2. Support refusal to give support to the children a. Offended the testator b.

. Common children of the testator and the spouse c. Spouse refuses to give support to the child d. Parents share in support of their common children. Refusal of the other spouse causes damage to the other. (Testator)

Ground

CHILD/ DESCEND

PARENT/ ASCEND

SPOUSE

Attempt against the life of the testator, spouse, ascendant, descendant Accusation of a crime with penalty of six years Induce testator to make/change the will. Support unjustifiably not given Adultery and Concubinage

N/A

Loss of parental authority

N/A

Grounds specific to a particular heir

1. Maltreatment of testator 2. Leading a disgraceful life 3. Commission of crime which carries with it the penalty of civil interdiction

1. Abandonment by parents 2. Attempt on the life of one parent against another parent.

1. Giving cause legal separation 2. Support

IMPERFECT DISINHERITANCE: Disinheritance which does not have one or more of the essential requisites for its validity. EFFECTS OF IMPERFECT DISINHERITANCE 1. If the testator had made disposition of the entire estate; annulment of the testamentary disposition only in so far as they prejudice the legitime of the person disinherited; does not affect the dispositions of the testator with respect to the free portion 2. If the testator did not dispose of the free portion; compulsory heir given all that he is entitled to receive as if the disinheritance has not been made, without prejudice to lawful dispositions made by the testator in favour of others 3. Devisees, legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime IMPERFECT PRETERITION DUSUNHERITANCE Person disinherited The person omitted may be any must be a compulsory heir compulsory heir in the direct line EXPRESS IMPLIED INTENTIONAL EITHER intentional or unintentional Partial annulment of Effect: total institution of heirs annulment of institution of heirs REVOCATION OF DISINHERITANCE 1. Reconciliation NOTE: this refers to the resumption of genuine cordial relationship between the testator and the disinherited heir, approximating that which prevailed before the testator learned of the cause for disinheritance, reciprocally manifested by their actions subsequent to the act of disinheritance. 2. Subsequent institution of the disinherited heir 3. Nullity of the will which contains the disinheritance

NOTES: y Even if validly disinherited, heir can still be validly restored in the legitime by RECONCILIATION. y A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit and renders ineffectual any disinheritance that may have been made. (Art. 922) y Reconciliation when in speaking terms again, no particular form required, it may be express or tacit. However, mere civility which may characterize their relationship is not enough. y In order for reconciliation to be effective, the testator must pardon the disinherited heir; such pardon must specifically refer to the heir and to the acts causing the disinheritance. The heir must accept the pardon. y In unworthiness, there must a pardon in writing to remove incapacity to inherit. However, it does not have to be in a will. y If grounds for disinheritance and unworthiness are common, reconciliation does not erase the fact that the heir is unworthy, what then is the effect of a subsequent reconciliation upon the heirs capacity to succeed? 1. If disinheritance has been made: rule on reconciliation applies, the disinheritance becomes ineffective 2. If disinheritance has not been made: the rule on reconciliation does not apply, the heir continues to be incapacitated to succeed unless the testator pardoned him under Art. 1033

LEGACIES AND DEVISES PERSONS CHARGED WITH LEGACIES AND DEVISES: 1. 2. 3. 4. Compulsory heir; Voluntary heir; Legatee or devisee; Estate

1. If the will is silent as to who shall pay or deliver the legacy/devises, 1. If there is an administration proceedings, there is a presumption that such legacy or devise constitutes a charge against the decedents estate 2. If there is no administration proceedings, it is a charge upon the heirs( Art. 926, par. 2) 2. Since legacies and devises are to be taken from the disposable free portion of the estate, the provisions on institution of heirs are generally applicable to them. 3. The legates/devisees shall be liable for the charge to the extent of the value of the legacy/devise received. 4. The compulsory heir shall NOT be liable for the charge beyond the disposable portion given to him. It should not affect his legitime. ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL LEGACIES AND DEVICES 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 6. Estate 7. All others, pro-rate WHEN LECAGY/DEVISE CAN BE REVOKED BY OPERATION OF LAW 1. If the testator transform the thing bequeathed or devised in such a manner that it does not retain its form and denomination

2. If the testator, by any title or for any cause, alienates the thing bequeathed or devised or any part thereof 3. if the thing bequeathed or devised is totally lost during the lifetime of the testator, or after his death without the heirs fault 4. If the legacy is a credit against a third person or the remission of a debt, and the testator, subsequent to the making of the will brings an action against such debtor for payment. GROUNDS FOR REVOCATION OF LEGACIES OR DEVISES 1. Testator transforms the thing bequeathed in such a manner it does not retain either the form or the denomination it had. 2. The testator by any title or for any cause alienates the thing bequeathed, or any part thereof, it being understood that in the latter case the legacy or devise shall be without only with respect to the part alienated. EXCEPT: when the thing should again belong to the testator after alienation. 3. The thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heirs fault; 4. Other causes: nullity of the will; noncompliance with suspensive conditions affecting the bequests; sale of the thing to pay the debts of the deceased during the settlement of his estate.

VALIDITY AND EFFECT OF LEGACY VALIDITY AND EFFECT OF LEGACY Thing owned in part by testator (Art. 929) General rule: conveys only interest or part owned by testator Exception: if testator otherwise provides1. He may convey more than what he owns the state should try to acquire the part or interest owned by other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the monetary equivalent ( analogy with Article 931) 2. He may convey less than what he owns ( Article 794) General rule: 1. If testator ordered acquisition of the thing the order should be complied with. If the owner is unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent 2. If testator erroneously believed that the thing belonged to him legacy/device is void Exception: if testator acquire the thing onerously or gratuitously after making of the disposition, disposition is validated 3. If testator knew that the thing did not belong to him but did not order its acquisition code is silent but disposition should be considered valid there is an implied order to acquire and doubts must be resolved in favour of intestacy 1. If thing already belonged to legatee/devisee at time of execution of will legacy/devise is void 2. If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee: a. if testator erroneously believed that he owned the thing legacy/ devise is void b. if testator was not in error (i) if thing was acquired onerously by L/D L/D entitled to be reimbursed (ii) if thing was acquired gratuitously by L/D nothing is due 3. if thing was owned by testator at time will was made and L/D acquired the thing form him thereafter law is silent y Balane L/D deemed revoked y Tolentino no intention to revoke ( BUT if the testator has not alienated the thing directly to the L/D, but to a 3rd person and the former just acquired it form the latter, there is an intention to revoke)

Thing owned by another ( Arts. 930-931)

Thing already owned to the legatee/devisee (Arts. 932-933)

Legacy/Devise to remove Valid, if the encumbrance can be removed for a consideration an encumbrance over a thing belonging to testator ( Art 923 par. 2) Legacy/Devise of a thing pledged or mortgaged (Art. 934) The encumbrance must be removed by paying the debt unless the testator intended otherwise.

III. GENERAL PROVISIONS ON LEGAL OR INTESTATE SUCCESSION LEGAL OR INTESTATE SUCCESSION: That which is effected by operation of law in the absence or default of a will CAUSES OF INTESTATE SUCCESSION IN GENERAL 1. In the absence of applicable valid will a. Annulment of institution of heirs. b. When will lose its validity. c. Testator did not make any will. d. Will not probated. e. Revocation f. Preterition 2. In the absence of qualified heirs a. Partial institution of heir, in such case, intestacy takes places as to the undisposed portion ( mixed succession) b. Ineffective disinheritance ( a portion) c. Predecease d. Repudiation (one or all) e. Incapacity f. Disinheritance g. Institution subject to conditions i. Suspensive condition did not happen ii. Resolutory condition happens. iii. Expiration of term or period of institution iv. Non-compliance or impossibility of compliance with the will. BASIC PRINCIPLES IN INTESTATE SUCCESSION 1. Intestate heirs always related by blood. Except: a. Spouse not related by blood, stranger in the family b. Adoptive relation adopter/adopted, fiction by law created by adoption, purely personal c. State in the event no heir can inherit. 2. Rule of Proximity the nearer excludes the farther the relative

nearest in degree exclude the father one, saving the right of representation when it properly takes place. NOTE: This is subject to rule of preference between line. In case of disposition made under Art. 959 in general terms in favor or the testators relatives, only rule of proximity applies. 3. Rule of Preference between lines direct line is always preferred over collateral lines. The direct descending line shall exclude those in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn, exclude those in the collateral line. 4. Rule of equal division the relatives who are in the same degree shall inherit in equal shares same class. Exception: 2. Descending line difference in class in the cases of legitimate or illegitimate filiation. I. In case if paternal/maternal lines II. Collateral half or full blood 3. Ascending line the shares are divided equally between maternal and paternal lines, which could result to unequal shares when there is only one grandparent in the maternal line while both grandparents survived in the paternal side. 4. Division among brothers and sister, some of whom are of the full and others of half-blood; and 5. Division in cases where the right of representation takes place. 5. Rule of barrier between the legitimate family and the illegitimate family the illegitimate family cannot inherit by intestate succession from the legitimate family and vice-versa 6. Rule of double share for full blood collaterals when full and half blood brothers or sisters, nephews or nieces, survive, the full blood shall take a

portion in the inheritance doubt that of the half-blood. NOTE: In all cases where there has been an institution of heirs, follow the ( I.S.R.A.I.) order of Justice Paras. If the institution fails, substitution occurs. If there is no substitute right of representation applies in the direct descending line to the legitime of the vacancy is caused by predecease, incapacity or disinheritance. The right of accretion applies to the free portion when the requisites in Article 1016 are present. If there is no substitute, and the right of representation or accretion does not apply, the rule of intestate succession shall take over. RULES ON RELATIONSHIP 1. Number of generations determines proximity 2. Each generation forms a degree 3. A series of degrees forms a line 4. A line may be director collateral. A direct line is that constituted by the series of degrees among ascendants and descendants ( ascending and descending) 5. A collateral line is that constituted by the series of degrees among persons who are not ascendants or descendants, but who come from a common ancestor. 6. Full blood: same father and mother, half-blood: only one of either parent is the same. 7. In adoption, the legal filiation is personal and exists only between adopter and the adopted. The adopted is deemed a legitimate child of the adopter. EFFECTS OF INCAPACITY O REPUDIATION 1. If there are several relatives of the same degree and on or more of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree (right of accretion) save the right of representation when it should take place. 2. If the inheritance should be repudiated by the nearest relative, should there be only one, or by all the nearest relatives

called by law to succeed, should there be several, those of the following degree shall inherit in their own right (per capita) and cannot represent the person repudiating the inheritance. REPRESENTATION: a right created by fiction of law, by virtue of which the representative is raised to the place and degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. INSTANCES WHEN REPRESENTATION OCCURS: 1. Predecease 2. Incapacity of unworthiness 3. Disinheritance NOTE: in case of repudiation, accretion takes place. Although a renouncer cannot be represented, he can represent the person whose inheritance he has renounced, Sayson v. CA, 205 SCRA 324 CHARACTERISTICS OF REPRESENTATION 1. A right of subrogation 2. Exception to the rule on proximity and equal division 3. Called to succession by law 4. Representative succeeds the decedent and NOT the person represented 5. Takes place when there is vacancy in the inheritance brought about by predecease, incapacity, or disinheritance 6. As a general rule, exercised only by the grandchildren of the decedent. TESTAMENTARY INTESTATE WHEN TAKES PLACE COMPULSORY LEGAL HEIR: dies HEIR: dies before the before the testator is testator is unworthy unworthy to succeed to succeed is disinherited EFFECT UPON THE DIVISION Acquires the right Acquires the right with respect to the with respect to the legitime entire legal portion Per stirpes Per stirpes

IN WHAT KINDS OF SUCCESSION REPRESENTATION OPERATES 1. Legitimes y The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heir with respect to the legitime (Art.923) And only when the heir to be represented: a) Predecease, becomes incapacitated, or was disinherited by the testator b) Is a compulsory heir. c) No right of representation if the heir to be represented is voluntary heir. 2. Intestate succession y Representation occurs in al intestate estate. All legal heirs may be represented when proper. (it is not proper only when the heir to be represented repudiated his share in the inheritance) y

OUTLINE OF RULES: KIND OF HEIR Compulsory Voluntary Legal Predecease Transmits nothing; Representation Transmits nothing; NO Representation Transmits nothing; Representation Incapacity Transmits nothing; Representation Transmits nothing; NO Representation Transmits nothing; Representation Renunciation Transmits nothing; NO Representation Transmits nothing; NO Representation Transmits nothing; NO Representation Disinheritance Transmits nothing; Representation Not applicable Not applicable

IN WHAT LINES DOES REPRESENTATION OBTAIN 1. Legitime in the direct descending line only. Representation does not exist in the ascending line. Hence, the father cannot represent the son in the inheritance from the grandfather. 2. Intestacy: a. In the direct descending line. b. In the collateral line, it takes place only in favour of the children of brother or sisters (nieces and nephews of the decedent, not grand-nieces or grand-nephews), whether of the full or half blood, and only if they concur with at least 1 uncle or aunt. NOTE: if all the brothers and sisters are disqualified, the nephews and nieces shall inherit per capita.

REPRESENTATION OF ILLEGITIMATE OR ADOPTED CHILDREN 1. If the child to be represented is legitimate only legitimate children and descendants can represent him. 2. If the child to be represented is illegitimate both legitimate and illegitimate children/descendants can represent him. 3. And adopted child can neither represent nor be represented

Factual Situation If all the children are disqualified If all the brothers/sisters are disqualified

Division All grandchildren still inherit per stirpes Nephews and nieces inherit per capita

The rationale why an adopted child can neither represent or be represented is because the legal relationship created by the adoption is strictly

EFFECTS OF REPUDIATION 1. By representative right of representation is present Example: a child who repudiates his inheritance when his father died may still represent the latter when his grandfather dies. 2. By heir no right or representation between the adopter and the adopted. Teotica v. Del Val 13 SCRA 406 QUALIFICATIONS TO REPRESENT 1. The representative himself must have capacity to succeed the decedent 2. The representative need not be qualified to succeed the person represented. HOW REPRESENTATION OPERATES y Division shall be made PER STIRPES.

From the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner form the illegitimate child. (Art.992) The barrier rule only applies if there is a legitimate and illegitimate relation. Example: A is the legitimate son of B. C is the illegitimate son of A. C cannot inherit from B if A predeceases, or becomes incapacitated or be disinherited by B.

ORDER OF INTESTATE SUCCESSION INTESTATE HEIRS: Those who are called by law to the succession either in the absence of a will or of qualified heirs, and who are deemed called based on the presumed will of the decedent. REGULAR ORDER OF SUCCESSION 1. 2. 3. 4. 5. 6. 7. 8. Legitimate Children/Descendants Illegitimate Children/Descendants Legitimate Parent/Ascendants Illegitimate Parent Surviving spouse Brothers, Sisters , Nephews, Nieces Other collaterals to the 5th degree State

NOTE: decedent is a legitimate person ORDER OF SUCCESSION (if descendent is a legitimate person) 1. 2. 3. 4. 5. 6. Legitimate Children/Descendants Illegitimate Children/Descendants Illegitimate Parent Surviving spouse Brothers, Sisters , Nephews, Nieces State

THE SUCCESSIONAL BARRIER y An illegitimate child has no right to inherit ab intestate

RULES OF EXLUSION AND CONCURRENCE

Intestate Heir

EXCLUDES

EXCLUDED BY

CONCURS WITH

Legitimate children and Legitimate descendants Illegitimate children and descendants Legitimate parents and legitimate ascendants Illegitimate parents

Ascendants, collaterals No one and state Illegitimate parents, collaterals and state Collaterals and state Collaterals and state No one

Surviving spouse illegitimate children Surviving spouse legitimate children and legitimate parents Illegitimate children and surviving spouse Surviving spouse

Legitimate children Legitimate children and illegitimate children No one

Surviving spouse

Collaterals other than siblings, nephews and nieces All other collaterals and state

Siblings, nephews nieces

Other collaterals within 5th degree

Collateral remoter in degree and state

State

No one

Legitimate children, illegitimate children, legitimate parents and illegitimate parents Legitimate children, illegitimate children, legitimate parents and illegitimate parents and surviving spouse Everyone

Legitimate children illegitimate children legitimate parents and illegitimate parents Surviving spouse

Collaterals in the same degree

No one

SUMMARY OF INTESTATE SHARES

HEIR Legitimate children & descendants Legitimate parents & ascendants 1 (ONE) legitimate children/descendants & surviving spouse Legitimate children (LC) & spouse

LEGITIME (1/2) (1/2) Children Spouse Children Spouse equal to share of 1 (ONE) LC

FREE PORTION TOTAL (1/2) 100% (1/2) Spouse 100% Children Spouse

Legitimate children (LC) & illegitimate children (ILC)

Legitimate parents/ascendant & surviving spouse

Legitimate parents/ascendants & illegitimate children

Illegitimate children & surviving spouse Legitimate children/descendants, surviving spouse & illegitimate children

Legitimate parents/ascendants, surviving spouse, & illegitimate children

Surviving spouse

Generally Articulo mortis Illegitimate children only Illegitimate parents Illegitimate parents & surviving spouse Siblings, nephews & niece Surviving spouse, siblings, nephews & nieces

Entire estate is divided equally between total number of children & spouse LC What remains (IF Whole estate ILC of share of ANY) divided by the 1 (ONE) LC ratio of 2:1 for each legitimate child as compared to the illegitimate child Legitimate spouse Parents parents/ascendants spouse Spouse Legitimate Illegitimate Parents parents/ascendants children ILC Illegitimate children ILC 1/3 ILC 1/6 ILC Spouse 1/3 Spouse 1/6 Spouse LC Whole estate Spouse equal to 1 divided by the (ONE) LC ratio of 2:1 for ILC of share of each legitimate ONE (1) LC child as compared to the illegitimate child Legitimate Spouse 1/8 Legitimate parents/ascendants parents Spouse 1/4 Spouse 1/8 ILC 1/4 ILC (1/2) (1/2) 100% (1/3) (2/3) 100% (1/2) (1/2) Illegitimate parents Spouse (1/2) Spouse (1/2) (1/2) (1/2) Illegitimate parents Spouse (1/2) Nephews/siblings (1/2) 100% 100% Illegitimate parents Spouse 100% Spouse Nephews/siblings

WHEN DECEDENT HAS NO HEIRS 1. Assignment and Disposition of Asset a. If decedent is a resident of the Philippines at any time y Personal property to the municipality of last residence y Real property where situated b. If decedent was never a resident of the Philippines y Personal and real property where respectfully situated 2. How property is to be used a. For the benefit of public educational and charitable institutions in the respective municipalities/cities b. Alternatively, at the instance of an interested party, or moto proprio, the court may order the permanent trust for the benefit of the institutions concerned CARDINAL PRINCIPLES OF INTESTATE SUCCESSION (By Justice Paras) 1. Even if there is an order of intestate succession, the compulsory heirs are never excluded. The civil code follows the concurrence theory, not the exclusion theory. 2. Right of representation in the collateral line occurs only in intestate succession, never in testamentary succession because a voluntary heir cannot be represented ( collateral relatives are not compulsory heirs) 3. The intestate shares are either equal to or greater than the legitime. 4. General rule: Grandchildren always inherit by right of representation, provided representation is proper 5. Nephews and nieces inherit either by right of representation or in their own right a. Right of representation when they concur with aunts and uncles ( provided that right of representation is proper) b. Own rights when they do not concur with aunts and uncles

6. Illegitimate children and descendants of legitimates cannot represent because of the barrier, but both the illegitimate and legitimate children and descendants of illegitimates can. 7. There can be reserve troncal in intestates succession 8. A renouncer can represent, but cannot be represented 9. A person who cannot represent a near relative cannot also represent a relative father in degree. MIXED SUCCESSION OR PARTIAL INTESTACY Mixed succession: Succession that is effected partly by will and partly by operation of law RULES: 1. The law of legitimes must be brought into operation in partial intestacy because the testamentary dispositions can affect only the disposable free portion but never the legitimes. 2. If among the concurring intestate heirs there are compulsory heirs, whose legal or intestate portions exceed their respective legitimes, then the amount of the testamentary disposition must be deducted from the disposal free portion, to be borne by all the intestate heirs in the proportions that they are entitled to receive from such disposable free portion as intestate heirs. 3. If the intestate share of a compulsory heir is equal to his legitime, then the amount of the testamentary disposition must be deducted only from the intestate shares of the others, in the proportions stated above. 4. If the testamentary dispositions consume the entire disposable free portion, then the intestate heirs who are compulsory heirs will get only their legitime, and those who are not compulsory heirs will get nothing.

IV. PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION RIGHT TO ACCRETION: when two or more persons are called to the same inheritance, devisee, or legacy, the part assigned to one who renounce or cannot receive his share or who died before the testator, is added or incorporated to that of his co-heirs, codevisees, or co-legatees 1. In testamentary succession a. Predecease b. Incapacity c. Repudiation d. Non-fulfillment of suspensive condition imposed upon instituted heir e. Ineffective testamentary disposition 2. In intestate succession a. Predecease of a legal heir ( only when representation does not apply) b. Incapacity of legal heir ( only when representation does not apply) c. Repudiation by a legal heir ELEMENTS OF ACCRETION IN TESTAMENTARY SUCCESSION 1. Two or more persons are called to the same inheritance, or to the same portion thereof, pro indiviso (aliquot share) a. In cases of legacy or devise, as long as there is no specific designation of the specific share of each legacy or devise b.Not necessarily equal c. Once a certain specific part of the free portion has already been specifically earmarked, there is no accretion and there is no express provision on accretion. d.But, it is okay to earmark parts of the free portion as long as no specific property has been designated.

NOTE: the heir to whom the portion goes by the right of accretion takes it in the same proportion that they inherit 2. Renunciation, predecease or incapacity of one (or more but less than all) of the instituted heirs that result to a vacancy in the inheritance, legacy or devise. FUNDAMENTAL PRINCIPLES IN ACCRETION 1. Accretion in testate succession only takes place in the free portion. No accretion in the legitime because when the compulsory heir inherits the repudiated share in their own right and not through accretion. If the cause of the vacancy is PID, representation will occur. 2. Accretion also takes place in cases of devisees and legatees and usufructuaries under the same conditions established for heirs. 3. Accretion is subordinate to substitution, because substitutes are instituted by the testator; hence, express will prevails over presumed will. NOTE: if there is neither accretion nor substitution in testamentary succession, the part left vacant will lapse into testacy. 4. The one that the heir gets from accretion can be renounced separate from the inheritance attributed to the heir who will renounced the accrued inheritance.\ SUMMARY: I. In testamentary succession: y Legitime: y In case of predecease of an heir, there is representation if there are children or descendants; if none, the others inherit in their own rights. y In case of incapacity, results are the same as in predecease y In case of disinheritance, results are the same as in predecease

In case of repudiation by an heir, the others inherit in their own rights. 2. Disposable free portion: y Accretion takes place when requisites are present, but if such requisites are not present, the others inherit in their own right. II. In intestate succession: y In case of predecease, there is representation if there are children or descendants; if none, the other inherit in their own rights. y In case of incapacity, results are the same as in predecease. y In case of repudiation, there is always accretion y CAPACITY TO SUCCEED The following are capable of succeeding: A. Natural persons y General rule must be (1) living when succession opens, and (2) not incapacitated or disqualified by law to succeed. NOTE: it is enough that the heir, devisee or legatee be already conceived in accordance with Arts. 40 and 41, to be considered living. y If institution subject to a suspensive condition successor must be living both when decedent dies and when the condition happens y If institution subject to a suspensive term must be alive only at the moment of decedents death, successor need not be alive when the term arrives. B. Juridical persons y Organizations or associations which possess juridical personality

WHO ARE INCAPABLE OF SUCCEEDING A. Absolute incapacity 1. Those not living at the time of death except Arts. 1026, 1027, and 1030 2.Those who cannot be identified uncertain persons ( Art.845) 3.Those who are not permitted by law to inherit (Art.1027) B. Relative incapacity 1.Those prohibited under Art 1027 due to undue influence or interest a) Priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period b) Relatives of such priest or minister of the gospel within the 4th degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong c) Guardian with respect to testamentary dispositions given by a ward in his favour before the final accounts of the guardianship have been approved, even if the testator should die after approval thereof; EXCEPT if the guardian is his ascendant, descendant, bother, sister, or spouse d) Attesting witness to execution of will, their spouses, parents, children or any one claiming under such witness, spouse, parents or children

e) Physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness f) Individuals, associations, and corporations not permitted by law to inherit NOTE: possible only in testamentary succession. Therefore, if the one incapacitated is a compulsory heir, it does not affect the legitime but only the free portion. 2.Those prohibited under Art 739 from giving and receiving donation from each other based on Morality or Public Policy a) Those made between persons who were guilty of adultery or concubinage at the time of the donation; b) Those made between persons found guilty of the same criminal offense, in consideration thereof; c) Those made to a public officer or his wife, descendants and ascendants, by reason of his office NOTE: possible only in testamentary succession. Therefore if the on incapacitated is a compulsory heir, it does not affect the legitime but only the free portion 3.The following are incapable of succeeding by reason of unworthiness: a) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life,

or attempted against their virtue; b) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; c) 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; d) Any heir of full age who, having knowledge of the violent death of the testator, should fall 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 accusation; e) Any person convicted of adultery or concubinage with the spouse of the testator; f) Any person who by fraud, violence, intimidation, or undue influence should case the testator to make a will or o change one already made; g) 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; h) Any person who falsifies or forges a supposed will of the decedent. (756, 673 674a)

Note: The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. This is applicable to both testamentary and legal succession. It is total in the sense that it extends not only to the free portion but also to the legitime. 4. By operation of law the moment the testator uses one of the acts of unworthiness as a cause for disinheritance, he thereby submits it to the rules on disinheritance. Thus, reconciliation renders the disinheritance ineffective.

time the disqualified person took possession thereof. ADDITIONAL NOTES 1. The capacity to succeed is governed by the law of the nation of the decedent. 2.Persons not incapacitated by law may succeed by will or ab intestate. 3.If the heir excluded from the inheritance by reason of incapacity is a compulsory heir, and if such compulsory heir has children or descendant, the latter shall acquire the incapacitated heirs right to the legitime (by representation). 4.A testamentary provision in favour of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. (755) MANNER OF ACCEPTANCE OF INHERITANCE 1. Express a. Public document b.Private writing 2. Tacit acceptance one resulting from acts by which the intention to accept is necessarily implied or which one would have no right to do except in the capacity of an heir. It can be presumed from certain acts of the heir such as: a. When heir sells, donates, or assigns his right. b.When heir renounces it for the benefit of one or more heirs. c. When renunciation is in favour of all heirs indiscriminately for consideration d.Other acts of tacit acceptance: i. Heir demands partition of the inheritance ii. Heir alienates some objects of the inheritance iii. Under article 1057, failure to signify acceptance or repudiation within 30days after and order of distribution by the probate court.

PARDON OF ACTS OF UNWORTHINESS EXPRESS Made by the execution of a document or any writing in which the descendent condones the cause of incapacity Cannot be revoked IMPLIED Effected when testator makes a will instituting the unworthy heir with knowledge of the cause of incapacity Revoked when the testator revokes the will or the institution

TIME TO DETERMINE THE CAPACITY General rule: at the moment of the death of the decedent EXCEPTION: a. Those disqualified under art. 1032 (2, 3, 5) wherein it is necessary to wait until final judgment is rendered. b.Those disqualified under art. 1032 (4) wherein it is necessary to wait for the expiration for the month allowed for report c. If the institution of the heirs, legacy or devise is conditional, the time of compliance with the condition shall be considered. NOTE: The action for a declaration of incapacity and recovery of the inheritance, devise or legacy shall be 5 years from the

CHARACTERISTICS OF REPUDIATION 1. Free and voluntary act 2. Irrevocable once made and cannot be impugned, except in cases vitiating consent. 3. Retroactive REQUISITES FOR A VALID REPUDIATION Heir repudiating must be certain of two things before repudiating: a. Death of the person from whom he is to inherit; b.Right to the inheritance. y Who may accept or repudiate? Any person having the free disposal of his property UNLESS he is incapacitated such as when he is a minor, deaf-mute who cannot read and write, judicially declared insolvent, under civil interdiction, in which cases his guardian or representative shall be the one to accept or repudiate. However, judicial authorization is necessary in case of repudiation.

y How is repudiation made? The repudiation of the inheritance shall be made in: a. A public document acknowledged before a notary public, or b. Authentic instrument equivalent to an indubitable writing or a writing whose authenticity is admitted or proved, or c. By a petition presented to the court having jurisdiction over the testamentary or intestate proceedings. RATIO: The law considers that the act of repudiation is more solemn that the act of acceptance and that repudiation produces more violent and disturbing consequences. y If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir. y If an heir is both a testate and legal heir, repudiation of the inheritance as a testate heir, he is understood to have repudiated in both capacities. However, should he repudiate as a legal heir, without knowledge of being a testate heir, he may still accept the inheritance as a legal heir. NOTES: If renounced in favour of other heirs, does it mean acceptance? It depends: a. If specific heir whether or not renouncing heir receives anything, considered as acceptance on the part of the heir. There are two transfers. b. If gratuitous i. In favour of all his co heirs indiscriminately there is repudiation because heir deemed to have not accepted hence, accretion takes place. ii. In favour of all co-heirs but in proportion different from those they would receive by accretion: considered as tacit acceptance. iii. If gratuitous in favour of one or some of his co-heirs deemed conveyance in favour of the coheirs specified, hence there is acceptance.

If the beneficiary happens to be the POOR: a. Acceptance person designated by the testator to determine the beneficiaries and to distribute the property. In default thereof, the executor. Repudiation beneficiaries themselves once they are determined.

b.

If the beneficiary happens to be a CORPORATION, ASSOCIATION, INSTITUTION, OR ENTITY: a. Acceptance legal representative b. Repudiation - -legal representative with judicial authorization If the beneficiary happens to be a MARRIED WOMAN: she may either accept or repudiate the inheritance without her husbands consent

c. If onerously: y There is no repudiation y Transfer considered to be with consideration y There are also tax implications because there are two transfers. EFFECTS OF ACCEPTANCE AND REPUDIATION General rule: Irrevocable Exception: 1. If made through any of the causes that vitiates consent(mistake, violence, intimidation, undue influence and fraud) 2. When an unknown will appears COLLATION: the act by virtue of which the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him, so that a division may be effected according to law and the will of the testator. To collate is 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 from the inheritance PROPERTIES OR RIGHTS RECEIVED BY COMPULSORY HEIR NOT SUBJECT TO COLLATION 1. Property left by will 2. Property which may have been donated by an ascendant of the compulsory heir 3. Property donated to the spouse of the compulsory heir 4. Expenses for support, education, medical attendance even in extraordinary illness, apprenticeship, ordinary equipment or customary gifts 5. Expenses incurred by parents in giving their children a professional, vocational, or other career 6. Wedding gifts consisting of jewelry, clothing and outfit, given by parents or ascendants, so long as they do not exceed 1/10 of the disposable portion OPERATIONS RELATED TO COLLATION

1. Collation adding 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 it is excessive or inofficious 4. Restitution return or payment of the excess to the mass of hereditary estate PERSONS OBLIGATED TO COLLATE General rule: compulsory heirs EXCEPT: a. When the testator should have so expressly provided; and b. When the compulsory heir should have repudiated his inheritance Grandchildren who survive with their uncles, aunts, or first cousin, and inherit by right of representation. NOTE: Grandchildren may inherit from grandparent in their own right (i.e. heirs next degree) and not by right of representation if their parent repudiates the inheritance of the grandparent, as no living person can be represented except in cases of disinheritance and incapacity. (in such cases, grandchildren are not obliged to bring to collation what their parent has received gratuitously from their grandparent) WHAT TO COLLATE 1. Any property r right received by gratuitous title during the testators lifetime 2. All that they may have received from the decedent during his lifetime 3. All that their parents would have brought to collation if alive PROPERTIES NOT SUBJECT TO COLLATION 1. Absolutely no collation expenses for support, education (elementary and secondary only), medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment or customary gifts.

2. Generally not imputable to legitime: a. Expenses incurred by parents in giving their children professional, vocational or other career unless the parents so provide, or unless they impair the legitime b.Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit except when they exceed 1/10 of the sum disposable by will. PARTITION AND DISTRIBUTION Partition and distribution: the separation, division and assignment of a thing held in common among those to whom it may belong. It includes every act which is intended to put an end to indivision among co-heirs, and legatees or devisees, although it should purport to be a sale, exchange, compromise, or any other transaction. It is not subject to any form WHO MAY EFFECT PARTITION i. Decedent himself during his lifetime by an act in vivos or by will; ii. Heir themselves; iii. Competent court; 3rd person designated decedent

NOTE: y Partition Inter Vivos it is one that merely allocates specific items or pieces of property on the basis of the pro-indiviso shares fixed by law or given under the will to heirs or successor. Partition is not itself a mode of acquiring ownership, nor a title therefore, this partition, being predicated on succession, necessitates relationship to the decedent (in case of intestacy) or a will duly probated (in case of testacy). A partition inter vivos made in favour or intestate heirs could be operative. Dispositions, however, to non-intestate heirs may suffer an impediment unless based on a valid will, expect perhaps when such dispositions are intended to take effect during the life of the testator and the formalities of donations are properly complied with.

PROHIBITION TO PARTITION 1. The prohibition to partition for a period not exceeding 20 years can be imposed on the legitime. 2. If the prohibition to partition is for more than 20 years, the excess is void. 3. Even if a prohibition is imposed, the heirs by mutual agreement can still make the partition. LEGAL REDEMPTION IN FAVOR OF COHEIRS y The right of legal redemption predicated upon the fact that the sale made by the co-heir is effected before the partition of the estate but after the death of the decedent. Requisites: 1. There must be several co-heirs 2. That one of them sells his right to a stranger 3. That the sale is made before the partition 4. That the right of redemption must be exercised by one or more of the coheirs within 1 month from the time they were notified in writing by the coheir vendor

WHO CAN DEMAND PARTITION 1. 2. 3. 4. Compulsory heir; Voluntary heir; Legatee or devisee; Any person who has acquired interest in the estate

WHEN PARTITION CANNOT BE DEMANDED (PAPU) 1. When expressly prohibited by the testator himself for a period not exceeding 20 years; 2. When the co-heirs agreed that the estate shall not be divided for a period not exceeding 10 years, renewable for another 10 years; 3. When prohibited by law; 4. When to partition the estate would render it unserviceable for the use for which it is intended.

5. The vendee is reimbursed for the price of the sale. EFFECTS OF PARTITION y Confers upon each heir the exclusive ownership of the property adjudicated. y After the partition, the co-heirs shall be reciprocally bound to warrant the title to (warranty against eviction) and the quality of (warranty against hidden defects), each property adjudicated. y The obligation of warranty shall cease in the following cases; i. When the testator himself has made the partition unless his intention was otherwise, but the legitime shall always remain unimpaired. ii.When it has been expressly stipulated in the agreement of partition, unless there has been bad faith. iii.When the eviction was due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. EFFECTS OF INCLUSION OF INTRUDER IN PARTITION 1. Between a true heir and several mistaken heirs partition is VOID. 2. Between several true heirs and a mistaken heir transmission to mistaken heir is VOID. 3. Through error or mistake; share of true heir is allotted to mistaken heir partition shall not be rescinded unless there is bad faith or fraud on the part of the other persons interested, but the latter shall be proportionately obliged to pay the true heir of his share NOTE: Partition with respect to the mistaken heir is VOID. A VOID WILL MAY BE A VALID PARTITION 1. If the will was in fact a partition; and 2. If the beneficiaries in the void will were legal heirs

IMPORTANT PERIOD TO REMEMBER PERIODS TO REMEMBER ON PARTITION 1 month or less before making a will Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will Maximum period testator can prohibit alienation of dispositions

20 years

5 years from delivery To claim property to the state escheated to the state 1 month To report knowledge of violent death of decedent lest he be considered unworthy

5 years from the time Action for declaration disqualified person of incapacity & for took possession recovery of the inheritance, devise or legacy 30 days from issuance of order of distribution Must signify acceptance/repudiation otherwise, deemed accepted

1 month from written Right to repurchase notice of sale hereditary rights sold to a stranger by a coheir 10 years To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues To enforce warranty of solvency of debtor of the estate at the time partition is made Action for rescission of partition on account of lesion

5 years from partition

4 years from partition

I. PARTNERSHIP

3. With intention that profits (and losses) will be divided among the contracting parties ESSENTIAL FEATURES: 1. There must be a VALID CONTRACT. 2. The parties must have legal capacity to enter into the contract. 3. There must be a mutual contribution of money, property or industry to a common fund. 4. There must be a lawful OBJECT. 5. The purpose or primary purpose must be to obtain profits and divide the same among the parties. ADDITIONAL REQUIREMENT FOR JURIDICAL PERSONALITY a. It is also required that the articles of partnership must NOT be kept SECRET among the members; otherwise, the association shall have no legal personality and shall be governed by the provisions on COOWNERSHIP (Art.1775) b. kept secret among the members secrecy directed no to third persons but to some of the partners c. This does not mean that there could be no contractual relations amongst the parties; there is only no partnership or association with distinct legal personality CHARACTERISTICS: 1. Essentially contractual in nature ( Art. 1767, 1784) 2. Separate juridical personality (Art. 1768) 3. Delectus personae 4. Mutual agency (Art. 1803) 5. Personal liability of partners for partnership debts FORM OF PARTNERSHIP CONTRACT GENERAL RULE: No special form is required for the validity of a contract. (Art. 1356)

I.

CONTRACT OF PARTNERSHIP

PARTNERSHIP a contract wherein two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. General Professional Partnership (Art. 1767, Par. 2): Two or more persons may also form a partnership for the exercise of a profession. 1. The Architecture Act of 2004 (R.A. 9266) grants that a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions: a. Only Filipino citizens properly registered and licensed as architects under this Act may, among themselves, or together with allied technical professionals, form and obtain registration as a firm, company, partnership, association or corporation for the practice of architecture; b. Registered and licensed architects shall compose at least seventyfive percent (75%) of the owners, shareholders, members incorporators, directors, executive officers, as the case may be; c. Individual members of such firm, partnership association or corporation shall be responsible for their individual and collective acts as an entity and as provided by law; d. Such firm, partnership, association or corporation shall be registered with the Securities and Exchange Commission and Board. ELEMENTS OF A PARTNERSHIP: There shall be a partnership whenever: 1. There is a meeting of the minds; 2. To form a common fund;

BURDEN OF PROOF AND PRESUMPTION 1. Must be proven, not presumed. 2. Persons acting as partners presumed to have entered into contract of partnership. Burden of proof shifted to party denying its existence. 3. Extent partnership presumed to exist until proven terminated. 4. Use of the term partner does not necessarily show existence of partnership. Non-use of the terms partnership or partners not conclusive as to non-existence of partnership, but entitled to weight. CHAPTER 2: OBLIGATIONS OF PARTNERS A partnership begins from the moment of the execution of the contract, unless it is otherwise stipulated. Exceptions 1. Where immovable property/real rights are contributed ( Art.1771) y Public instrument is necessary y Inventory of the property contributed must be made, signed by the parties and attached to the public instrument otherwise it is VOID. 2. When the contract fails under the coverage of the Statute of Frauds (art. 1409) 3. Where capital is p3,00 or more, in money or property ( Art. 1772) y Public instrument is necessary y Must be registered with SEC but failure to comply shall not affect the liability of the partnership and the members thereof to third persons A void partnership under Article 1773, in relation to Article 1771, may still be considered a partnership de facto or by estoppel vis--vis third persons; and may be considered by the courts as an ordinary contract (though not exactly and Art. 1767 partnership) from which rights and obligations may legally stem. Torres v CA, 320SCRA 428 (1999)

(x) SEC Opinion, 1 June 1960: For purposes of convenience in dealing with government offices and financial institutions, registration of partnership having a capital of less than Php 3,000 is recommended. SEPARATE JURIDICAL PERSONALITY The partnership has a juridical personality separate and distinct from that of each of the partners, even in case of failure to comply with the requirements of article 1772, first paragraph (Registration with SEC). As a JURIDICAL PERSON, a partnership may: 1. Acquire and possess property of all kinds; 2. Incur obligations; and 3. Bring suit, in conformity with the laws and regulations of their organization. (See Art. 46) DELECTUS PERSONAE the selection or choice of the person. Implications: (Dean Villanueva) The assignment of a partner of his share does not make assignee a partner (Art. 1804 and 1813) The existence of the partnership is closely tied-up to the particular contractual relationship of the partners (see instances of dissolution of the partnership upon change of contractual relationship.) PARTNERSHIP RELATIONSHIP IS FIDUCIARY IN NATURE 1. Right to choose co-partners no one can become member of partnership without the consent of all other partners 2. Power to dissolve partnership allowed the power, not necessarily the right, to dissolve partnership. Dissolution must be in good faith. Bad faith will not prevent dissolution but may result in liability for damages

Doctrine of Delectus Personae: partnership at will is predicated on the mutual desire and consent of the partners. The right to choose with whom to associate himself is the very foundation and essence of that partnership. Ortega v. CA, G.R. No.109248, July 3, 1995 Delectus personarum; does not apply to a limited partner who merely contributes his interest and is not barred from engaging in competitive business or from transacting business with the partnership as if he were a stranger (Art. 1866, in relation to Arts. 1789, 1808 and 1854). MUTUAL AGENCY (According to Dean Villanueva) Unless otherwise stated, all partners are considered agents and whatever any one of them may do alone shall bind the partnership (Arts. 1803(1), 1818) Partners can dispose of partnership property even when in partnership name (Art.1819) Admission or representation made by any partner concerning partnership affairs is evidence against the partnership (Art.1820) Notice to any partner of any matter relating to partnership affairs is notice to the partnership (Art. 1821) Wrongful act or omission of any partner acting for partnership affairs makes the partnership liable (Art. 1822) Partnership bound to make good losses for acts or misapplications of partners (Art.1823) UNLIMITED LIABILITY (According to Dean Villanueva) All partners are liable pro rate with all their properties and after partnership assets have been exhausted, for all partnership debts (Art. 1816) Any stipulation against personal liability of partners for partnership debts is void, except as among them (Art. 1817) Partners are liable solidarily with the partnership for everything chargeable to the partnership when caused by the wrongful act of omission of any partner acting in the

ordinary course of business of the partnership or with