SUCCESSION San Beda Reviewer

San Beda College of Law
53
MEMORY AID IN CIVIL LAW
SUCCESSION
SUCCESSION
A mode of acquisition by virtue
of which the property, rights and
obligations to the extent of the
value of the inheritance, of a
person are transmitted through
his death to another or others
either by his will or by operation
of law. (Art. 774)
Kinds:
. !estamentary or !estacy (by will)"
#. $egal or intestacy (by operation of
law based on the decedent%s
presumed will)"
&. 'ixed ((artly !estamentary and
$egal)" and
4. (artition inter vivos (to a certain
degree).
Elements:
. )*+*)*,! (sub-ective element)
#. ./++*..01. (sub-ective element)
a. 2eirs 3 those who are called to
the whole or to an aliquot
portion of the inheritance either
by will or by operation of law
) 4oluntary 5 those instituted
by the testator in his will, to
succeed to the inheritance
or the portion thereof of
which the testator can freely
dispose.
#) +ompulsory or 6orced 5 those
who succeed by force of law
to some portion of the
inheritance, in an amount
predetermined by law,
7nown as the legitime.
&) $egal or 8ntestate 5 those
who succeed to the estate of
the decedent who dies
without a valid will, or to
the portion of such estate
not disposed of by will.
b. )evisees or legatees 3 persons to
whom gifts of real or personal
property are respectively given
by virtue of a will
NOTE: !he distinctions between
heirs and devisees9legatees are
significant in these cases:
. (reterition (pretermission)
#. 8mperfect disinheritance
&. After3acquired properties
4. Acceptance or non3
repudiation of the
successional rights.
&. )*A!2 06 !2* )*+*)*,! (casual
element)
'oment when rights to succeed are
transmitted (Art 777)
2owever, a person may be
;presumed< dead for the purpose of
opening his succession (see rules on
presumptive death). 8n this case,
succession is only of provisional
character because there is always
the chance that the absentee may
still be alive.
4. 8nheritance (ob-ective element)"
NOTE: =hatever may be the time when
actual transmission ta7es place,
succession ta7es place in any event at
the moment of the decedent%s death.
(Lorenzo vs. Posadas 64 Phil 353)
SUCCESSION INHERITANCE
1efers to the legal
mode by which
inheritance is
transmitted to the
persons entitled
to it
1efers to the
universality or
entirety of the
property, rights
and obligations of a
person who died
Inheritance includes:
. (10(*1!>, 18?2!. A,) 0@$8?A!80,.
NO !"#N$%#&'!( @> )*A!2
General rules on rights and
obligations extinguished b his
death
a) 1ights which are purel) personal
are by their nature and purpose
intrans*issi+le for they are
e,tinguished +) death (e.g.
those relating to civil
personality, family rights,
discharge of office).
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1ic"! o2 /a3+
54
b) 1ights which are patri*onial or
relating to property are
generally part of inheritance as
they are not e,tinguished +)
death.
c) -ights of o+ligations are by
nature trans*issi+le and may
constitute part of inheritance
both with respect to the rights
of the creditor and as regards to
the obligations of the debtor.
#. A$$ =28+2 2A4* .//-%!( !2*1*!0
.8,+* !2* 0(*,8,? 06 ./++*..80,
(.rticle 012 /ivil /ode)
I! TESTA"ENTAR# SUCCESSION
A! CONCE$T
%I&& ' an act whereby a person is
permitted, with the formalities
prescribed by law, to control to a certain
degree the disposition of his estate to
ta7e effect after his death (Art. 7A&)
NOTE: !hus, a document that does not
purport to dispose of one%s estate either
by the institution of heirs or designation
of devisees9legatees or, indirectly, by
effecting a disinheritance, is not to be
governed by the law on testamentary
succession but by some other applicable
laws.
Kinds o( %ills:
. ,otarial or ordinary
#. 2olographic
Characteristics o( a %ill:
. /,8$A!*1A$
#. .!18+!$> (*1.0,A$ A+! 3 !he
disposition of property is solely
dependent upon the testator.
NOTE: !he following acts 'A> ,0! be
left to the discretion of a third person:
(.rticle 0153 010 /ivil /ode)
duration or efficacy of the designation of
heirs, devisees or legatees"
determination of the portions which they
are to ta7e, when referred to by
name" and
determination of whether or not the
testamentary disposition is to be
operative.
NOTE: 2owever, the following acts 'A>
be entrusted to a third person: (.rticle
016 /ivil /ode)
a. distribution of specific property
or sums of money that he may leave
in general to specified classes or
causes" and
b. designation of the persons,
institutions or establishments to
which such property or sums are to
be given or applied.
&. 61** A,) 40$/,!A1> A+! 5 Any vice
affecting the testamentary freedom can
cause the disallowance of the will.
4. 601'A$ A,) .0$*', A+! 5 !he
formalities are essential for the validity
of the will.
B. A+! '01!8. +A/.A
C. A'@/$A!01> A,) 1*40+A@$*
)/18,? !2* !*.!A!01%. $86*!8'*
7. 8,)848)/A$ A+! 5 !wo or more persons
cannot ma7e a single 4oint will, either
for their reciprocal benefit or for
another person. 2owever, separate or
individually executed wills, although
containing reciprocal provisions (*utual
wills), are not prohibited, sub-ect to the
rule on disposicion captatoria.
A. )8.(0.8!80, 06 (10(*1!>
)! INTER$RETATION O* %I&&S (A1!..
7AA37D#)
!he testator%s intent (ani*us testandi),
as well as giving effect to such intent, is
primordial. 8t is sometimes said that the
supreme law in succession is the intent
of the testator. All rules of construction
are designed to ascertain and give effect
to that intention. 8t is only when the
intention of the testator is contrary to
law, morals, or public policy that it
cannot be given effect.
8n case of doubt, that interpretation by
which the disposition is to be operative
shall be preferred. !hat construction is
to be adopted which will sustain and
uphold the will in all its parts, if it can
be done consistently with the
established rules of law.
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
55
Kinds o( A+biguities: (Article 7AC)
. $A!*,! 01 8,!18,.8+ A'@8?/8!8*. 5
that which does not appear on the face
of the will and is discovered only by
extrinsic evidence.
#. (A!*,! 01 *E!18,.8+ A'@8?/8!8*. 5
that which appears on the face of the
will itself
NOTES:
!here is no distinction between
patent and latent ambiguities, in so
far as the admissibility of parol or
extrinsic evidence to aid
testamentary disposition is
concerned.
*xtrinsic evidence to explain
ambiguities in a will cannot include
oral declarations of the testator as
to his intention.
!he validity of a will as to its form
depends upon the observance of law
in force at the time it is made. (Art.
7DB).
8f a law different from the law in
force at the time of the execution of
the will goes into effect before or
after the death of the testator, such
a law shall not affect the validity of
the will, provided that such will was
duly executed 8n accordance with
the formalities prescribed by law in
force at the time it was made.
A*TER'AC,UIRE- $RO$ERT# .Art! /012
Gen! Rule: (roperty acquired during the
period between the execution of the will
and the death of the testator is ,0!
included among the property disposed
of.
Exce3tion: =hen a contrary intention
expressly appears in the will
NOTE: !his rule applies only to legacies
and devises and not to institution of
heirs.
C! TESTA"ENTAR# CA$ACIT#
4 refers to the ability as well as the
power to ma7e a will.
3 must be present at the time of the
execution of the will.
Re5uisites:
1. At least A years of age
2. 0f sound mind, i.e., the ability to
7now:
a. the nature of the estate to be
disposed of"
b. the proper o+4ects of his bounty"
and
c. the character of the
testa*entar) act.
NOTE: !he law presu*es that the
testator is of sound mind, /,$*..:
a. he, one month or less, before ma7ing
his will, was publicly 7nown to be
insane" or
b. was under guardianship at the time of
ma7ing his will. (orres and Lopez de
5ueno vs. Lopez 41 Phil 006)
8n both cases, the burden of proving
sanity is cast upon proponents of the
will.
Effect of Certain Infirmities:
. mere senility or infirmity of old age
does not necessarily imply that a
person lac7s testamentary capacity"
#. physical infirmity or disease is not
inconsistent with testamentary
capacity"
&. persons suffering from idiocy (those
congenitally deficient in intellect),
imbecility (those who are mentally
deficient as a result of disease), and
senile dementia (peculiar decay of
the mental faculties whereby the
person afflicted is reduced to second
childhood) do not possess the
necessary mental capacity to ma7e a
will"
4. an insane delusion which will render
one incapable of ma7ing a will may
be defined as a belief in things
which do not exist, and which no
rational mind would believe to exist"
B. if the insane delusion touches to
sub-ect matter of the will,
testamentary disposition is void.
C. a deaf3mute and blind person can
ma7e a will (i.e. Art. AF73AFA). A
blind man with a sound and disposing
mind can ma7e a holographic will.
CIVIL LAW COMMITTEE
R#odora
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Pur(anan)/TD+,
56
7. an intoxicated person or person
under the influence of drugs may
ma7e a will as there is no complete
loss of understanding.
!,ception: where the testator has
used intoxicating liquor or drugs
excessively to such an extent as to
impair his mind, so that at the time
the will is executed, he does not
7now the extent and value of his
property, or the names of persons
who are the natural ob-ects of his
bounty, the instrument thus
executed will be denied probate for
lac7 of testamentary capacity.
-! *OR"A&ITIES O* %I&&S
.E6TRINSIC 7A&I-IT#2
CO""ON *OR"A&ITIES
. *very will must be in writing" and
#. *xecuted in a language or dialect
7nown to the testator.
S$ECIA& *OR"A&ITIES
I! NOTARIAL OR ORDINARY WILL
a. ./@.+18(!80, 5 made at the end
thereof by the testator himself or by
the testatorGs name written by some
other person in his presence and by
his express direction"
&u+scription refers to the
*anual act of testator and also
of his instru*ental 7itnesses of
affi,ing their signature to the
instru*ent.
b. A!!*.!A!80, A,) ./@.+18(!80, 3
(evidenced +) an 8attestation
clause9) by & or more credible
witnesses in the presence of the
testator and of one another"
Attestation consists in the act of
witnesses of witnessing the
execution of the will in order to
see and ta7e note mentally that
such will has been executed in
accordance with requirements
prescribed by law.
ATTESTATION SU)SCRI$TION
. an act of the
senses
. an act of the
hand
#. mental act #. mechanical act
&. purpose is to
render available
proof during
probate of will
&. purpose is
identification
c. 'A1?8,A$ .8?,A!/1*. 5 affixed by
the testator or the person requested
by him to write his name and the
instrumental witnesses of the will on
each and every page thereof, except
the last, on the left margin"
Exce3tions to the rule that all o( the
3ages o( the 8ill shall ha9e to be
signed on the le(t +argin b the
testator and 8itnesses::
() in the last page, when the will
consists of two or more pages"
(#) when the will consists of only one
page"
(&) when the will consists of two
pages, the first of which contains all
the testamentary dispositions and is
signed at the bottom by the testator
and the witnesses and the second
contains only the attestation clause
duly signed at the bottom by the
witnesses.
!he inadvertent failure of one
witness to affix his signature to one
page of a testament, due to the
simultaneous lifting of two pages in
the course of signing, is not per se
sufficient to -ustify denial of probate
(#casiano vs. #casiano ## &/-. 466).
d. (A?* ,/'@*18,?. 5 =ritten
correlatively in letters placed on the
upper part of each page"
NOTE: !his is not necessary when all of
the dispositive parts of a will are written
on one sheet only.
e. A+H,0=$*)?'*,! 5 )one before a
notary public by the testator and the
instrumental witnesses.
NOTE: !he notary public before whom
the will was ac7nowledged cannot be
considered as the third instrumental
witness since he cannot ac7nowledge
before himself his having signed the will.
8f the third witness were the notary
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
57
public himself, he would have to avow,
assent, or admit his having signed the
will in front of himself. !o allow such
would have the effect of having only two
attesting witnesses to the will which
would be in contravention of Arts. AFB
and AFC. (/ruz vs. :illasor 54 &/-. 32)

"ANNER O* SIGNING:
!he use of any signature, mar7s or
design intended by the testator to
authenticate renders the will
sufficiently signed by the testator.
A signature by mar7 will be sufficient
even if at the time of placing it, the
testator 7new how to write and is
able to do so.
8t is sufficiently signed by writing his
initials, or his first name, or he may
use even an assumed name.
A complete signature is not essential
to the validity of a will, provided the
part of the name written was affixed
to the instrument with intent to
execute it as a will.

ATTESTATION C&AUSE
3 memorandum or record of facts
wherein the witnesses certify that the
will has been executed before them, and
that it has been executed in accordance
with the formalities prescribed by law.
Absence of this clause will render
the will a nullity.
8t must state the following ESSENTIAL
FACTS:
2. the number of pages used upon
which the will is written"
20=*4*1, even if number of pages is
omitted in the A+ @/! if there is an
ac7nowledgment clause which states the
number of pages or the will itself
mentioned such number of pages, it may
still be considered valid applying the
$iberal 8nterpretation of the law.
(a+uada vs. -osal)
6. the fact that the testator signed
the will and every page thereof,
or caused some other person to
write his name, under his
express direction, in the
presence of the instrumental
witnesses"
=hen the testator expressly caused
another to sign the former%s name,
this fact must be recited in the
attestation clause. 0therwise, the
will is fatally defective. ($arcia vs.
Lacuesta ;< Phil 41;)
3. that the witnesses witnessed and
signed the will and all the pages
thereof in the presence of the
testator and of one another.
TEST O* $RESENCE: ,ot whether
they actually saw each other sign,
but whether they might have seen
each other sign had they chosen to
do so considering their mental and
physical condition and position with
relation to each other at the
moment of inscription of each
signature. (=a+oneta vs. $ustilo)
8n the case of an ordinary or attested
will, its attestation clause need not
+e 7ritten in a language or dialect
>no7n to the testator since it does
not form part of the testamentary
disposition.
!he language used in the attestation
clause li7ewise need not even +e
>no7n to the attesting 7itnesses.
Art. AFB merely requires that, in
such a case, the attestation clause
shall be interpreted to said
witnesses. (/aneda vs. /. 666 &/-.
012)
E((ects o( de(ects or i+3er(ections in
the Attestation Clause:
8f the defect of the attestation
clause goes into the very essence of
the clause itself or consists in the
omission of one, some, or all of the
essential facts, and such omission
cannot be cured by an examination
of the will itself, the defect is
substantial in character, as a
consequence of which the will is
invalidated.
2owever, 8n the absence of bad
faith, forgery, fraud, or undue and
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
5
improper pressure and influence,
defects and imperfections in the
form of attestation or in the
language used therein shall not
render the will invalid if it is proved
that the will was in fact executed
and attested in substantial
compliance with Art. AFB (for*al
re?uire*ents). !his is 7nown as the
-OCTRINE O* &I)ERA&
INTER$RETATION (Art. AFD)
$ur3oses o( re5uiring 8itness to attest
and to subscribe to a 8ill:
. identification of the instrument
#. protection of the testator from fraud
and deception
&. the ascertainment of the
testamentary capacity of the
testator.
NOTE: Certain points to consider
(olentino)
. 'ere 7nowledge by testator that
another is signing, and acquiescing in
it, there being no express
direction, is ,0! sufficient.
#. ,ot required that the name of the
person who writes the testator%s
name should also appear on the will"
enough that testator%s name is
written.
&. 8f the required numbers of attesting
witness are competent, the fact that
an additional witness, who was
incompetent also attested to the
will, cannot impair the validity.
4. 8mmaterial in what order the acts
are performed provided the
signature or ac7nowledgment by the
testator and the attestation of the
witnesses be accomplished in one
occasion, and as part of one
transaction.
B. !he law refers to pae and not to
sheet or leaf or folio, so every page
used in the will should be signed on
the left margin.
C. An attestation clause need be signed
0,$> by the witnesses and not by
the testator as it is a declaration
made by the witnesses.
7. date of !ill:
a. ordinar) 7ill: not an essential
part"
b. holographic 7ill: an essential
part.
A. 6ailure or error to state the place of
exec"tion will not invalidate the
will.
D. .igning of a will by the testator and
witnesses and ac7nowledgment
before a notary public, need not be
a single act.
F. Testamentar# capacit# must also
exist at the time of
ac7nowledgment.
A--ITIONA& RE,UIRE"ENTS *OR
S$ECIA& CASES
$% Deaf or deaf&m"te testator:
a) personal reading of the will, if
able to do so" 01
b) if not possible, designation of #
persons to read the will and
communicate to him, in some
practicable manner, the contents
thereof. (Article AF7)
'% (lind testator:
)ouble3reading requirement:
a. first, by one of the subscribing
witnesses, A,)
+. second, by the notary public
before whom the will is
ac7nowledged. (.rticle 1<1)
Art. AFA applies not only to blind
testators but also to those who, for
one reason or another are incapable
of reading their wills (e.g. poor,
defective or blurred vision).
8n a case where the testator did not
read the final draft of the will, but
the lawyer who drafted the
document, read the same aloud in
the presence of the testator, &
witnesses, and notary public, the
+ourt held that the formal
imperfections should be brushed
aside when the spirit behind the law
was served though the letter was
not. (.lvarado vs. $aviola 666 &/-.
340)
%ITNESS TO NOTARIA& %I&&S
(A1!.. A#F I A#)
Re5uire+ents:
1. of sound mind"
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
5!
2. able to read and write"
3. not blind, deaf or dumb"
4. at least A years of age"
5. domiciled in the (hilippines"
6. has not been convicted of
falsification of a document, per-ury,
or false testimony
NOTE: A witness need not 7now the
contents of the will, and need not be
shown to have had a good standing in the
community where he lives. Also, the
ac7nowledging notary public cannot be
one of the & minimum numbers of
witnesses.
Interested 8itness
A witness to a will who is
incapacitated from succeeding from
the testator by reason of a
devise9legacy or other testamentary
disposition therein in his favor, or in
favor of his spouse, parent, or child.
'o7ever3 his co*petence as a
7itness su+sists.
:! )OLO*RA+)IC WILL .Article ;<=2
a. entirely 7ritten by the hand of
the testator"
b. entirely dated by the hand of
the testator" and
c. entirely signed by the hand of
the testator.
NOTE: !he law exacts literal
compliance with these requirements.
2*,+*, !2* )0+!18,* 06 $8@*1A$
8,!*1(1*!A!80, +A,,0! @* A(($8*).
,evertheless, the +ourt held in a
case that as a general rule, the
;date< in a holographic will should
include the day, month, and year of
its execution. 2owever, when there
is no appearance of fraud, bad faith,
undue influence and pressure and
the authenticity of the will is
established and the only issue is
whether or not the date ;6*@.9C<
appearing on the will is a valid
compliance with Art. AF, probate of
the holographic will should be
allowed under the principle of
substantial compliance. (#n the
*atter of #ntestate !state of .ndres
de =esus and 5i+iana -o,as de =esus3
234 &/-. 645)
Rule in case o( insertion, cancellation,
eras"re or alteration:
!estator must authenticate the same
by his @%LL &#$N.%-!. (.rticle 124)
NOTE: 8n the case of Aala7 vs. -elova
(234 &/-. 642)3 the holographic will in
dispute had only one substantial
provision, which was altered by
substituting the original heir with
another, but which alteration did not
carry the requisite of full authentication
by the full signature of the testator, the
effect must be that the entire will is
voided or revo7ed for the simple reason
that nothing remains in the will after
that which could remain valid.
E((ects o( 8ords 8ritten b another
and inserted in the 8ords 8ritten b
the testator:
a. 8f the insertion was made after the
e,ecution of the will, but 7ithout
the consent of the testator, such
insertion is considered as not
8ritten, because the validity of the
will cannot be defeated by the
malice or caprice of third person.
b. 8f the insertion after the e,ecution
of the will was 7ith the consent of
the testator, the 8ill re+ains 9alid
but the insertion is 9oid.
c. 8f the insertion after the e,ecution is
validated +) the testator +) his
signature thereon, then the insertion
becomes part of the will, and the
entire 8ill beco+es 9oid, because
of failure to comply with the
requirement that it must be wholly
written by the testator.
d. 8f the insertion made by a third
person is made conte*poraneous to
the e,ecution of the will, then the
8ill is 9oid because it is not written
entirely by the testator.
$robate o( Hologra3hic %ill
. 8f %N/ON!&!(3 requires that at
least witness who 7nows the
handwriting and signature of the
testator explicitly declare that the
will and signature are in the
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
6"
handwriting of the testator" if no
witness, expert testimony may be
resorted to.
#. 8f /ON!&!(3 requires at least & of
such credible witnesses, if none
expert witness.
NOTE: =here the testator himself
petitions for the probate of his
holographic will and no contest is file,
the fact that he affirms that the
holographic will and the signature are in
his own handwriting, shall be sufficient
evidence thereof. 8f the holographic will
is contested, the burden of disproving
the genuineness and due execution
thereof shall be on the contestant.
A photostatic or xerox copy of a lost
or destroyed holographic will may be
admitted because the authenticity of
the handwriting of the deceased can
be determined by the probate court,
as comparison can be made with the
standard writings of the testator.
(-odelas vs. .ranza3 22; &/-. 26)
GO7ERNING &A% ON *OR"A&ITIES
$% As to time:
!he validity of a will as to its for*
depends upon the observance of the
la8 in (orce at the ti+e it is +ade.
8ts intrinsic validit), however, is
-udged at the ti+e o( the
decedent>s death b the la8 o( his
nationalit.
:! As to place:
a. 6ilipino testator executing a will in
the (hilippines: (hilippine law
b. 6ilipino testator executing a will
outside of the (hilippines: either
) !he law of the country in which
it is executed" or
#) !he law of the (hilippines.
c. Alien testator executing a will in the
(hilippines: either
) !he law of the (hilippines" or
#) !he law of the country of which
he is a citiJen or sub-ect.
d. Alien testator executing a will
outside of the (hilippines: either
) !he law of the place where it is
executed" or
#) !he law of the place in which he
resides" or
&) !he law of his country" or
4) !he law of the (hilippines.
As3ects o( the 8ill go9erned b
National &a8 o( the -ecedent (Article
F&D and Article C +ivil +ode)
a. 0rder of succession
b. Amount of successional rights
c. 8ntrinsic validity
d. +apacity to succeed
Koint will 5 a single testamentary
instrument which contains the wills of
two or more persons, -ointly executed by
them, either for their reciprocal benefit
or for the benefit of a third person
33will of # or more persons is made in the
same instrument and is -ointly signed by
them
'utual wills 5 wills executed pursuant to
an agreement between two or more
persons to dispose of their property in a
particular manner, each in consideration
of the other
33separate wills of # persons, which are
reciprocal in their provisions.
1eciprocal wills3 wills in which the
testators name each other as
beneficiaries under similar testamentary
plans
NOTE: A will that is both -oint and
mutual is one executed -ointly by two or
more persons, the provisions of which
are reciprocal and which shows on its
face that the devises are made in
consideration of the other. .uch is
prohibited.
Reasons:
. will is purely personal and unilateral
act
#. contrary to the revocable character
of a will
&. may expose the testator to undue
influence, and may even induce one
of the testators to 7ill the other.
NOTE: Koint wills executed by 6ilipinos
in a foreign country shall not be valid in
the (hilippines, even though authoriJed
CIVIL LAW COMMITTEE
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by the foreign country in which they may
have been executed (.rticle 12; /ivil
/ode).
!his prohibition is applicable
only in -oint wills executed by @ilipinos
in a foreign country" it does ,0! A(($>
to -oint wills executed by aliens.
E! CO-ICI& AN- INCOR$ORATION )#
RE*ERENCE
CO-ICI&
A supplement or addition to a will,
made after the execution of a will
and annexed to be ta7en as a part
thereof, by which any disposition
made in the original will is
explained, added to, or altered.
(Article A#B)
NOTE: !o be effective, it must be
executed as in the case of a will. 8ts
execution has the effect of republishing
the will as modified.
INCOR$ORATION )# RE*ERENCE
(A1! A#7)
+ontemplates only lists of
properties, boo7s of accounts, and
inventories.
(rovisions which are in the nature of
testamentary dispositions must be
contained in the will itself.
Re5uisites (or a 9alid incor3oration b
re(erence: (A1! A#7)
<! !he document or paper referred to
in the will must be in existence at
the time of the execution of the
will"
:! !he will must clearly describe and
identify the same, stating among
other things the number of pages
thereof"
1! 8t must be identified by clear and
satisfactory proof as the document
or paper referred to therein"
?! 8t must be signed by the testator and
the witnesses on each and every
page, except in case of voluminous
boo7s of account or inventories.
*! RE7OCATION O* %I&&S AN-
TESTA"ENTAR# -IS$OSITIONS
RE7OCATION
An act of the mind, terminating the
potential capacity of the will to
operate at the death of the testator,
manifested by some outward or
visible act or sign, symbolic thereof.
.uch right to revo7e a will cannot be
waived or restricted.

&A%S %HICH GO7ERN RE7OCATION
(A1! A#D)
<! 8f the revocation ta7es place in the
(hilippines, whether the testator is
do*iciled in the Philippines or in
so*e other countr), it is valid when
it is in accordance with the la8s o(
the $hili33ines
:! 8f the revocation ta7es place outside
the (hilippines, by a testator 7ho is
do*iciled in the Philippines, it is
valid when it is in accordance with
the la8s o( the $hili33ines
&. 1evocation done outside the
(hilippines, by a testator 7ho does
not have his do*icile in this
countr), is valid when it is done
according to the:
a. la8s o( the 3lace 8here the
8ill 8as +ade, or
b. la8s o( the 3lace in 8hich the
testator had his do+icile at the
ti+e o( re9ocation"
"O-ES O* RE7OCATION (A1! A&F)
1. @y implication of law:
a. legal separation revo7es
testamentary provisions in favor
of the offending spouse"
b. preterition revo7es the
institution of heir"
c. -udicial action for recovery of
debt revo7es a legacy of
credit9remission of debt"
d. transformation, alienation, or
loss of bequeathed property
revo7es a legacy of such
property"
e. act of unworthiness by an heir,
devisee9legatee revo7es
testamentary provisions in his
favor"
f. if both spouses of the
subsequent marriage acted in
bad faith, said marriage shall be
CIVIL LAW COMMITTEE
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void ab initio and testamentary
dispositions made by one in
favor of the other are revo7ed
by operation of law (Art. 44,
6amily +ode)" and
g. void ab initio or annulled
marriages revo7e testamentary
dispositions made by one spouse
in favor of the other (Art. BF,
6amily +ode).
#. @y some will, codicil, or other
writing, executed as provided in
case of wills, which may either be:
a. *xpress 5 when there is a
revocatory clause expressly
revo7ing the previous will or a
part thereof
b. 8mplied 5 when the provisions
thereof are partially or entirely
inconsistent with those of the
previous will
NOTE: =hile express revocation may be
effected by a subsequent will, or a
codicil, or a nontestamentary writing
executed as provided in case of wills,
implied revocation may be effected only
by either a subsequent will, or a codicil.
&. @y burning, tearing, cancelling, or
obliterating the will.
Re5uisites:
a. testamentary capacity at the
time of performing the act of
destruction"
b. intent to revo7e (animus
revocandi)"
c. actual physical act of
destruction"
d. completion of the sub-ective
phase" and
e. performed by the testator
himself or by some other person
in his presence and express
direction
(!2* $8.! 8. *E+$/.84*.)
NOTE: !he act of revocation is a
personal act of the testator. 2e cannot
delegate to an agent the authority to do
the act for him. Another person,
however, may be selected by him as an
instrument and directed to do the
revocatory acts in his presence. A
destruction not accomplished in the
testator%s presence is an ineffective
revocation of the will.
-OCTRINE O* $RESU"E- RE7OCATION
=henever it is established that the
testator had in his possession or had
ready access to the will, but upon
his death it cannot be found or
located, the presumption arises that
it must have been revo7ed by him by
an overt act.
=here it is shown that the will was
in custody of the testator after its
execution, and subsequently, it was
found among the testator%s effects
after his death in such a state of
mutilation, cancellation or
obliteration as represents a
sufficient act of revocation, it will
be presumed in the absence of
evidence to the contrary, that such
act was performed by the testator
with the intention of revo7ing the
will.
-OCTRINE O* -E$EN-ENT RE&ATI7E
RE7OCATION (A1! A&#)
A revocation sub-ect to a condition
does not revo7e a will unless and
until the condition occurs. !hus,
where a testator ;revo7es< a will
with the proven intention that he
would execute another will, his
failure to validly ma7e a latter will
would permit the allowance of the
earlier will.
=here the act of destruction is
connected with the ma7ing of
another will so as fairly to raise the
inference that the testator meant
the revocation of the old to depend
upon the efficacy of the new
disposition intended to be
substituted, the revocation will be
conditional and dependent upon the
efficacy of the new disposition" and
if for any reason, the new will
intended to be made as a substitute
is inoperative, the revocation fails
and the original will remains in full
force (4da. )e 'olo vs. 'olo DF (hil
&7).
Re9ocation b +ista@e
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A revocation of a will based on a
false cause or an illegal cause is null
and void. !hus, where a testator by
a codicil or later will, expressly
grounding such revocation on the
assumption of fact which turns out
to be false, as where it is stated that
the legatees9devisees named therein
are dead, when in fact, they are
living, the revocation does not ta7e
effect.

G! RE$U)&ICATION AN- RE7I7A& O*
%I&&S
RE$U)&ICATION
!he act of the testator whereby he
reproduces in a su+se?uent 7ill
(express) the dispositions contained
in a previous will which is void as to
its form, or he executes a codicil
(constructive) to his will.
8ts purpose is to cure the will of its
formal defects.
NOTES:
!o republish a will void as to its
for*3 all the dispositions must be
reproduced or copied in the new or
subsequent will"
!o republish a will valid as to its
for* +ut alread) revo>ed the
execution of a codicil which ma7es
reference to the revo7ed will is
sufficient.
E((ects o( Re3ublication b 9irtue o( a
Codicil:
. +odicil revives the previous will
#. !he old will is republished as of the
date of the codicilL ma7es it spea7,
as it were, from the new and later
date.
&. A will republished by a codicil is
governed by a statute enacted to the
execution of the will, but which was
operative when the codicil was
executed.
RE$U)&ICATION RE7I7A&
. !a7es place by an
act of the testator
. !a7es place by
operation of law.
#. +orrects extrinsic
and intrinsic
defects.
#. 1estores a revo7ed
will
RE7I7A&
!he restoration to validity of a will
previously revo7ed by operation of
law (implied revocation).

$RINCI$&E O* INSTANTER
!he e,press revocation of the first
will renders it void because the
revocatory clause of the second will,
not being testamentary in character,
operates to revo7e the previous will
instantly upon the execution of the
will containing it.
NOTE: 8n i*plied revocation, the first
will is not instantly revo7ed by the
second will because the inconsistent
testamentary dispositions of the latter
do not ta7e effect immediately but only
after the death of the testator.
H! A&&O%ANCE AN- -ISA&&O%ANCE O*
%I&&S
$RO)ATE
A special proceeding mandatorily
required for the purpose of
establishing the validity of a will.
!he statute of limitations is not
applicable to probate of wills.
,uestions deter+inable b the 3robate
court: (8+*)
. identity of the will"
#. testamentary capacity of the
testator at the time of the execution
of the will" and
&. due execution of the will.
$!N!-.L -%L!: 8n probate
proceeding, the court%s area of inquiry is
limited to an examination of, and
resolution on the extrinsic validity if the
will, the due execution thereof, the
testatrix%s testamentary capacity and
the compliance with the requisites or
solemnities prescribed by law. !he
probate court cannot inquire into the
intrinsic validity of testamentary
provisions.
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!"/!P#ON: (ractical considerations,
e.g. when the will is intrinsically void on
its face.
8n Nuguid vs Nuguid (20 &/-. 44;)3
the .upreme +ourt held that, if the
case were to be remanded for
probate of the will, nothing will be
gained. 0n the contrary, this
litigation would be protracted. And
for aught that appears in the record,
in the event of probate or if the
court re-ects the will, probability
exists that the case will come up
once again before us on the same
issue of the intrinsic validity or
nullity of the will. 1*./$!: waste of
time, effort, expense, plus added
anxiety.
8n Nepo*uceno vs /. (23; &/-.
6<0)3 the +ourt ruled that ;the court
can inquire as to the intrinsic
validity of the will because there
was an express statement that the
beneficiary was a mistress.
NOTES:
+riminal action will not lie against
the forger of a will which had been
duly admitted to probate by a court
of competent -urisdiction. (Bercado
vs. &antos 66 Phil. 625)
!he fact that the will has been
allowed without opposition and the
order allowing the same has become
final and executory is not a bar to
the presentation of a codicil,
provided it complies with all the
formalities for executing a will. 8t is
not necessary that the will and
codicil be probated together as the
codicil may be concealed by an
interested party. !hey may be
probated one after the other.
(Baca* vs. $at*aitan 6< Phil 351)
=hen a will is declared void because
it has not been executed in
accordance with the formalities
required by law, but one of the
intestate heirs, after the settlement
of the debts of the deceased, pays a
legacy in compliance with a clause in
the defective will, the payment is
effective and irrevocable (.rticle
243<3 N//C Natural O+ligations).
Grounds (or -isallo8ance o( a %ill (A1!
A&D)
. 6ormalities required by law have not
been complied with"
#. !estator was insane, or otherwise
incapable of ma7ing a will, at the
time of its execution"
&. =ill was executed through force or
under duress, or the influence of
fear, or threats"
4. =ill was procured by undue and
improper pressure and influence, on
the part of the beneficiary or of
some other person"
B. .ignature of the testator was
procured by fraud"
C. !estator acted by mista7e or did not
intend that the instrument he signed
should be his will at the time of
affixing his signature thereto.
NOTE: ?10/,). A1* *E+$/.84*.
6air arguments, persuasion, appeal
to emotions, and entreaties which,
without fraud or deceit or actual
coercion, compulsion or restraint do
not constitute undue influence
sufficient to invalidate a will.
(5arreto vs. -e)es ;1 Phil ;;6)
@urden is on the person challenging
the will to show that such influence
was exerted at the time of its
execution.
!o ma7e a case of /,)/*
8,6$/*,+*, the free agency of the
testator must be shown to have been
destroyed" but to establish a ground
of contest based on 61A/), free
agency of the testator need not be
shown to have been destroyed.
Allegations of fraud and undue
influence are mutually repugnant
and exclude each other" their -oining
as grounds for opposing probate
shows absence of definite evidence
against the validity of the will
(#casiano vs. #casiano 22 &/-. 466)
RE7OCATION -ISA&&O%ANCE
CIVIL LAW COMMITTEE
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. voluntary act of
the testator.
. given by -udicial
decree.

#. with or without
cause.
#. must always be
for a legal cause.
&. may be partial or
total.
&. always total
e,cept: when the
ground of fraud or
influence for
example affects
only certain
portions of the
will.
I! INSTITUTION O* HEIRS
(A1!.. A4F3ABC)
INSTITUTION
An act by virtue of which a testator
designates in his will the person or
persons who are to succeed him in
his property and transmissible rights
and obligations. (Art A4F)
!he proper test in order to
determine the validity of an
institution of heir is the possibility of
finally ascertaining the identity of
the instituted heir by intrinsic or
extrinsic evidence.
$RESU"$TIONS
. $resu+3tion o( E5ualit 5 2eirs
instituted without designation of
shares shall inherit in equal parts.
!his is limited only to the case
where all of the heirs are of the
same class or -uridical condition, and
where there are compulsory heirs
among the heirs instituted, it should
be applied only to the disposable
free portion.
#. $resu+3tion o( Indi9idualit 5 =hen
the testator institutes some heirs
individually and others collectively,
those collectively designated shall
be considered as individually
instituted, unless it clearly appears
that the intention of the testator
was otherwise.
&. $resu+3tion o( Si+ultaneit 5 when
the testator calls to the succession a
person and his children, they are all
deemed to have been instituted
simultaneously and not successively.
INSTITUTION )ASE- ON A *A&SE CAUSE
.Article ;A=2
$!N!-.L -%L!: !he statement of a
false cause for the institution of an heir
shall be considered as not written.
Reason: ?enerosity of the testator is
the real cause of the testamentary
disposition.
!"/!P#ON: 8f it appears from the face
of the will that the testator would not
have made the institution had he 7nown
the falsity of the cause.
!,a*ple: =here the person
instituted is a total stranger to the
testator, it is obvious that the real
cause of the testamentary
disposition is not the generosity of
the testator but the fact itself which
turned out to be false.
RE,UISITES *OR THE ANNU&"ENT O*
INSTITUTION O* HEIRS:
. cause of institution of heirs must be
stated in will"
#. cause must be shown to be false"
&. it must appear from the face of the
will that the testator would not have
made the institution had he 7nown
the falsity of the cause.
=here the one3sentence will
institutes the petitioner as the sole,
universal heir and preterits the
parents of the testatrix, and it
contains no specific legacies or
bequests, such universal institution
of petitioner, by itself, is void.
8ntestate succession ensues.
(Nuguid vs. Nuguid3 et al. 20 &/-.
44;)
$RETERITION (A1!. AB4)
0mission in the testator%s will of
one, some, or all of the compulsory
heirs in the direct line, whether
living at the time of the execution of
the will or born after the death of
the testator.
Re5uisites:
. !he heir omitted must be a
compulsory heir in the direct line"
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#. !he omission must be complete and
total in character" and
&. !he compulsory heir omitted must
survive the testator.
There is no total o+ission
8hen:
a. A devise9legacy has been given
to the heir by the testator
b. A donation inter vivos has been
previously given to the heir by
the testator" or
c. Anything is left from the
inheritance which the heir may
get by way of intestacy.
NOTE: 8n the above cases, the
remedy of the heir is completion of
legitime under Art. DFC, in case the
value of the property received is less
than the value of the legitime.
E((ects o( $reterition:
. 8t annuls the institution of heir"
#. !he devises and legacies are valid
insofar as they are not inofficious"
and
&. 8f the omitted compulsory heir
should die before the testator, the
institution shall be effectual,
without pre-udice to the right of
representation.
NOTE: 8n case of o*ission 7ithout
preterition, the rule in Art. ABB should
be followed. !he suggested alternate
phrasing of )r. !olentino to the said
article is: 8he share of the co*pulsor)
heir o*itted in a 7ill *ust +e first
ta>en fro* the part of the estate not
disposed of +) the 7ill3 if an)C if that is
not sufficient3 so *uch as *a) +e
necessar) *ust +e ta>en proportionall)
fro* the shares of the heirs given to
the* +) 7ill.9
$RETERITION -ISINHERITANCE
. deprivation of a
compulsory heir of
his legitime is tacit
. deprivation of a
compulsory heir of
his legitime is
express.
#. may be voluntary
but the law
presumes that it is
involuntary
#. always
voluntary.
&. law presumes
that there has been
merely an oversight
or mista7e on the
part of the testator.
&. done with a
legal cause.
4. omitted heir gets
not only his legitime
but also his share in
the free portion not
disposed of by way
of legacies9 devises.
4. if disinheritance
is not lawful,
compulsory heir is
merely restored to
his legitime.
=here the deceased left no
descendants, legitimate or
illegitimate, but she left forced heirs
in the direct ascending lineLher
parents, and her holographic will
does not explicitly disinherit them
but simply omits them altogether,
the case is one of preterition of
parents, not a case of ineffective
disinheritance. (Nuguid vs. Nuguid
20 &/-. 44;)
NOTE: (reterition of the surviving
spouse (..) does not entirely annul the
institution of the heir since .. is not a
compulsory heir in the direct line.
2owever, since Article A4# protects the
legitime of the .., the institution is
partially annulled by reducing the rights
of the instituted heir to the extent
necessary to cover the legitime of ...
(olentino)
E**ECT O* $RE-ECEASE
33an heir who dies before the testator
shall transmit no right to his own heirs
(rule is absolute with respect to a
voluntary heir)
33what is transmitted to the
representatives of compulsory heir is his
right to the legitime and not to the free
portion
E**ECT O* INCA$ACIT#
33A voluntary heir who is incapacitated
to succeed from testator shall transmit
no right to his own heirs.
33compulsory heir may be represented,
but only with respect to his legitime
E**ECT O* RE$U-IATION
33whether voluntary or compulsory, the
heir who repudiates his inheritance
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cannot transmit any right to his own
heirs.
B! SU)STITUTION O* HEIRS
(A1!. AB73A7F)
SU)STITUTION
!he act by which the testator
designates the person or persons to
ta7e the place of the heir or heirs
first instituted (!olentino). 8t may be
considered as a subsidiary and
conditional institution.
Kinds:
. Si+3le or Co++on (that which
ta7es place when the testator
designates one or more persons to
substitute the heirs9s instituted in
case such heir9s should die before
him, or should not wish, or should be
incapacitated to accept the
inheritance)
#. )rie( or Co+3endious: +rief (there
are two or more persons designated
by the testator to substitute for only
one heir), co*pendious (one heir is
designated to ta7e the place of two
or more heirs)
Instances 8hen substitution
ta@es 3lace:
a. instituted heir predeceases the
testator"
b. incapacit) of the instituted heir
to succeed from the testator"
and
c. repudiation of the inheritance.
E((ect o( substitution:
*eneral r"le: once the substitution
has ta7en place, the substitute shall
not only ta7e over the share that
would have passed to the instituted
heir, but he shall be sub-ect to the
same charges and conditions
imposed upon such instituted heir.
Exceptions:
() =hen the testator has expressly
to the contrary"
(#) =hen the charges or conditions
are personally applicable only to the
heir instituted.
1! *ideico++issar
Re5uisites:
a. 6irst heir (fid"ciar#) called to the
succession.
b. An obligation clearly imposed upon
such first heir to preserve the
property and to transmit it to the
second heir.
c. .econd heir (fideicommissar#) to
whom the property is transmitted by
the first heir.
=ithout the obligation clearly
imposing upon the first heir the
preservation of the property and its
transmission to the second heir,
there is no fideicommissary
substitution (-a+adilla vs. /. 334
&/-. 566)
NOTE: (ending transmission of property,
the fiduciary is entitled to all the rights
of a usufructuary, although the
fideicommissary is entitled to all the
rights of a na7ed owner.
&i+itations:
a. .ubstitution must not go beyond one
degree from the heir originally
instituted.
b. 8(egree9 means degree of
relationship.
c. 6iduciary and fideicommissary must
be living at the time of the death of
the testator.
d. .ubstitution must not burden the
legitime of compulsory heirs.
e. .ubstitution must be made expressly.
A fideicommissary substitution is
void if the first heir is not related in
the
st
degree to the second heir
(-a*irez vs. :da. (e -a*irez 222
&/-. 0<4)
K! CON-ITIONA&C "O-A&
TESTA"ENTAR# -IS$OSITIONSC AN-
TESTA"ENTAR# -IS$OSITIONS %ITH A
TER" (A1! A73AAB)
$!N!-.L -%L!: !he institution of an
heir may be made ) conditionally, #) for
a term, or &) for a certain purpose or
cause (modal). +onditions, terms, and
modes however, are not presumed" they
must be clearly expressed in the will.
!he condition must fairly appear from
CIVIL LAW COMMITTEE
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the language of the will. 0therwise, it is
not binding.
L#B#.#ON&:
. !he testator cannot impose any
charge, burden, encumbrance,
condition, or substitution
whatsoever upon the legiti*e of
co*pulsor) heirs.
#. #*possi+le conditions and those
contrar) to la7 or good custo*s are
presumed to have been imposed
erroneously or through oversight,
thus, are considered as not imposed.
&. An a+solute condition not to
contract a first marriage is always
void and will be considered as not
written.
4. An a+solute condition not to
contract a su+se?uent marriage is
generally void, unless imposed upon
a widow or widower by the deceased
spouse or by the latter%s ascendants
or descendants. *ven so, however,
the legiti*e of the surviving spouse
cannot +e i*paired.
An absolute condition not to
contract marriage when validly
imposed is resolutory in character.
+onsequently, if the testator
institutes his wife as heir sub-ect to
the condition that she will never
marry again, she immediately
acquires a right to the inheritance
upon the death of testator, but if she
violates the condition by contracting
a #
nd
marriage, she loses her right to
said inheritance.
NOTE: 2owever, the following relative
conditions regarding marriage have been
considered as -alid and .indin:
a. generic condition to contract
marriage"
b. specific condition to contract
marriage with a determinate
person" and
c. specific condition not to
contract marriage with a
determinate person.
B. Any disposition made upon the
condition that the heir shall ma7e
some provisions in his will in favor of
the testator or of any other person
shall be void (disposicion
captatoria).
C. +onditions imposed by the testator
upon the heirs shall be governed by
the rules established for conditional
obligations in all matters not
provided for by the law on
succession.
Kinds o( Conditions
. Potestative /ondition 5 depends
exclusively upon the will of the heir,
devisee, or legatee, and must be
performed by him personally.
#. /ausal /ondition 5depends upon the
will of the heir, devisee, or legatee,
but upon the will of a third person.
&. Bi,ed 5 depends -ointly upon the will
of the heir, devisee, or legatee and
upon chance and9or will of a third
person.
*ul(ill+ent o( Conditions:
. Potestative /onditions must be
fulfilled after the death of the
testator (except when it has already
been fulfilled and is of such nature
that it cannot be repeated)"
#. /ausal or *i,ed conditions may be
fulfilled either .efore or after such
death3 unless the testator has
provided otherwise.
"O-A& INSTITUTION .INSTITUCION SU)
"O-O2
Attachment by the testator to an
institution of heir, or to a devise or
legacy, of a statement of the:
a. o+4ect of the institution"
b. application of the property left
by testator" or
c. charge imposed by him.
NOTES:
=hen in doubt as to whether there is
a condition or merely a *ode3
consider the same as *ode.
=hen in doubt as to whether there is
a *ode or merely a suggestion3
consider same only as a suggestion.
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!he Mcondition% suspends but does
not obligate" the Mmode% o+ligates
but does not suspend (for he who
inherits with a mode is already an
heir" one who inherits conditionally
is not yet an heir)
-OCTRINE o( CONSTRUCTI7E
*U&*I&&"ENT: =hen without the fault
of the fault of the heir, an institucion
sub modo cannot ta7e effect in the
exact manner stated by the testator, it
shall be complied with in a manner most
analogous to and in conformity with his
wishes.
NOTE:
8f the condition is casual, the
doctrine is not applicable since the
fulfillment of the event which
constitutes the condition is
independent of the will of the heir,
devisee9legatee. 8f the condition is
potestative or mixed, the doctrine is
applicable.
&! &EGITI"ES (A1!. AAC 5 D4)
&EGITI"E
!hat part of the testator%s property
which he cannot dispose of because
the law has reserved it for certain
heirs who are, therefore, called
compulsory heirs.
!he course of action to enforce a
legitime accrues upon the death of
the donor3decedent since it is only
then that the net estate may be
ascertained and on which basis, the
legitime may be determined.
(#*perial vs. /. 326 &/-. 323)
NOTE: 0ne half of the estate is always
reserved for the primary or secondary
compulsory heirs. !he other half is what
is termed under the ,++ as the ;free
portion< from which the legitime of the
concurring compulsory heirs are ta7en.
!his ;free portion< is different from the
;disposable free portion< over which the
testator has testamentary control. !he
;disposable free portion< is that which
remains after the legitime has been
covered.
CO"$U&SOR# HEIRS .CH2
!hose for whom the legitime is
reserved by law, and who succeed
whether the testator li7es it or not.
!hey cannot be deprived by the
testator of their legitime e,cept by
disinheritance properly effected.
Kinds o( Co+3ulsor Heirs:
. $ri+ar 5 those who have
precedence over and e,clude other
+2. *.g. $+).
#. Secondar 5 those who succeed only
in the a+sence of the pri*ar) +2.
*.g. $(A or 8(.
&. Concurring 5 those who succeed
together with the primary or
secondary +2. *.g. 8+) and ...
I( the testator is
a &EGITI"ATE
3erson
I( the testator is
an I&&EGITI"ATE
3erson
. $egitimate
children and
descendants
($+))
. $egitimate
children and
descendants
($+))
#. 8n default of
the foregoing,
legitimate
parents and
ascendants
($(A)
#. 8llegitimate
children and
descendants
(8+))
&. .urviving
spouse (..)
&. 8n default of
the foregoing,
illegitimate
parents onl)
(8()
4. 8llegitimate
children and
descendants
(8+))
4. .urviving
spouse (..)
NOTES:
.ee .ections 7 I A of 1.A. ABB#.
@y force of the 6amily +ode,
adopted children are deemed
legitimate children of the adopters.
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@y force of the 6amily +ode, 8+
without distinction and so long as
their filiation is duly established or
proved in accordance with law, are
each entitled to 9# of the legitime
of a $+, thus abrogating the B:4 ratio
between ;natural< and ;non3
natural< 8+.
RU&ES:
. )irect descending line
a. 1ule of preference between lines
b. 1ule of proximity
c. 1ight of representation ad
infinitu* in case of predecease,
incapacity, or disinheritance ($+:
$) only" 8+: both $) and 8))
d. 8f all the $+ repudiate their
legitime, the next generation of
$) succeed in their own right
#. )irect ascending line
a. 1ule of division by lines
b. 1ule of equal division
&. ,on3impairment of legitime
TA)&E O* &EGITI"ES
./148401 $*?8!8'* ,0!*.
$+ N )ivide by the
O of $+,
whether they
survive alone
or with
concurring
+2.
$+
..
N
P
# or more
$+
..
N
equal to
$+
$+
8+
N
N of $+
$+
..
8+
N
P
N of $+
All the
concurring +2
get from the
half free
portion, the
share of the
.. having
preference
over that of
the 8+, whose
share may
suffer
reduction pro
rata because
there is no
preference
among
themselves.
$(A N =hether they
survive alone
or with
concurring
+2.
$(A
8+
N
P
8+ succeed in
the P in
equal shares.
$(A
..
N
P
$(A
..
8+
N
9A
P
8+ N )ivide equally
among the 8+.
..
8+
9&
9&
.. N 9& if
marriage is in
articulo
mortis and
deceased
spouse dies
within & mos.
after the
marriage.
8( N
8(
Any child
3excluded3
8t depends
+hildren
inherit in the
amounts
established in
the foregoing
rules.
8(
..
P
P
0nly the
parents are of
8+ are
included.
?randparents
and other
ascendants
are excluded.
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STE$S IN -ETER"INING THE &EGITI"E
O* CO"$U&SOR# HEIRS:
. )etermination of the ross -al"e of
the estate at the time of the death
of the testator"
#. )etermination of all de.ts and
c/ares which are chargeable
against the estate"
&. )etermination of the net value of
the estate by deducting all the debts
and charges from the gross value of
the estate"
4. Collation or addition of the value of
all donations inter vivos to the net
value of the estate"
B. )etermination of the amount of the
leitime from the total thus found"
C. Imp"tation of the value of all
donations inter vivos made to
compulsory heirs against their
legitime and of the value of all
donations inter vivos made to
strangers against the disposable free
portion and restoration to the
hereditary estate if the donation is
inofficious" and
7. Distri."tion of the residue of the
estate in accordance with the will of
the testator
CO&&ATION
. 6ictitious mathematical process of
adding the value of the thing
donated to the net value of the
hereditary estate (Art. DFA and Arts.
FC3F77).
#. Act of charging or imputing such
value against the legitime of the
compulsory heir to whom the thing
was donated (Arts. FC3F77).
&. Actual act of restoring to the
hereditary estate that part of the
donation which is inofficious in order
not to impair the legitime of
compulsory heirs.
RESER7A TRONCA& (A1! AD)
!he reservation by virtue of which
an ascendant who inherits from his
descendant any property which the
latter may have acquired by
gratuitous title from another
ascendant or a brother or sister, is
obliged to reserve such property for
the benefit of relatives who are
within the &
rd
degree and who belong
to the line from which such property
came.
8t constitutes as an e,ception to
both the system of legitime and the
order of intestate succession.
$ur3oses:
. !o reserve certain property in favor
of certain persons"
#. !o prevent persons outside a family
from acquiring, by some chance or
accident, property which otherwise
would have remained with the said
family"
&. !o maintain a separation between
paternal and maternal lines.
NOTE: +onsidering the rationale for
reserva troncal which is to ultimately
revert ownership of property that
originally belongs to a line of relatives
but which by force of law passes to a
different line, the reserva would have no
reason to arise where the ascendants
who acquire the property themselves
belong to the line of relatives from
which the property was, in turn,
acquired by the descendant.
Re5uisites:
. !he property should have been
acquired by operation of law by an
ascendant (reser-ista) from his
descendant (proposit"s) upon the
death of the latter.
#. !he property should have been
previously acquired by gratuitous
title by the descendant (proposit"s)
from another ascendant or from a
brother or sister (oriinator).
&. !he descendant (proposit"s) should
have died without any legitimate
issue in the direct descending line
who could inherit from him.
$ersonal ele+ents:
. Oriinator 5 the ascendant, or
brother or sister from whom the
propositus had acquired the property
by gratuitous title (e.g. donation,
remission, testate or intestate
succession)"
#. +roposit"s 5 the descendant who died
and from whose death the reservista
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in turn had acquired the property by
operation of law (e.g. by way of
legitime or intestate succession). !he
so3called ;arbiter of the fate of the
reserva troncal.<
&. Reser-ista 5 the ascendant, not
belonging to the line from which the
property came (Kustice 4itug) that is
the only compulsory heir and is
obliged to reserve the property.
NOTE: )r. !olentino is of the view that
even if the reservista and the originator
belong to the sa*e line, there is still an
obligation to reserve.
4. Reser-atarios 5 the relatives of the
propositus within the &
rd
degree and
who belong to the line from which
the property came and for whose
benefit the reservation is
constituted. !hey must be related by
blood not only to the propositus but
also to the originator.
NOTE: .ll personal ele*ents *ust +e
4oined +) +onds of legiti*ate
relationship.
NOTE: 8n determining the right of the
reservatarios over the reservable
property, there are 6 events to consider:
2. Deat/ of proposit"s: all qualified
reservatarios acquire an inchoate
right. -eservista o7ns the propert)
su+4ect to a resolutor) condition.
6. Deat/ of reser-ista: surviving
reservatarios acquire a perfect right.
NOTE: !he ,++ did not provide for the
rules on how the reservatarios would
succeed to the reservista. 2owever, the
following rules on intestacy have been
consistently applied:
a. 1ule of preference between lines
b. 1ule of proximity
c. 1ight of representation
(provided that the
representative is a relative of
the descendant3 propositus
within &
rd
degree, and that he
belongs to the line from which
the reservable property came)
d. ;6ull blood9double share< rule
in Art. FFC
(roperty sub-ect to reservation:
must be the same property which
the reservista had acquired by
operation of law from propositus
upon the death of the latter and
which the latter, in turn had
acquired by gratuitous title during
his lifetime from another ascendant,
brother9sister.
Obligations o( Reser9ista:
() !o ma7e an inventory of all
reservable property"
(#) !o appraise value of all
reservable movable property"
(&) !o annotate in 1egistry of
property the reservable
character of all reservable
immovable property"
(4) !o secure by mortgage (a)
restitution of movables not
alienated, (b) payment of
damages caused by his fault or
negligence, (c) return of price
received for movables alienated
and (d) payment of value of
immovable alienated.
A reservatorio may dispose of his
e,pentanc) to the reservable
property during pendency of the
reserve in its uncertain and
conditional form. 8f he dies before
the reservista, he has not
transmitted anything, but if he
survives such reservista, the
transmission shall become effective.
. 7ill *a) prevent the constitution
of a reserva. 8n case of testate
succession, only the legitime passes
by operation of law. !he propositus
may, +) 7ill, opt to give the legitime
of his ascendant without giving to
the latter properties he had acquired
by gratuitous title from another
ascendant, or brother or sister. #n
such case3 a reserva troncal is
avoided.
2owever, if the ascendant was
not disentitled in the will to receive such
properties, the reser-a minima rule
(proportional reserva) should be
followed. !he rule holds that all
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property passing to the reservista must
be considered as passing partly by
operation of law and partly by will of the
propositus. !hus, one half of the
properties acquired by gratuitous title
should be reservable, and the other half
should be free.
Causes (or Extinguish+ent o( Reser9a
Troncal:
1. )eath of reservatarios"
2. )eath of all relatives of propositus
within the &
rd
degree who belong to
the line from which the property
came"
3. $oss of the reservable property for
causes not due to the fault or
negligence of the reservista.
4. =aiver or renunciation by the
reservatarios"
5. (rescription of the right of the
reservatarios, when the reservista
holds the property adversely against
them in the concept of an absolute
owner"
6. 1egistration by the reservista of the
property as free property under the
$and 1egistration Act
"! -ISINHERITANCE (A1! DB 5 D#&)
A testamentary disposition by which
a person is deprived of, or excluded
from, the inheritance to which he
has a right.
A disinheritance properly effected
totally excludes the disinherited heir
from the inheritance. !he
disinherited heir is deprived not only
of the legiti*e but also of such part
of the free portion that would have
passed to him by a previous will
(which is revo7ed, as inconsistent
with, the subsequent disinheritance)
or by intestate succession.
Re5uisites:
. *ffected only through a valid will"
#. 6or a cause expressly stated by law"
&. +ause must be stated in the will
itself"
4. +ause must be certain and true"
B. /nconditional"
C. !otal" and
7. !he heir disinherited must be
designated in such a manner that
there can be no doubt as to his
identity.
E((ects o( -isinheritance:
1. )eprivation of the compulsory heir
who is disinherited of any
participation in the inheritance
including the legitime.
2. !he children9descendants of the
person disinherited shall ta7e his or
her place and shall preserve the
rights of compulsory heirs with
respect to the legitime.
3. !he disinherited parent shall not
have the usufruct or administration
of the property which constitutes
the legitime.
I"$ER*ECT -ISINHERITANCE
A disinheritance which does not have
one or more of the essential
requisites for its validity.
E((ects:
. 8f testator had made disposition of
the entire estate: annulment of the
testamentary dispositions only in so
far as they pre-udice the legitime of
the person disinherited" does not
affect the dispositions of the
testator with respect to the free
portion.
#. 8f testator did not dispose of the free
portion: compulsory heir is given all
that he is entitled to receive as if
the disinheritance has not been
made, without pre-udice to lawful
dispositions made by the testator in
favor of others.
&. )evises, legacies and other
testamentary dispositions shall be
valid to such extent as will not
impair the legitime.
I"$ER*ECT
-ISINHERITANCE
$RETERITION
. !he person
disinherited may be
any compulsory heir
. !he person
omitted must be a
compulsory heir in
the direct line
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#. Always express #. Always implied
&.Always intentional &. 'ay be
intentional or
unintentional
4. *ffect: (artial
annulment of
institution of heirs
4. *ffect: !otal
annulment of
institution of heirs
Co++on Causes (or -isinheritance o(
children or descendantsC 3arents or
ascendantsC and s3ouse:
. =hen the heir has been found guilty
of an attempt against the life of the
testator, his9her descendants or
ascendants, and spouse in case of
children and parents"
#. =hen the heir has accused the
testator of a crime for which the law
prescribes imprisonment for C years
or more, if the accusation has been
found groundless"
&. =hen the heir by fraud, violence,
intimidation, or undue influence
causes the testator to ma7e a will or
to change one already made"
4. 1efusal without -ustifiable cause to
support the testator who disinherits
such heir.
$eculiar Causes (or -isinheritance
1. ChildrenD-escendants:
a. =hen the child9descendant has
been convicted of adultery or
concubinage with the spouse of
the testator"
b. 'altreatment of the testator by
word or deed by the
child9descendant"
c. =hen the child9descendant leads
a dishonorable or disgraceful
life" +onviction of a crime which
carries with it a penalty of civil
interdiction.
2. $arentsDAscendants:
a. =hen the parents have
abandoned their children or
induced their daughters to live a
corrupt or immoral life, or
attempted against their virtue"
b. =hen the parent9ascendant has
been convicted of adultery or
concubinage with the spouse of
the testator"
c. $oss of parental authority for
causes specified in the +ode" and
d. Attempt by one of the parents
against the life of the other,
unless there has been
reconciliation between them.
3. S3ouse:
a. =hen the spouse has given
cause for legal separation" =hen
the spouse has given grounds for
the loss of parental authority.
Re9ocation o( -isinheritance:
. 1econciliation"
#. .ubsequent institution of the
disinherited heir" and
&. ,ullity of the will which contains the
disinheritance.
NOTE: 0nce disinheritance has been
revo7ed or rendered ineffectual, it
cannot be renewed except for causes
su+se?uent to the revocation or based
on ne7 grounds.
RECONCI&IATION
8t is the resumption of genuine
cordial relationship between the
testator and the disinherited heir,
approximating that which prevailed
before the testator learned of the
cause for disinheritance, reciprocally
manifested by their actions
subsequent to the act of
disinheritance.
A subsequent reconciliation between
the offender and the offended
person deprives the latter of the
right to disinherit, and renders
ineffectual any disinheritance that
may have been made. (Art. D##)
NOTES:
'ere civilit) which may characteriJe
their relationship, a conduct that is
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naturally expected of every decent
person, is not enough.
8n order to be effective, the testator
must pardon the disinherited heir.
.uch pardon must specifically refer
to the heir and to the acts causing
the disinheritance. he heir *ust
accept the pardon.
,o particular form is required. 8t
may be made expressly or tacitly.
NOTE: =here the cause for
disinheritance is li7ewise a ground for
un7orthiness to succeed, what is the
effect of a subsequent reconciliation
upon the heir%s capacity to succeedQ
. #f disinheritance has +een *ade:
1ule on reconciliation applies. !he
disinheritance becomes ineffective.
#. #f disinheritance has not +een *ade:
1ule on reconciliation does not
apply. !he heir continues to be
incapacitated to succeed unless
pardoned by the testator under Art.
F&&. !he law effects the
disinheritance.
N! &EGACIES AN- -E7ISES (A1!.. D#4 5
DBD)
$ersons charged 8ith legacies and
de9ises:
() compulsory heir"
(#) voluntary heir"
(&) legatee or devisee"
(4) estate
NOTES:
8f the will is silent with regard to the
person who shall pay or deliver the
legacy9devise, there is a
presumption that such legacy or
devise constitutes a charge against
the decedent%s estate.
.ince legacies and devises are to be
ta7en from the disposable free
portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.

STATUS O*
$RO$ERT# GI7EN )#
E**ECT ON THE
&EGAC#D-E7ISE
&EGAC#D-E7ISE
. @elonging to the
testator at the time of
the execution of the
will until his death
*ffective
#. @elonging to the
will but alienated in
favor of a &
rd
person
1evo7ed
&. @elonging to the
favor of the
legatee9devisee
gratuitousl)
,o revocation.
!here is a clear
intention to
comply with
legacy or devise.
4. @elonging to the
favor of the legatee or
devisee onerousl)
$egatee9devisee
can demand
reimbursement
from the heir or
estate
B. ,ot belonging to the
testator at the time
the will is executed but
he has ordered that the
thing be acquired in
order that it be given
to the legatee9devisee
*ffective
C. ,ot belonging to the
the will is executed
and the testator
erroneously believed
that the thing
pertained to him
4oid
7. ,ot belonging to the
the will is executed but
afterwards becomes his
by whatever title
*ffective
A. Already belonged to
the legatee9devisee at
the time of the
execution of the will
even though another
person may have
interest therein
8neffective
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D. Already belonged to
the legatee or devisee
at the time of the
even though it may
have been
subsequently alienated
by him
8neffective
F.!estator had
7nowledge that the
thing bequeathed
belonged to a third
person and the
legatee9devisee
acquired the property
gratuitousl) after the
$egatee9devisee
can claim nothing
by virtue of the
legacy9devise
.!estator had
7nowledge that the
thing bequeathed
belonged to a third
person and the
legatee9devisee
acquired the property
by onerous title
$egatee9devisee
can demand
reimbursement
from the heir or
estate
ART! 0<< ART! 0A=
Order o(
3re(erence:
($8(0)
Order o( 3re(erence:
(1(.*.0)
2. &egitime of
compulsory
heirs
6. )onations inter
vivos
3. $referential
legacies or
devices
4. All other
legacies or
devices pro
rata
. Remuneratory $9)
#.$referential $9)
&.$ for support
4.$ for education
B.$9) of a specific,
determinate thing
which forms a part
of the estate
All others pro rata
A33lication: A33lication:
() =hen the
reduction is
necessary to
preserve the
legitime of
compulsory heirs
from impairment
() =hen there are no
compulsory heirs and
the entire estate is
distributed by the
testator as legacies
or devises" or
whether there are
donations inter
vivos or not" or
(#) =hen,
although, the
legitime has been
preserved by the
testator himself
there are
donations inter
vivos.
(#) =hen there are
compulsory heirs but
their legitime has
already been
provided for by the
testator and there
are no donations
inter vivos.
NOTES:
8n case of reduction in the above
cases, the inverse order of payment
should be followed.
=hen the question of reduction is
exclusively among legatees and
devisees themselves, .rticle ;5<
governs" but when there is a conflict
between compulsory heirs and
devisees and legatees, .rticle ;22
applies.
GROUN-S *OR RE7OCATION O*
&EGACIES AN- -E7ISES (A1! DB7)
. !estator transfor*s the thing
bequeathed in such a manner that it
does not retain either the form or
the denomination it had.
#. !estator by any title or for any cause
alienates the thing bequeathed, or
any part thereof, it being understood
that in the latter case the legacy or
devise shall be without effect only
with respect to the part alienated.
!,cept: when the thing should again
belong to the testator after
alienation.
&. !hing bequeathed is totall) lost
during the lifetime of the testator,
or after his death without the heirs
fault
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4. 0ther causes: nullity of the will"
noncompliance with suspensive
conditions affecting the bequests"
sale of the thing to pay the debts of
the deceased during the settlement
of his estate.
NOTE: $8.! 8. ,0! *E+$/.84*
II! &EGA& OR INTESTATE
SUCCESSION
!hat which is effected by operation
of law in the absence or default of a
will.
CAUSES O* INTESTAC#
1. 8f a person dies without a will, or
with a void will, or one which has
subsequently lost its validity"
2. Absence of an institution of heir"
3. (artial institution of heir. 8n such
case, intestacy ta7es place as to the
undisposed portion (mixed
succession)"
4. ,on3fulfillment of suspensive
condition attached to the institution
of heir"
5. (redecease of the instituted heir"
6. 1epudiation by the instituted heir"
7. 8ncapacity of instituted heir"
8. (reterition. 8ntestacy may be total
or partial depending on whether or
not there are legacies9devises"
9. 6ulfillment of resolutory condition"
10. *xpiration of term or period of
institution"
11. ,on3compliance or impossibility of
compliance with the will.
NOTE: 8n all cases where there has been
an institution of heir, follo7 the
#.&.-...#. order of Kustice (aras. 8f the
Institution fails, Substitution occurs. 8f
there is no substitute, the right of
Representation applies in the direct
descending line to the legitime if the
vacancy is caused by predecease,
incapacity, or disinheritance. !he right
of Accretion applies to the free portion
when the requisites in Art. FC are
present. 8f there is no substitute, and
the right of 1epresentation or Accretion
does not apply, the rules on Intestate
succession shall ta7e over.
A! RU&ES
1. Rule o( $re(erence bet8een lines
!hose in the direct descending
line shall exclude those in the
direct ascending and collateral
lines, and those in the direct
ascending line shall, in turn,
exclude those in the collateral
line.
2. Rule o( $roxi+it
!he relative nearest in degree
excludes the more distant ones,
saving the right of
representation when it properly
ta7es place.
!his rule is sub-ect to the rule of
preference between lines.
3. Rule o( E5ual -i9ision
1elatives in the sa*e degree
shall inherit in equal shares.
!"/!P#ON&:
a) )ivision in the ascending line
(between paternal and maternal
grandparents)"
b) )ivision among brothers and
sisters, some of whom are of the
full and others of half blood" and
c) )ivision 8n cases where the right
of representation ta7es place.
NOTE: !his rule is sub-ect to the
rule of preference between lines.
4. Rule o( )arrier bet8een the
legiti+ate (a+il and the
illegiti+ate (a+il
!he illegitimate family cannot
inherit +) intestate succession
from the legitimate family and
vice3versa.
5. Rule o( -ouble Share (or (ull blood
collaterals
=hen full and half3blood
brothers or sisters, nephews or
nieces, survive, the full blood
shall ta7e a portion in the
inheritance double that of the
half3blood.
NOTE: 8n case of a disposition made in
general terms under Article DBD, only the
1ule of (roximity applies.
CIVIL LAW COMMITTEE
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7
)! RE&ATIONSHI$ (A1!.. DC& 5 DCD)
. ,umber of generations determines
proximity.
#. *ach generation forms a degree.
&. A series of degrees forms a line.
4. A line may be direct or collateral. A
direct line is that constituted by the
series of degrees among ascendants
and descendants (ascending and
descending).
B. A collateral line is that constituted
by the series of degrees among
persons who are not ascendants or
descendants, but who come from a
common ancestor.
C. 6ull blood: same father and mother"
half blood: only one of either parent
is the same.
7. 8n adoption, the legal filiation is
personal and exists only between the
adopter and the adopted. !he
adopted is deemed a legitimate child
of the adopter (A(), but still remains
as an intestate heir of his natural
parents and other blood relatives.
C! RIGHT O* RE$RESENTATION .RR2
(A1!.. D7F 5 D77)
A right created by fiction of law, by
virtue of which the representative is
raised to the place and degree of the
person represented, and acquires
the rights which the latter would
have if he were living or if he could
have inherited. !he representative
is called to the succession by the law
not by the person represented. 2e
succeeds the one whom the person
represented would have succeeded.
NOTES:
8n the direct line, representation
ta7es place ad infinitu* in the
direct descending line, never in the
ascending.
8n the collateral line, representation
ta7es place only in favor of the
children of brothers or sisters
(nephews and nieces), whether of
the full or half3blood, and only if
they concur with at least uncle or
aunt.
<! Testa+entar Succession
a) =hen a compulsory heir in the
direct descending line had
predeceased the testator and
was survived by his children or
descendants.
b) =hen a compulsory heir in the
direct descending line is
excluded from the inheritance
due to incapacit) or
un7orthiness and he has
children or descendants.
c) =hen a compulsory heir in the
direct descending line is
disinherited and he has children
or descendants" representation
covers only the legitime.
d) A legatee9devisee who died after
the death of the testator may be
represented by his heirs.
:! Intestate Succession
a) =hen a legal heir in the direct
descending line had predeceased
the decedent and was survived
by his children or descendants.
b) =hen a legal heir in the direct
descending line is excluded from
the inheritance due to
incapacit) or un7orthiness and
he has children or descendants.
c) =hen brothers or sisters had
predeceased the decedent and
they had children or
descendants.
d) =hen illegiti*ate children
represent their illegitimate
parents who already died in the
estate of their grandparents.
e) =hen nephe7s and nieces inherit
together with their uncles and
aunts in representation of their
deceased parents who are the
brothers or sisters of said uncles
and aunts.
-! INTESTATE OR &EGA& HEIRS
!hose who are called by law to the
succession either in the absence of a
will or of qualified heirs, and who
are deemed called based on the
presumed will of the decedent.
REGU&AR OR-ER O* SUCCESSION
.-ecedent is a legiti+ate 3erson2:
CIVIL LAW COMMITTEE
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7!
. $egitimate children or descendants
($+))
#. $egitimate parents or ascendants
($(A)
&. 8llegitimate children or descendants
(8+))
4. .urviving spouse (..)
B. @rothers and sisters, nephews and
nieces (@.9,,)
C. 0ther collateral relatives within the
B
th
degree (+B)
7. .tate
IRREGU&AR OR-ER O* SUCCESSION
.-ecedent is an illegiti+ate 3erson2:
. $egitimate children or descendants
($+))
#. 8llegitimate children or descendants
(8+))
&. 8llegitimate parents (8()
4. .urviving spouse (..)
B. @rothers and sisters, nephews and
nieces (@.9,,)
C. .tate
OR-ER O* CONCURRENCE
. $+), 8+), and ..
#. $(A, 8+), and ..
&. 8+) and ..
4. .. and 8(
B. @.9,, and ..
C. +B (alone)
7. .tate (alone)
TA)&E O* INTESTATE SHARES
./148401 8,!*.!A!* .2A1*
Any class
alone
*ntire estate
$+
..
9#
9#
((iongson vs. /inco3 04
&/-. 221)
# or more $+
..
+onsider .. as $+,
then divide estate by
total number.
$(A
..
9#
9#
$(A
..
8+
9#
94
94
8(
..
9#
9#
(he la7 is silent. .ppl)
concurrence theor).)
..
@.9,,
9#
9#
$+
..
8+
6irst, satisfy legitimes.
*state would be
insufficient. 1eduction
must be made according
to the rules on
legitimes. !he legitimes
of $+) and .. shall
always be first satisfied
in preference to the 8+).
# or more $+
..
8+
6irst, satisfy legitimes.
!here would be an
excess in the estate.
)istribute such excess in
the proportion :#:#, in
accordance with the
concurrence theor).
OR-ER O* CONCURRENCE IN THE CASE
O* A-O$TE- CHI&-
SUR7I7ORS SHARE
. $(A98(
A(
N
N
#. $(A98(
A(
..

N
N
&. $(A
A(
8+)

N
N
4. $(A
A(
..
8+)
9&
9&
9&
CAR-INA& $RINCI$&ES O* INTESTATE
SUCCESSION .Bustice $aras2
. *ven if there is an order of intestate
succession, the +ompulsory 2eirs
.CH) are never excluded. !he +ivil
+ode follows the concurrence theory,
not the exclusion theory.
#. 1ight of 1epresentation .RR) in the
collateral line occurs only in
intestate succession, never in
testamentary succession because a
voluntary heir cannot be represented
(collateral relatives are not +2).
CIVIL LAW COMMITTEE
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"
&. !he intestate shares are either equal
to or greater than the legitime.
4. $!N!-.L -%L!: ?randchildren
always inherit by 11, provided
representation is proper.
!"/!P#ON: =henever all the
children repudiate, the
grandchildren inherit in their own
right because 11 would not be
proper.
B. ,ephews and nieces inherit either by
11 or in their 0wn 1ight (OR).
a. 11: when they concur with aunts
and uncles (provided that 11 is
proper)
b. 01: when they do not concur
with aunts and uncles.
C. 8+) of legiti*ates cannot represent
because of the barrier, but both the
8+) and $+) of illegiti*ates can.
7. !here can be reserva troncal in
intestate succession.
A. A renouncer can represent, but
cannot be represented.
D. A person who cannot represent a
near relative cannot also represent a
relative farther in degree.
III! "I6E- SUCCESSION OR
$ARTIA& INTESTAC#
.uccession that is effected partly by
will and partly by operation of law.
RU&ES:
<! !he law of legitimes must be brought
into operation in partial intestacy,
because the testamentary
dispositions can affect only the
disposable free portion but never the
legitimes.
:! 8f among the concurring intestate
heirs there are compulsory heirs,
whose legal or intestate portions
exceed their respective legitimes,
then the amount of the
testamentary disposition must be
deducted from the disposable free
portion, to be borne by all the
intestate heirs in the proportions
that they are entitled to receive
from such disposable free portion as
intestate heirs.
1! 8f the intestate share of a
compulsory heir is equal to his
legitime, then the amount of the
testamentary disposition must be
deducted only from the intestate
shares of the others, in the
proportions stated above.
?! 8f the testamentary dispositions
consume the entire disposable free
portion, then the intestate heirs who
are compulsory heirs will get only
their legitime, and those who are
not compulsory heirs will get
nothing.
I7! $RO7ISIONS CO""ON TO
TESTA"ENTAR# AN- INTESTATE
SUCCESSIONS
A! RIGHT O* ACCRETION .A2
(A1!. FB 5 F#&)
A right by virtue of which, when two
or more persons are called to the
same inheritance, devise or legacy,
the part assigned to one who
renounce or cannot receive his
share, or who died before testator, is
added or incorporated to that of his
co3heirs, co3devisees, or co3
legatees.
A right based on the presumed will
of the deceased that he prefers to
give certain properties to certain
individuals, rather than to his legal
heirs.
Re5uisites:
<! # or more persons must have been
called to the same inheritance,
legacy or devise, or to the same
portion thereof, pro indiviso" and
:! there must be a vacancy in the
inheritance, legacy or devise
(caused b 3redeceaseC inca3acitC
re3udiationC non(ul(ill+ent o(
sus3ensi9e condition or 9oid or
ine((ecti9e testa+entar
dis3ositions!2
CIVIL LAW COMMITTEE
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#
E**ECTS o( $RE-ECEASEC INCA$ACIT#C
-ISINHERITANCEC or RE$U-IATION in
both TESTA"ENTAR# and INTESTATE
SUCCESSION
CAUSE O*
7ACANC#
TESTA"ENTAR#
SUCCESSION
INTESTATE
SUCCES'
SION
.IS2
&egiti+e *ree
$ortion
$redecease . 11
#. 8.
. A
#. 8.
. 11
#. 8.
Inca3acit 11
#. 8.
A
8.
. 11
#. 8.
-isinheri'
tance
. 11
#. 8.
R R
Re3udia'
tion
8. A A
Su++ar:
.A2 In
testa+entar succession:
() $egitime:
(a) 8n case of predecease of an
heir, there is
representation if there are
children or descendants" if
none, the others inherit in
their own right.
(b) 8n case of incapacity,
results are the same as in
predecease.
(c) 8n case of disinheritance,
results are the same as in
predecease.
(d) 8n case of repudiation by an
heir, the others inherit in
their own right.
(#) )isposable free portion:
Accretion ta7es place when
requisites are present" but if
such requisites are not present,
the others inherit in their own
right.
.)2 In intestate succession:
() 8n case of predecease, there is
representation if there are children
or descendants" if none, the others
inherit in their own right.
(#) 8n case of incapacity, results are the
same as in predecease.
(&) 8n case of repudiation, there is
always accretion.
)! CA$ACIT# TO SUCCEE- )# %I&& OR
)# INTESTAC# (A1!.. F#4 5 F4F)
Re5uisites:
1. !he heir, legatee9devisee must be
living or in existence at the moment
the succession opens" and
2. 2e must not be incapacitated or
disqualified by law to succeed.
THE *O&&O%ING ARE INCA$A)&E O*
SUCCEE-ING:
A! )ased on Undue In(luence or
Interest: ((8?1A()
1. $riest who heard the confession of
the testator during his last illness, or
the minister of the gospel who
extended spiritual aid to him during
the same period"
2. Individuals, associations and
corporations not permitted by law to
inherit"
3. Guardian with respect to
testamentary dispositions given by a
ward in his favor before the final
accounts of the guardianship have
been approved, even if the testator
should die after the approval
thereof" nevertheless, any provision
made by the ward in favor of the
guardian when the latter is his
ascendant, descendant, brother,
sister, or spouse, shall be valid"
4. Relatives of such priest or minister
of the gospel within the 4
th
degree,
the church, order, chapter,
community, organiJation or
institution to which such priest or
minister may belong"
5. Attesting witness to the execution of
a will, the spouse, parents or
children, or any one claiming under
such witness, spouse, parents or
children" and
6. $hysician, surgeon, nurse, health
officer or druggist who too7 care of
the testator during his last illness.
)! )ased on "oralit or $ublic $olic
(A1! 7&D)
. !hose made in favor of a person with
whom the testator was guilty of
adultery or concubinage at the time
of the ma7ing of the will.
#. !hose made in consideration of a
crime of which both the testator and
the beneficiary have been found
guilty.
CIVIL LAW COMMITTEE
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$
&. !hose made in favor of a public
officer or his spouse, descendants and
ascendants, by reason of his public
office
C! )ased on Acts o( Un8orthiness
(A
4
6
&
()
1. (arents who have abandoned their
children or induced their daughters
to lead a corrupt or immoral life, or
attempted against their virtue"
2. Any person who has been convicted
of an attempt against the life of the
testator, his9her spouse,
descendants or ascendants"
3. Any person who has accused the
testator of a crime for which the law
prescribes imprisonment for C years
or more, if the accusation has been
found groundless"
4. Any person convicted of adultery or
concubinage with the spouse of the
testator"
5. Any heir of full age who, having
7nowledge of the violent death of
the testator, should (ail to report it
to an officer of the law within a
month, unless the authorities have
already ta7en action" this prohibition
shall not apply to cases wherein,
according to law, there is no
obligation to ma7e an accusation"
6. Any person who by (raud, violence,
intimidation, or undue influence
should cause the testator to ma7e a
will or to change one already made"
7. Any person who (alsifies or forges a
supposed will of the decedent" and
8. Any person who by the same means
3revents another from ma7ing a will,
or from revo7ing one already made,
or who supplants, conceals, or alters
the latterGs will.
NOTE: !he moment the testator uses
one of the acts of unworthiness as a
cause for disinheritance, he thereby
submits it to the rules on disinheritance.
!hus, reconciliation renders the
disinheritance ineffective.
$AR-ON O* ACTS O* UN%ORTHINESS
E6$RESS I"$&IE-
. made by the
execution of a
. effected when
testator ma7es a
document or any
writing in which the
decedent condones
the cause of
incapacity
will instituting the
unworthy heir with
7nowledge of the
cause of incapacity
#. cannot be
revo7ed
#. revo7ed when
the testator
revo7es the will or
the institution
C! ACCE$TANCE AN- RE$U-IATION O*
INHERITANCE (A1!.. F4 5 FB7)
Characteristics: (481)
. 7oluntary and free
#. Irrevocable, except if there is
vitiation of consent or an un7nown
will appears
&. Retroactive
Re5uisites:
. certainty of the death of the
decedent
#. certainty of the right to the
inheritance
Acceptance vs. 1epudiation:
() Acceptan
ce involves the confirmation of
transmission of successional rights,
while repudiation renders such
transmission ineffective.
(#) 1epudiat
ion is equivalent to an act of
disposition and alienation.
(&) !he
publicity required for repudiation is
necessary for the protection of other
heirs and also of creditors.
*or+ o( Acce3tance
. *xpress Acceptance 5 one made in a
public or private document.
#. !acit Acceptance 5 one resulting from
acts by which the intention to
accept is necessarily implied or
which one would have no right to do
except in the capacity of an heir
Tacit acce3tance is pres"med (ro+
certain acts o( the heir as:
. =hen heir sells, donates, or assigns
his right.
#. =hen heir renounces it for the
benefit of one or more heirs.
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3
&. =hen renunciation is in favor of all
heirs indiscriminately for
consideration
4. 0ther acts of tacit acceptance
a. heir demands partition of the
inheritance
b. heir alienates some ob-ects of
the inheritance
c. /nder Art FB7, failure to signify
acceptance or repudiation within
&F days after an order of
distribution by the probate
court.
1*(/)8A!80, must be made in a
pu+lic instru*ent (ac7nowledged
before a notary public) or authentic
docu*ent (equivalent of an
indubitable writing or a writing
whose authenticity is admitted or
proved) or by petition presented to
the court having -urisdiction over the
testamentary or intestate
proceeding.
Reason (or (or+alit: $aw considers
that the act of repudiation is more
solemn than the act of acceptance
and that repudiation produces a
more violent and disturbing
consequences.
Heir in t8o ca3acities: An heir who
is such by will and by law, and he
repudiates the inheritance as a
testamentary heir, will be considered
to have repudiated the inheritance
as a legal heir. @ut when an heir
repudiates as a legal heir, he may
later on accept as a testamentary
heir.
-! CO&&ATION (A1!.. FC3F77)
*very compulsory heir, who succeeds
with other compulsory heirs must
bring into the mass of the estate any
property or right which he may
received from the decedent, during
the lifetime of the latter, by way of
donation, or any other gratuitous
title, in order that it may be
computed in the determination of
the legitime of each heir, and in the
account of partition. (Art. FC)
An act of returning or restoring to
the common mass of the estate,
either actually or fictitiously, any
property which a person may have
received from the decedent during
the latter%s lifetime, but which is
understood for legal purposes as an
advance from inheritance.
O$ERATIONS RE&ATE- TO CO&&ATION
. +ollation 5 adding to the mass of the
hereditary estate the value of the
donation or gratuitous disposition
#. 8mputing or +harging 5 crediting the
donation as an advance on the
legitime (if the donee is a
compulsory heir) or on the free
portion (if the donee is a stranger)
&. 1eduction 5 determining to what
extent the donation will remain and
to what extent it is excessive or
inofficious.
4. 1estitution 5 return or payment of
the excess to the mass of hereditary
estate.
$ersons obliged to collate
. $!N!-.L -%L!: compulsory heirs
!"/!P#ON&:
a. =hen the testator should have
so expressly provided" and
b. =hen the compulsory heir should
have repudiated his inheritance
#. ?randchildren who survive with their
uncles, aunts, or
st
cousins, and
inherit by right of representation.
NOTE: ?randchildren may inherit from
grandparent in their own right (i.e. heirs
next in degree) and not by right of
representation if their parent repudiates
the inheritance of the grandparent, as
no living person can be represented
except in cases of disinheritance and
incapacity. #n such case grandchildren
are not o+liged to +ring to collation
7hat their parent has received
gratuitousl) fro* their grandparent)
%hat to collate:
CIVIL LAW COMMITTEE
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4
. Any property or right received by
gratuitous title during the testator%s
lifetime
#. All that they may have received from
the decedent during his lifetime
&. All that their parents would have
brought to collation if alive
$ro3erties not subEect to collation .:
nd
conce3t2:
1. Absolutely no collation (all
concepts):
a. *xpenses for support, education
(ele*entar) and secondar)
onl)), medical attendance, even
in extraordinary illness,
apprenticeship, ordinary
equipment, or customary gifts
(Art. FC7).
2. ?enerally not imputable to legiti*e:
a. *xpenses incurred by parents in
giving their children
professional, vocational or other
career unless the parents so
provide, or unless they impair
the legitime.
b. =edding gifts by parents and
ascendants consisting of
-ewelry, clothing, and outfit
except when they exceed 9F
of the sum disposable by will.
E! $ARTITION AN- -ISTRI)UTION O*
ESTATE (A1!.. F7A 5 FB)
8t is the separation, division and
assignment of a thing held in
common among those to whom it
may belong. 8t includes every act
which is intended to put an end to
indivision among co3heirs, and
legatees or devisees, although it
should purport to be a sale,
exchange, compromise, or any other
transaction. 8t is not sub-ect to any
form.
%ho +a effect 3artition:
. decedent himself during his lifetime
by an act inter vivos or by will"
#. heirs themselves"
&. competent court"
4. &
rd
person designated by the
decedent.
%ho can demand 3artition:
. compulsory heir"
#. voluntary heir"
&. legatee or devisee"
4. any person who has acquired interest
in the estate.
%hen 3artition cannot be de+anded:
((A(/)
. when expressly 3rohibited by the
testator himself for a period not
exceeding #F years"
#. when the co3heirs agreed that the
estate shall not be divided for a
period not exceeding F years,
renewable for another F years"
&. when 3rohibited by law"
4. when to partition the estate would
render it unserviceable for the use
for which it is intended.
$rohibition to $artition
2. !he prohibition to partition for a
period not e,ceeding #F years can be
imposed on the legitime.
6. 8f the prohibition to partition is for
more than #F years, the e,cess is
void.
3. *ven if a prohibition is imposed, the
heirs by mutual agreement can still
ma7e the partition.
$ARTITION INTER 7I7OS (A1! FAF)
8t is one that merely allocates
specific items or pieces of property
on the basis of the pro3indiviso
shares fixed by law or given under
the will to heirs or successors.
NOTE: (artition is not itself a mode of
acquiring ownership, nor a title
therefore. !his partition, being
predicated on succession, necessitates
relationship to the decedent (in case of
intestacy) or a will duly probated (in
case of testacy). A partition inter vivos
made in favor of intestate heirs could be
operative. )ispositions, however, to non3
intestate heirs may suffer an
impediment unless based on a valid will,
except perhaps when such dispositions
are intended to ta7e effect during the
life of the testator and the formalities of
donations are properly complied with.
CIVIL LAW COMMITTEE
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5
E**ECTS O* INC&USION O* INTRU-ER
IN $ARTITION:
. 5et7een a true heir and several
*ista>en heirs 5 partition is 408).
#. 5et7een several true heirs and a
*ista>en heir 5 transmission to
mista7en heir is 408).
&. hrough error or *ista>e3 share of
true heir is allotted to *ista>en
heir 5 partition shall not be
rescinded unless there is bad faith or
fraud on the part of the other
persons interested, but the latter
shall be proportionately obliged to
pay the true heir of his share
NOTE: partition with respect to the
mista7en heir is 408).
A 7OI- %I&& "A# )E A 7A&I-
$ARTITION:
. 8f the will was in fact a partition"
and
#. 8f the beneficiaries in the void will
were legal heirs.
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,

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