Law On Succession

SUCCESSION 1 of 56
THE AWESOME NOTES
RULE ON TRANSMISSIBILITY OF PECUNIARY

GENERAL PROVISIONS
OBLIGATIONS
BEFORE DISTRIBUTION OF THE ESTATE

DEFINITION
- obligations of the estate must first be satisfied
LIABILITY OF THE HEIRS TO SUCH OBLIGATIONS

SUCCESSION OF THE ESTATE
is a mode of acquisition, by virtue of which - limited only up to the value of the property they
the property, rights and obligations to the
extent of the value of the inheritance of a
person

received from the estate
WHEN HEIRS ACQUIRES RIGHT OVER

are transmitted through his death
to another or others
by his will or by operation of

INHERITANCE
ONLY FROM
INHERITANCE

law

the moment of the death of the testator
THIS REMAIN TRUE EVEN

all property, rights and obligations of a person • before judicial declaration of their being heirs

- which are note extinguished by bis death
DECEDENT
in the testate or intestate proceedings.
- as after such declaration, their rights
retroact to the moment of the death of
person whose property is transmitted through
succession, the decedent

whether or not he left a will HENCE; PRIOR TO THE DEATH OF THE TESTATOR
- the interest of the heirs over the inheritance is merely
IF DECEDENT HAS LEFT A WILL

- he is called Testator
inchoate or a mere expectancy.
Q: CONTRACT ENTERED UPON FUTURE

EXTENT OF INHERITANCE INHERITANCE
• only transmissible property, rights and obligations; or

• those not extinguished by the decedent's death
A: void
REQ:
NOTE: OBLIGATION 1. succession has not yet been
thus, it follows that the heirs does not succeed opened
only to rights and properties, but as well as the 2. the object of the contract forms

decedent's obligations.
RULE OF TRANSMISSIBILITY OF RIGHTS AND

part of the inheritance
3. the promissor has with respect to
the object, an expectancy of a

OBLIGATIONS

right which is purely hereditary in
nature

TRANSMISSIBLE RIGHTS AND OBLIGATIONS
NOTE: the law in force at the time of the decedent's

• Patrimonial Rights
UNLESS:
death

- shall determine who are the heirs.

otherwise provided by will or by law

ESTATE TAX

• Rights and obligations arising from contracts
UNLESS:
STATE CAN COLLECT

- from the moment of death of the decedent
not transmissible by their nature, stipulation or VALUATION

law
NOT TRANSMISSIBLE
- based on the value of the estate at the time of the
death of the decedent
REGARDLESS OF

- purely personal rights

- subsequent appreciation or depreciation
prepared by: ronie ablan

AAA - BASTE / ATB
SUCCESSION 2 of 56
THE AWESOME NOTES
Q: if the heirs inherit shares of stock of a

corporation, do they automatically becomes the SH
of said corporation?

HEIR, DEVISEE AND LEGATEE
HEIR

A: NO!
THE RULE:
- person called to he succession either by provision of

the will or by operation of law
transfer of title by means of succession, though DEVISEE

effective and valid between the parties involved,
DOES NOT BIND
- person to whom gifts of real property is given by will
corporation and 3rd persons LEGATEE

- person to whom gifts of personal property is given by

TO BIND CORPORATION
GEN RULE:

will.
HEIR DEVISEE LEGATEE

The transfer must be registered in the books of
the corporation to make the transferee-heir a
anyone who succeeds person who succeed the

SH
EXE
to the whole or to a
portion or fraction of
testator in a determinate
or individualize thing or
the inheritance quantity
Registration of Transfer shall not be required
when; exist in testamentary c a n o n l y e x i s t i n
- the transferee held definite and uncontested a n d i n i n t e s t a t e testamentary succession
titles to a specific number of shares of the successio

corporation
KASI:
IN CASE OF PRETERITION
the registration here becomes mere the institution of heirs remains effective to the
formality nalang in confirming their is annuled extent that the legitime
are not impaired

status as sh.

KINDS OF SUCCESSION
TESTAMENTARY SUCCESSION

KINDS OF HEIRS
VOLUNTARY HEIRS
- designation of an heir is made in a will, executed in - those who are instituted by the testator in his will

the form prescribed by law - the right to succession is entirely dependent upon the
LEGAL OR INTESTATE SUCCESSION

- if a person dies intestate, or with a void will, or one

will
LEGAL OR INTESTATE HEIRS

which has subsequently lost its validity
MIXED SUCCESSION
- those who succeed to the estate of the decedent who
dies without a valid will, or such portion not disposed of

- effected partly by will and partly by operation of law
by will
COMPULSORY HEIRS
common: - those who succeed by force of law to some portion of
intestate succession with regard to free portion
not disposed by the will

the inheritance called the legitime
LEGITIME
COMPULSORY SUCCESSION - an amount predetermined by law, of which
- by operation of law, with resect to the legitime in favor they cannot be deprive by the testator, exe by

of compulsory heirs

valid disinheritance

AAA - BASTE / ATB
SUCCESSION 3 of 56
THE AWESOME NOTES
M A K I N G O F W I L L S I S P U R E LY
TESTAMENTARY SUCCESSION PERSONAL ACT

CONSEQUENCES
1. the making of the will cannot be left in whole or in
WILLS IN GENERAL

WILL; defined as
part to the discretion of a 3rd person
2. cannot be accomplished through the instrumentality
of an agent or attorney
a personal, solemn, revocable and free act 3. testator cannot make testamentary disposition in
by which a capacitated person such a manner that another person has to
disposes of his property and rights; and determine whether or not it is to be operative
declares or complies with duties 4. will cannot be subject of a compromise agreement

to take effect after his death. which would thereby defeat the very purpose of
NOTE: WILL MUST BE IN WRITING

ART. 804
making a will

every will must be in writing
WITH RESPECT TO DELEGATION;
WHAT CANNOT BE DELEGATED

RIGHT TO MAKE A WILL IS PURELY STATUTORY (essence of will making)
ART. 783 1. the designation of HDL
a person is only permitted with the formalities 2. duration or efficacy of such designation (including
prescribed by law, to dispose of his estate effective such terms, conditions or substitutions); and

upon his death through his will 3. the determination of the portion they are to receive,

DISPOSITION OF HIS ESTATE BY WILL when referred to by name
EXE: it is proper when

DIRECTLY 1. what is delegated is purely mechanical act of

- by designating persons who shall inherit drafting the will
INDIRECTLY
2. what is delegated is

- by validly disinheriting
NOTE: WILL WHICH PROVIDES A

• the manner of distribution of specific property or
sum of money that the testator leave in general
PROVISION DISINHERITING AN HEIR

to SPECIFIED CLASS or CAUSES

- it can only be effected after probate of the will.
WILL TO TAKE EFFECT AFTER THE TESTATOR'S

PROVIDED
the testator has already determined the
DEATH
property or amount of money to be given

AS: a will is a disposition mortis causa
Q: is a survivorship agreement between H and

• the designation of the person, establishment or
institution to which such property or sum of
W with respect to their joint bank account be

deemed as conveyance mortis causa and

money to be given or applied
PROVIDED
hence should be embodied in a will? the testator has already determined the class
A: NO
- because since it is a joint account, a nature of
conjugal funds, it does not comes within the

or cause to be benefited
NOTE: #2
term of a will no delegation of the will or testamentary
which is "dispose of his property and disposition as the testator himself has already
 

rights." made the disposition
- what is delegated here is the details of its
execution
 

AAA - BASTE / ATB
SUCCESSION 4 of 56
THE AWESOME NOTES
RULES IN INTERPRETATION OF RULE THAT INTENT OF TESTATOR IS SUPREME

WILLS

LAW IN SUCCESSION
RULE FAVORING TESTATCY

interpretation that the will render a testamentary

ON NON-TECHNICAL WORDS
GEN RULE:
disposition operative TAKE PRECEDENCE - to be taken in their ordinary and grammatical
over construction that will nullify a provision of
the will.
sense
EXE:
BASTA: interpretation which shall prevent clear intention to use them in another sense

intestacy can be gathered
AND the other sense can be

RULE IN CASE OF AMBIGUITY

ascertained
LATENT AMBIGUITY
(intrinsic)
PATENT AMBIGUITY
(extrinsic)
ON TECHNICAL WORDS
GEN RULE:
NATURE

to be taken on their technical sense
EXE:
ambiguity which cannot ambiguity appears upon
be seen from a mere t h e f a c e o f t h e 1. context clearly indicate a contrary intention;
perusal of the will or on instrument or

the face of the will
DETERMINABLE ONLY
2. satisfactorily appears that the will was
drawn solely by the testator who was
- upon consideration of
extrinsic circumstances
unacquainted with such technical sense
EXAMPLE
RULE IF SOME DISPOSITIONS ARE INVALID
GEN RULE
it does not result in the invalidity of the other
when testator named when the designation is
"Anna" as his heir, when
he has several relatives
not definite
I designate some of the
dispositions
EXE
named Anna children of my brother as
a devisee when it is to be presumed that -
HOW TO ADDRESS AMBIGUITIES

the testator would not have made such other
disposition IF
DETERMINE THE INTENTION OF THE the first invalid disposition had not been made.

TESTATOR BY RULE ON PROPERTIES ACQUIRED AFTER
FIRST
EXECUTION OF WILLS

examining the words of the will
IF NOT ENOUGH
GEN RULE:
not deemed included among the properties disposed of
resort to parole or extrinsic evidence to

• show the situation of the testator; and

in the will
EXE:
• all relevant facts and circumstances
surrounding him at the time of the making of
contrary intention appears

the will
PAROL OR EXTRINSIC EVIDENCE;

ie.
testamentary disposition provides for the
USE IS LIMITED ONLY TO

- written declaration made by the

"whole estate" or "entire inheritance."

testator outside of the will
HENCE: cannot use

- oral declaration of the testator
to establish his intentiin

AAA - BASTE / ATB
SUCCESSION 5 of 56
THE AWESOME NOTES

RULE ON THE EXTENT OF LEGACY OR DEVISE
IF THE TESTATOR OWNS THE ENTIRE

LAWS GOVERNING THE VALIDITY OF WILLS
FORMAL VALIDITY INTRINSIC VALIDITY

ESTATE
GEN RULE
(extrinsic)
LEX LOCI LEX NATIONALII

it shall cover all the interest which the testator CELEBRATIONIS - the national law of the
could devise or bequeath in the property - the law of the country in person whose
which they are executed succession is under

disposed of
EXE:
consideration
law in force at the time of law in force at the time of

clearly appears that the testator intended to the execution of the will the death of the testator

convey a lesser interest
IF THE TESTATOR ONLY OWNS A PART OR

INTEREST IN PROPERTY
GEN RULE
legacy or devise shall be understood limited to

such part or interest
REGARDLESS ON WON
the testator knows that the thing is

EXE:
partly owned by another
should the testator expressly declares that he

gives the ENTIRE thing to the the devisee or
legatee, and he KNOWS that the thing

bequeathed partly belongs to another
IN THIS INSTANCE,

testator is liable, either by
1. should he subsequently acquire

the subject property, it shall
pertain to the devisee or legatee
2. should he failed to acquire, the ff
shall transpire:
• the heirs upon whim the
obligation is imposed or the
estate
- must acquire the
interest of the 3rd
person in the thing and
- give the sane to the
legatee or devisee;
• should the 3rd person refuses
to alienate the same or
demands for an excessive
price, the heirs or estate shall
only be obliged
- to give the just value
of the interest of the
third person

AAA - BASTE / ATB
SUCCESSION 6 of 56
THE AWESOME NOTES
TESTAMENTARY CAPACITY note:

QUALIFICATION AND CAPACITY TO MAKE A WILL
mere omission of some of his
relatives
- does not affect the validity of
1. the capacity of a person to make a will shall be
governed by his national law

the will

2. only natural persons are qualified to make a will
EXE FOR #2
CHARACTER OF TESTAMENTARY
ACT
that the testator is aware that the
a. expressly prohibited by law
instrument he is executing
b. below 18 years of age
c. unsound mind at the time of the execution

is a disposition mortis causa.
of the will
NOTE:

BURDEN OF PROOF
GEN RULE
PERSON SUFFERING FOM CIVIL
INTERDICTION IS QUALIFIED TO MAKE A
WILL

law presumes sanity
HENCE: the burden of proof is upon

- as for civil interdiction, it only deprives a
the person who alleges that the
person to make disposition of his properties
testator is of unsound mind at the time

inter vivos, but not mortis causa
MARRIED WOMAN MAY MAKE A WLL

of making the will.
EXE:

WITHOUT THE CONSENT OF HIS HUSBAND
1. the testator 1 MONTH OR LESS,
before the execution of the will,

IN RE: SOUNDNESS OF MIND
WHEN REQUIRED
was publicly known to be insane.
2. testator executed a will AFTER
BEING PLACED UNDER

at the time of the making of the will
HENCE:
GUARDIANSHIP, in case of
insanity, and such was made
• supervening incapacity does not in invalidate

a will

BEFORE the order was lifted.
CONSEQUENCE:
• if of unsound mind at the time of the burden of proof is shifted to the
execution of the will
person who alleges the validity
- supervening capacity does not cure
of the will
the defect
- that the same was executed
during lucid interval 

TEST OF SOUNDNESS OF MIND
THE TESTATOR MUST HAVE THE ABILITY

TO KNOW
1. the nature of the estate to be disposed of
2. the proper object of the testator's bounty

3. the character of the testamentary act
NATURE OF ESTATE
enough na;
- fairly accurate knowledge of what he
owns
not req:
to know every details of his
property
PROPER OBJECT OF HIS BOUNTY

testator must know under ordinary
circumstance
- his relatives in the most proximate
degree

AAA - BASTE / ATB
SUCCESSION 7 of 56
THE AWESOME NOTES
TWO KINDS OF WILLS

SPECIAL FORMALITIES
1. must be subscribed at the 1. it must be entirely written by

NOTARIAL WILLS HOLOGRAPHIC WILLS end thereof the testator himself
- by the testator himself; or 2. it must be dated
- by the testator's name written 3. it must be signed by the hand
one which is NOT entirely in the
handwriting of the testator
is required to be:
1. entirely written by the testator
by some other person in his
presence and by his express
of the testator himself
BUT
which is required to follow the
formal requirements provided in
2. dated; and
3. signed
= by him personally

direction
2. it must be attested and

Art. 805 and 806 NCC subscribed by at least 3 credible
witnesses
FORMAL REQUIREMENTS COMMON TO BOTH WILLS - in the presence of the testator
1. the will must be in writing

and of one another
3. the person requested by him

2. must be executed in a language known to the testator to write his name
- must also sign every page exe

NOTE:
LEX LOCI CELEBRATIONIS

the last,
- on the left margin
- in the presence of the
- the forms and solemnities of wills shall be governed by the laws of

the country in which they are executed
witnesses
4. the witnesses must sign

MANDATORY REQUIREMENT THAT THE WILL MUST BE IN - every page, exe the last
WRITING - on the left margin

- HENCE; if otherwise, it is void and cannot be probated
NUNCUPATIVE WILLS
- in the presence of the testator

and of one another
- oral wills declared or dictated by the testator and dependent 5. all pages must be numbered

merely on oral testimony.
SINCE NOTARIAL WILLS ONLY REQ THAT IT MUST BE IN

correlatively in letters

- on the upper part of each page
WRITING, EVEN NOT PERSONALLY BY THE TESTATOR 6. it must also contain an

it follows then that, it may either be: attestation clause which
1. entirely written by the testator himself.
2. partly written by the testator himself and partly by another
3. entirely printed, engraved or litographed; or

expressly states the ff:
a. the number of pages used

4. partly written, by testator or by another, and partly printed etc.
REQ THAT IT MUST BE IN A LANGUAGE KNOWN TO THE

upon which the will is written
b. the fact that

TESTATOR
THE LAW HOWEVER DOES NOT REQ

- the testator signed the will and
every page thereof, or
- cause some other person to
- that it be stated in the will itself or in the attestation clause that it write his name, under his
was executed in a language or dialect known to the testator express direction,

- as it can be established by extrinsic evidence / proof aliunde
NOTE:
# in the presence of the

instrumental witness

law presumes that it is executed in a language known to the testator c. the fact that
- the witnesses witnessed and
signed the will and all the pages

thereof
- in the presence of the testator

and of one another
7. it must be acknowledged
before a notary public

- by the testator and the
witnesses

AAA - BASTE / ATB
SUCCESSION 8 of 56
THE AWESOME NOTES
DISCUSSION d.attestation clause stating

FORMAL REQUISITES OF NOTARIAL WILLS
[FIRST]
• the fact that the testator caused some other
person to write his name
• under his express direction; and
must be subscribed at the end thereof • in the presence of the instrumental
• by the testator himself; or
• by the testator's name written by some other
person in his presence and by his express
witnesses
Q: can the person who signed the testator's
direction
2 WAYS BY WHICH THE TESTATOR CAN

name on the will upon the request of the
testator be one of the 3 witnesses?
A: NO
SUBSCRIBE ON A NOTARIAL WILL - as he must signed in the presence of the

testator and of 3 other instrumental witnesses
I. BY PERSONALLY SUBSCRIBING
sufficient na that it is personally signed by the

SIGNATURE OF THE 3RD PERSON SIGNING
ON BEHALF OF THE TESTATOR UPON
testator himself. LATTER'S REQUEST
HENCE; not required that it must also the testator's name must appear both in the
be handwritten by him
thumbprint may also do, as well as placing an

- attestation clause and

- the dispositive portion
X against his name, intending that such cross absence of one; it is not deemed as signed with
to be his signature.
NOTE: for an X to suffice as signature of the
testator

the testator's name
RATION: WHY IT MUST BE SUBSCRIBED AT

• not only that he intended that such to be THE END OF THE WILL
his signature, but - to prevent fraud or interpolations between the
• also requires that it must be his habitual
signature or one of the way by which he
testamentary dispositions and the signature
signed his name END OF THE WILL

- the point where the last testamentary
the testator must sign in the presence of at
least 3 instrumental witnesses
disposition ends
- otherwise, the will is null and void.
TRUE TEST OF PRESENCE OF THE

NOTE: the signature here is valid
- as it does not contain testamentary
disposition.
TESTATOR AND THE WITNESSES  
if the witness could see everything that [SECOND]
took place must be attested and subscribed
• by merely casting his eyes in the BY AT LEAST 3 CREDIBLE WITNESSES
proper direction; and
• without any physical obstruction to
- in the presence of the testator and of one another
prevent his doing so 2 ACTS REQUIRED OF THE WITNESSES

1. to attest; and
II. BY LETTING SOMEONE SIGNED THE
TESTATOR'S NAME IN THE LATTER'S
PRESENCE AND BY HIS EXPRESS

2. to subscribe
ATTESTATION
DIRECTION consists in witnessing the testator's execution

of the will

REQUISITES
a. the person requested by the 3rd person to

IN ORDER TO SEE AND TAKE NOTE
MENTALLY
• that those things are done which
sign for him must sign in the presence of the stature requires for the
• the testator; and execution of the will; and

• the instrumental witness
b. that the signing is under

• that the signature of the testator
exists as a fact.
• the express direction of the testator
c. the person requested by the testator

SUBSCRIPTION
is the signing of the witnesses' names upon the
same paper
• must sign the testator's name, FOR THE PURPOSE OF
• and not his identification of such paper as the will

- which was executed by the testator

AAA - BASTE / ATB
SUCCESSION 9 of 56
THE AWESOME NOTES
Q: supposing the will has only 2 pages. the witnesses EFFECT IF WITNESS RECEIVES BY WAY OF
signed both page on the left margin, and did not signed
the attestation clause found on the 2nd page. is the
signature on the left margin suffices?

LEGACY OR DEVICE
GEN RULE

A: NO. different purpose kasi
PURPOSE OF SIGNATURE ON LEFT

the will shall remain valid
• as it does not disqualify him to be a
witness
MARGIN • but shall only invalidate the devise

- signify that the witnesses are aware that the
page they are signing forms part of the will
EXE:
or legacy in favor of the witness
P U R P O S E O F S I G N AT U R E O N T H E the testamentary disposition in favor of

ATTESTATION CLAUSE the witness shall be valid if
- for the purpose specified thereon.
NUMBER OF WITNESSES
- there are 3 competent witnesses
aside from him

- 3 credible witnesses or more
NOTE:
[THIRD] 
the person requested by him to write his name
• must also sign every page exe the last,
the notary public before whom the will was • on the left margin
acknowledged cannot be counted as the third

instrumental witness
• in the presence of the witnesses
3 REQUIREMENTS UNDER THIS REQUISITE

NOTE: 1. the testator or the person requested by him to write
the witnesses must signed in the presence of his name must sign on every page, exe the last

the testator and of one another 2. such signature be on the left margin; and
3. the signature must be done in the presence of the
QUALIFICATIONS OF WITNESSES
1. must be of sound mind
2. at least 18 years of age

witnesses
PAGE
3. not be blind, deaf or dumb - if both pages of the sheet or leaf are used, it
4. able to read and write is therefore necessary that both front and
5. domiciled in the Philippines reverse sides should bear the signature of the
6. not have been convicted of
• falsification of a document
testator and of each of the witnesses
SIGNATURE PLACED ON THE LEFT MARGIN

• perjury or false testimony
NOTE: LEX LOCI CELEBRATIONIS

- merely directory
- sufficient na that every page, exe the last, the
wills executed in foreign countries, the law
allwis him to follow the formalities of the place
of execution.

signature of the witnesses are present.
PURPOSE OF SIGNATURE ON EACH PAGE

- hence, if such is the case, the witness need - to avoid the substitution of any of said sheets
and thereby changing the testator's disposition
not be domiciled the country. and among

others...
[FOURTH]

QUALIFICATION IS DETERMINED the witnesses must sign
- at the time of attestation of the will • every page, exe the last
HENCE: subsequent incapacity shall • on the left margin
not affect the validity of the will

• in the presence of the testator and of one another
THE WITNESS MUST BE BOTH

COMPETENT AND CREDIBLE
see discussion above
Q: the original copy was not signed by one of the

COMPETENCY witnesses, through inadvertence. the duplicate copy,
- when a witness possess all the however, was signed by the said witness. is the will
qualifications enumerated in Art invalidated.

820-821
CREDIBILITY
A: NO
- the law should not be strictly and literally interpreted
as to penalize the testatrix on account of the

- believability of the witness inadvertence of a single witness over whose conduct
he had no control.
- especially so when there is no deviation from the

original and the duplicate. ICASIANO vs, ICASIANO

AAA - BASTE / ATB
SUCCESSION 10 of 56
THE AWESOME NOTES
[FIFTH] - such remains valid if it contains all the facts

all pages must be numbered correlatively in letters required and the signature of all of the

- on the upper part of each page
PURPOSE

instrumental witnesses appears thereon.
NOTE: the requirement of attestation clause is

to forestall any attempt to suppress or substitute any of satisfied

the pages thereof
Q: first page has no page number but its authenticity

- even if not placed in a separate and
independent clause
- but rather on the concluding paragraph of the
and genuineness of the signature of the testator and
the witnesses thereon is not questioned. is the will
invalid?

body of the will, phrased as an attestation.
CONTENTS OF ATTESTATION CLAUSE

A: NO 1. the number of pages upon the will is written
- if there is no question regarding its authenticity 2. the fact that the testator signed the will and every
- its authenticity and genuineness may be may be page thereof, or caused some other person to write
supplied by other form of identification mire trustworthy his name, under his express direction and in the

than the conventional numerical words or characters.
WHEN NOT REQ

presence of the instrumental witnesses
3. the fact that the signing by the testator or by the
person designated by him was in the presence of
when all of the testamentary disposition is contained in the instrumental witnesses
one page 4. the fact the the witnesses witnessed and signed the

- the object of the statute disappears
[SIXTH] 
will and all pages thereof in the presence of the

testator and of one another
it must also contain an attestation clause which EFFECT OF OMISSION TO STATE ANY OF

expressly states the ff:
a. the number of pages used upon which the will is

THE FOREGOING FACTS
GEN RULE

written
b. the fact that

a fatal defect
- cannot be proven by oral evid or proof aliunde
to supply the omission
• the testator signed the will and every page
thereof, or
• cause some other person to write his name, under

- substantial compliance cannot be invoked
EXE:
his express direction, defects can be remedied by intrinsic evidence

# in the presence of the instrumental witness
c. the fact that

supplied by the will itself
ie. attestation clause failed to state that

• the witnesses witnessed and signed the will and all pages thereof were signed
all the pages thereof - but a mere examination of the

• in the presence of the testator and of one another signatures shows every page thereof
were actually signed.
ATTESTATION CLAUSE
part of an ordinary will whereby
the attesting witnesses certify that the instrument

- cured na yung defect.
FAILURE TO STATE IN THE ATTESTATION

• has been executed before them; and CLAUSE THE NUMBER OF SHEETS OR

• to the manner of execution of wills
PURPOSE

PAGES USED IN THE WILL
GEN RULE:
preserving in a permanent form of record of the fact
that attended the execution of a particular will
- so that failure of memory of the witnesses or other

renders the will void
EXE:

casualty, such facts may still be proved.
WHOSE SIGNATURE SHALL APPEAR ON THE

1. when the number of pages, while not
stated in the attestation clause itself,
appears at the end of the will proper; or
ATTESTATION CLAUSE 2. t h e s a m e w a s s t a t e d i n t h e
only by the witness
- as it contains only declaration made by the witnesses acknowledgment clause

and not that of the testator NOTE:
no substantial compliance, unless
NOTE: regardless on whether the attestation
clause was phrased in such a way that it
seems to be a declaration of the testator
papasok sa exe mentioned above
himself

AAA - BASTE / ATB
SUCCESSION 11 of 56
THE AWESOME NOTES
FAILURE TO STATE THAT THE WILL HAS SPECIAL REQUIREMENTS

BEEN SIGNED BY THE TESTATOR, HIS - note: what enumerated here need not be stated in the

DESIGNATE AND WITNESSES
GEN RULE:
attestation clause. it may be proven by extrinsic

evidence.
renders the will void

- cannot be proven by proof aliunde
IF THE TESTATOR IS DEAF OR DEAF-MUTE
REQ:
EXE: • If the testator is able to read
from the examination of the will that every page
thereof actually bears the signature of the
testator and the witnesses
- he must personally read the will
• if the testator is unable to read

- intrinsic evidence
[SEVENTH] 
he must designate 2 persons
- to read it and communicate to him,
- in some practicable manner, the
it must be acknowledged before the notary public contents thereof (need not be the

- by the testator and the witnesses
instrumental witness)
MANDATORY REQUIREMENT
- while the law provides "every will"
- it does not cover holographic will, as it does not

IF THE TESTATOR IS BLIND
REQ:
requires to be witnessed the will shall be read to him TWICE

- only applies to notarial wills.
LAW DOES NOT REQUIRE THAT THE WILL MUST

- once, by one of the subscribing witnesses;
and
- by the notary before whom the will is
BE ACKNOWLEDGED AND ATTESTED ON THE

SAME OCCASION
acknowledged
NOTE: THE REQ IS NOT LIMITED ONLY TO

NOTARY PUBLIC CANNOT BE COUNTED AS AN BLIND TESTATOR
ATTESTING WITNESS - covers; those who, for one reasons or
- as he cannot avow, assent or admit his having signed another, are incapable of reading their wills,

the will in front of himself either because of poor or defective eye sight or

because of illiteracy. 
NOTARY PUBLIC MUST ACT WITHIN THE PLACE OF
HIS COMMISSION
- otherwise, if he acted outside the territorial limits of his

jurisdiction, is deemed to have acted without official

character, and thus, it is void.

MERE JURAT IS FATALLY DEFECTIVE
JURAT
- is a part of the affidavit whereby the notary
certifies that before him/her, the document was

subscribed and sworn to by the executor
ACKNOWLEDGMENT
- is the act of one who has executed a deed in
going before some competent officer and
declaring it to be his act or deed,
and in the case of a notarial will, that
competent officer is the notary public
- coerces that the testator and the instrumental
witnesses to declare before an officer of the
law that they had executed and subscribed to
the will as their own free act or deed.

AAA - BASTE / ATB
SUCCESSION 12 of 56
THE AWESOME NOTES
DISCUSSION SIGNATURE MUST APPEAR ON THE WILL

SPECIAL FORMALITIES IN HOLOGRAPHIC WILLS
[FIRST]
ART. 812

written below his signature

it must be entirely handwritten by the testator
HENCE; IF WORDS WRITTEN BY ANOTHER

*** any disposition below his signature
must further be signed and dated, as it
is considered as independent will.
PERSON WERE INSERTED AMONG THE WORDS pero supposing number of

WRITTEN BY THE TESTATOR
• if the same was made AFTER the execution of

dispositions were not dated,
but the last disposition was
properly signed and dated,
the will and WITHOUT the consent of the testator - such validates the disposition
- such insertion is considered not written

preceding it, whatever be the
time of the prior disposition
the will BUT WITH CONSENT of the testator NOTE:

- the will remains valid
- but the insertion is void
no witnesses is required in the execution of wills
ART. 810
the will BUT VALIDATED by the testator by his
need not be witnessed
signature thereon
- the insertion becomes part of the will
POST MORTEM PROBATE OF HOLOGRAPHIC WILL
- the entire will becomes void.
• insertion was made CONTEMPORANEOUS to

IF THE WILL IS NOT CONTESTED
1 witness
• who knows the handwriting and signature of
the execution of the will the testator
- the will is void • explicitly declares that the will and the
signature are in the handwriting of the
[SECOND]

must be dated testator
IF THE WILL IS CONTESTED

DATE at least 3 witnesses
- include the month, day and the year of its

execution
- same as above
NOTE: IN THE ABSENCE OF ANY

OMISSION OF DATE COMPETENT WITNESS AND IF THE COURT
DEEMS IT NECESSARY
GEN RULE:

the will is invalidated
- expert testimony may be resorted to.
NOTE: EXECUTION AND THE CONTENTS

EXE: OF A LOST OR DESTROYED HOLOGRAPHIC
when established that the will was made in the WILL
absence of: - may not be proved by the bare testimony of
• bad faith
• fraud
witnesses who have seen or read such will

NOTES:
• undue influence or pressure DAPAT: with a photostatic copy or
xerox copy of the holographic will
- comparison of the handwritings of the
- the law does not specify where the date should be
placed in the will. sufficient na that the date be in the
will itself and executed in the hands of the testator
testator.
- the law does not require that the will be executed on a

single day, at one time and in a same ink, as unity of

act is not required for this form of wills
[THIRD]
must be signed by the hand of testator himself
- name written by the testator in his usual, customary

and habitual manner
HENCE: REQUIREMENT DEEMED NOT

COMPLIED
- by mere thumb mark

AAA - BASTE / ATB
SUCCESSION 13 of 56
THE AWESOME NOTES
RULES IN CASE OF INSERTION, CANCELLATION,

ERASURE OR ALTERATION
REQUIREMENT
- the testator must authenticate the same by his full

signature.
OTHERWISE

- considered not made
EXE
where the testator himself crossed out the
name of the heir named, abd substituted the
name of another, without authentication
- it does not result in making the person whose

name was crossed as heir.
Full Signature

- the habitual, usual and customary signature

AAA - BASTE / ATB
SUCCESSION 14 of 56
THE AWESOME NOTES
LAWS GOVERNING FORMALITIES OF CODICILS AND SUBSEQUENT WILLS

WILLS
CODICIL; defined
a supplemental or addition to a will

WHEN EXECUTED BY FILIPINOS
GEN RULE:
- made after the execution of a will; and
- annexed to be taken as part thereof,
by which any disposition made in the original
lex loci celebrationis
ART. 17 NCC
will is
• explained
the forms and solemnities of contracts, wills • added to; or
and other public instruments, shall be
governed by the law of the country in which • altered
HENCE: NOT A CODICIL
EXE:

they are executed
- when it does not explain or modify the original
will.
Joint Wills IN SUCH CASE
- shall not be valid in the Philippines, although the law

- it is treated as a new will

of the country in which it was executed authorizes such.
FORMS REQUIRED

WHEN EXECUTED BY ALIENS

would depend to which such codicil refers to:
IF DIRECTED AGAINST HOLOGRAPHIC

WILLS OF AN ALIEN WHO IS ABROAD
- produces effect in the Philippines if: WILL
1. made with the formalities prescribed by the law of
the place in which he resides;
- the form must be by holographic will
IF DIRECTED AGAINST NOTARIAL WILL

2. according to the formalities observed in his country;
or - may either be in the form of a notarial/attested
3. in conformity with the formalities prescribed in the

will or by holographic will
Philippines
INCORPORATION BY REFERENCE
WILLS OF AN ALIEN MADE IN THE PHILIPPINES
- produces effect in the Phil if:

REQUISITES
1. executed in accordance with the law of the country if to be considered as part of the will
which he is a citizen; and 1. document or paper must exist at the tine of the
2. which might be proved and allowed by the law of his execution of the will
country 2. must be clearly describe and identified in the will,
stating among others the number of pages

JOINT AND MUTUAL WILLS 3. must be identified by clear and satisfactory proof as
the document or paper referred to in the will
JOINT WILLS MUTUAL WILLS 4. must be signed by the testator and the witnesses in
each and every page
EXE: in case of voluminous books of accounts
is one where the same are separate wills of 2
instrument is made the
will of 2 or more persons
persons, which are
reciprocal in their
or inventories
NOTE: #4 does not apply to holographic wills

and is jointly signed by provisions - as it does not require that it must be attested
them.

by a witness
always void, whether valid if embodies in a

executed in the Phil ir separate instrument
abroad


AAA - BASTE / ATB
SUCCESSION 15 of 56
THE AWESOME NOTES
REVOCATION OF WILLS

INSTANCES
• filing of an affidavit of reappearance

TIMEFRAME - the spouse who contracted

at any time before the testator's death.
FOLLOWING
subsequent marriage in bf shall be
disqualified to inherit from the innocent
spouse by testate and intestate
- that testamentary dispositions is essentially

ambulatory succession
• if both spouses of the subsequent marriage

NOTE: referred to in Art. 41 of FC acted in BF
any waiver or restriction of right to revoke a will - testamentary dispositions by one in
- void favor of the other are revoked by
BUT: its invalidity shall not affect the validity of

the will itself
operation of law
• in case of annulment

LAWS GOVERNING VALIDITY OF REVOCATION - the spouse who contracted the
marriage in bf-

IF DONE OUTSIDE THE PHILIPPINES
• by any person NOT DOMICILED in the Philippines,

the testatmentary disposition in favor to
him/her made by the other spouse is
the revocation is valid if it is done:
1. according to the law of the place where the will

deemed revoked by operation of law
• decree of legal separation

was made; or - the provisions in favor of the offending
2. according to the law of the place which the spouse made in the will of the innocent
testator had domiciled at the time of the spouse shall be deemed revoked by
revocation
• by person DOMICILED in the Philippines

operation of law
• in case of preterition of compulsory heirs in

- must be done in accordance with Philippine the direct line

Laws - annuls the institution of heirs
- but the devises and legacies shall be

IF DONE IN THE PHILIPPINES
• must be done in accordance with Philippine Laws,

valid insofar as they are not inofficious
• HDL commits any acts of unworthiness

whether the testator be a domicile of the Phil or not
MODES OF REVOKING WILLS

- incapacitate them to succeed

- revoked by operation of law
1. by implication of law • legacy of credit against a 3rd person or of
2. by subsequent will, codicil or subsequent the remission of debt of he legatee
instrument; or - after its execution, testator brought an

3. by physical destruction action against debtor for the payment

of debt

REVOCATION BY IMPLICATION OF LAW
HOW
• testator transform the thing bequeathed in
such a manner
when certain acts or events take place - that it does not retain either its firm or
subsequent to the making of a will denomination its had; or
- which nullifies or render inoperative either the - when he alienates by any title or for
will itself or some testamentary disposition any cause the thing bequeathed or any

therein. part thereof; or
- when the thing bequeathed is totally
lost during the testator's lifetime or after

his death without the fault of the heirs.

AAA - BASTE / ATB
SUCCESSION 16 of 56
THE AWESOME NOTES
R E V O C AT I O N B Y S U B S E Q U E N T

INSTRUMENT NOTE
REVOCATION OF A WILL DOES NOT

HOW AFFECT
by some will, codicil or other writing executed THE RECOGNITION OF AN

as provided in case of will

ILLEGITIMATE CHILD

MANNER: express or implied RATION:
• recognition is not a
testamentary disposition;
EXPRESS REVOCATION IMPLIED and
REVOCATION
• it takes effect immediately
after its execution and not
CONCEPT
subsequent instrument when the provisions

upon the testator's death
IMPLIED REVOCATION; revokes only

executed in the form if a will, of a subsequent will
there is a or codicil such dispositions in the prior wills as
REVOCATORY CLAUSE - are partially or are inconsistent with or contrary to
- expressly revoking the will
or the part thereof
a b s o l u t e l y
inconsistent with or those contained in the later will.
PAROLE EVIDENCE; admissible

contrary to those of
the previous will when there are several wills
inconsistent or containing express
REQUIREMENT revocatory clauses
TO SHOW
for the revocatory clause to which was in fact last executed
produce an effect PROVIDED:
1. it must contain all the may date
requisites of a will, whether AS OTHERWISE:
ordinary or holographic; and

2. it must be probated all fail for uncertainty
NOTE: NOT ADMISSIBLE ANG

PAROLE EVIDENCE

ABSENCE OF THE FIRST

- to prove illegal or false cause.
~ Doctrine of Dependent
Relative Revocation
- is equivalent to the non-

fulfillment of a suspensive
condition, and hence
prevents the revocation of the

original will
EXE: Doctrine of Dependent

Relative Revocation
1. incapacity of the HDL; or

2. renunciation or repudiation
FALSE OR ILLEGAL CAUSE

if the revocation is based on
false or illegal cause, such is

null and void
REQ:
such must appear on the face
of the instrument
- cannot be proven by parole
evidence. not admissible to.


AAA - BASTE / ATB
SUCCESSION 17 of 56
THE AWESOME NOTES

REVOCATION BY PHYSICAL DESTRUCTION REPUBLICATION AND REVIVAL OF
WILLS
WAYS OF PHYSICALLY DESTROYING WILLS
1. burning
2. tearing

3. canceling REPUBLICATION OF REVIVAL OF WILLS
WILLS

4. obliterating
R E Q U I S I T E S F O R VA L I D I T Y O F CONCEPT
REVOCATION BY PHYSICAL DESTRUCTION
1. testator must, at the time of performing it, RE-EXECUTION or the is the process of
be in possession of his faculties and RE-ESTABLISHMENT RENEWING the
capable of making wills by a testator of will operative force of a will
2. destruction must be with intent to revoke or - which is void; or - which had one revoked
coupled with animus revocandi - which the testator had by the testator
3. must be evidenced of the overt act once revoked
(BTCO); and

4. must have been a completed act MANNER

NOTE:
IT IS NOT IMPERATIVE THAT THE

1. REPUBLISH
- by reproducing the
IF PREVIOUS WILL
WAS REVOKED
contents of a previous E X P R E S S LY B Y A
PHYSICAL DESTRUCTION BE DONE
will in a subsequent will; SUBSEQUENT WILL
BY THE TESTATOR HIMSELF
- may be performed by another person,
under his express direction and in the

or - the revocation of the
subsequent will does not
2. by execution of codicil revive the previous will,

presence of the testator
HENCE: IF UNAUTHORIZED

- referring to the previous as a rule.
will to be republished
EXE:
DESTRUCTION
- no revocation
- parole evidence admissible

#1 or #2 in republication
IF THE PREVIOUS WILL

(for notarial will)
WAS REVOKED
- if holographic will, regardless
I M P L I E D LY B Y A
on the fact that it was
SUBSEQUENT WILL
destroyed without authority of
- the revocation of the
the testator, if no copy or
latter revives the former
photostatic copy left, parole

evidence not admissible. NOTE:
IF THE PREVIOUS WILL

PRESUMPTION OF REVOCATION
• where a will cannot be found and it

IS VOID AS TO FORM
it can only be
was shown to have been in the republished
possession if the testator, when last - by reproducing the
seen provisions thereof in a
- in absence of competent subsequent will

evidence, presumed to have
been cancelled by the testator
• GIST
- presumption shall only arise if
it has been shown hat the will
was in the hands of the
testator.
OTHERWISE
- no presumption that it was
destroyed by the testator
himself or under his express

direction.

AAA - BASTE / ATB
SUCCESSION 18 of 56
THE AWESOME NOTES
PROBATE OF WILLS ie:

MANDATORY REQUIREMENT
- preterition
- testamentary provision in favor of
ART. 833 NCC
no will shall pass either real or personal property
concubine
UNLESS it is proved and allowed in accordance with

EFFECT OF PROBATE OR ALLOWANCE OF WILL

the rules of court
HENCE:
CONCLUSIVE
- as to its due execution and extrinsic validity.
- binding against the whole world (in rem)
- even estoppel will not lie, as this proceedings

involves public interest
- acquires a status of res judicata
BUT SUCH IS ONLY LIMITED TO

PUBLIC INTEREST INVOLVED question of whether the testator
- as if estoppel is applied, it will block the • is of sound mind
ascertainment of the truth as to the • freely executed it in accordance with the
circumstances surrounding the execution of a formalities prescribed by law, without duress,

testament... inimical to public policy.
PROBATE OF WILL
fraud, undue influence, menace, and that it
is genuine
to prove before some officer or tribunal, vested by law HENCE:
with authority for that purpose: no res judicata with resect to intrinsic validity
1. that the instrument offered to be proved is the last - pwede pa i-question ang legality of any devise
will and testament of the deceased person whose
testamentary act is alleged to be;
2. that it has been executed, attested and published as

or legacy
PROBATE DURING LIFETIME OR AFTER DEATH OF

required by law; and THE TESTATOR

3. that the testator was of sound and disposing mind.
ANTE MORTEM
PROBATE
POST MORTEM
PROBATE

- a process of proving the validity of the will
ISSUES ADDRESSED IN PROBATE PROCEEDINGS DEFINITION

1. whether the will submitted is indeed, the decedent's
last will and testament probate of the will during probate after the death of
2. compliance with the prescribed formalities for the the lifetime of the testator the testator
execution of wills
3. the testamentary capacity of the testator; and ALTERATION OF THE WILL AFTER PROBATE

4. the execution of the last will and testament
GENR RULE: ALLOWED NOT ALLOWED

probate proceedings are limited only to - will being ambulatory
- right to the succession

extrinsic validity
EXTRINSIC VALIDITY
is transmitted only from
the moment of death of
court shall inquire only on the decedent
- the probate here merely
• the due execution,
authenticates the will and
• whether or not it complies with the
formalities prescribed by law; and does not pass upon the
e f fi c a c y of the
• the testamentary capacity of the
testator dispositions therein.
- AND NOT; validity and efficacy of the

testamentary provisions
RATION
- as such usually comes fully after the

EXE:
will is proved.
court shall determine first Intrinsic Validity of

the will when;
1. defect of the will is apparent on its face; or
2. parties agree that intrinsic validity be first

determined

AAA - BASTE / ATB
SUCCESSION 19 of 56
THE AWESOME NOTES
GROUNDS FOR DISALLOWANCE OF WILL

1. If the formalities required by law have not been
complied with;
2. If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its
execution;
3. If it was executed through force or under duress, or
the influence of fear, or threats;
4. If it was procured by undue and improper pressure
and influence, on the part of the beneficiary or of
some other person;
5. If the signature of the testator was procured by
fraud;
6. If the testator acted by mistake or did not intend that
the instrument he signed should be his will at the
time of affixing his signature thereto.
7. testator was below 18 yrs of age at the time of the
execution of the will.
EFFECT IF GROUND FRO DISALLOWANCE

OF WILL

- the will shall be declared void
IN CONTRAST TO OBLICON
- contracts entered into by minor or by
a person of unsound mind, the contract

is merely voidable
PAYMENT (LEGACY OR DEVISE) MADE IN

ACCORDANCE WITH THE PROVISIONS OF
A DEFECTIVE WILL
- made after settlement of debts
- such is effective and irrevocable. this is a

case of natural obligation.
PERSONALITY TO INTERVENE IN PROBATE

PROCEEDINGS
HE MUST HAVE AN INTEREST IN THE

1. estate
2. will; or

3. property
EITHER AS AN
- heir;
- one who claim against the estate, like creditor

- executor

AAA - BASTE / ATB
SUCCESSION 20 of 56
THE AWESOME NOTES
INSTITUTION OF HEIRS

RULES ON INSTITUTION OF HEIRS
INSTITUTION OF HEIRS; defined

is an act, by virtue of which

HOW MUST DESIGNATION BE MADE
AS A GENERAL RULE
a testator designates in his will the person/s
who are to succeed him in his
• property

- by name and surname
BUT SUFFICIENT NA
• transmissible rights; and - in such a manner that there can be no doubt
• obligations

as to who has been instituted

EFFECT OF LACK OF INSTITUTION

IF SAME NAME

NO INSTITUTION OF HEIRS
RULE:
RULE
the testator must indicate some circumstance
the will shall remain valid
- regardless on whether no heirs are instituted

- by which the instituted heir may be known
OTHERWISE
or the institution does not comprise the entire

estate.
LATENT AMBIGUITY
IN THIS INSTANCE; cured by

EFFECT: - extrinsic evid (parole evid) other than
the estate shall pass to the legal heirs by oral declaration of the testator as ti his

intestate succession

intention

IN CASE OF REPUDIATION OR INCAPACITY
RULE:
IF AMONG PERSONS HAVING SAME NAMES
AND SURNAMES, AND SAME

will shall remain valid
CIRCUMSTANCES
CURED BY
EFFECT: other proof, including proof aliunde, to
the testamentary disposition not repudiated or ascertain the intention of the testator
to those person who are not incapacitated - other than oral declaration of the

- shall be complied with
with those that pertain to repudiated share and

testator
IF PERSON INSTITUTED CANNOT

share of person incapacitated to receive STILL BE IDENTIFIED

- shall pass to the legal heirs

none shall be an heir

EXTENT OF FREEDOM OF DISPOSITION
IF NO COMPULSORY HEIRS
EFFECT OF ERRORS
(in the name, surname or circumstances of
- may dispose by will all of his assets or any part of it in
the heir)

favor of any person having capacity to succeed.
IF HAS COMPULSORY HEIR

GEN RULE

shall not vitiate the institution
- as long as the disposition does not prejudice the BUT ONLY IF

legitime of said heirs.
LEGITIME
- it can be ascertain, by use of proof
aliunde
OTHERWISE
- is the part of the testator's property which he
cannot dispose of because the law reserved it
for certain heirs who are called compulsory - cannot inherit

heirs.

AAA - BASTE / ATB
SUCCESSION 21 of 56
THE AWESOME NOTES
RULE ON DISPOSITION IN FAVOR OF

UNKOWN PERSON
INSTITUTION OF BROTHERS AND SISTERS
GEN RULE: BETWEEN FULL AND HALF

GEN RULE BLOOD

the disposition to unknown person shall be void

- equal parts

EXE:
• If the identity can become certain by some

EXE:

different intention clearly appears

event or circumstance
PROVIDED
INSTITUTING A PERSON AND THE

LATTER'S CHILDREN
such designated heir must be living/ GEN RULE:

capacitated to inherit as an HDL at the deemed instituted simultaneously, and not
time the succession opens.
OTHERWISE:
successively

such designation is invalid
• A disposition in favor of a definite class or

EXE:


group of persons
3RD PERSON MAY BE DESIGNATED

ON STATEMENT OF FALSE CAUSE

(for the institution if an heir)
TO THE GEN RULE:

1. distribution of the property or
money he leaves to such group or
class; or

deemed not written
EXE:
2. designation of the persons within testator would not have made such institution if

the class or group to whom the
property or money shall be given
he had known the falsity of such cause
IN THIS INSTANCE;

OTHER RULES ground for annulment of institution on

the ground of false cause

DESIGNATION OF SHARES
IF WITHOUT DESIGNATION
REQUISITES:
1. that the cause for the institution of

- heirs instituted shall shall inherit in equal parts
NOTE: THIS SHALL NOT APPLY TO

heirs must be stated in the will
2. cause must be shown to be false
3. it must appear from the face of
COMPULSORY HEIRS NAMED IN the will that the testator would not
THE WILL BUT WITHOUT have made such institution, if he
DESIGNATION OF HIS SHARE had known the falsity of the
- as he is entitled to his legitime from

the portion given to him in the will. cause.
S O M E I N D I V I D U A L LY D E S I G N AT E D ,
INSTITUTION OF ONLY ONE HEIR

OTHERS COLLECTIVELY
ie:
where the institution is limited to an aliquot

portion of the inheritance
I designate as my heir A and B and the AS TO THE EXCESS; those not disposed of

Children of C.
GEN RULE

- legal succession shall take place
NOTE: THIS RULE SHALL APPLY ONLY TO

those collectively designated shall be
considered as individually instituted
- when the heir is not instituted as sole heir

- hence, per capita and in equal parts
EXE:

contrary intention clearly appears

AAA - BASTE / ATB
SUCCESSION 22 of 56
THE AWESOME NOTES

INSTITUTION OF SEVERAL HEIRS
but limited only to an aliquot portion, and all

EFFECTS OF PRETERITION
1. annul entirely the institution of heirs
2. legacies and devises shall remain valid, so long as

parts do not cover the whole inheritance
AS TO THE EXCESS; those not disposed of

they are not inofficious
HENCE

- legal succession shall take place
AS TO THE THE FREE PORTION

once preterition has been established, intestate
succession will take place
EXE: with regard to devises and

IF THE TESTATOR INTENDED THAT
legacies not inofficious.
THE PERSON DESIGNATED SHALL

BE HIS SOLE HEIRS TO THE WHOLE
PRETERITION vs. INEFFECTIVE DISINHERITANCE
ESTATE PRETERITION INEFFECTIVE

- each part shall be increased DISINHERITANCE

proportionately
IF THE ALIQUOT PORTION

EFFECT
D E S I G N AT E D E X C E E D S T H E GEN RULE nullity of the institution of

WHOLE INHERITANCE - annulment of the heirs IS LIMITED
each part shall be reduced

proportionately
institution of heirs
EXE
- to the portion of the
estate of which the
disinherited heirs have
PRETERITION - t e s t a m e n t a r y been illegally deprived of

PRETERITION; defined
dispositions in the form his legitme
of devises and legacies
not inofficious
omission in the testator's will of the compulsory heirs in
the direct line or anyone of them, either because: CAUSE
• they are not mentioned therein; or
• though mentioned, they are neither instituted as heirs
by mistake and/or
nor expressly disinherited
MANRESA; added
inadvertence
if intentional
NOTE:

- nor assigning to him some part of the property
- defective disinheritance
WHEN TO ASSAIL PRETERITION

only after the death of the testator, when there is a will
REQUISITES:
1. the heir omitted must be a compulsory heir in the
direct line, whether ascending or descending
2. the omission must be total and complete

3. the omitted heir must survive the testator
#1
- covers adopted children
- since compulsory heir in the direct line, no
preterition if the person omitted is the spouse of

the testator
#2
- if the omitted heir receives anything from the
testator, inter vivos, no preterition.
REMEDY
entitled for the completion of his

legitime

AAA - BASTE / ATB
SUCCESSION 23 of 56
THE AWESOME NOTES
SUBSTITUTION OF HEIRS

KINDS OF SUBSTITUTION
1. simple or common (vulgar)

SUBSTITUTION 2. brief or compendious
is the designation by the testator of a person/s to take 3. reciprocal

the place of the heir/s first instituted
UNDER SUBSTITUTION, THE TESTATOR MAY

4.

fideicommissary
SIMPLE OR COMMON (VULGAR)

EITHER

SUBSTITUTION

• SIMPLE SUBSTITUTION
PROVIDE FOR THE DESIGNATION OF

WHEN IT TAKES PLACE
when testator designates 1 or more persons to
substitute the heir/s instituted
ANOTHER HEIR to whom the property shall - in case such heir/s should die before
pass in case hime, or should not wish, or should be
- the original heir should die before him/her
- renounces the inheritance; or incapacitated to accept the inheritance

- be incapacitated to receive GROUNDS:
1. predecease

• FIDEICOMMISSARY SUBSTITUTION
LEAVE HIS PROPERTY TO ONE PERSON,

2. repudiation

3. incapacity
WITH EXPRESS CHARGE THAT NOTE HOWEVER

it be transmitted subsequently to another/ other that should the testator expresses in
his will that only repudiation shall be

AS DISTINGUISHED FROM ACCRETION
IN ACCRETION
the ground for substitution,
- it must be respected.
- is a right by virtue of which, when 2/ more persons are AS TO NUMBER
called to the sane inheritance, devise or legacy,
the part assigned to the one who
• renounces or

(BRIEF, COMPENDIOUS AND RECIPROCAL)
BRIEF
• cannot receive his share; or - when 2/ more persons are designated by the
• dies before the testator,
IS ADDED OR INCORPORATED
testator to substitute for only one heir
- to that of his co-heirs, co-devisees/legatees
BETWEEN ACCRETION AND

COMPENDIOUS
- when there is only one person designated to

SUBSTITUTION; which is to be preferred
substitute for two or more heirs
RECIPROCAL
RIGHT OF THE SUBSTITUTE IS - when two or more persons are reciprocally
PREFERRED
- as his right springs from the express will of
substitutes for each other

the testator
CONTRA: ACCRETION

FIDEICOMMISSARY SUBSTITUTION
IT TAKES PLACE
- is derived only from a will presumed - when the fiduciary (first heir) is entrusted with the

by law obligation to preserve and transmit to the 2nd heir

(fideicommissary) the whole or part of the inheritance

EFFECT OF SUBSTITUTION
GEN RULE:
REQUISITES
1. the fiduciary called primarily to the
the substitute is subject to the same charges and enjoyment of the estate
conditions imposed upon the instituted heir 2. the 2nd heir to whom the property is
EXE:

as he merely steps into the shoes of the latter transmitted by the 1st heir
3. an obligation clearly imposed upon the
fiduciary to preserve and transmit to the
1. the testator expressly provided in the will the
contrary; or
2. charges or conditions are personally applicable only
2nd heir the whole or part of the estate.
to the instituted heir. 

AAA - BASTE / ATB
SUCCESSION 24 of 56
THE AWESOME NOTES
LIMITATIONS UPON FIDEICOMMISSARY - HOWEVER; should the heir survived

SUBSTITUTION after 20 years, the prohibition loses its
1. the substitution must not go beyond one
degree from the heir originally instituted
2. fiduciary and fideicommissary must be

EXE:
effect.
living at the time of the death of the testator testator cannot impose the condition of
3. substitution must not burden the legitime

4. must be expressly made
inalienability with respect to the legitime
RATION:
HENCE: pag wala isa, such substitution is as the law prohibits any charge,

deemed not written.
NOTE:
condition or substitution whatsoever
upon the legitime.
fideicommissary does not succeed from the IF THERE IS A VALID FIDEICOMMISSARY

fiduciary, for he acquire his right directly from

the testator upon its death.
SUBSTITUTION
AS TO FIDUCIARY
the right of the fideicommissary may be - it follows that since he has the obligation to
transmitted to his heirs, ONLY after he preserve the property, he cannot alienate it

survived the testator.
EFFECT OF INVALID FIDEICOMMISSARY

during his lifetime, even if it exceeds 20 years
AFTER THE FIDUCIARY DIES

SUBSTITUTION - pwede, so long as it does not exceed 20
1. considered not written or not imposed
2. the validity of the institution of the first heir
years
is not affected
3. the first heir is no longer obliged to
preserve and transmit the inheritance to

INVALID CONDITIONS (deemed not written)
1. perpetual prohibition against alienation of property

the second heir. he acquires exclusive or for a period exceeding 20 years
ownership na.
TIME OF TRANSMISSION FOR VALID

2. imposition which impose upon the heir the charge of
paying to various persons successively a certain
income or pension, beyond 20 years

FIDEICOMMISSARY SUBSTITUTION
GEN RULE:
3. dispositions which leaves to a person the whole or
part of the hereditary property in order that he may
apply or invest the same according to secret

at the death of the fiduciary
EXE:
instruction communicated to him by the testator
SUCCESSION OF USUFRUCT
when the testator provide for the time of an instance whereby the testator leaves to a person the

transmission whole or part of the inheritance and to another the
usufruct
NOTE:
fiduciary is obliged to deliver the inheritance to
the fideicommissary, without other deduction
- valid

UPON EXPIRATION OF USUFRUCT
other than those which arise from the legitimate - naked owner becomes the absolute owner of
expenses, credits and improvements
EXE:
when the testator has provided

the property
IF USUFRUCT IS GIVEN TO VARIOUS

otherwise.
PROHIBITION TO ALIENATE THE ESTATE (BY

PERSONS, SUCCESSIVELY
(not simultaneously)
- such is valid only if:

TESTATOR) 1. all such persons are living at the time of
the death of the testator; and
I F N O VA L I D F I D E I C O M M I S S A R Y

SUBSTITUTION

2. they must not be beyond one degree
GEN RULE
testator may prohibit alienation, so long as it
DOES NOT EXCEED 20 YEARS

- any excess, void
if the prohibition states that he cannot

alienate it during his lifetime
- the prohibition is valid

AAA - BASTE / ATB
SUCCESSION 25 of 56
THE AWESOME NOTES
CONDITION, MODE AND TERM TESTAMENTARY DISPOSITION WITH A TERM

P O W E R O F T H E T E S TAT O R T O I M P O S E
when the demandability (suspensive, ex die) or
extinguishment (resolutory, in diem) of successional
rights is made to depend

CONDITION, MODE AND TERM
GEN RULE
• upon the arrival of a day certain or

• upon the happening of a future but certain event

- yup. he has the right to do so
EXE
SUSPENSIVE
CONDITION
SUSPENSIVE
TERM
if it is imposed upon the legitime. this is considered as
the instituted HDL DOES the successional right is

not imposed.
RATION
NOT ACQUIRE any
successional right upon
I M M E D I AT E LY
TRANSMITTED to the
ART. 872 and ART 904 the death of the testator HDL upon the death of
- the testator cannot impose upon the legitime - so long as the condition the testator
any burden. encumbrance, charge, term, is not yet fulfilled. A LT H O U G H the
condition or substitution of any kind demandability of such
right is suspended

whatsoever.
EXE TO EXE
- UNTIL
the arrival of the day
prohibition against partition for a period not certain designated by the

exceeding 20 years.
MODAL TESTAMENTARY DISPOSITION

testator.
PRIOR TO THE
in here, the testator states ARRIVAL OF THE TERM
1. the object of the institution - the inheritance, devise
2. the purpose or application of the property left by the or legacy shall be given
testator; or to the legal or intestate
heirs, for the meantime

3. the charge imposed by the testator upon the heir
- but the intestate heirs
cannot take possession
MODAL CONDITIONAL of the property, unless it
gives sufficient security.
imposes an obligation the condition must
upon the HDL, but it happen or be fulfilled in effect should the instituted HDL
d o e s n o t a ff e c t t h e order for the heir be dies, with resoect to their own heirs
efficacy of his right to the entitled to succeed the
should the HDL dies prior should the HDL dies prior
succession testator
to the fulfillment of the to the term but after the
obligates but does not does not obligate, but it condition testator dies,
suspends suspends - no right is transmitted to - the heirs of the HDL are
his heirs entitled to the inheritance
NOTE: the law presumes against condition. upon the arrival of the
HENCE: unless it clearly appears from the will itself term
that such was the intention of the testator, it is to be
construed then as modal.

EFFECTS OF RESOLUTORY TERM
EFFECTS OF MODE
1. HDL can demand immediately for the
delivery of the inheritance, device or
1. the HDL can claim immediate delivery of legacy, subject to the termination of his
the inheritance subject to the giving of right upon the arrival of the terms
security or bond for the compliance of the
obligation. 2. HDL is not required to give bond!
CONDITIONAL TESTAMENTARY DISPOSITION

2. non delivery of bond, not entitled to the
delivery of the inheritance. it is a condition - when the acquisition or extinguishment of
sine qua non for its delivery successional rights is made to depend upon the
3. non-compliance with the mode/obligation, happening or non-happening of a future and uncertain
HDL is obliged to return whatever he may
have received by virtue of the institution or
event.
KINDS
the devise or legacy, together with the
fruits and income 1. suspensive or resolutory
4. if he cannot return, or in case there is 2. potestative, casual or mixed
3. possible or impossible 
deficiency, the bind shall answer for it.

AAA - BASTE / ATB
SUCCESSION 26 of 56
THE AWESOME NOTES
EFFECTS CONSEQUENCE CASUAL the fulfillment of REQUIRES

CONDITION the condition - it actual
D E P E N D S compliance as
SUSPENSIVE
CONDITION
SUCCESSIONAL
RIGHTS ARE
C A PA C I T Y O F
THE HDL IS
EXCLUSIVELY
- upon chance
general rule
TRANSMITTED
ONLY
- upon the

DETERMINED:
1. at the time of
and/or the will of
third person.
EXE: if shown gf
and due to
reasons not
happening of the

condition
the testator's
death; AND
2. at the time of

imputable to him
EXE TO EXE:
HAPPENING OF the happening of when the testator
THE CONDITION
- it retroacts to the
moment of the

the condition.
IF IT BECOMES
has otherwise
provided
testator's death CERTAIN THAT MIXED the fulfillment of REQUIRES;
THE CONDITION CONDITION the condition - s u f fi c i e n t n a
CANNOT BE D E P E N D S constructive
FULFILLED PARTLY compliance
- the property 1. upon the HDL;
must be delivered and
either to the 2. upon chance
substitute or to and/or the will of
co-heirs by third person
accretion, as the
case may be.
PROVISIONS COMMON TO MIXED AND CASUAL
RESOLUTORY
CONDITION
SUCCESSIONAL
RIGHTS ARE
A C Q U I R E D
U P O
EXTINCTION, the
inheritance,
N

CONDITION
IF AT THE TIME OF THE EXECUTION OF THE WILL

IMMEDIATELY device or legacy,
- upon the death of

the testator
shall pass to:
- to those who are
legally entitled to

THE CONDITION IS ALREADY FULFILLED
IF TESTATOR IS UNAWARE
BUT SUBJECT
TO EXTINCTION
- upon the
it, to substitute (if
so provided) or to
co-heirs by

- condition is deemed complied with
IF TESTATOR IS AWARE
happening of the accretion, as the - the condition must be fulfilled again
condition case may be - UNLESS: it is of such nature that it can no longer exist ir
POTESTATIVE
CONDITION
a condition whose
fulfillment depends
W H
CONDITION
E N
be complied with again
IF THE POTESTATIVE CONDITION INVOLVES

E X C L U S I V E LY MUST BE OBLIGATION NOT TO DO
upon the will of the
HDL and must be
PERFROMED

FULFILLED
GEN RULE
-HDL is entitled to immediate delivery after the testator's
death
UPON giving the security or bond known as
personally - as soon as the
HDL learns of the
caucion muciana

testator's death
EXE:
IF THE CONDITION IS VIOLATED
- must return the property, including the fruits and income
- if it cannot be returned, the caucion muciana shall answer
1. condition was for it.
already complied
with at the time IMPOSSIBLE considered as not imposed and shall
he learns of the CONDITION not affect the disposition.
testator's death
2. when the
condition is if

such nature that it
cannot be fulfilled

again.

AAA - BASTE / ATB
SUCCESSION 27 of 56
THE AWESOME NOTES

PROHIBITION TO MARRY
GEN RULE: void condition

EXE:
1. imposed on the widow or widower by the deceased
spouse or by the latter's ascendant or descendants
( parang resolutory in character to ); or
2. when the condition is not absolute in character. in
here, the prohibition is only relative with respect to
person, time or place.
#1: cannot be imposed upon the legitime

#2: pwede yung condition na "marry this
person." it shall be ineffective only is it it
becomes impossible for the heir to marry at all.
ie: namatay na yung named person.
DISPOSITION CAPATORIA
- void disposition. but shall not affect the will itself.
- one which imposes as condition that the heir shall
make some provision in his will in favor of the testator
or any other person 

AAA - BASTE / ATB
SUCCESSION 28 of 56
THE AWESOME NOTES
TESTAMENTARY LEGITIME SECONDARY COMPULSORY HEIR

- is the part of the testator's hereditary estate which he
those who succeed only in the absence
of the primary heir
cannot dispose of because the law has reserved it for
LEGITIMATE ILLEGITIMATE ADOPTING AND
compulsory heir PARENTS AND PARENTS BIOLOGICAL
FF ABOVE ASCENDANTS PARENTS
• the testator cannot deprive his compulsory heirs of
their legitime B E C O M E S B E C O M E S B E T W E E N
• the testator cannot impose any burden, C O M P U L S O RY C O M P U L S O RY ADOPTER AND
encumbrance, condition, or substitution of any kind HEIR ONLY HEIR ONLY ADOPTEE
- in absence of - in the absence - under DAA;

upon the legitime.
EXE:
legitimate children
and descendants
of legitimate or
illegitimate
- each shall have
reciprocal rights
1. valid disinheritance
2. prohibit partition for a period not exceeding

of the former. children and
l e g i t i m a t e
of succession
without distinction
20 years.
HENCE:
if illegitimate child
descendants from legitimate
filiation in legal
see table
PRIMARY COMPULSORY HEIR
is the one that
only survives, it
only concurs to
IN
INSTANCE
SUCH
- only illegitimate

succession.
see notes on
those who have precedence over and
exclude other compulsory heir
LP/A
RULE OF
parents are
entitled.
HENCE;
adopted child.
LEGITIMATE ADOPTED LEGITIMATED PROXIMITY - in absence, the

CHILDREN AND
DESCENDANTS
CHILDREN CHILDREN
ILLEGITIMATE
CHILDREN

- same same
IF BOTH FATHER
ascendants

cannot inherit
AND MOTHER IT FOLLOWS

RULE OF FF DOMESTIC L E G I T I M AT E D SURVIVES THEN THAT NO
PROXIMITY ADOPTION ACT CHILD - equal share RECIPROCITY
- in the - considered as a - children - if only one O F
descending line, legitimate child of conceived and survives; shall get SUCCESSIONAL
the children the adopter for all born outside of the entire estate R I G H T S
excludes the GC intents and wedlock of - if none, the BETWEEN IGP

of the decedent purposes
- entitled to same
parents who, at
the time of the
n e a r e s t
ascendant.
IGC
- as while the IGC
share as
l e g i t i m a t e
children, without
conception of the
former, were not
d i s q u a l i fi e d b y
- if both in
maternal and
paternal sides
may inherit from
IGP
representing IP
by

discrimination
HENCE: should
any impediment
to marry each
other.
s u r v i v e s
(grandparents);
equally
- the IGP cannot
succeed from
IGC, as only the
he only survives L E G I T I M AT I O N IP in the
- excludes the TAKES PLACE ascending line
legitimate parents - upon valid or may inherit.

and ascendants
NOTE: NEW
voidable marriage
of the child's
parents.
CONCURRING COMPULSORY HEIRS
those who succeed together with the
RULE DAA LEGITIMATION primary and secondary compulsory heirs
- a compulsory - the child enjoys
heir can only all the SURVIVING SPOUSE ILLEGITIMATE
inherit from his successional CHILDREN
biological parents rights accorded to
by testamentary a legitimate child N O T E : I N C A S E L E G A L LY REQ: to be
disposition - if none: same SEPARATED entitled
- as all legal ties rights lang as surviving spouse remains compulsory - filiation must be
between the
adopted and the
illegitimate child heir of the deceased spouse,
- if the katter had given cause for the
duly proved
before they can
biological parents
is already served
to be an intestate
I L L E G I T I M AT E
CHILDREN
- becomes

same.
HENCE: if the ss is the guilty spouse,

be entitled to
successional
rights

heir
NOTE: the
p r i m a r y
compulsory heir if
their illegitimate

disqualified to inherit.
NOTE: share of ss should he/she is

adopted is an heir parents has no survived with LC and IC; is preferred
of the adopetr but legitimate children over IC
not of the or descendants. - hence, to complete here legitime, it
relatives of the - otherwise, shall be reduced pro rata from IC's
adopter. concurring lng share.

AAA - BASTE / ATB
SUCCESSION 29 of 56
THE AWESOME NOTES
RESERVA TRONCAL or NOTE:

even though the law does not expressly so
RESERVA LINEAL requires, there is still an obligation to reserve
- a delayed succession.
even if the reservista and the other ascendant
from whim the property came belong to the

DEFINITIONS
PRAEPOSITUS

same line.
NATURE OF RIGHT OF THE RESERVISTA OVER

THE PROPERTY INHERITED FROM THE

- the deceased descendant
RESERVISTA
PRAEPOSITUS
- reservista acquires legal title and dominion to the
reservable property

- the ascendant
RESERVATARIO
BUT subject to a resolutory condition
- by the survival of reservatarios at the time of
- the relative of the praepositus within 3rd the death of the reservista
degree of consanguinity and of the same line

where the property came from
- akin to usufractuary
SHOULD RESERVISTA ALIENATES

LAW FURTHER REQUIRE T H E P R O P E R T Y, A N D W A S
- that the reservatario must be related SURVIVED BY RESERVATARIO
by blood not only from the - the alienation transmits only the
praepositus, but also to the other revocable and conditional ownership of
ascendants, or brothers or sister, the reservista. hence, if the resolutory
condition happens, the reservatario

from where the property came.
has better right over the property.
--- see mirror doctrine as an

EXAMPLE
GF (paternal side) donated to GS a

exe.
- in this instance, reservista's
parcel of land. upon death of GS, the estate shall be liable for its
said property was inherited by his
mother, M (reservista). M upon her
death, was survived by his mother,

value
NATURE OF RIGHT OF THE RESERVATARIO

GM. GM is not a reservatario,
although within 2nd degree of
consanguinity with GS, she does not

- mere contingent or inchoate right or mere expectancy
FOR BETTER PROTECTION OF HIS RIGHT;

belong to the same line where the HE MAY:
1. cause the annotation the reservable
property came.
character of all reservable immovable

REQUISITES
property in the Registry of Deeds; or
2. demand for the constitution of mortgage or
security to guaranty the obligation of the
1. the property must be received by a descendant reservista to deliver upon his death, the
(praepositus) from an ascendant or from a brother personal property and the value of the
or sister BY GRATUITOUS TITLE
2. the said descendant died without an issue
3. the same property is inherited by another ascendant
property alienated.
RULE AS TO WHO AMONG THE RESERVATARIO IS

(reservista) by operation of law (either through TO BE PREFERRED
intestate or compulsory succession) from the 1. direct line of the praepositus is preferred over the
praepositus. collateral line
4. that there are living relatives within the 3rd degree 2. the nearer relatives exclude the farther one
counted from the praepositus and belonging to the 3. the right of representation wherever proper can
same line from where the property originally came apply
(reservatarios) 4. and full-blood brothers and sisters get twice as
NOTE: RESERVA TRONCAL EXISTS ONLY
much as half-blood bro and sis

- in the legitimate family
HENCE: IT EXCLUDES
NOTE #3
- if follows then that the reservatario need not
be living at the time of the death of the
- illegitimate and
- adoptive relationship; and
praepositus.
- relationship by affinity

AAA - BASTE / ATB
SUCCESSION 30 of 56
THE AWESOME NOTES
OTHER RULES AFFECTING THE

LEGITIMES

COMPUTATION OF THE LEGITIME

NO RENUNCIATION OR COMPROMISE OF FUTURE
[FIRST]
the value of the property which remains at the
time if the decedent's death shall be
LEGITIMES

- VOID
determined
[SECOND]
RATION: all debts and charges which are not imposed in
- a contract against future inheritance which is
expressly prohibited by law
- future inheritance is mere expectancy over

the will shall be deducted
the difference is called

which the heir does not acquire any real right

until the death of the testator.
NET HEREDITARY ESTATE (NHE)
WHEN IT IS NOT DEDUCTIBLE

HENCE; even if such is made, compulsory heir - debt or charge arises for the first time
from the will itself as a unilateral act of

may still claim
RIGHT TO DEMAND FOR COMPLETION OF

the testator.
LEGITIME [THIRD]
- does not arise is preterition but only when the COLLATION
omission is partial. by adding to the NHE; value of all donations by
the testator that are subject to collation, at the

- the action is in order to cover his legitime
time he made them, whether given to
FF ARE PARTIAL OMISSION
(NO PRETERITION)
1. if the heir has received anything from the

compulsory heirs or to strangers
the total is called

testator, even by way of donation inter
vivos (considered as an advance of his
legitime)

[FOURTH]
DISTRIBUTABLE ESTATE
2. the will did not mentioned the compulsory donations which had been brought to collation
heir nor the compulsory heir was given any should next be imputed and charged against
advance to his legitime, but the
testamentary disposition do not cover the
entire estate (something has left to be

the corresponding portion of the estate.
RULES ON IMPUTATION OF DONATIONS AND ITS

disposed of)
IN HERE #2
- the undisposed portion shall pass to

REDUCTIONS
IN GENERAL
the omitted compulsory heir by way of • donations given to compulsory heirs should be
intestate succession. if it is still not charged to their legitime
enough to cover his legitime, he can • donations made to strangers shall be charged to that
part of the estate which the testator could have
ask for completion of the same.
INOFFICIOUS TESTAMENTARY DISPOSITION AND

disposed by his last will
• donations shall be respected so long as the legitime
DONATION can be covered, reducing or annulling, if necessary,
- testamentary disposition which impairs or diminishes the devises or legacies made in the will
the legitime if the compulsory heir. This shall also cover

inofficious donation inter vivos.
SUCH SHALL BE REDUCED

REDUCTION OF DEVISES AND LEGACIES
GEN RULE
by way of petition

by person who have the right to the legitime
- pro rata, without any distinction
EXE:
PRESCRIPTIVE PERIOD if the testator has directed that a certain devise
10 YEARS or legacy be paid in preference of others
- from the time the right of action accrues IN THIS INSTANCE
- it shall not suffer reduction, until after

- that is; death of the decedent.
all other devises and legacies have
been applied in full to the payment of
 

the legitime.

AAA - BASTE / ATB
SUCCESSION 31 of 56
THE AWESOME NOTES
DONATION SHALL BE REDUCED OR

ANNULLED ONLY
AFTER; annulling the legacies and devises the

legitimes cannot yet be fully paid.
IF THERE ARE SEVERAL

DONATIONS; among which is to be
applied first

RULE:
- the donation made on recent dates
DEVISE SUBJECT TO REDUCTION

CONSIST OF REAL PROPERTY WHICH

CANNOT BE CONVENIENTLY DIVIDED
FIRST

IT SHALL GO TO THE DEVISEE
- if the reduction does not absorb 1/2 of

its value
OTHERWISE; TO COMPULSORY
HEIRS
- subject to; reimbursement of the
devisee, for what respectively belongs

SECOND
to him.
if the devisee is also entitled to the legitime, he

may RETAIN THE ENTIRE PROPERTY
- regardless on won; the reduction of the devise
should absorb more than 1/2 if the value of the
property

PROVIDED; the value does bot
exceed:
a. that of the disposable portion; and
b. the share pertaining to him as a

THIRD
legitime
• if the heir or devisee mentioned above does

not choose to avail of the foregoing right
- any heir or devisee who did not have
such right may exercise it
• should nobody exercise this right
- the property shall be sold at public
auction at the instance of any
interested parties.

AAA - BASTE / ATB
SUCCESSION 32 of 56
THE AWESOME NOTES
DISINHERITANCE STATEMENT OF THE CAUSE IN THE WILL

if the cause is stated in another will and the
disinheritance in another

RULE ON DEPRIVATION OF LEGITIME
GEN RULE
the defect is cured
- when the necessary connection
between the cause and the
the testator cannot deprive his compulsory heirs of their

legitime
disinheritance is clearly established.
EFFECT OF INVALID DISINHERITANCE

EXE - the institution of heirs are invalidated, insofar as it may

by valid disinheritance prejudice the legitime of the person disinherited
- the legacies and devises and other testamentary
dispositions shall remain valid, so long as it dies not
DISINHERITANCE PRETERITION
deprivation of a compulsory heir of his share in the

impair the legitime
legitime
MANNER
express implied
CAUSE
Legal Cause due to mistake or

inadvertence
- law presupposes
above.
VALIDITY
valid if due to legal cause always invalid

- if due to an invalid - the omitted heir gets
cause, the legitime of the not only his legitime but
disinherited compulsory also his entire share in
heir is restored the free portion not
- this shall cover the free disposed of by way of
portion as part of his legacies and devises.
legitime should the will
does not provide for the
distribution of the free
portion.

REQUISITES FOR A VALID DISINHERITANCE
1. the heir disinherited must be designated in such a
manner that there can be no doubt as to his identity
2. the disinheritance must be for a cause designated
by law
3. must be made in a will
4. made expressly, stating the cause in the will itself
5. must be certain and true and must be proved by the
interested heirs if the person disinherited should
deny it

6. must be unconditional and total

AAA - BASTE / ATB
SUCCESSION 33 of 56
THE AWESOME NOTES

LEAGL CAUSE FOR VALID DISINHERITANCE
CAUSES COMMON TO ALL COMPULSORY

OTHER GROUND TO DISINHERIT PARENTS

OR ASCENDANTS

HEIRS
• Conviction by final judgment of an attempt

• Parents have abandoned their children or
induced their daughters to live a corrupt or
immoral life, or attempted against their
against life of the testator, his or her spouse, virtues

descendants or ascendants
NOTES:
• Convicted of adultery or concubinage with
the spouse of the testator
• Loss of parental authority for causes
- intent to kill is crucial here specified in the FC
- there must be a conviction by final • An attempt by one of the parents against the

judgment
• Accusing the testator of a crime for which

life of the other, Unless there has been a

reconciliation between the.
the law prescribes imprisonment for OTHER GROUNDS TO DISINHERIT THE

6 YEARS OR MORE, if the accusation has

been found groundless or false
SPOUSE
• When the spouse has given cause for legal

NOTES: separation
- REQ: judicial declaration that the • When the spouse has given grounds for the

accusation us groundless or false
• When the heir causes the testator to make a

loss of parental authority.
EFFECT OF SUBSEQUENT RECONCILIATION

will or change one already made by fraud, 1. Deprives the Testator to disinherit his heir

violence, intimidation, or undue influence 2. Renders ineffectual any disinheritance that may

have been made.

• Unjustifiable refusal to give support
FORM
FOR DISINHERITING CHILDREN
- unjustified refusal to support parent or
ascendants who disinherit such child or

- no required form. express or tacit.
EXAMPLE

descendants
FOR DISINHERITING PARENTS

- testator who has knowledge of facts which
would make his compulsory heir unworthy, but
nonetheless instituted the same as heir in his
- unjustified refusal to support the will

children or descendants - when testator, condones in writing the heir
who committed an act which would make it
FOR DISINHERITING A SPOUSE
- unjustified refusal to support the
unworthy.

children or the other spouse.
OTHER GROUND TO DISINHERIT

RIGHT OF REPRESENTATION; AVAILABLE IN CASE
OF DISINHERITANCE
- children or descendants of the disinherited heir can

CHILDREN OR DESCENDANTS
• When a child or descendant has been

take his place and preserve the disinherited heir's right

to the legitime.
convicted of adultery or concubinage with NOTE:

the spouse of the testator - the representative acquires the rights which
• Maltreatment of the testator by word or the person represented would have if he were
deed, by the child of the descendant living or if he could have inherited.
• When a child or descendant leads a
dishonorable or disgraceful life
• Conviction of a crime which carries with it
NOTE:
Hence, not limited to legitime.
the penalty of civil interdiction In here, the disinherited parent SHALL NOT
HAVE the usufruct or administration of the
property which constitute the legitime.  

AAA - BASTE / ATB
SUCCESSION 34 of 56
THE AWESOME NOTES
LEGACIES AND DEVISES LIABILITY FOR LOSS/ DESTRUCTION AND

EVICTION

DEFINITION
DEVICE
FOR LOSS AND DESTRUCTION
- shall be borne by the heir who is at fault or through his

- gift of real property given by virtue of a will
negligence caused the loss/destruction.
HOWEVER;
LEGACY if it is in the possession of 2/more heirs, they

- gift of personal property given by will.
WHAT CAN BE DEVISED OR BEQUEATHED

shall be solidarily liable, although only one

acted negligently.
- all things and rights which are within the commerce of

man
FOR EVICTION
IF LEGACY OR DEVISE IS INDETERMINATE

WHO IS CHARGED WITH THE PAYMENT OF

LEGACY
- one that is indicated only by its kind
LIABILITY SHALL BE BORNE BY

PERFORMED BY WHOM
I F T H E R E I S A N A D M I N I S T R AT I O N
the heir who is charged with the
payment or delivery of the legacy or
PROCEEDINGS
- it shall be done by the executor or
devise
IF LEGACY OR DEVISE IS SPECIFIC

administrator
IF THERE IS NONE
- no warranty against eviction is present.
hence, no liability shall attach to the heir

- it shall be performed by the heirs.
charged with its payment or delivery
LEGACY OF THING PARTLY OWNED BY THE

CHARGES SHALL BE TAKEN FROM
GEN RULE

TESTATOR
GEN RULE:

from the estate itself
EXE:
shall be understood to be limited to such part or interest
owned by the testator.
This remains true, regardless on won the
when the testator expressly burdens a testator knew that the this was partly owned by
particular heir, legatee or devisee with their
payment.

EXE:
a stranger.
HENCE: pag walang designation, all 1. it clearly appears from the will that the testator
heirs shall be liable for such in the intended to convey a less interest
same proportion in which they may 2. when the testator expressly declares that he
inherit.
- this applies in the absence of
administration proceedings for the

bequeaths or devises the thing in its entirety.
REQUISITES FOR #2
settlement of the estate of the a. an express declaration to that effect
decedent.
LIMITATIONS
appearing in the will itself
b. knowledge on the part of the testator that
the thing belongs partly to a third person
• if an heir is burdened for its payment, such c. that such knowledge must appear either in
burden cannot be imposed upon the the will itself or proved by competent
legitime.
Hence, he cannot be charged beyond
the free portion.

evidence.
BURDEN OF PROOF
• if legatee or devisee is burdened for its - is upon the devisee or legatee
payment, he shall be liable only to the extent
of the value if the legacy or devise received
favored with such property
by him. RATION WHY SUCH KNOWLEDGE IS

ESSENTIAL
- as otherwise, the devise or legacy

would be void. Art. 930

AAA - BASTE / ATB
SUCCESSION 35 of 56
THE AWESOME NOTES
EFFECT OF PARTITION
IF PHYSICALLY DIVISIBLE OR CONVENIENT

LEGACY OR DEVISE OF A THING BELONGING TO

DEVISEE OR LEGATEE
OF DIVISION GEN RULE:

- walang problema
IF THE THING IS PHYSICALLY INDIVISIBLE

the devise or legacy shall be ineffective
EXE: when it shall remain valid

OR INCONVENIENT OF DIVISION
1. if the entire property is adjudicated to the

1. alienation in favor of the testator and continue in the
testator's possession at the time of his death
2. if the thing is burdened by a charge or encumbrance
testator, the subsequent acquisition does in favor of 3rd person
not affect the legacy or devise. the devise or legacy shall remain valid, should
2. if the property is adjudicated to a 3rd the testator expressly states that the charges or

person;
a. LEGAL REVOCATION OF THE

encumbrance shall be extinguished.
RULE:
DEVISE OR LEGACY IF, AT THE TIME OF THE EXECUTION OF
- if the testator has not express,y THE WILL, THE THING DID NOT BELONG
declared that he bequeaths or devises TO THE LEGATEE OR DEVISEE BUT HE

the property in its entirety
b. REVOCATION ONLY OF THE PART

SUBSEQUENTLY ACQUIRES IT
IF THE TESTATOR HAS NO KNOWLEDGE
WHICH PASSED TO 3RD PERSON THAT THE THING BELONGED TO THIRD

PERSON ORIGINALLY
LEGACY OR DEVISE OF A THING BELONGING TO

ANOTHER
- the device or legacy is void
IF THERE IS NO ERROR IN PART OF THE

GEN RULE:
VOID
- if at the time of the execution of the will, the testator

TESTATOR
IF ACQUIRED GRATUITOUSLY BY

erroneously believed that the thing belonged to him THE LEGATEE OR DEVISEE
- the latter can claim nothing by virtue
EXE:
1. if the thing is subsequently acquired by the testator,
by whatever title

of such devise or legacy
IF ACQUIRED ONEROUSLY BY
2. when the testator provides in his will that the thing LEGATEE OR DEVISEE

be acquired and be given to legatee or devisee. - the latter can demand reimbursement

from the estate.

IN CASE OF #2
WHO HAS THE DUTY TO ACQUIRE IT:

RULE:
IF THE THING WAS OWNED BY THE
1. the person designated, heir, legatee or T E S TAT O R AT T H E T I M E O F T H E
devisee EXECUTION OF THE WILL AND ACQUIRED
2. if there is no designation, it shall be SUBSEQUENTLY BY THE LEGATEE OR

executed by the executor or administrator
IF THE THING CANNOT BE ACQUIRED

DEVISEE
IF GRATUITOUSLY
- the heir or the estate shall be obliged to give - deemed to be in compliance with the legacy
the just value of the thing.
- provided, legitime of the compulsory heirs are
or devise
IF ONEROUSLY

not prejudiced.
- legatee or devisee is entitled for the recovery
NOTE:
if the time testator bequeathed or devises a thing which
does not belong to him, of which he knew at the time he

of the price paid by them from the estate.
IF THE LEGATEE OR DEVISEE ACQUIRED IT

executed his will, and on said will does not provide for FROM 3RD PERSON BY ONEROUS TITLE
its acquisition - the device or legacy id deemed revoked
- the device or legacy shall still remain valid - and the subsequent acquisition by the legatee
- as the law presumes that the intention of the testator or devisee doesn't mean that the device or
is that it is to be acquired by the executor or
administrator of his estate, or by his HDL charged with
the legacy or devise.

legacy is revived.

AAA - BASTE / ATB
SUCCESSION 36 of 56
THE AWESOME NOTES

LEGACY OR DEVISE OF THE THING PLEDGED
GEN RULE:

LEGACY IN FAVOR OF CREDITOR
GEN RULE:
regardless of whether the pledge or mortgage was
made after the execution of the will
it shall not be applied to his credit
- the estate is obliged to pay the debt to remove the

encumbrance thereon
EXE:
• when testator so expressly declares

EXE: - in here, the creditor has the right to collect the

NOTE: THIS RULE APPLIES ONLY TO

excess, if any, of the credit, or devise or legacy.
• when the testator does not expressly so declares,

ENCUMBRANCES BY VIRTUE OF PLEDGE BUT merely directs his executor to pay a debt which

AND MORTGAGE
HENCE; as to any other charge, not pledge

he recognizes as existing in favor of the person
named in the will
- no legacy here. hence, creditor must present
and mortgage, it shall pass to the devisee or his claim to the probate court for allowance.

legatee.
LEGACY OF CREDIT
- this is mere direction, not a testamentary

disposition.
- this is to refer to credit which the testator has against - if the direction is for the payment if debt in
a third person, existing at the time of the death of the which he does not actually owes
testator it is deemed bot written
HENCE: not to cover those credit acquired - if orders for the payment of debt, but more
after his death. than the amount thereof

the excess is not due
THE LEGACY HERE SHALL COVER
- all interests on the credit which may be due
UNLESS; contrary intention appears.

the testator at the time of his death. ALTERNATIVE LEGACIES OR DEVISES
- when the testator bequeaths one if two or more things
LEGACY IS DEEMED REVOKED BY THE
TESTATOR
- should during his lifetime, brought an action

that he designates
RIGHT OF CHOICE BELONGS TO

against the debtor for its payment • to the heir upon whim the obligation to give
remains true; even the payment was the legacy or devise may be imposed; or

not effected during his lifetime. • the executor or administrator of the estate if

no particular heir is obliged.

LEGACY OF REMISSION OF DEBT
NOTE: should the heir designated dies

3 KINDS OF REMISSION OF DEBTS before he could made a choice
- the right shall pass to their respective
1. SPECIFIC LEGACY FOR REMISSION OF
DEFINITE DEBT
- this shall be effective only with respect to
heir
ONCE CHOICE IS MADE

debts existing at the time of testator's death.

- it is irrevocable
DEEMED REVOKED
- should the testator, after having made
the legacy, brought an action against

GENERIC LEGACY OR DEVISE
IF ON PERSONAL PROPERTY; valid if
the debtor
2. GENERIC LEGACY OF REMISSION OF

- there be no things of the same mind in the estate
IF ON REAL PROPERTY; valid if

DEBTS
- this shall comprise; all debts existing at the
time of the execution of the will

- if there be immovable property of its kind in the estate
RIGHT OF CHOICE BELONGS TO

BUT NOT; the subsequent one • to the executor or administrator, if so
designated on the will
3. LEGACY TO THE DEBTOR OF THE
THUNG PLEDGED BY HIM
• if no designation, shall be upon the heirs.

- discharge only the right of pledge. NOTE: should the heir designated dies
before he could made a choice
- the right shall pass to their respective
heir

AAA - BASTE / ATB
SUCCESSION 37 of 56
THE AWESOME NOTES
ONCE CHOICE IS MADE have been applied in full to the

- it is irrevocable
DUTY OF THE PERSON WHO HAS THE

payment of the legitime.
FF CAUSES FOR REVOCATION OF LEGACY OR

RIGHT OF CHOICE
- to deliver neither of inferior nor of superior
DEVISE BY OPERATION OF LAW

quality. • testator transform the thing bequeathed in such a
manner that it dies not retain the form or the

WHEN RIGHT OF LEGATEE OR DEVISEE VESTS
GEN RULE
denomination it had.
• testator, by any title or any cause, alienates the thing

- from the death of the testator
FROM HERE:

bequeathed or any part thereof.
THIS SHALL REMAIN TRUE

- the devisee or legatee acquires a definite right - if after the alienation, the testator
to transmit it to his heirs. subsequently reacquire it. even if such is due to
- the things shall be delivered to him, including
all its accession and accessories, its incomes
and fruits.

nullity of the contract.
EXE:
EXE: - if reacquisition is by virtue of the exercise of
if the bequest should not be of a specific and
determinate thing
right of repurchase.

- but is a generic or of quantity • if the thing bequeathed is totally lost during the
lifetime of the testator, or after his death without the
IN HERE
the obligation to deliver arises only upon
making the selection

heir's fault
EXE:
- HENCE; it also follows that the fruits and person obliged to give the legacy or devise is
income from the thing shall pertain to the liable for eviction
legatee or devisee only from the moment the - WHEN; the thing bequeathed is not
selection was made
EXE: even before the selection, it shall
pertain to the devisee or legatee if the
determined as to its kind.
testator expressly so provides
RULE OF PREFERENCE AMONG LEGACIES AND

DEVISES
1. remuneratory legacies or devises

2. legacies or devises declared by the testator to be
preferential
3. legacies for support
4. legacies for education
5. legacies for devises of a specific determinate thing
which form part of the estate

6. all others pro rate
APPLIES ONLY:
1. after the legitimes of the compulsory heirs
have been sufficiently provided
2. no chargeable donation inter vivos against
the free part.
HENCE; IF PRESENT EITHER OR BOTH OF

ABOVE MENTIONED
- the devises and legacies shall be reduced pro
rata
EXE:
when the testator has directed that a
certain devise or legacy be paid in
preference to others
- in which case
it shall not suffer any reduction
until other devises or legacies

AAA - BASTE / ATB
SUCCESSION 38 of 56
THE AWESOME NOTES
L E G A L O R I N T E S TAT E
- illegitimate children
COLLATERAL LINE
- brother and sister of the deceased
SUCCESSION [Third] in default of second
the surviving spouse shall inherit the entire
estate
w
IN GENERAL CONCURRED BY:
- the law disfavor intestacy, as the intent of the testator
is the supreme law in succession.
- brothers and sisters; or their children
[Fourth] in default of third

WHEN LEGAL SUCCESSION TAKES PLACE the collateral relatives shall inherit the entire
1. when a person dies without a will, or the will is void,
when a valid will subsequently lost its efficacy
2. when there is a will, but it does not designate an
estate
[Fifth] in default of fourth

heir or when it does not dispose all of the property
belonging to the testator
3. when the heir instituted in the will is subject to a
the State shall inherit the entire estate
RULE OF PROXIMITY AND RULE OF EQUAL

suspensive condition, and such condition is not
fulfilled
DIVISION
4. when the heir instituted in the will repudiates the

inheritance and no substitution and right of accretion
or representation takes place

RULE OF PROXIMITY
GEN RULE
5. there is preterition in the testator's will of one, some relative nearest in degree excludes the
or all of the compulsory heirs in the direct line
6. resolutory condition/term attached to the institution
of the heir happens/arrives and there being no

more distant ones
EXE
substitution and no right of accretion takes place. when right of representation takes
7. when testamentary disposition is impossible of
compliance or is ineffective
place.
WHO ARE THE LEGAL OR INTESTATE HEIRS

1. legitimate and illegitimate relatives of the deceased

RULE EQUAL SHARES
GEN RULE
2. the surviving spouse; and relatives in the same degree shall

3. the state

inherit in equal shares

BASIC RULES OF INTESTATE SUCCESSION EXE:
• brother and sisters of the full blood

RULE OF PREFERENCE BETWEEN LINES
[First]
survive together with bro and sis of
the half blood
- the former inherit to a share
direct descending line EXCLUDES direct double that of the latter.

ascending and collateral lines
DIRECT DESCENDING LINE; includes:

• should there be ascendants in both
lines
- half shall go to the parental
- legitimate children and their descendants and the other half to the

- as well as adopted children
WITH ABOVE MENTIONED

maternal.
- in each line, the division shall
be made per capita.
CONCURS WITH • whenever there is succession by
- the surviving spouse representation
- illegitimate children
[Second] in default of the first

- the succession shall be made
per stirpes.
HENCE IN HERE
direct ascending line EXCLUDES those in the - the representative,

collateral line.
DIRECT ASCENDING LINE

although in the same
degree, shall not
inherit more than what

- legitimate parents and ascendants
WITH ABOVE MENTIONED

the person they
represent would
inherit, if he were living
CONCURS WITH
- the surviving spouse if could inherit.

AAA - BASTE / ATB
SUCCESSION 39 of 56
THE AWESOME NOTES
C O M P U TAT I O N O F DEGREES AND IF ALL OF THE CO-HEIRS REPUDIATE

DETERMINATION OF LINES WITHIN THE SAME DEGREE
- those of the nest degree shall inherit in their
• proximity of relationship is determined by the number
of generations. each generation forms a degree
own right.
• a series of degree forms a line, which may either be

direct or collateral.

DEFINITIONS
DIRECT LINE
- constituted by the series of degrees among

ascendants and descendants
COLLATERAL LINE
- constituted by the series of degree among
persons who are not ascendants and
descendants, but who come from a common

ancestors
DESCENDING DIRECT LINE

- unites the head of the family with those who

descends from him
ASCENDING DIRECT LINE

- binds a person with those from whom he

descends
FULL BLOOD RELATIONSHIP

- between persons who have the same father

and mother
HALF BLOOD RELATIONSHIP

- between persons who have the same father

but not same mother, or vice versa

HOW TO COUNT DEGREES
DIRECT LINE

- ascent is made to the common ancestor
COLLATERAL LINE
- ascent is made to the common ancestor and
then descent is made to the person with whom
the computation is to be made.

RULE IN CASE OF REPUDIATION AND INCAPACITY
IN CASE OF INCAPACITY
The share that is rendered vacant shall pass to
the co-heirs, within the same degree
- ONLY; if right of representation does not

obtain.

IN CASR OF REPUDIATION
IF ONLY ONE OF THE CO-HEIR REPUDIATE

IN THE SAME DEGREE
the co-heir shall receive the share rendered
vacant. ACCRETION
- ONLY; if right of representation does not

obtain

AAA - BASTE / ATB
SUCCESSION 40 of 56
THE AWESOME NOTES
RIGHT OF REPRESENTATION

DEFINITION

WHO ARE ENTITLED TO REPRESENT
is the right created by fiction of law, by virtue of which,

the representative is:

LEGITIMATE CHILDREN
• raised to the place and degree of the represented; ILLEGITIMATE CHILDREN

and
• acquires the rights which the latter would have if he
ONLY with respect to the legitime of the IC

were living or if he could have inherited.
NOTE:
AVAILABLE
- to illegitimate descendants of IC in
the inheritance of an illegitimate
- representation obtains degree by degree and
no jump is made
- representative merely takes the place of the

grandparents.
NOT AVAILABLE
person represented. hence, he can only inherit - to illegitimate descendants of
the portion of the person represented should legitimate children in the inheritance of
rightfully receive.
furthermore; since the representative
inherits from the decedent and not from

a legitimate grandparents
RATION:
the person represented, his capacity IRON CURTAIN RULE
and right to succeed must be Art. 992 prohibits succession
determined in relation to the decedent ab intestato between the
and not the person represented. illegitimate child and the
- it it does not make him liable to pay legitimate children and
for the debts of the person relatives of the father or
represented.

mother.
RIGHT OF REPRESENTATION APPLIES ONLY TO

SUCCESSION CONFERRED BY LAW

ADOPTED CHILDREN
1. legal or intestate succession not available
2. testamentary succession, but inly with respect to the - since the relationship created by adoption is
legitime.
HENCE: no right of representation with respect

limited to the adopting parents and does not
extend to their relatives,
the adopted child, should he survive
to voluntary heirs who succeeds only by virtue with his adopting parents, cannot

of a will. represent the former in the inheritance
from the parents or ascendants of the

WHERE REPRESENTATION TAKES PLACE
• direct descending line, but never in the ascending line

adopter.
3 CAUSES THAT JUSTIFY THE RIGHT OF

- Hence, a GF cannot inherit from GS by REPRESENTATION
representing the father.
• in the collateral line, nephews and nieces right to

1. predeceased
2. valid disinheritance
represent their parents, who is a bro/sis of the
decedent, is only present when they are survived with

3. representation of unworthy child or descendant
NOTE: NO REPRESENTATION IN CASE OF

their uncles and/or aunts REPUDIATION
- Hence, if the nephews and nieces alone - the share rendered vacant shall accrue to the
survive, they shall inherit in their own right.
NOTE: FF SCENARIO WHERE RIGHT OF

others of the same degree, or if none, person
next in degree
 
REPRESENTATION EXISTS:
• a son who repudiates the inheritance from his father
does not lose the right to represent the latter in the
inheritance from the grandfather
• a great-grandson may be called to the inheritance of
his great-grandfather even if the grandfather should
die before the great-grandson has been conceived.
• a son who cannot inherit from his father on the
ground of unworthiness can still inherit from his
grandfather by representing his father,provided, he is
not unworthy with respect to his grandfather.

AAA - BASTE / ATB
SUCCESSION 41 of 56
THE AWESOME NOTES
ORDER OF INTESTATE SUCCESSION [FIFTH]

in default lahat; shall be inherited by Illegitimate BS,
AS TO LEGITIMATE CHILD
1. legitimate children and descendants

entire

2. legitimate parents and ascendants [SIXTH]
3. illegitimate children pag wala na talaga lahat; The STATE! 
4. surviving spouse
5. collaterals up to 5th degree

6. the state
INTESTATE SUCCESSION IN THE DIRECT

DESCENDING LINE

- this includes adopted children
EXCLUDES
• legitimate parents and ascendants
• collateral relatives
• the state
CONCURRED BY
• surviving spouse
• illegitimate children
see: pg 679 Rabuya's Book for concrete

example

see: attachment; Table

AS TO ILLEGITIMATE CHILD
[FIRST]

LC and descendants are preferred over IC
CONCURRED BY
[SECOND]

- IC and SS
in the absence of LC and descendants, IC and their

descendants shall succeed the entire estate.
CONCURRED BY:
[THIRD]

- SS
in the absence of LC and their descendants and IC and

their descendant
- the person who shall inherit is the Illegitimate Parents

of the decedent
CONCURRED BY
[FOURTH]

- SS ( tag 1/2 sila )
in default ng LC, IC, IP

- the SS shall inherit.
CONCURRED BY

- BSNN ( tag 1/2 sila )
NOTE:
the BS must be by illegitimate filiation,
as otherwise, the Iron Curtain Rule will
apply.

AAA - BASTE / ATB
SUCCESSION 42 of 56
THE AWESOME NOTES
PRO INDIVISIO
- when testator designates "one half for each"
PROVISIONS COMMON TO or "in equal parts;" or
- though designating an aliquot part, do not
T E S TAT E A N D I N T E S TAT E identify it by such description as shall make
SUCCESSION each heir the exclusive owner if determinate
property
ie
- designating 1/2 to A, 1/4 to B, and the
RIGHT OF ACCRETION remaining 1/4 of my estate to C.

DEFINITION
- walang accretion na pag particularly
described yung mga property. gaya ng;
i will designate my house and lot to A,
is a right, by virtue of which, my hacienda in Iloilo to B, and my
- when two or more persons are called to the SAME. Ferrari to C.
inheritance, deice or legacy - in case of money or fungible goods
- the part assigned to the one who if the share of each heir is not
• renounces; or earmarked, there shall be a right of
• cannot receive his share; or
• who died before the testator
IS ADDED OR INCORPORATED

accretion
HENCE;

- to that of his co-heirs, co-devisee or co-legatee - if it is not particularly designated or
physically segregated from all others of

ACCRETION IN TESTAMENTARY SUCCESSION the same class, meron paring right of
CAUSES
1. renunciation or repudiation of the
accretion.
inheritance
2. incapacity; or

ACCRETION IN INTESTATE SUCCESSION
CAUSE
3. predecease
BASIS

only repudiation
IN CASE OF INCAPACITY OR PREDECEASE

- the presumed will of the testator
HENCE; NO ACCRETION IN THE FF:

- if representation does not take place, other
heir shall inherit in their own right,
1. when the testator designate a substitute
2. when the testator expressly so provides
and NOT by right of accretion
EFFECTS OF ACCRETION
that there shall be no right of accretion 1. heirs to whom the portion goes by right of accretion
among those persons called to inherit
FURTHERMORE; NO ACCRETION
- take it in the same proportion that they inherit
2. heirs to whom the inheritance accrues
- shall succeed to all the rights and obligations
- on the legitime; only on the free portion which the heir who renounced or could not
- as in legitime, an heir shall only inherit it in receive it would have had.

their own right
HENCE; should an heir repudiate his

EXE:
• when the testator expressly provides for the
contrary, in testamentary succession
legitime
- that portion shall accrue to his co-
heirs, by their own right, and not by
• when it is purely personal.
accretion.
ELEMENTS OF ACCRETION
1. 2/more persons are called to the same
inheritance, or to the same portion thereof,
jointly or pro indivisio; and
2. there is a vacancy in the inheritance as a
result of predecease, incapacity or
repudiation.

AAA - BASTE / ATB
SUCCESSION 43 of 56
THE AWESOME NOTES
SUBSTITUTION REPRESENTATION ACCRETION SUBSTITUTION REPRESENTATION ACCRETION
In Testamentary Succession In Intestate Succession

WITH RESPECT TO THE LEGITIME
if the cause is predecease and incapacity
if the cause is predecease, incapacity and disinheritance

not available RIGHT OF not available
REPRESENTATION
not available - the representatives not available SHALL TA K E
shall succeed to the PLACE

vacant portion - representative to
succeed the vacant
IF
REPRESENTATION
IS NOT AVAILABLE

portion
IF RIGHT OF
- then the co heirs of REPRESENTATION
the same degree IS NOT AVAILABLE
shall succeed to it in - then the vacant
their own right. portion shall go to
- not by accretion, the co-heirs in their
as accretion applies

only to free portion
own right
IN DEFAULT
IF ABOVE - the vacant portion
MENTIONED IS shall go to heirs in
STILL NOT the next order if
AVAILABLE intestacy
- the vacant portion
shall go to other if it is due to repudiation
secondary and/or
compulsory heirs
not available not available RIGHT OF
if it is due to repudiation ACCRETION
shall go to the other
right of accretion, representation and substitution shall not takes co-heirs by right of

place. in fact, accretion and substitution cannot take place.
WHAT HAPPEN HERE;

accretion
IN DEFAULT
1. the other co-heirs shall succeed to it in their own right - the vacant portion
2. in default thereof; the vacant portion shall go to other secondary shall go to heirs if
and/or compulsory heirs the next degree in
WITH RESPECT TO THE FREE PORTION

(in case of predecease, incapacity or repudiation)

their own right
IN DEFAULT
- it shall go to the
heirs in the next
substitution shall NOT APPLICABLE IF THE TESTATOR order of intestacy
take place IF - in testamentary DOES NOT
- provided for by the
testator
s u c c e s s i o n ,
representation shall
take place only with
PROVIDE FOR
SUBSTITUTION
- the vacant share

respect to the shall go to the co-
legitimes heir by right of
- it does not take accretion
place with respect to * if the requisites are
what is voluntarily present; and
given by will. * the testator has not
provided to the

contrary
HENCE; pag wala

yung requisites or
the testator provides
for the contrary
shall pass to the
legal heirs if no
substitute has been

designated.

AAA - BASTE / ATB
SUCCESSION 44 of 56
THE AWESOME NOTES
INCAPACITY TO SUCCEED TIME WHEN CAPACITY IS TO BE DETERMINED

QUALIFICATIONS

AND GOVERNING LAW
GEN RULE
1. possession of juridical capacity shall be based at the time of the death of the
2. not specifically disqualified
3. the heir, devisee, legatee (HDL) must be living at
decedent
the moment the succession opens
EXE TO: POSSESSION OF JURIDICAL

EXE:
if the institution, devise or legacy should be
conditional (suspensive)

PERSONALITY
I. testamentary disposition by the testator of

- the capacity is to be determined not only at
the time of the death of the decedent,
- but also at the time of the fulfillment of the
the whole or part of his property for prayers
and pious works for the benefit of his soul
- in general term, without specifying its

condition.
NOTE:

application
IN THIS INSTANCE; It shall be

CAPACITY TO SUCCEED; governed by

- the national law of the decedent.
distributed in the ff manner, after
court's approval

1. 1/2 to the church or denomination
which the testator belongs
2. 1/2 to the State, for the benefit of
public school, charitable
institutions and centers.
II. testamentary provision made in favor of

the poor in general
- W/O designation of particular persons or

community
IN THIS INSTANCE
1. the recipient shall be limited to the
poor living in the domicile of the
testator at the time of his death.
EXE:
contrary intention clearly
appears
2. designation and the distribution shall
be made by
• person appointed by the testator for
the purpose
• in default thereof, the executor; or
• should there be no executor, shall
be done by justice of peace, mayor
and municipal treasurer
- who shall decide by majority
vote, and subject to RTC's
approval

QUALIFICATIONS FOR #3
- a child already conceived at the time of the

death of the decedent is capable of
succeeding; PROVIDED
1. the child must be alive for at least 24 hrs
from complete delivery, if it had an intra-
utirine life of less than 7 mos; or
2. the child must be alive even onky for a few
hrs from complete delivery, if it had an
intra-utirine life of at least 7mos.

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SUCCESSION 45 of 56
THE AWESOME NOTES

DISQUALIFICATIONS
(4) Any attesting witness to the execution of a

BY REASON OF PUBLIC POLICY will, the spouse, parents, or children, or any
one claiming under such witness, spouse,

Art. 739. The following donations shall be void:
1. Those made between persons who were

parents, or children;
EXE:
guilty of adultery or concubinage at the if there are 3 other competent
time of the donation;
2. Those made between persons found guilty
of the same criminal offense, in
witnesses to such will
(5) Any physician, surgeon, nurse, health

consideration thereof; officer or druggist who took care of the testator
3. Those made to a public officer or his wife,
descedants and ascendants, by reason of
during his last illness;
his office.
BY REASON OF POSSIBLE UNDUE

(6) Individuals, associations and corporations

not permitted by law to inherit.

INFLUENCE
Art. 1027. The following are incapable of

BY REASON OF UNWORTHINESS
Art. 1032. The following are incapable of

succeeding:
(1) The priest who heard the confession of the

succeeding by reason of unworthiness:
(1) Parents who have abandoned their children

testator during his last illness, or the minister of or induced their daughters to lead a corrupt or
the gospel who extended spiritual aid to him

during the same period;
immoral life, or attempted against their virtue;
IT ALSO INCLUDES
REQUISITES a. abandonment of the child
a. the will must have been made b. inducement of a daughter to lead
during the testator's last illness a corrupt or immoral life
b. t h e spiritual c. attempt against a daughter's
ministration(confession or
extension of spiritual aid) must
have been made during the last
virtue
(2) Any person who has been convicted of an

illness attempt against the life of the testator, his or
c. the will must have been executed
during or after the spiritual
her spouse, descendants, or ascendants;
ministration.
(2) The relatives of such priest or minister of

REQUISITES
a. the heir must have made an
attempt against the life of the
the gospel within the fourth degree, the church, decedent, his or his spouse,
order, chapter, community, organization, or descendants or ascendants
institution to which such priest or minister may b. there must be an intent ti kill; and

belong;
(3) A guardian with respect to testamentary

c. there must have been a final

conviction for such attempt.
dispositions given by a ward in his favor before (3) Any person who has accused the testator of
the final accounts of the guardianship have a crime for which the law prescribes
been approved, even if the testator should die imprisonment for six years or more, if the

after the approval thereof;
EXE: any provision made by the ward

accusation has been found groundless;
IT ALSO INCLUDES
in favor of the guardian when the latter a. filing of a complaint against the
is his testator without a cause; and
• ascendant, b. testifying falsely as a witness
• descendant,
• brother, sister, or
• spouse,

against the testator
(4) Any heir of full age who, having knowledge
shall be valid;
NOTE: DISQUALIFICATION APPLIES

of the violent death of the testator, should fail to
report it to an officer of the law within a month,
unless the authorities have already taken
- if the designation of the guardian was action; this prohibition shall not apply to cases
made prior to the approval of the final wherein, according to law, there is no obligation
accounts to make an accusation;

AAA - BASTE / ATB
SUCCESSION 46 of 56
THE AWESOME NOTES
DECLARED INOPERATIVE
- as the law does not vest an obligation
to a person to make an accusation for

EFFECT OF UNWORTHINESS/ INCAPACITY
GEN RULE
violent deaths under the law
(5) Any person convicted of adultery or

exclusion from the entire inheritance
- losses everything which he could have have
otherwise received mortis causa from the

concubinage with the spouse of the testator;
NOTE:
decedent, including his legitime if he is a

compulsory heir.
- the offending spouse of the testator EXE:

here is not covered by Art. 1032. I. he shall still retain what he had already
hence, di sya declared unworthy received from the decedent during the lifetime
- HOWEVER; if as a result thereof,
legal separation has bern granted on
the ground of sexual infidelity, the

of the latter
EXE TO EXE
offending spouse is disqualified to when he should commit any act of
inherit from the innocent spouse ingratitude enumerated under Art. 765
note: yung qualification here NCC:
applies only in intestate 1. if the donee should commit some
succession. as nothing offense against the person, the
prevents the testator-innocent honor or the property of the donor,
spouse from still designating or of his wife or children under his
his offending spouse as his parental authority;
heir.
(6) Any person who by fraud, violence,

2. If the donee imputes to the donor
any criminal offense, or any act
involving moral turpitude, even
intimidation, or undue influence should cause though he should prove it, unless
the testator to make a will or to change one the crime or the act has been

already made;
ACTS INCLUDED ARE THE FF:

committed against the donee
himself, his wife or children under
his authority;
a. causing the testator to make a will 3. if he unduly refuses him support
b. causing the testator to change an when the donee is legally or
existing will morally bound to give support to
c. preventing the decedent from
making a will the donor.
d. preventing the testator from

revoking his will
II. Pardon upon the act of unworthiness
(7) Any person who by the same means

prevents another from making a will, or from

2 KINDS OF PARDON
1. E x p r e s s P a r d o n - w h e n t h e
revoking one already made, or who supplants, decedent, having knowledge of

conceals, or alters the latter's will;
(8) Any person who falsifies or forges a

the. cause, subsequently
condones it in writing
2. I m p l i e d P a r d o n - w h e n t h e
supposed will of the decedent. testator, having knowledge of a

cause, institutes the offender as
HDL.
R E P R E S E N TAT I O N ; I N C A S E O F
UNWORTHINESS
since unworthiness is purely personal to the

heir, it does not prejudice his children and

descendant.
WHO ARE ENTITLED TO

REPRESENT THE UNWORTHY HEIR
1. the children of the unworthy heir;

or
2. descendant to the decedent's

inheritance (?)

AAA - BASTE / ATB
SUCCESSION 47 of 56
THE AWESOME NOTES
RIGHT OF REPRESENTATION (IN

CASE AN HEIR IS DECLARED
UNWORTHY) IS AVAILABLE ONLY IN
THE FF INSTANCES:
if the person excluded from the
inheritance by reason of unworthiness
1. should be a child or descendant
of the descendent; or
2. is a brother or sister
REQ FOR #2
- the children of the unworthy
heir must survive with their
uncles and aunts.
EXTENT OF REPRESENTATION
- extends to whatever portion in
intestate succession the person
represented may have been entitled to.
OBLIGATION OF THE EXCLUDED HEIR WHO

ENTERED INTO POSSESSION OF HEREDITARY
PROPERTY
1. to return the hereditary property
2. including the fruits and rents he may have or could

have received through the exercise of due diligence
NOTE:
regardless on WON the excluded heir acted in
bf, he has the right to recover necessary

expenses.

KUNG NA ALIENATE NA YUNG PROPERTY
ALIENATION REMAINS VALID

- if it was made prior to the declaration

of his incapacity
PROVIDED
• if the transferee acted in gf
or w/o knowledge of the
facts which render the
transferor unworthy
- only remedy of the
co-heirs; to recover
damages from the
disqualified heir
• HENCE; should the
transferee acted in bf
- alienation not being
valid, the co-heirs may
recover it from the

PRESCRIPTION PERIOD
transferee.
- for declaration of incapacity and for the

recovery of the inheritance, devise or legacy
SHALL BE BROUGHT
WITHIN 5 YEARS
- from the time the disqualified person
took possession thereof. 

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SUCCESSION 48 of 56
THE AWESOME NOTES
ACCEPTANCE AND REPUDIATION OF C O R P O R AT I O N A N D O T H E R

INHERITANCE ENTITIES

AS TO ACCEPTANCE
NATURE - through its lawful representatives.
- purely voluntary and free NOTE: dapat yung entity is
- an HDL may not be compelled to accept the

inheritance. he is free to accept or repudiate the same
qualified to acquire property.
AS TO REPUDIATION
REQUISITES OF VALID ACCEPTANCE AND - approval of the court shall be
REPUDIATION
1. the person accepting or repudiating the inheritance
MUST be certain of the death of the person from

necessary
PUBLIC OFFICIAL ESTABLISHMENT

whom he is to inherit; and
- such as; state universities and public

2. he must be certain of his right to inherit
WHO MAY EFFECT THE ACCEPTANCE OR

libraries
- can neither accept nor repudiate
without the approval of the

REPUDIATION
GEN RULE
government.
- the HDL REMEDY OF CREDITORS PREJUDICED BY

- deaf-mutes who can read and write may THE REPUDIATION
accept and repudiate the inheritance personally - may petition the court to authorize them to
or through an agent
- a married woman may accept or repudiate
accept it in the name of the heir
REQUISITES

inheritance w/o the consent of his husband.
EXE: when acceptance and repudiation is

1. there must be a repudiation by the
heir in legal form, a repudiation
valid in law

done by person, other than the HDL
MINOR AND OTHER

2. there must be a credit existing
against the heir who repudiates
3. judicial authorization must be

INCAPACITATED PERSON
AS TO ACCEPTANCE
obtained before the creditor may
accept for the debtor; and
4. the act of repudiation prejudices

- by their parents or guardians
AS TO REPUDIATION
the claims if the creditor.
SHOULD IT BE GRANTED
- by their parents or guardians, only EXTENT OF RESCISSION OF
after judicial authorization. REPUDIATION
- absence of judicial authorization, the ONLY TO THE EXTENT

repudiation shall be void.
INHERITANCE LEFT TO THE POOR

- sufficient to cover the amount of their
credits.
HENCE; as to the excess, the
repudiation shall still remain
AS TO ACCEPTANCE
- by the person designated by the
testator to determine the beneficiaries
valid.

and distribute the properties.
AS TO REPUDIATION

- no right to repudiate

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THE AWESOME NOTES

MANNER OF ACCEPTANCE
EXPRESS ACCEPTANCE
PROBLEMO
should an heir is both testamentary and
intestate heir, what is the effect of his

- in writing. public or private document
IMPLIED ACCEPTANCE
repudiation when done only in either one

capacity?
- one resulting from acts by which the intention ANS:

to accept is necessarily implied.
IE.
S H O U L D H E R E P U D I AT E S . T H E
INHERITANCE IN HIS CAPACITY AS A
TESTAMENTARY HEIR
1. if the heirs sells, donates, or - deemed to have repudiated the inheritance as
assigned his right to a stranger, or
to his co-heirs, or to any of them
2. if the heir renounces the same,

an intestate heir
S H O U L D H E R E P U D I AT E S T H E
even though gratuitously, for the INHERITANCE IN HIS CAPACITY AS AN
benefit of one or more of his co- INTESTATE HEIR
heirs (this act is cession really) without knowledge of him being a testamentary
3. if the heir renounces it for a price heir
in favor of all his co-heirs - not deemed to have renounced his right as a
indiscriminately (not really a
renunciation)
testamentary heir.
4. if within 30 days after the court

issues an order for the
distribution of the estate in

EFFECT OF ACCEPTANCE AND REPUDIATION
RETROACTIVE EFFECT
accordance with the Rule of Court - the repudiation and acceptance shall always
- the HDL failed to signify to retroact to the moment of the death of the
the court having jurisdiction, decedent
whether they accept or even if

repudiate the inheritance.
NO IMPLIED ACCEPTANCE
- the institution of heir is subject to

suspensive condition
1. when the act does not qualify as SHOULD HE ACCEPTS

an act of dominion, rather it is - possession of hereditary property is deemed
merely for preservation, transmitted to the heir without interruption,
provisional administration from the moment of the death of the
2. w h e n t h e h e i r e x p r e s s l y
renounces gratuitously his part in
favor of all co-heirs, to whim the

decedent
SHOULD HE RENOUNCES
portion renounced shall pass by - deemed to have never possessed the
the right if accretion, substitution
or by intestate succession.
hereditary property
(absolute repudiation)
MANNER OF REPUDIATION
IRREVOCABILITY OF ACCEPTANCE OR

REPUDIATION
1. notarial document (public document) GEN RULE

2. authentic document ( one whose authenticity or acceptance and repudiation, once
genuineness is admitted and clearly proved) made, is irrevocable and cannot be
3. by way of petition presented to the court having
jurisdiction over the testamentary proceedings.

impugned.
EXE
EFFECT OF DEATH OF HEIR; without having 1. when it was made through any of
accepted or repudiated the inheritance the cause which vitiate consent

- his right shall be transmitted to his heirs

(FUiVIM)
2. when an unknown will appears 

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SUCCESSION 50 of 56
THE AWESOME NOTES
COLLATION

FF NOT SUBJECT TO COLLATION:
1. Expenses for support, education,

2 CONCEPTS
1. As a mere Mathematical Computation

medical attendance, even in
extraordinary illness, apprenticeship,
- computation of the value of the net hereditary
estate by

ordinary equipment, or customary gifts
2. Expenses incurred by the parents in

adding the value of all donation inter giving their children a professional,
vivos made by the decedent to the vocational or other career shall not be
remaining assets at the time of his
death
- including, the determination of the amount of

brought to collation
EXE:
the legitme of compulsory heirs and the • the parents so provide, or
disposable portion
and imputation of donation inter vivos
either to the legitime or to the

• they impair the legitime;
LESS: sum which the child

disposable portion.
2. Involving Actual Return of Property

would have spent if he had
lived in the house and
company of his parents shall
- for those donations made by the decedent
during his lifetime
in the event that said donation is found

be deducted therefrom.
NOTE: if found to be
to be inofficious. inofficious;

- chargeable to sa free portion

RULES AND PROCEDURES
FIRST
3. gifts by parents and ascendants
consisting of jewelry, clothing, and
determine the value of the property which outfit, shall not be reduced as
remains at the time of the death of the

decedent
inofficious
EXE:
SECOND insofar as they may exceed
all debts and charges which are not imposed in 1/10 of the sum which is

the will shall be deducted.
after deduction, the difference is called;

disposable by will.
~ excess subject to collation
THIRD

NET HEREDITARY ESTATE (NHE) NOTE: subject to collation yung
• when the testator expressly provide
that the disposition made in the will
ADD to NHE shall be subject to collation
- value of all donations by the testator that are
• any sums paid by a parent in
subject to collation, at the time he made them. satisfaction of the debts of his
whether such donation was made in favor of children, election expenses, fines

his compulsory heir or strangers
the total shall be called; and similar expenses.
The grandchildren, if they concur

DISTRIBUTABLE ESTATE
VALUATION OF THE DONATIONS

with their uncles, aunts or cousins;
shall be obliged to collate:
MADE • all that their parents, if alive, would
- the value of the property at the time it have been obliged to bring

was donated
NOTE:
even though
- such grandchildren gave not
inherited the property
pag both parents made a donation, 1/2 • all that they may have received
shall be brought back to the inheritance from the decedent during his
of the father, and the other half to the

mother.
FOURTH
lifetime.
DISTRIBUTABLE ESTATE After determination of the

- shall be the basis for computing the • distributable estate

free portion and the legitime • the legitimes
• the free portion

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SUCCESSION 51 of 56
THE AWESOME NOTES
= donations which had been brought to EXE TO PRO RATA REDUCTION OF

collation should next be imputed and DEVISES AND LEGACIES MADE
charged against the corresponding WITHOUT DISTINCTION

portion of the estate. - if the testator has directed that a
certain device or legacy be paid in
IMPUTATION OF DONATIONS AND OTHER

GRATUITOUS DISPOSITION
preference of the others
IF AFTER REDUCTION/ANNULMENT
DONATIONS MADE TO COMPULSORY OF LEGACY AND/OR DEVICE, THE

HEIRS
GEN RULE
LEGITIME IS STILL IMPAIRED
- will be the only time that the
donations made shall be reduced or

chargeable to their legitimes
EXE:
annulled, as the case may be.
- sa order of preference as to which of
several donations shall be reduced first
when chargeable to the free portion: yung donation having the
1. w h e n t h e d o n o r e x p r e s s l y recent date shall be reduced
provides that collation shall not
take place. (testator manifested in
his will that the donations made
first
ORDER OF PREFERENCE AS TO THE

shall not constitute as an advance
on the legitime)
2. when the donee renounces the

PAYMENT OF LEGACIES AND DEVICES
Art. 950. If the estate should not be sufficient to

inheritance, thus becoming a cover all the legacies or devises, their payment

complete stranger to the
inheritance.
shall be made in the following order:
1. Remuneratory legacies or devises;

DONATIONS MADE TO STRANGERS
CHARGEABLE AGAINST
2. Legacies or devises declared by the
testator to be preferential;
3. Legacies for support;
- the free portion. 4. Legacies for education;
- that part of the estate which the 5. Legacies or devises of a specific,
testator could have disposed by his last determinate thing which forms a part of the

will.
IF FOUND TO BE INOFFICIOUS
estate;
6. All others pro rata.
- they shall be reduced insofar as they REVOCATION/ REDUCTION OF INOFFICIOUS

are inofficious
THE FF ARE DEEMED DONATIONS

DONATIONS
IN CASE OF INOFFICIOUS DONATION

TO STRANGERS - such is reducible to the extent, such excess
1. made by an ascendants to their WITHOUT PREJUDICE
grandchildren - to its taking effect in the donor's lifetime or the
2. made by a parent-in-law to their donee's appropriating the fruits of the thing
child-in-law
- pero; if made the spouses
jointly,

donated.
NOTE: MERE FACT OF INOFFICIOUS DONATION

• 1/2 shall be charged D O E S N N O T R E S U LT T O A U T O M AT I C
against the legitime of the REVOCATION.
donee-child - there must be an action for revocation
• the other half shall be - that said action must be filed within the prescriptive

charged against the free
portion
period

PRESCRIPTIVE PERIOD
DONATIONS SHALL BE RESPECTED 10 YEARS
SO LONG AS

- as the legitimes shall be covered
- following the death of the donor-decedent
WHO CAN FILE AN ACTION

IF THE LEGITIMES ARE IMPAIRED 1. those who has right to the legitime at the
- the devises and legacies made in the will shall time of donor's death; and
be reduced pro rata to the extent necessary,
and even be annulled to ensure satisfaction of 2. their heirs and successors-in-interest

both the legitime and donation made.

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SUCCESSION 52 of 56
THE AWESOME NOTES
WITH RESPECT TO THE FRUITS AND INTEREST OF

THE PROPERTY SUBJECT TO COLLATION
- it shall not pertain to the estate
EXE:
from the moment succession opens
DONEE, AFTER COLLATION, MAY ASK FOR

REIMBURSEMENT FROM COMPULSORY HEIRS
BENEFITED THE FF
1. necessary expenses incurred for the preservation of
the property donated to him
2. improvements made by him upon an immovable
which have increased its value, and which exist at
the time the partition is effected
ORNAMENTAL EXPENSE
- same sa property law.

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SUCCESSION 53 of 56
THE AWESOME NOTES
PARTITION NOTE: WHAT IS DELEGATED

NOTE: PRIOR TO PARTITION
- only power to make physical division
of the estate
DOES NOT INCLUDE
- the whole estate is owned in common by the heirs, - power to distribute or dispose. this

subject to the payment of the debts of the deceased.
DEFINITION
should still be exercised by the testator.
is the separation, division and assignment of a thing

held in common

BY THE HEIRS THEMSELVES
HOW
among those to whom it may belong.

- extrajudicial settlement

* the thing itself may be divided or its value.
PARTITION COVERS
REQUISITES (R74 S1 ROC)
1. the decedent left no will
2. the decedent left no debts, or if
- every act which is intended to put an end to there were, all had been paid
indivision among co-heirs, legatees and 3. the heirs are all of age, or if they
devisees, are minors, the latter are
although it may purport to be a sale, represented by their judicial
exchange, compromise, or other guardian or legal representatives

transaction. 4. the partition was made by mans
of a public instrument or affidavit

WHO AND HOW PARTITION IS EFFECTED
BY THE TESTATOR HIMSELF

duly filed with the Register of

Deeds.
- shall be respected, so long the legitimes of HOWEVER;

compulsory heirs are not affected
HOW
Vda. de Reyes vs. CA
- oral partition may be valid
- the need that it be placed in a
1. by will public instrument and

2. act intervivos
BY ACT INTER VIVOS

registered in RD, is only for the
purpose of protection of
creditors and at the same time
- as an exception to the prohibition of the heirs. HOWEVER, such
against future inheritance does not apply in extrajudicial
- the partition here shall take effect only settlement of estate when

after death of the testator
REQ: should a testator

there are no creditors whose
right may be prejudiced.
partition his estate by act inter
vivos
- he must execute first a will,

BY THE COURT
HOW
with all the formalities Ordinary Action for Partition
prescribed by law. (Legasto vs
Verzosa)
pero parang in conflict

(Rule 69 ROC)
2 WAYS OF PARTITION UNDER

s a J LT A g r o v s
Balansag.
pg. 726 Rabuya. ano

RULE 69
BY AGREEMENT
ba talaga?
BY A THIRD PERSON DESIGNATED BY THE

- where the parties prepare a
project of partition and submit
the same for the court's

TESTATOR (MANDATARY)
Testator may, by act inter vivos or mortis causa,

confirmation
THROUGH COMMISSIONER
intrust the power to make the partition after his - when no such agreement can
death to any person be reached

- who is not one of his heirs.
THE POWER SHALL BE EXERCISE

- court shall appoint
commissioners, who shall
prepare and submit report of
ONLY

- after the death of the testator
partition

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SUCCESSION 54 of 56
THE AWESOME NOTES
NOTE: no partition can be effected

when expenses chargeable to the
estate is still at issue.

IN THIS INSTANCE; 2 SCENARIO MAY ARISE
1. the thing may be adjudicated to one of the

- in this instance, settlement of estate heirs

is the proper course of action. PROVIDED
he shall pay the others the excess in
ISSUES TO BE RESOLVED SHOULD
THE ACTION FOR PARTITION IS cash.

BROUGHT BY A CO-OWNER
FIRST
2. the thing shall be sold at a public auction,
should any of the heirs demand for it.
- in here; strangers shall be allowed to
- whether the plaintiff is indeed

a co-owner
bid.
S A L E O F H E R E D I TA R Y S H A R E B E F O R E
SECOND PARTITION
- after the first has been
determined, how the property
- is allowed
is to be divided. QUALIFICATIONS
an heir can only sell his ideal or undivided

RIGHTS OF CO-HEIRS TO DEMAND PARTITION
GEN RULE:
share in the estate, and not any specific
property therein.
RATION:
every co-heir has a right to demand division of - since, the share of an heir is only

the estate, AT ANY TIME
ONCE CO-OWNERSHIP IS
determined after the final adjudication
of division of the estate by the probate
or intestate court.
RECOGNIZED IN HERE; it presupposes that
- action to compel partition will not all debts of the estate has been

prescribe paid and the shares of the
legatees and devisees has

EXE:
• testator may validly prohibit the partition of

been given
IF THE HEIR SOLD HIS SHARE TO A

the estate for a period NOT EXCEEDING 20 STRANGER, BEFORE PARTITION...
YRS

- this may even apply over legitime
RIGHTS OF THE CO-HEIRS
they may redeem such share from the

EXE TO EXE purchaser
1. any of the causes for which BY: reimbursing the latter for the
partnership is dissolved; or
2. w h e n t h e c o u r t fi n d s f o r
compelling reasons that division

price of the sale
TIMEFRAME
should be ordered, upon petition - WITHIN 1 MONTH from the time they
by one of the co-heir

were notified in writing of said sale.
• the heir themselves may agree on indivision,

for a period NOT EXCEEDING 10 YEARS
EFFECTS OF PARTITION

- but renewable for like period.
• voluntary heirs upon whom condition has

• the co-ownership is terminated, and each co-owner
becomes the absolute and exclusive owner of the
share allotted to him.
been imposed, cannot demand a partition • it shall not prejudice the rights of 3rd persons, who

- UNTIL the condition has been fulfilled.
EXE TO EXE:
shall retain the rights of mortgage, servitude, or any
other real rights belonging to them before the division
was made
even prior to the fulfillment of the • personal rights pertaining to 3rd persons against the
condition, should the voluntary heir ownership shall also remains.
GIVES SUFFICIENT SECURITY for • mutual accounting shall be rendered by the co-
the rights which the said voluntary owners to each other with regard to benefits and

heirs may have. expenses and each co
• owner shall be liable to pay for damages caused by
IF PARTITION IS NOT POSSIBLE
EITHER BECAUSE
• the thing is indivisible; or

reason of his negligence or fraud.
• the thing will be impaired if divided

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SUCCESSION 55 of 56
THE AWESOME NOTES
THEY SHALL REIMBURSE ON ANOTHER RESCISSION DUE TO PRETERITION

FOR AVAILABLE ONLY
- the income and fruits which each one of them - if bf of fraud on the part of the other person
may have received from any property of the
estate
- for any useful and necessary expenses made

interested has been proved.
HENCE; IN ABSENCE OF BF/FRAUD

upon such property - the other persons interested be
- for any damage thereto through malice or proportionately obliged to pay to the

neglect
• every co owner shall be liable for defects of title

person omitted the share which

belongs to him.
and quality of the portion assigned to each of the OBLIGATION OF THE HEIRS WHI
other co-heirs (action must be brought WITHIN WAS SUED
10 YEARS from the time the action accrues) 1. he may indemnify the plaintiff for
- this is proportionate to the respective the loss; or
hereditary shares of the co-heirs.
- if one is insolvent, other co-heirs shall
shoulder the part in the same proportion
2. consent to a new partition
OPTION OF
those who pays in favor of the INDEMNIFICATION
insolvent co-heir has right to be either by
reimburse after his financial condition • cash; or
improve
WHEN OBLIGATION OF WARRANTY AMONG

• delivery of a thing of the
same kind and quality as
that awarded to the
CO-HEIRS SHALL CEASE
1. when testator himself has made the
partition. UNLESS; can be reasonably
plaintiff.
OPTION OF CONSENTING
presumed that his intention was otherwise. TO A NEW PARTITION
2. when it has been expressly stipulated in - this shall not affect those who
the agreement of partition. UNLESS; there were not prejudiced nor those
has been bf. who received more than their
3. when the eviction is due to a cause
subsequent to the partition, or due to the
just share.

fault of the distributee of the property. NOTE: NOT PROPER GROUND OF

RESCISSION

RESCISSION AND NULLITY OF PARTITION
GROUNDS
• omission of one or more objects or securities
of the inheritance

same cause a contracts
RESCISSION ON ACCOUNT OF LESION

this can be cured by completion of the
distribution
- partition, whether judicial or extrajudicial AN HEIR CANNOT BRING ACTION

- when any one of the co-heirs received things FOR RESCISSION WHEN
whose value is less, by at least 1/4, than the - he alienates the whole or

share to which he is entitled.
IF THE PARTITION WAS MADE BY

considerable part of the real property

adjudicated to him
THE TESTATOR; it can be impugned HIS ONLY REMEDY IS

only if:
1. legitime of the compulsory heirs
are prejudiced
- right to be indemnified in cash
• none participation of some of the heirs in the

2. i t c a n b e r e a s o n a b l y b e
presumed, that the intention of the
partition.
testator was otherwise. EXE:

- fraud or bf has been established on
PRESCRIPTION PERIOD
AFTER 4 YRS
part of interested persons.

- from the time the partition was made IN THIS INSTANCE
- the person/s who employed
fraud or bf shall be
proportionately obliged to pay

to the person omitted the share
which belongs to him.

AAA - BASTE / ATB
SUCCESSION 56 of 56
THE AWESOME NOTES

• inclusion of non-heir in the partition
AS THE ONLY EFFECT IS

- such partition shall be void only with
respect to him.

AAA - BASTE / ATB

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SUCCESSION 1 of 56

THE AWESOME NOTES

RULE ON TRANSMISSIBILITY OF PECUNIARY

BEFORE DISTRIBUTION OF THE ESTATE

LIABILITY OF THE HEIRS TO SUCH OBLIGATIONS

WHEN HEIRS ACQUIRES RIGHT OVER

THIS REMAIN TRUE EVEN

Q: CONTRACT ENTERED UPON FUTURE

RULE OF TRANSMISSIBILITY OF RIGHTS AND

not transmissible by their nature, stipulation or VALUATION

prepared by: ronie ablan

Q: if the heirs inherit shares of stock of a

transfer of title by means of succession, though DEVISEE

corporation and 3rd persons LEGATEE

HEIR DEVISEE LEGATEE

LEGAL OR INTESTATE SUCCESSION

LEGAL OR INTESTATE HEIRS

not disposed by the will

prepared by: ronie ablan

NOTE: WILL MUST BE IN WRITING

WHAT CANNOT BE DELEGATED

EXE: it is proper when

NOTE: WILL WHICH PROVIDES A

PROVISION DISINHERITING AN HEIR

WILL TO TAKE EFFECT AFTER THE TESTATOR'S

Q: is a survivorship agreement between H and

W with respect to their joint bank account be

prepared by: ronie ablan

RULES IN INTERPRETATION OF RULE THAT INTENT OF TESTATOR IS SUPREME

RULE FAVORING TESTATCY

HOW TO ADDRESS AMBIGUITIES

resort to parole or extrinsic evidence to

PAROL OR EXTRINSIC EVIDENCE;

USE IS LIMITED ONLY TO

HENCE: cannot use

prepared by: ronie ablan

IF THE TESTATOR OWNS THE ENTIRE

FORMAL VALIDITY INTRINSIC VALIDITY

LEX LOCI LEX NATIONALII

law in force at the time of law in force at the time of

IF THE TESTATOR ONLY OWNS A PART OR

should the testator expressly declares that he

1. should he subsequently acquire

prepared by: ronie ablan

TESTAMENTARY CAPACITY note:

HENCE: the burden of proof is upon

MARRIED WOMAN MAY MAKE A WLL

• supervening incapacity does not in invalidate

THE TESTATOR MUST HAVE THE ABILITY

PROPER OBJECT OF HIS BOUNTY

prepared by: ronie ablan

TWO KINDS OF WILLS

1. must be subscribed at the 1. it must be entirely written by

2. it must be attested and

1. the will must be in writing

3. the person requested by him

LEX LOCI CELEBRATIONIS