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Uribe Notes
Uribe Notes
“Language known to the testator” not in the attestation clause but still has to be
proven. Presumption may arise if it is in a language used in a locality where the
decedent resided for a long time. This is a disputable presumption.
“Language known to the testator” is not applicable to the testator because it
applies to the witness. Only requirement is it is interpreted to them.
Thumbmark can be a signature. Can a cross mark be a signature? See Garcia v.
Lacuesta
Balonan v. Abellana - requirements needed if the testator asks somebody to sign
for him
CSU: a witness cannot be someone who will sign for the testator
Nera v. Rimando – not required that witness or testator actually saw, but not
sufficient that he is aware, should be in a position to see
Cruz v. Villasor – requirements for 3 witnesses. If notary public is a witness, there
is failure to comply.
Qualifications/Disqualifications for witness
If the testator is blind, can he make a will? Yes
If the testator is blind (since birth or otherwise), can he make a holographic will?
Yes
Vasquez vs. Garcia – testator was not blind but impaired, will should be read
twice
Illiterate testator – should be read twice
Holographic will – no need to read twice
Facts required to be in attestation clause – not required to state the will is
numbered, but it should state the number of pages
Taboada v. Rosal – if such number of pages is printed in other parts like
acknowledgement, can be probated
If there is only one page, or all testamentary provisions are in one page, and the
next page is acknowledgment – no need to state number of pages, will not affect
validity
Need for acknowledgment – pertains to the testator and witnesses and not the
notary public, does not require to be made in the presence of each other, see
Javellana vs. Ledesma
If the requirement of the law for attestation clause can be seen by mere
examination of the will, it can be valid
Holographic wills – law requires that month, day, year should be stated
Roxas v. De Jesus – court allowed month and year only, there should be no
issues as to the due execution
Holographic will – insertions should be authenticated by the full signature of the
testator. If made by a third person and authenticated by testator, will is void
because not entirely written by testator
Kalaw v. Relova – insertion was not given effect
Revocation
Presupposes a valid will
Three modes: implication of law, subsequent instrument, destruction
See Molo v. Molo on subsequent instrument
Revocation is possible even if testator is already dead (acts of unworthiness)
Judicial demand can be a revocation
What if the heirs in the subsequent instrument were incapacitated? Will the
revocatory clause be valid? Yes. It will be an inoperative will, but still valid.
Doctrine of Relative Revocation – if it can be proven would not have revoked the
first will had he known that the heirs in the 2nd will will not be inherit, the first will
can be valid, otherwise Art. 832 should apply
In order to revive first will, the revocation must be implied, or that there is a 3rd
will reviving the 1st
Destruction, requisites: destruction, and intent
Is mental capacity another requisite? CSU: mental capacity presumed in intent
If the will can still be read, can there still be revocation? YES
Presumption of revocation may arise if the will may not be found despite diligent
efforts and in possession of testator. Disputable presumption only.
See Gago v. Mamuyac
Casiano v. CA – no revocation
Allowance of wills
Art. 838 – important provision
Allowance is also called probate
Probate pertains to extrinsic validity
But if on its face the intrinsic validity can be determined, probate cannot be
granted. See Nepomuceno v. CA
Ante mortem probate
Requirements for probate, issues may arise in Holographic will, witness must
know handwriting and signature
Codoy vs. Calugay – CSU: witness not required to have seen the will executed
Gan v. Yap – the holographic will itself must be presented to the court in order for
the will to be probated. Footnote: Photostatic copy may be allowed
Rodelas v. Aranza – photostatic copy may be allowed
Disallowance of wills
Art. 839 enumerates the grounds
Is the enumeration exclusive? Yes
Revocation is not in the enumeration. Revocation is a jurisdictional matter, it
should be settled first before probate. It is a ground for dismissal of the case, not
disallowance.
Legitime
Amount of legitime Intestate succession
Legitimate children ½ Entire estate
One legitimate child ½ ½
surviving spouse ¼ ½
Legitimate children ½ SS same share as one LC
surviving spouse Same share of one LC
Legitimate children ½ NC gets ½ of LC after
natural children Each gets ½ of each LC giving to hen their
legitimes
Legitimate children ½ IC gets 2/5 of LC after
Other illegitimate children 4/5 of ANC or 2/5 of LC or giving to them their
1/2 legitimes (Art. 983)
Legitimate children, natural ½ SS gest same share as LC
children and/or other ½ of each LC
illegitimate children 2/5 of LC or ½ of LC
Surviving spouse Same share of one lc
Legitimate parents ½ Entire estate
Legitimate parents, natural ½ ½
children or other ILC ¼ ½
Legitimate parents ½ ½
natural child and other ILC ¼ ½
SS 1/8 ¼
Preterition
Preterition – totally omitted in the inheritance
Requirements: valid will, all properties were disposed, heir must be in the direct
line (compulsory heir in the direct line)
Can illegitimate children be preterited? Yes
Escuin v. Escuin: Sir does not agree with the ruling.
Effect of pretertion: preterited heir will result in the annulment of the institution of
heirs but respecting legacies and devices. Annulment is total.
Compare with imperfect disinheritance
May a preterited heir acquire to more than his legitime? Yes.
Reserva Troncal
Parties: origin, praepositus, reservista or reservoir, reservatarios or reserves
Origin need not die, only requirement is he disposed it gratuitously
Is reservista a mere usufructuary? No. But ownership is not absolute since it is
dependent on double resolutory conditions.
Reservatario requirements: he is from the line of origin, he must be within 3
degrees from the praepositus
Reserva troncal pertains only to the legitimate line
In the collateral line, right of representation pertains only to brothers and sisters
Disinheritance
Only compulsory can be disinherited/deprived of a share in the estate? NO. Even
legal heirs may be deprived of any share in the inheritance.
If compulsory heirs who are protected by law can be deprived by law, surely
others can too.
Determine first if the will was valid or not. No disinheritance is not the same of
imperfect/ineffective disinheritance.
If void will and there is disinheritance, intestate.
If valid will there is disinheritance, determine if valid or imperfect. Imperfect if no
ground for disinheritance, and even if there is a ground but the heir questioned it
and it was proven to be false. This is not the same as preterition.
In preterition, annulment is total. In disinheritance, only to the extent the heir was
prejudiced
Can an imperfectly disinherited heir be entitled to more than his legitime? CSU:
No, Tolention: Yes.
1989 bar exam question no. 11(2)
Principles affecting the freely disposable portion
May the entire estate be the subject of the disposition? Yes. If the testator died
without a compulsory heir, or only heir.
Even if the will does not institute an heir, it may be a valid will as there may be
legacies or devices.
Kinds of institution: Simple, condition, with a term, modal
Suspensive condition does not obligate. Modal institution obligates.
Conditional suspensive in character, at the time of fulfillment of the condition, he
must be capacitated.
X, in his will, gave his Ferrari to A with the condition that he must be 18 years old.
However, A died before reaching 18 years old. Will his heirs inherit the Ferrari?
Yes. Art. 606 under usufruct.
Substitution of Heirs
Simple or common, brief or compendious, reciprocal, fideicommissary
Fideicommissary: first heir inherits as fiduciary (fruits only)
Parties in fideicommissary: testator, fiduciary, fideicommissary
What the law requires is relationship between fiduciary and fideicommissary, not
with testator
Can there be 2 fideicommissaries? YES.
Condition: fideicommissary and fiduciary must survive the testator
What if fideicommissary dies before fiduciary, will his heirs inherit? YES. Rights
vest upon death of the testator