Professional Documents
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Succession: San Beda College of Law
Succession: San Beda College of Law
Succession: San Beda College of Law
53
SUCCESSION
SUCCESSION NOTE: The distinctions between
A mode of acquisition by virtue heirs and devisees/legatees are
of which the property, rights and significant in these cases:
obligations to the extent of the 1. Preterition (pretermission)
value of the inheritance, of a 2. Imperfect disinheritance
person are transmitted through 3. After-acquired properties
his death to another or others 4. Acceptance or non-
either by his will or by operation repudiation of the
of law. (Art. 774) successional rights.
uphold the will in all its parts, if it can – refers to the ability as well as the
be done consistently with the power to make a will.
established rules of law. - must be present at the time of the
execution of the will.
NOTE: The notary public before whom 2. the fact that the testator signed
the will was acknowledged cannot be the will and every page thereof,
considered as the third instrumental or caused some other person to
witness since he cannot acknowledge write his name, under his
before himself his having signed the will. express direction, in the
If the third witness were the notary presence of the instrumental
public himself, he would have to avow, witnesses;
assent, or admit his having signed the When the testator expressly caused
will in front of himself. To allow such another to sign the former’s name,
would have the effect of having only two this fact must be recited in the
attesting witnesses to the will which attestation clause. Otherwise, the
would be in contravention of Arts. 805 will is fatally defective. (Garcia vs.
and 806. (Cruz vs. Villasor 54 SCRA 31) Lacuesta 90 Phil 489)
not. (Alvarado vs. Gaviola 226 SCRA whether or not the date “FEB./61”
347) appearing on the will is a valid
compliance with Art. 810, probate of
WITNESS TO NOTARIAL WILLS the holographic will should be
(ARTS. 820 & 821) allowed under the principle of
Requirements: substantial compliance. (In the
1. of sound mind; matter of Intestate Estate of Andres
2. able to read and write; de Jesus and Bibiana Roxas de Jesus,
3. not blind, deaf or dumb; 134 SCRA 245)
4. at least 18 years of age;
Rule in case of insertion, cancellation,
5. domiciled in the Philippines;
erasure or alteration:
6. has not been convicted of Testator must authenticate the same
falsification of a document, perjury,
by his FULL SIGNATURE. (Article 814)
or false testimony
NOTE: In the case of Kalaw vs. Relova
NOTE: A witness need not know the
(134 SCRA 241), the holographic will in
contents of the will, and need not be
dispute had only one substantial
shown to have had a good standing in the
provision, which was altered by
community where he lives. Also, the
substituting the original heir with
acknowledging notary public cannot be
another, but which alteration did not
one of the 3 minimum numbers of
carry the requisite of full authentication
witnesses.
by the full signature of the testator, the
Interested witness
effect must be that the entire will is
A witness to a will who is
voided or revoked for the simple reason
incapacitated from succeeding from
that nothing remains in the will after
the testator by reason of a
that which could remain valid.
devise/legacy or other testamentary
disposition therein in his favor, or in
Effects of words written by another
favor of his spouse, parent, or child.
and inserted in the words written by
However, his competence as a
the testator:
witness subsists.
a. If the insertion was made after the
execution of the will, but without
2. HOLOGRAPHIC WILL (Article 810)
the consent of the testator, such
a. entirely written by the hand of
insertion is considered as not
the testator;
written, because the validity of the
b. entirely dated by the hand of
will cannot be defeated by the
the testator; and
malice or caprice of third person.
c. entirely signed by the hand of
b. If the insertion after the execution
the testator.
of the will was with the consent of
the testator, the will remains valid
NOTE: The law exacts literal
but the insertion is void.
compliance with these requirements.
c. If the insertion after the execution is
HENCE, THE DOCTRINE OF LIBERAL
validated by the testator by his
INTERPRETATION CANNOT BE APPLIED.
signature thereon, then the insertion
becomes part of the will, and the
Nevertheless, the Court held in a
entire will becomes void, because
case that as a general rule, the
of failure to comply with the
“date” in a holographic will should
requirement that it must be wholly
include the day, month, and year of
written by the testator.
its execution. However, when there
d. If the insertion made by a third
is no appearance of fraud, bad faith,
person is made contemporaneous to
undue influence and pressure and
the execution of the will, then the
the authenticity of the will is
established and the only issue is
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
60
will is void because it is not written c. Alien testator executing a will in the
entirely by the testator. Philippines: either
1) The law of the Philippines; or
Probate of Holographic Will 2) The law of the country of which
1. If UNCONTESTED, requires that at he is a citizen or subject.
least 1 witness who knows the d. Alien testator executing a will
handwriting and signature of the outside of the Philippines: either
testator explicitly declare that the 1) The law of the place where it is
will and signature are in the executed; or
handwriting of the testator; if no 2) The law of the place in which he
witness, expert testimony may be resides; or
resorted to. 3) The law of his country; or
2. If CONTESTED, requires at least 3 of 4) The law of the Philippines.
such credible witnesses, if none
expert witness. Aspects of the will governed by
National Law of the Decedent (Article
NOTE: Where the testator himself 1039 and Article 16 Civil Code)
petitions for the probate of his a. Order of succession
holographic will and no contest is file, b. Amount of successional rights
the fact that he affirms that the c. Intrinsic validity
holographic will and the signature are in d. Capacity to succeed
his own handwriting, shall be sufficient
evidence thereof. If the holographic will Joint will – a single testamentary
is contested, the burden of disproving instrument which contains the wills of
the genuineness and due execution two or more persons, jointly executed by
thereof shall be on the contestant. them, either for their reciprocal benefit
or for the benefit of a third person
A photostatic or xerox copy of a lost --will of 2 or more persons is made in the
or destroyed holographic will may be same instrument and is jointly signed by
admitted because the authenticity of them
the handwriting of the deceased can
be determined by the probate court, Mutual wills – wills executed pursuant to
as comparison can be made with the an agreement between two or more
standard writings of the testator. persons to dispose of their property in a
(Rodelas vs. Aranza, 119 SCRA 16) particular manner, each in consideration
of the other
GOVERNING LAW ON FORMALITIES --separate wills of 2 persons, which are
1. As to time: reciprocal in their provisions.
The validity of a will as to its form
depends upon the observance of the Reciprocal wills- wills in which the
law in force at the time it is made. testators name each other as
Its intrinsic validity, however, is beneficiaries under similar testamentary
judged at the time of the plans
decedent’s death by the law of his
nationality. NOTE: A will that is both joint and
mutual is one executed jointly by two or
2. As to place: more persons, the provisions of which
a. Filipino testator executing a will in are reciprocal and which shows on its
the Philippines: Philippine law face that the devises are made in
b. Filipino testator executing a will consideration of the other. Such is
outside of the Philippines: either prohibited.
1) The law of the country in which
it is executed; or Reasons:
2) The law of the Philippines.
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
61
1. will is purely personal and unilateral other things the number of pages
act thereof;
2. contrary to the revocable character 3. It must be identified by clear and
of a will satisfactory proof as the document
3. may expose the testator to undue or paper referred to therein;
influence, and may even induce one 4. It must be signed by the testator and
of the testators to kill the other. the witnesses on each and every
page, except in case of voluminous
NOTE: Joint wills executed by Filipinos books of account or inventories.
in a foreign country shall not be valid in
the Philippines, even though authorized F. REVOCATION OF WILLS AND
by the foreign country in which they may TESTAMENTARY DISPOSITIONS
have been executed (Article 819 Civil
Code). REVOCATION
This prohibition is applicable An act of the mind, terminating the
only in joint wills executed by Filipinos potential capacity of the will to
in a foreign country; it does NOT APPLY operate at the death of the testator,
to joint wills executed by aliens. manifested by some outward or
visible act or sign, symbolic thereof.
Such right to revoke a will cannot be
E. CODICIL AND INCORPORATION BY waived or restricted.
REFERENCE
LAWS WHICH GOVERN REVOCATION
CODICIL (ART 829)
A supplement or addition to a will, 1. If the revocation takes place in the
made after the execution of a will Philippines, whether the testator is
and annexed to be taken as a part domiciled in the Philippines or in
thereof, by which any disposition some other country, it is valid when
made in the original will is it is in accordance with the laws of
explained, added to, or altered. the Philippines
(Article 825) 2. If the revocation takes place outside
NOTE: To be effective, it must be the Philippines, by a testator who is
executed as in the case of a will. Its domiciled in the Philippines, it is
execution has the effect of republishing valid when it is in accordance with
the will as modified. the laws of the Philippines
3. Revocation done outside the
INCORPORATION BY REFERENCE Philippines, by a testator who does
(ART 827) not have his domicile in this
Contemplates only lists of country, is valid when it is done
properties, books of accounts, and according to the:
inventories. a. laws of the place where the
Provisions which are in the nature of will was made, or
testamentary dispositions must be b. laws of the place in which the
contained in the will itself. testator had his domicile at the
time of revocation;
Requisites for a valid incorporation by
reference: (ART 827) MODES OF REVOCATION (ART 830)
1. The document or paper referred to 1. By implication of law:
in the will must be in existence at a. legal separation revokes
the time of the execution of the testamentary provisions in favor
will; of the offending spouse;
2. The will must clearly describe and b. preterition revokes the
identify the same, stating among institution of heir;
inference that the testator meant 2. The old will is republished as of the
the revocation of the old to depend date of the codicil— makes it speak,
upon the efficacy of the new as it were, from the new and later
disposition intended to be date.
substituted, the revocation will be 3. A will republished by a codicil is
conditional and dependent upon the governed by a statute enacted to the
efficacy of the new disposition; and execution of the will, but which was
if for any reason, the new will operative when the codicil was
intended to be made as a substitute executed.
is inoperative, the revocation fails
and the original will remains in full REPUBLICATION REVIVAL
force (Vda. De Molo vs. Molo 90 Phil
37). 1. Takes place by 1. Takes place by
an act of the operation of law.
Revocation by mistake testator
A revocation of a will based on a
false cause or an illegal cause is null 2. Corrects extrinsic 2. Restores a
and intrinsic revoked will
and void. Thus, where a testator by
defects.
a codicil or later will, expressly
grounding such revocation on the
REVIVAL
assumption of fact which turns out
The restoration to validity of a will
to be false, as where it is stated that
previously revoked by operation of
the legatees/devisees named therein
law (implied revocation).
are dead, when in fact, they are
living, the revocation does not take
PRINCIPLE OF INSTANTER
effect.
The express revocation of the first
will renders it void because the
G. REPUBLICATION AND REVIVAL OF
revocatory clause of the second will,
WILLS
not being testamentary in character,
operates to revoke the previous will
REPUBLICATION instantly upon the execution of the
The act of the testator whereby he will containing it.
reproduces in a subsequent will NOTE: In implied revocation, the first
(express) the dispositions contained will is not instantly revoked by the
in a previous will which is void as to second will because the inconsistent
its form, or he executes a codicil testamentary dispositions of the latter
(constructive) to his will. do not take effect immediately but only
Its purpose is to cure the will of its after the death of the testator.
formal defects. H. ALLOWANCE AND DISALLOWANCE OF
WILLS
NOTES:
To republish a will void as to its PROBATE
form, all the dispositions must be A special proceeding mandatorily
reproduced or copied in the new or required for the purpose of
subsequent will; establishing the validity of a will.
To republish a will valid as to its The statute of limitations is not
form but already revoked the applicable to probate of wills.
execution of a codicil which makes
reference to the revoked will is Questions determinable by the probate
sufficient. court: (ICE)
1. identity of the will;
Effects of Republication by virtue of a 2. testamentary capacity of the
Codicil: testator at the time of the execution
1. Codicil revives the previous will of the will; and
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
64
3. due execution of the will. not necessary that the will and
codicil be probated together as the
GENERAL RULE: In probate codicil may be concealed by an
proceeding, the court’s area of inquiry is interested party. They may be
limited to an examination of, and probated one after the other.
resolution on the extrinsic validity if the (Macam vs. Gatmaitan 60 Phil 358)
will, the due execution thereof, the
testatrix’s testamentary capacity and When a will is declared void because
the compliance with the requisites or it has not been executed in
solemnities prescribed by law. The accordance with the formalities
probate court cannot inquire into the required by law, but one of the
intrinsic validity of testamentary intestate heirs, after the settlement
provisions. of the debts of the deceased, pays a
legacy in compliance with a clause in
EXCEPTION: Practical considerations, the defective will, the payment is
e.g. when the will is intrinsically void on effective and irrevocable (Article
its face. 1430, NCC; Natural Obligations).
In Nuguid vs Nuguid (17 SCRA 449), Grounds for Disallowance of a Will (ART
the Supreme Court held that, if the 839)
case were to be remanded for 1. Formalities required by law have not
probate of the will, nothing will be been complied with;
gained. On the contrary, this 2. Testator was insane, or otherwise
litigation would be protracted. And incapable of making a will, at the
for aught that appears in the record, time of its execution;
in the event of probate or if the 3. Will was executed through force or
court rejects the will, probability under duress, or the influence of
exists that the case will come up fear, or threats;
once again before us on the same 4. Will was procured by undue and
issue of the intrinsic validity or improper pressure and influence, on
nullity of the will. RESULT: waste of the part of the beneficiary or of
time, effort, expense, plus added some other person;
anxiety. 5. Signature of the testator was
procured by fraud;
In Nepomuceno vs CA (139 SCRA 6. Testator acted by mistake or did not
207), the Court ruled that “the court intend that the instrument he signed
can inquire as to the intrinsic should be his will at the time of
validity of the will because there affixing his signature thereto.
was an express statement that the NOTE: GROUNDS ARE EXCLUSIVE.
beneficiary was a mistress.
NOTES:
Criminal action will not lie against Fair arguments, persuasion, appeal
the forger of a will which had been to emotions, and entreaties which,
duly admitted to probate by a court without fraud or deceit or actual
of competent jurisdiction. (Mercado coercion, compulsion or restraint do
vs. Santos 66 Phil. 215) not constitute undue influence
sufficient to invalidate a will.
The fact that the will has been (Barreto vs. Reyes 98 Phil 996)
allowed without opposition and the Burden is on the person challenging
order allowing the same has become the will to show that such influence
final and executory is not a bar to was exerted at the time of its
the presentation of a codicil, execution.
provided it complies with all the To make a case of UNDUE
formalities for executing a will. It is INFLUENCE, the free agency of the
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
65
(LPA)
LC ½ Divide by the
# of LC,
whether they
survive alone
or with
3. Surviving 3. In default of concurring
spouse (SS) the foregoing, CH.
illegitimate
parents only 1 LC ½
(IP) SS ¼
IC ½ Divide equally
among the IC.
SS 1/3
reason to arise where the ascendants NOTE: All personal elements must be
who acquire the property themselves joined by bonds of legitimate
belong to the line of relatives from relationship.
which the property was, in turn,
acquired by the descendant. NOTE: In determining the right of the
reservatarios over the reservable
Requisites: property, there are 2 events to consider:
1. The property should have been 1. Death of propositus: all qualified
acquired by operation of law by an reservatarios acquire an inchoate
ascendant (reservista) from his right. Reservista owns the property
descendant (propositus) upon the subject to a resolutory condition.
death of the latter. 2. Death of reservista: surviving
2. The property should have been reservatarios acquire a perfect right.
previously acquired by gratuitous
title by the descendant (propositus) NOTE: The NCC did not provide for the
from another ascendant or from a rules on how the reservatarios would
brother or sister (originator). succeed to the reservista. However, the
3. The descendant (propositus) should following rules on intestacy have been
have died without any legitimate consistently applied:
issue in the direct descending line a. Rule of preference between lines
who could inherit from him. b. Rule of proximity
c. Right of representation
Personal elements: (provided that the
1. Originator – the ascendant, or representative is a relative of
brother or sister from whom the the descendant- propositus
propositus had acquired the property within 3rd degree, and that he
by gratuitous title (e.g. donation, belongs to the line from which
remission, testate or intestate the reservable property came)
succession); d. “Full blood/double share” rule
2. Propositus – the descendant who died in Art. 1006
and from whose death the reservista
in turn had acquired the property by Property subject to reservation:
operation of law (e.g. by way of must be the same property which
legitime or intestate succession). The the reservista had acquired by
so-called “arbiter of the fate of the operation of law from propositus
reserva troncal.” upon the death of the latter and
3. Reservista – the ascendant, not which the latter, in turn had
belonging to the line from which the acquired by gratuitous title during
property came (Justice Vitug) that is his lifetime from another ascendant,
the only compulsory heir and is brother/sister.
obliged to reserve the property.
NOTE: Dr. Tolentino is of the view that Obligations of Reservista:
even if the reservista and the originator (1) To make an inventory of all
belong to the same line, there is still an reservable property;
obligation to reserve. (2) To appraise value of all
4. Reservatarios – the relatives of the reservable movable property;
propositus within the 3rd degree and (3) To annotate in Registry of
who belong to the line from which property the reservable
the property came and for whose character of all reservable
benefit the reservation is immovable property;
constituted. They must be related by (4) To secure by mortgage (a)
blood not only to the propositus but restitution of movables not
also to the originator. alienated, (b) payment of
damages caused by his fault or
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
73
A disinheritance which does not have or more, if the accusation has been
one or more of the essential found groundless;
requisites for its validity. 3. When the heir by fraud, violence,
Effects: intimidation, or undue influence
1. If testator had made disposition of causes the testator to make a will or
the entire estate: annulment of the to change one already made;
testamentary dispositions only in so 4. Refusal without justifiable cause to
far as they prejudice the legitime of support the testator who disinherits
the person disinherited; does not such heir.
affect the dispositions of the
testator with respect to the free Peculiar Causes for Disinheritance
portion. 1. Children/Descendants:
2. If testator did not dispose of the free a. When the child/descendant has
portion: compulsory heir is given all been convicted of adultery or
that he is entitled to receive as if concubinage with the spouse of
the disinheritance has not been the testator;
made, without prejudice to lawful b. Maltreatment of the testator by
dispositions made by the testator in word or deed by the
favor of others. child/descendant;
3. Devises, legacies and other c. When the child/descendant leads
testamentary dispositions shall be a dishonorable or disgraceful
valid to such extent as will not life; Conviction of a crime which
impair the legitime. carries with it a penalty of civil
interdiction.
IMPERFECT PRETERITION
DISINHERITANCE
2. Parents/Ascendants:
1. The person 1. The person a. When the parents have
disinherited may be omitted must be a abandoned their children or
any compulsory heir compulsory heir in induced their daughters to live a
the direct line corrupt or immoral life, or
attempted against their virtue;
2. Always express 2. Always implied
b. When the parent/ascendant has
3.Always intentional 3. May be been convicted of adultery or
intentional or concubinage with the spouse of
unintentional the testator;
c. Loss of parental authority for
4. Effect: Partial 4. Effect: Total causes specified in the Code; and
annulment of annulment of d. Attempt by one of the parents
institution of heirs institution of heirs against the life of the other,
unless there has been
Common Causes for Disinheritance of reconciliation between them.
children or descendants, parents or 3. Spouse:
ascendants, and spouse: a. When the spouse has given
1. When the heir has been found guilty cause for legal separation; When
of an attempt against the life of the the spouse has given grounds for
testator, his/her descendants or the loss of parental authority.
ascendants, and spouse in case of
children and parents; Revocation of Disinheritance:
2. When the heir has accused the 1. Reconciliation;
testator of a crime for which the law 2. Subsequent institution of the
prescribes imprisonment for 6 years disinherited heir; and
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
75
3. Nullity of the will which contains the apply. The heir continues to be
disinheritance. incapacitated to succeed unless
pardoned by the testator under Art.
NOTE: Once disinheritance has been 1033. The law effects the
revoked or rendered ineffectual, it disinheritance.
cannot be renewed except for causes
subsequent to the revocation or based N. LEGACIES AND DEVISES (ARTS. 924 –
on new grounds. 959)
NOTES:
Mere civility which may characterize STATUS OF EFFECT ON THE
their relationship, a conduct that is PROPERTY GIVEN BY LEGACY/DEVISE
naturally expected of every decent LEGACY/DEVISE
person, is not enough.
In order to be effective, the testator 1. Belonging to the
must pardon the disinherited heir. testator at the time of Effective
Such pardon must specifically refer the execution of the
to the heir and to the acts causing will until his death
the disinheritance. The heir must
2. Belonging to the
accept the pardon. testator at the time of Revoked
No particular form is required. It the execution of the
may be made expressly or tacitly. will but alienated in
favor of a 3rd person
NOTE: Where the cause for
disinheritance is likewise a ground for 3. Belonging to the No revocation.
unworthiness to succeed, what is the testator at the time of There is a clear
effect of a subsequent reconciliation the execution of the intention to
will but alienated in comply with
upon the heir’s capacity to succeed?
favor of the legacy or devise.
1. If disinheritance has been made: legatee/devisee
Rule on reconciliation applies. The gratuitously
disinheritance becomes ineffective.
2. If disinheritance has not been made: 4. Belonging to the Legatee/devisee
Rule on reconciliation does not testator at the time of can demand
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
76
8. Already belonged to
the legatee/devisee at Ineffective
the time of the Application: Application:
execution of the will
even though another (1) When the (1) When there are no
person may have reduction is compulsory heirs and
interest therein necessary to the entire estate is
preserve the distributed by the
9. Already belonged to legitime of testator as legacies
the legatee or devisee Ineffective compulsory heirs or devises; or
at the time of the from impairment
execution of the will whether there are
even though it may
have been donations inter (2) When there are
subsequently alienated vivos or not; or compulsory heirs but
by him (2) When, their legitime has
although, the already been
10.Testator had Legatee/devisee legitime has been provided for by the
knowledge that the can claim nothing preserved by the testator and there
thing bequeathed by virtue of the testator himself are no donations
belonged to a third legacy/devise there are inter vivos.
person and the donations inter
legatee/devisee vivos.
acquired the property
gratuitously after the
execution of the will
NOTES:
11.Testator had Legatee/devisee In case of reduction in the above
knowledge that the can demand cases, the inverse order of payment
thing bequeathed reimbursement should be followed.
belonged to a third from the heir or
person and the estate
legatee/devisee
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
77
the decedent and was survived 5. Brothers and sisters, nephews and
by his children or descendants. nieces (BS/NN)
b) When a legal heir in the direct 6. State
descending line is excluded from
the inheritance due to
incapacity or unworthiness and ORDER OF CONCURRENCE
he has children or descendants. 1. LCD, ICD, and SS
c) When brothers or sisters had 2. LPA, ICD, and SS
predeceased the decedent and 3. ICD and SS
they had children or 4. SS and IP
descendants. 5. BS/NN and SS
d) When illegitimate children 6. C5 (alone)
represent their illegitimate 7. State (alone)
parents who already died in the
estate of their grandparents.
e) When nephews and nieces inherit TABLE OF INTESTATE SHARES
together with their uncles and
aunts in representation of their SURVIVOR INTESTATE SHARE
deceased parents who are the Any class Entire estate
brothers or sisters of said uncles alone
and aunts. 1 LC 1/2
SS 1/2
(Diongson vs. Cinco, 74
D. INTESTATE OR LEGAL HEIRS SCRA 118)
Those who are called by law to the 2 or more LC Consider SS as 1 LC,
succession either in the absence of a SS then divide estate by
will or of qualified heirs, and who total number.
are deemed called based on the LPA 1/2
presumed will of the decedent. SS 1/2
LPA 1/2
REGULAR ORDER OF SUCCESSION SS 1/4
(Decedent is a legitimate person): IC 1/4
1. Legitimate children or descendants IP 1/2
(LCD) SS 1/2
(The law is silent. Apply
2. Legitimate parents or ascendants
concurrence theory.)
(LPA) SS 1/2
3. Illegitimate children or descendants BS/NN 1/2
(ICD) 1 LC First, satisfy legitimes.
4. Surviving spouse (SS) SS Estate would be
5. Brothers and sisters, nephews and IC insufficient. Reduction
nieces (BS/NN) must be made according
6. Other collateral relatives within the to the rules on
5th degree (C5) legitimes. The legitimes
7. State of LCD and SS shall
always be first satisfied
in preference to the ICD.
2 or more LC First, satisfy legitimes.
SS There would be an
IRREGULAR ORDER OF SUCCESSION IC excess in the estate.
(Decedent is an illegitimate person): Distribute such excess in
1. Legitimate children or descendants the proportion 1:2:2, in
(LCD) accordance with the
2. Illegitimate children or descendants concurrence theory.
(ICD)
3. Illegitimate parents (IP)
4. Surviving spouse (SS)
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
80
RULES:
CARDINAL PRINCIPLES OF INTESTATE 1. The law of legitimes must be brought
SUCCESSION (Justice Paras) into operation in partial intestacy,
1. Even if there is an order of intestate because the testamentary
succession, the Compulsory Heirs dispositions can affect only the
(CH) are never excluded. The Civil disposable free portion but never the
Code follows the concurrence legitimes.
theory, not the exclusion theory. 2. If among the concurring intestate
2. Right of Representation (RR) in the heirs there are compulsory heirs,
collateral line occurs only in whose legal or intestate portions
intestate succession, never in exceed their respective legitimes,
testamentary succession because a then the amount of the
voluntary heir cannot be represented testamentary disposition must be
(collateral relatives are not CH). deducted from the disposable free
3. The intestate shares are either equal portion, to be borne by all the
to or greater than the legitime. intestate heirs in the proportions
4. GENERAL RULE: Grandchildren that they are entitled to receive
always inherit by RR, provided from such disposable free portion as
representation is proper. intestate heirs.
EXCEPTION: Whenever all the 3. If the intestate share of a
children repudiate, the compulsory heir is equal to his
grandchildren inherit in their own legitime, then the amount of the
right because RR would not be testamentary disposition must be
proper. deducted only from the intestate
5. Nephews and nieces inherit either by shares of the others, in the
RR or in their Own Right (OR). proportions stated above.
a. RR: when they concur with aunts 4. If the testamentary dispositions
and uncles (provided that RR is consume the entire disposable free
proper) portion, then the intestate heirs who
are compulsory heirs will get only
their legitime, and those who are
not compulsory heirs will get
nothing.
b. OR: when they do not concur
with aunts and uncles.
B. Based on Morality or Public Policy NOTE: The moment the testator uses
(ART 739) one of the acts of unworthiness as a
1. Those made in favor of a person with cause for disinheritance, he thereby
whom the testator was guilty of submits it to the rules on disinheritance.
adultery or concubinage at the time Thus, reconciliation renders the
of the making of the will. disinheritance ineffective.
2. Those made in consideration of a
crime of which both the testator and Pardon of Acts of Unworthiness
the beneficiary have been found EXPRESS IMPLIED
guilty. 1. made by the 1. effected when
3. Those made in favor of a public execution of a testator makes a
officer or his spouse, descendants and document or any will instituting the
ascendants, by reason of his public writing in which the unworthy heir with
office decedent condones knowledge of the
the cause of cause of incapacity
C. Based on Acts of Unworthiness incapacity
2. cannot be 2. revoked when
(A4F3P)
revoked the testator
1. Parents who have abandoned their revokes the will or
children or induced their daughters the institution
to lead a corrupt or immoral life, or
attempted against their virtue; C. ACCEPTANCE AND REPUDIATION OF
2. Any person who has been convicted INHERITANCE (ARTS. 1041 – 1057)
of an attempt against the life of the
testator, his/her spouse, Characteristics: (VIR)
descendants or ascendants; 1. Voluntary and free
CIVIL LAW COMMITTEE
& CHAIRPERSON: Romuald Padilla & ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad & EDP: Alnaiza Hassiman, Dorothy
Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law
83
Prohibition to Partition
1. The prohibition to partition for a
period not exceeding 20 years can be
imposed on the legitime.
2. If the prohibition to partition is for
more than 20 years, the excess is
void.
3. Even if a prohibition is imposed, the
heirs by mutual agreement can still
make the partition.