 if such property exists at the time of testator’s death

 In the legacy for education and support, it talks about social standing but in FC 194, it’s financial resources.
These are my problems. Do these legacies of support and education come from the FP, or is it a debt of the
estate?
 Personal pension – demandable at the time of testator’s death
 947: If the legatee dies after the testator, the thing goes to his estate.
o There is no right of representation in testamentary succession—it’s only available as to the legitime.
 911: used when legitime impaired and bequests exceed
 950: used when reduction is due to other reasons, such as arithmetical errors
 955: you cannot accept what is gratuitous and renounce what is onerous
 A legatee can renounce his legacy and accept legitime, vice versa, or both.
 IF legacy renounced, Substitution  accretion  intestacy
 958: imperfect description

LEGAL/INTESTATE SUCCESSION

 The presumed will of the decedent

 Rule of proximity of degree: The closest exclude the more remote without prejudice to representation
o Exceptions:
 Right of representation
 Rule of preference of lines
 Those in descending line will exclude those in ascending line
 Relatives in direct line are preferred over those in the collateral line
 Reserve truncal
 Rule of relationship: They must be related to the decedent
o Jus familae: ascendants and descendants (direct line)
o Jus sanguinis: collaterals
o Jus conjugis: SS
o Jus imperiti: state
 Rule of preference of lines: Descendants > Ascendants > Collaterals
 Rule of equality among those in the same degree. Exceptions:
o Rule on preference of lines
o Legitimate vs illegitimate filiation
o Rule on division in the ascending line
o Between full blood and half blood siblings and nephews and nieces
o Right of representation
 No right of representation if renounced/repudiated.
o First, go to descending line, all the way down until there is somebody. The child will inherit in his own
right.
o If there is nobody left in the descending line, go to the ascending line.
o If none, it is only then that collaterals will have right to succeed.
 Representation
o predecease
o Incapacity unworthiness
o Disinheritance
 In intestate succession, you get the WHOLE intestate share
 An adopted child may not represent his adoptive parent and may not be represented in the inheritance of the
adopted parent.
 By way of exception, representation is available in the collateral line only if the deceased is survived by siblings.
A nephew may represent the deceased’s dead brother.
 If it’s by representation, the grandchildren inherit per stirpes. IF its nephews or nieces, they inherit per capita
(975)
 IF the decedent is LC, the ranking is
1. LC/LD

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 2. LP/LA
3. IC
4. SS
5. B/S
6. N/N
7. Aunts and uncles
 If decedent IC, the ranking is
1. LC/LD
2. IC
3. IP
4. SS
5. B/S (must also be illegitimate, may be half-blood)
6. N/N
o In illegitimate succession, no other collateral relative is called. Unlike in legitimate succession, up to the
5th degree!
o Based on commentators, not expressly provided in law
 190 modifies 984 by allowing adoptive parents to get the other half, but the biological parents get the strict
legitime.
o Balane: repealed by Sec. 17 and 18, RA 8552
 When will adoptive parents inherit?
o If they concur with biological parents
o IF they concur with IC or SS, the DFP goes to adopters
o IF they concur with IC and SS
o If they’re the only ones alive and no other heirs
 In all other cases, adoptive parents are excluded from the intestate estate of the adopted child.
Collateral blood relatives will exclude adopters.
 992: iron curtain – representation and intestate succession
o Reason: conclusive presumption of animosity between legitimate and illegitimate relatives (Manresa)
 A pending petition to the SC questions the iron curtain rule
 Do you believe there is a conclusive xxx? Or do you have to prove first that there is animosity
o Obiter in Suntay, which allows the IC to prove that they get along
 Corpus v. Administrator: illegit child cannot inherit from illegit uncle
 The Civil Code does not provide a set of rules for succession to an IC
 For SS to succeed, it must have been terminated by the death of spouse. If void, wala. If proceedings to declare
nullity ongoing, they must continue to determine
 Collateral relatives are not compulsory heirs. They inherit only in absence of ANY ASCENDANT/DESCENDANT.
o Except: Brothers and sisters, nephews and nieces concur with SS
 What is difference between halfblood and step-relative?
o Nothing goes to step-relative. They are a stranger
 Noynoy is survived by half-sisters. He inherits from his father.

COMMON PROVISIONS TO TESTATE AND INTESTATE SUCCESSION

 Accretion
o Does not happen in legitime. If one renounces, the rest get additional legitime, not accretion.
 When there is vacancy in testamentary succession, there are ff remedies
o Substitution (FDP) IF not A then B
o Right of representation (strict legitime) but it cannot be used in the DFP, so out na yun! It’s the only
remedy in strict legitime.
 Say DFP is a parcel of land. T: I want A and B to get it (making them co-owners). If no substitution and A vacates,
the whole parcel of land goes to B.
o No accretion if earmarked: A gets north portion, B gets south portion.
o Accretion: Give my bank accounts to A and B
o No accretion: Give my peso accounts to A and dollar account to B

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 Accretion is premised on the presumed intention of T to favor A and B. But T can say there is no accretion.
Different from donation where the T must say there is accretion.
 In intestate succession, representation exists because everything is by operation of law. What happens if one
vacates? Representation might not fill up whole. Accretion will now come in
 Be careful in 1018. IT’s applicable only if the repudiator is a voluntary heir. They cannot be compulsory because
no accretion in legitime.
 1019:
o A: 50%
o B: 15%
o C: 20%
 If A should die B and C will get accretion in those proportions
 If B and C die A will get 50 of that
 Chavez v. Mang Oy: Oral partition is valid as long as it does not impair each other’s legitimes.
 Quantitatively and qualitative
 1086: essentially indivisible, give the Amorsolo painting to one heir who is now obligated to pay everyone else in
cash OR sell it all in public auction and divide proceeds
o Cf. 1080: essentially divisible, but the T wants it to remain intact
 1088: redemption among co-heirs – redemption price is always the sale price
o Cf. 1620 redemption among co-owners – redemptioner pays reasonable price
 1097: voidable partition because of vice of consent, or rescissible because of inequitable conditions
 Lesion (1101): my legitime is 100, I only get 75, so I ask for rescission. Co heirs will either pay me or re-partition

MARCH 9, 2020

OBLIGATIONS AND CONTRACTS

 Book IV is incorrectly called Obligations and Contracts when it should just be Obligations. Contracts is only one
source of obligation.
 Obligations = oblig ligare: tie together
 Art. 1156 – from the point of view of the debtor
 1177 – rights of a creditor: specific performance, accion pauliana, levy and attachment
o What all creditor’s rights are based on in case of breach
 Offer + acceptance = consent
 No need for an obligation to be in writing because consent is the controlling doctrine. The requirement of form is
only for enforceability not validity between two persons.
 Principle of autonomy of will is now subject to several restrictions: LPOPPMGC (Art. 6, 1306, 1409)
 Essential requisites
o Active subject - creditor
o Passive subject – debtor
o Object or prestation – activity (e.g. the “object” in a sale of a car is the delivery of the car not the car
itself)
o Vinculum juris – gives the creditor the power to bring you to court; no contract or unenforceable
contract means no vinculum juris
o Causa – quid, what is owed why is owed
 You cannot say “I promise to tell you something.” You can say “I promise to sell you my car.”
 Civil obligation vs quasi-contract: in a QC there is no consent
 In a natural obligation, the debtor is not pasaway. He cannot sleep at night because he has not paid, even if the
debtor has already waived.
 Starbucks makes a public offer with the sticker book. This becomes a source of obligation. If you find my dog I
will pay you P10,000.
 1159: expresses autonomy of will – “force of law”: strict compliance, “good faith”: equity
 Trend of GF:
 If you are going to deliver a car, dapat kasama lahat ng gulong, ang manobela, ang upuan!
 What if failure to give specific thig? Specific performance, rescission, equivalent performance

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 1189: If prior to delivery, what if there is loss, deterioration or improvement?
o Make a table: Loss, improvement, with fault of debtor, without fault of debtor, effects, damages
LOSS DETERIORATION IMPROVEMENT
Without fault of debtor Cf. 579
Through fault of debtor

 To give generic thing: equivalent performance (damages), substitute performance (someone else will do it)
 1167 does not discuss an oblig that is highly personal – the only thing Sarah G can be made to do if she doesn’t
want to perform is to be liable for damages
 Not to do/give – may be fulfilled by being undone by a third party or damages
 Equivalent performance = damages
 1170: catchall provision – contravention of tenor
 1171: dolo incidente – malice or subsequent fraud; the obligation remains valid but the creditor may demand
spec performance
o Rona delivers furniture made of plywood instead of narra out of malice. Legarda can ask her to
specifically perform
 1338: dolo causante – pre-exists the obligation; inciting to enter into an obligation
o Rona: I have narra trees and I can make the furniture for you – can be annulled + damages. Legarda
would not have entered into the contract if rona had not incited her to do so/deceived her. There was
vitiation of consent
 Negligence: culpa, characterized by lack of care or due diligence
 Standard of care
o Mr. Young has a business to transport by vessel things for other people. Usually construction materials.
One day the rector of UST the Vatican is going to lend us the pieta. What is the standard of care??? HE
will tell his whole crew mamatay kayo wag lang ito matira. Cover it with your bodies. It is a matter of
persons, time and place. Vatican lawyers may even stipulate against fortuitous event.
 What is the effect of negligence? If the construction materials are not delivered, there may be specific
performance, substitute performance at Young’s cost, or rescission and damages
 When it comes to delay, no matter how brilliantly executed, the debtor will be liable.
 Three kinds of delay
o Mora solvendi
 Requires demand, except:
 when the obligation or law expressly declares that there is no need for demand
 when time is a controlling motive (e.g. wedding day)
 when demand is useless because obligor has rendered it beyond his power to
perform (e.g. A sells B manga plantation to be delivered at a certain time. Then A sold
to C, a buyer in GF, the fruits)
o Mora accipiendi – creditor refuses to accept w/o just cause
o Compensatio morae – both in delay so that’s offset
 When is the debtor not liable for loss?
o Fortuitous event except: delay or promised to deliver to two or more persons 1165 (3), specified by law,
express stipulation, act of creditor (1174),
 1177 talks about:
o Accion subragatoria (the debtor of my debtor is my debtor),
o accion directa (relativity of contracts)
 lessor against sublessee
 neighor of indpt contractor against owner - 729
 principal against subagent - 1893
 1608
o accion pauliana
 Kinds of obligation

1. Pure [1191(1)]
a. Demandable at once, but the court can fix a period

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 b. “past event unknown to parties” must be proven
2. Conditional [1179(2), 1181, 1184]
a. Suspensive – condition precedent or antecedent
i. Jan 2020: Lolo says “I will give you a rice plantation if you pass the Bar”; April 2021: You
pass the bar. Even if he dies beforehand, the donation inter vivos retroacts. It does not
form part of his estate. This principle is stated in 1187 but it does not answer if your lolo
has to deliver the fruits of the land
ii. 1188 (2): If your lolo gives it by mistake in March, he can get everything back. So the fruits
belong to the debtor. The right to fruits is not within the principle of retroactivity of
conditional obligations
b. Potestative suspensive
i. Dependent on will of creditor-VALID.
ii. Sole will of debtor-VOID. “I will give you my car if I decide to go to US”
iii. Casual – partly upon chance or will of a third person “I will give you my car if your
racehorse wins.” Up to the horse
iv. Mixed – partly upon chance + partly will of third person + partly will of debtor, I will give
you 10M if you beat Serena Williams in tennis
c. Resolutory – condition subsequent, results in extinguishment of rights
i. “If you do not get pregnant within 2 years”
ii. “I will lend my car to you until you have taken the Bar exam” The obligation to lend is
immediately demandable. As soon as you finish taking the bar, you have to return the car.
iii. 1191: if there is a breach, the breach is the resolutory condition which extinguishes the
oblig. The obligation is RESOLVED. It is ENDED. No need to show there is no other remedy
and no need to go to court, unless of course you are brought to court.
1. Compare with rescission due to economic prejudice, there must be proof that
there is no other recourse.
iv. What is effect of resolutory solely dependent on will of debtor? You decide to never take
the Bar. This is still valid. Mag away kayong magkapatid. That’s why you should set a time
limit. The kuya go to court to set a time limit
d. Doctrine of constructional compliance – prevention of compliance by the creditor
e. 1183: An impossible condition annuls the oblig. Different in donation or succession where it is
deemed as not imposed.
i. Divisibility - Young: I will give 10M to Rona if she finds out the name of the man fucking my
gf. I will give her another 10M if you kill him. First part valid, second part not.
f. Conjunctive – several, either all or only one must be fulfilled
3. Term
a. Suspensive
b. Resolutory
c. When does debtor lose right to make use of period? Memorize 1198.
d. Source of term: voluntary, legal, or judicial
4.