17. Q: What are the forms of repudiation?

A: The form of repudiation as provided under Article 1051 of the New Civil Code shall be any of the
following:

a. A public instrument;
b. Authentic instrument; or
c. By petition to the court having jurisdiction over the testamentary or intestate proceedings.

18. Q: Make a chart of comparison for preterition, disinheritance and repudiation.

A: The distinctions of preterition, disinheritance, and repudiation may be broken down as follows:

PRETERITION DISINHERITANCE REPUDIATION

Must be express and
made in a public or
authentic instrument or
Must be expressly stated in
As to manner and form Implied by petition to the court
the will
having jurisdiction over
the testamentary or
intestate proceedings.
Compulsory heirs in the Compulsory heirs whether
As to the subject Inheritance
direct line or not in the direct line
Heir, whether
compulsory or voluntary;
parents or guardians of
minors or incapacitated
As to the actor Testator Testator
persons or legal
representatives of
corporations when there
is judicial authorization

Cause must always be

stated in the will and must
May be with cause or be true and legal, May be with cause or
As to the cause
without cause otherwise, the without cause
disinheritance is ineffective
or illegal

May be intentional or
As to the intention Always intentional Purely voluntary and free
unintentional
 Valid, hence the
disinherited heir cannot Valid, thus, the
inherit, unless the repudiating heir inherits
It annuls the institution
disinheritance is ineffective nothing, unless it was
As to the status of the of the heir, thus, the
or illegal by reason of: made through any of the
act omitted heir may
1. No cause stated; causes that vitiate
inherit.
2. No true cause; consent or when an
3. Illegal cause; or unknown will appears.
4. Reconciliation.

19. Q: What are the defective partitions?

A: The following are the defective partitions:

a. Those made under the same causes which make a contract rescissible (Art. 1097):
1. Those which are entered into by guardians whenever the wards whom they represent
suffer lesion by more than one-fourth of the value of the things which are the object
thereof;
2. Those agreed upon in representation of absentees, if the latter suffer the lesion stated
in the preceding number;
3. Those undertaken in fraud of creditors when the latter cannot in any other manner
collect the claims due them;
4. Those which refer to things under litigation if they have been entered into by the
defendant without the knowledge and approval of the litigants or of competent judicial
authority;
5. All others specially declared by law to be subject to rescission (Art. 1381);
b. Those made under the same causes which make a contract voidable or annullable (Art.
1097):
1. Those where one of the parties is incapable of giving consent;
2. Those where the consent is vitiated by mistake, violence, intimidation, undue influence
or fraud (Art. 1390);
c. A partition resulting to lesion at least 1/4, considering the value of the things at the time
they were adjudicated (Art. 1098);
d. That which results to lesion where the legitime is impaired (Art. 1099);
e. That which is made with preterition of objects (Art. 1103);
f. That which is made with preterition of compulsory heirs (Art. 1104);
g. That which is made with the intrusion of a stranger (Art. 1105).

20. Q: Compare absolute and relative incapacity.

A: Absolute incapacity renders a person incapable of inheriting from anyone regardless of the
circumstances while relative incapacity merely renders one incapacitated to inherit from certain
persons or certain properties by reason of possible undue influence, morality and public policy, or
unworthiness.