SUCCESSION NOTES

Article 725. Donation is an act of liberality whereby a person Donation as an act and as a Contract-mode of acquiring ownership
disposes gratuitously of a thing or right in favor of another, who Essential Characteristics of True Donation
accepts it. (618a) a. Consent, subject matter, cause
b. The necessary form
c. Consent or acceptance by done during donor’s lifetime
d. Irrevocability
e. Intent to benefit the done (animus donandi)
f. Resultant decrease in the assets or patrimony of the donor

Article 726. When a person gives to another a thing or right on Classification of Donation
account of the latter's merits or of the services rendered by him a. From the viewpoint of motive, purpose or cause
to the donor, provided they do not constitute a demandable 1. Simple- cause is pure liberality
debt, or when the gift imposes upon the donee a burden which 2. Remuneratory (of the FIRST KIND)-to reward past services, with no strings attached
is less than the value of the thing given, there is also a 3. Remuneratory (of the Second Kind)-reward future services or because of a certain future charges or burdens
donation 4. Onerous- there are burdens, charges or future service equal in value to that of the thing
b. From the viewpoint of time of taking effect:
1. Inter vivos
2. In praesenti to be delivered in futuro( also considered inter vivos)
3. Mortis causa
c. From the viewpoint of occasion
1. Ordinary donation
2. Donation propter nuptias
d. From the viewpoint of object donated
1. Corporeal property
a. Donations of real property
b. Donations of personal property
2. Incorporeal property-donations of alienable rights
Article 727. Illegal or impossible conditions in simple and Only illegal or impossible conditions are disregarded, the donation itself remains valid
remuneratory donations shall be considered as not imposed.
(n)
Article 728. Donations which are to take effect upon the death Succession
of the donor partake of the nature of testamentary provisions, Testamentary
and shall be governed by the rules established in the Title on Mortis causa
Succession. (620)
Article 729. When the donor intends that the donation shall Intervivos Mortis causa
take effect during the lifetime of the donor, though the property 1. takes effect during the lifetime of the donor 1. takes effect after the death of the donor
shall not be delivered till after the donor's death, this shall be a 2. must follow the formalities of donations 2. must follow the formalities of wills or codicils
donation inter vivos. The fruits of the property from the time of 3. cannot be revoked except for grounds provided for by 3. can be revoked at any time and for any reason hile
the acceptance of the donation, shall pertain to the donee, law the donor is still alive
unless the donor provides otherwise. (n) 4. in case of impairment of the legitime, donations 4. in case legitime is impaired, donations mortis causa
intervivos are preferred to donations mortis causa are reduced ahead of donations inter vivos, the latter
5. the right of disposition is completely transferred to the being preferred
done 5. the right of disposition is not transferred to the donee
6. acceptance by done must be during lifetime of donor while the donor is still alive
6. acceptance by done mortis causa can only be done
after the donor’s death
Article 730. The fixing of an event or the imposition of a Suspensive Condition may be fulfilled beyond the lifetime of the Donor
suspensive condition, which may take place beyond the natural
 SUCCESSION NOTES
expectation of life of the donor, does not destroy the nature of
the act as a donation inter vivos, unless a contrary intention
appears. (n)
Article 731. When a person donates something, subject to the Resolutory Condition of Donor’s survival is a donation inter vivos
resolutory condition of the donor's survival, there is a donation
inter vivos. (n)
Article 732. Donations which are to take effect inter vivos shall Suppletory effects of Rules on Contracts
be governed by the general provisions on contracts and
obligations in all that is not determined in this Title. (621)
Article 733. Donations with an onerous cause shall be Donations with onerous cause-governed by Rules of Contract
governed by the rules on contracts and remuneratory Remuneratory Donations-by Rules of Court
donations by the provisions of the present Title as regards that
portion which exceeds the value of the burden imposed. (622)
Article 734. The donation is perfected from the moment the Perfection of the donation is upon acceptance of the done made during the lifetime of the donor
donor knows of the acceptance by the donee. (623) *if not perfected, can still be donated to someone else
*there is already acceptance when donation and acceptance are in the same instrument
Article 735. All persons who may contract and dispose of their Minor, Husband(moderate donation and to common children), Wife (with husband’s consent unless administratrix)
property may make a donation. (624) Void=donations made between persons guilty of adultery or concubinage
Voildable= unemancipated minors, unsound mind, donation by corporation except when ratified or for remuneration or gratuity to
employees and its dependents
Article 736. Guardians and trustees cannot donate the Guardians and Trustee cannot donate the property entrusted to them
property entrusted to them. (n) Trustee who repudiate the trust and subsequently acquired said property by prescription are allowed to donate
When a simple donation made entirely in the interest of the estate trust or trust beneficiaries, trustee or guardian can donate
Article 737. The donor's capacity shall be determined as of the Making mean perfection od th donation
time of the making of the donation. (n)
Article 738. Al those who are not specially disqualified by law Specially Disqualified refers to those incapacitated to contract like minors or those of unsound mind, husbands and wives with
therefor may accept donations. (625) respect immoderate donations
Natural and Juridical persons may become donees but not alien religious donations;
Attorney in fact of the donor may be a donee
Article 739. The following donations shall be void: Donations are VOID because of moral considerations OR AGAINST PUBLIV POLICY VOID FROM THE VERY BEGINNING
(1) Those made between persons who were guilty of
adultery or concubinage at the time of the donation; Adultery and Concubinage-void and guilt may be proved by preponderance of evidence
*party to an illegal transaction cannot get back what has been given.
(2) Those made between persons found guilty of the
same criminal offense, in consideration thereof; Criminal Conviction- not based on preponderance of evidence
(3) Those made to a public officer or his wife,
descendants and ascendants, by reason of his office. Public officer r his Wife, descendants and ascendants-prevent bribery
Public officers refers not onlt t officials given discretionary powers but also to employees of the
In the case referred to in No. 1, the action for declaration of government
nullity may be brought by the spouse of the donor or donee; Public officer can become a donor
and the guilt of the donor and donee may be proved by
preponderance of evidence in the same action. (n)
Article 740. Incapacity to succeed by will shall be applicable to 2 Kinds of Incapacity
donations inter vivos. (n) a. Absolute incapacity-wherein no case can there be a transmission of the inheritance
b. Relative incapacity- when under certain condition, a particular person cannot inherit from a particular decedent
Unworthiness of the done
Article 741. Minors and others who cannot enter into a Minors can receive but the acceptance is with parents or legal representatives; if
 SUCCESSION NOTES
contract may become donees but acceptance shall be done a. simple donation- can still receive without assistance except when written acceptance is required
through their parents or legal representatives. (626a) b. onerous donation or condition-where burdens are imposed on the child, needs parents’ intervention
if acceptance is made by father in an onerous donation exceeding 5k,= needs court approval
Article 742. Donations made to conceived and unborn Simple and onerous donations to conceived and unborn child may be accepted by legal representatives. However, if onerous
children may be accepted by those persons who would legally donation is unfavourable to the child, it is as if it possessed no juridical personality
represent them if they were already born. (627) Requisites:
a. the child be born later
b. should live at least 24 hours (if it had intra uterine life of less than 7 months)
Article 743. Donations made to incapacitated persons shall Incapacitated persons –those not allowed to become donees
be void, though simulated under the guise of another contract
or through a person who is interposed. (628)
Article 744. Donations of the same thing to two or more Ownership
different donees shall be governed by the provisions 1. if movable, first taken possession in good faith
concerning the sale of the same thing to two or more different 2. if immovable, first recorded in the Registry of Property in good faith
persons. (n)
Article 745. The donee must accept the donation personally, Formalities of acceptance, if none =void
or through an authorized person with a special power for the To whom acceptance made:
purpose, or with a general and sufficient power; otherwise, the a. personally
donation shall be void. (630) b. with special power
c. with general and sufficient power
Authorization must be in public instrument
Article 746. Acceptance must be made during the lifetime of Applicable to Donation inter vivos not mortis causa
the donor and of the donee. (n)
Article 747. Persons who accept donations in representation of Persons – are those duly authorized to do the acceptance
others who may not do so by themselves, shall be obliged to Notification and notation-public document
make the notification and notation of which article 749
speaks. (631)
Article 748. The donation of a movable may be made orally or Formalities for the Donation of Movable Property
in writing. a. more than 5k-in writing
An oral donation requires the simultaneous delivery of the b. 5k or less- may be oral with simultaneous delivery of thing or document
thing or of the document representing the right donated.
If the value of the personal property donated exceeds five
thousand pesos, the donation and the acceptance shall be
made in writing. Otherwise, the donation shall be void. (632a)
Article 749. In order that the donation of an immovable may be Formalities for Donations of Real Property (null and void if not complied)
valid, it must be made in a public document, specifying a. If deed of donation and the acceptance are in the SAME instrument
therein the property donated and the value of the charges 1. The instrument must be a public document
which the donee must satisfy. 2. The document must specify the property donated and the charges, if any
The acceptance may be made in the same deed of donation b. If the deed of donation and the acceptance are NOT in the same instrument
or in a separate public document, but it shall not take effect 1. The donation must be in public instrument or document
unless it is done during the lifetime of the donor. 2. The document must specify the property donated and the charges, if any
If the acceptance is made in a separate instrument, the donor 3. The acceptance in a separate instrument must be in a public instrument
shall be notified thereof in an authentic form, and this step shall 4. The donor shall be notified in authentic form of the fact that acceptance is being made or has been made in a
be noted in both instruments. (633) separate public instrument
5. The fact that there has been a notification must be noted in both instrument
Charges –conditions or burdens imposed if any; encumbrances on the property
*Registration of the property is not required
Effects of Donation if only in Private instrument- null and void; cannot be ratified; binding only between the parties; done can
 SUCCESSION NOTES
acquire the property by prescription
Article 750. The donation may comprehend all the present Excessive Donation (not void but reducible)
property of the donor, or part thereof, provided he reserves, Not included:
in full ownership or in usufruct, sufficient means for the support a. Onerous donation
of himself, and of all relatives who, at the time of the b. Donation mortis causa
acceptance of the donation, are by law entitled to be supported c. Donation propter nuptias
by the donor. Without such reservation, the donation shall be Present property is that which the donor can dispose of at the time of the donation
reduced in petition of any person affected. (634a) Relatives at the timeof the knowledge of the acceptance
Donor must also reserve enough of his property to pay off his debts contracted before donation
Article 751. Donations cannot comprehend future property. Future property-anythinf which the donor cannot dispose at the time of donation only present accrued inheritance
By future property is understood anything which the donor Ownership retroacts to the day of donation
cannot dispose of at the time of the donation. (635) Nemo dat quod non habit (no one can give what he does not have)
Donation of future property is NULL and VOID except contractual succession in the prenup 1/5 of the present property in the event
of death and where would be spouses would donate future property mortis causa
Article 752. The provisions of article 750 notwithstanding, no A person may not give more than he can nor can a person receive more than what the giver may give
person may give or receive, by way of donation, more than he 5years – prescription of action to revoke or reduce the inofficious donation
may give or receive by will.
The donation shall be inofficious in all that it may exceed this
limitation. (636)
Article 753. When a donation is made to several persons GR: NO ACCRETION
jointly, it is understood to be in equal shares, and there shall EXC:
be no right of accretion among them, unless the donor has 1. In case of predecease
otherwise provided. 2. In case of incapacity
The preceding paragraph shall not be applicable to donations 3. In case of refusal or repudiation
made to the husband and wife jointly, between whom there
shall be a right of accretion, if the contrary has not been
provided by the donor. (637)
Article 754. The donee is subrogated to all the rights and Subrogation of Donee
actions which in case of eviction would pertain to the Eviction-shall take place whenever by final judgment based on a right prior to the sale or an act imputable to the vendor, the
donor. The latter, on the other hand, is not obliged to warrant vendee is deprived of the whole or a part of the thing purchased
the things donated, save when the donation is onerous, in Hidden Defects- are those which are not patent upon a physical examination of the object donated
which case the donor shall be liable for eviction to the When warranty exists
concurrence of the burden. a. If donor is in bad faith
The donor shall also be liable for eviction or hidden defects in b. If donation is onerous
case of bad faith on his part. (638a) c. If warranty is expressly made
d. If donation is propter nuptias unless the contrary is stipulated
Article 755. The right to dispose of some of the things Donation with a reservation to dispose of part of the object donated
donated, or of some amount which shall be a charge thereon,
may be reserved by the donor; but if he should die without
having made use of this right, the property or amount reserved
shall belong to the donee. (639)
Article 756. The ownership of property may also be donated Usufruct to another and naked ownership to the other
to one person and the usufruct to another or others, provided Living includes conceived children provided they are latter born with the requisites ofArt 40-41 of the Civil Cide
all the donees are living at the time of the donation. (640a)
Article 757. Reversion may be validly established in favor of Reversion means a going back;giving back the property to donor
only the donor for any case and circumstances, but not in favor
of other persons unless they are all living at the time of the
donation.
 SUCCESSION NOTES
Any reversion stipulated by the donor in favor of a third person
in violation of what is provided in the preceding paragraph shall
be void, but shall not nullify the donation. (614a
Article 758. When the donation imposes upon the donee the Stipulation that Donee should pay debts of the donor
obligation to pay the debts of the donor, if the clause does not a. Pay only prior debts
contain any declaration to the contrary, the former is b. Pay only for debts up to the value of the property
understood to be liable to pay only the debts which appear to
have been previously contracted. In no case shall the donee be
responsible for the debts exceeding the value of the property
donated, unless a contrary intention clearly appears. (642a)
Article 759. There being no stipulation regarding the payment GR: Donee is not required to pay
of debts, the donee shall be responsible therefor only when the Exc: when donation is made in fraud of creditors
donation has been made in fraud of creditors. In fraud of creditors- failure to reserve sufficient property to pay previous debt and donations may be rescinded by said defrauded
The donation is always presumed to be in fraud of creditors, creditors up to the extent of their credits
when at the time thereof the donor did not reserve sufficient
property to pay his debts prior to the donation. (643)
Article 760. Every donation inter vivos, made by a person Two KINDS OF Inofficious donations
having no children or descendants, legitimate or legitimated by a. Where donor at the time of donation either had no children or thought he had no more
subsequent marriage, or illegitimate, may be revoked or b. Where the donor had at least one child already at the time he made the donation
reduced as provided in the next article, by the happening of Adoption must have juridical approval
any of these events:
(1) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children, even
though they be posthumous;
(2) If the child of the donor, whom the latter believed
to be dead when he made the donation, should turn
out to be living;
(3) If the donor subsequently adopt a minor child.
(644a)
Article 761. In the cases referred to in the preceding article, Reduction of the Donation
the donation shall be revoked or reduced insofar as it If the donation is covered by free disposal, it should remain untouched
exceeds the portion that may be freely disposed of by will,
taking into account the whole estate of the donor at the time of
the birth, appearance or adoption of a child. (n)
Article 762. Upon the revocation or reduction of the donation What the Donee must do if the donation is reduced
by the birth, appearance or adoption of a child, the property a. If the property is still with him, return the property
affected shall be returned or its value if the donee has sold the b. If the property has been sold, give the value to the donor
same. c. If the property has been mortgaged, the donor may pay off the debt, but he can recover, reimbursement from done
If the property is mortgaged, the donor may redeem the d. If the property cannot be returned, return its value
mortgage, by paying the amount guaranteed, with a right to
recover the same from the donee.
When the property cannot be returned, it shall be estimated at
what it was worth at the time of the donation. (645a)
Article 763. The action for revocation or reduction on the 4 years prescription (revocation or reduction)
grounds set forth in article 760 shall prescribe after four In the case of legitimated children, the period must be counted from the time of legitimation
years from the birth of the first child, or from his legitimation,
recognition or adoption, or from the judicial declaration of
filiation, or from the time information was received regarding
 SUCCESSION NOTES
the existence of the child believed dead.
This action cannot be renounced, and is transmitted, upon the
death of the donor, to his legitimate and illegitimate children
and descendants. (646a)
Article 764. The donation shall be revoked at the instance of Failure to comply with conditions (charges or burdens) revoked the donation
the donor, when the donee fails to comply with any of the all the conditions or charges imposed must be complied with unless they be immoral, illegal or
conditions which the former imposed upon the latter. physically impossible,
In this case, the property donated shall be returned to the in which case, they must be disregarded.
donor, the alienations made by the donee and the mortgages A modal donation is one in which the donor imposes aprestation upon the done
imposed thereon by him being void, with the limitations Effect on Property Donated
established, with regard to third persons, by the Mortgage Law (a) If still with the donee, he must return the same to the donor.
and the Land Registration laws. (b) If sold, donated, or mortgaged, the alienation or encumbrance will be considered void, unless the grantee be an
innocent third party (did not know of the non-fulfi llment) who has recorded or registered his own right.
This action shall prescribe after four years from the
Prescriptive Period -4 years from the non-compliance of the condition
noncompliance with the condition, may be transmitted to the
heirs of the donor, and may be exercised against the donee's If there be two or more heirs, what should be done if they cannot agree whether to revoke or not?
heirs. (647a) ANS.:
(a) If the property donated is divisible, each heir canof course ask for the revocation of his own aliquot
share.
(b) If the object is essentially indivisible, each may askfor the cash value of his share.
Article 765. The donation may also be revoked at the instance One who has been the object of generosity must not turn ungrateful. Gratitude here is a moral as well as a legal duty.
of the donor, by reason of ingratitude in the following cases: Acts of Ingratitude covered:
(1) If the donee should commit some offense against a. Purely personal
the person, the honor or the property of the donor, or b. Exclusive
of his wife or children under his parental authority; Offense include both crimes and non-crimes
(2) If the donee imputes to the donor any criminal Under parental authority refers to thise children not yet emancipated by reaching the age of majority
offense, or any act involving moral turpitude, even One ground for revoking a donation propter nuptias is ingratitude
though he should prove it, unless the crime or the act
has been committed against the donee himself, his
wife or children under his authority;
(3) If he unduly refuses him support when the donee
is legally or morally bound to give support to the
donor. (648a)
Article 766. Although the donation is revoked on account of
ingratitude, nevertheless, the alienations and mortgages
effected before the notation of the complaint for revocation
in the Registry of Property shall subsist.
Later ones shall be void. (649)
Article 767. In the case referred to in the first paragraph of the Rule When Third Persons Have the Property, or When It Has Been Mortgaged
preceding article, the donor shall have a right to demand from The article applies when:
the donee the value of property alienated which he cannot (a) recovery cannot be had from third persons because they are innocent;
recover from third persons, or the sum for which the same has (b) or when the property has been mortgaged.
been mortgaged. the property has been lost or has deteriorated thru any cause including a fortuitous event, the donee should respond
The value of said property shall be fixed as of the time of the with damages, because as owner, he is supposed to bear theloss or deterioration (res perit domino).
donation. (650)
Article 768. When the donation is revoked for any of the If the property donated was MONEY, fruits thereof shallbe the legal rate of interest (unless the contrary has been
causes stated in article 760, or by reason of ingratitude, or agreed upon).
when it is reduced because it is inofficious, the donee shall not
 SUCCESSION NOTES
return the fruits except from the filing of the complaint.
If the revocation is based upon noncompliance with any of the
conditions imposed in the donation, the donee shall return not
only the property but also the fruits thereof which he may have
received after having failed to fulfill the condition. (651
Article 769. The action granted to the donor by reason of The right to revoke because of ingratitude cannot be renounced in advance
ingratitude cannot be renounced in advance. This action When it can be done in a proper case, renunciation maybe done expressly or impliedly since the law requires no formality
prescribes within one year, to be counted from the time the under this article
donor had knowledge of the fact and it was possible for him to The action to revoke because of ingratitude prescribes within one year a)donor knew of the fact or cause of ingratitude;
bring the action. (652) (b) provided that it was possible for him to bring the action.
Article 770. This action shall not be transmitted to the heirs of The action as a rule cannot be transmitted because theright is purely personal to the donor. If however,
the donor, if the latter did not institute the same, although he he has already
could have done so, and even if he should die before the instituted the action, but dies before its termination, his heirs are allowed to continue the suit.
expiration of one year.
Under this article, the donee’s heirs cannot be made original defendants, though they may later on be
Neither can this action be brought against the heir of the
donee, unless upon the latter's death the complaint has been substituted
filed. (653)
Article 771. Donations which in accordance with the provisions Rules Re Inoffi cious Donations
of article 752, are inofficious, bearing in mind the estimated net a. Note that the value of the estate is that which it had, not at the time of donation, but at the time
value of the donor's property at the time of his death, shall be of the donor’s death.
reduced with regard to the excess; but this reduction shall not
b. Inoffi cious donations may not only be reduced; they may be completely cancelled
prevent the donations from taking effect during the life of the
c. Since the inoffi ciousness of the donation cannot be determined till after the donor’s death, it follows that in the meantime,
donor, nor shall it bar the donee from appropriating the fruits.
the donation is valid and ownership is transmitted to the donee during the donor’s lifetime.
For the reduction of donations the provisions of this Chapter
If real estate has been donated, and it is inconvenient to divide it (in case a reduction is to be made), then it will go to the donee if
and of articles 911 and 912 of this Code shall govern. (654)
the reduction is less than 60%, otherwise it goes to the compulsory heirs; but in either case there must be a reimbursing of each
other.
Article 772. Only those who at the time of the donor's death Note that only the following may ask for the reduction on the ground of inoffi ciousness:
have a right to the legitime and their heirs and successors in (a) the compulsory heirs of the donor (whether children, other descendants, ascendants or surviving
interest may ask for the reduction or inofficious donations. spouse)
Those referred to in the preceding paragraph cannot renounce
(b) the heirs and successors-in-interest of the abovementioned compulsory heirs.
their right during the lifetime of the donor, either by express
declaration, or by consenting to the donation. The following cannot ask for the reduction:
(a) voluntary heirs of the donor (such as friends, brothers etc.)
The donees, devisees and legatees, who are not entitled to the (b) devisees (recipients of gifts of real property in a will)
legitime and the creditors of the deceased can neither ask for (c) legatees (recipients of gifts of personal property in a will)
the reduction nor avail themselves thereof. (655a) (d) creditors of the deceased (
Non-Waiver and 5 years prescription
If the donee happens to be a compulsory heir, he must collate (bring back the value) the property donated, for its value
is considered already an advance of his legitime or inheritance
Whereas adoption of a person of major age is not a ground under Art. 760, it may serve as a ground under Arts. 771 and
772 in case the donation impairs his legitime
Article 773. If, there being two or more donations, the Gr : Preference is given to earlier donations (fi rst come fi rst served). Therefore, if it is essential to
disposable portion is not sufficient to cover all of them, those of reduce, the subsequent
the more recent date shall be suppressed or reduced with ones must fi rst be reduced.
regard to the excess. (656)
Exception to Rule: Wedding gifts of jewelry, clothing and outfi t by parents and ascendants in favor of
descendants shall
not be reduced (even if they be more recent), provided they do not exceed one tenth (1/10) of the free
 SUCCESSION NOTES
portion.
REVOCATION REDUCTION
a. This is TOTAL (affects the whole property) (a) This is as a rule, only PARTIAL (though in
regardless of whether the legitime has some
been impaired or not. cases as in comment No. 2 under Art. 771, the
b. As a rule, for the benefi t of the donor. reduction
c. (c) As a rule, for the benefi t of the heirs may cover or absorb the WHOLE donation, in
of the donor. which case, it is as if the WHOLE has been
reduced or revoked), and applies
only when the legitime has been IMPAIRED. Thus,
the legitime must always be preserved.
It is understood that if the donations were perfected at the same time, the reduction must be
proportionate
Grounds for Revocation
(a) Fulfi llment of resolutory conditions or charges. (Art. 764).
(b) Ingratitude. (Art. 765).
(3) Grounds for Reduction
(In some cases, TOTAL REDUCTION or ABSORPTION making them appear to be cases of REVOCATION):
(a) B.A.R. (birth, adoption, reappearance). (Art. 760).
(b) Inoffi ciousness. (Art. 771).
(c) If insuffi cient property is left for support of donor and his relatives. (Art. 750).
(d) If made in fraud of creditors (creditors at the time of the donation). (Art. 1387).
(4) Void, Ineffective, or Unperfected Donations: (Bar)
(a) Those not perfected in accordance with the forms and solemnities of law (particularly when there is
no proper acceptance). (Example: donations of land if not made in a public instrument). (Art. 794).
(b) Those made with property outside the commerce of man.
(c) Those made with future property (Art. 751) except those provided for in marriage settlements. (Art.
84, Family Code).
(d) Those made to persons specially disqualifi ed:
1) by reason of public policy. (Art. 739).
2) by reason of unworthiness. (Art. 740).
3) by reason of possible undue infl uence.
Article 774. Succession is a mode of acquisition by virtue of Elements of Succession: (MTTTW)
which the property, rights and obligations to the extent of the a. Mode of acquisition
value of the inheritance, of a person are transmitted through his b. Transfer of property, rights, and obligation to the extent of the value of the inheritance of a person
death to another or others either by his will or by operation of c. Transmission through death
law. (n) d. Transmission to another
e. By will or by operation od law
Article 775. In this Title, "decedent" is the general term Decedent is the person whose estate is to be distributed
applied to the person whose property is transmitted through a. Testate (will)
succession, whether or not he left a will. If he left a will, he is b. Intestate (no will)
also called the testator. (n)
Article 776. The inheritance includes all the property, rights Inheritance is the property or right acquired
and obligations of a person which are not extinguished by his Succession is the manner by virtue of which the property or right is acquired (descent in American law)
 SUCCESSION NOTES
death. (659) Title by descent is the title by which one person on the death of another, acquires the estate of the latter as his heir at law
Administration Succession
Dealing with a deceased person’s property Transferring to administration beneficially
according to law
Inheritance incudes:
a. Property
-real and personal
*Human corpse is not property therefore not part of estate

b. Rights
-some rights are extinguished by death , some are not
1. Rights extinguished by death
 intransmissible personal rights,
 right to claim acknowledgment or recognition,
 right to hold private or public office);
2. Rights not extinguished by death
 right to bring or continue an action for forcible entry or unlawful detainer
 right to compel execution of a document
 right to continue a lease contract
c. Obligations
Article 777. The rights to the succession are transmitted from Conditions for the Transmission of Successional Rights: (DTA)
the moment of the death of the decedent. (657a) a. That indeed there has been a death
b. That the right or properties are indeed transmissible or descendible
c. That the transferee is still alive
Actual Death
-the heir becomes the owner and possessor upon the moment of death
-the effect of acceptance retroacts from the moment of death
Presumed Death
a. Ordinary Presumption
- Because of ordinary absence
- An absentee ( who disappears under normal conditions), there being no danger or idea of death ) shall be presumed
dead for the purpose of opening his succession –at the end of 10 years (at the end of 5 years in case he disappeared
at the age of 75)
b. Extraordinary Presumption
- because of extraordinary or qualified absence (great probability of death)
The following are PRESUMED DEAD: (VAD-4)
1. A person on board a vessel lost during a sea voyage, or an aeroplane is missing, and who have not been heard for 4
years since the loss of the vessel or aeroplane
2. A person in armed forces who has taken part in war, and has been missing for 4 years
3. A person has been in danger of death under other circumstances and his existence has not been known for 4 years
Effect of Absentee’s Return or Appearance
a. recover the property in the condition it may be found
b. price of the property that may have been alienated
c. cannot claim the fruits or rent
*Heirs merely have an inchoate right to the property prior to the person’s death
*future inheritance cannot be the subject of sale or donation
* No necessity to appoint administrator
 SUCCESSION NOTES
* Administrator must render an accounting, can be liable for malfeasance, maladministration or violation of any of his duties
Joint Administration by mutual understanding
*Administrator has the right to take possession so long as it is necessary for the payment of the debt and expenses of
administration.
Heirs- is where the estate was given when there are no debts to be paid
*Inventory-lists of all properties, rights and credits which the court requires
When no transmission Occurs
a. incapacitated
b. repudiates inheritance
c. predeceases the testator
*Estate tax is a virtual charge on the giver for the transmission of property
*Inheritance Tax is charged on the recipient (eliminated in NIRC )
*No judicial declaration of heirship is necessary in order that an heir may assert his or her right
Article 778. Succession may be: Other Kinds of Succession:
a. Compulsory succession-is a succession to the legitime
(1) Testamentary; Compulsory for testator to give but not compulsory for heirs to accept
b. Contractual succession
(2) Legal or intestate; or -when a future husband and future wife give to each other in their marriage settlement as much of their future property in
the event of death
(3) Mixed. (n)

Article 779. Testamentary succession is that which results Testamentary succession may be done through a will or codicil
from the designation of an heir, made in a will executed in the a. Notarial (ordinary, attested, or acknowledged)
form prescribed by law. (n b. Holographic (handwritten by testator from beginning to end, with date and signature)
Article 780. Mixed succession is that effected partly by will *when the will is declared null and void, the estate proceeds by operation of law
and partly by operation of law.

Article 781. The inheritance of a person includes not only the Inheritance includes:
property and the transmissible rights and obligations existing at a. Property, transmissible rights, obligations
the time of his death, but also those which have accrued b. those that have accrued thereto
thereto since the opening of the succession.
Article 782. An heir is a person called to the succession either Transferees in Testamentary Succession
by the provision of a will or by operation of law. a. heirs
Devisees and legatees are persons to whom gifts of real and b. legatees (succeed personal property)
personal property are respectively given by virtue of a will. (n) c. Devisees (succeed real property)
*Preterition where an instituted voluntary heir gets nothing
Transferees in Legal Succession
- Legal or intestate heirs
Dual Status
a. Insofar as his legitime is concerned, he is compulsory
b. Insofar as the excess is concerned, he is a voluntary heir
*Co-heir cannot reacquire by acquisitive preservation absent a clear repudiation of co-ownership
 SUCCESSION NOTES
Sale Waiver of Hereditary Rights
-one of the contracting parties obligate himself to transfer -declaration of heirship and waiver of rights operates as a
the ownership and to deliver a determinate thing, and the public instrument when filed with the Registry of Deeds
other party to pay a price certain in money or its equivalent whereby the intestate heirs adjudicate and divide the estate
-presumes the existence of a contract of sale left by the decedent among themselves as they see fit
-mode of extinction of ownership where there is an
abdication or international relinquishment of a known right
and with a knowledge of its existence and intention to
relinquish it
Article 783. A will is an act whereby a person is permitted, Essential Elements and Characteristics of a Will (SUSAC-PMR-FID)
with the formalities prescribed by law, to control to a certain a. statutory right
degree the disposition of this estate, to take effect after his b. Unilateral act
death. (667a) c. Solemn or formal act
d. Animus testandi (intent to make a will)
e. Testator is capacitated to make a will
f. Strictly personal act
g. Mortis Causa (take effect after death)
h. Essentially revocable or ambulatory
i. Free from vitiated Consent
j. Individual
k. Disposes of testator’s estate
Article 784. The making of a will is a strictly personal act; it *when made by attorney, there is strong presumption of regularity.
cannot be left in whole or in part to the discretion of a third
person, or accomplished through the instrumentality of an
agent or attorney. (670a)
Article 785. The duration or efficacy of the designation of heirs, Illegal delegation of Testamentary Power when particular names are designated
devisees or legatees, or the determination of the portions which
they are to take, when referred to by name, cannot be left to
the discretion of a third person. (670a)
Article 786. The testator may entrust to a third person the Allowed delegation of Testamentary power
distribution of specific property or sums of money that he may *Particular names are not designated unlike art 785
leave in general to specified classes or causes, and also the Example: topnotchers in the bar or charitable institutions
designation of the persons, institutions or establishments to
which such property or sums are to be given or applied. (671a)
Article 787. The testator may not make a testamentary Illegal delegation of Testamentary Power when it determines whether it is operative
disposition in such manner that another person has to
determine whether or not it is to be operative
Article 788. If a testamentary disposition admits of different Possible Different Interpretations
interpretations, in case of doubt, that interpretation by which a. Similar rule in the interpretation of laws or contracts
the disposition is to be operative shall be preferred. b. The reason is that testate succession, provided the will is valid, is preferred to intestacy
*the intention and desires of the testator if clearly expressed in the will, consitutte the fixed law of its interpretation
Article 789. When there is an imperfect description, or when Kinds of Ambiguity in a Will
no person or property exactly answers the description, a. Latent or Intrinsic Ambiguity (1st Clause)
mistakes and omissions must be corrected, if the error appears -does not appear on the face of the will and is discovered only by extrinsic evidence
from the context of the will or from extrinsic evidence, excluding 1. when there is an imperfect description of the heir, legatee or devisee
the oral declarations of the testator as to his intention; 2. when there is an imperfect description of the gift being given
3. when only on recipient is designated but it turns out that there are two or more who fit the description
and when an uncertainty arises upon the face of the will, as to b. Patent or Extrinsic Ambiguity (2nd Clause)
 SUCCESSION NOTES
the application of any of its provisions, the testator's intention -appears on the face of the will itself
is to be ascertained from the words of the will, taking into
consideration the circumstances under which it was made,
excluding such oral declarations. (n)
Article 790. The words of a will are to be taken in their Rules for Interpretation of Words
ordinary and grammatical sense, unless a clear intention to a. Ordinary Words have ordinary meanings
use them in another sense can be gathered, and that other can Exception: The supreme law for interpretation is intention
be ascertained. b. Technical words have technical meanings
Technical words in a will are to be taken in their technical Exceptions:
sense, unless the context clearly indicates a contrary intention, 1. If there is a contrary intention
or unless it satisfactorily appears that the will was drawn solely 2. If it appears that the will was drafted by the testator alone, who did not know the technical meaning
by the testator, and that he was unacquainted with such *idiomatic translation is preferred to a literal translation since the former expresses more clearly the testators desires
technical sense. (675a)
Article 791. The words of a will are to receive an interpretation The will must be interpreted as a whole
which will give to every expression some effect, rather than one While testacy is preferred over intestacy, this is true only if the will has been validly made
which will render any of the expressions inoperative; and of two
modes of interpreting a will, that is to be preferred which will
prevent intestacy. (n
Article 792. The invalidity of one of several dispositions GR:If one is invalid, it does not follow that all the others are also invalid
contained in a will does not result in the invalidity of the other Exception: When various dispositions are indivisible in intent or nature
dispositions, unless it is to be presumed that the testator would
not have made such other dispositions if the first invalid
disposition had not been made
Article 793. Property acquired after the making of a will shall GR: Only those properties already possessed at the time the will was made are given, not those after-acquired propertes
only pass thereby, as if the testator had possessed it at the Exceptions:
time of making the will, should it expressly appear by the will a. If it expressly made in the will to give such after-acquired properties
that such was his intention b. If the will is republished or modified by a subsequent will or codicil
c. If at the time the testator made a will he erroneously thought that he owned certain properties, the gift of said properties
will not be valid, unless after the making of the will, said properties will belong to him
d. Legacies of credit or remission are effective only as regards that part of the credit or debt existing at the time of the death
of the testator
Article 794. Every devise or legacy shall cover all the interest GR: Entire interest of the testator in the property is given-not more, not less
which the testator could device or bequeath in the property Exception:
disposed of, unless it clearly appears from the will that he 1. Convey lesser interest if such intent clearly appears in the will
intended to convey a less interest. 2. Convey greater interest but limited only to such part or interest
3. He can convey property which he very well know does not belong to him provided that it also does not belong to the
legatee or devisee
Article 795. The validity of a will as to its form depends upon 2 Kinds of Validity
the observance of the law in force at the time it is made. a. Extrinsic validity-refers to the forms and solemnities needed (ex. Number of Witnesses, kind of instrument; )
1. From the viewpoint of Time (the law in force at the time the will is made)
2. From the viewpoint of Place or Country
*If Filipino- Philippine laws or those in the country where he may be
*If alien who is abroad- law of his domicile/his nationality/ Philippine laws/where he executes the will
*If alien in the Philippines-law of nationality/Philippine laws if executed in Philippines
b. Intrinsic validity-refers to the legality of the provisions in an instrument, contract or will(ex.Change in successional rights )
1. From the viewpoint of TIME (law in force at the time of the decedents death)
2. From the viewpoint of PLACE or COUNTRY (national law of decedent )
Renvoi Doctrine-the return or referring back to us of the problem ; can be applied if testator is a national of one and a domiciliary
 SUCCESSION NOTES
of another
Recognition
a. Compulsory
b. Voluntary
Sound mind implies that testator knows the following
a. Nature of the estate to be disposed of
b. Proper objects of his bounty
c. Character of the testamentary act

Testamentary Power Testamentary Capacity

Statutory right to dispose of property by acts effective mortis -right to make a will provided certain conditions are complied
causa with (not prohibited by law, at least 18 yo; sound mind)
2 kinds:
1. Active (capacity to make a will)
2. Passive (capacity to receive by virtue of a will)
-is the privilege granted by law to someone to make a will -ability of one to make a will
Article 796. All persons who are not expressly prohibited by GR: Capactiy
law may make a will. Exception: Incapacity
Two General qualification
1. 18 years old or over
2. Soundness of mind at the time the will is made
*convict under civil interdiction is allowed to make a will
*spendthrifts and prodigals can make a will
*applied only to natural persons not juridical like corporations
Article 797. Persons of either sex under eighteen years of age Age requirement- 18
cannot make a will. As individual is no longer subject to fraud, influence, or insidious machinations
Article 798. In order to make a will it is essential that the Soundness of mind at the time of the execution of the will, not before or after
testator be of sound mind at the time of its execution
Article 799. To be of sound mind, it is not necessary that the Requisites for Soundness of mind
testator be in full possession of all his reasoning faculties, or a. Nature of the estate to be disposed of
that his mind be wholly unbroken, unimpaired, or unshattered b. Proper objects of his bounty
by disease, injury or other cause. c. Character of the testamentary act
It shall be sufficient if the testator was able at the time of How unsoundness of mind is manifested:
making the will to know the nature of the estate to be a. Religious delusion resulting in the unsettling of judgment
disposed of, the proper objects of his bounty, and the b. Blind extraordinary belief in spirits while executing a will
character of the testamentary act. (n) c. Monomania
d. Insane delusions
e. Drunkenness
f. Idiocy
g. A comatose stage
h. State of delirium
Article 800. The law presumes that every person is of sound GR: Sanity
mind, in the absence of proof to the contrary. Exception: Insanity
The burden of proof that the testator was not of sound mind at He who alleges has the burden of proof
the time of making his dispositions is on the person who 2 instances when testator is presumed insane (the burden of proof is on the testator)
opposes the probate of the will; but if the testator, one month, a. If the testator, in a month or less before making the will was publicly known to be insane
or less, before making his will was publicly known to be insane, b. If the testator made the will after he has been judicially declared insane, and before such judicial order had been set aside
the person who maintains the validity of the will must prove that
 SUCCESSION NOTES
the testator made it during a lucid interval.
Article 801. Supervening incapacity does not invalidate an Validity=soundness of mind AT THE TIME OF EXECUTION of the will
effective will, nor is the will of an incapable validated by the *if sound before and after the execution, still valid but not during
supervening of capacity.
Article 802. A married woman may make a will without the Married woman may make a will without the consent of husband if the wife is at 18 yo and is of sound mind
consent of her husband, and without the authority of the court.
Article 803. A married woman may dispose by will of all her What wife can dispose Of in her will
separate property as well as her share of the conjugal a. The wife cannot dispose of her husband’s capital, in her will unless she knows that the same is not hers and intends that
partnership or absolute community property. her administrator or executor will purchase the same from her husband, for distribution to the heirs.
b. The law says that the wife can dispose of her share of the conjugal property
c. It is understood that the married woman must respect the legitime of her compulsory heirs
FORMS OF WILLS
Kinds of Wills
a. Ordinary or notarial wills- which requires attestation clause, and acknowledgment before a notary public
b. Holograph or holographic wills- written entirely, from the date to the signature, in the handwriting of the testator
Article 804. Every will must be in writing and executed in a Written wills not oral
language or dialect known to the testator. *Handwriting may be proved by witnesses who has seen the person write or his writing
*Handwriting experts help examine forged documents
Electronic Commerce- is the process of buying and selling goods and electronically by consumers and from company to company
through computerized business transactions
E-signature is not valid in the execution of the a will though valid in other contractual agreement
e-signature –a distinctive mark, characteristic and/or sound in electronic form representing the identity of the person
E-data message refers to the information generated, sent, received or stored by electronic optical or similar means
E-document refers to information or the representation of information, data, figures, symbols or other modes of written
*E-signature is not a handwritten signature that is scanned or graphically imprinted on the E-Document
Article 805. Every will, other than a holographic will, must be Requirements for a Notarial or Ordinary Will
subscribed at the end thereof by the testator himself or by the a. In writing
testator's name written by some other person in his presence, b. The will must be executed in a language or dialect known to the testator
and by his express direction, and attested and subscribed by c. The will must be subscribed (signed) at the end by the testator himself or by testator’s name written by another person in
three or more credible witnesses in the presence of the testator his presence, and by his express direction
and of one another. d. The will must be attested and subscribed by three or more credible witness in the presence of the testator and of one
The testator or the person requested by him to write his name another
and the instrumental witnesses of the will, shall also sign, as e. The testator or the person requested by him to write his name and the instrumental witnesses of the will shall sign each
aforesaid, each and every page thereof, except the last, on the and every page thereof except the last, on the left margin
left margin, and all the pages shall be numbered correlatively in f. All the page should be numbered correlatively in letters placed on the upper part of each page
letters placed on the upper part of each page. *if the will states the number of the page, not necessary to have page
The attestation shall state the number of pages used upon g. Purposes of the attestation clause
which the will is written, and the fact that the testator signed the 1. To preserve in permanent form the facts
will and every page thereof, or caused some other person to 2. To render available proof that there has been a compliance
write his name, under his express direction, in the presence of 3. To minimize the commission of fraud or undue influence
the instrumental witnesses, and that the latter witnessed and
signed the will and all the pages thereof in the presence of the
testator and of one another. VALID:
If the attestation clause is in a language not known to the *if the testator’s first name appears without surname =valid
witnesses, it shall be interpreted to them. *if the testator’s name is misspelled, abbreviated or by nickname or assumed name=valid
*if thumbark/ or with initials =valid
*sign with mere cross (if testator=valid; if somebody writes testator’s name=void)
*sign with mark=valid
 SUCCESSION NOTES
*Someone wrote testator’s name in his presence and express direction

INVALID:
*if the will is not signed at the end but somewhere else=invalid

Attestation Subscription
consists in witnessing the testator’s execution of the will in Is the signing of he witnesses’ names upon the same paper
order to see and take note mentally those things which are for the purpose of identifying such paper as the will was
done which the statute requires for the execution of a will and executed by the testator
that the signature of the testator exists as a fact
Article 806. Every will must be acknowledged before a notary Necessity of acknowledgment
public by the testator and the witnesses. The notary public shall -coerces testator and witnesses to declare before the law that they had executed and subscribed
not be required to retain a copy of the will, or file another with *Notarial will not acknowledge is void
the office of the Clerk of Court Acknowledgment-is the act of one who has executed a deed in going before some competent officer or court and declaring it to
be his act or deed
Jurat- part of an affidavit whereby the notary certifies that before him, the document was subscribed and sworn by testator.
Intervention of the Notary Public:
a. Does not have to be present at the execution of the will
b. The notary public is not required, not even allowed to read the contents unless permitted by testator except on blind
testator
c. The testator and the instrumental witness do not have to make acknowledgment in the presence of one another
d. The subscribing and attesting witness should be the one to acknowledge together with the testator
e. Notarial will is not a public instrument
Article 807. If the testator be deaf, or a deaf-mute, he must Rules when Testator is Deaf or a Deaf-Mute
personally read the will, if able to do so; otherwise, he shall a. If he cannot read the will, two persons must communicate the contents to him
designate two persons to read it and communicate to him, in
some practicable manner, the contents thereof. (n)
rticle 808. If the testator is blind, the will shall be read to him If blind, the reading be twice by:
twice; once, by one of the subscribing witnesses, and again, by 1. By one of the subscribing witnesses
the notary public before whom the will is acknowledged. (n) 2. And one by notary public
*if testator is deaf-mute and blind, cannot make a will unless the contents can be communicated to him in accordance with the legal
requirements
Article 809. In the absence of bad faith, forgery, or fraud, or Substantial Compliance is acceptable where the purpose of the law is satisfied
undue and improper pressure and influence, defects and Defects and Imperfections
imperfections in the form of attestation or in the language 1. In the form of the attestation
used therein shall not render the will invalid if it is proved 2. In the language used therein
that the will was in fact executed and attested in substantial *Substantive defects can be cured by evidence within the will itself
compliance with all the requirements of article 805. (n) *Purpose of the law in in requiring the attestation clause to state the number of pages is to safeguard against possible interpolation
or omission of one or some of its pages
Article 810. A person may execute a holographic will which Holographic Will –is one entirely written, dated and signed by the hand of the testator
must be entirely written, dated, and signed by the hand of the Advantage of the Holographic Will
testator himself. It is subject to no other form, and may be a. Easier to make
made in or out of the Philippines, and need not be witnessed. b. Easier to revise
c. Easier to keep secret
Disadvantages
a. Easier to forge by expert falsifiers
b. Easier to misunderstand
c. No guarantee that there was no fraud, force, intimidation, undue influence or soundness of mind of testator
 SUCCESSION NOTES
Formalities for a Holographic Will
a. The language must be known to the testator
b. The will must be entirely written in the hand of the testator himself
c. The will must be dated
1. the will must be dated
2. if the date is not given, the will is null and void
3. the date must be in handwriting, if printed ,whole will is void
4. date must be complete year month and day
5. an incorrect date made in good faith is valid; if intentional, void
d. the will must be signed by the testator
1. full or customary signature is needed (can habitual signature)
2. signature must appear at the end of the will
e. there must be animus testandi
f. executed at the time the holographic wills are allowed
other features of Holographic wills
a. no witnesses are required
b. no marginal signatures on the pages are required
c. no acknowledgment is required
d. only authenticate through his full name in case of insertion, cancellation, erasure or alteration
e. maybe made in or out of the Philippines even by Filipinos
f. may be made by blind testator (literate, at least 18, sound mind)
g. mechanical act of drafting may be left to someone as long as testator himself copies the draft in his own handwriting
*Construed liberally as it is prepared by the one not learned in the law. Made by experts or atty, construed strictly
Article 811. In the probate of a holographic will, it shall be Probate of Holographic Wills
necessary that at least one witness who knows the handwriting a. Probate means the allowance of the will by the court after its due execution has been proved
and signature of the testator explicitly declare that the will and b. Proof of identity of the signature and handwriting of the testator is important
the signature are in the handwriting of the testator. If the will is c. Probate may be uncontested (at least 1 verifying); contested (at least 3 identifying witnesses)
contested, at least three of such witnesses shall be required. d.
In the absence of any competent witness referred to in the
preceding paragraph, and if the court deem it necessary,
expert testimony may be resorted to. (619a)
Article 812. In holographic wills, the dispositions of the testator Dispositions Written below the signature must be both dated and signed; if dated but not signed or signed but not dated=void
written below his signature must be dated and signed by him in
order to make them valid as testamentary dispositions. (n)
Article 813. When a number of dispositions appearing in a Rules for Curing Defect
holographic will are signed without being dated, and the last a. If the last disposition is signed and dated
disposition has a signature and a date, such date validates the 1. Preceding dispositions SIGNED BUT NOT DATED are validated
dispositions preceding it, whatever be the time of prior 2. Preceding dispositions NOT SIGNED BUT DATED are void
dispositions. 3. Preceding dispositions NOT SIGNED NOT DATED are void
Article 814. In case of any insertion, cancellation, erasure or Full signature means the full or usual or customary signature
alteration in a holographic will, the testator must authenticate
the same by his full signature.
Article 815. When a Filipino is in a foreign country, he is Formalities of Wills executed by Filipinos abroad
authorized to make a will in any of the forms established by the -when authorized in any forms established by the law of the country in which he may be
law of the country in which he may be. Such will may be *in the absence of contrary proof foreign laws on the formalities of the will are presumed to be the same as those existing in the
probated in the Philippines. Philippines (Doctine of Processual presumption)

Article 816. The will of an alien who is abroad produces effect Formalities for Wills executed by Aliens Abroad
 SUCCESSION NOTES
in the Philippines if made with the formalities prescribed by the a. The place of his residence or domicile
law of the place in which he resides, or according to the b. His own country or nationality
formalities observed in his country, or in conformity with those c. The Philippines
which this Code prescribes. (n) d. The law of the place of the execution
Article 817. A will made in the Philippines by a citizen or Formalities for Wills executed by Aliens in the Philippines
subject of another country, which is executed in accordance a. Lex nationalii
with the law of the country of which he is a citizen or subject, b. Lex loci celebrationis
and which might be proved and allowed by the law of his own
country, shall have the same effect as if executed according to
the laws of the Philippines. (n)
Article 818. Two or more persons cannot make a will jointly, or Joint Wills are those which contain in one instrument the will of two or more persons=not valid (allowed in Germany)
in the same instrument, either for their reciprocal benefit or for Reason for Joint Wills to be valid:
the benefit of a third person. a. To allow possible secrecy
b. Prevent undue influence
c. Probate would be harder in case death of testators are at different times
d. It militates against the right of testator to revoke his will at any time
e. One may be attempted to kill the other, in case of husband or wife
Not Joint Wills
1. Made on Single sheet of paper, the first on front and the second on the reverse side
2. Made on the same page without dividing line between them but neither combining the signature of both
Mutual Wills provides that the survivor of the testators will succeed to all or some of the properties of the decedent
Article 819. Wills, prohibited by the preceding article, executed Effect of Joint Wills executed abroad
by Filipinos in a foreign country shall not be valid in the -prohibition only for Filipinos
Philippines, even though authorized by the laws of the country -if by foreigners executed abroad, valid
where they may have been executed. (733a) -if by foreigners executed in the Philippines, void
Article 820. Any person of sound mind and of the age of Qualifications for Witnesses:
eighteen years or more, and not blind, deaf or dumb, and able a. Be of sound mind (art 820)
to read and write, may be a witness to the execution of a will b. Be at least 18 years (art 820)
mentioned in article 805 of this Code. c. Be able to read and write (art 820)
d. Not be blind, deaf, or dumb (Art 820)
e. Be domiciled in the Philippines (Art 821)
f. Not have been convicted (by final judgement) of FALSIFICATION of a document; PERJURY; FALSE TESTIMONY(821)
Article 821. The following are disqualified from being Reasons for the Requirement of Domicile:
witnesses to a will: a. That the witness will be available at the time the will is presented for probate
(1) Any person not domiciled in the Philippines; b. The likeness of personal acquaintance with the testator
(2) Those who have been convicted of falsification of a *if Filipino in US and will made in US, the witnesses does not have to be domiciled in the Philippines
document, perjury or false testimony. (n) Rules regarding Convicted Witnesses
a. Falsification of document
b. Perjury
c. False testimony
*if pardoned because of innocence= may be a witness; because of Executive grace or clemency=not allowed to witness
*notary public is disqualified to be a witness
Article 822. If the witnesses attesting the execution of a will Effect of Subsequent Incapacity immaterial; not impaired
are competent at the time of attesting, their becoming
subsequently incompetent shall not prevent the allowance of
the will.
Article 823. If a person attests the execution of a will, to whom Witnesses cannot inherent
or to whose spouse, or parent, or child, a devise or legacy is a. Incapacitated to inherit but not incapacitated as witnesses
 SUCCESSION NOTES
given by such will, such devise or legacy shall, so far only as b. If there are 3 other witness, valid
concerns such person, or spouse, or parent, or child of such c. The disqualification extends to-(ws[c)
person, or any one claiming under such person or spouse, or 1. Witness
parent, or child, be void, unless there are three other 2. Spouse of witness
competent witnesses to such will. However, such person so
3. Parent of witness
attesting shall be admitted as a witness as if such devise or
legacy had not been made or given 4. Child of witness
5. Anyone claiming right of said witness
*if witness is a compulsory heir, still entitled to legitime
Article 824. A mere charge on the estate of the testator for the A creditor is qualified to receive his credit even he be a witness
payment of debts due at the time of the testator's death does
not prevent his creditors from being competent witnesses to his
will
Article 825. A codicil is supplement or addition to a will, made Codicil from latin codex which means little code or a little will
after the execution of a will and annexed to be taken as a part -is made after a will is made
thereof, by which disposition made in the original will is Conflict between a will and codicil, latter prevails
explained, added to, or altered
Article 826. In order that a codicil may be effective, it shall be Formalities of a Will
executed as in the case of a will a. Notarial or ordinary codil
b. Holographic
*A valid will can never be revoked by an invalid codicil
Article 827. If a will, executed as required by this Code, Requisites for Validity of Documents incorporated by Reference
incorporates into itself by reference any document or paper, a. in existence at the time of the execution of the will
such document or paper shall not be considered a part of 1. Reference to future papers are void
the will unless the following requisites are present: 2. Reference to papers having been already made
(1) The document or paper referred to in the will must b. Clearly describe and identify the same, stating among other things the number f pages thereof
be in existence at the time of the execution of the will; c. Identified by clear and satisfactory proof
(2) The will must clearly describe and identify the d. Signed by the testator and the witnesses on each and every page
same, stating among other things the number of *incorporation can only be done in notarial wills unless holographic wills have at least 3 witnesses
pages thereof;
(3) It must be identified by clear and satisfactory proof
as the document or paper referred to therein; and
(4) It must be signed by the testator and the witnesses
on each and every page, except in case of voluminous
books of account or inventories. (n)
Article 828. A will may be revoked by the testator at any time Revocability of a Will-A will is revocable and Ambulatory during the lifetime of the testator
before his death. Any waiver or restriction of this right is void.
Article 829. A revocation done outside the Philippines, by a Conflict Rules for revocation of wills
person who does not have his domicile in this country, is valid A. Revocation outside the Philippines
when it is done according to the law of the place where the will 1. NOT Domiciled in the Philippines
was made, or according to the law of the place in which the a. Lex loci celebrationis
testator had his domicile at the time; and if the revocation takes b. Domiciliary
place in this country, when it is in accordance with the 2. Domiciled in the Phil
provisions of this Code. (n) a. Law of the Phil
b. Lex loci celebrationis
B. Revocation in the Philippines, follow Philippine law
Article 830. No will shall be revoked except in the following Local or Domestic ways of revocation
cases: a. By implication or operation of law
(1) By implication of law; or b. By virture of overt act
 SUCCESSION NOTES
(2) By some will, codicil, or other writing executed as 1. Burning (even small part; thrown into the fire even without scorching; )
provided in case of wills; or *No revocation when thrown but was later removed; thrown or burned accidentally; envelope was burned but will
(3) By burning, tearing, cancelling, or obliterating the untouched
will with the intention of revoking it, by the testator 2. Tearing (slight tear; animo revocandi; cutting; tearing signature alone)
himself, or by some other person in his presence, and *Crumpling does not constitute revocation
by his express direction. If burned, torn, cancelled, or 3. Obliterating (ineligible) or Cancelling (drawing of lines across text)
obliterated by some other person, without the express *if mutilated by error without animo revocandi, no revocation
direction of the testator, the will may still be Requisites:
established, and the estate distributed in accordance 1. There must be overt act
therewith, if its contents, and due execution, and the 2. Completion at least of the subjective phase of the overt act
fact of its unauthorized destruction, cancellation, or 3. There must be animus revocandi
obliteration are established according to the Rules of 4. The testator at the time of revoking must have the capacity to make a will
Court. (n) 5. The revocation must be done by the testator
c. Revocation by execution of another will or codicil
Probate of Lost or Destroyed Notarial Wills
a. Oral or parol evidence
b. Carbon copies
Article 831. Subsequent wills which do not revoke the previous Implied revocation
ones in an express manner, annul only such dispositions in
the prior wills as are inconsistent with or contrary to those
contained in the later wills
Article 832. A revocation made in a subsequent will shall A valid though ineffective will can revoke
take effect, even if the new will should become inoperative by An invalid and ineffective will cannot revoke
reason of the incapacity of the heirs, devisees or legatees
designated therein, or by their renunciation. (
Article 833. A revocation of a will based on a false cause or an False cause or illegal cause=void
illegal cause is null and void.
Article 834. The recognition of an illegitimate child does not Voluntary recognition of an illegitimate child
lose its legal effect, even though the will wherein it was made 1. Record of birth
should be revoked. 2. Will
3. Statement before a court record
4. Any authentic writing
Will is revocable but recognition is irrevocable
Article 835. The testator cannot republish, without reproducing Republication is the prcess of re-establishing a will which has become useless because it was void or had been revoked
in a subsequent will, the dispositions contained in a previous a. Re-execution
one which is void as to its form. b. Execution of a codicil
Article 836. The execution of a codicil referring to a previous Requisites and Limitations of Republication
will has the effect of republishing the will as modified by the a. To republish a will void as to its FORM, all the dispositions must be reproduced or copied in the new or subsequent will
codicil. (n) b. To republish a will valid as to its form but already revoked, the execution of codicil which makes reference to the revoked
will is sufficient
Effects of Republication
a. The codicil revives the previous will
b. The old will is republished as of the date of the codicil
c. Governed by the statute enacted subsequent to the execution of will
Article 837. If after making a will, the testator makes a second Republication Revival
will expressly revoking the first, the revocation of the second -act of testator -takes place by operation of law
will does not revive the first will, which can be revived only by -restoration or re-establishment of revoked will
another will or codicil.
 SUCCESSION NOTES
Does not apply to implied revocation

Article 838. No will shall pass either real or personal property Probate- is the act of proving before a competent court the due execution of a will by a person possessed of testamentary capacity
unless it is proved and allowed in accordance with the Rules of as well as approval thereof by the court
Court. a. Probate during the testator’s lifetime
The testator himself may, during his lifetime, petition the court b. Probate after death
having jurisdiction for the allowance of his will. In such case, Probate Proceedings
the pertinent provisions of the Rules of Court for the allowance 1. Orders the probate proper of the will
of wills after the testator's a death shall govern. 2. Grants letters testamentary or letters with a will annexed
The Supreme Court shall formulate such additional Rules of 3. Hears and approves claims against the estate
Court as may be necessary for the allowance of wills on 4. Orders the payment of the lawful debts
petition of the testator. 5. Authorizes the sale, mortgage, or any other encumbrance of real estate
Subject to the right of appeal, the allowance of the will, either 6. And directs the delivery of the estate or properties to those who are entitled thereto
during the lifetime of the testator or after his death, shall be
conclusive as to its due execution.
Article 839. The will shall be disallowed in any of the following Ground given are exclusive
cases: *Ground of force, duress and threat, under and improper pressure connotes the idea of coercion
(1) If the formalities required by law have not been *Mere inequality no matter how great, in distributing the estate is not evidence of undue influence
complied with; *Ratification cannot cure defect
(2) If the testator was insane, or otherwise mentally Fraud is the use of insidious machinations to convince a person to do what ordinarily he would not have done and renders will
incapable of making a will, at the time of its execution; voidable
(3) If it was executed through force or under duress, Allowance of will proved outside the Philippines
or the influence of fear, or threats; -heard in RTC with notice of hearing
(4) If it was procured by undue and improper pressure
and influence, on the part of the beneficiary or of
some other person;
(5) If the signature of the testator was procured by
fraud;
(6) If the testator acted by mistake or did not intend
that the instrument he signed should be his will at the
time of affixing his signature thereto.
Article 840. Institution of heir is an act by virtue of which a Requisites for Valid Institution
testator designates in his will the person or persons who are to a. Must be EXTRINSICALLY valid (testator capacitated, formalities observed, no vitiated consent, duly probated)
succeed him in his property and transmissible rights and b. Must be valid INTRINSICALLY (legitime not impaired; heir must be certain or ascertainable; no preteriiton )
obligations c. The institution must be EFFFECTIVE (no predecease, no repudiation by the heir, no incapacity of the heir)
Article 841. A will shall be valid even though it should not A will unless otherwise defective is valid even if
contain an institution of an heir, or such institution should not a. There is no institution of heir
comprise the entire estate, and even though the person so b. Only a portion of estate
instituted should not accept the inheritance or should be c. The heir repudiate or is incapacitated
incapacitated to succeed.
In such cases the testamentary dispositions made in
accordance with law shall be complied with and the remainder
of the estate shall pass to the legal heirs. (764)
Article 842. One who has no compulsory heirs may dispose by Rules for Freedom of Disposition of Estate
will of all his estate or any part of it in favor of any person a. If one has NO compulsory heirs, he can give his estate or any portion bur with respect to restriction imposed by special
having capacity to succeed. laws
One who has compulsory heirs may dispose of his estate b. If one HAS compulsory heirs , must respect legitime (i/2 of the estate) and only the free portion can be given
provided he does not contravene the provisions of this Code Divesity of apportionment is the usual reason for making a testament, otherwise the decedent might as well die intestate
 SUCCESSION NOTES
with regard to the legitime of said heirs. (763a)
Article 843. The testator shall designate the heir by his If theres doubt, no one inherits
name and surname, and when there are two persons having
the same names, he shall indicate some circumstance by
which the instituted heir may be known.
Even though the testator may have omitted the name of the
heir, should he designate him in such manner that there can be
no doubt as to who has been instituted, the institution shall be
valid.
Article 844. An error in the name, surname, or circumstances Mere error in designation of name or circumstances is not important as long as the intent is clear, and there is positive identification
of the heir shall not vitiate the institution when it is possible, in Misdescription may be corrected even by extrinsic evidence but not by ORAL declaration
any other manner, to know with certainty the person instituted.
If among persons having the same names and surnames, there
is a similarity of circumstances in such a way that, even with
the use of other proof, the person instituted cannot be
identified, none of them shall be an heir. (773a)
Article 845. Every disposition in favor of an unknown person Unknown person is one who cannot be identified from the will hence void
shall be void, unless by some event or circumstance his Special Kinds of Class institution- valid
identity becomes certain. However, a disposition in favor of a a. Of the poor in general
definite class or group of persons shall be valid. (750a) b. Relatives of the testator
c. A person and his children
d. Brothers and sisters of the full and half-blood
e.

Article 846. Heirs instituted without designation of shares shall Legitime must first be removed and what remains can be divided equally
inherit in equal parts
Article 847. When the testator institutes some heirs Combination of Individual and Collective Institution
individually and others collectively as when he says, "I
designate as my heirs A and B, and the children of C," those
collectively designated shall be considered as individually
instituted, unless it clearly appears that the intention of the
testator was otherwise.
Article 848. If the testator should institute his brothers and In testate succession the shares are the same for full and half-blood
sisters, and he has some of full blood and others of half blood, In intestate succession, full-blood gets double the share of half-blood
the inheritance shall be distributed equally unless a different
intention appears. (770a)
Article 849. When the testator calls to the succession a person Deemed means presumed
and his children they are all deemed to have been instituted
simultaneously and not successively. (771)
Article 850. The statement of a false cause for the institution Evidence of intent must appear that the testator would not have made institution has he known of the false cause, proof outside
of an heir shall be considered as not written, unless it appears the will is inadmissible
from the will that the testator would not have made such Institution because of illegal cause
institution if he had known the falsity of such cause. (767a) 1. Real motive was illegal=voi
2. Real motive is generosity, liberality or affection and illegal cause is only incidental=valid
Article 851. If the testator has instituted only one heir, and the Applies when there is a remainder or balance and there is NO INTENT to give all to the instituted heir. If with intent, the
institution is limited to an aliquot part of the inheritance, legal remainder should be divided proportionately
succession takes place with respect to the remainder of the
estate.
 SUCCESSION NOTES
The same rule applies if the testator has instituted several
heirs, each being limited to an aliquot part, and all the parts do
not cover the whole inheritance. (n)
Article 852. If it was the intention of the testator that the Rule if intent is to give entire estate
instituted heirs should become sole heirs to the whole estate, GR: LEGAL SUCCESSION TAKES PLACE WHEN THERE IS A REMAINDER AND NO INTENT TO GIVE ALL TO INSTUTED
or the whole free portion, as the case may be, and each of HEIR
them has been instituted to an aliquot part of the inheritance EXCEPTION: WHEN THERE IS AN INTENT, EACH PART OF THE INSTITUTED HEIR BE INCREASED PROPORTIONATELY
and their aliquot parts together do not cover the whole
inheritance, or the whole free portion, each part shall be
increased proportionally.
Article 853. If each of the instituted heirs has been given an If more the estate is not enough to cover the aliquot part given to each instituted heir, it must be reduced
aliquot part of the inheritance, and the parts together exceed
the whole inheritance, or the whole free portion, as the case
may be, each part shall be reduced proportionally. (n)
Article 854. The preterition or omission of one, some, or all of Preterition or pretermission is the omission whether or not of a compulsory heir in the inheritance of a person
the compulsory heirs in the direct line, whether living at the Requisites:
time of the execution of the will or born after the death of the a. There is total omission in the inheritance
testator, shall annul the institution of heir; but the devises b. The omission must be of compulsory heir
and legacies shall be valid insofar as they are not inofficious. c. Compulsory heir must be in the direct line
If the omitted compulsory heirs should die before the testator, Effect of Preterition
the institution shall be effectual, without prejudice to the right of a. Institution of heirs is annulled (intestate succession would then take place)
representation. (814a) b. The legacies and devisee remain valid insofar as it is nor inofficious
Article 855. The share of a child or descendant omitted in a A child who had not received anythingI( in a will or donation) shall get through intestacy if anything is left of the
will must first be taken from the part of the estate not disposed inheritance but entitled to the completion of legitime taken proportionally from the shares of compulsory heirs.
of by the will, if any; if that is not sufficient, so much as may be
necessary must be taken proportionally from the shares of the
other compulsory heirs. (1080a)
Article 856. A voluntary heir who dies before the testator A voluntary heir cannot be represented cannot be represented.
transmits nothing to his heirs. Compulsory heir transmits no right although there is right of representation
A compulsory heir who dies before the testator, a person
incapacitated to succeed, and one who renounces the
inheritance, shall transmit no right to his own heirs except in
cases expressly provided for in this Code. (766a
Article 857. Substitution is the appointment of another heir so Substitution
that he may enter into the inheritance in default of the heir 1. Provide for the designation of another heir to whom property shall pass in case the original heir should die before him,
originally instituted. (n renounce or be incapacitated
2. Leave his property to one person with express charge that it be transmitted subsequently to another (fidiecommmissary)
Purpose of Substitution:
a. To prevent property from falling into the ownership of people not desired by the testator
b. To prevent the effects of intestate succession
c. To allow the testator greater freedom to help or reward those who by reason of services rendered to the testator, are more
worthy of his affection and deserving of his bounty than intestate heirs
Article 858. Substitution of heirs may be: Types of Substitution:
(1) Simple or common; a. Simple or common (sustitucion vulgar)- testator designate one or more person to substitute heirs
(2) Brief or compendious; b. Brief (sustitucion brevilocua)- two or more person be substituted for one; and
(3) Reciprocal; or Compendious (compediosa)-one person for 2 or more heirs
(4) Fideicommissary. (n) c. Reciprocal substitution (sustitucion reciproca)-instituted heirs are made substitute of each other
d. Fideicommissary – testator institute First heir and charges him to preserve and transmit the whole or part of the
 SUCCESSION NOTES
inheritance later to a 2nd heir
Article 859. The testator may designate one or more persons Express substitution
to substitute the heir or heirs instituted in case such heir or 1. Predecease
heirs should die before him, or should not wish, or should be 2. Renunciation or repudiation
incapacitated to accept the inheritance. 3. Incapacity
A simple substitution, without a statement of the cases to which Instances when substitution is extinguished
it refers, shall comprise the three mentioned in the preceding a. Substitute predecease
paragraph, unless the testator has otherwise provided. (774) b. Substitute is incapacitated
c. Substitute renounces
d. Institution of heirs is annulled
e. Institution or substitution is revoked
f. Will is void or disallowed or revoked
Article 860. Two or more persons may be substituted for one; Brief Substitution- 2 or more takes place of one
and one person for two or more heirs. (778) Compendious-one takes place of 2 or more
Article 861. If heirs instituted in unequal shares should be Reciprocal substitution the instituted heirs are also made substitute of each other
reciprocally substituted, the substitute shall acquire the share If unequal share, same proportional share in substitution
of the heir who dies, renounces, or is incapacitated, unless it
clearly appears that the intention of the testator was otherwise.
If there are more than one substitute, they shall have the same
share in the substitution as in the institution. (779a)
Article 862. The substitute shall be subject to the same GR: if substitute inherits, he must fulfil the conditions imposed on the original heir
charges and conditions imposed upon the instituted heir, EXC: testator expressly provided the contrary or if charges and conditions are personally applicable
unless and testator has expressly provided the contrary, or the
charges or conditions are personally applicable only to the heir
instituted.
Article 863. A fideicommissary substitution by virtue of which Fideicommissary – testator institute First heir and charges him to preserve and transmit the whole or part of the inheritance later
the fiduciary or first heir instituted is entrusted with the to a 2nd heir
obligation to preserve and to transmit to a second heir the Requisites:
whole or part of the inheritance, shall be valid and shall take a. There must be a first heir (capacitated and accepts)called primarily or preferentially to the enjoyment of the property
effect, provided such substitution does not go beyond one b. There must be an obligation clearly imposed upon hi to preserve and transmit to a third person
degree from the heir originally instituted, and provided further, c. A second heir
that the fiduciary or first heir and the second heir are living at d. 1st and 2nd must be only one degree apart
the time of the death of the testator. (781a) e. Both heirs must e alive at the time of the testatrs death
f. Made n express manner
g. Must not burden the legitime
h. Must not be conditional
(acc. Atty luza1. To preserve and transmit 2. One degree3. 1st and 2nd heir are living at the time of the death of the testator)
Purpose of Fideicommissary Substitution – for prestige and prosperity and compliment of freedom of disposition
Disadvantages
a. The free circulation of property is somewhat curtailed, resulting in suspended ownership
b. The property may be locked up or entailed in a family for long period
c. It is opposed to the liberty of property and to the principle that the making of a will is a strictly personal act
d. The original purpose is feudalistic and is not in accord with the modern concept of ownership which puts the welfare f
society over and above that of a particular family
Fideicomiso Fideicomisoria mayorazco
Only one heir with an agent or there are two heirs, the first not being a Property or the greater portion of it was
middleman who cannot succeed but mere agent handed down from a generation to
intervene only in order that an generation through oldest child
 SUCCESSION NOTES
incapacitated can succeed. m
Article 864. A fideicommissary substitution can never burden Legitime is expressly reserved for compulsory heirs
the legitime. (782a)
Article 865. Every fideicommissary substitution must be Fideicomissary substitution must be made expressly
expressly made in order that it may be valid. Extent of inheritance depends upon the testator
The fiduciary shall be obliged to deliver the inheritance to the Caveat emptor applies if the buyer bought it in good faith with the first heir who does not have the right to dispose
second heir, without other deductions than those which arise Deductions
from legitimate expenses, credits and improvements, save in a. Legitimate expenses- repairs for the preservation
the case where the testator has provided otherwise. (783) b. Legitimate credits
c. Legitimate improvements
Article 866. The second heir shall acquire a right to the 2nd heir inherits not from the first heir but from testator passes to heirs
succession from the time of the testator's death, even though
he should die before the fiduciary. The right of the second heir
shall pass to his heirs. (784)
Article 867. The following shall not take effect: Perpetual prohibition to alienate is invalid, only up to 20 years
(1) Fideicommissary substitutions which are not made Temporary Prohibition- even if exceeds 20 years so long as the first heir is not dead yet
in an express manner, either by giving them this Secret instructions are of no effect
name, or imposing upon the fiduciary the absolute
obligation to deliver the property to a second heir;
(2) Provisions which contain a perpetual prohibition to
alienate, and even a temporary one, beyond the limit
fixed in article 863;
(3) Those which impose upon the heir the charge of
paying to various persons successively, beyond the
limit prescribed in article 863, a certain income or
pension;
(4) Those which leave to a person the whole or part of
the hereditary property in order that he may apply or
invest the same according to secret instructions
communicated to him by the testator. (785a)
Article 868. The nullity of the fideicommissary substitution If the first heir dies the second heir would still inherit
does not prejudice the validity of the institution of the heirs first
designated; the fideicommissary clause shall simply be
considered as not written. (786)
Article 869. A provision whereby the testator leaves to a Grant of Usufruct to another, and to other the naked ownership is valid
person the whole or part of the inheritance, and to another the
usufruct, shall be valid. If he gives the usufruct to various
persons, not simultaneously, but successively, the provisions of
article 863 shall apply. (787a)
Article 870. The dispositions of the testator declaring all or part Prohibition to alienate for more than 20 years is Void
of the estate inalienable for more than twenty years are void.
(n)
Article 871. The institution of an heir may be made Various kinds of institutions
conditionally, or for a certain purpose or cause. (790a) a. With a condition (future or uncertain event)
b. With a term (day or time when the obligation becomes demandable or terminates)
c. For a certain purpose or cause (modal institution
Article 872. The testator cannot impose any charge, condition, Only prohibition that is valid
or substitution whatsoever upon the legitimes prescribed in this
 SUCCESSION NOTES
Code. Should he do so, the same shall be considered as not
imposed. (813a)
Article 873. Impossible conditions and those contrary to law or When Condition is consirered void and unwritten but the institution and testamentary disposition will be considered as
good customs shall be considered as not imposed and shall valid.
in no manner prejudice the heir, even if the testator should A will cannot go against the law
otherwise provide. (792a) A vague condition is seemed an impossible condition
Article 874. An absolute condition not to contract a first or GR: CONDITION NOT TO MARRY IS VOID as contrary to morality and public policy
subsequent marriage shall be considered as not written unless Exception: Condition not to marry is only valid if imposed on widow or widower by the deceased spouse, ascendants or
such condition has been imposed on the widow or widower by descendants
the deceased spouse, or by the latter's ascendants or
descendants. Relative prohibition is valid unless it becomes burdensome or onerous
Nevertheless, the right of usufruct, or an allowance or some Condition to marry a particular person or at a particular place or time is valid unless impossible or illegal
personal prestation may be devised or bequeathed to any
person for the time during which he or she should remain
unmarried or in widowhood. (793a)
Article 875. Any disposition made upon the condition that the Disposition captatoria- disposition made upon the condition that the heir shall make some provision in his will in favor of the
heir shall make some provision in his will in favor of the testator testator
or of any other person shall be void. (794a)
Article 876. Any purely potestative condition imposed upon Potestative condition is one the fulfilment of which depends purely on the heir
an heir must be fulfilled by him as soon as he learns of the When obligation are both potestative and suspensive is vid
testator's death
This rule shall not apply when the condition, already complied
with, cannot be fulfilled again. (795a)
Article 877. If the condition is casual or mixed, it shall be Casual if it depends upon chance and/or the will of the 3rd person
sufficient if it happen or be fulfilled at any time before or after Mixed condition if it depends partly both upon the will of the heir himself and upon chance and/or will of a 3 rd person
the death of the testator, unless he has provided otherwise. Substantial or Constructive Compliance is sufficient for potestative and mixed conditions when non-fulfillment is caused by the
Should it have existed or should it have been fulfilled at the person interested in the nonfulfillment
time the will was executed and the testator was unaware
thereof, it shall be deemed as complied with.
If he had knowledge thereof, the condition shall be considered
fulfilled only when it is of such a nature that it can no longer
exist or be complied with again. (796)
Article 878. A disposition with a suspensive term does not Suspensive Term is one that merely suspense the demandability of a right. It is sure to happen
prevent the instituted heir from acquiring his rights and Condition Term
transmitting them to his heirs even before the arrival of the -may or may not happen -is sure to happen
term. (799a)
Article 879. If the potestative condition imposed upon the heir Caucion Muciana is the bond or securit0079
is negative, or consists in not doing or not giving something, he
shall comply by giving a security that he will not do or give that
which has been prohibited by the testator, and that in case of
contravention he will return whatever he may have received,
together with its fruits and interests. (800a)
Article 880. If the heir be instituted under a suspensive Estate shall in the meantime be placed under administration (suspensive term/condition)
condition or term, the estate shall be placed under If it becomes certain that condition cannot be fulfilled, administration will cease and the estate will be given to the legal heirs not to
administration until the condition is fulfilled, or until it becomes instituted heirs
certain that it cannot be fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give the security
required in the preceding article. (801a)
 SUCCESSION NOTES
Article 881. The appointment of the administrator of the estate executor administrator Admin with a will annexed Special administrator
mentioned in the preceding article, as well as the manner of the
When there is a will, an If no will, the court appoints an If there’s a will but no executor Is one appointed
administration and the rights and obligations of the
executor appointed in such administrator but only when it has been named or named temporarily as administrator
administrator shall be governed by the Rules of Court. (804a)
will takes charge in carrying is required and the court will but incompetent or unwilling, pending the qualification of
out the wishes of the testator give letters of administration the Court appoints an executor or administrator
(letters testamentary) administrator which is called to meet the urgent needs of
administrator with a will estate
annexed and granted letters
of administration with a will
annexed
Qualifications:

No person who is competent t serve as executor or administrator who is a

a. Minro
b. Not a resident of the Philippines’in the opinion of the Court unfit to execute the duties of trust by reason of drunkenness,
improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude

Executor surviving husband or wife next of Kinprincipal creditors court select

Clerk f court or any court employee cannot be preferred in administration

Article 882. The statement of the object of the institution, or Modal Institution
the application of the property left by the testator, or the charge a. Object of the institution
imposed by him, shall not be considered as a condition unless b. Application f the property left by the testator
it appears that such was his intention. c. Charge imposed by testator
That which has been left in this manner may be claimed at Modal Institution Conditional Institution
once provided that the instituted heir or his heirs give security -is not a conditionbut when violated, the instituted heir forfeit Suspensive- even if the heir wants security, he will never be
for compliance with the wishes of the testator and for the return the inheritance and return the fruits and interest allowed to do so unless condition are met and property be
of anything he or they may receive, together with its fruits and -inheritance can immediately be demanded provided security placed under administration
interests, if he or they should disregard this obligation. (797a) is given Resolutory- the property can be taken upon giving security
-obligates but does not suspend,he who inherits is already heir -suspends but not obligate
Article 883. When without the fault of the heir, an institution Analogous or Substantial Compliance (1 st par)
referred to in the preceding article cannot take effect in the Constructive fulfilment (2nd par)
exact manner stated by the testator, it shall be complied with in
a manner most analogous to and in conformity with his
wishes.
If the person interested in the condition should prevent its
fulfillment, without the fault of the heir, the condition shall be
deemed to have been complied with. (798a)
Article 884. Conditions imposed by the testator upon the heirs Suppletory Force of Rules on Conditional Obligation
shall be governed by the rules established for conditional
obligations in all matters not provided for by this Section.
(791a)
Article 885. The designation of the day or time when the Institution with a term
effects of the institution of an heir shall commence or cease a. Suspensive term or ex die-effects begin from a certain day
shall be valid. b. Resolutory term or in diem-effects cease on a certain day
 SUCCESSION NOTES
In both cases, the legal heir shall be considered as called to c. Ex die in diem-from a certain day to a certain day
the succession until the arrival of the period or its expiration.
But in the first case he shall not enter into possession of the
property until after having given sufficient security, with the
intervention of the instituted heir. (805
Article 886. Legitime is that part of the testator's property 3 systems affecting legitime
which he cannot dispose of because the law has reserved it for a. System of legitime (Partial Reservation)- ½ legitime; ½ free portion
certain heirs who are, therefore, called compulsory heirs. (806) b. System of total reservation-everything goes to compulsory heirs
c. System of total freedom of disposition- no legitime
Purpose of Legitime- protect the children and the surviving widow/er
Article 887. The following are compulsory heirs: Classes of Compulsory Heirs
(1) Legitimate children and descendants, with respect a. Primary compulsory heirs –get their legitime even in the presence of other primary or secondary heirs No1,3,4,5 of art 887
to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and b. Secpndary
ascendants, with respect to their legitimate children
and descendants; PRIMARY COMPULSORY HEIRS SECONDARY COMPULSORY HEIRS
(3) The widow or widower; 1. Legitimate and their descendants 4. Legitimate parents and ascendants
(4) Acknowledged natural children, and natural 2. Surviving spouse 5. Illegitimate parents
children by legal fiction; 3. Illegitimate children
(5) Other illegitimate children referred to in article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are
not excluded by those in Nos. 1 and 2; neither do they
exclude one another.
In all cases of illegitimate children, their filiation must be duly
proved.The father or mother of illegitimate children of the three
classes mentioned, shall inherit from them in the manner and
to the extent established by this Code. (807a)