Substitution of Heirs: Relevant Provision

WILLS AND SUCCESSION l Atty.
Ferdinand Gujilde l For the exclusive use of EH 404 2016-2017
SUBSTITUTION OF HEIRS 4. Charges and conditions imposed upon original heir are
likewise imposed on the substitute.
DEFINITION
Reason: The intent of the testator is to put the original heir and
Relevant provision the substitute on equal footing.
Article 857. Substitution is the appointment of another heir so that he
may enter into the inheritance in default of the heir originally instituted. XPN: Unless expressly provided otherwise or when such charges
and conditions are personally applicable to the original heir only.
Defect in codal definition of substitution
“In default of the heir originally instituted” – is defective as it is only Example: I institute A provided he qualifies in the US Open after I
sufficient insofar as simple substitution is concerned. This is because it die. B is the substitute who has no limbs. If A predecease me, B
does not apply in fideicommissary substitution as in such case, both the is not required to qualify in the US Open. Here, the condition will
first and second heirs inherit. They inherit: then be deemed not imposed.
 Simultaneously – insofar as the right to succeed is concerned KINDS OF SUBSTITUTION

 Successively – insofar as the enjoyment and possession of the
property are concerned. Relevant provision
Article 858. Substitution of heirs may be:
Better definitions: 1. Simple or common – sustitucion vulgar
2. Brief or compendious – substitution brevilocua or compendiosa
1. Designation by the testator of a person or persons to take the place 3. Reciprocal – sustitucion reciproca
of the heir or heirs first instituted. 4. Fideicommissary – sustitucion fideicomisoria
2. Substitution is a disposition by virtue of which a third person is
called to receive hereditary property in lieu of or after another SIMPLE OR COMMON SUBSTITUTION
person. Relevant provision
Sir: The part “in lieu of or after” will already suffice so as to cover Article 859. The testator may designate one or more persons to
fideicommissary substitutions. substitute the heir or heirs instituted in case such heir or heirs should
die before him, or should not wish, or should be incapacitated to accept
Can the Articles on institution apply? the inheritance.
Yes, except insofar as they are modified by the chapter on substitution,
since substitution is nothing but a secondary institution. A simple substitution without a statement of the cases to which it refers,
shall comprise the three mentioned in the preceding paragraph, unless
TN: There may also be substitution of legatees and devisees. the testator has otherwise provided.
Purpose of substitution Simple substitution

Where the second heir takes the inheritance in default of the first heir
1. To prevent the property from falling into the ownership of people by reason of:
not desired by the testator. 1. Predecease
2. To prevent the effects of intestate succession 2. Renunciation or repudiation
3. To allow the testator greater freedom to help or reward those who 3. Incapacity
by reason of services rendered to the testator are more worthy of
his affection and deserving of his bounty that intestate heirs. Example: A instituted B as heir, and stated in his will that in case B dies
ahead of him, another person, C, will substitute B.
SUBSTITUTION OF HEIRS, CHARACTERISTICS
Important: The designation must always be express.
1. Applies only to the free portion and must not in any way
burden the legitime. Are these the only grounds?
Yes. These are the only grounds, as they are expressly provided for by
Reason: It is only the free portion because it is in the nature of a law.
condition and you can never impose a condition on the legitime.
SIMPLE SUBSTITUTION, INSTANCES
2. Designation of substitute must always be express, not
necessarily the cause or instance by which substitution 1. Designation of substitute in case original heir repudiates,
takes place. is incapacitated, or predeceases
TN: If you do not specify the cause by which substitution takes Example: I designate A, in case he predeceases me, B substitutes.
place, it could be either of the three – Repudiation, Incapacity, or
Predecease (R.I.P.). Q: What if, he did not predecease me but instead he repudiates,
can the substitute be an heir?
3. Substitute is the heir of testator, not the original heir.
A: No, because it is very specific, “in case he predeceases me”.
Example: I institute A as heir, B as substitute who has a child C. Otherwise, there will be no difference with the 2nd instance below.
If I die August 9, but A renounced on August 10 and B died on
August 11, can C get anything from my estate? 2. Designation of substitute without cause
Yes. B inherited from me, in effect C inherits from B. Example: I designate A original heir and B substitute.
1|U N I V E R S I T Y O F S A N C A R L O S
WILLS AND SUCCESSION l Atty. Ferdinand Gujilde l For the exclusive use of EH 404 2016-2017
Sir: Here, I did not specify so whatever is the cause, B is always (b) Equal shares
the substitute. The default is RIP (repudiation, incapacity,
predecease). It is deemed that all of them are grounds and the Example: I institute A to ½ and B to ½, if one of them
happening of one of them would result to substitution. repudiates, is incapacitated or predeceases me, the other gets
the share.
TN: In the case of simple substitution, the one who predeceases or is
incapacitated or renounced his share is the original heir which was 2. Under the second paragraph of Article 861
instituted by the testator.
If there are more than one substitute, they shall have the same
Q: What is the effect if the substitute is the one that predeceased or share in the substitution as in the institution.
incapacitated or renounced his share [RIP]?
TN: “Same share” actually means ‘same proportionate share’.
A: The original heir still inherits. Otherwise, it results in intestacy or absurdity.
BRIEF OR COMPENDIOUS SUBSTITUTION Discussion on the absurdity of the 2nd par

If we construe this sentence literally, it can result in instances of partial
Relevant provision intestacy or absurdity.
Article 860. Two or more persons may be substituted for one; and one
person for two or more heirs. Example: A decedent stated in his will that the following heirs would
receive his P180, 000 inheritance in the following manner:
Brief and compendious substitutions
While brief or compendious substitutions are used synonymously or A— 120,000
interchangeably, technically, they are different: B— 20,000
C— 40,000
A. Brief substitution – when two or more take the place of one.
The testator further stated that a reciprocal substitution would exist
Example: A is an instituted heir, and B and C are his substitutes. between the three heirs.
B. Compendious substitution – when one takes the place of two Later on, A is unable to inherit and died. A’s share (120,000) will now
or more. be distributed to B and C by reason of the reciprocal substitution. This
will not be distributed equally, but must be in the same proportion as
Example: A and B are instituted heirs, and C is the substitute. the original institution (B: 2/18; C: 4/18). This means, C gets two more
shares than B.
Important: This type of substitution is really a variation, either of the
simple or fideicommissary substitution. For instance, in example (A), in The 120,000 will not be divided by 2, but instead will be divided by 3.
case of predecease, repudiation or incapacity of A, the other two will Then multiplied by 2 to get C’s share.
take his place. Here, we have an example of the variation of the simple
substitution. 120,000 / 3 = 40,000 (B’s share)
40,000 * 2 = 80,000 (C’s share)
Sir: The two terms are used interchangeably but they aren’t quite the
same thing. ’Compendious’ means abbreviation; shortened; digested. Summary:
A—*deceased*
B—20,000 (through institution) + 40,000 (through reciprocal
RECIPROCAL SUBSTITUTION substitution) = 60,000
Relevant provision C—40,000 (through institution) + 80,000 (through reciprocal
substitution) = 120,000
Article 861. If heirs instituted in unequal shares should be reciprocally
substituted, the substitute shall acquire the share of the heir who dies, Total—180,000
renounces, or is incapacitated, unless it clearly appears that the
intention of the testator was otherwise. If there are more than one Sir: Partial intestacy results to absurdity because you are not distributing
substitute, they shall have the same share in the substitution as in the the entire portion which should have been given to the substituted heirs.
institution.
May charges and conditions be imposed on the instituted heir?
Reciprocal substitution, essence. Yes, provided that these are the same charges imposed by the testator
The essence of reciprocal substitution is that the instituted heirs are also to the original heir.
made the substitutes of each other.
Except:
Reciprocal substitution, instances. 1. When expressly provided for by the testator; or
2. The imposition and charges were intended only for the original heir
1. Under the first paragraph of Article 861 due to personal qualifications.
TN: Even if this article only talks about unequal shares, it likewise
contemplates equal shares.
(a) Unequal shares
Example: I institute A to 2/3 and B to 1/3, if one of them

repudiates, is incapacitated or predeceases me, the other gets
the share unless testator intends otherwise.
FIDEICOMMISSARY SUBSTITUTION transmit or transmit the property, not necessarily preserve. Both
must concur – preserve and transmit.
Relevant provision
Article 863. A fideicommissary substitution by virtue of which the 3. There must be a second heir.
fiduciary or first heir instituted is entrusted with the obligation to 4. The 1st and the 2nd heirs must be only one degree apart.
preserve and to transmit to a second heir the whole or part of the 5. Both heirs must be alive (or at least conceived) at the time of the
inheritance, shall be valid and shall take effect, provided such testator’s death.
substitution does not go beyond one degree from the heir originally
instituted, and provided further, that the fiduciary or first heir and the Sir: At least one must be conceived, otherwise no one will take care
second heir are living at the time of the death of the testator. of the property, preserve, and transmit later.
6. It must be made in an express manner.

FIDEICOMMISSARY SUBSTITUTION DEFINED
7. It must not burden the legitime.
8. It must not be conditional.
Fideicommissary substitution
Otherwise referred to as indirect substation. It is that by virtue of which Reason: The duty to preserve and transmit is in itself a condition and
a testator institutes a first heir and charges him to preserve and transmit if you impose another condition, it becomes something else. It
the whole or part of the inheritance later on to a second heir. becomes a simple substitution.
Purpose 1st requisite – There must be a first heir

Prosperity and prestige of the family, bearing in mind lack of intelligence,
weakness of character, vanity & prodigality of second heir.
1. Any capacitated individual (either a compulsory or voluntary heir)
2. Must accept such institution
Sir: If you try to read again the provisions and the annotations, you
3. Must preserve and later on transmit the property at:
would realize that indeed when you say “one degree,” it really means
‘relationship’. It is not ‘one transfer’. It’s really about relationship. (a) The time provided by the testator
(b) If the testator is silent – upon the death of the first heir.
Parties to a fideicommissary substitution
Sir: “The intent of the testator comes first before the death of the first
1. First heir or fiduciary – one who has the obligation of preserving heir. If the testator did not fix a time, the default period is the death of
the property and transmitting the same to the second heir. the first heir” (Sir likes this phrase – “default period”)
2. Second heir or fideicommissary – one who eventually receives the
property. He is not a mere trustee
Because while he also administers, he carries out not another’s wishes
3. Testator or fideicomitente but his own, insofar as management is concerned. Also, he enjoys the
use and the fruits, unlike a trustee.
Example: Tanya institutes Feds as first heir. The will states that Feds
should preserve and transmit later on the estate to Bads, who is Feds’ He is more like a usufructuary
son. (It is clear here that upon Tanya’s death, Feds will inherit. Later on,
he will just have to deliver to Bads the property who has also inherited Similarities
as second heir) A. He has the right to enjoy the property
B. He is bound to make an inventory to know what properties he must
Important: In fideicommissary substitution, both heirs inherit the preserve and transmit.
property or right to it simultaneously, although the enjoyment and C. He cannot alienate the same
possession are successive. D. The first heir will have to be reimbursed for the legitimate
expenses, credits and improvements incurred for the time it was in
Difference between simple substitution and fideicommissary his enjoyment and possession.
substitution
Differences
A. Unlike a usufructuary, he is not required to post a bond.
Simple Substitution Fideicommissary
B. Unlike a usufructuary, he is entitled to refund of useful
Substitution
improvements insofar as an increase in value is concerned
Only one heir inherits Both heirs inherit Alienation of the property by the first heir
The first heir cannot alienate the property because this will just later on
Known as ‘alternative be given to the second heir.
succession’ (because the Simultaneous succession;
substitute heir can only although enjoyment and Questions:
succeed if the original heir possession is successive
cannot do so) 1. What if the first heir sold the property – what is the effect?
A: It would depend. Purchaser for value and in good faith will be

Requisites and limitations of the fideicommissary substitution able to trust on what is written in the Torrens title and if the title
1. There must be a first heir. does not contain the interest of the second heir, he will not be able
2. There must be an obligation clearly imposed upon him to preserve to recover the property.
and transmit the property to the 2nd heir.
If no such registration is made, the buyer no matter how innocent,
Sir: The challenge there is how to distinguish between the acquires merely the seller’s right, hence holds it subject to the
obligation to preserve and transmit and probably some advice or substitution with the duty himself of preserving and transmitting
recommendation to preserve the property, not necessarily to (Paras 2016, p. 242).
2. Can the second heir still recover the property? What is the nature of the ownership of the 2nd heir?
Yes, if it is not registered in time. He is a sort of naked owner. Upon transmission to him of the property,
full ownership is consolidated in him.
3. If you’re the second heir, what is your argument against the buyer
in good faith if you want to recover the property, aside from no TN: While the first heir is almost like a usufructuary (although not
registration? entirely usufructuary in the strict sense of the law).
That he cannot be considered a buyer in good faith because he Must be capacitated to succeed the testator
should have gone beyond the title of the first heir. Since the second heir inherits not from the first heir but from the
testator, said second heir must be capacitated to succeed the testator
Sir: I think there’s an update here. If you buy a property, you and not the first heir.
cannot be limited to the TCT. You have to investigate further.
4th requisite – First & second heir must be one degree apart
2 requisite – There must be an obligation to preserve and
rd
transmit the property to the second heir Meaning of “one degree”

1. Natural person – one degree refers to generation
The obligation must be given clearly and expressly 2. Juridical person – one degree means one transfer; nothing
Naming it fideicommissary substitution does not suffice. All requisites intrinsically wrong. The effect is that it can be a juridical person.
must be present as it not the title that is controlling but the body. Sir: You go back to the purpose, it’s really the natural person. But
of course, you can argue either way. It’s how you justify.
If the obligation is merely to preserve and deliver, can you
alienate the property as first heir? Can a juridical person be instituted as second heir?
No. There is no specific prohibition under the law. Hence, it is not intrinsically
invalid despite the fact that the purpose of fideicommissary substitution
What if you alienate? is to preserve the property within the family.
It would depend if you were able to register it under the Torrens system.
In case the first heir succeeds in registering the property as Can it be argued that anyway that it is the intention of the
unencumbered in the Torrens system, innocent third parties should not testator that the 2nd heir be the corporation?
be prejudiced. But if no such registration is made, the buyer, no matter Yes, but that would no longer fall under fideicommissary substitution
how innocent acquires merely the seller’s right. because the requisite for fideicommissary constitution is the 2nd heir
must be within one degree in relation to the first heir.
Moralejo v. Maquiniano
Sir: That’s the beauty of statutory construction. It could be construed
Tanya instituted Feds as heir to receive a parcel of land, with the either way. You could be literal or liberal. If you want to liberalize, you
condition that he must not alienate it but preserve it instead for his can go as far as one degree means one transfer. But to me, a juridical
children. However, Feds sold the property to Bads, without the latter person cannot be a second heir because the purpose of fideicommissary
knowing of the condition. When Feds died, his children brought an action substitution is to preserve the property within the family and somebody
to recover the land from Bads. Will it prosper? is not yet able to handle the property. You can’t say that a corporation
is not mature enough to handle a property. Somebody more mature can
A: Yes, in view of the testamentary reservation in favor of the children. take care of the property for future delivery to that person. It must be
This is true even if Bads was in good faith as he merely acquired Feds’ a natural person.
right. Thus, applying the principle of caveat emptor (let the buyer
beware), the sale to Bads was valid, subject to the testamentary Important: It depends on how you argue but for sir, one degree refers
reservation. to generation and the second heir must thus be a natural person.
Important: However, if Feds succeeding in registering the property Second heir may predecease the first heir, but neither must
under the Torrens system, Bads takes the property free from all liens predecease the testator
and encumbrances. Consequently, the children cannot recover the Such that if the second heir predeceases the first heir, it extinguishes
property. Their only right is to recover from the Assurance Fund or get the fideicommissary substitution.
reimbursement from their father’s estate.
Illustration:
3rd requisite – There must be a second heir Testator died in 2000. First heir died in 2020. Second heir died in 2015.
When the first heir dies in 2020, who between the heirs of the first and
Who’s that second heir? second heir is entitled to the property?
It must be someone who is one degree apart from the first heir.
A: Heirs of the second heir. At the death of the testator, both the first
Sir: Take note, the first heir can be anybody for as long as that anybody heir and the second heir succeeded simultaneously, only that the
is desired by the testator. But the 2nd heir, could that be just anybody? possession of the property is successive. At the time the testator died,
the second heir already had a right over the property. When the second
A: No, because he must be one degree apart from the 1st heir (i.e., his heir predeceased the first heir, the property becomes part of his estate
parent or his own child). Again, fideicommissary substitution is allowed which he can give to his heirs.
because you might want to give a property to somebody who is not yet
capable of handling the property. Important: The one-degree-apart requirement no longer applies. This
is because the heirs of the second heir will not get the property from A
If what we’re saying is he’s not yet capable of handling the but they will get it from B as in ordinary succession.
property, are we looking at a minor here?
It can be a minor. It can also be not a minor but who is not mature yet.
Important: Whether a person is mature or not depends upon the

testator’s viewpoint.
5th requisite – Both the first and second heir must be alive or Examples:
at least conceived at the time of the testator’s death
(a) Tanya instituted Feds as heir, and allowed Feds to sell the
Reasons: same after his death and designated Bads to whatever
1. To reduce the number of years the property will have to be property remains after X’s death.
entailed.
2. Because the second heir himself inherits from the testator, thus (b) Tanya made Feds his heir. He provided in the will that Feds
he, too, has to be capacitated. would enjoy the property as long as Feds lived, but after his
3. A non-conceived child has no juridical capacity and cannot death, the same should go to Bads.
therefore be given any legal right
Deductions to be made in case of transmittal to second heir
TN: ‘Living’ includes “conceived” because a conceived child is already
considered born for all purposes favorable to it. 1. Legitimate expenses – i.e. necessary repairs and increase in value
by reason of useful improvements (the expenses for useful
Important: “Conceived” only refers to the 2nd heir because the 1st heir improvements are not reimbursable – only the amount to the
must be capacitated at the time of the testator’s death. Both heirs extent of the increase in value)
cannot be conceived at the same time because it defeats the purpose
of the law. Someone has to be mature enough to take care of the 2. Legitimate credits
property, preserve and deliver it to someone who is not yet mature later
on. 3. Legitimate improvements
Both may not yet be conceived at the time of the execution of Important: If the property is destroyed by reason of a fortuitous event,
the will the obligation to deliver is generally extinguished.
However, it is possible that upon the execution of the will, both heirs
have not yet been conceived but at the time of the testator’s death, they 7th requisite – Must not burden the legitime
are already alive.
Relevant provision
6th requisite – Must be made expressly Article 864. A fideicommissary substitution can never burden the
legitime.
Relevant provision
Article 865. Every fideicommissary substitution must be expressly made Reason
in order that it may be valid. The fiduciary shall be obliged to deliver the Because the legitime is expressly reserved for the compulsory heirs. In
inheritance to the second heir, without other deductions than those fact, no substitution of any kind can be imposed on the legitime.
which arise from legitimate expenses, credits and improvements, save
in the case where the testator has provided otherwise. Example: Tanya had an estate of P1 Million. She gave Feds, a friend,
P500k. On the remaining P500k, she imposed a fideicommissary
Important: It does not require that the term “Fideicommissary substitution with her child as first heir. In this case, the son of Tanya
substitution” is stated. It is enough that there is an absolute duty given can completely disregard the substitution since it was imposed on his
by the testator to preserve and deliver the property to the 2nd heir. It is legitime.
not necessary that it be labeled fideicommissary substitution, what
controls is the intention of the testator. What if the testator is so stubborn and imposes the
fideicommissary substitution on the legitime?
Conversely, it does not also suffice to label it as fideicommissary It is considered unwritten and does not affect the institution and
substitution because the other requisites still have to be followed. Thus, substitution.
what controls is the body. It’s whether or not it complies with the
requisites. Important: Fideicommissary substitution is in the nature of a condition.
As such, it cannot be imposed on the legitime. It can only be imposed
Example of a clear and express fideicommissary substitution: on the free portion. Nevertheless, a compulsory heir can be a substitute.
Compulsory heirs can likewise be first and 2nd heirs.
“I institute Mr. Cheung as my heir; to preserve the property during his
lifetime and to deliver it to Ms. Otadoy upon his death.”
8th requisite – must not be conditional
Instances where there is no fideicommissary substitution
The statement to preserve and deliver the property is not a condition
1. If a mere advice, or request is made instead of an obligation. In but an obligation.
such a case, there will be a simple institution of the first heir, and
the second heir gets nothing.
Example: “Pending delivery to Ms. Otadoy, I hope he will not

destroy my property”
Important: The nullity of the fideicommissary substitution does

not prejudice the validity of the institution of the heirs first
designated. The fideicommissary clause is simply considered as not
written.
2. If the obligation is conditional
3. Where there is no obligation to preserve
TESTAMENTARY DISPOSITIONS AKIN TO A: No more, because although a total of only 13 years lapsed,
FIDEICOMMISSARY SUBSTITUTIONS to impose the prohibition for the remaining 7 years on Shiela
would be beyond the limits of Article 863, since Shiela is not a
Relevant provision first degree relative of Feds who originally inherited the
property.
Article 867. The following shall not take effect:
Transcriber’s note: This is where the discussion on substitution ended.
(1) Fideicommissary substitutions which are not made in an express Atty. then jumped to legitime.
manner, either by giving them this name, or imposing upon the
fiduciary the absolute obligation to deliver the property to a PAYMENT OF INCOME OR PENSIONS
second heir.
Important: Attention must be focused on the word “successively”
(2) Provisions which contain a perpetual prohibition to alienate, and
even a temporary one, beyond the limit fixed in Article 863. Example: T instituted A as a sole heir, with the obligation of paying a
periodical income of P20,000 a month to B, and after B’s death to C.
(3) Those which impose upon the heir the charge of paying to various This would be proper provided that B and C are one degree apart and
persons successively, beyond the limit prescribed in Article 863, a both are living at the testator’s death.
certain income or pension.
If the pension would be given to B first, then to C (son of B) upon B’s
(4) Those which leave to a person the whole or part of the hereditary death, then to D (son of C) upon C’s death, this would be very prejudicial
property in order that he may apply or invest the same according to A. Therefore the law, in the problem given, would require him to
to secret instructions communicated to him by the testator. pension only B, then C after B’s death. To require him to pension also D
would be to go beyond the limits of Art. 863.
Purpose of the Article
To prevent conditions which would entail the property for a long time Important: If those to receive pensions will be given simultaneously
and result in a case worse than the fideicommissary substitution. and not successively, it would be permissible to require him to pension
as many people as he could, but of course the total amount should not
PROHIBITION TO ALIENATE go beyond the value of the inheritance, unless of course the heir
consents.
1. Perpetual prohibition
EFFECT OF SECRET INSTRUCTIONS
Example: A gave a devise of land to X, and told him never to
alienate the property. Is the stipulation valid? Example: Tanya made a will giving Feds P1 million to dispose of in
accordance with secret instructions he had given him. If Feds is
Strictly speaking, the stipulation is of no effect, but considering Art. supposed to act only as a middleman or agent, both the secret
870, the same would be valid, but only for the first 20 years. Thus, instructions and the institution are void.
X can sell the land after 20 years, but not before.
Important: Manresa says this provision is intended to prevent the
Sir: Thus there is no such thing as perpetual prohibition as it is still application of the property for purposes not legally sanctioned. However,
limited to 20 years. if Feds was really instituted, this should be ascertained from the
wordings of the will. He will get the property and only the secret
2. Temporary prohibition instructions will be disregarded.
A. In case there is a fideicommissary substitution – the prohibition

RIGHT OF SECOND HEIR PASSES TO HIS HEIRS
to alienate imposed on the fiduciary is allowed even beyond the
20 years, otherwise, there may be nothing to deliver, and the
purpose of the substitution is frustrated. Relevant provision
Article 866. The second heir shall acquire a right to the succession from
TN: This is allowed because there is an assurance that the the time of the testator’s death, even though he should die before the
property will go to the 2nd heir. fiduciary. The right of the second heir shall pass to his heirs.
B. In case there is no fideicommissary substation – the testator Rule if the second heir predeceases the first heir (not the
can prohibit the heir and all those who may inherit from the testator)
latter, for a total of 20 years, provided the same prohibition will The second heir inherits, not from the first heir, but from the testator.
not go beyond the limits imposed by Article 863. Thus, in case the second heir predeceases the first heir, his rights shall
pass to his heirs.
Example: Tanya instituted Feds as his only heir, but prohibited
him and all those who may subsequently inherit from him to Important: While it is permissible for the second heir to predecease
dispose of the property for 20 years. Tanya then died. Feds is the first heir, neither must predecease the testator.
bound not to alienate for 20 years. However, Feds died
thereafter after Tanya. Bads, the son of Feds then inherits the Tanya instituted Feds as first heir, and Bads as second heir.
property. Is Bads bound to respect the temporary prohibition? Tanya died in 2003. Bads died in 2004, leaving a daughter
Shiela. On Feds’ death, will Shiela get the property?
A: Yes, for the next 17 years.
Yes, because on Tanya’s death in 2003, Bads already acquired a right
Suppose Bads dies after 10 years, and the property is in turn to the succession. Thus, notwithstanding his subsequent death, the
inherited by Shiela, his daughter. Is Shiela bound not to property shall go to his heirs upon Feds’ death.
alienate for the remaining 7 years?
EFFECT OF NULLITY OF THE Purpose of the legitime

FIDEICOMMISSARY SUBSTITUTION To protect the children and the surviving spouse from the unjustified
anger or thoughtlessness of the decedent.
Relevant provision
Is there a justified anger? Yes, those that the law provides as grounds
Article 868. The nullity of the fideicommissary substitution does not for disinheritance.
prejudice the validity of the institution of the heirs first designated; the
fideicommissary clause shall simply be considered as not written. Important: If there are no compulsory heirs, it follows that there can
be no legitime. The entire estate is now part of the free portion.
The fideicommissary clause is simply considered not written
Example: Tanya instituted Feds as first heir, and Bads as second heir. If Legitime may be received from two aspects
Bads predeceases Tanya, will Feds still inherit? 1. As a right
2. As the property itself
A: Yes, as instituted heir, notwithstanding the invalidity of the
fideicommissary substitution. The fideicommissary clause is simply Thus, when a person refers to his legitime from his father, he talks either
considered not written. of the right to succeed to a certain portion of the inheritance, or he may
be referring to the actual property itself.
GRANT OF A USUFRUCT
May the compulsory heirs demand that a specific property be
Relevant provision given as the legitime?
Article 869. A provision whereby the testator leaves to a person the
whole or part of the inheritance, and to another the usufruct, shall be GR: Yes.
valid. If he gives the usufruct to various persons, not simultaneously, XPN: If the property is not available
but successively, the provisions of Article 863 shall apply.
A compulsory is entitled to his legitime
Illustrative problems: GR: The testator cannot deprive his compulsory heirs of their legitime.
1. Tanya, in her will, gave to Feds the naked ownership of his house XPN: In cases expressly specified by law, i.e. disinheritance and reserva
and Bads the usufruct. Is this allowed? troncal.
A: Yes, because the naked ownership of the property is distinct and No burden may be placed on the legitime
severable from the use of fruits or the beneficial ownership thereof. GR: The testator cannot impose upon the legitime any burden,
encumbrance, condition or substitution.
2. In the same situation, may the usufruct be given to Bads and
Shiela, a stranger, simultaneously? XPN: The condition that the property will not be divided for a period not
exceeding 20 years.
A: Yes, and in such case, Bads and Shiela would be co-owners of
the usufruct. The law distinctly provides that “usufruct may be Effect of donations
constituted on the whole or part of the fruits of the thing, in favor No person may give by way of donation more than he may give by will.
of one or more persons, simultaneously or successively, and in Thus, even donations inter vivos may be reduced if fund inofficious (if
every case, from or to a certain day, purely or conditionally.” they exceed the free portion). However, any alienation which is for an
onerous or valuable consideration would be proper.
LEGITIME Meaning of “compulsory”

Heirs are compulsory in the sense that the testator cannot disregard
DEFINITION them. However, it does not mean that they are compelled to accept the
inheritance. Compulsory heirs are never compelled to, for no one can be
DEFINITION compelled to accept the generosity of another.
Relevant provision Right of completion of legitime

Article 886. Legitime is that part of the testator’s property which he The remedy of a compulsory heir who has been given less of his
cannot dispose of because the law has reserved it for certain heirs who legitime, is completion of legitime.
are, therefore, called compulsory heirs.
HOW DETERMINED
What do you understand by legitime?
That part of the estate reserved for the compulsory heirs. FORMULA FOR COMPUTING NET HEREDITARY ESTATE
Three systems affecting the legitime Relevant provision

Article 908. To determine the legitime, the value of the property left at
1. System of the legitime (partial reservation) – A part is for the
the death of the testator shall be considered, deducting all debts and
legitime, a part is for the free portion.
charges, which shall not include those imposed in the will.
2. System of total reservation – Everything goes to the compulsory
To the net value of the hereditary estate, shall be added the value of all
heirs, as long as there is at least one.
donations by the testator that are subject to collation, at the time he
made them.
3. System of total freedom of disposition – There is no legitime.
Everything is free.
Formula How value of estate is determined

Property left How is the value of the estate at the time of the decedent’s death
Less (-) Debts and charges determined?
Plus (+) Value of collationable donations
Net hereditary estate If there are judicial Administrator must determine the value
proceedings for the of the estate, with the help of a tax
Example: Tanya died leaving an estate worth P1 million and debts settlement of the appraiser.
amounting to P300k. During her lifetime, she gave a donation to Feds, estate
her legitimate son, worth P500k. When Tanya died, two legitimate sons, The market value should be the basis.
Feds and Bads, survived her. How much is the legitime of each child?
Heirs must determine the value of the
P1 million
estate, subject to the provisions of the
Less (-) P300k
NIRC.
Plus (+) P500k
If there are no judicial
P1,200,000
proceedings The market value shall be the basis.
However, there is a prima facie
The legitime is therefore P600k, to be divided equally between Feds and
presumption that the assessed value is
Bads with each getting P300k. the true market value.
Important: The legitime of Feds is P300k. However, since he has been
given P500k as donation inter vivos, this should first be charged to the
Pagkatipunan v. IAC
legitime. The excess of P200k shall be taken from the free portion which
is P600k, leaving a net free portion of P400k. No conclusions as to the legal share due to the compulsory heirs can be
reached in the case without first:
The charges referred to 1. Determining the net value of the estate
The charges to be deducted are not those imposed in the will like 2. Collating all the donations inter vivos in favor of some of the heirs
legacies, but the charges which, even without the will, would be 3. Ascertaining the legitime of the compulsory heirs
demandable.
DONATIONS TO CHILDREN CHARGED AGAINST LEGITIME
Example: Tanya, with an estate worth P1 million, instituted B, his
legitimate child as heir, but ordered him to give P900k to Bads, a friend. Relevant provision
If the P900k is deducted, the net estate would be P10k, and Feds’
legitime would only be P50k. This is not the intention of the law. Article 909. Donations given to children shall be charged to their
legitime.
Here, the net estate is still P1 million, and the legitime is P500k. Thus,
the charge in Bads’ favor should be reduced so as not to impair the Donations made to strangers shall be charged to that part of the estate
legitime. In other words, Feds would be bound to give Bads only P500k, of which the testator could have disposed by his last will.
since this would be the free portion.
Insofar as they may be inofficious or may exceed the disposable portion,
The debts should be taken only from the estate remaining they shall be reduced according to the rules established by this Code.
without touching the donation
Donations to children
Example: If the remaining estate is P1 million, the debts are P1.2 million, These should first be imputed to or charged against their legitime. If the
and the collationable donations are P500k, how much is the net legitime is not sufficient to cover the donations, the excess should be
hereditary estate? charged to the free portion. If still excessive, they should be reduced so
as not to impair the legitimes of the others.
A: P500k. The donation shall not be held responsible for the debts of
the estate, as the debts should be taken only from the estate remaining. Summary:
1. Charge against the child’s legitime
Value to be collated 2. Charge against the free portion
Should be the value at the time the donations were made and not at the 3. Reduce insofar as they impair the legitime of others
time of the collection.
Illustration:
Reason: Because donation transfers ownership. Thus, any increase in Testator has 2 compulsory heirs, A and B. During his lifetime, T donated
value should be inure to the donee’s benefit. In like manner, in case of to A 800,000. T later died leaving an estate of 200,000.
loss, the donee bears the loss.
Here, the net estate of T is 1M. The legitime is only 500,000. Since,
What is the reckoning period for the value of the entire there are 2 compulsory heirs, the legitime of A is only 250,000.
estate?
The value of the properties at the time of death shall be followed. The donation should first be charged to the legitime. Then, the excess
should be charged to the free portion. In this case, we must first
consumer A’s 250,000 share in the legitime. Now, the remaining 550,000
should be charged to the Free Portion. However, since the Free Portion
is only 500,000, the excess of 50,000 is now considered inofficious and
must be reduced.
Donations to strangers
They may be reduced if found to be inofficious, as when they exceed
the amount set for free disposal.
Should the donations inter vivos to strangers be collated – that Zaragoza v. CA and Morgan, 2002
is, their value be added to the remaining estate in order to find It does not follow that only compulsory heirs must collate. As long as
out just how much the net hereditary estate is? there are compulsory heirs, donations to them as well as to strangers
must be collated.
A: There are conflicting views. 1. Those donated to compulsory heirs must be imputed to their
legitime
Donations inter vivos to strangers 2. Those donated to strangers must be imputed to the free portion.
Sanchez Roman, should not be collated, as collation (for if there values are not to be added, how can we know if the
Scaevola, Manresa speaks only of compulsory heir legitimes have been impaired or not?)
being forced to collate.
DONATIONS TO ILLEGITIMATE CHILDREN
They should be collated, as they should
Falcon, Capistrano, be considered as advances on the free Relevant provision
Supreme Court of disposal, just as donations inter vivos to Article 910. Donations which an illegitimate child may have received
Spain children are considered advances on during the lifetime of his father or mother, shall be charged to his
their legitimes. legitime.
Donations are collationable only when Should they exceed the portion that can be freely disposed of, they shall
the heirs of the deceased are forced be reduced in the manner prescribed by this Code.
Philippine heirs, and when it is proven that they
Supreme Court (citing prejudice the legitime. Also charged against the legitime
Manresa) Rules:
In other words, donations given to A. Donations to illegitimate children are collationable
strangers should NOT be collated. B. They should never impair the legitime of the legitimate children
C. Any donation in excess of the legitime shall be charged to the free
disposal and shall be considered in the same category as donations
Important: Paras believes that the second opinion (Falcon’s) is correct to strangers
as it would be more just that even donations given to strangers are
collationable, as they are advances of the free portion.
ORDER OF PREFERENCE IN THE HEREDITARY ESTATE
Example: A gave B, his legitimate child, a donation inter vivos of Relevant provision
P500,000 and to C, a friend, a donation inter vivos of P1 million. When
A died, his remaining estate was worth only P1 million. Should the Article 911. After the legitime has been determined in accordance with
donation to C be reduced? the three preceding articles, the reduction shall be made as follows:
Answer: (1) Donations shall be respected as long as the legitime can be

covered, reducing or annulling, if necessary, the devises or
Manresa’s opinion (donations to strangers should not be collated): legacies made in the will.
(2) The reduction of the devises or legacies shall be pro rata without
P1 million (estate) any distinction whatever.
+ P500,000 (donation to B)
= P1.5 million (net estate) If the testator has directed that a certain devise or legacy be paid
in preference to others, it shall not suffer any reduction until the
Legitime = P750,000 (half of estate) latter have been applied in full to the payment of the legitime.
Free Portion = P750,000
(1) If the devise or legacy consists of a usufruct or life annuity, whose
Since the donation given to C is more than the free portion, it should be value may be considered greater than that of the disposable
reduced by P250,000. portion, the compulsory heirs may choose between complying
with the testamentary provision and delivering to the devisee or
Falcon’s opinion (donations to strangers should be collated): legatee the part of the inheritance of which the testator could
freely dispose.
P1 million (estate)
+ P500,000 (donation to B) Order of preference
+ P1 million (donation to C) After the net hereditary estate has been ascertained, what should be
= P2.5 million (net estate) the order of payment?
1. Give the legitimes
Legitime = P1.25 million 2. Donations inter vivos
Free Portion = P1.25 million 3. Preferred legacies and devises
4. All other devises and legacies pro rata (in case estate is not
Since the donation given to C does not exceed the free disposal, it should sufficient)
not be reduced.
Important: The reduction should be made in the inverse order of
Absurdity of Manresa’s opinion payment.
When we talk about absurdity it actually refers to the impairment of
legitime, because the legitime should be 1.25 Million but since the Reasons why donations inter vivos are preferred over
donation to strangers is not collated, the legitime will be reduced to dispositions mortis causa
750,000. The legitime is impaired. Hence, the absurdity refers to the 1. Because they were made first, showing preference in the
impairment of legitime. generosity of the decedent. Priority in time is priority in right.
2. Because donation is a bilateral act, there should be acceptance on The legitime of B is P500,000 and this will be impaired if the
the donee’s part, while a disposition mortis causa is in a sense, legacies are allowed to stand. We should therefore apply Art. 911
unilateral. and divide the properties in this way:
3. Because donations are generally irrevocable.
(1) B gets P500,000 (legitime)
Preference among donations (2) C gets P300,000 (preferred legacy)
If, there being two or more donations, the disposable portion is not (3) The remaining P200,000 will be given to D and E
sufficient to cover all of them, those of the more recent date shall be proportionately.
reduced (first come, first served).
The law says, “The reduction of (said) legacies shall be pro rata,
However, if the dates of the donation are the same – they shall be without any distinction whatsoever.’’ Since D’s proposed legacy is
reduced proportionately. P150,000 and E’s is P100,000, the ratio is therefore 3:2, that is, 3
parts will go to D, and 2 parts will go to E.
What if the donations are given at the same day but at different
times? One in the morning and one in the afternoon? Therefore:
Then, the one made in the morning is preferred. In the deed of 5 parts = 200,000
donations, there is no time specified but in the notarial book of registry,
there is. To get 1 part:
200,000/5 = P40,000
Cross reference with article 950.
In this article, there are no compulsory heirs and no officious donations. Thus, share of D as his legacy for support:
3 parts x 40,000 = 120,000
Relevant provision
Article 950. If the estate should not be sufficient to cover all the legacies Thus, share of D as his legacy for education:
or devises, their payment shall be made in the following order: 2 parts x 40,000 = 80,000
1. Remuneratory legacies or devises The legacy to D has been reduced by P30,000, and the legacy to E
2. Legacies or devises declared by the testator to be preferential has been reduced by P20,000.
3. Legacies for support
4. Legacies for education RESUME:
5. Legacies or devises of a specific, determinate thing which forms a Payment of the 1M Net Estate
part of the estate B — P500,000 (legitime)
6. All others pro rata. C — 300,000 (preferred legacy)
D — 120,000 (support)
(KEYWORD: RPSESA) E — 80,000 (education)
What do you mean by remuneratory devises or legacies? TN: All others pro rata simply means something that is not
It means onerous dispositions or something that requires consideration. preferred by the testator.
Remuneratory means a form of compensation. It is a moral obligation.
It means you want to give back to somebody who made a difference in 2. Property Left = 800,000
your life. Those which the testator gives because he feels morally Net Hereditary Estate (E) = 1M
obliged to compensate certain persons, for services which do not
however constitute recoverable debts. A – Remuneratory legacy 200,000
B – Legacy for support of 100,000
What do you mean by legacies or devises of a specific, C – Legacy for education 100,000
determinate thing, which forms a part of the estate? D – Other legacies of 100,000
E – Compulsory heir
A: It is not necessary that you should own that specific and determinate F – Donation inter vivos of 200,000
thing. If you do not own it yet, you can ask somebody to buy and give
it to a voluntary or compulsory heir. Payment of the 1M Net Estate:
E – Legitime of 500,000
Is there now a conflict between Art. 911 and Art. 950? How do F – Donation inter vivos of 200,000
you harmonize?
None. As there are no preferred legacies, free Portion of 300,000 goes
to “all other devises and legacies pro rata”:
ART. 911 APPLIES ONLY WHEN THERE ARE COMPULSORY HEIRS
A – Remuneratory legacy (2/5*300k) = 120,000
Examples: B – Legacy for support (1/5*300k) = 60,000
C – Legacy for education (1/5*300k) = 60,000
1. A died, instituting B, a legitimate child as his heir. The estate is P1 D – Other legacies (1/5*300k) = 60,000
million. A gave C a preferred legacy of P300,000, D, a legacy of 300,000
P150,000 for support and E, a legacy of P100,000 for education. Other legacies of 100,000 are not given for the estate is not
What legacies if any should be reduced, and by how much?
enough.
A: Adding all the legacies together, we have:
C — P300,000
D — P150,000
E — P100,000
P550,000
10 | U N I V E R S I T Y O F S A N C A R L O S
ART. 950 APPLIES ONLY WHEN THERE ARE NO COMPULSORY HEIRS Rule regarding usufruct or life annuity
OR WHEN THERE ARE NO INOFFICIOUS DONATIONS INTER VIVOS.
Example: Tanya gave Feds a legacy of usufruct. The estimated value of
In other words, if the reduction concerns itself merely with the legacies the same (calculated over a period of time) is P120,000 but the free
or devises, Art. 950 should be applied. portion of Tanya’s estate is only P100,000. Here, the value of the
usufruct-legacy is greater than the disposable portion. The compulsory
Examples: heirs of Tanya are given the right to either comply with the testamentary
provision by giving Feds said usufruct, or give merely a sum of money
1. Net Estate = 300,000 or properties equivalent to P100,000 which is the free portion.
A – Remuneratory legacy of 200,000 Important: Feds has no right to choose. It is A’s forced heirs who are
B – Legacy for support of 100,000 given the choice so that the legitime may not be impaired or jeopardized.
C – Legacy for education 100,000
D – Other legacies of 100,000 Why is there a separate paragraph for devises and legacies of
usufructs?
Payment of the 300,000 Net estate: A: Because usufructs may be constituted to last until the usufructuary’s
A – Remuneratory legacy of 200,000 death, thus, the value of the usufruct may exceed the free disposable
B – Legacy for support of 100,000 portion.
Legacy for education and other legacies are not given for the Annuity
estate is not enough to cover all. These legacies suffer for they A series of equal payments at fixed intervals deriving from an original
are lower in rank. Remuneratory legacy and legacy for support lump-sum investment.
are preferred over the rest.
The aleatory contract of life annuity binds the debtor to pay an annual
2. Net Estate = 500,000 pension or income during the life of one or more determinate persons
in consideration of a capital consisting of money or other property whose
A – Remuneratory legacy of 200,000 ownership is transferred to him at once with the burden of the income.”
B – Legacy for support of 100,000
B1 – Legacy for support of 100,000 Rule for life annuities
C – Legacy for education 100,000 What has been said of a legacy of usufruct may also be said of a legacy
C1 – Legacy for education of 100,000 of life annuity. The life annuity should last till the recipient’s death, and
D – Other legacies of 100,000 might, therefore, extend for a conceivably long period of time.
700,000
COLLATION
Payment of the 500,000 Net estate:
COLLATION BY COMPULSORY HEIRS
A – Remuneratory legacy of 200,000
B – Legacy for support of 100,000 Relevant provision
B1 – Legacy for support of 100,000 Article 1061. Every compulsory heir, who succeeds with other
400,000 compulsory heirs, must bring into the mass of the estate any property
or right which he may have received from the decedent, during the
Note: Exhaust first legacies that are higher in rank no need pro lifetime of the latter, by way of donation, or any other gratuitous title,
rata if estate is enough. in order that it may be computed in the determination of the legitime of
each heir, and in the account of the partition.
Only 100,000 estate is left but there are still 2 legacy for
education amounting to 100,000 each. Since the estate this time Collation of the first kind
is not enough already, pro rata is now used. Here, all the properties which the compulsory heirs may have received
during the testator’s lifetime by way of donation is added to the value
C – Legacy for education (½ * 100,000) = 50,000 of the estate, and charging the same to the legitimes.
C1 – Legacy for education (½*100,000) = 50,000
100,000 Purpose: To preserve the legitime and to maintain equality as among
the compulsory heirs of the same class. This is because every donation
RESUME: inter vivos is considered generally as an advance of the legitime.
Payment of the 500,000 Net estate: Sir: Collation in ordinary sense means something given is taken back.
A – Remuneratory legacy of 200,000
B – Legacy for support of 100,000 Important: There can be collation both in testamentary and legal
B1 – Legacy for support of 100,000 succession.
C – Legacy for education of 50,000
C1 – Legacy for education of 50, 000 Can collation be done even if there is only one compulsory heir?
500,000 No. Article 1061 provides that “every compulsory heir, who succeeds
with other compulsory heirs, must bring into the mass of the estate…”
Transcriber’s note: Discussion on legitime ended here, Atty. then thus, it presupposes that there should be more than one compulsory
jumped to Collation. heir before collation can be done.
Sir: There can be collation but for computation in determining if the

legitime has been impaired. But not collation to be charged against the
legitime.
Why is there no need for collation when there is only one Value of property donated is a question of fact.
compulsory heir? If the deed of donation specifies the value of the thing donated, the
No need since there is nothing to equalize, you are alone. same is NOT controlling. The Value of property donated is a question of
fact, thus it has to be proven in court.
Can there be collation if there are no compulsory heirs?
No need, since again, there is no one to protect and nothing to equalize. Two kinds of collation:
1. Collation in value – returning the value representing the property
Thus, there is a need for collation when there are two or more donated.
compulsory heirs and their legitime is prejudiced. 2. Collation in kind – returning in kind in case the donation has to be
totally reduced or revoked because it is completely inofficious and
Requisites for collation based on the provision the donee either has no money or does not desire to reimburse in
1. Two or more compulsory heirs money.
2. Either of them received property during the lifetime of the decedent
by way of donation or any other gratuitous title Two kinds of donations
3. The compulsory heir who received donation inter vivos or any other 1. Direct or ordinary donation
gratuitous title has an obligation to collate or bring into the mass of 2. Indirect donation (i.e. debt which has been remitted, election
the estate so that it would be computed in determining the net expenses, renunciation of inheritance in favor of another
hereditary estate. compulsory heir)
Can there be collation of sold properties? Within the context of collation, when you say donation does it
have to be covered with a deed of donation like formalities?
GR: Properties transferred through sale are not collationable. No. Donation can be in a form of gratuitous title like remission of debt
or election expense. These transfers which can be considered donations
XPNs: need not follow formalities.
1. If the consideration of the sale is not sufficient with the value of Important: Proceeds in a life insurance policy are not collationable
the property. since they are not considered donations for the purpose of collation. The
same is true with mutual benefits contracts. Any proceeds from a
Property is valued at 100,000 but it was sold at 1,000. It can now contract belongs exclusively to the beneficiary.
be classified as a donation, the consideration is not sufficient.
WHEN NOT TO COLLATE
Sir: It is exceedingly low, shocking to the moral conscience. The
price is really low that it is not a sale anymore but a disguised Relevant provision
donation. Article 1062. Collation shall not take place among compulsory heirs if
the donor should have so expressly provided, or if the donee should
2. There was no consideration at all or a simulated sale. repudiate the inheritance, unless the donation should be reduced as
inofficious.
Sir: Here, there was a deed of sale but there is no price or
consideration given thus the sale was fictitious. GR: When two or more compulsory heirs received property from the
decedent or testator by way of donation or gratuitous title, the property
Is the surviving spouse included in “every compulsory heir”, is collated by bringing them to the mass of the estate.
such that donation to her/him is collationable?
A: While the surviving spouse is a compulsory heir, she is not included XPNs:
because in general, donations during the marriage between spouses are 1. When the donor expressly provides that the donation should not
null and void. Thus, ownership over said properties remains with the be collated.
donor. 2. When the donee repudiates the inheritance.
Important: Moderate donations between spouses, while valid, should Does this mean there is no collation at all?
not be collated. Moderate gifts means for as long as it is not substantial The collation is still done but only for computation to determine if the
as against the financial capacity if the testator. legitime has been impaired. But this is not charged to the legitime.
How about donations given to future spouses? Collation involves two steps:
A: They are considered donations to strangers, for at said time, one is
not yet the compulsory heir of the other. Thus, collationable. 1. Collation for purposes of computation – this is not really collation
in its true sense.
Does collation amount to revocation of donation? 2. Collation for charging to the legitime.
Generally no, because donations are treated as advances of the legitime. Preference by the testator
If we collate that it does not necessarily follow that we revoke the The testator is given freedom to give donation by preference. It is
donation. However, when the donation is inofficious, it has an effect of allowed to stipulate otherwise, since preference is favored than equality.
revoking the donation. Like what was given is taken back.
Does this not impair the legitime since there is preference now?
The law says “must bring into the mass of the estate”. Does this No. It does not impair the legitime for the donation by preference is
mean that the thing itself which was donated must be returned charged to the free portion and not the legitime. However, if the
or collated? donation is inofficious, such that it exceeds the free portion, the same
should accordingly be reduced.
A: No, only their value at the time of the donation. The subsequent
increase or deterioration, whether accidental or culpable shall be for the
benefit or account and risk of the donee.
Two instances when donations inter vivos to compulsory heirs TN: If there is only one compulsory heir, no need to collate because
should not be collated everything goes to him anyway.
1. When the donor expressly provides What if at the time of death the estate is only 100k but during
the lifetime of the testator he donated 900k to a stranger?
Example: A is the testator with compulsory heirs B and C. A states You have to add to determine whether the estate is impaired. If it
the following: impairs the legitime, you will reduce it.
1) B – Donation inter vivos of 100,000 with an express Effect if the testator says it is not collationable – aside from the legitime,
stipulation that it should not be collated. I am giving you something else: PREFERENCE.
2) C – Donation inter vivos of 100,000
LEGACY NOT COLLATIONABLE
Property left 800,000
+ Donation to C 100,000 Relevant provision
Net Hereditary Estate 900,000 Article 1063. Property left by will is not deemed subject to collation, if
the testator has not otherwise provided, but the legitime shall in any
Free portion – 450,000 case remain unimpaired.
Legitime – 450,000. Legitme is divided by 2 since there are two
compulsory heirs, each gets 225k. Sir: This provision means that if in a will the testator gave a property to
one of the compulsory heir then that property given in the will to the
C gets a total of 225,000 inclusive of the 100,000 donation inter compulsory heir will be charged to the free portion, not subject to
vivos. The donation was considered as an advance of his legitime. collation. Still to be added for purposes of computation. But not charged
Thus he gets 125,000 more to complete his legitime. to the legitime.
B gets 225,000 as his legitime on top of the 100,000 donation This does not contemplate donation, but testamentary disposition. It is
inter vivos which was expressly not subject to collation. He not subject to collation because nothing is given.
received a total of 325,000.
The use of the term “collation” is misleading
Sir: The challenge in these cases is to determine whether there is This is because there is nothing to be brought back to the estate
express stipulation or it is only implied or just an advice. inasmuch as it has not yet been given away.
2. When the donee repudiates the inheritance Why still use the word collation in the article when the book
says it is misleading?
The donee here is a compulsory heir who then repudiates the The property shall be added to determine the total estate and charged
inheritance. Thus, he waives his right as a compulsory heir and with the free portion and not the legitime. It is called partial testacy.
ceases to be one. For all legal purposes, he is a stranger to the
inheritance. The donation here is charged to the free portion Example in the book:
and not the legitime.
Tanya has two legitimate children, Feds and Bads. Tanya made a will,
Example: giving Feds a legacy of P100k. There was no other provision to the will.
Testator has three compulsory heirs, A, B and C. Testator gave a The estate was P1 million. Inasmuch as P100k has been disposed of as
donation inter vivos of 600k to A while nothing was donated to B a legacy, how will the remaining P900k be divided?
and C. A then repudiates his legitime of 150,000. Upon the
testator’s death, the property left was 300,000. A: Since the estate is P900k, the legitime is P450k. Feds and Bads thus
receives P225k each. The P100k given as legacy to Feds is not
Property left 300,000 considered an advance of his legitime, but an advance of the free
+ Donation to A (stranger) 600,000 portion. It is clear that by giving Feds the legacy, the testator intended
Net Hereditary Estate 900,000 to give him a preference.
Free portion – 450,000 Important: Had it been a donation, no preference would have been
Legitime – 450,000. intended and the P450 legitime would be divided as follows: Bads –
P225k, and Feds – P125k (in so far as he already received P100k by way
Supposed division of legitime: of donation = P250k). This is so because the law presumes equality to
150,000 – A be the desire of the testator.
150,000 – B
150,000 – C Illustration in class:
But A repudiated his share so legitime should only be divided by Testator has 2 children, A and B. Testator owns a car, 1M and another
2. 225,000 each to B and C. property worth 2M. Testator left a will giving the car as a legacy to A.
Donation inter vivos to A is considered as an advance of free A: Car shall not be subject to collation. However in determining the total
portion. Since free portion is only 450,000 and what was donated estate, that car is still included. So the total estate is 3M but the car
was 600,000. 150,000 is reduced from such donation to A since worth 1M is not charged to the legitime but to the free portion.
it is inofficious. A gets only 450,000.
Legitime = 1.5 M divided by 2 (children) = 750k each child
Payment of the Net Estate of P900K: Free portion = 1.5 M
B – 225k (legitime)
C – 225k (legitime) Therefore:
A – 450k (free portion) A gets 1M (car) + 750k legitime
900k B gets his legitime of 750k
And the remaining free portion (500k) will be divided by them equally. Lolo has 3 children: Father, Uncle, Aunt. Lolo, in his lifetime gave a car
to Father worth 1M. Father predeceased Lolo. Father has a child S who
A gets more than B gets. Why is this allowed? inherited the car.
There is preference of a decedent. So long as he does not impair the
legitime. When Lolo dies, S will represent Father. S is not the donee but the
Father. S is obliged under this article to collate the value of the car as a
Important: But if it was the entire estate that was given to A, the entire representative of his Father who, had he not predeceased, would be
3M, then B is omitted, it is now a case of preterition. This article will not obliged to collate anyway.
apply in that case.
Also, if the car was actually donated by father to a friend, a stranger. S
When Article will not apply is still obliged to collate because the law says that he is obliged to collate
In a case of a distribution and partition of the entire estate by the “even though such grandchildren have not inherited the property”.
testatrix without her having made any previous donations during her Because again, had the father not predeceased, he would be obliged to
lifetime which would require collation to determine the legitime of each collate the value of that car given to the friend.
heir, there is no reason to apply Arts. 1061, 1062, and 1063.
Additional notes about paragraph 1:
TN: If only part of the estate had been given by will, this would be A. Gives an exception to the rule that only donees should collate
different for here, Article 1063 may apply. B. Applies only when the grandchild inherits by right of
representation, not when he inherits in his own right, for here the
General rule and exception reason of the law would cease
C. Applies in case of predecease but equally applies for the same
A. Dispositions inter vivos reason in both incapacity and disinheritance.
GR: Equality
XPN: Preference Example of second paragraph
In the same example, if A had given E a house during A’s lifetime, the
B. Dispositions mortis causa (legacies, etc.) value of said house should also be collated, unless the testator has
provided otherwise, provided however, that the legitime of the co-heirs
GR: Preference
are not prejudiced.
XPN: Equality
Illustration in class:
GRANCHILDREN OBLIGED TO COLLATE Lolo gives a donation not the father but to the son. The son is obliged
to collate.
Relevant provision
Article 1064. When grandchildren, who survive with their uncles, aunts, PARAS SHORTCUT COMPUTATION:
or cousins, inherit from their grandparents in representation of their
father or mother, they shall bring to collation all that their parents, if Estate 1M (with 2 children)
alive, would have been obliged to bring, even though such grandchildren 100k donation to A
have not inherited the property. P900k
Divide by 2
They shall also bring to collation all that they may have received from
the decedent during his lifetime, unless the testator has provided 450k legitime each for A and B.
otherwise, in which case his wishes must be respected, if the legitime
of the co-heirs is not prejudiced. A gets 550k (100k donation plus 450k legitime) while B gets 450k as
legitime.
Example of first paragraph (book)
LONG FORM BY NATU-EL:
A
Estate 1M (with 2 children)
L B C D 100k donation to A
Collate the 100k donated
E Total estate is P1M
During A’s lifetime, A gave B a house, which was later on donated by B Legitime = P500k (250k each child)
to L, a friend. If B predeceases A, then E will represent B, and together Free portion = P500k
with C and D, will inherit from A. E, the grandchild, will be obligation to
collate the value of the house, even if E himself has not inherited said The legacy is taken from the free portion so 400k left.
property. This is because had B been alive, he would have been obliged
to bring to collation the value of said house. Therefore:
A gets P250k (legitime) +100k (donation) +200 (FP) = P550k
Illustration in class: B gets P250k (legitime) +200 (FP) = P450k
Lolo TN: Different approach but same result.
Tanya and Feds: This example in the book is one of intestacy thus there
Father Uncle Aunt is no legitime to speak of as everything is free portion. Hence it is not
necessary to still get half of the net estate to compute for the legitime.
Son (S) That is why Paras presented it in such manner.
PARENTS NOT OBLIGED TO COLLATE Meaning of education

Means only up to high school. College education is included within the
Relevant provision scope of the next article.
Article 1065. Parents are not obliged to bring to collation in the
inheritance of their ascendants any property which may have been Sir: K12? Not answered.
donated by the latter to their children.
Expenses for medical attendance
Example: Expenses for medical attendance are not collationable even if
extraordinary or even if self-inflicted.
D
Customary gifts
A B Customary gifts means the usual practice of the parents.
Q: How about a car and the parent is only an election officer?

C It depends on the financial capacity of the donor in relation to the value
of the gift given. A matter of argument.
D has two legitimate children, A and B. A has a child C. D donated to C
P100k. D dies intestate leaving an estate of P900k. Divide.
EXPENSES RELATING TO CAREER
A: Since D died intestate, the entire P900k is the legitime. Thus, A and Relevant provision
B shall receive P450k each. A is not required to collate what his child C
had received by way of donation. Article 1068. Expenses incurred by the parents in giving their children a
professional, vocational or other career shall not be brought to collation
Important: If a grandparent donated to grandchild, parents are not unless the parents so provide, or unless they impair the legitime; but
obliged to collate. Because the donation was given to the grandchild and when their collation is required, the sum which the child would have
not to the parents. They cannot collate something they did not receive. spent if he had lived in the house and company of his parents shall be
deducted therefrom.
DONATIONS TO SPOUSE OF A CHILD Education after high school

Relevant provision This article deals with education after high school, and may even include
graduate courses in the Philippines and abroad, but not after the course
Article 1066. Neither shall donations to the spouse of the child be is finished.
brought to collation; but if they have been given by the parent to the
spouses jointly, the child shall be obliged to bring to collation one-half Sir: If you graduate in law and you were given a parcel of land, this is
of the thing donated. not anymore education expense as contemplated in these articles. It is
already a donation chargeable to the legitime.
Rules:
If the donee is the spouse of the child: GR: Expenses incurred in giving the child a professional or vocational
career are not collationable.
A. If entirely to the spouse – deemed as a donation to a stranger and
collation does not apply. But it is still included in the computation XPNs:
to see if legitime has been impaired. 1. If the parents expressly provide
2. If they impair the legitime
B. If donated to both spouses – Half is to be collated and to be
charged to the legitime. Expenses at home
If collation is required, the sum that would have spent had the child
lived in the company of the parents shall be deducted.
EXPENSES NOT SUBJECT TO COLLATION
Relevant provision INDIRECT DONATION BY PARENTS

Article 1067. Expenses for support, education, medical attendance, even
Relevant provision
in extraordinary illness, apprenticeship, ordinary equipment, or
customary gifts are not subject to collation. Article 1069. Any sums paid by a parent in satisfaction of the debts of
his children, election expenses, fines, and similar expenses shall be
Meaning of “not subject to collation” brought to collation.
Their values are not added to the hereditary estate. They are not
considered as advances of the inheritance, whether as part of the Other sums which should be collated
legitime or part of the free portion. 1. Sums paid by a parent in satisfaction of the debts of his children
2. Election expenses
1. Support 3. Fines
2. Education (only up to high school) 4. Similar expenses
3. Medical attendance
4. Apprenticeship Example: To enable his son to win an election, a father spent P100k.
5. Ordinary equipment This is collationable and chargeable to the legitime because the
6. Customary gifts expenses are considered donation.
Reason: These expenses are not considered donations because their Rule in case of debt
cause is not generosity, but moral, social and legal obligations of the The debt must be valid and enforceable, otherwise the son is not
parents. befitted in any way.
GR: A child’s debt paid by the parent is collationable. Value collated

XPNs: Only the value at the time of the perfection of the donation should be
1. If otherwise provided collated since this it is this that really had been given gratuitously
2. In the capacity of the guarantor – If the parent was a guarantor,
the son is not a donee but a debtor to the parent. Then there can Reason for par. 2
be no collation. The owner, being the donee, bears the loss. Hence, even if the thing
given has been lost by a fortuitous event, the donee must still collate its
Important: However, if the father was not a guarantor and he paid of value.
his own accord, the sum paid in satisfaction of the debt is clearly
collationable. What value controls
The actual value at the time of the donation is a question of fact which
WEDDING GIFTS must be established by proof. Thus, the value stated in the deed of
donation is not controlling.
Relevant provision
Article 1070. Wedding gifts by parents and ascendants consisting of Reason: The increased valuation may have been prompted by the vanity
jewelry, clothing, and outfit, shall not be reduced as inofficious except of the donor, just as a decreased valuation may have been due to
insofar as they may exceed one-tenth of the sum which is disposable by humility, or a desire to pay lower taxes.
will.
DONATION BY BOTH PARENTS
Wedding gifts contemplated
The wedding gifts contemplated in this article are jewelry, clothing and Relevant provision
outfit, but Paras submits that by analogy, cash or money or real Article 1072. In the collation of a donation made by both parents, one-
property, may be included within the scope of the Article, for what after half shall be brought to the inheritance of the father, and the other half,
all is the difference? to that of the mother. That given by one alone shall be brought to
collation in his or her inheritance.
Rule in case of wedding gifts
Rules:
GR: Although wedding gifts are really donations, they are not chargeable
to the legitime in view of the sentimental importance of a wedding. 1. Only one-half the value of the inheritance shall be brought to the
inheritance of the father while the other half is to the mother.
XPN: It may be reduced if they exceed one-tenth (1/10) of the free
disposal. 2. Should only one of the parents die, only half of the value of the
inheritance is to be collated
Reasons:
1. To prevent abuse and extravagance Example:
2. To prevent favoritism among children A was legally married to B. They had a legitimate child, C. Both parents
agreed to give C a house during their lifetime. Later, A died. When C
Example: participates in the inheritance of A, how much should be collated by
A had 2 legitimate children, B and C. When the two children married, A him?
gave P10k pin to B, and a P20k trousseau to C, as wedding gifts. A left
an estate worth P190k. Should the gifts be reduced? A: Only half the value of the house.
Important: Art. 1066 refers to donations given TO spouses while Art.
Estate = P190k 1072 refers to donations given BY spouses. Take note of the difference.
B’s gift = P10k
C’s gift = P20k EQUALITY IN KIND
-------------------------
Total = P220k Relevant provision
Free portion = P110k Article 1073. The donee’s share of the estate shall be reduced by an
amount equal to that already received by him; and his co-heirs shall
A: 1/10 of the free portion is P11k. Thus: receive an equivalent, as much as possible, in property of the same
1. B’s gift should not be reduced because it does not exceed 1/10 of nature, class and quality.
the free portion.
2. C’s gift should be reduced by P9k since it exceeds 1/10. This P9k Rules:
should be chargeable against C’s legitime because the law 1. The value of a thing a donee received must be reduced from his
considers it as an advance thereof. share in the estate.
2. Co-heirs are entitled to receive an equivalent property of the same
COLLATION IN VALUE nature, class, and quality, if possible.
3. This a method of equalization among the heirs.
Relevant provision
Article 1071. The same things donated are not to be brought to collation Important: This is to achieve equality. Equality in this context is not
and partition, but only their value at the time of the donation, even only with regard to the similarity in property but also taking into
though their just value may not then have been assessed. consideration the nature, class, and quality, if this can be done.
Their subsequent increase or deterioration and even their total loss or Example:
destruction, be it accidental or culpable, shall be for the benefit or A has 2 children B and C. B had been given a donation of an old car
account and risk of the donee. worth P100k during A’s lifetime. When A died, he left an estate worth
P900k. Since B is supposed to receive a total of P500k, he will be given
only P400k as he has already received P100k by way of donation.
C in turn should be given, if possible, a car in the estate worth P100k Example:
and cash worth P400k. If the car cannot be given, as when the estate D has two legitimate sons A and B. A had formerly been given a donation
had only one car, Art. 1074 should be applied. of land as advance of the inheritance. Prior to D’s death, full ownership
of the land and the fruits belong to A, but from the moment D dies, all
ADDITIONAL WAYS OF EQUALIZATION the fruits thereof up to the moment of distribution is made, belong to
the estate. Thus, all will participate in the fruits
Relevant provision
Article 1074. Should the provisions of the preceding article be Important: It is also not unfair since donee is to be reimbursed by the
impracticable, if the property donated was immovable, the co-heirs shall heirs for necessary expenses for the preservation of the property, as
be entitled to receive its equivalent in cash or securities, at the rate of well as improvements made which increases the value. However,
quotation; and should there be neither cash nor marketable securities luxurious expenses and improvements for mere pleasure do not warrant
in the estate, so much of the other property as may be necessary shall reimbursement though donee may remove them provided there is no
be sold at public auction. damage to the property.
If the property donated was movable, the co-heirs shall only have a right RETURNING IN KIND
to select an equivalent of other personal property of the inheritance at
its just price. Relevant provision
Equalization Article 1076. The co-heirs are bound to reimburse to the donee the
A process whereby more rights are given to the co-heirs who did not necessary expenses which he has incurred for the preservation of the
receive donations, if the donations were of REAL PROPERTY. property donated to him, though they may not have augmented its
value.
Rights if real property
1. Get property of same kind The donee who collates in kind an immovable, which has been given to
2. If none, get cash securities him, must be reimbursed by his co-heirs for the improvements which
3. If none, sell property to get cash have increased the value of the property, and which exist at the time
the partition is effected.
Rights if personal property
1. Get property of same kind As to works made on the estate for the mere pleasure of the donee, no
2. If none, get equivalent (in value) personal property (no right to reimbursement is due him for them; he has, however, the right to
demand cash or to demand a sale to get cash) remove them, if he can do so without injuring the estate.
TN: There is no right to demand cash or sale since personal property is Collation in kind
easily replaceable. This Article speaks of collation “in kind”. This is strictly speaking not
collation, but a returning in kind.
FRUITS & INTEREST OF COLLATIONABLE PROPERTIES This happens when:

1. The donation is totally reduced because it is completely inofficious,
Relevant provision and
Article 1075. The fruits and interest of the property subject to collation 2. The donee either has no money or does not desire to reimburse in
shall not pertain to the estate except from the day on which the money.
succession is opened.
Sir: “Totally reduced” actually implies revocation and because the donee
For the purpose of ascertaining their amount, the fruits and interest of has no money or does not desire to reimburse in money, what is actually
the property of the estate of the same kind and quality as that subject collated is the property itself so it is not actually technically collation but
to collation shall be made the standard of assessment. returning in kind.
Rules: Comment of Justice JBL Reyes

1. Donated properties are owned by the donee and fruits and interest The provisions of Art. 1076 could be applied only to the case of a
belong to him. donation that becomes revoked as inofficious in its totality. It is only
then that the very same thing donated must be returned, except when
2. However, from the opening of the succession (death of testator) it is now in the possession and ownership of a third person in good faith.
until distribution is made, fruits and interest of donated property
shall form part of the estate and added in the computation of the Important: Improvements which do not exist at the time of partition
net hereditary estate (donee loses the rights to the fruits and are not supposed to be reimbursed.
income)
Problem if value of donation increases
Reasons: Should there be increase in value of donation, only the value of the
1. Property is really part of the inheritance and considered an property at the time donation was made must be returned (fruits
advance. accruing since the death of decedent, if any, of such portion belong to
the estate) while the increase inures to the benefit of the done.
2. Inheritance of a person includes not only the property and the
transmissible rights and obligations existing at the time of his Example:
death, but also those which have accrued thereto since the opening
of the succession. (Art. 781) Tanya donated to Feds, a parcel of land worth P1M. At the time of
Tanya’s death, he had one legitimate son, one surviving spouse, and
TN: Donee is not however deprived of the possession of the property. one acknowledged natural child. At that time too, the land was already
worth P4M. How much value of land, if any, must be returned to the
estate?
A: Because of the presence here of a: What are collationable?

1. Legitimate child (legitime — 1/2) Any property or right donated by decedent to a compulsory heir. (Art.
2. A surviving spouse (legitime — 1/4), and 1061)
3. An acknowledged natural child (legitime — 1/4), there is no
more disposable portion, and the donation is totally inofficious. Except:
BUT this should not mean that the entire land must now be returned. 1. If donor expressly provides it is not collationable. (Art. 1062)
This is because what had been donated was only P1 million. Therefore, Provided, it does not impair the legitime.
only 1/4 of the present value of the land (1/4 of the land itself) must be
returned. The remaining 3/4 inures to the benefit of the donee who had 2. If donee repudiates inheritance, donation need not be collated
become its owner since the time of the perfection of the donation. Of unless inofficious. (Art. 1062)
course, all the fruits of said 1/4 also belong to the estate, that is, the
fruits accruing since the death of the decedent. 3. Property left by will – dispositions mortis causa like legacy or
devise. (Art. 1063)
QUESTIONS ARISING FROM COLLATION
4. Donations to son-in-law or daughter-in-law, except if given to
Relevant provision spouses jointly, in which case, the son or daughter needs to collate
one half. (Art. 1066)
Article 1077. Should any question arise among the co-heirs upon the
obligation to bring to collation or as to the things which are subject to 5. Expenses for support, (basic) education, medical attendance,
collation, the distribution of the estate shall not be interrupted for this apprenticeship, ordinary equipment, or customary gifts. (Art. 1067)
reason, provided adequate security is given.
6. Expenses for professional, vocational or other career unless the
Questions on collation do not interrupt distribution parents so provide, or impairs the legitime. (Art. 1068)
Provided, adequate security is given. Said questions may be threshed
out during the administration proceedings. 7. Wedding gifts not exceeding 1/10th of sum disposable by will. (Art.
1070)
Prescription
Just because more than thirty years have elapsed since the perfection 8. Fruits and interest of property from the time of the perfection of
of the donation, it does not necessarily follow that collation is barred by the donation and prior to the opening of succession. (Art. 1075)
prescription, for prescription on said matter did not run as long as the
donor was still alive. When succession opens, do you lose the right to everything?
No. You still retain your share.
Only properties received by gratuitous title may be subject of
collation What are not collationable?
Properties received by sale are not collationable. Only properties 1. Property or right sold by decedent to compulsory heir. (Art. 1061)
received by gratuitous title may be collated. Thus, collation may, in
proper cases, be done, whatever be the character or nature of the Except: When it is a simulated sale or when the price is exceedingly
donation – simple, remunerative or onerous. low so as to shock the conscience of man.
Important: But for remunerative and onerous donations – only insofar 2. If done repudiates inheritance and donation is not officious. (Art.
as they exceed the value of the service or of the charge. 1062)
Binding effect of final judgments 3. Property left by will – dispositions mortis causa by legacy or devise.
Final judgments by the proper court regarding questions on collation are (Art. 1063)
binding both on the person who raised the issue, and on the heirs
concerned. 4. Donations to grandchildren. (Art. 1065)
When collation is prematurely raised 5. Donations to son-in-law or daughter-in-law. (Art. 1066)
Vda. De Rodriquez v. Court of Appeals 6. Expenses for support, education, medical attendance, even in
When the estate proceedings have not yet reached the stage of extraordinary illness, apprenticeship, ordinary equipment, or
partitioning and then distributing the property, any question of collation customary gifts. (Art. 1067)
that is brought up can be regarded as having been prematurely raised.
7. Expenses for professional, vocational, or other career. unless parents
SUMMARY FOR COLLATION so provide (Art. 1068)
8. Wedding gifts not exceeding 1/10th of the sum disposable by will.

Sir: These are the important things you need to remember about
collation.
(Art. 1070)
9. Fruits and interest of property subject to collation from the time of

What is collation?
perfection of donation until the opening of succession. (Art. 1075)
Adding certain values to the estate, and charging the same to either the
legitime or the free portion.
Who are required to collate?
TN: There are two steps in collation: Adding and Charging. Sometimes,
1. Every compulsory heir who succeeds with other compulsory heirs
you say collate but actually you’re just adding, no need to charge.
and who received property or right from decedent by way of
donation
TN: It presupposes that there are at least two or more compulsory Primary compulsory heirs Secondary compulsory heirs
heirs. Otherwise, if there is only one compulsory heir, no need to Those mentioned in Those mentioned in No. 2.
collate because there is nothing to equalize Nos. 1, 3, 4, and 5
Get their legitime even in the
2. A donee who repudiates inheritance and the donation is inofficious presence of the other primary They inherit only in the
compulsory heirs and even in absence of No. 1.
Reason: He is a donee and a compulsory heir at the same time but the presence of the secondary
he repudiates the in heritance, in which case, he becomes a compulsory heirs.
stranger. If it is inofficious, it has to be reduced because he is now
a voluntary heir. Important: The father or the mother of illegitimate children is also a
3. Legatee or devisee, provided so by the testator in a will secondary compulsory heir but only as provided for in Article 903.
4. Grandchildren who represent their mother or father are required to Rule in case of a surviving spouse with respect to his or her
collate what their mother or father would have been required to parent-in-law
collate
Rosales v. Rosales
5. A child who is a co-donee of the spouse is required to collate ½
A surviving spouse is not an intestate heir or his or her parent-in-law.
Neither is a widow (surviving spouse) a compulsory heir of her parent-
6. A child who received expenses for professional, vocational or other
career if parents so provide in-law in accordance with the provisions of Art. 887 of the Civil Code.
Here, the surviving spouse is considered a third person as regards the
7. A child whose, debt, election expenses and other similar expenses estate of the parent-in-law.
were paid for the parent
Brothers and sisters
Brothers and sisters and not compulsory heirs, but there is nothing
Except: When the parent is a guarantor
wrong in giving them a share in the inheritance, if the testator so wants
provided that the legitimes of the compulsory heirs are not impaired.
8. A child who received a wedding gift in excess of 1/10th of the sum
disposable by the will Consequently, they are termed as voluntary heirs or devisees or legatees
as the case may be.
9. The donee in so far as fruits and income of the property donated
earned from the time succession opens. HOW MUCH AND TO WHOM
Can there be an instance when it is totally reduced? LEGITIMATE CHILDREN AND DESCENDANTS
Sir: Theoretically no, because you retain something. You are entitled to
your legitime all the time. Except in a donation to a stranger. In other Relevant provision
words, collation in kind does not apply when donee is a compulsory heir. Art. 888. The legitime of legitimate children and descendants consists of
one-half of the hereditary estate of the father and of the mother.
WHO ARE ENTITLED
The latter may freely dispose of the remaining half, subject to the rights
COMPULSORY HEIRS of illegitimate children and of the surviving spouse as hereinafter
provided.
Relevant provision
Article 887. The following are compulsory heirs: Legitimate children and
Relatives surviving
(1) Legitimate children and descendants, with respect to their descendants
legitimate parents and ascendants Legitimate Children and
½ of the estate divided by the
(2) In default of the foregoing, legitimate parents and ascendants, Legitimate Descendants Alone
number of children
with respect to their legitimate children and descendants (Art. 888)
(3) The widow or widower
(4) Acknowledged natural children, and natural children by legal Example: Testator has property worth P120,000.
fiction;
(5) Other illegitimate children referred to in Article 287. 1. If T is survived by A, his only son, and no other compulsory
heirs.
Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by
those in Nos. 1 and 2; neither do they exclude one another. A is entitled to 60,000 (half of the estate which is; the other half is
free portion).
In all cases of illegitimate children, their filiation must be duly proved.
2. If T has three other children: A, B, C
The father or mother of illegitimate children of the three classes A, B, C will get 20,000 each (60,000/3).
mentioned, shall inherit from them in the manner and to the extent
established by this Code.
LEGITIMATE PARENTS OR ASCENDANTS
Classes of compulsory heirs
1. Primary compulsory heirs Relevant provisions
2. Secondary compulsory heirs Art. 889. The legitime of legitimate parents or ascendants consists of
one-half of the hereditary estates of their children and descendants.
The children or descendants may freely dispose of the other half, subject
to the rights of illegitimate children and of the surviving spouse as
hereinafter provided.
Art. 890. The legitime reserved for the legitimate parents shall be
divided between them equally; if one of the parents should have died, Relatives surviving Surviving spouse (SS)
the whole shall pass to the survivor.
Surviving spouse alone
If the testator leaves neither father nor mother, but is survived by 1/2
(Art. 900)
ascendants of equal degree of the paternal and maternal lines, the
legitime shall be divided equally between both lines. If the ascendants Surviving spouse alone where
should be of different degrees, it shall pertain entirely to the ones marriage is in articulo mortis
nearest in degree of either line. and testator dies w/in 3 1/3
months from marriage
Legitimate parents or (Art. 900)
Relatives surviving But if they have been living
ascendants
½ together as husband and wife 1/2
N.B. The legitime for the for more than five years
Legitimate Parents Alone legitimate parents shall be (Art. 900)
(Art. 889) divided equally; If one of the
parents died, the whole shall Example: Testator has property worth P120,000.
pass to the survivor
If testator is survived by 1. If T is survived by S, the surviving spouse
ascendants of equal degree The legitime shall be divided
of paternal and maternal lines equally between both lines S will get 60,000 (or ½ of the 120,000)
(Art. 890)
The legitime shall pertain to the 2. If T is survived by S, surviving spouse, and the marriage
If ascendants are of different was solemnized in articulo mortis; and T died within three
ones nearest in degree of
degree (Art. 890) months from time of the marriage
either line
Example: Testator has property worth P120,000. S is entitled to 40,000 (or 1/3 of 120,000)
1. If T is survived by Mother (M) and Father (F) 3. Unless, T and S have been living as husband and wife for
more than 5 years
M and F are entitled to 60,000 (or 1/2 of 120,000) or 30,000 each.
S will get 60,000 (or ½ of the 120,000)
2. If M predeceased T, F
Relevant provisions
F gets the whole 60,000 Art. 892. If only one legitimate child or descendant of the deceased
survives, the widow or widower shall be entitled to one-fourth of the
3. If M and F predeceased T, and ascendants still alive hereditary estate. In case of a legal separation, the surviving spouse
meaning T’s maternal and paternal grandparents are alive may inherit if it was the deceased who had given cause for the same.
(parents of M, GM1 and GM2; and parents of F, GF1 an GF2)
If there are two or more legitimate children or descendants, the
The 60,000 is divided equally among the maternal and paternal surviving spouse shall be entitled to a portion equal to the legitime of
grandparents (if the same degree). So, GM1, GM2, GF1, GF2 are each of the legitimate children or descendants.
entitled to 15,000 each.
In both cases, the legitime of the surviving spouse shall be taken from
(a) So if GM1 dies, GM2 gets 30,000; GF1 and GF2 still entitled the portion that can be freely disposed of by the testator.
to 15,000.
(b) If GM1 and GM2 dies, GF1 and GF2 gets the entire 60,000. Art. 893. If the testator leaves no legitimate descendants, but leaves
legitimate ascendants, the surviving spouse shall have a right to one-
4. If the only survivors are ascendants of different degrees, fourth of the hereditary estate.
such that GM1 is alive and the mother of GF1 survives
(grandparent v great-grandparent) This fourth shall be taken from the free portion of the estate.
GM1 gets the entire share because he is the one nearest in degree. Art. 894. If the testator leaves illegitimate children, the surviving spouse
shall be entitled to one-third of the hereditary estate of the deceased
SURVIVING SPOUSE CONCURRING WITH RELATIVES and the illegitimate children to another third. The remaining third shall
be at the free disposal of the testator.
Relevant provision
Art. 900. If the only survivor is the widow or widower, she or he shall
be entitled to one-half of the hereditary estate of the deceased spouse,
and the testator may freely dispose of the other half.
If the marriage between the surviving spouse and the testator was
solemnized in articulo mortis, and the testator died within three months
from the time of the marriage, the legitime of the surviving spouse as
the sole heir shall be one-third of the hereditary estate, except when
they have been living as husband and wife for more than five years. In
the latter case, the legitime of the surviving spouse shall be that
specified in the preceding paragraph.
Legend: ILLEGITIMATE CHIDLREN CONCCURING WITH RELATIVES

LCD – Legitimate children and descendants
LPA – Legitimate parents and ascendants Relevant provisions
SS – Surviving spouse
IC – Illegitimate children Art. 901. When the testator dies leaving illegitimate children and no
other compulsory heirs, such illegitimate children shall have a right to
one-half of the hereditary estate of the deceased.
Relatives LCD LPA SS IC
surviving The other half shall be at the free disposal of the testator.
Surviving Spouse Art. 902. The rights of illegitimate children set forth in the preceding
with One 1/2 1/4* articles are transmitted upon their death to their descendants, whether
Legitimate Child legitimate or illegitimate.
(Art. 892)
Relatives surviving Illegitimate children
Surviving Spouse Same Illegitimate Children Alone
½ in equal share
with Two or More 1/2 portion as (Art. 901)
Legitimate Children legitimate N.B. The rights of illegitimate children are transmitted upon death
(Art. 892) child* to their descendants, legitimate or illegitimate (Art. 902)
Example: Testator has property worth P120,000.

*N.B. It must be noted that in case of legal separation, the SS may
inherit if it was the deceased who had given the cause to the same. 1. If T is survived only by A, the illegitimate child
(Art. 892)
A will get 60,000 (or ½ of the 120,000)
Surviving Spouse 2. A is the only illegitimate child of T. T gave A his legitime of

with Legitimate 60,000. But A predecease T. If A has legitimate child C
Parents or 1/2 1/4
Ascendants Then C can inherit the 60,000 (because of rights of illegitimate child
(Art. 893) are transmitted to their descendants, whether legitimate or
illegitimate)
Surviving Spouse Relevant provisions

with Illegitimate 1/3 1/3 Art. 895. The legitime of each of the acknowledged natural children and
Children each of the natural children by legal fiction shall consist of one-half of
(Art. 894) the legitime of each of the legitimate children or descendants.
The legitime of an illegitimate child who is neither an acknowledged

Example: Testator has property worth P120,000. natural, nor a natural child by legal fiction, shall be equal in every case
to four-fifths of the legitime of an acknowledged natural child.
1. If T is survived by widow/widower (W) and one child, A.
The legitime of the illegitimate children shall be taken from the portion
A will get 60,000 (1/2 of 120,000) of the estate at the free disposal of the testator, provided that in no case
W will get 30,000 (1/4 of 120,000, the hereditary estate taken from shall the total legitime of such illegitimate children exceed that free
free portion) portion, and that the legitime of the surviving spouse must first be fully
satisfied.
2. If T is survived by Widow/widower (W) and two children,
A and B. Art. 896. Illegitimate children who may survive with legitimate parents
or ascendants of the deceased shall be entitled to one-fourth of the
A and B will get 60,000 (1/2 of 120,000) or 30,000 each (60,000/2) hereditary estate to be taken from the portion at the free disposal of the
W will get 30,000 (share equal to a legitimate child) testator.
3. If T is survived by M and F, legitimate parents, and S,
surviving spouse. Relatives
LCD LPA SS IC
surviving
M and F will get 60,000 (or 1/2 of 120,000) or 30,000 each
Illegitimate
S is entitled to 30,000 (1/4 of 120,000)
Children with
½ in ½ share of
Legitimate
4. If T is survived by S, surviving spouse, and A and B, equal legitimate
Children or
illegitimate children. portions child**
Descendants
(Art. 895)
S is entitled to 40,000 (or 1/3 of 120,000)
A and B are entitled to 40,000 (or 1/3 of 120,000) or 20,000 each.
*N.B. Since the various classifications of illegitimate children was
eliminated by Family Code, such that they are now all classified as
illegitimate children.
**N.B. The share of the illegitimate child may suffer reduction pro
rata because in no case shall the total legitime of IC exceed the FP Relatives LCD LPA SS IC
and legitime of the spouse is given preference. surviving
Illegitimate Illegitimate
Children with Children with Same ½ share
½ in
Legitimate ¼ in equal Legitimate portion as of
½ equal
Parents or shares Children and legitimate legitimate
portions
Ascendants Surviving Spouse child child
(Art. 896) (Art. 897-898)
Example: Testator has property worth P120,000.

Legitimate
1. If T is survived by A, legitimate child, and B, illegitimate Parents,
child. Surviving Spouse
½ 1/8
with Illegitimate ¼
A is entitled to 60,000 (1/2 of 120,000) Children
B is entitled to 30,000 (half of the share of A, the legitimate child) (Art 899)
2. If T is survived by A and B, legitimate children, and C, D, E,

F, illegitimate children Example: Testator has property worth P120,000.
A and B are entitled to 60,000 (1/ of 120,000) or 30,000 each 1. If T is survived by A, B, C, and D, legitimate children; S, the
C, D, E, and F are entitled to 15,000 (half of the share of a surviving spouse; and W, X, Y, and Z, the illegitimate
legitimate child) children
3. What if, T is survived by A, the legitimate child, and B, C, A, B, C, and D are entitled to 15,000 each (60,000/4) S must first
D, E, the illegitimate children be satisfied and is entitled to 15,000 (same as the share of the
legitimate children);
A is entitled to 60,000(1/2 of 120,000)
B, C, D, and E cannot get 30,000 each W, X, Y and Z are entitled to 7,500 each (½ share of legitimate
child = 15,000/2 = 7,500.
Reason: Supposedly half the share of a legitimate child but the rule
provides that the total legitime of IC must not exceed the FP; and 2. If T is survived by A and B, legitimate children; S, the
the remaining FP is only 60,000); they are entitled only to 15,000 surviving spouse; and W, X, Y, and Z, the illegitimate
each. children
4. If T is survived by M and F, legitimate parents, and X, A and B will get 60,000 or 30,000 each
illegitimate child S must first be satisfied and is entitled to 30,000 (from the FP)
W, X, Y, and Z are not entitled to 15,000 each.
M and F will get 60,000 (or 1/2 of 120,00) or 30,000 each
X will get 30,000 (or ¼ of the HE taken from the FP) Reason: Supposedly half the share of a legitimate child but the rule
provides that the total legitime of IC must not exceed the FP; and
Relevant provisions the remaining FP is only 30,000); they will get only 7,500 each.
Art. 897. When the widow or widower survives with legitimate children
or descendants, and acknowledged natural children, or natural children 3. If T is survived by M and F, legitimate parents; S, surviving
by legal fiction, such surviving spouse shall be entitled to a portion equal spouse; and X, illegitimate child
to the legitime of each of the legitimate children which must be taken
from that part of the estate which the testator can freely dispose of. (n) M and F will get 60,000 (or 1/2 of 120,00) or 30,000 each
S is entitled to 15,000 (or 1/8 of 120,000)
Art. 898. If the widow or widower survives with legitimate children or X is entitled to 30,000 (or ¼ of 120,000).
descendants, and with illegitimate children other than acknowledged
natural, or natural children by legal fiction, the share of the surviving
spouse shall be the same as that provided in the preceding article.
Art. 899. When the widow or widower survives with legitimate parents
or ascendants and with illegitimate children, such surviving spouse shall
be entitled to one-eighth of the hereditary estate of the deceased which
must be taken from the free portion, and the illegitimate children shall
be entitled to one-fourth of the estate which shall be taken also from
the disposable portion. The testator may freely dispose of the remaining
one-eighth of the estate.
ILLEGITIMATE PARENTS CONCURRING WITH RELATIVES RESERVA TRONCAL
Relevant provision CONCEPTS

Art. 903. The legitime of the parents who have an illegitimate child,
when such child leaves neither legitimate descendants, nor a surviving RESERVA TRONCAL, DISCUSSED
spouse, nor illegitimate children, is one-half of the hereditary estate of
such illegitimate child. If only legitimate or illegitimate children are left, 1. Origin (original ascendant) owns a property.
the parents are not entitled to any legitime whatsoever. If only the
widow or widower survives with parents of the illegitimate child, the 2. After his death the property was transferred to his descendant,
legitime of the parents is one-fourth of the hereditary estate of the child, propositus, by way of gratuitous title (donation, remission or
and that of the surviving spouse also one-fourth of the estate. succession). Propositus then died without any descendant and left
no will.
Relatives The property originally received from origin is transferred to

LCD LPA SS IC
surviving reservoir or reservista (sececondary ascendant) by operation of law
(Legal succession or testamentary succession)
Illegitimate
Parents Alone ½
3. Property transferred to reservor is under reserva troncal or reserva
(Art. 903)
lineal. This means that that reservor owns it until he dies and at
his death he should not dispose it to anybody for it is reserved by
If only one If alone = ½
law to the relatives within the same line of the origin. The relatives
Illegitimate =½
must be within the 3rd degree, counted from the propositus.
Parents; Concurring with
Legitimate and More than legitimate None
Purpose
Illegitimate one = ½ in children = ½
To keep the property in the family to which the property belongs.
Children (903) equal of share of
portions legitimate child
Examples of Reserva Troncal
Illegitimate
1. M died left a will stating that the land will be inherited by C through
Parents and
¼ ¼ gratuitous title. C died leaving no descendant and no will. Thus, by
Surviving Spouse
operation of law the land is now inherited by F. F owns the land
(903)
until his death but has the obligation to reserve the land. Until he
dies he has to reserved the property in favor of M’s relatives within
Example: Testator has property worth P120,000. the 3rd degree (counted from C)
1. If T is illegitimate child and is survived by A and B, his 2. Father has a 1st wife and a son and 2 grandchildren (1st family).
parents. When wife died he married again and had a son(2nd family). Father
died and gave the son and 2nd wife (half-half) land thru intestate
A and B will get 60,000 (or ½ of 120,000) or 30,000 each succession. Son of the 2nd family died and his half share in the land
was inherited by his mother, 2nd wife, by operation of law. The son
2. If T is illegitimate child and is survived by A and B, his and grandchildren of the 1st marriage can get half share of the land.
parents, and Y, his illegitimate child. ½ share in the land was inherited by son from father by way of
gratuitous title and same is transferred to mother (2nd wife) thru
A and B will not get anything operation of law. The land is under reserva troncal. Son and
Y will get 60,000 (or ½ of 120,000) grandchildren are relatives within the 3rd degree. (Chua v CFI
Negros Occidental)
3. If T is illegitimate child and is survived by A and B, his
parents, and X and Y, legitimate children and Z, Non- Examples of Reserva Troncal
illegitimate child.
1. M sold automobile to son. C died with no descendant and no will.
A and B will not get anything F by operation of law inherited all properties of C including the car.
X and Y will get 60,000 (1/2 of 120,000) or 30,000 each The car is not subject to reserve troncal. While car went to F by
Z will get 15,000 (1/2 share of the legitimate child) operation of law the transmission from M to C is through sale and
not through gratuitous title.
4. If T is illegitimate child and is survived by A and B,
parents, and S, his spouse. 2. C inherited automobile from M. Later, C sold automobile to F. The
automobile is not a reservable property. While automobile went to
A and B will get 30,000 (or ¼ of 120,000) or 15,000 each C by gratuitous title the transmission from C to F is through sale
S will get 30,000 (or ¼ of 120,000) and not by operation of law.
3. M gave C a sweepstakes ticket which eventually won 1st prize. After

C’s death the money went to F his only surviving relative. The
money is not subject to reserve troncal. The money did not came
from the PCSO and not from the mother who was never the owner
of the prize. It would have been different if M gave the money to
C only AFTER she had won the money.
JURISPRUDENTIAL RULES IN RESERVA VIUDAL APPLICABLE 6. While alive, may defeat the existence of possible reserve by not
TO RESERVA TRONCAL giving the property by way of inheritance thru operation of law.
E.g. effective partition.
1. The person obliged to reserve the property (reservor) has an
obligation to annotate in the Registry of Property the reservable RESERVOR/ RESEVISTA
character of the property.
1. The ascendant who inherits from propositus by operation of law.
2. Cause of action of the reservees commence from the death of
reservor NOT from the death of the propositus. 2. He has the obligation to reserve the property.
3. Relatives within the 3rd degree whose right of property is reserved 3. If he inherits property from descendant not by legal succession nor
has NO title to ownership or fee simple during lifetime of reservor by legitime, there is NO obligation to reserve. E.g. inherits free
portion by virtue of will.
4. Reserva is extinguished upon death of reservor, as it becomes a
right of full ownership on the part of reservees who can bring 4. Reservor has full ownership (legal title) of the property subject to
reinvindicatory cases. a resolutory condition.
5. The suit must be filed within 10 yrs under the Old Civil Procedure TN: Resolutory condition in this case mean that if at the death of
or 30 yrs under Article 1141 on the New Civil Code. (Sumaya v IAC) reservor there are still relatives within the 3rd degree of the
propositus belonging to origin’s line, the ownership of the property
PERSONS INVOLVED IN RESERVA TRONCAL is terminated. It is not part of the estate and thus not subject to
payment of his own debts.
Four people involved in reserva troncal
5. Title is like that of a vendee a retro or fiduciary in fideicommissary
1. Origin – ascendant, brother or sister whom the property came substitution. Title extinguishes from reservor predeceases
reserves. He is a usufructuary of the reservable property. May
2. Propositus – descendant who acquired property by gratuitous title alienate but subject to restrictions.
3. Reservor/ Reservista – ascendant who acquired property from 6. Make an inventory (actual condition and value) of the reservable
propositus by operation of law. property and furnish o BOND, SECURITY, MORTGAGE to guarantee
safe delivery to reservees. Bond etc not needed when property is
4. Reservees/ Reservatarios – relatives within the 3rd degree counted registered subject to reserva troncal.
from propositus belonging in origin’s line.
GR: Inventory can be made in any form, judicially or extrajudicially,
ORIGIN in a private or public instrument.
1. Must be an ascendant, brother or sister. XPN: Real property must be in a public instrument and registered.
2. Must be a legitimate relative because reserva troncal exists only in 7. Liable for all deteriorations imputable to his neglect, fault or malice.
legitimate family.
8. Being the full owner of a reservable personal property, reservor may
3. Transmission of property from origin to propositus must be by donate, sell, pledge the same and the done-purchaser becomes the
gratuitous title. full owner of the property. If reservees exist after he dies, the estate
of the reservor must reimburse what they may have lost by virtue
4. While the origin owns the property, there is no reserve troncal yet. of the sale, donation or pledge.
Thus, he has right to dispose it subject to the rule on inofficious
donations 9. Reservable real property can be alienated or encumbered subject to
the reserva the reservee can get the real property from the
5. If origin be a brother or sister of the propositus, he must be a half- transferee as soon as ownership is transferred to such reservee
brother or half-sister. Otherwise, property would not be transferred without prejudice to the LRA and Mortgage law.
to another line.
Important: When reservable land is registered under Torrens
PROPOSITUS System and free from encumbrances, liens or reservas, innocent
purchaser for value will be preferred over reservee. But the estate
1. A descendant, half- brother, or a half- sister whose death gives rise of the reservor will have to indemnify the reservee. If purchaser has
to the reserve. actual knowledge of reservable property it is equivalent to
registration. Reservee can ratify and validly renounce their share in
2. He is from whom the 3rd degree relatives is counted. reserve.
3. While alive there is no reserva yet. The absolute owner of the 10. Must annotate the reservation in the Registry of Property within 90
property and thus has freedom to alienate or encumber. days from the time he accepts the inheritance if there is NO court
litigation OR within 90 days from the time the court awards him the
4. If he sells the property received by gratuitous title and received property.
cash. The cash is not subject to reserve troncal even if ascendant
acquired it by operation of law. The cash is NOT the same property Important: If registration is not made within the 90 days,
he acquired gratuitously. reservees have the right to either judicially demand the reservor to
comply with this obligation to register the land or demand a
5. Must be a legitimate descendant, legitimate half- brother or half- mortgage be constituted for their security.
sister of the origin.
Duties of the reservor B. 2nd degree – grandparents, full and half brothers or sisters of the
1. Make an inventory propositus.
2. Annonate the reservation in the Registry of Property C. 3rd degree – uncles and aunts by blood, great grandparents and
3. Give security IF reservation is not annotated. nephews and nieces (children of the full or half brother or sister)
4. Not to substitute the reservable properties with others. of propositus
TN: If property was lost through his fault or is now in the hands of TN: Full brothers and sisters of the propositus as reservees are different
innocent purchaser for value, the reservor must respond whether with from discussion where origin when it pertains to brother and sister must
money or equivalent substitute property. be half only.
RESERVEES/RESERVATORIAS Problem:
A died intestate having a considerable fortune. Wife B gave birth to child
1. Relatives within the 3rddegree, counted from the propositus, C 3 months after A’s death. C died 2 days after it was born. B dies 2
belonging in the origin’s line. days after C. Inheritance left by A is claimed by legitimate mother of B
and legitimate brother of A, no other relatives. Who gets the
2. Becomes the full owner of the reservable property the moment the inheritance?
reservor dies.
Answer: Legitimate brother of A gets the ½ of the property of B. A is
3. Inherits the property from the propositus and not the reservor but the origin who transmitted ½ property to C by way of gratuitous title. C
reservee must survive the reservor. inherited for he was already conceived at the time of A’s death,
considered born for all purposes favorable. Upon C’s death without issue
4. Right or cause of action accrues only from the moment the reservor property inherited from A was transmitted to B by operation of law. This
dies. ½ share is under reserva troncal since all requisites are present.
Legitimate brother of A survives B the reservor and is within the 3rd
5. Must be a legitimate relative of the origin and propositus. RULE OF degree from the propositus C.
NEARER EXCLUDES FARTHER APPLIES.
Other ½ of property inherited by B directly from A by legal succession
6. Entitled to have their right annotated when the property is being is not a reservable property. Upon B’s death it belongs to B’s estate. It
registered under the Torrens system, this serves as a lien on the should go to the nearest intestate heir, namely, the legitimate mother
property. The prescriptive period is for 1 year. of B.
7. Becomes a reservee if relative belongs within the 3rd degree at the EXTINGUISHMENT OF THE RESERVA
time propositus dies or become one at the time the reservor dies.
Ways of extinguishing the reserva
Important: At the time propositus dies, relatives within the 3rd
degree have a mere expectancy. At the moment reservor dies, all 1. Upon death of reservor.
surviving relatives within the 3rd degree have a DEFINITE RIGHT
subject to rules. 2. Death of all would-be reservees ahead of reservor.
8. After the group of relatives who constitute the reservees have been 3. Accidental loss of reservable properties. (without fault of reservor)
determined, the rules of intestate succession applies.
4. Prescription (reservor or stranger holds property adversely against
9. Have right to demand reimbursement for defects or deterioration reservees free from the reserva)
imputable to the reservoir.
A. 30 yrs for real property
10. While reservor is alive, reservees cannot impugn or annul any B. 8 yrs for personal property if done with bad faith.
alienation or encumbrance of real or personal property effected by
reservoir. TN: Prescriptive period begins from the death of reservor. (during
reservor’s lifetime reserves not yet entitled)
Problem:
A died intestate having a considerable fortune. His widow, B gave birth 5. Registration under the Torrens System free from the reservation
to a child, C 3 months after A’s death. C died 2 days after it was born. (without prejudice to the liability of reservor to reservees) But, if
B subsequently died 2 days after the death of C. The inheritance left by property is still under the name of reservor, conveyance can be
A is claimed by legitimate mother of B and legitimate brother of A, no brought against his estate.
other relatives. Who gets the inheritance?
6. Renunciation or waiver by all reservees after the death of reservor.
Answer: Half should properly go to the legitimate brother of A pursuant (If only 1 renounces, others can still get their share).
to the principle of reserve troncal. But the other half inherited by B
directly from A by legal succession is not reservable. It belongs to her Important: No valid waiver while reservor lives.
estate and therefore should go to her nearest intestate heir, her
legitimate mother. TN: If reservable property is expropriated by the government, reserva
continues on the indemnity. If reservable property is insured and then
Requisites for passing title from reservor to reservee destroyed, reserva continues on the insurance indemnity.
1. Death of the reservor/reservista
2. Reservee had survived the Reservor Reservee is alive at time of reservor’s death. Even if reservee dies before
claiming, the property nevertheless transmits rights to his own heirs for
Legitimate relatives within the 3rd degree is comprised of: he survived the reservor.
A. 1st degree – parents of the propositus,
Problem: 6. Legacy of remission

C son received from B mom 200k by virtue of will. C had properties of
his own amounting to 400k. Upon C’s death, he left a will giving all his DUTY OF GIVING THE LEGACIES/DEVISES
estate 600k to A his father. How much is reservable?
GR: Estate must deliver, unless it impairs the legitime.
Answer:
This is a case of testate succession. Since the father’s legitime is only XPN: Will imposes to a testamentary heir/legatee/devisee. In this case,
½, he received the P600K in two capacities: half as a compulsory heir it now becomes a ‘sub-legacy’ or ‘sub-devise’.
which was received by operation of law and the other half as voluntary
heir thus by will and not by operation of law. Now then, according to Example of sub-legacy:
the theory of: “I bequeath to my son C, 1,000,000 and he must give 50,000 to D”
1. Reserva Maxima Important: A legatee/devisee is bound to give the sub-legacy only to

200k is the reservable property. It includes all that can be included the extent of what was given to him, while a compulsory heir is bound
in the half constituting the legitime of the reservor. This is in to give the sub-legacy only insofar as not to impair his/her legitime.
consonance with Article 891.
If only one heir is burdened with the sub-legatee/sub-devise, he alone
2. Reserva Minima shall be bound (Art. 926). If none are given the obligation, all heirs are
100k is the reservable property. Half of the 200k received from liable in the proportion to their institution of the free disposal.
origin B was given to A as legitime by operation of law. So the
reservable property is only 100k. Such is more just, equitable and Both are subject to the limitations imposed in Art. 925.
logical. This is followed, in view of the silence of the law.
A and B were instituted 3/5 and 2/5 of the 1 million estate,
respectively. They were both required to give 50,000 to C. How
LEGATEES AND DEVISES much should each contribute?
CONCEPTS A: A = 35,000; B = 15,000

Relevant provision
A receives a total of 600,000 [Legitime of 250,000 + free portion of
Art. 924. All things and rights which are within the commerce of man 350,000]
may be bequeathed or devised. B receives a total of 400,000 [Legitime of 250,000 + free portion of
150,000]
Art. 925. A testator may charge with legacies and devises not only his
compulsory heirs but also the legatees and devisees. The 50,000 must be divided according to their respective proportions.
The latter shall be liable for the charge only to the extent of the value Thus, A must give 35,000, while B must give 15,000.
of the legacy or the devise received by them. The compulsory heirs shall
not be liable for the charge beyond the amount of the free portion given
them. SOLIDARY LIABILITY OF HEIRS WHO TAKE POSSESSION
Relevant provision
Art. 926. When the testator charges one of the heirs with a legacy or
devise, he alone shall be bound. Art. 927. If two or more heirs take possession of the estate, they shall
be solidarily liable for the loss or destruction of a thing devised or
LEGACIES AND DEVISES bequeathed, even though only one of them should have been negligent.
1. Legacy — it is a gift of personal property given in a will Example:

B, C, D, E, all heirs to A, stole the latter’s car (which is bequeathed to
Testator ‘bequeaths’ property F). If due to the negligent driving of B the car is destroyed, B, C, D, E
are all solidarily liable.
2. Devise — it is a gift of real property given in a will.
LIABILITY FOR EVICTION
Testator ‘devises’ property
Relevant provision
Purpose Art. 928. The heir who is bound to deliver the legacy or devise shall be
1. The compliance by the testator of social duties liable in case of eviction, if the thing is indeterminate and is indicated
2. His rewarding of the love and devotion of friends and relatives only by its kind.
3. His show of gratefulness for acts done to him
4. His giving of funds to beneficent and charitable institutions. Rules:
Commerce of man 1. If no heir was burdened with the obligation to deliver, article does
Property that may be sold, exchanged, donated or transferred. not apply. The estate is burdened instead. (This involves court
In other words, any property that may be alienated or disposed of by proceedings and approval)
the testator.
2. If the thing is specific and determinate, article does not apply. Not
Examples: liable for eviction because the guilty heir cannot deliver anymore.
1. Real/personal property
2. Property partly owned by the testator
3. Property not owned by the testator, provided he has knowledge of
such fact
4. Money by way of education/support
5. Legacy of credit
GRANT OF A PART INTEREST Art. 929…Unless the testator expressly declares that he gives
the thing in its entirety.
Relevant provision
Art. 929. If the testator, heir, or legatee owns only a part of, or an T: “I devise the entire lot in Mandaue, to A.”
interest in the thing bequeathed, the legacy or devise shall be
understood limited to such part or interest, unless the testator expressly We must determine if T had knowledge that he owned partial:
declares that he gives the thing in its entirety.
A. If the testator had no knowledge that he did not own the entire
Example: lot: In so far as the 2/3 is concerned, Art. 930 will apply. It becomes
When Towns 1/3 of a real property then institutes a devisee to it: I a void institution.
institute A to the lot in Mandaue. Upon T’s death, A is understood only
to inherit 1/3 and not the entire lot. B. If testator had knowledge that he didn’t own the entire lot and still
made the institution: In so far as the 2/3 is concerned Art. 931 will
How to prove knowledge: apply. Estate will try to acquire the 2/3. If negotiations fail, the
By the words in the will or by extrinsic evidence. equivalent value of the 2/3 should be given.
Basis: Comments under Art. 794 and Opinion of Mison.

EFFECT OF ERROR IN OWNERSHIP
Relevant provision
THING ALREADY BELONGS TO RECIPIENT
Article 930. The legacy or devise of a thing belonging to another person
is void, if the testator erroneously believed that the thing pertained to Relevant provision
him. But if the thing bequeathed, though not belonging to the testator
when he made the will, afterwards becomes his, by whatever title, the Art. 932. The legacy or devise of a thing which at the time of the
disposition shall take effect. execution of the will already belonged to the legatee or devisee shall be
ineffective, even though another person may have some interest
Applies if testator is: therein.
(1) Not the owner and
(2) Is oblivious of such fact If the testator expressly orders that the thing be freed from such interest
or encumbrance, the legacy or devise shall be valid to that extent.
Example: T devised a real property to B, thinking he owned it. (The real
property is really owned by A.) Example:
T bequeaths his car to A, free from an existing chattel mortgage. = Valid
This institution is considered void.
EFFECT OF ALIENATION BY LEGATEE OR DEVISEE
Important: If however, if T owned the lot during his death, it remains
valid. (Curative) Relevant provision
Art. 933. If the thing bequeathed belonged to the legatee or devisee at

TESTATOR ORDERS ACQUISITION the time of the execution of the will, the legacy or devise shall be without
effect, even though it may have been subsequently alienated by him.
Relevant provision
Art. 931. If the testator orders that a thing belonging to another be If the legatee or devisee acquires it gratuitously after such time, he can
acquired in order that it be given to a legatee or devisee, the heir upon claim nothing by virtue of the legacy or devise; but if it has been
whom the obligation is imposed or the estate must acquire it and give acquired by onerous title he can demand reimbursement from the heir
the same to the legatee or devisee; but if the owner of the thing refuses or the estate.
to alienate the same, or demands an excessive price therefor, the heir
or the estate shall only be obliged to give the just value of the thing. Examples:
1. A bequeaths to B, B’s car. = Ineffective;
Applies if testator is: 2. Even if B alienates the car in favor of a friend, C.
(1) Not the owner and
(2) Knows of such fact Important: Even though it may have been subsequently alienated by
him. = Still ineffective.
Example: T devises to A, B’s property. Upon T’s death, the heir
burdened/the estate must acquire B’s property for A. If negotiations fail, PROPERTY WITH SECURITY
just value of the thing should be given to A.
Relevant provision
If B alienates to stranger C, the obligation to acquire the property is
directed to C. Art. 934. If the testator should bequeath or devise something pledged
or mortgaged to secure a recoverable debt before the execution of the
What happens if B alienates to T? A fortiori that A can inherit will, the estate is obliged to pay the debt, unless the contrary intention
Sub-question: What if after B alienates to T, the latter alienates appears. The same rule applies when the thing is pledged or mortgaged
to A? after the execution of the will.
If by donation, B inherits nothing from T’s estate anymore.
If by sale, B may ask reimbursement from T’s estate. Any other charge, perpetual or temporary, with which the thing
bequeathed is burdened, passes with it to the legatee or devisee.
What happens if B alienates to A?
If by donation, B inherits nothing from T’s estate.
If by sale, B may ask reimbursement from T’s estate.
GR: The liens of a property that is given must be paid by the estate. LEGACY OF REMISSION OF DEBT
Example: “T devises a lot that is covered by an unpaid 500,000 Example: C loans from A 500,000 and pledges his ring. A bequeaths C
mortgage, to A”; (e.g. Pledge, Mortgage, Antichresis) a remission of the 500,000 debt.
XPNs: The testator is the creditor in a loan contract.

1. When the testator states that the debt should not be paid
2. Pledge/Mortgage was not given to secure a recoverable debt (e.g. May be:
performance of function) (1) Generic—Comprises of a release of all existing debts during the
execution of the will; [Art. 937]
TN: All other encumbrances on the property other than security is not (2) Specific—Particular debt is mentioned
extinguished and the legatee or devisee must respect such. (e.g.
easements, usufructs, leases) May be reduced if it impairs the legitime. (A donation was made)
LEGACY OF CREDIT AND REMISSION OF DEBT The remitted amount should be added to the net hereditary estate.
Relevant provisions If requested, the estate must give the legatee an acquittance/receipt of
Art. 935. The legacy of a credit against a third person or of the remission payment. [Art. 935]
or release of a debt of the legatee shall be effective only as regards that
part of the credit or debt existing at the time of the death of the testator. The debt is not extinguished if what was bequeathed is the security.
[Art. 936]
In the first case, the estate shall comply with the legacy by assigning to
the legatee all rights of action it may have against the debtor. In the Example:
second case, by giving the legatee an acquittance, should he request
one. Property Left = 100,000
Legacy of Remission = 500,000
In both cases, the legacy shall comprise all interests on the credit or Net Hereditary Estate = 600,000 = (500,000 + 100,000)
debt which may be due the testator at the time of his death. Legitime = 300,000; Free Portion = 300,000
X and Y (children) = 150,000/each
Art. 936. The legacy referred to in the preceding article shall lapse if the 500,000 legacy of remission must be reduced by 200,000 so as not to
testator, after having made it, should bring an action against the debtor impair the legitime.
for the payment of his debt, even if such payment should not have been
effected at the time of his death. LEGACY TO CREDITORS
The legacy to the debtor of the thing pledged by him is understood to Relevant provision
discharge only the right of pledge. Art. 938. A legacy or devise made to a creditor shall not be applied to
his credit, unless the testator so expressly declares.
Art. 937. A generic legacy of release or remission of debts comprises
those existing at the time of the execution of the will, but not subsequent In the latter case, the creditor shall have the right to collect the excess,
ones. if any, of the credit or of the legacy or devise.
LEGACY OF CREDIT Rules:

1. The testator is the debtor in a loan contract.
Example: C owes A 500,000. A bequeaths to B the 500,000 credit. 2. The creditor claims any excess from the legacy/devise (2nd par.)
The testator is the creditor in a loan contract. GR: Legacies and devises do not operate to extinguish/apply to an
existing debt.
Executor or administrator may:
(1) Assign the creditor’s actions straight; or Example: “A owes B P10M. A bequeathes to B P10M.”
(2) Collect the credit first then deliver the amount to the legatee. (Art.
935) XPN: If testator expressly declares.
GR: Applies to existing credits. (If half has been paid by C to A, B may APPLICATION OF SOLUTIO INDEBITI
only claim the other remaining half)
Relevant provision
XPN: If A brought a judicial claim against C for the credit, the legacy is Art. 939. If the testator orders the payment of what he believes he owes
deemed revoked by operation of law, unless the testator provides but does not in fact owe, the disposition shall be considered as not
otherwise. (only insofar as the uncollected balance) [Art. 936] written. If as regards a specified debt more than the amount thereof is
ordered paid, the excess is not due, unless a contrary intention appears.
May be:
(1) Generic— All credits concerning the testator during the execution The foregoing provisions are without prejudice to the fulfillment of
of the will; or natural obligations.
(2) Specific— Credit is specified in the will
GR: A testator’s erroneous payment order is considered not written.
Examples:
1. T ordered the payment of 100,000 to A, but in fact T really doesn’t

have any debt. (Effect: Totally not written)
2. T ordered the payment of 100,000 to A, but in fact T only owes A Reason for the difference between generic legacy and generic
80,000. (Effect: Only 20,000 is not written) devise:
XPN: Testator expressly provides. (Natural obligation) 1. Paras — Personal property is determined by nature while real
property there is really no genus because all real property is
ALTERATIVE LEGACIES practically individualized by the efforts of man. (Torrens system)
Relevant provision 2. Jurado — Real property has no predetermined specie and its
Art. 940. In alternative legacies or devises, the choice is presumed to be individualization depends exclusively upon the will of man.
left to the heir upon whom the obligation to give the legacy or devise
may be imposed, or the executor or administrator of the estate if no 3. Mison — Because of the inherent difficulty in procuring real
particular heir is so obliged. property vs. personal property (with regard to medium
quality)
If the heir, legatee or devisee, who may have been given the choice,
dies before making it, this right shall pass to the respective heirs. Examples of void legacies:
Once made, the choice is irrevocable. 1. T bequeaths some bikes to A. (Intent of T as to how many bikes
cannot be determined)
In alternative legacies or devises, except as herein provided, the 2. T gives an animal to A. (Intent of T as to what type of animal
provisions of this Code regulating obligations of the same kind shall be cannot be determined)
observed, save such modifications as may appear from the intention
expressed by the testator. Period to consider existence of property in the estate
Upon the testator’s death.
Example:
T bequeaths 50,000,000 to A and orders him to give C either: T’s red Who chooses?
sports car, T’s pick-up truck or T’s SUV) Same rules as Alternative Legacy/Devise
In this case, testator provides a choice of legacies/devises to give a 1. Stipulated: heir/legatee/devisee burdened or recipient [Art. 942].
specified heir, alternatively. 2. If the stipulated person predeceases testator [Art. 940], fails to
choose [Art. 943], or renounces the right to choose, the respective
Essence of being ‘alternative’: it’s one or the other. heirs are given the obligation.
Who chooses? TN: Any type of quality may be given;

1. Stipulated heir/legatee/devisee burdened or recipient [Art. 942].
2. If the stipulated person predeceases testator [Art. 940], fails to 3. Not stipulated: Executor/Administrator
choose [Art. 943], or renounces the right to choose, the respective
heirs are given the obligation. If executor/administrator – the ff rules must be followed:
3. If not stipulated, the executor or administrator A. Choice must be of medium quality (neither superior nor inferior)
B. Choice should be first selected from testator’s estate.
Important: Choice is irrevocable. UNLESS the consent of person
choosing is vitiated. LEGACY OF EDUCATION AND SUPPORT
Institution becomes a simple one when: Relevant provision
1. Only one choice is left. Art. 944. A legacy for education lasts until the legatee is of age, or
2. Choice is communicated to the recipient. beyond the age of majority in order that the legatee may finish some
professional, vocational or general course, provided he pursues his
LEGACY OR DEVISE OF GENERIC PROPERTY course diligently.
Relevant provision A legacy for support lasts during the lifetime of the legatee, if the
Art. 941. A legacy of generic personal property shall be valid even if testator has not otherwise provided.
there be no things of the same kind in the estate.
If the testator has not fixed the amount of such legacies, it shall be fixed
A devise of indeterminate real property shall be valid only if there be in accordance with the social standing and the circumstances of the
immovable property of its kind in the estate. legatee and the value of the estate.
The right of choice shall belong to the executor or administrator who If the testator or during his lifetime used to give the legatee a certain
shall comply with the legacy by the delivery of a thing which is neither sum of money or other things by way of support, the same amount shall
of inferior nor of superior quality. be deemed bequeathed, unless it be markedly disproportionate to the
value of the estate.(879a)
Example of generic legacy:
T bequeaths a bike to A. If T did not have a bike upon his death, the
institution is still valid.
Example of generic devise:
T devised 100 sqm of land to A. If T did not have 100 sqm upon his
death, the institution is invalid.
WHEN WILL IT LAST 6. By the termination of the right of the person constituting the
usufruct
1. For legacy of education 7. By prescription
GR: Until legatee is 18 ACQUISITION OF RIGHTS

XPN: Professional, vocational, general course and legatee pursues
it diligently. Relevant provision
Art. 947. The legatee or devisee acquires a right to the pure and simple
TN: Diligence is a judicial question. legacies or devises from the death of the testator, and transmits it to his
heirs.
2. For legacy of support
Art. 948. If the legacy or device is of a specific and determinate thing
GR: Until legatee’s death pertaining to the testator, the legatee or devisee acquires the ownership
XPN: Testator provides for a limit thereof upon the death of the testator, as well as any growing fruits, or
unborn offspring of animals, or uncollected income; but not the income
HOW MUCH IS GIVEN? which was due and unpaid before the latter's death.
GR: Amount is to be fixed according to the circumstances (social From the moment of the testator's death, the thing bequeathed shall be
standing and value of the estate) at the risk of the legatee or devisee, who shall, therefore, bear its loss
or deterioration, and shall be benefited by its increase or improvement,
XPN: Unless the testator provides for an amount; without prejudice to the responsibility of the executor or administrator.
If the testator during his lifetime used to give the legatee a certain sum Art. 949. If the bequest should not be of a specific and determinate
of money or other things by way of support, the same amount shall be thing, but is generic or of quantity, its fruits and interests from the time
deemed bequeathed, unless it be markedly disproportionate to the value of the death of the testator shall pertain to the legatee or devisee if the
of the estate. testator has expressly so ordered
Allowances given by testator to the legatee is deemed bequeathed. When do a legatee or devisee acquire the rights to the pure and
simple legacies or devises?
LEGACY OF PENSION
GR: As of the moment of testator’s death.
Relevant provision
Art. 945. If a periodical pension, or a certain annual, monthly, or weekly XPNs:
amount is bequeathed, the legatee may petition the court for the first 1. Generic – from the time a selection has been made, so as to make
installment upon the death of the testator, and for the following ones it specific
which shall be due at the beginning of each period; such payment shall 2. Alternative – from the time a selection has been made
not be returned, even though the legatee should die before the 3. Acquired from STRANGER by order of the Testator – moment of
expiration of the period which has commenced. acquisition.
Example: A bequeaths 6,000,000 to B, the amount to be delivered in TN: Specific – use the General Rule.
24 monthly installments. (250,000 per month)
Does Art. 947 includes Conditional gifts?
Rules: It only talks about “Pure and Simple Gifts”. However, if CONDITIONAL,
1. Testator bequeathed a certain amount that is given periodically right to the legacy is vested as of the moment of death, provided that
(weekly, monthly, annually) the condition is fulfilled.
2. Remedy to receive the pension: Legatee petitions for the first
installment to the court. A. Suspensive term – from the moment of the Testator’s Death,
3. Order of distribution must first be complied with. however, it becomes effective until after the arrival of the
4. Payment cannot be returned anymore if legatee dies subsequent suspensive term.
to the testator.
B. Resolutory term – from the moment of the Testator’s Death, but
LEGACY OF PROPERTY SUBJECTED TO A USUFRUCT will END when the resolutory term arrives.
Relevant provision OWNERSHIP

Art. 946. If the thing bequeathed should be subject to a usufruct, the
legatee or devisee shall respect such right until it is legally extinguished. 1. PURE and SPECIFIC – upon the death of the testator
2. PURE and GENERIC – it depends:
Example: During his lifetime, T executed a usufruct over Lot 1; B being
the usufructuary. Later on, T devised Lot 1 to A. Upon the death of T, A (a) If the thing comes from the testator’s estate, upon the
is a mere naked owner and must respect the usufruct over Lot A, until testator’s death.
such usufruct is extinguished. (b) If the thing has to be acquired from a third person, upon the
acquisition of the thing.
Instances of usufruct being extinguished: [Art. 603]
1. Death of usufructuary, unless a contrary intention appears 3. TERM: Suspensive – Retroacts to the testator’s death
2. Expiration of the period for which it was constituted or fulfillment 4. CONDITION: Suspensive – happening of such event, however, it
of any resolutory condition provided in creating the usufruct retroacts to the testator’s death
3. Merger of the usufruct and ownership in the same person
4. Renunciation of the usufructuary
5. Total loss of the thing in usufruct
FRUITS Expenses necessary for the delivery of the thing bequeathed shall be
the account of the heir or the estate, without the prejudice of the
GR: Belongs to the grantee from the Testator’s Death (grantee being Legitime. Here, it is voluntary.
capacitated and accepts the gift). Includes devise or legacy, growing
fruits, unborn offspring of animals, uncollected income (After the DELIVERY OF THE LEGITIME AND DEVISE
Testator’s Death).
Relevant provision
XPNs: Art. 953. The legatee or devisee cannot take possession of the thing
1. Pure and Generic – Upon determination of what is to be delivered bequeathed upon his own authority, but shall request its delivery and
to the devisee or legatee unless the testator provides. possession of the heir charged with the legacy or devise, or of the
2. Term – Upon the arrival of the Term executor or administrator of the estate should he be authorized by the
3. Conditional – Upon the happening of the suspensive condition court to deliver it.
TN: If fruits are already separated, it will not form part of the gift. Art. 954. The legatee or devisee cannot accept a part of the legacy or
devise and repudiate the other, if the latter be onerous.
INSUFFICIENCY OF ESTATE
Should he die before having accepted the legacy or devise, leaving
Relevant provision several heirs, some of the latter may accept and the others may
Art. 950. If the estate should not be sufficient to cover all the legacies repudiate the share respectively belonging to them in the legacy or
or devises, their payment shall be made in the following order: devise.
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the testator to be preferential; Rules:
(3) Legacies for support;
(4) Legacies for education; A. Any compulsory heir who is at the same time a legatee or devisee
(5) Legacies or devises of a specific, determinate thing which forms may waive the inheritance and accept the legacy or devise, or
a part of the estate; renounce the latter and accept the former, or waive or accept both.
(6) All others pro rata.
B. Ownership and possession is transmitted indeed from the testator’s
When the estate is not sufficient to cover legacies or devises? death, actual delivery and possession will have to wait till the
By Order of Preference provided in Article 950. formalities required are complied with.
C. This would seem to include those terms and conditions.

ACCESSIONS AND ACCESSORIES
Relevant provision D. The legatee or Devisee before having accepted the legacy or
devise, leaving several heirs, some of the latter may accept and
Art. 951. The thing bequeathed shall be delivered with all its accessories
the others may repudiate the share respectively to them. For this
and accessories and in the condition in which it may be upon the death
to apply, death of the legatee or devisee should be after the
of the testator.
testator’s death but before acceptance.
Accessions
May be natural, like alluvium, or industrial, like adjunctions. TWO LEGACIES OR DEVISES
Relevant provision
Accessories
Those dependent on a principal, like the jack for an automobile, or the Art. 955. The legatee or devisee of two legacies or devises, one of which
machines in a factory. is onerous, cannot renounce the onerous one and accept the other. If
both are onerous or gratuitous, he shall be free to accept or renounce
both, or to renounce either. But if the testator intended that the two
RESPONSIBILITY OF THE HEIR OR ESTATE
legacies or devises should be inseparable from each other, the legatee
Relevant provision or devisee must either accept or renounce both.
Art. 952. The heir, charged with a legacy or devise, or the executor or What if two or more legacies or devises?
administrator of the estate, must deliver the very thing bequeathed if
he is able to do so and cannot discharge this obligation by paying its GR: The legatee or devisee cannot accept a part of the legacy and
value. repudiate the other, if one is onerous.
Legacies of money must be paid in cash, even though the heir or the XPNs:
estate may not have any. 1. If testator so provides.
2. If both are onerous/ gratuitous UNLESS indivisible.
The expenses necessary for the delivery of the thing bequeathed shall
be for the account of the heir or the estate, but without prejudice to the Example:
legitime. A was given a devise of a house with the stipulation that the lower story
was being gratuitously, but the upper story would be given on condition
The Executor or Administrator must deliver the very thing bequeathed that A would not marry B. A is not allowed to accept the lower story and
if he is able to do so and cannot discharge this obligation by paying its renounce the upper one since the latter is onerous.
value.
Legacies of money shall be paid in cash, even though the heir or the
estate may not have any. Here, the personal and real properties may be
sold.
REPUDIATION BY LEGATEE OR DEVISEE MISTAKE AS TO THE NAME

Relevant provision Relevant provision
Art. 956. If the legatee or devisee cannot or is unwilling to accept the Art. 958. A mistake as to the name of the thing bequeathed or devised,
legacy or devise, or if the legacy or devise for any reason should become is of no consequence, if it is possible to identify the thing which the
ineffective, it shall be merged into the mass of the estate, except in testator intended to bequeath or devise.
cases of substitution and of the right of accretion.
TN: Same rule in Art. 789.
What if legatee or devisee repudiates?
The legatee or devise cannot or is unwilling to accept the legacy or DISPOSITIONS MADE IN GENERAL TERMS
devise, or if the legacy or devise for any reason becomes ineffective, it
shall be merged into the mass of the estate, except in cases of Relevant provision
substitution and of the right of accretion. Art. 959. A disposition made in general terms in favor of the testator's
relatives shall be understood to be in favor of those nearest in degree.
In case of incapacity or repudiation or in case it becomes ineffective, the
legacy or the devise will descend by intestate succession unless there is
substitution or accretion.
T having a son named Z, provides in his will that he will give a

car to A and B. However, A repudiates. At the time of T’s death,
where does the car go?
To B, by manner of Accretion. Not to Z.
REVOCATION OF LEGACIES AND DEVISES

Relevant provision
Art. 957. The legacy or devise shall be without effect:
(1) If the testator transforms the thing bequeathed in such a manner

that it does not retain either the form or the denomination it had;
(2) If the testator by any title or for any cause alienates the thing
bequeathed or any part thereof, it being understood that in the
latter case the legacy or devise shall be without effect only with
respect to the part thus alienated. If after the alienation the thing
should again belong to the testator, even if it be by reason of
nullity of the contract, the legacy or devise shall not thereafter be
valid, unless the reacquisition shall have been effected by virtue
of the exercise of the right of repurchase;
(3) If the thing bequeathed is totally lost during the lifetime of the
testator, or after his death without the heir's fault. Nevertheless,
the person obliged to pay the legacy or devise shall be liable for
eviction if the thing bequeathed should not have been
determinate as to its kind, in accordance with the provisions of
Article 928.
Revocation of legacies and devises

If the testator TRANSFORMS, ALIENATES, OR LOSTS the thing
bequeathed, there is implied revocation.
1. Transforms: As to form; and as to Denomination.
Example: Swimming pool to Tennis court.
2. Alienates: Donates or sells the property bequeathed, there is

implied revocation of the disposition.
Example: Selling/Donating of a Legacy/Devise. Selling of Land with

a right to repurchase.
3. Lost: Relates to a lost on a specific or particular thing
Example: House was totally burned.

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WILLS AND SUCCESSION l Atty.

Ferdinand Gujilde l For the exclusive use of EH 404 2016-2017

 Simultaneously – insofar as the right to succeed is concerned KINDS OF SUBSTITUTION

Purpose of substitution Simple substitution

BRIEF OR COMPENDIOUS SUBSTITUTION Discussion on the absurdity of the 2nd par

(a) Unequal shares

Example: I institute A to 2/3 and B to 1/3, if one of them

6. It must be made in an express manner.

Purpose 1st requisite – There must be a first heir

A: It would depend. Purchaser for value and in good faith will be

transmit the property to the second heir Meaning of “one degree”

Important: Whether a person is mature or not depends upon the

Example: “Pending delivery to Ms. Otadoy, I hope he will not

Important: The nullity of the fideicommissary substitution does

2. If the obligation is conditional

3. Where there is no obligation to preserve

A. In case there is a fideicommissary substitution – the prohibition

EFFECT OF NULLITY OF THE Purpose of the legitime

LEGITIME Meaning of “compulsory”

Relevant provision Right of completion of legitime

Three systems affecting the legitime Relevant provision

Formula How value of estate is determined

Answer: (1) Donations shall be respected as long as the legitime can be

Sir: There can be collation but for computation in determining if the

Lolo TN: Different approach but same result.

PARENTS NOT OBLIGED TO COLLATE Meaning of education

Q: How about a car and the parent is only an election officer?

DONATIONS TO SPOUSE OF A CHILD Education after high school

Relevant provision INDIRECT DONATION BY PARENTS

GR: A child’s debt paid by the parent is collationable. Value collated

FRUITS & INTEREST OF COLLATIONABLE PROPERTIES This happens when:

Rules: Comment of Justice JBL Reyes

A: Because of the presence here of a: What are collationable?

When collation is prematurely raised 5. Donations to son-in-law or daughter-in-law. (Art. 1066)

8. Wedding gifts not exceeding 1/10th of the sum disposable by will.

9. Fruits and interest of property subject to collation from the time of

Legend: ILLEGITIMATE CHIDLREN CONCCURING WITH RELATIVES

Example: Testator has property worth P120,000.

Surviving Spouse 2. A is the only illegitimate child of T. T gave A his legitime of

Surviving Spouse Relevant provisions

The legitime of an illegitimate child who is neither an acknowledged

Example: Testator has property worth P120,000.

2. If T is survived by A and B, legitimate children, and C, D, E,

ILLEGITIMATE PARENTS CONCURRING WITH RELATIVES RESERVA TRONCAL

Relevant provision CONCEPTS

Relatives The property originally received from origin is transferred to

3. M gave C a sweepstakes ticket which eventually won 1st prize. After

A. 1st degree – parents of the propositus,

Problem: 6. Legacy of remission

1. Reserva Maxima Important: A legatee/devisee is bound to give the sub-legacy only to

CONCEPTS A: A = 35,000; B = 15,000

1. Legacy — it is a gift of personal property given in a will Example:

Basis: Comments under Art. 794 and Opinion of Mison.

Art. 933. If the thing bequeathed belonged to the legatee or devisee at

XPNs: The testator is the creditor in a loan contract.

LEGACY OF CREDIT Rules:

1. T ordered the payment of 100,000 to A, but in fact T really doesn’t