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Succession Reviewer
Succession Reviewer
For example ana owns a building, the only heir is elsa,, the rent is due on august 18, will that
rent form part in the inheritance of elsa? 1:00:47
Ana owns a property, she mortgage it to union bank, however default in payment, failed to
exercise her right of redemption. Will that form part of inheritance? Ans no 1:01:
When pedro made the will in 2022 but he lived until 2022 and did not make another will.. the properties will
be disposed by intestate succession.. but there is an exception.
Will you
Use TESTATOR – sa dead person example pedro the testator left the will
The sale is not valid. You cannot sell what is not your own
The sale is invalid. Even though the they are the heir , the father is still living therefore the sale is not valid
An heir
Kinds of Heirs: (1) Compulsory Heirs – those who succeed by force of law to some portion of the inheritance,
in an amount predetermined by law known as the legitime, of which they cannot be deprived by the testator,
except by a valid disinheritance. They succeed regardless of a will. (2) Voluntary or Testamentary Heirs – those
who are instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator
can freely dispose. They succeed by reason of a will. (3) Legal or Intestate Heirs – those who succeed to the
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estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will, or
when certain grounds are met
At 1 pm the father of 1234 died.. at 4pm 4 sold the house in batangas.. is the sale valid..
No. since there is no division of the other siblings yet. Since you do not know if the house will be given to 4.
Example pedro died 6am- to be embalmed and nabuhay siya. 6am-6pm.. yung asawa binenta na ang bahay..
can you say that there is a valid SALE?
Study the difference of the presumptive death from acquiring a second marriage they are not the same.
If a person 48 years old.. when will the succession open? When opening a succession you have to wiat 10
years plus 1 day.. on the first day, the succession is open.
However, if the person disappears after 75 the succession will be opened after 5 years thus, 5 years plus 1
day-.. there the succession will open.
Emphasize plus 1 day. In exam she will ask when the exact date of succession will open
How about extraordinary absence – example airplane which is missing, war, missing for 4 years, endangered
of death and existence has not been known for 4 years. When does succession open?
The susccesion open on the very day. For example, a plane crashes at the middle of atlantic ocean.. the
opening of succession will be immediately however, the law allows 4 years after the death but the law will
make it retroactive.
Kidns of succession
Legal – there is a will but such is void or lost its validy ( probate – it could be pronounced by the court that
the will is void)
Mixed succession – this occurs to the disposition of the testator , when the testator did not
10 million was the money of the testator but 2 million is not aasigned.. that will will be given to the
intestate succession.
Kapag lumaki ang land dahil gumalaw ang river – intestate succsion will take place
Compulsory succession – think of legitime—ibibigay ko ang lahat ng aking kayamanan kay maria – is that
valid? No. maria and siblings will inherit something whether there is a will or not.
Aznar vs Garcia , feliz vs feliz – cases of will memomrize them by heart.. midterms ***
Holographic will must be handwritten by testator and notarized . is the will vaild? It’s not.
Question, can a Filipino entered into a joint will? – even if the Filipino enters into a joint will. Shall not be
valid in the phils even if the will was executed in a country that joint wills are valid.
Testamentary capacity – it is the national law of the testator that will be . example , in vancuver Canada 12
is of legal age, Justine beaber, at the age of 13 already executed a will but at the time of his death, he is
living in the phils. The only will he left,was that of his 13 years old, can that be valid? No since the national
law will prevail.
What did the supreme court said regarding the end of the will where the signature should be placed? It
doesn’t matter where the signature was placed. In this case, the supreme court held that allegedly when
you talk about the end of testamentary, you talk about the continuation of the acknowledgement. Last page
where there testamentary dispositions.
The substantial compliance was seen because the number of pages are in lot will. Once evidence is needed
there now a question of validity of the will.
Art 790 of the civil, if there is a will, do not so technical, because the law prefers testaee over intestasee.
In this case, testasee is preferred over intestasee. If the will was discovered, can the intestasee be
dismissed? Yes. Over the principle that the testasee if preffered over intestasee
Being In the old age does not mean that the elder is not is sound mind.. the soundness of the mind of the
testator must proven by the one who is questioning the soundness of the mind.
Every testator is of sound mind.. those who alleged that the testator is not in sound mind should be the one
to prove that the testator is not in sound mind. 799 article
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TESTATOR’S SIGNATURE. — The testator’s signature is not necessary in the attestation clause because
this, as its name implies, appertains only to the witnesses.
• Caneda vs. Court of Appeals; G.R. No. 103554; May 28, 1993
• Jaboneta vs. Gustillo; G.R. No. 1641; January 19, 1906 • Nera vs. Rimando; G.R. No. L-5971; February 27,
1911 • Kalaw vs. Relova; G.R. No. L-40207; September 28, 1984 B. Acknowledgement before a Notary Public •
Valmonte vs. Ortega; G.R. No. 157451; December 16, 2005 • Cruz vs. Villasor; G.R. No. L-32213; November 26,
1973 • Guerrero vs. Bihis; G.R. No. 174144; April 17, 2007 C. Rule when the testator is deaf or deaf mute; Rule
if the testator is blind • Garcia vs. Vasquez; G.R. No. L-26808; March 28, 1969 • Alvarado vs. Gaviola; G.R. No.
74695; September 14, 1993 D. Substantial compliance rule; Will is void if defect cannot be cured without
extrinsic evidence • Taboada vs. Rosal; G.R. No. L-36033; November 5, 1982 • In re: Will of Lopez vs. Lopez;
G.R. No. 189984; November 12, 2012
Example: Don Jose, who is blind Made a will Even if he is def, blind, false testimony the will is valid as long
the testator be of sound mind
ARTICLE 34. Civil Interdiction. — Civil interdiction shall deprive the offender during the time of his sentence
of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital
authority, of the right to manage his property and of the right to dispose of such property by any act or any
conveyance inter vivos.
Art. 802. A married woman may make a will without the consent of her husband, and
without the authority of the court. (n)
Art. 803. A married woman may dispose by will of all her separate property as well as
her share of the conjugal partnership or absolute community property. (n
The soundness of mind is known at the time of the will not the time of death.
1. publicly insane
Art. 804. Every will must be in writing and executed in a language or dialect known
to the testator. (n)
Art. 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.
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Advice to a client hollograp
If the person in unsound mind at the time execution of mind.. do not say substantial compliance… the will is
void.
In the exam, (succession – 9/30/23) it could be valid if the 3 witnesses signed the attestation clause,
If The testator did not sign but the 3 withnesses signed it is still valid.
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Being a holographic will, probrate is allowed , written by a testator.
The testratrix had a disease. Can the disability hinder a person to make a will? No. the wife can write the
name? but the thumb mark can be put by the testator
Issue: Whether or not the thumbprint was sufficient compliance with the law despite the
absence of a description of such in the attestation clause
The signature is a cross.. there no mentioned that the testator crossed it. This cross does not have the same
thrustworthiness . no way to verify if the signature is valid.
Act of living
The phrase in the presence required by law, at the moment of signing. The law does not intent to look at
the hand while signing.. kahit nakatalikod basta kita ng peripheral eyes pwedeng soncidered present ang
withness
Number of the withnesses – notary public cannot notarized itself.. not allowed since it opens the door for
fraud. A witness who is lawyer cannot be the notray public to the will*****
Best advice- ask the lawyer to draft it for you where the notary public must be commissioned
Blind testatrix – cannot see near.. with medical evidence. The will be read to the blind person
A person could be blind but still with vision. Still valid but must be read to the person
Whether or not the testator was blind. He was not literally blind.. even though not literally blind.
Substantial compliance rule. First page with signature and second page with signature.. no need for left
hand margin signature.
HOLLOGRAPHIC WILL
Exams. Unmuted. Word dox. Malakas net. Reviewer ni ate isali. Print all reviewer. Make a reviewer just like
civpro
Art. 810. A person may execute a holographic will which must be entirely written, dated,
and signed by the hand of the testator himself. It is subject to no other form, and may
be made in or out of the Philippines, and need not be witnessed
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Midterm question take note
*******b) Azaola vs. Singson case vis-a-vis Codoy vs. Calugay case
In the case of rodelas – there is photocopy. Gan vs yap there is no actual will at all.. nasa footnote. Perhaps
in photocopy would complete. You could still see the signature ot the witnesses who knows the handwriting
of the
*****In the case of rodelas – there is photocopy of holographic will. Gan vs yap there is no actual will at all.
Kalaw vs rolova – significant there is only one testamentary disposition thus the whole will is void
Art. 813. When a number of dispositions appearing in a holographic will are signed
without being dated, and the last disposition has a signature and a date, such date
validates the dispositions preceding it, whatever be the time of prior dispositions. (n)
What are the instances when the case in allowed when not authenticated
****As a general rule, if the holographic will tampered, it is void unless the 2 reasons
5. the laws on
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Midterms
****Art. 810. A person may execute a holographic will which must be entirely written,
dated, and signed by the hand of the testator himself. It is subject to no other form, and
may be made in or out of the Philippines, and need not be witnessed.
*** What if in the attestation, if the contents of the will was attestated by the
testator, is it allowed? NO. it should not be allowed to probate, the language known is
not known to the testator.
****How can you say that the language or dialect is known to the testator?
Tsabakano, in Zamboanga, the person who was a witness. Said that he studied
in Zamboanga. Nagtsatsabakano po kami. Can this be an evidence?
**** Even if the language used in the attestation clause is not the language of
the testator. Can the will still be vaid? YES. Since the attestation is only for the
witnesses.
The will should be in writing and dialect known to the testator is common to
both will.
Art. 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
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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.
******What if there is a testamentary disposition after the signature. Is the will valid? YES. Only the
disposition is void, not the entire will.
**** Does it mean that thumb marks are not allowed? ALLOWED. As a signature as long as facts
surrounding the execution of the will will explain why there is thumbmark.
NAmurder ng manikurista ang kamay, is thumbmark allowed? NO. there must be a severity of case. HERPES
is not curable pa.. kaya allowed ang thumbmark
If the testator used a thumbprint as a signature on his will such matter may not used in the attestation
***** Cross could be allowed if it could be shown that it was his usual signature, the absence of irregularity
of the evidence then this is not valid.
The testator must sign in the presence of 3 instrumental witnesses. The curtain rule. The true test is
whether they have seen each other sign. The mere fact that he was there, the supreme court still allowed
(Hanapin ang case*****) if there was a curtain, the test of presence was not present since there is an
obstruction , the testator did not see him due to the destruction.
If the witness is looking the cellphone, still the will is valid kung present siya doon
If the testator ask someone to write his name. is it still valid? Yes, still valid. it should be stated in the
attestation clause that the
***** Who can sign the name of the testator, anyone can sign the name of the testator what is necessary is
that the person should be under _____________ and the presence of the testator.
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What if the attestation clause was in the last page? But the witneses failed to sign of the attestation clause
but signed the left margin. Can compliance be applied? NO. the signature on the left hand margin of the will
serves another purpose. To secure that there will be no insertions between the pages. Even if the witnesses
signed the left hand margin but failed to sign the attestation clause, the will is void. It is fataly defective.
What if there are 3 names and 3 distinct signatures, why? Yes it is valid, because there are 3 naes and 3
different signtures, no other pieces of evidence is needed.
Is it acceptable that the testator signed the right hand margin? Will the will still valid? Case of AVERA vs
GARCIA. Substantial compliance rule. They signed the will so it is still valid. Testasy is valid over intestasy.
What if the will has 4 pages however the witnesses signed 1 and 3 only. All other requirements was
Art. 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.
LANDMARK CASE
TESTATE ESTATE OF THE DECEASED MARIANO MOLO Y LEGASPI. JUANA JUAN VDA. DE
MOLO v. LUZ, GLICERIA AND CORNELIO MOLO
Facts:
Mariano Molo y Legaspi died on January 24, 1941, in the municipality of Pasay, province of Rizal,
without leaving any forced heir either in the descending or ascending line. He was survived, however,
by his wife, the herein petitioner Juana Juan Vda. de Molo, and by his nieces and nephew, the
oppositors-appellants, Luz Gliceria and Cornelio, all surnamed Molo, who were the legitimate
children of Candido Molo y Legaspi, deceased brother of the testator. Mariano Molo y Legaspi left two
wills, one executed on August 17, 1918 and another executed on June 20, 1939.
On February 7, 1941, Juana Juan Vda. de Molo, filed in the Court of First Instance of Rizal a petition,
seeking the probate of the will executed by the deceased on June 20, 1939. There being no opposition,
the will was probated. However, upon petition filed by the herein oppositors, the order of the court
admitting the will to probate was set aside and the case was reopened. After hearing, at which both
parties presented their evidence, the court rendered decision denying the probate of said will on the
ground that the petitioner failed to prove that the same was executed in accordance with law.
In view of the disallowance of the will executed on June 20, 1939, the widow on February 24, 1944,
filed another petition for the probate of the will executed by the deceased on August 17, 1918, in the
same court. Again, the same oppositors filed an opposition to the petition based on three grounds: (1)
that petitioner is now estopped from seeking the probate of the will of 1918; (2) that said will has not
been executed in the manner required by law and (3) that the will has been subsequently revoked.
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Issues:
Doctrines:
1. NO. In the case of Samson vs. Naval, the court laid down the doctrine that “a subsequent will,
containing a clause revoking a previous will, having been disallowed, for the reason that it was
not executed in conformity with the provisions of section 618 of the Code of Civil Procedure as
to the making of wills, cannot produce the effect of annulling the previous will, inasmuch as
said revocatory clause is void.”
Although American authorities on the subject have a pool of conflicting opinions perhaps because of
the peculiar provisions contained in the statutes adopted by each State in the subject of revocation of
wills, the court is of the impression from a review and the study of the pertinent authorities that the
doctrine laid down in the Samson case is still a good law.
1. YES. The earlier will can still be admitted to probate under the principle of “dependent
relative revocation”. The failure of a new testamentary disposition upon whose validity the
revocation depends, is equivalent to the non-fulfillment of a suspensive condition, and hence
prevents the revocation of the original will. But a mere intent to make at some time a will in the
place of that destroyed will not render the destruction conditional. It must appear that the
revocation is dependent upon the valid execution of a new will.
Find this
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NOVEMBER 4 midterms 6: 30PM.. mic unmute. Check your surroundings.. 2
cameras seeing face and placed at the back.
Next week asynchronous will be given on friday night. 10/21.. submit on time
9 pm on Saturday .. quiz..
Quiz
6-10pm
Can the court dismiss or not allow probate because there are 2 witnesses? NO. the court may allow probate
Can a blind person be a witness? No. how can they see that there is an actual signing
Example allan has 3 witnesses and 1 of those got blind 2 year after the execution of the will. Is the will
valid? Yes. Because the blindness happened after the will
Is there anyway that a legatee can inherit? Yes if there are at least 4 witnesses.
Codicil
Art. 825. A codicil is supplement or addition to a will, made after the execution of a will
and annexed to be taken as a part thereof, by which disposition made in the original will
is explained, added to, or altered. (n)
If a codicil is a separate Instrument? Will it be revoked? No. a codicil can explain the original will
Art. 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;
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(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. (n)
CONTESTED –
Art. 829. A revocation done outside the Philippines, by a person who does not have his
domicile in this country, is valid when it is done according to the law of the place where
the will was made, or according to the law of the place in which the testator had his
domicile at the time; and if the revocation
Domicile outside – revocation done in the Philippines – done in Philippine law whether or not the
(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. (n)
Art. 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the
prior spouse had been absent for four consecutive years and the spouse present has a
well-founded belief that the absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph
the spouse present must institute a summary proceeding as provided in this Code for
the declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
The innocent spouse may revoke the designation of the other spouse who acted in bad
faith as beneficiary in any insurance policy, even if such designation be stipulated as
irrevocable; and
Example ; in the will the testator iniwan kay legg 1 car and kotse
Will #1 will be revoked only if will number 2 is valid. Will number 1 stands
6-10pm
Internet, electric fan, eat door , tell mahal huwag iwan mga bata.. submit ahead of time.. malakas na
internet
Exam 7pm
Nov 4 (Saturday)
Second camera, cp (facing the back and screen of laptop) CAM 2 – Largo silent and volume ng 2
4. Do not repeat the question in the answer sheet. Do not copy paste. (with deductions)
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5. PDF form
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