Civil Law and Practical Exercises Reviewer for the 2022 Bar

ART 871. The institution of an heir may be made b) When in doubt between mode or suggestion, Herein respondents are primary compulsory heirs, excluding
conditionally, or for a certain purpose or cause. SUGGESTION; secondary compulsory heirs, and preferred over concurring
compulsory heirs in the distribution of the decedent's estate. In ne,
NB: The condition may be imposed only on the free c) Condition suspends but does not obligate; Mode
Teo sta's ownership over the subject properties is not absolute. Since
portion, never on the legitime. (Art 904) obligates but does not suspend.
Teo sta owns only a portion of the subject properties, only that
Disposición captatoria — VOID 5 Legitime portion could have been, and was actually, levied upon and sold on
auction by the provincial sheri of Rizal.
ART 875. Any disposition made upon the condition that the ART 886. Legitime is that part of the testator's property
heir shall make some provision in his will in favor of the which he cannot dispose of because the law has reserved it ART 887. The following are compulsory heirs:
testator or of any other person shall be VOID. for certain heirs who are, therefore, called compulsory heirs.
1) Legitimate children and descendants, with respect
ART 879. If the potestative condition imposed upon the Manongsong v. Estimo to their legitimate parents and ascendants;
heir is negative, or consists in not doing or not giving
We nd no basis for the trial court's declaration that the sale 2) In default of the foregoing, legitimate parents and
something, he shall comply by giving a security (caucion
embodied in the Kasulatan deprived the compulsory heirs of ascendants, with respect to their legitimate children
muciana) that he will not do or give that which has been and descendants;
Guevarra of their legitimes. As opposed to a disposition inter vivos
prohibited by the testator, and that in case of contravention
by lucrative or gratuitous title, a valid sale for valuable 3) The widow or widower;
he will return whatever he may have received, together
consideration does not diminish the estate of the seller. When
with its fruits and interests. 4) Acknowledged natural children, and natural
the disposition is for valuable consideration, there is no diminution
children by legal ction;
NOTE: of the estate but merely a substitution of values, that is, the property
sold is replaced by the equivalent monetary consideration. 5) Other illegitimate children referred to in article
1) Occurs when any or all of the following are stated:
287.
a) Object of the institution;
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not
b) Application of the property left by the testator; Sps. Joaquin v. CA excluded by those in Nos. 1 and 2; neither do they exclude one
c) The charge imposed by the testator. another. xxxx
Petitioners do not have any legal interest over the properties subject
2) One practical di erence between modal and conditional of the Deeds of Sale. As the appellate court stated, petitioners' right ART 902. The rights of illegitimate children are transmitted
institution is when the condition is suspensive. In modal, to their parents' properties is merely inchoate and vests only upon upon their death to their descendants, whether legitimate or
inheritance can be immediately demanded upon giving of the their parents' death. While still living, the parents of petitioners are illegitimate.
bond, whereas in conditional, property is placed under free to dispose of their properties.
administration in the meantime. Baritua v. CA
3) Some principles: The parents of the deceased succeed ONLY when the latter dies
Raymundo v. Vda de Suarez without a legitimate descendant. On the other hand, the surviving
a) When in doubt between condition or mode, MODE;

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spouse concurs with all classes of heirs. Mere estrangement is most) LCD; Generally:
NOT a legal ground for the disquali cation of a surviving IC gets ½ of
1) Compulsory Heirs ALWAYS get at least ONE-HALF of the
spouse as an heir of the deceased spouse. one LCD.
TN: There Estate;
could be FD Only exception is an SS married in articulo mortis.
Concurrence of legitime
left.
SUMMARY OF CONCURRENCE OF LEGITIMES 2) LCD and LPA, whether concurring with other compulsory
S F heirs or not, ALWAYS get ONE-HALF of the estate.
Legend: LCD - Legitimate Children or Descendants; LPA - 899 LPA IC
S D
Legitimate Parents or Ascendants; SS - Surviving Spouse; 3) SS = 1 LCD; 1 IC = ½ of 1 LCD.
IC - Illegitimate Children; FD - Free Disposal SS only Specifically:
compulsory
Art DISTRIBUTION NOTES SS FD heir; At least 4) If an SS or IC concur with LPA, each of the former gets
living as spouse ONE-FOURTH.
888 LCD FD for 5 years.
If an SS and IC concur with LPA, IC gets ONE-FOURTH,
889 LPA FD 900 Marriage in SS gets ONE-EIGHTH.
articulo mortis 5) If SS and IC concur, each gets ONE-THIRD.
If 2 or more AND testator
LCD, SS gets SS (⅓) FD died within 3 6) If IPA and SS concur, each gets ONE-FOURTH.
SS
892 LCD FD equal to months from
(At most) Determination or computation
legitime of one marriage, SS
LCD. 1/3 ART 908. NET HEREDITARY ESTATE =
893 LPA SS FD 901 IC FD PROPERTY LEFT — DEBTS and CHARGES +
COLLATIONABLE DONATIONS
894 IC (⅓) SS (⅓) FD (⅓) If only IPA as
compulsory ART 909. Donations given to children shall be charged to
This assumes 1 their legitime.
heirs; If there
IC (At LCD and 1 IC. IPA FD
895 LCD FD are children
most) IC gets ½ of 903 Donations made to strangers shall be charged to free
left, IPA gets
one LCD. portion.
NOTHING.
896 LPA IC FD Order of Preference in the Hereditary Estate
IPA SS FD
1) Legitimes;
897 SS (At IC SS gets equal to
LCD TIPS AND TRICKS IN DETERMINING LEGITIME
898 most) (At legitime of one 2) Donations inter vivos;

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3) Preferred legacies and devises; at public auction at the instance of any one of the interested Representation of Disinherited Heir. The heirs of the disinherited
parties. heir can represent the latter only insofar as the legitime is concerned.
4) All other legacies and devises pro rata.
Presumptive Legitime
Cross Reference to Art 950 Requisites of a Valid Disinheritance
STEPS TO DETERMINE LEGITIMES, INOFFICIOUS
1) Art 911 applies when aside from the legacies and devises, there 1) Made in a valid will;
DONATIONS AND EXCESSIVE LEGACIES AND DEVISES
are also legitimes and donations inter vivos to be preserved. 2) Expressly made;
1) From the value of property left, SUBTRACT debts and
2) Art 950 only applies when there are no compulsory heirs and charges; 3) For a legal cause;
donations to speak of. They are paid in the following order:
2) ADD to (1) all the COLLATIONABLE DONATIONS; 4) For a true cause;
(RPSESA)
3) From the NET HEREDITARY ESTATE, determine the 5) For an existing cause;
a) Remuneratory
actual legitimes of the surviving compulsory heirs; 6) Total or complete;
b) Preferred;
4) CHARGE or IMPUTE donations; 7) Cause must be stated in the will;
c) Support
5) ADD Donations to LEGACIES and DEVISES; 8) Disinherited heir be clearly identi ed;
d) Education;
9) Not have been revoked.
6 Disinheritance
e) Speci c, Determinate things;
Grounds
f) All others pro rata; ART 918. Disinheritance without a speci cation of the cause,
TSDA = Testator, his Spouse, Descendant, Ascendant
or for a cause the truth of which, if contradicted, is not
ART 912. Reduction of Inofficious Devises proved, or which is not one of those set forth in this Code, Ground CD PA S
1) If the reduction < ½ the value of devise, it goes to the shall annul the institution of heirs insofar as it may
Guilty of an attempt of the life of the TSDA ✔ ✔ ✔
DEVISEE, but he must reimburse the compulsory heirs prejudice the person disinherited; but the devises and
of such reduction. legacies and other testamentary dispositions shall be Accused the testator, without ground, of a
2) If reduction => ½, it goes to the COMPULSORY valid to such extent as will not impair the legitime. crime for which the law prescribes ✔ ✔ ✔
HEIRS, but they must reimburse the devisee the amount ART 922. A subsequent reconciliation between the imprisonment for six years or more
equal to the Value of Devise - Reduction. o ender and the o ended person deprives the latter of the
By fraud, violence, intimidation, or undue
ART 913. If the heirs or devisees do not choose to avail right to disinherit, and renders ine ectual any disinheritance
in uence cause the testator to make a will or to ✔ ✔ ✔
themselves of the right granted by the preceding article, any that may have been made.
change one
heir or devisee who did not have such right may exercise it; Characteristic of Reconciliation. There is no special form. It may be
should the latter not make use of it, the property shall be sold express or implied. Unjusti able refusal to support ✔ ✔ ✔

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Convicted of adultery or concubinage with the Problem: A and B, legitimate children, were instituted ⅗ and ⅖ ART 950. If the estate should not be su cient to cover all
✔ ✔
spouse of the testator respectively of an estate worth P1M. A legacy of P100,000 is to be the legacies or devises, their payment shall be made in the
given to X. How much should A and B contribute? following order:
Maltreatment of the testator by word or deed ✔
Proportion Share in 1) Remuneratory legacies or devises;
Inheritance =
Free Portion of Free Legacy =
Leads a dishonorable or disgraceful life ✔ Heir P1M x
(-P250K) Portion P100K x 2) Legacies or devises declared by the testator to be
Proportion
(PFP) PFP preferential;
Civilly interdicted ✔
A 3) Legacies for support;
Loss of Parental Authority ✔ ✔ P600,000 P350,000 70% P70,000
(⅗) 4) Legacies for education;
Abandoned their children or induced to live a B 5) Legacies or devises of a speci c, determinate thing
P400,000 P150,000 30% P30,000
corrupt or immoral life, or attempted against ✔ (⅖) which forms a part of the estate;
their virtue
Remedies of Mortgagee if mortgaged property given as a devise: 6) All others pro rata.
Attempt by one of the parents against the life NB: Art 950 applies when there are only legacies and devises to
✔ a) ABANDON his security and prosecute his claim before the
of the other contend with. If there are legitimes or donations inter vivos to
probate court;
be respected, Article 911 should be applied instead.
Given cause for legal separation ✔ b) FORECLOSE the mortgage; OR
ART 957. The legacy or devise shall be without e ect:
c) RELY on the mortgage ALONE.
7 Legacies and devises 1) If the testator transforms the thing bequeathed in
When is right transmitted?
such a manner that it does not retain either the form
ART 924. All things and rights which are within the a) If SPECIFIC - from testator’s death; or the denomination it had;
commerce of man be bequeathed or devised. b) If GENERIC - from the time selection has been made, so as to 2) If the testator by any title or for any cause alienates
1. Bequeathed - personal property; Legacy ⇒ Legatee make speci c; the thing bequeathed xxxx. If after the alienation the
2. Devised - real property; Devise ⇒ Devisee c) If ALTERNATIVE - from the time choice has been made. thing should again belong to the testator, even if it be
by reason of nullity of the contract, the legacy or
Who has the duty of giving the legacies and devises? d) If ACQUIRED from a stranger - from the moment of
devise shall NOT thereafter be valid, unless the
acquisition.
GR: Estate, represented by the executor, or administrator reacquisition shall have been effected by virtue
with a will annexed. NB: A voluntary heir who predeceases the testator, or is of the exercise of the right of repurchase;
incapacitated, or repudiates, transmits NO RIGHT to his
EXC: Compulsory heirs, if duty given by the testator.
own heirs.

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and illegitimate relatives of the deceased, in the surviving his portion shall accrue to the others of the same
3) If the thing bequeathed is totally lost during the
spouse, and in the State. degree, save the right of representation when it should
lifetime of the testator, or after his death without the
heir's fault. xxxx Some Important Rules take place.

ART 959. A disposition made in general terms in favor of the 1) The right of representation takes place in the direct descending Accretion in Intestate Succession
testator's relatives shall be understood to be in favor of those line, NEVER in the ascending. (Art 972) A, B and C are legitimate children of D. X and Y
nearest in degree. 2) In the collateral line, the right of representation takes place are legitimate children of A.
only in favor of children of siblings, regardless of blood D leaves P300,000 intestate.
C Legal and Intestate Succession relationship. (Art 972)
1) If A is incapacitated, X and Y inherits
3) Siblings of full blood are entitled to DOUBLE the share of the P100K share of A by right of
General provisions; relationship and right of those of the half-blood. (Art 1006) representation.
1
representation 4) Should there be more than one ascendant of equal degree of 2) However, should A repudiate, his
When does it take place — Art 960 the same line, they shall share per capita; should they be of P100K share will go to B and C by accretion.
di erent lines but of equal degree, ½ shall go to the paternal,
1) If a person dies without a will, or with a void will, or one and the other ½ to the maternal. In each line, division shall still
which has subsequently lost its validity; be per capita. Effect of Repudiation
2) When the will does not institute an heir to, or dispose of 5) Exceptions to the rule of equal division: Suppose the estate is P1.2M. If A, B and C
all the property belonging to the testator. repudiate, how will the estate be divided?
a) In the ascending line;
In such case, legal succession shall take place only with respect ➔ W, X, Y and Z each gets P300K in his
b) Between relatives of the full and half blood;
to the property of which the testator has not disposed; OWN RIGHT.
c) In cases of representation.
3) If the suspensive condition attached to the institution of heir If only C repudiates?
does not happen or is not ful lled, or if the heir dies before
Bagunu v. Piedad ➔ A and B will each get P600K. W, X
the testator, or repudiates the inheritance, there being no
and Y are excluded because the nearer
substitution, and no right of accretion takes place; Respondent, being a relative within the third civil degree, of the late
excludes the farther; and Z is also excluded because there is
4) When the heir instituted is incapable of succeeding. Augusto H. Piedad excludes petitioner, a relative of the fth degree,
no right of representation in repudiation.
from succeeding ab intestato to the estate of the decedent.
Who are the intestate heirs Suppose A, B and C are all incapacitated or that they all
In default of testamentary heirs, the law vests the inheritance, in Relationships predeceased D?
accordance with the rules hereinafter set forth, in the legitimate ART 968. If there are several relatives of the same degree, and
one or some of them are unwilling or incapacitated to succeed,

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➔ Then their children will inherit by right of representation. Rules in Adoption Article 992, a basic postulate, enunciates what is so commonly
X and Y will share the P400K share of A; while W and Z will referred to in the rules on succession as the "principle of absolute
1) An adopted child CANNOT represent.
each inherit the P400K share of B and C respectively. separation between the legitimate family and the illegitimate family."
2) Neither may an adopted child be represented. The doctrine rejects succession ab intestato in the collateral line
Representation
between legitimate relatives, on the one hand, and illegitimate
ART 970. Representation is a right created by ction of law, Two Ways of Inheriting relatives, on other hand, although it does not totally disavow such
by virtue of which the representative is raised to the place and succession in the direct line. Since the rule is predicated on the
the degree of the person represented, and acquires the rights 1) Per stirpes or per capita;
presumed will of the decedent, it has no application, however, on
which the latter would have if he were living or if he could Per stirpes means inheritance by group, all those within the testamentary dispositions.
have inherited. group inherit in equal shares.
Right of Representation exists in case of: 2) By representation or by one’s own right.
2 Order of intestate succession
1) PREDECEASE;
2) INCAPACITY; Inheritance by Nephews and Nieces Descending direct line

3) DISINHERITANCE. ART 978. Succession pertains, in the rst place, to the

descending direct line.
NOTE
a) In testacy, the right of representation covers ONLY THE Leonardo v. CA
LEGITIME. There is no right to represent a voluntary heir.
At most, petitioner would be an illegitimate child who has no right
b) In intestacy, the right covers ALL that the person being B and C are brothers of A. A died leaving a P900,000 estate. If C to inherit ab intestato from the legitimate children and relatives of his
represented would have inherited. predecease A, divide the estate: father.
If the estate of D is P900K, A, B and C would get ➔ B gets P450K and Y and Z each gets P225K.
P300K each but A is incapacitated:
If both B and C predecease A?
Pascual v. Pascual-Bautista
a. X and Y shares the P150K legitime of A.
➔ Then X, Y and Z each gets P300K in their OWN RIGHT
The remaining P150K will go to B and C by As ruled in Diaz v. IAC, Article 992 of the Civil Code provides a
and thus inherits per capita.
accretion. barrier or iron curtain in that it prohibits absolutely a
b. X and Y thus get P75K each, while B and succession ab intestato between the illegitimate child and the
A Renouncer may Represent BUT may not be represented.
C get P375K each. legitimate children and relatives of the father or mother of said
legitimate child.
Manuel v. Ferrer
Estate of an illegitimate decedent

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ART 992. An illegitimate child has no right to inherit ab ART 1003. If there are no descendants, ascendants, illegitimate 1) Even if there is an order of intestate succession, the
intestato from the legitimate children and relatives of his father children, or a surviving spouse, the collateral relatives shall compulsory heirs are never excluded.
or mother; nor shall such children or relatives inherit in the succeed to the entire estate of the deceased in accordance 2) The nearer excludes the farther without prejudice to the
same manner from the illegitimate child. with the following articles.
right of representation.
ART 1004. Should the only survivors be brothers and sisters of 3) There is NO right of representation in the ascending line;
This article speaks of the BARRIER between the legitimate
the full blood, they shall inherit in equal shares. ONLY in the descending line.
and illegitimate families.
ART 1005. Should brothers and sisters survive together with 4) In the collateral line, the right of representation is due only
nephews and nieces, who are the children of the descendant's to children of brothers and sisters.
Ascending Direct Line
brothers and sisters of the full blood, the former shall inherit
Legitimate parents and ascendants 5) The intestate shares are either EQUAL to or GREATER
per capita, and the latter per stirpes.
than the legitime.
ART 985. In default of legitimate children and descendants of ART 1007. In case brothers and sisters of the half blood, some
6) In case of partial intestacy, the legacies and devises must be
the deceased, his parents and ascendants shall inherit from on the father's and some on the mother's side, are the only
charged PROPORTIONATELY against the intestate heirs
him, to the exclusion of collateral relatives. survivors, all shall inherit in equal shares without distinction who are given intestate shares greater than their legitimes, but
ART 986. The father and mother, if living, shall inherit in as to the origin of the property. in no case should the legitime be impaired.
equal shares. The State 7) Grandchildren ALWAYS inherit by right of
Should one only of them survive, he or she shall succeed to the ART 1011. In default of persons entitled to succeed in representation. Thus, when all children repudiate, the
entire estate of the child. accordance with the provisions of the preceding Sections, the grandchildren inherit IN THEIR OWN RIGHT, since
ART 987. In default of the father and mother, the ascendants State shall inherit the whole estate. representation is NOT PROPER.
nearest in degree shall inherit. xxxx ART 1014. If a person legally entitled to the estate of the 8) Nephews and nieces inherit:
Illegitimate parents deceased appears and les a claim thereto with the court a) By right of representation when they concur with
within ve years from the date the property was delivered aunts and uncles;
ART 994. In default of the father or mother, an illegitimate
to the State, such person shall be entitled to the possession of
child shall be succeeded by his or her surviving spouse who b) In their own right whenever they do not concur
the same, or if sold, the municipality or city shall be
shall be entitled to the entire estate. with same.
accountable to him for such part of the proceeds as may not
If the widow or widower should survive with brothers and have been lawfully spent. 9) Illegitimates of legitimates CANNOT represent because of
sisters, nephews and nieces, she or he shall inherit one-half of the BARRIER, but illegitimates or legitimates of illegitimates
the estate, and the latter the other half. CAN.
CARDINAL PRINCIPLES OF INTESTATE SUCCESSION
Collateral Line 10) There can be reserva troncal in legal succession.

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11) A renouncer CAN represent, but CANNOT be 3) Repudiation; 2 Capacity to succeed by will or by intestacy
represented. 4) If a suspensive condition is not ful lled; Determination
12) A person who cannot represent a near relative cannot also 5) If there is failure to identify one particular heir, devisee, or
represent a relative farther in degree. ART 1034. In order to judge the capacity of the heir, devisee
legatee but the others can be identi ed (ine ectiveness of
or legatee, his quali cation at the time of the death of
institution).
Provisions Common to Testate and the decedent shall be the criterion.
D
Intestate Succession 1) If EARMARKED - NO accretion;
xxxx
If the institution, devise or legacy should be conditional, the
2) If NOT EARMARKED - there can be accretion.
1 Right of Accretion time of the compliance with the condition shall also
be considered.
ART 1015. Accretion is a right by virtue of which, when two ART 1019. The heirs to whom the portion goes by the right of
or more persons are called to the same inheritance, devise or accretion take it in the same proportion that they inherit.
ART 1039. Capacity to succeed is governed by the law of the
legacy, the part assigned to the one who renounces or cannot nation of the decedent.
receive his share, or who died before the testator, is added or ART 1020. The heirs to whom the inheritance accrues shall
Who may succeed
incorporated to that of his co-heirs, co-devisees, or co-legatees. succeed to all the rights and obligations which the heir who
renounced or could not receive it would have had. ART 1025. In order to be capacitated to inherit, the heir,
In legal succession devisee or legatee must be living at the moment the
How Accretion be avoided
succession opens, except in case of representation, when it is
1) By expressly designating a substitute; ART 1018. In legal succession the share of the person who proper.
repudiates the inheritance shall ALWAYS accrue to his
2) By expressly providing that no accretion should take place. A child already conceived at the time of the death of the
co-heirs.
REQUISITES decedent is capable of succeeding provided it be born later
Compulsory succession under the conditions prescribed in article 41.
1) Unity of object;
ART 1021. Among the compulsory heirs the right of
2) Plurality of subjects; accretion shall take place only when the free portion is left to Parish Priest of Victoria v. Rigor
3) Vacant portion; two or more of them, or to any one of them and to a stranger.
The said bequest refers to the testator's nearest male relative living at
4) Acceptance. Should the part repudiated be the legitime, the other co-heirs the time of his death and not to any inde nite time thereafter.
shall succeed to it in their own right, and NOT by the right Inasmuch as the testator was not survived by any nephew who
Causes (Art 1016 par 2)
of accretion. became a priest, the unavoidable conclusion is that the bequest in
1) Predecease; question was ine ectual or inoperative.
2) Incapacity; Accretion ONLY concerns the FREE portion, NEVER the legitime.
Who are incapable of succeeding

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guardians may repudiate the inheritance left to their wards

ART 1027. The following are incapable of succeeding: a) had knowledge thereof at the time he made the will,
or only by judicial authorization.
1) The priest who heard the confession of the testator
b) if, having known of them subsequently, he should xxxx
during his last illness, or the minister of the gospel
who extended spiritual aid to him during the same condone them in writing. ART 1049. Acceptance may be express or tacit.
period; Effect of alienations by the excluded heir An express acceptance must be made in a public or private
2) The relatives of such priest or minister of the ART 1036. Alienations of hereditary property, and acts of document.
gospel within the fourth degree, the church, order, administration performed by the excluded heir, before the A tacit acceptance is one resulting from acts by which the
chapter, community, organization, or institution to judicial order of exclusion, are valid as to the third persons intention to accept is necessarily implied, or which one would
which such priest or minister may belong; who acted in good faith; but the co-heirs shall have a have no right to do except in the capacity of an heir.
3) A guardian with respect to testamentary right to recover damages from the disquali ed heir.
Acts of mere preservation or provisional administration do not
dispositions given by a ward in his favor before the
Prescription of action imply an acceptance of the inheritance if, through such acts,
nal accounts of the guardianship have been
ART 1040. The action for a declaration of incapacity and for the title or capacity of an heir has not been assumed.
approved, even if the testator should die after the
approval thereof; nevertheless, any provision made by the recovery of the inheritance, devise or legacy shall be ART 1050. An inheritance is deemed accepted:
the ward in favor of the guardian when the latter is his brought within ve (5) years from the time the
1) If the heirs sells, donates, or assigns his right to a
ascendant, descendant, brother, sister, or spouse, shall disquali ed person took possession thereof. It may be
stranger, or to his co-heirs, or to any of them;
be valid; brought by any one who may have an interest in the
succession. 2) If the heir renounces the same, even though
4) Any attesting witness to the execution of a will, gratuitously, for the bene t of one or more of his
the spouse, parents, or children, or any one claiming 3 Acceptance and repudiation of inheritance co-heirs;
under such witness, spouse, parents, or children;
ART 1041. The acceptance or repudiation of the 3) If he renounces it for a price in favor of all his co-heirs
5) Any physician, surgeon, nurse, health o cer or inheritance is an act which is purely voluntary and free. indiscriminately; but if this renunciation should be
druggist who took care of the testator during his last gratuitous, and the co-heirs in whose favor it is made
illness;
ART 1042. The e ects of the acceptance or repudiation shall
are those upon whom the portion renounced should
always retroact to the moment of the death of the decedent.
6) Individuals, associations and corporations not devolve by virtue of accretion, the inheritance shall
permitted by law to inherit. ART 1044. Any person having the free disposal of his property NOT be deemed as accepted.
may accept or repudiate an inheritance. ART 1051. The repudiation of an inheritance shall be made
ART 1033. The cause of unworthiness shall be without
effect if the testator Any inheritance left to minors or incapacitated persons in a public or authentic instrument, or by petition
may be accepted by their parents or guardians. Parents or presented to the court having jurisdiction over the
testamentary or intestate proceedings.

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ART 1052. If the heir repudiates the inheritance to the inheritance of their wards without judicial approval. This is ART 1080. Should a person make partition of his estate by an
prejudice of his own creditors, the latter may petition the because repudiation amounts to an alienation of property which act inter vivos, or by will, such partition shall be respected,
court to authorize them to accept it in the name of the heir. must pass the court's scrutiny in order to protect the interest of the insofar as it does not prejudice the legitime of the compulsory
ward. Not having been judicially authorized, the Release and Waiver heirs.
xxxx
of Claim in the instant case is VOID and will not bar private
A parent who, in the interest of his or her family, desires to
ART 1053. If the heir should die without having accepted or respondents from asserting their rights as heirs of the deceased.
keep any agricultural, industrial, or manufacturing
repudiated the inheritance his right shall be transmitted to
enterprise intact, may avail himself of the right granted
his heirs.
him in this article, by ordering that the legitime of the other
ART 1055. If a person, who is called to the same inheritance as 4 Partition and distribution of the estate
children to whom the property is not assigned, be paid in
an heir by will and ab intestato, repudiates the inheritance in ART 1078. Where there are two or more heirs, the whole estate cash.
his capacity as a testamentary heir, he is understood to of the decedent is, before its partition, owned in common by ART 1081. A person may, by an act inter vivos or mortis causa,
have repudiated it in both capacities. such heirs, subject to the payment of debts of the deceased. intrust the mere power to make the partition after his death to
Should he repudiate it as an intestate heir, without any person who is not one of the co-heirs.
knowledge of his being a testamentary heir, he may still For a partition to be valid, the following must concur:
accept it in the latter capacity.
1) Decedent left no will; Mandatary is the person entrusted to make the partition and
ART 1056. The acceptance or repudiation of an inheritance, should not be a co-heir. His partition may be approved or rejected
2) Decedent left no debts, or if there were debts left all had been
once made, is irrevocable, and cannot be impugned, except by the heirs.
paid;
when it was made through any of the causes that vitiate If rejected, the probate court decides.
consent, or when an unknown will appears. Presumed NO debts if within 2 years from death, no
creditor has petitioned for letters of administration.
ART 1057. Within thirty days after the court has issued an ART 1083. Every co-heir has a right to demand the division of
order for the distribution of the estate xxxx, the heirs, devisees 3) The heirs and liquidators are of age, or duly represented if
the estate unless the testator should have expressly forbidden
and legatees shall signify to the court having jurisdiction minors;
its partition, in which case the period of indivision shall not
whether they accept or repudiate the inheritance. 4) Partition was made by means of a public instrument or exceed twenty years as provided in article 494. This power
If they do not do so within that time, they are deemed to a davit duly registered with the Register of Deeds. of the testator to prohibit division applies to the legitime.
have accepted the inheritance.
xxxx.
ART 1079. Partition, in general, is the separation, division and
Guy v. CA assignment of a thing held in common among those to whom
Requisites for Legal Redemption by Co-heirs
Parents and guardians may not therefore repudiate the it may belong. The thing itself may be divided, or its value.
1) At least 2 heirs;

By RGL 80 of 245