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SMILE NOTES |1

SUBSECTION 7. Republication and Revival of Wills SECTION 4


Conditional Testamentary Dispositions and Testamentary Dispositions With a Term
Summary Summary
Article 835 and 836 Article 837 Condition Term
Republication Revival refers to a future and uncertain event Refers to a future and certain event
Re-execute Reference If the second will implicitly revoked the upon the happening of which the upon which the demandability of a
If the prior will is If the prior will is prior will, and the second will is acquisition of rights or the testamentary disposition is made to
void. valid but revoked. revoked. extinguishment or loss of those which depend.
have been acquire is made to depend.
Article 854. The preterition or omission of one, some, or all of the compulsory heirs in Suspensive Resolutory Suspensive Resolutory
the direct line, whether living at the time of the execution of the will or born after the efficacy is Efficacy is Future and certain Future and certain
death of the testator, shall annul the institution of heir; but the devises and legacies dependent on the terminated upon event which event the
shall be valid insofar as they are not inofficious. happening of a the happening of a defers the happening of
future and future and demandability of which terminates
uncertain event. uncertain even. the testamentary the efficacy of the
If the omitted compulsory heirs should die before the testator, the institution shall be
Prior to the Upon the opening disposition until testamentary
effectual, without prejudice to the right of representation. happening of the of succession, the the term arrives. disposition.
event, the efficacy instituted heir
Article 854 Article 906 Article 1061 of the same is held enters into the
Heir is given less than Testator donated in his in abeyance. inheritance.
Heir is denied legitime
legitime lifetime Impossible
Annul institution of heirs Demand completion Demand Collation Those contrary to law or good customs
and shall be considered as not imposed.
Distinction between Preterition and Ineffective Disinheritance Positive, Potestative and Suspensive
Potestative: fulfillment of the condition
Preterition (Article 854) Ineffective Disinheritance (Article 918) is purely dependent on the will of the
Preterition is presumed to be heir, legatee, or devisee.
Disinheritance is always for a reason.
unintentional. Positive: the condition requires the heir,
Annuls the institution of heirs in its Annuls the institution of heirs only legatee, or devisee to give or to do
totality. insofar as it prejudices the legitime. something.
May be invoked only by compulsory Suspensive: until the fulfillment of the
Applies to a surviving spouse. condition, the heir, legatee, or devisee
heirs in the direct line.
Ineffectively disinherited heir receives cannot enter into the inheritance.
Preterited heir inherits by intestacy. Casual Mixed
only his/her legitime.
depends upon Partly dependent
chance, luck, on the will of the
and/or upon the heir, legatee, or
will of a third devisee and partly
person. upon chance, luck,
or upon the will of
a third person.
SMILE NOTES |2

Suspensive Condition Suspensive Term Classification of Heirs


Before the fulfillment of the condition, Before the arrival of the term, the
the property is placed under intestate heirs are called to the Testamentary Heirs Intestate Heirs
administration. succession. Inherit by virtue of a duly probated Inherit from a decedent who died without
Resolutory Term will. a valid and operative will.
The legal or intestate heirs of the testator are called to the succession upon the Voluntary Compulsory
expiration of the period. Primary Secondary Concurring
Negative Potestative Condition Legitimate Parents
If the heir, legatee, or devisee is unable to post a security, the property shall be and other legitimate
placed under administration. ascendants in default Surviving Spouse
Modal Institution Inherit solely by Legitimate of legitimate
If the heir, legatee, or devisee is unable to post a security, the property shall be express will of the Children and descendants
placed under administration. testator Adopted Illegitimate parents
Children only in default of
Illegitimate
Modal Institution Compared with Conditional Institution legitimate and
Children
illegitimate
Modal Institution Conditional Institution descendants
Effect of Breach
Both results in the forfeiture of the gift including its fruits and interests.
Posting of Security
Suspensive Resolutory
Require the posting of a security
No security Security
Demandability
Suspensive Resolutory
Not demandable
Demandable at once Immediately
until condition is
demandable
fulfilled
Imposition of an Obligation
Suspensive Resolutory
Obligation to comply with the mode
No obligation Depends
SMILE NOTES |3

Testate Succession Inestate Succession


Legitimate Surviving Illegitimate Legitimate Illegitimate Legitimate Surviving Illegitimate Legitimate Illegitimate
Survivors Survivors
Child Spouse Child Parent Parent Child Spouse Child Parent Parent

Legitimate
no. of Legitimate
Legitimate - - - - Entire Estate - - - -
Child Child
Children
1 Legitimate 1 Legitimate
Child and - - - Child and - - -
Spouse Spouse
2 or more 2 or more
Legitimate
no. of Share of one
of the Legitimate
no. of Share of one
of the
Children, share of one Children, share of one
Legitimate Legitimate - - Legitimate Legitimate - -
Illegitimate Legitimate Illegitimate Legitimate
Children Child Children Child
Child and Child Child and Child
Spouse Spouse
Spouse and Spouse and
Illegitimate - - - Illegitimate - - -
Children Children
Legitimate Legitimate
Parent and Parent and
Illegitimate
- - -
Illegitimate
- - -
Child Child
Legitimate Legitimate
Parent, Parent,
Spouse, and - - Spouse, and - -
Illegitimate Illegitimate
Child Child

Legitimate The estate is divided equally among them.


Legitimate
Parent
- - - - Parent/ Ascendants in the nearest degree shall inherit in default of the parents, equally
Ascendant between the paternal and maternal lines, each line divided per capita.

Illegitimate Illegitimate
Children
- - - -
Children
- - Entire Estate - -

General Rule:
Exception: when solemnized in articulo mortis and the decedent dies within 3 Entire Estate.
Spouse months. Spouse The spouse excludes the collateral relatives of the decedent other than brothers,
Exception to the Exception: if prior to the marriage in articulo mortis, they have been sisters, nephews, and nieces.
cohabiting as husband and wife for more than 5 years.
Legitimate Legitimate
Parent and - - - Parent and - - -
Spouse Spouse
Illegitimate Illegitimate
- - - - - - - - Entire Estate
Parent Parent
Illegitimate Illegitimate
Parent and - - - Parent and - - -
Spouse Spouse
Brothers, Sisters, Nephews and
Other Collateral Relatives State
Neices
Entire Estate, subject to the rule
Entire Estate Entire Estate
of proximity.
SMILE NOTES |4

Order to Acquire Legacies of Credit Legacies of Remission


The testator gives to a legatee a claim or The testator condones a receivable he
Art. 929 Art. 930 Art. 931 receivable against a third party debtor. has against the legatee who is the
Testator gives a thing in Testator did not know debtor.
Testator knew that the General Rule: pertain only to credit
its entirety but a part is that the property was
property was not his. existing at the time of the death of the
owned by a third party. not his.
testator. Pertain only to debt existing at the time
Must have acquired the Must make an explicit Exception: may include future of the execution of the will.
Tacit order to acquire the
property by the time order to acquire the receivables if such intention is apparent
property.
succession opens. property. on the face of the will (Art. 937).
Generic Specific Generic Specific
Acquisition of Beneficiary Subsequent to Execution of Will Comprises all Includes only Comprises all Includes only
receivables owed those receivables debts owed to the those debts
If at the time of the execution of the will the thing to the testator. specified in the testator at the specified in the
belonged to a third person and the testator: will. time of the will.
Situtation Effect execution of the
The legacy or devise is void. will.
Erroneously believed he owned the The subsequent acquisition by the Cannot comprise
thing legatee or devisee will not validate the future debts
disposition. because there is
entitle the legatee or devisee to no debt to
Expressly ordered its acquisition, the condone.
reimbursement of the acquisition price
subsequent acquisition of the thing by How Effected How Effected
either from the estate burdened or the
the legatee or devisee by onerous title The credit shall be delivered by way of a The remission is embodied in the will.
heir, legatee, or devisee burdened with
would deed of assignment. It does not need However, the law entitles the legatee to
the sub-legacy or sub-devise.
the legacy or devise is deemed satisfied the conformity of the relevant obligor. a written deed of condonation should
However, if the same is acquired by The legatee shall have the right to he so demand.
without entitling the legatee or devisee
gratuitous title personally collect the credit.
to any reimbursement.
How Extinguished How Extinguished
If at the time of the execution of the will the thing belonged to the testator: If the credit is paid by the debtor during The legacy is extinguished if the testator
Situation Effect the lifetime of the testator, the legacy is should bring an action against the
revoked or reduced with respect to the legatee for the payment of the debt,
The legacy or devisee is considered
Sold the same to the legacy or devisee credit thus paid. even if the payment was not obtained.
revoked.
The legacy is extinguished if the testator
The legacy or devise shall be deemed
Conveyed the same gratuitously should bring an action against the
satisfied.
debtor for the payment of the debt,
Sold the same to a third person The legacy or devise is revoked.
even if the payment was not obtained,
except if the same was brought to toll
the prescriptive period.
SMILE NOTES |5

Article 954 Article 955 Substitution


Involves only one legacy or devise Involves two or more legacies or Incapacity
devises Repudiation
Choices Choices Causes Predecease
If a part is onerous and the other If one is onerous and the other Non-fulfillment of Suspensive Condition
gratuitous, he cannot renounce one and gratuitous, he cannot renounce one and Nullity of Testamentary Disposition
accept the other. accept the other. Applicability Only to the Disposable Free Portion
If both are onerous or gratuitous, he can Who May Exercise Substitute chosen by the testator
accept one and reject the other except Representation
when both are inseperable. Testacy Intestacy
Right of Heirs Right of Compulsory Heir Disinheritance
The acceptance or the rejection of the The compulsory heir may accept both Incapacity
Incapacity
legacy or devise is exercisable by the legitime and bequest. Causes
Predecease Predecease
heirs subject to the limit of their Non-fulfillment of Suspensive Condition
respective rights thereto as heirs of the Nullity of Testamentary Disposition
legatee or devisee. Applicability Legitime Full Intestate Share
When the heirs of the legatee or devisee The compulsory heir may repudiate Direct Descending Line
individually exercise the right to accept both legitime and bequest. Who May Exercise Direct Descending Line Collateral Line but only
or reject the legacy or devise, none of to Nieces and Nephews
them may accept the gratuitous part
Accretion
and repudiate the onerous part.
Incapacity
The portion that would have otherwise The compulsory heir may accept the
Repudiation
pertained to the repudiating heirs shall legitime and repudiate the bequest.
Causes Predecease
generally pertain to those who accepted
Non-fulfillment of Suspensive Condition
it by right of accretion.
Nullity of Testamentary Disposition
If accretion is not available, the same The compulsory heir may repudiate the
shall revert to the estate of the testator. legitime and accept the bequest. Applicability Only to the Disposable Free Portion
Testacy Intestacy
Co-heirs, in proportion
Disinheritance Incapacity Repudiate Predecease
Who May Exercise Co-heir, co-devisee, co- to their respective
Substitution
legatee entitlements to the
Testate
Representation disposable free portion
Intestate
Accretion
Summary
Testacy Intestacy
Substitution
Representation
Representation
Accretion Accretion
SMILE NOTES |6

Order of Intestate Succession to a Legitimate Decedent Reconciliation Condonation


First Legitimate children and their legitimate descendants. Primary Testator chose not to disinherit the heir
Second Legitimate parents and other legitimate ascendants. Secondary Testator chooses to disinherit the heir. but the same is nonetheless unworthy
Third Illegitimate children and their descendants. under Art. 1032.
Concurring
Fourth Surviving spouse.
Fifth Legitimate brothers, sisters, nephews and nieces. Capacity to Inherit
Sixth Other legitimate collateral relatives up to the 5th degree. Legal Attempt on the life of the testator, his
Final judgment of conviction
Seventh State. souse, descendants and ascendants
Falsely accusing the testator of a crime
Order of Intestate Succession to an Illegitimate Decedent punishable by imprisonment of 6 years Final judgment of acquittal
First Legitimate children and their legitimate descendants. Primary or more
Second Illegitimate children and their descendants. Concurring Commission of adultery or concubinage
Final judgment of conviction
Third Illegitimate parents. Secondary with the spouse of the testator
Fourth Surviving spouse. Concurring Time of death of the testator
Suspensive Condition
Fifth Illegitimate brothers, sisters, nephews and nieces. Time of fulfillment of the condition
Legal
Sixth State.
Repudiation Disinheritance Preterition
Successional Rights of the Adopting Parent Heir is excluded from the inheritance.
Testacy Law presumes that a
Testator deliberately
If the adopted child should execute a will, Heir deliberately compulsory heir was
excludes a compulsory
the law on testamentary succession will apply. excludes himself unintentionally omitted
heir
Intestacy from the inheritance
Biological P. Adopting P. Occurs in both testate
If the adopting parents concur with Occurs only in testamentary succession.
and intestate succession.
biological parents
No right of
Spouse or
If the adopting parents concur with Adopting P. No right of Right of representation is representation. Remedy
Illegitimate Child
illegitimate children or the spouse representation available is annulment of
institution of heirs
Spouse and
If the adopting parents concur with Adopting P.
Illegitimate Child
illegitimate children and the spouse
each
No descendants, ascendants, or Adopting P.
collateral relatives. Entire estate

Art. 1027 Art. 1028 Art. 1032


Incapacity by reason of Incapacity by reason of Incapacity by reason of
undue influence public policy or morality unworthiness
Available only in testate Available only in testate Available both in testate
succession succession and intestate succession
SMILE NOTES |7

Article 992; Explained

A B A B

Legitimate Line Illegitimate Line

C D C D

Legitimate Line Illegitimate Line

E E

C may inherit from A. C may inherit from A.


E may inherit from A. E may inherit from A.

A B A B

Legitimate Line Illegitimate Line

C D C D

Illegitimate Line Legitimate Line

E E

C may inherit from A. C may inherit from A.


E may NOT inherit from A. E may inherit from A.