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Summary of Wills and Succession - Atty. Sebastian's Book
Summary of Wills and Succession - Atty. Sebastian's Book
Summary of Wills and Succession - Atty. Sebastian's Book
788
794
792
Rationale
General rule
The true intention of the testator must be Separability clause - Nullity of one does not affect the others
ascertained when the will is ambiguous GR: Testator conveys the entirety of his interest
Balanay v Martinez (L-39247)
EXPN: if the interest of the testator is limited only
to the aliquot part, then such is only conveyed.
No one can give what he does not have
790
793
Grant of less than full interest
Capacity to act
800
power to do acts with legal effect
GR: Not an element of testamentary capacity
EXPN: minority, insanity, imbecility. Presumption of Sanity - a prima facie presumption and may
be controverted by competent evidence
Guidelines
801
1. The testator should know the nature of the estate
to be disposed
Determination of testamentary capacity
9|Wills and Succession - Atty Sebastian - Summarized by Ace Quebal
Subsection 3 - Form of Wills ii. To verify compliance with ii. to prevent authorized
substantive law dispositions
2. A will must be written in a language known to the b. Bottom signature does not apply to the
testator - In order to stop relying on another person witnesses
804 whose integrity he has to rely on i. They may place the same
a. Circumstances indicating lack of elsewhere, provided that they
805 knowledge of the language are affixed on each and every
i. Suroza v Honrado - The will is page
void. In the opening paragraph, ii. Purpose: identification and
806 it was stated that English was a prevention of fraudulent
language "understood and substitution
known" to the testator. Yet, in iii. Taboada v Rosal - Liberal
Form of wills the last paragraph, it was construction of will. 805 does
stated that the will was read to not make it a condition
GR: 804, 805, 806 governs formalities the testatrix "and translated precedent for the extrinsic
EXPN: into Pilipino language" validity of the will that the
o 807 deaf or deaf-mute b. Circumstances indicating knowledge of signatures of the subscribing
o 808 blind the language witnesses should be specifically
o 810 Holographic (w/804) i. Reyes v Vda. de Vidal - There is located at the end of the will
a presumption that the after the signature of the
The purpose of formalities
testator knew that language testatrix. The signature of the
Lee v Tambago (FAVORITE NI BASTE) - The law which the testament has been instrumental witnesses on the
provides for certain formalities that must be written. In this case, the same left margin would suffice. to
followed in the execution of wills. the object of was not rebutted object of attestation and
solemnities surrounding the execution of the wills is notwithstanding the fact that subscription is fully satisfied.
to close the door on bad faith and fraud, to avoid there is nothing in the 1. Attestation:
substitution of wills and testaments, and to testimony of the witnesses Witnessing the
guarantee their truth and authenticity presented by the testator's execution;
executor/administrator that mental note
The formal requisites of a notarial will the testatrix knew and spoke 2. Subscription: signing
the spanish language. In of the names of the
1. The will must be in writing
upholding the will, the court witnesses upon the
a. Objectives
took into consideration that same paper for the
i. To evidence compliance with
the deceased was a mestiza purpose of
requirements
espanola, was married to a identification
ii. To serve as the exclusive proof
Spaniard, ande made several 3. The act of signing
of its contents
trips to Spain. confirms compliance
b. Purpose:
c. Presumption of knowledge of the with certain
i. Visual inspection for the
language procedural
determination whether or not
3. The testator must sign at the end of the will requirements; the
the formalities are complied
a. Purpose act of subscribing
with
i. To signify the end of the logical identifies the
end of the will
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authentic pages of ii. Cannot be legislated; personal i. Taboada v Rosal - The failure of
the will circumstances and background the attestation clause to state
c. Sufficiency of customary signature of the c. Competent witness the number of pages used upon
testator i. Determined by law (820 and which the will is written is not
i. initials 821) necessarily a fatal defect. The
ii. thumb mark; partial paralysis 5. The testator and the witnesses must sign in the will may yet be admitted to
(Lopez v Liboro) presence of one another probate if the actual umber of
iii. Cross (insufficient compliance a. Nera v Rimando - "merely casting eyes"; pages of the will is readily
because of failure to prove that "possibility of seeing without any discernible from the will and
it is the testator's usual physical obstructoin" one need not adduce extrinsic
signature) (Garcia v Lacuesta) 6. The testator and the witnesses must sign on the evidence to establish that fact
d. Fascimilie signature is not acceptable left margin of each page - Subscribing signatures. b. Error in indicating the actual number of
e. Requisites for a third person signing on Exact location is not material; to prevent pages
behalf of the testator substitution of pages i. Samaniego-Celada v Abena -
i. Express directive 7. Each page of the will must be numbered The two-page will is valid even
ii. Write the name of testator correlatively if the attestation clause stated
iii. Written in the will and in the a. Location of the page number is not that it has three pages because
presence of the testator and material for so long as there is pagination it was proven that the testator
each of the instrumental b. Pagination need not be in letters and in had an honest belief that the
witness fact may be arabic numerals attestation clause if part of the
iv. Should manually write the c. If the first page is not numbered, the notarial will
name of testator in the omission shall not necessarily invalidate ii. Lopez v Lopez - The
relevant parts of the will the will acknowledgement stated that
the will has 7 pages, where in
Balonan v Abellana, et al (L- Lopez v Liboro (L-1787) - the two-page fact it has 8, including such
15153) - Third person did not will is valid even if there is no page acknowledgement. Hence, the
write the name of the testator numbr. The second page only has two will is invalid.
but his name instead. He also lines: the attestation clause, the mark o c. Attestation clause fails to state the
signed it. Hence, will not testator and signature of the witnesses number of witness - no a fatal error
admitted to probate i. Testate estate of the late alipio
8. The will must contain an attestation clause Abada v Abaja - Even if the will
4. A will must be attested and subscribed by three Three things: did not state the number of
credible witnesses - Where the attestation clause 1. Number of pages witnesses, it is found to be valid
is not signed by the witnesses at the time of 2. The testator signed the will or caused another to after the examination of the
execution of the will, it would invalidate the will as write his name, by his express direction and in his will itself. The phrase "en
it would be easy to add the clause on a subsequent presence and the presence of the witnesses presencia de nosotros" or "in
occasion in the absence of the testator and the 3. The testator and the witnesses signed the will in our presence" coupled with the
witnesses the presence (or the third person) signed the will in signatures appearing on the
a. Effect of a missing signature the presence of one another will itself is sufficient.
i. Icasiano v Icasiano d. Attestation clause fails to state that the
b. Credible witness a. The attestation clause must state the testator's name was written by a third
i. "worthy of belief" number of pages person
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i. Garcia v Lacuesta - the will is notary certifies that before nevertheless, be
invalid because although the him/her, the document was allowed if the court is
third person assigned by the subscribed and sworn by the satisfied from the
testator to write his name executor testimony of other
wrote the same in the 1. Article 806 requires witnesses and form
signature person, he did not do that the will be all the evidence
the same in the attestation "Acknowledged" and presented that the
clause, making it appear that not merely will was executed
the testator signed the . subscribed and and attested in the
1. The sign of the cross sworn to manner required by
cannot be likened to 2. The law.
a thumb mark. It acknowledgement 2. Absent any self-
doesn't have the coerces the testator interest, the
trustworthiness and the instrumental testimony of the
reposed to the latter. witnesses to declare notary public will be
e. Attesting witness did not sign at the before an office of given greater weight
bottom of the attestation clause the law that they had than the witnesses
i. Cagro v Cagro - Probate of the executed and should the
will denied because appellants subscribed to the will statements of the
wanted the court to appreciate as their own free act latter be conflicting.
the signature of the testators or deed. Such ii. Sebastian:
on the left hand margin as declaration is under 1. two functions of the
substantial compliance with the pain of perjury witnesses as
the attestation signature g. Conflicting testimonies of the witnesses provided in Vda de
requirement (bottom). "If an i. Vda de Ramos v CA - The Ramos:
attestation clause not signed failure imprint in photographs a. Attesting
by the three witnesses at the all the stages in the execution the due
bottom thereof be admitted as of the will does not serve any execution
sufficient, it would be easy to persuasive effect nor have any b. certificatio
add suhase to a will on a evidentiary value to prove that n of the
subsequent occasion and in the one vital and indispensable truth of
absence of the testator and requisite has not been acted the facts
any or all of the witnesses. on. 2. Liability of the
1. Sebastian: 1. If any or all of the attesting witnesses
Controversial issue subscribing who participate in
because the court witnesses testify the due execution:
was sharply divided against the due perjury
f. Formally defective attestation clause execution of the will, 9. The will must be acknowledged before a notary
i. Azuela v CA - A will which does or do not remember public
not contain an attestation having attested to it, a. Definition of acknowledgement
clause but a mere jurat is or are otherwise of i. Act of one who has executed a
fatally defective. A jurat is that doubtful credibility, deed in going before some
part of an affidavit where the the will may, competent officer and
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declaring it to be his act or witnesses 1. Guerrero v Bihis -
deed witnessed Notary public who
ii. The law does not require that and signed acknowledged the
the testator and the witnesses the will will in QC is based in
acknowledge the will before and the Caloocan. Hence,
the notary public at the same pages in void.
time. It would suffice that they the ii. Notary public must not be an
acknowledged it before the presence instrumental witness
same notary public of the 1. Cruz v Villasor -
b. Acknowledgement must be made by the testator Notary public cannot
testator and witnesses and of one act as a third
i. Three components of a will: her witness. To allow the
(TAN) 3. Notarial notary public to act
1. Testamentary acknowledgement as a third witness or
dispositions ii. The witnesses must declare one of attesting and
2. Attestation of the before the same notary public acknowledging
witnesses that this certification is their witnesses, would
a. Actual free and voluntary act or deed. have the effect of
number of The failure of the witnesses to having only two
pages declare before the notary attesting witnesses
b. Testator public their participation in the to the will which
signed the execution of the notarial will as would be in
will and narrated in the attestation contravention of the
every page clause is a fatal omission which provisions of 80
thereof, or results in the nullity of the requiring at least
caused notarial will. three credible
some iii. Garcia v Gatchalian - the will is witnesses to act as
other invalid because it is only such, and of Article
person to acknowledged before a notary 806 which requires
write his pic by the testator. Witnesses that the testator and
name, did not the required number
under his c. Role of the notary public of witnesses must
express i. GR: notary public need not be appear before the
direction present in person to witness notary public to
and n the the execution of the will acknowledge the will
presence ii. EXPN: notary public must
of the himself read the will to a blind
instrument testator (808); he is not a
807
al witness
witnesses d. Disqualifications of a notary public
c. The i. Notary public must be duly
instrument commissioned Rationale
al
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to compensate or otherwise make up for the Rationale - Doctrine of liberal interpretation; the objective is o Attestation clause which does not state
disability of the testator to give some protection to the testator whose will may be that the testament "was signed by the
The objective of the law is to make sure he disallowed for reasons not attributable to him or otherwise witnesses in the presence of one another
understands the will beyond his control and of the testator" renders the will null
and void
Requisites of the doctrine of liberal interpretation o Mere defects in form in the attestation
1. Applies solely to defects and imperfections in the clause do not render the will void.
808
form or language of the attestation clause However, defects in attestation clause
2. Bad faith, forgery, fraud, undue and improper which require submission of parol
influence must be ruled out insofar as the evidence are not mere defects in form
Rationale o GR: omission which can be supplied by an
execution of the attestation clause is concerned.
The liberal attitude is justified only because of the examination of the will itself, without the
Will twice to be read to the blind testator; first by
good faith of the instrumental witnesses need of resorting to extrinsic evidence,
one of the witnesses, second by the notary public
3. The defects and imperfections of the attestation will not be fatal and correspondingly,
Garcia v Vasquez - Testator has glaucoma. would not obstruct the allowance to
Notwithstanding an operation and removal of the clause shall be ignored and will not cause the
nullity of the will, if is proved that the will was in probate of the will being assailed.
cataract in her left eye and her being fitted with However, those omissions which cannot
aphakic lens (used by cataract patients), her vision fact executed and attested in substantial
compliance with 805. The key element of the be supplied except by evidence aliunde
remained mainly for viewing distant objects and would result in the invalidation of the
not for reading print. Hence, he is considered doctrine of liberal interpretation is substantial
compliance attestation clause and ultimately of the
"blind" and therefore must comply with the two will itself
reading rule. 4. The doctrine of liberal interpretation cannot be
invoked in a holographic will simply because this
Substantial compliance will s not have an attestation clause
Vda. de Gil v Vda de Murciano - When the 810
1. Attempt in good faith to perform, without any
attestation clause is signed by the witnesses to the
willful or intentional departure therefrom
instrument, besides the testator, such attestation
2. The deviation from the obligation must be slight
clause is valid and constitutes substantial
3. The deviation must be slight Purpose of writing a will, in general
compliance with the law even though the said
4. The omission must not pervade the whole or be so
attestation clause is made by the testator himself 1. The testator can designate voluntary heirs,
material that the object which the parties intended
o In adopting liberal construction of a will, legatees and devisees who, without the will, shall
to accomplish in a particular manner is not
evidence "ALIUNDE"/extrinsic is not be excluded from the distribution of the estate
attained.
allowed to fill the void or supply missing among his designated heirs in uneven shares
details. What is permitted is a probe into 2. The testator is able to distribute his estate among
Alvarado v Gaviola - Atty. Sebastian is against the the will, an exploration within its his designated heirs in uneven shares (without
ruling of this case. The court upheld the validity of confines, to ascertain its meaning or to prejudice to legitime) such that some may receive
the will despite the fact that the same was read to determine the existence or absence of more than the other
the testator only once, neither by the instrumental the requisite formalities of the law
witness nor by the notary public. Objective of a holographic will - secrecy
Caneda v CA (L-3362) -
o Attestation clause valid even if in a
Advantages and disadvantages of a holographic will
language not known to testator. It is not
809 part of the testamentary disposition 1. Advantages
a. Can be made without a lawyer
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b. Secrecy allowed under the principle of
2. Disadvantages substantial compliance Coday v Calugay - decided by a division. 811 is
a. Susceptible to forgery mandatory because of the word "SHALL"
b. Does not give the assurance that the b. Where the date is embodied in the will Sebastian: Coday cannot supersede Azaola
testator executed it freely i. Labrador v CA - the law does because the former was decided en banc
not specify a particular location
Requisites of a holographic will where the date should be
1. Entirely handwritten placed in the will. The only
812
a. All the three parts: requirements are that the date
i. Date be in the will itself and
ii. Testamentary dispositions executed in the hand of the
testator. In this case, the Signature at the end of the holographic will - To signify that
iii. Signature
placement of the date is valid it is the logical end. With this, if an additional disposition is
2. Date of a holographic will - The reliable indicator of
even if it was embodied in the found after the signature, a presumption arises that the same
testamentary capacity; presumably the true date of
testamentary dispositions "and is unauthorized
execution
this being in the month of
Compared with a notarial will
It determines two things: March, 17th day 1968"
(I) Testamentary capacity Notarial Holographic
(II) Law applicable Additional disposition Only the additional
811 without codicil makes the disposition after the
a. Incomplete date entire will void signature is void provided
Need not be a complete calendar date. that the same is entirely
GR: Reference to an event which occurred on a written, dated and signed
definite date: ONDOY, CHRISTMAS DAY 2010) IS Proving the Authenticity of a holographic will by the testator
ALLOWED
Azaola v Singson - decided en banc. The first
EXPN: ides of March, 2016, March, March 15
paragraph of 811 is not mandatory but directory.
Again, under Article 811, the resort to expert
i. Roxas v De Jesus - As a general 813
evidence is conditioned by the words "if the Court
rule, the "Date" in a
deem it necessary", which reveal that what the law
holographic will should include
deems essential is that the Court should be
the day, month and year of its
convinced of the will's authenticity. Where the Validating date - the last testamentary disposition which is
execution. However, when as in
prescribed number of witnesses is produced and both dated and signed by the testatrix validates all prior
the case at bar, there is no
the court is convinced by their testimony that the ill dispositions which are not dated
appearance of fraud, bad faith,
is genuine, it may consider it unnecessary to call for
undue influence and pressure
expert evidence. On the other hand, if no
and the authenticity of the will
competent witness is available, or none of those
is established and the only 814
produced is convincing, the Court may still, and in
issue is whether or not the date
fact it should, resort to handwriting experts. The
"FEB./61" appearing on the
duty of the Court, in fine, is to exhaust all available
holographic will a valid
lines of inquiry, for the state is as much interested Customary signature sufficient
compliance with Art 810 of the
as the proponent that the true intention of the
NCC, probate of the Unauthenticated alteration
testator be carried into effect.
holographic will should be
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Kalaw v Reolva - Ordinarily, when a number of Alejo v CA - A breach of 813 or 814 does not nullify Policy statement - undue influence by the stronger. While
erasures, corrections, and interlineations made by a will; it only voids a particular testamentary joint wills are void, and erroneous order of the probate court
the testator in a holographic Will have not been disposition admitting to probate a joint will, unless timely appealed, will
noted under his signature, x x x the Will is not attain finality
thereby invalidated as a whole, but at most only as
respects the particular words erased, corrected or De la Cerna v Rebaca-Potot
815
interlinked. However, when as in this case, the
Same; Same; Probate decree of joint will affects
holographic Will in dispute had only one substantial
only share of deceased spouse.—A final probate
provision, which was altered by substituting the 816
decree of a joint will of husband and wife affects
original heir with another, but which alteration did only the share of the deceased spouse and cannot
not carry the requisite of full authentication by the include the disposition of said joint will, in so far as
817
full signature of the testator, the effect must be the estate of the latter spouse is concerned, must
that the entire Will is voided or revoked for the be, on her death, reexamined and adjudicated de
simple reason that nothing remains in the Will after novo.
that which could remain valid. To state that the Will 815, 816 and 817 are the conflict rules pertaining to the Wills; Effects of validity of joint will as to share of
as first written should be given efficacy is to formal validity of a will wife who dies later than the husband.—Where a
disregard the seeming change of mind of the husband and wife executed a joint will and upon
Evidence required for the reprobate of wills admitted by the death of the husband said will was admitted to
testatrix. But that change of mind can neither be
foreign court probate by a final decree of the court although
given effect because she failed to authenticate it in
the manner required by law by affixing her full erroneous, and the wife dies later, it is held that
Vda. de Perez v Tolete (76714) said first decree of probate affects only the estate
signature 1. The due execution of the will in of the husband but cannot affect the estate of the
Sebastian: The decision failed to consider another accordance with the foreign laws wife, considering that a joint will is a separate will
aspect of the cancelation of Rosa's name as the 2. The testator as his domicile in the foreign of each testator; and a joint will being prohibited
instituted universal heiress of the testatrix. By country and not in the Philippines by law, the estate of the wife should pass upon her
canceling Rosa's name, the testatrix effectively 3. The will has been admitted to probate in death to her intestate heirs and not to the
revoked Rosa's institution. The revocation of an such country testamentary heir, unless some other valid will is
institution by means of the overt act of cancelation 4. The fact that the foreign tribunal is a shown to exist in favor of the latter or unless the
does not require the signature of the testatrix. probate court testamentary heir is the only heir of said wife.
Hence, with or without such signature, the 5. The laws of the foreign country on
institution of Rosa as thee universal heiress became procedure and allowance of wills
ineffective. In sum, the testatrix died without a
valid and effective will. 819
Articles 813 and 813 do not form part of the formal requisite 818
a valid will
Joint wills executed by any Filipino anywhere cannot be
Nature of joint wills - testamentary dispositions contained in allowed.
Formal validity Substantive validity a single instrument made jointly by two or more testators. Sebastian: It does not apply to foreigners because 816 and
Notarial: 804, 805, 806, 813, 814 817 permit a foreign national to observe the formalities
807, 808 EXPN: Where it is physically possible to segregate the
dispositions of each testator into separate instruments, each prescribed by his national law
Holographic: 804, 810
Probate order being complete in form, the wills cannot be considered joint.
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Subsection 4 - Witnesses to Wills Domiciliary requirement - not mandatory if probate Exception to the rule - nullified by 1027
proceedings were held in foreign jurisdiction. Additionally,
the domiciliary requirement should be deemed fulfilled if on Compulsory heir as witness - Nullification of legacies or
probate, the witness, while a non-domiciliary, is physically devises is limited to that which exceeds the legitime.
820 present in court to testify. Creditor as witness - also prohibited but not disallowed to
Disqualification due to criminal conviction - falsification, collect his claim against the estate of the testator. It is not a
perjury, false testimony: HONESTY. gift by a repayment of what the testator lawfully owes the
Application of the law - Notarial will only latter.
Credible v Competent witness - Competence may have to be Disqualification of Notary Public
Persons claiming under the witness, his spouse, descendants
proved (if challenged); Credibility is a matter addressed to the Cruz v Villasor (54 scra 31) - The notary public or ascendants
court that will hear his testimony. It is not required that the before whom the will is acknowledged cannot be
credibility of the witnesses be established before such one of the instrumental witnesses to the will "Claimant" - creditor of witness and/or members of
witness testifies his immediate family.
The creditor cannot derivatively make a claim on
Gonzales v CA - In fine, We state the rule that the the legacy or devise which is void as to the primary
instrumental witnesses in Order to be competent 822 beneficiary
must be shown to have the qualifications under
Article 820 of the Civil Code and none of the
disqualifications under Article 821 and for their
Subsequent incapacity 824
testimony to be credible, that is worthy of belief
and entitled to credence, it is not mandatory that Soundness of mind - must be possessed when a
evidence be first established on record that the witness takes the witness stand
witnesses have a good standing in the community Not required to be continuing. Reason for the rule
or that they are honest and upright or reputed to Subsequent insanity would make him unfit to take
be trustworthy and reliable, for a person is the witness stand "charge" - to hold the estate liable for the payment
presumed to be such unless the contrary is of the debts. It is not a gift.
established otherwise. In other words, the The creditor not precluded from recovering his
instrumental witnesses must be competent and claim even if he testifies for or against the probate
their testimonies must be credible before the court 823 of the will.
allows the probate of the will they have attested.
We, therefore, reject petitioner's position that it
was fatal for respondent not to have introduced Persons prohibited from obtaining benefit under a notarial
prior and independent proof of the fact that the will
witnesses were "credible witnesses that is, that
they have a good standing in the community and 1. Attesting witness
reputed to be trustworthy and reliable. 2. The spouse of the witness
3. Th parents of the witness
4. The child or children of the witness
5. Anyone claiming under such witness
821
Nature of the prohibition - The testamentary benefit is
annulled but it does not prevent him to act as witness
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Subsection 5 - Codicils and incorporation by
827
reference
Attachments to a will
825
Requisites
Adding a codicil to a holographic will is allowed but Incorporation by reference in a holographic will
unnecessary
No jurisprudence yet as to whether or not the same
applies to holographic wills
826
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Subsection 6 - Revocation of wills and 2. Revocation by the execution of another will or Signature/date cut
testementary dispositions codicil or burned.
a. Conditional revocation - suspensive iii. Testamentary capacity
condition; "the will is deemed revoked is iv. Animus revocandi/intent to
the testator should contract a valid revoke.
828 marriage" Sebastian's hyopthetical
b. Express and implied revocation scenario: What if the testator
i. EXPRESS: "revocatory clause" who destroyed the will by
1. A will is ambulatory - testamentary capacity must by a subsequent will or codicil obliterating his signature
be possessed at the time of revocation ii. Implied: Irreconcilable changed his mind and re-
2. Revocation is a personal act of the testator - inconsiency affixed the same? Is the validity
notarial wills may likewise be revoked by some c. Requisites of revocation by means of a of the will restored? No. He has
other person so long as 805 is followed subsequent will to re-execute the will
i. Testamentary capacity v. The overt act must be executed
ii. Must be definite by the testator personally or
1. Revocatory clause through some other person
829 2. irreconcilably under his express direction and
inconsistent in his presence (by merely
iii. Revoking will must be formally casting his eyes, he can see the
Conflict rule on revocation of wills valid and admitted to probate act without any obstruction)
3. Revocation by means of an overt act
Place of revocation Applicable law a. Requisites of revocation by overt act - Testate estate of Adriana
Revocation outside the Domiciliary law of the Any act which is consistent with the Maloto v CA - The will is not
Philippines by a non- testator; or law of the place notion "destruction of the will" or considered revoked first, the
domiciliary where to will was executed
otherwise consistent with the idea of there is animus revocandi, the
Revocation within the Philippine law
rendering the will useless or ineffective alleged "overt
Philippines
should produce the same effect as those act was not proven to be done
Revocation outside the Philipp law; or law of the
acts of revocation enumerated in 830; in the presence of the testator
Philippines by a domiciliary place of revocation
e.g. if the testator wrote the words "null and by his express direction
and void" across the face of the will and b. Partial revocation by means of overt act -
signs it, it is considered revoked even if only some parts of the will
the paper is not physically destroyed. c. Presumed revocation
830 i. Overt act must be consistent i. Where a will which can be
with the notion of revoking a found is shown to have been in
will the possession when last seen,
Modes of revoking a will ii. The testator must complete in the absence of other
the subjective phase of the competent evidence, the
1. Revocation by implication of law overt act. - must perform all testator cancelled or destroyed
FC 44: bad faith on the part of both spouses on a acts of execution the same
subsequent marriage 1. Even if only a small ii. The testator had ready access
FC 63: Legal separation; offending spouses portion is destructed will and it cannot be found
disqualified to inherit if such part is after his death
essential:
19 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
iii. Gago v Mamuyac - The will for Not cause/consideration contemplated in oblicon
Fr. Mamuyac canot be found but the "REASON" of revocation.
after his death. There is The reason for nullity is that the reason is vitiated
positive proof that the same by "MISTAKE"
had been cancelled. Hence, the Can only be invoked if the revocation of the prior
carbon copy of the will cannot will through the execution of another will or codicil
be admitted to probate. Copies wherein the cause of revocation is explicitly stated
of wills should e admitted by Elements:
the courts great caution. o Testator revoked a will
o He specified the cause of revocation
o It turned out the cause is false
831
Non-applicability of theory - not applicable through overt
acts
834
832
Illegitimate filiation
The revocation of a prior will takes effect even if the revoking Art 172, FC: "Ad admission of legitimate filiation in
will is inoperative. A will is inoperative if: a public document or a private handwritten
instrument"
1. Heirs designated in the revoking will cannot inherit o Notarial will: Public document
from the testator either because they predeceased o Holographic will: Private handwritten
the testator (no representation) or are instrument
incapacitated to inherit (no representation) o Admission to probate not necessary
2. or the revoking will fails to designate any Does not establish filiation:
beneficiary o Testator was insane
This provision presumes that the revoking will or codicil is o Testator's signature was procured by
valid and was duly admitted to probate force, violence, intimidation, undue
influence, fraud, mistake
o Forgery
833
False cause
20 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Subsection 7 - Republication and Revival of wills 1. The testator executed a first formally valid will
2. The testator executed a second formally valid will
whose provisions are irreconcilably consistent with
those of the first will
835 3. The second will does not expressly revoke the will,
but because of the irreconcilable inconsistency
836 between the provisions of the two wills, the second
will implicitly revoked the first
4. The testator revoked the second will
Republication
A will that is void as to form is rectified by re-executing If a will if expressly revoked by another will, the
the same revocation of the latter will does not revive the
A revoked which is valid as to form is brought back to former. (but it may be republished by another will
life through the execution of a codicil that makes or codicil which should make reference to it)
reference to the antecedent void will If a will is impliedly revoked by another will, the
revocation of the latter revives the first.
Forms of republication
1. Will is void as to form - re-executing the
will in compliance with the present law
2. Will is formally valid but revoked -
Execution of a subsequent valid codicil
that makes specific reference to the
revoked will
837
21 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Subsection 8 - Allowance and disallowance of wills a. Pastor v CA - a legacy not a debt of the 3. There are at least 3 witnesses who signed
estate for which a writ of execution may each and every page of the will
issue. 4. Each of the pages of the will is
b. Jimenez v IAC - the question of ownership correlatively numbered
838 is an extraneous matter which the 5. The will is acknowledged before a notary
probate court cannot resolve with finality public
Holographic
Nature and necessity of probate 4. Exception to the scope of inquiry 1. The entire will is in the handwriting of the
a. Nepomuceno v CA - if a will is void on its testator
Probate is a condition precedent to the passage of face, court pass upon the validity of the 2. The will is dated
property by a will will where not useful purpose will be 3. The signature appearing at the end is
served by requiring the filing of a that of the testator
Phases:
separate civil action and restricting the
court only to the issue of extrinsic vality, Probate of a lost will
1. Probate proper (RTC; Rules of Court)
a. Testamentary capacity Lost notarial will - 804-808 must be proven
Types of probate
b. Compliance with formal requisites
Lost holographic will - totally dependent on
c. The fact that the document was indeed 1. Ante-mortem probate - During the lifetime testimonial evidence. One/three/experit witnesses
the will of the testator 2. Post-mortem probate - After the death Gan v Yap - the authenticity of the testator's
d. The fact that the testator freely and 3. Reprobate of a will - reprobate of a will that has handwriting in a photocopy of a missing
voluntarily executed the same been admitted by a probate court in a foreign holographic will can be verified by a comparison
2. Partition of the estate jurisdiction. with an acceptable standard
a. Intrinsic validity
a) Secondary evidence of a lost will
b. Actual partition Matters to be proved: i. Rodelas v Aranza - photostatic
a. Due execution in accordance with copy may be used
Rodriguez v Rodriguez - Partition agreement which foreign laws b) Evidentiary rule of a machine copy of a
was executed pursuant to a will that was not b. The domicile of the testator is in the lost will - probate court not justifiedd in
probated has no effect foreign country denying probate simply because the
Heirs of Rosendo Lasam v Umengan - an c. The will has been admitted to probate in original copy of the holographic will is not
unprobated will cannot be a source of any right; the such country presented for examination
presentation of the will for probate is mandatory d. The fact that the foreign tribunal is a
and is a matter of public policy probate court
e. The laws of the foreign country on
Jurisdiction of probate court; effect of judgement 839
procedure and allowance of wills
1. Scope of inquiry (mentioned above)
Presentment of a will
a. Gallanosa v Arcangel
2. Extrinsic and intrinsic validity Grounds to disallow a will
Custodian is obligated to deliver the will to the
a. Dorotheo v CA court within 20 days from learning of the death of 1. Failure to comply with formal requisites
3. Issue of ownership - a probate court may the testator under the pain of penalty 2. Lack of testamentary capacity
provisionally pass upon questions of ownership, but Scope of inquiry in a notarial will: 3. Vitiated consent
such determination is without prejudice to the filing 1. The testator signed the end
of a separate reinvidicatory action by aggrieved 2. The testator signed in person or through Want of testamentary capacity; non-compliance with formal
party. another requirements - discussed in796 - 810
22 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Vices of consent (intelligent, free, spontaneous) a. Presumption of undue influence does
not apply when the will is drafted by a
1. Mistake - if at the time of its execution the testator lawyer
did not know that the instrument he signed is a b. Family relations of subscribing witnesses
testament that will govern the disposition of his with testator or beneficiaries do not
estate upon his death and that he consequently affect the validity of the will
signed by mistake 3. Ozaeta v Cuertero - The allegation that a testator
2. Force was unduly influenced by the person with whom he
a. irresistible temporarily lived is negated by the fact that the
b. determining cause testator did not revoke the will when he stepped
3. Intimidation - internal force out of the house of the supposed influencer -
a. must have caused the giving of consent RATIFICATION
b. the threatened act must be unjust or 4. COSO v Fernandez-Deza - The oppositor has the
unlawful burden of proving undue influence. The testator's
c. The threat must be real and serious strong affection for a particular person does not
d. the intimidation produces a reasonable prove that the latter had exerted undue influence
and well-ground fear that the intimidator on the former
has the necessary means or ability to 5. Ortega v Valmonte - The fact that the testator was
inflict the threatened injury an octogenarian and that his wife was 52 years his
4. Undue influence - moral coercion; any means junior does not establish the fact that the wife had
employed upon a person which under the defrauded the testator into signing the will; neither
circumstances he could not resist, and which does the omission of relatives from the will
controlled his volition and induced him to give his a. Conflict between dates does not
consent which otherwise he would not have given. invalidate the document because the law
5. Fraud - deception. leads one person error so he does not even require that a notarial will
would give his consent to execute an act be executed and acknowledged on the
a. Employed by a party upon a counter- same occasion
party b. Testamentary incapacity does not
b. it is serious require that a person shall actually be
c. it induced the other to give consent insane or of unsound mind
d. resulted in damage or injury to the party
defrauded
845
GR: Vacancy or repudiation does not necessarily invalidate
840
the will or make it inoperative
EXPN: In case of repudiation by a sole heir and substitution Identification of heir - disposition may be declared void if the
Inaccuracy of the definition of "heir" in this article was no provided by the testator heir cannot be specifically identified; identification by name
not necessary when described properly
Sebastian: All persons designated by the testator in
his will to succeed him in his property, rights and Validity of class institution
842
obligations shall fall within the definition of an heir.
Legatees and devisees are not heirs because they
are given specific properties, not just aliquot 846
shares. Freedom dispose property
24 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
compulsory heirs and grandchildren to whom she GR: The statement of an incidental false cause in
bequeathed the same, the testamentary disposition was in 847 the institution of an heir will not affect the validity
the nature of a partition of her estate by will. This is a valid of the institution of the heir.
partition of her estate, as contemplated and authorized in EXPN: If it appears from the will that the testator
the first paragraph of Article 1080 of the Civil Code. This right would be deemed to not to have made such
Collective institution -- SEE COMPUTATION ON PAGE
of a testator to partition his estate is subject only to the right institution had he known the falsity of the
of compulsory heirs to their legitime 337 incidental cause for the institution of the heir, the
testator would be deemed to have acted on the
The repeated use of the words "I bequeath" in the
basis of mistake of fact which under the la a vice of
testamentary dispositions acquire no legal significance, such
848 consent. Hence, the institution of the heir is void.
as to convert the same into devises to be taken solely from
Requisites to VOID an institution based ona false
the free one-half disposable portion of the estate where the
cause:
testator's intent that his testamentary dispositions were by
1. The testator must expressly state in the
way of adjudications to the beneficiaries as heirs and not as Reason for equality - Because brothers and sisters are not
will the incidental cause for the
mere devisees, is clear and that said dispositions were borne compulsory heirs, when a testator makes a provision in their
institution
out by the use of phrase "my heirs in this testament" favor without any indication of preference, they inherit in
2. The cause must be shown to be false
referring to the "devisees." equal shares.
3. It must appear on the face of the will that
The forced heirs may not legally insist on their legitime the testator would have not made such
being completed with real properties of the estate instead of institution if he had known the falsity of
being paid in cash as provided in the will. The properties are 849 the cause.
not available for the purpose where the testatrix had Austria v Reyes - testacy is preferred over intestacy.
specifically partitioned and distributed them to her heirs, and Because the testator in this case failed to specify
the heirs are called upon, as far as feasible to comply with Proscription against successive institution - Not allowed the alleged "False cause", then we cannot
and give effect to the intention of the testatrix as solemnized invalidate the will
because it permits the testator to control subsequent
in her will by implementing her manifest wish of transmitting
transmissions of property from his grave. Exception:
the real properties intact to her named beneficiaries under
the will. That the purchasing value of the Philippine peso has fideicomissary substitution. Hence, a testator cannot give an
greatly declined since the testatrix' death provides no legal inheritance to his eldest child and thereafter to the rest of his 851
basis or justification for overturning the wishes and intent of other children successively until the inheritance finally goes
the testatrix. The transmission of rights to the succession are to his youngest child
transmitted f rom the moment of death of the decedent and
accordingly, the value thereof must be reckoned as of then, Causes of partial intestacy - the 2 causes mentioned here are
as otherwise, estates would never be settled if there were to not exclusive. The ff are the causes of partial intestacy:
850
be a subsequent fluctuation in the values of the currency and
1. One heir, aliquot part
properties of the estate.
2. Several heirs, aliquot part, do not cover the entire
inheritance
The "cause" of acts of pure beneficence - the liberality of the
Sebastian: Legitime is the minimum guaranteed amount that 3. predecease of heir, legatee, devisee
grantor. It can never be false. "I love you" is not a cause.
a compulsory heir should receive from the testator, unless the 4. repudiation when right of representation or
compulsory heir is lawfully disinherited, or otherwise Institution with a false cause accretion is not applicable
declared incapacitated or disqualified to inherit from the 5. Legatees or devisees fail to or are otherwise
testator "Cause" is the incidental reason for the institution incapacitated to receive gifts
25 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Testator disposes the entire estate by will and preterition, he total omission of the
852 - sole heirs, proportionate omitted a compulsory heir surviving spouse does not
increase 2. Compulsory heir given less than the legitime b. Acain v IAC -total omission of adopted
3. Testator dissipates the estate in his lifetime child; preterition.
through a single donation or a series of donations c. SEBASTIAN - if a surviving spouse is
Application of Article 852 given to other compulsory heirs to strangers which totally omitted in the will of the deceased
results in deprivation of legitime spouse, the remedy of the survivor is not
1. All are compulsory heirs to claim preterition under Art 854 but to
2. All are voluntary heirs Requisites of preterition demand the completion of his or her
3. Combination of both legitime pursuant to Art 906 of NCC
1. The preterited compulsory heir is totally omitted
a. Received nothing from the testator by 4. The omitted compulsory heir must survive the
Incomplete distribution testator
donations inter vivos which the law
considers as an advance legitime and a. If not yet conceived nor born at the time
Illustrations - SEE COMPUTATIONS ON PP 345- of the execution of the will, there is no
therefore creditable thereto
348 b. Received nothing from the testator by preterition
will because he or she had been totally i. EXPN: Article 41. For civil
1. All voluntary heirs purposes, the foetus is
2. All compulsory heirs omitted therefrom
c. Will receive nothing by way of intestate considered born if it is alive at
3. Compulsory and voluntary heirs concurring the time it is completely
succession because the testator disposed
the entire estate by will delivered from the mother's
d. Aznar v Duncan - Whether the testator gave a womb. However, if the foetus
853 legacy to a person, whom he characterized in had an intra-uterine life of less
the testamentary provision as not related to than seven months, it is not
him, but later this person was judicially deemed born if it dies within
declared to be his acknowledged natural child,
the case is not a case of preterition but a case of twenty-four hours after its
Proportionate reduction of shares
completion of legitime. The institution in the complete delivery from the
will would not be annulled. There would be no maternal womb. (30a)
Illustrations (SEE COMPUTATION ON PAGES 349- intestacy.
352) 2. The omitted heir must be a compulsory heir Distinction between preterition and ineffective
3. The omitted compulsory heir must be an heir in the disinheritance
1. All voluntary heirs direct line - A direct line is that constituted by the
2. All compulsory heirs series of degrees among ascendants and PRETERITION INEFFECTIVE
3. Compulsory and voluntary heirs concurring descendants. The compulsory heirs in the directline DISINHERITANCE
are, with respect to the testator, his children and 854 918
other descendants and his par and other Presumed unintentional Intentional; with a cause
ascendants. The preterition of a parent or other (mistake or oversight)
854 - PRETERITION
ascendant depends on whether or notthe ommitted Annuls the institution of Annuls the institution of
heirs in its totality; triggers heirs only insofar as it may
parent ascendant inherits as a compulsory heir of
either partial or total be necessary to give the
the deceased child or descendant in the particular
Protection of legitime intestay legitime of the heir who
case QUESTION: has been ineffectively
3 ways of preterition: a. Balanay v Martinez - While the total HOW CAN IT BE PARTIAL? disinherited.
omission an adopted child results in Legitime + share in DFP Heir receives merely his or
her legitime
26 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Illustrations (SEE COMPUTATIONS ON PP 379-
383)
Effects of preterition (SEE COMPUTATION ON PP 1. Recovery from the undisposed portion of the
370-371) estate
2. Recovery from the undisposed portion of the
1. Annulment of the institution of heirs resulting in estate with reduction of legacies
total intestacy 3. Recovery from the undisposed portion of the
2. Annulment of the institution of heirs without estate with reduction of shares of compulsory and
prejudice to a legacy voluntary heir
3. Annulment of the institution with reduction of
legacies (EXCEEDED THE DFP)
855
27 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 3 - Substitution of heirs 2. Fideicommissary Unforeseen contingency
Vacancy in the inheritance (causes) Simple substitution Applicability of the conditions of the substitute - Similar to
subrogation, except:
1. Predecease A substitution couched in general terms without
2. Incapacity specifying the cause shall include all the 3 1. If the testator expressly so provided
3. Repudiation contingencies. 2. If the charges or conditions are personal to the
But if the testator specifies, then that specific cause instituted heir
Remedies: is the only ground for substitution 3. If the charges or conditions cannot be fulfilled by
the substitute
1. Substitution Illustration of simple substitution
2. Representation
3. Accretion (SEE COMPUTATION ON PAGE 387)
863 - fideicommissary
28 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Trustee holds legal Purpose of the law - reinforces 863; to prevent circumvention 1. the first usufructuary is the fiduciary and
title but not of the limitations set forth by law the second usufructuary is the
beneficial rights fideicommissary
2. The testator imposes upon the fiduciary the duty 2. First degree
to preserve the inheritance and to transmit the 3. Both the first and second usufructuaries
868 - Substitution in favor of
same in whole or in part to the second heir (the must be alive at the time of death of the
fideicommissary is an accessory to
fideicommissary) testator
the institution of the fiduciary.
a. Resolutory condition: Death of fiduciary. 4. The first usufructuary must preserve the
Upon such fideicommissary takes title to usufruct and must transmit the same to
property the second usufructuary
b. The substitution must not go beyond one If the fiduciary and fideicommissary are not related to each 5. Both must be capacitated to inherit from
degree apart from the fiduciary - blood other within the first degree of consanguinity, or if the the testator
relationship between the fiduciary and fideicommissary is incapacitated to inherit from the 6. The nullity of the institution of the
the fideicommissary (Ramirez v Ramirez) testator, or if the fideicommissary repudiates the second does not affect the first who shall
3. The fiduciary and fideicommissary must be living at inheritance, the fiduciary receives the property free and receive the usufruct free and clear of
the time of the death of the testator clear of the substitution substitution and vice versa
4. The substitution must be made in an express
manner by naming the substitution as
fideicommissary; or in the alternative, the testator 869 870 - 20 years
must explicitly impose upon the fiduciary the duty
to preserve the inheritance and to transmit the
same to the fideicommissary.
Distinction between Naked title and usufruct The perpetual prohibition to alienate the
a. Crisologo v Singson
The recipient of the naked title cannot enjoy the inheritance is void
usufruct thereof, and neither can the usufructuary
864 claim title to the property.
Unless the testator otherwise provides, upon the
demise of the holder of the naked title, the
865
property passes his own heirs
However, upon the demise of the usufructuary, the
866 - It is sufficient that the usufruct is extinguished unless a contrary intention
fideicommissary should survive the appears.
testator, even if he should The testator may provide for the consonlidationo
predecease the fiduciary. In the latter of naked title and usufruct to one of the heirs at
case, the heirs of the fideicommissary some future time.
shall acquire the property on the date
designated for the substitution, or Statutory limitation on successive usufructs
upon the demise of the fiduciary
If the testator were to grant the usfufructuary
rights to two or more persons successively, the
867 limitation imposed by 863 must be complied with.
Hence:
29 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 4 - Conditional Testementary 1. Deceased spouse
873 2. Deceased spouse's ascendants and descendants
dispositions and testementary dispositions a. Parents
with a term b. Children
Impossible conditions
Relative prohibition to marry - generally valid; resolutory
Prohibited: positive and suspensive conditon. If breached, heir shall surrender the inheritance to
871 he estate
Allowed: Negative and/or resolutory e.g. NOT
MAKE A DEAD MAN LIVE AGAIN Condition imposing marriage - valid
Conditional institution Effect of an impossible condition - deemed not imposed Testementary gifts while remaining single or state of
Compared to impossible conditions in an obligation - in obli, widowhood - valid; resolutory condition
1. Institution subject to a suspensive condition
a. If at any time it becomes indubitable that the entire obligation is nullified
the event will not happen, the condition
Time of impossibility - time of execution of will. In the event 875
is deemed not fulfilled and the
of supervening impossibility, the beneficiary of the
institution, legacy or devise becomes
conditional testamentary disposition should be disqualified
ineffective
from receiving the gift
2. Institution subject to a resolutory condition Dispocicion Captatoria - condition that the heir shall make
Requisites of conditional institution Condition to a nephew to be a priest - nephew some provision or of the testator or any other person
contracted a valid marriage: legacy should not be designated by testator is void
1. Condition must be expressly stated in the will given
a. or in any other document provided it Set foot on planet mars Reasons why it is void
complies with the formalities of a will 1. Reduces will making into a contractual act
2. Condition must be clear 2. Enables the testator to indirectly control the estate
a. If not clear or impossible, it is deemed of the heir upon whom the prohibited condition
874
not imposed. imposed
b. The nullity of the condition does not 3. Compels the heir to make a will.
necessarily include the nullity of the 4. Disposition of the estate of the testator may be
institution Condition not to marry - first marriage; nullity; deemed not
held in abeyance for an indefinite period
written
Agreements not constituting a Dispocicion Captatoria
Condition prohibiting subsequent marriage - Valid
872 Separate agreement between the testator on one
Justification for the prohibition
hand and an heir, legatee or devisee on the other,
1. Family affection to the effect that the latter will make some
Exclusion of the legitime - if the testator provided a provision 2. Tumultuous relationship provision in his will in favor of the testator or the
which imposes a condition that shall happen first before an 3. To prevent the property that once belonged to the testator's nominee
heir can receive his share in the estate, the provision MAY be deceased spouse from being enjoyed by, or worse, 1. In his will a testator unconditionally gave
valid it exceeds the legitime, because the condition is deemed from being transferred to, intentionally or X a legacy worth P100,000. In aseparate
imposed as to is share to the DFP. If it covers only the legitime, accidentally, the spouse of the second marriage agreement which is not part of the will,
it is deemed not imposed. X, in consideration of the legacy,
Who may impose the prohibition promised the testator that he (the
30 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
legatee) would make some testamentary Both must be suspensive that the negative potestative condition can no
provision in favor of the testator's son Y longer be breached.
2. A testator in his will gave X a legacy of Time of fulfillment of the condition - any time before or after The administration of the property will come to an
Php 100,000 on the condition that within death end if at some future time the heir, legatee or
the period of 6 months from the devisee is able to post a security which is approved
Compared to the fulfillment of a potestative condition - must
testator's death, the legatee shall give a by the probate court.
be immediately fulfilled after death
donation inter vivos to the testator's son
Y in an amount not less than Php 20,000
Sebastian: In both cases, the legacy to X should be
nullified. While these cases do not squarely fall into 878
the definition of disposicion captatoria, it is
undeniable that X's undertakings are meant to
circumvent the statutory prohibition. A contrary 880
Effect of a suspensive term - heir acquires ownership
rule would make a mockery of the law. immediately. It merely defers the demandability of the
inheritane
Conflict with Article 885
Effect of a resolutory term - entitles the heir to claim
876
inheritance as soon as it becomes available. Upon the Solution:
expiration of the term, the ownership of the heir over such 1. If suspensive condition, 880 applies
property likewise expires 2. If term, 885 (heirs will administer) applies
Testamentary dispositions with positive, potestative and
suspensive condition Administration of the property in cases of dispositions
subject to a negative potestative condition
Immediate compliance cannot always be 879
demanded 879 880
Will must be admitted to probate Beneficiary must provide a If unable to post security,
security that he shall not do the property subject
Negative potestative condition
Prior compliance or give that which has been matter shall be put under
Effect of a negative potestative condition - A breach thereof prohibited by the testator. administration
GR: Fulfillment during lifetime is not considered as results in the extinguishment of the title and consequently the
compliance with the condition obligation to return the same to the estate + fruits
EXPN: If fulfilled during lifetime and cannot be Application of Article 880 (three specific circumstances)
fulfilled again after death, then it is deemed The security 1. If the condition to the testamentary disposition is
sufficient both negative and potestative and the heir, legatee
a pre-requisite
or devisee is unable to post the required security
the law does not specify the type of security that
2. If the testamentary disposition is subject to a
must be given.
877 suspensive condition
May be a registered mortgage, pledge, hold-out,
3. If an heir fails to deliver the security required under
performance bond, or any other security
a modal institution
APPROVED BY THE PROBATE COURT
Testementary dispositions with causal and mixed conditions If the heir, legatee, or devisee is unable to post a
security, the property shall be put under
Casual: Upon chance administration until such time it becomes clear
Mixed: Party upon chance and party upon will
31 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Constitution of a mode (mandatory Resolutory -
881 - appointment of admins immediately
1. The object of the institution (purpose) demandable
2. The application of the property given provided he posts
3. The charge imposed on the recipient security
Governing law - rules of court
(burden; something onerous you have to
do; counter-prestation) As to imposition Responsibility Suspensive -
In sum, a modal institution is premised on a of an obligation on the part of suspended, but
882 categorical directive expressed by the testator, and the recipient. imposes no
the recipient is under a legal obligation to comply Efficacy of the obligation on the
therewith under the pain of losing the gift gift not part of the recipient
suspended
Modal institution and its effects
Modal institution imposes a specific obligation Rules of interpretation Net effect of modal institution - same effect with a
which the heir, legatee or devisee must comply negative resolutory condition
with 1. In case of doubt as to WON modal or conditional,
A suspensive condition suspends but does not MODAL The Security - mandatory.
obligate. A mode obligates but does not suspend. 2. WON mode or a mere suggestion: SUGGESTION.
Sebastian: Failure to post security:
Rabadilla v CA
Enforcement of a mode administration
Same; Same; Same; Distinction between modal
institution and conditional testamentary
disposition.—The institution of an heir in the
1. Beneficiary may be
manner prescribed in Article 882 is what is known a. Specific person or persons
in the law of succession as an institution sub modo b. Undetermined persons 883
or a modal institution. In a modal institution, the c. No particular person at all
testator states (1) the, object of the institution, the
2. Means:
purpose or application of the property left by the
testator, or the charge imposed by the testator a. Specific performance Substantial compliance with a modal institution
upon the heir. A “mode” imposes an obligation b. Retrieval of the legacy together with the
upon the heir or legatee but it does not affect the fruits and interest and/or recover the Waiver of benefit - If waived by the beneficiary, the
efficacy of his rights to the succession. On the other security heir, legatee or devisee need not comply with the
hand, in a conditional testamentary disposition, mode
the condition must happen or be fulfilled in order
Modal institution compared with conditional institution
for the heir to be entitled to succeed the testator. Prevention principle - deemed fulfilled if the heirs
The condition suspends but does not obligate; and
the mode obligates but does not suspend. To some
Modal Conditional who stand to benefit from the non-fulfillment
extent, it is similar to a resolutory condition. Effect of breach forfeiture + same deliberately or maliciously prevented the
fruits and performance of the modal
Same; Same; Same; In case of doubt, the interest
institution should be considered as modal and not As to posting of YES YES (resolutory)
conditional.—Then too, since testamentary security
dispositions are generally acts of liberality, an 884
obligation imposed upon the heir should not be As to at once, Suspensive -
considered a condition unless it clearly appears demandability of subject to the condition must
from the Will itself that such was the intention of the gift posting of happen first even if
885
the testator. In case of doubt, the institution security he is willing to post
should be considered as modal and not conditional. security
32 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Testementary dispositions with a term Order of intestate succession that would govern
the selection of interim heirs:
legal or intestate heirs are called until its
arrival. Upon arrival, the testate heirs will (1) If the testator were a legitimate child
take over. (2) If the testator were an illegitimae child
Acquisition of ownership is not Priority Intestate heirs
First LC and other
suspended. Only the demandability
legitimate
Interim heirs are required to furnish Priority Intestate heirs
descendants
sufficient security prior to entering in the First Legitimate children and
Second Legitimate parents and
possession of the property other legitimate
other legitimate
ascendants
ascendants
Disposition of property before the arrival of the Second Illegitimate children and
Third Illegitimate children
suspensive term the legitimate or
and the legitimate or
illegitimte ascendants of
Disposition of the property before the arrival of the illegitimate children of
the latter
resolutory term the latter
Third In default of those falling
Fourth Surviving spouse
within the first and second
Appointment of an heir before the arrival or at the Fifth Legitimate brothers,
priorities, the illegitimae
expiration of the period - testator cannot appoint sisters, nephews,
parents
an interim heir. If he does, it is tantamount to nieces
Fourth The surviving spouse
fideicommissary substitution. As such, the Sixth Other legitimate
Fifth Illegitimate brothers or
requisites of the latter must be complied with. collateral relatives up
sisters
to the fifth civil degree
Sixth The stated
Title to the property - During the resolutory or Seventh The state
conditional term in which the interim heirs take
over the property, they are considered as owners,
not usufructuaries.
33 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 5 - Legitime b. Surviving common law spouse: NOT a Baritua v CA - It is patently clear that the parents of
widower the deceased succeed only when the latter dies
c. Annulled/Judicial declaration of nullity: without a legitimate descendant. On the other
NOT A WIDOWER hand, the surviving spouse concurs with all classes
886 4. Legal separation: guilty spouse is disqualified to of heirs. As it has been established that Bienvenido
inherit but innocent spouse is an heir of the former was married to Alicia and that they begot a child,
5. Illegitimate children inherit from their illegitimate the private respondents are not successors-in-
Concept parent interest of Bienvenido; they are not compulsory
heirs. The petitioners therefore acted correctly in
A specified portion of the estate of a deceased Components of the estate of a deceased person - Strict settling their obligation with Alicia as the widow of
person which is reserved for the compulsory heirs legitime and free portion Bienvenido and as the natural guardian of their
as the latter's minimum share of the inheritance. lone child. This is so even if Alicia had been
The testator can dispose the entire estate including estranged from Bienvenido. Mere estrangement is
the legitime. All that 886 requires is that the 888 not a legal ground for the disqualification of a
compulsory heirs shall be given their legitime at surviving spouse as an heir of the deceased spouse.
least
The disposable free portion - may be disposed by will
Rosales v Rosales - A surviving spouse is an intestate heir of
his or her parent-in-law. Neither is a widow (surviving spouse)
887 a compulsory heir of her parent-in-law in accordance with Art
887 of the code 889
34 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Predeceased property received by such widow or 2. The prepositus in turn acquired reservable
2. Incapacitated widower by gratuitous title from the property by gratuitous title from another
3. Repudiated deceased spouse, or any relative of the legitimate ascendant, brother or sister (the origin)
4. Disinherited deceased spouse, or from any children of a. Donation inter vivos, donation propter
the first marriage. The evident purpose of nuptias, or by hereditary succession,
No right of accretion - Applies only to DFP, NEVER to Legitime. this reserva is to prevent the transfer of WHETHER TESTATE OR INTESTATE
Hence, if one is unable to succeed, the legitime is consolidated wealth to the second family, should the b. Support must be distinguished from gift
to one parent widow or widower contract a subsequent c. Gratuitous even if the payment is
Succession per stripes marriage, or should he or she beget a incidental
natural child d. What is material is that the payment was
Whenever legitimate ascendants of the same 2. Reserva adoptiva under the old rules - any property not an obligation imposed on the
degree inherit, the legitime is divided equally gratuitously received by an adopted child from his preposis by the origin, but rather a
between maternal and paternal lines. The legitime or her adopting parents is reserved for the payment assumed by the prepositus in
pertaining to each line is subject to consolidation if legitimate relatives of the adopters. This reserva order to liquid the estate of the origin
either ascendant of such line is unable to inherit for prevents the transfer of wealth which originated 3. The reservor is required by law to reserve the
any reason from the adopting parents to the patrimony of the property
Rule of proximity shall be observed biological relatives of the adopted child 4. The beneficiaries of the reserva are the legitimate
3. Reserve troncal under the NCC relatives of the prepositus within the third degree
4. Reserva adoptiva under PD 603 - reserva is of consanguinity coming from the line of origin
extinguished if the adopted child alienated the (reservees)
891
property gratuitously acquired from the adopter
a. REPEALED BY SC Reservable
Legitimate property
Evolution of reserva Objective of reserve troncal ascendant Reservor
Amendment under FC
893 The right of descendants of illegitimate children under 902
Surviving spouse concurring with illegitimate children
Scope of right of descendents of illegitimate children under
Article 902 - legitime only
Legitimate parents or ascendant concurring with the
surviving spouse
(SEE COMPUTATION ON PAGE 579-580)
898
Discrimination effect of article 992
894 899
903
Illegitimate children concurring with the surviving spouse Legitimate parents or ascendants concurring with
illegitimate children and spouse
(TABLE OF LEGITIME PAGE 581)
895
40 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Relevance of collation - relevant only if there are compulsory
904 906 heirs. If there are none, computation of Theoretical Heredity
Estate is irrelevant
907 Collation as a notional accounting process
Protection of the legitime
Deprivation of legitime - Disinheritance is the only way Illustrative example - page 593-594
Impairment of the legitime (SEE COMPUTATION ON
Burden on the legitime - Power to give donations; limitations
586-588)
GR: Testor cannot impose any burden on legitime Vda. de Tupas BR XLIII RTC of Negros - Donaion to
Direct impairment Tupas, INC was inofficious because such donation
EXCEPTION: prohibition for partition for a period
Indirect impairment deprived the surviving spouse her legitime
not exceeding 20 years
EXPN TO EXPN (partition may occur
notwithstanding): Summary of rules relating to the legitime (PAGE 589-
o Any cause of dissolution of partnership 591)
o Court finds a compelling reason to order
a partition on petition of an heir
Statutory burdens:
o Reserva 908
o Family home - shall continue despite the
death of one or both of the spouses for a
period of 10 years or for so long as there Determination of the legitime
is a minor beneficiary, unless the court
finds a compelling reason to order its 1. Total value of properties
partition 2. Net hereditaty Estate: Reduce debts and "charges"
(legacies and devises) - what will be distributed to
the heirs
3. Theoretical hereditary estate: Add the value of all
905
collationable donations - basis for calculating the
legitime
Transactions involving future inheritance - void Valuation of properties forming part of the estate - FMV at
the time of death
Uson v Del Rosario et al - an illegal compromise
involving legitime will not create estoppel BIR zonal value (real estate)
Closing price (shares of stock)
Renouncer not estopped or valuation of an independent property valuer
Impact on donation inter vivos - donations of present Estate tax - 0-20% of the hereditary estate
property are not included in the broad prohibition on
contracts involving future inheritance Valuation of collationable donations - FMV at the time of
donation
41 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Estates without Disposable Free Portion - all donations, Imputation of Donations to illegitimate children - same
regardless of value made by decedent in his or her lifetime procedure as above
would be inofficious
Effects of Collation
911
1. (Equalization of shares of Compulsoy heirs): Charge
to legitime, EXCEPT when declare
UNCOLLATIONABLE. If so, charge to DFP
Information necessary to Order of reduction or abatement of donations and
2. Stranger: Charge to DFP
determine an impairment of legitime testamentary dispositions
Mateo v Lagua - donation propter nuptias may be (SEE COMPUTATION ON PAGES 606-607) 1. Relevant only when:
reduced; there must be proof that the value of the
a. Testator is survived by compulsory heirs
donated property exceeds that of the Disposable Collation of donations to compulsory heirs
b. if donations inter vivos given by the
Free portion + the donee's share as legitime in the
Collation of donation to strangers testator in his lifetime and/or the
properties of the donor
legacies and devises provided in his will
Jurisdiction of the Court - an action for reconveyance must be The insolvent estate - creditors will divide among themselves cannot be accommodated after payment
distinguished from a proceeding for the settlement of estate the residual estate. of legitime of compulsory heirs
of a deceased person such that a ct of general jurisdiction has 2. Order:
If the decedent made donations BEFORE the unpaid
no authority to entertain issues pertaining to the impairment a. Calculate the THE
debts, creditors cannot assail. However, if creditors
of the legitime of compulsory heirs b. Pay the legitimes and charge the
can prove that the donor's intention was to defraud
collationable donations to the
Natcher v CA them, then the same is possible to be assailed.
compulsory heirs
o Probate court may not decide a question If donations were made AFTER the unpaid debts, c. Donations shall be reduced or abated
of title if the interested parties are all then it is presumed to be made in fraud of creditors (Last in first out; recent to older) if
heirs and may be assailed by a rescissory action legitime is impared (legitime greater
o What is an advance of legitime? Both shall be exercised within 4 years than NHE)
donation. If the donee is a compulsory Heirs may bring the property to collation for the d. If there is a balance in DFP, then use it to
heir, the donation shall be reduced to his purpose of determining their legitime pay the preferred legacies and devises
or her legitime
o RTC acting in its general jurisdiction is
(see page 609-610) e. If there is still balance, pay ordinary
legacies and devises
devoid of authority to render an
adjudication and resolve the issue of Illustration (See computation on pp 613-616)
advancement of real property to heirs 909
o Sebastian: Advance legitime is Order of preference in intestate succession - Art 950
recognized by law in only two instances:
1. Valid donation to a compulsory
heir other than donation to a Imputation of Donations (see page 610-612) 912
spouse
2. payment of presumptive
legitime 913
910
42 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Reduction of partly inoffcious devises; general rule public auction and from the proceeds, or her parents can only be determined
the aggrieved compulsory heir(s) shall be when the succession to the parents opens
GR: reduction should take the form of physical entitled to the completion of the o The child will indeed accept the
partition legitime, and the balance shall be paid to inheritance of the parents. Note that the
EXPN: when it is impractical or it cannot be the devisee acceptance of repudiation of an
"conveniently divided" inheritance is an act which is purely
voluntary and free
Special rule where partition of the property is impractical
o The parents will not have a ground to
914 - testator may dispose DFP at will
1. If the reduction of the devise does not absorb one disinherit the child an in fact will not do
half of the value thereof, the devisee may retain so. As disinherited compulsory heir is
the property, but, as regards that portion of the deprived not only of the legitime, but of
devise which is inofficious, he shall reimburse the Misleading because it is not absolute: all successional rights.
aggrieved compulsory heirs in cash 1. Testator cannot delegate the exercise of
2. If the reduction of the devise is exactly one half, or Base case (see pp 622-630)
testamentary discretion to a third person
more than one half of the value thereof, the 2. Testator cannot dispose his estate in favor of
aggrieved compulsory heirs shall be entitled to Legal problems resulting from the payment of presumptive
disqualified persons e.g. no capacity to succeed
retain the property but he/they shall reimburse the legitime
3. If a testator should devise or bequeath the free
devisee in cash for the value of the property that portion subject to a fideicommissary substitution, 1. The problem of adjustment
the devisee is entitled to retain he must comply with the limitations provided in Art 2. Base case
863. The testator may not issue secret instructions 3. Legal problems resulting from the payment of
Illustrations (page 618-619) in relation to the application of any property presumptive legitime
forming part of his estate
Devisee is also a compulsory heir (619) 4. A testator cannot declare his estate or any part Conclusion - The concept of presumptive legitime is fine in
thereof inalienable for a period in excess of 20 theory. It is a solution that seeks to address the risk that
Lack of interest to acquire the property years children of a judicially dissolved marriage might be neglected.
5. A testator cannot subject a testamentary However, one cannot ignore the unintentional injustice that
1. If the aggrieved heir(s) who is/are entitled to may be caused to the children of the subsequent marriage if
disposition to an impossible condition prohibiting a
exercise the right to retain the property choose(s) it should eventually turn out that the presumptive legitime
first or subsequent marriage
NOT to exercise the right, the devisee, who under paid to the children of the first marriage exceed which they
6. A testator is prohibited from making a dispocicion
912 did NOT have such right, MAY exercise the are entitled to receive and they are unable to reimburse
captatoria
same provided he reimburses the aggrieved estate of the deceased parent for such excess
7. A testamentary disposition in favor of a common-
compulsory heir(s) whose legitime was impaired
law spouse is void
may exercise such right
2. If neither one is interested to acquire the property, The presumptive legitime
then any other heir or devisee may exercise the
right. This essentially means that such other heir or Delivered in legal separation, declaration of nullity
devisee shall pay the value of the property or annulment
a. To the compulsory heirs, to the extent of Cash, property, or sound securities
the imapirment of the legitime The law assumes that:
b. the balance to the devisee o The child will survive his or her parents
c. In the event no one is interested to o Upon the death of the parents, the child
exercise the right to acquire the will be capacitated to inherit from them.
property, the same shall be sold at a The capacity of a child to inherit from his
43 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 6 - Disinheritance Summary Extent of recovery - legitime only. Heir will not get his DFP
share.
1. Testamentary succession
2. Compulsory heirs
915 a. any testamentary disposition in favor of
a voluntary heir may be revoked by the
testator at any time prior to his death
919
with or without cause (provided testator
Concept of disinheritance - legitime cannot be deprived
has testamentary capacity), and such
except through this testamentary act
revocation cannot be construed as a form
Total exclusion from the inheritance - Strict Legitime + DFP of disinheritance Who may be disinherited - Children and descendants,
3. Automatic revocation of testamentary dispositions legitimate and illegitimate
in prior wills
Attempt on the life of the testator
4. Bars intestate succession as well
916
1. The victim
Burden of proof
a. Such as, but not limited to:
917 GR: other heirs i. testator's brother or sister
whether full blood or half
EXPN: no proof if there is admission blood
Requisites of a valid disinheritance ii. his or her nephews and nieces,
whether full blood or half
1. The disinherited heir must be a compulsory heir 918 blood
2. The disinherited heir must be identified with iii. his or her grandparents and
certainty other descendants if the latter
a. GR: By name are ascendants of the
b. EXPN: description, provided there is no Three types of void disinheritance disinheriting parent, or
doubt as to the identity of the 1. No specification of cause iv. His or her biological parent or
disinherited heir 2. Contradicted cause not proved stepparent
3. The disinheritance must be for a cause specified by 3. Cause not provided by law b. Legitimacy of relationship between
law - those enumerated are exclusive victim and testator, testator and
4. The disinheritance must be made in a valid will Effects of void disinheritance disinherited heir, and the disinherited
a. or codicil provided there is an heir and the victim, are irrelevant,
unmistakable connection betwen the 1. The disinheritance is ineffective provided that if the attempt is made on
antecedent will and the subsequent 2. The institution of heirs is annulled the spouse of the testator, it is necessary
codicil a. GR: Partial annulment (if legitime of that there was a lawful marriage
b. Formally valid will must be admitted to disinherited heir can be recovered) between them
probate b. EXPN: Total annulment (if there are no 2. Stage of commission of the crime - all stages
5. The disinheritance must be express sufficient assets to pay his or her 3. Intent to kill - criminal intent; criminal negligence
6. The disinheritance must be for a true and certain legitime) not included
cause - must exist at the time of writing 3. Legacies and devises may be reduced - only if after 4. Necessity of final conviction
7. The disinheritance must be total - heir must get the annulment of the institution of heirs, there are a. Acquittal renders the disinheritance
absolutely nothing insufficient assets to satisfy the legitime of the ineffective
disinherited compulsory heir. (pp 638-639)
44 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
b. Executive clemency will not because a a. Concubinage: 3. The refusal to give support to the ascendant was
presidential pardon does not negate the i. MAN who unjustifie
fact that a crime was committed 1. keeps a mistress in
5. Degree of participation in the crime the conjugal dwelling Maltreatment of the testator
a. GR: Immaterial 2. shall have sexual 1. How committed
b. EXPN: Art 20 in relation to Art 19 of RPC: intercourse with a a. Word
spouse, ascendants, descendants, woman not his wife b. deed (no intent to kill)
legitimate, illegitimate and adopted under scandalous 2. Examples:
brothers and sisters, or relatives by circumstances a. Intoxicated son maltreated mother: not a
affinity within the same degrees, cannot 3. who cohabits with a ground
be punished as accessories except when woman not his wife b. Son deliberately consumed alcohol to
then profited themselves or assisted the in any other place maltreat his mother: a ground
offender to profit by the effects of the ii. Hence, a son cannot be
crime disinherited if he was caught Leading a disgraceful life - The socially unacceptable conduct
having sex with his step mom must be continuing. A single or isolated act, no matter how
False accusation iii. But the daughter caught disgraceful or reprehensible, is not sufficient to justify the
1. The accusation fucking her step dad may be disinheritance of a child or descendant
a. Acts contemplated: disinherited
Civil interdiction - deprivation of an offender during the time
i. Giving oral testimony during of his sentence of the rights of parental authority or
trial against the testator 2. The disinherited offender - the unworthy child or
descendant who is convicted of adultery or guardianship, either as to the person or property of the ward,
ii. Withholding of evidence of marital authority, of the right to manage his property.
favorable to testator concubinage with the wife of the testator. Not the
guilty spouse. Testator may disinherit the guilty Accessory penalty upon convicted felons sentenced to suffer
iii. Refusal without just cause to the penalty of reclusion temporal
give truthful testimony spouse under 921 (4) [giving cause for legal
b. Not contemplated: separation] The effectivity of the disinheritance is deferred until
i. filing of a complaint-affidavit Fraud of coercion - to make a will or change one already such time as the child is convicted by final judgment
against testator before the made whereupon the accessory penalty of civil
prosecutor for preliminary interdiction is imposed
investigation 1. Definition of the vices of consent
ii. Dismissal of the charge at the a. Violence and intimidation
preliminary investigation stage b. Undue influence
920 - disinheritance of parents
2. The crime - six years imprisonment or more c. Fraud
3. A definitive acquittal - there must be a judicial 2. Nullity of the will executed with vice of consent
declaration that the accusation was baseless 3. The unworthy heir
a. Not contemplated: 4. Necessity of executing a new will or codicil Common causes for disinheritance
i. Insufficiency of evidence
Refusal to give support 1. (par 2) Attempt on the life
ii. Reasonable doubt
2. (par 3) False accusation
iii. Failure to prosecute 1. The ascendant at some time in the past was in need 3. (par 4) Adultery and concubinage
iv. Prescription of support 4. (par 5) Fraud and coercion in making, amending or
Adultery of concubinage 2. The descendant who then was requested to revoking a will
provide it refused to give support
1. Necessity of criminal conviction
45 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Abandonment of children - total neglect of parental of the incapacitated testator. The law does not apply to a case where
obligation towards the children. parent the plotter and the intended victim are the
biological parents of the testator. The law does not
Not necessarily criminal abandonment 2. Suspension of parental authority under Art 230 - apply to a case where the plotter and the intended
Giving up infant to another person parental authority suspended upon conviction of a victim are the adopting parents of the testator
However, when a parent voluntarily gives consent crime which carries the penalty of civil interdiction because the adopting parents are not compulsory
to the adoption of his or her child, the parent is not 3. Suspension or deprivation of parental authority heirs of the adopted child, and for which reason the
guilty of abandonment under Art 231 child cannot disinherit the offending adopting
a. Excessive harshness or cruelty parent. Hence, the intended victim must be a
Inducing the child to live a corrupt or immoral life
b. Corrupting orders, counsel or example relative of the child.
Whether son or daughter c. compelling to beg
Courts will determine what is immoral d. Subjecting the child or allows him to be 3. Effect of reconciliation of parents - The child
subjected to acts of lasciviousness loses the right to disinherit the plotteif the plotter
Attempt on virtue 4. Permanent deprivation of parental authority under and the intended victim reconciled. The mere living
Art 232 - subjecting or allowing the child to be together under one roof, without evidence of the
Attempted rape, seduction, acts of lasciviousness, subjected to sexual abuse restoration of mutual feelings between the
child abuse, etc 5. Observations on loss of parental authority spouses, cannot constitute reconciliation between
Prosecution or conviction not needed. What is a. Disinheritance of a parent justified them
important is that the offending parent or ONLY when the loss of parental
ascendant performed such acts with inappropriate authority is for a culpable act or 4. Paragraphs 2 and 8 compared - conflicting
sexual undertones. omission of the erring parent, to wit:
i. Suspension under 231
Loss of parental authority
ii. Deprivation of parental
921 - disinheriting a spouse
1. Termination of parental authority under Art 229 authority under 232
Cause of termination Restoration of iii. Termination of parental
of parental authority parental authority authority under 229, to wit:
Adoption of the child Rescission of an 1. Abandonment Common causes for disinheritance
adoption under 192 of 2. Final judgment
the FC, provided the 1. (par 1) Attempt on the life
divesting parental
child has not been 2. (par 2) False accusation
authority
emancipated at the 3. (par 3) Fraud or coercion in making,
6. Recovery of parental authority - the recovery or
time of rescission amending or revoking a will
restoration of parental authority cannot obliterate
Appointment of a Termination of 4. (par 5) loss of parental authority
the sins of the past. It should have no effect on the
general guardian guardianship 5. (par 6) refusal to give support
right of the child to disinherit an unworthy parent
Judicial declaration of Judicial restoration of
abandonment of child parental authority Giving cause for legal separation - decree not
upon the return of the necessary
parent who Attempt of a parent on the life of the Other
abandoned the child 1. Conviction by final judgment - prior conviction 1. Repeated physical violence or grossly
Judicial declaration of Judicial restoration of not necessary. In any event, the offending parent abusive conduct directed against the
absence or incapacity parental authority to must have intended to kill the other parent petitioner, a common child, or a child of
of the parent the returning petitioner
exercising parental absentee parent; 2. Relationship with testator - the plotter and the 2. Physical violence or moral pressure to
authority regaining of capacity intended victim are the biological parents of the compel the petitioner, a common child,
46 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
or a child of petitioner, to engage in immoral life, or attempting against their
prostitution, or connivance in such virtue
corruption or inducement 3. Falsely accusing the testator of a crime
3. Attempt of respondent to corrupt or which the law imposes penalty of
induce the petitioner, a common child, or imprisonment for six years or more
a child of the petitioner, to engage in 4. Conviction of adultery or concubinage
prostitution, or connivance in such with the spouse of the testator
corruption or inducement 5. Use of fraud, violence, intimidationor
4. Final judgment sentencing the undue influence in causing the testator
respondent to imprisonment of more to make a will or change one already
than six years, even if pardoned made
5. Drug addiction or habitual alcoholism of
the respondent Obliterating the effects of disinheritance and unworthiness
6. Lesbianism or homosexuality of The conflict
respondent
7. Contracting by the respondent of Disinheritance (922) Unworthiness [1023]
subsequent bigamous marriage, whether (capacity of succeed)
in the Philippines or abroad Reconciliation renders Implied or express
8. Sexual infidelity or perversion disinheritance condonation needed
9. Attempt by the respondent against the ineffective
life of the petitioner Presumption of No presumption of
10. Abandonment of petitioner by reconciliation condonation
respondent without justifiable cause for Heir must present
evidence
more than one year
922
923
47 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 7 - Legacies and Devises makes the heir/s in possession liable should cause damage. Implicit order to acquire - the following must be satisfied in
Force majeure immaterial order to compel the heir, legatee, or devisee to acquire third
party interest:
48 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Limitations on obligation to acquire - if property cannot be legatee or devisee burdened Release of pledge of mortgage - not exclusive. It includes all
acquired, party charged with obligation to acquire can tender with the satisfaction of the forms of security arrangements (e.g. antichresis)
the FMV of the thing to the devisee or legatee legacy or devise.
3. 957 (2): If at the time of the execution of GR: the executor or administrator must pay the underlying
the will the thing belonged to the debt
testator, and the latter in his lifetime sold EXPN: When testator provides otherwise.
932
the thing to the legatee or devisee, the
legacy or device should be considered Requisites:
933 revoked under this article. By selling the
property to the legatee or devisee, it is 1. Must be a demandable debt (capable of specific
evident that the intention of the testator performance)
to give the thing as a gift to the legatee 2. Secured by testator as third party pledgor or
Things owned by legatee or devisee - premised on testator's mortgagor or as an accommodation pledgor or
ignorance of the same's ownership. Reckoning date: date of or devisee has been superseded by his
intention to monetize the same mortgagor
execution of the will
4. If at the time of the execution of the will If not a recoverable debt, not charged to estate but to legatee
Acquisition of beneficiary subsequent to execution of the will the thing belonged to the testator, and or devisee
the latter in his lifetime conveyed the
It depends on the circumstances surrounding the thing to the legatee or devisee
acquisition: gratuitously, the legacy of device shall be
1. 930: If at the time of the execution of the considered satisfied. The testator is 935
will, the thing belonged to a third person, deemed to have decided to give the gift
and the testator erroneously believed he to the legatee or devise not after his 936
owned the thing, the legacy or devise is death, but in his lifetime. With the
void under 930. The subsequent satisfaction of the legacy or devise, the
acquisition of ownership of the legatee legatee or devisee should have no
or the devisee will not validate the further claim against the estate of the General rule on legacies of credit and remission
disposition testator
2. 933: If at the time of the execution of the GR: ONLY those existing at the time of DEATH o
5. 957 (2): If at the time of the execution of
will the thing belonged to a third person, testator
the will the thing belonged to the
and the testator expressly ordered its EXPN: 793 - when it should expressly appear in the
testator, and the latter in his lifetime sold
acquisition so that the thing may be will that the testator has an intention to include
the thing to a third person, the legacy or
given to the legatee or devisee, the future receivables
devise is revoked. The legatee or devisee
subsequent acquisition of the said shall have no claim against the estate of
property by the legatee or devisee by Legacy of credit - testator gives to a legatee a claim
the testator
onerous title would make the fulfillment or receivable that the testator has against a third-
of the legacy or devise impossible. Instruction to acquire third party interest or to discharge party debtor
However, given the intention encumbrance - when the property is burdened and the Legacy of remission - testator condones a
of the testator to give the testator orders the same to be freed from such. receivable which he has against the debtor who is
things as a gift to the legatee or also the legatee
devisee, the latter is entitled to
Legacy of credit
the reimbursement of the 934
acquisition price either from Generic - "all outstanding receivables"
the estate or from the heir,
49 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Limited generic - "all outstanding receivables o Certified copy of the will together with a a. Unless the legacy that will be applied in
arising out of _________" certified copy of the order admitting the whole or in part to the payment of a
Specific - I give to ___ as a legacy all my monthly will to probate and a certificate of finality monetary claim of the legatee against
rent due on my business at ____" of such order the testator is a cash gift, the legacy may
o Certified copy of project of partition be viewed as an OFFER of the testator to
How effected - deed of assignment together with a certified copy of the order settle the legatee's claim by way of
approving the same Dacion en pago
Legacy of credit does not result in novation OR subrogation
o the document evidencing the condoned b. Creditor has option WON to accept the
Accessories to the credit - accessory obligations follow the debt duly stamped "condoned" application of property
principal obligation (credit) o The document evidencing the condoned i. If he accepts, and the value of
debt which is in the possession of the the legacy or device exceeds
Extinguishment of legacy of credit debtor-legatee his credit then his claim is
extinguished, and the excess is
GR: Bringing an action to collect the debt Release of security - the accessory follows the principal the net gift
extinguishes the legacy
ii. If he rejects, and the gift has
EXPN: If the testator initiated the court action to Extinguishment of legacy of remission - when the testator
should bring an action against the legatee for the payment of more value than his credit,
stop the running of the prescriptive period. In order
the debt, even if payment is not obtained during the testator's then he has no right to collect
to prevent the implicit revocation of the legacy, the
lifetime the excess
testator may execute a codicil in order to explain
2. Proof of the legatee's claim - competent evidence
the reason for bringing an action against the
3. Issue of characterization - Credit (preferred) or
debtor, and to make explicit his intention to
legacy (after payment of legitime)?
preserve the legacy notwithstanding. 938 a. Sebastian:
i. To the extent that the legacy is
equal to the legatee's claim,
937 Creditor as legatee or devisee - testator is deemed to have consider the testamentary
intended to give an economic benefit to the creditor, on top disposition as an instruction of
of and in addition to the recovery of the creditor's claim the testator to pay the debt
Legacy of remission - condonation of debt against the testator ii. To the extent of the excess of
the legacy over the legatee's
Distinguished from legacy of credit - Application to the claim claim, consider the excess as
pure legacy
Credit Remission GR: If the value of the gift to the legatee or devisee
iii. Hence, such excess shall be
Person other than the Debtor himself is equal to the testator's debt, and the gift is to be
reduced or abated if it impairs
debtor applied to such debt, there is no legacy or devise to
the legitime; it shall be abated
Intention is to assign the Intention is to extinguish speak of
if the estate is insolvent
credit the claim EXPN: If the value of the gift is less than the
testator's debt to the legatee, the excess of the debt
shall be collectible by the legatee as a creditor of
Scope of remission - all debts owed by the debtor to the 939
the estate
testator at the time of execution of the will
Legal issues
How effected - embodies in the will
1. Relevance of dacion Erroneous order of payment - deemed not written. Intent to
other documents which have the same effect: pay a debt is not compatible to donative intentc
50 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Excessive payment a. Force majuere: delivery of the remaining
choice/s 944
GR: Error on the part of testator: Void b. Fault: Damges + anything left OR the
EXPN: The testator's sincere desire to give the price of the one lost
creditor the excess over the correct amount owed. c. ALL ARE LOST: Damages + rice of any one Legacy for education
o Two-part payment: lost
1. After payment of estate tax but GR: Legacy subsists until he finishes his
before the distribution of the Exercise of the right of choice professional, vocational or general studies
hereditary estate EXPN: If testator imposes time limit
2. After legitime (sourced from can be exercised only after the DEATH of the
testator EXPN to EXPN: "diligently" - heirs may petition the
DFP) court for termination to prove that diligence is
If choice was granted to legatee or devisee, and he
Instruction to pay is unnecessary - it may be used as a prima dies before making the choice, the same shall pass wanting
facie evidence of the existence of the debt to his heirs Legacy for support - premised bilaterally on the needs of the
If the legatee or devisee predeceased the testator, recipient and the needs of the giver. Sourced from DFP
Natural obligations NEITHER THE LEGACY (OR DEVISE) NOR THE RIGHT
OF CHOICE SHALL PASS TO HIS HEIRS GR: No time limit (entire lifetime of legatee)
EXPN: If testator so declared
940 Irrevocability of choice
51 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Pure and simple legacies and devises - the
945 acquisition of rights thereto accrues from the 949
moment of the death of the testator.
2. Legacies and Devises of specific movable and
Legacy of pension - debts and taxes shall be paid first immovable property - same Rights to fruits and interests of generic things
3. Legacies and devises of generic movable or
If he testator imposed upon heir, legatee or devisee immovable property - accrues when the person GR: The right of the legatee or devisee to the fruits
the obligation to pay the periodic allowance of a bestowed upon the right select makes such and interests of generic legacy or indeterminate
third party recipient: selection devise accrues only after the selection has been
o Heir, legatee or devisee who is burdened a. Generic immovable: its validity depends made by the person burdened
must have first received his share or on the availability of such immovable EXPN: If the testator so ordered, fruits and interest
participation in the estate property in the estate can automatically pertain to the legatee without
o Cannot exceed the value of his share 4. Alternative legacies and devises - from the moment waiting for the selection
o If compulsory heir: the allowance shall in the right of choice was exercised EXPN to EXPN: Even if the testator so ordered, the
no case exceed the value of his share in 5. Legacies and devises whose objects are, with the fruits and interest will first be applied to the debts
the DFP. Otherwise, it will impair his knowledge of the testator, owned by a third person and taxes due the testator
legitime - from the time the person burdened with such
In every case the will must be admitted to probate legacies or devises acquires the relevant objects
from the third party owner
6. Legacies and devises subject to a suspensive
condition or term - from the arrival of such 950
946
52 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
2. Preferential legacies and devises - no reason GR: The very thing devised must be given 3. Forced heir has two capacities: Compulsory and
needed. He can just label it as "preferential" EXPN: If the one burdened makes an agreement voluntary. Hence, he may:
3. Legacies for support - includes transporation with the beneficiary a. Accept or repudiate both
4. Legacies for education EXPN TO EXPN: b. Accept one or repudiate the other
5. Legacies ad devises of specific things - must be part 1. May be objected by any heir
of the estate of the testator 2. Must be approved by the probate court Illustration (PAGE 707-708)
Payment of legacies and devsises - order is strictly observed Delivery expenses - on account of the person charged
956
951 953
53 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Loss of the things bequeathed - specific things. of his exercise of
Subject to the rules on fortuitous events right to repurchase
2. Transformation of the thing bequeathed
a. Form - physical appearance Divisibility of the gift - the part alienated is implicitly revoked.
b. Denomination - name e.g. conversion The remainder is valid
from agricultural to indusrial
i. EXPN: Renovation of
residential house is valid 958
because there is no change in
form and denomination. The
959
object of the devise is still a
residential unit, albeit much
improved
3. Alienation of the object of the bequest - implied A misplaced provision
revocation. Even if the alienation is void.
Subsequent reacquisition will not reinstate the
legacy or devise.
EXPN: if involuntary e.g. writ of execution of
condemnation proceedings
a. Nullity of the alienation - broadest sense;
includes voidable alienations which have
been annulled by the courts. The critical
factor is the INTENT TO ALIENATE
i. However, if the consent of the
testator was vitiated to
alienate the property, then the
devise may be reinstated
b. Conditional alienation
i. Suspensive condition - will not
result in revocation until its
fulfillment
ii. Suspensive term - same
iii. Resolutory condition -
immediately revoked.
Happening of condition does
not reinstate
iv. Resolutory term - same
1. EXPN: legacy may be
reinstated if the
reacquisition of
ownership by the
testator is y reason
54 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
5. Samaniego-Celada v Abena - Error in the 8. Other causes of intestacy - 960 is not exclusive
CHAPTER 3 - LEGAL OR attestation clause as to number of pages is not
material as to invalidate the will
a. Resolutory term/condition
b. illegality of testamentary disposition
973
Capacity to succeed
974
975
976
977
57 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 2 - Order of intestate succession 2ND Illegitimate children relatives
The principle of concurrence - legit children do not exclude and their descendants, within the
whether legitimate or fifth degree,
the surviving spouse and illegit children. Brothers and sisters
illegitimate for which
do not exclude the surviving spouse
3RD In default, the reason they
legitimate parents exclude
Problem in case of partial intestacy - ( pp 768 - 770) 4TH Surviving spouse legitimate
5TH Illegitimate brothers, uncles and
Order of intestate succession sisters nephews and aunts
nieces
1. Order of intestate succession to a legitimate 6TH the State
decedent Subsection 1 - Direct descending line
3. Differences between the succession to a legitimate
1ST Legitimate Children
and their legitimate and an illegitimate decedent
descendants, with Legitimate Illegitimate 978
respect to their Legitimate parents and illegitimate parents
legitimate parents and other legitimate are excluded by any
other legitimate ascendants are descendant, 979
ascendants excluded only by whether legitimate,
2ND In default, legitimate legitimate children and adopted, or
parents and other legitimate descendants, illegitimate
as well as by an adopted Legitimate descendants - legitimate children
legitimate ascendants
child exclude the parents and other descendants, the collateral
with respect to their
Legitimate parents and illegitimate children relartives, and the state
legitimate children
3RD illegitimate children other legitimate and their
The adopted child - deemed LC
and their descendants, ascendants enjoy a descendants enjoy a
whether legitimate or preference over preference over
illegitimate illegitimate children and illegitimate parents
4TH Surviving spouse their descendants 980
5TH Legitimate brothers, Succession in the Succession in the
sisters, nephews and ascending line includes ascending line is
nieces legitimate parents and limited to the
other legitimate illegitimate parents Intestate share of children - own right, equal shares
6TH Other legitimate
collateral relatives up ascendants only. Other
to the 5th degree illegitimate
7TH The State ascendants are
981
excluded
Legitimate brothers, In the collateral line,
2. Order of intestate succession to an illegitimate
sisters, succession is limited 982
decedent
nephews and to illegitimate
1ST Legitimate children and nieces enjoy a brothers, sisters,
other legitimate preference nephews and
descendants, with over all other nieces. No other Children concurring with grandchildren - extends
respect to their legitimate collateral relative is up to great grand children (third degree)
legitimate parents collateral called to succession
58 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Combination of intestate Intestate shares Note:
983 heirs
1 LC Entire estate Adopting parents are not compulsory heirs
Two or more LC Equal division No legitime, no preterition as to them
Concurrence of legitimate and illegitimate children
1 LC and spouse ½; ½ Source of inheritance is the DFP
Two or more LC and spouse Equal division If the adopted child were an illegitimate child of
Legitimate parents Equal division
(Page 775) his biological parents, only the illegitimate
Legitimate paternal and per stripes brothers, sisters, nephew and nieces of the
test of sufficiency of the estate (adopted always considered maternal ascendants adopted child may inherit
LC) Illegitimate parents Equal division
Spouse Entire estate Subsection 2 - Ascending direct line
1. Notionally divide the estate into two equal parts; Spouse with brothers or ½; ½ subject to 1006
the strict legitime and the free portion sisters (full/half blood)
2. Set aside strict legitime for the legitimate children. Brothers, sisters, nephews, Entire estate divided
Assign two points for each legitimate child and nieces equally, subject to right of 985
charge the same to the strict legitime representation under 1006
3. To the free portion, charge two points to cover the Collateral relatives within Entire estate
the fifth degree
share of the surviving spouse and one point for Ascendants as secondary intestate heirs
each illegitimate child
4. If the points charged to the strict legitime are
greater than or equal to the points charged to the
986
free portion, the estate is sufficient to pay the full 984
intestate shares of all intestate heirs
5. If the points charge to the free portion are greater
than the points charged to the strict legitime, the Parents as sole intestate heirs
Successional rights of biological parents - not adopting
estate is insufficient to pay the full intestate shares
parents Rule on equal division
of illegitimate children
6. If the estate is insufficient to pay the full intestate Succesional rights of the adopting parents (190, FC)
shares of the illegitimate children, distribute the
same by simply giving the legitime of legitimate LC and IC (and Ordinary rules on intestate 987
children and the surviving spouse, and thereafter descendants) + SS
give the balance of the estate to the illegitimate [Parents (Legit/illegit) or ½; ½ (DFP)
Legit ascendants] +
children in equal shares
Adopter Successional rights of other ascendents - per strips (by line)
(page 777 - 778) SS/IC + Adopters 1/2; 1/2 and per apita
59 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
The illegitimate children - third in rank Vda. de Crisologo v CA - legitimate cannot inherit distinguish between her
from illegitimate legitimate and illegitimate
Applies when (entire estate) grandchildren. Neither did her
o No LC Conclusive presumption of animosity - the only way which husband Fredericowho in fact
o No Legit parents succession can flow is through testamentary succession legally raised the status of
o No spouse Emilio III from an illegitimate
The barrier operates bilaterally
grandchild to that a legitimate
illegitimate children as concurring intestate heirs - excludes
collateral relatives Cacho v Udan - legitimate brothers of deceased child. The peculiar
mother are precluded from ineriting from an circumstances of this case,
Del Prado v Santos - illegitimate son excludes illegitimate child painstakingly pointed out by
legitimate brother counsel of petitioner,
Application of the barrier in the collateral line overthrow the legal
presumption in 992 of the Civil
1. Conformable with the ruling in Cacho, a legitimate
Code that there exists
989 child is barred from inheriting ab intestato from an
animosity and antagonism
illegitimate uncle (i.e., an illegitimate brother of his
between the legit and the
mother)
990 illegit
a. Corpus v Corpus
2. A legitimate child cannot inherit ab intestato from
a half blood brother in illegitimate line
Right of representation Manuel v Ferrer - a ward (ampon), 993
without the benefit of formal (judicial)
adoption, is neither a compulsory nor a
994
legal heir
991
60 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Qualifications to successional rights of the surviving spouse - 1. Brothers, sisters, whether full blood or half blood
996 Marriage must be terminated by death of decedent. If void or and their respective descendants (nephews and
annulled, spouse also cannot inherit. nieces)
2. All other collateral relatives
997 Disqualification resulting from legal separation, Declaration
of nullity of marriage, and annulment of marriage - see Art Collateral relatives are not compulsory heirs
998 892
Collateral relatives are excluded by compulsory heirs
Intestate share of surviving spouse concurring with one
999 legitimate child - same share. in testate, SS's legitime is 1/4 GR: Collateral relatives of the decedent are
excluded by COMPULSORY HEIRS
Santillon v Miranda EXPN: Brothers and sisters or their children may
1000 survive with the SS
Spouse concurring with grandchildren (816 - 817) Brothers and sisters inherit in their own right - per capita
1001
Subsection 5 - Collateral relatives Full-blood and half-blood relationship
61 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1014
Escheat proceedings
Judgement
Beneficiary (non-private)
Public schools
Public charitable institutions and centers
(pp 825-827)
62 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
2. Renunciation of accretion - the beneficiary has the a. expn: if mode of delivery only (generic),
CHAPTER 4 - right to accept or reject the accrual both in testate
and intestate succession
there is still accretion
1022
Accretion in intestacy
Predecease
Incapacity
Repudiation
1023
64 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 2 - Capacity to succeed by will or by 3. Incapacity by reason of unworthiness - It is the only because the law, under this provision, gave them
incapacity that applies to both one.
intestacy o Not included: Unregistered labor
association.
1025 Testamentary trust - may be established y the
1024 testator and endow it with funds to establish an
educational or charitable institution. The legal title
to the property is vested in the trustee.
Essential element of capacity to succeed - the existence of the
Capacity to succeed - presumed unless the is a law that states heir, legtee or devisee at the time of death of the testator or Application to testamentary succession - All entities may
otherwise. Must be proved by competent evidence by an heir decedent. Consequences: ONLY inherit through testamentary succession EXCEPT the
who challenges the capacity of another heir STATE, which can be an intestate heir
1. Those who predeceased the testator or decedent
Absolute and relative incapacity - cannot inherit
2. Those who are yet to be conceived the time of
ABSOLUTE RELATIVE 1027
incapacity of a person to Incapacity of a person to death of the testator or decedent cannot inherit
inherit from any one or to succeed a particular a. EXPN: Presumptive personality of an
inherit any property under decedent or to inherit a unborn child under Art 40 and 41:
any circumstance for the particular property. E.g: i. GR: Alive at the time it is Incapacity by reason of possible undue influence
duration of such incapacity. 1. Persons completely delivered from
E.g: inherited under mother's womb Paragraph 6 is a misplaced provision
1. Those who were 1027 ii. EXPN: Intra-uterine life of less Applies only to testamentary succession because
not alive at the 2. Persons than 7 months, not deemed they are irrelevant in intestate
time of death of referred to in born if it dies within 24 hours
the decedent 1028 after its complete delivery from 1. The priest and the minister of the gospel
(other than those 3. Persons a. Priest (deacon, nun, brother, lay minister,
the mother's womb
granted the referred to in etc not covered because they are not
presumptiv 1032 Parish priest of Roman Catholic church of Victoria authorized by Cannon Law to hear the
personality) 4. Illegitimate Tarlac v Rigor - The will is inoperative because no confession):
2. Those inheriting children under nearest male relative of the testator pursued priesthood at i. Confession
by representation 992
the time of his death; a condition imposed by him in the will ii. Incapacity still holds even if
3. Those inheriting
in order to dispose his properties by testate succession. testator died of a different illness,
reservable
property even by accident. What's is
important is that at the time of
1026 confession, he knows he's gonna
die soon :(
Application to testacy and intestacy - second paragraph of iii. Testator need not die
this Article is inaccurate. There are three types of incapacity immediately after confession
under this code: Capacity of Juridical persons and unincorporated entities to iv. EXPN: If he recovered and had
succeed sufficient time to reflect and
1. Incapacity by reason of undue influence - 1027;
revoke his decision
applies only to testamentary succession "organizations or associations for religious,
v. Incapacity of the priest cannot be
2. Incapacity by reason of public policy or morality - scientific, educational, or charitable purposes" - No
invoked in the following cases
1028; applies only to testamentary succession juridical personality but has capacity to succeed
65 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Other spiritual needs the priest for some d. Coverage of the disqualification - Both
not confession past services e.g. person and property
2. At the time of the vital testimony. e. Nature of the disqualification
institution of the priest, Even if he heard i. Disqualification applies when the
the testator made a the last ward executed the will before the
special provision for his confession, still "final accounts" of the
illegitimate child, eligible to inherit guardianship
faithful servant, friend e. If priest is 1. Terminates the
a. UNLESS IT CAN BE compulsory heir. guardianship
PROVEN THAT However, he is not ii. Hence, what is prohibited is
PRIEST EXERTED entitled in excess receiving a testamentary benefit
UNDUE of his legitime in the course of the guardianship
INFLUENCE b. Ministers of gospel 4. The attesting witness
3. Wil executed BEFORE i. Any form of spiritual aid a. Renders inoperative the exception in Art
the confession 2. Relatives of the priest and minister of the gospel 823
4. No economic benefit in a. By Consanguinity within the fourth civil 5. The physician, nurse or druggist
favor of the priest, degree. a. Continuity of the services - not merely
hence the ff are valid: b. Spouse or mistress not mentioned isolated services e.g. a private nurse on a
a. Priest is appointed c. Incapacity extends to Church, religious temporary basis
executor even if order, chapter, community, organization or b. Extension of the disqualification - not
he receives some institution to which the priest or the necessarily licensed e.g. caregivers
compensation minister of the gospel belongs c. Time of the execution of the will - last illness
b. Priest designated 3. The guardian + continuance of the services of the
as guardian of a. The incompetence of the ward is the legal healthcare provider shortly thereafter;
minor children basis of guardianship - the lack of capacity hence if the services have long been
even if priest to act. terminated, he can inherit.
would have b. Types of guardians d. Compulsory heirs are not covered by the
administration Legal Judicial disqualification - He can get legitime but he
over the property No Judicial Appointed by court has no share in the disposable free portion
of the minor appointmen over i. Sebastian: He should not be
children and t e.g. 1. The person barred from receiving a
would be entitled parents - no power renumeratory devise or legacy
to some to enter e. The disqualification excludes the payment
compensation into of lawful debts
transaction
c. Disposition
s in behalf
directing the
of the ward
executor to pay a 2. The 1028
debt to the priest property/ie
or for some prior s
services, provided 3. both
not excessive Incapacity by reason of morality and/or public policy
d. Renumeratory c. The guardian covered by the disqualification
legacy or device to - Judicial
66 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1. Disposition in favor of the mistress or paramour - property he had left for prayers and pious works - received by a disqualified person through the
preponderance of evidence; prior conviction not if this element is not present, this provision is instruction of the testator
necessary inoperative Must be proved in order to obtain an Judicial
2. Disposition in favor of a co-conspirator - illegal 5. The testator did not specify the nature of the declaration of nullity. Never presumed
cause; when convicted in a final judgment prayers or the specific pious works to which the
a. EXPN: property shall be applied The Disqualified persons under this provision
i. When they are reciprocal
When all these requisites concur: 1. 1027 (undue influence)
compulsory heirs with respect
2. 1028 (morality or public policy)
to their legitime 1. ½ of the property or the proceeds thereof shall be
ii. Intestate succession delivered to the church or denomination to which 1032 is not included because it may be condoned
3. Disposition in favor of a public officer the testator belong;
a. Purpose: to deter bribery 2. The other half or the proceeds thereof shall be
b. Elective and appointive officials and delivered to the stated to be used exclusively for
employees, permanent or temporary, the benefit of public schools and charitable
whether in the classified or unclassified institutions and centers 1032
or exempt service receiving
compensation, even nominal, from the
government
1030 Nature of disqualification - applies to both testate and
c. Void if given by reason of office; illegal
intestate
cause. THE CAUSE MUST BE STATED OR
FOUND SOMEWHERE IN THE WILL Causes common to disinheritance and unworthiness
Class institution
(see table on pp 868-870)
The implementor and the beneficiaries - their decisions are
1029
not final and executory; may be challenged y an interested Violations to the testamentary privileges of the testator - Par
party and subject to the approval of the probate court 6, 7, 8
Institution of the soul - Law recognizes the capacity of the 1. The person specifically named 1. The heir, through fraud, violence, intimidation and
soul to inherit even if a Juridical person under Art 37 2. The executor undue influence:
3. Committee of three (3) persons a. caused the testator to write a will
Soul deemed instituted as heir; Requisites: a. Mayor b. caused the stator to change a will already
b. City/Mun Treasurer made
1. The testator disposed the whole or part of his c. MTC Judge c. prevented the testator from making a
estate, in general terms
will
2. The testator intended that the testamentary
d. prevented the testator from revoking a
dispositioto be for the benefit of his soul
1031 will
3. No particular person is charged or burdened with
2. the heir supplanted, concealed or altered the
the fulfillment of the testamentary directive, i.e.,
testator's will
the testamentary disposition i not a condition or a
3. the heir falsified or forged the supposed will of the
charge imposed by the testator on a particular heir, Circumvention of the law decedent
legatee or devisee, as in the case of conditional or
modal institution "Intermediary" - A third person who in paper will
4. The testator did not name a particular person who receive the benefit, but in fact the same will be
will carry out his instruction with respect to the Effects of incapacity by reason of unworthiness
67 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
gets nothing via testate or intestate o EXPN: May be revoked if consent is If the heirs dies before the fulfillment of the suspensive
Compulsory heir will be deprived of legitime vitiated by Fraud, Mistake, Violence, condition, he is not qualified to inherit because he died
intimidation or undue influence before the disposition could become effective
Disinheritance Incapacity
Penalty imposed by testator Penalty imposed by law Effect of reconciliation and condonation
68 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
o Judicial declaration of incapacity of heir
1037 who wrongfully took possession of the
property
o For the recovery of the hereditary
Classification of expenses property from the taker, together with
its fruits, interest and accession, as well
1. Necessary expenses - shall be refunded as for the recovery of damages resulting
(preservation) from such wrongful taking
2. Useful improvements - can be removed without
damaging the thing Proper parties - Real party in interest; the party who stands
3. Expenses of pure luxury - cannot be refunded to be benefited or injured at the outcome of the suit
1038
1039
Nationality rule
1040
Prescriptive period
Five years:
69 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 3 - Acceptance and repudiation of
1044 1045
inheritance
Capacity to accept or repudiate - must have capacity to act; Acceptance of inheritance left to Corporations
1041 power to do acts with legal effect; must possess the free
disposal of his property, i.e, the right to freely alienate his
and other entities
property
Sec 23 of Corpo code - Power to accept
Prohibition against compulsion
Capacity to Accept Capacity to repudiate vested in Board of Directors/trustees.
Vitiated consent Acceptance may be made Judicial authorization Resolution accepting the same is
through legal needed. Repudiator should
1. Free representative without possess the free disposal of sufficient
2. Intelligent need for judicial his property. An heir may Repudiation - court approval
3. Spontaneous authorization repudiate an inheritance Unincorporated corporations
provided such repudiation
Vices: does not cause damage or institutions, entities - appointment of
prejudice to third persons. lawful representative. SPA sufficient
1. Mistake
2. Violence
1. Repudiation - requires the
3.
4.
Intimidation
Fraud
Minors and other incapacitated persons
individual act of members (?)
5. Undue influence GR: Without judicial authorization,
parents/guardians may ACCEPT inheritance left to
minors 1046
EXPN: Judicial authorization needed if the
1042 inheritance is burdened with an obligation which
the minor or incapacitated person is unable to
perform Public official establishments may accept or repudiate ONLY
through the agency or department of the government where
Retroactive effect of acceptance and repudiation - moment
Guy v CA - Parents and guardians repudiate the they are attached - non-governmental functions such as
of death of decedent; deemed not to have inherited at all
inheritance their wards without judicial approval. This is national museum, public library, or a center for arts and
because repudiation amounts to an alienation of property culture. They are not juridical persons.
which must pass the court's scrutiny in order to protect the
1043 interests of the ward
Essential requisites of acceptance and repudiation May be accepted (not repudiated) by:
1. The person specifically designated by the
1. Certainty of the death of the decedent Irrelevant. Married woman may accept or reject an
testator to identify the beneficiaries
2. Certainty of the right to the inheritance inheritance without the consent of her husband. It will not
2. In default, the executor
form part of the conjugal property
3. In default, the Mayor, City/Mun
Treasurer, and judge of MTC
70 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
b. Authentic - genuine; accepted by parties; decided in one case the one who is
1048 authenticity proved e.g Holographic will directly interested in a will can only
2. Repudiation by petition for repudiation of intervene in its probate
inheritance 2. Succession has opened
Deaf-mutism as a limitation on capacity to act 3. The successional rights of the repudiator must have
Rationale for the difference in the form of accepting and been duly established - will must have been
Literate - May accept/repudiate with/without repudiating an inheritance admitted to probate and all charges must have
guardian 1. Material adverse effect on patrimony been paid
Illiterate - Cannot accept without guardian. For 2. Re-alignment of rights of heirs 4. The repudiator must have the free disposal of his
repudiation, guardian must be a judicial guardian property - must be a fully capacitated person and is
and court approval must be secured. Authority of Effect of repudiation compared to disinheritance and subject to no legal constraint in disposing his
the guardian excludes acts of strict dominion. preterition property
5. The repudiated inheritance must have not been
REPUDIATION DISINHERITANCE PRETERITION distributed with finality - court should have not yet
heir excludes testator testator distributed the estate. If the settlement
1049 himself deliberately unintentionally proceedings have been closed, the remedy of a
excludes heir excludes heir
creditor against the repudiator is barred by laches.
Q: is there
1050 6. The creditor must prove that the repudiation of the
preterition if the
inheritance caused him damage
heir received
property by way 7. The recovery of the creditor is limited to the
Express and tacit acceptance of donation inter amount of his claim
vivos?
1. Express acceptance
a. In writing (public or private)
i. Deed of self-adjudication
ii. Extrajudicial partition
Bases case (895-898) 1053 (903-904)
2. Tacit acceptance
a. Using the money 1054
b. Depositing the money 1052 - creditors may accept
c. EXPN: repudiating the inheritance in
general terms without designating a 1055
specific person or persons in whose favor
Requisites (This article does not apply in a case of an
he renounces the inheritance
extrajudicial settlement of the estate)
Drag-along repudiation
1. The creditor has a valid and lawful claim against the
GR: he who repudiates an inheritance based on the
1051 repudiator
EXPRESS will of the testator is deemed to have
a. Leviste v CA - former counsel was not a
repudiated an inheritance based on the presumed
party to the probate proceedings in the
will of the testator
lower court. He had not direct interest in
Forms of repudiation EXPN: he who repudiates an inheritance based on
the probate of a will. His only interest in
the PRESUMED will of the decedent is not
1. Repudiation in a public or authentic document the estate is an indirect interest as a
precluded from accepting an inheritance based on
a. Public - notarized former counsel of a prospective heir. As
the express will of the testator
71 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
1056
The exceptions
1057
Repudiation: Public/Authentic/Proceeding
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Section 4 - Executors and administrators Bonds
Nature of Bond
Amount of bond
1058
Term of bond
Liability of sureties
Applicable law
Bonds of joint executors and special administrators
Qualifications of executors and administrators
Inventory and appraisal
Definition of terms
Three-month period
Nature or office of executor and administrator
Court's power to include or exclude assets
Discretion of office of executor or administrators
Allowance to widow and family
Discretion of the court in appointing an executor
Revocation of administration
Republic v Ferdinand Marcos II and Imelda Marcos
Removal. resignation or death of executor or administrator
Appointment of executor
Acts prior to revocation, removal or resignation
Appointment of co-executors
Powers of new executor of administrator
Appointment of administrator
General powers and duties
Next of kin
Application
Creditors
Strangers
1060
Order of preference
Interested party
Saguinsin v Lindayag
Eusebio v Valmores
73 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 5 - Collation 2. if unable to make cash reimbursement, to the surviving spouse. The property remedy of the creditor
physically return the property is not to compel collation thereof but to file ction to declare
such donation void. If a donation is declared void the
ownership of the property is deemed never to have left the
1061 patrimony of the donor.
1062
In the settlement of the estate of such donor, the
inheritance should include the property subject matter of
Collation an integrated solution
Dispensing of collation - if a donor stipulates that the the void donation even if the physical possession thereof is
Process: donation to a compulsory heir is non-collationable the yet to be recovered
donation shall nonetheless be accounted for but it shall be
1. Collation of donation - determine NHE and THE EXPN: Moderate gifts given by one spouse to another are not
charged to the DFP provided that the donation IS NOT
2. Determine whether or not donations are considered as donations
INOFFICIOUS. The waiver of collation must in all cases be
inofficious - determine legitime expressly stipulated in the relevant deeds of donation. Variants of collationable donations
3. Imputation of donation - charge donation to
legitime or DFP, as the case may be De Roma v CA - mere description of the donation as Anything given by a person and received by
4. Restitution of inofficious donations - those which "IRREVOCABLE" should not be construed as prohibition another gratuitously other than by way of support
exceeded the DFP or legitime against collation Examples:
1. Donation propter nuptias
Purposes of collation
2. Remission of debts
3. Renunciation of an inheritance in favor of
1. Preservation of the legitime (935-936) (pp 948-951) specified persons
a. Collation is relevant only when
Imputation of non-collationable donations 4. Sums paid by a parent for the
compulsory heirs succeed
outstanding debts of a child or for the
i. Arellano v Pascual Effect of repudiation latter's civil liability arising from a
b. Collation is likewise irrelevant if the
criminal offense
donee is the sole compulsory heir of the Illustration
donor - donor gave no further donations The person responsible to collate - GR: the Donee (personal
2. Quantitative equality among compulsory heirs Treatment of collationable and non-collationable donations to him)
with repudiation
(940-941) Vizconde v Ca - not a proper case of collation
a) Account for all donations
Two concepts of collation b) Charge the non-collationable donations to the son-in-law who was not the donee is not a
disposable free portion property party collate
1. Collation as a national accounting process
c) Account for the collationable donation Paranaque property can no longer be collated
2. Collation in the concept of returning the property
d) Distribution of the estate of A by intestacy because its proceeds were used to buy the
to the Donor's estate
Valenzuela property
Application of the two concepts of collation Donee died ahead of donor. With her death
Exclusion of surviving spouse from the obligation to collation her obligation to collate the property
Fairness of collation in the concept returning property to the supposedly donated to her was extinguished.
- because donations between spouses are void a surviving
Donor's estate
spouse can never be made to account for donations given to
Sebastian: him or to her by the deceased spouse in the liquidation of
1. Pay the cash equivalent first estate of the latter if it is shown that there was indeed a 1063
donation inter vivos of property made by the deceased spouse
74 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Property left by will
1065 1069
Legacy or devise
Transmitted only upon death
GR: A legacy or devise given by the testator to a
Parents to collate the donations to their children Other collationable donations
compulsory heir is generally charged to the DFP
EXPN: if the testator explicitly provided otherwise. But grand child shall bring into collation the GR: Deemed a donation
Hence, there is no really legacy or devise in this property to determine if the donation is EXPN: if the payor caused the child to acknowledge
situation but a specific instruction that the legitime inofficious and indebtedness or to make a promise to
of heir shall be wholly or party by a specific reimburse the payor
movable or immovable property
75 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Collation of donations made by joint debtors
1073
1074
1075
1076
1077
76 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Section 6 - Partition and distribution of estate 4. Person appointed by testator
1082
Subsection 1 - Partition
1080
Partition under a different name - sale, barter, exchange,
1078 compromise
77 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Treatment of indivisible things - Two alternative solutions to Subsection 2 - Effects of partition Warranty - 5 years from date of partition
dissolve the co-ownership:
Alonzo v IAC - 30 days period began when the first Insolvency of an indemnitor
complaint for redemption was filed because it is when they 1098
were noti
1094 - action to enforce warranty -
10 years
Lesion in contract law
1089
1095 Lesion in partition - if the value of the thing received is less
than ¼ of the share he is entitled to receive
1090
Rescission of partition compared to rescission of a contract
Partition of receivables
Contract: more than ¼; shall not take place with
Aggrieved party must prove that insolvency existed respect to contracts approved by court
at the time of partition
78 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l
Partition: at least ¼; judicially approved partition Maintaining an action for rescission
does not bar the remedy of rescission
1099
Incomplete distribution of the estate - not a ground for
rescission; the remedy is to execute a supplemental deed of
partition
Partition made by the testator - cannot e rescinded on the
ground of lesion
EXPN: 1104
Non v CA
1100
1105
1102
79 | W i l l s a n d S u c c e s s i o n - A t t y S e b a s t i a n - S u m m a r i z e d b y A c e Q u e b a l