civil law} succession} memory aid} made 2001} by ateneo} 13 pages

8/9/2019 Civil Law} Succession} Memory Aid} Made 2001} by Ateneo} 13 Pages

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C I V I L L A W ( S U C C E S S I O N )MEMORY AID

ATENEO CENTRAL BAR OPERATIONS 2001

CHARACTERISTICS OF SUCCESSION:1. Mode of acquisition2. The property, rights & obligations to the extent of the value of the inheritance

transmitted3. The transmission taes place only by virtue of death!. The transmission taes place either by "ill or by operation of la"#. The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or or! "orr!"#$%'#! #*! o+ ,!*-. o+ #/! &""!&&*o-'$ r*./#):

1. $eath of the decedent2. %xpress "ill of the testator calling succession andor provision of la" prescribing

successors3. 'ights or properties are transmissible!. Transferee is still alive (didn)t predecease*

#. Transferee is capacitated to inherit+. cceptance of the inheritance by the successor

INDS OF SUCCESSION:1. Testamentary - succession by "ill2. ntestate - succession in default of a "ill3. Mixed

Tr!'#!-# o+ '""r'$& -!r #/! $'& o+ &""!&&*o-:1. a. rticle /03 refers to accruals after the maing of the "ill

b. rticle /1 refers to accruals after the death of the testator2. a. rticle /03 accruals don)t al"ays pertain to the testate heirs

b. rticle /1 accruals "ill al"ays pertain to the testate heirs

W*$$- an act "hereby a person is permitted, "ith the formalities prescribed by la", tocontrol, to a certain degree the disposition of his estate, to tae effect after his death.

V'$**#% o+ *$$&

E3TRINSIC FORFILIPINOS FORFOREIGNERS

1. overning la" as to time rticle /0# - la" in force"hen "ill "as executed

ame rule (assumption4 "illis being probated here*

2. overning la" as to place 5a" of citi6enship 5a" of citi6enship

5a" of domicile 5a" of domicile5a" of residence 5a" of residence

5a" of place of execution 5a" of place of execution7hilippine la" 7hilippine la"

INTRINSIC 89'857:9 89'89'%:%'

1. overning la" as to time rticle 22+3 - la" at timeof death

rticle 1+, rticle 1;30 -depends on personal la"

2. overning la" as to place rticle 1+, rticle 1;30 -7hilippine la"

rticle 1+, rticle 1;30 -national la"

T!'!-#'r% C'4'"*#%1. ll persons not expressly prohibited by la"2. 1 years old and above

3. ound mind

2 *-& o+ W*$$&:1. :otarial "ill - rticles ;!


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Coo- r!5*r!!-#& #/'# '44$% #o #/! 2 6*-& o+ *$$& 1. n "riting 2. n a language or dialect no"n to the testator

REQUISITES FOR VALID NOTARIAL WILL:1. n "riting2. %xecuted in a language or dialect no"n to the testator3. ubscribed by the testator himself or by the testator)s name "ritten by some

other person in his presence & under his express direction at the end thereof, atthe presence of "itnesses

!. ttested & subscribed by at least 3 credible "itnesses in the presence of thetestator and of one another

#. %ach & every page must be signed by the testator or by the person requested byhim to "rite is name, & by instrumental "itnesses in the presence of each other,on the left margin

+. %ach & every page of the "ill must be numbered correlatively in letters placed onthe upper part of each page/. Must contain an attestation clause, stating the follo"ing4

a. The number of pages of the "illb. 8act that the testator signed the "ill & every page in the presence of

"itnesses, or caused some other person to "rite his name under hisexpress direction

c. ll "itnesses signed the "ill & every page thereof in the presence of thetestator & of one another

. Must be acno"ledged before a notary public

A*#*o-'$ r!5*&*#! *+ !'+ or #!:

Must either41 1. 'ead "ill personally, if able to do so>

2. 9ther"ise, he shall designate 2 persons to read it & communicate to him thecontents

A*#*o-'$ r!5*&*#! *+ 7$*-:?ill shall be read to him t"ice4

1. 9nce by one of the subscribing "itnesses 2. 9nce by the notary public before "hom it is acno"ledged

REQUISITES OF HOLOGRAPHIC WILL:1. n "riting

2. %xecuted in a language or dialect no"n to the testator3. %ntirely "ritten, dated & signed by the hand of the testator himself

AMENDING A WILL:1. :otarial "ill can only be amended through a codicil2. =olographic "ill can be amended in 3 "ays4

a. $ispositions may be added belo" the signature, 7'9@$%$ that saiddispositions are also dated & signed & everything is "ritten by the handof the testator himself

b. Aertain dispositions or additional matter may be suppressed or inserted7'9@$%$ that sad cancellation is signed by the testator & is "ritten bythe testator himself (no need to be detailed*

c. %xecuting a codicil "hich may either be notarial or holographic

E++!"# o+ "'-"!$$'#*o- '*#*o- *-&!r#*o-) or !r'&r! o- #/! ,'$**#% o+ #/! *$$1. f made by the hand of the testator & authenticated by him4 alters the "ill "ithout

affecting its validity2. f made by the hand of the testator but "as not authenticated by him4 deemed as

if not "ritten at all3. f made by testator but not hand"ritten4 entire "ill is nullified


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!. By a stranger & the testator has authenticated the same4 entire "ill is nullified#. Made by a stranger but not authenticated by the testator4 deemed as if not

"ritten at all

W/'# *& ' "o*"*$8t is a supplementary or addition to a "ill, made after the execution of the "ill &

annexed to be taen as part by "hich any disposition in the original "ill may beexplained, added to or altered.

Q'$*+*"'#*o-& o+ ' *#-!&& '- ' #!'#or:

WITNESS TESTATOR

1. t least 1 years old2. 7hysically fit (not deaf, dumb, blind*3. 5iterate, able to read and "rite!. :o prior conviction for perCuryfalse

testimonyfalsification#. :ot the notary public before "homthe "ill is acno"ledged

+. ound mind/. $omiciled in the 7hilippines

1. ame2. May be blind, deaf or deaf


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3. imultaneity4 "hen several heirs are instituted, they are instituted simultaneously& not successively

R$!& r!.'r*-. ' 4!r&o-& r*./# #o *&4o&! o+ /*& !'#!:1. f one has no compulsory heirs4a. =e can give his estate to any person qualified to inherit under himb. =o"ever, he must respect restrictions imposed by special la"s

2. f one has compulsory heirs4a. =e can give only the disposable portion to strangersb. 5egitimes of compulsory heirs must be respected

PRETERITION:1. There must be an omission of one, some or all of the heirs in the "ill2. The omission must be that of a A9M7D59'E =%'3. Aompulsory heir omitted must be of the $'%AT 5:%

!. The omitted compulsory heir must be 5@: at the time of testator)s death ormust at least have been A9:A%@%$ before the testator)s death

E++!"#& o+ 4r!#!r*#*o-:1. The institution of heirs is annulled2. $evises & legacies shall remain valid as long as they aren)t officious

DISINHERITANCE ; t is the act by "hich the testator, for Cust cause, deprives acompulsory heir of his right to the legitime.

Pr!#!r*#*o- ,&< D*&*-/!r*#'-"!DISINHERITANCE PRETERITION

%xpress deprivation of legitime Tacit deprivation of legitimel"ays voluntary May also be voluntary but is presumed tobe involuntary (as it)s an omission tomention as an heir or though mentioned,isn)t instituted as an heir*

5egal cause is present 7resumed by la" to be a mere oversight

%ven a compulsory heir may be totallyexcluded

Aompulsory heir is merely restored to hislegitime

R!5*&*#!& +or ' ,'$* *&*-/!r*#'-"!1. =eir disinherited must be designated by name or in such a manner as to leave no

room for doubt as to "ho it is intended

2. $isinheritance must be for a cause designated by la"3. t must be made in valid "ill!. t must be made expressly, stating the cause in the "ill itself#. Aause must be certain & true, & must be proved by interested heirs if the person

disinherited should deny it+. t must unconditional/. Must be total

S'r% o+ "'&!& o+ *&*-/!r*#'-"!GROUNDSFORDISINHERITANCE

CHILDREN=DESCENDAN

TS

PARENTS=ASCENDANT

S

SPOUSE UNWORTHINESS

1 uiltyconvicted of attemptagainst life of testatorspouse ascendantdescendant

F F F F


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GROUNDSFORDISINHERITANCE

CHILDREN=DESCENDA

NTS

PARENTS=ASCENDANT

S

SPOUSE UNWORTHINESS

2 ccused testatordecedent of crimepunishable byimprisonment of more than+ years, found groundless,false

F F F F

3 Aauses testator decedentto mae "ill or change oneby fraud, violence,intimidation, or undueinfluence

F F F F

! DnCustified refusal tosupport testator

F F F

# Aonvicted of adultery orconcubinage "ith spouseof testator decedent

F F F

+ Maltreatment of testator by"ord & deed

F

/ 5eading a dishonorable ordisgraceful life

F

Aonviction of crime "hichcarries penalty of civilinterdiction

F

0 bandonment of childrenor inducing children to livecorrupt and immoral life orattempted against virtue

F F

1; 5oss of parental authority F F

11 ttempt by one parentagainst life of the otherD:5% there)sreconciliation bet"eenparents

F

12 pouses given cause forlegal separation

F

13 8ailure to report violentdeath of decedent "ithin 1month, unless authoritieshave already taen action

F

1! 8orce, violence,intimidation or undueinfluence to preventanother from maing a "illor revoing one alreadymade or "ho supplants oralters the latter)s "ill

F

1# 8alsifies or forges a

supposed "ill of thedecedent

F

C'&!& o+ ,'"'-"% *- &""!&&*o-:1. The testator creates it himself - disinheritance2. The does something - repudiates3. omething happens to the heir - incapacitated predecease


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Ho 'r! ,'"'-"*!& +*$$!:1. ubstitution2. 'epresentation

3. ccretion

C$'&&!& o+ &7*##*o-1. ingular or vulgar substitution

a. impleb. Brief c. Aompendiousd. 'eciprocal

2. 8ideicommissary ubstitution

FIDEICOMMISSARY SUBSTITUTION- substitution is a fideicommissary substitutionif the testator institutes an heir "ith an obligation to deliver to another the property

so inherited. The heir instituted to such condition is called the first heir or fiduciaryheir, the one to receive the property is the fideicommissary or second heir.

R!5*&*#!& o+ ' +*!*"o*&&'r% &7*##*o-:1. 1stheir or fiduciary is first called to the enCoyment of the property so inherited2. 2ndheir or fideicommissary substitute3. n obligation clearly imposed on the fiduciary to preserve & transmit the property

to a fideicommissary substitute!. The substitution doesn)t go beyond the 1stdegree of the fiduciary#. The fideicommissary substitution is made expressly+. Both the fiduciary & the fideicommissary substitute are living or at least

conceived at the time of the death of the testator

/. The fideicommissary substitution is imposed on the free portion of the estate &not on the legitime

LEGITIME- t is that part of the testator)s property "hich he cannot dispose ofbecause the la" has reserved it for certain heirs called compulsory heirs.

D*++!r!-# "$'&&!& o+ /!*r&:1. @oluntary heirs - succeed by virtue of a "ill2. 5egal or intestate heirs - succeed by operation of la" in the absence of a "ill3. Aompulsory heirs - succeed because the la" reserved for them

C$'&&!& Co4$&or% H!*r&:

1. 7rimarya. 5egitimate children & their descendants (legitimate*b. urviving spouse (legitimate*c. llegitimate children & their descendants (legitimate or illegitimate*

2. econdarya. 5egitimate parents & ascendants (legitimate* - inherit only in default of 1ab. llegitimate parents (no other ascendants* - inherit only in default of 1a &

1c

S'r% o+ $!.*#*!& o+ "o4$&or% /!*r&:

SURVIVINGRELATIVES

LEGITIMATECHILDREN>

DESCENDANTS

SURVIVINGSPOUSE

ILLEGITIMATECHILDREN

LEGITIMATEPARENTS>

ASCENDANTS

ILLEGITIMATEPARENTS

5egitimatechildren alone

G (dividedby the H ofchildren*

1 legitimate childsurviving spouse

G I


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SURVIVINGRELATIVES

LEGITIMATECHILDREN>

DESCENDANTS

SURVIVINGSPOUSE

ILLEGITIMATECHILDREN

LEGITIMATEPARENTS>

ASCENDANTS

ILLEGITIMATEPARENTS

5egitimatechildrenurviving spouse

G (dividedby no. ofchildren*

ame as theshare Jlegit child

5egitimatechildrenllegitimatechildren

G G of theshare of Jlegit child

1 legitimate childsurviving spouseillegitimatechildren

G I G of theshare of Jlegit child

2 or morelegitimatechildrensurviving spousellegitimatechildren


ame as theshare of Jlegit child

G of theshare of Jlegit child

5egitimateparents alone

G

5egitimateparentsllegitimatechildren

I G

5egitimateparentsurviving spouse

I

5egitimateparentsurviving spousellegitimatechildren

1 I G

llegitimatechildren alone


llegitimate

childrenurviving spouse

13 13 (divided

by no. ofchildren*

urviving spousealone

G or 13 ifmarriage inarticulomortis

llegitimateparents alone

G

llegitimateparentsurviving spouse

I I

R!!% o+ "o4$&or% /!*r *- "'&! o+ *4'*r!-# o+ $!.*#*!:1. f the impairment is total them there may be preterition if the compulsory heir

preterited is either an ascendant or descendant. rticle #! "ould come into play(annulment of institution of heir & reduction of devises and legacies*

2. f the impairment is partial, then the compulsory heirs is entitled to completion oflegitime under rticle 0;+

3. f the impairment is thru donation, then remedy is collation.


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RESERVA TRONCAL ; t is that part of the decedent)s property that an ascendant, "hoinherits by operation of la" from his descendants "hich the latter may have acquired bygratuitous title from another ascendant or sibling, is obliged by la" to reserve such

property for the benefit of 3rd

degree relatives "ho belong to the line from "hich theproperty "hich other"ise "ill go to certain specific heirs but "hich la" reserves tocertain predetermined heirs.

Or!r o+ 4'%!-# *- "'&! !'#! *& INSUFFICIENT #o "o,!r $!.'"*!& > !,*&!&1. 'emuneratory legacies or devises2. 7referential legacies or devises declared by testator3. 5egacies for upport!. 5egacies for %ducation#. 5egacies or devises for pecific, determinate thing+. ll others, pro


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Or!r o+ &""!&&*o- > "o-"rr!-"! *- *-#!'#! &""!&&*o-

INTESTATEHEIR E3CLUDES E3CLUDEDBY CONCURSWITH

5egitimate children

& 5egitimatedescendants

scendants,

collaterals & state

:o one urviving spouse

llegitimate children

llegitimate children& $escendants

llegitimate parents,collaterals & state

:o one urviving spouse5egitimate children& legitimate parents

5egitimate parents &legitimatedescendants

Aollaterals & state 5egitimate children llegitimate children& surviving spouse

llegitimate parents Aollaterals & state 5egitimate children& illegitimatechildren

urviving spouse

urviving spouse Aollaterals other

than siblings,nephe"s and nieces

:o one 5egitimate children

llegitimate children5egitimate parents &llegitimate parents

iblings, nephe"snieces

ll other collaterals& state

5egitimate children,illegitimate children,5egitimate parents &illegitimate parents

urviving spouse

9ther collaterals"ithin #thdegree

Aollateral remoter indegree & state

5egitimate childrenllegitimate children5egitimate parentsllegitimate parents&

urviving spouse

Aollaterals in thesame degree

tate :o one %veryone :o one

S'r% o+ *-#!'#! &/'r!&:1. Legitimate children & legitimate descendants alone

INTESTATEHEIR SHAREASLEGITIME SHAREASFREEDISPOSAL

TOTALINTESTATESHARE

5egitimate children G G 1

T9T5 G G 1

2. One legitimate child and surviving spouse

INTESTATEHEIR SHAREASLEGITIME SHAREASFREE

DISPOSALTOTALINTESTATE

SHARE

5egitimate child G G

urviving spouse I I G

T9T5 K I 1

3. Legitimate children & surviving spouse


TOTALINTESTATESHARE

5egitimate children G 'emaining portion of estate after paying

?hole estate dividedequally bet"een totalnumber of childrenplus the surviving

spouseurviving spouse ame as share of J

legitimate child5egitimes to bedivided equally

bet"een total no. ofchildren plus thesurviving spouse

:o. of children plusthe surviving spouse

T9T5 @aries on no. of @aries on no. of 1


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children children

4. Legitimate children & illegitimate children


TOTALINTESTATESHARE

5egitimate children I 'emaining portion of estate after paying

?hole estate dividedby the ration of 2 foreach legitimate child

llegitimate children G share of Jlegitimate child

5egitimes to bedivided by the rationof 2 for J legitimate

child, 1 for Jillegitimate child

1 for J illegitimatechild provided that

legitimes "ouldn)t beimpaired

T9T5 @aries on no. of children

@aries on no. ofchildren

5. One legitimate child, illegitimate children, & surviving spouse


TOTALINTESTATESHARE

5egitimate child G 'emaining portion of estate after paying

legitimes to bedivided by the rationof 2 for J legitimate

child, 1 for Jillegitimate child

?hole estate dividedby the ratio of 2 J

legitimate child

llegitimate child G share of J

legitimate child

1 for J illegitimate

child

1 for J illegitimate

childurviving spouse I & 2 for the surviving

spouse5egitimes "ouldn)t

be impairedT9T5 @aries depending on

no. of illegitimatechildren

@aries depending onno. of illegitimate

children

1

6. Legitimate children, illegitimate children & surviving spouseINTESTATEHEIR SHAREASLEGITIME SHAREASFREE


SHARE

5egitimate children G 'emaining portion of estate, if any afterparing legitimes tobe divided by theratio of 2 for Jlegitimate child

?hole estate dividedby the ratio of 2 forJ legitimate child

llegitimate children G share of J legitchild

1 for J illegitimatechild

1 for J illegitimatechild

urviving spouse I & 2 for the survivingspouse

& 2 for the survivingspouse provided that

legitimes "on)t beimpaired

T9T5 @aries depending onno. of illegitimate

children

@aries depending onno. of illegitimate

children

1

7. Legitimate parents aloneINTESTATEHEIR SHAREASLEGITIME SHAREASFREE


SHARE

5egitimate parents G G 1

T9T5 G G 1


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8. Legitimate parents & illegitimate children


DISPOSAL

TOTALINTESTATE

SHARE5egitimate parents G Gllegitimate children I I G

T9T5 K I 1

. Legitimate parents & surviving spouse


TOTALINTESTATESHARE

5egitimate parents G G

urviving spouse 1 1 I

T9T5 K I 1

1!. Legitimate parents, surviving spouse & illegitimate childrenINTESTATEHEIR SHAREASLEGITIME SHAREASFREE


SHARE

llegitimate children 13 1+ G

urviving spouse 1 1 I

llegitimate children 1! I

T9T5 / 1 1

11. "llegitimate children alone


TOTALINTESTATESHARE

llegitimate childrenalone G G 1

T9T5 G G 1

12. "llegitimate children & surviving spouseINTESTATEHEIR SHAREASLEGITIME SHAREASFREE


SHARE

llegitimate children 13 1+ G

urviving spouse 13 1+ GT9T5 23 13 1

13. #urviving spouse


TOTALINTESTATESHARE

urviving spouse G or 13 G or 13 1

T9T5 G or 13 G or 13 1

14. "llegitimate parents alone


TOTALINTESTATESHARE

llegitimate children G G 1

15. "llegitimate parents & surviving spouse


TOTALINTESTATESHARE

llegitimate parents I I G

urviving spouse I I G

T9T5 G G 1


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16. #i$lings, nephe%s & nieces alone


DISPOSAL

TOTALINTESTATE

SHAREiblings, nephe"s,

niecesG G 1

T9T5 G G 1

17. #urviving spouse, si$lings, nephe%s & nieces


TOTALINTESTATESHARE

urviving spouse G G

iblings, nephe"s,nieces

G G

T9T5 G G 1

R!5*&*#!& +or '""r!#*o- #o #'6! 4$'"!:1. Dnity of obCect2. 7lurality of heirs3. ome of the heirs cannot or are disqualified to accept ('..7*!. 9thers are accepting . There has been earmaring

I-"'4'"*#% #o &""!! 7!"'&! o+ 4o&&*7$! -! *-+$!-"!1. 7riest "ho heard confession during last illness & his relatives "ith thin the ! th

degree & the order, chapter, etc., to "hich the priest belongs2. uardian before final accounts have been approved %LA%7T if an ascendant,

descendant, sibling, spouse3. ttesting "itness to execution of "ill & their spouses, parents, children or any

one claiming under them!. 7hysician, surgeon, nurse "ho too care of testator during his last illness#. ndividuals, associations, corporations not permitted by la" to inherit

V'$**#% '- E++!"# o+ L!.'"%=D!,*&!

Thing o"ned in part bytestator (rticle 020*

eneral 'ule4 Aonveys only interest or part o"ned by testator

Exception:if testator other"ise provides -a. =e may convey more than "hat he o"ns < the state shld try to

acquire the part or interest o"ned by other parties. f otherparties are un"illing to alienate, the estate should give thelegateedevisee the monetary equivalent (analogy "ith rticle031*

b. =e may convey less than "hat he o"ns (rticle /0!*

Thing o"ned by another(rticles 03;


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civil law} succession} memory aid} made 2001} by ateneo} 13 pages

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