Succession Reviewer - Atty Uribe

1
SUCCESSION | ATTY. URIBE

CODAL PROVISIONS & CASE DOCTRINES
TRICIA CRUZ
DLSU-LAW
SUCCESSION OUTLINE 2. As to place of execution
GENERAL PROVISIONS Art. 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are
A. Definition and Concept executed.
Art. 712. Ownership is acquired by occupation and by intellectual creation. 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
Ownership and other real rights over property are acquired and transmitted by other form, and may be made inor out of the Philippines, and need not be
law, by donation, by estate and intestate succession, and in consequence of
witnessed
certain contracts, by tradition.
They may also be acquired by means of prescription. Art. 815. When a Filipino is in a foreign country, he is authorized to make a will
in any of the forms established by the law of the country in which he may be.
Such will may be probated in the Philippines. (n)
Art. 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
Art. 816. The will of an alien who is abroad produces effect in the Philippines if
are transmitted through his death to another or others either by his will or by
made with the formalities prescribed by the law of the place in which he
operation of law. resides, or according to the formalities observed in his country, or in conformity
with those which this Code prescribes. (n)
Art. 1311. Contracts take effect only between the parties, their assigns and
heirs, except in case where the rights and obligations arising from the contract
Art. 817. A will made in the Philippines by a citizen or subject of another
are not transmissible by their nature, or by stipulation or by provision of law. country, which is executed in accordance with the law of the country of which
The heir is not liable beyond the value of the property he received from the he is a citizen or subject, and which might be proved and allowed by the law of
decedent. his own country, shall have the same effect as if executed according to the
laws of the Philippines. (n)
B. Laws governing form
Art. 818. Two or more persons cannot make a will jointly, or in the same
1. As to time of execution instrument, either for their reciprocal benefit or for the benefit of a third person.
(669)
Art. 795. The validity of a will as to its form depends upon the observance of
the law in force at the time it is made. Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a
foreign country shall not be valid in the Philippines, even though authorized by
the laws of the country where they may have been executed.
2
TRICIA CRUZ
DLSU-LAW
- An alien who makes a will in a place other than his country is

In re Will of Rev. Abadia, 50 O.G. #9, p. 4185 permitted to follow the laws of his own country as sanctioned by the
- To determine the law applicable to a will, the determining factor shall Civil Code. On the other hand, the Rules provide that wills proved and
be at the time or date it was executed. allowed in a foreign country, according to the laws of such country,
- Article 795 of the New Civil Code provides: “The validity of a will as to may be allowed, filed and recorded by the proper Court of First
its form depends upon the observance of the law in force at the time it Instance in the Philippines.
is made.” The validity of a will is to be judged not by the law enforced
at the time of the testator’s death or at the time the supposed will is Dela Cerna v. Potot, 12 SCRA 576
presented in court for probate or when the petition is decided by the - In a joint will of husband and wife, the probate decree of the will of the
court but at the time the instrument is executed. husband could only affect the share of the deceased husband. The
validity of the will in so far as the wife is concerned must be on her
Fleumer v. Hix, 54 Phil. 610 death and adjudicated de novo, since a joint will is considered a
- The will of an alien who is abroad produces effect in the Philippines if separate will.
made with the formalities prescribed by the law of the place in which - A will void on its face can be probated.
he resides, or according to the formalities observed in his country, or
in conformity with those which this code provides. Estate of Rodriguez, 46 O.G. # 2, p. 584
- The courts of the Philippines are not authorized to take judicial notice - Neither old age, physical infirmities feebleness of mind, weakness of
of the laws of the various States of the American Union. Such laws the memory, the appointment of a guardian, nor eccentricities are
must be proved as facts. Here the requirements of law were not met. sufficient singly or jointly to show testamentary incapacity.
There was no showing that the book from which an extract was taken - The provision in the rules of court invoked by the oppositors does not
was printed or published under the authority of the state of West Va. disallow an administration proceeding. It merely gives an option to the
as provided in the Code of Civil Procedure; nor was the extract from heirs not to undertake such proceeding.
the law attested by the certificate of the officer having charge of the
C. Laws governing content
original.
1. As to time
Estate of Giberson, 48 O.G. #7, 2657
- If an alien executes a will in the Philippines, not in conformity with our Art. 2263. Rights to the inheritance of a person who died, with or without a will,
law, but in conformity with the law of his own state or country, the will before the effectivity of this Code, shall be governed by the Civil Code of 1889,
can be probated in the Philippines. by other previous laws, and by the Rules of Court. The inheritance of those
- The requirement of law is that it must comply with the laws of the who, with or without a will, die after the beginning of the effectivity of this Code,
country where it was executed for validity and not probate on the shall be adjudicated and distributed in accordance with this new body of laws
country for execution. and by the Rules of Court; but the testamentary provisions shall be carried out
3
TRICIA CRUZ
DLSU-LAW
insofar as they may be permitted by this Code. Therefore, legitimes,

betterments, legacies and bequests shall be respected; however, their amount
shall be reduced if in no other manner can every compulsory heir be given his Estate of Amos Bellis, 20 SCRA 358
- The national law of the decedent in intestate and testate proceedings
full share according to this Code
shall be followed.
- Texas Law was applied. NCC Article 16 (2) and Art. 1039 render
2. As to successional rights, etc.
applicable the national law of the decedent in intestate or testamentary
successions, with regard to four items: (1) the order of succession; (2)
Art. 16(2). However, intestate and testamentary successions, both with respect
the amount of successional rights; (3) the intrinsic validity of the
to the order of succession and to the amount of successional rights and to the provisions of the will, and (4) the capacity to succeed.
intrinsic validity of testamentary provisions, shall be regulated by the national - Even assuming that Texas has a conflict of law rule providing that the
law of the person whose succession is under consideration, whatever may be law of the domicile should govern, the same would not result in a
the nature of the property and regardless of the country wherein said property renvoi to Philippine law, but would still refer to Texas law. The doctrine
may be found. of of renvoi (reference back) in the case at bar is inapplicable because
the U.S. does not adopt the situs theory calling for the application of
Art. 1039. Capacity to succeed is governed by the law of the nation of the where the properties are situated, since the properties are located in
decedent. the Philippines. In the absence of proof as to the conflict of law rule of
Texas, it should not be presumed to be different from ours. As the SC
ruled in Miciano v. Brimo, a provision in a foreigner’s will to the effect
Estate of Christensen, 61 O.G. # 46, p. 7302
- The recognition of the renvoi theory implies that the rules of the that his properties shall be distributed in accordance with Philippine
conflict of laws are to be understood as incorporating not only the law and not his national law, is illegal and void, for his national law
ordinary or internal law of the foreign state or country, but its rules of cannot be ignored in regard to those matter that Article 16 of the Civil
the conflict of laws as well. Code states said national law should govern.
- The theory in the Renvoi Doctrine is applicable in this case.
Cayetano v. Leonides, 129 SCRA 524
- The theory of the doctrine of renvoi is that the court of the forum, in
- It is settled rule that as regards the intrinsic validity of the provisions of the
determining the question before it, must take into account the whole
will, as provided for by Article 16 (2) and 1039 of the Civil Code, the national
law of the other jurisdiction, but also its rules as to conflict of laws, and
law of the decedent must apply.
then apply the law to the actual question which the rules of the other
- Philippine law was not applied as regards the intrinsic validity of the will. The
jurisdiction prescribe.
law which governs Adoracion Campos’ will is the law of Pennsylvania, USA
- The recognition of the renvoi theory implies that the rules of the
which is the national law of the decedent by virtue of Art. 16 (2) and Art. 1039
conflict of laws are to be understood as incorporating not only the
of the Civil Code. The settlement of the estate of Adoracion was correctly filed
ordinary or internal law of the foreign state or country, but its rules of
with the CFI of Manila where she had an estate since it was alleged and
the conflict of laws as well. According to this theory the law of the
proven that Adoracion at the time of her death was a citizen and a permanent
country means the whole of its laws.
resident of Pennsylvania, USA and not a “usual resident” of Cavite.
4
TRICIA CRUZ
DLSU-LAW
The father or mother of illegitimate children of the three classes mentioned,

D. Subject of Succession shall inherit from them in the manner and to the extent established by this
Code.
Art. 775. In this Title, "decedent" is the general term applied to the person
whose property is transmitted through succession, whether or not he left a will. Art. 1003. If there are no descendants, ascendants, illegitimate children, or a
If he left a will, he is also called the testator. surviving spouse, the collateral relatives shall succeed to the entire estate of
the deceased in accordance with the following articles.
Art. 782. An heir is a person called to the succession either by the provision of
a will or by operation of law. 1. Who are the subjects?
Devisees and legatees are persons to whom gifts of real and personal 2. Relationship
property are respectively given by virtue of a will.
Art. 963. Proximity of relationship is determined by the number of generations.
Art. 887. The following are compulsory heirs: Each generation forms a degree. (915)
(1) Legitimate children and descendants, with respect to their legitimate Art. 964. A series of degrees forms a line, which may be either direct or
parents and ascendants; collateral.
(2) In default of the foregoing, legitimate parents and ascendants, with respect A direct line is that constituted by the series of degrees among ascendants
to their legitimate children and descendants; and descendants.
(3) The widow or widower; A collateral line is that constituted by the series of degrees among persons
who are not ascendants and descendants, but who come from a common
(4) Acknowledged natural children, and natural children by legal fiction; ancestor. (916a)
(5) Other illegitimate children referred to in Article 287. Art. 965. The direct line is either descending or ascending.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in The former unites the head of the family with those who descend from him.
Nos. 1 and 2; neither do they exclude one another.
The latter binds a person with those from whom he descends. (917)
In all cases of illegitimate children, their filiation must be duly proved.
Art. 966. In the line, as many degrees are counted as there are generations or
persons, excluding the progenitor.
5
TRICIA CRUZ
DLSU-LAW
In the direct line, ascent is made to the common ancestor. Thus, the child is a. Determination
one degree removed from the parent, two from the grandfather, and three from
the great-grandparent. Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his
qualification at the time of the death of the decedent shall be the criterion.
In the collateral line, ascent is made to the common ancestor and then descent
is made to the person with whom the computation is to be made. Thus, a In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be necessary to
person is two degrees removed from his brother, three from his uncle, who is wait until final judgment is rendered, and in the case falling under No. 4, the
the brother of his father, four from his first cousin, and so forth. (918a) expiration of the month allowed for the report.
Art. 967. Full blood relationship is that existing between persons who have the If the institution, devise or legacy should be conditional, the time of the
same father and the same mother. compliance with the condition shall also be considered
Half blood relationship is that existing between persons who have the same Art. 1039. Capacity to succeed is governed by the law of the nation of the
father, but not the same mother, or the same mother, but not the same father. decedent.
(920a)
Art. 16(2). However, intestate and testamentary successions, both with respect
Art. 968. If there are several relatives of the same degree, and one or some of to the order of succession and to the amount of successional rights and to the
them are unwilling or incapacitated to succeed, his portion shall accrue to the intrinsic validity of testamentary provisions, shall be regulated by the national
others of the same degree, save the right of representation when it should take law of the person whose succession is under consideration, whatever may be
place. (922) the nature of the property and regardless of the country wherein said property
may be found.
Art. 969. If the inheritance should be repudiated by the nearest relative, should
there be one only, or by all the nearest relatives called by law to succeed, b. Who may succeed?
should there be several, those of the following degree shall inherit in their own
Parish Priest of Victoria v. Rigor, 89 SCRA 493
right and cannot represent the person or persons repudiating the inheritance.
- In order to be capacitated to inherit, the heir, devisee or legatee must
3. Capacity to Succeed be living at the moment the succession opens, except in case of
representation, when it is proper.
Art. 1024. Persons not incapacitated by law may succeed by will or
abintestato. Art. 1024. Persons not incapacitated by law may succeed by will or ab
intestato.
The provisions relating to incapacity by will are equally applicable to intestate
succession.
6
TRICIA CRUZ
DLSU-LAW
The provisions relating to incapacity by will are equally applicable to intestate testator for the purpose; in default of such person, by the executor, and should
succession. (744, 914) there be no executor, by the justice of the peace, the mayor, and the municipal
treasurer, who shall decide by a majority of votes all questions that may arise.
Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee In all these cases, the approval of the Court of First Instance shall be
must be living at the moment the succession opens, except in case of necessary.
representation, when it is proper.
The preceding paragraph shall apply when the testator has disposed of his
A child already conceived at the time of the death of the decedent is capable property in favor of the poor of a definite locality.
of succeeding provided it be born later under the conditions prescribed in
article 41. (n) c. Who are incapable of succeeding?
Art. 1026. A testamentary disposition may be made to the State, provinces, Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee
municipal corporations, private corporations, organizations, or associations for must be living at the moment the succession opens, except in case of
religious, scientific, cultural, educational, or charitable purposes. representation, when it is proper.
All other corporations or entities may succeed under a will, unless there is a A child already conceived at the time of the death of the decedent is capable
provision to the contrary in their charter or the laws of their creation, and of succeeding provided it be born later under the conditions prescribed in
always subject to the same. article 41.
Art. 1029. Should the testator dispose of the whole or part of his property for Art. 1027. The following are incapable of succeeding:
prayers and pious works for the benefit of his soul, in general terms and
without specifying its application, the executor, with the court's approval shall (1) The priest who heard the confession of the testator during his last illness,
deliver one-half thereof or its proceeds to the church or denomination to which or the minister of the gospel who extended spiritual aid to him during the same
the testator may belong, to be used for such prayers and pious works, and the period;
other half to the State, for the purposes mentioned in Article 1013. (747a)
(2) The relatives of such priest or minister of the gospel within the fourth
Art. 1030. Testamentary provisions in favor of the poor in general, without degree, the church, order, chapter, community, organization, or institution to
designation of particular persons or of any community, shall be deemed limited which such priest or minister may belong;
to the poor living in the domicile of the testator at the time of his death, unless
(3) A guardian with respect to testamentary dispositions given by a ward in his
it should clearly appear that his intention was otherwise.
favor before the final accounts of the guardianship have been approved, even
The designation of the persons who are to be considered as poor and the if the testator should die after the approval thereof; nevertheless, any provision
distribution of the property shall be made by the person appointed by the
7
TRICIA CRUZ
DLSU-LAW
made by the ward in favor of the guardian when the latter is his ascendant, the authorities have already taken action; this prohibition shall not apply to
descendant, brother, sister, or spouse, shall be valid; cases wherein, according to law, there is no obligation to make an accusation;
(4) Any attesting witness to the execution of a will, the spouse, parents, or (5) Any person convicted of adultery or concubinage with the spouse of the
children, or any one claiming under such witness, spouse, parents, or children; testator;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of (6) Any person who by fraud, violence, intimidation, or undue influence should
the testator during his last illness; cause the testator to make a will or to change one already made;
(6) Individuals, associations and corporations not permitted by law to inherit. (7) Any person who by the same means prevents another from making a will,
or from revoking one already made, or who supplants, conceals, or alters the
Art. 1028. The prohibitions mentioned in article 739, concerning donations latter's will;
inter vivos shall apply to testamentary provisions.
(8) Any person who falsifies or forges a supposed will of the decedent. (756,
Art. 1031. A testamentary provision in favor of a disqualified person, even 673, 674a)
though made under the guise of an onerous contract, or made through an
intermediary, shall be void. (755) Art. 1033. The cause of unworthiness shall be without effect if the testator had
knowledge thereof at the time he made the will, or if, having known of them
Art. 1032. The following are incapable of succeeding by reason of subsequently, he should condone them in writing.
unworthiness:
Art. 990. The hereditary rights granted by the two preceding articles to
(1) Parents who have abandoned their children or induced their daughters to illegitimate children shall be transmitted upon their death to their descendants,
lead a corrupt or immoral life, or attempted against their virtue; who shall inherit by right of representation from their deceased grandparent.
(941a)
(2) Any person who has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants; Art. 991. If legitimate ascendants are left, the illegitimate children shall divide
the inheritance with them, taking one-half of the estate, whatever be the
(3) Any person who has accused the testator of a crime for which the law
number of the ascendants or of the illegitimate children. (942-841a)
prescribes imprisonment for six years or more, if the accusation has been
found groundless; Art. 992. An illegitimate child has no right to inherit abintestato from the
legitimate children and relatives of his father or mother; nor shall such children
(4) Any heir of full age who, having knowledge of the violent death of the
or relatives inherit in the same manner from the illegitimate child.
testator, should fail to report it to an officer of the law within a month, unless
8
TRICIA CRUZ
DLSU-LAW
d. Effect of alienations by the excluded heir He shall be liable for all the fruits and rents he may have received, or could
have received through the exercise of due diligence.
Art. 1036. Alienations of hereditary property, and acts of administration
performed by the excluded heir, before the judicial order of exclusion, are valid g. Prescription of Action
as to the third persons who acted in good faith; but the co-heirs shall have a
right to recover damages from the disqualified heir. Art. 1040. The action for a declaration of incapacity and for the recovery of the
inheritance, devise or legacy shall be brought within five years from the time
e. Rights of the excluded heir the disqualified person took possession thereof. It may be brought by anyone
who may have an interest in the succession.
Art. 1035. If the person excluded from the inheritance by reason of incapacity
should be a child or descendant of the decedent and should have children or E. Object of Succession
descendants, the latter shall acquire his right to the legitime.
Art. 776. The inheritance includes all the property, rights and obligations of a
The person so excluded shall not enjoy the usufruct and administration of the person which are not extinguished by his death.
property thus inherited by his children.
Art. 781. The inheritance of a person includes not only the property and the
Article 1037. The unworthy heir who is excluded from the succession has a transmissible rights and obligations existing at the time of his death, but also
right to demand indemnity or any expenses incurred in the preservation of the those which have accrued thereto since the opening of the succession.
hereditary property, and to enforce such credits as he may have against the
estate. (n) Art. 1311. Contracts take effect only between the parties, their assigns and
heirs, except in case where the rights and obligations arising from the contract
Art. 1014. If a person legally entitled to the estate of the deceased appears are not transmissible by their nature, or by stipulation or by provision of law.
and files a claim thereto with the court within five years from the date the The heir is not liable beyond the value of the property he received from the
property was delivered to the State, such person shall be entitled to the decedent.
possession of the same, or if sold the municipality or city shall be accountable
If a contract should contain some stipulation in favor of a third person, he may
to him for such part of the proceeds as may not have been lawfully spent.
demand its fulfillment provided he communicated his acceptance to the obligor
before its revocation. A mere incidental benefit or interest of a person is not
f. Liabilities of the excluded heir
sufficient. The contracting parties must have clearly and deliberately conferred
Art. 1038. Any person incapable of succession, who, disregarding the a favor upon a third person.
prohibition stated in the preceding articles, entered into the possession of the
Art. 1429. When a testate or intestate heir voluntarily pays a debt of the
hereditary property, shall be obliged to return it together it its accessions.
decedent exceeding the value of the property which he received by will or by
9
TRICIA CRUZ
DLSU-LAW
the law of intestacy from the estate of the deceased, the payment is valid and however, notable circumstances wherein the intrinsic validity was first
cannot be rescinded by the payer. determined as when the defect of the will is apparent on its face and
the probate of the will may become a useless ceremony if it is
Art. 1178. Subject to the laws, all rights acquired in virtue of an obligation are intrinsically invalid. The intrinsic validity of a will may be passed upon
transmissible, if there has been no stipulation to the contrary. because “practical considerations” demanded it as when there is
preterition of heirs or the testamentary provisions are doubtful legality.
Art. 1347. All things which are not outside the commerce of men, including
In this case however, there was never an open admission of any illicit
future things, may be the object of a contract. All rights which are not
relationship. Thus, there was no need to go beyond the face of the
intransmissible may also be the object of contracts.
will.
No contract may be entered into upon future inheritance except in cases
Guinto v. Medina, 50 O.G. # 1, p. 199, Oct. 7, 1953.
expressly authorized by law.
- SC held that the heirs of a defendant in a civil action is liable for
damages for such action survives despite the defendant’s death.
All services which are not contrary to law, morals, good customs, public order
- As they are merely substituted in place of Santiago Medina upon his
or public policy may likewise be the object of a contract. death, their liability is only up to the extent of the value of the property,
which they might have received from the original defendant, Santiago
(Revised Penal Code) Art. 108. Obligation to make restoration, reparation for Medina.
damages, or indemnification for consequential damages and actions to
demand the same; Upon whom it devolves. — The obligation to make F. Opening of Succession
restoration or reparation for damages and indemnification for consequential
damages devolves upon the heirs of the person liable. Art. 777. The rights to the succession are transmitted from the moment of the
death of the decedent.
The action to demand restoration, reparation, and indemnification likewise
descends to the heirs of the person injured. Art. 2263. Rights to the inheritance of a person who died, with or without a will,
before the effectivity of this Code, shall be governed by the Civil Code of 1889,
Reyes v. CA, S.C. L-5620 July 31, 1954 by other previous laws, and by the Rules of Court. The inheritance of those
- If the contract is void, the property still forms part of the inheritance in who, with or without a will, die after the beginning of the effectivity of this Code,
order not to prejudice the heir. shall be adjudicated and distributed in accordance with this new body of laws
- The natural children of the deceased in this case are questioning the and by the Rules of Court; but the testamentary provisions shall be carried out
intrinsic validity of the will on the ground that his compulsory heir insofar as they may be permitted by this Code. Therefore, legitimes,
cannot be one, as theirs was an illicit relationship. SC held that as a betterments, legacies and bequests shall be respected; however, their amount
general rule, courts in probate proceedings are limited to pass only shall be reduced if in no other manner can every compulsory heir be given his
upon the extrinsic validity of the will sought to be probated. There are, full share according to this Code.
10
TRICIA CRUZ
DLSU-LAW
Art. 2253. The Civil Code of 1889 and other previous laws shall govern rights Art. 130. The future spouses may give each other in their marriage settlements
originating, under said laws, from acts done or events which took place under as much as one-fifth of their present property, and with respect to their future
their regime, even though this Code may regulate them in a different manner, property, only in the event of death, to the extent laid down by the provisions of
or may not recognize them. But if a right should be declared for the first time in this Code referring to testamentary succession.
this Code, it shall be effective at once, even though the act or event which
gives rise thereto may have been done or may have occurred under prior Art. 132. A donation by reason of marriage is not revocable, save in the
legislation, provided said new right does not prejudice or impair any vested or following cases:
acquired right, of the same origin.
(1) If it is conditional and the condition is not complied with;
Art. 533. The possession of hereditary property is deemed transmitted to the
(2) If the marriage is not celebrated;
heir without interruption and from the moment of the death of the decedent, in
case the inheritance is accepted. (3) When the marriage takes place without the consent of the parents or
guardian, as required by law;
One who validly renounces an inheritance is deemed never to have possessed
the same. (4) When the marriage is annulled, and the donee acted in bad faith;
Art. 1347. All things which are not outside the commerce of men, including (5) Upon legal separation, the donee being the guilty spouse;
intransmissible may also be the object of contracts. (6) When the donee has committed an act of ingratitude as specified by the
provisions of this Code on donations in general.
No contract may be entered into upon future inheritance except in cases
expressly authorized by law. Art. 390. After an absence of seven years, it being unknown whether or not the
absentee still lives, he shall be presumed dead for all purposes, except for
All services which are not contrary to law, morals, good customs, public order those of succession.
or public policy may likewise be the object of a contract.
The absentee shall not be presumed dead for the purpose of opening his
Art. 1461. Things having a potential existence may be the object of the succession till after an absence of ten years. If he disappeared after the age of
contract of sale. seventy-five years, an absence of five years shall be sufficient in order that his
succession may be opened.
The efficacy of the sale of a mere hope or expectancy is deemed subject to
the condition that the thing will come into existence. Art. 391. The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:
The sale of a vain hope or expectancy is void.
11
TRICIA CRUZ
DLSU-LAW
(1) A person on board a vessel lost during a sea voyage, or an aeroplane (6) When the donee has committed an act of ingratitude as specified by the
which is missing, who has not been heard of for four years since the loss of provisions of the Civil Code on donations in general.
the vessel or aeroplane;
Requisites for the transmission of Successional Rights
(2) A person in the armed forces who has taken part in war, and has been
missing for four years; 1. Express will of the testator or provision of law
2. Death of the person whose property is the subject of succession
(3) A person who has been in danger of death under other circumstances and
his existence has not been known for four years. Art. 43. If there is a doubt, as between two or more persons who are called
to succeed each other, as to which of them died first, whoever alleges the
(Family Code) Art. 84. If the future spouses agree upon a regime other than death of one prior to the other, shall prove the same; in the absence of
the absolute community of property, they cannot donate to each other in their proof, it is presumed that they died at the same time and there shall be no
marriage settlements more than one-fifth of their present property. Any excess transmission of rights from one to the other.
shall be considered void.
Survivorship Rule:
Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills. Rule 131, Sec.3(ii)That a trustee or other person whose duty it was to
convey real property to a particular person has actually conveyed it to him
(Family Code) Art. 86. A donation by reason of marriage may be revoked by when such presumption is necessary to perfect the title of such person or
the donor in the following cases: his successor in interest
(1) If the marriage is not celebrated or judicially declared void ab initio except 3. Acceptance of the inheritance
donations made in the marriage settlements, which shall be governed by
Article 81; Art. 1041. The acceptance or repudiation of the inheritance is an act which is
purely voluntary and free. (988)
(2) When the marriage takes place without the consent of the parents or
guardian, as required by law; Art. 1042. The effects of the acceptance or repudiation shall always retroact to
the moment of the death of the decedent. (989)
(3) When the marriage is annulled, and the donee acted in bad faith;
Art. 1043. No person may accept or repudiate an inheritance unless he is
(4) Upon legal separation, the donee being the guilty spouse; certain of the death of the person from whom he is to inherit, and of his right to
the inheritance. (991)
(5) If it is with a resolutory condition and the condition is complied with;
12
TRICIA CRUZ
DLSU-LAW
Art. 1044. Any person having the free disposal of his property may accept or A tacit acceptance is one resulting from acts by which the intention to accept is
repudiate an inheritance. necessarily implied, or which one would have no right to do except in the
capacity of an heir.
Any inheritance left to minors or incapacitated persons may be accepted by
their parents or guardians. Parents or guardians may repudiate the inheritance Acts of mere preservation or provisional administration do not imply an
left to their wards only by judicial authorization. acceptance of the inheritance if, through such acts, the title or capacity of an
heir has not been assumed. (999a)
The right to accept an inheritance left to the poor shall belong to the persons
designated by the testator to determine the beneficiaries and distribute the Art. 1050. An inheritance is deemed accepted:
property, or in their default, to those mentioned in Article 1030. (992a)
(1) If the heirs sells, donates, or assigns his right to a stranger, or to
Art. 1045. The lawful representatives of corporations, associations, institutions his co-heirs, or to any of them;
and entities qualified to acquire property may accept any inheritance left to the
latter, but in order to repudiate it, the approval of the court shall be (2) If the heir renounces the same, even though gratuitously, for the
necessary.(993a) benefit of one or more of his co-heirs;
Art. 1046. Public official establishments can neither accept nor repudiate an (3) If he renounces it for a price in favor of all his co-heirs
inheritance without the approval of the government. (994) indiscriminately; but if this renunciation should be gratuitous, and the
co-heirs in whose favor it is made are those upon whom the portion
Art. 1047. A married woman of age may repudiate an inheritance without the renounced should devolve by virtue of accretion, the inheritance shall
consent of her husband. (995a) not be deemed as accepted. (1000)
Art. 1048. Deaf-mutes who can read and write may accept or repudiate the Art. 1051. The repudiation of an inheritance shall be made in a public or
inheritance personally or through an agent. Should they not be able to read authentic instrument, or by petition presented to the court having jurisdiction
and write, the inheritance shall be accepted by their guardians. These over the testamentary or intestate proceedings. (1008)
guardians may repudiate the same with judicial approval. (996a)
Art. 1052. If the heir repudiates the inheritance to the prejudice of his own
Art. 1049. Acceptance may be express or tacit. creditors, the latter may petition the court to authorize them to accept it in the
name of the heir.
An express acceptance must be made in a public or private document.
The acceptance shall benefit the creditors only to an extent sufficient to cover
the amount of their credits. The excess, should there be any, shall in no case
13
TRICIA CRUZ
DLSU-LAW
pertain to the renouncer, but shall be adjudicated to the persons to whom, in - Article 2253 provides that "if a right should be declared for the first
accordance with the rules established in this Code, it may belong. (1001) time in this Code, it shall be effective at once, even though the act or
event which gives rise thereto may have been done or may have
Art. 1053. If the heir should die without having accepted or repudiated the occurred under the prior legislation, provided said new right does not
inheritance his right shall be transmitted to his heirs. (1006) prejudice or impair any vested or acquired right, of the same origin."
The right of ownership of Uson became vested in 1945 upon the death
Art. 1054. Should there be several heirs called to the inheritance, some of of her husband this is so because of Art. 777. The new right
them may accept and the others may repudiate it. (1007a) recognized under the NCC in favor of illegitimate children of the
deceased cannot be asserted to the impairment of the vested right of
Art. 1055. If a person, who is called to the same inheritance as an heir by will Uson over the lands.
and ab intestato, repudiates the inheritance in his capacity as a testamentary
heir, he is understood to have repudiated it in both capacities.
De Borja v. De Borja, 46 SCRA 577
- The claim of the defendants that Maria Uson (legal wife) has
Should he repudiate it as an intestate heir, without knowledge of his being a relinquished her right over the lands in question because she
testamentary heir, he may still accept it in the latter capacity. (1009) expressly renounced to inherit any future property that her husband
may acquire and leave upon his death in the deed of separation they
Art. 1056. The acceptance or repudiation of an inheritance, once made, is had entered into cannot be entertained for the simple reason that
irrevocable, and cannot be impugned, except when it was made through any future inheritance cannot be the object of a contract nor can it be
of the causes that vitiate consent, or when an unknown will appears. (997) renounced.
Art. 1057. Within thirty days after the court has issued an order for the
Bonilla v. Barcena, 71 SCRA 491
distribution of the estate in accordance with the Rules of Court, the heirs,
- From the moment of the death of the decedent, the heirs become the
devisees and legatees shall signify to the court having jurisdiction whether
absolute owners of his property, subject to the rights and obligations of
they accept or repudiate the inheritance. the decedent, and they cannot be deprived of their rights thereto
except by the methods provided for by law. The moment of death is
If they do not do so within that time, they are deemed to have accepted the the determining factor when the heirs acquire a definite right to the
inheritance. (n) inheritance whether such right be pure or contingent. The right of the
heirs to the property of the deceased vests in them even before
Uson v. Del Rosario, 92 Phil. 530 judicial declaration of their being heirs in the testate or intestate
- Rights recognized for the first time in the NCC shall be given proceedings.
retroactive effect subject to the exception when an acquired or vested - The question as to whether an action survives or not depends on the
right shall be impaired. nature of the action and the damage sued for. In the causes of action
which survive, the wrong complained [of] affects primarily and
14
TRICIA CRUZ
DLSU-LAW
principally property and property rights, the injuries to the person being the clear and convincing intention to relinquish their rights, in fact on a
merely incidental, while in the causes of action which do not survive, later date, an agreement to partition was signed by the heirs and was
the injury complained of is to the person, the property and rights of approved by the trial court.
property affected being incidental.
G. Kinds of Succession
Art. 778. Succession may be:
Cruz v. Cruz, G.R. No. 173292, September 1, 2010 (1) Testamentary;
- A Petition for Declaration of Nullity of Deed of Sale of Real Property is (2) Legal or intestate; or
one relating to property and property rights, and therefore, survives (3) Mixed.
the death of the petitioner.
1. Testamentary
Bough v. Modesto, Jan 28, 1954, 94 Phil. Art. 779. Testamentary succession is that which results from the designation of
- The contract is valid. It is well settled that rights by inheritance are an heir, made in a will executed in the form prescribed by law
acquired and transmitted upon the death of the decedent. If this is so, 2. Legal or Intestate
it must necessarily follow that it is perfectly legal for an heir to enter Art. 960. Legal or intestate succession takes place:
into a contract of the nature of the document (Modesto agreed that he (1) If a person dies without a will, or with a void will, or one which has
would share with Restituto whatever property he might inherit from his subsequently lost its validity;
deceased wife) in this case, the understanding to be, of course, that (2) When the will does not institute an heir to, or dispose of all the property
the contract would be effective only if and when he is really declared belonging to the testator. In such case, legal succession shall take place only
an heir and only as regards any property that might be adjudicated to with respect to the property of which the testator has not disposed;
him as such.
Borromeo-Herrera v. Borromeo, 152 SCRA 171 (3) If the suspensive condition attached to the institution of heir does not
- The heirs could waive their hereditary rights in 1967 even if the happen or is not fulfilled, or if the heir dies before the testator, or repudiates
order to partition the estate was issued only in 1969. The prevailing the inheritance, there being no substitution, and no right of accretion takes
jurisprudence on waiver of hereditary rights is that "the properties place;
included in an existing inheritance cannot be considered as belonging
to third persons with respect to the heirs, who by fiction of law continue (4) When the heir instituted is incapable of succeeding, except in cases
the personality of the former. Nor do such properties have the provided in this Code.
character of future property, because the heirs acquire a right to
succession from the moment of the death of the deceased. 3. Mixed
- For a waiver to exist, three elements are essential: (1) the existence of
a right; (2) the knowledge of the existence thereof; and (3) an intention
to relinquish such right. The intention to waive a right or advantage Art. 780. Mixed succession is that effected partly by will and partly byoperation
must be shown clearly and convincingly. The circumstances of this of law.
case show that the signatories to the waiver document did not have
15
TRICIA CRUZ
DLSU-LAW
4. Contractual 5. Compulsory
Art. 130. The future spouses may give each other in their marriage settlements
as much as one-fifth of their present property, and with respect to their future TESTAMENTARY SUCCESSION
property, only in the event of death, to the extent laid down by the provisions of
this Code referring to testamentary succession. II. WILLS
A. Definition.
Art. 1347. All things which are not outside the commerce of men, including
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 this estate,
intransmissible may also be the object of contracts.
to take effect after his death. (667a)
No contract may be entered into upon future inheritance except in cases B. Characteristics
expressly authorized by law. 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 this estate,
All services which are not contrary to law, morals, good customs, public order to take effect after his death. (667a)
or public policy may likewise be the object of a contract.
Article 839. The will shall be disallowed in any of the following cases:
Art. 752. The provisions of Article 750 notwithstanding, no person may give or xx
xx
receive, by way of donation, more than he may give or receive by will.
(3) If it was executed through force or under duress, or the influence of fear, or
threats;
The donation shall be inofficious in all that it may exceed this limitation. (4) If it was procured by undue and improper pressure and influence, on the
part of the beneficiary or of some other person;
(Family Code) Art. 84. If the future spouses agree upon a regime other than Article 828. A will may be revoked by the testator at any time before his death.
the absolute community of property, they cannot donate to each other in their Any waiver or restriction of this right is void. (737a)
marriage settlements more than one-fifth of their present property. Any excess
shall be considered void. Article 796. All persons who are not expressly prohibited by law may make a
will. (662)
Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills. Article 797. Persons of either sex under eighteen years of age cannot make a
will. (n)
Article 798. In order to make a will it is essential that the testator be of sound
mind at the time of its execution. (n)
16
TRICIA CRUZ
DLSU-LAW
Article 777. The rights to the succession are transmitted from the moment of any of its provisions, the testator's intention is to be ascertained from the
the death of the decedent. (657a) words of the will, taking into consideration the circumstances under which it
was made, excluding such oral declarations. (n)
Article 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. Article 790. The words of a will are to be taken in their ordinary and
(669) grammatical sense, unless a clear intention to use them in another sense can
be gathered, and that other can be ascertained.
Article 784. The making of a will is a strictly personal act; it cannot be left in Technical words in a will are to be taken in their technical sense, unless the
whole or in part to the discretion of a third person, or accomplished through the context clearly indicates a contrary intention, or unless it satisfactorily appears
instrumentality of an agent or attorney. (670a) that the will was drawn solely by the testator, and that he was unacquainted
with such technical sense.
Article 785. The duration or efficacy of the designation of heirs, devisees or (675a)
legatees, or the determination of the portions which they are to take, when
referred to by name, cannot be left to the discretion of a third person. (670a) Article 791. The words of a will are to receive an interpretation which will give
to every expression some effect, rather than one which will render any of the
Article 786. The testator may entrust to a third person the distribution of expressions inoperative; and of two modes of interpreting a will, that is to be
specific property or sums of money that he may leave in general to specified preferred which will prevent intestacy. (n)
classes or causes, and also the designation of the persons, institutions or
establishments to which such property or sums are to be given or applied. Article 792. The invalidity of one of several dispositions contained in a will
(671a) does not result in the invalidity of the other dispositions, unless it is to be
presumed that the testator would not have made such other dispositions if the
Article 787. The testator may not make a testamentary disposition in such first invalid disposition had not been made. (n)
manner that another person has to determine whether or not it is to be
operative. (n) Article 793. Property acquired after the making of a will shall only pass
thereby, as if the testator had possessed it at the time of making the will,
C. Interpretation of Wills should it expressly appear by the will that such was his intention. (n)
Article 788. If a testamentary disposition admits of different interpretations, in Article 794. Every devise or legacy shall cover all the interest which the
case of doubt, that interpretation by which the disposition is to be operative testator could device or bequeath in the property disposed of, unless it clearly
shall be preferred. (n) appears from the will that he intended to convey a less interest. (n)
Article 789. When there is an imperfect description, or when no person or Article 930. The legacy or devise of a thing belonging to another person is
property exactly answers the description, mistakes and omissions must be void, if the testator erroneously believed that the thing pertained to him. But if
corrected, if the error appears from the context of the will or from extrinsic the thing bequeathed, though not belonging to the testator when he made the
evidence, excluding the oral declarations of the testator as to his intention; and will, afterwards becomes his, by whatever title, the disposition shall take effect.
when an uncertainty arises upon the face of the will, as to the application of
17
TRICIA CRUZ
DLSU-LAW
(862a) The burden of proof that the testator was not of sound mind at the time of
making his dispositions is on the person who opposes the probate of the will;
Solla v. Ascuenta, 49 Phil. 333 but if the testator, one month, or less, before making his will was publicly
Where the testator's intention is manifest from the context of the will and
known to be insane, the person who maintains the validity of the will must
surrounding circumstances, but is obscured by inapt and inaccurate modes of
expression, the language will be subordinated to the intention, and in order to prove that the testator made it during a lucid interval. (n)
give effect to such intention, as far as possible, the court may depart from the
strict wording and read word or phrase in a sense different from that which is Article 801. Supervening incapacity does not invalidate an effective will, nor is
ordinarily attributed to it, and for such purpose may mould or change the the will of an incapable validated by the supervening of capacity. (n)
language of the will. such as restricting its application or supplying omitted
words or phrases. Article 802. A married woman may make a will without the consent of her
husband, and without the authority of the court. (n)
TESTAMENTARY CAPACITY AND INTENT
A. Who may make a will? Article 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
Article 796. All persons who are not expressly prohibited by law may make a property. (n)
will. (662)
B. Supervening incapacity
Article 797. Persons of either sex under eighteen years of age cannot make a
will. (n) Article 801. Supervening incapacity does not invalidate an effective will, nor is
the will of an incapable validated by the supervening of capacity. (n)
Article 798. In order to make a will it is essential that the testator be of sound
mind at the time of its execution. (n)
Baltazar v. Laxa, G.R. No. 174489, April 11, 2012
Article 799. To be of sound mind, it is not necessary that the testator be in full - The burden of proving the testator’s incapacity lies on those who
possession of all his reasoning faculties, or that his mind be wholly unbroken, assail the validity of his will. It must be proven with clear and
convincing evidence and not just bare allegation of forgetfulness.
unimpaired, or unshattered by disease, injury or other cause.
IV. SOLEMNITIES OF WILLS
It shall be sufficient if the testator was able at the time of making the will to A. Kinds of Wills. Arts. 804, 810
know the nature of the estate to be disposed of, the proper objects of his
bounty, and the character of the testamentary act. (n) Article 804. Every will must be in writing and executed in a language or dialect
known to the testator. (n)
Article 800. The law presumes that every person is of sound mind, in the
absence of proof to the contrary. Article 810. A person may execute a holographic will which must be entirely
written, dated, and signed by the hand of the testator
18
TRICIA CRUZ
DLSU-LAW
himself. It is subject to no other form, and may be made in or out of the caused some other person to write his name, under his express direction, in
Philippines, and need not be witnessed. (678, 688a) 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
B. Notarial Wills
one another.
1. General requirements.
If the attestation clause is in a language not known to the witnesses, it shall be
Article 804. Every will must be in writing and executed in a language or dialect interpreted to them. (n)
known to the testator. (n)
Article 806. Every will must be acknowledged before a notary public by the
Suroza v. Honrado, 110 SCRA 388 testator and the witnesses. The notary public shall not be required to retain a
- A will written in a language not known to the testator is void. It runs contrary copy of the will, or file another with the office of the Clerk of Court.(n)
to the mandatory provision of Article 804 of the Civil Code that every will must
be executed in a language or dialect known to the testator. Garcia v. Lacuesta, 90 Phil. 489
- In the opening paragraph of the will, it was stated that English was a - An attestation clause must state that another person wrote the
language “understood and known” to the testatrix. But in its concluding testator’s name under the latter’s express direction.
paragraph, it was stated that the will was read to the testatrix “and translated - A cross cannot be taken as the signature of the testator absent
into Filipino language.” proof unless it is his usual signature.
- The cross was not proven to be the signature of the testator.
2. Specific requirements.
Balonan v. Abellana, 109 Phil. 358
Article 805. Every will, other than a holographic will, must be subscribed at the - The law requires that the testator himself sign the will, or if he cannot
end thereof by the testator himself or by the testator's name written by some do so, the testator's name must be written by some other person in his
presence and by his express direction.
other person in his presence, and by his express direction, and attested and
- The present law, Article 805 of the Civil Code, in part provides as
subscribed by three or more credible witnesses in the presence of the testator
follows: “Every will, other than a holographic will, must be subscribed
and of one another.
at the end thereof by the testator himself or by the testator's name
The testator or the person requested by him to write his name and the written by some other person in his presence, and by his express
instrumental witnesses of the will, shall also sign, as aforesaid, each and every direction, and attested and subscribed by three or more credible
page thereof, except the last, on the left margin, and all the pages shall be witness in the presence of the testator and of one another.”
numbered correlatively in letters placed on the upper part of each page. - Note that the old law as well as the new requires that the testator
himself sign the will, or if he cannot do so, the testator's name must be
The attestation shall state the number of pages used upon which the will is written by some other person in his presence and by his express
written, and the fact that the testator signed the will and every page thereof, or direction.
19
TRICIA CRUZ
DLSU-LAW
Nera v. Rimando, 18 Phil. 450 In re Enrique Lopez. Lopez v. Lopez, G.R. No. 189984, November 12,
- The true test of presence of the testator and the witnesses in the 2012
execution of a will is not whether they actually saw each other sign, - The law is clear that the attestation must state the number of
but whether they might have been seen each other sign, had they pages used upon which the will is written. The purpose of the law is to
chosen to do so, considering their mental and physical condition and safeguard against possible interpolation or omission of one or some of
position with relation to each other at the moment of inscription of its pages and prevent any increase or decrease in the pages. It held
each signature. The position of the parties with relation to each other that while Article 809 of the same Code requires mere substantial
at the moment of the subscription of each signature, must be such that compliance of the form in Article 805, the rule only applies if the
they may see each other sign if they choose to do so. number of pages is reflected somewhere else in the will with no
evidence aliunde or extrinsic evidence required. While the
Taboada v. Rosal, 118 SCRA 195 acknowledgment portion stated that the will consists of 7 pages
- When the testator signs at the left hand margin of the last page including the page on which the ratification and acknowledgment are
instead of the attestation clause, it is considered an unsubstantial written, the RTC observed that it has 8 pages including the
defect which must be ignored in order to fulfill the wishes of the acknowledgment portion. As such, it disallowed the will for not having
decedent. been executed and attested in accordance with law.
Defects: Icasiano v. Icasiano, 11 SCRA 422

1. No indication of total number of pages = disposition stated total - The prevailing policy is to require satisfaction of the legal
number of pages; requirements in order to guard against fraud and bad faith but without
2. Signature of testatrix at the left hand margin and not at the end = it undue or unnecessary curtailment of testamentary privilege.
is an unsubstantial defect which may be ignored. - The inadvertent failure of one witness to affix his signature to one
page of a testament, due to the simultaneous lifting of two pages in
Echavez v. Dozen Construction, G.R. No. 192916, October the course of signing, is not per se sufficient to justify denial of
11, 2010 probate. Impossibility of substitution of this page is assured not only
- An acknowledgment is made by one executing a deed, declaring the fact that the testatrix and two other witnesses did sign the
before a competent officer or court that the deed or act is his own. On defective page, but also by its bearing the coincident imprint of the
the other hand, the attestation of a will refers to the act of the seal of the notary public before whom the testament was ratified by
instrumental witnesses themselves who certify to the execution of the testatrix and all three witnesses.
instrument before them and to the manner of its execution. - The law should not be so strictly and literally interpreted as to
- An attestation must state all the details the third paragraph of penalize the testatrix on account of the inadvertence of a single
Article 805 requires. In the absence of the required avowal by the witness over whose conduct she had no control, where the purpose
witnesses themselves, no attestation clause can be deemed of the law to guarantee the identity of the testament and its
embodied in the Acknowledgement of the Deed of Donation Mortis component pages is sufficiently attained, no intentional or deliberate
Causa. deviation existed, and the evidence on record attests to the full
observance of the statutory requisites. The prevailing policy is to
require satisfaction of the legal requirements in order to guard against
20
TRICIA CRUZ
DLSU-LAW
fraud and bad faith but without undue or unnecessary curtailment of write, may be a witness to the execution of a will mentioned in article
testamentary privilege. 805 of this Code. (n)
- The law should not be so strictly and literally interpreted as to
penalize the testatrix on account of the inadvertence of a single Article 821. The following are disqualified from being witnesses to a
witness over whose conduct she had no control, where the purpose will:
of the law to guarantee the identity of the testament and its
component pages is sufficiently attained, no intentional or deliberate (1) Any person not domiciled in the Philippines;
deviation existed, and the evidence on record attests to the full
observance of the statutory requisites. The prevailing policy is to (2) Those who have been convicted of falsification of a document,
require satisfaction of the legal requirements in order to guard against
perjury or false testimony. (n)
fraud and bad faith but without undue or unnecessary curtailment of
testamentary privilege.
Article 824. A mere charge on the estate of the testator for the
Cruz v. Villasor, 54 SCRA, 31 payment of debts due at the time of the testator's death does not
- The notary public before whom the will was acknowledged cannot prevent his creditors from being competent witnesses to his will. (n)
be considered as the third instrumental witness since he cannot
acknowledge before himself his having signed the will. b. Supervening incompetency.
Gabucan v. Manta, 95 SCRA 752 Article 822. If the witnesses attesting the execution of a will are
- If the will bears no required documentary stamp, the court should competent at the time of attesting, their becoming subsequently
not dismiss the probation of a will but rather require the petitioner to incompetent shall not prevent the allowance of the will. (n)
affix the required documentary stamp to the notarial acknowledgment
of the will. c. Competency of interested witness.
Javellana v. Ledesma, 97 Phil. 258 Article 823. If a person attests the execution of a will, to whom or to
- The New Civil Code does not require that the signing of the whose spouse, or parent, or child, a devise or legacy is given by such
testator, witnesses and the notary be accomplished in one single act. will, such devise or legacy shall, so far only as concerns such person,
All that is required is that every will must be acknowledged before a or spouse, or parent, or child of such person, or any one claiming
notary public by the testator and witnesses.
under such person or spouse, or parent, or child, be void, unless there
Witnesses to a will are three other competent witnesses to such will. However, such
person so attesting shall be admitted as a witness as if such devise or
a. Who are competent? legacy had not been made or given. (n)
Article 820. Any person of sound mind and of the age of eighteen
years or more, and not blind, deaf or dumb, and able to read and
21
TRICIA CRUZ
DLSU-LAW
3. Special Requirements for deaf, deaf-mute & blind testators. 2. Specific requirements.
Article 807. If the testator be deaf, or a deaf-mute, he must personally read the Article 810. A person may execute a holographic will which must be entirely
will, if able to do so; otherwise, he shall designate two persons to read it and written, dated, and signed by the hand of the testator himself. It is subject to no
communicate to him, in some practicable manner, the contents thereof. (n) other form, and may be made in or out of the Philippines, and need not be
witnessed. (678, 688a)
Article 808. If the testator is blind, the will shall be read to him twice; once, by
Article 812. In holographic wills, the dispositions of the testator written below
one of the subscribing witnesses, and again, by the notary public before whom
his signature must be dated and signed by him in order to make them valid as
the will is acknowledged. (n) testamentary dispositions. (n)
Garcia v. Vasquez, 32 SCRA 489 Article 813. When a number of dispositions appearing in a holographic will are
- Art. 808 of the NCC provides that: “if the testator is blind, the will shall signed without being dated, and the last disposition has a signature and a
be read to him twice; once by one of the subscribing witnesses, and date, such date validates the dispositions preceding it, whatever be the time of
again by the notary public before whom the will is acknowledged.” The prior dispositions. (n)
rationale behind the requirement of reading the will to the testator if he
is blind or incapable of reading is to make the provisions thereof Roxas v. De Jesus, 134 SCRA 245
known to him, so that he may able to object if they are not in - A date containing the month and year, without indicating the specific
accordance with his wishes. The aim of the law is to ensure that the day, is valid compliance with art 810 (holographic will must be dated)
dispositions of the will are properly communicated to and understood there being no appearance of fraud, bad faith, undue influence and
by the handicapped testator, thus, making them truly reflective of his pressure.
desire.
Kalaw v. Relova, 132 SCRA 237
4. Substantial Compliance. - As a general rule only parts which are under erasures, corrections,
and interlineations made by the testator in a holographic will litem not
Article 809. In the absence of bad faith, forgery, or fraud, or undue and been noted under his signature shall be deemed void, HOWEVER if
improper pressure and influence, defects and imperfections in the form of those particular words are erased or corrected if made void would not
attestation or in the language used therein shall not render the will invalid if it is leave the will with anything to stand on, is shall be void as a whole.
proved that the will was in fact executed and attested in substantial
compliance with all the requirements of article 805. (n)
V. INCORPORATION OF DOCUMENT BY REFERENCE.
C. Holographic Wills
1. General requirements. 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
Article 804. Every will must be in writing and executed in a language or considered a part of the will unless the following requisites are present:
dialect known to the testator. (n)
22
TRICIA CRUZ
DLSU-LAW
(1) The document or paper referred to in the will must be in existence at the and due execution, and the fact of its unauthorized destruction, cancellation, or
time of the execution of the will; obliteration are established according to the Rules of Court. (n)
(2) The will must clearly describe and identify the same, stating among other B. Solemnities. Art. 826
things the number of pages thereof;
Article 826. In order that a codicil may be effective, it shall be executed as in
(3) It must be identified by clear and satisfactory proof as the document or the case of a will. (n)
paper referred to therein; and
VII. REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS
(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) A. Definition of revocation
B. When may revocation be effected.

VI. CODICILS
Article 828. A will may be revoked by the testator at any time before his death.
A. Definition. Art. 825, 830 Any waiver or restriction of this right is void. (737a)
Article 825. A codicil is supplement or addition to a will, made after the C. Law governing revocation.
execution of a will and annexed to be taken as a part thereof, by which
Article 829. A revocation done outside the Philippines, by a person who does
disposition made in the original will is explained, added to, or altered. (n)
not have his domicile in this country, is valid when it is done according to the
Article 830. No will shall be revoked except in the following cases: 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 takes
(1) By implication of law; or place in this country, when it is in accordance with the provisions of this Code.
(n)
(2) By some will, codicil, or other writing executed as provided in case of wills;
or D. Modes of revocation.
(3) By burning, tearing, cancelling, or obliterating the will with the intention of Article 830. No will shall be revoked except in the following cases:
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 (1) By implication of law; or
other person, without the express direction of the testator, the will may still be
(2) By some will, codicil, or other writing executed as provided in case of wills;
established, and the estate distributed in accordance therewith, if its contents,
or
23
TRICIA CRUZ
DLSU-LAW
(3) By burning, tearing, cancelling, or obliterating the will with the intention of much less the will of Adriana Maloto. For another, the burning was not
revoking it, by the testator himself, or by some other person in his presence, proven to be under the express direction of Adriana.
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 E. Effect of revocation.
established, and the estate distributed in accordance therewith, if its contents,
and due execution, and the fact of its unauthorized destruction, cancellation, or Article 831. Subsequent wills which do not revoke the previous ones in an
obliteration are established according to the Rules of Court. (n) express manner, annul only such dispositions in the prior wills as are
inconsistent with or contrary to those contained in the later wills. (n)
Gago v. Mamuyac, 49 Phil. 902
- Where the will which cannot be found is shown to have been Article 832. A revocation made in a subsequent will shall take effect, even if
in possession of the testator, when last seen, the presumption
the new will should become inoperative by reason of the incapacity of the
is, in the absence of other competent evidence, that the same
was cancelled or destroyed; heirs, devisees or legatees designated therein, or by their renunciation. (740a)
- The fact that such cancellation or revocation has taken place
must either remain unproved or be inferred from evidence Article 833. A revocation of a will based on a false cause or an illegal cause is
showing that after due search the original will cannot be found. null and void. (n)
- In view of the fact that the original will of 1919 could not be
found after the death of the testator Miguel Mamuyac and in Article 834. The recognition of an illegitimate child does not lose its legal
view of the positive proof that the same had been cancelled, effect, even though the will wherein it was made should be revoked. (741)
the Court is of the conclusion that the will presented for
probate had been cancelled by the testator in 1920. Molo v. Molo, 90 Phil. 3
- Duplicate copy of a will may be admitted in evidence when it is - This doctrine is known as that of dependent relative revocation, and is
made to appear that the original has been lost and was not usually applied here the testator cancels or destroys a will or executes
cancelled or destroyed by the testator. an instrument intended to revoke a will with a present intention to
make a new testamentary disposition as a substitute for the old, and
Casiano v. CA, 158 SCRA 451 the new disposition is not made or, if made, fails of effect for same
- In this case, while animus revocandi or the intention to revoke, may be reason. The doctrine is limited to the existence of some other
conceded, for that is a state of mind, yet the requisite alone would not document, however, and has been applied where a will was destroyed
suffice. Animus revocandi is only one of the necessary elements for as a consequence of a mistake of law.
the effective revocation of a last will and testament. The intention to - Revocation of the first will, will be conditional and dependent upon the
revoke must be accompanied by the overt physical act of burning, efficacy of the new disposition; and if, for any reason, the new will
tearing, obliterating, or cancelling the will carried out by the testator or intended to be made as a substitute is inoperative, the revocation fails
by another person in his presence and under his express direction. and the original will remains in full force.
- There is paucity of evidence to show compliance with these
requirements. For one, the documents or papers burned by Adriana’s
maid, Guadalupe, was not satisfactorily established to be a will at all,
24
TRICIA CRUZ
DLSU-LAW
F. Doctrine of Dependent Relative Revocation A. Concept of probate
VIII. REPUBLICATION AND REVIVAL OF WILLS Agtarap v. Agtarap, G.R. No. 177099 and 177192, June 8, 2011
- GEN RULE: The jurisdiction of the trial court, either as a
Article 835. The testator cannot republish, without reproducing in a subsequent probate or an intestate court, relates only to matters having to
will, the dispositions contained in a previous one which is void as to its form. do with the probate of the will and/or settlement of the estate
(n) of deceased persons, but does not extend to the
determination of questions of ownership that arise during the
Article 836. The execution of a codicil referring to a previous will has the effect proceedings.
of republishing the will as modified by the codicil. (n) - As held in several cases, a probate court or one in charge
of estate proceedings, whether testate or intestate, cannot
Article 837. If after making a will, the testator makes a second will expressly
adjudicate or determine title to properties claimed to be a part
revoking the first, the revocation of the second will does not revive the first will,
of the estate. All that the said court could do as regards said
which can be revived only by another will or codicil. (739a)
properties is to determine whether or not they should be
IX. ALLOWANCE OF WILLS. included in the inventory of properties to be administered by
the administrator.
Article 838. No will shall pass either real or personal property unless it is - EXCEPTIONS: (1) the probate court may provisionally
proved and allowed in accordance with the Rules of Court. pass upon in an intestate or a testate proceeding the question
of inclusion in, or exclusion from, the inventory of a piece of
The testator himself may, during his lifetime, petition the court having property w/o prejudice to the final determination of ownership
jurisdiction for the allowance of his will. In such case, the pertinent provisions in a separate action; (2) if the interested parties are all heirs to
of the Rules of Court for the allowance of wills after the testator's a death shall estate, or the question is one of collation or advancement, or
govern. the parties consent to the assumption of jurisdiction by the
probate court and the rights of third parties are not impaired,
The Supreme Court shall formulate such additional Rules of Court as may be
then the probate court is competent to resolve issues on
necessary for the allowance of wills on petition of the testator.
ownership.
Subject to the right of appeal, the allowance of the will, either during the
lifetime of the testator or after his death, shall be conclusive as to its due B. Necessity of probate
execution. (n)
De Borja v. De Borja, 46 SCRA 577
- Probate of a will is MANDATORY when the heirs SETTLE
and DISTRIBUTE the estate of the decedent.
25
TRICIA CRUZ
DLSU-LAW
- Probate of will is NOT NECESSARY in the CONVEYANCE Gan v. Yap, 104 Phil 509
of SHARE as a hereditary share in a decedent’s estate is - The courts will not distribute the property of the deceased in
transmitted or vested immediately from the moment of the accordance with his holographic will, unless they are shown his
handwriting and signature.
death of such predecessor in interest.
- The execution and the contents of a lost/destroyed holographic
- Probate of will is NOT NECESSARY in the CONVEYANCE will may not be proved by the bare testimony of witnesses who have
of share belonging to a compulsory heir; the compulsory heir’s seen and/or read such will.
successional interest exists independent of the will and would - In the case of a lost will, the three subscribing witnesses would be
exist even if such will were not probated at all. testifying to a fact which they saw, namely the act of the testator of
- A hereditary share in a decedent’s estate is transmitted or subscribing the will; whereas in the case of a lost holographic will, the
vested immediately from the moment of the death of the witnesses would testify as to their opinion of the handwriting which
they allegedly saw, an opinion which can not be tested in court, nor
decedent (w/ requisite contracting capacity) disposing of
directly contradicted by the oppositors, because the handwriting itself
his/her hereditary share immediately after such death, even if is not at hand.
the actual extent of such share is not determined until the
subsequent liquidation of the estate. Rodelas v. Aranza, 119 SCRA 16
- It is likewise worthy of note in this connection that as the - Pursuant to Art. 811 of the Civil Code, probate of holographic will
surviving spouse of Francisco de Borja, Tasiana Ongsingco is the allowance of the will by the court after its due execution has
was his compulsory heir under article 995 of the NCC. been proved.
- The probate may be uncontested or not. If uncontested, at least
one identifying witness is required and, if not witness is available,
C. Modes of probate experts may be resorted to. If contested, at least three identifying
witnesses are required.
D. Requirements for probate. - However, if the holographic will has been lost/destroyed and no
other copy is available, the will cannot be probated because the best
Article 811. In the probate of a holographic will, it shall be necessary that at and only evidence is the handwriting of the testator in said will. It is
least one witness who knows the handwriting and signature of the testator necessary that there be a comparison between sample handwritten
explicitly declare that the will and the signature are in the handwriting of the statements of the testator and the handwritten will. But, a photostatic
testator. If the will is contested, at least three of such witnesses shall be copy or xerox copy of the holographic will may be allowed because
required. comparison can be made with the standard writings of the testator.
In the absence of any competent witness referred to in the preceding Azaola v. Singson, 109 Phil. 102
- Whether the will is contested/not contested, Art. 811 of the NCC
paragraph, and if the court deem it necessary, expert testimony may be
cannot be interpreted as to require the compulsory presentation of
resorted to. (619a) three witnesses to indentify the handwriting of the testator, under
penalty of having the probate denied.
26
TRICIA CRUZ
DLSU-LAW
- The three-witness rule in Art. 811 (when contested) can be prayed; and (e) if the will has not been delivered to the court, and the
considered mandatory only in the case of ordinary testaments, name of the person having custody of it.
precisely because the presence of at least three witnesses at the
execution of ordinary wills is made by law essential to their validity E. Effect of allowance of wills
(Art. 805). Where the will is holographic, no witness need be present
(Art. 810), and the rule requiring production of three witnesses must be Gallanosa .v. Arcangel, 83 SCRA 676
deemed merely permissive if absurd results are to be avoided. - The 1939 decree of probate is conclusive as to the
due execution or formal validity of the will. That means
Codoy v. Calugay, 312 SCRA 333 that the testator was of sound disposing mind at the time
- Art. 811 is mandatory. The word “shall” in a statute commonly when he executed the will and was not acting under
denotes an imperative obligation and is inconsistent with the idea of duress, menace, fraud or undue influence; that the will
discretion and that the presumption is that the word “shall,” when used was signed by him, in the presence of the required
in a statute is mandatory. number of witnesses, and that the will is genuine and not
a forgery. Accordingly, these facts cannot again be
Uy Kiao Eng v. Nixon Lee, G.R. No. 176831, January 15, 2010 questioned in subsequent proceeding, not even in a
- The remedy of mandamus cannot be availed of by a person criminal action for the forgery of will.
seeking for the production of the original copy of a holographic will
because there lies another plain, speedy and adequate remedy in the De la Cerna v. Leonides, 129 SCRA 33
ordinary course of law by virtue of Rule 76, Sec. 1 and Rule 75, Secs.
2-5. Roberts v. Leonides, 129 SCRA 33
- The probate of the will is mandatory. It is anomalous
Palaganas v. Palaganas, G.R. No. 169144, January 26, 2011 that the estate of a person who died testate should be
- Our laws do not prohibit the probate of wills executed by settled in an intestate proceeding. Therefore, the intestate
foreigners abroad although the same have not as yet been probated case should be consolidated with the testate proceeding
and allowed in the countries of their execution. A foreign will can be and the judge assigned to the testate proceeding should
given legal effects in our jurisdiction. Art. 816 of the Civil Code states continue hearing two case.
that the will of an alien who is abroad produces effect in the
Philippines if made in accordance with the formalities prescribed by Nepomuceno v. Ca, 139 SCRA 206
the law of the place where he resides, or according to the formalities - Citing Nuguid v. Nuguid: “In view of certain unusual
observed in his country. provisions of the will, which are of dubious legality, and
- Our rules require merely that the petition for the allowance of a will because of the motion to withdraw the petition for probate,
must show, so far as known to the petitioner: (a) jurisdictional facts; (b) the trial court acted correctly in passing upon the will’s
the names, ages, and residences of the heirs, legatees, and devisees intrinsic validity even before its formal validity had been
of the testator or decedent; (c) the probable value and character of the established. The probate of a will might become an idle
property of the estate; (d) the name of the person for whom letters are ceremony if on its face, it appears to be intrinsically void.
27
TRICIA CRUZ
DLSU-LAW
- Where practical considerations demand that the A threat to enforce one's claim through competent authority, if the claim is just
intrinsic validity of the will be passed upon, even before it or legal, does not vitiate consent. (1267a)
is probated, the court should meet the issue.
Article 1337. There is undue influence when a person takes improper
X. DISALLOWANCE OF WILLS. advantage of his power over the will of another, depriving the latter of a
reasonable freedom of choice. The following circumstances shall be
Article 839. The will shall be disallowed in any of the following cases:
considered: the confidential, family, spiritual and other relations between the
(1) If the formalities required by law have not been complied with; parties, or the fact that the person alleged to have been unduly influenced was
suffering from mental weakness, or was ignorant or in financial distress. (n)
(2) If the testator was insane, or otherwise mentally incapable of making a will,
at the time of its execution; Article 1338. There is fraud when, through insidious words or machinations of
one of the contracting parties, the other is induced to enter into a contract
(3) If it was executed through force or under duress, or the influence of fear, or which, without them, he would not have agreed to. (1269)
threats;
Pascual v. de la Cruz, 28 SCRA 421
- Contradictions and inconsistencies appearing in the testimonies
(4) If it was procured by undue and improper pressure and influence, on the
of the witnesses and the notary, pointed out by the oppositors-
part of the beneficiary or of some other person; appellants, relate to unimportant details of the impressions of the
witnesses about certain details which could have been affected by
(5) If the signature of the testator was procured by fraud; the lapse of time and the treachery of human memory, and which
inconsistencies, by themselves, would not alter the probative
(6) If the testator acted by mistake or did not intend that the instrument he value of their testimonies on the due execution of the will.
signed should be his will at the time of affixing his signature thereto. (n) - For purposes of determining the due execution of a will, it is not
necessary that the instrumental witnesses should give an accurate
Article 1335. There is violence when in order to wrest consent, serious or and detailed account of the proceeding, such as recalling the
irresistible force is employed. order of the signing of the document by the said witnesses. It is
sufficient that they have seen or at least were so situated at the
There is intimidation when one of the contracting parties is compelled by a moment that they could have seen each other sign, had they
reasonable and well-grounded fear of an imminent and grave evil upon his wanted to do so.
person or property, or upon the person or property of his spouse, descendants
or ascendants, to give his consent.
To determine the degree of intimidation, the age, sex and condition of the
person shall be borne in mind.
28
TRICIA CRUZ
DLSU-LAW
XI. LEGITIME In all cases of illegitimate children, their filiation must be duly proved.
A. Concept. Art. 886 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
Article 886. Legitime is that part of the testator's property which he cannot Code. (807a)
dispose of because the law has reserved it for certain heirs who are, therefore,
called compulsory heirs. (806) Article 902. The rights of illegitimate children set forth in the preceding articles
are transmitted upon their death to their descendants, whether legitimate or
Rosales v. Rosales, 148 SCRA 69 illegitimate. (843a)
A surviving spouse is not an intestate heir of his or her parent-in-law. Surviving
spouse is a third party in the estate of a parent-in-law.
C. Concurrence of compulsory heirs and their
Intestate or legal heirs are classified into 2 groups: (1) those who inherit by corresponding legitimes.
their own right, and (2) those who inherit by the right of representation (article
981). The basis for right of representation is blood relationship. Article 888. The legitime of legitimate children and descendants consists of
one-half of the hereditary estate of the father and of the mother.
B. Who are entitled to legitimes: Compulsory heirs.
The latter may freely dispose of the remaining half, subject to the rights of
Article 887. The following are compulsory heirs: illegitimate children and of the surviving spouse as hereinafter provided.
(808a)
(1) Legitimate children and descendants, with respect to their legitimate
parents and ascendants; Article 889. The legitime of legitimate parents or ascendants consists of one-
half of the hereditary estates of their children and descendants.
(2) In default of the foregoing, legitimate parents and ascendants, with respect
to their legitimate children and descendants; The children or descendants may freely dispose of the other half, subject to
the rights of illegitimate children and of the surviving spouse as hereinafter
(3) The widow or widower; provided. (809a)
(4) Acknowledged natural children, and natural children by legal fiction; Article 890. The legitime reserved for the legitimate parents shall be divided
between them equally; if one of the parents should have died, the whole shall
(5) Other illegitimate children referred to in article 287.
pass to the survivor.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in
If the testator leaves neither father nor mother, but is survived by ascendants
Nos. 1 and 2; neither do they exclude one another.
of equal degree of the paternal and maternal lines, the legitime shall be
29
TRICIA CRUZ
DLSU-LAW
divided equally between both lines. If the ascendants should be of different The legitime of an illegitimate child who is neither an acknowledged natural,
degrees, it shall pertain entirely to the ones nearest in degree of either line. nor a natural child by legal fiction, shall be equal in every case to four-fifths of
(810) the legitime of an acknowledged natural child.
Art. 892. If only one legitimate child or descendant of the deceased survives, The legitime of the illegitimate children shall be taken from the portion of the
the widow or widower shall be entitled to one-fourth of the hereditary estate. In estate at the free disposal of the testator, provided that in no case shall the
case of a legal separation, the surviving spouse may inherit if it was the total legitime of such illegitimate children exceed that free portion, and that the
deceased who had given cause for the same. legitime of the surviving spouse must first be fully satisfied. (840a)
If there are two or more legitimate children or descendants, the surviving Art. 896. Illegitimate children who may survive with legitimate parents or
spouse shall be entitled to a portion equal to the legitime of each of the ascendants of the deceased shall be entitled to one-fourth of the hereditary
legitimate children or descendants. estate to be taken from the portion at the free disposal of the testator. (841a)
In both cases, the legitime of the surviving spouse shall be taken from the Art. 897. When the widow or widower survives with legitimate children or
portion that can be freely disposed of by the testator. (834a) descendants, and acknowledged natural children, or natural children by legal
fiction, such surviving spouse shall be entitled to a portion equal to the legitime
Art. 893. If the testator leaves no legitimate descendants, but leaves legitimate of each of the legitimate children which must be taken from that part of the
ascendants, the surviving spouse shall have a right to one-fourth of the estate which the testator can freely dispose of. (n)
hereditary estate.
Art. 898. If the widow or widower survives with legitimate children or
This fourth shall be taken from the free portion of the estate. (836a) descendants, and with illegitimate children other than acknowledged natural,
or natural children by legal fiction, the share of the surviving spouse shall be
Art. 894. If the testator leaves illegitimate children, the surviving spouse shall
the same as that provided in the preceding article. (n)
be entitled to one-third of the hereditary estate of the deceased and the
illegitimate children to another third. The remaining third shall be at the free Art. 899. When the widow or widower survives with legitimate parents or
disposal of the testator. (n) ascendants and with illegitimate children, such surviving spouse shall be
entitled to one-eighth of the hereditary Art. 892. If only one legitimate child or
Art. 895. The legitime of each of the acknowledged natural children and each
descendant of the deceased survives, the widow or widower shall be entitled
of the natural children by legal fiction shall consist of one-half of the legitime of
to one-fourth of the hereditary estate. In case of a legal separation, the
each of the legitimate children or descendants.
surviving spouse may inherit if it was the deceased who had given cause for
the same.
30
TRICIA CRUZ
DLSU-LAW
If there are two or more legitimate children or descendants, the surviving Article 39. The following circumstances, among others, modify or limit capacity
spouse shall be entitled to a portion equal to the legitime of each of the to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
legitimate children or descendants. prodigality, family relations, alienage, absence, insolvency and trusteeship.
The consequences of these circumstances are governed in this Code, other
In both cases, the legitime of the surviving spouse shall be taken from the codes, the Rules of Court, and in special laws. Capacity to act is not limited on
portion that can be freely disposed of by the testator. (834a) account of religious belief or political opinion.
Art. 900. If the only survivor is the widow or widower, she or he shall be A married woman, twenty-one years of age or over, is qualified for all acts of
entitled to one-half of the hereditary estate of the deceased spouse, and the civil life, except in cases specified by law. (n)
testator may freely dispose of the other half. (837a)
**P.D. No. 603**
If the marriage between the surviving spouse and the testator was solemnized
in articulo mortis, and the testator died within three months from the time of the D. Restrictions regarding the legitime.
marriage, the legitime of the surviving spouse as the sole heir shall be one-
third of the hereditary estate, except when they have been living as husband Article 904. The testator cannot deprive his compulsory heirs of their legitime,
and wife for more than five years. In the latter case, the legitime of the except in cases expressly specified by law.
surviving spouse shall be that specified in the preceding paragraph. (n)
Neither can he impose upon the same any burden, encumbrance, condition, or
Art. 901. When the testator dies leaving illegitimate children and no other substitution of any kind whatsoever. (813a)
compulsory heirs, such illegitimate children shall have a right to one-half of the
hereditary estate of the deceased. Article 872. The testator cannot impose any charge, condition, or substitution
whatsoever upon the legitimes prescribed in this Code. Should he do so, the
The other half shall be at the free disposal of the testator. (842a) same shall be considered as not imposed. (813a)
Article 903. The legitime of the parents who have an illegitimate child, when Article 905. Every renunciation or compromise as regards a future legitime
such child leaves neither legitimate descendants, nor a surviving spouse, nor between the person owing it and his compulsory heirs is void, and the latter
illegitimate children, is one-half of the hereditary estate of such illegitimate may claim the same upon the death of the former; but they must bring to
child. If only legitimate or illegitimate children are left, the parents are not collation whatever they may have received by virtue of the renunciation or
entitled to any legitime whatsoever. If only the widow or widower survives with compromise. (816)
parents of the illegitimate child, the legitime of the parents is one-fourth of the
hereditary estate of the child, and that of the surviving spouse also one-fourth Article 906. Any compulsory heir to whom the testator has left by any title less
of the estate. (n) than the legitime belonging to him may demand that the same be fully
satisfied. (815)
31
TRICIA CRUZ
DLSU-LAW
Article 907. Testamentary dispositions that impair or diminish the legitime of Donations made to strangers shall be charged to that part of the estate of
the compulsory heirs shall be reduced on petition of the same, insofar as they which the testator could have disposed by his last will.
may be inofficious or excessive. (817)
Insofar as they may be inofficious or may exceed the disposable portion, they
shall be reduced according to the rules established by this Code. (819a)
Article 1347. All things which are not outside the commerce of men, including
future things, may be the object of a contract. All rights which are not Article 910. Donations which an illegitimate child may have received during the
intransmissible may also be the object of contracts. lifetime of his father or mother, shall be charged to his legitime.
No contract may be entered into upon future inheritance except in cases Should they exceed the portion that can be freely disposed of, they shall be
expressly authorized by law. reduced in the manner prescribed by this Code. (847a)
All services which are not contrary to law, morals, good customs, public order Article 911. After the legitime has been determined in accordance with the
or public policy may likewise be the object of a contract. (1271a) three preceding articles, the reduction shall be made as follows:
Santiago v. Santiago, et. al., G.R. 179859, August 9, 2010 (1) Donations shall be respected as long as the legitime can be covered,
Restrictions regarding legitimes Note: This case is primarily focused on res reducing or annulling, if necessary, the devises or legacies made in the will;
judicata, it barely touched upon restrictions.
(2) The reduction of the devises or legacies shall be pro rata, without any
While the intention of the decedent is clear that the property be owned in distinction whatever.
common, the condition set is subject to statutory limitation regarding
indivisibility. If the testator has directed that a certain devise or legacy be paid in preference
to others, it shall not suffer any reduction until the latter have been applied in
E. Determination or computation.
full to the payment of the legitime.
Article 908. To determine the legitime, the value of the property left at the
(3) If the devise or legacy consists of a usufruct or life annuity, whose value
death of the testator shall be considered, deducting all debts and charges,
may be considered greater than that of the disposable portion, the compulsory
which shall not include those imposed in the will.
heirs may choose between complying with the testamentary provision and
To the net value of the hereditary estate, shall be added the value of all delivering to the devisee or legatee the part of the inheritance of which the
donations by the testator that are subject to collation, at the time he made testator could freely dispose. (820a)
them. (818a)
Article 912. If the devise subject to reduction should consist of real property,
Article 909. Donations given to children shall be charged to their legitime. which cannot be conveniently divided, it shall go to the devisee if the reduction
does not absorb one-half of its value; and in a contrary case, to the
32
TRICIA CRUZ
DLSU-LAW
compulsory heirs; but the former and the latter shall reimburse each other in Article 1064. When the grandchildren, who survive with their uncles,
cash for what respectively belongs to them. aunts, or cousins, inherit from their grandparents in representation of
their father or mother, they shall bring to collation all that their parents,
The devisee who is entitled to a legitime may retain the entire property, if alive, would have been obliged to bring, even though such
provided its value does not exceed that of the disposable portion and of the grandchildren have not inherited the property.
share pertaining to him as legitime. (821)
They shall also bring to collation all that they may have received from
Article 913. If the heirs or devisees do not choose to avail themselves of the the decedent during his lifetime, unless the testator has provided
right granted by the preceding article, any heir or otherwise, in which case his wishes must be respected, if the legitime
of the co-heirs is not prejudiced. (1038)
devisee who did not have such right may exercise it; should the latter not
make use of it, the property shall be sold at public auction at the instance of Article 1065. Parents are not obliged to bring to collation in the inheritance of
any one of the interested parties. (822) their ascendants any property which may have been donated by the latter to
their children. (1039)
COLLATION.
Article 1066. Neither shall donations to the spouse of the child be brought to
Article 1061. Every compulsory heir, who succeeds with other
collation; but if they have been given by the parent to the spouses jointly, the
compulsory heirs, must bring into the mass of the estate any property
child shall be obliged to bring to collation one-half of the thing donated. (1040)
or right which he may have received from the decedent, during the
lifetime of the latter, by way of donation, or any other gratuitous title, in Article 1067. Expenses for support, education, medical attendance, even in
order that it may be computed in the determination of the legitime of extraordinary illness, apprenticeship, ordinary equipment, or customary gifts
each heir, and in the account of the partition. (1035a) are not subject to collation. (1041)
Article 1062. Collation shall not take place among compulsory heirs if Article 1068. Expenses incurred by the parents in giving their children a
the donor should have so expressly provided, or if the donee should professional, vocational or other career shall not be brought to collation unless
repudiate the inheritance, unless the donation should be reduced as the parents so provide, or unless they impair the legitime; but when their
inofficious. (1036) collation is required, the sum which the child would have spent if he had lived
in the house and company of his parents shall be deducted therefrom. (1042a)
Article 1063. Property left by will is not deemed subject to collation, if
the testator has not otherwise provided, but the legitime shall in any Article 1069. Any sums paid by a parent in satisfaction of the debts of his
case remain unimpaired. (1037) children, election expenses, fines, and similar expenses shall be brought to
collation. (1043a)
33
TRICIA CRUZ
DLSU-LAW
Article 1070. Wedding gifts by parents and ascendants consisting of jewelry,

clothing, and outfit, shall not be reduced as inofficious except insofar as they Locsin v. CA, 206 SCRA 383
may exceed one-tenth of the sum which is disposable by will. (1044) The right arising under certain circumstances to impugn and compel the
reduction or revocation of a decedent's gifts inter vivos does not inure to the
Article 1071. The same things donated are not to be brought to collation and respondents since neither they nor the donees are compulsory (or forced)
heirs.
partition, but only their value at the time of thedonation, even though their just
F. Freedom to dispose free portion.
value may not then have been assessed.
Article 914. The testator may devise and bequeath the free portion as
Their subsequent increase or deterioration and even their total loss or
he may deem fit. (n)
destruction, be it accidental or culpable, shall be for the benefit or account and
risk of the donee. (1045a)
Principles Affecting Legitime
Arellano v. Pascual, G.R. No. 189776, December 15, 2010
Collation takes place when there are compulsory heirs, one of its XII. PRETERITION.
purposes being to determine the legitime and the free portion. If there
is no compulsory heir, there is no legitime to be safeguarded. Article 854. The preterition or omission of one, some, or all of the compulsory
heirs in the direct line, whether living at the time of the execution of the will or
Gregorio v. Madarang, G.R. No. 185226, February 11, 2010 born after the death of the testator, shall annul the institution of heir; but the
Even if the heirs have agreed to exclude property from the estate, Art. devises and legacies shall be valid insofar as they are not inofficious.
1061 of the Civil Code must be followed. (Heirs can’t decide on their
own what is included and what is not) If the omitted compulsory heirs should die before the testator, the institution
shall be effectual, without prejudice to the right of representation. (814a)
Dizon-Rivera v. Dizon, 33 SCRA 554
A will that includes the partition wishes of the testator as regards Article 906. Any compulsory heir to whom the testator has left by any title less
his/her estate is valid and binding among the compulsory heirs without than the legitime belonging to him may demand that the same be fully
prejudice to their legitime and cannot be subject to collation.
satisfied. (815)
De Roma v. CA, 152 SCRA 205
There is nothing in the provisions of the will which expressly prohibits Article 855. The share of a child or descendant omitted in a will must first be
the collation of donated properties. The phrase describing the taken from the part of the estate not disposed of by the will, if any; if that is not
donation as irrevocable should not be construed as an express sufficient, so much as may be necessary must be taken proportionally from the
prohibition against collation. Art. 1062 of the Civil Code provides that shares of the other compulsory heirs. (1080a)
collation shall not take place if the donor should have expressly so
provided. Anything less than such express prohibition will not suffice Article 918. Disinheritance without a specification of the cause, or for a cause
under the clear language of Art. 1062
the truth of which, if contradicted, is not proved, or which is not one of those
34
TRICIA CRUZ
DLSU-LAW
set forth in this Code, shall annul the institution of heirs insofar as it may The testator wished to dispose property in his will, designating as heirs his
prejudice the person disinherited; but the devises and legacies and other natural father, Francisco Escuin, and his wife, Maria Teresa Ponce de Leon,
testamentary dispositions shall be valid to such extent as will not impair the all together ignoring his recognized natural child who is the general heir of the
late Emilio Escuin. In view thereof, and for the reason that he exceeded his
legitime. (851a)
rights, the said designation of heirs became void insofar as it impaired the right
of his general heir and deprived him of his legal portions; that the will,
Heirs of Policronio Ureta, Sr. v. Heirs of Liberato Ureta, G.R. No. 165748
however, is valid with respect to the 2/3 of the property which the testator
and 165930, September 14, 2011
freely disposed of.
Preterition is a concept of testamentary succession and therefore requires a
will.
Balanay v. Martinez, 64 SCRA 452
The preterition of the surviving spouse does not entirely annul the institution of
Aznar v. Duncan, 17 SCRA 590
heir as he is not a compulsory heir in the direct line. The institution is only
Since the decedent left the “preterited” heir a legacy, then this case is not a
partially annulled, by reducing the rights of the instituted heir to the extent
case of preterition. The heir could not that the institution of the heirs be
necessary to cover the legitime of the omitted surviving spouse. This differs
annulled, but only that her legitime be completed.
from the preterition of compulsory heirs in the direct line, which produces total
intestacy, saving devisees and legacies.
Nuguid v. Nuguid, 17 SCRA 449
The declaration of a universal heir and the preterition of other heirs shall result
Solano v. CA, 126 SCRA 122
in the nullification of the institution of heirs. However, if the will does not
contain any legacies or devises, then the will shall be a complete nullity as
Acain v. CA, 155 SCRA 100
well.
(1) Even if the surviving spouse is a compulsory heir, there is no preterition
even if she is omitted from the inheritance, for she is not in the direct line. (2)
Reyes v. Barreto-Datu, 19 SCRA 85
Adoption gives to the adopted person the same rights and duties as if he were
The legal precept (Article 1081) does not speak of children, or descendants, but
a legitimate child of the adopter and makes the adopted person a legal heir of
of heirs (without distinction between forced, voluntary or intestate ones), and
the adopter.
the fact that Salud happened not to be a daughter of Bibiano does not preclude
her being one of the heirs expressly named in his testament; for Bibiano
XIII. RESERVA TRONCAL.
Barretto was at liberty to assign the free portion of his estate to whomsoever he
Article 891. The ascendant who inherits from his descendant any property
chose. While the share (½) assigned to Salud impinged on the legitime of
which the latter may have acquired by gratuitous title from another ascendant,
Milagros, Salud did not for that reason cease to be a testamentary heir of
or a brother or sister, is obliged to reserve such property as he may have
Bibiano Barretto.
acquired by operation of law for the benefit of relatives who are within the third
degree and who belong to the line from which said property came. (871)
Escuin v. Escuin, 11 Phil. 332
Edroso v. Sablan, 25 Phil. 295
In case of preterition of a compulsory heir, the will is only annulled insofar as
Upon the death of Victoriano Sablan, he left his son Pedro two parcels of land.
the legal portion of the said heir was impaired. Legacies and betterments shall
Subsequently, Pedro died without issue and the properties were inherited by his
be valid, insofar as they are not illegal.
mother, Marcelina. Marcelina filed a petition to register the said properties
35
TRICIA CRUZ
DLSU-LAW
under her name. Two legitimate brothers of Victoriano opposed the registration. Chua v.CFI, 78 SCRA 406
The trial court denied the application. Hence, this petition. "The essential thing is that the person who transmits it does so gratuitously,
from pure generosity, without requiring from the transferee any prestation."
Seines v. Esparcia, 1 SCRA 750
The reservista has the legal title and dominion to the reservable As long as the transmission of the property to the heirs is free from any
property but subject to a resolutory condition; that he is like a life condition imposed by the deceased himself and the property is given out of
usufructuary of the reservable property; that he may alienate the same pure generosity, it is gratuitous.
but subject to reservation, said alienation transmitting only the
revocable and conditional ownership of the reservists, the rights Gonzales v. CFI 104 SCRA 161
acquired by the transferee being revoked or resolved by the survival of The reservor cannot make a disposition mortis causa of the reservable
reservatarios at the time of the death of the reservista properties as long as the reservees survived the reservor.
Florentino v. Florentino, 40 Phil. 480 De Papa v. Camacho, 144 SCRA 281

Reservable property left, through a will or otherwise, by the death of ascendant
(reservista) together with his own property in favor of another of his XIV. RESERVA ADOPTIVA. Art. 39, PD 603
descendants as forced heir, forms no part of the latter's lawful inheritance nor of Article 39. The following circumstances, among others, modify or limit capacity
the legitime, for the reason that, as said property continued to be reservable, to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
the heir receiving the same as an inheritance from his ascendant has the strict prodigality, family relations, alienage, absence, insolvency and trusteeship.
obligation of its delivery to the relatives, within the third degree, of the The consequences of these circumstances are governed in this Code, other
predecessor in interest (prepositus), without prejudicing the right of the heir to codes, the Rules of Court, and in special laws. Capacity to act is not limited on
an aliquot part of the property, if he has at the same time the right of a account of religious belief or political opinion.
reservatario (reservees). A married woman, twenty-one years of age or over, is qualified for all acts of
- There is right of representation on the part of the reservatorios who civil life, except in cases specified by law. (n)
are within the third degree mentioned by law, as in the case of
nephews of the deceased persons from whom the reservable property Banawa v. Mirano, 97 SCRA 517
came.
Teotico v. del Val, 13 SCRA 406
Padura v. Baldovino, 104 Phil. 1065 Under our law the relationship by adoption is limited solely to the adopted and
While all relatives within the third degree, as a group are called to does not extend to the relatives of the adopting parents or of the adopted child
succeed as reservees, as among themselves the rules of intestacy will except only as expressly provided for by law. Hence, no relationship is created
apply, particularly Articles 1001, 1004, 1005, and 1009 in this case. In between the adopted and the collaterals of the adopting parents. As a
the case at bar, the Baldovinos being nephews of whole blood are consequence, the adopted is an heir of the adopter but not of the relatives of
entitled to a share twice as large of the Paduras, who are nephews of the adopted.
half blood.
36
TRICIA CRUZ
DLSU-LAW
**P.D. No. 603** (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;
XV. DISINHERITANCE. Arts. 915-923
(5) A refusal without justifiable cause to support the parent or ascendant who
Article 915. A compulsory heir may, in consequence of disinheritance, be disinherits such child or descendant;
deprived of his legitime, for causes expressly stated by law. (848a)
(6) Maltreatment of the testator by word or deed, by the child or descendant;
Article 916. Disinheritance can be effected only through a will wherein the legal
cause therefor shall be specified. (849) (7) When a child or descendant leads a dishonorable or disgraceful life;
Article 917. The burden of proving the truth of the cause for disinheritance (8) Conviction of a crime which carries with it the penalty of civil interdiction.
shall rest upon the other heirs of the testator, if the disinherited heir should (756, 853, 674a)
deny it. (850)
Article 920. The following shall be sufficient causes for the disinheritance of
Article 918. Disinheritance without a specification of the cause, or for a cause parents or ascendants, whether legitimate or illegitimate:
the truth of which, if contradicted, is not proved, or which is not one of those
set forth in this Code, shall annul the institution of heirs insofar as it may (1) When the parents have abandoned their children or induced their
prejudice the person disinherited; but the devises and legacies and other daughters to live a corrupt or immoral life, or attempted against their virtue;
testamentary dispositions shall be valid to such extent as will not impair the
legitime. (851a) (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;
Article 919. The following shall be sufficient causes for the disinheritance of
children and descendants, legitimate as well as illegitimate: (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
(1) When a child or descendant has been found guilty of an attempt against has been found to be false;
the life of the testator, his or her spouse, descendants, or ascendants;
(4) When the parent or ascendant has been convicted of adultery or
(2) When a child or descendant has accused the testator of a crime for which concubinage with the spouse of the testator;
the law prescribes imprisonment for six years or more, if the accusation has
been found groundless; (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;
(3) When a child or descendant has been convicted of adultery or concubinage
with the spouse of the testator; (6) The loss of parental authority for causes specified in this Code;
37
TRICIA CRUZ
DLSU-LAW
(7) The refusal to support the children or descendants without justifiable to the legitime; but the disinherited parent shall not have the usufruct or
cause; administration of the property which constitutes the legitime. (857)
(8) An attempt by one of the parents against the life of the other, unless there
has been a reconciliation between them. Principles Affecting the Freely Disposable Portion
(756, 854, 674a) XVI. INSTITUTION OF HEIRS
Article 921. The following shall be sufficient causes for disinheriting a spouse: A. In General
(1) When the spouse has been convicted of an attempt against the life of the 1. Definition.
testator, his or her descendants, or ascendants;
Article 840. Institution of heir is an act by virtue of which a testator
(2) When the spouse has accused the testator of a crime for which the law designates in his will the person or persons who are to succeed him in
prescribes imprisonment of six years or more, and the accusation has been his property and transmissible rights and obligations. (n)
found to be false;
2. Requisites for valid institution of heirs.
(3) When the spouse by fraud, violence, intimidation, or undue influence cause
the testator to make a will or to change one already made; Article 785. The duration or efficacy of the designation of heirs,
devisees or legatees, or the determination of the portions which they
(4) When the spouse has given cause for legal separation; are to take, when referred to by name, cannot be left to the discretion
of a third person. (670a)
(5) When the spouse has given grounds for the loss of parental authority;
Article 787. The testator may not make a testamentary disposition in
(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, such manner that another person has to determine whether or not it is
674a) to be operative. (n)
Article 922. A subsequent reconciliation between the offender and the 3. Effect if will institutes no heir.
offended person deprives the latter of the right to disinherit, and renders
ineffectual any disinheritance that may have been made. (856) Article 841. A will shall be valid even though it should not contain an
institution of an heir, or such institution should not comprise the entire
Article 923. The children and descendants of the person disinherited shall take estate, and even though the person so instituted should not accept the
his or her place and shall preserve the rights of compulsory heirs with respect inheritance or should be incapacitated to succeed.
38
TRICIA CRUZ
DLSU-LAW
In such cases the testamentary dispositions made in accordance with Article 789. When there is an imperfect description, or when no person
law shall be complied with and the remainder of the estate shall pass or property exactly answers the description, mistakes and omissions
to the legal heirs. (764) must be corrected, if the error appears from the context of the will or
from extrinsic evidence, excluding the oral declarations of the testator
4. Freedom of disposition. as to his intention; and when an uncertainty arises upon the face of
the will, as to the application of any of its provisions, the testator's
Article 842. One who has no compulsory heirs may dispose by will of intention is to be ascertained from the words of the will, taking into
all his estate or any part of it in favor of any person having capacity to consideration the circumstances under which it was made, excluding
succeed. such oral declarations. (n)
One who has compulsory heirs may dispose of his estate provided he 6. Disposition in favor of an unknown person.
does not contravene the provisions of this Code with regard to the
legitime of said heirs. (763a) Article 845. Every disposition in favor of an unknown person shall be
void, unless by some event or circumstance his identity becomes
5. Manner of designating an heir. certain. However, a disposition in favor of a definite class or group of
persons shall be valid. (750a)
Article 843. The testator shall designate the heir by his name and
surname, and when there are two persons having the same names, 7. Disposition in favor of a definite class. Art. 845 in
he shall indicate some circumstance by which the instituted heir may relation to. Art. 786
be known.
Article 845. Every disposition in favor of an unknown person shall be
Even though the testator may have omitted the name of the heir, void, unless by some event or circumstance his identity becomes
should he designate him in such manner that there can be no doubt as certain. However, a disposition in favor of a definite class or group of
to who has been instituted, the institution shall be valid. (772) persons shall be valid. (750a)
Article 786. The testator may entrust to a third person the distribution
Article 844. An error in the name, surname, or circumstances of the
of specific property or sums of money that he may leave in general to
heir shall not vitiate the institution when it is possible, in any other
specified classes or causes, and also the designation of the persons,
manner, to know with certainty the person instituted.
institutions or establishments to which such property or sums are to be
given or applied. (671a)
If among persons having the same names and surnames, there is a
similarity of circumstances in such a way that, even with the use of
other proof, the person instituted cannot be identified, none of them
shall be an heir. (773a)
39
TRICIA CRUZ
DLSU-LAW
8. Equality of heirs.
Article 846. Heirs instituted without designation of shares shall inherit B. Kinds of Institution
in equal parts. (765)
1. Simple or Pure.
Article 848. If the testator should institute his brothers and sisters, and
he has some of full blood and others of half-blood, the inheritance Article 777. The rights to the succession are transmitted from
shall be distributed equally unless a different intention appears. (770a) the moment of the death of the decedent. (657a)
2. Conditional. Art. 871

9. Individuality of institution.
Article 871. The institution of an heir may be made
Article 847. When the testator institutes some heirs conditionally, or for a certain purpose or cause. (790a)
individually and others collectively as when he says, "I
designate as my heirs A and B, and the children of C," those a. Kinds
collectively designated shall be considered as individually
instituted, unless it clearly appears that the intention of the 1. Simple or Pure.
testator was otherwise. (769a)
Article 777. The rights to the succession are transmitted from
10. Simultaneity of institution. the moment of the death of the decedent. (657a)
Article 849. When the testator calls to the succession a person 2. Conditional.
and his children they are all deemed to have been instituted
simultaneously and not successively. (771) Article 871. The institution of an heir may be made
conditionally, or for a certain purpose or cause. (790a)
11. Institution based on a false cause.
a. Kinds
Article 850. The statement of a false cause for the institution of
an heir shall be considered as not written, unless it appears
b. Inoperative conditions.
from the will that the testator would not have made such
institution if he had known the falsity of such cause. (767a)
Article 872. The testator cannot impose any charge, condition,
or substitution whatsoever upon the legitimes prescribed in
40
TRICIA CRUZ
DLSU-LAW
this Code. Should he do so, the same shall be considered as c. Disposition Captatoria.
not imposed. (813a)
Article 875. Any disposition made upon the condition that the
Article 873. Impossible conditions and those contrary to law or heir shall make some provision in his will in favor of the
good customs shall be considered as not imposed and shall in testator or of any other person shall be void. (794a)
no manner prejudice the heir, even if the testator should
otherwise provide. (792a) d. Compliance.
Article 874. An absolute condition not to contract a first or Article 876. Any purely potestative condition imposed upon an
subsequent marriage shall be considered as not written unless heir must be fulfilled by him as soon as he learns of the
such condition has been imposed on the widow or widower by testator's death.
the deceased spouse, or by the latter's ascendants or
descendants. This rule shall not apply when the condition, already complied
with, cannot be fulfilled again. (795a)
Nevertheless, the right of usufruct, or an allowance or some
personal prestation may be devised or bequeathed to any Article 877. If the condition is casual or mixed, it shall be
person for the time during which he or she should remain sufficient if it happen or be fulfilled at any time before or after
unmarried or in widowhood. (793a) the death of the testator, unless he has provided otherwise.
Should it have existed or should it have been fulfilled at the

Article 1183. Impossible conditions, those contrary to good time the will was executed and the testator was unaware
customs or public policy and those prohibited by law shall thereof, it shall be deemed as complied with.
annul the obligation which depends upon them. If the
obligation is divisible, that part thereof which is not affected by
If he had knowledge thereof, the condition shall be considered
the impossible orunlawful condition shall be valid.
fulfilled only when it is of such a nature that it can no longer
exist or be complied with again. (796)
The condition not to do an impossible thing shall be
considered as not having been agreed upon. (1116a)
e. Effect.
Article 1034. In order to judge the capacity of the heir, devisee

or legatee, his qualification at the time of the death of the
decedent shall be the criterion.
41
TRICIA CRUZ
DLSU-LAW
In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be 3. Institution with a Term
necessary to wait until final judgment is rendered, and in the
case falling under No. 4, the expiration of the month allowed a. Kinds Art. 885, 1st par.
for the report.
Article 885. The designation of the day or time when the
If the institution, devise or legacy should be conditional, the effects of the institution of an heir shall commence or cease
time of the compliance with the condition shall also be shall be valid.
considered. (758a)
In both cases, the legal heir shall be considered as called to
Article 879. If the potestative condition imposed upon the heir the succession until the arrival of the period or its expiration.
is negative, or consists in not doing or not giving something, But in the first case he shall not enter into possession of the
he shall comply by giving a security that he will not do or give property until after having given sufficient security, with the
that which has been prohibited by the testator, and that in intervention of the instituted heir. (805)
case of contravention he will return whatever he may have
received, together with its fruits and interests. (800a) b. Effect. Arts.878, 885 2nd par.in relation to 880.
Article 880. If the heir be instituted under a suspensive Article 878. A disposition with a suspensive term does not
condition or term, the estate shall be placed under prevent the instituted heir from acquiring his rights and
administration until the condition is fulfilled, or until it becomes transmitting them to his heirs even before the arrival of the
certain that it cannot be fulfilled, or until the arrival of the term. term. (799a)
The same shall be done if the heir does not give the security Article 885. The designation of the day or time when the
required in the preceding article. (801a) effects of the institution of an heir shall commence or cease
shall be valid.
Article 881. The appointment of the administrator of the estate
mentioned in the preceding article, as well as the manner of In both cases, the legal heir shall be considered as called to
the administration and the rights and obligations of the the succession until the arrival of the period or its expiration.
administrator shall be governed by the Rules of Court. (804a) But in the first case he shall not enter into possession of the
property until after having given sufficient security, with the
Article 884. Conditions imposed by the testator upon the heirs intervention of the instituted heir. (805)
shall be governed by the rules established for conditional
obligations in all matters not provided for by this Section. Article 880. If the heir be instituted under a suspensive
(791a) condition or term, the estate shall be placed under
42
TRICIA CRUZ
DLSU-LAW
administration until the condition is fulfilled, or until it becomes Article 857. Substitution is the appointment of another heir so that he may
certain that it cannot be fulfilled, or until the arrival of the term. enter into the inheritance in default of the heir originally instituted. (n)
The same shall be done if the heir does not give the security B. Kinds of substitution.
required in the preceding article. (801a)
Article 858. Substitution of heirs may be:
4. Modal Institution. (1) Simple or common;
(2) Brief or compendious;
Article 882. The statement of the object of the institution, or the (3) Reciprocal; or
application of the property left by the testator, or the charge imposed (4) Fideicommissary. (n)
by him, shall not be considered as a condition unless it appears that
such was his intention. 1. Simple or common.
That which has been left in this manner may be claimed at once Article 859. The testator may designate one or more persons
provided that the instituted heir or his heirs give security for to substitute the heir or heirs instituted in case such heir or
compliance with the wishes of the testator and for the return of heirs should die before him, or should not wish, or should be
anything he or they may receive, together with its fruits and interests, if incapacitated to accept the inheritance.
he or they should disregard this obligation. (797a)
A simple substitution, without a statement of the cases to
Article 883. When without the fault of the heir, an institution referred to which it refers, shall comprise the three mentioned in the
in the preceding article cannot take effect in the exact manner stated preceding paragraph, unless the testator has otherwise
by the testator, it shall be complied with in a manner most analogous provided. (774)
to and in conformity with his wishes.
2. Brief or compendious.
If the person interested in the condition should prevent its fulfillment,
without the fault of the heir, the condition shall be deemed to have Article 860. Two or more persons may be substituted for one;
been complied with. (798a) and one person for two or more heirs. (778)
XVII. SUBSTITUTION OF HEIRS 3. Reciprocal.
A. Concept of substitution. Article 861. If heirs instituted in unequal shares should be

reciprocally substituted, the substitute shall acquire the share
of the heir who dies, renounces, or is incapacitated, unless it
43
TRICIA CRUZ
DLSU-LAW
clearly appears that the intention of the testator was Article 867. The following shall not take effect:
otherwise. If there are more than one substitute, they shall
have the same share in the substitution as in the institution. (1) Fideicommissary substitutions which are not made in an
(779a) express manner, either by giving them this name, or imposing
upon the fiduciary the absolute obligation to deliver the
property to a second heir;
4. Fideicommissary.
(2) Provisions which contain a perpetual prohibition to
Article 863. A fideicommissary substitution by virtue of which alienate, and even a temporary one, beyond the limit fixed
the fiduciary or first heir instituted is entrusted with the inarticle 863;
obligation to preserve and to transmit to a second heir the
whole or part of the inheritance, shall be valid and shall take (3) Those which impose upon the heir the charge of paying to
effect, provided such substitution does not go beyond one various persons successively, beyond the limit prescribed in
degree from the heir originally instituted, and provided further, article 863, a certain income or pension;
that the fiduciary or first heir and the second heir are living at
the time of the death of the testator. (781a) (4) Those which leave to a person the whole or part of the
hereditary property in order that he may apply or invest the
Article 864. A fideicommissary substitution can never burden same according to secret instructions communicated to him by
the legitime. (782a) the testator. (785a)
Article 865. Every fideicommissary substitution must be Article 868. The nullity of the fideicommissary substitution
expressly made in order that it may be valid. does not prejudice the validity of the institution of the heirs first
designated; the fideicommissary clause shall simply be
The fiduciary shall be obliged to deliver the inheritance to the considered as not written. (786)
second heir, without other deductions than those which arise
from legitimate expenses, credits and improvements, save in Article 869. A provision whereby the testator leaves to a
the case where the testator has provided otherwise. (783) person the whole or part of the inheritance, and to another the
usufruct, shall be valid. If he gives the usufruct to various
Article 866. The second heir shall acquire a right to the persons, not simultaneously, but successively, the provisions
succession from the time of the testator's death, even though of article 863 shall apply. (787a)
he should die before the fiduciary. The right of the second heir
shall pass to his heirs. (784) C. Time-limitation on inalienability.
44
TRICIA CRUZ
DLSU-LAW
Article 870. The dispositions of the testator declaring all or part of the Art. 930. The legacy or devise of a thing belonging to another person is void, if
estate inalienable for more than twenty years are void. (n) the testator erroneously believed that the thing pertained to him. But if the
thing bequeathed, though not belonging to the testator when he made the will,
XVIII. LEGACIES AND DEVISES. afterwards becomes his, by whatever title, the disposition shall take effect.
(862a)
Art. 924. All things and rights which are within the commerce of man be
bequeathed or devised. (865a) Art. 931. If the testator orders that a thing belonging to another be acquired in
order that it be given to a legatee or devisee, the heir upon whom the
Art. 925. A testator may charge with legacies and devises not only his obligation is imposed or the estate must acquire it and give the same to the
compulsory heirs but also the legatees and devisees. legatee or devisee; but if the owner of the thing refuses to alienate the same,
or demands an excessive price therefor, the heir or the estate shall only be
obliged to give the just value of the thing. (861a)
The latter shall be liable for the charge only to the extent of the value of the
legacy or the devise received by them. The compulsory heirs shall not be
liable for the charge beyond the amount of the free portion given them. (858a) Art. 932. The legacy or devise of a thing which at the time of the execution of
the will already belonged to the legatee or devisee shall be ineffective, even
though another person may have some interest therein.
Art. 926. When the testator charges one of the heirs with a legacy or devise,
he alone shall be bound.
If the testator expressly orders that the thing be freed from such interest or
encumbrance, the legacy or devise shall be valid to that extent. (866a)
Should he not charge anyone in particular, all shall be liable in the same
proportion in which they may inherit. (859)
Art. 933. If the thing bequeathed belonged to the legatee or devisee at the time
of the execution of the will, the legacy or devise shall be without effect, even
Art. 927. If two or more heirs take possession of the estate, they shall be
though it may have subsequently alienated by him.
solidarily liable for the loss or destruction of a thing devised or bequeathed,
even though only one of them should have been negligent. (n)
If the legatee or devisee acquires it gratuitously after such time, he can claim
nothing by virtue of the legacy or devise; but if it has been acquired by onerous
Art. 928. The heir who is bound to deliver the legacy or devise shall be liable in
title he can demand reimbursement from the heir or the estate. (878a)
case of eviction, if the thing is indeterminate and is indicated only by its kind.
(860)
Art. 934. If the testator should bequeath or devise something pledged or
mortgaged to secure a recoverable debt before the execution of the will, the
Art. 929. If the testator, heir, or legatee owns only a part of, or an interest in
estate is obliged to pay the debt, unless the contrary intention appears.
the thing bequeathed, the legacy or devise shall be understood limited to such
part or interest, unless the testator expressly declares that he gives the thing in
its entirety. (864a)
45
TRICIA CRUZ
DLSU-LAW
The same rule applies when the thing is pledged or mortgaged after the Art. 939. If the testator orders the payment of what he believes he owes but
execution of the will. does not in fact owe, the disposition shall be considered as not written. If as
regards a specified debt more than the amount thereof is ordered paid, the
Any other charge, perpetual or temporary, with which the thing bequeathed is excess is not due, unless a contrary intention appears.
burdened, passes with it to the legatee or devisee. (867a)
The foregoing provisions are without prejudice to the fulfillment of natural
Art. 935. The legacy of a credit against a third person or of the remission or obligations. (n)
release of a debt of the legatee shall be effective only as regards that part of
the credit or debt existing at the time of the death of the testator. Art. 940. In alternative legacies or devises, the choice is presumed to be left to
the heir upon whom the obligation to give the legacy or devise may be
In the first case, the estate shall comply with the legacy by assigning to the imposed, or the executor or administrator of the estate if no particular heir is so
legatee all rights of action it may have against the debtor. In the second case, obliged.
by giving the legatee an acquittance, should he request one.
If the heir, legatee or devisee, who may have been given the choice, dies
In both cases, the legacy shall comprise all interests on the credit or debt before making it, this right shall pass to the respective heirs.
which may be due the testator at the time of his death. (870a)
Once made, the choice is irrevocable.
Art. 936. The legacy referred to in the preceding article shall lapse if the
testator, after having made it, should bring an action against the debtor for the In the alternative legacies or devises, except as herein provided, the
payment of his debt, even if such payment should not have been effected at provisions of this Code regulating obligations of the same kind shall be
the time of his death. observed, save such modifications as may appear from the intention
expressed by the testator. (874a)
The legacy to the debtor of the thing pledged by him is understood to
discharge only the right of pledge. (871) Art. 941. A legacy of generic personal property shall be valid even if there be
no things of the same kind in the estate.
Art. 937. A generic legacy of release or remission of debts comprises those
existing at the time of the execution of the will, but not subsequent ones. (872) A devise of indeterminate real property shall be valid only if there be
immovable property of its kind in the estate.
Art. 938. A legacy or devise made to a creditor shall not be applied to his
credit, unless the testator so expressly declares. The right of choice shall belong to the executor or administrator who shall
comply with the legacy by the delivery of a thing which is neither of inferior nor
In the latter case, the creditor shall have the right to collect the excess, if any, of superior quality. (875a)
of the credit or of the legacy or devise. (837a)
46
TRICIA CRUZ
DLSU-LAW
Art. 942. Whenever the testator expressly leaves the right of choice to the heir, Art. 947. The legatee or devisee acquires a right to the pure and simple
or to the legatee or devisee, the former may give or the latter may choose legacies or devises from the death of the testator, and transmits it to his heirs.
whichever he may prefer. (876a) (881a)
Art. 943. If the heir, legatee or devisee cannot make the choice, in case it has Art. 948. If the legacy or device is of a specific and determinate thing
been granted him, his right shall pass to his heirs; but a choice once made pertaining to the testator, the legatee or devisee acquires the ownership
shall be irrevocable. (877a) thereof upon the death of the testator, as well as any growing fruits, or unborn
offspring of animals, or uncollected income; but not the income which was due
Art. 944. A legacy for education lasts until the legatee is of age, or beyond the and unpaid before the latter's death.
age of majority in order that the legatee may finish some professional,
vocational or general course, provided he pursues his course diligently. From the moment of the testator's death, the thing bequeathed shall be at the
risk of the legatee or devisee, who shall, therefore, bear its loss or
A legacy for support lasts during the lifetime of the legatee, if the testator has deterioration, and shall be benefited by its increase or improvement, without
not otherwise provided. prejudice to the responsibility of the executor or administrator. (882a)
If the testator has not fixed the amount of such legacies, it shall be fixed in Art. 949. If the bequest should not be of a specific and determinate thing, but is
accordance with the social standing and the circumstances of the legatee and generic or of quantity, its fruits and interests from the time of the death of the
the value of the estate. testator shall pertain to the legatee or devisee if the testator has expressly so
ordered. (884a)
If the testator or during his lifetime used to give the legatee a certain sum of
money or other things by way of support, the same amount shall be deemed Art. 950. If the estate should not be sufficient to cover all the legacies or
bequeathed, unless it be markedly disproportionate to the value of the estate. devises, their payment shall be made in the following order:
(879a)
(1) Remuneratory legacies or devises;
Art. 945. If a periodical pension, or a certain annual, monthly, or weekly
amount is bequeathed, the legatee may petition the court for the first (2) Legacies or devises declared by the testator to be preferential;
installment upon the death of the testator, and for the following ones which
shall be due at the beginning of each period; such payment shall not be (3) Legacies for support;
returned, even though the legatee should die before the expiration of the
period which has commenced. (880a) (4) Legacies for education;
Art. 946. If the thing bequeathed should be subject to a usufruct, the legatee or (5) Legacies or devises of a specific, determinate thing which forms a part of
devisee shall respect such right until it is legally extinguished. (868a) the estate;
47
TRICIA CRUZ
DLSU-LAW
(6) All others pro rata. (887a) renounce either. But if the testator intended that the two legacies or devises
should be inseparable from each other, the legatee or devisee must either
Art. 951. The thing bequeathed shall be delivered with all its accessories and accept or renounce both.
accessories and in the condition in which it may be upon the death of the
testator. (883a) Any compulsory heir who is at the same time a legatee or devisee may waive
the inheritance and accept the legacy or devise, or renounce the latter and
Art. 952. The heir, charged with a legacy or devise, or the executor or accept the former, or waive or accept both. (890a)
administrator of the estate, must deliver the very thing bequeathed if he is able
to do so and cannot discharge this obligation by paying its value. Art. 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
Legacies of money must be paid in cash, even though the heir or the estate shall be merged into the mass of the estate, except in cases of substitution
may not have any. and of the right of accretion. (888a)
The expenses necessary for the delivery of the thing bequeathed shall be for Art. 957. The legacy or devise shall be without effect:
the account of the heir or the estate, but without prejudice to the legitime.
(886a) (1) If the testator transforms the thing bequeathed in such a manner that it
does not retain either the form or the denomination it had;
Art. 953. The legatee or devisee cannot take possession of the thing
bequeathed upon his own authority, but shall request its delivery and (2) If the testator by any title or for any cause alienates the thing bequeathed
possession of the heir charged with the legacy or devise, or of the executor or or any part thereof, it being understood that in the latter case the legacy or
administrator of the estate should he be authorized by the court to deliver it. devise shall be without effect only with respect to the part thus alienated. If
(885a) after the alienation the thing should again belong to the testator, even if it be
by reason of nullity of the contract, the legacy or devise shall not thereafter be
Art. 954. The legatee or devisee cannot accept a part of the legacy or devise valid, unless the reacquisition shall have been effected by virtue of the
and repudiate the other, if the latter be onerous. exercise of the right of repurchase;
Should he die before having accepted the legacy or devise, leaving several (3) If the thing bequeathed is totally lost during the lifetime of the testator, or
heirs, some of the latter may accept and the others may repudiate the share after his death without the heir's fault. Nevertheless, the person obliged to pay
respectively belonging to them in the legacy or devise. (889a) the legacy or devise shall be liable for eviction if the thing bequeathed should
not have been determinate as to its kind, in accordance with the provisions of
Art. 955. The legatee or devisee of two legacies or devises, one of which is Article 928. (869a)
onerous, cannot renounce the onerous one and accept the other. If both are
onerous or gratuitous, he shall be free to accept or renounce both, or to
48
TRICIA CRUZ
DLSU-LAW
Art. 958. A mistake as to the name of the thing bequeathed or devised, is of no 2. Who are the intestate heirs?
consequence, if it is possible to identify the thing which the testator intended to
bequeath or devise. (n) Art. 961. In default of testamentary heirs, the law vests the inheritance,
in accordance with the rules hereinafter set forth, in the legitimate and
Art. 959. A disposition made in general terms in favor of the testator's relatives illegitimate relatives of the deceased, in the surviving spouse, and in
shall be understood to be in favor of those nearest in degree. (751) the State. (913a)
3. Order of and share in the in testate succession.

LEGAL OR INTESTATE SUCCESSION
Art. 962. In every inheritance, the relative nearest in degree excludes
XIX. GENERAL PROVISIONS the more distant ones, saving the right of representation when it
properly takes place.
A. In general
Relatives in the same degree shall inherit in equal shares, subject to
1. When does it take place? the provisions of article 1006 with respect to relatives of the full and
half blood, and of Article 987, paragraph 2, concerning division
Art. 960. Legal or intestate succession takes place: between the paternal and maternal lines. (912a)
(1) If a person dies without a will, or with a void will, or one which has
subsequently lost its validity; B. Right of Representation. Arts.970-977, Arts. 982, 902, 992,
1005-8.
(2) When the will does not institute an heir to, or dispose of all the
property belonging to the testator. In such case, legal succession shall Art. 970. Representation is a right created by fiction of law, by virtue of which
take place only with respect to the property of which the testator has the representative is raised to the place and the degree of the person
not disposed; represented, and acquires the rights which the latter would have if he were
living or if he could have inherited. (942a)
(3) If the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or if the heir dies before the testator, or
Art. 971. The representative is called to the succession by the law and not by
repudiates the inheritance, there being no substitution, and no right of
accretion takes place; the person represented. The representative does not succeed the person
represented but the one whom the person represented would have
(4) When the heir instituted is incapable of succeeding, except in succeeded. (n)
cases provided in this Code. (912a)
Art. 972. The right of representation takes place in the direct descending line,
but never in the ascending.
49
TRICIA CRUZ
DLSU-LAW
In the collateral line, it takes place only in favor of the children of brothers or Art. 1005. Should brothers and sisters survive together with nephews and
sisters, whether they be of the full or half blood. (925) nieces, who are the children of the descendant's brothers and sisters of the full
blood, the former shall inherit per capita, and the latter per stirpes. (948)
Art. 973. In order that representation may take place, it is necessary that the
representative himself be capable of succeeding the decedent. (n) XX. ORDER OF INTESTATE SUCCESSION
Art. 974. Whenever there is succession by representation, the division of the
A. Descending Direct Line
estate shall be made per stirpes, in such manner that the representative or
representatives shall not inherit more than what the person they represent
1. Estate of a legitimate decedent
would inherit, if he were living or could inherit. (926a)
Art. 975. When children of one or more brothers or sisters of the deceased a. Illegitimate children.
survive, they shall inherit from the latter by representation, if they survive with
their uncles or aunts. But if they alone survive, they shall inherit in equal Art. 983. If illegitimate children survive with legitimate children, the shares of
portions. (927) the former shall be in the proportions prescribed by Article 895. (n)
Art. 976. A person may represent him whose inheritance he has Art. 988. In the absence of legitimate descendants or ascendants, the
renounced.(928a) illegitimate children shall succeed to the entire estate of the deceased. (939a)
Art. 977. Heirs who repudiate their share may not be represented. (929a) Art. 989. If, together with illegitimate children, there should survive
descendants of another illegitimate child who is dead, the former shall succeed
Art. 982. The grandchildren and other descendants shall inherit by right of in their own right and the latter by right of representation. (940a)
representation, and if any one of them should have died, leaving several heirs,
the portion pertaining to him shall be divided among the latter in equal Art. 990. The hereditary rights granted by the two preceding articles to
portions. (933) illegitimate children shall be transmitted upon their death to their descendants,
who shall inherit by right of representation from their deceased
Art. 902. The rights of illegitimate children set forth in the preceding articles are grandparent. (941a)
transmitted upon their death to their descendants, whether legitimate or
illegitimate. (843a) Art. 991. If legitimate ascendants are left, the illegitimate children shall divide
the inheritance with them, taking one-half of the estate, whatever be the
Art. 992. An illegitimate child has no right to inherit abintestato from the number of the ascendants or of the illegitimate children. (942-841a)
or relatives inherit in the same manner from the illegitimate child.(943a)
50
TRICIA CRUZ
DLSU-LAW
Art. 992. An illegitimate child has no right to inherit abintestato from the Art. 990. The hereditary rights granted by the two preceding articles to
legitimate children and relatives of his father or mother; nor shall such children illegitimate children shall be transmitted upon their death to their descendants,
or relatives inherit in the same manner from the illegitimate child.(943a) who shall inherit by right of representation from their deceased
grandparent. (941a)
2. Estate of an illegitimate decedent
Art. 991. If legitimate ascendants are left, the illegitimate children shall divide
a. Legitimate children and descendant the inheritance with them, taking one-half of the estate, whatever be the
number of the ascendants or of the illegitimate children. (942-841a)
Art. 903. The legitime of the parents who have an illegitimate child, when such
Art. 992. An illegitimate child has no right to inherit abintestato from the
child leaves neither legitimate descendants, nor a surviving spouse, nor
illegitimate children, is one-half of the hereditary estate of such illegitimate
child. If only legitimate or illegitimate children are left, the parents are not
entitled to any legitime whatsoever. If only the widow or widower survives with Art. 993. If an illegitimate child should die without issue, either legitimate or
parents of the illegitimate child, the legitime of the parents is one-fourth of the illegitimate, his father or mother shall succeed to his entire estate; and if the
hereditary estate of the child, and that of the surviving spouse also one-fourth child's filiation is duly proved as to both parents, who are both living, they shall
of the estate. (n) inherit from him share and share alike. (944)
Art. 987. In default of the father and mother, the ascendants nearest in degree Art. 994. In default of the father or mother, an illegitimate child shall be
shall inherit. succeeded by his or her surviving spouse who shall be entitled to the entire
estate.
Should there be more than one of equal degree belonging to the same line
they shall divide the inheritance per capita; should they be of different lines but If the widow or widower should survive with brothers and sisters, nephews and
of equal degree, one-half shall go to the paternal and the other half to the nieces, she or he shall inherit one-half of the estate, and the latter the other
maternal ascendants. In each line the division shall be made per capita. (937) half. (945a)
Art. 988. In the absence of legitimate descendants or ascendants, the
b. Illegitimate children and descendant.
illegitimate children shall succeed to the entire estate of the deceased. (939a)
Art. 989. If, together with illegitimate children, there should survive Art. 990. The hereditary rights granted by the two preceding articles to
descendants of another illegitimate child who is dead, the former shall succeed illegitimate children shall be transmitted upon their death to their descendants,
in their own right and the latter by right of representation. (940a) who shall inherit by right of representation from their deceased
grandparent. (941a)
51
TRICIA CRUZ
DLSU-LAW
Art. 992. An illegitimate child has no right to inherit abintestato from the illegitimate children so that such widow or widower shall have one-fourth of the
legitimate children and relatives of his father or mother; nor shall such children estate, and the illegitimate children the other fourth. (841a)
Art. 1001. Should brothers and sisters or their children survive with the widow
B. Surviving Spouse. or widower, the latter shall be entitled to one-half of the inheritance and the
brothers and sisters or their children to the other half. (953, 837a)
Art. 995. In the absence of legitimate descendants and ascendants, and
Art. 1002. In case of a legal separation, if the surviving spouse gave cause for
illegitimate children and their descendants, whether legitimate or illegitimate,
the separation, he or she shall not have any of the rights granted in the
the surviving spouse shall inherit the entire estate, without prejudice to the
preceding articles. (n)
rights of brothers and sisters, nephews and nieces, should there be any, under
article 1001. (946a)
C. Ascending direct line
Art. 996. If a widow or widower and legitimate children or descendants are left,
the surviving spouse has in the succession the same share as that of each of 1. Legitimate parents and ascendant.
the children. (834a)
Art. 985. In default of legitimate children and descendants of the deceased, his
Art. 997. When the widow or widower survives with legitimate parents or parents and ascendants shall inherit from him, to the exclusion of collateral
ascendants, the surviving spouse shall be entitled to one-half of the estate, relatives. (935a)
and the legitimate parents or ascendants to the other half. (836a)
Art. 986. The father and mother, if living, shall inherit in equal shares.
Art. 998. If a widow or widower survives with illegitimate children, such widow
or widower shall be entitled to one-half of the inheritance, and the illegitimate Should one only of them survive, he or she shall succeed to the entire estate
children or their descendants, whether legitimate or illegitimate, to the other of the child. (936)
half. (n)
Art. 987. In default of the father and mother, the ascendants nearest in degree
Art. 999. When the widow or widower survives with legitimate children or their shall inherit.
descendants and illegitimate children or their descendants, whether legitimate
Should there be more than one of equal degree belonging to the same line
or illegitimate, such widow or widower shall be entitled to the same share as
they shall divide the inheritance per capita; should they be of different lines but
that of a legitimate child. (n)
of equal degree, one-half shall go to the paternal and the other half to the
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate maternal ascendants. In each line the division shall be made per capita. (937)
children are left, the ascendants shall be entitled to one-half of the inheritance,
and the other half shall be divided between the surviving spouse and the
52
TRICIA CRUZ
DLSU-LAW
2. Illegitimate parents. Art. 1009. Should there be neither brothers nor sisters nor children of brothers
or sisters, the other collateral relatives shall succeed to the estate.
Art. 993. If an illegitimate child should die without issue, either legitimate or
illegitimate, his father or mother shall succeed to his entire estate; and if the The latter shall succeed without distinction of lines or preference among them
child's filiation is duly proved as to both parents, who are both living, they shall by reason of relationship by the whole blood. (954a)
inherit from him share and share alike. (944)
Art. 1010. The right to inherit abintestato shall not extend beyond the fifth
degree of relationship in the collateral line. (955a)
D. Collateral line.
E. The State.
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a
Art. 1011. In default of persons entitled to succeed in accordance with the
surviving spouse, the collateral relatives shall succeed to the entire estate of
provisions of the preceding Sections, the State shall inherit the whole
the deceased in accordance with the following articles. (946a)
estate.(956a)
Art. 1004. Should the only survivors be brothers and sisters of the full blood,
Art. 1012. In order that the State may take possession of the property
they shall inherit in equal shares. (947)
mentioned in the preceding article, the pertinent provisions of the Rules of
Art. 1005. Should brothers and sisters survive together with nephews and Court must be observed. (958a)
nieces, who are the children of the descendant's brothers and sisters of the full
Art. 1013. After the payment of debts and charges, the personal property shall
blood, the former shall inherit per capita, and the latter per stirpes. (948)
be assigned to the municipality or city where the deceased last resided in the
Art. 1006. Should brother and sisters of the full blood survive together with Philippines, and the real estate to the municipalities or cities, respectively, in
brothers and sisters of the half blood, the former shall be entitled to a share which the same is situated.
double that of the latter. (949)
If the deceased never resided in the Philippines, the whole estate shall be
Art. 1007. In case brothers and sisters of the half blood, some on the father's assigned to the respective municipalities or cities where the same is located.
and some on the mother's side, are the only survivors, all shall inherit in equal
Such estate shall be for the benefit of public schools, and public charitable
shares without distinction as to the origin of the property. (950)
institutions and centers, in such municipalities or cities. The court shall
Art. 1008. Children of brothers and sisters of the half blood shall succeed per distribute the estate as the respective needs of each beneficiary may warrant.
capita or per stirpes, in accordance with the rules laid down for the brothers
The court, at the instance of an interested party, or on its own motion, may
and sisters of the full blood. (915)
order the establishment of a permanent trust, so that only the income from the
property shall be used. (956a)
53
TRICIA CRUZ
DLSU-LAW
Art. 1014. If a person legally entitled to the estate of the deceased appears In case of money or fungible goods, if the share of each heir is not earmarked,
and files a claim thereto with the court within five years from the date the there shall be a right of accretion. (983a)
property was delivered to the State, such person shall be entitled to the
possession of the same, or if sold the municipality or city shall be accountable Art. 1019. The heirs to whom the portion goes by the right of accretion take it
to him for such part of the proceeds as may not have been lawfully spent. (n) in the same proportion that they inherit. (n)
PROVISIONS COMMON TO TESTATE AND INTESTATE Art. 1020. The heirs to whom the inheritance accrues shall succeed to all the
SUCCESSION rights and obligations which the heir who renounced or could not receive it
would have had. (984)
XXI. Right of Accretion
B. In legal succession.
A. Concept.
Art. 1018. In legal succession the share of the person who repudiates the
inheritance shall always accrue to his co-heirs. (981)
Art. 1015. Accretion is a right by virtue of which, when two or more persons
are called to the same inheritance, devise or legacy, the part assigned to the
one who renounces or cannot receive his share, or who died before the C. Compulsory succession.
testator, is added or incorporated to that of his co-heirs, co-devisees, or co-
legatees. (n) Art. 1021. 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
Art. 1016. In order that the right of accretion may take place in a testamentary and to a stranger.
succession, it shall be necessary:
Should the part repudiated be the legitime, the other co-heirs shall succeed to
(1) That two or more persons be called to the same inheritance, or to the same it in their own right, and not by the right of accretion. (985)
portion thereof, pro indiviso; anD
D. Testamentary.
(2) That one of the persons thus called die before the testator, or renounce the
inheritance, or be incapacitated to receive it. (928a) Art. 1022. In testamentary succession, when the right of accretion does not
take place, the vacant portion of the instituted heirs, if no substitute has been
Art. 1017. The words "one-half for each" or "in equal shares" or any others designated, shall pass to the legal heirs of the testator, who shall receive it
which, though designating an aliquot part, do not identify it by such description with the same charges and obligations. (986)
as shall make each heir the exclusive owner of determinate property, shall not
exclude the right of accretion.
54
TRICIA CRUZ
DLSU-LAW
Art. 1023. Accretion shall also take place among devisees, legatees and Art. 1082. Every act which is intended to put an end to indivision among co-
usufructuaries under the same conditions established for heirs. (987a) heirs and legatees or devisees is deemed to be a partition, although it should
purport to be a sale, and exchange, a compromise, or any other
XXII. PARTITION AND DISTRIBUTION OF THE ESTATE transaction. (n)
A. Partition. Art. 1083. Every co-heir has a right to demand the division of the estate unless
the testator should have expressly forbidden its partition, in which case the
Art. 1078. Where there are two or more heirs, the whole estate of the decedent period of indivision shall not exceed twenty years as provided in article 494.
is, before its partition, owned in common by such heirs, subject to the payment This power of the testator to prohibit division applies to the legitime.
of debts of the deceased. (n)
Even though forbidden by the testator, the co-ownership terminates when any
Art. 1079. Partition, in general, is the separation, division and assignment of a of the causes for which partnership is dissolved takes place, or when the court
thing held in common among those to whom it may belong. The thing itself finds for compelling reasons that division should be ordered, upon petition of
may be divided, or its value. (n) one of the co-heirs. (1051a)
Art. 1080. Should a person make partition of his estate by an act inter vivos, or Art. 1084. Voluntary heirs upon whom some condition has been imposed
by will, such partition shall be respected, insofar as it does not prejudice the cannot demand a partition until the condition has been fulfilled; but the other
legitime of the compulsory heirs. co-heirs may demand it by giving sufficient security for the rights which the
former may have in case the condition should be complied with, and until it is
A parent who, in the interest of his or her family, desires to keep any known that the condition has not been fulfilled or can never be complied with,
agricultural, industrial, or manufacturing enterprise intact, may avail himself of the partition shall be understood to be provisional. (1054a)
the right granted him in this article, by ordering that the legitime of the other
children to whom the property is not assigned, be paid in cash. (1056a) Art. 1085. In the partition of the estate, equality shall be observed as far as
possible, dividing the property into lots, or assigning to each of the co-heirs
Art. 1081. A person may, by an act inter vivos or mortis causa, intrust the mere things of the same nature, quality and kind. (1061)
power to make the partition after his death to any person who is not one of
the co-heirs. Art. 1086. Should a thing be indivisible, or would be much impaired by its
being divided, it may be adjudicated to one of the heirs, provided he shall pay
The provisions of this and of the preceding article shall be observed even the others the excess in cash.
should there be among the co-heirs a minor or a person subject to
guardianship; but the mandatary, in such case, shall make an inventory of the Nevertheless, if any of the heirs should demand that the thing be sold at public
property of the estate, after notifying the co-heirs, the creditors, and the auction and that strangers be allowed to bid, this must be done. (1062)
legatees or devisees. (1057a)
55
TRICIA CRUZ
DLSU-LAW
Art. 1087. In the partition the co-heirs shall reimburse one another for the heirs, but if any one of them should be insolvent, the other co-heirs shall be
income and fruits which each one of them may have received from any liable for his part in the same proportion, deducting the part corresponding to
property of the estate, for any useful and necessary expenses made upon the one who should be indemnified.
such property, and for any damage thereto through malice or neglect. (1063)
Those who pay for the insolvent heir shall have a right of action against him for
Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before reimbursement, should his financial condition improve. (1071)
the partition, any or all of the co-heirs may be subrogated to the rights of the
purchaser by reimbursing him for the price of the sale, provided they do so Art. 1094. An action to enforce the warranty among heirs must be brought
within the period of one month from the time they were notified in writing of the within ten years from the date the right of action accrues. (n)
sale by the vendor. (1067a)
Art. 1095. If a credit should be assigned as collectible, the co-heirs shall not be
Art. 1089. The titles of acquisition or ownership of each property shall be liable for the subsequent insolvency of the debtor of the estate, but only for his
delivered to the co-heir to whom said property has been adjudicated. (1065a) insolvency at the time the partition is made.
Art. 1090. When the title comprises two or more pieces of land which have The warranty of the solvency of the debtor can only be enforced during the five
been assigned to two or more co-heirs, or when it covers one piece of land years following the partition.
which has been divided between two or more co-heirs, the title shall be
Co-heirs do not warrant bad debts, if so known to, and accepted by, the
delivered to the one having the largest interest, and authentic copies of the title
distributee. But if such debts are not assigned to a co-heir, and should be
shall be furnished to the other co-heirs at the expense of the estate. If the
collected, in whole or in part, the amount collected shall be distributed
interest of each co-heir should be the same, the oldest shall have the
proportionately among the heirs. (1072a)
title.(1066a)
Art. 1096. The obligation of warranty among co-heirs shall cease in the
B. Effects of Partition. following cases:
Art. 1091. A partition legally made confers upon each heir the exclusive (1) When the testator himself has made the partition, unless it appears, or it
ownership of the property adjudicated to him. (1068) may be reasonably presumed, that his intention was otherwise, but the
legitime shall always remain unimpaired;
Art. 1092. After the partition has been made, the co-heirs shall be reciprocally
bound to warrant the title to, and the quality of, each property (2) When it has been so expressly stipulated in the agreement of partition,
adjudicated.(1069a) unless there has been bad faith;
Art. 1093. The reciprocal obligation of warranty referred to in the preceding (3) When the eviction is due to a cause subsequent to the partition, or has
article shall be proportionate to the respective hereditary shares of the co- been caused by the fault of the distributee of the property. (1070a)
56
TRICIA CRUZ
DLSU-LAW
C. Rescission and Nullity of Partition. partition shall be completed by the distribution of the objects or securities
which have been omitted. (1079a)
Art. 1097. A partition may be rescinded or annulled for the same causes as
contracts. (1073a) Art. 1104. A partition made with preterition of any of the compulsory heirs shall
not be rescinded, unless it be proved that there was bad faith or fraud on the
Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on part of the other persons interested; but the latter shall be proportionately
account of lesion, when any one of the co-heirs received things whose value is obliged to pay to the person omitted the share which belongs to him. (1080)
less, by at least one-fourth, than the share to which he is entitled, considering
the value of the things at the time they were adjudicated. (1074a) Art. 1105. A partition which includes a person believed to be an heir, but who
is not, shall be void only with respect to such person. (1081a)
Art. 1099. The partition made by the testator cannot be impugned on the
ground of lesion, except when the legitime of the compulsory heirs is thereby XXIII. EXECUTORS AND ADMINISTRATORS.
prejudiced, or when it appears or may reasonably be presumed, that the
intention of the testator was otherwise. (1075) Art. 1058. All matters relating to the appointment, powers and duties of
executors and administrators and concerning the administration of estates of
Art. 1100. The action for rescission on account of lesion shall prescribe after deceased persons shall be governed by the Rules of Court. (n)
four years from the time the partition was made. (1076)
Art. 1059. If the assets of the estate of a decedent which can be applied to the
Art. 1101. The heir who is sued shall have the option of indemnifying the payment of debts are not sufficient for that purpose, the provisions of Articles
plaintiff for the loss, or consenting to a new partition. 2239 to 2251 on Preference of Credits shall be observed, provided that the
expenses referred to in Article 2244, No. 8, shall be those involved in the
Indemnity may be made by payment in cash or by the delivery of a thing of the administration of the decedent's estate. (n)
same kind and quality as that awarded to the plaintiff.
Art. 1060. A corporation or association authorized to conduct the business of a
If a new partition is made, it shall affect neither those who have not been trust company in the Philippines may be appointed as an executor,
prejudiced nor those have not received more than their just share. (1077a) administrator, guardian of an estate, or trustee, in like manner as an individual;
but it shall not be appointed guardian of the person of a ward. (n)
Art. 1102. An heir who has alienated the whole or a considerable part of the
real property adjudicated to him cannot maintain an action for rescission on RULE 87: ACTIONS BY AND AGAINST EXECUTORS AND
the ground of lesion, but he shall have a right to be indemnified in ADMINISTRATORS
cash. (1078a)
Sec. 1. Actions which may and which may not be brought against executor or
Art. 1103. The omission of one or more objects or securities of the inheritance administrator. - No action upon a claim for the recovery of money or debt or
shall not cause the rescission of the partition on the ground of lesion, but the
57
TRICIA CRUZ
DLSU-LAW
interest thereon shall be commenced against the executor or administrator; but

actions to recover real or personal property, or an interest therein, from the
estate, or to enforce a lien thereon, and actions to recover damages for an
injury to person or property, real or personal, may be commenced against him.
RULE 86: CLAIMS AGAINST ESTATE
Sec. 5. Claims which must be filed under the notice. - If not filed, barred;
exceptions. All claims for money against the decedent, arising from contract,
express or implied, whether the same be due, not due, or contingent, all claims
for funeral expenses and expenses for the last sickness of the decedent, and
judgment for money against the decedent, must be filed within the time limited
in the notice; otherwise they are barred forever, except that they may be set
forth as counterclaims in any action that the executor or administrator may
bring against the claimants. Where an executor or administrator commences
an action, or prosecutes an action already commenced by the deceased in his
lifetime, the debtor may set forth by answer the claims he has against the
decedent, instead of presenting them independently to the court as herein
provided, and mutual claims may be set off against each other in such action;
and if final judgment is rendered in favor of the defendant, the amount so
determined shall be considered the true balance against the estate, as though
the claim had been presented directly before the court in the administration
proceedings. Claims not yet due or contingent, may be approved at their
present value.

Succession Reviewer - Atty Uribe

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Succession Reviewer - Atty Uribe

Uploaded by

Copyright:

Available Formats

1

SUCCESSION | ATTY. URIBE

SUCCESSION OUTLINE 2. As to place of execution

- An alien who makes a will in a place other than his country is

insofar as they may be permitted by this Code. Therefore, legitimes,

The father or mother of illegitimate children of the three classes mentioned,

Defects: Icasiano v. Icasiano, 11 SCRA 422

B. When may revocation be effected.

F. Doctrine of Dependent Relative Revocation A. Concept of probate

Article 1070. Wedding gifts by parents and ascendants consisting of jewelry,

Florentino v. Florentino, 40 Phil. 480 De Papa v. Camacho, 144 SCRA 281

(756, 854, 674a) XVI. INSTITUTION OF HEIRS

2. Conditional. Art. 871

Should it have existed or should it have been fulfilled at the

Article 1034. In order to judge the capacity of the heir, devisee

XVII. SUBSTITUTION OF HEIRS 3. Reciprocal.

A. Concept of substitution. Article 861. If heirs instituted in unequal shares should be

3. Order of and share in the in testate succession.

interest thereon shall be commenced against the executor or administrator; but

RULE 86: CLAIMS AGAINST ESTATE

You might also like