1
to the succession are transmitted from the moment of death of
WILLS AND SUCCESSION
SUCCESSION
Chapter 1: General Provisions
Concept of Succession
Elements of Succession
When Succession opens
Cases
Spouses Isidro R. Salitico and Conrada Salitico v. Heirs
Resurreccion (GR 240199)
Article 777 of the Civil Code, which is substantive
law, states that the rights of the inheritance are transmitted
from the moment of the death of the decedent. Article 777
operates at the very moment of the decedent's death meaning
that the transmission by succession occurs at the precise
moment of death and, therefore, at that precise time, the heir
is already legally deemed to have acquired ownership of
his/her share in the inheritance, "and not at the time of
declaration of heirs, or partition, or distribution.
As applied to the instant case, upon the death of
Amanda, Resurreccion became the absolute owner of the
devised subject property, subject to a resolutory condition that
upon settlement of Amanda's Estate, the devise is not
declared inofficious or excessive.
Therefore, as a consequence of the valid contract of
sale entered into by the parties, Resurreccion had the
obligation to deliver the subject property to the petitioners Sps.
Salitico.
Nacar v. Nistal (L-3306)
Indeed, although respondent Japitana may have a
legal right to recover an indebtedness due him, petitioner
Nicanor Nacar has no correlative legal duty to pay the debt for
the simple reason that there is nothing in the complaint to
show that he incurred the debt or had anything to do with the
creation of the liability.
Vasquez, J. (Concurring)
Under these facts, the filing of an ordinary action to
recover said claim is not allowed in any court. Even if
settlement proceedings had been taken to settle the estate of
Isabelo Nacar, the suit to recover the claim of the private
respondents may not be filed against the administrator or
executor of his estate.
Anderson v. Perkins (L-15388)
There is, however, a serious obstacle to the proposed
sale, namely, the vigorous opposition presented thereto the
appellant, the surviving spouse of the deceased, on the
ground that she is allegedly entitled to a large portion of the
personal properties in question, either because the were
conjugal property of herself and the deceased, or because
they are her own, exclusive, personal property.
Indeed the records show that up to the time the
propose sale was asked for and judicially approved, no
proceeding had as yet been taken, or even started, to
segregate the alleged exclusive property of the
oppositor-appellant from the mass of the estate supposedly
left by the deceased or to liquidate the conjugal partnership
property of the oppositor-appellant and the deceased.
Until, therefore the issue of the ownership of the
properties sought to be sold is heard and decided, and the
conjugal partnership liquidated; or, at least, an agreement be
reached with a appellant as to which properties of the conjugal
partnership she would not mind being sold to preserve their
value the proposed sale is clearly premature.
Maria Vda. De Reyes, et al v. CA (GR 92436)
In the case at bar, the lot sold by Rafael Reyes, Sr. to
private respondent Dalmacio Gardiola is his share in the
estate of his deceased father, Gavino Reyes.
But even if We are to assume arguendo that the oral
partition executed in 1936 was not valid for some reason or
another, We would still arrive at the same conclusion for upon
the death of Gavino Reyes in 1921, his heirs automatically
became co-owners of his 70-hectare parcel of land. The rights
EC NOTES ON WILLS (2020-2021)
the decedent.
Danilo Suarez et. Al. V. CA (GR 94918)
The law in point is Article 777 of the Civil Code, the
law applicable at the time of the institution of the case. "The
rights to the succession are transmitted from the moment of
the death of the decedent."
The latter may freely dispose of the remaining half,
subject to the rights of illegitimate children and of the surviving
spouse as hereinafter provided."
Thus, from the foregoing, the legitime of the surviving
spouse is equal to the legitime of each child.
Petitioners became co-owners of the property not
because of their mother but through their own right as children
of their deceased father. Therefore, petitioners are not barred
in any way from instituting the action to annul the auction sale
to protect their own interest.
CHAPTER 2: Testamentary Succession
SECTION 1. WILLS
SUBSECTION 1. WILLS IN GENERAL
Article 774. Succession is a mode of acquisition by virtue
of which the property, rights and obligations to the extent
of the value of the inheritance, of a person are transmitted
through his death to another or others either by his will or
by operation of the law.
TERMINOLOGIES
● Decedent
● Testator/Testatrix
● Administrator/Administratrix
● Executor/Executrix
● Inheritance – property or right acquired
● Succession – a mode of acquisition
● Legatees
● Devisees
● Compulsory heir
● Voluntary heir
TESTAMENTARY SUCCESSION WILLS
Article. 783. A will is an act whereby a person is
permitted, with the formalities prescribed by law, to
control to a certain degree the disposition of his estate, to
take effect after his death.
● The making of a will is a statutory right.
● Allows the testator “to control to a certain degree the
disposition of his estate after his death.”
Article 777. The rights to the succession are transmitted
from the moment of death of the decedent.
REQUISITES FOR SUCCESSION MORTIS CAUSA:
1. Death (actual or presumed)
2. Rights or properties that are transmissible
3. Transferee (must be living, i.e. no predecease; no
repudiation; no incapacity)
PRESUMPTION OF DEATH
1. Ordinary presumption of death (no probability of death)
● 10 years
● Absentee disappears under normal conditions – 10
years;
● If the person aged 75 disappears – 5 years
2. Extraordinary presumption of death or qualified
absence (with probability of death
● 4 years
● Missing airplane, lost vessel, military missing
because of war, etc
REAPPEARANCE
 2

● In case of the person reappears, he recovers his 8. It is revocable or ambulatory.

property/properties but not the fruits or rent thereof. 9. It disposes of the estate partially or totally

INCHOATE RIGHT RABADILLA VS CA

● Prior to a person’s death, his heirs merely have an
inchoate right to his property. Therefore, during his
lifetime, the heirs have no right of disposition or
alienation over said properties. Tordilla v. Tordilla,
60 Phil 162
● A will cannot be subject of a compromise agreement as it
defeats the purpose of making a will
● Testator’s wishes must be strictly followed.
AMBIGUITY (Art. 788-794)

Q: Can an heir dispose of his share in the estate pending LATENT OR INTRINSIC PATENT OR EXTRINSIC
liquidation? AMBIGUITY AMBIGUITY
● A: Yes. The property is no longer “future property ✔ Does not appear on the ✔ Appears on the will;
will; ✔ No need for extrinsic
Note: Future inheritance cannot be sold ✔ Discovered using evidence;
extrinsic evidence ✔ Ex: I institute some of
Q: Is the donation of property after the decedent’s death ✔ Ex. I hereby give this my relatives. Here, it is
but before a judicial declaration of heirship valid? property to my sister. It obvious that the
● A: Yes, it is not a donation of future inheritance. turns our there are two institution is unclear
Osorio vs. Osorio and Ynchausti, 41 Phil 531 sisters. → “To all the men I’ve
loved before...” = sino
ACCRUAL OF ESTATE TAX sila?
Ambiguity is not seen on the Ambiguity is seen on the will
Q: When does estate tax accrue? Is it at the moment of will
decedent’s death or at the time the heirs possess the How to cure: Extrinsic Evidence
property/ies?
● A: At the time of decedent’s death Note: Testacy is preferred over intestacy only when the will is
valid
Note: The date the inheritance tax (now referred to as estate
tax) is distinct from the date on which it must be paid. AFTER-ACQUIRED PROPERTIES
(Lorenzo vs. Posadas, 64 Phil. 353)
Article 793. Property acquired after the making of a will
Q: Wife and children survive the decedent. Wife sells shall only pass thereby, as if the testator had possessed it
conjugal property. Valid? at the time of making the will, should it expressly appear
● A: Yes, but only insofar as her share is concerned. by the will that such was his intention.
As to the shares of her children, sale is invalid.
● Reason: Children acquired the properties at the Example:
moment of decedent’s death (and not at the time of ● In 2010 T made a will disposing of all his five (5)
the judicial declaration of heirship). Ibarie vs. Po. beach resorts and giving the same to his mentor.
L-5046, Feb. 27, 1953 From 2010 to 2014, T acquired four (4) more beach
resorts. T died in January of 2015. How many
KINDS OF SUCCESSION beach resorts will the mentor get?
o Answer: Only 5. The other 4 are after
Article 778. Succession may be: acquired properties. These properties will
1. Testamentary; go to the compulsory heirs by intestate
2. Legal or intestate; or succession.
3. Mixed
INTEREST CONVEYED
NOTE: 2 more kinds of succession:
Article 794. Every devise or legacy shall convey all the
4. Compulsory or forced succession – where the interest which the testator could devise or bequeath in the
decedent is compelled to give the heirs their property disposed of, unless it clearly appears from the
legitimes; heirs, however, are free to refuse will that he intended to convey a less interest.
5. Contractual succession
Note: The entire interest of the Testator in the property is
TESTAMENTARY SUCCESSION conveyed.
WILLS Example:
● T bequeaths to A his car. A conveys ownership of
Article 783. A will is an act whereby a person is the car and not mere usufruct.
permitted, with the formalities prescribed by law, to
control to a certain degree the disposition of his estate, to VALIDITY OF THE WILL
take effect after his death.
EXTRINSIC VALIDITY INTRINSIC VALIDITY
ELEMENTS OF SUCCESSION
▪ Refers to the form ▪ Refers to the legality of
1. Making a will is a statutory right.
▪ Ex. Need for a valid the terms/provisions
● Testator is allowed “to control to a certain
attestation clause ▪ Ex. Provisions must not
degree the disposition of is estate after his
impair legitimes
death.”
2. It is a unilateral act. ▪ Law at the time of the ▪ Law at the time of the
3. It is a solemn or formal act. EXECUTION OF THE TESTATOR’S DEATH
4. There must be animus testandi. WILL
5. Testator must be capacitated.
6. It is a personal act. Felix Azuela v. CA, Geralda Aida Castillo,
7. It is effective mortis causa. substituted by Ernesto Castillo (GR 12280)

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The notarial will did not comply with the
requirements of the law.
The attestation clause fails to state the
number of pages of the will. Such purpose is to
safeguard against possible interpolation or omission
of one or some of its pages and to prevent and to
prevent any increase or decrease in the pages.
The attestation clause was not signed by
the instrumental witnesses. Art. 805 particularly
segregates the requirement that the instrumental
witnesses sign each page of the will, from the
requisite that the will be “attested and subscribed by
the instrumental witnesses.
A notarial will that is not acknowledged
before a notary public by the testator and the
witnesses is fatally defective, even if it is
subscribed and sworn to before a notary public.
The decedent failed to sign both pages of
the will on the left margin, her only signature
appearing at the so-called “logical end” of the will
on its first page.
Testate Estate of Edward Christensen Aznar v.
Christensen Garcia (L-6759)
Philippine law is to be applied, not the
law of California.
The court of domicile cannot and should not
refer the case back to California; such action would
leave the issue incapable of determination because
the case will then be like a football, tossed back and
forth between the two states, between the country of
which the decedent was a citizen and the country of
his domicile. The Philippine court must apply its own
law as directed in the conflict of law rule of the state
of the decedent, if the question has to be decided,
especially as the application of the internal law of
California provides no legitime for children; while the
Philippine law makes natural children legally
acknowledged forced heirs of the parent recognizing
them.
Following the renvoi doctrine, the question
of validity of the testamentary provision in question
should be referred back to the law of the decedent’s
domicile, which is the Philippines.
Bellis v. Bellis (L23678)
The national law of the deceased, that is,
the Texas law, should apply in this case.
Art. 16, par. 2, and Art. 1039 of the Civil
Code , render applicable the national law of the
decedent, in intestate or testamentary successions,
with regard to four (4) items: a) order of succession;
b) amount of successional rights; c) intrinsic validity
of the will; and d) capacity to succeed.
Art. 17 Par. 3 of the NCC is NOT an
exception to Art. 16 par. 2. Congress has specifically
chosen to leave the amount of successional rights to
the decedent’s national law.
A provision in a foreigner’s will to the effect
that his properties shall be distributed in accordance
with Philippine law and not his national law, is illegal
and void.
Lourdes Dorotheo v. CA, Nilda Quintana, et al.
(GR 108581)
It does not necessarily follow that an
extrinsically valid last will and testament is always
intrinsically valid. Probate proceedings deal generally
with the extrinsic validity of the will sought to be
probated. Such proceedings focus on these aspects:
A) Whether the will submitted is indeed, the decedent’s
last will and testament;
B) Compliance with the prescribed formalities for the
execution of wills;
C) Testamentary capacity of the testator;
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3
D) Due execution of the last will and testament.
Intrinsic validity is another matter and
questions regarding the same may still be raised
even after the will has been authenticated.
If the will is extrinsically void, the rules of
intestacy apply regardless of the intrinsic validity
thereof.
Extrinsic validity - formal requirements
Instrinsic validity - dispositions
Absent one of those two, the will is invalid
AS TO FORMALITIES: EXTRINSIC VALIDITY
Kinds of Testator:
1. T is a FILIPINO
a) Philippine Law - [Arts. 804- 814]
b) Country where he may be [Art. 815]
c) Country where he executes the will- [Art. 17 lex loci
celebrationis]
2. T is an ALIEN ABROAD
a) Law of his domicile
b) national law
c) Philippine law [Art. 816]
d) Law of the place of execution (Art. 17, par 1)/ Lex loci
celebrationis
** mnemonic: Di Na Po Love or Do Not Leave Please
Q: The Rock is American Citizen, domiciled in Bahamas, he
flies to Santorini, Greece. From Greece, he went to
Switzerland where he made his will. Then he went to France
for sight seeing. He came to the Philippines, he wants his will
probated in the PH. What country’s law will apply in the
extrinsic validity of The Rock’s will?
ANS: Bahamas, America, Switzerland, Philippines.
Q: If inconsistent with extrinsic validity of PH laws, shall we
strike the will invalid?
A: Yes
3. T is an ALIEN IN THE PHILIPPINES
a) Law of his nationality
b) Philippine law
Remember: MVP Stephen Curry, Katy Perry, George
Clooney
Example: Alien abroad
● An Australian, domiciled in France, is en route to
Switzerland. He has a 5 hour lay over in Spain.
While in the airport (Spain), he makes a will. What
country’s/countries’ formalities should he observe to
make sure that the will is valid as to its form?
o Answer: This is a case of an ALIEN
ABROAD. He can apply the formalities
prescribed in the following places. Hence,
apply Di Na Po Love:
1. France (Domicile)
2. Australia (Nationality)
3. Philippines
4. Spain (Lex loci celebrationis)
Example: Alien in the Philippines
● A Korean who has a Korean Restaurant in Manila
has been residing in the Philippines for 15 years now.
She intends to make a will. What country’s/countries’
formalities must she observe?
● Answer:
1. Korea (nationality) [Art. 817 – lex nationalii]
2. Philippines [Art 17 – lex loci]
Garcia v. La Cuesta (L-4067)

The attestation is fatally defective for its failure to
state that Antero or the testator caused Atty. Javier to write the
former’s name under his express direction.
If signing of the cross is customary - still valid
The Attestation Clause (WILL BE IN THE MT; To
make an attestation clause)
- a notarial will has 8 requirements:
- 7th requirement
- Made by the three witnesses which states that:
“we, witnesses, in this will of legal age, residence,
respectively hereby attest to the ff facts:
1. Consists of X pages including this attestation clause
and the acknowledgement;
a) If this is not indicated, it will be a fatal defect which
renders the will invalid --> intestacy
b) Substantial compliance: Somewhere in the will
itself, the # of pages is indicated
i. Putting the # of pages in the Judicial affidavit -
NOT VALID NOR A SUBSTANTIAL
COMPLIANCE; cannot be an evidence
aliunde; outside of the will
2. (All about the testator) The testator signed the will in
our presence / of the 3 credible witnesses
a) (IF SIGNED BY ANOTHER AS
REPRESENTATIVE) Signed by __ in the presence
of testator upon the express direction of the testator
and in the presence of the witnesses.
3. (Refers to the witnesses) “We the witnesses signed
in the presence of the testator” and “and of each other”
- the record of the facts of the will for the purpose of
preventing fraud
Yap Tua v. Yap Ka Kuan (1914)
If Tomasa signed any portion of her name in the will,
with the intention to sign the same, that will amount to a
signature.
It has been held that one who makes a will may sign
the same by using a mark, the name having been written by
others. If writing a mark simply upon a will is a sufficient
indication of the intention of the person to make and execute a
will, then certainly the writing of a portion or all of her name
ought to be accepted as a clear indication of her intention to
execute the will.
The actual seeing of signatures made is not
necessary. It is sufficient if the signatures are made where it is
possible for each of the necessary parties, if they desire to
see, may see the signatures placed upon the will.
● Last name only - invalid
● First name - valid
● Exception to the page requirement in the attestation
clause; here there were only 2 pages in the will
Abangan v. Abangan
The will is extrinsically valid and there is substantial
compliance with the formalities required by law.
A will consisting of two sheets the first of which
contains all the testamentary dispositions and is signed at the
bottom by the testator and three witnesses and the second
contains only the attestation clause and is signed also at the
bottom by the three witnesses, it is not necessary that both
sheets be further signed on their margins by the testator and
the witnesses, or be paged.
Garcia v. Lacuesta
The attestation clause in the will is not valid. It is
fatally defective for its failure to state that Antero or the
testator caused Atty. Javier to write the former’s name under
his express direction.
On the cross affixed on the will by the testator, the
Court held that it is not prepared to liken the mere sign of a
cross to a thumbmark for the cross does not have the
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4
trustworthiness of a thumbmark so it is not considered as a
valid signature.
Taboada v. Rosal
The objects of attestation and subscription were fully
met and satisfied in the present case when the instrumental
witnesses signed at the left margin of the sole page which
contains all the testamentary dispositions.
The failure of the attestation clause to state the
number of pages used in writing the will would have been a
fatal defect were it not for the fact that it is really and actually
composed of only two pages duly signed by the testatrix and
her instrumental witnesses.
Nera v. Remando
The execution and signing of the will was made in the
presence of the testator and of one another.
The true test of presence of the testator and the
witnesses in the execution of the will is whether they might
have seen each other sign had they chosen to do so
considering the mental and physical condition at the time of
inscription of each signature.
AS TO LEGALITY OF PROVISIONS: INTRINSIC VALIDITY
● NATIONAL LAW of the testator governs
● Regardless of the place of execution of the law or of
the place of death of the testator
BELLIS VS BELLIS
● Facts: T was a citizen and resident of Texas who had
illegitimate children in the Philippines. He had two
wills one disposing of his properties in Texas and the
other disposing of his properties in the Philippines.
He had recognized illegitimate children in the
Philippines but were not given anything in the will.
Texas had no conflict of law rules. Also, Texan law
did not have compulsory heirs. His will stated that
the Philippine properties be distributed in accordance
with Philippine laws and not with his own national
law.
● Issue: W/N said provision is valid.
● Held: Not valid. It is void. Said provision
contravenes Art/ 16, par.2 of the NCC.
CHRISTENSEN CASE (RENVOI)
● Facts: Edward Christensen was born in NY but
acquired citizenship in CA when he resided there
from 1904-1913. He came to the Philippines and
resided here despite frequent visits to CA.
● He executed a will in Manila on March 5, 1951. He
had a lone acknowledged natural child named Maria
Lucy Christensen who was deprived of legitime per
Christensen’s will.
● Issue: What law should govern the intrinsic validity of
the will in the light of the renvoi doctrine, CA law or
Philippine law?
● Held: “Reason demands that We should enforce the
California internal law for prescribed for its citizens
residing therein, and enforce the conflict of law rules
law for the citizens domiciled abroad. If we must
enforce the law of California as in comity we are
bound to do so, as so declared in Art. 16 of our Civil
Code, then we must enforce the law of California in
accordance with the express mandate thereof and as
above explained, i.e., apply the internal law for
residents therein, and its conflict of laws rule for
those domiciled abroad.
● The conflict of law rule in California, Article 946, Civil
Code, precisely refers back the case, when a
decedent is not domiciled in California, to the law of
his domicile, the Philippines in the case at bar. The
court of the domicile cannot and should not refer the
case back to California; such action will leave the
issue incapable of determination because the case
will then be like football, tossed back and forth

between the two states, between the country of which
the decedent was a citizen and the country of his
domicile.
● The Philippine Court must apply its own law as
directed in the conflict of law rule of the state of the
decedent, if the question has to be decided,
especially as the application of the internal law of
California provides no legitime for children while the
Philippine law, Arts. 887 (4) and 894, Civil Code of
the Philippines, makes natural children legally
acknowledged forced heirs of the parent recognizing
them.” (Christensen Case)
Llorente v. CA
The Court remanded the cases to the court
of origin for determination of the intrinsic validity of
Lorenzo Llorente’s will and determination of the
parties’ successional rights allowing proof of foreign
law.
Bellis v. Bellis
The national law of the deceased, that is,
the Texas law, should apply in this case.
Art. 16, par. 2, and Art. 1039 of the Civil
Code , render applicable the national law of the
decedent, in intestate or testamentary successions,
with regard to four (4) items: a) order of succession;
b) amount of successional rights; c) intrinsic validity
of the will; and d) capacity to succeed.
Art. 17 Par. 3 of the NCC is NOT an
exception to Art. 16 par. 2. Congress has specifically
chosen to leave the amount of successional rights to
the decedent’s national law.
A provision in a foreigner’s will to the effect
that his properties shall be distributed in accordance
with Philippine law and not his national law, is illegal
and void.
Cayetano v. Leonidas
The will is valid.
The intrinsic validity of the will normally
comes only after the court has declared that the will
has been duly authenticated. Capacity to succeed is
governed by the law of the nation of the decedent.
DISTINCTION; AZNAR & BELLIS
● What is the difference between the Aznar and Bellis
case?
- Variation of decedents’ citizenship and residency
- Reference of the law
[AZNAR]
● Art. 16 -> Law of the nationality of the testator
● 2 laws of succession in CA
■ Law of CA
■ Law of domicile abroad
● Renvoi doctrine was applied
[BELLIS]
● Did not apply the renvoi doctrine
[BOTH]
● Used the law of the nationality
JOINT WILLS
Art. 818. Two or more persons cannot make a will jointly,
or in the same instrument, either for their reciprocal
benefit or for the benefit of a third person.
● Joint wills are VOID whether they are reciprocal or
not.
● If the will is executed by Filipinos, regardless where
they execute the same, the will is VOID due to public
policy.
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5
● If foreigners execute a joint will abroad and it is valid
in the place of execution in accordance with Art. 816,
the same shall be considered valid here.
● If foreigners execute a joint will in the Philippines, the
will is VOID.
● Look at who are making the joint wills
● There can only be 4 questions revolving around joint wills
Q1.) 2 Filipinos joint will in PH? Invalid. Art. 818
Q2.) 2 Filipinos joint will in France? Invalid. Art. 818 &
819; Lex loci celebrationis not applicable.
Q3.) Foreign couple joint will in PH? Invalid; Public
policy.
Q4.) Foreign couple joint will in Italy? Valid. Art. 816;
lex loci celebrationis is applicable.
Alsua-Betts v. CA (L-4643031)
There was no violation of the law regarding
the prohibition of joint wills.
It must be stressed here that the distribution
of the properties of Doña Tinay was subject to her
holographic will and codicil of Don Jesus executed by
him on the same date. Otherwise, to consider both
wills and codicils jointly would be to circumvent the
prohibition of the Civil Code on joint wills and
secondly because upon the death of Dona Tinay, only
her estate was being settled, and not that of Don
Jesus.
SUBSECTION 2. TESTAMENTARY CAPACITY AND INTENT
REQUISITES OF TESTAMENTARY CAPACITY:
1. T not prohibited by law to make a will [Art. 796];
2. T is at least 18 years of age [Art. 797]; and
3. T is of sound mind at the time of the execution of
the will [Art. 798]
SOUNDNESS OF MIND
Article 799. To be of sound mind, it is not necessary that
the testator be in full possession of all his reasoning
faculties, or that his mind be wholly unbroken,
unimpaired, or unshattered by disease, injury or other
cause.
It shall be sufficient if the testator was able at the
time of making the will to know the nature of estate,
proper objects of his bounty, and character of the
testamentary act
IMPORTANT:
1. Nature of the estate – what the T is giving
2. Proper objects of his bounty – recipients of T’s
bounty; persons to whom T is giving
3. Character of the testamentary act – ambulatory
and revocable
ORTEGA VS VALMONTE
● “Between the highest degree of soundness of mind
and memory which unquestionably carries with it full
testamentary capacity, and that degrees of mental
aberration generally known as insanity or idiocy,
there are numberless degrees of mental capacity or
incapacity and while on one hand it has been held
that mere weakness of mind, or partial imbecility from
disease of body, or from age, will not render a person
incapable of making a will; a weak or feebleminded
person may make a valid will, provided he has
understanding and memory sufficient to enable him
to know what he is about to do and how or to whom
he is disposing; it is not necessary that the mind be
unbroken or unimpaired or unshattered by disease or
otherwise. It has been held that testamentary
capacity does not necessarily require that a person

shall actually be insane or of unsound mind.” Ortega
vs. Valmonte, G.R. No. 157451, December 16, 2005
citing Alsua Betts vs. CA , 92 SCRA 332 (1979)
PRESUMPTION OF SOUNDNESS OF MIND
Article 800. The law presumes that every person is of
sound mind, in the absence of proof to the contrary.
The burden of proof that the testator was not of sound
mind at the time of the making of the dispositions is on
the person who opposes the probate of the will, but if the
testator, one month or less, before making the will was
publicly known to be insane, the person who maintains
the validity of the will must prove that the testator made it
during a lucid interval.
SUPERVENING INCAPACITY AND SUPERVENING
CAPACITY
Article. 801. Supervening incapacity does not invalidate
an effective will, nor is the will of an incapable validated
by the supervening of capacity.
FORMS OF WILLS
1. ORDINARY OR NOTARIAL WILL
o With an attestation clause and
o Acknowledgment before a notary public
2. HOLOGRAPHIC WILL
o Entirely handwritten,
o Dated,
o and Signed by the T
Q: Can a person make a holographic will using his
foot?
A: Yes, Art. 810 of CC. What the law requires is the
Personal distinctiveness, genuineness, and
authenticity of the testator; there is still compliance
with the law.
Q: How about using a mouth?
A: Same siz.
Lim v. Chinco (GR 33592)
The testimony of the witnesses is convincing
to the effect that the patient was in a continuous state
of coma during the entire period of her stay in
Meycauayan subsequent to the attact, and that on
the forenoon of June 5, 1929, she did not have
sufficient command of her faculties to enable her to
do any valid act.
Upon the statement of the witness that the
patient was unable to utter intelligent speech, the
paper offered for probate was properly disallowed.
Barrera v. Tanjoco (L-5263)
It is not necessary that said will be read
upon its signing and in the presence of the witnesses.
The discrepancy relates to an insignificant matter
which cannot vitally retract from the credibility of Atty.
Puno to the effect that upon arrival at the house of
Olivia Villapaña at about noon, he read the will to her
with a view to finding whether she was agreeable
thereto.
It is true that Salvador Tanedo was already
dead and the testatrix knew about it, but it is not
uncommon for a woman of old age, conffused by the
big number of her relatives to commit mistake of
unwittingly mentioning a deaadone. With respect to
the instituted heir, Marcelo Villapaña, while it appears
that Olivia did not have a grandson answering to that
name, there is evidence tending to shoe that
Pioquinto Villapana, a child of Ruperta Pineda, must
have been referred to.
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6
The will has been executed free from
falsification, fraud, trickery or undue influence, with
Olivia having testamentary capacity.
Heirs of Sanson v. CA and Hernandez
Article 842 of the Civil Code provides that
one who has no compulsory heirs may dispose by
will of all his estate or any part of it in favor of any
person having capacity to succeed. It is within the
right of the testatrix not to include her only sister who
is not a compulsory heir in her will.
The Court does not subscribe to the
contention of the petitioner that the testatrix was of
unsound mind when the latter failed to dispose of all
of her estate. Art. 841 of the Code provides that “a
will shall be valid even though it should not contain
an institution of an heir, or such institution should not
comprise the entire estate, and even though the
person so instituted should not accept the inheritance
or should be incapacitated to succeed. In such cases,
the testamentary dispositions made in accordance
with law shall be complied with and the remainder of
the estate shall pass to the legal heirs. Thus, the fact
that in her holographic will, testatrix disposed of only
11 of her real properties does not invalidate the will,
or is it an indication that the testatrics was of unsound
mind.
SUBSECTION 3. FORMS OF WILLS
NOTARIAL WILLS
Article 805. Every will, other than a holographic will, must
be subscribed at the end thereof by the testator himself or
by the testator's name written by some other person in his
presence, and by his express direction, and attested and
subscribed by three or more credible witnesses in the
presence of the testator and of one another.
The testator or the person requested by him to write his
name and the instrumental witnesses of the will, shall
also sign, as aforesaid, each and every page thereof,
except the last, on the left margin, and all the pages shall
be numbered correlatively in letters placed on the upper
part of each page.
The attestation shall state the number of pages used upon
which the will is written, and the fact that the testator
signed the will and every page thereof, or caused some
other person to write his name, under his express
direction, in the presence of the instrumental witnesses,
and that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of
one another.
If the attestation clause is in a language not known to the
witnesses, it shall be interpreted to them.
REQUIREMENTS OF A NOTARIAL WILL
1. In writing
2. In a language known the testator
o This need not be indicated on the face of the
will
3. Subscribed by the testator himself or by the
testator’s name written by another person in his
presence, and by his express direction.
o T must sign at the logical end
o First name only – valid
o Thumbmark, cross, initials – Valid provided
the T intends this to be his signature
o If T cannot write his name, another person
may do so provided:
1) It is done in the presence of T; and
2) It is by T’s express direction.

🡪 person should not be one of the three
instrumental witnesses; person does not
have to sign his/her own name; cannot put
his/her name instead of the T’s
4. Attested and subscribed by three or more
witnesses in the presence of the testator and of
each other
o Attest – to affirm to be true or genuine; to
authenticate officially
o Subscribe – to write one’s name
underneath
o In the presence – not physical presence
but POSSIBILITY OF SEEING WITHOUT
PHYSICAL OBSTRUCTION
Different scenarios (curtain,
hallway, looking at a passing
celebrity)
5. Marginal Signatures. The testator or the person
asked by him to write his name AND the instrumental
witnesses shall sign each and every page of the will
except the last, on the left margin
o Signatures appear on the last page already.
o Failure to comply with this is a FATAL
DEFECT and renders the will VOID.
o The purpose of this requirement is to
PREVENT FRAUD.
o T signs second page but fails to sign the first
page. Will is VOID.
o If the whole will is only on one page, no
need for marginal signatures
o If the signatures appear on the right, upper,
or lower margin – VALID; purpose is
nonetheless served – FRAUD is prevented.
6. Numbered correlatively in letters on the upper part
of each page
o Prescribed: One, Two, Three, etc
o Substantial Compliance: Page 1, Page 2,
Page 3, etc.1, 2, 3, etc.
7. Attestation Clause
o Must include the ff. info:
a) Number of pages (know substantial
compliance)
b) That the testator signed the will in the
presence of the instrumental witnesses
c) That the witnesses signed the will in the
presence of the testator and of one
another
o Absence of the Attestation Clause =
FATAL DEFECT 🡪 Will is VOID.
o Attestation clause not signed by the witness
at the bottom = FATAL DEFECT 🡪 Will is
VOID
o Failure to state number of pages = FATAL
DEFECT 🡪 VOID
o GR: No of pages not stated = VOID
▪ E: When there is substantial
compliance
▪ There is substantial compliance
when the number of pages can be
found somewhere else in
the will itself. There should
be no need for evidence aliunde
o PURPOSES OF ATTESTATION CLAUSE:
1. To preserve in permanent form a record
of the facts attending to the execution of
the will….
2. Proof of compliance with the statutory
requisites for the execution of the will.
3. To minimize commission of FRAUD.
o Q: Attestation clause fails to state that the T
signed in the presence of the three
witnesses. Is the will valid?
▪ A:
____________________________
_____
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7
o Q: Attestation clause states that the
witnesses signed in the presence of the T
but is quiet as to whether or not the
witnesses signed in the presence of each
other. Is the will valid?
▪ A:
____________________________
________
REQUISITES OF A NOTARIAL WILL
● NB: Commit to memory arts 804 to 809 of NCC for
the Requisites of a notarial will
Article 804. Every will must be in writing and executed in a
language or dialect known to the testator.
Article 805. Every will, other than a holographic will, must
be subscribed at the end thereof by the testator himself or
by the testator's name written by some other person in his
presence, and by his express direction, and attested and
subscribed by three or more credible witnesses in the
presence of the testator and of one another.
The testator or the person requested by him to write his
name and the instrumental witnesses of the will, shall
also sign, as aforesaid, each and every page thereof,
except the last, on the left margin, and all the pages shall
be numbered correlatively in letters placed on the upper
part of each page.
The attestation shall state the number of pages used upon
which the will is written, and the fact that the testator
signed the will and every page thereof, or caused some
other person to write his name, under his express
direction, in the presence of the instrumental witnesses,
and that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of
one another.
If the attestation clause is in a language not known to the
witnesses, it shall be interpreted to them.
Article 806. Every will must be acknowledged before a
notary public by the testator and the witnesses. The
notary public shall not be required to retain a copy of the
will, or file another with the office of the Clerk of Court.
Article 807. If the testator be deaf, or a deaf-mute, he must
personally read the will, if able to do so; otherwise, he
shall designate two persons to read it and communicate
to him, in some practicable manner, the contents thereof.
Article 808. If the testator is blind, the will shall be read to
him twice; once, by one of the subscribing witnesses, and
again, by the notary public before whom the will is
acknowledged.
Article 809. In the absence of bad faith, forgery, or fraud,
or undue and improper pressure and influence, defects
and imperfections in the form of attestation or in the
language used therein shall not render the will invalid if it
is proved that the will was in fact executed and attested in
substantial compliance with all the requirements of article
805.
DONATION MORTIS CAUSA
● Partakes of the nature of testamentary provisions
(Art. 728).
● Thus, requisites of a notarial will must be complied
with.
Azuela v. Castillo (GR 12280)
The notarial will did not comply with the
requirements of the law and should not be admitted
for probate due to the following defects:

1. The attestation clause failed to state the
number of pages of the will.
The purpose of the law in requirement in such clause
is to safeguard against possible interpolation or
omission of one or some of its pages and to prevent
any increase or decrease in the pages.
2. The attestation clause is not signed by the
instrumental witnesses.
An unsigned attestation clause results in an unsigned
will.
3. The requirement under Art. 806 that “every will
must be acknowledged before a notary public by
the testator and the witnesses” has also not been
complied with.
A notarial will not acknowledged before a notary
public by the testator and the witnesses is fatally
defective, even if it is subscribed and swron to before
a notary public.
Other defects:
- the decedent failed to sign both pages of the will on
the left margin, her only signature appearing at the
so-called “logical end” of the will on its first page.
- the will itself is not numbered correlatively in letters
on each page, they were numbered in Arabic
numerals.
Celeda v. Abena (GR 14545)
The CA did not err when it probated the will
of Margarita Mayores.
Art. 809 which reads “in the absence of bad
faith, forgery or fraud, or undue influence, defects
and imperfections in the form of attestation or in the
language used therein shall not render the will invalid
if it is proved that the will was in fact executed and
attested in substantial compliance with all the
requirements of Art. 805”
The error in the number of pages of the will
as stated in the attestation clause is not material to
invalidate the subject will. It must be noted that the
will is consecutively lettered with pages A, B, and C
which is a sufficient safeguard from the possibility of
an omission of some of the pages.
Lee v. Tambago (AC 5281)
The will in question was attested by only 2
witnesses, Noynay and Grajo. On this circumstance
alone, the will must be considered void.
The Civil Code likewise requires that the will
must be acknowledged before a notary public by the
testator and the witnesses. The importance of this
requirement is highlighted by the fact that it was
segregated from the other requirements under Art.
805 and embodied in a distinct and separate
provision.
An acknowledgement is the act of one who
has executed a deed in going before some
competent officer or court and declaring it to be his
act or deed. It has a two-fold purpose:
1. to safeguard the testator’s wishes long after his
demise and
2. To assure that his estate is administered in the
manner he intends it to be done.
Here, acknowledgement of the will was
neither strictly nor substantially complied with. There
was the conspicuous absence of a notation of the
residence certificates of the notarial witnesses
Noynay and Grajo in the acknowledgement.
Aluad v. Aluad
The deed of donation inter vivos in favor of
petitioner is in fact a donation mortis causa for the
following characteristics:
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8
1. it conveys no title nor ownership to the transferee
before the death of the transferor;
2. That before the death of the transferor, the transfer
should be revocable by the transferor at will;
3. That the transfer should be void if the transfer should
survive the transferee.
The donation being then mortis causa, the
formalities of a will should have been observed,
which in this case, was not. It was witnessed by only
two (2) witnesses. Moreover, the witnesses did not
even sign the attestation clause. Lastly, the
witnesses did not acknowledge the will before the
notary republic.
The Deed of Donation, which is one of
mortis causa, not having followed the formalities of a
will, is void and has transmitted no right to the
petitioner’s mother.
Testate Estate of Toray (87 Phil. 139)
The order denying the probate of the will
must be affirmed for the requirement “that the
attestation clause should state the fact that the
testator signed the will and every page thereof, or
caused some other person to write his name, under
his express direction, in the presence of three (3)
witness” was not complied with.
An attestation clause is a declaration made
by the witnesses and not by the testator. The law is
clear that it is the attestation clause that must contain
a statement that the testator signed the will in the
presence of the witnesses. Without that statement,
the attestation clause is fatally defective.
Lopez v. Lopez (GR 189984)
The probate of Enrique Lopez should not be
allowed.
The law is clear that the attestation must
state the number of pages used upon which the will is
written.
While Art. 809 allows substantial compliance
for defects in the attestation clause, Richard likewise
failed in this respect. The statement in the
Acknowledgement portion of the subject will that “it
consists of 7 pages including the page on which the
ratification and acknowledgement are written” cannot
be deemed substantial compliance. The will actually
consists of 8 pages including its
acknowledgement which discrepancy cannot be
explained by mere explanation of the will itself but
through the presentation of evidence aliunde.
HOLOGRAPHIC WILL
Article 810. A person may execute a holographic will
which must be entirely written, dated, and signed by the
hand of testator himself. It is subject to no other form,
and may be made in or out of the Philippines, and need
not be witnessed.
VDA. DE ENRIQUEZ VS. ABADIA, ET AL., (L-7188,
AUGUST 9, 1954)
● 1923 Sancho Abadia executed a holographic will.
Holographic will were not allowed in 1923.
● In 1946, the will was presented for probate.
● On August 30, 1950, the NCC was adopted, thereby
allowing execution of holographic wills
● In 1952 the trial court allowed probate.
● Q: Should the court have allowed probate of the
holographic will?
o A: NO! The holographic will should not have
been allowed probate.
o Under Article 795 “The validity of a will as to
its form depends upon observance of the
law in force at the time it is made.” Here,
the holographic will was made in 1923 when

there was no law allowing holographic wills.
Applying Art. 795, as there was yet no law at
the time the holographic will was made, the
will then is extrinsically VOID.
o Hence, it should not be allowed probate.
PROBATE
● Probate – allowance of a will after proof of its due
execution
● In the probate of holographic wills:
UNCONTESTED 1 witness who knows
the handwriting of the
testator (not necessarily
the subscribing
witnesses)
CONTESTED At least 3 identifying
witnesses
LOST OR DESTROYED HOLOGRAPHIC WILLS
● Lost or destroyed holographic will without intent
to revoke 🡪 CANNOT be probated as there is no
comparison as to T’s handwriting
● Photostatic copy of the holographic will 🡪 may be
allowed as there can now be comparison as to T’s
handwriting.
NB: Holographic will can be made in the Philippines or outside
the Philippines
Spouses Roberto v. Thelma Ajero & CA (GR 106720)
Failure to strictly observe other formalities will not
result in the disallowance of a holographic will that is
unquestionably handwritten by the testator.
Art. 813 shows that its requirement affects the
validity of the dispositions contained in the holographic
will, but not it’s probate. If the testator fails to sign and date
some of the dispositions, the result is that these dispositions
cannot be effectuated. Such failure, however, does not render
the whole testament void. Likewise, a holographic will can still
be admitted to probate, notwithstanding non-compliance with
the provisions of Art. 814.
Thus, unless the unauthenticated alterations,
cancellations, or insertions were made on the date of the HW
or on the testator’s signature, their presence does not
invalidate the will itself. The lack of authentication will only
result in disallowance of such changes.
Sample of Holographic Will:
https://lawphil.net/judjuris/juri1999/aug1999/gr_123486_1999.
html
SUBSECTION 4. WITNESSES TO WILLS
Article 820. Any person of sound mind and of the of
eighteen years or more, and not blind, deaf or dumb, and
able to read and write, may be a witness to the execution
of a will mentioned in Article 805 of this Code
QUALIFICATIONS OF WITNESSES
1. Of sound mind [Art. 820]
2. At least 18 years old [Art. 820]
3. Not deaf, blind or dumb [Art. 820]
4. Able to read and write [Art. 820]
5. Domiciled in the Philippines [Art. 821]
6. Not convicted by final judgment of:
● FALSIFICATION of a document;
● PERJURY; or
● FALSE TESTIMONY [Art. 821]
DISQUALIFICATIONS
Article 821. The following are disqualified from being
witnesses to a will:
1. Any person NOT DOMICILED in the Philippines;
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9
2. Those who have been CONVICTED of
FALSIFICATION OF DOCUMENT, PERJURY
or FALSE TESTIMONY.
DISQUALIFICATION OF A NOTARY PUBLIC
● The notary public before whom the notarial will is
acknowledged is disqualified to be a witness to said
will.
● It would be absurd for him (as a witness) to be
acknowledging something before himself (as notary
public).
● Cruz v.Villasor, et al., L-32213, November 26, 1973
Q: X, convicted of Acts of Lasciviousness/Robbery
with Homicide, can he be qualified as a witness?
A: No. Art. 821
Q: Civil Interdiction.
A: Can still be a witness
Q: When should the qualifications be present?
A: During the execution. Art. 820.
Gonzales v. CA, Santiago
Under the law there is no mandatory
requirement that the witness must testify as to his
good standing in the community, his reputation for
trustworthiness, and reliableness, his honesty and
uprightness in order that his testimony may be
believed and accepted by the trial court. It is enough
that he comply with the requirements under Art. 820
and 821.
Contrary to the requirements for
Naturalization Law, the instrumental witnesses are
not character witnesses in probate proceedings for
they merely attest the execution of the will or
testament and affirm the formalities attendant to said
execution.
SUBECTION 5. CODICILS AND INCORPORATION
REFERENCE
CODICIL
Article 825. A codicil is a supplement or addition to a
will, made after the execution of a will and annexed to be
taken as a part thereof, by which any disposition made in
the original will is explained, added, or altered.
FORMS OF CODICILS
1. Notarial or Ordinary Codicils
2. Holographic Codicils
Assuming it is a Notarial Will
Must comply with the formalities of a NW (8 reqs)
Assuming it is a Holographic Will
Must comply with the formalities of a HW (W, D, S by
the Testator)
INCORPORATION BY REFERENCE
Article 827. If a will, executed as required by this Code,
incorporates into itself by reference any document or
paper, such document or paper shall not be considered a
part of the will unless the following requisites are present:
(1) The document or paper referred to in the will must be
in existence at the time of the execution of the will;
(2) The will must clearly describe and identify the same,
stating among other things the number of pages thereof;
(3) It must be identified by clear and satisfactory proof as

the document or paper referred to therein; and
(4) It must be signed by the testator and the witnesses on
each and every page, except in case of voluminous books
of account or inventories.
Incorporation of an Extrinsic Document
● Different from Codicil
WHEN MADE/PURPOSE
● When the T wants to incorporate in his will certain
documents only by reference without need of copying or
attaching said documents to the will.
Must not be inconsistent with the Will
It must not alter nor modify the original will unless it is
for the purpose of revoking the same.
REQUISITES PER 827
1. Document in existence at the time of the execution of
the will.
2. The will must clearly describe and identify the
document incorporated by reference.
3. The document incorporated by reference should be
identified by clear and satisfactory proof.
4. It must be signed by the testator and the witnesses
on each and every page thereof, except when in case
of voluminous books of account or inventories.
Does it have to be attested by the witnesses? - No
What is incorporation by reference? - Art. 827.
Unson vs. Abella (1922)
When in a will reference is made to an inventory of
the properties of the testator, which has thus been made a part
of the will, if the will has an attestation clause that meets the
requirements of the law, no other attestation clause is
necessary for the said inventory, but that of the will be
sufficient for the validity of both the will and the inventory.
SUBSECTION 6. REVOCATION OF WILLS AND
TESTAMENTARY DISPOSITION
MODES OF REVOCATION
Article 830. No will shall be revoked except in the
following cases:
(1) By implication of law; or
(2) By some will, codicil, or other writing executed as
provided in case of wills; or
(3) By burning, tearing, cancelling, or obliterating the will
with the intention of revoking it, by the testator himself, or
by some other person in his presence, and by his express
direction. If burned, torn, cancelled, or obliterated by
some other person, without the express direction of the
testator, the will may still be established, and the estate
distributed in accordance therewith, if its contents, and
due execution, and the fact of its unauthorized
destruction, cancellation, or obliteration are established
according to the Rules of Court.
MODES OF REVOCATION
1. By implication of law
● Testator sells or donates the property after
making the will. [Art. 957]
● Heir (compulsory or voluntary) commits an act or
unworthiness. [Art. 1032]
2. By a revoking will or codicil
● A will may be revoked by a subsequent will or codicil.
It may either be notarial or holographic.
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10
● The revoking will must be VALID.
● Revocation must be definite.
o E: However, conditional revocation is
allowed, i.e. revocation takes place when a
condition is fulfilled. This is called
conditional revocation or dependent
relative revocation.
Doctrine of Relative Revocation - if a
testator revokes a will with a present intention of
making a new one immediately and as a substitute,
and the new will is not made or if made fails to effect
for any reason, it will be presumed that the testator
preferred the old will to intestacy, and the old one will
be admitted to probate in the absence of evidence
overcoming the presumption, provided its contents
can be ascertained.
3. Revocation by overt act
● REQUISITES:
1. Overt act
2. Completion, at least of the subjective phase
3. Animus revocandi
● BURNING
o The will need not be burned entirely.
o If burning of the will is accidental, there is no
revocation as there is no animus revocandi.
o Remember the requisites for this act:
a) there be an overt act;
b) animus revocandi
o Situations
● TEARING
o Document need not be torn into pieces
o Slight tearing is sufficient to constitute an
overt act
o Subjective phase (as to the T’s intention)
must completed
o Cutting is construed tearing.
o Situation: T tears will. X is able to stop T
from tearing the will. Is there valid
revocation?
▪ A:
____________________________
_________
● OBLITERARING OR CANCELING
o Cancelling is made by putting lines across
the disposition. The disposition, however,
can still be read.
o Obliterating renders the text no longer
legible
REVOCATION BASED ON FALSE CAUSE
Article 833. A revocation of a will based on a false cause
or an illegal cause is null and void.
Example:
● Q: T made a 1st will giving P10 M to Juan. Then he
learned that Juan figured in a vehicular accident and
died. T then made a second will bequeathing the
P10M to Juana. A year later, T learned that Juan
simply joined the underground movement and was in
reality still alive. Who inherits, Juan or Juana?
o A: Juan. The revocation was based on false
cause and is therefore void as provided by
Art. 833.
RECOGNITION OF AN ILLEGITIMATE CHILD
Article 834. The recognition of an illegitimate child does
not lose its legal effect, even though the will wherein it
was made should be revoked.
De Molo vs. De Molo (1951)
Gan vs. Yap (1958)

The execution and the contents of a lost or destroyed
holographic will may not be proved by the bare testimony of
witnesses who have seen and/or read such will.
A lost HW cannot be probated
No photostatic copy
Rodelas vs. Aranza (1982)
A photostatic copy or xerox copy of the holographic
will may be allowed because comparison can be made with
the standard writings of the testator.
Unlike Gan vs. Yap, a photostatic copy/carbon copy may be
probated.
Gago v. Mamuyac (1927)
The law does not require any evidence of the
revocation or cancellation of the will to be preserved. The fact
that such cancellation or revocation has taken place must
either remain unproved or be inferred from evidence showing
that after due search the original will cannot be found.
Testate Estate of Maloto vs. CA ( 1988)
The intention to revoke must be accompanied by the
overt physical act of burning, tearing, obliterating, or cancelling
the will carried out by the testator or by another person in his
presence and under his express direction.
Here, the document or papers burned by Adriana’s
maid, Guadalupe, was not satisfactorily established to be a will
at all, much less the will of Adriana Maloto. For another, the
burning was not proven to have been done under the express
direction of Adriana. And then, the burning was not in her
presence.
1. Mayor Richard Gomez. Chief of staff (COS) told him that
Lucy Torres was having an affair with Ian Veneracion.
COS left the room. Richard got MAD BLAZING MADDDD.
ALL SORTS OF EMOTIONS--SAD, ANGRY, FORLORN. He
sat on his chair, he opened a drawer in his left side took
the will and tore it to pieces. While doing that, the chief of
staff returned and said, “dumating ang crew ng GMA 7 for
interview.” Not wanting the socmed get a clue of what just
happened, he opened his right drawer and placed the
pieces of paper (will) and closed it. Richard let the GMA
crew in.
Ladies: Valid revocation.
Gentlemen: No valid revocation
2. Congressman Cayetano. He was in his room and
his staff came in and said, “ang chief of staff ninyo ay
bumabaliktad at lahat ng info about this office ay
binibigay kay Cong. Velasco.” Cong. Cayetano was
furious. Cong. Cayetano got his will from the drawer and
burned it. He put it in the trash can. COS went to the room
and asked Cayetano. The latter confronted the former
regarding the former’s alleged betrayal. The COS was able
to pacify and convince Cayetano and thereafter change
his feelings. Cayetano got the will back from the trash can
and put his will back in the drawer.
Ladies: No revocation.
Gentlemen: Revoked.
--> Art. 833 is not applicable because such article refers to
two (2) wills.
SUBSECTION 7. REPUBLICATION AND REVIVAL OF
WILLS
DEFINITION
● To republish a will is to REESTABLISH the same as it
was either void or has been already revoked
HOW IS REPUBLICATION DONE?
1. By re-execution (copying the same)
2. By codicil (implied republication
Article 837. If after making the will, the testator makes a
second will revoking the first, the revocation of the
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11
second will does not revive the first will, which can be
revived only by another will or codicil.
Example:
● Q: 1st will is made. T makes a 2nd will revoking the 1st
will. T makes a 3rd will revoking the 2nd will. Is the 1st
will revived/reestablished?
o A: No. The 1st will remains revoked. The 1st
will can only way the 1st will can be given
effect is by way of:
1. Republication (re-execution and by
codicil) – made by the T
2. Revival – by operation of the law
EXPRESS REVOCATION
● Q: 1st will is made. T makes a 2nd will revoking the 1st
will. T makes a 3rd will revoking the 2nd will. Is the 1st
will required (feeling ko revived yung word dapat
ditto hindi required…)?
o A: No. The 1st will was revoked immediately
by 2nd Will. The Principle of Instanter
applies.
o The second will took effect immediately.
o While a will takes effect mortis causa, the
revocation takes effect inter vivos.
IMPLIED REVOCATION
● Q: 1st will is made. T makes a 2nd will
INCONSISTENT with the 1st will. T makes a 3rd will
revoking the 2nd will. Is the 1st will revived?
o A: Yes. The second will impliedly revoked
the 1st will.
o 1st will is automatically revived
SUBSECTION 8. ALLOWANCE AND DISALLOWANCE OF
WILL
ALLOWANCE AND DISALLOWANCE OF WILLS
● GR: Questions as to title of property cannot be
passed upon in testate or intestate proceedings,
except where one of the parties prays merely for the
inclusion or exclusions from the inventory of the
property, in which case the probate court may pass
provisionally upon the questions without prejudice to
its final determination of the question in a separate
action [Alvarez v, Espiritu, August 14, 1965]
OPTIONS OF AN ACKNOWLEDGED NATURAL CHILD
(Uriarte vs Uriarte)
1. Motion for intervention
2. Petition to Reopen Proceedings
Allowance - bringing of a will to probate
Probate - party would want to know if the will is intrinsically or
extrinsically valid.
Jurisdiction of the court
Probate - generally looks into the extrinsic validity of the will.
If the will is disallowed
Results to intestacy
GROUNDS FOR DISALLOWANCE
Article 839. The will shall be disallowed in any of the
following cases:
(1) If the formalities required by law have not been
complied with;
(2) If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its execution;
(3) If it was executed through force or under duress, or
the influence of fear, or threats;
 12

(4) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some other
person;
(5) If the signature of the testator was procured by fraud;
(6) If the testator acted by mistake or did not intend that
the instrument he signed should be his will at the time of
affixing his signature thereto.
Q: Can a spouse be preterited?
SECTION 2. INSTITUTION OF HEIR
● In brief, preterition renders the institution of the
legatees and devisees void
● Q: Mario has three children Apple, Banana, and
Carrot. Mario made a will instituting Apple, Banana,
and Dean Lawiswis. Carrot was completely omitted.
How is the P30 M estate divided?
o A: Apple, Banana, and Carrot shall share
P10 M each. Nothing for Dean Lawiswis.
● A: No. A spouse is not in the direct line?

INSTITUTION OF HEIR Q: Can a brother or a sister be preterited?

● Institution refers to devisees and legatees
● Art. 840 defines it as an act by virtue of which a
testator designates in his will the person or persons
who are to succeed him in his property and
transmissible rights and obligations.
● Free portion
o Legitime cannot be impaired
A Voluntary Heir Cannot be Represented
Representation - PRI (Predecease, Incapacity,
Disinheritance)
REQUISITES FOR VALID INSTITUTION
1. Will is extrinsically valid.
2. The institution is valid intrinsically.
3. The institution must be effective (no predecease, no
repudiation by the heir, no incapacity of the heir)
● A: No. Neither is in the direct line?
Q: Can an ascendant be preterited?
● A: Yes, if the ascendant is the nearest relative
surviving.
Q: Can an adopted child be preterited?
● A: Yes. An adopted child has the same rights as that
of the legitimate child.
Q: Can an illegitimate child be preterited?
● A: Yes. He is a compulsory heir in the direct line.
The law does not distinguish between legitimate
children andillegitimate children.
PRETERITION
BY MISTAKE OR VOLUNTARY OR
INADVERTENCE INTENTIONAL

INSTITUTION OF CLASSES (CLASS INSTITUTION) Considered true preterition Considered defective

● T can entrust to a third person the distribution of a disinheritance
specific property of sums of money that he may leave
in general to specified classes. Total intestacy results Institution of heirs is not
wholly void but only insofar
COMMIT TO MEMORY as it prejudices the legitime
1. There is only institution of heirs in testate succession. of the person disinherited
2. Institution of heirs refer only to the Free Portion.
3. Legacies and Devises must not impair the legitimes. Nullity of the institution is
only partial
PRETERITION
** Acain vs IAC (Oct 27, 1987)
Article 854. The preterition or omission of one, some, or
all the compulsory heirs in the direct line, whether living
at the time of the execution of the will or born after the VOLUNTARY HEIR
death of the testator, shall annul the institution of heir, but ● A voluntary heir who predeceases the T transmits
the devises and legacies shall be valid insofar as they are nothing to his heirs.
not inofficious. ● A voluntary heir cannot be represented.
If the omitted compulsory heirs should die before the DISPOSITION CAPTATORIA
testator, the institution shall be effectual, without
prejudice to the right of representation. Article 875. Any disposition made upon the condition that
the heir shall make some provision in his will in favor of
Definition the testator or any other person shall be void.
The total or complete omission, generally due to mistake or
oversight, by the testator in his will, of one, some, or all of the ● This is void as it makes the execution of the will a
compulsory heirs in the direct line living at the time of the contractual act.
testator’s death. ● Disposition captatoria vs. Reciprocal Succession
REQUISITES FOR PRETERITION Neri v. Akutin (1943)
1. TOTAL OMISSION in the inheritance As a requisite of preterition, the omission
2. Of a COMPULSORY HEIR from the testator’s inheritance must be total or
3. Compulsory heir must be in the DIRECT LINE complete. There is total or complete omission where
a compulsory heir is not named in the will, or
Note: Spouse cannot be preterited as he/she is not in the although mentioned, he is not given any share in the
direct line. hereditary property without expressly being
disinherited
EFFECTS OF PRETERITION
● The institution of heirs is annulled --> leads to Nuguid v. Nuguid
intestacy Disinheritance is a testamentary disposition
● Annulment of the institution is automatic; there is no expressly depriving any compulsory heir of his share
need for legal action. in the legitime for a cause authorized by law.
Austria v. Reyes

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 13

SUBSTITUTION OF HEIR (PIR)

Rosales v. Rosales (1987) ● Substitution - is the designation by the testator of a
A widow (surviving spouse) is not an person or persons to take the place of the heir or
intestate heir of her mother-in-law. heirs first instituted (Rabadilla vs. Villacarlos)
The provision of law under Article 887 refers
to the estate of the deceased spouse which case the KINDS OF SUBSTITUTION
surviving spouse (widow or widower) is a compulsory 1. Simple or common
heir. It does not apply to the estate of a parent-in-law. o One takes the place of another
The surviving spouse is considered a third o In case of PIR/RIP
person as regards the estate of the parent-in-law ▪ Predecease
Here, the estate which is the subject matter ▪ Incapacity
of the intestate estate proceedings in this case is that ▪ Repudiation
of the deceased Petra V. Rosales, the mother-in-law 2. Brief or compendious
of the petitioner. It is from the estate of Petra V. o Brief – 2 or more take the place of one
Rosales that Macikequerox Rosales draws a share of ▪ Ex. Annie is the instituted heir.
the inheritance by the right of representation. Buknoy and Charlie are her
substitutes.
Ventura v. Ventura (1988) o Compendious – one takes the place of two
or more
Acain v. IAC (1987) ▪ Ex. Buknoy and Charie are the
instituted heirs. Annie is the
Heirs of Montinola-Samson vs. CA (1988) substitute
Art. 841 of the Civil Code provides that a will shall be valid 3. Reciprocal
even though it should not contain an institution of an heir, or o Ex. Tatang instituted Alhambra to 4/5 of the
such institution should not comprise the entire estate, and property and Buknoy to 1/5. If Alhambra
even though the person so instituted should not accept the predeceases, is incapacitated, or
inheritance or should be incapacitated to succeed. renounces, her share of 4/5 goes to Buknoy.
The fact that in her holographic will, testatrix If Buknoy predeceases, is incapacitated, or
disposed of only 11 of her real properties does not invalidate renounces, his share of 1/5 goes to
the will. Alhambra.
Article 842 of the Civil COde provides that one who 4. Fideicommissary
has no compulsory heirs may dispose by will of all his estate o Where the first heir called the fiduciary
or any part of it in favor of any person having capacity to preserves and transmits to the second heir
succeed. called the fideicommissary the inheritance.
It is within the right of the testatrix not to include her o REQUISITES:
only sister who is not a compulsory heir in her will. 1. 1st heir (with right to usufruct)
2. 1s heir to preserve and transmit property
JLT Agro Inc. V. Balansang (2005) 3. 2nd heir (naked owner, with full right of
Preterition is the total omission of a compulsory heir ownership upon transmission of property to
in the direct line from inheritance. It consists in the silence of him; he inherits from the T)
the testator with regard to a compulsory heir, omitting him in 4. 1st and 2nd heir must be one degree apart
the testament.
In the case at bar, Don Julian did not execute a will Mnemonic: So Brief a Rendevous my Friend
since what he resorted to was a partition inter vivos of his
properties, as evidenced by the court approved Compromise FIDEICOMMISSARY
Agreement. Thus, it is premature if not irrelevant to speak of Lucky Manzano and Vilma Santos
preterition prior to the death of Don Julian in the absence of a Vilma institutes Edu as the first heir and Luis as the second
will depriving a legal heir of his legitime. heir. The former has to preserve the inheritance and then
transmit to the latter the estate.
Morales v. Olandriz
The preterition of a compulsory heir in the direct line Q: Jinggoy is the testator. Edu is first heir and Luis is second
shall annul the institution of heirs, but the devises and legacies heir
shall remain valid insofar as the legitimes are not impaired. A: Valid. Law does not require that the testator be related to
Consequently, if a will does not constitute ane devisees or the heirs.
legatees, the preterition of a compulsory heir in the direct line
will result in total intestacy. Q: Jinggoy is the testator. Luis is first heir and Edu is second
heir
Spouses Cano v. Spouses Cano (2017) A: Valid. Law only requires that the 1st and 2nd heirs be one
degree apart.
Cruz v. Cruz (2018)
The case involves a situation where one heir was
able - through the expedient of an extrajudicial settlement that 20 YEAR PROHIBITION
was written in a language that is not understood by one of her
co-heirs - to secure a share in the estate of her parents that Article 870. The disposition of the testator declaring all or
was greater than that of her siblings, in violation of the part of the estate inalienable for more than twenty years
principle in succession that heirs should inherit in equal are void.
shares.
The CA was correct in ruling in favor of Concepcion SECTION 5. LEGITIMES
and setting aside the subject deed of extrajudicial settlement.
The issue of literacy is relevant to the extent that Concepcion LEGITIMES
was effectively deprived of her true inheritance, and not so
much that she was defrauded. Article 886. Legitime is that part of the testator’s property
which he cannot dispose of because the law has reserved
SECTION 3. SUBSTITUTION OF HEIRS it for certain heirs who are, therefore called compulsory
heirs.

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COMPULSORY HEIRS
Article 887. The following are compulsory heirs:
 Here, the reservatarios which is the auntie survived
(1) Legitimate children and descendants, with respect to
their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and
descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children
by legal fiction;
(5) Other illegitimate children referred to in article 287.
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.
In all cases of illegitimate children, their filiation must be
duly proved.
The father or mother of illegitimate children of the three
classes mentioned, shall inherit from them in the manner
and to the extent established by this Code.
ILLEGITIMATE CHILDREN
● An illegitimate child gets half of what the legitimate
child gets
Article 891. [PROVISION]
RESERVA TRONCAL
1. Origin
2. Prepositus
3. Reservor/Reservista
4. Reservees/Reservatarios
Q: What happens if the reservista sells the property, is the
sale valid?
● A: Yes, the sale is valid subject to a resolutory
condition. The buyer then acquires a revocable title.
● After the death of the reservista, the reservatorios
may rescind the contract because the resolutory
condition to which the reserva is subject has already
been fulfilled. Sumaya vs. IAC, Sept. 2, 1991.
Q: Assuming that at the time of the reservista’s death,
there are no reservatarios, what happens?
● A: The property is released from reserva troncal and
becomes part of the estate of the reservista
● “If there are no reservatarios, the property subject of
reserva troncal is released and will be adjudicated in
accordance with the regular order of succession.”
Sumaya vs. IAC, Sept. 2, 1991
Q: Must there be annotation/registration?
● A: Yes, if only to protect the rights of the
reservatarios against buyers in good faith and for
value.
Q: Can the reservista dispose of the property in his will?
A: No for as long as the reservatarios are living. The
property is not his. The reservatarios are the heirs
mortis causa. (See Tioco de Papa vs. Camacho,
Sept. 24, 1986)
If pareho ng degree, ang ascendant ang
magmamana.
[Sample FLAC in Reserva Troncal]
The aunt shall inherit.
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14
Under the civil code on the law of Reserva Troncal,
reservetarios are supposed to be within the 3rd civil
degree from the propositus from the origin.
the reservista which is the father.
Thus, it is the aunt who should inherit.
Q: Your father while still alive (and the reservatarios
are still alive) sold the alabang property to his
bestfriend. Is the sale valid?
A: Yes, the sale is valid subject to a resolutory
condition. The buyer then acquires a revocable title.
After the death of the reservista, the reservatorios
may rescind the contract because the resolutory
condition to which the reserva is subject has already
been fulfilled. (Sumaya vs. IAC, Sept. 2, 1991.)
In the case at bar, upon the death of the father, the
bestfriend should have to return the property in favor
of the reservatarios.
Q: Will you buy a property subject to a reserva
troncal?
A: No. It is subject to a resolutory condition.
Q: Assuming your father remarries. Legitimate
wedding. Second wife. When father passed away, he
is survived by the auntie and the 2nd wife. Who
inherits the property?
Q: Father is survived by the second wife. Who
inherits the property?
A: The wife will inherit the property.
Here there are no more reservetarios. Now the
property now will go to the estate of the reservista.
No longer subject to reserva troncal.
Q: Mother gives the child a property in Alabang. Child
is survived by the father. Father now holds the
property. Father passes away and is survived by the
aunties and the uncles.
The ascendant
Q: Can a grandmother give you a property
gratuitously?
A: Yes
SECTION 6. DISINHERITANCE
GROUNDS FOR DISINHERITANCE OF CHILDREN
Article 919. The following shall be sufficient causes for
the disinheritance of children and descendants, legitimate
as well as illegitimate:
(1) When a child or descendant has been found
guilty of an attempt against the life of the testator, his or
her spouse, descendants, or ascendants;
Q: What if your father remarried again, killed the 2nd wife of the
father?
A: child may still be disinherited; law did not distinguish.
Q: Child attempted to kill his brother
A: Child may still be disinherited. Brother is a descendant of
the father.
(2) When a child or descendant has accused the
testator of a crime for which the law prescribes
imprisonment for six years or more, if the accusation has
been found groundless;
Q: Does it require that child actually file a case against the
ascendant?

A: Accusation does not have to be filed in court. A mere
statement will do.
(3) When a child or descendant has been convicted
of adultery or concubinage with the spouse of the
testator;
Q: What if the mother of Ms. Pakingan married for the second
time, can her mother use this as a ground?
A: Yes, still spouse of the testator.
(4) When a child or descendant by fraud, violence,
intimidation, or undue influence causes the testator to
make a will or to change one already made;
(5) A refusal without justifiable cause to support the
parent or ascendant who disinherits such child or
descendant;
Q: Assuming you are an illegitimate child, and the father
chooses his legitimate family over you. Is it a ground for
disinheritance.
A: Yes. Father abandoned you.
(6) Maltreatment of the testator by word or deed, by the
child or descendant;
 disinheriting a spouse:
(7) When a child or descendant leads a dishonorable
or disgraceful life
Q: Child engaged into prostitution so provide means for the
family. Can child be disinherited?
A:
Q: A descendant is a son of a general, and the mother is a
doctor. These parents both known in the society. This child is a
lawyer of legal age, earns very well, litigator, academician. A
good son in the sense that he pays respect but he did not
accede to his wishes when he went on to live with a gay
partner. Is the disinheritance valid?
A: Yes/Qualified. A child leading a dishonorable or disgraceful
life may be a ground for causing disinheritance, a single act is
not sufficient. For leading life implies continuity to be a
sufficient cause for disinheritance. Here, if the son continues
to live with his partner which the father finds as dishonorable,
then it may constitute as a valid cause for disinheritance.
Q: Same facts as the preceeding question but the character is
Charice Pempengco and his physical attributes as a woman.
(8) Conviction of a crime which carries with it the
penalty of civil interdiction
GROUND FOR DISINHERITANCE OF PARENTS OR
ASCENDANTS
Article 920. The following shall be sufficient causes for
the disinheritance of parents or ascendants, whether
legitimate or illegitimate:
(1) When the parents have abandoned their children
or induced their daughters to live a corrupt or immoral
life, or attempted against their virtue;
Q: What if son ang binugaw? Pasok pa rin ba sa “induced
their daughters to live a corrupt or immoral life” ?
(2) When the parent or ascendant has been
convicted of an attempt against the life of the testator, his
or her spouse, descendants, or ascendants;
Q: Mother attempted to kill your wife.
A: Yes, a valid ground to disinherit.
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15
(3) When the parent or ascendant has accused the
testator of a crime for which the law prescribes
imprisonment for six years or more, if the accusation has
been found to be false;
(4) When the parent or ascendant has been convicted of
adultery or concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence,
intimidation, or undue influence causes the testator to
make a will or to change one already made;
(6) The loss of parental authority for causes specified in
this Code;

(7) The refusal to support the children or descendants
without justifiable cause;
(8) An attempt by one of the parents against the life of the
other, unless there has been a reconciliation between
them.
GROUNDS FOR DISINHERTIANCE OF A SPOUSE
Article 921. The following shall be sufficient causes for


(1) When the spouse has been convicted of an attempt
against the life of the testator, his or her descendants, or
ascendants;
(2) When the spouse has accused the testator of a crime
for which the law prescribes imprisonment of six years or
more, and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or
undue influence cause the testator to make a will or to
change one already made;
(4) When the spouse has given cause for legal separation;

(5) When the spouse has given grounds for the loss of
parental authority;
(
6) Unjustifiable refusal to support the children or the other
spouse. (756, 855, 674a)
NOTES:
● In case of reconciliation between the parties, the
offended person loses his right to disinherit.
● Any disinheritance is rendered ineffectual by a
reconciliation
● Disinheritance covers both the legitime and the free
portion. The person is completely disinherited.
SECTION 7. LEGACIES AND DEVISES
Article 950. If the estate should not be sufficient to cover
all legacies or devises, their payment shall be made in the
following order:
1. Remuneratory legacies and devises;
2. Legacies or devises declared by the testator to
be preferential;
3. Legacies for support;
4. Legacies for education;
5. Legacies or devises of a specific or determinate
thing which forms a part of the estate;
6. All others, pro rata.
Article 956. If the legatee or devisee cannot or is
unwilling to accept the legacy or devise, or if the legacy or
devise for any reason should become ineffective, it shall
be merged into the mass of the estate, except in cases of
substitution and of the right of accretion.
Example:
 16

● T has a brother Jun but instead instituted Ime, her
best friend, as a legatee. Ime has two children Ian
and Zara. If Ime repudiates, neither Ian nor Zara can
represent her as there is no right of representation as
to voluntary heirs.
● As there is no substitute and accretion under the
given facts, as provided by Art. 956, the legacy shall
be merged into the mass of estate, and will therefore
go to Jun as the nearest intestate heir
CHAPTER 3. LEGAL OR INTESTATE SUCCESSION
CHAPTER 4. PROVISIONS COMMON TO TESTATE AND
INTERSTATE SUCCESSIONS
or sisters, whether they be full or
half-blood. Representation in the
collateral line is limited then to
nieces and nephews. Since Juna
is a child of a brother and is a niece
of Angie, she is the only one who
inherits. Angelina does not inherit
as she is not a child or a brother or
sister. Her relation to Angie is that
of a grandniece. In gist, only Juna
inherits.
INHERITANCE PER STIRPES AND INHERITANCE PER
CAPITA

INHERITANCE PER INHERITANCE PER CAPITA

INSTITUTION, SUBSTITUTION, REPRESENTATION, STIRPES
ACCRETION, INTESTACY PER STIRPES inheritance by Heirs inherit in their own
GROUP. All those in the right. No right of
ACCRETION DEFINED group inherit in equal shares. representation.
In Per Stirpes, heirs inherit
Article 1015. Accretion is a right by virtue of which, when by way of representation Definition: the estate is
two or more persons are called to the same inheritance, divided into as many equal
devise or legacy, the part assigned to the one who Definition: the sole parts or as there are persons
renounces, or cannot receive his share, or who died representatives or group of to succeed.
before the testator, is added or incorporated to that of his representatives is counted as
co-heirs, co-devisees, co-legatees one head

Example: Example:
REPRESENTATION DEFINED Angie had a brother named Q: In the problem given
Jun. Jun has two children above, if Jun and Joy also
Article 970. Representation is a right created by fiction of Earl and Juna. Angie’s sister pass away, how will the
law, by virtue of which the representative is raised to the Joy only has one child named estate be divided?
place and the degree of the person represented, and Angel. Angie passed away.
acquires the rights which the latter would have if he were Jun also passed away. A: Angel, Juna, and Earl will
living or if he could have inherited. Estate of Angie is P1M. divide the P1M among
Divide. Jun’s children themselves. They inherit per
LEGAL OR INTESTATE SUCCESSION represent him. capita
● There is no will.
● Principle of Nearer Excludes the Farther Juna’s and Earl’s share Sample FLAC:
1. Car dies intestate leaving Ghia a daughter and a partake that of their father’s The heirs will have
niece Chiclet. Only Ghia inherits because the share. to divide equally the
nearer excludes the farther. Chiclet does not estate among
inherit. Joy gets P500T and themselves
2. Froilan dies without a will and leaves behind a Civil Code
grandmother and a sister. Only the grandmother Juna and Earl get the other provides that if
inherits. Although Froilan and his sister are two P500T. nieces and nephews
degrees apart just like Froilan and his alone survive, they
grandmother, the direct line is preferred over the Principles: Representation, shall inherit in equal
collateral line. Proximity portions.
Palatandaan: Basta may Here, Juna, Earl,
NOTA BENE isang kapatid na buhay and Angel survived
1. The right of representation takes place in the stirpes agad yan. the decedent without
direct descending line, but never in the their uncle nor
ascending line. [Art. 972, par. 1] Auntie.
● Lola has a child called Mama. Mother has a
child called Son. Mama passes away. Son Follow up Hypo: Angel has
represents Mama and inherits from Lola - a child named Angelina.
valid How much does the latter
2. In the collateral line, the right of representation get?
takes place only in favor of the children of Nothing.
brothers or sisters, whether they be of full or half Art. 972 Par 2 provides that in
blood. [Art. 972, par. 2] the collateral line, it takes
● Q: Angie has brother named Jun and a place only in favor of the
sister named Joy. 🡪 Jun has a daughter children of brothers or sisters.
named Juna. 🡪 Joy has a daughter named
Angel. 🡪 Angel has a daughter named
Angelina. 🡪 Angie died intestate. 🡪 Jun, Article 975. When children of one or more brothers or
Joy, and Angel pass away, too. 🡪 Only sisters of the deceased survive, they shall inherit from the
Juna and Angelina survive. Who of them, latter by representation, if they survive with their uncles
if any inherit from Angie? or aunts. // But if they alone survive, they shall inherit in
o A: Only Juna inherits from Angie. equal portions.
The Under Art. 972, in the
collateral line, it takes place only Note:
in favor of children of brothers ● 1st part – per stirpes – by group

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● 2nd part – per capita – by their own right
RIGHT OF REPRESENTATION EXISTS IN THE
FOLLOWING CASES
1. Predecease (testate and intestate)
2. Incapacity (testate and intestate)
3. Disinheritance (this happens only in the case of
testate succession)
Note: In testate succession, the right of representation covers
only the legitime. [Art. 806 and 1035]
CASES:
● Bagunu vs. Piedad, Dec. 8, 2000
o The right of representation in the collateral
line does not extend to the 5th civil degree.
● Dela Rosa vs. Damian, 480 SCRA 334 (2006)
o Right of representation does not extend to
grand nephews and nieces, only to nieces
and nephews (children of brothers and
sisters)
EFFECTS OF ADOPTION
● Under the Art. 189, FC, Adoption shall have the
following effects:
1. For civil purposes – adopted shall be deemed to
be the legitimate child of the adopter or adopting
parent;
2. Parental authority of the natural parents is lost
and transferred to the adopting parents;
3. Adopted shall remain an intestate heir of his
parents and other blood relatives
Article 190. Legal or intestate succession to estate of the
adopted shall be governed by the following rules:
1. Legitimate and illegitimate children and
descendants of the surviving spouse of the adopted shall
inherit from the adopted, in accordance with the ordinary
rules of legal or intestate succession;
2. When the parents, legitimate or illegitimate or the
legitimate ascendants of the of the adopted concur with
the adopters, they shall divide the entire estate in equal
shares, one-half to be inherited by the spouse or the
illegitimate children
3. When the surviving spouse or the illegitimate
children of the adopted concur with the adopters, they
shall divide the entire estate in equal shares, one-half to
be inherited by the spouse or the illegitimate children of
the adopted and the other half, by the adopters.
4. When the adopters concur with the illegitimate
children and the surviving spouse of the adopted, they
shall divide the entire estate in equal shares, one third to
be inherited by the illegitimate children, one third by the
surviving spouse, one third by the adopters.
5. When only the adopters survive, they shall inherit the
entire estate.
6. When only blood collateral blood relatives of the
adopted survive, then the ordinary rules of legal or
intestate succession.
Example:
● Airos is an adopted child. Her parent by nature is
Richard. She is adopted by Grace and Noel. Airos
passes away leaving behind Richard, Noel, and
Grace. Divide the estate the estate of P2M.
o A: Richard gets P1M. Noel and Grace
share the P1M or P500T each.
Example:
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17
● Danz is an adopted child leaving behind her three
children and her husband. The estate is P4M.
Divide the estate.
o A: All children get P1M each. The surviving
spouse gets the share equal to the share of
each child. Hence, husband gets P1M
REPUDIATION
Article 977. Heirs who repudiate their share may not be
represented.
NB: A renouncer may represent [Art. 976] but may not be
represented [Art. 977].
RIGHT OF REPRESENTATION
Article 970. Representation is a right created by fiction of
law, by virtue of which the representative is raised to the
place and the degree of the person represented, and
acquires the rights which the latter would have if he were
living or he could have inherited.
ADOPTED CHILD
● An adopted child cannot represent and cannot be
represented.
IRON BAR RULE/IRON CLAD RULE
Article 992. An illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives
inherit in the same manner from the illegitimate child
RATIONALE FOR THE IRON BAR RULE:
● The illegitimate child is disgracefuly looked upon by
the legitimate family; the legitimate family is in turn,
hated by the illegitimate child; the latter considers the
privileged condition of the former, and the resources
of which it is thereby deprived; the former, in turn
sees in the illegitimate child nothing but the product
of sin, palpable evidence of a blemish broken in life;
the law does no more that recognize this truth by
avoiding further grounds of resentment. (7 Manresa
10 cited in Grey v. Fabie)
Q: Kris Aquino has a child by Philip Salvador, Joshua
Aquino (illegitimate). Assuming Cory Aquino is still
alive, can Josh inherit from the former?
A: No. Joshua cannot inherit from Cory ab intestato
Q: Can Joshua inherit from Pres. Noynoy ab
intestato?
A: No. Art. 992. Noynoy is the legitimate brother of
Kris.
Q: Can Joshua inherit from Bimby?
A: No.
Q: Can Bimby inherit from Joshua ab intestato?
A: No. Iron bar. Separates the legitimate and the
illegitimate.
** See diagram on the board
ACCRETION
● The share of the person who repudiates shall accrue
to his co-heirs. [Art. 1018 NCC]
● Among the compulsory heirs the right of accretion
shall take place only when the free portion is left to
two or more of them, or to any one of them and to a
stranger. [Art. 1021, par. 1]
 18

● Accretion shall take lace among devisees, legatees, of the legitime of each heir, and in the account of the
and usufructuaries under the same conditions partition.
established for heirs. [Aft. 1023, NCC]
NOT SUBJECT TO COLLATION
Q: Melle and Tris are married. They have three children, 1. Expenses of education (elementary and secondary),
Agnes, Coco, and Frances. During the lifetime of Tris, Agnes support, medical needs, customary gifts (Art. 1067)
renounced her inheritance from her father. Upon Tris’ death, 2. For professional, vocation, re career (Art.1067)
will the right of accretion apply? 3. Wedding gifts except when they exceed 1/10 of the
● A: No, the right of accretion will not apply. Agnes sum disposable by will (Art. 1070)
renounced her inheritance during the lifetime of her 4. Donation to the spouse of the child (Art. 1066)
father. Renunciation of future inheritance is thus void. 5. Parents are not obliged to bring to collation in the
Renunciation must be done after the death of the inheritance of their ascendants any property which
Tris. may have been donated by the latter to their children
(Art. 1065)
PERSONS INCAPABLE OF SUCCEEDING BY REASON OF
UNWORTHINESS SELF-ADJUDICATION VS EXTRAJUDICIAL SETTLEMENT
● If there is only one heir, there is no need for a judicial
Art. 1032. The following are incapable of succeeding by declaration of heirship. He may execute an affidavit
reason of unworthiness entitled Self-Adjudication and have it registered with
1. Parents who have abandoned their children or the Registry of Property.
induced their daughters to lead a corrupt or
immoral life, or attempted against their virtue; REQUISITES FOR EXTRAJUDICIAL SETTLEMENT:
2. Any person who has been convicted of an 1. no will
attempt against the life of the testator, his or her 2. no debt
spouse, descendants, ascendants; 3. heirs of legal age
3. Any person who has accused the testator of a 4. public instrument
crime for which the law prescribes imprisonment
for six years or more, if the accusation has been
found to be groundless;
4. Any heir of full age who, having knowledge of the
violent death of the testator, should fail to report
it to an officer of the law within a month, unless
the authorities have already taken action; this
prohibition shall not apply to cases wherein,
according to law, there is no obligation to make
an accusation.
5. Any person convicted of adultery or concubinage
with the spouse of the testator.
6. Any person who by fraud, violence, Intimidation,
or undue influence should cause the testator to
make a will or to change one already made;
7. Any person who by the same means prevents
another from making a will, or from one revoking
on already made, or who supplants, conceals, or
alters the latter’s will;
8. Any person who falsifies or forges a supposed
will of the decedent.

ACCEPTANCE AND REPUDIATION

● Acceptance and repudiation retroact to the date of
death of the decedent.
● Acceptance may be express (in writing; private of
public) or tacit (resulting from acts that imply
acceptance).
● Repudiation of an inheritance shall be made in a
public or authentic instrument, or by petition
presented to the court having jurisdiction over the
testamentary or intestate proceedings. [Art. 1051,
NCC]

COLLATION

COLLATION DEFINITION
● Computing or adding certain values to the estate and
charging the same to the legitime.

DUTY TO COLLATE
● Every compulsory heir, who succeeds with other
compulsory heirs, must bring into the mass of the
estate any property or right which he may have
received form the decedent, during the lifetime of the
latter, by way of donation or any other gratuitous title,
in order that it may be computed in the determination

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