Civil Law Review I: Succession

II. Succession

Definition; see when property, rights, are transmitted; see kinds of succession, in general (testate v. intestate);
see kinds of heirs (voluntary, intestate, compulsory, devisee, legatee)

A. Wills in general

Capacity to will estate: see Arts. 796-797; distinguish incapacity vs. supervening incapacity

1. Holographic Wills

Art. 804; 810.

See requisite for insertions, alterations, erasures (Art. 812, 814)

2. Notarial Wills

Art. 804-808

See Art 823

3. Wills executed abroad by Filipinos

Art. 815 as to form; but see Art. 16.

4. Joint Wills by Filipinos

Art. 818; 819

Distinguish joint wills from reciprocal wills

On Notarial Wills

See modes of subscription; signature; thumbmark; other drawings as signature (Garcia v. Lacuesta (1951);
another person’s affixing testator’s name (then compare the scope of permissible subscriptions with
holographic wills)

On witnessing: Jaboneta doctrine (1906)

On notarization (acknowledgement), distinct from attestation: Echavez v. Dozen Construction and

Development Corp. (2010)
Codicil: Art. 825-826 (definition and form)

Revocation of Wills

Modes: Art. 830

Validity of Revocation:

a. Revoking outside the Philippines

b. Revoking within the Philippines

On revocation by subsequent will, codicil, or other writing: see express vs. implied

On express revocations: doctrine of dependent relative revocation (Molo v. Molo, 90 Phil 37)

Exceptions: Art. 832

Revocation for False or Illegal Cause: Art 833.

Implied Revocation: see Art. 831

See Art. 383.

On destruction: see requisite intent; see act required; and presumption of revocation

(Gago v. Mamuyac, [1927])

Republication and Revival

Distinction

For wills voided by form, republication or revival?

On revival: if a later will revokes a first will, will the revocation of the later wil l revivethe original testament?

Testamentary Succession

Review definition; types of heirs

See reciprocal wills, vs. disposition captatoria, vs. joint wills

A. Preterition

Definitions: preterition; compulsory heir; omission; legitime; direct line

See requisites: status of heir; extent of omission (see Morales v. Olondriz [2016]; survival.

See effects (Art. 854)

Preterition v. Disinheritance

B. Substitution

Definition

See Fideicommisary Substituion (Art. 863); definition; requisites; see how

fideicommissary substitution relates to Art. 870 (general rule on alienability of legitimes)

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Civil Law Review I: Succession

II. Succession

(Continued from Substitution)

C. Legitimes

See definition; distinguish v. free portion; see Art. 1083; review definition of compulsory

heirs

Of conditions: see Art 874; and exception to the rule.

Identify:

a. Primary Compulsory Heirs (excludes Secondary)

b. Secondary Compulsory Heirs (excluded by Primary)

c. Concurring Compulsory Heirs (inherits with primary OR secondary heirs)

(Rules of Proximity; direct vs. collateral; see the case for legitimate parents and

illegitimate parents of the testator)

Review

a. Who are legitimate children (all scenarios, inc., e.g. Art. 41 children; Art. 36, etc)

b. Who are illegitimate children

c. Adopted children as successor; biological parents of the adopted as successor

See tables of legitime (Commentaries/Civil Code)

Reserva Troncal (Art. 891)

Definition; requisites to arise; note: degree; mode of acquisition; origin; modes and lines of transmission;
effect; parties involved; filiation required

Right of reservista to dispose by intervivos or mortis causa

Disinheritance

Art. 915, as exception to the rule on irreducibility of legitimes

Vs. Preterition

See requisites: particularly: will; cause recognized by law; total; statement of cause.

See disinheritance by false cause (Art. 918)

See reconciliation (Art. 922)

Representation and disinheritance: (Art. 923)

Legacies and Devises

See definition

Art. 930

Intestate Succession

Instances giving rise to: Art. 960; Art. 854.

Rules of Preference:

a. See Direct v. Collateral

b. See Nearer vs. Remote

c. See Descendant vs. Ascendant Rules (Direct) (Distinguish effect if descendant is illegitimate/legitimate)

d. Exclusionary effect of Surviving Spouse; who is excluded

e. Nieces and Nephews vs. Aunts and Uncles

f. Representation

Art. 971

Art. 981, 982

Repudiation and Representation: compare Art. 977 v. 968

By Adopted Children: Diaz v. IAC, 182 SCRA 427

By Illegitimate children: see limit in Art. 902; see availability in Art. 989-990; see Art. 992 (Barrier Rule/Iron
Curtain Rule – see mutual exclusion under the rule)

g. When does the State inherit?

Intestate Succession

Decedent: Legitimate Child

See distribution of successional rights (Commentaries/Table)

Review: Concurrence and Exclusion (check who may concur with surviving spouse; with illegitimate
children); see Art. 968 (relatives of the same degree, with repudiators/incapacitated)

Review Art. 992; Art. 891.

Intestate succession and adoption

Adopter as deceased: Art. 18, R.A. 8552

Adopted, as deceased: Art. 18, R.A. 8552

Adopter/s (joint adoption) predecease/s the adopted: In re Adoption of Garcia (2005)

Representation
Art. 970; definition

When arises: a) testacy, with respect to legitime; b) intestacy, intestate share. See causes.

Art. 971 – source of inheritance

Art. 972 - on collaterals

Distinguish Art 976 from Art. 977 (in case of renounciation)

Art. 992 (barrier/curtain)

Provisions Common to Testate and Intestate Succession

Accretion

Art. 1015; definition

See causes for testacy; intestacy (Arts. 1016; 1018)

See requisites

For compulsory heirs (free portion): see Art. 1021.

Note:

What accretes:

a. Testate Succession: vacant/free

b. Intestacy: Art. 981 and 1035, over Art. 1015; but see repudiation (Art. 1018)

Capacity to Succeed

See Art. 16

See list of those absolutely incapacitated (Art. 1025, 1026, 1027 [6])

For undue influence:: See Art. 1027, but note the inheritance precluded by the incapacity.

For public policy/morality: Art. 1028 (review void donations, Art. 739)

Cause of Unworthiness; Condonation: Art. 1032-33

Prescriptive Period: Art. 1040