Professional Documents
Culture Documents
Notes On Succession
Notes On Succession
Notes On Succession
TITLE IV SUCCESSION
CHAPTER I
GENERAL PROVISIONS
What are the modes of acquiring ownership?
a.
b.
c.
d.
e.
f.
g.
Occupation
Intellectual creation
Law
Donation
Testate and intestate succession
Tradition (In consequence of
contracts)
Prescription 1
certain
OCCUPATION
MODE
TITLE
SEIZURE
PROPERTY SEIZED IS
WITHOUT A KNOWN
OWNER
2
INTELLECTUAL
EMERGENCE OR
CREATION
DISCOVERY
ORIGINALITY OR
NOVELTY
LAW
FORCE OF LAW
CONCURRENCE OF
PREREQUISITE
CONDITIONS
DONATION
FORMALITIES/DELIVERY
AGREEMENT OF
PARTIES
SUCCESSION
DEATH
LAW OR WILL
TRADITION
DELIVERY
AGREEMENT OF THE
PRESCRIPTION
LAPSE OF PRESCRIBED
POSSESSION IN THE
PERIOD
CONCEPT OF AN OWNER
PARTIES
b.
a.
b.
c.
d.
Property;
Transmissible rights (those not extinguished by death);
Transmissible obligations (those not extinguished by
death); and
All property which have accrued thereto since the
opening of the succession (death of the decedent). 5
4
or the intention clearly appears. 6 When the testator used
general terms in the disposition of his property such as my
entire estate,
estate, all
all my property,
property, etc. the intention to pass
after-acquired property is deducible in the absence of the
contrary context.
What
properties?
a.
b.
are
examples
of
after-acquired
Alluvial deposits
Interests on credits
examples
intransmissible
What
are
the
intransmissible rights?
a.
of
criteria
in
determining
5
b.
6
the debts are paid that the residue of the estate is distributed
among the successors. 8
In our system, therefore, money debts are, properly
speaking, not transmitted to the heirs nor paid by them. The
estate pays them; it is only what is left after the debts are
paid that are transmitted to the heirs.
Are contractual obligations transmissible?
Generally, unless otherwise provided in the contract,
contractual obligations are transmissible. Thus, if the
decedent is the lessor in a contract of lease with a definite
period, his heirs will inherit the obligation to respect the
lease. Similarly, in a contract of sale, the heirs are obligated
to deliver the property sold by their predecessor in
interest to the buyer. (Pamplona
(Pamplona vs. Moreto, 96 SCRA 725)
725) 9
7
In the case of Estate of Hermandy vs. Luzon Surety
Co., Inc., 100 Phil. 389,
389, it was held that:
The binding effect of contracts
upon the heirs of the deceased party is not
altered by the provision of our Rules of
Court that money debts of a deceased must
be liquidated and paid from his estate
before the residue is distributed among said
heirs (Rule 89). The reason is that whatever
payment is thus made from the estate is
ultimately a payment by the heirs or
distributes, since the amount of the paid
claim in fact diminishes or reduces the
shares that the heirs would have been
entitled to receive. Under our law,
therefore, the general rule is that a partys
contractual rights and obligations are
transmissible to the successors. It must,
however, be made clear that the heirs are
liable only to the extent of the value of their
inheritance.
What is meant by inheritance? Distinguish it
from succession.
The inheritance may be defined as the universality of
all properties, rights and obligations constituting the
patrimony of the decedent which are not extinguished by his
death and which are available for distribution among his heirs
after settlement or liquidation.
Succession is the legal mode by which such property,
rights and obligations are transmitted. In other words, the
inheritance is merely the objective element of succession.
Inheritance distinguished from succession and
patrimony
Inheritance refers to the totality of the decedents
property, rights and obligations transmitted to his successor,
while succession refers to the legal mode or manner by which
they are acquired or transmitted, thus the first is the
objective of the second.
Patrimony refers to the aggregate of all juridical
relations of a person susceptible of economic valuation, while
inheritance refers to the mass or totality of the patrimony of
8
the decedent, which is not extinguished by his death, thus the
first is broader than the second.
What are the requisites for an effective
transmission by succession? (Requisites before rights
may be transmitted mortis causa)
causa)
a.
b.
c.
d.
10
9
succession); 2) has the legal capacity to succeed; and 3)
accepts the successional portion.
a.
b.
c.
d.
e.
f.
13
10
g.
h.
11
each. D however repudiated his share of the
inheritance. Under the law, the 30, 000.00, which
would have passed to him, shall now accrue to B and C
in equal shares. Who shall now be entitled to the 15,
000 accruing to B?
X is now entitled to the 15, 000.00.In other words,
he can now compel the estate of A to pay to him not only 30,
000 to which B is entitled as a legal heir, but even the 15, 000
to which B is entitled by right of accretion. This is because of
the principle of retroactivity as applied to acts and acceptance
or repudiation (Art. 1042 NCC).
What are the kinds of succession?
a.
b.
c.
d.
e.
14
12
Nuncupative or orals wills are not allowed in the
Philippines. A tape- recorded will is still a nuncupative will
What is the difference between an heir, devisee
and legatee?
Heir a person called to the succession either by the
provision of a will or by operation of law. They succeed by
universal title, that is, to all or fraction or aliquot part of the
properties, rights and obligations.
Devisee a person to whom gifts of particular real
properties are given by virtue of a will (devises).
Legatees a person to whom gifts of particular
personal properties are given by virtue of a will (legacies).
What is the importance of the distinction
between heirs on the one hand, and legatees and
devisees on the other?
a.
b.
c.
d.
e.
13
f.
g.
14
11.
23
24
15
25
26
27
the
has
the
this
16
a.
b.
What
Articles?
is
the
distinction
between
the
two
28
2.
28
17
29
Illustrations:
The testator in his will gave his friend X a specified
parcel of land. It turned out that he has 2 friends by
that name. However, while making the will, the
testator orally stated that he was referring to his
neighbor X, but among his files was found a letter
stating that he wanted to give the land to X of
Malaybalay City.
a.
29
18
b.
c.
2.
will?
30
19
When a testator makes a will, the presumption is
that he intends to dispose of all his property. There is no
presumption to die intestate as to any portion of his estate
when the language used can clearly cover the entire estate.
The presumption against intestacy is so strong that
probate courts will adopt any reasonable construction of a will
to make it effective and avoid intestacy. (Booth vs. King, 368
III. 487, 14 N.E. [2nd] 645)
What is the effect of invalidity of one of several
provisions? 31
1.
2.
various
dispositions
are
2.
31
32
33
b.
c.
20
valid, unless after making
properties will belong to him.34
d.
the
will,
said
2.
a.
b.
c.
34
21
the legacy or devise is void, unless the property
subsequently becomes his.41)
What law shall determine the validity of a will
as to its form? 42
A.
1.
b.
a)
For Filipinos
(1)
(2)
(3)
(4)
(5)
b)
For foreigners
(1)
41
42
43
44
45
22
Philippine laws 46 or where he executes
the will. 47
(2)
If the testator is an alien
in the Philippines, he can follow the law
of his nationality 48 or the laws of the
Philippines, since he executes the will
here. 49
2.
a.
46
23
b.
b)
Illustration:
X executed a holographic will in 1923. It was
presented for probate in 1946. It was allowed in 1952.
Was the allowance valid?
No, because there was no law authorizing the
execution of a holographic will in 1923. The law says that the
validity of a will depends upon the observance of the law at
the time it is made. 55
Problems:
a.
53
24
to them may have occurred under the former legislation,
but this is so only when the new rights do not prejudice
any vested or acquired right of the same origin. Thus,
said article provides that if a right should be declared for
the first time in this Code, it shall be effective at once,
even though the act or event which give rise thereto may
have been done or may have occurred under the prior
legislation, provided said new right does not prejudice or
impair any vested or acquired right of the same origin.
the right of ownership of Y became vested in 1949 upon
the death of the testator and this is so because of the
imperative provision of the law which commands that the
rights to succession are transmitted from the moment of
death. The new right recognized by the new Civil Code in
favor of the illegitimate child of the deceased cannot,
therefore, be asserted to the impairment of the vested
right of Y.
b.
c.
25
May a will void at the time of execution
validated by subsequent law changing the formalities
required?
A will which is void for failure to observe the
formalities required at the time of its execution cannot be
validated by the passage of a new law changing the
formalities which now suits its form.
Subsection 2. TESTAMENTARY CAPACITY AND INTENT
Distinguish between testamentary capacity and
testamentary power.
Testamentary capacity as used in the new Civil
Code, is the right to make a will provided certain conditions
are complied with.
Testamentary power is the statutory right to
dispose of property by acts effective mortis causa)
Who have testamentary capacity?
1.
2.
3.
All
natural
persons,
unless
disqualified
by
law.
Juridical
persons
are
not
granted
testamentary capacity;
Persons 18 years or over; and
Persons of sound mind at the time
the will is made.
58
26
27
General rule rebuttable presumption of sanity
(Article 800)
Exceptions
presumption of insanity:
1.
2.
two
instances
of
rebuttable
What
capacity?
is
the
time
for
determining
mental
28
b.
In writing; and
In a language or dialect known to the testator.
Notes:
29
language in which the will was written. On the
authority of Abangan vs. Abangan, 40 Phil. 476,
and Gonzales vs. Laurel, 46 Phil. 750, it seems
that, in order for the presumptions to apply, the
following must appear:
1.
2.
d.
e.
f.
g.
h.
30
Notes:
Some discrepancies:
1)
2)
On
the
other
hand,
the
attestation clause is not required
to state that the agent signed in
the testators presence a
circumstance mandated by the
first and second paragraph of the
article.
31
In Matias vs. Salud, L-10751, 23 June 1958, it was
held that the requisite that the will should be signed by the
testator is satisfied by a thumbprint or other mark affixed by
him (De Gala vs. Ona, 53 Phil. 104; Dolar vs. Diancin, 55
Phil. 479; Neyra vs, Neyra, 42 O.G. 2817; Lopez vs. Liboro,
46 O.G. [Supp. To No1]); and that where such mark is affixed
by the decedent, it is unnecessary to state in the attestation
clause that another person wrote the testators name at his
request (Payad vs. Tolentino, 62 Phil. 849).
Is a cross as a signature sufficient?
A sign of the cross, placed by the testator does not
comply with the statutory requirement of signature, unless it
is the testators usual manner of signature or one of his usual
styles of signing. (Garcia vs. Lacuesta, 90 Phil. 489)
What are the requisites for signing by the
agent of the testator?
Two requisites for signing by the agent:
1.
2.
the
agent
be
one
of
the
attesting
32
33
depend upon proof of the fact that their eyes were actually
cast upon the paper at the moment of its subscription by each
of them, but that at the moment of its subscription and their
position with relation to each other were such that by merely
casting their eyes in the proper direction they could have
seen each other sign. Thus, actual seeing is not required, but
the ability to see each other by merely casting their eyes in
the proper direction.
A executed a will. At the time he affixed his
signature in the will, X, one of the three instrumental
witnesses, was outside of the room, talking to a friend.
When the will was submitted to probate, it was
opposed on the ground that the will is void, as one of
the witnesses was not present when the testator
affixed his signature in the will. Will you approve the
will, if you were the judge?
No, because the will was not signed in the presence
of one of the instrumental witnesses. The law requires that at
the time the testator or all the instrumental witnesses affixed
their signatures, the same must be done in the presence of
one another. Since X was out of the room, he could not be
considered as present and could not have seen the signing of
the document, as there was physical obstruction. (Nera vs.
Rimandi, 18 Phil. 450)
What are the two distinct things required of the
witnesses?
1.
2.
34
cannot be probated. (In
Neumark, 46 Phil. 841)
re
Estate
of
35
3.
of
the
above
36
37
What is the purpose of the law in requiring that
the pages of the will be numbered?
The purpose is to prevent fraud, and to afford means
of preventing substitution of the will. (Lopez vs. Leboro, 81
Phil. 429)
The attestation clause of Xs will does not
contain his signature. At its probate, it is being
opposed on that basis. Is the opposition correct? Why?
No, because the attestation clause is not an act of
the testator. It is an act of the instrumental witnesses. The
testators failure to sign it is not fatal; it is immaterial.
(Abangan vs. Abangan, 40 Phil. 467; Estate of Paula Tray, L2415, July 31, 1950; Fernandez vs. Vergel de Dios, 46 Phil.
922)
Suppose the attestation does not state the
number of pages, is the will valid? Why?
Yes. In Taboada vs. Hon. Rosal, 48 SCRA 195, the
Supreme said that even the attestation clause does not state
the number of pages, if the same can be determined from the
will, it is valid. This is because of the liberality rule or that
there was substantial compliance with the law. (Singson vs.
Florentino, Oct. 25, 1952; Perez vs. Rosal, 118 SCRA 195)
What is the effect if the instrumental witnesses
did not sign the attestation clause? Why?
The will is void, because the total absence of the
signature of the witnesses shows their non-participation. (In
re: Testate of Vicente Cagro, April 29, 1953[92 Phil. 1032])
The attestation clause must be signed by the witnesses at the
bottom thereof, and not on the left hand margin, otherwise, it
would be easy to add such clause to a will on a subsequent
occasion and in the absence of the testator and any or all of
the witnesses.
If the entire document consists of only two sheets,
the first containing the will and the second, the attestation
clause, there need not be any marginal signatures at all
(Abangan vs. Abangan, 40 Phil. 476)
Suppose the attestation clause does not state
that the will was signed by the testator in the presence
of the witnesses, is the will valid? Why?
38
39
40
B.
2.
3.
41
substantial compliance with all the requirements of Article
805. (Article 809)
809)
Defects of substance can be cured only by evidence
within the will itself not by evidence aliunde (extrinsic
evidence).
What is a holographic will?
A holographic will is one entirely written, dated and
signed by the hand of the testator.
State the formalities of a holographic will.
42
A holographic will must be:
a.
b.
c.
d.
e.
f.
43
Probate is the allowance of a will after proving before
a competent court:
1.
2.
44
for
Signature; and
Date
45
813)
a.
b.
c.
The
discussion
above
presupposes that the latter
disposition was dated and signed
by the testator himself.
Therefore;
a.
b.
46
found in page two of the will also authenticated with
his initials. Are such authentications valid?
We must distinguish. The act of A in signing the will
with his initials is a valid authentication. This is clear from
Article 810. The law merely requires that the will must be
entirely written, dated and signed by the hand of the testator
himself. However, the act of A in authenticating the inserted
testamentary disposition with his initials is not a valid
authentication. This is clear from Article 814, which declares
that in case of any insertion, cancellation, erasure or
alteration in a holographic will, the testator must authenticate
the same by his full signature.
Give the rules governing the formal validity of wills.
Articles 815, 816 and 817 lay down the rules of formal
validity of wills:
1.
2.
3.
Thus:
1.
47
2.
3.
4.
48
Are joint wills allowed?
1.
2.
3.
4.
5.
be of sound mind
be at least 18 years of age
be able to read and write
not be blind, deaf, or dumb
be domiciled in the Philippines
not have been convicted (by final judgment)
of falsification of a document, perjury, or
false testimony
How
is
competence
credibility (of a witness)?
distinguished
from
49
truth. Competency as a witness is one thing, and it is another
to be a credible witness, so credible that the Court must
accept what he says. Trial courts may allow a person to testify
as a witness upon a given matter because he is competent,
but may thereafter decide whether to believe or not to believe
his testimony.
Thus, the rule is that the instrumental witness in
order to be competent must be shown to have the
qualifications under Articles 820 and none of the
disqualifications under Article 821 and for their respective
testimony to be credible, that is worthy of belief and entitled
credence, it is not mandatory that evidence be first
established on record that the witnesses have a good
standing in the community or that they are honest and
upright or reputed to be trustworthy and reliable, for a person
is presumed to be such unless the contrary is established
otherwise. In other words, the instrumental witnesses must
be competent and their testimonies must be credible before
the court allows the probate of the will they have attested.
59
50
What is the effect of the subsequent incapacity
of a witness?
It shall not prevent the allowance of the will. But of
course the said witness cannot testify. This does not mean
however that the validity of the will is impaired by such fact.
X made a notarial will with A, B and C as
witnesses. Aside form the other testamentary
provisions in the will, A was given a piece of land as a
devise. Is the will valid?
The will is valid, since there were three credible
witnesses. However, while A is capacitated as a witness, he is
incapacitated to receive the devise, hence the provision
regarding said devise should be disregarded, the rest of the
will being valid.
To whom does the disqualification extend to?
1.
2.
3.
4.
5.
the witness;
the spouse of the witness;
the parent of the witness;
the child of the witness;
anyone claiming the right of said witness, spouse,
parent or child (ex. The creditor of the witness if the
said creditor has not been paid.)
51
Yes. He is disqualified to inherit but not to testify. He
can attest to the due execution of the will at the probate
hearing. He will be admitted as a witness as if the devise or
legacy had not been made or given.
SUBSECTION 5. CODICILS
AND INCORPORATION BY REFERENCE
How is
subsequent will?
codicil
distinguished
from
it
being
the
later
52
1.
2.
3.
4.
1.
2.
3.
53
Can holographic will incorporate documents by
reference?
The test of Article 827 suggests a negative answer.
Paragraph 4 of the article requires the signatures of the
testator and the witnesses on every page of the incorporated
documents (except voluminous annexes). It seems, therefore,
that only attested will can incorporate documents by
reference, since only attested wills are witnesses (unless, of
course, the testator executes a holographic will, and
superfluously, has it witnessed).
Also, a holographic will requires that its contents be
in the handwriting of the testator, thus if the other instrument
is not entirely in the handwriting of the testator, it is
submitted that there can be no valid incorporation by
reference in a holographic will.
Must the codicil conform to the form of the will
to which it refers? (That is, a holographic codicil for a
holographic will, and notarial codicil for a notarial
will?)
The law does not require this. Thus, an attested will
may have a holographic codicil; a holographic will may have
an attested codicil. It is enough that the codicil has the
formalities of a will. Article 826 requires that the codicil be
executed as in the case of a will, not of the will.
SUBSECTION 6. REVOCATION OF WILLS
AND TESTAMENTARY DISPOSITIONS
wills?
in
the
a)
b)
54
(2) If domiciled in the Philippines
(this situation is not covered by
Article 829):
b.
a)
the
his
b)
c)
2.
55
3.
Burning;
Tearing;
Canceling; or
Obliterating.
56
No, intent to revoke is not sufficient. This is only one
of the elements. There must be overt act of burning, tearing,
obliterating, or canceling by the testator or any one under his
express direction. (Manaloto vs. Ca, GR No. 76464, February
29, 1988)
T, the testator, threw his will on a stove but it
was not burned because H, one of the heirs tried to
recover it from the stove. Was the will revoked?
No, because there was no physical destruction.
However, the heir who saved it is not entitled to inherit due to
unworthiness (Article 1032).
T executed a will in 1990 with his nephew N
who was living with him as a principal beneficiary. In
1991, with intent to revoke the will, he sent N to get it
from the safe so that he can destroy it; however,
knowing of the intent of his uncle, substituted another
paper inside the envelope and hid the real will. It was
this envelope which he gave to the testator. The latter,
without investigating the contents, subsequently
destroyed it by burning. After his death in 1992, N
presented the will, which was hidden, for probate. Is
there a revocation in this case?
There is no revocation by burning because although
there was intent to revoke, yet there was no actual physical
destruction. Not all the intention in the world without
destruction can revoke a will; and not all the destruction in
the world without the intention can revoke a will. The two
must always go together. However, the heir who saved it is
not entitled to inherit due to unworthiness (Article 1032).
What is the effect of crumpling of a will?
Crumpling of a will is not equivalent to tearing. There
us no revocation of the same. However, in Roxas vs. Roxas,
48 Phil., the Supreme Court said that crumpling with intent to
revoke constitutes revocation.
What is the effect of tearing of the will up to
the signature only?
If the testator tears the will up to the signature,
there is revocation because to goes to the heart of the will.
However, if it is only the signature of the witness, there is no
revocation.
57
58
separate and independent from the testamentary disposition
contained in the subsequent will. Moreover, the incapacity of
or repudiation by, the heirs is beyond the control of the
testator, but the act of revocation is within his absolute
control.
What is the doctrine of dependent relative
revocation?
The failure of the new testamentary disposition,
upon whose validity the revocation depends, is equivalent to
the non-fulfillment of a suspensive condition, and hence
prevents the revocation of the original will. But a mere intent
to make at some time a will in place of that destroyed will not
render the destruction conditional. It must appear that the
revocation is dependent upon the valid execution of a new
will.
This doctrine is not limited to the existence of some
other document and has been applied where a will was
destroyed as a consequence of a mistake of law.
What is the effect of implied revocation?
It only annuls such dispositions in the prior will as
are inconsistent with or contrary to those contained in the
later will. (Article 831)
What is the effect of revocation
recognition of an illegitimate child?
on
the
59
1.
2.
2.
2.
3.
60
2.
3.
2.
Application:
1.
61
2.
62
1.
2.
3.
2.
63
2.
3.
4.
64
provisionally questions of title to property for the
purpose of inclusion into, or exclusion from the
inventory, without prejudice to a final determination
of the question in a separate action. It is only when
the parties interested are all heirs and they agree to
submit to the probate court the question as to title of
property that the probate court may definitely pass
judgment thereon. (Alvarez vs. Espiritu, G.R. No. L18833, Aug. 14, 1965)
3.
65
[The court may only provisionally
pass upon titles of properties to
be included in the inventory of
estate properties, subject to final
decision in a separate action to
resolve
the
question
of
ownership.]
In probate proceedings, in what instances, if
any, may proof of filiation be allowed and for what
purpose?
1.
2.
66
proceeding is not the protection of the interest of living
persons.
Notes:
He
signature.
needs
merely
affirm
his
handwriting
and
67
1.
2.
3.
c)
before
the
68
What evidence are necessary for the allowance
of wills which have been probated outside of the
Philippines?
1.
2.
3.
4.
5.
RULE 75
RULE 76
69
Section 11 If the will is contested, all the
subscribing witnesses and the notary public in the case of
wills executed under the Civil Code of the Philippines, if
present in the Philippines and not insane, must be
produced and examined, and the death, absence, or
insanity of any of them must be satisfactorily shown to
the court. If all or some of such witnesses are present in
the Philippines but outside the province where the will
has been filed, their deposition may be taken. If any or
all of them testify against the due execution of the will,
or do not remember having attested to it, or are
otherwise of doubtful credibility, the will may,
nevertheless, be allowed if the court is satisfied from the
testimony of other witnesses and from all the evidence
presented that the will was executed and attested in the
manner required by law.
If a holographic will is contested, the same shall be
allowed if at least 3 witnesses who know the handwriting
and signature of the testator explicitly declare that the
will and the signature are in the handwriting of the
testator, in the absence of any competent witness, and if
the court deem it necessary, expert testimony may be
resorted to.
Section 12 Where the testator himself petitions for
the probate of his holographic will and no contest is filed,
the fact that he affirms that the holographic will and the
signature are in own handwriting, shall be sufficient
evidence of the genuineness and due execution thereof.
If the holographic is contested, the burden of disproving
the genuineness and due execution thereof shall be on
the contestant. The testator may, in his turn, present
such additional proof as may be necessary to rebut the
evidence for the contestant.
will?
1.
2.
3.
70
4.
5.
6.
7.
71
1.
2.
3.
4.
b.
72
Concept of legitime:
Legitime is that part of the testators property which
he cannot dispose of because the law has reserved it for
certain heirs whom he cannot disregard known as compulsory
or forced heirs.
heirs
can
2.
He
is
a
testamentary
heir
as
distinguished from a legal or intestate
heir. He is also different from a devisee
or legatee.
73
2.
3.
4.
5.
heirs?
74
6.
1.
2.
3.
4.
5.
6.
7.
8.
75
there is ambiguity in the designation, the ambiguity
should be resolved in accordance with Art. 789.
How much can be disposed of by will?
1.
2.
admissible
to
76
2.
77
heir the first child of my brother Juan and the said
child is conceived and born after the death of the
testator.
What are the classes or groups who can be
instituted as heirs?
1.
2.
3.
4.
78
79
remainder or residue of the estate of A is P120, 000.00.
How shall the distribution be made?
There are 2 provisions of the Civil Code, which must
be applied, Articles 846 and 847. Where there are compulsory
heirs among the heirs instituted, or where all of them are
compulsory heirs, the provision of Art. 846 should be applied
only to the free or disposable portion. Consequently, the
distribution shall be made as follows:
First, satisfy the legitime of B, C, E and F. B and C
shall be entitled to 20, 000.00 each in their own right, while E
and F shall be entitled to 10, 000.00 each by representation.
Then the free portion of 60, 000 shall be divided among all of
them in equal parts in accordance with Art. 846. Therefore,
the shares of each will be:
B 35, 000.
C 35, 000
E 25, 000
F 25, 000
80
b.
81
Before the institution of heirs may be annulled
under Article 850, what are the requisites that must
concur?
1.
2.
3.
law?
The same will not be considered as written unless
such illegal cause appears to be the sole reason for the
institution of the heir.
X institutes Y because he wants him to kill Z. Is
the institution valid?
No, it is void since the real motive is illegal.
82
X institutes Y because during the last election,
he was a flying voter. Is the institution valid?
Yes, because the real motive here is generosity,
liberality or affection and the illegal cause is only incidental.
In Articles 852 and 853, what are the requisites
in order that the said articles will apply?
1.
2.
3.
4.
2.
83
follows:
3.
4.
b.
c.
84
e.
f.
5.
85
and Z 4, 000 thereby leaving a balance of 2,
000 undisposed of. This balance will be given to
the heirs proportionally. X, therefore, will get
furthermore 3/10 x 2, 000 or 600, Y will get
the same and Z will have 4/10 x 2,000 or 800,
thus X will get a total of 3, 600, Y 3, 600 and Z
4, 800 or a total of 12, 000.
6.
Get
the
least
denominator: 12
common
A = 6/12
B = 4/12
C = 3/12
2.
3.
4.
86
For B: 10, 000 769.23 = 9,
230.77
For C: 7, 500 576.93 = 6,
923.07
5.
6.
7.
87
legacies are valid insofar as they are not inoficious. (Article
854)
What are the three kinds of preterition?
1.
2.
3.
88
no preterition unless there is a right of
representation in which case preterition will
still result notwithstanding the predecease
of said compulsory heir.
Where is there no omission:
1.
2.
3.
4.
Testamentary succession,
Legacy or devise,
Donation inter vivos, or propter nuptials,
Intestacy.
89
way of donation intervivos or propter nuptials, and will
receive nothing by way of intestate succession.
What are the effects of preterition?
1.
2.
3.
Other effects:
1.
2.
article?
1.
2.
3.
4.
Adopted children.
90
How do
disinheritance?
you
distinguish
preterition
from
i.
ii.
iii.
iv.
In
preterition,
the
omitted
compulsory heir gets his share
from the entire estate, i.e. not only
his share of the legitime but also of
the free portion not disposed of by
way of devises and legacies, while
in disinheritance, if valid, the
compulsory heir is excluded from
the inheritance and if defective, the
compulsory heir is merely restored
to his legitime, and testamentary
dispositions which are inofficious
reduced.
v.
91
called preterition. This is
not to say however, that
disinheritance
and
preterition are the same.
Disinheritance
consists
precisely
in
the
deprivation
of
a
compulsory heir of his
legitime by virtue of a just
cause provided for by law,
and since disinheritance is
always express, it is
always
voluntary.
Preterition, on the other
hand, is the omission of
an heir in the will.
Consequently, preterition
may also be voluntary but
the law presumes that it is
voluntary
Application:
1.
2.
3.
92
5.
6.
7.
8.
93
9.
94
Rule on Xs objections.
a.
b.
95
96
Predecease
Incapacity
Renunciation
Transmits
nothing
Representatio
n
Transmits
nothing
Representatio
n
Voluntary
Transmits
nothing
No
representation
Transmits
nothing
Transmits
nothing
Representatio
n
Transmits
nothing
Representatio
n
Transmits
nothing
No
representatio
n
Transmits
nothing
No
representatio
n
Transmits
nothing
No
representatio
n
Legal
No
representation
Disinheritanc
e
Transmits
nothing
Representatio
n
Not
applicable
Not
applicable
Application:
1.
i.
ii.
If A is incapacitated?
The same answer as (i).
iii.
97
b.
c.
d.
e.
Notes:
98
99
predecease, incapacity, repudiation or disinheritance
without prejudice to the right of representation
which, however, may exist only in case of
predecease, incapacity or disinheritance but never
when there is repudiation.
Thus,
in
testate
succession,
the
right
of
representation covers only the legitime. In intestate
succession, it covers the entire share of the person
represented. The whole inheritance would descend
by the rules of intestate succession.
SECTION 2. - SUBSTITUTION OF HEIRS
Define substitution of heirs.
100
a.
b.
c.
d.
there
be
substitution
in
devises
and
is
substitution
distinguished
from
101
In case of conflicting claims between a substitute
and an heir entitled to accretion, the former should be
preferred, because his right from the express will of the
testator while that of the latter is derived only from a will
presumed by law.
What are the purposes of substitution?
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
102
1.
2.
3.
4.
5.
1.
2.
3.
Reciprocal (reciproca)
Where the instituted heirs are also made the substitute of
each other.
4.
Fideicommissary (fideicommisaria).
103
for
simple
104
because the law prohibits the testator from imposing any
charges, conditions, or limitations upon that part of his
inheritance. Besides, the power to appoint a substitute
emanates only from the freedom to dispose by will; since the
legitime is not subject to the free disposal of the testator,
there is nothing to justify his right to order vulgar substitution
as to such part.
What are the instances when the substitution is
extinguished?
a.
b.
c.
d.
e.
f.
105
1025); hence, if he had died prior to the
happening of the condition, or the
renunciation, he cannot succeed because of
want of capacity. The capacity must be
determined, not only at the time of the
testators death but also when the condition
happens (Article 1034, par. 3).
X made a will instituting A as heir, and B as
substitute. In 1995, B died, leaving C, his child. In
2000, X died but B is incapacitated to inherit. Can C
inherit from X?
No, because B is a voluntary heir and since he
predeceased the testator, he transmits nothing to his own
heirs.
X made a will instituting B as heir, and B as
substitute. X died in 2000. B renounced the inheritance
in 2001. B died in 2002. Can C, the child of B inherit
from Xs estate?
Yes, because this is not a case of predecease on the
part of B, who after all survived the testator, and immediately
inherited from X, subject to the condition of Bs noninheritance. Since the condition was fulfilled, B inherited. C
gets the estate not as an heir of X but as an heir of B.
X institutes A to 120, 000, B to 20, 000, and C
to 40, 000. The estate is 180, 000. A made the
substitute of B or C; B and C are substitutes of A. A
predeceased B and C. How much will B and C get?
B gets 60, 000. (20, 000 by institution, 40, 000 by
substitution)
C gets 120, 000. (40, 000 by institution, 80, 000 by
substitution)
X makes the following provisions in his will: I
institute A and B to 1/3 of my estate and nominate C as
their substitute. If A predeceases B, will the 1/3
portion go to C?
No, the 1/3 portion goes to B. There is no
substitution by C. Substitution occurs only of both A and B
are disqualified. (The obvious exception to this is a case
where the testator provides for substitution in the event of
106
the death (or renunciation or incapacity) of any one of the
original heirs.)
Note: If one is substituted for two or more original
heirs - effect of default of one but not all of the original heirs:
substitution will not take place; the share left vacant will
accrue to the surviving co-heir or co-heirs. Substitution will
take place only if all the original heirs are disqualified.
A, B and C are instituted, respectively, to ,
1/3 and 1/6 of the estate. Should A predecease the
testator, how much would B and C get?
B and C will acquire As portion in the proportion
of 2:1 (since their testamentary shares are 1/3 and 1/6).
Should B predecease, how much would A and C
get?
A and C will get Bs 1/3 portion in the proportion of
3:1 (corresponding to the testamentary shares of and 1/6).
Should C predecease, How much would A and B
get?
A and B will share Cs 1/6 portion in the proportion of
3:2, by the same logic.
Note: If heirs instituted in unequal shares should be
reciprocally substituted shall acquire the share of the heir who
dies, renounces, or is incapacitated, unless it clearly appears
that the intention of the testator was otherwise. If there are
more than one substitute, they shall have the same share in
the substitution as in the institution.
I institute A, B and C to 1/3 of my estate and
in case they all die before me, I institute D by way of
simple substitution. If A and B predeceases the
testator, will D get any share?
No, the substitution will take effect only upon the
death of all the three. However, if what was stated was any
or all die before me, then D will get A and Bs share.
I institute A to 1/3, B to 1/6, and C to of
my estate and by way of simple substitution, I institute
them as substitutes of one another. If C predeceases
107
the testator, how will his share be divided if the estate
is worth 60, 000?
A = 1/3 = 20, 000
B = 1/6 = 10, 000
C = = 30, 000
a.
b.
c.
d.
e.
108
Distinguish
between
a
fideicommissary
substitution from a simple substitution.
While in the simple substitution, only one of the heirs
inherits, in the fideicommissary, both inherit the property or
right simultaneously, although the enjoyment and possession
are successive.
What are the requisites of the fideicommissary
substitution?
a.
b.
c.
d.
e.
f.
g.
h.
What
the
requirement
one
degree
mean?
There is no question that only one transmission is
allowed in fideicomisoria, from the first heir to the second
heir. But, on top of that, does the term one degree mean
that the second heir must be in the first degree of relationship
with the first heir, as the word degree is used in Article 963,
109
964 and 966? In other words, must the second heir be either
a child or a parent of the first heir?
Yes, ruled the
Ramirez, 111 SCRA 704.
Supreme
Court
in
Palacios
vs.
110
possess the beneficial ownership of the property, although the
naked ownership is vested in the fideicommissary substitute.
What are the obligations of the fiduciary heir?
1.
2.
111
2.
2.
3.
112
X instituted A as first heir, and B as second
heir. X died in 2000. B died in 2001, leaving a son C. On
As death, will C get the property?
Yes. On Xs death in 2000, A got the property and on
As death, same should go to the heirs of B. B really had
already inherited from X since he acquired the right from Xs
death; and his right goes to C, his heir, even if B predeceased
the fiduciary A. Had B predeceased X, B would never have
acquired any right to the property and would not be able to
transmit same to his own heir.
What provisions shall not take effect?
1.
2.
3.
4.
113
[The ostensible heir is in reality only a
dummy, because in reality, the person intended to be
benefited is the one to whom the secret instructions
refer.]
If the testator imposes a longer period than 20
years, is the prohibition valid?
Yes, but only for 20 years.
If there is a fideicommissary substitution, can
the testator impose a period longer than 20 years?
Yes, because the limitation will not apply. Rather,
Article 863 will apply, which allows, as a period, the lifetime of
the first heir.
X devised a land to A and prohibited him never
to sell the property. Is the prohibition valid?
Strictly speaking, the prohibition is of no effect, but
considering Article 870, the same would be valid, but only for
the first twenty years.
X instituted A as first heir, and B as second heir
in a fideicommissary substitution. X died and A got the
property. If A lives for 50 years more, can A sell the
property?
No, he must preserve the property till his death,
then B takes the property.
X instituted A as first heir, and B as second heir
in a fideicommissary substitution. X ordered A not to
sell the property for 30 years, and after said period to
deliver the property the property to B. Is this a valid
stipulation?
Yes, even if the period exceeds 20 years, for after
all, at the end of the 30 years, A cannot give the property to
anybody except B. Moreover, if the first heir can be prohibited
to alienate as long as he lives in order that the same could be
delivered to the second heir, why not for a period of 30 years?
Of course, even if 30 years have not elapsed yet, if the first
heir has already died, the property should be given to B by
virtue of the fideicommissary substitution.
114
X instituted A as his only heir but prohibited
him and all who may subsequently inherit form him to
dispose of the property for a period of 20 years. X died.
If A dies 3 years after X, will As son B still bound to
respect the temporary prohibition?
Yes, for the next 17 years.
Suppose B died after 10 years more, and the
property is in turn inherited by C who is his son, is C
bound not to alienate for the remaining 7 years?
No more, because although a total of 13 years has
lapsed, still to impose the prohibition for the remaining 7
years on C would be beyond the limits of Article 863, since C
is not a first degree relative of A who originally inherited the
property.
[In case there is no fideicommissary substitution, the
testator can prohibit an heir, and all those who may inherit
from the latter, for a total period of 20 years, provided the
same prohibition will not go beyond the limits imposed by
Article 863 (does not go beyond one degree from the heir
originally instituted)]
X died in 1952 with a will. In the will, he
devised a house and lot to A as fiduciary heirs and to
the latters son, C, as fideicommissary substitute,
declaring that said property shall not be alienated for
100 years. A died in 1962. May B now validly alienate
the property?
No. 3 of article 867 provides that provisions which
contain a perpetual prohibition to alienate, and even a
temporary one, beyond the limit fixed in Article 863 shall not
take effect. There are only two limitations stated in Article
863. They are: first that the substitution must not go beyond
one degree from the heir originally instituted; and second,
that both the first heir and the second heir must be living at
the time of the death of the testator. It is evident that in
testamentary dispositions, which contain a perpetual
prohibition to alienate, neither one nor the other can possibly
be violated. He only limitation, which is violated, is that
provided in Article 870. The prohibition to alienate is good for
20 years. Beyond that, it is void. Therefore, in the instant
problem, C must still have to wait for 1972 before he can
validly alienated the property.
115
What is the effect of
fideicommissary substitution?
the
nullity
of
the
116
a.
b.
Summary:
1.
2.
3.
Substitution as to legitime It is
not
only
fideicommissary
substitution
that
cannot
be
established with respect to the
legitimes of compulsory heirs; all
kinds of substitutions are prohibited
in
so
far
as
legitimes
are
concerned. If the testator provides
for a substitution in relation to a
legitme,
the
substitution
is
considered as not imposed.
SECTION 4
117
1.
2.
3.
1.
2.
3.
4.
5.
118
Included in the improper conditions are the
following:
i.
ii.
iii.
GENERAL PROVISIONS
What is the general rule on the testamentary
freedom of the testator (Article 871)?
GENERAL RULE: The right of the testator to impose
conditions, terms and modes springs from the testamentary
freedom. If he has the right to dispose of his estate mortis
causa, then he has the right to make the dispositions subject
to a condition, term or mode.
What is the exception to this testamentary
disposition (Article 872)?
EXCEPTION: The legitime passes by strict operation
of law, independently of the testators will. This is the logical
consequence of the principle that the testator cannot impose
any charge, condition or substitution whatsoever upon the
legitimes, and should he do so, the same shall be considered
as not written. Therefore, the condition can be imposed only
on the free portion and never on the legitme.
EXCEPTION TO THE EXCEPTION: Article 1083 - The
testator can validly impose a prohibition against the
PARTITION of the legitime (not disposition), for a period not
exceeding 20 years. This is the only prohibition or condition
that can affect or burden the legitme.
119
CONDITIONS
What are the general rules on imposition of
conditions?
1.
2.
120
shall be placed under administration until the
condition is fulfilled, or it becomes certain that it
cannot be fulfilled.
2.
3.
or
at
is
in
b)
b.
If
imposed
by
the
deceased spouse or by his
ascendants
or
descendants condition is
valid.
If imposed by anyone else
condition is considered
as not written.
121
or group of persons or when it refers only to
a particular period or places.
Effect: Valid, unless it becomes so onerous
or burdensome
What are the rules in order that the absolute
condition not to contract a subsequent marriage be
valid and enforceable?
1.
2.
Are the
enforceable?
following
conditions
valid
and
122
What is scriptura
captatoria?
captatoria
or
disposition
2.
3.
123
property
heirs.
but
of
his
are
potestative,
1.
2.
3.
casual
and
mixed
Positive:
1.
2.
Exceptions
3.
b.
B.
a.
b.
Negative:
124
a.
b.
again
ii.
125
1.
2.
3.
4.
126
should be delivered to the
intestate
heirs.
A
caucion
muciana has to be posted by the
intestate heirs. The intestate
heirs here are merely considered
a usufructuary because they
have the obligation of preserving
the property until the arrival of
the term when they must
turnover the property to the
second heir
Note: If the heir is instituted to a suspensive
condition and he dies after the testator but before the
fulfillment of the condition, he does not transmit his rights to
his own heirs, for he never inherited.
2.
Resolutory term
Rules:
1.
2.
3.
4.
127
a.
b.
c.
d.
institution
and
1.
2.
Principles:
128
SUBSTANTIAL COMPLIANCE
What are the rules in substantial compliance?
1.
2.
3.
a.
b.
1.
2.
129
130
Yes because in such a case, the alienated property is
substituted by an equivalent. However, his power of disposal
by gratuitous title, whether inter vivos or mortis causa is
limited.
What is the instance in which the law allows
the testator to deprive a compulsory heir of his
legitime?
1.
2.
131
1.
2.
4.
132
that
determine
the
The
The
The
The
2.
3.
133
1.
2.
3.
134
1.
2.
3.
4.
illegitimate
63
LC alone
135
of the estate.
LC and SS
LC: of the estate;
SS: a share equivalent to 1 child.
1LC and SS
LC: of the estate;
SS: of the estate.
LC and IC
LC: of the estate;
IC: share of 1LC.
1LC, IC and SS
LC: of the estate
IC: of share of 1LC;
SS: (preferred) of the estate.
LP alone
of the estate.
LP and IC
LP: of the estate;
IC: of the estate.
LP and SS
LP: of the estate;
SS: of the estate.
LP, IC and SS
LP: of the estate;
136
IC: of the estate;
SS: 1/8 of the estate.
SS alone
of the estate (1/3 of the estate if
marriage is in articulo mortis; of the
estate if living together for 5 years).
SS and IC
SS: 1/3 of the estate;
IC: 1/3 of the estate.
SS and IP
SS: of the estate;
IP: of the estate.
IC alone
of the estate.
IP alone
of the estate.
LEGITIME OF SURVIVNG SPOUSE IN
TESTAMENTARY SUCCESSION (TESTACY)
Concurring
Heirs
Legitime
Free
Portion
Article
Spouse alone
; 1/3;
Art. 900
Spouse
Art. 892
1 leg. Child
Spouse
Same share of
1 leg. child
Remainder
Art. 898
Remainder
Art. 897
2 or more leg.
children
Spouse
Same share of
137
Leg. Children
1 leg. child
Art. 895
Illeg. Children
Art.176,
FC. 65
Remainder not
to exceed free
portion
Spouse
Leg. Parents
Spouse
Illeg. Parents
Spouse
1/3
Illeg. Children
1/3
Spouse
1/8
Leg. parents
Illeg. Children
Spouse
Brothers and
sisters, nephews
and nieces
None
Arts.889 &
893
Art. 903
1/3
Art. 894
1/8
Art. 899
{Cf. Art
1000}
Art. 900
66
Heirs
Legitimate
Share
Alone
Free
Portion
Article
Article
65
Applies if free portion is sufficient, otherwise, free
portion will be divided equally. (Unless otherwise specified by
the testator, sharing in the available free portion is equal
[Article 846].
66
Reason:: They are not compulsory heirs. Hence,
they are not entitled to legitime. They can become heirs only
in intestat4e succession (Article 1001 and 994) or if
designated as devisees or legatees, i.e. as voluntary heirs.
138
child/children
888
Illegitimate
child/children
Alone
Article
901
Legitimate parents
Alone
Article
889
Illegitimate parents
Alone
Article
903
Heirs
Legitimate
parents
Share
Free
Portion
Arts. 888
& 896
Remainder, if
any
Arts.
176(FC)
Art. 903
Article
Illegitimate
children
Legitimate
children
Illegitimate
Children
Illegitimate
children
Illegitimate
parents
of share of
1 leg. child
None (being
excluded)
139
No, in their category as compulsory heirs, the rule is
that the nearer excludes the more remote, except in cases
where the right of representation is proper. This is known as
the rule of proximity.
a.
b.
a.
b.
140
c.
1.
2.
3.
67
141
1.
2.
1.
2.
142
What is the remedy of the compulsory heir if
there are testamentary dispositions that exceed the
disposable portion?
1.
2.
143
What are the seven distinct steps in the
distribution of the hereditary estate in testamentary
succession?
1.
2.
3.
4.
5.
6.
7.
3 steps:
1.
144
2.
145
1.
2.
3.
146
a.
Exceptions
1.
2.
3.
b.
1.
2.
c.
Donation to spouse
General rule not allowed.
68
147
Exception gifts of moderate value; treat
the same as a donation to a compulsory
heir.
d.
1.
2.
3.
4.
1.
2.
3.
148
most preferred) (Art. 773). If the donations were
made with the same date, they shall be reduced pro
rata.
Note: These reductions shall be to the extent
required to complete the legitimes, even if in the process the
disposition is reduced to nothing.
1.
2.
3.
4.
149
had also made two donations P15, 000 to a legitmate
child A, and another P15, 000 to a friend F. In his
will, he instituted his two legitimate children, A and B,
as his heirs. How shall his estate be distributed?
1.
2.
3.
4.
5.
6.
7.
1.
2.
3.
4.
5.
6.
7.
8.
150
9.
1.
2.
3.
4.
5.
6.
7.
8.
9.
1.
151
2.
3.
1.
2.
1.
2.
3.
152
and who belong to the line from which the said property
came.
Illustration and diagram:
Reservatorio
O (Origin)
R (Reservista)
P (Prepositus)
P (prepositus) inherits a piece of land from his father,
O (origin). Subsequently, P dies intestate, single and without
issue, and the land is in turn inherited by his mother R
(reservista). R is now required to reserve the property in
favor of Ps paternal relatives within the third degree
(rerservatorios).
What are the three transmissions are involved
in a reserva troncal?
1.
2.
3.
DESCENDANT (PREPOSITUS)
1. RECEIVES PROPERTY BY
GRATUITOUS TITLE
2. DIED WITHOUT ISSUE
LEG. RELATIVES
ASCENDANT
ASCENDANT (RECEIVES BY LAW)
153
2.
3.
4.
Notes:
154
issue?
The issue of a person consists of his children,
grandchildren, and all other lineal descendants. It means
dying without issue (descendants) in the lifetime or at the
death of the party and not an indefinite failure of issue.
Can there be reserve if the prepositus is an
adopted child?
Under the old rule: No, because adoption only
creates a personal relationship between the adopter and the
adopted; hence, there are no relatives of the adopted or
adopter by adoption. For the same reason, an adopted child
cannot claim the benefit of reserva troncal, and therefore
cannot be a reserve through adoption.
Under the new rule: Yes. The adopted may represent
the adopter in the inheritance of the latters parents (Section
17, R.A. No. 8552 [1988]). 69
69
155
2.
3.
4.
156
Yes. In money, the property is the purchasing power
and not the bills. As such, the value of the money can be
reserved.
The origin/mediate source:
He is either an ascendant or a brother or sister of the
prepositus:
1.
2.
b.
157
prepositus must be a legitimate descendant or a legitimate
half brother of the origin of the property.
The reservista or reservor
He is an ascendant of the prepositus by whatever
degree. The reservista must be an ascendant other than the
origin; otherwise, if the two parties are the same person,
there would be no reserva troncal.
He must be another ascendant other than the
mediate source, if the mediate source is an ascendant.
The reservor must have inherited the property by
operation of law (as share in legal succession or as legitime in
testamentary succession). If he acquire it through other
means, there is no obligation to reserve.
Reserva troncal begins once the reservista inherits
the property. He is bound by the obligation.
The ownership of the reservoir over the property is
full ownership subject, however, to two (2) resolutory
conditions: (1) his death; and (2) on his death, the presence
of relatives of the prepositus who are within the third degree
of consanguinity. Upon the death of the reservor, his
ownership is terminated and the same is transferred to the
reserves.
Should the origin and the reservista belong to
different lines?
Query illustrated: A receives by donation a parcel of
land from his paternal grandfather X. Upon As death, the
parcel passes by intestacy to his father Y (Xs son). The
property never left the line. Is Y obliged to reserve?
One view: No, because another ascendant is one
belonging to a line other than that of the reservista.
Another view: Yes, because: 1) the law makes no
distinction, and 2) the purpose of the reserve is not only
curative, but also preventive; i.e. to prevent the property
from leaving the line. This is the view accepted by the
majority.
May the reservista sell the reservable property?
If so, what is the nature of the sale?
158
159
of the latter [Cano vs. Director, 105 Phil. 1]. The reservable
property cannot be transmitted by a reservista to his or her
own successors mortis causa so long as a reservatorio within
the 3rd degree from the propositus are in existence when the
reservista dies.
Consequently, the creditors of the reservor cannot
attach or levy on execution a reservable property temporarily
held by the reservor.
Can the property reserved be substituted?
The very same property must go to the process of
transmissions in order for the reserve to arise. Thus, the
same property must come from the mediate source, to the
prepositus by gratuitous title, and to the reservista by
operation of law. If the prepositus substitutes the property by
selling, bartering, or exchanging it, the substitute cannot be
reserved, since while the property is with the prepositus,
there is yet no reserve, which commences only when the
property is received by the reservista. Consequently, the
prepositus has, over the property, plenary powers of
ownership, and he may exercise these powers to thwart a
potential reserve. This refers to all kinds of properties real
or personal, fungible or non fungible.
What is the nature of reservistas right?
1.
2.
3.
4.
will,
prefer
some
such
160
prepositus, who shall be entitled to the property
reserved?
The uncles and aunts shall not share in the
reservable property, since under the law of intestate
succession, a decedents uncles and aunts may not succeed
ab intestate so long as nephews and nieces of the decedent
survive and are willing and qualified to inherit.
The reservatorios or reservees:
They are usually the following:
1.
2.
3.
the
requirements
to
be
161
Must the reservatorio also be related to the
mediate source?
One view: No, the article only speaks solely of two
lines, the paternal and the maternal of the descendant,
without regard to substitutions.
Another view: Yes, otherwise, results would arise
completely contrary to the purpose of the reserve, which is to
prevent property from passing to persons not of the line of
origin.
Reserva in favor of reservatorios, as a class
consequence: To be qualified as a reservatorio, is it
necessary that one must already be living when the
prepositus dies?
The better opinion seems to be that this is not
required, because the reserve is established in favor of a
group or class; the relatives within the third degree-not in
favor of specified individuals, as long as one belongs to the
class when the reservista dies, then one is a reservatorio.
As long therefore as the reservatorio is alive at the
time of the reservistas death, he qualifies as such, even if he
was conceived and born after the prepositus death.
What are therefore the only requisites for the
passing of the title from the reservista to the
reservatorio?
They are (1) death of the reservista; and (2) the fact
that the reservatorio has survived the reservista.
From whom do the reservatorios inherit?
They inherit from the descendant propositus and not
from the reservista, of whom the reservatorios are the heirs
mortis causa, subject to the condition that they must survive
the reservista. The reservable property is not part of the
estate of the reservista, who may not dispose of it by will, as
long as there are reservatorios existing.
Is there preference among the reservatorios?
They are beneficiaries in equal shares, regardless of
the difference in degree of relationship with the prepositus.
Is there representation among reservatorios?
162
163
164
Out of this
reservable portion?
1.
2.
P1
Million,
how much
is
the
165
2.
3.
4.
5.
6.
7.
8.
b.
166
SECTION 6. DISINHERITANCE
Define disinheritance
It is the process or act, thru a testamentary
disposition of depriving in a will any compulsory heir of his
legitime for true and lawful causes.
What
are
disinheritance?
1.
the
requisites
of
valid
2.
3.
4.
5.
6.
7.
167
Who has the burden of proving the truth of the
cause for disinheritance?
If there is a testamentary disposition whereby a
compulsory heir is being disinherited for a cause mentioned in
the law, but the said heir denies the truth of the alleged
cause, the burden of proof rests upon the heirs (not
necessarily forced heirs) who wish to sustain the
disinheritance (Article 917). If they cannot prove the truth or
existence of the cause, the disinheritance is void and the
compulsory heir could not be deprived of his legitime.
Preponderance of evidence is enough in proving the truth of
the cause for disinheritance.
A was disinherited by his father on the ground
of refusal without justifiable cause to support him. He
denied it. What is the effect of such denial?
The other heirs should then prove the truth of the
cause for disinheritance. Under the law, the burden of proving
the truth of the cause of the disinheritance shall rest upon the
other heirs of the testator, if the disinherited heir should deny
it (Article 917). Proponent of disinheritance has the burden of
proof. There is no presumption that the cause is true. The
presumption is falsehood.
What is the effect of disinheritance?
The effect of disinheritance is not just deprivation is
not just deprivation of the legitime but the total exclusion of
the disinherited heir, from the inheritance. Thus, the
disinherited heir forfeits:
a.
b.
c.
His legitime;
His intestate portion; and
Any other testamentary disposition made in a prior
will of the disinheriting testator.
What is ineffective disinheritance?
168
If
there
is
ineffective
or
imperfect
disinheritance, will the heir in question get any part of
the free portion other than his legitime?
The heir in question gets his legitime, but as to
whether he will also get any part if the intestate portion or
not, depends on whether the testator gave away the free
portion through testamentary dispositions. If he did, these
dispositions are valid and the compulsory heir improperly
disinherited gets his legitime. If the testator did not, the
compulsory heir will be entitled to his corresponding share of
the free portion as well.
What is the difference
disinheritance and preterition?
between
imperfect
2.
3.
169
4.
5.
6.
7.
8.
170
for adultery or
spouse of the
171
by the court (Article 63 [par. 4] FC). This is
disinheritance without formal disposition in a will.
172
1.
2.
3.
173
If the adopter died intestate, no disinheritance could
be effected because disinheritance can apply only in
testamentary succession.
Under the new law, the adopted child is impliedly
given the right of representation which right was not accorded
to him before (Section 17, R.A. No. 8552).
What are the sufficient causes
disinheritance of parents or ascendants,
legitimate or illegitimate?
1.
2.
3.
4.
5.
6.
7.
8.
for the
whether
NOTES:
Enumeration is exclusive.
Nos. 2, 5 & 7 are the same as the grounds in Art.
919.
Exception to par. 6: Adoption, age of majority.
The loss of parental authority should have been
effected either:
174
i.
ii.
iii.
3.
4.
5.
6.
175
Therefore, if reconciliation occurs before the
disinheritance is made right to disinherit is extinguished. If
it occurs after the disinheritance is made disinheritance is
set aside. In this case, no revocation of the will is needed.
The reconciliation itself repudiates the will.
What are the other ways of lifting or revoking
disinheritance?
1.
2.
c.
of
setting
aside
the
right
of
representation
in
176
disinherited heir; neither can he exercise any right of usufruct
over the same (Article 923).
What is the extent of representation?
The representative takes the place of the disinherited
heir not only with respect to the legtime but also to any
intestate portion that the disinherited heir would have
inherited, if the free portion was not disposed in favor of
testamentary heirs.
Representation, therefore, occurs in compulsory and
intestate succession.
SECTION 7. LEGACIES AND DEVISES
What is legacy?
It is a testamentary disposition of personal property
by particular title.
What is devise?
It is a testamentary disposition of real property by
particular title.
Distinguish
ordinary heir.
legatee
and
devisee
from
an
importance
of
the
177
178
2.
3.
179
1.
2.
3.
What is the
legacies/devises?
1.
rule
on
validity
of
generic
180
2.
c.
When is a
demandable?
legacy
of
periodical
pension
181
1.
2.
3.
vest?
1.
2.
3.
4.
acceptance
and
182
Primarily substitution;
Secondarily accretion;
Tertiarily intestacy.
183
3.
4.
5.
6.
7.
8.
1.
2.
3.
an exception
to
the
principle
of
184
There is one exception to this rule and that is when
the right of representation properly takes place. The reason
for this is that in representation, the representative is raised
by legal fiction to the place and degree of the person
represented so that he acquires the rights which the latter
would have of he were living or if he could have inherited.
What are the exceptions to the rule that
relatives in the same degree shall inherit in equal
shares?
1.
2.
3.
4.
5.
185
What is meant by line?
Line refers to a series of degrees, which may be
either direct or collateral.
Define the different kinds of lines.
1.
2.
3.
1.
2.
3.
4.
5.
186
the person represented, and acquires the rights, which the
latter would have if he were living or if he could have
inherited (Article 970).
Is there accretion in intestacy?
There is accretion in intestacy among heirs of the
same degree, in case of predecease, incapacity, or
renunciation of any one of them. Relatives must be in the
same kind of relationship to the decedent.
This is because of the principle of preference of lines
in intestate succession, thus there can be no accretion among
a grandchild, a grandparent and a brother of the decedent,
even if they are all related to him in the second degree,
because they are not inheriting together in the first place.
Exception when there is no accretion:
In case of predecease or incapacity, representation if
proper, will prevent accretion from occurring (Article 968).
What is the effect of renunciation by all in the
same degree?
The right of succession should first be passed on the
heirs in succeeding degrees (in successive order) before the
next line can succeed, because of the rule if preference of
lines. Thus:
1.
2.
3.
187
Legitime; and
b.
Intestacy.
shall
the
right
of
In testamentary succession:
188
a.
b.
c.
2.
In intestate succession:
a.
b.
his
189
190
1.
2.
3.
2.
Legitimate
children/
descendants;
Illegitimate
children/descendants;
Legitimate parents/ascendants;
Illegitimate parents;
Surviving spouse;
Brothers,
sisters,
nephews,
nieces;
191
7.
8.
c.
Exclude
parents,
collaterals and state.
They
concur
with
surviving
spouse
and
illegitimate children.
They are excluded by no
one.
a.
b.
c.
b.
c.
Exclude
parents,
state
Concur
spouse,
children
parents
They are
one
illegitimate
collaterals and
with
and
surviving
legitimate
legitimate
excluded by no
Exclude
state
collaterals
and
192
b.
c.
Concur
with
surviving
spouse
They are excluded by
legitimate children and
illegitimate children
b.
c.
Exclude
all
other
collaterals and the state
Concur
with
surviving
spouse
Are excluded by legitimate
children,
illegitimate
children,
legitimate
parents, and illegitimate
parents.
b.
c.
(8) State.
Exclude
collaterals
in
remoter degree and the
state
Concur with collaterals in
the same degree
Are excluded by legitimate
children,
illegitimate
children,
legitimate
parents,
illegitimate
parents, surviving spouse,
brothers and sisters, and
nephews and nieces.
193
a.
b.
c.
2.
Excludes no one
Concurs with no one
Is excluded by everyone
[For
rules
of
exclusion
concurrence, see above]
and
(1)
(2)
(3)
(4)
in
2.
3.
4.
194
6.
7.
8.
9.
195
13. Surviving spouse and illegitimate parents
(No article governing)
Surviving spouse of the estate;
Illegitimate parents of the estate by
analogy with Article 997.
14. Surviving spouse and legitimate brothers and sisters,
nephews and nieces (Article 1001)
Surviving spouse of the estate;
Legitimate brothers, sisters, nephews and
nieces of the estate (the nephews and
nieces inheriting by representation, in
proper cases).
15. Surviving spouse and illegitimate brothers
sisters, nephews and nieces (Article 994)
estate;
Surviving
spouse
of
and
the
Illegitimate
brothers,
sisters,
nephews, nieces of the estate
(the nephews and nieces inheriting
by
representation,
in
proper
cases).
16. Illegitimate parents alone (Article 993)
The whole estate.
17. Illegitimate parents and children of any kind (Article
993)
Illegitimate parents excluded;
Children inherit in accordance
with Nos. 1, 2 & 10, supra.
18. Legitimate brothers and sisters alone (Articles 1004
& 1006)
The
whole
estate,
with
a
brother/sister of the half-blood
inheriting the share of a
brother/sister of the full-blood;
196
Legitimate brothers and sisters,
nephews and nieces (Article 1005
& 1008) the whole of the estate,
observing the 2:1 proportion of
full- and half-blood fraternity (No.
18, supra) and the nephews and
nieces inheriting by representation
in proper cases.
19. Nephews and nieces with aunts and uncle (Article
1009 by inference)
Uncles and aunts excluded;
Nephews and nieces inherit in
accordance with No. 22, infra.
20. Illegitimate brothers and sisters alone (no article
governing)
The whole estate, observing the
2:1 proportion of full- and halfblood fraternity by analogy with
No. 18, supra.
21. Illegitimate brothers, sisters, nephews, and nieces
(no article governing)
The whole estate, as in No. 19,
supra, by analogy.
22. Nephews and nieces alone (Article 975 & 1008)
The whole estate, per capita, but
observing the 2:1 proportion for
the full- and the half-blood.
23. Other collaterals (Article 1009 & 1010)
The whole estate, per capita, the
nearer in degree excluding the
more remote.
24. State (Article 1011)
The whole estate, assigned and
disposed as follows:
197
a.
b.
If decedent
Philippines:
never
1.
c.
Personality property to
municipality
of
last
residence
Real property where
situated
a
resident
of
the
where
respectively situated.
2.
b.
c.
198
illegitimate, ascendants are excluded;
consequently, the illegitimates are entitled
to the entire estate. (Article 993)
d.
e.
f.
of
the
199
(4)
(5)
(6)
(7)
SPOUSE AND
CONCURRING
HEIRS
SHARE
ARTICLE
1. Spouse alone
1. All
Articles 995
& 996
1. Spouse
1.
Article 996
2. 1 leg. Child
2.
1. Spouse
Article 996
Articles 999
& 176 FC 71
2. 2 or more leg.
children
1. Spouse
200
2. 2 shares each
2. Leg. Children
3. 1 share each
3. Illeg. children
1. Spouse
1.
2. Leg. parents
2.
1. Spouse
1.
2. Illeg. parents
2.
Article 997
Article 991
(by
analogy)
Article 889
(by
analogy)
1. Spouse
1.
2. Illeg. children
2.
1.Spouse
1.
2. Leg. parents
2.
3. Illeg. Children
3.
1. Spouse
1.
2. Brothers &
sisters, nephews &
nieces
2.
Article 998
Article 1000
Articles
1001 & 994
71
201
If the surviving spouse is given a share equivalent to
the share of the legitimate child (which is one-half of the
estate), nothing would be left to the illegitimate children.
202
3.
4.
Surviving
spouse
children + adopter
and
illegitimate
6.
203
Predecease
Incapacity
Repudiated
In testamentary succession:
a.
As to legitime:
i.
ii.
iii.
iv.
In case of prerdecease of
an
heir,
there
is
representation if there are
children or descendants; if
none, the other heirs
inherit in their own right.
In case of incapacity of an
heir, the results are the
same as in predecease.
In case of disinheritance
of an heir, the results are
the same as in incapacity
or predecease.
In case of repudiation by
an heir, the other heirs
inherit in their own right;
no accretion.
204
b.
b.
c.
205
No, Article 1021, par. 2 provides that should the part
repudiated be the legitime, the other co-heirs shall succeed to
it in their own right, and not by accretion.
State the basic rules in legal succession.
a.
b.
c.
d.
e.
206
a.
b.
define
the
different
kinds
of
b.
the
different
kinds
of
relative
207
a.
b.
c.
d.
2.
3.
4.
5.
6.
7.
8.
208
9.
4.
5.
6.
7.
8.
209
A written condonation, or
The execution by the offended party of a will with
knowledge of the cause of unworthiness.
effect
of
incapacity
upon
210
Within what period must the action be bought?
The action must be bought within five years from the
time the incapacitated heir took possession thereof. (Article
1040)
When is capacity determined?
1.
2.
3.
the
extent
of
representation
in
211
SECTION 3. ACCEPTANCE AND REPUDIATION OF
INHERITANCE
Define acceptance and repudiation.
Acceptance of inheritance is the act by virtue of
which the person called to succeed by universal title by the
testator or by law manifests his will to make as his own the
universality of the rights and obligations which are transferred
to him. Repudiation is the manifestation by such heir his
desire not to succeed to said universality.
Note: In all hereditary succession, three moments
can be distinguished:
a.
b.
c.
repudiates
his
b.
212
c.
213
2.
3.
4.
214
c.
4.
5.
6.
215
considers the act of repudiation more solemn that the act of
acceptance.
Suppose that an heir repudiates his inheritance
to the prejudice of his creditors, what is the remedy of
the latter in order to protect their right?
The creditors in such case may petition the court to
authorize them to accept the inheritance, legacy or devise in
the name of the heir. This acceptance, however, shall benefit
them only to the extent sufficient to cover the amount of their
credits. The excess, should there be any, shall in no case
pertains to the renouncer, but shall be adjudicated to the
persons to whom it may belong in accordance with the rules
established in the Civil Code. (Article 1052)
Note: This is an instance of accion pauliana, which is
the right given to creditors to impugn or set aside contracts,
transactions, or dispositions of their debtors which will
prejudice or defraud them
If the heir should die without having accepted
or repudiated the inheritance, is his right to the
inheritance extinguished?
No, if the heir should die without having accepted or
repudiated the inheritance, his right shall be transmitted to
his heirs. (Article 1053) This rule is a consequence of the
principle that the right of succession vests at the moment of
death (Article 777). Therefore, the right of the heir who dies
before accepting or renouncing is already vested and is
transmitted to the heir.
But in order that this be available two requisites
must concur:
a.
b.
216
testamentary heir, he is deemed to have renounced as
intestate heir as well.
What is the effect if an heir renounces as an
intestate heir without knowledge of his being a
testamentary heir?
He may still accept it in the latter capacity (Article
1055, 2nd par); that is, he is not deemed to have renounced
as testamentary heir and may therefore accept or renounce
separately in his capacity as a testamentary heir.
Rationale: The testamentary disposition is the
express will of the testator, whereas intestacy is only his
implied will. One who renounces the express will is deemed to
have renounced the implied also, but not the other way
around.
Note: This rule is not applicable to legitime. In view
of the rationale of the rule, should the heir be simultaneously
as compulsory heir and a testamentary heir, he can accept
either or both. The legitime passes not because of any implied
will or wish of the decedent but by strict operation of law,
irrespective of the decedents wishes. Thus, the term ab
intestato in this article refers solely to intestate succession.
What is the nature of the acceptance or
repudiation of an inheritance?
The acceptance or repudiation of an inheritance,
once made, is irrevocable, and cannot be impugned (Article
1056).
The exceptions are:
a.
b.
217
1.
2.
3.
b.
an
218
Articles covered: 1062, 1063, 1064, 1065,
1066, 1068, 1069, 1071, 1072, and 1073.
c.
4.
5.
b.
219
Reason: Because the said person is not the
recipient of the conveyance. The donation to
the grandchild should therefore be imputed
to the free portion, since it is a donation to
a stranger.
c.
here
is
one
made
to a
e.
f.
220
7.
221
1)
2)
b.
8.
i.
ii.
If
the
donee
renounces
the
inheritance, because
in this case the donee
gives up his status as
a compulsory heir and
therefore cannot be
considered as one.
(Article 1062)
strangers
9.
222
(subject to the same rules and exceptions
laid down in Article 1062).
Cases where the grandchildren inherit in their
own right as would happen in case of
repudiation by the parents - the said
grandchildren shall be bound to collate what
they themselves have received from the
grandparent during his lifetime and not the
donation given to their father since as to that
portion, it is equivalent to a donation made to a
stranger and therefore imputable to the free
portion.
10. What is the rule as to sums paid by a parent in
satisfaction of the debts of his children, election
expenses, fines, and similar expenses? (Article 1069)
They shall be brought to collation, meaning, it should
be imputable to the childs legitime.
11. What value should be considered in the computation
and imputation? (Article 1071)
Only the value of the thing donated at the time the
donation was made should be considered in the
computation of the donors estate.
Reason: Any appreciation or depreciation of the thing
after that time should be for the donees account,
since donation transfers ownership to him. Thus any
accretion should belong to him.
12. What are rights of the co-heirs if the donees share
shall be reduced by an amount equal to that already
received by him? (Article 1073 and 1074)
a.
b.
223
equivalent
in
cash
or
securities, at the
rate of quotation.
(2) Should there be
neither cash nor
marketable
securities in the
estate, so much
of
the
other
property as may
be
necessary
shall be sold to
public autction.
ii. If the property was movable:
(1)
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224
b.
c.
PARTITION
Define partition.
Partition, in general, is the separation, division and
assignment of a thing held in common among those
74
225
to whom it may belong. The thing itself may be
divided, or its value. (Article 1079)
Every act, which is intended to put an end to
indivision among co-heirs and legatees or devisees,
is deemed to be a partition, although it should
purport to be a sale, an exchange, a compromise, or
any other transaction. (Article 1082)
2.
2)
d.
2)
e.
Extra-judicial when it is
effected by the testator himself,
or by some person named by
such
testator, or
by
the
participants
or
co-owners
themselves amicably or by
common accord.
(1) Made
by
the
testator (Article
1080)
226
(2) Made
by
the
decedent in an
act inter vivos
(Article 1080)
(3) Made
by
the
heirs themselves
(Rule 74, Sec.,
Rules of Court)
(4) Made by a third
person entrusted
by the testator or
decedent (Article
1081, par. 1).
2)
3.
5.
227
A mere partition inter vivos which does not observe
the formalities of a will cannot, by itself, make
testamentary dispositions, because that would
circumvent the requirement of law that dispositions
mortis causa can be made only by means of a will. A
person cannot, in the guise of making a partition,
make disposition of property to take effect upon his
death.
6.
7.
8.
By will, or
By act inter vivos
9.
228
76
229
b.
c.
d.
14. Where there are two or more heirs, the whole estate
of the decedent is, before its partition, owned in
common by such heirs, subject to the payment of
the debts of the deceased. (Article 1078)
The immediate effect of the decedents death is the
vesting of the success ional rights of the successors
because the rights to the succession are transmitted
from the moment of the death of the decedent
(Article 777). The estate however is a mass of
properties. The immediate effect, therefore, of the
decedents death is a co-ownership of the heirs over
the entire mass. Partition ends the co-ownership
among the co-heirs as to the thing partitioned.
Kinds of partition:
a.
b.
230
15. In institutions with a suspensive condition, when can
the voluntary heirs demand partition?
a.
b.
17.
231
b.
c.
d.
e.
f.
g.
Note:
>Sale must be made to stranger a stranger within
the meaning of this article is anyone who is not a coheir. (Basa vs, Aguilar, 117 SCRA 128)
>When right of redemption may be exercised the
right may be exercised only before partition, not
after. (Caro vs, CA, 113 SCRA 10)
>Written notice is required without it period does
not commence to run (Garcia vs. Calaliman, 172
SCRA 201)
20. What is the rule if a thing is indivisible, or would be
much impaired by its being divided? (Article 1086)
a.
b.
21. Upon partition, what are the obligations of the coheirs among each other? (Article 1087)
The co-heirs shall reimburse one another:
a.
b.
c.
232
The same rule in co-ownership (Article 500)
22. To whom shall the title be delivered if it comprises
two or more pieces of land, which have been
assigned to two or more co-heirs, or when it covers
one piece of land, which has been divided between
two or more co-heirs?
a.
b.
Note: This article only provides for the right over the
document. The co-heirs, however, have the right to
have the title divided into individual titles, separate
for each of the owners to correspond to the separate
portions held by them respectively.
1.
EFFECTS OF PARTITION
233
The reciprocal obligation of warranty shall be
proportionate to the respective hereditary shares of
the co-heirs. (Article 1093)
25. What is the effect of the mutual warranty of the coheirs if any of them is insolvent?
The other co-heirs shall be liable for his part in the
same proportion, deducting the part corresponding
to the one who should be indemnified. (Article 1093)
26. What is the right of the heirs who pay for the
insolvent heir?
Those who pay for the insolvent heir shall have a
right of action against him for reimbursement,
should his financial condition improve. (Article 1093,
par. 2)
Exception [When there is nor right to be reimbursed]
When the insolvency has been judicially declared,
since judicially declared insolvency extinguishes all
obligations.
27. What is the period within which to file an action to
enforce the warranty among co-heirs?
It must be brought within ten years from the right of
action accrues. (Article 1094)
28. If a credit should be assigned as collectible, what is
the effect of the subsequent insolvency of the
debtors estate on the co-heirs?
The co-heirs shall not be liable for the subsequent
insolvency of the debtor of the estate, but only for
his insolvency at the time the partition is made
(Article 1095). [The warranty covers only insolvency
of the decedents debtor at the time of partition, not
subsequent insolvency, for which the co-heir takes
the risk.]
29. What is the period within which the warranty of the
solvency of the debtor can be enforced?
It can only be enforced during the five years
following the partition. (Article 1095, par. 2)
234
b.
c.
d.
e.
RESCISSION
PARTITION
AND
NULLITY
OF
235
b.
236
b.
237