Legitime Net Hereditary Estate Charging of Donation Inter Vivos

Art 908. To determine the legitime, the value of the property left at Art 909. Donations given to children shall be charged to their
Non-Impairment of Legitimes the death of the testator shall be considered, after deducting all legitime.
Art 904. The testator cannot deprive his compulsory heirs of their debts and charges, which shall not include those imposed in the
legitime, except in cases expressly specified by law. will. Donations made to strangers shall be charged to the part of the
estate which the testator could have disposed by last will.
Neither can he impose upon the same any burden, encumbrance, To the net value of the hereditary estate, shall be added to the value
condition or substitution of any kind whatsoever. of all donations by the testator that are subject to collation, at the Insofar as they may be inofficious or may exceed the disposable
time he made them. portion, they shall be reduced according to the rules established by
this Code.
It is the law and not the testator which determines the transmission of
legitimes. The only instance which allows the testator to deprive the Vizconde v Court of Appeals Art 910. Donations which an illegitimate child may have received
compulsory heir of legitime is disinheritance. Estellita is one of the children of Rafael. She bought from her father the during the lifetime of his father or mother, shall be charged to his
Valenzuela property which was she subsequently sold. Proceeds of legitime.
GENERAL RULE: The testator is devoid of power to impose burden the sale of such property was used to purchase Paranaque Property.
on legitimes. Estellita died and left her spouse, Lauro as only heir. Should they exceed the portion that can be freely disposed of, they
EXCEPT: shall be reduced in the manner prescribed by this Code.
(1) Qualifications; Rafael also died, leaving his children, grandchildren and spouse as
a. A parent who desires to keep agricultural, heir. Ramon, one of his children, moved for collation of the property of
industrial or manufacturing enterprise intact Rafael including the Paranaque Property, the car and the balance (1) Donation inter vivos to compulsory heirs shall be imputed
may order that the legitime of the other children which was bought and earned by Estellita from the proceeds of to his legitime – considered as an advance.
to whom the property is not assigned be paid in Valenzuela property. o Applies also to ascendants;
cash. o Does not apply to surviving spouse except in
b. Express prohibition of the testator to partition The Court held that such property must not be collated.Collation is the cases of donation propter nuptias and
an estate, which must not exceed twenty years. act of bringing into common mass the property which the descendants moderate gifts.
(2) Restrictions on legitimes: or other forced heirs received from a decedent, so that the division may o EXCEPTION: This rule does not apply if the
a. Family home – cannot be partitioned as long as be made according to law and the will of the testator. It only includes donor provided otherwise.
there is a minor beneficiary unless the court property or rights received by compulsory heirs by donation or o In such cases, the donation will be
finds a compelling reason therefor. gratuitous title during the lifetime of the decedent. imputed to the disposable portion.
b. Reserva truncal. (1) Lauro is not one of Rafael’s forced heir; (2) Donation to strangers –
(2) The probate court has no authority to rule on the validity of o Strangers are anyone who does not succeed
Renunciation of Legitime the sale of the Valenzuela property. as compulsory heir.
Art 905. Every renunciation or compromise as regards a future (3) There is no impairment of legitime. In order to effect o Necessarily imputed to disposable portion.
legitime between the persons owing it and his compulsory heirs are collation, the plaintiffs must prove that the donation
void, and the latter may claim the same upon the death of the received by the defendants were inofficious in whole or in (3) Donation to illegitimate child –
former; but they must bring to collation whatever they may have part and prejudiced his legitime or hereditary portion. o Charged to legitime
received by virtue of the renunciation or compromise. (4) Collation of Paranaque property has no legal basis. The o If exceeds the free portion, it shall be reduced.
order of collation presupposes that the Paranaque property
was conveyed gratuitously – contrary to facts. Method of Reduction when Legitimes Impaired
Any property which the compulsory heir may have gratuitously (5) In any case, Rafael recovered the value more than the Art 911. After the legitime has been determined in accordance with
received from his predecessor by virtue of renunciation or compromise Valenzuela property when Lauro executed Extra-Judicial the three preceding articles, the reduction shall be made as follows:
will be considered an advance on his legitime and must be duly Settlement of the Estate of Estellita. (1) Donations shall be respected as long as the
credited. legitime can be covered, reducing or annulling, if
Computation of Net Hereditary Estate necessary, devises or legacies made in the will.
Completion of Legitime (1) Inventory of all existing assets – (2) The reduction of the devises or legacies shall be pro
Art 906. Any compulsory heir tow whom the testator has left by any a. Appraisal and valuation of existing assets at rata, without any distinction whatsoever.If the testator
title less than the legitime belonging to him may demand that the the time of decedent’s death/ has directed that a certain devise or legacy be paid in
same be fully satisfied. b. Includes only properties that survive the preference to others, it shall not suffer reduction until
decedent (not extinguished by death). the latter have been applied in full to the payment of the
c. The value constitutes gross assets. legitime.
GENERAL RULE: Anything that the compulsory heir receives (2) Deducting unpaid debts and charges – (3) If the devise or legacy consist of usufruct or life annuity,
gratuitously from the decedent is considered an advance on legitime a. All unpaid obligations of the decedent should whose value may be considered greater than that of the
and is deducted therefrom. be deducted from the gross assets. disposable portion, the compulsory heirs may choose
EXCEPT: b. Only those obligations with monetary value between complying with the testamentary provision and
(1) When the predecessor gave the compulsory heir a which are not extinguished by death are delivering to the devisee or legatee the part of the
donation inter vivos and provided and provided that it was considered. inheritance of which the testator could freely dispose.
not be charged against the legitime; and c. The difference between the gross assets and
(2) The testamentary disposition made by the predecessor to unpaid obligations will be available assets.
the compulsory heir. (3) Adding the value of donation inter vivos – Order of Priority
o Unless the testator provides that it should be a. Available assets added all inter vivos (1) Reduce non-preferred legacies and devises and
considered part of the legitime. donations made by decedent. testamentary disposition.
b. Donation inter vivos are valued at the time o Among legacies, devises and testamentary
Reduction of Inofficious Testamentary Disposition they were made. dispositions, there is no preference.
Art 907. Testamentary disposition that impair or diminish the c. Sum off all available assets and all the donation (2) Reduce pro rata the preferred legacies and devises.
legitime of the compulsory heirs shall be reduced on petition of the inter vivos is the net hereditary estate. (3) Reduce the donation inter vivos according to the inverse
same in so far as they may be inofficious or excessive. order of their dates.
Reduction of Indivisible Devise (2) Intestate portion; and Imposed with principal penalties of reclusion
Art 912. If the devise subject to reduction should consist of real (3) Testamentary disposition made in a prior will of the perpetua and reclusion temporal.
property, which cannot be conveniently divided, it shall go to the disinheriting testator.
devisee if the reduction does not absorb one-half of its value; and Causes for Disinheritance of Parents and Ascendants
in a contrary case, to the compulsory heirs; but the former and the Ineffective Disinheritance (Art 918) Art 920. The following shall be sufficient causes for the disinheritance
latter shall reimburse each other in cash for what respectively (1) Disinheritance without specification of cause; of parents or ascendants, whether legitimate or illegitimate:
belongs to them. (2) Specification of cause not proved; or (1) When the parents have abandoned their children or
(3) Specified cause not set forth in the Code. induced their daughters to live a corrupt or immoral life or
The devisee who is entitled to a legitime may retain the entire attempted against their virtue.
property provided its value does not exceed that of the disposable o Legal Effects of Ineffective Disinheritance Abandonment
portion and of the share pertaining to him as legitime. If the testator gave away the free portion through (1) Includes conduct constituting total refusal
testamentary dispositions – the heir improperly or failure to care for the child.
Art 913. If the heirs or devisees do not choose to avail themselves disinherited gets only his legitime; (2) Complete withholding of love, case, and
of the right granted by the preceding article, any heir or devisee If there is no testamentary disposition as regards the opportunity to display maternal affection.
who did not have such right may exercise it; should the latter not free portion – heir is entitled to free portion as well. (3) Denial of support and maintenance.
make use of it, the property shall be sold at public auction at the Inducement to live a corrupt or immoral life
instance of any one of the interested parties. Causes for Disinheritance of Children and Descendants (1) Art 231 (2) of the family code –
Art 919. The following shall be sufficient causes of disinheritance of Attempt against virtue –
children and descendants, legitimate as well as illegitimate: o conviction is not required.
This covers cases where (1) the devise has to reduces and (2) the thing (1) When a child or descendant has been found guilty of an (2) When the parent or ascendant has been convicted of an
given as a devise in indivisible. attempt against the life of the testator, his or her spouse, attempt against the life of the testator, his or her spouse,
(1) If the extent of reduction is less than ½ - given to devisee; descendants or ascendants; descendants or ascendants.
(2) If reduction is ½ or more – given to compulsory heir. Attempt is used non-technically, and is not (3) When the parent or ascendant has accused the testator of
(3) In both cases, there must be pecuniary reimbursement limited to attempted stage of felony. a crime for which the law prescribed imprisonment for six
(4) In case no one elects right – years or more, if the accusation is found to be false.
o Any other heir may acquire the thing after (2) When a child or descendant has accused the testator of a (4) When the parent or ascendant has been convicted of
paying each parties their respective share. crime for which the law prescribes imprisonment for six adultery or concubinage with the spouse of the testator;
o If no heir elects to acquire it, sold at a public years and more, if the accusation has been found (5) When the parent or ascendant, by fraud, violence,
auction. groundless; intimidation or undue influence causes the testator to make
Accused is used generically and includes the a will or to change one already made;
Art 914. The testator may devise and bequeath the free portion as filing of the complaint before the prosecutor. (6) The loss of parental authority for causes specified in this
he may deem fit. The crime imputed upon the testator must carry code.
a penalty of at least six years; Judicial deprivation of authority on ground of
Disinheritance The testator must be acquitted; sexual abuse;
The accusation must be found groundless – the Judicial declaration of abandonment.
Art 915. A compulsory heir may, in consequence of disinheritance, acquittal must state the there is no crime Other grounds;
be deprived of his legitime for causes expressly stated by law. committed or that the testator did not commit o Harsh or cruel treatment of the child
such crime [not acquittal based on reasonable o Giving child corruption orders,
Art 916. Disinheritance can be effected only through a will wherein doubt]. counsel or example;
the legal cause therefor shall be specified. (3) When a child or descendant has been convicted of adultery o Subjecting the child to acts of
or concubinage with the spouse of the testator; lasciviousness.
Art 917. The burden of proving the truth of the cause shall rest upon Final conviction is required (7) The refusal to support the children or descendants without
the other heirs of the testator, if the disinherited heir should deny it. (4) When a child or descendant, by fraud, violence, justifiable cause;
intimidation, or undue influence causes the testator to (8) An attempt by one of the parents against the life of the
Art 918. Disinheritance without specification of the cause, or for a make a will or to change one already made; other, unless there has been a reconciliation between
cause the truth of which, if contradicted, is not proved, or which is (5) A refusal without justifiable cause to support the parent or them.
not one of those set forth in this Code, shall annul the institution of ascendant who disinherits such child or descendant; No conviction required.
heirs insofar as it may prejudice the person disinherited; bit the Need and demand for support;
devises and legacies and other testamentary dispositions shall be Unjustifiably refused. Causes for Disinheritance of Spouses
valid to such extent as will not impair the legitime. Refusal may be justified if; Art 921. The following shall be sufficient causes for disinheriting a
o The obligor does not have spouse:
resources for all; (1) When the spouse has been convicted of an attempt against
Requisites for valid disinheritance: o Ascendants are only third in the the life of the testator, his or her descendants or
(1) It must be made in a will; hierarchy of preference among ascendants;
(2) It must be for a cause specified by law (Art 919-921); claimants of support. (2) When the spouse has accused the testator of a crime for
(3) The will must specify the cause (Art 916 and 918); (6) Maltreatment of the testator by word or deed, by the child which the law prescribes imprisonment for six years and
(4) It must be unconditional; or descendant; more, if the accusation has been found to be false;
(5) It must be total; The deed or words must be of serious nature. (3) When the spouse, by fraud, violence, intimidation, or undue
(6) The cause must be true (Art 918); No conviction is required. influence causes the testator to make a will or to change
(7) If the truth of the cause is denied, it must be proved by the (7) When a child or descendant leads a dishonorable or one already made;
proponent (Art 917) disgraceful life; (4) When the spouse has given cause for legal separation;
There must be habitual conduct; Decree of legal separation is not required;
Effect of Disinheritance May be sexual, livelihood, acts contrary to Causes of legal separation:
Deprivation of legitime and total exclusion of the disinherited heir from civilized values recognized by society. o Repeated physical violence
inheritance. Thus, the disinherited heir forfeits: (8) Conviction of a crime which carries with it the penalty of o Physical violence or moral
(1) His legitime; civil interdiction. pressure to change religion or
political affiliation
 o Attempt to corrupt spouse or
common child to prostitution
o Imprisonment of more than six
years, even if pardoned
o Drug addiction and habitual
alcoholism
o Lesbianism or homosexuality
o Bigamy
o Sexual infidelity
o Attempt against the life of spouse
o Abandonment
(5) When the spouse has given grounds for the loss of parental
authority;
Actual loss or parental authority is required
(6) Unjustifiable refusal to support the children or the other
spouse.

Reconciliation
Art 922. A subsequent reconciliation between the offender and the
offended person deprives the latter of the right to disinherit and
renders ineffectual any disinheritance that may have been made.

Defined
Am express pardon extended by the testator to the offending heir or
the unequivocal conduct of the testator towards the offending heir
which reveals the intent to forgive.
A. By express pardon – expressly and concretely extended to
the offender who accepts it.
B. Conduct – intent to forgive is clear; resolved by courts

Effects of Reconciliation
A. Before disinheritance – right to disinherit is extinguished;
B. After disinheritance – disinheritance is set aside.
The disinherited heir is restored of legitime;
The disinherited heir is entitled to the
proportionate share of disposable portion in
case of intestacy;
The disinheriting will or subsequent wills shall
remain valid.

Right of Representation in Disinheritance

Extent
o Granted only to descendants of disinherited descendants.
If the disinherited heir is the ascendant, there is
no right to representation.
o The representative only takes the place of the disinherited
heir only with respect to the legitime and to intestate portion
Occurs only in compulsory or intestate
succession, not testamentary.

Disinherited Parents
o The disinherited parent shall not have the usufruct or
administration of the property which constitutes the
legitime.