BASIC SUCCESSION

(Art. 825 to Art. 839)

1. a. What is a codicil?

 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 to, or altered. (Art. 825, Civil Code of the Philippines)

b. What is the purpose of a codicil?

 Codicil is a way to modify or amend a will without preparing a whole new one.
c. What is/are the requirement/s of a codicil to be valid?

 Art. 826. In order that a codicil may be effective, it shall be executed as in the case of a
will.

2. What is the doctrine of incorporation by reference and its requisites to be valid?

 The doctrine of incorporation by reference means that unattested papers can

still be regarded as part of the will by incorporation. A writing that is not valid as a will
but is in existence when a will is executed may be incorporated by reference into the will
if the will manifests an intent to incorporate the writing and the writing to be incorporated
is identified with reasonable certainty.

 Requisites for Validity of Documents Incorporated by Reference

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.

3. Explain briefly: “Will is ambulatory”.

 Will is ambulatory means that all wills could be considered as ambulatory, because as
long as the person who made it is still alive, then it can always be changed or even
revoked.

4. What is/are the law/s governing revocation of a will by a testator not domiciled in the
Philippines:

a. revoked in the Philippines

  If the revocation takes place in the Philippines, whether the testator is domiciled in the
Philippines or in some other country – Philippine laws

b. revoked outside the Philippines

 If the revocation takes place outside the Philippines:

a. by a testator who is domiciled in the Philippines – Philippine laws
b. by a testator who is not domiciled in this country –
i. Laws of the place where the will was made, or
ii. Laws of the place in which the testator had his domicile at the time of
revocation. (Art. 829)

5. Differentiate the three modes of revocation of a will:

a. By implication of law
b. By some will or codicil
c. By overt act

By implication of Law By some will or codicil By overt act

Revocation produced by
OPERATION of LAW when
certain acts of a will has been
made, rendering void or
useless either the whole will
or certain testamentary
dispositions therein.
Revocation in this manner Overt act of physical
may be express or implied. destruction;
Testamentary capacity of the
A will may be revoked by a
testator at the time of
subsequent will or codicil,
performing the act of
either notarial or holographic.
revocation;
It is essential, that the Animus Revocandi ‐ intention
revoking will be itself a valid to revoke;
will (validly executed as to
form), otherwise there is no
revocation.
Performed by testator himself
The revocation made in the
or other person in the
subsequent will must indeed
presence and express
be a definite one.
direction of the testator.

6. How does implied revocation of a will takes place? And what is its effect?

 Implied revocation of a will occurs when a testator, who already has a will, executes a
new will which is inconsistent with the first and fails to include a provision expressly
revoking the first will.

 In case of inconsistent wills, the subsequent will prevails over the prior will because it is
the latest expression of testamentary intent of the testator.

The subsequent will which do not revoke the previous will in an express manner, only
annuls the dispositions in the previous will which are inconsistent with or contrary to
those contained in the subsequent will. (Art. 831)

7. What is the doctrine of dependent relative revocation?

 Where the testator’s act of destruction is connected with the making of another will, so as
fairly to raise the inference that the testator meant the revocation of the old to depend
upon the efficacy of the new disposition intended to be substituted, the revocation will be
conditional and dependent upon the efficacy of the new disposition; and if, for any
reason, the new will intended to be made as a substitute is inoperative, the revocation
 fails and the original will remains in full force. (Molo v. Molo, G.R. No. L‐2538, Sept.
21, 1951)
Simply put, for this doctrine to operate, the testator must have intended that the
revocation of his first will be dependent on the validity of his second will. In this case the
intention of the testator is clear: He does not want to die intestate.

8. Give an example of revocation based on false or illegal cause and what is its effect?

 Example: GG made a will making JJ his heir. GG then learned that JJ was dead, so he
made another will instituting RR as heir. If JJ turns out to be still alive, JJ will be the one
to inherit, because the revocation was based on a false cause. Under Article 833, a
revocation of a will based on a false cause or an illegal cause is null and void.

9. What is the rationale why does a recognition of an illegitimate child do not lose its legal
effect even if the will where it was made should be revoked?

 Art. 834. The recognition of an illegitimate child does not lose its legal effect, even
though the will wherein it was made should be revoked.
Reason for Art. 834: While a will is essentially revocable, recognition is irrevocable
(unless there be vitiated consent).
Moreover —
(1) recognition is not really a testamentary disposition;
(2) recognition does not wait for the testator’s death to become effective. (See 1 Manresa
592)

10. What is the difference between republication and revival of wills?

 Distinction between republication and revival:

REPUBLICATION REVIVAL

Takes place by an act of the testator Takes place by operation of law

Apply to wills which were expressly and

Apply only to impliedly revoked wills
impliedly revoked