FAMILY RELATION

MARRIAGE
- is a special contract of permanent union
between a man a woman entered into in accordance
with law for the establishment of conjugal and family
life. It is the foundation of the family and an inviolable
social institution whose nature, consequences, and
incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix
the property relations during the marriage within the
limits provided by the new civil code.

ESSENTIAL REQUISITES
1. Legal capacity of the contracting parties who
must be a male and a female; and
2. Consent freely given in the presence of the
solemnizing officer.

FORMAL REQUISITES
1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases
provided for by law (chapter 2 of this title)
3. A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in
the presence of not less than 2 witnesses of legal
age.

 The absence of any of the essential or formal

requisites shall render the marriage void ab initio,
except (art. 35(2)) those solemnized by any
person not legally authorized to perform
marriage unless such marriage were contracted
with either or both parties believing in good faith
that the solemnizing officer had legal authority to
do so.

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 SUCCESSION c) The character of the
testamentary act.
Succession is a mode of acquisition by virtue of which
the property, rights and obligations, to the extent of FORMS OF WILLS
the value of the inheritance, of a person are ART. 804 IN GENERAL:
transmitted through his death to another or other 1. Will must be in writing;
either by hi will or by operation of law. 2. It must be in a language or dialect known to
the testator.
TESTAMENTARY SUCCESSION
WILLS GOVERNING LAW (AS TO PLACE OF EXECUTION)
WILL - An act whereby a person is permitted, with the
formalities prescribed by law to control to a certain FILIPINO TESTATOR
degree the disposition of his estate to take effect after 1. Philippines - Philippine law
his death. 2. Outside of the Philippines
a) Philippine Law
KINDS OF WILLS b) Lex Celebrationis (Law of the country
1. Notarial Will - an ordinary or attested will, which where the will is executed)
must comply with the requirements of the law.
2. Holographic Will - a will entirely written, dated ALIEN
and signed by the hand of the testator. 1. Philippines
a) Philippine Law
CHARACTERISTICS OF WILLS b) Lex Nationalii
2. Outside of the Philippines
1. Purely personal a) Philippine Law
2. Free and intelligent b) Lex Nationalii
3. Solemn or formal c) Law of the place where the testator
4. Revocable and ambulatory resides
5. Mortis causa d) Lex Celebrationis (Law of the country
6. Individual where the will is executed)
7. Executed with animus testandi (intent to dispose
of the property HOLOGRAPHIC WILL
8. Executed with testamentary capacity Formal Requisites for Probate
9. Unilateral act 1. In writing;
10. Dispositive 2. In a language known to the testator;
11. Statutory grant 3. Entirely written, dated and signed in the hand
of the testator himself.
 Formal Validity - law in force at the time the will
was executed Witnesses Required:
 Intrinsic Validity - Law of decedent’s nationality 1. At least one (1) witness who knows the
at the time of his death handwriting and signature of the testator;
explicitly declare that it is the testator (if
REQUISITES FOR CAPACITY TO MAKE A WILL uncontested)
2. If contested - at least three (3) witnesses
1. The testator must not be expressly prohibited by (one of whom must know the handwriting
law to make a will; and signature of the testator)
2. The testator must be at least 18 years old; 3. In the absence of a competent witness, expert
3. The testator must be of sound mind at the time testimony may be resorted to,
of execution.
Test of soundness of mind: The testator  Joint Will executed by Filipinos, whether in the
must know: Philippines or abroad, are prohibited.
a) The nature of the estate to be  Mutual Will - prohibited
disposed of;  Reciprocal Will - valid
b) The proper objects of his bounty;

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REVOCATION OF WILL KINDS OF PROBATE
1. Post-mortem - after death
 A will may be revoked at any time before his 2. Ante-mortem - during the testator’s lifetime
death.

General Rule:
A revocation made in a subsequent will shall
take effect, even if the new will should become
inoperative by reason of the incapacity of the heirs,
devisees or legatees designated therein, or by their
renunciation.

Exception: Doctrine of Dependent Relative

Revocation
- This doctrine is known as that of dependent
relative revocation, and is usually applied where the
testator cancels or destroys a will or executes an
instrument intended to revoke a will with a present
intention to make a new testamentary disposition as a
substitute for the old, and the new disposition is not
made or, if made, fails of effect for same reason. 

- The rule that where the act of destruction is

connected with the making of another will so as to
fairly raise the inference that the testator meant the
revocation of the old to depend upon the efficacy of
the new disposition intended to be substituted, the
revocation will be conditional and dependent upon
the efficacy of the new disposition; and if for any
reason, the new fill intended to be made as a
substitute is inoperative, the revocation fails and the
original will remain in force.

PRINCIPLE OF INSTANTER
- Revocation clause in the 2 nd will is not
testamentary in character but operates to revoke the
prior will instanter (immediately) upon the execution
of the will containing it. The revocation of the 2nd will
does not revive the 1st will which has already become a
nullity.

ALLOWANCE AND DISALLOWANCE OF WILLS

PROBATE - a proceeding in rem required to establish

the validity of a will and in order to pass real or
personal property. The testator himself may, during
his lifetime petition the court having jurisdiction for
the allowance of his will. (Art. 838, CC).

 Probate of will is MANDATORY.

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