FC 8) Sexual infidelity or perversion;
Subjects the child to sexual abuse. No possibility of restoration. 9) Attempt on the life of petitioner;
10) Abandonment of petitioner by respondent without
WHEN DISINHERITANCE JUSTIFIED cause for MORE THAN ONE YEAR.
a. Suspension of PA under Art. 231, FC;
b. Deprivation of PA under Art. 232, FC; and 5. Loss of parental authority, same
c. Termination under Art 229, FC, limited to:
i. Abandonment; and 6. Refusal to support children or the other spouse,
ii. Final judgment divesting authority. same
EFFECT OF RESTORATION Art. 922

Seba: Disinheritance subsists despite restoration. Ratio: Basis CONCEPT OF RECONCILIATION
for disinheriting is NOT the fact of loss of PA, BUT the Settle difference. Pardon is not equivalent to reconciliation.
commission of the culpable acts which justified the loss of PA. Pardon is forgiveness of a specific offense, accepted by
offender. Pardon must be followed by reconciliation.
7. Refusal to give support, same
In sum, mutual restitution of feelings. No particular form.
8. Attempt of the parent on the life of the other parent Express or tacit. Proved as a fact.
Requisites EFFECT
a. Conviction NOT required – the law did not state Renders the disinheritance ineffective.
“convicted of an attempt.”
b. Plotter and intended victim are the biological parents of COMMON GROUNDS OF INHERITANCE AND
T – not adopting because they are not CH, neither UNWORTHINESS
stepparent. 1. Attempt on the life;
2. Abandonment, live a corrupt life or attempt on virtue;
EFFECT OF RECONCILIATION 3. False accusation;
Child loses right to disinherit. However, the mere fact that the 4. Adultery or concubinage;
spouses lived under the same roof – not equated to 5. Fraud or coercion to cause T to make a will, or to
reconciliation. There must be restoration of mutual feelings. change one already made
Reconciliation under disinheritance vs. Forgiveness under Thus, even if not disinherited, heir is barred from inheriting by
unworthiness reason of unworthiness.
See discussion on incapacity.
Art. 923
Art. 921 RIGHT OF REPRESENTATION
CAUSES FOR DISINHERITANCE OF SPOUSE Entitles the children and descendants of DH to exercise.
1. Attempt on the life, same RULES

a. DH must be a child or descendant of T;
b. Covers only the legitime; Art. 929
c. Representative must be capable of succeeding. Partly owned property
General rule
SECTION 7 – LEGACIES AND DEVISES Legacy or devise is understood to be limited to the part which
belongs to him. Ratio: No one can give what he does not have.
Art. 924
Must be within the commerce of man – capable of private Applies whether or not T knew at the time of execution that
ownership or can otherwise be the subject matter of a contract. property is partly owned by another person.
Art. 925 Exceptions

Burden of legacies and devises If T knew that he owns only a part, he may make an express
General rule: Burden is on the estate, to be paid by the executor declaration that:
or administrator. a. He gives thing to L/D in its entirety;
b. Directs persons charged with sub-legacy or sub-devise
Exception: Testator may impose the burden of paying upon a to give the ting to the sub-L/D in its entirety.
particular heir, legatee or devisee. Charged only to the extent of
value of legacy or devise received by them. How to give the entirety? T must indicate that he is aware.
Because if it happens to be a mistake, it is void under Art. 930.
Art. 926
Individual and collective responsibility Implied order to acquire
If testator imposed the burden of paying upon a particular heir, Since the T knew that it only owns a part, there is an implied
legatee or devisee – he alone shall be obliged to pay it, to the instruction from T to acquire the interest of third party so that
extent of value received. property be delivered in its entirety. Limitations:
a. Price to be paid must not exceed DFP;
If the testator imposed the burden collectively – all of them are b. If burden imposed to CH, must not exceed his share in
liable to pay in the same proportion as they inherit. DFP and legitime is preserved;
c. If burden imposed to VH or L/D, price must not exceed
Art. 927 value of the gift.
Responsibility for loss or destruction of thing bequeathed
If some or all took possession prior to order of the court, and If price exceeds the limits, person burdened cannot be
later lost or destroyed, possessors are SOLIDAIRLY liable. compelled to acquire the interest of the third party, unless L/D is
willing to underwrite the cost in excess of that which the person
Basis: Unauthorized possession. Cause of loss or destruction is burdened received.
immaterial.
Art. 930
Art. 928 Mistaken belief of T that the thing pertained to him
Warranty for generic legacies and devises Vice of consent is voidable. Under Art. 1331, it may refer to:
Heir who is bound to deliver the legacy or devise shall be liable a. Substance of the thing which is the object; or
in case of eviction. As a matter of good faith, must deliver thing b. Conditions which have principally moved one or both
which he has right, power and authority to deliver. parties to enter into the contract.
Exclusions to warranty However, in succession, a will or TD is either valid or void. Thus,

Not applicable to determinate thing because: here, void.
a. Faithful compliance does not indicate bad faith, it is
only a matter of obedience; Effect of subsequent acquisition of title
b. Testator knew the limitation, presumed T intended the Validated. Only provision in the Code which validates a void act.
legatee or devisee to bear the risk of potential loss Conditioned upon the unawareness of T that property did not
through eviction. belong to him.
Extension of warranty Art. 931

Extended to warranty against hidden defects – non-apparent Order to acquire
defect which may or may not be known to the heir. Factors to be T knew that property does not belong to him. Must be express
considered: order to acquire.
a. Heir delivered the thing with knowledge of hidden
defects; and Differs from Art. 930
b. Heir had two or more things to choose from, Under Art. 930, T acted on the basis of mistaken belief. Here, T
deliberately chose one with the defects. knew at all times that he does not own.
Absent of knowledge or no option but to deliver the thing which Differs from Art. 929
is the only one he had = no bad faith.

Under Art. 929, T gives the entirety with express direction, but If not a recoverable debt (ex. easement), E/A need not make
stranger owns a portion, thus, there is a tacit order for acquisition payment. The property will pass to the legatee or devisee
of the latter. Here, T knew at all times that he does not own, and burdened with the mortgage.
made an express order to acquire it.
Art. 935, 936
Party obliged to acquire Legacies of credit and remission
Person burdened, executor or administrator or heir or L/D. Claims or receivables, an asset and intangible property.
Limitations on obligation to acquire Effect

a. Price to be paid must not exceed DFP; • Credit – T gives the legatee the credit
b. If burden imposed to CH, must not exceed his share in • Remission – T condones a receivable
DFP and legitime is preserved;
c. If burden imposed to VH or L/D, price must not exceed General rule
value of the gift. Pertains only to that part existing at time of death. Ratio: A
person cannot give what he does not have or condone what he
If owner refuses to sell or demands excessive price, just pay the does not owe.
amount equal to FV to the legatee or devisee.
Exceptions
Art. 932, 933 May include future receivables. Under Art. 793, T must
Thing owned by legatee or devisee expressly state in the will of such intention (general clause).
Void since vitiated by mistake.
Legacy of credit
Acquisition of beneficiary subsequent to execution of will Must be from lawful transaction. Either:
rd
a. If owned by 3 persons at time of execution, void under a. Generic – all receivables owed; or
Art. 930; b. Specific – specifically identified.
rd
b. If owned by 3 persons at time of execution and
subsequently acquired by L/D by onerous title, L/D is How effected
entitled to reimbursement of the price. However, if Deed of assignment. Need no conformity of the obligor. Upon
gratuitous, no reimbursement. execution, legatee shall have the right to personally collect the
c. If owned by T at time of execution and later sold to L/D, receivable.
deemed revoked. Ratio: T’s intention to give the thing
as gift has been superseded by his intention to Legacy of credit does not result to novation
monetize the same. Distinction between the credit and the underlying transaction
d. If owned by T at time of execution and later given that gave rise to it.
gratuitously to L/D, the legacy or devise shall be
considered satisfied. The legacy of credit does not result to novation of the underlying
rd
e. If owned by T at time of execution and later sold to 3 transaction. The legacy of credit does not novate the credit itself.
person, deemed revoked under Art. 957/ L/D have no It is the same credit that is passed by T to the legatee.
claim.
The extinguishment of the old one and the creation of a new
Instruction to acquire third party interest or to discharge the obligation is wanting. Here, the legacy is made through a deed
encumbrance of assignment, thus, negating the novation. Also, Dr. Tolentino
When owned by L/D at time of execution, valid to the extent of said, the E/A has option to pay the debt and give the proceeds
instruction to discharge the encumbrance. to L/D or assign to legatee the credit. This negates novation.
Art. 934 Not novation through subrogation. Legacy is effective only upon
Release of pledge or mortgage T’s death. Thus, T would not have the authority to substitute the
L/D burdened by a pledge or mortgage which secures a legatee in his place by subrogation. Conventional subrogation
recoverable debt. Includes antichresis, all forms of security requires the consent of the parties.
arrangements.
Accessories to the credit
General rule: Executor/administrator must pay the underlying Accessory follows the principal.
debt. This will discharge the encumbrance, and L/D is ensured
to receive the property. Extinguishment of legacy of credit
When T, during lifetime, brought an action for payment. Thus,
Exception: When T otherwise provides. presumed that T changed his mind.
Criteria However, it is possible that T only wants to stop the running of

a. Must be a recoverable debt by a creditor from a third the prescriptive period. Thus, not extinguished. To declare such
person; intention, T may just execute a codicil.
b. Demandable.
Art. 937

Generic legacy of release or remission Payment of L/D is contingent upon the existence of residual
Comprises of those existing at time of execution. But NOT the assets after the discharge of the liabilities. Paid as a debt or paid
subsequent ones. as a legacy?
Legacy of credit vs. remission Solution: To the extent of legacy equal to the debt, consider the
Credit Remission TD as payment of debt. For the excess, considered as pure
T gives the receivable to a T technically gives his credit legacy. Thus, the excess is reduced if it impairs the legitime; or
person other than the debtor to the debtor. abated if estate is insolvent.
Intention is to assign and Intention is to extinguish his
transfer to the legatee the claim as against the debtor. Art. 939
enforcement. Erroneous order of payment
Considered as not written. Not considered as legacy. The intent
Scope of remission of T to pay a debt which he thought he owed is totally
• Generic – cannot comprise future debts. Ratio: incompatible with donative intent.
Nothing to condone;
• Specific – existing at time of execution, outstanding at Excessive payment
time of death, and identified by T in the will. Results either by:
a. Error on the part of T – void;
How effected b. T’s desire to give the creditor the excess over the
Embodied in the will. No formality required. Law entitled the correct amount owed – excess is legacy. Thus, first
legatee to a written deed of acquittance from the E/A, if the part is paid after estate tax but before distribution;
legatee should demand, to serve as evidence of remission. second part is paid only after payment of obligations,
estate tax, expenses of A, allowances and legitime.
Release of security
Automatic. Accessory follows the principal, although, the Instruction to pay is unnecessary
reverse is not true. No need. It will be paid, regardless.
Extinguishment of legacy of remission Natural obligations

When T, subsequent to execution, brought an action for 1. Civil obligation prescribed
payment. 2. Obligor knows that he is not obliged
3. He paid
Art. 938 4. Voluntary (operative fact)
Creditors as legatee or devisee
Creditor is not disqualified to inherit. TD will only create a new CIVIL OBLIGATION NATURAL OBLIGATION
relationship: T-debtor and L-creditor. T-debtor remains to be Positive law / consent Based on equity
obligated. By giving a legacy or devise to accreditor, T intended Enforceable in court Not enforceable in court
to give an economic benefit. but there’s still an
obligation
Application of the claim
T is permitted to qualify the gift. May be applied in whole or in Thus, if a will is declared void due to non-compliance with formal
part to the credit. In this case, no real gift. True legacy or devise requisites, but intestate heirs pays a legacy in compliance with
only in so far as the excess of the value of the gift over the value clause in the void will, the payment is effective and irrevocable.
of the obligation.
If T orders the payment, the fact that obligation has prescribed
Legal issues will not permit recovery of payment from creditor.
1. Relevance of dacion en pago
Sebastian: Saving clause is consistent with T’s wishes to die an
May be viewed as offer of T to settle by way of dacion. In dacion, honest man.
acceptance of creditor is necessary. If L-creditor refuses the
application of property, dacion cannot take place. L will be paid Art. 940
in cash, but not entitled to claim the excess, as a result of the Alternative legacies and devises
repudiation. T’s intention is not to give both or all, only one or some.
2. Proof of the legatee’s claim Rules

Alternative L/D Alternative obligation
A creditor who has claim mist file within a definite period a formal Presumed given to Debtor, absence of contrary
claim. T’s acknowledgement of the debt will not relieve the L- burdened heir or E/A stipulation
creditor to prove his claim. Recognition by T is not conclusive
evidence. In fact, T may be in error to believe. L/D and/or creditor cannot be compelled to receive a part of
one and a part of another; neither can demand.
3. Issue of characterization

Cannot choose the impossible or could not have been the a. The social standing personal circumstances of legatee;
object and
b. Resources of the estate.
Loses right of choice when only one is practicable.
However, under FC, it now measured on the financial capacity
L/D has right to indemnity for damages when through fault of the person obliged to give it.
of person burdened, all things are lost or become
impossible. Legacy for support
Anything indispensable for sustenance, dwelling, clothing,
medical attention, education and transportation. NOT subject to
Rules as loss of the thing due time limit, unless T declares.
Person burdened is obliged to deliver those:
1. If one is lost by force majeure – the choice of L/D from Limits
the remaining things. • Quantitative limit of the DFP;
2. If loss of one due to fault of person burdened – choice • Amount of prior support but may be reduced if the
of L/D of any of those subsisting, or the price of the lost same is disproportionate to the value of the estate.
one plus damages.
3. If loss of all through fault of person burdened – choice Termination of support
of L/D of the price of any plus damages. a. Death of recipient;
b. Resources cannot give support;
Exercise of right of choice c. Recipient no longer needs the allowance for
In alternative obligations, any time before performance. In subsistence;
alternative L/D, only after death when succession opens. d. Disinheritance;
e. Bad conduct.
If L/D dies without having exercised right of choice – right passes
to its heirs. If L/D predeceased T, neither L/D nor the heirs can Art. 945
exercise right. Legacy of pension
Periodic allowance granted by T is demandable from time of
Choice must be communicated to E/A, vice versa death.
Upon communication, legacy and devise becomes pure and
simple. However, delivery of such must await the payment of the debts
of T and taxes. Deferral is without prejudice to recover from the
Irrevocability of choice estate the allowances in arrears.
Unless vitiated.
Same is true when burden falls upon an heir, latter is not
Art. 941, 942, 943 required to advance. Ratio: Unfair to require when he has not
Generic legacies or devises received yet anything from the estate.
a. Generic movable – valid even if there be no things of
the same kind in the estate. Ratio: substitution is Art. 946
possible; Usufruct not discharged
b. Generic immovable – valid only if there is immovable L/D shall respect the usufruct until it is legally extinguished.
property of its kind in the estate. Ratio: impossible
because their limits and individualization depend upon Art. 947
the will of man. Right to pure and simple legacies and devises
Same as Art. 777, rights to succession are transmitted upon
A legacy of a beast of burden or a legacy of some, a few or such death of T. acquisition of ownership occurs. However, physical
number (uncertainty as to quantity) is void. Nobody shall possession is suspended until order of probate court.
speculate.
Not applicable to those subject of suspensive condition or
A legacy of one of T’s car term
Treated as alternative legacies or alternative devises Acquisition of right occurs upon fulfillment or arrival. Pending
fulfillment, placed under administration. Pending term, legal
Art. 944 heirs are called to succession.
Legacy of education
Personal to legatee. Lasts until the legatee finishes a Art. 948
professional, vocational or general course. Conditioned upon Rights to fruits of specific and determinate things
the diligence of legatee to pursue his studies. Any T’s heir may Conditions:
petition the court for the termination of the legacy upon breach a. Specific and determinate;
by legatee. b. Object belongs to T.
T may specify amount. If not, fixed by court considering the ff: Includes growing fruits and unborn offspring of animals. For
uncollected income, same shall pertain to L/D if it accrued after

death. Accruals prior to death constitutes receivable and forms Delivery expenses
part of the estate. For the account of the person burdened or estate. Must be
reasonable.
Risk of loss and benefits of improvement
Since L/D becomes the owner, risk of loss is on account of L/D. Art. 953
Ratio: The loss of a thing is a risk of the owner: res perit domino. Necessity of orderly delivery
Possession and management of estate is vested with E/A
Art. 949 pending completion of the settlement proceedings.
Right to fruits and interest of generic thing
Accrues only after the person burdened has made a selection. L/D cannot take possession upon its own authority, must request
However, fruits or interest accruing to the object of the legacy or its delivery and possession to the heir burdened or E/A upon
devise after death of T must be paid to L/D if T expressly so approval of the court.
ordered.
Art. 954
Art. 950 Partly onerous unitary benefits
Order of preference Single legacy or devise.
1. Remuneratory – recompense for past meritorious
service to reward the recipient. Must be expressly First paragraph invokes the indivisibility of the unitary bequest
declared. No one should speculate; where a part is gratuitous and another is onerous. L/D cannot
2. Preferential L/D – must be expressly declared. No accept a part of legacy and repudiate the onerous part. Neither
need to state the reason; the heirs of L/D who are to exercise the same may do such act.
3. Support;
4. Education – specifically one rank lower than support; Its either accept ore repudiate both.
5. L/D of specific things – particular and exclusive.
Art. 955
Applicability Multiple legacies and devises
Applicable only if there is no compulsory heir. If there is CH, Art. Two or more legacies and devises given to a single person.
911 applies. Rules:
1. Cannot renounce the onerous one and accept the
Payment by pro rata gratuitous. Law theorizes that T would not have given
Whatever is available shall be distributed to the beneficiaries pro the gidt separately or independently;
rata. 2. If both legacies or both devises are gratuitous and
onerous, L/D permitted to accept one and reject the
Art. 951 other, except when T intended it to be inseparable.
Right of accession 3. CH who are L/D as well, may accept or reject either
Accessions and accessories at its broadest sense – not only legitime and/or bequest.
those produced and incorporated but also:
a. Any subordinate or supplemental part or object used Art. 956
for convenience, adornment or safety; or Ineffective legacies and devises; remedies
b. Otherwise give completeness to the principal object. 1. Predeceased;
2. Incapacitated to inherit’
Only those existing at the time of death. 3. Repudiated;
4. Any causes under Art. 957.
Art. 952
Discharge of legacies and devises First three is cured by substitution or right of accretion. If neither
Person burdened must deliver that specific object specified in is applicable, legacy or devise shall revert to estate and
the will. It cannot insist payment of value. Neither can the L/D be distributed under rules on intestacy.
compelled to accept anything in lieu of the thing.
Art. 957
General rule Ineffective legacies and devises
Simply stated, person burdened does not have the right to
substitute money or another property for the legacy given by T 1. Loss of the thing bequeathed
to L/D.
Loss not limited to physical. May be not within commerce of
Exceptions man. Must be specific.
Agreement. Art. 952 does not prohibit. But may be:
• Objected by any of heirs when adverse or prejudicial to If E/A or any person burdened is negligent, accountable for loss.
right as heir; or
• Subject to approval of the probate court except when 2. Transformation of the thing bequeathed
the object is not an asset of the estate, no need for
court approval. Change its form or denomination. Form is physical appearance,
denomination is the name by which the thing is commonly

known (ex. motion to change from classification from agricultural
to industrial).
Devise is implicitly revoked, change in the T’s intention.

Renovation will not revoke because there is no change in form
nor in denomination (ex. still a residential unit).
3. Alienation of the object of the bequest
Voluntary alienation negates intention to give it to L/D. implied

revocation. Fact that it was subsequently re-acquired, will not
reinstate.
If involuntary alienation, cannot be considered revoked. No

intention. If reacquired, reinstated.
Nullity of alienation
Includes void and voidable. When reverted back to T, legacy or
devise will not be validated.
Conditional alienation
If suspensive condition – alienation will not result to revocation
pending fulfillment. If fulfilled, revoked.
If suspensive term – revoked immediately. Deferral of

effectivity of alienation does not benefit the L/D since time is
certain to arrive.
If resolutory condition – implied revocation. When fulfilled, not

reinstated because under Art. 957, reinstatement is possible
only if T’s recovery ownership is by reason of exercise of right to
repurchase.
If resolutory term – same as resolutory condition.
Divisibility of the gift

Partial alienation – implied revocation of that part which is the
object of alienation.
Art. 958
A mistake as to name of thing bequeathed or devised, is of no
consequence, if it is possible to identify the thing which T
intended to bequeath or devise.
Art. 959
Misplaced provision
A disposition made in general terms in favor of T’s relatives shall
be understood to be in favor of those nearest in degree.

CHAPTER 3 - LEGAL AND INTESTATE SUCCESSION Alvarado vs. Gaviola
The reading of the will to testator by the lawyer who drafted, with
SECTION 1 – GENERAL PROVISIONS simultaneous silent reading of the same by witnesses and the
NP constituted substantial compliance, where the purpose of the
Art. 960 law is satisfied.
WHEN LEGAL SUCCESSIONS TAKES PLACE
Roxas vs. De Jesus
1. Decedent dies WITHOUT a will “Feb./61” – valid date.
2. Decedent dies with a VOID will BASIS OF INTESTAE SUCCESSION

a. Lack of testamentary capacity; Presumed will of the decedent – most closely resemble the
b. Failed to comply with formalities. distribution.
3. Decedent dies with a will that had LOST VALIDITY Art. 961
(Baste: EFFICACY) – as when T revokes it. INTESTAE HEIRS
Three categories:
4. Will does not institute an heir – erroneous. a. CH;
Disinheritance is a mode of property disposition. b. Collateral relatives (not CH);
c. State
5. Will failed to dispose entire estate – in order to
prevent intestacy, T could make a general statement Art. 962
for those undistributed property. FUNDAMENTAL RULES ON INTESTACY
6. Non-fulfillment of a suspensive condition attached 1. RULE OF PROXIMITY

to IH – efficacy of institution is deferred until condition
is fulfilled. Nearest to decedent will inherit, to the exclusion of the more
remote ones. Ratio: presumed deeper affection, thus, more
7. IH predeceases T or is otherwise incapacitated to likely to make a provision for such person.
inherit from the latter, or repudiates the inheritance
– basis is ability, capacity and willingness to receive the EXCEPTION TO RULE OF PROXIMITY
inheritance. a. Rule of proximity yields to right of representation
b. Relatives in descending line are preferred over
8. Other causes relatives in the ascending line
c. Relatives in direct line are preferred over relatives in
TESTACY OVER INTESTACY collateral line – thus, legit grandson excludes a legit
First and principal law in the matter of testaments. Courts must brother.
exert every effort to give effect to T’s will by disregarding minor
defects of form that do not compromise the genuineness, 2. RULE OF EQUAL DIVISION
authenticity and voluntariness.
Heirs of the same degree shall inherit in equal shares. Law
Cases where Court bent the rules presumes equal affection.
Nera vs. Rimando EXCEPTION TO RULE OF EQUAL DIVISION

Not required that W actually see each other affix the signatures, a. Decedent’s full blood B/S are entitled to 2x of half-blood
it being sufficient that they might have seen. B/S
b. In the ascending line, inheritance is divided between
Taboada vs. Rosal paternal and maternal lines. Within each line, the
Witnesses may sign on the left margin of the will, instead at the inheritance is divided per capita.
end. That AC fails to state the number of pages used is not fatal c. Whenever heirs inherit by right of representation,
for such number of pages is discernible from the will. representatives get only that portion which the person
represented would otherwise inherit if he were living
Icasiano vs. Icasiano and could inherit.
Omitted to sign the 3rd of 5 pages. Duplicate copy proves that
is was inadvertent and not intentional.
SUBSECTION 1 – RELATIONSHIP
Lopez vs. Liboro
Not paged either in letters or Arabic. Thumb mark is affixed Art. 963, 964, 965, 966, 967
instead of signature. No statement that T knew the language. Self-explanatory.
Samaniego-Celada vs Abena Art. 968

Error in the number of pages as stated in AC not material. ACCRETION IN INTESTATE SUCCESION

General rule: If any of the intestate heirs should be unable or
unwilling to accept, vacant portion shall not devolve to relatives REPRESENTATION IN THE COLLATERAL LINE
next in degree, but accrue in favor of co-heirs by right of 1. Only in intestate succession;
accretion. 2. Exclusive to children of B/S full or half;
Exception: If incapacitated, right of representation takes place. 3. N/N exercises ONLY if they concur with AT LEAST
ONE uncle or aunt – Thus, if by representation, they
Art. 969 inherit in representative capacity as 2nd degree
ONLY INSTANCE WHERE SUCCESSION IS PUSHED DOWN relatives. Otherwise, they inherit in their own right as
TO RELATIVES NEXT IN DEGREE collaterals in the 3rd degree relatives.
When relative nearest in degree, if there is only one, or ALL the 4. Can be barred by Art. 992
nearest, if there are several, repudiate the inheritance.
Abellana-Bacayo vs. Ferraris-Borromeo
N/N excludes other collateral relatives.
SUBSECTION 2 – RIGHT OF REPRESENTATION
REPRESENTATION OF ILLEGIT B/S
Art. 970, 971 An illegitimate B/S may be represented by his or her
CONCEPT descendants, regardless of legitimacy or illegitimacy of the
Created by fiction of law. Applicable only when disinherited, latter. Art. 992 has no application since the N/Ns are qualified to
incapacitated or predeceased. inherit from the illegitimate relatives of their father.
APPLICABILITY Art. 973

In testacy, only in cases of D-I-P. Covers only the legitime. CAPACITY TO SUCCEED
Available only in the descending line. Representative must be capacitated to inherit from decedent.
In intestacy, only in cases of I-P. Covers the full intestate share Art. 974
of person represented. Generally available in the descending DISTRIBUTION PER STIRPES
line, EXCEPT in the collateral relatives but only to children of Regardless of number of representatives, they are considered
B/S, full or half (thus, only N/N can represent). as one group. RATIO: A distribution per capita is an injustice to
those heirs who inherit in their own right.
BASIC PRINCIPLES
1. Right of representation is an exception to the rule of Art. 975
proximity; If N/N survives with uncle/aunt – by representation.
2. Representative is called to the succession by law; If N/N survives alone – in their own right, equal portions.
3. Representative DOES NOT inherit from the person
represented; Art. 976, 977
4. Representative must be capacitated to inherit from REPUDIATING HEIR MAY REPRESENT BUT MAY NOT BE
decedent; REPRESENTED
5. Adopted child may not represent his adoptive parent –
because artificial relationship created by adoption is A repudiator may represent
limited to the adopter and adopted, does not extend to Ratio: Representative inherits from decedent and not from
biological relatives of either of them. From a legal POV, person whom he represents. While he may repudiate his
adopted child is not a grandchild of the biological parent’s inheritance, it does not follow that he would be unwilling
parents of the adopter, v-v. to accept that of his grannies, by right of representation.
6. Adopted child may not be represented in the
inheritance of his adoptive parent – same reason. A repudiator cannot be represented
7. A representative only step into the shoes of the person Bow.
represented – thus, receives no more than the share
pertaining to the person represented.
8. In the descending line, the right of representation is SECTION 2 – ORDER OF INTESTATE SUCCESSION
exercisable in an unbroken chain one degree at a time
– broken by REPUDIATION. RULE OF CONCURRENCE
9. Because repudiation is a right created by fiction of law, Followed by the NCC. While LC are on top of hierarchy of
it does not take into account the wishes of the intestate heirs, they do not exclude the SS and IC.
deceased person – if T provide representation of a VH,
it is a form of substitution. IN CASE OF PARTIAL INTESTACY
Here, there is a WILL but resulted to partial intestacy.
Art. 972
REPRESENTATION IN THE DESCENDING LINE Computation process
Unlimited. Descends one person at a time in an unbroken chain 1. Check legitime as if totally testamentary. Check if L/D
until law finds a descendant who will inherit from D in is inofficious. Legitime must be preserved.
representation of the intervening persons. NOTE: Repudiation 2. Distribute L/D and legitime.
breaks the chain!

3. If there is a balance, divide the remaining under the CHILDREN CONCURRING WITH GRANDCHILDREN
rules of intestacy. • If only child or all of children repudiate, grandchildren
inherits by right of representation.
Thus, the inofficious L/D was paid, legitime preserved, balance • Right of representation stretches to further degrees, as
of estate was distributed under rules of intestacy and variance long as unbroken by a repudiator.
of shares are narrowed down.
Art. 983
ORDER OF INTESTATE SUCCESSION TO A LEGITIMATE LC CONCURRING WITH IC
DECEDENT 1 IC = ½ of 1 LC
1. LC/LD, with respect to LP/LA;
2. LP/LA, with respect to LC/LD; Art. 984
3. IC and their descendants, whether legit or not; DEATH OF ADOPTED CHILD, NO CHILDREN
4. SS; His parents and relatives by consanguinity and not by adoption,
5. Legit B/S and N/N; shall be the legal heirs – BIOLOGICAL rules (Art. 190, FC)
6. Other collaterals up to 5th degree;
7. State Adoption severe the parental authority, but no successional
rights. Both in testamentary and intestate.
ORDER OF INTESTAE SUCCESSION TO AN ILLEGITIMATE
DECEDENT Article 190 of FC
1. LC/LD, with respect to their LP; ADOPTING PARENT INHERIT FROM ADOPTED CHILD BY
2. IC and their descendants, whether legit or not; INTESTACY ONLY IN FOUR CASES
3. In default, IP;
4. SS; AP concur • BP, legit or not - legitime ½ of NE;
5. Illegitimate B/S and N/N; with BP • AP – from DFP, ½ of NE.
6. State AP concur • IC/SS – legitime ½ of NE;
with IC/SS • AP – from DFP, ½ of NE.
Note: No other collateral relatives in the 5th degree. of AC
AP concur • IC – legitime 1/3 of NE;
Difference with IC • SS – legitime 1/3 of NE;
Legitimate decedent Illegitimate decedent AND SS • AP – from DFP, 1/23 of NE.
LC/D/Adopted excludes Any descendant, legit or not AP only Entire estate
LP/A excludes IP
In all other cases, AP is excluded.
LP/LA are preferred over IC IC and their descendants
and their descendants preferred over IP
SUBSECTION 2 – ASCENDING DIRECT LINE
Succession in ascending Succession in ascending
includes LP/A limited to IP only Art. 985
ASCENDANTS AS SECONDARY INTESTATE HEIRS,
Legit B/S, N/N preferred over In collateral, succession is exclusion of collaterals
all other collaterals limited to illegit B/S N/N. no
other collaterals • LC/D excludes LP/A
• LD or ID excludes IP
Art. 986
SUBSECTION 1 – DESCENDING DIRECT LINE PARENT AS SOLE INTESTATE HEIRS
Entire estate.
Art. 978, 979
• Succession pertains, in the first place, to the BOTH PARENTS AS INTESTATE HEIRS
descending line. Equal shares.
• Without distinction
• Adopted child succeeds from adopting parents in the Right of representation N/A in ascending line.
same manner as LC
Art. 987
Art. 980 SUCCESSIONAL RIGHTS OF OTHER ASCENDANTS
INTESTATE SHARE OF CHILDREN If no parent, ascendant nearest in degree.
Children of deceased always inherit in their own right
• Division in different line – per stirpes
Note: Share of IC always ½ of 1 LC • Division in one line – per capita
Art. 981, 982

SUBSECTION 3 - ILLEGITIMATE CHILDREN In the settlement of the estate of an IC, the legitimate brothers
of his deceased mother (thus, uncle) are precluded from
Art. 988 inheriting from the IC.
ILLEGITIMATE CHILDREN ONLY
Entire estate. APPLICATION OF THE BARRIER IN THE COLLATERAL
LINE
WHO IS AN IC Corpus vs. Corpus
Children conceived or born outside a valid marriage. Conformably with the ruling in Cacho, a LC is barred from
inheriting ab intestate from an illegitimate uncle (illegitimate
Note: brother of his mother). Hence, Teodoro Yangco’s half-brothers
• IC rank third in succession of a legitimate decedent; on the Corpus side, who were legitimate, had no right to succeed
• IC rank SECOND in succession of an illegitimate to his estate under the rules of intestacy.
decedent.
• IC cannot concur with IP. Manuel vs. Ferrer
• IC excludes IP/B/S and any collateral relative A legitimate child cannot inherit ab intestate from a half-blood
brother in the illegitimate line. Thus, where the IC had half-
Del Prado vs. Santos brothers who were legitimate, the latter had no right to the
If IC only, succeeds entire estate, to the exclusion of collateral former’s inheritance, that the legitimate collateral relatives of the
relatives. mother cannot succeed from her IC…
Art. 989, 990 Leonardo vs. CA

RIGHT OF REPRESENTATION The filiation of a person may be looked into for the purpose of
A predeceased IC may be represented by his or her children, determining he qualification to inherit from a deceased person.
whether legitimate or illegitimate. The Court found from an examination of a birth certificate of the
petitioner that he was an IC and hence, barred by Art. 992 to
Art. 991 claim share in the inheritance of his great grandmother.
IC CONCUR WITH LA
IC - ½, as a group RELATIVES COVERED BY THE BARRIER
LA - ½, as a group Broadest sense – not merely to the illegitimate relatives in the
collateral line, BUT ALSO to the illegitimate relatives in the direct
Art. 992 descending line.
THE BARRIER
Creates a successional separation between members of the Diaz vs. IAC
legitimate family and those of illegitimate family. Despite grant of successional rights to IC under the NCC, the IC
CANNOT exercise right of representation in order to inherit
Coverage from their grandmother who was the legitimate mother of their
1. Intestate succession; and predeceased illegitimate father. The rules laid down in Art. 982
2. Right of representation. that “grandchildren and other descendants shall inherit by right
of representation” and in Art. 902 that “rights of IC are
Note: N/A in testamentary. transmitted upon their death to their descendants, whether
legitimate or not” are subject to limitation prescribed by Art. 992
Reason for barrier to the end that “an IC has no right to inherit ab intestate from the
Vda. De Crisologo vs. CA LC and relatives of his father and mother.”
There is a blood tie but the law does not recognize it. IC is
disgracefully looked down upon by the legitimate family; the REBUTTING THE PRESUMPTION OF ANIMOSITY
legitimate family is, in turn, hated by the IC. The latter considers No jurisprudence yet, obiter only by Justice Nachura.
the privileged condition of the former and the resources of which
it is thereby deprived; the former in turn, sees in the IC nothing Art. 993, 994
but the product of sin, a palpable evidence of a blemish upon IC DIES WITHOUT ISSUE
the family. Father and mother shall succeed entire estate.
CONCLUSIVE PRESUMPTION OF ANIMOSITY IN DEFAULT OF PARENTS

Art. 992 presumes the existence of animosity between the legit Succeeded by SS, entire estate.
and the illegit families. While blood ties exist, the law ignores
such fact. The only way the succession can flow between IF SS SURVIVES WITH B/S, N/N
legitimate and illegitimate is through testamentary succession. SS – ½
B/S, N/N - ½
BARRIER OPERATES BILATERALLY
Not only the IC barred, the legitimate relatives of parents are See page 810.
also barred from inheriting from IC.
SUBSECTION 4 – SURVIVING SPOUSE
Cacho vs. Udan

Art. 995 - 1002 General rule
SUMMARY OF SHARES Collaterals inherit only in the absence of C/D, P/A and SS.
Concurring heirs Share Exception

Art. 995 Entire estate Art. 1001 allows concurrence of B/S-N/N with SS. ½ each.
SS alone
B/S INHERIT IN THEIR OWN RIGHT
Art. 996 Equal shares Under Art. 1005, they inherit per capita.
SS with LC/LD
FULL AND HALF BLOOD RELATIONSHIP
Art. 997 ½ - SS Law presumes deeper affection for full-blood B/S as compared
SS with LP/LA ½ - LP, per capita; or LA to half-blood B/S. Thus, full-blood’s share is 2x the share of half-
divided per stirpes blood’s.
Art. 993 ½ - SS Note: Applies only in intestate. In testamentary, when T is silent

SS with IP ½ - IP, per capita as to share, shares are divided equally.
Art. 998 ½ - SS Also, N/A to step-B/S.

SS with IC ½ - IC divided equally
N/N INHERIT IN THEIR OWN RIGHT OR BY RIGHT OF
Art. 999 1 LC – SS REPRESENTATION
SS with LC and IC ½ of 1 LC – IC, reduced if • Right of representation – concur with at least one
insufficient balance *use B/S of decedent;
pointing system, but consider • Otherwise, by own right.
legitime of LC? • Rule on full and half-blood applies. Thus, N/N of the
full-blood gets 2x share of half-blood.
Art. 1000 ½ - LP, per capita; or LA per
SS with LP and IC stirpes B/S AND N/N EXCLUDES OTHER COLLATERALS
¼ - SS By order of intestate succession, for legitimate, B/S and N/N
¼ - IC, divided equally rank 5th, all others rank 6th. For illegitimate, limited to B/S and
N/N, other collaterals not on the list because of the barrier.
Art. 1001 ½ - SS
SS with B/S and/or N/N ½ - B/S, subject to right of SUCCESSIONAL RIGHTS OF OTHER COLLATERALS
representation of N/N and • Always by their own right.
subject to Art. 1006 (2x half • Without distinction as to line.
blood = full blood) • Without reference to full or half blood.
• Without considering source of property.
• Rule of proximity applies.
Note: • BUT always subject to the barrier.
• If SS concurs with grandchildren inheriting by right of
representation, the intestate share of SS is STILL SUBSECTION 6 – THE STATE
calculated on the basis of the intestate share of 1 LC.
• If SS concurs with grandchildren inheriting by their own Art. 1011 - 1014
right – SS’ share still computed as if LC survives, and STATE AS AN INTESTATE HEIR BY DEFAULT
remaining is shared equally by grandchildren State is excluded by an intestate heirs designated by law.
(Sebastian did not apply Art. 996 because the SS daw
will be disadvantaged). Ratio
Matter of necessity. There must be someone to acquire the
SUBSECTION 5 – COLLATERAL RELATIVES inheritance.
Art. 1003 – 1010 ESCHEAT PROCEEDINGS

Reversion of property to the State when there is failure of person
TWO GROUPS OF COLLATERAL RELATIVES IN legally qualified to inherit or to claim the same. Enforced through
INTESTATE SUCCESSION judicial proceedings (Sec. 1, Rule 91, ROC).
1. B/S, full or half and N/N - preferred over others.
2. All other within 5th degree JUDGMENT
If favors State:
COLLATERALS ARE NOT CH • Personal property shall be assigned to municipality/city
Not entitled to legitime. where deceased last resided in PH.
• Real property assigned to municipality/city where
COLLATERALS EXCLUDED BY CH located.

• If never resided in PH, estate shall be assigned where
the same is located.
BENEFICIARY
Exclusive to public schools and public charitable
institutions and centers in such municipality/city.
REVERSION OF ESTATE
A person who may have legal claim to estate may file claim in
court within 5 years from date of delivery to State. If able to prove
entitlement, may recover so much as may correspond to his
entitlement.
TABULAR SUMMARY OF INTESTATE SHARES
Intestate heir Concurring Shares

with
None. Equally.
LC/AC and IC and IC = ½ of 1 LC, use
their LD, descendants pointing system
excluding D of SS Equally.
AC. SS and IC SS = 1 LC
descendants IC = ½ of 1 LC
LP = equally; or LA =
None. equally per stirpes
then per capita
LP/A = ½ of NE; or LA
= ½ of NE equally per
IC and
stirpes then per
descendants
capita
IC = ½ of NE
LP/LA LP/A = ½ of NE; or LA
= ½ of NE equally per
SS stirpes then per
capita
SS = ½ of NE
LP/A = ½ of NE
SS and IC and SS = ¼ of NE
descendants IC = ½ of NE
collectively
None Equally.
IC and SS = ½ of NE
descendants SS IC = ½ of NE
collectively
None Equally.
IP IP = ½ of NE
SS
SS = ½ of NE
None Equally.
SS SS = ½ of NE
B/S, N/N
B/S, N/N = ½ of NE
Entire estate, divided
B/S, N/N None 2x of half for full
blood.
Other Equally, proximity.
None
collaterals
State Entire estate.

CHAPTER 4 – PROVISIONS COMMON TO TESTATE AND VACANCY IN THE INHERITANCE IN INTESTATE
INTESTATE SUCCESSION SUCCESSION
Affected by same contingency: predeceased, incapacitated and
SECTION 1 – RIGHT OF ACCRETION repudiation.
VACANCY IN THE INHERITANCE IN TESTAMENTARY Remedies to fill the gap

SUCCESSION 1. Right of Representation - but never in repudiation. As
a rule it is available in direct line only, except in
Causes collateral line but only in favor of predeceased or
1. Predeaceased; incapacitated B/S through the N/Ns;and
2. Incapacitated; 2. Right of Accretion
3. Repudiation
Art. 1016
Additional causes REQUISITES
1. Non-fulfillment of suspesive condition; 1. Unity of the object
2. Nullity of TD with respect to a particular beneficiary.
Only one inheritance, one legacy or one devise. Ex. T institutes
Remedies to fill the gap his friends A, B and C to the entire estate as universal heirs.
Exercisable solely by T
1. Substitution of heirs – controlled by T, no guaranty that 2. Plurality of the subjects
vacancy will be filled as when substitute is
incapacitated; Two or more persons called as voluntary heirs to the same
inheritance as co-heirs, legacy as co-legatees or devise as co-
Statutory remedies except when T prohibits accretion devisees. Does NOT apply to legitime.
2. Right of representation – not allowed in repudiation,
limited to descending and legitime, no guaranty to fill 3. Vacancy in the inheritance, legacy or devise
vacancy all; and
3. Right of accretion – last remedy, cures vacancy One or some BUT NOT ALL of the co-heirs/L/D repudiates,
unless the requisites in Article 1016 are met. predeceased or incapacitated.
Right 4. Acceptance of the inheritance by those who are to

Vacant portion is added or incorporated to the portions allotted benefit from accretion
by T to such heir, co-legatee or co-devisee.
At least one co-heir/L/D is capacitated to accept and in fact
Ratio accepts the inheritance.
Law presumes that it is T’s intention to add or incorporate to the
shares/specific property of the co-heirs, co-legatees or co- 5. Non-earmarking of shares
devisees that aliquot portion/specific property of the estate, to
the exclusion of others. Respective shares are not earmarked such that when they
receive the same, they shall become co-owners thereof pro-
Prohibition of accretion by T indiviso.
T can countermand the application of the right of accretion by
expressly prohibiting the same. Note: Objective of the right of accretion in T succession is to
prevent the onset of intestacy.
Renunciation of accretion by heir/L/D
First view: does not have right to renounce of repudiate Art. 1017
because inheritance is a unitary object that cannot be divided CONCEPT OF NON-EARMARKING
into parts. Thus, cannot accept one part and reject the other. Though designating an aliqout part, do not identify it by such
(Runs counter with L/D may accept the onerous part and description as shall make each heir the exclusive owner of
repudiate the gratuitous) determinate property.
Second view: In order to invoke the right of accretion, necessary that T

designated the co-heirs/L/D in such a manner that they would
Third view (Sebastian): has right to accept or reject the accrual make them co-owners pro-indiviso of the inheritance/specific
both in testate in and intestate. Consistent with Art. 1015 which property. T must not have partitioned the inheritance.
defines accretion as a right – not an obligation. Also, under Art.
1041, the acceptance or repudiation of the inheritance is an act In short, NO SPECIFIC OR DEFINITE PART OR PORTION as
which is purely voluntary and free. Also, under Art. 1044, any to make such claimant the absolute owner of such part or
person having the free disposal of his property may accept or portion.
reject an inheritance.
Earmarking of hereditary shares

“One half for each” or “in equal shares” or any other expression Accretion shall also take place among devisees, legatees and
– do not identify it by description as shall make heir exclusive usfructuaries under the same conditions established for heirs.
owner of the determinate property – will not prevent accretion.
Thus, a heir given usufructuary can invoke the right of
In short, effect must be co-ownership to qualify for accretion. accretion.
Art. 1018
ACCRETION IN INTESTACY SECTION 2 – CAPACITY TO SUCCEED BY WILL OR BY
One who repudiates, share accrues to co-heirs. INTESTACY
Basic principle that accretion in intestacy is intended to complete Art. 1024

the distribution of estate among the intestate heirs. WHO MAY SUCCEED
Any person not incapacitated by law.
Qualifications to Art. 1018
When repudiated do not always accrue to co-heirs. Not always CAPACITY TO SUCCEED
because if the repudiator were compulsory heir, accretion does Person is presumed to possess capacity to succeed unless
not apply to the legitime. there is a law that states otherwise.
Under Art. 1021, should the part repudiated be the legitime, the ABSOLUTE OR RELATIVE CAPACITY
other co-heirs shall succeed to it in their own right and not by the Absolute – incapacitated under any circumstance;
right of accretion. Relative – incapacitated to succeed from a particular decedent
or to inherit particular property.
One important limitation of the right of accretion is that it
does not apply to legitime. THREE TYPES OF INCAPACITY
1. Incapacity by reason of undue influence;
Art. 1019 2. Incapacity by reason of public policy or morality;
PROPORTIONATE DISTRIBUTION AS THEY INHERIT 3. Incapacity by reason of worthiness.
Heirw whom the portion goes by right of accretion take it in the
same proportion that they inherit. Note that this must be based Art. 1025
on distribution of DFP, exclude the legitime. ESSENTIAL ELEMENT OF CAPACITY TO SUCCEED
Existence of the H/L/D at time of the death of decedent. IN
Art. 1020 SHORT, living at time of T or decedent’s death. Thus, the
ACCRETION CARRIES WITH IT THE OBLIGATIONS following are not capacitated:
The right of accretion includes the right and the corresponding a. Predeceased the T or decedent;
obligation attached to the disposition (ex. Conditions, modal, b. Those yet to be conceived at time of death.
etc.).
Note: Conceived child is deemed born for all purposes favorable
Art. 1021 (Art. 40 of NCC).
ACCRETION DOES NOT APPLY TO LEGITIME
In case of vacancy not cured, the CH who will receive the vacant Art. 1026
portion of the legitime shall receive it in their own right as CAPACITY OF JURIDICAL PERSONS AND
additional legitime. (Usual computation applies) UNINCORPORATED ENTITIES TO SUCCEED
• State and political subdivisions.
ACCRETION WITH RESPECT TO VACANCY IN THE DFP • Organizations or associations for religious, scientific,
Usual computation as well. Proportion rate shall be based on educational or charitable purposes (Art. 1026
DFP (based on the ORIGINALLY instituted share in DFP), specifically confers upon them capacity to succeed,
exclude the legitime. although NOT incorporated). Here, T may establish
testamentary trust and endow it with funds to establish
Art. 1022 an institution. The requisite capacity to succeed will be
INTESTACY FOLLOWING A FAILURE OF ACCRETION IN supplied by the trustee.
TESTAMENTARY SUCCESSION
Law on intestate succession applies. Vacant portion shall pass Art. 1027
to the legal heirs of T. However, the recepient are nonetheless INCAPACITY BY REASON OF UNDUE INFLUENCE
bound by any charge or obligation which T imposed on the Possibility that the incapacitated heir might have exerted undue
vacant portion. and improper pressure and influence to T when latter executed
the will.
Accretion in intestate succession ensures that the entire estate
is distributed to the intestate heirs. CAUSES
1. The priest and the minister of the gospel, premised
Art. 1023 on the CONFESSION during the last illness.
ACCRETION AMONG USUFRUCTUARIES

• Vulnerable to insinuations. Priest might have Declares void the Declares the attesting
abused his moral ascendancy, in exchange for the testamentary gift witness incapacitated
salvation of T’s soul. Ratio: Witness could impair Premised on the possibility
• Premised on confession – not on any other form of his credibility as witness that the witness exerted
spiritual assistance during T’s last illness. Need undue influence
not be the last confession. Exception: when there are No exception
• Lapse of time between confession and death will other 3 witnesses
not obliterate capacity. UNLESS, T recovers and
can intelligently reflect on the gift. Exception under Art. 823 is useless because of the unqualified
• CANNOT BE INVOKED IN: disqualification in Art. 1027. How to resolve conflict? BASTE:
o Priest ministered other spiritual needs, Amend the law.
other than hearing his confession.
o Priest insinuated that T give his IC, 5. The physician, nurse or druggist who took care of
servant or friend, UNLESS proved to T during the last illness
have exerted undue influence. • Physician, surgeon, nurse, HO or druggist who
o Will executed before confession. took care of T during his last illness.
• VALID DISPOSITIONS: • “Have taken care” means continuing delivery of
o Appoints priest as executor or medical and/or health care services – NOT in
designating as guardian of minor isolated consultation. Thus, a temporary nurse
children; during the last days is not barred.
o Payment of debt owing to the priest; • Need not be licensed practitioner – thus,
o Remuneratory L/D to priest but in caregivers are covered.
recompense for past meritorious service. • Time of execution – DURING the last illness or
• For minister of gospels, any spiritual aid to T continuance of service or SHORTLY
during his last illness. THEREAFTER.
• NOT COVERED: Catholic deacon, nun, brother or • CH are not covered by the disqualification with
catholic lay ministers = NOT PRIESTS. respect to the LEGITIME; thus, CH is barred from
getting from the DFP by testamentary disposition,
2. Relatives of the priest and minister of the gospel unless premised upon meritorious services which
• Relatives of priest by consanguinity within the 4th are sought to be recompensed.
civil degree. • Covers only testamentary gifts – not to order
• Law is silent as to the spouse of mistress of the executor to pay the professional fees.
priest/minister.
• Incapacity extends to the church, religious order, Art. 1028
chapter, community, organization or institution to INCAPACITY BY REASON OF MORALITY AND/OR PUBLIC
which the priest/minister of the gospel belongs. POLICY UNDER ART. 739
A person who may not give to or receive donation from each
3. The guardian other may not give to or receive testamentary gifts from each
• Incompetence of the ward is the legal basis of other.
guardianship.
• Types of guardian: legal or judicial. 1. Disposition in favor of the mistress or paramour –
• Art. 1026 refers to the judicial guardian, both to immoral and scandalous nature. Prior conviction f
guardian over the person of the ward, as well as adultery and concubinage NOT necessary. Only
the guardian over the latter’s property. proved by preponderance of evidence in the probate
• Will was executed during the continuance of proceedings.
guardianship.
• IN SUM, a judicial guardian is incapable of 2. Disposition in favor of a co-conspirator – convicted
receiving from a ward under a will that was person in the same criminal offense, if the disposition
executed during the continuance of the is in consideration of the participation of the co-
guardianship. conspirator in the crime. Disqualification is effective
• DOES NOT APLLY when will made after upon disqualification. If reciprocal CH – not applied to
termination of guardianship (“final accounts” legitime. Necessary that cause of institution be stated,
submitted to court). otherwise, speculative.
4. The attesting witness, his or her spouse, parents, 3. Disposition in favor of a public officer, his or her
or children, or anyone claiming under such spouse, descendants and ascendants – by reason
witness, spouse, parents or children of the PO’s office. Ratio: to deter bribery. Includes
appointive and elective, permanent or temporary.
Art. 823 vs. Art. 1027 Unlawful cause must be stated in the will, otherwise,
Art. 823 Art. 1027 speculative.

SEBA: Possible that cause will not be stated so as not to nullify
the disposition. Thus, validity of a will to a PO should be upheld • Abandonment of a child need not be a case of
UNLESS an immoral or illegal cause for such disposition can be criminal abandonment. Only COMPLETE
found somewhere in the will. NEGLECT of parental duties.
• Inducement to lead a corrupt and immoral life
Art 1029 includes the SON as well. Arises even if the child
INSTITUTION OF THE SOUL FOR PRAYERS OR PIOUS resisted.
WORKS
Ultimate beneficiary = T’s soul. 2. Attempt against the life of T, his/her spouse, D, A
Requisites • For attempt on the life – must be convicted by final

1. Disposed the whole or a part of his estate, in judgment either lifetime or after death of T or
GENERAL TERMS, for prayers and pious works; decedent. Not incapacitated when:
2. Intended to be for the benefit of his soul; o Acquitted because of reasonable doubt;
3. No particular person is charged or burdened with the o Dismissed due to failure to prosecute;
fulfillment of the directive; o Dismissed on ground of prescription;
4. Did not make a particular person who will carry out the o Heir dies before judgment rendered by
instruction; court, even if strong evidence of guilt.
5. Did not specify the nature of the prayers and pious
works. 3. False accusation of crime with penalty of 6 years
and 1 day or more, when found groundless;
EFFECT
½ delivered to the church where T belong; ½ to State to be used • T must be acquitted
exclusively for PUBLIC schools and PUBLIC charitable • If T’s acquittal is based on reasonable doubt, the
institutions and centers. accusation made by the offender cannot be
considered groundless.
If T designated a person to implement OR identified the specific • Accusation may be indirect – damaging testimony
pious works, Art. 1029 does not apply. Person designated shall
determine the application of the property. 4. Having knowledge of violent death of T, failed to
report to office of law within a month, unless
Art. 1030 authorities already taken action
CLASS INSTITUTION
Not delegation of testamentary power, only delegation of power • Requisites:
of implementation. o At least 18
o Aware of the violent death
POOR IN GENERAL o Failed to report within 30 days
In favor of the poor in general without designation – poor living o There is a legal obligation to make an
in the domicile of T at time of death. accusation
WHO IMPLEMENTS? 5. CONVICTED OF adultery or concubinage with

1. Person designated; spouse of T
2. Executor;
3. Majority vote by justice of peace, mayor and municipal • Incapacity applies only to the paramour, premised
treasurer. upon criminal conviction.
• Guilty spouse may be disinherited by giving cause
All with required approval by court. for legal separation
Art. 1031 VIOLATIONS OF TESTAMENTARY PRIVILEGES OF T

DISPOSITION IN FAVOR OF DISQUALIFIED PERSON IN
THE GUISE OF AN ONEROUS CONTRACT 6. The heir, through fraud, violence, intimidation or
Void. Fact must be proved, never presumed. undue influence:
a. Caused T to write a will;
NOTE: Applies only to disqualification under Art. 1027 and 1028. b. Caused T to change a will;
NOT in Art. 1032, because disqualification for unworthiness is c. Prevented T from making a will;
without effect if T had knowledge of unworthiness and d. Prevented T from revoking a will.
nevertheless, executed a disposition in favor of the disqualified
person = condonation. 7. Heir supplanted concealed or altered T’s will;
Art. 1032 8. Heir falsified or forged the supposed will.

INCAPACITY BY REASON OF UNWORTHINESS
1. Abandonment, induced daughter to lead a corrupt EFFECT
or immoral life, attempt on virtues • Offender gets nothing whether by testate or intestate.

• If offender is CH, deprived of legitime. 1. For attempt on life, false accusation and adultery and
• DISINHERITANCE for CH only; INCAPACITY for both concubinage – determination of capacity must be
CH and VH. DEFERRED until the final judgment of the conviction of
the unworthy heir or acquittal of T in case of false
NATURE OF DISQUALIFICATION accusation.
Outrageous acts, sufficient to make offender unworthy of the 2. In case when institution is conditional, qualification
decedent’s generosity. must be determined BOTH at time of death, and time
of fulfillment of suspensive condition.
FIVE GROUNDS SAME WITH DISINHERITANCE
Effect: If T failed to disinherit, the law nonetheless intervenes by Art. 1035
excluding the offender from the inheritance of T or decedent by REPRESENTATION OF THE INCAPACITATED HEIR UNDER
reason of unworthiness. ART. 1032
Incapacitated person here is a child or descendant of Y, a CH.
Art. 1033 The fault of offender should not be attributable to his child.
CONDONATION OF UNWORTHINESS COVERS LEGITIME ONLY.
Power to pardon the unworthy heir through express or implied
condonation. If intestate, covers the full intestate share.
IMPLIED CONDONATION PERSON EXCLUDED SHALL NOT ENJOY THE USUFRCUT

Requisites OR ADMINISTRATION OF THE PROPERTY INHERITED BY
1. T has knowledge of the facts which render offender CHILDREN BY REPRESENTATION
incapacitated; While his unemancipated children will take his share, the
2. T nonetheless executes a will and makes provision for incapacitated person will not enjoy the usufruct of the property
offender; received by his unemancipated children, nor shall be entitled to
3. Will admitted to probate (suspensive condition). exercise powers of administration.
• Knowledge of offense is NOT EQUAL to forgiveness. Art. 1036

• Revocation of the will carries with it REVOCATION OF VALIDITY OF ACTS PRIOT TO THE DECLARATION IF
THE IMPLIED CONDONATION. INCAPACITY
Alienations made by an excluded heir, before judicial order of
EXPRESS CONDONATION exclusion, are valid to third persons who acted in good faith; but
Requires a written document. Need not be notarized; nor the co-heirs shall have a right to recover damages from the
conform with the formalities of a will. Must be executed disqualified heir.
subsequent to the commission of the offense.
Thus, lease and sale contracts are valid even though heirs
The fact that T did not revoke a prior disposition is not sufficient executed the same acted in bad faith and were eventually
basis for condonation. incapacitated, as long as third persona acted in good faith.
Lessee cannot be evicted. However, the incapacitated heir is
RECONCILIATION AND CONDONATION liable for damages caused to the other co-heirs, actual and
Where ground is covered by both disinheritance and incapacity, consequential damages (rental price and unrealized profits).
the CH must be able to prove BOTH reconciliation and
condonation. Reconciliation is a restoration of mutual feelings; Art. 1037
condonation means forgiveness. EXPENSES OF EXCLUDED HEIR FOR PRESERVATION OF
PROPERTY
ARE BOTH REALLY REQUIRED? Excluded or incapacitated heir may seek reimbursement:
Tolentino, BASTE agrees to this proposition: If father chose to • Necessary expenses for preservation;
disinherit, he submits to provisions of Art. 922, thus, to restore • Useful improvements, if cannot be removed.
successional rights = reconciliation. If chose not to disinherit, • BUT NOT expenses for mere pleasure or pure luxury.
only condonation.
Art. 1038
EFFECT OF CONDONATION UNAUTHORIZED POSSESSION BY INCAPACITATED
Obliterates the unworthiness of the heir as though the cause PERSONS
thereof never existed. Restored to successional rights. Conclusively a possessor in bad faith. Obliged to surrender with
its accession to the lawful heirs. NOT only accessions, but also
Note: GENERAL condonation is insufficient. Each offenses unrealized income which could have been earned through
must be specifically forgiven. exercise of due diligence.
Art. 1034 Art. 1039

DETERMINING PERIOD OF INCAPACITY CAPACITY TO SUCCEED IS GOVERNED BY LAW OF
General rule: at time of death. NATION OF DECEDENT
Thus, national law of decedent governs the following:
Qualifications: 1. Order of succession;

2. Amount of successional right; transmitted, thus, there is nothing to accept or
3. Intrinsic validity of dispositions, in case of testamentary repudiate.
succession; • H/L/D must survive the decedent.
4. Capacity of heirs to succeed. • Qualification of H/L/D is determined only upon death.
Art. 1040 2. Certainty of right to the inheritance.

ACTION FOR DECLARATION OF INCAPACITY AND
RECOVERY Right to inheritance is affected by certain circumstances:
Action for judicial declaration of incapacity of the taker; and the • After payment of taxes and obligations, contingent
recovery of the property from the taker, together with the fruits, upon availability of assets.
interest and accession, plus damages. • In testamentary, will must first be admitted to probate.
• In intestate succession, a relative must first be
PRESCRIPTIVE PERIOD ascertain that he/she is called to succession.
5 years from time incapacitated person took possession.
Art. 1044
PROPER PARTIES CAPACITY TO ACCEPT OR REPUDIATE
1. Substitute, if there is any; As long as it possesses the free disposal of his property (right to
2. Child or ascendant of offender, by virtue of right of freely alienate his property).
representation.
3. One who stands to benefit by right of accretion; MINORS AND OTHER INCAPACITATED PERSONS
4. In default of the three preceding, the intestate heirs of Who? Those who may not enter into transactions or legal
decedent, subject to order of intestate succession; relations without the assistance of a legal representative.
5. During proceeding for settlement of estate, the
administrator or executor, may, prior to termination of How?
such proceeding, bring an action to recover the • Acceptance – may be made by guardian;
property. • Acceptance, and inheritance is burdened with
obligation – judicial authorization is required;
• Repudiation - judicial authorization is required.
SECTION 3 - ACCEPTANCE AND REPUDIATION OF
INHERITANCE Ratio: Do everything FAVORABLE to their children, but
NOTHING which will impose obligation on them.
Art. 1041
ACCEPTANCE OR REPUDIATIONIS PURELY VOLUNTARY Guy vs. CA
AND FREE Parents and guardians may not repudiate the inheritance of their
No person may be compelled to accept or reject an economic wards without judicial approval. This is because repudiation
benefit against his will. amounts to an alienation of property which must pass the court’s
scrutiny in order to protect the interest of the ward.
Consent; vitiation
1. Free – violence, intimidation and undue influence; ACCEPTANCE OF INHERITANCE LEFT TO THE POOR IN
2. Intelligent – mistake; GENERAL
3. Spontaneous – fraud. Who may accept?
1. Designated by T;
Art. 1042 2. In default, executor;
RETROACTIVE EFFECT OF ACCEPTANCE OR 3. In default, committee composed of municipal/city
REPUDIATION mayor, treasurer and judge of MTC.
Rights of succession transmits upon death. BUT effectivity is
suspended until appropriate time for H/L/D to accept of Has power to accept but no power to repudiate. Repudiation is
repudiate the same. Upon acceptance, they become owners vested to individuals identified as beneficiary.
retrospectively from moment of death.
Art. 1045
Ratio for retroactive effect ACCEPTANCE OF INHERITANCE LEFT TO
To avoid a vacuum in the ownership. CORPORATIONS AND OTHER ENTITIES
Art. 1043 Acceptance

ESSENTIAL REQUISITES OF ACCEPTANCE AND • Power to accept is vested to BOD/T - resolution is
REPUDIATION sufficient;
• Unincorporated – SPA by members sufficient for the
1. Certainty of death; purpose.
Ratio Repudiation
• Succession opens upon death. Prior thereto, there is
no inheritance to speak of, thus, there is nothing to be

• Requires judicial approval because creditors should be Acceptance is nothing more than a confirmation of the
protected. transmission of the NE; Repudiation bars the transmission.
Art. 1046 1. Repudiation could have material adverse effect on the

PUBLIC OFFICIAL ESTABLISHMENTS patrimony of the repudiating heir; creditors may be
• Not bureaus and agencies. prejudiced; family may not be given sufficient support;
• These are non-governmental functions such as 2. Results in vacuum which triggers the substitution,
national museum, public library, etc. accretion or intestacy.
• Accepted through agency of gov’t to which they
are attached. REPUDIATION vs. DISINHERITANCE vs. PRETERITION
Art. 1047 REPUDIATION DISINHERITANCE PRETERITION

MARRIED WOMAN MAY REPUDIATE WITHOUT Cause
HUSBAND’S CONSENT CH - deliberate T - deliberate CH in direct line is
Furthers, FC allows a married woman to accept inheritance of a and voluntary excludes CH TOTALLY
stranger. excludes himself because of grave excluded –
offense unintentional
Why no need husband’s consent? Extent of exclusion
Because if accepted, it DOES NOT form part of the community Generally total Total. Total.
property. Husband has no legal or economic interest. XPT Art. 954, 955
and 1055
Art. 1048 Right of representation
ACCEPTANCE BY DEAF-MUTES N/A Available in None. Preterited
• Those who can read and write can, personally or descending line – heir entitled to full
through agent. LEGITIME ONLY recovery.
• Who can’t – only through a judicial guardian. and subject to Art.
Repudiation with judicial authorization. 992
Recovery
Art. 1049 None. Irrevocable Legitime only, Available. At
FORMS OF ACCEPTANCE unless vices of subject to Art. 992 least, legitime.
consent
EXPRESS AND TACIT Application
• Express – writing, private or public instrument. Ex. Testate and Testate only Testate only
Notarized self-adjudication, deed of partition. intestate
• Tacit – acts with intent to accept. Ex. accepted legacy
in cash and used it to purchase. Art. 1052
Acts of mere preservation do not imply acceptance. REPUDIATION WITH PREJUDICE TO CREDITORS
Creditors may petition to court to authorize them to accept.
Art. 1050 Coverage
WHEN DEEMED ACCEPTED Covers only to the extent to cover the credits.
Non-exclusive list Excess

1. Heirs alienates his right to stranger or co-heirs; Excess will be distributed by law – substitution, accretion,
2. Heir renounces the same, even though gratuitously, for intestate distribution.
the benefit of one or more co-heirs – deemed to have
accepted, then donated; Ratio
3. Renounces for a price in favor of all co-heirs Cannot adversely affect the creditors.
indiscriminately; EXCEPT if gratuitous and renounced
in favor of those who may receive it by virtue of Requisites
accretion, not deemed accepted. 1. Creditor has a valid and lawful claim against the
repudiator
Art. 1051
FORMS OF REPUDIATION Leviste vs. CA
1. Execution of a PUBLIC or authentic document - Contingent attorney’s fees are not claims of creditor. The
example of authentic – holographic will admitted to amount is simply basis for the computation of fees.
probate.
2. Succession has opened
2. Filing of a petition before the probate/intestate 3. Successional rights of the repudiator is duly
court - court can examine the effects to third persons. established – will must have been admitted to probate,
expenses and debts [aid and capacity is confirmed.
RATIO ON DIFFERENCE IN FORM OF ACCEPTING AND
REPUDIATING

4. Repudiator must have free disposal of his property SECTION 4 – EXECUTORS AND ADMINISTRATORS
– no legal constraint in disposing property.
5. Repudiated inheritance must have not been SECTION 5 – COLLATION
distributed with finality
6. Creditor must prove that the repudiation of the Art. 1061
inheritance caused him damage – competent COLLATION AS AN INTEGRATED SOLUTION
evidence; an extended credit after repudiation is not a NOTE: Only applies when there is CH.
VALID CLAIM against the repudiation because cannot
be prejudiced. PROCESS
7. The recovery of the creditor is limited to the 1. Collation of donation – bringing back to NE the
amount if his claim donations to determine THE.
2. Determination of W/N the donations are inofficious
Art. 1053 – using the THE, calculate the legitime in order to
DEATH BEFORE ACCEPTANCE OR REPUDIATION ensure preservation. Balance is DFP, from which
Right will be transmitted to his heirs. Example: A grandfather, B donations shall be honored. Donations exceeding DFP
father, C child. shall be reduced or abated.
3. Imputation of donation – charging the donation to the
A (P100) died, B is the sole heir. B (P200) dies before legitime if done is a CH or DFP if stranger or non-
acceptance/repudiation. Thus, C inherits from B. B’s right to collationable.
accept or repudiate is transmitted to C. 4. Restitution of inofficious donation – if donations
exceeds DFP, and thus impaired legitime. MORE
a. If C accepts both inheritance of A and B, he gets P300; RECENT DONATIONS ARE REDUCED.
b. If C accepted B but repudiates A, he gets P200;
c. If C repudiates B, he gets nothing – because C did not PURPOSE OF COLLATION
inherit from A, but B. Right to accept A’s inheritance 1. Preserve the legitime
forms part of B’s estate. Note that C is not an heir of A. • Collation is relevant only when CH succeed;
C ONLY GETS FROM B. • Likewise irrelevant id the done is the sole CH
– no risk that legitime be impaired; nothing to
Art. 1054 equalize.
SEVERAL HEIRS, SOME MAY ACCEPT/REPUDIATE
Free and voluntary. Thus, plurality does not require the 2. Achieve quantitative equality – thus, every donation
collective acceptance or repudiation. Effect: creates a partial is charged ot legitime, unless non-collationable.
vacancy.
TWO CONCEPTS OF COLLATION
Art. 1055 1. As a notional accounting process – return of the
DRAG-ALONG REPUDIATION IN MIXED SUCCESSION value only, not physical return.
Person called to inheritance BOTH by will and ab intestato. 2. Concept of returning the property to the donor’s
• Repudiates as testamentary heir = repudiated in both estate – merely inferred when inofficious.
capacities;
• Repudiates as intestate heir, without knowledge of Art. 1062
being testate heir, may still accept the latter. WHEN NOT COLLATIONABLE
• Donor expressly provided;
Rule: He who repudiates an inheritance based on the presumed • Done repudiates the inheritance, unless donation is
will of the decedent is not precluded from accepting an inofficious.
inheritance based on the express will of the testator.
However, when non-collationable, still charged to DFP and not
Art. 1056 to legitime, provided the donation is not inofficious.
ACCEPTANCE/REPUDIATION IRREVOCABLE
EFFECT OF REPUDIATION
General rule: Once made, irrevocable because once made, it If donee (CH) repudiates the inheritance, still collated to
already produces legal effect. determine legitime. However, the donation shall be charged to
Exceptions: the DFP, treated as though he was a stranger.
• Vitiated acceptance or repudiation
• Appearance of an unknown will IMPORTANT NOTE: Spouse DO NOT collate donation from
his/her spouse because the donation is void. DO NOT collate
Art. 1057 also from others, because it forms part of his/her exclusive
TIME TO ACCEPT OR REPUDIATE AN INHERITANCE property.
Within 30 days from order of distribution of estate. Failure of
such, an heir is deemed accepted the same upon expiration of TREATMENT OF COLLATIONABLE AND NON-
30-day period. COLLATIONABLE DONATIONS WITH REPUDIATION
1. Account for all donations – check if DFP can satisfy
all donations chargeable to it.

2. Charge the NC donations to DFP EXPENSES FOR SUPPORT ARE NOT COLLATIONABLE
3. Account for all COLLATIONABLE donations – GIFTS
recalculate THE, adding only the collationables. Support is both a right and obligation.
4. Distribute, deduct collationable donation from the
share of the heir. BILATERAL OBLIGATION TO SUPPORT EACH OTHER
1. Spouses;
VARIANTS OF COLLATIONABLE DONATIONS 2. LA/LD;
Anything, other than by way of support. It can be: 3. Parents and their LC and grandchildren;
• Donation inter vivos; 4. Parents and their IC and grandchildren;
• Donation propter nuptias; 5. Legitimate B/S, full or half;
• Remission of debts; 6. Illegitimate B/S, full or half.
• Renunciation of inheritance in favor of specified
persons; AS TO MEDICAL EXPENSES
• Sums paid by parents for outstanding debts of a child. Not collationable even in extraordinary illness. EXCEPT, if for
cosmetic surgery, purely for vanity = gift, thus, collationable.
PERSONS RESPONSIBLE TO COLLATE
Art. 1068
GR: Donee. The heirs cannot be made to account for a donation COLLATION EXPENSES FOR EDUCATION
which would have otherwise been collationable by the done in Generally, not collationable. Obligation of parents to provide
the settlement of estate of the donor. education is based on the FINANCIAL RESOURCES of the
family, not the social standing.
Exceptions: Art. 1064 – Grandchildren exercising right of
representation When collationable:
1. Parent provides that such is collationable;
Thus, a donation given by a father to his daughter who 2. Impaired the legitime.
predeceased him is NOT collationable by the SS of the
predeceased daughter. Why? Art. 1069
1. Son-in-law is not the donee; OTHER COLLATIONABLE DONATIONS
2. Son-in-law is not a CH; Satisfaction of debts of child, election expenses, fines and
3. As SS, son-in-law not accorded right to represent his similar expenses. INCLUDES cost of legal services.
predeceased wife.
Art. 1070
Art. 1063 WEDDING GIFTS
PROPERTY LEFT BY WILL Exclusive to jewelry, clothing and outfit. Non-collationable to the
Not subject to collation. There is nothing to bring back because extent of 10% of DFP. Excess is chargeable to legitime.
the property has not left the estate.
Ratio on limitation
LEGACY AND DEVISE Meant to protect the rights and interest of other children of the
GR: Charged to DFP, provided legitime is not impaired; donor.
XPT: Otherwise provided by T.
WEDDING GIFT vs. DONATION PROPTER NUPTIAS vs.
Art. 1064 ORDINARY DONATION
WHEN GRANDCHILDREN INHERIT BY RIGHT OF
REPRESENTATION Donation propter nuptias (Art. 82)
• Only get the share which would have otherwise 1. Made BEFORE the celebration;
pertained to the D-I-P parent. Therefore, any donation 2. Made in consideration of marriage;
received by their parent shall be brought to collation 3. In favor of one or both future spouses.
and charged to legitime.
• If grandchild himself receives donation from the WEDDING GIFT UNDER ART. 1070
grandparent, collated also but charged to DFP. 1. Gift of a parent to a child, or by ascendant to
descendant;
Art. 1065 2. Jewelry, clothing or outfit;
PARENTS DO NOT COLLATE THE DONATIONS TO THEIR 3. Given in consideration of marriage.
CHILDREN
Burden of collation is personal to donee. ORDINARY DONATION
No specific occasion.
Art. 1066
DONATION TO SPOUSE OF CHILD DONATION PROPTER NUPTIAS vs. WEDDING GIFT
Collated, charged to DFP, as stranger. However, if donated
jointly to both spouses, collate only ½ to legitime, ½ to DFP. DONATION PROPTER WEDDING GIFT
NUPTIAS
Art. 1067 Anything of value Jewelry, clothing or outfit

Donor could be anyone Donor must be parent or
ascendant
Given to either spouse Given to the child or
descendant
Given BEFORE celebration Given BEFORE or AFTER
Collationable in full, except Non-collationable to the
when declared NC extent of 10% of DFP of NE
of donor
Art. 1071
COLLATION OF VALUE
Only the value is brought to collation. Done retains ownership.
Collation of value refers to value AT TIME OF DONATION.
Thus, any increase or decrease of value is for the account and
risk of the donee.
WHEN OBJECT LOST/EXTINGUISHED

Donee still obligated to bring back the value. Cash
reimbursement is the only possible settlement.
Art. 1072
COLLATION OF DONATION MADE BY JOINT DONORS
Assumes those donated by parent to their children forms part of
community property. Thus, ½ collated to father, ½ collated to
mother.
Art. 1073, 1074

QUALITATIVE EQUALITY
As far as practicable, the donee’s co-heirs shall, in the partition,
receive property of the same kind, nature, class and quality as
that given as donation. Consider income potential of properties.
No hard and fast rule.
Art. 1075
FRUITS AND INTEREST OF PROPERTY SUBJECT OF
COLLATION
(BASTE DISAPPROVES) Applies when inofficious, and
required to return. Reckoning period: donor’s death.
Art. 1076
REIMBURSEMENT TO THE DONEE
(BASTE DISAPPROVES) Premised on the physical return.
Necessary and useful expenses.
Art. 1077
DISTRIBUTION OF NET ESTATE SHOULD NOT BE
DELAYED
Distribution of estate should not be interrupted by unresolved
issues pertaining to collation. However, the done who resists
collation must provide adequate security to those who insist on
it.
SECTION 6 – PARTITION AND DISTRIBUTION OF ESTATE

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SUCCESSION capacity (NHA case, remember “NEXT

Midterms PERSON” ruling).

CHAPTER 1 – GENERAL PROVISIONS Analysis

c. Transmission of obligations Observations/reservations in vda. De Cabalu ruling

CASTILLO, Roman George P. | DLSU College of Law 1

CASTILLO, Roman George P. | DLSU College of Law 2

CASTILLO, Roman George P. | DLSU College of Law 3

Art. 779. Testamentary succession is that which results from the

Art. 780. Mixed succession is that effected partly by will and

TESTACY IS PREFERRED OVER INTESTACY.

CASTILLO, Roman George P. | DLSU College of Law 4

CHARACTERISTICS OF A WILL Making of a will is strictly personal act.

1. Statutory right – not natural, conferred by law WHEN TESTAMENTARY IN CHARACTER?

CASTILLO, Roman George P. | DLSU College of Law 5

DEFECTIVE TESTAMENTARY DISPOSITIONS Even without provision on future property, may

CLASSIFICATION OF DEFECTS DEVISE OR LEGACY

REMEDIAL MEASURES Exceptions

Art. 788 RULES AS TO FORMAL REQUIREMENTS

Art. 793 Art. 796, 797, 798

CASTILLO, Roman George P. | DLSU College of Law 6

Art. 799 shall not be construed as the measurement of a PURPOSE

PRESUMPTION OF SANITY ADDITIONAL TD AFTER THE SIGNATURE

CASTILLO, Roman George P. | DLSU College of Law 7

ATTESTING VS. SUBSCRIBING Liberal interpretation:

Attestation a. Location of the page is not material so long as there is

Subscription 8. The will must contain an attestation clause

CASTILLO, Roman George P. | DLSU College of Law 8

9. The will must be acknowledged before a notary Alvarado vs. Gaviola

ACKNOWLEDGMENT MUST BE MADE BY TESTATOR AND LIBERAL INTERPRETATION - REQUISITES

WHEN TESTATOR IS DEAF, DEAF MUTE Caneda vs. CA

CASTILLO, Roman George P. | DLSU College of Law 9

NOTES Art. 813

INCOMPLETE DATE INSERTION, CANCELLATION, ERASURES OR

Exceptions: if contested, at least 3 witnesses. Art. 815, 816, 817

Notarial vs. Holographic JOINT WILLS EXECUTED BY FILIPINOS IN A FOREIGN

CASTILLO, Roman George P. | DLSU College of Law 10

SUBSECTION 4 – WITNESSES TO WILLS NATURE OF PROHIBITION

SUBSEQUENT INCAPACITY Art. 825

CASTILLO, Roman George P. | DLSU College of Law 11

REQUISITES EXPRESS AND IMPLIED REVOCATION

Art. 828 MUST BE CONSISTENT WITH NOTION OF REVOKING A

Art. 829 REQUISITES OF REVOCAYION BY OVERT ACT

• Needs no affirmative action. PARTIAL REVOCATION BY MEANS OF OVERT ACT

CASTILLO, Roman George P. | DLSU College of Law 12

TOTAL OR PARTIAL IMPLIED REVOCATION 2. Will is formally valid but revoked

INOPERATIVE REVOKING WILL REPUBLICATION VS. REVIVAL

Art. 833 REVIVAL OF WILLS

RECOGNITION OF ILLEGIT CHILD IN A REVOKED WILL SUBSECTION 8 – ALLOWANCE AND DISALLOWANCE OF

CASTILLO, Roman George P. | DLSU College of Law 13

Requisites: TWO MODES OF DISPOSITION

CASTILLO, Roman George P. | DLSU College of Law 14

Art. 841 Art. 846

WILL VALID EVEN IF: WHEN NO SHARES DESIGNATED

VACANCY IN INHERITANCE COMPUTATION

NO COMPULSORY HEIR Effect

Art. 844 JUSTIFICATIONS OF SECOND APPROACH

Art. 845 Dizon-Rivera vs. Dizon

CASTILLO, Roman George P. | DLSU College of Law 15

INTESTATE RULE Art. 854

Art. 849 Purpose: To protect the legitime of the CHs.

T CALLS TO SUCCESSION A PERSON AND HIS CHILDREN REQUISITES

CASTILLO, Roman George P. | DLSU College of Law 16

CANNOT BE PRETERITED Art. 857

CASTILLO, Roman George P. | DLSU College of Law 17