Civil Law Review 1

LAW ON PROPERTY

ATTY. TERESITA L. CRUZ

 USUFRUCT
OBLIGATIONS OF THE USUFRUCTUARY:
1. make an inventory;
BEFORE 2. give security or bond.
1. take care of the property w/ the
DOAGFOAF;
2. make ordinary repairs;
DURING 3. notify owner of urgent extra-ordinary
repairs;
4. notify owner of any prejudicial act
committed by 3rd persons.
1. return the object unless there is
AFTER right of retention;
2. indemnify owner for any loss due to
his fault or negligence.
CAUCION JURATORIA – is a sworn duty to take
good care of the property and return the same at
the end of the usufruct; takes the place of the
bond or security (usufructuary is required but
cannot afford to give security) and is based on
necessity and humanity.
REQUISITES:
1. proper court petition;
2. necessity for delivery of:
a). furniture or house for use by usufructuary
and his family OR;
b). implements, tools or other movables for a
vocation or industry in which he is engaged.
3. approval of the court;
4. sworn promise;
5. BUT usufructuary cannot alienate or lease the
property for this means he does not need them.
 EASEMENT OR SERVITUDE

CHARACTERISTICS OF AN EASEMENT:
1. a real right;
2. imposed on a real property only;
3. Imposable only on another’s property;
4. involves two neighboring estates, the dominant and
the servient estates;
5. a limitation or encumbrance on the servient estate
for another’s benefit;
6. a right limited by the needs of the dominant estate;
7. inherent from the servient estate as such;
8. inseparable from the servient estate;
9. non-possessory;
10. indivisible;
11. intransmissible;
12. perpetual.
MODES OF ACQUIRING EASEMENTS (Arts. 620 – 623)
A. CONTINUOUS AND 1. By TITLE
APPARENT a) does not necessarily mean
document
b) it means a juridical act or law
sufficient to create the
encumbrance. Ex: Law,
EXAMPLES: donation, will, contract
1. Easement of aquaduct
2. Easement of light and view 2. By PRESCRIPTION - TEN YEARS
a) positive, when made: a) positive – computed from the day
(1) on one’s own wall the dominant owner commenced
extending over to exercise the easement upon
another’s property OR servient estate.
(2) on a party wall
b) negative, when made: b) negative – computed from the day
(1) on one’s own wall notarial prohibition was made on
w/c does not extend the servient estate.
over another’s
property.
MODES OF ACQUIRING EASEMENTS (Arts. 620 – 623)
B. DISCONTINUOUS AND
APPARENT

C. CONTINUOUS AND
By TITLE ONLY
NON-APPARENT

D. DISCONTINUOUS AND
NON-APPARENT
EASEMENT OF RIGHT OF WAY (Arts. 649 -657
NCC): by which one person or a particular
class of persons is allowed to pass over
another’s land, usually through one particular
path or line.
REQUISITES of LEOROW (Art. 649/650 NCC):
1. Immovable (dominant estate) is surrounded by
other immovables pertaining to other persons;
2. No adequate outlet to a public highway;
3. Absolutely necessary for use or cultivation of
the enclosed estate of the claimant;
4. Isolation is not due to claimant’s own act;
5. Established at the point least prejudicial to the
servient estate;
6. Claimant must be the owner or one with a real
right thereto;
7. Payment of the proper indemnity.
B. AMOUNT OF INDEMNITY (Art. 649 NCC)
1. If passage is permanent – value of
the land + amount of damage
caused to servient estate
2. If passage is temporary – amount of
damage caused to servient estate
C. EXTINGUISHMENT OF THE LEGAL
EASEMENT OF RIGHT OF WAY
(Art. 655 NCC)
1. opening of a new road;
2. joining the dominant estate to another
which abuts, and therefore, has
access to the public highway;
3. such new access is adequate and
convenient to the dominant estate.
EASEMENT OF LATERAL
AND SUBJACENT
SUPPORT

No excavation upon
one’s own land may
be made to deprive
adjacent land or
building of sufficient
lateral and subjacent
support (Art.684 NCC).
 NUISANCE
--- is any act, omission, establishment,
business, condition of property or anything
else which:
1. injures or endangers the health or
safety of others;
2. annoys or offends the senses;
3. shocks, defies or disregards decency or
morality;
4. obstructs, or interferes with the free
passage of any public highway or street
or any body of water

5. hinders or impairs the use of property.

1. REMEDIES
1). Prosecution under the Revised Penal Code or any local
ordinance;
2). Civil action;
a). Gen. Rule: must be commenced by the city or municipal
mayor.
b). EXCEPTION: private person may file the action if the nuisance
is specially injurious to himself.
3). extrajudicial abatement.
a). district health officer determines whether or not it is the best
remedy.
b). by private person himself, provided: (Art. 703/705 NCC)
(1). nuisance specially injurious to himself;
(2). demand is first made upon the owner or possessor of the
property to abate the nuisance;
(3). such demand has been rejected;
(4). abatement be approved by the district health officer and
executed with the assistance of the local police;
(5). removing or if necessary, by destroying the thing which
constitutes the nuisance, without committing a breach of
the peace or doing unnecessary injury;
(6). Value of the destruction does not exceed P3000.00.
2. Remedies are cumulative NOT exclusive.
3. All remedies may be availed of by public officers but a
private person may avail of the last two (2) remedies only.
 ACCORDING TO ITS NATURE
A. Nuisance per se
B. Nuisance per accidens
PER SE PER ACCIDENS
1. nuisance at all times and 1. becomes a nuisance by
under any circumstances, reason of circumstances,
regardless of location or location or surroundings;
surroundings; 2. proof of the manner of
2. proof of its existence is its conduct, or the act,
sufficient; its consequences and
3. may be summarily abated other like circumstances,
under the undefined law is necessary;
of necessity. 3. reasonable notice and
hearing on whether or
not, in law, it constitutes
a nuisance.
DOCTRINE OF ATTRACTIVE
NUISANCE

One who maintains in his premises dangerous

instrumentalities or appliances of a character
likely to attract children in play and who fails to
exercise ordinary care to prevent children from
playing therewith or resorting thereto is liable
to a child of tender years who is injured thereby,
even If the child is technically a trespasser in the
premises.

This doctrine does not apply to bodies of water,

artificial or natural, in the absence of some
unusual condition or artificial feature other than
the mere water and its location.
 DONATION
DONATION includes:
1. an act of liberality whereby a person
disposes gratuitously of a thing or
right in favor of another, who accepts
it. (Art. 725 NCC).
2. giving to another a thing or right on
account of the latter’s merits or of the
services rendered by him to the donor,
provided they do not constitute a
demandable debt (Art. 726 NCC).
3. giving to another a thing or right and
imposes upon the donee a burden
which is less than the value of the
thing given (Art. 726 NCC).
DISTINCTIONS:
INTER VIVOS MORTIS CAUSA
1. takes effect during the lifetime 1. takes effect upon
of the donor; the death of donor;
2. made out of donor’s pure 2. made in contemplation of death
generosity; without intention to dispose in
case of survival;
3. valid, even if donor survives the
donee; 3. void, should donor survive the
donee;
4. must follow formalities of
donation; 4. must follow formalities of a will;

5. must be accepted by donee 5. can only be accepted after

during the lifetime of donor; donor’s death;
6. cannot be revoked except for 6. always revocable before donor’s
grounds provided by law; death;
7. generally, right to dispose of the 7. right to dispose is retained by
property is conveyed to the the donor while still alive;
donee;
8. preferred in case of impairment 8. not so preferred, hence reduced
of legitime. first if legitime is impaired.
VOID DONATIONS (Art. 739 NCC):

1. between persons who are guilty of

adultery or concubinage at the time of
the donation;
2. between persons found guilty of the same
criminal offense, in consideration thereof;
3. made to a public officer or his wife,
descendants and ascendants, by reason
of his office;
4. between spouses, during their marriage,
except moderate gifts during times of
family rejoicing. (Art. 87 FC).
FORMALITIES OF A DONATION:
I. DONATION INTER VIVOS
A. For movable property (Art. 748 NCC)

1. may be made orally or in writing;

2. oral donation requires

simultaneous delivery of the
thing or of the document
representing the right donated;

3. donation AND acceptance must

be in writing if the value of the
property exceeds P 5,000.00.
B. For immovable property (Art. 749 NCC)
1. donation must be in a public
instrument, specifying therein
the property donated and the
value of the charges which the
donee must satisfy;

2. acceptance may be in same

deed or in a separate public
document;

3. if in a separate document,
donor shall be notified thereof
in an authentic form and this
step shall be noted in both
instruments.
II. MORTIS CAUSA –
formalities of a will
 GROUNDS FOR REVOCATION OF
DONATION (Art. 760 NCC)
1. birth, adoption, re-appearance of a
child (within 4 years from BAR);

2. noncompliance with any of the

conditions imposed by the donor
(within 4 years from noncompliance);
3. ingratitude of the donee (within 1
year from knowledge of ingratitude).
 GROUNDS FOR REDUCTION OF
DONATION
1. failure of the donor to reserve sufficient means to
support himself or dependent relatives (anytime
during lifetime of donor).

2. failure of the donor

to reserve sufficient
property to pay-off
his existing debts
(within 4 years from
perfection of
donation).
debtor creditor
3. Inofficiousness (within 5 years after death of
donor).

4. birth, adoption, re-appearance of child of

donor (within 4 years from BAR).
 ACTS OF INGRATITUDE AS GROUND
FOR REVOCATION: (Art. 765 NCC)
1. if the donee should commit some
offense against the person, the
honor or the property of the
donor or of his wife or children
under his parental care.
2. if donee imputes to the donor any
criminal offense or any act
involving moral turpitude, even
though he should prove it, unless
the crime or the act has been
committed against the donee
himself, his wife or children under
his authority.
3. if he unduly refuses him support
when the donee is legally or morally
bound to give support to the donor.
WILLS AND SUCCESSION
Art. 774. SUCCESSION

ART.777. TRANSMISSION OF
SUCCESSIONAL RIGHTS
Art. 783 NCC. WILLS

SUSACPERVID
Art. 793 NCC. AFTER-ACQUIRED
PROPERTY
1. Q: In 2015, T made a will
stating, “I give all my cars to
X.” In 2015, T had 5 cars. In
2018 when T died, T already
had 10 cars. How many cars
will the legatee X get?
2. Q: “I hereby give to X ALL
my cars and ALL other
cars I may acquire
before my death.” How
many cars will X get?
EXTRINSIC VALIDITY ART. 795 NCC
OF WILLS (As To Time):

EXTRINSIC VALIDITY ART. 17(1) NCC

OF WILLS (As To Place): ART. 17(2) NCC
Arts. 815, 816, 817 NCC ARTS. 818/819 NCC

INTRINSIC VALIDITY
OF WILLS (As To Place): ART. 16(2) NCC

INTRINSIC VALIDITY
OF WILLS (As To Time): ART. 2263 NCC
ART. 799 NCC.
SOUND MIND
ARTS. 800/801/822 NCC.

SANITY/ SUPERVENING
INCAPACITY
ARTS. 804/805/806 NCC.

FORMALITIES OF A
NOTARIAL WILL
Art. 807 NCC.
DEAF/DEAF–MUTE
TESTATOR
Art. 808 NCC. BLIND
TESTATOR
Arts. 810 – 814 NCC.
HOLOGRAPHIC
WILLS
ART. 818 NCC. JOINT WILLS
A & B are husband and wife. A
executed a will which reads: “On my
death, I give all my properties to B.”
B, likewise, executed a will which
reads: “On my death, I give all my
properties to A.” B’s father contends
these are joint wills, hence, VOID.
ARTS. 820/821 NCC.
WITNESSES TO A WILL
 ART. 823 NCC.
DEVISE/LEGACY GIVEN TO A
WITNESS
T

Witnesses
BUT W/
A A

D B C D
A
Witnesses
E E

F
Devise/legacy
ART. 825 NCC
CODICIL

2018 2020
ART. 830 NCC. REVOCATION
OF WILLS
A. BY IMPLICATION OF LAW
1. T gave a legacy of his 2015
Honda Civic car to X in a
will he executed in 2016. In
2017, T sold the car to A for
P1M. On T’s death in 2018,
will X get the car, the P1M or
nothing?
B. REVOCATION BY AN OVERT ACT
C. REVOCATION BY ANOTHER WILL
1. T made a will in 2015. After one
year, he wanted to revoke will #1
so he made will #2 in 2016. In the
belief that he had already
executed a valid will, he tore will
#1. On his death in 2018, it was
discovered that will #2 was
attested by only 2 credible
witnesses, hence, the will was
NOT validly made. Can we
consider will #1 validly revoked or
could it still be given effect?
 DOCTRINE OF
DEPENDENT RELATIVE
REVOCATION
If T revokes his will with the
present intention of making a new
one and as a substitute, if the new
will is NOT MADE or even if made, it
FAILS to take effect for any reason
whatsoever, it will be presumed that
the T prefers the old will rather than
intestacy.
 Where the act of destruction is
connected with the making of
another will so as fairly to raise the
inference that the T meant the
revocation of the 1st will to depend
upon the efficacy and validity of the
2nd will, the revocation shall be
CONDITIONED and DEPENDENT upon
the validity of the 2nd will and if, for
any reason, the 2nd will intended to
be a substitute is INOPERATIVE, the
revocation of the 1st will fails and it
remains in full force and effect.
ART. 831 NCC. IMPLIED REVOCATION

WILL #1 WILL #2 WILL #3

LWT LWT LWT

T T “EXPRESSLY
REVOKING
WILL #2”
A B C X Y Z

2015 2016 2017

ART. 837 NCC. EXPRESS REVOCATION

WILL #1 WILL #2 WILL #3

LWT LWT LWT

T T

A B C X Y Z
“I am expressly
“I am expressly revoking will #2”
revoking will #1”

2015 2016 2017

 ART. 832 NCC. EXPRESS
REVOCATION BUT NEW WILL
INOPERATIVE
WILL #1 WILL #2

LWT LWT

(+ 1/1/18)
T T

A B repudiated
inheritance
“expressly
revoking Will # 1”

2016 2017
ART. 833. FALSE CAUSE/MISTAKE
WILL #1 WILL #2

LWT LWT
T (+ 2019) T

A B

2016 2017

*A imprisoned in Muntinlupa
ART. 834 NCC. RECOGNITION
OF ILLEGITIMATE CHILD
LWT LWT

“I recognize X as “I am expressly
my illegitimate revoking my will
son.” executed in
2017.”

T T

2017 2019
ART. 835 NCC. REPUBLICATION
OF WILLS
LWT LWT

WILL VOID AS TO REVOKED WILL

FORM

T T

Express Implied
republication republication
ART. 838 NCC. PROBATE OF WILLS
LWT

“xxx this will shall

not be presented
before the courts.”

(TESTATE ESTATE OF PILAPIL,

72 PHIL 546)
ART. 840 NCC.
INSTITUTION
OF HEIRS
ART. 845 NCC. UNKNOWN
PERSON

T executed a will stating:

“I institute one of my friends
to my estate of P1M.”
 ART. 846 NCC.
HEIRS INSTITUTED W/O
DESIGNATION OF SHARES
INHERIT IN EQUAL PARTS
1. T instituted his 3 brothers as heirs; estate
is P3M.
X P1M

T Y P1M

Z P1M
2. T instituted his son A and his bros. X and
Y as heirs; estate is 6M. P6M/2=P3M leg.
P3M FP
Y T X
P1M P1M

A P3M
P1M

3. T instituted his wife S, legitimate son A

and F, his friend, as heirs, estate is
P12M. Distribute the estate to T’s heirs.
P12M/2= P6M leg. T S
P6M FP P3M (FP)
P1M

F A P6M
P1M P1M
 ART. 847 NCC.
HEIRS COLLECTIVELY INSTITUTED
DEEMED INDIVIDUALLY INSTITUTED
1. In his will T said: “I institute as heirs to
my estate of P6M my friends X and Y and
the 2 sons of my friend Z.” How much
will each get?
T

X Y 2 sons of Z
P1.5M P1.5M

A B
P1.5M P1.5M
 ART. 848 NCC.
BROTHERS/SISTERS OF FULL AND
HALF-BLOOD
T instituted as heirs his full-blood
brothers A and B and half-blood brothers C,
D and E; estate is P10M; How much will
each get?
T

A B P2M each C D E
TS = Art. 848 (equal sharing)
IS = Art. 962 (half blood bros/sis ½ share of full
blood bros/sis)
 Art. 849 NCC.
SIMULTANEOUSLY NOT SUCCESSIVELY
INSTITUTED
T instituted X and X’s
children (A & B) as heirs
to his estate of P3M. How
much will each get?
T

X P1M

P1M A B P1M
 ART. 850 NCC.
FALSE CAUSE
T’s will reads: “ I institute my
favorite niece X as my sole heir to
my estate of P10M for having
graduated cum laude/valedictorian
from the FEU Institute of Law.” If X
did not graduate cum
laude/valedictorian, will she still
inherit?
ART. 851 NCC. WHOLE ESTATE
NOT DISTRIBUTED TO
INSTITUTED HEIRS
1. T’s will reads: “I institute my best
friend X as heir to ½ of my properties.”
Estate = P10M. T has 2 legitimate
brothers A and B who survive him.
Distribute his estate.
A P2.5M
T
B P2.5M

P5M X Estate = P10M

 ART. 854 NCC. PRETERITION
1. T has legitimate sons, A and B. A was
instituted as sole and universal heir to an
estate of P1M and a legacy of P100K was
given to T’s friend F.
P1M/2= P500K leg.
T P500K FP

P250K P250K
P200K A B P200K F (P100K)
2. Suppose the legacy given to F was P700K
instead of P100K, what is the effect?
T

P250K A B P250K X
F (P700K) P500K
 ART. 856. VOLUNTARY/
COMPULSORY HEIRS WHO
DIE/ARE INCAPACITATED/
RENOUNCE INHERITANCE
VOLUNTARY P9M/2=P4.5M leg. COMPULSORY
HEIR P4.5M FP HEIRS
T (+2015) T (+2015)

(+2014)A
X (+2014)
F B C
P1.5M P1.5M
P1.5M
P2.25M P2.25M

X
A
P750K X P750K Y
Estate is P10M Estate is P9M
ART. 863 NCC. FIDEICOMMISSARY
SUBSTITUTION
T - fideicomitente

A - 1st heir (fiduciary heir)

Only 1 degree preserve & transmit
apart in the property
relationship
B - 2nd heir
(fideicommissary heir)

C
ART. 891 NCC. RESERVA TRONCAL
ORIGIN
(ascendant, bro/sis.
where property
came from)
RESERVOR
(ascendant who
acquired property
by operation of
law)
PROPOSITUS
(descendant who acquired
property gratuitously)

RESERVATARIOS
(relatives within the 3rd degree
belonging to the line where
the property comes from.)
 ART. 874 NCC.
CONDITION NOT TO
MARRY
ART. 887/888 NCC.
COMPULSORY
HEIRS/CHILDREN/
DESCENDANTS
ART. 887/888. COMPULSORY
HEIRS/CHILDREN/DECENDANTS
F M

NHE is P10M
P10M/2= P5M leg.
P5M FP T S
P2.5M leg. (FP)

W L I
P5M leg. P2.5M leg. (FP)
 F M

P T S P1.5M leg. (FP)

P300K

P150K P300K P300K P300K

P150KX Y A B C (adopted
child)
(Illegitimate) (legitimate) P1.5M leg. each
P750K leg. each (FP)
Total = P1.5M leg. (FP) P9M/2= P4.5M leg.
NHE is P9M P4.5M FP
 ART. 890 NCC. LEGITIMATE
PARENTS/ASCENDANTS
1. GF 2. GGF

F M GF GM GF GM
P25K

T F M
(+)

Estate is 100K T
P100K/2= P50K leg.
P50K FP
 ART. 908 NCC.
FORMULA FOR NET
HEREDITARY ESTATE

Property left at the time of

death
- debts/charges
+ collationable donations
NHE
1. T’s estate at the time of death = P1M
P200K
A ID = P200K
P800K
legitimate children P400K

B ID = P100K
NHE = P1.2M

F (friend) ID = P100K
P1.2M/2= P600K Leg.
Debt of T = P200K P600K FP
T A -- P300K - 200K = P100K
B -- P300K - 100K = P200K

A B F
P250K P250K P100K
ARTICLE 915 NCC.
DISINHERITANCE

ART. 918 NCC.

INEFFECTIVE
DISINHERITANCE
ART. 922 NCC. RECONCILIATION
T’s will reads: “I disinherit my son X
for trying to kill me.” X was convicted and
served his prison term. When he was
released from Muntinlupa, X stayed with his
father in his father’s house until T’s death.
T never changed his will (where the
disinheritance was made). T did not also
execute any document condoning X’s
offense. Will X inherit from T?
ART. 923 NCC.
T’s estate is P1M; A and B are sons
of T; C is the son of A; B was instituted
as heir and A was disinherited in the will
for his unjust refusal to support T during
T’s lifetime. Distribute T’s estate.
T P1M/2= P500K leg.
P500K FP

X leg. A
P250K B P250K leg.
P500K FP

C
P250K leg.
LEGACIES AND DEVISES
ART. 930 NCC.
T gave to X in a will he
executed in 2017 a legacy of a 2015
Mitsubishi Galant car, green, which
he thought belonged to him but in
reality belonged to A. On T’s death in
January 2018, will X get the car?
ART. 931 NCC.
T stated in his will: “I
give to my friend X the red
2016 Honda Civic car
owned by A.” On T’s death
in 2018, will X get the car?
ARTS. 932/933 NCC.
T executed a will on Dec. 20,
2016 which reads: “I give to my
friend X a red Honda Civic car,
2013 model, with plate number
RAC 143.”

If on Dec. 20, 2016, X was

already the owner of the car, is
the legacy still effective on T’s
death on Feb. 14, 2018?
ART. 934 NCC.
T’s will reads:
“1. To X, I bequeath my diamond ring
pledged with Monte de Piedad for P50K ;
2. To Y, I devise my 250 sq. m. lot located
in San Pedro, Laguna which is mortgaged
with PNB for P1M;
3. To W, I devise my 500 sq. m. lot located
in Quezon City burdened by an easement
of right of way in favor of A;
4. To Z, I devise my 180 sq. m. lot located
in Bulacan over which a usufruct for
5 years has been constituted in favor of
B.”
ART. 935 NCC.

X is the debtor of T in the

amount of P100,000.00. T made
a will on Jan. 1, 2016 which
reads: “I give this credit of
P100K to my friend A.” On Dec.
25, 2017, X paid P25K to T. T
died on Feb. 14, 2018. How
much can A collect from debtor
X as his legacy?
ART. 936 NCC.

X is the debtor of T in the

amount of P1M. T’s will
executed in 2016 reads: “I
condone D’s debt of P1M”. In
2017, T demanded this credit in
a suit he filed in court. On T’s
death in 2018, is the legacy still
effective?
ART. 937 NCC.

D is the debtor of T in the amount

of P1M; P200K and P500K which he
incurred from T in a span of 10 years.
In 2016, T made a will stating: “I
remit ALL the debts owed to me by
D”. In 2017, D again borrowed several
times from T in the amounts P1M;
P150K and P250K. On T’s death in
2018, D claims that ALL his debts have
been remitted by the testator.
ART. 938 NCC. LEGACY TO
CREDITOR
1. T owes C P1M. In his will executed
in 2015, T said: “I give C a legacy
of P1M in cash”. How much will C
get on T’s death in 2017?

2. Suppose T said: “I give C a legacy

of P1M in cash to be applied to my
credit”. On T’s death in 2017, how
much will C get?
ART. 939 NCC.
T executed a will on Dec. 20,
2016 which reads: “I believe I owe X
P1M, hence, I order my estate to pay
him P1M in cash.” T died on January
2, 2018.

1. What is the effect if the T did not

owe X P1M?

2. What is the effect if the T only

owed X P500,000.00?
ART. 944 NCC.
Legacy for education lasts until
the legatee is of age, or beyond the age of
majority, in order that the legatee may
finish some professional, vocational, or
general course, PROVIDED he pursues his
course DILIGENTLY.
Legacy for support lasts during
the lifetime of the legatee, if the testator
has not otherwise provided.
Amounts of legacies not fixed by T
shall be fixed in accordance with the
social standing and the circumstances of
the legatee AND the value of the estate.
 INTESTATE SUCCESSION

ART. 968 NCC. ACCRETION

A, B, C are legitimate brothers of D
who died without a will; A predeceased
the decedent; estate is P9M
(+)A P3M

P3M
D B P1.5M
P3M
C P1.5M
WITH REPRESENTATION:
D’s estate is P900K; A, B, C are
children of D who died with a revoked
will;
D
a. predecease
R
b. incapacity
c. repudiation
A P300K B C
P300K P300K
A P150K

P150K X Y P150K
2. GF
Estate is P10M

(+ 2000) F M P10M

D (+ 2003)
3. D X Y (+1999)
(+2000) (+1998)

A B (+1997)
P10M

X and Y are brothers of D C

Estate is P10M
Who will inherit from D?
ART. 969 NCC. REPUDIATION OF
INHERITANCE
D
Estate = P1.2M

A B C

W X Y Z
1. A, B, C repudiated their inheritance.
2. Only C repudiated his inheritance.
3. A, B, C predeceased the D.
4. A predeceased the D.
 ARTS. 976/977 NCC
Estate of A = P10M
D (+2016)
Estate of D = P20M

X
P10M P10M
(+2014) A B

P10M X Y - repudiated his inheritance

P5M from A.
P5M

Z
ART. 979/980 NCC. CHILDREN INHERIT
IN THEIR OWN RIGHT
(+) (+) (+)
S D T
(1st marriage) (2nd marriage)

A B C X Y
P2M each

Estate = P10M
ART. 983 NCC. LEGITIMATE CHILDREN
WITH ILLEGITIMATE CHILDREN
OF DECEDENT

P D P12M
S Estate is P72M
P72M/2= P36M leg.
P18M (FP) P36M FP

B C D E A
P18M (FP) P36M

D Estate is P80K
P80K/2= P40K leg.
P40K FP
X Y A
P20K P10K (FP)
P12K P12K P6K ( FP)
ART. 992 NCC. IRON CURTAIN/
BARRIER
(+)
X

(+)
A B
(leg.) (ill.)

If A dies without any descendant

and with B as the only surviving
relative, will B inherit from A?
RELATE TO ART. 902 NCC. RIGHTS
OF ILLEGITIMATE CHILDREN
D (+2017)

(+2015) A B (+2016)
(leg) (ill)

Art. 992 Art. 902

W X Y Z
(leg) (ill) (leg) (ill)
 That’s all
Folks!!!

Thank you for listening…