finals succession reviewer - fay

8/18/2019 Finals Succession Reviewer - Fay

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Book 3: Different Modes of Acquiring Ownership

Preliminary Provision!". Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and

transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. They mayalso be acquired by means of prescription.

#itle $: Occupation %!3 & "'(#itle $$: $ntellectual )reation %"! & "*(

#itle $$$: Donation %"+ & 3(

#itle $,: -.))/--$O0 %* & !!'+(

Latin: “sub cedere” to pass under !ubstitution by one person in the transmissible rights of another

"ostly !panish law #few from $merican origin% mode of acquiring ownership

/lements of -uccession:a. &ambio de !u'eto change of sub'ect or personsb. (dentidad de Ob'ecto identity of ob'ect or same thing, same rights

1inds of -uccession:a. "ortis &ausa upon death #(n the )hils, succession is strictly mortis causa%b. (nter vivos now called donation inter vivos

/2tent of ights $nvolved:a. .niversal 4 entire estateb. Particular 4 specific items or property

a. Devise 4 !pecific *+$L property

b. 5egacy 4 !pecific )+*!O$L property

)hapter $: 6eneral Provisions *7 -.))/--$O0

a. a mode of acquisitionb. by virtue of which the property, rights and obligations to the e-tent of the value of the inheritance #see /%

c. of a person are transmitted through his death to another or othersd. either by his will or by operation of law. #n%

+7 8D/)/D/0#9 general term applied to the person whose property is transmitted through succession, whether or not he left a will.a. (f he left a will, he is also called the testator. #n%7 Parties to -uccession

i. Decedent 4 one who 0(+!1. testator2 3(T4 will56. decedent2 3(T4O7T will

ii. -uccessor; transferee; causa haiente one who succeeds1. 4eir2 by 7(8+*!$L title5

6. 0evisee *+$L property9. Legatee )+*!O$L property v7 $A): The fact that heirs did OT inherit the property is of no moment since the estate is always l iablefor the payment of the debts of the estate. A7T, the heirs are only liable to the e-tent of the value of theirinheritance.

7 .PO0 D/A#=: The rights to the succession are transmitted 8+!T+0 from the moment of the death of the decedent. #/a%a. 3hat is transmitted> the inheritance #!ee B1%

b. 3hat is vested> the rights to succession

i. This means that before the decedent?s death the right was merely inchoate C contingent.c. 3hat are the consequences of this principle>

1

#A0-M$--$B5/ 0O# #A0-M$--$B5/

)atrimonial *ights (ntuitu )ersonae

B.#: Money Dets 4 )atrimonial and transmissible to +!T$T+, butnot passed on to heirs. (t is the /-#A#/ that pays them


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i. .son v7 Del osario ? -antos v7 5ucao: The law in force at the time of the decedent?s death determines whothe heirs should be. (llegitimate children no rights under the old civil code.

ii. De Bor@a v7 ,da de Bor@a: Ownership passes to the heir at the very moment of the death, who therefore, fromthat moment acquires the right to dispose of his share either onerously or gratuitously. "ay dispose it even ifactual e-tent of such share not yet determined.

1. $lienation limited to what is ultimately ad'udicatediii. 5ee v7 #): $n heir cannot sell specific property, only the undivided interest< #before liquidation%iv. u v7 5oy: always sub'ect to creditors of the estatev. Bonilla v7 Barcena: The heirs have the right to be substituted for the deceased as party in an action that

survives1. The right of the heirs to the property vests in them +8+ before 'udicial declaration of their being

heirs. 3hen Aarcena died, her right over land in litigation transmitted to heirs 7)O her death.

vi. =eirs of Ponti v7 )A: )rior !ettlement not necessary to continue the casevii. =eirs of Picay v7 del osario: 0isallowed heirs to continue because it was a dispute as to who the heirs were<

7 1$0D- OC -.))/--$O0: !uccession may be:a. Testamentary5 2 ;b. Legal or intestate = undefined, ta@es place by operation of law in default of a valid willc. "i-ed. #n%

1inds:a7 )ompulsory %5egitimes(

a7 Ay operation of law7 to the forced heirsc7 even if OT in the will.

7 #estamentarya7 Ay provisions of the will

c7 $ntestate ? 5egala7 (n default of a will, subordinate to testamentary.

d7 )ontractual

a7 0onation propter nuptias by one to another of future property which ta@es effect after death7 governed by contract lawc7 eliminated by Damily &ode and donations propter nuptias are governed by testamentary succession.

7 #/-#AM/0#A -.))/--$O0: results from the designation of an heir, made in a will e-ecuted in the form prescribed bylaw. #n%

'7 M$E/D -.))/--$O0 effected partly by will and partly by operation of law. #n%!7 .-/5/--: The inheritance of a person includes:

a. not only the property and the transmissible rights and obligations e-isting at the time of his death,b. but also those which have accrued thereto since the opening of the succession. #n% $ccruals are acquired by accession

or ownership, OT succession


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• )haracteristics of a Gill: PCHCHM$AH).P-

OT+< $ document containing only a disinheriting clause is an act of disposition in itself5 it is a will and must be

admitted to probate #!iang Fo%

784. P/-O0A5: The ma@ing of a will is a strictly )+*!O$L act5 it cannot be:1. left in whole or in part of the discretion of a third person, or2. accomplished through the instrumentality of an agent or attorney. #/Ga%

• )urely )ersonal will ma@ing is non delegable.

• 3hat cannot be delegated> the essence of a will #e-ercise of disposing power%

785. 0O0HD/5/6AB5/ ? /--/0-/ OC D$-PO-$06 POG/: DeDuDe1. The designation of heirs, devisees, legatees #40L%2. The duration or efficacy of the designation of heirs, devisees or legatees, or3. The 0etermination of the portions which they are to ta@e, when referred to by name, cannot be left to the

discretion of a third person. #/Ga%786. D/5/6AB5/: The testator may entrust to a third person:

1. the distribution of specific property or sums of money #)roportion to total amount%a. that he may leave in general to specified classes or causes,

2. and also the designation of the persons, institutions or establishments #*ecipients%a. to which such property or sums are to be given or applied.#/1a%

787. The testator may not ma@e a testamentary disposition in such manner that:1. another person has to determine whether or not it is to be operative. #n%2. &$OT delegate the power to decide whether a disposition should ta@e effect or not.3. 0ifference from acceptance or renunciation by the heir as beneficiary.

788. #/-#A) I $0#/-#A): (f a testamentary disposition admits of different interpretations, in case of doubt, thatinterpretation by which the disposition is to be operative shall be preferred. #n%

789. AMB$6.$#: 3hen there is an imperfect description, or when no person or property e-actly answers the descriptionmista@es and omissions must be corrected, if the error appears from the conte-t of the will or from e-trinsicevidence, e-cluding the oral declarations of the testator as to his intention5 and when an uncertainty arises upon theface of the will, as to the application of any of its provisions, the testatorHs intention is to be ascertained from thewords of the will, ta@ing into consideration the circumstances under which it was made, e-cluding such oraldeclarations. #n%

1. Two @inds of ambiguity referred to:

a. L$T+T #OT obvious on the face of the will%1. “when there is imperfect description or when no person or property e-actly answers

the description.”6. Latent as to the )+*!O2 “( institute to I of my estate my first cousin $ #and the

testator has more than 1 first cousin named $%9. Latent as to the )*O)+*TF2 “( devise to my cousin $ my fishpond in *o-as &ity” #and

the testator has more than one fishpond in *o-as &ity%b. )$T+T #OA8(O7! on the face of the will%

1. “when an uncertainty arises upon the face of the will, as application of any of itsprovisions”

6. )atent as to the )+*!O2 “( institute to I of my estate some of my first cousins.”9. )atent as to the )*O)+*TF2 “( bequeath to my cousin $ some of my cars.”

3

Purely Personal %Arts7*H+; (

on2delegability of the disposing power

Cree and $ntelligent%Art7 3(

Testator?s consent should not be vitiated by the causes mentioned in $rt. B9;, pars. 62/#insanity, violence, intimidation, undue influence, fraud, mista@e%

-olemn and Cormal%Arts7 '*H!*; "'H

"!(

!ub'ect to formalities under the law5 depends on whether attested or holographic

evocale or Amulatory %Art7 "(

Mortis )ausa %Art73(

$ndividual %art7 !( Joint wills are prohibited

/2ecuted withAnimus #estandi %Art73(

(ntent to ma@e a willCdispose of property5 an instrument which merely e-presses a lastwith as a thought or advice but does not contain a disposition of property and was note-ecuted with animus testandi cannot legally be considered a will.

/2ecuted with#estamentary)apacity %Arts7


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c. OT+< (n +(T4+* case, the ambiguity of a will is not a ground to avoid it. (t must be cleared upand resolved, not stric@en down. Testacy is preferred to intestacy5 testamentary disposition mustbe given effect.

d. 4ow to deal with ambiguities #$rticle provisions do not distinguish whether or not the ambiguityis latent or patent%:

1. The ambiguity should, as far as possible, be cleared up or resolved, in order to giveeffect to the testamentary disposition.

6. "ethod: any evidence admissible and relevant, e-cluding in either case, oraldeclarations of testator to his intention.

790. $0#/P/#A#$O0: The words of a will are to be ta@en in their ordinary and grammatical sense, 7L+!! a clearintention to use them in another sense can be gathered, and that other can be ascertained.

1. Technical words in a will are to be ta@en in their technical sense, 7L+!! the conte-t clearly indicates a

contrary intention, or 7L+!! it satisfactorily appears that he was unacquainted with such technicalsense. #/a%

791. $0#/6A5 $0#/P/#/A#$O0: The words of a will are to receive an interpretation which will give to everye-pression some effect, rather than one which will render any of the e-pressions inoperative5 and of two modes ofinterpreting a will, that is to be preferred which will prevent intestacy. #n%

792. -/,/AB$5$# : The invalidity of one of several dispositions contained in a will does not result in the invalidity of theother dispositions, 7L+!! it is to be presumed that the testator would not have made such other dispositions if thefirst invalid disposition had not been made. #n%

793. .-/5/--: )roperty acquired after the ma@ing of a will shall only pass thereby, as if the testator had possessed it atthe time of ma@ing the will, should it e-pressly appear by the will that such was his intention. #n%

794. $0#//-# D$-PO-/D OC: 6: +very devise or legacy shall cover all the interest which the testator could device orbequeath in the property disposed of,

1. /: 7L+!! it clearly appears from the will that he intended to convey a less interest. #n%795. ,A5$D$# A- #O COM: The validity of a will as to its form depends upon the observance of the law in force at the

time it is made. #n%

/E#$0-$)? COMA5 ,A5$D$# $0#$0-$)? -.B-#A0#$,/ ,A5$D$#

*efers to the requirement of DO*" *efers to the !7A!T$&+ of provisions

Koverning law as to T("+

a. Dor Dilipinos2 at the time of e-ecution

of will

b. Dor foreigners2 same rule #assumption:

will is probated in the )hilippines%

Koverning law as to T("+

a. Dor Dilipinos2 at the time of death

b. Dor foreigners2 )ersonal law

Koverning law as to )L$&+

a. Dor Dilipinos2 Law of citienship,

domicile, residence, place of e-ecution,

or )hilippine law #)ode: )aDHaPa5(

b. Dor foreigners2 same choices

Koverning law as to )L$&+

a. Dor Dilipinos2 )hilippine law

b. Dor foreigners2 ational law

-usection ": #estamentary )apacity and $ntent796. G=O )A0 MA1/ A G$55: $ll persons who are not e-pressly prohibited by law may ma@e a will. #//6%

1. Only a natural person797. A6/: )ersons of either se- under 1B years of age cannot ma@e a will. #n%798. -O.0D0/-- OC M$0D: (n order to ma@e a will it is essential that the testator be of sound mind at the time of its

e-ecution. #n%1. OT+: 0etermine sanity $T T4+ T("+ OD "$M(K T4+ 3(LL.

799. /J.$-$#/- OC -O.0D0/-- OC M$0D: To be of sound mind: it is OT necessary that:1. the testator be in full possession of all his reasoning faculties, or2. that his mind be wholly unbro@en, unimpaired, or unshattered by disease, in'ury or other cause.

(t shall be sufficient if the testator was able at the time of ma@ing the will to @now:a. the nature of the estate to be disposed of,b. the proper ob'ects of his bounty, andc. the character of the testamentary act. #n%

800. P/-.MP#$O0 OC -A0$# ? -O.0D M$0D: The law presumes that every person is of sound mind, in the absenceof proof to the contrary.

1. The burden of proof that the testator was not of sound mind at the time of ma@ing his dispositions is on theperson who opposes the probate of the will5

2. O )*+!7")T(O OD !$(TF:a. but if the testator, one month, or less, before ma@ing his will N was publicly @nown to be insane,2 the person who maintains the validity of the will must prove that the testator made it during a

lucid interval. #n%b. Torres v. Lope: when the testator under quardianship for insanity e-ecutes the will N before said

order was lifted3. OT+: $ testator could be medically or mentally incapable but still testamentarily capable, or vice versa.

The criterion is simple: as long as the testator was capable of perceiving the three tests above, he hastestamentary capacity, whatever else he may be medically.

0/6A#$,/5 PO-$#$,/5

(t is OT +&+!!$*F T4$T: (t is !7DD(&(+T T4$T, the testator wasable, at the T("+ OD "$M(K T4+

4


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3(LL, to @now:

a. the testator be in full possession of reasoning facilities.b. the testator?s mind be whollyunbro@en, unimpaired, unshattered bydisease, in'ury, or other cause.

a7 0ature of estate to e disposed of 2 Testator should have a fairly accurate@nowledge of what he owns5 the more heowns, the less accurate is one?s@nowledge of his estate e-pected to be.

7 Proper o@ects of oneKs ounty2 Testator should @now, under ordinarycircumstances, his relatives in the mostpro-imate degrees, his @nowledgee-pectedly decreasing as the degrees

become more remote5 to give the testator a real option on whom to give.

c7 )haracter of testamentary act2 ot required for testator to @now thelegal nature of the will with the eruditionof a civilest. $ll that he need to @now isthat: the document he is e-ecuting is onethat disposes of his property upon death.

801. /CC/)# OC -.P/,/0$06 )APA)$#: !upervening incapacity does not invalidate an effective will, nor is the willof an incapable validated by the supervening of capacity. #n%

802. MA$/D GOMA0: $ married woman may ma@e a will:1. without the consent of her husband, and2. without the authority of the court. #n%

803. MA$/D GOMA0: $ married woman may dispose by will :1. of all her separate property as well as2. her share of the con'ugal partnership or absolute community property. #n%

-usection 3: Corms of Gills

$TT+!T+0 3(LL! 4OLOK*$)4(& 3(LL!

$rts. BG2BGB $rts. B1G2B1

804. )OMMO0 /J.$-$#/-: +very will must be:1. (n writing and

a. $nywhere written, by a typewriter, in pad paper, even on a wallb. Oral or nuncupative wills are OT allowed #+E&+)Tion: "uslims%

2. e-ecuted in a language or dialect @nown to the testator. #n%a. Language2 anything that may be written, i.e. (locano is a language as it has grammar and

literature5 it need OT be a national language.b. 0ialect2 does OT have a written form, no literature.

c. )resumption of compliance2 that the testator @new the language which the will was written.d. OT+< The will itself ++0 OT !T$T+ the language is @nown to the testator5 compliance with

the language requirement may be shown by e-trinsic evidence #Lope v. Liboro%e. OT+< The testator ++0 OT MO3 the language of the attesting clause, since the

attestation clause is the affair of the 3(T+!!+! OLF.

• -uro>a v7 =urado: 3ill was written in a language not @nown to the illiterate testator. 3ritten in +nglish, but

admitted in the will that it was translated for testator 8O(0.

• Aangan c7 Aangan: (n the case at bar, the will was written in &ebuano and e-ecuted in &ebu by the

testator. (n the absence of proof to the contrary, there is a presumption that she @new this dialect in which thewill was written. Dor the presumption to apply, two requisites must concur:

i7 The will was e-ecuted in a language generally spo@en in the place of e-ecutionii7 the testator must be a native or resident of such locality.

805. A##/-#/D G$55: +very will, other than a holographic will, must be subscribed at the /0D thereof by:1. the testator himself or2. by the testatorHs name written by some other person:

a. in his presence, and

b. by his e-press direction,• Testator C $gent signs at the +0. +ither:

o )hysical +nd = where the writing stops

o Logical +nd = where the last disposition ends

• 3itnesses sign at the "$*K(.

• Payad v7 #olentino ? Matias v7 -alud: a thumbmar@ is OT a subscription but is valid

signing5 the testator?s thumbprint is always a valid and sufficient signature. 8$L(0 !(K(K.Thus, no need to state in attestation clause that testator requested attorney to sign for hisname.

• 6arcia v7 5acuesta: $ cross is OT a valid signature. (t is 7*+L($AL+.

o 7L+!!, your usual signature is a cross.

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• Barut v7 )aacungan: $gent needs to write OLF the testator?s name in his handwriting. 4e

need not write his own name, or both their names.

• Ghere must the testator ? agent signL

o +ach and every page thereof, +E&+)T the last page, on the left margin

o $t the end thereof.

$nd attested and subscribed by: #$TT+!T N !7A&*(A+ Aoth must be done by the witness


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• )agro v7 )agro ? A>uela v7 )A: The signatures of the witnesses in the attestation clause must

be at the bottom. (f signed at the left margins OT substantial compliance.

• 0O#/: (f the entire document consists of only two sheets the first containing the will and the

second, the attestation clause, there need OT be any marginal signatures at allQno need formarginal signatures as witnesses and testator shall sign at the bottom.

806. 0O#A P.B5$): +very will must be ac@nowledged before a notary public by1. the testator and2. the witnesses.

The notary public shall not be required to retain a copy of the will, or file another with the Office of the &ler@of &ourt. #n%

• avellana v7 5edesma: The certification of ac@nowledgement need OT be signed by the

notary in the presence of the testator and the witnesses.o Obiter: $rt. BG/ does OT require that the testator and the witnesses mus

ac@nowledge on the same day that it was e-ecuted.o Logical (nference: either does the article require that the testator and the witnesses

must ac@nowledge in one another?s presence.

• )ru> v7 ,illasor: The notary public will OT be counted as a witness as

o he cannot swear in front of himself,

o function of a notary public is defeated if he were one of the alleging witnesses

• 0O#/: $ffi-ing of documentary stamp is OT required for validity.

807. #/-#A#O D/AC ? D/ACHM.#/: (f the testator be deaf, or a deaf2mute, he must personally read the will, if able todo so5

1. otherwise, he shall designate two persons to read it and communicate to him, in some practicable mannerthe contents thereof. #n%

808. #/-#A#O B5$0D: (f the testator is blind, the will shall be read to him twice:

1. once, by one of the subscribing witnesses, and2. again, by the notary public before whom the will is ac@nowledged. #n%

0+$DC 0+$D2"7T+ AL(0

!igning on every page in the presence of

witnesses.

(f able to read (f unable to read

4e must

personally read

the will.

4e shall

designate two

persons to read it

and

communicate to

him, in some

practicable

manner, the

contents thereof.

a. The will shall be read to him T3(&+.

i. Once2 by one of the subscribing

witnesses, and

ii. Twice2 by the notary public before

whom the will is ac@nowledged.

• OT+<

o $rts. BG2BGB are AOT4 "$0$TO*F to eliminate and diminish fraud and to ma@e

provisions @nown to testator so that he may be able to ob'ect if they are not in

accordance to his wishes.o o need to place in attestation clause that it was read by witnesses5 proven instead by

e-trinsic evidence< ++0 OT A+ !T$T+0 ( T4+ 3(LL.

• 6arcia v7 ,asque>: BG2BGB "andatory<

• Alvarado v7 6aviola: BG2 BGB applied liberally5 this is the only case on liberal application.

809. .5/ OC -.B-#A0#$A5 )OMP5$A0)/: (n the absence of1. bad faith,

2. forgery, or3. fraud, or4. undue and improper pressure and influence:

a. defects andb. imperfections

in the DO*" of attestation O* in the L$K7$K+ used therein not render the will invalid if it is proved that the

will was in fact e-ecuted and attested in substantial compliance with all the requirements of $rticle BG.

• JAL *eyes: a liberaliation running riot5

• Aalane2 an attempt to temper or liberalie the strictness of the formal requirements of attested wills.

• This article does not provide sufficient guidelines to limit the discretion of the 'udge in deciding compliance

The Judge is clueless as to how liberal he can be.

7


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• *emedy by JAL *eyes C)aneda v7 )A: Omission which can be supplied by an e-amination of the will

itself, without the need of resorting to e-trinsic evidence, will OT be fatal and would not obstructallowance of probate. 3(LL 8$L(0.

o Omission which cannot be supplied +E&+)T by e-trinsic evidence would result in an invalidity

of attestation clause and will itself.o +E$")L+!:

$ failure by the attestation clause to state that the testator signed every page can be

liberally construed, since that fact can be chec@ed by a visual e-amination. $ failure by the attestation clause to state that the witnesses signed in one another?s

presence should be considered a more serious or fatal flaw since the attestationclause is the only te-tual guarantee of compliance.

3hether: all the pages are numbered, the signatures appear in each and every page,

the subscribing witness were really three, or the will was itself notaried2 all thesefacts that the will itself can reveal, and the defects or even omissions concerning themin the attestation clause can safely be disregarded.

A7T: the total number of pages, and whether all persons required to sign did so in the

presence of each other "7!T substantially appear in the attestation clause, being theonly chec@ against per'ury.

810. /J.$/M/0#- CO A =O5O6AP=$) G$55: $ person may e-ecute a holographic will which must be:1. entirely written,

a. (f the testator e-ecutes only part of the will in his handwriting and other parts of the will are OTso written, the entire will is 8O(0

2. dated, anda. 4ow must you date> $ny form5 it may be 0ecember 6, 6GG, 6 0ecember 6GG, 16C6CG,

6CE((C6GG, &hristmas 0ay, Aastille 0ay, Deast of !t. (gnatius.b. 5arador v7 )A: 3here must the date be placed> The law does not specify a particular location

where the date should be placed in the will itself and e-ecuted in the hand of the testator. Thedate may be anywhere. (n this case, the date was in the contents of the willC

c. o2as v7 De esus: Deb.C/1 valid compliance A+&$7!+ no contingency of two competingwills nor question of when testator became insane. Aalane: 8O(0< The date must be&O")L+T+<

3. signed by the hand of the testator himself.a. The article does not seem to permit signing by thumbmar@ #must be in the 4$0 of the testator%

4. (t is sub'ect to no other form, and5. may be made in or out of the )hilippines, and6. need not be witnessed. #/B, /BBa%

811. POBA#/ OC =O5O6AP=$) G$55 ? .5/ OC /,$D/0)/: Only to Post Mortem Proates1. .0)O0#/-#/D: (n the probate of a holographic will, it shall be necessary that:

a. at least one witness who @nows the handwriting and signature of the testator e-plicitly declarethat the will and the signature are in the handwriting of the testator.2. )O0#/-#/D: (f the will is contested,

a. at least three of such witnesses shall be required.b. 3hat is a contested holographic will>

1. Kround: 3ill is not written by testator himself 6. Kenuineness of his signature is in issue9. OT grounds of fraud, vitiation of content

3. +-pert testimony may be resorted to. #/1;a%a. (n the absence of any competent witness referred to in the preceding paragraph, andb. if the court deems it necessary

• A>aola v7 -ingson: B11 0irectory5 &ompliance of B11 may become an impossibility

• )odoy v7 )alugay: B11 "andatory5 A7T all the witnesses were useless. !hall ”mandatory”

• &omparison of &odoy and $aola #Aalane%:

a7 &onventional wisdom tells us &odoy overruled $aola.7 Loo@ing at it again, there is no such overruling because $LL the witnesses in &odoy

were useless5 the reason for denying probate in &odoy was OT really because of thepoor quality of the testimony of the remaining witnesses. 4ence, the $aola case isstill preserved, and the rule requiring 9 witnesses is OT really mandatory.

8

$08$T$K+! of 4olographic 3ill 0(!$08$T$K+!

!ecrecy 0anger of forgery

(ne-pensiveness Kreater difficulty of determiningtestamentary capacity

Arevity (ncreased ris@ of duress

7&OT+!T+0 4OLOK*$)4(& 3(LL &OT+!T+0 4OLOK*$)4(& 3(LL

Only one #1% witness necessary todeclare handwriting of testator.

1. Three #9% witnesses are required.6. Two views:i. "andatory 9 #&odoy v. &alugay%ii. 0irectory #$aola v. !ingson%

Aalane: The credibility of witnesses doesOT depend on the numbers, but on theintrinsic quality of their testimonies.


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• 6an v7 ap: The 3(LL itself must be produced for probate


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b. according to the formalities observed in his country, orc. in conformity with those which this &ode prescribes. #n%

817. A5$/0 $0 #=/ P=$5$PP$0/-: $ will made in the )hilippines by a citien or sub'ect of another country:1. which is e-ecuted in accordance with the law of the country of which he is a citien or sub'ect, and2. which might be proved and allowed by the law of his own country

a. shall have the same effect as if e-ecuted according to the laws of the )hilippines. #n% These three articles govern rules of formal validity in the following instances:

a. Dilipino abroad #$rt. B1%b. $lien abroad #$rt. B1/%c. $lien in the )hilippines #art. B1%d. OT+< ot covered is a situation of a Dilipino e-ecuting a will in the )hilippines.

!7""$*F: +very testator, whether Dilipino or alien, wherever he may be, has five choices, as to what law

to follow for the form of his will7a. The law on citienshipb. The law of the place of e-ecutionc. The law of his domiciled. The law of his residencee. )hilippine Law

818. O$0# G$55- A/ ,O$D:1. Two or more persons2. cannot ma@e a will 'ointly, or 3. in the same instrument,4. +ither:

a. for their reciprocal benefit orb. for the benefit of a third person. #//;%

3hat is a JO(T 3(LL>

a7 one document which constitutes the wills of two or more individuals. (f there are separatedocuments, each serving as one independent will #even if they are written on the same sheet%,they are OT “the 'oint wills” prohibited by this article.

7 !uch document functions as the will of P6 personsc7 O+ 0O&7"+T OLF, othing to do with 'oint testamentary dispositionsd7 8O(0.

3hy are they 8O(0:

a7 5imitation on the modes of revocation, i.e. one of the testators would not be able to destroythe document without also revo@ing it as the will of the other testator.

7 0iminution of testamentary secrecyc7 0anger of undue influenced7 0anger of one testator killing the other #0acanay v. Dlorendo: 3hen a will is made 'ointly or in

the same instrument, the spouse who is more aggressive, stronger in will or character anddominant is liable to dictate the terms of the will for his or her own benefit or for that of the thirdpersons whom he or she desires to favor%

*eciprocal wills are 8$L(05

a7 one spouse for e-ample, ma give to the other spouse as a successor7 A7T the will must be written in two separate documents.

819. O$0# G$55- B C$5$P$0O- ABOAD -#$55 0O# ,A5$D: 3ills, prohibited by the preceding article,1. e-ecuted by Dilipinos in a foreign country shall not be valid in the )hilippines,2. even though authoried by the laws of the country where they may have been e-ecuted. #99a%

JO(T 3ills are always 8O(0<

AF 34O" !T$T7!

+-ecuted by Dilipinos in the )hilippines 8O(0

+-ecuted by Dilipinos abroad 8O(0 #as an +E&+)Tion to $rt. B1%

+-ecuted by aliens abroad $rt. B1/

+-ecuted by aliens in the )hilippines &ontroverted5 either void because of public policy or valid according to $rt. B1

+-ecuted by a Dil ipino and an alien Dilipino2 always void5 $lien2 either $rt.B1/, or void because of public policy, or

$rt. B1.

-usection *: Gitnesses to Gills %Only Attested Gills(820. /J.$/M/0#- OC G$#0/--/-: $ny person:

1. of sound mind and2. of the age of 1B or more, and3. not blind, deaf or dumb, and

10


11/77

4. able to read and writea. may be a witness to the e-ecution of a will mentioned in $rticle BG of this &ode. #n%

821. D$-J.A5$C$)A#$O0-: The following are disqualified from being witnesses to a will:1. $ny person not domiciled in the )hilippines52. Those who have been convicted of falsification of a document, per'ury or false testimony. #n%

• < Jualifications of Gitnesses:

1. !ound "ind6. 1B years old or more9. ot blind, deaf, and dumb

a. 0umb mute5 not someone stupid. $ble to read and write. 0omiciled in the )hilippines

a. &itienship not a factor b. #ot 'ust residence, see $rt. G of &ivil &ode%

/. ot convicted ofa. Dalsification of 0ocumentb. )er'uryc. Dalse Testimonyd. OT+: &onviction must be of final 'udgment.

• 6on>ales v7 )A: The rule is that the instrumental witness, in order to be competent, must be shown to

have the qualifications under $rt. B6G and none of the disqualifications under under $rt. B61. Dor theirtestimony to be credible, it only needs to be worthy of belief and entitled to credence, it is OT mandatorythat evidence be first established on record that witnesses have a good standing in the community, for thelatter is to be presumed 7L+!! the contrary is established7

822. -.B-/J./0# $0)OMP/#/0)/: (f the witnesses attesting the e-ecution of a will are competent at the time ofattesting, their becoming subsequently incompetent shall not prevent the allowance of the will. #n%

• Ghen should the witness e qualifiedL

1. $t the time of attesting

•

&ompetent vs. &redibility1. &ompetency based on qualifications under statute6. &redibility based on the conclusion of the court

823. G$#0/-- )A00O# $0=/$# COM #/-#A#O: (f a person attests the e-ecution of a will:1. to whom or2. to whose spouse, or3. parent, or4. child,

a. a devise orb. legacy

is given by such will, such devise or legacy #$LL testamentary institutions% shall, so far

only as concerns such person, or spouse, or parent, or child of such person, or anyone claiming under such person or spouse, or parent, or child shall be 8O(0,

7L+!! there are 9 other competent witnesses to such will.

4owever, such person so attesting shall be admitted as a witness as if such devise or

legacy had not been made or given. #n%

•

"isplaced article, concerned not with qualification of a witness but his &$)$&(TF TO !7&&++0 #art.1G6%

• 3hen is a witness disqualified to succeed to a legacy or devise>

1. 3hen there are only 9 witnessesa. (n such a case, the will is perfectly valid, but the witness or relatives cannot inheritb. This is not limited only to devisees and legatees, it applies also to heirs. (t covers all

testamentary dispositions

• *emember: Fou are always qualified to be a witness, only that when you fall under B69, you cant be an

heir.

• $rticle covers $LL testamentary institutions, not 'ust devisees and legatees<

• That unqualified person is not counted as a witness<

824. )/D$#O- MA B/ G$#0/--/-7 $ mere charge on the estate of the testator for the payment of debts due at thetime of the testatorHs death does not prevent his creditors from being competent witnesses to his will. #n%

• &reditors may be witnesses, because they do not inherit.

• )ayment of their claims is not a testamentary disposition.

-usection +: )odicils and $ncorporation y eference825. )OD$)$5 is:

1. supplement or addition to a will,2. made after the e-ecution of a will and3. anne-ed to be ta@en as a part thereof,4. by which disposition made in the original will is e-plained, added to, or altered. #n%

)OD$)$5 -.B-/J./0# G$55

+-plains, adds to,alters a disposition inprior will

"a@es independent and distincedispositions

11


12/77

826. COMA5$#$/- OC A )OD$)$5: (n order that a codicil may be effective, it shall be e-ecuted as in the case of awill. #n%

• (t need not be in the same form as that of the will to which it refers. #ie. $ holographic will may have an

attested codicil%

827. $0)OPOA#$O0 B /C//0)/ OC $0,/0#O$/-F BOO1- OC A))O.0#-F /#): (f a will, e-ecuted asrequired by this &ode, incorporates into itself by reference any document or paper, such document or paper shall notbe considered a part of the will 7L+!! the following *+R7(!(T+! are present:

1. $nte2date the will: The document or paper referred to in the will must be in e-istence at the time of thee-ecution of the will5

2. The will must clearly describe and identify the same, stating among other things the number of pagesthereof5

3. 0uring )robate: (t must be identified by clear and satisfactory proof as the document or paper referred totherein5 and

4. (t must be signed by the testator and the witnesses on each and every page, +E&+)T in case ofvoluminous boo@s of account or inventories. #n%

• *efers to inventories, boo@s of accounts, documents of titles, and other papers of similar nature

• $MPO#A0#: The documents must not ma@e any 0(!)O!(T(O.

• (t seems that holographic wills cannot incorporate documents, 7L+!! they have the testator and the

witnesses sign on every page of the incorporated document

-usection


13/77

3. By urningF tearingF cancellingF or oliterating the will with the intention of revoking itF y the testatorhimselfF or y some other person in his presenceF and y his e2press direction7

a. .0A.#=O$N/D D/-#.)#$O0: (f burned, torn, cancelled, orobliterated by some other person,without the e-press direction of thetestator, the will may still beestablished, and the estate

distributed in accordance therewith,if

1. its contents, and6. due e-ecution, and the9. fact of its unauthoried destruction, cancellation, or obliteration are established according to

the *ules of &ourt. #n%b. "ay a physically destroyed will still be probated> F+!. But only Attested wills

5ost or .nauthori>ed Destruction

Attested Gill =olographic Gill

"ay still be established by

secondary evidence accdg

to the *ules of &ourt

K*: "ay no longer be probated

+: 7L+!! a copy survives

Maloto v7 )A: (t was not sufficiently established that the papers burned by the maid was a will of

the deceased. +ven so, the burning was no proven to be done under the e-press direction of thetestator and not in her presence. o &orpus here.

6ago v7 Mamuyac: /B.##AB5/ )resumption that the will was cancelled ir destroyed arises

when, in the absence of evidence:a. (t was found in the possession of testator when last seenb. (t cannot now be found.

831. -.B-/J./0# G$55- ? $MP5$/D /,O)A#$O0: !ubsequent wills which do not revo@e the previous ones in ane-press manner, annul only such dispositions in the prior wills as are inconsistent with or contrary to those containedin the latter wills. #n%

• The e-ecution of a subsequent will does not ipso facto revo@e a prior one<• $pplies when there is e-press revocation only

832. /,O)A#$O0 /,/0 $C 0/G G$55 $0OP/A#$,/: $ revocation made in a subsequent will shall ta@e effect, even ithe new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees designatedtherein, or by their renunciation. #Ga%

• 6: The first will remains revo@ed.

• /: 0ependent *elative *evocation C &onditional *evocation #3hen the testator provides in the subsequen

will that revocation of the prior one is dependent on the capacity or acceptance of the 40L instituted in thesubsequent will% (n this case, the first will is not necessarily revo@ed.

o This applies only if the testator intended his act of revocation to be conditioned on the efficacy of

the new will.

• Molo v7 Molo: 0ependent *elative *evocation #0**%: The failure of the new testamentary disposition

upon whose validity the revocation depends, is equivalent to the non2fulfillment of a suspensive condition,and hence, prevents teh revocation of the original will.

o 00* was made applicable here in that the physical destruciton of the second will did revo@e it,

meaning that the first will subsists, on the inference that the testator meant the revocation todependo n the validity of the new one.

• Dia> vs7 De 5eon: The intention of revo@ing the will is manifest from the fact that the testator was an-ious

to withdraw ir change the provisions he had made in his first will. The original will had been destroyed withanimus revocandi

833. /,O)A#$O0 BA-/D O0 CA5-/ ? $55/6A5 )A.-/: $ revocation of a will based on a false cause or an illegalcause is null and void. #n%

• 6: There?s no need for a reason for revocation to be valid.

• /: (f cause of revocation is illegal C false cause revocation is 7LL and 8O(0. #The first will subsists%

The requisites for a revocation to be 7LL and 8O(0:

13

Ghen is there Physical DestructionL %/5/M/0#-(

Corpus

physical destruction itself5 evidence of

physical destruction #even if burned on the

sides only%

Animus&apacity and intent to revo@e, testator must

have completed everything he intended to

do #nothing left for him to do%

&orpus and $nimus must &O&7*.


14/77

1. &ause must be concrete, factual, and not purely sub'ective #To be a valid revocation, it must betotally sub'ective%

6. &ause must be false9. Testator must not @now of its falsity. (t must appear that testator is revo@ing because of the false cause. (llegal cause must be stated in the will as the cause of the revocation.

834. /)O60$#$O0 OC $55/6$#$MA#/ )=$5D: The recognition of an illegitimate child does not lose its legal effect,even though the will wherein it was made should be revo@ed. #1%

• *ecognition is an (**+8O&$AL+ act.

-usection : epulication and evival of Gills835. /P.B5$)A#$O0 OC G$55 ,O$D A- #O COM: The testator cannot republish, without reproducing in a

subsequent will, the dispositions contained in a previous one which is void as to its form. #n%• 8oid as to form not comply with BG2BGB, B1G2B1, B1B2B1;

• 3hat to do to republish>

1. +-ecute a new will, and reproduce or copy out the disposition of the original will6. "ere reference will not do

836. /P.B5$)A#$O0 B /C//0)/ OC G$55 ,O$D A- #O O#=/ )A.-/-: The e-ecution of a codicil referringto a previous will has the effect of republishing the will as modified by the codicil. #n%

• *epublication to give efficacy to a will previously voided

Art 3+ Art 3<

,oid as to Corm

,oid as to any 0onHformal DefectF

or if previously revoked

=ow toepulish

+-ecute ew will +-ecute new will C codicil

&opy out provisions of

original void will

simply ma@e references to the original

void will

*eference to orig will

(!7DD(&(+T. *eference to orig will !7DD(&(+T

837. /,O)A#$O0 OC "nd G$55 DO/- 0O# /,$,/ !st G$55: (f after ma@ing a will, the testator ma@es a second wille-pressly revo@ing the first, the revocation of the second will does not revive the first will, which can be revived onlyby another will or codicil. #9;a%

• This applies only if the revocation of will 1 by the will 6 is +E)*+!!.

• 3ill 1 3ill 6 3ill 9

• 3ill 6 +E)*+!!LF revo@es 3ill 1. 3ill 9 revo@es will 6.

• (f 3ill 6 impliedly revo@ed 3ill 1, this will not apply.

Gill ! revoked y Gill "

/EP/--5Gill ! revoked y Gill " $MP5$/D5

$rt B9 applies $rt B9 does OT apply

3ill 9 revo@ing 3ill 6 will

OT revive 3ill 1

K*: 3ill 9 revo@ing 3ill 6 *+8(8+!

3ill 1

+: 3ill 9 is inconsistent with 3ill 1

+: 3hen will 6 is holographic and it is

revo@ed by physical destruction,

probate is no longer possible,

7L+!! a copy survives.

-usection : Allowance and Disallowance of Gills838. POBA#/ OC A G$55: o will shall pass either real or personal property 7L+!! it is proved and allowed in

accordance with the *ules of &ourt.1. The testator himself may, during his lifetime, petition the court having 'urisdiction for the allowance of his

will. (n such case, the pertinent provisions of the *ules of &ourt for the allowance of wills after thetestatorHs a death shall govern.

2. The !upreme &ourt shall formulate such additional *ules of &ourt as may be necessary for the allowanceof wills on petition of the testator.

3. !ub'ect to the right of appeal, the allowance of the will, either during the lifetime of the testator or after hisdeath, shall be conclusive as to its due e-ecution. #n%

• )robate when the will is tested for its compliance with formal validity of wills

14


15/77

• 6uevara v7 6uevara: The probate of a will is MA0DA#O7 $ proceeding in rem, it cannot be dispensed

with and substituted by any proceeding, 'udicial ir e-tra'udicial, without offending public policy.

• Minds of )robate:

1. )ost = "ortem: after testator?s death6. $nte2"ortem: during the testator?s lifetime

• 0ecree of )robate declaration of the court that the will in question conforms to requirements for formal

validity1. ot concern itself with intrinsic validity.

+E&+)T: when it appears on the face of the will itself that it is 8O(0. #)atently 8O(0%

6. (t is conclusive of its due e-ecution<9. (t is res judicata. #+E&+)T that it can still be revo@ed by the testator in the case of ante2mortem

probates


16/77

person or property, or upon the person or property of his spouse,descendants or ascendants, to give his consent.

To determine the degree of intimidation, the age, se- and condition of the

person shall be borne in mind. $ threat to enforce oneHs claim through competent authority, if the claim is

'ust or legal, does not vitiate consent. #16/a%iii. 7ndue (nfluence

$rt. 199. There is undue influence when a person ta@es improper

advantage of his power over the will of another, depriving the latter of areasonable freedom of choice. The following circumstances shall beconsidered: the confidential, family, spiritual and other relations between theparties, or the fact that the person alleged to have been unduly influenced

was suffering from mental wea@ness, or was ignorant or in financial distress#n%

iv. Draud $rt. 199B. There is fraud when, through insidious words or machinations of

one of the contracting parties, the other is induced to enter into a contractwhich, without them, he would not have agreed to. #16/;%

v. "ista@e $rt. 1991. (n order that mista@e may invalidate consent, it should refer to the

substance of the thing which is the ob'ect of the contract, or to thoseconditions which have principally moved one or both parties to enter into thecontract.

"ista@e as to the identity or qualifications of one of the parties will vitiate

consent only when such identity or qualifications have been the principalcause of the contract.

$ simple mista@e of account shall give rise to its correction. #16//a%

-ection ": $nstitution of =eir 840. $0-#$#.#$O0 OC =/$: an act

1. by virtue of which a testator designates in his will2. the person or persons who are to succeed him3. in his property and transmissible rights and obligations. #n%

841. G$55 ,A5$D /,/0 $0 0O0H$0-#$#.#$O0 OC =/$: $ will shall be valid even though:1. it should not contain an institution of an heir, or2. such institution should not comprise the entire estate, and3. even though the person so instituted should not accept the inheritance or should be incapacitated to

succeed..(n such cases the testamentary dispositions made in accordance with law shall be complied with and theremainder of the estate shall pass to the legal heirs. #/%

842. C//DOM OC D$-PO-$#$O0 B #/-#A#OF 5$M$#A#$O0: One who has no compulsory heirs may dispose by willof all his estate or any part of it in favor of any person having capacity to succeed.

1. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisionsof this &ode with regard to the legitime of said heirs. #/9a%

0O )ompulsory =eirs =as )ompulsory =eirs

"ay dispose by will all his estate or

any part of it in favor of any person

having capacity to succeed

may dispose of estate, provided he

does not contravene legitime

may dispose +T(*+ 4+*+0(T$*F

+!T$T+

may dispose only 0(!)O!$AL+

)O*T(O #4+*+0(T$*F +!T$T+ 2

L+K(T("+%

(f he still disposes L+!! than what he is entiteld to, the reminder passes by

intestacy or intestate succession. Aut legitimes pass by strict operatin of law.

843. D/-$60A#$O0 OC =/$ B 0AM/ -.0AM/: The testator shall designate the heir by his name and surname,and when there are two persons having the same names, he shall indicate some circumstance by which theinstituted heir may be @nown..+ven though the testator may have omitted the name of the heir, should he designate him in such manner that therecan be no doubt as to who has been instituted, the institution shall be valid. #6%

• $s long as designated in a manner that there can be no doubt as to who has been instituted<

• ame N !urname merely directory

• 8alid: “my eldest daughter”

• (f ambiguous see B;.

• (f still ambiguous after B; (ntestacy results for that portion.

844. /CC/)# OC /O $0 0AM/: $n error in the name, surname, or circumstances of the heir shall not vitiate theinstitution when it is possible, in any other manner, to @now with certainty the person instituted.

16


17/77

1. (f among persons having the same names and surnames, there is a similarity of circumstances in such away that, even with the use of the other proof, the person instituted cannot be identified, none of them shalbe an heir. #9a%

845. D$-PO-$#$O0 #O .010OG0 P/-O0 ,O$D: +very disposition in favor of an un@nown person shall be void,7L+!! by some event or circumstance his identity becomes certain.

.010OG0 P/-O0D/C$0$#/ )5A-- O 6O.P OC

P/-O0-

8oid 8alid

S( give half of my estate to a 'anitorS

( give half of my estate to all my

graduating bloc@mates in law school

• 7n@nown someone whose identity cannot be reasonably established5 does not mean a stranger


18/77

• (t does not restrict the annulment of certain testamentary dispositions by reason of public policy #in $rticles

1G6B, and 9;%, because in such case the reason for annulling is illegality, not falsity.

• Austria v7 eyes: Aefore the institution of heirs may be annulled, the ff must concur:

1. &ause for the institution of heirs must be stated in the will6. &ause must be shown to be D$L!+9. (t must appear from the face of the will that the testator would not have made such institution

had he @nown of the false cause.

851. $0-$#.#$O0 OC O05 PA# OC /-#A#/: (f the testator has instituted only one heir, and the institution is limited toan aliquot part of the inheritance less that the entire disposable portion, legal succession ta@es place with respect tothe remainder of the estate..The same rule applies if the testator has instituted several heirs, each being limited to an aliquot part, and all the

parts do not cover the whole inheritance. #n% The wording here is ($&7**$T+. 3ords italicied above ma@e it ideal

This states the same rule in $rt B15 thus it is only a redundant article.

-ummary

Testator instituted only 1 heir

Testator instituted more than 1

heir

(nstitution limited to aliquot part

+ach institution limited to

aliquot part

!um of parts is less than

entire inheritance

3hat happens to the remainder of the estate> Legal succession

ta@es place with respect to the remainder of the disposable

portion, and not the remainder of the estate. #erroneous B1,

accdg to balane%

852. $0-$#.#$O0 5/-- #=A0 /-#A#/F B.# $0#/0# #O 6$,/ G=O5/:$0)/A-/: (f it was the intention of thetestator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, as the casemay be, and each of them has been instituted to an aliquot part of the inheritance and their aliquot parts together donot cover the whole inheritance, or the whole free portion, each part shall be increased proportionally.

853. $0-$#.#$O0 /E)//D- /-#A#/: D/)/A-/: (f each of the instituted heirs has been given an aliquot part of theinheritance, and the parts together e-ceed the whole inheritance, or the whole free portion, as the case may be,each part shall be reduced proportionally. #n%

Article +" Article +3

&ommon +lements:

a. there are more than one instituted heir b.

the testator intended them to get the whole estate or whole

disposable

c. the testator has designated a definite or aliquot portion for each

heir.

The total of all the portions is

L+!! than the whole

The total of all the portions

+E&++0! the whole

&ommon +lement: (n short, the testator obviously did not @now

how to add fractions<

ote: The remainder of portion

cannot pass by intestacy since

the testator clearly intended to

give the instituted heirs the

entire amount

*emedy: )roportionate *emedy: )roportional

18


19/77

increase of each share *eduction of each share

19


20/77

854. P/#/$#$O0 OC )OMP.5-O =/$: The preterition or omission of:1. One2. some,3. or all of the:

a. compulsory heirs in the direct line,b. 3hether:

1. living at the time of the e-ecution of the will or6. born after the death of the testator,

i. shall annul the institution of heir5ii. but the devises and legacies shall be valid insofar as they are not

inofficious..(f the omitted compulsory heirs should die before the testator, the institution shall be effectual, without pre'udice tothe right of representation. #B1a%

P/#/$#$O0

0O# 0AM/D 0AM/DF B.#

4e is not named in the will

4e is neither: insituted as an

heir, e-pressly disinherited,

assigned any part of the

estate

Thus, tacitly deprived of his right to legitime

i. )reterition total omission from the (4+*(T$&+.1. omission in the will of any of the compulsory heirs without being e-pressly disinherited6. Aalane: (t is not really omission in the will. The mention or non2mention is not constitutive of

preterition. There must be TOT$L omission from the inheritance.9. The compulsory heir in question must have received OT4(K from the testator either by way of:

1. Testamentary succession6. Legacy or devise9. 0onation inter vivos. (ntestacy

ii7 Ghen is there 0O P/#/$#$O0L1. eyes v7 BarettoHDatu: (f the heir is instituted in the will, but receives a portion less than his legitime.

O )reterition. 4er remedy is completion of legitime under $rt. ;G/.1. The fact that "ilagros received a smaller share than her legitime does not invalidate the

institution of !alud as heir, since there was O )reterition, or total omission of a forcedheir. (n this case, there was O )reterition because:

a. &ompulsory heir in the direct lineb. !uch heir was instituted in the willc. The testamentary disposition given to such heir was less than her legitime. #!he

was given something, not totally e-cluded%6. A>nar v7 Duncan: (f the heir is given a legacy or devise, there is O )reterition. !hould the value of

the legacy or devise be less than the recipient?s claimed legitime, her remedy is only for thecompletion of legitime.

9. (f the 4eir had earlier received a donation inter vivos from the testator1. *eason: 0onation inter vivos treated as an advance on the legitime #!ee ;G;, ;1G, 1G/6%

. (f not all of the estate is disposed of by the will, and the heir is still not mentioned in the will, nor earliebeen a recipient of a donation inter vivos

1. *eason: Omitted heir would still receive something by intestacy, from the undisposedportion.

ii i. 3ho may be preterited> &O")7L!O*F 4+(*! ( T4+ 0(*+&T L(+ #Aalane: whether living at the time of

the e-ecution of the will, or born subsequently, even after testator?s death%, which include:!7 &hildren or descendants"7 )arents or ascendants

37 (llegitimate 0escendants C $scendantsa. *eason: the law does not distinguish.

*7 $dopted &hildren %Acain v7 $A)(+7 OT surviving spouses #though they are compulsory heirs%

iv. (f omitted heir dies before testator, or be unworthy to succeed:1. Ruestion of preterition moot<

6. 4eirs of preterited heir may succeed him by virtue of representation1. +-: 3 has 6 children, $ and A. $ has a legitimate child, $21. 3?s will results in preterition of

$. $ predeceases 3. (f $21 is also preterited in the will, art. B will apply.6. Aalane: (f 3?s will was made before $21 was born, and $21 was omitted, there will still be

preterition.v. 3hat is the effect of preterition>

20


21/77

1. (t annuls the institution of an heir, and all the inheritance falls under intestate succession, +E&+)Tthose that pertain to legacies and devices that do not impair legitimes

6. Opening of intestacy, +E&+)T that proper legacies and devises are respected.9. 0uguid v7 0uguid: The will here does not +E)*+!!LF disinherit the parents, the forced heirs. (T

simply omitted their names. !uch is )reterition rather than effective disinheritance. This annulment isin total, 7L+!! in the will there are additional testamentary dispositions in the form of devises andlegacies.

Disinheritance Preterition

+-press in the 3ill ot +-press

ullity limited to that portion of the estate of which the

disinherited heir has been

illegally deprived

Annulment of the institution of heir but

validity of devises, and legacies to the

e-tent that they don?t impair legitimes

$lways voluntary, e-plicit on

part of testator

)resumed to be involuntary, based on

inadvertent omission by testator

*emedy: 4eir may simply

demand for his rightful share

*emedy is the annulment of institution

of heirs, +E&+)T devises and legacies

855. QA)#.A55 )OMP5/#$#$O0 OC 5/6$#$M/R: The share of a child or descendant all compulsory heirsU omitted ina will must first be ta@en from the part of the estate not disposed of by the will, if any5 if that is not sufficient, so muchas may be necessary must be ta@en proportionally from the shares of the other compulsory heirs. testamentaryheirs, including legatees and deviseesU #1GBGa%

• 0O OT $))LF T4(! $*T(&L+. (T (! $A7!*0. B is complete in itself.

• This article should not apply to preterition.

• Only applies to cases where the heir receives something less than his legitime. #applies to completion of

legitime under $rticles ;G/2;11%

• 3ho are entitled to full satisfaction of legitimes> $LL &O")7L!O*F 4+(*!:

1. &hildren or descendants #including those illegitimate%6. )arents or ascendants9. !urviving spouses #though they are compulsory heirs%

vi. 4ow is the completion of legitime done>1. The proportionate reduction is borne by the testamentary heirs, legatees, and devisees #not the

compulsory heirs as inaccurately e-pressed in the article%6. Testamentary heirs give way to those entitled to legitime

Art7 +* Art7 ++

)reterition

o )reterition, Only (mpairment of

Legitime #heir receives less than his

legitime%

*emedy: $nnulment of

(nstitution *emedy: &ompletion of Legitime

856. 0O #A0-M$--$O0 OC $6=#- B ,O5.0#A ? )OMP.5-O =/$ G=O D$/- B/CO/ #/-#A#O;/E)/P#$O0-: $ voluntary or testamentary, compulsory, legalU heir who dies before the testator transmitsOT4(K to his heirs..$ compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces theinheritance shall transmit no right to his own heirs +E&+)T in cases e-pressly provided for in this &ode. #//a%

• ($&&7*$T+ )*O8(!(O• Aoth a voluntary and compulsory heir, who dies before the testator transmit OT4(K to their own heirs

• They merely represent the voluntary and compulsory heirs.

• *epresentation is not a transmission< (t is a form of subrogation only. OT4(K (! T*$!"(TT+0.

T*$!"(!!(O (! $A!OL7T+. There is no +E&+)Tion to it.

• Better -tated: $n heir= whether compulsory, voluntary, or legal=transmits nothing to his heirs in case of

predecease, incapacity, renunciation, or disinheritance. 4owever, in case of predecease or incapacity ofcompulsory or legal heirs, as well as disinheritance of compulsory heirs, the rules on representation shall apply.

21


22/77

-ection 3: -ustitution of =eirs

857. G=A# $- -.B-#$#.#$O0: !ubstitution is the appointment of another heir so that he may enter into the inheritancein default or subsequent toU of the heir legatee C deviseeU originally instituted. #n%

1. This definition is (&O")L+T+. (t covers only simple substitution.2. Better -tated: !ubstitution is the appointment of another heir so that he may enter in to the inheritance in

default of, or subsequent to, the heir originally instituted.3. Basis for -ustitution: Testamentary freedom4. $dditional otes:

a. !ubstitution only operates in testamentary substitution<b. Only O+ substitution is allowed. The person substituting cannot be substituted again.

858. GA- OC -.B-#$#.#$O0: !ubstitution of heirs may be:a7 !imple C &ommon C Vulgar 2 B;

i. The testator ma@es a second choice in case the first choice does not inherit7 Arief C &ompendious = variation of simple C Dideicommissary 2 B/Gc7 *eciprocal = variation of simple C Dideicommissary 2 B/1d7 Dideicommissary 2 B/9

i. The testator imposes what is essentially a restriction or burden on the first heir, coupled with aselection of subsequent recipient of the property.

1. (n reality, there are only 6 @inds of substitution: #These 6 are mutually e-clusive5 cannot be both at thesame time%

1. !(")L+ C &O""O C 87LK$*6. D(0+(&O""(!!$*F C D(0+(&O"(!$*($9. The others are merely variations of these two.

859. -$MP5/ ? )OMMO0 -.B-#$#.#$O0: The testator may designate one or more persons to substitute the heir orheirs instituted in case such heir or heirs should:

a. die before him, or

b. should not wish, orc. should be incapacitated to accept the inheritance.

.$ simple substitution, without a statement of the cases to which it refers shall comprise the 9mentioned in the

preceding paragraph, 7L+!! the testator has otherwise provided. #%1. &auses of !imple !ubstitution C 3hen is original heir said to be in default>

a. )redecease of the first heir b. *enunciation of the first heir c. (ncapacity of the Dirst heir

6. 4ow testator may provide for simple substitution>a. Ay !pecifying all 9 causesb. Ay merely providing for a simple substitutionc. Testator may limit by specifying only 1 or 6 causes

22

)ause

)OMP.5-O

=/$ ,O5.0#A =/$ 5/6A5 =/$

)ompulsory

-uccession

#estamentary

-uccession $ntestate -uccession

Predecease epresentation O *epresentation epresentation

$ncapacity epresentation O *epresentation epresentation

enunciation O *epresentation O *epresentation O *epresentation

Disinheritance epresentation C$ C$

" 1inds of -ustitution

-$MP5/ %,.56A(C$D/$)OMM$--A%C$D/$)OM$-A$A(

Aasis

Testamentary Dreedomto ma@e a secondchoice C replacement

Testamentary Dreedomto impose burden onfirst heir<

3hat isit>

Testator ma@es asecond choice in casethe first choice does notinherit. #in default of thefirst%

Testator imposes arestriction or burden onthe first heir, coupledwith a selection of asubsequent recipient of the property.


23/77

9. "ay testator provide for other grounds> F+!. Aut it will not be a substitution. (t will be a conditional

testamentary disposition< !ee ne-t chapter. onetheless it would still be a valid institution.. !upposing the substitute dies before the first heir manifests his renunciation, may the successors of

substitute acquire the testamentary disposition> (n case of renunciation of the first heir, must the substitutehave capacity at the time of renunciation>

a. F+!. !ee article 1G9#9% !'3*%3(: (f the institution should be conditional, the time of compliance with the

condition shall also be considered.b. O. !ee articles 1G6 C 9#6%:

!'*": The effects of the acceptance or repudiation of the inheritance shall always

retroact to the moment of the death of the decedent. ++3%"(: One who validly renounces an inheritance is deemed never to have

possessed the same.. 3ill the substitute be disqualified if the cause of the first heir?s predecease is that the substitute @illed him>

7$!3+*+0

860. B$/C ? )OMP/0D$O.- -.B-#$#.#$O0: Two or more persons may be substituted for one A*(+DU5 and oneperson for two or more heirs &O")+0(O7!U. #B%

1. "a'ority do not distinguish, A7T:a. Arief = 6 or more substitutes for 1 original heir b. &ompendious 2 1 substitute for 6 or more original heirs

1. 6: !ubstitution will only ta@e place if $LL of the original heirs are disqualified.i. /: Testator provides for substitution in case of death C renunciation C

incapacity of $F O+ of the original heirs.

B$/C )OMP/0D$O.-

Two or more substitutesfor one original heir

One substitute for 6 or more original heirsC

0efault of only one heir 0efault of $LLoriginal heirs

!ubstitution will OTta@e place5 the shareleft vacant will accrueto the surviving co2heirs.

!ubstitution will ta@esplace<

+E&+)T(O: testatormay provide forsubstitution even if onlyone of the original heirsis in default.

861. /)$PO)A5 -.B-#$#.#$O0: (f heirs instituted in unequal shares should be reciprocally substituted thesubstitute shall acquire the share of the heir who dies, renounces, or is incapacitated, 7L+!! it clearly appearsthat the intention of the testator was otherwise. (f there are more than one substitute, they shall have the same sharein the substitution as in the institution. #;a%

1. *eciprocal substitution when heirs are made substitutes of one another< (t is merely a modality orvariation of vulgar C fideicomisaria.

2. )ossible variation of &ommon C fideicommissary3. /EAMP5/-: $, A, and & are instituted, respectively to 1C6, 1C9, and 1C/ of the estate.

a. !hould $ predecease the testator, A and & will acquire $?s V portion in the proportion of 6:1, Aand &?s testamentary shares being 1C9 and 1C/.

b. !hould A predecease, $ and & will get A?s 1C9 portion in the proportion of 1:9 since $ and &?sshares are V and 1C/.

c. !hould & predecease, $ and A will share &?s 1C/ portion in the proportion of 9:6 by the samelogic.

862. /CC/)# O0 #=/ -.B-#$#.#$O0 OC )=A6/- A0D )O0D$#$O0- $MPO-/D O0 #=/ $0-#$#.#$O0: Thesubstitute shall be sub'ect to the same charges and conditions imposed upon the instituted heir, 7L+!!:

1. testator has e-pressly provided the contrary, or2. the charges or conditions are personally applicable only to the heir instituted. #BG%3. *eason: !ubstitution merely ta@es the place of the original heir.

863. C$D/$)OMM$--A -.B-#$#.#$O0: $ fideicommissary substitution, by virtue of which:1. the fiduciary or first heir instituted is entrusted with the obligation

a. to preserve $0b. to transmit

2. to a second heir the whole or part of the inheritance,3. shall be valid and shall ta@e effect,4. provided such substitution:

a. does not go beyond one degree from the heir originally instituted, andb. the fiduciary or first heir and the second heir are living at the time of the death of the

testator. #B1a%

23


24/77

5. /5/M/0#- OC C$D/$)OM$-A$A:a. Diduciary C first heir 2 ta@es the property upon the testator?s death

1. Diduciary enters upon the inheritance when the testator dies.b. !econd heir C Dideicommissary heir = ta@es the property subsequently from the fiduciary

1. OT+: both heirs enter into the inheritance unli!e vulgar, one after the other, each inhis own turn. This is true even if the Dideicommissary does not receive the propertyyet.

6. !econd heir?s right vests upon the testator?s death, only sub'ect to a )+*(O0.9. Thus, he has a vested e-pectancy.. !uch right passes to his own heirs should he die before the first heir?s right e-pires.

c. !econd heir must be O+ degree from the first heir 1. Palacios v7 amire>: The second heir must be either child or parent of the first heir.

i. "anresa and !anche *oman: One degree One generation #adopted inthis case%

ii. !caevola and Traviesas: 0egree 0esignation C Transmission C Transfer 6. Only O+ transmission is allowed, from fiduciary to the Dideicommissary heir.

d. Diduciary has dual obligation to:1. )reserve the property6. Transmit it after the lapse of the period to the Dideicommissary heir

i. P)$ Bank vs7 /scolin: (f there is no absolute obligation imposed upon thefirst heir to preserve the property and transmit it to a second heir, there is nofideicomisaria. The institution is not necessarily void5 it may be valid assome other disposition, but it is not a fideicomisaria.

• 4ere the institution is one of simultaneous institution, not a

Dideicommissary.

• (t is still a valid institution.

• Aalane: (n addition, the second heir here is not within 1 degree

from first heir.

ii. This requisite is the essence of Dideicommissary. The first heir is that of ausufruct, having the right to use and en'oy the property, but without the rightto dispose of the same.

e. Aoth heirs must be living $0 qualified at the time of the testator#s death1. The second heir need not survive the first heir. (f the second heir dies before the first

heir, the second heir?s own heirs merely ta@e his place.f. OT+ on the period of fiduciary C first heir?s tenure:

1. )rimary *ule period indicated by testator 6. !econdary *ule if the testator did not indicate a period, then the fiduciary?s lifetime.

864. C$D/$)OMM$--A -.B-#$#.#$O0: $ fideicommissary substitution can never burden the legitime. #B6a%1. Legitime still rules<

865. C$D/$)OMM$--A -.B-#$#.#$O0 M.-# B/ /EP/--: +very fideicommissary substitution must be+E)*+!!LF made in order that it may be valid..The fiduciary shall be obliged to deliver the inheritance to the second heir, without other deductions than thosewhich arise from legitimate e-penses, credits and improvements, save in the case where the testator has providedotherwise. #B9%

1. 4ow to ma@e it +E)*+!!:

a. Ay use of the term fideicommisaryb. Ay imposing upon the first heir the absolute obligation to preserve and to transmit to the second

heir 2. $llowed 0eductions:

a. 6: )roperty should be delivered intact and undiminished to the second heir b. /: The ff deductions are allowed:

1. Legitimate e-penses #ecessary and 7seful e-penses, not ornamental e-penses%6. &redits9. (mprovements#ecessary and 7seful improvements, not ornamental%

3. On 0amage C 0eterioration of )roperty:a. (f caused by a fortuitous event C ordinary wear and tear Diduciary OT liable

b. (f caused by fiduciary?s fault or negligence Diduciary Liable

866. $C -/)O0D P/D/)/A-/- #=/ C$D.)$A: The second heir shall acquire a right to the succession from thetime of the testatorHs death, even though he should die before the fiduciary. The right of the second heir shall pass tohis heirs. #B%

1. The second heir must survive the T+!T$TO*< Otherwise there will be no substitution.

2. The second heir need OT survive the D(*!T 4+(*< (f the second heir dies before the first heir, thesecond heir?s own heirs merely ta@e his place.a. !econd heir?s right vests upon the testator?s death, conforming to and BB.

867. $0/CC/)#$,/ PO,$-O0-: The following shall OT ta@e effect:1. Dideicommissary substitutions which are not made in an e-press manner, either by giving them this name,

or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir5a. !ee B/ commentsb. OT+: the lac@ of this element does not, by itself, nullify the institution. (t only means that the

institution is not a fideicomisaria, but may be something else, as in )&(A v. +scolin.6. )rovisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit

fi-ed in article B/95a. (f there is fideicomisaria, limit is the first heir?s lifetime. (f there is no fideicomisaria, the limit is 6G

years.

24


25/77

D(0+(&O""(!!$*FO 2

D(0+(&O""(!!$*F

Limit: first heirHs lifetime Limit: 6G years

9. Those which impose upon the heir the charge of paying to various persons successively, beyond the limitprescribed in article B/9, a certain income or pension5

a. &onforming to B/9, there can only be 6 beneficiaries of the person, one after the other, and thesecond must be one degree from the first.

b. There is no prohibition on simultaneous beneficiaries.. Those which leave to a person the whole part of the hereditary property in order that he may apply or

invest the same according to secret instructions communicated to him by the testator. #Ba%a. The ostensible heir is only a 07""F< Aecause the person intended to be benefited is the one towhom the secret instructions refer.

b. The obvious purpose of such a surreptitious disposition to circumvent some prohibition or

disqualification.c. !uch a provision ma@es the +T(*+ )*O8(!(O 8O(0. Aut its very hard to prove the fact of

circumvention.868. /CC/)# OC 0.55$# OC C$D/$)OMM$--A -.B-#$#.#$O0 The nullity of the fideicommissary substitution

does not pre'udice the validity of the institution of the heirs first designated5 the fideicommissary clause shall simplybe considered as not written. #B/%

1. 3hen is there nullity of the fideicommissary substitution> Dail to comply with B/9<

2. (f the Dideicommissary substitution is 8O(0 or ineffective, the institution of the first heir simply becomespure and unqualified.

a. 3hen void C ineffective> (t is not within one degree, or fideicommissary dies ahead of testator<b. The fiduciary is luc@y


26/77

*ule on (mpossible &onditions

O0/O.-)O0#A)#-

-.))/--$O0 ?DO0A#$O0

+ffect

$nnuls the Obligationitself

&ondition simplyconsidered as OTwritten, but institution isstill valid

*eason

The elimination of thecondition results in

failure of cause. ocause no obligation.

Aased on testatorHsliberality. Liberality osthe basis of the grant.

874. AB-O5.#/ )O0D$#$O0 0O# #O )O0#A)# C$-#? -.B-/J./0# MA$A6/7 $n absolute condition not tocontract a first or subsequent marriage shall be considered as not written

1. 7L+!! such condition has been imposed on the widow or widowera. by the deceased spouse, orb. by the latterHs ascendants or descendants.

.evertheless,1. the right of usufruct, or6. an allowance or 9. some personal prestation may be devised or bequeathed to any person for the time during which he or

she should remain unmarried or in widowhood. #;9a% #+-: ( will give you pension while you?re single only 8$L(0%

i. &an a &ondition prohibiting marriage be imposed> F+!. Aut only for a subsequent marriageimposed by the deceased spouse or by his ascendants or descendants.

ii. (s the imposition of a condition to marry valid> F+!. The article refers only to absoluteprohibition.

i. 8$L(0: Fou must marry a doctor C Fou should not marry a foreigner.ii. These are valid conditions because they are only relative prohibitions.

iii. *equires caucion muciana if condition is negative in nature.

&rohibition on /I-%( arriage

8O(0. &onditionalways considered asOT imposed. #againstpublic policy%

*eason: B9 contraryto law and goodcustoms

&rohibition on%0B%10)(

arriage

8$L(0 (f imposed by: 1.deceasedHs spouse or6. by his ascendants or descendants

8O(0 if imposed byanyone else#considered as notwritten%

875. -)$P#.A )AP#A#O$A7 $ny disposition made upon the condition that the heir shall ma@e some provision in hiswill in favor of the testator or of any other person shall be void. #;a%

1. $ scriptura captatoria is a legacy = hunting disposition< +T(*+ 0(!)O!(T(O is 8O(0<

2. (t is void because it converts testamentary grants into contractual transactions.3. (t deprives the heir of his testamentary freedom. (t gives testator the power to dispose mortis causa not

only of his property but also of his heirs.4. T4+ 0(!)O!(T(O (T!+LD is 8O(0< ot 'ust the condition<5. (t is deemed not imposed at all.

876. PO#/-#A#$,/ )O0D$#$O0-7 $ny purely potestative condition imposed upon an heir must be fulfilled by him assoon as he learns of the testatorHs death..This rule shall not apply when the condition, already complied with, cannot be fulfilled again. #;a%

877. )A-.A5 A0D M$E/D )O0D$#$O0-7 (f the condition is casual or mi-ed1. it shall be sufficient if it happens or be fulfilled

a. at any time before or after the death of the testator,b. 7L+!! he has provided otherwise.

2. it shall be deemed as complied with:

26


27/77

a. !hould it have e-isted orb. should it have been fulfilled at the time the will was e-ecuted $0c. the testator was unaware thereof

3. (f he had @nowledge thereof, the condition shall be considered fulfilled:a. only when it is of such a nature that it can no longer e-ist O*b. be complied with again. #;/%

4. 3 %"(: (f the person interested in the condition should:a. prevent its fulfillment,b. without the fault of the heir,

1. the condition shall be deemed to have been complied with. #;Ba%

878. -// B/5OG7 efers to #erms7

879. )A.)$O0 M.).A0A; 0/6A#$,/ PO#/-#A#$,/ )O0D$#$O07 (f the potestative condition imposed upon the heiris:

1. negative, O*2. consists in not doing or not giving something,

a. he shall comply by:

1. giving a security that he will not do or give that which has been prohibited by thetestator, $0

6. that in case of contravention he will return whatever he may have received, togetherwith its fruits and interests. #BGGa%

0O#/: 3hen is caucion muciana required> #Aond required by intestate heirs


28/77

1inds of )onditions

Potestative )ondition )asual )ondition Mi2ed )ondition

depends solely on the will of the 40L0epends solely on the willof 9rd person or bychance

0epends partly on will of 40L and partly on will of 9rdperson or by chance

Positive Potestative% )roperty must be placed under administration.

2. The property shall be in e-ecutor?s or administrator?s custody until the heir furnishes a caucion muciana.

$f condition happens$f it ecomes certain that

condition will 0O#happen

)roperty will be turnedover to the instituted heir

)roperty will be turnedover to a secondary heir #if any%, or the intestate heirs.

28

$f testator 0O#aware of the fact

of fulfillment

$C testator was aware of fact of fulfillment

deemed fulfilled

$f )A00O#

efulfilledagain

$f it can e fulfilledagain

0eemedfulfilled

"ust be fulfilled again.


29/77

881. ADM$0$-#A#O71. The appointment of the administrator of the estate mentioned in the preceding article, as well as2. the manner of the administration and3. the rights and obligations of the administrator

i. shall be governed by the *ules of &ourt, *ules 2;G. #BGa%882. !ee below on "odes.883. !ee below on "odes.884. -.PP5/#O /CC/)# OC .5/- O0 )O0D$#$O0A5 OB5$6A#$O07 &onditions imposed by the testator upon

the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by

this !ection. #;1a%1. !ee *ule 11; 211;6 on &ivil &ode

D$-PO-$#$O0- G$#= A #/M:

7 -.-P/0-$,/ #/M7 $ disposition with a suspensive term does not prevent the instituted heir from acquiring his

rights and transmitting them to his heirs, even before the arrival of the term. #;;a%i. 3hen does the heir?s right vest>

a. (n dispositions with a term, the heir?s right vests upon the testator?s death.ii. 3hat happens if the heir dies before the arrival of the suspensive term>

a. (ts o@. 4e merely transmits his right to his own heirs.b. The heirs may thereafter demand the property when the term arrives, because a term is certain

to happen.c. This is the same rule in fideicommissaary substitutions #BB/%.

-.-P/0-$,/)O0D$#$O0

-.-P/0-$,/ #/M

)roperty is placed under administration in themeantime, until the

condition happens or if itbecomes certain that thecondition will not happen

)roperty is given to thelegal heirs at once, evenbefore the arrival of the

term

&apacity to succeed isdetermined: a. at the

time of death $0 b. atthe time the conditionhappens W 4ence, theheir must be living andqualified to succeed at

both instances

&apacity to succeed isdetermined: a. at the time

of death OLF.

885. $0-#$#.#$O0 G$#= A #/M ,A5$D7 The designation of the day or time when the effects of the institution of an heirshall commence or cease shall be valid.

1. (n both cases, the legal heir shall be considered as called to the succession until the arrival of the period orits e-piration.

2. Aut in the first case he shall not enter into possession of the property until after having given sufficientsecurity, with the intervention of the instituted heir. #BG%

#/M

-.-P/0-$,/ %creates(

/-O5.#O%e2tinguishes(

Aefore thearrival ofthe term

)roperty should bedelivered to (T+!T$T+4+(*!, not to be placed

under administration

The property should bedelivered to the

(!T(T7T+0 4+(*

29

-.-P/0-$,/)O0D$#$O0

-.-P/0-$,/ #/M

)roperty is placed under administration in themeantime, until the

condition happens or if itbecomes certain that thecondition will not happen

)roperty is given to thelegal heirs at once, evenbefore the arrival of the

term


30/77

$ caucion muciana isrequired to be postedC

o need.

D$-PO-$#$O0- G$#= MOD/-:

"7 MODA5 $0-$#.#$O07 The statement of:a. the ob'ect of the institution, orb. the application of the property left by the testator, orc. the charge imposed by him #heir%

shall not be considered as a condition 7L+!! it appears that such was his intention.

.That which has been left in this manner may be claimed at once provided:a. that the instituted heir or his heirsb. give security for compliance with the wishes of the testator andc. for the return of anything he or they may receive, together with its fruits and interests,d. if he or they should disregard this obligation. #;a%

)O0D$#$O0 MOD/

&ondition must happenor be fulfilled first beforethe heir will be entitled to

succeed.

(mposes a burden, but theheir gets the property right

away

(t suspends the effectivitybut does not obligate.

(t obliges but does notsuspend.

i. 3hat is a mode>a. aadilla v7 )A: (t is an obligation imposed upon the heir, without suspending the

effectivity of the institution or the rights to the succession. ( case of doubt, theinstitution should be considered as modal and not conditional. #3hy> $ mode is moreconducive to the efficacy of the will1. $lways in fractions< (t is a quota, fraction, pro2indiviso share of the estate.6. (t is OT specific property C money

9. The testator is prohibited from disposing by K*$T7(TO7! T(TL+ because the testatois compelled to set aside legitimes in favor of certain heirs.

i. 0O#/: Fou can ma@e gratuitous dispositions as long as these do OTe-ceed the free portion or do not impair the legitimes.

ii. -pouses Manongsong v7 /stimo: Onerous dispositions are allowedbecause in theory, nothing is lost from the estate in an onerous transaction,since there is merely an e-change of values.

iii. -pouses oaquin v7 )A: The sale of lots to their siblings does not affectthe value of their parent?s estate. The cash of equivalent value replaced thelots ta@en from the estate.

887. )OMP.5-O =/$-7 The following are compulsory heirs:1. Legitimate children and descendants, with respect to their legitimate parents and ascendants5

30


31/77

2. (n default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children anddescendants5

3. The widow or widower54. $c@nowledged natural children, and natural children by legal fiction5 illegitimate children #amended by D&,

art 1/%5. Other illegitimate children referred to in $rticle 6B.

&ompulsory heirs mentioned in os. 9, , and are not e-cluded by those in os. 1 and 65 neither do

they e-clude one another. (n all cases of illegitimate children, their filiation must be duly proved.

i7 -ec !" ? !+F C): *ecord of Airth signed by parent, 3riting signed by parent, +stablish in courduring lifetime of putative parent

The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in

the manner and to the e-tent established by this &ode. #BGa%i7 0O#/: The compulsion is not on the part of the heirs but on the part of the T+!T$TO*. The

compulsory heirs may still choose to accept or re'ect it.ii7 )rinciples of &oncurrence and +-clusion at wor@<

)OMP.5-O =/$-

Primary )ompulsory They are preferred

over and e-clude thesecondary.

i.

!7 5egitimate children and descendantsF with respect to their legitimate parentsand ascendants

• 3ho is a L&>

o Aorn in a valid marriage

o Aorn in void marriage under $rt 9/

o Aorn in void marriage under $rt 6, 9

o Aorn in voidable marriage, before annulment

"7 Adopted )hildren ? 5egitimated )hildren

• They will all share +R7$LLF. #regardless of age, se-, marriage of origin%

• K*: The nearer e-clude the more remote. #&hildren e-clude grandchildren%

• +: 3hen representation is proper.

-econdary)ompulsoryThey receive

legitimes only in defaultof the primary

!7 $n default of the foregoingF legitimate parents and ascendantsF with respectto their legitimate children and descendants;

• $s to legitimate ascendants, only in default of parents.

• The nearer e-clude the more remote. Fou can go up to whatever degree<

• OT+: $dopted only obliged to give to give to adopter, not biological parents.

"7 Also $llegitimate Parents

• Only up to parents


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D$CC//0# )OMB$0A#$O0- H 5/6$#$M/-

Many 5) 5P

L& only L& V +state 333 L) only L) V + 334

L&5 ! L& V +! share of 1L&

3455 L)5 !L) V +! I +

346

L& 5 (& L& V +1(& V of 1L&

789,/ C

L)5 (&L) V +(& I +

349

L&5 (&5 !

L& V +

1(& V of 1L&#reduced if necessary%! share of 1L&

34: L)5 (&5 ! L) V +(& I +! 1CB +

344

! 5) -

1L&5 ! 1L& V +! I + 3457

! only ! V +4;;7

1L&5 (&5 !

1L& V +1(& V of 1L&#reduced if necessary%! I + 34:

! #articulomorti

finals succession reviewer - fay

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