Law 105 (Succession) Prof.

Quintos 1

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I. SUCCESSION: GENERAL Kinds of Succession:7
1. Testamentary
Succession is a mode of acquisition by virtue of which the property, 2. Legal or intestate
rights, and obligations to the extent of the value of the inheritance of a 3. Mixed
person are transmitted through his death to another or others either by
his will or by operation of law.1 Testamentary succession is that which results from the designation of
an heir, made in a will executed in the form prescribed by law.8
An heir is a person called to the succession either by the provisions of a
will or by operation of law.2 Intestate succession is that which takes place by operation of law in
the absence of a valid will.9
A legatee is a person to whom a gift of personal property is given by
virtue of a will.3 Mixed succession is that effected partly by will and partly by operation
of law.10
A devisee is a person to whom a gift of real property is given by virtue
of a will.4 II. TESTAMENTARY SUCCESSION

Heir Devisee/legatee A. WILLS

Succeeds to the whole or Succeeds to a determinate or
portion of the inheritance individualized thing A will is an act whereby a person is permitted, with the formalities
By testamentary and intestate Only by testamentary succession prescribed by law, to control to a certain degree the disposition of his
succession estate, to take effect after his death.11 It is a personal, solemn, revocable
Continues the personality of the Does not continue the and free act by which a capacitated person disposes of his property and
decedent personality of the decedent rights and declares or complies with duties to take effect after his
death.12
Compulsory Those who succeed by force of law to some
portion of the inheritance, in an amount Characteristics of Wills:
predetermined by law, of which they cannot 1. Purely personal
be deprived except by a valid disinheritance. 2. Free and intelligent
They succeed regardless of the will of the 3. Solemn and formal
decedent. 4. Revocable and ambulatory
Voluntary or Those instituted by the testator in his will, to 5. Mortis causa
Testamentary succeed to the inheritance or the portion 6. Individual
which the testator can freely dispose. 7. Executed with animus testandi
They succeed by reason of the will. 8. Executed with testamentary capacity
Legal or Intestate Those who succeed to the estate of the 9. Unilateral
decedent who dies without a valid will, or to 10. Dispositive
the portion of the estate not disposed by the * Statutory
will.
They succeed in the absence of a will. Purely Personal

Essence of will-making (non-delegable):

The inheritance includes all the property, rights, and obligations of a
person which are not extinguished by his death.5 It includes not only the - Designation of heirs, devisees, legatees
property and the transmissible rights and obligations existing at the time - Duration or efficacy of such designation (conditions, terms,
of his death, but also those which have accrued since the opening of the substitutions)
succession.6 - Determination of portions they are to receive

The rights to the succession are transmitted from the moment of the Free and Intelligent
death of the decedent.
Consent must not be vitiated by:13
Requisites for Transmission of Successional Rights - Insanity
1. Express will of the testator (within the limits prescribed by law), - Violence
or in the absence of a will, the presumed will according to the law - Intimidation
2. The death of the person whose succession is in question - Undue influence
3. The acceptance of the inheritance by the person called to the
- Fraud
succession
4. That the person succeeding has a right to succeed by legitime - Mistake
(compulsory), by will (testamentary), or by law (intestate) and has
legal capacity to succeed Solemn and Formal

Note: Requirements depend on whether it is notarial or holographic.

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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 7 Art. 778
1 Art. 774 8 Art. 779
2 Art. 782 9 C2015 Succession Midterms Reviewer
3 id. 10 Art. 780
4 id. 11 Art. 783
5 Art. 776 12 Vitug v. CA
6 Art. 781 13 Art. 839

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Revocable and Ambulatory Unilateral

Revocability is an inseparable quality of every will. Wills by their nature
are ambulatory and inoperative until the death of the testator.
Mortis Causa
Necessary consequence of Arts. 774 and 777.
Individual
Joint wills are prohibited.14 A joint will is one document which
constitutes the wills of two or more individuals.
Joint wills are void because:
- Limited mode of revocation (one would not just revoke his own
will, but also of another unauthorized destruction)
- Diminution of testamentary secrecy
- Danger of undue influence
- Danger of one testator killing another
Executed with Animus Testandi
Implied in Art. 783.
Implied in Art. 783.
Dispositive
The essence of a will is to dispose of property.
Construction and Interpretation of a Will:
1. Testacy is preferred to intestacy21 -- ut res magis valeat quam pereat
(that the thing may rather be effective than be without effect)
2. When there are latent or patent ambiguities, they are not grounds
to avoid a will. The intention of the testator must be ascertained
from the words, taking into consideration the circumstances under
which it was made22
3. The words of a will must be taken in their ordinary and
grammatical sense; technical words are to be taken in their
technical sense
4. The words must be interpreted to give to every expression some
effect, rather than one which will render any inoperative23
5. Severability/separability principle invalidity of one does not
result in the invalidity of the other provisions
Extrinsic validity refers to the requirement of form (formal validity).

Executed with Testamentary Capacity Governing Filipinos Foreigners

Law
Testamentary capacity is the legal capacity to make a will at the time As to time Law in force when the Same (assuming will is
of the execution of the will.15 All persons have testamentary capacity will was executed24 probated here)
unless disqualified by law. As to place Law of citizenship, Same
domicile, residence,
Disqualified Persons: place of execution, or
1. Those under 1816 Philippine law
2. Those of unsound mind17
Every testator, whether Filipino or alien, wherever he may be, has 5
Soundness of Mind:18 choices as to the law to follow for the form of his will:
- Defined negatively - Law of his citizenship (Arts. 816-817 for aliens, applying to
o Not necessary that the testator be in full possession of Filipinos by analogy by Art. 15)
reasoning faculties - Law of the place of execution (Art. 17)
o Not necessary that testators mind be wholly unbroken, - Law of his domicile (Art. 816 for aliens abroad, applying to aliens
unimpaired, unshattered by disease, injury, or other cause in the Philippines and to Filipinos by analogy)
- Defined positively ability to know: - Law of his residence (same basis as above)
o Nature of estate to be disposed of - Philippine law (Arts. 816-817 for aliens, applying to Filipinos by
o Proper objects of ones bounty analogy)
o Character of testamentary act
Intrinsic validity refers to the substance of the provisions (substantive
Requisites of Testamentary Capacity: validity).
Understanding of:
1. The nature of the estate to be disposed of; Governing Filipinos Foreigners
2. The proper objects of the testators bounty; and Law
3. The character of the testamentary act As to time Law in force at the time Depends on personal
of death25 law26
GR: There is a rebuttable presumption of sanity19 As to place Philippine law27 Depends on personal
XPN: Rebuttable presumption of insanity when: law28
1. The testator, one month or less, before the execution of the will
was publicly known to be insane20 Forms, In General:29
2. The testator executed the will after being placed under 1. In writing; and
guardianship or ordered committed, in either case, for insanity, 2. In a language or dialect known to the testator
and before said order was lifted
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21 Art. 791
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 22 Art. 789
14 Art. 818 23 Art. 791
15 Art. 801 24 Art. 795
16 Art. 797 25 Art. 2263
17 Art. 798 26 Art. 16, 1039
18 Art. 799 27 id.
19 Art. 800 28 id.
20 Art. 800 29 Art. 804

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NOTARIAL WILL Acknowledged Before a Notary Public32

Manner of Signing This requirement applies only to notarial wills, not to holographic ones.

Requirements:30
1. Subscribed at the end
a. By the testator himself or
b. By the testators name written by some other person in his
presence and by his express direction
2. Attested and subscribed by 3 or more credible witnesses in the
presence of the testator and of one another (cannot be notary
public31)
3. Signed by the testator or person requested to write his name on
each and every page of the will (except the last) on the left margin
4. All pages shall be numbered correlatively in letters placed on the
upper part of each page
5. Attestation clause (interpreted to witnesses if in a language not
known to them)
a. States the number of pages upon which the will is written
b. Fact that the testator or the person expressly directed signed
the will and every page
c. The signing was done in the presence of the instrumental
witnesses
d. The witnesses witnessed and signed the will and all the pages
in the presence of the testator and of one another
It is not necessary that the signing of the testator, his witnesses, and the
notary should be accomplished in one single act.33
Substantial Compliance Rule
In the absence of bad faith, forgery, or fraud, or undue and 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 all the requirements of Article 805.34
Omissions which can be supplied by an examination of the will itself,
without resorting to extrinsic evidence, will not be fatal; but omissions
which cannot be supplied except by presenting evidence aliunde will
invalidated the attestation clause.
Disabled Testators
If the testator is blind, the will shall be read to him twice:35
1. By one of the subscribing witnesses
2. By the notary public before whom the will is acknowledged

Requisites for Another to Sign for the Testator: Witnesses

1. In the testators presence;
2. By his express direction The witness must be credible or competent.36 This competence must be
determined at the time of the execution of the will37
Attestation Subscription
Act of the senses (mental) Act of the hand (mechanical) Who May Be Witnesses to the Execution of a Will:38
To know that the instrument is a To write/sign the name, for 1. Person of sound mind
will; to observe, perceive, identification, and to imply that 2. At least 18 years of age
discern, and take notice of what attestation has been performed; 3. Not blind, deaf, or dumb
is done in executing the will; to 4. Able to read and write
certify the facts required to
constitute an actual and legal Disqualifications From Being a Witness:
publication 1. Any person not domiciled in the Philippines39
Purpose: 2. Those who have been convicted of:40
1. Identification of the instrument a. Falsification of a document
2. Protection of the testator from fraud and deception so that he b. Perjury
may freely and voluntarily express his testamentary intent c. False testimony
3. Ascertainment of the testators testamentary capacity 3. Any person who is not of sound mind41
4. Any person who is less than 18 years of age42
An attestation clause is: 5. Any person who is deaf, blind, or dumb43
- A memorandum of facts attending the execution of the will, and 6. Any person who cannot read or write44
that part of the instrument where the witnesses certify that the
instrument has been executed before them, and the manner of its
execution
- A certification by the witnesses that the requirements of the law
for the execution of the will have been complied with

Contents of the Attestation Clause:

1. Number of pages used upon which the will is written
2. That the testator signed the will and every page thereof, or caused
some other person to write his name, under his express direction
and in his presence
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32 Art. 806
3. That the signing by the testator, or by the person designated by 33 Javellana v. Ledesma
him, was in the presence of the instrumental witnesses 34 Art. 809
35 Art. 808
4. That the witnesses signed the will and all the pages thereof, in the 36 Art. 805
presence of the testator and of each other 37 Art. 822
38 Art. 820
39 Art. 821
40 id.
41 Art. 820
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 42 id.
30 Art. 805 43 id.
31 Cruz v. Villasor 44 Id.

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HOLOGRAPHIC WILL A codicil is a supplement or addition to a will, made after the execution
of a will and annexed to be taken as a part thereof, by which a
A holographic will is one which must be entirely written, dated, and disposition made in the original will is explained, added to, or altered.48
signed by the hand of the testator himself. It is subject to no other It must be executed as in the case of a will.49
form, and may be made in or out of the Philippines, and need not be
witnessed.45 Codicil New Will
Explains, alters, or adds to an Makes dispositions independent
Requirements for a Holographic Will: original will of those in the original will
1. Entirely handwritten by the testator without explaining or modifying
2. Dated by the testator such original will
3. Signed by the testator
Incorporation by Reference of a Document or Paper to a Will:
When Insertion Consent of Effect 1. The document or paper referred to in the will must be in
Made Testator existence at the time of the execution of the will
After execution Without Insertion considered not 2. The will must clearly describe and identify the same, stating
consent written; will cannot be among other things, the number of pages thereof
defeated by the malice of a 3. It must be identified by clear and satisfactory proof as the
third person document or paper referred to therein
After execution With consent Will remains valid; insertion 4. It must be signed by the testator and the witnesses on each and
considered not written every page, except in the case of voluminous books of account or
(void) inventories
After execution; but -- Insertion becomes part of
validated by the the will; entire will becomes GR: If an instrument is not executed with all the formalities of a will, it
testator by his void because of failure to cannot be admitted.
signature comply with entirely XPN: Incorporation by reference. If a duly executed and witnessed will
writtenby the hand of incorporates by reference any document or paper not so executed and
the testator witnessed, then the paper referred to will take effect as part of the will
Contemporaneous -- Will is void because not and be admitted to probate.
to the execution entirely writtenby the
hand of the testator Revocability of Wills:
Wills are ambulatory and inoperative until the death of the testator. It is
Requirements for Additional Dispositions46 revocable at the testators pleasure during his lifetime. There is no such
- Signature and date; or thing as an irrevocable will.
- Each additional disposition SIGNED and undated, but the last
disposition is signed and dated Revocation Nullity
- If the additional ones are undated and unsigned, but the last is Both have the purpose of depriving a will of legal effect
dated and signed Act of testator Proceeds from law
o If made on one occasion, the signature and date of the last Presupposes a valid act Inherent in the testament, be it
one will validate all an intrinsic or extrinsic defect
o If made on different occasions, the intermediate ones are void Takes place during the lifetime Invoked after his death by his
of the testator intestate or compulsory heirs
Insertions, Cancellations, Erasures, and Alterations Testator cannot renounce the Can be disregarded by the heirs
- Must be authenticated by the testator by his full signature47 right to revoke through voluntary compliance
therewith
- If not authenticated, they are considered not made; the will is not
invalidated as a whole
o XPT: The portion involved is an essential part of the will Time

Probate of Holographic Will A will is revocable at any time before the testators death.50
Uncontested Contested Absence of
Witnesses
At least 1 witness At least 3 witnesses Expert testimony
Witness/es must know the handwriting and In the absence of
signature of the testator competent witnesses
Witness/es must explicitly declare that the and if the Court
will and the signature are in the handwriting deems it necessary
of the testator

Ante-Mortem Probate Post-Mortem Probate

Testator himself files the Three-witness rule will apply.
petition and will identify the
document himself.

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45 Art. 810 48 Art. 825
46 Art. 813 49 Art. 826
47 Art. 814 50 Art. 828

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Place Types of Revocation:53
1. Express made through a revocatory clause; a later will declares
If the revocation is made in the Philippines, follow Philippine law. If the former revoked
revocation is made outside the Philippines, follow Art. 829. 2. Implied through incompatibility; the later will makes
dispositions inconsistent with the provisions of the former will
Testator is 1. Follow the law of the place where the will
NOT was made; OR GR: A revocation made in a subsequent will shall take effect, even if
domiciled in 2. Follow the law of the place where the testator the new will should become inoperative by reason of the incapacity of
the was domiciled at the time of the revocation the heirs, devisees, or legatees designated therein, or by their
Philippines51 renunciation.54 Generally, it is an absolute provision, independent of the
Testator is 1. Follow Philippine law (domiciliary principle) acceptance or capacity of the new heirs.
domiciled in 2. Follow the law of the place of the revocation XPN: The doctrine of dependent relative revocation.
the (principle of lex loci celebracionis in Art. 17)
Philippines 3. Follow law of the place where the will was Doctrine of Dependent Relative Revocation
(not governed made (by analogy of the rules where the Where the act of destruction is connected with the making of another
by Art. 829) testator is an non-Filipino domiciliary) 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
Manner disposition intended to be substituted, the revocation will be
conditional and dependent upon the efficacy of the new disposition;
Wills are revocable ad nutum, at the testators pleasure. The testator does and if the new will is inoperative, the revocation fails, and the original
not need to have a reason or cause for revoking. will shall remain in full force.

How Wills May Be Revoked:52 A revocation of a will based on a false cause or an illegal cause is null
1. By implication of law; and void.55
2. By some will, codicil, or other writing executed as provided in case
of wills; Requisites for Application of Art. 833 on Revocation for False
3. By burning, tearing, cancelling, or obliterating the will with the Cause
intention of revoking it 1. The cause must be concrete, factual, and not purely subjective
a. By the testator himself, or 2. It must be false
b. By some other person in his presence and by his express 3. The testator must not know of its falsity
direction 4. It must appear from the will that the testator is revoking because
Note: If without the express direction of the testator, the will of the cause which is false
may still be established and the estate distributed in
accordance therewith, if its contents, and due execution, and The recognition of an illegitimate child does not lose its legal effect even
the fact of its unauthorized destruction, cancellation, or though the will wherein it was made should be revoked.56
obliteration are established according to the Rules of Court
Republication and Revival
Revocation by Implication of Law when acts or events take place
subsequent to the making of the will, which nullify or render inoperative GR: The execution of a codicil (referring to a previous will) has the
the will or some of its testamentary dispositions; it may be partial or effect of republishing the will as modified by the codicil.57
total XPN: If the original will is void as to its form, the dispositions must be
1. Unworthiness to succeed (Art. 1032) reproduced in the codicil, and cannot merely refer to the original will58
2. Transformation, alienation, or loss of the thing devised or
bequeathed (Art. 957) If after making a will, the testator makes a second will expressly
3. Judicial demand by the testator of a credit which has been given as revoking the first, the revocation of the second will does not revive the
a legacy (Art. 936) first will, which can only be revived by another will or codicil.59
4. Preterition (Art. 854) - There must be an express revocation of the first by the second
- The revocation takes place instanter
Revocation by Subsequent Will or Codicil Such wills must be - If the testator wants to revive the first, it must be done by another
probated to take effect. Requisites for a valid subsequent instrument: will or codicil
1. Subsequent instrument must comply with formal requisites of a
will Revocation Disallowance
2. Testator must possess testamentary capacity Voluntary act of the testator By judicial decree
3. Subsequent instrument must contain an express revocatory clause May be made without cause Must be based on causes
or be incompatible with the prior will (Art. 831) provided by law
May be partial Always total
Revocation by Destruction of Will The same degree of mental
capacity is required to revoke a will as to make one. The destruction
must be with intent to revoke (animo revocandi). The requisites, similar to
revocation by physical destruction:
1. Corpus the physical destruction itself (there must be evidence of
physical destruction)
2. Animus the capacity and intent to revoke (testator must have
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53 Art. 831
completed everything he intended to do) 54 Art. 832
55 Art. 833
56 Art. 834
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 57 Art. 836
51 Art. 829 58 Art. 835
52 Art. 830 59 Art. 837

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Probate means to prove before some officer or tribunal vested with the Who Are Compulsory Heirs:63
authority for the purpose that the instrument offered to be proved is the 1. Legitimate children and descendants, WRT legitimate parents
last will and testament of the deceased person whose testamentary act it and ascendants
is alleged to be, and that it has been executed, attested and published as 2. In default of the foregoing, legitimate parents and ascendants
required by law and that the testator was of sound and disposing mind WRT legitimate children and descendants
during its execution. 3. The widow or widower
4. Acknowledged natural children and natural children by legal
Kinds of Probate: fiction
1. Ante-Mortem Probate instituted by the testator himself during 5. Other illegitimate children
his lifetime
2. Post-Mortem Probate instituted by heirs or interested persons Effect of Predecease of Heir
after the death of the testator Voluntary Heir Dies Compulsory Heir Dies, is
Incapacitated, or Renounces
Purpose of probate is not to look into the intrinsic validity of the Transmits nothing to his heirs Shall transmit no right to his
provisions of the will, but to ascertain the extrinsic validity of the will own heirs except in cases
itself. expressly provided for in this
Code
What Must Be Established During Probate Proceedings:
1. That the testator executing the will has died Preterition means the total omission of a compulsory heir in the direct
2. That the last will and testament is his line from the inheritance. It is usually done by the silence of the testator
3. That the will was executed while the testator had the capacity to do inadvertently.
so, i.e., was of sound mind an that he was not acting under duress,
menace, fraud, or undue influence Effect: will annul the institution of the heir, but devises and legacies
4. That the will was executed conforming to all the formalities shall be valid insofar as they are not inofficious.
required by law
Preterition v. Disinheritance
Effect of Probate: After probate proceedings have been established Preterition Disinheritance
and if the probate court allows the will, if no appeal is taken within the Tacit method of deprivation of Express method of deprivation
allowable period, the matter of due execution of the will and capacity legitime of legitime
of the testator acquire the character of res judicata. Presumed by law that it is Always done voluntarily
involuntary
Grounds for Disallowance:60 Done by oversight or mistake There must be legal cause
1. If the formalities required by law have not been complied with; Omitted heir gets not only his Heir completely excluded from
2. If the testator was insane, or otherwise mentally incapable of legitime but also his share in the inheritance, and if disinheritance
making a will, at the time of its execution; free portion not disposed of by is not lawfully made, he is
3. If it was executed through force or under duress, or the influence way of devices and legacies merely restored to his legitime
of fear, or threats;
4. If it was procured by undue and improper force and influence, on Substitution is the appointment of another heir so that he may enter
the part of the beneficiary, or some other person;
into the inheritance in default of the heir originally instituted.64
5. If the signature of the testator was procured by fraud;
6. If the testator acted by mistake or did not intend that the
In default means a failure to inherit because of:
instrument he signed should be his will at the time of affixing his
1. Predecease
signature thereto 2. Renunciation
3. Incapacity
B. INSTITUTION OF HEIRS
Substitution is the act by which the testator designates the person or
Institution of heir is an act by virtue of which a testator designates in
persons to take the place of the heir or heirs first instituted65
his will the person or persons who are to succeed him in his property
and transmissible rights and obligations.61
Accretion is a right by virtue of which, when 2 or more persons are
called to the same inheritance, devise or legacy, the part assigned to the
Extent of Grant62
one who renounces or cannot receive his/her share, or who died before
No Compulsory Heirs With Compulsory Heirs the testator, is added or incorporated to that of his co-heirs, co-devisees,
May dispose by will of all his May dispose of his estate or co-legatees.
estate or any part of it in favor provided he does not contravene
of any person having the the provisions of this Code with Classification of Substitution:66
capacity to succeed regard to the legitime of said 1. Simple or common
heirs 2. Brief or compendious
3. Reciprocal
Compulsory Heirs are those who succeed to a certain portion of the 4. Fideicommissary
estate of the decedent by force of law.

Voluntary Heirs are those assigned by the will of the testator to succed
him in a specified portion of his estate.

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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 63 Art. 887
60 Art. 839 64 Art. 857
61 Art. 840 65 Tolentino
62 Art. 842 66 Art. 858

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Simple substitution is the designation of one or more persons to Types of Testamentary Dispositions:74
substitute the heirs instituted incase:67 1. Conditionally
1. Such heir or heirs should die before him; 2. For a certain purpose
2. Should not wish to accept the inheritance; or 3. For a certain cause
3. Should be incapacitated to accept the inheritance
A condition is any future and uncertain event on the happening of
Brief substitution is the substitution of 2 or more persons for 1.68 which a juridical act is made to depend.

Compendious substitution is the substitution of 1 person for 2 or Kinds of Conditions:

more heirs.69
Reciprocal substitution takes place when 2 persons are reciprocally
substitutes for each other.70
Fideicommissary substitution takes place when the testator instituted
a person as heir with the obligation to transmit the property in whole or
in part to another.
Extinguishment of Substitution:
1. Nullity of the will
2. Annulment of the institution of the heir
3. Death of the substitute before the testator
4. Substitute is incapacitated to succeed the testator
5. Substitute repudiates or renounces the inheritance
Elements of Fideicommissary71
1. There must be a fiduciary or first heir
2. An absolute obligation is imposed upon the fiduciary to preserve
and to transmit to a second heir the property at a given time
3. There is a second heir (fideicommissary) who must be one degree
from the first heir
4. The first and second heir must be both living and qualified at the
time of the death of the testator
Note: The fideicommissary substitution must be express in order that it
may be valid72
Ineffective Substitutions:73
1. Fideicommissary substitutions which are not made in an express
manner, either by giving them this name, or imposing upon the
fiduciary the absolute obligation to deliver the property to a second
heir
2. Provisions which contain a perpetual prohibition to alienate, and
even a temporary one, beyond the limit fixed in Article 863
3. Those which impose upon the heir the charge of paying to various
persons successively, beyond the limit prescribed in Article 863
4. Those which leave to a person the whole or part of the hereditary
property in order that he may apply or invest the same according
to the secret instructions communicated to him by the testator
Effect of Substitutions:
GR: The second heir is subject to the same charges and conditions as
the first
XPN:
1. Testator expressly provides the contrary
2. Charges and obligations are personally applicable
1. Impossible conditions, conditions contrary to law or good
customs: not imposed
2. Condition prohibiting marriage
a. On first marriage: always void
b. Subsequent marriage:
GR: Void
XPN: Imposed on widow or widower by deceased spouse or
latters ascendants or descendants.
3. Disposicion captatoria: void
4. Potestative: constructive compliance sufficient
5. Casual or mixed: actual compliance required (casual); depends if
nonfulfillment due to fault of third party, then constructive is
sufficient (mixed)
6. Suspensive
Impossible conditions and those contrary to law or good customs
shall be considered as not imposed.
Disposicion captatoria is any disposition made upon the condition
that the heir shall make some provision in his will in favor of the
testator or of any other person.
A purely potestative condition is one which depends solely upon the
will of the heir, devisee, or legatee, and must be performed by him
personally.
GR: Condition must be fulfilled as soon as the heir learns of the
testators death.
XPN: If the condition has already been fulfilled and is of such a nature
that it cannot be fulfilled again or repeated, the condition is deemed
fulfilled.
A casual condition is when the fulfillment of the condition depends
solely on chance or on the will of a third person.
GR: May be fulfilled at any time, before or after the death.
XPN: Testator provides otherwise.
A mixed condition is when the fulfillment of the condition depends
partly on chance and partly on the will of the heir, devisee, or legatee.
GR: May be fulfilled at any time, before or after the death.
XPN: Testator provides otherwise.
Caucion mauciana is a bond given by the conditional heir in order to
guaranty or secure the rights of those who would succeed to the
property upon violation by said heir of the negative potestative
condition.

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67 Art. 859
68 Art. 860
69 id.
70 Art. 861
71 Art. 863
72 Art. 865 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
73 Art. 867 74 Art. 871
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Condition Term Steps to Determine Legitime:
Future and uncertain event Certain to happen, though the 1. Assets: Value of the property left at the death of the testator
exact time/date be uncertain 2. Liabilities: Determine obligations, debts and charges to be paid
Successional rights are Rights are transmitted upon the by the estate
transmitted only when the death of the testator, term 3. Net hereditary estate: Deduct liabilities from assets
condition happens, but the merely serves to determine the 4. Donations inter vivos: Add to the net estate the value of all the
effects retroact to the date of the demandability of the right donations by the testator subject to collation
testators death already acquired 5. Legitime: Compute the legitime by getting from the sum in #4
If heir dies before condition is If heir dies before arrival of the the portion the law provides as the legitime in respect of
fulfilled, he transmits no right to term, his rights are not affected compulsory heirs
his heirs and his heirs are entitled to
succeed to his inheritance 2 Concepts of Collation:
1. Imaginary/Ficitious Addition mere mathematical operation
Types of Terms by adding the value of the donation to the value of the estate
Suspensive Resolutory 2. Actual/Material Return property donated must be actually
Ex die In diem brought back and returned to the estate
Before the happening of the Before the expiration of the
condition, give the property to term, give the property to the Collation is for the benefit of compulsory heirs. It is necessary that there
the legal heirs for them to enjoy, instituted heirs, but when the be such heirs at the time of the testators death.
but to protect the instituted heir, term expires, such heir must give
legal heirs must put up a bond it to the legal heirs or those The value of the donation should be that at the time the donations were
(caucion mauciana) appointed by the testator, with made.
no requirement to file a bond
Who are Entitled to the Legitime:82
1. Legitimate children and descendants, WRT their legitimate parents
Mode v. Condition
and ascendants;
Mode Condition
2. In default of the foregoing, legitimate parents and ascendants,
Obligates but does not suspend Suspends but does not obligate
WRT their legitimate children and descendants;
Complied with by reason of Fulfilled to acquire a perfect 3. The widow or widower;
being an heir right as heir 4. Acknowledged natural children, and natural children by legal
fiction;
C. LEGITIME 5. Other illegitimate children referred to in Art. 287
Legitime is that part of the testators property which he cannot dispose The adopted shall be deemed to be a legitimate child of the adopters.83
of because the law has reserved it for certain heirs who are, therefore,
called compulsory heirs.75 It consists of a part or fraction of the entire Kinds of Compulsory Heirs:
mass of the hereditary estate.76 1. Primary: absolutely preferred and exclude the secondary heirs
Legitimate children; in their absence, legitimate descendants
The testator may devise and bequeath the free portion as he may deem 2. Secondary: Succeed only in the absence of primary heirs
fit.77 Legitimate parents; in their absence, legitimate ascendants
3. Concurring: Succeed together with the primary or secondary
Restrictions/Limitations on the Testator: compulsory heirs
1. Cannot deprive his compulsory heirs of their legitimes78 Surviving spouse and illegitimate children
XPN: Disinheritance XPN: Illegitimate children exclude illegitimate parents
2. Cannot impose theron any burden, encumbrance, condition, or
substitution of any kind79 Hereditary Estate:
Effect of burden: Considered not imposed80 1. One-half: to the legitime of legitimate children and descendants84
3. Cannot make gratuitous disposition 2. Remaining half: free portion
a. Testamentary disposition mortis causa Subject to: rights of concurring compulsory heirs (SS and IC)
b. Donation inter vivos
Three Rules:
Restriction on the Heir: Cannot enter into a contract upon future 1. Proximity Rule: Nearer excludes the more remote. No
inheritance81 representation in the ascending line.
XPN: 2. Equal Division: Division by (between the) lines. If there are
ascendants of the same degree in both paternal and maternal lines,
the legitime is divided equally between the 2 lines, irrespective of
the number of persons in each line.
3. Equal Division Within the Line

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75 Art. 886
76 C2015 Reviewer
77 Art. 914
78 Art. 904 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
79 Art. 904 and 872 82 Art. 887
80 Art. 872 83 Art. 189(1), FC
81 Art. 1347 84 Art. 888

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General Rules on Legitime: Table 1. Sharing of Legitimes
1. The share of the legitimate children and descendants = of the Arts. LC/D IC LP/A SS FP
hereditary estate 1 / /
a. If there are no legitimate children and descendants, this share (1/2) (X) (1/4) (1/4)
corresponds to the legitimate parents and ascendants 888
/
b. If illegitimate children concur with legitimate children, the 892 2 or more (subject to
(same as
share of an illegitimate child will be of the share of a (1/2) (X) SS)
LC)
legitimate child 889 / / /
2. Free portion = of the hereditary estate 893 (1/2)88 (1/4) (1/4)
a. This portion is always subject to the shares of the concurring / / /
heirs (surviving spouse and the illegitimate children) 894
(1/3)89 (1/3) (1/3)
b. In satisfying the shares, the share of the surviving spouse 889 / / /
must be satisfied first before the illegitimate children 896 (1/4) (1/2) (1/4)
c. The shares of the illegitimate children cannot exceed the free /
portion; if it does, their shares will be proportionally reduced /
888 / (1/2 (subject to
3. When there are illegitimate children, their filiation must be duly (same as
897 (1/2) of (X) SS and IC)
proved first LC)
LC)90
4. If there was legal separation, the surviving spouse may only inherit 889 / / / /
if it was the deceased who gave cause for the separation 899 (1/4) (1/2) (1/8) (1/8)
/ /
Sharing of Legitimes
(1/2) (1/2)
(See next 2 pages) 900
/ /
(1/3) (2/3)
Future Legitimes
/ /
There can be no renunciation or compromise as regards a future 901
(1/2) (1/2)
legitime. If there be any, it is void. The legitime may be claimed upon
the death of the decedent, but the compulsory heirs must bring to
collation what they may have received by virtue of the renunciation or Note:
the compromise.85 If there was legal separation, SS may inherit if it was deceased who
gave cause for LS
Completion of Legitimes Share of SS and IC taken from FP
Any compulsory heir may ask for the balance to complete his legitime in o SS legitime fully satisfied first
order that the same be fully satisfied.86 o IC legitime shall not exceed FP
! In case IC legitimes exceed FP, their shares will be
If there are testamentary dispositions that impair or diminish the reduced proportionally
legitime of compulsory heirs, the dispositions shall be reduced on petition Share of IC = of share of LC/D
insofar as they may be inofficious or excessive.87 o Filiation of IC must be duly proven first
If SS is only heir, and marriage was solemnized in articulo mortis,
and the testator died within 3 months from marriage, SS share shall
be reduced to 1/3
o XPT: IF they lived as husband and wife for >5 years, then it
shall be

Table 2. Legitime of the Heirs of an Illegitimate Child

LC/D IC LP SS FP
/ /
(1/2) (1/2)
888 / / /
(X)
903 (1/2) (1/4) (1/4)
/ / /
(1/4) (1/4) (1/2)

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85 Art. 905 88 Divide according to 890
86 Art. 906 89 Divide in the proportion established in 895
87 Art. 907 90 Essentially 1/4
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D. RESERVA TRONCAL Transmissions Involved in a Reserva Troncal 95
Transmission Mode From To
The ascendant who inherits from his descendant any property which the First Gratuitous title Ascendant or Deceased
latter may have acquired by gratuitous title from another ascendant, or a (inheritance or brother or descendant
brother or sister, is obliged to reserve such property as he may have donation) sister (origin) (prepositus)
acquired by operation of law for the benefit of relatives who are within Second Operation of Deceased Another
the third degree and who belong to the line from which said property law (intestate descendant ascendant
came.91 succession or (prepositus) (reservista)
legitime)
Reserva troncal is the duty imposed by law on an ascendant who Third Ascendant Relatives
inherits a property from his/her descendant to preserve said property (reservista) (reservatarios)
for specified relatives belonging to the line (or tronco) from which the within the third
property came.92 degree from
the prepositus
Purpose belonging to
To reserve certain property in favor of certain relatives. It seeks to the line of the
prevent persons outside a family from securing property that would first ascendant
otherwise have remained therein. The principal aim is to maintain as (origin)
absolutely as possible a separation between paternal and maternal lines
so that the property of one line may not pass to the other, or through Rights and Obligations96
them to strangers.93 Persons Rights Obligations
Revocable and Make an inventory of
The purpose is to assure the return of the reservable property to the line
conditional ownership all the reservable
from which it originally came, and avoid its being disspitated by the
Full enjoyment and property
relatives of the inheriting ascendant (reservista). It is to avoid the danger
that property existing for many years in familys patrimony might pass usufruct of the Annotate in the
gratuitously to outsiders through the accident of marriage and untimely property Registry of Property
death. the reservable
character of the
Personal Elements in a Reserva Troncal property
1. Origin the ascendant or sibling who was the initial owner of the Constitute a
property Reservista mortgage or give
2. Prepositus the descendant who inherits the origins property security that upon his
gratuitously death, the property or
3. Reservista the ascendant of the prepositus who acquires the its value, along with
property through force of law; the one required to hold the reimbursement for
property in favor of the reservatarios deterioration to the
4. Reservatarios the ones in whose favor the property is held; their property occasioned
right is subject to the death of the reservista by his fault or
negligence, will be
Requisites94 given to the
Person Requisites reservatarios
The Origin 1. Initial owner of the property Reservatarios Can compel the Hold all proceedings
Asecendant (or 2. Dies reservista to have the to transmit the
sibling) 3. Leaves property to descendant by gratuitous reservable character of property to them until
title the property annotated the death of the
The 1. Received property from prior ascendant by if the reservista does reservista. Their right
Prepositus gratuitous title not do so within the to the land during such
Descendant 2. Dies period provided is only an expectancy
3. Leaves property to other ascendant through Right to claim and does not become
force of law mortgage or security definite until the
The Reservista 1. Received property from the descendant instituted on the reservista meets his
Receiving through force of law reserved property demise
Ascendant 2. Obliged to hold the property received
3. Has effective dominion over the reserved Nature
property, limited by the existence of The reserva creates a double resolutory condition to which the right of
reservatarios when he dies ownership of the person obliged to reserve is subjected.
The 1. Persons within the 3rd degree of the line of the The resolutory conditions are:
Reservatarios prepositus 1. Death of the ascendant obliged to reserve
Relatives within 2. Property reserved is held in their favor 2. The survival at that moment of relatives within the third degree
the 3rd degree 3. Will only have rights to the property if/when belonging to the line from which the property came
from prepositus the reservista dies
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91 Art. 891
92 Joemer, at 97 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
93 C2015 Reviewer 95 Joemer Perez, at 99-100
94 id. 96 C2015 Reviewer
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Preference Among Reservatarios
Same as intestate succession: a preference between lines (descending >
ascending > collateral) and within each line, the nearest excludes the
more remote.
Registration
This is one of the obligations of the reservista upon coming into
ownership of a property that is subject to reserva troncal. This registration
shall be subject to the right of the reservatarios who survive the
reservista if the fact that the property is reservable was indicated
somehow in the registration or other official documents.
The reservista has 90 days from the time the reserva arises within which
to register the reservable character of the property; otherwise, the
reservista may be compelled by the reservatarios to register it.
Extinguishment of Reserva Troncal
1. Death of the reservista
2. Death of all the reservatarios (relatives within the third degree)
3. Loss of the thing reserved without fault or negligence imputable to
the reservista
If the property is insured, proceeds of the insurance will go to
the reservatarios
If it is sold or taken by eminent domain, the proceeds will go
to the reservatarios
4. Renunciation by the reservatarios of the reservation
Must be by ALL the reservatarios of age and with capacity to
give consent
Renunciation of 1 reservatario will not prejudice the share of
the others
Renunciation may be express or implied
5. Prescription
Reservista holds the property adversely against the
reservatarios as free from reservation
6. Registration under Torrens system as free from reservation
Usually involves a situation with an innocent purchaser in
good faith and for value
Reserva Maxima v. Reserva Minima97
Situation: If the prepositus estate consists of property other than the
reservable property and he institutes the ascendant-reservista to the free
portion, a problem may arise as to whether the reservable property
should be deemed to pass as part of the ascendants legitime or as the
part of the free portion.
If as free portion: It does not need to be reserved.
If as legitime: It needs to be reserved.
Two solutions:
1. Reserva Maxima as much of the reservable property as possible
should be deemed to pass by operation of law, in order to
maximize the scope of the reserva
2. Reserva Minima each property should be deemed to pass partly
by will and partly by operation of law, in the same proportion of
the part given by will to the part not so given.
Note: Reserva minima finds wider acceptance being more acceptable and
less restrictive to the free circulation of the property.
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97 Joemer Perez at 99-100
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Law 105 (Succession) Prof. Quintos 11
E. DISINHERITANCE
Disinheritance is the act by which the testator, for a just cause,
deprives a compulsory heir of his right to the legitime. It is a means
given to the testator to punish such of his compulsory heirs who have
committed acts which render them unworthy of benefit or generosity.
Through disinheritance, the law allows the testator to save himself from
the pain of seeing a portion of his property pass forcibly to an
ungrateful heir or to one who may have brought dishonor to him.98
Requisites
1. The heir disinherited must be designated by name or in such
manner as to leave no room for doubt as to who is intended
Rules for designation of instituted heirs apply equally to
designation of disinherited heirs
2. The disinheritance must be for a cause designated by law99
Law itself enumerates the causes
Causes cannot be extended by analogy
3. It must be made in a will100
Will must have all the formal requisites for its validity
If the will is void, the disinheritance will not be valid
4. It must be made expressly, stating the cause in the will itself101
No tacit disinheritance
Intention of the testator to disinherit on a legal ground must
clearly appear
If language gives rise to doubts as to the sufficiency of the
acts as ground for disinheritance, disinheritance is made void
5. The cause must be certain and true, and must be proved by the
interested heirs if the person disinherited should deny it102
Truth is not presumed; it must be proved
Disinherited heir just has to deny the cause and the burden is
shifted to those who would uphold the disinheritance
6. It must be unconditional
There may be a disinheritance made with a conditional pardon;
pardon is dependent upon some condition related to the
disinheritance
Conditional pardon, not conditional disinheritance ia allowed
7. It must be total
Review on Formal Requirements of Wills:
1. Notarial Will
a. In writing, in a language known to the testator
b. Subscribed at the end by the testator himself or by some
other person writing the testators name in his behalf under
his direction in his presence and that of the witnesses
c. Attested and subscribed to by 3 or more witnesses in the
presence of each other and of the testator
d. Testator/person signing his name in his behalf and the
instrumental witnesses shall sign their name on each and
every page of the will except the last, on the left margin
e. With an attestation clause stating:
i. Number of pages
ii. Fact that the testators signed on each and every page; that
the person signing on the testators behalf did so under his
express direction, in his presence and that of the witnesses
f. Acknowledged before a notary public by the testator and his
witnesses
2. Holographic Will
a. In writing, in a language known to the testator
b. Entirely written, dated, and signed by the testator himself
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98 C2015 Reviewer
99 Art. 915
100 Art. 916
101 Art. 916
102 Art. 918
 Law 105 (Succession) Prof. Quintos 12

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Effect: To deprive the compulsory heir of all participation in the estate Disinheritance of Parents or Ascendants104
of the testator. It results in the total exclusion of the disinherited heir, 1. When the parents have Abandonment in a general
who forfeits: abandoned their children or sense; includes failure to give due
1. His legitime induced their daughters to live a care, attention and support
2. His intestate portion, if any corrupt or immoral life, or Immorality applies to all female
3. Any testamentary disposition made in a prior will of the attempted against their virtue descendants; what is corrupt or
disinheriting testator immoral is a matter of judicial
appraisal and opinion
A disinherited person (child or descedent) can be represented by said Attempt against virtue enough
disinherited persons children and descendants. The causes are personal that acts which would have
to the disinherited heir and he alone is at fault. Nobody else should amounted to rape, seduction, or
suffer the effects of such culpability. acts of lasciviousness
GR: The representation is with respect to the legitime. 2. When the parent or ascendant
XPN: When the testator has not disposed of the free portion and the has been convicted of an
disinherited heir is an intestate heir and is entitled to more than the attempt against the life of the
legitime. testator, his or her spouse,
descendants, or ascendants
Disinheritance of Children and Descendants103 3. When the parent or ascendant
1. When a child or descendant has Includes all the different degrees has accused the testator of a
been found guilty of an attempt of commission crime for which the law
against the life of the testator, Principal factor: intention of the prescribes imprisonment for six
his or her spouse, descendants, heir; must be intentional, years or more, if the accusation (same as in Art. 919)
or ascendants conviction is required has been found to be false
2. When a child or descendant has Elements of False Accusation 4. When the parent or ascendant
accused the testator of a crime a) Act of accusing the testator has been convicted of adultery
for which the law prescribes b) Judicial declaration that or concubinage with the spouse
imprisonment for six years or accusation is false of the testator
more, if the accusation has c) Offense charged is punishable 5. When the parent or ascendant
been found groundless by 6 years or more by fraud, violence, intimidation,
3. When a child or descendant has Heir cannot succeed under the or undue influence causes the
been convicted of adultery or will of his paramour testator to make a will or to
concubinage with the spouse of change one already made
the testator 6. The loss of parental authority Only causes which involve
4. When a child or descendant by Testator may make a different will for causes specified in this culpability on the part of the
fraud, violence, intimidation, or in which he disinherits such heir Code parents:
undue influcne causes the Will obtained through any of a) Judicial deprivation of parental
testator to make a will or to these means may be annulled or authority on the ground of
change one already made disallowed sexual abuse
5. A refusal without justifiable Refusal to support must be b) Loss of parental authority as a
cause to support the parent or without justifiable cause result of judicial declaration of
ascendant who disinherits such Judicial demand for support is abandonment
child or descendant unnecessary c) Judicial deprivation of parental
6. Maltreatment of the testator by Maltreatment by deed all acts of authority on the ground of:
word or deed, by the child or violence short of an attempt to i. Excessively harsh or cruel
descendant take his life treatment of the child
Maltreatment by word slander ii. Giving the child
addressed directly and personally corrupting orders, counsel,
against the testator himself or example
7. When a child or descendant Disgrace or dishonor is a matter iii. Compelling the child to
leads a dishonorable or of opinion beg
disgraceful life Leads implies a continuity of iv. Subjecting the child or
conduct allowing him to be
8. Conviction of a crime which Final conviction is required subjected to acts of
carries with it the penalty of Imposed with penalties of death, lasciviousness
civil interdiction reclusion perpetua, and temporal 7. The refusal to support the
Note: Children and descendants, whether legitimate or illegitimate children or descendants
without justifiable cause
8. An attempt by one of the
parents against the life of the
other, unless there has been
reconciliation between them
Note: Children and descendants, whether legitimate or illegitimate

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103 Art. 919 104 Art. 920
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Disinheritance of a Spouse105
1. When the spouse has been
convicted of an attempt against
the life of the testator, his or
her descendants, or ascendants
2. When the spouse has accused
the testator of a crime for
which the law prescribes
imprisonment for six years or
more, and the accusation has
been found to be false
3. When the spouse by fraud,
violence, intimidation, or undue
influence causes the testator to
make a will or to change one
already made
4. When the spouse has given
cause for legal separation
5. When the spouse has given
grounds for the loss of parental
authority
6. Unjustifiable refusal to support
the children or the other spouse
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105 Art. 921
! B2017 herrera-lim
(same as in Art. 919 and 920)
Not necessary that legal
separation be obtained. Causes:
a) Repeated physical violence or
grossly abusive conduct
directed against the spouse,
common child, or a child of
the spouse
b) Physical violence or moral
pressure to compel the spouse
to change religious or political
affiliation
c) Attempt to corrupt or induce
the other spouse, a common
child, or a child of a spouse, to
engage in prostitution, or
connivance in such corruption
or inducement
d) Final judgment sentencing the
spouse to imprisonment of
more than 6 years
e) Drug addiction or habitual
alcoholism of a spouse
f) Lesbianism or homosexuality
of a spouse
g) Contracting by the spouse of a
subsequent bigamous
marriage, whether in the
Philippines or abroad
h) Sexual infidelity or perversion
i) Attempt by the spouse against
the life of the other spouse
j) Abandonment of a spouse
without justifiable cause for
more than one year
(same as in Art. 920)
Law 105 (Succession) Prof. Quintos 13
Ineffective/Void Disinheritance:
1. When a disinheritance does not have one or more of the essential
requisites for its validity
a. Without specification of a cause
b. The cause is not proved or is not one of those set forth in the
Code
c. Not made in a will or will is invalid
2. When there is a reconciliation after a disinheritance has been made
Effect of Ineffective/Void Disinheritance:
The disinherited heir is given all that he is entitled to receive as if the
disinheritance had not been made, without prejudice to lawful
dispositions made by the testator in favor of others. The heir gets his
legitime.
Distinguished from Preterition
Ineffective Disinheritance Preterition
Deprivation of a compulsory heir Omission from the inheritance
to his right to the legitime
Annuls the institution of heirs Results in the annulment of the
insofar as it may prejudice the institution of heirs but legacies
person disinherited, but devises and devises are valid insofar as
and legacies and other they are not inofficious
testamentary dispositions shall be
valid to such extent as will not
impair the legitime
Reconciliation
1. Express Pardon
a. Reconciliation must be real
b. Must expressly refer to the disinherited heir and specifically to
the acts causing the disinheritance
c. Pardon must be accepted by the heir
2. Conduct of the Testator intent to forgive must be clear
Effect of Reconciliation
1. Before Disinheritance right to disinherit is extinguished
2. After Disinheritance disinheritance is set aside
a. Disinherited heir is restored to his legitime
b. Disinherited heir is entitled to his proportionate share in
intestacy, if any
c. If the disinheriting will made testamentary dispositions,
legacies, and devises, such remain valid
F. LEGACIES AND DEVISES
Legacy is a testamentary disposition of specific or generic personal
property.106
Devise is a testamentary disposition of specific or generic real
property.107
Objects: All things and rights which are within the commerce of man
may be bequeathed or devised.108
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106 Art. 782
107 id.
108 Art. 924
 Law 105 (Succession) Prof. Quintos 14

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Charges of Legacies and Devises109 Legacy of Credit or Remission of a Debt
Compulsory Heirs Legatees and Devisees 1. Only effective as regards that part of the credit or debt existing at
Who may be YES YES the time of the death of the testator119
charged with a. For credit: estate shall assign to the legatee all rights of action
legacies and against the debtor
devises b. For remission: estate shall give the legatee an acquittance
To what Only to the extent of the Only to the extent of the 2. Legacy will lapse if the testator shall bring an action against the
extent free portion given to value of the legacy or the debtor120
them devise 3. A generic legacy of release or remission comprises those existing at
Who is bound When the testator charges ONE, he alone shall be the time of the execution of the will, not subsequent ones121
bound
Legacy or Devise to Creditor122
Should he not charge anyone in particular, all shall be GR: It will not be applied to his credit
liable in the same proportion in which they may XPN: The testator so declares
inherit Creditor shall have the right to collect the excess, if any, of the
credit or of the legacy or devise
Taking possession of the estate will make the heirs solidarily liable for
the loss or destruction of a thing devised or bequeathed, even though Testamentary Instruction to Pay a Debt
only one is negligent.110 1. Instruction to pay a non-existing debt: considered as not written
Part-Ownership of Legacy or Devise111 2. Instruction to pay more than what is due: excess is not due123
GR: Limited to that part or interest
XPN: Testator expressly declares that he gives the thing in its entirety Alternative legacies or devises are those where there are several
things mentioned, but only one is to be given.124
Legacy or Devise of a Thing Owned by Another GR: Choice is presumed left to the heir upon whom the obligation to
1. If the testator erroneously believed that the thing pertained to him: give the legacy or devise may be imposed
VOID legacy or devise112 XPNS:
2. If it afterwards becomes the testators: disposition shall take 1. No heir designated: executor or administrator of the estate
effect113 2. If the heir, legatee, or devises dies: passes to respective heirs
3. If the testator orders that it be acquired to be given to a legatee or Note: Once a choice has been made, it is irrevocable.
devisee, the heir upon whom the obligation is imposed or the
estate must acquire it and give the same to the legatee or devisee114 Generic Legacies or Devises125
XPN: If the owner refuses to alienate it, the heir or the estate shall Of generic personal Valid even if there be no things of the same kind
only be obliged to give the just value of the thing property in the estate
Of indeterminate Valid only if there be immovable property of its
Legacy or Devise Already Belongs to the Legatee or Devisee real property kind in the estate
1. Legacy or devise will be ineffective115
2. If another has an interest in the property or the property has an Right of Choice:
encumbrance, the legacy or devise shall be valid to that extent116 GR: Executor or administrator
3. If the thing is subsequently alienated by the legatee or devisee: XPN: To legatee, devisee, or heirs126
legacy or devise will still be without effect117 If they cant make the choice, it shall pass to their heirs127
a. If the legatee or devisee acquires it gratuitously, he can claim
nothing by virtue of the legacy or devise Demandability of Legacies and Devises128
b. If acquired by onerous title, he can demand reimbursement Legacy or Devise When Demandable
from the heir or the estate Pure and determinate
Pure Upon testators death
Pure and generic
Legacy or Devise of a Thing Pledged or Mortgaged With a suspensive term Upon arrival of the term
1. It must be to secure a recoverable debt before the execution of a With a suspensive condition Upon happening of the condition
will118
2. The estate is obliged to pay the debt, unless the contrary appears
3. Any other charge passes to the legatee or devisee

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
109 Art. 925 and 926 119 Art. 935
110 Art. 927 120 Art. 936
111 Art. 929 121 Art. 937
112 Art. 930 122 Art. 938
113 id. 123 Art. 939
114 Art. 931 124 Art. 940
115 Art. 932 125 Art. 941
116 id. 126 Art. 942
117 Art. 933 127 Art. 943
118 Art. 934 128 C2015 Reviewer
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When Ownership to a Legacy or Devise Vests129
Legacy or Devise
Pure and determinate
If from testators
Pure Pure and estate
generic If acquired from
third person
With a suspensive term
With a suspensive condition
When Ownership Vests
Upon testators death
Upon testators death
Upon acquisition
Upon arrival of the term,
but the right to it vests
upon the testators death
Upon the testators death if
the condition is fulfilled
III. INTESTATE SUCCESSION
Legal or intestate succession is a mode of transmission mortis causa
which takes place in the absence of the expressed will of a decedent
embodied in a testament.
Characteristics:
1. Conferred by law
2. Takes placei n the absence of a will or testament
a. In case of totally unexpected death
b. If the will turns out to be void or defective, in whole or in
part

Fruits of a Legacy or Devise130 A. INSTANCES OF

Legacy or Devise
Pure and determinate
Pure
Pure and generic
With a suspensive term
With a suspensive condition
Preference in Payment of Legacies/Devises of Insufficient
Estate131
1. Remuneratory legacies or devises
2. Legacies or devises declared by the testator to be preferential
3. Legacies for support
4. Legacies for education
5. Legacies or devises of a specific, determinate thing which forms a
part of the estate
6. All others pro rata
Rules in Case of Repudiation by or Incapacity of Legatee/Devisee
1. Primarily substitution
2. Secondarily accretion
3. Tertiarily -- intestacy
When Acquired
Legal or Intestate Succession Takes Place:132
Upon testators death
1. If a person dies without a will, Without a Will means the
Upon determination, unless testator
or with a void will, or one decedent failed to dispose of his
proves otherwise
which has subsequently lost its property. This excludes a will
Upon arrival of the term
validity lacking the legal requisites or a
Upon happening of the condition,
lost will.
unless the testator provides otherwise
Void Will has no legal existence;
occurs when there is cause for
disallowance of a will.
Will Which Loses Its Validity
was previously valid but no other
valid, subsequent will was
executed to take its place.
2. When the will does not institute Failure to institute an heir to
an heir to, or dispose of all the either the whole or part of an
property belonging to the estate does not alone invalidate a
testator. In such case, legal will
succession shall take place only
with respect to the property of Intestate succession applies to the
which the testator has not remainder to which there are no
disposed applicable testamentary
dispositions or when the
dispositions do not become
effective or when the identity of
the person designated cannot be
determined
3. If the suspensive condition ONLY suspensive conditions are
attached to the institution of covered
heir does not happen or is not
fulfilled, or if the heir dies
before the testator, or
repudiates the inheritance, there
being no substitution, and no
right of accretion takes place
4. When the heir instituted is The happening of a resolutory
incapable of succeeding, except condition, the expiration of a term
in cases provided in this Code or period, and non-compliance or
impossibility of compliance with
the testators will

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
129 id.
130 id. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
131 Art. 950 132 Art. 960
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B. BASIC RULES OF INTESTACY E. ACCRETION

3 Basic Rules of Intestacy: If there are several relatives of the same degree and one or some of
1. Preference of Lines them are unwilling or incapacitated to succeed, his portion shall accrue
2. Proximity to the others of the same degree, save the right of representation when
3. Equal Division it should take place.141

Rule of Preference of Lines133 Accretion Takes Place:

There are three lines of relationship (in order of preference): 1. Among heirs of the same degree (they must inherit together)
1. Descending 2. In cases of predecease, incapacity, or renunciation of any one of
2. Ascending them
3. Collateral a. In case of predecease or incapacity: representation, if proper,
Where relatives within the same degree are found in different lines, the will prevent accretion
order of preference between lines must first be applied.
GR: The shares that would have pertained to those who repudiated or
Proximity Rule134 are incapacitated do not pass to relatives of the next degree but are
The relatives nearest in degree exclude the more remote retained by others of the same degree through the right of accretion
XPN: When the right of representation properly takes place (no XPN: When the right of representation is applicable (WRT
exclusion of the more remote because the representative takes the place disinheritance and incapacity only)
of the one nearer in degree)
When Accretion Does Not Apply:142
Rule of Equal Division 1. If the inheritance is repudiated by the nearest relative; or
Those of equal degree shall inherit in equal shares 2. By all the nearest relatives, should there be several
XPNS:
1. Rule of preferences of lines Effect: Those of the following degree inherit in their own right
2. Distinction between legitimate and illegitimate filiation
3. Division by line in the ascending line F. REPRESENTATION
4. Distinction between full and half blood brothers and sisters,
nephews and nieces Representation is a right created by fiction of law, by virtue of which
5. Representation the representative is raised to the place and the degree of the person
represented, and acquires the rights which the latter would have if he
C. INTESTATE HEIRS were living or if he could have inherited.143

Intestate Heirs:135 Application:

1. Legitimate relatives In cases of predecease, incapacity or unworthiness, or
2. Illegitimate relatives disinheritance
3. Surviving spouse Only applies in cases of legal or intestate succession
4. State In testamentary succession, it will only apply as regards the legitime
Allowed when the line is completely illegitimate
D. RELATIONSHIP
An adopted child cannot represent an adopting parent in the
Proximity is determined by the number of generations. Each inheritance
generation forms a degree.136
Effect: The representative is called to the succession by the law and not
A series of degrees forms a line.137 by the person represented. The representative does not succeed the
person represented but the one whom the person represented would
Direct line constituted by the series of degrees among ascendants and have succeeded.144
descendants138

Collateral line constituted by the series of degrees among persons

who are not ascendants and descendants, but who come from a
common ancestor139

Full-blood relationship between persons who have the same father

and the same mother

Half-blood relationship between persons who have the same father

but not the same mother, or the same mother but not the same father140

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
133 Art. 978, 985, and 1003
134 Art. 962
135 Art. 961
136 Art. 963 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
137 Art. 964 141 Art. 968
138 id. 142 Art. 969
139 id. 143 Art. 970
140 Art. 967 144 Art. 971
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Rules: In the Ascending Direct Line
1. The right of representation takes place in the direct descending 1. In default of legitimate children and descendants, parents and
line, but never in the ascending145 ascendants shall inherit from the deceased to the exclusion of
2. In the collateral line, it takes place only in favor of the children of collateral relatives157
brothers or sisters, whether full or half-blood (nieces and 2. Father and mother shall inherit in equal shares
nephews)146 a. If only one of them survive, he or she shall succeed to the
3. The representative himself must be capable of succeeding the entire estate
decedent147 3. In default of the father and mother, ascendants nearest in degrees
4. When representation applies, division shall be made per stirpes so shall inherit158
the representative/s shall not inherit more than what the person a. Within the same line of equal degree: divide per capita
they represent would have inherited148 b. Of different lines but of equal degree: to the paternal and
5. A person may represent him whose inheritance he has to the maternal lines, in each line divide per capita
renounced149
6. Heirs who repudiate their share may not be represented150 Iron Curtain Rule
An illegitimate child has no right to inherit ab intestato from the
G. ORDER OF INTESTATE SUCCESSION legitimate children and relatives of his father or mother; nor shall such
children or relatives inherit in the same manner from the illegitimate
Order in General151 child159
Legitimate Child Illegitimate Child
1. Legitimate children and 1. Legitimate children and Illegitimate Children
descendants descendants 1. In the absence of legitimate descendants or ascendants, the
2. Legitimate parents and 2. Illegitimate children and illegitimate children shall succeed to the entire estate of the
ascendants descendants deceased160
3. Illegitimate children 3. Illegitimate parent or parents 2. If some illegitimate children succeed with descendants of another
4. Surviving spouse 4. Surviving spouse illegiaimate child:161
5. Other collateral relatives up to 5. Brothers and sisters, nephews a. Illegitimate children succeed in their own right
the 5th degree and nieces b. Descendants succeed by right of representation
6. State 6. State 3. If legitimate ascendants are left, the illegitimate children shall
divide the inheritance with them162
In the Descending Direct Line a. to the legitimate ascendants
1. Succession pertains first to the descending direct line152 b. to the illegitimate children
2. Legitimate children and their descendants succeed without 4. If an illegitimate child should die without issue, father or mother
distinction153 shall succeed to his entire estate163
a. Children inherit in their own right in equal shares154 5. In default of the father or mother, an illegitimate child shall be
b. Should some children inherit with descendants of other succeeded by his or her surviving spouse who shall be entitled to
children:155 the entire estate164
i. Children inherit in their own right 6. Should the spouse survive with brothers and sisters, nephews and
ii. Descendants inherit by right of representation nieces:165
3. Illegitimate children surviving with legitimate children: share of the a. to the surviving spouse
IC will be half the share of LC b. to the brothers and sisters, nephews and nieces
4. In the case of the death of an adopted child with no children or
descendants, his parents and relatives by consanguinity shall be his
legal heirs156

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
145 Art. 972
146 id.
147 Art. 973 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
148 Art. 974 157 Art. 985
149 Art. 976 158 Art. 987
150 Art. 977 159 Art. 992
151 C2015 Reviewer 160 Art. 988
152 Art. 978 161 Art. 989
153 Art. 979 162 Art. 991
154 Art. 980 163 Art. 993
155 Art. 981 164 Art. 994
156 Art. 984 165 id.
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Surviving Spouse State
1. In the absence of legitimate descendants and ascendants, and 1. In default of all entitled to succeed, the State shall inherit the
illegitimate children and their descendants, the surviving spouse whole180
shall inherit the entire estate, without prejudice to the rights of 2. Rules of Court must be observed so the State may take
brothers and sisters, nephews and nieces166 possession181
2. If the surviving spouse and legitimate children or descendants are 3. Debts and charges must be paid, then:182
left, the surviving spouse has in the succession the same share as a. Personal property shall be assigned to the municipality or city
that of each of the children167 where the deceased resided
3. If the surviving spouse survives with legitimate parents or i. If the deceased never resided in the Philippines, the whole
ascendants, the surviving spouse:168 shall be assigned where the same is located
a. to the surviving spouse b. Real property to the municipality or city where they are
b. to the legitimate parents or ascendants situated
4. If the surviving spouse survives with illegitimate children:169 4. The estate shall be for the benefit of public schools and public
a. to the surviving spouse charitable institutions and centers in such municipalities or cities
b. to the illegitimate children or their descendants 5. A person legally entitled to the estate must file within 5 years from
5. If the surviving spouse survives with legitimate children or their the date the property was delivered to the State183
descendants and illegitimate children or their descendants:170 a. That person shall be entitled to the possession of the same
a. Share of the surviving spouse shall be the same as a legitimate b. If sold, to such part of the proceeds as may not have been
child lawfully spent
b. Illegitimate children get of the share of legitimate children
6. If legitimate ascendants, the surviving spouse, and illegitimate
children are left:171
a. to the ascendants
b. between the surviving spouse and the illegitimate children
i. to the surviving spouse
ii. to the illegitimate children
7. If brothers and sisters or their children survive with the spouse:172
a. to the surviving spouse
b. to the brothers and sisters or their children
8. If the surviving spouse gave the cause for legal separation, if
applicable, he or she shall not have any of the rights

Collateral Relatives
1. If there are no descendants, ascendants, illegitimate children, or a
surviving spouse, the collateral relatives shall succeed to the entire
estate of the deceased173
2. If the survivors are brothers and sisters of the full blood: inherit in
equal shares174
3. If brothers and sisters succeed together with nephews and nieces
(children of other brothers and sisters):175
a. Brothers and sisters inherit per capita
b. Nephews and nieces inherit per stirpes
4. If brothers and sisters of full blood survive with those of half-
blood: full blood are entitled to a share double the half-blood176
5. If the surviving brothers and sisters are all half-blood: all inherit in
equal shares177
a. Their children succeed per capita or per stirpes in accordance
with the rules for full blood
6. Should there be no brothers and sisters nor their children: other
collateral relatives shall succeed
a. Without distinction by blood178
b. Only up to the 5th degree179

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
166 Art. 995
167 Art. 996
168 Art. 997
169 Art. 998
170 Art. 999
171 Art. 1000
172 Art. 1001
173 Art. 1003
174 Art. 1004
175 Art. 1005 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
176 Art. 1006 180 Art. 1011
177 Art. 1007 181 Art. 1012
178 Art. 1009 182 Art. 1013
179 Art. 1010 183 Art. 1014
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Rules of Exclusion and Concurrence184 IV. PROVISIONS COMMON TO TESTATE AND
Heirs Exclude Concur Excluded By INTESTATE SUCCESSION
LC LP, IP, OC, S SS, IC
IC IP, OC, S LC, SS, LP A. RIGHT OF ACCRETION
LP OC, S IC, SS LC
IP OC, S SS LC, IC Accretion is a right by virtue of which, when two or more persons are
SS OC*, S LC, IC, LP, IP, called to the same inheritance, devise or legacy, the part assigned otthe
BSNN one who renounces or cannot receive his share, or who died before the
BSNN OC, S SS LC, IC, LP, IP testator, is added or incorporated to that of his co-heirs, co-devisees, or
OC OC***, S OC** LC, IC, LP, IP, co-legatees.187
SS, BSNN
Operation of Accretion:
S All
1. Renunciation
OC* -- Collaterals other than BSNN
2. Predecease
OC** -- Collaterals in same degree
3. Incapacity
OC*** -- Collaterals in remoter degree
Repudiation of Accretion:
Summary of Intestate Succession185
Allowed because it has the nature of being voluntary
Art. LC IC SS LP IP BSNN OC S
979 1 Requisites:188
983 LC 1LC 1. That two or more persons be called to the same inheritance, or to
996 LC LC/2 the same portion thereof, pro indiviso; and
999 LC LC/2 1LC 2. That one of the persons thus called die before the testator, or
988 ALL renounce the inheritance, or be incapacitated to receive it
998 Effects: The share of the person who repudiates shall always accrue to
991 his co-heirs in the same proportion that they inherit.189
994 It shall also occur:
1
995 1. In predecease if representation does not take place
1000 2. In incapacity or unworthiness if representation does not take
997 place
985
1 Exceptions to Accretion:
987
997* 1. If the testator provides otherwise
993 1 2. If the obligations are personal and may not be transmitted
994
When Accretion is Not Applicable:
1001
1004 1. If the part repudiated is the legitime190
1 2. When the right of accretion does not take place in testamentary
1006
1009 succession191
1
1010
1011 1 B. CAPACITY TO SUCCEED

H. EXECUTORS AND ADMINISTRATORS186 GR: Every person has the capacity to succeed. Incapacity must be based
on some legal ground that must be shown.
Executor or administrator is the person to whom the administration
of the estate of a decedent is committed. He/she represents the estate Requisites:
and is the person who may be sued on behalf of the estate. 1. Legal existence or juridical personality (natural or artificial)
2. Capacity to succeed (no incapacity or prohibition)
Executor when appointed by the testator in his will
Causes of Incapacity:192
Administrator when the decedent died intestate or testate without Legal Basis Application
having appointed an executor (and is court-designated) Art. 1027 (1) (5) Testamentary succession ONLY
Art. 1027 (6) All kinds of succession
Special-administrator appointed by the court when there is delay in Art. 1028 Testamentary succession ONLY
granting letters testamentary or letters of administration (AKA Art. 1032 All kinds of succession
administrator pendente lite)

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
187 Art. 1015
188 Art. 1016
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 189 Art. 1018 and 1019
184 C2015 Reviewer 190 Art. 1021
185 C2015 Reviewer, modified 191 Art. 1022
186 Not in Maam Quintos outline; all taken from C2015 Reviewer 192 C2015 Reviewer
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Kinds of Incapacity: Grounds for Incapacity to Succeed:
1. Absolute (per se) disqualified to succeed in any form to anyone The priest who heard the 1. The will must have been
or to any quantity of property confession of the testator during executed during the testators
2. Relative (per accidens) disqualified only with respect to certain his last illness or the minister of last illness
persons or property the gospel who extended spiritual 2. The spiritual ministration must
aid to him during the same period have been extended during the
GR: Heir, devisee, or legatee must be living when the succession last illness
opens193 3. The will must have been
XPN: Entities under Art. 1026, who succeed not by virtue of the executed during or after the
general rule of capacity but by special provisions of law spiritual ministration
The relatives of such priest or If they are compulsory heirs, they
Dispositions for the Benefit of the Testators Soul194 minister of the gospel within the still get their legitimes
1. Testator made a disposition for the application of the whole or 4th degree, the church, order, If they are the only intestate heirs,
part of his property for prayers and pious works for the benefit of chapter, community, organization, they get the property as intestate
his soul or institution to which such priest heirs
2. No specification as to who will carry out his disposition, and of the or minister may belong
application of the disposition A guardian with respect to XPN: If the guardian is an
testamentary dispositions given by ascendant, descendant, brother,
Apportionment of the Disposition for the Benefit of the Soul: a ward in his favor before the final sister, or spouse
1. to the church or denomination to which the deceased belonged accoutns of the guardianship have
2. to the State to be applied as provided in Art. 1013 been approved, even if the
testator should die after the
When Capacity is Determined approval thereof; nevertheless,
GR: At the time of the decedents death any provision made by the ward in
XPNS: favor of the guardian when the
1. If subject to a suspensive condition: consider the time of the death latter is his ascendant, descendant,
AND the time of the happening of the condition brother, sister, or spouse, shall be
2. If due to unworthiness: at the time of final judgment valid
Any attesting witness to the XPN: Under Art. 823, if there are
execution of a will, the spouse, other competent witnesses,
parents, or children, or any one disposition is not void
claiming under such witness,
spouse, parents, or children
Any physician, surgeon, nurse, Taking care medical
health officer or druggist who attendance with some regularity or
took care of the testator during continuity
his last illness
Individuals, associations and
corporations not permitted by law
to inherit
Those prohibited from receiving 1. In favor of those with whom
donations inter vivos the testator was guilty or
concubinage at the time of the
making of the will
2. In consideration of a crime of
which both the testator and the
beneficiary have been found
guilty
3. In favor of a public officer, or
his spouse, descendants and
ascendants, by reason of his
public office

If the disposition to the incapacitated heir is made through the guise of

an onerous contract or through an intermediary, the testamentary
provision shall still be void.195

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
193 Art. 1025 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
194 Art. 1029 195 Art. 1031
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Incapacitated Due to Unworthiness196
1. Parents 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, his or her spouse, descendants or ascendants
3. Any person who has accused the testator of a crime for which the
law prescribes imprisonment for six years or more, if the
accusation has been found groundless
4. Any heir of full age who, having knowledge of the violent death of
the testator, should fail to report it to an officer of the law within a
month, unless the authorities have already taken action; this
prohibition shall not apply to cases wherein, according to law,
there is no obligation to make an accustaion
5. Any person convicted of adultery or concubinage with the spouse
of the testator
6. Any person who by fraud, violence, intimidation, or undue
influence should cause the testator to make a will or to change one
already made
7. Any person who by the same means prevents another from
making a will, or from revoking one already made, or who
supplants, conceals, or alters the latters will
8. Any person who falsifies or forges a supposed will of the decedent
Note: This applies to both testate and intestate succession
Restitution
Disqualified heir who took possession of the hereditary property is
obliged to return it201 being a possessor in bad faith202
Determining Law
Capacity to succeed is determined by the law of the nation of the
decedent203
Prescriptive Period
Action for declaration of incapacity and recovery of inheritance, devise,
or legacy must be brought within 5 years from taking possession204
C. ACCEPTANCE AND REPUDIATION OF INHERITANCE
Acceptance is the act by which the person called to succeed by
universal title manifests his will of making his own the universality of
the rights and obligations which are transmitted to him. It is free and
voluntary.205 Non potest liberalitas nolenti adquiri (no one can be required to
accept a benefit)
Repudiation is the manifestation by such heir of his desire not to
succeed to the said universality.
Effects of acceptance or repudiation retroact to the moment of the
death of the decedent.206

Pardon Retroactivity Effect

1. Express made by the execution of a document or any writing in Of acceptance Successor is deemed to have owned and possessed
which the decedent condones the cause of incapacity; must be the property from the precise moment of the
made after the act of unworthiness decedents death
2. Implied if the testator had knowledge of the unworthiness at the Of renunciation Renouncer is deemed never to have owned or
time he made the will possessed the property; the substitute, co-heir, or
intestate heir who gets the property in default is
Restoration to Capacity; Overlap of Unworthiness and deemed to have owned and possessed it from the
Disinheritance197 moment of death
What does the offended party do? What happens? Conditional Upon the happening of the condition, the property
Offended party does not make a will subsequent Apply institutions passes to the heir, with retroactive effect; if the
to the occurrence of the common cause unworthiness. condition does not happen, the property goes to the
Unworthiness sets appropriate successor, with the same retroactive
in ipso facto and effect
written condonation
is necessary to Requisites to Accept or Repudiate:207
restore to capacity 1. Must be certain of the death of the person from whom he is to
Offended If he knew If he disinherits Apply inherit
party makes the cause disinheritance 2. Must be certain of his right to the inheritance
a will If he institutes Offender restored
subsequent or pardons to capacity
If will is silent Unworthiness
stays*
If he does not know of the cause Unworthiness stays

Effects:
1. Children and descendants can represent the unworthy heir198
2. Acts of the excluded heir before the judicial order of exclusion are
valid as to third persons who acted in good faith, but co-heirs can
recover damages from the disqualified heir199
3. Unworthy heir can ask for expenses incurred in the preservation of
the hereditary property200

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
201 Art. 1038
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 202 Art. 549
196 Art. 1032 203 Art. 1039
197 C2015 Reviewer 204 Art. 1040
198 Art. 1035 205 Art. 1041
199 Art. 1036 206 Art. 1042
200 Art. 1037 207 Art. 1043
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Capacity to Accept or Repudiate:208 Effects of Repudiation:
1. Any person having free disposal of his property: may accept and 1. Repudiation to the prejudice of creditors: creditors may petition
repudiate the court to accept in the name of the heir213
2. Minors or incapacitated persons: 2. If the heir dies without accepting or repudiating: right will be
a. Acceptance: by parents or guardians transmitted to his heirs214
b. Repudiation: by parents or guardians with judicial 3. Several heirs called to inherit: some may accept and others may
authorization repudiate215
3. To the poor: by the testator designated 4. If called as a testamentary and intestate heir:216
4. Corporations, associations, institutions, and entities: a. If he repudiates as a testamentary heir: repudiates both
a. Acceptance: by lawful representatives b. If he repudiates as an intestate heir without knowledge of his
b. Repudiation: by lawful representatives with approval of the being a testamentary heir: may still accept as testamentary heir
court 5. Acceptance or repudiation, once made, is irrevocable
5. Official establishments: acceptance and repudiation with approval XPN: Vitiated consent OR appearance of an unknown will217
of government
6. Deaf-mutes who can read and write: personally or through an Waiver of Future Inheritance218
agent 1. The succession has not yet opened
7. Deaf-mutes who cannot read nor write: 2. Object of the contract forms part of the inheritance
a. Acceptance: by guardians 3. The promissor has an expectancy of a right which is purely
b. Repudiation: by guardians with judicial approval hereditary in nature

Forms of Acceptance209 V. COLLATION

1. Express through public document or private writing
2. Tacit inferred from acts revealing an intention to accept
(generally by acts of ownership)
3. Implied Within 30 days after the court has issued an order for
distribution of the estate210
When Inheritance is Deemed Accepted211
1. If the heir sells, donates, or assigns his rights to a stranger, or to his
co-heirs, or to any of them
2. If the heir renounces the same, even though gratuitously, for the
benefit of one or more of his co-heirs
3. If he renounces it for a price in favor of all his co-heirs
indiscriminately; but if this renunciation should be gratuitous, and
the co-heirs in whose favor it is made are those upon whom the
portion renounced should devolve by virtue of accretion, the
inheritance shall not be deemed as accepted
Acts Not Constituting Acceptance
1. Repudiation without consideration in favor of the persons to
whom the share will pass by right of accretion, substitution, or
intestate succession
2. Acts which the heir has the right to perform, even without the
character of an heir:
a. Heir acts as administrator or performs acts of administration
and preservation
b. Heir and deceased are partners in a firm or are co-owners,
any acts which the heir may perform in the interest of the
firm or co-ownership
c. Heir continues possessing the property of the deceased after
the death of the latter
A. DEFINITION
Collation means to bring back or to return to the hereditary mass, in
fact or by fiction, property which came from the estate of the decedent
during his lifetime, but which the law considers as an advance on the
inheritance.
Operations Related to Collation
1. Collation addint to the mass of the hereditary estate the value of
the donation or gratuitous disposition
2. Imputing or charging 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)
3. Reduction determining to what extent the donation will remain
and to what extent it is excessive or inofficious
4. Restitution return or payment of the excess to the mass of
hereditary estate
B. AMONG COMPULSORY HEIRS
Collation occurs among compulsory heirs who received, during the
lifetime of the decedent, any property by way of donation or any other
gratuitous title.219
Tacit or Indirect Donations:
1. Release/remission of a debt
2. Repairs and improvements on tenements belonging to the heir
3. Purchase of immovables by the decedent in the name of an heir
4. Renunciation of an inheritance in favor of a determinate person

Manner of Repudiation212 Donations Inter Vivos Imputable to the Free Portion

1. In a public or authentic instrument 1. To strangers
2. By petition presented to the court 2. To compulsory heirs and the donor so provides
3. To compulsory heirs who renounce the inheritance
4. In excess of the compulsory heirs legitime, as to the excess

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213 Art. 1052
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 214 Art. 1053
208 Arts. 1044-1048 215 Art. 1054
209 Art. 1049 216 Art. 1055
210 Art. 1057 217 Art. 1056
211 Art. 1050 218 Ferrer v. Sps. Diaz
212 Art. 1051 219 Art. 1061
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C. AS COMPUTATION
What Must Be Collated:
1. What a compulsory heir may have received from the decedent,
during the lifetime of the latter, by way of donation, or any other
gratuitous title220
2. The same things donated are not to be brought to collation and
partition, but only their value at the time of the donation221
3. In the collation of a donation made by both parents, one-half shall
be brought to the inheritance of the father, and the other half, to
that of the mother. That given by one alone shall be brought to
collation in his or her inheritance222
6. Expenses incurred by the parents in giving their children a
professional, vocational or other career shall not be brought to
collation234
a. Unless the parents so provide, or unless they impair the
legitime
b. But when their collation is required, the sum which the child
would have spent if he had lived in the house and company
of his parents shall be deducted therefrom
7. Wedding gifts by parents and ascendants consisting of jewelry,
clothing, and outfit, shall not be reduced as inofficious except
insofar as they may exceed one-tenth of the sum which is
disposable by will235

What Does Not Need to Be Collated: E. AS RETURN OR RESTITUTION

Expenses for support, education, medical attendance, even in
extraordinary illness, apprenticeship, ordinary equipment, or customary
gifts223 VI. PARTITION AND DISTRIBUTION OF ESTATE236

D. AS IMPUTATION A. BEFORE PARTITION

What Need to Be Collated: Where there are two or more heirs, the whole estate of the decedent is,
1. When the grandchildren, who survive with their uncles, aunts, or before its partition, owned in common by such heirs, subject to the
cousins, inherit from their grandparents in representation of their payment of debts of the deceased237
father or mother, they shall bring to collation all that their parents,
if alive, would have been obliged to bring, even though such B. DEFINITION
grandchildren have not inherited the property224
2. The grandchildren shall also bring to collation all that they may Partition, in general, is the separation, division and assignment of a
have received from the decedent during his lifetime225 thing held in common among those to whom it may belong. The thing
3. Any sums paid by a parent in satisfaction of the debts of his itself may be divided, or its value.238
children, election expenses, fines, and similar expenses shall be
brought to collation226 The partition is the physical division of the property among the
4. The same things donated are not to be brought to collation and beneficiaries according to their proportions fixed and determined in the
partition, but only their value at the time of the donation227 distribution. During intestate or testamentary proceedings, there is
5. In the collation of a donation made by both parents, one-half shall usually an order of distribution before an actual partition is made. This
be brought to the inheritance of the father, and the other half, to order of distribution allocates to creditors their claims on the estate and
that of the mother. That given by one alone shall be brought to to heirs, legatees and devisees their shares in whats left. After this
collation in his or her inheritance228 allocation, the partition applies to divide those properties still owned in
common among those who are co- owners.239
What Does Not Need to Be Collated:
1. Collation shall not take place among compulsory heirs if the donor Who May Ask for Partition:
should have so expressly provided, or if the donee should 1. By the heirs extrajudicially
repudiate the inheritance229 2. By the court in an ordinary action for partition
2. Property left by will is not deemed subject to collation, if the 3. By the testator himself
testator has not otherwise provided230 4. By a third person designated by the testator
3. Parents are not obliged to bring to collation in the inheritance of
their ascendants any property which may have been donated by the When Partition May Not Be Demanded:
latter to their children231 1. When expressly prohibited by the testator himself for a period not
4. Neither shall donations to the spouse of the child be brought to exceeding 20 years
collation; 2. When the co-heirs agree that the estate shall not be divided for a
a. But if they have been given by the parent to the spouses period not exceeding 10 years, renewable for another 10 years
jointly, the child shall be obliged to bring to collation one-half 3. When prohibited by law
of the thing donated232 4. When to partition the estate would render it unservieable for the
5. Expenses for support, education, medical attendance, even in use for which it is intended
extraordinary illness, apprenticeship, ordinary equipment, or
customary gifts are not subject to collation233
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220 id.
221 Art. 1071
222 Art. 1072
223 Art. 1067
224 Art. 1064
225 id. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
226 Art. 1069 233 Art. 1067
227 Art. 1071 234 Art. 1068
228 Art. 1072 235 Art. 1070
229 Art. 1062 236 C2015 Reviewer
230 Art. 1063 237 Art. 1078
231 Art. 1065 238 Art. 1079
232 Art. 1066 239 Tolentino
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When an Intruder is Included in Partition: F. LEGAL REDEMPTION BY CO-HEIRS
1. Between a true heir and several mistaken heirs: VOID
2. Between several true heirs and a mistaken heir transmission to Requisites for the Exercise of Legal Redemption:
mistaken heir is VOID 1. That there are several heirs of the common inheritance
3. Through error ir mistake, the share of the true heir is allotted to 2. That one of them sells his hereditary rights
the mistaken heir: partition shall not be rescinded unless there is 3. That the sale is made to a stranger before partition has been made
bad faith or fraud, but the other persons interested shall be 4. That one or more of the co-heirs demand the repurchase within
proportionately obliged to pay the true heir his share one month, counted from when he was notified in writing of the
sale
Ways to Partition: a. Only a co-heir can exercise this right; person who sold his
1. Extrajudicially decedent dies intestate without debts share ceased to be an heir
a. All heirs agree among themselves; upon agreement, partition b. Period is counted from the moment he is notified in writing
is valid 5. The buyer is reimbursed the price of the sale
b. If registered property is included, publish the partition in a
public document G. EFFECTS OF PARTITION
c. Go to the Register of Deeds to have titles transferred
2. Judicially 1. A partition legally made confers upon each heir the exclusive
a. Settlement proceeding ownership of the property adjudicated to him241
b. Ordinary action on co-ownership 2. After the partition has been made, the co-heirs shall be reciprocally
bound to warrant the title to, and the quality of, each property
General Procedure: adjudicated242
1. If with a will, it must first be probated. After probate, heirs can 3. The reciprocal obligation of warranty referred to in the preceding
choose between: article shall be proportionate to the respective hereditary shares of
a. Extrajudicial the co-heirs, but if any one of them should be insolvent, the other
b. Judicial: Judge will divide but will give heirs a chance first to co-heirs shall be liable for his part in the same proportion,
submit their own partition deducting the part corresponding to the one who should be
2. If the heirs do not agree on the partition, the judge will appoint a indemnified243
commissioner a. Those who pay for the insolvent heir shall have a right of
3. Commissioner will submit a project of partition, but this will not action against him for reimbursement, should his financial
be binding on the judge condition improve
4. Judge will issue an order of partition; property will be adjudicated 4. An action to enforce the warranty among heirs must be brought
accordingly within ten years from the date the right of action accrues244
5. If a credit should be assigned as collectible, the co-heirs shall not
C. INTER VIVOS OR BY WILL be liable for the subsequent insolvency of the debtor of the estate,
but only for his insolvency at the time the partition is made245
Person Can Partition: 6. The warranty of the solvency of the debtor can only be enforced
1. By will making two things: during the five years following the partition246
a. Testamentary disposition state what value the person will
get H. RESCISSION AND NULLITY
b. Partition state specific property the heir will get or what
comprises the value A partition may be rescinded or annulled for the same causes as
2. By act inter vivos private writing not a will contracts247

D. HOW AND WHEN AFFECTED Rescission. Articles 1381 to 1382.

Annulment. Art. 1390.
GR: Any of the co-heirs can demand a partition at any time 1. Party incapable of giving consent
XPN: Partition is forbidden by the testator; cannot exceed 20 years 2. Vitiated consent
XPN to XPN: IF any of the grounds for dissolution of a partnership a. Mistake
exist, partition will happen b. Violence
c. Intimidation
E. RULES d. Undue influence
e. Fraud
GR: Equality of divided shares240
Recission v. Nullity
An act which is null is supposed to never have happened, while an act
which is recissible is supposed to have been valid at the origin though it
afterwards became ineffective.

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241 Art. 1091
242 Art. 1092
243 Art. 1093
244 Art. 1094
245 Art. 1095
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 246 id.
240 Art. 1085 247 Art. 1097
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