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III. Succession 2. Legatee- If the property is given is personal property

A. General Provision ( Article 774 -780) 3. Devisee or legatee- if both the properties are real and
Definition: A mode of acquisition by virtue of which the property, personal.
rights and obligation to the extent of the value of inheritance of a
person are transmitted through his death to another or others HEIR- even if there is no will DEVISEE/ Legatee- they
either by will or operation of law. he or she succeeds to an receive properties by virtue
inheritance of the wil
NATURE AND INCIDENTS OF TRANSACTION: Represents a judicial Does not represent the
1. Derivative mode of acquiring and transmitting personality of the deceased personality of the deceased
ownership and other real rights over the property. so that he acquires not only regardless of the quantity or
2. Takes place at the time of the death of the decedent or the property and rights but value of the devisee
deceased person. also his obligations not
3. Takes place by will or operation of law. extinguished by death but
4. The heirs acquire the right to succession from the only to the extent of the
moment of the death of the deceased. value of his inheritance
Q: When does succession occur? Inherits an indeterminate Succeeds to a determinate
A: From the moment of the death of person or the decedent quantity of inheritance the thing or amount
Kinds of Death: value of which cannot be
1. Actual determined or fixed until the
2. Presumed inheritance is liquidated
a. An absentee disappeared after the age of can be acquired through may only be acquired by
75 years an absence of only five years is testate or intestate testate succession
enough for succession to open succession or both
b. If the absentee disappears in circumstance Succeeds to the inheritance Succeeds by reason of the
when there is a danger of death : four years regardless or in the absence testator’s will
c. The absentee is presumed dead after the of the will of the decedent
absence of ten years. Succeeds by a general right Succeeds by a special or
particular title
Inheritance vs Succession: Succeeds by operation of law may be a relative or not .
1. Inheritance : Property, rights and obligation of the must e a relative
decedent which are transmitted to his heirs upon
death
Prior to the filing of the administrative proceeding the heirs
2. Succession: This is mode of acquiring ownership
have a legal personality to ring a suit on behalf of the estate of
the decedent in accordance with the provision of the CC which
Parties:
states that the rights of succession are transmitted from the
1. Decedent: A deceased person who is the source of the
moment of death to the decedent.
hereditary property or estate that is to be distributed
whether there may be a will or not.
a. Testate ( Will) : Testator or testatrix Exception:
b. Operation of law. 1. If there is already an administrative proceeding the
2. Heirs : One who succeeds to all transmissible property heirs CANNOT bring suit except
rights and obligation of the deceased person or to a. If the executor or administrator is unwilling or
certain indeterminable or aliquot part thereof either refuses to do so
by will or operation of law. b. When the administration is alleged to have
a. Will : Devisee and legatee participated in the act complained of o is made
b. Operation of law defendant
KINDS OF HEIRS c. The heirs may still bring the suit if an administrator
is not appointed..
1. Forced or compulsory heirs- there is a legitime reserve
for them.( Those who are entitled to a legitime from a
testator ) Scope of Inheritance :
2. Voluntary or testamentary or testate- if they received 1. All the property, rights and obligation of a person
real or personal property by a devise or legacy in the which are not extinguished by his death and accrued
testator’s will insofar as the free portion is concerned. from the moment of death are transmissible.
a. Property: May e real and personal.
3. Legal or intestate- if they succeed to inheritance I the
Q: Is the body of the deceased considered as a thing? A: No.
absence of a will.
Corpse are not to be considered as a property however RA 7170
EX: All compulsory heirs are necessarily intestate heirs, but not all authorizes the legacy or donation on all or part of a human body
for a specified purpose.
intestate heirs are compulsory heirs. Collateral relatives for
b. Rights: Heirs are bound by the contracts
example may inherit in intestacy although they are not
entered into by their predecessors except
compulsory heirs of the decedent. when 1. The rights are not transmissible in
nature 2. Stipulation 3.Provision of law.
Devisee or Legatee

1. Devisee- a person to whom gifts or specific or c. Obligation: Rights, obligation are by nature
determinable property are given byvirtue of a will transmissible and may constitute as a part
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of the inheritance both with respect to the c. Mixed : Succession is effected partly by will and partly
rights of the creditor and likewise the by operation of law. This occurs when certain
obligation of the debtor. ( Exception: 1. disposition of the will are invalidated or not given
Purely personal rights and obligation) effect

Note: Pure monetary obligation do not become personal liability Inheritance: The right to a person succession are transmitted from
of the heirs. The heirs are liable only until the extent of the value the moment of is death and do not vest in heirs until such time.
of the property received from the decedent. Therefore if there is a transfer of property made during his
lifetime this is no longer a part of his estate
Test if action survive : If the wrong done or complained of
primarily and principally concerns property rights and injuries of Accession: All accessories accrued to the estate from the moment
the person is merely incidental the action survives. However if the of death of the decedent are included in the inheritance and
injury of the person is the main cause of action and rights to pertain to the heirs these are merely considered as incidence to
property are merely incidental the same does not survive . the ownership .

Notes : B. Testamentary Provision

1. Lease contracts are not personal in character a. Wills
therefore, rights, obligation therein are
transmissible to the heirs. Definition: A will is an act whereby a person is permitted with the
2. As a rule when the action pertains to the recovery formalities prescribed by law to control to a certain degree the
of money arising from the contract, express or disposition of the estate to take effect after his death.
implied and the defendant dies before the entry of
judgment or while the case is pending it must not “ Disposition of Property” : The Civil Code is with the view that the
be dismissed but allowed to continue until final disposition of the property is not the only essential characteristic
judgment of the will. The SC follows the American view that the right to
3. The supervening dishonesty on the part of the make funeral arrangement for the deceased is included within the
guarantor does not terminate the contract it word disposition. Note that the disinheritance of the compulsory
merely gives the creditor the right to demand
heir is an act of disposition of the testator’s property in favor of
replacement since the right is not strictly personal.
those who would succeed in the absence of disinterested heir
4. The right of an action of a child to enforce
recognition of legitimacy last during the lifetime of
Characteristics of the Will :
such child but the right of the natural child to
compel acknowledgement of status continues only 1. An act mortis causa: The will is essentially revocable
upto the lifetime of the alleged parents.
since it is not yet effective at the lifetime of the
testator it may be revoked by the testator anytime
Obligation of the heirs : prior to his death.
2. It is a strictly personal act
General Rule : All money debts of the decedent are chargeable General Rule: The making of a will is a strictly personal
against the estate left by him and not against the heirs. act that cannot be left in the discretion of the third
person the ff : These pertains to the wishes or decision
Contracts entered into by the deceased are binding made in the will
upon the heirs since it forms a part of their inheritance
but the heirs are not personally liable. Therefore, only 1. The duration and efficacy of the designation of
the residue is given to the heirs as money debts are to heirs, devisee or legatees
be deducted from the inheritance in which case the 2. The determination of the portion which they are
heirs will only receive the money that is already to take when referred to by name
deducted. 3. The determination of whether or not
testamentary disposition is to be operative.
Prior to partition: Heirs are not liable. Since there is no
partition yet, the heirs cannot be held liable until they Exception: This act can be delegated to third person
determine the value and the extent of their liability
because they cannot be held liable beyond their a. The mechanical act of drafting the document
inheritance. b. Implementation of the details of testamentary
disposition where the testator left a specific property
Kinds of Heirs : Testamentary , intestate , mixed : Article 778 - or sum of money to a specified class provided that
780 a. The ff are present
i. The testator was the one who
a. Testamentary : When the decedent wishes to respect specified the class
the distribution of his property through a will which ii. The testator specified in the will
must be executed in a manner required by law. the property or the amount of
b. Legal or intestate : This takes place by operation of law money to be given to said class
, in the absence of the will the law steps in and or cause.
proceeds to distribute the property of the deceased in
accordance with the presumed will.
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Exception: The testator is allowed to entrust to a third person the 1. Use of Non-technical words: Words of a will are to be
ff : taken in its ordinary and grammatical sense, unless a
clear intention to use them can be gathered
1. Designation of the person , institution or establishment 2. Use of technical words The technical words are to be
who will eventually receive such sum of money taken in the technical sense
2. The manner of distribution of the sum of money
3. The determination of the amount given Rule on extent of What is transmitted:
3. It is an individual and unilateral act
4. It is a free act 1. If testator owns the entire property transmitted by way
5. It is a formal and solemn act of legacy and devisee

Formal or Solemn Act: The right to make a will is purely statutory General Rule : Every devise or legacy shall cover all the interest
such right is governed by the statute. which the testator could devise or bequeath in the property
disposed of.
6. It is essentially revocable.
Exception: Unless it clearly appears from the will that the testator
Interpretation of the wills: wanted to convey lesser interest.

1. The intent or the will of the testator expressed in the 2. If the testator owns only a part or interest in the
form and within the limits prescribed by law is property transmitted by way of legacy or devise:
considered a the supreme law in succession. ( The law
will favor testacy over intestacy) General Rule : If the testator, heir or legatee owns only a part of
or an interest over a thing bequeathed the legacy or devise shall
Eg: In the course of the intestate proceeding pending before a be understood to be limited to such part or interest.
court of first instance it is found that the decedent had left a last
will and testament proceeding for the probate of the latter must Exception: Unless the testator expressly declares that he gives the
replace intestate proceeding thing in its entirety . When he expressly states that he bequeaths
the entire property knowing that some part of the thing belongs
2. An interpretation that will render all of the provision of to other
the will as effective takes precedence over a
construction that will nullify a provision of the will. Note: The testator may subsequently acquire the interest of
Doubts are resolved in favor of testacy. the other person or the heirs can acquire the interest of the
other person provided that
Rules in case of Ambiguities 1. The heir upon whom the obligation is imposed or
the estate must acquire the interest of the third
1. Latent : This is a kind of ambiguity which cannot be person in the thing and give the same to the
seen from a mere persual of the will but which appears legatee or devisee
only in consideration of extrinsic circumstance. It is an 2. If the third person refuses to alienate the same or
ambiguity that is apparent on the face of the will. demands a excessive price the heirs are only
2. Patent : It is the kind of ambiguity which appears on obligated to give just value of interest in a third
person
the face of the instrument it may exist when the
uncertainty arises as to the application of any of its
provision After acquired property: Properties acquired during the interval
between the execution of the will and death of the testator are
Aids to resolve Ambiguity:
not as a rule included ( Nung sinulat ung will until death)
1. Determining the intent of the testator by examining
Exception: Unless the testator states that the disposition covers
the words of the will
the whole estate.
2. Resorting to parol and extrinsic evidence ( Whether
patent or latent ambiguities) Section 1 : Testamentary Capacity and Intent
a. Note that Extrinsic Evidence: This cannot
exclude oral declaration of the testator as 1. Qualification and Capacity to make a will
to its intention hence by implication written a. It is the national law of the testator that will
declaration made by the testator outside be applicable in determining whether or not
the will are admissible. he has the requisite testamentary capacity.
3. Institution of heirs : When there are two persons Capacity: The law in force at the time of the execution of the will
having the same names and surnames and among that determines whether or not the testator has the requisite
them there is similarity of circumstance in such a way testamentary capacity. ( At the time of the execution of the will)
that even with the use of other proof none of them
Capacity: All person is allowed to make a will except:
shall be an heir.
1. Prohibited by aw
Rules in Interpretation of Words
2. He is at lest 18 years of age at the time of execution
3. He is of unsound mind at the time of execution
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Nb: A: Generally, no there is no requirement. In a strict sense the

competency of the person to be instrumental witness to a will is
1. A person under civil interdiction is allowed to make a determined by the statute of the NCC whereas his credibility
will because he is deprived only of the power to depends on the appreciation of testimony and arises from the
dispose of his properties through acts intervivos but belief that the said witness is telling the truth.
not through acts mortis causa.
Q: What if the witness is also beneficiary of the will?
Soundness of Mind:
A: The witness does not become disqualified to become a witness
1. It is essential that the testator must be of sound mind but his heir , devisee or legatee becomes incapacitated to inherit
at the time of execution. If he is not of sound mind at from the testator unless there are three other competent witness.
the time of execution the will is invalid regardless of
the state of mind before or after execution As a general rule, a witness is not disqualified when it has
beneficiary interest over the will but it may or may not nullify
Test to determine soundness of mind the devise or legacy given to such witness or his spouse,
parent and child or any one claiming under them .
1. The nature of the estate
a. Fairly accurate knowledge of what he owns
Rule:
the more he owns the less accurate his
a. If there are only three witness and one
knowledge of the estate .It is not required of the witness is a devisee or legatee the
that he must have knowledge of all the will is considered as valid with regard to
details f the properties. the other testamentary disposition, but
2. Proper object of the testator bounty the disposition as to the legatee is void
a. The testator must know under ordinary b. If there are three other witness to the
cirucmstnace his relatives in the most will aside from the devisee or legatee
proximate decree. The Omission of some of the devise or legacy wis valid.
the relatives will not affect its validity Substantial Compliance: It was the lawyer who drafted the will
3. The character of the testamentary act. who read the same aloud to one of the testator and read them
only once but it was read aloud in the presence of the testator
Special Requirement In exceptional cases and three instrumental witness wand the notary public the
1.If the testator is deaf or deaf mute testator subsequently affirmed that the contents
-He must personally read the will if able to do so otherwise he corresponded to his instruction.
must designate two person who would read the will and
communicate its content to him in a practical manner .( The
person reading the will need not be the instrumental witness it Who are not qualified to be a witness:
can be anyone)
2.If the testator is blind: 1. The will is read by any one of the 1. A person below 18 years of age
witness thereto 2. Notary public before the same is 2. A person who is of unsound mind
acknowledged 3. A blind person
-This does not apply only to blind testtor but also to those who 4. A deaf or dumb
for one reason are incapable of reading their wills because of 5. An illiterate or unable to read and write
poor eyesight
6. Those convicted of final judgment falsification of a
document perjury or false testimony
Ratio for additional requirement : To make the provision a. If the witness is pardoned : He or she
thereof known to him so that he may be able to object if they cannot still be a witness since the condition
are not in accordance with his wishes. That is the aim of the was not erased this must compared to
law is to insure that the disposition of the will are
amnesty were the forgiveness erases the
communicated and understood by the handicapped.
crime.
7. Those which are domiciled here in the Philippines

General Rule : The presumption of sanity in favor of a person it is

2. Witness to wills
incumbent upon the person alleging otherwise
Exception:
Scope: This is only applicable on ordinary wills.
1.When the testator one month or less was publicly known insane
Number of witness : An ordinary will is required to be attested
presumption shifts to the testator to prove that he acted under a
and subscribe by at least three witness the same requirement is
lucid interval.
mandatory.
2.When a testator is under guardianship
QUALIFICATION :
Note : The following do not affect the capacity and credibility of
1. Soundness of the mind can be shown
the witness
2. 18 years of age or more must be competently proven
1.Relationsihp with the beneficiary : The relation of the employer
and the employee being a relative to the beneficiary in a will does
Q: Is there a requirement that the witness must be competent not disqualify one to be a witness of the will.
and credible?
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2.Acquaitance : It is not necessary that the witness of the will to b.The fact that the testator signed the will and every page
have known the testator previous to the time when he subscribed thereof or caused some other person to write his name under
to the will his express direction in the presence of the instrumental
3.Knowledge : It is not necessary that the witness under stand the witness and
content of the will. c. The fact that the witness witnessed and signed the will and
When is non production of the witness allowed all pages thereof in the presence of the testator and one
another
1. When the witness is dead 7. It must be acknowledged before the notary public by the
2. when the reputation is questioned testator and his witness
3.When the witness is hostile to the proponent

Forms Of the Will: 1.Must be subscribed at the end thereof a. By the testator himself
b. By the testator’s name written by some other person in his
1.Ordinary or attested Notarial will: Governed by Article 804- presence and by his express direction.
809 : Acknowledged before a notary public by the testator and the
attesting witness
Notes :
2.Holographic Will : One that is entirely written , dated and signed
by the hand of the testator himself. Here, there is no need for 1.Must be subscribed at the end thereof a. By the testator
attestation by the witness. himself b. By the testator’s name written by some other person in
his presence and by his express direction.
Provisions Common :

1.must be in writing :Every will executed in the Philippines must Must be subscribed at the end thereof:
be in writing. This is a common requirement in both ordinary and
1.Purpose : The purpose of the requirement is to prevent fraud or
holographic wills.
interpolation between the testamentary disposition and the
2.Must be executed in language or dialect known to the testator: signature.
This requirement is mandatory, if the will is executed in a
End: This refers to the logical end thereof which is where the last
language that is not known to the testator the will is void and
testamentary disposition ends. Since the last page of the will does
cannot be probated. There is no requirement that the will itself
not contain any disposition but a mere continuation of the
state that the testator knew the language of dialect used in the
acknowledgment it is not required to be signed by the testator
will. This is a matter that a party may establish evidence aliunde.
and the witness.
The one proving the will must show that the person who executed
knows Ways to subscribe :
Vs. Witness : In case of witness the attestation clause need not 1.Personally subscribing thereon
even be known to the attesting witness. Article 805 merely Notes:
requires that the attestation clause be interpreted to said witness. 1. A legal requisite that the will should be signed by the testator is
satisfied not only by customary signature but also by a
Ordinary Wills: thumbmark or a mark that is fixed by him. The failure to state this
fact in the attestation clause is a fatal defect.
1.Must be subscribed at the end thereof a. By the testator
himself b. By the testator’s name written by some other 2. A cross unlike a thumbmark is not a signature. The court denied
person in his presence and by his express direction. probate holding that a will signed with a cross written after the
testator’s name is not a sufficient signature. The mere sign of the
2. It must be attested and subscribed by at least three cross could not be likened to a thumbmark as it does not have the
credible witness in the presence of the testator and one truth worthiness of the latter.
another
Testator must sign in the presence of at least three instrumental
3. The testator or the person requested by him to write his witness
name must also sign every page except the last on the left
margin in the presence of the witness Test: presence of the testator and the witness in the execution of
a will is not whether they actually saw each other sign but
whether they might have been seen each other sign, had they
4.The witness must sign every page on the left margin in the chosen to do considering their mental and physical condition and
presence of the testator and of one another position with relation to each other at the moment of inscription
of each signature.
5.All pages must be numbered correlatively in letters on the
upper part of each page Notes: Javalena vs Gustilo: Javallena signed the document he was
actually and physically present and in such position with relation
to Jaboneta that he could see everything that took place by
6.It must contain an attestation clause that expressly state
merely casting his eyes in the proper discretion and without any
the ff
physical obstruction to prevent his doing so.
a. The number of pages used upon which the will is written
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EX: If the instrumental witness signed the left hand margin of the
2.Letting someone sign his name in his presence and by his page containing the unsigned attestation clause the signature
express direction. cannot demonstrate the witness undertaking. On the other hand,
Requisites : if the witness signed the attestation clause itself but not the
1.Testator’s name is written by some other person in the lefthand margin the will is still valid
presence and by his express direction
Note: The important thing is that it clearly appears that the It is the witness and not the testator who are required to state the
name of the testatrix was signed at her express direction, it number of pages used upon which the will is written the fact that
is not important to write whether the person who writes the testator had signed the will and every page thereof and that
the name of the testatrix signs his own or not. they witness and signed the will and all pages in the presence of
the testator and one another.
AT LEAST THREE CREDIBLE WITNESS :
2.Such person signed the will and every page thereof in the
presence of instrument witness 1.The number of instrumental witness is mandatory. If there are
- The other person must have written the name of the
less than three witness the will is void.
testator’s name somewhere between the dispositive provision
of the wll and the attestation clause. If it only appears before SUBSTANTIAL PERFORMANCE: The rule on substantial compliance
the attestation clause the will is considered as not signed. in determining the number of witness can be applied when the
3.The person requested by the testator signs the testator
question can be answered by an examination of the will itself
name not his
without the need for presentation of evidence aliunde.
- It is immaterial who writes the name of the testatrix provided
it is written at her request and in her presence and in the
Note again:
presence of all witness to the execution of the will. Any person
can sign for him even though that person be the attesting 1.If a witness or his spouse parent has been made a devisee or
witness.
legatee in the will to which he or she acts as a witness he or she
4.The fact that the testator caused some other person to write
does not become disqualified as a witness but the legacy or devise
his name in his presence and by his express direction and also
is void unless there are three other witness.
in the presence of the instrumental witness is stated in the
attestation clause.
2.If the third witness is a notary public: The same cannot comply
with the provision of Article 806. To allow the notary public to act
Note: If it is stated that the testator also affixed his as a third witness would have the effect of having only two
thumbmark and thumbprint in his will and every page thereof attesting witness as the testator and the required number of
it is no longer necessary to state in the attestation clause that
witness must appear before the notary public to acknowledge the
another person wrote the name of the testator at his request.
will. The third witness ,, who is a notary public would have to
avow, assent or admit having signed the will in front of himself.

3.The testator or the person requested by him to write his name

2. It must be attested and subscribed by at least three credible
must also sign on every page except the last on the lefthand
witness in the presence of the testator and one another
margin in the presence of the witness
A .Attested : The act of the senses . This is a mental act it consist
1. The testator or the person requested by him to write his name
of the witnessing the testator’s execution of the will in order to
must sign on every page except the last
see and take note mentally that those things are done which the
- Page must be differentiated from sheet or leaf. A sheet has two
statute requires for the execution of the will and that the
pages, therefore if the will is back to back it must bear the
signature of the testator exist as a fact.
signature of the testator and of each of the witness.
b. Subscribed: The act of the hand this is a mechanical act. The
signing of the name f the witness for purposes of identification.
2.Such signature be on the left margin
-The location of marginal signature is not mandatory in character
provided that the signature arep resent in every page of the will.
Signature : It must be signed in the attestation clause AND THE
Regardless of where the signature is located, the will is considered
LEFT HAND MARGIN:
as valid.
1.The witness must sign each and every page of the will: Left hand
corner Abangan vs Abangan :
Purpose: The signature on the left hand corner of every page Where the will only consist of two pages the first page containing
signify among others that the witness are aware that the page all the testamentary disposition signed at the bottom of the
they are signing forms a part of the will. testatrix and the three witness and he second page containing
2.The will must be attested and subscribed by the instrumental only the attestation clause neither of the page contained as
witness ( Attestation clause) signature in the left hand margin: The court ruled that there is no
need for the signature at the left hand margin, in requiring each
Purpose: That the attestation clause establish that the witness are ad every sheet of the will should be signed by the testator in the
presence of each other is to avoid substitution of any of the said
referring to the statement contained in the attestation clause
sheet s thereby changing the disposition of the testator. BUT if the
itself. Indeed the attestation clause is separate and apart from the
disposition only contains two pages substitution is not likely
disposition of the will.
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3.The signing must be done in the presence of the witness. 6.It must contain an attestation clause that state the facts
required by law.
4. The witness must sign every page on the left margin the
presence of the testator and one another Attestation clause : An attestation clause refers to the part of the
ordinary will whereby the attesting witness certify that the
The witness must sign in the presence of the testator and of one instrument was executed before them and to the manner of
another execution of the same.

1.The requirement is mandatory if not complied with the will is NATURE :

void
2. In the presence of the testator and of one another 1.The attestation clause need not be written in a language or
- The witness was in the position with relation to the third witness dialect known to the testator since it does not form a part of the
that he could see everything that took place by merely casting his testamentary disposition. Here the attestation clause refers to the
eyes in the proper direction and without any physical obstruction witness and not the testator since the latter does not attest but
to prevent his doing so. executes the will
-Test: Not whether they actually saw each other sign but whether
they might have seen each other sign , had they chosen to Requirements in the attestation clause
considering their mental and physical condition and position with 1.It is a declaration made y the witness and not the testator , it
relation to each other at the moment of inscription of each need be signed only by the witness and not by the testator. A
signature. unsigned attestation clause results to an unattested will.
Note: The law does not require that the attestation clause be
contained in a single clause . Thus where a will does not
The requirement that all the witness must sign every page
contain a separate and independent clause but the concluding
paragraph of the body of the will is written in the tendor of the
1.The signature of the testator alone in all pages is not enough the
attestation it is sufficient
law requires that the witness must also sign the same the failure
Contents of Attestation
of the witness to sign every page even when the testator 1.The number of pages upon which the will is written
signature appears thereon is fata. Ratio: The purpose of the law in requiring the clause to state
the numer of pages in which the will is written is to safeguard
Icasiano vs Icasiano: The law should not be so strictly and against possible interpolation or omission of one or some of its
literally interpreted as to penalize the testatrix on account of pages .
inadvertence of the single witness over whose conduct she
had o control if the purpose of the law is to guarantee the
identity of the testament and its component pages is Effect of failure to state the number of pages:
sufficiently attained. The inadvertent failure of the witness to 1. Substantial compliance: If the will states elsewhere in it how
affix his signature to one of the pages to affix his signature to many pages are complied with.
oneo f the page of testament due to simultaneous lifting of Note: There could have been no substantial compliance with
two pages is not sufficient to deny probate. the requirement under Article 805 if there has been no
statement in the attestation clause or anywhere in the will
itself as to comprise the numer of pages in the will. In this case
5.All the pages must be numbered correlatively in letters “ one there is a fatal defect
“two so on placed on the upper part of each page
Q: Where the acknowledgment portion of the attestation
Ratio: To afford the means of preventing substitution or of clause states that the will contains seven pages but the will
defecting the loss of any of its pages. actually contains six pages including the page on which
ratification and acknowledgement is made
Martir vs Martir: The will has four sheets and the first sheet A: There is no substantial compliance the discrepancy cannot
bears no number but the authenticity of that sheet and the be explained by mere examination of the will itself but through
genuiness of the signature of the testator and the witness the presentation of evidence aliunde.
thereon are not questioned. In the absence of fraud or
collusion and there being no question as to the authenticity of 2.The testator signed or expressly caused another to sign the
the fist page and the genuiness of the signature the mere fact will and every page thereof in the presence of the attesting
that the first page is unnumbered is not sufficient to justify witness
invalidation of the will. -If there is a total omission the fact that the attesting witness
signed each and every page in the will in the presence of the
testator or each other the will is fatally defective.
Place of numbering of page : The law provides that the numbering -The defect involves a mental act there would be no means
of page must be placed on the upper part of the sheet but if the therefore of ascertaining by the physical examination of the
paging should be placed on the lower part the testament is not will whether the witness had indeed signed in the presence of
void for this sole reason. the testator or of each other unless there is substantially
expressed in the attestation.
Numbering of letters: It is not necessary that the pages of the will
be numbered as one two and three. The requirement of the law is
sufficient ly complied with if the folios were paged with A, B and
C. 3.That the attesting witness witnessed the signing of the will
and all its pages and that said witness also signed the will in
 8

every page thereof in the presence of the testator and one Requisites:
another
-Note that there is a difference between the signing of the will 1.It must be entirely handwritten by the testator
and singing it in his presence. 2.it is dated by the hand of the testator
3. It is signed by the hand of the testator himself.
Substantial Compliance: The defects in the attestation clause
can be cured or supplied by the text of the will or a Requisites:
consideration of the matters apparent therefrom, which would
provide that the data not expressed in the attestation or from 1.It must be entirely handwritten by the testator
which it may necessarily be gleaned or inferred that the acts General Rule : The will must be entirely handwritten by the
not stated in the omitted textual requirement were actually testator
complied with. If there are insertions among the words written by the testator the
ff are the consequence
1.If the same is made AFTER execution WITHOUT CONSENT: The
7.The will must be acknowledged before a notary public by the insertion is considered as not written and the will is valid.
testator and the witness this formal requirement is one of 2.If the insertion was made AFTER execution but WITH CONSENT:
indispensable requisite for the validity of the will the will remains to be valid but the insertion is void
3.If the same was made AFTER execution of the will but validated
Acknowledgment : A signatory actually declares to the notary by the testator by signature thereon : The entire will is VOID.
public that the same is his or her own free act and deed. 4. If the insertion is made contemporaneous to the execution of
the will : The will is void.
Purpose : 1. Safeguard the wishes of the testator 2. To assure that
his estate is administered in the manner that he intends to e 2.it is dated by the hand of the testator
done. -The law does not specify the particular location where the date is
to be stated
Attestation Acknowledgment -The rule date in the hologprahic will should include the day ,
Refers to the act of the This is made by one month and the year of its execution however if there is no
instrumental witness executing a deed, declaring appearance of fraud, or undue influence the month and the year
themselves who certify t the before a competent officer or is enough.
execution of the instrument court that the deed or act is 3. It is signed by the hand of the testator himself.
before them and to the his own -it is the name written by the testator in his usual , customary and
manner of execution. habitual manner the signing by virtue of a handprint is not
allowed.
- The signature must be in the end of the will and any disposition
Witness must also ACKNOWLEDGE below it must be signed and dated

1.The will must be acknowledged by the testator and the notary Several Additional Disposition:
public and the witness and in compliance with the requirement is General Rule : Disposition of the testator written below his
indispensable for its validity. signature must be dated and signed by him to make them valid
testamentary disposition
2.There is no requirement that the signing of the testator, witness
and notary public be done in one single day it was executed. Additional disposition: ( Must be signed and dated to be valid)
Hence if there is a conflict between the dates appearing in the 1.If the additional disposition is not dated even if signed: The
notarial will it does not invalidate the document because a disposition is void and not affect the validity of the will itself
notarial will need not be executed and acknowledged on the same 2. If the number of disposition appearing in a holographic will are
occasion. signed without dated and the last disposition has signature and
ate such date validate the disposition preceding it.
Q: What is the acknowledgment is OUTSIDE the place of
commission. Witness: No witness are necessary and required in a holographic
will
A: An acknowledgment taken outside the territorial limits of the
notary public jurisdiction is void as if the person taking it is Probate of holographic will:
without official character.The will that is acknowledged before a 1.If not contested ::: It shall be necessary that at least one
notary public outside the place of commission is void and cannot witness know the handwriting and the signature of the testator
be accepted for probate. explicitly declare that the will and the signature are in the
handwriting of the testator.
Jurat: The will is required to be acknowledged and not merely 2.If contested: At least three of such witness is required
subscribed and sworn to. An acknowledgment is an act of one 3.In the asence of any competent witness and if the court deems
who has executed a deed in going before some officer and it necessary expert testimony are resorted to.
declaring it to be his ac or deed and in case of notarial will it is the
Rule in case of Insertion , cancellation, Erasure and Alteration
act of notary public.A jurat on the other hand is a part of the
1.The testator must authenticate the same by his full signature.
affidavit whereby the notary certifies that before him or her the This refers to the testator’s habitual, customary signature
document was subscribed and sworn by the executor. 2.It not authenticated, it is considered as not made. When a
number of erasure, correction and interlineation made by the
Holographic Wills
 9

testator in a holographic will have not been noted under the The Codicil shall be executed in the case of the will. If the will to
signature the will is not invalidated as to the whole but only as to which codicil refers to is a holographic will the law does not
words erased, corrected or interlined. require that the codicil be also in the form of holographic will. The
codicil here may be in the form of holographic and attested will.
Laws governing the formalities of wills
1.When executed by Filipinos Incorporation by reference :
-Forms and solemnities of a contract and will are governed by
the laws in which they are executed Any document or paper the same shall not be considered as part
Exception: of the will unless:
1.Joint will executed by Filipino in a foreign country shall not 1.The document or paper must exit at the time of the execution of
be valid in the Philippines even though authorized by the laes the will.
of the country where they are executed. 2.The document must e described in the will stating the number
A joint will is one where the same instrument contains the will of pages
of two or more person and is jointly signed by them. What the 3.The document must e identified by clear and satisfactory proof
law prohibits is the making of joint wills either for the testator of the document or paper referred to the will
reciprocal benefit or for the benefit of third person. ( For the 4.The document or paper must be signed by the testator and the
benefit of each other or for the benefit of third person it does witness on each and every page thereof except in case of
not pertain to property but person designation) voluminous books of account .

Testamentary Succession: Revocation of wills and testamentary

2.When executed by aliens who is abroad : disposition
1.Mae with the law or formalities prescribed by law
2.According to the formalities observed in his country 1.Prior to the death of the testator, the will may be revoked any
3.In conformity with the formalities prescribed in the time before his death it my be changed or revoked. Any waiver or
Philippines restriction on the right to revoke the will is void, only the
restriction is void and not the will itself.
The will of an alien made in the Philippines shall produce effect
in the Philippines if : Laws governing Validity of Revocation
1.Exeucted in accordance with the law of the country which he
is a citizen 1.If revocation is outside the Philippines
2.Which might be proved and allowed in his own country.
a.By a person not domiciled here in the Philippines an revocation
is valid when:
Joint Will : One where the same testamentary instrument is made
i. Done according to the law of the place where the will is made
the will of two or more person and is jointly executed and signed
ii.According to the law of the place in which the testator had
by them in a single instrument.
domicile at the time of revocation.
iii.By domicile of the Philippines the revocation must be done in
Why are joint wills prohibited?
accordance with Philippine laws.
1.It destroys the character of the will and is strictly personal and
b.If revocation is done in the Philippines
unilateral act kept by the testator
it must be done in accordance with Philippine law whether the
2.it tends to convert a will to a contract
testator be a domicile of the Philippines or not.
3.it runs to the idea that wills are revocable
4.It may subject one to undue influence and even induce one of
Mode of Revoking wills:
the testator to take the life of the other if the will is reciprocal
1. By implication of laws
-There is revocation by implication of law when certain acts or
events take place subsequent to the making of the will that will
Mutual or Reciprocal will: Separate wills of persons which are
nullify or render inoperative either the will or itself or some
reciprocal in their provisions giving separate property of each
testamentary disposition.
testator to the other. ( I will make you may heir, You make me a
Ex:
heir the first one who dies the other will succeed not prohited).
1.Upon the issuance of the decree of legal separation
provision in favor of the offending spouse made in the will of
What happens if the joint will is invalidated ( this will is the innocent spouse shall be revoked by operation of law.
executed by both the husband and the wife)
The will is valid but it only pertains to the estate of the
2.Subseuqnet will, codicil or subsequent instrument
husband. The probate affects only the estate of the husband and it
Manner of revocation
cannot affect the estate of his wife considering that a joint will is a
1.Express: Subsequent to the execution of the will there is a
separate will
revocatory clause expressly revoking the will or a part thereof.
TESTAMENTARY DISPOSITION : CODICLS AND INCORPORATION: a. Will: A subsequent will containing a clause revoking a previous
will should possess all the requisite of the will.
1.Codicil: Is a supplement or addition to a will made after the Note:
execution of the will taken as a part thereof by which any VOID:If the subsequent will is void since it was not executed in
disposition made in the original will is explained added to or conformity with the law cannot produce the effect as to annulling
the previous will. If the will is due to a false and illegal cause is null
altered. The codicil can also revoke a previous will .
and void.
Forms Required for Codicil:
 10

VALID but inoperative: The revocation is valid even if the new will Republication and Revival of Wills :
becomes inoperative if the reason is 1. Incapacity 2. Renunciation Doctrine : The republication is the re-execution or
or repudiation. reestablishment by a testator of a will which is void or a will that is
2.Implied previously revoked. It requires a positive act.
-Revocation is implied if the subsequent revocation are partially or
absolutely inconsistent with that of a previous will. Ways to republish:
- Subsequent will that do not revoke the previous one in an 1.By reproducing the contents of the previous will in a
express manner annul only such disposition in the prior will that subsequent will.
are not consistent with the contrary to those contained in the -If the previous will is void as to the form it can only be
letter of the will republished by reproducing the provision thereof in the
-The revocation expressly or impliedly does not affect the subsequent will. ( Void as to the form ) – VOID AS TO FORM
recognition of an illegitimate child in the will that has been 2.By execution of a codicil referring to the previous will to be
revoked. republished as modified by the codicil.
-Void as to substance.
Revocation by Physical Destruction
a.Ways of physically destroying the will: Chapter 2: Testamentary Succession: Section 1 Wlls : Allowance
1.Burning and disallowance of wills
2.Tearning
3.Cancelling Probate : To prove before some officer or tribunal vested by law
4.Obliterating with authority for that purpose and to prove that the will is the
last will and testament of the person and that the said will is
b.Requisite for the validity of revocation: executed, attested and published as required by law.
1.The testator must at the time of performing it be in possession
of mental faculties Probate of Wills is Mandatory:
2.The destruction is accompanied with intent to revoke or 1.General Rule: As long as the will contains a disposition of
coupled with animus reovocandi property the conduct of probate is mandatory. This includes
-The physical act of destruction does not constitute an effective disinheritance of compulsory heir.
revocation unless the destruction is coupled with animus -Disinheritance is a disposition: Disinheritance in a sense is an act
revocandi on the part of the testator. ( Overt physical act of of disposition by itself. The disinheritance results in the disposition
burning + animus revocandi) of property of the testator in favor of those who would succeed in
the absence of disinterested heir.
3.There must be evidence of the overt act of burning, tearing , Force and Effect of Law:
cancelling or obliteration 1.Before the will can have force or validity it must be
-It is not imperative that the physical act of destruction be done probated. The presentation of will is mandatory and is am
by the testator himself for the same may be performed by atter of public policy. Therefore, in testate succession there
another person however for revocation by another person to be can be no valid partition among the heirs until after the will
effective there must be has been probated.
1. Document destroyed was in fact the will of the deceased 2.The petition for probate is not subject to the statute of
2. The overt act was at the decedent express direction limitation nor may it e prevented by the application of the
3. That the same was done in the presence of the said decedent. principle of estoppel.
*nb: If the destruction is unauthorized there is no revocation and
parol evidence is competent to prove the provision of the will, but
Note: The probate of the will is not barred by the intestate
this can only be applicable in case of notarial will , with respect to
settlement of the estate proceeding, but once the action is
holographic will the same cannot be probated in case it has been
probated an action of annulment of a will be barred res
lost or destroyed or when there is no copy left.
judicata and prescription.
4.The revocation must have been a complete act.

Notes:
Q: Issue addressed in a probate proceeding: Extrinsic validity of
1.Presumption of revocation: 1. Where the will cannot be
the will
found and it was shown to be in the possession of the testator
when last seen.  The presumption is that the same is Example :
cancelled or destroyed.
2.Doctrine of dependent relative revocation: If the act of 1.Whether the will is the last will and testament
destruction is connected with the making of another will so as 2.COmpliace with the prescribed formalities of the will
fairly raise the inference that the testator ment the revocation 3.Testamentary capacity of the testator
of the old to depend on the efficacy of the new disposition 4.Due execution of the last will and testament.
intended to be substituted the revocation will be conditional -Whether the testator was of sound and disposing mind at the
and dependent upon the efficacy of the new disposition if the time of execution that he had freely executed the will and was not
new wil intended to be a substitute fails the original will acting under dures ,fraud or undue influence
remains in full force. Extrinsic Validity
*Here it must appear that the revocation is dependent upon General Rule: Courts are limited to pass only upon the extrinsic
the valid execution of a new will , if the intent is merely to validity of the will sought to be probated. The court thus
make a will in place of the destroyed will the destruction is not inquire whether or not it complies with the formalities
conditional. prescribed by law and the testamentary capacity of the
testator.
 11

1.Extrinsically void: The rules of intestacy apply regardless of the

intrinsic validity thereof
Exception:
2.Extrinsically valid : check if the will is intrinsically valid that is
1.Intrinsic Validity of the will is considered when :
whether the provision are valid
a.The parties agree that the intrinsic validity be first
3.If the will is extrinsically valid but intrinsically void: Intestate
determined the probate court may do so.
Ante Mortem and Post Morten
b.When the defect of the will is apparent on its face and the
1.Ante Mortem : That which is had during the lifetime of the
probate will only become a useless ceremony.:
testator
RATIO : It would be a waste of time if the case would be
2.Post mortem: That which is had after the death of the testator.
remanded since the illegality or defect was already patent
The testator admitted in his will that he is disposing the
Disallowance
properties in favor of a person whom he has been living.
1.Failure to comply with the formalities prescribed by law
c.When practical consideration demand that the intrinsic
2.Testator is insane or otherwise mentally incapable of making a
validity of the will be passed upon even before it is probated:
will at the time it was executed
When the issue of intrinsic validity of the will is determinative
3.Wll was executed through force or undue duress or influence of
of the necessity of conducting probate proceeding then the
fear or threats
practical consideration dictates that probate court must first
4.Will was procured by undue and improper pressure and
resolve intrinsic validity before probate of the will
influence on the part of the beneficiary or of some other person
5.Signature of the testator is procedure by fraud
Ex: The trial court cannot e faulted for passing upon in a 6.Testator acted by mistake or did not intend to that the
petition for probate of what was initially supposed to be a isturment he signed should be his will at the time of affixing his
donation mortis causa the validity of the document as a signature thereto
donation intervivos because the resolution of such determines 7.Testator was below 18 years of age at the time of execution
whether probate proceeding proceeds.
Grounds: Any of the grounds ae proven the will shall be set aside
Q: Issue raised preterition of a compulsory heir: and void. Even if the ground is that the testator is below 18 it is
1.If there is NO SPECIFIC legacies and devisee but purely the void.
institution of heirs : Preterition will annul the institution of the
heir. Therefore, in this case there is no specific proceeding. Personality to intervene in probate proceeding: In order that ap
2.If there is SPEICFIC LEGACIES and DEVISEE: The existence of person may e allowed to intervene in probate proceeding he must
the pre-terition does not affect the validity of the legacy and have an interest in the estate or in the will of the property
devisee hence the probate court is still required to conduct affected, an interested party is one which would have been
probate for the distribution of such legacies and devisee. benefited by the estate such as an heir or one who has a claim
against the estate like a creditor.

Effect of Probate OR ALLOWANCE OF will Probate of Wills of Foreigners: The law does not prohibit the
probate of the will executed by foreigner provided that :
1.The probate of the will is CONCLUSIVE as to its due execution 1.Made in accordanc with the formalities prescribed y the law
and extrinsic validity. If no appeal is taken the same attains finality of thep lace where he resides
by mere lapse of time 2.Acocrding to the formalities observed in his country

-Issues as to the voluntariness of its execution cannot be anymore

raised. b. Institution of heirs ( including the
declaration of heirship as decided in Treyes
Res Judicata: matters of due execution of the will and the capacity vs Larlar)
of the testator acquired the character of res judicata and cannot
again be brought into question. Institution of heirs : An act whereby by virtue of which a testator
designated in his will the person who are to succeed him in his
Exception: property transmissible right and obligation.

1.Intrinsic Validity: This can be raised even after the will has been Effect:
authenticated. Thus it is not necessary that an extrinsically vlaid
last will is always intrinsically valid. 1.A will is also valid even though it does not contain an institution
of an heir because under the law it is the estate of the deceased
EX: If the will is validly executed but the disposition deprives or person that serves as the continuation of the deceased testator
impairs the lawful heirs of their legitime or rightful inheritance his for purpose of paying his monetary obligation.
cannot be given effect.
How to Designate, heirs, devisee or legatee:
Rules: 1.Gen Rule: The heir must be designated by name or surname
Exception:
General Rule: The will must pass both the extrinsic and intrinsic 1.Even if the name is not expressly stated but the testator
validity test designated an heir in such a manner that there can be no doubt
as to who has been instituted the institution is valid.
Diversions: Rules in case there are the same names
1.Two or more person have the same name
 12

a.The testator must indicate some circumstance by which the testator would not have made such institution if he had known
instituted heir may be known. This can be proven by evidence the falsity of the cause the institution is to be annulled.
aliunde, excluding the oral declaration. 6. If the institution does not cover the entire inheritance
2.if the testator fails to mention any circumstance regarding the a.Instituted only one heir: Limited only to an aliquot part of
heir instituted and there is two person : This is a latent ambiguity the inheritance legal succession takes place with respect to the
that can be proven by evidence aliunde excluding oral evidence. remainder
-If still cannot be identified : None of them shall be the heir. b.Institutetd of several heirs.: Their institution is limited to the
aliquot part of the inheritance and all parts that o not cover
Disposition in Favor of Unknown person the whole inheritance legal succession takes place with
General Rule : Every disposition in favor of unknown person is respect to the remainder.
void c. Instituted exceeds the whole inheritance: If each of the
Exception: instituted heirs given an aliquot part of the inheritance
1.The identity can become certain by some event or exceeds the whole inheritance each part is reduced
circumstance : VALID. The identity must appear in the will itself it proportionately
cannot be shown by extrinsic evidence either oral or
documentary. Here at the time the succession opens the heirs
must be living. Preterition: Consist in the total omission of a compulsory heir
2. Disposition in favor of a definite class or group of person : The from the will either because he is not named or although he is
testator may entrust to third person the distribution of property named as the father ,son etc he is neither instituted as an heir nor
or money to such class or group assigned any part of the estate without being disinherited.
3. Disposition in favor of the poor in general without designation
of particular person or of any community is valid.The testator REQUSITES FOR PRETERITION:
can dispose of the property in favor of the poor in a definite
locality, if he failed to designate a locality the disposition is 1.The heir omitted must be a compulsory heir in the direct line
deemed limited to 1.The poor living in the domicile of the testator whether ascending or descending.
at the time of his death
Notes:
Who determines whether one is poor?
1.By the person appointed by the testator for that purpose 1.The illegitimate child is likewise a compulsory heir in the direct
2.By the execugor line. This also applies to adopted child, since the adoption of the
3.By the executive judge child makes the latter a legal heir of the adopter.
4.By the mayor
5. By the municipal or city treasurer with a majority vote of all Q: What if the spouse is omitted is there preterition? No. The
question that arise. spouse though a compulsory heir is not an heir in the direct line
4. Disposition made in general terms in favor of relatives in the
form of legacy is valid: Those nearest in degree the rule on 2.There must be a total or complete omission
proximity applies
There is no preterition where the testator allotted to the
1.Institution without designation of shares: The heirs are to descendant a share less than the legitime since there was no total
be entitled to inherit in equal parts. This rule does not apply to omission of a forced heir. In the latter case the omitted heir is only
an heir named in the will who is at the same time a entitled to his legitime
compulsory heir because a compulsory heir is entitled to his or
her legitime Notes:

1.If the heir received something from the testator even by way of
2.Some individually designated some collective: I designate
my heirs A and B and the children of C  The are presumed to donation intervivos there is no preterition but a case of
be individually instituted unless it appears that the intention of incomplete legitime. The donation is considered as advance to the
the testator otherwise. Hence all of them are to inherit per legitime of the compulsory heir Remedy is not preterition but
capita only the completion of his legitime

2.Preterition will not happen when there is something left to be

3.Institution of brothers and sisters: The institution is to be
undisposed of there is also no preterition because the omitted
distributed equally unless there is a different rule ( Note that
compulsory heir is not totally omitted. Since the omitted heir is
this is different form intestate succession wherein the shares
also a legal heir he will still be getting a share by way of intestacy
of the legitimate and illegitimate are different)
hence he is not totally omitted.

4.Institution of the person and the latter’s children : When 3.The omitted compulsory heir must survive the testator : If the
the testatr calls to the succession a person and the latter’s omitted compulsory heir dies before the testator there is no
children they are all deemed to be instituted simultaneously preterition because death extinguish civil personality.
and not successively unless the contrary intention appears.
( They inherit in equal parts) 4.Omission of compulsory heir in the will must be by mistaken,
5.Institution based on false cause inadvertence or through oversight and not intentional otherwise
Gen Rule: The statement of a false cause is considered as not it is an invalid disinheritance: Note that disinheritance is always
written the institution of the heir remains to be valid
voluntary preterition while preterition is always involuntary. In
Exception:
case of disinheritance, the institution of the heir is not wholly void
1.The institution is annulled if it appears from the will that the
 13

but only insofar as it prejudices the legitime of the person annulment of self adjudication cancellaton of TCT,
disinherited. In case of preterition the effect is succession through Reconveyance of ownership and possession , partition and
intestacy. damages against Treyes, RD of Marikina and Negros
Occidental. The petitioner Treyes filed another Motion to
Effect of Preterition: dismiss arguing that the private respondent complaint must be
dismissed on 1. Improper venue 2. Prescription 3. Lack of
1.There is total annulment entirely of the institution of heirs but jurisdiction over the subject matter. The petitioner main
the legacies and devisee are valid as long as they are not contention in the said case is that the RTC has no jurisdiction
inofficious and as long as the legitime are not impaired. If there is to hear, decide and decide the subject matter of the private
no devisee or legatee it will result to total intestacy. respondent complaint because the determination of status of
legal heirs must e made in a separate proceeding is a
Preterition Disinheritance prerequisite to an ordinary suit for the recovery of ownership.
Omission of the testator will This is a testamentary
of the forced heirs or any one disposition that deprives the On appeal the CA denied the MR of the petitioner. The CA
of them either because they compulsory heir of his share ruled that since the complaint seeks to Annul the petitioner’s
are not mentioned therein or in the legitime for causes self adjudication which is an ordinary civil action the CA found
though mentioned are authorized by law that the RTC has jurisdiciton to hear and decide the private
neither instituted as heirs nor respondent complaint.
as expressly disinherited
The annulment of the Annul the institution of heirs
Issue: Whether the RTC has jurisdiction over the case at bar
institution of heirs is in toto but only insofar as it may
Held: Yes. The present case provides that the action was not
unless there are legacies and prejudice the person
instituted for the determination of their status as heirs as it
devisee the annulment is disinherited the part that is
was already established ipso jure without the need of judicial
only as to that part that annulled here is limited to
confirmation. The case at bar pertains to the right of the
impairs the legitime the portion of the estate
respondent over the subject property by virtue of them being
which the disinherited heir is
siblings o the deceased.
illegally deprived.

Difference between Ordinary vs Special Civil Action

Treyes vs LARLAR : Whether a prior determination of the 1. Civil Action: A party sues another for the
status as legal or compulsory heir in a sperate proceeding is a enforcement or protection of a right which the
pre-requisite to an ordinary civil action that seeks for the party claims he or she is entitled thereto
protection and enforcement of ownership rights given by law 2. Special Civil Action: The later merely seeks to have
of succession? No. The heir can commence an action or a right established in his or herfavor.
complaint to enforce successional rights without necessity of General Rule :The determination of the decedent lawful heirs
prior determination of heirship in a special proceeding should be made in the corresponding special proceeding
because the rights to succession are transmitted from the precluding the RTC in an ordinary action for cancellation of
moment of the decedent death thus a complaint would state a title
cause of action.
Facts : Exception:
Rosie , the wife of petitioner Treyes passed away without 1. When the parties in the civil case voluntarily
leaving any heirs.Rosie left behind seven siblings 1. Antonio 2. submitted the issue to the trial court and alredy
Emilio 3. Heddy 4.Rene 5.Celeste 6. Judy 7. Yvone. Rosie at the presented evidence pertaining to the issue of
time of her death, left 14 real estate properties situated in heirship
various locations in the Philippnes which she owned with the 2. When the special proceeding had been instituted
petitioner Treyes as conjugal properties. but terminated and cannot be re-opened.
In a civil action for the cancellation of deed or instrument and
Treyes then executed two affidavit of self adjudication. The reconveyance of property on the basis of relationship with the
first was registered in Marikina and the second was registered decedent, the plaintiff does not seek to establish his or her
in Negros Occidental. In these two affidavit of self - status as an heir. In truth the plaintiff seeks the enforcement
adjudication, Treyes transferred the estate of Rosie unto of hi or her right brough about by operation of law. The law
himself claiming that he was the sole heir of his deceased already establishes that status what he or she aims to do is
spouse Rosie. merely to call for the nullification of the deed, instrument or
conveyance as enforcement or protection of the right
possessed by virtue of law.
The respondents alleged that they sent a letter to the
petitioner requesting for a conference to discuss the
settlement of the estate of their deceased sister, but this was Revisiting the existing jurisprudence
left unanswered. On the year 2012, they discovered that the The right of succession are transmitted from the moment of
TCT previously registered in the name of their sister and the death of the decedent. The transmission by succession
petitioner Treyes had already been cancelled and new titles occurs from the moment of death and therefore, the heir si
were registered in the name of Petitioner Treyes based on the deemed to have acquired ownership of his share in the
affidavit of self adjudication. inheritance at the time of death AND NOT AT the time of the
declaration of heirs partition or distribution. Therefore the
rights of the heirs to the property of the deceased vest in them
As a result, the respondent filed before the RTC for the
even prior to the judicial declaration of them being heirs in a
 14

testate and intestate proceeding Examples : When the default hear is incapable to inherit!!
FREE PORTION LANG
1. X is instituted to 2/3 and Y to 1/3 of the estate of T. X and Y
The heirs are already deemed to be co-owners of the property,
are reciprocally substituted
therefore, there is no need for a separate judicial
If X dies before T, Y acquires the 2/3 shares of X as substitute
detemination of their heirship. In the case at bar, the law in addition to 1/3 of his share. Hence Y receives the whole
provides certain relatives who are deemed as compulsory estate
heirs and intestate heirs. They refer to relatives that become In this case, the heir Y gets the share of the one who does not
heirs by virtue of compulsory succession or intestate or could not succeed although the share is bigger
succession. In the case at bar, Article 1001 states that brothers If there are several substitutes, they shall have the same share
and sisters who survive the widower are entitled to ½ of the in the substitution as in the institution. This prevents intestacy
inheritance while the surviving spouse is entitled to the other It is based on the presumed intention of the testator in
half. Therefore, there is no need for prior judicial declaration of instituting the heirs to unequal shares of the will.
the respondent since they by operation of law is entitled to ½ 2. If X= 1/2 instituted to Y= 1/3Z= 1/6 they are named as
of the inheritance of the decedent. reciprocal substitutes
X dies and predeceases T
Shares in the institution: Net estate P 120,000
c. Substitution of heirs X= P60,000
Y= 40,000
Kinds of Substitution: Z P20,000
1.Simple Total P120,000
2.Fideicommissary In case of Predecease the share of z will be distributed to Y and
When does substitution take place? Z since they are the reciprocal substitutes , the distribution shall
be I accordance with their respective shares in the inheritance :
1.Incapacity
Shares of Y (1/3) Z( 1/6)
2.Predecease
Y- P40,000 (2/3)
3.Renunciation Z- 20,000 (1/3)
Ratio: The shares of X are to be distributed in accordance with
Kinds of Substitution: the share in the inheritance
1.Simple
Definition: A simple substitution is one where there is an
appointment of another heir so that he or she can enter into the
inheritance in default of the heir originally instituted. Notes:
1.The substitute must enter into the inheritance not as a heir 1.Substitution obtains only in testate succession there is no
succeeding the original heir but an heir to the testator substitution in intestate succession
2.There is no simple substitution when there is no provision 2.It refers only to the free portion because the law prohibits the
for either predecease of the testator by designated heir or testator from imposing any burden , encumbrance etc on any
refusal or incapacity of the latter to accept inheritance kind on the legitime
3.The testator specifies in the will instances when substitution 3.It has preference after institution of heir over right of
takes place in the absence of any statement in the will which representation , right of accretion and intestacy.
substitution refers to the same seemed to cover all three
mentioned. Extinguishment of Substitution:
1.When the substitute predeceases the testator
Classifications: 2.When the substitute is incapacitated to inherit
1.Brief: Two or more person are designated by the testator to 3.When the substitute renounces the inheritance
substitute for one heir. 4.When the institution is annulled through preterition
Example: T institutes X as heir and Y and Z as substitute. If X 5.When the institution is revoked by the testator
predecease T the inheritance is divided equally between Y and Z in 6.When the will is void or revoked.
equal parts unless T provides for otherwise.
Effects of Simple Substitution: The substitute is subject ot the
2.Compendious: There is only one person designated to same charges and condition imposed upon the instituted her
substituted for two or more heirs. In this case, all of the instituted because he merely steps into the shoes of the latter
heirs and not only one or some must predecease the testator , Exception: 1.unless the testator provides otherwise 2. The charges
incapacity or repudiate. or condition are personally applicable to the heir instituted.
Example: T institutes X and Y as heirs and Z as substitute. X
predeceases T there is no substitution by Z unless T provides that 2.Fideicommissary
Z is indicated to be the substitute of X and Y. Definition: The first heir is obliged to preserve the property and
3.Reciprocal: Two or more person are reciprocally substitutes for transmit the same to the second heir, without such obligation the
each other the substitution is called as reciprocal. case is merely a simple substitution.

Three instances where reciprocal substitution takes place : Requisites :

1. The heir who succeeds gets the share of the one who does not or 1.The first heir called primarily to the enjoymet of the estate
cannot succeed although the share of the latter is larger than that 2.The second heir ( fideicommissary) to whom the property is
originally given to the former transmitted by the first heir
2. If there are several substitute, they have the same share. This 3.AN obligation clearly imposed upon the first heir to preserve
prevents intestacy. It is based on the presumed intention of the and transmit to the second heir the whole or part of the estate.
testator in instituting the heirs to unequal shares in the will.
Requisites
 15

1.The fideicommissary substitution must be expressly made either beyond one degree
by giving it such name or by imposing upon the first heir
( fiduciary) the absolute obligation to deliver the inheritance to
the second heir ( fideicommissary) d. Conditional Testamentary disposition and
2.The substitution must not go beyond one degree from the those with a term
fiduciary ( The second heir must not go beyond one degree from
the first heir ) otherwise the substitution is void. Rule : The testator is free to impose any condition mode or term
- Ego, the second heir can only e either the parent or the child of on testamentary disposition but this rule applies only to the portio
the first heir. of the estate of which the testator can validly dispose ( free
3.The fiduciary and the fideicommissary must be living at the time portion)
of the death of the testator
4.The substitution must not burden the legitime Condition: When the acquisition, or extinguishment of
successional rights are made to depend upon the happening or a
Effect of Invalid Substitution non happening of an future or uncertain event the testamentary
1.The substitution is considered not imposed but the validity of
disposition is conditional.
the institution of the first heir is not affected. In effect it is the first
heir who inherits. a.Suspensive: If the acquisition of successional rights is made
Effect of Valid substitution to depend on the happening of such event
1.Upon the death of the testator, the first heir ( fiduciary) acquires b.Resolutory : If the successional rights are already acquired
the usufructory rights over the property he is obliged to preserve but subject to extinction upon the happening of event.
and to transmit the property to the fideicommissary.
2.The fiduciary transmits the property depending on the will of
the testator 1. Stated in the will 2. Testator does not provide it is Notes:
understood to be at the death of the fiduciary. The fiduciary is
obliged to deliver the inheritiance to those which arise from the Suspensive Condition:
legitimate expenses credits or improvement except when the
testator provides otherwise. In suspensive condition, the successional rights happen only after
3.The fideicommsary heirs inherits from the testator, therefore if the happening of the condition but the effects retroact to the
he dies prior to the fiduciary his right simply passes to the heirs. moment of the death of the testator.As a consequence, the
Since the fideicommissary is already the naked owner of the capacity of the conditional heir must be determined not only at
property upon the death of the testator he can dispose the
the time of the death, but also at the time of the condition.
property provided that it cannot impair the usufructory’s right.
Hence, if the heir dies prior to the happening of the condition is
rendered ineffective.
Q: Since the fideicommissary inherits directly from the testator
and not form the fiduciary, ay an illegitimate child of the fiduciary
If the testator dies before the condition, there is no successional
inherit from the testator who is the legitimate relative of the
right that is to be acquired by the instituted heirs or the
fiduciary? Yes. The barrier rule does not apply to testate
succession but only to succession by operation of law. designated devisee or legatee. During the said period the estate
or property involved are placed under administration.
Prohibition Against Alienation of Inheritance
A.Prohibition against inheritance :Article 870 of the Civil Code Resolutory Condition:
allows the testator to prohibit alienation of the inheritance for a
The successional rights are acquired upon the death of the
period not exceeding 20 years if the prohibition exceeds 20 years
testator, but subject to the extinction upon the happening of the
it will only be considered valid for 20 years and void as to the
excess. event or condition. If the condition is fulfilled the heir loses his
right over the inheritance
Note: The prohibition can never apply to the legitime because a
legitime cannot be burned, encumbrance, condition substitution Term: When the successional right is made to depend upon the
or any kind whatsoever. arrival of a day certain or upon the happening of a future but
certain event the testamentary disposition is one without a term
Prohibition against alienation in fideicommissary substitution:
In fideicommissary substitution the testator can validly a.Suspensive: If the demandability of inheritance is subject to
prohibit the alienation of the property during the lifetime of the arrival of dy certain
the fiduciary even if he lives for more than 20 years after the b.Resolutory: If successional rights are immediately acquired
death of the testator. The 20 year limitation cannot apply to but the same are terminated upon the arrival of day certain
him because it defeats the fideicommissary substitution -The heir, devisee or legatee can immediately demand for the
delivery of inheritance devise or legacy subject to the
termination of his right upon the arrival of the term. Upon the
arrival , the inheritance devise or legacy passes to the legal
Disposition involving usufruct
heirs of the testator. ( Di na need ng bond dito unlike
1.A testator can leave to a person in whole or in part of the
resolutory condition kasi nasa kanila na ung property)
inheritance and another the usufruct upon the expiration of
the usufruct the naked owner acquires such right thereby
consolidating his absolute ownership of the property
Modal: The testator states in his will the imposition of the
2.But if the testator gives the usufruct to various person not
obligation upon the heir of the legatee it does not affect the right
simultaneously but successively all such person must be living
to succession. In a modal institution, the testator states 1. The
at the time of the death of the testator and they must not be
 16

object of the institution 2. The purpose of the property 3. He 2.If it is party dependent upon the will of third
charge imposed by the testator upon the heir person:Constructive compliance is enough

Effects: Immediate delivery of the inheritance subject to the bond Prohibition to Marry
given for the compliance of the obligation in case failure to
comply he or she is obliged to return whatever he may receive by General Rule : An absolute condition not to contract a first or
virtue of the institution of heirs subsequent marriage is not a valid condition and shall be
Mode Condition considered as not written. ( Only the condition is effected the
Imposes an obligation upon The condition must happen disposition stands)
the heir, devisee or legatee or be fulfilled in order for the
but it does not affect the heir to be entitled to succeed Exception:
efficacy of the right to the testator.- The condition
succession- Obligate merely suspends 1.If the condition is imposed on the widow or widower by the
Can be implied Must be expressly stated in deceased spouse or by the latter’s ascendant or descendant the
case of doubt modal condition is valid. –( ulit: This cannot be imposed on the
legitime!!)

Term Condition When is this not applicable:

The successional right is The instituted heir does not 1.When the prohibition to contract a first or subseuqnet marriage
immediately transmitted to acquire successional right is considered not imposed if the prohibition is absolute in
the heirs , devisee or legatee upon the death of the character or a prohibition to marry any given time and place.
upon the death of the testator as long as the 2.The prohibition is not applicable to a condition to marry
testator although the condition is not fulfilled.
someone the condition imposed by the testator that an heir
demandability of the right is Upon the death , prior to the
devisee or legatee should marry someone before he can inherit is
suspended upon arrival of fulfillment of the condition
day certain no right is transmitted to the valid ( This is the opposite of prohibition not to marry therefore
heirs. valid)

Effect of Potestative , casual or mixed Condition Disposition Capatoria: Any disposition made upon the condition
that heirs shall make some provision in his will infavor of the
1.Potestative : This is one which fulfillment depends exclusively testator or any other person is void.- Remember : A will’s nature is
upon the will of the heir, devisee or legatee and must e one of pure liberality and contractual in nature. Therefore if the
performed by him personally. disposition has a burden it is not valid. ( parang burden na ito
-This is a purely potestative condition must be fulfilled after the hindi na sya condition kasi technically need mo gumawan gn
testator death as soon as the heir , devisee or legatee learns of something to get the propery)
the testator’s death.
*Here constructive compliance is enough when the condition is e. Legitime
purely potestative and the heir ,devisee or legatee exerted all
efforts to comply with the condition in good faith but is unable to General Rule: A person has the right to dispose his or her
fulfill the same due to reason not imputable to him. property by will but this is not a natural right.
Exception: Legitime. This refers to the part of the testator’s
In case of Obligation not to do: If the obligation is an obligation hereditary estate which he cannot dispose because the law had
not to do and it is potestative condition already reserved in favor of the testator’s compulsory heir by
Requirement : Caucion Muciana :If the required security o operation of law.
bond is not given the property shall be placed under
administration and shall remain until the security is given. This COMPULSORY HEIRS
security bond answers in case there is damage or the condition General Rule : The testator cannot deprive his compulsory heirs of
is violated. their legitime
Exception:
1. Testator can deprive legitime by a valid disinheritance
2.Casual : One whose fulfillment depends exclusively upon chance 2. The testator can prohibit the partition of the estate for a period
and or upon the will of a third person. not exceeding 20 years
- A casual or mixed condition is deemed fulfilled if the condition Note: Future legitime cannot be renounced and compromised
already occurs whether before or after the death of the testator. a future legitime between the person owing it and hi
1.If at the time of execution of the will: the condition is already compulsory heir is void and the latter may claim the same
fulfilled and testator is unaware the condition is deemed complied upon the death of the former. Future legitime is a mere
2.If the testator had knowledge that the condition is already expectancy over which the heir does not acquire any right until
fulfilled at the time of the execution of the will : It must be the death of the testator
fulfilled again.
*Actual compliance is enough Compulsory Heirs
3. Mixed: Partly dependent upon the will of the heir , devisee or 1.Primary Compulsory Heirs: Those who have precedence over
legatee and partly upon chance and or the will of a third person. and exclude other compulsory heirs. If there is primary
1.If it is party dependent upon the will of the heir: Actual compulsory heir the secondary compulsory heir are not entitled to
compliance is enough their legitime ( The primary exclude the secondary)
 17

Illegitimate /Legitimate Descendant : If a person whose succession a. The testator who left an Estate worth P1.2 Million had three
is under consideration is a legitimate person his legitimate children A, B and C but a died ahead of the testator. A is survived
children and or descendant excludes his legitimate parents and or by his child O
ascendant.
Primary Compulsory Heirs : Legitimate children and or Distribution ( ½ of legitime P600,000)
descendant A= O has right of representation ( P20,000)
1.Adopted children included: An adopted child is a B= 200,000
compulsory heir of the adopter and his legitime is the same as C=200,000
granted to a legitimate child of the adopter *If A DOES NOT HAVE A CHILD: B : 300,000 C:300,0000.
* It accrues to the other siblings.
Note:
2.Incapacity
1. A mere ampu ampunan without a benefit of judicial
a. The testator who left an Estate worth P1.2 Million had three
adoption is neither a compulsory heir or a legal heir because of
children A, B and C but a died ahead of the testator. A is survived
such relationship alone. An adoption is a juridical act and a
by his child O
proceeding in rem created between two person, therefore
only an adoption made through the court or procedure under
Distribution ( ½ of legitime P600,000)
Rule 99 of the Rules of Court is valid in its jurisdiction.
A= O has right of representation ( P20,000)
B= 200,000
2.The adopted child does not become a compulsory heirs of C=200,000
the parent. The only way for the adopted child to inherit from *If A DOES NOT HAVE A CHILD: B : * The share will accrue not to
his biological parent is through testamentary succession. the to the other legitimate heirs AND NOT TO THE SIBLINGS .
( Notice the difference between incapacity and predecease sa
3.Adopted child cannot be represented. In adoption the predecease mag inure to the siblings)
children of the adopted are total stranger to the adopter
because the relationship established by adoption is limited 3.In case of Repudiation
solely to the adopter and the adopted and does not exted to Heirs who repudiate their share may not be represented , instead
the relatives of the adopting parent or of the adopted child their share is to be distributed by intestacy to the legal heirs of
except as stated under the law. the testator.
EXAMPLE : The testator who left an estate worth P1.2 million ha
three children A, B and C but A repudiate the inheritance .
2.Legitimated Children: Whether A has a child or not his share shall be given to the heirs
Remember : A legitimated children are children which are of the testator by intestate succession. The share cannot go to his
born to parents who at the time of conception are not legally legal heirs because there is no right of representation when the
barred from marrying each other or even if disqualified it is share is repudiated.
only because either of them are below 18 years of age at the
time the contract marriage
In case all the children survive but all of them repudiate their
-The legitimated children shall enjoy the same rights as
inheritance their legitime cannot go to their respective
legitimate children. Its effect shall retroact to the time of the
children by representation because the heirs who repudiated
child’s birth and shall benefit his descendant should the child
their share cannot be represented.If inheritance is repudiated
die before marriage
by the nearest relative the degree shall inherit in their own
right and cannot represent the person repudiating their
Rule on Proximity: The nearest degree excludes the more inheritance.
remote except when right of representation is proper.
Right of Representation: The law allows the representation in
Example: The testator left an estate worth P1,2 Miliion has
case of predecease or disinheritance but If he does not have a
three children A, B, C who all repudiated their inheritance. A
descendant that can represent him he no longer is counted as
has a child 0. B has a child X, Y and C has three children E, F,G.
a compulsory heir.
Here the grandchildren will inherit by their own right.

Definition: The representative is raised to the place and the

degree of the person represented and acquires the right which
the latter would have if he would have been living of he could 2.Secondary Compulsory Heirs :They only succeed in the absence
have inherited. ( The inheritance is per stripes): The of the primary compulsory heirs and are entitled to legitime in the
representative shall not inherit more than what the person absence of compulsory heirs : Legitimate descendant or
they represent inherit. ascendant ( Legitimate parent and ascendant)
Example: The testator who left an estate worth P1.2 Million
had three children A, B, C who all predeceased him. A is Note : There is no right of representation in the ascending line
survived by O, B is survived y his children X and Y and C is EXAMPLE: The value of the estate is P1 Million the legitime of the
survived by his children E, F, G and H. Here the grandchildren ascendant is P500,000. If both the parents of the testator are
will not inherit in their own right but only by representation. living he legitime reserved for the legitimate parents shall be
( PER STRIPES) divided to them equally. If one of the parents dies, the whole
P500,000 are to pass to the survivor
*If the ascendant should be of different degree it shall pertain
Right of Representation entirely to the one nearest in degree in either line.
1.Predecease or disinheritance
 18

3.Concurring Compulsory Heirs.: They are not excluded but Estate of Illegitimate Person
concurs with the primary compulsory heirs. a. Only the parents of the illegitimate children are
The surviving spouse and the illegitimate children or the latter’s entitled to the legitime the other ascendant are
descendant are concurring compulsory heirs. excluded even when the parents have predeceased
them. In illegitimate filiation the right to succeed in the
a. Surviving Spouse ascending line terminates with the parent of the
If the marriage is void the parties are not spouses and the deceased illegitimate child.
surviving spouse is not entitled to the successional right granted An illegitimate grandchild can succeed to his illegitimate
to a surviving spouse. grandparent by representing his illegitimate parent the
b. Illegitimate Child illegitimate grandparent cannot succeed to the illegitimate
Illegitimate child are the compulsory heir of their parents but only grandchild because in the ascending line only the parent of the
those who can duly establish their filiation with the decedent are illegitimate child are entitled to the legitime
entitled to successional right.
Estate of the Adopted Child
Remember: The adopter and the adoptee shall have reciprocal rights of
1.If filiation is determined by . A. A record f birth appearing in the succession without any distinction as to legitimate filiation. This
civil register 2.Final judgment 4. Private handwritten instrument means that the right of the adopter and the adoptee to be a legal
signed by the parent concerned : The action for recognition can and compulsory heirs of each other.
be brought by the child during his lifetime and this means that
this is not subject to the limitation that the action for recognition Biological parents right to inherit: No. The adopted and his or her
be brought during the lifetime of the putative parent. parents by nature may only succeed from each other y way of
2.If filiation is based on open, continuous possession of the status testamentary succession. In other words the intention of the
of an illegitimate child or any other means allowed by special domestic adoption act is to extinguish the reciprocal rights of
laws it may only be brought during the lifetime of the alleged succession that exist between the adopted and his or her parents
parent otherwise the action is already barred by the death of the y nature including the right to legitime and rights arising form
alleged parent. legal or intestate succession.
Note: An action to compel recognition can be integrated with
an action to claim inheritance. The action to compel Amount of Legitime
recognition can be joined with the action to claim inheritance
in one of the complaint. Primary Heirs concur with compulsory concurring heirs

Right Of Representation of Illegitimate Children Compulsor 1.Compulsory heis of the same kind : ( ½ of
Upon the death of the illegitimate children his right to the legitime y Heirs the estate ½ free portion)
is transmitted to the descendant. If the illegitimate child ( Alone)
Exception:
predeceased his illegitimate parent he can be represented by his
descendant whether legitimate or illegitimate with respect to the 1.Marriage between the surviving spouse and
legitime. the testator was solemnized in articulo mortis
Example : and the testator died within thee months
The testator died single and without legitimate descendant or from the time of marriage ( ARTICULO
ascendant his illegitimate child O died before him but was MORTIS and Died three months from
survived by X a legitimate child and Y an illegitimate CHILD. marriage(
Assuming that the estate of the testator is valued at P1.2 million Surviving Spouse: 1/3 hereditary estate
the legitime othat O would have been entitled is transmitted to
his descendant X and Y. X and Y will represent O wilth regard t the Free Portion: 2/3 of the free portion
legitime in the amount of P600,000. However the share of X is
double the amount of Y.
IRON CURTAIN RULE : An illegitimate children has no right to Exception to the Exception: If the parties
inherit from the legitimate children or relatives of his father or have been living as husband and wife for
mother. more than five years prior to the marriage
Example: the legitime of the SS is still ½ of the
1.The illegitimate child died, the grandfather of the illegitimate hereditary estate
child wanted to inherit from the estate. The court ruled that
Primary 1.One legitimate child or descendant with
this is not allowed since an illegitimate child has no right to
Compulsor widow: The legitime of the legitimate child is
inherit intestate nor have a right of representation on the
y heir WITH ½ of the hereditary estate the legitime of the
estate of the legitimate child. An illegitimate child can only be
concurring SS is ¼ of the estate
entitled to a right of representation when a person to be
Heirs
represented is illegitimate, the right of representation is not 2.If there are two or more legitimate
available to illegitimate descendant of legitimate children in children or descendant surviving with the
inheritance of a legitimate grandparent. widow : The legitime of the legitimate
2.An illegitimate child, wanted to represent her legitimate children is ½ of the hereditary estate to be
father a legitimate child from inheriting from her grandfather’s divided equally between them the share of
estate. The court ruled that non marital children are barred the SS is equal to the share of the legitimate
from inheriting from their grandparents an other ascendant as children
they are covered by the term relatives. The supreme court
If the Legitimate children is entitled to ½ of the
called this prohibition the iron curtain rule.
legitimate legitime to be divided equally among them
 19

his or her spouse and estate while the legitime of

children is while the legitime of the illegitimate cihlren is
illegitimate children the illegitimate children is
survived by the ½ share of EACH legitimate child.
also 1/3 of the estate the
the
Note: In case the hereditary estate is not remain 1/3 of the estate is
illegitimate
sufficient to satisfy the legitime of ALL free portion.
children
compulsory heir the legitime of the legitimate
children shall not be reduced it is the share of
the illegitimate children that is reduced. Disposable free portion: Testamentary disposition that impair and
Ex: The Testator left a share of P1,000,000. diminish the legitime of the compulsory heir shall be reduced on
He is survived by legitimate children and five the petition of the same insofar as they may e inofficious or
illegitmate. The legitime of the two excessive.
illegitimate is P500,000 each . The legitime of
the illegitimate mustbe 125,000 each 1.The legitime of the compulsory heir must first be satisfied
however since the remaining portion is not before the remaining portion of the estate can be distributed in
sufficient to satisfy the share of illegitmate accordance with the express will of the testator.
children therefore, they will only be getting Computation of Legitimes
P100,000 as his legitime. 1.The value of property which remains at the time of the death
of the decedent is determined.
If together 1.The legitime of the legitimate children 2.All debts and charges not imposed on the will is to be
with the cannot be impaired deducted. If the debt or charges arises for the first time from
legitimate the will it is not deductible ( Asset- Debts = Net hereditary
2.The legitime of the SS prevails over the
children estate)
Illegitmate children
the testator 3. Net hereditary estate + all donation by the testator that are
is survived subject to collation = Distributable Estate
with the *The value of the estate subject to collation is determined at
other For example: The testator left an estate of
P1,000,000 was survived by two legitimate the time when the donation is made . This process includes
spouse and donation made not only in favor of the compulsory heir but
illegitimate children his widow and three illegitimate
children. The legitime of two legitimate also made in favor of the stranger.
children 4.After the amount of distributale estate has been determined
children is ½ of the estate P500,000. The
( Leg/ IL/ legitime of the widow is the share of the each and the legitime and free portion is ascertained donation
SS) legitimate child. The legitime of the which had been called to collation must next be imputed and
illegitimate child is ½ of the share of the charged against the corresponding portion of the estate .
legitimate child. However since the estate is
not sufficient it mustbe reduced. Rule on Imputation and reduction
1.Donation given to compulsory heirs are charged to the legitime.
2. Donation given to strange is charged to the free portion
*As long as the legitime is covered the donation is to be
Secondary Compulsory heir concur with concurring compulsory respected.
heirs Reduction of the Devisee and Legacies
1.in case of insufficiency the reduction of the devisee and legacy is
Legitimate Ascendant and Legitimate ascendant ½ of pro-rata without any distinction whatsoever except 1. If the
Surviving Spouse the estate testator has directed a certain devise or legacy be paid in
Surviving Spouse: ¼ of the preference to the others.
estate 2. If after annulling the legacy and devise the legitime cannot be
¼ free portion paid the ff are the rules :
Testator is survived by his or The legitime of the ascendant a. If there are two or more donation : The disposable portion is
her legitimate ascendant and consist of ½ of the estate not sufficient to over all of them those of more recent date are to
his or her illegitimate while the legitime of the be reduced.
children illegitimate children is ¼ of
the estate to be divided Rules in case of devisee subject to reduction should consist of
equally among them real property that cannot be divided the are the rules:
1.Real Property shall go to the devisee if the reduction does
Testator is survived by his The legitime of the ascendant not absorb ½ of the value : Otherwise it goe to the compulsory
legitimate ascendant his or consist of ½ of the estate heirs with reimbursement in either case for what belongs to
her spouse and illegitimate while the legitime of the SS is the other
children 1/8 of the estate while the 2.If the devisee is also entitled to legitime he may retain the
legitime of the illegitimate entire property provided that
child is ¼ of the estate the a.The value does not exceed that of disposable portion
remaining 1/8 is the free b.Its value does not exceed the share pertaining to him as
partition legitime
If the testator is an Parents: ¼ of the estate and c.The rule applies even if the reduction of the devise should
illegitimate person and he is the surviving spouse is absorb more than ½ of the property
survived by his or her parent entitled to ¼ of the estate the
and his or her spouse remaining ½ is free portion -if this right is not availed of the property is to be sold in the
If the testator is survived y SS: 1/3 of the hereditary public auction at the instance of an of the interested parties.
 20

3.The heir causes the testator to make a will or to change one

already made by fraud, violence, mistake or intimidation.
f. Disinheritance 4.unjustifiable refusal to give support

Remember: Th ff are causes that give rise to vacancy 4. Disinheritance due to refusal to give support.
1.Predecease 2, Incapacity 3. Disinheritance 4.Repudiation 1.Disinheritance of children and descendant when the latter
refuses to support his or her parent
General Rule: The testator cannot deprive his compulsory heir of 2.Disinheritance of parent or ascendant when the latter refused to
their legitime support the children
3.For disinheritance of spouse unjustifiable support the children
Exception: A compulsory heir may in the consequence of a valid or the other spouse.
disinheritance be deprived of his legitime
Disinheritance of children or descendant:
REMEMER ULIT: In disinheritance, it annuls the institution of the 1. Disinheritance of children and descendant when the latter
heirs but only insofar as it may prejudice the person refuses to support his or her parent
disinherited. In preterition it annuls the institution of heir unless 2.When the child has been convicted of adulterty or
there is testamentary disposition in the form of devises and concubinage with the spouse of the testator
3.Maltreatment of the testator by word, or deed by the child
legacies.
or descendant
4.When a child or descendant leads a dishonoale or disgraceful
Ex: The testator disinherited A one of his children and disposed
his whole estate in favor of his other children B and C and to life
5.Conviction of a crime which carries a penalty of civil
brother Y in equal shares. The estate of the testator is P1.2
Million. If the disinheritance of A turns out to be invalid, A is interdiction
entitled to get his legitime.
If the testator disposed of the free portion Disinheritance of Parents and ascendant :
In this case, the legitimate children is entitled to ½ of the 1.Support
estate and that is P600,000to be divided between A, B, C. Here 2.When the parents have abandoned their children and
, A will only get his legitime as to P200,000 th rest of the estate introduced their daughters to live a corrupt or immoral life
in the amount of disposable portion is divided equally 3.When the parent or ascendant is convicted of adultery with
between B, C and Y. B and C will get ( P200,000 legitime the spouse of the testator
+200,000 free portion) 4.Loss of parental authority
If the testator did not dispose of the entire free portion: The 5.Attempt by one of the parent against the life of the other
invalidly disinherited heir will get a share in the free portion unless there is reconciliation
due to intestate succession
Disinheritance as to the spouse
1. For disinheritance of spouse unjustifiable support the
Requisites for a valid disinheritance children or the other spouse.
2.When the spouse has a just cause for legal separation
1.The disinheritance must e effected through a will 3.When the spouse has given grounds for the loss of parental
-The legal cause must be specified in the will itself. authority.
2.The legal cause must be specified
-Disinheritance is not effective when 1. Without specification as to Art. 1032. The following are incapable of succeeding by
the cause 2. Cause the truth of which if contradicted is not proven reason of unworthiness:
3.Fr the cause which is not one of those provided for by law. (1) Parents who have abandoned their children or induced
3.Which cause must be one that is authorized by law their daughters to lead a corrupt or immoral life, or attempted
4.And the truth of which must be proven if contradicted against their virtue;
5.The heir disinherited must be designated in such a manner that (2) Any person who has been convicted of an attempt against
there can be no doubt as to his identity the life of the testator, his or her spouse, descendants, or
6.The disinheritance must be unconditional or total ascendants;
(3) Any person who has accused the testator of a crime for
which the law prescribes imprisonment for six years or more, if
Legal causes of disinheritance the accusation has been found groundless;
1.When there is a conviction of final judgment of an attempt (4) Any heir of full age who, having knowledge of the violent
against the life of the testator , his or her spouse, descendant or death of the testator, should fail to report it to an officer of
ascendant the law within a month, unless the authorities have already
Factors: taken action; this prohibition shall not apply to cases wherein,
1.There is existence of intent to kill according to law, there is no obligation to make an accusation;
2.The guilty heir is convicted of a crime of final judgment (5) Any person convicted of adultery or concubinage with the
spouse of the testator;
2.When the testator is accused of a crime for which the law (6) Any person who by fraud, violence, intimidation, or undue
prescribes an imprisonment for six years or more if the influence should cause the testator to make a will or to change
accusation is found to e groundless or false one already made;
-Here there must be a judicial declaration finding that the (7) Any person who by the same means prevents another from
accusation is groundless or false . making a will, or from revoking one already made, or who
supplants, conceals, or alters the latter's will;
(8) Any person who falsifies or forges a supposed will of the
 21

decedent. (756, 673, 674a) 1.Compulsory heir:The legitime cannot be burdened, the

In cases falling under Nos. 2, 3, or 5 above, it shall be compulsory heir cannot be burdened by the charge beyond the
necessary to wait until final judgment is rendered, and in the amount of the free portion.
case falling under No. 4, the expiration of the month allowed 2.Legatee or devisee: Cannot be liable beyond the extent of the
for the report [Article 1034, Civil Code]. value of the legacy and devisee.
Note: In case of unworthiness if the testator had knowledge of
the cause of unworthiness at the time he made his will but Liabilities:
nonetheless instituted an unworthy heir the cause shall be 1.In case of loss or destruction: The heir is liable , in case two or
without effect. The same effect is also stated whe n the more heirs are at fault they are to be liable solidarily.
testator validity condones the heir through writing. If the heir 2.In case of eviction: If the legacy or devise is indetermine in kind
has committed an act of unworthiness the law requires that the heirs are liable of warranty against eviction, if the legacy is
to rrestore the right of an heir to inherit a written pardon determinate the heirs are not liable.
must be executed by the offended person or that he orshe Ex: If the thing is bequeathed totally lost during the lifetime of
must have instituted the unworthy heir despite knowledge. the testator or after his death without the fault of the heirs the
person obliged to py the legacy or devise shall be liable for the
Effect of reconciliation: eviction if the thing bequeathed if not determinate as to its
1.The reconciliation between the offender and the offended kind.
person deprives the latter of the right to disinherit therefore the
disinheritance made is void.
-There is no required form in case of reconciliation. Legacy of things partly owned by the testator
If the grounds of unworthiness are similar to that of disinheritance General Rule: If the testator only owns a part of the thing or
and the testator submits it on the rule of disinheritance among interest bequeathed it is understood to be limited to such part or
which the reconciliation renders the disinheritance as ineffective interest.
he can no longer be incapacitated. Exception:
1.Unless it can be clearly shown form the will that the testator
Effect of disinheritance intended to convey less interest
1.The right to disinherit is personal to the heir, Hence in cases he 2.When the testator conveys that it intends to bequeath an
and the children or descendant only the disinherited heir is interest in its entirety
deprived of his right to the legitime but his children or descendant a. An express declaration to that effect appearing in the will itself
can take place and preserve his right to legitime by right of b.Knowledge on the part of the testator that the thing belongs to
representation. The disinherited parent however is prohibited a third person ( This must appear in the will or competent
from even havinga usufruct over the property. evidence)

Example: The testator instituted as heirs to his entire estate Effects of partition:
valued at P1.2 Million his children A and B and his friend F. In the 1.Physically indivisible : Property is adjudicated to third person
same will, the testator validly disinherited his child C. C has a a. The testator has not expressly declared that he bequeaths or
child . In distributing the share the legitime of the children in the devises the property in his entirety
amount of P600,000 must first be satisfied. The amount of - The legacy or devisee is without effect.
P600,000 is divided into three equal share P200,000 eahecause b. If the testator has expressly declared that he bequeats the
the child of C, X is entitled to get the share of C by right of property in its entirety
representation. As to the portion in the free portion it shall be -The transfer annuls the legacy or devise only as to the part that
divided equally between A, B and F. formerly belongs to him and which has passed to the third
-If there is no child the share will be divided between A and B person but leaves effective the legacy or devise with respect to
equally. the part belonging to third person and which continues to belong
-Note : Ulit !! The right of representation only applies to legitime to the latter.
this pertains to all amount that can be passed to the heirs by
operation of law including the amount that pertains to him as Legacy or Devise of a thing belonging to another
intestate heirs. ( kaya makakauha din ung representative sa 1.If the testator believed that it was his but it was not the legacy
intestate part) or devise is void but afterwards the thing is acquired by the
testator or whatever title the devise is valid.
2.If the testator knew that it was not his:The legacy is valid even
though the thing may belong to the other the testator may order
g. Legacies and devises that the thing be acquired in order to be given to the legatee or
devisee
Devises: Gifts of real property by virtue of a will a. If there is an obligation to acquire: It belongs to the devise,
Legacies: gifts of personal property give by a will. legatee in the absence of any designation the executor
b.If the thing cannot be acquired the legacy remains validthe
Q: Who is in charge of the payment of legacy? heir or estate should just give a just equivalent
-If there is a chage on the heir: he alone must be bound If there is not express order for acquisition the legacy is still valid
-If there is no charge on heirs: They are liable in the same because it is presumed that the intent is that the thing
proportion which they inherit. bequeathed or devised must be acquired by the executor or
administrator of his estate or by the heirs.
General Rule: It is the administrator or the executor who is
charged for the payment of legacy, as far as the heir or legatee or Legacy or devise of a thing belonging to devisee or legatee
devisee are concerned. This is a burden upon the estate. a.If at the time of execution the thing already belonged to the
Limits: legatee or devisee the legacy or devisee is ineffective:
 22

Exception:
Rules: 1.When it is expressly so declared by the testator the creditor
1.In case the legatee or devisee alienates the thing to a third shall have the right to collect any excess of the credit or legacy or
person the legatee or devise is still ineffective even though there devise.
is a charge in favor of a third person the legacy is void
Exception: Note: In order to have a legacy in favor of the creditor is must be
1.If it was in favor of the testator himself and it concerns the expressly stated, an instruction to pay a debt is not a
latter’s possession at the time of his death the legacy is valid. testamentary disposition but merely a direction to discharge the
2.Even if the thing is burdened by a charge or encumbrance of a civil obligation. If the testator orders the payment of what he
third person the same is void except if the testator expressly believes he owes but does not owe the disposition is not written
states that the charge be extinguished.
ALTERNATIVE LEGACIES OR DEVISES
b.If at the time of the execution of the will the thing did not Alternative: When the testator bequeaths one or two or more
belong to the legatee or devisee but the later subsequently things that he designates.
acquired the same Choice: It is on the part of the heir upon whom the obligation to
1. Originally belong to third person at the time of execution of the give the legacy or devise if no heir is obliged the executor or
will and the testator did not know of such fact ( that the thing administrator
belong to a third person) the legacy is void even though it was
subsequently acquired Generic Legacy or Devise
- if the thing was acquired onerously: The legatee or the devisee A generic personal property legacy is valid even if there be no
can demand reimbursement form heirs things of the same kind. A devise or real property that is
-If the thing was acquired gratitiously: the latter an claim nothing indeterminate shall be valid only if there be immovable property
of its kind of the estate.
c.If the thing was owned by the testator at the time of the
execution of the will and acquired subsequently y the legatee or It is the administrator that has a right of choice who must comply
devisee with the legacy through the delivery of a thing which is neither
-If acquired from testator by legatee or devise: If gratitious no inferior nor superior quality. Once the choice is made this is
reimbursement if onerous the legatee or devisee should still be irrevocable
entitled to the price paid
Q: When does the right of the legatee or devisee vest?
Implied revocation: When the testator alienates the property to a A:The right is acquired from the moment of the testator death
third person from which the legatee or devisee acquired it by this right can be transmitted to the heirs of the legacy or devise.
onerous title there is no revocation this is implied revocation of
the legacy or devisee. a. Specific and determinate: The legatee or devise
Legacy or devise of thing pledged or mortgaged acquires ownership thereof upon the death of the
Rule: The estate is obliged to pay the debt and remove the testator together with the fruits and income which
encumbrance unless the contrary intention states even after the remains to be ungathered
execution of the will. b. Not specific and not determinate: The obligation to
-As to any charge be it perpetual or temporary with which the deliver arises only upon the making of the selection,
thing bequeathed is burdened the same passes to the legatee or the fruits and income belong to the legatee or devisee
devisee. only at that time.
EXCEPTION: The fruits and interest from the time of
Legacy of credit death of the testator shall pertain to the legatee or
This refers to the credit that the testator has against a third devisee if the testator expressly orders.
person. The credit is limited only as to those that exist at the time
of the death of the testator. The estate complies with the legacy Rules on Preference
assigning to the legatee all the rights of action it has against the *When the question of preference is exclusively among the
debtor. legatee and devises themselves either because there are no
Implied revocation: When the testator after having made the compulsory heir or the testator has provided sufficient property
disposition bring an action against the debtor for payment of his 1.Remunetaroy legacy or devises
debt even if the payment should not have been effected at the 2.Legacies or devises declared y the testator to e preferential
time of death. 3.Legacies for support
Legacy of Remission of debts 4.Legacies for education
1.Specific Legacy for remission of definite debt 5.Legacies or devises of specific determinate thing that forms a
-Only as to the part of debt that exist at the time of the death of part of the estate
the testator 6.All others pro rata
2.Generic Legacy for remission of all thedebts of legatee Revocation of legacy by operation of law
-This includes all the debts that is existing at the time of the 1.If the testator transform the thing bequeathed in such a manner
execution of the execution of thw ill but not subsequent ones that it does not retain either the form or denomination it had
3.Legacy to the debtor of the thing pledged 2.if the testator by any title or for any cause alienate the thing
-This is understood to discharge only the right of the thing bequeathed or any part thereof it is understood that the legacy is
pledged. without effect only with respect to the part alienated.

Legacy in favor of the Creditor:

General Rule: The legacy or devise made to the creditor shall not C. Legal and intestate succession
be applied to his credit
 23

a. General provision: relationship and right of legitimate child, his illegitimate child cannot represent him in
representation the succession of the estate of the grandfather. An illegitimate
child is prohibited to inherit intestate from the legitimate
Intestate succession: That which takes place by operation of law relatives of the parents( Iron bar rule). Note that if the person
in the absence of a valid will. to be represented is illegitimate his descendant whether
legitimate or illegitimate are allowed to represent him
When does legal succession take place? 2.Adopted child: The adopted child cannot represent the
1.The person dies without a will or when the will is void adopter with respect to the estate of the parents of the
2.When the will does not institute a heir or when the will does not adopter. The relationship created by adoption is between the
dispose of all the property that belongs to the testator. adopting parent and the adopted child and does not extend to
3.When voluntary heir repudiate the inheritance and no blood relatives of either party. This means that the children of
substitution and right of accretion the adopted child cannot represent him in the estate of the
4.When a compulsory heir repudiate the inheritance because legal adopter.
succession cannot take place with respect to the legitime
5.When there is preterition in the testator will of compulsory heir
Note: A person may represent him whose inheritance he has
in the direct line
renounced
Ex: A son who repudiated the share he was entitled to receive
Legal Heirs : Legitime and illegitimate relatives of the deceased
in the succession of his father when the latter died can still
and the surviving spouse and the state
represent the latter in succession of the grandfather who died
subsequently. The person representing does not succeed from
Rules Preference of the lines:
the person represented but simply takes in place to succeed in
1.Those in direct descending line shall exclude those in the direct
inheritance of the other representative
ascending line and those in the direct ascending line excludes the
collateral line
- Exception: The spouse and the illegitimate children are not 3.Representation is only by degree: Representation obtains
excluded in the direct descending line. degree by degree thus a sun represents his father, the father
Ex: In default of the legitimate children the descendant and represent the grandfather and so on. If the father repudiates
legitimate parent and ascendant shall inherit form him to the his inheritance from the great grandpa the son cannot inherit
exclusion of collateral relatives. from the great grandfather
Rule on Proximity and Rule on Equal Division
1.The relatives in the nearest degree excludes the more distant Succession by Operation of law
one except in cases where right of representation takes place. 1.Right of representation only applies to inheritance conferred by
General Rule: Relatives of the same degree shall inherit in equal law 1. Legal or intestate 2. Testamentary succession only with
shares respect to the legitime.-Only the compulsory heir is to e
EXCEPTION: represented.
1.If brother and sister of full blood survive with brother and sister
of half blood the former inherits to share double that of the latter. Who can be represented:
2.If there are ascendant as to both line, ½ goes to maternal ½ goes *The right of representation may take place in the descending line
to paternal the division is per cpaita and in the collateral line only in favor of nephews and nieces but
3.Succession by right of representation, the division of the estate never in the ascending line :
is per stripes in such a manner that representative shall not inherit 1.A legitimate child or descendant of the testator may be
more than what the person they represent will inherit represented only the legitimate descendant may represent him
but not his illegitimate descendant.

Barrier Rule
Right of Representation: This is a right created by fiction of law by Note : Barrier rule, an illegitimate descendant cannot inherit from
which the representative is raised to a place of the person the legitimate relative of his parents
represented and that the later acquires the right which the latter Exception: An illegitimate child may be represented either by his
would have if he were living or if he could have inherited. The legitimate or illegitimate descendant.
representative steps in to the shoes of the person he represents Adopted Child
An adopted child may not be represented because the children or
an succeeds not from the latter but from the person to whose
descendant of the adopted are not related to the adopter. The
estate the person represented would have succeeded.
children of the adopted are total strangers to the adopter.
Notes:
Collateral Blood Line
1.The representative is only entitled to a share of the person A brother and sister may be represented by his children when the
represented latter survive with uncles and aunts with whom they concur in
2.The representative does not inherit from the person succession. ( Nephews and Neicesmust survive with the uncles
represented but from the decedent. ( per stripes: Right of and aunts)
representation)
The representative does not succeed the person represented Cases when the right of representation concurs:
but the one whom person represented would have 1.Predecease: In case of predecease, the law allows the
succeeded. Therefore, the representative himself must be representation of a legitimate child in case of predecease.
capable of succeeding the decendent Example: A predeceased his father F and he left two son B and
Limitations : C. C was previously convicted of an attempt against the life of
1.IRON BAR RULE:If the person to be represented is a F. In this situation only B can represent A in the intestate of
 24

their grandfather because C is incapacitated to succeed from A 5.Brothers and sister and or nephews and nieces
but form F so his capacity to succeed shall be reckoned from F 6.The other collateral relatives within the six civil degree
and not from A. 7. State.

2.incapacity: If the child or descendant is incapacitated his

children or descendant shall acquire the right to his legitime. Note Rule 1: The direct line excludes the collateral line but the
that this principle also applies in case of legal or intestate surviving spouse and the illegitimate children concur with the
succession. direct line
3.Disinheritance : Children and the descendant of the person
disinherited to take his place retain their rights as compulsory -If there are ascendant and descendant the collateral blood
heirs in respect to the legitime. relatives cannot inherit in intestate succession.

No Representation in case of Repudiation Exception:

Repudiation of Legitime
Heirs that repudiate their shares shall not be represented, the 1.The Surviving spouse and illegitimate children always inherit
other heir succeeds to their own right and not through right of together with the legitimate descendant or legitimate ascendant
representation. of the decedent.
Example: The testator executed a will instituting A, B and C as his
legitimate children. I his illegitimate child and W as his spouse and Rule 2: The direct descending line excludes the direct ascending
F his friend as sole heirs to his estate worth P18 million. A line. The ascendant will only inherit in the absence of
repudiated his share as to the inheritance. A here is both a descendants.
compulsory and voluntary heir. What does each party get?
Rule 3: The legitimate descendant are first in line to the order of
Ans: The concept of legitime only applies to the disposable free succession.
portion. Since a repudiated his inheritance including the legitime -The presence of the legitimate descendant excludes the
he cannot be represented y his children or descendant with ascendant and collateral relatives.
respect to legitime. The vacant p Proximity: The relatives nearest in degree excludes the more
Therefore : distant one except when the right of representation properly
Legitime ( ½ FP = P9m) takes place. ( Therefore, the children excludes the grandchildren
B gets : 3m except when the grandchildren inherits through right of
C gets : 3m representation)
Share of A repudiated : Will be divided to B, C , F,I , W EQUAL Division: The children of the deceased inherits from him in
their own right dividing the inheritance in equal shares even if
Repudiation in intestate succession they come from different marriage.
In legal succession the share of the person who repudiates the
inheritance accrues to the co-heirs and the heirs to whom the Right of Representation
portion goes by right of accretion takes it in the same proportion Definition: The rule of proximity in the direct descending line is
they inherit. subject to the right of representation in case of predecease,
incapacity or disinheritance of one or some or all of the children.
Example: The decedent died intestate leaving an estate worth
P1.2 Million Pesos, He was survived by the following A and B ,his a.Disinheritance: The right of representation of the disinherited
children Y child of A, X child of C who is another child of the heir by his children and the descendant with respect only to the
decedent who predeceased him. If A repudiated his share the legitime the provision must be understood as everything that is
shareof the estate will be divided into three parts of P400,000 applicable to everything that is passed to the disinterested heri
each. B will get P400,000 on his own right X will get the share of C including he amount that pertains to him as an intestate heir.
in the amount of P400,000 by right of representation. The part
rendered vacant because of A’s repudiation does not go to Y Per capita vs PER Stripes
instead it will accrue to A's co heir which is B In case the decedent has children, the children inherits on their
own right and the grandchildren by right of representationin case
Q:The decedent died intestate leaving an estate worth P1.2 the children died ahead of the decedent. ( If namantay si
Million. He was survived by A, B, C his children M a child of A O decedent automatic sa anak na nya ung mana, pero if naamntay
and P children of B and X,Y,Z children of C. If A,B,C repdudiated anak nya before the decedent, ung apo nya will inherit the share
their inheritance they cannot be represented by their children nung anak based on the right of representation)
instead their grandchildren will he inheriting based on their own Examples:
right and the estate is divided into six portion of P200,000 each to 1.In case of predecease or disinheritance of one of the children :
be distributed to the six grandchildren. Therefore the P200,000 There is no right of representation of the child does not have an
are to be distributed to MOPXYZ. hei the other child inherits base on his own right
Example:
b. Order of intestate succession The decedent has three children, A, B,C but A either died ahead of
the decedent or was validly disinherited and he has no heir the
Memorize share of the estate will be divided equally between B and C
1.The legitimate children and descendant 2.In case of incapacity of one of the children and the right of
2.Legitimate parent and ascendant representation cannot take place
3.Illegitimate children and the descendant -The vacant portion of the children in case of incapacity shall be
4.Surviving spouse accrued based on :
*direct line excludes the collateral line
 25

Example Answer:
The decedent has three children A, B, C, A is incapacitated to It depends. If both of them are legitimate then they can inherit
inherit and he has no children or descendant B predeceased the intestate from each other .If X is legitimate while Y is illegitimate
decedent but left a child X here the estate is to be divided as they cannot inherit ab intestate form each other under t harrier
follow: rule. The law prohibits the reciprocal succession between
A illegitimate children and legitimate children of the same parent
B goes to X based on right of representation even though there is unquestionably a tie of blood between them.
C= 1/3 Note: If X and Y are both illegitimate they can inherit form each
The share of A the same accrues in favor of the co-heir in the other
same degree and that is C HALF BLOOD FULL BLOOD
3.In case of repudiation by one or some but not all of the Full Blood illegitimate brothers and sisters should receive double
children the portion of the half blood brothers and sisters and if all are
The vacant share or shares shall always accrue to the co-heirs if all either of full or of half blood they are to share equally.
the children repudiates their shares, the grandchildren will inherit
in their own right Application
Spouses and Illegitimate SS= Share of legitimate 1.The illegitimate children cannot represent their father in the
children concur with the children succession of the later to the intestate of his legitimate mother
legitimate descendant Illegitimate children = 2x because of the barrier provided under Article 992 of the Civil
( Share of legitimate children) Code. The right of representation is not available to
illegitimate descendant of legitimate children in inheritance of
Note: The concept of legitime a legitimate grandparent
no longer applies in intestate 2.The illegitimate children of the legitimate child cannot
succession except when the inherit from the latter’s legitimate brother.
illegitimate children concur
with the legitimate children
and the former outnumbers Rule 5: In the absence of legitimate children or descendant the
the latter in such a way that it legitimate parents and the ascendant shall inherit ( 2 nd in line to
will impair the legitime of the the succession)
legitimate children Effect if Ascendant inherit: If there are ascendant no collateral
blood relatives can inherit but the surviving spouse and the
illegitimate children shall inherit with the ascendant.
Note:
1.In case the legitime of the 1.Rule of Proximity: The rule of proximity applies, if both the
legitimate child is impaired, father and the mother survive they are to survive in equal shares .
the shares of the legitimate Should only one of them survive the share pertaining to the
children are to be restored as ascendant shall pertain to the survivor because the deceased
a consequence the share of parent cannot be represented by his or her ascendant.
the illegitimate child is to be
deducted In the absence of ascendant , the ascendant nearest in degree
2.if there is impairment of shall inherit.
the estate of the legitimate Example: The decedent who died intestate was survived by his
child th estate is to be paternal grandfather and both grandparent in the maternal side.
distributed according to the Here one half of the estate goes to the paternal grandfather an
rules of legitime the other half goes to the maternal grandparents , lola P250k Lolo
250k.
Rule 4: Iron Curtain Rule
Definition: An illegitimate child is prohibited to inherit ab Representation by the ascendant
intestate from the estate of the legitimate children and relatives The law does not allow the representation of the ascendant. The
of his father or mother nor shall children or relatives inherit in the law provides that the right of representation takes only in placeo f
same manner from illegitimate child the direct line but never in the ascending line
Scope: The barrier rule only applies in intestate succession it
cannot apply to testate succession Surviving spouse and 1.Illegiitmate children
illegitimate children concur +Legitimate children ( ½ ½)
1.The illegitimate child cannot succeed intestate to the legitimate with the legitimate ascendant 2.Widow survive with the
father or mother of his natural parent. legitimate parent ( ½ ½)
2.Right of representation( The determining factor in legitimacy or 3.Legitmate ascendant , SS
illegitimacy of the person to be represented if the person to be and Illegitiamate ( ½ ¼ ¼)
represented is an illegitimate child then his descendant whether
legitimate or illegitimate many represent him however if the Rule 6: In the absence of legitimate descendant and ascendant
person is legitimate his illegitimate descendant cannot represent the illegitimate children shall inherit the netire estate of the
him deceased if the deceased had no surviving spouse. If the
deceased left without a widow or widower the surviving spouse
Example: shall inherit with the illegitimate children .
A begets X with B and Y with another woman C then X and Y Effect if illegitimate children survive : The collateral blood relatives
would be brothers and sister but a half blood relationship can of the decedent cannot inherit but the surviving spouse cannot
they succeed? inherit together with the illegitimate children. If a widow or
 26

widower survives with the illegitimate children the surviving Barrier Rule: If all the brothers and sisters are legitimate they can
spouse is entitled to ½ of the estate an the illegitimate children to inherit from each other whether they are full or half blood. If
the other ½ ( SS + illeg children) some are legitimate brother and sister while the others are
illegitimate brother and sister the latter cannot inherit form the
1.Right of representation of illegitimate child: The illegitimate former and vice verse nder the barrier rule.
child can be represented by his descendant whether the
descendant are legitimate or illegitimate. In a former marriage, F has two legitimate children A and B. In
the subsequent marriage he had three children X, Y,Z . F also
Illegitimate child : The illegitimate child to be entitled to ha three illegitimate children with P namely Q, R,S . Aside from
successional right from the putative or presumed parent must P, G also has two illegitimate children with O namely M, N.
prove his filiation from the latter. However the action to compel Here A,B,X,Y and Z can inherit from each other but they cannot
recognition may also be integrated with the action to claim inherit from Q, R, S, M, N , On the toher hand Q,R,S,M,N can
inheritance. An action to compel recognition and the other to inherit from each other but they cannot inherit form A,b,x,y,z
claim inheritance may e joined in one complaint since the proof of
filation is to be made upon the death of putative or presumed Right of representation: The law allows representation only in
parent. favor of the children of deceased brothers and sisters whether
they be full blood or half blood but only when they survived with
How to Establish Filiation their uncles and aunts. The nephews and nieces inherit by right of
1.When filiation is established by a record of birth appearing in representation or per stripes while the brothers and sister of the
the civil register or final judgment or an admission of filiation in a decedent inherit by their own right or per capita
public document: The action for recognition may be brought by
the child during his or her lifetime. Rule 9: If there are no descendant ,ascendant illegitimate
2.If the action is based upon the open , continuous status of the children or their descnednat surviving spouse , brothers sister
illegitimate child: It may only be brought during the lifetime of the and nephews and nieces the other collateral blood relatives
putative parent. Therefore upon the death of the putative parent succeed to the estate.
the only evidence allowed under the law would be a record of 1.Only upto the fifth degree: In the collateral line right to inherit in
birth appearing in the civil register or a final judgment or an the intestate succession shall not extend beyond the fifth degree
admission of illegitimate filiation in a public document. of relationship from the decedent
Rule of Proximity: The second group of collateral blood relaties
Rule 7: In the absence of the legitimate descendant and the rule of proximity is an absolute wrule . Within this group the
ascendant and illegitimate children and their descendant right of representation does not apply. ( The 5 th degree cannot
whether legitimate or illegitimate the surviving spouse shall inherit with the 4th degree)
inherit the entire estate without prejudice to the right of the 2.The only limitation here is proximity, there is no preference
brothers and sister to inherit if there is any. within the same degree, hence relatives of the same degree shall
succeed among them by reason of relationship by whole blood.\
The Spouse does not exclude the brothers and sister because the
spouse is not of direct line. Rule 10: In default of person entitled to succeed in accordance
with the laws of intestate succession the state inherits the wole
1.The spouse inherits with the brothers, and sisters and nephews estate
excluding other collateral blood relatives. 1.Before the state can take the property there must be an escheat
2.Should brothers and sisters or their children survive with the proceeding or else the state does not become the owner of the
widow or widower the surviving spouse shall be entitled to one property ipos facto
half of the inheritance and the brother and sister entitled to the Distribution of properties
other half. 1.Pay the debt and charges first
2.Thereafter the personal property is assigned to the municipality
Rules: where the deceased last resided
1.If the marriage is void:Any interested party may still impugn the 3.The real estate on the other hand shall be assigned to the
existence of a void marriage even after the death of one of the municipality or city where the same is instituted
spouses and that the said marriage may be questioned directly by 4.If the deceased never resided in the Pihlippines the whole estate
filing an action attacking there validity thereof collaterally by shall be assigned to the municipality where it is located
raising it as an issue in proceeding for settlement of the estate of 5.The municipality or city makes use of the estate for the benefit
deceased spouse. of public school and public charitable institution and centers in
2.The innocent spouse if the latter is the decedent the offending municipality or cities.
spouse is disqualified to inherit by intestate succession
Prescriptive Period: A person legally entitled to the estate of the
deceased may file a claim with the court within five years from
Rule 8: If there are no descendant ascendant illegitimate the time it is delivered to the state
children or surviving spouse the brother sister and nephews and
nieces shall succeed to the entire estate of the deceased
1.The group of brothers and sisters and nephews and nieces Estate of the Illegitimate decedent
2.Collatearl blood relatives upto the fifth degree from the Rule 1:
decedent. 1.If there are legitimate children or their descendant the
-They can only inherit when there are no descendant, ascendant illegitimate parent shall not inherit.
illegitimate children and surviving spouse , brothers, sister and 2.if there are illegitimate descendant the illegitimate parent
nephews and nieces. cannot inherit.
 27

3.if there are no descendant whether legitimate or illegitimate the Note:If the recovenyance of the property is no longer possible due
illegitimate parent can succeed to the entire estate. to the fault of the reservista, the estate of the reservista answers.
4.If the brothers and sister survive with the surviving spouse they
are entitled to ½ ½ of he share Right to convey mortis causa: The reservista cannot be
5.if there are no children or descendant whether legitimate or transmitted by a reservista to his or her own successor mortis
illegitimate the illegitimate parent and surviving spouse the causa so long as the reservatario within the third degree from the
brother and sister nephews and nieces inherits the entire estate. prepositus is alive when the reservista dies.
6. If none, it is the state that inherits.
Right of the Reservatario
RESERVA TRONCAL 1.The reservatario only has an inchoate and expectant right during
1.PREPOSITUSORIGIN the property is transmitted to the the lifetime of the reservista. Upon the death of the reservista,
prepositus. The origin must be the 1. Ascendant of the latter 2. this right becomes absolute so long as he resolutory condition is
His rother or sister of the prepositus. pending.
-Ang origin ay either tatay or brother or sister of the Upon the death of the reservista: The reservatario becomes by
prepositus. operation of law the owner of the property. Therefore, prior to
-The property must be acquired by the prepositus from the the death of the reservista, the reservatario does not have the
origi through a gratituous title such as donation and succession right to impugn the conveyance made by the reservista.
2.RESERVISTAFrom the prepositus the property is transferred
to the Reservista. Rights/Remedies:
-The reservista is another ascendant of the prepositus and not 1.Even during the lifetime of the reservista the reservatariou who
the origin . Different line, if the property goes backto the origin are ultimate acquirers of property can asset the right to prevent
there is no reserva troncal the reservista from doing anything that will frustrate their right
-The reservista inherited the property either as the legal heir hence they can compel the reservista to annotate their right in
or the compulsory heir of the prepositus. It must not be by the registry of property even while the reservista is alive. This will
virtue of a will prevet third persons from acquiring property in good faith.
3.RESERVATARIO:This is the legal heir of the prepositus who is
within the third degree from the latter and who belongs to the Determination of reservatariois
line from which the property came from and for whom the 1.Must be within third degree from the prepositus. The person
property is to be reserved y the reservista. from whom the degree should be reckoned is the descendant
prepositus. The reservatarios does not inherit from the reservista
but from the prepositus of whom the reservatarois are hers
Properties involved in reserva troncal mortis causa subject to the condition that they must first survive
1.Origin: The ascendant or brother or sister from whom the the reservista.
property was received by the descendant by lucrative or 2.He belongs to the same line from which the property came
gratuitous title ( Origin) from. T be considered as coming from the same line from which
2.The descendant prepositus who reserved the property the proeprty came it is required that the reservatario should be
3.The reservoir ( reversista) who received the property by related by blood not only from the prepositus but also to the
operation of law other origin Only the can it be considered as belonging to the line
4.Rerservatario : This belongs third degree from the prepositus which the property came from
and belongs to the same line where the property came from.
Note: Reserva troncal merely determines the group of relatives to
Requisite of reserva Troncal whom the proeprty should be returned within that group an
1.That the property was acquired by descendant from the individual right to the property is to be decided by instate
ascendant or form a brother or sister byg gratuitous title succession :
2.The said descendant died without an issue
3.That the property inherited y another ascendant by operation of Collation:
law Definition : The return to the hereditary estate of the property
4.That there are relatives withi the third degree belonging to the disposed of by lucrative title by the testator during his lifetime.
line in which the property came from.
Rules in case of Collation
Right of the Reservista : In reserva troncal the reservista who 1.The value of the property which remains at the time of the
inherits from the propositus whether by latter’s wish or by death of the decedent shall be determined
operation of law acquires the inheritance by virtue of a title 2 Net Estate ( Gross estate – Debts).All debts and charges that are
perfectly transferring absolute ownership imposed in the will shall be deducted.If the debt and charges
arises for the first time on the will itself as a unilateral act of the
He has the right to legal title or dominion over the property but testator, it is non-deducitle. The difference between the asset and
his right is subject to the rights of the reservatarios.If there are no the liability is net estate
living reservatarios at the time of the death of the reservista the 3.(Net estate +value of donation) =Distributable Estate The value
property is deemed neve to have been subjected to the reserva. of donation is subject to the collation is determined as of the time
when the donation is made
Right to alienate: The reservista has legal title and dominion over Note: Expenses for support ,e ducation and medical attendance
the property therefore he can dispose of the same by way of even in extraordinary illness, apprenticeship ordinary equipment
intervivos. Therefore, the right of alienation of reservable or customary gift is not to be included in collation.
property is subject to the resolutory condition meaning that if at 4.The distributable estate has been determined and the legitime
the time of the death of the reservista, there are reservatarios the and free portion ascertained donation which has been brought to
transferee must deliver it to the reservatarios.
 28

collation should be imputed and charged against the Note:

corresponding portion of the estate . 1.The testator can provide in the will that accretion does not
take place or accredtion does take place.
Imposition of donation 2.If there is a designated substitute it is as if the right of
1.The donation given to compulsory heir must be charged to their accretion cannot accrue a the share will go to the substitute
legitime. Exception 1. If the donor expressly so provides that
collation does nottake place 2.If the done renounces the Requisites:
inheritance 1.Two or more person are called to the same inheritance or to the
2. Other disposition chargeable to the legitime same portion thereof jointly or pro indiviso
a.If the testator provides that disposition is to be given by will to The right of accretion exist regardless of the fact that their shares
compulsory heir are equal or not. Hence accretion takes place if A, B ,C and D
b.Expenses incurred by parents in giving their chilren a inherits ¼ of the property or even if A is to inherit ½ B ¼ and D 1/8
professional vocational or other career if found to be inofficious -Here the heirs are designated in such a way that co-ownership
c.Any sums paid by the parent in satisfaction of the debts of his exist before them
children election expense fines and similar expenses
No right of accretion with respect to the legitime
Stranger : Any donation made to stranger shall be charged to that 1.Legitime : There is no right of accretion as to the legitime the
part of the estate which the testator can dispose due to last will part repudiated the co-heirs succeeds based on their own right.
and testament. 2.Free Portion: There is a right of accretion as to the free portion
the legal heirs receive the free portion with the same charges and
General Rule: If in case insufficient payment of legitime obligation.
a.The devises and legacies shall be pro rata be decreased 2.There is a vacancy in the inheritance as a result of 1.Predecease
b.The donation must be reduced or annulled as the case may be 2. Incapacity 3.Repudiation.
-If ther are two or more donation the disposable portion not Accretion in case of incapacity
sufficient to recover all of them those of more recent date shall be a.Repudiation: The share of the person who repudiate the
suppressed or reduced with regard to the excess. inheritance shall accrue to his co-heirs because there is no right of
-In case of concurrence of legitime donation intervivos and representation in case of repudiation
devises and legacy the rule in article 911 in which case provides Ex: The decedent died without a will and left an estate worth
that legacy and devises shall be reduced pro rata without any P1.2 Million was survived by his children A, B and
distinction or whatsoever. grandchildren X a descendant of C another child of the
decedent who predeceased him. All of the heirs of the same
REDUCTION of INofficious donation degree repudiate the inheritance in which case the right of
1.There must be an action for revocation filed in order to annul accretion cannot take place the relatives in the next degree
the inofficious donation. shall inherit in their own right and cannot represent the
2.An action for revocation or reduction of an inofficious donation person or person repudiating the inheritance.
prescribes in 10 years reckoned from the death of the donor b.Vacancy by reason of incapacity: If there are several relatives
decedent. within the same degree and one of them are unable to or
3.The fruits does not belong to the estate except those from the incapacitated to succeed his portion shall accrue to the others of
time of death however the done has the right to demand the same degree unless the right of representation takes place.
reimbursement from the compulsory heir of ; The right of representation comes first before accretion.
1.The necessary expense incurred by him for the preservation of
the property donated If the right of representation cannot take place because the
2.Imporvmenet made by him upon an immovable which have incapacitate heir has no children or descendant that can represent
increased its value an which exist at the time partition is effected him his share must accrue to the other co-heir of the same
Note: The done is not entitled to recover the ornamental expense degree. The accretion in intestate succession takes place in case of
but he has the right to remove the improvement if it will not repudiation and incapacity of one of the heir unless the
cause damage to the property. incapacitated heir is a child or descendant of the decedent who
has his own children or descendant because representation takes
place.
The decedent who died intestate and left an estate worth P1.2
Million was survived by A and B and X a child of C who
predeceased him. If A is incapacitated to inherit the estate will
D. Provision common to estate and intestate succession be divided into three equal parts
a. Right of accretion B: P400,000
X: P400,000
Definition: This is a right by virtue of which two or more person The part repudiated by A will accrue to B kasi same line sila.
are called to the same inheritance, devise or legacy the part
assigned to who renounces or cannot receive his share or who c.Vacancy in case of predecease: IN case of predecease and right
died before the testator accrues to that of the co-heir, co-devisee of representation cannot take place because the heir who died
and co-legatee. ahead of the decedent has no child or descendant the other heir
inherit based on their own right and not by accretion. Accretion
Accretion in testamentary succession: Legitime cannot take place in case of predecease.

1.Renuciation or repudiation of inheritance The decedent was survived by his children B and C. His other
2.Incapacity child A died ahead of him. In intestate succession the estate of
3.Predecease the decedent will only be divided into equal parts to be
 29

inherited only by and C. Since A died ahead of the decedent Conceived child: A child conceived at the time of death of the
and he has no descendant who represent him his civil decedent is capable of succeeding provided that
personality is extinguished upon death and is no longer a legal 1.The child is alive for at least 24 hours if it has an intra-uterine
heir. Therefore, B and C will acquire the share that could have life of less than seven months
gone to A based on their legal right and not right of accretion. 2.The child is alive even after a few hours if it has an intra-uterine
life of seven months.
d.Vacancy by reason of disinheritance Capacity: Is determined at the time of the death of the decedent
If the testator only provides for disinheritance in this will but did Governing law: law on the nation of the decedent
not provide for an affirmative disposition of the estate the estate Person disqualified to succeed : Testamentary
is distributed based on intestate succession.However If the 1.By reason of public policy
disinterested heir has children or descendant the latter may a.Those made in favor of a person with whom the testator was
represent him in intestate succession. guilty of adultery with concubinage at the time the will was
The testator made a will disinheriting his child A but he did not made
make an affirmative disposition of his estate in the will. Upon b.Those made in consideration of a crime which both the
his death he was survived by A, B, C and X the child of A. testator and beneficiary have bee found guilty
Assuming that the disinheritance is valid, the estate of the c.Those made in favo of a public officer or his spouse,
testator will be distributed by intestacy since he did not make descendant and ascendant by reason of public office.
any affirmative disposition of his estate in the will. Here the 2.By reason of undue influence and prohibition
estate will be divided into three parts because the share of A 1.The priest who have heard the confession of the testator
will go to his child X by right of representation. during the last illness or minister of the gospel that extended
spiritual aid to him during the same period.
2.The relatives of the priest minister of the gospel within the
If A has no children nor descendant that can represent him, B
fourth degree the church order , chapter or community
and C will acquire by their own right and not y right of
organization to which the priest or minister belongs
accretion the share that could have gone to A had the latter
3.A guardian with respect to the testamentary disposition
not been validly disinherited. He can no longer be counted as
given to the ward in his favor before final accounts of the
one of the legal heirs as consequence the estate is divided
guardianship have been approved.
between B andC
-If the testamentary disposition favoring the guardian is
executed prior to the approval of final accounts
Effect of ACCRETION:
4.Any attesting witness to the execution of the will, the spouse
1.The heir to whom inheritance accrue shall succeed t all rights
parents or children or any one claiming under such
and obligation which the heir who renounced or could not receive
witness ,spouse or children
it would have had except if 1. The testamentary succession if the
Excepton:If there are three other competent witness to such
testator provides for the contrary 2.In case of purely personal
will the disqualification does not apply
obligation that is transmissible
5.The physician surgeon nurse health officer or druggist that
took care of the decedent during his last illness
b. Capacity to succeed by will or by intestacy
Provision common between the Testamentary and intestate
Qualification to succeed by will and intestacy succession
1.Parents who have abandoned their children or induced their
a.Possession of juridical capacity daughters to live an immoral life or attempted against their virtue
2.Any person who has been convicted of an attempt against the
1.The testamentary disposition by the testator of property for life of the testator his spouse, descendant or ascendant
pious work or for the benefit of his soul is valid. Theexecutor with 3.Any person who has accused the testator of a crime for which
the approval of the court has the ff duties the law prescribes imprisonment for six years or more if the
accusation is found to be groundless
1.Deliver ½ of the proceed to the church or denomination to 4.Any heir of full age who having knowledge of the violent death
which the testator belongs of the testator fails to report it to an officer of law within one
2.Deliver ½ of the property to the state for the benefit of public months unless the authorities had already taken action this
schools, public charitable institution and centers. prohibition does not apply wherein according to law there is no
obligation to make an accusation.
Testamentary provision in favor of the poor in general without 5.A person convicted of adultery or concubinage of the spouse of
designation of particular person or community is valid. the testator
1.The distribution is to be given to the poor that is living at the -Note: The testator’s spouse who has been convicted of adultery
domicile of the testator at the time of his death unless it clearly and concubninage is not rendered unworthy by article 1032(5)
appears that the intention is otherwise.The designation of the except when there is a decree of legal separation on the ground of
person who are considered as poor and distribution of property is sexual infidelity the guilty spouse is disqualified to inherit from the
made by 1. Person appointed for such purpose 2.Executor innocent spouse.
3.Justice of peace who shall decide by majority of the vote of all
question that arises. Acts that cause unworthiness in relation to the testator’s will
are the ff
b.Not specifically disqualified by law 1.Causing the testator to make a will
2.Causing the testator to change the existing will
c.The heir, devisee or legatee must be living at the time the 3.Preventing the decedent from making a will
succession opens 4.Preventing the testator from revoking the will
5.Supplanting concealing or altering the will of the testator
 30

6.Falsifying or forging a supposed will of the decedent

(4) Any heir of full age who, having knowledge of the violent
#1-4: The acts must have een committed through fraud, death of the testator, should fail to report it to an officer of
violence and intimidation of undue influence the law within a month, unless the authorities have already
#5-6L The acts themselves execute in any manner causes taken action; this prohibition shall not apply to cases wherein,
incapacity. according to law, there is no obligation to make an accusation;

(5) Any person convicted of adultery or concubinage with the

Art. 1027. The following are incapable of succeeding: spouse of the testator;

(1) The priest who heard the confession of the testator during (6) Any person who by fraud, violence, intimidation, or undue
his last illness, or the minister of the gospel who extended influence should cause the testator to make a will or to change
spiritual aid to him during the same period; one already made;
(2) The relatives of such priest or minister of the gospel within
the fourth degree, the church, order, chapter, community,
organization, or institution to which such priest or minister (7) Any person who by the same means prevents another from
may belong; making a will, or from revoking one already made, or who
supplants, conceals, or alters the latter's will;

(3) A guardian with respect to testamentary dispositions given

by a ward in his favor before the final accounts of the (8) Any person who falsifies or forges a supposed will of the
guardianship have been approved, even if the testator should decedent. (756, 673, 674a)
die after the approval thereof; nevertheless, any provision -If the incapacity is by reason of unworthiness the ffect is that
made by the ward in favor of the guardian when the latter is there is an exclusion from the ENTIRE inheritance . The
his ascendant, descendant, brother, sister, or spouse, shall be unworthy heir looses everything that he could have received
valid; mortis causa

Effect of Pardon :
(4) Any attesting witness to the execution of a will, the spouse, 1.pardon: Expressly or impliedly the cause of unworthiness is
parents, or children, or any one claiming under such witness, without effect.
spouse, parents, or children; a. EXPRESS: When the decedent having knowledge of
the cause subsequently condones it in writing
(5) Any physician, surgeon, nurse, health officer or druggist b.Implied: When the testator has knowledge of the act
who took care of the testator during his last illness; institutes an offender as heir , devisee or legatee.
Obligation of Excluded heir
1.Obligaiton to return: The incapacitated heir is obliged to return
(6) Individuals, associations and corporations not permitted by
the property which came into his possession including the fruits
law to inherit. (745, 752, 753, 754a)
and rents that he or she may have received or could have
received.
Art. 1028. The prohibitions mentioned in article 739,
concerning donations inter vivos shall apply to testamentary Q: What happens if the heir had already alienated the property?
provisions. (n) A:
1.If the transferee is with good faith : The alienation is vlaid as to
1.If these are the grounds and the incapacitated person is both such transferee in such situation the remedy of the co-heir is to
a compulsory and a voluntary heir devisee or legatee only his recover damages from the disqualified heir.
share as a voluntary heir is rendered vacant. With respect to 2.if the transferee is not in good faith: The alienation is not valid
the vacant part, it will go to the substitute if available if there and the co-heirs may recover the alienated property from the
is no substitute it will go to the co-heirs, co -devisee or co- transferee.
legatee.
Right to recover necessary expenses: The unworthy heir has the
right to demand indemnity for the expenses incurred in the
Art. 1032. The following are incapable of succeeding by reason preservation of hereditary property and to enforce credits it has
of unworthiness: against the estate

Prescriptive Period: Five years from the time the disqualified

(1) Parents who have abandoned their children or induced person took possession thereof. The action may be brought by
their daughters to lead a corrupt or immoral life, or attempted anyone.
against their virtue;
(2) Any person who has been convicted of an attempt against c. Acceptance and repudiation of inheritance
the life of the testator, his or her spouse, descendants, or
ascendants; Acceptance

(3) Any person who has accused the testator of a crime for An heir, devisee or legatee may not be compelled to accept his
which the law prescribes imprisonment for six years or more, if inheritance. He is free to accept or repudiate.
the accusation has been found groundless;
Who may effect acceptance or repudiation:
 31

1.The heir ,devisee or legatee is capacitated to act and has the fee Q: What happens f the heir should die without having accepted o
disposal of the property, he may personally accept or repudiate repudiated the inheritance his right is to be transmitted to his
the inheritance. heirs.

2.In case of incapacitated person TESTAMENTARY AND INSTESTATE HEIR

a.Minor or incapacitated person: Accepted by their parents and Q: What if a person is both a testamentary and intestate heir in
guardian. A Deaf mute is considered as an incapacitated person by the same inheritance
law hence his inheritance is accepted by guardian.
Repudiation:
Repudiation:In order for there to be repudiation, there must be a
judicial authorization. The act of repudiation amounts to the 1.If he repudiate the inheritance as testamentary heir ,he also
alienation of property which must pass the court’s scrutiny in repudiate his inheritance as an intestate heir
order to protect the interest of the ward.
2.If he repudiate his inheritance as intestate heir without the
3.Inheritance left to the poor : The person designated by the knowledge of the testamentary heir he is not deemed to have
testator to determine beneficiary have the right to accept the renounced as testamentary heir therefore accept it in the later
inheritance but they do not have the right to repudiate the same capacity.

4.Corporation and other entities: The lawful representative of Effect of acceptance:

corporation association institution and entitles qualified to
The effect of acceptance and repudiation shall retroact from the
acquire property may accept any inheritance left to the latter but
moment of the death fo the decedent , even if the institution of
in order to repudiate it the approval of the court is necessary.
the heir is subject to a suspensive condition. Successional right in
5.Public Official Establishment: Public official establishment can institution with suspensive condition are transmitted only upon
neither accept nor repudiate an inheritance without the approval the happening of the condition.
of the government.
Effect of acceptance: The possession of hereditary property is
6.Creditors who are prejudiced by repudiation: deemed to be transmitted to the heir without interruption from
the moment of the death of the decedent in case inheritance is
General Rule: If the heir repudiates the inheritance to the accepted
prejudice of his own creditor the latter may authorize them to
accept it in the name of heirs. Effect of renounce: The one that renounce is never possessed the
hereditary property.
EXTENT: The right of the creditors to accept the inheritance in the
name of the debtor heir shall only be to the extent sufficient to Irrevocabilty;
cover the amount to their credits. As to the excess the repudiation
General Rule: The acceptance and the repudiation of the
is valid
inheritance is irrevocable and cannot be impugned
Manner of acceptance
Exception:
General Rule: acceptance is express or implied.
1.When the acceptance or repudation was made through any of
Express: It must be made in a public or private document the causes that vitiate consent
Implied: One where resulting acts y which the intention to accept 2.When the unknown will appears.
is necessarily implied or which one have no right to do except in
the capacity of an heir. Free Portion
Acceptance Is implied from the ff acts With respect to the disposable free portion the testator can
validly provide for the substitution. If a voluntary heir devisee or
1.If the heir sells, donates or assigns his right to a stranger or
legatee repudiates his share the vacant part will go to the
to his co-heirs or to any of them2
substitute if the testator provides. If the testator did not provide it
2.If the heir renounces the same even gratuitously for the
cannot go to the descendant of the person who repudiated
benefit of one or more co-heirs
because 1. The right fo representation is applicable only to
3.if he renounces it for a price in favor of co-heirs
inheritance conferred by law and not to those expressed by will 2.
indiscriminately
The law does not allow representation in case of repudiation the
4.if within 30 days after the court has issued an order for the
vacant part goes to the co-heir- co-devisee or co-legatee.
distribution of the estate in accordance with the rules of court,
heirs, devisee or legatee failed to signify to the court having
jurisdiction whether they accept or repudiate the inheritance
d. Partition and distribution of estate.
IN such situation they are deemed to have accepted the same.
Partition: a separation of the thing held in common among those
to whom it belongs the thing may be divided or its value. A
Manner of repudiation
partition pertains to every act that is intended to put an end to
Renunciation of inheritance 1. By way of notarial document 2. By the indivision among the co-heirs and legatee or devisee.
way of authentic document 3. By way of the petition presented to
Who may effect partition?
the court having jurisdiction over the testamentary proceeding.
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1.The testator himself :1.By the act intervivos 2.Will Rule 69:

a.Partition intervivos or by will: This must be respected provided Partition is only appropriate when there is no more issue as to the
that it does not prejudice the right or legitime of the compulsory expenses chargeable to the estate, if there is still an issue to the
heirs. charges filed in the estate the estate must first be settled because
the determination of the expenses cannot be done in partition.
General Rule : A partition that pertains to future inheritance is
void 1.By agreement under Section 2:Where parties prepare a project
of partition and submit the same for the court’s confirmation
Exception: When the partition takes effect after death of the
testator it is therefore revocable at any time prior to the death of 2.Through the commissioner when such agreement cannot be
the testator. reached under Section 3 to 6

ARTICLE 1080: Intervivos: The testator may an act intervivos 1.An action for partition brought by the person claiming to be
partition the property but he must first make a will with all the the co-owner of the property against the defendant or
formalities provided for by law. The partition intervivos must e in defendants whom the plaintiff recognizes to be co-owners
writing and in public instrument Two Steps:
1.There is an issue of whether the plaintiff is indeed the co-
2.By a third person designated by the testator owner of the property sought to be partitioned
2. How the property is to be divided between the plaintiff and
1. The testator may by an act intervivos or mortis causa entrust the defendant what portion should go to each owner.
the powers to make partition after his death to any person who is
not one of the heirs ( Mandatary) In this stage,
1.If the trial court finds that : Defendant do not dispute the
-The power delegated to the third person is the power to make status of the plaintiff as co—owner the court can proceed with
physical division of the estate but the power to make distribution the actual partition.
or disposition is exercised by the testator. 2.If there is a dispute as to co-ownership the defendant assert
their rights as exclusive owner: The court must not dismiss the
3.By the heirs themselves action for partition but resolve the question as to whether the
plainitff is a co-owner or not. If the court finds that the plainitff
Extrajudicial settlement ( Rule 74) is not the co-owner it shall dismiss the action for partition. The
dismissal is because since the plaintiff was not able to show
1.The decedent left no will
co-ownership rights over himself no basis exist for requiring
2.The decedent left no debts or if there are debts all of it was paid
the defendant to submit to partition the property at stake.
3.The heirs are all of age or if they are minors the latter
represented by their judicial guardian or representative
4.The partition was made by means of public instrument or
Right of Co-heir to demand partition
affidavit duly filed with the registry of deeds.
General Rule: EVERY CO-Heir has a right to demand a division of
Remember : ( SPECPRO TO GAGA)
the estate at any time and as long as the co-ownership is
1.Rule 74 is an ex parte proceeding the rule plainly states that the
recognized an ation to compel partition does not prescribe and
person who do not participate or has no notice of the extrajudicial
may be filed at any time against the actual possessor by any of the
settlement will not be bound thereto.
CONSTRUCTIVE NOTICE IS NOT BINDING co-owners
-The publication of the settlement is not constructive notice to the
Exception:
heirs that do not have notice after the fact of executant
requirement of publication is geared towards the protection of
1.The testator may validly prohibit the partition of the estate for a
creditors and was never intended to deprive the heirs of their
period not exceeding 20 years and such prohibition may apply
lawful participation in the estate of decedent.
2.There is a presumption that a notice has been sent before any even to the legitime. ( Note iba to sa alienation this is partition)
deed of settlement or partition is agreed upon and not after the
2.The heirs can agree on indivision but only for a period not
agreement is already executed.
exceeding 10 years renewable for like periods.

Voluntary heirs cannot demand partition until the condition

Oral Partition The non registration of the extrajudicial
has been fulfilled, in this case the other co-heirs can demand
settlement does not affect the intrinsic validity the
partition by giving sufficient securities for the rights which the
requirement that partition e put in public instrument and
said voluntary heirs may have in case the condition should be
registered has for its purpose the protection of creditors and
complied with and until it is known that the condition has not
at the same time the protection of the heirs themselves
been fulfilled or can never be complied the partition remains
against tardy claims. -The object of the registration is to serve
to be provisional.
as a constructive notice to others. It follows that the intrinsic
validity of partition not executed with the formalities does not
come into play when there are no creditors or rights of
If the thing remains to be indivisible or if it can be impaired when
creditors are not affected.
divided:
4.by the court
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The thing can be adjudicated to one of the heirs: Such heir pay the distribution if the object or securities which have omitted.
other the excess in cash. But if any of the heris demand that the
property is to be sold in a public auction and stranger allowed to
bid this must e done and therefore there is no need for the thing Obligation of heir that is sued
to be adjudicated to the heirs.
1.Indemnify the plaintiff for the loss: Payment in cash or by
Sale of Hereditary share before partition delivery of the thing of the same kind and same quality a that
awarded to the plaintiff
As a rule the succession opens from the moment of death of the
decedent. Upon the death, the heir can sell his right, interest or 2.Consent to a new partition: If a new partition is made it shall
participation in favor of the property under administration or affect neither those who have not been prejudiced nor those who
even prior to partition. have not received more than just share.

Limits: The heir can only alienate such portion of the estate that Q: What if some of the heirs did not participate is rescission
may be allotted to him in division of the estate by the probate or warranted?
intestate court after final adjudication is after all debts of the
A: Yes. A partition with preterition of any of the compulsory heir
estate have been paid and after the legatees are given their share.
shall not be rescinded unless it is proved that there was bad faith
( The heir can only sell his or her ideal or undivided share)
or fraud on the part of the person interested but the latter shall
Right of Redemption be proportionately obliged to pay the person omitted the share
that belongs to him,
Prior to partition, if the co-heir sells his undivided share in the
estate to a stranger prior to partition any or all of the co-heris may Q: What happens if non heir is included in the partition? The
redeem such share from the purchaser by reimbursing the latter partition is void onl y as to the share of the non heir. The
for the price of the sale provided that it be done one month form participation of the non heir only reners his share to be void and
the time of notice in writing of the sale. not the entirety

Effects of partition

1.The co-ownership is terminated and each co-wner becomes the

absolute and exclusive owner of the share that was allotted to
him and he shall be deemed to be in exclusive possession during
all the time the co-ownership of that portion which has been
allotted to him.

-The rights of third person are not prejudiced they retain the
rights of the mortgage, servitude or any other real rights
belonging to them before the division was made.

2.Mutual accounting must be rendered by the co-owners to each

other with regard to the benefit and expenses an each co-owner
shall pay for the damages and expenses caused by nelgignece and
fraud.

Rescission and nullity of partition

1.Grounds : A partition may be rescinded or annulled for the same

cause of contracts.

a.On account of lesion

a.Partition , judicial or extrajudicial cane rescinded on account

of lesion:
1.When any one of the co-heirs received the thing whose
value is less by at least ¼ of the share to which he is entitled
considering the value of the things at the time they were
adjudicated
2.The partition made by the testator cannot be impugned on
the ground of lesion except when the legitime of the
compulsory heir is thereby prejudiced or when it appears or
may reasonably appear that the intention of the creditor was
otherwise
3.The action for rescission prescribes in four years
Mere omission of one or more object in partition is not a
ground for lesion but the partition is completed by the